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SEPTEMBER 28, 1999 MINUTESCity of Virginia Bcach "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E. OBERNDORF. At-Large WCE MAYOR WILLIAM D. SESSOMS, JR.. At-Large LINWOOD O. BRANCH III, District 6-Beach MARGARET L. EURE, District l-Centerville WILLIAM W. HARRISON, JR., District 5-L ynnhaven HAROLD HEISCHOBER, At-Large BARBARA M. HENLEY. District 7-Princess Anne LOUIS R. JONES. District 4-Bayside REBA S. McCLANAN. District 3-Rose IIall NANCY K. PARKER. At-Large A.M. (DON) WEEKS. District 2-Kemp~ville JAMES K. SPORE, City Manager LESLIE L. LILLEY. City Attorney RUTH HODGES SMITH, CMC/AAE, City Clerk CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9(~05 PIfONE: (757) 427-4303 FAX: (757) 426-5669 EMAIL: CTYCNCL~CITY.V[RGINIA-BEACH.VA.US September 28, 1999 I. CITY MANAGER'S BRIEFING - Conference Room - 3:00 PM A. THOROUGHGOOD HOUSE LEASE [15 min.] II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - 4:30 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 - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Stewart Saul Christ Presbyterian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS September 14, 1999 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. PROCLAMATION - CENSUS COMPLETE COUNT COMMITTEE I. PUBLIC HEARING 1. RUDEE LOOP PROPERTY PURCHASE J. ORDINANCES Ordinances re modifying the scope of Capital Project #9-302, Rudee Loop Development - Phase I (Partial) and the purchase of 2.73 acres of land: ao Encompass the exercise of the previously executed Option Agreement, AMEND the FY 1999-2000 Capital Budget by APPROPRIATING $6,155,250 with funding to be paid by a bank loan and repaid from the Tourism Growth Investment Fund (TGIF); and, authorize the City Manager to exercise an option to purchase real property located at Rudee Loop or Authorize the City Manager to further extend an option to purchase real property at Rudee Loop; and, AMEND the Capital Budget by APPROPRIATING $225,000 from the Tourism Growth Investment Fund (TGIF) to extend the option to September 30, 2000 Ordinance to authorize and direct the City Manager to execute a DEED between Tidewater Transportation District Commission (TTDC) and Transportation District Commission of Hampton Roads (TDCHR) to waive its right to repurchase property at 1400 Parks Avenue, Virginia Beach. Ordinance to confirm the City Manger's declaration of a local emergency due to the imminent threat of a disaster posed by Hurricane Floyd. Ordinance to TRANSFER $72,247 from the General Fund Reserve for Contingencies to the FY 1999-2000 Operating Budget of the Office of the General Registrar re expenses associated with the February 29, 2000, Presidential Primary Election. Ordinance to modify the scope of the ALTERNATIVE USE STUDY - Old Linkhom Park and Seatack Schools' Capital Project (#1-230) re assessment of the Kemps Landing Magnet School facility; and TRANSFER $40,000 from the various Schools addition Capital Project (#1-057). 6. License Refunds - $26,131.43 K. PLANNING Petition of GARY BUILDERS, INC., for the discontinuance, closure and abandonment of a 25-foot unnamed street located 150 feet more or less North of the intersection of Connie Lane and Baker Road (BAYSIDE - DISTRICT 4) Recommendation: APPROVAL Application of LOTUS CREEK ASSOCIATES for a Variance to Section 5B of the Site Plan Ordinance, Floodplain Regulations on property located on Lotus Creek Drive beginning at a point 270 feet more or less South of Camino Real South (PRINCESS ANNE - DISTRICT 7) Recommendation: APPROVAL Application ofRAHN MeLAWHORN for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires that all newly crated lots must meet all requirements of the City Zoning Ordinance (CZO) at 925 East Sparrow Road (CENTERVILLE - DISTRICT 1) Recommendation: APPROVAL Application of RH BUILDERS, INC., for the MODIFICATION OF CONDITIONS on the Change of Zoning District Classification from R-5D Residential Duplex District to Conditional R-5D with a PD-H 2 Planned Unit Development District Overlay granted on January 12, 1999, on property located on the North side of Kempsville Road, 450 feet West of Centerville Turnpike (CENTERVILLE - DISTRICT 1) Recommendation: APPROVAL Application of CORNELIUS F. and ANTONINA S. BOYNTON for a Conditional Use Permit for automobile sales and service at the Southeast comer of Virginia Beach Boulevard and North Witchduck Road (5085 Virginia Beach Boulevard), containing 18,531 square feet (KEMPSVILLE - DISTRICT 2) Recommendation: APPROVAL Application of CH PARTNERS, L.P., for a Conditional Use Permit for an open space promotion on the South side of Indian River Road, East of Hillcrest Farms Boulevard (3889 Indian River Road), containing 99.62 acres (CENTERVILLE - DISTRICT 1) Recommendation: APPROVAL Application of ATLANTIC SHORES BAPTIST CHURCH for a Conditional Use Permit for a church expansion on the East side of Centerville Turnpike, North of Kempsville Road (1861 Kempsville Road), containing 10.56 acres (CENTERVILLE - DISTRICT 1) Recommendation: APPROVAL o Application of DAVID P. MAHER - MOTOR SPORTS INC., for a Conditional Use Permit for used vehicle sales and repair on Lots 12 and 13, Block 11 and on Lot A, Block 11 (1680 Indiana Avenue), containing 12,642 square feet (BEACH - DISTRICT 6) Recommendation: APPROVAL 10. Application of WENDELL C. FRANKLIN for a Change of Zoning (CZO)District Classification from RT-3 Resort Tourist District to Conditional A-36 Apartment District at the Southeast intersection of North Birdneck Road and Pavilion Drive, containing approximately 8.889 acres (BEACH - DISTRICT 6). Deferred: Staff Recommendation: Planning Comm. Recommendation: September 14, 1999 INDEFINITE DEFERRAL APPROVAL Application of the City of Virginia Beach to AMEND Section 211 of the City Zoning Ordinance (CZO) to REPEAL durational limits for political campaign signs. Recommendation: APPROVAL L. APPOINTMENTS PARKS AND RECREATION COMMISSION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 09/24/99BAP AGENDA\09\28\99 www.virginia-beach.va.us MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 28, 1999 Mayor Meyera E. Oberndorf cailed to order the CITY MANAGER 'S BRIEFING re THOROUGHGOOD HOUSE LEASE in the Council Conference Room, City Hall Building, on Tuesday, September 28 1999, at 3:00 P.M. Council Members Present: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. MCClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Absent: None -2- ¢ITYMAN~4 GER'S BRIEFING THOROUGHGOOD HOUSE LE.4SE 3:00 P.M. ITEM # 45456 Mac Rawls, Director - Museums, advised last year the Thoroughgood House operated only with abbreviated hours on the weekends and during the week by school reservations. Mr. Rawls is concerned as Thoroughgood House is one of the most historic landmarks in Virginia Beach as well as Virginia. He spoke with Bill Hennessy, Director - Chrysler Museum, concerning this problem. The City of Norfolk is the owner of the Thoroughgood House. Chrysler Museum operates the Thoroughgood House for the City of Norfolk; however, the House is too far from the Chrysler Museum and the other two historic houses to be in the "loop ". Therefore, they felt it is not cost-effective for them to continue to operate, as they had, which was to keep the house open during the week. Harry Lester, Chairman of the Board of Trustees of Chrysler Museum, became involved. Councilman Branch assisted in facilitating the meetings. The possibiHties with Thoroughgood House and the City of Virginia Beach were discussed. The City of Norfolk and Chrysler Museum wouM be willing for the City of Virginia Beach to assume operation of the house. Chrysler Museum would lease the House to the City on a yearly basis at "no cost". AH of the authentic furnishings in the house would remain. Henry Clay Hofheimer purchased the house back in the late 1950's and gave it to the City of Norfolk. He was responsible for the restoration and supplied many of the furnishings to the house. The lease agreement is simply written and conveys the utilization of the Thoroughgood House by the City of Virginia Beach for the remainder of this fiscal year. The programming, maintenance and care of the House will be provided by the City of Virginia Beach. This could be combined with the operation of the Francis Land House. The combination of the Thoroughgood House and the Francis Land House would be a very effective marketing product. Bill Hennessy advised the Chrysler Museum is very enthusiastic relative this proposed arrangement. For a good number of years, Chrysler has been struggling with their responsibilities toward the Thoroughgood House to adequately and effectively administer property nearly twenty miles away from their home base. Mr. Rawls proposed the idea of the Thoroughgood House, Francis Land House, and possibly Lynnhaven House together would be a powerful tourist draw to this section of the City. Mr. Rawls advised he met with the Executive Committee of the Francis Land House last week and they were very excited relative this coordination of the two Houses. The approximate operating cost and maintenance would be $105,000 per year. The cost for the remainder of this fscal year would be approximately $75,000. About $15,000 in revenue (through admissions) could be generated for the remainder of the.fiscal year. There is also a small gift shop and the Chrysler Museum has donated this inventory. Mr. Rawls displayed a VB-TV video of the Thoroughgood House. Mayor Oberndorf referenced the bus tours in the shoulder months would be able to tour the Francis Land House, the Thoroughgood House -- and, if the Historical Foundation were interested, maybe Wolfsnare Foundation might wish to be a part. A Thanksgiving feast could be incorporated into the concept. Councilman Jones suggested other existing Houses might want to be included as part of the overall tour. BY CONSENSUS, the Ordinance relative the budget appropriation and lease agreement shah be SCHEDULED for the City Council Session of October 5, 1999. September 28, 1999 AGENDA RE VIE W SESSION 3:25 P.M. ITEM # 45457 J. 1 Ordinances re modifying the scope of Capital Project #9-302, Rudee Loop Development - Phase I (Partial) and the purchase of 2. 73 acres of land: Encompass the exercise of the previously executed Option Agreement, AMEND the FY 1999-2000 Capital Budget by APPROPRIATING $6,155,250 with funding to be paid by a bank loan and repaid from the Tourism Growth Investment Fund (TGIF) ; and, authorize the City Manager to exercise an option to purchase real property located at Rudee Loop or Authorize the City Manager to further extend an option to purchase real property at Rudee Loop; and, AMEND the Capital Budget by APPROPRIATING $225,000 from the Tourism Growth Investment Fund (TGIF) to extend the option to September 30, 2000. City Attorney Randall Blow distributed a REVISED Option Extension Terms for item 1.b. This item shall be discussed during the FORMAL SESSION. ITEM#45458 Ordinance to authorize and direct the City Manager to execute a DEED between Tidewater Transportation District Commission (TTDC) and Transportation District Commission of Hampton Roads (TDCHR) to waive its right to repurchase property at 1400 Parks Avenue, Virginia Beach. Mayor Oberndorf was advised this Ordinance referenced a name change on the deed. ITEM# 45459 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: ORDINANCES Ordinance to authorize and direct the City Manager to execute a DEED between Tidewater Transportation District Commission (TTDC) and Transportation District Commission of Hampton Roads (TDCHR) to waive its right to repurchase property at 1400 Parks Avenue, Virginia Beach. Ordinance to confirm the City Manger's declaration of a local emergency due to the imminent threat of a disaster posed by Hurricane Floyd. Ordinance to TRANSFER $72,247 from the General Fund Reserve for Contingencies to the FY 1999-2000 Operating Budget of the Office of the General Registrar re expenses associated with the February 29, 2000, Presidential Primary Election. Ordinance to modify the scope of the ALTERNATIVE USE STUDY - Old Linkhorn Park and Seatack Schools' Capital Project (#1-230) re assessment of the Kemps Landing Magnet School facility; and TRANSFER $40,000 from the various Schools addition Capital Project (#1-057). ~6 LicenseRefunds-$2~131.43 September 28, 1999 -4- AGENDA RE VIE tV SESSION ITEM # 45460 (Continued) K. 2. Application ofLOTUS CREEKASSOCIATES for a Variance to Section 5B of the Site Plan Ordinance, Floodplain Regulations, on property located on Lotus Creek Drive beginning at a point 270feet more or less South of Camino Real South (PRINCESS ANNE ~ DISTRICT 7 Council Lady Henley advised a Variance to the floodplain regulations needs to be discussed and requested the City Manager to schedule a Briefing.. ITEM # 45461 K. 5. Application of CORNELIUS F. and ANTONINA S. BO YNTON for a Conditional Use Permit_for automobile sales and service at the Southeast corner of Virginia Beach Boulevard and North Witchduck Road (5085 Virginia Beach Boulevard), containing 18,531 square feet (KEMPSVILLE - DISTRICT 2) Council Lady Eure referenced the addition of condition: No outside speakers shall be permitted. Robert Scott, Director Planning, will confer with the applicant prior to the Formal Session. ITEM # 45462 K. 6. Application of CH PARTNERS, LP., for a Conditional Use Permit. for an open space promotion on the South side of Indian River Road, East of Hillcrest Farms Boulevard (3889 Indian River Road), containin,,99 /; ~ ..... ~,-~r~D,TTr r ~ ,'~,'v,v,~,-,,v at-) (PMNCESS A~E - DIST~CT 7) Council Lady Eure and Councilman Branch advised this is in the Princess Anne District, NOT Centerville. Council Lady Henley inquired whether the developer wouM provide the amenities to the park before he deeds it to the Homeowners Association or would the Homeowners Association be expected to outfit the park. Mr. Scott advised the City Code requires the improvements be made prior to the conveyance of the site. Council Lady Henley inquired relative who has the responsibility for maintaining the landscaping in the reservation area. The responsibility goes to the entity who holds the title to the land until the City acquires that particular area of the right-of-way and then the responsibility goes to the City. Council Lady Henley advised that both the applications state the 5-foot contour is the floodplain level. She is concerned with the flooding in these areas as 5 feet is not very high. Councilman Branch requested information be furnished on the elevation of Lake Placid, Council Lady Eure referenced Page 31-3 "The plan also reflects that as many as nine (9) lots may be impacted by the floodplain (elevation 5feet and below). The applicant's consultant has indicated that all proposed lots will meet the minimum of 9000 square feet above the 5-foot contour (the 9, 000 square feet is the minimum lot area for lots utilizing the R-15 Residential District/Open space Promotion). This aspect of the development will be addressed during detailed construction plan review and, if adequate mitigation is not provided, there is a potential for a loss of lots. "Council Lady Eure inquired whether this is being ensured in Condition 6. Mr. Scott advised the applicant would have to go through a more detailed review, even if they had to lose lots to do it, they have to satisfy the requirements. Concerning Page 31-6, is the language tight enough: "Therefore, the developers, for this site and the adjacent developable sites will be expected to cost participate with the City to ensure that adequately sized pumps are installed to meet the developers' needs, if sewer service is needed prior to completion of CIP 6-023. Mr. Scott advised this concept was suggested by the Public Utilities Department to bring this project into compliance with other projects of this nature. September 28, 1999 5 AGENDA RE VIE W SESSION ITEM # 45463 K. 8. Application of DA VID P. MAHER - MOTOR SPORTS INC., for a Conditional Use Permit for used vehicle sales and repair on Lots 12 and 13, Block 11 and on Lot A, Block 11 (1680 Indiana Avenue), containing 12, 642 square feet (BEACH- DISTRICT 6) Council Members Parker and Eure referenced the addition of conditions: Only monument-style signage shah be used and No outside speakers shah be permitted. Mr. Scott shah confer with the applicant concerning the addition of these conditions prior to the Formal Session. ITEM # 45464 K. 9. Application of WENDELL C. FRANKLIN for a Change of Zoning District Classification from RT-3 Resort Tourist District to Conditional A-36 Apartment District at the Southeast intersection of North Birdneck Road and Pavilion Drive, containing approximately 8.889 acres (BEACH- DISTRICT 6). Councilman Branch inquired relative the necessary document so that the other property across 19th Street would be commercial zoning. Assistant City Attorney William Macali advised the restrictive covenant which prohibits any kind of residential development on the site across from the application site has been reviewed. Mr. Macali advised that when the appeal period runs out, this will be recorded. In the meantime, they have signed a letter advising they will not sell the property. ITEM # 45465 KI O Application of the City of Virginia Beach to AMEND Section 211 of the City Zoning Ordinance (CZO) to REPEAL durational limits for political campaign signs. This proposed City code change would bring the Zoning Ordinance into compliance with recent court rulings. This Ordinance shah be DEFERRED INDEFINITELY for further review. ITEM # 45466 BY CONSENSUS, the the following items shah compose the PLANNING BY CONSENT AGENDA: Petition of GARY BUILDERS, INC., for the discontinuance, closure and abandonment of a 25-foot unnamed street located 150feet more or less North of the intersection of Connie Lane and Baker Road (BA YSIDE - DISTRICT 4) Application of RAHN McLA WHORN for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires that aH newly crated lots must meet aH requirements of the City Zoning Ordinance (CZO) at 925 East Sparrow Road (CENTERVILLE- DISTRICT 1) Application of RH B UILDERS, INC.,for the MODIFICATION OF CONDITIONS on the Change of Zoning District Classification from R-SD Residential Duplex District to Conditional R-SD with a PD-H 2 Planned Unit Development District Overlay granted on January 12, 1999, on property located on the North side of Kempsville Road, 450feet West of Centerville Turnpike (CENTER VILLE- DISTRICT 1) September 28, 1999 -6- AGENDA RE VIE W SESSION ITEM # 45466 (Continued) K. 5. Application of CORNELIUS F. and ANTONINA S. BO YNTON for a Conditional Use Permit_for automobile sales and service at the Southeast corner of Virginia Beach Boulevard and North Witchduck Road (5085 Virginia Beach Boulevard), containing 18, 531 square feet (KEMPS VILLE - DISTRICT 2) K. 6. Application of CH PARTNERS, L.P., for a Conditional Use Permit for an open space promotion on the South side of Indian River Road, East of Hillcrest Farms Boulevard (3889 Indian River Road), containing 99.62 acres (CENTERVILLE - DISTRICT 1) Application of ATLANTIC SHORES BAPTIST CHURCH for a Conditional Use Permit for a church expansion on the East side of Centerville Turnpike, North of Kempsville Road (1861 Kempsville Road), containing 10. 56 acres (CENTER VILLE - DISTRICT 1) K. 8. Application of DAVID P. MAHER- MOTOR SPORTS INC., for a Conditional Use Permit_for used vehicle sales and repair on Lots 12 and 13, Block 11 and on Lot A, Block 11 (1680Indiana Avenue), containing 12, 642 square feet (BEACH- DISTRICT 6) Application of WENDELL C. FRANKLIN for a Change qf Zoning District Classification from RT-3 Resort Tourist District to Conditional A-36 Apartment District at the Southeast intersection of North Birdneck Road and Pavilion Drive, containing approximately 8.889 acres (BEACH- DISTRICT 6). K10 Application of the City of Virginia Beach to AMEND Section 211 of the City Zoning Ordinance (CZO) to REPEAL durational limits for political campaign signs. Item K5 and K8 shall be APPROVED, BY CONSENT, with additional conditions. Item K10 shall be DEFERRED INDEFINITEL Y, B Y CONSENT. September 28, 1999 -7- CITY COUNCIL COMMENTS 3:50 P.M. ITEM # 45467 Councilman Jones referenced serious drainage problems in the Lakeview Park, Lake Smith, Lake Chubb and Lake Bradford areas. Councilman Jones understood there is a meeting scheduled with the Navy representatives on September 29, 1999. These residents were inundated during Hurricane Floyd.. Council Lady McClanan said there are areas all over the City which must be addressed regarding flooding. Mayor Oberndorf referenced she had a telephone call at midnight from a resident of Lake Placid who had to park his car and wade in his suite to his home. Mayor Oberndorf said Carolanne Farms was flooded. ITEM # 45468 Mayor Oberndorf advised, while in Denver attending the U.S.. Conference of Mayor's Board Meeting, the Mayor of Fort Worth was present and his city had experienced the shooting in the Baptist Church. A study was suggested about those random shootings. Mayor Oberndorf distributed a copy of INTERACTION INITI/I TIVE REPORTwhich had been presented by Dr. Terry S. Jenkins, Director - Community Services. This report received a tremendous reception. Copies of this report will be distributed to all Mayors who compile the U.S. Conference of Mayors. Mayor Oberndorf was proud to share this report and wished to extend appreciation to the City Manager, Dr. Jenkins and all members of the Interaction Initiative Task Force for their foresight and producing such a document. ITEM # 45469 Council Lady Henley referenced the issue of Culver Lane. The recommendation was to approve ~4lternative 2. The City Manager advised the overwhelming preference was the four-lane undivided cross-section and this would not necessitate a formal vote, unless City Council desires. Council Lady Henley said the recommendation of the consultants regarding the speed limit was not forwarded. The City Manager advised after the project is completed, studies can be conducted relative what the speed limit should be. It is the staff's feeling the speed limit should be 30 or 35 mph. The consultants have recommended 25, which is unrealistically low. September 28, 1999 City of Virginia Flcach OFFICE OF THE CITY MANAGER (757) 427-4242 FAX (757) 427-4135 TDO (757} 427-4305 October 1, 1999 MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-9001 Councilmember Louis R. Jones Bayside District # 4 1008 Witch Point Trail Virginia Beach, Virginia 23455 Re: Water Levels Lakes Bradford and Chubb Dear Councilmember Jones: In response to your inquiry, I would like to provide you with information regarding the letter you received from residents of the Lake Chubb/Lake Bradford area dated September 12, 1999. Mayor Oberndorfhad provided an interim response to the residents by her letters dated September 22, 1999. As mentioned in Mayor Oberndorf's letter, a meeting was held between the Public Works staffs of the City and Little Creek Naval Amphibious Base on Wednesday, September 29, 1999. The meeting was very productive and several difficult issues were resolved. A meeting with the area residents has been called for Wednesday, October 6, 1999 at 2:00 p.m. at the Bayside Recreation Center. We hope that you will be able to join us for that meeting. The primary cause of the apparent delay in the past has been our concern for damage to Navy property and the reported existence of chemical contaminants in the sediments of the outfall ditch. The latter concern would have greatly complicated the excavation and removal of the material and significantly elevated the costs. Additional sampling and chemical analysis over the past year, however, has given us confidence that the sediments can now be removed by normal excavation procedures. Further, the concerns about damage to Navy property have been satisfactorily allayed. We plan to complete our engineering and permit review process, with the environmental regulatory agencies, during the next 3-4 weeks and should be able to begin work on the outfall ditch in November. Unforeseen complications could yet arise during the environmental permit review process, however, any resultant delay should be of limited duration. As indicated in the recent newspaper article, the City of Virginia Beach has agreed to finance the cost of the sediment removal. In fact, the excavation and removal work will probably be performed by Councilmember Jones Water Levels Lakes Bradford and Chubb October 1, 1999 page 2 City crews from the Public Works Department. It should not be inferred that the Navy is free of obligation for maintenance of their outfall ditch. They have accepted responsibility for all debris removal from the ditch and for cleaning, repair and replacement, as necessary, of the multiple, road crossing, culvert systems. This was agreed to be a fair distribution of costs for maintaining the entire drainage system and roughly parallels the volume of storm water that each entity contributes to the lakes system. Our initial sediment removal efforts will concentrate on two high areas of sediment accumulation that effectively control the elevation of water in the lakes. Currently, the sluice gate, which is located near Gate #4, has very limited control over the lake elevation. The sediment removal that is planned will reestablish the proper functioning of the sluice gate and allow Public Works to more effectively, and timely, control the lake elevation. A recurring maintenance program will also be developed between the City and the Navy to prevent furore deterioration of this drainage system. We have referred to the restoration of the existing ditch as Phase I. You should know that we are also looking at a possible Phase II which could provide a second outfall directly from Lake Chubb to the Chesapeake Bay. Such an outfall structure would be designed to only come into play when the water level of the lakes reaches a point where residential properties are again threatened. As you can imagine, this is not a "quick fix" item, especially in view of the probable environmental concerns raised by the construction of a beach outfall. Such a project could take several years to bring to fruition. In the meantime, an active preventive maintenance program on the existing outfall ditch is the only real solution. We will discuss all of this information with the residents next week. Please let me know if you need any additional information at this time. Sincerely, C. Oral Lambert, Jr. Chief Operating Officer COL:ARS:lb CC: Mayor Meyera E. Oberndorf Council Members CO NAB LCREEK -8- ITEM # 454 70 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, September 28, 1999, at 4:00 P.M. Council Members Present: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don' Weeks Council Members Absent: None September 28, 1999 -9- ITEM # 454 71 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). Appointments: Boards and Commissions: Community Policy and Management Team Hampton Roads Economic Development Alliance Historical Review Board Minority Business Council Resort Advisory Commission PUBLICLY-HELD PROPERTY: Discussion or consideration of the acquisition, or of the disposition of publicly-held 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). Acquisition/Disposition of Property - Central Business District - Bendix Road Property - Rudee Loop - Southeastern Parkway LEGAL MATTER& Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture 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). Legal Advice/Contractual Negotiations - Central Business District - Bendix Road Property Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council voted to proceed into CLOSED SESSION. Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None September 28, 1999 - !0- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL September 28, 1999 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, September 28, 1999, at 6.'00 P.M. Council Members Present: Linwood 0. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and.4.3/I. "Don" Weeks Council Members Absent: None INVOCATION: Reverend Stewart Saul Christ Presbyterian Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Wachovia Bank, disclosed there were no matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Wachovia Bank. The Vice Mayor regularly makes this Disclosure as he may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of January 4, 1999, is hereby made apart of the record. September 28, 1999 Item V-E. -11~ CERTIFICATION OF CLOSED SESSION ITEM # 454 72 Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, 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: 11-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None September 28, 1999 CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 45471, Page 9, 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. Rt~h Hodges Sn~th, CMC/AAE City Clerk September 28, 1999 Item V-G.I. ADOPT AGENDA FOR FORMAL SESSION - 13- ITEM # 45474 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION September 28, 1999 Item V-G.2. INTRODUCED -14- ITEM # 454 75 Mayor Oberndorf recognized the following Boy Scout Troops in attendance to earn their merit badges for communications/citizenship: BOY SCOUT TROOP 407 ROSE HALL DISTRICT 3 (Accompanied by Parents and Committee Members) Lea Nachtman Tracy Kerr Priscilla Summers Karen Nichols BOY SCOUT TROOP 481 KINGS GRANT BAPTIST CHURCH Michael Camp (Accompanied by his Mother, Mrs. Camp.) September 28, 1999 - 15- Item V-H. 1. PRESENTATION ITEM # 454 76 Mayor Oberndorf recognized the CENSUS COMPLETE COUNT COMMITTEE and presented a PROCLAMATION: SEPTEMBER 28, 1999 CENSUS COMPLETE COUNT COMMITTEE DAY The Census Complete Count Committee shah be charged with working with the Census Bureau and its representatives in promoting CENSUS 2000for all of our people. The Complete Count Committee may provide assistance to the Census Bureau to recruit temporary employees and will make every effort to develop outreach activities especially designed to meet the needs of all residents and to reach those considered "hard to enumerate ". Susan Hardy, Regional Director - Bureau of the Census and Ron Brown, Team Leader - Bureau of the Census, Virginia Partnership were in attendance. Ron Madison, Chair - Media and Public Relations - Census Complete Count, ACCEPTED the PROCLAMATION. September 28, 1999 -16- Item V-J. 1. PUBLIC HEARING ITEM # 45477 Mayor Oberndorf DECIMRED A PUBLIC HEARING: RUDEE LOOP PROPERTY PURCH~4SE The following registered in OPPOSITION:: Jamie Metzger, 1900 Pavilion Drive, Phone: 422-8900, represented the Double Tree Hotel Barbara Messner, Post Office Box 514, Phone: 422-1902 Dr. Harvey Shi. flet, 1529 Duke of Windsor, Phone: 481-0664, represented the Virginia Beach Resort and Conference Center Ben Krause, 1436 Five Hill Trail, Phone: 486-3721, represented the Citizens Action Coalition There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HE~4RING. September 28, 1999 -17- Item ORDINANCES ITEM # 45478 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED IN ONE MOTION Ordinances 2, 3, 4, 5, and 6 of the CONSENT AGENDA. Vo ting: 11 - 0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None September 28, 1999 Item V-J.l.b. - 18- ORDINANCES ITEM # 45479 Upon motion by Councilman Harrison, seconded by Councilman Jones, City Council ADOPTED, WITH REVISED OPTION EXTENSlON TERM SHEET: Ordinance re modifying the scope of Capital Project #9-302, Rudee Loop Development - Phase I (Partia0 and the purchase of 2.73 acres of land: Option B. Authorize the City Manager to further extend an option to purchase real property at Rudee Loop; and, AMEND the Capital Budget by APPROPRIATING $225,000 from the Tourism Growth Investment Fund (TGIF) to extend the option to September 30, 2000 Voting: 9-2 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, 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 and A. M. "Don" Weeks Council Members Absent: None September 28, 1999 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 AN ORDINANCE TO MODIFY THE SCOPE OF CAPITAL PROJECT #9-302, RUDEE LOOP DEVELOPMENT - PHASE I (PARTIAL), TO AUTHORIZE THE CITY MANAGER TO FURTHER EXTEND AN OPTION TO PURCHASE REAL PROPERTY LOCATED AT RUDEE LOOP, AND TO AMEND THE CAPITAL BUDGET BY APPROPRIATING $225,000 PROJECT FOR THIS PURPOSE TO THE WHEREAS, on December 16, 1997, the City Council authorized the City Manager to execute an option agreement between the City of Virginia Beach and Robert Herman Properties, L.L.C., Herman Inc., and Robert Herman to purchase a 2.73 acre site located at Rudee Loop (the "Rudee Loop Property"), and established Capital Project #9-302, Rudee Loop Development - Phase I Partial), to fund the purchase of the initial option and the extension of the option; WHEREAS, the City Council ha.s determined it to be in the best interests of the City to broaden the scope of the capital project and authorize the City Manager to further extend the option to purchase the Rudee Loop Property; WHEREAS, the further extension of the option requires a one-time extension fee of $25,000 and an extension fee of $200,000 for extending the option to September 30, 2000; and WHEREAS, the $225,000 necessary to extend the option will come from the Tourism Growth Investment Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the scope of Capital Project # 9-302, Rudee Loop Development - Phase I (Partial), is hereby modified to encompass the further extension of the previously executed Option Agreement with Robert Herman Properties, L.L.C., and Herman, Inc., and Robert Herman (the "Option Agreement")for the purchase of 2.73 acres of land located at Rudee Loop (the "Rudee Loop Property"). 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 50 2. That the FY 1999-2000 Capital Budget is hereby amended, and funds in the amount of $225,000 are hereby appropriated from the Tourism Growth Investment Fund to Capital Project #9-302, Rudee Loop Development - Phase I (Partial), for the purpose of further extending the option under the Option Agreement to September 30, 2000. 3. That, the City Manager, or his designee, is hereby authorized to take the actions necessary to further extend the option and to execute an amendment to the Option Agreement in accordance with the terms attached hereto, which amendment shall be in form and substance satisfactory to the City Manager and the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28 day of September , 1999. Requires an affirmative vote by a majority of the members of City Council. CA-7498 ORDIN~NONCODE~RUDEE LOOP.ORD R5 SEPTEMBER 23, 1999 APPROVED AS TO CONTENT: Management Serv~ APPROVED AS TO LEGAL SUFFICIENCY: ~i~y kttorn~s Office~ 2 OPTION EXTENSION TERMS Purchase Price: $6,500,000 (as of 9/30/99) plus $26,000 per month or portion thereof (4.8% annualized rate) from 10/1/99 through month of settlement. Extension Periods & Fees: 10/1/99 through 9/30/00 $200,000 10/1/00 through 9/30/01 $200,000 10/1/01 through 9/30/02 $200,000 Extension Fees payable on or before 10/1 of each Extension Period and shall apply to Purchase Price. One-time Extension Fee of $25,000 payable on or before 10/1/99 which shall not apply to Purchase Price. Previously paid option fees of $400,000 to apply to Purchase Price. Owners continue to pay real estate taxes, utilities, etc. until settlement. Deed Restrictions must be released prior to settlement. Prior to settlement, City shall not conduct preliminary work, development, road or utility work which prohibits or unreasonably interferes with access to or operation of the restaurant. Option may be exercised at any time by giving Owners notice, with settlement to occur within 60 days; provided, if settlement occurs during the period from 3/1 through 10/31 of any year ("Restaurant Operating Period"), Owners will be permitted to continue to operate the restaurant and related parking lots until the end of that Restaurant Operating Period, without rent. If settlement is scheduled for the month of November or December, Owners to have right to require settlement to be extended up to 2/1 of the following year, but no increase in Purchase Price shall occur for the month of January. All other terms and provisions of original Option and Agreement (except as modified by this extension) to remain in full force and effect. F:FOs ers/MGayleJWP/WORI(Joption cxt .terms ,wpd - 19- Item V-J.2. ORDINANCES ITEM # 45480 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize and direct the City Manager to execute a DEED between Tidewater Transportation District Commission (TTDC) and Transportation District Commission of Hampton Roads (TDCHR) to waive its right to repurchase property at 1400 Parks Avenue, Virginia Beach. Voting: 11-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None September 28, 1999 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A DEED BETWEEN TIDEWATER TRANSPORTATION DISTRICT COMMISSION AND TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS TO WAIVE ITS RIGHT TO REPURCHASE PROPERTY WHEREAS, the City of Virginia Beach (the "City") previously owned and operated a trolley transportation system and maintenance facility located at 1400 Parks Avenue, Virginia Beach, Virginia (the "Property "); WHEREAS, the Property was conveyed to Tidewater Transportation District Commission ("TTDC") by Deed dated December 4, 1984, and recorded in the Clerk's Office of the Circuit Court of the City in Deed Book 2378, at page 2093 (the "Deed"); WHEREAS, the Deed contained certain restrictions, including a right to repurchase the Property; WHEREAS, TTDC is transferring all of its interests and assets into a newly formed Commission, Transportation District Commission of Hampton Roads ("TDCHR"); WHEREAS, TTDC and TDCHR request that the City waive its right to repurchase the Property, and the City desires to waive its right to repurchase the Property at this time but reserves its right to do so in the future should TDCHR decide to convey the Property to any other party or cease to use the Property in connection with the operation of a transportation facility; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager of the City is authorized and directed to execute the Deed between TTDC and TDCHR in substantially the form and content of the copy attached to and made a part of this Ordinance, but with changes as he shall deem necessary to protect and promote the interest of the City. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day of September, 1999. CA-7487 F:~DataX, ATY~Ordin\NONCODE\ttdcwaive.ord R-1 Prepared: 9/10/99 Prepared by: Williams, Mullen, Clark & Dobbins, P.C. 900 One Columbus Center, Virginia Beach, VA 23462 EXEMPTED FROM RECORDATION TAXES PURSUANT TO § 58.1-811 (A)(3) AND § 58.1-811(C)(3) OF THE CODE OF VIRGINIA OF 1950, AS AMENDED THIS DEED ("Deed"), made this day of September, 1999, by and between TIDEWATER TRANSPORTATION DISTRICT COMMISSION, a body corporate and politic of the Commonwealth of Virginia created pursuant to the Transportation District Act of 1964 ("Grantor"), and TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS, a body corporate and politic of the Commonwealth of Virginia created pursuant to the Transportation District Act of 1964 ("Grantee"), whose address is 3400 Victoria Boulevard, Hampton, Virginia 23661, and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (for indexing purposes only "Grantor"). WITNESSETH: That for and in consideration of TEN DOLLARS ($10.00), and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor grants and conveys, with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE, to Grantee, the following described property ("Property"): All that certain lot, piece, or parcel of land, lying, situate, and being in the City of Virginia Beach, Virginia, shown as the shaded area and designated as "PARCEL A" on that certain plat entitled "PLAT SHOWING PROPERTY TO BE CONVEYED TO TIDEWATER TRANSPORTATION DISTRICT COMMISSION FROM THE CITY OF VIRGINIA BEACH, VIRGINIA BEACH BOROUGH - VIRGINIA BEACH, VIRGINIA", dated May 9, 1984, prepared by Bureau of Surveys and Mapping, Engineering Division, Department of Public Works, City of Virginia Beach, Virginia, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 186, at page 12, to which reference is made for a more particular description, and being all of Lots 12 tlu:ough 22 on said plat, except those portions of Lots 21 and 22 lying within Parcel B. GPIN: 2417-85-9571-0000 IT BEING the same property conveyed to Grantor by deed from the City of Virginia Beach, dated December 4, 1984, and recorded in the aforesaid Clerk's Office in Deed Book 2378, at page 2093. The Property is conveyed subject to the conditions, restrictions, reservations, easements and encumbrances, if any, recorded affecting the Property and constituting constructive notice. This conveyance is further made subject to the following conditions and covenants: 1. In the event Grantee ceases to use the Property in com~ection with the operation of transportation facilities, the City of Virginia Beach, Virginia (the"City") shall have the right to purchase the Property at the then fair market value or Three Hundred Thousand One Hundred Seventy-five and 48/100 Dollars ($300,175.48), whichever is less, provided, however, in any event, the purchase price shall be adjusted to include the then fair market value of all improvements made to the property by Grantor and Grantee. Grantee shall not convey the Property to any other party unless the City waives its right to purchase, which waiver shall be evidenced by the City signing the Deed. 2. Grantee may, with the written consent of the City, encumber the Property with a deed of trust securing a loan(s), the proceeds of which will be used for transportation facilities. The City will sign the deed of trust, if acceptable to the City in its sole discretion, for the sole purpose of evidencing its consent, but the City will not be liable in any way as a party to the deed of trust. The City waives its right to purchase the Property at this time, but reserves its right to do so in the future should the Grantee decide to convey the Property to any other party or cease to use the Property in cormection with the operation of a transportation facility. The City's waiver is evidenced by the signature below of the City Manager and its seal to be affixed and attested by its City Clerk, all duly authorized by ordinance adopted by the City Council. WITNESS the following signatures and seals: TIDEWATER TRANSPORTATION DISTRICT COMMISSION, a body corporate and politic of the Commonwealth of Virginia created pursuant to the Transportation District Act of 1964 By (SEAL) Michael S. Townes, Executive Director CITY OF VIRGINIA BEACH, VIRGINIA (SEAL) ATTEST: By: City Manager, Authorized Designee of the City Manager Ruth Hodges Smith, City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was aclmowledged before me this day of , 1999, by Michael S. Townes, Executive Director of TIDEWATER TRANSPORTATION DISTRICT COMMISSION, a body corporate and politic of the Commonwealth of Virginia created pursuant to the Transportation District Act of 1964, on behalf of the Commission. My commission expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,1999, by , City Manager/Authorized Designee of the City Manager, on behalf of the City of Virginia Beach, Virginia. My commission expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: Virginia. The foregoing instrument was acknowledged before me this day of ,1999, by Ruth Hodges Smith, City Clerk, on behalf of the City of Virginia Beach, My commission expires: Notary Public - 20 - Item V-J.3. ORDINANCES ITEM tl 45481 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to confirm the City Manger's declaration of a local emergency due to the imminent threat of a disaster posed by Hurricane Floyd. Voting: 11-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None September 28, 1999 AN ORDINANCE CONFIRMING THE CITY MANAGER'S DECLARATION OF A LOCAL EMERGENCY DUE TO THE IMMINENT THREAT OF DISASTER POSED BY HURRICANE FLOYD 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 WHEREAS, § 44-146.21 of the Code of Virginia, as amended, provides that "[i]n the event the governing body cannot convene due to [a] disaster or other exigent circumstances, the [local] director [of emergency services] may declare the existence of a local emergency, subject to confirmation by the governing body at its next regularly scheduled meeting or at a special meeting within fourteen days of the declaration, whichever occurs first;" WHEREAS, in accordance with the Virginia Emergency Services and Disaster Law (§ 44-146.13 et seq. of the Code of Virginia, as amended), City Council, by adoption of §§ 2-411 through 2-413 of the City Code, created the Office of Emergency Management and appointed the City Manager as the Director of Emergency Management; and WHEREAS, by virtue of the authority vested in him by § 44-146.21, the City Manager, as the City's Director of Emergency Management, issued a Declaration of Local Emergency on September 15, 1999, in response to the imminent threat of disaster posed by Hurricane Floyd. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That, pursuant to § 44-146.21 of the Code of Virginia, as amended, City Council hereby confirms the Declaration of Local Emergency issued by the City Manager, in his capacity as the City's Director of Emergency Management, on September 15, 1999,a copy of which is attached hereto as Exhibit A and is hereby incorporated by reference. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on the 28 day of September , 1999. 34 35 36 37 38 CA-7492 ORDIN~NONCODE~HURRI.ORD R2 September 21, 1999 APPROVED AS TO CONTENT: of Emergency Management APPROVED AS TO LEGAL SUFFICIENCY: C~y Attorney's Office EXHIBIT "A" DECLARATION OF I~OCAL EMERGENCY I, the undersigned, as City Manager and Director of Emergency Management for the City of Virginia Beach, find the imminent threat of disastrous weather and flood conditions, serious and extensive property damage, and loss or interruption of vital City services posed by Hurricane Floyd to be of sufficient severity and magnitude to warrant coordinated local government action to prevent or alleviate any potential damage, loss, hardship or suffering. Therefore, pursuant to § 44-146.21 of the Code of Virginia, as amended, I hereby declare the existence of a Local Emergency in the City of Virginia Beach. In accordance with this Declaration, the Office of Emergency Management and all other appropriate City agencies are hereby vested with, and authorized to carry out, all powers, duties and functions prescribed by State and local law, rules, regulations and plans as may be necessary to adequately and appropriately respond to said Local Emergency. - 21 - Item V-J. 4. ORDINANCES ITEM # 454~2 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to TRANSFER $ 72,247from the General Fund Reserve for Contingencies to the FY 1999-2000 Operating Budget of the Office of the General Registrar re expenses associated with the February 29, 2000, Presidential Primary Election Voting: 11-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None September 28, 1999 1 2 3 4 5 AN ORDINANCE TO TRANSFER $72,247 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO THE FY 1999-00 OPERATING BUDGET OF THE OFFICE OF THE GENERAL REGISTRAR FOR EXPENSES ASSOCIATED WITH A PRIMARY ELECTION 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 WHEREAS, the Republican Party has called for a presidential primary election to be held on February 29, 2000; WHEREAS, the Code of Virginia, at § 24.2-518, requires the locality in which a primary election is conducted to pay the costs of the election; and WHEREAS, the FY 1999-00 Operating Budget of the General Registrar does not contain funding for this special election, but the unappropriated balance in the FY 1999-00 General Fund Reserve for Contingencies is sufficient to provide $72,247 to conduct a presidential primary election on February 29, 2000. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $72,247 is hereby transferred from the General Fund Reserve for Contingencies to the General Registrar's FY 1999-00 Operating Budget to provide funding for a February 29, 2000 presidential primary election. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28 September of , 1999. CA-7493 ORDIN\NONCODE\PRIMARY ELECTION.ORD R2 SEPTEMBER 20, 1999 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management, Services j~4 ~ X. "V -"'City Attorney's ~ce '~ - 22 - Item V4.5. ORDINANCES ITEM # 45483 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to modify the scope of the AL TERNA TIVE USE STUDY- Old Linkhorn Park and Seatack Schools' Capital Project (#1-230) re assessment of the Kemps Landing Magnet School facility; and TRANSFER $40, O00 from the various Schools addition Capital Project (#1-057). Voting: 11-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None September 28, 1999 1 2 3 4 5 6 7 8 9 AN ORDINANCE TO MODIFY THE SCOPE OF THE ALTERNATIVE USE STUDY - OLD LINKHORN PARK AND SEATACK CAPITAL PROJECT (~1-230) TO PROVIDE FOR AN ASSESSMENT OF THE KEMPS LANDING MAGNET SCHOOL FACILITY AND TO TRANSFER $40,000 FOR THIS PURPOSE TO THE PROJECT FROM THE VARIOUS SCHOOLS ADDITION CAPITAL PROJECT (#1-057) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 WHEREAS, the Virginia Beach School Board has received a Facility Disposition Report from its Building Utilization Committee which recommended that an assessment be completed for the Old Linkhorn Park Elementary, Seatack Elementary, and Kemps Landing Magnet School buildings and sites; WHEREAS, the current capital project for assessing buildings and sites only includes the Linkhorn and Seatack facilities and should be modified in scope to include the Kemps Landing facility; and WHEREAS, the inclusion of Kemps Landing in the assessment will require an additional $40,000,which is available from the Various Schools Additions Capital Project (#1-057), and the School Board has recommended that the funds be transferred for this purpose. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the scope of the Alternative Use Study - Old Linkhorn Park and Seatack Capital Project (#1-230) is hereby modified to include assessing the Kemps Landing Magnet School building and site. 2. That $40,000 is hereby transferred from the Various Schools Additions Capital Project (#1-057)to the Alternative Use Study - Old Linkhorn Park and Seatack Capital Project (#1-230) for 33 34 35 36 the purpose of providing funds needed for an assessment of the Kemps Landing Magnet School facility. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day of September, 1999. CA-7495 ORDIN~NONCODE~ASSESSMENT STUDY (1-057).ORD SEPTEMBER 20, 1999 R-3 APPROVED AS TO CONTENT: Management~ Services'~ APPROVED AS TO LEGAL SUFFICIENCY: ~ity A~tor~y's ~ice VIRGINIA BEACH CITY PUBLIC SCHOOLS CAPITAL IMPROVEMENT PROGRAM TRANSFER OF FUNDS September 7, 1999 5VIIEREAS, The Facility Disposition Repod presented to the School Board on August 17, 1999, recommended an assessment be made of the Old Seatack and Linkhorn Park elementary schools; and Kemps Landing Magnet, and WHEREAS, The scope of work for Alternative Use Study-Old Linkhorn Park and Seatack project (CIP 1-230) needs to be modified to include Kemps Landing Magnet; and V/HEREAS, it is necessary to transfer $40,000 into CIP 1-230 in order to support the increase in scope; now, therefore, be it RESOLVED: That the School Board requests that City Council transfer $40,000 from Ci'P 1-057 into CIP 1-230; and that the scope of CIP 1-230 be modified to include an assessment of the Kemps Landing Magnet building; and be it further RESOLVED: That a copy of this resolution be delivered promptly to the City Council, City Manager, and City Clerk by the Clerk of the Board along with a cop3' of the Facility Disposition Report dated August 17, 1999. Attest Dianne M. Page, Clerk oflJm Board Presented September 7, 1999 Daniel D. Edwards, Chairm~n SEAL CERTIFIED TO BE A TRUE AND,CORRECT COP~ School Ad,'ninistration Buildir,g, 2512 George Mason Drive,P.O. Box 6038.¥hgh ,id ~Fdr~,. S~'Rob'l"~oar~o~the City of Virginia Beach Repor~ 1999 of Cona, Old Seatack Elementary, School .......................................................................................................... I Old Seatack Elementary School Narrafive .................................................................................... 1.1 CIP 1-2;50 ......................................................................................................................................... 1.2 Letter fo ~r Jenney and James Spore f-rom Frank Drew and Charles Wall ........................ I.;5-4 ]~emo from Jolm Kalocay fo Dr. Jenney .................................................................................... 1.5-7 Old Linkhovn Park Elementary School ........................................................................................... H ©Id Linkhocn Park Elem~nC, vy School Narrative ...................................................................... H. ~ CIP 1-2;50 ........................................................................................................................................ H.2 Memo from John Kalocay to Dr. Jenney ................................................................................... lq.;5-5 Old Donation Cenfer ......................................................................................................................... ]]][ Old Donation Center Narrative ................................................................................................... HI.1 B~y~ide 6~ Grade Campus ............................................................................................................... IV Bayside 6m Grade Campus Narrative .......................................................................................... IV. 1 Cenfer for Effective Learni,g ............................................................................................................ V Center for Effective Learning Narrative ...................................................................................... V. 1 Kemp,~ Landing M~gn~t School ....................................................................................................... IS~emps Landing ~lagnet School Narrative .................................................................................. Tech-;cal & Career Educafion .......................................................... ] ............................................ V~ T~¢h,;cal & Career Educafion N~rrative ................................................................................. hqI.1 CIP 1-097 .................................................................................................................................... XqI.2 Virginia Beach Central Academy ................................................................................................ VIII Virginia Beach Central Academy Narrative ........................................................................... Villa CIP ~-097 ................................................................................................................................... Proposed Timehnes for Facility Disposition ................................................................................... IX Recomm enclafions ........................................................................................................................... IX, l Appendix ............................................................................................................................................... X Surplus of R~al Property ................................................................................................................ 1952 OLD SEATACK ELEMENTARY SCHOOL Address: Site Size: Building Size: Building Age: Audited Program Capacity: Current Zoning: AICUZ: Building Availability: Facility Consla'aints: Possible Uses: 411 Birdneck Circle Virginia Beach, VA 23541 +8.26 Acres* 52,687 Square Feet 1952 3O8 A- 12 (Apartment District) Noise Zone - 75 dB Ldn or greater, zone of highest intensity Accident Potential Zone II January 2000 Relation to Accident Potential Zone will not permit children to be housed for instructional purposes Office space, storage, light industrial, potential sale General: Seatack originally opened in 1952, received classroom additions in 1955 and 1959, and a gymnasium in 1967. The most recent capital improvements performed at Seatack were the addition of parking and landscaping in 1993. There are no scheduled capital improvements. The floor plan is similar to Shelton Park Elementary. *Does not include +11.594 acres owned by the City of Virginia Beach. 1.1 City of Virginia Beach Virginia Fiscal Year 1999-2000 thru 2004-2005 Capital Improvement Program Project ¢; and Title' 1-230 Alternative Use Study-Old Linkhorn Park and Seatack ?lP__S_e._ctionz' Schools Business Area: Quality Education for Lifelong Learning Prority. C Tot,~l I 7oral Budge! Unappropriated Subsequent Years Future -- Programmed IAppr°priati°ns Year 1 j Year 2 j Year 3 Year 4 j Year 5 Year6 Funding Funds t ToDate FY 1999~)0 J FY2000.01 J FY2001-02 J FY2002-03 J FY2003-04 FY2004.05 Requirement i his p~oj,zct will provide for an assessmenVevaluation of potential future uses of the existing Linkhorn Park and Seatack elementary schools. The existin9 Linkhorn Park and Seatack elementary schools will no longer be occupied by students and staff as of January 2000. Potential alternative uses of these facilities need to be evaluated. I.Jev,' project in FY 1.q79-2000. Basis for Estimate FY 1999-00 FY 2000-01 FY 2001-02 FY 2002-03 FY 2003.04 FY 2004-05 0 0 0 0 0 0 Activity From - To Amount Design Total Budgetary Cost Estimate Total Non-Programmed Costs Total Programmed Costs 07/99-12/99 80,000 80,000 0 80,000 Funding Source Amount 1999 Charter Bonds Total Programmed Financ!ng Future Funding Requirements 80,000 80,000 0 Fi:4cal Year 1999-2000 I · 2 Schools 11/1~/~ lb:51 ~i['80l 47" 5680 VA B CiTY PUBLIC ~ JOHN KALOCAY ~001/002 City of Virginia Beach October 29, 1998 Mr. James K. Spore City Manager City of Virginia Beach Municipal Center Virginia Beach., VA 23456 Dr. Timothy R. Jenney Superintendent of School Virginia Beach City Public Schools Schoo.I Admirfistration Building Municipal Center Virginia Beach, VA 23456 Re: Seatack Elementary School Dear Gentlemen: The police department has identified a need for a new' training facility for a number of yeazs. Eflbrts to fund this facility through the capital improvement projects have been unsuccessful due to higher priorities and other needs. It is indisputable that training in the area of law enforcement is a major necessity. We feel we have come up with a potential solution to both our agencies training needs. This solution would utilize the old Seatack Elementao' school as a joint law enforcement training center. Some of the advantages we see are as follows: 1. A cost saving of millions of dollars to our tax payers. The facility itself with its classrooms, gymnasium and auditorium is ideally suited for training. Maintaining Seatack Elementary school in its original state and function would nol detract from the historical perspective it has in the communi:y. Providing an additional opportunity toward a police presence in our community policing approach, to include a police athletic league function with the neighborhood children. 1.5 I.RGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE MEMORANDUM John S. Kalocay Assistant Superintendent Administrative Support Services TO: FROM: Dr. Timothy R. Jenney Superintendent John S. Kalocay Assistant Superintendent SUBJECT: Proposed Uses of Linkhorn Park and Seatack Elementary Schools As you know, the original Linldmrn Park Elementary School and Seatack Elementary School will be vacant once construction of Cooke Elementary School and the new Seatack Elementary School conclude this fall, and the schools move into the new structures in January, 2000. As part of a process to evaluate these two facilities for future uses, the Department of Administrative Support Services received input from the Cabinet for possible uses. In addition, the City's Facilities, Land and Commons Policies Committee of the City of Virginia Beach recommended that the availability of the schools be advertised to solicit proposed uses from city departments. Attached is a list of proposed uses of Seatack and Linkhorn Park. 1.5 LIST OF I'ROPOSED SCHOOL USES OF SEATACK AND LINKHORN PARK SEATACK: Administrative offices for the Office of Transportation Services Office space for special education itinerant teachers, social workers and visiting teachers LINKHORN PARK: Training facilities for the Office of Food Services Technology training laboratories to assist the school division in preparing over 6500 employees to pass a test certifying mastery of the Technology Standards for Instructional Personnel Training classrooms to assist the Office of Organizational Deve!opment in training staff members in strategic planning; realignment of plans and functions according to the Malcom Baldridge model; diversity training; and the principles and practice of Total Quality Management An alternative education site for students Relocation site for schools that must be temporarily closed for major renovations 1.6 LIST OF I'ROPOSEI) CITY USES OF SEATACK AND LINKHORN PARK SEATACK: City/schools record storage center Relocation site of the Virginia Beach Free Health Clinic Relocation site of the city detoxification center Relocation site of the resort maintenance offices and equipment yard for the department of Public Works and General Services Relocation site of the Emergency Medical Services Administrative offices A recreational facility Satellite parking for the oceanfront Educational center for the Marine Science Center Training facilities for the Virginia Beach Police Department LINKHOILN PARK: · Sell property for commercial/housing purpose · A recreational facility · A satellite municipal center school for the arts 1.7 OLD LINKHORN PARK ELEMENTARY' SCHOOL Address: Site Size: Building Size: Building Age: Audited Program Capacity: Cm~'ent Zoning: A1CUZ: Building Availability: Facility Constraints: Possible Uses: General: 1413 Laskin Road Virginia Beach, VA 23541 +12.785 Acres 43,711 Square Feet 1955 530 A- 12 (Apartment District) Noise Zone - 75 dB Ldn or greater, zone of highest intensity January 2000 The facility contains a great deal of asbestos transite panels, which will require abatement during a major renovation. Educational, office, commercial, potential sale Linkhorn Park originally opened in 1955, received a classroom addition in 1960, and a gymnasium in 1982. There have not been any significant capital improvements at Linkhorn Park in the past fifteen years, and none are planned. The floor plan is similar to Woodstock Elementary School. II.1 City of Virginia Beach Virginia Fiscal Year 1999-2000 thru 2004-2005 Capital Improvement Program Projec! # and Title: 1-230 Alternative Use Study-Old Linkhorn Park and Seatack CIP Section: Schools Business Area: Quality Education for Lifelong Learning JPriority: C Total Total Budget Unappropriated Subsequent Years Future Programmed Appropriations Yea[~ I Year 2 I Year 3 I Year 4 t Year 5 I Year 6 I Funding Funds ToDate FY1999-00 FY2000-01 j FY2001-02 J FY2002-03I FY2003--04 J FY2004-05 JRequirement 7his project will provide for an assessment/evaluation of potential future uses of the existing Linkhom Pad-; and Seatack -~---I elementary schools. 1 The existing Linkhorn Park and Seatack elementary schools will no longer be occupied by students and staff as of January 2000. Potential alternative uses of these facilities need to be evaluated. New project in FY 1999-2000. Basis for Estimate FY 1999-00 FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 FY 2004-05 0 0 0 0 0 0 Activity From - To Amount Design Total Budgetary Cost Estimate Total Non-Programmed Costs Total Programmed Costs 07/99-I2/99 80,000 80,000 0 80,000 Funding Source Amount 1999 Charter Bonds Total Programmed Financing Future Funding Requirements 80,000 80,000 0 Finc,'~l Year 1999-2EI0fl ]~]~ 2 Schools I.RGINIA BEACH CiTY PUBLIC SCHOOLS AHEAD OF THE CURVE MEMORANDUM John S. Kalocay Assistant Superintendent Administrative Support Services TO: FROM: Dr. Timothy R. Jenney Superintendent John S. Kalocay Assistant Superintendent SUBJECT: Proposed Uses of Linkhorn Park and Seatack Elementary Schools As you know, the original Linkhorn Park Elementary School and Seatack Elementary School will be vacant once construction of'Cooke Elementary School and the new Seatack Elementary School conclude this fall, and the schools move into the new structures in January, 2000. As part of a process to evaluate these two facilities for future uses, the Department of Administrative Support Services received input from the Cabinet for possible uses. In addition, the City's Facilities, Land and Commons Policies Committee of the City of Virginia Beach recommended that the availability of the schools be advertised to solicit proposed uses fi'om city departments. Attached is a list of proposed uses of Seatack and Linkhorn Park. 11.3 LIST OF PROPOSED CITY USES OF SEATACK AND LINKHORN PARK SEATACK: City/schools record storage center Relocation site of the Virginia Beach Free Health Clinic Relocation site of the city detoxification center Relocation site of the resort maintenance offices and equipment yard for the department of Public Works and General Services Relocation site of the Emergency Medical Services Administrative offices A recreational facility Satellite parking for the oceanfront Educational center for the Marine Science Center Training facilities for the Virginia Beach Police Department LINKHORN PARK: · Sell property for commercial/housing purpose · A recreational facility · A satellite municipal center · A school for the arts 11.5 LIST OF PROPOSED SCHOOL USES OF SEATACK AND LINKHORN PARK SEATACK: Administrative offices for the Office of Transportation Services Office space for special education itinerant teachers, social workers and visiting teachers LINKIIORN PARK: Training facilities for the Office of Food Services Technology training laboratories to assist the school division in preparing over 6500 employees to pass a test certifying mastery of the Technology Standards for Instructional Personnel Training classrooms to assist the Office of Organizational Development in training staff members in strategic planning; realignment of plans and functions according to the Malcom Baldridge model; diversity training; and the principles and practice of Total Quality Management An alternative education site for students Relocation site for schools that must be temporarily closed for major renovations II .4 OLD DONATION CENTER Ad&ess: Site Size: Building Size: Building Age: Audited Program Capacity: Current Zoning: AICUZ: Building Availability: Facility Constraints: Possible Uses: General: 1008 Ferry Plantation Road Virginia Beach, VA 23455 +13.158 Acres 53,111 Square Feet 1965 375 B-2 (Community Business District) Noise Zone - less than 65 dB Ldn N/A None Educational, office, possible sale The Old Donation Center for Gifted and Talented originally opened in 1965 as Old Donation Elementary School. It was converted to a center for the gifted and talented in 1979. Recent capital improvements include the addition of a gymnasium in 1994 and a new roof in 1996. The facility is scheduled to receive funding for a modernization in 2005-06. The floor plan is one of the twenty-two "Waller prototype" plans in the division. III.1 BAYSIDE 6TM GRADE CAMPUS FOILMER ARAGONA ELEMENTARY SCHOOL Address: Site Size: Building Size: Building Age: Audited Program Capacity: Current Zoning: AICUZ: Building Availability: Facility Constraints: Possible Uses: General: The Bayside 6th Grade campus 4722 Jericho Road Virginia Beach, VA 23462 + 13 Acres 43,911 Square Feet 1957 774* R. 7.5 (Residential) Noise Zone - less than 65 dB Ldn January 2001 None Educational, office, possible sale originally opened in 1957 as Aragona Elementary School. The facility was converted to the Adult Learning Center in 1984, and converted to the Bayside 6th Grade Campus in 1992. The facility will house Bayside Elementary students through January 2001. The most recent capital improvements were the addition of a gymnasium in 1992 and a new roof in 1995. The facility is scheduled to receive funding for a modernization in 2007-08. The floor plan is the "three finger" plan similar to King's Grant, Thoroughgood, and Kempsville Meadows Elementary Schools. *Based on nfiddle school programming (1998/99) IV.1 CENTER FOR EFFECTIVE LEARNING Address: Site Size: Building Size: Building Age: Audited Program Capacity: Current Zoning: AICUZ: Building Availability: Facility Constraints: Possible Uses: General: 233 North Witchduck Road Virginia Beach, VA 23462 +18.77 Acres (includes School Plant) 66,064 Square Feet 1946 N/A I-1 (Light Industrial) Noise Zone - less than 65 dB Ldn N/A The facility is physically connected to our School Plant maintenance building Educational, office, light industrial The facility originally opened in 1946 as an expansion to the Princess Anne County Training School and was called Union Kempsville High. School. Six classrooms were added in 1959 and a stadium was built in 1966. The facility was converted to the Center for Effective Learning in the early 1980's. Recent capital improvements include a roof replacement in 1989, and replacing the boiler in 1999. The HVAC system is scheduled to be replaced ($625,000) in the smnmer of 2000, the gymnasium floor replaced ($125,000) in 2002-03, the gymnasium bleachers replaced ($75,000) in 2003-04, and the auditorium seating replaced ($75,000) in 2004-05. 1941 KEMPS LANDING MAGNET SCHOOL Address: 525 Kempsville Road Virginia Beach, VA 23464 Site Size: ±12.32 Acres (includes ±4.6 acre ball field site across Kempsville Road) Building Size: 55,748 Square Feet Building Age: 1941 Program Capacity: 6O5 Current Zoning: R7.5 (Residential) AICUZ: Noise Zone - less than 65 dB Ldn Building Availability: N/A Facility Constraints: Site is split by Kempsville Road. Access is difficult and facility's second floor is not ADA accessible. Possible Uses: Educational, office, possible sale of one or both parcels General: Kemps Landing Magnet School originally opened in 1941 as Kempsville High School. A gymnasium was built in 1949 and sixteen classrooms were added in 1959. Facility was later converted to an elementary and an intermediate school before housing the current middle school magnet program in 1994. The facility is scheduled to receive an elevator as well as enu'ance and rest~'oom modifications (+$250,000) during the summer 2000. Additionally, the gymnasium floor (±$125,000) is in need of replacement. VI.1 1972 TECHNICAL AND C~ER EDUCATION CEb-VI'ER Address: Site Size: Building Size: Building Age: Program Capacity: Current Zoning: AICUZ: Building Availability: Facility Constraints: Possible Uses: General: 2925 North Landing Road Virginia Beach, VA 23456-2499 4-24.65 Acres 118,040 Square Feet 1972 N/A PD-H1 (Planned Development Housing) Noise Zone - 65-70 dB Ldn N/A None Educational, office The Technical & Career Education Center originally opened as Vo-Tech in 1972. Recent capital improvements include a new roof in 1993 and replace~nent of the HVAC syste~n in 1999. The facility will be impacted by the opening of the Advanced Technology Center in the Winter/Spring of 2002. VII.1 City of Virginia Beach Virginia Fiscal Year 1999-2000 thru 2004-2005 Capital Improvement Program Project fl and Title: 1-097 Central Academy/Tech & Career Ed Cfr Consolidation Study CIP Section: Schools _____ Business Area: Quality Education for Lifelong Learnin9 Priority: C Total Total Budget Unappropriated Subsequent Years Future Programmed Appropriations Year I Year 2 Year 3 Year 4 Year 5 Year 6 Funding Funds To Date FY 19994)0 FY 20004)1 FY 2001-O2 FY 20024)3 FY 2003-04 FY 2004-05 Requirement 75,000 I 0 0 75,000 0 0; 0 0 ~-- t his project will evaluate the potential for moving the Virginia Beach Central Academy program into the existing Technical & Career Education Center sometirne after the opening of the Advanced Technical Center in September 2001. This project will also evaluate the potential disposition of the facility which houses the Central Academy. '1 ~e planned opening of a new Advanced Technical Center in September 2001 presents an opportunits' to evaluate our space utilization of both of these facilities. New project. Basis for Estimate FY 1999-00 FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 FY 2004-05 0 0 0 0 0 0 Activity From - To Amount Funding Source Amount Design 07100-06/01 75.000 2000 Charter Bonds 75,000 Total Budgetary Cost Estimate 75,000 Total Programmed Financing 75,000 Total Non-Programmed Costs 0 Future Funding Requirements 0 Total Programmed Costs 75,000 Fin,'al Yr,~r 19nq-?nnrl VIZ. 2 Schools CENTRAL ACADEMY Ad&ess: Site Size: Building Size: Building Age: Program Capacity: Current Zonh~g: AICUZ: Building Availability: Facility Constraints: Possible Uses: General: 273 North Witchduck Road Virginia Beach, VA 23456-6582 +10.989 Acres 149,578 Square Feet 1980 360 B-2 (Business) Noise Zone - less than 65 dB Ldn N/A Asbestos present in areas previously used for storage. Educational, office, possible sale This facility was originally constructed in the late 1950's as GEX, and was converted to the Career Development Center in 1980. The facility received a new roof in 1993, and minor interior renovations in 1998. The facility is scheduled to receive an HVAC upgrade ($775,000) in 2001-02. VIII.1 City of Virginia Beach Virginia Fiscal Year 1999-2000 thru 2004-2005 Capital Improvement Program Project fl arid Title: 1--097 Central Academy/Tach & Career Ed Ctr Consolidation Study CIPSection: Schools Business Area: Quality Education for Lifelong Learning 'lotal Total Budget Unappropriatedt Subsequent Years Programmed Appropriations Year I Year 2 I Year3 Year 4 Year 5 Funds To Date FY 1999-00 FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 75,000 0 0 75,000 01 0 0 Year 6 FY 2OO4-05 Priority Ibis project ,,,,,ill evaluate the potential tor moving the Virginia Beach Central Academy program into the existing Technical & Career Education Center sometime after the opening of the Advanced Technical Center in September 2001. This project will also evaluate the potential disposition of the facility which houses the Central Academy. fie planned opening of a new Advanced Technical Center in September 2001 presents an opportunity to evaluate our space utilization of both of these facilities. ~e.'.r ;'~ Oj~Ct. Basis for Estimate FY 1999-00 FY 2000~1 FY 2001~2 FY 2002~3 FY 2003~4 FY 2004~5 0 0 0 0 0 0 Activity From - To Amount Design Total Budgetary Cost Estimate Total Non-Programmed Costs Total Programmed Costs 07/00-06/01 75,000 75,000 0 75,000 Funding Source Amount 2000 Charter Bonds Total Programmed Financing Future Funding Requirements 75.000 75.000 0 Fiscal Year 1999-2000 VIII. 2 School~ F °]°eD° ° ° It is recommended that the disposition of the eight facilities in the report be broken down into three phases, with timetines for recommendations as outlined below: Phase I Old Seatack and Linkhorn Park elementary schools and Kemps Landing Magnet Time Frame Provide a recommendation to the School Board by December 1, 1999, regarding the disposition of these three facilities. Utilize CIP 1-230 Alternative Use Study Old Linkhorn Park crud Seatack as an evaluation tool. Recommend that the School Board on September 7, 1999, request that City Council transfer $40,000 from C~.project 1-057 Various Schools Additions into CI~ 1-230, and that the project scope be modified to include an assessment of Kemps Landing. Phase II Technical & Career Education Center and Central Academy Time Frame Provide a recommendation to the School Board by December 1, 2000, regarding the disposition of these two facilities. Utilize CI? 1-097 Central Academy/Technical & Career Education Co,solidatio~z Study as an evaluation tool. This will allow for a timely transition into the new Advanced Technology Center in the Winter/Spring of 2002. Phase III Old Donatiou Center, Center for Effective Learning, and Bayside 60, Grade Campus Provide a recommendation to the School Board by June 1, 2001, regarding the disposition of these three facilities. IX.1 63 SCHOOL PROPERTY § 22.1-130 title i~ not rendered bad. 1951-52 Op. Att'y Gen. 14Z Former § 22-150 was applicable ¢o condemnation proceed- ings initSa t*-d by the school board. 1971-72 Op. Att.'y C, en. 341. It is not the obligation of the Commonwealth's attor- ney to assist the ~chool board in all mntt~rs relating to the acquisition of r~al property. 1971-72 Op. Att'y Gen. 341. A r~xh~ol board has authority to retain the ser-~ices of atn attorney other than the Com_rnonwe~alth'g attorney tn represent it in condemnation proceedings brought by it for ~ acrluisitlon of real property. 1971-72 Op. Att'y Gen. 341. ~ of land encttmh-ered by deed of trust. -- A school board is not prohibited from purchasing land encum- bered by deed of trust where the Board will not assume the mort. g-age. L~,.a--~ Op. Att'y Gen. 268. § 22..1-12~. Surplus real property; sale, e~change or lease of real and personal property. -- A. Whenever a school board de- termines that it has no use for some of ilk real propertS; the school board may sell such prop- erty and may retain al/ or a portion of the proceeds of such sale upon approval of the local governing body and afLer the school board has held a pubhc hearing on such sale and retention of proceeds, or may convey the title to such real paper19- to the county or ci19- or town compr/s- lng the school di~Ssion or, if the school tidy/sion is composed of more than one county or c/ty, to the county or 6t9' in which the property is located. To convey the title, the school board shall adopt a resolution that such real property is sm-plus and shall record such resolution a]or~ with the deed to the property with the clerk of the circuit court for the mtmty or city where such property is located_ Upon the recording of the resolution and the deed, the title shall vest in the appro- priate county,-city or to~wn. Ifa school board sells surplus rem property, a capital improvement fund shah be established by such school board and the proceeds of such s~zle reta_hSe~ by the school board shall accrue to such capital improvement fund. The capital improvement fund shall only be used for new school construction, school renovation, and ma- jor school maintenance projects. B. A school board.shall have the power to e~change real a_nd personal property, to lea.se real and personal property either as lessor or lessee, Lo grant easements on real property, to ebnvey real property in'trUst to sectzre loans, to convey real pro~rty to adjust the boundaries of the' property a.nd to sell personal properly in such manner and upon such terms as it deems proper. As lessee of real pmp.erty, a sdmol board shall have the power to exPend funds for capita2 repairs.and knprovemenLk on such property, if the lease is for a term equal Lo or longer than the usbful life of such repairs or improvements. C. Notwithstanding the pro;dsions ofsubsec- tior~ A and B, a school board shall have the POwer to sell vocational education projects and a~ociated land pursuant to § 22.1-234. (Code 1950, § 22-161; 1968, c. 261; 1973, c. 220; 1980, c_ 559; 1989, c. 102; 1991, c 298; 1995, c. 513.) The 1995 amendment, in r.i~bc, ocOon A. in the first ~n- ~. in-~ %he ~1~1 I~nrd /nay ~11 ~ch pt~[~ and may t~in MI or a ~,~ion of the p~k~ ~ ~uch ~le u~n approval of the local governing body and a0.~r the r, chool Board has held a publSc hearing on such *oale and re~ntion of proceec~, or may convef' and deleted 'shall be conveyed' followSng'~uch rea] property'; added the .q. econd paragraph of the sub~*ztion; ~md ~ubstituted 'if the lea.*e' for 'pro~'ided that the lea.~' nezr the end of the second .*entenee of subsection B. Sale of property Io~-t by ~everslon. -- To conclude that the stat-ute autbor4~i~g the sale or excha~nge of ~,c_hool prop- erty mean_~ that the r~ool board could z~ll or exchange property which it has lost by reversion would be fardca.L School B& v. Buford. 140 Va. 173. 124 S.E. 286 (1924) (decided under prior Law). OPINIONS OF TttE ATTOR2qEY GENERAL Decision to .~ell r, chool property lies with'boar& -- Authority to detea-mine whether or not properW devoted to school purposes r~b<mld be, ~ld or retained is ye:stol in the local school board_ 19~g~9 Op. AtI'y Gen. 209. City comacil n~-d not concur in decision of r~n~ol board to dispor~ of r,.e..hool property. -- ~ l~CW:>g-69 Op. A~'y Gem 209. A school board may not convey r. eho~l proi>er~ to State withou~ eons4deration. 19~3-64 Op. Ati'y Gen. 2G8, But ~-upe2wS~or~ my ~onvoy prol~r-ty to board without consideration_ -- The board of may convey property to the .~-,~1 board without the school Board being requir~ to pay the county a cor~ideration therefor. Thia is a me~e transfer o£the title Lo' prol>'_rty by.th& Board of supervi_qo~ to another agency of' the county to used for a public purlx~e. 1~ Op. Att'y Gem 32. And r,c. hool board my convey surplu~ school prop- erty tx~ board of ~l>~m4~or~ without com~idmdon_ 1904-65 Op: At~y ~ 290. For another opinion ~ to conv~,- ~nee ofml propm'ty b7 r, cbool tx~rd to county, ~e~ Tearing down builAi-z which cannot be ~ f~r school purpo~ -- A school boa~'d may ~ down a bm3. d- lng which is in such d/s~pair that it cannot be us~' for s~hool purl>os~ 1970-~ Op~ Art')' Gem 335. Them wa~ no ~raiting l~riod provided by £orm~r § 2:2- 161 or § 15.1-g62 be/'or~ prt~e~ling to sell .*~clnool prol>¢rty. 1958-59 Op. A~y ~ Proeu'-eds of r,~l¢ of ~ool proper%.: -- Alt.hough it was formerly raled that mot>eps rtx-~ived from the ~ale of prope~cy could g~ into the ~hool fund subject to the control the smhool boar~t, due tn the amendment of§~ 15.1-160 and 15.1-162 by tbe 1.¢59 Slx~ial .Session. all public moneys collectod by the cotmD' are now ~ubj~ct to the appropriation power of' the grrver-aing body. 1959-60 Op. Att'y Gem 301. § 22.1-130. Authority bo acquire prop- erty from United States or any agency thereof. -- A_ Notwithstanding the provisions of .any other law or of any charter or any ordinance, any school board may, by resolution, authorize the gcquisiGon and purchase from Unit~t 'States or any agency thereof of any equ/pmenk, supphes, materials, or o~er prop- erty, real or personal, in such manner as such school board may determine. B. It is the purpose of this section to enable school boards to se~u-e from time t~ time promptly the benefits of acquisitions and pur- chases as authorized by this section, to Md them in 2securing advantageous purchases, to prevent unemployment and thereby, to assist kn promo- tion o£ publ/c welfare and to these ends school boards shall have power to do all'things neces~ sary Or convenient to carry out such purpose, in addition tb the expressed: poz:er conferred by this secticr~ ~Fnis section is rcmedial in nature X.1 Item V-~. 6. - 23 - ORDINANCES ITEM # 45484 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ,4PPROVED: License Refunds - $26,131.43 Voting: 11-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and,4. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None September 28, 1999 FORM NO C.A. 8 REV 3/86 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID ASKEW SERTONIUS DONYEL CAGLE SOMPONG M ENERGY PRO INC INFORMATION INTEGRATION INC INTERNATIONAL MEDIA SERVICE INC SALVATORE CHRIS NOEL STANFIELD ETHAN E 09/07/99 AUDIT 10.00 0.50 10.50 09/01/99 AUDIT 10.00 0.00 10.00 09/01/99 AUDIT 287.94 48.05 335.99 1999 08/16/99 40.00 0.00 40.00 09/07/99 AUDIT 17,962.73 1,974.19 19,936.92 1999 01/12/99 80.00 0.00 80.00 1999 07/11199 59.42 0.00 59.42 This ordinance shall be effective from date of adoption. The above abatement(s) totaling City of Virginia Beach on the '1 Commissioner of the Revenue City Attorney $20,472.83 were approved by the Council of the 28 September 99 day of ,19 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE YEAR PAID BASE INTEREST TOTAL ABACUS BUSINESS SERVICES INC ABLER COMMUNICATIONS INC ADA TECHNOLOGIES INC ASSURED CONSTRUCTION INC ATR HOLDINGS LTD B JS WHOLESALE CLUB INC BUBLICK RONALD G CHESAPEAKE SQUARE INC EL AZTECA CORP 5 S CORPORATION THE G & F CONVENIENCE INC HAMPTON ROADS CONVENIENCE STORE OCEAN SANDS RESORT LLC PRECAST CONCEPTS INC SMB RESTAURANTS LLC WALKER LINCOLN & EVA 08/30/99 AUDIT 1,224.61 142.81 1,367.42 08/26/99 AUDIT 54.48 37.38 91.86 08/27/99 AUDIT 10.00 0.00 10.00 08/26/99 AU DIT 396.19 127.34 523.53 08/26/99 AUDIT 133.71 0.08 133.79 08/27/99 AUDIT 210.04 19.02 229.06 08/17/99 AUDIT 10.00 2.25 12.25 1999 08/31/99 72.65 0.00 72.65 1999 08/31/99 50.00 0.00 50.00 08/06/99 AUDIT 1,009.56 25.23 1,034.79 08/16/99 AUDIT 1,602.69 200.26 1,802.95 1999 08/31/99 127.30 0.00 127.30 1999 04/01/99 100.00 3.00 103.00 08/26/99 AUDIT 50.00 0.00 50.00 1999 09/01/99 10.00 0.00 10.00 1999 08/10/99 40.00 0.00 40.00 This ordinance shall be effective from date of adoption. The above abatement(s) totaling City of Virginia Beach on the $5,658.60 28 Certified as, to P,9~n~.' Philip Z'. Kefla'm"- ' - Commissioner of the Revenue 'L'~slie L. Lilley City Attorney were approved by the Council of the day of September ,19 99 Ruth Hodges Smith City Clerk Item V-K. - 24 - PLANNING ITEM ii 45485 1. GARY BUILDERS, INC. STREET CLOSURE 2. LOTUS CREEK ASSOCIATES VARIANCE 3. RAHN McLA WHORN VARIANCE 4. RH BUILDERS, INC. MODIFICATION OF CONDITIONS COZ from R-SD TO Conditional R-SD with a PD-H.2. Overlay(January 12, 1999) 5. CORNELIUS F. AND ANTONINA S. BOL TON CONDITIONAL USE PERMIT 6. CH PARTNERS, L.P. CONDITIONAL USE PERMIT 7. ATLANTIC SHORES BAPTIST CHURCH CONDITIONAL USE PERMIT 8. DA VID P. MAHER - MOTOR SPORTS, INC. CONDITIONAL USE PERMIT 9. WENDELL C. FRANKLIN CONDITIONAL CHANGE OF ZONING 10. CITY OF VIRGINIA BEACH AMEND SECTION 211 OF THE CZO Repeal durational limits for political campaign signs. September 28, 1999 - 25 - Item V-K. PLANNING ITEM # 45486 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED IN ONE MOTION the CONSENTAGENDA: Items 1, 3, 4, 5, 6, 7, 8, 9 and 10 (DEFERRED INDEFINITELY). Items 5 and 8 were APPROVED, BY CONSENT, with additional conditions. Item 10 was DEFERRED INDEFINITELY. Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None September 28, 1999 - 26- Item V-K. 1. PLANNING ITEM # 45487 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of GAR Y B UILDERS, INC.,for the discontinuance, closure and abandonment ora 25-foot unnamed street: Application of Gary Builders, Inc. for the discontinuance, closure and abandonment of a 24-foot wide unnamed street located 150feet more or less north of the intersection of Connie Lane and Baker Road as shown on the certain plat entitled "Resubdivision Plat of Property owned by Gary Buildings, Inc. "recorded in Map Book 260, Page 9 (GPIN #1468- 60-3174) (BA YSIDE - DISTRICT 4) The following conditions shall be required: The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding purchase of City's Interest in Streets Pursuant to Street Closures, "approved by City Council. Copies of the policy are available in the Planning Department. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. The applicant is required to verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If not, the approval will be considered null and void. Voting: 11-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None September 28, 1999 -27- Item V-K.2. PLANNING ITEM # 45488 Al Abiouness, Engineer and General Partner - Lotus Creek Associates, , 4505 Colley Avenue, Phone: 487- 7040, represented the applicant and reiterated the history of the project. On May 19, 1980, the application of SANDBRIDGE ROAD ENTERPRISES for a Change of Zoning from AG-1 to R-8 and a Conditional Use Permit for a golf course were approved. In May 19, 1986, an application of LOTUS CREEK ASSOCIATES for a Change of Zoning from AG-2 to R-4 and from R-8 to PD-H2 for 300 units on this site was approved The Wetlands Act came in to being in 1986 and the applicant has spent from 1986 to 1991 to develop the property within these guidelines. On December 17, 1991, the City Council granted a modification to the original land use plan. In 1994, the Board of Zoning Appeals approved granting the fill in the Phase I study, which has been implemented. Upon motion by Council Lady Henley, seconded by Vice Mayor Sessoms, City Council DEFERRED INDEFINITELY Ordinance upon application of LOTUS CREEK ASSOCIA TES for a Variance to Section 5B of the Site Plan Ordinance, Floodplain Regulations: Ordinance upon application of Lotus Creek Associates, for a Variance to Section 5B of the Site Plan Ordinance, Floodplain Regulations, on certain property located on Lotus Creek Drive, 2 70 feet south of Camino Real South. PRINCESS ANNE - DISTRICT 7. This deferral will enable the applicant to meet the criteria which the Planning staff has developed for evaluating floodplain variances, which includes the floodplain hydrology study and floodplain mitigation plan. Fill within the floodplain must be mitigated 100%, to result in no decrease in flood storage. Fill within the floodplain must be limited to the smallest possible amount of area and fill beingproposed (guideline 5% minimum). Mitigation must be on-site (100%). Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara 3/1. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. 3/1. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None September 28, 1999 - 28 - Item V-K. 3. PLANNING ITEM # 45489 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED the application of RAHN McLA WHORN for a Variance to Section 4. 4(b) of the Subdivision Ordinance which requires that aH newly crated lots must meet aH requirements of the City Zoning Ordinance (CZO): Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Rahn McLawhorn. Property is located at 925 East Sparrow Road (GPIN #1447-91-3418). CENTERVILLE - DISTR[CT1. The following conditions shall be required: 1. A preliminary and final plat shah be submitted to the Development Services Center for approval and recordation. 2. Site plans for the two lots shah also be submitted to the Development Services Center for approval The only land disturbance allowed within the Chesapeake Bay Preservation Area (CBPA) buffer is the removal of the existing structure, the removal of the existing asphalt drive and the construction of the proposed gravel drive. Buffer restoration utilizing bayscape landscapingprinciples, equal to the amount of land disturbance within the Chesapeake Bay Preservation Area (CBPA) buffer shah be provided downslope of land disturbance. Voting: 11-0 (By Consen0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None September 28, 1999 - 29- Item V-K. 4. PLANNING ITEM # 45490 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED the application RH B UILDERS, INC.,for the MODIFICATION OF CONDITIONS on the Change of Zoning District Classification from R-SD Residential Duplex District to Conditional R-SD with a PD-H 2 Planned Unit Development District Overlay granted on January 12, 1999 on property located on the North side of Kempsville Road, 450feet West of Centerville Turnpike (CENTERVILLE- DISTRICT 1). Condition #3 shall be revised as follows: 3. The minimum side yard setback adjacent to the southern property line will be lO feet. Voting: 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, II[, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara 3,t. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None September 28, 1999 Item V-K. 5. -31 ~ PLANNING ITEM # 45491 (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 Twenty-eighth of September, Nineteen Hundred and Ninety-Nine Voting: 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None September 28, 1999 Item V-K. 5. - 30- PLANNING ITEM # 45491 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon Application of CORNELIUS F. and ANTONINA S. BOYNTON for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF CORNELIUS F. AND ANTONINA S. BOYNTON FOR A CONDITIONAL USE PERMIT FOR AUTOMOBILE SALES AND SERVICE R09992296 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Cornelius F. and Antonina S. Boynton for a Conditional Use Permit for automobile sales and service at the Southeast corner of Virginia Beach Boulevard and North Witchduck Road (GPIN #1467-85-6657). Said parcel is located at 5085 Virginia Beach Boulevard and contains 18,531 square feet. KEMPSFILLE - DISTRICT 2. The following conditions shall be required: 6. 7. 8. No more than 33 vehicles shall be permitted for display on this property. Landscaping shall be installed as shown on the submitted site plan entitled, "Revised Site Development Plan for CUP, Charlie Falk's Auto }Vholesalers, "dated 28 July 1999, which has been exhibited to the City Council and is on file with the Planning Department. The two entrances on Witchduck Road shall be replaced with one entrance as depicted on the site plan referenced above. The building shall be constructed as shown on the submitted elevation entitled, "Charlie Falk 's Auto Wholesalers, "dated 12 May 1999, and colors and building materials shall be as depicted in the submitted photograph, both of which have been exhibited to the City Council and are on file with the Planning Department. All auto repair must take place inside the building. No outside storage of equipment, parts or materials shall be permitted. All lighting shall be directed toward the interior of the site. No cars shall be located within the public right-of-way. No outside speakers shall be permitted. September 28, 1999 - 32 - Item V-K. 6. PLANNING ITEM # 45492 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of CH PARTNERS, L.P., for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF CH PARTNERS, L.P., FOR A CONDITIONAL USE PERMIT FOR AN OPEN SPACE PROMOTION R09992297 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CH Partners, L.P., for a Conditional Use Permit for an open space promotion on certain property located on the south side of Indian River Road, east of Hillcrest Farms Boulevard (GPIN #1474-80-45 59). Saidparcel is located at 3889Indian River Road and contains 99. 9 acres. CENTER VILLE- DISTRICT 1. The following conditions shah be required: The applicant shah develop the site in substantial accordance with the submitted development plan titled, "Preliminary Subdivision of the White Property", dated 17 February 1999 (revision date of 13 July 1999) and prepared by Basgier and Associates. In addition, the site shah be developed in accordance with the "Landscape Treatment Plan "prepared by Siska Aurand Landscape Architects, Inc., and dated 14 July 1999. The 44.56 acre wetlands area shah be dedicated to the City of Virginia Beach. AH other open space park sites shah be conveyed to a Homeowner's Association. Prior to the recordation of the Articles of Incorporation, Covenants and By- Laws, the applicant shah submit estimates and details regarding the maintenance costs for the open spaces park sites as well as a projected budget for the Homeowner's Association. The improvements proposed for all park sites shah be included in the standard subdivision agreements which will be required prior to the recordation of the final subdivision plats for this development. A forty (40) to forty-five (45)foot right-of-way dedication shall be dedicated along the subject site on Indian River Road to provide for an ultimate 120-foot right-of-way as per the Master Transportation Plan. The exact amount of the dedication will be determined during detailed construction plan review and subsequent to actual field surveys. An approximate thirty foot (30') right-of-way reservation is required along the frontage of the site for road widening associated with the Southeastern Parkway and Greenbelt project. The actual limits (width) of the reservation area shah be determined during detailed construction plan design for this project. The reservation area along Indian River Road is in addition to the limits of right-of-way to be dedicated for the Indian River Road requirement per the Master Transportation Plan, and as noted in Condition 4, a reservation agreement will be required prior to the recondition of any subdivision plats for this development. 6. AH lots which lie adjacent to environmentally sensitive areas, i.e., (Non-tidal wetlands and the Southern Watersheds Management Ordinance - 50-foot buffer) shah be a maximum of 9, 000 square feet in lot area. September 28, 1999 Item V-K. 6. PLANNING - 33 - ITEM # 45492 (Continued) 7. 8. The exact location of the pump station shah be addressed prior to ftnal site design. The overall density for the project shah be 113 lots. All open space/park site areas are to be property cleared, graded, seeded and adequately stabilized prior to the sites being conveyed to the Homeowner's Association. The sites shall be conveyed to the Association only after such time that the control of the Association has been relinquished by the developer or management company and has been given over to the residents of the new development. The open space park sites must be properly accepted by the residents of the subdivision. In addition, all landscaping, fencing, entry features and park area amenities shall also be properly accepted by the Homeowner's Association after such time that the control of the Association has been turned over to the residents This Ordinance shah be effective in accordance with Section 107 (99 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-eighth of September, Nineteen Hundred and Ninety-Nine Voting: 11-0 (By Consen0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara 3/I. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. 3/1. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None September 28, 1999 Item V-K. 7. PLANNING - 34 - ITEM # 45493 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of ATLANTIC SHORES BAPTIST CHURCH for a Conditional Use Permit: ORDINANCE UPON ATLANTIC SHORES BAPTIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH EXPANSION R09992298 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Atlantic Shores Baptist Church for a Conditional Use Permit for a church expansion on the east side of Centerville Turnpike north of Kempsville Road (GPIN #1455-83-4152). Said parcel is located at 1861 Kempsville Road and contains 10.56 acres. KEMPSVILLE - DISTRICT 2.. The following condition shall be required: Approval is for the expansion of the parking lot ONLY at this time. It is understood that the rest of the proposed expansion will not go forward until proposed renderings and landscape plans have been received and all issues pertaining to the portable trailers and semi-truck trailers located on the site have been addressed. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-eighth o£September, Nineteen Hundred and Ninety-Nine Voting: 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. 3/1. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None September 28, 1999 - 35- Item V-K.& PLANNING ITEM # 45494 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of DAVID P. MAHER - MOTOR SPORTS, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICA TION OF DA VID P. MAHER - MOTOR SPORTS, INC., FOR A CONDITIONAL USE PERMIT FOR USED MOTOR VEHICLE SALES AND REPAIR R09992299 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of David P. Maher - Motor Sports, Inc., for a Conditional Use Permit for used motor vehicle sales and repair on Lots 12 and 13, Block 11 and on Lot A. Block 11 (GPIN #2407-84-3979, #24- 07-84-3955, #2407-84-4902). Said parcel is located at 1680 Indian Avenue and contains 12.642 square feet. BEACH- DISTRICT 6. The following conditions shall be required: A site plan will be prepared and submitted to the Development Services Center, Planning Department, for review and approval prior to the issuance of a business Hcense. The plan will address all the improvements as required by the ordinances and codes in effect at time of submittal. In particular, the plan will indicate all the landscaping as required by the City Zoning Ordinance and the Site Plan Ordinance. There will be no more than twenty (20) vehicles for sale or service on the site at any one time. All vehicles for sale will be limited to the defined display areas as shown on the submitted site plan titled, "Motorsports Auto Sales, "prepared by Gallup Surveyors & Engineers, Ltd., dated 28 May 1999. 3. All repairs will be performed inside the building. No inoperative or wrecked vehicles will be stored on the site. 4. The hours of operation will be Monday through Friday, 9:00 am to 7:00pm, Saturday 9:00 am to 4:00pm and closed on Sunday. The existing yellow siding on the exterior of the building is acceptable and any new exterior finish shall also be in earth tone colors. 6. An eight-foot (8') high privacy fence shall be installed along the eastern property line with the exception of the front yard area, where such height fence is prohibited by Section 201 (3)(1) of the Zoning Ordinance. The installation of the fence will be in lieu of the Category IV screening as required by Section 903(b) of the Zoning Ordinance, except where the fence is not installed in the front yard area as noted above. Category IV landscape screening shall be installed along the eastern property line in the front yard area. 7. Only monument-style signage shall be used. 8. No outside speakers shall be permitted. This Ordinance shall be effective in accordance with Section 107 (]) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-eighth of September, Nineteen Hundred and Ninetv-Nine September 28, 1999 - 36- Item V-K.& PLANNING ITEM # 45494 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William ~ Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None September 28, 1999 Item V-K. 9. PLANNING -37- ITEM # 45495 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of WENDELL C. FRANKLIN for a Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF WENDELL C. FRANKLIN FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM RT-3 TO CONDITIONAL A-36 Z09991145 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Wendell C. Franklin for a Change of Zoning District Classification from RT-3 Resort Tourist District to Conditional A-36 Apartment District on certain property located at the southeast intersection of North Birdneck Road and PaviHon Drive (GPIN #2417-66-2734, #2417-66-0899, #2417-576-9034). Theproposedzoning classification change to Conditional A-16 is for multifamily residential land use at a density no greater than 165 dwelling units per acre. The Comprehensive Plan recommends use of this parcel for resort uses including lodging, retail, entertainment, recreational and other uses in accordance with other Plan policies. Said parcel contains 8.889 acres more or less. BEACH- DISTRICT 6. The following condition shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-eighth of September, Nineteen Hundred and Ninety-Nine Voting: 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None Item V-K. I O. September 28, 1999 NO, P.S. lB (2ity of Virginia ]=lc. ach I,VTER-OFFICE CORRESPOI~E~¢E In Reply Refer To Our File No. DF-4964 DATE: August 25, 1999 TO: FROM: Leslie L. Lilley DEPT: City Attorney William M. Macali ~ DEPT: City Attorney Conditional Zoning Application - Wendell Franklin, et al The above-referenced conditional zoning application is scheduled to be heard by the City Council on September 14, 1999. I have reviewed the subject proffer agreement, dated July 27, 1999, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WMM/ Enclosure AGREEMENT THIS AGREEMENT, made this 27th day of July, 1999 by and between GIBSON EQUIPMENT COMPANY, INC., a Virginia corporation, owner of the property described in Exhibit A attached hereto, and WENDELL C. FRANKLIN, the contract purchaser of the property described in Exhibit A attached hereto (hereinafter collectively referred to as "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WITNESSETH: WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Grantors' property encompassing 8.889 acres, more or less, located in the Beach Election District of the City of Virginia Beach, Virginia, and more particularly described on Exhibit A attached hereto, from RT-3 to A-36 conditional; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including multi-family purposes, through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the, subject Property and at the same time to recognize the effects of the change and the need for various types of uses, including those listed above, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned A-36 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and Prepared by Mays & Valentine, L.L.P. 4425 Corporation Lane, Suite 420 Virginia Beach, VA. 23462 WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing A-36 zoning district by the existing City Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are 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 subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, 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 of quid pro quo 2 for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property if developed for a use permitted under the A-36 zoning classification, and hereby covenant and agree that these Proffers shall constitute covenants rmming with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When the Property is developed, it shall be developed substantially in the manner depicted on that certain exhibit entitled "Conceptual Site Layout and Landscape Plan of South Beach Apartments, Pavilion Drive, Virginia Beach, Va" dated July 27, 1999 and prepared by MSA, P.C. (the "Site Plan"). A copy of the Site Plan has been exhibited to the City Council and is on file in the Planning Department of the City of Virginia Beach. 2. When the Property is developed, the landscaping, fencing and signage shall be substantially as depicted on that certain exhibit entitled "Conceptual Landscape Details, South Beach Apartments, Pavilion Drive, Virginia Beach, VA." dated July 27, 1999, prepared by MSA, P.C. (the "Landscape Plan"). A copy of the Landscape Plan shall be exhibited to the City Council and is on file in the Planning Department of the City of Virginia Beach. 3. The number of apartment units built on the Property shall not exceed 212 units, which is under the density restrictions of the A-24 apartment district. 4. When developed, the structures containing the apartment units shall be either four-story buildings or three-and four-story split buildings. The building materials, colors and architecture of all the buildings will be substantially as depicted in the exhibit entitled "Conceptual Elevation South Beach Apartments Developer: S. L. Nusbaum Realty" dated July 27, 1999 and prepared by Ballou, Justice & Upton (the "Rendering"). A copy of the Rendering 3 has been exhibited to City Council and is on file in the Planning Department of the City of Virginia Beach. 5. When developed, the structures used for detached garages on the Property shall be one-story structures. The building materials, colors and architecture of the structure will be substantially as depicted in the exhibit entitled "Garage Details" dated July 27, 1999, and prepared by Ballou, Justice & Upton. A copy of this exhibit has been shown to the City Council and is on file in the Planning Department of the City of Virginia Beach. 6. When the Property is developed overall, it shall be substantially as depicted in that certain exhibit entitled "Overall Concept Depiction" dated July 27, 1999, and prepared by Ballou, Justice & Upton. A copy of this exhibited has been shown to the City Council and is on file in the Planning Department of the City of Virginia Beach. Further condi[ions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. 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, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute 4 cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance 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 that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. This Agreement may be executed in counterparts and/or with counterpart signature pages. [SIGNATURES BEGIN ON FOLLOWING PAGE] 5 EXHIBIT A - LEGAL DESCRIPTION Parcels B-I-B-l(6.225 acres), Tract B-1 (0.617 acres), and Tract C-1 (2.047 acres) as shown on plat entitled, ,,Subdivision Plat of Property of Gibson Equipment Company, Inc.," dated April 31, 1996, recorded in Virginia Beach Clerk's Office in Map Book 253, at page 78. SIGNATURE PAGE FOR AGREEMENT DATED NOVEMBER 13, 1998, BETWEEN GIBSON EQUIPMENT COMPANY, INC., WENDELL C. FRANKLIN AND THE CITY OF VIRGINIA BEACH WITNESS THE FOLLOWING SIGNATURES AND SEALS. GIBSON EQUI .~VlENT COMPANY, INC., a Tit ~ ~,'7t'~','9-~ ~ ~-~,._ (SEAL) Wendell C. Frankli~ ~ (SEAL) COMMONWEALTH OF VIRGINIA CITY/COUNTY OF ~ to wit: · . · The fo~rego~n.g instrument was~acknowledged before me thisc3~day of, ~¢.~ , 1~., by, ,~(LL)~ )0. (.~t ~ , as-l-~O%u ^o_w' of Gibson Equipment Co~:~any, Ibc., a Virg"inia corporatioh, on behalf of the company. My Commission Expires: ~ Public COMMONWEALTH OF VIRGINIA CITY OF ~ I(T~,_{.)!/(~ , to-wit: L) The foregoing instrument was acknowledged before me this ~"day o~ 199~, ~ ' _ N~Public My Co~ission Expires: 23112 - 38- Item V-K. IO. PLANNING ITEM # 45496 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED IND E FINI TEL Y: Application of the City of Virginia Beach to AMEND Section 211 of the City Zoning Ordinance (CZO) to REPEAL durational limits for political campaign signs. Voting: 11-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara 3/1. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None September 28, 1999 Item V-L. 1. - 39- APPOINTMENTS ITEM # 45497 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: Michael E. Sawyer 2 Year Term 09/28/99 - 12/31/2001 COMMUNITY POLICY MANAGEMENT TEAM (CASA At-Risk) Voting: 11- 0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None September 28, 1999 - 40- APPOINTMENTS ITEM # 45498 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: Stephen Burke 1 Year Term 01/01/2000 - 12/31/2000 AND, REAPPOINTED: Gerald Divaris Eric Hauser Donald Maxwell Meyera E. Oberndorf 1 Year Terms 01/01/2000 thru 12/31/2000 ECONOMIC DEVELOPMENT ALLIANCE Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None September 28, 1999 Item V-L.3. - 41 - APPOINTMENTS ITEM # 45499 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: John Fletcher Bryant Herbert,4. Culpepper 3 Year Terms 09/01/99 -08/31/2002 PARKS AND RECREATION COMMISSION Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, IlL Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. 3/I. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None September 28, 1999 - 42 - ITEM # 45500 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose: PUBLICLY-HELD PROPERTY: Discussion or consideration of the acquisition, or of the disposition of publicly-held 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). Acquisition/Disposition of Property - Southeastern Parkway Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council voted to proceed into CLOSED SESSION (7:28 P.M.) Voting: 11-0 (Verbal) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessorns, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None September 28, 1999 - 43 - ITEM # 45501 Mayor Meyera E. Oberndorf RECONVEND the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, September 28, 1999, at 7:50 P.M. Council Members Present: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members ~lbsent: None September 28, 1999 - 44 - CER TIFICA TION OF CLOSED SESSION ITEM # 45503 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, 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: 11-0 Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None September 28, 1999 CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to thc affirmative vote recorded in ITEM # 45500, Page 42, 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. Ru~h Hodges SMith, CMC/AAE City Clerk September 28, 1999 - 45 - Item V-O. ADJOURNMENT ITEM # 45504 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:55 P.M. Beverly O. Hooks, CMC/A/IE Chief Deputy City Clerk City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia September 28, 1999