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JANUARY 23, 2001 MINUTESCitv of Virginia l~each "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E OBERNDORF, At-Large VICE MAYOR WILLIAM D SESSOMS, JR, At-Large LINWOOD 0 BRANCH, II!, Beach -Dtstrtct 6 MARGARET L EURE, Centervdle -Dtstrtct 1 WILLIAM W HARRISON, JR, Lynnhaven -Dtstrtct 5 BARBARA M HENLEY, Prtncess Anne -Dtstrtct 7 LOUIS R JONES, Baystde - Dtstrwt 4 REBA S McCLANAN, Rose Hall -Dtstrtct 3 ROBERT C MANDIGO, JR, Kempsvtlle -Dtstrtct 2 NANCY K PARKER, At-Large ROSEMARY WILSON, At-Large JAMES K SPORE, Ctty Manager LESLIE L LILLEY, Ctty Attorney RUTH HODGES-SMITH, MMC, Ctty Clerk CITY COUNCIL AGENDA CITY HALL BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEA CH, VIRGINIA 23456-9005 PHONE (757) 427-4304 FAX (757) 426-5669 EMAI£ Ctycncl@ctty vtrgtnta-beach va us JANUARY 23~ 2001 2:30 PM - BUILDING # 19 - - TRAINING ROOM B - FIVE YEAR FORECA,_q T NEEDS AND RE,_qOUR CE,_q Cl T Y CO UNCIL AND VIRGINIA BEACH SCHOOL BOARD CITY COUNCIL c .i v Virc iniR T _1 · · "COMMUNITY FOR A LIFETIME" MAYOR MEYERA E OBERNDORF, At-Large VICE MAYOR WILLIAM D SESSOMS, JR, At-lxtrge LINWOOD 0 BRANCH, III, Beach -Dtstrtct 6 MARGARET L EURE, Centervtlle -Dtstrtct 1 WILLIAM W HARRISON, JR, Lynnhaven -Dtstrtct 5 BARBARA M HENLEY, Prtncess Anne -Dtstrtct 7 LOUIS R JONES, Baystde -Dtstrtct 4 REBA S McCLANAN, Rose Hall -Dtstrtct 3 ROBERT C MANDIGO, JR, Kempsvtlle -Dtstrtct 2 NANCY K PARKER, At-Large ROSEMARY WILSON, At-Large JAMES K SPORE, Ctty Manager LESLIE L LILLEY, Ctty Attorney RUTH HODGES-SMITH, MMC, City Clerk CITY COUNCIL AGENDA 0~, OUR Hi~(~0~ CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEA CH, VIRGINIA 23456-9005 PHONE (757) 427-4304 FAX (757) 426-5669 EMAIL Ctycncl@ctt)' vtrgtnta-beach va us January 23,2001 I CITY MANAGER'S BRIEFINGS - Conference Room - 3:30 PM A B Co BOARDWALK TRAM Dale Castellow, Transportation Planmng Coordinator LANDSCAPE and SIGN ORDINANCE Karen Lasley, Zoning Administrator REDWING GOLF COURSE/PARKS and RECREATION COMMISSION REPORT Sara L. Hensley, Director, Parks and Recreation II. REVIEW OF THE AGENDA III CITY COUNCIL COMMENTS IV INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER- Mayor Meyera E. Oberndorf B ROLL CALL OF CITY COUNCIL C RECESS TO CLOSED SESSION Citizens may register to address City Council for a limited time on any item on the Formal Council Agenda. Speakers may register immediately prior to the meeting or, in advance, by calling the City Clerk's Office at 427-4303. V FORMAL SESSION - Conference Room - 6:00 PM A CALL TO ORDER - Mayor Meyera E Oberndorf B INVOCATION: Reverend Jay Smith First Baptist Church of Virginia Beach C PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D ELECTRONIC ROLL CALL OF CITY COUNCIL E CERTIFICATION OF CLOSED SESSION F MINUTES 1. iNFORMAL & FORMAL SESSIONS January 9, 2001 G. AGENDA FOR FORMAL SESSION The Consent Agenda wtll be determtned durtng the Agenda Review Session and constdered tn the ordmary course of busmess by Ctty Councl! to be enacted by one motion. H PRESENTATION 1 MAYOR'S CUP - Norfolk Lighted Boat Parade G Ronald Kulman, Marketing Director, Convention & Visitor Development Downtown Norfolk Council Captain Skip Feller, Virginia Beach Fishing Center Jim Scully, Operations Stage Manager, Celler Door I. PUBLIC HEARINGS 1. NIMMO PARKWAY (formerly Ferrell Parkway)/ATWOODTOWN ROAD 2. TAX EXEMPTION: M.E Cox Center for Elderly Day Care, Inc J RESOLUTIONS/ORDINANCES Resolution to support legislation designating M. E. COX CENTER FOR ELDERLY DAY CARE, INC. EXEMPT re real and personal property taxation. Resolution re issuance of the Development Authority's Industrial Development Revenue Bonds: LtfeNet Not to exceed $13 5-Million o Resolution to ENDORSE the application to the Commonwealth Transportation Board for federal transportation enhancement funds re a. Ferry Plantation House restoration - Phase I Pungo Ferry Landing property acqmsltlon for public use Cape Henry Extension Multi-Purpose Trail . Resolution to ADOPT "Gutdelmes for Evaluation of lnvestment Partnershtps for Economtc Development"; and, utilize the policy when evaluating potential investment partnerships. . Ordinance to ACCEPT and APPROPRIATE a $68,169 grant from the Virginia Department of Criminal Justice Services to the FY 2000-01 operating budget of the Pohce Department re enhanced services to the domestic violence unit. . Ordinance to ACCEPT and APPROPRIATE $6,836 from the Commonwealth of Virginia "Two-for-Life" program to the FY 2000-01 operating budget of the Emergency Medtcal Services (EMS) re purchasing defibrillators. o Ordinance to ACCEPT and APPROPRIATE a $5,000 grant from the Virginia Commission for the Arts to the FY 2000-01 operating budget of the Department of Museums and Cultural Arts re local art activities and projects. Ordinance to AMEND [3rd Amendment] the Landfill Gas (LFG) Agreement re payment of royalties; improving existing well field; consent to assignment of certain rights and obligations; and, authorize the City Manager to execute the necessary documents. . Ordinance to TRANSFER $1,173,000 FY 2000-01 School Capital Improvement Funds (CIP): a. Elementary school security cameras $550,000 b. Replacement of telephones $300,000 c. Infrastructure improvements, middle school language labs $ 73,000 d Repair and maintenance projects $220,000 e. Custodial equipment replacements $ 30,000 10 Ordinance to TRANSFER $250,000 from E-911 Communications Special Revenue Fund to Pubhc Safety Emergency Commumcattons re intelligent workstations to comply with the Americans With Disabditles Act (TDD) 11 Ordinance to authorize a temporary encroachment into a portion of the right-of-way known as 22na Street by ROCKET ENTERPRISES LLC. (DISTRICT 6 - BEACH) 12 Refunds: a. Licenses. $12,684.39 b. Tax: $ 4,442 39 K PLANNING PLANNING BY CONSENT - To be determined during the Agenda Review Session. Application of COMMERCIAL INVESTMENT PROPERTIES, L.L.C. for an AMENDMENT to the Green Run Land Use Plan to allow fuel sales (six gasoline pumps) in conjunction with a convenience store at the southwest intersection of Buckner Boulevard and S. Rosemont Road, containing 1.6 acres (PRINCESS ANNE - DISTRICT 7). Deferred: Deferred Indefinitely. Recommendation: September 26, 2000 November 28, 2000 APPROVAL 2 RECONSIDERATION: o . . o Applications of CHECKERED FLAG MOTOR CAR CO., on the west side of North Lynnhaven Road, south of Virginia Beach Boulevard (263 and 267 North Lynnhaven Road), containing 40,075 square feet ( DISTRICT 3 ROSE HALL) a Change of Zoning District Classfficatlon from R-10 Residential D~strict and B-2 Commumt¥ Business District to Conditional B-2 Community Business District b Conditional Use Permit for motor vehtcle sales (expansion) Denied: November 14, 2000 Reconsxderat~on scheduled by City Council December 5, 2000 Recommendation: WITHDRAWAL Apphcatlon of SAIR ENTERPRISES, INC., for a Conditional Use Permit for an automobtle service station in conjunction with a convemence store, automottve repatr and storage at the northwest corner of"South Lynnhaven Road and Silina Drive (3096 South Lynnhaven Road), containing 41,599.8 square feet (DISTRICT 3 - ROSE HALL) Staff Recommendation Recommendation. APPROVE ONLY auto service station/convenience store APPROVAL Application of GREATER SAINT ANDREWS A.M.E. CHURCH for a Conditional Use Permit for a church addttton on property located on the east side of MacDonald Road, south of Townsend Drive (3008 MacDonald Road), containing 1 acre (DISTRICT 1 - CENTERVILLE) Recommendation: APPROVAL Application of SNYDER'S RV (Davis Corner Motors, Inc.) for a Conditional Use Permit for motor vehtcle sales and rentals (RV sales) on the east of Newtown Road, north of Virginia Beach Boulevard (470 Newtown Road), containing 1 305 acres (DISTRICT 2 - KEMPSVILLE) Recommendation' APPROVAL Application of DEPARTMENT of MENTAL HEALTH, MENTAL RETARDATION and SUBSTANCE ABUSE SERVICES (MHMRSA)for a Conditional Use Permit for a group home (recovery center) on the west side of Birdneck Road, north of Amerlcus Avenue (411 Birdneck C~rcle), contmning 8.3 acres. (DISTRICT 6 - BEACH) Recommendation. APPROVAL Applications of LUCOR, INC., for a Conditional Use Permit for an automotive service center (Jiffy Lube) at the northeast intersection of Virginia Beach Boulevard and Old Virginia Beach Boulevard (3292 Virginia Beach Boulevard), contmmng 17,380 44 square feet. (DISTRICT 5 - LYNNHAVEN) Recommendation APPROVAL Application of BETTY M. SUNDIN for a Change of Zoning District Classification from 0-2 Office Dtstrtct to Condtttonal B-2 Commumtv Busmess Dtstrtct on the south side of Laskln Road, east of Freemac Drive (1385 Laskln Road), containing 20,500 square feet (DISTRICT 5 - LYNNHAVEN) Recommendation: APPROVAL Ordinance to AMEND §§ 203 and 230 of the City Zoning Ordinance (CZO) to revise the requirements of off-street vehicularparking for churches in shopping centers and to clarify such requirements for uses permitted pursuant to a Conditional Use Permit Recommendation: APPROVAL Lo APPOINTMENTS HUMAN RIGHTS COMMISSION VIRGINIA BEACH HEALTH SERVICES ADVISORY BOARD M. UNFINISHED BUSINESS N NEW BUSINESS 0 ADJOURNMENT SCHEDULE: RESOURCE MANAGEMENT PROCESS Topic I Location Date/T~me City Manager's Proposed FY 2001-02 Resource Management Plan Presentation March 27th Councd Chamber Economic Vltahty/Safe Commumty/Pohcy & Decision Support Workshop Conference Room April 3ra ! Quality Education for Dfethme Learning Workshop Conference Room April l0th Proposed FY 2001-02 Resource Management Plan Pubhc Heanng April 12th To Be Announced Quahty Physical Enwronment/Operat~onal Support Workshop Conference Room April 17th Cultural & Recreational Opportumt~es/Famfly Youth Opportumt~es Workshop Conference Room April 24th Proposed FY 2001-02 Resource Management Plan Pubhc Heanng 2PM April 24th Counctl Chamber Reconcd~atmn Workshop Conference Room May 8'h Resource Management Plan Councd Chamber Ma), 15th If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 01/18/01slb AGENDA\01-23-01 PLN www virginia-beach.va,us o~ OUR MINUTES VIRGINIA BEACH CITY COUNCIL V~rg~ma Beach, V~rg~n~a January 23, 2001 Mayor Meyera E Oberndorf called to order the FIVE YEAR FORECAST NEEDS AND RESOURCES tn Buddtng# 19, Tratnmg Room B, on Tuesday, January 23, 2001, at 2 30 P M Counctl Members Present Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and Rosemary Wdson Counctl Members Absent Wdham W Harrtson, Jr [ENTERED 2 45 P M ] School Board Members Present D A "Al"Albowtch, JaneS Brooks, Chatrman DantelD "Dan"Edwards, Nancy D Guy, Dan R Lowe, Mtchael W Stewart, derrt M Tata and Vtce Chatrman Arthur T Tate School Board Members Absent H Les Powell, Jr Ned L Rose [ENTERED 30SPM] Sandra Smtth-Jones -2- FIVE YEAR FORECAST NEEDS AND RESOURCES 3:30 P.M. Steven T Thompson, Chte~[ Ftnanctal Officer, advtsed the Five Year Forecast contmues the practtce of deptcttng trends, provtdtng a projected snapshot of a hkely fiscal future for the next five years, and quanttfytng pohcy chotces All forecasts begtn wtth an understandtng of the current envtronment tn whtch an organtzatton ts operattng The selected forces of the economy Real Estate, Economic Development Efforts; Per capita Income; Population; Intergovernmental Revenues; Oceana; Infrastructure; and Financial Management, are all tntertwtned with the Forecast, but each factor and the collectton of outcomes can vary Thts ts the eleventh five year Forecast that has been presented Good things are Happening Town Center ts underway School Modermzatton ts on track Major renovations of extttng hbrartes and constructton of Princess Anne Ltbrary ts underway Constructton or reconstructton of fire stattons has started Completed constructton of the Seawall and boardwalk The Ctty has created 1,691 new jobs and retatned 1,029 The Advanced Technology Center ss under constructton and scheduled to open thts Fall Vtrgtnta Beach conttnues to be the safest ctty of tts stze Kempsvtlle Road Phase III ss under constructton Average new home value ss over $200,0000 The Ctty saved SI-MILLION tn tnterest when Water and Sewer Revenue Bonds were sold wtth the htghest ever bond rattng Vtrgtnta Beach matntatned 65 mtles of roadstde, 20 redes of off-road dttches and 22 redes of ptpe for stormwater Vtrgtnta Beach placed 344 economtcally dtsadvantaged ctttzens tn jobs Landstown Htgh School wtll open thts Fall Ftnanctally, the Ctty ts tn good shape and can matntatn all current general government programs wtthtn extsttng tax rates Special revenue and enterprise operations may require rate or fee increases to maintain infrastructure and programming quality Catheryn R Whttesell, Management Servtces Director, advtsed relattve the economy, thts ss one envtronmental condttton whtch has changed stgntficantly stnce this ttme last year The State rehes prtmartly on tncome tax revenues, whtch are more suscepttble to economtc up and down turns than property taxes A large portton of the State's current funding dtfficulttes are related to the trouble tn the"dot corn" tndustrtes Our revenue streams, whtle are not as susceptible to the dramattc upswtngs the state and nattonal governments expertenced last year, are also not as suscepttble to the dramattc downturn the state ss expertenctng Even tn the face of a coohng economy, Vtrgtnta Beach conttnues to expertence good growth tn revenue streams, wtthout havtng to rely on tax tncreases However, thts growth is only sufficient to maintain current services, not to provtde for substanttal new programmtng A major part of the lnsulatton from recesstonary turns ss the rehance on real estate for our prtmary local revenue Thts and a stable employer, the mtlttary, generally makes the tmpact of any recesston redder for us than for other commumttes throughout the country A notable exceptton was the early 90's recesston whtch was compounded by the Gulf War, mthtary downstztng and over-butldtng tn the 1980's A graph tllustrated the Ctty has not made st back to the 1990 levels of real estate assessment growth Although thts sttuatton ss tmprovtng Economtc development conttnues to be crtttcal to the communtty The reahty ss that all communtttes are acttvely seektng new bustnesses The City has to be proacttve or tt cannot be compettttve The Ctty has been successful tn attracttng new compantes to Vtrgtnta Beach January 23, 2001 -S- FIVE YEAR FORECAST NEEDS AND RESOURCES Environment - Economic Development Efforts The Ctty has tnvested $8 5-MILLION over the last 11 years through EDIP Thts tnvestment returns annual revenues to the government of nearly 4 cents on the real estate tax dollar The Ctty has new capttal tnvestment of $55-MILLION 30 new compames have located tn Vtrgtma Beach and 35 etther expanded or dectded to stay here Pubhc/Prtvate Partnershtps are paying off The Amphttheater and Lynnhaven Mall are anttctpated to provide $2 4-MILLION tn dtrect revenue to the government EDIP tnvestments are now generattng approxtmately S Z 4-MILLION in revenue to the Government Add to that what the other pubhc prtvate partnershtps are currently generattng, the City is receiving over $10- MILLION on its investment Thts dtrectly tmpacts the revenues whtch are tncluded tn the City/School Revenue Sharing Formula. Income levels conttnue to be a concern throughout the Hampton Roads area Counctl has estabhshed a goal of attracttng quahty, wellpayingjobs to our community, generally defined as those over $35,000. Even wtth this and our economtc development successes, the Ctty's per capita tncome conttnues to dechne as a percentage of the State or Nattonal mcome levels Relattve Environment - Population, tn March, the Ctty wtll begtn to recetve data for the 2000 Census It ts anttctpated to confirm that as a community, Vtrgtnta Beach ts getttng more dtverse, less young and fewer chtldren per household Total population growth ts projected to be approximately 1% each year over the Forecast pertod Student enrollment ts down as of September 30'h enrollment data and both the School System and HRPDC are projecttng a conttnual dechne tn the total number of students enrolled through the Forecast pertod Relattve Environment- Intergovernmental Revenues, both the ctty and school operations are heavtly dependent upon State and Federal Government revenues They are a crtttcal partner tn our abthty to dehver servtces to the communtty In the current budget, State revenues equal 31.9% of our $1.117-BILLION budget or $356.9-MILLION Add to that the $68-MILLION provided by the Federal government and over 38% of the City's budget comes from sources the City does not control The majority of that revenue ts dedtcated to spectfic programmtng through grants or legtslatton Environment - Infrastructure Vtrgtnta Beach ts over 35 years old, and a lot of our infrastructure, roads, butldtngs and ptpes were put tn the when the City was young, Majortty of the projects tn the current CIP are for matntenance, upgrades, or replacement of facdtttes The Ctty ts tn the process of moderntztng our schools, begtnntng wtth the oldest first Financial Management General Policies The educattonal system ts a htgh prtortty of the commumty and to ensure that an adequate level of resources ts provtded, the City~School Revenue Shartng Pohcy ts matntatned The Ctty/School Revenue Shartng Formula dtvtdes major growth revenues' between the two systems wtthout rehance on populatton, demographtcs or program tssues School moderntzatton ts heavtly supported by the State Lottery proceeds Thts pohcy of dedtcattng Lottery proceeds wtll be matntatned January 23, 2001 -4- FIVE YEAR FORECAST NEEDS AND RESOURCES The Ctty seeks to matntatn Counctl 's pohctes on debt management Of prtmary constderatton each year ts the net debt per captta gutdehne Thts helps keep the debt load perperson wtthtn levels the communtty can manage The tssue of supplanttng tntergovernmental revenues wtth local sources had not been before the ctty tn the recentpast, however, with the current budget dtscusstons tn Rtchmond the ctty may well be faced wtth state program cutbacks The Governor's budget tncluded $91-MILLION in "productivity savings" whtch agenctes have not yet flushed out tn terms of how they wtll attatn those Some local agencies have been requested to tdenttfy the tmpact of 3% to 6% reducttons tn thetr fundtng streams Fiscal sustainability ts a mtndset that continues to be followed Prtor to determtmng tfa facthty should be butlt or a new program started, the on-gotng cost tn terms of staff, matntenance and other support ts revtewed If the facthty or program once opened cannot be supported, then tts need ts reevaluated tn hght of other prtortttes Fiscal sustainability also means the long term matntenance of facthttes and tnfrastructure Ctty Counctl adopted a pohcy of ensurtng that each year fundtng ts provtded equal to 2% of the replacement value of the infrastructure. This standard has been slightly exceeded (2.1%). Relattve the Ctty Operating Forecast, a graph tllustrated the City's 46.87% of the City/School Revenue Sharing Formula revenue and the revenue streams whtch support spectfic programmtng (welfare asststance, recreation fees, development fees, hotel taxes, etc ) 2002 wtll be ttght for Ctty operattons Thts projected deficit of $2. 7-MILLION ts betng caused by the opemng of the new fire statton and hbrary, an tncrease tn our contractual obhgatton to SPSA, and an anttctpated redtrect~on of general fund revenues to the "major projects" currently betng dtscussed by City Counctl Thts ts a projected defictt and steps are betng taken to mtttgate other program costs and enhance producttvtty to ensure the Resource Management Plan whtch wtll be presented to the Ctty Counctl on March 27th wtll be balanced agatnst current revenue City Operating Forecast Issues Driving Resource Needs Ftn&ng and retatntng quahfied employees Opemng new Facthttes (Prtncess Anne Ltbrary an General Booth Ftre Statton wtll requtre 56full-trine and 12 part-trine employees) Ttpptng tncrease at the landfill Matntatntng quahty servtces whtle deahng wtth tncreastng demands Concerns Economic Change State Funding 19% of the fundtng to Ctty Operattons tnvolves state funds A decrease of 5% tn State Revenues could cause a $4 4-MILLION decrease m funds to Ctty programs Major projects Re&rected resources are reflected tn the Forecast and are contrtbutmg to the ttghtness of FY 2002 New taxes wtll mtttgate any further tmpact on current programmtng, however they wtll affect ctttzens Catheryn &splayed a table dlustrattng the Comparison of Annual Tax Impact Suffolk ts currently the only Ctty whose tax burden ts less than Vtrgtnta Beach, but does notprovtde nearly the level of servtces Catheryn advtsed Ctty Counctl has been brtefed on the tssues affecttng both Storm Water and Sewer operattons and thetr needs for rate tncreases to support the agtng tnfrastructure tssues Both of these funds recetve no General Fund support and rely dtrectly on revenues generated through thetr rates If rate increases are not approved, both systems will have to significantly curtail planned infrastructure maintenance due to insufficient funds Current operattons can conttnue wtthtn the extsttng rate structures January 23, 2001 -5- FIVE YEAR FORECAST NEEDS AND RESOURCES Vtctorta Lewts, Chtef Ftnanctal Officer- Vtrgtnta Beach Schools, retterated the School Operating Forecast Ctty/School Revenue Shartng Formula wtll generate $14 7-MILLION tn new funds to the School System The dechne tn student enrollment will affect Basic Atd and Impact Atd stnce both are based on the number of students Issues Driving Resource Needs Attractton and retentton of quahfied school teachers and prtnctples Opentng of Landstown Htgh School wtll reqmre 8 7 newpostttons (40 non- lnstructtonal and 4 7 teachtng) Staffing for the Advanced Technology Center Staff has not tncluded fundtng for teacher's pay mcreases For purposes of the five-year projection presented to the School Board tn October, the followtng assumptions were made Student enrollment showed a moderate dechne through the Forecast Pertod No changes were shown tn the compostte tndex, although tts figure ts recalculated by the state wtth every btenntum State sales tax was forecast to tncrease at 3% per year The figure was purposely conservative, gtven that state revenues are htghly elasttc and responded to changes tn the economy, as has been seen over the last several months AdJustment by the state tn thetrprojectton for sales tax for thts fiscal year has already been wttnessed No changes were forecast for the State Bastc Atd, although these figures are generally recalculated wtth each Btenntum The local contrtbutton under the Revenue Shartng Formula was constdered to tncrease at 3% a year over the forecastpertod Thts ss the area tn whtch the Ctty projected growth rates greater than 3% tn the revenue streams assoctated wtth the Formula and this ss reflected tn the Ctty's report Lottery fundtng ts esttmated to conttnue at current levels Expenditure assumptions were as follows No addtttonal programs were planned for the pertod of the Forecast other than the opemng of Landstown Htgh School and the opemng of the Advanced Technology Center Thts ss not a predtctton It ss an assumptton for purposes of this report Compensatton tncreases were tncluded at an tncrease of 4% per year ERIP costs are fully met tn FY 2002/2003 No basehnes for buses, vehtcles or other equtpment have been tncreased from those prevtously estabhshed tn the operattng budget Adequate fundtng - on all levels - ss crtttcal to the school systems success The State budget and General Assembly may stgntficantly affect the Schools Operattng Budget both tn terms of revenues (Governor's budget has $0.8-MILLION less in basic aid due to the decline in student enrollment) and tn terms of unfunded mandates January23, 2001 -6- FIVE YEAR FORECAST NEEDS AND RESOURCES RECOMMENDATIONS Ensure that thepace of growth in expenditures for base services does not require a tax increase over the forecast period. Ensure that we can and do meet the test fiscal sustainability in a balanced and consistent manner To accomphsh these objectives: The City Counctl and the School Board estabhsh new projects and programs only wtthtn the context of the annual resource allocation process thereby allowtng fatr compartsons among compettng needs Both bodtes wtth State Legtslators add flextble opttons to locahttes tn deahng wtth service needs and tnfrastructure matntenance, and, Both the Ctty Counctl and School Board look at provtdtng more cash fundtng tnto the Capttal Improvement Program, thereby reductng the use of debt financtng and butldtng capactty to deal wtth future changes January 23, 2001 MINUTES VIRGINIA BEACH CITY COUNCIL Virg~ma Beach, V~rgima January 23, 2001 Mayor Meyera E Oberndorf called to order the CITY MANAGER'S BRIEFING for the BOARDWALK TRAM tn the Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, January 23, 2001, at 3 55 P M Counctl Members Present Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Absent None -2- CITY MANAGER'S BRIEFING BOARDWALK TRAM 3:55 P.M. ITEM tt 4 7629 Dale Castellow, Transportatton Planmng Coordtnator, advtsed yesterday, January 22, 2001, tnformatton was recetved from one of the vendors questtomng the crtterta of the Request for Proposal (RFP) relattve Boardwalk Trams, espectally the portton deahng wtth the abthty to operate thetr vehtcles on City streets Thus, the techmcal revtew of the proposals must be extended Mr Castellow tntroduced Sheryl Chapman, Transtt Development Manager - Hampton Roads Transit Ms Chapman, advtsed durtng the October 1 O, 2000, Ctty Councd Sesston, the HRT and Ctty Staff Jomt Task Force Presented avadable vehtcle types (tntttal market survey deptcted a dtsappomttngly hmtted number of manufacturers, espectallyfor "small" trams) Outhned a bastc Operattng Plan Provtded esttmates of operattng cost, rtdershtp and revenue scenartos Advtsed a posstble FTA "bus testtng" hmttatton The Basic Operating Plan would entad an Operating Season of one week before Memorial Day through the Neptune Festival Three (3) trams would operate wtth a sparepower umt avadable There would be 20- minute headways However, thts would be flextble accordtng to congestton The Operating Hours would be twelve hours a day Sunday thru Thursday and 14 hours a day on Frtday and Saturday The Tram wtll be staffed wtth a drtver and attendant and two fare boxes, one at the front and one at rear of tram Trams will run the enttre length of the boardwalk ESTIMA TED OPERA TING COST and EXPECTED RIDERSHIP Esttmated Operattng Cost $ 2 75, 000 Expected Rtdershtp 130, 000 - 160, 000 Esttmated Substdy $115, 000 - $145,000 Ctty Staff explortng avadabthty of Grants for operattng asststance The Task Force advtsed relative a prior FTA ruhng, that a tram meets the broad defimtton of a bus, and, therefore, ts subject to thetr Altoona Bus Testing Certification requtrement and they explatned how thts mtght affect the vehtcle chotces Ctty Councd generally supports the concept of boardwalk tram servtce, provtded the rtght vehtcle can be found The Task Force was tnstructed to proceed wtth the vehtcle RFP and report back to Ctty Counctl wtth a recommended vehtcle Minimum Vehicle Requirements Heavy-duty compressed natural gas engtne Meet Federal natural gas vehtcle safety standards NGv2 and NFPA 52 Capable of betng permttted for street use tn accordance wtth FMVSS and State of Vtrgtnta Meet 49 CFR Part 38 - ADA requtrements In addmon, the RFP must provtde a detaded hsttng of destred charactertsttcs for purposes of vehtcle evaluatton January 23, 2001 -3- CITY M/INA GER 'S BRIEFING BOARD WALK TRAM ITEM # 47629 (Continued) Vehicle Evaluation Criteria Vehtcle appearance (most tmportanO Integrity of the CNG fuel system Operattonal charactertsttcs Durabthty and matntatnabthty Features for persons wtth chsabthttes Dehvery schedule Prtce (least tmportant, sttll stgntfican0 The "destred charactertsttcs" were grouped under the categortes deptcted above tn decreastng order of relattve tmportance and formed the basts of evaluatton of those vehtcles meettng the mtntmum requtrements The vehicle RFP was tssued on October 30th to six (6)firms This hst tncluded all five manufacturers that gave presentattons to the Task Force tn August as well as one addtttonal firm At the ttme the RFP was tssued, tt was beheved that 2 known manufacturers were capable of meettng the mtntmum vehtcle requtrements The Task Force hoped to locate addtttonal manufacturers tn the RFPprocess Twoproposals were recetved on November 22 and the evaluatton team met on December 8, 2000, to begtn the techmcal evaluatton of the proposals In an effort to conduct a thorough and responstble revtew of all aspects of the proposals, all tnformatton must be fully constdered as tt relates to tssues of operabthty, ehgtbthtyfor FTA fundtng, the envtronment tn whtch the trams wtll be operattng, our insurance requtrements and standard procurement procedures When the process ts completed, the Ctty can be assured the very best vehtcle will have been selected Selected Tram Features PA system/led &splay bars Stereo system Ratsed attendant seat tn rear of tram Hands free two-way communtcatton between driver and rear attendant Two fi~re boxes - one at each end of tram Closure bars Mrs Chapman chsplayed ptctures of the tram vehtcles submttted under the RFP Two were essenttally the same vehtcle wtth dtfferent themes One vehtcle wtll have a trathng unit, seat 48 passengers and be approxtmately 50 feet long by 7' wtde The other vehtcle deptcted wtll have two trathng untts, seat 52 passengers and wtll be 54feet long and 6 5' wtde Both vehtcles wtll seat 4passengers tn each row and provtde wheelchatr access Open Issues Determtnatton of FTA ruhng on "Altoona Bus Testtng" requtrement for submttted vehtcles Determtne capabthty of vehtcles to obtatn state-tssued operattng permtt Determtne tnsurance requtrements as tt pertatns to the operattng charactertsttcs of the vehtcles January 23, 2001 -4- CITY MANAGER'S BRIEFING BOARD WALK TRAM ITEM # 47629 (Continued) Schedule January 31, 2001 Submtt both vehtcles to FTA February 15, 2001 Complete techmcal evaluatton of vehtcles Recommend vehtcle to City Counctl Award Contract Ctty Counctl members expressed concern relattve the appearance of the trams depicted These dtd not enhance the tmage of Vtrgtnta Beach nor th e theme proJected for the Oceanfront Relative the posstbthty of a jeep pulhng the traders, Mr Castellow advised leeps are not destgned for thts "slow speed", "stop-n-go" towtng and would result tn transmtsston problems The shdes were not aesthettcally pleastng, however, the tugs could be enhanced Mr Castellow advtsed the vehtcle presented tntttally during the October Session was between the Econohne and the tug and was the preference of the Task Force However, the manufacturer of thts vehtcle has lost thetr engtne vendor &nce, tt ts not avatlable tt can not be brought forward as an optton at the present ttme Thts manufacturer ts attempttng to find a new engtne vendor Thts vehtcle was aesthettcally more pleasmg and user friendly The Ctty Counctl requested the Task Force continue searchtng for an appropriate Tram whtch wtllould adhere to the tmproved appearance of the resort area January 23, 2001 -5- CITY MANAGER'S BRIEFING LANDSCAPE AND SIGN ZONING ORDINANCE 4:20 P.M. ITEM # 4 7630 Karen Lasley, Zomng Admtntstrator, wtth the utthzatton of power potnt, presented tnformatton, relattve amendments to the stgn or&nance, deptcttng photographtc examples AMENDMENT PROCESS Staff finahzes amendment package Amendment package ts placed on City Councd's agenda to be referred to the Planmng Commtsston for a recommendatton The Planmng Commtsston dtstrtbutes the amendment package to orgamzattons such as Councd of Ctvtc Organtzattons, Chamber of Commerce, Ttdewater Budders Assoctatton, Beauttficatton Commtsston, Commerctal Realtors, etc The Planmng Commtsston holds workshops and obtatns tnput from the pubhc Planntng £bmmtsston holds Pubhc Heartngs and makes recommendattons to Ctty Councd Ctty Councd holds Pubhc Hearings Monument Signs August 22, 2000 Amended CZO to allow shopping center tdent~ficatton stgns to dtsplay tenant names ~f stgn ts monument style Monument style signs routmely part of condmonal rezomngs and reqmred as part of condtttonal use permtts Monument Signs/Proposed Amendment Requtre all free-standtng stgns to be monument style wtth a maxtmum hetght of 8 feet OR Ltmtt hetght of monument stgns to 8feet Encourage monument stgns by mcreasmg the allowed stgn face Signs in Windows In the RT-I, RT-2 and RT-3 Resort Tourtst Dtstrtcts, CZO hmtts stgns tn wtndows to 20% of the wmdow surface, not to exceed 16 square feet CZO does not spectfically address stgns tn wtndows tn other dtstrtcts Signs in Windows/Proposed Amendment Amend CZO for all chstrtcts to allow a maxtmum of l 6 square feet for stgns In wmdows January23, 2001 -6- CITY MANAGER'S BRIEFING LANDSCAPE AND SIGN ZONING ORDINANCE ITEM # 47630 (Continued) Concern was expressed relattve enforcement of signs tn wtndows &gns blocktng or tmpedtng vtstbthty tnto stores mtght be a preferable way to address the tssue Realtor's Signs CZO allows stgns adverttstng property for sale, lease or rent 32 square foot maxtmum 2 such stgns allowed for each lOOfeet of street frontage wtth a maxtmum of 4 such stgns on any property Concern was expressed relative signs advertising property for sale, lease or rent Some of the properttes have been full for years and are not available for rent City staff shall revtew the concept o;{ allowing 4 signs for each lOO feet of street frontage. Realtor's Signs/Proposed Amendment Stgns adverttstng property, butldtngs or space theretn for sale, lease, or rent may be installed durtng the constructton process and may rematn tn place for a maxtmum of one year after the certificate of occupancy for the butldtng has been issued Balloons Temporary stgns on balloons are allowed 3 ttmes per year for pertods not to exceed 7 days Balloons are not spectfically prohtbtted Pennants, rtbbons, streamers, sptnners, and strtngs of hght bulbs are all spectfically prohtbtted Balloons~Proposed Amendments Requtre a permtt for temporary balloon stgns so Staff can keep track and enforce ttme hmtts Add balloons to the hst of devices that are prohtbtted, except where allowed as temporary stgns Balloons do tncrease busmess Concern was expressed relattve bustnesses betng affected Neighborhood Commercial Centers Netghborhood Commerctal Centers - 5 or more estabhshments on a mmtmum or 40, 000 square feet of land area Center tdenttficatton stgns allowed to be 100 square feet per face Neighborhood/Proposed Amendment Reduce to a maxtmum of 85 square feet per face January 23, 2001 -7- CITY MANAGER'S BRIEFING LANDSCAPE AND SIGN ZONING ORDINANCE ITEM # 47630 (Continued) Community or Regional Commercial Center Mtmmum of l O estabhshments on 10 acres of land Center tdenttficatton stgn allowed to be 150 square feet per face Community or Regional Commercial Center Reduce to a maxtmum of 1 O0 square feet per face Housekeeping Dejqnlttons No stgn shall be placed wtthtn 50feet of an adjotntng lot hne where that adjoining lot ts zoned for restdenttal or apartment use Clartficatton of language and other mmor potnts Karen Lasley shall contact Scenic Virginia to present tnformatton relattve stgns Karen chstrtbuted the Annual Report on the removal of nonconforming signs and mtroduced Kevtn Hersberger, Zontng Inspector He advtsed stnce March 2000, the Zontng Dtvtston has been tnstrumental tn the removal of 38 nonconformmg stgns of whtch two were btllboards Detatled records have been kept smce May 1991 &nce that time a total of 338 nonconforming stgns have been removed &nce September 1986, when the present stgn ordtnance was adopted, at least 18 btllboards have been removed from the Ctty At this trine, we have legal procee&ngs pen&ng agatnst five billboards and action betng prepared on three more btllboards Asststant Ctty Attorney Kay Wtlson has filed an tnjunctton to escrow Adams Outdoor Adverttstng tncome from some of these btllboards tn an effort to try to keep them from conttnutng these cases on for the next ten years The staff requested Ctty Council advtse relattve abandoned stgns whtch are allowed to stt for approxtmately two years before thetr removal can be required as an "abandoned" stgn Thts usually affects approxtmately 12 stgns peryear Assistant Ctty Attorney Macah advtsed there ts a two year requtrement under the State Code State Law overrtdes local law Karen advtsed relattve landscape enforcement a Zoning Inspector I and Planner H was hired All Zoning Inspectors are betng gtven landscape enforcement tratntng The Planner H will be an ongotng resource for the Inspectors Curtis Williams is the new Zoning Inspector I and an excellent employee wtth a Bachelor Degree tn Urban Planntng He has ntne years expertence tn zontng enforcement, revtewtng landscape plans and performtng landscape tnspecttons Kathy Whitehurst (Certified Landscape Designer, Nurseryman and Master Gardner) was hired as Planner II. She previously worked for the Cttyfrom 1988 to 199 7 as a Landscape Inspector She left the Ctty to complete her Bachelors Degree and went on to obtatn her Masters tn Pubhc Admtntstratton Kathy has tratned the Zontng Inspectors to perform landscape enforcement Fatth Chrtstte, Planner and Chatr- Landscape Ordtnance Revtston Commtttee, advtsed the Commtttee was tasked wtth revtewtng the landscape gutdes for errors and outdated tnformatton Mrs Chrtstte advtsed the three guides cover commerctal projects, buffertng between uses and street frontage trees and subdtvtstons The Commtttee examined on-gotng problems whtch extsted wtth tmplementatton of certatn secttons of the landscape ordtnance provtstons Soluttons were suggested danuary 23, 2001 CITY -8- MANAGER'S BRIEFING LANDSCAPE AND SIGN ZONING ORDINANCE ITEM # 47630 (Continued) Inadequate Standards Increased planttng areas to match CZO setback requtrement Category IV screentng - 10 to 15-foot bed Gutdehnes changed to recommend 15feet tn keeptng wtth requtred setback Category I screenmg requtred for outstde offence adjacent to a street The CZO has a 5-foot setback for certatn fences adjacent to a street .4 hst of shrubs that will grow tn a 5-foot planttng bed was added ,4dded a hst of shrubs that wtll grown tn a 5-foot planttng bed Added addtttonal plant species to the recommended plant hsts and adjusted spacing recommendattons Included plants that make good buffers and grow well tn unhmtted planttng areas Included salt tolerant plants for waterfront areas Included recommended plants for shady areas Included recommended plants for sunny areas Included salt tolerant plantsfor waterfront areas Included recommended plants for shady areas Included recommended plants for sunny areas All three landscape guides have been combined into one user-friendly format with tllustrattons added Karen dtsplayed photographs of outstandtng tssues whtch have not been resolved Ctty Counctl Members comphmented Karen on her dedtcatton and superb performance as a ctty employee and congratulated her on her promotton to Zontng Administrator January 23, 2001 -9- CITY MANAGER'S BRIEFING RED WING GOLF COURSE/PARKS AND RECREATION COMMISSION REPORT 5:10 P.M. ITEM # 4 7631 Sara Hensley, Dtrector- Parks and Recreatton, tntroduced members of the Parks and Recreation Commtsston tn attendance Chatr Ltlhe R Gilbert and Ntcholas F A nota Ms Hensley advtsed on November 7, 2000, the Parks and Recreatton Commtsston reported to Ctty Counctl concerntng thetr evaluation of the proposal prepared by Arthur Htll and Assoctates for the renovation and expansion of Red Wing Lake Municipal Golf Course Because of the senstttvtty of thts project, the Commtsston would hke to tnvesttgate the feastbthty of theprtvate sectorprovtdtng renovattons, posstble expanston and operatton of the Red Wtng Lake Golf Course The Commtsston would hke to sohctt tnvttattons for btd Sara referenced the Ctty Manager's letter tn response Parks and Recreatton would revtew the scope of work and the requirements Parks and Recreatton would be out of the "loop" However, other members would be represented from the Ctty Department of Management Servtces, Ftnance, outside tndtvtduals and two representattves of the Parks and Recreatton Commtsston Thts would entatl approxtmately 90 to 120 days to sohctt Requests for Proposals and then return to City Counctl wtth a recommendation Currently the green fees are approxtmately $31 O0 at Red Wtng, however, these fees must be ratsed The Ctty Counctl wtll have an opportumty to review the RFP before tt ts sohctted The procedures mvolved tn the formatton of the Lake Rtdge RFP should be addressed as an example andperhaps utthze some of these procedures January 23, 2001 -lO- AGENDA RE VIEW SESSION 5:18 P.M. ITEM # 4 7632 J3 Resolutton to ENDORSE the apphcatton to the Commonwealth Transportatton Board for federal transportatton enhancement funds re a Ferry Plantatton House restoration - Phase I b Pungo Ferry Lan&ng property acqutsttton for pubhc use c Cape Henry Extenston Multt-Purpose Tratl Andy Frtedman, Dtrector- Houstng and Netghborhood Preservatton, advtsed the Federal Transportatton Enhancement Program ts a category of fundmg (80%federal, 20% match) whtch offers an opportuntty for untque and creattve acttons to tntegrate transportatton tnto communtttes and the natural envtronment The 20% match would be dertved from local ctty dollars ITEM # 4 7633 J4 Resolutton to ADOPT "Gutdehnes for Evaluatton of Investment Partnershtps for Economtc Development", and, uttltze thepohcy when evaluattng potenttal investment partnerships The Ctty Manager dtstrtbuted tnformatton relattve hts recommendatton The City Manager recommended the Gmdehnes be a City Council Policy rather than an Administrative Directive Thts was mtsprtnted tn the Ctty Council Agenda Thts Resolutton would requtre the creatton of an Investment Partnership Advisory Committee There should not be any addtttonal cost entailed The City Manager advtsed the partnershtps that have been accomphshed would be revtewed, as wtth the Bond package, and a report provtded on an annual basts relattve the results achteved wtth the investment partnerships. Thts Resolution shall be DEFERRED, B Y CONSENT, unttl the Ctty Counctl Sesston ITEM # 47634 JlO Or&nance to TRANSF.'£R APPROPRIATE $250,000 from E- 911Commumcattons Special Revenue Fund to Pubhc Safety Emergency Communtcattons re intelligent workstations to comply wtth the Amertcans Wtth Dtsabthttes Act (TDD) The Ctty Attorney dtstrtbuted a revtsed Ordtnance nottng correctton APPROPRIATE rather than TRANSFER. ITEM # 4 7635 Jll Ordinance to authortze a temporary encroachment tnto a portton of the rtght-of-way known as 22"a Street by ROCKETENTERPRISES LLC (DISTRICT6- BEA CH) Thts ttem will be dtscussed during CLOSED SESSION ITEM # 4 7636 BY CONSENSUS, the followtng shall compose the CONSENT AGENDA: RES OL UTIONS/ORDINANCES d l Resolutton to support legtslatton destgnattng M. E. COX CENTER FOR ELDERL YDA Y CARE, INC. EXEMPT re real and personal property taxation January23, 2001 J2 J3 -11- AGENDA RE VIEW SESSION ITEM # 47636 (Continued) Resolutton re issuance of the Development Authority's Industrial Development Revenue Bonds: LtfeNet Not to exceed $13 5-Mtlhon Resolutton to ENDORSE the apphcatton to the Commonwealth Transportatton Board for federal transportation enhancement funds re Ferry Plantatton House restoratton- Phase I Pungo Ferry Landtng property acqutsttton for pubhc use Cape Henry Extension Multt-Purpose Tratl Resolutton to ADOPT "Gutdehnes for Evaluation of Investment Partnerships for Economtc Development", and, utthze the pohcy when evaluating potential investment partnerships J5 Ordtnance to ACCEPT and APPROPRIATE a $68,169 grant from the Vtrgtnta Department of Crtmtnal `1usttce Servtces to the FY 2000-01 operattng budget of the Pohce Department re enhanced services to the domestic violence unit. ,16 Ordinance to ACCEPT and APPROPRIATE $6,836from the Commonwealth of Vtrgtnta "Two-for-Ltfe" program to the FY 2000-01 operattng budget of the Emergency Medtcal Servtces (EMS) re purchasing defibrillators. .17 Ordtnance to ACCEPT and APPROPRIATE a $5,000 grant from the Vtrgtnta Commtsston for the Arts to the FY 2000-01 operattng budget of the Department of Museums and Cultural Arts re local art activities and projects .18 Ordinance to AMEND [3ra Amendment] the Landfill Gas (LFG) Agreement repayment of royalttes, improving extsttng well field, consent to asstgnment of certatn rtghts and obhgattons, and, authortze the Ctty Manager to execute the necessary documents .19 Ordtnance to TRANSFER $1,173,000 FY 2000-01 School Capttal Improvement Funds (CIP) a Elementary school securtty cameras b Replacement of telephones c Infrastructure improvements, mtddle school language labs d Repatr and matntenance projects e Custodtal equtpment replacements JlO Or&nance to ~ APPROPRIATE $250, O00 from E- 911Commumcattons Spectal Revenue Fund to Pubhc Safety Emergency Communtcattons re intelligent workstations to comply wtth the Amertcans Wtth Dtsabthttes Act (TDD) .111 Refunds a Ltcenses $12,684 39 b Tax $ 4,442 39 $550,000 $300,000 $ 73,000 $220,000 $ 30,000 Item J 4 wtll be DEFERRED, B Y CONSENT Item J 10 wtll be ADOPTED, AS REVISED, B Y CONSENT `1anuary 23, 2001 - 12- AGENDA RE VIEW SESSION ITEM # 4 763 7 K 5 Apphcatton ofSNYDER'S RV (Darts Corner Motors, Inc) for a Con&ttonal Use Permtt for motor vehtcle sales and rentals (R Vsales) on the east of Newtown Road, north of Vtrgmta Beach Boulevard (4 70 Newtown Road), contatntng 1 305 acres (DISTRICT 2 - KEMPSVILLE) Mr Scott advtsed Counctl Lady Eure the fence problem has been resolved ITEM # 4 7638 K 6 Apphcatton of DEPARTMENT of MENTAL HEALTH, MENTAL RETARDATION and SUBSTANCE ABUSE SERVICES (MHMRSA)for a Con&ttonal Use Permtt for a group home (recovery center) on the west stde of Btrdneck Road, north of Amertcus Avenue (411 Btrdneck Ctrcle), containing 8 3 acres (DISTRICT 6- BEACH) Counctlman Branch advtsed recetpt of correspondence and 'phone call Tom Musumeet, Chair - Seabrtdge Square Ctvtc Assoctatton Mr Musumeet wants to bmd future Ctty Councds from betng able to make any amendments to the Condtttonal Use Permtt tn terms of the number of tndtvtduals thts home mtght serve As hts request cannot be legally accommodated, thts ttem wtll be placed on the Consent Agenda ITEM # 47639 BY CONSENSUS, the followtng shall compose the Planmng By Consent Agenda K1 App hcatton of COMMERCIAL INVES TMENT PR OPER TIES, L.L.C. for an AMENDMENT to the Green Run Land Use Plan to allow fuel sales (six gasohne pumps) tn conjunctton with a conventence store at the southwest tntersectton of Buckner Boulevard and S Rosemont Road, contamtng 1 6 acres (PRINCESS ANNE - DISTRICT 7) K 2 RECONSIDERATION Apphcattons of CHECKERED FLAG MOTOR CAR CO., on the west stde of North Lynnhaven Road, south of Vtrgtnta Beach Boulevard (263 and 267 North Lynnhaven Road), contatntng 40, 075 square feet (DISTRICT 3 ROSE HALL) Change of Zomng Dtstrtct Classtficatton from R-lO Restdenttal Dtstrtct and B-2 Communt~ Bustness Dtstrtct to Conchttonal B-2 Communtt_¥ Busmess Dtstrtct 2 Conditional Use Permttfor motor vehicle sales (expanston) K3 Apphcatton of SAIR ENTERPRISES, INC., for a Condtttonal Use Permtt for an automobtle servtce station tn conjunctton wtth a conventence store, automottve repatr and storage at the northwest corner of "South Lynnhaven Road and Sthna Drtve (3096 South Lynnhaven Road), contatnmg 41,599 8 square feet (DISTRICT 3 - ROSE HALL) K4 Apphcatton of GREATER SAINT ANDREWS A.M.E. CHURCH for a Condtttonal Use Permtt for a church addttton on property located on the east stde of MacDonald Road, south of Townsend Drtve (3008 MacDonald Road), contatnmg 1 acre (DISTRICT 1 - CENTER VILLE) K5 Apphcatton of SNYDER'S R V (Davts Corner Motors, Inc ) for a Con&ttonal Use Permtt_for motor vehtcle sales and rentals (R V sales) on the east of Newtown Road, north of Vtrgtma Beach Boulevard (470 Newtown Road), contatntng 1 305 acres (DISTRICT 2 - KEMPSVILLE) January 23, 2001 -13- AGENDA RE VIEW SESSION ITEM # 4 7639 (Continued) K 6 Apphcatton of DEPARTMENT of MENTAL HEALTH, MENTAL RETARDATION and SUBSTANCE ABUSE SERVICES (MHMRSA)for a Condtttonal Use Permtt _for a group home (recovery center) on the west stde of Btrdneck Road, north of Amertcus Avenue (411 Btrdneck Ctrcle), containing 8 3 acres (DISTRICT 6- BEACH) K7 Apphcattons o fL UCOR, INC.,for a Condttzonal Use Permit for an automottve servtce center (Jtffy Lube) at the northeast tntersectton of Vtrgtnta Beach Boulevard and Old Vtrgtnta Beach Boulevard (3292 Vtrgtnta Beach Boulevard), contatntng 17,380 44 square feet (DISTRICT 5 - L YNNHA VEN) K8 Apphcatton of BETTY M. SUNDIN for a Change o_f Zomng Dtstrtct Classtficatton from 0-2 Of_rice Dtstrtct to Condtttonal B- 2 Commumt¥ Business Dtstrtct on the south stde of Lasktn Road, east of Freemac Drtve (1385 Lasktn Road), contammg 20,500 square feet (DISTRICT S - L YNNHA VEN) K9 Ordtnance to AMEND 3q~ 203 and 230 of the Ctty Zonmg Or&nance (CZO) to revtse the requtrements of off-street vehicular parking for churches tn shopptng centers and to clar~v such requirements for uses permitted pursuant to a Condtttonal Use Permtt Item K 1 wtll be DEFERRED INDEFINITEL Y, BY CONSENT. Item K 2 wtll be WITHDRAWN, BY CONSENT Item K 3 wtll be DEFERRED, BY CONSENT, unttl the City Counctl Sesston of February 13, 2001 January 23, 2001 14- CITY COUNCIL COMMENTS 12:21 P.M. ITEM # 4 7640 Counctl Lady Wtlson advtsed January was Reading Month for the Schools She referenced Mrs Whtte's class, at Glenwood Elementary, who were very attenttve during her readtng and asked excellent questtons They wtll be watchtng this Ctty Counctl Session of January 23, 2001 ITEM # 4 7641 Counctl Lady Wtlson referenced the death of Richard Hassell, a generous and caring mdtvtdual whose charttable endeavors will be long remembered J P Godsey, Vtce Prestdent of Investments - Ferrts, Baker and Watts, Joe Hoppel (WCMS) and Joe Flanagan (CHANNEL 13) are estabhshmg the Richard Hassell Foundation tn conjunctton wtth Towne Bank Mr Godsey's phone number ts (757) 412-4614 for any tnqutres Donattons can be forwarded tn care of Towne Bank, 984 Ftrst Colontal Road, Vtrgtnta Beach, Vtrgtnta 23454 Mayor Oberndorf advtsed a PROCLAMATION tn Memory of Richard Hassell wtll be tssued ITEM # 4 7642 Counctl Lady Henley referenced the passtng of former Counctl Member Donald W Merrtck, Lynnhaven Borough (1978 - 1981) He will be mtssed by all ITEM # 4 7643 Councd Lady Parker referenced vartous legtslattve tssues Counctl Lady Parker recetved calls of concern relattve Delegate Wardrup's Btlls concerntng Btllboards The Ctty Manager dtstrtbuted a Status Report of the Vtrgtnta Beach 2001 Legtslattve Issues Robert Matthtas, Asststant to the Ctty Manager, shall provtde by Frtday, January 26, 2001, hts assessment of areas whtch Ctty Counctl mtght be concerned The Counctl Members can provtde thetr comments Ctty staff shall also provtde feedback ITEM # 4 7644 Last week, Mayor Oberndorf advtsed durtng the US Conference of Mayors, she attended an all day conference on fast ratl and had an opportuntty to meet wtth the tndtvtduals who created and operated the Acela Tratn (AmTrac), an example of raptd transtt The members were taken from Washtngton to Balttmore and back wtth tncredtble speed (approxtmately ~ hour) Thts ts not as smooth as the "bullet tram" tn Japan It ts on a regular road bed Beauttful cars and upscale dmmg facthttes are avatlable ITEM # 4 7645 The Ctty Manager requested gutdance relattve the Pubhc Meettngs concerntng major projects The Ctty Manger dtstrtbuted a memorandum from Steven T Thompson, Chtef Ftnanctal Officer, wtth the proposed adverttsements attached A sertes of tnformattonal Open Houses onproposed majorprojects and two Pubhc Comment Meettngs have been scheduled by the Ctty durtng the next two weeks January23, 2001 - 15- CITY COUNCIL COMMENTS ITEM # 4 7645 (Continued) VMSM Open House and Presentations Saturday January 2 7 1-5 PM Sunday January 28 1-5 PM Wednesday January 31 3-5 PM Thursday February 1 7-9 PM Balance of Major Projects Rehearsal Hall- Pavilion Convention Center Wednesday January 31 2-4 PM 6-9PM Thursday February 1 6-9 PM PUBLIC COMMENT MEETINGS Green Run High School Virginia Marine Science Museum Phase III Expansion Wednesday February 7 6-9 PM Balance of Major Projects (Pavilion, Open Space, Drainage and Sanitary Sewer Improvements) Wednesday February 8 6-9 PM Ctty Counctl wtshed the Pubhc Comment to commence at 6 O0 P M rather than 7 O0 P M January23, 2001 -16- ITEM # 4 7646 Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BE,ICH CITY COUNCIL tn the Ctty Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, January 23, 2001, at 5 42 PM Counctl Members Present Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Absent None January23, 2001 -17- ITEM # 4 764 7 Mayor Oberndorf entertatned a morton to permtt Ctty Counctl to conduct its CLOSED SESSION, pursuant to Section 2 1-344(A), Code of Vtrgmta, as amended, for the followmg purpose PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the acqutsttton of real property for a pubhc purpose, or of the dtsposttton of pubhcly-held real property, where dtscusston tn an open meetmg would adversely affect the bargatntng positron or negottattng strategy of the pubhc body pursuant to Sectton 2 1-344(A)(3) To- Wtt Stumpy Lake LEGAL MATTERS Consultatton wtth legal counsel or brtefings by staff members, consultants, or attorneys pertatntng to actual or probable httgatton, or other spectfic legal matters requtrtng the provtston of legal advice by c. ounsel pursuant to Section 2 1-344(A)(7) To- Wtt Contractual Issues - Sportsplex Internattonal Faintly Entertatnment, Inc v Ctty of Vtrgtnta Beach Ferrell Parkway/Lotus Creek Legal Issues Ctty of Vtrgtnta Beach v Luna Sea, Inc Upon motton by Vtce Mayor Sessoms, seconded by Councilman Jones, Ctty Council voted to proceed mto CLOSED SESSION. Voting 11-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, dr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None (Time of Closed Session: 5:43 P.M. to 6:15 P.M.) January 23, 2001 18- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL January 23, 2001 6:18 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Council Chamber, Ctty Hall Butldtng, on Tuesday, January 23, 2001, at 6 I8 P M Counctl Members Present Ltnwood 0 Branch, III, Margaret L Eure, Wdham ~ Harrtson, dr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, dr Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wtlham D Sessoms, dr and Rosemary ~tlson Council Members Absent None INVOCATION Reverend Jay Smtth Ftrst Bapttst Baystde Bapttst Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA January23, 2001 Item V-E. - 19- CER TIFICA TION OF CLOSED SESSION ITEM # 4 7648 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Jones, Ctty Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc bustness matters lawfully exempted from Open Meeting requtrements by Vtrgtnta law were dtscussed tn Closed Sesston to whtch this certtficatton resolutton apphes, AND, Only such pubhc bustness matters as were tdenttfied tn the motton convening the Closed Sesston were heard, chscussed or constdered by Vtrgmta Beach Ctty Counctl Vottng 11-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, .Ir Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None January 23, 2001 CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The V~rglma Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded m ITEM # 47647, Page 17, and m 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 m 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 pubhc 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. J?d~h Hodges S~ith, MMC City Clerk January 23, 2001 - 20- Item V-F. 1. MINUTES ITEM # 4 7649 Upon motton by Councd Lady Parker, seconded by Counctl Lady Wtlson, Ctty Counctl APPROVED the Mtnutes of the INFORMAL AND FORMAL SESSIONS of January 9, 2001. Vottng I I-0 Counctl Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wdson Counctl Members Vottng Nay None Councd Members Absent None January23, 2001 - 21 - Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM # 4 7650 BY CONSENSUS, City Counctl ADOPTED: AGENDA FOR THE FORMAL SESSION January 23, 2001 - 22 - Item V-H. 1 IN MEMORIAM ITEM # 4 7651 Mayor Meyera E Oberndorf and Councd Members extended deepest sympathy to the family of former Council Member Donald Ft. Merrick, who represented the Lynnhaven Borough, and served from July 1, 1978 to May 18, 1981 He wtll be mtssed by all Mayor Oberndorf was also acquatnted wtth Donald Merrtck prtor to Ctty Council as he was the Plant Manager at the Norfolk Ford Truck Assembly Plant, for whom her husband was employed He was respected and admtred for hts business acumen Mayor Oberndorf remembered when she recetved a nattonal recogmtton and Mr and Mrs Merrtck accompanted her and Roger to Detrott, Mtchtgan, to recetve the award Mr Merrtck was comfortable wtth both hts "men on the hne", as well as the executtves January23, 2001 Item V-H. 2. - 23 - PRESENTATION ITEM # 47652 Mayor Oberndorf PROCLAIMED: JANUARY 2001 THE HONORABLE OWEN B. PICKETT MONTH Ctty Counctl recogmzed Congressman Ptckett's long years of servtce to the Ctty of Vtrgtnta Beach, the regton, the Commonwealth and the enttre country Owen Ptckett was educated as an attorney as well as a certtfied pubhc accountant and practtced thts dual trade for many years tn Vtrgtnta Beach He was excepttonally well respected by hts peers, chents and others In 1986, Owen Ptckett was elected to the Congress of the Untted States, representtng all of Vtrgtnta Beach and a portton of Norfolk Durtng hts fourteen years of service tn Congress, he was a key member of the House Armed Services Commtttee and responstble for the matntenance of a strong system of nattonal defense He was always vtgtlant tn matntatntng the mthtary presence tn Hampton Roads through the ascendency of Oceana Naval Att Station as the Master Jet Base for the East Coast, Norfolk Naval Statton as the largest Naval tnstallatton tn the worm and supporttng the many other mthtary tnstallattons tn the regton Owen Ptckett always worked qutetly, but surely, behtnd the scenes to make sure Vtrgtnta Beach recetved fundtng for the Hurrtcane Protectton Program, nourtshment of Sandbrtdge and roads and htghways throughout the regton, such as Interstate 64, the Third Crosstng of Hampton Roads and the Southeastern Parkway Owen B Ptckett rettred from Congress effecttve wtth the end of the 106th Sesston of Congress, totahng twenty-ntne (29) years tn government servtce to the pubhc Mayor Oberndorf presented Congressman Ptckett wtth a token of apprectatton, a portratt of two hghthouses beartng the tnscrtptton "Owen, you are our Guiding Light". January 23, 2001 Owen (B. Picb4tt was educatedas a lawyer anda certifiedpublic accountant and practiced this dual trade for many years in Virginia (Beach and was exceptionally well respectedby his peers, clients, and others; and Whereas: Owen (B. Pickett was elected to the Virginia GeneralAssembly representing Virginia (Beach in 1972 and provided exemplary service in the General Assembly, including a seat on tlte prestigious Appropriations Committee, in wliiclt capacity he was responsible for the first state appropriation to the Virginia Marine Science Museum, andltelpedcreate t~e Community College system; and In 1986 Owen ~'ckett was elected to the Congress of tlte ffjnitedStates, representing allof Virginia (Beach anda portion of Hoocoll~ and during his fourteen years of service in Congress, ~e was a b~y member of tlie 9louse Armedgervices Committee and responsible for tlte maintenance ora strong system of nationaldefense; and Owen was always vigilant in maintaining the mifi'tary presence in 9lampton P~oads through the ascendency of Oceana HavalAirStation as the fl4asterJet (Base for the Bast Coast, HoOcolk Haval Station as the largest Haval installation in tlte worldandsupporting tlle many ot~er military installations in tlie region and tlie numerous private facilities such as ship yards that provide mucll neededservice to tlie military; and Owen (B. Pickett always workedquietly, but surely, beliindtlie scenes to make sure Virginia (Beach received funding for the 9lurricane Protection Program, nourishment of Sandbridge, and roads and highways tliroughout the region, such as Interstate 64, the Third Crossing of 9lampton P~ads and the $ouOieastem Par~oay; and Owen ~. Pic~tt was a£ways ready to provide exemplary constituent service to the thousands of citizens of Hampton Roads who need help on Social Security matters, passports, visas and other znteractions with the q~ederal Government; and Owen ~. Pickett retired from Congress effective with the end of the 106a Session of Congress: How, Therefore, L Meyera B. Oberndorf Mayor of the Oty of Virginia $eacli, Virginia, do hereby Proclaim January 2001 Owen Pickett Month In Virginia $each, andI andalltlie members of Councilwish Owen the best of luckin his after-Congress fife, andI offer on bdialf of allthe citizens of Virginia $eacli and the State the thanb6 of a gratefulpeople. In 5Pi'tness ~4}liereof, I flare l~ereunto set my liandandcausedtlie OfficialSealof tlle City of Virginia $each, Virginia, to be affixedthis Twelfth day of January, Two Thousand-One. Meyem B. Obemdorf Mayor Item V-H. 3. - 24 - PRESENTATION ITEM # 4 7653 Ron Kuhlman, Markettng Director -Conventton and Vtsttor Development, tntroduced Cameron Harper, Chair -Ltghted Boat Parade and Krtsten Webb - Downtown Norfolk Counctl Chart Harper and Ms Webb PRESENTED The Mayor's Cup Norfolk Lighted Boat Parade The Mayor has been tnvolved tn the competttton 6years and has recetved the "Wtnner's Cup" three years Captatn Sktp Feller -Vtrgtnta Beach Ftshtng Center and dim Scully, Operattons Stage Manager - Celler Door were tn attendance Mr Kuhlman tntroduced Barbara Brtnson - Parks and Recreatton/Kempsvtlle Recreatton Center, who presented certtficates and gifts to the "youth leaders tn actton "for thetr parttctpatton These young people were at the dock of the "Ratnbow" and sang thetr hearts out tn the cold wtnd and pourtng ratn January23, 2001 Item V-I. 1. - 25- PUBLIC HEARING ITEM # 47654 Mayor Oberndorf DECLARED a PUBLIC HEARING: NIMMO PARKWAY (formerly FERRELL PARKWA Y) A TWOOD TO WN ROAD. The following spoke in SUPPORT of selling the right-of-way: Fred Greene, 316 Teal Crescent 23450, Phone: 426-6867 Sue Carlyle, Virginia Beach Audubon Society, 1425 Allantown Drive 23454, Phone: 481-2538 Dick Dunleavy. 2220 Sandfiddler Road 23456, Phone: 426-0225 Harry Bybee, President - Sandbridge Civic League, 305 Pompano Lane 22456, Phone' 426- 7228 Tyla Matteson, Conservation Chair- Virginia Chapter, Sierra Club, 3808 Roadview Road, Hampton 23669, Phone: 722-5550 Eve Estes Butts, Executive Director - Back Bay Restoration Foundation, 2724 Blue Bill Drive 23456, Phone: 721-51 O1 John Stasko, Manager - Back Bay National Wildlife Refuge, 909 Dwyer Court 23454, Phone:426-0728 Christy Mills, Research Protection Co-ordinator, Chesapeake Bay Foundatton, 317 W. Bute Street 23510, Phone: 622-1964 Steve Vinson (SA YE), 2965 Lynnhaven Drive 23451, Phone' 496-9065 Sam Collins, Audubon Society, 1081 Downshire Chase 23452, Phone:631-1548 Wilham Pratt, Nature Conservancy, 4495 Paddock Lane 23464, Phone:467-9148 Wynne Rentz, 2580 Atwoodtown Road, 23456, Phone:426-8447. Craig Rentz, 2580 Atwoodtown Road 23456, Phone'426-8447. Gray Puryear, Cape Henry Audubon Soctety, 8009 Galveston Blvd., Norfolk, VA 23505, Phone' 588-8410 Ltlhe Gdbert, 1428 Back Cove Road 23454, Phone' 431-8566 Ltnda Anderson, 308 Sunfish Lane 23456, Phone' 426-5481 Molly Brown, 2232 Sandptper Road 23456, Phone: 721-5011 Sheha Price, 333 Ptke Circle 23456, Phone: 426-2993 John B Gallegos, 2897 Saville Garden Way 23456, Phone'468-0358 Suzanne Baird, Mackay Island NWR PO Box 39, Knotts Island, NC 27950, Phone 429-3100 Duane Coolman, 1812 Coker Court 23464, Phone. 479-1464, Read letter from Reece Lugi Btll Brown, 2232 Sandpiper Road 23456, Phone: 721-5011 Reza Aziztchani, 25 73 Atwoodtown Road 23456, Phone:426-3552 Glenn Tainter, 2140 Kenwood Drive 23454, Phone:427-1929 The following spoke in OPPOSITION to selling right-of-way: Jackie Garrison, 2609 Atwoodtown Road 23456, Phone: 721-6399 Eileen Alexander, 1044 Camino Real South 23456, Phone: 721-0207 Carl Strass, Retired Environmental Attorney, 2828 Bluebill Drive 23456, Phone: 721-3931 Bill Sinclair, 3609 Sandpiper Road 23456, Phone: 721-3537 Mary Jane Edixon, 913 Sonora Ct 23456, Ph'one: 426-5469 Albert McCants, 2932 Wood Duck Drive 23456, Phone. 426-2978 Ben Cohen, Lago Mar Civic League, 889 Los Colonis Drive 23456, Phone: (Cell) 560-6580 Lee Latham, 2617 Atwoodtown Road 23456, Phone'721-6849 Wayne McClanan, 107 Sound Shore Drive 27929, Phone:(252) 232-3534 Megan Rowe, 608 Ocean Lakes Drive 23454, Phone. 426-3053 Jim O'Keeffe, 2325 Sandpiper Road 23456, Phone' 721-3450 Sue Foy, 4235 Charity Neck Road 23457, Phone: 426-7336 Jim Reeve, 1476 Lotus Drive 23456, Phone: 721-1019 Jane Bloodworth Rowe, 608 Ocean Lake Drive 23454, Phone: 426-3053, presented 223 petitions. Faye Ninos. 2400 Entrada Drive 23456, Phone: 721-5513 Gloria Swinney 1449 Lotus Drive 23456, Phone:426-2522 Todd Smith, 1208 Whitestone Wall 23454, Phone. 427-1328 Ruth Wdson, 877 Sandbrtdge Road 23456, Phone: 426-2907 Helen McDonald, 2360 Sandfiddler 23456, Phone:426-6653 Marto Rosales, 1321 Warner Hall Drive 23454, Phone: 427-1596 January23, 2001 - 26- Item V-I. 1. PUBLIC HEARING ITEM # 47654 (Continued) Robert Briggs, 2312 Painters Lane 23456, Phone: 721-4547 Rick Risley, Owner - Chesapeake Land Develop, 3742 Surry Road 23455, Phone:426-6300 John Klemenc, 2112 Flowerdew Court 23454, Phone:427-6355 R. J. Nutter, representing: Mike Zourk; Paul Russo; Bill Sinclair; Neil Pursse; Fred Troyman; Charles Lane;Doug Wilkins, 4425 Corporation Lane 23462, Phone: 687-7514 Charles P. Lane, BBCA, 308 Teal Crescent 23456, Phone: 721-3658 Ann Henley, 3112 Colechester Road 23456 Mark Wawner, 2732 Elson Green Avenue 23456, Phone:426-0733 Maxine C. Graham, 3057 S. Sandptper Road 23456, Phone:721-3000, presented 350 signed petitions There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. January 23, 2001 -27- Item V-L2. PUBLIC HEARING ITEM # 4 7655 Mayor Oberndorf DECLARED A PUBLIC HEARING TAX EXEMPTION: M.E. Cox Center for Elderly Day Care, Inc. There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING January 23, 2001 Item V-I - 28 - RES OL UTIONS/ORDINANCES ITEM # 4 7656 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Harrtson, Cay Counctl APPROVED IN ONE MOTION, Ordmances 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 (AS REVISED) and 12 of the CONSENTAGENDA. Item No 4 was DEFERRED, BY CONSENT Item No 10 was ADOPTED, AS REVISED Item No 11 (ROCKET ENTERPRISES LLC) CONSENSUS (DISTRICT 6-BEACH) was removed from agenda, BY Voting 11-0 Councd Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham ~ Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor ~tlham D Sessoms, Jr and Rosemary Wdson Councd Members Vottng Nay None Councd Members Absent None January 23, 2001 - 29 - Item V-I 1 RES OL UTIONS/ORDINANCES ITEM # 4 7656 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Harrtson, Ctty Counctl ADOPTED: Resolutton to support legtslatton destgnattng M. E. COX CENTER FOR ELDERLY DA Y CARE, INC. EXEMPT re real and personal property taxation Votmg 11-0 (By Consent) Councd Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and Rosemary Wdson Councd Members gottng Nay None Councd Members Absent None January 23, 2001 A RESOLUTION SUPPORTING LEGISLATION WHICH WILL DESIGNATE REAL AND PERSONAL PROPERTY OWNED BY M.E. COX CENTER FOR ELDER DAY CARE, INC., AS BEING EXEMPT FROM STATE AND LOCAL REAL AND PERSONAL PROPERTY TAXATION WHEREAS, M.E. Cox Center for Elder Day Care, Inc., has requested the Council 8 of the C~ty of Virginia Beach to adopt a resolution in support of its request that the General 9 Assembly act in accordance with Article X, § 6(a)(6) of the Constitution of Virglma to designate the 10 real and personal property of the M.E. Cox Center for Elder Day Care, Inc., as being exempt from state and local real and personal property taxation; 12 WHEREAS, M.E. Cox Center for Elder Day Care, Inc., owns no real property in the City of Virginia Beach and thus no such taxes have been assessed in recent years. 14 WHEREAS, M.E. Cox Center for Elder Day Care, Inc., owns personal property in 15 the C~ty of Virginia Beach with an assessed value of $15,548.40 in tax year 2000; taxes on this 16 property are $509.40; 17 WHEREAS, pursuant to § 30-19.04(B) of the Code of Virginia, the Council of the City of Virginia Beach has properly advertised and conducted a public hearing prior to the adoption q 9 of this resolution, giving all citizens an opportunity to be heard; 20 WHEREAS, the provisions of § 30-19.04(B) of the Code of V~rg~nia have been 21 examined and considered by the Council of the City of Virginia Beach; and 22 WHEREAS, the Council of the City of Virginia Beach is of the op~mon that M.E. 2 3 Cox Center for Elder Day Care, Inc., should be designated as a benevolent organization within the 2 4 context of § 6(a)(6) of Article X of the Constitution of Virginia and that real and personal property 2 5 located in the City of Virginia Beach owned by M.E. Cox Center for Elder Day Care, Inc., and used 2 6 by it exclusively for benevolent purposes on a nonprofit basis should be exempt from state and local 2 7 real and personal property taxation. 28 29 NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 30 That the Council of the City of Virginia Beach, Virginia hereby supports the 31 enactment of legislation designating M.E. Cox Center for Elder Day Care, Inc., as a benevolent 32 organization within the context of § 6(a)(6) of Article X of the Constitution of Virginia and 3 3 exempting from state and local property taxation all real and personal property owned by M.E. Cox 34 Center for Elder Day Care, Inc., that is located within the City of Virginia Beach and used 3 5 exclusively for benevolent purposes on a nonprofit basis. 36 37 Adopted by the Council of the C~ty of Virginia Beach, Virginia, on the 23 day of January 2001 ., · CA7942 F:XDataL~kTY~Ordin~qONCODELM.E. Cox Center.res.wpd January 16, 2001 R-3 APPROVED AS TO LEGAL SUFFICIENCY: /~ty Attorney's - ' - 30- Item V-I 2 RES OL UTIONS/ORDINANCES ITEM # 4 765 7 Upon motton by Vice Mayor Sessoms, seconded by Councdman Harrtson, Ctty Councd ADOPTED: Resolution re issuance of the Development Authority's Industrial Development Revenue Bonds: LtfeNet Not to exceed $13 5-Mdhon Vottng 11-0 (By Consent) Councd Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and Rosemary Wdson Councd Members Vottng Nay None Councd Members Absent None January23, 2001 RESOLUTION APPROVING THE ISSUANCE OF REVENUE BONDS FOR LIFENET WHEREAS, the lntemal Revenue Code of 1986, as amended (the "Tax Code"), provides that the highest elected governmental officials of the governmental umts having jurisdiction over the ~ssue of private actiwty bonds and over the area In which any facility financed with the proceeds of private act~mty bonds ~s located shall approve the issuance of such bonds; and WHEREAS, the C~ty of V~rglma Beach Development Authority (the "Authority") ~ssues ~ts bonds on behalf of the City of V~rginta Beach, V~rg~nia (the "C~ty") and the members of the C~ty Council of the C~ty (the "Council") constitute the lughest elected governmental officials of the C~ty; and WHEREAS, Section 15.2-4906 of the Code of V~rginla of 1950, as amended (the "V~rgm~a Code"), provides that the Councd shall w~thin 60 calendar days from the date of the pubhc hearing w~th respect to ~ndustnal development revenue bonds either approve or disapprove the issuance of such bonds; and WHEREAS, the C~ty of Virginia Beach Development Authority (the "Authority') held a pubhc heanng on December 19, 2000 w~th respect to the application of LifeNet (the "Company") for the ~ssuance of the Authorlty's ~ndustrial development revenue bonds in the amount now estimated at $13,500,000.00 (the "Bonds") to assist the Company in finanmng (A) the acqms~tion of an apprommately 1.0636 acre parcel of land and a 14,160+/- square foot braiding thereon located at 5721 Thurston Avenue, V~rg~nia Beach, Virglma 23455, and (B) the development, construction and eqmppmg of an additional office, administration and t~ssue bank processing famhty contmnmg approximately 90,000 +/- square feet to be located on Bay Side Road, V~rg~ma Beach, V~rginia, a/k/a Parcel 9-A, City of Virginia Beach Airport Industrial Park (collectively, the "Project"), and WHEREAS, following the pubhc heanng held December 19, 2000, the Authority approved the ~ssuance of the Bonds in an amount now estimated at $13,500,000 for the benefit of the Company to finance the ProJect; and WHEREAS, the Authority has favorably considered the Company's apphcation and a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed on, a reasonably detailed summary of the comments expressed at the pubhc hearing with respect to the Bonds and a statement ~n the form prescribed by Section 15.2-4907 of the Virg~ma Code have been filed w~th the Council, together with the Authority's recommendation that the Councd approve the issuance of the Bonds; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1 The recitals made in the preambles to this Resolution are hereby adopted as a part of th~s Resolution. 2. The C~ty Council approves the issuance of the Bonds by the Authority to assist ~n the financing of the Project for the benefit of the Company to the extent of and as reqmred by Section 147(f)(2) of the Tax Code and Section 15.2-4906 of the Virginia Code. The approval of the ~ssuance of the Bonds, as required by Section 147(0(2) of the Tax Code and Section 15.2-4906 of the V~rg~nia Code, does not constitute an endorsement of the Bonds or the cred~tworthiness of the Company, but, as required by Section 15.2-4909 of the Virginia Code, the Bonds shall promde that neither the C~ty nor the Authority shall be obligated to pay the Bonds or the ~nterest thereon or other costs incident thereto except from the revenues and monies pledged therefor and neither the froth, credit nor taxing power of the o Commonwealth of V~rg~nia, the City or the Authority shall be pledged thereto. In adopting th~s Resolution, the City, including its elected representatives, officers, employees and agents shall not be liable and hereby disclaims all hability for any damages to any person, direct or consequential, resulting from the Authorlty's fmlure to ~ssue the Bonds for any reason. 4. This Resolution shall take effect immediately on its adoption. Adopted by a quorum of the Council of the City of Virginia Beach, Virgima, on January 23, 2001. 60085035/Council Resolunon k~Skl~ k klkk~YCITY ATI'ORNEY City of Virginia MUNICIPAL CENTER BUILDING 1 240~ COURTHOUSE DRIVE VIRGINIA B, EACH VA 23456-9004 (757) 427 4531 FAX (757) 426 5687 TDD (757) 427-4305 December 19, 2000 The Honorable Meyera E. Obemdorf, Mayor Members of C~ty Council Municipal Center V~rg~ma Beach, VA 23456 Re: LtfeNet Industrial Development Revenue Bonds Dear Mayor Obemdorf and Members of City Council' We submit the following in connection wtth project LffeNet located at 5721 Thurston Avenue in the c~ty of Vlrglma Beach, V~rg~ma. (1) Ewdence of publication of the not~ce of hearing ~s attached as Exhibff A , and a summary of the statements made at the pubhc hearing is attached as Exhibit B. The C~ty of Virginia Beach Development Authorlty's (the "Authority") resolutmn recommending Council's approval is attached as Exhibit C. (2) The D~sclosure Statement ~s attached as Exhibit D (3) The statement of the Authonty's reasons for its approval as a benefit for the City of V~rglma Beach and ~ts recommendation that C~ty Council approve the modification of the bonds described above ~s attached as Exhibit E (4) The Fiscal Impact Statement ~s attached as Exhibit F t'roud Rectptent of the 1998 U S Senate Medalhon of Excellence fi)r Producttvtty and (2uahty tn the Pubhc Sector The Honorable Meyera E. Obemdorf, Mayor Members of C~ty Councd December 19, 2000 Page 2 (5) Attached as Exhibit G ~s 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, RGJ/GLF/mlg Enclosures EXHIBIT A THE VIRGINIAN-PILOT NORFOLK, VIRGINIA AFFIDAVIT OF PUBLICATION The Virglnlan-Pzlot WILLIAMS, MULLEN, CL ONE COLUMBUS CENTER DOBBINS, P C , Ste 900 VIRGINIA BEACH, VA 23462 REFERENCE 00028104 741440 NOTICE OF PUBLIC HEA State of Virginia City of Norfolk This day, D Johnson personally appeared before me and after being duly sworn, made oath that 1) She zs affldavzt clerk of The Virginian-Pilot, a newspaper published by Landmark Communications Inc , zn the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and Virginia Beach, State of Virginia 2) That the advertisement hereto annexed has been published ~n sa~d newspaper on the date stated PUBLISHED ON 12/05 12/12 TOTAL COST 396 80 AD SPACE 64 LINE NOTICE OF PUBLIC HEARING ON PROPOSED REVENUE BOND FINANCING OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Notme is herebv g~ven that the City of V~rglma Beach Development Authority (the ' Authority ) whose address Is Suite 300 One Columbus ,Center Virgm~a Beach Virgima wTII hold a public hearing at 8 30 a m ion Tuesday December 19 2000 on Ihe Apphcatton and Plan of 'Financing of bfeNet (the "Company ), for the ~ssuance of the Author;ty s Revenue Bonds pursuant to Chapter 643 of the Acts of Assembly of 1964 as amended and supplemented by the Industrial 1Development and Revenue Bond Act T~tle 15 2 Chapter 49 of the ~Code of V~rgm~a of 1_950, as amended (the Act ) m an amount not to 'exceed $13 500 000 to assist the Company ~n fmancmg (A) the acqu~ s~tion of an approxmlately 1 0636 acre parcel of land and a 14 160+/ square foot bufldmg thereon located at 5721 Thurston Avenue V~r g~ma Beach V~rgm~a 23455, and (B) the development constructmn and equ~ppmg of an addlbonal office, admmlstrat~on and tissue bank processing factory containing approximately 90 000 +/ square feet to be located on Bay S~de Road Vlrgmla Beach Virgule, a/k/a Parcel 9 A City of V~rgmia Beach Airport Industrial Park (collectwely the "Project ) As required by the Act the 8onds wdl not pledge the credit or taxmg power of the City of Virginia Beach, Vlrgm~a or the Authority ~ but wdl be payable solely from revenues derived from the Company end pledges of those revenues Any persons ~nterested In the issu ance of the Bonds or the location or nature of the proposed Pro)act Imay appear and be heard A copy of the Company's apphcat,on ts on lille and ~s open for mspectmn at the Autho[~ty's office durmg busmess Ihours Oty of V~rgm~a Beach Oeveloprnent Authority ~ VP December 5 and December 12 2000 FILED ON 12/15/%9' -~ t .............. + .......................... Legal Affiant ,, Subscrmbed and swp~rn to b/fo~e in my cmty and state on the day and year afores~i, thls, ~' ' day of ~_-~--~ ~G,~.' ~_____~ Notar x~ x . c~.y commission expires January 31, 2004 NOTICE OF PUBLIC HEARING ON PROPOSED REVENUE BOND FINANCING OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Not~ce is hereby given that the City of Vlrglma Beach Development Authority (the "Authority") whose address is Suite 300, One Columbus Center, V~rglma Beach, Virginia, will hold a public heanng at 8'30 a.m. on Tuesday, December 19, 2000, on the Application and Plan of F~nanclng of L~feNet (the "Company"), for the issuance of the Authority's Revenue Bonds pursuant to Chapter 643 of the Acts of Assembly of 1964, as amended and supplemented by the Industrial Development and Revenue Bond Act, Title 15.2, Chapter 49 of the Code of Virginia of 1950, as amended (the "Act"), in an amount not to exceed $13,500,000 to assist the Company in financing (A) the acqms~tlon of an approximately 1.0636 acre parcel of land and a 14,160+/- square foot building thereon located at 5721 Thurston Avenue, Virginia Beach, Virginia 23455, and (B) the development, construction and equipping of an additional office, administration and tissue bank processing faclhty containing approximately 90,000 +/- square feet to be located on Bay Side Road, V~rglma Beach, Virginia, a/k/a Parcel 9-A, City of Virglma Beach Airport Industrial Park (collect~vely, the "ProJect") As required by the Act, the Bonds not pledge the credit or tatung power of the C~ty of Virginia Beach, Vlrg~ma, or the Authority, but will be payable solely from revenues derived from the Company and pledges of those revenues Any persons interested in the issuance of the Bonds or the location or nature of the proposed Project may appear and be heard. A copy of the Company's apphcatlon is on file and is open for ~nspect~on at the Authonty's office during bus~ness hours City of Virginia Beach Development Authority 6OO85035/ //122428 vi - NOTICE OF PUBLIC HEARING 122428 EXHIBIT B CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING ON DECEMBER 19, 2000 (LifeNet Project) The Chair of the City of Virginia Beach Development Authority (the "Authority") announced the commencement of a public hearing on the request of LlfeNet (the "Borrower"), and that a Notice of the Hearing was published once a week for two consecutive weeks in The Vtrglntan-Ptlot, a newspaper having general circulation in the City of Virginia Beach, Virginia (the "City"). Such public heanng was held not less than SlX days and not more than 21 days after the second notice appeared in The Vtrgtntan-Pllot. A copy of the Notice and Certificate of Publlcat~on of such notice have been filed with the records of the City Council of the City of Vlrglnla Beach The following individuals appeared and addressed the Authority at such public hearing' Eric A Hauser, an attorney with Williams, Mullen, Clark & Dobbins, P.C., appeared on behalf of the Borrower Mr Hauser gave a brief description of the proposed financing and explained that the proposed issuance of bonds (the "Bonds") would be used to assist the Borrower in financing (A) the acquisition of an approximately 1 0636 acre parcel of land and a 14,160+/- square foot building thereon located at 5721 Thurston Avenue, Virginia Beach, Virginia 23455, and (B) the development, construction and equipping of an additional office, administration and tissue bank processing facility contaimng approximately 90,000 +/- square feet to be located on Bay Side Road, Virginia Beach, Vlrg~ma, a/k/a Parcel 9-A, City of Virginia Beach Airport Industrial Park (collectively, the "Project"). Mr. Hauser outlined certain benefits lnunng to the City and its citizens, including providing for the growing demand for tissue and organ transplants, an estimated construction payroll of $1,700,000, apprommately 100 construction jobs, approximately $32,444 ~n budding penmt and other municipal fees prod to the City, with 200 estimated regular employees on a year round bas~s with a total annual payroll of apprommately $7,775,000, approximately $2,000,000 of construction material purchased w~thm the C~ty dunng construction, approximately $2,500,000 of goods and services purchased per year from V~rglma companies w~th~n the locality during operation of the Faclhty, and approximately $2.500,000 of goods and services purchased per year from non-Virginia companies within the locality during the operation of the Facility Using present tax tables, annual real estate taxes payable to the City are estimated to be $150,000 and annual personal property taxes are estimated to be $8,500 In addition, Mr Hauser further noted that all necessary zoning permits and approvals have been obtained Raymond T St John, %ce President and Secretary of Borrower, also appeared and made brief comments further h~ghl~ghtlng the pmnts made by Mr Hauser, as outhned above, and answered specific questions raised by members of the Authority hearing. No other persons appeared to address the Authority, and the Chmr closed the pubhc The Authority hereby recommends that the City Counml of the City of Vlrgima Beach, Virginia approve the ~ssuance of up to $13,500,000 of Industrial development revenue bonds in support of the proposed financing and hereby transmits the Fiscal Impact Statement to the City Council of the City of%rglma Beach and asks that th~s recommendation be received at its next regular meeting at which this matter can be properly placed on the Council's agenda for hearing 60085 035/Recmd of Public I lcanng EXHIBIT C RESOLUTION OF CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY WHEREAS, LlfeNet, a Virginia non-profit, non-stock and non-member corporation (the "Company"), which is exempt from federal income taxation as a charitable organization pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, has applied to the City of Virginia Beach Development Authority (the "Authority") for assistance in financing (A) the acquisition of an approximately 1 0636 acre parcel of land and a 14,160+/- square foot building thereon located at 5721 Thurston Avenue, Virginia Beach, Virginia, and (B) the development, construction and equipping of an additional office, administration and tissue bank processing facility containing approximately 90,000 +/- square feet to be located on Bayside Road, Virginia Beach, Virginia a/k/a Parcel 9-A, City of Virginia Beach Airport Industrial Park (collectively, the "ProJect"), and WHEREAS, the Company, in its application, discussions and appearance before the Authority has described the benefits of the Project to the City of Virginia Beach, Virginia ("City") and the Authority, and WHEREAS, the Company has requested the Authority to agree to issue its industrial development revenue bonds m the amount now estimated at $13,500,000 00 (the "Bonds") to finance the costs of ProJect, and WHEREAS, the Authority is empowered to issue and sell bonds, lend the proceeds of such bonds, and acquire, own, lease, and dispose of properties, and is vested with all powers necessary to enable it to accomplish 1ts purposes, which purposes and powers are enumerated in Chapter 643 of the Acts of Assembly of 1964, as amended and supplemented by the Industrial Development and Revenue Bond Act, T~tle 15 2, Chapter 49 of the Code of V~rgima of 1950, as amended (the "Act"), and WHEREAS, a public heanng with respect to the ProJect and the ~ssuance of the Bonds has been held on December 19, 2000, as required by Section 147(t) of the Internal Revenue Code of 1986, as amended (the "Code"), and by Sechon 15 2-4906 of the Act NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY THAT 1. The Authority finds that (I) the development, construction, equipping and operation of the ProJect will increase annual employment, stimulate the local economy and increase the tax base, (il) providing financing for the Project will be ~n the public ~nterest and will benefit the Inhabitants of the C~ty and the Commonwealth of Virginia and (111) the Issuance of the Bonds will be consistent with the purposes of the Act and the powers of the Authority. 2 To assist the Company w~th respect to the Project, the Authority agrees to undertake the issuance of the Bonds ~n an amount not to exceed $13,500,000.00 on temps and con&tions to be mutually agreed on between the Authority and the Company. The proceeds from the sale of the Bonds will be loaned to the Company pursuant to a loan agreement and related documents which will provide payments to the Authority sufficient to pay the pnnmpal of and premium, if any, and interest on the Bonds and to pay all other expenses in connection with the maintenance of the ProJect The Bonds will be issued in form and pursuant to terms to be set by the Authority, and the payment of the Bonds shall be secured by, among other collateral, an asslgmnent, for the benefit of the holders of the Bonds, of the Authonty's rights to payments under such loan agreement and may be additionally secured by a deed of trust on the ProJect 3 It having been represented to the Authonty that it is necessary to proceed immediately ~vlth the development, construction and equipping of the ProJect, the Authority hereby agrees that the Company may proceed with plans for the Project, enter into contracts for development, construction and equipping and take such other steps as it may deem appropriate in connection therewith, provided that notlung herein shall be deemed to authorize the Company to obhgate the Authority without its consent in each instance to the payment of any monies or the performance of any acts In connection with the Project The Authority further agrees that the Company may be reimbursed from the proceeds of the Bonds for all lawful costs so incurred by it prior to the adoption of these resolutions 4 The Authority hereby agrees to the recommendation of the Company that Williams, Mullen, Clark & Dobbins, P C, Virginia Beach, Virginia, be appointed as bond counsel and hereby appoints such firm to supervise the proceedings and approve the issuance of the Bonds 5. The Authority hereby agrees, if requested, to accept the recommendation of the Company with respect to the appointment of a placement agent or underwriter for the sale of the Bonds and a remarketlng agent for the remarketlng of the Bonds pursuant to terms to be mutually agreed on 6 All lawful costs and expenses In cormectlon with the financing and the development, construction and equipping of the ProJect, including the fees and expenses of the Authority, counsel for the Authority, bond counsel, the placement agent or underwriter for the sale of the Bonds and the remarketing agent for the remarketlng of the Bonds, shall be paid from the proceeds of the Bonds or by the Company If for any reason such Bonds are not issued, or such Bonds are issued but it is determined that a part or all of such costs are not lawfully payable out of Bond proceeds, it understood that all such expenses shall be paid by the Company and that the Authonty shall have no responsibility therefore 7. In adopting ttus Resolution, the Authority intends to declare "official intent" toward the issuance of the Bonds within the meaning of regulations issued by the Internal Revenue Service pursuant to Sections 103 and 141-150 of the Code, including Section 1.150-2 of such regulations. 8 The Authority hereby recommends that the City Council for the City approve the issuance of the Bonds and hereby d~rects the Chair or Vice-Chair to submit to the City Council for the City the statement ~n the form prescribed by Section 15.2-4907 of the Act, a reasonably detailed summary of the comments expressed at the public heanng required by Section 15.2-4906 of the Act, and a copy of this Resolution. 9 Ttus Resolution will take effect immediately on its adoption. The undersigned hereby certifies that the above Resolution was duly adopted by the Commissioners of the C~ty of Virginia Beach Development Authority at a meeting duly called at which a quorum was present and acting throughout on December 19, 2000, and that such Resolution is in full force and effect on the date hereof Date. December [.~, 2000 Secretary, City ofVlr/g~ma Be~t~ Development Authority 60085035/resolution EXHIBIT D DISCLOSURE STATEMENT Date: December ~ ,, 2000 Applicant LIFENET All Owners (if different from Apphcant)' None Type of Application $13,500,000 Industrial Development Revenue Bonds to assist Applicant in financing (A) the acqmsltlon of an approximately 1 0636 acre parcel of land and a 14,160+/- square foot building thereon located at 5721 Thurston Avenue, V~rglnia Beach, V~rginla 23455, and (B) the development construction and equipping of an additional office, administration and tissue bank processing facihty containing approximately 90,000 +/- square feet to be located on Bay S~de Road, V~rg~ma Beach, V~rglnla a/k/a Parcel 9-A, City of Virginia Beach Airport Industrial Park (collectively, the "ProJect"). 1 The Applicant is a non-profit, non-stock Virginia corporation which has a determination letter from the Internal Revenue Service granting it charitable organization status under Section 501(c)(3) of the Internal Revenue Code. See attached Exhibit A for the list of the Board of Directors and officers 2 The Applicant is the owner of the Project. LIFENET, a Virginia non-profit, non-stock corporation By ,~~nond~- 1/~ T fit John, Vice President 60085 035/ # 122406 v2 - DISCLOSURE S'I M~[ 122406 LifeNet Board of Directors R~chard L. Hurw~tz, M D, Chmrman 880 Kempsv~lle Road, State 1000 Norfolk, VA 23502 Mr. Douglas E Prete V~rg~ma Blood Servtces 2201 Westwood Avenue Richmond, VA 23230 Mr. James H Thrower 13707 H~ckory Nut Point M~dloth~an, VA 23112 Marc Katz, M D Cardiac Surgical Associates 87605 Forest Avenue, State 302 Richmond, VA 23229 John M. Herre, M D DePaul Medical Center 150K~ngsley Lane Norfolk, VA 23505 Gerald M Bowers, D.D.S 2004 Kurtz Avenue Pasadena, MD 21122 Gerardo Mendez-P~con, M.D. Poctunond Surgical Group 8921 Three Chopt Road,/4300 R~chmond, VA 23229 Jolm Cardea, M D. Vlrg~ma Commonwealth University MCV Campus MCV Station, Box 980153 Richmond, VA 23298 Officers Ball Anderson, President and CEO L~feNet 5809 Ward Court V~rg~nla Beach, VA 23455 Raymond T St. John, V~ce President and Secretary L~feNet 5809 Ward Court Virg~ma Beach, VA 23455 60085035/board of d~rectors VIRGINIA BEACH EXHIBIT E Virginia Beach Development Aulhoray One Columbus Center, State 300 V~rg~ma Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 Websue www vlrgmm-beach va us/dept/econdev f:-mad ecdev@c~tyv~rgmm-beach va us CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BONDS (LIFENET PROJECT) SERIES 1999 The Development Authority recommends approval of the above-referenced financing. The benefits of the ProJect to the C~ty include further development and expansion of an organ procurement and t~ssue bank for transplants providing a much needed servme to in&vlduals and health care providers throughout the Commonwealth of Vlrg~ma, increased employment m the C~ty of V~rgima Beach and increased purchases of goods, services and equipment. EXHIBIT F FISCAL IMPACT STATEMENT DATE October 19, 1999 TO Vlrgima Beach City Council APPLICANT. LlfeNet TYPE OF FACILITY: Organ Procurement Organization and Tissue Bank 1 Maximum amount of financing sought $13,500,000 Estimated taxable value of the facility's real property to be constructed in the municipality $10,000,000 3 Estimated real property tax per year using present tax rates $150,000 4. Estimated personal property tax per year using present tax rates $8,500 Estimated merchant's capital (business hcense) tax per year using present tax rates (a) Estimated dollar value per year of goods that will be purchased from V~rglma Companies within the locahty (b) estimated dollar value per year of goods that will be purchased from non-Virg~ma Compames within the locahty (c) estimated dollar value per year of services that will be purchased from Virglma Compames wlth~n the locality (d) estimated dollar value per year of services that will be purchased from non-V~rgima Companies within the locahty $500,000 $1,500,000 $2,000,000 $1,000,000 7. Estimated number of regular Employees on year round basis 2OO 8 Average annual salary per employee $38,875 The ~nformahon contmned ~n this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent ~nvestlgatlon with respect thereto CITY OF VLRGINA BEACH DEVELOPMENT AUTHORITY By ~ 60085035~FISCAL IMPACT STATEMENT EXHIBIT G SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BONDS PROJECT NAME 2 LOCATIONS 3 DESCRIPTION OF PROJECT 4 AMOUNT OF BOND ISSUE 5. PRINCIPALS' LlfeNet 5721 Thurston Avenue and Bayside Road (Parcel 9A A~rport Industrial Park), V~rg~ma Beach, Virg~ma Land, bmld~ngs and equipment for organ procurement and tissue bank Up to $13,500,000 See attached llst of officers and members of the Board of D~rectors 6. ZONING CLASSIFICATION Present Zomng Classification of the Bayside Road Property. M-2 - Light Manufactunng b Is rezomng proposed9 Yes~ No X c If so, to what zoning class~ficahon? Present Zoning Classification of the Thurston Avenue Property M-2-Llght Manufacturing e Is rezomng proposed9 Yes~ No X f If so, to what zomng class~fication9 60085035/Summary Sheet (Authority) LifeNet Board of Directors Richard L Hurw~tz, M D, Chmrman 880 Kempsv~lle Road, State 1000 Norfolk, VA 23502 Mr. Douglas E. Prete Virg~ma Blood Services 2201 Westwood Avenue R~chmond, VA 23230 Mr. James H. Thrower 13707 H~ckory Nut Point Mldloth~an, VA 23112 Marc Katz, M D Card~ac Surgical Associates 87605 Forest Avenue, Suite 302 R~chmond, VA 23229 John M. Herre, M D DePaul Medtcal Center 150Kingsley Lane Norfolk, VA 23505 Gerald M Bowers, D.D.S 2004 Kurtz Avenue Pasadena, MD 21122 Gerardo Mendez-P~con, M D R~chmond Surgical Group 8921 Three Chopt Road,/4300 Richmond, VA 23229 John Cardea, M D. V~rg~nla Commonwealth Umvers~ty MCV Campus MCV Station, Box 980153 Pdchmond, VA 23298 Officers Ball Anderson, President and CEO L~feNet 5809 Ward Court V~rgima Beach, VA 23455 Raymond T St John, V~ce President and Secretary LifeNet 5809 Ward Court V~rg~ma Beach, VA 23455 60085035/board of directors VIRGINIA EXHIBIT H December 19, 2000 %rg~ma Beach Development Authority One Columbus Center, State 300 Virgmm Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 Webstte www. v~rglma-beach.va.us/dept/econdev E-mad ecdev@clty, vlrgima-beach.va.us Mr. Robert G. Jones Chairman Vlrg~ma Beach Development Authority One Columbus Center, Suite 300 %rg~ma Beach, VA 23462 Re: L~feNet Industrial Revenue Bonds Dear Bob: It is the finding of the Department of Economic Development that the proposed acquisition of an approximately 1.0636 acre parcel of land and a 14,160+ sq. ft. building thereon located at 5721 Thurston Avenue in the City of Virginia Beach Airport Industrial Park, and the construction of a proposed 90,000+ sq. ft. facility will be in the public's best interest and benefit the citizens of %rg~ma Beach. This proposed project will increase annual employment, stimulate the local economy, ~ncrease the tax base, and provide a valuable service to the citizenry in the processing and distribution of tissues and organs for transplant, thereby meeting the public purpose test. I will be happy to answer any questions you may have after our meeting of December 19th. Sincerely, Mark R. Wawner Project Development Manager MRW:IIs )Concoursa A & t Lakp Wnql~t /.,,, RPORT ,Dlamu.d S ~op ~ u Gal.~ 3 ~ERICK LA E',I C SA JO ullur, DR H a m p Amphi DRIVE 'l , Cypress Pt Applicant: LifeNet 76'09 45 Project: Acquisition of 5721Thurston Avenue and development, construction and equipping of a 90,000+/- square foot (2 buildings) office, administration and tissue processing facility on 9.14+/- acres on Bayside Road. Bonds: Not to exceed $13,500,000.00 Item V-I 3 a/b/c -31 - RESOL UTIONS/ORDINANCES ITEM # 47657.~,4 Upon motton by Vtce Mayor Sessoms, seconded by Councilman Harrtson, Ctty Counctl ADOPTED: Resoluttons to ENDORSE the apphcattons to the Commonwealth Transportation Board for federal transportatton enhancement funds re a Ferry Plantatton House restoratton- Phase I b Pungo Ferry Landtng property acqutsttton for pubhc use c Cape Henry Extenston Multt-Purpose Tratl Vottng 11-0 (By Consent) Counctl Members Vottng Ave Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None January 23, 2001 RESOLUTION OF ENDORSEMENT TO THE COMMONWEALTH TRANSPORTATION BOARD FOR THE FERRY PLANTATION HOUSE RESTORATION (PHASE I), THE PUNGO FERRY LANDING PROPERTY ACQUISITION FOR PUBLIC USE, AND THE CAPE HENRY EXTENSION MULTI-PURPOSE TRAIL AS PROPOSED TRANSPORTATION ENHANCEMENT PROJECTS WHEREAS, the Virginia Department of Transportation, along with the Virg~ma 7 Department of Rail and Public Transportation and the Federal Highway Administration, has 8 announced the availability of Transportation Enhancement Funds for qualified projects, and WHEREAS, approximately Eighteen Million, Five Hundred Thousand Dollars ($18 5 10 Million) may be available to Virginia localities for transportation enhancement projects during 11 the 2001-2002 Fiscal Year; and 12 WHEREAS, the City Council has been advised that projects funded by this program require 13 a local match, either in-kind or cash, of twenty percent (20%); and 14 WHEREAS, the City Council has been further advised and acknowledges that in the event 15 the City elects to cancel a project funded by this program prior to its completion, the City shall 16 be required to reimburse the Virginia Department of Transportation for funds expended for such 17 project; and 18 WHEREAS, the Metropolitan Planning Organization has endorsed the City's proposed 19 transportation enhancement project, and 20 WHEREAS, in accordance with Commonwealth Transportation Board construction 21 allocation procedures, a resolution of endorsement must be received from the City Council 22 before the Virginia Department of Transportation will program an enhancement project in the 23 apphcant's locality; and 24 WHEREAS, the City Council recognizes the importance of transportation enhancement 25 projects as a way of integrating transportation into our community and natural environment 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: That the Council hereby endorses to the Commonwealth 28 Transportation Board the Ferry Plantation House Restoration (Phase I), the Pungo Ferry Landing 29 Property Acquisition for Public Use, and the Cape Henry Extension Multi-Purpose Trail as 30 proposed transportation enhancement projects. 31 ADOPTED by the Council of the City of Virginia Beach, Virginia, this 23rd day of 1 January ,2001. APPROVED AS TO CONTENTS: Department of Planning APPROVED AS TO LEGAL SUFFICIENCY. City Attorney's Office APPLICATION SUMMARY FOR VIRGINIA TRANSPORTATION ENHANCEMENT PROGRAM TITLE: FERRY PLANTATION HOUSE RESTORATION, PHASE I LOCATION: CITY OF VIRGINIA BEACH, 4136 CHESWICK LANE On the west side of the western branch of the Lynnhaven River (east of Independence Boulevard, north of Pembroke Boulevard) Located in the City of Virginia Beach, Ferry Plantation was once an integral part of the colonial and post-colonial transportation system when a ferry operated to carry people and goods across the western branch of the Lynnhaven River. The property is located on the Bayside History Trail, a driving, walking, and biking trail that has already received an Award for Excellence by the Learning Resources Network. This trail will be used as a model for future history trails. Ferry Plantation House will educate people about the history of the area, including transportation systems that were used on the important waterways of Virginia The house, built circa 1830, is one of the few remaining examples of Federal period architecture remaining in the Tidewater area of Virginia. The site held the first brick courthouse for Princess Anne County, the ferry landing, a post-office, a tavern, a jail, and the manor house. The plantation site was the source of one of the most significant, intact, 18th century collections unearthed by the Colonial Williamsburg Foundation's Archaeology Department. However, after being left vacant for over ten years, vandalized, and neglected, the property suffered severe damage and is the only historic property located on the Bayside History Trail that is not regularly open to the public. Ferry Plantation House is now owned by the City of Virginia Beach and leased to the Friends of the Ferry Plantation House (FOFPH) to oversee the restoration and rehabilitation. Using as a basis for funding a $68,500 appropriation from the City, FOFPH has leveraged the initial funding with fund-raising and in-kind donations to do much of what was recommended in an initial architectural review as Phase I to stabilize the house. In-kind donations and fund-raising efforts have augmented the initial funding through partnering with professional organizations, individuals, and community groups. The local chapter of the American Institute of Architects has subleased a room in the historic building. This eliminates the problems inherent in a vacant building while providing a source of income and technical expertise for the project. An Architectural Advisory Board was formed in 1990 to further provide gratis, expert advice on the historical restoration of the property. Funds are requested to complete Phase I for those specialized areas where expertise is required which precludes donations of services, specifically, stabilizing the existing fragile, original brick exterior which was protected by stucco until it was removed by a developer in 1989 Also, the house, including a bathroom, must be made handicapped accessible, and electrical and structural upgrades completed. The estimated cost for this phase of the project is $145,000, non-federal participation will be $30,000 and requested funding through the Virginia Transportation Enhancement Program is $115,000. We believe the project meets ten of the twelve enhancement criteria Upon completion of this phase, the property will enhance the surrounding neighborhood and provide a visual historic interpretation of the site of the colonial ferry landing. As part of the Bayside History Trail, this phase will provide an upgrading of the project and its site with interpretive slgnage for pedestrians and cyclists when the house is closed, while safety and accessibility features will allow the house to be open for the public. Pun_go Ferry Landing Property_ Acquisition for Pv blic Use Acqmsitlon of privately-owned property on the west side of the North Landing River in the Blackwater Voting District of the City of Virginia Beach, adjolmng the former ~oadway and site of the original Pungo Ferry Bridge and earlier Pungo ':erry c~osslng. This site adjoins property owned by the Commonwealth of V rginta as part of tl~e North Landing River Natural Area Preserve, and other lands owned by The Nature Conservancy. The property, once acquired, would be developed over time as a public access point to the rlv', ~', provide a canoe take-out point terminus to the Commonwealth's adjoining canoe trail, ar. ti afford opportunities to describe the historical s~gnlficance of this Imt~ortant river ferry Clossing to the development of this area of Virgima Beach through a series of educational displays. In the long term, ~t is planned to develop an observation tower on the site to afford visitors -7~ews of the unique natural environments adjolmng the North Landing River m the Pungo Ferry' area. Total estimated cost IS $60,000 ($48,000 enhancement fund request, $12,000 local match). Cape Henry Extension Multi-Purpose Trail Construct a 10 foot wide multi-purpose trail with asphalt surface approximately 4,500 feet in length between the intersection of Shore Drive at Marhn Bay Drive ;o the intersection of Shore Drive at East Stratford Road on City-owned right-of-way in the Bayfiont Planning Area of the City of Virginia Beach The trail wall be designed and constructed to meet the standards for heavily utilized, two-way directional, multi-use trails as recommended by t~e American Association of State Highway and Transportation Officials (AASHTO) The trail w~ll be constructed on a Type I base mater~al, w~th a trail surface of a minimum of 2 inches of type S-4 / S-5 asphalt w~th topsoil installed and graded on trail edges with seed and fertdizer. Trees and shrubbeI3, on both s~des of the trail shall be tr~mmed or removed as necessary to estabhsh at least a 3 foot clearance as recommended by AASHTO, as well as trimming or removal of trees and shrubbery as necessary that pose a safety risk to trail users by blocking the line of sight of vehicle drivers at the locations wheIc the trml crosses a city neighborhood street. Trail and safety signs shall be installed at locations iecommended by AASHTO at the street intersections The trml shall be landscatJed utilizing native t~ ees and shrubs ~ndigenous to the project area, as found on the plant hst of nero by F~rst Landing State Park Zebra striping of crosswalks where the trail crosses neighborhot.d streets shall be undertaken as recommended by AASHTO. The proposed trail project wall b,z in compllance w~th all AASHTO recommended design and safety guidelines as specified in the most recent "Guide for the Development of Bicycle Facilities" prepared by AASHTO Tac t~ad will be part of a larger trml which will ultimately link, from west to east, the Bayside Co~,munity Recreation Center on First Court Road, Bayvllle C~ty Park, cross over Lynnhaven Inlet, coi~tlnutng through First Landing State Park to 64th Street and the North Beach area of Virginia Beach Portions of the trail are rather currently completed, under design, or scheduled for construction The trail will link to existing trmls ~n Fort Story owned and maintained by the U S Army, as well as the Great Neck Road trail owned and maintained by the City. The proposed trail has been identified as a priority project ~n the C~ty' s Bikeways Plan, adopted by the City Council ~n April, 1986, the City Outdoors Plan, adopted by City Council in October, 1994, and IS also identified as a prlor~ty project In the Shore Drive Corridor Plan, adopted by City Councd ~n March, 2000 No development of trail-side or trml-head facilities are proposed ~n conjunction with the project No s~te acquisition IS necessary, as the entire project corridor is currently owned by the City. The existing portions of the Cape Henry Trml are located on either City or State property and are owned and malntmned by either the City or the Commonwealth The proposed Cape Henry Trail Extension Project w~ll greatly enhance trail linkages to other existing as well as future planned trail construction projects m the area When completed, the proposed trml project will provide Americans W~th Disabdlties Act (A DA) comphant access and will also comply w~th all AASHTO recommended trml design and safety guidelines The trml will additionally set a new City standard for design through its ~ntegration ~nto the natural landscape with the exclusive use of native plant material indigenous to the proJect area as its landscape design. The proposed Cape Henry Extension Trail will be managed and malntmned by the City of Virginia Beach Department of Parks and Recreation as a community recreational facility Total estimated cost is $250,000 ($200,000 enhancement fund request, $50,000 local match) Item V-I 4 - 32 - RES OL UTIONS/ORDINANCES ITEM # 4 765 7 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Harrison, City Counctl DEFERRED: Resolutton to ADOPT "Gutdehnes for Evaluatton of Investment Partnershtps for Economtc Development", and, utthze the pohcy when evaluattng potenttal investment partnerships Vottng 11-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlltam D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None January 23, 2001 Item V-I 5 - 33 - RESOL UTIONS/ORDINANCES ITEM # 47657. Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Harrtson, Ctty Council ADOPTED: Ordtnance to ACCEPT and APPROPRIATE a $68,169 grant from the Vtrgmta Department of Crtmmal Justtce Servtces to the FY 2000-01 operattng budget of the Pohce Department re enhanced servtces to the domestic violence unit. Voting 11-0 (By ConsenO Counctl Members Votmg Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None January23, 2001 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $68,169 GRANT FROM THE VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES TO THE FY 2000-01 OPERATING BUDGET OF THE POLICE DEPARTMENT FOR THE PURPOSE OF PROVIDING ENHANCED SERVICES TO THE DEPARTMENT'S DOMESTIC VIOLENCE UNIT WHEREAS, the Virginia Beach Police Department has been 10 awarded $68,169 from the Virginia Department of Criminal Justice 11 Services to provide enhanced services to the Department's domestic 12 violence unit; 13 WHEREAS, through use of the grant funds, the Police 14 Department will fund the salary and fringe benefits of one police 15 officer and a full-time clerical position, and will purchase 16 supplies and office equipment; and 17 WHEREAS, the grant requires an in-kind match of City 18 funds in the amount of $17,043, which is available from currently- 19 appropriated funds. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 22 1. That a $68,169 grant is hereby accepted from the 23 Virginia Department of Criminal Justice Services and appropriated 24 to the FY 2000-01 Operating Budget of the Police Department for the 25 purpose of providing enhanced services to the Department's domestic 26 violence unit. 27 2. That estimated revenue from the Commonwealth is 28 hereby increased by $68,169. 29 3. That an existing clerical position is hereby 30 upgraded from part-time to full-time, thereby increasing the number 31 of FTE's being funded by the grant by 0.5. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day of ~anuary~ , 2001. CA-7970 data\aty\ordin\noncode\domestic violence unit.ord.wpd January 16, 2001 R3 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~rn~'s ~ffice Item V-I 6 - 34- RESOL UTIONS/ORDINANCES ITEM # 47658 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Harrtson, Ctty Counctl ADOPTED: Ordtnance to ACCEPT and APPROPRIATE $6,836 from the Commonwealth of Vtrgtnta "Two-for-Ltfe" program to the FY 2000-01 operattng budget of the Emergency Medtcal Servtces (EMS) repurchastng defibrillators. Vottng 11-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor MeyeraE Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wdson Councd Members Vottng Nay None Counctl Members Absent None January 23, 2001 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO ACCEPT AND APPROPRIATE $6,836 FROM THE STATE OFFICE OF EMERGENCY MEDICAL SERVICES TO THE FY 2000-01 OPERATING BUDGET OF THE DEPARTMENT OF EMERGENCY MEDICAL SERVICES FOR THE PURCHASE OF DEFIBRILLATORS WHEREAS, the State Office of Emergency Medical Services 11 has awarded the City's Department of Emergency Services a matching 12 reimbursement grant in the amount of $6,836 to purchase 13 defibrillators; and 14 WHEREAS, the Department of Emergency Medical Services has 15 sufficient funds appropriated in the FY 2000-01 Budget to provide 16 the required in-kind match. 17 18 NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 19 1. That a $6,836 grant is hereby accepted from the State 20 Office of Emergency Medical Services and appropriated to the 21 FY 2000-01 Operating Budget of the Virginia Beach Department of 22 Emergency Medical Services to purchase defibrillators. 23 2. That estimated revenue from the Commonwealth is hereby 24 increased by $6,836. 25 26 Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day of January , 2001. 27 28 29 30 CA7969 F: \Data\ATY\Ordin\NONCODE\emsdefib o ord. wpd January 12, 2001 R-2 31 32 33 34 APPROVED AS TO CONTENT ~an~ge~ent ~&rvices APPROVED AS TO LEGAL SUFFICIENCY Department of Law Item V-I 7 - 35- RES OL UTIONS/ORDINANCES ITEM # 4 7659 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Harrtson, Ctty Counctl ADOPTED: Ordtnance to ACCEPT and APPROPRIATE a $5,000 grant from the Vtrgtnta Commtsston for the Arts to the FY 2000-01 operattng budget of the Department of Museums and Cultural Arts re local art activities and projects Vottng 11-0 (By Consent) Council Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None January23, 2001 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $5,000 GRANT FROM THE VIRGINIA COMMISSION FOR THE ARTS TO THE FY 2000-01 OPERATING BUDGET OF THE DEPARTMENT OF MUSEUMS AND CULTURAL ARTS TO BE USED TO SUPPORT LOCAL ART ACTIVITIES AND PROJECTS WHEREAS, the Virginia Commission for the Arts has awarded 9 the Virginia Beach Arts and Humanity Commission a $5,000 grant to 10 promote and support local art activities; and 11 WHEREAS, this grant requires a cash match of $5,000, and 12 resources for this match are currently available in the Arts and 13 Humanities Commission's FY 2000-01 Operating Budget. 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 16 1. That a $5,000 grant is hereby accepted from the 17 Virginia Commission for the Arts and appropriated to the FY 2000-01 18 Operating Budget of the Department of Museums and Cultural Arts to 19 be used support local art activities and projects. 20 2. That estimated revenue from the state government is 21 hereby increased in the amount of $ 5,000. 22 23 Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day of January , 2000. 24 25 Requires an affirmative vote by a majority of the members of City Council. 26 27 28 29 30 31 32 CA7973 F:\Data~ATY\Ordin\NONCODE~Local Art Proj.ord.wpd January 17, 2001 R-1 Approved as to Content: Approved as to Legal Sufficiency: 33 34 C~ty Attorney's Office OMMISSION MEMBERS 4ANCY W TURNER CHAIR )ANVlLLE 'IRE-rISS I ZACEK. VICE CHAIR RICHMOND E A McMATH, SECRETARY ONLEY V M BARNEY ANNAS VIRGINIA BEACH GERALDINE T 8OONE CHESAPEAKE RONALD E CARRINGTON RICHMOND MARILYN J GOULO ;AIRFAX MARSHA S LEMONS WISE LILLIAN PERKINS MORSE WAYNESBORO FRANCES M REDMON ALEXANDRIA ALICE M STARR McLEAN BESSIDA CAUTHORNE WHITE RICHMOND COMMONWEALTH of VIRQINIA Commission for the Arts LEWIS HOUSE - SECOND FLOOR 223 GOVERNOR ST RICHMOND. VIRGINIA 23219-2010 June 26, 2000 PEGGY J BAGGETI' EXECUTIVE DIRECTOR C. Mac Rawle, Director Arts & Humanities Com~iseion Virginia Beach, City of 717 General Booth Blvd. Virginia Beach, VA 23451 Re: Local Government Challenge Grant 01-0410 - $5,000 EIN: 540722061 FIPS: 810 Dear Mr. Rawls: It is a pleasure to inform you that the Virginia Commission for the Arts has awarded your jurisdiction a grant of $5,000 in the Local Government Challenge Grant category. Your signature on the certification of assurances attached to the application indicated your agreement to the grant conditions. Any changes in the distribution of either the local or state funds must be reported to the Commission staff. In all published material and announcements regarding your local re-granting program, acknowledgment must be made that the program is partially supported by a grant from the Virginia Commission for the Arts and the National Endowment for the Arts. LOUISE L ZILUCA UPPI~RVILLE In order to release the funds, the Commission must receive written confirmation that your local government has fulfilled the matching requirement. The requirement is met through an appropriation of 2000-2001 local tax revenues for arts organizations matching or exceeding the amount of the grant. This confirmation may take the form of a brief letter from an authorized official or a copy of the Dertinent section of your Jurisdiction's approved 2000-2001 budget. Your confirmation should refer to the total actual dollar amounts to be received by the arts groups. Your confirmation must be received no later than December 15, 2000, or the grant award will be cancelled so that the funds may be used for arts activities an other communities. If you have any problem meeting this deadline, please let us know as soon as possible. The Commission is grateful for your cooperation and for your contribution in making high quality arts activities available to the citizens of virginia. Please accept our best wishes for your continued 8ucces8. Sincerely, Peggy J. Baggett Executive Director - 36- Item Vd 8 RESOL UTIONS/ORDINANCES ITEM # 4 7660 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Harrtson, Ctty Counctl ADOPTED: Ordtnance to AMEND [3ra Amendment] the Landfill Gas (LFG) Agreement repayment of royalttes, tmprovmg extsttng well field, consent to asstgnment of certain rtghts and obhgattons, and, authortze the Ctty Manager to execute the necessary documents Votmg 11-0 (By Consent) Counctl Members Votmg Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlltam W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None January 23, 2001 ORDINANCE NO AN ORDINANCE TO APPROVE AN AMENDMENT TO THE LANDFILL GAS SALE AGREEMENT BETWEEN THE CITY AND VB LFG L.L.C 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 WHEREAS, on December 31, 1996, the C~ty of Virginia Beach (the "City") entered into a Landfill Gas Sale Agreement with Allegheny Energy Recovery, Inc ("AER") as amended by the First Amendment to Landfill Gas Sale Agreement dated February 1, 1999 and by the Second Amendment to Landfill Gas Sale Agreement dated March 7, 2000 (collectively referred to as the "LFG Agreement"), pursuant to which VB LFG L L C. ("VB LFG"), a Delaware limited liability company ultimately acquired from AER all rights to gas ("LFG") produced from the landfill owned and operated by the C~ty at 1989 Jake Sears Road, V~rg~ma Beach, V~rg~ma ("Landfill II"), WHEREAS, VB LFG and the City have agreed to further amend certain provisions of the LFG Agreement pertaining to royalty payments and the improvement of the existing well field at Landfill II; WHEREAS, VB LFG also wishes to enter ~nto a Gas Sales Agreement w~th Industrial Power Generating Corporation ("Ingenco"), a Vlrg~ma corporation, under which Ingenco will purchase 100% of the LFG produced and extracted from Landfill II by VB LFG and will utlhze the LFG for a beneficial use (the production of electricity); WHEREAS, VB LFG w~shes to assign, through the Gas Sales Agreement, certain of its rights and obhgations pertaining to the 12,000 square foot building located in Landfill II, the land, and the LFG processing famhty under the LFG Agreement to Ingenco ~n order to allow Ingenco to effectively utd~ze the LFG for a beneficial use, WHEREAS, pursuant to Section 13 1 (a) of the LFG Agreement, VB LFG is required to obtain the C~ty's consent to any assignment of rights, and the City and VB LFG wish to document such consent by the City as an amendment to the LFG Agreement; and WHEREAS, the C~ty staff has determined that an amendment to the LFG Agreement ~s appropriate and beneficml to the City ~n that, tnter aha, the services to be performed by Ingenco wall assist in meeting the requirement of the Virginia Department of Environmental Quality for a gas management plan at Landfill II 30 31 32 33 34 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the Third Amendment to the LFG Agreement pertaining to the payment of royalties, the improvement of the existing well field and the consent to the assignment of certain rights and obllgat~ons by VB LFG to Ingenco, is hereby approved, and the City Manager or his designee is hereby authorized to execute such Amendment m accordance with the terms attached hereto with the final wording to be satisfactory to the City Attomey. 37 38 of ADOPTED by the Council of the C~ty of Virginia Beach, V~rg~nla, on the ~ 3anuary ,2001. 23 day 39 40 41 42 43 44 45 46 47 Comment The proposed Third Amendment to the current Landfill Gas Sale Agreement will allow a reduction in the payment of royalties but allow for a share in the btu production generated by the operations to be performed by Ingenco. The Amendment will also require VB LFG to make up to $200,000 in improvements to the existing well field. Furthermore, the Amendment allows the assignment of certain rights and obligations under the LFG Agreement by VB LFG to Ingenco to allow Ingenco to effectively utilize the LFG for a beneficial use (the production of electricity). The requirements of the Virginia Department of Environmental Quality for a gas management plan will be met by allowing Ingenco to purchase the LFG produced and extracted from Landfill II and to produce electricity. All other provisions of the LFG Agreement shall remain in full force and effect. 48 49 50 51 APPROVED AS TO CONTENT: Dept. of Pubh~Vorks APPROVED AS TO LEGAL SUFFICIENCY: 52 53 54 55 CA-7944 01/09/2001 R-1 F \Users\VValldej\WP\BZA\mgenco ord wpd CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM ITEM' The Honorable Mayor and Members of Councd James K Spore, City Manager Amendment to Landfill Gas Sale Agreement for Landfill MEETING DATE: January 23, 2001 Background: S~nce 1971 the C~ty of V~rg~n~a Beach has operated a landfill under Permit No 398 for the d~sposal of municipal sohd waste from the C~ty of V~rg~n~a Beach (Landfill II) In 1989 the C~ty contracted w~th a private contractor for the conversion of landfill gas to electricity The C~ty also operated a landfill gas flanng system ~n conjuncbon w~th the gas collection system In late 1990, the contractor defaulted The C~ty conbnued to flare the landfill gas wh~le pursuing remedies w~th the original landfill gas collecbon contractor On December 31, 1996, the C~ty executed a Landfill Gas Sale Agreement w~th Allegheny Energy Recovery, Inc to take over the operabon of the original landfill gas collecbon contractor In March 2000, a new company, VB LFG, acquired all r~ghts to the gas produced from Landfill II from Allegheny Energy Recovery, Inc Th~s company was formed by Montauk Energy Capital Company to fund energy recovery projects VB LFG has requested the consent of the C~ty to enter ~nto an agreement w~th Industrial Power Generabng Corporabon (Ingenco) to develop and operate the landfill gas recovery system to generate electricity, thus requ~nng a need for an amendment to the Landfill Gas Collecbon Agreement Considerations: The proposed amendment prowdes for a reducbon ~n the monthly royalty payment from $10,000 to $5,415 plus a share of the btu producbon For the reducbon of the royalty payments, the contractor (VB LFG) w~ll spend up to $200,000 ~mprowng the ex~sbng well field Ingenco w~ll also ~mprove the ex~sbng 12,000 square foot budding to ~nstall no~se abatement equipment, mufflers, ~nsulat~on, a no~se barrier wall, and adequate landscaping to assure that the no~se from the operabon of the facd~ty w~ll not adversely affect the landfill operabon, or adjacent property owners Th~s project w~ll produce electricity that wdl be sold to customers throughout the Un,ted States The V~rg~n~a Department of Environmental Quahty requires that V~rg~n~a Beach have a gas management plan Th~s project w~ll assist ~n meebng those requirements Public Information: S~nce th~s ~s an ~nternal operabon of the C~ty, there wdl be no need for any d~rect pubhc ~nformabon not~flcabon Alternatives: The methane produced at Landfill II ~s now flared Wh~le th~s process could conbnue, ~t ~s more beneficial to recover the landfill gas for a beneficial purpose and the process wdl help meet the DEQ's requirements Recommendations There are no costs to the C~ty of V~rg~n~a Beach for th~s project The recovery of landfill gas for the producbon of electricity w~ll enhance the project and meet the requirements of the V~rg~n~a Department of Enwronmental Quality Therefore, ~t ~s recommended that the proposed amendment be approved Attachments: Proposed Ordinance Summary of Terms Recommended Action Approval CitySubmitting Department/Agency ~P~~ ~4~c W°rks/Waste Management ~ Manag~~~,~%~a_~ , v OWNER: CONTRACTOR: TERM: SUMMARY OF TERMS AMENDMENT TO LANDFILL GAS SALES AGREEMENT AT LANDFILL II City of Virginia Beach VB LFG L.L C, a Delaware limited liability company December 31, 1996 - December 31, 2011 ROYALTIES: Reduction ~n monthly royalty payments by VB LFG from $10,000 to $5,415 plus $0 25 per MMBtu for each MMBtu in excess of 200,00 MMBtu of LFG metered RIGHTS AND RESPONSIBILITIES OF THE VB LFG/INGENCO: VB LFG will spend up to $200,000 for ~mprovements to the emst~ng well field at Landfill II. Operation, mmntenance and repair of the LFG processing facility will be assigned to Ingenco, a V~rg~ma Corporation. Ingenco will ~mprove the emst~ng 12,000 square foot bmlding and install nmse abatement eqmpment such as mufflers, ~nsulation, nmse barrier walls and landscaping Ingenco will produce electricity and wheel to customers throughout the United States. Ingenco will be hable directly to and will indemnify the City for any and all liabfllt~es and environmental conditions and/or habflities created at Landfill II by Ingenco and/or resulting from the LFG processing facility Additionally, Ingenco will secure and mmnta~n all ~nsurance pohc~es and coverages required under the LFG Agreement RIGHTS AND RESPONSIBILITIES VIRGINIA BEACH: The Department of Public Works Waste Management Dtvis~on will monitor the operation of the LFG processing facihty and all operations at Landfill II to ensure comphance w~th the LFG Agreement and compliance w~th the reqmrements of the V~rglma Department of Environmental Quality. F ',Users\VValldel\WP',BZ~,\mgenco sum wpd Item V-I 9 -37- RES OL UTIONS/ORDINANCES ITEM # 4 7661 Upon motton by Vtce Mayor Sessoms. seconded by Counctlman Harrtson, City Counctl ADOPTED: Ordtnance to TRANSFER $1,173,000 FY 2000-01 School Capttal Improvement Funds (CIP) a Elementary school security cameras b Replacement of telephones c Infrastructure tmprovements, middle school language labs d Repatr and matntenance projects e Custodial equipment replacements $550,000 $300,000 $ 73,000 $220,000 $ 30, 000 Votmg 11-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Council Members Vottng Nay None Counctl Members Absent None January 23. 2001 AN ORDINANCE TO TRANSFER $1,173,000 BETWEEN SCHOOL CIP PROJECTS WITHIN THE FY 2000-01 CAPITAL IMPROVEMENT BUDGET WHEREAS, by ordinance adopted November 14, 2000, City 6 Council, at the request of the School Board, appropriated 7 $6,662,882 in School reversion funds and $3,890,538 of Revenue- 8 sharing Formula Funds from the General Fund fund balance to various 9 School CIP projects; and 10 WHEREAS, the School Board has requested that the 11 following transfers be made between certain School CIP projects to 12 more properly align the funds appropriated on November 14, 2000, 13 with specific projects. 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 16 That funds in the amount of $1,173,000 are hereby 17 transferred within the FY 2000-01 Capital Budget in the amounts and 18 between the projects set forth below: 19 1. $550,000 from CIP# 1-074, Renovations and Replacements 20 - Various to CIP #1-011, Equipment and Vehicle Replacements, for 21 elementary school security cameras; 22 2. $300,000 from CIP# 1-074, Renovations and Replacements 23 - Various to CIP #1-011, Equipment and Vehicle Replacements, for 24 replacement of telephones; 25 3. $73,000 from CIP# 1-074, Renovations and Replacements 26 - Various to CIP# 1-196, Instructional Technology, for 27 infrastructure improvements, middle school language labs; 28 4. $220,000 from CIP# 1-074, Renovations and Replacements 29 - Various to CIP #1-011, Equipment and Vehicle Replacements, for 30 repair and maintenance projects; and 31 5. $30,000 from CIP# 1-074, Renovations and Replacements 32 - Various to CIP #1-011, Equipment and Vehicle Replacements, for 33 34 35 36 37 custodial equipment replacements. Adopted by the Council of the City of Virginia Beach, Virginia, on the 23 rd day ofJanuary , 2001. Requires an affirmative vote by a majority of the members of City Council. 38 39 40 41 42 43 44 45 46 CA7966 F: kData\ATYkOrdin\NONCODE\school scapbud01, ord. wpd January 16, 2000 R-3 Approved as to Content: t 'Services Approved as to Legal Sufficiency: ~ity Attor/y' s' ~ffice X IRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE RESOLUTION WIIEREAS, the School Board made a commitment March 7, 2000 to revert $3 06 million to the City, and WHEREAS, this $3.06 mtllton has been appropriated by City Council into the CIP and committed to wireless networking ($660,000), Grounds Services equipment replacements ($100,000), replacement of telephone equipment ($300,000), equipment and capital for transportation ($120,000), the replacement of vehicles ($220,000) and the start up materials and supplies for Landstown H~gh School ($1,660,000); and WH_EREAS, the fiscal year total reversion for the FY 99/00 Operating Budget is $9,722,282; and WHEREAS, $6,662,282 of the $9,722,283 reversion has not been committed, now, therefore, be it RESOLVED: That $ 6,662,282 of the $9,722,283 FY 99/00 reversion funds be allocated as follows' · $ 1,875,000 to the Human Resources/Payroll system · $ 1,339,282 to the Woodstock Elementary Modernization · $1,200,000 to reduce purchases of replacement buses in the FY 00/01 Operating Budget · $ 650,000 for classroom data drops for instructional technology · $ 550,000 for elementary security cameras · $ 300,000 for the replacement of telephones · $ 250,000 for administrative technology for use with the Student Database System · $ 250,000 for equipment, materials and services for the Technology Department · $ 175,000 for a Special Education Module for the Student Data Management System · $ 73,000 for infrastructure improvements for middle school language labs and be it further · RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council, the City Manager, and the City Clerk. Adopted by the School Board this 3r'~ day of October 2000 SEAL Daniel [J. g'dw~r~s, Cha~'rman Attest Dianne P. Alexander, Clerk of the Board School Admm,strat~on Budding · 2512 George Mason Drive · P O Box 6038 · Virginia Beach, VA 23456-0038 'x IRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE RESOLUTION WIIEREAS, the City Council adopted the Revenue Shanng Formula February 25, 1997 whmh provides 53 13% of certain general fund revenues to meet obliganons of the V~rgtnta Beach Public Schools; and WIIEREAS, the Revenue Sharing Formula calls for any actual revenues ~n excess of budgeted revenues to be allocated to Virginia Beach Publm Schools in the same 53 13 % ratio, and WItEREAS, the City Office of Management Servmes has estimated that FY 99/00 actual revenues exceeded budgeted revenues for the 6 designated revenue streams by approximately $7,322,677, and WItEREAS, the V~rg~nia Beach Public Schools allocanon under the Revenue Sha~ lng Formula provides approx~lnately $3,890,538 to be re-appropriated by City Council fol non-recurring purposes, and WHEREAS, the administratton recommends the $3,890,538 of Revenue Sharing Formula funds be allocated as follows · $2,040,538 for the School D~vismn's match for the Instructional Technology Replacement cycle to replace the funding from the State Technology Grant which is restricted to high school computers at a 5'1 ratio for purposes of on-line SOL testing and therefore cannot be used for the division's funding obligation · $ 1,350,000 for the elementary modermzatton program/Bays~de Middle School · $ 250,000 for elementary math and reading materials · $ 250,000 for repairs and maintenance projects now, therefore, be it RESOLVED: That the Virgima Beach School Board requests that City Council reappropriate funds in the amount of $3,890,538 to the CIP; and be it fmther RESOLVED: That the funds be re-appropriated $2,040,538 for instructional technology, $ 1,350,000 to the elementary modernization program, $ 250,000 for elementary math and reading matermls, and $ 250,000 for repair and maintenance projects and, be it further RESOLVED: That a copy of this resolution be spread across the official minutes of th~s Board, and the Clerk of the Board is directed to deliver a copy of th~s resolution to the Mayor, each member of City Council, the City Manager, and the City Clerk. SEAL Adopted by the School Board this 3'~ day of October 2000 Daniel D Edwards Cham~an Attest Dianne P. Alexander, Clerk of the Board School Adrmmstrat~on Budding · 2512 George Mason Drive · P O Box 6038 · Virginia Beach. VA 23456-0038 ' IRGINIA BEACHCITY PUBLIC SCHOOLS AHEAD OF THE CURVE TO: FROM: SUBJECT: Catheryn Whitesell, Interim Director City Department of Management Services Vicki Lewis, Chief Financial Officer Department of Budget and Finance FY 2001 CIP Ordinance Corrections DATE: December 27, 2000 We respectfully request the following corrections to the posting of the school division's reversion funds and Revenue Sharing Formula funds: CIP Project # Submitted CIP Project # Fund 495 Per City Appropriated (Activity 9000) Ordinance Amount Account Code Description 1011 1074 $ 550,000 58100.607302 1011 1074 $ 300,000 58300.607103 1196 1074 $ 73,000 51600.606415 10! 1 1074 $ 220,000 57200.606007 1011 1074 $ 30,000 57500.607102 Elem. Security Cameras Telephone Replacements Middle School Labs Repairs & Maintenance Custodial Equip. Replace. If further information or clarification is needed, please let me know. CC' Sammy Cohen, Director of Business Services Pat Moore, Financial Management Specialist Tony Arnold, Director of Facilities Planning and Construction School Adm,n,stratmn Budd,ng · 2512 George Mason Drive · P. O. Box 6038 * Virginia Beach, VA 23456-0038 1 2 3 4 - 5 6 7 ORD- 26 1 AN ORDINANCE TO APPROPRIATE $6,662,282 IN VIRGINIA BEACH SCHOOL REVERSION FUNDS AND $3,890,538 OF REVENUE SHARING FORMULA FUNDS FROM THE GENERAL FUND FUND BALANCE TO THE FY 2001 CAP I TAL IMPROVEMENT BUDGET WHEREAS, $6,662,282 of the total of $9,722,282 in 9 Virginia Beach Public School reversion funds from FY 1999-00 have 10 not been appropriated; 11 WHEREAS, the Virginia Beach Public Schools' allocation 12 under the Revenue Sharing formula results in $3,890,538 to be re- 13 14 appropriated by City Council for non-recurring purposes; WHEREAS, by resolutions adopted October 3, 2000, the 15 School Board formally requested the City Council to approve the 16 appropriation of school reversion funds and revenue sharing formula 17 funds to the City's FY 00/01 Capital Improvement Budget; and 18 WHEREAS, the School Board recommends the allocation of 19 the FY 99/00 $6,662,282 school reversion funds to the following 20 current Capital Improvement projects as set forth below: 21 22 (a) $1,875,000 to CIP# 1-237, City/School Human Resources/Payroll System; 23 (b) $1,339,282 to CIP# 1-217, Woodstock Elementary School Modernization; 25 26 27 28 (c) $1,200,000 to CIP# 1-011, Equipment and Vehicle Replacements, to reduce purchases of replacement buses in the FY 00/01 Operating Budget; 29 30 3] (d) $650,000 to CIP# 1-196, Instructional Technology, for classroom data drops for instructional technology; 32 33 34 (e) $550,000 to CIP# 1-074, Renovations and Replacements - Various, for elementary school security cameras; 35 36 ~7 (f) $300,000 to CIP# 1-074, Renovations and Replacements - Various, for replacement of telephones; ~, 38 39 40 (g) $250,000 to CIP# 1-195, Student Data Management System, for a student database system; 41 42 43 (h) $250,000 to CIP# 1-196, Instructional Technology, for equipment, materials and supplies in the Technology Department; 44 45 46 47 ,., .8 49 50 51 52 53 54 55 56 5? 58 _59 0 61 62 63 64 65 66 67 68 69 70 72 73 74 75 76 77 78 79 80 81 82 -'~ 3 84 85 86 87 88 89 (i) $175,000 to CIP# 1-195, Student Data Management System, for the Special Education Module of the Student Data Management System; and (j) $73,000 to CIP# 1-074, Renovations and Replacements - Various, for infrastructure improvements to middle school language labs; and WHEREAS, the School Board recommends the allocation of the FY 1999-00 $3,890,538 Revenue Sharing Formula funds to the current Capital Improvement projects as set forth below: (a) $2,040,538 to CIP# 1-196, Instructional Technology, for the School Division's match for the Instructional Technology Replacement Cycle (on-line SOL testing); (b) $1,350,000 to CIP# 1-218, Kempsville Meadows Elementary School Modernization; (c) $250,000 to CIP# 1-011, Equipment and Vehicle Replacements, for elementary math and reading materials; and (d) $250,000 to CIP~ 1-074, Renovations and Replacements - Various, for various repair and maintenance projects. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $6,662,282 of Virginia Beach Public School Reversion Funds from FY 1999-00 are hereby appropriated from the General Fund balance to the FY 2000-01 Capital Budget in the amounts and to the projects as set forth below: (a) $1,875,000 to CIP# 1-237, City/School Human Resources/Payroll System; (b) $1,339,282 to CIP# 1-217, Woodstock Elementary School Modernization Program; (c) $1,200,000 to CIP# 1-011, Equipment and Vehicle Replacements, to reduce purchases of replacement buses in the FY 00/01 Operating Budget; (d) $650,000 to CIP# 1-196, Instructional Technology, for classroom data drops for instructional technology; ~ (e) $550,000 to CIP# 1-074, Renovations and Replacements - Various, for elementary school security cameras; (f) $300,000 to CIP# 1-074, Renovations and Replacements - Various, to replace telephones; 90 91 92 ~93 96 97 98 99 100 101 102 103 104 105 107 108 109 110 111 112 113 114 115 116 117 119 120 121 122 123 124 125 126 127 128 129 0 131 (g) $250,000 to CIP# 1-195, Student Data Management System, for a student database system; (h) $250,000 to CIP# 1-196, Instructional Technology, for equipment, materials and supplies in the Technology Department; (i) $175,000 to CIP# 1-195, Student Data Management System, for the Special Education module for the Student Data Management System; and (j) $73,000 to CIP# 1-074, Renovations and Replacements - various, for Infrastructure Improvements to middle school language labs. 2. That $3,890,538 of Revenue Sharing Formula Funds are hereby appropriated from the General Fund balance to FY 2000-01 Capital Budget in the amounts and to the projects as set forth be 1 ow: (a) $2,040,538 to CIP# 1-196, Instructional Technology, for the School Division's match for the Instructional Technology Replacement Cycle (on-line SOL testing); (b) $1,350,000 to CIP# 1-218, Kempsville Meadows Elementary School Modernization; (c) $250,000 to CIP# 1-011, Equipment and Vehicle Replacements, for elementary math and reading materials; and (d) $250,000 to CIP# 1-074, Renovations and Replacements - Various, for various repair and maintenance projects. Adopted by the Council of the City of Virginia Beach, Virginia, on the /~_~C day of ~ , 2000. Requires an affirmative vote by a majority of the members of City Council. CA7896 F:\Data\ATY\Ordin\NONCODE\schools revenue sharing.ord.wpd November 7, 2000 R-4 Approved as to Content: Approved as to Legal Sufficiency: ty Attorney's Office Item V-110. - 38- RESOL UTIONS/ORDINANCES ITEM # 47662 Upon motton by Vice Mayor Sessoms, seconded by Councilman Harrison, Ctty Counctl ADOPTED, AS RE VISED: Or&nance to TRANSF.'EP, APPROPRIATE $250,000 from E- 911Commumcattons Spectal Revenue Fund to Pubhc Safety Emergeno' Communications re intelligent workstations to comply with the Americans 14,'tth Dtsabthttes Act (TDD) Voting 11-0 (By Consen0 Councd Members Voting Ave Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wdson Councd Members Vottng Nay None Councd Members Absent None danuary23, 2001 AN ORDINANCE TO TRANSFER $250,000 FROM FI/ND BALANCE OF THE E-911 COMMUNICATIONS SPECIAL REVENUE FUND TO CIP #3-009, PUBLIC SAFETY EMERGENCY COMMUNICATIONS SYSTEM, FOR THE PURPOSE OF INSTALLING INTELLIGENT WORKSTATIONS TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT WHEREAS, the City's emergency computer-aided dispatch system 9 requires the installation of intelligent workstations to comply with 10 the Americans with Disabilities Act ("ADA"); and 11 WHEREAS, of the funding required, $286,634 is currently 12 available in CIP #3-009, Public Safety Emergency Communications 13 System, and the remaining $250,000 is available to be transferred from 14 the fund balance of the E-911 Communications Special Revenue Fund. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 17 That funds in the amount of $250,000 are hereby transferred 18 from the fund balance of the E-911 Communication Special Revenue Fund 19 to CIP #3-009, Public Safety Emergency Communications System, for the 20 purpose of installing intelligent workstations necessary to comply 21 with the Americans with Disabilities Act. 22 23 Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rdof January , 2001. 24 25 26 27 CA7957 F:~Data\ATY\Ordin\NONCODE\emergency com.ord.wpd January 16, 2001 R-4 28 29 30 31 APPROVED AS TO CONTENT: [ Manag~meJ~ Services APPROVED AS TO LEGAL SUFFICIENCY: City Attorney'~Offic~ - 39- Item V-111. RESOL UTIONS/ORDINANCES ITEM # 4 7663 B Y CONSENSUS, Ctty Counctl REMOVED FROM THE AGENDA Ordtnance to authortze a temporary encroachment tnto a portion of the rtght-of-way known as 22m~ Street by ROCKET ENTERPRISES LLC. (DISTRICT 6- BEACH) January 23, 2001 - 40- Item V-112. RESOL UTIONS/ORDINANCES ITEM # 4 7664 Upon motton by Vice Mayor Sessoms, seconded by Councdman Harrtson, Czty Councd ADOPTED: Refunds a Ltcenses b Tax $12,684 39 $ 4,442 39 Vottng 11-0 (By ConsenO Councd Members Vottng Ave Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, dr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wdham D Sessoms, dr and Rosemary Wdson Council Members Voting Nay None Councd Members Absent None January23, 2001 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following apphcat~ons for I~cense refunds, upon cert~ficabon of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID EXCEL BUILDERS INC FIRST BANCORP MORTGAGE CORP KZK CORP LOFLIN BILLY P SR MARQUETTE DAVID MEDICAL REFERRAL SERVICES INC MILES OF SEAMLESS GUTTER INC RODRIGUEZ INCORPORATED SAVEIRA & ASSOCIATES INC SHIFLET HARVEY/MF ANDRASSY TOJ INC WALLCOVERS INC YUNGK ELIZABETH & DON R JR 12/07/00 AUDIT 800 31 96 90 897 21 12/20/00 AUDIT 2,130 34 340 65 2,470 99 12/15/00 AUDIT 0 90 0 00 0 90 12/18/00 AUDIT 98 51 0 00 98 51 12/07/00 AUDIT 302 64 54 22 356 86 12/19/00 AUDIT 503 59 42 78 546 37 12/18/00 AUDIT 123 77 3 46 127 23 12/21/00 AUDIT 210 17 0 00 210 17 12/21/00 AUDIT 16 67 7 74 24 41 12/12/00 AUDIT 766 69 0 00 766 69 12/20/00 AUDIT 391 90 32 65 424 55 12/20/00 AUDIT 44 56 21 12 65 68 12/13/00 AUDIT 125 18 19 79 144 97 Com~l'ss~on~r of ~e Revenue Th~s ordinance shall be effective from date of adopbon The above abatement(s) totaling C~ty of V~rg~ma Beach on the 6,134 54 23rd were approved by the Councd of the day of January ,2001 Ruth Hodges Smith C~ty Clerk FORM NO C A 8 REV 3186 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following apphcat~ons for hcense refunds, upon certification of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID BAY BEACH FAMILY MEDICINE LTD CAPITAL INDUSTRIAL SUPPLY FIRST COLONIAL LP FOTEK CORPORATION LESSAR JUDY & HARRY MCELWEE F DANIEL FORMOSA INC LEONARD JEFFREY W MORRISON MARSHALL W DR YOUNG INDUSTRIES INC 12/07/00 AUDIT 83 00 22 85 105 85 12/12/00 AUDIT 989 67 82 44 1,072 11 12/12/00 AUDIT 18 71 1 57 20 28 12/08/00 AUDIT 1,054 72 235 20 1,289 92 12/18/00 AUDIT 598 28 34 10 632 38 12/07/00 AUDIT 21 82 4 71 26 53 12/07/00 AUDIT 370 33 46 91 417 24 12/07/00 AUDIT 680 48 63 16 743 64 12/18/00 AUDIT 1,524 72 127 01 1,651 73 12/12/00 AUDIT 502 30 87 87 590 17 Comm~onc~r of-t~e Revenue Th~s ordinance shall be effective from date of adoption The above abatement(s) totahng C~ty of V~rglma Beach on the 6,549 85 23rd were approved by the Councd of the day of January ,20 O1 Ruth Hodges Smith C~ty Clerk - 41 - Item V-K. PLANNING ITEM # 47665 1. COMMERCIAL INVESTMENT PROPERTIES AMENDMENT TO THE LAND USE PLAN 2. CHECKERED FLAG MOTOR CAR CO. CONDITIONAL CHANGE OF ZONING And CONDITIONAL USE PERMIT 3. SAIR ENTERPRISES, INC. CONDITIONAL USE PERMIT 4. GREATER SAINT ANDREWS A.M.E. CHURCH CONDITIONAL USE PERMIT 5. SNYDER 'S R V (DA VIS CORNER MOTORS, INC.) CONDITIONAL USE PERMIT 6. DEPARTMENT OF MENTAL HEAL TH, MENTAL RETARDATION and SUBSTANCE AB USE CONDITIONAL USE PERMIT 7. L UCOR, INC. CONDITIONAL USE PERMIT 8. BETTY M. SUNDIN CONDITIONAL CHANGE OF ZONING 9. CITY ZONING ORDINANCE AMEND §§ 203 and 230 of the/revise requirements off-street vehicularparkingfor churches in shopping centers. January23, 2001 - 42 - Item V-Iff PLANNING ITEM # 4 7666 Upon motton by Vice Mayor Sessoms, seconded by Counctlman Harrtson, Ctty Counctl APPROVED in ONE MOTION Items 1 (DEFERRED), 2 (WITHDRAWN), 3 (DEFERRED), 4, 5, 6, 7, 8 and 9 of the PLANNING AGENDA Item K 1 was DEFERRED INDEFINITEL Y, B Y CONSENT Item K 2 was WITHDRAWN, BY CONSENT Item K 3 was DEFERRED, BY CONSENT, UNTIL THE CITY COUNCIL SESSION OF FEBRUARY 13, 2001. Vottng 11-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Voting Nay None Counctl Members Absent None January 23, 2001 Item V-K. 1. - 43 - PLANNING ITEM # 47667 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Harrtson, Ctty Counctl DEFERRED INDEFINITELY Or&nance upon apphcatton of COMMERCIAL INVESTMENT PROPERTIES, L.L. C. for an Amendment to the Green Run Land Use Plan ORDINANCE UPONAPPLICA TION OF COMMERCIAL INVESTMENT PROPERTIES, L L C FOR AN AMENDMENT TO THE GREEN RUN LAND USE PLAN TO ALLOWFUEL SALES IN CONJUNCTION WITH A CONVENIENCE STORE Ordtnance upon apphcatton of Commerctal Investment Properttes, L L C, for an amendment to the Green Run Land Use Plan to allow fuel sales tn conjunctton wtth a conventence store at the southwest tntersectton of Buckner Boulevard and S Rosemont Road (GPIN #1485- 65-6406) Satd parcel contams I 6 acres PRINCESS ANNE - DISTRICT 7 Vottng 11-0 (By ConsenO Counctl Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlltam D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None January 23, 2001 Item V-K.2. - 44 - PLANNING ITEM # 4 7668 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Harrtson, Ctty Counctl ALLOWED WITHDRAWAL, of the adverttsed RECONSIDERATION Ordmanees upon apphcatton of CHECKERED FLAG MOTOR CAR CO. fora Condmonal Change of Zomng and Condmonal Use Permtt AND, ORDINANCE UPON APPLICATION OF CHECKERED FLAG FOR A CHANGE OF ZONING DISTRICT CLASSIFICA TIONFROM R- ! 0 AND Bo2 TO CONDITIONAL B-2 Or&nance upon apphcatton of Checkered Flag for a Change of Zomng District Classtficatton from R-10 Restdenttal Dtstrtct and B-2 Communtty Bustness Dtstrtct to Condtttonal B-2 Communtty Busmess Dtstrtct on the west stde of North Lynnhaven Road, south of Vtrgtnta Beach Boulevard (GPIN #1497-35-4 783, #1497-35-4693) The proposed zontng classtficatton change to Condtttonal B-2 ts for commerctal land use The Comprehenstve Plan recommends the majortty of thts parcel for use as suburban residential~low densities that are compatible with stngle faintly use tn accordance wtth other plan pohctes Satd parcel ts located at 263 and 267 North Lynnhaven Road and contams 40, 0 75 square feet ROSE HALL - DISTRICT 3 ORDINANCE UPON APPLICATION OF CHECKERED FLAG FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES (EXPANSION) Or&nance upon apphcatton of Checkered Flag for a Conchttonal Use Permtt for motor vehtcle sales (expanston) on the west stde of N Lynnhaven Road, south of Vtrgmta Beach Boulevard (GPIN #1497-35- 4783, #1497-35-4693) Satd parcel ts located at 263 and 267 North Lynnhaven Road and contains 40,075 square feet ROSE HALL - DISTRICT 3 Vottng 11-0 (By Consent) Council Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Council Members Vottng Nay None Counctl Members Absent None January23, 2001 Item V-K. 3. - 45 - PLANNING ITEM # 4 7669 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Harrtson, Ctty Counctl DEFERRED to the City Council Session of FEBRUARY 13, 2001, Ordinance upon apphcatton of SAIR ENTERPRISES, INC.,for a Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF SAIR ENTERPRISES, INC FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SER VICE STATION IN CONJUNCTION WITH A CONVENIENCE STO~, AUTOMOTIVE ~PAIR AND AUTOMOTIVE STORAGE Ordtnance upon apphcatton of Satr Enterprtses, Inc for a Condtttonal use Permtt for an automobtle servtce statton tn conjunctton wtth a conventence store, automottve repatr and automottve storage at the northwest corner of South Lynnhaven Road and Sthna Drtve (GPIN #1497-10-7039) Satd parcel ts located at 3096 South Lynnhaven Road and contatns 41,599 8 square feet ROSE HALL - DISTRICT3 Vottng 11-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None January23, 2001 - 46- Item V-K. 4. PLANNING ITEM # 47670 Upon motton by Vtce Mayor Sessoms, seconded by Councthnan Harrtson, Ctty Counctl ADOPTED an Ordtnance upon apphcatton of GREATER SAINT ANDREWS A.M.E. CHURCH for a Condtttonal Use Permtt_for a church addttton ORDINANCE UPON APPLICATION OF GREATER ST ANDREWS A M E CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH ADDITION ROI O13024 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon apphcatton of Greater St Andrews A ME Church for a Condtttonal Use Permttfor a church addttton on property located on the east stde of MacDonald Road, south of Townsend Drtve (GPIN #1456-04-0178) Satd property ts located at 3008 MacDonald Road and contams 1 acre CENTER VILLE- DISTRICT 1 The followtng condtttons shall be requtred 1 Theparktng lot tmprovements must be tnstalled at the same ttme the second story addttton ts constructed An amendment to the 1991 detatled stteplan for the butldtng and parking lot tmprovements, along wtth stormwater management, landscaptng and utdtttes, must be submttted to the Development Servtces Center for revtew and approval prtor to tssuance of a bmldtng permtt for the second story addttton A vartance to the stdeyard setback for the second story addttton must be granted by the Board of Zontng Appeals or the stte plan must be revtsed to meet the requtred stde yard setback on the second story 4 Foundatton landscaptng must beprovtded along the frontage of the bmldtng factng MacDonald Road This Ordinance shall be effecttve tn accordance wtth Section 107 09 of the Zomng Ordinance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twenty-thtrd o_f danua~_ , Two Thousand One Vottng I 1-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vzce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None January23, 2001 Item V-K.$. -47- PLANNING ITEM # 47671 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Harrtson, Ctty Counctl ADOPTED Ordtnance upon apphcatton of SNYDER'S R V (Dams Corner Motors, Inc ) for a Condtttonal Use Permtt for motor vehtcle sales and rentals (RV sales) ORDINANCE UPON APPLICATION OF SNYDER'S R V (DAVIS CORNER MOTORS, INC ) FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES & RENTALS (RV SALES) R01013025 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon apphcatton of Snyder 's R V (Davis Corner Motors, Inc ) For a Condtttonal Use Permtt for motor vehtcle sales & rentals (RV sales) on the east of Newtown Road, north of Virginia Beach Boulevard Satd parcel ts located at 470 Newtown Road and contatnsl 305 acres DISTRICT 2 - KEMPSVILLE The followtng conchttons shall be requtred Parktng lot and foundatton landscaptng tn accordance wtth the Stte Plan Or&nance, Sectton 5A shall be tnstalled Extsttng landscaptng may be utthzed as part of the requtrement Street frontage landscaptng shall be tnstalled on the extsttng Vtrgtnta Beach Boulevard stte A landscape plan prepared accordtng to the Stte Plan Ordtnance, Sectton 5A and submttted to the Planntng Department's Development Servtces Center for revtew and approval before occupancy of the bmldmg The extsttng butlchng shall be patnted and matntatned tn a cream or earth tone color The apphcant shall obtatn all necessary permtts for alterattons to the butldtng and a certtficate of occupancy from the Planmng Department's Permtts and Inspecttons Office before occupytng the butldtng or conducttng sales on the stte Only one freestandtng stgn wtll be allowed for the combtned stte The stgn may be located on the Newtown Road portton of the site of the Vtrgtma Beach Boulevard portton The stgn shall be a monument-style stgn wtth a brtck base that complements the Newtown Road butldtng The apphcant may tnstall a stx-(6) foot htgh decorattve wrought tron fence ten(10)feetfrom the property hne parallel to Newtown Road and extendtng 25 feet into the property along the side property hnes The balance of the fencmg on the stte shall be black tone cham hnk In the ten-(lO)foot setback along Newtown Road, a mix of street trees, dense evergreen trees' such as Leyland Cypress or Deodar Cedar, and shrubs shall be planted If the apphcant does not choose to use the decorattve wrought tron fenctng wtth landscaptng as descrtbed tn thts conditton, then the onlyfenctng allowed on the stte shall be black tone chain hnk fenctng, whtch may not be tnstalled past the extsttng front butldtng wall January 23, 2001 Item V-K.$. - 48- PLANNING ITEM # 47671 (Continued) Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Or&nance Adopted by the Councd of the Ctty of Vtrgmta Beach, Vtrgmta, on the Twen~-thtrd qf Janua~, Thousand One Two Vottng 11-0 (By Consent) Councd Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and Rosemary Wdson Councd Members Vottng Nay None Councd Members Absent None January 23, 2001 Item V-K. 6. - 49 - PLANNING ITEM # 47672 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Harrtson, City Counctl ADOPTED an Ordtnance upon apphcatton of the DEPARTMENT of MENTAL HEAL TH, MENTAL RETARDATION and SUBSTANCE ABUSE SERVICES (MHMRSA)for a Condtttonal Use Permtt for a group home (recovery center) ORDINANCE UPON APPLICATION OF VIRGINIA BEACH DEPARTMENT OF MENTAL HEAL TH, MENTAL RETARDA TIONAND SUBSTANCE ABUSE SER VICES (MHMRSA) FOR A CONDITIONAL USE PERMIT FOR A GROUP HOME (RECOVERY CENTER) R01013026 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon apphcatton of Vtrgtnta Beach Department of Mental Health, Mental Retardatton and Substance Abuse Servtces for a Condtttonal Use Permtt for a group home (recovery center) on the west stde of Btrdneck Road, north of Amertcus Avenue (GPIN #24I 7-57-0096, #2417-56-6706) Satd parcel ts located at 411 Btrdneck Ctrcle and contatns 8 3 acres BEACH- DISTRICT 6 The followtng condtttons shall be reqmred The stte shall be developed tn accordance with the stte plan shown on the submttted drawtng, entttled "Schemattc Stte Plan and Floor Plans, Recovery Center, City of Vtrgtnta Beach," prepared by Paul Ftnch& Assoctates, P C, shown to Ctty Counctl and on file tn the Department of Planmng The Archttectural destgn of the butldtng shall be substanttally as shown on the submttted elevation drawings entitled "Schematic Elevattons, Recovery Center, Ctty of Vtrgtma Beach, "prepared by Paul Finch & Associates, P C, shown to Ctty Council and on file tn the Department of Planntng Category I landscaptng shall be provided along the western fence hne to shteld the extstmg apartment complex from the glare of car headhghts from vehtcles parkmg tn the space shown at the stde (south) entrance to the recovery center Addtttonal landscaping to better buffer this use from adjacent property should be provtded along the southern property hne The landscape plan must show addtttonal evergreen plant matertal tn thts area Detatls of the types and number of plants wtll be determtned by the Planning Dtrector durtng detatled stte plan review due to the existing stte constraints tncludtng the dttch and fence extsttng tn thts area Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 0') of the Zonmg Ordtnance Adopted by the Counctl of the City of Vtrgtnta Beach, Vtrgmta, on the Twent¥-thtrd of January, Thousand One Two ,January 23, 2001 Item V-K. 6. - 50- PLANNING ITEM # 47672 (Continued) Voting ] 1-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemaw Wdson Counctl Members Vottng Nay None Counctl Members Absent None January23, 2001 Item V-K. 7. - 51 - PLANNING ITEM # 47673 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Harrtson, Ctty Counctl ADOPTED Or&nance upon apphcatton ofL UCOR, INC.,for a Condmonal Use Permit for an automotive servtce center (.lt./'& Lube) ORDINANCE UPON APPLICATION OF LUCOR, INC FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOTIVE SERVICE CENTER (JIFFY LUBE) R01013027 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon apphcatton of Lucor, Inc for a Conchttonal Use Permit for an automottve servtce center (Jtffy Lube) at the northeast mtersectton of Vtrgtnta Beach Boulevard and Old Vtrgmta Beach Boulevard (GPIN #1487-95-1262) Satd parcel ts located at 3292 Vtrgmta Beach Boulevard and contams 17,38044 square feet LYNNHAVEN - DISTRICT 5 The following condition shall be reqmred No outstde storage of vehtcles, auto parts or ttres wtll be permttted All service work on vehtcles shall be performed tnstde the butldtng The stdewalk shown adjacent to the parktng area shall be extended to connect to the extsttng stdewalk on Vtrgtnta Beach Boulevard The stte shall be developed substanttally tn accordance wtth the stte plan, and buddtng elevattons presented to Ctty Counctl wtth the use permtt and on file tn the Planntng Department The stgn shall be no larger than 75 square feet maxtmum and shall be substanttally tn conformance wtth the rendermg presented to Ctty Counctl wtth the use permtt and on file in the Planntng Department Thts Ordinance shall be effecttve tn accordance with Section 107 (_/) of the Zomng Ordinance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgmta, on the Twenty-thtrd qf Janua~_ , Thousand One Two January23, 2001 Item V-K. 7. - 52 - PLANNING ITEM # 4 76 73 (Continued) Votmg 11-0 (By Consen0 Council Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham PV Harrtson, Jr, Barbara M Henley, Louts R dones, Reba S McClanan, Robert C Man&go, dr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor PVdham D Sessoms, dr and Rosemary ~tlson Counctl Members Vottng Nay None Counctl Members Absent None January23, 2001 Item V-K. 8. - 53 - PLANNING ITEM # 4 76 74 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Harrtson, Ctty Counctl ADOPTED Ordtnance upon apphcatton of BETTY M. SUNDIN for a Condtttonal Change of Zomng ORDINANCE UPON APPLICATION OF BETTY M SUNDIN FOR A CHANGE OF ZONING FROM 0-2 TO CONDITIONAL B-2 ZO1 O11192 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon apphcatton of Betty M Sun&n for a Change of Zomng Dtstrtct Classtficatton from 0-2 Office Dtstrtct to Condtttonal B-2 Commumt¥ Bustness Dtstrtct on the south stde of Lasktn Road, east oJ Freemac Drtve The proposed zomng classtficatton change to Condtttonal B-2 ts for retail land use The Comprehenstve Plan recommend use of thts parcel for suburban restdenttal/medtum and htgh denstty at denstttes that are compattble wtth restdentzal use tn accordance wtth other Plan pohctes Said parcel ts located at 1385 Lasktn Road and contatns 20,500 square feet LYNNHAVEN - DISTRICT 5 The followtng condttton shall be requtred 1 An Agreement encompasstngproffers shall be recorded wtth the Clerk of Ctrcutt Court Thts Ordtnance shall be effecttve tn accordance with Sectton 107 (JO of the Zontng Ordtnance Adopted by the Counctl of the City of Vtrgtnta Beach, Vtrgtnta, on the Twent_¥-thtrd of Janua~_ , Thousand One Two Vottng 11-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None January 23, 2001 fORM NO P S tB Cit~- o£ ¥ir~inia l:::leac:h ZIY'T'ER-OFF~CE CORRESPOlY'DE~4CE In Reply Refer To Our File No. DF-$285 DATE: FROM: DEPT: January 10, 2001 TO: Leslie L. Lilley DEPT: City Attorney William M. Macali ~/~ Conditional Zoning Application Betty M. Sundin City Attorney The above-referenced conditional zoning application is scheduled to be heard by the City Council on January 23, 2001. I have reviewed the subject proffer agreement, dated August 15, 2000, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WMM Enclosure PHrS'gl,~f 0 BY ,~DSON ,~IA BEACH VIRGINIA THIS AGREEMENT, made as of the 15th day of August, 2000 by and BETTY M. SUNDIN, individually and as Manager of THE SUNDIN DENTAL CENTER, L.L.C., a Virginia limited liability company, the owner of the Property described on Exhibit "A" attached hereto (hereinafter collectively referred to as "Grantor"); and the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WITNESSETH: WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Grantor's property from 0-2 (Office District) to B-2 (Community Business District) on certain property which contains a total of 20,500 square feet, more or less, located in City of Virgima Beach, Virginia, more particularly described in the attached Exhibit "A" (hereinafter the "Property"); and WHEREAS, the Grantee's policy is to provide only for the orderly development of various purposes, including residential and commercial purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, ~ncluding those listed above, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned B-2 are needed to cope w~th the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zomng Map, in addition to the regulations provided for in the existing B-2 zoning district by the existing C~ty's Zomng Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, ali of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and GPIN NO. 2417-29-0029-0000 PREPARED BY STALLINGS AND RICHARDSON, P.C. STALLINGS AND HCHARDSON IRGINIA BI'ACH VIRGINIA WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, thc Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property if developed for a use permitted under the B-2 zoning classification, and hereby covenant and agree that these Proffers shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. Approximately 900 square feet of the 4,854 total square feet of the building on the Property, will be used to operate a wholesale business known as "Dealers' Choice Antiques" ("new business") which will sell antique furniture and decorative arts to other dealers and decorators. The new business will be open by appointment only. The remaining space shall continue to be used as GPIN NO. 2417-29-0029-0000 PREPARED BY STALLINGS AND RICHARDSON, P.C. ~TA//INC~S AN ~ HAI~DSON INIA ~1=' ACH VII~GINIA Dental offices. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, In force as of the date the conditional zoning amendment is approved by the Grantee. Further conditions may be required by the Grantee during detailed S~te Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to adm~mster and enforce the foregoing cond~uons, including (i) the ordering in writing of the remedying of any noncomphanee with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the City Zoning Ordinance or this Agreement, the Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the 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 Virg~ma Beach, Virginia, and indexed in the name of the Grantor and Grantee. WITNESS the following signatures and seals: Betty M. Sundin, Manager GPIN NO. 2417-29-0029-0000 PREPARED BY STALLINGS AND RICHARDSON, P.C. 3 STALLINGS AND RICHARDSON VIRGINIA BEACH VIRGINIA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ~ dayof~~ , 2000 by Betty M. Sundin, Manager of Sundin Dental Center, L.L.C., a V~rg~ma hmaed hability company. Notary Public My commission expires: [,,q-~,/.-.¢O0 ~ GPIN NO. 2417-29-0029-0000 PREPARED BY STALLINGS AND RICHARDSON, P.C. PRENRKD BY STALLINGS AN~ -IARDSON ~NIA BEACH VIRGINIA EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY TO BE REZONED ALL THAT certain lot, piece or parcel of land, lying, situate and being in thc City of Vlrgima Beach, Virginia, and being known, numbered and designated as Lot Two (2), as shown on that certain plat entitled "Fremac Lake Shores" made by Frank H. Gay, C.E., dated September, 1956, and duly recorded in the Clerk's Office of the Circuit Court of said City in Map Book 42, at Page 28. GPIN NO. 2417-29-0029-0000 PREPARED BY STALLINGS AND RICHARDSON, P.C. Item V-K. 9. - 54- PLANNING ITEM # 47675 Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Harrtson , Ctty Counctl ADOPTED Or&nance to AMEND ~3q 203 and 230 of the Ctty Zomng Ordtnance (CZO) to revtse the requtrements of off-street vehicular parking for churches tn shopptng centers and to clartfy such requtrements for uses permttted pursuant to a Condtttonal Use Permtt Vottng 11-0 (By Consent) Counctl Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Voting Nay None Counctl Members Absent None January23, 2001 AN ORDINANCE TO AMEND THE CITY ZONING ORDINANCE BY REVISING THE REQUIREMENTS FOR OFF-STREET VEHICULAR PARKING PERTAINING TO CHURCHES IN SHOPPING CENTERS AND CLARIFYING SUCH REQUIREMENTS FOR USES PERMITTED PURSUANT TO A CONDITIONAL USE PERMIT SECTIONS AMENDED: CITY ZONING ORDINANCE SECTIONS 203 AND 230 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 11 That Sections 203 and 230 of the City Zoning Ordinance are 12 hereby amended and reordained to read as follows: 13 Sec. 203. Off-street parking requirements. 14 (a) The following specified uses shall comply with the 15 off-street parking requirements designated therefor: 16 17 (7) Churches: At least one (1) space per five (5) seats or bench 18 seating space in the main auditorium; provided, however, that 19 the requirement for any church located in a shoppinq center 2O shall be as specified in the conditional use permit allowing 21 such church. 22 23 (33) ( 1 ) Shopping centers containing more than eight ( 8 ) 24 individual uses or businesses and located on a zoning lot 25 five (5) to ten (10) acres in size shall have a total of: 26 a. One (1) space per two hundred (200) square feet of 27 floor area of all uses except restaurants, churches 28 and theaters; 29 b. One (1) space per two hundred (200) square feet of 3O 31 floor area of restaurants and theaters occupying, in the aggregate, ten (10) percent or less of the 32 total floor area of the shopping center; 33 c. One space per seventy-five (75) square feet of 34 floor area of restaurants in excess thereof; and 35 d. One space per one hundred (100) square feet of 36 floor area of theaters in excess thereof; 37 (ii) Shopping centers containing more than eight (8) 38 individual uses or businesses and located on a zoning lot 39 ten (10) to thirty (30) acres in size shall have a total 4O of: 41 a. One space per two hundred (200) square feet of 42 floor area of all uses except restaurants, churches 43 and theaters; 44 b. One space per two hundred (200) square feet of 45 floor area of restaurants and theaters occupying, 46 in the aggregate, ten (10) percent or less of the 47 total floor area of the shopping center; 48 c. One space per seventy-five (75) square feet of 49 floor area of restaurants in excess thereof, and 50 d. One space per one hundred (100) square feet of 51 floor area of theaters in excess thereof; 52 (iii) Shopping centers containing more than eight (8) 53 individual uses or businesses and located on a zoning lot 54 greater than thirty (30) acres in size shall have a total 55 of: 56 a. One space per two hundred (200) square feet of 57 floor area of all uses except restaurants, churches 58 and theaters; 59 b. One space per two hundred (200) square feet of 60 floor area of restaurants and theaters occupying, 61 in the aggregate, fifteen (15) percent or less of 62 the total floor area of the shopping center; 63 c. One space per seventy-five (75) square feet of 64 floor area of restaurants in excess thereof; and 65 d. One space per one hundred (100) square feet of 66 floor area of theaters in excess thereof; 67 (iv) Notwithstanding the foregoing provisions, in the event 68 the total parking requirement of the individual uses 69 within a shopping center is less than that required 7O pursuant to (i) or (ii) hereinabove, the lesser 71 requirement shall apply; 72 (v) Any provision to the contrary notwithstanding, the 73 parking requirement for shopping centers with more than 74 five hundred thousand (500,000) square feet of gross 75 leasable area shall be four and one-half (4.5) spaces per 76 one thousand (1,000) square feet of gross leasable area, 77 regardless of the mix of uses within the shopping center, 78 provided the following circumstances apply: 79 a. The shopping center in its entirety is zoned either 80 B-2, B-3, or B-3A; 81 b. The gross leasable area to which this section 82 applies must either be all on the same zoning lot 83 or all in one continuous building; and 84 c. The shopping center must be served by mass transit. 85 86 (35) Uses permitted undcr pursuant to a conditional use permit~ 87 shall comply with the specific off-street parking requirement~ 88 attachcd to specified in the conditional use permit; provided, 89 however, that if no such requirement is specified therein, the 9O applicable requirement shall be as set forth in this section. 91 Sec. 230. Churches. 92 In addition to general requirements, the following special 93 requirements and limitations shall apply to churches in districts 94 in which they are generally permitted: 95 (a) Minimum lot area. The minimum lot area for churches shall 96 be three (3) acres. 97 (b) Off-street parking. At least one (1) space per five (5) 98 seats or bench seating spaces in the main auditorium~ 99 provided, however, that the requirement for any church 100 located in a shoppinq center shall be as specified in the 101 conditional use permit allowinq such church. 102 Adopted by the City Council of the City of Virginia Beach, 103 Virginia, on this 23rd day of January, 2001. 104 105 106 107 CA-7901 wmm/ordres/churchparkingord.wpd R-1 November 2, 2000 AGENDA ITEM #14 1 AMENDMENT TO THE CITY ZONING ORDINANCE (Sections 203 and 230) BACKGROUND December 13, 2000 One of the more recurring types of zoning appl~cabon of late has been for churches ~n shopping centers Under current zoning regulabons, the parking requirement for all churches (whether located ~n a shopping center or otherwise) ~s one space per five seats The proposed amendments would ehm~nate that requirement and replace ~t w~th a much more flexible one PROPOSED AMENDMENT(S) Amend Sections 203 and 230 of the CIty Zoning Ordinance, rewsing the requirements of off-street vehicular parking for churches ~n shopping centers and clarifying such requirements for uses permitted pursuant to a cond~bonal use permit The amendments accomplish the following (1) establish that the parking requirement for a church located ~n a shopping center ~s to be specified by the C~ty Council ~n the cond~bonal use permit allowing such church (l~nes 18-21 and 99-101), (2) delete such churches from the calculabon of parking requirements ~n shopping centers (l~nes 27, 42 and 57), and (3) clarify that the parking, requirement for conditional uses ~s that which ~s specified ~n the cond~honal use permit, and that ~f no such requirement ~s specified ~n the use permit, the requirement ~s as set forth ~n Secbon 203 (l~nes 86-90) EVALUATION The proposed amendments are recommended for approval PC Agenda, December 13, 2000 - Page 14- I Item # 14 City of Virginia Beach Ordinance to amend Sections 203 and 230 of the City Zoning Ordinance December 13, 2000 CONSENT AGENDA Cheryl Avery-Hargrove: The next agenda item is item//14. That is the City of Virginia Beach. An ordinance to amend Sections 203 and 230 of the City Zoning Ordinance revising the requirements of the off-street vehicular parking for churches and shopping centers and clarifying those requirements as regards to use permits. Would either our attorney or department head like to make further remarks with regard to that amendment proposal? Bob Scott: I will make a comment to clarify. This was a matter that was referred to you by the City Council. And I think that the issue is particularly related to the presence or the proposal of churches in existing shopping centers. We have had a large number of them. And it occurs to the Council that there are particular parking considerations that apply to them that don't apply to other churches and I think that the intent is to have us address those issues in a way that is appropriate to the circumstances and possibly saving some applicants a trip to the Board of Zoning Appeals, also I will comment to you that, that just because it says that we need to set the conditions at the time the use permit is applied for doesn't mean that we are standard less, to use a phrase that has been used a lot, lately, we need to make sure that we are consistent in the way that this is applied and at the same time sensitive to the individual circumstances that come us. So, it presents a challenge but I think this is the better way to go. I think that Council has a good idea on this and we will work with the applicants as they come in on a case by case basis to see if we can address the parking situation that they have in the best possible way. Cheryl Avery-Hargrove: Thank you Mr. Scott. Is there any opposition to this consent agenda item. There being none, Mr. Chair, I would move that we approve the consent agenda items as read with the exception of numbers 13 and 15 that have been removed for hearing. Those items are #1, item #2, #3, item #6 and #7, item #11 and #12, item #14 and item #20 with the conditions as stated. Betsy Atkinson: Mr. Salle'. I am going to have to abstain from items//6 and//7. Mr. Scott is my husband. Charlie Salle: Can I get a second? Motion by Cheryl Avery-Hargrove seconded by Don Horsley to approve the consent agenda. And Mr. Miller you need to abstain. Robert Miller: I need to abstain also from items//6 and #7. Mr. Scott is not my husband, my firm is working on that project. AYEll NAY0 ABS0 NOT VOTING0 BAUM AYE MILLER AYE BRADLEY AYE SALLE AYE DIN AYE VAKOS AYE ROSENBLATT AYE ATKINSON AYE HORSLEY AYE AVERY-HARGROVE AYE RIPLEY AYE Charlie Salle': By a vote of 11 to 0 you have approved the consent agenda with Betsy Atkinson and Bob Miller abstaining on items #6 and #7. - 55 - Item V-L. 1. APPOINTMENTS ITEM # 47678 B Y CONSENSUS, Ctty Counctl RESCHEDULED thefollowtng APPOINTMENTS HUMAN RIGHTS COMMISSION VIRGINIA BEA CH HEAL TH SER VICES AD VISOR Y BOARD January 23, 2001 - 56- Item V-O ADJOURNMENT ITEM # 4 7679 Mayor Meyera E Oberndorf DECLARED the Ctty Counctl Meettng ADJOURNED at 10:40 P.M. Hooks, CMC Chtef Deputy Ctty Clerk __ Ctty Clerk Meyera E Oberndorf Mayor Ctty of Vtrgmta Beach Vtrgtnta .January23, 2001 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS O H M B A C M E S DATE January 23, 2001 B R H J C A R P E W PAGE 1 R R E O L N N A S I A E I N N A D D R S L N U S L E N I O K O S AGENDA C R O E S A G R E M O ITEM # SUBJECT MOTION VOTE H E N Y N O F R S N FIVE YEAR FORECAST Cather~n R NEEDS~RESOURCES - WhResell, D~r CITY COUNCIL/ C~ty Mgmt Serv SCHOOL BOARD V~ctona Lew~s, School Chf F~n Officer I BRIEFINGS A BOARDWALK TRAM Dale Casteilow, Trans Plan Cord B LANDSCAPE/SIGN Karen Lasley, ORDINANCE Zoning Admm C REDWING GOLF Sara L Hensley, COURSE/PARKS & REC Dir, Parks & Rec COMMISSION REPORT II/Ill/ CERTIFICATION/CLOSED SESSION CERTIFIED 11-0 Y Y Y V Y Y Y Y Y Y Y IV/V/ E F MINUTES - January 9, 2001 APPROVED 11-0 Y Y Y V Y Y Y Y Y Y Y G/H PRESENTATION ADD Memorial Tribute to former Councilman Don Mayor's Tribute ON Memck (deceased 1/01) ADD Recogmt~on/Tnbute to Congressman Owen Mayor's ON P~ckett for 29 yrs servtce tn local, state and Presentatton federal government I MAYOR'S CUP - Norfolk Ltghted Boat 6* yr Va Beach Parade participated/3rd yr tn successton to win cup · Mayor recogmzed the "Youth Leaders In Action" I PUBLIC HEARINGS I NIMMO PKWY/ATWOODTOWN RD Speakers/ Ordinance Scheduled for 2/6/01 @ 2PM 2 TAX EXEMPTION M E Cox Center for No Speakers Elderly Day Care, Inc J/l Resolutton to support legtslatton destgnat~ng ADOPTED BY 11-0 Y Y Y V Y Y Y Y Y Y Y M E. COX CENTER EXEMPT re CONSENT real/personal property taxation 2 Resolution re ~ssuance of IDRB: ADOPTED BY 11-0 Y Y Y V Y Y Y Y Y Y Y CONSENT L~feNet-Not to exceed $13 5-Mdhon 3 Reso~ubons to ENDORSE ADOPTED BY 11-0 Y Y Y V Y Y Y Y Y Y Y apphcabon to the Comm Trans CONSENT Bd for federal transportabon enhancement funds re a Ferry Plantabon House restoration - Phase I b Pungo Ferry Landing property acqms~bon for pubhc use c Cape Henry Extension Mulb- Purpose Trail CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS O H M B A C M E S DATE January 23, 2001 B R H J C A R P E W PAGE 2 R R E O L N N A S I A E I N N A D D R S L N U S L E N I O K O S AGENDA C R O E S A G R E M O ITEM # SUBJECT MOTION VOTE H E N Y N O F R S N 4 Resolution to ADOPT "Gutdehnes DEFERRED TO 11-0 Y Y Y V Y Y Y Y Y Y Y for Evaluaaon of Investment 2/6/01 BY CONSENT Partnerships" 5 Ordmance to ACCEPT/ ADOPTED BY 11-0 Y Y Y V Y Y Y Y Y Y Y CONSENT APPROPRIATE a $68,169 grant from the Va Criminal Justice to Pohce re domestic violence unit 6 Ordinance to ADOPTED BY 11o0 Y Y Y V Y Y Y Y Y Y Y ACCEPT/APPROPRIATE $6,836 CONSENT from Va "Two-for-Llfe"(EMS) re defibrillators 7 Ordinance to ACCEPT/ ADOPTED BY 11-0 Y Y Y V Y Y Y Y Y Y Y CONSENT APPROPRIATE a $5,000 grant from the Va Comm for Arts to Museums/Cultural Arts re local art activities/projects 8 Ordinance to AMEND [3rd ADOPTED BY 11-0 Y Y Y V Y Y Y Y Y Y Y Amendment] the Landfill Gas CONSENT (LFG) Agreement re royalties/well fielcL/assignment of' rights/authorize necessary documents 9 Ordinance to TRANSFER ADOPTED BY II-0 Y Y Y V Y Y Y Y Y Y Y $1,173,000 FY 2000-01 School CONSENT (CIP) El sch securlty camera $550,000 Replace phones $300,000 Infrastructure Lmpr middle school lang labs $ 73,000 Repair/maintenance pro3 $220,000 Custodial equip rep $ 30,000 10 Ordmance to APPROPRIATE Ordinance 11-0 Y Y Y V Y Y Y Y Y Y Y $250,000 from to Pubhc Safety aevtsea ADOPTED BY Emergency Communications re CONSENT workstations to comply with TDD l 1 Ordinance to authorize a temporary REMOVED B Y C O N S E N S U S encroachment into portion of the FROM AGENDA r-o-w 22nd St by ROCKET ENTERPRISES LLC (DISTRICT 6 - BEACH) 12 Refunds ADOPTED BY l 1-0 Y Y Y V Y Y Y Y Y Y Y CONSENT a Licenses $12,684 39 b Tax $ 4,442 39 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS O H M B A C M E S DATE January 23, 2001 B R H J C A R P E W PAGE 3 R R E O L N N A S I A E I N N A D D R S L N U S L E N I O K O S AGENDA C R O E S A G R E U O ITEM # SUBJECT MOTION VOTE H E N Y N O F R S N K/1 COMMERCIAL INVESTMENT DEFERRED 11-0 Y Y Y V Y Y Y Y Y Y Y INDEFINITELY PROPERTIES, AMENDMENT to BY CONSENT Green Run Land Use Plan to allow six gasoline pumps with convenience store Buckner Boulevard/S Rosemont Road (PRINCESS ANNE - DISTRICT 7) 2 CHECKERED FLAG MOTOR ALLOWED 11-0 Y Y Y V Y Y Y Y Y Y Y CAR CO. at 263/267 N Lynnhaven WITHDRAWAL BY CONSENT Road ( DISTRICT 3 ROSE HALL) a COZ from R-10/B-2 to Conditional B-2 b CUP motor vehtcle sales (expansion) 3 SAIR ENTERPRISES, INC. CUP DEFERRED TO 11-0 Y Y Y V Y Y Y Y Y Y Y auto servtce statton w~th 2/13/01 @ 2PM BY CONSENT convemence store/auto repair~ storage at 3096 S Lynnhaven Rd (DISTRICT 3 - ROSE HALL) 4 GREATER SAINT ANDREWS APPROVED, 11-0 Y Y Y V Y Y Y Y Y Y Y A.M.E. CHURCH CUP church CONDITIONED, BY CONSENT addltton/3008 MacDonald Road (DISTRICT 1 - CENTERVILLE) 5 SNYDER'S RV (Davis Comer APPROVED, 11-0 Y Y Y V Y Y Y Y Y Y Y Motors, Inc ) CUP motor vehzcle CONDITIONED, BY CONSENT sales/rentals (RV sales) 470 Newtown Road (DISTRICT 2 - KEMPSVILLE) 6 MHMRSA CUP group home APPROVED, 11-0 Y Y Y V Y Y Y Y Y Y Y (recovery center) 411 Blrdneck CONDITIONED, BY CONSENT C~cle (DISTRICT 6 - BEACH) 7 LUCOR, INC. CUP auto service ctr APPROVED, 11-0 Y Y Y V Y Y Y Y Y Y Y (Jiffy Lube) at 3292 Virginia Beach CONDITIONED, BY CONSENT Boulevard (DISTRICT 5 - LYNNHAVEN) 8 BETTY M. SUNDIN COZ from 0-- APPROVED, 11-0 Y Y Y V Y Y Y Y Y Y Y 2 to Condttlonal B-2 at 1385 Laskin CONDITIONED, - BY CONSENT Road (DISTRICT 5 - LYNNHAVEN) 9 Ordinance to AMEND §§ 203/230 ADOPTED BY 11-0 Y Y Y V Y Y Y Y Y Y Y CZO to rewse off-street vehicular CONSENT parking for churches in shopping centers/clarify uses permitted CUP L APPOINTMENTS: RESCHEDULED B Y C O N S E N S O S HUMAN RIGHTS COMMISSION VA HEALTH SERV ADVISORY BOARD M/N/ ADJOURNMENT 10 40 PM O/ SCHEDULE: RESOURCE MANAGEMENT PROCESS Topic I Location Date/T~me C~ty Manager's Proposed FY 2001-02 Resource Management Presentation' March 27th Plan Counctl Chamber Economic Vitahty/Safe Community/Policy & Demsion Support Workshop' Conference April 3rd Room Quahty Education for Lifetime Learning Workshop. Conference April 10th Room Proposed FY 2001-02 Resource Management Plan Pubhc Hearing: April 12th To Be Announced Quahty Physical Environment/Operational Support Workshop Conference April 17th Room Cultural & Recreational Opportunities/Family Youth Workshop: Conference April 24th Opportunities Room Proposed FY 2001-02 Resource Management Plan Pubhc Hearing' 2PM April 24th Counctl Chamber Reconciliation Workshop: Conference May 8th Room Resource Management Plan Counctl Chamber May 15th