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NOVEMBER 22, 1994 MINUTESCity oC Virginia Beach "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR WILLIAM D SESSOMS, JR.. At-Large JOHN A. BAUM, Blackwater Borough LINWOOD O. BRANCH, Ill, Virginia Beach Borough ROBERT K. DEAN, Princess Anne Borough W, W. HARRISON. JR,, Lynnhaven Borough BARBARA M. HENLEY. Pungo Borough LOUIS R. ]ONES, Bayside Borough ]OftN D. MOSS. At-Large NANCY K. pARKER, At-Large LOUISA M. STRAYHORN, Kerapsvitle Borough JAMES,i(. SPORE, City Manager LESLIE L. LILLEY, City Attorney RUTH HODGES SMITH, CMC / AAE, City Clerk CITY COUNCIL AGENDA OUR Nh 281 CITY ttALL BUILDING MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-9005 (804~ 427-4303 NOVEMBER 22, 1994 CITY MANAGER'S BRIEFINGS - Council Chamber - 3:30 PM HOMELESS SHELTER STRATEGY AND GRANT RESULTS Daniel Stone, Director, Social Services Andrew Friedman, Director, Housing and Neighborhood Preservation SANDBRIDGE SANITARY SEWER FORCE MAIN STUDY Clarence Warnstaff, Director, Public Utilities II. INFORMAL SESSION - Council Chamber - 5:00 PM B. C. D. CALL TO ORDER - Vice Mayor W. D. Sessoms, Jr. - Presiding ROLL CALL OF CITY COUNCIL CITY COUNCIL CONCERNS RECESS TO EXECUTIVE SESSION III. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Vice Mayor W. D. Sessoms, Jr. - Presiding B. INVOCATION: Reverend Walter A. Whitehurst Community United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION MINUTES 1. INFORMAL & FORMAL SESSIONS November 8, 1994 G. PUBUC HEARINGS GENERAL OBLIGATION BONDS - ISSUANCE OF $4,000,000 CAPITAL IMPROVEMENT PROGRAM -FY 1994-1995 INCREASES -$1,900,000 OPERATING BUDGET - FY 1994-1995 INCREASES - $11,564,452 H. ORDINANCES Ordinances re $4,000,000 General Obligation Bonds, (Charter Bonds), of the City of Virginia Beach, Virginia for various public facilities and general improvements: a. Authorize issuance of $4,000,000 General Obligation Bonds b. APPROPRIATE $4,000,000 of the 1994 CHARTER BONDS to the Virginia Marine Science Museum expansion project to reduce the Certificates of Participation by $4,800,000. Ordinance to establish Pool Corrosion CIP Project 4-963; to APPROPRIATE $1,900,000 from the General Fund Balance to finance the correction of corrosion problems at the City's recreation center indoor pools and related facilities; and, direct the City Attorney to take appropriate action to recover public funds and/or damages incurred. RESOLUTIONS Resolutions to program the Virginia Department of Transportation's (VDOT) urban system highway projects; and, that the City pay its share of the total costs: (Deferred 9/13/94 and 10/25/94) Improvement of Laskin Road from Birdneck Road to Pacific Avenue (Laskin Road, Phase II, ClP #2-165), a distance of approximately 1.0 miles. bo Improvement of Laskin Road from Route 44 to First Colonial Road (Laskin Road, Phase III, ClP #2-264), a distance of approximately 1.4 miles. Co Improvement of Ferrell Parkway from Landstown Road to North Courthouse Loop (Ferrell Parkway, Phase II, ClP #2-305), a distance of approximately 2.2 miles. Improvement of Ferrell Parkway from Princess Anne Road to General Booth Boulevard (Ferrell Parkway, Phase V, ClP #2-096), a distance of approximately 2.7 miles. J. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. Ordinance to APPROPRIATE $9,050 from the Fund Balance in the Francis Land House Trust Fund re operating and program expenses; and, purchase of period furniture for the Francis Land House. Ordinance to TRANSFER $45,785 from the DEA Shared Asset Reserve for Contingencies to the FY 1994-1995 Police Department DEA Operating Budget re purchase of three trained canine dogs and related equipment to expand the Canine Unit. K. PUBUC HEARING 1. PLANNING ao Application of McGINNIS REALTY & DEVELOPMENT COMPANY for a Change of Zoning District Classification from R-20 Residential District to R-10 Residential District (Amended from R-7.5) for single-family residential land use on lots no less than 7,500 square feet on the East side of General Booth Boulevard, 292.18 feet South of Red Mill Boulevard on parcel containing 11.1 acres (PRINCESS ANNE BOROUGH). Deferred: July 12, 1994 and August 9, 1994 Recommendation: APPROVAL Application of RAMON W. BREEDEN, JR. for a Change of Zoning District Classification from B-4 Resort Commercial District to R-5S Residential Single- Family District at the Southeast Intersection of South Military Highway and the Eastern Branch of the Elizabeth River (320 South Military Highway), containing 11.640 acres (KEMPSVILLE BOROUGH). Deferred: October 25, 1994 Recommendation: APPROVAL Application of BECO CONSTRUCTION, INC., for a Change of Zoning District Classification from 0-2 CommuniW Business District to R-7.5 Residential District at the Southeast corner of Shore Drive and Bayberry Street on Lots 58, 59, 108 and 109, Cape Story by The Sea, Section 1, containing 29,900 square feet (LYNNHAVEN BOROUGH). Recommendation: APPROVAL Application of HANDHOLD ASSOCIATES, a Virginia General Partnership, for a Change of Zoning District Classification from A-12 Apartment District to R-10 Residential District at the Southeast corner of Ferrell Parkway and Atwoodtown Road, containing 5.61 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL eo Application of SEA ESCAPE CORPORATION for a Conditional Change of Zoning District Classification from RT-1 Resort Tourist District to RT-2 Resort Tourist District at the Northeast and Southeast comers of the Atlantic Avenue and 17th Street intersections, containing 30,000 square feet more or less (VIRGINIA BEACH BOROUGH). Recommendation: APPROVAL Application of VIRGINIA CELLULAR UMITED PARTNERSHIP, CONTEL CELLULAR, INC., for a Conditional Use Permit for a 150-foot communications tower located 850 feet more or less West of General Booth Boulevard at a point 925 feet North of Dam Neck Road, containing 5.49 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL Application of VIRGINIA BEACH CHURCH OF CHRIST for a Conditional Use Permit for a church on the Southeast corner of Holland Road and Stoneshore Road (3420 Holland Road, Room #111 ), containing 1150 square feet (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL Application of VIRGINIA BEACH ECONOMIC DEVELOPMENT AUTHORITY for MODIFICATION OF CONDITIONS to allow additional permitted uses and develop a Village Center concept within a 24.0145 acre portion of the MXD2 District and described as: "AREA = 1,046,071 square feet 24.0145 Acres" on plat entitled "CORPORATE LANDING", LANGLEY AND MCDONALD ENGINEERS, PLANNERS, SURVEYORS", on the West side of General Booth Boulevard 11,800 feet more or less North of London Bridge Road (PRINCESS ANNE BOROUGH). Deferred for Sixty Days: September 27, 1994 Recommendation: APPROVAL Application of the CITY OF VIRGINIA BEACH to amend and reordain the COMPREHENSIVE PLAN re land use policies to comply with the Chesapeake Bay Preservation Act. Recommendation: APPROVAL L. UNFINISHED BUSINESS M. NEW BUSINESS 1. COUNCIL-SPONSORED ITEM: Ordinance to TRANSFER $10,000 from the General Fund Reserve for Contingencies to pay the City's membership in the PARTNERSHIP FOR URBAN VIRGINIA. (Sponsored by Mayor Meyera E. Oberndorf) N. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 11/17/94bap AGENDA\I 1-22-94.PLN CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS 0 S H B T A E S R DATE: November 22, 1994 B R H R P E A PAGE: 1 R R E J N A S Y B A D I N O M D R S H A N E S L N O O K O O AGENDA U C A O E E S R E M R ITEM # SUBJECT MOTION VOTE M H N N Y S S F R S N I BRIEFINGS: A HOMELESS SHELTER Daniel Stone, STRATEGY/GRANT RESULTS Dir Social Services and Andrew Friedman, Dir Housing & Neighborhood Preservation B SANDBRIDGE SANITARY SEWER Clarence FORCE MAIN STUDY Warnstaff, Dir Public Utilities II/C CITY COUNCIL CONCERNS lIVE CERTIFICATION OF EXECUTIVE CERTIFIED 10-0 Y Y Y Y Y Y Y A Y Y Y SESSION F MINUTES - November 8, 1994 APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y G/ PUBLIC HEARINGS: 1 GENERAL OBLIGATION BONDS - ISSUANCE OF $4,000,000 2 CIP - FY 1994-1995 INCREASES - $1,900,000 3 OPERATING BUDGET - FY 1994-1995 INCREASES - $11,564,452 I-I/1 Ordinances re $4,000,000 G O/Charter ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y Bonds of the City for various public facilities/general improvements: a. Authorize issuance of $4,000,000 G O Bonds b. APPROPRIATE $4,0O0,000 of 1994 Charter Bondl to Virginia Marine Science Museum expansion/reduce the Certificates of Participation by $4,800,000 2 Ordinance to establish Pool Deferred to 10-0 Y Y Y Y Y Y Y A Y Y Y Corrosion/APPROPRIATE $1,900,000 to 12/6/94 finance the correction of corrosion problems at City's recreation Indoor pools/direct the City Attorney to take appropriate action to recover public funds I/1/a Resolutions to program VDOT urban system highway projects/City pay its share of the total costs: (Deferred 9/13/94 and 10/25/94): Lsekln Road, Phase II, 1.0 miles ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y b Laskin Road, Phase III, 1.4 miles ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y c Ferrell Parkway, Phase II, 2.2 miles ADOPTED 5-4 Y Y N Y N A N A N Y Y B S T A I N E D d Ferrell Parkway, Phase V, 2.7 miles ADOPTED 6-4 Y Y N Y N Y N A N Y Y J/1 Ordinance to APPROPRIATE $9,050 in ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y Trust Fund re operating/program expenses/purchase of period furniture for the Francis Land House CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS 0 S H B T A E S R DATE: November 22, 1994 B R H R P E A PAGE: 2 R R E J N A S Y B A D I N O M D R S H A N E S L N O O K O O AGENDA U C A O E E S R E M R ITEM # SUBJECT MOTION VOTE M H N N Y S S F R S N 2 Ordinance to TRANSFER $45,785 from ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y DEA Shared Asset to Police Depart re purchase of three trained canine dogs/related equipment to expand the Canine Unit K/1/a McGINNIS REALTY/DEVELOP CO COZ DEFERRED 10-0 Y Y Y Y Y Y Y A Y Y Y from R-20 to R-lO (Amended from R- INDEFINITELY/ 7.5) on General Booth Boulevard/Red Mill Council Briefing Boulevard (PRINCESS ANNE to be Scheduled BOROUGH) Deferred July 12/August 8, 1994 b RAMON W. BREEDEN, JR. COZ from APPROVED 7-2 Y Y N A Y Y N A Y Y Y B-4 to R-5S at South Military B Highway/Eastern Branch of the Elizabeth S River (320 South Military Highway) T (KEMPSVlLLE BOROUGH) Deferred A October 25, 1994 I N E D ¢ BECO CONSTRUCTION, INC. COZ from APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y B-2 to R-7.5 at Shore Drive/Bayberry Street, Cape Story by the Sea (LYNNHAVEN BOROUGH) d HANDHOLD ASSOCl COZ from A-12 to APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y R-10 at Ferrell Parkway/Adwoodtown Road (PRINCESS ANNE BOROUGH) e SEA ESCAPE CORP Conditional COZ DEFER TO 9-0 Y Y Y Y Y Y Y A A Y Y from RT-1 to RT-2 at Atlantic 12/6/94 B Avenue/17th Street (VIRGINIA BEACH S BOROUGH) T A N E D f VIRGINIA CELLULAWCONTEL APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y Y CELLULAR, INC. CUP: 150-foot corem CONDITIONED tower at General Booth Boulevard/Dam Neck Road (PRINCESS ANNE BOROUGH) g VB CHURCH OF CHRIST CUP: church APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y Y at 3420 Holland Road, Room #111 CONDITIONED (PRINCESS ANNE BOROUGH) h VB ECONOMIC DEVELOPMENT ALLOWED 7-3 Y N Y N Y Y Y A Y Y N AUTHORITY: MODIFICATION OF WITHDRAWAL CONDITIONS to allow additional permitted uses/develop Village Center concept at CORPORATE LANDING on General Booth Boulevard/London Bridge Road (PRINCESS ANNE BOROUGH) i CITY to amend/reordain COMP PLAN re APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y land use poll¢iee to comply with the Chesapeake Bay Preservation Act. LJ White Paper to ADD Southern Watershed Council in Dec ON ADD Water Consumption Figures corrected 6,000 GPD per ON Household M/1/a COUNCIL-SPONSORED ITEM: Ordinance to TRANSFER $10,000 to pay ADOPTED 9-1 Y Y Y Y Y Y N A Y Y Y the City's membership in PARTNERSHIP FOR URBAN VIRGINIA (Sponsored by Mayor Meyera E. Oberndorf) ADD Sandbridge residents grateful to City Staff ON for expedient storm clean-up this past weekend CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS 0 S H B T A E S R DATE: November 22, 1994 B R H R P E A PAGE: 3 R R E J N A S Y B A D I N O M D R S H A N E S L N O O K O O AGENDA U C A O E E S R E M R ITEM # SUBJECT MOTION VOTE M H N N Y S S F R S N ADD Exception to Executive Session stated by ON Councilman Moss ADD Proposed Charter Amendments for 1995 To be scheduled ON General Assembly on 12/6/94 N ADJOURNMENT: 7:55 PM PUBLIC HEARING DECEMBER J3, 1994 2:00 PM Proposed Charter Amendments to 1995 General Assembly: a. Compensation for Council Members b. 2/3 Vote re Bond Referendum c. Office ol School Superintendent d. Election date of School Board e. Fees re Civil Actions f. High Constable g. Justice of the Peace MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 22, 1994 Vice Mayor William D. Sessoms, Jr. called to order the CITY MANAGER'S BRIEFINGS to the VIRGINL4 BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, November 22, 1994, at 3:30 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert IC Dean, Barbara M. Henley, Louis R. Jones, John D. Moss, Nancy IC Parker and Vice Mayor William D. Sessoms and Louisa M. Strayhorn Council Members Absent: Mayor Meyera E. Oberndorf William W. Harrison, Jr. [ON DIPLOMATIC/ECONOMIC DEVELOPMENT MISSION TO CHINA] [ENTERED: 3:36 P.M.] Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed there may be matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Central Fidelity Banlc The Vice Mayor regularly makes this Disclosure as he may or may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessorns' letter of September 27, 1994, is hereby made apart of the record. -2- CITY MANAGER'S BRIEFING HOMELESS SHELTER STRATEGY AND GRANT RESULTS 3:30 P.M. ITEM# 38566 Andrew Friedman, Director - Housing and Neighborhood Preservation, referenced the Homeless Shelter Strategy and Grant Results, which is hereby made a part of the record. The City has received authorization for an $800,000 grant that was sought to assist with providing shelter and services to homeless single individuals. Receipt of these funds awaits the completion of an application process to be determined by the Department of Housing and Urban Development. The Winter Shelter Emergency Program, operated by Volunteers of American, Inc. (VOA), area churches and synagogues, is being conducted again this year with the intake for the program being conducted at the Department of Social Services. According to HUD, the City can expect additional homeless funding to be awarded during the current fiscal year. HUD's proposal to consolidate all homeless funding was not approved by Congress, but HUD plans to reintroduce legislation that would consolidate this funding. In addition, total homeless funding available for this fiscal year, as authorized by Congress, will increase significantly and HUD intends to develop an allocation plan that may direct a significant amount of funding to the City. The City has received an award of $457,000 under the Shelter Plus Care Program that will provide housing subsidies to homeless mentally disabled individuals. The Policy Report makes the following recommendations: City Council authorize the City Manager to appoint a Homeless Advisory Board to develop recommendations for the use of the $800,000 grant received by the City and future Federal and State homeless funding The purpose of the Board shall be as follows: To develop recommendations for the use of the $800,000 award, including the identification of a site, the identification of special programs to be conducted at such site, the method by which the programs will be operated and the method by which funds will be awarded to an operating agency. 2. To identify current homeless assistance programs in the City and identify gaps that can be filled through the utilization of new federal homeless funds. 3. To make recommendations to City Council regarding the allocation of any new homeless funds to be received. The specific homeless population to be served are those members sleeping on the church fioors this past Winter. There is only one line of language in the Appropriations Bill, which states: "...for Capital costs associated with innovative homeless activities". The interpretation of this phrase will be dependent upon negotiations with HUD. November 22, 1994 -3- CITY MANAGER'S BRIEFING HOMELESS SHELTER STRATEGY AND GRANT RESULTS ITEM # 38566 (Continued) The City Manager will check on the status of Celebration Station relative utilization for Social Services and a Homeless facility. BY CONSENSUS, City Council concurred with the recommendations of City Staff and investigating the possibility of including Mother's, Inc. in an advisory capacity with the other aforementioned organizations. The proposed membership might also include two liaison representatives of City Council. November 22, 1994 -4- CITY MANAGER'S BRIEFING SANDBRIDGE SANITARY SEWER FORCE MAIN STUDY 3:45 P.M. ITEM # 38567 Clarence Warnstaff, Director of Public Utilities, advised this presentation, relative the Sandbridge Sanitary Sewer Force Main Study, only relates to that portion of the project designed to convey the wastewater away from the Sandbridge neighborhood and back into the public sanitary sewer system in order for the wastewater to be treated by the Hampton Roads Sanitation District, which is the regional authority for Southeastern Virginia receiving and treating the wastewater. Jim Richards, President - Maguire Associates, advised their firm was selected to study the Force Main Route serving the Sandbridge area. The purpose of the Study (Sandbridge Sewer CIP 6-931) was to determine the best source main route to serve the Sandbridge Beach area. With the utilization of slides, he advised the Evaluation Criteria included the issues related to (1) Institutional, (2) Environmental and (3) Engineering Economics. INSTITUTIONAL Health Department Hampton Roads Sanitation District Navy/Dam Neck Back Bay Wildlife Refuge ENVIRONMENTAL Water Quality/Creek Crossings Wetlands Cultural Resources Wildlife Habitat Hazardous Waste Mr. Richards distributed a color map of the Hampton Roads Sanitation District Master Plan. Said map is hereby made a part of the record. The Atlantic Treatment Plant has one major interceptor that goes into the plant. This one interceptor is rapidly reaching capacity. There is a need to build a second force main to serve both the Chesapeake and the Virginia Beach areas. This is depicted in "green" on the map. ENGINEERING AND ECONOMICS Route Initial Length Final Length Initial Cost Future Needs Life Cycle No. Costs I 10,400 LF 10,400 LF $1.20 mil City P.S. $1.97 mil 2 10,400 LF 10,400 LF $1.20 mil H.R.S.D. $1.36 mil Conn. 3 10,400 LF 19, 700 LF $1.20 mil 9,300 LF $ 2.23 mil City F.M 4 17,400 LF 17,400 LF $ Zll mil None $ 2.29 mil 5* 19,700 LF 19,700 LF $ 0 None $ 0.44 mil ~HRSD constructs all Force 3 fain November 22, 1994 -5- CITY MANAGER'S BRIEFING SANDBRIDGE SANITARY SEWER FORCE MAIN STUDY ITEM # 38567 (Continued) All alternative routes have begun at the Intersection of Sandbridge and Sandpiper Road. Approximately 85% of the flows at Sandbridge are regenerated below Sandbridge Road. Utilizing a 20" line seemed to be a conservative approach. Maps depicting all of the Routes identified on the above chart are hereby made a part of the record. After Public Meetings were conducted and comments received from citizens, the Department of Utilities requested examination of the off-site development potential. The area of primary interest was the area west of the Sandbridge Beach Area all the way over to Ashville Bridge Creek. POTENTL4L DEVELOPABLE LAND COMPREHENSIVE PLAN (Total Acres) Planned Land Unrestricted Method #1 Method #2 Method #3 Use Land Use (Above 4') (Non-Wetland) (Non-Hydric Soils) Suburban Estate 45 6 39 8 Residential (IR) Suburban Low 130 50 48 20 Density Residential (2R) Retail/Service 45 12 20 1 (2N) Totals 220 68 107 29 !, *Excludes Agricultural, Conservation Areas and BBWR land POTENTIAL DEVELOPABLE LAND EXISTING ZONING (Total Acres) Zoning Unrestricted Method #1 Method #2 Method #3 Development* (Above 4') (Non-Wetland) (Non-hydric Soils) AG-1 334 44 62 24 AG-2 82 11 66 3 B -2 45 12 20 1 R-10 4 1 0 0 R-15 101 6 0 0 Totals 566 74 148 28 *Excludes BBWR Proper November 22, 1994 -6- CITY MANAGER'S BRIEFING SANDBRIDGE SANITARY SEWER FORCE MAIN STUDY ITEM # 38567 (Continued) DEVELOPMENT POTENTIAL Comprehensive Plan Residential Commercial* Method #1 112 DUS 12,000 SF (Above 4') Method #2 108 DUS 20,000 SF (Non -Wetlands) Method #3 (Non-Hydric Soils) ~Based on Comp Plan Guidelines 45 DUS for Ndighborhood Shopping Cente 1,000 SF ,s @ Looo SF/ C DEVELOPMENT POTENTIAL Existing Zoning Residential Method #1 77 DUS 12,000 SF Method #2 128 DUS 20,000 SF Method #3 ~Bas ed on Comp Plan Guidelines 27 DUS "or Neighborhood Shopping Cente Commercial* 1,000 SF s @ LO00 SF/AC Maguire Associates recommends construction of Route No. 5 with Route No. 2 as Second Choice. Mr. Warnstaff cited the following reasons for their choice of Route No. 5. 1. From an Environmental prospective, a permit for the recommended route can be obtained from the Corps of Engineers. 2. 6. The proposed route recommended is consistent with the long range plans of the Hampton Roads Sanitation District. The proposed route is the lowest cost alternative available to Virginia Beach both in terms of the total life cycle cost and the lowest initial construction cost. (The initial construction cost to Virginia Beach is Zero because HRSD would build the force mains). The proposed route would have a temporary wetland impact of approximately 4 acres, which occurs during construction. The secondary effects of potential development along the proposed route is small. These effects range from 107 acres to 29 acres depending upon the methodology used to determine the amount of land that potentially could be developed. Correspondingly the number of dwelling units ranges from 4.5 to 112. With recommended route which would allow HRSDC to build the force mains through a City interest participation agreement, the estimated cost of a Sandbridge Sanitary Sewer Project 6-931, which is included in the CIP of $16.8- MILLION, could be reduced down to $15.6-MILLION. November 22, 1994 -7- CITY MANAGER'S BRIEFING SANDBRIDGE SANITARY SEWER FORCE MAIN STUDY ITEM # 38567 (Continued) The City Staff will prepare an agenda item for future City Council consideration that will authorize the City Manager to execute an Interest Participation Agreement with HRSD. In 1984, City Council adopted an Ordinance prohibiting the extension of public sanitary sewer to the Sandbridge area. This is an appropriate time to recommend the presentation of an Ordinance to rescind this aforementioned ADOPTED Ordinance, thus allowing the City Staff to proceed with the CIP project. The City has met with the Wildlife Refuge Manager and obtained from them their program of acquiring land. The City staff has performed a quick analysis to identify the future Refuge Acquisition Program, which appears to be in the range of 120 acres. The cost to purchase future acquisition lands is estimated to be approximately $250,000. Mr. Warnstaff advised the current capacity for the existing interceptor system and the treatment plant is 36-MILLION gallons per day. The flow in the interceptor and at the plant at this time is in the range of 28 or 29-MILLION gallons per day. In early ]997, additional flows are going to have to be directed to this plant, which are forecast to be approximately 34 MGD. HRSD forecasted their timing to expand this treatment plant and build another interceptor system wouM probably be no sooner than five years, but certainly within ten years. Mr. Warnstaff advised the actual alignment of this interceptor system from the plant through Virginia Beach and into Chesapeake is not set in concrete. HRSD is willing to work both with Virginia Beach and Chesapeake to develop an acceptable alignment. BRIEFING was requested by Hampton Roads Planning District Commission. The Wildlife Refuge objects to the pipe line going through the refuge and prefers the alternative for the line to go out on the north side of the neighborhood through Dam Neck. The City Staff will ask the Refuge representatives if the City were to purchase the developable land and then give it to the Wildlife Refuge would this have an impact on their objections. Under the future Refuge acquisition program, it is their intention to purchase 44 acres of nonwetlands and 76 acres of wetlands for a total of 120 acres. This consists of I00 acres of hydric soils and 20 acres of non-hydric sod. November 22, 1994 -8- ITEM # $8568 Vice Mayor William D. Sessoms, Jr. called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, November 22, 1994, at 5:05 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert lC. Dean, William W. Harrison, Jr., Barbara 34. Henley, Louis R. Jones, John D. Moss, Nancy IC Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Absent: Mayor Meyera E. Oberndorf November 22, 1994 -9- ITEM# 38569 Vice Mayor William D. Sessoms, Jr. entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: PERSONNEL MATTEBS; Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To Wit: Appointments: Boards and Commissions: Board of Building Code Appeals Chesapeake Bay Preservation Area Board Community Corrections Resource Board Community Policy and Management Team - CSA Community Services Board Francis land House Board of Governors Planning Commission Resort Area Advisory Commission Virginia Beach Foundation, Incorporated PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-heM property, or of plans for the future of an institution which couM affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). To- Wit: Acquisition of Property - Princess Anne Borough - Bayside Borough LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provisions of legal advice by counsel pursuant to Section Z1-344(A)(7). To- Wit: Lake Gaston Upon motion by Councilman Moss, seconded by Councilman Harrison, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Barbara M. Henley, Louis P~ Jones, John D. Moss, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr., and Louisa 34. Strayhorn Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf November 22, 1994 - 10 - FORMAL SESION VIRGINIA BEACH CITY COUNCIL November 22, 1994 6:00 P.M. Vice Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, November 22, 1994, at 6:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, Ill, Robert IC Dean, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Nancy _lC Parker, Vice Mayor William D. Sessom~, Jr. and Louisa M. Strayhorn Council Members Absent: Mayor Meyera E. Oberndorf [DIPLOMA TlC~ECONOMIC DEVELOPMENT TRIP TO CHINA] INVOCATION: Reverend Walter A. Whitehurst Community United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA November 22, 1994 - 11 - Ill-E.l.a. RECOGNITION ITEM # 38570 Vice Mayor Sessoms recognized the following Boy Scouts in attendance to earn their merit badges: BOY SCOUT TROOP NO. 401 Billy Coffren Chris Coffren Robert McGraw Jeremy Gauthier lan Welpe Travis Batty Peter Newell Chris Rodriguez Brandon Batty Ben Fink Scott Calaman Jason McDonald James Evans Matthew Evans Chris Shaffer David Walker Eric Wakefield Aaron Tare Ryan Harrison Tom Armbruster Brian Johnson Bobby Lincoln Parents Lucy Newell Greg WakefieM Gene Batty November 22, 1994 - 12 - Item III-E.l.b CERTIFICATION OF EXECUTIVE SESSION ITEM # 38571 Upon motion by Councilman Jones, seconded by Council Lady Strayhorn, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Nancy IC Parker, Vice Mayor William D. Sessorns, Jr., and Louisa 3/1. Strayhorn Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf November 22, 1994 Beso CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: Thc Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to thc affirmative vote recorded in ITEM # 38569, Page No. 9, and in accordance with thc provisions of Thc 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 Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Ru~h Hodges Sr~ith, 'CMC/AAE City Clerk November 22, 1994 - 13 - Item III-F. 1. MINUTES ITEM # 38572 Upon motion by Council Lady Parker, seconded by Council Lady Strayhorn, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of November 8, 1994'. New copy of the Minutes was distributed as the previous copy was not in chronological order due to jamming and several power outages during the printing process. Voting: 10-0 Council Members Voting Aye: John A. Baton, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R~ Jones, John D. Moss, Nancy IC Parker, Louisa M. Strayhorn and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf November 22, 1994 - 14 - Item III-G. 1. PUBLIC HEARING ITEM # 38573 Vice Mayor Sessoms DECLARED A PUBLIC HEARING: GENERAL OBLIGATION BONDS - ISSUANCE OF $4,000,000 There being no speakers, Vice Mayor Sessorns CLOSED THE PUBLIC HEARING. November 22, 1994 - 15 - Item III-G. 2. PUBLIC HEARING ITEM # 38574 Vice Mayor Sessoms DECLARED A PUBLIC HEARING: CAPITAL IMPROVEMENT PROGRAM - FY 1994 - 1995 INCREASES - $1,900,000 There being no speakers, Vice Mayor Sessoms CLOSED THE PUBLIC HEARING. November 22, 1994 - 16 - Item III-G.3. PUBLIC HEARING ITEM # 38575 Vice Mayor Sessoms DECLARED ,4 PUBLIC HEARING: OPERATING BUDGET - FY 1994 - 1995 INCHES - $11,564,452 There being no speakers, Vice Mayor Sessoms CLOSED THE PUBLIC HEARING. November 22, 1994 -17- Item III-H. 1. ORDINANCES ITEM # 38576 Upon motion by Council Lady Parker, seconded by Councilman Branch, City Council ADOPTED: Ordinances re $4,000,000 General Obligation Bonds, (Charter Bonds), of the City of Virginia Beach, Virginia for various public facilities and general improvements: Authorize issuance of $4,000,000 General Obligation Bonds APPROPRIATE $4,000,000 of the 1994 CHARTER BONDS to the Virginia Marine Science Museum expansion project to reduce the Certificates of Participation by $4,800,000. Voting: 10-0 Council Members Voting ~lye: John ,4. Baum, Linwood O. Branch, III, Robert I~ Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Nancy K. Parker, Louisa M. Strayhorn and Vice Mayor WHliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf November 22, 1994 AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF 94,000,000 FOR VARIOUS PUBLIC FACILITIES AND GENERAL IMPROVEMENTS 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 49 50 51 52 53 54 55 56 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of general obligation public improvement bonds for various purposes in the maximum amount of 94,000,000, as permitted by the City Charter without submitting the question of their issuance to the qualified voters: BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. It is hereby determined to be necessary and expedient for the City to construct and improve various public facilities and general improvements, all of which will promote the public welfare of the City and its inhabitants and will facilitate the orderly growth, development, and general welfare of the City, and to finance the costs thereof through the borrowing of 94,000,000 and issuing the City's general obligation bonds therefor. 2. Pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be issued public improvement bonds of the City in the maximum amount of 94,000,000, to provide funds, together with other funds that may be available, for the planning, design, construction, renovation, expansion, equipping, furnishing, and landscaping of the Virginia Marine Science Museum Expansion project. Any amount not needed for such purpose may, by City Council action, be used for other capital improvement projects authorized by the City Council. The bonds may be issued as a separate issue or combined with bonds authorized for other purposes and sold as part of one or more combined issues of public improvement bonds. 3. The bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from their dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such time or times and in such manner as the Council may hereafter provide by appropriate resolution or resolutions. 4. The bonds shall be general obligations of the City for the payment of principal, premium, if any, and interest on which its full faith and credit shall be irrevocably pledged. 5. The City intends to receive reimbursement from proceeds of the sale of the bonds for costs related to the purposes for which the bonds are to be issued that are paid by the City prior to the issuance of the bonds. The City intends that the adoption of this ordinance be considered as "official intent" within the meaning of Treasury Regulations Section 1.150-2 promulgated under the Internal Revenue Code of 1986, as amended. 6. The City Clerk is directed to make a copy of this ordinance continuously available for inspection by the general public during normal business hours at the City Clerk's office from the date of adoption hereof through the date of the issuance of the bonds. 57 58 59 60 7. The City Clerk, in collaboration with the City Attorney is authorized and directed to see to the immediate filing of a certified copy of this ordinance with the Circuit Court of the City of Virginia Beach. 8. This ordinance shall be in full force and effect from its passage. 61 62 Adopted by the Council of the City of Virginia Beach, Virginia on the ~ November , 1994. 22 day of Requires eight affirmative votes for adoption. Approved as to Content - M-a na'ge~-ent ~. APPROVED AS TO LEGAL SUFFICIENCY 1 2 3 4 5 AN ORDINANCE APPROPRIATING $4,000,000 OF GENERAL OBLIGATION BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, FOR THE MARINE SCIENCE MUSEUM EXPANSION PROJECT 6 7 Whereas, there remains $4,000,000 of 1994 charter bond authority which has not yet been appropriated; 8 9 10 Whereas, it would be beneficial to the City to appropriate the remaining bond authority to the Marine Science Museum Expansion project to reduce the amount of certificates of participation financing for the project. 11 12 13 Whereas, the $4,000,000 of additional charter bonds will allow a reduction of approximately $4,800,000 in certificates of participation funding due to a decrease in financing cost requirements. 14 15 16 17 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $4,000,000 of the 1994 charter bonds be appropriated to the Marine Science Museum Expansion project to allow a reduction in certificates of participation financing; 2. That certificates of participation funding for the project be reduced by $4,800,000. 20 This ordinance shall be in full force and effect from the date of its adoption. 21 22 November Adopted bythe Councilofthe City of Virginia Beach, Virginia onthe ,1994. 22 Approved as to Content Management day of - 18 - Item III-H. 2. ORDINANCES ITEM # 38577 Upon motion by Council Lady Parker, seconded by Council Lady Strayhorn, City Council DEFERRED until the City Council Session of December 6, 1994: Ordinance to establish Pool Corrosion CIP Project 4-963; to APPROPRIATE $1,900,000 from the General Fund Balance to finance the correction of corrosion problems at the City's recreation center indoor pools and related facilities; and, direct the City Attorney to take appropriate action to recover public funds and/or damages incurred. Voting: 10-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Nancy I~ Parker, Louisa M. Strayhorn and V~ce Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf November 22, 1994 - 19 - Item III-L l.a/b RESOLUTIONS ITEM tt 38578 Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council ADOPTED: Resolutions to program the Virginia Department of Transportation's (VDOT) urban system highway projects; and, that the City pay its share of the total costs: (Deferred 9/13/94 and 10/25/94) Improvement of Laskin Road from Birdneck Road to Pacific Avenue (Laskin Road, Phase II, CIP #2-165), a distance of approximately 1.0 miles. Improvement of Laskin Road from Route 44 to First Colonial Road (Laskin Road, Phase III, CIP ti2-264), a distance of approximately 1.4 miles. In addition to the normal Alignment and Design Public Hearing process, City Council directed the City City Staff to communicate to the State that an Informational Meeting be conducted early in the design process in order to obtain the benefit of the residents' input. These comments should be received prior to the 55% design stage. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R~ Jones, John D. Moss, Nancy I~ Parker, Louisa M. Strayhorn and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf November 22, 1994 PRO~ECT PRO~I~,MMIN~ RESOLUTION WHERE&S, in accordance with Virginia Department of Transportation construction allocation procedures, it is necessary that a request by Council resolution be made in order that the Department program an urban highway project in the City of Virginia Beach; now THEREFORE BE IT RESOLVED, Virginia requests the Virginia that the City Department of establish a project for the improvement of Birdneck Road to Pacific Avenue, a distance miles. BE IT FURTHER RESOLVED, that the City of Virginia Beach hereby agrees to pay its share of the total cost for preliminary engineering, right-of-way and construction of this project in accordance with Section 33.1-44 of the Code of Virginia, and that, if the City of Virginia Beach subsequently elects to cancel this project, the City of Virginia Beach hereby agrees to reimburse the Virginia Department of Transportation for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. Adopted this 22ud City of Virginia Beach, day of November Virginia. of Virginia Beach,. Transportation to' Laskin Road from of approximately 1.0 , 19 ,94 ATTEST CLERK OF COUNCIL nfe 7/15/94 ADI°ROV~D AS TO L~AL - 20 - Item III-L 1.cid RESOLUTIONS ITEM # 38579 A tnotion was made by Councilman Moss, seconded by Councilman Dean to DEFER INDEFINITELY Resolutions to program the Virginia Department of Transportation's (VDOT) urban system highway projects; ana~ that the City pay its share of the total costs: Improvement of Ferrell Parkway from Landstown Road to North Courthouse Loop (Ferrell Parkway, Phase II, CIP #2-305), a distance of approximately 2.2 miles; AND, Improvement of Ferrell Parkway from Princess Anne Road to General Booth Boulevard (Ferrell Parkway, Phase V, CIP #2-096), a distance of approximately 2. 7 miles. Upon SUBSTITUTE MOTION by Councilman Harrison, seconded by Council Lady Strayhorn, City Council ADOPTED: Resolution to program the Virginia Department of Transportation's (VDOT) urban system highway projects;and, that the City pay its share of the total costs: Improvement of Ferrell Parkway from Landstown Road to North Courthouse Loop (Ferrell Parkway, Phase II, CIP #2-305), a distance of approximately 2.2 miles Voting: 5-4 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Louisa M. Strayhorn and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: Robert IC Dean, Barbara M. Henley, John D. Moss and Nancy IC Parker Council Members Abstaining: Louis 1~ Jones Council Members Absent: Mayor Meyera E. Oberndorf Councilman Jones ABSTAINED on Item III-H.c. as this particular roadway fronts property owned by him. November 22, 1994 PROJECT PROGRAMMING RESOLUTION WHEREAS, in accordance with Virginia Department of Transportation construction allocation procedures, it is necessary that a request by Council resolution be made in order that the Department program an urban highway project in the City of Virginia Beach; now THEREFORE BE IT RESOLVED, that the City of Virginia Beach, Virginia requests the Virginia Department of Transportation to establish a project for the improvement of Ferrell Parkway from Landstown Road to North Courthouse Loop, a distance of approximately 2.2 miles. BE IT FURTHER RESOLVED, that the City of Virginia Beach hereby agrees to pay its share of the total cost for preliminary engineering, right-of-way and construction of this project in accordance with Section 33.1-44 of the Code of Virginia, and that, if the City of Virginia Beach subsequently elects to cancel this project, the City of Virginia Beach hereby agrees to reimburse the Virginia Department of Transportation for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. Adopted this 22nd day of November , 19 94 City of Virginia Beach, Virginia. BY MAYOR/CITY MANAGER ATTEST CLERK OF COUNCIL nfe 7115194 APPROVED AS TO L~GAI. =- ~" CITY ATTORh,~'¥ FERRELL PKWY..~ Il CIP "2- 305 ............. PR,EPAREP 3Y P/W ENG. DRAFT, 7/15/9,4 - 21 - Item III-L 1.cM RESOLUTIONS ITEM # 38580 A motion was made by Councilman Moss, seconded by Councilman Dean to DEFER INDEFINITELY Resolutions to program the Virginia Department of Transportation's (I/DOT) urban system highway projects; and, that the City pay its share of the total costs: Improvement of Ferrell Parkway from Landstown Road to North Courthouse Loop (Ferrell Parkway, Phase II, C1P #2-305), a distance of approximately 2.2 miles; AND, Improvement of Ferrell Parkway from Princess Anne Road to General Booth Boulevard (Ferrell Parkway, Phase V, CIP #2-096), a distance of approximately 2. 7 miles. Upon SUBSTITUTE MOTION by Councilman Harrison, seconded by Council Lady Strayhorn, City Council ADOPTED: Resolution to program the Virginia Department of Transportation's (I/DOT) urban system highway projects;and, that the City pay its share of the total costs: Improvement of Ferrell Parkway from Princess Anne Road to General Booth Boulevard (Ferrell Parkway, Phase V, CIP #2-096), a distance of approximately 2. 7 miles. Voting: 6-4 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Louis R. Jones, Louisa M. Strayhorn and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Robert K. Dean, Barbara M. Henley, John D. Moss and Nancy 1~ Parker Council Members Absent: Mayor Meyera E. Oberndorf November 22, 1994 PROJECT PROGRAMMIN~ RESOLUTION WHEREAS, in accordance with Virginia Department of Transportation construction allocation procedures, it is necessary that a request by Council resolution be made in order that the Department program an urban highway project in the City of Virginia Beach; now THEREFORE BE IT RESOLVED, that the City of Virginia Beach, Virginia requests the Virginia Department of Transportation to' establish a project for the improvement of Ferrell Parkway from Princess Anne Road. to General Booth Boulevard, a distance of approximately 2.7 miles. BE IT FURTHER RESOLVED, that the City of Virginia Beach hereby agrees to pay its share of the total cost for preliminary engineering, right-of-way and construction of this project in accordance with Section 33.1-44 of the Code of Virginia, and that, if the City of Virginia Beach subsequently elects to cancel this project, the City of Virginia Beach hereby agrees to reimburse the Virginia Department of Transportation for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. Adopted this 22nd day of City of Virginia Beach, Virginia. November , 19 94 BY MAYOR/CITY MANAGER ATTEST CLERK OF COUNCIL nfe 7/15/94 D~PART;~NT AF~ROVED AS TO L~GAL CITY A ~'~roP,,N~_ ~' I Item III-J. CONSENT AGENDA ITEM # $8581 Upon motion by Council Lady Strayhorn, seconded by Councilman Branch, City Council APPROVED in ONE MOTION, Items I and 2 of the CONSENT AGENDA. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Nancy IC Parker, Louisa M. Strayhorn and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf November 22, 1994 - 23 - It~III-J.1. CONSENT AGENDA ITEM # 38582 Upon motion by Council Lady Strayhorn, seconded by Councilman Branch, City Council ADOPTED: Ordinance to APPROPRIATE $9,050 from the Fund Balance in the Francis Land House Trust Fund re operating and program expenses; and, purchase of period furniture for the Francis Land House. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R~ Jones, John D. Moss, Nancy K~ Parker, Louisa M. Strayhorn and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf November 22, 1994 1 2 3 4 AN ORDINANCE TO APPROPRIATE $9,050 FROM FUND BALANCE IN THE FRANCIS LAND HOUSE TRUST FUND FOR OPERATING EXPENSES AND THE PURCHASE OF FURNITURE FOR THE FRANCIS LAND HOUSE 5 10 11 12 13 14 15 16 17 18 19 WHEREAS, the Friends of the Francis Land House desire to appropriate $9,050 of available funds in the Francis Land House Trust Fund for operating and program expenses and the purchase of period furniture for the Francis Land House; and WHEREAS, the current balance in the Francis Land House Trust Fund exceeds the amount requested for appropriation; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $9,050 be appropriated from the Francis Land House Trust Fund for operating and program expenses and the purchase of period furniture for the Francis Land House. This ordinance shall be effective on the date of its adoption. Adopted by the Council of the City of Virginia Beach, Twenty-second of November , 1994. Virginia, on the APPROVED AS TO CONTENT: Deputy Director Department of Management and Budget - 24 - Item III-J.2. CONSENT AGENDA ITEM # 38583 Upon motion by Council Lady Strayhorn, seconded by Councilman Branch, City Council ADOPTED: Ordinance to TRANSFER $45,785 from the DEA Shared Asset Reserve for Contingencies to the FY 1994-1995 Police Department DEal Operating Budget re purchase of three trained canine dogs and related equipment to expand the Canine Unit. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Barbara M. Henley, Louis 1~ Jones, John D. Moss, Nancy K. Parker, Louisa M. Strayhorn and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf November 22, 1994 1 2 AN ORDINANCE TO TRANSFER $45,785 FROM THE DEA SHARED ASSET RESERVE FOR CONTINGENCIES TO THE FY 1994-95 POLICE DEPARTMENT DEA OPERATING BUDGET TO PURCHASE THREE TRAINED CANINE DOGS AND RELATED EQUIPMENT TO EXPAND THE CANINE UNIT WHEREAS, the Police Department's Canine Unit provides assistance in locating criminal suspects, lost persons, evidence, drugs, and weapons and they provide additional protection to the officers, 3 4 5 WHEREAS, the Canine Unit has reduced staffing from 13 positions to 11 positions due to the unavailability of dogs and equipment resulting in limitations on the use of the unit in all four precincts. From FY 1992 through FY 1994, the number of calls for service which involved the canine units increased by 43%, 6 WHEREAS, there is sufficient funding in the DEA Reserve for Contingencies for this purpose. 7 8 9 10 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $45,785 be transferred from the DEA Reserve for Contingencies to the FY 1994-95 Police Department DEA Operating Budget for the purpose of purchasing three trained canine dogs and related equipment, including one vehicle and radios, to expand the canine unit. 11 Adopted by the Council of the City of Virginia Beach, Virginia on the 22 day of November, 1994. CRW-C:\Ob95\POLICE~DEA_DOG.ORD Item III-K 1. PUBLIC HEARING ITEM # $8584 PLANNING Vice Mayor William D. Sessom~ DECLARED a PUBLIC HEARING on: PLANNING 1. (a) McGINNIS REALTY & DEVELOPMENT COMPANY CHANGE OF ZONING (b) RAMON W. BREEDEN, JR. CHANGE OF ZONING (c) BECO CONSTRUCTION, INC. CHANGE OF ZONING (d) HANDHOLD ASSOCIATES CHANGE OF ZONING (e) SEA ESCAPE CORPORATION CONDITIONAL CHANGE OF ZONING (f) VIRGINIA CELLULAR LIMITED PARTNERSHIP, CONTEL CELLULAR, INC. CONDITIONAL USE PERMIT (g) VIRGINL4 BEACH CHURCH OF CHRIST CONDITIONAL USE PERMIT (h) VIRGINIA BEACH ECONOMIC DEVELOPMENT AUTHORITY MODIFICATION OF CONDITIONS (i) CITY OF VIRGINIA BEACH AMEND AND REORDAIN COMPREHENSIVE PLAN Re:Land Use Policies November 22, 1994 Item III-I~ 1.a. PUBLIC HEARING PLANNING ITEM it 38585 R. J. McGinnis, McGinnis Realty and Development Company, requested additional DEFERRAL to enable them to receive the guidelines on wells. Said letter is hereby made a part of the record. Upon motion by Councilman Dean, seconded by Councilman Moss, City Council DEFERRED INDEFINITELY an Ordinance upon application of McGINNIS REALTY & DEVELOPMENT COMPANY for a Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF McGINNIS REALTY & DEVELOPMENT COMPANY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-20 TO R-10 (AMENDED FROM R-7.5) Ordinance upon application of McGinnis Realty & Development Company for a Change of Zoning District Classification from R-20 Residential District to R-lO Residential District (Amended from R-7.5) on the east side of General Booth Boulevard, 292.18 feet south of Red Mill Boulevard. The proposed zoning classification change to R-Z5 is for single-family residential land use on lots no less than 7,500 square feet. The Comprehensive Plan recommends use of this parcel for suburban medium density residential at densities that are compatible with single-family use in accordance with other plan policies. Said parcel contains 11.1 acres. PRINCESS ANNE BOROUGH. A City Council Briefing on Guidelines for wells shall be scheduled. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Nancy IC Parker, Louisa M. Strayhorn and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf November 22, 1994 - 27 - Item III-IC l.b. PUBLIC HEARING ITEM # 38586 PLANNING Attorney Joseph A. Leafe, 1800 Nations Bank Center, Phone: 628-5526, represented the applicant. Upon motion by Council Lady Strayhorn, seconded by Councilman Branch, City Council ~DOPTED the Application of RAMON W. BREEDEN, JR. for a Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF RAMON W. BREEDEN, JR., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B- 4 TO R-5S Z011941433 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH., VIRGINIA Ordinance upon application of Ramon W. Breeden, Jr., for a Change of zoning District Classification from B-4 Resort Commerical District to R-5S Residential Single Family District at the southeast intersection of South Military Highway and Eastern Branch Elizabeth River. The proposed zoning classification change to R-5S is for single family residential land use on lots no less than 5,000 square feet. The Comprehensive Plan recommends use of this parcel for urban medium low density residential land use at densities that are compatible with multi-family use in accordance with other Plan policies. Said parcel is located at 320 South Military Highway and contains 11.640 acres. KEMPSVILLE BOROUGH. The Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-second o_f November. Nineteen Hundred and Ninety-Four. Voting: 7-2 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Barbara M. Henley, Louis R~ Jones, Nancy IC Parker, Louisa M. Strayhorn and Vice Mayor William D. Sessotns, Jr. Council Members Voting Nay: Robert Ic2 Dean and John D. Moss Council Members Abstaining: William W. Harrison, Jr. Council Members Absent: Mayor Meyera E. Oberndorf Councilman Harrison ABSTAINED as he is in partnership with Attorney Joseph A. Leafe, who represented the applicant. November 22, 1994 - 28 - Item III-IC 1.c. PUBLIC HEARING ITEM # 38587 PLANNING Attorney Ed Bourdon, Pembroke One, Fifth Floor, Phone: 499-8971, represented the applicant Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of BECO CONSTRUCTION, INC., for a Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF BECO CONSTRUCTION, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B- 2 TO R-7.5 Z011941434 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Beco Construction, Inc. for a Change of Zoning District Classification from B-2 Community Business District to R-7.5 Residential District at the southeast corner of Shore Drive & Bayberry Street on Lots 58, 59, 108 and 109, Cape Story By the Sea, Section 1. The proposed zoning classification change to R-7.5 is for single family residential land use on lots no less than 7,500 square feet. The Comprehensive Plan recommends use of this parcel for low density residential at densities that are compatible with single family use in accordance with other Plan policies. Said parcel contains 29,900 square feet. LYNNItAVEN BOROUGH. The Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-second qf November. Nineteen Hundred and Nineff-Four. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Nancy IC Parker, Louisa M. Strayhorn and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf November 22, 1994 - 29 - Item III-K.l.d. PUBLIC HEARING ITEM # 38588 PLANNING Jim ArnhoM, Phone: 486-6200, represented the applicant Upon motion by Councilman Dean, seconded by Councilman Harrison, City Council ADOPTED an Ordinance upon application of HANDHOLD ASSOCIATES, a Virginia General Partnership, for a Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF HANDHOLD ASSOCIATES~ A VIRGINIA GENERAL PARTNERSHIP FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-12 TO R-10 Z011941435 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Handhold Associates, a Virginia General Partnership for a Change of Zoning District Classification from A-12 Apartment District to R-lO Residential District on certain property located at the southeast corner of Ferrell Parkway and Atwood Road. The proposed zoning classification change to R-lO is for single family residential land use on lots no less than 10,000 square feet. The Comprehensive Plan recommends use of this parcel for single family residential at densities that are compatible with single family in accordance with other Plan policies. Said parcel contains 5.61 acres. PRINCESS ANNE BOROUGH. The Ordinance shall be effective in accordance with Section 107 69 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-second o_f November. Nineteen Hundred and Nine~. -Four. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William IV.. Harrison, Jr., Barbara M Henley, Louis R. Jones, John D. Moss, Nancy K. Parker, Louisa M. Strayhorn and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf November 22, 1994 - 30 - Item III-K 1.e. PUBLIC HEARING ITEM # 38589 PLANNING Correspondence from Attorney R. J. Nutter, II, requesting DEFERRAL until the City Council Session of December 6, 1994, to present revised proffers, is hereby made a part of the record. Upon motion by Councilman Branch, seconded by Councilman Harrison, City Council DEFERRED UNTIL the CITY COUNCIL SESSION OF DECEMBER 6, 1994, the Ordinance upon application of SEA ESCAPE CORPORATION for a Conditional Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF SEA ESCAPE CORPORATION FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM RT-1 TO RT-2 Ordinance upon application of Sea Escape Corporation for a Conational Change of Zoning District Classification from RT-1 Resort Tourist District to RT-2 Resort Tourist District on certain property located on the northeast and southeast corners of the Atlantic Avenue and 17th Street intersection. The proposed zoning classification change to Conditional RT-2 is for a free-standing eating and drinking establishment. The Comprehensive Plan recommends use of this parcel for a resort activity center. Said parcel contains 30,000 square feet more or less. VIRGINIA BEACH BOROUGH. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Louisa M. Strayhorn and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Nancy K Parker Council Members Absent: Mayor Meyera E. Oberndorf Council Lady Parker ABSTAINED as the applicant has been clients of the Parker's Pool business. November 22, 1994 - 31 - Item III-IC l:f.. PUBLIC HEARING ITEM # 38590 PLANNING The followng represented the applicant: Gregory M. Rafferty, 30 McLaws Circle, Williamsburg Howard Martin, 1200 NationsBank Center, Norfolk, Phone: 623-3000 Upon motion by Councilman Dean, seconded by Council Lady Parker, City Council ADOPTED an Ordinance upon application of VIRGINL4 CELLULAR LIMITED PARTNERSHIP, CONTEL CELLULAR, INC., for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF VIRGINIA CELLULAR LIMITED PARTNERSHIP, CONTEL CELLULAR, INC. FOR A CONDITIONAL USE PERMIT FORA 150-FOOT COMMUNICATIONS TOWER R011941919 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Virginia Cellular Limited Partnership, Contel Cellular, Inc. for a Conditional use Permit for a 150-foot communications tower on certain property located 805 feet more or less west of General Booth Boulevard beginning at a point 925 feet north of Dam Neck Road. Said parcel contains 5.49 acres. PRINCESS ANNE BOROUGH. The following conditions shall be required: Only those trees necessary to accommodate the construction of the proposed tower, and accessory structures shall be removed from this site. All other trees located on this property will remain undisturbed. Required screening must be addressed at the time of detailed site plan review or a variance applied for from the Board of Zoning Appeals. The Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen~-second of November, Nineteen Hundred and Ninety-Four. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Nancy 14. Parker, Louisa M. Strayhorn and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf November 22, 1994 Item III-K.l.g. PUBLIC HEARING PLANNING ITEM # 38591 Dwight Edwards, Member of the Virginia Beach Church of Chrisg represented the applicant Upon motion by Councilman Dean, seconded by Councilman Moss, City Council ADOPTED an Ordinance upon Application of VIRGINIA BEACH CHURCH OF CHRIST for a Conditional Use Permit for a church: ORDINANCE UPON APPLICATION OF VIRGINIA BEACH CHURCH OF CHRIST FOR A CONDITIONAL USE PERMIT FOR A CHURCH R011941920 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Virginia Beach Church of Christ for a Conditional use permit for a church on the southeast corner of Holland Road and Stoneshore Road. Said parcel is located at 3420 Holland Road, Room #111, and contains 1150 square feet. PRINCESS ANNE BOROUGH. The following conditions shah be required: 1. This conditional use permit is valid for two (2) years. 2. A drapery or other sound attenuation material is to be placed on the common wall between this site and the next door business. The Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-second of November. Nineteen Hundred and Nine~_ -Four. Voting: 10-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, Robert IC Dean, W~Hiam W. Harrison, Jr., Barbara M. Henley, Louis R~ Jones, John D. Moss, Nancy I~ Parker, Louisa M. Strayhorn and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf November 22, 1994 Item III-K.l.h. PUBLIC HEARING ITEM tt 38592 PLANNING Ken Palmer, 1805 Templeton Court, Chairman of the Virignia Beach Development Authority, Phone: 481-0788, requested WITHDRAWAL of the application. Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, spoke in SUPPORT of the application Harold D. Flora, 1941 General Booth Boulevard, spoke in SUPPORT of the application H. L. Gordner, 1928 Weybridge Circle, Phone: 426-6858, represented the Sandbridge Coalition of Civic Leagues, and registered in OPPOSITION. A motion was made by Councilman Jones, seconded by Councilman Moss to ALLOW WITHDRAWAL of the Ordinance upon Application of VIRGINIA BEACH ECONOMIC DEVELOPMENT AUTHORITY for MODIFICATION OF CONDITIONS to allow additional permitted uses and develop a Village Center concept within a 24.0145 acre portion of the MXD2 District and described as: "AREA = 1,046,071 square feet 24.0145 Acres" on plat entitled "CORPORATE LANDING", LANGLEY AND MCDONALD ENGINEERS, PLANNERS, SURVEYORS", (PRINCESS ANNE BOROUGH). Voting: 5-5 (MOTION LOST TO A TIE VOTE) Council Members Voting Aye: Robert K. Dean, Barbara M. Henley, Louis R. Jones, John D. Moss, Nancy K. Parker Council Members Voting Nay: John ,4. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Louisa M. Strayhorn and Vice Mayor William D. Sessoms, Jr. Council Members Absent: Mayor Meyera E. Oberndorf November 22, 1994 Item III-I~ 1.h. PUBLIC HEARING ITEM # 38592 (Continued) PLANNING A motion was made by Councilman Baurn, seconded by Councilman Harrison to DEFER INDEFINITELY the Ordinance upon Application of VIRGINIA BEACH ECONOMIC DEVELOPMENT AUTHORITY for MODIFICATION OF CONDITIONS to allow additional permitted uses and develop a Village Center concept within a 24.0145 acre portion of the MXD2 District and described as: "AREA = 1,046,071 square feet 24.0145 Acres" on plat entitled "CORPORATE LANDING", LANGLEY AND MCDONALD ENGINEERS, PIANNERS, SURVEYORS", (PRINCESS ANNE BOROUGH). SAID MOTION WAS WITHDRAWN. Upon motion by Councilman Jones, seconded by Councilman Moss, City Council ALLOWED WITHDRAWAL of the Ordinance upon Application of VIRGINIA BEACH ECONOMIC DEVELOPMENT AUTHORITY for MODIFICATION OF CONDITIONS: ORDINANCE UPONAPPLICATION OF VIRGINIA BEACH ECONOMIC DEVELOPMENT AUTHORITY FOR THE MODIFICATION OF CONDITIONS Ordinance upon application of Virginia Beach Economic Development Authority for the Modification of Conditions placed on this site to allow additional permit uses and develop a village center concept within a 24.0145 acre portion of the MXD2 District and described as "AREA = 1,046,071 sq. feet. 24.0145 Acres" on that certain plat entitled "CORPORATE LANDING", LANGLEY AND MCDONALD ENGINEERS, PI~INNERS, SURVEYORS". Property is located on the west side of General Booth Boulevard 1,800% north of London Bridge Road. PRINCESS ANNE BOROUGH. Voting: 7-3 Council Members Voting Aye: John ,4. Baum, Robert K. Dean, Barbara M. Henley, Louis R. Jones, John D. Moss, Nancy I~ Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Linwood O. Branch, III, William W. Harrison, Jr. Strayhorn and Louisa M. Council Members Absent: Mayor Meyera E. Oberndorf A WORKSHOP relative Corporate Landing shall be SCHEDULED. November 22, 1994 Item III-I~ 1.i. PUBLIC HEARING ITEM # 38593 Upon motion by Council Lady Parker, seconded by Councilman Moss, City Council ADOPTED application of the CITY OF VIRGINIA BEACH to amend and reordain the COMPREHENSIVE PLAN re land use policies to comply with the Chesapeake Bay Preservation Act. Voting: 10-0 Council Members Voting Aye: John ,4. Baam, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Nancy IC Parker, Louisa M. Strayhorn and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf November 22, 1994 - 36 - [tern III-L. 1. UNFINISHED BUSINESS ITEM # 38594 ADD-ON Councilman Baum advised the Southern Watersheds Committee (an AD-HOC Committee) met last night (Monday, November 21, 1994). Figures were just received from the Real Estate Assessor's Office to determine a better idea of a fair market value and the agricultural values. There is a rating Committee, which has been basing its studies on localities in Maryland, Pennsylvania, etc. The Committee has not met with the rural committee to advise them. Council Lady Henley advised the Committee is still compiling information and will have a "white paper" to City Council by late December 1994 and have the work before City Council in January 1995. November 22, 1994 - 37 - Item III-L. 2. UNFINISHED BUSINESS ITEM # 38595 ADD-ON Councilman Dean distributed copies of a memorandum from Karen Lasley - Department of Planning. Said memorandum is hereby made a part of the record. Ms. Lasley advised with water conservation requirements and growing water conservation awareness, average water consumption is currently at 6,000 (previously 12,000) gallons per household per month. The Planning Department will commence utilizing this figure in the December reports of the Planning Commission, which will appear in City Council's agenda in January. November 22, 1994 - 38 - Item III-M. 1. NEW BUSINESS ITEM # 38596 Upon motion by Councilman Jones, seconded by Councilman Baum, City Council ADOPTED: Ordinance to TRANSFER $10,000 from the General"Fund Reserve for Contingencies to pay the City's membership in the PARTNERSHIP FOR URBAN VIRGINIA. (Sponsored by Mayor Meyera E. Oberndorf) Voting: 9-1 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Nancy IC Parker, Louisa M. Strayhorn and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: John D. Moss Council Members Absent: Mayor Meyera E. Oberndorf November 22, 1994 AN ORDINANCE TO TRANSFER $10,000 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO PAY FOR MEMBERSHIP IN THE PARTNERSHIP FOR URBAN VIRGINIA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 WHEREAS, the Partnership for Urban Virginia is a collaborative effort involving urban governments from across Virginia and members of the business community, with a goal to promote a better understanding of the economic impact of Virginia's urban area problems and to develop strategies to address those problems; and WHEREAS, Virginia Beach shares many of the problems facing the cities of Norfolk, Portsmouth, Chesapeake, Newport News, and Hampton, which have joined the Partnership; and WHEREAS, it would be appropriate for the City of Virginia Beach to be a full partner in the discussion of urban area problems; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $10,000 be transferred from the General Fund Reserve for Contingencies to pay for the City's membership in the Partnership for Urban Virginia. This ordinance shall be effective on the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-second of November , 1994. APPROVED AS TO CONTENT: Director Department of Management and Budget Chesapeake Bay Preservation Area Program Adopted by City Council on November 22, 1994 (NOTE: Language to be added is indicated by underline [language_]; language to be deleted is indicated by strikeout [taetguag~]. Page references refer to the June 28, 1994 Revised Plan) 1 2 3 4 5 6 10 11 12 13 14 15 16 17 COMPREHENSIVE PLAN AMENDMENT 94-1 Amend the Comprehensive Plan to revise the second column on Page II-D-2 by adding the following language: The geographic location of the other two criteria, hydrophytic vegetation and hydrology, have not been comprehensively inventoried because of the vast amount of land, number of parcels and prohibitive cost that would be incurred to do such a study. However, each planning area chapter of this Plan includes a map titled "Environmentally Sensitive Areas" which identifies areas of tidal and nontidal wetlands, floodplains and environmentally sensitive soils. Tidal and nontidal wetlands are based on the National Wetland Inventor~ maps produced by the U.S. Fish and Wildlife Service. Floodplains are based on the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM). Soils included as a mapping feature consist of the environmentally sensitive soils as defined in the glossary of this Plan. These soils generally consist of certain highly erodible soils and hydric soils which can pose development constraints. All hydric soils which are included in Cid ordinances as nontidal wetlands indicators are included as a mapping feature and are listed in the glossary_. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 The Comprehensive Land Use Map which accompanies this Plan also identifies environmentally sensitive soils, tidal and nontidal wetlands and floodplains. The Environmental Conservation Areas (ECAs) identified on the Map consist of environmentally sensitive soils, which pose development constraints as discussed above. The Environmental Overlay on the Map depicts tidal and ¢ontidal wetlands and floodplains. The combination of the ECAs and Environmental Overlays on the Map mirror the Environmentally Sensitive Area maps included in the text of the Plan. The identification of areas of environmental sensitivity_ city-wide provides the framework for the Ci_ty's environmental ordinances and land use controls. For example, the Chesapeake Bay Preservation Areas include Resource Protection Areas (RPAs) which are comprised of lands at or near the shoreline. These RPAs consist of tidal and nontidal wetlands, tidal shores, highly erodible soils and water quality buffers. These lands have an intrinsic water quality value due to the ecological and biological processes they perform. The City's Chesapeake Bay Preservation Area Map delineates the general location of resource protection areas and can serve as an initial reference for determining if property may contain environmentally sensitive features. The mapping of ecologically sensitive areas is an important step towards directing proposed development into areas which pose the fewest development constraints. 1 2 3 4 5 6 7 COMPREHENSIVE PLAN AMENDMENT 94-2: Amend the Comprehensive Plan by deleting the paragraph on page II-D-4, beginning with the word, "Localities", and adding the following as a new paragraph: Localities are required to implement the State-adopted regulations in two phases. The first phase involves the delineation of Chesapeake Bay Preservation Areas and the adoption of general performance criteria to apply within the delineated areas. The second phase involves the revision of the localities' comprehensive plans and the revision of all related land use ordinances, including zoning, subdivision, site plan, stormwater, and erosion and sediment control ordinances as appropriate. 1 2 3 4 5 COMPREHENSIVE PLAN AMENDMENT 94-3: Amend the Comprehensive Plan to revise the paragraph on page II-D-4, beginning with the sentence "Virginia Beach's Chesapeake Bay Preservation Area Program represents a new water quality protection initiative for the City" to read: Likewise, land use-related policies and obiectives as they apply to the Chesapeake Bay watershed are described within this Plan in accordance with the State regulations. 1 2 3 4 COMPREHENSIVE PLAN,AMENDMENT 94-4: Amend the Comprehensive Plan to revise the second column on Page II-D-4, by adding the following language: Within the City of Virginia Beach, the geographic extent of the Chesapeake Bay Preservation Act and related regulations apply to all watersheds that feed into the Bay, including the Elizabeth River basin. These waters represent an important natural and economic resource as water-based recreational 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 opportunities are an integral component of the City's. quality of life and economic health. The City has a well established reputation as a haven for sport fishing, waterfowl hunting, recreational boating, crabbing and general beach recreation. The waters of the Chesapeake Bay and its tributaries provide numerous recreational opportunities for residents and visitors alike. However, as the City continues to grow, issues regarding demands for increased public access and water quality protection must be addressed concurrently. Proper planning and design of future development proiects, including water based recreational facilities, should include provisions to lessen environmental impacts to tidal wetland areas and provide marsh enhancement as needed, minimize impacts associated with land disturbance, and incorporate existing natural features into the site design of facilities to the greatest extent practicable. While much of the land area within the City's Chesapeake Bay watershed has been developed, many opportunities exist for restoring previously disturbed areas with appropriate indigenous vegetation. Revegetation of buffers can improve water quality_, enhance aesthetics and provide wildlife habitat. Additionally, marsh enhancement and the introduction of submerged aquatic vegetation in shoreline areas prone to erosion can serve as alternative shoreline stabilization techniques. The use of vegetative shoreline stabilization is particularly appropriate in small tidal creek areas typified by low wave energ~ and minimal fetch conditions. 3 27 28 29 30 31 32 33 34 35 Previous studies by various state and local governmental agencies have focused on the provision of public access to the Bay and its tributaries as well as recommended design criteria for publicly-owned water dependent facilities. The study to be conducted by HRPDC, under a Coastal Resources Program Grant, will quantify_ the amount of existing, private access to the Bay and its tributaries as well as the impact of those accesses on water quality. The Planning District Commission study, which will include management recommendations, can be used to develop a shoreline management plan for the City which addresses shoreline erosion and the construction of waterfront structures within the 36 37 38 39 40 41 42 43 44 45 Chesapeake Bay watershed. The protection of marine resources within the Chesapeake Bay watershed should be pursued by minimizing the introduction of nonpoint source pollutant loads to the watershed. The reduction of nonpoint source pollution can be accomplished by minimizing land disturbance associated with development projects, revegetating buffer areas, strictly enforcing erosion and sediment and stormwater control requirements, and through implementation of the National Pollutant Discharge Elimination System (NPDES) program of the U.S. Environmental Protection Agency as described within this Plan. COMPREHENSIVE PLAN AMENDMENT 94-5: Amend the Comprehensive Plan to revise the second paragraph on page II-D-5 to read as follows: The National Pollution Discharge Elimination System (NPDES) program of the U.S. Environmental Protection Agency. Tkls pre, gram will require the City to implement strategies for managing the pollutant loads carried in urban stormwater runoff. 1 2 3 4 5 6 7 8 9 10 11 COMPREHENSIVE PLAN AMENDMENT 94-6 Amend the Comprehensive Plan to revise the first column on Page II-D-5, by adding the following language as a new paragraph immediately preceding the paragraph beginning with "As development proceeds south into...": The City's NPDES Program includes but is not limited to public education initiatives, storm water field screening, an inventory of the City's storm sewer system, and the adoption of the Storm Sewer System Discharge Ordinance. The Ordinance was adopted to control illicit discharges to the municipal storm sewer system. A Stormwater Utility_ Fee program has also been established by the City as a mechanism for funding the NPDES program as well as other stormwater initiatives. The utility fee structure is based on the amount of impervious cover on properties and is described in terms of Equivalent Residential Units (ERUs). There is a direct and proportional relationship between the amount of impervious cover on a property and the utility fee charged to the owner. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 COMPREHENSIVE PLAN AMENDMENT 94-7 Amend the Comprehensive Plan to revise the second column on Page II-D-5, by adding the following language as a new paragraph immediately preceding the paragraph beginning with" The City continues to support efforts...": Future stormwater pollutant loadings can also be reduced by minimizing the amount of impervious surfaces on commercial and multi-family development sites. While several City_ ordinances include performance standards which require minimizing site disturbance and impervious cover, reductions in impervious cover can also translate into financial savings in the context of the Stormwater Utility Fee charged to property owners. As the amount of impervious cover increases on a developed parcel, so too does the utility fee. Minimizing impervious surfaces can result in reductions in utility_ fees paid, particularly over the long term. The use of nonstmctural, or vegetative, stormwater controls is also receiving considerable attention within the City and the region. The most effective form of vegetative stormwater control is the retention of existing on-site vegetation, as described in the City's water quality ordinances. Other vegetative stormwater controls include grassed swales, vegetative filter strips, residential use of trees and shrubs, constructed shallow-marsh/wetland systems, and the addition of vegetation to stormwater basins. The City continues to promote the use of vegetative practices for reducing nonpoint source pollutants carried in surface runoff as an alternative to structural controls, particularly on parcels such as 20 21 22 23 24 25 26 small commercial parcels and single family lots. Vegetative stormwater controls, if properly located, designed and maintained, can be an economical and aesthetically pleasing addition to a developed parcel. Vegetative Best Management Practices can also be used to help achieve compliance with the stormwater management performance criteria of the City's Chesapeake Bay Preservation Area, Stormwater Management, and Southern Watersheds Management Ordinances. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 COMPREHENSIVE PLAN AMENDMENT 94-8 Amend the Comprehensive Plan to revise the first column on Page II-D-7 by adding the following language as a new paragraph immediately preceding the paragraph beginning with the words "Air quality is another issue that the City...": The City also recognizes the need to protect groundwater supplies due to the reliance on groundwater as a potable water supply in many areas of the City and the potential for pollution transport from groundwater to ecologically sensitive surface waters. The City's ability to expeditiously and effectively respond to the spills of hazardous materials has been improved with the City's adoption and implementation of the NPDES program pursuant to the requirements of the Clean Water Act. While the Program provisions involving response to illicit discharges primarily focuses on pollutants entering the storm sewer system and receiving surface waters, the NPDES program will also result in the reduction of discharges of pollutants that would otherwise be infiltrated through the groundwater system. On site sewage disposal systems, if improperly designed, installed or poorly maintained, can also pose a threat to groundwater supplies. Nutrients in wastewater, such as nitrogen and phosphorus, can pose threats to humans if they inundate potable groundwater supplies. Excessive nutrients, conveyed to surface waters through groundwater transport or directly discharged to surface waters, can also cause water quality problems such as oxygen depletion due to prolific algal growth associated with overabundant nutrient supplies. In addition to the requirements of the Virginia Department of Health relating to the design and installation of on-site sewage disposal systems, groundwater supplies are protected through the provisions of the City's Chesapeake Bay Preservation Area and Southern Watersheds Management Area Ordinances. Both ordinances require that adequate area for reserve drainfields be identified on final subdivision plats. The Chesapeake Bay Preservation Area Ordinance also requires that all on-site sewage disposal systems be pumped out at least once every five years. The proper maintenance of on-site sewage disposal systems is an important step towards protecting both potable groundwater 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 supplies and surface waters within the City. By the end of 1994, the City will have completed an inventory of the location of all on-site sewage disposal systems in the Chesapeake Bay watershed. This inventory_ will be a valuable part of ensuring that these systems are properly maintained. Groundwater quantity is also of concern to the City ..as groundwater remains the primary_ source of potable water supply for many residents. The minimal use of impervious surfaces on newly developed or redeveloped sites can protect recharge areas for aquifers while preserving existing vegetation. The use of infiltration practices for stormwater control on development sites can also preserve recharge to groundwater supplies provided site conditions are conducive to their use. The City also has the authority to restrict unnecessary uses of groundwater from private wells during a declared water supply emergency as further described on page II-E-17 of this Plan. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 COMPREHENSIVE PLAN AMENDMENT 94-9: Amend the Comprehensive Plan to revise the second paragraph on Page II-D-10 beginning with the words "Following a Natural Heritage presentation..." to read: Following a Natural Heritage presentation to the City Council on June 19, 1989, the City agreed to fund a systematic inventory of rare or significant plants and ~ The inventory is being conducted for the City by the Virginia Department of Conservation and Recreation, Division of Natural Heritage. The inventory_ is designed to systematically identify all of the City's natural heritage resources including: areas supporting unique or exemplary_ natural communities; rare, threatened, and endangered species of plants and animals; and other significant natural resources. The inventory is a multi-phase project of which three of four phases have been completed. The first three phases provided identification of potential natural areas based upon species occurrences. When completed, the fourth and final phase will provide a computerized data base of the information utilizing the City's geographic information system (GIS). Another critical product of the final phase will be the identification of potential protective mechanisms for delineated heritage areas. Assessing the potential environmental impacts of development proposals is an important component of the City's plan of development review process. Several City ordinances currently require the submission of information relating to 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 developmental impacts on existing environmental and hydrologic site conditions. The Stormwater Management Ordinance requires the submission of a stormwater management plan which provides 1) a detailed description of the existing environmental and hydrologic conditions of the development site, 2) a detailed description of proposed site alterations, and 3) a detailed description of predicted impacts of the proposed development on existing environmental and hydrologic conditions. Likewise, the Southern Watersheds Management Ordinance requires the submission of a Southern Watersheds Management Plan which must be reviewed and approved by the appropriate City staff prior to the commencement of any land disturbing activities. The Southern Watershed Management Plan mirrors the Stormwater Management Ordinance with regards to required environmental and hydrologic information. The City's Chesapeake Bay Preservation Area Ordinance includes provisions for the submittal of a water quality impact assessment. The purpose of the assessment is to identify potential adverse impacts on water quality, ensure that development occurring within designated Chesapeake Bay Preservation Areas is conducted in a manner least disruptive to sensit..iv.e... 1.ands, and to specify means to avoid, minimize or mitigate developmental impacts for water quality protection. Water quality assessments are required for any development activity conducted within designated Resource Protection. Areas,.. for any buffer area encroachment or reduction, and. when deemed necessary.., by the appropriate Ci_ty staff. The City's Subdivision Ordinance requires the submission of a Natural Area Protection Plan as a component of requests for administrative waiver of curb and gutter requirements. Required components of the Plan include a tree inventory/protection plan, a wetlands inventory/protection plan, and provisions for the protection or creation of natural buffer areas. While the City's existing ordinances require varying degrees of environmental assessment relating to potential developmental impacts, a comprehensive approach to assessing environmental impacts may be more effective and easier to administer. In late 1991, the Hampton Roads Planning District Commission (HRPDC) prepared a Model Environmental Assessment Procedure, to be used in the plan of development review, in order to develop a region-specific approach to assessing the environmental impacts of development proposals. Although the Model Environmental Assessment Procedure is not locality specific, elements of the Procedure may be appropriate components of a comprehensive City approach to environmental assessments and plan of development review. COMPREHENSIVE PLAN AMENDMENT 94-10 1 2 3 4 5 6 7 8 9 I0 11 12 13 14 I5 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Amend the Comprehensive Plan by adding the following language as a new paragraph on Page II-D-10 immediately following the first objective in the second column: Objective Encourage the use of vegetative Best Management Practice Facilities (BM. Ps) for controlling stormwater runoff, when appropriate, as an alternative to structural controls. Provide assistance to property owners regarding the proper location, design, and maintenance of vegetative controls. The use of vegetative BMPs should be given particular attention as alternative stormwater controls on small commercial parcels and single-family lots. Objective Amend the City_ Zoning Ordinance relating to conditional use permit requirements for marinas, commercial, noncommercial, and community boat docks for the purpose of reducing., l~arking areas and impervious surfaces in environmentally sensitive areas. Such amendments should include provisions for administrative relief to parking area requirements for community boat docks where pedestrian access to community facilities will be utilized. Such amendments should also be based on general guidelines for the development and operation of marina facilities. These guidelines should be developed as soon as possible. Objective In order to minimize water quality_ impacts associated with dock construction and long-term facility use, encourage the use of community docks in subdivisions where multiple private facilities are desired by property owners. Objective Encourage land owners designing and installing shoreline erosion control measures to consider the use of non-structural vegetative erosion control measures and provide marsh enhancement whenever appropriate. The use of vegetative stabilization is particularly appropriate in small tidal creek areas _typified by low wave energy and minimal fetch conditions. Objective Utilize the outputs of'the Hampton Roads Planning District Commission study of shoreline conditions in Hampton Roads to assist Cit~ staff with the development of a shoreline management plan. Objective Develop a public information program, consisting of available information relating to shoreline stabilization and general water dependent facility design guidelines, for distribution to individuals seeking permits for waterfront 42 43 construction. The consolidated package should be available to the public in the Planning Department and the Public Information Office. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 COMPREHENSIVE PLAN AMENDMENT 94-11: Amend the Comprehensive Plan to revise the first column on Page II-D-11, by adding the following language as a new paragraph immediately preceding the paragraph beginning with "Consider adopting an amendment to..." to read: Policy Restore shoreline vegetation and reforest delineated buffer areas within designated Chesapeake Bay Areas for the purpose of improving water quality, enhancing aesthetics, providing wildlife habitat, and reducing property_ owner maintenance costs. Objective Reduce maintenance, including mowing and nutrient/pesticide management, of grassed areas adjacent to perennial waterways and promote reforestation of buffer areas on both publicly and privately owned property. Shoreline buffer restoration should include practices that promote the growth of native vegetation, the planting of native seedling plant materials and other similar practices. The mowing of grassed areas within delineated water quality buffers should be discouraged in order to allow for natural reforestation where appropriate. Expand the current program of demonstration projects on publicly-owned properties and develop educational programs and materials relating to buffer area management for interested citizens. Obiective Identify publicly-owned sites that can be candidates for wetlands and buffer restoration projects and develop a cooperative program for wetlands and buffer restoration/enhancement projects with the assistance of appropriate City agencies, the Virginia Department of Forestry_, and interested citizen groups. Pursue the funding of .planting.. projects through citizen and corporate contributions, grant funds and the continued use of monies collected as civil charges for wetlands violations pursuant to Chapter 13 of Title 28.2 of the Code of Virginia. COMPREHENSIVE PLAN AMENDMENT 94-12: Amend the Comprehensive Plan to revise the first column on Page II-D-11, by adding the following language as a new paragraph after the words "...the site's soil, wetland, and water characteristics" to read: l0 1 2 3 4 Objective Consider the consolidation of the City's Stormwater Management Ordinance, the Southern Watersheds Management Ordinance, the Chesapeake Bag Preservation Area Ordinance and the Erosion and Sediment Control Ordinances to reflect the 5 6 use of a comprehensive environmental assessment and standardized stormwater management requirements, as appropriate. 1 2 COMPREHENSIVE PLAN AMENDMENT 94-13: Amend the Comprehensive Plan to revise the first column of Page II-D-22 by adding the following language: Continue to explore available funding mechanisms to conduct a comprehensive groundwater study... 3_3_ 1 2 3 4 5 COMPREHENSIVE PLAN AMENDMENT 94-14: Amend the Comprehensive plan to revise the second column of page II-D-23, by adding the following language as a new paragraph after the words ...through the use of conditional zoning" to read: Objective Fully utilize the provisions of the Subdivision Ordinance relating to the preservation of noteworthy features in order to protect large trees and other desirable growths and incorporate such noteworthy features into the subdivision development. 1 2 3 4 5 COMPREHENSIVE PLAN AMENDMENT 94-15: Amend the Comprehensive Plan to revise the last paragraph on page II-D-24, beginning with the words, "Create a computer.." to read: "Objective Create a computer based environmental inventory system .... Establish this through a joint effort including the Planning Department and the ©ffice ~,f ....................... e:, ........ Department of Public Works/Engineering Division, Bureau of Mapping and Surveys..." 1 2 3 4 5 6 7 8 9 10 11 12 13 14 COMPREHENSIVE PLAN AMENDMENT 94-16: Amend the Comprehensive plan to revise the first column on page II-E-17, by adding the following language as a new paragraph after the first paragraph ending with the words...majority of property owners" to read: In the fall of 1991, a Water Supply System Status Report was provided to the City Council. The Report summarized the water supply availability_ to the City_ during critical drought conditions and concluded that existing water demands exceeded the prudent available supply. (during drought conditions) by five million gallons per day (mgd). The Report also recognized that limitations needed to be placed upon increases in water demand until more reliable additional water supplies are in place. The Report noted that the City of Norfolk had advised the City of Virginia Beach that Virginia Beach should restrict its use of the Norfolk water supply system to an annual average of 30 mgd. The Water Supply System Status Report recommended that the City implement a program to 1) limit new connections to the water supply system, 2) suspend enforcement of the City_ Code relating to mandatory water connections, 3) 3.2 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 implement mandatory water conservation, 4) pursue State legislation allowing the City_ to implement plumbing code ordinances which are more restrictive than those contained in the Statewide Uniform Building Code, 5) defer all neighborhood water CIP projects not under construction, 6) pursue State legislation to allow the City to apply conservation provisions to groundwater use, and 7) increase promotion of water conservation through advertising. In response to the recommendations contained in the Report, the City Council initiated several actions. An ordinance declaring a water supply emergency and establishing an interim program for the conservation of public water supplies was adopted in the spring of 1992. It is anticipated that this ordinance will remain in effect until the completion of a reliable City water source. The Ordinance prohibits new connections to the public water supply system and describes exemptions to this prohibition. The Ordinance also defers neighborhood water projects, funded in the CIP, and associated sewer projects. Provisions were made to allow for the extension of public sewer facilities into neighborhoods where a maiority of the property owners are desirous of such improvements. The prohibition of nonessential uses of the public water supply system during the duration of the declared water supply emergency is a major component of the City's comprehensive water conservation program. Prohibited or restricted uses described in the Ordinance include 1) the watering of vegetation, 2) the washing of automobiles, sidewalks, streets, parking areas, service station aprons, and the exteriors of residential and commercial buildings, 3) the operation of commercial fountains, 4) the filling of swimming and wading pools, 5) the use of water from fire hydrants for any purpose other than those necessary for governmental use, and 5) the serving of drinking water in restaurants unless requested. In addition to the water conservation measures relating to the adopted Ordinance, the City has an ongoing water conservation/awareness program in place. In September 1990, the City hired a full-time Water Conservation Coordinator to expand existing City programs. Expanded programs include school and public information presentations and a plumbing retrofit program. Recognizing that long-term public water system use and connection restrictions may stimulate groundwater use, the City possesses authority granted to it by the Virginia General Assembly to allow the City to apply conservation provisions to groundwater use. This is esp. ecially important since the shallow Yorktown aquifer, which underlies the City,. is the sole source of drinking water in the southern part of the City and in certain neighborhoods in the northern part of the City. The aquifer has shown evidence of stress due to over-use and development. The City now has the authority to restrict unnecessary uses of 3.3 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 groundwater from private wells the same way that it restricts the use of City water during a water supply emergency. The ability to impose water use restrictions on individual wells allows the City to take steps, when necessary_, to preserve dwindling groundwater supplies for those residents whose only source of water is private wells. In addition to applying water conservation restrictions to groundwater use during emergency conditions, the City has also established procedures relating to potable groundwater supplies as a component of the City's subdivision plan review. On July 15, 1994, the Virginia Beach City Council established the following requirements for lots served by potable water wells: No lot less than 40,000 square feet shall be served by a potable water well unless the Director of Public Utilities finds that the use of wells on smaller lots will have no adverse effect upon the quality_ or quantity of groundwater within the proposed subdivision or nearby areas. No lot less than 10,000 square feet shall be served by a potable water well,. The City_ Zoning Ordinance was also amended to reflect these requirements. 1 2 COMPREHENSIVE PLAN AMENDMENT 94-17: Amend the Comprehensive Plan to revise the last paragraph in the first column on II-E- 17, beginning with the words "Water conservation..." to read: x~z~, .......... ':^-: .... '~'~' rclated ,.,:u,., City ...... ~: ..... . The has a good record showing prudent use of tk:.: pre, cie, u: r~$our-eo potable water supplies. 14 1 2 3 4 COMPREHENSIVE PLAN AMENDMENT 94-18: Amend the Comprehensive Plan to revise the Objective on page II-E-20, beginning with the sentence "Extend city water and sewer..." to read: Ob|ective In accordance with other current City policies and ordinances, extend City water and sewer into those neighborhoods where the use of wells and septic tanks is not a feasible or desirable alternative for water supply or sewage disposal. 1 2 3 4 5 6 7 8 9 10 11 12 13 COMPREHENSIVE PLAN AMENDMENT 94-19: Amend the Comprehensive Plan to revise the second column on Page II-E-20, by adding the following language after the words "...for water supply and sewage disposal." to read: Obiective During the duration of a declared water supply emergency, vigorously enforce City_ ordinances and appropriate provisions of the City Code relating to the mandatory_ conservation of public water supplies. Apply mandatory conservation measures, during declared water supply emergencies, to impacted groundwater supplies as necessary in order to ensure the continued availability_ of groundwater for potable water supply. Objective At such time that an adequate and reliable City_ water supply is made available, reinstate and rigorously enforce those sections of the City_ Code relating to mandatory water connections. COMPREHENSIVE PLAN AMENDMENT 94-20: Amend the Comprehensive Plan to revise the second column on Page II-F-5, by adding the following language as a new paragraph after the paragraph ending with "...to accomplish defined planning objectives", to read: The City's designated Scenic Waterway Network provides residents with opportunities for enjoying natural resource corridors throughout the City. The City's Scenic Waterway Network is the first locally developed, comprehensive waterway trail system in Virginia. This unique recreational "facility" is the product of citizen initiative and cooperation among local, regional, and state agencies. Additionally, the Network and the proposed West Neck Creek District 7 8 9 10 11 12 13 14 Park are part of the "greenways" concept as defined by the Virginia Beach Outdoors Plan. Due to the uniqueness of the Scenic Waterway Network, a comprehensive strategy has been developed to improve, expand, protect, and pro~ote the System. The City_ has already initiated this process by allocating funding in the Capital Improvement Program and establishing a staff committee in order to implement the recommendations of the Outdoors Plan. In addition to utilizing 15 16 17 18 19 allocated funding for the implementation of the Outdoors Plan, the City should expand the existing programs for regularly scheduled maintenance and promotion of the Network. Information provided by the Hampton Roads Planning District Commission regarding shoreline erosion and public access should be utilized as a reference for site selection for public access facilities. COMPREHENSIVE PLAN AMENDMENT 94-21: Amend the comprehensive plan to revise the first column on Page II-F-8, by adding the following language as a new paragraph after the words "... can serve as appropriate active and passive recreation sources", to read: 1 2 3 4 5 6 7 Objective Site selection for publicly-owned beach and waterway access facilities should include an assessment of the compatibility of adiacent land uses, potential boating and vehicular traffic conflicts, and the possible effects of development on nearby natural resources. Access facilities should be designed to accommodate vehicular, boat, and pedestrian access requirements, including handicap facilities, while protecting sensitive environmental features. 3.6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 COMPREHENSIVE PLAN AMENDMENT 94-22: Amend the Comprehensive Plan to revise the first column on Page II-F-8, by adding the following language as a new paragraph after the words ..." and high quality employment centers", to read: Objective Continue to develop the City's Scenic Waterway and Greenway Networks in order to provide residents with greater Opportunities to access and enjoy natural resource corridors within the City. Identify candidate areas for expansion, provide additional public access facilities, and develop programs to actively promote the City's Scenic Waterway and Greenwa¥ Networks. Objective Aggressively promote the City's Adopt-A-Waterway program for continued regular maintenance of the Scenic Waterway Network. Objective Preserve and protect land along the City's Scenic Waterways utilizing tools such as dedication and preservation zoning, conservation easements, and conditional zoning provisions. 1 2 3 4 5 6 7 8 COMPREHENSIVE PLAN AMENDMENT 94-23: Amend the Comprehensive Plan to revise the last paragraph in the first column on Page II-G-3, beginning with the words "The city is committed to...", to read: The City is committed to supporting the local tourist industry through the beautification of Atlantic Avenue, the boardwalk, cznaW,:et:.zn future expansion of the Pavilion,4_Convention Center3, redevelopment of the former site of the Dome, Visitor Information Center, and expansion of the Virginia Marine Science Museum, and the creation of the Convention and Visitor Development Department. The City is currently pursuing an extensive expansion of the Virginia Marine Science Museum which will triple the size of the existing facilities. 3.7 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 COMPREHENSIVE PLAN AMENDMENT 94-24: Amend the Comprehensive Plan to revise the first column on Page II-G-7, following the words "... to include graduate level coursework", by adding the following language: The City is rich in natural resources which range from tidal salt marsh areas associated with the Lynnhaven River and Rudee Inlet complexes to extensive nontidal wetland areas associated with Back Bay and the North Landing River complex. Many of these natural resource areas are included in protected State and Federal parks and wildlife refuges such as Seashore State Park, Back Bay National Wildlife Refuge, False Cape State Park, North Landing River Natural Area Preserve, and Mackay Island National Wildlife Refuge. Additionally, the City's Scenic Waterway Network is the first locally developed, comprehensive waterway trail system in Virginia. These abundant and diverse natural resources provide opportunities for visitors and residents alike to participate in recreational activities ranging from biking, hiking and canoeing to bird watching, hunting and fishing. Several designated parks within the City offer participatory programs ranging from birdwatching and marsh hikes to educational seminars. These programs are promoted by the parks and wildlife refuges themselves. The City's Department of Economic Development also includes general information regarding these natural areas in the Department's business development information. Additionally, the City's Convention and Visitor Development Department provides similar information to potential tourists to the City. The development of a more comprehensive strategy for promotion of the City's natural resources could serve as both an economic development tool as well as a means of promoting environmental education. 1 2 3 COMPREHENSIVE PLAN AMENDMENT 94-25: Amend the Comprehensive Plan to revise the first paragraph in the second column on Page II-G-7, beginning with the words "Coordinate land use...", to read: Policy_ Coordinate land use, transportation, environmental and public facility planning and development processes with the economic development goals of the City. 1 2 3 4 5 COMPREHENSIVE PLAN AMENDMENT 94-26: Amend the Comprehensive Plan to revise the first column on Page II-G-8, by adding the following as a new paragraph after the paragraph ending with the words "...in accordance with the Comprehensive Plan, to read: Objective Develop a comprehensive Strategy for promoting the CiW's natural resources with the appropriate CiW departments, federal and state agencies, and interested citizen groups for the purpose of economic development and environmental education. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 COMPREHENSIVE PLAN .AMENDMENT 94-27: Amend the Comprehensive Plan to revise the glossary by adding in alphabetical order the following language as new definitions: (Remove the existing def'mition of an Environmental Conservation Area and replace with the following) Environmental Conservation Areas -Areas consisting of Environmentally Sensitive Soils as defmed in this glossary. Environmental}y Sensitive Soils - Those soil _types which pose some level of development constraint due to their erodibilitv or wetness. Environmentally Sensitive Soils include: Back Bay Mucky_ Peat, Beaches, Corolla Fine Sand, Duckston portion of Corolla-Duckston Fine Sands, Dorovan Mucky Peat, Duckston Fine Sand, Fripp Sand (2% to 30% slopes), Lakehurst Variant Sand, Nawney Silt Loam, Newhan Fine Sand ( 2% to 30% slopes), Newhan-Corolla Fine Sands (0% to 15% slopes), Pamlico Mucky Peat, Pamlico-Lakehurst Variant Complex, Pocatg Peat, Rappahannock Mucky Peat (strongly saline), Rumford Fine Sandy Loam (6% to 30% slopes). Environmentally Sensitive Areas - Areas consisting of tidal and non-tidal wetlands as defined by the National Wetland Inventory (NWl) maps, 100-year floodplain, Environmentally Sensitive Soils (as defined in this glossary), and any other areas deemed as appropriate to include for natural resource reasons by the CiW Council. F:~....~NV'~MEND2.BAY V3 December 2, 1994 :1_9 Item III-M.Z NEW BUSINESS ITEM # 38597 ADD-ON Councilman Baum distributed a proposed Resolution requesting the General Assembly AMEND the City Charter: To amend Section 16.04 [Election of School Board] by realigning the election date of School Board Members from May of even-numbered years to May of odd-numbered years beginning in 1999. Councilman Baum indicated the purpose of his proposal is to avoid the confusion to the voting public of having an overwhelming number of campaigns being conducted in the same year, and an equally overwhelming number of candidates appearing on the same ballot. November 22, 1994 Item III-M. 3. NEW BUSINESS ITEM # 38598 ADD-ON Council Members Dean, Harrison, Moss and Parker referenced the other Resolutions requesting the General Assembly to make certain housekeeping changes to the Charter: To amend Section 3.04 [Compensation of Members of Council] by bringing it into conformance with Section 14.1-47.2 of the State Code which establishes the manner and maximum levels of compensation of City Council Members; To amend Section 605:1 [Authority for issuance of bonds ] by adding a new subsection (b) which wouM require an affirmative vote of two- thirds of all of the Members of City Council before a bond referendum (election) could be called; To delete Section 1603 [Office of School Superintendent] and 20.13 [Authority of notaries public] which contain outdated provisions related to the consolidation of the City of Virginia beach and Princess Anne County in 1963; To add a new Section 20.03 [General District Court Fees] which would exempt the City of Virginia beach from the payment of fees for civil actions filed in the General District Court; To delete Section 20.11 [High Constable] since the office of the High Constable in Virginia Beach was deleted by the General Assembly in 1983; and To delete Section 20.12 [Justices of the Peace] since the justice of the peace system was abolished by the General Assembly in 1974. BY CONSENSUS, City Council shall SCHEDULE a PUBLIC HEARING for the proposed Charter Changes on Tuesday, December 13, 1994, at 2:00 P.M. November 22, 1994 Item III-M. 4. NEW BUSINESS ITEM # 38599 ADD-ON Councilman Moss stated his exception to the EXECUTIVE SESSION: "The City Council both in prior Executive Sessions and tonight's Executive Session, has discussed the acquisition of the Lake Ridge property. The nature of prior discussions, but not including tonight's, are known beyond Members of City Council. I have received calls from private citizens, as I believe other Council Members have, who have had knowledge of Council's prior discussions and authorization to negotiate with NationsBank for acquisition of the property. Obviously, Nations Bank is aware of our actions. Tonight, City Council informally provided direction to the City Manager to bring these negotiations to a quick conclusion and acquire the property within a dollar threshold, subject to Council approval. Council provided this informal direction, subject to future ratification, without benefit of independent evaluation of subject property. I noted during the Executive Session. I took exception to the process and a direction. Since, their connected citizens have knowledge of Council's dealing on the subject, I see no reason not to share what is happening with the larger public and I do not support the informal action taken by City Council." John D. Moss Council Member - At Large November 22, 1994 Item III-M.5. NEW BUSINESS ITEM # 38600 ADD-ON Council Lady Henley, on behalf of residents of Sandbridge, expressed appreciation to the City Staff for their expedient and wonderful response to work during the recent storm. November 22, 1994 Item III-N. 1. ADJOURNMENT ITEM tt 38601 Vice Mayor Sessoms DECLARED the City Council Meeting ADJOURNED at 7:55 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk William D. Sessoms, Jr. Vice Mayor - Presiding City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia November 22, 1994