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Home My WebLink AboutMARCH 9, 1999 MINUTESo! %/ir~r~ia L~eac~ "WORLD'S LARGEST RESORT CITY" CiTY COUNCIL M4YOR tfEiERA E OBERYDORF Al Lur.qe ~1¢ E ~fAYOIt ~ILLIAM D $E$S0~S JR A; ~r~e U,%~OOD 0 BRANCH III D~slru I ~ Brat k MARGAR~ L EURE. Dmrwl I Crnl~ HARO~ HEISCHOSER Al B4RBARA At IIENLEY Dnlr,~l ? Prmct~ LO~I5 R JONE~ D~;Irwl 4 REBA S M~ C~NAN Dmr~ I J R,,;r Ilull N4 VCY K PARKER Al ~rRe A M IDON~ WEEKS Ds~lr. 12 Ke~psvdle JAMES K SPORE C~ly Man,,Iter LESLIE L LILLEY Csty Attorney RUTll HODGE$ SMITH C~4CtAAE Csty Clerk CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEA~'dI WR~INIA 2J456 PIIONF LMAIL ~YCNCI~CITY VIRGINIA BFACII vA 09 March 1999 I. CITY COUNCIL BRIEFINGS - Conference Room - 10:00 AM A. LEGENDS WALK CONCEPT and UPDATE Scan Brickell, Brickell & Associates B. C. 1999 BEACH EVENTS PROGRAM Bobby Melatti, Cellar Door HOLIDAY LIGHTS PAST, PRESENT and FUTURE Bobby Melatti, Cellar Door II. CITY MANAGER'S BRIEFINGS A. B. 1998 STRIVING FOR EXCELLENCE/VIRGINIA BEACH: A QUALITY ORGANIZATION Gwen Cowart, Director, Video Servmes VIRGINIA MARINE SCIENCE MUSEUM PHASE III C. Mac Rawls, Director, Museums III. REVIEW OF AGENDA ITEMS IV. CITY COUNCIL COMMENTS V. INFORMAL SESSION - Conference Room - 12:30 PM A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION VI. FORMAL SESSION - Council Chamber- 2:00 PM A. CALL TO ORDER- Mayor Meyera E. Oberndorf B. INVOCATION: The Reverend James R. Wolfcale Atlantic Shores Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS 02 March 1999 G. AGENDA FOR FORMAL SESSION The Consent Agenda will be determined during the Agenda Review Session and considered tn the or&nary course of business by Ctty Councd to be enacted by one motion. H. ORDINANCES/RESOLUTION Ordinance re public rights-of-way use fee, as authorized in the Virginia Code, Section 56- 468.1, as compensation by prowders of local exchange telephone service with a dedicated funding to the Schools Instructional Technology Special Revenue fund, effective 1 July 1999. , Ordinance to AMEND the Capital Budget by establishing the 31't Street Development Project Site Acquisition (CIP #9-013); TRANSFER $2,023,000 from Beach Erosion Control and Hurricane Protection (CIP #9-704) to CIP #9-013; and, provide these funds to the Virginia Beach Development Authority to acquire a parcel of land currently owned by S.A.S. Oceanfront Associates. The proceeds from any future sale, use or lease of the property by the Development Authority, less development costs, shall be remitted to the City. , Resolution to request the Tidewater Transportation District Commission (TTDC)defer further expenditures re the Light Rail Project until Virginia Beach citizens express their approval of the development and financing of the project at an Advisory Referendum to be held in November 1999. (Sponsored by Councilman A. M. "Don" Weeks) 3. License Refunds: $6,268.87 I. PUBLIC HEARING- PLANNING PLANNING BY CONSENT - To be determined during the Agenda Review Session. . Application of EDWARD O. "TED" YODER for the discontinuance, closure and abandonment of a portion of Holly Road, beginning at the Northern boundary of Bay Colony Drive running Northwesterly 284.01 feet, containing 12,405 square feet (BEACH- DISTRICT 6). Recommendation: APPROVAL . Application of GREENWOOD ASSOCIATES, LLC for a Variance to Section 4.4Co) of the Subdivision Ordinance re newly created lots must meet all requirements of the City Zoning Ordinance (CZO) on the East side of Holland Road, 284 feet South of Saville Garden Way (PRINCESS ANNE - DISTRICT 7). Recommendation: APPROVAL . Application of DOCKERY, JR. and MILDRED LAMBERT for a Conditional Use Permit for a cemetery, columbanum, crematory and mausoleum on the North side of Indian River Road beginning 1500 feet East of Riddick Lane, containing24.55 acres (PRINCESS ANNE- DISTRICT 7). Recommendation: APPROVAL , Application of BETH SHOLOM TERRACE for a Conditional Use Permit for an assisted living facili _ty at the Southwest intersection of Auburn Drive and College Park Boulevard (6401 Auburn Drive), containing 6.131 acres (CENTERVILLE - DISTRICT 1). Recommendation: APPROVAL e Application of GRACE ARZILLO for a Conditional Use Permit for a home occupation {day care) on Lot 40, Block O, Section Two, Part Three, Charlestowne (1813 Roves Lane), containing approximately 17,000 square feet (CENTERVILLE - DISTRICT 1). Recommendation: APPROVAL . Application of Z-I COMMERCIAL PROPERTIES, LLC, for a Change of Zoning District Classification fi.om I-1 Light Industrial District to Conditional B-2 Community Business District at 820, 830 and 840 South Military Highway and 6404 Indian River Road, containing approximately 4.2 acres (CENTERVILLE - DISTRICT 1). Recommendation: APPROVAL J. APPOINTMENTS EROSION COMMISSION PARKS AND REC~ATION COMMISSION K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT FY 1999-2000 OPERATING BUDGET & C I P SCHEDULE DATE EVENT TIME LOCATION Tuesday, March 30 Presentation of Budget/CIP Noon Council Chambers Tuesday, April 6 Workshop 10 AM - Noon Council Conference Room Tuesday, April 13 Workshop 10 AM - Noon Council Conference Room Thursday, April 15 Public Hearing 7 PM Princess Anne High School Tuesday, April 20 Workshop 4 PM - 6 PM Council Conference Room Tuesday, April 27 Workshop 3 PM - 5 PM Council Conference Room Tuesday, May 4 Workshop 10 AM - Noon Council Conference Room Tuesday, May 4 Public Hearing 2 PM Council Chambers Thursday, May 6 Reconciliation Workshop 3 PM - 5 PM Council Conference Room 2 PM Council Chambers Tuesday, May 11 Adoption of FY 1999-2000 Operating Budget & Capital Program If you are physically disabled or visually Impaired and need assistance at tMs meeting, please call the CITY CLERK'S OFFICE at 4274303 Hearing impaired, call TDD only 4274305 (TDD - Telephomc Device for the Deaf) ,0,~ OUR NA'~0'~ MINUTES VIRGINIA BEACH CITY COUNCIL V~rg~n~a Beach, V~rg~n~a March 9, 1999 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFINGS in the Counctl Conference Room, Ctty Hall Butldmg, on March 9, 1999, at 10 O0 A M Councd Members Present Ltnwood 0 Branch, III, Margaret L Eure, Harold Hetschober, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker and A M "Don" Weeks Counctl Members Absent' Vtce Mayor Wtlliam D. Sessoms Wdham W Harrtson, Jr [Family Vacatton] [ENTERED 10:10 A.M] Barbara M Henley [ENTERED 10 05 A M] -2- CITY MANA GER 'S BRIEFING 1998 STRIVING FOR EXCELLENCE VIRGINIA BEA CH: A QUALITY OR GANIZA TION 10:03 A.M. ITEM # 44713 Gwen Cowart, Director- Vtdeo Servtces, wtth the utthzatton of slides, presented the 1998 STRIVING FOR EXCELLENCE REPORT. As the City's Mission Statement clearly proclatms "The Ctty of Vtrgtnta Beach extsts to enhance the phystcal, social, economtc and educattonal quahty of the communtty, and, to dehver quahty services valued by our cittzens" Thts report tilustrates both the nature and the value of the organizational efforts undertaken to conttnuaily tmprove our organtzattonal processes, meet the challenges of the future and increase the Ctty's capactty to dehver quahty servtces The report has acttvtttes that occurred in the organizatton tn the Calendar Year 1998 The tntttattves were both large and small The scope and vartety of tntttattves found tn the report demonstrate the producttve, effictent and cost effecttve approaches the organtzatton's members are taktng toward thetr work The combined efforts of departments and teams resulted tn savings of over $7.5-MILLION in City funds with an additional $4.7-MILLIONin costs successfully avoided. New revenues, grants and fund raising efforts generated more than $5.4- MILLION. PRO-ACTIVE LOBBYING EFFORTS FOR FEDERAL FUNDING FOR VITAL CITY A CTIVITIES Hurricane Protectton ProJect Annual "Truck Haul" Project for beach nourtshment Dredgtng of Rudee Inlet Southeastern Parkway & Greenbelt $18 - MILLION $ 1 4 - MILLION $ 980,000 $ 7 - MILLION INTERGOVERNMENTAL RELATIONS A T THE STATE AND REGIONAL LEVEL VMSM Fun&ng Increase and Rudee Inlet Study $1 1 - MILLION TEAM APPROACH TO MAJOR ECONOMIC DEVELOPMENT PROJECTS GEICO ProJect $100 - MILLION posttive tmpact on the Hampton Roads economy L YNNHA VEN MALL expanston Pubhc/Prtvate Partnershtp $11 5 - MILLION Tax Increment Ftnanctng in infrastructure improvements Mrs Cowart advised the nature of the initiatives 195 Service Enhancements through improved customer service; 93 Service Enhancements through increased productivity; 117 Process Improvements and 52 Technology Improvements implemented. Virginia Beach has a de&cated corps of ctttzen volunteers who have taken an acttvepart tn their government and serve their communtty by partnertng wtth Ctty staff to provide muntctpal servtces In 1997/98, a total of l O, 418 volunteers donated nearly 1.6-MILLION hours of service (equivalent to 766full time positions) valued at $17.3-MILLION. Mrs Cowart referenced the 1998 Highlights. In the following section, quahty and producttvtty tntttattves have been selected to highlight results tn the Core Strategy Areas. Core Strategies are those whtch are applied to all situattons and may be used as gut&ng prtnciples, key ideas or simply a way to do business They are designed to help us achteve all of our goals and outcomes for the Ctty of Virginia Beach and our government organtzatton. The first involved applytng Systems Thinking. Multtple examples were utthzed tn thts sectton Mrs. Cowart ctted the Bereavement Manuals created by the Department of Emergency Me&cai Servtces Rescue squad crews routinely respond to cases where a pattent has &ed at home These sttuattons are stressful for famthes and volunteers ahke Often there are no advanceplans or support systems estabhshed A spectal bereavement booklet was created for these famthes whtch contains tnformatton on maktngfuneral arrangements, handling the grtevtngprocess and a support group resource hsts The booklet was destgned by department staff and prtnted ustng $500 tn donated funds March 9, 1999 -3- CITY M/IN/I GER 'S BRIEFING 1998 STRIVING FOR EXCELLENCE VIR GINI/I BEA CH: A Q U/ILITY OR G/INIZ/I TION ITEM # 44713 (Continued) Copies were stocked on every ambulance tn the City. Relative /ichieving Multiple Outcomes, one of the best examples ts the Relocation of 156 F//I 18/iircraft to Oceana. Thts not only assures the.[uture of Oceana, but ts also bringtngjobs to the region whtch pay an average of $6,000 more than the average per captta salary tn Hampton Roads Concerning Taking a Long Term View, an example was Initiatives with City Public Schools for improved Customer Service initiated by the General Registrar This program provtdes access to more in-depth tnformatton about the 1998 elections tn connection with the Vtrgtnta Beach Ctty Publtc School's Coordtnator for Secondary Social Studtes. Informatton was distributed to all high school government teachers for the May and November 1998 General Elections Feedback surveys wtth government teachers found the materials were very useful tn the school program and created a desire for addtttonal pieces Relative Being Pro-/ictive and preventtng problems, Mrs Cowart ctted the example of Immunization Parent Education Program. Virginia Beach Health Partners ts a coalttton formed to examtne health problems and coordinate resources to benefit the health of the citizens of Virginta Beach Members tnclude representatives from the .4mertcan Cancer Soctety, the Beach Health Cltntc, Health matntenance organtzattons, hospitals, physictans 's offices, health systems, the Vtrginta Beach Department of Publtc Health, the Untted States Navy, bustnesses, the Eastern Virgtnta Medtcal School, Ctty Counctl Members, ClVlC organtzattons and concerned ctttzens. Butldtng on a very successful provtder education program, the coahtton dectded to address parent education regarding immuntzattons Worktng wtth the three Health Matntenance Organizations servicing residents of Vtrgtnta Beach, a community-based project focustng on tncreastng childhood immunization rates was developed. The program tncludes educattonal matertals about childhood tmmunization schedules, schedule reminders and tncentives .4 projectproposal was written and a request for funding through Partners for Healthy Communities was prepared. Funding was approved for $10,000 to provide the program The members of the coalitton agreed to provide $7,906 50 tn-ktnd contrtbuttons to accompltsh the goals of the program One of the examples of Creating an .4ccurate, Postttve Communtty Image ts the work of the Professtonal Support Development Team Inpartnershtp wtth the Pubhc Utilittes .4dmtmstrattve Support Group (ASG), the Professtonal Support Development Team (PSDT) submttted an applicatton to Office Dynamics, Ltd, for the Rising Stars/iward outhmng the team 's growth and accomphshments The award was presented at the Ftfth .4nnual Nattonal Counctl of Office Professtonals Forum Concerning Dialogue, Relationships, Partnerships, the example tllustrated ts a partnership between the Ctty and Schools, both professtonals and students There are student tnterns who gatn work expertence through thts program and ctty and schools benefit by thetr creattvtty and talent These students destgn and prepare content on a large number of Ctty and School web sites. Diversity was exemplified by the Human Rights Commission Forum on Graffiti/Vandalism whtch occurred after the incident on the 4th of July weekend Stewardship was exhtbtted through the Recycling Pesticide Containers Program by the Department of .4griculture Vtrgtnta Beach farmers and pest control extermtnators chscard thousands of pesttcide containers each year 4-H members collect and recycle agrtculture pesttctde containers ehmtnating the envtronmental hazards and promottng stewardship of the ctty's land and water. ,4 Quality/ipproach was clearly demonstrated by the Oceana Widening Project The quahty contracttng method employed reduced the expected constructton from 12 to 4 months Thts report wtll be made available to all members of the organtzatton tn order to learn from each other and duphcate successes The enttre report wtll also be &splayed on the Internet Overvtew reports wtll be marled, conststtng of the Executtve Summary, Ftnanctal Results and Highhght Sectton to business and clvtc leaders throughout the commumty .4follow-up survey wtll be conducted randomly tn June wtth some members to determtne how the reports are uttltzed and t. f there are ways to make this report more useful Thts report wtll also be shared with the other municipahties in the area The local media wtll be contacted. The content of the report ts good news The public needs to be aware the mumctpal government ts working to provtde quahty, effective service Indivtdual inttiatives wtll be pulled from the report and submitted to specific industrial publicattons t e. Volunteer Positions Value Plan. Thts plan will be submitted to the International /issociation of Volunteers Journal The City's Replacement Computer will be submttted to the Government Computer News. Mayor Oberndorf referenced the groundbreaktng for the Philippine/imerican Cultural Center. The contractor extended apprectation for the response from the Planning Department concermng the filtng of plans or the necessttyfor an tnspector. The request ts typed tnto one 's computer and goes chrectly tnto the Ctty's computer system Other cities are trytng to emulate the system estabhshed tn Vtrgtnta Beach March 9, 1999 -4- CITY COUNCIL BRIEFING LEGENDS WALK CONCEPT AND UPDATE 10:18 A.M. ITEM # 44713 Jtm Rtcketts, Dtrector of Convention and Visitor Development, advised Bobby Melattt - Cellar Door, presented htm wtth a concept relattve estabhshing a Legends Walk honoring Vtrgtntans who made a stgnificant contrtbution to etther the State or Natron The 13th Street Park is betng constdered as a location to establish this Park as the Legends Walk Mr Ricketts tntroduced Sean Brtckell- Brtckell and Assoctates Mr. Brickell advised since the intttal concept, there have been two vtsits to R/IC whtch assisted tn defimng the project and they gave received unanimous approval The best location was determined to be 13'h Street Park Langley and McDonald donated its destgn servtces to asstst There wtH be a sertes of ktosks triangular tn shape and approximately 9feet tall, located throughout the park. On each side there wtll be three legends listed These would be lit at the top. The stze of the green wtth gold marble was illustrated There would be a state-wtdepubltctty campatgn to tnvtte nominations To qualtfy as a candidate, one would need to be born tn Virgtnta, if not born tn Vtrginta, one would have had to reside tn Vtrgtnta where the most notable accomphshments were achteved and the accomplishments must be national or global tn tmportance. The selection would be made through approximately 625 tn&viduals (&rectors of htstortcal soctettes, museums, public and college hbrartes, college presidents, managtng editors of newspapers, TV news &rectors). This function wold be introduced tn early July Mr Brtckell tntroduced Mr Douglas P Garland, SPRINT PCS Area Vice Prestdent of Vtrginta and North Caroltna Mr. Garland advised Vtrgtnta is very important to Sprint PCS The Nation began here tn Virginia Beach Wtth the launch of the Sprtnt Network in Vtrgtnta Beach, Sprtnt is completing tts nattonal network Mr Garland ts a former student at Kemps Lan&ng. Elementary School. Sprint has invested over $148- MILLION in Virginia to build the network. Engtneertng offices were opened tn Vtrgtnta Beach Very recently, sales offices were opened on Lynnhaven Parkway and soon a store wtll be opened across from Princess Anne Htgh School. Sprint wishes to be a responsible member of the local community At Sprint, nothing ts more tmportant than education. Sprint belteved the Legends Walk will be a fantasttc program tn whlch to become tnvolved. Sprtnt presented a facsimile check for $25,000 to asstst tn underwrtting some of the start-up costs and to become the exclusive corporate sponsor for the Legends Walk Mr. Rtcketts advtsed the total cost: Preparation of 13tn Street Park Langley and McDonald (tn ktnd) McKenzie Constructton (in ktnd) Admiral Sign Company (tn ktnd) $55,000 $10,000 $ 9,000 $1,000 Bobby Melattt ts not chargtng any administrative fees Therefore, the cost wtll not exceed $55,000 Thts cost ts recommended to be derived from the Tourism Growth and lnvestment Fund (TGIF) The $25,000 donatton from Sprmt wtll encompass the costs of the names and the marble. There should be 24 names the first year Sprtnt will be recognized by a plaque. Mr. Rtcketts anttctpates the Park betng ready by July Ftrst Mr Brickell referenced Voices of Virginia In terms of tn kind services, Sprint ts donattng much more than the $25,000 Sprtnt ts investigating doing a star and a sequence of numbers on the telephones whtch would be for each of the 24 Legends These phones would be located on Atlantic Avenue, as well as tn the Park A 2 mtnute vtgnette would be presented on each legend The Governor's wtfe ts very eager to attend and requested an official tnvttatton to the dechcatton March 9, 1999 -5- CITY COUNCIL BRIEFING 1999 BEACH EVENTS 10:31 A.M. ITEM # 44714 Bobby Melatti- Cellar Door, wtth the utthzatton ora video, presented a short synopsts of the 1999 BEACH EVENTS PROGRAM. Beach Events, with the cooperation of the Vtrgtma Beach Hotel/Motel Assoctattons, the Resort Leadershtp Counctl, the Resort Area Advtsory Commtsston and the Vtrgtnta Beach Restaurant Association orgamzed and scheduled current and future events Beach Events ts dedicated to creating, planntng, productng and promottng memorable and valued events Stnce 1995, Beach Events has successfully deltvered top qualtty, top name entertatners and performances spanmng every spectrum and format. In response to an tntttative by the Resort Leadershtp Counctl, Beach Events aided tn the development and executed a new ptlot program known as Beach Street USA. Every evemng between 8 O0 P M. and MIDNIGHT, the heart of Atlanttc Avenue was transformed tnto a Mar& Gras partyfeaturtng the famous Busch Gardens Boogte Band Beach Events has been successful in generattng mtlltons tn publtctty on a national level. Damelle Batdo~ Assoctate Director and Markettng Speciahst- Beach Events, &strtbutedpackets tncludtng the video and the 1999 Beach Events program The Big Shows encompasses 17 major events held at the Resort Area. They are all famtly oriented. Out of those 17 events, four of those are ttcketed Moto Cross Event, Pontiac-GMC American Music Festival, Monsters on the Beach and Holiday Lights at the Beach The new events thts year are May 15-16 Taste of Beachstreet - "A Commotion at the Ocean!" April 16 - 18 Moto X Madness The second event ts General Entertatnment and that encompasses the June, July andAugustprograms There are two programs: Boardwalk Kaleidoscope and Showtime at the Beach. Boardwalk Kaletdoscope ts everyday from 4 O0 P.M. to 7 O0 P.M Spectrum Puppets contracts out. There are street performers all along the Boardwalk from Second Street to 38th Street Showtime at the Beach ts the ntghtly entertatnment from 7 O0 P M to 9:30 P M encompasstngfour weeks of plays tn July and there will be a national magtctan for four weeks in August During the weekdays, movtes are shown and ntghtly entertatnment has musictans Sponsorship of Beach Events programming tnclude such destrable benefits as Exclusivity: Exclusive sponsorship opportuntttes are available for a premtum. Beach Events reserves the right to reserve category exclustvtty and event endorsement to reserved sponsors. Hospitality: Each mdtvidual sponsorship package can tnclude hospttahty opportuntttes vatted by the degree of sponsorship. Product Sampling: Sponsors are given the first rtght to sell, sample and merchandise thetr product or servtce Beach Events maintatns the right to solicit, select and grant concesston asstgnments on-stte. Extended Sponsorship: Beach Events values long term partnershtps wtth thetr sponsors We encourage expended contracts, but short term partnershtps are available Sponsorship Opportunities' Sponsorshtp opportumties range from Tttle to On-site. A wide range of customtzed sponsorship opportuntttes are avatlable upon request. Previous sponsors include. Budweiser, GTE Wireless, Next Generatton Network, Ponttac, I/PS, (scaffolding), Hall Auto World, Anheuser Busch, Mdler Brewing Company, USAtr, Chtck-Ftl-A, Applebees, Cox Communtcattons, Hannaford Brothers, Jack &Jtll Ice Cream, Blockbuster Music, the Vtrgtntan Ptlot, AT & T, Newport, Massanutten Skt Resorts and Farm Fresh. Totalprovtdedfrom sponsorship tn cash and trade was over $1.2-MILLION. The trade outweighs the cash incenttve as mecha costs are so htgh Sponsors for 1999 have been confirmed. Pontiac and GMC have joined forces to supplement the Ponttca Amertcan Music Festtval ($ 75, 000), the Next Generation Network has come on board for $20,000, which ts an increase from the prevtous year, Gutnnts Beer - $5,000, Hoffman Beverage - $20,000 and GTE Wtreless- $12,000 March 9, 1999 -6- CITY COUNCIL BRIEFING HOLIDAY LIGHTS, PAST, PRESENT AND FUTURE 11:10 A.M. ITEM # 44715 Bobby Melattt - Cellar Door, advised his favorite component of all the programs is Holiday Lights at the Beach and he started out by erecttng many of the &splays himself With the utthzatton of an audio vtsual, he &splayed the sources of tncome Door Sales $293,168 Corporate Ticket Sales $14,564 Sponsorship Income $ 8,361 TGIF Operating Loan $ 80,000 Interest $ 626 Vending Fees $ 1,634 The TGIF portion is an operattng loan which ts tncurred each and every year. Ortgtnally $750,000 was loaned by the City and to-date $423,000 is owed In the first three years of operattons, $55,000 of new displays were purchased each year. Last year, this amount was reduced to $33,000 tn an endeavor to repay TGIF By stmply rearranging the displays, a new look ts achteved. Btllboard adverttsmg has been reduced The one expense whtch wtll be seen more tn future years ts refurbishing. Carpenter Decorattng tnttially sold the dtsplays and have agreed to refurbish same at a reducedprtce The salt air ts causttc to the hfe of these &splays and much ttme and effort ts uttltzed tn matntatntng the &splays Mr. Melattt ctted a graph whtch &splays how the Holiday Lights ts able to return the money to the City 'WHERE THE MONEY GOES" Advertising $ 25,692 Administration $ 6L544 Production $116,117 Maintenance $ 11,000 Storage $ 19,000 Repayment $12 7, 975 Refurbishing $ 3,500 New Displays $ 33,000 Mr. Melattt referenced the graph deptcttng tickets soM per year at the various hght shows Holiday Lights, Garden of Lights, Strawberry Hill and Newport News. With the assistance of Robert Matthias, Assistant to the Ctty Manager, Beach Events has been granted permtssion for the Holiday Lights to be held at Camp Pendleton. Camp Pendleton was selected over other locattons as tt ts as close to the Oceanfront as posstble. The rent at this factltty wtll be approxtmately $15,000 This locatton wtll assist the business commumty After a year when the Seawall ts completed, the Lights wtll move back to the Boardwalk Holiday Lights wouM not be feasible at the Amphitheater location Mr. Melattt believes it ts a correct assumptton that bustness wdl decrease with the locatton at Camp Pendleton. Assurance has been recetved from Chtc-Fil-A, and Seattle Expresso that they will retatn their sponsorship. $22 7,500 is projected to be the income generated There are a group ofhtghhghted expenses whtch would not normally appear; however, because of the electrtcal sttuatton at the Camp Pendleton Reservation, provtstons must be made for that one year. To offset thts expense, new &splays wtll not be purchased The entertatnment tax, whtch ts part of the repayment to TGIF, ts $19,500 Cellar Door beheves they wtll be close to brealang even. Council's guidance is requested as to whether Cellar Door should do nothing and just pay the $33, O00 for the Ltghts on the street (tncludes $1850 to VEPCO) or attempt to break even by plactng the Holiday Lights at Camp Pendleton. News Channel 3 has approached Cellar Door with a request to media partner an event A non-alcohol model for a Times Square Event on New Years Eve ts bemgformulated. This would be located at the end of l 7n Street on Virgima Beach Boulevard wtth a large screen type of state show fireworks and a "ball" dropping At the present time, there ts no fundtng for thts type of concept; however, the cost ts projected to be somewhere between $75,000- $85,000. News Channel 3 has offered $200,000 worth of thetr support tn terms of havtng people attend the event A letter has been submitted to the Office of Conventton and Vtsttor Development, relattve the fundtng necessary, but they have not yet recetved a response Thts ts the only Millennium event that has been dtscussed B Y CONSENSUS, Holiday Lights shall beplaced at Camp Pendleton during the Holiday Season of1999- 2000. March 9, 1999 -7- CITY MANA GER 'S BRIEFING VIRGINIA MARINE SCIENCE MUSEUM PHASE III lhlOA.M. ITEM # 44 716 C. Mac Rawls, Dtrector- Museums, advtsed the Purpose of the Master Plan for the Phase III expansion of the Virginia Marine Science Museum has been created to chrect the next stage of the Museum's development, and tdenttfy assoctated costs and land requtrements Mr Rawls recogmzed Board Members tn attendance: Robert Jones - Vice Prestdent, Van Cunntngham, Former President and current Chatrman of the Exhibtts Commtttee; and, Wally Mitchell- Chatrman of the Legislattve Commtttee Not counttng some operatmg support, a total orS1 2-MILLIONwas received from the General Assemblyfor 1999-2000for the expanston Mr Rawls tntroduced Peter Chermayeff and his partner, Peter Sollogub -Prtnctpals in the firm of Chermayeff , Sollogub and Poole. Prtncipals of the firm are among the most renowned aquartum archttects whose destgns include stx of the ten most important aquartums tn the world, includtng the New England Aquarium in Boston, National Aquarium in Baltimore and the Tennessee Aquarium in Chattanooga, as well as the Ring of Fire Aquarium in Osaka, Japan, and most recently, the Oceans Pavilion in Lisbon, Portugal Peter Sollogub believed the firm 's proposal was one of the best projects they have ever done It ts a "cutting edge" concept, which will recetve nattonal attentton, not.lust regional attentton Wtth the utilizatton of shdes, Mr. Sollogub presented the concept The tdea of a Phase III expanston grew out of the strongpubhc interest for the many stranded martne animals whtch come ashore each year In additton, past vtsttor surveys and polls tndicate vtsitors would hke to see dolphtns and other martne mammals tn future exhtbtts The museum's strandtngprogram promotes the conservatton of protected martne antmal spectes tn Vtrgtnta through research, rescue, rehabthtatton and educatton, most of whtch happens out of pubhc view Phase III will heavily tncorporate thts program tnto permanent exhibttry and datly programs by provtchng pubhc vtewing facthttes and allowtng vtsttors tnstght tnto the care and rehabthtatton of stranded antmals These efforts wtll be supplemented later by addtttonal research and lab facthttes increasing the museum's capactty to tmprove medical treatment, provide behavtoral data and conduct research This pro,lect ts betng vtewed qutte Three-chmensionally with the coasthne addressed both as landscape on the land and tn the water (combining the two). The budding wtll be a four-story structure of approximately 90,000 square feet It wtll be constructedprtmartly of glass and steel and ts intended to make a bold archttectural statement The focal exhibit will constst ora 1 2-MILLION gallon martne habttat surrounded by a martttme forest The habttat, featuring bottlenose dolphtns, harbor seals and coastal btrds, wtll provtde untque vtewtng opportuntttes by departtng from a trachttonal arena-type setttng A chsttngutshtng characteristic of this exhtbtt ts thatprtmary vtewtng ts located below the water hne occurrtng in underwater observation galleries. Here, vtsttors will be able to watch these remarkable animals exhibtttng thetr natural behavtors tn a naturally depicted habitat In other outlytng gallertes, hands-on exhtbtts wtll explain the nature and needs of endangered martne ammals found in Vtrgtnta waters The museum wtll obtatn tts animal collection through successful breechng programs estabhshed byfacthttes around the world, at ttmes, posstbly from stranded ammals deemed non- releasable. Thts ts essentially a tour through four levels - two above and two below the water hne There will be hydro-phones to allow the sound of the dolphins to be heard underwater. Recordtngs wtll also retnforce the sense of the underwater environment and the language of these creatures. The capital cost of constructtng the facdtty is esttmated at $40-MILLION to be funded from a combtnatton of City, state, prtvate and federal sources. It is esttmated, by the consulting team, that the Museum wtll have a stabthzed attendance of 1-MILLION visitors tn tts thtrdyear. March 9, 1999 -8- CITY MANAGER'S BRIEFING AGENDA REVIEW 11 50AM ITEM g44 717 Mayor Oberndorf advtsed each of the tssues under ORDINANCES/RESOLUTIONS wtll be &scussed separately ITEM # 44718 1.1 Apphcatton of EDWARD O. "TED" YODER for the discontinuance, closure and abandonment ora portion of Holly Road, begtnning at the Northern boundary of Bay Colony Drtve runmng Northwesterly 284 O1 feet, contatntng 12,405 square feet (BEACH- DISTRICT 6) The City Manager requested thts ttem be DEFERRED until the Ctty Councd Sesston of March 23, 1999. ITEM # 44719 12 Apphcatton of GREENWOOD ASSOCIATES, LLC for a Vartance to Sectton 4 4(b) of the Subchvtston Ordtnance re newly created lots must meet all reqmrements of the Ctty Zoning Ordinance (CZO) on the East stde of Holland Road, 284 feet South of Savdle Garden Way (PRINCESS ANNE - DISTRICT 7). Councd Lady McClanan wished to vote a VERBAL NAY on thts ttem as they have cut every tree that was on this piece of property ITEM # 44 720 14 Applicatton of BETH SHOLOM TERRACE for a Con&ttonal Use Permtt for an asststed livtng _facilt~ at the Southwest tntersectton of Auburn Drtve and College Park Boulevard (6401 Auburn Drive), contatntng 6131 acres (CENTER VILLE - DISTRICT Councd Lady Eure advised tf there ts time available, tt wouM be race, pubhcly, tf they wouM do a very brtef presentation regarding this apphcatton Council Lady Eure ts pleased wtth this plan Mayor Oberndorf advtsed thts was one of the better appltcations which has been proposed as an assisted hvtng facihty Council Lady Henley advtsed the one chsappotntment with asststed hvtng factltttes has been there are no untts dedicated for medtcatd and the auxihary grants. Counctl Lady Henley had wished these appltcants to reserve at least two or three units in thetr factltty for auxtliary grants Double occupancy would be fine ITEM # 44 721 I. 5. Applicatton of GRACE ARZILLO for a Conditional Use Permtt for a home occupatton (day care) on Lot 40, Block O, Sectton Two, Part Three, Charlestowne (1813 Roves Lane), contatmng approxtmately 17, 000 square feet (CENTER VILLE- DISTRICT O. Councd Lady Eure advised opposttton would be tn attendance March 9, 1999 -9- CITY MANA GER 'S BRIEFING AGENDA RE VIE W ITEM # 44 722 16 Apphcatson of Z-1 COMMERCIAL PROPERTIES, LLC, fora Change of Zomng Dsstrsct Classsficatton from I-1 Lsght Industrsal Dtstrsct to Condstsonal B-2 Commumtv Bussness Dsstrsct at 820, 830 and 840 South Mslstary Hsghway and 6404 In&an Rsver Road, contatmng approxsmately 42 acres (CENTER VILLE- DISTRICT 1). Councd Lady Eure referenced two concerns relatsve the posssbslsty of a privacy fence and the other traffic csrculatson Councsl Lady Eure requested a 2 week DEFERRAL untsl the Csty Councsl Sessson of March 23, 1999, relatsve these concerns Council Lady Eure has spoken wsth the applscant and he ss agreeable to the deferral. ITEM # 44 723 B Y CONSENSUS, the following items shall compose the PLANNING B Y CONSENTAGENDA' I1. Applicatson of EDWARD 0 "TED" YODER for the discontsnuance, closure and abandonment of a portson of Holly Road, beginntng at the Northern boundary of Bay Colony Drive runnsng Northwesterly 284 O1 feet, contasmng 12,405 square feet (BEACH- DISTRICT 6). 12. Apphcatton of GREENWOOD ASSOCIATES, LLC for a Vartance to Section 4.4(b) of the Subdivision Ordtnance re newly created lots must meet all requirements of the Ctty Zoning Ordinance (CZO) on the East side of Holland Road, 284feet South of Saville Garden Way (PRINCESS ANNE- DISTRICT 7). 1.3. Apphcatton of DOCKERY, JR. and MILDRED LAMBERT for a Conditional Use Permtt for a cemete~_ , columbarium, cremato~_ and mausoleum on the North side of Inchan River Road begmntng 1500 feet East of Rtddtck Lane, contaimng 24.55 acres (PRINCESS ANNE- DISTRICT 7). 1.4. Applicatton of BETH SHOLOM TERRACE for a Condittonal Use Permit for an asststed hvtngfacth~_ at the Southwest tntersection of Auburn Drive and College Park Boulevard (6401 Auburn Drtve), contatntng 6.131 acres (CENTER VILLE- DISTRICT 1). Item I 1 wsll be DEFERRED, BY CONSENT, two weeks until the Csty Council Sessson of March 23, 1999 Counctl Lady McClanan wsll vote a VERBAL NAY on stem 12 March 9, 1999 -10- CITY COUNCIL COMENTS 11:58 A.M. ITEM # 44 724 Mayor Oberndorf recogmzed Council Lady McClanan and Councdman Jones to relay the outcome of thetr negotiations wtth Cox Cable. concerning Pohcy re certatn utility and telecommunication facilities (other than those delineated in Sectton 5.10 of the Ctty's Subdivtston Ordinance) pertatntng to authortty, standards, locatton, constructton and application Councd Lady McClanan requested the Briefing be Scheduled during the Formal Sesston under New Business ITEM # 44 725 Councdman Harrtson advised he will ADD to the ~4genda: Resolutton referrtng to the Planmng Commtsston a proposed Amendment to Sectton 801 of the Ctty Zoning Ordinance (CZO) re hair care centers March 9, 1999 -11- ITEM # 44 726 Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Ctty Councd Conference Room, Ctty Hall Budding, on Tuesday, March 9, 1999 at 12 O0 NOON Councd Members Present Ltnwood 0 Branch, III, Margaret L Eure, Wdham W. Harrtson, Jr, Harold Hetschober, Barbara M. Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker and A M "Don" Weeks Counctl Members Absent. Vtce Mayor Wtlham D Sessoms, Jr March 9, 1999 - 12- ITEM # 44727 Mayor Meyera E Oberndorf entertatned a motion to permit Ctty Council to conduct its EXECUTIVE SESSION, pursuant to Section 2 1-344, Code of Virgtma, as amended, for the following purpose. PUBLICLY-HELD PROPERTY' Dtscussion or constderatton of the condition, acquisition, or use of real property for pubhc purpose, or of the dtsposition of publicly-held property, or of plans for the future of an tnstttutton whtch could affect the value of property owned or destrable for ownershtp by such tnstitutton pursuant to Sectton 2 1-344(A)(3) Martne Science Museum Expansion &te S A S Oceanfront Associates Parcel - 31s' Street - Acqms~t~on False Cape Lodge LEGAL MAT~ERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable httgatton, or other specific legal matters requesting the provtsion of legal advtce by counsel pursuant to Sectton 2 1-344(A)(7) To-Wit: Fala Corporatton v City of Vtrgtma Beach Powhatan Street Closure Upon motton by Council Lady Parker, seconded by Councilman Hetschober, City Counctl voted toproceed tnto EXECUTIVE SESSION. Vottng 9-0 Council Members Voting Aye Margaret L. Eure, Wilham W. Harrison, Jr, Harold Heischober, Barbara M Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera E Oberndorf Nancy K Parker and A M "Don" Weeks Counctl Members Voting Nay None Councd Members Absent Vice Mayor Wilham D Sessoms, Jr. and Ltnwood O. Branch, III March 9, 1999 - 13- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL March 9, 1999 2:00 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Council Chamber, Ctty Hall Butldmg, on Tuesday, March 9, 1999, at 2 O0 P M Councd Members Present Ltnwood O. Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker and A M "Don" Weeks Councd Members Absent. Vtce Mayor Wdham D Sessoms, Jr. [FAMILY VACATION] INVOCATION' The Reverend James R Wolfcale Atlanttc Shores Bapttst Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA March 9, 1999 - 14- Item VIoE CER TIFICA TION OF EXECUTIVE SESSION ITEM ii 44 728 Upon motton by Counctl Lady Eure, seconded by Councdman Branch, Ctty Councd CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc bustness matters lawfully exempted from Open Meettng requtrements by Vtrgtnta law were discussed tn Executtve Sesston to which thts certtficatton resolutton apphes, AND, Only such public bustness matters as were tdenttfied tn the motton conventng the Executive Sesston were heard, dtscussed or constdered by Vtrgtnta Beach Ctty Counctl Voting' 10-0 Councd Members Voting Aye Linwood O. Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndo~ Nancy K Parker, and A M "Don" Weeks Counctl Members Vottng Nay None Council Members Absent' Vtce Mayor Wtlliam D Sessoms, Jr March 9, 1999 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 # 44727, Page 12, 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. ~h Hodges Sn~ith, CMC/AAE City Clerk March 9, 1999 Item VI-F. 1 - 15- MINUTES ITEM # 44 729 Upon motton by Councdman Heischober, seconded by Counctl Lady Eure, Ctty Councd APPROVED the Mtnutes of the INFORMAL AND FORMAL SESSIONS of March 2, 1999. Voting: 10-0 Council Members Voting Aye: Linwood 0 Branch, III, Margaret L. Eure, Wdham W Harrison, Jr., Harold Hetschober, Jr, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E Oberndor~, Nancy K Parker and A. M "Don" Weeks Counctl Members Vottng Nay None Counctl Members Absent' Vtce Mayor Wdham D Sessoms, March 9, 1999 Item ~I-H.1. -17- ORDINANCES/RES OL UTION ITEM it 44 730 Melody Copper, 445 Ktngs Grant Road, Phone 486-0202, Prestdent VBEA, spoke tn SUPPORT of the Ordinance Upon motion by Councilman Jones, seconded by Counctlman Harrison, Ctty Council ADOPTED, AS AMENDED: Or&nance republic rights-of-way use fee, as authortzed in the Virgima Code, Section 56-468 1, as compensation by provtders of local exchange telephone service wtth a dedicated funding to the Schools Instructional Technology Special Revenue fund, effecttve 1 July 1999 ~ttng ~4 Councd Members Voting Aye. Ltnwood 0 Branch, III, Margaret L Eure, Wilham W Harrtson, Jr., Harold Hetschober, Louts R Jones, Mayor Meyera E. Oberndorf, Council Members Vottng Nay' Barbara M Henley, Reba S McClanan, Nancy K. Parker and A M "Don" Weeks Counctl Members Absent Vtce Mayor Wdham D Sessoms, Jr March 9, 1999 33 WHEREAS, the State of Virginia has failed to provide any 34 ongoing source of Standards of Quality revenue sufficient to meet 35 the mandate; 36 WHEREAS, the Task Force has developed a plan to address 37 essential and necessary instructional technology requirements and 38 have prepared a report titled "Technology Hardware, Software, and 39 Systems Funding Plan for Virginia Beach City Public Schools"; and 40 WHEREAS, the Public Rights-of-Way Fee has been identified as 41 a source of funding for this plan. 42 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 43 OF VIRGINIA BEACH, VIRGINIA: 44 1. The City Council hereby accepts in principal the report 45 entitled "Technology Hardware, Software, and Systems Funding Plan 46 for Virginia Beach City Public Schools," subject to paragraphs 3 47 through 5 below; 48 2. The City of Virginia Beach hereby adopts the Public Rights- 49 of-Way Use Fee authorized by Section 56-468.1 of the Code of 50 Virginia, and each certificated provider of local exchange 51 telephone service shall collect and remit this fee as provided by 52 law; 53 3. The revenue derived from the fee adopted herein and such 54 interest that may be earned thereon shall be dedicated exclusively 55 to acquiring and replacing computer equipment for classroom and 56 computer laboratory use; 57 4. The revenue from this fee shall be collected into the 58 General Fund of the City and be available for appropriation 59 annually to the School Division in response to a specific School 60 Board request, with this request to be submitted in such manner and 61 timing as may be deemed appropriate by the City Manager; 62 5. Notwithstanding the above, should the City Council 63 determine in any given year that the School Board is not in 64 compliance with the "Technology Hardware, Software, and Systems 65 Funding Plan for Virginia Beach City Public Schools," the revenue 66 generated by the fee adopted herein may be appropriated for such 67 other public purposes as the City Council may deem appropriate; 68 6. This ordinance shall be effective immediately, and shall 69 remain in effect until December 31, 2005, at which date the fee 70 will terminate; and 71 7. The Director of Management Services or his designee is 72 hereby directed forthwith to notify each certificated provider of 73 local exchange telephone service within the City of the adoption of 74 this Ordinance, by certified mail sent to the registered agent of 75 each such provider of local exchange telephone service. 76 Adopted by the Council of the City of Virginia Beach, 77 Virginia, on this 9th day of March, 1999. 78 CA-98-7001 79 mm~ordres~usefee.orn 80 R-3 81 March 9, 1999 Technology Hardware, Software, and Systems Funding Plan for Virginia Beach City Public Schools Part I' Introduction Part II' Instructional Technology Part III: Student Data Management System Part IV' Integrated Human Resources/Payroll System February 26, 1999 Technology Liaison Committee Cl_ty of Virginia Beach Mr Bill Hamson, City Council Member Mr Louis Jones, City Council Member Mr Dean Block, Director of Management Services Mr David Sullivan, D~rector, DIT Dr Betty Jean Meyer, Budget Analyst Virginia Beach City Publ~c Schools Mrs Nancy Guy, School Board Member Mr Dan Lowe, School Board Member Dr Timothy Jenney, Division Supenntendent Dr K Edwin Brown, Assistant Supenntendent Mrs Victoria Lewis, Chief Financial Officer Mr Robert Mullen, Director, Office of Technology TeChnology Hardware, Software, and Systems Funding Plan Part I: Introduction As members of a rapidly changing society we are faced with preparing our students and ourselves for life experiences that dtffer greatly from those encountered by earlier generations. A growing body of research supports the theory that technology can be a powerful and effective force ~n that effort Over the past four years, the V~rglma General Assembly and the Department of Education have actively supported th~s behefthrough a series of technology lnmatives to promote the mfus~c,n of technology xn public schools across the state and through Standards of Learning for students and standards of proficiency for instructional persmmel The Virginia Beach School Board also affirmed ~ts commitment to technology through the Strategic Plan, whmh estabhshes foundanon standards for technology across the division to empower teachers teaching and students learmng The C~ty Council and School Board have further affirmed thts commitment by forming th~s Technology Liaison Committee to address funding of certain school division technology needs under the Strategic Plan. Th~s funding plan addresses three major areas of need' acqmsitlon and replacement of instructional technology hardware, an enhanced student data management system, and an ~ntegrated human resources/payroll system Although mdlv~dually identified for analysis purposes, these needs are ~nterdependent m that each has ~nstrucnonal ~mphcat~ons, as well as, tmphcatxons for the efficient and effective operation of the school d~v~sxon Historically, the two primary revenue sources for ~nstructional technology hardware have been state ~nmat~ves and local end-of-year funds, neither of which ts sufficiently stable or pre&ctable to support the needs of the d~vls~on. A long-term replacement plan for instructional computers, based on committed dollars, w~ll provide s~gmficant benefits for the Instructional program by ensuring that students and teachers have access to the resources needed to meet state standards and to effectively integrate technology ~nto the teaching and learning process Th~s committee believes that th~s plan presents an adequate, but fiscally conservative, hardware acqmsmon and replacement program to allow students to meet the current reqmrements unde~ the Standards of Learmng for technology education and ~ntegratton of core curriculum. The proposed funding plan does not address in any fashion the costs for curriculum development, personnel, or trmmng. These are all components of the five-year Technology Imtlatlve passed by the School Board in 1998, which have been and xv~ll continue to be funded through the school division's annual operating budget Th~s plan also does not address replacement of adm~mstrat~ve computers Technology L~a~son Comm~nee 2 02/26/99 Increased accountability requirements have created the need to maintain, archive, and retrieve student data far beyond the capacity of our current student data management system For example, to meet state Standards of Learmng record keeping reqmrements, and more sophisticated requests for ~nformatlon from audiences both within and outside of the school d~v~s~on, the d~v~s~on needs a system that will store and provide ready access to archival data. The current system is incapable of accommodating this need The integrated human resources/payroll system ~s desperately needed for efficient management of instructional, adm~mstrative, and support staff and business affmrs. An effective and efficient system w~ll provide direct and indirect benefits for the instructional program by expediting staffing and diverting fewer dollars to administrative functions. The three areas of need described above must be addressed if the school d~vision ~s to meet the challenges presented by the new state mandates contained in the Standards of Learning and Standards of Accredttation and if we are to aclneve and maintain the standard of excellence that has tra&t~onally been the hallmark of V~rg~ma Beach City Public Schools Part II: Basic Hardware Needs: Instructional Technology · Computer labs in schools are necessary for students to meet the Technology Standards of Learning and to help teachers meet the Technology Standards for Instructional Personnel · Mmntenance of technology in hbranes, writing labs, word processing labs is a major need ~n the school system. · The school d~v~sion needs a systematic, reliable method for replacing outdated xnstructlonal eqmpment The computer replacement model ensures the replacement of instructional computers at the end of a five-year operational use span Incorporated into th~s replacement cycle is the addition of new computers into the computer resource lab at the third year and the relocation of the older computers ~nto classrooms for the last two years of their five-year projected operational use span · Functional computers should be available ~n every classroom Guiding Principles: · The school division expects all students to meet Virginia's Standards of Learmng for technology · The school d~v~slon expects all teachers and ~nstruct~onal administrators to meet V~rg~n~a's Technology Standards for Instructional Personnel · Technology Is a tool to be used ~n teaching academic subjects · Technology is to be integrated ~nto the total ~nstruct~onal program with emphas~s on the teaching of Enghsh, mathematics, science, and h~story as required. · Computer labs ~n each school w~ll be dedicated to teaching students and teachers how to use technology as a learning tool. Technology L~a~son Comnuttee 3 02/26/99 · Computer resource teachers are placed in schools to assist students in achieving Standards of Learning technology proficiencies, support teachers in integrating technology ~nto the cumculum, and provide staff training in technology. · Computer resource teachers will assist teachers in integrating technology into the cumculum during the five-year staff training period. · Computers in computer resource labs will be replaced on a three-year cycle. · Computers removed from resource labs will be distributed to classrooms for an additional two years · Computers removed from resource labs will be placed in classrooms to support the cumculum and, based upon district policy, will be distributed to teachers who have demonstrated proficiency tn the ~ntegratlon of technology into the cumculum · Dunng the coming two years, the school division w~ll continue to develop technology eqmpment standards for delivery of the cumculum ~n respect~x e gl ade levels and subject areas · Beginning in June 2000, an annual implementation audit will be conducted to ~nsure the integrity of the plan. Cost: · ProJected eight-year hardware/software costs for instructional technology' $31,954,872 · Adherence to this plan will result in the purchase of 20,946 instructional computers over the eight-year program and increase the inventory of functional computers for instructional use from 7,249 in FY 98/99 to 12,901 In FY 06/07. · Training costs and personnel In the School Board Technology Initiative are contained in the annual operating budget Funding: · An Instructional Technology Special Revenue Fund (the "Fund") will be established to support the purchase of instructional computers as set forth ~n the replacement schedule attached as Exhibit A · The Fund will be supported by approximately $3 5 million dollars annually from the following sources' City $1 5 million School District $2 0 m~lllon minimum annual effort, addlt~onal funds up to the total $3.5 million may be required ~f the school's division comm,ment cannot be met minimum annual commitment, from various sources, including but not limited to any state or federal grants dedicated to instructional technology hardware, subject to fund availab~hty Any funds available at year end will be first dedicated to the Fund to the extent needed to meet this annual commitment. Technology L~mson Conumttee 4 02/26/99 The Fund w~ll be prefunded by the school division using $3.5 mlllmn of available FY 98/99 school year-end funds. The Fund will receive interest generated by its balances. The City's annual commitment to the Fund will be from sources outside the 53 13% of the SlX revenue streams in the Revenue Sharing Formula · The Fund will be included m the annual appropriation by the City Council. · The school division's contribution in any given year (up to $2 0 llllllloll) x~,~ll be ~educed by the value of dedicated grants · The Fund will be administered in a manner similar to the Textbook Fund Part III: Student Data Management System Basic Needs: · The school d~vlslon needs to analyze data on student achievement quickly and accurately in order to momtor student progress and to assess the success or failure of ~nstructlonal programs · A data management system that will allow access to all student data that is both &rect and timely will ~ncrease the division's ability to monitor instructional programs · The state Standards of Learmng and teacher traimng mandates have placed increased accountaNllty demands on teachers and the central admlnastratmn. The present student data management system is a modified, twenty-year old DOS application that does not maintain or archive data reqmred to track student demographics or achievement. Guiding Principles: To accommodate these needs the new student data management system design will allow · the central admlmstratlon to access data from all schools quickly · tracking verified credits for secondary students who have taken Standards of Learning tests · momtonng of the promotion and retention of students across grade levels, by ethmc group, by assignment to special programs · determination of the effectiveness of new programs based upon the analysis of student achievement data · following data over t~me to plot trends in the school division · an individual school to track its students' achievement ~n higher grade levels · the replacement of th~rty-five separate databases - for example, data for English as a Second Language IS kept by hand and stored ~n notebooks, data on gifted students is kept on its own database · an increase ~n the school divlslon's effectiveness and efficiency in completing and filing local, state, and federal reports, many of which are tied to funding Technology L~a~son Committee 5 02/26/99 Cost: · The projected cost ~s $2.7 million dollars Funding: · The State has projected a $855,000 grant towards the purchase of th~s system, subject to General Assembly approval. · The~ $1,900,000 balance is to be funded from FY 98/99 school year-end funds · A Resolution will be forwarded by the School Board requesting reappropfiation of year-end funds for this purpose. Part IV: Basic Needs: Integrated Human Resources/Payroll System · Replace 20+ year old Payroll System. · Replace approximately 15+ various non-integrated and stand alone Human Resources databases · Provide payroll history. · Ehm~nate 3x5 cards for Human Resources employment h~story. · Ehm~nate people-dependent processes · Ehminate duphcate employee files in Human Resources and Payroll · Eliminate paper-dependent processes. · Eliminate the need to perform "match-up" between the HR and PR databases · More closely match classroom reqmrements with teacher endorsements and cemficanons. · Provide nmely (on-hne, real-nme) posmon control mformanon · Provide remote on-hne access for current payroll data subm~ssmn (e g, subsmutes, part-ume, one-nme) ~n heu of paper forms w~th appropriate authonzanon password levels · Provide for various repomng needs · Provide effective dating for changes to employment, compensation, or deduction ~nfonnanon · Provide accurate, nmely, and complete mformanon to support HWPR decision-making processes w~th~n the school d~v~s~on and w~th~n the c~ty government Guiding Principles: · Select an ~ntegrated system, which w~ll meet both the school &v~s~on's human resources and payroll needs as well as c~ty needs · Collect employment and payroll h~story. · Redesign bus~ness processes to optimize "best pracnces" ~ncorporated ~nto the software and system design. · Move from people-dependent operations to process and system-dependent operations. · Ehm~nate all stand-alone and non-~ntegrated systems · Ehm~nate all duphcate data entry. Technology L~a~son Conumttee 6 02/26/99 · Provide for more efficient operations by raising the level of work for Human Resource and Payroll staffs from non-value added manual tasks to necessary policy and financIal analys~s · Include all personnel, including part-time employees, substitutes, athletIc officIals and others prod at a school site, on the Human Resources database ~n order to more accurately forecast costs and facilitate budget development and monitonng. · Provide more timely responses to requests for information. · Provide the capability to assess the financial and other impact of HR/PR decisions under consideration, planned, or rendered. Cost: · The total school d~vlslon share of the joint c~ty/school project cost Is estm'tated to range up to $3 9 m~lhon · The total city share of the joint city/school project cost ~s estimated to be $1 5 nulhon · This cost ~s the lower estimate derived from the Deloitte and Touche report and discussions with city staff. Funding: The total school division cost is to be funded from FY 98/99 school year-end funds A Resolution w~ll be forwarded by the School Board requesting that City Council approve the creation ora new CIP project and that the funds be transferred from the school operating budget before the end of FY 98/99 to allow the issue of an RFP Technology Ltatson Committee 7 02/26/99 APPENDICES Technology L~a~son Committee 8 02/26/99 ,--.' 00 ~ OO00'...3 000 ~,,~ ,-,. 00 '.....I u~ 00 ~1 0 00 00 00 00 ,,--. Oo 0 ,--. 0 0 I 0 0 I'rl INSTRUCTION Based on Compaq Fde 1/11/99 EXHIBIT B VENDOR FOR ALL ITEMS - except Clari,~ Worl~. IS ELECTRONIC SYSTEMS SPECIAL NOTE: A Claris WoH~ (A,oplework$) I=ense ~s REQUIRED for every instructional computers In elementary and m,ddle schools H~gh schoots are free to buy ClansWod(s or not as they see fit CLASSROOM 15 iITEM PART ~ PRICE DISCT OFF NEP ICOMPAQ DESKPRO EN 6333X MODEL 6400, 32MB SDRAM, 6 4GB HD ,PENTIUM II 10/100 NIC, SOUND CARD, WINDOWS 95 178910-008 1,132 00 13% COMPAQ EDUCATION MULTIMEDIA KIT INCLUDING 32X CD-ROM, SOUNDBLASTER AUDIO, SPEAKERS LEARNINGPAQ 261292-001 183 00 8% COMPAQ V55 15' COLOR MONITOR 308006-001 219 00 5% LABTECH AM240 MICROPHONE AM240 9 00 OPTIONAL LABTECH HEADPHONES 9 00 OPTIONAL 3 ~ R WARRANTY UPGRADE DESKPRO 193443-001 0 00 3-YR WARRANTY UPGRADE V55 MONITOR 193657-001 0 00 MS OFFICE 97 PROF PRELOADED 261056-003 62 00 CLARIS WORKS LICENSE - Order from Office of Technology by I D T 39 00 OPT FOR HIGI- BASIC SETUP FEE 35 00 TOTAL 1,666 00 nep 1301 199 231 CLASSROOM 17 ITEM PART ~ PRICE DISCT OFF NEP COMPAQ DESKPRO EN 6333X MODEL 6400, 32MB SDRAM, 6 4GB HD, PENTIUM II, 10/100 NIC, SOUND CARD, WINDOWS 95 178910-008 1,132 00 13% COMPAQ EDUCATION MULTIMEDIA KIT INCLUDING 32X CD-ROM, SOUNDBLASTER AUDIO, SPEAKERS, LEARNINGPAQ 261292-001 183 00 8% COMPAQ V75 17' COLOR MONITOR 307710-001 396 00 5% LABTECH AM240 MICROPHONE AM240 9 00 OPTIONAL LABTECH HEADPHONES 9 00 OPTIONAL 3-YR WARRANTY UPGRADE, DESKPRO 193443-001 0 00 3-YR WARRANTY UPGRADE V75 MONITOR 193433-001 0 00 MS OFFICE 97 PROF PRELOADED 261056-003 62 00 CLARIS WORKS LICENSE - Order from Office of Technology by I D T 39 00 OPT FOR HIGI- BASIC SETUP FEE 35 00 TOTAL 1,865 00 SCH 1301 199 417 SCH CLASSROOM 17¥C ITEM PART ~ PRICE DISCT OFF NEP COMPAQ DESKPRO EN 6333X MODEL 6400, 32MB SDRAM, 6 4GB HD PENTlUM I1, 10/100 NIC SOUND .;ARD, WINDOWS 95 178910-008 1 132 00 13% COMPAQ EDUCATION MULTIMEDIA KIT INCLUDING 37.X CD-ROM, SOUNDBLASTER AUDIO, SPEAK;:-RS, LEARNINGPAQ 261292-001 183 00 8% COMPAQ P75 17" COLOR MONITOR 307806-001 462 00 5% VIDEO CAPTURE KIT MATROX MYSTIQUE RAINBOW RUNNER MGAMYSTRRSTN 185 00 MATROX MYSTIQUE 220 w/4MB PCI CARC MY220P4N 125 00, LABTECH AM240 MICROPHONE AM240 9 00 LABTECH HEADPHONES 9 00 3-YR WARRANTY UPGP.ADE DESKPRO 193443-001 0 00 3-YR WARRANTY UPGRADE P75 MONITOR 193433-001 0 00 MS OFFICE 97 PROF PRELOADED 261056-003 (52 00 CLARIS WORKS L~CENSE - Order from Office of Technology by I D T 39 00 OPT FOR HIGF SETUP FEE 50 00 TOTAL 2,256 00 1301 199 486 NOTE' SETUP FEE INCLUDES CL15, CL17 UNPACK & CHECK CONFIGURE NETWORK ATTACHMENT INSTALL PRINTER DRIVER(S) INSTALL NETSCAPE INSTALL GROUPWlSE INSTALL LEARNING PAQ INSTALL POWERTOYS INSTALL NORTON ANTIVIRUS :L17VC UNPACK & CHECK CONFIGURE NETWORK ATTACHMENT INSTALL PRINTER DRIVER(S) INSTALL NETSCAPE INSTALL GROUPWISE INSTALL LEARNING PAQ INSTALL POWERTOYS INSTALL NORTON ANTIVIRUS INSTALL VIDEO CAPTURE HARDWARE & SOFTWARE SCH JOINT ~LUTION OF ~ CITY OF VIRGINIA BEA~ CITY CO~~p~ SCHOOL BOARD TO ACCEFr, ADOPT AND DIRECt ~ IMPLEMENTA~ TECHNOLOGY HARDWARE, SOFTWARE, AND SYb~EMS FUNDING PLAN WITk'~I~.A.S, the City Council and School Board desire to racet the challenges presented by the mw state mamhtcs comlmd in the Smmhrds of Learning mi thc Stmh.,ds of Accreditation; and WHIte'kS, th~ City Council and School Board recognize the need to have adequate imUuctioml technology and administrative systems to meet those challenges; and Vv'iTI~H~..~kS, htstod~y funding for instructional technology ha.,dwate and administrative systems has been sporadic, based on state initiatives ~nd available year-end funds, and the City Council and School Board desire to have · plan for rephcement of that hardware and systems; and W~fII~EAS, the Clmirman of the School Board appointed two members to a Technology Committee ~ the Mayor appointed two members of City Council to lhison with flint Committee anti develop a plan for fimdin~ the school division's technology needs; and ~VI:glq~.~AS, that committee developed a plan ~d pr~ellted same to the School Board and City Council in W~EREAS~ the City Council and School Board desire to phce this plan into effect as soon as practicable; now, therefore, be it RESOLVED: Tlut jointly by the School Board ~nd City Council of the City of Virginia Beach that the report and recommendations entitled "Technology Hardware, Software, n_~ Systems Pmxiing Phn' and d~tcd February 26, 1999 (the 'Plan"), and attached hereto, is hereby accep~ and adopted by the rcspcctive bodies; be it furor RESOLVED: That the Superimgndent of Schools ~d City Manager arc to take such steps as are appropriate and necessary to implement the Plan; be it further ~LVED: That the City Council and School Board will adopt the ~ Resolutions ~M Ordinances to create the lnsm~fioml Technology Spcchl Revenue Funa mi to transfer all f~ru~_s as called for in the Plan. Prese~ March ,1999 SEAL Dhnne M. Page, Clerk of the Board Roben C. Spadaccini, Chairman Item VI-H.2. - 18- ORDINANCES/RES OL UTION ITEM # 44 731 Upon motton by Councdman Harrison, seconded by Counctlman Branch, Ctty Counctl ADOPTED: Ordtnance to AMEND the Capital Budget by estabhshtng the 31~ Street Development Project Site Acquisition (CIP #9-013), TRANSFER $2,023, O00 from Beach Eroston Control and Hurrtcane Protectton (CIP #9-704) to CIP #9-013, and, provide these funds to the Vtrginta Beach Development Authority to acqutre a parcel of land currently owned by S A S Oceanfront Assoctates Theproceedsfrom any future sale, use or lease of the property by the Development Authority, less development costs, shall be remitted to the Ctty. Voting 6-4 Council Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, William IV Harrtson, Jr, Harold Hetschober, Louts R Jones, Mayor Meyera E Oberndorf Council Members Voting Nay. Barbara M. Henley, Reba S McClanan, Nancy K Parker and A M "Don" Weeks Council Members Absent: Vtce Mayor William D Sessoms, Jr. March 9, 1999 AN ORDINANCE TO AMEND THE CAPITAL BUDGET BY ESTABLISHING A NEW CAPITAL PROJECT AND TRANSFERRING $2,023,000 TO THIS NEW PROJECT FOR THE PURPOSE OF PROVIDING FUNDS TO THE VIRGINIA BEACH DEVELOPMENT AUTHORITY TO ACQUIRE A PARCEL OF LAND CURRENTLY OWNED BY S.A.S. OCEANFRONT ASSOCIATES WHEREAS, the V~rginia Beach Development Authority ("Development Authority") has 7 purchased an option to buy a parcel of real property currently owned by S A.S Oceanfront 8 Associates that ~s immediately north of 31st Street and east of Atlantic Avenue, WHEREAS, the Development Authority paid $120,000 to acqmre the option, of which 10 $100,000 apphes to the total purchase price of $2,000,000, and an additional $3,000 ~s needed for 11 t~tle ~nsurance, resulting ~n the Development Authonty's need for $2,023,000 to acqmre the property, 12 WHEREAS, the Development Authority must close on the property before March 31, 1999, 13 and 14 WHEREAS, ~mmed~ate funding is available in Capital ProJect # 9-704, Beach Erosion 15 Control and Humcane Protection, which can be transferred to a newly created Capital ProJect, #9- 16 013, 31 st Street Development Site Acqmslt~on, to enable the Development Authority to purchase 17 this property, w~th replacement funding to be restored to Capital Project # 9-704 ~n the proposed 18 Capital Improvement Program. 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 1. The Capital Budget ~s hereby amended to estabhsh Capital ProJect//9-013, 31st Street 22 Development ProJect Site Acquisition; 23 2. The Capital Budget ~s hereby further amended to transfer funds ~n the amount of 24 $2,023,000 from Capital Project//9-704, Beach Erosion Control and Hurricane Protection ProJect, 25 to Capital ProJect #9-013, 31st Street Development ProJect S~te Acqms~t~on; 26 3. The $2,023,000 transferred to Capital Project #9-013 shall be provided to the V~rglma 27 Beach Development Authority ("Development Authonty")for the purpose of enabling the 28 Development Authority to purchase a parcel of land from S.A S Oceanfront Associates located just 29 north of 31st Street and east of Atlantic Avenue, and 30 4. The proceeds from any future sale, use or lease by the Development Authority of the 31 32 property described in this ordinance, less development costs, shall be remitted to the City of Vlrglma Beach. 33 34 35 36 37 38 39 40 41 42 March1999. Adopted by the Council of the City of Vlrglma Beach, Virginia, on the @ day of CA-7275 Ordln/Noncode/31 sand.ord R-2 Prepared: March 3, 1999 APPROVED AS TO CONTENT: --Manageme~Serw-c~s~ APPROVED AS TO LEGAL SUFFICIENCY City Attorney Item VI-H.3. - 19- ORDINANCES/RES OL UTION ITEM # 44 732 The followtng spoke tn OPPOSITION to Light Rail: Regts Byrd, 1381 East Ocean View Avenue, Norfolk, Va Rtchard Robertson, 5544 Parliament Drive, Phone 497-4960 Davtd Silverman, 4002 Thomas Jefferson Drive, Phone' 486-6853 Maxtne Graham, 3057 South Sandptper A MOTION was made by Councilman Weeks, seconded by Counctl Lady McClanan to ADOPT a Resolutton to request the Ttdewater Transportatton Dtstrtct Commtsston (TTDC) defer further expenditures re the Ltght Ratl Project unttl Vtrgtnta Beach ctttzens express their approval of the development and financtng of the project at an Advtsory Referendum to be hem tn November 1999. A SUBSTITUTE MOTION was made by Counctlman Hetschober, seconded by Counctlman Branch to DEFER INDEFINITEL Ya Resolutton to request the Ttdewater Transportation Dtstrtct Commtsston (TTDC) defer further expenditures re the Light Rail Project unttl Vtrgtnta Beach ctttzens express thetr approval oft he development and financtng of the project at an Advisory Referendum to be held tn November 1999. The Management of TRTwtll provtde further tnformatton relattve financtng Voting: 4-5 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye Linwood 0 Branch, III, Margaret L Eure, Harold Hetschober and Barbara M Henley Council Members Voting Nay' William W Harrison, Jr., Louts R Jones Reba S McClanan, Nancy K Parker and A M "Don" Weeks Counctl Members Abstatning: Mayor Meyera E Oberndorf Councd Members Absent Vice Mayor Wtlham D Sessoms, Jr Mayor Oberndorf ABSTAINED as she ts not comfortable at thtsjuncture Dale Castellow should tnqutre relattve the types of remuneration, tf any, wtll have to be repaid, if the Ctty Counctl dectdes not to go to Referendum. March 9, 1999 Item VI-H.3. - 20- ORDINANCES/RESOLUTION ITEM # 44732 (Continued) A SUBSTITUTE MOTION was made by Councilman Weeks, seconded by Council Lady McClanan to ADOPT a Resolution nottfylng the Tidewater Transportation District Commission and other interested parties that the City of Virginia Beach withdraws its support for the Light Rail Project Voting: 2-7 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: Reba S. McClanan and A M "Don" Weeks Council Members Voting Nay: Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones and Nancy K Parker Council Members Abstaining' Mayor Meyera E Oberndorf Council Members Absent: Vice Mayor William D Sessoms, Jr Mayor Oberndorf ABSTAINED as she is not comfortable at this juncture March 9, 1999 Item VI-H.3. - 21 - ORDINANCES/RESOLUTION ITEM # 44732 (Continued) City Councd returned to the MAIN MOTION by Councdman Weeks, seconded by Counctl Lady McClanan to ADOPTa Resolution to request the Ttdewater Transportatton Distract Commtsston (TTDC) defer further expenditures re the Ltght Ratl ProJect unttl Vtrgtnia Beach ctttzens express their approval of the development and financtng of the project at an ddvtsory Referendum to be held tn November 1999. Voting' 3-7 (MOTION LOST TO A NEGATIVE VOTE) Councd Members Voting Aye Reba $. McClanan, Mayor Meyera E Oberndorf and Weeks A M "Don" Council Members Vottng Nay' Ltnwood 0 Branch, III, Margaret L Eure, William W Harrtson, Jr, Harold Heischober, Barbara M Henley, Louts R Jones and Nancy K Parker Council Members Absent Vtce Mayor Wtlham D Sessoms, Jr March 9, 1999 Item VI-H.4. - 22 - ORDINANCES/RES OL UTION ITEM # 44733 Upon motton by Councdman Harrtson, seconded by Councdman Branch, City Council APPROVED License Refunds $6,268.87 Voting: 10-0 Council Members Vottng Aye: Linwood 0 Branch, III, Margaret L. Eure, Wilham W Harrtson, Jr, Harold Hetschober, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker and A. M "Don" Weeks Council Members Voting Nay None Counctl Members Absent Vtce Mayor Wilham D Sessoms, March 9, 1999 FORM NO C A 8 REV 3/88 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following apphcat~ons for hcense refunds, upon certification of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID SIVITER-LEVY LLC SPILKA MYRON & HUGHES EUGENIA SPILLANE THOMAS STERLING CHURCH STREET FURNITURE SPUDS ENTERPRISES INC STAIRS MATTHEW W TEATA JONES INC TIDEWATER INDUSTRIAL EQUIP & MACHINERY VIRGINIA MUSICAL THEATRE INC VIRGINIA ONCOLOGY ASSOC PC VPC INC WEATHER MAKERS INC 1996-1998 AUDIT 30 00 0 00 30 00 1996-1998 AUDIT 24 00 0 00 24 00 19961997 AUDIT 10 00 1 75 11 75 1999 02/15/99 50 00 0 00 50 00 19961998 AUDIT 20 00 0 83 20 83 1996-1998 AUDIT 2 40 0 00 2 40 1996-1998 AUDIT 10 00 0 83 10 83 1999 02/10/99 50 00 0 00 50 00 1996-1998 AUDIT 3,002 30 519 39 3,521 69 1999 02/16/99 50 00 0 00 50 00 1999 02/10/99 88 00 0 00 88 00 1999 02/11/99 50 00 0 00 50 00 This ordinance shall be effective from date of adoption The above abatement(s) totaling City of V~rgima Beach on the $3,909.50 Philip J I~ellar~ - - Commissioner of the Revenue Approved as to form were approved by the Council of the day of Naa'ch ,19 99 Ruth Hodges Smith C~ty Clerk FORM 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 apphcabons for hcense refunds, upon cert~flcabon of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID ADVANCE STORES COMPANY INC AUXILIARY POWER & CONTROL SYSTEM COLONIAL MECHNICAL CORP DOLPHIN INTERNATIONAL INC FAMILY SKATING CENTER INC FOER ROSALIND L FREMONT JOHN SPENCER HENRY MONCURE MOTORS INC J C PENNEY COMPANY INC 852-4 J L BOYKIN INCORPORATED KELSUL INC KING BOBBY KISHAN INC LITTLE CAESARS ENT INC MARHALIK JACQUELINE S MAZZEO WILLIAM C MID EASTERN BUILDERS INC N V SPRING INC NELSON E SlEGLINDE NORFOLK PAINT CO INC OFFSET PRINT SHOP INC PEPPERIDGE FARM INC PJ CHRISTOPH ELECTRIC INC POWELL LAWN INC PRIME PRODUCTS OF VA INC ROSE DAVID P SHEPPARD DIANA L 1999 02/12/99 286 23 0 oo 286 23 1999 02/10/99 50 oo 0 oo 50 oo 1999 02/16/99 50 oo 0 oo 50 oo 1999 02/11/99 50 oo 0 oo 50 oo 1999 02/12/99 50 oo 0 oo 50 oo 1999 02/12/99 50 oo 0 oo 50 oo 1999 02/10/99 1 80 0 oo 1 80 1999 02/16/99 75 24 0 oo 75 24 1999 02/16/99 100 oo 0 oo 1 oo oo 1999 02/12/99 3 20 0 oo 3 20 1999 02/10/99 50 oo 0 oo 50 oo 1997-1998 AUDIT 211 00 38 49 249 49 1997-1998 AUDIT 41 59 5 25 46 84 1996-1998 AUDIT 350 70 0 00 350 70 1996-1998 AUDIT 80 00 9 66 89 66 1999 02/10/99 10 00 0 00 10 00 1999 02/10/99 50 00 0 00 50 00 1999 02/10/99 50 00 0 00 50 00 1999 01/08/99 40 00 0 00 40 00 1999 02/10/99 11 29 0 00 11 29 1995-1998 AUDIT 43 77 0 00 43 77 1999 02/16/99 50 00 0 00 50 00 1997-1998 AUDIT 30 01 6 66 36 67 1995-1998 AUDIT 6 78 0 00 6 78 1995-1998 AUDIT 506 87 0 00 506 87 1999 02/12/99 40 00 0 00 40 00 1996-1998 02/05/99 10 00 0 83 10 83 This ordinance shall be effectIve from date of adoption. The above abatement(s) totahng C~ty of V~rgima Beach on the $2,359 37 Cerbfied as~to paymeg~ Phd~P J ~ellam~' Commissioner of the Revenue Approved as to 'form ~,.--,,~._~ Ldley CIty Attorney were approved by the Councd of the March 99 day of ,19 Ruth Hodges Smith C~ty Clerk Item VI-I. - 23 - PUBLIC HEARING ITEM # 44 734 PLANNING Mayor Meyera E Oberndorf DECLARED a PUBLIC HEARING on. PLANNING 1. EDWARD O. "TED" YODER STREET CLOSURE 2. GREENWOOD ASSOCIATES, L.L.C. VARIANCE 3. DOCKER Y, JR. AND MILDRED LAMBERT CONDITIONAL USE PERMIT 4. BETH SHOLOM TERRACE CONDITIONAL USE PERMIT 5. GRA CE ARZILLO CONDITIONAL USE PERMIT 6. Z-1 COMMERCIAL PROPERTIES, LLC CHANGE OF ZONING March 9, 1999 Item VI-L - 24 - PUBLIC HEARING PLANNING ITEM # 44 735 Upon motton by Councdman Hetschober, seconded by Counctlman Jones, Ctty Counctl APPROVED tn one morton Items 1 (DEFERRED), 2, 3 and 4 of the PLANNING B Y CONSENT Items 1 was DEFERRED, BY CONSENT, unttl the Ctty Counctl Sesston of March 23, 1999 Vottng' 9-0 Council Members Voting Aye Margaret L Eure, Wtlltam W Harrtson, Jr, HaroM Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker and A M "Don" Weeks Council Members Vottng Nay None Counctl Members Absent' Vtce Mayor Wdham D Sessoms, Jr and Ltnwood 0 Branch, III Counctl Lady McClanan voted a VERBAL NAY on Item VI-2 March 9, 1999 lt~ FI-I.I. - 25 - PUBLIC HEARING PLANNING ITEM # 44 73 6 Upon motion by Councdman Hetschober, seconded by Councdman Jones, Ctty Council DEFERRED TO THE 23 MARCH 1999 CITY COUNCIL SESSION Apphcatton of EDWARD O. "TED" YODER for the chsconttnuance, closure and abandonment ora portton of Holly Road Application of Edward 0 "Ted" Yoder for the &sconttnuance, closure and abandonment of a portton of Holly Road begtnntng at the northern boundary of Bay Colony Drive and runmng tn a northwesterly directton a &stance of 284 Ol feet Satdparcel contains 12,405 square feet. DISTRICT 6 - BEA CH Voting: 9-0 (By ConsenO Council Members Voting Aye. Margaret L. Eure, Wdham IV. Harrison, Jr., Harold Hetschober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E Oberndorf, Nancy K Parker and A M. "Don" Weeks Councd Members Voting Nay: None Councd Members Absent Vice Mayor Wdham D Sessoms, Jr and Ltnwood 0 Branch, III March 9, 1999 Item VI-L2. - 26- PUBLIC HEARING PLANNING ITEM # 44737 Upon motton by Councdman Hetschober, seconded by Counctlman Jones, City Counctl APPROVED the Apphcatton of GREENWOOD ASSOCIATES, LLC for a Vartance to Sectton 4 4(b) of the Subdtvtston Or&nance re newly created lots must meet all requtrements of the Ctty Zoning Ordinance (CZO) Appeal to Dectstons of Admimstrattve Officers tn regard to certatn elements of the Subdtvtston Ordtnance, Subdtvtston for Greenwood Assoctates, LLC Property ss located on the east stde of Holland Road, 284 feet south of Savtlle Garden Way DISTRICT 7 - PRINCESS ANNE The followtng condition shall be requtred 1. A revtsed subdtvtsion plat must be submitted to the Development Servtces Center for revtew and recordatton Voting. 8-1 (By Consent) Counctl Members Vottng Aye Margaret L Eure, Wtlliam W Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Mayor Meyera E Oberndo~ Nancy K Parker and A M "Don" Weeks Counctl Members Voting Nay. Reba S McClanan* Councd Members Absent. Vice Mayor Wtlham D. Sessoms, Jr and Ltnwood 0 Branch, III * Verbal Nay March 9, 1999 Item VIJ.$. -27- PUBLIC HEARING PLANNING ITEM # 44738 Upon motion by Councdman Heischober, seconded by Councdman Jones, Cay Councd ADOPTED the Ordinance upon apphcatton of DOCKER Y, JR. and MILDRED LAMBERT for a Condmonal Use Permtt ORDINANCE UPON APPLICATION OF DOCI~RY LAMBERT, JR & MILDRED LAMBERT FOR A CONDITIONAL USE PERMIT FOR A CEMETERY, COLUMBARIUM, CREMATORY AND MAUSOLEUM R03992256 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon apphcatton of Dockery Lambert, Jr & Mildred Lambert for a Condmonal Use Permit for a cemete~_ , columbanum, cremato~ and mausoleum on certain property located on the North side of In&an Rtver Road begtnmng at apomt 1500 feet east of Rtd&ck Lane Satdparcei contains 24 55 acres (PRINCESS ANNE - DISTRICT 7) The following condittons shall be reqmred The subject stte must be developed tn substanttal accordance wtth the &te Plan entitled, "Concept Plan In&an River Gardens "for Dockery Lambert III, dated December 30, 1998, prepared by Clark-Nexsen Archttecture and Engtneenng and by the Porterfield Destgn Center . The subJect site must be developed tn substanttal accordance wtth the Rendenngs entttled "Entrance and Mausoleum Destgn, Indian Rtver Gardens "for Dockery Lambert lII, dated December 31, 1998, prepared by Clark-Nexsen Archttecture and Engtneenng and by the Porterfield Design Center This Ordinance shall be effecttve tn accordance wtth Section 107 09 of the Zomng Or&nance Adopted by the Counctl of the City of Virgtnia Beach, Vtrgtnia, on the Ninth o_f March, Ntneteen Hundred and Ntne_ty-Ntne Vottng 9-0 (By Consent) Council Members Vottng Aye' Margaret L. Eure, Wilham W Harrison, Jr, Harold Hetschober, Barbara M. Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and A M "Don" Weeks Council Members Votmg Nay' None Counctl Members Absent Vtce Mayor Wtlham D Sessoms, Jr. and Ltnwood 0 Branch, III March 9, 1999 Item VI-I. 4. - 28 - PUBLIC HEARING ITEM ii 44 739 PLANNING Upon motton by Councdman Hetschober, seconded by Counctlman Jones, City Counctl ADOPTED the Ordtnance upon apphcatton of BETH SHOLOM TERRACE for a Conditional Use Permtt' ORDINANCE UPONAPPLICA TION OF BETH SHOLOM TERRA CE FOR A CONDITIONAL USE PERMIT FOR AN ASSISTED LIVING FA CILITY R03992257 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon applicatton of Beth Sholom Terrace for a Conchttonal Use Permtt for an assisted hvtng facili_ty at the Southwest tntersectton of Auburn Drive and College Park Boulevard Satd parcel ts located at 6401 Auburn Drive and contatns 6 131 acres (CENTER VILLE - DISTRICT 1) The following condittons shall be required The Con&ttonal Use Permtt approval shall allow the development of an asststed livtng facihty conststtng of 68 beds and shall substanttally adhere to the prehminary site plan, dated December 1998, on file tn the Department of Planmng office The buil&ng materials and colors for the assisted hying structure shall substanttally adhere to the colored rendertng entttled, "Beth Sholom Home of Eastern Virgtma, Ballow Justice Upton Archttects," dated January 15, 1999, on file with the Planntng Department Landscaptng shall substanttally adhere to the prehmtnary landscape plan entttled, "Beth Sholom Home of Eastern VA., Design Edward G Carson, ASLA, "DATED January 18, 1999 The location and design of all proposed extertor stgns must be submttted to and approved by the Director of Planmng prtor to the submission of the stgns for Ctty permtt approvals. Any free stanchng stgns shall be monument style wtth colors and butldtng matertals tn keeping wtth the archttecture of the site An automattc sprtnkler system and an automattc fire alarm system approved by the Office of Fire~Plan Review and the Ctty Ftre Protection Engtneertng shall be tnstalled Such systems shall comply wtth NFPA 13R and NFPA 13 Thts Ordinance shall be effecttve tn accordance with Sectton 107 (.19 of the Zoning Or&nance Adopted by the Counctl of the C~ty of Virginia Beach, Vtrgtnta, on the Ntnth of March, Ntneteen Hundred and Ntnety-Ntne March 9, 1999 Item VI-L4. - 29- PUBLIC HEARING ITEM # 44739 (Continued) PLANNING Votmg. 9-0 (By Consent) Council Members Voting Aye Margaret L Eure, Wtlham W Harrtson, Jr, HaroM Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker and A M "Don" Weeks Council Members Vottng Nay None Council Members Absent. Vtce Mayor Wtlham D Sessoms, Jr. and Ltnwood 0 Branch, III March 9, 1999 Item VI-I.$. - 30- PUBLIC HEARING ITEM # 44740 PLANNING The followtng spoke tn SUPPORT: Grace Arzillo, 1813 Roves Lane, Phone 479-3286 The following registered tn OPPOSITION Vo Tru, 17804 Roves Lane, Phone' 499-2 700 Bemta Adams, 1816 Roves Lane, Phone 479=5397 Cectle Tedesco, 1821 Roves Lane, Phone 479-2305 Amy Dean, 1812 Roves Lane, Phon' 479-2312 A MOTION was made by Council Lady Eure to ADOPT an Ordinance upon Apphcation of GRACE ARZILLO for a Conditional Use Permtt for a home occupatton (daf care) hmittng day care to a total of five chddren, amen&ng the hours of operatton from 6'45 A M. to 6'00 P M. and amending Condttton No 4 to reflectpersons employed tn the home occupatton (day care) wtll be hmtted to the apphcant ~ moil;ct and daughter Satd Motton was WITHDRAWN. Upon motion by Counctl Lady Eure, seconded by Councdman Branch, Ctty Counctl DENIED an Ordinance upon apphcatton of GRACE ARZILLO for a Conchttonal Use Permtt ORDINANCE UPON APPLICATION OF GRACE ARZILLO FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (DAY CARe) Ordinance upon apphcation of Grace Arzdlo for a Conchtional Use Permit for a home occupatton (day care) on Lot 40, Block O, Sectton Two, Part Three, Charlestowne Woods Satd parcel ts located at 1813 Roves Lane and contains 17,000 square feet more or less DISTRICT 1 CENTER VILLE Voting: 9-0 (By Consent) Council Members Vottng Aye Linwood 0 Branch, III, Margaret L Eure, Harold Hetschober, Barbara M Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker and A M "Don" Weeks Council Members Voting Nay None Council Members Abstaimng. Wdham W Harrison, Jr. Council Members Absent Vice Mayor Wtlham D. Sessoms, Jr Counctlman Harrtson ABSTAINED as hts law firm provided legal servtces to the apphcant, Grace Arztllo March 9, 1999 Item VIoI. 5. - 31 - PUBLIC HEARING ITEM # 44741 PLANNING John Faber, 1221 Btrdneck Lake Drtve, represented the apphcant Upon motion by Counctl Lady Eure, seconded by Councdman Hetschober, Ctty Council DEFERRED to the 23 MARCH 1999 CITY COUNCIL SESSION Ordmance upon appltcatton of Z-1 COMMERCIAL PROPERTIES, LLC, fora Condtttonal Change of Zonmg Dtstrtct Classtficatton' ORDINANCE UPON APPLICATION OF Z-1 COMMERCIAL PROPERTIES, L L C FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM I-1 TO CONDITIONAL B-2 Ordtnance upon apphcatton of Z-1 Commerctal Properties, L L C, for a Change of Zontng Dtstrtct Classtficatton from I-1 Ltght Industrtal to Condtttonal B-2 Communtty Bustness Dtstrtct on certatn property located at the northeast tntersectton of In&an Rtver Road and Mthtary Htghway The proposed zoning classtficatton change to Condtttonal B-2 ts for bustness commerctal land use The Comprehenstve Plan recommends use of thts parcel for bustness parks, offices, and employment support uses that are tn accordance with other plan pohctes. Said parcels are located at 820, 830 and 840 South Mthtary Htghway and at 6404 Indian Rtver Road and contain 4 2 acres more or less DISTRICT 1 o CENTER VILLE Vottng. 9-0 (By ConsenO Councd Members Voting Aye Margaret L Eure, Wtlham W Harrison, Jr, Harold Hetschober, Barbara M Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker and A. M "Don" Weeks Council Members Voting Nay None Counctl Members Absent' Vtce Mayor Wtlham D Sessoms, Jr and Ltnwood 0 Branch, III March 9, 1999 Item VI-~. - 32 - APPOINTMENTS ITEM # 44 742 B Y CONSENSUS, City Council RESCHEDULED: EROSION COMMISSION PARKS AND RECREATION COMMISSION March 9, 1999 Item VI-L. 1. - 33 - NE W BUSINESS ITEM # 44 743 Upon motion by Counctlman Harrison, seconded by Councilman Branch, City Counctl ADOPTED: Resolutton referrtng to the Planntng Commission a proposed Amendment to Section 801 of the City Zoning Ordtnance (CZO) re hair care centers Vottng 10-0 Council Members Voting Aye Lmwood 0 Branch, III, Margaret L. Eure, Wilham W. Harrtson, Jr, HaroM Hetschober, Jr, Barbara M. Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D. Sessoms, Jr and A M. "Don" Weeks Council Members Voting Nay: None Council Members Absent' Vice Mayor Wtlliam D Sessoms, March 9, 1999 Requested by Councilmember William W. Harrison, Jr. A RESOLUTION REFERRING TO THE PLANNING COMMISSION A PROPOSED AMENDMENT TO SECTION 801 OF THE CITY ZONING ORDINANCE, PERTAINING TO HAIR CARE CENTERS WHEREAS, the public necessity, convenience, general welfare 7 and good zoning practice so require; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1G There is hereby referred to the Planning Commission, for its 11 consideration and recommendation, a proposed amendment to Section 801 of the City Zoning Ordinance, allowing hair care centers as a conditional use in the O-1 and 0-2 Office Districts. The Planning Commission is directed to make its recommendations concerning the proposed amendment within sixty (60) days of the date of adoption 16 of this resolution. A true copy of such proposed amendment is hereto attached. 18 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 9 day of March , 1999. 2o CA- 72 81 21 noncode\parlor, res 22 R-2 23 March 5, 1999 24 25 26 APPROVED AS TO CONTENT: De~rtmeht o~ Pia~ing 27 28 29 3O APPROVED AS TO LEGAL SUFFICIENCY: Department of Law ~ AN ORDINANCE TO AMEND SECTION 801 OF THE CITY ZONING ORDINANCE BY ALLOWING HAIR CARE CENTERS AS A CONDITIONAL USE IN THE O-1 AND 0-2 OFFICE DISTRICTS SECTION AMENDED: CZO § 801 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 801 of the City Zoning Ordinance is hereby 9 amended and reordained to read as follows: 10 Sec. 801. Use regulations. 11 (a) Principal and conditional uses. The following chart lists 12 those uses permitted within the 0-1 and 0-2 Office Districts. Those 13 uses and structures in the respective Office Districts shall be 14 permitted as either principal uses indicated by a "P" or as 15 conditional uses indicated by a "C." Uses and structures indicated 16 by an "X" shall be prohibited in the respective districts. No uses 17 or structures other than as specified shall be permitted. 18 Use O1 02 19 20 Hair care centers including 21 barber shops and beauty salons 22 2 3 COMMENT 24 25 26 27 Currently, hair care centers such as barber shops and beauty salons are not allowed uses under the O-1 and 0-2 Office Districts use regulations. There has been a demonstrated need for such uses in this zoning district. The amendment would allow hair care centers as a conditional use in the O-1 and 0-2 Office Districts. 28 (b) Accessory uses and structures. Uses and structures which 29 are customarily accessory and clearly incidental and subordinate to 30 principal uses and structures, including but not limited to: 31 (1) As appropriate to the principal use, ethical pharmacies, 32 dental laboratories, and the fitting and sale of 33 eyeglasses, hearing aids, prosthetic appliances, and the 34 like, provided that no such accessory use in combination, 35 shall occupy more than ten (10) percent of the total 36 floor area involved in the principal use. 37 Adopted by the City Council of the City of Virginia Beach, 38 Virginia, on this day of , 1999. 39 40 41 42 43 CA-7282 DATA/ORD IN/PROPOSED/45 - 0801. ORD R-2 PREPARED: March 5, 1999 APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICIENCY: Department of Law~J Item VI-L.2. - 34 - NEW BUSINESS ITEM # 44 744 Assistant City Attorney Wilham Macah presented tnformatton relative the negottations of the Ltatson Committee, conststing of Counctl Members Reba McClanan and Louts Jones, relative the Policypertaining to certain utility and telecommunication facilities. Mr Macah advised he had just spoken with the Vice Prestdent of Cox Communications and he had agreed to thts pohcy However, there are a few mtnor potnts, which Cox destres to discuss Thts pohcy governs the locatton and installation of all electrtcal, telecommuntcatton and natural gas facthttes such as pedestals, power supphes, generators, etc, whtch are greater than seven (7) cubtc feet tn stze and located on-grade tn the pubhc rtght-of-way or developed restdenttal areas of the Ctty It does not apply to facihttes governed by Section 5 10 of the Subdtvtston Ordinance or to the replacement of extsttng facthttes unless such facdtttes are enlarged, expanded or relocated Cox has requested this seven cubtc feet be changed to seven and 'one half This change was requested approximately one hour ago This change would not affect the smaller boxes nor the larger cabtnets, but does affect the low boys The locatton ts the heart of this Policy and the City and Cox wtll jotntly attempt to find the best locattons These are always designed on a "node by node" basts Facthttes shall be located, if possible, on rtghts-of- way adjacent to extsttng Ctty property, such as pump station sttes, parks and school sites' In cases where the City staff determines the proposed locattons do not adversely tmpact the health and safety of the residents, the continued safe use of City rtghts-of-way, and are located on rtghts-of-way adjacent to Ctty property or rtghts-of-way adjacent to extsttng commercial, mdustrtal or office use, the utthty shall submtt the approprtate plans and apphcations for a permtt to construct thts locatton The Ctty wtll revtew these plans tn a ttmely manner and approve, or dtsapprove, the plans tn wrtttng. In cases where the Ctty staff determines that a suitable location cannot be found on rtghts-of-way adjacent to existing city property such as pump stattons, parks or schools or rights-of-way adjacent to extsting commerctal, tndustrtal or office use and, therefore, must be located along rtghts-of-way adjacent to an extsttng restdential use, City staff and the utthty shall work together to propose the best posstble locatton for facthttes tn order to mtntmtze the aesthetic impact on the adjacent properties and protect the extsttng vtsual characteristtcs of the Ctty's residential neighborhoods Every effort must be made to locate the proposed factltttes tn the most unobtrustve locatton posstble taktng advantage of any extsttng natural vegetatton and screemng Cox has requested the City make provtstons for some form of review on an EXPEDITED basts State law provtdes that telecommumcations 'facilities permtts must be issued or dented wtth reasons for dental wtthm, forty-five days. Mr. Macah beheved this could be done tn less than forty-five days When Ctty staff determtnes that the Utihty has proposed the best posstble locatton , the Utthty and the Ctty shalljotntly approach the adjacent property owner, or owners, to disclose the proposed locatton The Utihty and the Ctty shall consult with the owner and negottate any reasonable concerns Actions taken to address reasonable concerns may tnclude, but are not hmtted to, minor adjustments to the locatton of whtch the City and the utthty agree ts posstble, or adjustments to the locatton, moving it out of the rtght-of-way and onto the owner's propertyfor whtch the property owner agrees to grant the Utthty an easement Should the adjacentproperty owner, or owners, concur wtth the locatton as proposed or mutually negottated, the Utthty shall submit the approprtate plans and applicattons for a pertod to construct thts locatton wtthtn the rtghts- of-way The City wtll revtew these plans tn a timely manner and approve or dtsapprove the plans tn wrtttng Should the adjacent property owner or owners not concur wtth the location as proposed and Ctty staff determtnes that this property owner's concerns are reasonable and vahd and that no approprtate solution can be successfully negottated, the Uttltty shah propose an alternative design location. Facilities shall be enclosed tn the least obtrusive cabinet stze and shall be of a color (posstbly dark green) which renders them as vtsually unobtrustve as is reasonably posstble Facilities shall be landscaped ustng one of three landscapingplans provtded by the City. Cox has requested there be a provtston for not requtrtng landscaptng, tf they are already tn a place where there ts natural landscaptng or arttfictal landscaptng has been provided Coptes of the landscaptng plans shall be provided to Ctty Counctl B Y CONSENSUS, Ctty Councd ACCEPTED, SUBJECT TO MINOR REVISIONS' Policy re certain utility and telecommunication facilities (other than those dehneated in Section 5.10 of the City's Subdivtston Ordtnance) pertatntng to authortty, standards, locatton, construction and apphcatton. March 9, 1999 City of Virginia Beach OFFICE OF THE CITY MANAGER (804) 427-4242 FAX (804) 427 4135 TDD (804) 427-4305 MUNICIPAL CENTER VIRGINIA BEACH VIRGINIA 23456 9001 POLICY PERTAINING TO CERTAIN FACILITIES LOCATED IN THE PUBLIC RIGHTS-OF-WAY Applicability: This policy govems the location and installation of all electrical, telecommunications (including facilities used for the provision of digital tel&bihon or high-speed data transmission) and natural gas facilities, such as pedestals, power supplies, generators, etc., which are greater than seven and one-half (7-1/2) cubic feet in size and located on grade in the public right-of-way in developed residential areas of the City. It does not apply to facilities governed by Section 5.10 of the Subdivision Ordinance or to the replacement of existing facilities unless such facilities are substantially enlarged, expanded or reloc.ated. Purpose: The anticipated increase in construction/installation of electric, telecommunications and other facilities as the result of industry deregulation has given rise to legitimate aesthetic concerns and concerns about maintaining residential property values, as well as a need to manage public rights-of-way to avoid conflicts and protect the public safety and welfare. , Authority: All franchise agreements (VEPCO, GTE, Bell Atlantic and Cox Communications) allow franchisees to place facilities in the public rights-of-way, but all are subject to the lawful exercise of the City's police powers. Location: (a) Placement adjacent to City or commerczal, etc. property. Facilities shall be located, if possible, on rights-of-way adjacent to existing City property, such as pump station sites, parks, and school sites. In cases where the City staffdetermines the proposed locations do not adversely impact the safety and welfare of residents, the safe use of City rights-of-way, and are located on fights-of- way adjacent to City property or fights-of-way adjacent to existing commercial, industrial or office use, the utihty shall submit the appropriate plans and applications for a permit to construct this location. The City shall review these plans in a timely manner, and shall approve or disapprove the plans in writing. Co) Placement adjacent to residenttal property wtth concurrence of adjacent property owner. In cases in which the City staff determines that a suitable location cannot be found on rights- of-way adjacent to existing city property such as pump stations, parks or schools or fights-of-way adjacent to existing commercial, industrial or office use and therefore must be located along rights- of-way adjacent to an existing residential use, City staffand the utility shall work together to propose the best possible location for facilities in order to minimize the aesthetic impact on the adjacent properties and protect the existing visual characteristics of the City's residential neighborhoods. Every effort must be made to locate the proposed facilities in the most unobtrusive location possible taking advantage of any existing natural vegetation and screening. When City staffdetermines that the utility has proposed the best possible location, the utility and the City shall jointly contact the adjacent property owner or owners to disclose the proposed locatmn. The utility and the City shall consult with the owner and negotiate to address any reasonable coficerns related to the purpose of this policy. Actions taken to address reasonable concerns may include, but are not limited to, minor adjustments to the location for which the City and the utility agree is possible, or adjustments to the location moving ~t out of the right-of-way and onto the owner's property for which the property owner agrees to grant the utility an easement. If the adjacent property owner or owners concur with the location as proposed or mutually negotiated, the utility shall submit the appropriate plans and applications for a permit to construct this location within the rights-of-way. The City will review these plans in a timely manner and approve or disapprove the plans in writing. Where a private easement is negotiated, the utility shall advise the City of this resolution and proceed pursuant to the agreement. · (c) Placement adjacent to restdentialpropertywithout concurrence of adjacentproperty owner. If the adjacent property owner or owners do not concur with the location as proposed and City staff'determines that the reasons therefor are reasonable and vahd and are based upon concerns sought to be addressed by this policy, and that no appropriate solutions can be, successfully negotiated, the utility shall propose an alternate design locatmn. If the adjacent property owner or owners do not concur with the location as proposed and City staff determines that the reasons therefor are not reasonable or valid or are not based upon concerns sought to be addressed by this policy, and that all appropriate solutions have been proposed and rejected, the utihty shall be allowed to submit the appropriate plans and apphcations for a permit for the locatmn as proposed by the utility. The City will review these plans ~n a timely manner and approve or disapprove the plans in writing. Construction: All facihties subject to this policy shall be constructed in accordance w~th all applicable ordinances, specificatmns and standards of the City. (a) Facilities shall be enclosed in the least obtrusive cabinet size and shall be of a color which renders them as visually unobtrusive as is reasonably possible. (b) Facilities shall be installed in a workmanlike manner, such that ~nstalled facihties shall be level, vertical, and square to the street; and, shall be maintained in this con&tion. (c) Facilities shall be landscaped so as to provide the maximum degree of screening practicable in light of site con&tions and the need for access to such facilities. Waivers or reduction of landscaping may be granted by the City upon a showing of good cause therefor. All plant material shall be: 1. of a type specified by the Division of Landscape Services; 2. in good condition when installed; and , installed in accordance with accepted industry practices. The utility shall be responsible for replacing any dead, dying or unhealthy plants for a period of one (1) year after installation. Application: Application for permits shall be on forms prescribed by the Planning Director or his designee. Such application shall also be accompanied by i~lans showing all information required by the Planning Director or his designee and such other and further information as the Planning Director or his designee may require in order to demonstrate compliance with the siting priority requirements set forth in the Standards section of this policy Other: The requirements of this Policy shall be in addition to, and not in lieu of, the provisions of Chapter 33 of the City Code and any other applicable codes, ordinances, regulations or requirements of federal, state or local law. Effective Date: This policy shall take effect upon execution by the City Manager. Date wmmlworklutthty poi 12-31-98 rev 1-4-99 rev 1-8-99 rev 3-4-99 rev 3-8-99 rev 3-12-99 Item VI-L.3. - 35 - NE W BUSINESS ITEM # 44 745 The City Manager presented tnformatton relattve the Virginia Beach Police Department Reorganization Plan. The reorganizatton attempts to enhance the management capacity tn the department and focuses on two major operatton dtvtstons, each to be headed by a Deputy Chtef The current structure includes two majors - one who commands the Operations Dtvtsion and one who commands the Support Divtston (currently vacanO. The regtonal orgamzation plan calls for the realignment of command to tnclude Deputy Chief tn command ora newly-created lnvestigative Dtvision, a Deputy Chtef tn command of the Operattons Division, and a Ctvtltan Manger tn charge of the Support Dtvtston One ad&ttonal captatn and two extsttng captains wtll staff the Operations Divtston's Command Duty Office and wtll serve as the Department's Ctty- wide Commanders durtng evening and night shtfts. The addtttonal management ts a response to the poltce department's growth from 391 sworn officers and 157 ctvthan personnel tn 1981 to a current level of 762 officers plus 216 civtltan personnel Thts represented a stgntficant mcrease of (43Opersonnel) durmg an 18 year period. There wtll be creation of an Investtgattve Dtvtston, headed by a Deputy Chtef, whtch wtll include Detective Bureau, Precinct Detectives, Warrant Squad, Spectal Investigations, The Forensic Service Untt and Crtme Analysis/Pawn Unit The Major's postttons wtll be renamed to "Deputy Chtef" Management of the Communications Division wtll be transttioned to the Department of Information Technology. Council Lady McClanan expressed concern about this reorgantzatton wtth regard to the Communtcattons Diviston. Change needs to be discussed wtth those involved Councd Lady McClanan requested what amount of the funds from the E-911 fee wtll conttnue to be utiltzed for Emergency Servtces The Ctty Manager advtsed 100% of the funds wtll conttnue to go tnto the Emergency Commumcattons system. Counctl Lady Henley inqutred tf there was a $250,000 study recommenchng the Communications Division stay with the Police Department. The City Manager advised a study was conducted for the purposes of evaluating the needs of the system. An Executtve Summary was forwarded to Members of City Councd This was the consulttng report discussed prtor to the dectston to expend the $12 8-MILLION to upgrade the system Thts study was matnly focused on the technology and phystcal needs of the system. March 9, 1999 Item VI-M. - 36- ADJOURNMENT ITEM # 44746 Mayor Meyera E Oberndorf DECLARED the City Council Meettng ADJOURNED at 5:30 P.M. Chtef Deputy Ctty Clerk ~'dges Smtth, CMC/AAE Ctty Clerk Meyera E Oberndorf Mayor Ctty of Vtrgima Beach Virgtnta March 9, 1999