The URL can be used to link to this page

SEPTEMBER 8, 1998 MINUTESCITY COUNCIL City of Virginia t4cach "WORLD'S LARGEST RESORT CITY" MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR WILLIAM D. SESSOMS, JR., At-Large LINWOOD O. BRANCH 1II, District 6-Beach MARGARET L. EURE, District l-Centerville WILLIAM W. HARRISON, JR., District 5-Lynnhaven HAROLD HEISCHOBER. At-Large BARBARA M. HENLEY, District 7-Princess Anne LOUIS R. JONES, District 4-Bayside REBA S. McCLANAN, District 3-Rose Itall NANCY K. PARKER, At-Large A.M. (DON) WEEKS, District 2-Kempsville JAMES K. SPORE, City Manager LESLIE L. LILLEY, City Attorney RUTH HODGES SMITH, CMC/AAE, City Clerk CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PtfONE: (757) 427-4303 FAX: (757) 426-5669 EMAIL: CTYCNCL~CITY.VIRGINIA-BEACH.VA.US 08 SEPTEMBER 1998 CITY MANAGER'S BRIEFINGS - Conference Room - 10:30AM Ao Bo Co YEAR 2000 (Y2K) David Sullivan, Director, Department of Informational Technology RESORT AREA ADVISORY COMMISSION (RAAC) James B. Ricketts, Director, Department of Convention and Visitor Development FY 1997-1998 YEAR-END FUND BALANCE Patricia A. Phillips, Director, Department of Finance II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL CONCERNS IV. 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 V. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: The Reverend Jack Smith First Church of the Nazarene Co 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 01 September 1998 G. AGENDA FOR FORMAL SESSION 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. H. ORDINANCES Ordinance to AMEND and REORDAIN Section 21-459 of the City Code re pedestrian control signals. Ordinances re FY 1997-1998 School Operating Fund: AMEND Ordinance #98-2489H; and, APPROPRIATE $1,706,697 in FY 1997- 1998 School Operating Fund Reversion to Project #1-209 buses and vehicles backlog bo AMEND Ordinance #98-2489Q; AMEND Capital Project #1-212 Elementary School Modernization Program; REDUCING APPROPRIATIONS to a total of $72,114,324 in FY 1998-1999; and, changing funding sources in accordance with the proposed November 3, 1998, School Bond Referendum. Co Ordinance to APPROPRIATE $750,000 from EXCESS FY 1997-1998 revenues ~n the Fund Balance to the FY 1998-1999 School Operating Fund Instructional Category re costs associated with the Early Retirement Incentive Program (ERIP). ° Ordinance to establish Capital Project #7-015, Lynnhaven Drive Drainage Outfall; and, APPROPRIATE $180,000 from the Storm Water Enterprise Fund's retained earnings to the Project in the FY 1998-1999 Capital Budget for design and construction costs. 4. License Refunds: $143,539.95 PUBLIC HEARING - PLANNING PLANNING BY CONSENT - To be determined during the Agenda Review Session. 1. Application of SPRINT PCS and C.E. FOREHAND III for a Conditional Use Permit for a communication antenna_ on the East side of Baker Road, North of Thurston Avenue (1424 Baker Road), containing 4.364 acres (DISTRICT 4 - BAYSIDE). Recommendation: APPROVAL Application of WILMIK, INC. for a Conditional Use Permit for a contractors bulk storage yard on the North side of Virginia Beach Boulevard, beginning 660 feet West of First Colonial Road, containing 27,500 square feet (DISTRICT 5 - LYNNHAVEN). Recommendation: APPROVAL Application of THALIA UNITED METHODIST CHURCH for a Conditional Use. Permit for a ~ at the Southwest intersection of Virginia Beach Boulevard and ~orth Fir Avenue (211 North Fir Avenue), containing 39,900 square feet (DISTRICT 3 - ROSE HALL). Recommendation: APPROVAL Application of TRACY B. CURRY for a Conditional Use Permit for mini-warehouses on Section 1, Part of Parcel A, Cherry Park (6632 Indian River Road), containing 2.41 acres (DISTRICT 1 - CENTERVILLE). Recommendation: APPROVAL Application of SAINT MATTHEW'S CATHOLIC CHURCH for a Conditional Use Permit for a church addition (classrooms) 115 feet more or less North of the intersection of Sandra Lane and Trestman Avenue (3314 Sandra Lane), containing 13.013 acres (DISTRICT 1 - CENTERVILLE). Recommendation: APPROVAL o RECONSIDERATION TO ALLOW MODIFICATION OF CONDITIONS in the 13 January 1998 approved application of THE FOUNDERS VILLAGE, INC. for changes of zoning from B-1 Neighborhood Business District, I-1 Light Industrial District and R-5D. Residential Duplex District to 0-2 Office District at the Northwest quadrant of thc intersection of Regent University Drive and Jake Sears Road, now applying as THE CHRISTIAN BROADCASTING NETWORK (DISTRICT 1 - CENTERVILLE). Recommendation: APPROVAL Application of McGINNIS REALTY and DEVELOPMENT COMPANY for a Conditional Change of Zoning District Classification. from AG-1 and AG-2 Agricultural Districts to Conditional R- 10 Residential District on the East side of Holland Road beginning 284.20 feet South of Saville Garden Way, containing 13 acres (DISTRICT 7 - PRINCESS ANNE). Deferred: 25 August 1998 Recommendation: APPROVAL o Application of COWAN CONSTRUCTION AND DESIGN, INC. for a Change of Zoning District Classification from A-12 Apartment District to R-5S Residential Single Family District. at the Southwest comer of Alabama Avenue and Garfield Avenue, containing 23,958 square feet (DISTRICT 3 - ROSE HALL). Recommendation: APPROVAL o Ordinance to AMEND and REORDAIN Sections 111,401,801,901 and 1001 of the City Zoning Ordinance (CZO) and to ADD new Section 233.15 re fiber optics transmission facilities, Recommendation: APPROVAL j. APPOINTMENTS DEVELOPMENT AUTHORITY WETLANDS BOARD K. UNFINISHED BUSINESS L. NEW BUSINESS M. 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) 09/03/98/cmd AGENDA\09-08-98.PLN www.virginia-beach.va.usa. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H l E 0 H I M B I A S C E S I BER 1998 B R C H C R P E I DATE: 01 SEPTEM E J L N A S V R R H PAGE: I A E I O N O A D .R. (~ ~i N U S B L N N O K L] C R O E E E A R E M I~ II AGENDA .......... OTS H E N R Y S ~ F R S ~ II IIIIIIIII CERTIFICATION OF EXECUTIVE CERTIFIED 10-0 A Y Y Y Y Y Y Y Y II IV/E SESSION ~-~~ . .. - y y y y y Y I' 11 F/1 vllNUTES - 25 August 1998 APPROVED 9-0 A Y Y i / ' G/H~ PUBLIC HEARING: NO ! I~ 1 LOCAL LAW ENFORCEMENT SPEAKERS t !1 ~ BLOCKGRAhT - ~ -- y y y y y y'~ '~l /1 Ordinance to ACCEPTIAPPROPRIATE a ADOPTED 10-0 A Y Y Y ' I ' $281,902 Grant from Federal Bureau of BY CONSENT ~ II Justice Assistance: a $155,224 - Judgmental Shooting Simulator (Police Dept) ) II b $ 72,000 - Bullet-proof vests (Sheriff's c $ 35,000 - Video conferencing equipment ) II (Commonwealth's Atty's Office) d $ 30,000/-Drug Treatment/ $ 21,000 Drug Court Initiative I II AND (General Distdct Court) II TRANSFER $31,322 as City's match I Yii 2 Ordinance to AMEND Ordinance ADOPTED 10-0 A Y Y Y Y Y Y Y Y Y No. 97-2462C re Conservation of the BY CONSENT Public Water Supply delineating 75% to I II residential/25% to non-residential uses/ ! II Director of Public Utilities shall report annually [ !1 3 Ordinance to APPROPRIATE $45,000 ADOPTED 10-0 a Y Y Y Y Y Y Y Y Y IY Ii re an interest-free loan to Princess Anne BY CONSENT I II Court House Volunteer Rescue Squad 4 Ordinance toACCEPT/APPROPRIATE ADOPTED 10-0 A Y Y Y Y Y Y Y Y Y ~ Y II an $11,000 Grant from VA Dept of Health BY CONSENT EMS to Emergency Medical Services re / II defibrillators / II 5 Ordinance to authorize acquisition of ADOPTED 10-0 A Y Y Y Y Y Y Y Y Y I Y II property in fee simple re park/other public BY CONSENT purposes for Bow Creek Neighborhood I II Park Project by agreement or condemnation /I] Tax - $ 8,346.58 / ~ j APPOINTMENTS: COMMUNITY SERVICES BOARD RESCHEDULED a Y C O N S E N S U / S (CSB) DEVELOPMENT AUTHORITY WETLANDS BOARD CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 H M B A S C E S DATE: 01 SEPTEMBER 1998 B R C H C R P E R R H E J L N A S W PAGE: 2 A E O N O A D R S E N U S B L N N O K O E C R O E E E A R E M K AGENDA H E N R Y S N F R S S TEM # SUBJECT MOTION VOTE ..... ~,DD- OPEN SPACE ADVISORY APPOINTED 10-0 A Y Y Y Y Y Y Y Y Y Y ON COMMITTEE (No Term) W Leigh Ansell, Esq PARKS/RECREATION COMMISSION APPOINTED 10-0 A Y Y Y Y Y Y Y Y Y Y Wanda Crabtree (At Large) Unexp thru 0813112001 Walter W ~/Vally" Erb (District 2 - Three Year Kempsville) Terms 09/01/98 Ray Marion (District 3 - thru Rose Hall) 08/31/2001 Lillie R Gilbert (At Large) ~.EAPPOINTED 10-0 A Y Y Y Y Y Y Y Y Y Y Three Year Term 09/01/98 - 08/31/2001 SOUTHEASTERN HAMPTON ROADS APPOINTED 10-0 A Y Y Y Y Y Y Y Y Y Y DISABILITY SERVICES BOARD (No Term) Robert "Bob" Barnaby Jr K Briefing re Hurricane "Bonnie" Clarence O ~,DD- Warnstaff Director Public ON Utilities/ Acting Director Public Works L Recess to Executive Session @ 2:55 PM APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y ADD- re: ON I 31~ Street 2 Rudee Loop ADD- Certify Executive Session CERTIFIED 9-0 Y A y y y y y y y Y A ON 3:45 PM M ADJOURNMENT: .... MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 8, 1998 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFINGS in the Council Conference Room, City Hall Building, on September 8, 1998, at 10:30 AM. The YEAR 2000 Briefing was DEFERRED for two weeks. Council Members Present: Margaret L. Eure, Linwood O. Branch, III, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf , Nancy K. Parker, Vice Mayor William D. Sessoms and A. M. "Don" Weeks Council Members Absent: William W. Harrison, Jr. [TAKING SON, WRIGHT, TO THE HOTCHKISS SCHOOL IN LAKEVIEW, CONNECTICUT] -2- CITY MANAGER'S BRIEFING RESORT AREA AD VISOR Y COMMISSION (RAA C) 10:33 A.M. ITEM# 44029 James B. Ricketts, Director - Convention and Visitor Development, advised in June 1998, the RAAC held a RETREAT to evaluate their effectiveness and determine future direction. It was determined there were several key purposes and roles that the RAAC could fulfill to support the City Council's efforts to realize its vison of Virginia Beach as a resort destination. Councilman Branch, several department directors, and the City Manager were in attendance at this retreat. The following was distributed to City Council and is hereby made a part of the record: A summary oftheRAACI998Leadership Workshop report, facilitatedby Lyle Sumek. A draft of the RAC bylaws and related ordinance extending the RAC as an appointed commission to June 30, 2004. The Ordinance changes the name of the Resort Area Advisory Commission (RAAC) to the Resort Advisory Commission (RAC) and clarifies that the amendments to the BYLAWS can be approved only by City Council. The ordinance changes the responsibility of the Commission in respect to the Tourism Growth and Investment Fund by dropping the word "oversight" and leaving the R/IC as a monitoring agency for the Tourism Growth and Investment Special Revenue Fund. The City staff has made amendments to the BYLAWS, which have been acceptable to the Resort Area Advisory Commission. Mr. Ricketts wished to review five issues concerning the B YLA WS: Extension of RAC as an appointive Commission to June 30, 2004. This extension has been moved to coincide with the end of the Fiscal Year. Membership: the RAC recommends the elected leadership, or their designees, of the Virginia Beach Council of the Hampton Roads Chamber of Commerce, the Council of Civic Organizations and the Resort Leadership Council be automatically appointed to RAC. Membership should include at least 3 design professionals with expertise in the fields of architecture, urban design, land use planning, landscape architecture, transportation planning or other design fields important to realizing the purpose of the Commission. TGIF: RAA C is recommending the responsibility for oversight of that fund be changed to more of an advisory role. The word "monitor" has been utilized for this purpose. By October 15tn of each year, the Commission shall prepare and submit an Annual Tourism Growth and lnvestment Report to the City Manager who shall transmit it to the City Council. This Report shall include the Commission's evaluation of the status of the TGIF Special Revenue Fund and its recommendations for the use of TGIF in the upcoming budget cycle. This report shall also include Commission recommendations for non- TGIF financed operating and capital budgeting initiatives that are consistent with the Commission's purpose. Geographic responsibilities and changing of name to the "Resort Advisory Commission": The Commission would prefer input if City Council agrees to issues that are city-wide. The tourism industry goes beyond the Resort Area. The general purpose of the Resort Advisory Commission shall be to review and make recommendations to City Council regarding (I) projects and issues associates with the Oceanfront Resort Area, and (ii) such other resort and/or tourism-related projects and issues as the Council may refer to the Commission. Communications: The Commission and the Department of Convention and Visitor Development shah make a special effort to establish open lines of communication with other City agencies and these include the Development Authority, Planning Commission, Shore Drive Advisory Commission, Beach Events Steering Committing, Advertising Advisory Committee, City Manager's Resort Area Task Force. September 8, 1998 -$- CITY MANAGER'S BRIEFING RESORT AREA AD VISOR Y COMMISSION (RAAC) ITEM # 44029 (Continued) Cheyney Cole, Chair of the RAAC, advised meeting with Peter Lawrence of the Resort Leadership Council. The RAA C viewed the RLC as the lobbying arm for the business interest in the Oceanfront. The approach of RAC, from the beginning, would be an objective voice. There are many cases in which RAC and RLC will probably agree. However, there are some areas in which they will not agree as RAAC is attempting to balance what is good for the City as a whole, as opposed to what they might view as strictly beneficial to the Resort Area. The geographical boundaries established in the original charter of RAAC will be retained; however, if something does occur which is tourist related in another area of the City and City Council feels it appropriate, a question or study could be referred to the Commission. Councilman Branch is the Council Liaison with the RAAC and will continue with RAC. Council Lady McClanan expressed concern relative the Commission being male-dominated. Councilman Heischober suggested a representative of the youth community be appointed in an Ex-Officio capacity to provide an alternative view. Mayor Oberndorf advised she received comments from the mature community who are interested in having additional benches in the Resort Area. Council Lady Parker encouraged the trash in the Resort Area be put out in the morning and not at night. Mayor Oberndorf requested Chairman Cole remind the merchants of their promise to leave their lights on at night so the streets will not be so dark. September 8, 1998 -4- CITY MANAGER'S BRIEFING FY 1997-1998 YEAR-END FUND BALANCE 11:00 A.M. ITEM # 44030 Patricia A. Phillips, Director of Finance, advised there is a typographical error in the Summary of Expenditures. School Expenditures Variance would be $15.2-MILLION rather than 5.2-MILLION. General Fund Expenditures were $549.1-MILLION, $25.8-MILLION less than budget. General Fund Revenues were $539.5-MILLION, $5. I-MILLION greater than budget. This increase over budget for revenues is primarily the result of personal property taxes, business license taxes and interest on bank deposits. Hotel room taxes, restaurant meal taxes, city taxes on deeds also contributed significantly to the increase in revenues. General sales tax receipts were under the budgeted amount by SI.I-MILLION. Amounts budgeted for sales taxes anticipated an increase of 6. 6% while, statewide, actual increases were approximately 5.5 percent. In Virginia Beach, the actual increase was 3.3 % over 1997. In addition, utility taxes, while a significant increase over the prior year, were under budget by $2-MILLION. GENERAL FUND REVENUES Areas of Major Variance from Budget for Fiscal Year Ended 6/30/98 (in Millions) Budget Actual Variance % Increase over prior year Local Revenues Personal Property $ 69.4 $ 71.3 $1.9 10.9% Business License 22.5 23.8 1.3 2.0 Utility Taxes 31.3 29.3 (2.0) 11.0 General Sales 36.2 35.1 (1.1) 3.3 City Tax on Deeds 2.1 2.8 .7 26.2 Hotel Room 10.0 10.4 0.4 6.1 Restaurant Meal 21.6 22.0 0.4 6. 6 Use of Money and 6.1 8.6 2.5 4.3 Property Other Revenue, 285.3 286.2. 0._..~9 4.._~4 Net 484.5. 489.5, 5.0 5.7 Revenue from 39.1 39.0 (. 1) 3.5 Commonwealth Revenue from 10. 8. I 1.0 0.2 20.5 Federal Government Total General ~ $539.5 $ 5.1 5.8% Fund Revenues Departmental and other City expenditures were under budget by $10.6-MILLION, while the Schools reversion was $15.2-MILLION, amounting to a total of $25.8-MILLION. The most significant City expenditures that were under budget were Police, Social Services, Public Works and Fire. September 8, 1998 -5- CITY MANAGER'S BRIEFING FY 1997-1998 YEAR-END FUND BALANCE ITEM # 44030 (Continued) CITY OF VIRGINIA BEACH GENERAL FUND UNDESIGNA TED FUND BALANCE JUNE 30, 1998 (in Millions) Projected Total Fund Balance June 30, 1998 $ 97.9 Less: Reservations and Designations Encumbrances $ 3.7 Loans, Prepaids 8.4 Y2K Reservation 1.4 City CIP - 1998-99 6. 3 School CIP & Textbook Fund 14. I School Reserve Fund per Revenue Sharing I. 0 Policy Unappropriated amount of School l._J.l Reversion Projected Undesignated Fund Balance 61.9 LESS: Fund Balance Policy- 82.5% 56.8. Amount above Policy 5.1. LESS: Potential Allocation - Gainsharing 1.__~6 Amount Unallocated & Unreserved $3.5 Mrs. Phillips cited the Ordinances contained within City Council's Agenda: H. 2. Ordinances re FY 1997-1998 School Operating Fund: a. AMEND Ordinance #98-2489H; and, APPROPRIATE $1,706,697 in FY 1997-1998 School Operating Fund Reversion to Project gl-209 buses and vehicles backlog b. AMEND Ordinance #98-2489Q; AMEND Capital Project #1-212 Elementary School Modernization Program; REDUCING APPROPRIATIONS to a total of $ 72,114, 324 in FY 1998-1999; and, changing funding sources in accordance with the proposed November 3, 1998, School Bond Referendum. c. Ordinance to APPROPRIATE $750, O00 from EXCESS FY 1997- 1998 revenues in the Fund Balance to the FY 1998-1999 School Operating Fund Instructional Category re costs associated with the Early Retirement Incentive Program (ERIP). Ordinances a and b are to replace the ones adopted as part of the CIP on May 12, 1998. H. 2. a wilt delete project #1-196 Instructional Technology and appropriate $1,806,697 from the School Operating Fund FY 1997-98 reversion to project #1-209 Buses and Vehicles Backlog. This amount, in addition to the amount in the operating budget, will allow for the acquisition of school vehicles and reduce the bacMog. Ordinance H. 2. b. will revise funding sources for project #1-212 Elementary School Modernization Program in accordance with the proposed November 3, 1998, School Bond Referendum. This will reflect the project financing alternative adopted by City Council on August 18, 1998, in which additional contributions from the State, additional FY 1997-98 School Reversions, and increased pay-as-you-go funding were used to further reduce debt.financing. As a result, the original referendum amount of $76,700,000 has been reduced to $57,500,000. September 8, 1998 -6- CITY MANAGER'S BRIEFING FY 1997-1998 YEAR-END FUND BALANCE ITEM # 44030 (Continued) The City Council by action of August 18, 1998, directed $9.7-MILLION in ending balances from the FY 1997-98 School Operating Fund applies to the Elementary School Modernization Program, so that the needed Referendum bonds and associated real estate tax rate increase could be minimized. FY 1997-98 collections of those revenues included in the City/School Revenue Sharing policy have exceeded projections. The School share of the excess is $1,004,423. Relative Ordinance H. 2. c., it is proposed to allocate $750,000 to the Early Retirement lncentive Program (ERIP) (twice the amount budgeted for this program in FY1997- 98) with the balance of the excess directed toward acquisition of additional buses through capital project #1- 209 Buses and Vehicles Backlog. Information relative the number of school buses purchased shall be provided. SCHOOL OPERATING FUND STATEMENT OF REVENUES, EXPENDITURES AND ENCUMBRANCES FOR FISCAL YEAR ENDED 6/30/98 (in Millions) Budget Actual Variance REVENUES City $182.2 $167.0 $ (15.2) * Local 48.5 49.0 0.5 from Commonwealth 172.4 173.4 1.0 from Federal Government 8. O. 12.5. 4.._~5 TO TAL RE VENUES $ 411.1 ~ ~ EXPENDITURES Instruction $ 344.0 $ 338.3 $ 5.7 Administration, Attendance & 12.8 11.9 O. 9 Health Pupil Transportation 17. 0 16. 8 0.2 Operations and Maintenance 44.6. 42.3_ 2.3 TOTAL EXPENDITURES & ~ 40~9.3 ~; 9.1 ENCUMBRANCES. *Reversion amount CounciI Lady Eure referenced Exhibit A-1 (Statement of Revenues, Expenditures and Encumbrances). Mrs. Phillips advised departments do not overspend their budget. Relative the Museums, this 101.35 percent obligated has to do with their inventory. When sales are up, additional inventory must be purchased which drives up the percentage on this side of the equation. Council Lady Eure referenced the Tourism Growth Investment Fund with a percent obligated ofi04.58% and the Tourism Advertising Program Fund with a percent obligated of 105.27%. Mrs. Phillips advised the transfers to the TGIF and TAP are based on the way the revenues are received. Those funds have certain percentages of the hotel and the meal tax; therefore, when the revenues in those particular categories are doing very well, the transfers increase. Mrs. Phillips advised Councilman Branch relative the "car tax" issue, the amount from the local revenues will be decreasing while the amount from the State will be increasing. If it works the way it is planned, the City should balance out. The growth factor, as a result of the reduction in personal property, will be nil. The City is on a modified accrual basis. Councilman Heischober understood the next decrease in personal property tax would not be handled in the same manner as the last one. The funds went directly to the individual. As he understands now, the citizen puts in a claim for the equivalent personal property tax and then the state reimburses the individual. Mrs. Phillips advised if the funds are received within 45 days after year's end, these can be accrued. Beyond that the situation must be investigated. Mrs. Phillips did not see any reason why the State could not pay in that period of time. September 8, 1998 -7- AGENDA RE VIEW SESSION II:25 A.M. ITEM # 44031 H. 2. Ordinances re FY 1997-1998 School Operating Fund: AMEND Ordinance #98-2489H; and, APPROPRIATE $1,706, 697 in FY 1997-1998 School Operating Fund Reversion to Project #1-209 buses and vehicles backlog AMEND Ordinance #98-2489Q; AMEND Capital Project #1-212 Elementary School Modernization Program; REDUCING APPROPRIATIONS to a total of $ 72,114, 324 in FY 1998-1999; and, changing funding sources in accordance with the proposed November 3, 1998, School Bond Referendum. c. Ordinance to APPROPRIATE $750,000 from EXCESS FY 1997- 1998 revenues in the Fund Balance to the FY 1998-1999 School Operating Fund Instructional Category re costs associated with the Early Retirement Incentive Program (ERIP). E. Dean Block, Director of Management Services, advised relative Ordinance H. 2. a., concerning school buses. In the year just ended 1997-1998, the school system expended $2.13-MILLION on buses and purchased 49. Given what has been approved today in their Operating Budget and the Capital Improvement Program plus the funds contained within this Ordinance, the School system would have a total of $3.2- MILLION to expend on buses in the present Fiscal Year, which could acquire 64 busses. Therefore, a total of lI3 buses would have been acquired over the last two years. In addition, the School system will have $570,000, which they will have available to utilize for their "yellow" trucks and other vehicles in their system which also must be replaced. Mayor Oberndorf advised one of the major news items on Good Morning America, this morning, was Mr. Pace and one of the school bus drivers from Virginia Beach discussing the difficulty of attracting a quality of individuals who wish to drive. The drivers receive $8.50 an hour and an employee who works four hours a day receives full benefits. The interviewers believed this was the most generous package they were aware of in any City. Mr. Block advised Council Lady Parker there are approximately 60 to 70 buses which are still over the twelve year age limit; however the comments from School staff have indicated good progress in the deficiencies which occurred in the early 1990's when funds budgeted for buses were diverted without knowledge of the School Board or the City Council. The School does not have a problem with the diesel buses reaching 14years of age as opposed to twelve. The twelve years is not a requirement. Relative tt. 2. c., Mr. Block has discussed this with Vicky Lewis, Division Chief Financial Officer - Schools, who believes the School can accommodate any other adjustments necessary within their budget to handle the final cost. The School Board has been advised by legal counsel that payments to Retirees currently in the ERIP program cannot be suspended. The ERIP was established four or five years ago. ITEM # 44032 B Y CONSENSUS, the following items shall compose the CONSENTAGENDA: ORDINANCES HI. Ordinance to AMEND and REORDAIN Section 21-459 of the City Code re pedestrian control signals. September 8, 1998 -8- AGENDA RE VIEW SESSION ITEM # 44032 (Continued) H2. Ordinances re FY 1997-1998 School Operating Fund: AMEND Ordinance #98-2489H; and, APPROPRIATE $1,706,697 in FY 1997-1998 School Operating Fund Reversion to Project #1-209 buses and vehicles backlog AMEND Ordinance #98-2489Q; AMEND Capital Project #1-212 Elementary School Modernization Program; REDUCING APPROPRIATIONS to a total of $ 72,114, 324 in FY 1998-1999; and, changing funding sources in accordance with the proposed November 3, 1998, School Bond Referendum. Ordinance to APPROPRIATE $ 750, O00 from EXCESS FY 1997- 1998 revenues in the Fund Balance to the FY 1998-1999 School Operating Fund Instructional Category re costs associated with the Early Retirement Incentive Program (ERIP). H. 3 Ordinance to establish Capital Project #7-015, Lynnhaven Drive Drainage Outfall; and, APPROPRIATE $180, O00 from the Storm Water Enterprise Fund's retained earnings to the Project in the FY 1998-1999 Capital Budget for design and construction costs. H. 4 License Refunds: $143,539.95 September 8, 1998 -9- AGENDA RE VIE ~V SESSION ITEM # 44033 1.2 Application of WILMIK, INC. for a Conditional Use Permit. for a contractors bulk storage yard on the North side of Virginia Beach Boulevard, beginning 660feet West of First Colonial Road, containing 2 7,500 square feet (DISTRICT 5 - L YN'NHA VEN). Council Lady Parker expressed concern relative this being a storage yard forever. Does the City Council wish this area to stay as a major storage use? Karen Laslie, Planning Co-ordinator, advised the Planning Commission was equally concerned relative the use. The very high quality building will be constructed according to the rendering which is apart of City Council's Agenda. This will be visible from Virginia Beach Boulevard. The storage portion will be totally enclosed with a privacy fence. There are other industrial type uses adjacent to this application. Council Lady Parker suggested this be reviewed within approximately fiye years. Council Lady Eure inquired relative a proposed variance. Ms. Laslie advised the applicant would like to seek a variance to the landscaping normally required on the outside of the fence. The Planning Commission believes this is appropriate as there are industrial uses in the back which would not have any benefit from landscaping. Council Lady Eure supported Council Lady Parker's condition of administrative review and suggested it be between fifieen and twenty years. This item will be discussed during the Formal Session. ITEM # 44034 1.4. Application of TR/ICY B. CURRY for a Conditional Use Permit for mini-warehouses on Section 1, Part of Parcel A, Cherry Park (6632 Indian River Road), containing 2.41 acres (DISTRICT 1 - CENTER VILLE). Council Lady Parker inquired if, when going down Sandra Lane, the back of the building with some shrubbery behind it would be in view. Shrubbery is never replaced and this could become an area for graffiti. The wrought iron fence is only on Indian River Road. ITEM # 43035 1.5. Application of SAINT MA TTHEW'S CA THOLIC CHUR CH for a Conditional Use Permit for a church addition (classrooms) 115 feet more or less North of the intersection of Sandra Lane and Trestman Avenue (3314 Sandra Lane), containing 13.013 acres (DISTRICT 1 - CENTER VILLE). This item will be discussed during Formal Session. There is considerable opposition. ITEM # 44036 1.6 RECONSIDERATION TO ALLOW MODIFICATION OF CONDITIONS in the 13 January 1998 approved application of THE FOUNDERS VILLAGE, INC. for changes of zoning from B-1 Neighborhood Business District, I-1 Light Industrial District. and R-5D Residential Duplex District to 0-2 Office District at the Northwest quadrant of the intersection of Regent University Drive and ,lake Sears Road, now applying as THE CHRISTIAN BROADCASTING NETWORK (DISTRICT 1 - CENTER V[LLE Council Lady Eure expressed concern relative evaluation of a plan and if the applicant now modifying same would move from single family to apartments. Council Lady Eure would like to have the applicant adhere to their original plan. Council Lady McClanan advised this is a congested plan and concurred with Council Lady Eure. She will vote a VERBAL NAY on this item. September 8, 1998 - 10- AGENDA RE VIEW SESSION ITEM ii 4403 7 1.7. Application of McGINNIS REALTY and DEVELOPMENT COMPANY for a Conditional Change of Zoning District Classification. from AG-1 and AG-2 Agricultural Districts to Conditional R-lO Residential District on the East side of Holland Road beginning 284.20 feet South of Saville Garden Way, containing 13 acres (DISTRICT 7- PRINCESS ANNE). Council Lady Henley advised she had not heard from the opposition; however, she received correspondence from Mr. McGinnis and believed his points were well made. 1.7 ITEMii 44038 Application of COWAN CONSTRUCTIONAND DESIGN, INC. for a Change of Zoning District Classification. from A-12. Apartment District to R-5S Residential Single Family District at the Southwest corner of Alabama Avenue and Garfield Avenue, containing 23, 958 square feet (DISTRICT 3 - ROSE HALL). Council Lady McClanan complimented this company for their excellent construction of homes. ITEM ii 44039 B Y CONSENSUS, the following items shall compose the PLANNING BY CONSENTAGENDA: L1. Application of SPRINT PCS and C.E. FOREHAND III for a Conditional Use Permit. for a communication antenna on the East side of Baker Road, North of Thurston Avenue (1424 Baker Road), containing 4.364 acres (DISTRICT 4 - BA YSIDE). 1.2. Application of WILMIK, INC. for a Conditional Use Permit for a contractors bulk storage yard. on the North side of Virginia Beach Boulevard, beginning 660feet West of First Colonial Road, containing 2 7,500 square feet (DISTRICT 5 - L YNNHA VEN). 1.3. Application of THALL4 UNITED METHODIST CHURCH for a Conditional Use Permit for a parking lot at the Southwest intersection of Virginia Beach Boulevard and North Fir Avenue (211 North Fir Avenue), containing 39,900 square feet (DISTRICT 3 - ROSE HALL). 1.4. Application of TRACY B. CURRY for a Conditional Use Permit for mini-warehouses on Section 1, Part of Parcel A, Cherry Park (6632 Indian River Road), containing 2.41 acres (DISTRICT 1 - CENTER VILLE). L6. RECONSIDERATION TO ALLOW MODIFICATION OF CONDITIONS in the 13 January 1998 approved application of THE FOUNDERS VILLAGE, INC. for changes of zoningfrom B- i Neighborhood Business District. I-1 Light Industrial District and R-5D Residential Duplex Distric( to 0-2 Office District.. at the Northwest quadrant of the intersection of Regent University Drive and Jake Sears Road, now applying as THE CHRISTIAN BROADCASTING NETWORK (DISTRICT1 - CENTER VILLE). September 8, 1998 -11- AGENDA RE VIEW SESSION ITEM # 44039 (Continued) L7. Application of McGINNIS REALTY and DEVELOPMENT COMPANY for a Conditional Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R- 10 Residential District.. on the East side of Holland Road beginning 284.20 feet South of Saville Garden Way, containing 13 acres (DISTRICT 7 - PRINCESS ANNE). 1.8 Application of COWAN CONSTRUCTIONAND DESIGN, INC. for a Change of Zoning District Classification from A-12. Apartment District to R-5S Residential Single Family District at the Southwest corner of Alabama Avenue and Garfield Avenue, containing 23,958 square feet (DISTRICT 3 - ROSE HALL). 1.9. Ordinance to AMEND and REORDAIN Sections 111, 401, 801, 901 and 1001 of the City Zoning Ordinance (CZO) and to ADD new Section 233.15 re fiber optics transmission facilities. Item 1.2 will be APPROVED, BY CONSENT, with the Addition of Condition 8 (There will be an Administrative Review of the project at the end of fifteen (15) years). Council Lady McClanan will vote a VERBAL NAY on Item I. 6. September 8, 1998 - 12- CITY COUNCIL CONCERNS lI:46 A.M. ITEM # 44040 Council Lady Eure referenced the VIRGINIAN-PILOT of Monday, September 7, 1998. Every page has the correct date except two pages consisting of the EDITORIAL section which state Tuesday, September 8, 199& Because the Council is aware of how inaccurate the Editorial Page is regarding Virginia Beach City Council Council Lady Eure called the newspaper and said it would be nice if they could get something right on the Editorial Page. including the date line. ITEM # 44041 Council Lady Henley introduced Toni Guagenti's Baby, Lauren Anderson, a beautiful little girl. Toni is a reporter with THE VIRGINIAN-PILOT. ITEM # 44042 Councilman Branch advised, after the conversatton at City Councd s Retreat relattv the Contractor's Paving Lot off of Route 44, he called Mr. Teets, who stated he has received permission from VDOT to pipe the drainage ditch which will allow him to landscape that area. ITEM#44043 Council Lady Parker advised there was an RFP (Request for Information) relative the sound issue at the amphitheater. The City Manager advised he will bring the RFP to City Council for their concurrence in terms of proceeding. The results of the survey have also been received. ITEM# 44044 Council Lady Parker inquired relative the berm for the soccer stadium. The City Manager advised the trees and shrubs would be planted this Fall. September 8, 1998 - 13- ITEM # 44045 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, September 8, 1998, at ll:48A.M. Council Members Present: Linwood O. Branch, III, Margaret L. Eure, 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 A. M. "Don" Weeks Council Members Absent: William W. Harrison, Jr. September 8, 1998 - 14- ITEM # 44046 Mayor Meyera E. Oberndorf entertained[ a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1- 344 (A) (1). To Wit: Community Services Board Development Authority Wetlands Board PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). To-Wit: Agricultural Reserve Program - Princess Anne District Acquisition of Right-of- Way Southeastern Parkway and Greenbelt (2 parcels) LEGAL MATTERS: 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: Quagliato v City of Virginia Beach Carmichael Development Company, Inc. v. City of Virginia Beach FLSA Cases - Bailey, Acosta et al v. City of Virginia Beach City of Virginia Beach v. Shelburne Woods Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, 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 A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. September 8, 1998 -15- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL September 8, 1998 2:25 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, August 11, 1998, at 2.'25 P.M. Council Members Present: Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Absent: Vice Mayor William D. Sessoms, Jr William W. Harrison, Jr. [REPRESENTING CITY COUNCIL A T THE GRAVESIDE SERVICE OF JAMES PIERCE SADLER, PROMINENT CITIZEN AND FIRST KING NEPTUNE] [TAKING SON, WRIGHT, TO THE HOTCHKISS SCHOOL IN LAKEVIEW, CONNECTICUT] INVOCATION: Michelle Bailey Soloist First Church of the Nazarene PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Wachovia 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 Wachovia Bank. The Vice Mayor regularly makes this Disclosure as he 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. September 8, 1998 -16- Item V-E. CERTIFICATION OF EXECUTIVE SESSION ITEM# 44047 Upon motion by Councilman Jones, seconded by Council Lady Parker, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open 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: 9-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyers E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. and William VZ. Harrison, Jr. September 8, 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 # 44046, Page 14, 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. ~mith, CMC/AAE City Clerk September 8, 1998 -17- Item IV-F. 1. MINUTES ITEM # 44048 Upon motion by Council Lady Parker, seconded by Councilman Branch, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of September I, 1998. Voting: 9-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. and William IV. Harrison, Jr. September 8, 1998 - 18- Item V-G. 1. ADOPT A GENDA FOR FORMAL SESSION ITEM # 44049 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION September 8, 1998 - 19- Item V-H. ORDINANCES ITEM # 44050 Upon motion by Councilman Jones, seconded by Councilman Heischober, City Council APPROVED IN ONE MOTION, Ordinances 1,2 a/b/c, 3, and 4. Voting: 9-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. and William W. Harrison, Jr. September 8, 1998 - 20- Item V-H. 1. ORDINANCES ITEM # 44051 Upon motion by Councilman Jones, seconded by Councilman Heischober, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 21-459 of the City Code re pedestrian control signals. Voting: 9-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. and William W. Harrison, Jr. September 8, 1998 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO PEDESTRIAN CONTROL SIGNALS SECTION AMENDED: § 21-459 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 21-459 of the City Code is hereby amended and reordained to read as follows: Sec. 21-459. Pedestrian control signals. ig ~'~~-- ~ Whenever special pedestrian control s nals ........... ~ .... words ' ..... ~,_,, A_ "~-'t '~'~-" are in place, pedestrians shall comDly ~.~d~t~ as with such signals shall ~- ~-~ ~ follows: (1) Walk: Pedestrians facing e~4%a "walk" signal may proceed across the highway in the direction of the signal and shall be given the right-of-way by the drivers of all vehicles. (2) Don't Walk: No pedestrians shall start to cross the highway in the direction of e%~49 a "don't walk" signal, but any pedestrian who has partially completed his crossing on thc ~ ,,W~alk" signal shall proceed to a sidewalk or safety island while the ,,~on't W~alk" signal is showing. 20 21 22 23 24 25 26 Adopted by the Council of the City of Virginia Beach, Virginia, on this 8th day of September, 1998. CA-7123 DATA/ORDIN/PROPOSED/21-459.0RD R3 PREPARED: August 27, 1998 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Law Department Law Department - 21 - Item V-H. 2a/b/c. ORDINANCES ITEM ii 44052 Upon motion by Councilman Jones, seconded by Councilman Heischober, City Council ADOPTED: Ordinances re FY 1997-1998 School Operating Fund: AMEND Ordinance ii98-2489H; and, APPROPRIATE $I, 706,697 in FY 1997-1998 School Operating Fund Reversion to Project iil-209 buses and vehicles backlog AMEND Ordinance #98-2489Q; AMEND Capital Project iii-212 Elementary School Modernization Program; REDUCING APPROPRIATIONS to a total of $72,114,324 in FY1998-1999; and, changing funding sources in accordance with the proposed November 3, 1998, School Bond Referendum. Ordinance to APPROPRIATE $750, O00 from EXCESS FY 1997- 1998 revenues in the Fund Balance to the FY 1998-1999 School Operating Fund Instructional Category re costs associated with the Early Retirement Incentive Program (ERIP).. Voting: 9-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. and William IV. Harrison, Jr. September 8, 1998 CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Ordinance to Appropriate $750,000 from Excess Revenues in the General Fund Balance to the FY 1998-99 School Operating Budget Instructional Category for the Early Retirement Incentive Program MEETING DATE: September 8, 1998 Background: The Virginia Beach Public Schools has in place an Early Retirement incentive Program (ERIP) which was initially to be funded through savings generated from retirements. In May 1998, School staff analysis showed that the program costs were not covered by such savings and that funds in the FY 1998-99 School Operating Fund were not adequate for payments required to be made to retirees under this program. The School Board took action to suspend ERIP for those not already in the program. The FY 1998-99 liability for the program was estimated not to exceed $1.3 million. By resolution of August 12, 1998, the Board requested the City Council to appropriate $1.0 million of the FY 1997-98 School Operating Fund ending balance for ERIP funding. The Council demurred at this proposal in light of the Council's resolution of May 12, 1998 to direct all ending balances towards the Elementary School Modernization Program so that the proposed tax rate increase associated with that program might be lowered. Allocations to the School Operating Fund are based on a revenue sharing policy which provide 53.17% of six key General Fund revenues to the Schools. Under the policy, if the actual policy revenues exceed budget estimates at year end, then 53.17% of the excess is to be returned to the School Division. Considerations: The School Board has been advised by legal counsel that payments to retirees currently in the ERIP program cannot be suspended. The School Board explored numerous funding options and, pending Council action, froze FY 1998-99 instructional category capital accounts to ensure funds would be available for ERIP. This has caused an outpouring of concern relative to the impact this has on operations at individual school sites. The City Council, by action of August 18, 1998, directed $9.7 million in ending balances from the FY 1997-98 School Operating Fund towards the Elementary School Modernization Program so that the needed referendum bonds and associated real estate tax rate increase could be minimized. FY 1997-98 collections of those revenues included in the City / School Revenue Sharing Policy have exceeded projections. The school share of the excess is $1,004,423. It is proposed to allocate $750,000 to the Early Retirement Incentive Program (twice the amount budgeted for this program in FY 1997-98) with the balance of the excess directed toward acquisition of additional buses through capital project #1-209 Buses and Vehicles Backlog. Public Information: The School Board has received public input on the alternative proposals for funding of ERIP during its regularly scheduled Hearing of Citizens. Alternatives: The action to freeze capital accounts could remain in place, leaving some schools without all needed equipment for the FY 1998-99 School Year. Appropriate the available $750,000 in Fu nd Balance attributable to the School's portion of additional FY 1997-98 revenues under the Revenue Sharing Policy. Recommendations: It is recommended that the City Council appropriate $750,000 in Fund Balance from the FY 1997-98 Revenue Sharing Policy and additional School reversions for ERIP needs. Attachments: School Board Resolution of August 12, 1998. Ordinance to Appropriate $750,000 for the School's Early Retirement Incentive Program Recommended Action: Approval of attached ordinance Submitting Department/AgencY: City Manager: AN ORDINANCE TO REPEAL ORDINANCE #98-2489H AND APPROPRIATE $1,706,697 FROM THE VIRGINIA BEACH FY 1997- 98 SCHOOL OPERATING FUND REVERSION TO PROJECT #'1-209, BUSES AND VEHICLES BACKLOG 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 WHEREAS, as part of the of the FY 1998-99 Capital Improvement Plan, on May 1 2, 1998 City Council adopted Ordinance #98-2489H, entitled "An Ordinance Establishing One New School Capital Project and Appropriating $5,000,000 to fund the New Project as well as an Existing School Project," with an effective date of September 18, 1998; WHEREAS, on August 18, 1998 Council approved an ordinance authorizing the issuance of general obligation bonds in the maximum amount of $57,500,000 for modernization and reconstruction of public school buildings, subject to the approval of the qualified voters; WHEREAS, year-end surpluses in the FY 1997-98 Virginia Beach School Operating Fund Budget are adequate to provide for resources to support the modernization and reconstruction program while still allowing some resources for purchase of replacement school buses; and WHEREAS, as a result of the August 18,1998 Council action, it is necessary to repeal ordinance #98-2489H so that funding for the modernization and reconstruction of public school buildings can be provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That Ordinance #98-2489H, entitled "An Ordinance Establishing One New School Capital Project and Appropriating $5,000,000 to fund the New Project as well as an Existing School Project," previously approved by Council on May 12, 1998 is hereby repealed; 2. That funds in the aggregate amount of $1,706,697 from the FY 1997-98 School Operating Fund Reversion are hereby appropriated to project # 1-209, Buses and Vehicles Backlog, subject to the applicable conditions of the Ordinance to Adopt the FY 1998-99 Capital Improvement Program as adopted by City Council on May 12, 1998. This ordinance shall be effective on September 18, 1998. Requires an affirmative vote by a majority of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8 day of September ,1998. APPROVED AS TO CONTENT: Management Serv~ APPROVED AS TO LEGAL SUFFICIENCY: Department AN ORDINANCE TO AMEND ORDINANCE #98-2489Q BY REVISING CAPITAL PROJECT #1-212, ELEMENTARY SCHOOL MODERNIZATION PROGRAM, REDUCING APPROPRIATIONS TO A TOTAL OF $72,114,324 FOR FY 1998-99, AND CHANGING FUNDING SOURCES FOR THE PROJECT IN ACCORDANCE WITH THE PROPOSED NOVEMBER 3, 1998 SCHOOL BOND REFERENDUM 8 9 10 i! 12 13 14 15 16 17 18 19 20 21 22 23 '24 25 26 27 28 29 3O 31 32 33 34 35 36 37 WHEREAS, as part of the FY 1998-99 Capital Improvement Program, on May 12, 1998 City Council adopted Ordinance #98-2489Q entitled "An Ordinance Establishing A New School Capital Project and Appropriating $86,714,324 to Fund the New Project Subject to Passage of a Proposed November 1998 Bond Referendum and the Availability of Year-End Fund Balance" with an effective date of November 12, 1998; WHEREAS, a comprehensive planning effort resulted in a July 7, 1998 School Board resolution requesting that City Council initiate a voter referendum for the modernization of 17 elementary schools at an estimated cost of $132.8 Million, including $76.7 Million of referendum bond financing and a proposed real estate tax increase not to exceed 3.6 cents; WHEREAS, after working with the staff in developing various funding alternatives for the Elementary School Modernization Program, on August 18, 1998, Council adopted an ordinance to place a referendum before the voters on November 3, 1998 on the question of issuing general obligation bonds in the maximum amount of $57,500,000 to finance the renovation of 17 elementary schools; and WHEREAS, as a result of the August 18,1998 Council action, it is necessary to repeal Ordinance #98-2489Q, by revising project #1-212, Elementary School Modernization Program, reducing appropriations in FY 1998-99, and revising its funding, with the net effect of reducing the referendum bond financing from $76.7 Million to $57.5 Million and reducing the proposed real estate tax increase from 3.6 cents to 2.8 cents. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That Ordinance #98-2489Q entitled "An Ordinance Establishing A New School Capital Project and Appropriating $86,714,324 to Fund the New Project Subject to Passage of a Proposed November 1998 Bond Referendum and the Availability of Year-End Fund Balance" previously adopted by Council on May 12, 1998 is hereby amended and re-ordained as follows: a. City Council hereby amends project #1-212, Elementary School Modernization Program, by deleting Old Donation Center from the project, as requested by the School Board. The amended project will provide for the renovation and modernization of seventeen elementary schools, with construction on the project to begin in the years set forth below: FY 1999- Bayside, Creeds, Shelton Park, Thalia; FY 2000 - Kempsville Meadows, Louise Luxford, Woodstock; 38 39 4O FY 2001 - Kempsville, Malibu, Pembroke, Trantwood; FY 2002 - Arrowhead, Hermitage, Lynnhaven; and FY 2003 - Brookwood, Pembroke Meadows, Windsor Woods. 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 b. Funds in the aggregate amount of $72,114,324, as opposed to the $86,714,324, as opposed to the $86,714,324 appropriated on May 12, 1998, are hereby appropriated for project #1-212 to fund the renovation and modernization of seventeen schools subject to the applicable conditions of the Ordinance to Adopt the FY 1998-99 Capital Improvements Program, as adopted on May 12, 1998; c. In accordance with Section 2-196 of the City Code, financing sources in support of project #1-212, Elementary School Modernization Program are revised to read as follows, in accordance with the bond authorization ordinance adopted by Council on August 18, 1998. 1988 School Referendum Bonds Charter Bonds FY 1997-98 School Reversion FY 1998-99 School Pay-as-You-Go Capital Funding Future Years School Pay-as-You-Go Capital Funding State Contribution TOTAL 57,500,000 43,700,000 9,747,088 2,424,339 5,000,000 14,475,661 $ 132,847,088 2. That the appropriations made by this ordinance shall only become effective if the above referenced elementary school referendum is placed on the ballot November 3, 1998 and approved by the voters. 3. That City Council hereby expressly reserves the right to modify or reduce these appropriations prior to their effective date. This ordinance and its provisions, which amend and supersedes Ordinance #98- 2489Q, shall not take effect until November 12, 1998. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of September, 1998. Requires an affirmative vote by a majority of City Council Members. APPROVED AS TO CONTENT: Management Servic, e~ APPROVED AS TO LEGAL SUFFICIENCY: Department of La~'-~' ~'"/ 1 2 3 4 5 6 7 AN ORDINANCE TO AMEND ORDINANCE #98-2489Q BY REVISING CAPITAL PROJECT #1-212, ELEMENTARY SCHOOL MODERNIZATION PROGRAM, REDUCING APPROPRIATIONS TO A TOTAL OF $72,114,324 FOR FY 1998-99, AND CHANGING FUNDING SOURCES FOR THE PROJECT IN ACCORDANCE WITH THE PROPOSED NOVEMBER 3, 1998 SCHOOL BOND REFERENDUM 8 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 34 35 36 37 WHEREAS, as part of the FY 1998-99 Capital Improvement Program, on May 12, 1998 City Council adopted Ordinance #98-2489Q entitled "An Ordinance Establishing A New School Capital Project and Appropriating $86,714,324 to Fund the New Project Subject to Passage of a Proposed November 1998 Bond Referendum and the Availability of Year-End Fund Balance" with an effective date of November 12, 1998; WHEREAS, a comprehensive planning effort resulted in a July 7, 1998 School Board resolution requesting that City Council initiate a voter referendum for the modernization of 17 elementary schools at an estimated cost of $132.8 Million, including $76.7 Million of referendum bond financing and a proposed real estate tax increase not to exceed 3.6 cents; WHEREAS, after working with the staff in developing various funding alternatives for the Elementary School Modernization Program, on August 18, 1998, Council adopted an ordinance to place a referendum before the voters on November 3, 1998 on the question of issuing general obligation bonds in the maximum amount of $57,500,000 to finance the renovation of 17 elementary schools; and WHEREAS, as a result of the August 18,1998 Council action, it is necessary to repeal Ordinance #98-2489Q, by revising project #1-212, Elementary School Modernization Program, reducing appropriations in FY 1998-99, and revising its funding, with the net effect of reducing the referendum bond financing from $76.7 Million to $57.5 Million and reducing the proposed real estate tax increase from 3.6 cents to 2.8 cents. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That Ordinance #98-2489Q entitled "An Ordinance Establishing A New School Capital Project and Appropriating $86,714,324 to Fund the New Project Subject to Passage of a Proposed November 1998 Bond Referendum and the Availability of Year-End Fund Balance" previously adopted by Council on May 12, 1998 is hereby amended and re-ordained as follows: a. City Council hereby amends project #1-212, Elementary School Modernization Program, by deleting Old Donation Center from the project, as requested by the School Board. The amended project will provide for the renovation and modernization of seventeen elementary schools, with construction on the project to begin in the years set forth below: FY 1999 - Bayside, Creeds, Shelton Park, Thalia; FY 2000 - Kempsville Meadows, Louise Luxford, Woodstock; 38 39 40 FY 2001 - Kempsville, Malibu, Pembroke, Trantwood; FY 2002 - Arrowhead, Hermitage, Lynnhaven; and FY 2003 - Brookwood, Pembroke Meadows, Windsor Woods. 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 b. Funds in the aggregate amount of $72,114,324, as opposed to the $86,714,324, as opposed to the $86,714,324 appropriated on May 12, 1998, are hereby appropriated for project #1-212 to fund the renovation and modernization of seventeen schools subject to the applicable conditions of the Ordinance to Adopt the FY 1998-99 Capital Improvements Program, as adopted on May 12, 1998; c. In accordance with Section 2-196 of the City Code, financing sources in support of project #1-212, Elementary School Modernization Program are revised to read as follows, in accordance with the bond authorization ordinance adopted by Council on August 18, 1998. 1988 School Referendum Bonds Charter Bonds FY 1997-98 School Reversion FY 1998-99 School Pay-as-You-Go Capital Funding Future Years School Pay-as-You-Go Capital Funding State Contribution TOTAL $ 57,500,000 43,700,000 9,747,088 2,424,339 5,000,000 14,475,661 $ 132,847,088 2. That the appropriations made by this ordinance shall only become effective if the above referenced elementary school referendum is placed on the ballot November 3, 1998 and approved by the voters. 3. That City Council hereby expressly reserves the right to modify or reduce these appropriations prior to their effective date. This ordinance and its provisions, which amend and supersedes Ordinance #98- 2489Q, shall not take effect until November 12, 1998. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of September 1998. Requires an affirmative vote by a majority of City Council Members. APPROVED AS TO CONTENT: Managemen~ APPROVED AS TO LEGAL SUFFICIENCY: Department of La~-'" /Y 1 2 3 4 5 6 7 8 AN ORDINANCE TO APPROPRIATE $750,000 FROM EXCESS 1997-98 REVENUES IN THE FUND BALANCE TO THE FY 1998-99 SCHOOL OPERATING FUND INSTRUCTIONAL CATEGORY FOR COSTS ASSOCIATED WITH THE EARLY RETIREMENT INCENTIVE PROGRAM 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 requesting the balances to participants; WHEREAS, the School Board of Virginia Beach has acted to address the accelerating costs of the Early Retirement Incentive Program (~ERIP")by closing the program to future participants and City Council to appropriate FY 1997-98 ending address the unfunded liability for current WHEREAS, such appropriation of ending balances would be inconsistent with the City Council Resolution of May 12, 1998, directing all ending balances towards the Elementary School Modernization Program referendum; WHEREAS, the City Council understands the School Board's legal obligation to make ERIP payments and appreciates the Board's desire to identify a source of funds that will not affect classroom instruction; WHEREAS, after reviewing FY 1997-98 ending balances, revenue collections for those revenues included in the City/School Revenue-Sharing Policy have exceeded projections, and the Policy provides that 53.13% of such extra revenues be directed to School needs; and 28 29 30 31 32 33 34 35 36 37 WHEREAS, $750,000 of these extra revenues are available to be appropriated to the FY 98-99 School Operating Instructional Category to be used to offset costs associated with ERIP. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $750,000 in the General Fund Balance, which is attributable to the School share of FY 1997-98 excess revenues within the City/School Revenue-Sharing Formula, is hereby appropriated to the Instructional Category of the FY 1998-99 School Operating Fund to fund the Early Retirement Incentive Program. 38 Requires an affirmative vote by a majority of City Council members. 39 40 Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth day of September , 1998. 41 42 43 44 45 46 47 48 CA-7129 ORDIN\NONCODE \ ERI P. ORD R-3 PREPARED: September 1, 1998 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney iRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE RESOLUTION for BUYING DOhXFN TItE REFERENDUM and FUNDING TItE EARLY RETIRE/V[ENT ENFCENTI%rE PROGR.a2d V(F[ERE.&S, ~ School Board de.s/res to fund thc projected cost of the liability for the Earl)' Retiremem Lace~v¢ Program (ER]2?) for fiscal )'ear 1998.99 in r.~ amount of$14~ mLllion, and ~'HER.EAS, tl~ School Boa.rd I998-99 Operating Budget does not contain funding for the Earl.',' Redrcmcm Incentive Program, and WHEREAS, thc School Board does not desire to Lmtmct negatively the neods of schools by usLrtg school equipment allocation monies for funding the ERIP program, and_ VVHEREAS, one crf the School Board's mp prior/t/es is a~nrion to our aging L,-ffra..q~cture th. mu~ the mos'anon and moderrazat/on of 17 schools v, ith the passage of the November 1998 Referendum w~th minimal a tax increase as possible m the public, and WIRrEREAS, the projected year. end fun~ to the City are now ~ntic/pated to be approxima__tely $15.1 WlX[ER.EAS, the School Board hnq previously identified $5.1 milhon from fisca.1 year 1997-98 year-cad funds for buying down the referendum, and ~,'}'IEREAS, the School Board ~ to use $1 million fi'om riscal )'ear 1997-98 yea.fend funds to fund the Early Rtximment Incentive Program (ER/P), therefore BE IT RESOLd, rED: that the School Board requ~s CiD' Coun~l to re-approFrr'mte 51.8 milhon fi'am the 52.8 million CW Tecknology rm'ersion mome~ to buy do~n fu~er the November referendum, and bc RESOLVED: tkat the School Baard requests CiD' Council to re-appropriate $20~9,c200 from the $22 m~lhon C~ Buses and Vehicles Backlog to b~' down furlke4' Liae November referendm-a, and bc RESOL¥~ED: that the School Bao4'd requests CiD, Cotmc/J to appropriate the ant/cipared additional Sl .mill;on Ua sea.r-end funds to uhe School Boaxd 1998-99 operanng Budget for the purpose of.%m0.~g Earl)' R~tircment I. ncenuve Program obhgauon for 1998-99, and be it further R_ESOLVED: ~ the adm/.n/~rion is to freeze, as of August 4, 1998. c:apiml out.~ys budgeted.Ua_the :v_--z,~ az'~sonal ~tegor}.' ar,& absent re-appropr/auon by August 25. 1998. by Cir)' C.2un~.k ou,3a?s budgeted m r_he m..q:rucmonai ca~go0 line items be redu~--~d b> $1 mdlior: ~xis.ccu~zaon-'~,.- 4 - ; , 4,~ bc restored Lf and when funds are idenlJ, fied m the budget. <-.. , .:. ._? 3:r:~ :.~:v.,;,~.~:~o.- 3~,Cmg · 2.512 Gecrge M,~on Dr,ye , P O ~3cx 6C38 ' XArginia Beach. VA 23456-003~3 RESOLVED: that the admirfislrahon is to rcleasc thc freeze impo~cl ~s of Auguxt 4, 199g, on cqu/pmc~nt allocanon~ to thc ~chools up<m the a2x~'e re-&ppropvia~on by City, Council. RESOLVED: th~ a copy of tkis resolution be spread acro~ thc minute~ ofttds mecring and a copy provided to City council. Approved by the School Board of the City of Vixginia Beach August 12, 1998. SEAL Robert C. Spadacc~, Sr., Chairman Dia-ne tV[ Page, Clerk of the Board - 22 - Item V-H. 3. ORDINANCES ITEM # 44053 Upon motion by Councilman Jones, seconded by Councilman Heischober, City Council ADOPTED: Ordinance to establish Capital Project #7-015, Lynnhaven Drive Drainage Outfall; and, APPROPRIATE $180, O00 from the Storm Water Enterprise Fund's retained earnings to the Project in the FY 1998-1999 Capital Budget for design and construction costs. Voting: 9-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara 3/1. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and A. 3/1. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. and William W. Harrison, Jr. September 8, 1998 1 2 3 4 5 6 7 8 AN ORDINANCE TO ESTABLISH CAPITAL PROJECT #7-015, LYNNHAVEN DRIVE DRAINAGE OUTFALL, AND TO APPROPRIATE $180,000 FROM THE STORM WATER ENTERPRISE FUND'S RETAINED EARNINGS TO THE PROJECT IN THE FY 1998-99 CAPITAL BUDGET FOR DESIGN AND CONSTRUCTION COSTS 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, Capital Project #7-015, Lynnhaven Drive Drainage Outfall, is being established to provide for the design and construction of a closed drainage system from Lynnhaven Drive to the Cape Henry Drive right-of-way to replace an existing open channel system; WHEREAS, this project was the subject of litigation, in which the City of Virginia Beach has exhausted its appeals and must now construct the project in compliance with a court order; WHEREAS, project costs are estimated at $1,694,000, with $180,000 needed in FY 1998-99 to begin the design process and proceed with site acquisition; WHEREAS, $180,000 for this project is available in the Storm Water Enterprise Fund's Retained Earnings; and WHEREAS, current plans call for the project to be funded in the future by means of revenue bonds, with the impact on other project funding and schedules to be analyzed during the FY 99-00 Budget process. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 27 OF VIRGINIA BEACH: 28 29 30 31 32 33 34 establishing Outfall; 2. That the Capital Improvement Program be amended by Capital Project #7-015, Lynnhaven Drive Drainage That the FY 1998-99 Capital Budget is hereby amended by appropriating $180,000 from the Storm Water Enterprise Fund's Retained Earnings to Capital Project #7-015 Lynnhaven Drive Drainage Outfall. 35 36 37 38 39 4O 41 42 43 44 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the 8 day of September 1998 Requires an affirmative vote by a majority of City Council members. CA-7136 ORD IN\NONCODE \ LYNNDRAIN. ORD R-2 9/1/98 APPROVED AS TO CONTENT: Management Seres APPROVED AS TO LEGAL SUFFICIENCY: City Attorney 2 City of Virginia Beach Virginia FY 1998-99 thru FY 2003-04 Capital Improvement Program Project # and Title: 7-015 Lynnhaven Drive Drainage Outfall CIP Section: Storm Water Business Area: Quality Physical Environment Priority: Total Total Budget __ Unappropriated Subsequent Years Future Programmed Appropriations Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Funding Funds To Date FY 1998-99 FY 1999-00 FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 Requirement 1,694,000 0 180,000 955,000 559,000 ~ 0 0 1,694,000 This project is for the design and construction of a closed drainage system to replace the existing open channel system from Lynnhaven Drive to the Cape Henry Drive right of way. This project is subject to jurisdictional wetland regulations. Enc os.'ng the channel wdl' m~bgate' ' concern", over eros'on and bank stabd~zabon" ' . Th~s project ~s a new project for FY 98/99 03/04 CIP FY 2003 04 o o o o o o t~- ! ~1 c~O~O~~ ~~ ...~ ._< ~ Activity From-To Amount Inspections and Support 10/98-10/02 65,000 Design 10/98-10/99 130,000 Site Acquisition 08/99-08/00 15,000 -'~ ~ "~ t"(~ ~.~.~_ ..~~ Private Utility Adjustments 08/00-01/00 30,000 ~ t ~~~ Construction 10/01-10/02 1,300,000 Contingencies 10/98-10/02 154,000 Total Budgetary Cost Estimate 1,694,000 ~[~_..~~i~~~~ / t~. i ~ ~k,~ Total Non-Programmed Costs 0 · ~f_ ~_~ ~ C3 Total Programmed Costs 1,694,000 --1 ~~-' ~~~~~ Funding Source Amount _ __ ~ , ~o Total Programmed Financing 0 ----- (~ Future Funding Requirements 1,694,000 Cear1998-1999 Storm Water - 23 - Item V-H. 4. ORDINANCES ITEM # 44054 Upon motion by Councilman Jones, seconded by Councilman Heischober, City Council APPROVED: License Refunds: $143,539.95 Voting: 9-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara 3/1. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and,4. 3/1. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. and William W. Harrison, Jr. September 8, 1998 FORM NO. C.A ~ 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 license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID AUTOZONE STORES INC 1997-1998 AUDIT 3,808.19 0.00 3,808.19 BEACH GALLERY INC 1996-1998 AUDIT 11.67 2.62 14.29 BUILDERS SQUARE INC 1997-1998 AUDIT 35,121.07 1,650.93 38,772.00 D & J COURIER INC 1996-1998 AUDIT 16.73 2.09 18.82 HANLON, LYNNE P 1996-1998 AUDIT 0.48 0.11 0.59 HANNER, WILLIAM C 1995-1998 AUDIT 30.00 0.00 30.00 HQ HOME QUARTERS WAREHOUSE 1996-1998 AUDIT 99,035.21 2,552.59 101,587.80 JACKSON, BOBBY L 1996-1998 AUDIT 41.73 9.39 51.12 JOHNSON, THOMAS C 1996-1998 AUDIT 0.18 0.04 0.22 L B JACK INC 1995-1997 AUDIT 1,049.50 206.58 1,256.08 PRYOR, JOYCE A 1996-1998 AUDIT 0.00 0.84 0.84 This ordinance shall be effective from date of adoption. The above abatement(s) to $143,539.95 City of Virginia Beach on the ~.fLghtl~ Certified as to/~ayme~.' ~.//~ 'iipJ. Kell~m ~ ' Commissioner of the Revenue Approved as to form: L~<~12.-Lilley- City Attorney were approved by the Council of the day of September ,19 98 Ruth Hodges Smith City Clerk - 24 - Item V-I. 1. PUBLIC HEARING ITEM # 44055 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1. SPRINT PCS AND C.E. FOREHAND III CONDITIONAL USE PERMIT 2. WILMIK, INC. CONDITIONAL USE PERMIT 3. THALIA UNITED METHODIST CHURCH CONDITIONAL USE PERMIT 4. TRACY B. CURRY CONDITIONAL USE PERMIT SAINT MATTHEW'S CATHOLIC CHURCH CONDITIONAL USE PERMIT 6. THE CHRISTIAN BROADCASTING NETWORK (FO UNDERS VILLA GE, INC.) RECONSIDERATION TO ALLOW MODIFICATION OF CONDITIONS (1/13/98 COZ) 7. McGINNIS REAL TY AND DEVELOPMENT COMPANY CONDITIONAL CHANGE OF ZONING 8. COWAN CONSTRUCTION AND DESIGN, INC. CHANGE OF ZONING 9. CITY ZONING ORDINANCE AMEND Sections llL 401, 801 901 and 1001 and to ADD new Section 233.15 re fibre optics transmission facilities. September 8, 1998 - 25 - Item V-L PUBLIC HEARING ITEM # 44056 PLANNING Upon motion by Councilman Jones, seconded by Councilman Branch, City Council APPROVED in one motion Items 1, 2, 3, 4, 6, 8 and 9 of the PLANNING BY CONSENT. Item L2. was APPROVED BY CONSENT with an additional condition (There will be an Administrative Review of the project at the end of fifieen (15) years.) Voting: 9-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. and William W. Harrison, Jr. Council Lady Parker voted a VERBAL NAY on Item L 4. Council Lady McClanan voted a VERBAL NAY on Item I. 6. September 8, 1998 - 26- Item VJ. 1. PUBLIC HEARING ITEM II 44057 PLANNING Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED the Ordinance upon Application of SPRINT PCS and C.E. FOREHAND III for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF SPRINT PCS, C.E. FOREHAND IIL FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATION ANTENNA R09982218 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Sprint PCS, C. E. Forehand, III, for a Conditional Use Permit for a communication antenna on the east side of Baker Road, north of Thurston Avenue. Said parcel is located at 1424 Baker Road and contains 4.364 acres. DISTRICT 4 - BAYSIDE The following conditions shah be required: The project will be developed substantially in keeping with the site plan entitled "Sprint PCS NOO3X521C Lake Wright," dated 15 June 1998. A waiver to the landscaping requirement outlined in Section 232 of the City Zoning Ordinance (CZO) must be approved by the Board of Zoning Appeals. Prior to final site plan approval, the applicant must file a "Notice of Proposed Construction" with the Federal Aviation Administration to ensure that the proposed increase in height of the existing tower will not constitute an obstruction to air navigation or have any detrimental impact on the operation of Norfolk International Airport. This Ordinance shah be effective in accordance with Section 107 0~) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of September, Nineteen Hundred and Ninetv-Eight. Voting: 9-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. and William W. Harrison, Jr. September 8, 1998 -27- Item V-L2. PUBLIC HEARING ITEM # 44O57 PLANNING Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of WILMIK, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF WILMIK, INC. FOR A CONDITIONAL USE PERMIT R09982219 BE IT HE~BY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Wilmik, Inc. for a Conditional Use Permit for a contractors bulk storage yard on certain property located on the north side of Virginia Beach Boulevard beginning at a point 660feet west of First Colonial Road. Said parcel contains 27,500 square feet. DISTRICT 5 - L YNNHA VEN. The following conditions shall be required: The site will be developed consistent with the site plan entitled "Wilmik Inc." and the landscape plan dated 18July 1998. 2. All equipment, raw materials and finished goods will be stored in designated storage areas or inside the building. 3. No outside storage of unrelated materials, inoperative vehicles or equipment shall be permitted. The building must be constructed according to the rendering and letter from Governmental Permitting Consultant dated 27 July 1998, submitted to the Planning Department. However, the roof will be bronze or similar in color and the front portion of the building will be brick veneer and stucco. The remaining portion of the building will be constructed using solid block painted with neutral earth-tone colors. The storage yard shall be enclosed, except for necessary openings for ingress and egress by a solid wall or fence a minimum six feet (6') in height. 6. All street frontage, foundation and parking lot landscaping shall comply with the requirements of the Site Plan Ordinance. 7. Only one entrance will be permitted from Virginia Beach Boulevard for this site. 8. There will be an Administrative Review of the project at the end of fifteen (15) years. This Ordinance shall be effective in accordance with Section 107 O~ of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of September, Nineteen Hundred and Ninety-Eight. September 8, 1998 Item V=I.2. PUBLIC HEARING PLANNING - 28 - ITEM # 44057 (Continued) Voting: 9-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III,, Margaret L. Eure, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. and William W. Harrison, Jr. September 8, 1998 - 29 - Item V-I.$. PUBLIC HEARING PLANNING ITEM ii 44058 Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of THALIA UNITED METHODIST CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF THALIA UNITED METHODIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A PARKING LOT R09982220 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Thalia United Methodist Church for a Conditional Use Permit for a parking lot on certain property located at the southwest intersection of Virginia Beach Boulevard and N. Fir Avenue. Said property is located at 211 N. Fir Avenue and contains 39,900 square feet. DISTRICT 3 - ROSE HALL. The following conditions shall be required: Development of the site shall substantially adhere to the site plan entitled, "CBPA Development Plan of Overflow Parking Lot for Thalia United Methodist Church," dated 15 June 1998, and prepared by Kellam-Gerwitz Engineering, Inc. A six-foot (69fence with Category IVlandscaping shall be located along the Southern property border the entire length of the parking lot. 3. The applicant shall adhere to conditions placed on this project by the Chesapeake Bay Preservation Area Board on 27July 1998. All parking lot lighting should be directed toward the interior of the site and shall be designed so as to shield the adjacent properties from light and glare. This Ordinance shall be effective in accordance with Section 107 (sO of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of September, Nineteen Hundred and Ninety-Eight. Voting: 9-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. and William V~. Harrison, Jr. September 8, 1998 - 30- Item V-I.4. PUBLIC HEARING PLANNING ITEM # 44059 Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of TRACY B. CURRY for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF TRACY B. CURRY FOR A CONDITIONAL USE PERMIT FOR MINI-WAREHOUSES R09982221 BE IT HEREB Y ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEA CH, VIRGINIA Ordinance upon application of Tracy B. Curry for a Conditional Use Permit for mini-warehouses on Section 1, Part of Parcel A, Cherry Park. Said parcel is located at 6632 Indian River Road and contains 2.41 acres. DISTRICT 1 - CENTER VILLE The following conditions shah be required: In accordance with Section 237 of the City Zoning Ordinance (CZO), all outdoor lights shah be shielded to direct light and glare onto the mini-warehouse premises; said lighting and glare shah be deflected, shaded and focused away from aH adjoining property. Any outdoor lightingfixtures shall not be erected any higher than fourteen feet (14'). The mini-warehouse facility shah be completely enclosed, except for necessary openings for ingress and egress, by a fence or wall not less than six feet (6') in height and Category VI landscaping. 3. The radius of the entrance off Indian River Road shah be twenty to twenty-five feet (20'- 25'). 4. Hours of operation shall be seven days a week, 9:00 AM until 9:00 PM. The site shall be developed in accordance with the amended site plan entitled, "Conditional Use Permit Preliminary Site Plan for Mini-Warehouses, 6632 Indian River Road, "dated 1 June 1998, and prepared by Hoggard/Eure Associates. The amended plan depicts two (2) delivery van parking spaces at the entrance to the site off lndian River Road. 6. Buildings shah adhere to the colored rendering submitted to the Planning Department on 29 July 1998. The buildings facing Indian River Road and the Northern property line shah be gray split face block on the lower portion of the buildings and white vinyl on the upper portion. The roof, metal buildings and doors shall be a neutral color. 7. The fence along Indian River Road shall be constructed of gray split face block pillars and black wrought iron. This Ordinance shah be effective in accordance with Section 107 (]) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of September, Nineteen Hundred and NineS-Eight September 8, 1998 Item V-I.d. PUBLIC HEARING PLANNING - 31 - ITEM # 44059 (Continued) Voting: 8-1 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf and A. M. "Don" Weeks Council Members Voting Nay: Nancy K. Parker* Council Members Absent: Vice Mayor William D. Sessoms, Jr. and William W. Harrison, Jr. * Verbal Nay September 8, 1998 - 32 - Item V-L5. PUBLIC HEARING ITEM # 44060 PLANNING The following registered in SUPPORT of the application: Barbara W. White, 3316 Sandra Lane, Principal - St. Matthews, Phone: 420-2455 Attorney Troy A. Titus, 5221 Indian River Road, Phone: 467-0616, represented the applicant Alien Monette, 1124 Chipping Court, Phone: 497-5202 The following registered in OPPOSITION: Steven Harrill, 912 Trestman Avenue Kenneth McDougle, 916 Testman Avenue Jannette Edwards, 3324 Milissa Street, Phone: 420-5435, represented the Sherry Park Neighborhood Carrie S. Shourds, 1028 Sherry Avenue, Phone: 420-1369, represented the Sherry Park Neighborhood Mary M. Stern, 1001 Trestman Avenue, Phone: 424-4907, represented the Sherry Park Neighborhood Raymond Shourds, 1028 Sherry Avenue, Phone: 420-1365 A MOTIONwas made by Council Lady Eure, seconded by Council Lady McClanan to DEFER an Ordinance upon application of SAINT MATTHEW'S CATHOLIC CHURCH until the City Council of Session of October 27, 1998, so the following can occur: (1) Traffic analysis be conducted on operation of the school and church. The City evaluate the widening of Sandra Lane including the installation of a sidewalk from the Church property to Indian River Road. (3) The City require the removal of two (2) trailers prior to the occupancy of the pre-school building. A schedule be submitted to remove the remaining trailers. The additional buildings that has already occurred and will occur would eliminate the trailers. (5) A Master Site Plan be developed for the ultimate build-out of the site. (6) City staff to evaluate the traffic signage controls in the neighborhood (7) Evaluate the stormwater conditions and develop recommended actions as appropriate. (8) Prohibit carnivals at the site. (9) Evaluate the adequacy of the water supply and the hydrants in the area for safety reasons. As per Councilman Weeks' request, Council Lady Eure AMENDED the MOTION to add to Item (1): Enrollment level of 600 shall be evaluated. September 8, 1998 - 33 - Item VJ. 5. PUBLIC HEARING ITEM # 44060 (Continued) PLANNING A SUBSTITUTEMOTION was made by Councilman Heischober, seconded by Councilman Jones to ADOPT an Ordinance upon application of SAINT MATTHEW'S CATHOLIC CHURCH for a Conditional Use Permit for a church addition (classroom) with changes to the conditions established by the Planning Commission i. e: Condition 3 amended to reflect a maximum capacity of 600 students. ADD Condition 6 which will state there will be no carnivals. ADD Condition 7 which will require an affidavit or certification annually from the School to the Planning Department relative the number of students in attendance, not to exceed 600. Upon motion by Councilman Heischober, seconded by Councilman Jones, City Council voted to accept the AMENDMENT to the SUBSTITUTE MOTION NOT to include Condition #6 to prohibit carnivals at the site. Voting: 9-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and A. 34. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. and William W. Harrison, Jr. September 8, 1998 - 34- Item V-L S. PUBLIC HEARING ITEM # 44060 (Continued) PLANNING Council Lady Eure wished the new traffic pattern be reviewed within 90 days. The City Attorney advised the traffic and drainage analysis offsite can always be directed by the City Council to the City Manager and his staff. Onsite issues wouM not have that prerogative. The City Manager advised if the school is willing to maintain and pay the cost of having a Sheriff's Deputy direct the traffic at Sandra Lane, this would be the preferred alternative. A traffic signal at that intersection wouM not be as satisfactory. Upon motion by Councilman Heischober, seconded by Councilman Jones, the SUBSTITUTE MOTION was AMENDED to add the word "certified" in Condition No. 5 prior to the words "crossing guard" and ADDING the condition requiring interim removal of trailers beginning with two which contain three classrooms of pre-school children. Voting: 8-1 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. 34. "Don" Weeks Council Members Voting Nay: Reba S. McClanan Council Members Absent: Vice Mayor William D. Sessoms, Jr. and William W. Harrison, Jr. September 8, 1998 - 35 - Item V-L$. PUBLIC HEARING ITEM ii 44060 (Continued) PLANNING An AMENDED SUBSTITUTE MOTION was made by Councilman Heischober, seconded by Councilman Jones, to ADOPT an Ordinance upon application of SAINT MATTHEW'S CATHOLIC CHURCH for a Conditional Use Permit for a church addition (classroom) with Condition 3 amended to reflect a maximum capacity of 600 students. The word "certified" in Condition No. 5 prior to the words "crossing guard". The addition of Condition 6 will require an affidavit or certification annually from the School to the Planning Department relative the number of students in attendance, not to exceed 600. Condition 7 shall be added to reflect interim removal of trailers, beginning with two which contain three classrooms of pre-school children Voting: 3-6 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: Linwood O. Branch, III, Harold Heischober and Louis R. Jones Council Members Voting Nay: Margaret L. Eure, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf , Nancy K. Parker and A. M. "Don" Weeks Council Members Absent: Vice Mayor William D. Sessoms, Jr. and William W. Harrison, Jr. September 8, 1998 - 36- Item V-I.$. PUBLIC HEARING ITEM # 44060 (Continued) PLANNING BY CONSENSUS, City Council AMENDED the MAIN MOTION previously made by Council Lady Eure, seconded by Council Lady McClanan to DEFER until the City Council Session of October 27, 1998, NOT to include the nine previous stipulations. Upon motion by Council Lady Eure, seconded by Council Lady McClanan, City Council DEFERRED until the City Council Session of October 27, 1998, the Ordinance upon application of SAINT MATTHEWS CA THOLIC CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF SAINT MATTHEWS CATHOLIC CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH ADDITION (CLASSROOMS) Ordinance upon appplication of Saint Matthews Catholic Church for a Conditional Use Permit for a church addition (classrooms) on property located l l 5 feet more or less north of the intersection of Sandra Lane and Trestman Avenue. Said parcel is located at 3314 Sandra Lane and contains 13.013 acres. DISTRICT 1 - CENTERVILLE. Voting: 8-1 Council Members Voting Aye: Margaret L. Eure, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: Linwood O. Branch, III Council Members Absent: Vice Mayor William D. Sessoms, Jr. and William VK. Harrison, Jr. September 8, 1998 -37- Item V-L 6. PUBLIC HEARING ITEM # 44061 PL4NNING Upon motion by Councilman Jones, seconded by Councilman Branch, City Council MODIFIED CONDITIONS #1 AND #2 in the 13 January 1998 approved application of THE FOUNDERS VILLAGE, INC. for changes of zoning from B-1 Neighborhood Business District. I-1 Light Industrial District and R-5D Residential Duplex District to 0-2 Office District and a Conditional Use Permit at the Northwest quadrant of the intersection of Regent University Drive and Jake Sears Road, now applying as THE CHRISTIAN BROADCASTING NETWORK (DISTRICT 1 - CENTER VILLE): ORDINANCE UP ON APPLICA TION OF THE FO UNDERS VILLA GE, 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 change 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 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 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 of this parcel for suburban employment use in accordance with other Plan policies. Said parcels contain 73.9 acres. DISTRICT 1 - CENTER VILLE. AND, ORDINANCE UPON APPLICA TION OF THE FO UNDERS VILLA GE, INC. FOR A CONDITIONAL USE PERMIT FOR A RETIREMENT COMMUNITY R01982164 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of The Founders Village, Inc. Fora 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. DISTRICT 1 - CENTER VILLE. September 8, 1998 - 38- Item V-I. 6. PUBLIC HEARING ITEM # 44061 (Continued) PLANNING The following conditions were AMENDED to read as follows: The Founders Village Retirement Community shall substantially adhere to the submitted siteplan entitled "Revised Conditional Use Exhibit, Founders Village Retirement Community, "dated 31 July 1998, by the TAF Group. 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 Duplex units Apartment units -- 35- 60units -- 95 - 130 units -- 190 - 205 units The total combination of apartment units, manor homes and duplex units may not exceed a maximum of 350 units. Conditions #3 through #15, as attached to the 13 January 1998, Conditional Use Permit approval, remain unchanged. Voting: 8-1 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, HaroM Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: Reba S. McClanan * Council Members Absent: Vice Mayor William D. Sessoms, Jr. and William W. Harrison, Jr. * Verbal Nay September 8, 1998 - 39- Item V-L 7. PUBLIC HEARING ITEM # 44062 PLANNING R. J.. McGinnis,, 968 South Oriole Drive, McGinnis Realty and Development Company, Phone: 422-3548 Attorney Edward Bourdon, Pembroke One, Phone: 499-8971, represented the adjacent residents, Mr. and Mrs. Griffin to address concerns relative access Upon motion by Council Lady Henley, seconded by Councilman Weeks, City Council ADOPTED the Ordinance upon Application of McGINNIS REAL TY and DEVELOPMENT COMPANY for a Conditional Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF MCGINNIS REALTY & DEVELOPMENT COMPANY FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 & AG-2 to CONDITIONAL R-10 Z09981110 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of McGinnis Realty and Development Company for a Conditional Change of Zoning District Classification form A G-1 & A G- 2 Agricultural Districts to Conditional R-10 Residential District on certain property located on the east side of Holland Road beginning at a point 284.20feet south of Saville Garden Way. The proposed zoning class~cation change to R-10 is for single family residential land use on lots no less than 10, 000 square feet. The Comprehensive Plan recommends use of this parcel for suburban residential~low density at densities that are compatible with single-family use in accordance with other Plan policies. Said parcel contains 13 acres. DISTRICT 7 - PRINCESS ANNE. The following condition shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 107 (1) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of September. Nineteen Hundred and Ninety-Eight Voting: 9-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. and William V~. Harrison, Jr. September 8, 1998 ¥ir i ia Rcach In Reply Refer To Our File No. DF-4715 DATE: August 12, 1998 TO: FROM: Leslie L. Lilley DEPT: City Attorney William M. Macali ~ DEPT: City Attorney Conditional Zoning Application - George W. Wilson, et als (McGinnis Realty and Development Company) The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 25, 1998. I have reviewed the subject proffer agreement, dated July 24, 1998, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WMM/ Enclosure AGREEMENT THIS AGREEMENT made this 24th day of July, 1998, by and between GEORGE W. WILSON, MARY BRITE WILSON and HELEN C. WILSON, hereinafter collectively called "Grantor" and MCGINNIS REALTY AND DEVELOPMENT COMPANY, a Virginia corporation (the "Applicant"), both Grantors for purposes of indexing and the CITY OF VIRGINIA BEACH, a Municipal Corporation of the Commonwealth of Virginia, hereinafter called "Grantee". RECITALS: R-1 The Grantor is the record fee simple owner of the property (the "Property") located in the Princess Anne District, City of Virginia Beach, Virginia and described in Exhibit A attached hereto and incorporated into this Agreement. R-2 Applicant has imtiated an Amendment to the zoning map of the City of Virginia Beach, Virginia, by petition of the Applicant addressed to the Grantee, so as to chtmge the zoning classification of a portion the Property from AG-1 and AG-2 Agriculture to R-10 Residential District. The proposed amendment is made pursuant to the terms of the zoning ordinance of the City of Virginia Beach, Virginia, adopted April 18, 1988, as amended and as in effect as of the date of this Agreement (the "Zoning Ordinance"). R-3 The Grantee's policy is to provide only for the orderly development of land, fro' various purposes, including residential purposes, through zoning and other land development legislation. R-4 The Grantor and the Applicant acknowledge that competing and sometimes incompatible uses conflict and that in order to permit different uses on and in the area of the Property and at the same time to recognize the effect of the changes, and the need for various types of uses, including those listed above, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land shnilarly zoned R-10 are needed to cope with the situation which the Applicant's rezoning application gives rise to. R-5 The Grantor and Applicant have voluntarily offered, in writing, in advance of and prior to the public heating before the Grantee, as part of the proposed amendment to the zmfing map with respect to the Property, in addition to the regulations provided for in the existing R-10 zoning district by the Zoning Ordinance, the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as part Prepared by Han'y R. Purkey, Jr., P.C. of said amendment to the zoning map relative and applicable to the Property, which have a reasonable relation to the rezoning and the need for which it is generated by the rezonmg. R-6 The conditions outlined in this Agreement have been proffered by the Grantor and the AppLicant aad allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance and the zoning map. These conditions shall continue in full force and effect until subsequent amendment changes the zoning of the Property; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zo~fing ordinance of Grantee, unless, notwithstanding the foregoing, the conditions are amended or varied by mitten instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the Property at the time of recordation of such instruments; provided further that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pm'suant to the provisions of the Code of Virginia, Section 15.1-431, wlfich said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. WI TNESS E TH: NOW THEREFORE, the Grantor and the Applicant, for themselves, their successors, personal representatives, assigns, grantees and other successors in title and interest, voluntarily without requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro au6 for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and reslxictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that this declaration shall constitute covenants rtummg with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor and the Applicant, their successors, personal representatives, assigns, grantees, and other successors in interest or title. 1. The preliminary subdivision plan submitted by the Grantor and the Applicant to the Department of Planning with this Agreement and entitled "Preliminary Subdivision of Greenwood Wilson Tracts on Holland Road dated November 6, 1997 and revised May 11, 1998 and revised June 25, 1998" (the "Plan") is incorporated herein by reference and forms a part of this Agreement and shall be substantially adhered to in the development of the Property. 2 2. Colonial style street lights shall be installed by Grantor in the public right of way with the nmnber, location, specifications and designs to be as required by the Deparlxnent of Traffic Engineering of the City of Virginia Beach and Virginia Power. 3. Grantor shall install entrance signage of a brick monument style with landscaping as shown on the Plan. 4. Grantor shall cause to be made a right-of-way dedication to the City of Vh'ginia Beach along Holland Road, as shown on the Plan at time of the recordation of the subdivision plat for the Property. All land dedicated under this. paragraph and shown on the Plat is to be used for inclusion into Holland Road. In the event that the road improvements contemplated in this proffer are not included in the City's 5-year Capital Improvement Plan ("CIP") at the 6me of the subdivision approval, the Grantors agree to execute an appropriate agreement prior to such subdivision approval, in a form acceptable to the City Attorney, to assure that such dedications will be conveyed to the City upon the inclusion of said road improvements in the CIP. The Grantors acknowledge that the subdivision approval will not be granted until such agreement has been executed or the aforesaid property has been dedicated. If the property proffered by the Grantors in this paragraph is not used by the Grantee within the next twenty years from the date of subdivision approval for the purpose for which they are proffered, then such property may be used by the City of Virginia Beach fm any other public purpose. 5. Further conditions may be required by the Grantee during detailed site plan and/or subdivision review and administration of apphcable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 6. The Grantor and the Applicant covenant and agree that: a. The Zoning Achninistrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authohty (i) to order in writing that any non-compliance with such conditions be remedied and (ii) to bring legal action or suit to insure compliance with such conditions including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings. b. Failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate. 3 c. If aggrieved by any decision of the Zoning Administrator made pursuant to the provisions, of the City Code, the Zoning Ordinance, or this Agree~nent, the Grantor shall petition the governing body of Grantee for the review of such decision prior to instituting proceedings in com't. d. The Zoning Map shall show by an appropriate sy~nbol on the Map the existence of conditions attaching to the zoning of the Property on the map and that the ordinance and the conditions may be readily available and accessible for public inspection m the office of the Zoning Administrator and in the Planning Depamnent and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Vfl'ginia Beach, Virginia and indexed in the name of the Grantor and Grantee. (signatures on following page) 4 George W. Wilson (SEAL) CITY/COUNT~ OF~////~/~'a/_,~F_~. , to-wit; I,~..~~~~ , a Notary Public in and for the City andState aforesaid, do hereby cert~ that/George W Wilson has acknowledged the same before me in my said City and State. GIVEN under my hand this ~__~_~;~ f~998j Notary (signatures continued on following page) 5 (signatures continue from previous page) "M~{y ~iie Wii~n STATE OF ~ C~T¥/COUNT~OF~C3~ ~, to-wit; ~ I, ~/'~~~~~ ,a Notary Public in and for the City and State aforesaid,, do-l~ereby Ce-rtif~at l~ary Brite Wilson has acknowledged the same before me in my said City and State. GIVEN under my hand this, My Commission Expires: ~day of ~ ,1998. ~ota~ ~b~ (signatures continued on following page) 6 (signatures continued from previous page) Helen C. Wilson STATE OF crrY/COU TYFOF ', aforesaid, do hereby certif my said City and State. GIVEN Mv Commission Expires: S-O I ~.,~, to-wit; /~-~zJ , a Notary Public in and for the City and State fthat/f-Ielen C. Wilson has acknowledged the same before me in under my hand this 2/~day of ~,~ ,1998. N~tary Public ~ (signatures continued on following page) (signatures continued from previous page) McGINNIS REALTY AND DEVELOPMENT COMPANY, a Virginia corporation BY: R ~~, .~' .~~,~~"t--',~ (SEAL) · /.2qlcGinnis, Plffsident STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit; I, //~/')"//~/~/x'~.~3,/D77t~, a Notary Public in and for the City and State aforesaid, do l~ereby certify that R.J. McGinnis, President of McGinnis Realty and Developme~ C,p,~uany, whose name as such is signed to the foregoing insmmaent bearing date on the '6g '--day of July, 1998, have acknowledged the same before me in my said City and State. GIVEN Co ~mn~ssi~pkes: My ~J/5/ agt.wil under my hand this // Notary Public ,1998. 8 EXHIBIT "A" PARCEL I: ALL THAT piece and parcel of land, situate and being in the City of Virginia Beach (formerly Princess Anne County), in the State of Virginia, at the mouth of the main road or lane that leads to America Fentress' house and being a part of the original farm of said Fentress and bounded on the East by other lands of said Fenlxess, also on the South and West and North by the other lands of said Fentress, and containiag three (3) acres. The said piece or land to commence in the corner of said land or mouth and nm Northerly 221 yards, thence Easterly 70 yards, then Southerly 221 yards to the Holland Road, and thence along said road Southerly to the place of beginning, 70 yards; also the property is known as "J.W. Wilson 3 Acres (formerly Tony Wilson)" as shown on that certain plat entitled "Property of G.B. Wilson Located in Princess Anne Co. Va", Surveyed by W.B. Gallup, Va. Beach Va., dated September 12, 1936, Certified Surveyor. PARCEL II: ALL THAT eertaia piece or parcel of land, in said City and State, being a part and portion of the farm on which the said America Fentress resided and to commence on the main road, on the Holland Swamp Public Road, and running thence in a Southerly course along said road to the line of the Sparrow tract of land, thence following around or across said Sparrow Tract, so as to make three acres of land in the boundary that will be, or is in, the body of land to be laid off'from said line that joins Tony Wflson's part laid off, the said piece of land to be laid offis as nearly a parallelogram as possible on said land and convenient, and to join the lines of said Tony Wilson on the South by the part conveyed to him by deed, also the property is known as "J.W. Wilson 3 Acres (formerly Jane Wilson)" as shown on that certain plat entitled "Property of G.B. Wilson Located in Princess Anne Co. Va", Surveyed by W.B. Oallup, Va. Beach Va., dated September 12, 1936, Certified Surveyor. PARCEL II/: ALL THAT certain piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia and being known and designated as G.B. Wilson 4 acres (to be conveyed to J.W. Wilson), as shown on that certain plat entitled, "Property of G.B. Wilson Located in Princess Anne Co. Va", Surveyed by W.B. Gallup, Va. Beach Va. dated September 12, 1936, Certified Surveyor, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 10, at page 113. - 40 - Item VJ. 8. PUBLIC HEARING ITEM # 44063 PLANNING Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of COWAN CONSTRUCTION AND DESIGN, INC. for a Change of Zoning: ORDINANCE UPON APPLICA TION OF CO WAN CONSTR UCTION AND DESIGN, INC. FORA CHANGE OF ZONING DISTRICT CLASSIFICA TION FROMA-12 TO R-5S Z09981111 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Cowan Construction & Design, Inc. for a Change of Zoning District Classification from A-12 Apartment District to R- 5S Residential Single Family District on certain property located at the southwest corner of Alabama Avenue and Garfield Avenue. The proposed zoning classification change to R-5S is for single family residential land use on lots no less than 5, 000 square feet. The Comprehensive Plan recommends use of this parcel for suburban residential at densities that are compatible with single-family and duplex use in accordance with other Plan policies. Said parcel contains 23, 958 square feet. DISTRICT 3 - ROSE HALL. 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 Eighth of September, Nineteen Hundred and NineS-Eight Voting: 9-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. and William W. Harrison, Jr. September 8, 1998 - 41 - Item V-L9. PUBLIC HEARING ITEM # 44064 PLANNING Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED: Ordinance to AMEND and REORDAIN Sections 111, 401, 801, 901 and 1001 of the City Zoning Ordinance (CZO) and to ADD new Section 233.15 re fiber optics transmission facilities. Voting: 9-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and A. 34. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. and William W. Harrison, Jr. September 8, 1998 1 2 3 4 5 6 AN ORDINANCE AMENDING THE CITY ZONING ORDINANCE BY PROVIDING A DEFINITION OF, AND STANDARDS PERTAINING TO, FIBER-OPTICS TRANSMISSION FACILITIES AND PRESCRIBING THE ZONING DISTRICTS IN WHICH SUCH USE IS PERMITTED 7 8 9 10 SECTIONS AMENDED: CITY ZONING ORDINANCE SECTIONS 111, 401, 801, 901 AND 1001 SECTION ADDED: 233.15 CITY ZONING ORDINANCE SECTION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 111, 401, 801, 901 and 1001 of the City Zoning Ordinance be, and hereby are, amended and reordained, and a new Section 233.15 be, and hereby is, added, to read as follows: Sec. 111. Definitions. Fiber-Optics Transmission Facility, A centralized facility in which fiber-optic voice and data transmission equipment is used to regenerate and route incoming fiber-optic signals. ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO ALL DISTRICTS CONDITIONAL USES AND STRUCTURES. Sec. 233.15. Fiber-Optics Transmission FacilitieS. In addition to general requirements, fiber-optics transmission facilities shall be subject to the following requirements, which shall be deemed tO be conditions of the conditional use permit: (a) All equipment shall be located within a fully-enclosed building; (b) Minimum lot area shall be twenty thousand (20,000) square feet; 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 63 64 (C) Ail lighting shall be directed toward the interior of the site and shall be designed so as to shield adjacent properties from light and glare: and (d) Where adjacent to a residential or apartment district without an intervening street, alley or body of water greater ~han twenty-five (25) feet in width, a minimum fifteen-foot setback shall be required along all lot line~ adjoining such residential or apartment district, and Category IV landscape screening shall be required unless otherwise specified in the conditional use permit. No building or structure or vehicular parking surface shall be located within such setback. ARTICLE 4. AGRICULTURAL DISTRICTS Sec. 401. Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the respective agricultural districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Use Fiber-optics transmission facilities AG- 1 AG- 2 2 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 92 93 94 ARTICLE 8. OFFICE DISTRICTS. Sec. 801. Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the 0-1 and 0-2 Office Districts. Those uses and structures in the respective Office Districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Use 0-1 0-2 Fiber-optics transmission facilities ~ ~ ARTICLE 9. BUSINESS DISTRICTS. Sec. 901. Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the B-1 through B-4 Business Districts. Those uses and structures in the respective business districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Use B-1 B-IA B-2 B-3 B-3A B-4 Fiber-optics transmission facilities 96 97 98 99 100 101 102 103 104 105 106 ARTICLE 10. Sec. 1001. INDUSTRIAL DISTRICTS. Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the I-1 and I-2 Industrial Districts. Those uses and structures in the respective industrial districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. 107 Use I-1 I-2 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 Fiber-optics transmission facilities Adopted by the Council of the City of Virginia Beach, Virginia, on this 8th day of September, 1998. CA-98-7063 ordin\proposed\45-233et.com R-1 June 30, 1998 APPROVED AS TO CONTENT Planning APPROVED AS TO LEGAL SUFFICIENCY Department of Law - 42 - Item V-J. APPOINTMENTS ITEM # 44065 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: DEVELOPMENT A UTHORITY WETLANDS BOARD September 8, 1998 - 43 - Item V-K. 1. UNFINISHED BUSlNESS ITEM # 44066 Council Lady Henley referenced correspondence from former Councilman John A. Baum relative Virginia Power's priorities in restoring power to Blackwater. There are over 400 houses in Blackwater and Gibbs Woods. Virginia Power services Blackwater (and Gibbs Woods in North Carolina -- cut off by the Northwest River) through Chesapeake facilities. Councilman Baum was grateful to receive power 98 hours later and recognizes the lineman's difficult tasks; however, Virginia Power said they would not bring in out-of-state crews because of communication problems. Councilman Baum requested Virginia Power's policy be re- examined for this area. Council Lady Henley distributed copy of correspondence to Members of City Council, which is hereby made a part of the record. September 8, 1998 - 44 - Item V-M. ADJOURNMENT ITEM # 44067 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 5:05 P.M. Chief Deputy City Clerk Ruth Hodges Smith, CMC/AAE City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia September 8, 1998 - 44- Rem V-M. ADJOURNMENT ITEM # 44067 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 5.'05 P.M. Beverly O. Hooks, CMC/AAE Chief Deputy City Clerk Ruth Hodges Smith, CMC/AAE City Clerk Mayor City of Virginia Beach Virginia September 8, 1998