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APRIL 11, 2000 MINUTES Cit Beach CITY COUNCIL MAYOR MEYERA E. OBER."lDORF, At-Large VICE MAYOR WILLIAM D. SESSOMS,JR., At-Large JOHN A. BAUM, At-Large LIf,lWOOD O. BRANCH, III, District 6-Beach MARGARET L. EURE, District j.Cclllcrt'illc WILLIAM W. HARRISON,JR., DislnctS-Lynnhaz'en BARBARA M. HENLE}" DistnCt 7 -P/1ncess Anne LOUIS R. .lONES, District 4-Bayside REBA S. McCLANAN, Dist/1ct 3-Rose Hall NANC}' K. PARKER, At-Large A.M. (DON) WEEKS, District 2-Kcmp".illc JAMES K SPORE, City Manager LESLIE L. LILLE\', City Attom,y RUTH HODGES-SMITH, City Clerk CITY COUNCIL AGENDA CITY II,ILL /!U[UJINn I 24m COlJRTf lOllSI' IJRI\ 'Ie 1'¡¡¡Wi,?,1 BE,ICII. I'l/iWN1,\ 234.;(o-'ì()113 I 'liON/:: (Î.;Î) 32Î-43114 ¡':IX: (Î:;Î) 42(0-3101>9 n¡,I/L: Cl.\'cnd(aiciL.\'.l'irginia-hcach.\'".1I8 April 11, 2000 I. BUDGET WORKSHOP - Conference Room - 10:00 AM A. QUALITY EDUCATION FOR LIFELONG LEARNING - SCHOOLS B. POLICE C. CONVENTION and VISITOR BUREAU II. CITY MANAGER'S BRIEFINGS 12:30 PM A. TAXICAB ORDINANCE [30 min] Captain Kenneth Lowe, Department of Police III. REVIEW OF AGENDA ITEMS IV. CITY COUNCIL COMMENTS V. INFORMAL SESSION - Conference Room - 1 :30 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 2:00 PM A. B. CALL TO ORDER - Mayor Meyera E. Oberndorf INVOCATION: Reverend Robert E. Cooper Charity United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS April 4, 2000 G. AGENDA FOR FORMAL SESSION The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. H. ORDINANCES 1. Ordinance to AMEND Section 2-72 ofthe City Code by ADDING two Alternate Members to the City's Personnel Board. 2. Ordinance to APPROPRIATE $23,000 from the Forfeited Asset Sharing Special Revenue Fund Balance to the FY 2000 Operating Budget of the Police Department re police equipment that offers alternatives to deadly force. 3. Ordinance to APPROPRIATE $18,005 from the Virginia Beach Library Gift Fund to the FY 2000 Operating Budget of the Department of Public Libraries re library materials and equipment at area libraries; and, estimated revenue from citizens and organizations be increased accordingly. I. PLANNING PLANNING BY CONSENT - To be determined during the Agenda Review Session. 1. Application of ROBERT D. ZIRPOLI for a Variance to Section 4.4(d) ofthe Subdivision Ordinance, which requires that all newly created lots must have direct access to a public street at 3424 Litchfield Road, containing 4 acres (L YNNHA VEN - DISTRICT 5) Deferred: Recommendation: January 11, 2000 APPROV AL 2. J. Application of ALBERT W. JENSEN for a Variance to Section 4.4(b) ofthe Subdivision Ordinance, which requires that all newly created lots must meet all requirements of the City Zoning Ordinance at the northeast corner of Bells Road and North Birdneck Road, containing 3.59 acres (BEACH - DISTRICT 6) Recommendation: APPROV AL 3. Application of CROWN COMMUNICATIONS for a Conditional Use Permit for an extension to an existing 250-foot monopole tower on the west side of Princess Anne Road at the intersection with Baxter Road (4901 Princess Anne Road), containing13.176 acres (KEMPSVILLE - DISTRICT 2) Recommendation: APPROVAL 4. Application of BRUCE MIMRAN for a Conditional Use Permit for recreational and amusement facilities of an outdoor nature on Lots 7 through 22, Block B, Plat of Shamrock, on the north side of 15th Street extending between Atlantic Avenue and Pacific A venue, containing 40,000 square feet (BEACH - DISTRICT 6) Recommendation: APPROV AL 5. Application of SPRINT PCS for a Conditional Use Permit for a communications facility (flag pole) at the northeast intersection of Diamond Springs Road and Northampton Boulevard (1300 Diamond Springs Road), containing 1,742 square feet (BA YSIDE - DISTRICT 4) Recommendation: APPROV AL 6. Application of HALE BOATEL, INc., t/a Shore Drive Marine for a Conditional Use Permit for boat sales and small engine repair at the northeast corner of Shore Drive and Roanoke Avenue on Lots 6, 7, 8 and 9, Block 26, Section B, Ocean Park, containing 26,189 square feet (BA YSIDE - DISTRICT 4) Recommendation: APPROV AL 7. Application of CITY OF VIRGINIA BEACH for a Change of Zoning District Classification from B-1 Neighborhood Business District. 0-1 Office District and AG-l Agricultural District (Historic and Cultural District Overlay) to 0-2 Office District (Historic and Cultural District Overlay) 1 050 feet more or less northwest of the intersection of North Landing Road and West Neck Road, containing 13.11 acres, more or less (PRINCESS ANNE - DISTRICT 7) Recommendation: APPROV AL APPOINTMENTS FRANCIS LAND HOUSE BOARD OF GOVERNORS HEALTH SERVICES ADVISORY BOARD MEDICAL COLLEGE OF HAMPTON ROADS K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT PROPOSED FY 2000-2001 RESOURCE MANAGEMENT PLAN SCHEDULE DATE EVENT LOCATION TOPIC Thursday, April 13 Public Hearing Princess Anne High Public Comment on Proposed FY 7:00 PM - 9:30 PM School 2000-200 I Resource Mgmt. Plan Tuesday, April 18 Council Workshop Council Conference Room Quality Physical Environment & 10:00 AM - Noon Operational Support Tuesday, Apri125 Council Workshop Council Conference Room Cultural and Recreational 2:00 PM - 4:00 PM Opportunities & Family and Youth Opportunities Tuesday, April 25- 6:00 PM Public Hearing Council Chamber Public Comment Thursday, May 4 Council Workshop Council Conference Room Reconciliation of Outstanding 10:00 AM - Noon Resource Issues Tuesday, May 9 - 2:00 PM Adoption ofFY 2000-2001 Council Chamber Resource Mgmt. Plan ********** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) ********** 04/07/95BAP AGENDA \04-11-00.PLN www.virginia-beach.va.us MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April]],2000 Mayor Meyera E. Oberndorf called to order the FY 2000-2001 RESOURCE MANAGEMENT WORKSHOP in the Council Conference Room, City Hall Building, on Tuesday, April]], 2000, at ]0:00 A.M, Council Members Present: John A. Baum, Linwood O. Branch, IlL Margaret L. Eure, Barbara M Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Absent: Vice Mayor William D. Sessoms, Jr. [ENTERED: ]2:42 PM.] William W. Harrison, Jr. [ENTERED: ]2:42 PM.] Louis R. Jones [ENTERED: 10:20 A.M.] - 2- BUDGET WORKSHOP QUALITY EDUCATION FOR LIFELONG LEARNING 10:00 A.M. ITEM # 46467 Daniel Edwards, Chairman - School Board, presented the FY 2000-2001 Virginia Beach School Operating Budget. The Operating Budget has been prepared within revenue projections, based upon the Revenue Sharing Formula. This was made possible by the School Administration's careful concentration on priorities and the City Administration's agreement to allow the Schools to develop a comprehensive plan designed to make efficient use of uncommitted funds. Had this flexibility not been available, it would have been very difficult to remain within the Formula. This included a retroactive adjustment to teachers' salary scale and supplies for the new Landstown High School. Last October, an Ad Hoc Committee was APPOINTED, consisting of School Board Members: Jane S. Brooks, Dan R. Lowe and Jerri M. Tata. This Committee proposed and it was approved by the School Board guiding principals, which included a commitment to develop the School's Budget within the Revenue Sharing Formula. A calendar was established to facilitate meaningful dialogue and allow for final School Board action in early March (a necessary deadline in order to provide for inclusion of the School's budget within the total Municipal Operating Budget). The School's Budget was adopted March 7, 2000, four days prior to the close of the General Assembly Session. However, the document was shaped to address some of the statewide issues. The basis for this budget document is twofold. First 2000-2001 will be an evaluative year - a time to examine the dramatic improvements which have been made in recent years and to ensure the success of those investments before we move on to further program expansions. These include opening of Landstown High School and the planning of the Advanced Technology Center. Second, more of the growth in this $472,303,684 budget has been earmarked for the upgrade of employee salaries with a heavy concentration on teacher salaries. The final actions of the General Assembly will have a modest impact on the revenues in the document, but have a significant impact on the proposed expenditures. These will affect the categorical amounts shown in the published budget. The necessary adjustments will be provided prior to the end of the month. The Schools Board requests the City Council consider a "lump sum" appropriation. The School Division Financial Management is now nationally honored. Therè are new internal controls to ensure active, up-front School Board involvement in all budget transfers. The School Board is proud to have contributed to the recognition of Virginia Beach as one of the best managed cities in the Nation. Dr. Timothy R. Jenney, Superintendent of Schools, advised the last several years have been years of increasing stability in the school system as well as program enhancement and program growth. Dr. Jenney acknowledged the support of the City Council, the Legislative Delegation, the strategic vision of the School Board and the contributions of a competent, committed and compassionate staff. Business conducted in the public sector is often done in the midst of controversy. Dr. Jenney cited the improvements: Full implementation of the International Baccalaureate Program (Princess Anne High School) Full implementation of the Math/Science Magnet Program (Ocean Lakes High School) Opening of2 new elementary schools Additional high school staffing to assist with increased graduation requirements. Restoration of the equipment and StafJDevelopment allocation reduced in FY 95/96 Full-time elementary gifted Magnet School for 500 students. Expanded service delivery to the elementary gifted population through the elementary resource program. Instructional Technology initiative. A lternative education programs for at-risk 6'h and 7th grade (Project Exceed - Math Academy) Distance Learning in high school (at 6 and soon to be 10 high schools) Development of "permanent" substitute pools Administrative substitute initiative (all administrative stafJshall substitute in a classroom for 2 days a year) Added bus drivers, bus assistants, custodians, mechanics and maintenance personnel. Automated Substitute Calling System (assist in providing substitutes for teacher absence~~ Security cameras Expansion of the Technology staff Established baseline dollars for cyclical replacements Replaced the Columbia student database with a more comprehensive program which can provide more data in a more timely fashion. Replacing the Human Resources/Payroll systems. Instructional Technology replacement cycle Modernization of elementary schools April 11, 2000 - 3- BUDGET WORKSHOP QUALITY EDUCATION FOR LIFELONG LEARNING ITEM # 46467 (Continued) Victoria L. Lewis, Chief Financial Officer, advised the FY 2000-2001 Virginia Beach School Operating Budget was approved March 7, 2000, in the amount of$472,303,684, an increase of$15,914,604 or 3.49% over the current year's budget. The City's office of Management Services' current estimate of funds for the Operating Budget provides an increase of $7.4-MILLION from the FY 2000 amounts. In addition, the Governor's Budget provided in December 1999 projected that the fundingfrom the State would increase by $10.6-MILLION; however, even with these revenue increases, the Budgeted expenditures rose from the anticipated increase in the Virginia Retirem ent System contribution rate, the reinstatement of the VRS Life Insurance rate, annualized cost for Health Insurance, Maintenance Cost and Programmatic increases in areas such as 'year round school and summer school. The VRS rate utilized to construct the Budget was provided by the State in December and has been reduced by the General Assembly. This reduction in the rate and the affect it will have on the Schools Operating Budget will be discussed later. Mrs. Lewis reviewed the method of constructing the revenues and what effects these revenue estimates. The majority of State revenues are "per pupil" formulas and virtually all instructional staffing is based upon the distribution of those students across the grade levels. Therefore, the first and most critical component in development of the budget is projection of the September Thirtieth enrollment. SEPTEMBER 30 ENROLLMENT Actual Change FY 95/96 76,508 FY 96/97 76,677 +169 FY97/98 77,521 +844 FY 98/99 77,403 -118 FY/99/00 77,363 - 40 FY 00/01 (projected) 77,243 -120 The decline in enrollment is not expected to continue. Based upon recent analysis of the factors, it appears Virginia Beach public school enrollment will hoover between 77,200 and 77,500 students for the next several years. The March Thirty-first average daily membership is the most critical number in the estimation of the State Revenues. Historically the March Thirty-first ADM (Average Daily Membership) is less than the September Thirty figure by anywhere between one and two percent. Another factor which affects the development of the revenues is the Composite Index, which is intended to be a measure of the locality's ability to fund education. Virginia Beach provides almost twice as much funding as required by law. These additional dollars are utilized in various ways i.e.funding additional assistant principals above the SOQ requirements, nurses for each school, additional clerical, resource teachers (gifted and computer), special programs, additional staff development and school allocation funds. COMPOSITE INDEX HISTORY 94- 96 .3412 96- 98 .3425 98-00 .3466 00-02 .3523 MAJOR REVENUE SOURCES FY 99/00 FYOO/01 Federal $ 1l.7M $ 9.7M Sales Tax. $ 46.2M $ 52.2M State Revenue $ 195.7M $ 200. 3M Local Contribution $ 200. 8M $ 208.2M April 11, 2000 - 4- BUDGET WORKSHOP QUALITY EDUCA TION FOR LIFELONG LEARNING ITEM # 46467 (Continued) The City's office of Management Services', estimate of funds available to the School Division for the FY 00/01 Revenue Sharing Formula is $245,438,111. Of this amount, $36,248,773 is estimated to be Debt Service, $1,000,000 for "pay as your go" CIP and the remaining $208,189,338 to fund Operations. Approximately $14.42-MILLION in costs budgeted in FY 99/00 were eliminated in the development of the FY 2001 Budget. In addition, the FY 2000 Operating Budget adjusted for additional attrition from the recently approved 50/30 retirement option. This early full retirement option resulted in approximately $6.06-MILLION in excess attrition. It is estimated that $2. 49-MILLION of attrition will occur in FY 2000- 2001. With the reduction of school allocations, there was a reduction of funds in the Student Database System, elimination of one-time items from FY 99/00, elimination of capital outlay from FY 99/00 and elimination of over 89 positions. However, there were increases in other areas: ADDITIONS FOR FY 00/01 Salary Overhangfor mid-year $ 2.08-MILLION COLA VRS Retirement rate increase $ 1. 72-MILLION VRS Life Insurance Premium $ 2. 3 I-MILLION Full year cost of health subsidy $ .50-MILLION increase Increase in Textbook SOQ Match $ . 63-MILLION Early Reading Intervention Match $ .24-MILLION Other Grant Matches $ .I8-MILLION Utilities and Maintenance $ . 65-MILLION Estimated Fuel Increases $ .27-MILLION Insurance and Workmen's Comp $ .33-MILLION COMPENSA TION INCREASE Total Compensation $ 15.88-MILLION Increase FY 99/00 FY 00/01 Starting Teacher $ 27,314 $ 29,750 +8.9% Salary Top of the Scale $ 48,288 $ 50,610 +4.8% Non-instructional 4% funds reserved for positions second part of salary study. While the FY 2000 unallocated positions were removed, there were other positions added to the FY 2000 Operating Budget. The largest number of these positions were Special Education positions approved by the School Board in December 1999. There are several philiosophical threads. The most notably is the ever expanding use of technology to ensure efficiency. For example, two technical positions have been added to manage the telephone system and the Distance Learning equipment. Because the school system has embarked on several high profile technology initiatives: New Student Base, Human Resources Payroll System, it has been recommended that the Office of Technology be upgraded to departmental status with the addition of a Chief Information Officer. Aprilll, 2000 - 5 - BUDGET WORKSHOP QUALITY EDUCATION FOR LIFELONG LEARNING ITEM # 46467 (Continued) ADDITIONS FOR FY 00/01 Increase Summer School pay rates $ . 72-MILLION SECEP Tuition $ .62-MILLION Ground Services $ .59-MILLION Early Recruitment Program $ .I5-MILLION Distance Learning $ .I8-MILLION Legal $ .I2-MILLION Intercession costs $ .08-MILLION Workshops and professional $ .34-MILLION development Printing and binding $ .25-MILLION Telecommunications $ .24-MILLION Student Data license agreement $ .28-MILLION Miscellaneous other increases $ .6I-MILLION The Schools' currently project uncommitted funds as of December 31, 1999, to be approximately $14.2- MILLION. FY 99/00 SPENDING PLAN Teacher Salary Scale Adjustment $ 2. 76-MILLION Technology Purchases $ 3.80-MILLION Supplies for Landstown High School $ i.66-MILLION Purchase 26 school buses $ J.5i-MILLION Health Insurance Fund reserve $ . 75-MILLION Copiers and risographs $ . 72-MILLION TSIP Stipends (Approved IIiB/OO) $ .63-MILLION Distance Learning - last 4 sites $ .55-MILLION Replace phone systems $ .30-MILLION Vehicle replacement $ .22-MILLION TCE equipment and materials $ .2i-MILLION Transportation capital outlay $ .i2-MILLION Custodial equipment replacement $ .iO-MILLION Equipment for Ground Services $ .iO-MILLION School Plant capital outlay $ .O7-MILLION Current visual arts program equipment $ .O6-MILLION Other capital outlay-faxes, Audiological, $ . 05-MILLION etc. TOTAL RECOMMENDED USE $13.61-MILLION AprilIl, 2000 - 6- BUDGET WORKSHOP QUALITY EDUCATION FOR LIFELONG LEARNING ITEM # 46467 (Continued) Mrs. Lewis advised the development of the FY 2001 Operating Budget, also involved a look into thefuture. program additions/expansions were weighed in the balance with the ability to continue these programs into the future into 2002. The Landstown High School opening in September 2001 will require a minimum of 45 positions added to the Operating Budget. These positions are currently conservatively estimated at $1. 6- MILLION. There will be allowances for items such as coaching and club partnerships, which will need to be added. FY 2001 will also be the planning year for the Advanced Technical Center and these positions will need to be added to the FY 2003 Budget. Dr. Jenney provided information on the effect of Final General Assembly Actions: EFFECT OF FINAL GENERAL ASSEMBLY ACTIONS FY 00/01 Operating Budget Revenues (3/7/00) $ 472,303,504 Fundingfor 12/1/00,2.4% teacher raise 2,403,675 Basic Aid per-pupil amount reduction (441,511) Revenue reduction for VRS rate decrease (1,663,844) Other State revenue reductions ( 522,550) Revised FY 00/01 Revenues $ 472,079,384 FY 00/01 Operating Budget Expenditures $ 472,303,504 Effect of VRS rate reduction (4,620,597) Increase in Technology Grant Match 10,000 Adjusted FY 00/01Expenditures $ 467,692,907 Mrs. Lewis advised the funds received from the Lottery Funds in FY 98-99 were approximately $9.7- MILLION. This year $9.5-MILLION is expected to be received and every indication is those funds will continue into the future. Dr. Jenney advised Distance Learning is the utilization of fiber optics (Cox Communication has won the bid) to provide real time to a interactive involvement from one site to another. Staffing standards have created financial constraints and issues of equity. Distance Learning allows the providing of a class from one location to all High Schools. It is an efficiency factor whereby a full time teacher does not have to be provided for fewer students. Distance Learning can also be utilized in teacher recruitment i.e. two-way interview with a University in Pennsylvania and Wisconsin. Dr. Jenney advised there are renovation projects underway with massive dislocations of students on a regular schedule. Portable classrooms allow these renovations and also allow for "peaks and valleys" in the distribution of students. To not have these portables would require overbuilding in an area which might be underutilized in the future or have massive movements of children around the community for a short period of time. Vick Gregor, Assistant Superintendent of Middle Schools, spoke relative the allocation and rationale of portables. Portables 207 55 111 363 Elementary Schools Middle Schools High Schools TOTAL April 11, 2000 - 7- BUDGET WORKSHOP QUALITY EDUCATION FOR LIFELONG LEARNING ITEM # 46467 (Continued) These portables serve a variety of uses. These portables are primarily for classroom instruction with a few portables housing special programs; however, the majority of the programs purposes are for classroom instruction. Relative reduction of portables: The K-3 initiative (reduce class size) has added ]90 teachers over the past three years, which have required classrooms. The addition of computer labs in each of the schools has added an estimated 80 classrooms. The Kemps Landing Program has cost, in terms of reducing the Middle School allocation of inventory of classrooms, another 55 rooms. The modernization issue has cost approximately 35-40 classrooms and is projected to increase over 90 classrooms within the next year or two. Increasing programmatic delivery, which would include moving music and art previously located on carts has created classroom space for those programs. The addition of the Gifted Resource Programs have caused extra classroom space. A Fact Sheet shall be provided to Members of City Council and the Press. Information relative the age of the portables shall be provided. There have been no additional portable classroomspurchased since 1995. Anthony Arnold, Director of the office of Facilities Management Planning and Construction, advised modernization is primarily driven by funding. With the exception of the next two years, the only two new schools are the proposed elementary school (2006) and the middle school (2009) in the Red Mill area. Thalia Elementary, with its high number of portables, was originally scheduled to receive a classroom addition. The addition was rolled into the Modernization Program. Thalia required more portables to facilitate the modernization. Thalia has the highest number of additional classrooms being built with the modernization. A comparison to schools systems similar to Virginia Beach's relative the drop-out rate will be provided. Relative students possessing different languages, Dr. Jenney advised ESL classrooms are being provided (approximately 40 different languages) with appropriate instruction activities. Dr. Jenney advised the regional average is utilized as the benchmark for teacher salaries. It was determined that approximately a ] 0% increase in compensation would be required to meet the regional average. Relative the Advanced Technology Program, there has not been aformula establishedfor the operating cost sharing and the renewal program, but negotiations are in process Dr. Jenney believes a program can be developed to assist the community in the access of computers at nights in the library facilities of schools. Cooke Elementary and Betty F. Williams are allowing the students' parents access to their computers. Mr. Arnold advised schools selected for modernization are primarily chosen by age. However, schools previously renovated and expanded i. e. Thoroughgood and John B. Dey, need to be considered. Eliminating Fairfax, no community is more aggressive than Virginia Beach in terms of the modernization and care of aging infrastructure. Mayor Oberndorf and City Council expressed appreciation to Dr. Jenney, Chairman Edwards and all members of the School Administration and School Board for their presentation of the School's Operating Budget. April]], 2000 - 8- BUDGET WORKSHOP POLICE - LIBRARIES 11:10 A.M. ITEM # 46468 Walter Kraemer, Jr., Acting Director - Department of Management Services, advised Libraries initiated some changes to their programs, the Ready to Learn Project. Funding is provided to support training and materials for celebration of the "Year of the Young Child" in 2001. It is envisioned that the City will launch a multi-media public awareness campaign to ensure that all parents and child care providers are aware of the importance of the early childhood year and the preparation required to ensure school success and life long learning. Martha J. Sims, Director of Libraries, advised there are approximately 250,000 library card holders. In 1996, both the Bayside Area Library and the Third Police Precinct began investigating the need to expand their buildings. Both staffs submitted separate CIP proposals. Library and Police planners recognized that the expansion and additional parking needs of both agencies could only be met on the present site if a single, two story facility were constructed to serve both Library and Police. The Library Referendum in November 1998, included a 27,000 square foot, two-story building to serve the needs of the Bayside Area Library, Special Services Division for the Blind and Visually Handicapped (18,000 sf) and Third Police Precinct (9,000 sf). On November 3, 1998, the voters did not approve the Library Referendum. In response, City Council appointed a Library Facilities Review Committee, comprised of both City Council (Council Members Parker and McClanan) and Library Board Members, to review the eight projects and service enhancements contained in the referendum and propose plans and polices to address these needs. The Committee recommended leasing space for the Bayside Area Library and Special Services Division, leaving two buildings on the site for expansion of the Third Police Precinct. After considering the idea of leasing space for the Bayside Area Library, City Council chose to direct staff to find other solutions to meet the expansion needs of this Library. Staff from Libraries, Police, General Services, Public Works Engineering, Public Works Real Estate and Management Services, began with several public dialogues with residents of the Bayside area and requested their input on previously developed alternatives. These plans were also discussed with the Citizens Advisory Committees of the Third Police Precinct and several Bayside area Civic Leagues. Marcy advised the five (5) alternatives considered: 1. Additional land to be purchased from the adjacent property owner to allow the construction of two separate, single-story buildings for the Bayside Area Library and the Third Police Precinct. II. Additional land to be purchased from the adjacent property owner, to allow the construction of a separate, single-story Bayside Area Library and renovating the old library building for the Third Police Precinct. III. Construct a single, two story building to include the Bayside Area Library and Third Police Precinct on the present, unexpanded site. Iv. Relocate Third Police Precinct or Bayside Area Library to another site, construct a new Bayside Library or Third Police Precinct on the present site. v. Relocate the Bayside Area Library to a leased site and construct a new Third Police Precinct on the current site. Alternative I was recommended by City staff. This Alternative involves the acquisition of approximately 1.48 acres of land and the construction of a new expanded Bayside Library and a new Third Police Precinct. Mrs. Sims displayed the Site Plan. Access to the site will be through Honeygrove Road off Independence Boulevard. April 11, 2000 -9- BUDGET WORKSHOP POLICE - LIBRARIES ITEM # 46468 (Continued) ALTERNATIVE I Advantages Disadvantages Accommodates all required parking for both Cost of additional land. Libraries and Police Temporary loss of community meeting space. Flexibility for future expansion of either Library or Police Both Police and library remain in operation with no additional cost throughout construction Public input favors this alternative, keeping both Library and Police on site and in separate facilities. Special Services for the Blind would first be relocated into the Bayside Library and the Special Services building would be demolished. The current Capital Improvements Program 1999-2005 includes $579,000 for the Bayside Area Library in CIP 3-447 and $1.3-MILLION for the Third Police Precinct in CIP 3-413. The City Manager advised neither of these projects would have been possible, if it were not for the General Assembly's increasing House Bill 599 Funding, which went from $6-MILLION a year to $15. 7-MILLION; therefore, a $9. 7-MILLION per year increase. An additional $9.6-MILLION was received this year and $9. 7-MILLION last year from the lottery proceeds. CIP 3-453 Princess Anne Area Library would provide for construction of up to a 16,000 square foot branch library on General Booth Boulevard. On-going associated costs of$1.2-MILLION for staff and operations in FY 2002-03 would need to be addressed in the Operating Budget. Marcy advised there are 3 volunteers to every] staff member in Libraries. When a new or renovated library is open, it is hoped Sunday hours will be incorporated into the staffing structure. This is dependent upon funds. The FY 2000-0] Budget maintains current services, including the continuing costs associated with the new automated system. The new integrated system is scheduled to be operational by December 2000. This will be a whole new system of a library catalog. Community information and Web sites will also be integrated. Total expenditure is approximately $1.3-MILLION. The State just passed full funding of state aid for public libraries. Approximately $350,000 in funding will be received. Chesapeake passed a Referendum approximately 7 years ago and they have been under a major building program ever since. Chesapeake has significant resources which they are putting into materials; however, Marcy is very proud of Virginia Beach libraries and feels we are going to get back on top in the very near future. The Green Run Library has no funding for construction at this time. Funding is included in this project for the purchase of library materials as apart of a cooperative agreement between the Boys' Club/ Girls' Club and the City to incorporate a 5,000 sq. ft. library as part of the Boys' Club/Girls' Club facility. The facility is anticipated to open in January 2000. The staff was recommending that at the end of the current CIP in five years, funding will be available to build a full service Green Run Library. As per request of Council Members McClanan and Parker, charts relative the time line of the Green Run library (based on the amount of revenues), will be provided. Marcy advised at one time, Libraries did have a grant for the purchase of Art. Libraries discovered as the buildings and population grew, the space was deemed essential for other services, and, therefore, the art was disbursed. Some of the collection was sold and the funds were incorporated into the book budget. Comparison with Chesapeake Libraries shall be provided relative books and expenditures per capita. April]], 2000 - 10- BUDGET WORKSHOP POLICE - LIBRARIES ITEM # 46468 (Continued) Relative Police, Mr. Kraemer advised overall serious crimes per 1,000 citizens - including Part 1 property crimes (burglaries, larcenies, motor vehicle thefts, and arson) and Part 1 violent crimes (homicides, rapes, robberies and aggravated assaults) - decreased by 10 % in calendar year 1999. This budget includes previous ly awarded federal funding and the proposed City match for an additional 15 community policing officers, for a total of135. As with all the federal grants received since FY 1994-95, thefederalfundingfor the 15 officers is a three-year grant and pays up to 75% of salaries and fringe benefits, with the remaining 25% and all other costs borne by the City. The Department had requested funding for 8 part-time positions entitled Community Service Officers. These non-sworn Officers would assist sworn Officers with non- enforcement calls, including disabled and abandoned vehicles, traffic direction and problems, minor accidents and parking enforcement, as well as assisting with transportation of paperwork or property. This is expected to free sworn Officers to address more critical incidents, thus reducing the need for additional officers. This budget permits the Department to usefundingfromfour (4) existing full-time Police Officer vacancies. The Police Department and the Sheriff's Department both use the training facilities on Leroy Drive in Virginia Beach. These facilities, however, are now considered by those departments to be no longer conducive to providing the quality of training necessary for modern law enforcement agencies. The FY 2000- 01 CIP includes funding for Project #3-027 (Law Enforcement Training Academy). This Academy will be located at the old Seatack Elementary School, which is being leased to the City by the School Board. Council Lady Eure referenced the possibility of holding cells or night court at the Resort strip, Chief A. M. Jacocks advised the concept of a night court is appealing. The Second Precinct is in close proximity to the Resort strip and has a very capable holdingfacility, which staff utilizes all year long. Chief Jacocks was not certain there is a need to have temporary holding cells on the resort strip, as at some point the prisoners would have to be removed from there to a night court. In situations involving a large crowd, the Chief advised the Officers are encouraged to utilize discretion and common sense when confronted with a volatile situation. Concerning the minor violation, the Officers are advised to approach the individual when he/she leaves the crowd. Council Lady McClanan represents an area which encompasses some of the highest crime rates and these statistics have not been addressed directly. Some of the long-time residents express a strong tendency to relocate. Council Lady McClanan inquired if the Chief is willing to work specifically on addressing the direct reduction of some of these statistics in certain high crime rate census tracts. Chief Jacocks advised this is in the heart of community policing, which is present in a number of neighborhoods in Council Lady McClanan 's District. If a particular neighborhood is having a problem, the Police wish this communicated to them. Chief Jacocks will discuss these concerns with Council Lady McClanan. Council Lady McClanan also expressed concern that citizens are unable to read the street signs in her District, as they are covered with pollen and other debris. Chief Jacocks advised Councilman Branch recruiting is a major problem and not unique with this City. The general consensus appears this lack of recruitment is due to the good economy. High paying jobs do not require working nights and weekends, with exposure to danger and the elements. Working with Human Resources, the Police Department has been very aggressive in its recruitment efforts targeting colleges and military bases. In January, there were 800 applications for this next Police Academy class, which can accommodate approximately 35. The Police Department has gone through the first three phases of the screening process and are down to 55 individuals who comply with the standards. A recruiting brochure is distributed. There are 45 vacancies in the Police Department. In the last 18 years, the Police Department has only been at full strength for two weeks, during which time, two separate classes of the Academy were being conducted at the same time. There is a recommendation to increase the Police Recruit and the Police Officer level salary 7%. The entry level for a Recruit is $27,357. Chief Jacocks advised Council Lady Henley some Police Officers from the other precincts must be pulled in to establish the needed staffing at the Oceanfront during the Summer. This year five (5) Officers from the First Precinct, and six (6) from the Third and Fourth Precinct are being transferred to the Oceanfront. The Second Precinct is dedicating 15 of their Officers to the oceanfront. The School Resource Officers, except those at schools with Summer classes, will go to the Second Precinct. Relative Council Lady Parker's concern, Chief Jacocks referenced the Police Department works closely with Housing and Neighborhood Preservation. Protocols were issued to all the Precinct Commanders, which had been developed in conjunction with Housing and Neighborhood Preservation relative methods to address zoning and code violations. Chief Jacocks advised Councilman Branch, the Mounted Patrol is in a rentedfacility on Pleasant Ridge Road. The Department is still endeavoring to identify a permanent site. Within a few weeks, a final recommendation will be presented to City Council. April]1, 2000 - 11 - BUDGET WORKSHOP POLICE - LIBRARIES ITEM # 46468 (Continued) Andy Friedman, Housing and Neighborhood Presevation, wishes to discuss this "spot blight". Council Lady Parker referenced a concept for "Spring Break" utilized in Panama City, which has the co- operation of the Courts. The college students must do community service immediately upon misconduct. Chief Jacocks will discuss this concept with the Courts. Mayor Oberndorf advised Council Lady McClanan had suggested the concept of a night court approximately 15 years ago. Same was discussed with the Judges, who apparently did not concur with the concept. Council Lady Eure wished this matter be pursued again. Chief Jacocks identified Item #30 under Requested But Not Funded list as his priority: Replacement of rolling stock (approximately 14 police vehicles). These vehicles are projected to have about 101,000 miles by January 2001. The normal replacement mileage is 106,000. April 11, 2000 - 12- BUDGET WORKSHOP CONVENTION AND VISITOR DEVELOPMENT 12:18 P.M. ITEM # 46469 James B. Ricketts, Director - Convention and Visitor Development, advised the Department established a 31-member Committee to review the issues of the Pavilion expansion. This Committee is composed of the following subcommittees: Design Committee Community Awareness Committee Finance Committee Legislative Committee This has been a very open process with the press being invited to all meetings. Focus group studies and telephone surveys have been conducted. There is a great deal of support for this particular project. Price Waterhouse is redoing their feasibility study and the national architect from Atlanta is constructing a conceptual design and model of the facility. A draft report and recommendation will be presented to City Council in approximately two months. As a component to tourism development, the Department includes a Convention Marketing and Sale unit to sell Virginia Beach as a "convention and meeting" destination. As with the tourist industry, competition among localities for convention and trade show business remains fierce. Although the Pavilion is booked 80% of each year, the City must reinvest a portion of tax dollars into maintenance and possible future expansion of the facility to continue to attract convention and trade show business. The Capital Improvement Program includes fundingfor upkeep and maintenance of the Pavilion. Mayor Oberndorf referenced a telephone call from Councillor Alan Chambers in Northern Ireland, who advised Ron Kuhlman performed an excellent job in promoting tourism. They plan to work with him to make Virginia Beach a destination for tourism. After Bill Holland's retirement, Courtney Dyer has been officially appointed the Manager of the Pavilion. Mr. Ricketts advised they have not received one E-mail of concern relative the Dolphin Tank. Those are being forwarded to the Marine Science Museum. Two years ago, the Parking Management System was incorporated into the Department of Convention and Visitor Development and moved the Special Events operation under Henry Ruiz. The office locations have been fragmented with Special Events at the Pavilion and Mr. Ruiz in office space at 19th Street and Parks Avenue. An opportunity has presented itself on the samefloor of the office complex of Convention and Visitor Development. A firm is vacating their office space and they are under negotiation with Runnymede Corporation to determine if they can rent this space. An agreement has been reached and basically the additional square footing was 2511 square feet, which will amount to approximately $22.53 per square foot for the next five years. Nine personnel are recommended to be moved to this office complex. The Parking Systems Information staff would remain in Mr. Ruiz 's present building, until their lease expires. If the lease is consummated, additional funding in this current year would be a maximum of $2,646, which would be absorbed in the current budgetfor this year. The net impact to the General Fund over the next 5 years would be approximately $15,300 a year. At the same time, when Special Events vacates the Pavilion space, an agreement has been reached with the Virginia Beach Symphony Orchestra to rent space in the Pavilion, which would generate $9,600 a year. The Sports Marketing concept has resulted in great opportunity and growth. Events are booked and occurring throughout the City. Mr. Ricketts cited examples of events: AAU Middle School National Wrestling Championships is being conducted March 9-11, 2001-2002, Scholastic Wrestling Challenge Match, National Indoor Field Hockey, Women's Volley Ball Tournament, the AAU Boy's 12 and under National Basketball Championships., and currently in negotiation for an exhibition Tennis Contest The B each Street and Entertainment Programs have done well. This Department receives support from four (4) funding sources: General Fund, Tourism Growth and Investment Fund, Tourism Advertising Fund and Parking Enterprise Fund. The largest appropriation is through the Tourism Growth Investment Fund, TGIF, which provides fundingfor special events and for construction projects affecting the tourism industry. Aprilll, 2000 - 13- CITY MANAGER'S BRIEFING TAXICAB ORDINANCE 1 :00 P.M. ITEM # 46470 Assistant City Attorney Randall Blow, through the utilization of power point, presented information relative Amendment of Chapter 36, Article IV of the City Code pertaining to Taxicabs. In response to concerns raised by representatives of the taxicab industry regarding operation of taxicabs within the City, and in light of the fact that neither the City's taxi ordinance nor the procedure for issuing certificates of public convenience and necessity has been reviewed or revised in several years, representatives of the City Attorney's Office, the Department of Convention and Visitor Development, the Planning Department and the Police Department met on numerous occasions, beginning this past Fall, and conducted a comprehensive review of current laws and procedures governing the operation of taxicabs in the City. As a result of that review, a policy report has been prepared which recommends changes in the manner in which taxicabs are regulated and in the procedure for processing applications for certificates: 1. To streamline the process for review of applications for certificates of public convenience and necessity, it is recommended, one agency, the Police Department, be responsible for conducting and/or coordinating all phases of the application review process. Currently, the application review process involves the Commissioner of the Revenue, the Consumer Affairs Division of the Commonwealth's Attorney's Office, the Planing Department, the Police Department, and the Special Events and Film Office of the Department of Convention and Visitor Development. Under the current process, applicants are sent to numerous locations, which is not only time-consuming, but also confusing. Under the proposed process, several agencies will still be involved in the process, but the Police Department will be responsible for shepherding an application through the various City agencies. 2. To further streamline the process, and to relieve City Council of the burden of being involved in what essentially amounts to an administrative process, it is recommended the certificates of public convenience and necessity be issued directly by the Chief of Police. By comparison, in Norfolk, the City Council, is still involved in the application review/approval process, but in Henrico County, the Chief of Police reviews applications and issues certificates. 3 Clarify language in the City's taxi cab Ordinance, which prohibits taxicabs licensed in other localities from coming to Virginia Beach to pick up passengers. 4. It is recommended that, based upon current circumstances, there not be any limit placed on the number of taxicabs authorized to operate within the City. At the present time, 94 taxicabs have been authorized to operate in the City, while only 50 are in actual operation. Norfolk, with a population of only one-half the size of Virginia Beach, has set a limit of 250 on the number of taxicabs that may be operated in the City. 5. The City would discontinue local regulation of "for-hire cars" (i.e. limousines and executive sedan carriers). Pursuant to the State Code, unless such vehicles are operated "exclusively" in the City (which is not very often the case), they are "subject to the exclusive control, supervision and regulation by the Department of Motor Vehicles". Therefore, local regulation of limousines and executive sedan carriers is either not authorized or in the limited case of vehicles operated "exclusively" within the City, is duplicative at best. (The city will, however, continue to regulate the location of limousines and executive sedan carriers from a zoning standpoint). April 11, 2000 -14 - CITY MANAGER'S BRIEFING TAXICAB ORDINANCE ITEM # 46470 (Continued) 6. It is recommended that the rate a taxicab owner may charge for the first fraction of a mile be increased from $1.00 to $1. 75, and that the "gasoline surcharge" of$0.50 be eliminated. It is also recommended that the maximum rate for succeeding fractions of a mile be changed from $0.25 for each one-sixth of a mile to $0.20 for each one-eighth of a mile. This will result in a $0.25 increase in the base rate, and a $0.10 increase in the rate for each additional mile. This new rate will bring the City's rates more in line with those being charged in Chesapeake and Portsmouth as well as the rate being proposed by Norfolk. COMPARISON OF TAXI CAB RATES City Base Rate Trip of 1 Mile Trip of 5 Miles Trip of 10 Miles Virginia Beach $1.50 $ 2.75 $ 8.75 $ 16.25 (Currently) Virginia Beach $ 1.75 $ 3.15 $ 9.55 $ 17.55 (Proposed) Norfolk $1.55 $ 2.75 $ 8.35 $ 15.35 (Currently) Norfolk $ 1.74 $ 3.12 $ 9.56 $ 17.61 (Proposed) Chesapeake $ 1.85 $ 3.10 $ 9.10 $ 16.60 Portsmouth $1.85 $ 3.10 $ 9.10 $ 16.60 Mr. Blow advised Chesapeake and Portsmouth are considering the possibility of rate increases in the near future. Mr. Blow cited other factors contained within the proposed Ordinance: Insurance coverage for property damage be raised from $10,000 to $25,000 per accident. (Taxi-cabs have advised they are already carrying this limit of protection; therefore, their businesses will not be affected). Prohibition against cruising be removed. Cruising is an industry wide standard. Increase the ability of the Police Department to perform background checks on the owners and operators of taxicabs. A log of refusals for pickup shall be maintained and upon renewal of Certificates of Public Convenience and Necessity shall be examined regarding tendencies to refuse pickup resultingfrom geographic location. BY CONSENSUS of City Council, the taxicab rate increases shoJI be advertised for the City Council Session of April 25, 2000. This BRIEFING was MOVED AFTER THE REVIEW OF AGENDA ITEMS. April 11, 2000 - ]5 - AGENDA RE VIE W SESSION 12:48 P.M. ITEM # 46471 H] Ordinance to AMEND Section 2-72 of the City Code by ADDING two Alternate Members to the City's Personnel Board. Council Lady McClanan and Councilman Harrison expressed concern relative maintaining the City's Personnel Board at five (5) members. Vice Mayor Sessoms advised this Ordinance was the request of the Personnel Board. A listing of the Personnel Board reflecting their attendance was distributed by the City Clerk. The City Manager advised, concerning the number of appealed grievances, there is a problem having all five (5) Personnel Board Members in attendance for all Hearings. There has been frustration on behalf of some of the Board Members concerning continuance for a lack of a quorum. Council Lady Parker suggested increasing the size of the Personnel Board rather than just adding two alternative members. Assistant City Attorney Randy Blow advised attorneys have requested a continuance when there were only three Personnel Board Members in attendance. According to the Personnel Board's rules and regulations, if there are only four Board Members in attendance and the vote is 2 - 2, the termination of the employee is over-ruled. The employee retains the position. This works as a detriment to the City Attorney representing City Management as 75% must vote in favor to upheld the management's position. The proposed additional alternates would be oriented by a "mock hearing" to understand their responsibilities. If there were seven (7) members to be appointed, the ordinance could contain a requirement that five (5) members constitute a quorum. With the exception of quarterly meetings, the date of the Personnel Board meetings is "floating". Technically, the Personnel Board meetings are held within 30 days of the appeal by the employee. Because of conflicting schedules, this is not always a possibility. Assistant City Attorney Blow believed there is a better chance of attaining a full panel with the Alternates. Vice Mayor Sessoms requested the Director of Human Resources, provide further information and this Ordinance be DEFERRED INDEFINITELY. ITEM # 46472 H2.0rdinance to APPROPRIATE $23,000 from the Forfeited Asset Sharing Special Revenue Fund Balance to the FY 2000 Operating Budget of the Police Department re police equipment that offers alternatives to deadly force The Police Department has purchased two SA GE weapons for each of the four police precincts. The SWAT teams have two SA GE devices available to them for tactical deployments. The Police Department would like to obtain additional devices to increase their availability. MPO Ed Ambrose, Instructor for SAGE, demonstrated the SAGE SL 1 (Sage Launching I-shot). This devise is designed to be used as an alternative to protect an officer or citizen from an individual armed with a knife, club or some type of spray; or an unarmed person who could cause injury to the officer or citizen in a situation where use of the baton or cap stun spray would place the officer in an unsafe position. These devices are designed to temporarily incapacitate the individual. The projectile comes out 240 feet per second and delivers] 03 pounds of energy at ten feet. The projectile is composed of 77 grams of polyurethane. The primary target areas are the lower abdomen, upper thighs, back of the thighs, buttocks, lower arms, feet and calves. April]], 2000 - ]6- AGE N DA REV I E W S E S S ION ITEM # 46473 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: ORDINANCES H] Ordinance to AMEND Section 2-72 of the City Code by ADDING two Alternate Members to the City's Personnel Board. H2 Ordinance to APPROPRIATE $23,000from the Forfeited Asset Sharing Special Revenue Fund Balance to the FY 2000 Operating Budget of the Police Department re police equipment that offers alternativ~s to deadly force. H3 Ordinance to APPROPRIATE $]8,005from the Virginia Beach Library Gift Fund to the FY 2000 Operating Budget of the Department of Public Libraries re library materials and equipment at area libraries; and, estimated revenue from citizens and organizations be increased accordingly Item H]. will be DEFERRED INDEFINITELY, BY CONSENT. April]], 2000 - 17- AGENDA RE VIE W SESSION ITEM # 46474 1.1 Application of ROBERT D. ZIRPOLIfora Variance to Section 4.4(d) of the Subdivision Ordinance, which requires that all newly created lots must have direct access to a public street at 3424 Litchfield Road, containing 4 acres (LYNNHA VEN - DISTRICT 5 This item will be discussed during Formal Session. ITEM # 46475 1. 4 Application of BR UCE MIMRAN for a Conditional Use Permit for recreational and amusement facilities of an outdoor nature on Lots 7 through 22, Block B, Plat of Shamrock, on the north side of 15th Street extending between Atlantic Avenue and Pacific Avenue, containing 40,000 squarefeet (BEACH - DISTRICT 6) This item will be discussed during Formal Session. ITEM # 46476 1. 5 Application of SPRINT PCS for a Conditional Use Permit for a communications facilitv (flafl pole) at the northeast intersection of Diamond Springs Road and Northampton Boulevard (1300 Diamond Springs Road), containing 1, 742 square feet (BA YSIDE - DISTRICT 4) Council Lady McClanan will vote a VERBAL NAY on this item. ITEM # 46477 1.6 Application of HALE BOA TEL, INc., tfa Shore Drive Marine for a Conditional Use Permit for boat sales and small enfline repair at the northeast corner of Shore Drive and Roanoke Avenue on Lots 6, 7, 8 and 9, Block 26, Section B, Ocean Park, containing 26,189 square feet (BAYSIDE - DISTRICT 4) Councilman Jones has received several telephone calls from Civic Leagues. Councilman Jones has spoken with the applicant's Attorney, Edward Bourdon, and he has agreed to a DEFERRAL of this application until the first City Council Session in May (May 9, 2000). ITEM # 46478 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA. 1.2. Application of ALBERT W. JENSEN for a Variance to Section 4.4(b) of the Subdivision Ordinance, which requires that all newly created lots must meet all requirements of the City Zoning Ordinance (CZO) at the northeast corner of Bells Road and North Birdneck Road, containing 3.59 acres (BEACH - DISTRICT 6) 1.3. Application of CROWN COMMUNICATIONSfora Conditional Use Permit for an extension to an existing 250-foot monopole tower on the west side of Princess Anne Road at the intersection with Baxter Road (4901 Princess Anne Road), containing13.176 acres (KEMPSVILLE - DISTRICT 2) April 11, 2000 - 18- AGE N DA REV I E W S E S S ION ITEM # 46478 (Continued) 1. 5 Application of SPRINT PCS for a Conditional Use Permit for a communications facilitv (flag pole) at the northeast intersection of Diamond Springs Road and Northampton Boulevard (1300 Diamond Springs Road), containing 1, 742 square feet (BA YSIDE - DISTRICT 4) 1. 6 Application of HALE BOA TEL, INc., t/a Shore Drive Marine for a Conditional Use Permit for boat sales and small engine repair at the northeast corner of Shore Drive and Roanoke Avenue on Lots 6, 7, 8 and 9, Block 26, Section B, Ocean Park, containing 26,189 square feet (BA YSIDE - DISTRICT 4) 1. 7 Application of CITY OF VIRGINIA BEACH for a Change of Zoning District Classification from B-1 NeÙ!hborhood Business District, 0-1 Office District and AG-1 Agricultural District (Historic and Cultural District Overlay) to 0-2 Office District (Historic and Cultural District Overlay) 1 050 feet more or less northwest of the intersection of North Landing Road and West Neck Road, containing 13.11 acres, more or less (PRINCESS ANNE - DISTRICT 7) Council Lady McClanan will vote a VERBAL NAY on Item 1.5. Item 1. 6 will be DEFERRED, BY CONSENT, until the City Council Session of May 9, 2000. Aprilll, 2000 - ]9- ITEM # 46479 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, April]], 2000, at] :22 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, A. M. "Don" Weeks and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None April]], 2000 - 20- ITEM # 46480 Mayor Meyera E. Oberndorf, entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended,for the following purpose: PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To Wit: Boards and Commissions: Francis Land House Board of Governors Health Services Advisory Board Medical College of Hampton Roads Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council voted to proceed into CLOSED SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, IIL Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, A. M. "Don" Weeks and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None April 11, 2000 - 2] - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL April!!, 2000 2:00 P.M. Mayor Meyera E. Oberndorfcalled to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, April]], 2000, at 2:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, IlL Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don H Weeks Council Members Absent: None INVOCA TION: Reverend Robert E. Cooper Charity United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer ofWachovia Bank, disclosed there were no matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer ofWachovia Bank. The Vice Mayor regularly makes this Disclosure as he may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of January 4, 2000, is hereby made a part of the record. Aprilll, 2000 - 22- Item VI-E. CERTIFICATION OF CLOSED SESSION ITEM # 46481 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council CERTIFIED THE CLOSED 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 Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: John A. Baum, Margaret L. Eure, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III April 11, 2000 iRtønluttnu CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 46480, Page 20, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law, NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ~~ uth Hodges Smith, MMC City Clerk April 11,2000 - 23- Item VI-F.1. MINUTES ITEM # 46482 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of April 4, 2000. Voting: 9-0 Council Members Voting Aye: John A. Baum, Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Abstaining: William W. Harrison, Jr. Council Members Absent: Linwood O. Branch, III Councilman Harrison ABSTAINED, as he was absent due to illness during the City Council Session of April 4, 2000. April]], 2000 Item VI-G. ADOPT A GENDA FOR FORMAL SESSION BY CONSENSUS, City Council ADOPTED: - 24- ITEM # 46483 AGENDA FOR THE FORMAL SESSION April]], 2000 - 25 - Item VI-H. ORDINANCES ITEM # 46484 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Eure, City Council APPROVED IN ONE MOTION, ORDINANCES 1 (DEFERRED INDEFINITELY), 2 and 3 of the CONSENT AGENDA. Item 1 was DEFERRED INDEFINITELY, BY CONSENT. Voting: 10-0 Council Members Voting Aye: John A. Baum, Margaret L. Eure, William W Harrison, Jr., Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III Aprilll, 2000 - 26- Item VI-H.1. ORDINANCES ITEM # 46485 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Eure, City Council DEFERRED INDEFINITEL Y: Ordinance to AMEND Section 2-72 of the City Code by ADDING two Alternate Members to the City's Personnel Board. Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III Aprilll, 2000 - 27- Item VI-H.2. ORDINANCES ITEM # 46486 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Eure, City Council ADOPTED: Ordinance to APPROPRIA TE $23, 000 from the Forfeited Asset Sharing Special Revenue Fund Balance to the FY 2000 Operating Budget of the ,Police Department re police equipment that offers alternatives to deadly force Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Margaret L. Eure, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III April 11, 2000 10 11 12 13 14 15 16 17 1 2 3 4 5 AN ORDINANCE TO APPROPRIATE $23,000 FROM FUND BALANCE IN THE FORFEITED ASSET SHARING SPECIAL REVENUE FUND TO THE FY 2000 OPERATING BUDGET OF THE POLICE DEPARTMENT TO PURCHASE POLICE EQUIPMENT 6 WHEREAS, sufficient funds are available from the fund balance 7 of the Forfeited Asset Sharing Special Revenue Fund to allow for 8 the purchase of new police equipment, specifically less lethal 9 devices that offer alternatives to deadly force. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, That $23,000 is hereby appropriated from the fund balance in the Forfeited Asset Sharing Special Revenue Fund to the FY 2000 operating budget of the Police Department for the purchase of new police equipment that offers alternatives to deadly force. Adopted by the Council Virginia, on the ~lday of City of Virginia , 2000. Beach, of the April Requires an affirmative vote by a majority of the members of City Council. CA7659 F:\Data\ATY\Ordin\NONCODE\Lethal Device.ord April 5, 2000 R-2 APPROVED AS TO CONTENT: APPROVED SUFFICIENCY: AS LEGAL TO v¿c~ ~~~è .(j( City Attorney's ffice' - 28- Item VI-H.3. ORDINANCES ITEM # 46487 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Eure, City Council ADOPTED: Ordinance to APPROPRIA TE $]8,005 from the Virginia Beach Library Gift Fund to the FY 2000 Operating Budget of the Department of Public Libraries re library materials and equipment at area libraries; and, estimated revenue from citizens and organizations be increased accordingly. Voting: ] 0-0 (By Consent) Council Members Voting Aye: John A. Baum, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III April]], 2000 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 36 1 2 3 4 5 6 7 AN ORDINANCE TO APPROPRIATE $18,005 FROM THE VIRGINIA BEACH LIBRARY GIFT FUND TO THE FY 2000 OPERATING BUDGET OF THE DEPARTMENT OF PUBLIC LIBRARIES FOR THE PURPOSE OF PURCHASING LIBRARY MATERIALS AND EQUIPMENT AT AREA LIBRARIES 8 WHEREAS, the Virginia Beach Public Library has received 9 cash donations from citizens and organizations for the express purpose of providing additional library materials and equipment for library facilities throughout City, and funds are these the available in Virginia Gift Fund for Beach Library the appropriation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $18,005 in cash donations is hereby accepted and appropriated from the Virginia Beach Library Gift Fund to the FY 2000 Operating Budget of the Department of Libraries for the purpose of providing additional library materials and equipment at library facilities throughout the City. 2. That estimated revenue as a result of donations from citizens and organizations is hereby increased by $18,005. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 day of A~il , 2000. Requires an affirma ti ve vote by a maj ori ty of the members of City Council. CA7662 F:\Data\ATY\Ordin\NONCODE\library April 5, 2000 R-2 fundsl.ord Approved as to Content: Approved as to Legal Sufficiency: W~t, J Management Be Vi~ ~ ~ocf£il: Item VI-I. PLANNING 1. ROBERT D. ZIRPOLI 2. ALBERT W. JENSEN 3. CROWNCOMMUNICATIONS 4. BRUCEMIMRAN 5.SPRINTPCS 6. HALE BOA TEL, INc. 7. CITY OF VIRGINIA BEACH - 29- ITEM # 46488 PLANNING VARIANCE VARIANCE CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CHANGE OF ZONING April]], 2000 - 30- Item VI-I. PLANNING ITEM # 46489 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Eure, City Council APPROVED in ONE MOTION Items 2, 3, 5, 6 (DEFERRED) and 7 of the PLANNING BY CONSENT. Item 6 was DEFERRED UNTIL THE CITY COUNCIL SESSION OF MAY 9,2000, BY CONSENT. Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III Council Lady McClanan voted a VERBAL NAY on Item 5 (SPRINT). April 11, 2000 Item VI-LI. PLANNING - 31 - ITEM # 46490 Attorney R. J Nutter, 4425 Corporation Lane, Phone: 518-3214, represented the applicant, and distributed copies of Minutes of May 29, 1990 (Charles W. and Emily E. Groover), and June 25, 1990 (E & W Development Corporation), approved applications for Variances to the Subdivision Ordinance on Litchfield Road. Said information is hereby made a part of the record. Dr. John D. Clardy, 1005 Dunbar Cove, Phone: 833-0863 The following registered in OPPOSITION: Geraldine Mott, 3401 Litchfield Road, Phone: 463-0116, distributed photographs depicting a vehicles on the 25-foot private dirt road.. Charlene McKay, 3412 Litchfield Road, Phone: 433-8822 John McKay, 3412 Litchfield Road, Phone: 433-8822 John Ames, 3344 Litchfield Road, Phone: 340-5984 Upon motion by Councilman Jones, seconded by Councilman Branch, City Council APPROVED the Application of ROBERT D. ZIRPOLI for a Variance to Section 4. 4( d) of the Subdivision Ordinance, which requires that all newly created lots must have direct access to a public street. Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Robert D. Zirpoli. Property is located at 3424 Litchfield Road (GPIN #1489-70-9146). LYNNHA VEN - DISTRICT 5 The following conditions shall be required: 1. Both parcels must connect to public water and sewer. 2. A final plat shall be submitted to the Development Services Center for approval and recordation. 3. Both of the proposed parcels must be connected to Citv sewer bv the owners of the parcels prior to the issuance of anv building permit. A note to this effect must be included on the final plat. 4. Building envelopes for each of the proposed home sites shall be described on the final plat bv metes and bounds. While reconfiguration of the two proposed lots mav be permitted to provide for further consideration of vistas and existim! veJ!etation, no portion of anv development, on either site, shall encroach into the seaward 50-foot portion of the buffer. 5. The applicant shall clearlv mark the area outside the buildin~ envelopes as preservation areas. Land disturbance within the preservation area shall be limited to the pruning or removal of trees and understorv vegetation to provide for siJ!ht lines and vistas. as well as access paths to the water. 6. The applicant shall file and record in the Office of the Clerk of Circuit Court. Citv ofVir~inia Beach, an aJ!reement of covenants and conditions reflectin~ the terms and conditions of this variance and covenants for maintenance and protection of the aforesaid preservation area in such languaJ!e as shall be approved bv the City Attornev 's Office. Such a~reement shall be recorded to,?ether with a final subdivision plat and a certified copv of said a~reement shall be submitted to the Planning Department prior to the issuance of anv permits. 7. On-site Best Management Practices shall be required for all lots. April 11, 2000 Item VI-I.]. . PLANNING Voting: - 32- ITEM # 46490 (Continued) 8. A final site plan, for each of the proposed lots, shall be submitted to the Planning Department for a full plan of development review and approval prior to the issuance of a buildiml permit. 9. The applicant shall develop a resource protection area (RP A) that features a restoration plan for the seaward 50-foot portion of the buffer. The reQuired Restoration Plan must be submitted and approved bv Citv staff prior to final site plan approval. ] O. The applicant shall install all erosion control and tree protection devices and must contact Waterfront Inspections at 427-8246 for an inspection prior to anv further work includin~ clearin$!, ~radin$!, footin$! excavation, etc. ]]. The applicant shall meet with staff to develop limits of construction for all development activitv on the site. ]2. The Proposed turn-around depicted on the submitted plan must be a component of the final plan. The size and actual location of the turn around must be approved bv the Plannin$! Department. Best Mana$!ement Practices must be provided for this area of additional impervious cover. ]3 A note must be added on the final plat indicatin$! that no further subdivision of the propertv will be permitted without seeking approval from the Chesapeake Bav Preservation Area Review Board. 8-3 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Louis R. Jones, Reba S. McClanan and A. M. "Don" Weeks Council Members Absent: None April]], 2000 - 33- Item VI-I.2. PLANNING ITEM # 46490 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Eure, City Council APPROVED the application of ALBERT W. JENSEN for a Variance to Section 4. 4 (b) of the Subdivision Ordinance, which requires that all newly created lots must meet all requirements of the City Zoning Ordinance (CZO) Appeal to decisions of Administrative Officers in regard to certain elements of the Variance to Section 4.4(b) of the Subdivision Ordinance, Subdivision for Albert W Jensen. Property is located at the northeast corner of Bells Road and North Birdneck Road, containing 3.59 acres BEACH - DISTRICT 6. Voting: ] 0-0 (By Consent) Council Members Voting Aye: John A. Baum, Margaret L. Eure, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III April]], 2000 - 34- Item VI-I.3. PLANNING ITEM # 46491 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Eure, City Council ADOPTED the Ordinance upon application of CROWN COMMUNICA TIONS for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF CROWN COMMUNICATION FOR A CONDITIONAL USE PERMIT FOR AN EXTENSION OF AN EXISTING 150-FOOT MONOPOLE TOWER RO4003033 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Crown Communication for a Conditional Use Permit for an extension to an existing 250-foot monopole tower on the west side of Princess Anne Road at the intersection with Baxter Road (GPIN#1466-97-8336). Said parcel is located at 4901 Princess AnneRoad and contains13.176 acres KEMPSVILLE - DISTRICT 2. The following conditions shall be required: 1. The project must be developed as indicated on the submitted site plan and tower schematic,prepared for Crown Communications, by Lewis White and Associates, dated May 1998. 2. The newly proposed Triton communication antennas must be flush mounted as depicted on the submitted plans. 3. In the event that the tower is not used for a period of one year, it must be removed at the tower owner's expense. 4. The overall height of the proposed tower and antennas shall not exceed 162 feet. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh of April, Two Thousand Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III April 11, 2000 - 35 - Item VI-IA. PLANNING ITEM # 46492 Attorney R. Edward Bourdon, Jr., represented the applicant. Upon motion by Councilman Branch, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon Application of BRUCE MIMRAN for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF BRUCE MIMRAN FOR A CONDITIONAL USE PERMIT FOR RECREATIONAL AND AMUSEMENT FACILITIES OF AN OUTDOOR NA TURE RO4003034 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Bruce Mimran for a Conditional Use Permit for recreational and amusement facilities of an outdoor nature on Lots 7 through 22, Block B, Plat of Shamrock (GPIN #2427-16- 8417;#2427-16-9571). Parcel is located on the north side of 15th Street extending between Atlantic Avenue and Pacific Avenue, containing 40,000 square feet. (35,712 square feet devoted to the amusement facilities). BEACH - DISTRICT 6. The following conditions shall be required: 1. Site layout and landscaping shall substantially conform with the "Concept Plan of Amusement Park at 15th Street, Virginia Beach" prepared for Bruce Mimran by Porterfield Design Center, dated 1-16-00. Some alternation of ride configuration/pad dimensions may be permitted; however there shall be no reduction in the amount of site area devoted to landscaping and no reduction in the number of depicted trees and shrubs. Perimeter landscape beds shall be not less than four feet (4 J in width where depicted along the northern and southern property lines, and not less than five feet (5 J in width along the western property line. a. Prior to detailed site plan review, the applicant shall submit a plant list to the Planning Director for his or her review and comment. Shrubs shall consist of salt- resistant evergreen varieties with a mature height of not less than four feet (4J at the perimeter of the site, and not less than three feet (3 J within the park. The small deciduous trees shall be a salt-resistant variety in conformance with City of Virginia Beach Landscaping and Screening Standards. b. Dead or damaged plant material shall be replaced each season prior to reopening. 2. The depicted pedestrian walkways shall have a clear width of not less than twelve feet {12J. 3. The site shall be enclosed within a six-foot (6J white vinyl picket fence, with security gates of similar material at each park entrance and at the north end of the 20-foot alley. 4. An existing row of brick columns along the Atlantic Avenue frontage, a portion of the existing "colonnade ", shall be incorporated into the perimeter treatment; damaged portions of the brick face shall be cleaned and repaired to present a "like new" appearance, Existing rusted light fixtures and exposed wiring shall be removed from the colonnade structure. April 11, 2000 Item VI-I.4. PLANNING - 36- ITEM # 46492 (Continued) 5. The arched entryways on Atlantic Avenue and 15th Street shall be constructed with the design, materials, and colors depicted in the drawing entitled" Entry Arch/Sign Element, Virginia Beach Amusement Park at 15th Street ", prepared for Bruce Mimran by Porterfield Design Center, and dated 2-8-00. 6. The depicted "Game/Food Service" booths shallfeature peaked metal or canvas roofs in colors included in the pastel color scheme on file with the Planning Department. The exterior siding of the structure shall also be painted in compatible colors, and shall be maintained in "like new" condition. 7. Pavement treatment, as depicted in the referenced plans on file with the Planning Department, shall consist of colored asphalt, using a pastel color scheme. Worn or faded colors shall be refurbished at the beginning of each season. The pads beneath the rides shall be surfaced with colored pea gravel utilizing the submitted pastel color scheme, and shall be replaced and replenished as necessary to maintain a full ground cover. 8. Trash receptacles shall be emptied throughout the day to prevent overflow; the dumpster shall be maintained in the area annotated "storage" behind the souvenir shop, and the existing wooden fence shall be maintained in good condition. 9. Rides shall be dismantled for maintenance, refurbished on an annual basis, and shall be maintained with a "like new" appearance through repainting and replacement of worn, faded and unsightly elements. 10. There shall be no sound system on the site, with the exception of the music that is an integral part of two of the approved rides during their operation. I{there are anv complaints, the applicant shall comvlv with all facets of the noise Ordinance. 11. Prior to the installation of non-ornamental lighting, the applicant shall submit photos and specifications of the selected fixtures for approval by the Planning Director or his or her designee, to ensure compatibility with public outdoor lighting fixtures in the vicinity. All such lighting shall be directed inward and shielded to prevent glare to surrounding streets and properties. 12. 0111ame1ltttl liglttill!J ",minted ðn the rides shaH be ðf a lIðll b?illkÙl!J ðl ffflshillg '.ell iety. In the event that ornamental lightinf! mounted on the rides generates complaints from neighboring properties, regarding glare, lights shall be removed and/or dimmed as directed by the Zoning Administrator to maintain compatibility with nearby land uses. 13. Ornamental flags are permitted on the rides as depicted on the submitted plans, in colors compatible with the depicted pastel color scheme. 14. Sign age mounted upon the ride structures shall be limited to integral identification signs as depicted in the submitted photographs; however, as agreed by the applicant, the "Looping Star" sign shown rising above the roller coaster in the submitted photos shall not be erected. Other signage that may be visible off-site shall be limited to the identification signs depicted on the entry features and necessary directional signs within the park. April 11, 2000 - 37- Item VI-I.4. PLANNING ITEM # 46492 (Continued) 15. Hours of operation shall be 11 :00 a.m. until 11 :00 p.m. Monday through Thursday, 11:00 a.m. until midnight Friday and Saturday and 12:00 noon until 11 :00 p.m. Sunday. 16. Twenty-four hours per day, seven days per week on-site securi~y shall be provided by the applicant at all times that the rides are present on site. 17. This avvlication is subiect to administrative review after five (5) vears to assure that all conditions are properlv adhered to. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh of April, Two Thousand Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, IIL Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M "Don" Weeks Council Members Voting Nay: None Council Members Absent: None April 11, 2000 - 38- Item VI-I.5. PLANNING ITEM # 46493 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Eure, City Council ADOPTED an Ordinance upon Application of SPRINT PCS for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF SPRINT PCS FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATIONS FACILITY (FLAG POLE) RO4003035 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of SPRINT PCSfor a Conditional Use Permit for a communications facilitv (flaf! vole) at the northeast intersection of Diamond Springs Road and Northampton Boulevard (GPIN #1469-11- 6333). Said parcel is located at 1300 Diamond Springs Road and contains 1,742 square feet. BAYSIDE - DISTRICT 4. The following conditions shall be required: 1. The project must be developed as indicated on the submitted site plan, and renderings prepared for Sprint PCS, by Lewis White and Associates, dated January 18, 2000. 2. A note shall be included on the final plans indicating that, if requested, the applicant or the entity owning the tower, will provide for co-location for a least one additional provider. 3. In the event that the tower is not used for a period of one year, it must be removed at the tower owner's expense. 4. The overall height of the proposed tower/pole shall not exceed 106 feet. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh of Avril. Two Thousand Voting: 9-1(By Consent) Council Members Voting Aye: John A. Baum, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M "Don" Weeks Council Members Voting Nay: Reba S. McClanan Council Members Absent: Linwood O. Branch, III April 11, 2000 - 39- Item VI-L 6. PLANNING ITEM # 46494 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Eure, City Council DEFERRED UNTIL THE CITY COUNCIL SESSION OF MAY 9,2000, Ordinance upon Application of HALE BOA TEL, INc., t/a Shore Drive Marine for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF HALE BOA TEL, INc. FOR A CONDITIONAL USE PERMIT FOR BOAT SALES AND SMALL ENGINE REPAIR Ordinance upon application of Hale Boatel, Inc. for a Conditional Use Permit for boat sales and small en~ine repair at the northeast corner of Shore Drive and Roanoke Avenue on Lots 6, 7, 8 and 9, Block 26, Section B, Ocean Park (GPIN #1489-39-9001). Said parcel contains 26,189 square feet. BA YSIDE - DISTRICT 4. Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Margaret L. Eure, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III April 11, 2000 - 40- Item VI-L 7. PLANNING ITEM # 46495 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Eure, City Council ADOPTED an Ordinance upon Application of CITY OF VIRGINIA BEACH for a Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA BEACH FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-1, 0-1 ANDAG-1 TO 0-2 Z04001163 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of the City of Virginia Beach for a Change of Zoning District Classification from B-1 Neif!hborhood Business District, 0-1 Office District and AG-1 Af!ricultural District (Historic and Cultural District Overlay) to 0-2 Office District (Historic and Cultural District Overlay) on certain property located 1050 feet more or less northwest of the intersection of North Landing Road and West Neck Road GPIN#1494- 61-6856; #1494-51-6777). The proposed zoning classification change to 0-2 is for office and related land use. The Comprehensive Plan recommends use of this parcel for government facilities consistent with the recommendation of the Princess Anne Corridor Concept Plan and other Plan policies. Said parcel contains 13.11 acres, more or less. PRINCESS ANNE - DISTRICT 7 This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh of Avril, Two Thousand Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood 0. Branch, III April 11, 2000 Item VI-J.l. APPOINTMENTS - 4] - ITEM # 46496 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: FRANCIS LAND HOUSE BOARD OF GOVERNORS HEALTH SERVICES ADVISORY BOARD April]], 2000 - 42- Item VI-J.2. APPOINTMENTS ITEM # 46497 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: Edward L. Hamm, Jr. 3-Year Term 6/1/2000 - 5/31/2003 MEDICAL COLLEGE OF HAMPTON ROADS April 11, 2000 Item VI-K.l. - 43- UNFINISHED BUSINESS ITEM # 46498 BY CONSENSUS, City Council: CANCELED THE CITY COUNCIL SESSION OF MA Y 2, 2000, DUE TO THE COUNCILMANIC ELECTION. April]], 2000 - 44- Item VI-M. ADJOURNMENT ITEM # 46499 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 4:03 P.M. (4~---{2~~-~~';; Beverly O. Hooks, CMC Chief Deputy City Clerk í2~~ ~dgeS Smith, MMC City Clerk ---------------------------- ----- Meyera E. Oberndorf Mayor City of Virginia Beach Virginia April 11, 2000