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JANUARY 13,1998 MINUTESo£ ' iz-giz-xi; "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR WILLIAM D. BESSOMS, IR., At-Large JOHN A. BAUM, Blackwater Borough LINWOOD O. BRANCH Ill, Virginia Beach Bo~oug, h WILLIAM W. HARRISON, IR., I~¥nnhaven Borough HAROLD HEISCHOBER, At-Large BARBAP~4 M. HENLEY, Pungo Borough LOUIS R. JONES, Bayside Borough REBA S. McCI~4NAN, Princess Anne Borough NANCY K. PARKER, At-Large LOUISA M. STRA YHORN, Kempsville Borough JAMES K. SPORE, City Manager LESLIE L. LiLLEY, City Attorney RUTH HODGES SMITH, CMC / AAE, City Clert~ CITY COUNCIL AGENDA CI'Pt' HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 2345b-9005 ( 757~ 427-4303 January 13, 1998 I. PRESENTATIONS - Conference Room - 9:00 AM go Bo STANDARD METROPOLITAN STATISTICAL AREA (SMSA) James Babcock, Hampton Roads Partnership TRT LIGHT RAIL PROJECT STATUS Kim Kimball, Executive Director, TRT II. CITY MANAGER'S BRIEFINGS go CONVENTION & VISITOR DEVELOPMENT James B. Ricketts, Director ECONOMIC DEVELOPMENT Donald L. Maxwell, Director III. REVIEW OF AGENDA ITEMS IV. CITY COUNCIL CONCERNS V. INFORMAL SESSION - Conference Room - 12:30 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION VI. - Council Chamber - 2:00 PM FORMAL SESSION A. B. D. E. F. CALL TO ORDER - Mayor Meyera E. Obemdorf INVOCATION: Reverend John Vlk Calvary Chapel of Hampton Roads PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ELECTRONIC ROLL CALL OF CITY COUNCIL CERTIFICATION OF EXECUTIVE SESSION MINUTES 1. INFORMAL & FORMAL SESSIONS January 6, 1998 G. AGENDA FOR FORMAL SESSION CONSENT AGENDA The Consent ~tgenda wil! be determined during the ,4genda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. RESOLUTION 1. Resolution to approve issuance of the Virginia Beach Development Authority's Multifamily Rental Housing Revenue Refund Bonds: Lake Associates (Briarwood Apartments) $15,095,217.00 and, to refund the Portsmouth Redevelopement and Housing Authority for bonds issued June 24, 1994 in the amount of $15,917,817.99. Jo ORDINANCES Ordinance to AMEND and REORDAIN Ordinance No. 97-2464F by associating a name with Election Residence District 3. Ordinances to AMEND certain sections of the Virginia Beach City Code: a. Sections 2-432, 16-3, 16-3.1, 16-7, 16-8, 16-32, 16-33, 16-35 and 21-378(6), DELETING references to volumes of the Virginia Uniform Statewide Building Code and revising the title of the Housing Code Administrator to the Code Enforcement Administrator. bo o eo Section 16-37 re references to Code of Virginia Section 15.2 re buildings and other structures harboring illegal drag activity. Section 16-38, ADDING a section re removal or repair of defacement on structures. Section 21-377 re the open storage of inoperable vehicles, ADDING screening, notice and appeals provisions. Sections 23-46.1, 23-48, 23-50 and 23-50.1, revising the title of the Housing Code Administrator to Code Enforcement Administrator. Ordinance to ACCEPT and APPROPRIATE a $65,434 Grant fi:om the Commonwealth of Virginia Department of'Criminal Justice Services to the Police Department's FY 1997-1998 Operating Budget for enhanced services related to domestic violence; and, estimated revenue from the Commonwealth of Virginia be increased accordingly. Ordinance to ACCEPT and APPROPRIATE a $15,000 Grant fi:om the Virginia Department of Environmental Quality Virginia Coastal Resources Management Program; TRANSFER $6,000 matching funds from the General Fund Reserve for Contingencies to the Fiscal Year 1997-1998 Operating Budget of the Department of Planning; and, estimated revenue from the Commonwealth of Virginia be increased accordingly. PUBLIC HEARING - PLANNING PLANNING BY CONSENT - To be determined during the Agenda Review Session. Application of LENWOOD R. and ROBINS. IRELAND for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires lots created by subdivision meet all requirements of the City Zoning Ordinance at 924 Sparrow Road East (KEMPSVILLE BOROUGH). Deferred: December 16, 1997 Recommendation: APPROVAL Application of HERITAGE CHRISTIAN ACADEMY, INC., for a Conditional Use Permit for a private school (Christian Ac0demy) on the West side of Salem Road, North of Winston Avenue (2751 Salem Road), containing 3.692 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL Application of TIDEWATER KOREAN BAPTIST CHURCH TRUSTEES for a Conditional Use Permit for a church expansion at the Southwest intersection of Overland Road and Oakengate Drive (301 Overland Road), containing 2.779 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL o Application of SAR, L.L.C. for a Conditional Use Permit for housing for the aged, disabled and handicapped on the West side of Chimney Hill Parkway beginning at a point 230 feet more or less South of Holland Road, containing 3.372 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL Application of MICHAEL CREDLE for a Conditional Use Permit for a furniture showroom and truck rentals at the Northeast intersection of Bonney Road and South Kentucky Avenue (3912 Bonney Road), containing 2.858 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL Application of NEXTEL COMMUNICATIONS, INC., for a Conditional Use Permit for a monopole and communications equipment shelter on the South side of Indian River Road, West of West Neck Road (2765 Indian River Road), containing 35.06 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL Applications of THE FOUNDERS VILLAGE, INC., at the Northwest quadrant of Regent University Drive and Jake Sears Road, containing 73.9 acres (KEMPSVILLE BOROUGH): a. Changes of Zoning on the following parcels: Parcel 1: From B-1 Neighborhood Business District to 0-2 Office District located 2700 feet more or less East of the intersection of Jake Sears Road and Centerville Turnpike. Parcel 2: From I-1 Light Industrial District to 0-2 Office District located 2000 feet more or less East of the intersection of Jake Sears Road and Centerville Turnpike and on the West side of Regent University Drive, 500 feet more or less North of Jake Sears Road. Parcel 3: From R-5D Residential Duplex District to 0-2 Office District located 450 feet more or less East of the intersection of Jake Sears Road and Centerville Turnpike. b. Conditional Use Permit for a Retirement Community. Recommendations: APPROVAL Lo APPOINTMENTS WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS 1. ABSTRACT OF LEGAL CASES RESOLVED - DECEMBER 1997 O. 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) 01/08/98BAP AGENDA\01-13-98.PLN www.virginia-beach.va.us "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR WILLIAM D. SESSOMS, JR., Al-Large ]OHN A, BAUM, Bl~tr~ L/NWOOD O. BRANCH IlL Virginia Beach I~.ou£h B/ILIdAM ~/. HARRISON. JR., LynnhdVen I~omugh HAROLD HEI~HOBER, At-~rge ~ M. HENRY, Pun~ LOUIS R. ]ON~, ~BA S. M~NAN, Pnncn~ An~ ~ugh N~C~ K. PA~ER, EUI~ M. ST~YHO~, K~I~ ]AMES K. SPORE. Cit) Manage~ LESLIE L LILLEY, Cit~ Attorney RUTH HODGES SMITH. CMC / AAE. City Clerk CITY COUNCIL AGENDA CITY IIALL BUlU)ING 2401 COURTtIOUSE DRIVE VIRGINIA BEACH. VIRGINIA 23456-9005 17~Tl 427-4303 January 13, 1998 I. PRESENTATIONS - Conference Room - 9:00 AM Bo STANDARD METROPOLITAN STATISTICAL AREA (SMSA) James Babcock, Hampton Roads Partnership TRT LIGHT RAIL PROJECT STATUS Klm Kimball, Executive Director, TRT II. CITY MANAGER'S BRIEFINGS Ao Bo CONVENTION & VISITOR DEVELOPMENT James B. Ricketts, Director ECONOMIC DEVELOPMENT Donald L. Maxwell, Director III. REVIEW OF AGENDA ITEMS IV. CITY couNCIL CONCERNS V. INFORMAL SESSION - Conference Room - 12:30 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION VI. FORMAL SESSION A. B. D. E. F. - Council Chamber - 2:00 PM January 6, 1998 CALL TO ORDER - Mayor Meyera E. Obemdorf INVOCATION: Reverend John Vlk Calvary Chapel of Hampton Roads PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ELECTRONIC ROLL CALL OF CITY COUNCIL CERTIFICATION OF EXECUTIVE SESSION MINUTES 1. INFORMAL & FORMAL SESSIONS - G. AGENDA FOR FORMAL SESSION CONSENT AGENDA The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. RESOLUTION 1. Resolution to approve issuance of the Virginia Beach Development Authority's Multifamily Rental Housing Revenue Refund Bonds: Lake Associates (Briarwood Apartments) $15,095,217.00 and, to refund the Portsmouth Redevelopement and Housing Authority for bonds issued June 24, 1994 in the amount of $15,917,817.99. ORDINANCES Ordinance to AMEND and REORDAIN Ordinance No. 97-2464F by associating a name with Election Residence District 3. 2. Ordinances to AMEND certain sections of the Virginia Beach City Code: ao Sections 2-432, 16-3, 16-3.1, 16-7, 16-8, 16-32, 16-33, 16-35 and 21-378(6), DELETING references to volumes of the Virginia Uniform Statewide Building Code and revising the title of the Housing Code Administrator to the Code Enforcement Administrator. Section 16-37 re references to Code of Virginia Section 15.2 re buildings and other structures harboring illegal drug activity. c. Section 16-38, ADDING a section re removal or repair of defacement on structures. do Section 21-377 re the open storage of inoperable vehicles, ADDING screening, notice and appeals provisions. eo Sections 23-46.1, 23-48, 23-50 and 23-50.1, revising the title of the Housing Code Administrator to Code Enforcement Administrator. Ordinance to ACCEPT and APPROPRIATE a $65,434 Grant from the Commonwealth of' Virginia Department of Criminal Justice Services to the Police Department's FY 1997-1998 Operating Budget for enhanced services related to domestic violence; and, estimated revenue from the Commonwealth of Virginia be increased accordingly. Ordinance to ACCEPT and APPROPRIATE a $15,000 Grant from the Virginia Department of Enviromnental Quality Virginia Coastal Resources Management Program; TRANSFER $6,000 matching funds from the General Fund Reserve for Contingencies to the Fiscal Year 1997-1998 Operating Budget of the Department of Planning; and, estimated revenue from the Commonwealth of Virginia be increased accordingly. PUBLIC HEARING - PLANNING PLANNING BY CONSENT - To be determined during the Agenda Review Session. Application of LENWOOD IL and ROBIN S. IRELAND for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires lots created by subdivision meet all requirements of the City Zoning Ordinance at 924 Sparrow Road East (KEMPSVILLE BOROUGH). Deferred: December 16, 1997 Recommendation: APPROVAL Application of HERITAGE CHRISTIAN ACADEMY, INC., for a Conditional Use Permit for a private school (Christian Academy) on the West side of Salem Road, North of Winston Avenue (2751 Salem Road), containing 3.692 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL Application of TIDEWATER KOREAN BAPTIST CHURCH TRUSTEES for a Conditional l,J,e Permit for a church expansion at the Southwest intersection of Overland Road and Oakengate Drive (301 Overland Road), containing 2.779 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL Application of SAR, L.L.C. for a Conditional Use Permit for housing for the aged, disabled and handicapped on the West side of Chimney Hill Parkway beginning at a point 230 feet more or less South of Holland Road, containing 3.372 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL Application of MICHAEL CREDLE for a Conditional Use Permit for a furniture showroom and truck rentals at the Northeast intersection of Bonney Road and South Kentucky Avenue (3912 Bonney Road), containing 2.858 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL o Application of NEXTEL COMMUNICATIONS, INC., for a Conditional Use Permit for a monopole and communications equipment shelter on the South side of Indian River Road, West of West Neck Road (2765 Indian River Road), containing 35.06 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL Applications of THE FOUNDERS VILLAGE, INC., at the Northwest quadrant of Regent University Drive and Jake Sears Road, containing 73.9 acres (KEMPSVILLE BOROUGH): a. Changes of Zoning on the following parcels: Parcel 1: From B-1 Neighborhood Business District to 0-2 Office District located 2700 feet more or less East of the intersection of Jake Sears Road and Centerville Turnpike. Parcel 2: From I-1 Light Industrial District to O-2 Office District located 2000 feet more or less East of the intersection of Jake Sears Road and Centerville Turnpike and on the West side of Regent University Drive, 500 feet more or less North of Jake Sears Road. Parcel 3: From R-5D Residential Duplex District to 0-2 Office District located 450 feet more or less East of the intersection of Jake Sears Road and Centerville Turnpike. b. Conditional Use Permit for a Retirement Community. Recommendations: APPROVAL APPOINTMENTS WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS 1. ABSTRACT OF LEGAL CASES RESOLVED - DECEMBER 1997 O. 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 Dca0 01/08/98BAP AGENDA\01 - 13-98.PLN www.virginia-beaeh.va.us MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 13, 1998 Mayor Meyera E. Oberndorf called to order the PRESENTATIONS AND CITY MANAGER'S BRIEFINGS in the Council Conference Room, City HaH Building, on January 13, 1997, at 9.'00 A.M. Council Members Present: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker,. and Louisa 3/1. Strayhorn Council Members Absent: Vice Mayor William D. Sessoms, Jr. Barbara M. Henley [ENTERED: l l:OO A.M.] [ENTERED: 9:10 A.M.] -2- PRESENTATION STANDARD METROPOLITAN STATISTICAL AREA (SMSA) 9:O0 A.M. ITEM # 43053 James Babcock, Hampton Roads Partnership, referenced the proposal to request the Federal agencies to rename, in the next census, the Standard Metropolitan Statistical Area (SMSA) of Norfolk, Virginia Beach/Newport News to Hampton Roads Metropolitan Statistical Area . This is a common sense proposal. When speaking of the region, the name Hampton Roads is utilized. An advisory group composed of economic development and marketing representatives believed this name would be of assistance in creating a consistency in marketing the area, particularly for economic development purposes. As the relocation experts nationally review the MSA 's, Hans Gant, Chairman of the Hampton Roads Economic Development Alliance, determined it would be beneficial to have the name Hampton Roads in the national statistics. The name, Hampton Roads, is recognized externally in many quarters. The maritime and military have utilized this term for decades and this term is becoming known in economic development circles. The only statistical information available was compiled by the Virginia Waterfront Group in preparing their proposals. A survey was conducted in the northeast of households who would buy tourist packages. 48% had heard of Hampton Roads and knew it was in Virginia. Hampton Roads is going to be even better known externally as it is being adopted by one group after the other as the proper name for this region. It will be marketed even more vigorously in the future. Mr. Babcock believed the rules of the Census Bureau enable them to make this change. The basic rule for MSA is to use names of municipalities - ones that have the principal population and principal economic impact in a metro economy. However, there are a few exceptions. In the entire Metro area, there are subdivisions of the statistics: Long Island and Northern New Jersey. The New England MSA 's have a special nomenclature because they have a township scheme. The decision rests with the Federal Government; and, the request must be presented strongly. The Executive Committee of the Hampton Roads Partnership requested Mr. Babcock contact each of the three cities, Norfolk, Virginia Beach, Newport News, to ensure their comfort with this change. The City of Newport News has already agreed to this MSA designation. Mr. Babcock has forwarded a package concerning the process to Mayor Paul Fraim of Norfolk. Mayor Fraim wished to know Virginia Beach's decision. Mr. Babcock referenced the Tour Guide by A/L4, which has a section entitled "Hampton Roads". If one looks up Norfolk and Virginia Beach in the alphabetical listing, it states "See Hampton Roads". Maps contain a regional inset identified as Hampton Roads, which has all the municipalities from Williamsburg to Virginia Beach. This change was accomplished as a result of the activity of the Regional Identity Task Force. Mr. Babcock does not believe Virginia Beach would ever give up its identity as a tourism location and a military base. In the middle of 1995, Mr. Babcock attended three separate strategic planning meetings: Future of Hampton Roads, Forward Hampton Roads and the Plan 2007 Group. In two of the three cases, there was a consultant facilitating the meeting. The question of marketing and identify arose. There was a thorough discussion. After a straw vote, it was unanimous the members agreed the region should be called Hampton Roads. The Hampton Roads Partnership does not have a budget, but is trying to create recognition of a positive image for this entire magnificent Maritime economy of which Virginia Beach and other cities are a part. Mr. Babcock cited projects underway: Signage (Beltway) Hampton Roads Chamber of Commerce News Bureau, Senator Warner has requested the Secretary of the Navy name a vessel - USS Hampton Roads High Schools in the entire area have been designing flags for a Hampton Roads Flag Contest. As there are no funds budgeted, all examples cited are building blocks. The newspaper now has a Hampton Roads section instead ora Metro section. The majority of the announcers invariably use the term, Hampton Roads, when speaking of the area. Having a strong image is important as the entire Hampton Roads regional economy is competing with other economies. Virginia Beach is a part of that image. Hampton Roads is not used in substitution for the City name. Hampton Roads is defined by listing the cities and their important attributes. Virginia Beach really looks impressive. The City has an engineering school, a medical school, a university community which includes the top African-American College in the country and the top Christian University in the Country. An unparalled research community exists. The marketing of these attributes will assist the entire area to grow. The word, Hampton Roads, would be like the last name and each individual City's first name would be the name of their city. Mayor Oberndorf advised when City Council makes a decision, it will be transmitted to Mr. Babcock. January 13, 1998 -3- PRESENT/I TION TRT LIGHT RAIL PROJECT STATUS 9:27A.M. ITEM # 43054 Jayne B. Whitney, Assistant Executive Director - TRT, advised clarification will be provided relative the funding currently being requested from the General Assembly and the Commonwealth Transportation Board. Gene Allen, Project Manager of Parsons and Brinkerhoff , will review the components of the preliminary Engineering and Environmental Impact Statement for the 18-mile segment between Virginia Beach and Norfolk, the Naval Base alignment selection and the Chesapeake/Portsmouth corridor analysis. Mrs. Whitney advised relative the Light Rail, the consultant contract is establishing a connection. There is no recommendation at the present time, and about six different alternatives are being investigated. At the present time, relative the overpasses, under the current cost estimate, Independence Boulevard is one of the proposals. However, based on conversations with City Council, Rosemont, Witchduck, Lynnhaven and the other crossings are being considered as well in the EIS. A recommendation shouM be available within the next two or three months. Mrs. Whitney advised the $7-MILLION being requested from the State is comprised of $2-MILLION from the Commonwealth Transportation Board and $5-MILLlON from the General ,4ssembly, which TRT will try to achieve through a budget amendment. This funding will assist to fund the appraisal process of the Norfolk-Southern right-of-way and the Environmental Impact Statement for the Naval Base link. Part of Mr. Allen's activities are to select this alignment. The funding will allow the TRT to complete all the environmental work for the 18-mile segment, the Norfolk-Naval Base segment and the airport segment. These three packages will be completed in terms of the Environmental Impact Statement. Gene Allen, Civil Engineer- Parsons and Brinkerhoff, advised basically he is leading the team which is an extension of Mrs. Whitney's staff. The team is conducting the technical end of the LRT Planning and Design work associated with the project. A rail technical presence had not been in the office of the Koger Executive Center; therefore, the company made the commitment to relocate Mr. Allen at the company's expense to work on this project. It was critical to have a project manager full time. Mr. Allen was a Project Manager in Philadelphia on the Frankford elevated system. Mr. Allen referenced, with the utilization of slides: Key Studies in 1980's Final Study Recommended: Use Norfolk Southern Right-of way Bus Feeder System No Significant Impacts Part of Larger LRT System The Major Investment Study is the first real step in the Federal process on the method to evaluate all the options for improving transportation within a given corridor identified from Virginia Beach to Norfolk (the east-west Corridor along 1-44). Alternatives Considered No Build Congestion Management System (CSM) HOV Busway in NS Right-of-Way Route 44/1-264 Busway Light Rail Transit (LRT) in NS Right-of-Way Route 44/1-264 LRT Virginia Beach Boulevard LRT Alternative Technologies When the options were evaluated, TTDC and the MPO adopted the solution to accomplish all three: congestion management, enhanced bus service and Light Rail system. Mr. Allen displayed a map of the Light Rail system which runs east/west from the Pavilion at Virginia Beach to Plume Street in Norfolk mostly on the Norfolk/Southern right-of-way. The MIS has been completed on this and approved. The preliminary engineering and environmental impact statement has commenced. The second task is to identify and arrive at a single, or perhaps two, route(s) with destination to the Navy Base and consider a route to the airport. January 13, 1998 -4- PRESENTATION TR T LIGHT RAIL PR OJECT STATUS ITEM # 43054 (Continued) TRT is presently investigating 6 different routes: 1-64, Military Highway, Norfolk/Southern right-of-way, Granby Street, Colley and Hampton BoulevartL It may turn out that what may be best for the region wouM be a loop that would include two of those routes. A series of Public Meetings will begin. A screening process involving these alignments will be developed to provide an alterative analysis (economic development, ridership cost, travel time, etc). The solution of a locally approved alternative will lead to a new Environmental Impact Statement for this next phase of the project. A long range study to investigate future corridors to the south to Chesapeake down to Greenbrier and to Portsmouth is being conducted. There are two major employers in Portsmouth, which are good computer destinations from this area: Norfolk Naval Shipyard and the Portsmouth Hospital. Overall Federal Project Development Process The following have been accomplished: Systems Planning Major Investment Study DEIS/Preliminary Engineering/FEIS When the Environmental Impact Statement is completed, TRT will obtain a record of decision from FTA, a Financial Letter of Intent. TRT will then prepare Final Design and negotiate a full funding grant agreement and move on into construction. Relative the Environmental Impact Statement, all aspects of the project and its impact on the Region are considered: Transportation Service Changes & Impacts; Cultural Resource Impacts; Community Impacts; and Natural Resource Impacts. A considerable amount of conceptual preIiminary engineering is completed as part of the process to support the Environmental Statement. Preliminary Engineering Preliminary Alignment Station Site Plans Preliminary Station .4rchitecture Systemwide Components Capital Costs 0 & M Costs Drainage Right-of-way and Utilities Grade Crossings The Public Involvement Plan is designed to respond to existing issues, as well as identify and address concerns raised during the EIS process. TRT has already started with the Scoping process, which was a large mailing of approximately 3,000 copies. There have been two (2) well attended Public Hearings. The public comments will be incorporated into the work of TRT. Three committees are being established to assist: Steering Committee, composed of senior business and community leaders: Technical Advisory Committee, composed of planners and engineers from the Municipalities; and, a Citizens Advisory Committee - an Ad Hoc Committee, which will have quarterly meeting, composed of people who live and work in the area of the stationery development. Regarding Project Information and Public Input, the tools available are: Web Page: Project hotline: www. ridetrt, org 757/461-0647 Mr. Allen displayed a Project Implementation Schedule. TRT is basically looking at starting up the system in 2003. Mr. Allen advised every major intersection, in terms of current and projected traffic, will be evaluated as to whether or not it is appropriate to grade separate them. TRT will work with the City's staff to evaluate same. By the end of 1999, TRT is expecting the decisions of both City Councils. January ].3, 1998 -5- PRESENTATION TRT LIGHT RAIL PROJECT STATUS ITEM # 43054 (Continued) Mrs. Whitney advised Tidewater Transportation District Commission does have condemnation authority; however, they have not exercised this power without the permission of the cities. The State has the power of condemnation for highways. The Park-N-Ride lots will be at approximately 7 or 8 of the stations. The Pavilion will have a Park-N-Ride with multi-modal center planned by the City. However, the smaller stations in downtown Norfolk and Birdneck will not. The EIS on the Naval Base and Airport should be completed in 2000 prior to construction. There is a two-year construction timeframe. According to City Council's resolution, the right-of-way has to be purchased for the Naval Base and Airport Alignments before construction of the first 18-mile segment. The total project should be in the Advisory Referendum for the City's citizens. The cost in the Referendum question will include both the capital costs and the annual operating costs. Mrs. Whitney advised a Director of Light Rail Engineering is being hired. TRT does not have the staff as does the City in Public Works and Engineering; therefore, TRT must hire additional staff to perform the technical work. The Federal Transit Administration requires a Project Management Plan for projects in Preliminary Engineering which describes how the sponsoring agency (TRT) will carry out the technical and management functions of the activity. This insures FTA that adequate technical and managerial skills are providedforprojects utilizing federal funds. FTA has also recommended that TRT engage the services of personnel experienced in LRT quality control, LRT systems and operation, planning/station development and programming/procurement. This is a minimum standard set for projects in Preliminary Engineering and TRT is pursuing a Director of Development as well as a Director of Capital Programs Procurement at this time. Other required services will be acquired through outside contract staff. These costs will be appropriately covered by LRT project costs. ,4 list of any new positions will be provided to City Council. The separated elevations at intersections will be determined in consultation with the City Council. TRT is projecting the cost to be $22-MILLIONper mile. TRT can assist and, as part of this project improve the interchange access into Lynnhaven Mall. TRT is working with the Lynnhaven business group relative this mall. The Station Site Plans will be available prior to the Referendum. Mr. Allen said the site plans should be developed later this Spring and workshops would commence with the public. These plans should be resolved and in a conceptual level by early Fall of this year. Mrs. Whitney will provide statistics relative the projected ridership based on age and income. Senator Warner has been very helpful in terms of authorizing the project at a 50% Federal funding level, approximately $225-MILLION, The additional funds, hopefully, will be received through State sources. This City Manager will provide a list of the projects for which funds are being requested from the State. The City Attorney will provide copies of the enabling legislation relative to the condemnation authority of TTDC. Mrs. Whitney advised Hambright, Calcagno and Downing performs the advertising and public relations for TRT. Beth Carpenter was in attendance representing the firm. Mayor Oberndorf complimented Mrs. Whitney on her appearance with local public radio which was interesting and informative regarding questions and responses. The Mayor expressed appreciation to Mrs. Whitney and Mr. Allen. January 13, 1998 -6- ITEM # 43055 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City HaH Building, on Tuesday, January 13, 1998, at lO:36 A.M. Council Members Present: John A. Baum, Linwood O. Branch, III,, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: Vice Mayor William D. Sessoms, Jr. and Louisa 34. Strayhorn January 13, 1998 -7- ITEM # 43056 Mayor Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: PUBLICLY-HELD PROPERTE' Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). To- Wit: Lynnhaven Borough Princess Anne Borough Upon motion by Council Lady Parker, seconded by Councilman Baum, City Council voted to proceed into EXECUTIVE SESSION. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn January 13, 1998 -8- ITEM # ,15057 Mayor Meyera E. Oberndorf RECONYENED the INFORMAL SESSION BRIEFINGS SESSION in the Council Conference Room, City Hall Building on January 13, 1998, at 11:12 A.M. Council Members Present: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: Harold Heischober January 13, 1998 -9- CER TIFICA TION OF EXECUTIVE SESSION ITEM # 43058 Upon motion by Council Lady Parker, seconded by Vice Mayor Sessoms, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Harold Heischober January 13, 1998 Beso u ou 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 it 45056, Page 7, 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. Ruth Hodges Sm~'th, CMC/AAE ' City Clerk January 13, 1998 -10- AGENDA RE VIEW SESSION ITEM # 43059 11:14A.M. Vice Mayor Sessoms advised this item will be discussed during the FORMAL SESSION: Ordinance to AMEND and REORDAIN Ordinance No. 97-2464F by associating a name with Election Residence District 3. ITEM # 43060 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: RESOL UTION/ORDINANCES L1 Resolution to approve issuance of the Virginia Beach Development Authority's Multifamily Rental Housing Revenue Refund Bonds: Lake Associates (Briarwood Apartments) $15,095,217. O0 and, to refund the Portsmouth Redevelopement and Housing Authority for bonds issued June 24, 1994 in the amount of$15,917,817.99. K. 2. Ordinances to AMEND certain sections of the Virginia Beach City Code: Sections 2-432, 16-3, 16-3.1, 16-7, 16-8, 16-32, 16-33, 16-35 and 21-378(6), DELETING references to volumes of the Virginia Uniform Statewide Building Code and revising the title of the Housing Code Administrator to the Code Enforcement Administrator. Section 16-3 7 re references to Code of Virginia Section 15.2 re buildings and other structures harboring illegal drug activity. c. Section 16-38, ADDING a section re removal or repair of defacement on structures. Section 21-377 re the open storage of inoperable vehicles, ADDING screening, notice and appeals provisions. Sections 23-46.1, 23-48, 23-50 and 23-50.1, revising the title of the Housing Code Administrator to Code Enforcement Administrator. Ordinance to ACCEPT and APPROPRIATE a $65,434 Grant from the Commonwealth of Virginia Department of Criminal Justice Services to the Police Department's FY 1997-1998 Operating Budget for enhanced services related to domestic violence; and, estimated revenue from the Commonwealth of Virginia be increased accordingly. Ordinance to ACCEPT and APPROPRIA TEa $15, 000 Grant from the Virginia Department of Environmental Quality Virginia Coastal Resources Management Program; TRANSFER $6,000 matching funds from the General Fund Reserve for Contingencies to the Fiscal Year 1997-1998 Operating Budget of the Department of Planning; and, estimated revenue from the Commonwealth of Virginia be increased accordingly. January 13, 1998 -11- .4 GEND.4 RE VIE W SESSION ITEM # 43070 Council Lady McClanan referenced an item for apartments on Holland Road scheduled for the Planning Commission Session of January 14, 1998. Council Lady McClanan was concerned relative traffic in this area and requested updated traffic counts be provided the Planning Commission for this agenda item.. K. 4. Application of SAR, L.L C. fora Conditional Use Permit for housing for the aged. disabled and handicapped on the West side of Chimney Hill Parkway beginning at a point 230 feet more or less South of Holland Road, containing 3.3 72 acres (KEMPSVILLE BOROUGH). Council Lady Henley expressed concern and inquired if Mr. Ronald C. Ripley, Member of the Limited Partnership, does or does not receive the tax credits. Council Lady Henley believed this to be a very good project. The purpose is to construct a l l 2-unit independent living housing facility for the aged, disabled, and handicapped. The costs of the units will be $445 for one-bedroom units and $536 for two-bedroom units, for individuals or couples with annual incomes between $15,000 and $20,000. The staff will advise and provide the legal definition of "housing for the age". ITEM # 43071 Council Lady Strayhorn wished to be assured this application will be reviewed after one year to be sure the trucks will be hidden from the street. Council Lady McClanan inquired as to the size of the trucks as the parking lot is already congested. K. 5 Application of MICHAEL CREDLE for a Conditional Use Permit for a ft4rniture showroom and tr~ck rentals at the Northeast intersection of Bonney Road and South Kentucky Avenue (3912 Bonney Road), containing 2.858 acres (KEMPSVILLE BOROUGH). ITEM # 43072 Council Lady McClanan expressed concern relative the height of the monopole, which is higher than any pole in a residential area. K, 6. Application of NEXTEL COMMUNICATIONS, INC., for a Conditional Use Permit for a mono_vole and communications equipment shelter on the South side of Indian River Road, West of West Neck Road (2765 Indian River Road), containing 35. 06 acres (PRINCESS ANNE BOROUGH). Councilman Branch requested the Planning Commission review these towers to determine the number ultimately to be within the City and their locations. Council Lady McClanan advised towers have been placed on 1-44. Council Lady McClanan assumes the longer the City keeps quiet, the more towers the City will get. The City Manager advised correspondence has been written to the State Secretary of Transportation, as a region, objecting strongly to the approach VDT has taken on these towers. The City Attorney advised Fairfax and Chesterfield have cases pending against VDT. When the State commits their property to private use, then it should be subject to local zoning. The City Manager advised William Gambrel, City Planner, will provide information relative Communication Towers. Councilman Heischober advised these cases do not challenge the right of VDT to build the tower. What they are challenging is the right of the user to install the antenna. The City Attorney requested, if there is opposition, action be DEFERRED. The staff wishes to be assured procedurally all is correct. The staff will contact the applicant if they are agreeable to DEFERRAL. Council Lady McClanan concurred a deferral would be appropriate. Council Lady Parker advised she wouM ABSTAIN on this application as one of the Trustees is a client of hers. January 13, 1998 - 12- AGENDA RE VIE W SESSION ITEM # 43073 Mayor Oberndorf advised she has responded to a number of letters advising the City Council is not subsidizing this application. Council Lady Strayhorn advised she had requested Donald Maxwell provide a summary sheet regarding this item. Council Lady McClanan wished to comment on this item during the Formal Session. There will be speakers during the Formal Session. Applications of THE FOUNDERS VILLAGE, INC., at the Northwest quadrant of Regent University Drive and Jake Sears Road, containing 73.9 acres (KEMPSVILLE BOROUGH): a. Changes of Zoning on the foilowing parcels: Parcel 1: From B-1 Neighborhood Business District to 0-2 Office District located 2700feet more or less East of the intersection of Jake Sears Road and Centerviile Turnpike. Parcel 2: From I-1 Light Industrial District to 0-2 OJfice District located 2000feet more or less East of the intersection of Jake Sears Road and Centerville Turnpike and on the West side of Regent University Drive, SOO feet more or less North of Jake Sears Road. Parcel 3: From R-5D Residential Duplex District to 0-2 Office District located 450feet more or less East of the intersection of Jake Sears Road and Centerville Turnpike. b. Conditional Use Permit for a Retirement Community. ITEM # 430 74 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT A GENDA. Application of LENWOOD R. and ROBIN S. IREI~ND for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires lots created by subdivision meet all requirements of the City Zoning Ordinance at 924 Sparrow Road East (KEMPSVILLE BOROUGH). Application of HERITAGE CHRISTIAN A CADEMY, INC., for a Conditional U:ie Permit for a private school (Christian Academy) on the West side of Salem Road, North of Winston Avenue (275l Salem Road), containing 3.692 acres (PRINCESS ANNE BOROUGH). Application of TIDEWATER KOREAN BAPTIST CHURCH TRUSTEES for a Conditional Use Permit for a church expansion at the Southwest intersection of Overland Road and Oakengate Drive (301 Overland Road), containing 2. 779 acres (KEMPSVILLE BOROUGH). K. 4. Application of SAR, LL C. fora Conditional Use Permit for housing_for the aged. disabled and handica_~t~ed on the West side of Chimney Hill Parkway beginning at a point 230 feet more or less South of Holland Road, containing 3.3 72 acres (KEMPSVILLE BOROUGH). January 13, 1998 - 13- AGENDA RE VIEWSESSION ITEM # 43074 (Continued) K. 5. Application of MICHAEL CREDLE for a Conditional Use Permit for a_furniture showroom and truck rentals at the Northeast intersection of Bonney Road and South Kentucky Avenue (3912 Bonney Road), containing 2.858 acres (KEMPSVILLE BOROUGH). January 13, 1998 - 14- CITY COUNCIL CONCERNS ll:35 A.M. ITEM # 43075 At the request of Richard Welton, Councilman Harrison advised a few days ago he photographed the world- class sport fishing at Rudee Inlet. Councilman Harrison distributed the photographs. There were 650 boats launched at Owl's Creek on Saturday and Sunday. The Virginia Institute of Marine Science was present checking the catch to be assured no boat takes more than the committed number of Rock Fish and they are the correct length. As the parking lot was full, the participants parked on General Booth Boulevard. Councilman Harrison informed them the police wouM place $15 tickets on each of the cars. The participants were not disturbed as they believed this to be inexpensive. They paid $15 to launch a boat anywhere in the State. This was 'just a drop in the bucket". Councilman Harrison advised this is a revenue source and alternative parking should be found, perhaps at Camp Pendleton. Councilman Harrison also went over to the McClesky property and photographed the City's dredge sitting "dead idle" on a Sunday. The ocean was like a lake. It was also not operative on the previous Saturday.. Councilman Harrison expressed concern and requested information be provided. This would have been a great weekend to dredge the inlet. ITEM # 43076 Councilman Baum referenced the Agricultural Advisory Commission Meeting of January 12, 1998. Council Lady Henley was also in attendance. An item was discussed relative dumping spoil in agriculturally zoned areas. Construction jobs believe, if approved by the Engineering Department, they can dump dirt anywhere and it is not really enforceable. Are they allowed to fill in the flood plain? The City Staff will provide information relative enforcement by the Engineering Department and if these contractors ae allowed to dump material offsite. ITEM # 430 77 Councilman Branch referenced the School Board Meeting at which Dean Block, Director of Management Services, presented information relative the 5-Year Forecast. Councilman Branch believed the School Board received a good understanding of where the City is financially and he encourages this type of interaction whenever possible. ITEM # 43078 Council Lady Henley advised she noticed right behind the building which serves the Voter Registrar and the Agriculture Department seems lately to be utilized for parking of City vehicles during the day and at night. As this building receives as much public interaction as most of the other buildings, perhaps the first two rows couM be reserved for citizens and City vehicles parked elsewhere. ITEM # 43079 Council Lady Parker referenced a meeting on January 12, 1998, with the School Liaison relative the Technical Education Center, All is going smoothly and they are very excited about the response and receiving some grant funds even before the first brick has been laid Dr. Patrick M. Konolpnick, Director - Technical and Career Education - Virginia Beach School was very appreciative. ITEM # 43080 Vice Mayor Sessoms expressed concern relative the traffic on First Colonial Road as the School will be opening in April. Vice Mayor Sessoms inquired if traffic signals were being considered to help resolve the situation. The City Manager advised the City staff is working on school zone flasher and other amenities. January 13, 1998 - 15- CITY MANAGER'S BRIEFING CONVENTION & VISITOR DEVELOPMENT 11:35 A.M. ITEM # 43081 James B. Ricketts, Director- Convention & Visitor Development, advised the 1997 Tourist Season has been a super year. SUMMER SEASON Rooms nights were up 2.6%. Per party spending up $205 over the last five years. Canadians are back in record numbers. More than 80°/3 of visitors plan to return, which compares to 58.5% in 1992. 75 % are return visitors - In 1992 this was 66% Hotel receipts for the summer have increased 10.4% Restaurant receipts have increased 5% The market has increased in age - over the last 5 years has increased from 37 to 40 years. Income level has risen from $55,000 to $64,000. YEAR TO DATE Oceanfront room nights have increased 5.4%. City-wide room nights have increased 3 % Occupancy on the oceanfront has gone from 62 to 65 City-wide occupancy has increased from 60.5 to 62.2% Hotel receipts have increased 7.2 % 451,766 inquires, an increase of 10% These accomplishments reflect the City is in line with the strategic focuses of the advertising campaign. The statistics reinforce the infrastructure investment made in the Resort area. Regional cooperation has existed in the last couple of years and there has been a payoff in the public relations effort with approximately $6- MILLION in benefits. The retail packaging is generating incremental dollars. City Council is familiar with some of the packages: Family Fun Package is in its fourth season. This is approximately a $600,000 program with regional partners. The Sun/Splash Fun Package is utilized in Canada through the Canadian Automobile Association. These three programs combined have a $1,200,000 Budget with the City's investment of approximately $300,000. The City will have its third annual Southeastern Virginia Eco Tourism Symposium in February. The new Chesapeake Bay Visitors Center at First Landing is due to open in May and June. A brochure has been completed for eco-tourism and a lodge is being contemplated at Sandbridge. Relative the Chesapeake Bay Visitors Center, Ron Kuhlman advised the building is being expanded approximately 3, 000 square feet on the Bay side of the campgrounds in the First Landing State Park. Virginia Marine Science Museum will have a wet lab and an educational center there. The Visitors Center will feature nature based activities. Mr. Ricketts referenced Sports Marketing and cited examples: Golf Course Development Forming a Golf Course Association and hiring an Executive Director Multi-purpose Stadium (Mariners Soccer) 19 Soccer Fields 4 Softball fields 1998 and 2001/IA U Junior Olympic Games 1999 ~ U National Girls Basketball Championships There are many regional venues coming on line in sports marketing. The Norfolk State Complex is crucial in looking at the national AA U games for track and field. Commercial efforts are being made in a national sports magazine and an advertising insert with commercial material. The City Staff is investigating Chicago and Detroit as possible markets. Capital Region USA is comprised of Virginia, Washington D.C. and Maryland who have come together primarily to promote international travel to this region. The City has had a tremendous year and the strongest in ten years. January 13, 1998 -16- ITEM # 43082 The City Council RECESSED to the City Council Chamber for Governor George Allen's announcement of GEICO Corporation locating in Corporate Landing Business Park. January 13, 1998 -17- ITEM # 43083 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, January 13, 1998, at 12:55 P.M.. Council Members Present: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: None January 13, 1998 - 18- ITEM # 43084 Mayor Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, peoCormance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). Wetlands Board Economic Development Alliance PUBLICLY-HELD PROPERTE' Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which couM affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). To- Wit: Lynnhaven Borough Princess Anne Borough LEGAL MA TTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1- 344(A)(7). To- Wit: Contracts Lifeguard Services Beach Entertainment Lobbyist Services Upon motion by Councilman Jones, seconded by Council Lady Parker, City Council voted to proceed into this second EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None January 13, 1998 - 19- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL January 13, 1998 2:30 P.M. Mayor Meyera E. Oberndorf., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, January 13, 1998, at 2:30 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: None INVOCATION: Ruth Hodges Smith, CMC/AAE City Clerk PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed there were no matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Central Fidelity Banlc The Vice Mayor regularly makes this Disclosure as he may or may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of January 1, 1998, is hereby made a part of the record. January 13, 1998 Item VI-E. - 20- CER TIFICA TION OF EXECUTIVE SESSION ITEM # 43085 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None January 13, 1998 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 # 43084, Page 18, and in accordance with thc 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. Ruth Hodges Smith, CMC/AAE City Clerk ' January 13, 1998 - 21 - Item VI-F. 1. MINUTES ITEM # 43086 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED the Minutes of the INFORMAl. AND FORMAL SESSIONS of January 6, 1998. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William IrK. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None January l~ 1998 - 22 - Item VI-G. ADOPT AGENDA FOR FORMAL SESSION ITEM # 43087 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION January 13, 1998 - 23 - CITY MANAGER'S BRIEFING ECONOMIC DEVELOPMENT ITEM # 43088 Donald Maxwell, Director of Economic Development, through the utilization of slides referenced the accomplishments. The periodfrom 1980 to 1990 was one of very fast growth. The fledging Corporate Landing Park was in existence with no tenants approximately three years ago. There was no direction on the types of jobs, more on the creation of jobs. The numbers were more important than the quality. There were separate advertising approaches. There was a single emphasis in economic development, primarily industrial development. Now, many of the marketing and advertising funds are utilized in existing businesses. The budget is divided among retaining and expanding existing businesses and attracting new relocations into the area. The Economic Development Department has also taken a multi-faceted systems approach in not only attracting basic industry, but also working on retail and commercial industries, as well as hotel, entertainment and other types of attractions. Opportunities are also being explored of partnering with the private sector. Through a study conducted by the Industrial Development Research Council, over a course of 2 ~ years, there has been an increase awareness of Virginia Beach as a business location from 86% to 94%. Over a 3 year period, there were more than 2788jobs created, 52 new companies attracted to Virginia Beach, 62 expansion with a Capital Investment of $85-MILLION. January 1 - December 31, 1997 15 new companies, 12 business expansions/retentions 1,143 new jobs 631 retained jobs 232, 700 square feet of industrial/office space absorbed 284,800 square feet of build-to-suit industrial/office space 7 acres of land sold in Oceana West Corporate Park 6. 7 acres of land sold in Corporate Landing $32,126,000 Capital Investment In 1977, STIHL came to Virginia Beach with 160 employees and a payroll of $2.2-MILLION with real estate taxes of $16,000 annually. In 1997, STIHL has increased to 700 employees, a payroll of $22.5- MILLION and real estate taxes have increased more than 1,212%. The City now participates in the Hampton Roads Economic Development Alliance with a contribution annually of $1 per capita. The Alliance markets the entire region on a national and international basis. The focus has been shifted to new initiatives. A Target Market Study has been conducted for the City of Virginia Beach identifying as target sectors: Engineering and Management, Business Services, Marine Services, Training, Information Technology and Telecommunications. The Department is focusing currently on Information Technology and Telecommunications. There are four businesses currently in business in Corporate Landing Park. A City-wide strategic planning marketing approach has been developed to promote the City's own achievements, to provide a clear understanding of the City's development alternatives in the context of the City's long range direction. This is for all projects. Individual projects are promoted with all the overall development occurring in the City, all the successful projects. The Department is working with Barker, Campbell & Farley with Doug Simon giving individual attention to this Strategic Marketing Approach. Outlook Magazine ranks Virginia Beach fourth among cities our size in its listing of Top 10 Median HousehoM Income Cities and in the Top 30 Growth Cities. Home Office Computing chose Virginia Beach one of the best cities in the nation in which to operate a home-base business. Newsweek chose Mayor Meyera E. Oberndorf as one of the 25 most dynamic Mayors. Mr. Maxwell recognized Vice Mayor Sessoms and Councilman Jones as Liaisons with the Virginia Beach Development Authority who have done an excellent job of keeping them apprised of the direction of City Council. January 13, 1998 Item VI-J. - 24 - RES OL UTION/ORD INANCES ITEM # 43O89 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council APPROVED IN ONE MOTION Resolution 1 and Ordinances 2 a/b/c/We, 3 and 4 of the CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None January 13, 1998 - 25- Item VI-I. 1. RESOL UTION/ORDINANCES ITEM # 43090 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: Resolution to approve issuance of the Virginia Beach Development Authority's Multifamily Rental Housing Revenue Refund Bonds: Lake Associates (Briarwood Apartments) $15, 095, 217. O0 and, to refund the Portsmouth Redevelopement and Housing Authority for bonds issued June 24, 1994 in the amount of $15,917,817.99. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None January 13, 1998 A RESOLUTION APPROVING THE ISSUANCE BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY OF ITS MULTIFAMII.Y RENTAL HOUSING REVENUE REFUNDING BONDS (BRIARWOOD APARTMENTS PROJECT) (THE "BONDS") IN A PRINCIPAL AMOUNT NOT TO EXCEED $15,095,217 TO REFINANCE A PORTION OF THE COST OF A 600-UNIT MULTIFAMILY RENTAL HOUSING PROJECT KNOWN AS BRIARWOOD APARTMENTS LOCATED AT 5721 HAMPSHIRE LANE, IN THE CITY OF VIRGINIA BEACH, VIRGINIA. WHEREAS, the City of Virginia Beach Development Authority (the "Authority") is authorized to advertise and hold public hearings relative to the issuance of private activity bonds; and WHEREAS, the Authority has considered the request of Lake Associates, a Virginia Limited Partnership (the "Company"), whose address is Suite 1100, 2 Eaton Street, Hampton, Virginia 23669, for the issuance by the Authority of its Multifamily Rental Housing Revenue Refunding Bonds (Briarwood Apartments Project) Series 1997 (the "Bonds") in a prindpal mount not to exceed $15,095,217 to refund the Portsmouth Redevelopment and Housing Authority Refunding Revenue Notes (Lake Associates Project), Series 1994 issued on June 24, 1994, in the original aggregate principal amount of $15,917,817.99 (the "Outstanding Bonds"); and WHEREAS, the Outstanding Bonds provide the financing for a 600-unit multifamily rental housing project known as Briarwood Apartments, formerly Lake Edward Apartments (the "Project") located at 5721 Hampshire Lane in the City of Virginia Beach, Virginia (the "City"); and WHEREAS, Section 147(0 of the Internal Revenue Code (the "Internal Revenue Code"), provides that the applicable elected representatives of the governmental unit issuing private activity bonds and the applicable representatives of the governmental unit having jurisdiction over the area in which any facility financed with the proceeds of private activity bonds is located, shall approve the issuance of such bonds; and WHEREAS, the Authority, as the issuing govermnental unit, has no applicable elected representative and the City is the next highest governmental unit with such a representative; and WHEREAS, the members of the City Council constitute the applicable elected representatives of the City; and WHEREAS, on December 16, 1997, the Authority held a public hearing on the issuance of the Bonds; and WHEREAS, Chapter 514 of the 1983 Acts of the General Assembly of Virginia requires that any governmental entity established by or pursuant to an Act of the General Assembly that proposes to issue bonds that are industrial development bonds within the meaning of Section 103(b) of the Internal Revenue Code shall, with respect to such bonds, comply with the procedures set forth in Virginia Code Sections 15.2-4906 and 15.2-4907 and Virginia Code Section 15.2-4906 requires that, within sixty (60) calendar days after the public hearing the City Council approve or disapprove the financing of any facility recommended by the Authority; and WHEREAS, the Authority has adopted a resolution recommending that the City Council approve the issuance of the Bonds and a copy of the Authofity's resolution, a reasonably detailed summary of the comments, if any, expressed at the public heating and the Fiscal Impact Statement required by Virginia Code Section 15.2-4907 have been filed with the City Council; NOW, THF. REFORE, BE IT RESOLVED by the Council of the City of Xr rginia Beach, Virginia, that: 1. The City Council approves the foregoing recitals which are incorporated in, and deemed a part of, this Resolution as if fully set forth herein. 2. The City Council approves the issuance of the Bonds by the Authority, for the benefit of the Company, to the extent of and as required by Section 147(f) of the Internal Revenue Code, ChapterS14 of the 1983 Acts of the Virginia General Assembly, and Virginia Code Section 15.2-4906 to permit the Authority to assist in the refinancing of the Project. 3. The approval of the issuance of the Bonds as required by Section 147(0 of the Internal Revenue Code, Chapter 514 of the 1983 Acts of the Virginia General Assembly, and V'n'ginia Code Section 15.2-4906 does not constitute an endorsement to the prospective owners of the Bonds of the creditworthiness of the Project or the Company and the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and monies pledged therefor, and that neither the faith and credit nor the taxing power of the City is pledged to the payment of the principal of the Bonds or the interest thereon or other costs incident thereto. This resolution shall take effect mediately upon its adoption. ADOPTED by the Council January ,1998 . of the City of Virginia Beach, Virginia, this 13 day of Clerk, City Council of the City of Virginia Beach 0447085.01 2 VIRGINIA BEACH Development Authority One Columbus Center, Suite 300 Virginia Beach, VA 23462 (757) 499-4567 FAX (757) 499-9894 Robin D. Ray, Chair F. Dudley Fulton, Vice-Chair W. Brantley Basnight III, Secretary David A. King, Jr., Assistant Secretary Kenneth D. Barefoot, Treasurer Stephen W. Burke Thomas J. Lyons, Jr. December 16, 1997 The Honorable Meyera E. Oberndorf, Mayor Members of City Council Municipal Center Virginia Beach, VA 23456 Re: Lake Associates, a Virginia limited partnership Multifamily Rental Housing Revenue Refunding Bonds (Briarwood Apartments Project) Series 1997 We submit the following in connection with a project for Lake Associates, a Virginia limited partnership, located at 5721 Hampshire Lane in Virginia Beach, Virginia, and known as Briarwood Apartments: (1) Evidence of publication of the notice of hearing is attached as Exhibit A, and a summary of the statements made at the public hearing is attached as Exhibit B. The City of Virginia Beach Development Authority's (the "Authority") resolution recommending Council's approval is attached as Exhibit C. (2) The Disclosure Statement is attached as Exhibit D. (3) The statement of the Authority's reasons for its approval as a benefit for the City of Virginia Beach and its recommendation that City Council approve the bonds described above is attached as Exhibit E. The Honorable Meyera E. Obemdorf, Mayor Members of City Council Page 2 December 16, 1997 (4) The Fiscal Impact Statement is attached as Exhibit F. (5) Attached as Exhibit CJ is a summary sheet setting forth the type of issue, and identifying the Project and the principals. (6) Attached as Exhibit H is a letter from the appropriate City department commenting on the Project. Very., IJctty/y~o~i ~ / Chair ~ FDF/GLF/rab Enclosures THE VXR&XNXAN-PILOT EXHIBIT A mILLED ACCOUNT KAUFNAN & CANOLES SUZTE 2000 ONE COMMERCIAL PLACE NORFOLK, VA 23510 · TATENENT NO. I PAGE IZNVOTCE DATE X$SUE EDxTzoN ZNVC NBR DESCRXPTZON SXZE ~ROSS ANT. 12/01/97 FULL 11~37001 LAKE ASSOCXATES 2 X 0035 196,70 12/08/97 FULL 11~8S7002 LAKE AS$OCTATE$ 2 X 0035 196,70 TOTAL 393. ~0 fl~ M ~ ~lM, · ~nM llm~ ~(~ '~M- ~nia 23669, ~ ~ ~a~ ~ ~ ~o~ ~.u~.m $15,~5,217 M ~ Mu~ml~.~l j~), ~u 1994, J~ It 8:30 La. ~ ~ 16, 1997, ~ ~ ~ Vi~ni, ~ t~ ~ A~ ~e ~l~ ~ ~ ~ ~ ~ State of VJrg/rda City of Norfolk AFFIDAVIT Thin day D. Johnnon personally appeared before ma and after being duly nworn nada oath that: (1) (He) (She) in affidavit clerk of The Virginian-Pilot a newspaper publinhed by Landmark Communicationn Inc., in the cities of Norfolk, Portnmouth, Cheaapeake, Suffolk, and Virginia Beach, State of Virginiaj (2) That the advertisement hereto annexed at LAKE ASSOCIATES has been publinhed in said newspaper during the following dates: 12/01/97 - 12/08/97 Subscribed and sworn to before me in my city and state aforesaid thin ~4TH day of DECENBER 1997 My commission expires AUGUST 31, 1999 ~L,%~ Nota~'y Public EXHIBIT B CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING (Briarwood Apartments Project) December 16, 1997 The Chairman of the City of Virginia Beach Development Authority (the "Authority") announced the commencement of a public hearing on the request of Lake Associates, a Virginia Limited Partnership (the "Borrower"), and that a notice of the hearing was published once a week for two consecutive weeks in a newspaper having general circulation in the City of Virginia Beach, Virginia, the second publication being not less than six (6) nor more than twenty-one (21) days prior to the hearing. The Chairman indicated that a copy of the notice and a certificate of publication of such notice have been filed with the records of the Authority and will be filed with the City Council of the City of Virginia Beach. The following individuals appeared and addressed the Authority: Mr. Barry W. Hunter appeared on behalf of the Borrower. Mr. Hunter stated that the Borrower was requesting the Authority to approve the issuance of refunding bonds in an amount not to exceed $15,095,217 for the purpose of refinancing a 600-unit multifamily rental housing project known as Briarwood Apartments, formerly Lake Edward Apartments, located at 5721 Hampshire Lane in the City of Virginia Beach, Virginia. Mr. Hunter said this was the same project which the Authority considered at its November 18, 1997, meeting but the amount of available financing had increased requiring a new public hearing. He indicated that the project was originally acquired with proceeds from bonds issued by the Portsmouth Redevelopment and Housing Authority in 1983 and refunded in 1994 pursuant to a Chapter 1,1 Plan of Reorganization confirmed by the United States Bankruptcy Court for the Eastern District of Virginia. He indicated that this refunding would afford the Authority the opportunity to finance a residential rental project in its jurisdiction currently being financed by the Portsmouth Redevelopment and Housing Authority. The original benefits of the project - the provision of affordable sanitary and safe housing for low to moderate income families within the City of Virginia Beach has been served and will continue to be served by the refinancing. In fact, the issuance of the refunding bonds would result in the extension of the time period during which the Borrower would have to comply with the set aside requirements under the tax laws and the property restrictions originally recorded against the property. No other persons appeared to address the Authority and the Chairman closed the public hearing. The Authority then adopted a resolution recommending that the City Council approve the issuance of the Bonds, directing the transmission to the City Council of a Fiscal Impact Statement and recommending that this matter be considered at the Council's next regular or special meeting at which this matter can be properly placed on the Council's agenda for hearing. 044'/152.01 EXHIBIT C RESOLUTION OF CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY WHEREAS, the Portsmouth Redevelopment and Housing Authority (the "PRHA") issued on December29, 1983, its Revenue Notes (Lake Associates Project), Series 1983 in the aggr~e principal amount of $18,266,248 (the "Original Bonds") to finance for Lake Associates, a V'trginia Limited Partnership (the "Company"), the acquisition of a residential rental project containing 600 units and currently known as the Briarwood Apartments (the "Project") located at 5721 Hampshire Lane in V'trginia Beach, Virginia; and WHEREAS, the Company was the Debtor in Bank~ptcy Case Number91-41967-B (Chapter 11) in the United States Bankruptcy Court for the Eastern District of Vkginia (the "Courf'); and WHEREAS, on December7, 1993, the Court confirmed the Chapter 11 Plan of Reorganization of Lake Associates (the "Plan") which, among other matters, restructured the obligations of the Company under the Original Bonds; and WHEREAS, in accordance with the Plan, and pursuant to a resolution adopted by PRHA on April 26, 1994, the PRHA issued its Refunding Revenue Notes (Lake Associates Project) Series 1994 in the aggregate principal amount of $15,917,817.99 (the "Outstanding Bonds") to refund the Original Bonds; and WHEREAS, the Company has requested the Authority to issue its Multifamily Rental Housing Revenue Refunding Bonds (Briarwood Apartments Project) Series 1997 (the "1997 Refunding Bonds") in an amount up to $15,095,217 to refund the Outstanding Bonds; and WHEREAS, a public hearing has been held by the Authority as required by the Internal Revenue Code, Section 15.2-4906 of the Code of Vkginia of 1950, as amended, and Chapter 514 of the 1983 Acts ofthe General Assembly of Virginia; NOW, THEREFORE, BE IT RESOLVED BY THE. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1. That the Authority hereby recommends the Council of the City of Vh'ginia Beach (the "Council") approve the issuance of the 1997 Refunding Bonds at the Council's next regular or special meeting at which this matter can be properly placed on the Council's agenda. The Authority hereby directs the Chairman of the Authority to transmit the fiscal impact statement, a reasonably detailed summary of the comments made at the public hearing, and a copy of this resolution to the Council. 2. The recommendation given herein does not constitute any representation or warranty as to the creditworthiness of the Project or the Company and the 1997 Refunding Bonds shall provide that neither the Authority nor any other political subdivision of the Commonwealth of Vh'ginia shall be obligated to pay the 1997 Refunding Bonds or the interest thereon or other costs inddent thereto except from the revenues and monies pledged therefor and derived from theProject or the Company and neither the faith or credit nor the taxing power of the Commonwealth of V'n'ginia or any political subdivision thereof shall be pledged to the payment of the 1997 Refun~ Bonds. o This resolution shall take effect immediately upon its adoption. ADOPTED this 16th day of December, 1997 0447137.01 Secretary, City of V~rginia Beac~ Der p Authority -- EXHIBIT D DISCLOSURE STATEMENT Applicant's Name(s): Lake Associates, a V'trs/nia Limited Partnership All Owners (if different from applicant): N/A Date: November t o, 1997 Type of Application: Rezoning From Conditional Use Permit: Street Closure: Subdivision Variance: Other: Refunding Bonds To The following is to be completed by or for the Applicant: 1. If the applicant is a CORPORATION, list all of the officers of the: Corporation: If'the applicant is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners in the organization: Lake Assodates, a V'lrsinia Limited Partnership, is a syndicated partnership in which Baker Shell Associates, L.P., as the general partner, owns 8.9981% and the balance is owned by approximately 98 limited partners. Baker Shell Associates, L.P. is owned 76.7~% by OAMC0 Equities Company, L.P., as general partner, and 1~.25% by Edwin A. Joseph, as tirnited partner. OAMCO Equities Company, L.P. is owned 79*,4 by Edwin A. Joseph, as ~eneral psrmor, 1% by Oreat Atlantic Management Company, ~ ,~ s ,.am'~ pruner, and :10% by Ch. rl.s Stoneham. ~, limited pamu~, The following is to be completed by or for the Owner (~fd~sr~ntfrom ths applicant): If the applicant is a CORPORATION, list all of the officers of the Corporation: If the applicant is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners in the organization: 0447222.01 LAKE ASSOCIATES, a Virl~nia Limited Partnership By: Baker Shell Associates, L.P., a Virginia limited partnership, general partner By: GAMCO Equities Company, L.P., a Virginia limited partnership, general partner By: Great Atlantic Management Company, Inc., a V'n'gim~/0~~eneral partner By.~ Project: '~'~'. i~'~i.i' .~ BriarwOl.il.i ......~i~.~ ....- ~L~..~:.~_~'~ .'Edward" Apartment s Location.-':"':~: 5721 Ha~h~.,~e Lane VIRGINIA BF * CH Development Authority One Columbus Center, Suite 300 Virginia Beach, VA 23462 (804) 499-4567 FAX (804) 499-9894 Kenneth F. Palmer, Chairman Robin D. Ray, Vice-Chairman F. Dudley Fulton, Treasurer W. Brantley Basnight III, Secretary Kenneth D. Barefoot David A. King, Jr. Thomas J. Lyons, Jr. EXHIBIT E CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY MULTIFAMILY RENTAL HOUSING REVENUE REFUNDING BONDS (BRIARWOOD APARTMENTS PROJECT), SERIES 1997 The Authority recommends approval of the captioned transaction. At the invitation of the Council of the City of Virginia Beach evidenced in Resolution R-83-997 adopted on November 21, 1983, after holding a public hearing thereon, the Portsmouth Redevelopment and Housing Authority (the "PRHA") issued its Revenue Notes (Lake Associates Project), Series 1983 (the "Original Bonds") to finance a portion of the cost of the acquisition by Lake Associates, a Virginia Limited Partnership, of the apartment complex known as Briarwood apartments, formerly Lake Edward Apartments (the "Project"). The Original Bonds were refunded by PRHA's issuance of its Refunding Revenue Notes (Lake Associates Project), Series 1994 (the "Outstanding Bonds"). The original benefits of this Project (i.e. the provision of affordable sanitary and safe housing for low to moderate income families within the City of Virginia Beach), as well as the opportunity to be substituted for the PRHA as the issuing authority with respect to bonds that finance a residential and rental project within the jurisdiction of the Authority, is the basis for recommendation. The issuance of the 1997 Refunding Bonds to refund the Outstanding Bonds will preserve and extend the duration of the property restrictions, thereby assuring the City of Virginia Beach that the benefits of the income restrictions applicable to these apartments will continue. EXHIBIT F FISCAL IMPACT STATEMENT FOR LAKE ASSOCIATES, A VIRGINIA LIMITED PARTNERSHIP, PROJECT DATE: DECEMBER 16, 1997 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: BRIARWOOD APARTMENTS TYPE OF FACILITY: MULTIFAMILY RENTAL HOUSING 1. Maximum amount of financing sought 2. Estimated taxable value of the facility's real property located in the municipality 3. Estimated real property tax per year using present tax rates 4. Estimate personal property tax per year using present tax rates 5. Estimated merchants' capital (business license) tax per year using present tax rates 6. Estimated dollar value per year of goods and services purchased locally 7. Estimated number of regular employees on year round basis 8. Average annual salary per employee $ 15,095,217 $14,320,871.00 $ 174,714.62 $ 480.00 N/A $1,200,000.00 19 $ 16,504.00 The information contained in this Statement is based solely on facts and estimates provided by Lake Associates, a Virginia Limited Partnership, and the Authority has made no independent investigation with respect thereto. CITY OF VIRG~r~?BEACH / 0447160.01 EXHIRIT G SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY MULTIFAMILY RENTAL HOUSING REVENUE REFUNDING BONDS 2. 3. 4. 5. PROJECT NAME: LOCATION: DESCRIPTION OF PROJECT: AMOUNT OF BOND ISSUE: PRINCIPALS: ZONING CLASSIFICATION: a. Present zoning classification of the Property Is rezoning proposed? If so, to what zoning classification? bo Briarwood Apartments 5721 Hampshire Lane Multifamily residential rental project $15,095,217 Lake Associates, a Virginia Limited Partnership, is a syndicated partnership in which Baker Shell Associates, L.P., as the general partner, owns 8.9981% and the balance is owned by approximately 98 limited partners. Baker Shell Associates, L.P. is owned 76.75% by GAMCO Equities Company, L.P., as general partner, and 23.25% by Edwin A. Joseph, as limited partner. GAMCO Equities Company, L.P. is owned 79% by Edwin A. Joseph, as general partner, 1% by Great Atlantic Mmu~ement Company, Inc., as a general partner, and 20% by Charles Stoneham, as limited partner. A-18 No N/A 0447162.01 EXHIBIT H City of Virginia Beach INTER-OFFICE CORRESPONDENCE DATE: November 14, 1997 TO: FROM: F. Dudley Fulton, Chairman City of Virginia Beach Development Authority Andrew U. Friedma .n~~)~ Department of Hous~nl~J~rfcl ~Neighborhood Preservation SUBJECT: City of Virginia Beach Development Authority Multifamily Rental Housing Revenue Refunding Bonds (Briarwood Apartments Project), Series 1997 The ref'erenced project, Briarw~c~d Apartr~n{Sl f°'~:nerl¥ l'ake Edward ~'~'~riments, located at 5721 Hampshire Lane, Virginia Beach,Virginia, must as a requirement of the original financing, rent at least twenty percent (20%) of its units to individuals of Iow and moderate income, meeting certain requirements, To the extent the project is being managed in accordance with these requirements, it is fulfilling the original purpose of providing this funding. In addition, since the issuance of the referenced refunding bonds will extend the effective period of the applicable requirements and property restrictions, it will provide additional benefits. The refunding also provides an opportunity to substitute the City of Virginia Beach Development Authority for the Portsmouth Redevelopment and Housing Authority as the issuer financing this project. This will involve the City of Virginia Beach Development Authority in monitoring compliance with the property restrictions, thereby insuring that the City and its inhabitants benefit from the tax-exempt financing. Therefore, I recommend approval of the refunding bonds. AMF/la c: Robin Brandenburg City Attorney's Office F;~lnbllket\,fr~d ma~leka, id Item VI-J. 1. - 26- RESOL UTION/ORDINANCE ITEM # 471091 Upon motion by Council Lady McClanan, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance to AMEND and REORDAIN Ordinance No. 97-2464F by associating the name, ROSE HALL, with Election Residence District 3. Voting: 10-1 Council Members Voting Aye: John A. Baum, Linwood O. Branch, IIL HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: William W. Harrison, Jr. Council Members Absent: None January 13, 1998 AN ORDINANCE TO AMEND AND REORDAIN ORDINANCE NO. 97-2464F BY ASSOCIATING A NAME WITH RESIDENCE DISTRICT 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WHEREAS, on December 16, 1997, City Council adopted "An Ordinance to Amend and Reordain Ordinance No. 96-2370B by Associating Names With Each of the Seven Numbered Residence Districts" (Ordinance No. 97-2464F); WHEREAS, in this ordinance, City Council associated names with six of the seven numbered residence districts, leaving District 3 unnamed; and WHEREAS, City Council has now decided upon a name to be associated with District 3 that reflects the history and heritage of the area encompassed by the district. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Ordinance No. 97-2464F, adopted by City Council on December 16, 1997, is hereby amended and reordained to provide that ~District 3 shall also be known as Rose Hall." Adopted by the Council of the City of Virginia Beach, Virginia, on the 13 day of CA-6888 ORDIN~NONCODE~DISTRIC4 . ORD R-3 ol/14/98 January , 1998. Item VI-J. 2. -27- ORDINANCES/RES OL UTIONS ITEM # 43092 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: Ordinances to AMEND certain sections of the Virginia Beach City Code: Sections 2-432, 16-3, 16-3.1, 16-7, 16-8, 16-32, 16-33, 16-35 and 21-378(6), DELETING references to volumes of the Virginia Uniform Statewide Building Code and revising the title of the Housing Code Administrator to Code Enforcement Administrator. Section 16-37 re references to Code of Virginia Section 15.2 re buildings and other structures harboring illegal drug activity. Section 16-38, ADDING a section re removal or repair of defacement on structures. Section 21-377 re the open storage of inoperable vehicles, ADDING screening, notice and appeals provisions. Sections 23-46.1, 23-48, 23-50 and 23-50.1, revising the title of the Housing Code Administrator to Code Enforcement Administrator. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None January 13, 1998 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 AN ORDINANCE TO AMEND THE CITY CODE BY DELETING REFERENCES TO VOLUMES OF THE VIRGINIA UNIFORM STATEWIDE BUILDING CODE AND REVISING THE TITLE OF THE HOUSING CODE ADMINISTRATOR SECTIONS AMENDED: SECTIONS 2-432, 16-3, 16-3.1, 16-7, 16-8, 16-32, 16- 33,16-35, and 21-378(6) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 2-432, 16-3, 16-3.1, 16-7, 16-8, 16-32, 16-33, 16-35, and 21-378 of the Code of the City of Virginia Beach, Virginia, are hereby amended and reordained to read as follows: Sec. 2-432. Composition. The department of housing and neighborhood preservation shall consist of the director of housing and neighborhood preservation and such other employees as may be provided by the Charter or by ordinance or by direction of the city manager consistent therewith. In addition thereto, the department shall, by the ~ .... ~ .... ~- -~-~ ....... code enforcement administrator, perform all of the functions and have all of the powers of the code official as set forth in Vo!umc T'~:c cf the Virginia Uniform Statewide Building Code for existin~ structures. Police powers are hereby conferred upon the ~ .... ~-- code enforcement administrator and his or her designated employees while engaged in the performance of their duties. Sec. ~6-3. Purpose of chapter. The purpose of this chapter is to provide minimum standards and requirements for the maintenance of housing and other structures in the city, in accordance with the provisions of vclumc II cf the Virginia Uniform Statewide Building Code for existing structures, and in the event any law or other ordinance of the city requires higher standards or more stringent requirements than are required by this chapter, the provisions of such law or other 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 6O 61 62 ordinance shall prevail, except to the extent that such law or other ordinance shall conflict with such code or any provision thereof. Sec. 16-3.1. Adoption of state building code. Volumc II cf thc The Virginia Uniform Statewide Building Code for existing structures, including all future amendments thereto and editions thereof, and all model codes and standards or portions thereof which are, or may hereafter be, referenced, adopted, or incorporated therein, is hereby adopted and incorporated by reference into this chapter, as if fully set forth herein. Sec. 16-7. Police powers for. enforcement of chapter. The director of housing and neighborhood preservation, the ~ .... ~-~ code enforcement administrator and all inspectors of the department of housing and neighborhood preservation are hereby invested with such police powers as are necessary for the enforcement of this chapter. Sec. 16-8. Obstructing or interfering with enforcement of chapter. No person shall obstruct or interfere with the director of housing and neighborhood preservation, the ~ .... ~-- ........ ~ code enforcement administrator or any inspector of the department of housing and neighborhood preservation in the enforcement of this chapter or in any matter relating thereto. ARTICLE II. LEAD-BASED PAINT Sec. 16-32. Use prohibited; removal. (a) It shall be unlawful for any person to use or apply, or to cause to be used or applied, any lead-based paint or substance to an interior surface, or to an exterior surface accessible to 2 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 90 91 children, of any dwelling, dwelling unit or other building or facility occupied or used by children. (b) Existing interior and exterior surfaces in dwellings and dwelling units or other buildings or facilities which are used or occupied by children and which contain lead-based paint or other substances shall be removed or covered with a covering approved by the ~ .... ~-- code enforcement administrator Sec. 16-33. Reports of lead poisoning. Every public health official, physician or director of a laboratory, hospital or other treatment facility who diagnoses or reasonably suspects the existence of lead poisoning in any person shall, within twenty-four (24) hours, so notify the ~~ ~ .... ~-- code enforcement administrator. Such notification shall include the name and address of the individual affected and, if such individual is a minor, the name and address of the parents. ARTICLE III. UNSAFE STRUCTURES Sec. 16-35. Regulated. (a) This section is adopted pursuant to the powers vested in the City of Virginia Beach by section 15.1 11.2 15.2-906 of the Code of Virginia, as amended. (b) Upon determination by the code enforcement administrator that any building, wall or any other structure, or portion thereof, might endanger the public health or safety of other residents of such building, wall or structure shall be declared the city, unsafe. (c) (i) Except as set forth in '~-~.~..~ .... ~ ~-~ the Virginia Uniform Statewide structures, notice Buildin~ Code for existing that a building, wall or structure has been declared unsafe shall be sent by 3 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 registered or certified mail, return receipt requested, to the last-known address of the owner and published in a newspaper having general circulation in the city, once a week for two (2) successive weeks; provided, however, that the second publication shall not be sooner than one (1) calendar week after the first publication. In addition thereto, notice shall be mailed to all holders of current mortgages or deeds of trust upon the property as shown by the records of the clerk of the circuit court. (2) Such notice shall state with reasonable particularity the defects or other conditions of the building, wall or structure which render it unsafe and shall specify the period of time within which repairs or corrections shall be made or the building, wall or structure, or a portion or portions thereof, demolished and removed. Such period of time shall not be less than is reasonably required by the exercise of due diligence for the required repairs or corrections to be made, or for the building, wall or structure, or portion or portions thereof, to be demolished and removed. (d) In the event the owner of a building, wall or structure who has been served with the notice provided for in subsection (c) hereof shall fail to comply with the terms of such notice within the time specified therein, the code enforcement administrator, through his or her own agents or employees, shall be authorized to order the building, wall or structure, or portion thereof, to be 4 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 repaired, or to be demolished and the debris removed, at the cost of the owner. Such cost shall include an administrative fee in the amount of one hundred dollars ($100.00). For the purposes of this section, repair may include maintenance work to the exterior of a building to prevent deterioration of the building or adjacent buildings. No building, wall or structure, or portion thereof, shall be repaired or demolished by order of the code enforcement administrator for at least thirty (30) days following the later of the return of the receipt or newspaper publication as provided for in subsection (c) hereof. (e) Any person who shall fail to comply with a notice provided for in subsection (c) hereof shall be guilty of a misdemeanor punishable in accordance with the provisions of section 16-11 hereof. Any violation of the provisions of this section may also be enjoined by the circuit court at the suit of the code administrator. (f) All costs and expenses incurred by the city for repairing or demolishing a building, wall or structure pursuant to the provisions of this section shall be chargeable to and paid by the owner of property and may be collected as real estate taxes and levies are collected. Any such charges which remain unpaid shall constitute a lien against such property ranking on a parity with liens for unpaid local taxes and enforceable in the same manner as provided in sections 58.1-3940 et seq., and 58.1-3965 et seq. of the Code of Virginia, 1950, as amended. (g) For purposes of this section, the term "code enforcement administrator shall the code --~ ......... ~-~-~ ....... official of the department of housing and neighborhood preservation and his or her respective assistants and deputies. 150 151 152 153 154 155 156 157 158 159 Sec. 21-378. Removal, storage and sale of certain unattended vehicles--Generally. (a) Any law enforcement officer may have removed for safekeeping any motor vehicle, trailer, semitrailer or part or combination thereof if: (6) It is designated for removal by the ~ .... ~-- code enforcement administrator as provided by section 21- 377 (e) . 160 161 Adopted by the City Council of the City of Virginia Beach on this 13th day of January, 1998. 162 163 164 165 CA-6880 DATA/ORDIN/PROPOSED/02-432ET.ord JANUARY 6,1998 R3 APPROVED AS TO CONTENT Department of Housing and Neighborhood Preservation APPROVED AS TO LEGAL SUFFICIENCY Department of Law 1 2 3 4 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO REFERENCES TO CODE OF VIRGINIA SECTION 15.2 SECTION AMENDED: SECTION 16-37 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 16-37 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Sec. 16-37. Buildings and other structures harboring illegal drug activity regulated. (a) This section is adopted pursuant to the powers vested in the city by section 15.1 11.2:1 15.2-907 of the Code of Virginia, as amended. (b) The city may undertake corrective action with respect to property which has been determined to be the situs of drug blight in accordance with the procedures described herein: (1) The chief of police or his designee shall execute and (2) forward to the director of housing and neighborhood preservation an affidavit, citing this section and section~"=.I~"~.~.~-"~ 15.2-907 of the Code of Virginia, as amended, to the effect that (i) drug blight exists on the property and in the manner described therein; (ii) the city has used diligence without effect to abate the drug blight; and (iii) the drug blight constitutes a present threat to the public's health, safety or welfare. The director of housing and neighborhood preservation or his designee shall then send a notice to the owner of the property, to be sent by regular mail to the last address listed for the owner on the city's assessment records for the property, together with a copy of such affidavit, advising that (i) the owner has up to thirty (30) days from the date thereof to undertake corrective action to 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 abate the drug blight described in such affidavit and (ii) the city will, if requested to do so, assist the owner in determining and coordinating the appropriate corrective action to abate the drug blight described in such affidavit. (3) If appropriate corrective action is not undertaken during such thirty-day period, the director of housing and neighborhood preservation or his designee shall send by regular mail an additional notice to the owner of the property, at the address stated in the preceding subdivision, stating the date on which the city may commence corrective action to abate the drug blight on the property, which date shall be no earlier than fifteen (15) days after the date of mailing of the notice. Such additional notice shall require that the property, if occupied, be vacated and secured as a hazard to the public health and safety, and also reasonably describe any other corrective action contemplated to be taken by the city. Upon receipt of such notice, the owner shall have a right, upon reasonable notice to the city, to seek equitable relief, and the city shall initiate no corrective action while a proper petition for relief is pending before a court of competent jurisdiction. (c) If the owner of such property refuses or fails to take timely corrective action pursuant to this section, and the city undertakes corrective action with respect to the property after complying with the provisions of subsection (b), the costs and expenses thereof shall be chargeable to and paid by the owner of 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 such property and may be collected by the city as taxes and levies are collected. (d) Every charge authorized by this section with which the owner of any such property has been assessed and which remains unpaid shall constitute a lien against such property with the same priority as liens for unpaid local taxes and enforceable in the same manner as provided in articles 3 (§ 58.1-3940 et seq.) and 4 (§ 58.1-3965 et seq.) of chapter 39 of title 58.1, Code of Virginia, as amended. (e) If the owner of such property takes timely corrective action pursuant to this section, the city shall deem the drug blight abated, shall close the proceeding without any charge or cost to the owner, and the director of housing and neighborhood preservation or his designee shall promptly provide written notice to the owner that the proceeding has been terminated satisfactorily. The closing of a proceeding shall not bar the city from initiating a subsequent proceeding if the drug blight recurs. (f) Nothing in this section shall be construed to abridge or waive any rights or remedies of an owner of property at law or in equity. Adopted by the City Council of the City of Virginia Beach on this 13th day of January, 1998. CA-6881 DATA/ORDIN/PROPOSED/16-O37.0RD DECEMBER 24, 1997 Ri APPROVED AS TO CONTENT Department of Housing and Neighborhood Preservation APPROVED AS TO LEGAL SUFFICIENCY Department of Law 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 AN ORDINANCE TO AMEND THE CITY CODE BY ADDING A SECTION PERTAINING TO THE REMOVAL OR REPAIR OF DEFACEMENT ON STRUCTURES SECTION ADDED: SECTION 16-38 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Code of the City of Virginia Beach, Virginia, is hereby amended by adding Section 16-38 to read as follows: ARTICLE IV. DEFACEMENT OF STRUCTURES Sec. 16-38 (a) The City Manaqer or his designee may require the owner of any building, wall, fence or other structure which has been defaced to remove or repair the visible from any public defacement, where such defacement is riqht-of-way in accordance with the procedures described herein: (1) The City Manager or his designee shall send a notice to the owner of the property by regular mail to the last address listed for the owner on the City's assessment records for the property advising that the owner has seven (7)days from the date of the notice to remove or repair the defacement. (2) If the owner fails to remove or repair the defacement within the time prescribed in the notice, the City Manager or his designee may have such defacement removed or repaired by his agents or employees at the expense of the City. Adopted by the City Council of the City of Virginia Beach on this 13th day of January, 1998. CA-6730 DATA/ORDIN/PROPOSED/16-38.0RD DECEMBER 9, 1997 R3 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Department of Housing & Neighborhood Preservation Department of Law 1 2 3 4 5 6 7 8 AN ORDINANCE TO AMEND THE CITY CODE, PERTAINING TO THE OPEN STORAGE OF INOPERABLE VEHICLES BY ADDING SCREENING, NOTICE AND APPEALS PROVISIONS SECTION AMENDED: 21-377 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 21-377 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Sec. 21-377. Open storage of ~..v~,~ ~ ....... ~..A.~ inoperable vehicles on residential, commercial or agricultural property. (a) It shall be unlawful whether as owner, tenant, occupant, lessee or otherwise, for any person, firm or corporation to keep, except within a fully enclosed building or structure or otherwise shielded or screened from residential, commercial which is ~ ....... ~ .... "shielded or screened view, on any property zoned for or agricultural purposes, any vehicle, inoperable. For purposes of this section from view" means completely precludinq visibility of the subject vehicle by placing the vehicle within an area completely enclosed either by (1) a solid, rigid, opaque fence composed of standard fencing materials or (2) a landscape arrangement of non-deciduous trees or shrubs, sufficient in height, spacing, density and circumference. The placing, drapinq or securinq of a tarpaulin or other non-rigid cover, over and around an inoperable vehicle, shall not be sufficient to comply with the requirements of this section. (b) As used in this section, an "~..~~-~.~ inoperable vehicle," shall mean any motor vehicle, trailer or semitrailer, as defined in Code of Virginia, section 46.2-100: (1) Which is not in operating condition; or 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 (2) Which for a period of sixty (60) days or longer has been partially or totally disassembled by the removal of tires and wheels, the engine or other essential parts required for operation of the vehicle; or (3) On which there are displayed neither valid license plates nor a valid inspection decal. (c) Any person violating any provision of this section shall be given a notice that the keeping of such incpcrativc inoperable vehicle constitutes a violation which must be abated within seven (7) days from the date of such notice. The notice shall (1) reasonably describe the subject inoperable vehicle; (2) state that any owner of such inoperable vehicle or any owner of property upon which such inoperable vehicle is located may appeal the decision that the vehicle is in violation of this section by a written Notice of Appeal with the Code Enforcement Administrator of the Department of Housinq and Neighborhood Preservation within seven (7) days from the date of the notice:(3)state that failure to comply with the requirements of this section may result in the removal and disposal of the vehicle; and (4) state that such removal and disposal shall be at the expense of the owner of such inoperable vehicle or the owner of the property upon which such vehicle is located. (d) Service of the notice provided for in subsection (c) shall be by first-class mail, personal delivery or posting in a conspicuous place. The owner shall, for purposes of this section, be defined as the owner of the~v~~v~ ~ ....... ~"- inoperable vehicle, or if the owner of the~~v~~ ...... ~-~- inoperable vehicle cannot be ascertained or readily located, the owner of the property. The IIcusin~ Code Enforcement Administrator and inspectors of the 2 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 Department of Housing and Neighborhood Preservation are hereby authorized to deliver or post such notices. (e) Failure of any person to place such inopcrativc inoperable vehicle into a fully enclosed structure~ to screen or shield such vehicle from view as set forth in subsection (a) above, or to remove such vehicle, or render such vehicle operable within the time prescribed in subsection (c) above shall constitute a class · 3 m s emeanor, an ..... a .............................. ~ ...... offcnsc. In addition to any penalties imposed hereunder, thc ...... ~-- Code Enforcement Administrator or his designee may institute legal action to enjoin the continuing violation and may request that the chief of police or his designee remove and dispose of such inopcrativc inoperable vehicle as provided in section 21- 378 (c) -- (h) . Should the cost of removal and disposal exceed the proceeds of sale as outlined in subsection (e) above, the additional cost of any such removal and disposal shall be chargeable to the owner of the ~ ...... ~--- inoperable vehicle or of the property and may be collected by the city as taxes and levies are collected; and every cost authorized by this section with which the owner of the property has been assessed shall constitute a lien against the property from which the incpcrativc inoperable vehicle was removed, the lien to continue until actual payment of such costs has been made to the city. (f) The owner or his agent may, at any time from the date of removal, up to and including the twentieth day of storage, claim such vehicle upon payment of towing, preservation and storage charges. 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 (g) The provisions of this section shall not apply to any business duly licensed to deal in the buying, selling, storing or disassembling of motor vehicles, trailers or semitrailers, or the temporary storage of motor vehicles, trailers or semitrailers awaiting repairs, or any motor vehicle, trailer or semitrailer which is designed or used primarily for agricultural or horticultural purposes and which is kept upon a farm or other property principally used for such purposes. (h) Any owner of an inoperable vehicle or owner of property upon which such vehicle is located aggrieved of a decision made pursuant to this section may appeal such decision as set forth in subsection (c) above. The Code Enforcement Administrator or his designee shall schedule a hearing of such appeal on a date not later than ten (10) business days after the filing of the appeal; provided, however, that such hearinq may, at the discretion of the Code Enforcement Administrator or his designee, be rescheduled for good cause shown. Enforcement proceedings otherwise permitted under this section shall be stayed during the pendency of such appeal. Adopted by the City Council of the City of Virginia Beach on this 13th day of January, 1998. CA-6798 DATA/ORDIN/PROPOSED/21-377.0RD DECEMBER 15, 1997 R2 APPROVED AS TO CONTENT Housing-Code Enforcement Division APPROVED AS TO LEGAL SUFFICIENCY Department of Law 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 AN ORDINANCE TO AMEND THE CITY CODE BY REVISING THE TITLE OF THE HOUSING CODE ADMINISTRATOR SECTIONS AMENDED: SECTIONS 23-46.1, 23-48, 23-50 and 23-50.1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 23-46.1, 23-48, 23-50, and 23-50.1 of the Code of the City of Virginia Beach, Virginia, are hereby amended and reordained to read as follows: Sec. 23-46.1. Nuisance structures. (a) Any building or structure which is vacant and unsecured or open to entry through doors or windows, or which is determined by the housing code administrator to be unsafe, unsanitary or not provided with adequate exit facilities, or to constitute a fire hazard or a hazard to health or safety by reason of inadequate maintenance, dilapidation or abandonment, or to lack required ventilation, illumination, sanitary or heating facilities, shall be declared unfit for occupancy by the~~~ .... ~-- code enforcement administrator. Upon making such determination, the m~~-- code enforcement administrator shall cause to be posted in a conspicuous location up on the premises a placard stating "THIS STRUCTURE IS UNSAFE OR UNFIT FOR OCCUPANCY AND ITS USE OR OCCUPANCY IS PROHIBITED," or words to substantially the same effect. Any such building or structure is hereby declared to constitute a public nuisance. (b) Any person who enters in or upon any building or structure which constitutes a public nuisance and which has been placarded as provided in subsection (a) shall be guilty of a Class 1 misdemeanor; provided, however, that it shall not be unlawful for any person having written authorization from the ~ .... ~-- code enforcement administrator to enter in or upon such building or 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 6O structure, or portion thereof, for the purposes of making required repairs, demolition or inspection. Sec. 23-48. Open storage of rusted, junked, etc., machinery equipment, etc. (a) It shall be unlawful for any person to place or leave, on any property in the city, any dilapidated furniture, appliance, machinery, equipment, building material or other item, which is either in a wholly or partially rusted, wrecked, junked, dismantled or inoperative condition and which is not completely enclosed within a building. Any such item which remains on the property for a period of seven (7) days after notice of violation of this section is given to the owner of such property shall be presumed to be abandoned and subject to being removed from the property by the city or its agents without further notice. In the event any such item is so removed, the cost of removal, including an administrative fee in the amount of one hundred dollars ($100.00), shall be charged to the owner of the property. Any such charge which is not paid within thirty (30) days of the date on which it is billed to the owner shall constitute a lien upon the property and may be collected in any manner provided by law for the collection of taxes. (b) This section shall not apply to any licensed junk dealers or establishments engaged in the repair, rebuilding, reconditioning or salvaging of equipment. (c) A violation of this section shall constitute a class 1 misdemeanor. In addition to any other remedy provided herein, the ..~=~.~~ .... ~-- code enforcement administrator may institute legal action to enjoin the continuing violating of this section. 2 61 62 63 64 (d) The provisions of this section shall not apply to any parcel of land greater than one acre in size which is located in an agricultural zoning district and used principally for agricultural or horticultural purposes. 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 Sec. 23-50. (a) determination pre servat ion, inspector of Accumulations of trash, garbage, etc., or excessive growth of weeds or grass. as provided in subsection the director of housing Except by (e) hereof, upon and neighborhood the housing code enforcement administrator, or any the department of housing and neighborhood preservation, whether temporarily or permanently employed as such, that there exists upon any land or premises within the city, including the area between such land or premises and the curb line, any trash, garbage, refuse, litter or similar substances, except as may be placed thereon for purposes of collection in accordance with chapter 31 of this Code, notice shall be served on the owner of such land or premises or his or her agent, or on the occupant thereof, or both, to cause such trash, garbage, refuse, litter or similar substances to be removed from such land or premises within seven (7) days from the date of such notice. (b) Except as provided in subsections (e) and (f) hereof, upon determination by the director of housing and neighborhood preservation, the..v~..= ~ .... ~ code enforcement administrator, or any inspector of the department of housing and neighborhood preservation, whether temporarily or permanently employed as such, that there exists on any land or premises within the city, including the area between such land or premises and the curb line, any grass, weeds, brush or similar vegetation in excess of ten (10) inches in height, notice shall be served on the owner of such land 3 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 or premises or his or her agent, or on the occupant thereof, or both, to cause such grass, weeds, brush or similar vegetation to be cut and removed from such land or premises within seven (7) days from the date of such notice. (c) Service of the notice provided for in subsections (a) and (b) shall be by first-class mail, personal delivery or posting in a conspicuous place upon the land or premises; provided, however, that if the land or premises are unoccupied and the owner or his o__r her agent cannot be fund by the exercise of due diligence or are unknown, such notice shall be sufficient against the owner if given by first-class mail to the owner's last known mailing address and posted in a conspicuous place upon the land or premises. The housing code enforcement administrator and inspectors of the department of housing and neighborhood preservation are hereby authorized to deliver or post such notices. (d) Failure to comply with the terms of a notice issued and served as provided in this section within the time prescribed in such notice shall constitute a Class 2 misdemeanor, --= -~-~ ~-- offcnsc. In addition to any penalties imposed hereunder, the city may institute legal action to enjoin the continuing violation of this section and may remove or contract for the removal of such trash, garbage, refuse, litter or similar substances or grass, weeds, brush or similar vegetation, in which event the cost and expenses thereof, including an administrative fee in the amount of one hundred dollars ($100.00), shall be chargeable to and paid by the owner or occupant of the land or premises. Any such charge which is not paid within thirty (30) days of the date on which it is billed to the owner of such land or premises shall constitute a 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 lien upon the property and may be collected in any manner provided by law for the collection of taxes; provided, however, that no such lien shall be valid against any owner of land or premises who was not served with the notice prescribed in subsection (a) or (b) hereinabove, as the case may be. (e) The provisions of this section shall not apply to any parcel of land greater than one (1) acre in size which is (1) located in an agricultural zoning district or enrolled in the land use assessment program and (2) used principally for agricultural, silvicultural or horticultural purposes. (f) The provisions of subsection (b) shall not apply to the following areas: (1) Portions of undeveloped lots, parcels or tracts of land which are not located within one hundred fifty (150) feet of a paved road; (2) Portions of undeveloped lots, parcels or tracts of land which are not located within one hundred fifty (150) feet of any other property, developed or undeveloped, located in a Residential, Apartment, Business, Office, Resort Tourist or Industrial Zoning District; (3) Portions of undeveloped lots, parcels or tracts of land which are inaccessible to power mowing equipment; (4) Areas required by the Chesapeake Bay Preservation Area Ordinance [appendix F] or the Southern Watersheds Management Ordinance [appendix G] to be vegetated; (5) Vegetated wetlands, as defined in the Wetlands Zoning ordinance [appendix A, article 14]; (6) Nontidal wetlands located within Resource Protection Areas; 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 (7) (8) (9) Coastal primary sand dunes; State-designated Wildlife Habitat Areas; Banks of detention ponds, streams, and other bodies of water, natural or manmade; (10) Banks of drainage easements; (11) Wooded areas, including understory vegetation; and (12) Any other area required to be vegetated by reason of the application of the City Zoning Ordinance [appendix A], Subdivision Ordinance [appendix B], Site Plan Ordinance [appendix C], Stormwater Management Ordinance [appendix D], Chesapeake Bay Preservation Area Ordinance [appendix F], Southern Watersheds Management Ordinance [appendix G], or any other ordinance or provision of law. (g) As used in this section, the term "developed" shall refer to any lot, parcel or tract of land upon any portion of which there has been placed any building, structure or other improvement or upon any portion of which there has been any land-disturbing activity, including, without limitation, paving, filling, grading, dredging, clearing or excavating. 167 168 169 170 171 172 173 174 175 176 Sec. 23-50.1. Ren%oval of certain trees. (a) Upon determination by the ~~-- code enforcement administrator or the city arborist, or the officers or employees of their respective departments, that there exists upon any land or premises within the city any tree which, by reason of disease, death, injury, infirmity or other condition, presents a danger to property or to the health and safety of persons or other trees or vegetation, notice shall be served upon the owner of such land or premises or his or her agent or upon the occupant thereof to cause such tree to be removed within a reasonable period of time, not 6 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 less than seven (7) days nor more than thirty (30) days, specified in such notice. If the danger presented by such tree may be eliminated by the removal of a portion of such tree, the notice shall specify the portion or portions of the tree to be so removed. For purposes of this section, the term "tree" shall be construed to include the plural of the term. (b) Service of the notice provided for herein shall be by personal service or by certified or registered mail. In the event the land or premises are vacant and the owner thereof or his or her agent cannot be found by the exercise of due diligence, such notice shall be given by certified or registered mail to the last-known residence or post office box address of the owner and, in addition thereto, shall be posted in a conspicuous place upon the premises. Service of such notice upon one owner or occupant in any manner provided for herein shall be sufficient in the event such land or premises is owned or occupied jointly. (c) Failure to comply with the terms of a notice issued and served as provided in this section within the time prescribed by such notice shall be punishable as a Class 4 misdemeanor, and cack ......... ~ .... In addition to any fine imposed hereunder, the kcusing code enforcement administrator may, in the name of the city, institute legal action to enjoin the continuing violation of this section and may remove or contract for the removal of any such tree or portion thereof, in which event the cost of such removal, including an administrative fee in the amount of one hundred dollars ($100.00), shall be charged to the person or persons named in the notice and collected by action at law or as delinquent real 205 206 207 208 209 210 estate taxes are collected, or both. The remedies provided for herein shall be cumulative in nature. (d) The provisions of this section shall not amply to any parcel of land greater than one acre in size which is located in an agricultural zoning district and used principally for agricultural or horticultural purposes. 211 212 213 214 215 216 Adopted by the City Council of the City of Virginia Beach on this 13th day of January, 1998. CA-6882 DATA/ORDIN/PROPOSED/23-046et.ORD JANUARY 6, 1998 R4 APPROVED AS TO CONTENT Department of Housing and Neighborhood Preservation APPROVED AS TO LEGAL SUFFICIENCY Department of Law - 28 - Item VI-J. 3. RESOLUTION/ORDINANCE ITEM # 43093 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a $65,434 Grant from the Commonwealth of Virginia Department of Criminal Justice Services to the Police Department's FY 1997-1998 Operating Budget for enhanced services related to domestic violence; and, estimated revenue from the Commonwealth of Virginia be increased accordingly. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa 3/1. Strayhorn Council Members Voting Nay: None Council Members Absent: None January l& 1998 1 2 3 4 5 6 AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT IN THE AMOUNT OF $65,434 FROM THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF CRIMINAL JUSTICE SERVICES, TO THE POLICE DEPARTMENT'S FY 1997- 98 OPERATING BUDGET FOR ENHANCED SERVICES RELATED TO DOMESTIC VIOLENCE 7 8 9 10 11 WHEREAS, the Virginia Beach Police Department has been awarded a grant in the amount of $65,434 from the Commonwealth of Virginia, Department of Criminal Justice Services, to provide enhanced services related to the Department's domestic violence unit; 12 13 14 15 16 17 18 19 20 21 WHEREAS, through use of this grant, the Police Department will fund, for twelve months, the entire salary of one police officer and a portion of the salary of another police officer, and will purchase office equipment, for the purpose of educating business employees on the issue of domestic violence; promoting understanding of the procedures, laws, and resources pertaining to domestic abuse; enhancing the identification and prosecution of repeat domestic violence offenders; assisting in the investigation of domestic violence complaints; and providing training to the Police Department on domestic violence issues; and 22 23 WHEREAS, the grant requires an in-kind match from the City which is available from currently appropriated funds; 24 25 26 27 28 29 30 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, 1. That a grant in the amount of $65,434 is hereby accepted from the Commonwealth of Virginia, Department of Criminal Justice Services, and appropriated to the FY 1997-98 Operating Budget of the Virginia Beach Police Department for the purpose of providing enhanced services related to domestic violence; and 2. That estimated revenue from the Commonwealth of Virginia is hereby increased in the amount of the grant award. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the 13 of January , 1998. Sufficiency G: \DATA\ORDIN\NONCODE\ POLI CE . ORD Li~a R. McKeel Mr. James Spore , City Manager City of Virginia Beach City Hall Building, Room 234 Virginia Beach, Virginia 23456 V-STOP Grant Application No. 98-C9222VA97 Dear Mr. Spore: COMMONWEALTH of VIRGINIA Department of Criminal Justice Services 805 East Broad Str~t. Tonth Floor Richmond, Virginia 23219 December 8, 1997 (so4) ?s6-4ooo FAX (804) 371-8981 TDD (804.L~.Q6-8732 L [DEC I 51997 ;:'; VIRGINIcIIIEF'~ OFFIC~ ' ' I am pleased to inform you that the Criminal Justice Services Board has approved the grant application noted above. The approved budget for this grant award includes $65,434 in Federal Funds from DCJS and $33,386 in non- federal cash or in-kind match, for a total award of $98,820. Enclosed you will find a Statement of Grant Award and a Statement of Grant Award Special Conditions. If you accept the award and conditions, please sign it and return it to Joe Marshall, Grants Administrator. Please review the conditions carefully, as some require action on your part before we will disburse grant funds. When we receive documentation showing that you have complied with the conditions, you will be eligible to request funds awarded under this grant. A REQUEST FOR FUNI}S form is included with this letter and should be used for this purpose. You may request funds at the same time you submit the documentation of compliance with the grant conditions, or at any time thereafter. However, we cannot process your request until we have received and approved all required information. We appreciate your interest in this grant program and will be happy to assist you in any way we can to assure your project's success. If you have any questions, please call Sandy Edwards at (804) 786-5367 Sincerely, Lisa R. McKeel Director Enclosure cc: Charles K. Wall, Chief of Police Ms. Patricia Phillips, Director of Finance Sandy Edwards, DCJS Advtson/Committee lo Court Appointed Spar. iai Advocate ,,nd ChlMren'l Jullice ALt Progrant~ I~lvate Sec~ty Se~ces Ad~sory Board · Cs~ninal Justice Info~'~atio~ Systems Committee - 29- Item VI-J. 4. RESOL UTION/ORDINANCE ITEM it 43094 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a $15,000 Grant from the Virginia Department of Environmental Quality Virginia Coastal Resources Management Program; TRANSFER $6,000 matching funds from the General Fund Reserve for Contingencies to the Fiscal Year 1997-1998 Operating Budget of the Department of Planning; and, estimated revenue from the Commonwealth of Virginia be increased accordingly to allow for the construction of a habitat conservation and restoration project on public property at Munden Point District Park. 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None January 13, 1998 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT IN THE AMOUNT OF $15,000 FROM THE VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY VIRGINIA COASTAL RESOURCES MANAGEMENT PROGRAM, AND TO TRANSFER $6,000 AS MATCHING FUNDS FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES, TO THE FISCAL YEAR 1997-98 OPERATING BUDGET OF THE DEPARTMENT OF PLANNING 11 12 13 14 15 16 17 18 19 20 21 22 23 24 both passive 25 education. 26 27 28 29 30 WHEREAS, the Commonwealth of Virginia's Department of Environmental Quality Virginia Coastal Resources Management Program has provided the City of Virginia Beach a grant in the amount of $15,000 to allow for the construction of a habitat conservation and restoration project on public property at Munden Point District Park; WHEREAS, this grant requires a cash match of $6,000 which is available in the Fiscal Year 1997-98 General Fund Reserve for Contingencies; and WHEREAS, the work to be provided through these resources will significantly enhance the ability to restore, enhance and conserve valuable natural resource amenities upon public lands within the City and thereby provide a unique opportunity to augment recreational opportunities and environmental NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a grant in the amount of $15,000 is hereby accepted from the Virginia Department of Environmental Quality Virginia Coastal Resources Management Program and appropriated to the FY 31 32 1997-98 Operating Budget of the Department of Planning for habitat conservation and restoration work; 33 34 35 36 37 38 39 40 41 42 BE IT FURTHER ORDAINED: That funds in the amount of $6,000 are hereby transferred from the FY 1997-98 General Fund Reserve for Contingencies to the FY 1997-98 Operating Budget of the Department of Planning as the City's required cash match for this grant; and BE IT FURTHER ORDAINED: That estimated revenue from the Commonwealth of Virginia is hereby increased in the amount of $15,000. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13 day of January , 1998. 43 44 45 46 CA-6883 ORDIN\NONCODE\COASTAL.ORD R-2 PREPARED: 1/6/98 47 48 49 50 APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICIENCY: Law Department - 30- Item VI-K. PUBLIC HEARING ITEM # 43095 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1. LENWOOD R. AND ROBINS. IRELAND VARIANCE 2. HERITAGE CHRISTL4N ACADEMY INC. CONDITIONAL USE PERMIT 3. TIDEWATER KOREAN BAPTIST CHURCH TRUSTEES CONDITIONAL USE PERMIT 4. SAR, L.L.C. CONDITIONAL USE PERMIT 5. MICHAEL CREDLE CONDITIONAL USE PERMIT 6. NEXTEL COMMUNICATIONS INC. CONDITIONAL USE PERMIT 7. THE FOUNDERS VILLAGE, INC CHANGE OF ZONING CONDITIONAL USE PERMIT January 13, 1998 - 31 - Item VI-K. PUBLIC HEARING ITEM # 43096 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in one motion Items 1, 2, 3, 4, and 5 of the PLANNING BY CONSENT. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None January 13, 1998 - 32 - Item VI-K. 1. PUBLIC HEARING ITEM # 43097 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED Application of LENWOOD B. and ROBIN S. IRELAND for a Variance to Section 4.4(3) of the Subdivision Ordinance which requires lots created by subdivision meet all requirements of the Comprehensive Zoning Ordinance (CZO) : Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Lenwood B. & Robin S. Ireland. Property is located at 924 Sparrow Road East. KEMPSVILLE BOROUGH. The following conditions shall be required: Please note that additional pavement widening may be required along the frontage of this site. The ultimate pavement section will be determined at detailed site plan review. 2. The 3-foot spike shall be dedicated to the City of Virginia Beach for right-of-way purposes. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None January 13, 1998 - 33 - Item VI-K.2. PUBLIC HEARING ITEM # 43098 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of HERITAGE CHRISTIAN ACADEMY, INC for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF HERITAGE CHRISTIAN ACADEMY, INC., FOR A CONDITIONAL USE PERMIT FOR A PRIVATE SCHOOL ROI 982159 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Heritage Christian Academy, Inc., for a Conditional Use Permit for a private school on the west side of Salem Road, north of Winston Avenue. Said parcel is located at 2 751 Salem Road and contains 3.692 acres. PRINCESS ANNE BOROUGH. The following conditions shall be required: The existing building will be required to conform with the Americans with Disabilities Act (ADA) and the National Building Code (BOCA) prior to commencing school use of the building. 2. No trees will be removed around the proposed playground area. 3. The school will be limited to a maximum 55 students. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of Januam. Nineteen Hundred and Nine.tv-Eight. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None January 13, 1998 - 34 - Item VI-K. 3. PUBLIC HEARING ITEM # 43099 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of TIDEWATER KOREAN BAPTIST CHURCH TRUSTEES for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF TIDEWATER KOREAN BAPTIST CHURCH TRUSTEES FOR A CONDITIONAL USE PERMIT R O1982160 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Tidewater Korean Baptist Church Trustees for a Conditional Use Permit fora church expansion at the southwest intersection of Overland Road and Oakengate Drive. Said parcel is located at 301 Overland Road and contains 2. 779 acres. KEMPSVILLE BOROUGH. The following conditions shall be required: Building, parking and drive aisle additions shah be constructed in accordance with the submitted site plan entitled, "Preliminary Site Plan for Building Addition to Tidewater Korean Baptist Church," dated October 23, 1997, and on file with the Planning Department with the following revisions: * The 18.5'proposed drive aisle shown on the submitted site plan shah be reduced to a maximum 15' in width. The 16 angled parking spaces shah be replaced with parallel parking spaces extending along the length of the drive aisle. The building additions shah be constructed in accordance with the submitted elevations entitled, "Elevations, Addition to Korean Baptist Church of Tidewater" and on file with the Planning Department. 3. Existing vegetation shah remain on the northern, western and southern boundaries of the property. This Ordinance shah be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth qf Janua~_ , Nineteen Hundred and Nine~_ -Eight. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None January 13, 1998 - 35- Item VI-K. 4. PUBLIC HEARING PLANNING ITEM # 43100 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of SAR, L.L.C. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF SAR, L.L.C. FOR A CONDITIONAL USE PERMIT FOR HOUSING ROI 982161 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of SAR, L.L.C. for a Conditional Use Permit for housing for the aged, disabled and handicapped on certain property located on the west side of Chimney Hill Parkway beginning at a point 230feet more or less south of Holland Road. Said parcel contains 3.372 acres. KEMPSVILLE BOROUGH. The following conditions shah be required: The site shah be developed in accordance with the submitted site plan entitled, "Preliminary Site Plan of Holland House," dated October 29, 1997 and last revised November 24, 1997, and on file with the Planning Department. The architectural design, materials and colors shall be in accordance with the "Preliminary Building Elevations" dated November 21, 1997, and on file with the Planning Department. This Ordinance shah be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of Janua~_ , Nineteen Hundred and Nine~_ -Eight. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara 3/1. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None January 13, 1998 - 36- Item VI-K. 5. PUBLIC HEARING ITEM # 43101 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of MICHAEL CREDLE for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF MICHAEL CREDLE FOR A CONDITIONAL USE PERMIT FOR A FURNITURE SHOWROOM R01982162 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Michael Credle for a Conditional Use Permit for a furniture showroom and truck rentals at the northeast intersection of Bonney Road and South Kentucky Avenue. Said parcel is located at 3912 Bonney Road and contains 2.858 acres. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. There shall be a maximum of ftve rental trucks on site at any one time. Rental trucks shall be parked only in the designated spaces abutting the western property line, as depicted on the submitted site plan. The application will be reviewed by the Planning Department after 1 year and renewed administratively if all conditions are being met. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth qf Janua~. Nineteen Hundred and Nine.tv-Eight. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None January 13, 1998 -37- Item VI-K. 6. PUBLIC HEARING ITEM # 43102 PLANNING Howard W. Martin, Jr., 1200 Nations Bank Center, Norfolk, Phone: 623-3000 Upon motion by Council Lady McClanan, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of NEXTEL COMMUNICATIONS, INC., for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF NEXTEL COMMUNICATIONS, INC. FOR A CONDITIONAL USE PERMIT for a 150-_foot plus 15-_foot_/ishpole antenna construction monopole and communications equipment shelter RO1982163 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Nextel Communications, Inc. for a Conditional Use Permit for a monopole and communications equipment shelter on certain property located on the south side of Indian River Road, west of West Neck Road. Said parcel is located at 2765 Indian River Road and contains 35. 06 acres. PRINCESS ANNE BORO UGH. The following conditions shall be required: The proposed tower must be developed, as presented to the Planning Commission and City Council, as a monopole structure, not to exceed 150feet in height, omnidirectional antennas, not to exceed 15feet in height and 1 inch in diameter, may be mounted on the top of the tower extending the overall height to 165 (only uni- directional antennas as described above are permitted above the 150foot tall tower. The applicant shall purchase and install a tower capable of accommodating a minimum of two additional users and must provide for leased space for other wireless providers, at reasonable terms, when requested. The planned tower must be a multiple port tower capable of accommodating a minimum of three wireless providers. The proposed tower must be expandable to provide for increased height (170feet maximum) in the event that City Council determines that increasing the height of the tower is appropriate. Documentation must be provided to the Building Ojficial that the tower foundation is adequate to support weight loading of three standard wireless arrays. The proposed 150 foot tower may not be painted. Lighting of the tower must conform to the standard lighting requirement outlined in FAA guidelines for towers 150feet in height or lower. If due to FAA or other state or federal guidelines, painting or modified lighting is required, the maximum height of the tower shah not exceed 125feet. The planned tower and landscaping must be developed as depicted on the site plan submitted with this conditional use permit application entitled "VA- 1133 Camels Chapel", dated November 1997. Said plan was presented to the Planning Commission on December 10, 1997, and is on file in the Planning Department. January 13, 1998 - 38- Item VI-K. 6. PUBLIC HEARING ITEM # 43102 (Continued) PL/INNING 6. All healthy trees and vegetation currently existing within the borrow pit l O0-foot buffer area shall be retained. As an exception, trees and vegetation may be removed to provide for the access road to the tower at the location shown on the plan. This Ordinance shall be effective in accordance with Section 107 (D of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth o_f Janua~. . Nineteen Hundred and Nine_tv-Eight. Voting: 1 O- 0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: Nancy K. Parker Council Members Absent: None Council Lady Parker ABSTAINED as one of the Trustees is a client of her and her husband. January 13, 1998 - 39- Item VI-K. 7. PUBLIC HEARING ITEM # 43103 PLANNING Thomas R. Brennan, Sr. Vice President - Haskell Developers, 111 Riverside Avenue, Jacksonville, Florida 32202, Phone; (904) 791-4774, represented the applicant Larry E. Stampe, 1269 Belvoir Lane, representing the Lake James Homeowners Association, Phone: 420- 3145, spoke in support of the application. Upon motion by Council Lady Strayhorn, seconded by Vice Mayor Sessoms, City Council ADOPTED the Ordinances upon Application of THE FOUNDERS VILLAGE, INC. for Changes of Zoning and Conditional Use Permit: ORDINANCE UPON APPLICATION OF THE FOUNDERS VILLAGE, INC. FOR CHANGES OF ZONING ON THE FOLLO WING PARCELS Z01981095 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of The Founders Village, Inc. For cl~ange of zoning on the following parcels: Parcel 1: From B-1 Neighborhood Business District to 0-2 Office District located 2700feet more or less East of the intersection of Jake Sears Road and Centerville Turnpike. Parcel 2: From I-1 Light Industrial District to 0-2 Office District located 2000feet more or less East of the intersection of Jake Sears Road and Centerville Turnpike and on the West side of Regent University Drive, 500feet more or less North of Jake Sears Road. Parcel 3: From R-5D Residential Duplex District to 0-2 Office District located 450feet more or less East of the intersection of Jake Sears Road and Centerville Turnpike. The proposed zoning classification change to 0-2 is for office land use The Comprehensive Plan recommends use oft his parcel for suburban employment use in accordance with other Plan policies. Said parcels contain 73.9 acres. KEMPSVILLE BORO UGH. AND, ORDINANCE UPON APPLICATION OF THE FOUNDERS VILLA GE, INC. FOR A CONDITIONAL USE PERMIT FOR A RETIREMENT COMMUNITY R O1982164 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of The Founders Village, Inc. For a Conditional Use Permit for a retirement community on certain property located at the northwest quadrant of Regent University Drive and Jake Sears Road. Said parcel contains 73.9 acres. KEMSP VILLE BOROUGH. The following conditions shall be require& The Founders Village Retirement Community shall substantially adhere to the submitted site plan entitled "Conditional Use Exhibit, Founders Village Retirement Community'; dated October 31, 1997, by the TAF Group. January 13, 1998 - 40- Item VI-K. 7. PUBLIC HEARING ITEM # 43103 (Continued) PLANNING Independent living units will include a combination of apartment units, duplex units and single family manor homes. The specific number of each type of unit is flexible within the following ranges: Single family manor homes - 50 to 90 units Duplex units - 120 to 160 units Apartment units - 140 to 175 units The total combination of apartment units, manor homes and duplex units may not exceed a maximum of 350 units. If the maximum number of apartment units are developed, a fifth apartment building, not shown on the submitted site plan, may be added. A maximum of 90 beds will be permitted in the Health Center. The beds may be any combination of assisted living beds and nursing care beds, The architecture, building materials and exterior colors of the proposed structures shall be in keeping with the renderings submitted to the Planning Department and displayed at the public hearings. It is recognized that with a development of this size, detailed building plans may change as the planning stage progresses. The intent of the renderings is to demonstrate the style and quality of the proposed project. Final elevations for all structures shall be submitted to the Planning Director for review and approval prior to building plan approval. Signage at the main entrance on University Drive shall be limited to a brick monument sign. A sign identifying the maintenance entrance on ,lake Sears may be permitted in keeping with City sign regulations. 6. Prior to final site plan approval, a detailed landscape plan shall be submitted for review and approval by the Planning Director. In the central area, landscaping shall include foundation plantings, tree plantings and garden areas. Street trees are required along interior streets, excluding alleys. Additional trees and foundation plantings are also required among the single family manor homes and duplex dwellings. The City Zoning Ordinance requires a Category Il; buffer adjacent to any property zoned residential The applicant's site plan shows variations to the required buffer that are very appropriate for the planned development, but require a variance from the Board of Zoning Appeals. The applicant may conform to the Category IV requirements or seek a variance from the Board of Appeals to provide perimeter buffering as shown on the submitted site plan. The stormwater management pond for this development will be located to the north of the access road and may vary in size. It is the intent of the applicant to over- excavate this pond to provide fill for the retirement community. No material from the excavation may be hauled off-site or on any public roadway. January 13, 1998 Item VI-K. 7. - 41 - PUBLIC HEARING ITEM # 43105 (Continued) PLANNING 10. 11. 12. 13. 14. 15. Street sections, sidewalks and lighting shall conform to "Typical Street Sections, Founders Village Retirement Community", dated November 3, 1997, by the TAF Group. Prior to site plan approval, the applicant will submit a preliminary traffic study showing traffic counts for two similar retirement communities for review and approval by Traffic Engineering. If warranted by the preliminary study, a full traffic impact study shall be submitted for review and approval by Traffic Engineering. Off-site road improvements (such as turn lanes) shall be in keeping with the approved traffic impact study. The traffic impact study shall be for the retirement community only. It is recognized that plans for the remaining CBN property are not final at this time. The exact location of the private access road off Regent University Drive may vary to conform with standards and requirements of Traffic Engineering. All parking areas, roads and sidewalks will meet requirements of the Americans With Disabilities Act. Parking shall be as shown on the submitted site plan. Fire prevention and safety measures will be determined with detailed plan submittal and are subject to approval by the City. If Lake James is the outfall for the Founders Village stormwater management lake, the applicant shall have water testing done, at the discharge point, by a certified laboratory for performing stormwater monitoring, twice a year, for a period of three years, commencing six months after Founders Village is opened to residents. The report shall be submitted to the Planning Director with a copy to the Lake James Homes Association. Testing will be for petroleum (hydro-carbons) phosphates, nitrates and fecal coliform. These Ordinances shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of Janua~_ . Nineteen Hundred and Nine~_ -Eight. January 13, 1998 Item VI-K. 7. PUBLIC HEARING PLANNING - 42 - ITEM # 43103 (Continued) Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None January 13, 1998 - 43 - Item VI-L. 1. APPOINTMENTS ITEM # 43104 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: Donald R. Trueblood unexpired term thru 9/30/2002 WETLANDS BOARD Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William Yr. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None January 13, 1998 Item VI-L.2. APPOINTMENTS - 44 - ITEM # 43105 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: Meyera E. Oberndorf, Mayor Dudley F. Fulton, Development Authority Chairman Donald L. Maxwell, Director, Economic Development Gerald S. Divaris Eric A. Hauser 1/1/98 - 12/31/98 (One Year Renewable Terms) HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III,, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None January 13, 1998 Item VI-N. 1. - 45 - NE W BUSINESS ITEM It 43106 BY CONSENSUS, CITY CLERK TO RECORD the ABSTRACT OF LEGAL CASES RESOLVED - DECEMBER 199 7. January 13, 1998 - 46- Item VI-Q. ADJOURNMENT ITEM # 43107 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 3:30 P.M. Chief Deputy City Clerk Ruth Hodges Smith, CMC/AAE City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia January 13, 1998 VR BCH PUBLIE INFO TEL: 757-427-4165 Feb 24,99 15:58 No.O07 P.01/O; VIRGINIA BEACH February 24, 1999 office of Public Infi~nnation Municipal Center - Building 22 2428 North Landing Road Virginia Bcac. h~ VA 23456-9080 (7~7) 427-4111 FAX (757) 426-5665 / 427-4163 hllp://www,virginia-bcach,va, us Honorable Mayor and Members of Council Dear Mayor and Members of Council: We have just received notice that the Founders Village project will not be going forward. By copy of this memo, I am forwarding the media and public relations statement being released today by Mr. Nail Voider, President of Founders Village. It is anticipated there will be coverage in the Virginian Pilot in the next day or two. For your information, as listed in the statement, no funds allocated by the Virginia Beach Development Were used for the project. If you have additional questions, please let me know. Sincerely, .C Pamela M. Lingle Director James K. Spore C. Oral Lambert Don Maxwell VA BCH PUBLIC INFO TEL: 757-427-4163 Feb 24,99 15:58 No.O07 CP FI:O tTftflL ~, ~crM[~ ~ FUBLIC NTAT~ ~ Fommders Village ~mmuotmeed ~ i{i ,4~,u~ 19~7 ~ buiM ~ ~ g~m-c M~ m~uy ~,s ~ mira {n e~ pbemin~ md develol~ of coD~L, med rescrv~uvs w~U bf..U,w d~ I~ ~ ~r e~, M'c~ec~'~ ~ If ~ou ha~ ~ qu~ ~,~diua ~ mb~mmt, ple,~e c~U~ Mr, ]qeil Voider, Preside~ of Foundert Villas, ~ 7S7-22~27S1. P.02/02