JULY 14, 2000 MINUTESMINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
July 14, 2000
Mayor Meyera E. Oberndorf called to order the SPECIAL FORMAL SESSION at 8:00 A.M. in the City
Council Conference Room, City Hall Building, 2401 Courthouse Drive.
Council Members Present:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis P~ Jones, Reba S. McClanan, Mayor Meyera
E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Absent:
Robert C. Mandigo, Jr.
[ATTENDING VA4L Conference
for newly elected municipal
officials in Charlottesville,
Virginia]
Rosemary Wilson
[ATTENDING VML Conference
for newly elected municipal
officials in Charlottesville,
Virginia]
Item II.
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ITEM # 46948
The Mayor read the CALL TO SPECIAL FORMAL SESSION:
"HONORABLE MEMBERS OF CITY COUNCIL
In accordance with the City Charter, Section 3.06, the City Code,
Section 2-21, and by the authority vested in me as Mayor of the City, I
hereby call a SPECIAL FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL on Friday, July 14, 2000, at 8:00 A.M. in the City
Council Conference Room, City Hall Building, 2401 Courthouse Drive, for
the purpose of considering:
Resolution referring to the Planning
Commission amendments to Section 301 of the
City Zoning Ordinance (CZO) re permitted
uses in the P-1 Preservation District.
Amendments to the Southern Watersheds
Management Ordinance
c. Acquisition of Stumpy Lake properties.
City Council will also convene in CLOSED SESSION re "publicly hem
property" and "legal" matters.
Sincerely,
Meyera E. Oberndorf'
July 14, 2000
Item III
ITEM # 46949
Mayor Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant
to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose:
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 wouM
adversely affect the bargaining position or negotiating strategy of the
public body pursuant to Section 2.1-344(A)(3).
To-Wit Stumpy Lake Property
LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requiring the provision of legal
advice by such counsel pursuant to Section 2.1-344(A)(7).
Stumpy Lake Property
Environmental Ordinances
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council voted to proceed into
CLOSED SESSION.
Voting: 9-0
Council Members Voting Aye:
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 V~'ce Mayor William D. Sessoms, Jr. and
Council Members Voting Nay:
None
Council Members Absent:
Robert C. Mandigo, Jr. and Rosemary Wilson
(Time of Closed Session: 8:05 A.M. to 9:13 A.M.)
July 14, 2000
Item IV ITEM # 46950
Mayor Meyera E. OberndorfRECONVENED the SPECIAL FORMAL SESSION on Friday, July 14, 2000,
at 9:13 A.M. in the City Council Conference Room, City Hall Building, 2401 Courthouse Drive.
Council Members Present:
Linwood O. Branch, 1IL 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, dr.
Council Members Absent:
Robert C. Mandigo, Jr.
[ATTENDING VML Conference
for newly elected municipal
officials in Charlottesville,
l rginia]
Rosemary Wilson
IA TTENDING VML Conference
for newly elected municipal
officials in Charlottesville,
Virginia]
July 14, 2000
Item V
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CERTIFICATION OF
CLOSED SESSION
ITEM # 46951
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: 9-0
Council Members Voting Aye:
Linwood O. Branch, IIL Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. ~lones, 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:
Robert C. Mandigo, Jr. and Rosemary Wilson
July 14, 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 # 46949, Page 3, 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.
h Hodg~ Smith, MMC
City Clerk
July 14, 2000
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Item VI ITEM ii 46952
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to authorize acquisition of property in fee simple for
preservation of open space, drainage, water facilities and supply,
stormwater facilities andparlt, recreation and otherpublicpurposes from
the City of Norfollt, Virginia, either by Agreement or Condemnation
Voting: 8-1
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis iL Jones, Mayor Meyera E. Oberndorf Nancy
K. Parker and Vt'ce Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Robert C. Mandigo, Jr. and Rosemary Wilson
July 14, 2000
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AN ORDINANCE TO AUTHORIZE ACQUISITION OF
PROPERTY IN FEE SIMPLE FOR PRESERVATION OF OPEN
SPACE, DRAINAGE, WATER FACILITIES AND SUPPLY,
STORMWATER FACILITIES, AND PARK, RECREATION AND
OTHER PUBLIC PURPOSES FROM THE CITY OF NORFOLK,
VIRGINIA, EITHER BY AGREEMENT OR CONDEMNATION
WHEREAS, the City of Norfolk owns approximately 1,400 acres of real estate located in the
Cities of Virginia Beach and Chesapeake which it has maintained as a water utility, golf course and
open space (the "Stumpy Lake Property");
WHEREAS, the City Council of the City of Virginia Beach, Virginia (the "City Council")
finds and believes that Virginia Beach has need of a park for recreational, environmental and
educational activities for its citizens and visitors to the City and an additional water source, and
stormwater management and drainage facilities, all of which are public uses;
WHEREAS, the City of Norfolk is negotiating to sell the Stumpy Lake Property to a private
developer;
WHEREAS, the City Council finds and believes that there is a public necessity for the
acquisition of the Stumpy Lake Property, by purchase or condemnation, and that such acquisition
for the above-stated public purposes is in the best interest of the community;
WHEREAS, in the opinion of the Council, a public necessity exists to acquire property from
the City of Norfolk, Virginia, or its assigns, co-owners, and~or successors in title, in order to
establish a public park and an additional water supply source and to use the property for drainage,
water facilities, and stormwater management and to otherwise enhance the safety, health, peace,
good order, comfort, convenience, and the welfare of the people in the City of Virginia Beach and
for other public purposes:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Council authorizes the acquisition by purchase or
condemnation pursuant to Chapter 2, Section 2.01 of the Charter of the City of Virginia Beach and
Sections 15.2-1901 et seq.; Section 15.2-2109 and Sectionsl5.2-1800 et seq., Code of Virginia of
1950, as amended, of all that certain real property in fee simple together with all improvements and
appurtenances, known as Stumpy Lake and its surrounding land and facilities, now owned by the
City of Norfolk, which land is primarily located in the City of Virginia Beach, Virginia, along
Indian River Road between Lynnhaven Parkway and Elbow Road, in the Centerville District of
34 Virginia Beach and partly located in the City of Chesapeake, Virginia, containing approximately
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1460 total acres and more particularly described as follows:
Parcel One (Lake)
ALL THAT certain lot, piece or parcel of land, with the improvements thereon, if any, along
with all waters, water facilities including the pump station and appurtenant rights, situate,
lying and being in the Cities of Virginia Beach and Chesapeake, Virginia, consisting of
Stumpy Lake, including the waters in Stumpy Lake and the lake bottom, and designated as
"Parcel 1 "on the acquisition map entitled "Stumpy Lake Site, Virginia Beach, Virginia,"
prepared initially (without parcel designations) by Environmental Specialties Group,
Incorporated, which map is on file in the Department of Public Works/Engineering Division
~ Stumpy Lake Data File in the City of Virginia Beach, Virginia.
Parcel Two (Golf Course)
ALL THAT certain lot, piece or parcel of land, with the improvements thereon and all
equipment and supplies used in connection with the Stumpy Lake Golf Course, situate, lying
and being in the City of Virginia Beach, Virginia, and being generally known as the Stumpy
Lake Golf Course, and designated as "Parcel 2" on the acquisition map entitled "Stumpy
Lake Site, Virginia Beach, Virginia," prepared initially (without parcel designations) by
Environmental Specialties Group, Incorporated, which map is on file in the Department of
Public Works/Engineering Division ~ Stumpy Lake Data File in the City of Virginia
Beach, Virginia.
Parcel Three (All Stumpy Lake Property Now Owned by Norfolk,
Excluding Golf Course and Lake Waters)
ALL THAT certain lot, piece or parcel of land, with the improvements thereon, situate, lying
and being in the Cities of Virginia Beach and Chesapeake, Virginia, and designated as
"Parcel 3" on the acquisition map entitled "Stumpy Lake Site, Virginia Beach, Virginia,"
prepared initially (without parcel designations) by Environmental Specialties Group,
Incorporated, which map is on file in the Department of Public Works/Engineering
Division ~ Stumpy Lake Data File in the City of Virginia Beach, Virginia.
Section 2. That the City Manager having made an offer on behalf of the City of Virginia
Beach, to the owner(s) or person(s) having an interest in said lands, the City Attorney is hereby
authorized to institute proceedings to condemn said entire property, or any individual Parcel or
combination of Parcels of the entire Property, including obtaining any necessary approvals from the
Commonwealth or its agencies, and the City Manager is hereby authorized to continue to negotiate
with the owner(s) or person(s) having an interest in said lands in order to acquire the property by
agreement, to the extent that funds are available.
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6 9 Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of
July, 2000.
APPROVED AS TO CONTENTS
· SiGNATfsi~E --' _
Prepared: 7/1~/2000
F:\DatakATSqOrdin\NONCODE\stumpy.ord2.wpd
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
CITY ATTORNEY
-7-
Item gll ITEM # 46953
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Resolution directing the City Manager and City Attorney to identify
sources o f funding and to take all necessary actions to acquire the Stumpy
Lake property currently owned by the City of Norfolk.
~ti~: 8-1
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
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:
Robert C. Mandigo, Jr. and Rosemary Wilson
July 14, 2000
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A RESOLUTION DIRECTING THE CITY
MANAGER AND CITY ATTORNEY TO
IDENTIFY SOURCES OF FUNDING AND TO
TAKE ALL NECESSARY ACTIONS TO ACQUIRE
THE STUMPY LAKE PROPERTY CURRENTLY
OWNED BY THE CITY OF NORFOLK
WHEREAS, the City of Norfolk owns approximately 1,400 acres of real estate
located in the Cities of Virginia Beach and Chesapeake which it has maintained as a water utility,
golf course and open space (the "Stumpy Lake Property");
WHEREAS, the City Council finds and believes that Virginia Beach has need of a
park for recreational, environmental and educational activities for its citizens and visitors to the City
and an additional water source, and stormwater management and drainage facilities, all of which are
public uses;
WHEREAS, the City of Norfolk is negotiating to sell the Stumpy Lake Property to
a private developer;
WHEREAS, the City Council finds and believes that there is a public necessity for
the acquisition of the Stumpy Lake Property, by purchase or condemnation, and that such acquisition
for the above-stated public purposes is in the best interest of the community;
WHEREAS, the current estimated fair market value of the Stumpy Lake Property
is $9.15 million; and
WHEREAS, the City Manager and City Attorney, in order to accomplish the
acquisition, need to undertake certain actions to establish a capital improvement project, identify
funding, provide for public advertisement, hold public hearings, if necessary, and file all necessary
papers with the SCC and Circuit Court.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager and City Attorney are hereby authorized and directed to
identify sources of funding for, and to take all actions necessary for acquisition of, the Stumpy Lake
Property currently owned by the City of Norfolk, which actions may include, without limitation, the
establishment of a CIP project for the acquisition, scheduling of and advertising for any necessary
public hearings, and the preparation and filing of all necessary applications/petitions with the State
Corporation Commission and the Virginia Beach Circuit Court.
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July, 2000.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of
APPROVED AS TO CONTENT:
C i t{y~r ney ,"~ ce~
APPROVED AS TO LEGAL
SUFFICIENCY:
Cit~A~orney'7Of~c~
CA-7775
F:XData~TYXOrdin~IONCODE\STUMPY LAKE FUND.RES3.wpd
PREPARED: 7/13/2000
R3
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Item VIII
ITEM # 46954
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED:
Ordinance to AMEND Sections 5 and 6 of the SOUTHERN
WATERSHEDS MANAGEMENT ORDINANCE, pertaining to the
applicability of and exemptions from, the Ordinance.
Voting: 9-0
Council Members Voting Aye:
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, dr.
Council Members Voting Nay:
None
Council Members Absent:
Robert C. Mandigo, Jr. and Rosemary Wilson
Ju~ 14, 2000
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AN ORDINANCE TO AMEND SECTIONS 5 AND 6 OF THE
SOUTHERN WATERSHEDS MANAGEMENT ORDINANCE,
PERTAINING TO THE APPLICABILITY OF, AND
EXEMPTIONS FROM, THE ORDINANCE
Sections Amended: Southern Watersheds
Management Ordinance Sections 5 and 6
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 5 and 6 of the Southern Watersheds Management
Ordinance are hereby amended and reordained to read as follows:
Sec. 5. Applicability.
This ordinance shall apply
(a)~ .... .~v~LL~~ ..... ~ Development upon all any lands or waters
within the watershed~ of the North Landing River, the
Northwest River and o__r Back Bay, which watersheds are
collectively referred to herein as the Southern
Watershedsl
(b) Any artificial alteration of the level or flow of any
watercourse or impoundment of water; and
(c) to To the extent set forth in section 10 of this
ordinance, to agricultural activities within the Southern
Watersheds.
Sec. 6. Exemptions.
The following activities shall be exempt from the provisions
of this ordinance:
(a) Maintenance, alterations or improvements of existing
structures not affecting the quality, rate, volume or location of
surface water discharge or significantly altering the
characteristics of natural or manmade drainage systems; provided,
however, that any such activity resulting in a land disturbance
exceeding an area of two thousand five hundred (2,500) square feet
shall be required to comply with the erosion and sediment control
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requirements set forth in sections 30-56 through 30-78 of the City
Code;
(b) Development upon any lot or parcel of land lawfully
created and located within a residential zoning district permitting
single-family dwellings or duplexes as a matter of right prior to
the date of adoption of this ordinance [March 24, 1992]; and
(c) Construction, installation, operation and maintenance of
water, sewer, electric, telephone, cable and gas lines and their
appurtenant structures, provided that:
(1) To the greatest practicable degree, the location of such
facilities shall be located outside of and no less than
fifty (50) feet from wetlands and shorelines;
(2) No greater area of land shall be disturbed than is
necessary;
(3) The construction, installation, operation and maintenance
of such facilities shall comply with all applicable state
and federal requirements and shall be designed and
constructed in a manner which minimizes adverse effects
upon water quality; and
(4) Any land disturbance exceeding an area of two thousand
five hundred (2,500) square feet shall comply with the
erosion and sediment control requirements set forth in
sections 30-56 through 30-78 of the City Code;
(d) Silvicultural activities, provided that such activities
comply with all applicable city, state and federal requirements.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 14th day of July, 2000.
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CA-7801
wmm/ordres/swmo.ord
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July 13, 2000
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Item IX ITEM # 46955
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Henley, City Council ADOPTED:
Resolution referring to the Planning Commission proposed amendments to
Section 301 of the City Zoning Ordinance (CZO) re permitted uses in the
P-1 Preservation District.
Voting: 9-0
Council Members Voting Aye:
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, dr.
Council Members Voting Nay:
None
Council Members Absent:
Robert C. Mandigo, Jr. and Rosemary Wilson
Ju~i4, 2000
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A RESOLUTION REFERRING TO THE PLANNING
COMMISSION PROPOSED AMENDMENTS TO SECTION 301
OF THE CITY ZONING ORDINANCE, PERTAINING TO
USE REGULATIONS IN THE P-1 PRESERVATION
DISTRICT
WHEREAS, the public necessity, convenience, general welfare
and good zoning practice so require, and in order to effectuate the
intent of Section 300 of the City Zoning Ordinance to protect and
preserve areas within the P-1 Preservation District;
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
There is hereby referred to the Planning Commission, for its
consideration and recommendation, proposed amendments to Section
301 of the City Zoning Ordinance, requiring a conditional use
permit for the harvesting of timber in the P-1 Preservation
District. A true copy of such proposed amendment is hereto
attached.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the Planning Commission is hereby directed to transmit
its recommendation to the City Council by no later than August 11,
2000.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on the 14th day of July, 2000.
CA-7802
wmm~ordres~czoB01res.wpd
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July 13, 2000
Item X
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AD JO URNMENT
ITEM # 46956
Mayor Meyera E. Oberndorf DECLARED the City Council's SPECIAL FORMAL SESSION
ADJOURNED at 9:20 A.M.
Beverly 0-. Hooks, CMC
Chief Deputy City Clerk
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
l~rginia
Julyl4, 2000