HomeMy WebLinkAboutSEPTEMBER 8, 1998 MINUTESCITY COUNCIL
City of Virginia t4cach
"WORLD'S LARGEST RESORT CITY"
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR WILLIAM D. SESSOMS, JR., At-Large
LINWOOD O. BRANCH 1II, District 6-Beach
MARGARET L. EURE, District l-Centerville
WILLIAM W. HARRISON, JR., District 5-Lynnhaven
HAROLD HEISCHOBER. At-Large
BARBARA M. HENLEY, District 7-Princess Anne
LOUIS R. JONES, District 4-Bayside
REBA S. McCLANAN, District 3-Rose Itall
NANCY K. PARKER, At-Large
A.M. (DON) WEEKS, District 2-Kempsville
JAMES K. SPORE, City Manager
LESLIE L. LILLEY, City Attorney
RUTH HODGES SMITH, CMC/AAE, City Clerk
CITY COUNCIL AGENDA
CITY HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PtfONE: (757) 427-4303
FAX: (757) 426-5669
EMAIL: CTYCNCL~CITY.VIRGINIA-BEACH.VA.US
08 SEPTEMBER 1998
CITY MANAGER'S BRIEFINGS
- Conference Room -
10:30AM
Ao
Bo
Co
YEAR 2000 (Y2K)
David Sullivan, Director, Department of Informational Technology
RESORT AREA ADVISORY COMMISSION (RAAC)
James B. Ricketts, Director, Department of Convention and Visitor Development
FY 1997-1998 YEAR-END FUND BALANCE
Patricia A. Phillips, Director, Department of Finance
II. REVIEW OF AGENDA ITEMS
III. CITY COUNCIL CONCERNS
IV. INFORMAL SESSION
- Conference Room -
12:30 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
V. FORMAL SESSION
- Council Chamber -
2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION:
The Reverend Jack Smith
First Church of the Nazarene
Co
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
01 September 1998
G. AGENDA FOR FORMAL SESSION
The Consent Agenda will be determined during the Agenda Review Session and considered in the
ordinary course of business by City Council to be enacted by one motion.
H. ORDINANCES
Ordinance to AMEND and REORDAIN Section 21-459 of the City Code re pedestrian
control signals.
Ordinances re FY 1997-1998 School Operating Fund:
AMEND Ordinance #98-2489H; and, APPROPRIATE $1,706,697 in FY 1997-
1998 School Operating Fund Reversion to Project #1-209 buses and vehicles
backlog
bo
AMEND Ordinance #98-2489Q; AMEND Capital Project #1-212 Elementary
School Modernization Program; REDUCING APPROPRIATIONS to a total of
$72,114,324 in FY 1998-1999; and, changing funding sources in accordance with
the proposed November 3, 1998, School Bond Referendum.
Co
Ordinance to APPROPRIATE $750,000 from EXCESS FY 1997-1998 revenues ~n
the Fund Balance to the FY 1998-1999 School Operating Fund Instructional
Category re costs associated with the Early Retirement Incentive Program
(ERIP).
°
Ordinance to establish Capital Project #7-015, Lynnhaven Drive Drainage Outfall; and,
APPROPRIATE $180,000 from the Storm Water Enterprise Fund's retained earnings to
the Project in the FY 1998-1999 Capital Budget for design and construction costs.
4. License Refunds: $143,539.95
PUBLIC HEARING - PLANNING
PLANNING BY CONSENT - To be determined during the Agenda Review Session.
1. Application of SPRINT PCS and C.E. FOREHAND III for a Conditional Use Permit
for a communication antenna_ on the East side of Baker Road, North of Thurston Avenue
(1424 Baker Road), containing 4.364 acres (DISTRICT 4 - BAYSIDE).
Recommendation: APPROVAL
Application of WILMIK, INC. for a Conditional Use Permit for a contractors bulk storage
yard on the North side of Virginia Beach Boulevard, beginning 660 feet West of First
Colonial Road, containing 27,500 square feet (DISTRICT 5 - LYNNHAVEN).
Recommendation:
APPROVAL
Application of THALIA UNITED METHODIST CHURCH for a Conditional Use.
Permit for a ~ at the Southwest intersection of Virginia Beach Boulevard and
~orth Fir Avenue (211 North Fir Avenue), containing 39,900 square feet (DISTRICT 3 -
ROSE HALL).
Recommendation:
APPROVAL
Application of TRACY B. CURRY for a Conditional Use Permit for mini-warehouses on
Section 1, Part of Parcel A, Cherry Park (6632 Indian River Road), containing 2.41 acres
(DISTRICT 1 - CENTERVILLE).
Recommendation:
APPROVAL
Application of SAINT MATTHEW'S CATHOLIC CHURCH for a Conditional Use
Permit for a church addition (classrooms) 115 feet more or less North of the intersection
of Sandra Lane and Trestman Avenue (3314 Sandra Lane), containing 13.013 acres
(DISTRICT 1 - CENTERVILLE).
Recommendation:
APPROVAL
o
RECONSIDERATION TO ALLOW MODIFICATION OF CONDITIONS in the 13
January 1998 approved application of THE FOUNDERS VILLAGE, INC. for changes of
zoning from B-1 Neighborhood Business District, I-1 Light Industrial District and R-5D.
Residential Duplex District to 0-2 Office District at the Northwest quadrant of thc
intersection of Regent University Drive and Jake Sears Road, now applying as THE
CHRISTIAN BROADCASTING NETWORK (DISTRICT 1 - CENTERVILLE).
Recommendation:
APPROVAL
Application of McGINNIS REALTY and DEVELOPMENT COMPANY for a
Conditional Change of Zoning District Classification. from AG-1 and AG-2 Agricultural
Districts to Conditional R- 10 Residential District on the East side of Holland Road beginning
284.20 feet South of Saville Garden Way, containing 13 acres (DISTRICT 7 - PRINCESS
ANNE).
Deferred:
25 August 1998
Recommendation: APPROVAL
o
Application of COWAN CONSTRUCTION AND DESIGN, INC. for a Change of Zoning
District Classification from A-12 Apartment District to R-5S Residential Single Family
District. at the Southwest comer of Alabama Avenue and Garfield Avenue, containing 23,958
square feet (DISTRICT 3 - ROSE HALL).
Recommendation:
APPROVAL
o
Ordinance to AMEND and REORDAIN Sections 111,401,801,901 and 1001 of the City
Zoning Ordinance (CZO) and to ADD new Section 233.15 re fiber optics transmission
facilities,
Recommendation:
APPROVAL
j. APPOINTMENTS
DEVELOPMENT AUTHORITY
WETLANDS BOARD
K. UNFINISHED BUSINESS
L. NEW BUSINESS
M. ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
09/03/98/cmd
AGENDA\09-08-98.PLN
www.virginia-beach.va.usa.
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS H l
E 0
H I M B I
A S C E S I
BER 1998 B R C H C R P E I
DATE: 01 SEPTEM E J L N A S V
R R H
PAGE: I A E I O N O A D .R. (~ ~i
N U S B L N N O K L]
C R O E E E A R E M I~ II
AGENDA .......... OTS H E N R Y S ~ F R S ~ II
IIIIIIIII CERTIFICATION OF EXECUTIVE CERTIFIED 10-0 A Y Y Y Y Y Y Y Y II
IV/E SESSION
~-~~ . .. - y y y y y Y I' 11
F/1 vllNUTES - 25 August 1998 APPROVED 9-0 A Y Y i / '
G/H~ PUBLIC HEARING: NO ! I~
1 LOCAL LAW ENFORCEMENT SPEAKERS t !1
~ BLOCKGRAhT - ~ -- y y y y y y'~ '~l
/1 Ordinance to ACCEPTIAPPROPRIATE a ADOPTED 10-0 A Y Y Y ' I '
$281,902 Grant from Federal Bureau of BY CONSENT ~ II
Justice Assistance:
a $155,224 - Judgmental Shooting
Simulator (Police Dept) ) II
b $ 72,000 - Bullet-proof vests (Sheriff's
c $ 35,000 - Video conferencing equipment ) II
(Commonwealth's Atty's Office)
d $ 30,000/-Drug Treatment/
$ 21,000 Drug Court Initiative I II
AND (General Distdct Court) II
TRANSFER $31,322 as City's match I Yii
2 Ordinance to AMEND Ordinance ADOPTED 10-0 A Y Y Y Y Y Y Y Y Y
No. 97-2462C re Conservation of the BY CONSENT
Public Water Supply delineating 75% to I II
residential/25% to non-residential uses/ ! II
Director of Public Utilities shall report
annually [ !1
3 Ordinance to APPROPRIATE $45,000 ADOPTED 10-0 a Y Y Y Y Y Y Y Y Y IY Ii
re an interest-free loan to Princess Anne BY CONSENT I II
Court House Volunteer Rescue Squad
4 Ordinance toACCEPT/APPROPRIATE ADOPTED 10-0 A Y Y Y Y Y Y Y Y Y ~ Y II
an $11,000 Grant from VA Dept of Health BY CONSENT
EMS to Emergency Medical Services re / II
defibrillators / II
5 Ordinance to authorize acquisition of ADOPTED 10-0 A Y Y Y Y Y Y Y Y Y I Y II
property in fee simple re park/other public BY CONSENT
purposes for Bow Creek Neighborhood I II
Park Project by agreement or
condemnation /I]
Tax - $ 8,346.58 / ~
j APPOINTMENTS:
COMMUNITY SERVICES BOARD RESCHEDULED a Y C O N S E N S U / S
(CSB)
DEVELOPMENT AUTHORITY
WETLANDS BOARD
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS H
E 0
H M B
A S C E S
DATE: 01 SEPTEMBER 1998 B R C H C R P E
R R H E J L N A S W
PAGE: 2 A E O N O A D R S E
N U S B L N N O K O E
C R O E E E A R E M K
AGENDA H E N R Y S N F R S S
TEM # SUBJECT MOTION VOTE .....
~,DD- OPEN SPACE ADVISORY APPOINTED 10-0 A Y Y Y Y Y Y Y Y Y Y
ON COMMITTEE (No Term)
W Leigh Ansell, Esq
PARKS/RECREATION COMMISSION
APPOINTED 10-0 A Y Y Y Y Y Y Y Y Y Y
Wanda Crabtree (At Large) Unexp thru
0813112001
Walter W ~/Vally" Erb (District 2 - Three Year
Kempsville) Terms
09/01/98
Ray Marion (District 3 - thru
Rose Hall) 08/31/2001
Lillie R Gilbert (At Large) ~.EAPPOINTED 10-0 A Y Y Y Y Y Y Y Y Y Y
Three Year
Term
09/01/98 -
08/31/2001
SOUTHEASTERN HAMPTON ROADS APPOINTED 10-0 A Y Y Y Y Y Y Y Y Y Y
DISABILITY SERVICES BOARD (No Term)
Robert "Bob" Barnaby Jr
K Briefing re Hurricane "Bonnie" Clarence O
~,DD- Warnstaff
Director Public
ON Utilities/
Acting Director
Public Works
L Recess to Executive Session @ 2:55 PM APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y
ADD- re:
ON
I 31~ Street
2 Rudee Loop
ADD- Certify Executive Session CERTIFIED 9-0 Y A y y y y y y y Y A
ON
3:45 PM
M ADJOURNMENT: ....
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
September 8, 1998
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFINGS in the Council
Conference Room, City Hall Building, on September 8, 1998, at 10:30 AM. The YEAR 2000 Briefing was
DEFERRED for two weeks.
Council Members Present:
Margaret L. Eure, Linwood O. Branch, III, Harold Heischober, Barbara
M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf , Nancy K. Parker, Vice Mayor William D. Sessoms and A. M.
"Don" Weeks
Council Members Absent:
William W. Harrison, Jr.
[TAKING SON, WRIGHT, TO THE HOTCHKISS
SCHOOL IN LAKEVIEW, CONNECTICUT]
-2-
CITY MANAGER'S BRIEFING
RESORT AREA AD VISOR Y COMMISSION (RAA C)
10:33 A.M.
ITEM# 44029
James B. Ricketts, Director - Convention and Visitor Development, advised in June 1998, the RAAC held
a RETREAT to evaluate their effectiveness and determine future direction. It was determined there were
several key purposes and roles that the RAAC could fulfill to support the City Council's efforts to realize
its vison of Virginia Beach as a resort destination. Councilman Branch, several department directors, and
the City Manager were in attendance at this retreat. The following was distributed to City Council and is
hereby made a part of the record:
A summary oftheRAACI998Leadership Workshop report, facilitatedby
Lyle Sumek.
A draft of the RAC bylaws and related ordinance extending the RAC as an
appointed commission to June 30, 2004.
The Ordinance changes the name of the Resort Area Advisory Commission (RAAC) to the Resort Advisory
Commission (RAC) and clarifies that the amendments to the BYLAWS can be approved only by City
Council. The ordinance changes the responsibility of the Commission in respect to the Tourism Growth and
Investment Fund by dropping the word "oversight" and leaving the R/IC as a monitoring agency for the
Tourism Growth and Investment Special Revenue Fund. The City staff has made amendments to the
BYLAWS, which have been acceptable to the Resort Area Advisory Commission. Mr. Ricketts wished to
review five issues concerning the B YLA WS:
Extension of RAC as an appointive Commission to June 30, 2004. This
extension has been moved to coincide with the end of the Fiscal Year.
Membership: the RAC recommends the elected leadership, or their
designees, of the Virginia Beach Council of the Hampton Roads Chamber
of Commerce, the Council of Civic Organizations and the Resort Leadership
Council be automatically appointed to RAC. Membership should include at
least 3 design professionals with expertise in the fields of architecture,
urban design, land use planning, landscape architecture, transportation
planning or other design fields important to realizing the purpose of the
Commission.
TGIF: RAA C is recommending the responsibility for oversight of that fund
be changed to more of an advisory role. The word "monitor" has been
utilized for this purpose. By October 15tn of each year, the Commission
shall prepare and submit an Annual Tourism Growth and lnvestment Report
to the City Manager who shall transmit it to the City Council. This Report
shall include the Commission's evaluation of the status of the TGIF Special
Revenue Fund and its recommendations for the use of TGIF in the upcoming
budget cycle. This report shall also include Commission recommendations
for non- TGIF financed operating and capital budgeting initiatives that are
consistent with the Commission's purpose.
Geographic responsibilities and changing of name to the "Resort Advisory
Commission": The Commission would prefer input if City Council agrees
to issues that are city-wide. The tourism industry goes beyond the Resort
Area. The general purpose of the Resort Advisory Commission shall be to
review and make recommendations to City Council regarding (I) projects
and issues associates with the Oceanfront Resort Area, and (ii) such other
resort and/or tourism-related projects and issues as the Council may refer
to the Commission.
Communications: The Commission and the Department of Convention and
Visitor Development shah make a special effort to establish open lines of
communication with other City agencies and these include the Development
Authority, Planning Commission, Shore Drive Advisory Commission, Beach
Events Steering Committing, Advertising Advisory Committee, City
Manager's Resort Area Task Force.
September 8, 1998
-$-
CITY MANAGER'S BRIEFING
RESORT AREA AD VISOR Y COMMISSION (RAAC)
ITEM # 44029 (Continued)
Cheyney Cole, Chair of the RAAC, advised meeting with Peter Lawrence of the Resort Leadership Council.
The RAA C viewed the RLC as the lobbying arm for the business interest in the Oceanfront. The approach of
RAC, from the beginning, would be an objective voice. There are many cases in which RAC and RLC will
probably agree. However, there are some areas in which they will not agree as RAAC is attempting to
balance what is good for the City as a whole, as opposed to what they might view as strictly beneficial to the
Resort Area. The geographical boundaries established in the original charter of RAAC will be retained;
however, if something does occur which is tourist related in another area of the City and City Council feels
it appropriate, a question or study could be referred to the Commission. Councilman Branch is the Council
Liaison with the RAAC and will continue with RAC.
Council Lady McClanan expressed concern relative the Commission being male-dominated.
Councilman Heischober suggested a representative of the youth community be appointed in an Ex-Officio
capacity to provide an alternative view.
Mayor Oberndorf advised she received comments from the mature community who are interested in having
additional benches in the Resort Area.
Council Lady Parker encouraged the trash in the Resort Area be put out in the morning and not at night.
Mayor Oberndorf requested Chairman Cole remind the merchants of their promise to leave their lights on
at night so the streets will not be so dark.
September 8, 1998
-4-
CITY MANAGER'S BRIEFING
FY 1997-1998 YEAR-END FUND BALANCE
11:00 A.M.
ITEM # 44030
Patricia A. Phillips, Director of Finance, advised there is a typographical error in the Summary of
Expenditures. School Expenditures Variance would be $15.2-MILLION rather than 5.2-MILLION.
General Fund Expenditures were $549.1-MILLION, $25.8-MILLION less than budget. General Fund
Revenues were $539.5-MILLION, $5. I-MILLION greater than budget. This increase over budget for
revenues is primarily the result of personal property taxes, business license taxes and interest on bank
deposits. Hotel room taxes, restaurant meal taxes, city taxes on deeds also contributed significantly to the
increase in revenues. General sales tax receipts were under the budgeted amount by SI.I-MILLION.
Amounts budgeted for sales taxes anticipated an increase of 6. 6% while, statewide, actual increases were
approximately 5.5 percent. In Virginia Beach, the actual increase was 3.3 % over 1997. In addition, utility
taxes, while a significant increase over the prior year, were under budget by $2-MILLION.
GENERAL FUND REVENUES
Areas of Major Variance from Budget
for Fiscal Year Ended 6/30/98
(in Millions)
Budget Actual Variance % Increase over
prior year
Local Revenues
Personal Property $ 69.4 $ 71.3 $1.9 10.9%
Business License 22.5 23.8 1.3 2.0
Utility Taxes 31.3 29.3 (2.0) 11.0
General Sales 36.2 35.1 (1.1) 3.3
City Tax on Deeds 2.1 2.8 .7 26.2
Hotel Room 10.0 10.4 0.4 6.1
Restaurant Meal 21.6 22.0 0.4 6. 6
Use of Money and 6.1 8.6 2.5 4.3
Property
Other Revenue, 285.3 286.2. 0._..~9 4.._~4
Net
484.5. 489.5, 5.0 5.7
Revenue from 39.1 39.0 (. 1) 3.5
Commonwealth
Revenue from 10. 8. I 1.0 0.2 20.5
Federal
Government
Total General ~ $539.5 $ 5.1 5.8%
Fund Revenues
Departmental and other City expenditures were under budget by $10.6-MILLION, while the Schools
reversion was $15.2-MILLION, amounting to a total of $25.8-MILLION. The most significant City
expenditures that were under budget were Police, Social Services, Public Works and Fire.
September 8, 1998
-5-
CITY MANAGER'S BRIEFING
FY 1997-1998 YEAR-END FUND BALANCE
ITEM # 44030 (Continued)
CITY OF VIRGINIA BEACH GENERAL FUND
UNDESIGNA TED FUND BALANCE
JUNE 30, 1998
(in Millions)
Projected Total Fund Balance June 30, 1998 $ 97.9
Less: Reservations and Designations
Encumbrances $ 3.7
Loans, Prepaids 8.4
Y2K Reservation 1.4
City CIP - 1998-99 6. 3
School CIP & Textbook Fund 14. I
School Reserve Fund per Revenue Sharing I. 0
Policy
Unappropriated amount of School l._J.l
Reversion
Projected Undesignated Fund Balance 61.9
LESS: Fund Balance Policy- 82.5% 56.8.
Amount above Policy 5.1.
LESS: Potential Allocation - Gainsharing 1.__~6
Amount Unallocated & Unreserved $3.5
Mrs. Phillips cited the Ordinances contained within City Council's Agenda:
H. 2. Ordinances re FY 1997-1998 School Operating Fund:
a. AMEND Ordinance #98-2489H; and, APPROPRIATE
$1,706,697 in FY 1997-1998 School Operating Fund Reversion
to Project gl-209 buses and vehicles backlog
b. AMEND Ordinance #98-2489Q; AMEND Capital Project #1-212
Elementary School Modernization Program; REDUCING
APPROPRIATIONS to a total of $ 72,114, 324 in FY 1998-1999;
and, changing funding sources in accordance with the proposed
November 3, 1998, School Bond Referendum.
c. Ordinance to APPROPRIATE $750, O00 from EXCESS FY 1997-
1998 revenues in the Fund Balance to the FY 1998-1999 School
Operating Fund Instructional Category re costs associated with
the Early Retirement Incentive Program (ERIP).
Ordinances a and b are to replace the ones adopted as part of the CIP on May 12, 1998. H. 2. a wilt delete
project #1-196 Instructional Technology and appropriate $1,806,697 from the School Operating Fund FY
1997-98 reversion to project #1-209 Buses and Vehicles Backlog. This amount, in addition to the amount
in the operating budget, will allow for the acquisition of school vehicles and reduce the bacMog. Ordinance
H. 2. b. will revise funding sources for project #1-212 Elementary School Modernization Program in
accordance with the proposed November 3, 1998, School Bond Referendum. This will reflect the project
financing alternative adopted by City Council on August 18, 1998, in which additional contributions from the
State, additional FY 1997-98 School Reversions, and increased pay-as-you-go funding were used to further
reduce debt.financing. As a result, the original referendum amount of $76,700,000 has been reduced to
$57,500,000.
September 8, 1998
-6-
CITY MANAGER'S BRIEFING
FY 1997-1998 YEAR-END FUND BALANCE
ITEM # 44030 (Continued)
The City Council by action of August 18, 1998, directed $9.7-MILLION in ending balances from the FY
1997-98 School Operating Fund applies to the Elementary School Modernization Program, so that the
needed Referendum bonds and associated real estate tax rate increase could be minimized. FY 1997-98
collections of those revenues included in the City/School Revenue Sharing policy have exceeded projections.
The School share of the excess is $1,004,423. Relative Ordinance H. 2. c., it is proposed to allocate $750,000
to the Early Retirement lncentive Program (ERIP) (twice the amount budgeted for this program in FY1997-
98) with the balance of the excess directed toward acquisition of additional buses through capital project #1-
209 Buses and Vehicles Backlog. Information relative the number of school buses purchased shall be
provided.
SCHOOL OPERATING FUND
STATEMENT OF REVENUES, EXPENDITURES AND ENCUMBRANCES
FOR FISCAL YEAR ENDED 6/30/98
(in Millions)
Budget Actual Variance
REVENUES
City $182.2 $167.0 $ (15.2) *
Local 48.5 49.0 0.5
from Commonwealth 172.4 173.4 1.0
from Federal Government 8. O. 12.5. 4.._~5
TO TAL RE VENUES $ 411.1 ~ ~
EXPENDITURES
Instruction $ 344.0 $ 338.3 $ 5.7
Administration, Attendance & 12.8 11.9 O. 9
Health
Pupil Transportation 17. 0 16. 8 0.2
Operations and Maintenance 44.6. 42.3_ 2.3
TOTAL EXPENDITURES & ~ 40~9.3 ~; 9.1
ENCUMBRANCES.
*Reversion amount
CounciI Lady Eure referenced Exhibit A-1 (Statement of Revenues, Expenditures and Encumbrances). Mrs.
Phillips advised departments do not overspend their budget. Relative the Museums, this 101.35 percent
obligated has to do with their inventory. When sales are up, additional inventory must be purchased which
drives up the percentage on this side of the equation. Council Lady Eure referenced the Tourism Growth
Investment Fund with a percent obligated ofi04.58% and the Tourism Advertising Program Fund with
a percent obligated of 105.27%. Mrs. Phillips advised the transfers to the TGIF and TAP are based on the
way the revenues are received. Those funds have certain percentages of the hotel and the meal tax; therefore,
when the revenues in those particular categories are doing very well, the transfers increase.
Mrs. Phillips advised Councilman Branch relative the "car tax" issue, the amount from the local revenues
will be decreasing while the amount from the State will be increasing. If it works the way it is planned, the
City should balance out. The growth factor, as a result of the reduction in personal property, will be nil. The
City is on a modified accrual basis.
Councilman Heischober understood the next decrease in personal property tax would not be handled in the
same manner as the last one. The funds went directly to the individual. As he understands now, the citizen puts
in a claim for the equivalent personal property tax and then the state reimburses the individual. Mrs. Phillips
advised if the funds are received within 45 days after year's end, these can be accrued. Beyond that the
situation must be investigated. Mrs. Phillips did not see any reason why the State could not pay in that period
of time.
September 8, 1998
-7-
AGENDA RE VIEW SESSION
II:25 A.M.
ITEM # 44031
H. 2. Ordinances re FY 1997-1998 School Operating Fund:
AMEND Ordinance #98-2489H; and, APPROPRIATE $1,706, 697 in
FY 1997-1998 School Operating Fund Reversion to Project #1-209
buses and vehicles backlog
AMEND Ordinance #98-2489Q; AMEND Capital Project #1-212
Elementary School Modernization Program; REDUCING
APPROPRIATIONS to a total of $ 72,114, 324 in FY 1998-1999;
and, changing funding sources in accordance with the proposed
November 3, 1998, School Bond Referendum.
c. Ordinance to APPROPRIATE $750,000 from EXCESS FY 1997-
1998 revenues in the Fund Balance to the FY 1998-1999 School
Operating Fund Instructional Category re costs associated with
the Early Retirement Incentive Program (ERIP).
E. Dean Block, Director of Management Services, advised relative Ordinance H. 2. a., concerning school
buses. In the year just ended 1997-1998, the school system expended $2.13-MILLION on buses and
purchased 49. Given what has been approved today in their Operating Budget and the Capital Improvement
Program plus the funds contained within this Ordinance, the School system would have a total of $3.2-
MILLION to expend on buses in the present Fiscal Year, which could acquire 64 busses. Therefore, a total
of lI3 buses would have been acquired over the last two years. In addition, the School system will have
$570,000, which they will have available to utilize for their "yellow" trucks and other vehicles in their system
which also must be replaced.
Mayor Oberndorf advised one of the major news items on Good Morning America, this morning, was Mr.
Pace and one of the school bus drivers from Virginia Beach discussing the difficulty of attracting a quality
of individuals who wish to drive. The drivers receive $8.50 an hour and an employee who works four hours
a day receives full benefits. The interviewers believed this was the most generous package they were aware
of in any City.
Mr. Block advised Council Lady Parker there are approximately 60 to 70 buses which are still over the
twelve year age limit; however the comments from School staff have indicated good progress in the
deficiencies which occurred in the early 1990's when funds budgeted for buses were diverted without
knowledge of the School Board or the City Council. The School does not have a problem with the diesel buses
reaching 14years of age as opposed to twelve. The twelve years is not a requirement.
Relative tt. 2. c., Mr. Block has discussed this with Vicky Lewis, Division Chief Financial Officer - Schools,
who believes the School can accommodate any other adjustments necessary within their budget to handle
the final cost. The School Board has been advised by legal counsel that payments to Retirees currently in the
ERIP program cannot be suspended. The ERIP was established four or five years ago.
ITEM # 44032
B Y CONSENSUS, the following items shall compose the CONSENTAGENDA:
ORDINANCES
HI. Ordinance to AMEND and REORDAIN Section 21-459 of the City Code re
pedestrian control signals.
September 8, 1998
-8-
AGENDA RE VIEW SESSION
ITEM # 44032 (Continued)
H2.
Ordinances re FY 1997-1998 School Operating Fund:
AMEND Ordinance #98-2489H; and, APPROPRIATE $1,706,697 in
FY 1997-1998 School Operating Fund Reversion to Project #1-209
buses and vehicles backlog
AMEND Ordinance #98-2489Q; AMEND Capital Project #1-212
Elementary School Modernization Program; REDUCING
APPROPRIATIONS to a total of $ 72,114, 324 in FY 1998-1999;
and, changing funding sources in accordance with the proposed
November 3, 1998, School Bond Referendum.
Ordinance to APPROPRIATE $ 750, O00 from EXCESS FY 1997-
1998 revenues in the Fund Balance to the FY 1998-1999 School
Operating Fund Instructional Category re costs associated with
the Early Retirement Incentive Program (ERIP).
H. 3 Ordinance to establish Capital Project #7-015, Lynnhaven Drive
Drainage Outfall; and, APPROPRIATE $180, O00 from the Storm
Water Enterprise Fund's retained earnings to the Project in the
FY 1998-1999 Capital Budget for design and construction costs.
H. 4 License Refunds: $143,539.95
September 8, 1998
-9-
AGENDA RE VIE ~V SESSION
ITEM # 44033
1.2 Application of WILMIK, INC. for a Conditional Use Permit. for
a contractors bulk storage yard on the North side of Virginia
Beach Boulevard, beginning 660feet West of First Colonial Road,
containing 2 7,500 square feet (DISTRICT 5 - L YN'NHA VEN).
Council Lady Parker expressed concern relative this being a storage yard forever. Does the City Council wish
this area to stay as a major storage use? Karen Laslie, Planning Co-ordinator, advised the Planning
Commission was equally concerned relative the use. The very high quality building will be constructed
according to the rendering which is apart of City Council's Agenda. This will be visible from Virginia Beach
Boulevard. The storage portion will be totally enclosed with a privacy fence. There are other industrial type
uses adjacent to this application.
Council Lady Parker suggested this be reviewed within approximately fiye years.
Council Lady Eure inquired relative a proposed variance. Ms. Laslie advised the applicant would like to seek
a variance to the landscaping normally required on the outside of the fence. The Planning Commission
believes this is appropriate as there are industrial uses in the back which would not have any benefit from
landscaping. Council Lady Eure supported Council Lady Parker's condition of administrative review and
suggested it be between fifieen and twenty years.
This item will be discussed during the Formal Session.
ITEM # 44034
1.4.
Application of TR/ICY B. CURRY for a Conditional Use Permit
for mini-warehouses on Section 1, Part of Parcel A, Cherry Park
(6632 Indian River Road), containing 2.41 acres (DISTRICT 1 -
CENTER VILLE).
Council Lady Parker inquired if, when going down Sandra Lane, the back of the building with some
shrubbery behind it would be in view. Shrubbery is never replaced and this could become an area for
graffiti. The wrought iron fence is only on Indian River Road.
ITEM # 43035
1.5.
Application of SAINT MA TTHEW'S CA THOLIC CHUR CH for
a Conditional Use Permit for a church addition (classrooms) 115
feet more or less North of the intersection of Sandra Lane and
Trestman Avenue (3314 Sandra Lane), containing 13.013 acres
(DISTRICT 1 - CENTER VILLE).
This item will be discussed during Formal Session. There is considerable opposition.
ITEM # 44036
1.6 RECONSIDERATION TO ALLOW MODIFICATION OF
CONDITIONS in the 13 January 1998 approved application of
THE FOUNDERS VILLAGE, INC. for changes of zoning from
B-1 Neighborhood Business District, I-1 Light Industrial District.
and R-5D Residential Duplex District to 0-2 Office District at the
Northwest quadrant of the intersection of Regent University Drive
and ,lake Sears Road, now applying as THE CHRISTIAN
BROADCASTING NETWORK (DISTRICT 1 - CENTER V[LLE
Council Lady Eure expressed concern relative evaluation of a plan and if the applicant now modifying same
would move from single family to apartments. Council Lady Eure would like to have the applicant adhere to
their original plan.
Council Lady McClanan advised this is a congested plan and concurred with Council Lady Eure. She will
vote a VERBAL NAY on this item.
September 8, 1998
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AGENDA RE VIEW SESSION
ITEM ii 4403 7
1.7.
Application of McGINNIS REALTY and DEVELOPMENT
COMPANY for a Conditional Change of Zoning District
Classification. from AG-1 and AG-2 Agricultural Districts to
Conditional R-lO Residential District on the East side of Holland
Road beginning 284.20 feet South of Saville Garden Way,
containing 13 acres (DISTRICT 7- PRINCESS ANNE).
Council Lady Henley advised she had not heard from the opposition; however, she received correspondence
from Mr. McGinnis and believed his points were well made.
1.7
ITEMii 44038
Application of COWAN CONSTRUCTIONAND DESIGN, INC.
for a Change of Zoning District Classification. from A-12.
Apartment District to R-5S Residential Single Family District at
the Southwest corner of Alabama Avenue and Garfield Avenue,
containing 23, 958 square feet (DISTRICT 3 - ROSE HALL).
Council Lady McClanan complimented this company for their excellent construction of homes.
ITEM ii 44039
B Y CONSENSUS, the following items shall compose the PLANNING BY CONSENTAGENDA:
L1.
Application of SPRINT PCS and C.E. FOREHAND III for a
Conditional Use Permit. for a communication antenna on the East
side of Baker Road, North of Thurston Avenue (1424 Baker Road),
containing 4.364 acres (DISTRICT 4 - BA YSIDE).
1.2.
Application of WILMIK, INC. for a Conditional Use Permit for
a contractors bulk storage yard. on the North side of Virginia
Beach Boulevard, beginning 660feet West of First Colonial Road,
containing 2 7,500 square feet (DISTRICT 5 - L YNNHA VEN).
1.3.
Application of THALL4 UNITED METHODIST CHURCH for
a Conditional Use Permit for a parking lot at the Southwest
intersection of Virginia Beach Boulevard and North Fir Avenue
(211 North Fir Avenue), containing 39,900 square feet
(DISTRICT 3 - ROSE HALL).
1.4.
Application of TRACY B. CURRY for a Conditional Use Permit
for mini-warehouses on Section 1, Part of Parcel A, Cherry Park
(6632 Indian River Road), containing 2.41 acres (DISTRICT 1 -
CENTER VILLE).
L6.
RECONSIDERATION TO ALLOW MODIFICATION OF
CONDITIONS in the 13 January 1998 approved application of
THE FOUNDERS VILLAGE, INC. for changes of zoningfrom B-
i Neighborhood Business District. I-1 Light Industrial District
and R-5D Residential Duplex Distric( to 0-2 Office District.. at the
Northwest quadrant of the intersection of Regent University Drive
and Jake Sears Road, now applying as THE CHRISTIAN
BROADCASTING NETWORK (DISTRICT1 - CENTER VILLE).
September 8, 1998
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AGENDA RE VIEW SESSION
ITEM # 44039 (Continued)
L7. Application of McGINNIS REALTY and DEVELOPMENT
COMPANY for a Conditional Change of Zoning District
Classification from AG-1 and AG-2 Agricultural Districts to
Conditional R- 10 Residential District.. on the East side of Holland
Road beginning 284.20 feet South of Saville Garden Way,
containing 13 acres (DISTRICT 7 - PRINCESS ANNE).
1.8
Application of COWAN CONSTRUCTIONAND DESIGN, INC.
for a Change of Zoning District Classification from A-12.
Apartment District to R-5S Residential Single Family District at
the Southwest corner of Alabama Avenue and Garfield Avenue,
containing 23,958 square feet (DISTRICT 3 - ROSE HALL).
1.9.
Ordinance to AMEND and REORDAIN Sections 111, 401, 801,
901 and 1001 of the City Zoning Ordinance (CZO) and to ADD
new Section 233.15 re fiber optics transmission facilities.
Item 1.2 will be APPROVED, BY CONSENT, with the Addition of Condition 8 (There will be an
Administrative Review of the project at the end of fifteen (15) years).
Council Lady McClanan will vote a VERBAL NAY on Item I. 6.
September 8, 1998
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CITY COUNCIL CONCERNS
lI:46 A.M.
ITEM # 44040
Council Lady Eure referenced the VIRGINIAN-PILOT of Monday, September 7, 1998. Every page has the
correct date except two pages consisting of the EDITORIAL section which state Tuesday, September 8,
199& Because the Council is aware of how inaccurate the Editorial Page is regarding Virginia Beach City
Council Council Lady Eure called the newspaper and said it would be nice if they could get something right
on the Editorial Page. including the date line.
ITEM # 44041
Council Lady Henley introduced Toni Guagenti's Baby, Lauren Anderson, a beautiful little girl. Toni is
a reporter with THE VIRGINIAN-PILOT.
ITEM # 44042
Councilman Branch advised, after the conversatton at City Councd s Retreat relattv the Contractor's Paving
Lot off of Route 44, he called Mr. Teets, who stated he has received permission from VDOT to pipe the
drainage ditch which will allow him to landscape that area.
ITEM#44043
Council Lady Parker advised there was an RFP (Request for Information) relative the sound issue at the
amphitheater. The City Manager advised he will bring the RFP to City Council for their concurrence in terms
of proceeding. The results of the survey have also been received.
ITEM# 44044
Council Lady Parker inquired relative the berm for the soccer stadium. The City Manager advised the trees
and shrubs would be planted this Fall.
September 8, 1998
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ITEM # 44045
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, September 8, 1998, at
ll:48A.M.
Council Members Present:
Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara
M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and
A. M. "Don" Weeks
Council Members Absent:
William W. Harrison, Jr.
September 8, 1998
- 14-
ITEM # 44046
Mayor Meyera E. Oberndorf entertained[ a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion or consideration of or interviews of
prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining, or resignation of
specific public officers, appointees, or employees pursuant to Section 2.1-
344 (A) (1).
To Wit: Community Services Board
Development Authority
Wetlands Board
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of the
disposition of publicly-held property, or of plans for the future of an
institution which could affect the value of property owned or desirable for
ownership by such institution pursuant to Section 2.1-344(A)(3).
To-Wit:
Agricultural Reserve Program - Princess Anne District
Acquisition of Right-of- Way
Southeastern Parkway and Greenbelt (2 parcels)
LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of legal
advice by counsel pursuant to Section 2.1-344(A)(7).
To-Wit:
Quagliato v City of Virginia Beach
Carmichael Development Company, Inc. v. City of Virginia Beach
FLSA Cases - Bailey, Acosta et al v. City of Virginia Beach
City of Virginia Beach v. Shelburne Woods
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council voted to proceed into
EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf
Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don"
Weeks
Council Members Voting Nay:
None
Council Members Absent:
William W. Harrison, Jr.
September 8, 1998
-15-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
September 8, 1998
2:25 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, August 11, 1998, at 2.'25 P.M.
Council Members Present:
Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara
M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and A. M. "Don" Weeks
Council Members Absent:
Vice Mayor William D. Sessoms, Jr
William W. Harrison, Jr.
[REPRESENTING CITY COUNCIL A T THE
GRAVESIDE SERVICE OF JAMES PIERCE
SADLER, PROMINENT CITIZEN AND FIRST
KING NEPTUNE]
[TAKING SON, WRIGHT, TO THE HOTCHKISS
SCHOOL IN LAKEVIEW, CONNECTICUT]
INVOCATION:
Michelle Bailey
Soloist
First Church of the Nazarene
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessoms, being a Corporate Officer of Wachovia Bank, disclosed there were no matters on the
agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as
an officer of Wachovia Bank. The Vice Mayor regularly makes this Disclosure as he may not know of the
Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of January
1, 1998, is hereby made a part of the record.
September 8, 1998
-16-
Item V-E.
CERTIFICATION OF
EXECUTIVE SESSION
ITEM# 44047
Upon motion by Councilman Jones, seconded by Council Lady Parker, City Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to which
this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Executive Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 9-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara
M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyers E.
Oberndorf, Nancy K. Parker and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr. and William VZ. Harrison, Jr.
September 8, 1998
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 44046, Page 14, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Executive Session
to which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Executive Session were heard, discussed or considered by
Virginia Beach City Council.
~mith, CMC/AAE
City Clerk
September 8, 1998
-17-
Item IV-F. 1.
MINUTES ITEM # 44048
Upon motion by Council Lady Parker, seconded by Councilman Branch, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of September I, 1998.
Voting: 9-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara
M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf Nancy K. Parker and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr. and William IV. Harrison, Jr.
September 8, 1998
- 18-
Item V-G. 1.
ADOPT A GENDA
FOR FORMAL SESSION
ITEM # 44049
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
September 8, 1998
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Item V-H.
ORDINANCES
ITEM # 44050
Upon motion by Councilman Jones, seconded by Councilman Heischober, City Council APPROVED IN
ONE MOTION, Ordinances 1,2 a/b/c, 3, and 4.
Voting: 9-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara
M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf Nancy K. Parker and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr. and William W. Harrison, Jr.
September 8, 1998
- 20-
Item V-H. 1.
ORDINANCES
ITEM # 44051
Upon motion by Councilman Jones, seconded by Councilman Heischober, City Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 21-459 of the City Code
re pedestrian control signals.
Voting: 9-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara
M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf Nancy K. Parker and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr. and William W. Harrison, Jr.
September 8, 1998
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AN ORDINANCE TO AMEND THE CITY CODE PERTAINING
TO PEDESTRIAN CONTROL SIGNALS
SECTION AMENDED: § 21-459
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 21-459 of the City Code is hereby amended and
reordained to read as follows:
Sec. 21-459. Pedestrian control signals.
ig ~'~~-- ~
Whenever special pedestrian control s nals ........... ~ ....
words ' ..... ~,_,, A_ "~-'t '~'~-" are in place, pedestrians shall comDly
~.~d~t~ as
with such signals shall ~- ~-~ ~ follows:
(1) Walk: Pedestrians facing e~4%a "walk" signal may proceed
across the highway in the direction of the signal and shall be
given the right-of-way by the drivers of all vehicles.
(2) Don't Walk: No pedestrians shall start to cross the
highway in the direction of e%~49 a "don't walk" signal, but any
pedestrian who has partially completed his crossing on thc ~
,,W~alk" signal shall proceed to a sidewalk or safety island while
the ,,~on't W~alk" signal is showing.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on this 8th day of September, 1998.
CA-7123
DATA/ORDIN/PROPOSED/21-459.0RD
R3
PREPARED: August 27, 1998
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
Law Department Law Department
- 21 -
Item V-H. 2a/b/c.
ORDINANCES
ITEM ii 44052
Upon motion by Councilman Jones, seconded by Councilman Heischober, City Council ADOPTED:
Ordinances re FY 1997-1998 School Operating Fund:
AMEND Ordinance ii98-2489H; and, APPROPRIATE
$I, 706,697 in FY 1997-1998 School Operating Fund Reversion
to Project iil-209 buses and vehicles backlog
AMEND Ordinance #98-2489Q; AMEND Capital Project iii-212
Elementary School Modernization Program; REDUCING
APPROPRIATIONS to a total of $72,114,324 in FY1998-1999;
and, changing funding sources in accordance with the proposed
November 3, 1998, School Bond Referendum.
Ordinance to APPROPRIATE $750, O00 from EXCESS FY 1997-
1998 revenues in the Fund Balance to the FY 1998-1999 School
Operating Fund Instructional Category re costs associated with
the Early Retirement Incentive Program (ERIP)..
Voting: 9-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara
M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr. and William IV. Harrison, Jr.
September 8, 1998
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO:
FROM:
ITEM:
The Honorable Mayor and Members of Council
James K. Spore, City Manager
Ordinance to Appropriate $750,000 from Excess Revenues in the General Fund Balance
to the FY 1998-99 School Operating Budget Instructional Category for the Early
Retirement Incentive Program
MEETING DATE: September 8, 1998
Background: The Virginia Beach Public Schools has in place an Early Retirement incentive Program (ERIP)
which was initially to be funded through savings generated from retirements. In May 1998, School staff analysis
showed that the program costs were not covered by such savings and that funds in the FY 1998-99 School
Operating Fund were not adequate for payments required to be made to retirees under this program. The
School Board took action to suspend ERIP for those not already in the program. The FY 1998-99 liability for
the program was estimated not to exceed $1.3 million. By resolution of August 12, 1998, the Board requested
the City Council to appropriate $1.0 million of the FY 1997-98 School Operating Fund ending balance for ERIP
funding. The Council demurred at this proposal in light of the Council's resolution of May 12, 1998 to direct all
ending balances towards the Elementary School Modernization Program so that the proposed tax rate increase
associated with that program might be lowered.
Allocations to the School Operating Fund are based on a revenue sharing policy which provide 53.17% of six
key General Fund revenues to the Schools. Under the policy, if the actual policy revenues exceed budget
estimates at year end, then 53.17% of the excess is to be returned to the School Division.
Considerations:
The School Board has been advised by legal counsel that payments to retirees currently in the ERIP program
cannot be suspended.
The School Board explored numerous funding options and, pending Council action, froze FY 1998-99
instructional category capital accounts to ensure funds would be available for ERIP. This has caused an
outpouring of concern relative to the impact this has on operations at individual school sites.
The City Council, by action of August 18, 1998, directed $9.7 million in ending balances from the FY 1997-98
School Operating Fund towards the Elementary School Modernization Program so that the needed referendum
bonds and associated real estate tax rate increase could be minimized.
FY 1997-98 collections of those revenues included in the City / School Revenue Sharing Policy have exceeded
projections. The school share of the excess is $1,004,423. It is proposed to allocate $750,000 to the Early
Retirement Incentive Program (twice the amount budgeted for this program in FY 1997-98) with the balance of
the excess directed toward acquisition of additional buses through capital project #1-209 Buses and Vehicles
Backlog.
Public Information: The School Board has received public input on the alternative proposals for funding of
ERIP during its regularly scheduled Hearing of Citizens.
Alternatives: The action to freeze capital accounts could remain in place, leaving some schools without all
needed equipment for the FY 1998-99 School Year.
Appropriate the available $750,000 in Fu nd Balance attributable to the School's portion of additional FY 1997-98
revenues under the Revenue Sharing Policy.
Recommendations: It is recommended that the City Council appropriate $750,000 in Fund Balance from the
FY 1997-98 Revenue Sharing Policy and additional School reversions for ERIP needs.
Attachments: School Board Resolution of August 12, 1998.
Ordinance to Appropriate $750,000 for the School's Early Retirement Incentive Program
Recommended
Action: Approval of attached ordinance
Submitting Department/AgencY:
City Manager:
AN ORDINANCE TO REPEAL ORDINANCE #98-2489H AND
APPROPRIATE $1,706,697 FROM THE VIRGINIA BEACH
FY 1997- 98 SCHOOL OPERATING FUND REVERSION TO
PROJECT #'1-209, BUSES AND VEHICLES BACKLOG
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WHEREAS, as part of the of the FY 1998-99 Capital Improvement Plan, on May 1 2,
1998 City Council adopted Ordinance #98-2489H, entitled "An Ordinance Establishing One New
School Capital Project and Appropriating $5,000,000 to fund the New Project as well as an Existing
School Project," with an effective date of September 18, 1998;
WHEREAS, on August 18, 1998 Council approved an ordinance authorizing the issuance
of general obligation bonds in the maximum amount of $57,500,000 for modernization and reconstruction
of public school buildings, subject to the approval of the qualified voters;
WHEREAS, year-end surpluses in the FY 1997-98 Virginia Beach School Operating Fund
Budget are adequate to provide for resources to support the modernization and reconstruction program
while still allowing some resources for purchase of replacement school buses; and
WHEREAS, as a result of the August 18,1998 Council action, it is necessary to repeal
ordinance #98-2489H so that funding for the modernization and reconstruction of public school buildings
can be provided.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. That Ordinance #98-2489H, entitled "An Ordinance Establishing One New School
Capital Project and Appropriating $5,000,000 to fund the New Project as well as an Existing School
Project," previously approved by Council on May 12, 1998 is hereby repealed;
2. That funds in the aggregate amount of $1,706,697 from the FY 1997-98 School
Operating Fund Reversion are hereby appropriated to project # 1-209, Buses and Vehicles Backlog,
subject to the applicable conditions of the Ordinance to Adopt the FY 1998-99 Capital Improvement
Program as adopted by City Council on May 12, 1998.
This ordinance shall be effective on September 18, 1998.
Requires an affirmative vote by a majority of the members of City Council.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 8 day of
September ,1998.
APPROVED AS TO CONTENT:
Management Serv~
APPROVED AS TO LEGAL
SUFFICIENCY:
Department
AN ORDINANCE TO AMEND ORDINANCE #98-2489Q BY
REVISING CAPITAL PROJECT #1-212, ELEMENTARY
SCHOOL MODERNIZATION PROGRAM, REDUCING
APPROPRIATIONS TO A TOTAL OF $72,114,324 FOR FY
1998-99, AND CHANGING FUNDING SOURCES FOR THE
PROJECT IN ACCORDANCE WITH THE PROPOSED
NOVEMBER 3, 1998 SCHOOL BOND REFERENDUM
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WHEREAS, as part of the FY 1998-99 Capital Improvement Program, on May 12, 1998
City Council adopted Ordinance #98-2489Q entitled "An Ordinance Establishing A New School Capital
Project and Appropriating $86,714,324 to Fund the New Project Subject to Passage of a Proposed
November 1998 Bond Referendum and the Availability of Year-End Fund Balance" with an effective date
of November 12, 1998;
WHEREAS, a comprehensive planning effort resulted in a July 7, 1998 School Board
resolution requesting that City Council initiate a voter referendum for the modernization of 17 elementary
schools at an estimated cost of $132.8 Million, including $76.7 Million of referendum bond financing and a
proposed real estate tax increase not to exceed 3.6 cents;
WHEREAS, after working with the staff in developing various funding alternatives for the
Elementary School Modernization Program, on August 18, 1998, Council adopted an ordinance to place a
referendum before the voters on November 3, 1998 on the question of issuing general obligation bonds in
the maximum amount of $57,500,000 to finance the renovation of 17 elementary schools; and
WHEREAS, as a result of the August 18,1998 Council action, it is necessary to repeal
Ordinance #98-2489Q, by revising project #1-212, Elementary School Modernization Program, reducing
appropriations in FY 1998-99, and revising its funding, with the net effect of reducing the referendum bond
financing from $76.7 Million to $57.5 Million and reducing the proposed real estate tax increase from 3.6
cents to 2.8 cents.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. That Ordinance #98-2489Q entitled "An Ordinance Establishing A New School Capital
Project and Appropriating $86,714,324 to Fund the New Project Subject to Passage of a Proposed
November 1998 Bond Referendum and the Availability of Year-End Fund Balance" previously adopted by
Council on May 12, 1998 is hereby amended and re-ordained as follows:
a. City Council hereby amends project #1-212, Elementary School Modernization
Program, by deleting Old Donation Center from the project, as requested by the School Board. The
amended project will provide for the renovation and modernization of seventeen elementary schools, with
construction on the project to begin in the years set forth below:
FY 1999- Bayside, Creeds, Shelton Park, Thalia;
FY 2000 - Kempsville Meadows, Louise Luxford, Woodstock;
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FY 2001 - Kempsville, Malibu, Pembroke, Trantwood;
FY 2002 - Arrowhead, Hermitage, Lynnhaven; and
FY 2003 - Brookwood, Pembroke Meadows, Windsor Woods.
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b. Funds in the aggregate amount of $72,114,324, as opposed to the $86,714,324, as
opposed to the $86,714,324 appropriated on May 12, 1998, are hereby appropriated for project #1-212 to
fund the renovation and modernization of seventeen schools subject to the applicable conditions of the
Ordinance to Adopt the FY 1998-99 Capital Improvements Program, as adopted on May 12, 1998;
c. In accordance with Section 2-196 of the City Code, financing sources in support of
project #1-212, Elementary School Modernization Program are revised to read as follows, in accordance
with the bond authorization ordinance adopted by Council on August 18, 1998.
1988 School Referendum Bonds
Charter Bonds
FY 1997-98 School Reversion
FY 1998-99 School Pay-as-You-Go Capital Funding
Future Years School Pay-as-You-Go Capital Funding
State Contribution
TOTAL
57,500,000
43,700,000
9,747,088
2,424,339
5,000,000
14,475,661
$ 132,847,088
2. That the appropriations made by this ordinance shall only become effective if the
above referenced elementary school referendum is placed on the ballot November 3, 1998 and approved
by the voters.
3. That City Council hereby expressly reserves the right to modify or reduce these
appropriations prior to their effective date.
This ordinance and its provisions, which amend and supersedes Ordinance #98-
2489Q, shall not take effect until November 12, 1998.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of
September, 1998.
Requires an affirmative vote by a majority of City Council Members.
APPROVED AS TO CONTENT:
Management Servic, e~
APPROVED AS TO LEGAL
SUFFICIENCY:
Department of La~'-~' ~'"/
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5
6
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AN ORDINANCE TO AMEND ORDINANCE #98-2489Q BY
REVISING CAPITAL PROJECT #1-212, ELEMENTARY
SCHOOL MODERNIZATION PROGRAM, REDUCING
APPROPRIATIONS TO A TOTAL OF $72,114,324 FOR FY
1998-99, AND CHANGING FUNDING SOURCES FOR THE
PROJECT IN ACCORDANCE WITH THE PROPOSED
NOVEMBER 3, 1998 SCHOOL BOND REFERENDUM
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WHEREAS, as part of the FY 1998-99 Capital Improvement Program, on May 12, 1998
City Council adopted Ordinance #98-2489Q entitled "An Ordinance Establishing A New School Capital
Project and Appropriating $86,714,324 to Fund the New Project Subject to Passage of a Proposed
November 1998 Bond Referendum and the Availability of Year-End Fund Balance" with an effective date
of November 12, 1998;
WHEREAS, a comprehensive planning effort resulted in a July 7, 1998 School Board
resolution requesting that City Council initiate a voter referendum for the modernization of 17 elementary
schools at an estimated cost of $132.8 Million, including $76.7 Million of referendum bond financing and a
proposed real estate tax increase not to exceed 3.6 cents;
WHEREAS, after working with the staff in developing various funding alternatives for the
Elementary School Modernization Program, on August 18, 1998, Council adopted an ordinance to place a
referendum before the voters on November 3, 1998 on the question of issuing general obligation bonds in
the maximum amount of $57,500,000 to finance the renovation of 17 elementary schools; and
WHEREAS, as a result of the August 18,1998 Council action, it is necessary to repeal
Ordinance #98-2489Q, by revising project #1-212, Elementary School Modernization Program, reducing
appropriations in FY 1998-99, and revising its funding, with the net effect of reducing the referendum bond
financing from $76.7 Million to $57.5 Million and reducing the proposed real estate tax increase from 3.6
cents to 2.8 cents.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. That Ordinance #98-2489Q entitled "An Ordinance Establishing A New School Capital
Project and Appropriating $86,714,324 to Fund the New Project Subject to Passage of a Proposed
November 1998 Bond Referendum and the Availability of Year-End Fund Balance" previously adopted by
Council on May 12, 1998 is hereby amended and re-ordained as follows:
a. City Council hereby amends project #1-212, Elementary School Modernization
Program, by deleting Old Donation Center from the project, as requested by the School Board. The
amended project will provide for the renovation and modernization of seventeen elementary schools, with
construction on the project to begin in the years set forth below:
FY 1999 - Bayside, Creeds, Shelton Park, Thalia;
FY 2000 - Kempsville Meadows, Louise Luxford, Woodstock;
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FY 2001 - Kempsville, Malibu, Pembroke, Trantwood;
FY 2002 - Arrowhead, Hermitage, Lynnhaven; and
FY 2003 - Brookwood, Pembroke Meadows, Windsor Woods.
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b. Funds in the aggregate amount of $72,114,324, as opposed to the $86,714,324, as
opposed to the $86,714,324 appropriated on May 12, 1998, are hereby appropriated for project #1-212 to
fund the renovation and modernization of seventeen schools subject to the applicable conditions of the
Ordinance to Adopt the FY 1998-99 Capital Improvements Program, as adopted on May 12, 1998;
c. In accordance with Section 2-196 of the City Code, financing sources in support of
project #1-212, Elementary School Modernization Program are revised to read as follows, in accordance
with the bond authorization ordinance adopted by Council on August 18, 1998.
1988 School Referendum Bonds
Charter Bonds
FY 1997-98 School Reversion
FY 1998-99 School Pay-as-You-Go Capital Funding
Future Years School Pay-as-You-Go Capital Funding
State Contribution
TOTAL
$ 57,500,000
43,700,000
9,747,088
2,424,339
5,000,000
14,475,661
$ 132,847,088
2. That the appropriations made by this ordinance shall only become effective if the
above referenced elementary school referendum is placed on the ballot November 3, 1998 and approved
by the voters.
3. That City Council hereby expressly reserves the right to modify or reduce these
appropriations prior to their effective date.
This ordinance and its provisions, which amend and supersedes Ordinance #98-
2489Q, shall not take effect until November 12, 1998.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of
September 1998.
Requires an affirmative vote by a majority of City Council Members.
APPROVED AS TO CONTENT:
Managemen~
APPROVED AS TO LEGAL
SUFFICIENCY:
Department of La~-'" /Y
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3
4
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AN ORDINANCE TO APPROPRIATE
$750,000 FROM EXCESS 1997-98
REVENUES IN THE FUND BALANCE
TO THE FY 1998-99 SCHOOL
OPERATING FUND INSTRUCTIONAL
CATEGORY FOR COSTS
ASSOCIATED WITH THE EARLY
RETIREMENT INCENTIVE PROGRAM
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requesting the
balances to
participants;
WHEREAS, the School Board of Virginia Beach has acted to
address the accelerating costs of the Early Retirement Incentive
Program (~ERIP")by closing the program to future participants and
City Council to appropriate FY 1997-98 ending
address the unfunded liability for current
WHEREAS, such appropriation of ending balances would be
inconsistent with the City Council Resolution of May 12, 1998,
directing all ending balances towards the Elementary School
Modernization Program referendum;
WHEREAS, the City Council understands the School Board's
legal obligation to make ERIP payments and appreciates the Board's
desire to identify a source of funds that will not affect classroom
instruction;
WHEREAS, after reviewing FY 1997-98 ending balances,
revenue collections for those revenues included in the City/School
Revenue-Sharing Policy have exceeded projections, and the Policy
provides that 53.13% of such extra revenues be directed to School
needs; and
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WHEREAS, $750,000 of these extra revenues are available
to be appropriated to the FY 98-99 School Operating Instructional
Category to be used to offset costs associated with ERIP.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That $750,000 in the General Fund Balance, which is
attributable to the School share of FY 1997-98 excess revenues
within the City/School Revenue-Sharing Formula, is hereby
appropriated to the Instructional Category of the FY 1998-99 School
Operating Fund to fund the Early Retirement Incentive Program.
38 Requires an affirmative vote by a majority of City Council members.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eighth day of September , 1998.
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CA-7129
ORDIN\NONCODE \ ERI P. ORD
R-3
PREPARED: September 1, 1998
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney
iRGINIA BEACH CITY PUBLIC SCHOOLS
AHEAD OF THE CURVE
RESOLUTION
for
BUYING DOhXFN TItE REFERENDUM
and
FUNDING TItE EARLY RETIRE/V[ENT ENFCENTI%rE PROGR.a2d
V(F[ERE.&S, ~ School Board de.s/res to fund thc projected cost of the liability for the Earl)' Retiremem
Lace~v¢ Program (ER]2?) for fiscal )'ear 1998.99 in r.~ amount of$14~ mLllion, and
~'HER.EAS, tl~ School Boa.rd I998-99 Operating Budget does not contain funding for the Earl.','
Redrcmcm Incentive Program, and
WHEREAS, thc School Board does not desire to Lmtmct negatively the neods of schools by usLrtg school
equipment allocation monies for funding the ERIP program, and_
VVHEREAS, one crf the School Board's mp prior/t/es is a~nrion to our aging L,-ffra..q~cture th. mu~ the
mos'anon and moderrazat/on of 17 schools v, ith the passage of the November 1998 Referendum w~th
minimal a tax increase as possible m the public, and
WIRrEREAS, the projected year. end fun~ to the City are now ~ntic/pated to be approxima__tely $15.1
WlX[ER.EAS, the School Board hnq previously identified $5.1 milhon from fisca.1 year 1997-98 year-cad
funds for buying down the referendum, and
~,'}'IEREAS, the School Board ~ to use $1 million fi'om riscal )'ear 1997-98 yea.fend funds to fund
the Early Rtximment Incentive Program (ER/P), therefore
BE IT RESOLd, rED: that the School Board requ~s CiD' Coun~l to re-approFrr'mte 51.8 milhon fi'am
the 52.8 million CW Tecknology rm'ersion mome~ to buy do~n fu~er the November referendum, and bc
RESOLVED: tkat the School Baard requests CiD' Council to re-appropriate $20~9,c200 from the $22
m~lhon C~ Buses and Vehicles Backlog to b~' down furlke4' Liae November referendm-a, and bc
RESOL¥~ED: that the School Bao4'd requests CiD, Cotmc/J to appropriate the ant/cipared additional Sl
.mill;on Ua sea.r-end funds to uhe School Boaxd 1998-99 operanng Budget for the purpose of.%m0.~g
Earl)' R~tircment I. ncenuve Program obhgauon for 1998-99, and be it further
R_ESOLVED: ~ the adm/.n/~rion is to freeze, as of August 4, 1998. c:apiml out.~ys budgeted.Ua_the
:v_--z,~ az'~sonal ~tegor}.' ar,& absent re-appropr/auon by August 25. 1998. by Cir)' C.2un~.k
ou,3a?s budgeted m r_he m..q:rucmonai ca~go0 line items be redu~--~d b> $1 mdlior: ~xis.ccu~zaon-'~,.- 4 - ; , 4,~ bc
restored Lf and when funds are idenlJ, fied m the budget. <-.. , .:. ._?
3:r:~ :.~:v.,;,~.~:~o.- 3~,Cmg · 2.512 Gecrge M,~on Dr,ye , P O ~3cx 6C38 ' XArginia Beach. VA 23456-003~3
RESOLVED: that the admirfislrahon is to rcleasc thc freeze impo~cl ~s of Auguxt 4, 199g, on cqu/pmc~nt
allocanon~ to thc ~chools up<m the a2x~'e re-&ppropvia~on by City, Council.
RESOLVED: th~ a copy of tkis resolution be spread acro~ thc minute~ ofttds mecring and a copy
provided to City council.
Approved by the School Board of the City of Vixginia Beach August 12, 1998.
SEAL
Robert C. Spadacc~, Sr., Chairman
Dia-ne tV[ Page, Clerk of the Board
- 22 -
Item V-H. 3.
ORDINANCES
ITEM # 44053
Upon motion by Councilman Jones, seconded by Councilman Heischober, City Council ADOPTED:
Ordinance to establish Capital Project #7-015, Lynnhaven Drive
Drainage Outfall; and, APPROPRIATE $180, O00 from the Storm Water
Enterprise Fund's retained earnings to the Project in the FY 1998-1999
Capital Budget for design and construction costs.
Voting: 9-0 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara
3/1. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf Nancy K. Parker and A. 3/1. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr. and William W. Harrison, Jr.
September 8, 1998
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AN ORDINANCE TO ESTABLISH CAPITAL
PROJECT #7-015, LYNNHAVEN DRIVE
DRAINAGE OUTFALL, AND TO APPROPRIATE
$180,000 FROM THE STORM WATER
ENTERPRISE FUND'S RETAINED EARNINGS TO
THE PROJECT IN THE FY 1998-99 CAPITAL
BUDGET FOR DESIGN AND CONSTRUCTION
COSTS
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WHEREAS, Capital Project #7-015, Lynnhaven Drive Drainage
Outfall, is being established to provide for the design and
construction of a closed drainage system from Lynnhaven Drive to
the Cape Henry Drive right-of-way to replace an existing open
channel system;
WHEREAS, this project was the subject of litigation, in
which the City of Virginia Beach has exhausted its appeals and must
now construct the project in compliance with a court order;
WHEREAS, project costs are estimated at $1,694,000, with
$180,000 needed in FY 1998-99 to begin the design process and
proceed with site acquisition;
WHEREAS, $180,000 for this project is available in the
Storm Water Enterprise Fund's Retained Earnings; and
WHEREAS, current plans call for the project to be funded
in the future by means of revenue bonds, with the impact on other
project funding and schedules to be analyzed during the FY 99-00
Budget process.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
27 OF VIRGINIA BEACH:
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establishing
Outfall;
2.
That the Capital Improvement Program be amended by
Capital Project #7-015, Lynnhaven Drive Drainage
That the FY 1998-99 Capital Budget is hereby amended
by appropriating $180,000 from the Storm Water Enterprise Fund's
Retained Earnings to Capital Project #7-015 Lynnhaven Drive
Drainage Outfall.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 8 day of September 1998
Requires an affirmative vote by a majority of City Council members.
CA-7136
ORD IN\NONCODE \ LYNNDRAIN. ORD
R-2
9/1/98
APPROVED AS TO CONTENT:
Management Seres
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney
2
City of Virginia Beach Virginia
FY 1998-99 thru FY 2003-04 Capital Improvement Program
Project # and Title: 7-015 Lynnhaven Drive Drainage Outfall
CIP Section: Storm Water Business Area: Quality Physical Environment Priority:
Total Total Budget __ Unappropriated Subsequent Years Future
Programmed Appropriations Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Funding
Funds To Date FY 1998-99 FY 1999-00 FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 Requirement
1,694,000 0 180,000 955,000 559,000 ~ 0 0 1,694,000
This project is for the design and construction of a closed drainage system to replace the existing open channel system from
Lynnhaven Drive to the Cape Henry Drive right of way. This project is subject to jurisdictional wetland regulations.
Enc os.'ng the channel wdl' m~bgate' ' concern", over eros'on and bank stabd~zabon" ' .
Th~s project ~s a new project for FY 98/99 03/04 CIP
FY 2003 04
o o o o o o
t~- ! ~1 c~O~O~~ ~~ ...~ ._< ~ Activity From-To Amount
Inspections and Support 10/98-10/02 65,000
Design 10/98-10/99 130,000
Site Acquisition 08/99-08/00 15,000
-'~ ~ "~ t"(~ ~.~.~_ ..~~ Private Utility Adjustments 08/00-01/00 30,000
~ t ~~~ Construction 10/01-10/02 1,300,000
Contingencies 10/98-10/02 154,000
Total Budgetary Cost Estimate 1,694,000
~[~_..~~i~~~~ / t~. i ~ ~k,~ Total Non-Programmed Costs 0
· ~f_ ~_~ ~ C3 Total Programmed Costs 1,694,000
--1 ~~-' ~~~~~ Funding Source Amount
_ __ ~ , ~o Total Programmed Financing 0
----- (~ Future Funding Requirements 1,694,000
Cear1998-1999
Storm Water
- 23 -
Item V-H. 4.
ORDINANCES
ITEM # 44054
Upon motion by Councilman Jones, seconded by Councilman Heischober, City Council APPROVED:
License Refunds:
$143,539.95
Voting: 9-0 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara
3/1. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and,4. 3/1. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr. and William W. Harrison, Jr.
September 8, 1998
FORM NO. C.A ~ REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
AUTOZONE STORES INC 1997-1998 AUDIT 3,808.19 0.00 3,808.19
BEACH GALLERY INC 1996-1998 AUDIT 11.67 2.62 14.29
BUILDERS SQUARE INC 1997-1998 AUDIT 35,121.07 1,650.93 38,772.00
D & J COURIER INC 1996-1998 AUDIT 16.73 2.09 18.82
HANLON, LYNNE P 1996-1998 AUDIT 0.48 0.11 0.59
HANNER, WILLIAM C 1995-1998 AUDIT 30.00 0.00 30.00
HQ HOME QUARTERS WAREHOUSE 1996-1998 AUDIT 99,035.21 2,552.59 101,587.80
JACKSON, BOBBY L 1996-1998 AUDIT 41.73 9.39 51.12
JOHNSON, THOMAS C 1996-1998 AUDIT 0.18 0.04 0.22
L B JACK INC 1995-1997 AUDIT 1,049.50 206.58 1,256.08
PRYOR, JOYCE A 1996-1998 AUDIT 0.00 0.84 0.84
This ordinance shall be effective from date of
adoption.
The above abatement(s) to $143,539.95
City of Virginia Beach on the ~.fLghtl~
Certified as to/~ayme~.' ~.//~
'iipJ. Kell~m ~ '
Commissioner of the Revenue
Approved as to form:
L~<~12.-Lilley-
City Attorney
were approved by the Council of the
day of September ,19 98
Ruth Hodges Smith
City Clerk
- 24 -
Item V-I. 1.
PUBLIC HEARING
ITEM # 44055
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
1. SPRINT PCS AND C.E. FOREHAND III
CONDITIONAL USE PERMIT
2. WILMIK, INC.
CONDITIONAL USE PERMIT
3. THALIA UNITED METHODIST CHURCH
CONDITIONAL USE PERMIT
4. TRACY B. CURRY
CONDITIONAL USE PERMIT
SAINT MATTHEW'S CATHOLIC CHURCH
CONDITIONAL USE PERMIT
6. THE CHRISTIAN BROADCASTING NETWORK
(FO UNDERS VILLA GE, INC.)
RECONSIDERATION TO
ALLOW MODIFICATION OF
CONDITIONS (1/13/98 COZ)
7. McGINNIS REAL TY AND DEVELOPMENT COMPANY
CONDITIONAL CHANGE OF
ZONING
8. COWAN CONSTRUCTION AND DESIGN, INC.
CHANGE OF ZONING
9. CITY ZONING ORDINANCE
AMEND Sections llL 401, 801
901 and 1001 and to ADD new
Section 233.15 re fibre optics
transmission facilities.
September 8, 1998
- 25 -
Item V-L
PUBLIC HEARING
ITEM # 44056
PLANNING
Upon motion by Councilman Jones, seconded by Councilman Branch, City Council APPROVED in one
motion Items 1, 2, 3, 4, 6, 8 and 9 of the PLANNING BY CONSENT.
Item L2. was APPROVED BY CONSENT with an additional condition (There will be an Administrative
Review of the project at the end of fifieen (15) years.)
Voting: 9-0 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf
Nancy K. Parker and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr. and William W. Harrison, Jr.
Council Lady Parker voted a VERBAL NAY on Item L 4.
Council Lady McClanan voted a VERBAL NAY on Item I. 6.
September 8, 1998
- 26-
Item VJ. 1.
PUBLIC HEARING
ITEM II 44057
PLANNING
Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED the Ordinance
upon Application of SPRINT PCS and C.E. FOREHAND III for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF SPRINT PCS, C.E. FOREHAND
IIL FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATION
ANTENNA R09982218
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Sprint PCS, C. E. Forehand, III, for a
Conditional Use Permit for a communication antenna on the east side of
Baker Road, north of Thurston Avenue. Said parcel is located at 1424 Baker
Road and contains 4.364 acres. DISTRICT 4 - BAYSIDE
The following conditions shah be required:
The project will be developed substantially in keeping with the site
plan entitled "Sprint PCS NOO3X521C Lake Wright," dated 15
June 1998. A waiver to the landscaping requirement outlined in
Section 232 of the City Zoning Ordinance (CZO) must be
approved by the Board of Zoning Appeals.
Prior to final site plan approval, the applicant must file a "Notice
of Proposed Construction" with the Federal Aviation
Administration to ensure that the proposed increase in height of
the existing tower will not constitute an obstruction to air
navigation or have any detrimental impact on the operation of
Norfolk International Airport.
This Ordinance shah be effective in accordance with Section 107 0~) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of September, Nineteen
Hundred and Ninetv-Eight.
Voting: 9-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf
Nancy K. Parker and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr. and William W. Harrison, Jr.
September 8, 1998
-27-
Item V-L2.
PUBLIC HEARING
ITEM # 44O57
PLANNING
Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED an Ordinance
upon application of WILMIK, INC. for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF WILMIK, INC. FOR A
CONDITIONAL USE PERMIT R09982219
BE IT HE~BY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Wilmik, Inc. for a Conditional Use Permit
for a contractors bulk storage yard on certain property located on the north
side of Virginia Beach Boulevard beginning at a point 660feet west of First
Colonial Road. Said parcel contains 27,500 square feet. DISTRICT 5 -
L YNNHA VEN.
The following conditions shall be required:
The site will be developed consistent with the site plan
entitled "Wilmik Inc." and the landscape plan dated 18July
1998.
2. All equipment, raw materials and finished goods will be stored in
designated storage areas or inside the building.
3. No outside storage of unrelated materials, inoperative vehicles or
equipment shall be permitted.
The building must be constructed according to the rendering and
letter from Governmental Permitting Consultant dated 27 July
1998, submitted to the Planning Department. However, the roof
will be bronze or similar in color and the front portion of the
building will be brick veneer and stucco. The remaining portion
of the building will be constructed using solid block painted with
neutral earth-tone colors.
The storage yard shall be enclosed, except for necessary openings
for ingress and egress by a solid wall or fence a minimum six feet
(6') in height.
6. All street frontage, foundation and parking lot landscaping shall
comply with the requirements of the Site Plan Ordinance.
7. Only one entrance will be permitted from Virginia Beach
Boulevard for this site.
8. There will be an Administrative Review of the project at the end
of fifteen (15) years.
This Ordinance shall be effective in accordance with Section 107 O~ of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of September, Nineteen
Hundred and Ninety-Eight.
September 8, 1998
Item V=I.2.
PUBLIC HEARING
PLANNING
- 28 -
ITEM # 44057 (Continued)
Voting: 9-0 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, III,, Margaret L. Eure, Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,
Nancy K. Parker and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr. and William W. Harrison, Jr.
September 8, 1998
- 29 -
Item V-I.$.
PUBLIC HEARING
PLANNING
ITEM ii 44058
Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED an Ordinance
upon application of THALIA UNITED METHODIST CHURCH for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF THALIA UNITED METHODIST
CHURCH FOR A CONDITIONAL USE PERMIT FOR A PARKING LOT
R09982220
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Thalia United Methodist Church for a
Conditional Use Permit for a parking lot on certain property located at the
southwest intersection of Virginia Beach Boulevard and N. Fir Avenue. Said
property is located at 211 N. Fir Avenue and contains 39,900 square feet.
DISTRICT 3 - ROSE HALL.
The following conditions shall be required:
Development of the site shall substantially adhere to the site plan
entitled, "CBPA Development Plan of Overflow Parking Lot for
Thalia United Methodist Church," dated 15 June 1998, and
prepared by Kellam-Gerwitz Engineering, Inc.
A six-foot (69fence with Category IVlandscaping shall be located
along the Southern property border the entire length of the
parking lot.
3. The applicant shall adhere to conditions placed on this project by
the Chesapeake Bay Preservation Area Board on 27July 1998.
All parking lot lighting should be directed toward the interior of
the site and shall be designed so as to shield the adjacent
properties from light and glare.
This Ordinance shall be effective in accordance with Section 107 (sO of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of September, Nineteen
Hundred and Ninety-Eight.
Voting: 9-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,
Nancy K. Parker and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr. and William V~. Harrison, Jr.
September 8, 1998
- 30-
Item V-I.4.
PUBLIC HEARING
PLANNING
ITEM # 44059
Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED an Ordinance
upon application of TRACY B. CURRY for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF TRACY B. CURRY FOR A
CONDITIONAL USE PERMIT FOR MINI-WAREHOUSES R09982221
BE IT HEREB Y ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEA CH, VIRGINIA
Ordinance upon application of Tracy B. Curry for a Conditional Use Permit
for mini-warehouses on Section 1, Part of Parcel A, Cherry Park. Said
parcel is located at 6632 Indian River Road and contains 2.41 acres.
DISTRICT 1 - CENTER VILLE
The following conditions shah be required:
In accordance with Section 237 of the City Zoning Ordinance
(CZO), all outdoor lights shah be shielded to direct light and
glare onto the mini-warehouse premises; said lighting and glare
shah be deflected, shaded and focused away from aH adjoining
property. Any outdoor lightingfixtures shall not be erected any
higher than fourteen feet (14').
The mini-warehouse facility shah be completely enclosed, except
for necessary openings for ingress and egress, by a fence or wall
not less than six feet (6') in height and Category VI landscaping.
3. The radius of the entrance off Indian River Road shah be twenty
to twenty-five feet (20'- 25').
4. Hours of operation shall be seven days a week, 9:00 AM until
9:00 PM.
The site shall be developed in accordance with the amended site
plan entitled, "Conditional Use Permit Preliminary Site Plan for
Mini-Warehouses, 6632 Indian River Road, "dated 1 June 1998,
and prepared by Hoggard/Eure Associates. The amended plan
depicts two (2) delivery van parking spaces at the entrance to the
site off lndian River Road.
6.
Buildings shah adhere to the colored rendering submitted to the
Planning Department on 29 July 1998. The buildings facing
Indian River Road and the Northern property line shah be gray
split face block on the lower portion of the buildings and white
vinyl on the upper portion. The roof, metal buildings and doors
shall be a neutral color.
7. The fence along Indian River Road shall be constructed of gray
split face block pillars and black wrought iron.
This Ordinance shah be effective in accordance with Section 107 (]) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of September, Nineteen
Hundred and NineS-Eight
September 8, 1998
Item V-I.d.
PUBLIC HEARING
PLANNING
- 31 -
ITEM # 44059 (Continued)
Voting: 8-1 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf
and A. M. "Don" Weeks
Council Members Voting Nay:
Nancy K. Parker*
Council Members Absent:
Vice Mayor William D. Sessoms, Jr. and William W. Harrison, Jr.
* Verbal Nay
September 8, 1998
- 32 -
Item V-L5.
PUBLIC HEARING
ITEM # 44060
PLANNING
The following registered in SUPPORT of the application:
Barbara W. White, 3316 Sandra Lane, Principal - St. Matthews, Phone: 420-2455
Attorney Troy A. Titus, 5221 Indian River Road, Phone: 467-0616, represented the applicant
Alien Monette, 1124 Chipping Court, Phone: 497-5202
The following registered in OPPOSITION:
Steven Harrill, 912 Trestman Avenue
Kenneth McDougle, 916 Testman Avenue
Jannette Edwards, 3324 Milissa Street, Phone: 420-5435, represented the Sherry Park Neighborhood
Carrie S. Shourds, 1028 Sherry Avenue, Phone: 420-1369, represented the Sherry Park Neighborhood
Mary M. Stern, 1001 Trestman Avenue, Phone: 424-4907, represented the Sherry Park Neighborhood
Raymond Shourds, 1028 Sherry Avenue, Phone: 420-1365
A MOTIONwas made by Council Lady Eure, seconded by Council Lady McClanan to DEFER an Ordinance
upon application of SAINT MATTHEW'S CATHOLIC CHURCH until the City Council of Session of
October 27, 1998, so the following can occur:
(1) Traffic analysis be conducted on operation of the school and
church.
The City evaluate the widening of Sandra Lane including the
installation of a sidewalk from the Church property to Indian
River Road.
(3) The City require the removal of two (2) trailers prior to the
occupancy of the pre-school building.
A schedule be submitted to remove the remaining trailers. The
additional buildings that has already occurred and will occur
would eliminate the trailers.
(5) A Master Site Plan be developed for the ultimate build-out of the
site.
(6) City staff to evaluate the traffic signage controls in the neighborhood
(7) Evaluate the stormwater conditions and develop recommended
actions as appropriate.
(8) Prohibit carnivals at the site.
(9) Evaluate the adequacy of the water supply and the hydrants in the
area for safety reasons.
As per Councilman Weeks' request, Council Lady Eure AMENDED the MOTION to add to Item (1):
Enrollment level of 600 shall be evaluated.
September 8, 1998
- 33 -
Item VJ. 5.
PUBLIC HEARING
ITEM # 44060 (Continued)
PLANNING
A SUBSTITUTEMOTION was made by Councilman Heischober, seconded by Councilman Jones to ADOPT
an Ordinance upon application of SAINT MATTHEW'S CATHOLIC CHURCH for a Conditional Use
Permit for a church addition (classroom) with changes to the conditions established by the Planning
Commission i. e:
Condition 3 amended to reflect a maximum capacity of 600 students.
ADD Condition 6 which will state there will be no carnivals.
ADD Condition 7 which will require an affidavit or certification annually
from the School to the Planning Department relative the number of students
in attendance, not to exceed 600.
Upon motion by Councilman Heischober, seconded by Councilman Jones, City Council voted to accept the
AMENDMENT to the SUBSTITUTE MOTION NOT to include Condition #6 to prohibit carnivals at the
site.
Voting: 9-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf
Nancy K. Parker and A. 34. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr. and William W. Harrison, Jr.
September 8, 1998
- 34-
Item V-L S.
PUBLIC HEARING
ITEM # 44060 (Continued)
PLANNING
Council Lady Eure wished the new traffic pattern be reviewed within 90 days. The City Attorney advised the
traffic and drainage analysis offsite can always be directed by the City Council to the City Manager and his
staff. Onsite issues wouM not have that prerogative. The City Manager advised if the school is willing to
maintain and pay the cost of having a Sheriff's Deputy direct the traffic at Sandra Lane, this would be the
preferred alternative. A traffic signal at that intersection wouM not be as satisfactory.
Upon motion by Councilman Heischober, seconded by Councilman Jones, the SUBSTITUTE MOTION was
AMENDED to add the word "certified" in Condition No. 5 prior to the words "crossing guard" and
ADDING the condition requiring interim removal of trailers beginning with two which contain three
classrooms of pre-school children.
Voting: 8-1
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara M.
Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker and
A. 34. "Don" Weeks
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Vice Mayor William D. Sessoms, Jr. and William W. Harrison, Jr.
September 8, 1998
- 35 -
Item V-L$.
PUBLIC HEARING
ITEM ii 44060 (Continued)
PLANNING
An AMENDED SUBSTITUTE MOTION was made by Councilman Heischober, seconded by Councilman
Jones, to ADOPT an Ordinance upon application of SAINT MATTHEW'S CATHOLIC CHURCH for a
Conditional Use Permit for a church addition (classroom) with Condition 3 amended to reflect a maximum
capacity of 600 students. The word "certified" in Condition No. 5 prior to the words "crossing guard". The
addition of Condition 6 will require an affidavit or certification annually from the School to the Planning
Department relative the number of students in attendance, not to exceed 600. Condition 7 shall be added to
reflect interim removal of trailers, beginning with two which contain three classrooms of pre-school children
Voting:
3-6 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
Linwood O. Branch, III, Harold Heischober and Louis R. Jones
Council Members Voting Nay:
Margaret L. Eure, Barbara M. Henley, Reba S. McClanan, Mayor Meyera
E. Oberndorf , Nancy K. Parker and A. M. "Don" Weeks
Council Members Absent:
Vice Mayor William D. Sessoms, Jr. and William W. Harrison, Jr.
September 8, 1998
- 36-
Item V-I.$.
PUBLIC HEARING
ITEM # 44060 (Continued)
PLANNING
BY CONSENSUS, City Council AMENDED the MAIN MOTION previously made by Council Lady Eure,
seconded by Council Lady McClanan to DEFER until the City Council Session of October 27, 1998, NOT
to include the nine previous stipulations.
Upon motion by Council Lady Eure, seconded by Council Lady McClanan, City Council DEFERRED until
the City Council Session of October 27, 1998, the Ordinance upon application of SAINT MATTHEWS
CA THOLIC CHURCH for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF SAINT MATTHEWS CATHOLIC
CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH
ADDITION (CLASSROOMS)
Ordinance upon appplication of Saint Matthews Catholic Church for a
Conditional Use Permit for a church addition (classrooms) on property
located l l 5 feet more or less north of the intersection of Sandra Lane and
Trestman Avenue. Said parcel is located at 3314 Sandra Lane and contains
13.013 acres. DISTRICT 1 - CENTERVILLE.
Voting: 8-1
Council Members Voting Aye:
Margaret L. Eure, Harold Heischober, Barbara M. Henley, Louis R. Jones,
Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and A.
M. "Don" Weeks
Council Members Voting Nay:
Linwood O. Branch, III
Council Members Absent:
Vice Mayor William D. Sessoms, Jr. and William VK. Harrison, Jr.
September 8, 1998
-37-
Item V-L 6.
PUBLIC HEARING
ITEM # 44061
PL4NNING
Upon motion by Councilman Jones, seconded by Councilman Branch, City Council MODIFIED
CONDITIONS #1 AND #2 in the 13 January 1998 approved application of THE FOUNDERS VILLAGE,
INC. for changes of zoning from B-1 Neighborhood Business District. I-1 Light Industrial District and R-5D
Residential Duplex District to 0-2 Office District and a Conditional Use Permit at the Northwest quadrant
of the intersection of Regent University Drive and Jake Sears Road, now applying as THE CHRISTIAN
BROADCASTING NETWORK (DISTRICT 1 - CENTER VILLE):
ORDINANCE UP ON APPLICA TION OF THE FO UNDERS VILLA GE, INC.
FOR CHANGES OF ZONING ON THE FOLLO WING PARCELS Z01981095
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of The Founders Village, Inc. For change of
zoning on the following parcels:
Parcel 1: From B-1 Neighborhood Business District to 0-2 Office District
located 2700feet more or less East of the intersection of Jake Sears Road
and Centerville Turnpike.
Parcel 2: From I-1 Light Industrial District to 0-2 Office District located
2000 feet more or less East of the intersection of Jake Sears Road and
Centerville Turnpike and on the West side of Regent University Drive, 500
feet more or less North of Jake Sears Road.
Parcel 3: From R-5D Residential Duplex District to 0-2 Office District
located 450feet more or less East of the intersection of Jake Sears Road and
Centerville Turnpike.
The proposed zoning classification change to 0-2 is for office land use The
Comprehensive Plan recommends use of this parcel for suburban
employment use in accordance with other Plan policies. Said parcels contain
73.9 acres. DISTRICT 1 - CENTER VILLE.
AND,
ORDINANCE UPON APPLICA TION OF THE FO UNDERS VILLA GE, INC.
FOR A CONDITIONAL USE PERMIT FOR A RETIREMENT COMMUNITY
R01982164
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of The Founders Village, Inc. Fora Conditional
Use Permit for a retirement community on certain property located at the
northwest quadrant of Regent University Drive and Jake Sears Road. Said
parcel contains 73.9 acres. DISTRICT 1 - CENTER VILLE.
September 8, 1998
- 38-
Item V-I. 6.
PUBLIC HEARING
ITEM # 44061 (Continued)
PLANNING
The following conditions were AMENDED to read as follows:
The Founders Village Retirement Community shall substantially
adhere to the submitted siteplan entitled "Revised Conditional Use
Exhibit, Founders Village Retirement Community, "dated 31 July
1998, by the TAF Group.
Independent living units will include a combination of apartment
units, duplex units and single-family manor homes. The specific
number of each type of unit is.flexible within the following ranges:
Single family manor homes
Duplex units
Apartment units
-- 35- 60units
-- 95 - 130 units
-- 190 - 205 units
The total combination of apartment units, manor homes and duplex
units may not exceed a maximum of 350 units.
Conditions #3 through #15, as attached to the 13 January 1998,
Conditional Use Permit approval, remain unchanged.
Voting: 8-1 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, HaroM Heischober, Barbara M.
Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K. Parker and
A. M. "Don" Weeks
Council Members Voting Nay:
Reba S. McClanan *
Council Members Absent:
Vice Mayor William D. Sessoms, Jr. and William W. Harrison, Jr.
* Verbal Nay
September 8, 1998
- 39-
Item V-L 7.
PUBLIC HEARING
ITEM # 44062
PLANNING
R. J.. McGinnis,, 968 South Oriole Drive, McGinnis Realty and Development Company, Phone: 422-3548
Attorney Edward Bourdon, Pembroke One, Phone: 499-8971, represented the adjacent residents, Mr. and
Mrs. Griffin to address concerns relative access
Upon motion by Council Lady Henley, seconded by Councilman Weeks, City Council ADOPTED the
Ordinance upon Application of McGINNIS REAL TY and DEVELOPMENT COMPANY for a Conditional
Change of Zoning District Classification:
ORDINANCE UPON APPLICATION OF MCGINNIS REALTY &
DEVELOPMENT COMPANY FOR A CONDITIONAL CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM AG-1 & AG-2 to
CONDITIONAL R-10 Z09981110
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of McGinnis Realty and Development Company
for a Conditional Change of Zoning District Classification form A G-1 & A G-
2 Agricultural Districts to Conditional R-10 Residential District on certain
property located on the east side of Holland Road beginning at a point
284.20feet south of Saville Garden Way. The proposed zoning class~cation
change to R-10 is for single family residential land use on lots no less than
10, 000 square feet. The Comprehensive Plan recommends use of this parcel
for suburban residential~low density at densities that are compatible with
single-family use in accordance with other Plan policies. Said parcel
contains 13 acres. DISTRICT 7 - PRINCESS ANNE.
The following condition shall be required:
1. An Agreement encompassing proffers shall be recorded with the
Clerk of Circuit Court.
This Ordinance shall be effective in accordance with Section 107 (1) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of September. Nineteen Hundred
and Ninety-Eight
Voting: 9-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,
Nancy K. Parker and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr. and William V~. Harrison, Jr.
September 8, 1998
¥ir i ia Rcach
In Reply Refer To Our File No. DF-4715
DATE: August 12, 1998
TO:
FROM:
Leslie L. Lilley DEPT: City Attorney
William M. Macali ~ DEPT: City Attorney
Conditional Zoning Application - George W. Wilson, et als (McGinnis Realty
and Development Company)
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on August 25, 1998. I have reviewed the subject proffer agreement, dated July
24, 1998, and have determined it to be legally sufficient and in proper legal form. A copy of
the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
WMM/
Enclosure
AGREEMENT
THIS AGREEMENT made this 24th day of July, 1998, by and between GEORGE
W. WILSON, MARY BRITE WILSON and HELEN C. WILSON, hereinafter collectively
called "Grantor" and MCGINNIS REALTY AND DEVELOPMENT COMPANY, a Virginia
corporation (the "Applicant"), both Grantors for purposes of indexing and the CITY OF
VIRGINIA BEACH, a Municipal Corporation of the Commonwealth of Virginia, hereinafter
called "Grantee".
RECITALS:
R-1 The Grantor is the record fee simple owner of the property (the "Property")
located in the Princess Anne District, City of Virginia Beach, Virginia and described in
Exhibit A attached hereto and incorporated into this Agreement.
R-2 Applicant has imtiated an Amendment to the zoning map of the City of
Virginia Beach, Virginia, by petition of the Applicant addressed to the Grantee, so as to
chtmge the zoning classification of a portion the Property from AG-1 and AG-2 Agriculture
to R-10 Residential District. The proposed amendment is made pursuant to the terms of the
zoning ordinance of the City of Virginia Beach, Virginia, adopted April 18, 1988, as
amended and as in effect as of the date of this Agreement (the "Zoning Ordinance").
R-3 The Grantee's policy is to provide only for the orderly development of land,
fro' various purposes, including residential purposes, through zoning and other land
development legislation.
R-4 The Grantor and the Applicant acknowledge that competing and sometimes
incompatible uses conflict and that in order to permit different uses on and in the area of the
Property and at the same time to recognize the effect of the changes, and the need for various
types of uses, including those listed above, certain reasonable conditions governing the use
of the Property for the protection of the community that are not generally applicable to land
shnilarly zoned R-10 are needed to cope with the situation which the Applicant's rezoning
application gives rise to.
R-5 The Grantor and Applicant have voluntarily offered, in writing, in advance of
and prior to the public heating before the Grantee, as part of the proposed amendment to the
zmfing map with respect to the Property, in addition to the regulations provided for in the
existing R-10 zoning district by the Zoning Ordinance, the following reasonable conditions
related to the physical development, operation and use of the Property to be adopted as part
Prepared by Han'y R. Purkey, Jr., P.C.
of said amendment to the zoning map relative and applicable to the Property, which have a
reasonable relation to the rezoning and the need for which it is generated by the rezonmg.
R-6 The conditions outlined in this Agreement have been proffered by the Grantor
and the AppLicant aad allowed and accepted by the Grantee as part of the amendment to the
Zoning Ordinance and the zoning map. These conditions shall continue in full force and
effect until subsequent amendment changes the zoning of the Property; provided, however,
that such conditions shall continue despite a subsequent amendment if the subsequent
amendment is part of the comprehensive implementation of a new or substantially revised
zo~fing ordinance of Grantee, unless, notwithstanding the foregoing, the conditions are
amended or varied by mitten instrument recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia and executed by the record owner of the Property at
the time of recordation of such instruments; provided further that said instrument is
consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or
resolution adopted by the governing body of the Grantee, after a public hearing before the
Grantee advertised pm'suant to the provisions of the Code of Virginia, Section 15.1-431,
wlfich said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent.
WI TNESS E TH:
NOW THEREFORE, the Grantor and the Applicant, for themselves, their
successors, personal representatives, assigns, grantees and other successors in title and
interest, voluntarily without requirement by or exaction from the Grantee or its governing
body and without any element of compulsion or quid pro au6 for zoning, rezoning, site plan,
building permit or subdivision approval, hereby make the following declaration of conditions
and reslxictions which shall restrict and govern the physical development, operation and use
of the Property and hereby covenant and agree that this declaration shall constitute covenants
rtummg with the Property, which shall be binding upon the Property and upon all parties and
persons claiming under or through the Grantor and the Applicant, their successors, personal
representatives, assigns, grantees, and other successors in interest or title.
1. The preliminary subdivision plan submitted by the Grantor and the Applicant
to the Department of Planning with this Agreement and entitled "Preliminary Subdivision of
Greenwood Wilson Tracts on Holland Road dated November 6, 1997 and revised May 11,
1998 and revised June 25, 1998" (the "Plan") is incorporated herein by reference and forms
a part of this Agreement and shall be substantially adhered to in the development of the
Property.
2
2. Colonial style street lights shall be installed by Grantor in the public right of
way with the nmnber, location, specifications and designs to be as required by the
Deparlxnent of Traffic Engineering of the City of Virginia Beach and Virginia Power.
3. Grantor shall install entrance signage of a brick monument style with
landscaping as shown on the Plan.
4. Grantor shall cause to be made a right-of-way dedication to the City of
Vh'ginia Beach along Holland Road, as shown on the Plan at time of the recordation of the
subdivision plat for the Property. All land dedicated under this. paragraph and shown on the
Plat is to be used for inclusion into Holland Road. In the event that the road improvements
contemplated in this proffer are not included in the City's 5-year Capital Improvement Plan
("CIP") at the 6me of the subdivision approval, the Grantors agree to execute an appropriate
agreement prior to such subdivision approval, in a form acceptable to the City Attorney, to
assure that such dedications will be conveyed to the City upon the inclusion of said road
improvements in the CIP. The Grantors acknowledge that the subdivision approval will not
be granted until such agreement has been executed or the aforesaid property has been
dedicated. If the property proffered by the Grantors in this paragraph is not used by the
Grantee within the next twenty years from the date of subdivision approval for the purpose
for which they are proffered, then such property may be used by the City of Virginia Beach
fm any other public purpose.
5. Further conditions may be required by the Grantee during detailed site plan
and/or subdivision review and administration of apphcable City Codes by all cognizant City
agencies and departments to meet all applicable City Code requirements.
6. The Grantor and the Applicant covenant and agree that:
a. The Zoning Achninistrator of the City of Virginia Beach, Virginia shall be
vested with all necessary authority on behalf of the governing body of the City of Virginia
Beach, Virginia, to administer and enforce the foregoing conditions and restrictions,
including the authohty (i) to order in writing that any non-compliance with such conditions
be remedied and (ii) to bring legal action or suit to insure compliance with such conditions
including mandatory or prohibitory injunction, abatement, damages or other appropriate
action, suit or proceedings.
b. Failure to meet all conditions and restrictions shall constitute cause to deny
the issuance of any of the required building or occupancy permits as may be appropriate.
3
c. If aggrieved by any decision of the Zoning Administrator made pursuant to
the provisions, of the City Code, the Zoning Ordinance, or this Agree~nent, the Grantor shall
petition the governing body of Grantee for the review of such decision prior to instituting
proceedings in com't.
d. The Zoning Map shall show by an appropriate sy~nbol on the Map the
existence of conditions attaching to the zoning of the Property on the map and that the
ordinance and the conditions may be readily available and accessible for public inspection
m the office of the Zoning Administrator and in the Planning Depamnent and that they shall
be recorded in the Clerk's Office of the Circuit Court of the City of Vfl'ginia Beach, Virginia
and indexed in the name of the Grantor and Grantee.
(signatures on following page)
4
George W. Wilson
(SEAL)
CITY/COUNT~ OF~////~/~'a/_,~F_~. , to-wit;
I,~..~~~~ , a Notary Public in and for the City andState
aforesaid, do hereby cert~ that/George W Wilson has acknowledged the same before me
in my said City and State.
GIVEN under my hand this ~__~_~;~ f~998j
Notary
(signatures continued on following page)
5
(signatures continue from previous page)
"M~{y ~iie Wii~n
STATE OF ~
C~T¥/COUNT~OF~C3~ ~, to-wit;
~ I, ~/'~~~~~ ,a Notary Public in and for the City and State
aforesaid,, do-l~ereby Ce-rtif~at l~ary Brite Wilson has acknowledged the same before me
in my said City and State.
GIVEN under my hand this,
My Commission Expires:
~day of ~ ,1998.
~ota~ ~b~
(signatures continued on following page)
6
(signatures continued from previous page)
Helen C. Wilson
STATE OF
crrY/COU TYFOF ',
aforesaid, do hereby certif
my said City and State.
GIVEN
Mv Commission Expires:
S-O I
~.,~, to-wit;
/~-~zJ , a Notary Public in and for the City and State
fthat/f-Ielen C. Wilson has acknowledged the same before me in
under my hand this 2/~day of ~,~ ,1998.
N~tary Public ~
(signatures continued on following page)
(signatures continued from previous page)
McGINNIS REALTY AND DEVELOPMENT
COMPANY, a Virginia corporation
BY: R ~~, .~' .~~,~~"t--',~ (SEAL) · /.2qlcGinnis, Plffsident
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit;
I, //~/')"//~/~/x'~.~3,/D77t~, a Notary Public in and for the City and State
aforesaid, do l~ereby certify that R.J. McGinnis, President of McGinnis Realty and
Developme~ C,p,~uany, whose name as such is signed to the foregoing insmmaent bearing
date on the '6g '--day of July, 1998, have acknowledged the same before me in my said City
and State.
GIVEN
Co ~mn~ssi~pkes:
My ~J/5/
agt.wil
under my hand this
//
Notary Public
,1998.
8
EXHIBIT "A"
PARCEL I:
ALL THAT piece and parcel of land, situate and being in the City of Virginia Beach
(formerly Princess Anne County), in the State of Virginia, at the mouth of the main road or
lane that leads to America Fentress' house and being a part of the original farm of said
Fentress and bounded on the East by other lands of said Fenlxess, also on the South and West
and North by the other lands of said Fentress, and containiag three (3) acres. The said piece
or land to commence in the corner of said land or mouth and nm Northerly 221 yards, thence
Easterly 70 yards, then Southerly 221 yards to the Holland Road, and thence along said road
Southerly to the place of beginning, 70 yards; also the property is known as "J.W. Wilson
3 Acres (formerly Tony Wilson)" as shown on that certain plat entitled "Property of G.B.
Wilson Located in Princess Anne Co. Va", Surveyed by W.B. Gallup, Va. Beach Va., dated
September 12, 1936, Certified Surveyor.
PARCEL II:
ALL THAT eertaia piece or parcel of land, in said City and State, being a part and portion
of the farm on which the said America Fentress resided and to commence on the main road,
on the Holland Swamp Public Road, and running thence in a Southerly course along said
road to the line of the Sparrow tract of land, thence following around or across said Sparrow
Tract, so as to make three acres of land in the boundary that will be, or is in, the body of land
to be laid off'from said line that joins Tony Wflson's part laid off, the said piece of land to
be laid offis as nearly a parallelogram as possible on said land and convenient, and to join
the lines of said Tony Wilson on the South by the part conveyed to him by deed, also the
property is known as "J.W. Wilson 3 Acres (formerly Jane Wilson)" as shown on that certain
plat entitled "Property of G.B. Wilson Located in Princess Anne Co. Va", Surveyed by W.B.
Oallup, Va. Beach Va., dated September 12, 1936, Certified Surveyor.
PARCEL II/:
ALL THAT certain piece or parcel of land, with the buildings and improvements thereon,
situate, lying and being in the City of Virginia Beach, Virginia and being known and
designated as G.B. Wilson 4 acres (to be conveyed to J.W. Wilson), as shown on that certain
plat entitled, "Property of G.B. Wilson Located in Princess Anne Co. Va", Surveyed by W.B.
Gallup, Va. Beach Va. dated September 12, 1936, Certified Surveyor, and duly recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book
10, at page 113.
- 40 -
Item VJ. 8.
PUBLIC HEARING
ITEM # 44063
PLANNING
Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED an Ordinance
upon application of COWAN CONSTRUCTION AND DESIGN, INC. for a Change of Zoning:
ORDINANCE UPON APPLICA TION OF CO WAN CONSTR UCTION AND
DESIGN, INC. FORA CHANGE OF ZONING DISTRICT CLASSIFICA TION
FROMA-12 TO R-5S Z09981111
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Cowan Construction & Design, Inc. for a
Change of Zoning District Classification from A-12 Apartment District to R-
5S Residential Single Family District on certain property located at the
southwest corner of Alabama Avenue and Garfield Avenue. The proposed
zoning classification change to R-5S is for single family residential land use
on lots no less than 5, 000 square feet. The Comprehensive Plan recommends
use of this parcel for suburban residential at densities that are compatible
with single-family and duplex use in accordance with other Plan policies.
Said parcel contains 23, 958 square feet. DISTRICT 3 - ROSE HALL.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of September, Nineteen Hundred
and NineS-Eight
Voting: 9-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, HaroM Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf
Nancy K. Parker and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr. and William W. Harrison, Jr.
September 8, 1998
- 41 -
Item V-L9.
PUBLIC HEARING
ITEM # 44064
PLANNING
Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to AMEND and REORDAIN Sections 111, 401, 801, 901 and
1001 of the City Zoning Ordinance (CZO) and to ADD new Section 233.15
re fiber optics transmission facilities.
Voting: 9-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf
Nancy K. Parker and A. 34. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr. and William W. Harrison, Jr.
September 8, 1998
1
2
3
4
5
6
AN ORDINANCE AMENDING THE CITY ZONING
ORDINANCE BY PROVIDING A DEFINITION OF, AND
STANDARDS PERTAINING TO, FIBER-OPTICS
TRANSMISSION FACILITIES AND PRESCRIBING THE
ZONING DISTRICTS IN WHICH SUCH USE IS
PERMITTED
7
8
9
10
SECTIONS AMENDED: CITY ZONING ORDINANCE
SECTIONS 111, 401, 801, 901 AND 1001
SECTION ADDED:
233.15
CITY ZONING ORDINANCE SECTION
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 111, 401, 801, 901 and 1001 of the City Zoning
Ordinance be, and hereby are, amended and reordained, and a new
Section 233.15 be, and hereby is, added, to read as follows:
Sec. 111. Definitions.
Fiber-Optics Transmission Facility, A centralized facility in
which fiber-optic voice and data transmission equipment is used to
regenerate and route incoming fiber-optic signals.
ARTICLE 2.
GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO
ALL DISTRICTS
CONDITIONAL USES AND STRUCTURES.
Sec. 233.15.
Fiber-Optics Transmission FacilitieS.
In addition to general requirements, fiber-optics transmission
facilities shall be subject to the following requirements, which
shall be deemed tO be conditions of the conditional use permit:
(a) All equipment shall be located within a fully-enclosed
building;
(b) Minimum lot area shall be twenty thousand (20,000) square
feet;
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
6O
61
62
63
64
(C) Ail lighting shall be directed toward the interior of the
site and shall be designed so as to shield adjacent
properties from light and glare: and
(d) Where adjacent to a residential or apartment district
without an intervening street, alley or body of water
greater ~han twenty-five (25) feet in width, a minimum
fifteen-foot setback shall be required along all lot
line~ adjoining such residential or apartment district,
and Category IV landscape screening shall be required
unless otherwise specified in the conditional use permit.
No building or structure or vehicular parking surface
shall be located within such setback.
ARTICLE 4. AGRICULTURAL DISTRICTS
Sec. 401. Use regulations.
(a) Principal and conditional uses. The following chart lists
those uses permitted within the AG-1 and AG-2 Agricultural
Districts. Those uses and structures in the respective agricultural
districts shall be permitted as either principal uses indicated by
a "P" or as conditional uses indicated by a "C." Uses and
structures indicated by an "X" shall be prohibited in the
respective districts. No uses or structures other than as specified
shall be permitted.
Use
Fiber-optics transmission
facilities
AG- 1 AG- 2
2
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
8O
81
82
83
84
85
86
87
88
89
90
91
92
93
94
ARTICLE 8. OFFICE DISTRICTS.
Sec. 801. Use regulations.
(a) Principal and conditional uses. The following chart lists
those uses permitted within the 0-1 and 0-2 Office Districts. Those
uses and structures in the respective Office Districts shall be
permitted as either principal uses indicated by a "P" or as
conditional uses indicated by a "C." Uses and structures indicated
by an "X" shall be prohibited in the respective districts. No uses
or structures other than as specified shall be permitted.
Use 0-1 0-2
Fiber-optics transmission
facilities ~ ~
ARTICLE 9. BUSINESS DISTRICTS.
Sec. 901. Use regulations.
(a) Principal and conditional uses. The following chart lists
those uses permitted within the B-1 through B-4 Business Districts.
Those uses and structures in the respective business districts
shall be permitted as either principal uses indicated by a "P" or
as conditional uses indicated by a "C." Uses and structures
indicated by an "X" shall be prohibited in the respective
districts. No uses or structures other than as specified shall be
permitted.
Use B-1 B-IA B-2 B-3 B-3A B-4
Fiber-optics transmission
facilities
96
97
98
99
100
101
102
103
104
105
106
ARTICLE 10.
Sec. 1001.
INDUSTRIAL DISTRICTS.
Use regulations.
(a) Principal and conditional uses. The following chart lists
those uses permitted within the I-1 and I-2 Industrial Districts.
Those uses and structures in the respective industrial districts
shall be permitted as either principal uses indicated by a "P" or
as conditional uses indicated by a "C." Uses and structures
indicated by an "X" shall be prohibited in the respective
districts. No uses or structures other than as specified shall be
permitted.
107 Use I-1 I-2
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
Fiber-optics transmission facilities
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 8th day of September, 1998.
CA-98-7063
ordin\proposed\45-233et.com
R-1
June 30, 1998
APPROVED AS TO CONTENT
Planning
APPROVED AS TO LEGAL
SUFFICIENCY
Department of Law
- 42 -
Item V-J.
APPOINTMENTS
ITEM # 44065
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
DEVELOPMENT A UTHORITY
WETLANDS BOARD
September 8, 1998
- 43 -
Item V-K. 1.
UNFINISHED BUSlNESS
ITEM # 44066
Council Lady Henley referenced correspondence from former Councilman John A. Baum relative Virginia
Power's priorities in restoring power to Blackwater. There are over 400 houses in Blackwater and Gibbs
Woods. Virginia Power services Blackwater (and Gibbs Woods in North Carolina -- cut off by the Northwest
River) through Chesapeake facilities. Councilman Baum was grateful to receive power 98 hours later and
recognizes the lineman's difficult tasks; however, Virginia Power said they would not bring in out-of-state
crews because of communication problems. Councilman Baum requested Virginia Power's policy be re-
examined for this area.
Council Lady Henley distributed copy of correspondence to Members of City Council, which is hereby made
a part of the record.
September 8, 1998
- 44 -
Item V-M.
ADJOURNMENT
ITEM # 44067
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 5:05 P.M.
Chief Deputy City Clerk
Ruth Hodges Smith, CMC/AAE
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
September 8, 1998
- 44-
Rem V-M.
ADJOURNMENT
ITEM # 44067
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 5.'05 P.M.
Beverly O. Hooks, CMC/AAE
Chief Deputy City Clerk
Ruth Hodges Smith, CMC/AAE
City Clerk
Mayor
City of Virginia Beach
Virginia
September 8, 1998