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JUNE 13, 2000 MINUTESri of Virginia Beach CITY COUNCIL M.4YOR MEYEIL.I E. OBERNDORF. ,4t-Lar~c I'ICE M,'IYOR WILLL'IM D. SESSOMS,.TR. At-La~'gc JOHN .4. B.4UM, At-Larg, LL\"O."OOD O, BRANCtl, IH, Dtstm't 6-Beach MARGARET L. EURE, Dts,~ct l-Contort'dh' WILLLqM Ir~ HARRISON, JR.. Dismct 5-Lvnnhaven BARBARA M. HENLEI: District 7 -P. ncess Anne LOUIS R. JONES, Dismct 4-Bqvs~dc REBA S. McCLANAN, D~smct 3-Rose Hall NANCY K. PARKER, At-Large A.M (DO.V) WEEKS. Dl~trict 2-Kcmpn'illc .TAMES K SPORE. City Mana~tct LESLIE L. LILLEY City Atto.u~' R t. rTtt HODGES-SMITH. C~ty Ch, k CITY COUNCIL AGENDA CITY 240! Ct VIR(;I.~IA ItEACII. Vliit;INl.~ I'HONE: (7.37} 327-4304 15~X: EM, iII.: Cl3'cncl~Vity vi~ini°'l~°ch v"'~ June 13,2000 I. CITY MANAGER'S BRIEFING - Conference Room - 11:00 AM ho C S B RECOVERY CENTER [30 min] Dr. Terry Jenkins, Director, Community Services Board II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - 12:30 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf Bo INVOCATION: Reverend James R. Wolfcale Atlantic Shores Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION Fo MINUTES 1. INFORMAL & FORMAL SESSIONS June 6, 2000 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. MAYOR'S PRESENTATION 1. Miss Virginia Beach - Felicia Hocker 2. Teen Miss Virginia Beach - Kristina Lawrence 3. PreTeen Miss Virginia Beach - Elizabeth Hiltz 4. Little Miss Virginia Beach - Brandi Gilbert ORDINANCES 1. Ordinances to AMEND the City Code: ADDING new Article VIII to AMEND Chapter 6 re Beaches and Waterways Advisory Commission increasing the membership from seven to eleven. bo § 7-50 by ADDING a provision re operation of four-wheeled bicycles in the Resort Area. § 35-4 by establishing a date by which tax returns for personal property and machinery and tools must be filed and providing civil and criminal penalties for failing to file such returns or filing false returns. Ordinance to ACCEPT and APPROPRIATE $53,366 from the federal government's Universal Service Fund to the FY 2000 Operating Budget of the Department of Public Libraries re completion of the Interact Access project to provide public access to the Interact in all public libraries; and, estimated revenue be increased accordingly. Ordinance to ACCEPT and APPROPRIATE $247,814 in additional state revenues re salary and operating expenses for eight (8) new positions; TRANSFER $66,790 from the General Fund Reserve for Contingencies to provide the City's match to the FY 2001 Operating Budget of the Sheriff's Office re additional provisions; and, estimated revenue from the Commonwealth be increased accordingly. Ordinance to APPROPRIATE $22,400 in estimated revenue from admissions to the Adam Thoroughgood House; and, TRANSFER $67,560 from the General Fund to the FY 2001 Operating Budget of the Department of Museums and Cultural Arts re operation of the Adam Thoroughgood House effective July 1, 2000. Ordinance to TRANSFER $1,100,000 between various school capital projects in the Capital Improvement Project (CIP) approved by City Council on May 9, 2000, re additional funding for renovations and replacement of playground equipment; W. T. Cooke Elementary School; and, Woodstock Elementary School Modernizations. Ordinance to establish the VIRGINIA BEACH ADVERTISING (Tourism) AGENCY SELECTION COMMITTEE re RFP for advertising and public relations services prepared by City staff; to review and evaluate proposals received in response to the RFP; select and recommend to City Council an agency to provide advertising and public relations services to the City beginning January 1, 2001; and, this Committee shall automatically dissolve upon the City awarding the contract. Annual permit renewals for area private, municipal and non-profit Emergency Medical Services (EMS) organizations: Advanced Wheelchair Transport, Inc. Al's Wheelchair Transportation Chesapeake Fire Department Children's Hospital of the Kings Daughters DOCC Transportation, Inc. Eastern Medical Transport Medical Transport, Inc. Nightingale Regional Air Ambulance Norfolk Fire and Paramedical Services Virginia Medical Wheelchair Transport Jo PLANNING PLANNING BY CONSENT - To be determined during the Agenda Review Session. Application of BROWN BUILDING CORPORATION for the Modification of Proffers placed on the July 13, 1993, approved application of Roda Associates for a Conditional Change of Zoning District Classification from R-5D to Conditional B-2 at 4847 Dolton Drive (KEMPSVILLE - DISTRICT 2) Recommendation: APPROVAL Application of MILTON PALMER for an expansion of a non-conforming use to reconstruct and enlarge the existing non-conforming dwelling at 309 Shipps Lane, containing 9,900 square feet (LYNNHAVEN - DISTRICT 5) Recommendation: APPROVAL Application of GALE LEVINE for a Conditional Use Permit for boat storage on the east side of North Great Neck Road, south of Lynnhaven Drive (2100 Marina Shores Drive), containing 12.4145 acres (LYNNHAVEN - DISTRICT 5). Deferred: Deferred: February 8, 2000 March 14, 2000 Recommendation: APPROVAL Application of HAMPTON ROADS FUNDRAISING FOUNDATION, INC., for a Conditional Use Permit for an indoor recreational facility (multi-recreational meeting and bingo hall) on the east side of South Military Highway, north of Providence Road (964 South Military Highway), containing 6.075 acres (CENTERVILLE - DISTRICT 1) Recommendation: APPROVAL ° Application of ENTERPRISE RENT-A-CAR for a Conditional Use Permit for a car rental establishment on the south side of Virginia Beach Boulevard, east of Groveland Road (3269 Virginia Beach Boulevard), containing 22,259.16 square feet (ROSE HALL - DISTRICT 3) Recommendation: APPROVAL o 10. Application of KEMPSVILLE MENNONITE CHURCH for a Conditional Use Permit for a church and school expansion (gymnasium) on the south side of North Landing Road, east of Two Farms Lane (3261 North Landing Road), containing 4.36 acres (PRINCESS ANNE - DISTRICT 7) Recommendation: APPROVAL Application of DANIEL POSTON, RAYMOND HOGAN, HOG-POST L.L.C. for a Conditional Use Permit for motor vehicle repairs and truck rentals on the east side of First Colonial Road beginning at a point 220 feet more or less north of Virginia Beach Boulevard, containing 41,774 square feet (BEACH - DISTRICT 6) Recommendation: APPROVAL Application of VIRGINIA METRONET, INC., d/b/a ALLTEL Communications, Inc., for a Conditional Use Permit for a communications tower located 400 feet more or less east of Indian River Road beginning at a point 100 feet more or less south of Eddystone Drive, containing 4,200 square feet of a 12.9 acre site (CENTERVILLE - DISTRICT 1) Recommendation: APPROVAL Application of LOCO L.L.C. t/a LUNASEA CANTINA MEXICALI for a Conditional Use Permit for a recreational facility of an outdoor nature (volleyball court) on the south side of 22"d Street, 100 feet west of Atlantic Avenue (206 22"d Street), containing 7,000 square feet (BEACH - DISTRICT 6) Staff Recommendation: Plan. Comm. Recommendation: DENIAL APPROVAL Applications of TRAMMELL CROW BTS, INC, a Delaware Corporation for Merchant's Tire and Auto Center for an automobile repair establishment on the east side of Independence Boulevard beginning at a point 659 feet more or less north of Wishart Road, containing 2.2733 acres (BAYSIDE - DISTRICT 4): Change of Zoning District Classification from R-15 Residential District to Conditional B-2 Community Business District. b. Conditional Use Permit for auto repair. Recommendations: APPROVAL Ko APPOINTMENTS BEACHES AND WATERWAYS COMMISSION HAMPTON ROADS PLANNING DISTRICT COMMISSION MINORITY BUSINESS COUNCIL PERSONNEL BOARD SOCIAL SERVICES BOARD TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT CITY COUNCIL SESSIONS RESCHEDULED FROM TUESDAY, JULY 4, 2000 TO: WEDNESDAY, JULY 5, 2000 AT 2:00 PM City Council will meet in July ONLY on JULY 5TM and JULY 11TM at 2:00 PM with PLANNING items on BOTH agendas. PUBLIC NOTICE: EFFECTIVE IMMEDIATELY AFTER JULY 12, 2000 (due to the renovation of the City Council Chamber) INFORMAL MEETINGS OF THE CITY COUNCIL and PLANNING COMMISSION will continue in the City Hall Conference Room, Building No. 1 FORMAL MEETINGS OF THE CITY COUNCIL, PLANNING COMMISSION and WETLANDS will be held in the SCHOOL BOARD MEETING ROOM, Building No. 6 (see attached map) If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 06/06/95BAP AGENDA\06-06-95.PLN www.virginia-beach.va.us CITY OF VIRGINIA BEACH SUM~L4RY OF COUNCIL ACTIONS o H M B A C E S B R H C R P E DATE: June 6, 2000 R R E J L N A S W PAGE: I B A E I N O A D R S E A N U S L N N O K O E U C R O E E A R E M K N Y S N F R S S AGENDA M H E ITEM # SUBJECT MOTION VOTE I/A BRIEFING: David M. C, roc~unal, COUNCIL CHAMBER RENOVATIONS Director of General Services II/III/ CERTIFICATION OF CLOSED SESSION CERTIFIED 10-1 Y A Y Y Y Y Y Y Y Y Y IWV F MINUTES - May 23, 2000 APPROVED ! 1-0 Y Y Y Y Y Y Y Y Y Y Y O/H/I Ordinance DECLARING EXCESS property kDOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y at Fox Fire AUTHORIZING City Manager to convey to 24 property owners/retain right to ~-¢c dr~i-~e/utilit~ ea~nent 2 Ordinance to AMEND Agricultural L~nd$ ADOPTED BY 10-1 y y y Y Y Y N Y Y Y Y Preservation Ordinance/AMEND CONSENT requirements re repurchase of development right~ezhange of easements/make l~chnical 3 Ordinance to APPROPRIATE 567,000 to ADOPTED BY ! lq) Y Y Y Y Y Y Y Y Y Y Y provide interest-free ban to Kempsvtlle CONSENT Volunteer R~_fl*- S(luad Fe mmhnlmnce 4 Resolutions referring to Planning Comm. ADOPTED BY 1 l-0 Y Y Y Y Y Y Y Y Y Y Y Amendment re large retail developmente/ CONSENT ~ecommendations to Council by July 14, 2000 a~ Amendments to CZO b. Amendments to Comp. Plan design 5 REFUNDS: ADOPTED BY ! 1-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT a. 1Jc~nse - $79,518.29 b. Tax -$ 8,630.65 I APPOINTMENTS: ADVERTISING AGENCY 'q'ourism' ADDED/ I l-0 Y Y Y Y Y Y Y Y Y Y Y SELECTION COMMITTEE APPOINTED Appoint~i: No term Chairman: RAC - WilliamRoundtree,Jr. President: VBH/IVlA - James H. Capps Pres/dent: VBRA- Preston Midgeti President: VlvlSM FND- Thoma~ 1L Frantz Dirwtor: VMSM - C. Mac Rawls Director: VBC&VD - James B. Ricketts ARTS & HUMANITIES COMMISSION APPOINTED I l-0 Y Y Y Y Y Y Y Y Y Y Y Appointed: Robert N. Melatti 2 yr. term 7/1/00 - 6/30/02 Reappohated: Sharon. L. Fraim 2 yr. terms 7/1/00 - Manuel P, Hipol M.D. 6/30/02 Elliott C. Jones, M.D. Sheila P. Pr/c~ John M. Ryan Warren E. Sachs, D.D.S. BEACHES & WATERWAYS COMM. RESCHEDULED B Y C O N S E N S U S HAMPTON RDS. PLAN.DIST. COMM HAMPTON RDS. TRANS. DIST. MINORITY BUSINESS COUNCIL PERSONNEL BOARD REVIEW OF ALLOCATION COMM. (COl(}) ADDED/ I l-0 Y Y Y Y Y Y Y Y Y Y Y APPOINTED Appointed: Charles E. Flowers Unexpired term thru 1/31/2002 Confirmed: Martha J. Goodman, Ex Officio to rep. V.B. Foundation CITY OF VIRGINIA BEACH SUMMARI' OF COUNCIL ACTIONS o H M B A C E S DATE: June 6, 2000 B R H C R P E R R E J L N A S W PAGE: 2 B A E I N O A D R S E A N U S L N N O K O E U C R O E E A R E M K AOENDA M H E N Y S N F R S S ITEM # SUBJECT MOTION VOTE SHORE DRIVE ADVISORY COMM. APPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Appointed: Ronald C. Ripley, Pla,ming 3 yr. terms Commission Representative 7/1/00 - 6/30/00 for Bayside Reappointed: $coR Ayer~ Judith K. Connors Daniel F. Creedon Erie Marie Latimer Robert M. Stanton TOWING ADVISORY BOARD RE$CHEDULED B Y C O N S E N S U S Vfi. BCH. COMM. DEV. COMM. APPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Appointed: Elsie M. Bnmes Unexpired term thru 12/20/2003 J/K Ordinance to AMEND City Code § 2 - 4 re ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y ADD Police, Fire, Rescue adding Clmpl~m Aids ~t~ ON ADD Workshop: June 20, 2000 RESCHEDUI~D ON from 4pm-6pm to 10m - 12 noon Place to be L ADJOURNMENT 3:22 pm CITY COUNCIL SESSIONS RESCHEDULED FROM TUESDAY, JULY 4, 2000 TO: WEDNESDAY JULY 5, 2000 PUBLIC NOTICE: EFFECTIVE IMMEDIA TEL Y AFTER JULY 12, 2000::: [due to the renovation of the City Council Chamber] INFORMAL MEETINGS OF THE CITY COUNCIL and PLANNING COMMISSION will continue in the City Hall Conference Room, Building No. 1 FORMAL MEETINGS OF THE CITY COUNCIL, PLANNING COMMISSION and WETLANDS will be held in the SCHOOL BOARD MEETING ROOM, Building No. 6 CITY COUNCIL City of Virginia Beach MAYOR MEYERA E. OBERNDORF, At. LaJge VICE MAYOR WILLIAM D. SESSOMS, JR., At-Large JOHN A. BA UM, At-Lmge LINWOOD O. BRANCH, IlL District 6-Beach blARGARET L. EURE, DJstrict l-Centerville WILLIAM W. HARRISON, JR., District 5-1<vnnhaven BARBARA M. HENLE~L District 7 -Pnncess Anne LOUIS R. JONES, District 4-Bayside REBA S. McCLANAN, District 3-Rose Hall NANCY K. PARKER, At-Large A.M. (DON) IITEEKS, District 2-Kemp~'ille JAMES K SPORE, City Manager LESLIE L. LILLES; City Attorn~_ RUTH HODGES-SMITH, City Clerk "GUMMUNI I T I'UI'~ /z. i,.11-1- I IMf CITY COUNCIL AGENDA CITY IIALL Il[JILl)lNG 1 24111 COURTIIt)USE DRI[7'i VIRGINIA BEACII, VIRtllNIA 23456-91~15 PIIt}NE: 17571.~27-4304 (757) 426-,$60~ EMAIL: Ctycncl(qcit3;vi(~,inia-bcoch.va.us June 13, 2000 I. CITY MANAGER'S BRIEFING - Conference Room - 11:00 AM ho C S B RECOVERY CENTER [30 min] Dr. Terry Jenkins, Director, Community Services Board II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - 12:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend James R. Wolfcale Atlantic Shores Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION MINUTES 1. INFORMAL & FORMAL SESSIONS June 6, 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. H. MAYOR'S PRESENTATION 1. Miss Virginia Beach - Felicia Hocker 2. Teen Miss Virginia Beach - Kristina Lawrence 3. PreTeen Miss Virginia Beach - Elizabeth Hiltz 4. Little Miss Virginia Beach - Brandi Gilbert I. ORDINANCES 1. Ordinances to AMEND the City Code: ADDING new Article VIII to AMEND Chapter 6 re Beaches and Waterways Advisory Commission increasing the membership from seven to eleven. bo § 7-50 by ADDING a provision re operation of four-wheeled bicycles in the Resort Area. C° § 35-4 by establishing a date by which tax returns for personal property and machinery and tools must be filed and providing civil and criminal penalties for failing to file such returns or filing false returns. Ordinance to ACCEPT and APPROPRIATE $53,366 from the federal government's Universal Service Fund to the FY 2000 Operating Budget of the Department of Public Libraries re completion of the Internet Access project to provide public access to the Interact in all public libraries; and, estimated revenue be increased accordingly. o Ordinance to ACCEPT and APPROPRIATE $247,814 in additional state revenues re salary and operating expenses for eight (8) new positions; TRANSFER $66,790 from the General Fund Reserve for Contingencies to provide the City's match to the FY 2001 Operating Budget of the Sheriff's Office re additional provisions; and, estimated revenue from the Commonwealth be increased accordingly. Ordinance to APPROPRIATE $22,400 in estimated revenue from admissions to the Adam Thoroughgood House; and, TRANSFER $67,560 from the General Fund to the FY 2001 Operating Budget of the Department of Museums and Cultural Arts re operation of the Adam Thoroughgood House effective July 1, 2000. Ordinance to TRANSFER $1,100,000 between various school capital projects in the Capital Improvement Project (CIP) approved by City Council on May 9, 2000, re additional funding for renovations and replacement of playground equipment; W. T. Cooke Elementary School; and, Woodstock Elementary School Modernizations. o Ordinance to establish the VIRGINIA BEACH ADVERTISING (Tourism) AGENCY SELECTION COMMITTEE re RFP for advertising and public relations services prepared by City staff; to review and evaluate proposals received in response to the RFP; select and recommend to City Council an agency to provide advertising and public relations services to the City beginning January 1, 2001; and, this Committee shall automatically dissolve upon the City awarding the contract. Annual permit renewals for area private, municipal and non-profit Emergency Medical Services (EMS) organizations: Advanced Wheelchair Transport, Inc. Al's Wheelchair Transportation Chesapeake Fire Department Children's Hospital of the Kings Daughters DOCC Transportation, Inc. Eastern Medical Transport Medical Transport, Inc. Nightingale Regional Air Ambulance Norfolk Fire and Paramedical Services Virginia Medical Wheelchair Transport PLANNING PLANNING BY CONSENT - To be determined during the Agenda Review Session. Application of BROWN BUILDING CORPORATION for the Modification of Proffers placed on the July 13, 1993, approved application of Roda Associates for a Conditional Change of Zoning District Classification from R-5D to Conditional B-2 at 4847 Dolton Drive (KEMPSVILLE - DISTRICT 2) Recommendation: APPROVAL Application of MILTON PALMER for an expansion of a non-conforming use to reconstruct and enlarge the existing non-conforming dwelling at 309 Shipps Lane, containing 9,900 square feet (LYNNHAVEN - DISTRICT 5) Recommendation: APPROVAL Application of GALE LEVINE for a Conditional Use Permit for boat storage on the east side of North Great Neck Road, south of Lynnhaven Drive (2100 Marina Shores Drive), containing 12.4145 acres (LYNNHAVEN - DISTRICT 5). Deferred: Deferred: February 8, 2000 March 14, 2000 Recommendation: APPROVAL Application of HAMPTON ROADS FUNDRAISING FOUNDATION, INC., for a Conditional Use Permit for an indoor recreational facility (multi-recreational meeting a~d bingo hall) on the east side of Sonth Military Highway, north of Providence Road (964 South Military Highway), containing 6.075 acres (CENTERVILLE - DISTRICT 1) Recommendation: APPROVAL Application of ENTERPRISE RENT-A-CAR for a Conditional Use Permit for a car rental establishment on the south side of Virginia Beach Boulevard, east of Groveland Road (3269 Virginia Beach Boulevard), containing 22,259.16 square feet (ROSE HALL - DISTRICT 3) Recommendation: APPROVAL MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 13, 2000 Councilman John A. Baum called to order the CITY MAN,4GER'S BRIEFING re C S B RECOVERY CENTER in the Council Conference Room, City Hall Building, on Tuesday, June 13, 2000, at 11:00 A.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Margaret L. Eure , Barbara M. Henley, Louis R. Jones, Reba S. McClanan and Nancy K. Parker Council Members Absent: Mayor Meyera E. Oberndorf Vice Mayor William D. Sessotns, Jr. William W. Harrison, Jr. A. M. "Don" Weeks [ENTERED: I 1:50 A.M.] [ENTERED: 11:22 A.M.] [ENTERED: 11:28 A.M.] Robert C. Mandigo, Jr., Councilman-Elect, Kempsville - District No. 2 and Rosemary Wilson, Council Lady - Elect, At Large, were present for both the Informal and Formal Sessions. CITY 2 MANAGER'S BRIEFING C S B RECOVERY CENTER 11:00 A.M. ITEM # 46708 Dr. Terry denkdns, Director - Community Services Board presented information relative the location of the Community Services Board Recovery Center. Dr. denldns introduced Everett Herndon, Public Worm and Members of the Community Services Board in attendance: Priscilla Beede William J Brunke Paul J. Lanteigne In May 1999, City Council approved the inclusion of the Recovery Center Project in the Capital Improvement Program Budget in the amount of $1.25-MILLION. The building was estimated to be approximately 7, 000 square feet and would provide services to 20 individuals at-one-time. At the time, the budget was approved, City staff was requested to consider a variety of alternatives for potential locations. Several different alternatives have been considered in terms of the needs of the clientele as well as program compatibility with neighborhoods and co-location potentials with other services. The Community Services Board recommends the old Seatack Elementary School as the location of the Recovery Center. The Law Enforcement Academy is presently located within the School. During evaluation of this alternative, the following advantages were determined: Proximity to the Second Precinct (many referrals to the Recovery Center are from the Second PrecincO. Compatible with the co-location of the Law Enforcement Academy Proximity to the Emergency Medical Services Allow usage of City owned land Building could be constructed on the south side of the building and allow appropriate access, as well as independent from the actual Law Enforcement Academy. Everett Jordan advised if City Council approve, a design contract will be completed within approximately one month. The design would entail approximately six (6) months plus three (3) months for awarding a construction contract with approximately one year to build. Therefore, it would be approximately two (2) years before they could move into the facility. The oM Seatack Elementary School is being leased from Schools for twenty (20) years. Dr. Jenkins advised the Community Services Board has been consulting with the Beach Health Clinic relative a variety of possibilities concerning additional space. In reviewing the demographics of the Health Clinic, Dr. Jenkins believed they were more interested in being more centrally located. The Clinic is estimating the need for between 5,000 and 6,000 square feet. The Community Services Board and the Health Department will continue to work with the Beach Health Clinic to attempt to find another location. BY CONSENSUS, the staff shall move forward with the recommended location of the Recovery Center. dune 13, 2000 -3- ITEM # 46709 Councilman Baum called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, June 13, 2000, at 11.'18 P.M. Council Members Present: dohn A. Baum, Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Reba S. McClanan and Nancy K. Parker Council Members Absent: William W. Harrison, Jr., Mayor Meyera E. Oberndorf, A. M. "Don" Weeks and Vice Mayor William D. Sessorns, Jr. June 13, 2000 -4- ITEM # 46710 Councilman Baum 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 MATTER& 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). Boards and Commissions: Beaches and Waterways Commission Community Review and Allocation Board Hampton Roads Planning District Commission Minority Business Council Personnel Board Social Services Board Towing Advisory Board Virginia Beach Community Development Corporation Annual Review of Council Appointees. PUBLICLY-HELD PROPERTY: Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly-heM real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.1-344(A)(3). To-Wit Acquisition - Centerville District Princess Anne District LEGAL MA TTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, where such consultation or briefing in open meetings would adversely affect the negotiating or litigatingposition of the public body and consultation with legal counsel employed or retained by a public body regarding specific matters requiring the provision of legal advice by such counsel pursuant to Section 2.1-344(A)(7). Property Acquisition - Centerville District Property Zoning Status - Princess Anne District Upon motion by Councilman Jones, seconded by Councilman Branch, City Council voted to proceed into CLOSED SESSION. Voting: 7-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R. done& Reba S. McClanan and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: William ~. Harrison, Jr., Mayor Meyera E. Oberndorf, A. M. "Don" Weeks and Vice Mayor William D. Sessoms, Jr. (Time of Closed Session: 11:18 A.M. to 1:42 P.M.) June 13, 2000 -5- ITEM # 46711 Mayor Meyera E. Oberndorf RECONVENED the AGENDA REVIEW SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, June 13, 2000, at 1.'42 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 and Vice Mayor William D. Sessoms, Jr. Council Members Absent: A. M. "Don" Weeks June 13, 2000 -6- CERTIFICATION OF CLOSED SESSION ITEM t4 46712 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, IIL Margaret L. Eure, William W. Harrison, dr., Barbara M. Henley, Louis R. done& Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: A. M. "Don" Weeks June 13, 2000 -7- AGENDA RE VIEW SESSION 1:42 P.M. ITEM # 46713 1. 1. Ordinances to AMEND the City Code: 3g 7-50 by ADDING a provision re operation offour- wheeled bicycles in the Resort Area. Council Lady Parker inquired relative the issuance of tickets for violation of this' Ordinance. The City Manager advised he believed the police would first warn the individuals. All of the rental facilities will be requested to advise the four-wheeled bicycle renters of the rules and regulations These rules shall be posted on the bicycles. The City Attorney distributed a Corrected Ordinance. Lines 34-37 of the Ordinance had been inadvertently omitted. ITEM # 46714 I. 1. Ordinances to AMEND the City Code: 3g 35-4 by establishing a date by which tax returns for personal property and machinery and tools must be filed and providing civil and criminal penalties for failing to file such returns or filing false returns. The City Attorney advised the Commissioners of the Revenue from the various Cities have requested this Amendment. The City Code currently does not provide a specific date for taxpayers to file returns for personal property and machinery and tools. Traditionally, the deadline has been February 1. At present, the City Code does not address the issues of failing to file a return or filing a false return. The proposed new date of March First will be uniform with the majority of other Hampton Roads jurisdictions (Norfolk, Portsmouth Chesapeake, Newport News Hampton). ITEM # 46715 1.6. Ordinance to establish the VIRGINIA BEACH ADVERTISING (Tourism) AGENCY SELECTION COMMITTEE re RFP for advertising and public relations services prepared by City staff; to review and evaluate proposals received in response to the RFP; select and recommend to City Council an agency to provide advertising and public relations services to the City beginning danuary 1, 2001; and, this Committee shall automatically dissolve upon the City awarding the contract. The City Manager advised Council Lady Parker the RFP's lead time varies in terms of the complexity of the issue. Copies of the recipients of the RFP's and the lead time will be provided. ITEM # 46716 B Y CONSENSUS, the following items shall compose the CONSENTAGENDA: ORDINANCES I. 1. Ordinances to AMEND the City Code: a ADDING new Article VIII to AMEND Chapter 6 re Beaches and Waterways Advisory Commission increasing the membership from seven to eleven. b. 3g 7-50 by ADDING a provision re operation of four- wheeled bicycles in the Resort Area. 3g 35-4 by establishing a date by which tax returns for personal property and machinery and tools must be filed and providing civil and criminal penalties for failing to file such returns or filing false returns. ~lune 13, 2000 -8- 1.2. 1.3. 1.5. 1.6. L7. AGENDA RE VIEW SESSION 1:42 P.M. ITEM # 46716 (Continued) Ordinance to ACCEPT and APPROPRIATE $53,366 from the federal government's Universal Service Fund to the FY 2000 Operating Budget of the Department of Public Libraries re completion of the Internet Access project to provide public access to the Internet in all public libraries; and, estimated revenue be increased accordingly. Ordinance to .4 CCEPTand .4PPROPRIA TE $247, 814 in additional state revenues re salary and operating expenses for eight (8) new positions; TRANSFER $66, 790from the General Fund Reserve for Contingencies to provide the City's match to the FY 2001 Operating Budget of the Sheriff's Office re additional provisions; and, estimated revenue from the Commonwealth be increased accordingly. Ordinance to APPROPRIATE $22,400 in estimated revenue from admissions to the Adam Thoroughgood House; and, TRANSFER $67, 560from the General Fund to the FY 2001 Operating Budget of the Department of Museums and Cultural Arts re operation of the Adam Thoroughgood House effective July 1, 2000. Ordinance to TRANSFER $1,100,000 between various school capital projects in the Capital lmprovement Project (CIP) approved by City Council on May 9, 2000, re additional funding for renovations and replacement of playground equipment; W. T. Cooke Elementary School; and, Woodstock Elementary School Modernizations. Ordinance to establish the VIRGINIA BEACH ADVERTISING (Tourism) AGENCY SELECTION COMMITTEE re RFP for advertising and public relations services prepared by City staff; to review and evaluate proposals received in response to the RFP; select and recommend to City Council an agency to provide advertising and public relations services to the City beginning January 1, 2001; and, this Committee shall automatically dissolve upon the City awarding the contract. .4nnual permit renewals for area private, municipal and non-profit Emergency Medical Services (EMS) organizations: Advanced Wheelchair Transport, Inc. Al's Wheelchair Transportation Chesapeake Fire Department Children 's Hospital of the Kings Daughters DOCC Transportation, Inc. Eastern Medical Transport Medical Transport, Inc. Nightingale Regional Air Ambulance Norfolk Fire and Paramedical Services Virginia Medical Wheelchair Transport June 13, 2000 -9- AGENDA RE VIEW SESSION ITEM # 46 717 Application of MIL TON PALMER for an expansion of a non-conforming use to reconstruct and enlarge the existing non-conforming dwelling at 309 Shipps Lane, containing 9, 900 square feet (L YNNHA VEN- DISTRICT 5) Council Lady McClanan will vote a VERBAL NAY on this item. ITEM # 46718 Application of GALE LEVINE for a Conditional Use Permit for boat storage on the east side of North Great Neck Road, south of Lynnhaven Drive (2100 Marina Shores Drive), containing 12.4145 acres (L YNNHA VEN- DISTRICT 5). Council Lady McClanan expressed concern relative this item and why this did not have to be heard before the Wetlands Board. Councilman Harrison advised he had received correspondence from citizens relative construction of piers; however, to his knowledge there is no pier proposed This is the conversion of some existing space into boatel space and the addition of the existing boatel. There is no waterfront construction to take place. This item will be discussed during the Formal Session. ITEM # 46719 J. 7. Application of DANIEL POSTON, RAYMOND HOGAN, HOG-POST L.L.C. for a Conditional Use Permit for motor vehicle repairs and truck rentals on the east side of First Colonial Road beginning at a point 220feet more or less north of Virginia Beach Boulevard, containing 41, 774 square feet (BEACH - DISTRICT 6) Council Lady McClanan expressed concern. Councilman Harrison inquired if the number of truck rentals would be increased. Stephen White - Planning, referenced Page 11-9 of the Agenda depicting the site plan. The rental area is indicated by a "dashed line" on the right hand of the page. This area is in the rear of the site and adjacent to the neighborhood. Up until now the applicant had been keeping the trucks away from the neighborhood Council Members Harrison and McClanan will each vote a VERBAL NAY. Council Lady Eure advised the applicant was concerned relative City Council's previous comments and adhered to Council Lady Eure's suggestions relative keeping the appearance of the building spotless. ITEM # 46720 Application of LOCO L.L.C. t/a LUNASEA CANTINA MEXICALI for a Conditional Use Permit for a recreational facility of an outdoor nature (volleFball court) on the south side of 22"a Street, lOO feet west of Atlantic Avenue (206 22"a StreeO, containing 7, O00 square feet (BEA CH - DISTRICT 6) Councilman Branch advised this will be discussed during Formal Session relative the removal o fa condition relative the serving of alcohol: (1) No alcoholic beverages shall be allowed outside of the existing building in the rear of the property. June 13, 2000 -lO- AGENDA RE VIEW SESSION ITEM # 46721 B Y CONSENSUS, the following items shall compose the CONSENTAGENDA: Application of BR 0 YeN BUILDING CORPORA TION for the Modification of Proffers placed on the July 13, 1993, approved application of Roda Associates for a Conditional Change ofZoning District ClassOqcation from R-SD to Conditional B-2 at 4847 Dolton Drive (KEMPSVILLE - DISTRICT 2) Application of MIL TON PALMER for an expansion of a non-conforming use to reconstruct and enlarge the existing non-conforming dwelling at 309 Shipps Lane, containing 9, 900 square feet (L YNNHA VEN- DISTRICT 5) Application of HAMPTON ROADS FUNDRAISING FOUNDATION, INC.,for a Conditional Use Permit for an indoor recreationa( facilitv (multi-recreational meeting and bingo hall) on the east side of South Military Highway, north of Providence Road (964 South Military Highway), containing 6.075 acres (CENTERVILLE - DISTRICT 1) Application of ENTERPRISE RENT-A-CAR for a Conditional Use Permit for a car rental establishment on the south side of Virginia Beach Boulevard, east of Groveland Road (3269 Virginia Beach Boulevard), containing 22,259.16 square feet (ROSE HALL DISTRICT 3) Application of KEMPSVILLE MENNONITE CHURCH for a Conditional Use Permit for a church and school expansion (gymnasium) on the south side of North Landing Road, east of Two Farms Lane (3261 North Landing Road), containing 4.36 acres (PRINCESS ANNE- DISTRICT 7) Application of DANIEL POSTON, RAYMOND HOGAN, HOG-POST L.L.C. for a Conditional Use Permit for motor vehicle repairs and truck rentals on the east side of First Colonial Road beginning at a point 220feet more or less north of Virginia Beach Boulevard, containing 41,774 square feet (BEACH - DISTRICT 6) Application of VIRGINIA METRONET, INC., d/b/a ALLTEL Communications, Inc., for a Conditional Use Permit for a communications tower located 400feet more or less east of Indian River Road beginning at a point 1 O0 feet more or less south of Eddystone Drive, containing 4,200 square feet of a 12.9 acre site (CENTERVILLE - DISTRICT 1) June 13, 2000 -ll- AGENDA RE VIE W SESSION ITEM # 46721 (Continued) J. lO Applications of TRAMMELL CROW BTS, INC, a Delaware Corporation for Merchant's Tire and Auto Center for an automobile repair establishment on the east side of Independence Boulevard beginning at a point 659 feet more or less north of Wishart Road, containing 2.2 733 acres (BA YSIDE- DISTRICT 4): Change of Zoning Residential District Business District. District Classification from R-15 to Conditional B-2 Community Conditional Use Permit for auto repair. Vice Mayor Sessoms will ABSTAIN on Item 4. Council Lady McClanan will vote a VERBAL NA Y on Item 2 and 7. Councilman Harrison will vote a VERBAL NAY on Item 7. June 13, 2000 - 12- CITY COUNCIL COMMENTS 1:52 P.M. ITEM # 46 722 Council Lady Eure referenced the newspaper article relative the possible study of the Dome site and advised she and Councilman Branch were Council Member Liaisons of the Pavilion Expansion Committee. Council Lady Eure inquired if this would be in the purview of the existing committee. This is a conflict and causes Council Lady Eure concern. Councilman Branch referenced the Pavilion Expansion Committee is addressing this site by examining alternatives. He did not believe this Committee was limited to solely examining expanding the existing building. The Committee Chairman is considering appointing a committee to review all issues. Mayor Oberndorf referenced her conversation with Chairman Goodman, who relayed his enjoyment of serving on this Committee, but was also interested in reviewing alternatives. ITEM # 46 723 Councilman Branch advised he had submitted for City Council's perusal an Ordinance Amendment on parking lots. He will not be requesting this item be placed on the City Council's Agenda, as in discussion with various members of City staff it has been determined that the entire ordinance is in need of a comprehensive review. This proposed ordinance addressed temporary parking lots. Unfortunately, the problem is these lots are not temporary, they continue to be in existence. Councilman Branch requested the City Manager and City Attorney have staff compile an inventory of the parking lots in the Beach District, the status, compliance with City Codes and forward for the review of the Resort Advisory and Planning Commissions. The Commissions will review landscaping, hours of operation, maintenance and other issues. All information will be forwarded to the City Council. June 13, 2000 -13- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL June 17, 2000 2:00 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, June 13, 2000, at 2:00 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 and Vice Mayor William D. Sessoms, Jr. Council Members Absent: A. M. "Don" Weeks INVOCATION: Reverend dames R. Wolfeale Atlantic Shores Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Wachovia Bank, disclosed he was ABSTAINING on Item J. 4. (HAMPTON ROADS FUNDRAISING FOUNDATION, INC.) and there were no other matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Wachovia Bank. The Vice Mayor regularly makes this Disclosure as he may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of January 4, 2000, is hereby made a part of the record. June 13, 2000 Item V-E. -14- CERTIFICATION OF CLOSED SESSION ITEM # 46724 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, William ~. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members ,4bsent: ,4. M. "Don" Weeks June 13, 2000 CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM it 46710, Page 4, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting 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. Rtl'th Ho~tges S~nith,"MMC City Clerk June 13,2000 - 15- Item V-F. 1. MINUTES ITEM # 46725 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Eure, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of June 6, 2000. Voting: 10-0 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 and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: A. M. "Don" Weeks June 13, 2000 Item V-G. ADOPT AGENDA FOR FORMAL SESSION -16- ITEM # 46726 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION June 13, 2000 V-H. 1. -17- MA YOR 'S PRESENTATION Mayor Oberndorf introduced: ITEM # 4672 7 Miss Virginia Beach Felicia Hocker PreTeen Miss Virginia Beach Elizabeth Hiltz Little Miss Virginia Beach Brandi Gilbert Teen Miss Virginia Beach Kristina Lawrence (was unable to be in attendance) The Mayor presented each with tokens of appreciation from the City. The Mayor recognized Polly Pierce, who for many years has been the sponsor and chaperone of all these beautiful ladies. She has shepherded all through their Miss Virginia experience. Miss Virginia Beach, Felicia Diana Hocker, is a senior at Cox High School. Her platform is Sexual Abstinence. She will attend Old Dominion University in the Fall. Ms. Hocker introduced her parents. June 13, 2000 - 18- Item 1/- L1 ORDINANCES ITEM # 46 728 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED IN ONE MOTION, ORDINANCES 1 a/b/c, 2, 3, 4, 5, 6 and 7 of the CONSENTAGENDA. Voting: 10-0 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 and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: A. M. "Don" Weeks June 13, 2000 - 19- Item V- I.l.a. ORDINANCES ITEM # 46 729 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to AMEND the City Code ADDING new Article VIII to AMEND Chapter 6 re Beaches and Waterways Advisory Commission increasing the membership from seven to eleven. Voting: 10-0 (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 and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: A. M. "Don" Weeks June 13, 2000 1 Requested by Vice-Mayor William D. Sessoms, Jr. 2 3 4 5 6 7 AN ORDINANCE TO ADD A NEW ARTICLE VIII TO CHAPTER 6 OF THE CITY CODE PERTAINING TO THE BEACHES AND WATERWAYS ADVISORY COMMISSION AND TO INCREASE THE MEMBERSHIP OF THE COMMISSION FROM SEVEN TO ELEVEN 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 WHEREAS, by ordinance adopted May 23, 2000 (Ordinance No. 2583), City Council established the Beaches and Waterways Advisory Commission (~Commission"); WHEREAS, the ordinance provides that "the Commission shall be comprised of seven 7) members, with one (1) member being appointed by City Council from the residents of each of the City's seven (7) election districts"; WHEREAS, City Council desires to increase the membership of the Commission to eleven (il)members, with the additional four (4) members being appointed by City Council from the City at large; and WHEREAS, it is also recommended that the provisions of the original ordinance, which was a free-standing ordinance, be incorporated into the City Code. 22 23 24 25 26 27 28 29 3O 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Code of the City of Virginia Beach is hereby amended and reordained by adding a new Article VIII to Chapter 6 thereof to read as follows: ARTICLE VIII. BEACHES AND WATERWAYS ADVISORY COMMISSION Sec. 6-161. Established. There is hereby established the Beaches and Waterways Advisory Commission. 33 34 35 36 37 38 39 4O 41 42 43 44 45 Sec. 6-162. Composition; terms of members. (a) The Commission shall be comprised of eleven (11) members, with one (1) member being appointed by City Council from the residents of each of the City's seven (7) election districts, and four (4) members being appointed by City Council from the residents of the City at large. (b) The initial terms of two (2) at-large members and the members appointed from the Bayside, Beach and Centerville districts shall be for three (3) years; the initial terms of one (1) at-large member and the members appointed from the Kempsville and Lynnhaven districts shall be for two (2) years; and the initial terms of one (1) at-large member and the members appointed from the Princess Anne and Rose Hall districts shall be for one (1) year. 46 47 48 49 5O 51 52 53 54 55 56 57 58 Thereafter, the terms of all members shall be for three (3) years. Sec. 6-163. Purpose. The purpose of the Commission shall be to serve in an advisory capacity to City Council with respect to beach and waterways-related issues. Specifically in furtherance of said purpose, it shall be the responsibility of the Commission: (a} To review issues referred to it by City Council concerning access to, and the preservation, development and use of, the City's beaches and waterways, and to make recommendations to City Council regarding such issues; and (b) To serve as the City's local erosion advisory commission and carry out the responsibilities imposed on such local commissions pursuant to Section 10.1-711 of the Code of Virginia. 2 59 60 61 62 63 64 65 66 67 68 Sec. 6-164. Bylaws. The Commission shall be qoverned by its bylaws as approved by City Council on May 23, 2000. Such bylaws may be amended, from time to time, as necessary; provided, however, that no such amendment shall be effective without the prior consent of City Council. Sec. 6-165. Termination. The Commission shall terminate automatically at midniqht on June 30, 2005, unless it is terminated or extended by City Council prior to that date. 69 70 Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day of June , 2000. CA-7745 ORDIN~NONCODE~Beaches & Waterways Comm. Ord2 RI June 7, 2000 - 20 - Rem V- Ll.b. ORDINANCES ITEM # 46730 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED, AS CORRECTED*: Ordinance to AMEND the City Code~ 7-50 by ADDING a provision re operation o flour-wheeled bicycles in the Resort Area. *Lines 34-3 7 of the Ordinance had been inadvertently omitted. Voting: 10-0 (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 and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: A. M. "Don" Weeks June 13, 2000 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 AN ORDINANCE TO AMEND SECTION 7-50 OF THE CITY CODE BY ADDING A PROVISION PERTAINING TO THE OPERATION OF FOUR-WHEELED BICYCLES IN THE RESORT AREA SECTION AMENDED: § 7-50 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 7-50 of the City Code is hereby amended and reordained to read as follows: Sec. 7-50. Riding bicycles and mopeds on roadways and bicycle paths. (a) Any person operating a bicycle or moped upon a roadway shall ride as close as practicable to the right-hand curb or edge of the roadway, except under any of the following circumstances: (1) When overtaking and passing any vehicle proceeding in the same direction; (2) When preparing for a left turn at an intersection or into a private road or driveway; and (3) When reasonably necessary to avoid conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, pedestrians, animals, surface hazards, or substandard width lanes that make it unsafe to continue along the right-hand curb or edge. For purposes of this section, a "substandard width lane" is a lane too narrow for a bicycle or moped and another vehicle to pass safely side by side within the lane. (b) Persons riding bicycles upon a highway shall not ride two (2) or more abreast except on paths or parts of highways set aside for the exclusive use of bicycles. (c) The city manager may designate a lane for the exclusive use of bicycles and mopeds. A motor vehicle may enter or cross this lane for the purpose of access to adjacent property, but a motor vehicle shall not be driven or parked in this lane. 34 35 36 37 38 39 4O 41 42 43 44 45 46 (d) Notwithstanding the foregoing provisions, during the period of April 15 through September 30, it shall be unlawful for any person to operate a moped on Atlantic Avenue, or a four-wheeled bicycle on Atlantic Avenue, Pacific Avenue, or side streets east of Pacific Avenue, from Rudee Inlet to 42nd Street ~-'-~-- ~ .... ~-~ of April ~ = ~ ..... ~ ° ..... ~-~ ~ ~-~'~ (e) The provisions of subsection (d) of this section shall not be applicable to (i) any police officer or other city employee operating a moped in the performance of official duties, or (ii) any person operating a moped for the purpose of traveling to or from his or her place of employment via the most direct route, or (iii) any person walking (but not riding) a rental moped or four- wheeled bicycle from the business at which it was rented to an area 47 48 49 50 51 52 53 54 55 56 where its operation is permissible, and from any such area back to such business, via the most direct route. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 13th day of 3une , 2000. CA-7644 DATA/ORDIN/PROPOSED/07-050ord.wpd R5 May 31, 2000 2 - 21 - Item V- I.l.c. ORDINANCES ITEM # 46731 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to AMEND the City Code ~ 35-4 by establishing a date by which tax returns for personal property and machinery and tools must be filed and providing civil and criminal penalties for failing to file such returns or filing false returns. Voting: 10-0 (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 and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: A. M. "Don" Weeks June 13, 2000 1 2 3 4 5 6 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 BY ESTABLISHING A DATE BY WHICH TAX RETURNS FOR PERSONAL PROPERTY ANDMACHINERYAND TOOLS MUST BE FILED AND PROVIDING CIVIL AND CRIMINAL PENALTIES FOR FAILING TO FILE SUCH RETURNS OR FILING FALSE RETURNS SECTION AMENDED: § 35-4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 35-4 of the City Code is hereby amended and reordained to read as follows: Sec. 35-4. Tax, valuation, etc., date for tangible personal property, machinery and tools; date for filinq returns; penalties. (a) Tangible personal property and machinery and tools, except as provided under section 35-6.1, shall be taxed as of January first of each year. The status of all persons, firms, corporations and other taxpayers liable to taxation on any such property shall be fixed as of such date in each year and the value of such property shall be taken as of such date. (b) (1) Every person owninq any tanqible personal property or machinery and tools on January first of any year shall file a return thereof with the commissioner (2) (3) of the revenue. With the exception of any person leasinq a motor vehicle that is subject to the tax imposed under Code of Virqinia ~ 58.1-2402, every person leasinq any tangible personal property or machinery and tools from the owner thereof on January first of any year shall file a return with the commissioner of the revenue when such property is located within. the city, giving the name and address of the owner. The returns required by (b) (1) and (b) (2) shall be filed on or before March first of each year. 35 The commissioner of the revenue may qrant a 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 6O 61 62 63 (c) (]_) reasonable extension of time, not to exceed ninety (90) days, for the filing of a return provided good cause exists. A record shall be kept by the commissioner of every such extension. If any taxpayer who has been qranted an extension of time for filing a return fails to file such return within the extended time, such taxpayer shall be treated as if no extension was qranted. If a return for tanqible personal property, includinq machinery and tools, is not filed on or before the due date set forth in subsection (b) (3) above, there shall be added a penalty in the amount of ten percent (10%) of the tax assessable on such return or ten dollars ($10.00), whichever is qreater; provided, however, that the penalty shall in no case exceed the amount of the tax assessable. Such penalty shall not be assessed until the day after the return is due. Any such penalty, when assessed, shall become part of the tax. No penalty for failinq to file a return shall be assessed if such failure was not the fault of the taxpayer or was the fault of the commissioner of the revenue. The commissioner of the revenue shall make determinations of fault relatinq to failure to file a return. The failure to file a return due to the death of the taxpayer or a medically determinable physical or mental impairment suffered by the taxpayer on the date the return is due, 64 65 66 ~8 7O 71 72 73 74 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 9O 91 92 93 shall be presumptive proof of lack of fault on the taxpayer's part, provided the return is filed within thirty (30) days of the due date~ however, if there is a committee, leqal guardian, conservator or other fiduciary handlinq the taxpayer's affairs, such return shall be filed within one hundred twenty (120) days after the fiduciary qualifies or begins to act on behalf of the taxpayer. Any such fiduciary shall, on behalf of the taxpayer, by the due date, file any required returns which come due after the one hundred twenty (120) day period. (d) A willful failure or refusal to file any return required by this section, as well as the act of making false statements with intent to defraud in any such return, shall be unlawful. Such an offense shall be punished as a Class 3 misdemeanor if the amount of the tax lawfully assessed in connection with the return is one thousand dollars ($1,000.00) or less, and as a Class 1 misdemeanor if the amount of the tax lawfully assessed in connection with the return exceeds one thousand dollars ($1,000.00). BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be January 1, 2001. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 13th day of June , 2000. CA-7561 DATA/ODIN/PROPOSED/35-004ord.wpd R9 JUNE 2, 2000 - 22 - Item V- L2. ORDINANCES ITEM # 46 732 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $53,366from the federal government's Universal Service Fund to the FY2000 Operating Budget of the Department of Public Libraries re completion of the Internet Access project to provide public access to the Internet in all public libraries; and, estimated revenue be increased accordingly. Voting: 10-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, dr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: A. M. "Don" Weeks June 13, 2000 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 AN ORDINANCE TO ACCEPT AND APPROPRIATE $53,366 FROM THE FEDERAL GOVERNMENT TO THE FY 2000 OPERATING BUDGET OF THE DEPARTMENT OF PUBLIC LIBRARIES FOR COMPLETION OF THE INTERNET ACCESS PROJECT. WHEREAS, the Department of Libraries has received $53,366 in unanticipated revenue from the federal government's Universal Service Fund during FY 2000, and it requests that these funds be appropriated for the purchase of supplies, wiring and contractual services necessary to provide public access to the Internet in all public libraries. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $ 53,366 is hereby accepted from the federal government's Universal Service Fund and appropriated to the FY 2000 Operating Budget of the Department of Libraries for the purchase of supplies, wiring and contractual serviCes necessary to provide public access to the Internet in all public libraries. 2. That estimated revenue from the federal government is hereby increased by $53,366. 22 23 24 25 Adopted by the Council of the City of Virginia Beach, Virginia, on the 13 day of 3une , 2000. Requires an affirmative vote by a majority of the members of City Council. 26 27 28 29 30 31 32 33 CA7733 F:~Data~ATY~Ordin\NONCODE[E Rate.ord.wpd June 5, 2000 R-3 Approved As to Content: Approved As To Legal Sufficiency: - 23 - Item V- L 3. ORDINANCES ITEM # 46 733 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $247,814 in additional state revenues re salary and operating expenses for eight (8) new positions; TRANSFER $66, 790 from the General Fund Reserve for Contingencies to provide the City's match to the FY 2001 Operating Budget of the Sheriff's Office re additional provisions; and, estimated revenue from the Commonwealth be increased accordingly. Voting: 10-0 (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 and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: A. M. "Don" Weeks June 13, 2000 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 AN ORDINANCE TO ACCEPT AND APPROPRIATE $247,814 IN ADDITIONAL STATE REVENUES, AND TO TRANSFER $66,790 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES, TO THE SHERIFF'S 2001 OPERATING BUDGET TO PROVIDE EIGHT NEW POSITIONS APPROVED BY THE COMPENSATION BOARD. WHEREAS, the State Compensation Board has authorized eight (8) additional positions in the Correctional Center to address increased needs, which will cost $314,604, of which $247,814 will be reimbursed to the City by the State Compensation Board and $66,790 will be funded by the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $247,814 from the Commonwealth of Virginia is hereby accepted and appropriated to the Sheriff's Department's FY 2001 Operating Budget for the purpose of funding salary and operating expenses for eight (8) new positions. 2. That $66,790 is hereby transferred from the FY 2001 General Fund Reserve for Contingencies to the Sheriff's Department's FY 2001 Operating Budget to provide the City's match for the eight (8) new positions. 3. That estimated revenue from the Commonwealth is hereby increased by $247,814. 4. This ordinance shall be effective on July 1, 2000. 27 28 29 30 Adopted by the Council of the City of Virginia Beach, Virginia, on the 13 day of June , 2000. Requires an affirmative vote by a majority of the members of City Council. 31 CA-7736 DATA\ORDIN~NONCODE~SHERIFF POSITIONS.ORD R3 JUNE 5, 2000 Approved As to Content: Approved As To Legal Sufficiency: ~~Management~ City Attorn~' s of~iZ~ce' Sheriff and Corrections (FY 2000-2001) State Compensation Board Approved Positions Amount Per Position III Five EC 7 Positions Salary 22,595 FICA Including Medicare 1,883 Retirement 3,202 Life Insurance 163 Health Insurance 2,280 Salary Supplement 2,020 Police Supplies 1,200 Uniforms *** 1,600 Protective Apparel 985 Total for Deputies Total Funding State All Positions Portion City Portion 112,975 112,975 0 9,415 8,643 772 16,012 8,112 7,900 815 362 453 11,400 0 11,400 10,100 0 10,100 6,000 0 6,000 500 0 500 4,925 0 4,925 35,928 172,142 130,092 42,050 Two Secretary II Positions Salary 19,362 38,724 38,724 0 FICA Including Medicare 1,481 2,962 2,962 0 Retirement 2,519 5,038 2,780 2,258 Life Insurance 139 279 124 155 Health Insurance 2,280 4,560 0 4,560 Salary Supplement 41 82 0 82 Total for Secretary 25,822 51,645 44,590 7,055 One LIDS Technician C 9 Position Salary 26,995 26,995 26,995 0 FICA Including Medicare 2,220 2,220 2,065 155 Retirement 3,775 3,775 1,938 1,837 Life Insurance 194 194 86 108 Health Insurance 2,280 2,280 0 2,280 Salary Supplement 2,020 2,020 0 2,020 Police Supplies 1,200 1,200 0 1,200 Uniforms 1,600 1,600 0 1,600 Protective Apparel 985 985 0 985 Total for LIDS Technician Three - 800 MHZ Portable Radios Computer Equipment Grand Total 41,269 41,269 31,084 10,185 7,500 7,500 42,048 42,048 314,604 247,814 66,790 *** Sheriff's Off/ce absorbing the remaining $7,500 via other revenue resources. MA¥--25--00 12:06 PM V.~.SHERIFF$ OFFICE M~Y-e8-ee eB:2~ 75? 427 50~? 'l&oqus,t tm gKnblhh £~Si?KInlclan Poeltln. ~T ~: ~RT~CA~ON pOlf~on m~ be ~duce '+ · "~ ~r ~y 0~ ~ol]ow~g r~s: ifLh: ~cmJib~t u[~e pud~ofl fuih to attend Corn ens~ ' Bo~ spo~agd L~S ~a~(nG once ev~ 24 a[on~s as req~rad by ~e ~de of V{r~nin_ or ~r .......... Y ......... · . _ omcs~ ~o aceur~,~ or ffi~s ~ ~ ~t~f~cto~ audiz find~gs are not eo~cGtcd. ~~ ~~ SheriFf Frank Drew P.02 P 001 ?1 - 24 - Item V- L 4. ORDINANCES ITEM # 46 734 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to APPROPRIATE $22,400 in estimated revenue from admissions to the Adam Thoroughgood House; and, TRANSFER $67,560from the General Fund to the FY2001 Operating Budget of the Department of Museums and Cultural Arts re operation of the Adam Thoroughgood House effective July 1, 2000. Voting: 10-0 (By ConsenO 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 and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: A. M. "Don" Weeks June 13, 2000 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 AN ORDINANCE TO APPROPRIATE $22,400 IN ESTIMATED REVENUE, AND TO TRANSFER $67,560 FROM THE GENERAL FUND RESERVES FOR CONTINGENCIES, TO THE FY 2001 OPERATING BUDGET OF THE DEPARTMENT OF MUSEUMS AND CULTURAL ARTS TO CONTINUE OPERATION OF THE ADAM THOROUGHGOOD HOUSE WHEREAS, the City of Norfolk and the City of Virginia Beach have agreed to extend the original contract to allow the City of Virginia Beach to operate and manage the Adam Thoroughgood House; and WHEREAS, funding for the continued operation of the Adam Thoroughgood House is available in the FY 2001 General Fund Reserve for Contingencies and from the collection of admissions into the Adam Thoroughgood House. 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $22,400 of estimated revenue from admissions into the Adam Thoroughgood House is hereby appropriated to the FY 2001 Operating Budget of the Department of Museums and Cultural Arts for the purpose of continuing to operate the Adam Thoroughgood House. 2. That $ 67,560 is hereby transferred from the FY 2001 General Fund Reserve for Contingencies to the FY 2001 Operating Budget of the Department of Museums and Cultural Arts for the purpose of continuing to operate the Adam Thoroughgood House. 3. This ordinance shall be effective on July 1, 2000. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13 day of 3une , 2000. CA7729 F: ~Data\ATY\Ordin~NONCODE[adam thoroughgood hs. ord. wpd June 5, 2000 R-2 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: - 25 - Item V- 1.5. ORDINANCES ITEM # 46735 Upon tnotion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to TRANSFER $1,100,000 between various school capital projects in the Capital Improvement Project (CIP) approved by City Council on May 9, 2000, re additional funding for renovations and replacement of playground equipment; W. T. Cooke Elementary School; and, Woodstock Elementary School Modernizations Voting: 10-0 (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 and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: A. M. "Don" Weeks June 13, 2000 1 2 3 4 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 AN ORDINANCE TO TRANSFER $1,100,000 BETWEEN VARIOUS SCHOOL CAPITAL PROJECTS TO PROVIDE ADDITIONAL FUNDING REQUIRED FOR RENOVATIONS & REPLACEMENT PLAYGROUND EQUIPMENT AND SCHOOL MODERNIZATIONS WHEREAS, recent bids received by the School Division have indicated a need for additional funding in the following Capital Improvement Projects: Renovations & Replacement-Playground Equipment (CIP #1.200) W.T. Cooke Elementary School Modernization (CIP #1.202) Woodstock Elementary School Modernization (CIP #1.217) $ 125,000 $ 100,000 $ 875,000 Total $ 1,100,000 WHEREAS, a total of $1,100,000 of surplus appropriations exist that can be transferred to the above-referenced School projects, with $750,000 in surplus appropriations that can be transferred from the Indoor Air Quality Improvements Capital Improvement Project (CIP #1.063), and $350,000 that can be transferred from surplus appropriations available in the Shelton Park Elementary School Modernization (CIP #1.215) Capital Improvement Project; and WHEREAS, the School Board on June 6, 2000 authorized a request for the City Council to transfer these surplus appropriations to the above-referenced projects that require additional funding. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $750,000 is hereby transferred from the Indoor Air Quality Improvements Project (CIP #1.063) and $350,000 is hereby transferred from Shelton Park Elementary School Modernization 33 34 Project (CIP #1.215) to the following Capital Improvement Projects to provide additional construction funding as set forth below: 35 36 37 38 39 40 41 Renovations & Replacement-Playground Equipment (CIP #1.200) W.T. Cooke Elementary School Modernization (CIP #1.202) Woodstock Elementary School Modernization (CIP #1.217) Total $ 125,000 $ 100,000 $ 875,000 $ 1,100,000 42 43 44 This ordinance shall be effective on July 1, 2000. Adopted by the Council of the City of Virginia Beach, Virginia, on the ]3 day of J, ne , 2000. 45 46 47 48 49 50 CA7739 F:\DatakATYkOrdinkNONCODEkplayground equip.ord.wpd June 7, 2000 R-3 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFF I C I ENCY: 51 52 53 Management City Attorney's Office iO:i0 ~'8D4 ~83 1213 FPC ~IIR(31NIA BEACH CITY PUBLIC SCHOOLS A~ EAD OF TH ~ CURVE Subject:_C_~.m.j.~ o_cO~L~_~ent Pro~ramLT~ rt.,get of Funds . Section: Cogent _ _ Prepared by: Anthony L, Aruold~ P,E ........ Presenter(s):. Anthony_L. Arnold,~.E ............ ..... ..~tt~m Number: 12.C... Date: June_fi, 2000 Recommendation: That the School Board adopt the attached resolution rcqumting that City Coundd approve the transfer of funds between several projects contained in the CIP approved by City Council on May 9, 2000. As a result of the recent bid opening for the Louise Luxford Elementary School Modernization project, the proposed transfer between Lux. ford (CIP 1-219) and Kempsville Meadows (CIP 1-218) has been removed. BaclqFo,md SummalT: City staff (Office of Managemerlt arid Budget) has agreed to process the proposed changes through City Council in an effort to have the modifications included in the final printed CIP. ~OLI~Ce: Capital Improvement Program Budget Impact: C~P 1-063 CIP 1-200 CIP 1-202 C~P 1-215 CIP 1-217 ~O0'd ~LS~ 9~ L~L:q3£ S391A~3S £1flflV ~I:9I (I~3)O0,[O-'NflP IRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE CAPITAL 13~ROVEMENT PROGRAM · TRANSFER OF FUNDS WHEREAS, the School Board adopted the 2000/01-2005/06 Capital Improvement Program (CIP) on February 15, 2000, and WHEREAS, the City Council adopted the 2000/01-2005/06 CIP on May 9, 2000, and WHEREAS, the Office of Facilities Planning & Construction has bid and awarded several CIP projects since the School Board adopted the CIP on February 15, 2000, and WHEREAS, transfers between capital projects are required in order to properly manage and complete the projects as proposed, now therefore be it RESOLVED: That the School Board requests that City Council approve the transfers outlined as follows: From Amount T__qo Cf? 14)63 Indoor Ak Quality Improvements CIP 1-063 Indoor Air Quality Improvements C12 1-063 Indoor Air Quality Improvements CIP 1-215 Shelton Park Elem. Modemi~fon $125,000 $100,000 $525,000 $350,000 ClP 1-200 Renovations & Replacement Playground Equip. C[P 1-202 W. T. Cooke Elem. Replacement C~ 1-217 Woodstock Elem. Modemlmfion CIP 1-217 Woodstock Elem. Modemimfion RESOLVED: That a copy of this resolution be delivered promptly to each member of City Council, the City Manager, and the City Clerk by the Clerk of the Board. Adopted by the School Board of the City of Virginia Beach June 6, 2000 SEAL Attest Dianne P. Alexander, Clerk of the Board School Administration Building · 2512 George Mason Drive · R O. Box 6038. Virginia Beach, VA 23456-0038 '" RGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE CAPITAL IMPROVEMENT PROGRAM · TRANSFER OF FUNDS WHEREAS, the School Board adopted the 2000/01-2005/06 Capital Improvement Program (CIP) on February 15, 2000, and WHEREAS, the City Council adopted the 2000/01-2005/06 CIP on May 9, 2000, and WHEREAS, the Office of Facilities Planning & Construction has bid and awarded several C[P projects since the School Board adopted the CIP on February 15, 2000, and WHEREAS, transfers between capital projects are required in order to properly nmnage and complae the projects as proposed, now therefore be it RESOLVED: That the School Board requests that City Council approve the Wansfers outlined as follows: From Amount T_..qo CI? 1-063 $125,000 Indoor Ak Quality Improvements CIP 1-063 $100,000 Indoor Ak Quality Improvements CIP 1-063 $525,000 Indoor Ak Quality Improvements C[P 1-215 $350,000 Shelton Park Elem. Modemimtion C[P 1-200 Renovations &Replaccment Playground Equip. CIP 1-202 W. T. Cooke Elem. Replacement CIP 1-217 Woodstock Elem. Modernization CIP 1-217 Woodstock Elem. ModemiT~tion RESOLVED: That a copy of this resolution be delivered promptly to each member of City Council, the City Manager, and the City Clerk by the Clerk of the Board. Adopted by the School Board of the City of Virginia Beach June 6, 2000 SEAL Attest Dianne P. Alexander, Clerk of the Board School Administration Building · 2512 George Mason Drive · R O. Box 6038 · Virginia Beach, VA 23456-0038 - 26- Item V- 1.6. ORDINANCES ITEM # 4673 7 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to establish the VIRGINIA BEACH ADVERTISING (Tourism) AGENCY SELECTION COMMITTEE re RFP for advertising and public relations services prepared by City staff' to review and evaluate proposals received in response to the RFP; ,select and recommend to City Council an agency to provide advertising and public relations services to the City beginning danuary 1, 2001; and, this Committee shall automatically dissolve upon the City awarding the contract. Voting: 10-0 (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 and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: A. M. "Don" Weeks June 13, 2000 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 AN ORDINANCE TO ESTABLISH THE VIRGINIA BEACH ADVERTISING AGENCY SELECTION COMMITTEE WHEREAS, the City's existing contract for advertising and public relations services, and all renewals thereof, expires on December 31, 2000; WHEREAS, by ordinance adopted July 11, 1995, City Council established an Advertising Agency Selection Committee, and appointed representatives of the City and the private sector to examine and evaluate proposals received in response to the City's RFP for advertising and public relations services; WHEREASr pursuant to that ordinance, the Committee automatically dissolved when the City awarded a contract for such services; WHEREAS, in the next several months, City staff will be drafting another RFP to solicit proposals from qualified agencies interested in providing such services to the City beginning January 1, 2001; and WHEREAS, the Department of Convention and Visitor Development has recommended that City Council establish a new Advertising Agency Selection Committee, comprised of designated City and private sector representatives, for the purpose of reviewing and approving the RFP prepared by staff, reviewing and evaluating proposals received in response to the RFP, and selecting and recommending to City Council an agency to provide advertising and public relations services to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That City Council hereby establishes the Virginia Beach Advertising Agency Selection Committee; 2. That the Committee shall be comprised of the following members: a. The Chair of the Resort Leadership Council or his designee; b. The President of the Virginia Beach Hotel and Motel Association or his designee; 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Co Association or his designee; d. The President Association or her designee; e. Museum Foundation, f. The President of the Virginia Beach Restaurant of the Resort Retailers The President of the Virginia Marine Science Inc., or his designee; The Director of the Department of Convention and Visitor Development; and g. The Director of the Department of Museums and Cultural Arts. 3. That the purpose of the Committee shall be to review and approve the RFP for advertising and public relations services prepared by City staff, to review and evaluate proposals received in response to the RFP, and to select and recommend to City Council an agency to provide advertising and public relations services to the City beginning January 1, 2001; and 4. That the Committee shall automatically dissolve upon the City's award of a new contract for the provision of advertising and public relations services to the City. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2000. CA-7723 ORDINkNONCODEkADVERTISE SELECT COMM.ORD R5 JUNE 2, 2000 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: C~-ty A-ttorney's Office Policy Report Advertising Agency Selection Process BACKGROUND The Department of Economic Development has maintained contracts for advertising and public relations services since 1972. Contracts were amended to include the Department of Convention and Visitor Development as a separate entity when it was established. Currently, a contract for advertising and public relations services for the Departments of Convention and Visitor Development, Economic Development, and the Department of Museums & Cultural Arts exists with the firm of Barker Campbell Farley and Mansfield. The existing contract expires on December 31, 2000. There are no remaining options for additional renewal of the existing contract. The Department of Economic Development has elected, on the recommendation of an independent consultant, not to be included in the new Advertising and Public Relations contract. Economic Development's consulting firm suggests a new marketing image for business attraction and relocation and to break away from an image of a tourist destination. With this recommendation in mind, the Department of Economic Development will be soliciting their own proposals for an advertising and public relations firm. In order to select and prepare competent advertising and public relations counsel by January 1, 2001, a process to select appropriate representation should commence presently. CONSIDERATIONS 1) Operational Considerations An informal RFP committee comprised of representatives of Convention and Visitor Development, Public Information, Museums, Finance/Purchasing and City Attorney will be formed to draft an RFP for services as outlined in the recommendations. 2) Legal Considerations The City Attorney's Office concurs with the departments' interpretation of state purchasing laws and policies and supports their findings, which indicate that while there is no requirement to do so, City Council may appoint an Advertising Agency Selection Committee. Further, § 2-451 of the Code of the City of Virginia Beach allows such short-term advisory agencies to be appointed by City Council, to be abolished when their mission is accomplished and their report filed with the City Clerk for distribution to City Council. 3) Budgetary Impacts and Considerations Fiscal year 00-01 budget appropriations for advertising, publicity and promotional materials will be disbursed through the existing accounts with Barker Campbell Farley & Mansfield for work done during the remainder of the calendar year, and to the agency(s) chosen by the Advertising Agency Selection Committee beginning January 1, 2001. No federal funding involved. ALTERNATIVE COURSES OF ACTION 1) Council appoints Advertising Agency Selection Committee: Council-appointed Advertising Agency Selection Committees have chosen the City's advertising and public relations agencies and/or determined to exercise options to renew existing contracts for the past 10 years. The procedure has worked well. The committees have been comprised of members of the public and private sector. 2) Council directs City Manager to establish a city staff committee comprised of members of the following departments/agencies: Finance/Purchasing, City Attorney, Convention and Visitor Development, Museums and Public Information. A city staff committee could competently complete the selection process should Council determine not to involve the private sector in the decision-making process. A city staff review committee would enable the city to allow staff professionals with knowledge of day-to- day operations, direct input into the quality expectations of the services through the selection process. However, public perception of staff bias could result. RECOMMENDATIONS 1) That an Advertising Agency Selection Committee be appointed no later than June 15, 2000, to review and approve the RFP, review responses to the RFP, choose agencies for presentation, view presentations and determine which agency(s) can most effectively represent the City of Virginia Beach. 2) That the RFP prepared by staff be distributed to an Advertising Agency Selection Committee for review and final approval, asking for proposals for full-service advertising and public relations. The selection process must be complete by October 1, 2000 to ensure appropriate planning for the transition of publicity and related activities should the incumbent not be the successful bidder. 3) That full-time advertising and public relations services be performed for Convention and Visitor Development, Museums and/or any other City department or agency desiring such services. 2 4) 5) Departments other than those specifically listed would not be "required" to use the services of the contracted finn, but would be encouraged to realize the economies of scale by taking advantage of existing resources to ensure consistency of image. The Department of Economic Development will seek their own contract in a separate RFP process in conjunction with a recent consulting firm's strategy which recommends a totally new high-tech marketing image specifically targeted to business and industry. That the Advertising Selection Committee continue with a consolidated advertising and public relations services agreement under one contract, by a single agency. Consolidation of advertising and public relations contracts under one agency allows simplification and streamlining of related marketing programs, encourages joint publicity endeavors and results in cost benefits for city agencies. That a Council appointed Advertising Agency Selection Committee be comprised of the following voting members: B. C. D. E. F. G. Chair of the Resort Leadership Council Chair of the Hotel/Motel Association Chair of the Restaurant Association Chair of Retail Association Director of the Department of Convention and Visitor Development Director of the Department of Museums Chair of the Virginia Marine Science Museum Board Submitted by: s B. Ricketts, ention & Visitor Development Reviewed by: Cit~3~lanager D ate: 3 Item V- [. 7. -27- ORDINANCES ITEM # 46738 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED: Annual permit renewals for area private, municipal and non-profit Emergency Medical Services (EMS) organizations: Advanced Wheelchair Transport, Inc. Al's Wheelchair Transportation Chesapeake Fire Department Children's Hospital of the Kings Daughters DOCC Transportation, Inc. Eastern Medical Transport Medical Transport, Inc. Nightingale Regional Air Ambulance Norfolk Fire and Paramedical Services Virginia Medical Wheelchair Transport Voting: 10-0 (By ConsenO Council Members Voting Aye: dohn A. Baum, Linwood O. Branch, III, Margaret L. Eur~, William W. Harrison, .Ir., Barbara M. Henley, Louis R. done& Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, dr. Council Members Voting Nay: None Council Members Absent: A. M. "Don" Weeks June 13, 2000 CITY OF VIRGINIA BEACH DEPARTMENT OF EMERGENCY MEDICAL SERVICES EMS AGENCY PERMIT RENEWAL APPLICATION AGENCY NAME: VIRGINIA OFFICE OF EMS AGENCY NUMBER: VIRGINIA BEACH AGENCY CLASSIFICATION: ADDRESS: Advanced Wheelchair Transport j 7..D,4e. 756 EXPIRES: 4/30/01 Medical Wheelchair Transport (Non-Emergency) 841 Juniper Crescent #105 Chesapeake, VA 23320 Patricia Crombie PHONE: 424-9891 PRESIDENT: Candy Humphreys VICE-PRESIDENT: NUMBER OF PERMITTED VEHICLES BY TYPE: COMMENTS: Does your agency comply ~vith the minimum requirements as set forth in the Rules and Regulations of the Board of Health Commonwealth of Virginia Governing Emergency Medical Services 1990 as amended? Name/Tifl~ (YES [] NO CITY OF VIRGINIA BEACH DEPARTMENT OF EMERGENCY MEDICAL SERVICES EMS AGENCY PERMIT RENEWAL APPLICATION AGENCY NAME: Al's Wheelchair Transportation VIRGINIA OFFICE OF EMS AGENCY NUMBER: VIRGINIA BEACH AGENCY CLASSIFICATION: ADDRESS: 1305 Millington Ct Virginia Beach, VA 23464 PHONE: 474-1968 PRESIDENT: Alister Campbell VICE-PRESIDENT: -- NUMBER OF PERMITTED VEHICLES BY TYPE: 937 EXPIRES: 6/30/01 Medical Wheelchair Transport (Non-Emergency) COMMENTS: Does your agency comply with the minimum requirements as set forth in the Rules and Regulations of the Board of Health Commonwealth of Virginia Governing Emergency Medical Services 1990 as amended? '~YES [] NO Name/Title Date CITY OF VIRGINIA BEACH DEPARTMENT OF EMERGENCY MEDICAL SERVICES EMS AGENCY PERMIT RENEWAL APPLICATION AGENCY NAME: Chesapeake Fire Department VIRGINIA OFFICE OF EMS AGENCY NUMBER: VIRGINIA BEACH AGENCY CLASSIFICATION: ADDRESS: 304 Albemarle Drive Chesapeake, VA 23322 PHONE: 382-6495 449 ALS Transport (Emergency-Unrestricted) CHIEF: R. Stephen Best, Sr. EMS OPERATIONS MANAGER: Dan Fermil COMMENTS: Does your agency comply with the minimum requirements as set forth in the Rules and Regulations of the Board of Health Commonwealth of Virginia Governing Emergency Medical Services 1990 as amended? Date CITY OF VIRGINIA BEACH DEPARTMENT OF EMERGENCY MEDICAL SERVICES EMS AGENCY PERMIT RENEWAL APPLICATION AGENCY NAME: VIRGINIA OFFICE OF EMS AGENCY NUMBER: VIRGINIA BEACH AGENCY CLASSIFICATION: Children's Hospital of the King's Daughters EXPIRES: 6/2000 Specialized Life Support (Pediatric aad Neonatal Transport) ADDRESS: 601 Children's Lane Norfolk, VA 23507 PHONE: 668-7453 MANAGER: Joanne Higgins OPERATIONS COORDINATOR: Roger Vaughan NUMBER OF PERMITTED VEHICLES BY TYPE: COMMENTS: '~L.ri~-r<_ ~.5~_~ '¢-~ c,3 Does your agency comply with the minimum requirements as set forth in the Rules and Regulations of the Board of Health Commonwealth of Virginia Governing Emergency Medical Services 1990 as amended? effYES [] NO Name/Tit~ Date CITY OF VIRGINIA BEACH DEPARTMENT OF EMERGENCY MEDICAL SERVICES EMS AGENCY PERMIT RENEWAL APPLICATION AGENCY NAME: DOCC Transportation, Inc. VIRGINIA OFFICE OF EMS AGENCY NUMBER: VIRGINIA BEACH AGENCY CLASSIFICATION: ADDRESS: PO Box 324 Suffolk, VA 23439 PHONE: 488-9397 PRESIDENT: David Hoy VICE-PRESIDENT: Christel Hoy NUMBER OF PERMITTED VEHICLES BY TYPE: COMMENTS: 825 EXPIRES: Wheelchair Transport (Non-Emergency) 7/31/2000 Does your agency comply with the minimum requirements as set forth in the Rules and Regulations of the Board of Health Commonwealth of Virginia Governing Emergency Medical Services 1990 as amended? YES [] NO Name/Title / Date CITY OF VIRGINIA BEACH DEPARTMENT OF EMERGENCY MEDICAL SERVICES EMS AGENCY PERMIT RENEWAL APPLICATION AGENCY NAME: Eastern Medical Transport VIRGINIA OFFICE OF EMS AGENCY NUMBER: VIRGINIA BEACH AGENCY CLASSIFICATION: ADDRESS: 4740 West Norfolk Road Portsmouth, VA 23703 PHONE: 483-3186 576 EXPIRES: Wheelchair Transport (Non-Emergency) 9/30/2000 PRESIDENT: John Gomoke VICE-PRESIDENT: William Watson NUMBER OF PERMITTED VEHICLES BY TYPE: COMMENTS: Does your agency comply with the minimum requirements as set forth in the Rules and Regulations of the Board of Health Commonwealth of Virginia Governing Emergency Medical Services 1990 as amended? ~ [] NO Date CITY OF VIRGINIA BEACH DEPARTMENT OF EMERGENCY MEDICAL SERVICES EMS AGENCY PERMIT RENEWAL APPLICATION AGENCY NAME: Medical Transport VIRGINIA OFFICE OF EMS AGENCY NUMBER: VIRGINIA BEACH AGENCY CLASSIFICATION: ADDRESS: 5792 Arrowhead Drive, Suite 200 Virginia Beach, VA 23462 PHONE: 671-9203 PRESIDENT: Donald Jellig OPERATIONS MANAGER: Russell Blow NUMBER OF PERMITTED VEHICLES BY TYPE: 308 EXPIRES: 2/29/2002 1. ALS Transport (Non-Emergency-Unrestricted) (Emergency-Restricted) 2. Specialized Adult Life Support (Non-Emergency) 3. Wheelchair Transport (Non-Emergency) COMMENTS: Does your agency comply with the minimum requirements as set forth in the Rules and Regulations of the Board of Health Commonwealth of Virginia Governing Emergency Medical Services 1990 as amended? YES [] NO Date CITY OF VIRGINIA BEACH DEPARTMENT OF EMERGENCY MEDICAL SERVICES EMS AGENCY PERMIT RENEWAL APPLICATION AGENCY NAME: Nightingale Regional Air Ambulance VIRGINIA OFFICE OF EMS AGENCY NUMBER: 509 EXPIRES: VIRGINIA BEACH AGENCY CLASSIFICATION: ADDRESS: PHONE: PRESIDENT: MANAGER: 600 Gresham Drive Norfolk, VA 23507 668-2500 David Bernd Kathy Hochmiller 6/30/2000 Rotary Wing ALS (Emergency-Unrestricted) NUMBER OF PERMITTED VEHICLES BY TYPE: COMMENTS: Does your agency comply with the minimum requirements as set forth in the Rules and Regulations of the Board of Health Commonwealth, of Virginia Governing Emergency Medical Services 1990 as amended? YES [] NO Namefl~ ~ 0 Date CITY OF VIRGINIA BEACH DEPARTMENT OF EMERGENCY MEDICAL SERVICES EMS AGENCY PERMIT RENEWAL APPLICATION AGENCY NAME: VIRGINIA OFFICE OF EMS AGENCY NUMBER: VIRGINIA BEACH AGENCY CLASSIFICATION: ADDRESS: Norfolk Fire and Paramedical Services 319 ALS Transport (Emergency-Unrestricted) 100 Brooke Avenue, Suite 500 Norfolk, VA 32510 PHONE: 441-2171 CHIEF: Donald A. Haupt, Jr. David B. Palmer Does your agency comply with the minimum requirements as set forth in the Rules and Regulations of the Board of Health Commonwealth of Virginia Governing Emergency Medical Services 1990 as amended?' ~ES [] NO Name/Title Date// CITY OF VIRGINIA BEACH DEPARTMENT OF EMERGENCY MEDICAL SERVICES EMS AGENCY PERMIT RENEWAL APPLICATION AGENCY NAME: VIRGINIA OFFICE OF EMS AGENCY NUMBER: VIRGINIA BEACH AGENCY CLASSIFICATION: ADDRESS: Virginia Medical Wheelchair Transportation 992 EXPIRES: Wheelchair Transport (Non-Emergency) 1837 Gravenhurst Dr. Virginia Beach, VA 23464 PHONE: 474-1166 7/2000 PRESIDENT: Samuel Akhigbe VICE-PRESIDENT: -- NUMBER OF PERMITTED VEHICLES BY TYPE: COMMENTS: Does your agency comply with the minimum requirements as set forth in the Rules and Regulations of the Board of Health Commonwealth of Virginia Governing Emergency Medical Services 1990 asAfmended? ES [] NO Name/Title Date Item V-J. - 28 - PLANNING ITEM # 46739 1. BROWN BUILDING CORPORATION MODIFICATION OF PROFFERS (7/13/93 Roda Associates Conditional Change of Zoning) 2. MIL TON PALMER EXPANSION OF A NON-CONFORMING USE 3. GALE LEVINE CONDITIONAL USE PERMIT 4. HAMPTON ROADS FUNDRAISING FOUNDATION, INC. CONDITIONAL USE PERMIT 5. ENTERPRISE RENT-A-CAR CONDITIONAL USE PERMIT 6. KEMPSVILLE MENNONITE CHURCH CONDITIONAL USE PERMIT 7. DANIEL POSTON, RAYMOND HOGAN, HOG-POST, L.L.C. CONDITIONAL USE PERMIT 8. VIRGINIA METRONET, INC. d/b/a ALL TEL COMMUNICATION, INC. CONDITIONAL USE PERMIT 9. LOCO L.L.C. T/A LUNSEA CANTINA MEXICALI CONDITIONAL USE PERMIT 10. TRAMMELL CROW BTS, INC, A DELEWARE CORPORATION FOR MERCHANT's TIRE AND AUTO CENTER CONDITIONAL CHANGE OF ZONING AND CONDITIONAL USE PERMIT June 13, 2000 Item V-J. - 29- PLANNING ITEM # 46740 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in ONE MOTION Items 1, 2, 4, 5, 6, 7, 8 and 10 of the PLANNING BY CONSENT. Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William IV. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: A. M. "Don" Weeks Vice Mayor Sessoms ABSTAINED on Item 4 (HAMPTON ROADS FUNDRAISING FOUNDATION, INC.) as his bank does business with the applicant. Council Lady McClanan VOTED A VERBAL NAY on Item 2 (MIL TON PALMER) and Item 7 (POSTON, HOGAN, HOG-POST) Councilman Harrison VOTED A VERBAL NAY on Item 7 (POSTON, HOGAN, HOG-POST) June 13, 2000 Item V-J. 1. PLANNING - 30- ITEM # 46 741 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council MODIFIED PROFFERS placed on the July 13, 1993 (GPIN #1477-20-5567), approved application of BROWN BUILDING CORPORATION/Roda Associates for a Conditional Change of Zoning District Classification from R-5D to Conditional B-2 at 484 7 Dolton Drive (KEMPSVILLE - DISTRICT 2): No. 1: No. 2: No. 3: No Change No Change Modified: Architectural specifications removed. The applicant has submitted an elevation of the building intended for construction on this property. A description is included in the Proposal Summary. The site plan has changed. The applicant has moved the entrance from the southeast to the northeast side adjacent to the existing commercial development owned by the applicant. The footprint of the building and hence the site design have also changed. No. 4: No. 5: No Change No Change No. 6: Modified: Change the location of the access point from the northeast to the northwest corner of the property. No. 7: No Change Removed from Proffers: Ability to preserve the twenty-four inch willow oak tree in the center of the property. Landscaping of the property shall be in accordance with the landscaping depicted on the Plan and the dumpster pad for the property will be located in the southwest corner of the property as shown in the Plan and shall be shielded with a wood screen. Voting: 10-0 (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 and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: A. M. "Don" Weeks June 13, 2000 Item V-J.2. PLANNING - 31 - ITEM # 46 742 Milton Palmer, the applicant, represented himself Beverly Woodhouse, 420 Cronin Road, Phone: 486-6420, represented the family of Dorothy Woodhouse and was in SUPPORT, as long as a single family home was built and not a church. Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED a Resolution authorizing upon Application of MILTON PALMER an expansion ora non-conforming use: Application of Milton Palmer for the reconstruction and enlargement of a non-conforming use on property located at 309 Shipps Lane. Said parcel contains 9,900 square feet. LYNNHAVEN- DISTRICT 5. The following conditions shall be required: The structure, as enlarged, will conform to the plans and renderings exhibited to the City Council on June 13, 2000, and on file with the Department of Planning. 2. The structure shall be used solely as single-family dwelling. Voting: 9-1 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, dr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan Council Members Absent: A. M. "Don" Wee~ *After the Consent Vote, this item was heard; however, B Y CONSENSUS, the Consent Vote stands. dune 13, 2000 - 32 - Item V-J. 3. PLANNING ITEM # 46 743 The following registered in SUPPORT: Gale Levine, 2100 Marina Shores Drive, the applicant represented herself. Richard Welton, 416 49th Street, Phone: 481-1226, represented the Coastal Conservation Association The following registered in OPPOSITION: Dan Creedon, 2605 Heston Road, Phone: 496-3813, represented Cape Henry Shores Attorney Glen A. Huff, 2133 Windward Shore Drive, Phone: 552-6021, represented Broad Bay Island, Cape Henry Shores and Cape Story By The Sea Civic Leagues. A MOTIONwas made by Councilman Harrison, seconded by Vice Mayor Sessoms, to DENYthe Ordinance Application of GALE LEVINE for a Conditional Use Permit for boat storage. BY CONSENSUS, this MOTION was WITHDRAWN. Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, CiO, Council ALLOWED WITHDRAWAL and requested Council support appropriate legislation in the City's 2001 Legislative Package re funding of a study of utilization of the waterways in the Lynnhaven Boating area, plus an independent boating traffic study: ORDINANCE UPON APPLICATION OF GALE LEVINE FOR A CONDITIONAL USE PERMIT FOR BOAT STORAGE Ordinance upon application of Gale Levine for a Conditional Use Permit for boat storage on the east side of North Great Neck Road, south of Lynnhaven Drive (GPIN #1499-05-7413). Said parcel is located at 2100 Marina Shores Drive and contains 12.4145 acres. LYNNHAVEN - DISTRICT 5 Voting: 10-0 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 and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: A. M. "Don" Weeks June 13, 2000 Item V4.4. - 33- PLANNING ITEM # 46744 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED Ordinance upon application of HAMPTON ROADS FUNDRAISING FOUNDATION, INC., for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF HAMPTON ROADS FUNDRAISING FOUNDATION, INC. FOR A CONDITIONAL USE PERMIT FOR AN INDOOR RECREATIONAL FACILITY (MULTI- RECREATIONAL MEETING AND BINGO HALL) R06003046 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Hampton Roads Fundraising Foundation, Inc., for a Conditional Use Permit for an indoor recreational fi~cility (multi-recreational, meeting and bingo hall) on the east side of South Military Highway, north of Providence Road (GPIN #1456-13-3354; part of #1456-23-4515). Said parcel is located at 964 South Military Highway and contains 6. 075 acres. CENTER VILLE - DISTRICT 1. The following conditions shall be required: The applicant shall improve the site with curb, gutter, paving and landscaping as depicted on the submitted site plan entitled, "Proposed Conversion of Existing Roller Rink Facility for Hampton Roads Fundraising", dated 1-28-00 and prepared by Engineering Services Inc. The applicant shall paint the existing structures as depicted on the photo renderings entitled, "Hampton Roads Fundraising Foundation Inc. ", dated 03-23-00. The facility will only be used for Bingo games on Monday and Thursday evenings from 7.'00 p.m. to lO.'30 p. m. The applicant must petition and obtain approval from the Board of Zoning Appeals for a variance to the parking deficiency resulting from this request. The applicant shall work with the Building Official's Office to ensure that building code standards are met and that the modifications required by the Americans with Disabilities Act are accomplished in a timely manner. Rooftop mounted signs must be removed. All signs must be consistent with the requirements of the City Zoning Ordinance. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of June, Two Thousand June 13, 2000 Item V-J. 4. - 34- PLANNING ITEM # 46744 (Continued) Voting: 9-0 (By Consent) 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 and Nancy K. Parker Council Members Voting Nay: None Council Members Abstaining: Vice Mayor William D. Sessoms, Jr. Council Members Absent: A. M. "Don" Weeks Vice Mayor Sessoms ABSTAINED on Item 4 (HAMPTON ROADS FUNDRAISING FOUNDATION, INC.) as his bank does business with the applicant. June 13, 2000 Item V-J.$. - 35- PLANNING ITEM # 46745 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of ENTERPRISE RENT-A-CAR for a Conditional U~e Permit: ORDINANCE UPON APPLICATION OF ENTERPRISE RENT-A-CAR FOR A CONDITIONAL USE PERMIT FOR A CAR RENTAL ESTABLISHMENT R06003047 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Enterprise Rent-A-Car for a Conditional Use Permit for a car rental establishment on the south side of Virginia Beach Boulevard, east of Groveland Road (GPIN #1487-95-5020). Said parcel is located at 3269 Virginia Beach Boulevard and contains 22,259.16 square feet. ROSE HALL - DISTRICT 3. The following conditions shall be required: The applicant shall install landscaping as depicted on the landscape plan entitled "3269 Virginia Beach Boulevard- GPIN 1487-95-5020 Enterprise Rent-A-Car" dated 2-29-00 and prepared by Pasty Kerr. Although, not depicted on this plan, the applicant will redesign the parking lot in an effort to install landscaping islands within the parking lot and around the existing free-standing sign. A revised landscape plan must be submitted and approved by the Planning Department before occupancy. The parking lot will be resurfaced and painted where needed to provide the required parking spaces, vehicle preparation area and handicap spaces in accordance with Americans with Disabilities Act (ADA) requirements. In addition, a site plan must be prepared depicting the parking lot revisions and the plan must be submitted to the Planning Department for review and approval before occupancy. The existing building shall be painted consistent with the traditional color scheme of Enterprise Rent-a-Car Corporation as shown in the photographs submitted and on file with the Planning Department. 4. No more than twenty (20) rental vehicles will be allowed on-site at any time of the day. All vehicle preparation (washing, vacuuming and other minor maintenance) shall be performed at the rear of the building in a designated area not visible from Virginia Beach Boulevard. 6. There will be no auto repair performed on-site. 7. No outdoor loud speakers or paging systems will be permitted. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth o£dune, Two Thousand June 13, 2000 - 36- Item V-J. 5. PLANNING ITEM # 46745 (Continued) Voting: 10-0 (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 and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: A. M. "Don" Weeks June 13, 2000 Item V-J. 6. -37- PLANNING ITEM # 46 746 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Cbuncil ADOPTED an Ordinance upon Application of KEMPSVILLE MENNONITE CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF KEMPSVILLE MENNONITE CHURCH FOR A CONDITIONAL US PERMIT FOR A CHURCtI AND SCHOOL EXPANSION (GYMNASIUM) R06003048 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Kempsville Mennonite Church for a Conditional Use Permit for a church and school expansion (gymnasium) on the south side of North Landing Road, east of Two Farms Lane (GPIN #1493-08-4177). Said parcel is located at 3261 North Landing Road and contains 4.36 acres PRINCESS ANNE- DISTRICT 7. The following conditions shall be required: The gymnasium addition shall be located behind the main structure, substantially as depicted on the submitted plan entitled "Building Addition Exhibit, Kempsville Mennonite Church, prepared by Kellam-Gerwitz Engineering, Inc. The building addition shall utilize neutral colors, substantially similar to the Egyptian White with Patrician Bronze trim depicted in the submitted exhibit, entitled "The VP Color Guide ". A row of Leyland Cypress trees shah beplanted lO feet on center along the eastern property boundary, between the new gymnasium and Courthouse Estates. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of June, Two Thousand 10-0 (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 and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: A. M. "Don" Weeks June 13, 2000 - 38- Item V-J. 7. PLANNING ITEM # 46747 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon Application of DANIEL POSTON, RAYMOND HOGAN, HOG-POST L.L.C. for a Conditional Use Permit: ORDINANCE UPON APPLICA TION OF DANIEL POSTON, RAYMOND HOGAN, HOG-POST L.L.C. FOR A CONDITIONAL US PERMIT FOR MOTOR VEHICLE REPAIRS AND TRUCK RENTALS R06003948 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Daniel Poston Raymond Hogan, Hog-Post L.L. C for a Conditional Use Permit for motor vehicle repairs and truck rentals on the east side of First Colonial Road beginning at a point 220feet more or less north of Virginia Beach Boulevard (GPIN #2407-86-4082). Said parcel contains, 41, 774 square feet. BEACH - DISTRICT 6 The following conditions shah be required: The site will be developed in substantial conformance with the submitted rendering/preliminary plan prepared by W. P. Large, Inc., titled "Auto Repair and Truck Rental Facility, First Colonial Road, Virginia Beach, Virginia" dated October 27, 1999, as modified by the applicant's representative. The building will be constructed in substantial conformance with the submitted rendering/preliminary plan prepared by W. P. Large, Inc., titled "Auto Repair and Truck Rental Facility, First Colonial Road, Virginia Beach, Virginia" dated October 27, 1999, as modified by the applicant's representative. The northern and eastern building walls will be constructed of a split-face block material that matches the color of the brick proposed for the western and southern building walls. The brick proposed on the western and southern building walls shall substantially conform to the submitted sample "General Shale Brick Spalding Tudor," or a comparable brick. The roof shingles for the proposed building shall substantially conform to the submitted sample "GAF Timberline Ultra Pewter Gray." The proposed landscaping on the site shall be in substantial conformance with the submitted rendering/preliminary plan prepared by W. P. Large, Inc., titled "Auto Repair and Truck Rental Facility, First Colonial Road, Virginia Beach, Virginia" dated October 27, 1999, as modified by the applicant's representative. The street frontage screening, interior coverage and foundation screening will be in conformance with the Site Plan Ordinance, Section 5A. 4. The free standing sign shall be a monument style sign, no more than eight (8)feet in height. There will be no more than ten (10) rental trucks on the site at any time. The rental trucks will be parked to the rear of the site in the areas designated "Truck Rental Area." The rental truck operation will be administratively reviewed after one (1) year for determining compliance with this condition. There will be no inoperative, wrecked or dismantled vehicles parked in the parking area. All inoperative, wrecked or dismantled vehicles must be parked or stored inside the building. 7. All auto repair work must be conducted inside the building, and no outside storage of parts or equipment is permitted. June 13, 2000 Item V-J. 7. PLANNING - 39- ITEM # 4674 7 (Continued) This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of June, Two Thousand Voting: 8-2(By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, IIL Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: William W. Harrison, Jr. and Reba S. McClanan Council Members Absent: A. M. "Don" Weeks June 13, 2000 - 40- Item V-J. 8. PLANNING ITEM # 46748 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon Application of VIRGINIA METRONET, INC., d/b/a ALLTEL COMMUNICATIONS, INC., for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF VIRGINIA METRONET, INC. d/b/a ALLTEL COMMUNICATIONS, INC. FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATIONS TOWER R06003049 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Virginia Metronet, Inc. d/b/a Alltel Communications, Inc. fora Conditional Use Permit for a communications tower on certain property located 400feet more or less east of Indian River Road beginning at a point l OO feet more or less south of Eddystone Drive (GPIN #1495-91-4778). 4,200 square feet of a 12.9 acre site (CENTER VILLE - DISTRICT 1). The following conditions shall be required: The project must be developed as indicated on the submitted site plans, and tower schematic, prepared for Alltel Communications, by Timmons and Associates, dated May 1998 (identified as Exhibits 1, 2 and 3). 2 Prior to final plan approval, the applicant must submit building renderings depicting the type and design of maintenance structures to be developed on the site. All maintenance structures must be constructed of brick and shall have a pitched roof line. The building design shall be approved by the Director of Parks and Recreation or his or her designee. 3 The overall height of the proposed tower and antennas shall not exceed 150feet. The applicant will work with the Parks and Recreation Department, the Public Works Department~Real Estate Office and the City Attorney's Office to develop an appropriate easement or lease for the ingress and egress planned to this site. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of June, Two Thousand Voting: 10-0 (By Consent) 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 and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: A. M. "Don" Weeks June 13, 2000 - 41 - Item V-J. 9. PLANNING ITEM # 46 749 Attorney Edward Bourdon, Pembroke One, Phone: 499-8971, represented the applicant, and submitted petitions in support of the application, which are hereby made a part of the record. Upon motion by Councilman Branch, seconded by Councilman Harrison, City Council ADOPTED an Ordinance upon Application of LOCO L.L.C. t/a LUNASEA CANTINA MEXICALI for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF LOCO L.L.C., t/a LUNASEA CANTINA MEXICALI FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL FA CILITY O FAN O UTDOOR NATURE (VOLLEYBALL COURT)R06003050 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Loco L.L.C. t/a L UNASEA CANTINA MEXICALI for a Conditional Use Permit for a recreational facility of an outdoor nature (Volleyball Cour0 on the south side of 22"~: Street, 100feet west of Atlantic Avenue (GPIN #2427-05-3755) Said parcel is located at 206 22nd Street and contains 7,000 square feet. BEACH - DISTRICT 6. The following conditions shall be required: 1. No outdoor music shall be provided to the volleyball court after dark. The hours of operation for the volleyball court shall be limited to 10.'00 a.m. to~'~"~,. ,,,, ~,.,,,. .... 7.'OOp. m. 3. All lighting shall be directed toward the interior of the site. 4. The netting shall be properly repaired or replaced when necessary to maintain the appearance of the site. 5. No signage above and beyond what is permitted by the City's Zoning Ordinance shall be installed. 6. Application shall be subject to administrative review within one year. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of June, Two Thousand Voting: 9-0 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 and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. And A. M. "Don" Weeks June 13, 2000 - 42 - Item V-J. 10. PLANNING ITEM # 46750 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, Ci0, Council ADOPTED Ordinances upon application of TRAMMELL CROWB TS, INC, a Delaware Corporation for Merchant's Tire and Auto Center for a Conditional Change of Zoning and Conditional Use Permit: ORDINANCE UPON APPLICA TION OF TRAMMELL CROW BTS, INC., A DELAWARE CORPORATION FOR MERCHANT'S TIRE & AUTO CENTER FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R- 15 TO CONDITIONAL B-2 Z06001169 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Trammell Crow BTS, Inc., a Delaware Corporation for Merchant's Tire & Auto Center for a Change of Zoning District Classification from R- 15 Residential District to Conditional B-2 Community Business District on certain property located on the east side of Independence Boulevard beginning at a point 659feet more or less north of Wishart Road (GPIN #1478-57-2383). The proposed zoning classification change to Conditional B-2 is for commercial land use. The Comprehensive Plan recommends use of this parcel for suburban residential~low densities that are compatible with single family use in accordance with other Plan policies. Said parcel contains 2.2 733 acres. BA YSIDE - DISTRICT 4 The following condition shall be required: AND, An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the proceedings. ORDINANCE UPON APPLICA TION OF TRAMMELL CR 0 W B TS, INC., A DELAWARE CORPORATION FOR MERCHANT'S TIRE & AUTO CENTER FOR A CONDITIONAL USE PERMIT FOR AN A UTOMOBILE REPAIR ESTABLISHMENT R06003051 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Trammell Crow BTS, Inc., a Delaware Corp. for Merchant's Tire & Auto Center for a Conditional Use Permit for an automobile repair establishment on certain property located on the east side of Independence Boulevard beginning at a point 659feet more or less north of Wishart Road (GPIN #1478-57-2383). Said parcel contains 2.2733 acres. BAYSIDE - DISTRICT 4. The following conditions shall be required: No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. The "casing enclosure" for tire reclamation and "dumpster" identified on the site plan shall be enclosed by a six-foot (6') high red brick enclosure to match the brick used for the building. All auto repair work must be conducted inside the building, and no outside storage of parts or equipment is permitted other than in the enclosure described above. There shall be no outside storage or display of tires other than in the enclosure described above. The freestanding sign shall be a monument style sign with a brick base as depicted in the exhibit presented to City Council and on file with the Planning Department. June 13, 2000 - 43 - Item V-J. I O. PLANNING ITEM # 46750 (Continued) These Ordinances shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of June, Two Thousand Voting: 10-0 (By Consen0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, dr., Barbara M. Henley, Louis R. done& Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: A. M. "Don" Weeks June 13, 2000 City of Virginia Reach INTER-OFFICE CO~ESPONI)ENCE In Reply Refer To Our File No. DF-5138 DATE: May 30, 2000 TO: FROM: RE: Leslie L. Lilley William M. Macali [g3~ Conditional Zoning Application Edmond Hawkins, et ux, et als DEPT: City Attorney DEPT: City Attorney The above-referenced revised conditional zoning application is scheduled to be heard by the City Council on June 13, 2000. I have reviewed the subject proffer agreement, dated February 11, 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 EDMON HAWKINS and THELMA HAWKINS, husband and wife and TRAMMELL CROW BTS, INC., a Delaware corporation TO {PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth Virginia THIS AGREEMENT, made this 11th day of February, 2000, by and between EDMON HAWKINS and THELMA HAWKINS, husband and wife, Property Owner, and TRAMMELL CROW BTS, INC., a Delaware corporation, Contract Purchaser herein collectively referred to as Grantors; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. W_!TNE_S_SETH: WHEREAS, Property Owner is the owner of a certain parcel of property located in the Bayside District of the City of Virginia Beach, containing approximately 2.2733 acres and described in Exhibit "A' attached hereto and incorporated herein by this reference, said property hereinafter referred to as the "Property"; and WHEREAS, the Grantors have 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-15 idential District to B-2 Commercial Business District; 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; PREPARED BY: SYKES. CARNES. BOURDON & AHERN, RC. A'TTOflNEY~ AT I.AW and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantors' proposed PREPARED BY: SYKES. CARNES. BOURDON · AHERN. P.C. ATTORNEY8 AT LAW rezoning, 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 resolve the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have 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 with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said ~mendment to t. he Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, Grantees, 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, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, 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 Grantors, their successors, personal representatives, assigns, Grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "PRELIMINARY SITE PLAN FOR MERCHANT'S TIRE STORE AT INDEPENDENCE BOULEVARD, VIRGINIA BEACH, VIRGINIA", dated Feb. 14, 2000, prepared by Burgess & Niple, which has been exhibited to the Virginia Beach City Council and is on i'fie with the Virginia Beach Department o! Planning (hereinafter "Site Plan"}. 2. When the Property is developed, it shall be landscaped substantially as depicted on the exhibit entitled "LANDSCAPE PLAN FOR MERCHANT'S TIRE STORE PREPARED BY: SYKES. CARNE$. BOUROON & AHERN, P.C. ATTORNEYS AT LAW AT INDEPENDENCE BOULEVARD, VIRGINIA BEACH, VIRGINIA", dated Feb. 14, 2000, prepared by Burgess & Niple, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Landscape Plan"). 3. The tire and auto center depicted on the Site Plan shall have the architectural design, and appearance as depicted on the elevations titled "Building Plan and Elevations", dated Feb. 9, 2000, prepared by Harrell & Company, Architects, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning Ihereinafter "Elevation"). 4. The building materials used to construct visible exterior surfaces of the tire and auto center will be those depicted and designated on the Elevations with the primary surface material being a red brick. 5. The freestanding sign shall be a low level monument style sign. 6. The only internal illumination permitted on building-mounted signs shall be the individual lettering of the words on the signs. No background lighting shall be peimitted on any building mounted signage. No neon lighting visible from Independence Boulevard, or adjoining property shall be pex,,itted to be placed on the Property. 7. The portion of the Property designated on the Site Plan as "Garden Center Out Parcel" shall be used and operated solely in conjunction with and as a part of the existing greenhouse nursery operation currently known as McDonald Nurseries of Virginia Beach, Inc. which adjoins the Property. 8. Any and all lighting on the Property shall be directed inward and away from adjoining properties. 9. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. PREPARED BY: SYKES, P~J~NES, BOUR[X3H & AHERN, P.G. ATTORNEY8 AT LAW All references hereinabove to the B-2 Zoning District and to the requirements and regulations aPplicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The 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 t~me 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, 19S0, 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. The Grantors covenant and agree 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, that 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; 4 PREPARED BY: SYKES. CAFINES. BOURDON & AHERN. P.C. ATTORNEY8 AT LAW (2) The failure to meet all conditions and restrictions shall constitute cause to deny t_he 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; a_nd (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily 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 names of the Grantors and the Grantee. PREPARED BY: SYKES, CARNES. BOURDON A AHERN, RC. ATTORNEYS AT LAW WITNESS the following signatures and seals: GRANTORS: Edmon Hawkins IL-~.~'I,'' t2, ~- ~ '-' Thelma Hawkins (SEAL) '(SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was February, 2000, by Edmon Hawkins Grantors. acknowledged before me this /'J'"rday/J of and Thelma Hawkins, husband and wife, My Commission Expires: PREPARED BY: SYKES, CARNES. BOUROO~I & AHERN. PC. ~ AT LAW WITNESS the following signature and seal: GRANTOR: TRAMMELL CROW BTS, INC., a Delaware corporation By: /~--~-' / ~ ~ Title: /~.'*-,.--_ /,'~ ~ (SEAL) STATE OF .C-{T~/COUNTY OF (/-./.~d~.<~-- , to-wit: The forego~g ~s~ent was ac~owledged before day Febm , 2000, by Trammell Crow BTS, Inc., a D~aw~e co~ora~on, on beh~ of s~d co~orafion. Notary Publfd~' My Commission Expires: MY P. flNIMI.~IflN FXPlI:IF.R EXHIBIT "A" ALL THAT certain lot, piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, containing 2.339 Acre, more or less, shown and designated as Parcel B - Area -- 2.339 Ac. on that certain plat of survey made by Talbot Group, dated April 1, 1994, entitled "RESUBDIVISION OF PROPERTY OF MCDONALD NURSERIES OF VIRGINIA BEACH, INC. AND EDMON AND THELMA HAWKINS REF.: M.B. 25, PO. 85, M.B. 72, P. 45, M.B. 114, P. 40 APRIL 1, 1994, BAYSIDE BOROUGH - VIRGINIA BEACH, VIRGINIA", which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 236, page 68. :SS AND EXCEPTING THEREFROM, HOWEVER, that certain parcel of land containing 0.066 acre conveyed to the City of Virginia Beach, Virginia for widening of Independence Boulevard by Deed recorded in the aforesaid Clerk's Office in Deed Book 3981, page 2031, and as shown on Plat recorded in Map Book 269, page 6. GPIN: 1478-57-2383 CONDREZN / TRAMMELL/PROFFER PREPARED BY: SYKES, CARNES, BOURDON & AHERN. P.C. ATTORNEYS AT LAW - 44 - Item V-K. 1. APPOINTMENTS ITEM # 46751 B Y CONSENSUS, City Council RESCHEDULED: BEACHES AND WATERWAYS COMMISSION HAMPTON ROADS PLANNING DISTRICT COMMISSION PERSONNEL BOARD TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORP June 13, 2000 Item V-K. 2. - 45- APPOINTMENTS ITEM # 46752 Upon NOMINATION by Councilman Jones, City Council REAPPOINTED: Margaret L. Eure Louisa M. Strayhorn 2-Year Terms - 7/1/00- 6/30/02 MINORITY BUSINESS COUNCIL Voting: 9-0 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 and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. And A. M. "Don" Weeks June 13, 2000 Item V-K. 3. - 46- APPOINTMENTS ITEM # 46753 Upon NOMINATION by Councilman Jones, City Council CONFIRMED APPOINTMENTS: Lorraine J. Jones Lucy J. Palmer 4-Year Terms - 7/1/00- 6/30/04 SOCIAL SER VICES BOARD Voting: 9-0 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 and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. And A. M. "Don" Weeks June 13, 2000 Item V-N. 1. -47- .4DJO URNMENT ITEM # 46754 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 3:50 P.M. Beverly 07 [-Iooks, CMC Chief Deputy City Clerk City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia ,June 13, 2000