OCTOBER 12, 1999 MINUTESCity of Virginia Beach
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
444YOR M£YPRA F OBERN'DORF Al Larg~
VI( E gt4YOR WILLIAM D S£SSOM~ JR At Latgt
l INWOOD 0 BRAN'CH III l)t~trt( t 6 Beat h
MARGARETL FURE District / ( ~nlct[tll~
WILLIA:14 W tlARRI30N JR Dt~ltt¢t ~ I vmthaten
tt4ROLD HEI ~CttOBER At Largt
B4RBARA &t tlFNI ~ Y Dt*lrt¢ t 7 I>~tn¢ e~ Anm
LOUIS R JOYE3 Dl~'trt¢ t 4 Bawtd~
REBA 3 14~CIANA¥ Oistrt~l ~ Rmt tlaJ/
~¥A,¥( Y K PARKER 4t Larg~
A .t4 (DON) W~EAS Dt~trul 2 Kemp~wlle
J4MES K SPORE City Manager
L~3LIE L LILLEY City AltorneI'
RUTH HODGES 3~/TH C14( ~AAE Cuy ( htk
CITY COUNCIL AGENDA
CITY HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEA( H VIRGINIA 2 ~456 9(~
PItONF (757) 427 4~0~
FAX (757) 426 5669
LMAIL CTYCNCL~CIYY VIRGINIA BFACH VA tis
October 12, 1999
I. CITY MANAGER'S BRIEFINGS
- Conference Room -
11:00 AM
Ao
B,
EMPLOYEE HEALTH CARE BENEFITS [30 min.]
Lynn Sachs, Benefits Coordinator
LASK1N ROAD DESIGN [30 min.]
E. Dean Block, Director, Department of Public Works
II. REVIEW OF AGENDA ITEMS
III. CITY COUNCIL COMMENTS
IV. INFORMAL SESSION
- Conference Room -
1:00 PM
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
- Council Chamber-
2:00 PM
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
B. INVOCATION:
Reverend Jack Austin
Diamond Springs Christian Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS
October 5, 1999
G,
AGENDA FOR FORMAL SESSION
The Consent Agenda wtll be determined during the Agenda Review Session and considered in the
or&nary course of business by Ctty Counctl to be enacted by one motion.
H. RESOLUTION/ORDINANCE
.
.
Resolution to confirm appointment of Beverley Kay Wilson to the position of Assistant City
Attorney effective November 1, 1999.
Ordinance to ACCEPT and APPROPRIATE $42,000 from the Commonwealth of Virginia
to the FY 1999-2000 Operating Budget of the Community Services Board to serve
emotionally disturbed and mentally challenged children.
PLANNING
Apphcat~on of RADDD, LLC, a V~rg~ma L~m~ted Llablhty Company to Modify the Proffers
approved March 24, 1998, for a Change of Zomng D~stnct Classfficatlon from 0-2 Office District
to Cond~tmnal B-1A Limited Community Business D~stnct m behalf of Ferrell Parkway Associates,
Inc., on property West of General Booth Boulevard, 150 feet more or less North of Ferrell Parkway,
containing 1.4 acres (PRINCESS ANNE - DISTRICT 7)
Recommendation:
APPROVAL
.
Apphcat~on of SPIRIT HOUSE INC., to Modify the Green Run Land Use Plan to allow a group
home on the East s~de of Pecan Court, South of Primrose Lane (1435 Pecan Court), contmnlng 9,120
square feet more or less (PRINCESS ANNE - DISTRICT 7).
Recommendation:
APPROVAL
Apphcatlon of THE CITY OF REFUGE CHRISTIAN CHURCH OF VIRGINIA for a
Condmonal Use Permit for a church on the East s~de of Pnneess Anne Road, 745 feet more or less
South of Gum Bridge Road (1344 Pnncess Anne Road), contalmng 15.67 acres (PRINCESS ANNE -
DISTRICT 7).
Staff Recommendation:
Planmng Comm. Recommendation:
INDEFINITE DEFERRAL
APPROVAL
.
Apphcat~on of THE POTTER'S HOUSE CHRISTIAN CHURCH for a Conditional Use Permit
for a church at the Southeast comer of Holland Road and Diana Lee Drive (3452 Holland Road),
containing 3.119 acres (ROSE HALL - DISTRICT 3)
Recommendation:
APPROVAL
Jo
APPOINTMENTS
HISTORICAL REVIEW BOARD
PARKS AND RECREATION COMMISSION
K. UNFINISHED BUSINESS
L. NEW BUSINESS
1. ABSTRACT OF CIVIL CASES RESOLVED - SEPTEMBER 1999
M. 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)
10/08/99AP
AGENDA\10-12-99.
www.virginia-beach.va.us
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
H
E 0
H I M B
A S C E S
DATE: October 12, 1999 B R C H C R P E
PAGE I R R H E J L N A S W
A E I O N O A D R S E
N U S B L N N O K O E
AGENDA C R O E E E A R E M K
ITEM # SUBJECT MOTION VOTE H E N R Y S N F R S S
I II
I/A BRIEFINGS Lynn Sachs,
Benefits
EMPLOYEE HEALTH CARE BENEFITS Coordinator
B LASKIN ROAD DESIGN E Dean Block,
D~r, Pubhc
Works
II/ BEACH EVENTS CONTRACT C~ty Manager
ADD explained
ON purpose of RFP
and defined
staff/committee
recommendation
ADD SCHOOLS PARADE ON CITY STREETS C~ty Manager
ON explained h~s
review and
overturn of staff
dec, sion w~th
d~rect~on to
develop
reasonable
standards of
safet~
Ill/IV/ CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y
V/E
F MINUTES - October 5, 1999 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y
G/H/ Resolution to confirm appointment of ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
1 Beverley Kay Wilson as Assistant C~ty CONSENT
Attorney effective November 1, 1999
2 Ordinance to ACCEPT/APPROPRIATE ADOPTED BY 10-1 Y Y Y Y Y Y Y Y N Y Y
$42,000 re C S B re emotionally CONSENT
d~sturbed/mentally challen~led children
I/1 RADDD, LLC m approved March 24, MODIFIED THE 11-0 Y Y Y Y Y Y Y Y Y Y Y
1998, for COZ ~n behalf of Ferrell Parkway PROFFERS BY
Associates at General Booth Boulevard/ CONSENT
Ferrell Parkway (PRINCESS ANNE -
DISTRICT 7)
2 SPIRIT HOUSE, INC, re Green Run Land MODIFIED the 11-0 Y Y Y Y Y Y Y Y Y Y Y
Use Plan at 1435 Pecan Court Land Use Plan
(PRINCESS ANNE - DISTRICT 7) to allow Group
Home, subject
to conditions BY
CONSENT
3 CITY OF REFUGE CHRISTIAN CHURCH DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y
OF VIRGINIA CUP Church on 1344 INDEFINITELY
Pnncess Anne Road (PRINCESS ANNE - BY CONSENT
DISTRICT 7)
4 POTTER'S HOUSE CHRISTIAN APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
CHURCH CUP Church at 3452 Holland CONDITIONED
Road (ROSE HALL - DISTRICT 3) BY CONSENT
J APPOINTMENTS
HISTORICAL REVIEW BOARD Rescheduled B Y C O N S E N S U S
PARKS & RECREATION COMMISSION
K/L/1 ABSTRACT OF CIVIL CASES RECORDED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
RESOLVED - SEPTEMBER 1999 CONSENT
M ADJOURNMENT 2 23 PM
OUR
MINUTES
VIRGINIA BEACH CITY COUNCIL
V~rg~n~a Beach, V~rg~n~a
October 12, 1999
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING re EMPLOYEE
HEAL TH CARE BENEFITS in the Council Conference Room, Ctty Hall Budding, on Tuesday, October
12, 1999, at l l :OO A.M.
Council Members Present:
Linwood O. Branch, III, Margaret L. Eure, Harold Heischober,
Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndo~
Nancy K Parker, and A. M. "Don" Weeks
Council Members Absent'
Vice Mayor Wtlham D. Sessoms, Jr.
William W. Harrison, Jr.
[ENTERED: 12:40 P.M.]
[ENTERED: 11:55 A.M.]
Louis R. Jones [ENTERED: 12:12 [P.M]
-2-
CITY MANA GER'S BRIEFING
EMPLOYEE HEAL TH CARE BENEFITS
II:OOA. M.
ITEM # 45533
Lynn Sachs, Benefits Coordinator, introduced staff and speclal guests Shana Tuthtll - Benefits Stqff (power
point presentation), Jonnette Cool - Benefits Staff Victoria Lewis - Chtef Fmanclal Qfficer for School
System, Shawn Strom and Cynthia Weidner- William M Mercer Consulting F~rm for Health Care RFP Lynn
advised she has had the privilege of serving the City of Virginia Beach for the part ten years For the last
five of those years, she has worked with the consohdated benefits office, which has sigmficantly kept cost
rates for health care at or below regional averages for similarly sized employers However, the overall
trends are nat favorable for continuing to keep these rates at the historically low level A Request for
Proposal for Health Insurance was released on March 22, 1999. The consultmgfirm of WdhamM Mercer
assisted with the RFP, reexammed fi~ndmg options and assisted tn premium rate development Health care
proposals were received on April 26, 1999, and again on September 20, 1999 A Health Insurance RFP
Committee was appointed, consisting of the City Manager, Superintendent of Schools, five School staff and
two City staff Health Care Proposals were received from the following six companies
MAMSI
Sentra/OPTIMA
Trigon/Priority
United Health Care (self insured only)
Vicare (self insured onl.}9
The Health Care RFP requested prtcmg from vendors regarding Sole Source (One vendor providing all
the health care services), Dual Option (Two providers wouM provide all the health care services), Self
Funded (City and Schools control all the fimds and bear the risk) and Fully Insured (Health Care Vendor
controls the health insurance plan and bears the risk) The funding oJ the plan is comprised of Employer
Health Subsidy (Operating Budget) and Employee Premium Contributions Approximately $5-MILLION
of Employer Premium Subsidy would be paid out under the Operating Budget beginning January 1, 2000
and ending June 30, 2000for the Fiscal Year 1999/2000 and then an additional $5-MILLION after June
30, 2000, for the remaining 6 months of the plan year $2,280 per person has been budgeted for each
employee participating m City Health Care There are many network issues to be considered Physician
reimbursement rates have been an issue Physicians, nationwide, have become dissatisfied with HMO
reimbursement rates Physician unions have been forming tn other parts of the countr, v It is possible there
may be network disruption in ourprograms over the next six months Physicians are renegotiatmg contracts
with HMO '5 and there have been some speciality groups that have given notice that they will terminate their
relationships effective January 1, 2000
NETWORK CONSIDERATIONS
HEAL THKEEPERS
Three Speciahst Groups have terminated from the HeahhKeepers Network
(Two Effective October 1999)
Three Spectahst Groups have announced their mtent to terminate from the
Network
OPTIMA
By Octobe~ 31, 1999, all phystcmns need to be recontracted
COMMITTEE RECOMMENDATIONS
Self Funded Dual Optton
Priority LIMO and D tgon PPO
OPTIMM HMO
From a financial perspective, it ts advantageous to select Trigon as the Sole
Carrter for the HMO and the PPO
However, Networl~ dtsrupttons tn HealthKeepers led the Commtttee to constder
the effect of the reductton tn the network on employee choice
bi order to provide employees wtth the option to choose thetr physicians,
rather than hmtt their physician choices to those remalmng in the
HealthKeepers Network, the Commtttee recommended HMO Dual Optton
with the Tt tgon P?O
Self funded arrangements were also recommended
October !2, 1999
-3-
CITY MANAGER'S BRIEFING
EMPLOYEE HEAL TH CARE BENEFITS
ITEM # 45533 (Continued)
Beginning January 1, 2000, the City and Schools have agreed to pay $2,2$O per health care participant per
year
AD E4NTA GES AND DISAD VANTAGES OF SELF INSURANCE
AD VANTAGES
Clatms are paid on a "pay as you go" basis
Flexibility in setttng budget rates
It is not a requtrement to offer state mandated
benefits
Overall costs will be lower due to the elimination
of risk charge
If actual claims are lower than expected, the
difference ts retatned by the Ctty and schools not
the vendor.
Avoid payment of state premtum taxes
City and Schools have more control over benefits
and monetary funds
Claims data is owned by the City and Schools
DISAD VANTAGES
City and Schools assume a certain amount of
rtsk.
The plan will requtre more active management by
tnternal staff than in a fully insured environment
Costs can be vat'table
There may be future fluctuations in Federal
legislatton that include self funded plans.
If the actual claims are higher than expected,
City and Schools must come up wtth the
difference out of premium reserves and interest
earned
RFP FINAL RECOMMENDATIONS
Trigon PPO
HealthKeepers HMO
OPTIMA HMO
Self Funding
COMPARISON OF HMO BENEFIT CHANGES 1999/2000
Benefit 1999 2000
OPTIM~ Health Plan
Prtmary Care Phystctan Vtstts $10 $15
After Hours PCP Vtstt $10 $15
Spectahst Vtstts $15 $20
$10
Prescrtptton Drugs
$10/$20/$35 for genertc, multt-source
genertc/low cost brand names, and
htgh cost brand name drugs
HealthKeepers by Prtortty Health Care, Inc
Primary Care Phystctan Vtstts $10 '$15
Spectahst Vtstts $15 $20
Urgent Care Center Vtstt $15 $25
Prescrtptton Drugs
$10/$20, generic, brand
$10/$20/$35 for genertc, multt-source
genertcYlow cost brand names, and
htgh cost brand name drugs
Vtston Benefits Once every 24 months Once every 12 months
October 12, 1999
-4-
CITYMANAGER'S BRIEFING
EMPLOYEE HEAL TH CARE BENEFITS
ITEM # 45533 (Continued)
TRIGON KEYCARE PPO COMPARISON 1999-2000
Benefit 1999 2000
Office Vtstt Copay $20 $25
Major Medtcal Deducttble $300 tndtvtdual, $900 famtly $400 tndtvtdual, $1,200 famtly
Cotnsurance 80% 70%
Prescrtptton Drugs 80% afier deducttble $10/$20/$35 for genertc, multt source
genertc/low cost brand names and
htgh cost brand name drugs
The Consolidated Benefits Office wtll handle day-to-day admtnistration. Health Insurance compantes wtll
act as the third party admtntstrator Specific stop loss insurance will be purchased to defer claims expenses
which exceed $100, O00 per member Third Party administrator will be paid an administrative fee. The City
and Schools shall work closely wtth the followtng offices: Treasurer's Office, City Finance Department,
School Office of Bustness Services, Consohdated Benefits Office, employees, insurance companies and
Human Resources. The City ,4ttorney's office shall revtew all pertinent contracts and documents for legal
sufficiency and provide consultation as necessary. ,4 Health Care Internal Service Fund shall be
established to recetve employer and employee contributions and pay clatms Funds wtll accrue interest and
maintain (or make progress toward) a fully funded, actuarially computed equity balance. City and School
expertence will be accounted for separately.
Overall Increase
Priority HMO 10. 7%
0 P TIMA HM 0 22. 9 %
Trigon PPO 27. 7%
2000 HEALTH CARE AGGREGATE PREMIUMS CITY AND SCHOOLS COMPARISON
2000 Health Benefit Contribution Totals for City & Schools
Ctty HMOs Ctty PPO HMOs PPO TOE4LS
Ctty School System f0,376,280 171,000 17,583,360 1,399,920 29,530,560
Contrtbutton
Ctty/Schools System 4,483,454 188,070 7,904,110 1,002,817 13,578,451
Employee
Contrtbutton
TOTAL 14.859, 734 359,070' 25,487,470 2,402, 73 7 43,109,011
The Ctty of Virginia Beach ts the second largest employer next to Newport News Shipbuilding.
COST CONSIDER.4 TIONS
OPTIMA vs PRIORITY FINANCIAL CONSIDERATIONS
CITY OF VIRGINIA BEACH AND VIRGINIA BEACH CITY PUBLIC SCHOOLS
OPTIMA HEAL THKEEPERS TRIGON TOTAL
2000 Annual Cost 16,385,114 23,962,091 2, 761,807 43,109,013
1999 Annual Cost 13,332,069 21,645,971 2,162,731 37,140,771
Cost Difference 3, 053,045 2,316,120 599,076 5, 968,242
Percentage Increase 22. 90% 10. 70% 2 7. 70% 16.10%
October 12, 1999
-5-
CITY MANAGER'S BRIEFING
EMPLOYEE HEAL TH CARE BENEFITS
ITEM # 45533 (Continued))
Victoria Lewis advised the administrative fees are based on enrollment and each carrier has a dtfferent
administrattve fee, whtch they charge. The admtmstrattve fee encompasses approximately $30 O0 per
employee per month
If the 2% reserve is in tack, the Ctty has the flextbdity of accumulattng the reserve or applying it toward a
subsequent premium.
The employee can have it documented that a particular drug must be taken and can not be genertc. This will
be specifically explatned durtng the open enrollment.
There will be a Gatekeeper tf the employee is participating in the HMO, but not PPO. ~4 committee will be
established to revtew the clatms appeals They will endeavor to have a medtcal professional on the
committee. The insurance companies have advised the actual claims have exceeded expected claims to the
point where they have dipped into thetr reserves and some of their profit margins An actuarial study was
performed as part of thts analysis to determtne what the expected claims probably are. The Ctty is
comfortable there ts httle dtfference between what the companies percetved the expected claims would be
under the fully msured and the self insured.
$5-MILLION represents the total amount budgeted per employee ( $2,280 per employee). 1710 of the total
is derived from the Schools and 1/12from the City For a fully tnsured arrangement, the risk charge goes
to the insurance company. With a self-tnsured arrangement, the Ctty retatns the risk charge to build up a
reserve and accumulate interest. The rtsk charge ts 2.1% of the total program. ~4ll figures fluctuate
depending upon the enrollment. October 31, 1999, is the deadline for phystcians ' contracts.
This item will be SCHEDULED for a Formal Vote during the City Councd Session of October 26, 1999.
Mayor Oberndorf advised she will be unable to attend this meettng as she will be tn Mlyazakt, Japan,
hea&ng the VIRGINIA BEA CH DELEGATION to the INTERNATIONAL VOL UNTEER SUMMIT.
October 12, 1999
-6-
CITY MANA GER'S BRIEFING
LASKIN ROAD DESIGN
12:03 P.M.
ITEM # 45534
Dean Block, Dtrector of Pubhc Works, advtsed Laskin Road Phase I ts a $19-MILLION Vtrgtma
Department of Transportatton (VDOT) funded project The project has been included tn the Capttal
Improvement Program for several years and has been an &lane sectton for part o fits &stance, parttcularly
through the htgh volume commerctal &strwt wtth 6 lanes further east The project ts currently on ttme and
wtthm budget The purpose of the presentatton ts to provtde an update on the destgn and status and outhne
the context and need for the parttcular &lane portion through the heavy commerctal dtstrlct and also
outhnmg expectattons regardmg plans to enhance the landscapmg and the aesthetws throughout the
roadway destgn of thts lmportant project Councd Lady Parker had requested thts brteftng
John Herzke, Ctly Engmeer. advtsed a memo was previously provtded to Ctty Council outhnmg some of the
destgn features oJ the Laskin Road destgn Mr Herzke advtsed thts ts not vtewed as capactty and road stze
versus aesthettcs There ts a blend of both, whtch ts the common goal to which the Ctty ts strivmg Mr
Herzke advtsed the &lanes wouM be utthzed prtmartly tn the Htlltop area tn thts heavy commerctal area
comparable tn stze to Pembroke Mall The &lanes wouM be the eastern end of thts commercial acttvtty,
transtttontng to 6-lanes out to the oceanfront Currently, there are 41,000 carsper day on Laskin Roadand
thts ts esttmated to be apprommately 50,000 cars per day by the year 2015 By 2004, the constructton of
thts project ts expected to be completed
LEVEL OF SERVICE
2004 2015
4 lanes/service roads F F
6 lanes D E
8 lanes C C
Bastcally, there ts about a 35-foot median with 2 lanes in each direction, a two 2-lane service roads, main
line, and utility strips on the outside of about 11 to 15feet From the servtce road to the servtce road, there
ts baswally 147feet of roadway When thts ts tmproved to the proposed 8 lanes anddevelop the four lanes
tn each &rectton, apprommately one foot wdl be gamed tn the me&an The me&an stays at about 36feet
There are now outstde areas from behtnd the curb of about 18 to 24 ~ feet Therefore, greater landscape
opportumttes have been budt tn, not only tn the me&an, but on these outside areas and there ts a total
roadway footprint of 134 feet Therefore, the roadway footprint has been reduced by 13 feet The
opportunmes have been created for addmonal landscaptng Relattve the corridor study, the Planmng
Department has developed concept plans whtch are t llustratmg vartous treatments that are betng proposed
along the outstde, on the busmess Jronts and along the me&an As an example, tn the me&am at the roam
intersection of First Colonial and Laskin Roads, rather than just a sohd concrete me&an, somethmg on
the order ora brick paver will be installed on both sides. There wdl be extenstve landscaping in the middle
and outstde The detads will be developed Once thts landscape plan ts presented and they have gone
through the process in November, the Ctty wdl confer wtth Ktmberly Horne- VDOT consultant, plus Ctty
staff and develop the refined final product The C~ty ts worlang to have an aggresstve and extenstve
landscaping plan both on the outstde to soften the shoulders as well as tn the median tn terms of ratsed
flower beds The heavdy wooded property oppostte the oM Linkhorn Park Elementary School, has been
revtewed As the City cannot find any good development use for thts property, the staff ts plannmg to include
this as a "take" to be apart of the Laskm Roadproject for whtch the Ctty wtll have to bear the cost For the
sake of purchasmg thts, a beautiful buffer would be maintained utdlzmg thts heavdy wooded area There are
opportumttes for some of the parcels at the corner of Laskin and First Colonial Roads where there wtll be
qutte a bit of "talang" on the west side of First Colonial Road There are opportunmes for further
enhancement of the landscapmg and aesthettcs There are three major (east/wesO roadways tn close
prommtty to each other 1-264 ts carrymg apprommately 58,000 vehicles and wall rtse to almost 88, 700.
Virginia Beach Boulevard ts at 34,800 and is increasing to 45,600. Therefore, the Ctty ts not overbuddmg
tn this htghly commerclahzed area There ts not excess capactty The roads are all full Virginia Beach
Boulevard ts not tn the CIP, but ts tn the Master Transportatton Plan for tmprovement and wdl probably
be a 6-lane road Therefore, this road cannot be constdered for addmonal capacity On the south side of
the road is proposed to be a lO-foot bike path and on the north side a 5-foot wide sidewalk. Therefore,
there ts good pedestrian access
October 12, 1999
-7-
CITYMANAGER'S BRIEFING
LASKIN ROAD DESIGN
ITEM # 45534 (Continued)
Mr. Block advised there is continuing development of a commercial nature in this area. The whole project
ts approximately 1-~ miles at a cost of approximately $19-MILLION Thts encompasses a major bridge
replacement
Robert J. Scott, Director of Planning, advtsed there are two factors which increase the number of vehicles
on the roadway. People are just driving more There are changes in land use occurring in this area
Probably, the most stgntficant ts this entire corrtdor, some of which will probably be redeveloped.
Approximately 80% of the geographic area will be replaced by a fatrly intensive commercial center There
will be other redevelopment and upgrades in this area. The Planning Commisston said the Hilltop area ts
not oriented at all toward pedestrians Mr. Scott does not see this road project as changing this aspect. A
lot of people do not cross these streets now and it is not gotng to happen tn the future.
Mr. Herzke advised the walkovers work well on interstate facdities, but on urban roadways they have
marginal benefits. Mr Block advised to a large extent highway demand follows land use. There is a
responstbtlity to move people tn a reasonable manner There will be a PUBLIC HEARING with the
corridor consultant in early November. The project is 50 to 55% designed.
Council Lady McClanan referenced these wide roads create the concept of dtvtchng the community. An 8-
lane road between bustness or home does not unite, it dtvtdes Mr Scott advised the Pubhc Hearing is
interactive.
Mayor Oberndorf advised a number of the restdents are active garden club members and this will be a rather
major infringement on their lives
Council Lady Parker believed the City needs to understand that these expanded lanes do create &vision.
Council Lady Parker has many reservations.
October 12, 1999
-8-
AGENDA RE VIE W SESSION
12:40A.M.
ITEM # 45535
BY CONSENSUS, the following ttems shall compose the CONSENT AGENDA:
RESOLUTIONS
H. 1
Resolution re issuance by the Virgtnta Beach Development
Authority of Revenue Bonds not to exceed $85,000,000 for
Westminster-Canterbury of Hampton Roads, Inc. re
constructton, renovatton and equipping of a new 14-story
residential wing, coveredparking, expanded wellness center and
enlarged auchtorium at 3100 Shore Drive (LYNNHAVEN-
DISTRICT 5).
H. 2
Ordinance to ACCEPT and APPROPRIATE $42,000 from the
Commonwealth of Vtrgima to the FY 1999-2000 Operating
Budget of the Community Services Board to serve emotionally
disturbed and mentally challenged chtldren
ITEM # 45536
1.1
Applicatton of RADDD, LLC, a Virginia Limtted Liability
Company to Modify the Proffers approved March 24, 1998, for
a Change of Zomng District Classification from 0-2 Office
Dtstrtct to Condittonal B-IA Limited Communit~ Business
Dtstrtct tn behalf of Ferrell Parkway Associates, Inc, on
property West of General Booth Boulevard, 150feet more or less
North of Ferrell Parkway, containing 1.4 acres (PRINCESS
ANNE- DISTRICT 7)
Council Lady Henley expressed concern; however, stnce ~t has been designed and the neighbors believe tt
acceptable to them, she wtll vote tn favor of the apphcation.
Council Lady Parker wdl vote a VERBAL NAY on thts item.
ITEM # 45537
13
Applicatton of THE CITY OF REFUGE CHRISTIAN
CHURCH OF VIRGINIA for a Conditional Use Permit for a
church on the East side of Princess Anne Road, 745feet more or
less South of Gum Bridge Road (1344 Princess Anne Road),
contamtng 15 67 acres (PRINCESS ANNE - DISTRICT 7)
Council Lady Henley beheved the staff revtew dtd not give consideration to the fact that thts apphcation was
directly across Princess Anne Road from the airstrip. Council Lady Henley wouM have major problems
creattng a 1,000 seat sanctuary and a 400 person school across from the airstrip. Thts tssue shouM be
investigated. Now, the staff has recommended Indefinite Deferral
Karen Laslie, Planning, wtll confer with the applicant prtor to the Formal Sesston
October 12, 1999
-9-
,4 GENDA RE VIE W SESSION
ITEM # 45538
B Y CONSENSUS, the following items shall compose the PL,4NNING B Y CONSENT,4 GEND,4
I1
Application of RADDD, LLC, a Virginta Limtted Liabihty
Company to Modify the Proffers approved March 24, 1998, for
a Change qf Zoning District Class~ficatton from 0-2 Office
Distrtct to Conditional B-IA Limited Communtty Business
Dtstrict in behalf of Ferrell Parkway Associates, Inc., on
property West of General Booth Boulevard, 150feet more or less
North of Ferrell Parkway, containing 1.4 acres (PRINCESS
ANNE - DISTRICT 7)
12.
Apphcation of SPIRIT HOUSE INC., to Mod~_ the Green Run
Land Use Plan to allow_a group home on the East stde of Pecan
Court, South of Prtmrose Lane (1435 Pecan Court), contaimng
9,120 square feet more or less (PRINCESS ANNE - DISTRICT
7)
1.3.
Apphcation of THE CITY OF REFUGE CHRISTIAN
CHURCH OF VIRGINI,4 for a Conditional Use Permit for a
church on the East side of Princess Anne Road, 745feet more or
less South of Gum Brtdge Road (1344 Princess Anne Road),
contaimng 15.67 acres (PRINCESS ANNE - DISTRICT 7)
14.
Apphcation of THE POTTER'S HOUSE CHRISTI,4N
CHURCH for a Condittonal Use Permit for a church at the
Southeast corner of Holland Road and Dtana Lee Drtve (3452
Holland Road), contatmng 3.119 acres (ROSE HALL -
DISTRICT 3).
Council Lady Parker will vote a VERBAL N,4 Y on Item 1.1.
Item 13. will be DEFERRED INDEFINITEL Y, B Y CONSENT.
October 12, 1999
-10-
BEA CH EVENTS CONTRA CT
ITEM # 45539
ADD-ON
12:50 P.M.
The Ctty Manager explatned the purpose of the RFP for the Beach Events contract and defined the staff
and committee recommendation. Patricia Philltps, Dtrector of Finance, distributed graphs relattve Cash
Sponsorship History and City Appropriation/Administrative Fee Ratio The goal of the Ctty staff ts to
establish a procurement revtew as objective as is possible Of all the thousands of purchastng contracts,
there are very few complaints relative the fairness and professionalism of the process.
Henry Ruiz, CVD/Resort Management Office, during the City Council Session of October 5, 1999, introduced
his fellow members of the Evaluation Committee who evaluated, ranked and short-listed the proposals
Elizabeth O'Malley
CVD/Resort Management Office
Rick Rowe
Parks and Recreation
Lt. Tommy Baum
Police Department
John McConnell
DF/Purchastng
The City Manager stood by the qualificattons and professionalism of these members. These tnchviduals are
primarily involved tn the program. They offer their insights through actual experience in the field. The Ctty
selected a competitive negotiation for non professional services, whtch is the category defined tn State law.
FINAL RANKING
(After Negotiations)
OFFERORS
Evaluatton Factors Cellar Door Rtsing Tide Downie Productions
Experience 25 15 20
Capability & Skill 25 15 I0
Scope of Services 25 20 15
Ftnanctal 16 25 17
Considerations
TOTAL 91 75 62
Cellar Door has 36 years of experience in providing hve entertatnment events The firm has 5 years of
direct/contractual expertence wtth the City's program. It is a large corporation with formalized bustness
structures. The parent company (SFX) ts one of the largest diversified promoter, producer and venue
operators of hve entertatnment events. The scope of services tncludes the general entertatnment portion of
the program, Beach Events and major events t. e American Music Festival The RFP was structured in a
way that the City would provtde a budget for the contract renewal of the General Entertainment and Major
Events Program of approximately $1.8-MILLION annually. This amount would be expended on any of
the proposals submitted The quality and support levels of the program might vary; however, the cost of the
program would not other than as it relates to sponsorships Cellar Door proposed four full time and three
part ttme indivtduals. Rising Tide proposed six part time tnchviduals (20% to 25% of their time each which
equates to 1- ~ FTE) and tndtcated they would also hire two ad&tional full time Relative the Administrative
Fee, there was approximately $160,000 difference tn the two proposals $110,000 can be explained by
examining the salary difference related to the staffing component. The events reqmre sufficient staff. The
Beach Events program ts much more complex than years ago. Cellar Door has a greater capactty in overall
resources and financial strength. Due to the tnclement weather on Labor Day, Cellar Door was able to call
upon the Amphttheater (a Cellar Door resource) to provtde additional staffing to asstst
October 12, 1999
-11-
BEA CH EVENTS CONTRA CT
ITEM # 45539 (Continued)
ADD-ON
When the City had to cancel the Randy Travis event, rather than that costing $ 75, 000, Cellar Door was able
to negotiate this down to $ 7, 500, because Cellar Door had national contracts with this particular individual.
The City benefitted from this long standing business relationship. Cellar Door was the only firm which
addressed thoroughly, and in a comprehensive manner, all the components requested in the RFP as the
entertainment and programming aspects, sponsorship plan, program marketing and the use of volunteers.
Rising Tide had proposed 31 events and Cellar Door 25. The Rising Tide RFP response changed the mix
fairly dramatically, a number of which had previously been reviewed and rejected i.e. the Balloon Festival
and Whale Watching Some of the events proposed as new events, the City believed were at the expense of
very successful events already existing, such as the proposed reduction tn funding for the Beach Street USA
program from $405,000 to $125,000. This would be a major cut tn a fairly successful and well supported
program in order to fund newer initiatives which may or may not have merit This is a major concern. The
markettngproposal of Cellar Door was 2 inches thick while the Rising Tide submittal consisted of samples
of three events that had been produced Cellar Door has tripled their sponsorships in the last three years
and has produced a 5-year plan to further expand sponsorships. The average sponsorship yield from their
proposal over a 5-yearperiod was $240, O00per year. Rising Tide lndicated sponsorshtp in this market was
"tapped out" and proposed $125,000 per year was hopeful during the course of the negotiations, this could
be increased to $175,000. These sponsorships assists in offsetting administrative fees.
The City Manager advised if the City Council does not wish to concur with the Evaluation Committee and
staff recommendation, the RFP can be resohcited and the City Council can be the Review Committee. The
Ctty Manager recommends that City Councd does not do this. The City Manager advised Councilman Weeks,
that should the City Council, choose not to fund thts program at $I 8-MILLION, the proposers in the RPF
were requested to recompute their fee structure and how they would adapt to that loss of funding. Cellar
Door was the only entity to respond to this question
Rick Berry, Purchasing Agent, advised the majority of the proposals and one of the mostpopular approaches
is to estabhsh a level of service which the City is attempting to achieve and have the best offer provided,
saving the taxpayers money. Cellar Door has evidenced an increased quahty of service.
James B. Ricketts, Director - Convention and Visitor Development, advised Council Lady McClanan, the
budget for the American Music Festival is $750,000. Council Lady McClanan had understood from
discussions at the Retreat, the City was going to re-evaluate the amount of funding being expended on the
major weekend events. Council Lady McClanan wishes these major weekend events reexamined
The City Manager advised the RFP was issued prior to the Retreat; therefore, was based on an extension
of theprevtous years On the City Council Pending ltems List, the Beach Events program is an item to return
to City Council m February 2000, if the City Council desires to adjust the program.
Councilman Branch advised these issues will be discussed at the Events Retreat. To expand the events
program, the Hotel Association came forward with a 1/2% tax increase, expiring June 30, 2000 The
sponsorship funding also equates to over $700,000. The beach had encompassed a 90 to 100 day season
with monthly rental signs appearing on marques Now, the Beach receives over one-half of their revenue
during the off season months. The Events Program, a 'year round program, is a major contributor to this
Councilman Branch cited letters of endorsement for Cellar Door.
The City Manager referenced allegations regarding a law suit against Cellar Door concerning
discrimination and an issue of a criminal record of an employee of the company Assistant City Attorney
Randy Blow chstrtbuted correspondence from Cellar Door's Associate General Counsel Michael Galor in
response to the allegations.
Vice Mayor Sessoms comphmented the Purchasing Department, headed by Rick Berry, and noted their
honesty and expertise.
Mayor Oberndorf expressed appreciation to the City Manager for his response and advised this is not the
first contested awarding of a contract, as the City has been through same with lifeguard services many years
ago and the last event contract when changes tn providers of service were made.
BY CONSENSUS, the City Manager shall sign the Beach Events Contract with Cellar Door.
October 12, 1999
- 12-
CITY COUNCIL COMMENTS
ITEM # 45540
1:20 P.M.
ADD-ON
Mayor Oberndorf advised tt was her understanding, based on the letter faxed to the Principals of
Kempsville High School, that the Homecoming Parade would be granted a permit, allowmg them to line
up tn the street. On Good Morning Hampton Roads th~s morning, everyfive minutes, they state Kempsvtlle
Htgh School would not be allowed to do same
The City Manger rewewed the s~tuatton and advised a 'year and 'half ago notice was given to all the High
Schools that parades on pubhc streets were not gotng to be permttted. The City Manager overturned the
staff's dectston and gave directton to develop reasonable standards of safety. All ten High Schools have been
contacted.
Council Lady McClanan said this is only once a year and don't the employees malang these decisions have
children?
Vice Mayor Sessoms referenced the Home Coming Parade in the Stadium at First Colonial and a child betng
crushed Vice Mayor Sessoms expand full support of the City Manager's dec~ston.
October 12, 1999
- 13-
ITEM # 45541
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Ctty Council Conference Room, City Hall Buildmg, on Tuesday, October 12, 1999, at 1 '25
P.M
Council Members Present:
Ltnwood O. Branch, III, Margaret L Eure, William W. Harrison, Jr.,
Harold Hetschober, Barbara M Henley, Louts R. Jones, Reba S
McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice
Mayor Wilham D. Sessoms, Jr. and A. M "Don" Weeks
Council Members ~4bsent
None
October 12, 1999
- 14-
ITEM # 45542
Mayor Meyera E. Oberndo~ entertatned a motton to permtt Ctty Council to conduct tts CLOSED
SESSION, pursuant to Sectton 2 1-344(A), Code of Virginia, as amended, for the following purpose.
PERSONNEL MATTERS: Dtscusston, consideratton or intervtews of
prospective candidates for employment, asstgnment, appotntment,
promotton, performance, demotton, salaries, dtsciphntng, or restgnatton
of specific public officers, appointees, or employees pursuant to Section
2 1-344 (A) (1).
Boards and Commisstons.
Histortcal Revtew Board
Parks and Recreatton Commisston
Assistant Ctty Attorney
PUBLICLY-HELD PROPERTY' Discussion or constderation of the
condition, acquisition, or use of real propertyforpubhc purpose, or of the
&sposttion of pubhcly-held real property, for discussion tn an open
meeting whtch would adversely affect the bargatnmg posttion or
negottatmg strategy of thepublic bodypursuant to Sectton 2 1-344(A)(3).
Acquisition~Disposition of Real Property -
Central Business District
LEGAL MATTERS: Consultation with legal counsel or brtefings by staff
members, consultants, or attorneys pertaining to actual or probable
htigatton, where such consultatton or briefing in open meetings would
adversely affect the negottattng or littgatingposttion of thepubhc body and
consultatton with legal counsel employed or retained by a public body
regarding specific matters requiring the provtsion of legal advice by such
counsel pursuant to Sectton 2 1-344(A)(7)
Contractual Negotiation - Central Bustness Dtstrict
Legal Briefing - FERC Relicensing
Upon motion by Vtce Mayor Sessoms, seconded by Councilman Branch, City Councd voted to proceed tnto
CLOSED SESSION.
Voting 11-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr.,
Harold Hetschober, Barbara M. Henley, Louts R. Jones, Reba S
McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor
Wdham D. Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Counctl Members Absent.
None
October 12, 1999
- 15-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
October 12, 1999
2:10 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Council Chamber, City Hall Buddmg, on Tuesday, October 12, 1999, at 2 10 P M.
Council Members Present:
Linwood 0 Branch, III, Margaret L Eure, Wdham W. Harrison, Jr,
Harold Heischober, Barbara M Henley, Louis R Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice
Mayor Wilham D Sessoms, Jr and A. M "Don" Weeks
Councd Members Absent:
None
INVOCATION:
Reverend Jack Austin
Diamond Springs Christtan Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessoms, being a Corporate Officer of Wachovia Bank, &sclosed there were no matters on the
agenda in whtch he has a "personal interest", as defined tn the Act, esther indtvtdually or tn his capactty as
an officer of Wachovia Bank. The Vice Mayor regularly makes this Dtsclosure as he may not know of the
Bank's tnterest in any apphcatton that may come before C~ty Councd Vice Mayor Sessoms' letter of January
4, 1999, ts hereby made apart of the record.
October 12, 1999
Item V-E.
-16-
CER TIFICA TION OF
CLOSED SESSION
ITEM # 45543
Upon motion by Vice Mayor Sessoms, second ed by Councilman Branch, City Councd CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meettng
requirements by Vtrginia law were chscussed tn Closed Session to which
this certification resolution apphes;
AND,
Only such public business matters as were identified tn the motion
convening the Closed Sesston were heard, dtscussed or constdered by
Vtrgtnta Beach Ctty Council
Voting: 11-0
Council Members Voting Aye'
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Nancy Ko Parker, Vice Mayor
William D Sessoms, Jr. and A. M. "Don" Weeks
Councd Members Voting Nay:
None
Council Members Absent.
None
October 12, 1999
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM g45542 Page 14, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Ru~"ht Hodges Sm- ~-- Cith, MC/AAE
City Clerk
October 12, 1999
Item V-F. 1
-17-
MINUTES
ITEM # 45544
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Councd APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of October 5, 1999.
Voting: 11-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret £ Eure, William W. Harrtson, Jr.,
HaroM Hetschober, Barbara M Henley, Lores R. Jones, Reba S
McClanan, Mayor Meyera E Oberndorf Nancy K. Parker, Vtce Mayor
William D. Sessoms, Jr. and A M. "Don" Weeks
Council Members Voting Nay'
None
Council Members Absent.
None
October 12, 1999
Page 2
Oomber I2, 1999
lawsuit m~ans CeLlar Door ha~ or would ~ver condone di~crimia~ry pra~oes is ludicrous and
absurd.
To our -~.?-m~m, ~b~ seeorut allegation raised is that of Czllar Door's employment of a
p~rson wi~ a cflmk~l baok~otmd. Ni~ of all, the aaivity which led ~o this employee's
conviction occm'red well over tm y~rs ago and ~ employe~ lm no ~ wi~ or
respons/b//ity for p~rfonn/ng the Beach EvenU ~ Secon/, Calla~ Door flfll¥ investigamt
th~ c/~,~m~auces surround/rig this employee's pas~ a~ the time he was b/red. We comply
sa~fied ourselves ~ given ~ ciro~ su~undi~ ~ ~ent and the fa~t that ~ was a
sole aberraiion in a long and distinguished career and tb~_ ii had not ocom'red while he was
employed by us and was fully disclosed well b~t'ore ~ employee joined Cellar Door, w~ were
mor~ than ¢om~or~l~ having ~ person join ~t~ Cellar Door fs_~!!y whiz bo~ he and CeL~a~
Door have flourished and prosp~.d as a ~ re.mlt of this r~lalionship.
Cellar Door Produaiom of V'~ has a long. suocessfi~l history in Virginia Beaok
Please do not l~t the unsubs~tiated ami incomplete alleg~ons ora competitive rival bo
persuasive in the face of a proud, htsu~rical record of accompl~-,en~ in your ci~,
Very m~ly yours,
Associae Oeneral Counsel
MLO/Iv
Sack Boyle
Ken MaoDonald
ADOPT AGENDA
FOR FORMAL SESSION
ITEM#45545
BY CONSENSUS, C~ty Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
- 18-
Item V-G.I.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 45545
BY CONSENSUS, City Councd ADOPTED:
AGENDA FOR THE FORMAL SESSION
October 12, 1999
- 19-
Bem ~H.
RESOL UTION/ORDINANCE
ITEM # 45546
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED IN ONE
MOTION, Resoluaon 1 and Ordmance 2 of the CONSENT AGENDA.
Vottng. 11-0
Council Members Voting Aye:
Linwood 0 Branch, Ill, Margaret L. Eure, William W Harrtson, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor
Wilham D. Sessoms, Jr and A M. "Don" Weeks
Council Members Voting Nay'
None
Councd Members Absent:
None
October 12, 1999
- 20 -
Item V-H. 1.
RESOLUTION
ITEM # 45547
Upon motton by Vice Mayor Sessoms, seconded by Councdman Jones, City Councd ADOPTED
Resolutton to confirm the appointment of Beverley Kay Wdson to the
position of Asststant City Attorney effecttve November 1, 1999.
Voting. 11-0 (By Consent)
Council Members Votmg Aye'
Ltnwood O. Branch, III, Margaret L Eure, William W Harrison, Jr.
Harold Heischober, Barbara M Henley, Louis R Jones, Reba S.
McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vtce Mayor
Wtlliam D Sessoms, Jr. and A M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent.
None
October 12, 1999
A RESOLUTION APPOINTING BEVERLEY KAY
WILSON TO THE POSITION OF ASSISTANT
CITY ATTORNEY
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
5 BEACH, VIRGINIA:
That pursuant to § 2-166 of the Code of the City of
Virginia Beach, Virginia, Beverley Kay Wilson is hereby appointed
to the position of Assistant City Attorney, effective November 1,
9 1999.
10
11
Adopted by the Council of the City of Virginia Beach,
Virginia, on the
12 + October
day of , 1999.
12
13
14
15
CA-7503
ORDIN/NONCODE/Wilson. Res
October 1, 1999
R-1
16
17
18
19
APPROVED AS TO LEGAL
City Attorney
-21 -
Item V-H.2.
ORDINANCE
ITEM # 45548
Upon motton by Vice Mayor Sessoms, seconded by Counctlman Jones, C~ty Councd ADOPTED:
Ordtnance to ACCEPT and APPROPRIATE $42,000 from the
Commonwealth of Vtrginta to the FY 1999-2000 Operating Budget of the
Community Services Board to serve emottonally dtsturbed and mentally
challenged children.
Voting 11-0 (By Consent)
Council Members Vottng,dye:
£inwood O. Branch, III, Margaret £. Eure, William W. Harrison, Jr
Harold Heischober, Barbara M Henley, Louis R Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vtce Mayor
Willtam D Sessoms, Jr. and.4 M. "Don" Weeks
Council Members Vottng Nay:
None
Council Members Absent.
None
October 12, 1999
AN ORDINANCE ACCEPTING AND
APPROPRIATING $42,000 FROM THE
COMMONWEALTH OF VIRGINIA TO THE FY
1999-00 OPERATING BUDGET OF THE
COMMUNITY SERVICES BOARD
WHEREAS, the Community Services Board ("CSB") has
7 received $42,000 in funding from the Commonwealth of Virginia that
8 the CSB recommends be accepted and appropriated by City Council to
9 provide various services set forth below:
10
(a) $17,000 to provide flexible individualized services
11 to children with mental retardation who live at home, and
12
(b) $25,000 to establish a special project incorporated
13 into the Performance Contract with the State to provide additional
14 mental health services for children; and
15
WHEREAS, an additional 0.5 full-time equivalent clerical
16 position must be created to provide the additional services made
17 possible by the additional revenue.
18
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
19 OF VIRGINIA BEACH, VIRGINIA:
20
1. That funds in the amount of $42,000 are hereby
21 accepted from the Commonwealth of Virginia and appropriated to the
22 FY 1999-00 Operating Budget of the CSB, to be expended for the
23 purposes set forth below:
24
(a) $17,000 to provide flexible individualized services
25 to children with mental retardation who live at home, and
26
(b) $25,000 to establish a special project incorporated
27 into the Performance Contract with the State to provide additional
28 mental health services for children.
29
2. That an additional 0.5 full-time equivalent clerical
30 position is hereby added to the CSB's FY 1999-00 Operating Budget.
31 3. That funding for the services and programs described
32 in this ordinance is contingent upon continued state funding, and
33 if this funding is reduced or eliminated, then the programs or
34 services, as well as the position established to provide the
35 programs or services, may be reduced accordingly.
36
4. That estimated revenue in the CSB's 1999-00 Operating
37 Budget is hereby adjusted to reflect $42,000 in additional revenue
38 from the Commonwealth of Virginia.
39
Adopted by the Council of the City of Virginia
40 Beach, Virginia, on the 12th day of October, 1999.
41
Requires an affirmative vote by a majority of members of
42 City Council.
43
44
APPROVED AS TO CONTENT:
46 Management ServiC~
47 CA-7501
48 ORDIN~NONCODE~CSB $42000.ORD
49 OCTOBER 6, 1999
50 R3
APPROVED AS TO LEGAL
SUFFICIENCY:
~l~ty A~44/~4~tto~r~Y' ~' ~~ce
- 22 -
Item V-I ITEM # 45549
PLANNING
1. RADDD, LLC, a Virginia Limited Liability Company
MODIFY PROFFERS
COZ FERRELL PARKWAY
ASSOCIATES
(APPROVED: 3/24/98)
2.SPIRIT HOUSE, INC.
MODIFY GREEN R UN
LAND USE PLAN
3. THE CITY OF REFUGE CHRISTIAN
CHUR CH OF VIRGINIA
CONDITIONAL USE PERMIT
4. THE POTTER'S HOUSE OF CHRISTIAN CHURCH
CONDITIONAL USE PERMIT
October 12, 1999
- 23 -
Item V-I.
PLANNING
ITEM # 45550
Upon motton by Vice Mayor Sessoms, seconded by Councdman Jones, City Council APPROVED IN ONE
MOTION Items 1, 2, 3 (DEFERRED INDEFINITEL Y) and 4 of the PLANNING BY CONSENT
AGENDA.
Item I. 3 was DEFERRED INDEFINITEL Y, B Y CONSENT.
Vottng' 11-0 (By Consent)
Council Members Voting Aye'
Ltnwood 0 Branch, III, Margaret L. Eure, William W.. Harrtson, Jr.,
Harold Heischober, Barbara M. Henley, Louts R. Jones, Reba S
McClanan, Mayor Meyera E. Oberndor~, Nancy K. Parker, Vtce Mayor
Willtam D. Sessoms, Jr. and A. M. "Don" Weeks
Counctl Members Voting Nay:
None
Councd Members Absent:
None
Council Lady Parker voted a VERBAL NAY on Item I. 1.
October 12, 1999
Item V-I. 1.
- 24 -
PLANNING
ITEM # 45551
Upon motton by Vtce Mayor Sessoms, seconded by Councilman Jones, Ctty Council APPROVED
Application of RADDD, LLC, a Vtrginta Ltmited Ltabihty Company to Modify the Proffers approved March
24, 1998, for a Change of Zoning District Class~ficatton from 0-2 Office District to Conchtional B-IA
Ltmtted Community Bustness District tn behalf of Ferrell Parkway Assoctates, Inc.
Ordinance upon Application of RADDD, LLC, a Vtrgtnta Ltmtted
Ltabtltty Company to Modify the Proffers approved March 24, 1998,
for a Change of Zontng Distrtct Classificatton from 0-2 Office
District to Condittonal B-IA Ltmited Community Bustness Distrtct tn
behalf of Ferrell Parkway Associates, Inc., on property West of
General Booth Boulevard, 150 feet more or less North of Ferrell
Parkway (GPIN #2414-05-5571), contaimng 1.4 acres (PRINCESS
ANNE- DISTRICT)
The proffers shall be modtfied as follows'
When the property is developed, it shall be developed
substanttally as shown on the exhibtt entttled "CONCEPTPLAN
FRIENDL Y'S RESTAURANT AT STRA WBRIDGE, dated June
8, 1999, "Rev August 23, 1999, prepared by Gallup Surveyors
& Engineers, Ltd, which has been exhtbtted to the Vtrgtnta
Beach City Council and ts on file with the Vtrgtnia Beach
Department of Planmng (heremafter "Site Plan ").
,
When the Property is developed, it shall be landscaped
substantially as deptcted on the exhibit entitled "Landscape Plan
Friendly's Restaurant at Strawbridge, "dated June 8, 1999, Rev.
August 23, 1999, prepared by Gallup Surveyor's & Engineers,
Ltd and Patsy Kerry, which has been exhtbtted to the Virginia
Beach City Counctl and ts on file with the Virginia Beach
Department of Planntng (hereinafter "Site Plan ").
o
The restaurant depicted on the Site Plan shall have the
architectural design, and appearance as depicted on the
elevattons titled "Friendly's Restaurants Strawbridge Center -
PROPOSED RIGHT-SIDE AND REAR EXTERIOR
ELEVATIONS" and "Frtendly 's Restaurants Strawbrtdge Center
- PROPOSED LEFT-SIDE AND FRONT EXTERIOR
ELEVATIONS," DATED 8/23/99 prepared by Doshi Tavaras
Architects, PLLC, which have been exhibited to the Vtrgima
Beach Ctty Council and ts on ftle wtth the Vtrginta Beach
Department of Planmng (hereinafter "Elevattons ")
The building materials used to construct the visible exterior
surfaces of the restaurant wtll be those deptcted and destgnated
on the Elevations wtth the primary surface material being a
colonial reddtsh brown brtck.
The freestanding sign identtfied on the Stte Plan shall be a low
level stgn between brtck columns as deptcted on the elevatton
tttled "Ptlon Sign (40 S.F), August 23, 1999, Strawbrtdge,"
whtch has been exhibited to the Virgtnta Beach City Counctl and
is on ftle wtth the Virginia Beach Department of Planning This
stgn shall only be externally illumtnated from ground level
October 12, 1999
Ite~ V-I. 1.
- 25 -
PLANNING
ITEM # 45551 (Continued)
10
The only tnternal illumtnatton permitted on budding-mounted
stgns shall be indivtdual lettering of the words on the stgns No
background hghttng shall be permttted on any buildtng mounted
stgnage. No neon hghting vtsible from General Booth Boulevard,
McComas Way, or adjoimng property shall be permttted to be
placed on the property
The parking lot hghting shall be "colomal style" utdizing
"Untque Solutions type RSL-350, Black Tradttional Residenttal
Postop Ftxture" (or an equtvalent fixture approved by the
Planning Director prior to the issuance of an Occupancy
PermtO, on black tapered aluminum poles no greater than
fourteen feet (14') tn height All outdoor ltghttng shall be
shielded, deflected, shaded and focused to direct hght onto the
premises and away from adjoimng property
The outdoor chning plaza depicted on the Site Plan shall have
appropriate metal outdoor furnishtngs tn earth tone colors.
The only uses whtch will be permttted in place of a Friendly's
Restaurant in the buil&ng deptcted on the Site Plan and
Rendering are. (a) another eattng and drinktng establishment
without drive-through windows as permitted within the B-IA
Ltmited Community Bustness District; or (b) those permitted
wtthtn the 0-2 Office Zoning Distrtct and not prohtbtted within
the B-IA Limited Community Business Dtstrtct.
As to the property descrtbed herein, the Covenants, Restrtcttons
and Condtttons set forth herein supersede, in their enttrety, those
Covenants, Restrtcttons and Condtttons set forth in that certatn
Agreement duly recorded tn the Clerk's office of the Ctrcutt
Court of the Ctty of Vtrgtnia Beach, Virginia, in Deed Book
3869, at Page 0152.
11. No change.
Voting'
10-1 (By Consen0
Councd Members Voting Aye.
Linwood 0 Branch, IIL Margaret L. Eure, Wdliam W. Harrison, Jr.,
Harold Heischober, Barbara M Henley, Louis R Jones, Reba S.
McClanan, Mayor Meyera E Oberndo~ Vice Mayor Wilham D. Sessoms,
Jr and A M. "Don" Weeks
Councd Members Voting Nay:
Nancy K Parker
Council Members Absent.
None
October 12, 1999
0~. OUR
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No DF-4976
DATE' September 27, 1999
TO: Leslie L. Lilley DEPT: City Attorney
FROM' William M. Macali ~'M DEPT: City Attorney
RE:
Conditional Zoning Application
Ferrell Parkway Associates, Inc. and RADDD, Inc.
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on October 12, 1999. I have reviewed the subject proffer agreement, dated June
15, 1999, and have determined it to be legally sufficient and ~n proper legal form. A copy of
the agreement ~s attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
WMM
Enclosure
PREPARED BY
SYKES CARNES BOURDON
& AHERN PC
A'i~I'ORNEYSATLAW
FERRELL PARKWAY ASSOCIATES, INC., a Virgima corporation
and
RADDD, LLC, a Virginia limited liability company
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
V~rg~nia
THIS AGREEMENT, made this 15th day of June, 1999, by and between
FERRELL PARKWAY ASSOCIATES, INC., a Virginia corporation, Property Owner,
and RADDD, LLC, a Virginia limited liability company, Contract Purchaser, herein
collectively referred to as Grantors; and THE CITY OF VIRGINIA BEACH, a
municipal corporation of the Commonwealth of Virginia, Grantee, party of the
second part.
WITNESSETH:
WHEREAS, Property Owner is the owner of a certann parcel of property
located in the Pnncess Anne Borough of the C~ty of Virgima Beach, containing
approxamately one and four-tenths of an acre (1.40) and described ~n Exhibit "A'°
attached hereto and incorporated herein by this reference, smd property
hereinafter referred to as the "Property"; and
WHEREAS, the Grantors have initiated a conditional amendment to the
Zomng Map of the C~ty of Virgima Beach, Virginia, by petition addressed to the
Grantee so as to modify, in its entirety, the previously proffered Covenants,
Restrictions and Conditions govermng development of the Property; and
WHEREAS, the Grantors have requested Grantee to permit this modification
of the previously proffered Covenants, Restrictions and Conditions dated
September 30, 1997 to reflect the amendments apphcable to the land use plan on
the Property; and
WHEREAS, the Grantee's policy is to prowde only for the orderly
development of land for various purposes through zoning and other land
development legislation; and
PREPARED BY
SYKES CARNES BOURDON
& AHERN PC
ATTORNEYS ATLAW
WHEREAS, the Grantors acknowledge that the competing and sometimes
incompatible development of various types of uses conflict and that in order to
permit differing types of uses on and in the area of the Property and at the same
t~me to recogmzes the effects of change that wdl be created by the Grantors'
proposed rezoning, certain reasonable conditions governing the use of the Property
for the protection of the community that are not generally applicable to land
s~milarly zoned are needed to resolve the situation to which the Grantors' rezoning
application gives rise; and
WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of
and prior to the pubhc hearing before the Grantee, as a part of the proposed
amendment to the Zoning Map with respect to the Property, the following
reasonable conditions related to the physical development, operation, and use of
the Property to be adopted as a part of said amendment to the Zoning Map relative
and applicable to the Property, which has a reasonable relation to the rezoning
and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantors, their successors, personal
representatives, assigns, Grantees, and other successors ~n title or interest,
voluntardy and without any requirement by or exaction from the Grantee or ~ts
governing body and without any element of compulsion or qmd pr.o quo for zomng,
rezoning, site plan, building permit, or subdivision approval, hereby makes the
following declaration of conditions and restrictions which shall restrict and govern
the physical development, operation, and use of the Property and hereby
covenants and agrees that this declaration shall constitute covenants running with
the Property, which shall be binding upon the Property and upon all parties and
persons claiming under or through the Grantors, their successors, personal
representatives, assigns, Grantees, and other successors ~n ~nterest or title:
1. When the Property is developed, it shall be developed substantially as
shown on the exhibit entitled 'CONCEPT PLAN FRIENDLY'S RESTAURANT AT
STRAWBRIDGE, dated June 8, 1999," Rev. August 23, 1999, prepared by Gallup
Surveyors & Engineers, Ltd., which has been exhibited to the V~rgima Beach City
PREPARED BY
;YKES CARNES BOURDON
& AHERN PC
ATI'ORNEYSATLAW
Council and is on file with the Virginia Beach Department of Planning (hereinafter
"Site Plan").
2. When the Property is developed, it shall be landscaped substantially
as depicted on the exhibit entitled "Landscape Plan Fnendly's Restaurant at
Strawbridge, dated June 8, 1999", Rev. August 23, 1999, prepared by Gallup
Surveyors & Engineers, Ltd. and Patsy Kerr, which has been exhibited to the
Virginia Beach City Council and is on file with the Virginia Beach Department of
Planning (hereinafter "Site Plan").
3. The restaurant depicted on the Site Plan shall have the architectural
design, and appearance as depicted on the elevations titled "Fnendly's Restaurants
Strawbridge Center - PROPOSED RIGHT-SIDE AND REAR EXTERIOR
ELEVATIONS" and "Friendly's Restaurants Strawbridge Center - PROPOSED
LEFT-SIDE AND FRONT EXTERIOR ELEVATIONS", dated 8/23/99 prepared by
Doshi Tavaras Architects, PLLC, which have been exhibited to the Virginia Beach
City Council and is on file with the Virginia Beach Department of Planning
(hereinafter "Elevataons").
4. The building materials used to construct visible exterior surfaces of
the restaurant will be those depicted and designated on the Elevations with the
primary surface material being a colonial reddish brown brick.
5. The freestanding sign identified on the Site Plan shall be a low level
sign between brick columns as depicted on the elevation titled "Pilon Sign (40
S.F.), August 23, 1999, Strawbridge", which has been exhibited to the Virginia
Beach City Council and is on file with the Virginia Beach Department of Planning.
This sign shall only be externally illuminated from ground level.
6. The only internal illumination permitted on building-mounted signs
shall be the individual lettering of the words on the signs. No background lighting
shall be permitted on any building mounted signage. No neon lighting visible from
General Booth Boulevard, McComas Way, or adjoining property shall be permitted
to be placed on the Property.
PREPARED BY
SYKES CARNES BOURDON
& AHERN PC
ATTORNEYS AT LAW
7. The parking lot lighting shall be "colonial style" utilizing "Unique
Solutions type RSL-350, Black Traditional Residential Postop Fixture" (or an
equivalent fixture approved by the Planning Director prior to the issuance of an
Occupancy Permit), on black tapered aluminum poles no greater than fourteen feet
(14~ in height. All outdoor lighting shall be shielded, deflected, shaded and
focused to direct light onto the premises and away from adjoining property.
8. The outdoor dining plaza depicted on the Site Plan shall have
appropriate metal outdoor furnishings in earth tone colors.
9. The only uses which will be permitted in place of a Friendly's
Restaurant in the building depicted on the Site Plan and Rendering are a) another
eating and drinking establishment without drive-through windows as permitted
within the B-lA Limited Community Business District; or b) those permitted
within the 0-2 Office Zoning District and not prohibited within the B-IA Limited
Community Business District.
10. As to the Property described herein, the Covenants, Restrictions and
Conditnons set forth herein supersede, in their entarety, those Covenants,
Restrictions and Conditions set forth in that certain Agreement duly recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in
Deed Book 3869, at Page 0152.
11. Further conditions may be required by the Grantee during detailed
Site Plan review and administration of applicable City codes by all cognizant City
agencies and departments to meet all applicable City code requirements.
All references hereinabove to B-lA and 0-2 Districts and to the
requirements and regulations applicable thereto refer to the Comprehensive
Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach,
Virginia, in force as of the date of approval of this Agreement by City Council,
which are by this reference incorporated herein.
The above conditions, having been proffered by the Grantors and allowed
and accepted by the Grantee as part of the amendment to the Zoning Ordinance,
shall continue in full force and effect until a subsequent amendment changes the
PREPARED BY
SYKES CARNES BOURDON
& AHERN PC
ATTORNEYS ATLAW
zoning of the Property and specifically repeals such conditions. Such conditions
shall continue despite a subsequent amendment to the Zomng Ordinance even ~f
the subsequent amendment is part of a comprehensive implementation of a new or
substantially revised Zomng Ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varied by written ~nstrument recorded in
the Clerk's Office of the Circuit Court of the City of Virgxnia Beach, Vargima, and
executed by the record owner of the Property at the time of recordation of such
instrument, provided that said instrument is consented to by the Grantee in
writing as evidenced by a certified copy of an ordinance or a resolution adopted by
the governing body of the Grantee, after a public hearing before the Grantee which
was advertised pursuant to the provisions of Section 15.2-2204 of the Code of
Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along
with said instrument as conclusive evidence of such consent, and if not so
recorded, said instrument shall be void.
The Grantors covenant and agree that:
(1) The Zomng Admimstrator of the City of Virgama Beach, Virgima, shall
be vested with all necessary authority, on behalf of the govermng body of the City
of Virginia Beach, Virgima, to administer and enforce the foregoing condmons and
restrictions, including the authority (a) to order, in writing, that any
noncompliance with such conditions be remedied, and (b) to bring legal action or
suit to ansure compliance with such conditions, ~ncluding mandatory or
prohibitory injunction, abatement, damages, or other appropriate action, suit, or
proceeding;
(2) The failure to meet all conditions and restrictions shall constitute
cause to deny the assuance of any of the required buildang or occupancy permits as
may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made
pursuant to these provisions, the Grantor shall petition the governing body for the
review thereof prior to instituting proceedings in court; and
PREPARED BY
DYKES CARNES BOURDON
& AHERN PC
A'I-rORNEYSATLAW
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zomng of the Property, and the ordinances
and the conditions may be made readily available and accessible for public
inspection in the office of the Zoning Adminmtrator and ~n the Planning
Department, and they shall be recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, V~rginia, and indexed in the names of the Grantors and
the Grantee.
PREPARED BY
SYKES CARNES BOURDON
& AHERN PC
A'I-FORNEYSATLAW
WITNESS the following signature and seal:
GRANTOR:
FERRELL PARKWAY ASSOCIATES, INC.,
a Virginia corporation
Thomas C. Broyles, q~resident
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
The foregoing instrument was acknowledged before me this 16th day of
June, 1999, by Thomas C. Broyles, President of Ferrell Parkway Associates, Inc., a
Virginia corporation, on behalf of said corporation.
Notary Public
My Commission Expires: August 31, 2002
PREPARED BY
SYKES, CARNES BOURDON
& AHERN PC
A'I-t'ORNEYSA~LAW
WITNESS the following signature and seal:
GRANTOR:
RADDD, LLC, a Virginia limited liability
company
Deanna S. Lloyd, Memb~
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
The foregoing instrument was acknowledged before me this 15th day of
June, 1999, by Deanna S. Lloyd, Member of RADDD, LLC, a Vlr3.:nis hmited
habflity company, on behalf of said company.
Not~ Public
My Commission Expires' August 31, 2002
PREPARED BY
SYKES CARNES BOURDON
& AHERN PC
A'[-I'ORNEYSA~LAW
EXHIBIT "A"
Beginning at the south-eastern Corner of Parcel A-3 as shown by the TAF Group
titled "Subdivision of Parcel A-1 of Ferrell Parkway Associates, Inc.", recorded in
Map Book 240 at page 22, in the Clerk's Office of the City of Virginia Beach, smd
point falling along the Northernly line of General Booth Boulevard, thence curving
to the right a radius of 2,619.82, a distance of 56.78' to a point, thence S 08 00'
08' E a distance of 14.28' to a point thence continuing along said right of way
along a curve to the right a radius of 418.00 a length of 75.00' to a point, thence
continuing along said right of way curve to the left a radius of 462.00' a distance of
101.23' to a point, thence continuing along said right of way a curve to the left of
the radius of 1,622.17' to a point, a length of 90.00' to a point, thence departing
from said right of way along a bearing of N33 44' 53" W a distance of 292.02' to a
point, thence along a length of 48.94' to a point, thence N28 20' 00' W a distance
of 9.78' to a point, thence N59 42' 47" E a distance of 207.70' to a point, thence
S42 02' 45" E a d~stance of 178.58" to the point of beginning, containing
approximately 1.4 acres.
CONDREZN/FRIENDLY/PROFFER 1
Item V-I.2.
- 26-
PLANNING
ITEM # 45552
Upon motion by Vice Mayor Sessoms, seconded by Counctlman Jones, Ctty Councd ADOPTED an
Ordinance upon Application of SPIRIT HOUSE INC., to Mod~_ the Green Run Land Use Plan to allow
a group home.
ORDINANCE UPON APPLICATION OF SPIRIT HOUSE, INC, FOR A
MODIFICATION TO THE GREEN R UN LAND USE PLAN TO ALLO WA
GROUP HOME ZO1091146
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Sptrit House Inc , for a modificatton to the
Green Run Land Use Plan to allow a group home on certatn property
located on the east side of Pecan Court, south of Primrose Lane (GPIN
#1485- 77-53 78). Saidparcel is located at 1435 Pecan Court and contains
9,120 square feet more or less. DISTRICT 7 - PRINCESS ANNE
The followtng condittons shall be requtred:
Use of the property shall consist of an Adult Care Residence to
include residential accommodattons and counseling and related
servwes for residents
2. There shall be no more than four (4) residents living tn the home
and one (1) live-in admimstrator.
There shall be no extertor evtdence that the facihty is used in any
way other than as a single-family dwelling, except for a stgn on
a mailbox or a 1-foot by 1-foot sign on the house.
Any vehtcle larger than a standard automobile, such as a van or
a bus, whtch is used to transport residents to and from the
restdence shall access the residence from the adjacent parlang
lot of Holy Sptrtt Cathohc Church rather than from Pecan Court
This Or&nance shall be effective tn accordance with Section 107 (f) of the Zoning Ordinance
Adopted by the Council of the C~ty of Virgtnia Beach, Vtrgima, on the Twelfth of October, Ntneteen Hundred
and Ntne~-Ntne
Voting: 11-0 (By Consent)
Council Members Voting Aye.
Ltnwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr.,
Harold Hetschober, Barbara M. Henley, Louts R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vtce Mayor
Wtlliam D. Sessoms, Jr and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent'
None
October 12, 1999
Item V-I.3.
-27-
PLANNING
ITEM # 45553
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Jones, Ctty Council DEFERRED
INDEFINITEL Y, an Ordinance upon applicatton of THE CITY OF REFUGE CHRISTI4N CHURCH
OF VIRGINIA for a Conchtional Use Permit. for a church.
ORDINANCE UPON APPLICATION OF THE CITY OF REFUGE
CHRISTIAN CHURCH OF VIRGINIA FOR A CONDITIONAL USE
PERMIT FOR A CHURCH R010993000
Ordinance upon application of The Ctty of Refuge Chrtsttan Church of
Virginta for a Conchtional Use Permit for a church on certatn property
located on the east side of Princess Anne Road 745feet more or less south
of Gum Bridge Road (GPIN #2401-95-5408) Satdparcel is located at 1344
Princess Anne Road and contains 15.67 acres PRINCESS ANNE
Voting: 11-0 (By Consent)
Council Members Voting Aye'
Linwood O. Branch, III, Margaret L Eure, William W. Harrison, Jr.,
Harold Hetschober, Barbara M Henley, Louis R. Jones, Reba $.
McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor
Wtlliam D Sessoms, Jr and A M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent
None
October 12, 1999
Item V-I.4.
- 28 -
PLANNING
ITEM # 45554
Upon motion by Vice Mayor Sessoms, seconded by Counctlman Jones, City Counctl ADOPTED an
Ordinance upon applicatton of THE POTTER'S HOUSE CHRISTIAN CHURCH for a Conditional Use
Permtt for a church:
ORDINANCE UPON APPLICATION OF THE POTTER'S HOUSE
CHRISTIAN CHURCH FOR A CONDITIONAL USE PERMIT FOR A
CHURCH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of The Potter's House Christian Church for
a Conditional Use Permttfor a church at the southeast corner of Holland
Road and Diana Lee Drive (GPIN #1486-73-7186). Satd parcel ts located
at 3452 Holland Road and contatns 3 119 acres DISTRICT 3 - ROSE
HALL.
The followtng condittons shall be required.
1 The unit shall be used for gathenngs only dunng the evenings
between 6. 30 and lO:OO pm and all day Sunday.
2 No more than seventy-five (75) people can attend meettngs or
gatherings at any one ttme.
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance
Adopted by the Council of the Cay of Virgima Beach, Virginia, on the Twelfth of October, Nineteen Hundred
and NineS-Nine
Vottng. 11-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr.,
Harold Hetschober, Barbara M Henley, Louts R. Jones, Reba S
McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vtce Mayor
Wtlliam D. Sessoms, Jr. and A M. "Don" Weeks
Counctl Members Vottng Nay.
None
Counctl Members Absent
None
October 12, 1999
- 29 -
Item VoJ.
APPOINTMENTS
ITEM it 45555
BY CONSENSUS, City Councd RESCHEDULED the following APPOINTMENTS.
HISTORICAL REVIEW BOARD
PARKS AND RECREATION COMMISSION
October 12, 1999
- 30-
Item V-L. 1.
NE W BUSINESS
ITEM # 45556
B Y CONSENSUS, Ctty Council ACCEPTED, FOR RECORDATION:
ABSTRACT OF CIVIL CASES RESOLVED - SEPTEMBER 1999
October 12, 1999
- 31 -
Item V-M.
AD JO URNMENT
ITEM # 4555 7
Mayor Meyera E. Oberndorf DECLARED the City Council Meettng ADJOURNED at 2:23 P.M.
Chtef Deputy Ctty Clerk
C~ty Clerk
Meyera E. Oberndorf
Mayor
Ctty of Vtrgtnta Beach
Virgtnta
October 12, 1999