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HomeMy WebLinkAboutAPRIL 27, 1999 MINUTESCity of Virginia Beach "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MA YOR MEYERA E OBERNDORF At Large V/( E MAYOR WILLIAM D SESSOMS JR At Large LINWOOD 0 BRANCH II! Dtstru t 6 Bea(h MARGARETL EURE Dtstrt(t I (entervtlle WILLIAM W HARRISON JR Dtstrtct 5 l ynnha}en HAROLD HEISCHOBER At Large BARBARA M HENLEY Dtstrtct 7 Prtmess Anne LOUIS R JONES Dtstrt~t 4 Baysule REBA S McCLANAN Dtstrtct 3 Ro3e Itall NANCY K PARKER At-Large A M (DON) WEEKS Dtstrt(t 2 Kempsvdle JAMES K SPORE Ctty Manager LESLIE L LILLEY Ctty Attorney RU I'H HODGES SMITH CMC/AAE Ctty Clerk CITY COUNCIL AGENDA OUR CITY HALL BUILDING I 2401 COURTHOUSE DRIVE I, TRGINIA BEACH VIRGINIA 23456 9005 PttONE (757)427 4~0~ FAX (757) 426 5669 LMAIL CTYCNCL~CITY VIRGINIA BEACH VA U' Apnl 27, 1999 I. CITY MANAGER'S BRIEFINGS - Conference Room - 1:30 PM Ao Bo AGING INFRASTRUCTURE [45 min.] Clarence Wamstaff, Director, Department of Public Utilities/Public Works TRT/PENTRAN COST ALLOCATION [45 min.] Les Lflley, C~ty Attorney Patti Phdlips, Director, Department of Finance II CITY COUNCIL WORKSHOP 3:00 PM mo MANAGEMENT RESOURCE PLAN [1 hr. 45 min.] E. Dean Block, Director, Department of Management Services III. REVIEW OF AGENDA ITEMS [5 min.] IV. CITY COUNCIL COMMENTS [10 min.] V. INFORMAL SESSION - Conference Room- 5:30 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 - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Terry Rolen F~rst Church of God of Virgima Beach 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 - April 13, 1999 2. PUBLIC HEARING: MANAGEMENT RESOURCE PLAN - April 15, 1999 Go AGENDA FOR FORMAL SESSION The Consent Agenda wdl be determtned durtng the Agenda Review Session and constdered tn the or&nary course of bustness by Ctty Councd to be enacted by one motion. H. PRESENTATIONS 1. PROCLAMATION- SPECIAL OLYMPICS DAY: May 1, 1999 Robert Miller, President - Area II Anthony Sweeney, Athlete . , SURFING ACCESS FOR EVERYONE (SAFE) John Hooker FALSE CAPE LODGE Donald Maxwell, Director, Department of Economic Development I. PUBLIC HEARING 1. LEASE OF CITY-OWNED PROPERTY - 2200 Parks Avenue (BEACH - DISTRICT 6) J. ORDINANCES/RESOLUTION , Ordinance re LEASE of city-owned property at 2200 Parks Avenue to the Contemporary Art Center of Virginia for a term of five (5) years, commencing May 2, 1999, and ending April 30, 2004; and, authorize the City Manager to enter into an agreement with the Art Center (BEACH - DISTRICT 6). , Ordinance to APPROPRIATE $233,433 from grants and additional state funding to the FY1998-1999 Operating Budget of the Community Services Board re additional MH/MR staff and vehicles necessary to service clients; increase full-time positions by five (5); and, estimated revenue be increased accordingly. , Ordinance to grant CAVALIER TELEPHONE, L.L.C., a temporary nonexclusive revocable license to construct, maintain and operate telecommunication facilities in, over, under and across the City's public ways; and, to authorize and direct the City Manager to execute such Agreement. e . Ordinance to authorize temporary encroachments into a portion of the City's right-of-way at Mediterranean Avenue, 14th Street and 16th Street by VIRGINIA BEACH PENTECOSTAL CHURCH OF CHRIST re erection and maintenance of four directional signs (BEACH - DISTRICT 6) (Deferred April 13, 1999) Resolution to authorize the adoption and promulgation of Amendment Number 5 of the Specifications and Standards Manual developed by the Engineenng Division of the Department of Public Works. K, PUBLIC HEARING- PLANNING PLANNING BY CONSENT - To be determined during the Agenda Review Session. o Application of DOUGLAS C. BURLAGE,INC., for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots created to meet all requirements of the City Zoning Ordinance on the East side of Baker Road, 165 feet North of Wesleyan Drive (BAYSIDE- DISTRICT 4). Recommendation: APPROVAL , Application of ROCK CHURCH for a Conditional Use Permit for a child care education center in a church at the Northeast intersection of Kempsville Road and Manor Drive (580 Kempsvllle Road), containing 7.72 acres (KEMPSVILLE - DISTRICT 2). Deferred: Staft Recommendation: Commission Recommendation: January 26, 1999 ADDITIONAL 90-DAY DEFERRAL APPROVAL e Application ofLENWOOD B. IRELAND for a Conditional Use Permit for a community boat dock at the Eastern extremity of Sparrow Road on Parcel C-l, subdivision of property of Lenwood B. & Robin S. Ireland, containing 8,505 square feet (CENTERVILLE - DISTRICT 1). Recommendation: APPROVAL o Application of VIRGINIA BEACH PROFESSIONAL FIREFIGHTERS LOCAL #2924 for a Conditional Use Permit for a fraternal organization lodge on the East side of Princess Anne Road, South of the intersection with Sandbridge Road (2020 Princess Anne Road), containing 8 acres (PRINCESS ANNE - DISTRICT 7) Recommendation: APPROVAL . Applications of M and M DEVELOPMENT ASSOCIATES, L.L.C., for Change of Zoning District Classifications (PRINCESS ANNE - DISTRICT 7): a° AG-1 and AG-2 Agricultural Districts and R-20 Residential District to Conditional O-1 Office District on the following 8 acres: (1) Parcel 1: West side of General Booth Boulevard beginning at a point 830 feet more or less South of Ferrell Parkway. (2) Parcel 2: West side of General Booth Boulevard beginning at a point 480 feet more or less North of Huckleberry Trail. b, AG-1 and AG-2 Agricultural D~stncts and R-20 Residential District to Conditional A- 18 Apartment District on the Northwest side of General Booth Boulevard, 250 feet more or less South of Ferrell Parkway, containing 14.76 acres. Recommendation: APPROVAL , Application of TURNER and ASSOCIATES REALTY, INC., for a Change of Zoning Classification from AG-2 Agricultural District to Conditional B-2 Community Business District on the South side of Sandbridge Road at its intersection with Painters Lane, contaimng 2.148 acres (PRINCESS ANNE - DISTRICT 7). Recommendation: DENIAL Lo APPOINTMENTS ARTS AND HUMANITIES COMMISSION HAMPTON ROADS PLANNING DISTRICT COMMISSION WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS 1. ABSTRACT OF LEGAL CASES RESOLVED - MARCH 1999 O. ADJOURNMENT MANAGEMENT RESOURCE PLAN FY 1999-2000 OPERATING BUDGET & C I P SCHEDULE DATE TIME BUDGET UNIT Tuesday, May 4 - Workshop 10 AM - Noon Operational Support - continued Council Conference Room Human Resources Information Technology Non-Departmental V~deo Services Pohc¥ and Decision Support Debt Service Tuesday, May 4 2 PM Public Hearing - Council Chambers Thursday, May 6 - Workshop 3 PM - 5 PM Reconcd~at~on Council Conference Room Tuesday, May 11 2 PM Council Action - Council Chambers If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 04/23/99BAP AGENDA\04/27/99.PLN www.virginla-beach.va, us MINUTES VIRGINIA BEACH CITY COUNCIL V~rg~n~a Beach, V~rgima April 27, 1999 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING re AGING INFRASTRUCTURE in the Council Conference Room, City Hall Building, on Aprtl 2 7, 1999, at I 30 P M Council Members Present' Linwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Mayor Meyera E Oberndorf, Vtce Mayor Wtlham D Sessoms, Jr and A M "Don" Weeks Councd Members Absent Wtlliam W Harrison, Jr Harold He~schober Reba S. McClanan Nancy K Parker [ENTERED 6 O0 P M] [ABSENT DUE TO ILLNESS] [ENTERED 2 25 P M SPEAKING A T AARP] [MOTHER VERY ILL IN CHARLOTTE, NORTH CAROLINA] -2- CI T Y COUNCIL B R IE FIN G AGING INFRAS TR UCTURE 1:30 P.M. ITEM # 44881 Clarence Warnstaff, Director- Pubhc Utdtttes/Pubhc Works, advtsed during 1998 ajotnt Commtttee was created of Council Members, City and School Board staff to determine the best fun&ng sources and mechamsms for matntatntng the Ctty's tnfrastructure at an acceptable conchtton or servtce level Margaret L Eure Counctl Lady Nancy K Parker Council Lady Leshe L Ltlley City Attorney Anthony L Arnold Vtrgtnta Beach Pubhc Schools David M Grochmal Dtrector of General Servtces Walter C Kraemer Department of Management Servtces Clarence Warnstaff Acttng Dtrector- Department of Pubhc Works George N Tzavaras Department of Pubhc Works A sampling of the Ctty's tnfrastructure includes 3,150 lane miles of road pavement, 2,355 miles of sidewalk, 2, 753 miles of sewer and water lines, 83 schools and 204 public buildings The total current replacement value of the City's infrastructure is estimated to be $5.38-BILLION The Ctty of Vtrgtnta Beach is a relatively young city, whtch has pursued quahty tn tts tnfrastructure tnvestment Demanchng htgh quality public tnfrastructure has resulted tn excellent facthttes supporting quahty servtces As with any facthty, age demands tncreased matntenance and attention. Roadways need repavtng and reconstruction, butldtngs need patnt and new roofs, etc The figures contatned tn the report are really from 1998-1999 and as new tnfrastructure ts added to the Ctty, these numbers tend to tncrease There are many ttems tn the Ctty's tnfrastructure whtch are not hsted One example ts Sanitary Sewer manholes and the number of fire hydrants The Committee conducted thts study by reviewing prevtous Ctty reports on the agtng tnfrastructure, all of the tnfrastructure asset categortes and planned City expenditures for matntenance and repatr The Commtttee also stuched what was happening at the State level and how the Vtrgtnta Beach sttuatton compared to the nattonal tssue of aging tnfrastructure. Thetr acttvtttes accomphshed the followtng Updated the City's infrastructure asset category list, the replacement value and the renewal and replacement budget expenditures for FY 1998-99 Examined the asset categories and their current funding sources. Evaluated funding mechanisms currently tn place for each asset category Aprtl 27, 1999 -3- CI T Y COUNCIL B R IE FIN G AGING INFRASTRUCTURE ITEM # 44881 (Continued) Conducted a thorough search of the literature to see what industry standards are typically recommended for funding infrastructure maintenance and repair Le. "Rebuiid American Coalition". The prtce tag for the Umted States Infrastructure (roads/brtdges/htghways, mass transit, atrports, schools and wastewater) was $853-BILLION Other tmpresstve documents were "Case for Infra structurtng Investment, Quahty of Ltfe, The Unspoken Promtse ", a report from EP,4 to the Congress, Pubhc Works Ftnanctng Newsletter (1992) and ,4mertcan Soctety of Ctvtl Engtneers News Release (March 5, 1998) The Amertcan Soctety of Ctvtl Engtneers gtves the natron very poor grades tn relation to infrastructure Thts newsletter tndtcates, that as a natron, over the next five years wtll be approxtmately SI- TRILLION ts expended ,4 document from the Department of Defense refers to the Pubhc Works type of facthttes to support the Department of Defense and tndtcated tn 1989 the replacement value for the mthtary facthttes was approxtmately $500-BILLION In 1989, the government was expendtng approxtmately $ 7-BILLION tn matntenance and repatr, or 1 4% of their replacement value A report from the City of New York tn 1998 dtd not tdenttf-y thetr replacement costs of thetr system's tnfrastructure, but dtd tndtcate they were factng a $40-BILLION shortfall over the next ten-year pertod because of the lack of proper matntenance and repair tn earher years. A 1987 document from the Ctty of Ctnctnnatt advtsed replacement value for thetr system assets was approximately $10-BILLION (twice the amount esttmated for Vtrgtnta Beach) Thts report recommended there be an tncrease of l/lO of l% tn the Ctty's earntng tax as well as several rate tncreases. Identified current efforts to secure additional funding for repair and replacement of infrastructure by the Governor and General ,4ssembly 6 Conducted a detailed review of highway, school and storm water infrastructure expenditures and anticipated funding. For all asset categortes projected the proposed six year maintenance, repair and replacement expenditures as shown in the the FY 98-99/03-04 CIP. 8 Evaluated various funding alternatives to determtne the most approprtate recommendattons from Vtrgtnta Beach Mr Warnstaff ctted the FINDINGS: The Ctty has recogntzed the importance of protecting the huge taxpayer investment in infrastructure through tncreases tn matntenance and repatr spendtng and focused programs. The Commtttee also found that while much has been wrttten and satd about the agtng tnfrastructure issue, the magmtude ts daunttng for many ctttes The City staff ts currently in the process of creattng an Asset Management System for the City's infrastructure Thts system wtll tnclude the following for each asset category tnventory, condttton assessment, current level of servtce and cost of maktng repatrs The system wtll take at least 2-3 years to complete for all asset categortes tffundtng ts continued Once complete, the system will allow dectston makers to determtne the destred level of servtce for each asset and the corresponding cost of annual repairs to achieve that level of service ,4prt127, 1999 -4- CI T Y COUNCIL B R IE FIN G AGING INFRASTRUCTURE ITEM # 44881 (Continued) There are many research groups, government orgamzattons and special tnterest groups whtch promote the need for reverstng the dechne tn Amertca's tnvestment tn infrastructure The Rebuild America Coalition is a broad coalition of 60 national, public and private organizations who beheve that "our natton's economic compettttveness and well betng are dtrectly hnked to the condttton and quahty of our Country's tnfrastructure and servtces" Thts group, and many others support the idea that infrastructure owners must tnvest 2% - 4% of the replacement value each year into matntenance and repatr of thetr infrastructure in order to matntatn tts quahty and functtonahty Since Virginia Beach ts a relatively young City and the Ctty's leadership has recognized the need to protect the huge pubhc tnvestment by constructtng htgh quahty tnfrastructure over the years, our needs are not as great as the average Ctty Therefore a, a more appropriate goal for Vtrgtnta Beach would be at the lower end of thts spectrum or approximately 2 % of replacement value. Vtrgtnta Beach has budgeted $94,937,557 for infrastructure matntenance and repatr whtch ts 1. 7% of estimated replacement value. The FY 1999-2000 Proposed Budget tncluded $101,302,352 for maintenance and repair or 1.82% of replacement value For the enttre stx-year CIP the total projected to be spent for tnfrastructure matntenance and repatr averages from 1.5% to 1.82% of replacement value each year, which approxtmates the 2% recommended goal It ts estimated that by tncreastng maintenance and repatr fundtng by approxtmately SI-MILLION annually compounded over 12 years, the goal of 2% of replacement value can be achieved, assumtng maintenance, repatr and CIP growth conttnues at current rates The current six year CIP funding for school maintenance and repair exceeds 3 % of replacement value Thts tncludes partial fundtng of the School Moderntzatton program, but does not include funds from the lottery proceeds proposed by the General Assembly except tn FY 1999-2000 On February 2, 1999, the School Board adopted a resolution dtrecttng that all future State Lottery funds be applied to the School Modernization program, which is estimated to add in excess of $80-MILLION over the next 10 years. The Vtrgtnta Department of Transportaaon utdizes a formula estabhshed by the Legtslature to reimburse ctttes for roadway maintenance However, tn Virginia Beach thts fundtngfalls short of the actual amount spent by the Cttyfor roadway maintenance In FY97-98, Virginia Beach spent $35.7-MILLIONon roadway maintenance and I/DOT reimbursed the City $23.7-MILLION or 66% Over the last 10 years, the Ctty has taken pride tn its roadway maintenance and repair to keep the roadway system in relattvely good condttion The storm water, water and sewer utility systems are funded by sources of revenues separate from the General Fund System expansion is chctated by the growth patters of the City which, tn turn, changes the matntenance and repatr requtrements of the utthty systems over time The enttre program of each utility ts betng examined to determine t. lethe needs for matntenance and repair are approprtately balanced wtth the needs for new construction within the current and projected revenues April 27, 1999 -5- CI T Y COUNCIL BRIEFING AGING INFRASTRUCTURE ITEM # 44881 (Continued) The Committee's recommended destred outcome ts to adequately matntatn Ctty tnfrastructure There are two strategies the Commtttee feels should be pursued to achieve this outcome Reallocation of existing resources Conttnue and fund the ongotng infrastructure inventory and condttton assessment to more accurately quantify the agtng infrastructure tssue and tdenttfy the most tmmechate needs. Develop a pohcy to treat infrastructure Matntenance and Repatr costs as fixed costs for new projects Program the requtred matntenance and repatr tn the CIP each year at approximately 2% of Replacement Value for all new projects Develop a Counctl Pohcy estabhshtng an infrastructure matntenance and repatr fundtng target of the generally accepted industry standard or when the con&tton assessment ts complete, the amount needed to matntatn the Ctty's tnfrastructure tn good condttton In the tntertm, an tncrease tn matntenance and repatr fundtng by approxtmately SI-MILLION annually compounded over 12 years should achteve thts goal Study the feastbthty of an tnternal servtce fund for admtntstrattve/muntctpal butldtng operattons, matntenance and repair, estabhshtng a "rental "fee for space users similar to the risk management or tnformatton technology tnternal service fund Consider and evaluate all new infrastructure projects as can&dates for prtvattzatton, outsourctng, or pubhc-prtvate venture intttattves to reduce the public matntenance and repatr reqmrements assoctated with new tnfrastructure Obtain additional "outside" resources Work with the Hampton Roads Planmng Dtstrtct Commtsston (HRPDC) and the State Delegatton to support more permanent and adequate state support for school, roadway and other tnfrastructure maintenance and repair Work wtth HRPDC, the Vtrgtma Mumctpal League and Vtrgtnta Assoctatton of Counttes, the Hampton Roads Chamber of Commerce, and other groups as needed to change the formula, thereby tncreastng the state allocation of roadway matntenance fundtng per lane-mtle for the regton B Y CONSENSUS, the City Council Policy for Maintaining City Infrastructure shall be SCHEDULED for the Ctty Counctl Sesston of May 11, 1999 Aprt12 7, 1999 -6- CI T YMANAGER'S B R IE FIN G TR T/PENTRAN COST ALL OCA TION ITEM # 44882 2:17 P. M. Leslie L Ldley, Ctty Attorney, advtsed at the Ctty Councd Sesston of Aprd 13, 1999, some concerns were expressed about the tssue of the abthty of the proposed Hampton Roads Transportation District Commission to construct a Light Rail project in the City of Virginia Beach over the City's objection, and about the allocatton of dedicated revenues, such as revenues derived from possibly a gasoline tax. The proposed Cost Allocation Agreementprovtdes tn Arttcle IV, Sectton F, that each parttctpattng ctty will have final determtnatton on the type, amount, and location of pubhc transportation servtce withtn its borders Nothing tn this Agreement will be construed as a requirement that a parttctpattng ctty must provide public transportatton servtces Relative Article IX, H., of the Cost Allocation Agreement, the tssue of the allocation of dechcated revenues, the City's representattves were asked at the Aprd 16 meettng to drafi proposed language addresstng those concerns Mr Ldley requested Ctty Councd's gutdance Present Provision Dedicated revenues, such as a tax, on gasohne wtll be allocated by the Commtsston Proposed Provision: H To the extent permttted by law, de&cated revenues generated tn each parttctpattng ctty be allocated to that parttcipattng ctty, unless the governtng body thereof authortzes an alternattve allocation based upon a finding that such alternative allocation encourages the most effecttve and effictent operation of the regtonal transportatton system The Commtsston shall request the General Assembly, tn any legislation it may enact whtch estabhshes a source of dedicated revenues, to permtt the Commtsston to allocate such dedtcated revenues tn a manner conststent wtth thts provtston Alternative Provision 1: H To the extent permttted by law, dedtcated revenues collected wtthtn the boundartes of a parttctpattng ctty wdl be used to provide transportatton servtces tn or for such parttctpattng ctty, unless the govermng body of that parttctpattng city authorizes an alternative allocatton based upon a findtng that such alternattve allocatton encourages the most effective and effictent operatton of the Regtonal Transportatton System. Alternative Provision 2: H To the extent permttted by law, dedtcated revenues generated tn each parttctpattng ctty wtll be allocated for the transtt needs of the partictpattng ctty, provtded, however, that such revenues collected wtthtn the boundartes of a parttctpattng ctty wtll be used to provtde transportation servtces tn or for such parttctpattng ctty unless at least one of these Commtssioners representtng the parttcular city votces affirmattvely to expend such revenues or a portton of such revenues otherwtse Patrtcta Philltps, Director of Ftnance, advtsed the Cost Allocation Agreement has been utthzed for years by TRT The whole process ts based on equity Costs are dtvtded equally based on servtce Mrs Phdhps again ctted Arttcle IV, Sectton F, supports thts process of equtty Arttcle III, the method of allocattng costs and revenues, wdl be based on servtces provtded and revenues generated tn each m&vtdual Ctty The dedtcated revenue - the gas tax posstbility- ts superimposed upon all these other secttons Aprd 27, 1999 -?_ C I T Y MANA GER 'S B R I E FIN G TR T/PENTRAN COST ALL OCA TION ITEM # 44882 (Continued) Councdman Jones referenced Arttcle III, G -" The Commtsston will not tmpose any transportatton servtce tn or on any Ctty for whtch such City must pay any cost unless a member of the Commtsston representmg such Ctty has voted affirmattvely to accept such servtce" Counctlman Jones understood thts to mean a representative from Virgtnta Beach on the Commtsston could make the dectston to provtde the servtce wtthout the Ctty Counctl ever approvtng same Mr Ltlley advised the enttre merger agreement ts wrttten wtth the premtse that the TRT/PENTRAN Commtssion ts an tndependent body and wtll be maktng dectstons based upon the Commtssioners present and representing the various Ctttes These Commtsstoners have great authortty and thetr vote ts effecttve and does do exactly as Counctlman Jones understood The Ctty Attorney advtsed the Ctty Counctl should be postttve the Commisstoners are tnformed of thetr vtews and vote accordtng to the way they are tnstructed Council Lady Henley advtsed, up to thts potnt, a very moderate transportatton system existed Counctl Lady Henley advised once the enttty ts estabhshed, Vtrgtnta Beach can sttll have both of tts representattves vote against a change in the ByLaws and the matter sttll be accomphshed wtth the negattve vote unless they are among a majortty The City Attorney advised the ByLaws can be change& however, the Cost Allocation Agreement, ts btndtng and this cannot be changed wtthout comtng back to the Ctty Counctl. It is a contract between the Ctttes and cannot be amended wtthout the Ctty betng a party to same TRT, nor any regtonal agency, can place servtces tn the communtty whtch the Ctty Counctl do not want, and cannot requtre them to fund somethtng whtch they do not want Mayor Oberndorf tnqutred tf staff had tnvesttgated the Northern Virginia Transportation District Commission and its ByLaws. Dale Castellow advised he has conferred with Northern Vtrgtnta tn the context of thetr revenues Hts tmpresston ts they have the same issues and controverstes as present tn thts area Thetr Cost Allocation Agreement ts very stmtlar The City Code bastcally prescrtbes the framework of the Cost Allocation Agreement Relattve, the dedicated revenues, the funds are recetved by the Commtsston and chstrtbuted as they see fit. The Potomac River Transportation Commission has an alternative method whereby their dedtcated tax revenue goes tnto muntctpal accounts. Therefore, each jurischctton has control over these funds whtch they expend as they see fit The City Attorney advtsed Counctl Lady Henley the present provision "H", only references gasohne tax, however, the proposed provtston speaks relattve "any revenue" The proposedprovtston wouM handle any revenue source BY CONSENSUS, Ctty Council concurred with Arttcle IX-Allocatton of Revenues Proposed Provision: To the extent permttted by law, dechcated revenues generated tn each partictpattng ctty be allocated to that parttctpattng city, unless the governing body thereof authorizes an alternattve allocatton based upon a findtng that such alternattve allocatton encourages the most effective and effictent operation of the regional transportatton system The Commtsston shall request the General Assembly, tn any legtslatton tt may enact whtch estabhshes a source of dechcated revenues, to permit the Commission to allocate such dedicated revenues tn a manner conststent wtth thts proviston Councd Lady McClanan was not comfortable wtth thts matter. City Counctl's consideration of the Defintttve Agreement of the TRT/PENTRAN merger will be May 4, 1999 Aprt127, 1999 -8- AGENDA RE VIE W SESSION 2:45 P.M. ITEM # 44883 J1 Ordinance re LEASE of ctty-owned property at 2200 Parks Avenue to the Contemporary Art Center of Virginia for a term of five (5) years, commenctng May 2, 1999, and endtng Aprt130, 2004, and, authorize the Ctty Manager to enter into an agreement wtth the Art Center (BEACH- DISTRICT 6) Counctlman Branch advised as the lease had lapsed for two years, as long as the Ctty wtshes to have a Contemporary Art Center, the verbiage of the agreement could state as long as thts wtll rematn an Arts Center, the City will lease same for $1 O0 per year, so not to have to conttnually return to Ctty Counctl The Ctty Attorney advised the reason tt ts a five-year lease ts State Code provides property can only be leased up to five years wtthout tntttattng a publtc btd on the property The property could be transferred, perhaps to the Development Authortty, tf City Counctl chose to have the lease longer than five years However, under tts current status wtth tt having been owned by the City and leased by the ctty, the five-year approach must remain ITEM # 44884 J 4. Ordtnance to authorize temporary encroachments into aportton of the Ctty's rtght-of-way at Mediterranean Avenue, 14th Street and 16th Street by VIRGINIA BEACH PENTECOSTAL CHURCH OF CHRIST re erectton and maintenance of four directional signs (BEACH - DISTRICT 6) (Deferred Aprtl 13, 1999) Councilman Branch advtsed Counctl Lady Parker had met wtth the applicant and tt was his understandtng, they were allowed to have the stgns up for six months to provtde chrecttons. Vtce Mayor Sessoms suggested DEFERRING until the City Council Session of May 4, 1999, tn order to provtde an update from Counctl Lady Parker. Council Ladies Eure and McClanan was concerned relative allowtng four stgns ITEM # 44885 BY CONSENSUS, the followtng items shall compose the CONSENT AGENDA ORDINANCES/RES OL UTION `11 Or&nance re LEASE of ctty-owned property at 2200 Parks Avenue to the Contemporary Art Center of Virginia for a term of five (5) years, commencing May 2, 1999, and enchng Aprt130, 2004; and, authorize the Ctty Manager to enter tnto an agreement wtth the Art Center (BEACH- DISTRICT 6) ,12 Or&nance to APPROPRIATE $233,433 from grants and ad&ttonal state fundtng to the FY1998-1999 Operating Budget of the Community Services Board re addtttonal MH/MR staff and vehicles necessary to servtce cltents, tncrease full-ttme positrons by five (5), and, esttmated revenue be tncreased accordtngly ,13 Ordtnance to grant CAVALIER TELEPHONE, L.L.C., a temporary nonexclusive revocable license to construct, mamtatn and operate telecommunication facilities in, over, under and across the Ctty's pubhc ways, and, to authortze and direct the City Manager to execute such Agreement April 27, 1999 -9- AGENDA RE VIE W SESSION ITEM # 44885 (Continued) ,14 Ordtnance to authortze temporary encroachments into aportton of the Ctty's rtght-of-way at Mediterranean Avenue, 14th Street and 16th Street by VIRGINIA BEACH PENTECOSTAL CHURCH OF CHRIST re erectton and mamtenance of four directional signs (BEACH- DISTRICT 6) (Deferred Aprd 13, 1999) J 5. Resolutton to authorize the adoption and promulgatton of Amendment Number 5 of the Specifications and Standards Manual developed by the Engtneertng Diviston of the Department of Public }Forks. ,1. 4 was DEFERRED, BY CONSENT, untd the Ctty Council Sesston of May 4, 1999 Aprd 27, 1999 - 10- ,4 GENDA RE VIE W SESSION ITEM # 44886 K 4. Apphcation of VIRGINIA BEACH PROFESSIONAL FIREFIGHTERS LOCAL #2924for a Condtttonal Use Permit for a_fraternal organtzatton lodge on the East stde of Prtncess Anne Road, South of the tntersectton wtth Sandbrtdge Road (2020 Prmcess Anne Road), contamtng 8 acres (PRINCESS ANNE - DISTRICT 7) Councd Lady Henley advtsed thts application is in compliance with the Comprehensive Plan, however, tt ts sttuated tn the mtddle of the Transttton Area The ulttmate resolutton of this are has not been dectded Councd Lady Eure tnqutred relattve the posstbthty of securtng a bingo permtt Asststant Ctty Attorney Macah advtsed the applicant would be required to apply for a Condittonal Use Permtt before btngo could be conducted ITEM # 4488 7 K 5 Apphcattons of M and M DEVELOPMENT ASSOCIATES, L.L. C., for Change qfZontng Dtstrict Classtficattons (PRINCESS ANNE - DISTRICT 7) a AG-1 and AG-2 Agrtcultural Dtstrtcts and R-20 Restdenttal Dtstrtct to Condittonal 0-1 Office Dtstrtct on the following 8 acres Parcel 1. West stde of General Booth Boulevard beginning at a potnt 830feet more or less South of Ferrell Parkway Parcel 2 West stde of General Booth Boulevard begtnmng at a potnt 480 feet more or less North of Huckleberry Tratl. AG-1 and AG-2 Agricultural Dtstrtcts and R-20 Restdenttal Dtstrt ct to Con& tional A- 18 Apartment Dtstrtct on the Northwest stde of General Booth Boulevard, 250feet more or less South of Ferrell Parkway, contatmng 14 76 acres Thts item will be &scussed durtng the Formal Sesston ITEM # 44888 K6 Apphcation of TURNER and ASSOCIATES REALTY, INC., for a Change of Zontng Classtficatton from AG-2 Agricultural Distrtct to Con&ttonal B-2 Communi~ Business Dtstrtct on the South stde of Sandbrtdge Road at tts tntersectton wtth Painters Lane, contatntng 2 148 acres (PRINCESS ANNE- DISTRICT 7) Vice Mayor Sessoms wtll advtse whether he must ABSTAIN on this ttem ITEM # 44889 B Y CONSENSUS, thefollowtng ttems shall compose the PLANNING B Y CONSENTAGENDA. K1 Apphcatton of DOUGLAS C. B URLA GE, INC., for a Variance to Section 44(b) of the Subchvtston Ordtnance whtch requires all lots created to meet all requtrements of the Ctty Zontng Ordtnance (CZO) on the East side of Baker Road, 165 feet North of Wesleyan Drtve (BA YSIDE - DISTRICT 4) April 2 7, 1999 -ll- AGENDA RE VIE W SESSION ITEM # 44889 (Continued) K2 K3 K4 Apphcation of ROCK CHURCH for a Conchttonal Use Permtt for a chtld care education center tn a church at the Northeast tntersection of Kempsvdle Road and Manor Drtve (580 Kempsvtlle Road), contatmng 7 72 acres (KEMPSVILLE - DISTRICT2) Appltcatton of LENWOOD B. IRELAND fora Conchttonal Use Permtt for a communi_ty boat dock at the Eastern extremtty of Sparrow Road on Parcel C-1, subchviston of property of Lenwood B. and Robin S Ireland, contaimng 8, 505 square feet (CENTER VILLE - DISTRICT 1) .4pphcatton of VIRGINIA BEA CH PROFESSIONAL FIREFIGHTERS LOCAL #2924for a Conchttonal Use Permtt for a fraternal organtzatton lodge on the East stde of Prtncess ~4nne Road, South of the tntersectton with Sandbrtdge Road (2020 Princess ,4nne Road), contammg 8 acres (PRINCESS ~4NNE - DISTRICT 7) Item K 2 wtll be DEFERRED, B Y CONSENT, until, the City Counctl Sesston of August 11, 1999 Aprt12 7, 1999 - 12- CITY COUNCIL COMENTS 2:53 P.M. ITEM # 44890 Mayor Oberndorf referenced the breathtaking glass Exhibition of Dale Chihuly at the Contemporary Arts Center There was one httle boy who attended and remarked "this was better than a movte" This exhtbttton ts reachtng chddren "Peter and the Wolf" at the amphttheater was attended by 3, O00parents, grandparents and chddren The Vtrgtnta Symphony and the Spectrum Puppets parttctpated tn the productton This was a phenomenal success and was sponsored by Chesapeake General Hospttal A CD gtft ofclasstcal mustc ts presented to every chdd born in thetr hospttal The magmficent Ballet Hispanica on Sunday, Aprd 25, 1999, performed at the Pavthon to a sold-out crowd ITEM # 44891 Councdman Jones referenced the proposed Or&nance to Amend the Ctty Code pertatntng to Admissions Tax by clartfytng and hmttmg the tax on free admtsstons and provtding exemptions for events benefitttng chartttes This Ordtnance was chstrtbuted to Ctty Counctl and ts hereby made a part of the record The City Attorney advtsed the tntent of the retroacttve provtston of the proposed ordtnance ts to clartfy Cay Council's intent so that no taxes are collected and if they had been a refund would be granted The statute of hmttations would not permtt collectton of taxes beyond 1996 The Ctty Attorney advtsed tn an effort to moderntze the ordtnance and to reflect Ctty Councd's tntent, the amended ordtnances makes tt clear that (1) admtsstons taxes wdl not be due on compltmentary ttckets, except where those ttckets are provtded tn exchange for goods or servtces, (2) this provtsion wdl be effective retroacttvely, so as to clearly establish the Ctty Councd 's tntent wtth regard to thts local revenue source, and, (3) that as of duly 1, 1999, no tax wdl be levted on admtsstons charged for attendance at any event hem wholly for charttable purposes. Promotions of free tickets to individuals out of the area for performances at the Amphitheater, and Mthtary chscounts shall be revtewed. The Commtsstoner of the Revenue wdl be the tnterprettng officer The Ctty Attorney wdl cltscuss these elements with the Commtssioner of the Revenue and make any addustments prtor to scheduhngfor the Ctty Councd Sesston Aprd 27, 1999 - 13- M/tNA GEMENT RESO UR CE PLAN 3:05 P.M. ITEM # 44892 Fagan D. Stackhouse, Dtrector of Human Resources, through the utthzatton of shdes, presented tnformatton relattve Compensation and Benefits' COMPENSATION SCHOOLS CITY 3% step tncrease effective July 1, 1999 % of Employees ehgtble 89 1 5% General Increase effecttve January 1, 2000 All of Employees ehgible 4 5% Mertt Increase Effective on Employees' Merit Date % of Employees ehgible 91 A 2% structural AdJustment wtll be apphed to the pay plans Employees do not recetve thts tncrease, though earntng potenttal ts enhanced HEAL TH BENEFITS SCHOOLS CITY Current Contribution $2,1 O0 (21 O/month for 10 months) per employee 7/1/99 Contrtbutton to be determtned 1/1/2000 Contrtbutton to be determined Current Contrtbutton $2,100 ($175~month for 12 months)per employee. 7/1/99 Contribution $2,160 (180~month) per employee 1/1/2000 Contrtbutton $2,280 (190~month) per employee The City Manager advised he chd not reahze untd last Tuesday that the School Board had not tncorporated the increased Health Care tnto thetr Budget Correspondence will be forwarded to the Chairman of the School Board relattve thetr posttton prtor to the Ctty Councd ADOPTION of the Budget SICK LEA VE PA YOUT A T TIME OF RETIREMENT SCHOOLS CITY Current. $28/Day Unhmtted &ck Leave Proposal' Conttnue $28/Day Unhmtted Stck Leave Current: $21/Day up to 120 days of sick leave Cost $2,520 Maxtmum per employee Proposal $28/Day for Unlimited Sick Leave Mr Stackhouse advtsed the average sick leave cost per day is $134. Therefore, the proposed $28 O0 Compensation vs leave per day for unhmtted sick leave ss not that substantial Mr Stackhouse advised House Bill 1762 is the Virginia Retirement System's normal retirement. Thts Btll reduces the age of normal rettrement from 55 down to age 50. The General Assembly made this opttonal for localjurischctions 55% of the city employees have less than l O years of service. 64% of the City employees are under the age of 45 and 36% are over the age of 45. The average number of employees who retire are approximately 81 Under thts plan, the number of employees ehgtble for rettrement tn the year 1999 would be 165. Through the year 2009, there would be approxtmately 973 employees tmpacted by thts new law Mr Block advtsed thts ss not "early rettrement" Thts ss a change tn the definttton of normal rettrement The issue wdl be whether someone can afford to retire. Aprd 27, 1999 - 14- M/tNA GEMENT RES O UR CE PLAN ITEM # 44892 (Continued) GENERAL ASSEMBLY LA WS OVER VIEW LA W ACTION IMPA CT HB1762 Virgtnta Retirement System, normal rettrement Completion of 30 years of crechble service and 50 years of age (25 years of crechble service and 50 years of age for Pohce and Ftre) Effective July 1, 1999 UNLESS CITY COUNCIL OPTS NOT TO PARTICIPATE PRO VISION TAKES EFFECT Workf orce demographtcs Future workforce planning (successton planntng) Budget cost figures - $360,000 per year tncrease tn VRS Impacts HB 189 - sick leave balance to VRS credtts GENERAL ASSEMBLY LA WS OVER VIEW LA W ACTION IMPA CT HB189 Rettrement System, cre&table servtce. Mo&ties the definition of credible service to include uncompensated stck leave credtts of employees' rettrement date, certtfied by the employer to the Board Effecttve July 1, 1999 VRS member jurtschctions cannot opt out. Uncompensated stck leave turn tnto cre&ble servtce Calculated at actuartal cost or 20% of final average salary Thts results in no tncreased cost to the Ctty GENERAL ASSEMBL Y LA WS 0 VER VIEW LA W ACTION IMPA CT HB2023 Volunteer Firefighters' and Rescue Squad Workers' Pension Fund Estabhshes a voluntary contribution rettrement plan for certatn eltgtble volunteer firefighters and rescue squad workers to be admintstered by the Pension fund Members are requtred to pay $30 O0 per quarter and payment wtH be supplemented by General fund of State Treasure Ftre and Rescue Volunteers may choose to participate tn thts penston fund by contrtbuttng $30. O0 per quarter and state matchtng. Must be 60 years of age wtth 20years of volunteer service Effective July 1, 2000 Cost - none to the city Informatton relattve the percentage of employees who recetve their merit increase after January First will be provided. Mr. Block advised the average anniversary date for City employees is sometime in November April 2 7, 1999 - 15- MANAGEMENT RESO UR CE PLAN ITEM # 44892 (Continued) Mr Block advised within Strengthening Families (Youth and Family Opportunities), there are five budget areas' Comprehensive Services Act: Fundtng for foster care ts now covered by Mechcatd Expanston of staff ts betng proposed for foster care (4 postttons) The majortty of whtch will come from Federal and State government (80%) Health: The State Health Department changed the method by whtch the funds are chstrtbuted wtth reducttons to WIC and other famtly ortented programs The result was approxtmately $53,000 of non-local fundtng was lost Mental Health Expanston of mental health servtces to assisted living arrangements Social Services. State Mental Health Department performance contract's control over the use of state funds The Ordtnance scheduled for the Formal Sesston of Ctty Councd, ts the item whtch encompasses the number of ttems referred to within the Budget Ordtnance to APPROPRIATE $233,433from grants and addtttonal state funding to the FY1998-1999 Operattng Budget of the Community Services Board re addtttonal MH/MR staff and vehtcles necessary to service clients, tncrease full-ttme postttons by five (5), and, estimated revenue be tncreased accordtngly Dr Terry Jenkins, Dtrector- Commumty Services Board, referenced the allocatton letter recetved from the State approxtmately one week ago The allocatton letter only encompasses the fundtng received The Department has not dectded how they wtll allocate the new fundtngpassed by the General Assembly thts last sesston Apparently they do not tntend to make those decisions for another 30 to 60 days The Board will probably return in June with the Performance Contract, which the City Counctl has to approve before tt ts admitted to the Department. The Board mtght not know the new funchng sttuatton by thts point. The State apparently wtshes to engage tn a newprocess At thts potnt, there has been tratntng across the State, but no spectfic chrectton provtded Mr Block advtsed the area of Operational Support encompasses' Human Resources Real Estate Assessor Treasurer Commissioner of the Revenue Finance General Services Buildings Capital Improvement Program Information Technology Non-Departmental Video Services Various projects involved in Operational Support' Consolidation of technology issues into Information Technology (telecommunications deregulatton, emergency communtcattons, mapptng, client service technologies and InterneO Tax relief programs (seniors, food and personal property). Maxtmum net worth of $80,000 to $100,000, and maxtmum tncome ehgtbtltty from $22,000 to $25,000 A freeze on real estate taxes ts conttnued for an tncome ltmit of $30, 000. There ts full exemptton for $16, 000 tncome level These changes wtll result tn an tncrease tn the cost of the Sentor Real Estate tax reduction program of an addtttonal $175, 000, tn the upcomtng .fiscal year, which wtll brtng the total close to $2-MILLION for that program Aprt12 7, 1999 -16- MANAGEMENT RESOURCE PLAN ITEM # 44892 (Continued) Technology, maintenance and replacement (Human Resources system, Y2K and older systems). Maintenance and replacement of equipment (rolling stock & heating and air systems). Enhancement of member communications Celebrate 2000' This involves a cost of approximately $150,000 to plant 2, 000 trees durtng the Year 2000, alongpubhc rtghts-of-way and tn areas of pubhcally owned property as a postttve effort to add more beauty to the communtty. Mr Jerald Banagan, Real Estate Assessor advtsed the tax relief program received 2,113 recipients (2 were a deferral, 128 were under the freeze category, and 1,983 fell under the exemption) Of the 1,983 reciptents, 62% or 1,227 received the full exemption Mr. Banagan advtsed the appratsers do not vtstt every property There are twenty (20) appraisers The appraisor office visits properties recently sold, where butldtng permits are issued and those properties requested by the owner. Mr Banagan believed tn the future another commerctal appratsal could be added To date, hts office has recetved 333 appeals for assessments, however, there were only' 18 assessments appealed to the Board of Equalization The Ctty ts dtvlded tnto over 900 neighborhoods wtth a separate sale study for each one. Relattve commerctal properttes, an income approach ts utthzed for hotels, rental properttes, shopptng centers, apartments and office butldtngs An tncome approach ts a method of converttng net tncome to value by a capttaltzatton rate Thts capttaltzation rate ts dertved from examtntng the sale price The Ctty Manager advised the addttion of two new inspectors, one of whom wtll be a specialist developtng a volunteerprogram. Trucks are being butlt which are hterally signs for businesses Informatton will be provtded relattve the number of mtles per year the school buses are drtven. Mr Block advtsed on May 4, 1999, City Counctl wdl be requested to complete a Reconciliation survey, tdenttfytng thetr prtortttes for potenttal addtttons to the Resource Management Plan. Correspondence forwarded on Aprtl 13, 1999, outhnes the avatlable fun&ng and ending balance on the Ctty side relattve school technology. Vtce Mayor Sessoms referenced the Boys and Girls Club betng butlt on Lynnhaven Parkway There is an opportumty to butld a ltbrary tn conjunctton wtth the Boys and Gtrls Club Vtce Mayor Sessoms requested the City staff revtew the posstbthty Counctl Lady McClanan satd thts was stmtlar to what was ortgtnally planned The parktng sttuatton ts ideal Councilman Jones requested the tssue of renting the Shopptng Center for the Baystde Ltbrary and postpone consideration of the Bayside Ltbrary for approxtmately a year, wtth the posstbtltty of uttltztng the funds to purchase land for a free standmg butldtng Counctl Lady Henley referenced htstortcal preservatton and her concerns relattve the fire statton at Sandbrtdge She had hoped funds would be avatlable for Open Space acqutsttton The tnfill parcels are now comtng tn for rezontng The longer the City Counctl delays tn havtng some type of program to address thts tssue of open space, the less opportunity there wtll be to address same The 7 ora cent whtch was enacted tn the 1980's has all gone for matntatntng the parks and tf tt were to be used for open space acqutsttton, these funds would be lost to park maintenance Counctlman Branch concurred wtth Counctl Lady Henley and referenced the apphcatton of M and M DEVELOPMENT ASSOCIATES, L.L.C. for Condtttonal Change of Zontng (PRINCES ANNE- DISTRICT 7) scheduled for the Formal Ctty Counctl Sesstons Counctl Lady Eure advised thts Open Space Advisory Commtttee worked chh gently to present the report tn December and it has never been adopted Vtce Mayor Sessoms advised the Development Authortty Members have requested thetr monthly sttpend be ratsed from $50.00 to $100.00. Thts ts wtthtn the legal requtrements of the State law Council Lady Eure referenced the Planning Commission sttpend of $50. OO per meeting, the lowest tn the State. Thts barelypays for thetr gasohne Henrico County receives $1,200 a month to serve on the Planmng Commisston Aprt127, 1999 -17- MANAGEMENT RESO UR CE PLAN ITEM # 44892 (Continued) The Ctty staff wtll prepare a compartson report on all Boards and Commtsstons Councd Lady Henley tnquired whether Ctty staff had the opportunity to analyze the Sandbridge Fire Station proposal tn terms of the locatton and the financtng of the cost The Ctty Manager advtsed the Sandbridge Fire Station needs to be replaced and there are seven sttes whtch have been tnvestigated Separate dectstons wdl be made relattve locatton. Vice Mayor Sessoms advtsed the Sandbrtdge Communtty inchcated $500,000 more ts betng expended on constructton relattve the location that ts free than the constructton costs would be at other locattons. Councd Lady Henley referenced the staff's letter advtstng tf the land for the Sandbridge Fire Station stte were acqutred tn Sandbrtdge and the donated stte was not utdtzed, then the cost would be 8/10 of SI-MILLION to a $1-MILLION addtttonal cost The Ctty Manager advtsed stnce then there have been two other offers whtch have come forward, one from the Fish and Wddhfe whtch mtght provide free land The Ctty Manager advtsed all the cost alternattves must be revtewed Mr Block advtsed there ts no bingo area spectfied tn the Sandbridge Fire Station. Councd Lady Henley referenced the proposal for an interim sub station Rescue Squad for the Courthouse facthty on Patnters Lane. Mr Block advtsed this does not have to be addressed tn the Budget There ts no cost to the Ctty as they have been advtsed thts ts purely a volunteer effort Mayor Oberndorf referenced the maintenance of buildings She attended a poetry reading by young people parttctpating tn a contest relattve the Old Coast Guard Statton and the Central Library The wallpaper ts coming off the walls at the entrance to the theater The carpet ts coming apart at the seams and there ts water damage upstatrs The City Manger advised all of the requtred matntenance at the Central Library is funded within the Budget. Mr Block advtsed there are 59 additional personnel requested., 15 of which arepolice and 11 are deputies (26 of the 59 are direct law enforcement) Council Lady Eure congratulated the Mayor on the Lifetime Achievement Award. for Volunteers. Aprd 27, 1999 -18- FORMAL SESSION VIRGINIA BEA CH CITY CO UNCIL April 27, 1999 6:00 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Counctl Chamber, City Hall Budding, on Tuesday, April 27, 1999, at 6. O0 PM. Council Members Present' Ltnwood 0 Branch, III, Margaret L Eure, William W Harrtson, Jr, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Vtce Mayor Wilham D. Sessoms, Jr and A. M "Don" Weeks Councd Members Absent Harold Hetschober [ABSENT DUE TO ILLNESS] Nancy K Parker [MOTHER VERY ILL IN CHARLOITE, NORTH CAROLINA] INVOCATION Reverend Terry Rolen Ftrst Church of God of Vtrgima Beach PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, betng a Corporate Officer of Wachovia Bank, chsclosed there were no matters on the agenda tn which he has a "personal interest", as defined tn the Act, etther inchvtdually or tn hts capactty as an officer of Wachovta Bank wtth the exception of K 6 (TURNER AND ASSOCIATES) for which he wtll ABSTAIN The Vtce Mayor regularly makes thts Disclosure as he may not know of the Bank's tnterest tn any apphcation that may come before Ctty Counctl Vtce Mayor Sessoms' letter of January 4, 1999, is hereby made a part of the record April 27, 1999 Item VI-E -19- CER TIFICA TION OF EXECUTIVE SESSION ITEM # 44893 An EXECUTIVE SESSION was not conducted Aprt127, 1999 Item VI-F 1 - 20- MINUTES ITEM # 44894 Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, Cay Counctl APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of Apri113, 1999, and the PUBLIC HEARING: MANAGEMENT RESOURCE PLAN of April 15, 1999. Typographical error of the Minutes of April 13, 1999 was CORRECTED: Title Page: Council Members Absent: Reba S. McClanan [ENTERED: 9:20 tYM. A.M.] William W. Harrison [ENTERED: 11:18 t~M. A.M.] Vottng. 9-0 Council Members Voting Aye Linwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf , Vtce Mayor Wtlham D Sessoms, Jr. and A M "Don" Weeks Counctl Members Voting Nay' None Council Members Absent Harold Hetschober and Nancy K Parker Aprt127, 1999 Item VI-G.I. - 21 - ADOPT AGENDA FOR FORMAL SESSION ITEM # 44895 BY CONSENSUS, Ctty Council ADOPTED: AGENDA FOR THE FORMAL SESSION Aprt127, 1999 Item VI-H. 1. - 22 - PROCLAMATION ITEM ii 44896 Mayor Oberndorf PROCLAIMED: MA Y 1, 1999 SPECIAL OLYMPICS DA Y Robert Mdler- Prestdent- Area II, and Anthony Sweeney, Athlete, ACCEPTED the Proclamatton on behalf of all the athletes in attendance Thts Proclamatton declared the Spectal Olymptcs ts an tnternattonal movement of sports tratmng and competttton whtch gtvens chtldren and adults who are mentally challenged an opportuntty to develop thetr phystcal sktlls and &splay thetr abtltttes and ful, fill thetr human potenttal The Area H Annual Track and Field Games will be held on Saturday, May First at Bayside High School in Virginia Beach Mr Mtller tntroduced the Coaches and athletes tn attendance and advtsed the Virginia Beach Games wtll be held on May 8, 1999, at Plaza Mtddle School April 27, 1999 Item VI-H.2. - 23 - SURFING ACCESS FOR EVER YONE (SA FE) ITEM # 4489 7 Dave Jester, 200 65tn Street, Phone 422-8175 and John Hooker, 109 77th Street, 428-8816, representing SAFE, presented a proposal relative Safe Surfing Access for Everyone The current surfing or&nance was adopted tn 1965 and ts now 34years old The world of surfing has changed dramattcally, both socially and technologically Mr. Jester &splayed a very large surfing board, which was the typical board utthzed tn 1965. It wetghed 50-60pounds Mr Jester dtsplayed surJboards utdized today by the younger generatton and older adults Today, the adult board wetghs 12pounds and the smaller surfboard wetghs 5 ~ pounds Many of today's surfboarders are successful bustnessmen and women, many of whom have chosen to hve near the beach because of thetr love for the ocean and surfing Surfing generates tn excess of $20- MILLION tn revenues to Vtrgtma Beach The Ctty's surfing ordtnance ts one of the most restrtcttve tn the Umted States Even when there ts no surfing, there ts stall a parktng problem tn the Cay In all probabdtty hfttng restrtcttons wall not create more surfers, but tt wdl help spread them out and reduce the dangers we now have from restricted times and overcrowded condittons Mr. Hooker referenced City Code Section 6-116, pertatmng to Surfing. SAFE is requesting the restrtcttons be deleted from 42nd Street north to Fort Story and Rudee Inlet South to Little Island Park. From Memorial Day to Labor Dayfrom IO:OO A.M. to 4:00P. M. on week days and lO:OO A.M. to 6:00P. M. on weekends and holidays There ts no surfing tn these areas. However, boogte boards are allowed to use these areas Mr Hooker cited the Comprehensive Plan Ron Pearson, 6204 Ocean Front Avenue, Phone 437-9131, presented an alternative proposal. Surfing during currently restrtcted trines should be considered a prtvdege, not artght Surfers descrtbtng this prtvilege should register with the City and be requtred to wear a vtstble number whde surfing Numbers wdl allow those on the beach or tn the water to easdy tdenttfy those few who endanger others wtthout provoktng a confrontatton A qmck call to the Ctty can tdenttf-y the offender. Follow-up tntervtews can determtne whether theprtvdege of surfing during restrtcted hours should be revoked Surfers who are safe wdl be able to surf durtng currently restrtcted hours, those who are not safe wdl be weeded out An Ordinance shall be SCHEDULED wtthin the next two weeks Aprtl 2 7, 1999 Item VI-H. 3. - 24 - FALSE CAPE LODGE ITEM # 44898 Donald Maxwell, Dtrector- Department of Economtc Development, expressed apprectatton to the Council Ltatsons for thetr valuable asststance tn the False Cape Project Counctl Members Reba S. McClanan and Louts R Jones The purpose of the False Cape Lodge ts to provtde an eco-tourtsm facthty, whtch wtll contatn approxtmately 200 rooms and meettng space In additton, tt wtll limit development of privately owned B-4 zoned property, whtch has the potenttal to brtng tn over 1200 condomtntums and hotel units The reductton tn development will asstst tn protecting the fragtle environment located wtthtn the area As a result of the Economtc Feastbihty Study, three hotel enttttes expressed defintte tnterests and were selected tn submttttng proposals If the Ctty ts able to obtatn the optton for the land, they wtll be able to move forward wtth the proposal sohcttattons whtch wtll take approxtmately 90 days The Ctty owns Little Island Park. There ts a 7-acre parcel of land which ts located wtth an ocean mew The final parcel of land conststs of l O acres of land, whtch ts owned by Doug Wtlktns and Stuart Prectt and tt borders the property to the north of Ltttle Island Park Thts is the property, which ts B-4 zoned and would allow for a stgntficant amount o.[ development on this stte Mr Maxwell displayed a concept of the proposed False Cape Lodge No development on thts stte could exceed 55-feet Parking would be requtred in the restdenttal untts on the ground level Any restaurant must be comparable to a "chart house" type of restaurant. The martna must have floattng shps, salt treated lumber, galvanized steel, comparable to the shps at the Salt Ponds Marina tn Hampton Restaurant and business use wtll be comparable to Scarborough Square tn Duck, North Carohna The tdea ts to hmtt the development on the 4 ~ acres Once the optton has been exercised, there wtll be a one month pertod tn order to reach settlement The owners wtll also have to retmburse the Ctty $42,500for the cost of the feastbthty study. The owners also tntend to donate to the Ctty approxtmately 5 acres of wetlands to the west of Sandpiper Road and may reserve the martna access rights mto that, as well as dredgtng rtghts The askmg price on theproposal will be $7-MILLION. For anyprtce of over $7-MILLION that would bepatd, the City would recetve any non-staff Ctty expenses related to the sale t e. surveys and studtes for clostng to occur An Ordinance to TRANSFER $100,000 from the Tourtsm and Growth Investment Fund Reserve for Conttngencies to the FY 1998-1999 Operattng Budget of the Department of Economic Development re purchase of an assignable option on approxtmately five acres of oceanfront property adjacent to Little Island Park at Sandbridge, and, to authorize the Ctty Manager to execute the Optton Agreement wtll be SCHEDULED for the Ctty Counctl Sesston of May 4, 1999 If the optton ts exerctsed, the cost will be passed on to the hoteher or developer who wtll be entertng tnto the agreement Aprt127, 1999 Item VIJ. - 25 - PUBLIC HEARING ITEM # 44899 Mayor Oberndor. f DECLARED a PUBLIC HEARING' LEASE OF CITY-OWNED PROPERTY 200 Parks Avenue (BEA CH- DISTRICT 6) There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. Aprd 27, 1999 Item VI-J. - 26- ORDINANCES/RES OL UTION ITEM # 44900 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Councll APPROVED IN ONE MOTION, Ordinances/Resolution 1, 2, 3, 4 (DEFERRED) and 5 of the CONSENT AGENDA Item 4 was DEFERRED, BY CONSENT, until the City Council Session of May 4, 1999 Voting: 9-0 Council Members Voting Aye Llnwood 0 Branch, III, Margaret L Eure, William W. Harrison, Jr., Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Vice Mayor William D Sessoms, Jr and A M "Don" Weeks Council Members Voting Nay' None Council Members Absent: Harold Heischober and Nancy K Parker April 27, 1999 Item VI-J 1. -27- ORDINANCES/RESOL UTION ITEM# 44901 Upon morton by Vtce Mayor Sessoms, seconded by Counctlman Jones, Cay Councd ADOPTED: Or&nance re LEASE of city-owned property at 2200 Parks Avenue to the Contemporary Art Center of Virginia for a term of five (5) years, commenctng May 2, 1999, and enchng Aprt130, 2004, and, authorize the City Manager to enter tnto an agreement wtth the Art Center (BEACH - DISTRICT 6) Voting 9-0 (By Consent) Counctl Members Vottng Aye Linwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Vtce Mayor William D Sessoms, Jr and A M "Don" Weeks Counctl Members Vottng Nay' None Counctl Members Absent Harold Hetschober and Nancy K Parker Apnl2Z 1999 AN ORDINANCE TO APPROVE THE LEASE OF A PARCEL OF CITY-OWNED PROPERTY AT 2200 PARKS AVENUE TO THE CONTEMPORARY ART CENTER OF VIRGINIA WHEREAS, by agreement dated June 23, 1986, the City of 6 Virginia Beach leased to the Virginia Beach Art Center, Inc., for 7 a term of five (5) years, a parcel of property located at 2200 8 Parks Avenue adjacent to 1-44, together with all improvements 9 thereon (the "Property"); 10 WHEREAS, by agreement dated January 7, 1992, the City 11 leased the Property to the Virginia Beach Center for the Arts 12 (successor to the Virginia Beach Art Center, Inc.) for an 13 additional five-year term, commencing October 1, 1991, and ending 14 September 30, 1996; 15 WHEREAS, the Contemporary Art Center of Virginia 16 (successor to the Virginia Beach Center for the Arts) has continued 17 to occupy and use the Property as an arts center since September 18 30, 1996, in the status of a holdover tenant, and desires to 19 continue its lease of the Property pursuant to a formal lease 20 agreement for another term of five (5) years; and 21 WHEREAS, the City desires that the Property continue to 22 be used and occupied for the purpose of enhancing the public's 23 access to art and culture in the City. 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 That City Council hereby approves the City's lease of the 27 Property to the Contemporary Art Center of Virginia for a term of 28 five (5) years, commencing May 1, 1999, and ending April 30, 2004; 29 and 30 . BE IT FURTHER RESOLVED: 31 That the City Manager is hereby authorized to enter into 32 a lease agreement with the Contemporary Art Center of Virginia, 33 which agreement shall be in substantial conformance with the 34 agreement which is attached hereto as "Exhibit A" and is hereby 35 incorporated by reference. 36 Adopted by the Council of the City of Virginia Beach, 37 Virginia, on the 27th day of April , 1999. CA-7337 OD I N\ NONCODE ~ CONTEMPORARYART . ORD R-3 PREPARED: April 7, 1999 APPROVED AS TO CONTENT: Department of Museum~ ' a~d Cultural Arts APPROVED AS TO LEGAL Department of Law TERM SHEET Property: 9.617 acres with building and other improvements thereon located at 2200 Parks Avenue at the terminus of, and adjacent to, 1-44. Lessor: City of Virginia Beach Lessee: Contemporary Art Center of Virginia Length of Lease: Five (5) years, beginning May 1, 1999, and ending April 30, 2004. Rem: One dollar ($1.00) per year. Use of Property: To enhance the pubhc's access to art and culture in the City. Hours of Operation: At discretion of Lessee; provided, however, that the faclhty must be open to the general public for a least 120 days per year and at least 1,000 hours per year. Other Terms: o Official name of the facihty cannot be changed without prior written consent of the City. , Plaque must be displayed at entrance to the faclhty, recognizing the City as owner and a pnnclpal in estabhshment of the facility EXHIBIT A LEASE AGREEMENT FOR CONTEMPORARY ART CENTER OF VIRGINIA THIS AGREEMENT (the "Lease") is entered into as of the day of May, 1999, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, (the "City") and the CONTEMPORARY ART CENTER OF VIRGINIA, a corporation of the Commonwealth of Virginia, (the "Tenant"). WITNESSETH: That the City, for and in consideration of the rent, and of the covenants and agreements to be kept and performed by the part~es hereto, agrees to rent and does by these presents hereby rent to the Tenant, and the Tenant does hereby accept said Lease upon the terms and conditions set forth herein, all that certain piece, parcel or tract of land, together with any and all appurtenances thereon, belonging, lying, s~tuate and being in the City of Virginia Beach, Virginia, the following described property (the "Premises), to-wit: All that certain 9.617 acres of pieces or parcels of land as shown on that certain subdivision plat entitled "PLAT SHOWING PUBLIC UTILITY EASEMENT & VACATION OF RIGHT OF WAY LINES & RESUBDIVISION OF PROPERTY TO THE NORTH AND SOUTH OF OLD VIRGINIA BEACH ROAD FOR THE CITY OF VIRGINIA BEACH, LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA BUREAU OF SURVEYS AND MAPPING ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS CITY OF VIRGINIA BEACH, VIRGINIA, DATED NOV. 26, 1990, REV. DATE: FEB. 7, 1991, REV. DATE: MAR. 7, 1991, REV. DATE: APR. 10, 1991, SCALE: 1" = 100"', a copy of which is recorded in the Clerk's Office of the Circuit Court of the City of V~rginia Beach, Virginia in Map Book 211 at Page 96-97. GPIN: 2417-88-0355 This Agreement and Lease is conditioned upon the following terms, conditions, and covenants. 1. Term. The term of this Lease shall be for a period of five (5) years, commencing on Mayl, 1999, and ending at midnight on April 30, 2004, with the intention of renewing this lease, to the extent permitted by law, as long as both parties are dedicated to preserving the artistic nature of the CONTEMPORARY ART CENTER OF VIRGINIA (the "Building") and operating an activity which enhances the cultural identity of the City of Virginia Beach. 2. Rent. The total rent for the term hereof and any renewal term hereof shall be one dollar ($1.00) per annum, which the Tenant shall pay to the City, in advance, at such place as may be designated by the City. 3. Use. The Tenant will use and occupy the Premises for purposes of enhancing the public's access to art and culture in the City of Virginia Beach. Such use and occupancy may include, without limitation, art exhibits and related special events, receptions and meetings, art classes, the operation of gift shops and food and beverage concessions, theatre and recreational purposes, and fund-raising activities which are intended to preserve the artistic nature of an arts museum. The Building must remain open to the general public for at least 120 days per year and for at least 1,000 hours per year. The Tenant agrees to abide by, observe and comply with all federal, state, and municipal laws, ordinances and regulations applicable to its use and occupancy of the Premises and with any covenants and restrictions to which the Premises are now or may hereafter be made subject. The Tenant further agrees that It will not do or permit any act or thing or omit any act or thing which conflicts or otherwise fails to comply with the terms of any policy of insurance covering the Premises. The Tenant shall not use nor permit the Premises to be used for any purpose other than as stated in this section of the Lease without prior written consent of the City, which consent shall not be unreasonably withheld. 4. Notice. Any notice provided for or required by this Lease shall be deemed to have been delivered on the date that such notice has been personally delivered or deposited in the U.S. Mail, first class, return receipt requested, postage prepaid and addressed as follows: (A) To the City: C. Mac Rawls, Director Department of Museums and Cultural Arts City of Virginia Beach Virginia Beach, Virginia 23456 (B) To the Tenant: CONTEMPORARY ART CENTER OF VIRGINIA 2200 Parks Avenue Virginia Beach, Virginia 23451 5. Name. The official name of the Tenant's operation shall not be changed without the prior written approval of the City, which approval shall not be unreasonably withheld. , Signs. Tenant shall install and mmntain during the term of this Lease a plaque, prominently displayed at the entrance to the building, giving recognition to the City as a principal in the ownership and establishment of the Premises. Such plaque, together with any other sign located on the Premises, shall be constructed and maintained in accordance with applicable State and local laws and shall be approved by the City, which approval shall not be unreasonably withheld. 7. Attachments. The following document is attached hereto and such document shall be incorporated herein by reference: (A) Exhibit A - Insurance Obligations 8. Default. If, after receiving written notice from the City, the Tenant fails to complete performance within forty-five (45) days thereafter or within such additional time as may be reasonably necessary, of any covenant or agreement to be performed by the Tenant herein, or causes material damage to or neglects the Building, the City may reenter the Premises, and terminate the Lease. In addition, the City shall retain the right to sue for damages as allowed by law and to pursue such other remedies as are available at law or in equity. 9. Indemnification. The Tenant agrees to indemnify the City against all liabilities, expenses and losses incurred by the City as a result of (a) failure by the Tenant to perform any covenant required to be performed by the Tenant hereunder; or (b) any accident, injury, or damage which happens in or about the leased Premises or results from the condition, maintenance or operation of the leased Premises. The City shall not be liable for any loss, injury, death, or damage to persons or property which at any time may be suffered or sustained by the Tenant or by any person who may at any time be using, occupying or visiting the Premises or be in, on, or about the same, whether such loss, injury, death, or damage shall be caused by or in any way result from or arise out of any act, omission, or negligence of the Tenant or any occupant, visitor, or user of any portion of the Premises, or shall result from or be caused by any other matter or thing whether of the same kind or of a different kind than the matters or things above set forth. The Tenant shall indemnify the City agmnst all claims, liability, loss, or damage whatsoever on account of any such loss, injury, death, or damage. The Tenant hereby waives all claims against the City for injuries to person or property in or about the Premises, from any cause arising at any time. The Tenant further agrees to defend, indemnify, and hold harmless the City, its employees, agents, and volunteers from any and all liability and/or damages for injuries to persons or damage to property arising out of the acts or omissions of the Tenant, or the Tenant's agents or employees under this Lease. Notwithstanding the above, the Tenant shall not be required to indemnify the City against any liabilities, expenses or losses incurred by the City, nor shall the Tenant be liable for any loss, injury, death or damage to persons or property, which result from the sole negligence of the City or any of its agents, officers or employees. 10. City/Tenant Services, Maintenance, Repair and Alterations. City shall, at City cost: (A) maintmn the Premises in good condition and repmr, ~ncluding all buildings and improvements, sidewalks and landscaping; (B) provide payment for all water and sewer and stormwater utility costs and fees and solid waste collection; and (C) approve in advance the acquisition or installation by the Tenant of any equipment it is expected to maintain. The grounds will be maintained by the City ~n a manner consistent with the municipal nature of the Property. The City shall, upon prior not~ce to the Tenant, have access to the Building, at reasonable intervals during normal business hours, for purposes of reexamining or repairing the Building, and the City may enter at any time for emergency repairs. However, the City shall not unreasonably interfere with the Tenant's use of the Building. The City shall have the right to establish reasonable rules and regulations governing the use and occupancy of the Premises. The Tenant shall pay for telecommunications fees and services and other utilities unless specified to be paid by the City. Additionally, the Tenant shall provide written security procedures designed to reasonably protect the Building, against damage, which procedures must be approved by the City. The Tenant shall not perform any repairs upon the Premises, structural or otherwise, unless nfinor in nature and approval of the City is first obtained, but shall use its best efforts to maintain the Premises in a neat and orderly condition. The City shall maintain the Premises, including all buildings and improvements, sidewalks and landscaping in good repair. No alterations, improvements or additions of a permanent nature shall be made to the Premises without the prior written approval of the City, which approval shall not be unreasonably withheld. Such alterations, improvements and additions must comply with all applicable building codes, ordinances and regulations. Any such alterations, ~mprovements or additions shall be at the sole expense of the Tenant and Tenant shall indemnify the City against any expense or damage to the Premises as a result thereof. There shall be maintained at the Tenant's sole expense, at all times when any alteration, improvement or addition is in progress, worker's compensation insurance in accordance with state law covering all persons employed in connection with any such alteration, improvement or addition, and general liability insurance for the Tenant covering the additional hazards resulting from any such alteration, improvement or addition. Upon the termination of this Lease, the Tenant shall dehver the Building to the City in a clean condition, excepting ordinary wear and tear or loss or damages caused by fire or other casualty. 11. Furnishings. At the expiration or earlier termination of this Lease, should the Tenant fail to remove any furnishings or other personal property owned by Tenant within ten (10) days of the date of such expiration or termination, the Tenant shall be deemed to have waived all rights to any such furnishings or other personal property not so removed. 12. Fire or Casualty. Except as otherwise provided herein, in the event the Building, or improvements on the Premises or any part thereof, are damaged or destroyed by fire or other casualty, the City may elect to terminate this Lease effective as of the date of the casualty. All insurance proceeds arising from such damage or destruction shall be made available to the City and the Tenant, as their interest may appear. The C~ty is not obligated to rebuild the Premises in the event of damage or destruction by fire or other casualty. 13. Assignment and Subletting. The Tenant shall not assign this Lease in whole or in part or sublease all or any part of the Premises without the prior written consent of the City. Any such sublease or assignment without consent shall be void, and shall, at the option of the City, terminate this Lease. The provisions of this paragraph shall not be applicable to any contract or agreement between the Tenant and a third party involving the temporary short-term occupancy of the Premises by such third party for (i) an art display, exhibit, forum or similar event, or (ii) the provision of ancillary services (e g., catering) associated with any such event. 14. Surrender. Upon the expiration or earher termination of this Lease, the Tenant shall surrender to the City the Premises in a clean condition, fair wear and tear excepted. 15. Severability. If any provision of this Lease or its application to any person or circumstance shall to any extent be determined to be invalid or unenforceable, the remainder of this Lease, or the application of such provision to persons or circumstances other than those as to which it is determined to be invalid or unenforceable, shall not be affected, and each remmning provision of this Lease shall continue to be valid and enforceable to the fullest extent permitted by law. 16. Rules and Regulations. The Tenant, on behalf of itself and its agents, employees, contractors, invitees and licensees, hereby agrees to observe and strictly comply with all reasonable rules and regulations, adopted by the City from time to time with respect to the occupancy of or operations on the Premises. The City shall not be liable for the nonobservance or violation by the Tenant, or any agent, employee, contractor, invitee or licensee of the Tenant, of any rules and regulations. 17. Required Approvals. All approvals required herein must be obtained in writing. The Director of the Department of Museums and Cultural Arts shall be responsible for administration and oversight of this Lease. 18. Non-Discrimination. During the term of this Lease, the Tenant agrees that it will not discriminate against any person, including, without limitation, any artist, exhibitor, contractor, vendor, employee or applicant for employment, on the basis of such person's race, religion, color, sex, natxonal origin, or disability. 19. Environmental Concerns. The City hereby warrants to the Tenant, that, to the best of the City's knowledge, without the requirement for independent investigation, no hazardous material such as petroleum products, asbestos and any other hazardous or toxic substance has been used, disposed of, or is located in either the Building or the soil or groundwater on or under the Premises. Any costs associated with violations of the law including, but not limited to, remediations, clean-up costs, fines, administrative or civil penalties or charges, and third party claims imposed on the City by any regulatory agency or by any third party as a result of the noncompliance with federal, state or local environmental laws and regulations or nuisance statutes by the Tenant or by its employees, contractors, consultants, subconsultants, or any other persons, corporations or legal entities retained by it for the Premises, shall be paid by the Tenant. 20. Liens - Tenant's Duty to Keep Premises Free of Liens. The Tenant shall keep the Premises and every part thereof and all buildings and other improvements at any time located thereon free and clear of any and all mechanics', materialmen, and other liens for or arising out of or in connection with work or labor done, services performed, or materials or appliances used or furnished for or in connection with any operations of the Tenant, any alteration, improvement or actions which the Tenant might make or cause to be made by any person or persons other than employees, contractors or agents of the City, on or about the Premises, and at all times promptly and fully pay and discharge any and all claims upon which such lien may or could be based, and to indemnify the City and all of the Premises and buildings and improvements thereon against all such liens and claims of liens and related lawsuits. 21. Governing Law: This Lease shall be construed and governed by the applicable laws of the Commonwealth of Virgima. Venue of any suit brought to enforce the terms of this Lease or arising from the rights, liabihttes or obligations set forth herein shall be filed in a court of competent jurisdiction in the City of Virginia Beach. IN WITNESS WHEREOF, the City and the Tenant have duly executed this Agreement as of the date first written above. CITY OF VIRGINIA BEACH By: City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: Ruth Hodges Smith City Clerk ATTEST: CONTEMPORARY ART CENTER OF VIRGINIA. Corporate Secretary By: President, Board of Directors STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,1999, by , City Manager/Authorized Designee of The City Manager, on behalf of the City of Virginia Beach, Virginia. Notary Public My commission expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-w~t: The foregoing instrument was acknowledged before me this day of ,199__, by RUTH HODGES SMITH, City Clerk, on behalf of the City of Virginia Beach, Virginia. Notary Pubhc 10 My commission expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing ~nstmment was acknowledged before me this day of ,199__, by , President, Board of Directors, and , Corporate Secretary, on behalf of the CONTEMPORARY ART CENTER OF VIRGINIA, a Virginia corporation. Notary Pubhc My commission expires: F ~DataL4~TY\Ordin\NONCODEkARTCTR LSE ~ .'.~TY ATTO~ 11 EXHIBIT "A" INSURANCE OBLIGATIONS m. The City's Insurance Obligations. The City may at its discretion provide programs of insurance and/or self-insurance to cover physical damage to or loss of the building due to fire, flood, or other casualty. Bo The Tenant's Insurance Obligations. The Tenant shall, at all times during the Term at its own cost and expense, carry commercial general liability insurance on the Premises with limits of not less than $1,000,000.00 combined single limit. The Tenant shall also carry "all-risk" casualty insurance, written at replacement cost value and with replacement cost endorsement, covering all the Tenant's personal property in the Building (including, without limitation, fixtures, floor coverings, furniture, and other property removable by the Tenant under the provisions of the Lease ) and all Leasehold improvements installed in the Building by or on behalf of the Tenant and if, and to the extent permitted by law, worker's compensation or similar ~nsurance. All liability insurance pohcies shall be written by companies authorized to conduct the business of insurance in the Commonwealth of Virginia and acceptable to the C~ty, shall be written in a form acceptable to the City and shall name the C~ty as an additional named insured. Each such policy shall also contain a provision prohibiting cancellation without thirty (30) days prior written notice to the City or its designee. Certificates of such ~nsurance shall be delivered to the City promptly after the issuance of the respective policies. If the Tenant fails to prowde or maintain such liability insurance, the C~ty may, but shall not be obligated to, do so and collect the cost thereof as Additional Rent. 12 Item VI-J.2. - 28 - ORDINANCES/RES OL UTION ITEM # 44902 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Jones, City Council ADOPTED: Or&nance to APPROPRIATE $233,433 from grants and addtttonal state fundmg to the FY1998-1999 Operattng Budget of the Community Services Board re additional MH/MR staff and vehicles necessary to servtce chents, mcrease full-ttme postttons by five (5), and, esttmated revenue be tncreased accordtngly Voting 9-0 (By Consent) Council Members Vottng Aye Linwood O. Branch, III, Margaret L. Eure, Wilham W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Vice Mayor Wtlham D Sessoms, Jr and A M "Don" Weeks Counctl Members Voting Nay None Counctl Members Absent Harold Hetschober and Nancy K Parker Aprtl 27, 1999 AN ORDINANCE ACCEPTING AND APPROPRIATING $10,768 FROM GRANTS AND APPROPRIATING $222,665 OF ADDITIONAL STATE FUNDING TO THE FY 1998-99 OPERATING BUDGET OF THE COMMUNITY SERVICES BOARD TO PROVIDE ADDITIONAL SERVICES FOR CLIENTS WHEREAS, the Commonwealth of Virginia has awarded the 9 Community Services Board ("CSB") $10,768 in grants to implement a 10 "Safe from the Start" program within its Substance Abuse Division; 11 WHEREAS, $222,665 of other revenue from the Commonwealth 12 of Virginia is available to be appropriated to enhance current 13 client services for Mental Retardation division clients; and 14 WHEREAS, an additional 5.0 full-time equivalents must be 15 created to provide the additional services made possible by this 16 funding. 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA: 19 1. That $10,768 in grant funding is hereby accepted from 20 the Commonwealth of Virginia and appropriated to the FY 1998-99 21 Operating Budget of the Community Services Board ("CSB") for its 22 Substance Abuse Division to implement a "Safe From the Start" 23 program; 24 2. That $222,665 of additional revenue from the 25 Commonwealth of Virginia is hereby appropriated to the FY98-99 26 Operating Budget of the CSB to provide additional staff and 27 vehicles necessary to serve Mental Retardation division clients. 28 3. That the number of full-time equivalent positions in 29 the CSB's FY 1998-99 Operating Budget is hereby increased by 5.0; 30 and 31 4. That estimated revenue in the CSB's 1998-99 Operating 32 Budget is hereby adjusted to reflect $233,433 in new revenue. 32 Adopted by the Council of the City of Virginia Beach, 33 34 35 Virginia, on the27thday of April ,1999. Requires an affirmative vote by a majority of members of City Council. 36 37 38 39 CA-7305 ORDIN~NONCODE ~MHMR. ORD R-3 PREPARED: APRIL 7, 1999 40 41 42 APPROVED AS TO CONTENT: Management Servi~ss 43 44 45 46 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's ~fice ' - COMMUNITY SER BRD Fax 757-490-5756 apr 22 '99 9 20 P. 03 Jarne~ S Odmor~, III Governor COMMONWEALTH of VIRGINIA Office of the Governor October 16, 1998 Ms Pat Bamer Acting Prevention SupervIsor Virginia Beach Community Servmes Board Pembrook Six, Suite 129 V~rgin~a Beach, VA 23462 b'*}ur*l~ ~. *Ybarra S~cr~tar~ t~f Tvaraportat~on Dear Ms Bamer Safety has been and will continue to be a high priority in Virginia's transportation system. An ~ntegral component ~s a full commitment to highway safety. I continue to be committed to making safety a cornerstone ofthe Commonwealth's muitimodal transportatmn systems. As Governor James G~lmore's Secretary of Transportation, I am pleased to inform you that the following highway safety project proposal, Safe FromThe Start, OP99~27-55427, has been approved in the amount of $10,000.00 A copy of the final approval form xs enclosed for your records. Before proceeding w~th the objectives in your highway safety project application, as the project director, you and the authorizing official must sign the enclosed project agreement (TSA-12). No payments w~ll be reimbursed to you unt~! the signed project agreement has been returned to Jim Shelbume, Program Supervisor, DMV, P. O Box 27412, Richmond, Virginm 23269 Upon release of federal fund~, all monies obligated under these agreements must be expended by September 30, 1999 (Please refer to page three of your project appimation for other condaions and/or addenda) Also enclosed are reimbursement request forms (TSA-15) for your use in requesting payment under your project guidelines I am excited about the prospect that your project w~ll have a positive impact on highway safety for all Virginians. I personally want to thank you for taking the time and effort to contribute to a safer Virgima Sincerely, Shirley J. Ybarra S,FY sbc Enclosures PO Box 1475 · Richmond. Vir~tlma 23218 · {804) 786.8032 · TDD 1'8041 786.7765 Item - 29- ORDINANCES/RES OL UTION ITEM # 44903 Upon motion by V~ce Mayor Sessoms, seconded by Councilman Jones, Ctty Counctl ADOPTED: Ordtnance to grant CAVALIER TELEPHONE, L.L.C., a Temporary Nonexclusive Revocable License to construct, mamtatn and operate telecommunication facilities in, over, under and across the Cay 's pubhc ways, and, to authortze and direct the City Manager to execute such Agreement. Vottng 9-0 (By Consent) Councd Members Vottng Aye. Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Vtce Mayor Wdliam D Sessoms, Jr and A M "Don" Weeks Counctl Members Voting Nay None Councd Members Absent. Harold Hetschober and Nancy K Parker April 2 7, 1999 AN ORDINANCE GRANTING TO CAVALIER TELEPHONE, L.L.C. A TEMPORARY NONEXCLUSIVE REVOCABLE LICENSE TO CONSTRUCT, MAINTAIN AND OPERATE TELECOMMUNICATIONS FACILITIES IN, OVER, UNDER AND ACROSS THE PUBLIC WAYS OF THE CITY WHEREAS, Cavalier Telephone, L.L.C. (hereinafter "Cavalier") 8 is a telecommunications carrier, as defined in Section 3 of the 9 Communications Act of 1934, as amended (47 U.S.C. § 153); and 10 WHEREAS, Cavalier desires to provide telecommunications 11 service within the City; and 12 WHEREAS, the City is in the process of developing a 13 telecommunications regulatory ordinance and franchise agreement 14 governing the use of public ways by telecommunications carriers; 15 and 16 WHEREAS, Cavalier desires to commence the construction of its 17 telecommunications system prior to the time it could obtain a 18 franchise from the City, and is agreeable to entering into a 19 temporary and revocable license agreement pending adoption by the 20 City Council of a telecommunications regulatory ordinance and 21 franchise agreement; and 22 WHEREAS, the Virginia State Corporation Commission has 23 granted to Cavalier the required certificates of convenience and 24 necessity as a provider of local exchange and interexchange 25 services; and 26 WHEREAS, the City is agreeable to allowing Cavalier to use the 27 City's public ways, subject to the terms and conditions set forth 28 in the Temporary Nonexclusive Revocable License Agreement and to 29 any future telecommunications regulatory ordinance and franchise 30 that may be adopted by the City; 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 That the City Council hereby approves the Agreement entitled 34 "City of Virginia Beach, Virginia and Cavalier Telephone, L.L.C. 35 Temporary Nonexclusive Revocable License Agreement" dated April 27, 36 1999, a copy of which is on file in the City Clerk's Office, and 37 hereby authorizes and directs the City Manager to execute such 38 Agreement on behalf of the City. 39 40 Adopted by the Council of the City of Virginia Beach, Virginia, on this 27th day of April , 1999. 41 42 43 44 CA-99-7331 wmmk or, dres k caval ierl i c. orn April 7, 1999 R-1 APPROVED AS TO CONTENT Information Technology APPROVED AS TO LEGAL SUFFICIENCY Department of Law TEMPORARY NONEXCLUSIVE REVOCABLE LEASE AGREEMENT CAVALIER TELEPHONE, L.L.C. SUMMARY OF TERMS Grantee: Cavalier Telephone, L.L.C. Nature: Allows use of City rights-of-way for telecommumcations faclht~es of local exchange/long distance provider along designated route (see route map). Does not authorize cable service. Until 5-1-00 or until permanent franchise granted, whichever is sooner. If franchise is granted, franchise automatically supersedes License Agreement. Compen- sation: L~mlted to Pubhc Rights-of-Way Use Fee under State law (which the City has not Imposed). If law changes, City may charge whatever compensation It is legally entitled to charge and collect. Indemnity: Grantee required to indemnify City, employees, officers, etc., against all claims resulting from acts or omissions of Grantee. Insurance: Grantee required to mmntaln worker's compensation Insurance, $2 milhon In commercial general liability insurance; $1 million in automobile liability insurance; $1 million in pollution liability insurance. Grantee may instead provide $5 million umbrella coverage. Surety: Grantee required to maintain $50,000 bond and $25,000 letter of credit. May be reduced when construction of backbone facilities is completed. Construction: Grantee reqmred to obtain all required permits, promptly restore City property after construction, and to comply with all C~ty, state and federal standards, ordinances, laws, etc. Facilities reqmred to be underground where all other utilities are underground. Removal. Grantee required to remove facilities if Agreement IS not renewed or franchise not granted. Item VI-J4 - 30- ORDINANCES/RES OL UTION ITEM # 44904 Upon motton by Vice Mayor Sessoms, seconded by Councilman Jones, City Councd DEFERRED UNTIL CITY COUNCIL SESSION OF MAY 4, 1999' Ordtnance to authorize temporary encroachments into a portton of the Ctty's rtght-of-way at Mediterranean Avenue, 14tn Street and 16th Street by VIRGINIA BEACH PENTECOSTAL CHURCH OF CHRIST re erectton and matntenance of four directional signs (BEA CH - DISTRICT 6) (Deferred Aprtl 13, 1999) Vottng. 9-0 (By ConsenO Council Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Vtce Mayor Wtlham D. Sessoms, Jr and A M "Don" Weeks' Council Members Voting Nay' None Counctl Members Absent Harold Hetschober and Nancy K Parker Aprt127, 1999 Item VI-J 5 - 31 - ORDINANCES/RES OL UTION ITEM # 44905 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Jones, City Counctl ADOPTED Resolutton to authorize the adoption and promulgatton of Amendment Number 5 of the Specifications and Standards Manual developed by the Engineertng Dtvtston of the Department of Public Works. Voting 9-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wilham W. Harrison, Jr., Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Vtce Mayor Wtlham D Sessoms, Jr and A M "Don" Weeks Council Members Voting Nay None Counctl Members Absent Harold Hetschober and Nancy K Parker Aprt127, 1999 A RESOLUTION TO APPROVE AND AUTHORIZE THE ADOPTION AND PROMULGATION OF AMENDMENT NUMBER 5 OF PUBLIC WORKS SPECIFICATION AND STANDARDS MANUAL WHEREAS, there exists a requirement for the published engineering standards to be 6 maintained as current and to provide and promulgate technical design criteria, policy interpretations 7 and ordinance application to be utilized by City staff and the engineering consulting community in the 8 preparation, review and approval of all development related plans throughout the City, for the design 9 of all engineering projects by the City, and to promulgate these criteria for contracts awarded by the 10 City and for Public Works infrastructure accepted by the City; and 11 WltERF_.AS, the City's Public Works Specifications and Standards Manual was adopted June 12 14, 1994, and 13 14 WHEREAS, the Manual has been revised since originally adopted and promulgated on June 14, 1994 in four annual amendments, Number 1 dated March 14, '1995; Number 2 dated April 23, 15 1996, Number 3 dated April 1, 1997; and Number 4 dated March 3, 1998; and 16 WHEREAS, over the past year, staff members of the Department of Public Works, 17 18 Engineering Division have assembled revisions and updates to all existing engineering materials, details, and teclmical requirements relating to the Public Works Specifications and Standards Manual, 19 compiling an Amendment Number 5 (attached hereto) to be inserted into the working document in 20 notebook format, consisting of the following additions or revisions. (1) Chapter 2, (2) Chapter 3, (3) 21 Chapter 5; (4) Chapter 6, Section 3 1; (5) Chapter 7; (6) Chapter 9; (7) Chapter 10, Section 10 22 (deleted), (8) Chapter 12, (9) Chapter 13, (10) Chapter 14, (11) Chapter 15, (12) Chapter 16; (13) 23 24 Chapter 17; (14) Appendix A; (15) Appendix B; (16) Appendix C, (17) Appendix D, (18) Appendix E, Section 10, and (19) Appendix F, and 25 WHEREAS, since the original adoption of the Public Works Specifications and Standards 26 Manual in 1994, City staff has brought annual amendments to City Council for approval and an 27 annt~ report of waivers and variances granted or denied with applicable section of the Manual and 28 the reasons for the actions taken, for information; and 29 WHEREAS, the resulting Amendment Number 5 has additionally been reviewed, revised, 30 and enhanced by input from City staff. The Tidewater Builders' Association has no objection to its 31 adoption NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA; That the Council approves and authorizes the adoption and promulgation of the Amendment Number 5 of the Specifications and Standards Manual developed by the Engineering Division of the Department of Public Works as identified herein and attached hereto, Adopted by the Council of the City of Virginia Beach, Virginia, on the 8 April ,1999. 27th day of APPROVED AS TO CONTENTS '/// S[~'~qATURE 7- ~ ~ . IDEPAR~NT .x~ 'i~;.":"P~OVED' &$ ,'TO , . .... ,.. 4,L,v i City of Virginia OFFICE OF THI: CITY MANAGER (757) 427 4242 FAX (757) 427 4135 TDD (757) 427 4305 MUNICIPAL CENTER BUILDING '1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9001 April 23, 1999 The Honorable Meyera E Oberndorf and Members of Council Re Public Works Specifications and Standards Manual, Waivers and Variances requested during the Calendar Year 1998 Dear Mayor and Council Members The Public Works Specifications and Standards Manual was adopted June 14, 1994 and provides for variances and waivers to be granted by the Director of Public Works Section 1 3 of the Manual necessitates that a report with an accounting of requests for waivers and variances received be provided to City Council by the Director of Public Works on an annual basis The attached report summarizes those waivers and variances granted or denied, along with pertinent information such as the applicable section of the Manual, the reasons for the action taken, and the project data As you will notice, only two requests for waivers or variances were received during the calendar year of 1998 that resulted in formal action, and these were both relatively minor items Although other issues were frequently brought up on different projects, and in different City offices during the year, staff was able to work out solutions to those issues while ensuring compliance to the manual Should you need any further information, please do not hesitate to call With Pride In Our City, JKS/JSW/kjv Attachment c Clarence Warnstaff VARIANCES REQUESTED- 1998 Salvation Army On-site BMP requirements waived by the Planning Department (DSC File #C06-509). Public Works Standards and Specifications Manual, Chapter 8 and Stormwater Management Ordinance, Section 9 were waived because this project was an addition to an existing office building with added parking, and as such, it was a not significant enough of a site expansion to justify major BMP installations. Retail Office Warehouse- Lots 19 and 20- Milbern Manor On-site BMP setback requirements reduced to 5 feet from 15 feet as required, approved by the Planning Department (DSC File C6-510). Variance granted from Public Works Standards and Specifications Manual, Chapter 8 and Stormwater Management Ordinance, Section 9 because the only way they could meet the setback would have been to cut down the building size which was unacceptable to the developer. The project was to construct a new office building on the site including required parking. The size of the BMP was maintained, thus, the water quality treatment was still provided. 2117 Smith Avenue · Chesapeake, Virginia 23320-2515 Tidewater Builders Associatio[] leffreyW Amshe Ptestdenl James R lackson Ir hrsl t,tce pre~tdent Robert A W~dener Second t, tce prestdent Scott M Gandy As~o~ tare t'we prestdent Joseph C Robinson Set t etarr John C Napohtano Treastaer Channing A Pfeiffer E.xe(utwe t,tce pte~tdent Builder D~rectors S 1 (ohen Judy B (zumley llelen E Dragas Pete ~ Kotandes WIt McCutcheon Jr Robert B Mulhns Robert W 'lyler Jeffrey J Wermers ^ssooate D~rectors Kenneth A D~erks R~chard J Gutleber J B I~eddechff J Van Rose I~ I Rvan Jr tt Mac Weaver II ^ Ward W~ley ^rl J 7achary D~rectors Emerm Joseph C Addmgton Jr Edward P Brogan W[lham I Fanney Wflham L ltendncks Juhan Rashklnd Itoward M We~sberg NAHB Past Presidents Frederick I Napohtano Stanley Waranch NAHB I ire D~rectors Edv, ard P Brogan Iawrence J Goldnch I~obert A Lawson Frederick J Napohtano VIII£('II! A Napohtano Julian Bashkmd Michael P Rashkmd Slanlev Waranch ttmxard M XXe~sberg Wendell A White IlBAV Past Presidents Iee A (,ffford (deceased) David A ttoward (deceased) Frederick J Napohlano Vincent A Napohtano 'led S Schlossman Douglas W lalbot Stanley Waranch tlonorary Member Doyle F ttull Phone (757) 420-2434 o Fax. (757) 424-5954 E-marl. tbamafl@pflot.infi.net Web s~te http'//www pdotonhne com/tba January 27, 1999 Jeff Waller, P.E. Civil Engineer Public Works Dept. City of' V~rg~nia Beach Virginia Beach, VA 23456 · ,,'a!l:l" [ ~,~(;14 CIIY 0[' "'"~ ' I~' r'°E OF TEE t;Ir¥ [Wo;,?'r'~ Dear Mr. Waller Thank you for the opportunity to review the revisions to the Public Works Standards attd Specification Manual as provided to us in December, 1998. We understand that most of the revisions consist of "wordsinlthing". We also understand from staff that pavement design guidelines are forlnatted to VDOT guidelines. Thank you again for providing tis with an update of this very informative document. Sincerely,C~~ ~ Dean McCiain Director, Legislative & Regulatory Affairs Dept "Do Business With A Member" Affdtated wtth the ttome Btulde~s Assoctatton of Vtrguua and the Nattonal Assoctatton of tlome Budders Summary of Changes to the Public Works Engineering Specifications and Standards Manual February 1999 Significant changes and major formatting revisions were made to the Public Works Engineering Specifications and Standards Manual this year. Most of the manual was substantially rewritten and wordsmithed to provide a more consistent style and format, to correct grammatical errors, to reduce redundancy and conflicting information, and to improve cross referencing General changes were made to Chapters 2, 3, 5, 6, 7, 9, 10, 12, 13, 14, 15, 16, and 17; Appendices A, B, C, D, E, and F; and the Index of Tables T. Technical changes were made to incorporate City, State and Federal requirements, pavement design, and traffic engineering requirements. Those specific technical changes are summarized by Chapter as follows CHAPTER 2 Section 2.12.2.a.2b Added specifications for temporary roll-up sign panels used in construction work zones. CHAPTER 3 Se~tiol~ 3.5 Table III-1 Geometric Standards revised to match details for typical roadway sections in Appendix A. Section 3.8.1, The yearly flood plain elevations were increased for major collector, minor arterial, and major arterial roadways, which raises the minimum top of curb or crown elevation Section 3.9.1 Table 1II-3 revised so Master Transportation Plan right-of-way widths match Appendix A Section 3.11 Tables 111-4, Right Turn Lane Minimum Storage Length/Bay Taper Length Based on MPH, and Ili-5, Left Turn Lane Minimum Storage Length/Minimum Bay Taper Length, revised to meet new turn lane standards CHAPTER 5 Section 5.14 Table V-6, Application Rates for Asphalt Mixes, revised to incorporate maximum application rates CHAPTER 6 Section 6.3.1 Revised to reflect change in width in sidewalks (4' to 5') and bikepaths (8' to 10') CHAPTER 10 Section 10.10 Declaration of covenants for environmental permits for subdivisions and other development plans deleted in its entirety. CHAPTER 16 Section 16.1,4 Added paragraph pertaining to protected lef~ turn signal arrow signals. Section 16.1.6(a)(1) VDOT loop standard revised Section 16.1.6(a)(2) VDOT loop standard revised Section 16.1.8 Last sentence deleted, referencing supplemental pedestrian view signals. Section 16.1.10 Rewritten to delete references to pedestrian view signals Section 16.1,12 Revised to require PVC conduit to be encased in a steel sleeve under pavement Section 16.1.18 Sixth paragraph revised to change wire gauge. Section 1L6,4,7 Technical information deleted. Added reference manual for technical info. Section 16,4,8 Added requirement for certified pavement marking technician CHAPTER 17 Section 17.2.2.b Acorn and Decorative Colonial units were identified as Type 2 fixtures in accordance with the current Virginia Power contract. Section 17.2.4 Joint Use Traffic Signal - Luminaire Poles. Reference was added to Section 16 1.16 "Traffic Signal Poles" Section 17.3.3 Plans and Plan Scale. Item "b" concerning the scale for subdivision plans was revised The old specs called for a 1"= 100' scale for all subdivision plans The new spec simply states that" streetlighting will be shown on an overall lighting plan as well as on the construction plan sheets." This provides the designer more flexibility in choosing an appropriate scale. Section 17.4.3 Section 17.4,5 Lamp Type and Initial Lumen Ratings Table XVII-1 This table was revised to reflect the initial lumen ratings identified in the Virginia Power Outdoor Lighting Handbook Lighting Levels. This section was revised to group both Four and Six lane major arterial roadways together The previous specs identified these facilities separately, and actually called for lower lighting levels on six lane facilities. The revised standard calls for Average Illumination of 0.80 fc and uniformity of 4 to 1 on both roadway sections APPENDIX A Right-of-way revised to comply with VDOT roadway design standards 16' to 20' median (10' clear zone for street lights) and incorporate 5' sidewalk and 10' bikepath Drawin~ # Revised from - to; A-2 167' - 180' A-3 139'- 150' A-4 164' - 180 A-5 145'- 155' A-6 115' - 125' A-7 125'- 130' A-8 96'- 100' A-9 74'- 80' A-10 70'- 75' A-22 105'-110' to 107'-112' A-24 28'- 30' APPENDIX D Reformatted and reordered in logical sequence Blank sheets incorporated for future expansion The following were added D2a D-6 D-14 D-22 D-41 D-44 D-45 D-46 D-52 D-56 D61a D-62 Double let~ turn lane geometrics Subdivision entrance with median Sample camera detection zone chart Handhole for traffic signal installation and maintenance Right tums yield to pedestrians sign layout Added second strap to brackets Dual left turn with permitted U-turn sign Internally illuminated street name sign detail Pedestrian push-button sign layout "Emergency Signal" sign Sidewalk closure and pedestrian detour Pavement markings standards & details Old drawings D9, D54-73, D-76, and D-80 deleted to be replaced by sections of the Virginia Department of Transportation Virginia Work Area Protection Manual (1996). APPENDIX E E-10 Traffic Engineering General notes renumbered and revised Old note 24 (new note 26) revised to delete last semence referring to saw cut width APPENDIX F Minor revisions and updating of references (State Water Control Board to Virginia Department of Environmental Quality) Item VI-K PUBLIC HEARING - 32 - ITEM # 44906 PLANNING Mayor Meyera E Oberndorf DECLARED a PUBLIC HEARING on PLANNING 1. DOUGLAS C. BURLAGE, INC. VARIANCE 2. ROCK CHURCH CONDITIONAL USE PERMIT 3. LENWOOD B. IRELAND CONDITIONAL USE PERMIT 4. VIRGINIA BEA CH PROFESSIONAL FIREFIGHTERS LOCAL #2924 CONDITIONAL USE PERMIT 5. M and M DEVELOPMENT ASSOCIATES, L.L.C. CHANGE OF ZONING 6. TURNER AND ASSOCIATES REALTY, INC. CHANGE OF ZONING , Aprd 27, 1999 Item VI-K PUBLIC HEARING PLANNING - 33 - ITEM # 4490 7 Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, Ctty Councd APPROVED tn one morton Items 1, 2 (DEFERRED), 3 and 4 of the PLANNING BY CONSENT Item 2 was DEFERRED, B Y CONSENT, UNTIL THE CITY COUNCIL SESSION ON A UGUST 11, 1999 Vottng. 9-0 Council Members Vottng Aye' Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, Jr, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Vtce Mayor Wtlham D Sessoms, Jr and A M "Don" Weeks Councd Members Vottng Nay None Council Members Absent Harold Hetschober and Nancy K. Parker April 2 7, 1999 Item VI-K. 1 PUBLIC HEARING PLANNING - 34 - ITEM # 44908 Upon motion by Vtce Mayor Sessoms, seconded by Councdman Branch, Cay Council APPROVED the Apphcation of DOUGLAS C. BURLAGE, INC., for a Variance to Section 4 4(b) of the Subdivision Ordtnance whtch requtres all lots created to meet all requtrements of the Ctty Zontng Ordtnance (CZO) Appeal to Dectstons of Admimstrative Offices tn regard to certatn elements of the Subdtvtston Ordtnance, Subdivtston for Douglas C Burlage, Inc Property ts located on the east stde of Baker Road, 165 feet north of Wesleyan Drtve DISTRICT 4 - BA YSIDE The followtng conchtton shall be requtred 1 A prelimtnary subchvtstonplan/finalplat must be submttted to the Development Servtces Center for approval/recordatton Vottng' 9-0 (By ConsenO Council Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R. Jones, Reba $ McClanan, Mayor Meyera E Oberndorf, Vtce Mayor Willtam D. Sessoms, Jr and A M. "Don" Weeks Councd Members Vottng Nay None Counctl Members Absent Harold Heischober and Nancy K Parker Aprt12 7, 1999 Item VI-K.2. PUBLIC HEARING PLANNING - 35 - ITEM # 44909 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED UNTIL THE CITY COUNCIL SESSION ON AUGUST ltl, 1999, the Ordinance upon apphcatton of ROCK CHUR CH: ORDINANCE UPON APPLICATION OF ROCK CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHILD CARE EDUCATION CENTER Ordinance upon application of Rock Church for a Conditional Use Permit for a child care education center in a church at the northeast intersection of Kempsville Road and Manor Drive Said parcel ts located at 580 Kempsville Road and contains 7. 72 acres. DISTRICT 2 - KEMPSVILLE Voting: 9-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr, Barbara M. Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Vice Mayor William D Sessoms, Jr. and A M "Don" Weeks Council Members Voting Nay' None Council Members Absent' Harold Heischober and Nancy K Parker April 2 7, 1999 Item VI-K.$. PUBLIC HEARING PLANNING - 36- ITEM # 44910 Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, City Councd ADOPTED an Ordtnance upon apphcatton of LENWOOD B. IRELAND for a Condittonal Use Permtt ORDINANCE UPON APPLICATION OF LENWOOD B IRELAND FOR A CONDITIONAL USE PERMIT FOR A COMMUNI~ BOAT DOCK R04992267 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon apphcatton of Lenwood B Ireland for a Condittonal Use Permtt for a communtt¥ boat dock at the Eastern extremtty of Sparrow Road Satd parcel ts located on Parcel C-I, Subdtvtston of property of Lenwood B. and Robm S Ireland, contatns 8,505 square feet (CENTER VILLE- DISTRICT 1) The followtng condttions shall be requtred The submitted stte plan does not dlustrate an ingress/egress easement for the property North of C-l - the Bowcock property. If there ts not a recorded easement provtdmg access to the Bowcock property, a stte plan must be submttted vertfytng legal access has been provtded prtor to release of thts plan 2 No commercial use of the boat dock shall be permttted The proposed boat dock shall be used only by the owners of parcels A and B Parcel owners shall not rent the boat shps or No butl&ngs, boat launches, or addttional parktng or pavement shall be permttted on Parcel C-1 The proposed boat dock shall have only one boat shp and one boat hft for each parcel owners' use - the boat dock shall have a maxtmum of two boat shps and two boat hfts The constructton stagtng area and a stngle accessway shall be dehneated on the site plan and tn the fteld tn an area least likely to adversely tmpact extsttng trees and other vegetatton No trees shall be removed as a result of this proposal Prior to commencement of constructton, tree protectton, acceptable to the Planmng Department, shall be installed 8 Any dtsturbed areas shall be stabihzed wtth vegetatton tmmedtately after constructton The boat dock ts subject to all apphcable federal, state and local rules and regulattons Thts Ordtnance shall be effecttve tn accordance wtth Section 107 (J) of the Zomng Ordtnance Adopted by the Council of the City of Vtrgtnta Beach, Vtrgtnta, on the Twen~-seventh of Aprd, Ntneteen Hundred and Ntne_ty-Ntne Aprd 2 7, 1999 Item VI-K.3. -37- PUBLIC HEARING ITEM # 44910 (Continued) PLANNING Vottng 9-0 (By ConsenO Counctl Members Vottng Aye' Ltnwood 0 Branch, III, Margaret L Eure, Wtlltam W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Vtce Mayor Willtam D Sessoms, Jr and A M "Don" Weeks Councd Members Voting Nay' None Counctl Members Absent Harold Heischober and Nancy K Parker Aprtl 27, 1999 Item VI-K. 4. - 38- PUBLIC HEARING ITEM # 44911 PLANNING Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Council ADOPTED an Ordtnance upon apphcatton of VIRGINIA BEACH PROFESSIONAL FIREFIGHTERS LOCAL #2924 for a Condttional Use Permtt. ORDINANCE UPON APPLICATION OF VIRGINIA BEACH PROFESSIONAL FIREFIGHTERS LOCAL #2924 FOR A CONDITIONAL USE PERMIT R04992268 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon applicatton of Vtrgtnta Beach Professtonal Firefighters Local #2924for a for a fraternal organization lodge on the East stde of Prtncess Anne Road, South of the tntersectton with Sandbrtdge Road. Satd parcel ts located at 2020 Prtncess Anne Road and contatns 8 acres (PRINCESS ANNE- DISTRICT 7) The following conditions shall be required. The stte development shall be tn substanttal accordance wtth the submttted stte plan tttled "Vtrgtnta Beach Ftrefighters, 2020 Prtncess Anne Road" and wtth the elevattons and materials ltst provtded wtth the apphcatton and on file wtth the Vtrgtnta Beach Planning Department Landscaptng shall beprovtded tn accordance with the City Zomng Ordinance and the Stte Plan Ordtnance In addttton, landscaptng as determtned by the Planmng staff shall be provtded for the proposed stormwater management facthty The landscaping shall include matertal adequate to buffer the facthty from Prtncess Anne Road, as well as emergent vegetatton at the toe of the slope. A brick monument-style stgn tn heu oftheproposedfree-standtng pole stgn shall be tnstalled tn accordance with the Ctty Zontng Ordtnance Landscaptng shall be provided at the base of the monument stgn , Prtor to the commencement of any land disturbtng activity, a stormwater management plan shall be submitted to and approved by the Development Services Center A Stormwater Management Facility Matntenance Agreement shall be submttted, revtewed and approved prtor to the issuance ora land chsturbance permtt 5 Thefacdity shall close no later than 2 O0 A M daily 6 A final subdtvtston plat, creattng the 8 acre parcel, shall be submttted wtth the formal site plan for the subject site A 25-foot (25') to 30-foot 00') right-of-way dedicatton, for an ultimate l O0-foot rtght-of-way for Princess Anne Road, shall be dedtcated to the City of Virgtma Beach prior to the release of an approved plan for thts development. The exact amount of the dedtcatton wtll be determined at the time of detatled stte engtneertng for thts development Prtor to the submtttal of a detaded site plan for thts development, the apphcant shall submtt revised elevattons for the proposed butldtng which identtfies and labels the ratsed planter, the horizontal and verttcal brick headers, and the shutters that wtll be tnstalled on the wtndows at the entry portion of the butldtng An elevatton shall also be submttted for the brtck monument sign, to tnclude the requtred landscaptng, butldtng material and chmensions. Aprt12 7, 1999 Item VI-K. 4. - 39- PUBLIC HEARING ITEM # 44911 (Continued) PLANNING Thts Ordtnance shall be effecttve in accordance with Sectton 107 09 of the Zontng Ordtnance. Adopted by the Council of the City of Vtrgtnia Beach, Virginia, on the Twen~_ -seventh of Aprtl, Nineteen Hundred and Ntnety-Ntne Voting 9-0 (By ConsenOI Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L. Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Vice Mayor Wdham D Sessoms, Jr and A M. "Don" Weeks Councd Members Vottng Nay None Counctl Members Absent Harold Heischober and Nancy K. Parker April 27, 1999 Item VI-K. 5. - 40- PUBLIC HEARING ITEM # 44912 PLANNING R J McGtnnis, General Booth, represented the apphcant - developer Glenn Tatnter 2140 Kenwood Drive, Phone' 427-1929, Prestdent- Courthouse/Sandbrtdge Coahtton Judy G Whtte, 2252 General Boulevard, Phone 426-7807, expressed concern relattve trees (did not register In Favor or Opposed The followtng spoke tn OPPOSITION: Judy G Whtte, 2252 General Booth Boulevard, Phone' 426-7807 Tabb Pearson, 2101 Spinning Wheel Court, Phone 427-9452 Beverly Sawyer, 223 7 General Booth Boulevard, Phone. 42 7-3283 Harry Futral, 2105 Sptnntng Wheel Curt, Phone, 563-0274 Upon motion by Council Lady Henley, seconded by Councdman Branch, Ctty Council DEFERRED until the Ctty Counctl Session of May 25, 1999, Or&nances upon appltcatton of M and M DEVELOPMENT ASSOCIATES, L.L.C., for Condtttonal Change of Zomng Dtstrtct Class{ficattons (PRINCESS ANNE - DISTRICT 7) ORDINANCE UPON APPLICATION OF M AND M DEVELOPMENT ASSOCIATES, L L C FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AND AG-2 AGRICULTURAL DISTRICT AND R-20 TO CONDITIONAL 0-1 AND, Ordinance upon apphcatton ofM and MDevelopment Assoctates, L L. C for a Change of Zoning District Classtficatton from AG-1 and AG-2 AgrtculturaI Distrtct and R-20 RestdenttaI Dtstrtct to Condtotnal O- I Office Dtstrtct on the followtng parcels Parcel 1 West side of General Booth Boulevard begtnntng at a point 830feet more or less South of Ferrell Parkway Parcel 2. West side of General Booth Boulevard begtnmng at a potnt 480feet more or less North of HucMeberry Tratl The proposed zomng classtficatton change to Conchttonal 0-1 ts for office land use The Comprehenstve Plan recommends use of this parcel for suburban restdenttal/low denstty at denstttes that are compattble wtth stngle family use tn accordance wtth other Plan pohctes Satd parcels contatn 3 acres. DISTRICT 7 -PRINCESS ANNE ORDINANCE UPON APPLICATION OF M AND M DEVELOPMENT ASSOCIATES, L L.C. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A G-1 and A G-2 AGRICULTURAL DISTRICTS AND R-20 TO CONDITIONAL A-18 Ordinance upon apphcatton ofM and MDevelopment Associates, L.L C for a Change of Zomng Dtstrtct Classtficatton from AG-1 and AG-2 Agrtcultural Districts and R-20 Restdenttal Dtstrtct to Concltttonal A-18 Apartment Dtstrtct on certatn property located on the northwest side of General Booth Boulevard 250feet more or less south of Ferrell Parkway Theproposed zontng classificatton change to/ConchttonalA-18 ts for multt- famtly residenttal land use at a denstty no greater than 18 dwelling umts per acre The Comprehenstve Plan recommends use of thts parcel for suburban restdential/low denstty at denstttes that are compatible wtth single faintly use tn accordance with other Plan pohctes Aprt12 7, 1999 Item VI-K.$. PUBLIC HEARING PLANNING - 41 - ITEM # 44912 Councd Lady Henley expressed concern relative thts corrtdor and did not wtsh this to be accomphshed tn a piecemeal fashion Councd Lady Henley requested the Staff, at the City Council Workshop SCHEDULED for May 17, 1999, present an overvtew of thts enttre area tncludtng the 150 acres of commerctal, whtch ts about to be developed, and what ts proposed at thts parttcular ttme by penchng apphcattons She expressed concerns as to how will thts area wdl look upon full development Councilman Branch concurred wtth Councd Lady Henley's concern relative the tnfill areas Development wdl effect the ulttmate populatton, schools, infrastructure and eventually water agatn Councdman Branch requested the staff advise the reasons for thetr recommendatton Councilman Branch was not aware there was a renewed need for houstng. Counctlman Branch ts destrous of further tnformatton Voting 8-0 Councd Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wilham W Harrison, Jr., Barbara M. Henley, Reba S McClanan, Mayor Meyera E Oberndorf, Vtce Mayor Wdham D Sessoms, Jr and A M "Don" Weeks Council Members Vottng Nay None Councd Members Abstaining: Louts R Jones Council Members Absent Harold Heischober and Nancy K Parker Councilman Jones ABSTAINED pursuant to Sectton 2 1-639 14(E), Code of Vtrgtnta, he owns property located on Prtncess Anne Road chrectly across the street from the parcels whtch are the subject of the apphcattons Hts property ts valued tn excess of $10, O00 The Ctty Attorney has advised he ts a member of a group, the members of whtch could be affected by any actton taken by Councd on the apphcations Councilman Jones wtshes to chsclose thts tnterest and ABSTAIN from parttctpatton tn Ctty Councd's chscusston and vote on the applicattons. Councdman Jones' letter of Aprd 2 7, 1999, ts hereby made a part of the record April 27, 1999 LOUIS R JONES COUNCILMAN - DISTRICT 4 - BAYSIDE City of Virginia Apnl 27, 1999 PHONE (757) 583-0177 FAX (757) 426-5669 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Section 2.1-639.14(E), Code of Virginia Dear Mrs. Smith: Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(E), Code of Virginia, I make the following disclosure: o The transactions for which I am executing this written disclosure are the City Council's discussion and vote on applications ofM & M Development Associates, L.L.C. for a change of zoning district classification with respect to three parcels of property located between Ferrell Parkway and Pnncess Anne Road at their intersection with General Booth Boulevard. , The nature of my personal interest is that I own property located on Princess Anne Road directly across the street from the parcels which are the subject of the above- referenced applications, and that my property is valued in excess of $10,000. , The City Attorney has advised me that, in his oplmon, I am a member of a group (t e., owners of property located adjacent or in close proximity to the subject parcels) the members of which could be affected by any action taken by City Council on the applications. , I wish to disclose this interest and abstain from participating in City Council's discussion and vote on the applications. 1008 WITCH POINT '[RAIL, VIRGINIA BEACH, VA 23455-5645 [ Mrs. Ruth Hodges Smith, CMC/AAE -2- April 27, 1999 Re: Abstention Pursuant to Section 2.1-639.14(E), Code of Virginia Accordingly, I respectfully request that you record th~s declaration ~n your official records. I have enclosed an opinion letter from Leslie L. Lilley, City Attorney, which addresses this same matter. Thank you for your assistance and cooperation in th~s matter. S~ncerely, Louis R. J Councilmember LRJ/clb Enclosure City of Virginia Beach LESLIE L LILLEY CITY A'FI'ORN EY OP # 590 April 27, 1999 MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH VA 23456-9004 (757) 427-4531 FAX (757) 426-5687 TDD (757) 427-4305 Councilmember Louis R. Jones Municipal Center Virginia Beach, VA 23456 Re: Request for Conflict of Interests Act Opinion Dear Councilmember Jones: I am writing in response to your request for an opinion regarding your ability to participate in City Council's discussion and vote on the applications of M&M Development Associates, L.L.C. ("M&M Development") for a change of zoning district classification with respect to three parcels of property located between Ferrell Parkway and Princess Anne Road near their intersection with General Booth Boulevard. SUMMARY CONCLUSION From my review of the Conflict of Interests Act and the information provided by you as referenced below, I am of the opinion that you have a personal interest in the transactions of the City Council concerning the above-referenced applications, as a result of your ownership of property on Princess Anne Road directly across the street from the property which is the subject of the applications. However, as a member of a group (i.e., all owners of property located adjacent or ~n close proximity to the subject property) the members of which could be affected by any action taken by Council on the applications, you may participate in City Council's discussion and vote on the applications upon disclosure of your interest pursuant to Virginia Code § 2.1-639.14 (G). For your information, I have outlined the disclosure requirements of § 2.1-639.14(G) should you choose to disclose your relationship and vote; I have also set forth the applicable provisions for abstention set forth in § 2.1-639 (E), should you choose not to vote. Councilmember Louis R. Jones 2 April 27, 1999 I base the aforesaid conclusions on the following facts which you have presented. Please review and verify the accuracy of the facts as set forth, as you may only rely upon tlus opimon if they are correct and complete. FACTS PRESENTED Your request for an advisory opinion is generated by City Council's discussion and vote on the applications of M&M Development for a change ofzomng d~strict classffication with respect to three parcels of property located between Ferrell Parkway and Princess Anne Road near their intersection with General Booth Boulevard. If the applications are approved, two parcels will be rezoned from AG-1, AG-2 and R-20 to Conditional 0-1, and one parcel will be rezoned from AG-1, AG-2 and 0-1 to A-18. You have advised that your concern and reason for requesting this opinion is that you own property on Princess Anne Road d~rectly across the street from the property which is the subject of the applications, and that your property is valued in excess of $10,000. You have also advised that your property is zoned 0-2. ISSUE PRESENTED Are you permitted to participate in City Council's discussion and vote on the applications of M&M Development for a change of zoning district classification with respect to three parcels of property located between Ferrell Parkway and Princess Anne Road near their intersection with General Booth Boulevard? DISCUSSION The State and Local Government Conflict of Interests Act is set forth in § 2.1-639.1 et seq. of the Code of Virginia (1950), as amended. The primary focus of the Act is on the personal interests of an officer or employee of state or local government in the transactions of, and contracts with, the governmental or advisory agency of which he or she is a member. City Council is a "governmental agency" under the Act. The critical ~nquiry, therefore, is whether your ownership of property on Princess Anne Road d~rectly across the street from the property which is the subject of the applications causes you to have a "personal interest" ~n the Council's d~scuss~on and vote on the applications. "Personal interest" is defined ~n § 2.1-638.2 of the Act as [a] financial benefit or liability accruing to an officer or employee or a member of h~s ~mmed~ate family. Such interest shall exist by reason of(i) ownership in a business if the ownership ~nterest exceeds three percent of the total equity of the business; (i0 annual income Councilmember Louis R. Jones 3 April 27, 1999 that exceeds, or may reasonably be anticipated to exceed, $10,000 from ownership in real or personal property or a business; (iff) salary, other compensation, fnnge benefits, or benefits from the use of property, or any combination thereof, paid or provided by a business that exceeds, or may reasonably be anticipated to exceed, $10,000 annually; (iv) ownership of real or personal property if the interest exceeds $10,000 in value and excluding ownership in a business, income, or salary, other compensation, fringe benefits or benefits from the use of property; or (v) personal liability incurred or assumed on behalf of a business if the liabihty exceeds three percent of the asset value of the business. And, § 2.1-639.2 provides that a "personal interest in a transaction" exists when an officer or employee or a member of his immediate family has a personal interest in property or a business, or represents any individual or business and such property, business or represented individual or business (i) is the subject of the transaction or (n) may realize a reasonably foreseeable direct or ~nd~rect benefit or detriment as a result of the action of the agency considering the transaction. You have a personal interest in the property you own on Princess Anne Road by virtue of its value in excess of $10,000. However, in order to have a personal interest in the applications, your property must be either the subject of the applications or realize a reasonably foreseeable direct or indirect benefit or detriment as a result of any action taken by City Council on the applications. Clearly, your property is not the subject of the transactions; but, the question of "reasonable foreseeability" remains. Because rezoning of the property in question could have an effect on future development of the area in which your property is located, one could argue that it is reasonably foreseeable that the outcome of the applications could have an effect on your property. However, if there is such an effect, the effect will not be limited to your property. Instead, all properties located adjacent or in close proximity to the subject property would be affected. Therefore, ~n accordance with the Act, you are a member of a group (i.e., similarly-situated property owners) the members of which could be affected by any action taken by Council on the applications. Consequently, I conclude that you may participate in Council's discussion and vote on the applications as long as you comply with the disclosure reqmrements of the Act. Based upon my conclusion that you may participate in Council's discussion and vote on applications upon disclosure of your personal ~nterest, such disclosure must include a declaration that you are able to participate in the transactions fairly, objectively, and in the public interest. A proposed disclosure letter which complies w~th § 2.1-639.14 (G) is enclosed for your convenience. Councilmember Louis R. Jones 4 April 27, 1999 You may either make this declaration orally, which is to be recorded ~n the written minutes of City Council, or you may file a signed written declaration w~th the City Clerk, who shall retmn and make this document available for public inspection for a period of five (5) years from the date of recording or receipt. As a final note, the Conflict of Interests Act deals w~th the types of influences upon a public officer's judgment which are clearly improper. The law does not, however, protect agmnst all appearances of improper influence. In that respect, the Act places the burden on the individual officer to evaluate whether the facts presented create an appearance of impropriety which is unacceptable or which could affect the confidence of the public in the officer's ability to be impartial. I have opined that you may participate ~n City Council's discussion and vote on the applications after disclosure of your personal interest. However, if you are concerned that your participation in City Council's discussion and vote on the apphcatmns, even after disclosure, creates an unacceptable appearance, you may abstain from such participation under § 2.1-639.14(E) prowded that you first disclose your interest in the apphcations. I have also enclosed, for your convenience, a proposed abstention letter which complies with that section. Please contact me if you should desire any additional information. Very truly yours, Leslie L. Lilley City Attorney LLL/RMB/sat Enclosures [ ~ Item VI-K. 6. PUBLIC HEARING PLANNING - 42- ITEM # 44913 Upon motton by Councd Lady Henley, seconded by Councdman Branch, Ctty Councd DEFERRED untd the Ctty Councd Sesston of May 25, 1999, Ordtnance upon apphcatton of TURNER & ASSOCIA TES REAL TY, INC for a Condtttonal Change of Zonmg ORDINANCE UPON APPLICATION OF TURNER & ASSOCIATES REALTY, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A G-2 TO CONDITIONAL B-2 Ordinance upon applicatton of Turner &Assoctates Realty, Inc. for a Change of Zontng Dtstrtct Classification from A G-2 Agrwultural Dtstrtct to Conditional B-2 Commumty Busmess Dtstrtct on certatn property located on the south side of Sandbndge Road at tts intersecaon with Painters Lane The proposed zomng class~ficaaon change to Condmonal B-2 ts for commerctal land use The Comprehenstve Plan destgnates thts parcel as being tn the Transmon area Thts area ts planned for appropriate growth opportunmes, consistent wtth the economic vttahty pohc~es of Vtrgmta Beach tn accordance wtth other Plan pohctes Satd parcel contatns 2 148 acres. DISTRICT 7- PRINCESS ANNE Vottng. 8-0 Councd Members Voang Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, Jr., Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf and A M "Don" Weeks Councd Members Voting Nay. None Councd Members Abstatmng: Vtce Mayor Wdliam D Sessoms, Jr Counctl Members Absent Harold Hetschober and Nancy K. Parker Vice Mayor Sessoms ABSTAINED as his bank has a loan on some of the property owned by Prtncessboro Development Company. Aprd 27, 1999 Item VI-L. 1. - 43 - APPOINTMENTS ITEM # 44914 BY CONSENSUS, Ctty Councd RESCHEDULED APPOINTMENTS: WETLANDS BOARD April 27, 1999 Item VI-L.2.. - 44 - APPOINTMENTS ITEM # 44915 Upon NOMINATION by Vtce Mayor Sessoms, Ctty Counctl REAPPOINTED: Kathleen M. Carter A. James DeBellis Thomas A. Felton, Jr. Angel L. Morales 2-Year Terms 7/1/99 - 6/30/2001 AR TS AND HUMANITIES COMMISSION Voting 9-0 (By ConsenO I Counctl Members Voting Aye' Ltnwood O. Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Vtce Mayor William D Sessoms, Jr and A M "Don" Weeks Councd Members Voting Nay None Councd Members Absent Harold Hetschober and Nancy K Parker Aprtl 2 7, 1999 Item VI-L. 3. - 45 - APPOINTMENTS ITEM # 44916 Upon NOMINATION by Vice Mayor Sessoms, Ctty Counctl APPOINTED: Catharine L Sampson Unexpired term thru 12/31/99 plus 3 Years - 1/1/2000 - 12/31/2002 CHESAPEAKE BAY AREA PRESER VA TION BOARD Voting' 9-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E Oberndorf, Vtce Mayor Wtlltam D. Sessoms, Jr and A M "Don" Weeks Council Members Voting Nay None Council Members Absent Harold Heischober and Nancy K. Parker Aprt127, 1999 Item VI-L. 4. - 46- APPOINTMENTS ITEM # 44917 Upon NOMINATION by Vice Mayor Sessoms, Ctty Counctl APPOINTED: APPOINTED: Margaret L. Eure AND, REAPPOINTED: Nancy K. Parker James K. Spore 2-Year Term 7/1/99 - 6/30/2001 HAMPTON ROADS PLANNING DIS TRICT COMMISSION Vottng 9-0 Council Members Vottng Aye. Ltnwood 0 Branch, III, Margaret L. Eure, William W Harrtson, Jr, Barbara M Henley, Louis R Jones, Reba $. McClanan, Mayor Meyera E Oberndorf Vtce Mayor Wdham D $essoms, Jr and A M "Don" Weeks Counctl Members Vottng Nay None Counctl Members Absent Harold Heischober and Nancy K. Parker Aprt127, 1999 Item VI-L. 5. -47- APPOINTMENTS ITEM # 44918 Upon NOMINATION by Vtce Mayor Sessoms, Ctty Council APPOINTED: Jody M. Wagner Unexpired term thru 5/31/2002 MEDICAL COLLEGE OF HAMPTON ROADS Vottng' 9-0 Counctl Members Voting Aye' Ltnwood 0 Branch, III, Margaret L. Eure, William W Harrtson, Jr, Barbara M Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Vtce Mayor William D Sessoms, Jr and A M "Don" Weeks Councd Members Voting Nay None Counctl Members Absent Harold Hetschober and Nancy K Parker Aprt127, 1999 Item VI-L. 6. - 48- APPOINTMENTS ITEM # 44919 Upon NOMINATION by Vtce Mayor Sessoms, City Council REAPPOINTED: Ronald D. Madison 4-Year Term 7/1/99 - 6/30/2003 SOCIAL SERVICES BOARD Vottng 9-0 Counctl Members Vottng Aye: Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr, Barbara M. Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Vtce Mayor Wtlham D Sessoms, Jr and A M "Don" Weeks Counctl Members Voting Nay' None Counctl Members Absent Harold Hetschober and Nancy K Parker Aprt12 7, 1999 Item VI-L. 7. - 49 - APPOINTMENTS ITEM # 44920 Upon NOMINATION by Vtce Mayor Sessoms, Ctty Counctl REAPPOINTED: Stanley Waranch 4- Year Term 7/1/99 - 6/3 0/2 0 03 TIDEWATER COMMUNITY COLLEGE Voting 9-0 Councd Members Vottng Aye Linwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M. Henley, Louts R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf Vtce Mayor Wtlham D Sessoms, Jr and A M "Don" Weeks Counctl Members Vottng Nay: None Counctl Members Absent Harold Hetschober and Nancy K Parker April 27, 1999 Item VI-N. 1. - 50- NE W BUSINESS ITEM # 44921 BY CONSENSUS, Ctty Councd RECORDED: ABSTRA CT OF LEGAL CASES RESOLVED - MARCH 1999 Aprt127, 1999 Item VI-O. - 51 - AD JO URNMENT ITEM # 44922 Mayor Meyera E Oberndorf DECLARED the City Council Meettng ADJOURNED at 8:00 P.M. Beverly ~ Hooks, CMC/AAE Chief Deputy Ctty Clerk City Clerk Meyera E Oberndorf Mayor City of Vtrgtnta Beach Virgtnta Aprd 27, 1999 CITY OF VIRGINIA BEA CH SUMMARY OF COUNCIL ACTIONS H E 0 H I M B A S C E S DATE April 27, 1999 B R C H C R P E PAGE I R R H E J L N A S W A E I O N O A D R S E I N U S B L N N O K O E AGENDA C R O E E E A R E M K ITEM # SUBJECT MOTION VOTE H E N R Y S N F R S S I/A BRIEFINGS Clarence Warnstaff, D~r AGING INFRASTRUCTURE Pubhc Ubht~es/ Pubhc Works B TRT/PENTRAN COST ALLOCATION Les L~lley, C~ty Attorney, Path Ph~lhps, D~r of F~nance II/A CITY COUNCIL WORKSHOP E Dean Block, D~r Mgmt MANAGEMENT RESOURCE PLAN Services Ill/IV/ CERTIFICATION OF EXECUTIVE None Held V/VI/ SESSION E F/1 MINUTES- Sessions - 4/13/99 APPROVED/ 9-0 Y Y Y A Y Y Y Y A Y Y CORRECTED 2 MINUTES - Pubhc Heann~l - 4/15/99 APPROVED 9-0 Y Y Y A Y Y Y Y A Y Y G/H/1 PROCLAMATION - SPECIAL OLYMPICS Robert M~ller, DAY May 1, 1999 Pres Area II, Anthony Sweeney, Athlete/others representing various Coaches/ sports Olympians 2 SURFING ACCESS FOR EVERYONE Dave Jester, (SAFE) John Hooker 3 FALSE CAPE LODGE Donald Maxwell, D~r, Economic Dev I/1 LEASE OF CITY-OWNED PROPERTY - No Speakers 2200 Parks Avenue (BEACH - DISTRICT 6) J/1 Ordinance re LEASE of c~ty-owned ADOPTED BY 9-0 Y Y Y A Y Y Y Y A Y Y property at 2200 Parks Ave to CONSENT Contemporary Art Center of Va, for 5 yrs/authorize Agreement (BEACH - DISTRICT 6) 2 Ordinance to APPROPRIATE $233,433 ADOPTED BY 9-0 Y Y Y A Y Y Y Y A Y Y from grants/additional state funding to CONSENT Commun,t~ Servmes Board re MH/MR 3 Ordinance to grant CAVALIER ADOPTED BY 9-0 Y Y Y A Y Y Y Y A Y Y TELEPHONE a temporary nonexcluswe CONSENT revocable license re telecommun,cation facihtms ~n C~ty's pubhc ways/authorize Agreement 4 Ordinance to authorize temporary DEFERRED 9-0 Y Y Y A Y Y Y Y A Y Y encroachments ~nto port~on of C~ty's r-o- TO MAY 4, w at Mediterranean Ave/14th StJ16th St 1999, BY by V B PENTECOSTAL CHURCH OF CONSENT CHRIST re directional s~gns (BEACH - DISTRICT 6) (Deferred Apnl 13, 1999) 5 Resolution to authorize promulgation of ADOPTED BY 9-0 Y Y Y A Y Y Y Y A Y Y Amendment Number 5 of CONSENT Specifications/Standards Manual developed by Pubhc Works K/1 DOUGLAS C, BURLAGE, INC,, Variance APPROVED/ 8-0 Y Y A A Y Y Y Y A Y Y to Sec 4 4(b) of Subd~ws~on Ordinance all CONDITIONED lots meet CZO on Baker Road/Wesleyan BY CONSENT Drive (BAYSIDE - DISTRICT 4) 2 ROCK CHURCH CUP Child care AUTHORIZED 8-0 Y Y A A Y Y Y Y A Y Y educabon center ~n a church at 580 90-DAY Kempswlle Road (KEMPSVILLE - DEFERRAL BY DISTRICT 2) (Deferred 1/26/99) CONSENT 3 LENWOOD B, IRELAND CUP APPROVED/ 8-0 Y Y A A Y Y Y Y A Y Y Commumty boat dock at Sparrow CONDITIONED Road/property of Lenwood B/Robin S BY CONSENT Ireland {CENTERVILLE- DISTRICT 1) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 H I M B A S C E S DATE April 27, 1999 B R C H C R P E PAGE 2 R R H E J L N A S W A E I O N O A D R S E N U S B L N N O K O E AGENDA C R O E E E A R E M K ITEM # SUBJECT MOTION VOTE H E N R Y S N F R S S 4 V B PROFESSIONAL FIREFIGHTERS APPROVED/ 8-0 Y Y A A Y Y Y Y A Y Y LOCAL #2924 CUP Fraternal CONDITIONED orgamzat~on lodge at 2020 Pnncess Anne BY CONSENT Road (PRINCESS ANNE - DISTRICT 7I 5 MIM DEVEL ASSOC. COZ (PRINCESS DEFERRED 9-0 Y Y Y A Y Y Y Y A Y Y ANNE - DISTRICT 7) TO MAY 25 AT 6 PM FOR a AG-I/AG-2 to Conditional O-1 at FURTHER Huckleberry Tra~l REVIEW OF b AG-1/AG-2/R-20 to Conditional A-18 at COMP PLAN, Ferrell Parkway ETC 6 TURNER/ASSOC. REALTY, INC. COZ DEFERRED 8-0 Y Y Y A Y Y Y Y A A Y from AG-2 to Conditional B-2 at TO MAY 25 AT B Sandbndge Road/Painters Lane 6 PM FOR S (PRINCESS ANNE - DISTRICT 7) FURTHER T REVIEW OF A COMP PLAN, I ETC N E D L APPOINTMENTS ARTS & HUMANITIES COMMISSION APPROVED 9-0 Y Y Y A Y Y Y Y A Y Y Reappointed Kathleen M Carter 2-Yr Terms A James DeBell~s 7/1/99- Thomas A Felton, Jr 6/30/2001 Ancjel L Morales CHESAPEAKE BAY AREA APPROVED 9-0 Y Y Y A Y Y Y Y A Y Y PRESERVATION BOARD Unexpired thru 12/31/99 plus 3 Appointed Catharme I Sampson Years- 1/1/2000 - 12/31/2002 HAMPTON ROADS PLANNING APPROVED 9-0 Y Y Y A Y Y Y Y A Y Y DISTRICT COMMISSION (HRPDC) Appointed Margaret L Eure 2-Year Terms 7/1/99- Reappointed Nancy K Parker 6/30/2001 James K Spore MEDICAL COLLEGE OF HAMPTON APPROVED 9-0 Y Y Y A Y Y Y Y A Y Y ROADS Appointed Jody M Wagner Unexpired thru 5/31/2002 SOCIAL SERVICES BOARD APPROVED 9-0 Y Y Y A Y Y Y Y A Y Y 4-Year Term Reappointed Ronald D Madison 7/1/99- 6/30/2003 TIDEWATER COMMUNITY COLLEGE APPROVED 9-0 Y Y Y A Y Y Y Y A Y Y 4-Year Term Reappointed Stanley Waranch 7/1/99 - 6/30/2003 WETLANDS BOARD Rescheduled B Y C O N S E N S U S M/N/1 ABSTRACT OF LEGAL CASES C~ty Clerk to B Y C O N S E N S U S RESOLVED - MARCH 1999 Record O ADJOURNMENT 8 00 PM MANAGEMENT RESOURCE PLAN FY 1999-2000 OPERATING BUDGET & C I P SCHEDULE DATE TIME BUDGET UNIT Thursday, May 6 - Workshop 3 PM - 5 PM Reconclhatlon Councd Conference Room Tuesday, May 11 2 PM Councd Action - Councd Chambers