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MARCH 2, 1999 MINUTES
City of Virginia "WORLD'S LARGEST RESORT CITY" CrYY COUNCIL MAYOR MEYERA E OBERNDORF At Large VICE MAYOR WILLIAM D SESSOMS JR At Large LINWOOD 0 BRANCH Iii Dtstrtct 6 Beach MARGARET L EURE Dtstrtct I Centervdle WILLIAM W HARRISON JR Dtstnct 5 Lynnhaven HAROLD HEISCHOBER At-Large BARBARA M HENLEY Dtstrtct 7-Princess Anne LOUIS R JONES Dtstnct 4-Bavstde REBA S McCI..4NAN Dtstrtct 3 Rose llall NANCY K PARKER At-Large A M (DON) WEEKS Dtstrtcl 2 Kempswlle JAMES K SPORE Ctty Manager LESLIE L LILLEY Ctty Attorney RUTH HODGES SMITH CMC/AAE City Clerk CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH VIRGINIA 23456 PtlONE (757) 427-4~0~ FA)t (7~7~ 426 ~66q EMAIL CTYCNCI.~CITY VIRGINIA-BEACtl VA U: March 2, 1999 REVIEW OF AGENDA ITEMS - Conference Room - 12:30 PM II. CITY COUNCIL COMMENTS III. INFORMAL SESSION - Conference Room - 1:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL IV RECESS TO EXECUTIVE SESSION V. FORMAL SESSION - Council Chamber- 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Rabbi Israel Zoberman Congregation Beth Chaverin C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS February 23, 1999 G. AGENDA FOR FORMAL SESSION The Consent Agenda will be determtned during the Agenda Review Session and constdered tn the ordinary course of business by Ctty Council to be enacted by one motion. H. PRESENTATION . DISTINGUISHED BUDGET PRESENTATION AWARD Government Finance Officers Association E. Dean Block, Director, Management Services I. OPENING OF BIDS 1. Lease of City-owned property for Telecommunication facilities: a. 701 Chantry Drive (ROSE HALL - DISTRICT 3) J. PUBLIC HEARING PUBLIC RIGHTS-OF-WAY USE FEE K. ORDINANCES 1. Ordinances to AMEND City Code: a. Section 21-22 re inspection of vehicles. b, Section 23-58 re hours of operation for commercial parking lots located in the Resort Area. . Ordinances to grant interest-flee loans from the General Fund Balance re replacement ambulances: a, APPROPRIATE $100,000 to the Sandbridge Volunteer Rescue Squad. Repayment to be $20,000 per year for five years. b, APPROPRIATE $45,000 to the Plaza Volunteer Rescue Squad. Repayment to be $15,000 per year for three years. 3. License Refunds - $11,106.79 L. APPOINTMENTS PARKS AND RECREATION COMMISSION VIRGINIA BEACH CRIME TASK FORCE M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT FY 1999-2000 OPERATING BUDGET & C I P SCHEDULE DATE EVENT TIME LOCATION Tuesday, March 30 Presentation of Budget/CIP Noon Council Chambers Tuesday, April 6 Workshop 10 AM- Noon Council Conference Room Tuesday, April 13 Workshop 10 AM - Noon Council Conference Room Thursday, April 15 Public Hearing 7 PM Princess Anne High School Tuesday, April 20 Workshop 4 PM - 6 PM Council Conference Room Tuesday, April 27 Workshop 3 PM- 5 PM Council Conference Room Tuesday, May 4 Workshop 10 AM - Noon Council Conference Room Tuesday, May 4 Public Hearing 2 PM Council Chambers Thursday, May 6 Reconciliation Workshop 3 PM - 5 PM Council Conference Room Tuesday, May 11 Adoption of FY 1999-2000 Operating Budget & Capital Program 2PM Council Chambers 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) 02/26/99BAP AGENDA\03-02-99.PLN www.virginia-beach.va.us MINUTES VIRGINIA BEACH CITY COUNCIL V~rg~n~a Beach, Virginia March 2, 1999 Mayor Meyera E Oberndorf called to order the CITY COUNCIL BRIEFING and added a report re legislation at the 1999 GENERAL ASSEMBLY SESSION tn the Council Conference Room, Ctty Hall Building, on March 2, 1999, at 12 30 P M Council Members Present' Margaret L Eure, Ltnwood O. Branch, III, Wilham W. Harrison, Jr, Harold Heischober, Barbara M Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and A. M "Don" Weeks Councd Members Absent: None -2- CITY COUNCIL BRIEFING 1999 GENERAL ASSEMBLY SESSION 12:30 P.M. ITEM # 4468 7 Robert Matthias, Assistant to the City Manager, advtsed the General Assembly concluded its 1999 Sesston on Saturday, February 27, 1999 The Cay did excepttonally well on vtrtually all of the tssues City Counctl requested to be addressed The issues are as follows State Aid to Law Enforcement (House Bill 599 Funding): The Ctty wtll be recetvmg $9,766,322.00, tn addttton to our extsting appropriatton beginning next fiscal year The expectatton ss that the addittonal funds wtll continue tndefinttely Lottery Aid to Local Governments In the current fiscal year, enchng June 30, 1999, the City wtll recetve $9,877,676; the next fiscal year, endtngJune 30, 2000, the City wtll recetve $9,725,562 Thts ss 10% higher than proposed by the Governor. However, 'half of the funds must be used for school constructton renovatton or technology and the other 'half may be used toward any educational need. Governor Gtlmore has expressed opposttton to any strings being attached to these funds As you know, we commumcated our desire for the delegatton to adopt the Houseplan whtch wouM have provided the Ctty approxtmately $20-MILLION a year in lottery funding, begmntng Ftscal Year 2000 and conttnumg every year thereafter. The Conference Commtttee and the General Assembly ulttmately approved the Senate plan, whtch was very close to what the Governor originally proposed The Virginia Marine Science Museum will receive a total of $2-MILLION whtch represents an increase of SI-MILLION above last year's approprtatton The Governor added $500,000 and the General Assembly added another $500,000 The money ss to be used for the planmng of Phase III of the Virginta Martne Science Museum Funding for the Contemporary Art Center of Virginia wtll provide $250,000 over the bienntum. This is a very welcome outcome from the session tn that it ss the first ttme that state support for thts tremendous facthty has been provtded. Eluding Police: Delegate McDonnell was successful tn havtng this legtslatton passed with an effective date of July 1, 2000. The Senate attempted to attach an amendment that would have required the Btll to be reenacted by the 2000 General Assembly, but Delegate McDonnell was successful tn havtng the amendment rejected Support for Juvenile Detention Homes Operation and Maintenance: The delegation specifically Senator Stolle, Delegate McDonnell and Delegate Croshaw, worked very hard on thts tssue. Funds were added to the State budget which should guarantee that every detention home recetves up to 50% retmbursement Support for Detention Home Construction and Renovation Costs Delegate McDonnell, Delegate Croshaw and Senator Stolle worked very hard on thts issue. Due to the long term cost tmphcattons for the State, the legtslatton dtd not pass However, a study was commtsstoned with a date of October 1, 1999, to report the advisabthty of the State to provtde the full 50% reimbursement for detentton homes' construction and renovation. The difference between what the Ctty expects to recetve under the current regulattons and what the State Code states the City should receive ss approxtmately $3-MILLION. This study will be followed very closely. Tax Exemptions' All of the tax exempttons, including the Vets House, the Vtrgtnta Beach Home, the Vtrgtnta Beach Health Clintc and the Judeo Chrtsttan Center, passed March 2, 1999 -3- CITY COUNCIL BRIEFING 1999 GENERAL ASSEMBLY SESSION ITEM # 4468 7 (Continued) Funding for Hurricane Bonney Clean Up: Senator Schrock and Delegate Wagner worked very hard to have emergency legtslatton passed early in the Sesston that wouM allow the State to stgn the approprtate documents with the federal government to receive reimbursement from FEMA for the clean up after Hurricane Bonney The City should recetve approxtmately $6 5-MILLION before mid March Thts ts certatnly great news for all of the departments that have had to work with these unanttctpated costs Regulation of Jetski Rentals Delegate Purkey introduced legtslatton which passed that will allow the Ctty to require, through an ordinance, that watercraft rental operators receive approprtate tdenttficatton from renters to ascertain age and other tnformatton. It will also address safety issues, such as limiting the stze of engtnes and equipment that must be provided by the rental operators. Delegate Waldrup's Btll that allows City Council the opportunity to appoint the Board of Zoning /lppeals members passed; however, only for the City of Virginia Beach. Light Rail' $1.9-MILLION wtll be provtded TRT for additional studies on the light rail projects spectally deahng wtth the spur to the Naval Base However, this money wtH not be released until a Referendum ts held and approved by the ctttzens of Vtrgtnta Beach in November 1999 Delegate Croshaw was successful tn havtng language added to the Biennium Budget that will chrect the completton ora study of the firing range at Camp Pendleton. Also, language was added that will requtre approval by the Governor and the General Assembly for any long term leases at Camp Pendleton. This wtll certainly help to guarantee that no undestrable uses are agreed to by the Nattonal Guard without some tnput from the General Assembly Mr. Matthtas advtsed there was a Bill passed deahng wtth VRS Retirement benefits allowing any local government and State employee or teacher, wtth 30 years service, to rettre wtth unreduced benefits Ctty employees will be eligible unless City Council notifies VRS, otherwtse, before July Ftrst A pohcy posttton will be provided The General Assembly will return to VETO session in April. Mr. Matthias beheves the Ctty has a Memorandum of Understanding wtth the School Board that all lottery funds wtll be utthzed for tnfrastructure Mr Matthias expressed appreciatton to all who parttctpated on the lobbying acttvities, parttcularly the VE CTRE Corporation. March 2, 1999 -4- .4 GENDA RE VIE W SESSION 12:43 P.M. ITEM # 44688 BY CONSENSUS, the followtng ttems shall compose the CONSENT AGENDA ORDINANCES K. 1. Ordtnances to AMEND Cay Code: a Sectton 21-22 re inspection of vehicles. b. Section 23-58 re hours of operatton for commercial parking lots located in the Resort Area K. 2. Ordtnances to grant tnterest-free loans from the General Fund Balance re replacement ambulances: a. APPROPRIATE $100,000 to the Sandbridge Volunteer Rescue Squad Repayment to be $20,000 per year for five years b. APPROPRIATE $45,000 to the Plaza Volunteer Rescue Squad Repayment to be $15,000 per year for three years K 3 License Refunds - $11,106.79 March 2, 1999 -5- CITY COUNCIL COMMENTS 12:45 P.M. ITEM # 44689 Mayor Oberndorf advised the Delegation from Bangor, Northern Ireland will be landtng at Norfolk Muntctpal Atrport at 1 03 P.M and will be tntroduced to Ctty Council durtng the Formal Sesston ITEM # 44690 Vice Mayor Sessoms, Counctl Members Parker, Harrtson and Branch met wtth representatives of the Surfing community yesterday mormng, March 1, 1998 Thts was an excellent meettng wtth a very professional presentation Vice Mayor Sessoms requested this presentation by the Surfing communtty be SCHEDULED for a future City Counctl Sesston The ordtnances pertatntng to surfing should be revtewed ITEM # 44691 Mayor Oberndorf referenced the newspaper published by the U.S. Conference of Mayors There was a major article on the front page relative Open Space Federal Legislation, especially for counttes Vice President Gore wtshes to establish a method for Counties and Ctttes to buy open space for the sole purpose to convert into parks and recreatton for their cttizens whtch they beheve ts a necessity The big tssue for the next Millennium ts betng able to buy open space tn highly developed areas, such as Kempsvtlle and Baystde, to enable "breathtng room ". The U S Conference of Mayors ts talang a pubhc posttton. Council Lady Henley advtsed Betsy Agelasto called to advise of her trtp to Washington, D.C. with the Garden Club of America and thts legislatton relattve open space had been one of thetr major presentattons. They met wtth Vtce President Gore's Atde to speak relattve thts tnttiattve They are thtnlang more tn terms of the financtng coming to the localities rather than betng filtered through the states ITEM # 44692 Council Lady Henley referenced the dtfficult issue durtng the last Ctty Councd Sesston relattve the Princess Anne Corridor (Home DepoO application on February 23, 1999 Counctl Lady Henley hopes the Counctl wtll follow Mr. Scott's suggestion and bepro-active, parttcularly on thoseproperttes whtch the City Counctl has constdered approximately three or four ttmes for development Counctl Lady Henley beheves the Council needs to be pro-active through the Economic Development Department to sohctt what tt destres for this area This area should be tncluded wtth the Prtncess Anne Corridor study The Buckner property has been turned down two or three ttmes. Council Lady Eure referenced the applicatton on Salem Road dented a few weeks ago A study on the Salem Road Corrtdor was supposed to be commenced. Council Lady Eure inquired tf the Princess Anne and Salem Road Corridors could be tncorporated into one study. Counctl Lady Eure satd the TARGET development center was beauttfully done and it was approved by Planning wtth the development of the outparcels. She met wtth Randy Royal on more than one occaston relative thts beautiful destgn The red hght poles are dtspleastng and were not a part of the revtsed destgn. Thts ts one of the reasons, Home Depot proffered the bronze hghtpoles Council Lady Eure tnqutred relattve the breakdown in communtcatton. The butldtngs tn the Targetproperty were to be the same destgn, color and matertals as spectfied Counctl Lady Eure and all of Ctty Counctl voted on oneplan What has been developed ts enttrely different.t If something ts approved, tt should not be changed. The Ctty Manager will review the stte plans agatn and advtse. Vtce Mayor Sessoms requested the Ctty Manager advtse when these Stu&es would occur The City Manager advised the Princess Anne Corridor Study is presently underway. Council Lady Henley advtsed the road projects which are driving the Study. Councd Lady Henley advtsed the City Council has not planned Princess Anne Corridor to be high denstty. Obvtously, the types of responses received by these property owners when the property is offered for sale are from commercial properties. If that is not what the City Counctl wants, a land use planning pro-acttve stance should be developed. The burden should NOT be on the property owners. Although Council Lady McClanan could not support the application, she was impressed with the quality of the Home Depot application, however, Mr Scott satd he was gotng to revtew the outparcels. Quahty should be the Ctty's mandate along thts road Councilman Branch had concerns as this apphcatton betng unantmously approved by the Planning Commtssion Councilman Branch requested Economtc Development provide informatton as to whether or not thts 23-acre parcel lends ttself to some type of office park development On the largerparcels, the Ctty Council should become aggressive. March 2, 1999 -6- CITY COUNCIL COMMENTS ITEM # 44693 Councd Lady Henley referenced the applicatwn approved in the Baystde Borough on February 9, 1999, (Terry/Peterson Residential One, L.L. C., for a Change of Zoning District Classification R-7. 5 Residential District to A-12 Apartment District with a PD-H2 Planned Unit Development District Overlay). The Staff seemed to be firm tn their recommendatton Baker Road needed to be connected through Now, one more community has been added without Baker Road bemg connected Baker Road should be built now rather than later. If the developer ts going to be constructtngpart of Baker Road and then tt tsjust left unconnected right tn the mtddle of thts neighborhood, the homeowners are not gotng to want to have Baker Road connected with the construction inconvemences. The City Manager will have a CIP sheet prepared on the scope of the Baker Road project and the funds expended by the private sector Thts could be considered durmg April with adoptton of the Capttal Improvement Program on May 11, 1999 ITEM # 44694 Council Lady McClanan referenced the productive meeting of the Joint Committee between the Library Board and the City Council. The staff will present several different proposals. Council Lady McClanan requested suggestions from the Ctty Counctl ITEM # 44695 Council Lady Parker referenced the correspondence to PENTRAN relattve the comments concermng the merger. Mayor Oberndorf advised durtng the Workshop of February 16, 1999, the Ctty Manager advised correspondence would be forwarded to the other locahties, so they would have the opportuntty to express their concerns Copies of these communities comments would be dtstributed to City Council. ITEM # 44696 Mayor Oberndorf referenced the wonderful idea and new legtslatton tn of the State of Pennsylvama. Pennsylvania is requtringprisoners undergo drug testing before being released. If the prtsoners are found to be taking drugs, they are not allowed to leave the prtson even though thetr ttme has been served. Informatton wtll be forwarded to members of City Counctl There is also a rehabilitatton program available March 2, 1999 -8- ITEM # 44698 Mayor Meyera E Oberndorf entertained a motton to permit Ctty Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Vtrgtnia, as amended, for the followtng purpose PERSONNEL MATTERS Discusston or consideration of or intervtews of prospecttve candtdates for employment, assignment, appotntment, promotton, performance, demotton, salartes, disctphntng, or resignation of specific pubhc officers, appointees, or employees pursuant to Section 2 1-344 (A) (1) Boards and Commisstons' Parks and Recreatton Commisston PUBLICLY-HELD PROPERTY Discusston or consideration of the con&tton, acquisition, or use of real propertyforpubhc purpose, or of the &sposttion of pubhcly-held property, or of plans for the future of an restitution whtch could affect the value of property owned or destrable for ownership by such mstttutton pursuant to Sectton 2 1-344(A)(3) To-Wtt' 16tn Street Pump Satton/Tradewtnds Hotel LEGAL MATTERS Consultation wtth legal counsel or briefings by staff members, consultants, or attorneys pertatntng to actual or probable litigation, or other specific legal matters requesting the provtston of legal adwce by counsel pursuant to Sectton 2 1-344(A)(7) 16tn Street Pump Statton/Tradewtnds Hotel Gregg Alan Benshoff et als v. Ctty of Vtrgima Beach Upon motton by Vice Mayor Sessoms, seconded by Councilman Heischober, City Counctl voted toproceed tnto EXECUTIVE SESSION. Vottng: 11-0 Council Members Vottng Aye Ltnwood O. Branch, III, Margaret L Eure, William W Harrtson, Jr. Harold Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K. Parker, V~ce Mayor W~lltam D Sessoms, Jr and A. M. "Don" Weeks Counctl Members Vottng Nay: None Council Members Absent. None March 2, 1999 -9- FORMAL SESSION VIRGINIA BEA CH CITY COUNCIL March 2, 1999 2:00 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Counctl Chamber, Ctty Hall Butldtng, on Tuesday, March 2, 1999, at 2 O0 P M Counctl Members Present Ltnwood 0 Branch, III, Margaret L Eure, Wtlltam W Harrtson, Jr, Harold Hetschober, Barbara M. Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtiltam D Sessoms, Jr. and ,4 M "Don" Weeks Council Members Absent' None INVOCATION. Rabbt Israel Zoberman Congregatton Beth Chavertn PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vtce Mayor Sessoms betng a Corporate Officer of Wachovta Bank &sclosed there were no matters on the agenda in whtch he has a "personal interest", as defined tn the ,4ct, etther tnchvtdually or tn hts capactty as an officer of Wachovta Bank The Vtce Mayor regularly makes thts Dtsclosure as he may or may not know of the Bank's tnterest tn any apphcatton that may come before Ctty Counctl Vtce Mayor Sessoms' letter of January 4, 1999, ts hereby made apart of the record March 2, 1999 Bem ~E -10- CER TIFICA TION OF EXECUTIVE SESSION ITEM # 44699 Upon motion by Vice Mayor Sessoms, seconded by Councdman Branch, Ctty Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc bustness matters lawfully exempted from Open Meettng requtrements by Vtrgtnia law were chscussed tn Executtve Sesston to whtch this certtficatton resolutton apphes, AND, Only such pubhc business matters as were tdenttfied tn the motton convemng the Executive Sesston were heard, dtscussed or constdered by Virgtnta Beach City Councd. Vottng 11-0 Councd Members Vottng Aye Ltnwood 0 Branch, III, Margaret L. Eure, Wdham W Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K. Parker, Vtce Mayor Wtlham D. Sessoms, Jr and A M "Don" Weeks Council Members Vottng Nay: None Councd Members Absent None March 2, 1999 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM tt 44698, Page 8, 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 Smith, CMC/AAE City Clerk March 2, 1999 -11- Item V-F 1 MINUTES ITEM # 44 700 Upon motton by Vice Mayor Sessoms, seconded by Councd Lady Parker, Ctty Counctl APPROVED the Mtnutes of the INFORMAl` AND FORMAl, SESSIONS of February 23, 1999. Voting: 11 -0 Council Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr., Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera E Oberndo~ Nancy K. Parker, Vice Mayor Wdham D Sessoms, Jr and A M "Don" Weeks Counctl Members Voting Nay' None Councd Members Absent None March 2, 1999 - 12- Item V-G. AGENDA FOR FORMAL SESSION ITEM # 44 701 BY CONSENSUS, Ctty Counctl ADOPTED: AGENDA FOR THE FORMAL SESSION March 2, 1999 Item V-H. - 13- PRESENTATION ITEM # 44702 Mayor Oberndorf PRESENTED the DISTINGUISHED BUDGET PRESENTATION A WARD from the Government Fmance Officers ~4ssoctatton to E. Dean Block Director Management Services Walt Kraemer Resource and Management Services/tdministrator March 2, 1999 - 14- Item V-H.L OPENING OF BIDS ITEM # 44 703 Mayor Oberndorf read correspondence of Deputy Ctty Attorney William M Macali dated March 2, 1999: "Dear Mayor Oberndorf' The followtng btds were submitted on March 1, 1999, for the right to construct, matntatn and operate the wtreless telecommunicatton facthty to be located at 701 Chantry Drtve, tn the Rose Hall Dtstrtct of the Ctty of Vtrgima Beach' ORDINANCE TO A WARD A LEASE OF A PORTION OF CITY PR OPER TYA T 701 CHANTR Y DRIVE FOR THE P URPOSE OF CONSTR UCT1NG, MAINTAINING, & OPERA TING WIRELESS TELECOMMUNICATIONS FACILITY CLOSING DATE MARCH 1, 1999. BIDDER PRICE ALL TEL COMMUNICATIONS $62,400 O0/Year SPRINT PCS $38,550 O0/Year The apparent high bid was submitted by ALL TEL COMMUNICATIONS which proposes to pay $62,400. O0 per year for said right In addttton, both &dders agreed to payfifty percent (50%) of all rents recetved under any sublease." March 2, 1999 -15- Item V-H.J. 1. PUBLIC RIGHTS-OF-WAY USE FEE ITEM # 44704 Mayor Oberndorf DECLARED A PUBLIC HEARING: PUBLIC RIGHTS-OF-WA Y USE FEE The following speakers registered to speak in SUPPORT: Dtane Gtllespie 710 Winston Salem Avenue, Phone 437-1422 Kathryn Brunick, 893 Old Cutler Road, Phone' 496-0768 The followtng regtstered ~n OPPOSITION Wally Erb, 150 Cayuga Road, Phone: 497-7451, represented the Counctl of Ctvtc Orgamzattons Al Wallace, 4601 Chtppendale Court, Phone. 497-2187 Robert K Dean, 1204 Shawn Drive, Phone 427-6606 Mtke Arsuaga, 520 Surfstde Avenue Phone' 425- 7084 Lewts E Winston III, 5004 Cullen Road, Phone. 363-8444, represented the Lakeview Park Civic League There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING The Ordtnance to authorize this public rights-of-way fee shall be SCHEDULED for the Formal Session agenda 9 March 1999. March 2, 1999 Item -16- ORDINANCES ITEM # 44 705 Upon motion by Vice Mayor Sessoms, seconded by Councdman Branch, Ctty Councd APPROVED IN ONE MOTION, Orchnances 1 a/b, 2 aA and 3 of the CONSENT AGENDA Vottng 11 -0 Councd Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, HaroM Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wdham D Sessoms, Jr and A M "Don" Weeks Councd Members Vottng Nay None Councd Members Absent None March 2, 1999 -17- Item V-K. 1. ORDINANCES ITEM # 44 706 Upon motion by Vtce Mayor Sessoms, seconded by Councilman Branch, Cay Councd ADOPTED: Or&nances to AMEND Ctty Code a. Sectton 21-22 re tnspectton of vehtcles b Sectton 23-58 re hours ofoperattonfor commercialparking lots located tn the Resort Area Vottng 11 -0 (By Consent) Counctl Members Vottng Aye. Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr., Harold Hetschober, Barbara M Henley, Louts R Jones, Reba $ McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor William D. $essoms, Jr and A M "Don" Weeks Council Members Vottng Nay None Council Members Absent. None March 2, 1999 AN ORDINANCE TO AMEND SECTION 21-22 OF THE CITY CODE PERTAINING TO THE INSPECTION OF VEHICLES SECTION AMENDED: § 21-22 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 21-22 of the City Code is hereby amended and 8 reordained to read as follows: 9 Sec. 21-22. Inspection of vehicles generally. 10 (a) When the superintendent compels, by proclamation of the 11 governor or otherwise, the owner or operator of any motor vehicle, 12 trailer or semitrailer registered in Virginia and operated upon the 13 highways within this state to submit such vehicle to an inspection 14 of its mechanism and equipment by an official inspection station 15 designated for that purpose, any owner or operator of any such 16 motor vehicle, trailer or semitrailer operated upon the highways of 17 this city, who fails to submit such motor vehicle, trailer or 18 semitrailer to such inspection, or who fails or refuses to correct 19 or have corrected, in accordance with the requirements of this 20 chapter or of state law, any mechanical defects found by such 21 inspection to exist, shall be guilty of a traffic infraction and 22 each day that such motor vehicle, trailer or semitrailer is 23 operated over any highway of the city after failure to comply with 24 this section shall constitute a separate offense. 25 (b) The penalty provided for violation of this section shall 26 not be imposed upon any owner or operator for operation of a motor 27 vehicle, trailer or semitrailer after the expiration of a period 28 fixed for the inspection thereof, over the most direct route 29 between the place where such vehicle is kept or garaged and an 30 official inspection station, for the purpose of having the same 31 inspected pursuant to a prior appointment with such station for 32 such inspection. 33 (c) The provisions of this section shall not apply to any 34 vehicle for transporting well-drilling machinery licensed under 35 section 46.2-700 of the Code of Virginia, or to any vehicle, as 36 defined under section 4f.2 105 46.2-100 of the Code of Virginia, 37 and licensed pursuant to section 46.2-730 of the Code of Virginia. 38 Adopted by the City Council of the City of Virginia Beach, 39 Virginia, on this 2nd day of March, 1999. 40 41 42 43 44 CA-7130 DATA/OD IN/PROPOSED/21 - 022. ORD R1 PREPARED: SEPTEMBER 2, 1998 AN ORDINANCE TO AMEND SECTION 23-58 OF THE CITY CODE PERTAINING TO HOURS OF OPERATION FOR COMMERCIAL PARKING LOTS LOCATED IN THE RESORT AREA SECTION AMENDED: § 23-58 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 23-58 of the City Code is hereby amended and 9 reordained to read as follows: 10 Sec. 23-58. Commercial parking lots. 11 (a) It shall be unlawful and a misdemeanor punishable by a 12 fine of not less than ten dollars ($10.00) nor more than one 13 thousand dollars ($1,000.00) for any person, firm, corporation or 14 other entity to operate a commercial parking lot without a valid 15 permit therefor or to operate a commercial parking lot in violation 16 of any of the requirements of this section. Each day that a 17 violation continues shall constitute a separate offense. In 18 addition to any fine imposed hereunder, and not in lieu thereof, 19 the continuing violation of any of the provisions of this section 20 may be enjoined or restrained by injunction. 21 (b) The provisions of this section, and the term "commercial 22 parking lot" as used in this section, shall apply to any lot used 23 principally for the parking of motor vehicles for a fee or other 24 consideration and shall not apply to lots upon which parking of 25 motor vehicles is accessory to the principal use of the premises. 26 (c) Any person, firm, corporation or other entity desiring a 27 permit required by this section shall make application therefor to 28 the city engineer. Each application shall set forth the name and 29 address of the applicant and, if different, the name and address of 30 the owner of the property upon which the proposed commercial 31 parking lot is to be located, and shall be accompanied by: 32 (1) A nonrefundable fee of one hundred dollars ($100.00). 33 (2) A site plan showing all elements required by this 34 section; provided, however, that no commercial parking 35 lot which was in actual operation prior to the effective 36 date of this section and which had not ceased operation 37 for a period of more than two (2) years shall be required 38 to submit or obtain approval of any such site plan, 39 unless such parking lot is enlarged, expanded, moved or 40 altered; and 41 (3) A bond in the amount of one thousand dollars ($1,000.00) 42 per acre of land occupied or fraction thereof, but no 43 less than one thousand dollars ($1,000.00) in any event, 44 with surety approved by the city attorney and conditioned 45 upon the owner's or operator's compliance with all of the 46 requirements of this section. 47 (d) No permit issued pursuant to this section shall be valid 48 for a period in excess of one year; provided, however, that permits 49 may be renewed, upon application, for additional periods not 50 exceeding one year. The requirements for renewal applications 51 shall be as set forth in subsection (c) hereof; provided, however, 52 that no site plan shall be required to be submitted unless the 53 parking lot is to be expanded, enlarged, moved or altered. 54 (e) It shall be a condition of every permit issued hereunder 55 that the city or its agents shall have the authority to enter upon 56 the commercial parking lot and perform any acts required to bring 57 the property into compliance with the provisions of this section in 58 the event the owner or operator, after being given notice of, and 59 a reasonable opportunity to correct, any condition of 60 noncompliance, shall fail to do so. 61 (f) Commercial parking lots shall, at all times, whether or 62 not in operation: 63 (1) Have an improved surface, which may consist of six-inch 64 aggregate or such other surface as may be approved by the 65 city engineer; 66 (2) Be completely enclosed, except at points of ingress and 67 egress, by a split-rail fence or other fence meeting the 68 requirements for fences set forth in the city's 69 landscaping, screening and buffering standards and 70 specifications, or by landscaping meeting the 71 requirements of the city's parking lot landscaping 72 specifications and standards pertaining to perimeter 73 screening, or shall be delineated, at the perimeter 74 thereof, by wheelstops. Such fencing and landscaping 75 shall at all times be maintained in good condition and 76 repair; 77 (3) Be secured at all points of ingress and egress by a metal 78 chain or gate, except during hours of operation; 79 (4) Contain no less than one trash receptacle, plainly 80 visible and marked as such, for every three thousand, 81 five hundred (3,500) square feet of lot area or fraction 82 thereof; 83 (5) Have upon the premises, during all hours of operation, at 84 least one attendant; and 85 (6) Be maintained in a clean and orderly condition at all 86 times. Ail trash receptacles shall be emptied and the 87 contents thereof properly disposed of at the close of 88 operation daily and at such other times as receptacles 89 become full. 90 (g) Notwithstanding the provisions of any other ordinance or 91 regulation, including, without limitation, section 1513 of the City 92 Zoning Ordinance, no commercial parking lot shall have more than 93 one sign per principal entrance. Notwithstanding any contrary 94 provision, no such sign shall exceed six (6) square feet per face 95 in surface area. Each sign shall contain the name of the 96 establishment, if any, times of operation and rates. Signs shall 97 otherwise comply with all applicable city sign regulations. 98 (h) Commercial parking lots shall be subject to inspection by 99 the city manager or his designee for purposes of determining 100 compliance with the provisions of this section, and no person shall 101 obstruct or interfere with such personnel as are authormzed by the 102 city manager to enforce this section in the lawful discharge of 103 their duties. 104 (i) Durinq the period from April 1 to September 30, 105 inclusive, commercial parkinq lots in the RT-1, RT-2, RT-3 and RT-4 106 Resort Tourist Districts shall be closed for business no later than 107 2:00 a.m., and shall be secured at all points of inqress and 108 eqress, as required by subsection (f) (3) of this section, as soon 109 thereafter as possible, but in any event no later than 2:30 a.m. 110 (&~) The provisions of this section shall be deemed to be 111 severable, and if any of the provisions hereof are adjudged to be 112 invalid or unenforceable, the remainder of this section shall 113 remain in full force and effect and its validity shall remain 114 unimpaired. 115 116 117 118 119 120 121 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 2nd day of March, 1999. CA-7262 DATA/OD IN/PRO POSED/23 - 058. ORD R2 PREPARED: February 10, 1999 Item V-K.2. - 18- ORDINANCES ITEM # 44707 Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, City Councd ADOPTED: Ordtnances to grant tnterest-free loans from the General Fund Balance re replacement ambulances: a. APPROPRIATE $100,000 to the Sandbrtdge Volunteer Rescue Squad Repayment to be $20,000 per year for five years b. APPROPRIATE $45,000 to the Plaza Volunteer Rescue Squad Repayment to be $15,000 per year for three years Voting' 11 -0 (By ConsenO Council Members Voting Aye Linwood O. Branch, III, Margaret L. Eure, William IV. Harrison, Jr, Harold Heischober, Barbara M Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor Wilham D Sessoms, Jr and A. M "Don" Weeks Council Members Voting Nay' None Counctl Members Absent. None March 2, 1999 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO APPROPRIATE $100,000 FROM FI/ND BALANCE IN THE GENERAL FUND FOR THE PURPOSE OF PROVIDING AN INTEREST-FREE LOAN TO THE SANDBRIDGE VOLUNTEER RESCUE SQUAD TO PURCHASE A REPLACEMENT AMBULANCE 12 WHEREAS, the Sandbridge Volunteer Rescue Squad ("Rescue 13 Squad") has determined that it is unfeasible to continue to use its 14 current ambulance, given its maintenance needs and frequent 15 service failures; 16 WHEREAS, the Rescue Squad does not presently have 17 adequate funds to purchase the replacement ambulance, but has 18 represented that its fund-raising efforts will provide sufficient 19 funds to repay an interest-free loan from the City of Virginia 20 Beach in the amount of $100,000; and 21 WHEREAS, the Rescue Squad has previously received 22 interest-free loans from the City and has repaid such loans on 23 or ahead of schedule. 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CiTY 25 OF VIRGINIA BEACH, VIRGINIA: 26 1. That funds in the amount of $100,000 are hereby 27 appropriated from fund balance in the General Fund for the purpose 28 of providing an interest-free loan to the Sandbridge Volunteer 29 Rescue Squad for the purchase of a replacement ambulance; 30 2. That the loan is to be repaid mn (5) equal annual 31 installments of $20,000 due on the 30th day of March each year, 32 with the first payment to be made on or before March 30, 2000 and 33 the last payment to be made on or before March 30, 2004. 34 35 36 Adopted by the Council of the City of Virginia Beach, 2 March Virginia, on the day of , 1999. 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Requires an affirmative vote by a majority of the members of City Council. CA-7270 ORD IN/NONCODE / SB - AMBUL. ORD FEBRUARY 22, 1999 Ri APPROVED AS TO CONTENT 51 53 _ . __ 54 Walter C. Kraemer ~- 55 Department of Management Services 56 57 58 59 60 APPROVED AS TO LEGAL SUFFICIENCY SANDBRDGE RESCUE AND FIRE, INC 305 Sandbridge Road Virginia Beach, Virginia 23456 (757) 721-2304 January 20, 1999 Mr. Bruce Edwards, Director Department of EMS 1917 Arctic Avenue Virginia Beach, Vkginia 23451 Deal' Blq2ce, The purpose of this letter is to request your support in petitioning the City for an ~nterest-fi'ee loan for the purchase of a new ambulance to replace our existing 1989 ambulance Sandbridge operates and maimains two ALS Type II ambulances. Unit 1721 is a 1995 unit that presently serves as our primary transport unit and unit 1720 which is a 1989 unit. Unit 1720 which is increasing in maintenance cost and decreasing in reliability lead the squad to a decision to replace that ambulance this year. We request, therefore, that an interest-flee loan in the amount of $100,000 be authorized by the City for the purchasing of a replacement ambulance for 1720. Sandbridge Rescue and Fire, Inc is prepared to repay the loan in five equal annual installments of $20,000 each, beginning twelve months from the receipt of the Kmds. Should you have any questions on any aspect of this request, please do not hesitate to contact me Sincerely, "~ cc. Rescue Captain Ambulance Comnuttee Chair Secretary AN ORDINANCE TO APPROPRIATE $45,000 FROM FUND BALANCE IN THE GENERAL FUND FOR THE PURPOSE OF PROVIDING AN INTEREST- FREE LOAN TO THE PLAZA VOLUNTEER RESCUE SQUAD TO PURCHASE A REPLACEMENT AMBULANCE WHEREAS, the Plaza Volunteer Rescue Squad ("Rescue 10 Squad") has determined that it is not feasible to continue to use 11 its current ambulance, given its high maintenance needs and 12 frequent service failures; 13 WHEREAS, the Rescue Squad has raised $64,703 towards the 14 purchase of the replacement ambulance, which will have a total cost 15 of $109,703; 16 WHEREAS, the Rescue Squad has represented that its fund- 17 raising efforts will provide sufficient funds to repay an interest- 18 free loan from the City of Virginia Beach in the amount of $45,000; 19 and 20 WHEREAS, the Rescue Squad has previously received 21 interest-free loans from the City and has repaid such loans on time 22 or ahead of schedule. 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 1. That funds in the amount of $45,000 are hereby 26 appropriated from fund balance in the General Fund for the purpose 27 of providing an interest-free loan to the Plaza Volunteer Rescue 28 Squad for the purchase of a replacement ambulance; 29 2. That the loan ms to be repaid in (3) equal annual 30 installments of $15,000 due on the 30th day of March each year, 31 with the first payment to be made on or before March 30, 2000 and 32 the last payment to be made on or before March 30, 2©02 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 day of March , 1999. 35 36 37 38 CA-7269 ORDIN/NONCODE/AMBULANC.ORD FEBRUARY 22, 1999 R1 39 4O 41 42 43 44 APPROVED AS TO CONTENT Walter C. Kraemer Department of Management Services APPROVED AS TO LEGAL SUFFI CI ENCY Department of Law PLAZA VOLUNTEER RESCUE SQUAD P.O. Box 2128 Virginia Beach, VA 23450 January 17, 1999 FROM- President, Plaza Volunteer Rescue Squad TO- Deputy Director Virginia Beach EMS SUBJ: REQUEST FOR CITY LOAN Bill, I hereby request a city loan for $45,000.00 to assist us in the purchase of a replacement ambulance for 1621. The current 1621 is a 1991 Ford with 135,000 miles and just worn out. We believe it is not economically feasible to re-chasis or refurbish the ambulance, but to completely replace it with a 1999 International Ambulance. The cost of this ambulance is $109,703.00. The International Ambulances hold up a great deal better and with the increased volume of rescue calls it will serve us for years to come. We are in receipt of written notice from the State EMS office that we have been approved for a 50/50 RSAF grant for a new ambulance in the amount of $47,000.00. Plaza Volunteer Rescue Squad will be putting $17,703.00 towards the ambulance. Due to our annual operating budget we feel that this is all that we can give without severely jeopardizing maintenance of our ambulances and service to the citizens. In summary, the break down of funds is as follows. - City loan ........ $45,000.00 - RSAF Grant ....... $47,000.00 - Plaza Rescue ..... $17.703.00 TOTAL ........... $109,703.00 If any additional information is needed please don't hesitate to call. William J. Walker JAN 1 9 1999 EMERGENCY - 19- Item V-K.2. ORDINANCES ITEM # 44 708 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl ADOPTED: Ltcense Refunds - $11,106.79 Voting: 11 -0 (By ConsenO Council Members Vottng Aye Ltnwood 0 Branch, III, Margaret L. Eure, William W Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wdham D. Sessoms, Jr and A. M "Don" Weeks Counctl Members Voting Nay None Counctl Members Absent None March 2, 1999 FORM NO C k 8 REV AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for hcense refunds, upon cert~ficabon of the Commissioner of the Revenue are hereby approved' NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID ALL ABOUT PAPER INC 1996-1998 BAKER INSTALLATIONS OF VA INC 1999 BEACH ELECTRONICS & MANUFACTURING INC 1999 BINGO CITY ENTERPRISES INC 1999 BIRDNECK PAWN SHOP INC 1999 BONEY WILSON & SONS INC 1999 CENTRALPLUMBING & HEATING INC 1999 DATALINE INC 1995-1998 ESLAMI GITA & YOUSEFIEH SAEID 1998 H R ELECTRIC 1999 HAMPTON ROADS FINANCE COMPANY 1999 HARWOOD INDUSTRIES INC 1999 HOLLYWOOD ENTERTAINMENT CORP 1999 HOSPITALITY MARKETING ADVISORS 1999 JAMES P KARIDES P C 1997-1998 JAMES VALLEY EQUIPMENT COMPANY 1999 KEEFE COMMISSARY NETWORK INC 1999 KlM HUNSU & ENJU 1999 LAKE SERVICES OF VA 1996-1997 LANEY CHARLES W 1996-1998 LAWN PERFECT INC 1999 LOYAL ORDER OF MOOSE 1999 M ROSENBLATT & SON INC 1999 MERCIER GARY E 1999 METRO ASSOCIATES INCORPORATED 1999 MICHAEL ANTHONY RIZZO STUDIO 1997-1998 MICHAELS STORES INC 8680 1999 MILO JAIME H 1999 Th~s ordinance shall be effective from date of adoption The above abatement(s) totahng C~ty of Virginia Beach on the $9,875.88 AUDIT 163 45 3 23 166 68 02/01/99 50 00 0 00 50 00 01/27/99 90 00 0 00 90 00 02/01/99 104 00 0 00 104 00 01/21/99 10 00 0 00 10 00 01/12/99 100 00 0 00 100 00 01/13/99 50 00 0 00 50 00 AUDIT 8,202 55 0 00 8,202 55 AUDIT 130 32 10 86 141 18 01/21/99 50 00 0 00 50 00 01/29/99 50 00 0 00 50 00 01/25/99 42 49 0 00 42 49 01/25/99 319 34 0 00 319 34 01/20/99 10 00 0 00 10 00 AUDIT 2 95 0 40 3 35 01/19/99 50 00 0 00 50 00 01/23/99 50 00 0 00 50 00 01/11/99 10 00 0 00 10 00 AUDIT 70 00 14 66 84 66 AUDIT 10 00 0 00 10 00 01/21/99 50 00 0 00 50 00 01/27/99 50 00 0 00 50 00 01/24/99 50 00 0 00 50 00 01/25/99 16 00 0 00 16 00 01/26/99 50 00 0 00 50 00 AUDIT 5 15 0 48 5 63 01/27/99 50 00 0 00 50 00 01/27/99 10 00 0 00 10 00 Ph,',p J ~,a~ Commissioner of the Revenue Approved as to form L~L~I~ L L,Iley- "- /_.._....--~ CIty Attorney were approved by March day of the Council of the 99 ,19 Ruth Hodges Smith C~ty Clerk FORM NO C A 8 REV 3/86 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following appl~cabons for license refunds, upon cert~flcabon of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID ADECCO EMPLOYMENT SERVICES INC 1999 CALABRO TELEPRODUCTIONS I NC 1999 COPELAND JEROME/KNUDSON CRAIG 1999 EIBAN JOHN W 1999 EXXON CORP 1999 FISCHER BRADLEY K 1999 FRIENDS SCHOOL INC 1999 GREGORY L V INC 1999 LANCE INC 1999 PACIFIC TRADING INC 1999 REM ORGANIZATION THE 1999 ROLLINS MARVIN JR 1996-1998 SCHINDLER ELEVATOR CORP 1999 SCIENCE APPLICATIONS INTERNATIONAL 1999 STERLING CHURCH ST FURNITURE 1999 W B MEREDITH II INC 1999 WARNCO ASSOCIATES INC 1999 WILLIAMS SAM R 1999 02/08/99 50 00 0 00 50 00 02/04/99 50 00 0 00 50 00 02/04/99 50 00 0 00 50 00 02/04/99 50 00 0 00 50 00 02/04/99 210 00 0 00 210 00 02~02/99 10 00 0 00 10 00 02/04/99 50 00 0 00 50 00 02~04/99 40 00 0 00 40 00 02/05/99 45 34 0 00 45 34 01/15/99 50 00 0 00 50 00 02/09/99 50 00 0 00 50 00 AUDIT 202 34 31 52 233 86 02/05~99 50 00 0 00 50 00 02/08~99 81 71 0 00 81 71 02~09~99 100 00 0 00 100 00 01/15/99 50 00 0 00 50 00 02/08~99 50 00 0 00 50 00 02~08~99 10 00 0 00 10 00 This ordinance shall be effective from date of adopbon The above abatement(s) totaling C~ty of V~rg~nla Beach on the $1,230 91 2 were day h~hp~J;~KellaFn- - _ Commissioner of the Revenue Approved as to form' C~ty Attorney approved by the Councd of the of March ,19 99 Ruth Hodges Smith City Clerk - 20- Item V-L. 1. APPOINTMENTS ITEM # 44 709 BY CONSENSUS, City Council RES CHED ULED : PARKS AND RECREATION COMMISSION AND, DEFERRED INDEFINITELY VIRGINIA BEACH CRIME TASK FORCE March 2, 1999 Item V-N. 1. - 21 - NE W BUSINESS ITEM # 44710 Deputy City Attorney Bill Macah referenced the approval of a subdivision on Dinwiddie Avenue in the Bayside Dtstrtct in the northwest corner of Shore Drtve where the Lesner Bridge crosses the Inlet This development was approved after City Counctl adopted the new regulations pertatmng to density restrtctions tn the Shore Drive Corridor. Those denstty restrtcttons essenttally provtded that on properttes between 30, 000 square feet and four acres, as thts property was, density be reduced from the pre-orchnance 36 units per acre to 24 units per acre. At the same time, because of the problem of vested rights, the Ctty Council adopted transition rules which provided that for developments which had been submttted tn stte plan form, but which had not been approved or had been disapproved under the old rules, the subdtvtder, or developer in thts case, had 30 days from the date of disapproval of the site plan in which to resubmit under the old zoning regulations. In this particular case, the original plan was filed on August 14, 1998, and was disapproved on October 28, 1998. The Shore Drtve Transition Rules, as well as the new denstty requtrements, were effective 15 days prtor to the date of disapproval of the stte plan (on October 13, 1998), however, the transttton rules gave developers/applicants 30 days from the date of disapproval of a site plan, under the old regulations, to submit, and have the site plan reviewed under the old regulattons The stte plan was re-filed wtthtn the 30 days or actually the date was on November 25, 1998, so tt was properly reviewed under the old rules for the denstty and other restrictions tn the Shore Drtve Corridor The tndtvtdual who had.filed the intttal appeal, James McElligott, had appealed under Sectton 7 2 of the Site Plan Ordinance, which provides that any deciston of the Ctty Manager or his destgnee may be modified - reversed or affirmed by City Counctl upon appeal by any party aggrteved to such decision wtthtn 30 days of the decision; however, it is very clear thatprovtston under which the appeal was tendered only apphes tn cases tn whtch a variance to one or more provisions of the Stte Plan Ordinance has been granted In other words, tf a stte plan has been approved, wtthout the granting of vartances that provtsion does not apply No one, but the apphcant himself, has the right to appeal that decision. A stte plan ts submttted, tf tt meets all the requirements of the Code - as this one did - no one may appeal thts, because the granting of a stte plan ts what ts called a "mtmsterialfunction" If the applicant meets all the requtrements of the Code, he ts entitled to have his site plan approved The date of approval was December 17, 1998 Essentially, the Ctty wrote to Mr. McElligott that the site plan approval could not be appealed to the City Counctl. Mr. McElligott and other residents of the nearby area retained Counsel to then ask the Mayor relattve this sttuatton. They dtd make five particular allegations. Ifa site plan ts.filed and tt meets all the requirements of the Code, the applicant ts entitled to approval It ts only when one or more of the requtrements of the site plan are given a vartance that another party, besides the applicant, has a right to appeal With respect to the condition, ".4 walkway shall be provtded over the dune, subject to stte plan review", at thts potnt, there is an extsttng pedestrtan access path which leads to the beach at the end of Dtnwiddie Road, whtch ts west of the sand dune. To requtre the developer to construct a walkway over the dune would cause a disturbance to that area and would duplicate the extsttng access path. Bastcally, the Planning Director revtewed same and determined since there was a directton that the walkway be provtded, subject to site plan review and there was an existing path to the ocean, tn order to avotd further chsturbance to the dune, the walkway across the dune would not be provtded. Concern was expressed relative the ingress and egress to this project being on a small side street. They would have preferred same betng on and offShore Drive. March 2, 1999 Item V-N.2. - 22 - NE W BUSINESS ITEM # 44711 Don Maxwell, Dtrector of Economic Development, introduced the Irish Delegation from Bangor, Northern Ireland: Marisden Fitzsimons, Mayor and Wife, Beth Adrian McDowell, Town Manager and Town Clerk and Wife, Margaret Leslie Cree, Alderman and Wife, Irene Alan Chambers, Councillor Mayor Oberndorf advised a Receptton wtll be held tn honor of the Bangor Delegatton on Wednesday, March 3, 1999, at the Department of Economtc Development, from 5:00 P M to 7 O0 P.M. March 2, 1999 Item V-O. - 23 - Al)JO URNMENT ITEM # 44712 Mayor Meyera E Oberndorf DECLARED the City Council Meeting ADJOURNED at 2:55 P.M. Beverly 0 Hooks, CMC/AAE Chief Deputy City Clerk City Clerk Meyera E Oberndorf Mayor Ctty of Virginia Beach Virgtnta March 2, 1999