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SEPTEMBER 14, 1993 MINUTES~it~ o£ Vi~~ir~i~ [3~~~1~ "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E OBERNDORF, At Large VICE MAYOR WILLIAM D SESSOMS JR, At Large JOHN ,q BAUM, Blackwater Borough LINWOOD 0 BRANCH Ill Vzrgmta Beach Borough JAMES W BRAZIER, JR, Lynnhaven Borough ROBERT W CLYBURN, Kemp~dle Borough ROBERT K DEAN, Princess Anne Borough LOUIS R JONES, Bays~de Borough PAUL J LANTEIGNE Pungo Borough JOHN f) MOSS At Large NANCY K PARKER, At-Large ]AMES K SPORE, Ctty Manager LESLIE L L/I I Fy, C~ty Attorney RUTH HODGES SMITH CMC / AAE C~ty Clerk CITY COUNCIL AGENDA .0,~ OUR N~IxO 281 CITY ttALL BUILDING MUNICIPAL ( EN'I ER VIR( ,INI 4 BEA( tt VIRGINIA 2?456 900S {804~ 427 4 ?03 SEPTEMBER 14, 1993 CITY MANAGER'S BRIEFING A, EXCEPTIONAL WATERS Robert J. Scott, Director of Planning - Council Chamber - 11:00 AM II. RECESS 12:30 PM III. CITY MANAGER'S PRESENTATION - Council Chamber - A, CAPITAL IMPROVEMENT PROGRAM Dean E. Block, Director of Management and Budget 1:00 PM IV. INFORMAL SESSION Ao a. CALL TO ORDER - Mayor Meyera E. Oberndorf ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION - Council Chamber - 1:30 PM V. FORMAL SESSION - Council Chamber - 2:00 PM A. Bo Co CALL TO ORDER - Mayor Meyera E. Obemdod INVOCATION: Reverend Jess Jackson Westwood Hills Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS - September 7, 1993 G. MAYOR'S PRESENTATION . AWARD OF EXCELLENCE - National AAA Pedestrian Protection Program E. W. Timmons, Director of Public Affairs AAA of Tidewater, Virginia H. 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. . . . . . Resolution approving the amendment/refunding of the Authority's $700,000 1985 Industrial Development Revenue Bond issued for the Edmonds Company Virginia II's acquisition, construction and equipping of manufacturing and warehouse facilities located at 1493 London Bridge Road, Virginia Beach, Virginia re continuance of financing. Ordinance to ACCEPT and APPROPRIATE a $124,000 Grant from the Commonwealth of Virginia re Virginia Marine Science Museum expansion capital project; and, increase revenue accordingly. Ordinance to ACCEPT and APPROPRIATE a $11,876 Grant from the State Subregional Library for the Blind to FY 1993-94 Operating Budget of the Library Department re purchase of computer technology for the Special Services Ubrary. Request of permit re operating an invalid (wheel chair) transport service in the City of Virginia Beach to qualify for a contract for the V A Hospital in Hampton, Virginia: United Ambulance Service, Inc. Ordinance authorizing Ucense Refunds in the amount of $21,018.49. I. RESOLUTIONS . . Resolution directing the City Manager to file written comments with the Virginia Department of Environmental Quality concerning amendments to the Virginia Water Quality Standards and the adoption process for Exceptional Waters under the Antidegradation Policy - VR 680-21-01.3.C. Resolution of support for the Transit Proposal developed by the Virginia Department of Transportation and Tidewater Transportation District Commission to operate an express bus service from selected Park and Ride lots in the City of Virginia Beach to Downtown Norfolk and the Norfolk Naval Base. J. PUBUC HEARING 1. PLANNING a. Application of CHURCHILL DOWNS INCORPORATED for a Conditional Use Permit for a recreational facility_ of an outdoor nature (horse race track and accessory_ uses) and line-of-sight relay devices at the Southeast intersection of Dam Neck Road and Harpers Road, containing 245 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL b. Petition of TAYLOR GROUP, I_P., CLAUDE P. BROWN, BETTY B. BOURDON and DORIS B. LAWRENCE for the discontinuance, closure and abandonment of Old London Bridge Road beginning at the Eastern boundary of Harpers Road and running in a Southeasterly direction a distance of 3500 feet more or less (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL C. Application of McGINNIS REALTY for a Variance to Section 4.5 of the Subdivision Ordinance which requires that the developer reserve within the proposed subdivision 'a parcel of land for open space and recreational purposes', on the North side of Old Donation Parkway, 1600 feet more or less East of North Great Neck Road (LYNNHAVEN BOROUGH). Recommendation: APPROVAL d. Application of VIRGINIA BEACH CITY PUBUC SCHOOLS for a Change of Zoning District Classification from I-1 Light Industrial District to AG-1 Agricultural District on the North side of Dam Neck Road beginning at a point 1700 feet more or less West of General Booth Boulevard, containing 68.551 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL e. Application of SEA BAY DEVELOPMENT CORPORATION for a Conditional Change of Zoning District Classification from R-5S Residential Single-Family District to RT-3 Resort Tourist District on the North side of Norfolk Avenue, 70 feet more or less West of Pacific Avenue, containing 35,544 square feet (VIRGINIA BEACH BOROUGH). Recommendation: APPROVAL Applications of INDIAN RIVER PLANTATION, INC., INDIAN RIVER COUNTRY CLUB ESTATES, LP., ROBERT F. RIPLEY and THOMAS VANCE (PRINCESS ANNE BOROUGH)' (1) Variance to Section 4.4(b) of the Subdivision Ordinance which requires lots created by subdivision must meet all requirements of the City Zoning Ordinance at the Northwest intersection of Indian River Road and West Neck Road. (2) Change of Zoning District Classification from R-40 Residential District to R-20 Residential District, containing 98.8 acres: Parcel 1' North side of Indian River Road beginning at a point 2300 feet more or less West of West Neck Road. Parcel 2: 1700 feet North of Indian River Road beginning at a point 1150 feet more or less West of West Neck Road. Parcel 3; North side of Indian River Road beginning at a point 5800 feet more or less West of West Neck Road. (3) Conditional Use Permit for an O.r)en-S.oace PromQtiol3 at the Northwest intersection of Indian River Road and West Neck Road, containing 279.2 acres. Recommendation: APPROVE ALL APPUCATIONS g. Applications of INDIAN RIVER PLANTATION, INC. and INDIAN RIVER COUNTRY CLUB ESTATES, L.P. for Change of Zoning District Classifications (PRINCESS ANNE BOROUGH)' From AG-1 Agricultural District to R-20 Residential District, containing 63.3 acres: Parcel 1; 650 feet North of Indian River Road beginning at a point 600 feet more or less West of West Neck Road. 1400 feet North of Indian River Road beginning at a point 1200 feet more or less West of West Neck Road. Parcel 3: 1000 feet North of Indian River Road beginning at a point 2100 feet more or less West of West Neck Road. Parcel 4; 600 feet North of Indian River Road beginning at a point 2800 feet more or less West of West Neck Road. parcel 5: 1360 feet North of Indian River Road beginning at a point 5050 feet more or less West of West Neck Road. (2) From AG-2 Agricultural District to R-20 Residential District, containing 117.1 acres: Parcel 1; Northwest intersection of Indian River Road and West Neck Road. 1200 feet North of Indian River Road beginning at a point 1650 feet more or less West of West Neck Road. Parcel 3; 2880 feet more or less West of the intersection of Indian River Road and West Neck Road. Parcel 4: 680 feet North of Indian River Road beginning at a point 2750 feet more or less West of West Neck Road. Parcel 5; 2400 feet more or less North of Indian River Road beginning at a point 3400 feet more or less West of West Neck Road. Parcel 6: 1250 feet North of Indian River Road beginning at a point 3800 feet more or less West of West Neck Road. P~,rcet 7; 1350 feet North of Indian River Road beginning at a point 5320 feet West of West Neck Road. Recommendation: APPROVE ALL APPLICATIONS K. UNFINISHED BUSINESS 1. Reapportionment L. ADJOURNMENT If you are physically disabled, hearing or visually impaired and need assistance at this meeting please call the CITY CLERK'S OFFICE at 427-4305 VOICE OR TDD by MONDAY 9:00 AM 9/9/93mlm/cmd/bp AG EM DA\091493. PLN MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 14, 1993 Mayor Meyera E. Oberndorf called to order the CITY MANAGER's BRIEFINGS of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, September 14, 1993, at 11:00 A. M. Council Members Present: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis t~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy I~ Parker Council Members Absent: Vice Mayor William D. Sessoms, Jr. [ENTERED: 11:12 A.M.} Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed with the exception of the application of' Sea Bay Development Corporation on which he will ABSTAIN, there are no matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Central Fidelity Banlc The Vice Mayor regularly files this Disclosure with the City Clerk as he may or may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of September 14, 1993, is hereby made a part of the record. -2- CITY MANAGER'S BRIEFINGS EXCEPTION,4L WATERS 11:00 A.M. ITEM # 37199 City of Virginia Beach WILLIAM D SESSOMS JR VICE MAYOR 809 GREENTREE ARCH VIRGINIA BEACH VIRGINIA 23451 (804) 455 5732 September 14, 1993 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk's Office Municipal Center Virginia Beach, VA 23456 Re: Conflict of Interests Act Dear Mrs. Smith: In accordance with my letter to you dated August 10, 1993, I have thoroughly reviewed the agenda for the September 14, 1993, meeting of City Council for the purpose of identifying any matters in which I might have an actual or potential conflict under the Virginia Conflict of Interests Act. Based on that review, please be advised that, to the best of my knowledge, with the exception of the application of Sea Bay Development Corporation which was deferred and on which I abstained, there are no matters on the agenda in which I have a "personal interest," as defined in the Act, either individually or in my capacity as an officer of Central Fidelity Bank. Accordingly, I respectfully request that you record this letter in the official records of the Council. Thank you for your assistance and cooperation in this matter. Very truly yours, William D. Sessonts Vice-Mayor , Jr. WDS,Jr./dmc -3- CITY MANAGER'S BRIEFINGS EXCEPTIONAL WATERS ITEM # 37199 (Continued) There were already two categories existing in the antidegradation policy relative protection of waters. This third category was added in 1992 which sets up the procedure whereby waters may be designated as Exceptional. Forty-five nominations have been received Fifteen have been withdrawn by nominators, after conferring with local government officials. The North Landing River nomination was submitted on November 16, 1992. The Department needs to evaluate these nominations to determine if they are adhering to the basic criteria in the regulation. After a general review, it was determined fifteen of the thirty outstanding nominations have provided enough information, so an evaluation can be made as to their eligibility. This designation of Exceptional Waters requires the Department to go through the State Administration Process Act. This process involves public participation. After careful review, if some of the waters are determined eligible, the Department will go to the Board requesting Public Hearing. Then, the Department will go back to the Board and request adoption or denial of the nominations. Effective July 1, 1993, there were statutory changes to the State Administrative process. These changes are much broader than just Exceptional Waters, it opens up the entire Water Quality Standards' regulation to comment. Miss Gregory advised the earliest nominations could be presented to the Board would be October 25, 1993. They will probably start with nominations that are more clear cut and less controversial to have a positive commencement to the program. Hearings would be held in the first part of 1994, if nominations were brought forward in October with a mid to late 1994 adoption. After the thirty nominations have been processed, the Department will possibly nominate some waters, which seem appropriate to the agency. There is a 60-day comment period. If the City should request, there may be a Public Meeting prior to the Public Hearing. Therefore, there are at least two extra times to comment. Even after adoption of the nomination by the Board, there is a thirty day waiting period. The General Assembly or the Governor may stop the process by advising they wish to address same at their next meeting of the General Assembly. If changes have been made in the language since the nomination went to Public Hearing, twenty-five citizens can write and request another Public Hearing. Once the regulation is finally effective, it must be submitted to the Environmental Protection Agency for approval. Until the water body is actually designated and effective as an amendment to the regulations, the water body is not provided any special protection. The intent of this designation is to set aside waters for protection from degradation. After official designation, the only way an Exceptional Water designation can be removed is due to a technical or procedural error when adopting the regulation. The initial designation of a water body is based on three decision criteria which are evaluated at the staff level. Miss Gregory advised the following steps of the process: Notify potential impacted parties including local governments before going to Public Hearing. Assess environmental benefits, as well as economic impacts. All correspondence will be included in the official file for the Public Hearings on a specific nomination. There is a Comment Period of 60 days with a Public Hearing in the area of Nomination. This Hearing is held by a Board Member representing that area. The Board is comprised of 7 Members, appointed by the respective Governors for staggered 4-year terms. The entire Board will make a decision at a Public Meeting in Richmond, based on public comment, decision criteria and EPA review, whether or not to designate the water body at their Board Meeting. September 14, 1993 -4- CITY MAN,4GER'S BRIEFINGS EXCEPTIONAL WATERS ITEM # 37199 (Continued) The Environmental Protection Agency Guidance Document in 1991 advised once a water body is designated as an exceptional water, there can be no new or increases in discharges to those discharges already existing. New mixing zones or an increase in mixing zones would also be prohibited. The regulation only addresses permitted discharges that are new or expanded. Concerning construction of water conveyance structures, a development could occur in this zone on land, as quite often sewerage is connected to a regional sewage plant outside of the immediate area of the county. It would be possible to pipe that material to a regional sewerage treatment plant, pipe it outside of the zone designated as an exceptional waterway and either discharge it upstream or downstream of that zone. Water intakes and water withdrawals are allowed. Water quantity is not regulated. Diversion of polluted waters would also be allowed around that zone. For a water treatment plant, the stream backwash would be allowed to be discharged, but the f'dter backwash would not be allowed. Nonpoint source impacts are addressed through suggesting the implementation of cost effective and regional best management practices would be considered compliance with the nonpoint source section of the regulation. Farmers and other contributors to nonpoint source impacts are urged to utilize the most effective best management practices available; however, there are no regulatory requirements outside of what is currently implemented. High quality waters are those waters afforded extra protection because the quality is high. There are legitimate concerns of local government about the potential adverse impacts on economic development relative some of these segments that have been nominated for special protection as exceptional waters. However, there may be some new sources of income to the community or possible revenue that would be evaluated in the assessment of any nomination i.e, increased use of the waters for recreation, increased visitation by fisherman and vacationers. A mixing zone is allowed below a discharge pipe to allow the waste to mix with the receiving stream. Mixing zones cannot extend into the exceptional water zone. The mixing zone can only extend 'half the way across the width of the stream and cannot be greater than 5 times the width of the stream. There can be no acute toxicity to aquatic organisms. Concerning an appeals process, at the point where the designation of an exceptional water is sent to the Governor for the thirty-day waiting period, this is the point where a citizen could request involvement by their legislator. Letters could also be written requesting return to Public Hearing on this issue, or approach the Governor not to allow this designation to go forward. There are temporary allowances in these waters. There is a section in the Board's regulations that allows on a case-by-case basis the agency to permit temporary activities to occur i.e, repair of a ruptured out]all pipe, dredging activities to remove contaminated sediments, replacement or repair of existing bridges and stormwater permits for temporary constructive activities. Industrial or municipal stormwater permits will be grandfathered as you either have a permit or are going to be getting one. There would be no new municipal or industrial permits, with the exception of these temporary ones for construction. The criteria utilized to determine these exceptions would be to decide the length of time water quality would be lowered, likelihood for long term quality benefits, the degree to which actual water quality standards could be achieved during the actual construction phase or operation phase of that particular activity and the potential to any residual longer term influences on existing uses. The Department of Environment Quality is neutral on this particular issue and hopes governments will work with the nominators. Donald Kain, Water Resource Manager, concerning requirements for stormwater permits, advised the nature of the discharge could not be reoccurring. Jean Gregory advised two issues were before the Public in 1992: toxic water quality standards amendments and the antidegradation policy. Dr. Alan J. Anthony, Assistant Director of Operations, advised concerning this adoption process, there were thirteen (13) public hearings and six (6) follow-up meetings to respond to concerns. Toxics were the main issue of concern. September 14, 1993 -5- CITY MANAGER'S BRIEFINGS EXCEPTIONAL WATERS ITEM # 37199 (Continued) Jean Gregory reiterated the North Landing River commences at the Virginia portion of the F~rginia/North Carolina Line. The designation is from that point to the Bridge at Route 165, the major tributaries of the Pocaty River, West Neck, Blackwater and Mill Dam Creeks. Dr. Anthony advised it would be most helpful if the City or the Virginia Municipal League would submit a proposal for consideration of a Tier 2.5 and provide draft language for the option. It was requested the North Landing River watershed be broken down by land use (marsh, crop, wooa~ private and publicly held property) and that a colored map be provided. September 14, 1993 -6- CONCERNS OF THE MA YOR ITEM # 3~200 Mayor Oberndorf referenced an error in the VIRGINIA BEACH SUN concerning her column, copy of which was distributed by the City Manager's Staff to City Council Members. The column that should have appeared under the VBEA REPORT by Lisa Guthrie, President of Virginia Beach Educational Association, ran under the column head and by-line of the Mayor. An apology is to be forwarded and correction noted in the VIRGINIA BEACH SUN. September 14, 1995 -7- ITEM # 37201 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, September 14, 1993, at 12:45 A.M. Council Members Present: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None September 14, 1993 -8- ITEM # 37202 Mayor Meyera E. Oberndorf 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: PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could 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 - Beach Services Center - Parking 25th Street Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None September 14, 1993 -9- FORMAL SESION VIRGINIA BEACH CITY COUNCIL September 14, 1993 2:00 P~VI. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, September 14, 1993, at 2:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, James gE. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None INVOCATION: Reverend Alan Riley Associate Pastor Westwood Hills Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA September 14, 1993 - 10 - CERTIFICATION OF EXECUTIVE SESSION ITEM # 37203 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, 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: 11-0 Council Members Voting Aye: John ,/1. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert I~ Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndo~ John D. Moss, Nancy I~ Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None September 14, 1993 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 37202, Page No. 8, 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 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. R~ Hodges ~'mith~ CMC/AAE City Clerk September 14, 1993 - 11 - Item V-E1. MINUTES ITEM # 372O4 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of September 7, 1993. Voting: 11-0 Council Members Voting Aye: John A. Baton, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert lC. Dean, Louis R~ Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf,, John D. Moss, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None September 14, 1993 - 12 - Item V-G.I. M,4 YOR ~S PRESENT,4 TION ITEM # 37205 E.W. Timmons, Director of Public Affairs - AAA of Tidewater, Virginia presented to the Mayor: AWARD OF EXCELLENCE AAA PEDESTRIAN PROTECTION The City of Virginia Beach was in competition with 43 cities in the 200,000 to 500,000 population group in the 1993 AAA PEDESTRIAN PROTECTION PROGRAM. This Award of Excellence is given to states and cities which achieve top performance in both their pedestrian safety program activities and their pedestrian death and injury records within their population categories. Virginia Beach had a score of 83% and earned 830 points for both program and record out of a possible 1000 points. Virginia Beach had a death rate of .2 compared with a group pedestrian death rate of 2.0 and a pedestrian injury rate of 29 as compared with a group injury rate of 80. These rates were based on per 1000 population. September 14, 1993 - 13 - Item V-H. CONSENT AGENDA ITEM # 37206 Upon motion by Vice Mayor Sessotns, seconded by Council Lady Parker, City Council APPROVED in ONE MOTION items 1, 2, 3, 4 and 5 of the CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None September 14, 1993 - 14 - Item V-H. 1. CONSENT ,4GENDA ITEM # 37207 Upon motion by Vice Mayor Sessoms, seconded by Council l~ly Parker, City Council ADOPTED: Resolution approving the amendment/refunding of the Authority 's $700,000 1985 Industrial Development Revenue Bond issued for the Edmonds Company Virginia H's acquisition, construction and equipping of manufacturing and warehouse ,facilities located at 1493 London Bridge Road, Virginia Beach, Virginia re continuance of financing. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None September 14, 1993 CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA RESOLUTION APPROVING THE AMENDMENT/REFUNDING OF INDUSTRIAL DEVELOPMENT REVENUE BOND FINANCING FOR THE EDMONDS COMPANY VIRGINIA II WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered the application of The Edmonds Company Virginia II, a Pennsylvania general partnership [formerly The Edmonds Company Virginia] (the "Company") for the amendment/refunding of the Authority's $700,000.00 1985 Industrial Development Revenue Bond (The Edmonds Company Virginia Facility), (the "Bond") which was issued to finance the Company's acquisition, construction and equipping of manufacturing and warehouse facilities located at 1493 London Bridge Road, Virginia Beach, Virginia 23456 (the "Facility") to be leased to Cavalier Bolt & Nut, Inc., a Virginia Corporation, and has held a public hearing thereon on August 17, 1993; WHEREAS, it has been represented to the Authority by Bond Counsel that it is likely that the proposed amendments to the Bond will create a reissuance of the Bond, and to assure that continued tax-exempt status of the interest earned on the Bond it is the Authority's intent to take any and all action necessary to properly approve a refunding of the Bond in the event that the amendments to the Bond are determined to constitute a reissuance; WHEREAS, Section 103(k) of the Internal Revenue Code of 1954, as amended, provides that the highest elected governmental officials of the governmental units having jurisdiction over the issuer of industrial development revenue bonds and over the area in which any facility financed with the proceeds of industrial development bonds is located shall approve the issuance of such bonds; WHEREAS, the Authority issues its bonds on behalf of the City of Virginia Beach, Virginia (the "City"), the Facility is located in the City and the members of the City Council of the City of Virginia Beach (the "Council") constitute the highest elected governmental officials of the City; WHEREAS, Section 15.1-1738.1 of the Code of Virginia of 1950, as amended, provides that the Council shall within 60 days from the public hearing with respect to industrial development revenue bonds either approve or disapprove the issuance of such bonds; WHEREAS, a copy of the Authority's resolution approving the amendment/refunding of the Bond, subject to terms to be agreed upon, a reasonably detailed summary of the comments expressed at the public hearing with respect to the Bond, a statement in the form prescribed by Section 15.1-1378.2 of the Code of Virginia of 1950, as amended, have been filed with the Council, together with the Authority's recommendation that the Council approve the amendment and/or refunding of the Bond; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The recitals made in the preambles to this Resolution are hereby adopted as a part of this Resolution. 2. The City Council of the City of Virginia Beach, Virginia, approves the amendment/refunding of the Bond by the Authority to 2 continue in effect the financing of the Facility for the benefit of the Company, to the extent required by Section 103(k) of the Internal Revenue Code of 1954, as amended (the "Code"), and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended (the "Virginia Code"). 3. The approval of the amendment/refunding of the Bond, if and as required by Section 103(k) of the Code and Section 15.1- 1378.1 of the Virginia Code, does not constitute an endorsement to a prospective purchaser of the bonds of the creditworthiness of the Facility or the Company, but, as required by Section 15.1-1380 of the Virginia Code, the Bond shall continue to provide that neither the City nor the Authority shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor and neither the faith or credit nor the taxing power of the Commonwealth of Virginia, the City or the Authority shall be pledged thereto. 4. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on September 14, , 1993. ADOPTED: ATTEST: Clerk of the Council Mayor APPROVED AS TO LEGAL SUFFICIENCY II I - 15 - Item V-lt. 2. CONSENT AGENDA ITEM # 37208 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a $125,000 Grant from the Commonwealth of Virginia re Virginia Marine Science Museum expansion capital project; and, increase revenue accordingly. Voting: 11-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessotns, Jr. Council Members Voting Nay: None Council Members Absent: None September 14, 1993 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $125,000 GRANT FROM THE STATE OF VIRGINIA WHEREAS, the Virginia General Assembly has allocated $125,000 for the Virginia Marine Science Museum Expansion capital project; and WHEREAS, the City has received the $125,000 allocation from the State; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $125,000 be appropriated to the Virginia Marine Science Museum Expansion capital project, to be funded by an allocation from the State of Virginia. BE IT FURTHER ORDAINED that this appropriation be offset by an increase of $125,000 in estimated revenue from the Commonwealth of 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 Fourteenth of September , 1993. APPROVED AS TO CONTENT: Department of Management and Budget APPROVED AS TO I - 16 - Item F'-H. 3. CONSENT AGENDA ITEM # 37209 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a $11,876 Grant from the State Subregional Library for the Blind to FY 1993-94 Operating Budget of the Library Department re purchase of computer technology for the Special Services Library. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members ,4bsent: None September 14, 1993 AN ORDINANCE TO ACCEPT AND APPROPRIATE AN $11,876 GRANT FROM THE STATE TO THE FY 1993-94 OPERATING BUDGET OF THE LIBRARY DEPARTMENT WIt~AS, the Library Services and Construction Act (LSCA), Title I, provides the 5 opportunity for state funding of certain programs by means of special grants; WHEREAS, the Special Services Library of the Virginia Beach Public Library is a 7 Library Of Congress Subregional Library for the Blind and Visually Handicapped that services 8 residents in Virginia Beach, Norfolk, Chesapeake, Suffolk, Isle of Wight, the Eastern Shore, 9 and surrounding counties in Virginia; 10 WHEREAS, the Virginia State Library for the Visually and Physically Handicapped has 11 approved a grant to the Virginia Beach Public Library for the purchase computer technology to 12 complete the conversion of Special Services' circulation, inventory, and patron records system 13 from a manual to an automated system called READS (Reader Enrollment and Delivery System) 14 which will provide a network with the State and Federal blind and visually handicapped libraries 15 for reporting purposes and will allow for library staff to devote more time to outreach programs; 16 THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA, that a grant in the amount of $11,876 from the Subregional 18 Library for the Blind Grant be accepted and appropriated to the FY 1993-94 Operating Budget 19 of the Library Department for the purchase of computer technology for the Special Services 20 Library. 21 22 23 24 25 BE IT FURTHER ORDAINED, that estimated revenue from the Commonwealth of Virginia be increased by $11,876. This ordinance shall be effective on the date of its adoption. Adopted by Council of the City of Virginia Beach, I I I APPROVED AS TO LEGAL SUFFICIENCY Virginia, on the Fourteenth of September 1993 ~ At~ ?0 CONTENT '.,~ waiter c. K er~"~er, Jr ' -~- ~. of Management and Budget ./'~ D~PART~ENT OF' PU~I. IG August 24, 1993 V1R(~INIA 8EA(~H VIRO1NIA 23~(i TO; FROM: Para Pearce, Library Administration Aleene Wicher, Special Services Non-competitive Subregional Grant- 1993 - $11,876.46 3407 - Contract/Systat Technologies Inc. 5401 - 0ffice Supplies 5415 - Computer Supplies 5499 - Computer furniture/workstations 7307 - Computer equipment TOTAL $3000.00 112.00 1800.00 1500.00 5464.46 $11,876.46 Virginia Department for the Visually Handicapped Virginia State Library for,the Visually a~d Physically Handicapped 1901 Roane Street o Richmond, Virginia 23222-4826 Voice/TDD (804) 786-8016 (800) 552-7015 in Virginia FAX (804) 371-6146 Authorization of Expenditure of Subregional Service Funds 1993-1994 The governmental entity of Virginia Beach Department of Libraries acknowledges receipt of notice of Subregional Service Funds and agrees that the amount of $11,876.46 may be expended and submitted for reimbursement by the Special Services Department according to the instructions of the Virginia State Library for the Visually and Physically Handicapped. Please return completed copy by September 1, 1993 to' Mary Ruth Halapatz Library D~rector Virginia State Library for the Visually and Physically Handicapped 1901 Roane Street R~chmond, Virginia 23222-4898 DEPARTMENT FOR THE VISUALLY HANDICAPPED 1912 TO 1992 -17- Item V-H. 4. CONSENT AGENDA ITEM # 37210 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council AUTHORIZED: A permit re operating an invalid (wheel chair) transport service in the City of Virginia Beach to qualify for a contract for the VA Hospital in Hampton, Virginia: United Ambulance Service, Inc. Voting: 11-0 Council Members Voting Aye: John A. Baton, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W.. Clyburn, Robert tC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy I~ Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None September 14, 1993 - 18 - Item V-Il.3. CONSENT AGENDA ITEM # 37211 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance authorizing License Refunds in the amount of $21,018.49 upon application of certain persons and upon certification of the Commissioner of the Revenue. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None September 14, 1993 FORM NO C.A. 8 REV ~ AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following apphcahons for hcense refunds, upon cert~hcabon of the Commissioner of the Revenue are hereby approved: L~cense Date NAME Year Pa~d Base Penalty Int. Total Balzer, Paul Joseph 1991-92 T/A A & P Complete Plumbing Service 660 East Coral Key Virginza Beach, VA 23452 Birdneck Road Enterprises Inc. T/A Birdneck Road Exxon 1992 3658 Seagull Bluff Drzve Virginia Beach, VA 23455 Block Construction Inc. 2548 Virginia Beach Blvd. V~rgin~a Beach, VA 23452 1992-93 #103 Audit 38.87 Audit 1,252.01 Audit 142.51 38.87 1,252.01 142.51 Th~s ordinance shall be effechve from date of adopbon The above abatement(s) totahng $ 1,433.39 of the C~ty of V~rg~ma Beach on the 14 day of Certified as to Payment 6__._---Rd~rt P Vaug~an- ~-/) Commissioner of the Ffe~enue Approved as to form Le~e E" L,lley"-"~ C~ty Attorney - were approved by the Councd September , 19 ~ 93 Ruth Hodges Smith C~ty Clerk FORId NO C.A- 8 REV 3/86 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following apphcat~ons for hcense refunds, upon cert~hcat~on of the Comm~smoner of the Revenue are hereby approved: License Date NAME Year Prod Base Penalty Int Total British Accents Ltd. T/A British Accent 9925 Castle Glen Terrace Richmond, VA 23236 1991-93 Audit 171.78 Cohn-Phillips Ltd. 1991-92 T/A Hoppers At Marina Shores 2859 Virginia Beach Blvd. Virginia Beach, VA 23452 Conde, Orbin R. T/A Suds R Us 2029 Ealing Crescent V~rg~nla Beach, VA 23454 Audit 1,155.32 1991-92 Audit 12.00 171.78 1,155.32 12.00 Th~s ordinance shall be effecbve from date of adopbon The above abatement(s) totahng $ 1,339.10 14 of the C~ty of V~rg~n~a Beach on the day of Cert~hed as to Payment ~J;~:~ P Vaugl~an J - Comm~smoner of the Revenue Approved as to form were approved by the Council September 93 Ruth Hodges Smith C~ty Clerk FORM NO C.A. 8 REV AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following apphcabons for license refunds, upon cert~hcat;on of the Comm;ss~oner of the Revenue are hereby approved: bcense Date NAME Year Pa~d Base Penalty Int. Total Copeland, Patricia A. T/A Panache 3404 Harrow Cross Virginia Beach, VA 23452 Covington Contracting Inc. 152 Newtown Road Virginia Peach, VA 23462 Cox, Gerrylee T/A The Corset Tree 1613 Hilltop West V~rginla Beach, VA 23454 1990-92 Audit 10.00 1992-93 Audit 26.06 1992-93 Audit 426.55 10.00 26.06 426.55 Th~s ordinance shall be effechve from date of adopbon The above abatement(s) totahng $ 462.61 of the C~ty of V~rg~n~a Beach on the 14 day of Certified as to Payment (_.....---R~bert P Vaugha-n R''' ~ Commissioner of the Approved as to form Ceshe L L,lle~ ~ C~ty A~orney were approved by the Council September , 19 93 Ruth Hodges Smith C~ty Clerk FORM NO CA. 8 REV AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA That the following apphcabons for hcense refunds, upon cerbhcat~on of the Comm~smoner of the Revenue are hereby approved. L~cense Date NAME Year Prod Base Penalty Int Total Davis, Lynn K. T/A Pro Sports Cards 1830 Kempsville Road #108 Vzrginia Beach, VA 23464 1991-92 Audit 34.17 Demanche, Earl R. T/A Best Lawn Service 416 Jacqueling Avenue Virginia Beach, VA 23462 1991-92 Audit 33.60 Donzel E. Hill Jr. Inc. 1991-92 T/A Floor Covering International 3721 Summer Place Drive Vzrginia Beach, VA 23456 Audit 102.42 34.17 33.60 102.42 Th~s ordinance shall be effecbve from date of adop.on The above abatement(s) totahng $ 170.19 of the C~ty of V~rgm~a Beach on the day of Cer, fled as to Payment ~..--~6be~ P Vau~han' ~/- Commissioner of the Revenue Approved as to form Le~e ~_-L,Imey'-" City Attorney were approved by the Council September 93 Ruth Hodges Smith C~ty Clerk FORId NO C~. 8RE~ 3~6 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following apphcat~ons for hcense refunds, upon certification of the Commissioner of the Revenue are hereby approved: L~cense Date NAME Year Pa~d Base Penalty Int Total Dunn, Debra H. T/A Double D Jewelry 130 Thames Drive Virginia Beach, VA 23452 1991-93 Audit 30.00 Eastern Air Conditioning Inc. 4629 Old Princess Anne Road 1992 Virginia Beach, VA 23462 E C Supply Corporation 1728 Virginia Beach Blvd. Virginia Beach, VA 23454 Audit 141.04 1992-93 Audit 437.07 30.00 141.04 437.07 Th~s ordinance shall be effective from date of adoption The above abatement(s) totahng $ 608.11 of the C~ty of V~rg~ma Beach on the day of Ce~fled as to Payment f.._._./FR'~ert P Vaughan ~enu Commissioner of the e Approved as to form C~esl~e L L~'~eyt"',,,,,~---'~ C~ty Attorney - ' were approved by the Counc,I September . 19 93 Ruth Hodges Smith C,ty Clerk FORM NO C~- 8 REV 3/86 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following apphcat~ons for hcense refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date NAME Year Prod Base Penalty Int. Total Faneuf, Pauline R. T/A Child Care Temporaries 1104 Chipping Court Virginia Beach, VA 23455 Flore Construction Corp. 2277 Haversham Close Virginia Beach, VA 23454 Forsman, J. F., Mrs. T/A Jalmars 152 Mann Drive Chesapeake, VA 23320 1991-92 Audit 23.85 1991-92 Audit 129.79 1992 Audit 31.69 23.85 129.79 31.69 Th~s ordinance shall be effechve from date of adoption The above abatement(s) totaling .~ :185.33 of the C~ty of V~rg~ma Beach on the '14 day of Cerbfled as to Payment ~~obert P Va~ghanJ Commissioner of the Revenue Approved as to form ~-"ees~e L L,Iley C~ty Attorney were approved by the Councd September , 19 93 Ruth Hodges Smith C,ty Clerk FORM NO C.A. 8 REV ~ AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL Of THE CITY OF VIRGINIA BEACH. VIRGINIA That the following apphcabons for hcense refunds, upon cert~hcat~on of the Commissioner of the Revenue are hereby approved: L~cense Date NAME Year Prod Base Penalty Int Total French, Christopher T/A Fabrications 2216 Berrie Circle E. Virginia Beach, VA 23455 Fulsun Ltd. T/A Tan Fas Tik VII 2496 Las Brisas Drive Virginia Beach, VA 23456 Giles, Andrew C. T/A Honey Bee Pro Shop 5340 Club Head Road Virginia Beach, VA 23455 1991-92 Audit 10.00 1991-92 Audit 166.28 1991 Audit 319.73 10.00 166.28 319.73 Th~s ordinance shall be effecbve from date of adoption The above abatement(s) totahng _$ 496.01 14 of the C~ty of V~rg~n~a Beach on the day of Cert~hed as to Payment C~c ~ b2~, sPs, oVna~Urg~fat~e -R~e v e n u e Approved as to form eL~sl,~"L L,lle~''~ -/~ C~ty Attorney /..- . were approved by the Council September , 19 93 Ruth Hodges Smith C~ty Clerk FORM NO CA. 8REV ~ AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following apphcabons for hcense refunds, upon cerbhcat~on of the Commissioner of the Revenue are hereby approved. bcense Date NAME Year Prod Base Penalty Int Total Griffin, Donna L. T/A Donnas Catering 3849 Cumberland Parkway Virginia Beach, VA 23452 1992-93 Audit 30.15 Griffin, Terry M. 1991-93 T/A Tidewater Massage 540 Diamond Plum Circle #101 Virginia Beach, VA 23452 H Hamner Gay & Co. Inc. P.O. Box 11908 Lynchburg, VA 24506 Audit 84.00 1991-92 Audit 109.23 30.15 84.00 109.23 Th~s ordinance shall be effective from date of adoption The above abatement(s) totahng $ 22:~, :~8 of the C~ty of V~rg~n~a Beach on the ].4 day of Certified as to Payment (.~-~obert P Vaugh-~n v~ue Commissioner of the Re Approved as to form were approved by the Councd September , 19 ~ 93 Ruth Hodges Smith C~ty Clerk FORM NO C.A. 8 REV AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following apphcat~ons for hcense refunds, upon cerbflcat~on of the Comm~smoner of the Revenue are hereby approved: License Date NAM E Year Prod Base Penalty Int Total Hatcher, Patricia L. 1240 Capt. Adams Court Virginia Beach, VA 23455 1991-93 Audit 60.00 Kasinof, Steven K., OD T/A Dr. Kaslnof & Associates 1595 Potomac Avenue Hagerstown, MD 21740 1991-92 Audit 44.27 Kasinof, Steven K., OD & Amelia E. 1595 Potomac Avenue 1991-92 Hagerstown, MD 21740 Audit 57.75 60.00 44.27 57.75 Th~s ordinance shall be effective from date of adop.on The above abatement(s) totahng $ 162.D2 14 of the C~ty of V~rg~n~a Beach on the day of Cert~f,ed as to Payment C.~be~ P ~augha~, / Comm~smoner of the'Fievenue Approved as to form 9Z~est,e L L,lley ~ C~ty Attorney /' were approved by the Councd September , 19 93 Ruth Hodges Smith C~ty Clerk FORM NO CA. SREV 3/86 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE R~E BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following apphcat~ons for hcense refunds, upon cert~flcabon of the Commissioner of the Revenue are hereby approved: bcense Date NAME Year Prod Base Penalty I nt Total Phillips Oldsmobile Inc. 4949 Virginia Beach Blvd. Virginia Beach, VA 23462 1989-91 Audit 12,893.19 Public Storage Management Inc. 448 S. Independence Blvd. 1990-92 Virginia Beach, VA 23462 Audit 382.20 Sandbrldge-Back Bay Tours 1990-91 Audit T/A Blue Petes Express Payable to: John T. Atk~nson, Treasurer c/o Commissioner of the Revenue Business License 12,893.19 382.20 96.00 96.00 Th~s ordinance shall be effechve from date of adophon The above abatement(s) totahng $ 13,371.39 of the C;ty of V~rg~n~a Beach on the 14 day of Cerbhed as to Payment ~F~obert P Vaughan Commissioner of theR~venue Approved as to form C,ty Attorney were approved by the Councd September , 19 ~ 93 Ruth Hodges Smith C~ty Clerk FORM NO C A. B REV ~ AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following apphcatJons for hcense refunds, upon cerbflcat~on of the Commissioner of the Revenue are hereby approved: License Date NAME Year Pa~d Base Penalty Int Total Sparenberg, Charles W. T/A Wee Deliver 877 Stratford Hall Drive Vzrglnia Beach, VA 23452 Stutzman, William W. T/A Stutzman Construction 4769 Morris Neck Road Virginza Beach, VA 23457 1992 Audit 13.20 1992 Audit 12.23 13.20 12.23 Th~s ordinance shall be effecbve from date of adopbon The above abatement(s) totahng $ 25.43 of the C~ty of V~rg~n~a Beach on the 14 clay of Certified as to Payment '---.---'"'~o'bert P Vaughan ~ Commissioner of the Revenue Approved as to form C~ty Attorney ' ' were approved by the Council September , 19 ~ 93 Ruth Hodges Smith C~ty Clerk FORM NO CA. 8REV ~ AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following apphcat~ons for license refunds, upon certification of the Commissioner of the Revenue are hereby approved' License Date NAME Year Pa~d Base Penalty Int Total Advanced Analytical Lab Inc. 30th & N. Church Street Hazelton, PA 18201 Artlite Sign Co. Inc. 804 E. Berkley Avenue Ext. Chesapeake, VA 23324 Barnhart, Richard O., Jr. 408 Burr Oak Circle Virginia Beach, VA 23454 1991-92 Audit 2,402.59 1992 Audit 118.94 1992 Audit 20.00 2,402.59 118.94 20.00 Th~s ordinance shall be effective from date of adopbon The above abatement(s) totaling $ 2,541.53 of the C~ty of V~rg~n~a Beach on the ]4 day of Cert~hed as to Payment ~bert P Vaughan..-.~"' ~'---'"--- Commissioner of th'i~Revenue Approved as to form Le~'~e'//.. blley ~ C~ty Attorney were approved by the Councd September , 19 93 Ruth Hodges Smith C,ty Clerk - 19 - Item II-L1. RESOLUTIONS ITEM # 37212 Barbara Henley, 3513 Charity Neck Road, Phone: 426-7501, represented SAVE Upon motion by Councilman Baum, seconded by Vice Mayor Sessoms, City Council ADOPTED, AMENDED*: Resolution directing the City Manager to file written comments with the Virginia Department of Environmental Quality concerning amendments to the Virginia Water Quality Standards and the adoption process for Exceptional Waters under the Antidegradation Policy - VR 680-21- 01.3. C. *Item 4, Page 2 in the PROPOSED letter and Comments to the Department of Environmental Quality shah be DELETED. The words "North Landing Bridge" shah be inserted in parenthesis in the third paragraph, Page 5, after the words "North Landing River to Route 165". Voting: 10-1 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.. Clyburn, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy I(. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Yoting Nay: Robert K. Dean Council Members Absent: None September 14, 1993 A RESOLUTION DIRECTING THE CITY MANAGER TO FILE WRITTEN COMMENTS WITH THE VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY CONCERNING AMENDMENTS TO THE VIRGINIA WATER QUALITY STANDARDS AND THE ADOPTION PROCESS FOR EXCEPTIONAL WATERS UNDER THE ANTIDEGRADATION POLICY VR 680- 21-01.3.C 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Whereas, on August 9, 1993, the Virginia Department of Environmental Quality issued a Notice of Intent to consider amendments to VR 680-21-00, Water Quality Standards including the adoption process for exceptional waters under VR 680-21-01-3.C (Antidegradation Policy); Whereas, the aforesaid Notice of Intent requests written comments concerning the aforesaid amendments and the adoption process for exceptional waters under VR 680-21-01.3.C (Antidegradation Policy) by September 15, 1993 at 4:00 p.m. (extended from the originally extended deadline of September 13, 1993 at 4:00 p.m.); Whereas, the estimated impact resulting from designations of exceptional waters will be primarily upon local governments in the area where exceptional waters are located in that no new or increased discharges will be allowed into these exceptional waters; Whereas, City Council has not been afforded the opportunity to ascertain the potential impact of the aforesaid amendments to the Virginia Water Quality Standards and the adoption process for designation of exceptional waters, and has numerous concerns with regard to the regulations and the process, in general; and Whereas, City Council desires to preserve its right to participate in the public comment process concerning the amendments to the Virginia Water Quality Standards and the adoption process for exceptional waters under the Antidegradation Policy. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 36 37 38 39 40 41 42 That the City Manager is hereby directed to file written comments with the Virginia Department of Environmental Quality concerning amendments to the Virginia Water Quality Standards and the adoption process for exceptional waters under the Antidegradation Policy VR 680-21-01.3.C ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, ON THE 14 DAY OF September , 1993. 43 44 45 CA-5281 ORDIN\NONCODE\DEQ2. RES PREPARED: 09 / 09 / 93 APPROVED AS TO COl',l'l F.,x~ ES DEPARTMENTj APPROVED AS TO LEGAL SUFFICIENCY A ND/F-.CLRM CITY ATTORNEY ~j City of Vi~-gi~uia Beach September 15, 1993 Ms. Doneva Dalton, Hearings Reporter Commonwealth of Virginia Deparunent of Environmental Quality P.O. Box 11143 Richmond, Virginia 23230 Re: Written Comments on Intended Regulatory Acuon Water Quahty Standards Amendments VR 680-214X) Dear Ms. Dalton' Pursuant to the Public Notice issued by the Department of Enviromnental Quality on August 9, 1993, the City of Virginia Beach herewith submits its written comments concerning the Ant/degradation Policy in VR 680-21-01.3.C and the nomination of the North Landing River and its Major Tributaries for designation as Tier III 'Exceptional Waters" under VR-680-21-01.3.C. The following comments reflect the collective concerns of the Deparunent of Planning, the Engineering Division of the Department of Public Works and the Water Resources Division of the Depamnent of Public Utilities. THE NOMINATION PROCESS AND ELIGIBILITY CRITERIA FOR DESIGNATION OF A WATERBODY AS A TIER Ill EXCEPTIONAL WATER 1. Under the current review process, it is possible that substantive changes in the water quality standards may occur. Moreover, the EPA may modify or reject said standards, notwithstanding adoption by the Department of Environmental Quality CDEQ'). Ms. Dalton -2- September 15, 1993 Nominators, local governments and landowners affected by the nomination of a waterbody as a Tier 1II exceptional water must evaluate the potential impact of a nomination based on criteria and standards which may change substantially. Such a process is unfair to nmmnators and other affected parties. Accordingly, the acceptance of nominations of waterbodies for Tier III exceptional waters and the designation of such waterbodies prior to adoption of final regulations and approval by the EPA is premature and should be postponed. 2. The regulations under the Antidegradation Policy should specifically state that only those citizens who are residents of or owners of property in the Commonwealth of Virginia should have standing to nonfi, nate a waterbody for Tier Ill designation. It would be inequitable for parties outside the Commonwealth to make a nomination, because such parties would share only the benefits and not the costs associated with a Tier III designation. 3. The eligibihty criteria should be amended to state that nominators must provide specific delineations of affected watersheds and basins including mixing zones with the submission of a nomination. The nontinators should work with local government staff to obtain such data. Under the present process, the extent of impact of a nomination is unknown and may remain an unknown factor until the public hearing. Local govermnents and affected landowners cannot properly comment on a nomination. Without appropriate dehneations, any comments would be speculative and would have to reflect a 'worst case' scenario. 4. Criteria for renomination of waterbodies that do not receive a Tier III designation should be established at five-year increments to interface with review of a local government's comprehensive plan. 5. The regulations, procedures and processes should be amended to allow local govermnents to participate in the designation of Tier I and Tier II waterbodies. NOMINATION OF Tile NORTH LANDING RIVER AND ITS MAJOR TRIB~~IF.S FOR DESIGNATION OF TIER ITl EXCEPTIONAL WATERS The City of Virginia Beach has several concerns with regard to the appropriateness of a Tier HI designation for the North Landing River and its major tributaries. From the onset, it should be noted that the City has adopted regulations and ordinances which expressly address the degradation of water quality. These regulations and ordinances are an integral part of the City's stormwater management plan and meet the federal standards under Ms. Dalton -3- September 15, 1993 § 402(p)(3)(B) of the Clean Water Act. 33 U.S.C.S. § 1342 (p)(3)(B). Moreover, the City's Comprehensive Plan has estabhshed land uses and development criteria in the areas affected by the nomination which are consistent with the foregoing federal standards. The proposed Tier [] designation appears to have been established for areas of the Commonwealth with exemplary environmental settings, particularly those which are not urban or suburban in character. Since the proposed designation would prohibit increases tn the volume of discharge to the designated segments, regardless of water quality, the conveyance of stormwater associated with development may present substantial problems. In terms of the City's Comprehensive Plan, the proposed designation would have the most significant h-npact upon Transition Areas I, II, and III, where controlled urban and suburban development is to occur. Transition Area I was established by the City to provide additional opportunities to enhance the economic development potential of Virginia Beach. Transition Area I is seen as an area where a greater proportion of non-residential development such as commerce and major employment centers can be accommodated. This type of urban development necessitates the use of stormwater management facilities in accordance with existing City ordinances. Treated stormwater must be conveyed, at a rate which approximates pre- development conditions, to a receiving stream. Since Transition Area I is located in the headwater areas of the North Landing River, it is reasonable to expect that the proposed designation will have an impact upon development within this area due to increases in the volume of stormwater discharge. According to the DEQ, the specific boundaries of the area subject to Tier [] designation cannot be determined until mixing zones are established for the designated river segments. The extent of the mixing zones will cenaxnly affect the level of development. This is further complicated by the fact that areas with tidal influence must be modelled to determine mixing zones. The proposed designation of the North Landing River does not extend north of the bridge at Route 165. However, the extent of the mixing zones is a significant and unknown variable at this time and as such, presents a major concern. Transition Area II was established by the City to provide opportunities for residential development at densities compatible with the surrounding environmentally sensitive land and with the rural area of the City adjacent to it. Courthouse Estates and the Indian River Plantation Tracts are both located within this Transition Area. Both projects have been reviewed and have received a favorable recommendation by the City's Planning Commission. This type of suburban residential development necessitates the use of stormwater management facilities in accordance with existing City ordinances. Treated stormwater must be conveyed, at a rate which approximates pre-development conditions, to a receiving stream. Transition Ms. Dalton -4- September 15, 1993 Area II is located within the headwater areas of both the North Landing River and West Neck Creek. West Neck Creek serves as the eastern boundary of this Transition Area. In light of the uncertainty of the extent of the mixing zones and designation boundaries and the prohibition of any tncrease in the volume of stormwater discharge to West Neck Creek and its dehneated nfixmg zones, the C~ty believes that proposed development in this area could be severely curtailed. Transition Area III was established by the City as an area where rurally-compauble development, agriculture, public recreational facilities, and land banks could be established. Although Transition Area [] is not designed to support development of an urban or suburban nature as in Transition Areas I and Il, development within this Area will also require the use of stormwater management facilities in accordance with City ordinances. A golf course and subdivisions have been reviewed and have received a favorable recommendation by the City's Planning Commission. Transition Area III is located within the headwater areas of West Neck Creek. As is the case with Transition Areas I and II, the extent of the mixing zones and designation boundaries are not known at this time. Inasmuch as West Neck Creek serves as the western boundary of this Transition Area, and the Tier [] designation would prohibit any increase in the volume of stormwater discharge to West Neck Creek and delineated mixing zones, the City believes that the impact upon land use m this Area could be significant. Although the Transition Areas defined by the Comprehensive Plan are the areas of the City upon which the proposed Tier ffI designation could have the most profound impact, planned land uses in other areas of the City could be affected by such designation as well. Several major commercially zoned tracts are within the headwater areas of West Neck Creek. For example, the southern portion of Oceana West Industrial Park, which has been a highly successful economic endeavor for the City, is bordered by a river segment where West Neck Creek and London Bridge Creek/Canal # 2 meet. The Comprehensive Plan encourages businesses and research centers in these conunercial tracts and, where appropriate, light industrial, recreational and related open spaces can also be developed. This type of urban development generates stormwater runoff which must be discharged to a receiving stream. Although the majority of the affected tracts do not border the main stream of West Neck Creek, mixing zones could encompass the tributary streams into which stonnwater would be discharged. Therefore, it is not unrealistic to expect that the proposed designation could have a negative impact upon planned land uses in these areas. In addition to the above-referenced areas, Salem Canal, which serves as a headwater area to the North Landing River, also supports considerable suburban-type development. The extent of the mixing zones for the North Landing River will influence the level of Ms. Dalton -5- September 15, 1993 impact to land use associated with the proposed Tier III designation within the area draining to Salem Canal. The proposed designation does not include the area of the North Landing River north of the bridge at Route 165. However, the extent of the mixing zones is an unknown variable at this time, and presents a major problem. The City of Virginia Beach has a genuine and realistic concern that planned land uses could be negatively affected by the proposed Tier [] designation due to the prohibition of any increase in the volume of stormwater discharged to the designated river segments and mixing zones. W~thout knowing the extent of the mixing zones within these wind-tidally influenced tributaries, it must be assumed that the level of impact upon planned land uses in these areas will be maximum. This is not an unrealistic assumption when one considers that the main stem of the North Landing River to Route 165 (North Landing Bridge), West Neck Creek, the Pocaty River, Blackwater Creek, Mill Dam Creek and all of their respective mixmg zones are affected by the proposed designation. Moreover, the Tier [] designation offers no flexibility for any planned land uses including future expansions and upgrades to the City's transportation network. Furthermore, the Tier [] designation fails to take into account the possible impact upon land values. It is not unrealistic to predict that affected landowners whose property is rendered almost valueless, except for recreational purposes, would claim a regulatory taking. Is the Cormnonwealth of Virginia prepared to defend such claims ? More importantly, who will pay damages in the event a takings claim is resolved in favor of the landowner - the nominators, the Commonwealth or the City? These comments no doubt reflect a 'worst case' view of potential impact upon land use associated with the proposed Tier IH designation. However, the permanent nature of the designation, the uncertainty of the extent of the mixing zones and designation boundaries, the express prohibition of any new or expanded sources of discharge notwithstanding improvements to water quality, and the inclusion of the entirety of West Neck Creek in the nomination legitimizes this view. The Tier ~ designation would nullify a significant number of the planned land uses set forth in the City's Comprehensive Plan and would jeopardize the economic growth potential of the City. The Virginia Department of Environmental Quality maintains that a Tier ~ designation will not restrict planned land use or development potent:al. However, the reality of the Tier [] designation belies this view. The inability to increase the volu~ne of stormwater discharge, regardless of water quality, renders planned land uses for the urban, suburban and transition areas economically unfeasible and, in effect, imposes a 'no growth' potential upon affected areas. Accordingly, the appropriateness of a Tier [] designation for the North Landing River and its major tributaries is questionable. Although the City has concerns with the petition, as submitted, it is our understanding that the nominators are in the process of working with the respective staff of Ms. Dalton -6- September 15, 1993 the cities of Vtrginia Beach and Chesapeake to amend the petition regarding the North Landing River and its major tributaries. A meeting with the nominators, representatives of the DEQ and the staff of file crees of Virginia Beach and Chesapeake has been scheduled for October 6, 1993. It ~s quite possible that the City may revise its comments after tlus meeting. Accordingly, the City respectfully requests to reserve its right to submit further cmnments regarding the Tier III designation of the North Landing River prior to any further consideration of file petition by the DEQ staff or the State Water Control Board. Very tmlxy yours, James K. Spore City Manager JKS/VTV/lh cc: Meyera E. Oberndorf, Mayor Members of City Council Audubon Society SAVE Robert G. Burnley, Director DEQ/Water Division - 20 - Item V-L2. RESOLUTIONS ITEM # 37213 Jim Fletcher, represented the Hampton Roads Public Transportation Alliance, Phone: 640-6295, and read into the record the Mission Statement. Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Resolution of support .for the Transit Proposal developed by the Virginia Department of Transportation and Tidewater Transportation District Commission to operate an express bus service from selected Park and Ride lots in the City of Virginia Beach to Downtown Norfolk and the Norfolk Naval Base. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.. Clyburn, Robert IC Dean, Louis R~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None September 14, 1993 RESOLUTION OF SUPPORT FOR THE TRANSIT PROPOSAL DEVELOPED BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION AND TIDEWATER TRANSPORTATION DISTRICT COMMISSION TO OPERATE AN EXPRESS BUS SERVICE FROM SELECTED PARK AND RIDE LOTS IN THE CITY OF VIRGINIA BEACH TO DOWNTOWN NORFOLK AND THE NORFOLK NAVAL BASE WHEREAS, the Virginia Department of Transportation, in cooperation with the Federal Highway Administration has constructed a system of high occupancy vehicle (HOV) lanes in the South Hampton Roads area; and WHEREAS, the Council of the City of Virginia Beach recognizes the importance of the HOV lanes as a vital component of the City's roadway network and Master Street and Highway Plan; and WHEREAS, the Tidewater Transportation District Commission is participating in the development of the HOV lanes through its role as the regional ridesharing agency; and is providing ride matching, marketing, and promotional services in cooperation with the Virginia Department of Transportation; and WHEREAS, experience in other metropolitan areas which have HOV lanes indicates that a park-and-ride element and an express transit service element are essential to obtaining the full benefits of the HOV lanes; and WHEREAS, provision of park-and-ride lots, in conjunction with HOV lane express transit services, will require the cooperation and support of the Virginia Department of Transportation, the cities in South Hampton Roads, and the Tidewater Transportation District Commission to finance and implement these non-highway transit elements of the HOV lane system. NOW, THEREFORE, BE IT HEREBY RESOLVED: That the Council of the City of Virginia Beach requests that the Commonwealth Transportation Board proceed with designing, acquiring and constructing a park-and-ride lot in the vicinity of the intersection of Holland Road and Independence Boulevard as part of the Norfolk-Virginia Beach Toll Road Program. ADOPTED by the Council of the City of Virginia Beach, Virginia, this 14th day of September 1993 , · APPROVED~~O CON ~'EN~'~ 51~"'~TURE OEPARTMEN I' ~ ~,PPROVED AS TO LEGAL //'CiTY,'ATToRNEy - 21 - Item V-J. PUBLIC HEARING ITEM # 37214 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING (a) CHURCHILL DOWNS CONDITIONAL USE PERMIT (b) TAYLOR GROUP, L~P., CLAUDE P. BROWN, BEVY B. BOURDON AND DORIS B. LAWRENCE STREET CLOSURE (c) MCGINNIS ~TY VARIANCE (d) VIRGINIA BEACH CITY PUBLIC SCHOOLS CHANGE OF ZONING (e) SEA BAY DEVELOPMENT COI~ORATION CONDITIONAL CHANGE OF ZONING 09 INDIAN RIVER PLANTATION, INC., INDIAN RIVER COUNTRY CLUB ESTATES, LJ~., ROBERT F. RIPLEY AND THOMAS VANCE VARIANCE CHANGE OF ZONING CONDITIONAL USE PERMIT (g) INDIAN RIVER PLANTATION, INC., AND INDIAN RIVER COUNTRY CLUB ESTATES, L.P. CHANGES OF ZONING September 14, 1993 Item Y-J.l.a. PUBLIC HEARING ITEM # 37215 PLANNING F. Andrew Heatwoole, 808 Newtown Road, Phone: 473-8575, represented Churchill Downs, Inc. LCDR Bryan P. Murphy, NAS Oceana, Phone: 433-3158, expressed concerns relative noise attenuation and requested 30 decibel noise level reduction in the dormitory area and 25 decibel noise level reduction in the administrative building and in appropriate public/indoor areas of the grandstand. Mayor Oberndorf recognized the following in attendance from Virginia Beach Vision, Inc., in SUPPORT of the application: James Kitchin, Jr., 3300 Pacific ~4venue, Suite 401, Phone: 491-3300 William Miller, Post Ofice Box 5325, Phone: 481-0201 G. W. "Bill" Fleming, 1061 Bobolink Drive, Phone: 428-5906 James M. Pendergast, 5376 Club Head Road Lou Pace, 1908 Hunts Neck Court Phone: 468-0925, spoke in OPPOSITION Upon motion by Councilman Dean, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of CHURCHILL DOWNS INCORPORATED for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF CHURCHILL DOWNS INCORPORATED, A KENTUCKY CORPORATION, FOR A CONDITIONAL USE PERMIT FOR A RECRE, ATION~IL FACILITY OF AN OUTDOOR NATURE (HORSE RACE TRACK AND ACCESSORY USES) R09931844 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Churchill Downs, Incorporated, a Kentucky Corporation, for a Conditional Use Permit for a recreational facility of an outdoor nature (horse race track and accessory uses) and line-of-sight relay devices on certain property located at the southeast intersection of Dam Neck and Harpers Roads. Said parcel contains 245 acres. PRINCESS ANNE BOROUGH. The following conditions shall be required: . Stormwater management/irrigation ponds shall be designed in accordance with Section 8 (n) of the Southern Watersheds Management Ordinance. Wetland benches, forbay areas, and maintenance access routes shall be a design component of the stormwater management/pond system as described in the Ordinance. Allowances will be made for access to the pond for irrigation and watering purposes. . Areas of tree preservation shall be clearly noted on the site development plans. The wooded area surrounding the entrance road to the facility (identified as the Main Primary Entrance on the concept plan) shall remain undisturbed except for disturbance associated with the clearing of understory vegetation, the construction of the road and utility installation. All mature trees, which are to be retained in areas where land disturbance is to occur, shall be identified by species, size (diameter at breast height) and site location. No disturbance, other than that indicated above, shall be allowed within the drip line of trees shown on the site development plan. Areas which are to be left totally undisturbed, such as the 50' buffer adjacent to the perennial stream, must be clearly noted on the site development plan. September 14, 1993 Item PUBLIC HEARING ITEM # 37215 (Continued} PLANNING The applicant shah secure aH permits as may be required from federal and state permitting agencies for development of the parcel. Information regarding any required permits and the status of such permits must be provided to Planning Department staff at the time of detailed site plan review. Lighting in the Backstretch Area shah be directed away from existing residential areas to the South and Southwest across London Bridge Road. 5. All loudspeakers will be directed away from the residential areas to the South and Southwest. 6. Except at the entrances, a four foot undulating berm or its equivalent with trees and a screening hedge will be placed along London Bridge Road to provide sight and sound attenuation. Prior to detailed site plan review, the applicant shall meet with the Design Advisory Group to discuss detailed site design and architectural plans. A sign plan shall be presented to the Design Advisory Group prior to the public hearing on any variance to the sign regulations that may be submitted to the Board of Zoning Appeals. Prior to detailed site plan approval, a Traffic Impact Study, conducted in accordance with the guidelines in Appendix III of the Comprehensive Plan, shall be completed by the applicant and submitted to the City. 10. Prior to detailed site plan approval, a statement from a registered engineer must be submitted to the Planning Department verifying that the nonionizing electromagnetic radiation emitted from the line-of-sight relay devices does not result in a ground level exposure exceeding standards established by any agency of the U. S. Government or the American National Standards Institute. The Ordinance shall be effective in accordance with Section 107 (19 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of September, Nineteen Hundred and Nineff_ -Three. September 14, 1993 - 24 - Item V-J.l.a. PUBLIC HEARING ITEM # 37215 (Continued) PLANNING Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis I~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None September 14, 1993 Item V-J.l.b. PUBLIC HEARING ITEM # 37216 PLANNING Edward Bourdon, Pembroke One, Fifth Floor, Phone: 499-8971, represented the applicant Lou Pace, 1908 Hunts Neck Court Phone: 468-0925, registered in OPPOSITION Upon motion by Vice Mayor Sessoms, seconded by Councilman Lanteigne, City Council APPROVED, AS AMENDED, Petition of TAYLOR GROUP, L.P., CLAUDE P. BROWN, BETTY B. BOURDON and DORIS B. LAWRENCE for the discontinuance, closure and abandonment of Old London Bridge Road Application of Taylor Group, L.P., Claude P. Brown, Betty B. Bourdon & Doris B. Lawrence for the discontinuance, closure and abandonment of Old London Bridge Road beginning at the eastern boundary of Harpers Road and running in a southeasterly direction a distance of 3500 feet more or less. PRINCESS ANNE BOROUGH. The following conditions shall be required: Receipt and recordation of a deed from the Commonwealth of Virginia to the City conveying the underlying fee in the roadway to the City. 2. The occurrence of either of the following: Recordation of the deed from the Taylor Group, L.P. to Churchill Downs conveying the property for the proposed racetrack; or Payment by the Applicants to the City of the Fair Market Value of the property in accordance with the City's Street Closure Procedures. . The Applicants are required to resubdivide the property and vacate internal lot lines to incorporate the closed area into adjourning parcels and ensure that all lots have access to a public street. The Applicants shall work with Virginia Power to determine if any facilities are located in the right-of-way proposed for closure and provide any necessary easements. Closure of this right-of-way is contingent upon satisfaction of and/or compliance with the above stated conditions within two (2) years of approval by City Council. Ordinance approving the Closure of a portion of Old London Bridge Road, authorizing and directing the City Manager to convey the underlying fee in same has been AMENDED. September 14, 1993 Item V-J.l.b. PUBLIC HEARING ITEM # 37216 (Continued) PLANNING Voting: 10-1 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Robert I~ Dean Council Members Absent: None September 14, 1993 AN ORDINANCE APPROVING THE CLOSURE OF A PORTION OF OLD LONDON BRIDGE ROAD AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO CONVEY THE UNDERLYING FEE IN SAME 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: WHEREAS, an application has been filed by Taylor Group, L.P., Claude P. Brown, Betty B. Bourdon and Doris B. Lawrence (Applicants) for the discontinuance, closure and abandonment of a portion of Old London Bridge Road, beginning near the eastern boundary of Harpers Road and running in a southeasterly direction a distance of 3500 feet more or less; WHEREAS, the proposed closure of the said roadway is a critical component of agreements previously entered into between the City and Churchill Downs and the City and the Taylor Group, L.P., which contemplate the construction of a horse racing facility on certain property owned by the Taylor Group, L.P.; WHEREAS, the underlying fee in the said roadway is owned by the Commonwealth of Virginia; WHEREAS, the City has requested that the Commonwealth of Virginia convey the underlying fee in the said roadway to the City; WHEREAS, the Council is of the opinion that after title to the underlying fee is received by the City, that title should be conveyed to the Applicants in consideration of the Applicants' willingness to transfer property to accommodate the location of the proposed Southeastern Expressway and thereby enhance the layout of the racetrack facility, and WHEREAS, the Council is of the opinion that the application for closure of the said roadway should be approved subject to certain conditions. 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 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the request for the discontinuance, closure and abandonment of a portion of Old London Bridge Road as described in the application submitted by Taylor Group, L.P., et als (Applicants) is hereby approved subject to conditions as follows: 1. Receipt and recordation of a deed from the Commonwealth of Virginia to the City conveying the underlying fee in the roadway to the City. 2. The occurrence of either of the following: a) Recordation of the deed from the Taylor Group, L.P. to Churchill Downs conveying the property for the proposed racetrack; or b) Payment by the Applicants to the City of the Fair market Value of the property in accordance with the City's Street Closure Procedures. 3. The Applicants are required to resubdivide the property and vacate internal lot lines to incorporate the closed area into adjourning parcels and ensure that all lots have access to a public street. 4. The Applicants shall work with Virginia Power to determine if any facilities are located in the right-of-way proposed for closure and provide any necessary easements. 5. Closure of this right-of-way is contingent upon satisfaction of and/or compliance with the above stated conditions within two (2) years of approval by City Council. BE IT FURTHER ORDAINED: That upon receipt and recordation of the deed conveying the underlying fee in the roadway from the Commonwealth of Virginia to the City and upon satisfaction of the conditions recited herein, the City Manager is authorized and directed to convey the City's interest in the roadway to be closed to the Applicants. Adoption requires a three-fourths (3/4) vote of Council. 65 66 67 68 69 70 Adopted by the Council of the City of Virginia Beach, Virginia on the 14 day of September , 1993. CA-5229 ORDIN\NONCODE\OLB1-ROAD.ORD R-1 SEPTEMBER 8, 1993 - 27 - Item V-J.l.c. PUBLIC HEARING ITEM # 37217 PLANNING Rick McGinnis, McGinnis Realty, 968 South Oriole Drive, represented the applicant, Phone: 455-0543 Letter from First Assembly of God dated September 13, 1993, in SUPPORT of the application is hereby made a part of the record. Upon motion by Councilman Brazier, seconded by Vice Mayor Sessoms, City Council APPROVED the Application of McGINNIS REALTY for a Variance to Section 4.5 of the Subdivision Ordinance which requires that the developer reserve within the proposed subdivision "a parcel of land for open space and recreational purposes". Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, subdivision for McGinnis Realty and Development Company. Property is located on the north side of Old Donation Parkway, 1600 feet more or less east of North Great Neck Road. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. A Five Thousand Dollar ($5000) contribution to the City for the establishment of a TOT LOT. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.. Clyburn, Robert I~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy I~ Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None September 14, 1993 - 28 - Item V-J.l.d. PUBLIC HEARING ITEM # 37218 PLANNING Tony Arnold, Staff Engineer .for Virginia Beach Public Schools, represented the applicant and advised in compliance with the Navy's request, they will not construct any o,f the buildings in the high noise zone III. Corporate Landing Parkway will not tie in with Eaglewood Drive. Attorney Edward Bourdon, Pembroke One, Fifth Floor, Phone: 499-8971, represented neighboring property owners' requested landscaping, and screening as the school wouM be in an industrial area and was satisfied with comments on behal,f o,f the School Board relative Corporate Landing Parkway not tying in with Eaglewood Drive. Upon motion by Councilman Dean, seconded by Council Lady Parker, City Council ADOPTED an Ordinance upon application o,f VIRGINIA BEACH CITY PUBLIC SCHOOLS for a Change o,f Zoning. ORDINANCE UPON APPLICATION OF VIRGINIA BEACH CITY PUBLIC SCHOOLS FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 1-1 TO AG-1 Z09931393 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application o,f Virginia Beach City Public Schools for a Change of Zoning District Classification from I-1 Light Industrial District to AG-1 Agricultural District on certain property located on the north side of Dam Neck Road beginning at a point 1700.feet more or less west o,f General Booth Boulevard. The proposed zoning classification change to AG-1 Agricultural District is for public school land use. The Comprehensive Plan recommends use of this parcel -for business/research use. PRINCESS ANNE BOROUGH. The Ordinance shall be effective in accordance with Section 107 69 o,f the Zoning Ordinance. Adopted by the Council o,f the City o,f Virginia Beach, Virginia, on the Fourteenth o_f September. Nineteen Hundred and Ninety-Three. Voting: 8-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert 14. Dean, John D. Moss, Mayor Meyera E. Oberndorf, and Nancy IC Parker Council Members Voting Nay: None Council Members Absent: Louis R. Jones, Paul J. Lanteigne and Vice Mayor William D. Sessoms, Jr. September 14, 1993 - 29 - Item V-J.l.e. PUBLIC HEARING PL4NNING ITEM # 37219 Robert W. Bailey, 1002 The Midway, Phone: 428-7817, represented the Pinewood Park Civic League and was not OPPOSED to the DEFERRAL. The following registered in OPPOSITION, but did not speak, represented the Pinewood Park Civic League, and were not OPPOSED to the DEFERRAL: Judith DeFord, 1004 The Midway, represented the Pinewood Park Civic League William Martell, Lake Drive, represented the Pinewood Park Civic League Sandra D. Emerson, 515 Pinewood Drive, Phone: 491-0307 Upon motion by Councilman Branch, seconded by Councilman Lanteigne, City Council DEFERRED until the City Council Session of October 12, 1993, an Ordinance upon application of SEA BAY DEVELOPMENT CORPORATION for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF SEA BAY DEVELOPMENT CORPORATION FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5S to RT-3 Ordinance upon application of Sea Bay Development Corporation for a Conditional Change of Zoning District Classification from R-5S Residential Single District to RT-3 Resort Tourist District on certain property located on the north side of Norfolk Avenue, 70 feet more or less west of Pacific Avenue. This parcel contains 35,544 square feet. VIRGINL4 BEACH BOROUGH. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis iZ Jones, Paul J. Lanteigne, John D. Moss and Mayor Meyera E. Oberndorf Council Members Voting Nay: None Council Members Abstaining: Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None Council Lady Parker ABSTAINED as SEA BAY CORPORATION is a client of Parker's Pools. Vice Mayor Sessoms ABSTAINED as a Corporate Officer of Central Fidelity Bank which has an interest in a piece of property where the Trav-L-Park is located. September 14, 1993 - 30 - Item V-J.l.f PUBLIC HEARING ITEM # 37220 PLANNING Tuck Bowie, 1709 Oxen Court, Phone: 340-0322, represented the applicant Thomas C. Broyles, Presideng Indian River Plantation, Inc. Charles Traub, III, 784 Glasgow Court, Phone: 340-9056, spoke in OPPOSITION. A motion was made by Councilman Dean, seconded by Councilman Moss to DENY Applications of INDIAN RIVER PLANTATION, INC., INDIAN RIVER COUNTRY CLUB ESTATES, L~P., ROBERT F. RIPLEY and THOMAS VANCE (PRINCESS ANNE BOROUGH): Variance to Section 4.4(b) of the Subdivision Ordinance which requires lots created by subdivision must meet all requirements of the City Zoning Ordinance at the Northwest intersection of Indian River Road and West Neck Road.; Change of Zoning District Classification from R-40 Residential District to R-20 Residential District, containing 98. 8 acres:Parcel l:North side of Indian River Road beginning at a point 2300 feet more or less West of West Neck Road. Parcel 2:1700 feet North of Indian River Road beginning at a point 1150 feet more or less West of West Neck Road. Parcel 3: North side of Indian River Road beginning at a point 5800 feet more or less West of West Neck Road; Conditional Use Permit for an Open -Space Promotion at the Northwest intersection of Indian River Road and West Neck Road, containing 279.2 acres. Upon SUBSTITUTE MOTION by Vice Mayor Sessoms, seconded by Councilman Baum, City Council DEFERRED until the City Council Session of October 12, 1993, Applications of INDIAN RIVER PLANTATION, INC., INDIAN RIVER COUNTRY CLUB ESTATES, L.P., ROBERT F. RIPLEY and THOMAS VANCE for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires lots created by subdivision must meet all requirements of the City Zoning Ordinance, an Ordinances for a Change of Zoning and a Conditional Use Permit: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Indian River Plantation, Inc., Indian River Country Club Estates, L.P., Robert F. Ripley and Thomas Vance. Property is located at the northwest intersection of Indian River Road and West Neck Road. PRINCESS ANNE BOROUGH. AND, ORDINANCE UPON APPLICATION OF INDIAN RIVER PLANTATION, INC., INDIAN RIVER COUNTRY CLUB ESTATES~ L.P., THOMAS VANCE AND ROBERT RIPLEY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-40 TO R-20 Ordinance upon application of Indian River Plantation, Inc., Indian River Country Club Estates, L.P., Thomas Vance and Robert Ripley for a Change of Zoning District Classification from R-40 Residential District to R-20 Residential District on the following parcels: Parcel 1: Located on the north side of Indian River Road beginning at a point 2300 feet more or less west of West Neck Road. Parcel 2: Located 1700 feet north of Indian River Road beginning at a point 1150 feet more or less west of West Neck Road. Parcel $: Located on the north side of Indian River Rod beginning at a point 5800 feet more or less west of West Neck Road. The proposed zoning classification change to R-20 is for single family residential land use at a density no greater than 1.7 dwelling units per acre. The Comprehensive Plan recommends use of this parcel for agricultural land use. Said parcels contain 98.8 acres. PRINCESS ANNE BOROUGH. September 14, 1993 - 31 - Item V-J.l.f PUBLIC HEARING PLANNING ITEM # 37220 (Continued} AND, ORDINANCE UPON APPLICATION OF INDIAN RIVER PLANTATION, INC., INDIAN RIVER COUNTRY CLUB ESTATE~ L.P., ROBERT F. RIPLEY AND THOMAS VANCE FOR A CONDITIONAL USE PERMIT FOR AN OPEN SPACE PROMOTION Ordinance upon application of Indian River Plantation, Inc., Indian River Country Club Estates, L.P., Robert F. Ripley and Thomas Vance for a Conditional Use Permit for an Open Space Promotion on certain property located at the northwest intersection of Indian River Road and West Neck Road. Said parcel contains 279.2 acres. PRINCESS ANNE BOROUGH. This DEFERRAL will enable confirmation in writing from the Corps of Engineers concerning the Wetlands issue and give the applicant the opportunity to bring density down to be a point where acceptable of approximately 1 unit per acre. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy K, Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None Item V-J.l.f and J.l.g were voted upon together. September 14, 1993 - 32 - Item l/-J.l.e. -- PUBLIC HEARING ITEM # 37221 PLANNING Tuck Bowie, 1709 Oxen Court, Phone: 340-0322, represented the applicant Thomas C. Broyles, President, Indian River Plantation, Inc. Charles Traub, III, 784 Glasgow Court, Phone: 340-9056, spoke in OPPOSITION. A motion was made by Councilman Dean, seconded by Councilman Moss to DENY Applications of INDIAN RIVER PLANTATION, INC. and INDIAN RIVER COUNTRY CLUB ESTATES, L.P. for Change of Zoning District Class(t~¢qtions. Upon SUBSTITUTE MOTION by Vice Mayor Sessoms, seconded by Councilman Baum, City Council DEFERRED until the City Council Session of October 12, 1993, Ordinances upon application of lNDIAN RIVER PLANTATION, INC. and INDIAN RII~R COUNTRY CLUB ESTATES, L.P. for Change of Zoning District Class(5cations. ORDINANCES UPON APPLICATION OF INDIAN RIVER PLANTATION, INC. AND INDIAN RIVER COUNTRY CLUB ESTATES, L.P., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 TO R-20 Ordinance upon application of Indian River Plantation, Inc., and Indian River Country Club Estates, L.P., for a Change of Zoning District Classification from AG-1 Agricultural District to R-20 Residential District on the following parcels: Parcel 1: Located 650 feet north of Indian River Road beginning at a point 600 feet more or less west of West Neck Road. Parcel 2: Located 1400 feet north of Indian River Road beginning at a point 1200 feet more or less west of West Neck Road. Parcel 3: Located 1000 feet north of Indian River Road beginning at a point 2100 feet more or less west of West Neck Road. Parcel 4: Located 600 feet north of Indian Paver Road beginning at a point 2800 feet more or less west of West Neck Road. Parcel 5: Located 1360 feet north of Indian River Road beginning at a point 5050 feet more or less west of West Neck Road. The proposed zoning classification change to R-20 is for single family residential use at a density no greater than 1.7 dwelling units per acre. The Comprehensive Plan recommends use of these parcels for agricultural land use. Said parcels contain 63.3 acres. PRINCESS ANNE BOROUGH. September 14, 1993 - 33 - Item V-J.l.g. PUBLIC HEARING ITEM # 37221 (Continued) PLANNING AND, ORDINANCE UPON APPLICATION OF INDIAN RIVER PLANTATION, INC. AND INDIAN RIVER COUNTRY CLUB ESTATES~ L.P., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO R-20 Ordinance upon application of Indian River Plantation and Indian River Country Club Estates, L.P., for a Change of Zoning District Classification from AG-2 Agricultural District to R-20 Residential District on the following parcels: Parcel 1: Located at the northwest intersection of Indian River Road and West Neck Road. Parcel 2: Located 1200 feet North of Indian River Road beginning at a point 1650 feet more or less West of West Neck Road. Parcel 3: Located 2880 feet more or less West of the intersection of Indian River Road and West Neck Road. Parcel 4: Located 680 feet North of Indian River Road beginning at a point 2750 feet more or less West of West Neck Road. Parcel 5: Located 2400 feet more or less North of Indian River Road beginning at a point 3400 feet more or less West of West Neck Road. Parcel 6: Ix~cated 1250 feet North of Indian River Road beginning at a point 3800 feet more or less West of West Neck Road. Parcel 7: Located 1350 feet North of Indian River Road beginning at a point 5320 feet West of West Neck Road The proposed zoning classification change to R-20 is for single family residential land use at a density no greater than 1.7 dwelling units per acre. The Comprehensive Plan recommends use of these parcels for agricultural land use. Said parcels contain 117.1 acres. PRINCESS ANNE BOROUGH. This DEFERRAL will enable confirmation in writing from the Corps of Engineers concerning the Wetlands issue and give applicant the opportunity to bring density down to be a point where acceptable of approximately 1 unit per acre. September 14, 1993 Item V-J.l.g. PUBLIC HEARING ITEM # 37221 (Continued) PLANNING Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Robert I~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor William D. Sessotns, Jr. Council Members Voting Nay: None Council Members Absent: None Item V-J.l.f and J.l.g were voted upon together. September 14, 1993 Item V-K. 1. APPOINTMENT ITEM # 37222 ADD-ON Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: VIRGINIA BEACH CRIME TASK FORCE Alvaro Fincher, Student Green Run High School 9/1/93 - 8/31/94 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None September 14, 1993 UNFINISHED BUSINESS ~PORTIONMENT ITEM # 37223 Lou Pace, 1908 Hunts Neck Court, spoke in OPPOSITION to advertisement and against an at-large system. E. George Minns, President - Virginia Beach NAACP, also spoke as a private citizen, 29-.4 Reynard Crescent, Phone: 428-6353, in OPPOSITION to the REFERENDUM on Constitutional grounds. The City .4ttorney advised from a timing perspective it is important to make decisions as to the level of advertisement/voter education developed for the Referendum Question on Reapportionment. From an administrative perspective, the City .4ttorney plans to do the following absent direction to the contrary: Place large scale maps with accompanying statistics in each public library and outside the Council Chamber. Prepare and telecast an information spot on the City's cable channel. Mail a copy of the proposed plan and ballot question to groups which have their address on file with the Public Information Office. This list includes civic leagues, civic organizations, church groups, minority and ethnic groups. Make information available through Info Line. Publish an article in the Beach .4dvisory. .4t Council's direction, the following additional efforts can be initiated: Preparation and mailing of a sample ballot to each household. The General Registrar estimates a cost of $21,500 for preparation and mailing. .4pproval of the option will require an appropriation of funds. Purchase a full-page ad in the Virginian-Pilot, $2,800. Purchase full-page ads in the Beacon, $1,120 each. Three separate ads are recommended if this option is chosen. Total cost - $3,360. BY CONSENSUS, City Council advised the City Attorney to proceed with the normal exposure, not to proceed with the mailing of a sample ballot to each household and make the expenditure as conservative as possible. September 14, 1993 - 37 - UNFINISHED BUSINESS ADD -ON ITEM # 37224 Mayor Oberndorf again referenced an error in the VIRGINIA BEACH SUN concerning her column, copy of which was distributed by the City Manager's Staff to City Council Members. The column that should have appeared under the VBEA REPORT by Lisa Guthrie, President of Virginia Beach Educational ,4ssociation, ran under the column head and by-line of the Mayor. Mayor Oberndorf read into the record the letter of apology from Tom Nelms, Byerly Publications, Inc. (VIRGINIA BEACH SUN), dated September 14, 1993. "The City's efforts to Conserve Water" will run under the Mayor's column in the September 17, 1993, issue. There will be an editor's note concerning the error. Said letter is hereby made a part of the record. September 14, 1993 - 38 - NEW BUSINESS ADD-ON ITEM # 37225 Councilman Moss referenced the correspondence of September 8, 1993 from the City Manager concerning the potential for privatizing services within the Virginia Beach Community Recreation Center/Princess Anne..d Request for Information was developed to be distributed to businesses, as well as published in the newspaper on September 18, 1993. Councilman Moss advised the delineations of the tasks performed in the RFI do not convey the intensity and complexity of the Recreation Centers. A better statement shouM be devised before comments are requested. The City Manager advised the RFI was developed with the intent to determine if there was interest from firms. If there are interested firms, additional information and detailed specifications will be developed. September 14, 1993 NEW BUSINESS ADD-ON ITEM # 37226 Councilman Moss referenced the issue of pay reform. This was discussed during the FY 1992-93 Operating Budget and the Capital Improvement Program. Councilman Moss requested a Public Hearing be separate from the actual date of vote on the pay reform. Councilman Moss would not like the Workshop, Public Hearing and vote on this issue all within a two week period of time. There should be ample time for decision and feedback from affected groups. The City Manager advised this item will be added to the Pending Items List to monitor the progress on September 14, 1993 NEW BUSINESS ADD -ON ITEM # 37227 Councilman Moss advised there is a six-year Capital Improvement Program. Last year, a two-year Operating Budget was investigated and there is a six-year revenue forecast. Councilman Moss requested City Staff consider a 6-year Forecast on the Budget. September 14, 1993 NEW BUSINESS ADD -ON ITEM # 37228 Council Lady Parker referenced an article in the Business Weekly relative the Reinvestment Act. Council Lady Parker inquired as to whether the process could be assisted by establishing the City's goals which would help the banks in meeting their requirements. The City Manager has scheduled a Briefing on the Long Range Housing Strategy. September 14, 1993 CITY MANAGER'S PRESENTATION CAPITAL IMPROVEMENT PROGRAM 5:25 P.M. ITEM # 37229 E. Dean Block, Director of Management and Budget, advised the Proposed FY 93/94 - FY 98/99 Capital Improvement Program's first consideration is moderating expected future total debt levels. There will be another review in 1995 of base closures. Therefore, the next eighteen to twenty-four months could have potential future implications. The City needs to move forward with key areas of the Capital Program and, particular, the job creation investment program. The staff is striving in the process to keep up with basic infrastructure for services. Mandates are another major influence with regard to this document. Mr. Block advised the idea of New Appropriation Authority pertains to future commitments, not including appropriations in the past. FINANCIAL SUMMARY NEW APPROPRL4 TION AUTHORITY YEAR I- ~ 6 PROPOSED FY 93/94 - FY 98/99 Public Improvements: Schools $141, 600, 000 Roadways 44, 680, 344 Coastal 8,666,408 Economic & Tourism Development 93, 790, 231 Buildings 26,351,577 Parks & Recreation 10.224. 434 Total Public Improvements 325,312.994 Utilities: Storm Water 10, 848, 585 Water & Sewer 74.842.310 Total Utilities 85.690.895 Total NAA 93/94 C.I.P. $411.003.889 For Comparison: Total NAA 93/93 Approved C.I.P. $46~.,052..$54 Reduction ($ 49, 048, 465) I I I September 14, 1993 CITY MANAGER'S PRESENTATION CAPITAL IMPROVEMENT PROGRAM ITEM # 37229 (Continued) FINANCIAL SUMMARY I I ~ Proposed Fy 93/94 - FY 98/99 CJ.P: (Including Appropriations To-Date) Public Improvements $609,274,939 Utilities 340. 753. 593 Total 950.028.532 FY 93/93 Approved: (Including Appropriations To-Date) $1,059,992,243 Reduction ($109, 963, 711) FINANCIAL SUMMARY CAPITAL BUDGET FY 93/94 Public Improvements: Schools $ 25, 800, 000 Roadways 4,818,314 Coastal 1,373,000 Economic & Tourism Development 51,030,266 (Includes VMSM) Buildings 9,107, 750 Parks & Recreation 1.540.480 Total Public Improvements 93.649,810 Utilities: Storm Water 1, 700,000 Water & Sewer 7,450,000 Total Utilities 9.150. 000 Total Capital Budget $102. 799.810 There are no tax increases proposed with this Capital budget. Mr. Block advised there would be some effects in later years of the Capital Improvement Program. There is also no need for any revenue enhancement measures within the framework of the proposal before City Council. Mr. Block advised the Program Highlights encompassing a balanced distribution of funds. September 14, 1993 CITY MANAGER'S PRESENTATION CAPITAL IMPROVEMENT PROGRAM ITEM # 37229 (Continued) PROGRAM HIGHLIGHTS Schools: 20 Additions/Conversions New Elementary School 2 New Middle Schools Ocean Lakes High School $28M Toward Additional High School Land Acquisition for 5 Schools (SLIM) Schools Membership Projections: FY 93/94 FY 98/99 Change 75,874 83,910 8,036 New Capacity Added in Proposed C. LP. = 10,925 - 11,500 Trends & Issues Roadways: Indian Lakes BlvvL PH 1 Independence IV-A Bridges VDOT Program Race Track Improvements Coast: Oceanfront & Ocean Park Beaches Lynnhaven Inlet & Rudee Dredging Economic & Tourism Development Full Funding of VMSM Hurricane Protection (HPP) Funded (Shift from Pavilion) 25th Street Parking (TGIF Funds Support) Enhanced EDIP Golf Course Land Buildings: Mandated (LUST, ADA, BBP) Basic Needs Detention Facility Parks & Recreation: Continuation Outdoor Plan Initiative Storm Water Utility: Projects to Start Projects Advanced/Added Rosemont Road - Windsor Woods Ocean Park Ih'ne Ridge Hurricane Protection - North Beach Water & Sewer Utility: Savings of $31M on lxdce Gaston Sandbridge Sewer Deleted Neighborhood Projects September 14, 1993 CITY MANAGER'S PRESENTATION CAPITAL IMPROVEMENT PROGRAM ITEM # 37229 (Continued) A $250,000 annual allocation is being proposed for Americans with Disabilities to put forward a good faith effort to begin this process. A similar amount has also been recommended within the School allocation. This would allow for planned improvements and a reserve for some particular contingency. Councilman Baton requested the Memorandum from Louis Cullipher, Director of Agriculture, be forwarded to all Members of City Council Mr. Cullipher determined that 3,525 acres of cropland would be flooded along Back Bay if a storm event occurred that flooded to an elevation of 5.0 feet m.s.l. Said letter is hereby made a part of the record. PROPOSED COUNCIL REVIEW SCHEDULE Workshop #1 Workshop #2 Public Hearing Workshop #3 Workshop (Reconciliation) Public Hearing First Reading Second Reading 3:00 P3/I - 5:00 P34. September 28, 1993 10:00 A3/I. - 12 NOON October 5, 1993 7:00 P34. October 7, 1993 10:00 A34. -12 NOON October 12, 1993 3:00 p.m. - 5:00 P.M. October 26, 1993 2:00 P.M. 6:00 P.M. November 9, 1993 November 23, 1993 *This Public Hearing is subject to change. September 14, 1993 Item V-L. ADJOURNMENT ITEM # 37230 Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED at 6:25 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia September 14, 1993