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SEPTEMBER 12, 2000 MINUTESCitv of Vir~inia ~ "COMMUNITY FOR A LIFETIME" CTTY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large O' ! VICE MAYOR W/LLIAM D. SESSOMS, JR., At-Large ~" ~ L/NWOOD O. BRANCH, 1//, Beach - District 6 U ~ MARGARET L. EURE, Centervi/le - District I -'- -- • WILL/AM W. HARRISON, JR., Lynnhuven - District 5 s ~ BARBARA M. NENLEY, Princess Anne - District 7 s9 ~+~ ° ~ LOU/S R. JONES, Buyside - District 4 +r ,, m ' ~~ °` REBA S. McCLANAN, Rose Hall - District 3 oua NPS~ ROBERT C. MAND/CO, JR., Kempsville - District 2 NANCY K. PiARKER, At-Large ROSEMARY W/ISON, At-Large CITYHALL BUILD/NG I 240/ COURTHOUSE DRNE JAMESK.SPORE.CityManager CITY COUNCIL AGENDA ViRG1NlABEACH,VIRGINlA23456-9005 PHONE.• (757) Qz7-4304 LESLIE L. L/LLEY, Ciry Attnrney FAX.• (757) 426-5669 RUTH HODGES-SM1TH, MMC, City Clerk EMAIL: Cn'cncl@cih'.virgrnru-beuch.va.us September 12, 2000 I. CITY MANAGER' S BRIEFINGS - Conference Room - A. Landscape/Sign Ordinance Robert J. Scott, Director of Planning B. Joint Land Use Study James K. Spore, City Manager C. FY 99/00 Revenue Fund Balance Patricia Phillips, Director of Finance II. MAYOR and VICE MAYOR PRESENTATION A. Super Hornet Commission Appointment III. REVIEW OF AGENDA ITEMS IV. CITY COUNCIL COMMENTS V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION ~l0?~~' ?O 23UIL'1~IYl~ Yl D. 6 - s~~oo~ .~~~fnls~7lon 13UIL"1~IYl~ ' 10:00 AM 12:00 AM VI. FORMAL SESSION - School Administration Building No. 6 - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Stanley W. Sawyer All Saints Episcopal Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE iJNITED STATES OF AMERICA D ELECTRONIC ROLL CALL OF CITY COUNCIL ' E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS - August 22, 2000 G. AGENDA FOR FORMAL SESSION The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by Ciry Council to be enacted by one motion. H. PUBLIC HEARINGS 1. Sale of City-owned EXCESS property a. DELAURA LANE (Aragona): b. SOUTH INDEPENDENCE BOULEVARD (Larkspur): (1) ParcelOne: 7.7 acres (2) Parcel Two: 1.08 acres I ORDINANCES 1. Ordinance to ADD Article VI, § 16-39, Spot Blight Abatement, to the City Code re the City acquiring or repairing properties deemed by City Council to be blighted. 2. Ordinances to declare EXCESS PROPERTY and to AUTHORIZE the City Manager to convey same: a. DeLaura Lane (4.07ac-Aragona Village) to Aragona-Pem6rooke Little League, Inc. [$70,000] b. South Independence Boulevard Parcel 1 of 7.687 ac (537 S. Independence Blvd.) to David N. Cohen and Kevin D. Lefcoe [$685,000] c. South Independence Boulevard Parcel 2 of 47,116 sq ft(no known address) to Nelson M. Karp [$50,000] 3. Ordinance to authorize the City Manager to execute a license agreement with the United States of America, Department of the Navy, re use of the satellite highway maintenance yard at NAS Oceana. 4. Ordinances to ACCEPT and APPROPRIATE grants to the FY 2000-2001 operating budget of the Department of Emergency Medicai Services re purchase of defibrillators, supplies and equipment; and, increase estimated revenues accordingly: a. $48,288 from the State Office of Emergency Medical Services b. $ 4,950 as a private donation from the Sentara Foundation Ordinances to TRANSFER funds to the FY 2000-2001 operating budget of the Department of Housing and Neighborhood Preservation: a. $700,000 to provide a no interest loan to acquire and rehabilitate the PINE OAKS APARTMENT COMPLEX b. $200,000 Virginia Beach Community Development Corporation to acquire and rehabilitate housing for low income families 6. REFLTNDS: a. License - $119,586.51 b. Tax -$ 5,379.41 RESOLUTIONS Resolution to APPROVE the issuance of FIRST MORTGAGE REVENUE BONDS, not to exceed $10,000,000, by the Virginia Beach Development Authority re BETH SHOLOM TERRACE for a memory impaired and assisted living project at Auburn Drive and College Park Boulevard. 2. Resolution REFERRING to the Mayor's Special Advisory Commission on E-Government the City Real Estate Assessor's proposal re posting property assessment information on the City's Internet web site and directing the Committee to transmit its recommendation to City Council by November 28, 2000. Resolution to AUTHORIZE participation in the Department of Criminal Justice Services' Certitied Crime Prevention community program, and DESIGNATE the Virginia Beach Crime Prevention Steering Committee as the City's representative. 4. Resolution appointing Paulette Franklin Jenkins to the position ofAssistant City Attorney, effective 16 September 2000. K. PLANNING PLANNING BY CONSENT - To be determined during the Agenda Review Session. Application of the CATHOLIC DIOCESE OF RICHMOND on the west side of General Booth Boulevard 470 north of London Bridge Road, containing 6.290 acres.(BEACH - DISTRICT 6): a. Chan~e of Zoning District Classification from AG-2 Agricultural District to Conditional O-2 Office District b. Conditional Use Permit for an independent living facility for seniors Recommendation: APPROVAL 2. Applications for discontinuance, closure and abandonment of certain streets or alleyways: a. COMMONWEALTH BUILDING COMPANY and TASOS A. GALIOTOS for parcels on Potomac Street, beginning at the western boundary of Garrett Drive, containing 15,600 square feet (ROSE HALL - DISTRICT 3): Parcel 1: The northern 25 feet for a distance or 499.05 feet Parcel2: The southern 25 feet for a distance of 125 feet b. TASOS A. GALIOTOS re the northern 25 feet of Cleveland Street at the western boundary of Garrett Street, containing 6,250 square feet (ROSE HALL - DISTRICT 3). Deferred: August 22, 2000 Recommendation: DENIAL c. IRA L. and HELEN M. FISK, Trustees, re Waring Street on the west side of Avalon Avenue, containing 34,333 square feet. (CENTERVILLE - DISTRICT 1) Recommendation: APPROVAL 3. Application of MARK LEACH for a Variance to the Subdivision Ordinance to legally establish a lot which has no direct street access for the purpose of constructing a single family dwelling re Lot 43A, Alberthas Lane. (ROSE HALL - DISTRICT 3) Recommendation: APPROVAL 4. Application of WAWA, INC. for a Modification to the Green Run Land Use Plant to allow an automobile service station (fuel sales~ in conjunction with a convenience store at the northeast corner of Lynnhaven Parkway and Windmill Point Crescent, containing2.30 acres. (ROSE HALL -DISTRICT 3) Recommendation: APPROVAL Application of TREESTONE BUILDING CORPORATION for a Chan~e of Zonin~ District Classification from R-20 Residential District to Conditional A-12 Apartment District on Site 82 Linkhorn Park (3202 Holly Road), containing 1.183 acres. (BEACH - DISTRICT 6) Recommendation: APPROVAL 6. Application of OCEAN TIDE ASSOCIATES for a Chan~?e of Zoning District Classification from B-4 Resort Commercial District to A-18 Apartment District with a PD-H2 Planned Unit Development Overlay at the southwest corner of Shore Drive and Jade Street on Lots 1 through 8, Block 7, Plat of Lynnhaven Shores, containing 1.02 acres. (LYNNHAVEN - DISTRICT 5) Recommendation: APPROVAL 7. Application of DAVID J. ROGERS for a Conditional Use Permit for motor vehicle sales (automobiles) at the northeast corner of South Military Highway and Alexandria Avenue (792 S. Military Highway), containing 29,914 square feet. (CENTERVILLE - DISTRICT 1) Recommendation: APPROVAL , L. APPOINTMENT.• VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORA TION (I~BCDC) M. UNFINISHED BUSINESS N. NEW BIISINESS O. ADJOURNMENT PUBLIC NOTICE: Due to the renovation of the City Council Chamber: INFORMAL MEETINGS OF THE CITY COUNCIL and PLANNING COMMISSION will continue in the City Hall Conference Room, Building No. 1 FORMAL MEETINGS OF THE CITY COUNCIL and PLANNING COMMISSION will be held in the SCHODL BOARD MEETING ROOM, Building No. 6 (August thru October 2000) 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 impairec~ call: TDD only 427-4305 (TDD - Telephonic Device for the Dea,~ ~~~***~,~~ 09/07/OOslb VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia Septernber 12, 2000 Mayor Oberndorf called to order the CITY MANAGER'S BRIEFING re the Landscape and Sign Ordinance in the Council Conference Room, City Hall Building, on Tuesday, Septernber 12, 2000, at 10: 00 A.M. Council Members Present: Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, and Rosemary Wilsori Council Members Absent: Vice Mayor William D. Sessorns, Jr Linwood O. Branch, III Nancy K. Parker (ENTERED: 1 D: 30 A.M.J ~ENTERED: 10: 08 A.M.J [ENTERED: 10: OS A.M.~ William W. Harrison, Jr. (ENTERED: 10.•35 A.M.J M I N U T E S -2- CITY MANAGER `S BRIEFING LANDSCAPE/SIGN ORDINANCE 10: 00 A.M. ITEM # 47096 Karen Lasley, Zoning Administrator, reiterated the History of Signs: HISTOR Y OF SIGNS Pre-1970 Very little regulation of signs October 29, 1970 Virginia Beach Sign Ordinance ADOPTED: Allowed 24 foot sign heights Allowed Board of Zoning Appeals to approve up to 40 foot sign height if shown that grade, building interference, bridge obstruction and the like existed and interfered with sign visibiliry. September 29, 1986 CZO amended to reduce square footage, number and height of signs Maximum height of 12 feet. February 9, 1987 Removed billboards as a conditional use Through the utilization ofpowerpoint, Karen displayedphotographs depictingsignage on GreatNeckRoad and Virginia Beach Boulevard during the 1980's as compared to the same corner today. The regulations have made a significant difference. Kevin Hershberger, Zoning Inspector - Sign Enforcement, depicted the enforcement areas. ILLEGAL SIGNS REMOVED FROM THE RIGHT-OF-WAY 1998 6, 661 1999 5,618 2000 January 416 February 639 March 607 April 1, 370 May 678 June 410 July 329 August 387 TOTAL THRUAUGUST 2000 4,845 (plus assistance from Housing and Fire Marshall) With the November elections, removal of signage will increase dramatically. Zoning attempts to send companies certified letters informing them of a violation regarding illegal signage. Some companies are extremely hard to find. These companies operate illegally with an address that does not exist. Substantial effort through the Court System was involved to obtain this information through the telephone security system. A certain company in Glen Allen, Virginia, was forwarded a certified letter requesting they cease posting of signs. The company did not and the City Attorney's office then issued a temporary and permanent injunction to cease the violations. On June 2, 2000, the Courts issued a temporary injunction against the company and its president to cease this activity. On August 11, 2000, the President and his company were permanently enjoined from placing these type of signs in the right-of-way. The company was required to remove them if already placed. The company and its president did not appear to respond to the law suits in any of the court cases. Assistant City Attorney William Macali advised this is treated as a violation of the zoning ordinance and is punishable as a criminal violation. An ordinance was recently adopted making many zoning violations civil penalties. The State Code did not permit the City to do that with respect to illegal signs. Therefore, the violators would have to be prosecuted criminally. Any violation of a civil injunction is punishable by jail, fine or both. The funds collected for violation are placed in the City's General Fund. September 12, 2000 -3- CITY MANAGER `S BRIEFING LANDSCAPE/SIGN ORDINANCE ITEM # 47096 (Continued) Mayor Oberndorf referenced signs placed on a tall light on the corner of Baker and Newtown. These advertising signs start at the top of the light and run all the way to the bottom of thepole. Mayor Oberndorf suggested the possibility of utilizing a tool similar to the implements that reach tall tree limbs to assist in removing these signs.. Concerning encroachment into the City's right-of-way, Mr. Hershberger advised, as a general rule, approximately 10 foot back from the curb would be City property. There are four inspectors who cover the City who are very familiar with their particular area. Shore Drive has a much wider right-of-way than a standard situation. Karen advisedshe is coordinating with the Department ofHousing andNeighborhoodPreservation and the Fire Marshall to devise a program to cover sign enforcement during the weekends. This enforcement is now being performed on an as-needed basis, but it is hoped to be improved within the next six (6) months. The new inspector for landscaping issues will also be hired within the next two weeks. Mr. Hershberger advised there are forty-one (41) large and seven (7) small billboards remaining in the City of Virginia Beach. Presently, five (S) ofthese billboards are on "notice to remove": 3225 ShoreDrive; 2417 Virginia Beach Boulevard; 4848 Virginia Beach Boulevard; 4497Shore Drive; and,1952 Diamond Springs Road. The Billboard on Diamond Springs Road had a 1 S year Conditional Use Permit, which will be expiring within the next two months. Hopefully, after this expiration, the billboard will be removed. Since 1992, fourteen (14) billboards have been removed. Mr. Hershberger displayed photographs of permanent signs encroaching into the public right-of-way. Jim Lawson - Real Estate, co-ordinates extensively with Kevin notifying him of these encroachments. The La Fiesta sign is actually on a piece of City property. The City Attorney will be contacted to determine the appropriate steps to bring this sign into conformity or be removed from City property. Robert J. Scott, Director ofPlanning, advised one of the conditions of an encroachment is City Council may remove at any one at any time. The signs depicted are located in the vicinity where the City will be heavily investing relative upgrading the Laskin Road area. Mr. Hershberger referenced the problem of the Seahawk Motel sign. A recent wind storm, which is a common occurrence at the beach area, proved that this sign was no longer sound where it fell. Every hurricane wind storm usually brings down about one sign in the older areas of the City. Ms. Lasley referenced the popularity of monument signs and displayed various samples. MONUMENT SIGNS August 22, 2000 - amended CZO to allow shopping center identification signs to display tenant names if sign is monument style. Monument style signs routinely part of conditional rezonings and required to be part of conditional use permits. Consider requiring all signs to be monument style SIGNS W WINDOWS In the RT-1, RT-2 and RT-3 Resort Tourist Districts CZO limits signs in windows to 20% of the window surface, not to exceed 16 square feet. CZO does not specifically address signs in windows in other districts. Planning staff will be working with the City Attorney's Office on ways to approach this concern. Photographs were displayed which depicted signs obviously designed to be read by the public from the street. Council Lady McClanan advised the safety issue should be addressed with reference to convenience stores. When the windows are completely covered, the police cannot see what is going on within these stores. This is a safety hazard for individuals working alone at night. September 12, 2000 -4- CITY MANAGER`SBRIEFING LANDSCAPE/SIGN ORDINANCE ITEM # 47096 (Continued) REALTOR'S SIGNS CZO allows signs advertising property for sale, lease, or rent. 32-square foot maximum 2 such signs allowed for each 100 feet of street frontage with a maximum of 4 such signs on any property. If a property has less than 100 feet of frontage - allow 1 sign with a maximum of 16 square feet. No time limit Recommend consideration of amending the provision of the CZO. PEDDLERS City Code allows peddlers to sell goods outdoors from stands or vehicles Areas must be at least 800 square feet to ensure adequate area for circulation of traffic Vehicle or stand must be at least SO feet from the sidewalk or curb One sign is allowed - maximum of 10 square feet Written permission from the property owner May not be conducted on vacant lots No time limits At the present time, much of the zoning inspectors' time is expended at the office. Ms. Lasley hoped to make improvements, allowing them to be out in the field and maximize the zoning inspector staff. Education relative the signage is necessary for the public. Ciry Council noted there should be a certain sensitivity between the northern and southern portions of the City. Signs serve a very important purpose. A balance must be maintained. The signs are necessary for identification purposes and required landscaping should notprevent visibility. Faith Christie, Planner, referenced landscaping issues and stated the most consistent issue the staff encounters is the inspection and maintenance of the landscaping on commercial sites. About two years ago, approximately 1 S staff inembers of the Planning Department, Public Works, and Landscape Services studied the landscaping issues prevalent in the daily review of plans and inspections of sites. CURRENT PROCESS The Zoning Administrator has the authority to require buffering The Administrator can also require maintenance of the buffering Buffering can be a requirement of conditional zonings and conditional use permits. Permits and Inspections Division inspects the parking lot foundation landscaping at the time of the final building and site inspection. PROBLEMS Once the building and site have a final inspection and a Certificate of Occupancy is issued, no follow-up inspections for regular maintenance are performed. Currently there is not sufficient staff to perform this inspection task. September 12, 2000 -5= CITY MANAGER `S BRIEFING LANDSCAPE/SIGN ORDINANCE ITEM # 47096 (Continued) SOL UTIONS Require that all new plants be identified with species identification tags, and remain tagged until the inspector has completed the inspection Require a surety on sites for a two year period: This will permit a one year growth period and two year maintenance period. Fill budgeted positions with employees possessing landscaping backgrounds to review the landscape plans and to inspect the sites Create a Landscape Inspections Team in the Planning Department by involving staff from the various divisions in the department Perform systematic area-wide inspections with cross-trained personnel Apply for a Crime Prevention Through Environmental Design (CPTED) grant position form the U.S. Department of Justice. INADEQUATE STANDARDS PROBLEMS Category I screening required by Section 201(e) (fences) of the CZO should be amended. The shrubs that are being planted in the S foot setback between the fence and the right-of-way are growing "out of control " over the adjacent sidewalks. Category IV screening is not functional The plants required in the 1 S foot setback are too dense and too large for the area Creation of alleys between uses by requiring a fence and Category IV screening between a residential use and commercial one Berms are either too large or too small - completely hiding the use or not screening any of it SOL UTIONS Amend the plant lists in the Standards. Provide that Category I shrubs growing "out " rather than "up " be installed in the 6 foot setback next to the right-of-way. Provide for two categories of Category IV screening Do not require fencing during the rezoning or conditional use permit process, OR encourage the developer to place the fence direction on the property line, perhaps replacing any existing residential fences Amend the CZO to allow the fence to be placed in the setback Require that berms meander and undulate at a minimum height of 3 feet to a maximum height of 4 feet September 12, 2000 -6- CITY MANAG~'R`SBRIEFING JOINT LAND USE STUDY 10: SS A.M. ITEM # 47097 The City Manager advised the Joint Land Use Study is a program sponsored by the Department ofDefense. The program would be funded jointly by the Department of Defense and the local jurisdiction. The Office of Economic Adjustment of the Department of Defense offers matching grants and conducts the study, if desired by the local community. The Office of Economic Adjustment has suggested a joint effort between their oYganization and the cities of Chesapeake, Norfolk and Virginia Beach. Robert Matthias, Assistant to the City Manger, advised the proposed Joint Land Use Study is to review aircraft installations in southside Hampton Roads: Fentress, NAS Oceana and NorfolkNaval Air Station and how these are incorporated into the fabric of the community. Mr. Matthias distributed the Program Guidance Manual. The Study has a two fold objective: To encourage cooperative land useplanning between military installations and the surrounding communities so that the future community growth and development are compatible with the training or operational missions for the installation To seek ways to reduce the operational impacts on the adjacent land The study would encompass the Cities of Virginia Beach, Norfolk and Chesapeake and would entail approximately 2 years at a cost of $60,000. This could be cost-shared through in-kind services, so it is likely there would be little or no cash outlay for the City. This would not be a tool to be utilized for the Super Hornetrelocationdecision. Theseareseparateactivities. TheElSfortheSuperHornetrelocationwillentail a cost of several Million dollars. The City has been aggressive relative land use management around Oceana. The City has been pro-active is not conducting large scale rezonings within the high noise zoning ordinance. The City was required to pursue specific enabling legislation from the Virginia General Assembly in order to adopt the Airport Noise Attenuation and Safety Ordinance. Virginia Beach has been more pro-active than the other localities affected by jet operation in South Hampton Roads. A draft letter has been prepared to respond to the Navy relative this study, copy of which is hereby made a part of the record. Tom Pauls, Comprehensive Plan Coordinator, advised the City's plans, policies and ordinances have, for many years, supported the objectives of compatible land use planning. For example, the City's Comprehensive Plans from 1979, 1986 and 1991 have adopted Air Installation Compatible Use Zone (AICUZ) policies citing their purpose and the role they plan in land use planning decision making. The currently adopted 1997 Comprehensive plan continues to recognize the importance ofAICUZpolicies and supports policy implementation tools, such as the City's Airport Noise Attenuation and Safety Ordinance. There are five recommendations on Page 7 of the Program Guidance Manual. Noise exposure and accident potential zones resulting from aircraft and/or artillery Limitations on tall structures which interfere with flight operations On-base measures to modify communiry impacts Peripheral land use that adversely impact installation operations Regional and local intergovernmental approaches to development and implementing land development policy Through the various initiatives the City Council adopted over the years, these five recommendations have been accomplished. The City Manager advised the other cities would be focusing mainly on the facilities in their jurisdiction. Chesapeake would be focusing on Fentress Airfield and Norfolk at NOB. These cities have 400 homes and schools in the crash zone. Mr. Matthias advised Virginia Beach has pursued limited business commercial aviation utilization of Oceana, so that businesses located at Corporate Landing could have their business aircraft parked at the North Field. A railroad line in Oceana was being abandoned and the right-of-way destroyed, the City has requested this remain in place in case an industrial user on London Bridge Road could use a rail connector. City Council Members shall advise whether this Joint Land Use Study should be scheduled for a future City Council Session. September 12, 2000 - 7- CITY MANAGER`SBRIEFING FY 99/00 REVENUE FUND BALANCE 11:22 A.M. ITEM # 47098 Patricia Phillips, Director ofFinance, presented the Unaudited Financial Results for the FY2000 Revenue Fund Balance. OVERALL FY-2000 RESULTS ARE GOOD General Fund Revenues exceeded budget by $5.8-MILLION (1 %) Expenditures less than Budget.• $17.2-MILLION (<3%) Fund Balance is $54.6-MILLION- exceeds 75% policy level by $1.0-MILLION. School Operating Fund Revenues and Expenditures were less than budget (excluding reversion) Reversion amounts: Original $ 9. 7- MILLION 3.9-MILLION $13.6-MILLION GENERAL FUND Statement of Revenue Expenses and Changes in Fund Balance For the Fiscal Year Ended June 30, 2000 (in millions) UNA UDITED General Fund Budget FY 99 Actual Variance Percent of Favorable Budget Amount Revenues $600.1 $605.9 $ 5.8 1.0% Expenditures 630.7 605.8 24.9 4.0% Excess of Revenues Over (Under) Expenses $ (30.6) $ 0.1 $30.7 Fund Balance - July 1 97.7 94.4 Fund Balance - June 30 $ 67.1 $ 94.5 Less Reserves and Designations $ 39.9 Undesignated Fund Balance - June 30 $ 54.6 (77%) Less: Policy Level at 75% $ 53.6 EXCESS $ 1.0 GENERAL FUND Summary of Expenses June 30, 2000 (In Millions) UNAUDITED Budget Actual Variance Ciry Expenses (includes encumbrances) $ 405.7 $ 398.2 $ 7.5 School Expenses 206.9 197.2 9.7 CIP Expenses from Fund Balance: Ciry CIP (6/30/99) 12.3 12.3 School CIP (6/30/99) 5.8 5.8 Total Expenses $630.7 $613.5 $ 17.2 September 12, 2000 -8- CITY MANAGER`SBRIEFING FY 99/00 REVENUE FUND BALANCE ITEM # 47098 (Continued) The excess revenues are primarily driven by Real Estate and Personal Property taxes. General Sales Tax increased 3.3 % from last year. Restaurant Meal and Hotel room Taxes both increased at a healthy rate: S.S% and 6.5% respectively. LocalRevenues in total increased 6.4%. Revenuefrom the Commonwealth increased 25.4%. SCHOOL OPERATING FUND Statement of Revenue Expenses and Changes in fund Balance For the Fiscal Year Ended June 30, 2000 (in millions) UNAUDITED Budget Actual Variance Revenues City $ 200.9 $ 191.2 $ (9.7) * Local 48.1 51.8 3.7 Prom Commonwealth 195.7 191.0 (4.7) From Federal Government 11. 7 13. 7 (2.0) Total Revenues $ 456.4 $ 447.7 $ 8.7 Expenses Instruction $ 370.7 $ 367.6 $ 3.1 AdministraZion, Attendance & Health 19.9 16.2 3.7 Pupil Transportation 22.5 21.5 1.0 Operation and Maintenance 54.7 53.8 .9 Total Expenses and Encumbrances $ 467.8 $ 459.1 $ 8.7 *Reversion amount September 12, 2000 -9- MAYOR AND VICE MAYOR PRESENTATION SUPER HORNET COMMISSIONAPPOINTMENT 11:37A.M. ITEM # 47099 Mayor Oberndorf advised the Super Hornet Commission will be composed of II members and they will be appointed within 30 days. Mayor Oberndorfrequested the City Council make recommendations for these appointments. Each City Council Member shall appoint one member. There will be one member from the seven districts and four At-Large representatives. Members will be selected based on their knowledge and interestoftheSuperHornetaircraftoperatingatNavalAirStationOceana. ThepurposeoftheCommission shall be the review of the draft Environmental Impact Statement for the East Coast basing of F/~1-I SE/F SuperHornetAircraft. Mayor Oberndorfadvised a Memorandum was forwardedfrom the Base Commander of Oceana, which she forwarded to all Members of City Council. Captain Zobel had a cordial meeting with Captain John C. Shick Chairman - CCAJN.and CCAJN leaders have been invited to monthly meetings to commence a dialogue. Now that the court case is terminated, the Navy is now working with these representatives. This Commission will be volunteer and there will be no compensation for service. Vice Mayor Sessoms advised the City Council shall schedule a Public Hearing, which has been tentatively scheduled for the City Council Session of September 26, 2000. Robert Matthias, Assistant to the City Manager, advised it was suggested the Committee should also be composed ofEx-Officio Members representingNAS Oceana, Hampton Roads PlanningDistrict Commission and similar organizations which would be of added value. The commission shall be disbanded within sixty (60) days of the publishing of the Record ofDecision on the East Coast basing of the Super Horner aircraft in the Federal Register. September 12, 2000 T -10- A GENDA RE VIE W SESSION 11:45 A.M. ITEM # 4~100 I.2. Ordinances to declareEXCESSPROPERTY and to AUTHORIZE the Ciry Manager to convey same: c. SouthlndependenceBoulevardParcel2 of47,116 sq ft (no known address) to Nelson M. Karp [$S0, OOOJ Council Lady McClanan and Council LadyParker expressed concern relative the landscaping. Jim Lawson - Real Estate, advised Karp was willing to submit plans for approval to the Director of Development Services Center prior to progressing relative setbacks and landscaping. Larkspur residents are having a major issue with noise levels and believe this building will assist in alleviating this problem. Councilman Mandigo advised the Larkspur Civic League President will be in attendance as he has some concerns. He will discuss these with staffprior to the Formal Session. If there are further concerns, this item will be pulled from the Consent Agenda. Council Lady Eure advised she could not support the sale to Dr. Karp at the indicated price. The City is selling same for approximately one fourth of their cost. The bid was too low. Council Lady Eure will vote a VERBAL NAY. Mr. Lawson advised this property does not have gravity sewer. City Council had previously declared this property excess in 1996 and directed the City Manager to dispose of same. In the interim, the City had been attempting to market same without success. There were only two bids submitted with Dr. Karp's being the higher bid. A grinder system will have to be installed inside the building and will have to pump to Edwin Drive, which is rather expensive. These systems are subject to failure. Dr. Karp will only be allowed one curb cut at the far end of the property near the Jiffy Lube. ITEM # 47101 I.S. Ordinances to TRANSFER funds to the FY 2000-2001 operating budget of the Department of Housing and Neighborhood Preservation a. $700, 000 to provide a no interest loan to acquire and rehabilitate the PINE OAKSAPARTMENT COMPLEX Council Lady Wilson inquired relative the funding. Andy Friedman, Director ofHousing and Neighborhood Preservation, advised the funds are derived from the Federal Home Program, which is an annual grant the City receives for the purposes of creating or preserving low income housing. ITEM # 47102 J.2. Resolution REFERRING to the Mayor's Special Advisory Commission on E-Government the City Real Estate Assessor's proposal re posting property assessment information on the City's Internet web site and directing the Committee to transmit its recommendation to City Council by November 28, 2000. Mayor Oberndorf advised she had not heard the presentation; therefore, she has not made a commitment and will be receiving the presentation at the same time Ciry Council receives. Council Lady McClanan had concerns. Council Lady McClanan referenced the Ciry and Government Magazine article which discusses City programs related to this type of proposal and the privacy issues. She will vote for the Resolution, but basically does not support the proposal. September 12, 2000 -11- AGENDA REVIEW SESSION ITEM # 47103 BY CONSENSUS, the following shall compose the CONSENTAGENDA: ORDINANCES I.1 Ordinance to ADD Article VI, ~ 16-39, Spot Blight Abatement, to the City Code re the Ciry acquiring or repairing properties deemed by City Council to be blighted. I. 2. Ordinances to declare EXCESSPROPERTYand to AUTHORIZE the City Manager to convey same: a. DeLaura Lane (4.07ac-Aragona Village) to Aragona-Perrtbrooke Little League, Inc. [$70, OOOJ b. South Independence Boulevard Parcel 1 of 7. 687 ac (537 S. Independence Blvd.) to David N. Cohen and Kevin D. Lefcoe [$685,OOOJ c. South Independence Boulevard Parcel 2 of 47,116 sq ft (no known address) to Nelson M. Karp ($S0, OOOJ I.3. Ordinance to authoriZe the Ciry Manager to execute a license agreement with the United States ofAmerica, Department of the Navy, re use of the satellite highway maintenance yard at NAS Oceana. I. 4. Ordinances to ACCEPT and APPROPRIATE grants to the FY 2000-2001 operating budget of the Department of Emergency Medical Services re purchase of defibrillators, supplies and equipment; and, increase estimated revenues accordingly: a. $48, 288 from the State Office of Emergency Medical Services b. $ 4,950 as a private donation from the Sentara Foundation I. 5. Ordinances to TRANSFER funds to the FY 2000- 2001 operating budget of the Department of Housing and Neighborhood Preservation: a. $700, 000 to provide a no interest loan to acquire and rehabilitate the PINE OAKSAPARTMENT COMPLEX b. $200, 000 Virginia Beach Community Development Corporation to acquire and rehabilitate housing for low income families September 12, 2000 -12- AGENDA REVIEW SESSION ITEM # 97103 (Continued) I.6. REFUNDS: a. ~ License - $119, 586. 51 b. Tax -$ S, 379. 41 RESOL UTIONS J.1. Resolution to APPROVE the issuance of FIRST MORTGAGEREVENUEBONDS, not to exceed $10, 000, 000, by the Virginia Beach Development Authority re BETH SHOLOM TERRACE for a memory impaired and assisted living project at Auburn Drive and College Park Boulevard. J.2. Resolution REFERRING to the Mayor's Special Advisory Commission on E-Government the City Real Estate Assessor's proposal re posting properry assessment information on the Ciry's Internet web site and directing the Committee to transmit its recommendation to City Council by November 28, 2000. J. 3. Resolution to AUTHORIZE participation in the Department of Criminal Justice Services' CertifiedCrimePrevention communityprogram, and DESIGNATE the Virginia Beach Crime Prevention Steering Committee as the City's representative. J.4. ResolutionappointingPauletteFranklin Jenkins to the position ofAssistant CiryAttorney, effective 16 September 2000. I.2. c. will be discussed during the Formal Session, if there are registered speakers expressing concerns. Council Lady Eure will vote a VERBAL NAY. September 12, 2000 ~ f -13- AGENDA REVIEW SESSION ITEM # 47104 K1. Application of the CATHOLIC DIOCESE OF RICHMOND on the west side of General Booth Boulevard 470 north ofLondon Bridge Road, containing 6.290 acres. (BEACH - DISTRICT 6): a. ChanQe o,f ZoninQ District Classi ication from AG-2 Agricultural District to Conditional O-2 Office District b. Conditional Use Permit for an independent living faciliry for seniors This item will be discussed during the Formal Session. Council Lady Eure requested the city staffprovide information relative the application's adherence to the Development Guidelines. ITEM # 47105 K 2. Applications for discontinuance, closure and abandonment of certain streets or alleyways: a. COMMONWEALTH BUILDING COMPANY and TASOS A. GALIOTOS for parcels on Potomac Street, beginning at the western boundary of Garrett Drive, containing I5, 600 square feet (ROSE HALL - DISTRICT 3): Parcel 1: The northern 25 feet for a distance or 499.05 feet Parcel 2: The southern 25 feet for a distance of 125 feet b. TASOSA. GALIOTOS re the northern 25 feet of Cleveland Street at the western boundary of Garrett Street, containing 6, 2S0 square feet (ROSE HALL - DISTRICT 3). These items will be discussed during the Formal Session. ITEM # 47106 K2. Applications for discontinuance, closure and abandonment of certain streets or alleyways: c. IRA L. and HELEN M. FISK, Trustees, re Waring Street on the west side ofAvalon Avenue, containing 34, 333 square feet. (CENTERVILLE - DISTRICT 1) Councilman Madigo advised there is a speaker in OPPOSITION,~ however, the City staff has a proposed ~ additional condition. September 12, 2000 -14- AGENDA REVIEW SESSION ITEM # 47107 K. S. Application of TREESTONE BUILDING CORPORATIONforaChan~ ofZonin~District Classifcation from R-20 Residential District to Conditional A-12 Apartment District on Site 82 Linkhorn Park (3202 Holly Road), containing 1.183 acres. (BEACH - DISTRICT 6) Councilman Branch referenced the correspondence of Richard S. Corner President - Cavalier Park - Bay Colony Communiry League, Inc., requesting certain conditions be implemented and strictly enforced. Stephen White - Planning, has advised these conditions are contained within the Proffers and the Comprehensive Plan. This item will be on Consent, unless there are speakers in OPPOSITION. ITEM # 47108 K 6. Application of OCEANTIDEASSOCIATES for a Chan~e o Zonin~District Classi ication from B-4 Resort Commercial District to A-18 Apartment District with a PD-H2 Planned Unit Development Overlay at the southwest corner of Shore DYive and Jade Street on Lots 1 thYOUgh 8, Block 7, Plat of Lynnhaven Shores, containing 1. 02 acres. (LYNNHAVEN - DISTRICT 5) Councilman Harrison advised he will ABSTAIN. Vice Mayor Sessoms will recommend a DEFERRAL until the City Council Session of September 26, 2000. ITEM # 47109 BYCONSENSUS, the following items shall compose the CONSENTAGENDA: K3. Application ofMARKLEACHfora Variance to the Subdivision Ordinance to legally establish a lot which has no direct street access for the purpose of constructing a single family dwelling re Lot 43A, Alberthas Lane. (ROSE HALL - DISTRICT 3) K 4. Application ofWAWA, INC. foraModi cation to the Green Run Land Use Plant to allow an automobile service station (fuel sales) in conjunction with a convenience store at the northeast corner of Lynnhaven Parkway and Windmill Point Crescent, containing2.30 acres. (ROSE HALL -DISTRICT 3) K.6. Application ofOCEANTIDEASSOCIATES for a Chan~ f Zoning District Classification from B-4 Resort Commercial District to A-18 Apartment District with a PD-H2 Planned Unit Development Overlay at the southwest corner of Shore Drive and Jade Street on Lots 1 through 8, Block 7, Plat of Lynnhaven Shores, containing 1. 02 acres. (LYNNHAVEN - DISTRICT S) September 12, 2000 -IS- A GENDA RE VIE W SESSION ITEM # 47109 (Continued) K 7. Application of DAVID J. ROGERS for a Conditional Use Permit for motor vehicle sales (automobiles~ at the northeast corner of South Military Highway and Alexandria Avenue (792 S. MilitaryHighway), containing29,914squarefeet. (CENTER VILLE - DISTRICT 1) Item L. 4 will be DEFERRED until the City Council Session of September 26, 2000, BY CONSENT Item L. 6. will be DEFERRED until the City Council Session of September 26, 2000, BY CONSENT Councilman Harrison will ABSTAIN. ITEM # 47110 Council Lady Henley referenced calls from citizens concerning the applications of TOWNE DEVELOPMENT CORPORATION/ CARL SCHUBERT Change of Zoning District Classification and TOWNE MILL DEVELOPMENT LLC for a Conditional Use Permit (DENIED 8/22/00). Applications for property at Indian River Road and Forman Trail (PRINCESS ANNE - DISTRICT 7): a. TOWNE DEVELOPMENT CORPORATION/ CARL SCHUBERT Change of Zoning District Classi acation from AG-2 Agricultural District to R-I S Residential District, containing 26.6 acres b. TOWNE MILL DEVELOPMENT LLC Conditional Use Permit for an open space promotion, containing 37 acres Council Lady Henley will ADD-ON this item for RECONSIDERATION. The applicant is agreeing to reduce the number of units on the property, remove the property from the floodplain and have greater buffers. The plan is in the development stages. The proposed plan is to be reviewed by the Planning Department for their review prior to reconsideration by City Council. September 12, 2000 -16- ITEM # 47111 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Ciry Council Conference Room, CityHall Building, on Tuesday, September 12, 2000, at 12:OS P.M. Council Members Present: Linwood O. Branch, III, MargaretL. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. .7ones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Absent: None September 12, 2000 -17- ITEM # 47112 Mayor Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose: PUBLICLY-HELD PROPERTY: Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of puhlicly-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). To-Wit Acquisition/Disposition of Property - Rudee Loop - Lotus Creek - Town Center Street Closure Applications LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, where such consultation or briefing in open meetings would adversely affect the negotiating or litigatingposition ofthe 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). To-Wit: City of Virginia Beach v. Christopoulos Family, L. C. Contractual Issues - Sportsplex Upon motion by TjiceMayor Sessoms, seconded by Councilman Branch, City Council voted to proceed into CLOSED SESSION. Voting: I1-0 CouncilMembers VotingAye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., MayorMeyeraE. Oberndorf, NancyK Parker, ViceMayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None (Time of Closed Session: 12:05 P.M. to 2:09 P.M.) September 12, 2000 -IS- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL September 12, 2000 2:20 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the School Board Meeting Room, School Administration Building No. 6, on Tuesday, September 12, 2000, at 2: 20 P.M. Council Members Present.• Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr. Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Absent: None INVOCATION: Reverend Stanley W. Sawyer All Saints Episcopal 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 ofJanuary 4, 2000, is hereby made a part of the record. September 12, 2000 -19- Item VI-E. CERTIFICATION OF CLOSED SESSION ITEM # 47113 Upon motion by Tjice Mayor Sessoms, seconded by Councilman Jones, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE 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 certiftcation resolution applies; AND, Only such public business matters as were identifzed 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., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., MayorMeyeraE. Oberndorf, NancyK. Parker, T/iceMayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 12, 2000 -~ vl 04 ~ ~~ ~~~ j ~' ~ ~ . >:- ~ . < ~ y ~ r ~°~ ~:.~: ~`2a i 9q4-S ~ _ -t ~4. t~~°- ~, ~~ ~F ~UR NAZ~~N ~ ` ~ ~ ~ ~ ~ ~ ~ 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 # 97112, Page 17, 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. ~ th Hodges mith, MMC City Clerk September 12, 2000 -zo- TtemV~Fl_ MINUTES ITEM # 47114 Upon motion by Vice Mayor Sessoms, seconded by Councilman Mandigo, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIDNS nf August 22, 2000. Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr. Mayor Meyera E. Obernclorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 12, 2000 -21 - Item VI-G. ADOPTAGENDA FOR FORMAL SESSION ITEM # 47115 BY CONSENSIIS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION and, ADDED: RECONSIDERATION of Towne Development Corporation/ Carl Schubert COZ/CUP (Denied 8/22/00): September 12, 2000 -22- Item VI-H.1. PUBLIC HEARING ITEM # 47116 Mayor Oberndorf DECI.ARED A PUBLIC HEARING.• Sale of City-owned EXCESS property DELAURA LANE (Aragona) There being no speakers, Mayor Oberndorf CLOSED THEPUBLICHEARING. September 12, 2000 -23- Item VI-H. 2. PUBLIC HEARING ITEM # 47117 Mayor Oberndorf DECLARED A PUBLIC HEARING.• Sale of City-owned EXCESS property SOUTHINDEPENDENCEBOULEVARD (Larkspur): ParcelOne: 7.7 acres Parcel Two: 1.08 acres The following registered to speak relative Parcel 1 and 2: Lawrence Dunville, 625 Mossey Cup Drive, Phone: 474-9539, Member of the Board of Directors of the Larkspur Civic League, requested DEFERRAL of Parcels 1 and 2, Tom Beda, 4036 McGregor Drive, Phone: 499-3974, represented the Larkspur Civic League. The following registered to speak relative Parcel 2: Attorney Richard W. Ratajcznzk, 610 Virginia Avenue, Phone: 437-0303, represented Dr. Nelson Karp Dr. Nelson Karp, 460 South Independence Boulevard, Phone: 497-3439, the applicant There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. September 12, 2000 -24- Item VI-I. ORDINANCES/RESOL UTION ITEM # 47118 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED IN ONEMOTION, Ordinances 1, 2a., 3, 4, S and 6 andRESOLUTIONI, 2 and 3 and 4 ofthe CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf„ Nancy K. Parker, T~ice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent.• None September 12, 2000 -25- Item VI-I.1. ORDINANCES/RESOL UTION ITEM # 47119 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to ADD Article VI, ~ 16-39, Spot Blight Abatement, to the City Code re the City acquiring or repairing properties deemed by City Council to be blighted. T~oting: 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 12, 2000 1 AN ORDINANCE TO ADD ARTICLE VI, SPOT 2 BLIGHT ABATEMENT, TO THE CITY CODE 3 TO ALLOW THE CITY TO ACQUIRE OR 4 REPAIR PROPERTIES DEEMED TO BE 5 BLIGHTED BY CITY COUNCIL 6 SECTION ADDED: ~ 16-39 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 That a new Article VI, Chapter 16, Section 16-39 is hereby 10 added to the City Code to read as follows: 11 ARTICLE VI. HOUSING AND BUILDING MAINTENANCE CODE 12 Sec. 16-39. Sp ot BliQht Abatement. 13 ~Z The cit y of Virg inia Beach, in accordance with Virginia 14 Code sections 3G-49.1:1, et seq., may acquire or repair any 15 bliqhted property, as defined in (b) below, by exercise of the 16 powers of eminent domain provided in Title 25 of the Virginia Code, 17 and further, shall have the power to hold, clear, repair, manacte, 18 or dispose of such property for purposes consistent with this 19 section. In addition, the city may recover the cost of any repair 20 or disposal of such propertv from the owner. 21 ~ Bliahted properties are those areas (includinq slum 22 areas) with buildings or improvements which, by reason of 23 dilapidation, obsolescence, overcrowding, faulty arrancrement of 24 desian, lack of ventilation, light and sanitary facilities 25 excessive land coverage, deleterious land use or obsolete layout 26 or anv combination of these or other factors, are detrimental to 27 the safety, health, morals or welfare of the community. 28 ~~ The city manager or his designee shall make a preliminary 29 determination that a property is blighted in accordance with this 30 section. The citv manaqer or his desianee shall notifv the owner 31 specifying the reasons whv the property is considered blighted 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 The owner shall have thirty (30) days within which to respond with a plan to cure the blight within a reasonable time. ~_ If the owner fails to respond within the thirty (30) day period with a plan that is acceptable to the city manager or his desiqnee, the city may (i) request the Planning Commission to conduct a public hearinq and make findinqs and recommendations that shall be reported to City Council concerning the repair or other disposition of the property in question and (ii) in the event a public hearing is scheduled, shall prepare a plan for the repair or other disposition of the property. ~ Not less than three (3) weeks prior to the date of the public hearina before the Plannina Commission, the Commission shall provide by regular and certified mail, notice of such hearinc~ to (i) the owner of the bliqhted property or the aaent desiqnated by him for receipt of service of notices concerninq the payment of real estate taxes within the locality; (ii) the abuttinc~property owners in each direction, including those property owners immediately across the street or road from the property; and (iii) the representative neiahborhood association, if any, for the immediate area. The notice shall include the plan for the intended repair or other disposition of the property. The notice of the public hearina shall be published at least twice, with not less than six (6) days elapsing between the first and second t~ublication in a newspaper published or havincLgeneral circulation in the locality in which the propertv is located. The notice also shall be posted on the progerty. The notice shall specify the time and place of the hearincr at which persons affected may appear and present their views, not less than six (6) days nor more than twentv-one (21) day~ after the second publication. 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 ~ The Planninq Commission at this ~ublic hearina, shall determine whether: ~1~ The owner has failed to cure the bliqht or present a reasonable plan to do so; ~ The property is bliqhted; ~ The plan for the repair or other disposition of the pro~erty is in accordance with the citv's comprehensive plan, and the comprehensive zoninq ordinances; and (4) The property is located within an area listed on the National Register of Historic Places. In such instances, the Planninq Commission shall consult with the Architectural Review Board, reqarding the proposed repair or other disposition of the property by City Council. ~ The Planninq Commission shall re~ort its findings and recommendations concerninq the property to City Council. Citv Council, upon receipt of such findinqs and recommendations, mav after an advertised public hearinq, affirm, modify~ or reject the Planning Commission's findings and recommendations. If the repair or other disposition of the proQerty is approved, the city manaqer or his desiqnee may carry out the a~proved plan to repair or acquire and dispose of the property in accordance with the approved plan, the provisions of this section, and applicable law. The city shall have a lien on all property so repaired or acquired under an approved plan to recover the cost of (i) improvements made by the city to brina the blighted property into compliance with applicable buildina codes and (ii) disposal, if any. The lien authorized by this section shall be filed in the circuit court of the city of 90 Virqinia Beach and shall be subordinate to any prior liens of 91 record City Council may recover its costs of repair from the 92 owner of record of the property when the repairs were made at such 93 time as the property is sold or dis~osed of bv such owner. If the 94 property is acqui.red by the city throuqh eminent domain, the cost 95 of repair may be recovered when City Council sells or disposes of 96 the property In either case the costs of repair shall be 97 recovered from the proceeds of any such sale. 98 ~h~ If the bliqhted property is occupied for personal 99 residential purposes City Council in a~provinq the plan, shall 100 not allow for the acQUisition of such pro~erty if it would result 101 in a displacement of the person or persons livina in the premises. 102 The provisions of this subsection shall not agply to acquisitions, 103 under an approved plan, by the city of property which has been 104 condemned for human habitation for more than one (1) year. In 105 addition if the city is exercisinQ the powers of eminent domain in 106 accordance with Title 25 of the Virginia Code, it may provide for 107 temporary relocation of any person living in the blighted property 108 provided the relocation is within the financial means of such 109 person. 110 ~Z In lieu of the acquisition of blighted pro~erty by the 111 exercise of the powers of eminent domain as herein provided and in 112 lieu of the exercise of other powers qranted in subsections (a) 113 through (g), City Council by ordinance, may declare any bliqhted 114 property to constitute a nuisance, and thereupon abate the nuisance 115 pursuant to Virainia Code § 15.2-900 or ~ 15.2-1115. Such 116 ordinance shall be adopted only after written notice by certified 117 mail to the owner or owners of the property at the last known 118 address of such owner as shown on the current real estate tax 119 assessment books or current real estate tax assessment records. 120 ~Z The provisions of this section shall be cumulative and 121 shall be in addition to any remedies for spot blight abatement that 122 may be authorized by law. 123 124 Adopted by the Council of the City of Virginia Beach, 125 Virginia, on the 12th day of September, 2000. CA7747 F:\Data\ATY\Ordin\PROPOSED\16-039ord.wpd August 9, 2000 R-1 5 lC~~J ~ j ;,~ • `~~~., 2 F Oy~~~ 9Qr~~ S ~F OUR 2 ~~~? S NPZ~~N Policy Report SPOT BLIGHT ABATEMENT Department of Housing and Neighborhood Preservation July, 2000 r Policy Report SPOT BLIGHT ABATEMENT Department of Housing and Neighborhood Preservation July, 2000 Background In order to maintain neighborhood quality and property values, a variety of code enforcement, zoning enforcement, police, fire, health and other related activities are carried out thousands of times each year. In the great majority of cases, enforcement eventually is successful in achieving compliance. However, some property owners fail to comply and cannot be prosecuted through current legal means due to being out of state. In addition, some properties that are marginally compliant still cause a severe blighting influence on the surrounding properties. The number of properties in this category is very low, however they tend to have major impacts where they are located. In 1995, the State of Virginia provided localities with a new tool to address these cases: Spot Blight Abatement, Section 36-49.1:1. This code, with amendments since then, provides localities with the authority to repair or demolish blighted properties, and to acquire them through eminent domain, if the owner fails to cure the blight. In December, 1998, Council was briefed on an 11 point plan entitled "Integrated Planning for Community Improvement", which included a proposal to provide Council with the option to adopt and use the Spot Blight law. In June, 1999, staff briefed the Planning Commission regarding the law, because the Planning Commission has a role in the legal process mandated by the law. Members of the Planning Commission asked that any use of the law include criteria for its application. Staff have studied the use of the law in other localities. Both Norfolk and Fairfax County have applied it. In addition, the City Attorney's office has reviewed it and advised staff on this report. The purpose of this report is to assist Council in considering whether to adopt the attached ordinance, which indicates Council's willingness to consider proposed abatement plans brought forward by staff. It is hoped that just the notification to a property owner that the City is initiating spot blight abatement procedures due to their property's blighted condition will result in many owners making the required repairs. Reports from Fairfax County and the City of Norfolk indicate that this is the case. What is Proposed Summary: By adopting the attached ordinance, Council would authorize the City Manager to bring forward properties for consideration under this ordinance. The process and criteria are generally specified within the law. This report provides a proposed process that incorporates the legal requirements, as well as some proposed criteria to guide staff in its use. Authority: Code of Virginia § 36-49.1:1, "Spot Blight Abatement Authorized." Summary of the Law: All localities may, by ordinance, declare a property to be blighted, and may cure the blight through repair or demolition, or may acquire the property using the power of eminent domain. The locality is authorized to hold, clear, repair, manage or dispose of such property. In addition, the locality has the power to recover the costs of any repair, demolition or disposal of such property from the owner. The locality may, in lieu of the above, declare a property to be a public nuisance, and abate the nuisance without acquiring it, as permitted by Code of Virginia §§ 15.2-900 or 15.2-1115. 1 Definitions: Property: As used in this section our interpretation of the definition of property is "one parcel of land and the structures, etc. associated with it." Blight: This definition is directly from Code of Virginia §36-49, and is specified as the definition that we must use: "...blighted or deteriorated areas, which are hereby defined as areas (including slum areas) with buildings or improvements which, by reason of dilapidation, obsolescence, overcrowding, faulty arrangement of design, lack of ventilation, light and sanitaryfacilities, excessive land overage, deleterious land use orobsolete layout, or any combination of these or other factors, are detrimental to the safety, health, morals or welfare of the community." Slum: Defined by Code of Virginia §36-3 (h) as follows: "...any area where dwellings predominate which, by reason of dilapidation, overcrowding, lack of ventilation, light or sanitary facilities, or any combination of these factors, are detrimental to safety, health or morals." Eligible Properties: Any single parcel that the City Manager determines is either blighted or a slum, except: Properties occupied for personal residential purposes may not be ACQUIRED (but they could be repaired) if such acquisition would cause displacement of the persons. Actions Authorized by Code of Virginia §36-49.1:1: The governing body cannot permit the acquisition of property that would result in the displacement of persons living on the premises. Therefore, blighted, occupied residential properties can be either a. Repaired, while keeping the current resident in it or b. Acquired and donated or sold to a nonprofit organization that would maintain it and keep the current resident. Essentially, the City cannot demolish or change the use of occupied residential property. Unoccupied blighted residential property, or any blighted commercial property could be repaired or demolished, or acquired, and disposed of in a variety of ways, depending on what objectives we had for the property and the area. Required Legal Process: The following are the requirements of the law for the process that we must follow prior to instituting the spot blight abatement procedures authorized by Code of Virginia §36-49.1:1. Note that the Department of Housing and Neighborhood Preservation/Code Enforcement Division would take the lead on this process. In the steps described below that involve the City Manager or "the City," DHNP would be either taking the action or recommending action to the City Manager. The Planning Department would coordinate all actions relating to the Planning Commission. 1. The City Manager or designee makes a preliminary finding that a property is blighted if it meets the standards set forth in Virginia Code Sections 36-49 and 36- 49.1:1. (Staff recommendation is that we would most likely only do this after exhausting other existing legal remedies through our regular code enforcement and court processes. However, the code does not require this to occur before we make a finding that a property is blighted.) In addition, it shall be City policy that the property meets at least one of the following criteria: 2 a. It has been vacant and/or boarded for at least three months b. It has been the subject of documented complaints and code enforcement actions. c. It is no longer being maintained for useful occupancy. d. It is dilapidated or lacks normal maintenance and upkeep e. It has been the subject of nuisance abatement actions undertaken by the City. 2. DHNP gives notice to the owner(s) by certified and regular mail and allows 30 days for the owner to eliminate the blight. 3. DHNP reinspects the property after 30 days to see if the blight has been eliminated. If the blight is eliminated, the case is closed. 4. Upon failure of the owner to eliminate the blight, the City Manager has two options: Option One is to prepare a blight abatement plan and recommend that City Council should, by ordinance, declare that the property is blighted, declare that it constitutes a nuisance, and authorize the City Manager to execute the proposed blight abatement plan. This option is authorized by subsection (H) of Code of Virginia §36-49.1:1. Option Two is to initiate steps to exercise the powers of eminent domain to first acquire the property and then cure the blight. Note that exercising the first option does not preclude a future use of the acquisition option, if the abatement fails to provide a long term solution. 5A. Option One: Nuisance Abatement Process: 1. If City Council declares by ordinance that the property is blighted and constitutes a nuisance, and approves the blight abatement plan, the owner(s) of record is notified in writing by certified and regular mail of City Council's action and given 30 days to cure the blight. The ordinance shall be adopted only after notice by certified mail has been provided to the last known owners of the property. 2. If the owner(s) fail to cure the blight within the 30 days allowed, DHNP will have the blight abated (repaired or removed) by the City's contractor in accordance with the approved blight abatement plan. 3. Owner(s) of record is/are billed for the cost of blight abatement including administrative costs. If the owner fails to pay for the abatement, the costs will be collected by any manner provided by law for collection of State or local taxes. 5B. Option Two: Property Acquisition Process: a. This may be initiated upon a finding that blight exists, or after the nuisance abatement process has been utilized but has not been sufficient. The City Manager may make a finding that the property is blighted and notify the owner(s) of the property. The owner must provide an acceptable plan for the elimination of the blight within 30 days. b. If the City determines that a plan that is submitted by the owner to cure the blight is acceptable, DHNP monitors to insure it is implemented. If the City determines the plan is not acceptable (or a plan is not submitted): 3 (1) The City Manager asks the Planning Commission to hold a public hearing and make findings and recommendations to the Council regarding repair or other disposition. (2) The City Manager develops a proposed plan for repair or other disposition (including acquisition), AND c. The Planning Commission notifies affected parties by: Providing notice of the hearing at least 3 weeks prior, and a copy of the plan to the owner, abutting neighbors, neighbors across the street, and the neighborhood association, if any exists, by regular and certified mail. Publishing a notice of the hearing twice in a newspaper Posting a notice on the property d. The Planning Commission holds a public hearing and considers the following: • Whether the property is blighted • Whether the owner has either failed to cure the blight, or failed to present a reasonable plan to do so • Whether the City's plan for the property is in accordance with zoning ordinance, the comprehensive plan, and other applicable land use regulations • Whether the property is located within an area listed on the National Register of Historic Places After the hearing, the Planning Commission reports its findings and recommendations to the Council. 6. The City Council: Holds a public hearing, and it may Affirm, modify or reject the Planning Commission's findings and Recommendations 7. If a plan is approved, the City may then carry out the approved plan. Process Time Line: Based on the procedures outlined above, it is estimated that it will take approximately three months from the date of initial notice to abate a nuisance by ordinance, and by using the Spot Blight Abatement authority, at least five to nine months to acquire a property through eminent domain from the day of initial notification of the owner to actual taking of title. Considerations Considerations Regarding the Use of Property if Acquired A proposed plan to deal with the property will depend on the type of property (whether it is commercial, residential - detached, or residential - attached), on the condition of the property (whether it is feasible for rehabilitation or not), on the location of the property (its zoning and the appropriateness of the current use), and its relationship to other existing 4 plans of the City. Financial Considerations A source of funding for acquisition, repair and/or demolition would be needed. The planned use of property to be acquired would determine the funding source. In addition, the City is authorized to seek recovery of the costs and to place liens to do so, and therefore a revolving fund may be a useful option. If the planned future use of the property is for housing, and it is reasonable given the location to create an affordable housing unit or units, then Federal funding in DHNP's funding could be appropriate. If the planned use of property is other than housing, other funding would need to be identified. Given the time required to go through the process of utilizing this law, staffwill also identify funding options for the blight abatement plan. It is therefore recommended that final action by Council on any specific property should include an appropriation or transfer of funds necessary to carry out that action. Operational/Maintenance and Staff Resource Considerations This process requires a significant amount of time and attention from staff in various departments. A considerable amount of staff time in DHNP would be required to follow the process through to the end. In addition, staff of the Planning Department, PW/Real Estate, and the City Attorney would be involved. If property were to be acquired by the City, funding and maintenance issues would have to be identified and included in the action proposed to Council. Public Relations Implications: Perception Issues: The use of this power has the potential to be perceived negatively by some who may see it as too much government power. The fact that the power cannot be used to displace people from housing may ameliorate this concern. Public Information Plan and Back rq ound: The issue has been highlighted previously in the press, in December, 1998 as a result of the Council briefing, and in November, 1999, in a feature story on one case pursued by the City of Norfolk. Staff plan to offer a briefing to the appropriate Virginian Pilot reporter upon distribution of this material. In addition, calls to discuss the issue with stakeholders will be made by staff prior to the date of Council consideration. Legal Considerations: This report and the attached ordinance address the legal issues associated with this item. Alternative Courses of Action: There are no known alternatives to achieve compliance by property owners who have been non=responsive to existing authority. Therefore, without the use of this authority, certain 5 current and future properties may continue to be, or become, a blighting influence on neighborhoods and other areas of the City. Recommendation: Council should approve the attached ordinance. Prepared and Recommended by: Andr . Fri n, irector Housing and Neighborhood Preservation Approved: Ja e K. Spore Ci y nager f:\users\msdaniel\andy\spotblight_PolicyRpt.wpd Da e .~~~~ 0, ~D40 Date -~ 6 - 26 - Item VI-I. 2. a. ORDINANCES/RESOL UTION ITEM # 47120 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, Ciry Council ADOPTED: Ordinance to declare EXCESS PROPERTY and to A UTHORIZE the CityManager to convey same: DeLaura Lane (4. 07ac Aragona Yillage) to Aragona Pembrooke Little League, Inc. ($70, OOOJ Voting: 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members T/oting Nay: None Council Members Absent: None September 12, 2000 AN ORDINANCE DECLARING CERTAIN CITY PROPERTY EXCESS AND AUTHORIZING THE CITY MANAGER TO CONVEY SAME TO ARAGONA- PEMBROKE LITTLE LEAGUE, INC. 1 WHEREAS, the City of Virginia Beach (the "City") acquired ownership of a certain 2 parcel of real property containing approximately 4.07 acres, located at 595 DeLaura Lane 3 in the City of Virginia Beach, Virginia (the "Property") by deed recorded in Deed Book 3513, 4 at Page 693; and 5 WHEREAS, the City Council is of the opinion that the Property is in excess of the 5 needs of the City of Virginia Beach and should be sold to the current lessee, the non-profit ~ youth baseball organization known as the Aragona-Pembroke Little League, Inc. s ("Aragona-Pembroke") 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF lo VIRGINIA BEACH, VIRGINIA: 11 1. That the following described Property is hereby declared to be in excess of the i2 needs of the City, and that the City Manager is hereby authorized to convey said 13 Property to Aragona-Pembroke: 14 All that certain lot, piece or parcel of land togetherwith improvements situate ~5 in the Bayside Borough of the City of Virginia Beach, Virginia, and i6 designated and described as "PROPERTY CONVEYED TO THE CITY OF 1~ VIRGINIA BEACH AREA = 177,428 SQ. FT. = 4.07 ACRES" as shown on is that certain plat entitled: PLAT SHOWING PROPERTY CONVEYED TO THE 19 CITY OF VIRGINIA BEACH FROM ARAGONA COMMUNITY RECREATION 2o CENTER, INC., A VIRGINIA CORPORATION, BAYSIDE BOROUGH - 21 VIRGINIA BEACH, VIRGINIA", made by Survey Bureau, Engineering 22 Division, Department of Public Works, City of 1~'irginia Beach, Virginia, dated 23 June 15, 1995, Scale: 1" = 50'. Said plat is recorded in the Clerk's Office of 24 the Circuit Court of the City of Virginia Beach, Virginia in Map Book 243, at 2 5 Page 91, to which reference is made for a more particular description. GPIN: 2 6 1468-80-5074-0000. A copy of said plat is attached hereto and marked 2 ~ "Exhibit A". 2a IT BEING the same property conveyed to Grantor by deed dated July 9, 29 1995, and recorded in the Clerk's Office of the Circuit Court of the City of 3 o Virginia Beach, Virginia, in Deed Book 3513, at Page 693. 31 2. That SEVENTY THOUSAND DOLLARS ($70,000.00) is to be the sale price of 32 the Property. 33 3. That the Property shall be conveyed subject to the following covenants, conditions 34 and restrictions, with the final wording thereof to be satisfactory to the City Attorney: 3 5 a. The City shall reserve the right to establish easements for drainage and utilities 36 under, over, across and through the Property. 3 ~ b. The current deed restriction that exists on the Property for recreational use shall 3 s remain in effect, and Aragona-Pembroke shall covenant to continue such use 3 9 restriction, with such use restriction and covenant to run with the title to the 4 o Property. 41 c. Aragona-Pembroke shall covenant to either demolish or renovate the 7,000 42 square foot cinder block building formerly known as the Aragona Community 43 Recreation Center building that is located on the Property no later than December 44 31, 2005. 4 5 d. Should Aragona-Pembroke fail to either demolish or renovate the 7,000 square 46 foot cinder block building formerly known as the Aragona Community Recreation 4~ Center building that is located on the Property by December 31, 2005, or if the 4$ Property ceases to be used for recreational purposes, the City shall have the right 4 9 to re-enter and take possession of the Property and title to the Property shall 5 o automatically revert back to the City with no refund of the $70,000.00 purchase 51 price. 52 e. Should Aragona-Pembroke ever wish to sell the Property, the City reserves the 53 right of first refusal to repurchase the Property for $70,000.00. 54 f. Any structures erected on the Property shall connect to public water and sewer 55 where available. 56 4. That all revenue from the sale of the Property is to be allocated to the Department 5~ of Parks and Recreation CIP 4-950 (Neighborhood Park Acquisition and s s Development). 59 This ordinance shall be effective from the date of its adoption. 5o Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of 61 September 2000. , 6 2 CA-7815 63 PREPARED:08/07/00 64 65 66 67 Approved as to Content E' C . , ~ D rtment of Public Works Office of Real Estate Approved as to Content Department of Pa s nd Recreation Approved as to Legal Sufficiency ~---. ~- i 4~A~a. / • Q,~ City Attorney ~ Q P /' 1 ~' C`) -9 e~r r~ \S ~ h ~ ~Q ,~~, ! ~ i, az ~ r-ei- v f ~~~~y ~eQ~ oti t z i,~ J Z~ ~~ a ~ ~o6 ll C ~~ a' v ~ ~ I 24~ ~ ` -B 921 ~ l5 ' 9 ~ JQ.Q' r~68'81- ~ ~ C~ ,`~~ e-vi-~. y~ ~, Si(~0« A ~ ~ (~_ ~ -9l II . ~ ~ r '_ /~ ~° ~ g9~~ ~ 0~` ~ `~ -ai ie~ ~ " - - ~ ~ ~~~ ~v ~ .p r~1/68- '61 ~ °~~7~`~ . 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G~~NZEk CAROLYt- L. CAM~Rno EARLE C. M08lEY JOSEPN T. LIBERATORE KAREIti M. CROWI~Y MitxwE~ H. PJtt T. GEORGE UI~DEAw00D.1R. t9N~~~=~ r;~=,H~dTi7ROKOZAK&MEL~JIN 757 399 6870 P.01i01 MARCUS, SANTORO, KOZAK & MELVIN, P.C. ATfORNEYS AND COUNS6LLORS AT LAW ~SS CRAWFORD PARKWAY, SUITE ~OO • G~~S L. M~RCI;s Posr p~cE Box 69 ANN B. sROC~K PORTSMOUTH, VIRGINIA 237OS-~~69 Of COUNSE~ Via Fax: 427-4456 August 30, 2000 Christct~her B. Cahoon, RighL of Way Agenc Departmenc of Puialic *dorks, Office of Real Estate City of Virgiria Beach Municipal c~nter Huilding 2, Room 170 2405 Courthouse Drive Virgznia Beach, VA ~3456-9030 TEL6PHONE (75T) 393-2555 Fncst~ (7S~)399-6870 ~ Q (I`r1[~ ; ~, ~ q~ 3 0 ?~0 ; : , RE: Propased Purchase of City Owned Property {4.07 Ac.) by Aragona Pembrcke Litt=z League - GPIN 1468-80-5074 Qur File No.: 00-Q05G Dear Mr. Cahoon: This =s to confirm my seer~tary's voiGe mail message to you this morning whereir. she advised that the Board a~ Directors of Aragcna Pembroke have met regarding the above-referenced matter, Th~ 3oard has accepted ~he conditions proposed in your August 8, 2000 letter, and they w~,sh ~o have thi.s matter taken before City Council. Thanking you for your cccperation and asezstance in this matter, I am V~ry truly ours , Warren David Kozak WDK/jh TOTAL P.~71 ~ i~._ . '- _y~r;. yn. ~ . '~; -' ~ City of Virgirzia Beac~i ~ ,~-__~_ ~ ~ 2 ~ rr 9,f ,.. e~i.~. ~-C~F ~UR NAT~~~ DEPARTMENT OF PUBUC WORKS MUNICIPAL CENTER OFF~CE OF REAL ESTATE BUILDING 2. ROOM 170 (757) 427-4161 2G05 COURTHOUSE DRIVE FAX (757) O2T-4458 VIRGINIA BEACH, VA 23456-9030 AUgL1St 8, 2000 Mr. Warren D. Kozak Attorney at Law 355 Crawford Parkway, Suite 700 P.O. Box 69 Portsmouth, Virginia 23707-0069 Re: Proposed Purchase of City Owned Property (4.07 Ac.) by Aragona Pembroke Little League • GPIN 1468-80-5074 • Our File #00-OOSG Dear Nir. Kozak: Referencing my previous letter to you dated Apri127, 2000 which outlined certain conditions under which the Parks and Recreation Division would recommend approval of the sale of the subject property, following further review by their of~ice, this office and the City Attorney's Office certain additional conditions of sale have been added to those original conditions. The revised conditions of sale that will be presented to City Council for review are as follows: The sale price shall be $70,000.00. 2. The current use restriction that exists on the property (Recreational Use) is to remain in effect and run with the property. 3. Aragona-Pembroke Little League, Inc. shall either demolish or renovate the Aragona Community Recreation Center building that is located on the property no later than December 31, 2005. 4. Should Aragona-Pembroke Little League, Inc. fail to either demolish or renovate the Aragona Community Recreation Center building that is located on the property by December 31, 2005, or the property ceases to be used for recreational purposes, then the said property shall revert back to the City with no refund of the $70,000.00 purchase price. Proud Recipient of the 199b' U.S. Senate Medallion of Excellence for Productivity and ~hcality in the Public Sector Mr. Warren D. Kozak August 8, 2000 Page Two 5. Should Aragona-Pembroke Little League, Inc. ever wish to sell the subject property, the City reserves the right of first refusal to repurchase the subject property for $70,000.00. Should these conditions be acceptable to the Aragona Pembroke Little League, please advise this oi~ice in writing. Once this is received, we will be in a position to take this matter to City Council per § 15.2-1800 and § 15.2-1813 of the Code of Virginia. Should you have any questions regarding this matter, please advise. ~ l. er B. Cahoon Right of Way Agent CBC c: Vanessa Valldejuli - City Attomeys Office (ref. File #CA-7815) Sara Hensley - Parks and Recreation Ray Emerson - Parks and Recreation Doug Cheny - Parks and Recreation George N. Tzavaras - Public Works James C. Lawson - Public Works/Real Estate SUMMARY Or TERMS AGREEMENT FOR TIIE SALE OF EXCESS PROPERTY IN THE ARAGONA VILLAGE SUBDIVISION WEST OF DELAURA LANE AND SOUTH OF BOTTINO LANE OWNER: BUYER: SALE PRICE: SET'TLEMENT DAT~: SPECIAL TERMS AND CONDITIONS: City of Virginia Beach. Aragona-Pembroke Little League, Inc. $70,000 payable at settlement in cash or by certified check. December 29, 2000 or as soon thereafter as the parties may mutually agree. • Tlie Property shall be conveyed subject to the following covenants, conditions, and restrictions, with tlie final wording thereof to Ue satisfactory to the City Attorney: • a. The City shall reserve the riglit to establish easements for drainage and utilities under, over, across and through the Property. • v. The current deed restriction that exists on the Property for recreational use shall remain in effect, and Aragona-PemUroke shall covenant to continue such use restriction, with such use restriction and covenant to nin with the title to the Property. • c. Aragona-Pembroke shall covenant to either demolish or renovate the 7,000 square foot cinder block building formerly known as the t-lragona Community Recreation Center building that is located on the Property no later than December 31, 20005. • d. Sl~ould Aragona-PemUroke fail to either demolish or renovate the 7,000 square foot cinder block building formerly known as the Aragona Community Recreation Center building tliat is located on the Property by December 31, 2005, or if the Property ceases to be used for recreational purposes, the City shall have the right to re-enter and take possession of the Property and title to the Property shall automatically revert back to the City with no refunci of the $70,000.00 purchase price. • e. Should Aragona-Pembroke ever wish ~;; sell the Property, the City reseives the right of first refusal to repurchase the Property for $70,000.00. • f. Any structures erected on the Property shall connect to public water and sewer where available. All revenue fi•om the sale of the Property is to be allocated to the Department of Parks and Recreation CIP 4-950 (Neighborhood Park Acquisition and Development). ~:\Users\V Valldej\W P\[3ZA~aragona. agrsum - 27 - Item VI-7.2. b/c ORDINANCES/RESOL UTION ITEM # 47121 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED TO CITY COUNCIL MEETING OF OCTOBER 10, 2000: Ordinances to declaYe EXCESSPROPERTYand toAUTHORIZE the City Manager to convey same: b. South Independence Boulevard Parcel 1 of 7. 687 ac (537 S. Independence Blvd.) to David N. Cohen and Kevin D. Lefcoe [$685, OOOJ c. South Independence Boulevard Parcel 2 of 47,116 sq ft (no known address) to Nelson M. Karp [$SD, DOOJ Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Yice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 12, 2000 -z8- Item VI-I.3. ORDINANCES/RESOL UTION ITEM # 47122 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize the City Manager to execute a license agreement with the United States ofAmerica, Department of the Navy, re use of the satellite highway maintenance yard at NAS Oceana. Voting: 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 12, 2000 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LICENSE 3 AGREEMENT BETWEEN THE LJNITED STATES 4 OF AMERICA, DEPARTMENT OF THE NAVY 5 AND THE CITY FOR THE USE OF THE 6 SATELLITE HIGHWAY MAINTENANCE YARD 7 AT NAS OCEANA 8 WHEREAS, since 1980, the United States of America, Department of the Navy has 9 granted to the City of Virginia Beach (the "City") a license to use two acres of federally owned real 10 property located at NAS Oceana on Oceana Boulevard and Southern Boulevard (the "Satellite 11 Highway Maintenance Yard") as shown on Exhibit "A", for refueling, storage and stockpiling 12 operations of the City's Deparirnent of Public Works, Highway Maintenance Division; 13 WHEREAS, the Satellite Highway Maintenance Yard has been, and continues to be, 14 of vital strategic importance to the City's Deparhnent of Public Works, Highway Maintenance 15 Division in that it serves as a refueling depot and a storage and stockpiling area for highway 16 maintenance operations in the northern and eastern portions of the City; 17 WHEREAS, the present license agreement for the use of the Satellite Highway 18 Maintenance Yard has expired; 19 WHEREAS, the Department of Public Works has a continuing need for the Satellite 2 0 Highway Maintenance Yard and has recommended that a new license agreement be executed; and 21 WHEREAS, the United States of America, Department of the Navy has drafted a new 2 2 license agreement to ensure the continued use of this critical facility by the City. 2 3 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 2 5 That the City Manager is hereby authorized to execute a license agreement between 2 6 the United States of America, Department of the Navy and the City for use of the Satellite Highway 2 7 Maintenance Yard at NAS Oceana in accordance with the Summary of Terms attached hereto, and 2 8 containing such other terms as are acceptable to the City Manager and approved by the City 2 9 Attorney. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 t hday of September _ 2000. CA-7819 F: ~Data~ATl'~Ordin\NONCODE\ca7819. ord R-1 4/21 /00 ~v~-~ r4 /h r~L %+b~~~ ~ fiy APPROVED AS TO CONTENT: ~,~~ ~~~ artment of Public Works APPROVED AS TO C9~T: ,~~-~~.. ,,4. ,~ ~e~ ~ ~ ' ~..~~- Department of Finance APPROVED AS TO LEGAL SLTFFICIENCY: ~~ ` Department of Law 2 v SUMMARY OF TERMS LICENSE FOR THE USE OF THE SATELLITE MAINTENANCE YARD AT NAS OCEANA LICENSOR: The United States of America/Department of the Navy. LICENSEE: City of Virginia Beach. TERM: August 1, 2000 - July 31, 2005. LICENSE FEE: Three Thousand Five Hundred Dollars ($3,500.00) annually. RIGHTS AND RESPONSIBILITIES OF CITY: • Will use the licensed premises for the purpose of refueling, storage and stockpiling of materials vital to the operations of the City's Department of Public Works, Highway Maintenance Division. • Will pay for all utilities and any services furnished to the City. • Will maintain and repair licensed premises and the facilities thereon. • Will insure for risk of loss or damage to the licensed premises and the facilities thereon under its self-insurance program. Such insurance would also extend to any leasehold improvements installed by the City upon the licensed premises. RIG~ITS AND RESPONSIBILITIES OF THE UNITED STATES OF AMERICA: If any item or part of the licensed premises or the facilities thereon require repair, rebuilding or replacement resulting from loss or damage, the U.S. may require the City to rebuild, repair, or replace the damaged items or facilities, or require compensation for the loss as the U.S. may elect. If costs of repair, rebuilding, or replacement required by the U.S. exceeds the liability of the City, the U.S. will reimburse the City for such excess costs. TERMINATION: The United States of America may terminate the agreement at any time without prior notice to the City. The City may terminate the agreement upon 30 days notice in the event funds to pay for the license are not appropriated by City Council. F:\Users\V Valldej\WP~BZA\oceanalic.sum O 0 r e ~ 4 BE m a ~ .VD. ~ O~ j~ O~a d ~ ~ ~ ~ ~ ~~ ° " -~ z ~ ' ~ ~~ o ` ,, S HERN BLVD. _ J ^ ^ ~ ^O ~ ~ LOCATION r--------- • C~O , R ~ m ~ ~z ~ * i ~ ~ ~ < i , C3a~ ~ ~ g _ .-x ~ ~ ~l v ~ ,~ ' ' ~ LOCATION MAP SCALE :1" = 1,600' ~ ~ ~ ~' ~ ~ ~- - --~--~ O i i ' OQ ~, ~ ~~ _ ~ i i ~J ~ I~ ^II ~ ~ o ~ ~ ~ sroRACE ~ f o v^~ - ~I -,1 ~ ~~a ~ ~ ~ ~ ~Y ~ I' _ ~ `~ ~ I ~ I I ~ - - ~ ~ a ~,-,~~ ~ ~ I' - ~ i ~ r ~ i s ^ 1 ^ ^~i • i i ii ° ° ~ l~ ~ ~ ~ r ri ~ i~~l_ ~ f 1 ~ ,~ ~l ~' , ~ ~ ~ ~ I [~ ~~ ~-~i ', h - - - ~ -~ - ~- - ~ "'I ~ ~~~ i ~~J ~ ~ `' ~ ~(~`~~~ ~ ~ Q ~ '\ ~~ ~ ~ ~ LOCATI ON ~ ~ ~ ~z - ~ ~ ° \ ` <. .~" -~` ~\ o ~ \ ~ o ~~ ~ N ~ ~ " "~ ~ / \ ' \ / ~ `~ ~ ~(-r-~ i . LOCATION MAP OF OCEANA HIGHWAYS MAINTENANCE YARD SITE LICENSED BY THE UNITED STATES OF AMERICA, DEPARTMENT OF THE NAVY TO ~ THE CITY OF VIRGINIA BEACH SCALE:1" = 200' PREPARED BY P/W ENG. 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J ' : ~r.a~•cZ~~N; ;z..o~~ , ` ~ iSCB°;4'~'J'Nt 3~" 0- , ? ,~ ; 5o!'4a!'4c~',N ; ;-; g, ~ ~- 3 ;5~~'S=~,V, ;22~,~ . ~ ~, ! ~ .-. -,..~„~ '~~j ~rV ~Y I ~ ,J~^7~ . . ~~\~ ^ \ a ~ ~ ~ •T~ ~~~ . . ~~ \ vl..~' ~`yi ~ ,~' . ~ _ ~ X f ~i~ ~~~~ ~ ~ r r I ~ = ~ ~ ~ ~ ~ ~ ~, tiV ~v~~ t~ Q ~ o~~ ~ / . . / ~ ~ 0 . a " .- : ; ~ ~ , "~- ~'- SUBJECT ~ SITE , ~ O ti ~~ o~ Q~ ~ ~ -29- Item VI-I.4. ORDINANCES/RESOL UTION ITEM # 47123 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinances to ACCEPT and APPROPRIATE grants to the FY 2000- 2001 operating budget of the Department of Emergency Medical Services re purchase of defibrillators, supplies and equipment; and, increase estimated revenues accordingly: a. $48, 288 from the State Office of Emergency Medical Services b. $ 4,950 as a private donation from the Sentara Foundation T~oting: 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 12, 2000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANTS IN THE AMOUNTS OF $32,900 AND $15,388 FROM THE STATE OFFICE OF EMERGENCY MEDICAL SERVICES TO THE FY 2000-O1 OPERATING BUDGET OF THE DEPARTMENT OF EMERGENCY MEDICAL SERVICES FOR THE PURCHASE OF DEFIBRILLATORS AND OTHER SUPPLIES AND EQUIPMENT WHEREAS, the State Office of Emergency Medical Services has awarded the City's Department of Emergency Services a matching reimbursement grant of $32,900 to purchase defibrillators, along with a second grant (with no matching requirement) of $15,388 to purchase other supplies and equipment for the City's volunteer rescue squads; and WHEREAS, the Department of Emergency Medical Services has sufficient funds appropriated in the FY 2000-O1 Budget to provide the required match. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA: 21 22 23 24 25 26 27 28 29 30 31 32 33 (1) That a$32,900 grant is hereby accepted from the State Office of Emergency Medical Services and appropriated to the FY 2000-01 Operating Budget of the Virginia Beach Department of Emergency Medical Services to purchase defibrillators. (2) That a$15,388 grant is hereby accepted from the State Office of Emergency Medical Services and appropriated to the FY 2000-01 Operating Budget of the Virginia Beach Department of Emergency Medical Services to purchase other supplies and equipment for the City's volunteer rescue squads. (3) That estimated revenue from the Commonwealth is hereby increased by $48,288. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of September , 2000. CA-7852 DATA/ORDIN/NONCODE/EMS2FLG2.ORD DATE PREPARED: AUGUST 31, 2000 R3 APPROVED AS TO CONTENT: /~~ ~ iG~~ , .ti~r o. Management Servi es APPROVED AS TO LEGAL SUFFICIENCY: ~ i:~~~~~ City Attorney's Office ~m, a~d, a ,~A~/ COM1~~1~T~~'A~L~'~ o f V~~~II~T~A E.~ePe~o~,M.D.M.P.x Department ofHealth StateHealthCommissioner Office of Emergency Medical Services GaryR Brown Director P. Scott Winston Assistant Director July O1, 2000 EDWARD M BRAZLE CITY OF VA BEACH DEPT OF EMS 1917 ARCTIC AVENUE VA BEACH, VA ~4~1 G• Dear Grant A~nistrator: ~ 1538 East Parham Road Richmond, Virginia 23228 1-800-523-6019 (VA only) 804-371-3500 FAX: 804-371-3543 On behalf of the Office of Emergency Medical Services (EMS) it is my pleasure to announce that your agency has been awarded funding from the OEMS Consolidated Grants Program. This program includes the Rescue Squad Assistance Fund (RSAF) and the Advanced Life Support Training Fund. The RSAF also includes the special initiatives of Automatic Extemal Defibrillators, Computer/Data Collection and EMS Management & Leadership Training for the recruitment and retention of EMS personnel. The attached Award Page itemizes the actual dollar value and item(s) your agency has been awarded under this program. - It is the goal of the Grants Division of the Office of EMS (OEMS) to provide the best customer service possible. In order to handle your grant in a timely and efficient manner please_ provide the grant number when submitting correspondence to OEMS and understand the attached information: • Instructions for Grant Reimbursement: This includes information on grant cycle dates, award acceptance, documentation needed to request reimbursement, how to apply for a grant extension/modification, and final ~, reporting. • Agreement for Services: This form states the requirements that have been established for grant awards and must be signed and returned to OEMS no later than September 1, 2000. • Reimbursement Request Form for ALS Training Funds: If you have been awarded funds for ALS training courses/classes, you must complete the Reimbursement Request Form for ALS Training Funds and attach all required documentation. A checklist is provided for your convenience. ~ Conditions: You must comply with any and all conditions listed on the Award Page to receive grant reimbursement. Failure to follow the instructions and ct~mply with any and all conditions, when purchasing any equipment or making any obligations for training, could result in your grant being revoked. ~DH~ ~HNT P-aedkg You and Your fmirorxmnt www.vdh.state.va.us/oems CITY OF VA BEACH DEPT OF EMS July l, 2000 Page #2 Please remember that grant funding is provided to reimburse the grantee for awarded item(s) during the July 1, 2000 - June 30, 2001 grant period only. It would be in your agency's best interest to purchase awarded item(s) by December 31, 2000 for the best price advantage, but no later than June 30, 2001. Grant~s are encouraged to contact Judith Link, Grants Specialist or Carol S. Morrow, OEMS Grant Program Manager at (804) 371-3500 or 1-800-523-6019, with any questions you may have. Con ratulations, Ga . Brown Director Enclosures Office of Emergency Medical Services Consolidated Grant Program AWARD PAGE July 1, 2000 - June 30, 2001 Grant Period Agency Name: CITY OF VA BEACH DEPT OF EMS Grant Number: TI-C06/06-00 Quantity Funding Code Items Requested Status Funded $ Level G 10040 MRL DEFIB ~ FUNDE~ 8 50 Conditions: Agency must remove LifePak 5s from service. Amount Funded $31,200.00 G 10041 STRYKER STRETCHER NOT FUNDED G 10042 MULTI-MEDIA PROJECTOR NOT FUNDED G 10043 PA - AED FUNDED 2 50 $1,700.00 Conditions: AEDs must be on all EMS licensed response vehicles prior to public access. If public access, must adhere to AED registry guildelines. G 10044 CAMP 911 PROGRAM NOT FUNDED T 10045 Shock Trauma Course: VIRGINIA FUNDED 1 100 $3,110.00 BEACH Conditions: Must satisfy all ALS course requirements, and are subject to audit by OEMS. T 10046 Paramedic Required Topics Course: FUNDED 1 100 $3,840.00 VIRGINIA BEACH Conditions: Must satisfy all ALS course requirements, and are subject to audit by OEMS. T 10047 PALS Course: VIRGINIA BEACH FUNDED 1 100 $1,280.00 Conditions: Must satisfy all ALS course requirements, and are subject to audit by OEMS. T 10048 ACLS Course: VIRGINIA BEACH NOT FUNDED T 10049 Shock Trauma to Cardiac Course: FUNDED 1 100 $1,548.00 VIRGINIA BEACH Conditions: Must satisfy all ALS course requirements, and are subject to audit by OEMS. $42,678.00 G- Rescue S..quad Assistance Fvnd R- Recruitment and Retention T- ALS Training Fund 1 Office of Emerqency Medical Services Consolidated Grant Program AWARD PAGE January l, 2000 - December 31, 2000 Grant Period Agency Name: CITY DF VA BEACH DEPT OF EMS Grant Number: TI-C05/12-99 Quantity Funding Amount Code Items Requested Status Funded ~ Level Funded G 9671 SEMI-AUTO DEFIB NOT FUNDED G 9672 HEARTSIM 200 NOT FUNDED G 9673 MGT & LEADERSHIP TRAINING FUNDED 1 50 $1,500.00 T 9674 EMT to Cardiac Course: VIRGINIA FUNDED 1 $2,830.00 BEACH Conditions: Must satisfy all ALS course requirements, and are subject to audit by OEMS. T 9675 BTLS Course: VIRGINIA BEACH FUNDED 1 $1,280.00 Conditions: Must satisfy all ALS course requirements, and are subject to audit by OEMS. $5,610.00 G- Rescue Squad Assistance Fund R- Recruitment and Retention T- ALS Training Fund 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 AN ORDINANCE TO ACCEPT AND APPROPRIATE A$4,950 GRANT FROM THE SENTARA FOUNDATION TO THE FY 2000- O1 OPERATING BUDGET OF DEPARTMENT OF EMERGENCY MEDICAL SERVICES FOR THE PURCHASE OF AUTOMATIC DEFIBRILLATORS WHEREAS, the Sentara Foundation has awarded the City a matching grant in the amount of $4,950 toward the purchase of automatic defibrillators to be placed in public buildings; and WHEREAS, the Department of Emergency Medical Services has sufficient appropriations in its current budget to provide the required match. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: (1) That a$4,950 grant is hereby accepted from the Sentara Foundation and appropriated to the FY 2000-01 Operating Budget of the Department of Emergency Medical Services for the purpose of purchasing automatic defibrillators to be placed in public buildings; and (2) That estimated revenues from private donations are hereby increased by $4,950. Se tember Adopted the 12th day o~ , 2000, by the Council of the City of Virginia Beach, Virginia. CA-7851 DATA/ORDIN/NONCODE/EMS-SENTARA.ORD DATE PREPARED: AUGUST 31, 2000 R2 APPROVED AS TO CONTENT: ' ~' ~~~ ~Department of Man~n~rvices APPROVED AS TO LEGAL SUFFICIENCY: / Department of Law Gll~lA'BFA J~4 ~ c~L 04 ' ~ ~ ~,~ CITY OF VIRGINIA BEACH . -- ~= , a = ~ ~~ ' = AGENDA ITEM ~ ~~ ~? 74*r ~~ F S ~ OUR N~t~ON TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Acceptance of AED Grant MEETING DATE: September 12, 2000 Background: Each year more than 200 people suffer sudden cardiac arrest (SCA) in Virginia Beach. Many of these incidents occur in public places. Unfortunately, very few of these patients can be resuscitated and survive to hospital discharge. While Virginia Beach has actively worked to improve cardiac arrest outcomes since the early 1970s, our survival rates are only slightly above the national average. Research clearly shows that the sooner defibrillation is applied to victims of SCA, the more likely they are to survive. In fact, a person in a"shockable" rhythm loses 10% probability of conversion each minute after arrest. A typical case requires one minute for the 911 call to be placed, two minutes for dispatch and response of rescuers, and four minutes of travel before a defibrillator is at a patienYs side. This seven minute delay reduces that patient's chance of electrical conversion by 70%. This situation is not unique to Virginia Beach. The American Heart Association believes that as many as 50,000 lives can be saved nationwide by placing automatic defibrillators (AED) in the hands of inembers of the public. The airline and casino industries have been leaders in this effort, saving dozens of lives around the country. Some large venues, such as Chicago's O'Hare and Midway airports have embraced the concept of deploying the AED much like a fire extinguisher. President Clinton has directed placement ofAED's in all federal buildings. The Department of Emergency Medical Services has worked closely with other City agencies to explore the possibility of placing AEDs in City of Virginia Beach facilities. The initial target sites are recreation centers, Pavilion, and City Hall. The Department of EMS has been awarded a private grant by the Sentara Foundation to support this initiative. Considerations: • The Department of EMS was awarded a grant for $4,950.00 for the purchase of three AEDs. This grant requires a 50% match by local funds. The Sentara Foundation will provide one half of the award amount ($2,475.00) immediately and the other half ($2,475.00) no later than January 31, 2001. • Emergency Medical Services currently has sufficient matching funds budgeted in FY 2000-01. Public Information: • The Sentara Foundation has already announced the award via a press release. • The Department of EMS intends to seek media coverage once the AEDs are in place. • Public information for this request will be handled through the normal Council agenda process. Alternatives: Do not pursue public access defibrillation in City buildings. Decline to accept grant funds. Accept the grant funds and proceed with the project. Recommendations: Accept the Sentara Foundation grant award of $4,950.00 and adjust the Department of Emergency Medical Services budget accordingly. Attachments: Sentara Foundation award letter. Ordinance Recommended Action: Approval of Recommendation Submitting DepartmenUAgency: _ City Manager: of Emergency Medical Services ~~~~w ~`~~.,. ~~}',.,,: S E N T A R A,. ,x ..~ Y ~ ~.a~,, i Sentara Healthcare Sentara Health Foundation May 30, 2000 Edward M. Brazle, Division Chief Virginia Beach Depariment of EMS 1917 Arctic Avenue Virginia Beach, VA 23451 Dear Chief Brazle: 6015 Poplar Hall Drive, Suite 306 Norfolk, VA 23502 (757) 455-7970 Congratulations! The Sentara Health Foundation has awarded Virginia Beach Department of EMS a grant of $4,950.00 for its program to provide automatic defibrillators for public access use at three locations in VB. The cycle for this grant is July 1, 2000 to May 30, 2001. The grant will be distributed in two equal payments, in July 2000 and January 2001. As explained in the grant application, you will be required to review and sign a Letter of Agreement as part of the Recognition Grant process. Once this document has been signed and processed, you will receive your first installment of the grant. On Thursday, June 22, 2000, from 9:00-11:00 a.m., you will need to attend an orientation. At this orientation, the Foundation will distribute and review Letters of Agreement and grant requirements, sign the Letters, and answer any questions you may have regarding your grant. The person responsible for signing this form of agreement should attend this meeting, along with the person who will implement the program. Please mark your calendar to attend and sign your Letter of Agreement in the Human Resources (HR) Classroom on the third floor of 6015 Poplar Hall Drive in Norfolk. Directions are attached. If you have any questions or are unable to attend, please contact the Sentara Foundation office at (757) 455-7970. Yours in Health... SENT ~- TH FOUNDATION GINA L. ITRONE ive Director Attachment -30- Item VI-I.S. ORDINANCES/RESOL UTION ITEM # 47124 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinances to TRANSFER funds to the FY2000-2001 operating budget of the Department of Housing and Neighborhood Preservation: a. $700, 000 to provide a no interest loan to acquire and rehabilitate the PINE OAKSAPARTMENT COMPLEX b. $200, 000 Virginia Beach Community Development Corporation to acquire and rehabilitate housing for low income families Voting: 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 12, 2000 1 AN ORDINANCE TO TRANSFER $700,000 2 WITHIN THE FEDERAL HOUSING 3 ASSISTANCE GRANT FUND OF THE FY 4 2000-2001 OPERATING BUDGET OF THE 5 DEPARTMENT OF HOUSING AND 6 NEIGHBORHOOD PRESERVATION FOR THE 7 PURPOSE OF PROVIDING A NO INTEREST 8 LOAN TO ACQUIRE AND REHABILITATE THE 9 PINE OAKS APARTMENT COMPLEX 10 WHEREAS, the City of Virginia Beach Department of Housing and 11 Neighborhood Preservation provides federal funding to secure 12 affordable housing for low income families; 13 WHEREAS, the expiration of the HUD subsidy to the Pine Oaks 14 apartment complex could result in a loss of 154 units of affordable 15 housing unless the City intervenes with financial support using 16 federal funds; and 17 WHEREAS, the partnership that is purchasing Pine Oaks, VB One, 18 L.P., has submitted an application for the Low Income Housing Tax 19 Credit, which is dependent upon assistance from the City. 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 1. That $700,000 is hereby transferred within the Federal 23 Housing Assistance Grant Fund of the FY 2000-2001 Operating Budget 24 of the Department of Housing and Neighborhood Preservation for the 25 purpose of providing a no interest loan to VB One, L.P. to acquire 26 and rehabilitate the Pine Oaks apartment complex; and 27 2.The City Manager is hereby authorized to execute a contract 28 between the City and VB One, L.P. 29 Adopted by the Council of the City of Virginia Beach, 30 Virginia, on the 12th day of September , 2000. 31 Requires an affirmative vote by a majority of the members of 32 Ci ty Council . CA7855 F:\Data\Aty\Noncode\Pine oaks.ord.wpd September 1, 2000 R4 Approved as to Content: ~ _.~ Management Ser ces Approved as to Legal Sufficiency: City Attorney's Office 1 AN ORDINANCE TO TRANSFER $200,000 2 WITHIN THE FEDERAL HOUSING 3 ASSISTANCE GRANT FUND OF THE FY 4 2000-2001 OPERATING BUDGET OF THE 5 DEPARTMENT OF HOUSING AND 6 NEIGHBORHOOD PRESERVATION FOR THE 7 PURPOSE OF PROVIDING FUNDING FOR THE 8 VIRGINIA BEACH COMMUNITY DEVELOPMENT 9 CORPORATION TO ACQUIRE AND 10 REHABILITATE HOUSING FOR LOW INCOME 11 FAMILIES 12 WHEREAS, the City of Virginia Beach Department of Housing and 13 Neighborhood Preservation provides annual funding to the Virginia 14 Beach Community Development Corporation (VBCDC) to acquire and 15 rehabilitate housing to assist low income families; and 16 WHEREAS, additional City contributions are needed by the VBCDC 17 to secure a low interest loan from the Federal Home Loan Bank to 18 acquire and rehabilitate housing for low income families. 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 That $ 200,000 of existing appropriations are hereby 22 transferred within the Federal Housing Assistance Grant Fund of the 23 FY 2000-2001 Operating Budget of the Department of Housing and 24 Neighborhood Preservation for the purpose of providing additional 25 funding to the Virginia Beach Community Development Corporation to 26 acquire and rehabilitate housing for low income families. 27 Adopted by the Council of the City of Virginia Beach, 28 Virginia, on the 12th day of September , 2000. 29 Requires an affirmative vote by a majority of the members of 3 0 Ci ty Counci 1. 31 CA7848 32 F:\Data\ATY\Ordin\NONCODE\VBCD Hsg.ord.wpd 33 September 6, 2000 34 R2 35 36 Approved as to Content: Approved as to Legal 37 Sufficiency: 3 8 ~~.~li~-l/~' (~ . ~ 39 Management Service~ /~~ City Attorney's Office -31 - Item VI-I.6. ORDINANCES/RESOL UTION ITEM # 47125 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED License - $119, 586. SI Tax -$ 5,379.41 Voting: 11-0 (By Consent) Council Members Tjoting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. .7ones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 12, 2000 FORM NO. C.A. B REV. 3/BB 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 foilowing applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE YEAR PAID BASE INTEREST TOTAL AUTOMATED MANAGEMENT SYSTEMS INC 2000 08/04/00 138.18 0.00 138.18 CADRE INC 04/18/00 AUDIT+00 LIC 85.43 11.05 96.48 CHRISTIE GEO 08/02/00 AUDIT 6,362.95 901.55 7,264.50 CRUISE VENTURES INC 07/28/00 AUDIT 168.07 22.40 190.47 EWING ENTERPRISES INC 08/09/00 AUDIT 358.75 50.80 409.55 GLOBAL TELECARD SERVICES INC 07/28/00 AUDIT 1,515.81 0.00 1,515.81 H L THOMPSON INC 07/31/00 AUDIT 85.80 11.44 97.24 HDR ENGINEERING INC 07/31/00 AUDIT 18,789.89 3,044.28 21,834.17 HERITAGE STORE INC THE 07/31/00 AUDIT 283.36 37.09 320.45 INDEPENDENCE ASSOCiATES 07/28/00 AUDIT 78.38 6.36 84.74 INGRAMS PHARMACY INC 2000 08/09/00 15.00 0.00 15.00 JOCEE ENTERPRISES INC 08/01/00 AUDIT 759.99 136.95 896.94 KIMLEY-HORN 8 ASSOCIATES INC 07/31/00 AUDIT 35,179.79 4,688.76 39,868.55 MORRIS RICHARD L 08l08/00 AUDIT 8,373.89 418.35 8,792.24 MOTHERHOOD MATERNITY SHOPS INC 08/01/00 AUDIT 1,267.88 206.03 1,473.91 PARKERS AUTO PARTS INC 07/31/00 AUDIT 589.21 9.92 599.13 PAYDAY PAYROLL INC 2000 08/09/00 27.00 0.00 27.00 POSEIDEN INC 08/02/00 AUDIT 66.16 27.30 93.46 PRICE WILLIAM J DR 07,/31/00 AUDIT 141.24 21.16 162.40 PROLOGUE PUBLISHING INC ~ 08/02/00 AUDIT 341.45 71.18 412.63 REPRODUCTIVE HEALTH CARE ASSOC 07/28/00 AUDIT 764.16 36.33 800.49 RESULTS UNLIMITED INC 08/02/00 AUDIT 106.60 68.43 175.03 REYES TERESA D OS/08/00 AUDIT 40.00 5.66 45.66 RHEE IK WOO 08/08/00 AUDIT 785.38 0.00 785.38 RHODES INC 08/08/00 AUDIT 12,919.79 0.00 12,919.79 RICHARD N VALENTINE JR PC 07/28/00 AUDIT 699.20 192.08 891.28 ROLLINS DAVID H 08/07/00 AUDIT 184.00 9.20 19320 ROOSTERS INC 08/04/00 AUDIT 152.98 0.00 152.98 SHIELD REALTY CO INC 2000 OS/09/00 153.99 0.00 153.99 SPECTRA GROUP INC THE 07/28/00 AUDIT 87.29 3.64 90.93 TACO BELL INC 08/08/00 AUDIT 3,282.60 507.98 3,790.58 TALBOT DOUGLAS JR 07/28/00 AUDIT 40.00 12.66 52.66 VA BEACH EXECUTIVE SUITES INC 08/07/00 AUDIT 316.23 34.83 351.06 VISTA GRAPHICS INC 08/08/00 AUDIT 149.65 34.13 183.78 Certifie as t ~ Com ssioner of he Revenue Approved as to form: City Attorney's Office This ordinance shall be effective from date of adoption. The above abatement(s) totaling 104,879.66 were approved by the Council of the City of Virginia Beach on the 12th day of september ,2000 Ruth Hodges Smith City Clerk Foan~ No. ca e r~v. vee 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 foilowing applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE gASE INTEREST TOTAL _ _ YEAR PAID A S G INC 07/21/00 AUDIT 2,667.53 179.99 2,847.52 ALLEY SCOTTIE D 08/11/00 AUDIT 612.33 30.60 642.93 AMBASSADOR ENTERPRISES INC 2000 OS/14/00 196.12 0.00 196.12 CAMPO ROAD INC 04/24/00 AUDIT 15.58 6.02 21.60 CHEN JI WEI 08/10/00 AUDIT 336.10 0.00 336.10 DESIGN BUILDERS INC 08/16/00 AUDIT 126.92 0.00 126.92 HAVERTY FURNITURE COMPANY INC 08/16/00 AUDIT 1,722.14 262.63 1,984.77 METRO INFORMATION SERVICES INC 08/10/00 AUDIT 714.71 28.39 743.10 P D S INC 08/10/00 AUDIT 1,095.43 166.16 1,261.59 PHILADELPHIA COLD CUTS INC 08/11/00 AUDIT 49.29 6.43 55.72 SIMONS TERRY L 08/16/00 AUDIT 10.00 3.25 13.25 STUDIO STREET INC 08/11/00 AUDIT 367.85 52.09 419.94 TANK LINES INC 08/14/00 AUDIT 2,805.83 140.24 2,946.07 VIRGINIA BEACH AMBULATORY SURGERY CENTER 08/16/00 AUDIT 1,749.42 842.08 2,591.50 WHITWORTH THOMAS B JR & YVONNE 08/16/00 AUDIT 519.72 0.00 519.72 Certifie as to pa ment: Co miss ner o t e Revenue Approved as form: ity Att mey's O~ce This ordinance shall be effective from date of adoption. The above abatement(s) totaling 14,706.85 were approved by the Council of the City of Virginia Beach on the 12th day of september ,2000 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Year Type Ticket of Tax Number Exoneration Number Date Paid Penalt Int. Total Woodstock Point Assoc. LLC 1999 RE(1/2) 99-136171-7 EA 12/23/98 81.15 Scott, Dora L. & Clifford II 2000 RE(1/2) 00-110889-3 EA 11/19/99 258 61 Scott, Dora L. & Clifford II 2000 RE(2/2) 00-110889-3 EA OS/11/00 . 258.61 Fisher, Henry & Vickie 1997 RE(1/2) 97-039326-9 EA 11/18/96 41.92 Fisher, Henry & Vickie 1997 RE(2/2) 97-039326-9 EA OS/19/97 41 92 Fisher, Henry & Vickie 1998 RE(1/2) 98-039631-8 EA 11/25/97 . 41.92 Fisher, Henry & Vickie 1998 RE(2/2) 98-039631-8 EA OS/19/98 41.92 Fisher, Henry & Vickie 2000 RE(1/2) 00-040651-8 EA 11/19/99 42.48 Fisher, Henry & Vickie 2000 RE(2/2) 00-040651-8 EA OS/11/00 42.48 Fisher, Henry & Vickie 1999 RE(1/2) 99-040206-0 EA 11/18/98 41.92 Fisher, Henry & Vickie 1999 RE(2/2) 99-040206-0 EA OS/13/99 41.92 Linkhorn Bay Associates LLC 2000 RE(1/2) 00-074693-7 EA 11/17/99 1894.05 Linkhorn Bay Associates LLC 2000 RE(2/2) 00-074693-7 EA OS/25/00 1894.05 Lynch, Mary H. 2000 RE(2/2) 00-076660-1 05/26/00 37.24 Herman, Robert & Cathy 2000 RE(2/2) 00-055633-9 OS/15/00 98.67 Secretary of Virginia 2000 RE(2/2) 00-127155-4 OS/16/00 297.06 Paulson & Nuckols 2000 RE(1/2) 00-140815-9 04/07/00 208.50 Coronel, Virgilio P. 1996 PP(1/2) 96010475901 08/09/00 1.00 4.04 14.99 TOTAL: This ordinance shall be effective from date of adoption. The above abatement(s) totaling ~ 5, 3 7 9. 41 were approved by the Council of the City of Virginia Beach on the 12th day of September, 2000 Ruth Hodges Smith City Clerk c:e i~ d as to payment; ~ ~ ` John . At in n, Treasurer Approved as to form: Leslie L. illey, City Attorney $5,379.41 -32- Item VI-J.1. ORDINANCES/RESOL UTION ITEM # 47126 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Resolution to APPROVE the issuance of FIRST MORTGAGE REVENUE BONDS, not to exceed $10, 000, 000, by the Virginia Beach Development Authority re BETH SHOLOM TERRACE for a memory impaired and assisted living project at Auburn Drive and College Park Boulevard Voting: I1-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 12, 2000 RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF NOT TO EXCEED $10,000,000 OF FIRST MORTGAGE REVENUE BONDS BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY FOR BETH SHOLOM TERRACE WHEREAS, the City of Virginia Beach Development Authority (the "VBDA"), has considered the application of Beth Sholom Terrace, a not-for-profit Virginia nonstock corporation (the "Borrower"), for the issuance and sale of its 2000 First Mortgage Revenue Bonds (Beth Sholom Terrace Project), in a principal amount not to exceed $10,000,000 (the "Bonds"), to finance a portion of the cost of the acquisition, construction and equipping of an approximately 59,000 square foot, 71 unit memory impaired and assisted living project and related facilities (the "Project"), located on approximately 2 acres of land on the southwest corner of the intersection of Auburn Drive and College Park Boulevard, Virginia Beach, Virginia 23464; WHEREAS, the Borrower will own and operate the Project; WHEREAS, Section 147( fl of the Code provides that the highest elected governmental officials of the governmental units having jurisdiction over the issuer of private activity bonds and the area in which any facility financed with the proceeds of private activity bonds is located shall approve the issuance of such bonds; WHEREAS, the Project is located in the City of Virginia Beach and the members of the City Council of the City of Virginia Beach (the "Council") constitute the highest elected governmental officials of this City; WHEREAS, Section 15.2-4906.C of the Code of Virginia of 1950, as amended (the "Virginia Code"), provides that a governing body shall within 60 calendar days from a public hearing with respect to bonds requiring public approval under the Internal Revenue Code either approve or disapprove the issuance of such bonds; WH~REAS, the VBDA held a public hearing on July 20, 1999, and by resolution approved the Borrower's Project following that public hearing, whereupon the Council subsequently approved the Borrower's Project as well, but the Bonds were not issued within one year of the VBDA's public approval, as required by Treas. Reg. §Sf.103-2(fl(3)(ii), making it necessary for the Borrower to repeat the public approval process so its Bonds could be issued within one year of public approval; HN1:2302463 WHEREAS, the VBDA held a public hearing on August 15, 2000, on the Borrower's request for the issuance of the Bonds to finance the Project; WHEREAS, a copy of the VBDA's resolution reaffirming its approval of the Borrower's Project and financing request, a reasonably detailed summary of the comments expressed at the public hearing with respect to the Bonds, and a statement in the form prescribed by Section 15.2- 4907 of the Virginia Code have been filed with the Council, together with the VBDA's recommendation that the Council approve the Borrower's Project and financing; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA; The above-mentioned recitals are hereby adopted as a part of this Resolution. 2. The Council reconfirms its approval of the Borrower's Project and the Bonds, to the extent required by Section 147(~(2)(D) of the Code and Section 15.2-4906 of the Virginia Code. 3. The approval of the Bonds, as required by Section 147(~(2)(D) of the Code and Section 15.2-4906 of the Virginia Code, does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Project or the Borrower, but, as required by Section 36-29 of the Virginia Code, the Bonds shall provide that neither the City of Virginia Beach nor the VBDA shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor and neither the faith or credit nor the taxing power of the Commonwealth of Virginia, the City of Virginia Beach nor the VBDA shall be pledged thereto. 4. This Resolution shall take effect immediately upon its adoption. 12th of S~p~~ember Adopted by the Council of the City of Virginia Beach, Virginia, on ,~I ATTEST: Clerk of the Council ~.'e"~ `~ J'~:;"~g~:~ ~°.i~~" d ;~:.:3 ~! ~ ~ ~~r(''i. a::{ °~:i;`:`df,",afi"':?.'.9°:~. r.`.'u...+~:.?c~i~~= r,:/ti`~ ~ I..,dei..i`t;~:d ~ ~ rs ....~.o..~v~..a...a ~~S -DO ---- ~,~~ .,; ~ ~~ R ~ ~, . HN I :230246.3 2 y~ - ~.. ; ;n•;" ., 4r i ~ i; ~ ~ ~~~ ' `~ ~ City of Virgir~ia Beac1-~ . r~ ' w f ~`4:~-':. ' 9 ~ ..., Z 10~9 - . Y ~`~2 ~~Ts 5 0~ . t~~F OUR NA~~~N LESLIE L. LILLEY CITY ATTOHNEY MUNICIPAL CENTER BUILDING 1 2401 COUfiTHOU9E DRIVE VIRGINIA BEACH, VA 2345&-9004 (757)427-4531 FAX (757) 426-5687 In Rep1y Refer To Our File No. CA7g26 TDD (757) 427-4305 August 26, 1999 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk Municipal Center Virginia Beach, VA 23456 Re: Beth Sholom Terrace First Mortgage Revenue Bond - $10,000,000 Dear Mrs. Smith: Enclosed please find documentation forwarded by the Virginia Beach Development Authority (Authority), in connection with the Authority's action on the referenced bond application. A public hearing on this application was held before the Authority on August 15, 2000. No members of the public appeared to comment on the proposed bond issue. Included with the enclosed documents is a copy of the Authority's Resolution for the Beth Sholom Terrace project (Exhibits C) and a copy of the Fiscal Impact Statement for the project (Exhibit F). Pursuant to the provisions of Section 147 of the Internal Revenue Code of 1986, as amended, these documents are to be placed on file in your Office and made a part of the public record. Very truly yours, Leslie L. Lilley City Attorney LLL/GLF/rab Enclosures • cc: The Honorable Mayor & Members of City Council James K. Spore, City Manager Pyoud Recipient of the 1998 U. S. Senate Medallion of Excellence for Productivity and Quality in the Public Sector. v'IRGINIA B~ ~CH August 15, 2000 The Honorable Meyera E. Oberndorf, Mayor Members of City Council Municipal Center • Virginia Beach, VA 23456 Re: Beth Sholom Terrace Project Revenue Bonds Dear Mayor Oberndorf and Members of City Council: Department of Gconomic Development One Columbus Cen[er, Suite 300 Virginia Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 Website www.virginia-beach.va.us/depdecondev E-mai! ecdev@city.virginia-beach.va.us We suUmit the following in connection with project Beth Sholom Terrace located on approximately 2 acres of land on the southwest corner of the intersection of Auburn Drive and College Park Boulevard, Virginia Beach, Virginia 23464. (1) Evidence of publication of the notice of hearing is attached as Exhibit A, and a summary of the statements made at the public hearing is attached as Exhibit B. The City of Virginia Beach Development Authority's (the "Authority") resolution recommending Council's approval is attached as Exliibit C. (2) The Disclosure Statement is attached as Exhibit D. (3) The statement of the Authority's reasons for its approval as a benef t for tl~e City of Virginia Beach and its recommendation that City Council approve the modification of tl~e bonds described above is attached as Exliibit E. The Honorable Meyera E. Oberndorf, Mayor Members of City Council August 15, 2000 Page 2 (4) The Fiscal Impact Statement is attached as Exhibrt F. (5) Attached as Exhibit G is a summary sheet setting forth the type of issue, and identifying the Project and the principals. (6) Attached as Exhibit H is a letter from the appropriate City department commenting on the Project. Very truly yours, St phen W. Burke Chairman SWB/GLF/rab Enclosures F THE VIRGINTAN-~F1Z~T NORFOLK, VIRGINIA AFFIDAVIT OF PUBLICATION The Beacon --------------------------------------------------+--------------------------- HOFHEIMER NUSBA[)M, P.C. 999 WATERSIDE DRIVE DOMINION TOWER, Ste 1700 NORFOLK, VA 23510 REFERENCE: 00034867 Wm L. Nusbau 7P8600800 BONDS State of Virginia City of Norfolk This day, D. Johnson personally appeared before me and after being duly sworn, made oath that: 1) She is affidavit clerk of The Virginian-Pilot, a newspaper published by Landmark Communications Inc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and Virginia Beach, State of Virginia. 2) That the advertisement hereto annexed has been published in said newspaper on the date stated. I ~ PUBLISHED ON: 07/30 08/06 I ~ ~ ~ TOTAL COST: 292.04 AD SPACE: 98 LINE~ FILED-ON~__-__08/11/00 I - - ~-- -----,11.--------------+--------------------------- Legal Affiant: ~)~ Subscribed and sworn to efore in my city and state on the day and year aforesaid this /s..~ day of (/op Notary: ~O• V~.(,n My commission expires ,Ia~tnr~3T,-ggg.q g~~,3~~4J EXH~B~T A NOTICE OF PUBLIC HEARING OF THE CITY OP VIRGINIA BEACH DEVELOPMENT AUTHORITY TUESDAY, AUGUST 15, 2000 ~II persons interested in the proposed issuance of the Delow- menUoned bonds by lhe City of Virginia Beach Development Authority (the "Authorily') should take notice that the Authoriry will hold a public hearing on the subject of such bonds and the related plan of financing on August 15, 2000, at 8:30 a.m., in the offices of the City of Virginia Beach Development Authorily at One Columhus Center, Suite 300, Virginia Beach, Virginia, which hear- ing may be adjourned or continued without further notice. Any persons interested in the issuance ol tha bonds or ihe location or nature of the proposed facilities may appear at Ihe hearing and present his or her views. The maximum amount, initial owner or operator o( the faciliry to be tinanced thereby, loCation of the facility to be financed thereby and purpose of the bonds being considered are as (ollows; 510,000,000.00 City of Yirginia Beach Development Authority 2000 first Mortgage Revenue Bonds (Beth Sholom Terrace Pro- jecq, for the benefd ot Beth Sholom Terrace, a not-for-profit Vugirna nonstock corporation (the "ApplicanC'I, (or the purpose of financing the acquisition, construction and equipping of an approxi- mately 59,000 square toot, 71 unit memory impaired and assisted living project and related tacilities (the "Pro~ect"). laated on approximately 2 acres of land on the southwest comer of the intersection of Auburn Orive and Colleqe Park Boulevard, Virginia Beach, Virginia 2346a. The Project will be owned and operated by lhe Applicant, whose principal place of business is located at 6401 Auburn Orive, Virginia Beach, Vuginia 23464. Said proposed bonds, if issued, wili not create a debt or pledge of the laith and credit of the Commonwealth of Virginia, the Cily of Virginia Beach or the Authoriry, and will no~ be payable from state or local tax revenue. Rather, such bonds will be limiled obligations of the Authoriry, payable solely from funds provided by the benefi- ciary ot lhe bo~ds identi6ed above. A copy of the Applicant's application is on file and open for inspecUOn at the Authoritys oftice, at One Columbus Center, Swte 300, Virginia 8each, Virginia 23462, during business hours. Per- sons wishing to address the Cily of Virginia 8each Development Authoriry at the public heari~g on the subject ot Ihe above bond issue are requested to notify the undersigned at 437-6464, pre- I ceding lhe meeling. Stephen W. Burke, Chair, Cily of Virginia Beach Development Authoriry Virgmia Beach Beacon July 30 and August 6, 2000 EXHiBiT A NOTIC~ OF PUBLIC H~ARING OF TFi~ CITY OI~' VIRGINIA B~ACII DEVELOPMENT AUTHORITY TUESDAY, AUGUST 15, 2000 All persons interested in the proposed issuance of the below-mentioned bonds by lhe Cily of Virginia Be~ch Development Authority (the "Authority") should take notice that the flutliorily ~vill l~old a public hc~ring on the subject oF such bonds and the related plan of [inancing on ~lugust I5, 2000, al 8:30 a.n~., in tlie ol~t7ces of thc City of Virginia Beach Develo~~ment nuthority at One Columbus Center, Suite 300, Vll'glIlll B~i1CI1, Virginia, which hearing may Ue adjourncd or coiltinued withoul fiirtller nolice. Any persons intcrested in lhe issuance of the boncis or the location or nature of the proposed facilities may appear at tlie llearing and presenl his or her views. "Tlie maximwn amount, initial owner or operator of the facility to be financed thereby, location of lhe facility to be financed thereby and purpose of the boncls being considered are as follows: $10,000,000.00 City of Virginia Beacli Development Authority 2000 First Mortgage Revenue Bonds (IIetli Sliolom Terrace Project), for the benefit of Betll Sliolom Terrace, a not-Por-profit Virginia nonstock corporation (the "Applicant"), for the purpose of financing the acquisition, construction and equipping of an approximately 59,000 square foot, 71 unit memory impaired aiid assisted living project and related facilities (ihe "Project"), located on approximately 2 acres of l~nd on the southwest corner of the intersection of Auburn Drive and College Park I3oulevard, Virginia Beach, Virginia 23464. The Project will be owned and operated by the Applicant, whose principal place of business is located at 6401 Auburn Drive, Virginia 13each, Virginia 23464. Said proposed bonds, if issued, will not create a debt or pledge of the faith and credit of llle Coinmoiiwealtli of Virginia, tlie City of Virginia Beacl~ or the Authority, and will not 1 IN I :288270. I be payable from state or local tax revenues. Rather, such bonds will be limited obligations of the Authority, payable solely from funds provided Uy the beneficiary of the bonds identified above. A copy of lhe Applicant's application is on file and open for inspection at tlle Authorily's office, at One Columbus Center, Suite 300, Vir~;inia Beach, Virginia 23462, during business hours. Persons wishing to address the City of Virginia l3each Development Authority at the public liearing on tlie suUject of the above bond issue are requested to notify the undersigned at 437-6464, preceding the meeting. Stephen W. Burke, Chair, Cily of Virginia Beach Development Authority ~iNi:zssz~o.i 2 ~XH~31T B CITY OF VIRGINIA BEACH DEVELOPMENT AUTIIORITY RECORD OP PUBLIC HEARING AUGUST 15, 2000, AT 8:30 A.M. (BETH SHOLOM TERRACE PROJECT) The Chaiiman of the City af Virginia Beach Development Authority (the "Authority") announce~l the commencement of a public hearing on the reguest of Be[h Sholom Terrace, a not-for- profit, Virginia nonstock corporation (the "Applicant"), and that a notice of the public hearing was published once a week for two consecutive weeks in a newspaper having general circulation in the City of Virginia 13each, Virginia, the filst publication being not less than 14 days prior to the heai-ing and the second publication being not moce than 21 days prior to thc hearing. The Chairman indicated th~t a copy of the notice and a certificate of publication of such notice were being filed with lhe records of the City Council of the City of Virginia Beach. The following individuals appeared and addressed the Authority: Mr. I-I. David Cmbree appeared as bond counsel on behalf oP the Applicant. Mr. Embree gave a brief description of the Project (defined below). He explained that the proposed issuance of $10,000,000 of the Authority's 2000 First Mortgage Revenue Bonds (Beth Sholom Terrace Project) (the "Bonds") would fund the acquisition, construction and equipping of an approximately 59,000 square foot, 71 unit memory impaired and assisted living project and related facilities located on approximately 2 acres of land on the southwest corner of the intersection of Auburn Drive and College Park Boulevard (the "Project"), in the City of Virginia Beach. Mr. Embree then introduced NIr. I3ryan Mesh, Executive Vice President of both the Applicant and I3eth Sholom Home of Eastern Virginia, the sole member of the Applicant. Mr. Mesh then described the Project in greater detail, confirmed that no rezoning was required, lhat site plan approval had been obtaincd, anci indiealecl that it would acldress the publie need for more impaired memory and assisted living units wichin the City of Virginia Beach. No olher persons appeared to address the Authority, and the Chairman closed the public hearing. Following lhe closing of the public heac-ing, a resolution entitled "Resolu[ion Evidencing ~he Official Intent of the City of Virginia Ileach Development Authority to Issue its First Mortgage Revenue IIonds for Beth Sholom Terrace in the Principal Amount Not to Lxceed $10,000,000" was moved, secondecl and unanimously adopted by the Authority. f IN I :2302G I .3 The Authority hereby recommends that the City Council of the City of Virginia Beach, Virginia approve the proposed financing for state law and federal tax law purposes, transmits the Fiseal Impact Statement to the City Council of the City of Virginia Beach, and asks that this recommendation be received at the next regular or special City Council meeting at which this matter can be properly placed on the agenda for hearing. f IN I 2]02G 1.J ExH~a~~r c RI:SOLUTION R~AFI'IItMING TI-IC OPPICIAL IN"I'LNT OP TIIC CI"I'Y OIi VIRGINIA B~ACI I D~VELOPMCNT AUTHORITY TO ISSUC ITS I'IRST MORTGAGL REV~NU~ I30NDS rOR BETI-1 SHOLOM T~RRAC~ IN Tl IC PRINCIPAL AMOUN"T NOT TO CXCC~D $10,000,000.00 WI-IERCAS, the City of Virginia Beach Development Authority (the "Autliorily"), was createcl pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended (ihe "Act"), and is now existin~ and operating as a public body corporale ancl polilic; and WI ICREAS, the Authority was created to promotc the public interest and the safety, health, welfare, convenience ancl prosperity of the inl~abitants of thc City of Virginil Beach, Virginia (the "City"), and the Act empowers the Authorily to issue its revenue bonds in accordance therewith to pay all or any part of the cost of facilities for the residence or care of the aged, pursuant to the incorporation by reference iiito the Act of the definition of"autllority facilities" contained in Section 15.2-4902 of the Code of Virginia, as amended; and WI-I~R~AS, representatives of I3eth Sholom Terrace, a not-for-profit, Virginia nonstock corporalion (the "Applicant"), have held cliscussions with representatives of the City and the Authority with respect to its acquisition, consiruction and equipping of an approximately 59,000 square foot, 71 unit memory-impaired and assisted living project and related facilities (the "Project"), located on approximately 2~cres of land on tl~e southwest corner of the intersection of Auburn Drive ancl College Park Boulevard, Virginia Beach, Virginia 23464; and WHCREAS, on July 20, 1999, the Authority, arter due notice, conducted a public hearing on the application of the Applicant for revei~ue bond financing of the Project in compliance with the 1 IN 1:24001 S.2 requirements of Section 147(~ of the Code and Va. Code Section 15.1-1378.1, and thereafier took official action authorizing the financing of tl~e Applicant's acquisition, construction and equiPping of the Project, abreeing in principle to issue nof to exceed $10,000,000 of its firsl mortgage revenue bonds (the "Bonds") therefor, as proposed by the Applicant, after which the financing was approved by lhe City Council of the City of Virginia Beach; and WI-ICIZEf1S, as tnore than a year has passed since the original public approval of the Project, Treas. Reg. §Sf.103-2(~(3)(ii) makes it necessary that the public approval process be repeated so that the Bonds will be issued within one year after the date of public approval; and WH~RCAS, the Authority, after due nolice, has on this dale conducted a new public hearing on the application of the Applicant for revenue bond financing of tl~e Project in compliance with the rec~uirements of Section 147(~ of the Code and Va. Code Section I5.1-1378.1; WI-IER~AS, the Applicant has requested that the Auihority take official action reaffirming its prior authorization of tlie financing of the Applicant's acquisition, construction and equipping of the Project and the Authority's prior agreement in principle to issue the Bonds in an amount not to exceed $10,000,000, as proposed by tl~e Applicant; NOW, THEIZCrORE, B~ IT R~SOLVED I3Y TI-IE CITY OF VIRGiNIA I3EACH DEVELOPM~NT AUTI-IORITY: Upon the recommendation of the Applicant, the Autl~ority hereby reaffirms its appointment of Hofl~eimer Nusbaum, P. C., as bond counsel with respect to the financing of the Project, and consents to IIofl~eimerNusbaum, P.C. continuing to serve as counsel to the Applicant. 11N 1:240015.2 2 2. To assist the Applica~it to unclertake the Project, the Authority hereby reaffirms its agreement in principle to issue its Bonds in an amounl not to exceed $10,000,000.00 upon terms and conditio-ZS to Ue inutually agreed upon by the Aulhority, tlie Applicant and the purcliaser of the Bonds. The 13onds shall be issued pursuant to an installment sale or loan agreement with the Applicant, a bond purchase agreement with a len~ier or underwriler, and if not privately placed, a trust indenture. 3. The Applicant has represented to the fluthority lh~t inlerest on the Bonds is intended to be generally exctuded from the gross income of the holders thereof for federal and state income tax purposes, and that the Authority shall receive an administrative fee for issuing and carrying ihe IIonds equal to one-eighth of 1% per annum calculated and payable on the outstanding principal balance of the Bonds in such periodic installments as the Applicant and ihe Authority shall agree. 4. The Applicant having represented io the Aulhority that it is necessary for the Applicant to proceed irrunediately with the design, acquisition, construction and equipping of the Project, the Authority hereby reaffirms its agreement that the Applicant may proceed with the plans for the Project, enter into contracts for the design, acquisition, construction and equipping tl~ereof, and take such other steps as it may deem appropriate in connection therewith, provided that nothing herein shall be deemed to authorize the Applicant to obligate ilie Authority witliout its consent in each instance to the payment of any monies or the performance of any actions in connection with the Project. The Authority agrees that the Applicant may be reimbursed from the proceeds of the Bonds, if and when issued, to the extent permitted by law for all costs so incurred by it. The Authority's resolution of July 20, 1999, shall constitute the Authority's declaration of "ofFcial intent" with iwi:zaouis.z 3 respect to the Project for purposes of Treasury Reg. § 1.150-2, in addilion to any prior such declaration madc by a predecessor entity to the Applicant. 5. All costs and expenses in connection with tl~e Bonds and the design, acquisitioil, construction, equipping and operation of the Project, including but not limited to the fees and expenses of I3ond Counsel, shall be paid from the proceecis of the Bonds to the extent pennitted by law or else froni funds of the Applicant. lf for any reason the Bonds are not issued, it is underslood lhat all such expenses shall be paid by the Applicant and that the Authority shall have no responsibility iherefor. 6. Neither the Bonds nor the premium, if any, nor the interest payaUle thereon shall be a general obligation debt of the Cominonwealth of Virginia or any political subdivision thereof, including the Authority and the City, and neither the Conimonwealth of Virginia, nor any political subdivision thereof, including the Authority and the City, and the officials, officers, direclors and/or employees, past, present or future, of any or all, are or shall be personally liable thereon. The IIonds, together witli the premium, if any, and tlle interest payable tllereon, shall be a limited obligation of the Authority payable solely pursuant to the terms of the Bonds and the related documents. 7. The Authority hereby recommends that the Council of the City of Virginia Beach (the "Council") again approve the issuance of the proposed Bonds, and directs the Chairman of the Authority to transmit to the Council the Fiscal Impact Statement, a copy of this resolution and a reasonably detailed summary of the Authority's public hearing held this date. 1 IN I:240U 15.2 4 3. The provisions of this resolution are hereby declared to be separable, and if any section, phrase or provision of this resolulion shall be declare~l invalid, such invalidily shall not afFect tlie validity of the remainder of the sections, phrases and provisions of tliis resolution. 9. The Authority shall perform such otl~er acts and adopt such fi~rther resolutions as may bc rec~uirecl to implement its uiidertakings hereinabove set fortli. 10. `Chis resolution sl~all take effect immediately upon its adoption. The undersigned Secretary of the Authority hereby certiGes that the foregoing is a true, con•ect and complete copy of a resolution adopted by the Authority's Board of Co~nmissioners at a meeting duly called and held on August I5, 2000, in accordance with law; that a quorum of tlie Authority was present and voting regarding the foregoing resolution; tl~at the foregoing resolution was duly ad~opted by the Authority by the following vote: Aff rmative: 5 Negative: ~ Abstentions: ~ and that such resolution has not been repealed, revoked, rescinded or ~mended and is in full force and effect on tlie date hereof. (Corporate Seal) AT1'~ST: ~ ~~~ ~. ~~ Secreta iiNi:znoois.z 5 EXHT_BiT D llISCLOSUR~ STAT~M~NT Date: July , 2000 Applicant's Name(s): Beth Sholom Tei-race All Owners (if clifferent fi-om applicant): Type of Application: Rezoning: From to Conditional Use Permit: Street Closure: Subdivision Variance: Other: Bond Issue ******~******x******************:~*****************************~******~:******** The follawing is to be completed by or for the Applicant: 1. If the applicant is a CORPORATION, list all the officers of the Corporation: Eric Krupnick, President Brvan Mesh. ~xecutive Vice President Jerome Friedman. Secretarv Bernie Grablowsky, Treasurer 2. If the applicant is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners in the organization: The following is to be completed by or for the Owner (if clifferent fi-om the applicant) If the owner is a CORPORATION, list all of the officers of the Corporation: 2. If the owner is a PARTNERSHIP, FIRM or other Unincoiporated Organization, list all members or partners in the organization: BETH SHOLOM TERRACE By: /~ ~ .- ~-L.~L Bryan Mesh Executive Vice President I lN I :240090. I ~i'IRGINIA. B~ ~CH EXHIBIT E l~cp~irtment of Lconomic Development One Colwribus Center, Suite 300 Virginia Beach, VA 23462 (757)437-6464 FAX (757) 499-9894 Website www.virginia-beach.va.us/depdecondev E-mnrl ecdev@city.virginia-beach.va.us CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY $10,000.000 2000 FIRST MORTGAGE REVENUE BONDS ~~ (BETH SHOLOM TERIZACE PROJECT) Tlie Authority recoinmends approval of the captioned financing. A public hearing was held by the Authority on August 15, 2000, following wllich the Authority adopted a resolution approving the financing of the proposed 59,000 sq. ft., 71-unit memory-impaired and assisted living facility (the "Project"). The Project will provide benefits to the City of Virginia Beach by providing affordable memory-impaired and assisted living facilities and adult respite day care within the City of Virginia Beach. It will also generate construction and permanent jobs, with the accompanying multiplier effect in the local economy and tax revenues derived from the expenditures of those additional employees during the construction of the Project and its subsequent useful life. EXHII3IT r rISCAL IMPACT STATCM~NT SUI3MITT~D TO TH~ CITY Or VIRGINIA B~ACfI D~V~LOPM~NT AUT~IORITY The undersigned applicant, to permit the Chainnan of the City of Virginia IIeach Development Authority to submit the following information in compliance with Section 15.2-4907, Code of Virgiiiia of 1950, states: Name of Applicant: Beth Sholom Terrace, a not-for-profit, Virginia nonstock corporation Facility: An approximately 59,000 sc~uare foot, 71 unit memory impaired and assisted living project and related facilities, located on approximately 2 acres of land on the solithwest corner of tlie intersection of Auburn Drive and College Park IIoulevard, Virginia Beach, Virginia 23464 Maximum amount of financin~ sought $ 10,000,000,00 2. ~slimated taxable value of the facility's real property to be constructed in the City of Virginia IIeach $_7,565,000 00 3. Estimated real property tax per year using present tax rates $ 92,293.00 4. Estimated personal property tax per year using present tax rates $_ 7,400.00 5. Estimated business license tax per year using present tax rates $ 0.00 6. a. Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality $ 200,000.00 b. ~stimated dollar value per year of goods that will be purchased from non-Virginia companies within the locality $__ 200.000.00 c. Cstimated dollar value per year of services that will be purchased from Virginia companies within the locality $_ 25.000.00 d. ~stimated dollar value per year of services that will be purchased from non-Virginia companies within the locality $ 25,000.00 7. Estimated number of regular employees on year round basis 40 8. Average annual salary per employee $_ 20.000.00 APPROVED: CITY OP VIRGINIA BEACH DE OPM~NT AUTHORITY By• . ephen W. Burke, Chairman HN I :240092.7 EXHIBIT G SUMMARY SHEET CITY OF VIIZGINIA BEACH DEVELOPNIENT AUTHORITY HOUSING REVENUE BOND l. PROJECT NAME: 2• LOCATION: 3• DESCRIl'TION OF PROJECT: 4• AMOUNT OI' BOND ISSUE 5• PRINCIPALS: ~• ZONING CLASSIFICATION: ~• Present zoning classification af the Property b• Is rezoning proposed? ~• If so, to what zoning classification? Beth Sholom Terrace Southwest corner of Auburn Drive and College Park Boulevard 59,000 sq. ft., 71-unit memory impaired pand assisted living facility not to exceed $10,000,000 Beth Sholom Home of Virginia is the sole member of the applicant A-12 Yes No X N/A I IN I :240016. ] VB FLAhJI~IPdG-ZOIJII~G Fax : z0~-42~-4649 Aug OJ O7•J4 EXH~3IT H C ii,y- af ViY- ~; i YZ i~a. .8~ ~c~ ~-i MUNICIPAI CENTEfl BUILDINQ 2- HVGM 1 W Z~~ GVVMMOUSH ORIVE VINIiINIA BGAG'M, VA 29/50'9038 Hpfheimar NusUaum 999 Waterside Drive, Suite 1700 Norfoik, VA 23510 Attention: Colleen M~sters Re: E3eth Shofom Terrace 6405 Auburn Drive Virginia Beach, VA Dear Mr. Nusbaum: Tha above referenced property is zoned A-12 (Apartment District) whicfi aliows Mousing for Seniors and Disabled Persons as a conditional use. On December 7, 1999, a conditional use permit was approvec! by the Virginia Beach City Council to allow the development of an assisted living facility consisting of up to 72 beds (see enclosed). If I can be of further assistance, please feel free to give me a call. Very truly yours erry R. Kemp Zoning Inspecior Supervisor TRK/Imr c: Robert Scott, Director Karen Laslay, Interim Zoning Adminlstrator c:lfilelbethsho{om.d0 DEPAR'fMENf OF rLqNNiNU ZONIND ADAlIN19TRAT10N DIVISION (757) 927-807~ FAX ~73J) ~:7•9pqp August 3, 2000 VP PLAfJI~ING-ZONIfJG Fax ~ E04-4~7-~r.q9 Aug 03 09:34 Appllcation #21477 Beth Sholom Terrace Paga 3 of 3 CITY covrrciL ACTION: ~R~~ DEC 7 1999 The following conditione shall be required: 1. The Conditional Use Permit approval as modified, shall allow the developrnent of an assiste~9 living facil4ty con~isting of up to 72 beds and shall substantia~.?y adhere to the prelfminary site plan dated Decombez 1999, on file in tl~e Department of Planning office, 2, The buildinq ma*_eriaZs and color~ ;for tha assisted living sti•ucture shall substantially adhere to th9 co].ored rendering entitled, "Bcth Sholom Homa of Cas[ern Virginia, Ba11ow Justice Upton Archit~cts," dated January 15, 1999, on file with ~he Planninq Department. 3, Landscaping shall substantially adhere to the pr~liminary landscape plan entiCled, "Beth 9holom Home of ~asCern VA., Design: Edtvard G, Catson, ASLA," dated January ],8, 1999. 9. The location and design of all proposed exterior signs must be submittwd to and approved by thQ pl,rec~or oF Planning prior to ~.the submi$sion of the signs for City pprmit approv~ls, Any free standinq signs sha11 be monumPnt style with colors and building ma~~xzals in keeping with the archi~ecture of the site. 5. An automatic spxinkler sy~tem anci an auromatic fire alarin syatem approved by the Office oP Fire/Plans Review and Che CiCy Fire Protection Engineer shall be insta2led. Sucn systems $hn11 comp7,y wiCh Nf'PA 13R an~1 NFPA 13. EXHIBIT Ei f'~~4 } ~~~'i~,~ = _- ~2 ~ ~ `~ / _ ~ r i1 • ~ ~ i d/ '#. 2, , O ,~:~h~r ~ ~y~~ cc~ t'~~~' 0~~~~ ~~ . ~ S O iP.~c~ ''j ~~ F DUR ~ NAI~~~f-t DEPAR7MENT OF HOUSING nN0 NEIGHBORHOOD PRESEflVAT101~ ~757)~426•5750 ~ FAX ~757) <26~5766 TOD 17571 426-5794 CODE ENFOFCEMENT DIVISION (757) 427-4421 August 8, 2000 C 1ty Chairman, Virginia l3each Development Autho~'ity One Columbus Center, Suite 300 Virginia Beach, VA 23462 FAX# 499=9894 Gary L. Fentress, Esq. ~ Office of the City Attorney Municipal Center rAX# 563-1167 Beac1-i. MUNICIPAL CENTER BUIl01NG IBA 2a24 COURTHOUSE DNIVE VIRGINIA OEACH. VA 23456~9083 ItE: Ev:~luation of Public Bcnefit - Betli Sliolom Terrace Bond Financing Applic~tion I have reviewed the information provided regarding the above-referenced project. In my opinion, the use of the requested bonds to finance the proposed project (financing the construction of a memory-impaired and assisted living facility) will provide a public benefit, for the following reasons: 1. The applicable state code, Sec 15.2-4901, specifies that authorities are granted powers regarding "facilities for the residence or care of the aged" and that such facilities are consistent with the goal of promoting the health and welfare of the inhabitants of the Commonwealth. 2. The City's Report on Senior Housing identifies a need for assisted living facilities. Please let me know if you need anything further regarding this issue. Thank you. rnnr~ 1 ~J ~'. ~ . •1 ~ Q. ro C ~ C O '~ 7.f /q,nun 1' /C12~ ~q. Joins Mep " noar~x,~a: BCl'EI S[IOL~OM ~r~~,cz. PI~II;Cl': 1lpprax. 59, 000 sq. [t. , 71 unit manory iir~airecl and assisteci living facility LCX:IYl'ION: SW con~er of 1lubui-n Drive ai~d College Park Boulevard 130ND 11MOUlJr : t~ot to exceed ~ 10' O~p , 000 ~,r.nn.nnn i ~.;4T. r K ~o ~ ~ t~QS 0i 1.' ~II f I ~~1(1! J 1+1 • ~~ ~~~~ ~ d !~~ ^ \~ 1~~ ~A , -33- Item VI-J.2. ORDINANCES/RESOL UTION ITEM # 47127 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, Ciry Council ADOPTED: Resolution REFERRING to the Mayor's Special Advisory Commission on E-Government the City Real EstateAssessor's proposal re posting property assessment information on the City's Internet web site and directing the Committee to transmit its recommendation to Ciry Council by November 28, 2000. Voting.~ 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. .Iones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 12, 2000 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 A RESOLUTION REFERRING TO THE MAYOR'S SPECIAL ADVISORY COMMISSION ON E-GOVERNMENT THE CITY REAL ESTATE ASSESSOR'S PROPOSAL FOR POSTING PROPERTY ASSESSMENT INFORMATION ON THE CITY'S INTERNET WEB SITE WHEREAS, in May of 1999, the City Real Estate Assessor (the "Assessor" ) briefed the City Council on a plan to place information regarding real estate ownership and assessments on the City's Internet Web Site in order to reduce the cost of providing such information to persons wishing to obtain it and to improve the level of customer service to people who frequently access such information; and WHEREAS, on an average workday, the Assessor receives approximately two hundred phone calls and numerous in-person visits from individuals seeking information on real estate ownership and assessments, such that two staff inembers have been dedicated to their processing of such requests; and WHEREAS, if such information were available on the City's web site, customers seeking the information would be directed to the web site in order to obtain such information; and WHEREAS, not only would such a procedure make the City's real estate ownership and assessment information more convenient and accessible, it would also provide a greater degree of accuracy in reporting such information; and WHEREAS, because the members of the City Council received a number of complaints from citizens about making property owners' names and other detailed property information available to the public on the City's web site, the City Council held a public hearing on July 11, 2000, at which hearing four citizens spoke in opposition to the posting of such information on the Internet; and WHEREAS, in May 2000, the Mayor appointed the Special Advisory Commission on e-Government to study "e-government" issues and work 33 with the community to bring forward recommendations concerning how 34 Virginia Beach should proceed in the area of "e-government"; and 35 WHEREAS, the Commission is well-suited to working with the 36 community to develop a better understanding of the issues 37 surrounding the publication of public information on the Internet; 38 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 39 VIRGINIA BEACH, VIRGINIA: 40 That there is hereby referred to the Mayor's Special Advisory 41 Commission on e-Government, for its consideration and 42 recommendation, the aforementioned proposal of the City Real Estate 43 Assessor. The Commission shall: 44 (1) study the proposal developed by the Real Estate Assessor; 45 (2) research the manner in which other communities have dealt 46 with citizen concerns about public information published 47 over the Internet; 48 (3) develop a proposal with appropriate alternatives; 49 (4) work with the business community and the residents of 50 Virginia Beach to understand the new proposal and how it 51 addresses citizen concerns; and 52 (5) achieve a consensus for the support of, and 53 recommendations and alternatives concerning, the creation 54 of guidelines for the publication of public information 55 on the City's Internet web site. 56 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 57 BEACH, VIRGINIA: 58 That the Commission is hereby directed to make and 59 transmit its recommendations to the City Council by no later than 60 November 28, 2000. 2 61 Adopted by the Council of the City of Virginia Beach, 62 Virginia, on this 12th day of September , 2000 63 CA-7739 64 wmm/ordres/assessmentres.wpd 65 R-1 66 August 10, 2000 67 APPROVED AS TO CONTENT: 68 liei~'~L `' 69 Chief Information Officer 70 APPROVED AS TO LEGAL SUFFIC ENCY: 71 , , •~ , 72 Department of Law 3 City of Vrginia Beach ~~ o~ Mayor's S,~ect.~/ Adv~sory Cvre~misslon on e-Goverament ~ 2401 Court House D~ive Vir,~nia Bea~h, Vir~nia 23456 Michael j. Barrett Chairman August 9, 2000 Bill Dore' I<empsvilie The Honorabie Mayor Meyera E. Oberndorf City of Virginia Beach City Hall Building - Executive Offices Greg Franceskf Virginia Beach, Virginia 23456 Rose Hall Dear Mayor Oberndorf: John Gawne Payside I am writing to you on behalf of the Mayor's Special Advisory Commission on e- Government. Your charge to us to improve communications between the citizens and Phil Keilam their City Hall by way of information Technology and the internet and to make government t~t ~~~Qe always accessible, easily interactive, more user-friendly and customer-driven is one we have taken to heart in our discussion and in our work. Since you appointed the Commission in May of this year, we have been working together to tackle the charge of Ben Krause determining what e-Government services the citizens of Virginia Beach would like to see. Lynnhaven The Commission has foilowed with interest the recent proposal by Real Estate Assessor Frances Laskey Jerald Banagan to publish real estate assessment information on the Internet. It is our ~t ~arge understanding that this project was underway prior to the formation of the Commission and that the Council had been briefed and was supportive of the effort. However, as implementation of the project neared in early July, City Council began to hear concerns ct,uck tv~nto from citizens regarding the appropriateness of putting names antl other detailed Princess Anne information, even though they are public records, on the internet. City Council was briefed by the Real Estate Assessor on July 5, and then held a Public Hearing on July 11 atwhich Michael Mastruila time four speakers spoke against publishing public real estate information on the Internet. Centerviile At that time, you asked the Real Estate Assessor to postpone the project until Council could evaluate the information received at the Public Hearing. ~udith snay Your S ecial Adviso Commission on e-Government would like to ste forward and Beach p ry P assist you and the City Council with this issue. We believe this to be the type of issue you created the Commission to address. The Commission proposes to comprehensively Sandra Willfamson-Ashe study the issue of publishing public information on the Internet. In order to accomplish At Large this, the Commission would like to go to the community on behaif of the Mayor and City The Honorable Mayor Meyera E. Oberndorf August 9, 2000 Page 2 Council to meet with various community groups, especially those that expressed opposition to publishing the information, in order to better understand their concerns, develop a thorough understanding of the issues, build options to address the issues, and return to you with recommendations which the community could support. With your permission, we would also use this approach with other e-Government opportunities. We have drafted the attached Resolution and would ask that you present it to City Council for consideration so we can formally move forward with addressing these issues for you. The Resolution tasks the Commission with going to the community to tlevelop an understanding of the pros and cons of using the Internet to publish public information such as real estate assessments. It further charges the Commission to bring forth a series of recommendations and alternatives to the City Council by the end of November of this year. On behaif of the om ' si n, C~^^~''~l Michael J. Barr tt, Chairman Enclosure: Draft Resolution c: Mayor's Special Commission on e-Government -34- Item VI-J.3. ORDINANCES/RESOL UTION ITEM # 47128 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Resolution toAUTHORIZEparticipation in theDepartmentofCriminal Justice Services' Certified Crime Prevention community program, and DESIGNATE the Tjirginia Beach Crime Prevention Steering Committee as the City's representative Voting: 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 12, 2000 1 A RESOLUTION AUTHORIZING THE CITY 2 OF VIRGINIA BEACH TO PARTICIPATE IN 3 THE DEPARTMENT OF CRIMINAL 4 JUSTICE SERVICES' CERTIFIED CRIME 5 PREVENTION COMMUNITY PROGRAM 6 WHEREAS, City Council supports appropriate efforts within the community to 7 promote crime prevention and community safety; 8 WHEREAS, the Department of Criminal Justice Services ("DCJS") offers 9 communities a"Certified Crime Prevention Community Program" ("Program"), which is 10 specifically designed to recognize Virginia communities committed to crime prevention and 11 community safety while providing a framework for those communities to institute crime prevention 12 at the local level; 13 WHEREAS, before a locality can submit an application for participation in the 14 Program, the local governing body must adopt a resolution authorizing such participation; and 15 WHEREAS, participation in the Program also requires a participating locality to 16 designate a local community crime prevention, or community safety, council or coalition. 17 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 1. That City Council hereby authorizes the City of Virginia Beach ("City"), to 2 0 participate in the Department of Criminal Justice Services' Certified Crime Prevention Community 21 Program ("Program"), and authorizes the Police Department to take all efforts necessary to meet 2 2 the DCJS requirements for the City to become designated as a Certified Crime Prevention 2 3 Community. 24 2. That, City Council hereby designates the Virginia Beach Crime Prevention 2 5 Steering Committee as the City's representative for the purpose of participating in the Program. 2 6 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th 27 day of September , 2000. 2 8 CA7850 2 9 F:~Data~ATI'~Ordin~NONCODE\crime prevention com.res.wpd 3 0 August 31, 2000 31 R3 32 33 34 APPROVED AS TO APPROVED AS TO LEGAL SUFFICIENCY: ity ttorney's Office -35- Item VI-J.4. ORDINANCES/RESOL UTION ITEM # 47129 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Resolution appointing Paulette Franklin Jenkins to the position of Assistant City Attorney, effective 16 September 2000. Voting: 11-0 (By Consent) CouncilMembers VotingAye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. .7ones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 12, 2000 1 A RESOLUTION APPOINTING PAULETTE 2 FRANKLIN JENKINS TO THE POSITION OF 3 ASSISTANT CITY ATTORNEY 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 5 BEACH, VIRGINIA: 6 That pursuant to § 2-166 of the Code of the City of 7 Virginia Beach, Virginia, Paulette Franklin Jenkins is hereby 8 appointed to the position of Assistant City Attorney, effective 9 September 16, 2000. 10 Adopted by the Council of the City of Virginia Beach, 11 Virginia, on the 12th day of September, 2000. CA-7857 Ordin/Noncode/Paulette Jenkins.Res September 6, 2000 R-1 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney - 36 - Item VI-K. PLANNING ITEM # 47130 1. CATHOLIC DIOCESE OF RICHMOND 2. a. COMMONWEALTH BUILDING COMPANY and TASOS A. GALIOTOS b. TASOS A. GALIOTOS c. IRA L. AND HELEN M. FISK 3. MARK LEACH 4. WAWA, INC. 5. TREESTONE BUILDING CORPORATION 6. OCEAN TIDE ASSOCIATES 7. DAVID J. ROGERS CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT STREET CLOSURE STREET CLOSURE STREET CLOSURE VARIANCE MODIFICATION TO THE GREEN RUNLAND USE PLAN CONDITIONAL CHANGE OF ZONING CHANGE OF ZONING CONDITIONAL USE PERMIT September 12, 2000 - 37 - Item VI-K.1. PLANNING ITEM # 47131 Upon motion by ViceMayorSessoms, seconded by Councilman Branch, City CouncilAPPROVED in ONE MOTION Items 3, 6(DEFERRED) and 7 of the PLANNING BY CONSENT. Item 6 was DEFERRED until the City Council Session of September 26, 2000, BY CONSENT Voting: I1-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None Councilman Harrison ABSTAINED on Item K.6. (OCEANTIDEASSOCIATES), as his lawfirm represents a company which has an interest in this property. September 12, 2000 - 38 - Item VI-K.1. PLANNING ITEM # 47132 The following spoke in SUPPORT of the application: Attorney John F. Faber, Jr., 4425 Corporation Lane, Phone: 518-3200, represented the applicant Most Reverend Walter F. Sullivan, Bishop of Richmond, 811 Cathederal Place, Richmond, Virginia Donald Jacob, represented McNichols & Associates - Housing Consultants for the Catholic Diocese, 333 Peters Creek Road, Roanoke, Ya. 24019. Mary Ellen McNichols, Designer, employed by Bishop Sullivan over 20 years. The following registered in OPPOSITION: Glenn Tainter, represented the Courthouse Sandbridge Coalition of Civic Leagues A MOTION was made by Councilman Branch, seconded by Council Lady Wilson to ADOPT Ordinances upon application of the CATHOLICDIOCESE OFRICHMOND for a Conditional Change of Zoning and a Conditional Use Permit. A SUBSTITUTE MOTION was made by Council Lady Henley, seconded by Council Lady Parker to DEFER until the City Council Session of September 26, 2000, Ordinances upon application of the CATHOLIC DIOCESE OF RICHMOND for a Conditional Change of Zoning and a Conditional Use Permit. Voting.• 4-6 (MOTIONLOST TO A NEGATIVE VOTE) Council Members Voting Aye: Barbara M. Henley, Reba S. McClanan, Robert C. Mandigo, Jr. * and Nancy K Parker Council Members Voting Nay: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Louis R. Jones, Mayor Meyera E. Oberndorf and Rosemary Wilson Council Members Absent.• Vice Mayor William D. Sessoms, Jr. *Councilrnan Mandigo changed his vote to a VERBAL AYE. September 12, 2000 -39- Item VI-K.1. PLANNING ITEM # 47132 (Continued) Upon motion by Councilman Branch, seconded by Council Lady Wilson, City Council ADOPTED Ordinances upon application of the CATHOLICDIOCESE OFRICHMOND for a Conditional Change of Zoning and a Conditional Use Permit. ORDINANCE UPON APPLICATION OF THE CATHOLIC DIOCESE OF RICHMOND FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO CONDITIONAL O-2 Z09001181 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of the Catholic Diocese of Richmond for a Change of Zoning District Classification from AG- Agricultural District to Conditional O-20ffice District on certain property located on the west side of General Booth Boulevard beginning at a point 470 feet more or less north of London Bridge Road (GPIN #2414-19-3648). The proposed zoning classification change to Conditional O-2 is for office land use. The Comprehensive Plan recommends use of this parcel for suburban residential/low density at densities that are compatible with single family use in accordance with other land use policies. Said parcel contains 6.290 acres. BEACH - DISTRICT 6. The following condition shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. ORDINANCE UPON APPLICATION OF THE CATHOLIC DIOCESE OF RICHMOND FOR A CONDITIONAL IISE PERMIT FOR AN INDEPENDENT LIVING FACILITYFOR SENIORS R09003065 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of the Catholic Diocese of Richmond for a Conditional Use Permit for an Independent Living Facility for Seniors on certain property located on the west side of General Booth Boulevard beginning at a point 470 feet more or less north ofLondon Bridge Road (GPIN #2414-19-3648). Said parcel contains 6.290 acres. BEACH - DISTRICT 6. The following conditions shall be required: A right turn lane is required into the site from General Booth Boulevard and will need to be shown on the plan duringsite plan review, subject to Public Works / Traffic Engineering approval. 2. Acoustical treatment for roof/ceiling/exterior walls 44 Sound Transmission Class (STC) and doors/windows 33 STC shall be utilized in the building consistent with Section 221.1 of the City Zoning Ordinance for this use. 3. Full-time handicapped van servicefor the residents ofthe facility will be provided by the management. 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 Twelfth ofSeptember. Two Thousand September 12, 2000 -40- Item VI-K.1. PLANNING ITEM # 47132 (Continued) Voting: 7-0 Council Members T~oting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., , Louis R. Jones, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, and Rosemary Wilson Council Members Voting Nay: None Council Members Abstaining: Barbara M. Henley, Reba S. McClanan and Nancy K. Parker Council Members Absent: Vice Mayor William D. Sessoms, Jr. Council Lady Parker changed her AYE VOTE to a VERBAL ABSTENTION Council Lady Henley, McClanan and ParkerABSTAINED as they were not clear on what ultimately will occur. September 12, 2000 AGREEMENT THIS AGREEMENT, made this 13`h day of April, 2000 by and between THE ROMAN CATHOLIC DIOCESE OF RICHMOND (the "Diocese"), grantor for indexing purposes; WALTER F. 'SULLIVAN, Bishop of the Roman Catholic Diocesa of Richmond (the "Bishop"), grantor for indexing purposes; and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "City"), grantee for indexing purposes. WITNESSETH: WHEREAS, the Bishop is the owner of approximately 6.290 acres located in the Beach Election District of the City of Virginia Beach and more particularly described on Exhibit A attached hereto (the "Property"); and WHEREAS, the Bishop and the Diocese (collectively the "Grantors") desire to develop affordable independent living facilities for senior citizens on the Property, in order to provide them with safe, decent and sanitary housing in a suitable living environment in their declining years; and WHEREAS, the Grantors have initiated a conditional rezoning amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the City to change the zoning classification of the Property from AG-2 (Agricultural) to O-2 Conditional (O~ce); and WHEREAS, the City's policy is to provide only for the orderly development of land for various purposes, .including affordable housing for seniors, through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to Prepared by Mays & Valentine, L.L.P. ' ~ 4425 Corporation Lane, Suite 420 Virginia Beach, VA. 23462 Fax: (757) 518-3210 land zoned O-2 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the City, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the O-2 zoning district by the existing Zoning Ordinance, the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the Zoning Map relative to the Property, ail 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 City as part of the amendment to the Zoning Ordinance, sucfi 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 instnunent 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 instnunent is consented to by the City in writing as evidenced by a certified copy of an ordinance or resolution adopted by the governing body of the City, after a public hearing before the City 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 City or its governing body and without any element of compulsion or guid pro auo 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 2 development, operation and use of the Property, and hereby covenant and agree that these proffers shall constitute covenants running with the said Property, naznely: 1. If the Property is developed, it shall be developed for use as Housing for Seniors and Disabled Persons in Independent Living Facilities, as those terms are defined in the Zaning Ordinance. 2. If the Property is developed, it shall be developed in two phases, with the first phase to be substantially as shown on the exhibits (the "Pl~ns and Elevations") entitled "Sullivan House Independent Senior Housing," dated April 12, 2000, prepared by Collins & Kranstadt, Leahy, Hogan, Collins, Draper, LLP, Architects & Planners, which Plans and Elevations have been ~ exhibited to the City Council of the City and are on file with the Virginia Beach , Department of Planning. 3. If the Property is developed, the external building materials and architectural design elements shall be those depicted and described on the Plans and Elevations and material sample board, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, with red face brick as the primary exterior building material, white trim, and a hip roof of charcoal gray shingles. 4. The freestanding monument sign to be erected on the Property as designated on the Plans and Elevations shall not exceed a height of eight (8) feet and shall be constructed of materials matching those on the buildings. The sign shall be illuminated from the ground level, by light fixtures mounted in landscaped beds and shielded from oncorning tr~c. 5. All exterior lighting, including both building-mounted and ground- or pole- mounted fixtures, shall be down-directed to minimize glare and light pollution and shall be sized and spaced to provide a minimum illumination level of 2 foot candles per square foot on walks and parking azeas. . . 3 Further conditions may be required by the City during detailed Site Plan andlor Subdivision review and administration of applicable City Codes by all cognizant City agencies and departtnents 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 City. The Grantors covenant and agree that (a) 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; (b) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (c) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the Zoning Ordinance or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (d) 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 the City. WITNESS THE FOLLOWING SIGNATURES AND SEALS. ' o ., ~ (SEAL) Walter F. Sullivan, is op of the Roman Catholic Diocese of Richmond 4 ~ r THE ROMAN CATHOLIC DIOCESE OF ~ RICHMOND . -,1.S.~S~ , fr~'' By~ (SEAL) Title: i , /4, , j--- l/~ ~`'~~~. COMMONWEALTH OF VIRGINIA CITY OF ~~~~~ to-wit: The foregoing instrument was acknowledged before me this ~ day of ~~ ,~ , 2000, by Walter F. Sullivan, Bishop of the Roman Catholic Diocese of Richmond. ~~ ~h~~~Z Notary Public My Commission Expires: c~ - o~ f- a BO ~ COMMONW ALTH OF VIRGINIA CITY OF _, to-wit: he foregoing insh ent was acknowledged before me this ~ day of ~~~N~, 2000, by ' ~ ~ ~ of the Roman Catholic Diocese of Richmond. Notary Public My Commission Expires: a _ ~9 - ~~ 5 EXHIBIT A ALL THAT certain lot, piece or parcel of land, lying situate and being in the City of Virginia Beach, Virginia, containing 6.290 acres and known, numbered and designated as PARCEL A 6.290 Ac. as shown on the plat entitled "SUBDIVISION OF STRAWBRIDGE, SECTION THREE," which said plat is duly recorded in the Clerk's Of~ice of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2542, at page 69. TOGETHER WITH such rights of ingress and egress across and through the entrances, driveways and parking lots of the remaining property of The Brown Farm Associates, as shown on the aforesaid plat of Subdivision of Strawbridge, Section 3, as are reasonably necessary to provide reasonable ingress and egress, by the party of the second part, to and from the above- described property. Said conveyance is ALSO EXPRESSLY SUBJECT TO the reservation, by The Brown Farm Associates, of such rights of ingress and egress across and through the property.hereby conveyed as are reasonably necessary to provide reasonable ingress and egress to and through the property 'hereby conveyed from the remaining property of The Brown Farm Associates, as shown on the aforesaid plat of subdivision of Strawbridge, Section 3. Such rights of ingress and egress between the parcel hereby conveyed and Parcel B, as shown on the aforesaid plat, shall be located within and limited to an area twenty-four (24) feet in width, which area shall begin at a point in the boundary line between Parcels A and B located twenty- four feet as measured on a course N. 66° 07' 28" W. from the western line of that certain ten (10) foot scenic easement dedicated to the City of Virginia Beach, adjacent to the westem right-of- way line of General Booth Boulevard, and shall end at a point forty-eight (48) feet, as measured along the said dividing line, on the same course, from the western line of said scenic easement. 27790 6 -41- Item VI-K.2. a/6. PLANNING ITEM # 47133 Attorney R. E. Bourdon, Phone: 499-8971, represented the applicant. Upon motion by Council Lady McClanan, seconded by Councilman Jones, City Council DEFERRED, INDEFINITELY, Ordinances upon application of COMMONWEALTH BUILDING COMPANY and TASOS A. GALIOTOS for the discontinuance, closure and abandonment of parcels on Potomac Street, beginning at the western boundary of Garrett Drive and application of TASOS A. GALIOTOS for the discontinuance, closure and abandonment of the northern 25 feet of Cleveland Street. Ordinance upon application of Commonwealth Building Company and Tasos A. Galiotos for the discontinuance, closure and abandonment of the following parcels: Parcel 1: The northern 25 feet of Potomac Street beginning at the western boundary of Garrett Drive and running in a westerly direction a distance of 499.05 feet (GPIN #1477-45-7094). Parcel 2: The southern 25 feet of Potomac Street beginning at the western boundary of Garrett Drive and running in a westerly direction a distance of 125 feet (GPIN #1477-44-8865). Said parcels contain 1 S, 600 square feet. DISTRICT 3- ROSE HALL Ordinance upon application of Tasos A. Galiotos for the discontinuance, closure and abandonment of the northern 25 feet of Cleveland Street beginning at the western boundary of Garrett Street and running in a westerly direction a distance of 250 feet (GPIN #1477-44-8743). Said parcel contains 6, 250 square feet square feet (ROSE HALL - DISTRICT 3). Voting: 9-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker and Rosemary Wilson Council Members Voting Nay: None Council Members Absent William D. Harrison, Jr. and Vice Mayor William D. Sessoms, Jr. September 12, 2000 -42- Item VI-K.2. c. PLANNING ITEM # 47134 Attorney R. E. Bourdon, Phone: 499-8971, represented the applicant Jerry Dretsch, 5724 Providence Road, Phone: 420-9652, represented the Resurrection Lutheran Church Upon motion by Council Lady Eure, seconded by Council Lady Wilson, City Council DEFERRED TO CITY COUNCIL MEETING OF OCTOBER 10, 2000, Ordinance upon application of IRA L. and HELENM. FISK, Trustees, for the discontinuance, closure and abandonment of Waring Street: Application oflra L. & Helen M. Fisk, Trustees, for the discontinuance, closure and abandonment of Waring Street beginning on the west side of Avalon Avenue and running in a westerly direction a distance of 589 feet more or less. Said street is variable in width and contains 34, 333 square feet. CENTERVILLE - DISTRICT 1. Yoting: 10-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 12, 2000 - --~ -43- Item VI-K.3. PLANNING ITEM # 47135 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED the Application of MARK LEACH for a Variance to the Subdivision Ordinance to legally establish a lot which has no direct street access for the purpose of constructing a single family dwelling Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Mark Leach. Property is located on Lot 43A, Alberthas Lane. LYNNHAVEN - DISTRICT S. The following condition shall be required: 1. The applicant shall adhere to the plan approved for Lot 45-A by City Council on August 26, 1997 Voting.• 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 12, 2000 -44- Item VI-K.4. PLANNING ITEM # 47136 Attorney R. E. Bourdon, Phone: 499-8971, represented the applicant Upon motion by Council Lady McClanan, seconded by Council Lady Parker, City Council DEFERRED TO CITYCOUNCILMEETINGOFSEPTEMBER 26, 2000, Ordinance upon application of WAWA, INC. for a Modification to the Green Run Land Use Plan: ORDINANCE UPON APPLICATION OF WAWA, INC. FOR AMENDMENT TO THE GREENR UNLAND USEPLANTOALLOWAN AUTOMOBILESERVICESTATION(FUEL SALESOINCONJUNCTION WITHA CONVENIENCE STORE Ordinance upon application of Wawa, Inc. for an Amendment to the Green Run Land Use Plan to allow an automobile service station (fuel sales) in conjunction with a convenience store at the northeast corner of Lynnhaven Parkway and Windmill Point Crescent (GPIN #1485-58- 0184). Said parcel contains 2.30 acres. ROSE HALL - DISTRICT 3. Yoting.• 10-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker and Rosemary Wilson Council Members Voting Nay: None Council Members Absent.• Vice Mayor William D. Sessoms, Jr. September 12, 2000 -45- Item VI-K.S. PLANNWG ITEM # 47137 Attorney R. E. Bourdon, Phone: 499-8971, represented the applicant Nancy Johnson, 1148 Crystal Lake Drive, Phone: 422-2834, Chairperson - Community Affairs, Cavalier Park - Bay Colony Community League, Inc., registered in OPPOSITIONand read correspondence into the record requesting, if approved, specific conditions: "(1) The deed record of this property should be modified permanently to ban development of more than S dwelling units; or, if necessary, the overall Huntwick property deed record be modified permanently to ban further development beyond the proposed five additional dwelling units; (2) No vehicular ingress to or egress from the expandedHuntwickpropertyshould be permitted along Holly Road. This too, should be permanently recorded upon the deed record. Further, no temporary construction entrance should be permitted along Holly Road; (3) Continuation of the brick fence and appropriate category landscaping should be required the full length of the property along Holly Road. This condition should be reflected on the site development plan approved by Development Services, and enforced during construction. (4) The City Council is requested to introduce and approve a resolution opposing any zoning increase in density or change in use along Holly Road to the north of 3202. This resolution should beformally directed to the Planning Commission, Director ofPlanning, and CityManager as a matter of community planningpolicy, in order to affirm preservation of our single family neighborhood district, consistent with the Virginia Beach Comprehensive Land Use Plan adopted by City Council. " RobertJ. Scott, Director ofPlanning, advised the aforementioned conditions requested are addressed within the applicant's recorded proffers. The Comprehensive Plan reflects the Ciry's land use policy, thus addressing the fourth condition. Upon motion by Councilman Branch, seconded by Councilman Jones, City Council ADOPTED an Ordinance upon application of TREESTONE BUILDING CORPORATIONfor a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF TREESTONE BUILDING CORPORATIONFOR A CHANGE OF ZONING FROMR-20 TO CONDITIONAL A-12 Z09001182 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Treestone Building Corp., for a Change of Zoning District Classification from R-10 Residential District to Conditional A-12 ApartmentDistrict on Site 82, Linkhorn Park (GPIN#2418-92-2503). The proposed zoning classification change to Conditional A-12 is for multi family land use at a density no greater than 12 dwelling units per acre. The Comprehensive Plan recommends use of this parcel for medium to high density residential uses above 3.5 dwelling units per acre in accordance with other Plan policies. Said parcel is located at 3202 Holly Road and contains 1.183 acres. BEACH - DISTRICT 6. The following condition shall be required: Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 107 (fl of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth ofSeptember, Two Thousand Voting: 9-1 Council Members VotingAye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Nancy K. Parker and Rosemary Wilson Council Members Voting Nay: Mayor Meyera E. Oberndorf Council Members Absent.• Vice Mayor William D. Sessoms, Jr. September 12, 2000 - 46 - Item VI-K.6. PLANNING ITEM # 47138 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council, DEFERRED TO CITY CDUNCIL MEETING OF SEPTEMBER 26, 2000, Ordinance upon Application of OCEAN TIDE ASSOCIATES for a Change of Zoning District Classification: ORDINANCE UPONAPPLICATION OF OCEAN TIDE ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATIONFROMB-4 TO A-18 Ordinance upon application of Ocean Tide Associates for a Change of ZoningDistrict Classification from B-4 Resort Commercial District toA- 18ApartmentDistrict with a PD-H2 Planned Unit Development Overlay at the southwest corner of Shore Drive and Jade Street on Lots 1 through 8, Block 7, Plat of Lynnhaven Shores (GPIN #1489-99-3266;1489-99- 4365; #1489-99-5463). The proposed zoning classification change to A- 18 with a PD-H2 Overlay is for multi family land use at a density no greater than I S dwelling units per acre. The Comprehensive Plan recommends use of this parcel for resort uses including lodging, retail, entertainment, recreational, cultural , and other uses in accordance with other Plan policies. Said parcel contains 1.02 acres. LYNNHAVEN - DISTRICT 5 Voting.• 10-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Yoting Nay: None Council Members Abstaining.• William W. Harrison, Jr. Council Members Absent.• None Councilman Harrison ABSTAINED as his law firm represents a company which has an interest in this property. September 12, 2000 - 47- Item VI-K.7. PLANNING ITEM # 47139 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch , City Council APPROVED, AS CONDITIONED, Ordinance upon application of DAVID J. ROGERS for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF DAVID J. ROGERS FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES (AUTOMOBILES) R09003066 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of David J. Rogers for a Conditional Use Permit for motor vehicle sales (automobiles) at the northeast corner of South. MilitaryHighwayandAlexandriaAvenue (GPIN#1456-26-5063). Said parcel is located at 792 South Military Highway and contains 29, 914 square feet. CENTER VILLE - DISTRICT 1 The following conditions shall be required: Landscaping shall be installed on the site as depicted on the plan entitled "Conditional Use Permit of Parcel D-1 Virginia Beach, Virginia, for Auto source " dated June 14, 2000. 2. Curb and gutter shall be installed, parallel to Alexandria Avenue, extending the existing curb and gutter eastward to the reaY property line, as shown on the plan referenced in condition #1. 3. The applicant shall install curb and guttering along the western portion of the property, parallel to South Military Highway. The curb and guttering shall be a minimum ten feet eastward from the right-of-way line. All concrete and asphalt located in the public right-of-way between the property line and the existing sidewalk must be removed and the area filled, graded and landscaped. Furthermore, the existing 50 foot wide entrance on South Military Highway, located on the west side of the site, shall be reduced to 40 feet in width. Street frontage landscaping must be installed in the 10 foot strip along the western portion of this site, as mentioned in condition #3. All required parking spaces must be remarked (painted) clearly on the site, including installing the required handicap spaces in accordance with Americans with Disabilities Act (ADA) regulations. 6. A landscaped area, a minimum of 75 square feet, must be installed around the base of the existing freestanding sign. 7. The applicant must submit a site plan for review for all proposed on-site improvements to the Department of Planning / Development Services Center before occupancy of the site. 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 Twel~ofSeptember, Two Thousand September 12, 2000 -48- Item VI-K.7. PLANNING ITEM # 47139 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 12, 2000 - 49 - Item L.1. APPOINTMENTS ITEM # 47140 BY CONSENSUS, City Council RESCHEDULED: VIRGINIA BEACH COMMUNITYDEVELOPMENT CORPORATION (VBCDC) September 12, 2000 -50- Item VI-O.I. NEW BUSINESS ITEM # 47141 ADD-ON Upon motion by Council Lady Henley, seconded by Council Lady Wilson, City Council ADDED: RECONSIDERATION of Towne Development Corporation / Carl Schubert COZ/CUP (DENIED 8/22/00) Voting.• 11-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay.• None Council Members Absent: None September 12, 2000 -51- Item VI-0.2. NEW BUSINESS ITEM # 47142 ADD-ON Upon motion by Council Lady Henley, seconded by Council Lady Wilson, City Council: Scheduled advertising for RECONSIDERATION of Towne Development Corporation / Carl Schubert COZ/CUP (Denied 8/22/00) 2: 00 PM Tuesday, October 24, 2000 Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. September 12, 2000 -52- Item VI-P.1. ADJOURNMENT ITEM # 47143 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 5:25 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk Ruth Hodges Smith, MMC Ciry Clerk City of Virginia Beach Virginia Meyera E. Oberndorf Mayor September 12, 2000 -52- Item VI-P.1. ADJOURNMENT ITEM # 47143 MayorMeyera E. OberndorfDECLARED the City CouncilMeetingADJOURNED at 5:25P.M. ~ ~ /„ avJ~J -------- - - - - - ------- Bever y O. Hooks, CMC ChiefDeputy City Clerk , ~~~ ~ , , / ~~~~.~i~ th Hodges Smith, MMC Meyera E. Oberndorf City Clerk Mayor City of Yirginia Beach Virginia September 12, 2000 C/TY OF V/RGIN/A BEACH SUMMARY OF COUNCIL ACTIONS 0 H M B A C M E S DATE: September 12, 2000 B R H C A R P E W PAGE: 1 R R E J L N N A S I A E I N O A D D R S L N U S L N N I O K O S AGENDA ITEM # SUBJECT MOTION VOTE C H R E O N E Y E S A N G O R F E R M S O N I BRIEFINGS: A. LANDSCAPE/SIGN ORDINANCE Robert J. Scott Director of Plannin B. JOINT LAND USE STUDY James K. Spore City Manager Robert Mathias Assistant to the City Manager Thomas Pauls Comprehensive Planning Coordinator C. FY 99/00 REVENUE FUND BALANCE Patricia Phillilps Director of Finance II/A SUPER HORNET COMMISSION Mayor & Vice Ma or I II/IV/ MOVED TO SCHOOL ADMINISTRATION BUILD/NG - BUILDING #6 V/ VI/E CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y F MINUTES - Au ust 22, 2000 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y G/H/1 PUBLIC HEARING: CITY OWNED EXCESS PROPERTY a. DELAURA LANE (Aragona) No speakers b. S. INDEPENDENCE BLVD(Lardspur) 4 speakers (1) Parcel One:7.7ac 2 Parcel Two: 1.08 ac I/1 Ordinance to ADD Article VI/§ 16-39 Spot ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Bli ht Abatement to the Cit Code CONSENT 2 Ordinance to declare EXCESS PROPERTY/AUTHORIZE conveyance of same a. Aragona-Pembrooke Little League, ADOPTED, BY Y Y Y Y Y Y Y Y Y Y Y Y $70,000 CONSENT b. 537 S. Independence Blvd. to Cohen/ DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y Lefcoe $685,000 10l10/00 c. No known address on S. Independence DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y Blvd. to Kar $50,000 10/10/00 3 Ordinance to authorize license ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y agreement with Navy re satellite highway CONSENT maintenance ard at NAS Oceana 4 Ordinance to ACCEPT/APPROPRIATE ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y grants to EMS CONSENT a. $48,288 State Office of EMS b. $ 4,950 from Sentara Foundation 5 Ordinance to TRANSFER funds to ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Housing/Neighborhood Preservation CONSENT a. $700,000 no interest loan to acquire/ habilitate PINE OAKS APT. COMPLEX b. $200,000 VBCDC to acquire/rehabilitate housin for low income familiews 6 REFUNDS APPROVED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT a. License - $119,586.51 b. Tax 5 379.41 CITY OF VIRGIN/A BEACH SUMMARY OF COUNC/L ACTIONS 0 H M B A C M E S DATE: September 12, 2000 B R H C A R P E W PAGE: 2 R R E J L N N A S I A E I N O A D D R S L N U S L N N I O K O S AGENDA C R O E E A G R E M O ITEM # SUBJECT MOTION VOTE H E N Y S N O F R S N J/1 Resolution to APPROVE issuance of ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y FIRST MORTGAGE REVENUE BONDS, CONSENT not to exceed $10,000,000 re BETH SHOLOM TERRACE memory impaired/ assisted living project a Auburn Dr./College Park Blvd. 2 Resolution REFERRING to Mayor's Special ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Advisory Commission on E-Government CONSENT Real Estate Assessor's proposal re assessment information in City's Internet web site/recommend to City Council by 11/28/2000 3 Resolution to AUTHORIZE participation in ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Criminal Justice Services' Certified CONSENT Crime Prevention/DESIGNATE Virginia Beach Crime Prevention Steering Committee as the Cit 's re resentative 4 Resolution appointing Paulette Franklin ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Jenkins Assistant City Attorney effective CONSENT 9/16/2000 K/1 CATHOLIC DIOCESE OF RICHMOND on APPROVED/ 7-0 Y Y Y A Y A Y Y A A Y General Booth Blvd. APPLICANT B B B VOLUNTEERED S S S a. COZ from AG-2 to Conditional O-2 ADDITIONAL 10' T T T SET BACKS A A A b. CUP: independent living for seniors (TOTAL 55') I I I N N N E E E D D D 2 Closure of street or alleyways: DEFERRED 9-0 Y Y A Y Y Y Y Y Y A Y INDEFINITELY a. COMMONWEALTH BUILDING CO./ TASOS A. GALIOTOS Potomac SU Garrett Dr. (ROSE HALL-DISTRICT 3) b. TASOS A. GALIOTOS re Cleveland St. ROSE HALL-DISTRICT 3 c. IRA L/HELEN M. FISK re Waring St.at DEFERRED TO 10-0 Y Y Y Y Y Y Y Y Y A Y Avalon Ave. 10/10/00 @ 2 pm CENTERVILLE-DISTRICT 1 3 MARK LEACH Variance to Subdivision APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Ord. to legally establish lot which has no CONDITIONED, direct street access re Lot 43A, Alberthas BY CONSENT Ln. ROSE HALL-DISTRICT 3 4 WAWA, INC. Modification Green Run Land DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y Use Plant(fuel sales) with convenience 9/26/2000 BY store at Lynnhaven Pkwy/Windmill Point CONSENT Crst. ROSE HALL-DISTRICT 3 5 TREESTONE BUILDING CORP. COZ APPROVED AS 9-1 Y Y Y Y Y Y Y Y Y A Y from R-20 to Conditional A-12 (BEACH- PROFFERED DISTRICT 6 6 OCEAN TIDE ASSOC. COZ from B-4 to A- DEFERRED TO 10-0 Y Y A Y Y Y Y Y Y Y Y 18 with PD-H2 at Shore Dr./Jade St. 9/26/2000 BY B Lynnhaven Shores (LYNNHAVEN- CONSENT S DISTRICT 5) T A I N E D 7 DAVID J. ROGERS CUP: Motor Vehicle APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y sales at 792 S. Military Hgwy. CONDITIONED, CENTERVILLE - DISTRICT BY CONSENT L APPOINTMENT: RESCHEDULED B Y C O N S E N S U S VBCDC M/N Towne Development Corp/Carl Schuster ADDED & 10-1 Y Y Y Y Y Y Y Y Y A Y ADD COZ's Indian River/Princess Anne Rd. for SCHEDULED ON Reconsideration: 2 m 10/26/2000 O ADJOURNMENT: 525 PM