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NOVEMBER 2, 1999 MINUTESCITY COUNCIL Cits,- ot' Vir, 'inia Beach "COMMUNITY FOR A LIFETIME" ~4AYOR SfEYERA F OBERNDORF At Lar~t VI(E ~4AYOR WILLIAM D ~ESSOMS JR At La~ge LINWOOD 0 BRA~'CH I11 Dt~trtt t 6 Bea( h MARG4RET L EURI~ Dt~tru t I (¢ntt rttllt WILLIAM W HARRISON JR Dt~t*ttt 5 I vnnhattn tlAROLD HEI~('ttOBER At Largt BARBARA ~,-f ttFNLEY Dt~trttt 7 Pttnce~ Anne l OUIg R JONES Dttlru 1 4 Bawtdt REBA {; ~(('1ANAN Dt~trt(t 3 Rt~xt ttall NA,%'( Y K PARKER At Large I ~ (DON) WFEKS Dt*trtt t 2 Kemp~[tlle IA~F~ K 3PORI:. Ctty ~anagt~ LFSI IE L LILI EY Ctty Attorno RUTtt HODGE3 3~41TH C~IC'A4E (tiv Chrk CITY COUNCIL AGENDA ( ITt' HALL BUILDING I 2401 ( OURTHOUSE DRIV£ VIRGIN'IA Bk. ACtt VIRGINIA 2 ~456 PItONF (757) 427 4IIH t AX (757) 426 ~669 MAIL CTYCNCL~CIFY VIRGINIA BffACtl VA US November 2, 1999 I CITY MANAGER'S BRIEFINGS - Conference Room - 10:30 AM A B, C0 LEGISLATIVE PACKAGE 2000 [30 min.] Robert R Matth~as, Assistant to the City Manager HRT HANDI-RIDE [30 min.| V~ce Mayor William D Sessoms, Jr SCHOOL TRAFFIC CONTROL [15 min.] E Dean Block, Director, Department of Public Works II, REVIEW OF AGENDA ITEMS III, CITY COUNCIL COMMENTS IV, INFORMAL SESSION - Conference Room - 12:30 PM A. CALL TO ORDER - Mayor Meyera E Oberndorf B. ROLL CALL OF CITY COUNCIL C, RECESS TO CLOSED SESSION V, FORMAL SESSION - Council Chamber- 2:00 PM A, CALL TO ORDER- Mayor Meyera E Oberndorf B INVOCATION: Reverend J Scottie Griffin, DD First Presbyterian Church C PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D ELECTRONIC ROLL CALL OF CITY COUNCIL E CERTIFICATION OF CLOSED SESSION F MINUTES 1 INFORMAL & FORMAL SESSIONS October 26,1999 G AGENDA FOR FORMAL SESSION The Consent Agenda wdl be determined during the Agenda Review Session and considered m the ordinary course of business by Ctty Council to be enacted by one motion. H ORDINANCES/RESOLUTION Ordinance to AMEND Section 37-47 of the City Code re water charges by reducing water usage rates V~rglnia Department of Transportation (VDOT) Resolution to request VDOT to establish a project for a City-wide Intelligent Transportation System (CIP# 2-044); C~ty to pay its share of the total cost for prelimtnary engineering, right-of-way acquisition and construction of this project and if City Council elects to cancel the project, the City agrees to reimburse VDOT for the total amount of the costs expended, and, authorize the City Manager to enter into such agreements as necessary to complete the project Ordinance to ACCEPT and APPROPRIATE a $160,000 Congestion Mitigation and A~r Quality grant from VDOT re an Intelligent Transportation System Master Plan to reduce traffic congemon and to optimize the capacity of the City's roadway network, and, increase the estimated revenue from the Commonwealth be ~ncreased accordingly Ordinance to ACCEPT and APPROPRIATE $193,199 from the Virginia Department of Transportation (VDOT) to the FY 1999-2000 Operating Budget of the Department of Pubhc Works re three (3) storm water and transportation projects re reduction of backlog of storm water and transportation needs, and, estimated revenue from VDOT be ~ncreased accordingly Ordinance to declare approximately 12 65 acres as EXCESS PROPERTY on Bendix Road between Bonney Road and 1-264 (Rt 44), and, authorize the City Manager to dispose of same (ROSE HALL - DISTRICT 3) (Deferred 10/26/99) 4 Tax Refunds: $2,421.31 PLANNING Application of JUDEO-CHRISTIAN OUTREACH CENTER, INC., for a Conditional Use Permit for a group home on the South side of Virgima Beach Boulevard, 195 07 feet East of Seabridge Road (959 Virginia Beach Boulevard), containing 4 059 acres (BEACH - DISTRICT 6) (Deferred Indefinitely July 13, 1999) Recommendation WITHDRAWAL J APPOINTMENTS HISTORICAL REVIEW BOARD PARKS AND RECREATION COMMISSION K UNFINISHED BUSINESS L NEW BUSINESS M ADJOURNMENT CITY COUNCIL DECEMBER SCHEDULE December 7 - 2:00 PM December 14 - 2:00 PM 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) 10/29/99BAP AGENDA\I 1\05\99 www virginia-beach va us o,~ OUR gK~\0~ MINUTES VIRGINIA BEACH CITY COUNCIL V~rg~ma Beach, V~rg~ma November 2, 1999 Mayor Meyera E Oberndorf called to order the CITY MANAGER'S BRIEFING re the LEGISLATIVE PACKAGE tn the Council Conference Room, C~ty Hall Building, on Tuesday, November 2, 1999, at 10 30 AM Council Members Present Margaret L Eure, HaroM He~schober. Barbara M Henley, Lores R clones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, and A M "Don" Weeks Council Members Absent V~ce Mayor Wtlham D Sessoms, dr Wtlham W Harrtson, dr [ENTERED 10 44 A M] [ENTERED 10 40 A M] Ltnwood 0 Branch, II1 [ENTERED 11 O0 A M] -2- COMMENTS OF THE MA YOR ITEM # 45596 Mayor Oberndorf dtstrtbuted a Volunteer Brochure entttled "Virginia Beach", pubhshed tn Mtyazala, Japan, and translated m the Japanese language The pubhcatton encompassed photographs of Mayor Oberndorf, Mary Russo, Ruth Smtth- Ctty Clerk, Polly Frted- Volunteer at the Ftrst Impresston Desk as well as our City Seal, the Resort Area and the Norwegtan Lady The magazme also features the map of the Umted States wtth a spectal notatton for the Ctty of Vtrgtma Beach Mayor Oberndorf dtstrtbuted a Guide for Volunteerism, a booklet also pubhshed tn Mtyazala Thts booklet contamed a complete chapter dedtcated to Vtrgtma Beach and the Volunteer Program tn Vtrgtma Beach Thts ts to serve as a "handbook" for Volunteers tn Mtyazakt The Japanese are very frtendly and gractous tndtvtduals The delegates had the honor and prtvdege to meet Prmcess Ayako, daughter of the Emperor, a very pettte dehcate young lady, 30 years of age, wtth a perfect command of the Enghsh language Thts enabled a vast exchange of tdeas Mayor Oberndorf expressed apprectatton to Counctl Lady Eure for her pattence and cheerful dtspostt~on Dr and Mrs Hamada were excellent hosts, grades, tnterpreters, and Ambassadors for thts extenston o four Stster Ctty effort through enhancement of Mayor Tsumura's Volunteer program tn Mtyazata The delegatton's "house mother and father" - Ruth and Leon Smtth, possessed unttrmg dedtcatton tn thetr orgamzmg and assurmg the safety of all The trtp was very successful The Ctty's delegates were excellent representattves Mayor Oberndorf referenced the delegatton's vtstt to the Osaka Aquarium on October 26, 1999 Thts magn~cent facthty ts vtewed by 12-MILLION visitors per year The total cost of the Aquartum was $2- BILLION The destgn of the acquartum ts a circular center surrounded by seven tubular tanks, each housing a dtfferent regton and vartatton of marine hfe The aquartum enclosure ts glass, apprommately one foot tn depth A full stze whale ts housed tn thetr central water tank Thelr theme ts the "ring offire "(representing the seven volcanoes whtch have erupted around the region) Antart~ca andAustraha were two regtons among those represented Seven archttects from Harvard designed the facdtty whtch ls butlt on a harbor The Archttects are the same firm proposed to destgn the next expansion of the V~rgmta Marine Sctence Museum tn Vtrgtma Beach R~ght across the harbor, Umversal Ptctures ts constructing a theme park costing $100- MILLION The worM's largest ferrts wheel was also installed near thts facdtty A MiyazakiDelegation of Volunteer Leaders comprtsmg approxtmately 40 members, w~ll arrtve tn Vtrg~ma Beach on December 8, 1999 November 2, 1999 -3- CITY MANA GER'S BRIEFING LEGISLATIVE PACKAGE 2000 10:30 A. M. ITEM # 4559 7 Robert R Matthtas, Asststant to the Ctty Manager, advtsed the theme for thts year's Legislative Package ts "The Commonwealth's attempt to shift responsibilities (mandates) to localities without providing adequate funding" Wtth the change tn the Comprehenstve Servtces Act and proposed changes of support from the state for mental health and mental retardatton acttvtttes, thts ts certamly evtdent The program for troubled youth was prevtously funded under a "sum suffictent category", whtch meant approprtattng whatever montes are needed Whtle the state may have controlled tts costs, the cost to localtttes ts skyrocketing As of July 7th of thts fiscal year, the Virginia Beach Juvenile Court Judges have obhgated all of the non-mandated funds approprtated for Vtrgmta Beach FY 2000 Last year, the Ctty had to transfer approximately $400, O00 from the reserve tn the Comprehensive Services Act to pay for servtces rendered Although the General Assembly has provtded addtttonal funds for state atd to law enforcement (House Bill 599) and the lottery proceeds for school constructton, netther of these programs can be expected to continue In fact, members of the 1999 General Assembly attempted to have the lottery proceeds return placed mto the Code to ensure that the General Assembly wouM be obhgated to send those montes to locahttes However, thts attempt was defeated In that regard, House Bill 599 fundmg ts part of the Code but the General Assembly, for more than ten years, has seen fit to under-fund the formula-dertved amount of money that ts supposed to be returned to locahttes A final example of thts shtfi ts found tn the state's use of Juvenile Accountability Block Grant funds from the federal government Instead of passmg those funds dtrectly to the locahttes, the state allocated 75% of the funds avatlable from the federal government to programs prevtouslyfunded wtthm the state's general funds, reducing the amount of grant funds avatlable to locahttes and further exasperatmg Vtrgmta Beach and other local governments' abthty to provMe the servtces tts voters expect The legtslattve package from the Cttyfor the first Btenmum of the Mtllenmum ts prtmartlyfundmg ortented FUNDING FOR EDUCATION Whde locahttes are grateful for the funds placed into educatton mfrastructure and technology from the state lottery, the City beheves that all of the approxtmate $310-MILLION a year from the lottery shouM be made avadable to locahttes mstead of less than 'half of that amount that ts now avatlable (the remainder of the lottery funds are being utdtzed by the state to meets tts share of the SOQs) FUNDING FOR TRANSPORTATION The General Assembly ts urged to develop a larger stream of revenue to pay for the mamtenance of the extstmg roads and other transportatton modahttes and to address the $1 to $2-BILLION in annual shortfalls for transportatton fundmg on a statewtde basts The recent work completed by the Hampton Roads Metropohtan Planning Orgamzatton (MPO) tn tdent~fymg and prtortttzmg even htgh-cost, unfunded projects shouM be rewarded by the state wtth the necessary fundmg to pay for these much needed projects, the Southeastern Parlang and Route 460 projects shouM be among the first to be addressed by the state for tmproved mobthty tn and out of Vtrgtma Beach, the Hampton Roads area, and most tmportant, the marme termmals that comprtse the Port of Hampton Roads The Mayor has forwarded correspondence to the Governor suggesttng spendmgfunds to tmprove 1-64 for hurrtcane evacuatton might be better expended on Route 460 Any tmprovements to 1-64 wtll sttll result tn a bottleneck of the Hampton Roads Brtdge Tunnel and the Third Crossmg FUNDING FOR HOUSE BILL 599 - STATE AID TO LOCAL LAW ENFORCEMENT The General Assembly shouM conttnue to approprtate dtundtng for the statutory level for House Bill 599 and ensure that no changes are made to the fundmg formula unless an addtttonal stream of revenue ts made avadable to address the "high crime areas"on facthttes and tmproved commumcattons November 2, 1999 -4- CITYMANAGER'S BRIEFING LEGISLATIVE PA CKA GE 2000 ITEM # 45597 (Continued) FUNDING FOR THE VIRGINIA MARINE SCIENCE MUSEUM, PHASE III, CAPITAL BUDGET The City is requesting $5-MILLION for each year of the Biennium for 20% of construction costs The total cost of the project is estimated at $55,000,000. State funds tn the amount of $10-MILLION for the Btenmum are extremely crmcal to the project time hne Upon completion, Phase III will make the Virginia Marine Science Museum one of the top aquarium facilities in the world and increase Virgtma's position as a worldwide tourist destination point FUNDING FOR COMPREHENSIVE SERVICES A CT (CSA): The General Assembly is encouraged to repeal the Comprehensive Services Act and replace it with a sum-sufficient revenue stream to provide necessary care to the children in need of services while providing protection to the pubhc-at-large FUNDING FOR COMMUNITY SERVICES BOARD (CSB): The City of Vtrgmla Beach requests the General Assembly address the following FUNDING: Support the VACSB funding request for CSB community based mental health, mental retardation and substance abuse services MEDICAID Request that Medicaid match for CSB services be appropriated by the General Assembly and no longer deducted from CSB state dollars SERVICES TO SEXUALL Y VIOLENTPREDA TORS The 1998 General Assembly amended Virginia Code Section 37.1-197 to describe increased CSB responsibih ties for discharge planmngforpersons coming from state mental health facihttes In 1999, the Code was amended to add Chapter 2, which relates to the civil commitment of sexually violent predators The new statute allows the court to order that a sexually violent predator be held tn the custody of DMHMRSAS state facility or allows the judge to directly order a person to commumty based treatment ~f a less restrictive alternative is deemed suitable Since the CSB is also responsible for provMmg discharge planmng from state facihttes, the locahty wouM be responsible for providing very expensive (very high liability) hfe long supervision and treatment of sexually violent predators upon discharge However, no fi~ndmg was dedicated to serve thts population as the General Assembly had included a re-enactment clause when the legislation was passed The re-enactment clause was to allow the Virginia State Crime Commission to study the issue (S JR 332) When the Governor signed the bill, however, he struck the re-enactment clause The Blllwlll go into effect danuary 1, 2000 The City of Virginia Beach wants the legislation repealed or asks that the services required be funded sum-sufficient HOUSING FOR DISABLED PERSONS Support the appointment of a Commission to develop a plan to met the housing needs of Mentally Dlsabled Persons in Vlrglma The composition of the Commission shouM include representatives from local housing departments~authorities, local elected officials, CSBs, VI-IDA, DHCD, DMHMRSAS, and local city/county attorneys The plan shouM be completed by December of 2000 November 2, 1999 -5- CITYMANAGER'S BRIEFING LEGISLATIVE PA CKA GE 2000 ITEM ti 45597 (Continued) EMPLOYMENT FOR DISABLED PERSONS Support the appointment of a Commission to develop a plan to meet the employment needs of mentally disabled and substance dependent persons tn Virginia The composition of the Commission should be representatives from local government, DRS, DHHMRSAS, CSBs, VEC and local/regional business representatives The plan shouM be completed by December of 2000 REVISION of 37.1-197: Support the revision of Virginia Code Section 37.1-197-37.1-199. The City requests amendment of the Code to more clearly define the role and responstbthty of local government with regard to mental health, mental retardation and substance abuse service dehvery FUNDING FOR OPERA TION, MAINTENANCE AND CONSTRUCTION OF JUVENILE FA CILITIES: Request the State Code be amended to require at least 50% state.funding for operation, maintenance and construction cost of approved juvenile detention facilities This should be 50% of the actual cost of such faclhtles that meet the state standards and putting arbitrary caps on the amount of state funding is inappropriate By Consensus, the City will not construct a detention home unless 50% .funding is provided by the General Assembly The state has an artificial cap on the amount of money for bid The current cap ts $52,000 which the State ts recommending to increase to $57,500. The City's cost ts approximately $160,000. FUNDING FOR PUBLIC LIBRARIES The City requests the General Assembly fully fund state aid to Virginia Public Libraries in the FY2000-2002 budget It ts currently estimated that full funding of state aM wtll require a $3.5-MILLIONincrease in FY2001 over FY 2000funding levels An additional $600,000 increase in FY 2002 will be required to maintain full funding The current funding level for state aM and levels proposed to achieve and mamtam fidl fundmg are as follows Current State AM Appropruttton ut FY 2000 Request for FY 2001 Full Funding Request for FY 2002 $16, 943,113 $20,465,405 $21,066,238 FUNDING FOR STATE HEAL TH DEPARTMENT: Approximately $6. 7-MILLION is needed to .fully .fund other health services at the current formula provisions Virginia Beach, which has the lowest per capita state fimdmg of any of the 35 &strlcts :/or pubhc health, would be able to reduce the match required by the City from 45% to 36% and increase the fimds allocated by the City by $1.4-MILLION This would also level the playmgfield across the state where a low of $8 81 is provtded by the state per capita tn comparison to a high of $38 03 per capita tn another locahty tn Virginia 52, 000 children under the age of five would receive more dental care, immunizations, and healthy family services to prepare them for hfelong learning It ts well established that for every dollar spent to provide prenatal care to low income women, approximately $3 ts saved in expenditures for direct medical costs during the infant 's first year of hfe Furthermore, the City could reduce incidents qf bactertal food borne illness, whooping cough, and other childhood &seases November 2, 1999 -6- CITYMANAGER'S BRIEFING LEGISLATIVE PA CKA GE 2000 ITEM # 4559 7 (Continued) FUNDING FOR OPEN SPA CE In October 1999, the Vtrg~ma Beach City Council adopted a Resolution requesttng the General Assembly establish a funding stream of at least $40-MILLION a year for this open space Through this document, this request is retterated Also, when Section 10.1-1704 of the Virginia Code was amended m 1997, there was an inadvertent change made that would techmcally apply to acqulsmons by the City of Vlrgmta Beach under the Agriculture Reserve Program (ARP). The City ts requesting Amendment to Virginia Code, Section 10.1- 1704. "Notwithstanding the provtsions of sub&viston fi0, ~f the pubhc body determmes, by ordinance, that the open space land converted or diverted ts no longer needed for open space purposes, it shall not be requtred to substitute other real property as open space land unless funds of the Open Space Lands Preservation Trust Fund were used in connectton wtth the acqutsttton by the pubhc body of any rtght, title or mterest tn the land converted or &verted " FUNDING FOR CONTEMPORARY ART CENTER OF VIRGINIA EXPANDED ED UCA TIONAL PROGRAMS: The Contemporary Art Center of Virginia requests $500,000 over the Blenmum from the legtslature for the purpose of developing an expanded educational program that employs state-of-the-art telecommumcattons to reach students and educators state-wide The Ctty proposes to electromcally export these educattonal programs to schools outside the regton offering educators a cost-effective means to meet the requirements of the SOL 'S May schools In the state lack adequate resources to develop and implement such a program In addttton to state support, the Center is acttvely seelang corporate partners for thts technology mmative that will assist with the needs of the schools By ta]ang the program state-wide, the Center is able to take advantage of economtes of scale and reduce the cost per student The Center's educational staff wdl coordinate with other mstttutions to present "traveling exhtb~tions" destgned to provtde students opportunmes for direct observatton of paintings, drawings, sculptures, art~facts or other objects The Ctty also proposes to electromcally export the Teacher Instttute state-wide thus offering educators m remote counttes and underJunded school districts the opportumty to benefit Funding from the Legislature will allow the Center to promote and coordinate the expanded program, make the necessary investment m technology wtth training and augment the educational staff MEAL TAX The General Assembly is requested to amend the legtslation that modified the definition of food when it reduced the state sales tax on food Agreement on thts has been reached between the food dealers, l/g/IL and VACO and they are endorsing same POST LABOR DA Y SCHOOL OPENING The City has supported the post Labor Day school opening smce it was mltially estabhshed and request no change be made to the current legtslatlon The tourtsm industry has become tncreasmgly tmportant to Vtrgmla and Vlrgmta Beach A change tn the post Labor Day school opening legtslation wouM pose a tremendous threat to the contrtbution of tourist dollars to the state's economy November 2, 1999 -7- CITY MANAGER'S BRIEFING LEGISLATIVE PA CKA GE 2000 ITEM # 45597 (Continued) ALCOHOL BEVERA GE CONTROL (The C~ty ts not ready to proceed wtth thts ttem) ABSENTEE VOTING The Ctty supports the amendment to Section 24.2- 707of the Vt rgmta Code to allow absentee voting forms to be submttted, tn person, at Department of Motor Vehicle offices The Ctty requests the following addttton "Any such locatton shouM be tn a pubhc butldmg owned or leased by the state" USE OF NON-PAID INSPECTORS TO ENFORCE STATE-WIDE BUILDING MAINTENANCE CODE: The Ctty ts destrous of extendmg the use of Volunteers to expressly authortze, through the Vtrgtma Code, the use of non-pard (volunteer) inspectors to enforce the state-wide Budding Maintenance Code and enforce Ctty property maintenance ordtnances These volunteers wouM be fully tramed and wouM provtde a cost-effecttve adjunct to the Ctty's pard inspector program Mayor Oberndorf referenced correspondence and telephone conversatton relative the CSB tssue wtth Senator Gartland Mr Matthtas advtsed the Commonwealth ts revtewmg a Btll as htgh as $300-MILLION just to brmg the extstmg state mental hospttals mto comphance wtth basw butldmg codes and to keep from bemg sued by the Federal government Thetr plan ts to de-mstttuttonahze many restdents andperhaps return them to the commumty All of the fundmg formulas are a state-wtde tssue Mr Matthtas advised Councd Lady Eure, the Commonwealth Transportatton Fund was estabhshed tn 1986 and 80% goes to htghways (40% to prtmary roads tn counttes/30% to secondary systems/30% to urban systems), w~th the remaining 20% dtv~ded between mass transport andports/atrports There rs apush to have the funds placed tn areas of congestton, whtch would probably be tn the urban and secondary system However, the Ctty ts requesting "do not change the fundtngformula" unless addmonal funds are added to have the cmzens remain "held harmless" E Dean Block, Dtrector of Pubhc Works -advtsed Councdman Weeks the Juvenile Detention Facility design has been refined wtth a vartety of fa~rly mexpenstve architectural techmques Vice Mayor Sessoms requested an addttton concermng the desperate need for a Conventton Center for Vtrgtnta Beach The state has parttctpated tn prevtous years wtth the funding for these centers tn other areas Mr Matthtas referenced the Richmond Convention Center represents fourjur~sdtcttons Ctty of Rtchmond, Hanover County, Henrtco County and ChesterfieM County, who requested the General Assembly over a three-year pertod to have the transtent occupancy tax tncreased twtce for a total of 4% All of these funds are dedwated back to the Rtchmond Conventton Center, whtch cost $160-MILLION The convention center had the support of the enttre regton and the State Department of Tourtsm Mr Matthtas beheves a $10- MILLION request wouM compete wtth the Martne Sctence Museum expanston At thts ttme, the Ctty couM commence constderatton of thts ttem, however, wouM not be ready for constructton tn thts Btenmum The General Assembly does not make the approprtatton unttl constructton ts near completton and tt ts a retmbursement Mr Matthtas suggested an ttem mtght be added to the Legtslattve Package requesting the State conduct a study of the benefit to the State for a conventton center of a certatn stze m the Ctty of Vtrgmta Beach The Ctty Manager referenced the Hampton Roads Partnership has funded a study to examtne the s~gmficance ora major regtonal conventton center tn Hampton Roads and the presumptton has been t t wouM be located tn Vtrgmta Beach Mayor Oberndorf advtsed thts Hampton Roads Partnershtp study has been "dr~mg" for almost two years Hampton and Portsmouth are bmldmg thetr own new Conventton and Conference Centers also wtth a hotel Whde Vtrgtma Beach ts betng pattent, other locahttes are budding Mr. Matthtas satd tt shouM be defined as to whether a "conference center" or "conventton center" ts requested Mayor Oberndorf requested support for mcluston of"sexual orientation" under the current State Code tn any proposed hate crtmes legtslatton The person who commits the crtme selects his or her vtcttm because of the vtcttm's race, rehgtous convtcttons, color or nattonal ortgm Mayor Oberndorf wtll provtde copies of her proposal November 2, 1999 -8- CITY MANA GER'S BRIEFING LEGISLATIVE PA CKA GE 2000 ITEM # 45597 (Continued) Mr Matthtas advtsed the legtslatton has been tntroduced several ttmes tn the past Thts wdl be dtfficult to get through the General Assembly, as espectally the Senate Courts Commtttee does not beheve there shouM be enhanced penalttes for bastcally any crtme unless a firearm ts utdtzed Councd Lady Henley referenced the Tauluch ditching tssue related to Stumpy Lake, whtch mtght tmpact thts area Mr Matthtas suggested supportmg the Governor's worlang group report whtch contatns language concernmg closmg this loophole and referenced funding over a lO-year pertod for restoratton A copy of the Governor's report and recommendatton wtll be forwarded for utthzatton as the framework for the Legtslattve Package tssue Concernmg Counctlman Branch's mqmry, Mr Matthtas advtsed the one plan entttled "S for 5" ts not a good plan for ctttes Bastcally, thts plan would redtrect 5% of the State tncome tax revenues back to the durtsdtcttons tn return for the jurtsdtcttons cutting real estate tax by 5% Thts mtght end up being a loss After one year, locahttes can ratse their real estate tax Councdman Hetschober noted there ts no mentton of redistribution and sharing of sales tax As a result of the Ctty's local acttvtttes, greater sales tax ts being created for the State and thus increasing thetr revenues Councdman Hetschober beheves the State's share of sales tax versus the local share ts much greater than the potenttal dtstrtbutton oJ the income tax Mr Matthias advtsed localities receive 2% of the 4-~ % The State recetves 2-1/2% of whtch ~ ts returned to the Commonwealth Transportation Trust Fund Asststant City Attorney Randall Blow advtsed tn the Sprmg the General Assembly had reduced the dtstance of the jet sloes from tndtvtduals tn the water to 50feet The Ctty Councd destred thts be mcreased back to l OO feet Thts will be ADDED to the Legislative Package Mr Matthtas advtsed the Ctty Counctl has scheduled a dotnt Meettng wtth the School Board and General Assembly Delegatton an December 1, 1999 The Legtslattve Package wtll be SCHEDULED for adoptton on December 7, 1999 November 2, 1999 -9- CITY MANA GER'S BRIEFING HR T HAND I-RID E ITEM # 45598 Thts ttem wtll be dtscussed durtng the CLOSED SESSION November 2, 1999 -I0- CITYMANAGER'S BRIEFING SCHOOL TRAFFIC CONTROL 11:32 A.M. ITEM # 45599 E Dean Block, Dtrector ofPubhc Works, &strtbutedcoptes ofhts presentanon Thepurpose oftheBnefing rs to provtde mformaaon related to the recent acctdent at Cox High School, compare htgh school acctdent h~stones, address school zone safety issues and an alternative course of actton The pedestrian acczdent at Cox Hzgh School occurred on Tuesday, October 19, 1999, at dawn (6 48 A M) m a crosswalk on North Great Neck Road at Falcon Crescent The vehtcular accident mvolved two Cox Htgh School students one who was drtvtng and the other pedestrmn who was tnjured tn the cross-walk A school pohcy extsts against crossing North Great Neck Road School transportanon rs provtded to students who hve east of North Great Neck Road There rs a traffic signal with pedestrian push buttons at Shorehaven Driv& PRESENT SITUATION A T FALCON CRESCENT No prtor acctdents revolving pedestrtans Adequate v~s~&hty tn all dtrecaons The October 19 acctdent dtd not occur when cautton hghts wouM have normally been operating Traffic s~gnal at Falcon Crescent rs not warranted New pavement and marlangs recently ~nstalled Mr Block &splayed graphs depicting the number of yearly acctdents and those acctdents during ttme of caution hghts ~f present at Cox, Tallwood and Princess Anne Kempswlle has a traffic mgnal and caution hght Baystde has a cautton hght and rs tn a restdenttal &strict Ocean Lakes High School does not have a stgnal nor caution hght, but ~t rs on a 25 male-per-hour road The graphs mdtcate the majortty of the acctdents occur outstde of the t~me cautton hghts wouM be tn effect Traffic Engtneenng conducts annual school surveys and reviews traffic related issues for each school Mr Block outhned the Alternatives: Maintain Current Policy - Do not provtde school zone caution hghts to schools w~thout &rect access to an arterial roadway or served by a traffic stgnal on the artertal roadway Modify Existing Policy -Provtde school zone caution lights for Cox, Princess Anne and Tallwood High Schools Total Cost - $100,000. Councdman Harrison requested the Ctty Manager increase the momtormg of the speed hm~ts on Great Neck Road, as the average rate of speed rs approxtmately 55 mdes per hour Counctl Lady Henley requested addtttonal school educattonal programs relaave traffic safety Mayor Oberndorf referenced some of the cars of parents and students are parked behind Kemps Lan&rig School enabhng the m&vtduals to cross over to the baseball fieM The City shall review this tssue BY CONSENSUS, C~ty Counctl AUTHORIZED the City Manager to proceed with the design of the school zone caution lights for Cox, Princess and Tallwood High Schools at a total cost of approximately $100,000, with the possibility of the School Board sharing this cost. November 2, 1999 -11 - AGENDA RE VIEW SESSION 11:50 A.M. ITEM # 45600 I1 Apphcaaon of JUDEO-CHRISTIAN 0 UTREA CH CENTER, INC., d'or a Condmonal Use Permit for a group home on the South s~de of Virglma Beach Boulevard, 195 07feet East of Seabrldge Road (959 V~rgmla Beach Boulevard), containing 4 059 acres (BEACH- DISTRICT 6) (Deferred Indefimtely July 13, 1999) Councilman Branch expressed appreciation to the Mayor and City Councd for appomtmg the Task Force relative this apphcat~on He has thoroughly enjoyed worlang with Councd Lady Parker Applications of this nature mtght be considered through another process, not just as a planning item, so the proper agencies mzght be revolved by the tzme ~t becomes a land use zssue Council Lady Parker advtsed th~s is a very broad issue and the Task Force went as far as Cowngton, Vlrgima, and to Richmond to speak with individuals and to gain knowledge and experience on th~s issue The Judeo-Chnst~an Outreach Center, lnc will continue to work w~th Social Services to ~denafy the problems The C~ty Councd will be kept apprised relative this ~ssue of the group home for chddren ITEM # 45601 Councilman Harrison wdl SPONSOR Bridget Guthr~e, a student at Cox H~gh School, to speak under NEW BUSINESS concerning school traffic safety ITEM # 45602 Councilman Weeks wdl SPONSOR Gus Giesekoch to speak under NEW BUSINESS relative stormwater drainage. ITEM # 45603 BY CONSENSUS, the following items shall compose the CONSENTAGENDA ORDINANCES/RESOL UTIONS H 10rdtnance to AMEND Section 37-47 of the C~ty Code re water charges by reducing water usage rates H 2 Virginia Department of Transportation (l/DOD Resolution to request VDOT establish a proJect for a City-wide Intelligent Transportation System (CIP# 2-044); C~ty to pay ~ts share of the total cost forprehmmary engineering, right-of-way acqmsltion and construction of this project and tf C~ty Council elects to cancel the project, the City agrees to reimburse VDOT for the total amount of the costs expended, and, authorize the City Manager to enter into such agreements as necessary to complete the project Ordinance to ACCEPT and APPROPRIA TE a $160,000 Congestion Mmgatton andAir Quality grant from VDOT re an Intelligent Transportation System Master Plan to reduce traffic congestion and optimize the capacity of the C~ty's roadway network, and, the estimated revenue from the Commonwealth be increased accordingly November 2, 1999 -12- AGENDA RE VIEW SESSION ITEM # 45603 (Continued) Ordtnance to A CCEPT and APPROPRIA TE $193,199from the Vtrgima Department of Transportatton (VDOT) to the FY 1999- 2000 Operating Budget of the Department of Pubhc Works re three (3) storm water and transportation projects re reduction of backlog of storm water and transportation needs, and, estimated revenue from VDOT be increased accordtngly H 3 Ordinance to declare approximately 12 65 acres as EXCESS PROPERTY on Bendix Road between Bonney Road and 1-264 (Rt 44), and, authorize the City Manager to dtspose of same (ROSE HALL - DISTRICT 3) (Deferred 10/26/99) H 4 Tax Refunds: $2,421.31 PLANNING I1 Application of JUDEO-CHRISTIAN 0 UTREA CH CENTER, INC., for a Condtttonal Use Permit for a group home on the South side of Virginia Beach Boulevard, 195 07 feet East of Seabridge Road (959 Virginia Beach Boulevard), containing 4 059 acres (BEACH- DISTRICT 6) (Deferred Indefinitely July 13, 1999) November 2, 1999 -13- CITY COUNCIL COMMENTS 1:20 P.M. ITEM it 45604 Council Lady Henley comphmented the Chief Deputy City Clerk on her excellent compilation of the City Council Minutes ITEM it 45605 Counctl Lady McClanan referenced the issue ora Cox Cable box installed chrectly m front of a residence at 5414 Chatham Hall Drive The Ctty Manager advised Cox has been notified and admttted their mistake Thts box will be moved Thts location was not approved by the City ITEM it 45606 Council Lady Parker referenced correspondence from dohn Ashley on Shetland Court concermng the manhole cover placed by the City on his property The fill d~rt placed on h~s yard to repazr the damage of this cover was filled w~th aggregate. The City Manager will review and reply November 2, 1999 -14- ITEM tt 45607 Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEA CH CITY COUNCIL tn the Ctty Councd Conference Room, Ctty Hall Budding, on Tuesday, November 2, 1999, at 12 O0 PM Counctl Members Present Lmwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, ~lr, HaroM Hetschober, Barbara M Henley, Louts R ~lones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker, l~tce Mayor Wdham D Sessoms, Jr and A M "Don" Weeks Councd Members Absent None November 2, 1999 -15- ITEM it 45608 Mayor Meyera E Oberndorf, entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2 1-344(A9, Code of Virginia, as amended, for the followmg purpose PERSONNEL MATTERS D~scusslon, consideration 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) (I) To Wit Boards and Commissions Historical Review Board Parks and Recreation Commission PUBLICLY-HELD PROPERTY Discussion or consideration of the condition, acquisition, or use of real propertyfor pubhc purpose, or of the disposition of pubhcly-heM real property, for discussion in an open meeting whzch wouM adversely affect the bargaining posmon or negotiating strategy of the public bodypursuant to Section 2 1-344(A)(3) To-Wit Acquisition/Disposition of Real Property - Southeastern Parkway & Greenbelt Mounted Patrol Facilities Central Business Dtstrtct LEGAL MATTERS Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, where such consultation or briefing in open meetings wouM adversely affect the negotiating or htigatmg position of the pubhc body and consultation with legal counsel employed or retained by a public body regarding specific matters requiring the provision of legal adwce by such counsel pursuant to Section 2 1-344(A)(7) To-Wit Contractual Negotiation - Central Business District Department for the Rights of Virginians with Dtsabdities v Transportation District Commission of Hampton Roads Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council voted to proceed into CLOSED SESSION. Vonng 11-0 Council Members Voting Aye Llnwood 0 Branch, III, Margaret L Eure, William W Harrison, dr, HaroM He~schober, Barbara M Henley, Louis R clones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vzce Mayor William D Sessoms, dr and A M "Don" Weeks Councd Members Vonng Nay None Council Members Absent None November 2, 1999 -16- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL November 2, 1999 2:00 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL m the Councd Chamber, Ctty Hall Butldmg, on Tuesday, November 2, 1999, at 2 O0 PM Counctl Members Present Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr, HaroM Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and A M "Don" Weeks Counctl Members Absent None INVOCATION Reverend d Scottte Grtffin, DD F~rst Presbyterian Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vtce Mayor Sessoms, bemg a Corporate Officer of Wachovta Bank, &sclosed there were no matters on the agenda m whwh he has a "personal interest", as defined m the Act, e~ther m&vMually or m hts capacity as an officer of Wachovta Bank The V~ce Mayor regularly makes th~s Dtsclosure as he may not know of the Bank's ~nterest m any apphcatton that may come before C~ty Councd Vtce Mayor Sessoms' letter o f January 4, 1999, ts hereby made apart of the record November 2, 1999 -17- Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 45609 Upon morion by Vtce Mayor Sessoms, seconded by Counctlman Hetschober, City Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public busmess matters lawfully exempted from Open Meeting requirements by Vlrgmia law were dtscussed tn Closed Session to whtch thts certtficatton resolutton apphes, AND, Only such pubhc bustness matters as were tdenttfied tn the motton convemng the Closed Session were heard, d~scussed or considered by Vlrginta Beach City Council Voting 11-0 Counc~l Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, HaroM Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, MayorMeyera E Oberndorf, Nancy K Parker, Vice Mayor Wtlham D Sessoms, Jr and A M "Don" Weeks Council Members Voting Nay None Counctl Members Absent None November 2, 1999 CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 45608 Page 15, 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 Closed 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 reqmrements by Virginia law were discussed in Closed Session to which this certification resolution applies, and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ~h Hollies S~ith, C~I~IC/AAE City Clerk November 2, 1999 -18- Item V-F. 1 MINUTES ITEM ii 45610 Upon moaon by Vtce MayorSessoms, seconded by Councdman Hetschober, Ctty Councd APPROVED the Mmutes of the INFORMAL AND FORMAL SESSIONS of October 26, 1999. Vottng 11-0 Councd Members Voting Aye Ltnwood 0 Branch, Ili, Wdham W Harrtson, Jr, HaroM Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and A M "Don" Weeks Councd Members Voting Nay None Councd Members Abstatmng Mayor Meyera E Oberndorf and Margaret L Eure Council Members Absent None Mayor Oberndorf ABSTAINED as she was not tn attendance durtng the Ctty Council Sesston of October 26, 1999 Mayor Oberndorf headed the Delegation to the Internattonal Volunteer Summit tn M~yaza/a, JAPAN Council Lady Eure ABSTAINED as she was not tn attendance durmg the Ctty Council Sesston of October 26, 1999 Council Lady Eure was a Delegate to the Internattonal Volunteer Summtt in Mlyazala, JAPAN November 2, 1999 Item V-G. 1. -19- ADOPT AGENDA FOR FORMAL SESSION ITEM # 45611 BY CONSENSUS, Ctty Council ADOPTED: AGENDA FOR THE FORMAL SESSION Counctlman Harrtson roll SPONSOR Bridget Guthr~e, a student at Cox Htgh School, to speak under NEIVBUSINESS concerning school traffic safety Counctlman Weeks mil SPONSOR Gus Gtesekoch to speak under NEW BUSINESS relative stormwater drainage. November 2, 1999 - 20 - Item V-G. 2. INTRODUCED ITEM # 45612 Mayor Oberndorf recogmzed the following Cub Scout Pack tn attendance to earn their badges for citizenship in the community: CUB SCOUT PA CK 63 FRANCES ASB UR Y CHURCH Debbie Williams Leader November 2, 1999 - 21 - Item V-H ORDINANCES/RESOL UTION ITEM # 45613 Upon motton by Vwe Mayor Sesso ms, seconded b y Counct lman Branch, Ct ty Counct l APPRO VED IN ONE MOTION, Ordtnances/Resolutton 1, 2a/b/c, 3 and 4 of the CONSENT AGENDA and Item 1 of the PLANNING AGENDA. Vottng 11-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, dr, HaroM Hetschober, Barbara M Henley, Louts R dones, Reba S McClanan. Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, dr and A M "Don" Weeks Councd Members Voting Nay None Counctl Members Absent None Counctlman Harrtson ABSTAINED on ItemH 3 (EXCESS PROPERTY on Bendix Road), as his law firm represents Sentara The apphcant for the Excess Property Ordmance has a contract wtth Sentara whtch ts conttngent upon the acqutsttton of the Bendtx Road property from the C~ty Mayor Meyera E Oberndorf DISCLOSED on Item H 3 (EXCESS PROPERTY on Bendix Road)on Item 1 3 (EXCESS PROPERTYon Bendix Road), she ts a Member of the Executtve Board of Sentara, however, she does not recetve any salary or compensatton from Sentara, does not have an ownershtp tn Sentara and has not tncurred or assumed any personal habthty on behalf of Sentara The Ctty Attorney has advtsed her thts interest does not meet the crtterm of a personal interest tn a transactton of the Confltct oflnterests Act Mayor Oberndorf wtshes to dtsclose thts interest and declare she ts able to partwipate m the transactton fatrly, objecttvely and tn the pubhc tnterest Vwe Mayor Sessoms DISCLOSED on Item H 3 (EXCESS PROPERTY on Bendix Road), he ~s a Member of the Executtve Board of Sentara, however, he does not recetve any salary or compensatton from Sentara, does not have an ownership tn Sentara and has not recurred or assumed any personal ha&hty on behalf of Sentara The Ctty Attorney has advtsed btm thts interest does not meet the crtterta of a personal interest m a transactton of the Conflwt of Interests Act Vice Mayor Sessoms wtshes to dtsclose thts interest and declare he ts able to partwipate in the transactton fatrly, objecttvely and m the pubhc interest Counct l Lady Henley DISCLOSED on Item H 3 (EXCESS PROPERTY on Bendix Road) , she ts a Member of the Executtve Board of Sentara, however, she does not recetve any salary or compensatton from Sentara, does not have an ownershtp tn Sentara and has not recurred or assumed any personal habthty on behalf of Sentara. The Ctty Attorney has advtsed her thts interest does not meet the crtterta of a personal interest tn a transactton of the ConJhct oflnterests Act Counctl Lady Henley wtshes to dtsclose thts interest and declare she ts able to partwtpate tn the transactton fatrly, objecttvely and tn the pubhc interest November 2, 1999 - 22 - Item V.H. 1. ORDINANCES/RESOL UTION ITEM # 45614 Upon motton by V~ce Mayor Sessoms, seconded by Councdman Branch, C~ty Councd ADOPTED Ordtnance to AMEND Sectton 3 7-47 of the C~ty Code re water charges by reducing water usage rates Vottng I 1-0 (By ConsenO Councd Members Vottng Aye Lmwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, dr Harold He~schober, Barbara M Henley, Lou~s R dories, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, V~ce Mayor Wdham D Sessoms, .Ir and A M "Don" Weeks Councd Members Voting Nay None Councd Members Absent None November 2, 1999 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO WATER CHARGES BY REDUCING WATER USAGE RATES SECTION AMENDED: § 37-47 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sectzon 37-47 of the City Code zs hereby amended and 7 reordained to read as follows: 8 Sec. 37-47. Water usage rates prescribed. In addition to the charges provided for in sectzon 37-46, each 10 consumer shall pay for water usage the rate of tb~ ~ ..... ~ 11 12 13 14 ............ ~ ~, 19~; .... three dollars and ~4..~.. .... ~ fzve fi -five 15 cents (~ $3.55) per one thousand (1,000) gallons_ ~ 19~ ' ~ 16 effective as of July 1, ~ 1999. 17 Adopted by the City Councml of the City of Virgmnza 18 Beach, Vzrgznia, on this 2nd day of November, 1999. 19 20 21 22 23 CA-7507 DATA/ODIN/PROPOSED/37-047.ORD R2 PREPARED: October 20, 1999 - 23 - Item V-H. 2. a/b/c. ORDINANCE ITEM # 45615 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Virginia Department of Transportation (VDOT) Resolution to request VDOT establish a project for a City-wide Intelligent Transportation System (CIP# 2-044); City to pay its share of the total cost for prehmtnary engineering, right-of-way acquisition and construction of this project and ~f City Council elects to cancel the project, the City agrees to reimburse VDOT for the total amount of the costs expended, and, authorize the City Manager to enter into such agreements as necessary to complete the project Ordinance to ACCEPT and APPROPRIATE a $160, 000 Congestion Mtttgatton and Air Quahty grant from VDOT re an Intelligent Transportation System Master Plan to reduce traffic congestion and optimize the capacity of the City's roadway network, and, the estimated revenue from the Commonwealth be increased accordingly Ordinance to ACCEPT and APPROPRIATE $193,199 from the Vtrgmta Department of Transportation (I/DOD to the FY 1999-2000 Operating Budget of the Department of Pubhc Works re three (3) storm water and transportation projects re reduction of backlog of storm water and transportation needs, and, estimated revenue from VDOT be increased accordingly Voting 11-0 (By ConsenO Council Members Voting Aye Dnwood 0 Branch, III, Margaret L Eure, William W Harrison, dr HaroM Hetschober, Barbara M Henley, Louts R dories, Reba S McClanan, MayorMeyera E Oberndorf, Nancy K Parker, V~ce Mayor Wdham D Sessoms, dr and A M "Don" Weeks Councd Members Voting Nay None Council Members Absent None November 2, 1999 PROJECT PROGRAMMING RESOLUTION WHEREAS, Virginia Department of Transportation (VDOT) construction allocation procedures require that a City Council resolution be adopted in order for VDOT to program an urban highway project in the City of V~rglnla Beach. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Vlrgima Beach, Vlrg~ma ("City Council") requests the Virginia Department of Transportation to establish a project for a C~ty-wlde Intelligent Transportation System; BE IT FURTHER RESOLVED, that the City Council hereby agrees to pay its share of the total cost for preliminary englneenng, right-of-way acquisition and construction of this project, accordance w~th Section 33.1-44 of the Code of Vlrglma, and that, if the City Council subsequently elects to cancel the project, the C~ty Council hereby agrees to reimburse the Virginia Department of Transportation for the total amount of the costs expended by the Department through the date the Department is notffied of such cancellation, and BE IT FURTHER RESOLVED, that the City Council hereby authorizes the City Manager, on behalf of the City of Vlrglma Beach, Vlrg~ma, to enter into such agreements with the V~rg~ma Department of Transportation as are necessary to complete this project. AdoptedbytheCouncfloftheCltyofVirg~maBeach, onthe 2 dayof November , 1999. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $160,000 VIRGINIA DEPARTMENT OF TRANSPORTATION CONGESTION MITIGATION AND AIR QUALITY GRANT TO CAPITAL PROJECT #2- 044, INTELLIGENT TRANSPORTATION SYSTEMS, FOR THE PURPOSE OF PROVIDING AN INTELLIGENT TRAiqSPORTATION SYSTEM MASTER PLAN TO REDUCE TRAFFIC CONGESTION AND OPTIMIZE THE CITY'S ROADWAY NETWORK 12 WHEREAS, the Virginia Department of Transportation has 13 included $160,000 of Congestion Mitigation and Air Quality funding 14 in its slx-year Capital Improvement Program for the purpose of 15 providing a citywide Intelligent Transportation System Master Plan 16 project in Virginia Beach; 17 WHEREAS, the City will administer the design and 18 construction of the project, subject to VDOT oversight, with the 19 goal of reducing traffic congestion and optimizing the capacity of 20 the City's roadway network; and 21 WHEREAS, City Council has recognized the need for an 22 Intelligent Transportation System program by establishing Capital 23 Project #2-044, Intelligent Transportation Systems, zn the FY 1999- 24 00 Capital Improvement Program. 25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 26 OF VIRGINIA BEACH, VIRGINIA: 27 1. That a Congestion Mitigation and Air Quality grant 28 in the amount of $160,000 is hereby accepted from the Virginia 29 Department of Transportation and appropriated to Capital Pro]ect 30 #2-044, Intelligent Transportation Systems, for the purpose of 31 establishing an Intelligent Transportation System Master Plan to 32 reduce traffic congestion and to optimize the capacity of the 33 City's roadway network. 34 2. That estimated revenue from the Commonwealth is 35 hereby increased in the amount of $160,000. 36 37 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 day of Nov~mh~r , 1999. 39 40 Requires an affirmative vote by a majority of the members of City Counci 1. CA-7483 DATA~ATY~ ORD IN\NONCODE\ TRANSPORTATI ON SYSTEM. ORD SEPTEMBER 8, 1999 R3 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL Sufficiency: ~rf~' s O~lce 0 n,' 0 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDING IN THE AMOUNT OF $193,199 FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO THE FY 1999-2000 OPER3tTING BUDGET OF THE DEPARTMENT OF PUBLIC WORKS TO FUND THREE STORM WATER AND TRANSPORTATION PROJECTS WHEREAS, the Virginia Department of Transportation 10 updated the payment rates per mile that the state pays to cities to 11 maintain transportation and storm water systems, resulting in a 12 $193,199 increase over the originaly estimated amount of state 13 revenue; and 14 WHEREAS, the Department of Public Works has identified 15 three transportation and storm water projects to which these 16 additional funds could be appropriated: 17 (1) Lake Chubb interim drainage improvements ($42,491); 18 (2) Route 44/I-264 sign changes ($96,852); and 19 (3) Little Neck bike trail rehabilitation ($53,856) . 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 1. That funding in the amount of $193,199 is hereby 23 accepted from the Virginia Department of Transportation and 24 appropriated to the FY 1999-2000 Operating Budget of the Department 25 of Public Works to provide funding as indicated to the following 26 projects: 27 (1) Lake Chubb interim drainage improvements ($42,491); 28 (2) Route 44/I-264 sign changes ($96,852); and 29 (3) Little Neck bike trail rehabilitation ($53,856). 30 2. That estimated revenue from the Virginia Department 31 of Transportation is hereby increased in the amount of $ 193,199. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 day of November , 1999. 34 35 Requires an affirmative vote by a majority of the members of City Council. 36 37 38 39 CA-7514 DATA\ATY\ORDIN\NONCODE~STORMWATER-TRANSPORT.ORD OCTOBER 27, 1999 R3 40 41 42 43 APPROVED AS TO CONTENT: Management ~ices APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Of[l~e 44 - 24 - Item V-H. 3. ORDINANCES/RESOL UTION ITEM # 45616 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Councd ADOPTED Ordtnance to declare approxtmately 1265 acres as EXCESS PROPERTY on Bendix Road between Bonney Road and I-264 (Rt 44), and, authortze the Ctty Manager to dtspose of same (ROSE HALL - DISTRICT 3j ('Deferred 10/26/99) Votmg 10-0 (By ConsenO Councd Members Voang Aye Ltnwood 0 Branch, III, Margaret L Eure, HaroM Hetschober, Barbara M Henley, Louts R dories, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wdham D Sessoms, dr and A M "Don" Weeks Councd Members Vonng Nay None Counctl Members Abstatntng Wdham W Harrtson, Jr Councd Members Absent None Councdman Harrison ABSTAINED, as hts law firm represents Sentara The apphcant for the Excess Property Ordinance has a contract wtth Sentara whwh ts contingent upon the acqutsmon of the Bendtx Road property from the Ctty Mayor Meyera E Oberndorf DISCLOSED, she ~s a Member of the Execuave Board of Sentara, however, she does not recetve any salary or compensaaon from Sentar, does not have an ownershtp tn Sentara and has not ~ncurred or assumed any personal habdtty on behalf of Sentara The Ctty Attorney has advtsed her thts ~nterest does not meet the crtterta ofa personal interest tn a transactton of the Confltct oflnterests Act Mayor Oberndorf w~shes to d~sclose thts interest and declare she ~s able to parttctpate m the transactton fatrly, objecavely and m the pubhc mterest Vice Mayor Sessoms DISCLOSED, he ts a Member of the Execunve Board of Sentara, however, he does not recetve any salary or compensatton from Sentara, does not have an ownership tn Sentara and has not recurred or assumed any personal habdtty on behalf of Sentara The Ctty Attorney has advised htm thts interest does not meet the crtterta of a personal mterest m a transactton of the Confltct of Interests Act Vtce Mayor Sessoms wtshes to &sclose thts mterest and declare he ts able to parttctpate tn the transactton fatrly, objecttvely and tn the pubhc mterest Councd Lady Henley DISCLOSED, she ~s a Member of the Executtve Board of Sentara, however, she does not recetve any salary or compensatton from Sentara, does not have an ownershtp m Sentara and has not recurred or assumed any personal habdtty on behalf of Sentara The C~ty Attorney has advtsed her thts mterest does not meet the criteria of a personal mterest tn a transactton of the Confltct of Interests Act Councd Lady Henley w~shes to d~sclose thts interest and declare she ts able to parttctpate m the transactton fatrly, obdecttvely and m the pubhc interest November 2, 1999 AN ORDINANCE DECLARING PROPERTY EXCESS AND AUTHORIZING THE SALE OF PROPERTY CONTAiNING APPROXIMATELY 12.65 ACRES LOCATED ON BENDIX ROAD IN THE ROSE HALL DISTRICT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA WHEREAS, the City of Virginia Beach is the owner of approximately 12.65 acres 9 of land (the "Land") located on Bendix Road between Bonney Road and Interstate 264 (formerly Route 44), and 11 WHEREAS, the land ~s no longer needed for public purposes, and 3.2 WHEREAS, Olympia Development Corporation, a Virginia corporation ("Olympia"), :1. 3 has express an interest in purchasing the Land, 3.4 WHEREAS, the City Council ~s of the opinion that the Land should be sold to :1.5 Olympia in conformity with the Summary of Key Terms of the agreement attached hereto 16 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL FO THE CITY OF 3- ? VIRGINIA BEACH, VIRGINIA, 3-8 1 That approximately 12 65 acres of land (the "Land") located on Bendix Road between Bonney Road and Interstate 264 (formerly Route 44) IS declared to be excess and no longer 2 0 needed for public purposes. 23. 2. That the City Manager, or his designee, is hereby authorized to execute, on 2 2 behalf of the City of Virginla Beach in form and substance acceptable to the City Manager and the 2 3 City Attorney, an agreement containing the key terms outlined in the attached Summary of Key 2 4 Terms for the sale and conveyance of the Land to Olympia Development Corporation, a Virginia 2 5 corporation, or Its permitted asmgnee 26 3. That the City Manager, or his designee, is further authorized to execute on 2 '7 behalf of the City all documents which are necessary to effectuate the conveyance of the Land. 28 This Ordinance shall be effective from the date of its adoption. 30 .,1999. November 2 9 Adopted by the Council of the City of V~rglma Beach, Virginia, on the 2 day of 31 Note' Pursuant to Arncle VII, Secnon 9 of the V~rg~ma Constitution and V C. A. 15.2-1800 a 3 2 recorded affirmative vote of three fourths of all the members elected to Council is required. 33 34 35 CA-7511 F \DataXekTY\Ordln\NONCODE\CA751 ! ORD wpd Date Prepared' October 19, 1999 36 APPROVED AS TO CONTENT' 37 38 APPROVED AS TO LEGAL SUFFICIENCY: 39 40 Department of Law 41 SUMMARY OF KEY TERMS OF SALE OF BENDIX ROAD PROPERTY PURCHASER: PROPERTY DESCRIPTION: SALES PRICE: TIME FOR CLOSING: PROPOSED USES: DEVELOPMENT REQUIREMENTS: CITY OBLIGATIONS: CITY REPURCHASE RIGHTS: OLYMPIA DEVELOPMENT CORPORATION, a Virginia corporation 9.14+/- acres of developable land (12 65+/- total) located off of Bendix Road between Bonney Road and 1-264 (formerly Route 44) City and Purchaser to agree on size/shape of portion to be sold The residual property (4 46+/- acres) shall be retained by City as public open space reserved area for park, recreational, conservation, scemc, wetlands or drmnage purposes $1,142,500 based on $125,000/acre excluding land currently dehneatedfor wetlands protectmn and land otherwise restricted from development by existing recorded drainage easements or applicable government regulations other than zoning setbacks Sales price to be reduced by the amount of Purchaser's payment ~n heu of wetlands m~t~gatlon up to $68,544 and adjusted upward or downward if developable acreage IS more or less than 9 14 acres Purchaser to have 90 days to determine smtabfl~ty of land for proposed uses with closing to take place w~th 30 days thereafter 85,000 S F. m~d-nse (5 story) Class A office building and regional BMP to be developed in conjunction w~th apprommately 17 acres of adjacent land on which Purchaser intends to develop an additional 200,000+ S F of m~d-nse (6-8 Story) Class A office braidings, a hotel (of comparable quality to Marriott States) and restaurant ( of comparable quality to TK Tnpps) 1) Concept plans for the C~ty property and the adjacent property (including appropriate size and location of braidings, proposed landscaping and access, ingress and parking areas) to be reviewed by C~ty Manager or designee and approved prior to closing. 2) Purchaser responsible for any reqmred rezonlng 3) Initial phase of development to contmn 85,000 S F of floor area, Slgnage, roads and regional stormwater management facilities 4) Value of ~mprovements ~n the mmal phase of development shall be a minimum of $10,000,000 (Note Purchaser estimates total construction costs an excess of $30,000,000 for entire project ) 5) Purchaser to enter into Landscape Maintenance Agreement pursuant to which Purchaser will maintmn open space reserved area 6) Purchaser to apply for street closure of southern end of Bendix Road and purchase same at $125,000/acre 7) City will reserve or reqmre Purchaser to dedicate a 20' access easement for ~ngress and egress to open space reserved area 1) C~ty responsible for any site remedlatlons of hazardous or toxin substances prior to closing or City may terminate agreement 2) C~ty to remove all drums, drum materials, t~res, appliances and surface litter from the land 1) If construction not commenced w~th 18 months from closing, City has option to repurchase at original sales price paid for the C~ty property and the closed street less incentive funds prod 0f any) and payments made under related Regional BMP Agreement 2) Any unimproved property Purchaser desires to sell ~s subject to City's right and option to repurchase at original price/acre for 5 years - 25 - Item V-H. 4. ORDINANCES/RESOL UTION ITEM # 45617 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, C~ty Council APPROVED Tax Refunds: $2,421.31 Voting ! 1-0 (By ConsenO Council Members Voting Aye Llnwood 0 Branch, III, Margaret L Eure, William W Harrison, Jr Harold Hetschober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vlce Mayor Wdham D Sessoms, Jr and A M "Don" Weeks Council Members Voting Nay None Council Members Absent None November 2, 1999 AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for tax refunds upon certification of the Treasurer are hereby approved Tax Type Ticket Exoneration NAME Year of Tax Number Number Date Paid Penalty Int. Total Terry, Patncla 1999 Warder, Wflham T Sr & Naorm 1998 Warder, William T Sr & Naonu 1998 Warder, Wflham T Sr & Naorm 1998 Warder, Wflham T Sr & Naorm 1998 Warder, William T Sr & Naorm 1997 Warder, Wflham T Sr & Naorm 1997 Powell, Danny L 1999 Myers, John P & Jenmfer 1999 Merrill, Sflas, Sr & Geraldine C 1999 Caton, John M & Edward Caton 1999 Spauldlng, Todd C & Brenda 1999 Malbon, Barbara 1999 Melwn, Ella M 1999 Melwn, Ella M 1998 Melvin, Ella M 1998 Melwn, Ella M 1997 Melwn, Ella M 1997 VHDA Central Servicing 1999 Woods, William H 1999 Strong, Wflham C 1999 Schultz, Owen 1999 Gearhart, Clara 1994 Coffey, Michael A 1995 Abrams, Gerald W 1999 RE(l/2) 99-122007-7 RE(l/2) 98-128022-6 (EA) RE(2/2) 98-128022-6 (EA) RE(l/2) 99-129395-2 (EA) RE(2/2) 99-129395-2 (EA) RE(l/2) 97-127195-0 (EA) RE(2/2) 97-127195-0 (EA) RE(l/2) 99-098426-2 RE(2/2) 99-089608-1 RE(1/2) 99-082999-3 RE(l/2) 99-042224-4 RE(l/2) 99-116445-9 RE(2~2) 99-063387-3 RE(2/2) 99-082747-8 RE(l/2) 98-081742-6 (EA) RE(2/2) 98-081742-6 (EA) RE(l/2) 97-081157-5 (EA) RE(2~2) 97-081157-5 (EA) RE(2/2) 99-070361-8 Parking Ticket #539136 Parking Ticket #550128 Parking Ticket #567154 PP(1/2) 94010793418 PP(2/2) 95022515829 Dog Tag #27587 08/31/99 80 32 63 61 143 93 11/21/97 30 36 05/19/98 30 36 12/02/98 30 35 05/11/99 30 35 12/04/96 30 35 05/06/97 30 35 03/31/99 52 31 18 41 70 72 08/31/99 60 54 15 98 76 52 03/16/99 113 54 39 97 153 51 04/01/99 41 16 14 49 55 65 03/23/99 135 33 47 63 182 96 08/31/99 77 90 20 57 98 47 06/04/99 223 21 11/21/97 223 21 06/05/98 223 21 12/05/96 211 01 06/05/97 211 01 05/13/99 40 79 04/14/99 25 00 04/08/99 200 00 07/14/99 10 00 08/05/99 2 37 3 02 9 77 05/05/97 5 80 8 36 72 22 09/07/99 8 00 TOTAL: $2,421.31 This or&nance shall be effective from date of adoption The above abatement(s) tota!:ng $ 2,/4 21.31 were approved by the Council of the City of Vlrg~ma Beach onthe 2 dayof November 1999 Ruth Hodges Srmth C~ty Clerk C, 'tfi~d as to paymer~, .h '~~~p~oTveA2:: to fon~e E~eshe L Lflley, City Attorney - 26- Item V-I ITEM # 45618 PLANNING 1. JUDEO-CHRISTIAN 0 UTREA CH CENTER, INC. CONDITIONAL USE PERMIT November 2, 1999 -27- ~em ~L PLANNING ITEM # 45619 Upon motton by Vtce Mayor Sessoms, seconded by Councdman clones, C~ty Councd ALLOWED WITHDRAWAL of an Ordmance upon apphcatton of JUDEO-CHRISTIAN OUTREACH CENTER, INC.,for a Condmonal Use Permtt for a group home ORDINANCE UPON APPLICATION OF JUDEO-CHRISTIAN 0 UTREA CH CENTER, INC, FOR A CONDITIONAL USE PERMIT FOR A GROUP HOME Ordinance upon apphcat~on of Judeo-Chrtst~an Outreach Center, Inc , for a Condmonal Use Permztfor a group home on the south szde of V~rgzma Beach Boulevard, 195 07feet east of Seabrtdge Road (GPIN #2417-75- 1570) Satd parcel rs located at 959 Vtrgmta Beach Boulevard and contams 4 059 acres BEACH - DISTRICT 6 Voting 11-0 (By ConsenO Councd Members Vonng Aye L~nwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, ~lr, Harold Hetschober, Barbara M Henley, Louts R dories, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and A M "Don" Weeks Councd Members Vottng Nay None Councd Members Absent None November 2, 1999 - 28 - Item V-J. 1. APPOINTMENTS ITEM # 45620 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: Gerri King West 2- Year Term 11/1/99 - 10/31/2001 HISTORICAL REVIEW BOARD Voting 11-0 Council Members Vottng Aye Linwood 0 Branch, III, Margaret L Eure, William W Harrison, Jr, Harold Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor Wdham D Sessoms, Jr and A M "Don" Weeks Council Members Voting Nay None Councd Members Absent None November 2, 1999 - 29 - Item V-~. 2. APPOINTMENTS ITEM # 45621 Upon NOMINATION by Vtce Mayor Sessoms, Ctty Councd APPOINTED: Jason A. Barefoot 3-Year Term 11/1/99- 8/31/2002 BA YSIDE- DISTRICT 4 PARKS AND RECREATION COMMISSION Vottng 11-0 Councd Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, dr, Harold He~schober, Barbara M Henley, Lores R dories, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wdham D Sessoms, dr and A M "Don" Weeks Councd Members Vottng Nay None Councd Members Absent None November 2, 1999 - 30- Item V-K. 1. NE W BUSINESS ITEM # 45622 ADD-ON Counctlman Harrtson SPONSORED Brtdget Guthrte, a Jumor at Cox Htgh School to speak relative school traffic safety On Tuesday, October 19, 1999, Ehzabeth Prtce, a student at Cox Htgh School, attempting to cross Great Neck Road to the school, was htr by a car drtven by a fellow student N~kla Blake Mtss Guthr~e presented petlttons (encompassing 1,300 stgnatures) requesting a 25 mph school zone be placed tn the area m front of the Cox Htgh School to prevent future tragedtes BY CONSENSUS, Ctty Councd AUTHORIZED the City proceed with the design of the school zone caution lights for Cox, Princess and Tallwood High Schools at a total cost of approximately $100,000. City CouIlctl expressed hope that the V~rgmla Beach School Board wouM partlclpate m the funding November 2, 1999 - 31 - Item V-K. 2. NE W BUSINESS ITEM # 45623 ADD-ON Gus Gtesekoch, 4211 Jolar Way, Phone 495-2199 Counctlman Weeks SPONSORED Gus G:esekoch to speak under NEW BUSINESS relative stormwater drainage. Mr Gtesekoch's remarks are hereby made apart of the record Brenneman Farm was denselyforestedptece of property wtth mature trees and heavy undergrowth that served very tmportantly as a water retentton area before the development which ehmtnated th~s environmental protection Counctlman Weeks w~ll work w~th staff to determine measures appropriate to address drainage ~n the area of Brenneman Farms November 2, 1999 - 32- Item V-M. AD JO URNMENT ITEM # 45624 Mayor Meyera E Oberndorf DECLARED the Ctty Counctl Meettng ADJOURNED at 2:20 P.M. CMC/AAE Chief Deputy C~ty Clerk ~ CMC/AAE C~ty Clerk Meyera E Oberndorf Mayor Ctty of Vtrgtma Beach Vtrgtma November 2, 1999