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MARCH 28, 2000 MINUTESCi CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large I 'ICE MAYOR i%'TLLIAM D. SESSOMS, JR., At-~c JOHN A. BA UM, At-~ge LLX~VOOD O. B~qNCtf, IH, District 6-Beach MARGA~T L. EU~, Dmrtct l-Ccnten,dle IYTLLL4M II'~ tL4~ISON, JR., D~stnct 5-Lvnnhaven B,4~A~ M. HE,X~EI ~ District 7 -P~inces$ Anne LOUIS R. JONES, Distm't 4-B~vside ~BA S. McCDtNAN, District 3-Rose lfall NANCY K PA~ER, At-~rgc A.M. (~N~ W~EKS, Dim'itt 2-Kempn.ille JAMES K. SPORE, City Managc~ LESLIE L. IdLLE~: City Attorney RUTH HODGES-SMITH, City CIcJk of Vir inia Beach "COMbIONI?Y FOR A I. IF~YiME" CITY COUNCIL AGENDA OUR N~~ CITY IIAl. I, II['II,I)IN(; 2401 CO['RTIIflUSE VIR(JLXJA ]IEACII. VIR¢iINIA Pllt)NE: (7571 327-4304 ( 7,; 7) 42t~ March 28, 2000 I. CITY MANAGER'S BRIEFING - Conference Room - 3:30 PM ho Open Space J. Barry Frankenfield Planner-Parks and Recreation II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - $:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend James Milton Atkins Church of God of Prophecy 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 MINUTES 1. INFORMAL & FORMAL SESSIONS March 14, 2000 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. Ho PRESENTATION FY 2000-2001 RESOURCE MANAGEMENT PLAN Walter C. Kraemer Acting Director-Management Services ORDINANCES/RESOLUTION o Ordinance to AMEND Section 21-79 of the City Code re free decals issued to vehicles leased by certain public safety Volunteers. Ordinance to ACCEPT and APPROPRIATE $319,681 from Virginia Medicaid Waiver funds; APPROPRIATE $12,686 in client fees to the FY 1999-2000 Operating Budget of the Community Services Board (CSB) re additional client services; and, increase estimated revenue accordingly. Ordinance to TRANSFER $1,100,000 from the Instructional Category to the Transportation Category for FY 1999-2000 School Operating Budget re replacement busses. Ordinance to TRANSFER $600,000 from New Castle Elementary School (CIP #1-061), to Seatack Elementary School (CIP # 1-198) re required funding for Birdneck Road access to school site. Resolutions re Virginia Department of Transportation (VDOT): bo Add 15.98 lane miles of new streets eligible for urban maintenance effective July 1, 2000; and, increase applicable revenue of $112,591.92 per year. Increase 9.38 lane miles of local/collector streets in the urban streets inventory; and, increase applicable revenue of $65,228.52 per year. REFUNDS: a. LICENSE b. TAX PLANNING 1. $17,850.48 $ 8,648.3O Application of OCEANA DEVELOPMENT LP for the discontinuance, closure and abandonment of an existing 50-foot right-of-way, 570 feet west of Bowland Parkway at London Bridge Gardens, containing 20,821.6 square feet. (BEACH - DISTRICT 6) Recommendation: APPROVAL Application of LARRY P. HERZ for an enlargement in a nonconforming use on the south side of Delaware Avenue, east of Caribbean Avenue (712 Delaware Avenue), re enclosure of an existing breeze-way between the single-family home and garage apartment, containing 7,000 square feet. (BEACH - DISTRICT 6) Recommendation: APPROVAL Application of JAMES M. ARNHOLD for the enlargement of a nonconforming use on Lot 3, Block B, Chesapeake Bay Shores (2414 Spinaker Court), re demolition of the existing two-story townhouse and replacement by constructing a larger three-story townhouse, containing 3,316.2 square feet. (LYNNHAVEN - DISTRICT 5) Recommendation: INDEFINITE DEFERRAL Application of OCEANA CHURCH OF CHRIST for a Conditional Use Permit for a church expansion of the north side of Virginia Beach Boulevard, east of north Oceana Boulevard (1460 Virginia Beach Boulevard), containing 1.5176 acres. (BEACH - DISTRICT 6) Recommendation: APPROVAL Application of ROAD TO EMMAUS for a Conditional Use Permit for a church expansion on the west side of Indian Lakes Boulevard, south of Providence Road (1001 Indian Lakes Boulevard), containing 2.6433 acres. (KEMPSVILLE - DISTRICT 2 and CENTERVILLE - DISTRICT 1) Recommendation: APPROVAL Application of NEW COVENANT PRESBYTERIAN CHURCH for Conditional Use. Permit for a church expansion on the east side of Kempsville Road, south of Quarry Lane (1552 Kempsville Road), containing 4.46 acres. (CENTERVILLE - DISTRICT 1) Recommendation: APPROVAL Application of TROY A. TITUS for a Change of Zoning District Classification from B-2 Community Business District and R-7.5 Residential District to Conditional B-2 Community Business District south of Indian River Road and east of Kempsville Road (5221 Indian River Road), containing 1.474 acres. (CENTERVILLE - DISTRICT 1) Recommendation: APPROVAL Application of the CITY OF VIRGINIA BEACH, to AMEND the Comprehensive Plan to include the SHORE DRIVE CORRIDOR PLAN. Recommendation: APPROVAL K. APPOINTMENTS FRANCIS LAND HOUSE BOARD OF GOVERNORS HEALTH SERVICE ADVISORY BOARD VIRGINIA BEACH CRIME TASK FORCE L. UNFINISHED BUSINESS M. NEW BUSINESS MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 28, 2000 Mayor Meyera E. Oberndorf called to order the CITY MANAGERS BRIEFING re OPEN SPACE in the Council Conference Room, City Hall Building, on Tuesday, March 28, 2000, at 3:30 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba $. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Absent: None -2- CITY MANAGER'S BRIEFING OPEN SPACE 3:30 P.M. ITEM # 46404 J. Barry Frankenfield, Planner - Parks and Recreation, expressed appreciation and recognition to Mayor Oberndorf, Council Members McClanan and Henley, for attending all the meetings relative Open Space. Mr. Frankenfield acknowledged the tremendous effort and support of Sara Hensley - Director of Parks and Recreation; Brian Solis - Parks and Recreation Planner; Jodi Mize - Parks and Recreation Administrative Analyst; Brian Phelps - Mapping; Planning: Clay Bernick, Karen Prochilo, 7bm Pauls; Parks and Recreation Marketing and Information Systems: Doug Cherry, Caryl Thompson, Pete Hangen, Jay Smith; and Lillie Gilbert - Chairman, Parks and Recreation Commission. Mr. Frankenfield advised the Virginia Beach Outdoors Plan was ADOPTED in 1994 which was the first time an integrated comprehensive approach was developed toward Open Space Planning. During the September 21, 1999, Workshop, a Plan of the Bayside Area relative open space acquisitions, the locations and possible cost, was shown to City Council. On November 23, 1999, Council Members Henley and Eure presented the Open Space Advisory Report. Some of the key issues of this report were to develop an effective Open Space Program that addressed visual and physical open space which will result in a "Signature Look'for the City." City Council requested a Plan of Action be developed addressing two (2) basic issues: (1) Update the Virginia Beach Outdoors Plan, and (2) Develop a comprehensive Open Space Program involving an extensive public involvement program. Five (5)planing areas have been detailed on a map. An extensive telephone survey has been conducted. Seven (7)focus groups have been conducted. Two public meetings (Bayside and Lynnhaven) have been held. Five more public meetings by Voting District will be conducted. A public information open house will be conducted. The DRAFT Virginia Beach Outdoors Plan 2000 and recommendations should be completed by July 2000. Mr. Frankenfield displayed the planning areas completed. This area of the City (Bayfront, Bayside, Little Neck Great Neck and Oceanfront Planning areas) north of the old toll road (Route 44) contains 41% of the City's population. There is an extensive amount of recreation (2,871.85 acre state park, City park acreage of 425.38, etc.). The priorities derived through public meetings have been trails, preserve land and provide access to the water. There are 1900 acres currently undeveloped in the northern portion of the City. More land will be discovered moving south. A map was displayed which identified the key issues, properties which could eventually be targeted for acquisition (green dots), water access sites (red-orange dots), trails (dashed red lines). Approximately nine (9) sites have been identified reflecting the criteria of visual open space, active reservation andpreservation of land. In some cases, these sites are seriously subject to intense development pressures as exemplified on a site along Little Neck Road which is currently in the process of being previewed by Planning for RS-D zoning, which would allow residential lots on 5, 000 square feet and individual access of driveways to the road. The price tag of all properties (1900 acres) identified is approximately $18-MILLION. A central Bayside property comprised of 196 acres and waterfront, zoned residential, currently agriculture, was displayed. The community meetings identified this property as very important to be preserved. Another property previously identified was 3 ~ acres adjacent to the existing City Park in the Lake Edward area which buffers the existing residential community and provides expansion of the existing park and a scenic buffer along the road. Relative the cost avoidance from the City purchasing the land, a fiscal impact model was run on the aforementioned properties, which the Management Service and Planning utilizes to evaluate proffers. It was determined there will be no cost avoidance associated with acquiring these properties. Those properties will generate a small positive cash flow. They will depict a cost neutral situation where the tax revenue will pay for the cost related. Significant savings will be in rural areas or where the parcels are not infill. The value of acquiring these lands is very simple. Every property adjacent to park open space nationwide has been proven to increase the property values: 15% to 20% nationwide. Properties next to open space have a higher value. The Bow Creek Motel acquisition is an excellent example. This motel was destroyed in November with the area now "open space". Adjacent property owners have discovered they have a back yard and have invested in same. The values of these properties will increase. March 28, 2000 CITY MANAGER'S BRIEFING OPEN SPACE ITEM t4 46404 (Continued) During the public meetings, there were three ways in which the public couM make comments: comment forms, comments at each station and citizens' choice relative types of open space. Mr. Frankenfield introduced Nanci Glassman - Continental Research Associates, to present information relative the Telephone Survey results, after which, Chris Wells and Debi Osborne of the Trust for Public Land, explained the funding and financing of the Open Space program. A telephone survey was conducted with 500 randomly selected voters in Virginia Beach. The questionnaire was designed in conjunction with the Trust for Public Land and was conducted in February and March utilizing a very strict methodology. Seven focus groups were also conducted with randomly selected participants in each of the City's seven districts. The phone survey provided statistical results and the focus groups added interesting perspectives and more depth. The focus groups supported the findings of the 'phone survey quite strongly. The 'phone survey was opened with a very general question: "Would you say things in Virginia Beach are definitely headed in the right direction, somewhat headed in the right direction, somewhat off track or definitely off track?" 69.4% of those surveyed think Virginia Beach is generally headed in the right direction. Later in the survey the question was asked: "Overall, would you say outdoor recreation is extremely important, very important, somewhat important or not important to your family?" 60% advised outdoor recreation was extremely or very important. From the focus groups, it was derived many people considered the recreational opportunities available in Virginia Beach before they chose to live there. This is a great strength of Virginia Beach. ,ds a baseline measure, citizens were asked how they felt Virginia Beach was doing in four categories: recreation centers, walking/biking trails, parks and making beaches/waterways accessible. Virginia Beach received relatively high ratings concerning excellent or good job: 85.8% 66.8% 6&2% 61.2% recreation centers. walking/biking trails parks accessible beaches/waterways Some citizens are content with the status quo. 20.6% see no need to expand or improve recreation areas, facilities, or activities in Virginia Beach. Most people made suggestions for improvement, such as creating more bike paths, walking trails, boat ramps and parks. To provide a context, a series of 15 questions were used to determine the importance of each issue. % of Residents Who Think This is Very Important Protecting habitats for wildlife 76. 8 % Controlling growth 74.2 % Improving air quality 72.8% Protecting land from development 69.4% 45.4% of Residents Think Creating More Parks is Very Important Parks and Open Space (a) Give families quality time (b) Offer positive options for teens (c) Build character/add to quiet enjoyment (d) Add to quiet enjoyment (e) Are aesthetically pleasing 75.1% were in favor of creating a Parks and Open Space Fund. 64.6% think the first priority ora Fund should be protecting land from development and preserving land that protects water quality. Concerning the cost, 43.2% would be in favor of the Fund at $60 per household per year. 61.0% would be in favor of the Fund at $30/yr. 69.2% would be in favor of the Fund at $15/yr. 30.8% are opposed if it costs taxpayers even $15/yr. Three separate options were proposed during the 'phone survey to determine how each might affect individuals' support of the fund. Percent who said "Yes" A yearly independent audit andpublic report 34.2% Expenditures monitored by a citizen's committee & shared with the public 39.0% A sunset provision where taxes would end after 8 years. 35.2% March 28, 2000 CITY MANAGER'S BRIEFING OPEN SPACE ITEM # 46404 (Continued) The $60 per year figure was based on 150,000 households. This was a high figure and utilized just to establish a range. It is customary to re-measure support for an issue after additional information has been discussed. After discussion, 66.2% were still in favor of creating a Parks and Open Space Fund Focus groups generally preferred a "pay-as-you-go"plan vs. bonds. Mr. Frankenfield advised city-wide, based on zoning of agricultural or forested areas', there are 7,000 acres in the northern portion of the City which are not in the Agricultural Reserve. When all open space has been identified, it should comprise between 7,000 and 8, 000 acres of undeveloped property. Chris Wells, advised the Trust for Public Land is a national non-profit land conservation organization in existence for approximately 25years. As a result, the Trust has been involved in real estate projects which have protected more than I-MILLION acres nationwide with a value of over $1.5-BILLION. The Trust for Public Land involves conservation real estate services, landowner negotiations, assembling public- private funding packages and expediting the closing process. The Trust was involved in two different deals which created the Kiptopeke State Park totaling 550 acres and was also instrumental in creating the Rappahannock National Wildlife Refuge comprised of approximately 3,000 acres. Mr. Wells advised the Trust has been successful relative public finance services with over 60 campaigns comprising over $8- BILLION in new funding for land conservation. Mr Wells cited examples of other cities and counties which are roughly equivalent in population and per capita income. The amounts cited are 1990figures. Virginia Beach Population: 393,069 Household Income: $ 36,271 Mecklenburg County, North Carolina (Charlotte) Population: 511,433 Household Income = $33,830 $ Source: Revenues: Purpose: Victory on Ballot: General Obligation Bond, 1999 $2 20-MILLION Water Quality, Natural Land Preservation 61%/39% Ocean County, New Jersey Population = 433,203 Household Income = $33,110 $ Source: Revenues: Purpose: Victory on Ballot: Property Tax Levy & Revenue Bond, 1997 $80-MILLION Natural Land, Water Quality, Farmland 61%/39% Austin, Texas Population = 506, 741 Household Income = $25,907 $ Source: Revenues: Purpose: Victory: General Obligation Bonds (1992, 1998) $116-MILLION Water Quality, Parks, Growth Management 61%/39% in 1992, 60%/40% in .1998 Portland, Oregon Population = 43 7, 398 Household Income = $25,592 $ Source Revenues: Purpose: Victory: General Obligation Bond, 1995 $136-MILLION Natural Land, Parks, Trails 63 %/3 7% March 28, 2000 CITY Population = 281,140 $ Source: Revenues: Purpose: Victory: -5- MANAGER'S BRIEFING OPEN SPA CE ITEM # 46404 (Continued) Colorado Springs, Colorado HousehoM Income = $28,928 Sales Tax Levy, 1997 $80-MILLION Natural Land Preservation, Parks, Trails 54%/46% West Palm Beach, Florida Population = 67,643 $ Source Revenues Purpose: Victory: Household Income = $ 26,504 General Obligation Bond, 2000 $20-MILLION Parks, Water Quality 55%/45% Debi Osborne, Director of Chesapeake Field Office - Trust for Public Land, advised the Trust does not have the authority to condemn. There are many cases where the Trust has assisted State governments in completing these public financing campaigns. The Trust has also assisted with many of the acquisitions. There are so many lands available from willing sellers, there has not been the need for condemnation. Further down the line, properties might be found that are essential for a park that there may be the necessity to do this. Mr. Frankenfield advised, with the exception of First Landing State Park trail, corridors have not been identified which are not adjacent to existing corridors. Mr. Frankenfield advised land use tools, smart growth techniques, easements, acquisitions and different funding sources will be identified. Sara Hensley, Director of Parks and Recreation, advised it is critical to utilize the partners already in place to assist in the City's efforts. The issue of public meetings must continue so the citizens understand completely the open space issue. Ms. Hensley expressed appreciation to Continental Research and Trust for Public Land. Ms. Hensley recognized the City staff for their extraordinarily hard work and dedication. March 28, 2000 -6- AGENDA RE VIE W SESSION 4:40 P.M. ITEM # 46405 Ordinance to TRANSFER $1,100, O00 from the Instructional Category to the Transportation Category for FY1999-2000 School Operating Budget re replacement busses. The City Manager advised the bus issue will be ongoing, as approximately 56 buses need to be replaced,t, each year. The issue is to attempt to continue this replacement with current funding. This' is a major step forward. ITEM # 46406 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: ORDINANCES/RESOL UTION 1.1 Ordinance to AMEND Section 21-79 of the City Code re free decals issued to vehicles leased by certain public .safety Volunteers. Ordinance to ACCEPT and APPROPRIATE $319,681from Virginia Medicaid Waiver funds; APPROPRIATE $12,686 in client fees to the FY 1999-2000 Operating Budget of the Community Services Board (CSB) re additional client services; and, increase estimated revenue accordingly. Ordinance to TRANSFER $1,100, O00 from the Instructional Category to the Transportation Category for FY1999-2000 School Operating Budget re replacement busses. Ordinance to TRANSFER $600,000 from New Castle Elementary School (CIP #1-060, to Seatack Elementary School (CIP #1-198) re required funding for Birdneck Road access to school site. I. 5. Resolutions re Virginia Department of Transportation (VDOT): Add 15.98 lane miles of new streets eligible for urban maintenance effective July 1, 2000; and, increase applicable revenue of $112,591.92 per year. Increase 9.38 lane miles of local~collector streets in the urban streets inventory; and, increase applicable revenue of $65,228. 52 per year. 1.6. REFUNDS: a. LICENSE $17, 850. 48 b. TAX $ 8,648.30 March 28, 2000 -7- AGENDA RE VIEW SESSION ITEM # 46407 J. 7 Application of TROYA. TITUS for a Change of Zoning District Classification from B-2 CommunitF Business District and R- 7. 5 Residential District to Conditional B-2 Community Business District south of Indian River Road and east of Kempsville Road (5221 Indian River Road), containing 1.474 acres. (CENTER VILLE - DISTRICT 1) Karen Lasley, Planning Co-ordinator, advised the applicant has amended the proffers to add proffer #5, which ensures that the architectural style and building materials of the future retail shops will match the proposed office building. ITEM # 46408 J. 8. Application of the CITY OF VIRGINIA BEACH, to AMEND the Comprehensive Plan to include the SHORE DRIVE CORRIDOR PLAN. The City Attorney distributed the Ordinance and attachments, which was not included in the City Council Agenda. This item will be discussed during the Formal Session.. ITEM # 46409 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA. J. 1 Application of OCEANA DEVELOPMENT LP for the discontinuance, closure and abandonment of an existing 50-foot right-of-way, 570 feet west of Bowland Parkway at London Bridge Gardens, containing 20,821.6 square feet. (BEACH- DISTRJCT 6) Application of LARRY P. HERZ for an enlargement in a nonconforming use on the south side of Delaware Avenue, east of Caribbean Avenue (712 Delaware Avenue), re enclosure of an existing breeze-way between the single-family home and garage apartment, containing 7, 000 square feet. (BEACH - DISTRICT 0 Application of JAMES M. ARNHOLD for the enlargement of a nonconforming use on Lot 3, Block B, Chesapeake Bay Shores (2414 Spinaker Court), re demolition of the existing two-story townhouse and replacement by constructing a larger three-story townhouse, containing 3,316.2 square feet. (LYNNHA VEN - DISTRICT 5) Application of OCEANA CHURCH OF CHRIST fora Conditional Use Permit for a church expansion of the north side of Virginia Beach Boulevard, east of north Oceana Boulevard (1460 Virginia Beach Boulevard), containing 1.5176 acres. (BEACH- DISTRICT 6) Application of ROAD TO EMMAUS for a Conditional Use Permit for a church expansion on the west side of Indian Lakes Boulevard, south of Providence Road (1001 Indian Lakes Boulevard), containing 2.6433 acres. (KEMPSVILLE - DISTRICT 2 and CENTERVILLE- DISTRICT 1) Application of NEW COVENANT PRESB YTERIAN CHURCH for Conditional Use Permit for a church expansion on the east side of Kempsville Road, south of Quarry Lane (1552 Kempsville Road), containing 4.46 acres. (CENTERVILLE- DISTRICT l) March 28, 2000 -8- GEND.4 RE VIE W SESSION ITEM # 46409 (Continued) J.Z Application of TROY`4. TITUS for a Change o£Zoning District Classification from B-2 Community Business District and R- 7. 5 Residential District to Conditional B-2 CommunitF Business District south of Indian River Road and east of Kempsville Road (5221 Indian River Road), containing 1.474 acres'. (CENTER VILLE - DISTRICT 1) Item J. 3. will be DEFERRED INDEFINITELY, BY CONSENT. March 28, 2000 -9- CITY COUNCIL COMMENTS 4:43 P.M. ITEM # 46410 Councilman Lady Parker referenced a flyer in The Virginian Pilot relative the Oceanajet noise issue. The City Manager advised the city is working on a number of issues related to the jet noise.. Council Lady Parker requested an update regarding positions. The City Manager advised an issue is scheduled for the City Council Session of April 4, 2000, Resolution requesting Congress amend legislation to enable the Federal Aviation Administration (FAA) noise mitigation funds to be used at military airports. This request was made by the Citizens Concerned About Jet Noise (CC.4JN) during ongoing dialogue with the City. These funds couM be used to provide additional noise attenuation through additional insulation and/or new windows and doors for residential structures heavily impacted by jet aircraft operation from Oceana Naval Air Station and Fentress Naval Auxiliary Landing Field. Mayor Oberndorf said, as the military funds are sorely impacted, deriving these noise attenuation funds from the FAA could offset this cost. A Status Report will bepresented by Captain William C. "Skip Zobel, Commanding Officer - NAS Oceana, in the near future. ITEM # 46411 Councilman Baum referenced Councilman Branch's (new father) Letter to the Editor in The Virginian Pilot. The Public Editor was misleading about Kerry Dougherty and others who write opinion columns inscribed with their names and faces. These are not editorials; however, the same people write editorials. Councilman Baum left a message on the newspaper's voice mail, but did not receive a response. ITEM # 46412 Councilman Branch referenced the Open Space presentation and the depiction of by-right development. Councilman Branch requested a review of the Infili Ordinances. There is development which is taking place in his district that the City Council would not have approved if it would come before them now. If this is a budgetary issue, the City Council has the capability to review. Councilman Branch does not believe every piece of property will be available to be purchased even if the Open Space Program is approved ITEM # 46413 Mayor Oberndorf inquired of the City Attorney relative the necessity to enter into Closed Session. Vice Mayor Sessoms advised after the conclusion of every Closed Session, the entire meeting is being discussed on the outside. The City Manager advised the Appointments and the sale price of property owned by the City need to be discussed in Closed Session. Council Lady Eure said every minute should count during the Closed Session. Lunch or dinner should be held prior to the Closed Session. The City Attorney advised for sometime, the news media has been timing the Closed Sessions. March 28, 2000 -lO- ITEM # 46414 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, March 28, 2000, at 4:48 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, A. M. "Don" Weeks and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None March 28, 2000 -11- ITEM # 46415 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, 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) (1). To Wit: Boards and Commissions: Francis Land House Board of Governors Health Services Advisory Board Virginia Beach Crime Task Force 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 real property, for discussion in an open meeting which would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.1-344(A)(3). CSB Building - Wildwood Drive Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council voted to proceed into CLOSED SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, A. M. "Don" Weeks and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None March 28, 2000 - 12- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL March 28, 2000 6:00 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, March 28, 2000, at 6:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Absent: None INVOCATION: Reverend James Milton Atkins Church of God of Prophecy 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 danuary 4, 2000, is hereby made a part of the record. March 28, 2000 Item V-E. - 13- CER TIFICA TION OF CLOSED SESSION ITEM # 46416 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council CERTIFIED THE CLOSED 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 Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure,, 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. March 28, 2000 CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened pursuant to the affirmative vote recorded in ITEM # 46415, Page 11, provisions o£ The Virginia Freedom of Information Act; and, into CLOSED SESSION, and in accordance with the 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 fi.om Open Meeting requirements 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. P~th H~~ City Clerk March 28, 2000 - 14- Item VI-F. MINUTES ITEM # 46417 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of March 28, 2000. Voting: 9-0 Council Members Voting Aye: John A. Baum, Margaret L. Eure, 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 Abstaining: Linwood O. Branch, III Council Members Absent: William W. Harrison, Jr. Councilman Branch ABSTAINED, as he was awaiting the birth of his chiM and not in attendance during the City Council Session of March 14, 2000. March 28, 2000 Item V-G. -15- ADOPT AGENDA FOR FORMAL SESSION ITEM # 46418 B Y CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION March 28, 2000 Item V-G. 1. -16- ANNOUNCEMENT ITEM # 46419 Mayor Oberndorf congratulated Councilman Branch and his wife, Robin on the birth of a son on Friday, .March 24, 2000. Easton Ross Branch 6pounds 11 ounces 21-1/2 inches March 28, 2000 -17- Item V-H. PRESENTATION ITEM# 46420 FY 2000 - 2001 RESEARCH MANAGEMENT PLAN The City Manager distributed the pamphlet which will appear in The Virginian Pilot and delivered to every househoM in the City on April 9, 2000, the Executive Summary, Operating Budget and Capital Improvement Program of the FY2000-2001ResourceManagement Plan. The City Council's "destination points" and "businesses" were the guiding philosophy in developing the documents. As in past years, a budget caucus process was utilized in order for all voices to be heard regarding issues and priorities. There was a close collaboration with schools during the entire endeavor. The School Board's recommended budget is funded in its entirety and incorporated in the City's Operating Budget and Capital Improvement Program. Softwear developed in-house over the years is being utilized around the United States. The City's budget system has been soM to other communities i.e. Norfolk, Virginia; Sarasota County, Florida. The City Manager advised this was the first paperless budget and was transmitted to the print shop electronically. The City Manager complimented the staff of the print shop as the quality of the document is extraordinary. Color is also being utilized in the document for the first time. Thus, the document reads much easier. The City Manager introduced Walter C. Kraemer, Acting Director- Management Services'. This is Walt's twenty- fifth and last budget as he is retiring after twenty-five years of service. The City Manager expressed appreciation to Walt, David Bradley, Catheryn Whitesell and their staff. Mr. Kraemer presented the FY 2000 - 2001 RESEARCH MANAGEMENT PLAN with the utilization of the new technology recently installed in the Council Chamber. Without a tax rate increase, the City is: Building "e-government" - a 24 hour~7 day per week operation Funding Schools within the Revenue Sharing Policy Replacing Bayside Library and Third Police Precinct Adding new police officers (15) and fire fighters (10). Building General Booth Fire Station Modernizing 21 schools Opening the Pungo-Blackwater Library Opening the new Lynnhaven Boat Ramp Rebuilding Sandbridge Fire Station Constructing a law enforcement training academy at Old Seatack Elementary Building Princess Anne Library (anticipated completion September 2002) Overall, increasing infrastructure maintenance funding by $14. 9-MILLION. The City is able to accomplish these feats for the following reasons: Investment partnerships are paying off Economic development is building the economy The City provides low cost, quality services through productivity improvements and with the help of volunteers Continuation of State support Student enrollment is essentiaily flat For the first time, the schools are reducing instructional positions March 28, 2000 Item V-H. PRESENTATION - 18- ITEM # 46420 (Continued) FY 2000 - 2001 RESEARCH MANAGEMENT PLAN Other definitive measures of the City's success: Bond ratings were upgrade& Ranked as the third best- managed community by Governing Magazine & Syracuse University; Economic investments are returning $7.3-MILLION each year. The City has attracted 13 new companies and created over 600 new jobs. The Plan is based on City Council Directives: City/School Revenue Policy Infrastructure Maintenance Policy School Technology Policy School Modernizations Policy Fiscal Sustainability Deb t Man agem en t Policies Proposed - Investment Partnerships OPERATING BUDGET FY 1999-2000 FY 2000-2001 Percent Adjusted Budget Proposed Budget Change Operations $ 943,336,801 $ 986,759,627 4.60% Capital Projects 35, 502, 804 34, 712, 546 -2.23% Debt Service 95,121,628 94,207,582 -0. 96% $ 1,073,961,233 $1,115,679,755 3.88% 3.88% is the smallest growth in the Budget in eight years. Schools are fully funded within Revenue Sharing Formula 15 police officers are added 12 fire fighters are added Automated solid waste service will be extended to townhouses (saving approximately $2.5-MILLION over five years at an initial start-up cost of $594,000.) Provided for maintenance & special event staffing, adding 14 FTE's. Expansion of consumer protection services (addition of an Investigator in the Commonwealth's Attorney Office). New auditor to enhance internal controls. Additional staff or child protective service programs (changing part- time positions to full time). 2 staff to allow Communication Officers to focus on E911 calls. Concerning employees: Pay ranges will be structurally adjusted 2% and City employees will get up to a 4.5% merit increase on their merit date. Schools will be implementing new pay plans resulting in higher salaries and have set aside sufficient funding for a step increase (salary increases will range between 4.8% and 9.5% for teachers, after adjustment of pay scale). If warranted, both systems will provide, a SlOper month increase per employee health insurance contributions, beginning January 2001 Police officer, fire fighter & recruit levels will receive a 5% pay range adjustment due to the Market Survey. March 28, 2000 Item V-H. PRESENTATION - 19- ITEM # 46420 (Continued) FY 2000 - 2001 RESEARCH MANAGEMENT PLAN CAPITAL IMPROVEMENT PROGRAM APPROVED/ APPROVED Percent FY 1999-2000/ FY 2000-01/ Change FY2004-05 FY2005-06 City General $ 542,218,594 $ 637,597,001 17.59% School 369, 659, 611 387, 53 7, 693 4.84°/3 Utilities 384, 939, 916 406, 738,161 5.66% $ 1,296,818,121 $1,431,872,855 10..41% Construction of General Booth Fire Station Construction of Princess Anne Library 2 bridges will be replaced 11 major intersections will be improved 4 additional schools in the modernization program (OM Donation Center, Virginia Beach Middle, Windsor Oaks Elementary and Bayside 6th Grade Campus). $72.4-MILLION in renovation and rehabilitation of other school sites. Juvenile Detention Center will be moving forward (90-bed facility and scheduled to be completed January 2003). Lake Holly & Old Beach neighborhoods will see improvements Mount Trashmore will be recapped (repair seepage issues) Pedestrian/bike trails will be constructed along sections of Shore Drive ($500, 000 allocation of roadways to study the roadway capacity needs of the Shore Drive Corridor). PROPOSED FY 2000-2001 RESOURCE MANAGEMENT PLAN SCHEDULE DATE EVENT LOCATION TOPIC Tuesday, April 4 Council Workshop Council Conference Economic Vitality, Safe 10:00 AM - Noon Room Community, & Policy and Decision Support Tuesday, April 11 Council Workshop Council Conference Quality Education for Lifelong 10:00 AM - Noon Room Learning Thursday, April 13 Public Hearing Princess Anne High Public comment on Proposed 7:00 PM - 9:30 PM School FY 2000-2001 Resource Mgmt. Plan Tuesday, April 18 Council Workshop Council Conference Quality Physical Environment & 2:00 PM - 4:00 PM Room Operational Support Tuesday, April 25 Council Workshop Council Conference Cultural and Recreational 2:00 PM - 4:00 PM Room Oppommities & Family and Youth Opportunities Tuesday, April 25- 6:00 Public Hearing Council Chamber Public Comment PM Thursday, May 4 Council Workshop Council Conference Reconciliation of outstanding 10:00 AM - Noon Room resource issues Tuesday, May 9 - 2:00 Adoption of FY 2000- Council Chamber PM 2001 Resource Mgmt. Plan This schedule appears on Page 7 of the Executive Summary and there are changes. A more detailed listing will be provided. There are changes due to conflicts. Convention and Visitor Development will be scheduled later. The Police and Public Libraries plan to present information on the Bayside Library options after the School Board's presentation on April 11, 2000. March 28, 2000 Item V-H. - 20- PRESENTATION ITEM # 46420 (Continued) FY 2000 - 2001 RESEARCH MANAGEMENT PLAN The City Manager advised during the Capital Improvement Program discussion, a progress report will be provided on the Stormwater Projects relative the backlog and projections. During the School Board presentation, an update on the modernization program and issue of portables will be included. There is no 'phone tax included in the FY 2000 - 2001 RESEARCH MANAGEMENT PLAN. March 28, 2000 - 21 - Item V-I ORDINANCES/RESOL UTION ITEM # 46421 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED IN ONE MOTION, ORDINANCES/RESOLUTION 1, 2, 3, 4, 5 a/b and 6 of the CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None March 28, 2000 - 22 - Item V-L1. ORDINANCES/RESOL UTION ITEM # 46422 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to AMEND Section 21-79 of the City Code re free decals issued to vehicles leased by certain public safety Volunteers. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None March 28, 2000 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO CITY AUTOMOBILE DECALS BY PERMITTING FREE DECALS TO BE ISSUED TO VEHICLES LEASED BY CERTAIN PUBLIC SAFETY VOLUNTEERS SECTION AMENDED: § 21-79 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 21-79 of the City Code is hereby amended and reordained to read as follows: Sec. 21-79. Issuance of decal to members of volunteer fire companies or rescue squads, auxiliary policeme~ officers, volunteer police chaplains, auxiliary deputy sheriffs, disabled veterans and surviving spouses of disabled veterans. City automobile decals shall be issued to members of the various volunteer fire companies and rescue squads, to auxiliary policeman officers and to volunteer police chaplains of the city, to auxiliary deputy sheriffs, to disabled veterans as defined in Code of Virginia section 46.2-100, and to surviving spouses of such disabled veterans, without the payment of any tax or fee, in accord with the following provisions: (1) The city treasurer shall issue a city automobile decal to each active member of the various volunteer fire companies and rescue squads, to each active auxiliary policeman officer, to each active volunteer police chaplain, and to each active auxiliary deputy sheriff, and to each such volunteer who, although presently inactive, has completed ten (10) or more years of active service in the city, who shall submit a letter from the chief of his fire company or rescue squad or, in the case of auxiliary policeman officers and volunteer police chaplains, from the chief of police, or in the case of auxiliary deputy sheriffs, from the sheriff, stating that 35 36 37 38 39 4O 41 42 43 he is an active member of the company or squad or is an active auxiliary policeman officer, volunteer police chaplain or auxiliary deputy sheriff, or that, if inactive, he has completed ten 10) or more years of active service. Such decal shall be provided to active members of volunteer fire companies and rescue squads, and each active auxiliary police officer, volunteer police chaplain and auxiliary deputy sheriff, regardless of whether the volunteer owns or leases the vehicle for 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 6O 61 62 63 (2) (3) (4) which the decal is requested. Each such volunteer fire company or rescue squad member, auxiliary policeman officer, volunteer police chaplain and auxiliary deputy sheriff shall, at the time of issuance, agree with the treasurer to return to the treasurer the city automobile decal issued to him, if and when such volunteer becomes inactive prior to completing ten (10) or more years of active service. The chief of each volunteer fire company and rescue squad, the chief of police, and the sheriff shall submit to the treasurer the names and length of active volunteer service of members, auxiliary policemcn officers and police chaplains and auxiliary deputy sheriffs who become inactive. The city treasurer shall issue a city automobile decal to each disabled veteran and to each surviving spouse of a disabled veteran who shall present certification of such status from the U. S. Veterans Administration. 64 65 66 67 68 69 7O 71 This ordinance shall be effective as of January 1, 2000. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 28 day of March , 2000. CA-7627 DATA/ODIN/PROPOSED/21-079ord.wpd R2 PREPARED: March 16, 2000 Item V-I.2. ORDINANCES/RESOL UTION - 23 - ITEM # 46423 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $319,681 from Virginia Medicaid Waiver funds; APPROPRIATE $12, 686 in client fees to the FY 1999-2000 Operating Budget of the Community Services Board (CSB) re additional client services; and, increase estimated revenue accordingly. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None March 28, 2000 1 2 3 4 5 6 7 AN ORDINANCE ACCEPTING AND APPROPRIATING $319,681 IN STATE FUNDS AND APPROPRIATING $12,686 IN CLIENT FEES FOR SERVICES TO THE FY 2000 OPERATING BUDGET OF THE COMMUNITY SERVICES BOARD TO PROVIDE ADDITIONAL CLIENT SERVICES 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 WHEREAS, the Community Services Board ("CSB") has 14 new residential consumers, and an additional $319,681 from the Commonwealth of Virginia in Medicaid Waiver funds, along with an additional $12,686 in client fees, services to these consumers; and WHEREAS, an additional will be available to fund 11.07 full-time equivalent positions must be created to provide the additional services made possible by these additional revenues. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $319,681 in Medicaid Waiver funds from the Commonwealth of Virginia is hereby accepted and appropriated to the FY 2000 Operating Budget of the Community Services Board ("CSB") from the Commonwealth of Virginia to provide services for these consumers. 2. That $12,686 in client fees is hereby appropriated to provide services for these consumers. 3. That the number of full-time equivalent positions in the CSB's FY 2000 Operating Budget is hereby increased by 11.07. 4. That funding for the services described in this ordinance is contingent upon continued state funding, and if this funding is reduced or eliminated, then the services, as well as the positions established to provide the services, will be reduced or eliminated accordingly. 5. That estimated revenue in the CSB's FY 2000 Operating Budget is hereby adjusted to reflect $319,681 in additional revenue from the Commonwealth of Virginia and $12,686 in additional revenue from client fees. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia, on the 28 day of March , 2000. 38 39 Requires an affirmative vote by a majority of members of City Council. 40 41 42 43 CA 7641 F: \Data\ATY\Ordin~NONCODE\CSB Residential Funding.ord March 15, 2000 R-4 44 APPROVED AS TO CONTENT: 45 47 Management Servm%es~ APPROVED AS TO LEGAL SUFFICIENCY City Attorney, s Offi~ - 24- Item V-I.3. ORDINANCES/RESOL UTION ITEM # 46424 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED Ordinance to TRANSFER $1,100, O00 from the Instructional Category to the Transportation Category for FY1999-2000 School Operating Budget re replacement busses. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William ~ Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None March 28, 2000 AN ORDINANCE TO CONSENT TO THE TRANSFER OF $1,100,000 FROM THE INSTRUCTIONAL CATEGORY TO THE TRANSPORTATION CATEGORY WITHIN THE FY 2000 SCHOOL OPERATING BUDGET 6 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 WHEREAS, the School Board of Virginia Beach has, within the FY 2000 School Operating Budget, identified resources available to replace aging school buses; WHEREAS, $1,100,000 of the necessary funds are in the Instructional category, requiring a transfer of these funds to the Transportation category; WHEREAS, pursuant to §22.1-89 of the Code of Virginia, the transfer of funds from one category to another requires the consent of City Council~ WHEREAS, by resolution adopted March 7~ 2000~ the School Board formally requested the City Council to approve such a transfer; and WHEREAS, the City Council wishes to support the School Board's efforts to address pupil transportation needs while staying within resource levels. NOW, THEREFORE~ BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby consents to the School Board's transfer of $1~100,000 from the Instructional category to the Transportation category in the FY 2000 School Operating Budget. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day of March, 2000. CA7654 F:kDatakATY/Ordin/NONCODE/Replacement Buses.ord March 22~ 2000 R-2 32 APPROVED AS TO CONTENTS: 33 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office ' IRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE A REQUEST OF THE VIRGINIA BEACH CITY COUNCIL TO TRANSFER CERTAIN FUNDS RESOLUTION WHEREAS, the mission of the Virginia Beach City Public Schools, in partnership with our entire community, is to ensure that each student is empowered with the knowledge and skills necessary to meet the challenges of the future; and WHEREAS, in order to meet a 12-year replacement cycle as recommended by the state, the school system should replace approximately 56 buses each year; and WHEREAS, budgetary constraints in recent years have precluded the inclusion of funds in the Operating Budget for the purchase of sufficient replacement buses to meet State recommended replacement cycle of 12 years; and WHEREAS, the ability to place orders for school buses before May 1, 2000 will allow the school system to receive these buses at the beginning of the school year rather than to be placed on a waiting list with other divisions and receive the buses much later in the school year; and WHEREAS, the safety of students is always a primary concern of the Virginia Beach School Board and the School Administration; and WHEREAS, the School Board proposed Operating Budget for FY 2000/01 at $472,303,684 met the Revenue Sharing Formula target as defined by the City Council; and WHEREAS, the FY 2000/01 Operating Budget maintains the bus replacement baseline of $1.34 million, sufficient to replace approximately 26 buses in the fleet of approximately 669 buses; and WHEREAS, the School Board was presented with a mid-year review of the FY 99/00 Operating Budget which indicated that approximately $14.2 million has been identified as available from the FY 99/00 Operating Budget; now, therefore, be it RESOLVED: That the Virginia Beach School Board requests the Virginia Beach City Council to approve a categorical transfer in the amount of $1,100,000 from the Instructional Category to the Pupil Transportation Category to be used by the school division for the purpose of ordering replacement buses; and be it further RESOLVED: That the Clerk is directed to deliver a copy of this Resolution to the Mayor, each member of City Council, the City Manager and the City Clerk, and be it further RESOLVED: That the Superintendent is directed to deliver directly to the City Manager a copy of this resolution and request that this transfer request be placed on the next available City Council Action Agenda; and, be it further RESOLVED: That a copy of this resolution be spread across the official minutes of this Board. SEAL Adopted by the School Board the 7a' day of March 2000 Daniel D. Edwards, Qhairman - Attest: Dianne M. Page, Clerk of theOBoard School Administration Building · 2512 George Mason Drive · R O. Box 6038 · Virginia Beach, VA 23456-0038 - 25 - Item V-I.4. ORDINANCES/RESOL UTION ITEM # 46425 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED Ordinance to TRANSFER $600, O00 from New Castle Elementary School (CIP #1-061), to Seatack Elementary School (CIP #1-198) re required funding for Birdneck Road access to school site. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None March 28, 2000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 AN ORDINANCE TO TRANSFER $600,000 FROM CAPITAL IMPROVEMENT PROJECT #1- 061, NEW CASTLE ELEMENTARY SCHOOL, TO CAPITAL IMPROVEMENT PROJECT #1- 198, SEATACK ELEMENTARY SCHOOL RELOCATION TO PROVIDE ADDITIONAL FUNDING REQUIRED FOR THE BIRDNECK ROAD ACCESS TO THE SCHOOL SITE WHEREAS, unforseen site issues relating to the relocation of Capital Improvement Project #1-198, Seatack Elementary School Relocation Project, have caused increased construction costs; WHEREAS, Capital Improvement Project #1-061, New Castle Elementary School, has been completed under budget and surplus appropriations are available; and WHEREAS, the School Board on March 21, 2000 requested that $600,000 in appropriations be transferred from Capital Improvement Project #1-061 to Capital Improvement Project #1-198 to fund these increased costs. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the FY 2000 Capital Budget is hereby amended by transferring $600,000 from Capital Improvement Project ~1-061, New Castle Elementary School Project, to Capital Improvement Project #1-198, Seatack Elementary School Relocation Project, for the purpose of providing additional funding needed for access to the new Seatack Elementary School. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28 day of March , 2000. CA7653 F:~Data~ATY~Ordin~NONCODE~Birdneck Road Access.ord March 22, 2000 R-4 APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICIENCY: IRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE CAPITAL IMPROVEME~ PROGRAM TRANSFER OF FUNDS WHEREAS, tho School Board adopted the 2000101-2005/06 Capital Improvement Program (CIP) on February 15, 2000, and WHEREAS, included in the adopted CIP is a request to transfer $600,000 from project 1-061 New Castle Elementary School into project 1-198 Seatack Elementary School, and WHEREAS, the New Castle and S~tack elementary projects were bid as a package under one contract, and WHE~, the New Castle Elementary project has been constructed for approximately $1,350,000 less than the original project budget, and WHEREAS, unforeseen site conditions related to Birdneek Road improvements which are a part of the Seatack Elementary School project necessitate the proposed transfer of funds, and WHEREAS, the transfer of these funds needs to occur prior to July 1, 2000, as would normally occur during the CIP process, now tl~re, fom be it RESOLVED: That the School Board requests that City Council transfer $600,000 from CIP 1-061 into CIP 1-198, and be it further RESOLVED: That a copy of this resolution be delivered promptly to City Council, City Manager, and City Clerk by the Clerk of the Board. Adopted bythe School Board ofthe City of ~rugh~ B~meh March 21, 2000 SEAL Attest Dianne M. Pag~'Clark of~ho fioard Daniel D. Edwards, Chairman School Administration Building * 2512 George Mason Drive * R O. Box 6038 * Virginia Beach, VA 23456-0038 Item V-I. 5. a/b. ORDINANCES/RESOL UTION - 26- ITEM # 46426 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED Resolutions re Virginia Department of Transportation (I/DOT): a. Add 15.98 lane miles of new streets eligible for urban maintenance effective July 1, 2000; and, increase applicable revenue orS112,591.92 per year. Increase 9.38 lane miles of local~collector streets in the urban streets inventory; and, increase applicable revenue of $65,228.52 per year. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None March 28, 2000 A RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO ACCEPT CORRECTIONS TO THE REVISED ROAD INVENTORY FOR URBAN MAINTENANCE PAYMENTS WHEREAS, the Virginia Department of Transportation requires a Council resolution prior to accepting corrections/deletions to the revised road inventory for urban maintenance payments; WHEREAS, City personnel have reviewed the revised road inventory prepared by the Virginia Department of Transportation and have determined that some inaccuracies exist; WHEREAS, corrections to the revised road inventory have been made as shown on Exhibit A (attached); and WHEREAS, a representative from the Virginia Department of Transportation has inspected and approved these corrections. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby requests the Virginia Department of Transportation to accept the corrections listed on Exhibit A which is attached hereto and incorporated by reference, and to begin paying urban maintenance payments to the City of Virginia Beach based on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day of March ,2000. Approved as to Content: Public Works Approved as to Legal Sufficiency C~TAttomey A RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO ACCEPT ADDITIONAL STREETS FOR URBAN MAINTENANCE PAYMENTS WHEREAS, the Virginia Department of Transportation requires a Council resolution prior to accepting additional streets for urban maintenance payments; WHEREAS, the streets listed on Exhibit A (attached) have been constructed in accordance with standards established by the Virginia Department of Transportation; WHEREAS, the City of Virginia Beach has accepted and agreed to maintain these streets; and WHEREAS, a representative from the Virginia Department of Transportation has inspected and approved these streets. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby requests the Virginia Department of Transportation to accept the streets listed on Exhibit A which is attached hereto and incorporated by reference, and to begin paying urban maintenance payments to the City of Virginia Beach based on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day of March ,2000. 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ORDINANCES/RESOL UTION -27- ITEM # 4642 7 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, REFUNDS: LICENSE $17, 850. 48 TAX $ 8,648.30 City Council APPROVED: Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara 3/1. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. 3/1. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None March 28, 2000 FORM NO. C.A. 8 REV. 3/88 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 YEAR PAID BASE INTEREST TOTAL APAC VIRGINIA INC ARCHITECTURAL GRAPHICS INC BLOCKBUSTER INC BLOSSOM ENTERPRISES INC CARTER RYAN INC CERAMIC TILE COMPANY THE COASTAL SECURITY SERVICE INC COHEN DARRYL A COMMONWEALTH LUBES INC COWAN JASON B DAGENHART SPRINKLER CO INC DAUGHERTY LEE COMPANY DESKS INC DILLS AINSCOUGH DUFF PC EAST COAST CARPET CARE INC ELECTRONIC INVENTORY SYSYTEMS INC ENGINEERING & TESTING CONSULTANT GREENWOOD GARDEN SERVICE INC H W ROUNTREES LUGGAGE CO INC HI NES GARY HOFFMAN CIGAR CO INC J & W TRUCKING BW INC KIERNAN INC MCCREASH TONI LEE MERCHANTS INC R & B FISH COMPANY INC SERVITEX INC SILVERMAN CHARLES SLIPOW & ROBUSTO PC TIDEWATER REAL ESTATE ALL INC TOKYO INN INC TVE LTD WADE POWELL INC YOUR PERSONAL TRAINER LLC 2000 02~29/00 50.00 0.00 50.00 2000 02/29/00 50.00 0.00 50.00 2000 02/23/00 2,127.85 0.00 2,127.85 2000 02/25/00 40.00 0.00 40.00 02/24/00 AUDIT 2,816.06 226.45 3,042.51 2000 02/25/00 109.38 0.00 109.38 02/21/00 AUDIT 980.00 77.26 1,057.26 2000 02/28/00 234.92 0.00 234.92 2000 02/29/00 5,000.00 0.00 5,000.00 02/21/00 AU DIT 429.98 49.42 479.40 02/24/00 AUDIT 73.82 20.29 94.11 2000 03/01/00 50.00 0.00 50.00 2000 03/01/00 114.78 0.00 114.78 02/24/00 AUDIT 947.46 249.49 1,196.95 02/18/00 AUDIT 193.83 22.61 216.44 02/25/00 AUDIT 555.27 134.46 689.73 02/24/00 AUDIT 702.81 152.55 855.36 2000 02/23/00 50.00 0.00 50.00 2000 02/23/00 50.00 0.00 50.00 1998-1999 02/21/00 113.75 0.00 113.75 2000 02/25/00 50.00 0.00 50.00 2000 02/23/00 50.00 0.00 50.00 02/17/00 AUDIT 959.46 79.45 1,038.91 2000 02/24/00 184.47 0.00 184.47 2000 02/25/00 55.37 0.00 55.37 2000 02/24/00 42.91 0.00 42.91 2000 02/25/00 50.00 0.00 50.00 2000 02/24/00 74.06 0.00 74.06 2000 03/01/99 50.00 0.00 50.00 02/18/00 AUDIT 217.67 19.94 237.61 2000 02/28/00 40.00 0.00 40.00 2000 02/25/00 78.59 0.00 78.59 2000 02/24100 50.00 0.00 50.00 2000 02/29/00 226.12 0.00 226.12 "~ity A'fforney's Office This ordinance shall be effective from date of adoption. The above abatement(s) totaling City of Virginia Beach on the 17,850.48 were approved by the 28th day of March Council of the ,20OO Ruth Hodges Smith City Clerk ~AME AN ORDINANCE AUTHORIZING TRUSTEE TAX 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 trustee tax refunds, upon certification of the Commissioner of the Revenue are hereby approved: TRUSTEE TAX DATE BASE YEAR PAID INTEREST TOTAL Virginia Musical Theatre, Inc. t996-1999 12/96 8,648.30 01/97,02/97,04/97,07/97,10/97,12/97 01199.04/99 8,648.30 This ordinance shall be effective from date of adoption. The above abatement(s) totaling City of Virginia Beach on the $8,648.30 28 'PhiliP ~ Kellam - ~ Commissioner of the Revenue · ,-L~eslie L. Lilley City Attorney were approved by the Council of the day of Hatch Jtgx 2000 Ruth Hodges Smith City Clerk Item V-J. - 28 - PLANNING ITEM # 46428 PLANNING 1. OCEANA DEVELOPMENT L.P. STREET CLOSURE 2. LARRY P. HERZ NON-CONFORMING USE 3. JAMES M. ARNHOLD NON-CONFORMING USE 4. OCEANA CHURCH OF CHRIST CONDITIONAL USE PERMIT 5. ROAD TO EMMA US CONDITIONAL USE PERMIT 6. NE WCOVENANT PRESBYTERIAN CHURCH CONDITIONAL USE PERMIT 7. TROYA. TITUS CONDITIONAL CHANGE OF ZONING & CITY OF VIRGINIA BEACH AMEND COMPREHENSIVE PLAN/SHORE DRIVE CORRIDOR PLAN March 28, 2000 - 29 - Item V-J. PLANNING ITEM # 46429 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in ONE MOTION Items 1, 2, 3 (DEFERRED INDEFINITELY), 4, 5, 6 and 7 of the PLANNING BY CONSENT. Item 3 was DEFERRED INDEFINITEL Y, B Y CONSENT. Voting: 11-0 (By Consen0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None March 28, 2000 - 30- Item V-J. 1. PLANNING ITEM # 46430 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the Ordinance upon Application of OCEANA DEVELOPMENT LP for the discontinuance, closure and abandonment ,of an existing 50-foot right-of-way: Application of Oceana Development LP for the discontinuance, closure and abandonment of an existing 50-foot right-of-way, 570feet west of Bowland Parkway as shown on the plat entitled: "Street Closure for Existing 50' right-of-way at London Bridge Gardens ", and recorded in Map Book 139, Page 14 (GPIN #1496-89-8793). Saidparcel contains 20, 821.6square feet BEA CH- DISTRICT 6. The following conditions shall be required: The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, "approved by City Council. Copies of the policy are available in the Planning Department. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. If it is the applicant 's intent to have the entire street become apart of this property, a notarized letter must be provided from the advent property owner indicating his desire not to purchase any adjacent interest in the street and he has no objection to the closure with all of the land accruing to the applicant. The applicant is required to verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. If the above noted conditions are not fulfilled within one year of this approval, the street closure petition shall be considered null and void. If the applicant chooses to continue efforts to close the roadway, a new application must be submitted to the Planning Department and approved again by City Council. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None March 28, 2000 - 31 - Item V-d. 2. PLANNING ITEM # 46431 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the Resolution upon application of LARRY P. HERZ for an enlargement in a nonconforming use. Application of Larry Herz for an enlargement of a non-conforming use on property on the south side of Delaware Avenue, east of Caribbean Avenue (712 Delaware Avenue), re enclosure of an existing breeze-way between the single-family home and garage apartment, containing 7, 000 square feet BEACH- DISTRICT 6. The following condition shah be required: The structure, as enlarged, shah conform to the plans and specifications exhibited to the City Council on the date of adoption of this ordinance, which plans and specification are on file in the Department of Planning. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None March 28, 2000 Item VI-K.3. - 32 - PLANNING ITEM # 46432 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED INDEFINITEL Y, the Resolution of JAMES M. ARNHOLD for the enlargement of a nonconforming use: Resolution upon application of James M. Arnhold for the enlargement of a nonconforming use on Lot 3, Block B, Chesapeakb Bay Shores (2414 Spinaker CourO, re demolition of the existing two-story townhouse and replacement by constructing a larger three-story townhouse, containing 3,316.2 square feet. L YNNHA VEN- DISTRICT 5 Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None March 28, 2000 Item V-J. 4. - 33 - PLANNING ITEM# 46433 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the Ordinance upon application OCEANA CHURCH OF CHRIST for a Conditional Use Permit: ORDINANCE UPONAPPLICATION OF OCEANA CHURCH OF CHRIST FOR A CONDITIONAL USE PERMIT R03003030 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Oceana Church of Christ for a Conditional Use Permit for a church expansion on the north side of Virginia Beach Boulevard, east of North Oceana Boulevard (GPIN #2 417-16-12 60 ; #2417- 16-13 70, #2417-16-1164,; #2417-16-1060). Said parcel is located at 1460 Virginia Beach Boulevard and contains 1.5176 acres. BEA CH- DISTRICT 6. The following conditions shall be required: 1. An ordinance and plat closing the alley between the church and the parking area must be recorded. The existing and new parking areas must be landscaped in accordance with current requirements for interior parking lot and street frontage landscaping. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen~ -eighth of March, Two Thousand Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None March 28, 2000 - 34- Item V-J. 5 PLANNING ITEM # 46434 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the Ordinance upon application of ROAD TO EMMA US for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ROAD TO EMMAUS FOR A CONDITIONAL USE PERMITFOR A CHUR CH EXPANSIONR 0 3 O03031 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Road to Emmaus for a Conditional Use Permit for a church expansion on the west side of Indian Lakes Boulevard, south of Providence Road. Said parcel is located at 1001 Indian Lakes Boulevard and contains 2.6433 acres. KEMPSVILLE - DISTRICT 2. The following conditions shah be required: Setbacks for new development shall be measured from the ultimate right-of-way line for Indian Lakes Boulevard (approximately 5feet from existing right-of-way line). The site shall be developed as shown on the submitted site plan entitled, "Conditional Use Permit, Road to Emmaus Church" dated December 29, 1999, which has been exhibited to the City Council and is on file with the Planning Department. Interior parking lot landscaping shall be installed in the existing and new parking areas to meet current requirements. A row of wax myrtle shrubs shall be installed at a height of 4-5 feet at planting, 4 feet on center, along the northwest property line where sufficient room exists for the plantings. Landscaping identified on the site plan as "proposed BMP landscape screening"shall be installed ifa stormwater management facility is required. The building addition shall be constructed as shown on the submitted elevations entitled, "Road To Emmaus Church, Sanctuary and Classroom Additions, "dated Jan. 00, which have been exhibited to City Council and are on file with the Planning Department. Colors for the building addition shall be earth tone. This Ordinance shall be effective in accordance with Section 107 (JO of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen~ -eighth of March, Two Thousand Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None March 28, 2000 Item V-J. 6. - 35 - PLANNING ITEM # 46435 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the Ordinance upon application of NEW COVENANT PRESBYTERIAN CHURCH for Conditional Use Permit: ORDINANCE UPON APPLICATION OF NEW COVENANT PRESBYTERIAN CHUR CH FOR A CONDITIONAL USE PERMIT FOR A CHURCH EXPANSION R03003032 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of New Covenant Presbyterian Church for a Conditional Use Permit for a church expansion on the east side of Kempsville Road, 120feet south of Quarry Lane (GPIN #1465-25-33 75). Said parcel is located at 1552 Kempsville Road) and contains 4.46 acres more or less. CENTER VILLE- DISTRICT 1. The following conditions shall be required: Site layout and landscaping shall conform with the submitted site plan entitled "Conditional Use Permit Application Exhibit for New Covenant Presbyterian Church, " dated December 15, 1999 and revised December 29, 1999, with the following exceptions: The layout of all new parking areas, to include the "Future Parking" area depicted behind the new sanctuary building, shall be revised as necessary to comply with minimum parking lot landscaping requirements. b. The "Future I-Story Family Life Building" depicted on the plan is not included in this approval. Final site plan submittal shall depict those areas along the southeastern and southwestern property lines lacking a solid vegetative screen, and shall provide for the installation of Category 1 screening to supplement existing vegetation. Only the northernmost access point depicted on Kempsville Road shall be allowed. A right turn lane into that access point shall be provided, consisting of a 120' tapered transition area. Slight adjustments to the building and parking lot footprint shall be permitted as necessary to accommodate the right turn lane; any required street frontage landscaping displaced by construction of the right turn lane shall be replaced along the revised street frontage. Materials shall consist of red brick veneer with white EIFS accents; architectural design and materials shall conform with the color elevations entitled "New Covenant Presbyterian Church, Virginia Beach, Virginia, "prepared by the Yates Group, dated 1-2-99 and annotated as sheet 3 of 4. 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 Twenty -eighth of March, Two Thousand March 28, 2000 -36- Item V4. 6. PLANNING ITEM # 46435 (Continued) Voting: 11-0 (By Consen0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, IIL Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None March 28, 2000 Item V-J. 7. -37- PLANNING ITEM# 46436 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the Ordinance upon application of TROY A. TITUS for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF TROY A. TITUS FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 and R- 7.5 TO CONDITIONAL B-2 Z03001162 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Troy A. Titus for a Change of Zoning District Classification from B-2 Community Business District on property located 210feet more or less south of Indian River Road, beginning at a point 573.68feet east of Kempsville Road (GPIN #1465-37-0414). The proposed zoning classification change to Conditional B-2 is for commercial land use. The Comprehensive Plan recommends use of this parcel for retail, service, office and other compatible uses within commercial centers in accordance with other plan policies. Said parcel is located at 521 Indian River Road and contains 1.474 acres. CENTER VILLE- DISTRICT 1. The following condition shall be required: Agreement encompassing proffer shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the proceedings. This Ordinance shall be effective in accordance with Section 107 O0 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty -eighth Of March, Two Thousand Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None March 28, 2000 City of Vi - inia I~/'ER-OFFICE C ORI~ES POLrl) E61C E In Reply Refer To Our File No. DF-4699 DATE: March 22, 2000 TO: Leslie L. Lilley DEPT: FROM: William M. Macali [~ DEPT: Conditional Zoning Application Titus Family Revocable Living Trust City Attorney City Attorney The above-referenced revised conditional zoning application is scheduled to be heard by the City Council on March 28, 2000. I have reviewed the subject proffer agreement, dated February 2, 2000, 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 This agreement drafted by: Albert R. Hartley, Esquire 5221 Indian River Road Virginia Beach,. Virginia 23464 PROFFERED COVENANTS, RESTRICTIONS, AND CONDITIONS FROM THE TITUS FAMILY REVOCABLE LIVING TRUST, dated September 4,1997, owner, TO THE CITY OF VIRGINIA BEACH, a municipal corporation THIS AGREEMENT, made this 2nd day of February, 2000, by and between THE TITUS FAMILY REVOCABLE LIVING TRUST, dated September 4, 1997 (hereinafter called "TITUS"), owner and GRANTOR, party of the first part, Troy Titus, contract purchaser, and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, GRANTEE, party of the second part. WITNESSETH: WHEREAS, TITUS is the owner of a certain parcel of property located at 5221 Indian River Road in the City of Virginia Beach, a portion of which is currently zoned R-7.5 and a portion of which is currently zoned B-2, which is approximately 40,950 square feet in size and described in Exhibit WA" which is attached hereto and incorporated herein by reference, said property hereinafter referred to as the "Property"; and WHEREAS, Titus has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia by petition addressed to the GRANTEE so as to change the Zoning Classification of the Property from R-7.5 in part to B-2; and WHEREAS, the GRANTEE's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the GRANTOR acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects cf change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the GRANTOR'S re-zoning application gives rise; and WHEREAS, the GRANTOR has voluntarily proffered, in writing in advance of and prior to the public hearing before the GRANTEE, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the B-2 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the re-zoning and the need for which is generated by the re-zoning. NOW, THEREFORE, the GRANTOR, for himself, his successors, personal representatives, and assigns, and for GRANTEE and other successors in title or interest, voluntarily, and without any requirement by or exaction from the GRANTEE or its governing body and without any element of compulsion or quid pro quo for zoning, re-zoning, site plan, building permit, or subdivision approval, the which operation, hereby makes restrictions development, following declaration of conditions and shall restrict and govern the physical and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the GRANTOR, their successors, personal representatives, assigns, GRANTEE, and other successors in interest or title: 1. When the Property is developed the Site plan, Landscape Plan, and Building Elevation shall be developed substantially as shown on the exhibit entitled "PROPOSED OFFICE BUILDING AND FUTURE RETAIL CENTER FOR TROY A. TITUS," prepared by William Verebely, of Verebely and Associates, dated December 29, 1999 which as been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The following types of business establishments are some but not all of the uses that shall be prohibited on this Property: (a) Eating and drinking establishments with drive- through windows; (b) Greenhouses and plant nurseries; (c) Grocery stores, carry-out food stores and convenience stores, any of which are not freestanding. These conditions, however, may be repealed, amended, or varied by written 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 instrument, provided that said instrument is consented to by the GRANTEE in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the GRANTEE, after a public hearing before the GRANTEE which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. Further conditions may be required by the GRANTEE during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. GRANTOR covenants and agrees that: (1) The Zoning Administrator 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 authority (a) to order, in writing, than any noncompliance with such conditions be remedied, and (b) 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 proceeding. (2) The 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) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the GRANTOR shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning cf the Property, and the ordinances and the conditions may be made available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and Indexed in the name of the GRANTOR and the GRANTEE. (5) The 'future retail center' depicted on the exhibit entitled "PROPOSED OFFICE BUILDING AND FUTURE RETAIL CENTER FOR TROY A. TITUS," prepared by William Verebely, of Verebely and Associates, dated December 29, 1999, shall be constructed in a similar architectural style and of the same exterior materials and colors as the three-story office building depicted on the referenced plan. Review of the.plans for the 'future retail center' for compliance with this proffer shall be determined by the Director of Planning. WITNESS the following signatures and seals this 2nd day of February, 2000. GRANTOR: The Titus Family Revocable Living Tru~ STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 2"d day of February, 2000, by Grace E. Titus, Trustee of the Titus Family Revocable Living Trust, dated September Notary Public My Commission Expires Item V-J. 8. - 38- PLANNING ITEM # 46437 Robert M. Stanton, 4141 First Court Road, Phone: 464-1961, Chairman - Shore Drive Advisory Commission, acknowledged the Members of the Commission: Scott Ayers; Ron Bray, Dan H. Brockwell; Judith K. Connors, Daniel F. Creedon, Fred Hazelwood, Kal Kassir, John R. Langlois, Jr., Erle Marie Latimer (Planning Commission Members: Betsy W. Atkinson, Thomas F. Betz, Jr. and Ron Bipley) and (Ex-Officio Members: Council Members William W. Harrison, Jr. and Louis R. Jones). The following registered in OPPOSITION Attorney R. J. Nutter, 4425 Corporation Lane, Phone: 519-3200, represented Crestar and Cenit Bank Attorney Eddie Bourdon, Pembroke One, Phone: 499-8971, represented Lynnhaven Colony Shoppes, Seashore Shoppes, Lynnhaven Beach Wear, and a number of others. Mr. Bourdon submitted petitions in Opposition, which are hereby made a part of the record. Upon motion by Councilman Harrison, seconded by Councilman Jones, City Council ADOPTED: Ordinance to AMEND the Comprehensive Plan to include the SHORE DRIVE CORRIDOR PLAN, with the cover of the Appendices to be amended to reflect that Pages 126 thru 138 are provided for discussion purposes and are non-binding cost estimates and suggestions. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, IIL Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None March 28, 2000 1 2 3 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO AMEND THE COMPREHENSIVE PLAN BY THE ADDITION OF THE SHORE DRIVE CORRIDOR PLAN Section Amended: Comprehensive Plan Appendix to BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Comprehensive Plan of the City of Virginia Beach be, and hereby is, amended and reordained by the addition of the Shore Drive Corridor Plan, dated March 23, 2000, to the Appendix to the Comprehensive Plan. A true copy of the said Shore Drive Corridor Plan is hereto attached and is hereby incorporated into the Comprehensive Plan. 14 15 Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day of March, 2000. 16 17 18 19 2O CA-99-7533 wmm~ ordres ~ shoredrivepl an. com R-2 March 27, 2000 - 39- Item V-K. 1. APPOINTMENTS ITEM # 46438 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENT.. FRANCIS LAND HOUSE BOARD OF GOVERNORS March 28, 2000 - 40- Item V-K.2. APPOINTMENTS ITEM # 46439 Upon NOMINATION by Vice Mayor Sessoms, City Council: APPOINTED: REAPPOINTED: William ,4. Hearst SaRita Nery Ranger Unexpired thru 12/31/2001 James L. Wood Unexpired thru 3/31/2002 Paul C. Cole Howard J. Collins Peregrin C. Francisco Three Year Terms 4/1/00-3/31/2003 HEALTH SERVICE ADVISORY BOARD Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None March 28, 2000 - 41 - Item V-K.2. APPOINTMENTS ITEM # 46440 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: H. Les Powell, Jr. 3 Year Term 3/1/00-2/28/2003 VIRGINIA BEACH CRIME TASK FORCE Voting: 1 O- 0 Council Members Voting Aye: John A. Baum, Margaret L. Eure, William W. Harrison, Jr., Barbara 34. 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: Linwood O. Branch, III, March 28, 2000 Item V-L. 1. - 42 - UNFINISHED BUSINESS ITEM # 46441 Council Lady Parker inquired relative the amount the City was under budget. Council Lady Henley was very impressed the City staff took to heart the comments of the City Council during their,4 ugust Planning Retreat. These are repeated in the Resource Management Plan for each of the business areas of the City. The Retreats have become an extremely important part of the City Council's planning for the year and very obviously is not wasted as it is taken seriously by the staff in developing programs. Mayor Oberndorf advised Council Members attend the Retreats to be accountable for the established priorities. Vice Mayor Sessoms advised Walt Kraemer exemplified the quality of the individuals who are employed by the City. Vice Mayor Sessoms complimented the City Manager and his staff. Councilman Branch referenced the $ 7. 9-MILLION in (Economic Development Investment Program) EDIP funds over the last ten years have now returned $7.3-MILLION per year in tax revenues to this City. Previous City Councils, the present City Council and City administrators deserve a "pat on the back". Good things are happening! There is not one City in the region, Virginia Beach would want to trade for their financial position. March 28, 2000 Item V-N. - 43 - ADJOURNMENT ITEM # 46442 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:35 P.M. Hooks, CMC Chief Deputy City Clerk City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia March 28, 2000