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Home My WebLink AboutJUNE 9, 1998 MINUTESCity of Virginia Bcach "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR WILLIAM D. SESSOMS, JR., At-Large JOHN A. BAUM, Blackwater Borough L[NWOOD 0. BRANCH Ill, Virginia Beach Borough ~v'ILLJAM tJV. HARRISON, JR., Lynnhauen Borough HAROLD HEISCHOBER, At*Large BARBARA M. HENLEY, Pungo Borough LOUIS R. JONES, Bayside Borough REBA S. McCLANAN, Princess Anne Borough NANCY K. PARKER, At-Large LOUISA M. STRA YHORN, Kempswl)e Borough JAMES K. SPORE, City Manager LESLIE L. LILLEY, City Attorney RUTH HODGES SMITH, CMC / AAE, City Clerk CITY COUNCIL AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 (757) 427-4303 June 9, 1998 CITY MANAGER'S BRIEFINGS - Conference Room - Ao B° Co STREET CLOSURE POLICY Leslie L. Lilley, City Attorney TRANSITION AREA/ARP Robert J. Scott, Director, Department of Planning LAGOMAR HRSD INTERCEPTOR PROJECT Clarence Warnstaff, Director, Department of Public Utilities DYNAMIC MESSAGE SIGNS John Herzke, City Engineer 11:00 AM II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL CONCERNS IV. INFORMAL SESSION - Conference Room - 1:00 PM Ao Bo Co CALL TO ORDER - Mayor Meyera E. Obemdorf ROLL CALL OF CITY COUNCIL RECESS TO EXECUTIVE SESSION V. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverand Fritz Stegemann Open Door Chapel C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS June 2, 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. RESOLUTIONS/ORDINANCES Resolution to authorize the Director of Public Utilities to approve the plans and specifications for construction of the HRSD Lagomar Interceptor Force Main (Section B). 2. Replacement of W. T. Cooke Elementary School: ao Resolution re a $7,500,000 school construction loan to the Virginia Beach School Board from the Literary Fund of Virginia; and, City Council appropriate sufficient funds to meet this debt. bo Ordinance to authorize the City Manager to execute a deed conveying the City's interest in the school site to the Virginia Beach School Board. Ordinances to AMEND the City Code for elderly and disabled citizens by increasing income and net worth limits. a. Section 28-6 re sewer line fee exemptions. b. Section 37-10 re water resource recovery fee exemptions. Ordinance to authorize acquisition of property in fee simple re construction of Capital Project #5-142 Chloramine Feed Facilities, Lynnhaven Pump Station, including temporary and permanent easements by agreement or condemnation (LYNNHAVEN BOROUGH). Ordinance to AMEND the FY 1997-1998 Capital Budget by establishing Capital Project #9- 010 Virginia Marine Science Museum Phase III Master Plan; APPROPRIATE $100,000 from the General Fund Balance to their Capital Project re developing a master plan for the Virginia Marine Science Museum; and, estimated revenue in the FY 1997-1998 Capital Budget be increased accordingly to reflect the use of the General Fund Balance. Ordinance to APPROPRIATE a $37,161 Grant from the Southeastern Virginia Job Training Administration (SVJTA) to the Department of Housing and Neighborhood Preservation FY 1997-1998 Operating Budget re staffing and travel expenses for the Care Youth Leadership Camp; and, estimated revenue from the Commonwealth of Virginia be increased accordingly. Ordinance to authorize a temporary encroachment into a portion of the City's 300' wide drainage easement known as Canal No. 2 by Stihl, Inc. re constructing and maintaining a parking addition adjacent to the existing parking lot at the rear of 536 Viking Drive (PRINCESS ANNE BOROUGH). 8. Ordinances re annual compensation for City Council Appointees: a. City Manager b. City Attorney c. City Real Estate Assessor d. City Clerk 9. License Refunds - $2,149.59. I. PUBLIC HEARING - PLANNING 3:00 PM PLANNING BY CONSENT - To be determined during the Agenda Review Session. Application of GEORGE F. DARDEN, JR. for a Variance to Section 4.4 (b) of the Subdivision Variance which requires that all lots created by subdivision meet all of the requirements of the City Zoning Ordinance at 2784 Seaboard Road, containing 3.4 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL Application of TODD WALTER/BAITA DEVELOPMENT CO., LLC for a Variance to Section 4.4(a) of the Subdivision Ordinance to subdivide an existing commercial parcel into two lots on 2.404 acres, Parcel C-2F, Princess Anne Marketplace (KEMPSVILLE BOROUGH). Recommendation: APPROVAL Application of DMR HOLDINGS, LLC for a Conditional Use Permit for an automotive repair garage (classic auto restoration) on the North side of Princess Anne Road, East of Arrowhead Drive (5716 Princess Anne Road), containing .286 acre (KEMPSVILLE BOROUGH). Recommendation: APPROVAL Application of PAXSON COMMUNICATIONS CORPORATION for a Conditional Use Permit for a communications tower on the East side of Clearficld Avenue beginning at a point 200 feet more or less North of Cleveland Street (230 Clcarfield Avenue), containing 15.106 acres (BAYSIDE BOROUGH). Recommendation: APPROVAL 5. Applications of SPRINT, PCS for Conditional Use Permits for: o Communication tower on the West side of Lawson Road/Independence Boulevard (1707 Lawson Road), containing 25,958 square feet (BAYSIDE BOROUGH). bo Monopole communication tower on the West side of Sandbridge Road, Northeast of Colchester Road, bounded on the East by Sandbridge Road and on the West by Hells Point Creek, containing 73.8 acres (PRINCESS ANNE BOROUGH). Telecommunication antennas on the North side of Holland Road, East of Dam Neck Road (3040 Holland Road), containing 17.632 acres (PRINCESS ANNE BOROUGH). Recommendations: APPROVAL Application of WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC., for a Conditional Use Permit for a home for the aged, disabled or handicapped (extension) at the Northwest comer of Shore Drive and Starfish Road (3100 Shore Drive), containing 12.639 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL Application of DALA CORPORATION, a Virginia Corporation for a Conditional Use Permit for an Open Space Promotion on the North side of Indian River Road beginning at a point 2080 feet more or less East of Hillcrest Farms Boulevard, containing 30 acres (KEMPSVILLE BOROUGH). Recommendation: DENIAL Applications of RACETRAC PETROLEUM, INC. on East side of South Military Highway, 1700 feet more or less North of Alexandria Avenue (636 and 644 South Military Highway), containing 1.368 acres (KEMPSVILLE BOROUGH): Change of Zoning District Classification from I-1 Light Industrial District to Conditional B-2 Community Business District. b. Conditional Use Permit for gasoline sales in conjunction with a convenience store. Recommendations: APPROVAL Application of MICHAEL D. SIFEN, INC., a Virginia Corporation for a Change of Zoning District Classification from R-5D Residential Duplex District to Conditional B-2 Community Business District at the Northeast comer of Lynnhaven Parkway and Salem Road, containing 5.17 acres (KEMPSVILLE BOROUGH). Recommendation: Staff: Planning Commission: Change Application APPROVAL APPOINTMENTS AIRPORT AUTHORITY HAMPTON ROADS PLANNING DISTRICT COMMISSION PARKS AND RECREATION COMMISSION PERSONNEL BOARD SOCIAL SERVICES BOARD TIDEWATER COMMUNITY COLLEGE BOARD TIDEWATER REGIONAL GROUP HOME COMMISSION TIDEWATER TRANSPORTATION DISTRICT COMMISSION VIRGINIA BEACH TOWING ADVISORY BOARD K. UNFINISHED BUSINESS L. NEW BUSINESS 1. ABSTRACT OF LEGAL CASES RESOLVED - MAY 1998 M. ADJOURNMENT CITY COUNCIL CEREMONIAL OATH and REORGANIZATION Tuesday, July 7, 1998 - 2:00 PM City Council Session 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 42%4305 (TDD - Telephonic Device for the Deaf) 06/05/98BAP AGENDA\06-09-98.PLN www.virginia-beach.va.us MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 9, 1998 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFINGS in Conference Room, City Hall Building, on June 9, 1998, at 11:00 A.M. the Council Council Members Present: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf and Louisa M. Strayhorn Council Members Absent: Vice Mayor William D. Sessoms, Jr. Louis R. Jones Nancy K. Parker [ENTERED: 12:33 P.M.] [ENTERED: l l :08 A:M.] [ENTERED: 11:28 A.M.] 2 CITY M/INA GER 'S BRIEFING STREET CLOSURE POLICY ITEM # 43639 11:00A.M. Leslie L. Lilley, City Attorney, referenced the proposed procedure for Street Closures. In 1997, the General Assembly approved City Council's request concerning legislation allowing the appointment of viewers for one-year terms to view each street closure application during the term, without having separate hearings to appoint viewers. Mr. Lilley distributed the Proposed Procedure - Street Closure, which is hereby made apart of the record. NEW PROCEDURE OLD PROCEDURE Step 1: Hearing before Council to Hearing before City Council for appointment of appoint viewers for a one year viewers for each proposed closure. term. Step 2: Viewers meet and make report to Same Planning Commission. Step 3: Same Step 4: Planning Commission receives report of the viewers, holds public hearing and makes recommendation to Council. Notice- published, written to affected landowners, and sign posted. Preliminary/conditional hearing before City Council; public hearing held~notice published, written to affected landowners, and sign posted. Decision made to close with conditions or not to close. Applicant has up to one year to meet the conditions of closure or the application becomes void. Extension of time only granted where failure to meet conditions has not been caused by the applicant's failure to pursue. Final closure whenever conditions are met and City Attorney records the ordinance; no Council action required. Same. No set time limff to meet conditions; typically time granted in 180 day increments. Final hearing required before Council when conditions have been satisfied; Council approves final closure. Notice requirements are governed by Virginia Code §§ 15.2-2006, and 15.2-2004. These sections require newspaperpublication before each hearing at least twice, with at least 6 days elapsing between the first and second publications. Written notice must be given to affected property owners before each hearing in the same manner as rezonings (i.e., written notice at least 5 days before the hearing to the occupant or owner of parcels involved, to all abutting property owners, and property immediately across the street or road from the affected property). The applicant is required to erect a sign no less than 15 days before the Planning Commission. The sign may not be removed until after the hearing before City Council June 9, 1998 -3- CITY MAN.4 GER 'S BRIEFING STREET CLOSURE POLICY ITEM # 43639 (Continued) The adoption of this policy and related ordinances which have been prepared by the City Attorney's Office, in conjunction with the Planning Department, will result in an efficient method for the timely handling of street closure applications. In co-operation with the City Manger, the City Attorney will place this matter on a future agenda for your consideration. BY CONSENSUS, the Resolution establishing a Policy regarding the street closure process and a related Ordinance will be SCHEDULED for the City Council Session of June 23, 1998. June 9, 1998 CITY MANAGER'S BRIEFING TRANSITION ARE/JARP 11:08 A.M. ITEM # 45640 Robert J. Scott, Director of Planning, extended appreciation for the responses regarding the Agriculture Reserve Program and Transition Area to Patricia Phillips, Director of Finance, Louis Cullipher, Director of Agriculture, William Macali, Assistant City Attorney, and Clarence Warnstaff Director ofPublic Utilities. Mr. Scott cited the responses to City Council's questions. How many acres of net developable land are located within the former Transition Area III(excludes the area generally east of New Bridge Road and does not include residential subdivisions, the Heron's Ridge golf course, borrow pits, environmentally restrictive areas) 2050 acres. What would be the cost of public infrastructure (excluding public water and sewer) in this area developed to the maximum allowed by the comprehensive plan (1 dwelling unit per acre equivalenO ? $2 7.5-MILLION (assumes 50% increase over the 1990fiscal impact figure) What is a rough cost estimate of extending public water and sewer into this area? Water = $10, O00/dwelling unit or $20.5-MILLION for this area. Sewer = $20, O00/dwelling unit or $41. O-MILLION for this area 4. How much would ff cost if all land in this area were entered into the APR? If APR value is $14,000 per acre = $28. 7-MILLION If ARP value is $ 3, 000 per acre = $ 6. I-MILLION 5. How many property owners are there within this area? 54 6. To determine parcel consolidation potential for ARP, how many developable lots are in the 5-20 acre, 20-50 acre and 50+ acre ranges? Total number of lots: 70 Breakdown by range of lot sizes: 5-20 acres = 38 lots 20-50 acres = 20 lots 50 + acres = 12 lots. 70 lots total How much money is now available in the ARP program? $6.8-MILLION (projected June 30, 1998 balance) What other land use opportunities exist in this area besides golf courses?* Traditionally produced vegetables and fruits Organically produced vegetables and fruits Roadside markets/and pick-your-own Nursery Greenhouse Recreation farms/agri-tourist Aquaculture Fee fishing Christmas trees/greenery Limited livestock/poultry Horses (breeding, training & riding) Forestry Orchards/vineyards and figs Farmpark/Equestrian Center Hay/forage production Herbs Petting farm animals Turf farms History farms Cut flowers *(Small tracts of approximately 20 acres are particularly suited to these activities.) June 9, 1998 -5- CITY MANAGER'S BRIEFING TRANSITION AREA[ARP ITEM # 43640 (Continued) o What sources of funding exist for ARP and other open area acquisition programs, within both the northern and southern parts of the City? ARP Special Revenue Fund - Open Space Initiative - $0.015 cents per $100 real estate assessed $0.007 cents per $1 O0 real estate assessed The Urban Infrastructure costs if Transition Area is developed: Transition Area (1990 $) 2,050 dwelling units @ $8,942 = $18,331,100 Escalated to estimated 1998 dollars 2 7, 500, 000 Infrastructure cost per unit of $8,942 is identified by Robert W. Burchell, Ph.D. and David Listokin, Ph.D., in their March 1990, study "Infrastructure Costs, Fiscal Impacts and Proffer Charges, Virginia Beach, Virginia". It is not based on a study of the actual costs for these areas and has not been updated since 1990. This information is intended only to provide Council with the "order of magnitude" to assist them in policy deliberations. The ARP Program estimates an average cost per acre of $3,000 to stay within existing funding. Recent information for the transition area indicates that appraised value could be $14,000 for the Transition Area: 2,050 acres ~ $14,000 per acre = $28,700,000 2,050 acres ~ $ 3,000per acre = $ 6,150,000 Patricia Phillips advised the Agricultural Reserve Program Special Revenue is estimated that a total of 20, OOO acres would eventually be acquired at an average cost of $3,0OO per acre. If the average cost is substantially above $3,000, she recommends that the City reevaluate some of the assumptions, including the number of acres to be acquired in total, the funding sources and the timing of the acquisitions. The current funding stream will not support higher prices, nor will it support faster acquisition June 9, 1998 -6- CITY MANAGER'S BRIEFING LA GOMAR HRSD INTERCEPTOR PROJECT ll:35 A.M. ITEM # 43641 Clarence Warnstaff, Director of Public Utilities, advised the Hampton Roads HRSD Lagomar Force Main is one piece of a much larger project, even though the ultimate utilization of the Force Main will be principally used by Chesapeake (approximately 2/3 for Chesapeake and 1/3 for Virginia Beach). The line will serve Virginia Beach and the line is needed. When City Council was discussing the sanitary force main to serve the Sandbridge area a number of years ago, Mr. Warnstaff advised City Council that within a 5-10 year timeframe, without adequate or additional capacity in the HRSD system, the City would be forced to consider a moratorium on sanitary sewer connections. Part of the process was to be assured the City and HRSD worked together to find an appropriate route and timely design and construction of additional force main capacity. The Hampton Roads Sanitation District is paying the cost of the design and the construction of these lines. It is a not a cost the City will be incurring. Even though, ultimately, Chesapeake will utilize approximately 2/3 of the line, the line is needed to serve the residents in Virginia Beach. Gary Jones, with Public Works, advised the Lagomar Interceptor Project is a 54"force main which is projected to run from the Atlantic Treatment Plant through HRSD property along the eastern sideline of the Red Mill neighborhood to theproposed Ferrell Parkway. This entire Lagomarproject is intended to run from the Atlantic Plant all the way down to the proposed Ferrell Parkway and Nimmo Church. The existing 30" HRSD main is already in place along proposed Ferrell Parkway from Nimmo to the Courthouse. The 42" section, currently under design, entitled the Lake Ridge Interceptor, is planned to be built from the Courthouse along the proposed Judicial Boulevard and then along Lake Ridge property, Elbow Road and then terminate at Chesapeake. Mr. Jones cited the following Resolution to be considered by City Council during the Formal Session: Resolution to authorize the Director of Public Utilities to approve the plans and specifications for construction of the HRSD Lagomar Interceptor Force Main (Section B) The Interest Participation Agreement between the City and Hampton Roads Sanitation District (HRSD) for the construction of the HRSD Lagomar Interceptor Force Main was executed August 5, 1997. Section II, Paragraph B, of the agreement requires that before any construction work is begun under this agreement, HRSD will submit to, and secure approval from the City offinal plans and specifications for the work by the Director of Public Utilities. HRSD bid the project on February 1 O, 1998, and two extensions have been given by the contractor. The current schedule for contract award is June 11, 1998. This force main will convey wastewater from and through Virginia Beach to the HRSD Atlantic Regional Treatment Plan. This force main is in lieu of the 1995 Pungo Force Main discussed with the City Council during Council's consideration of the route of the Sandbridge Force Main. The Master Plan of HRSD originally indicated a force main from Sandbridge through Back Bay along the Sandbridge Road Corridor coming over to the Plant. City Council decided they did not want that force main in that area. Ultimately the City constructed the force main from Sandbridge up through the North End to Dam Neck and into the plant. When this line was relocated, HRSD had originally planned to pay for that line. In the 1995 Agreement, HRSD agreed to give the same funds to contribute towards the new force main alignment. Another condition of the agreement was HRSD be allowed to build Phase I of the Pungo Interceptor. At one time in HRSD's master plan, an alignment of the Pungo Interceptor had been indicated along Indian River Road coming from Chesapeake down to Pungo and ending up at the Plant. City staff and HRSD were instructed to work together to realign same to a more northern location. Virginia Beach was also to pay portions of the interest on construction. There will be enough existing connections to connect to these lines that immediately once they are completed that there will be no interest participation requirement. Virginia Beach will not pa]? any interest participation or any part of the construction cost. Even though HRSD has been authorized to build these two force mains, HRSD is required to have the Director of Public Utilities approval before construction can commence. This Force main will serve the Lagomar and Red Mill areas of Virginia Beach initially, and ultimately, Lake Ridge, the Transition Area development, and parts of Chesapeake. The Hampton Roads Sanitation District Regional Atlantic Treatment Plan site was originally purchased in the 1970 timeframe. At that time, it was intended to be a regional treatment plant and to be expanded over time as demand on the system increased The first phase was brought on line around 1983 with a capacity of 36 million gallons per day and with expansion capability to 72 mgd. June 9, 1998 -7- CITY MANAGER'S BRIEFING LAGOMAR HRSD INTERCEPTOR PROJECT ITEM # 43641 (Continued) HRSD retained MMM Engineers to evaluate alternative alignments, and prepare construction plans and specifications. MMM focused on three alternative alignments: (a) The Atwood Road Corridor (b) Across the property of False Cape Enterprises (c) Along the eastern boundary of the Red Mill and Ocean Lakes neighborhoods. Alignment "C" was the chosen alignment. This alignment includes an easement that was negotiated and acquired from the property owner (Waller) and a Wetlands Permit obtained from the Corps of Engineers. This alignment does not encroach upon the existing streets within Red Mill or Ocean Lakes; however, it involves clearing a 50-foot easement adjacent to approximately 18 properties within the Red Mill and Ocean Lakes developments. HRSD and the City have held two civic league meetings with the Ocean Lakes and Red Mill Civic Associations. City staff has also had several on-site meetings with the Scopus Creek Boat Association and other concerned citizens. The project has now received support from these three associations. City supports the route selected by HRSD for Section B (Atlantic Treatment Plant to proposed Ferrell Parkway), of the Lagomar lnterceptor and recommends construction contract award. The engineer's estimate for this pipeline was over $4-MILLION and the bid received was $2.6-MILLION. This is an excellent bid. The City Staff will work with the HRSD staff regarding the plant expansion, keeping City Council apprized of their plans and stress the need to incorporate within the expansion sufficient and adequate odor control within the expansion. June 9, 1998 -8- CITY MANAGER'S BRIEFING DYNAMIC MESSA GE SIGNS 12:12 P.M. ITEM # 43642 John Herzke, City Engineer, advised approximately two years ago the Virginia Department of Transportation had of approximately 56 Variable Message Signs (VMS) available for distribution to the Hampton Roads area at no cost. Virginia Beach was approved to receive 16 signs. On July 8, 1997, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $396,000 to the Public Works Department's FY 1997-1998 Operating Budget from the Virginia Department of Transportation (VDOT) re installation of twenty (20) and purchase of two (2) variable message signs These Variable Message Signs are now called Dynamic Message Signs, which is actually the same concept. Usually on the Labor Day weekend, the City installs approximately 4 to 6portable variable message signs around the Oceanfront area for directing traffic relative the activities in the Resort area. With the combination of the 20 signs being received from VDOT, plus funds available in the region, the Staff has been able to program the installation ora signing plan basically around the perimeter of the Oceanfront area. Mr. Herzke displayed a map with the original sign locations which were shown at a Public Hearing in December 1997. Presentations regarding these sign locations were given to the Resort Area Advisory Commission. As a result of the input from the public process, three of the signs are not going to be pursued. The sign at 5 7h Street is going to be totally dropped. Two other signs on Birdneck Road, between Virginia Beach Boulevard and Norfolk Avenue, are to be held in abeyance. The signs were proposed to capture traffic northbound to direct them to the Pavilion Parking Lot or southbound to direct for utilization of the new parking garage at 9th Street. A sign proposed for General Booth, in the vicinity of Croatan Road, will not be pursued. There will be a sign on General Booth, south of Birdneck Road, which will hopefully route traffic through Birdneck before they get to the Oceanfront. Thus, the City staff will now be pursuing approximately 12 signs. A sign was suggested by RAAC at either Great Neck and Shore Drive, or at Route 13, just off the Chesapeake Bay Bridge Tunnel. This will be investigated as a separate effort. The staff is reviewing and coordinating with Mark Wawner of Economic Development the placement ora Dynamic Message Sign in the vicinity of Princess Anne and Dam Neck Roads for directing Amphitheater parking. Mr. Herzke displayed examples of Dynamic Message Signs, which have similar appeal as the signs along Atlantic Avenue as a part of the Beautification project. Landscaping will be along the base of the signs. These will be permanent fixtures, not portable signs. The permanent signs, not portable, were received from VDOT. These signs are approximately twelve feet in height. Concern was expressed relative the number of signs and the messages placed in a timely manner. There have been a series of articles in The Daily Press relative the unattractiveness of these signs in York County. Mr. Herzke advised there was a proposal for a Variable Message Sign Program in FY 1995-1996. $96,000 was received to commence the study effort prior to VDOT's offer of the free signs. Every year thousands of dollars were spent by the City to rent signs on Labor Day and the need would increase. These signs will be interconnected to a computer at the new Second Precinct Police Office on Virginia Beach Boulevard. This department will be able to control the messages on the signs. By Consensus, this item will be DEFERRED for further review. City Staff will meet with Councilman Branch. June 9, 1998 AGENDA RE VIEW SESSION 12:33 P.M. ITEM # 43643 Resolution to authorize the Director of Public Utilities to approve the plans and specifications for construction of the HRSD Lagomar Interceptor Force Main (Section B). Council Lady McClanan advised she would vote NA Yon this item. ITEM # 43644 H. 2. Replacement of W. T. Cooke Elementary School: Resolution re a $7,500,000 school construction loan to the Virginia Beach School Board from the Literary Fund of Virginia; and, City Council appropriate sufficient funds to meet this debt. Ordinance to authorize the City Manager to execute a deed conveying the City's interest in the school site to the Virginia Beach School Board. Council Lady Parker inquired relative the loan beingfrom the Literary Fund. Virginia. State Literary Fund Loans are excellent financing instruments that meet the goals of the City's debt management program. The loan is general obligation debt of the City and will replace a like amount of 1998 Charter Bonds when issued by the City. ITEM # 43645 Ordinance to authorize acquisition of property in fee simple re construction of Capital Project #5-142 Chloramine Feed Facilities, Lynnhaven Pump Station, including temporary and permanent easements by agreement or condemnation (L YNNHA VEN BOROUGH). Council Lady McClanan expressed concern relative the appearance of this project as it backs up to Chesopeian Colony. Clarence Warnstaff Director of Public Utilities, advised this is simply a temporary construction easement. This will blend into the existing pump station site. ITEM # 43646 Ordinance to AMEND the FY 1997-1998 Capital Budget by establishing Capital Project #9-010 Virginia Marine Science Museum Phase III Master Plan; APPROPRIATE $100, O00 from the General Fund Balance to their Capital Project re developing a master plan for the Virginia Marine Science Museum; and, estimated revenue in the FY 1997-1998 Capital Budget be increased accordingly to reflect the use of the General Fund Balance. Council Lady Henley advised the Ordinance had not been AMENDED as requested by DEFERRAL. Reference to "the emergency of new regional initiatives to fund major capital projects "was not deleted from the Ordinance. This Ordinance shah be AMENDED for the Formal Session. June 9, 1998 -lO- AGENDA RE VIEW SESSION ITEM # 43647 The City Attorney advised of an ADD-ON to the Agenda relative the Ordinance to establish a Tax Increment Financing (TIF) District re improvement of the commercial area surrounding the Lynnhaven Mall Shopping Center; and, authorize the issuance of special limited obligations of the City secured by Tax Increment revenues derived from such district (ADOPTED 6/2/98). Rather than being effective immediately, the effective date should be July 1, 1998. This item will be ADDED-ON to the Agenda for Reconsideration and then Amended to reflect an effective date of July First. ITEM # 43648 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: RESOL UTIONS/ORDINANCES H.].* b. H. 4. Resolution to authorize the Director of Public Utilities to approve the plans and specifications for construction of the HRSD Lagomar lnterceptor Force Main (Section B). Replacement of W. T. Cooke Elementary School: Resolution re a $7,500,000 school construction loan to the Virginia Beach School Board from the Literary Fund of Virginia; and, City Council appropriate sufficient funds to meet this debt. Ordinance to authorize the City Manager to execute a deed conveying the City's interest in the school site to the Virginia Beach School Board. Ordinances to AMEND the City Code for elderly and disabled citizens by increasing income and net worth limits. Section 28-6 re sewer line fee exemptions. Section 37-10re water resource recovery fee exemptions. Ordinance to authorize acquisition of property in fee simple re construction of Capital Project #5-142 Chloramine Feed Facilities, Lynnhaven Pump Station, including temporary and permanent easements by agreement or condemnation (L YNNHA VEN BOROUGH). Ordinance to AMEND the FY 1997-1998 Capital Budget by establishing Capital Project #9-010 Virginia Marine Science Museum Phase III Master Plan; APPROPRIATE $100, O00 from the General Fund Balance to their Capital Project re developing a master plan for the Virginia Marine Science Museum; and, estimated revenue in the FY 1997-1998 CapitaI Budget be increased accordingly to reflect the use of the General Fund Balance. June 9, 1998 -11- AGENDA REVIEW SESSION ITEM # 43648 (Continued) H. 6. OPdinance to APPROPRIATE a $37,161 Grant from the Southeastern Virginia Job Training Administration (SVJTA) to the Department of Housing and Neighborhood Preservation FY 1997-1998 Operating Budget re staffing and travel expenses for the Care Youth Leadership Camp; and, estimated revenue from the Commonwealth of Virginia be increased accordingly. Ordinance to authorize a temporary encroachment into a portion of the City's 300' wide drainage easement known as Canal No. 2 by Stihl, Inc. re constructing and maintaining a parking addition adjacent to the existing parking lot at the rear of 536 Viking Drive (PRINCESS ANNE BOROUGH). H. 8. Ordinances re annual compensation for City Council Appointees: a. City Manager b. City Attorney c. City Real Estate Assessor d. City Clerk 9. ~ License Refunds - $2,149.59. *Council Lady McClanan will vote a VERBAL NAY on Item H. 1. **Item H. 5. will be ADOPTED, AS AMENDED, BY CONSENT. June 9, 1998 - 12- AGENDA RE VIEW SESSION ITEM # 43649 ' 1.2. Application of TODD WALTER/BAITA DEVELOPMENT CO., LLC for a Variance to Section 4.4(a) of the Subdivision Ordinance to subdivide an existing commercial parcel into two lots on 2.404 acres, Parcel C-2F, Princess Anne Marketplace (KEMPSVILLE BOROUGH). Karen Laslie, Planning Coordinator, advised Council Lady Parker the parcel across from Target will be a Ruby Tuesday's. The proposed structures on both Parcels shall be of an architectural design that complements the existing Target Department store. Council Lady McClanan will vote a VERBAL NAY on this item. ITEM # 43650 J. 6. Application of WESTMINS TER-CANTERB UR Y OF HAMPTONROADS, INC.,for a Conditional Use Permit for a home for the aged, disabled or handicapped (extension) at the Northwest corner of Shore Drive and Starfish Road (3100 Shore Drive), containing 12.639 acres (L YNNHA VEN BOROUGH). As there are speakers registered for this application, this item will be discussed during the Formal Session. ITEM # 43651 Application of DALA CORPORATION, a Virginia Corporation for a Conditional Use Permit for an Open Space Promotion on the North side of Indian River Road beginning at a point 2080 feet more or less East of Hillcrest Farms Boulevard, containing 30 acres (KEMPSVILLE BOROUGH). This item will be DEFERRED, B Y CONSENT, for 60 days. ITEM # 43652 1.8 Applications of RACETRAC PETROLEUM, INC. on East side of South Military Highway, 1700feet more or less North of Alexandria Avenue (636 and 644 South Military Highway), containing 1.368 acres (KEMPSVILLE BOROUGH): Change of Zoning District Classification from I- 1 Light Industrial District to Conditional B-2 Community Business District. Conditional Use Permit for gasoline sales in con/unction with a convenience store. This item will be discussed during the FORMAL SESSION. June 9, 1998 - 13- AGENDA RE VIEW SESSION ITEM # 43653 L9. Application of MICHAEL D. SIFEN, INC., a Virginia Corporation for a Change of Zoning District Classification from R-5D Residential Duplex District to Conditional B-2 Community Business District at the Northeast corner of Lynnhaven Parkway and Salem Road, containing 5.17 acres (KEMPSVILLE BOROUGH). This item will be discussed during the Formal Session. ITEM # 43654 BY CONSENSUS, the following items shall compose the PLANNING B Y CONSENT AGENDA. Application of GEORGE F. DARDEN, JR. fora Variance to Section 4.4 (b) of the Subdivision Variance which requires that all lots created by subdivision meet all of the requirements of the City Zoning Ordinance at 2784 Seaboard Road, containing 3.4 acres (PRINCESS ANNE BOROUGH). L2. Application of TODD WAL TER/BAITA DEVELOPMENT CO., LLC for a Variance to Section 4.4(a) of the Subdivision Ordinance to subdivide an existing commercial parcel into two lots on 2.404 acres, Parcel C- 2F, Princess Anne Marketplace (KEMPSVILLE BOROUGH). L3. Application of DMR HOLDINGS, LLC for a Conditional Use Permit for an automotive repair garage (classic auto restoration) on the North side of Princess Anne Road, East of Arrowhead Drive (5716 Princess Anne Road), containing .286 acre (KEMPSVILLE BOROUGH). L4. Application of PAXSON COMMUNICATIONS CORPORATION for a Conditional Use Permit for a communications tower on the East side of Clearfield Avenue beginning at a point 200feet more or less North of Cleveland Street (230 Clearfield Avenue), containing 15.106 acres (BA YSIDE BOROUGH). L5. Applications of SPRINT, PCS for Conditional Use Permits for: Communication tower on the West side of Lawson Road/Independence Boulevard (1707 Lawson Road), containing 25,958 square feet (BA YSIDE BOROUGH). Monopole communication tower on the West side of Sandbridge Road, Northeast of Colchester Road, bounded on the East by Sandbridge Road and on the West by Hells Point Creek, containing 73.8 acres (PRINCESS ANNE BOROUGH). Telecommunication antennas on the North side of Holland Road, East of Dam Neck Road (3040 Holland Road), containing 17. 632 acres (PRINCESS ANNE BOROUGH). June 9, 1998 - 14- AGENDA RE VIEW SESSION ITEM # 43654 (Continued). Application of DALA CORPORATION, a Virginia Corporation for a Conditional Use Permit for an Open Space Promotion on the North side of Indian River Road beginning at a point 2080 feet more or less East of Hillcrest Farms Boulevard, containing 30 acres (KEMPSVILLE BOROUGH). Council Lady McClanan voted a VERBAL NAY on item L2. Item L 7. will be DEFERRED 60 D.dYS (8/11/98), BY CONSENT. June 9, 1998 - 15- CITY COUNCIL CONCERNS 12:47P. M. ITEM # 43655 Council Lady Henley referenced the correspondence forwarded by the Mayor from Loudoun County, Virginia. The letter advised of a Forum on financing growth to be held June 19, 1998 at Mary Washington College in Fredericksburg. The City Manager advised each of the participating cities would pay a flat fee for a certain number of registrations. If Council Lady Henley wishes to attend, there would be no additional charge beyond the registration fee. The City Manager will provide copies of his memorandum regarding this Forum. ITEM # 43656 Council Lady Parker referenced the Hampton Roads Soccer Complex and the status of the berm and parking lotproblem discussed duringthe City Council Session of June 2, 1998. Council Lady Parker advised one of the reasons she was late for the City Council Session was she stopped by the Complex on the way to City Hall. The earth mover is there and is digging out the ditch line. Council Lady Henley thought it was the intent of the City Council when this project was funded, it be accomplished quickly. She believed it was City Council's intent that the residents would have had some relief this season, but obviously that is not the case. June 9, 1998 -16- ITEM # 43657 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, June 9, 1998, 12:50P. M. Council Members Present: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., 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 Louisa M. Strayhorn Council Members Absent: None June 9, 1998 -17- ITEM # 43658 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). Boards and Commissions: Airport Authority Hampton Roads Planning District Commission Parks and Recreation Commission Personnel Board Social Services Board Tidewater Community College Board Tidewater Regional Group Home Commission Virginia Beach Towing Advisory Board 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). Benshoff, et al v. City of Virginia Beach Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11~0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., 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 Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 9, 1998 - 18- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL June 9, 1998 2:00 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, June 9, 1998, at 2:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., 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 Louisa M. Strayhorn Council Members Absent: None INVOCATION: Reverend Fritz Stegmann Open Door Chapel 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 apart of the record. June 9, 1998 Item V-E. - 19- CER TIFICA TI ON OF EXECUTIVE SESSION ITEM # 43659 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, ,Ir., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 9, 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 # 43658, Page 17, and in accordance with the provisions of Thc 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. l~uth H°dges S~ith, '~2MC/AAE City Clerk June 9,1998 - 20 - Item V-F.. MINUTES ITEM # 43660 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of June 2, 1998. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., 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 Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 9, 1998 - 21 - Item V-G. 1. ADOPT A GENDA FOR FORMAL SESSION ITEM # 43661 B Y CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION June 9, 1998 - 22 - Item V-G.2. PRESENTATION ITEM # 43662 Polly Pearce presented to the Mayor and Members of City Council: KIM SUZANNE McGANTY MISS VIRGINIA BEA CH NINA BOOTH MISS TIDEWATER Kim McGanty was an Advanced Placement Graduate of Green Run High School 1994, and a Member of the Junior Class of the College of William and Mary. Kim plans to complete her undergraduate studies at William and Mary with a Bachelor of Arts in Government. She wishes to earn her teacher's certification to teach government in the Virginia Beach schools Her platform entails: A focus on the protection our society provides its elderly members and the importance of involved, supportive families. Her great grandmother was recently moved into a nursing home. Nina Booth was an Honor graduate of Indian River High School in 1996. She is a Junior at Hampton University with a Mass Media Arts major with an emphasis on Broadcast Journalism. Her goal is to become an anchor woman on a major television network. Her platform is: One Voice for the Arts: promote the visual and performing arts through excellence in arts education, public support and positive legislation. June 9, 1998 Item V-H. - 23 - RESOL UTIONS/ORDINANCES ITEM # 43663 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED IN ONE MOTION, Resolutions/Ordinances 1, 3, 4, 5, 6, 7, 8 and 9 of the CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None Council Lady McClanan voted a VERBAL NAY on Item Hol. Item H. 5 was ADOPTED, AS AMENDED. June 9, 1998 - 24 - Item V-H. 1. RESOLUTIONS/ORDINANCES ITEM # 43664 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Resolution to authorize the Director of Public Utilities approve the plans and specifications for construction of the HRSD Lagomar Interceptor Force Main (Section B). Voting: 10-1 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William }V. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Reba S. McClanan Council Members Absent: None June 9, 1998 1 2 3 4 5 A RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC UTILITIES TO APPROVE THE PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF THE HRSD LAGOMAR INTERCEPTOR FORCE MAIN (SECTION B) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 WHEREAS, on August 5, 1997, the City of Virginia Beach entered into an agreement with the Hampton Roads Sanitation District (~HRSD") entitled "Interest Participation Agreement for the Construction of HRSD Lagomar Interceptor Force Main for the City of Virginia Beach" ("Agreement"); WHEREAS, Section IIB of the Agreement provides that ~before any construction work is begun under this AGREEMENT, [HRSD] will submit to and secure approval from the CITY (in writing) of final plans and specifications for the work by the Director of Public Utilities;" and WHEREAS, pursuant to Section IIB of the Agreement, HRSD has submitted final plans and specifications to the Director of Public Utilities who has reviewed them and found them to be acceptable. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Director of Public Utilities is hereby authorized to approve, on behalf of the City of Virginia Beach, the plans and specifications submitted by HRSD to the City for the construction of Section B of the HRSD Lagomar Interceptor Force Main. Virginia, on the 9 CA-7036 ORDIN\NONCODE\LAGOMAR.RES R-1 PREPARED: June 3, 1998 Adopted by the Council of the City of Virginia Beach, ~ED AS TO day of June, 1998. Ari ,',OVED ;,S TO LEGAL CITY ATTORNEY Item V-H. 2. - 25 - RES OL UTIONS/ORDINANCES ITEM # 43665 Brenda McCormick 417 16tn Street, Phone: 491-2887, expressed concerns Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Replacement of W. T. Cooke Elementary School: ADOPTED the Resolution re a $7,500,000 school construction loan to the Virginia Beach School Board from the Literary Fund of Virginia; and, City Council appropriate sufficient funds to meet this debt. b ADOPTED an Ordinance to authorize the City Manager to execute a deed conveying the City's interest in the school site to the Virginia Beach School Board. Voting: 11- 0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W.. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 9, 1998 A RESOLUTION APPROVING AN APPLICATION OF THE VIRGINIA BEACH SCHOOL BOARD TO THE LITERARY FUND OF VIRGINIA FOR A SCHOOL CONSTRUCTION LOAN IN THE AMOUNT OF $7,500,000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 established Project No. School; Budget; WHEREAS, in the 1997-98 Capital Improvement Program, City Council 1-202, to provide for the replacement of W.T. Cooke Elementary WHEREAS, funds for this replacement were appropriated in the FY98-99 Capital WHEREAS, Section 22.1-146 of the Code of Virginia authorizes the State Board of Education to make loans from the Literary Fund to local school boards for the purpose of erecting, altering, or enlarging school buildings; WHEREAS, any indebtedness owed by the Virginia Beach School Board to the Literary Fund is a valid and legally binding indebtedness of the City of Virginia Beach, Virginia, pursuant to Section 22.1-161 of the Code of Virginia; WHEREAS, Section 22.1-158 of the Code of Virginia requires that the City shall include in its tax levies and appropriate to its school board funds sufficient to meet the school board's debt service on any such loans; WHEREAS, officials of the Virginia Beach School Board have prepared an application addressed to the State Board of Education of Virginia for the purpose of borrowing from the Literary Fund $7,500,000 to assist with the costs of replacing W.T. Cooke Elementary School, to be paid in twenty (20) annual installments with the interest thereon at 3 percent paid annually, which loan will be in lieu of an equivalent amount of general obligation bonds previously authorized for the project; and WHEREAS, City Council desires to support this request and believes it to be appropriate. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA; 1. That the application to the State Board of Education for a loan of $7,500,000 from the Literary Fund to the Virginia Beach School Board is hereby approved. 2. That the City Council include in its tax levies and appropriate to the 23 24 25 Virginia Beach School Board funds sufficient to meet the School Board's debt service on this loan. This resolution shall be in effect fi.om the date of its adoption. Approved by the Council of the City of Virginia Beach, Virginia on this 9 day of June, 1998. CA-7029 ORDIN/NONCODE/COOKE.RES R-1 PREPARED: June 1, 1998 APPROVED AS TO CONTENT: Finance APPROVED AS TO LEGAL SUFFICIENCY: Department of Law- ~' '~ G:XDATA\ORD1N~ONCODE\COOKE.RES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A DEED CONVEYING THE CITY'S INTEREST IN THE COOKE ELEMENTARY SCHOOL SITE TO THE SCHOOL BOARD WHEREAS, based upon the title examination performed on the Cooke Elementary School Site in connection with the Literary Fund loan, it was determined that part of the School Site is owned by the City of Virginia Beach; all school property be vested in the agreement with the City to the contrary; WHEREAS, it is appropriate that of the School Site which are owned by the the School Board. WHEREAS, Virginia Code §22.1-125 requires that title to School Board absent an title to City be those portions transferred to NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute a deed conveying to the School Board those portions of the Cooke Elementary School Site owned by the City. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9 day of June , 1998. ca7029 .ord O: \DATA\ORDIN\NONCODE\CA7029. ORD PREPARED: May 29, 1998 APPROVED AS TO CONTENT SIGNATURE - DEPARTMENT APPROVED AS TO LEGAL No. APPLICATION FOR LOAN FROM THE LITERARY FUND OF VIRGINIA Name of School W. T. Cooke Name of County-City Virginia Beach To THE STATE BoAm~ oF EDUCATION, Richmond, Virg/nia: Gentlemen: The School Board for thel~[~ty-City of ua-~a_~_, ~-e-,,-,~ -~-.,~,,,,~--A~' hereby makes application for a loan of $ ?,500,000 from the Literary Fund of Virginia for the purpose of erecting, enlarging, or altering (making permanent improvement to) a school building located at 52/* - 15th St. , as follows: (Describe briefly) 1. The said building, addition, or permanent improvement described above, to be of Brick & ~te l~om]r (Type of construction, brick, frame, etc.) will be used as a K[emer~tar7 School building, and is estimated to cost $9,697,424 (Elem., H. $., Comb. Elem. & H.S.) 2. The total estimated value of the existing school plant, including site, plus the proposed building addition, or perma. nent improvement thereto, is $ 15.000.000 of $ 3. There is at present, a loan from the Literary Fund on this_ N/^ N/A in the amount (Building or school plant) 4. The total amount of the loan will not exceed the cost of the building, addition, or permanent improvement there- to, and site, on account of which such loan is made. 5. The site on which this 'building, addition, or permanent improvement, will be located contains tl~ ° 231 5. 231 acres, of which x/~ acres are well suited and useable, or can be easily improved and made useable, for playground and recreational purposes. 6. The plans and specifications for the building or improvement, complying with Minimum School Building Re- quirements, have been or will be approved by the division superintendent of schools and the Superintendent of Public Instruction before construction is begun. It is understood that the State Board of Education reserves the right to with- hold any part or all of the amount of this loan, if the plans and specifications approved by the Superintendent of Public Instruction are not followed. (1) 7. The proposed building, addition, or permanent improvement, is desirable because: (Explain briefly) The original building, which was constructed in 1906, along with several subsequent addit!on~ w~]] be tom down and replaced with a new t~-story facility. 8. The .present total indebtedness of the County-City for school buildings is $. 233,470,438 13 t 391t 546 is owed to the Literary Fund. , of which 9. This County-City has not defaulted or failed to meet its debt service obligations as and when due for the past five years except, as follows: N/A 10. Adequate and satisfactory supervision of construction will be provided by the school board in accordance wkh the provisions of "Minimum Requirements and Standards for School Buildings," Regul.ations State Board of Education. 11. The building or improvement for which this application for a loan is made is part of a long-range planning program in accordance with the provisions of "Minimum Requirements and Standards for School Buildings," Regulations State Board of Education, and is recommended in the study or survey made by (give title and date) N/A 12. This loan is to be made for 20 years, and is to be paid in 20 S to 20 5 to 20 the rate of ~ per centum per annum, payable annually. annual installments, with interest at .13. The Board of Supervisors for the County, or the Council for the City, has by resolution (page 3 of this application), agreed to provide for the repayment of this loan. 14. The School Board is not in default in the payment of any part of the principal of any previous loan from the Lit. erary Fund and, for at least two years immediately before this loan, has not been more than six months in default in the pay- ment of interest due on any loan from the Literary Fund. Given under my hand this the ~rd day of "3Ctr~_. , 19 q ~. ATTEST: THE SCHOOL BOARD OF V,'~9,'n,'~ 6eo. m3-~ COUNTY-CI~ , Clerk. SEAL (2) AT A MEETINO of the Board of Supervisors for the County of or the Council for the City of Virginia Beach , held in the said County or City on the day of , 19 : WHZR£AS, The School Board for the County of , or City of Virginia ~ --, on the __ day of , 19 , .presented to this Board or Council, an application addressed to the State Board of Education of Virginia for the purpose of borrowing from the Literary Fund $ 7,500,O00 for the new school building (or for adding to or improving the present school building) at W.T_ r.-xlto F.l~m~nt~vy.__, to be paid in 20 annual installments, and the interest thereon at Ii to 20 3 per cent paid annually. REsonv£D, That the application of the County or City School Board to the State Board of Education of Virginia for a loan of $. ?,500,000 from the Literary Fund is hereby approved, and authority is hereby granted the said County or City School Board to borrow the said amount for the purpose set out in said application. The Board of Supervisors for said County or Council of said City will each year during the life of this loan, at the time they fix the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for operation expenses and to pay this loan in annual installments and the interest thereon, as required by law regulating loans from the Literary Fund. I hereby certify that the foregoing is a true copy as taken from the minutes of the Board of Supervisors for the County of __ or the Council of the City of Virginia Beach ., Clerk SEAL BOARD OF SUPERVISORS FOR THE COUNTY OF COUNCIL FOR TIiE CITY OF Virginia Beach ($) ATTORNEY'S CERTIFICATE OF TITLE T. His is TO C~RluI*Y that I, . Michael __H._ Nuckol_~ , a qualified and competent attorney, P~ltlt~Jl~tdt of V-i rg-i n-i a Roao:h have examined*the title of the School Board or ~14~~ xa~ th,~ eft.,, of Virginia_ ~each ~t~a~x~ Virginia to that certain lot, parcel or tract of land re- ferred to in the attached application, and tha~t~he School Board ofthe Citv of Va. Beac~lor the ~11~~~ 0~ City of va... Beach , has a fee simple title to said land, and the same is free from encumbrances, except as noted in attached summary. *13he attached Status qf Title reporteS.~nd such other xnstruments__ as were aeemeo approprxat:e regarding Executed thi, day of ,/~ar~t ,19 98 **based upon such examination l~t~/~rx Assistant City Attorney City of Virginia Beach xlltt~)xatC,~k~ CERTIFICATE OF THE CLERK OF COURT 5. 231 or City of Vd.Beach WHEREAS, the school board d[ the ~'~-J~8[~i~l[~f( owns d__x/l~ acres of real estate in xxxxxxxxxxxxxxxxx~~xxxxxxxxxxxxx th~cityof ~9ini~ Be~ch ,Virginia, on which to erst the ~h~l building described in this application. The title deed to this nrone~v is recorded in the clerk's office for ~he City Of v~.Be~~xxxxxxxxxx~~xx~m*~~~xx~~~~ ~~xxxxxxx,~~~~~x~xxx~zzzxxx~ *See a~ached summary 0~. ~at ~e title to the rem estate h~ been ex~ined and approved in writing by the ~~x~~~ ~~ ciw-attorney or o~er competent attorney and his re~rt filed with the clerk of the court. Two. ~at ~e ce~ificate of the attorney ex~ining the title shows that the sch~l bo~rd or the governing body of ~he ~i~y o~ Va.Beach h~ a g~ and su~cient title in fee simple to the real estate subject to the (following) (no) encmbmce~ (note encumbrances, if ~y). *See a~ached ~ummary Glen under my h~d thi~ ~e d~y of ., nineteen hundred ~d ~. Clerk Circui~ coum of the City of Virginia Reach ~~W SEAL THIS APPLICATION has been reviewed and checked against "Minimum Requirements and Standards for School Buildings." Date Attorney's Certificate of title and this application approved this, the Associate Director of Energy & Facilities Services _ day of 19 Approved by the State Board of Education, Attorney General o! Virginia 19___ (4) For Secretary State Board o[ Education STATEMENT OF THE COUNTY OR CITY TREASURER 1. Assessed Value of Real and Personal Property, subject to taxation for county school purposes at date of this report. Real Estate .............................................................................................................................................................. .2./2_8./..9_.8. ................................ $19,075 · 942 · 205 Tangible Personal' Property ................................................................................................................... .2. ./. .2. .~. /_9. .8_ ............................... $ 322t863t460 Public Service Corporations ....................................................................................................................... ..2./..2....8./..9...8... ............................... $ 630 ~ 802 t 210 Total ............................................................................................................................................................................................................................ $20,029,607,875 2. Income of the County or City for school purposes for current fiscal year: County School Levy ................................................................................................................................................................................................. $ Cash Appropriations (local) ............................................................................................................................................................................ $ 214/260/859 District Levies $ 14,400 ~ 000 Total $ 228,660,859 3. Indebtedness of County or City (including districts) for school purposes at date of this report: Literary Fund Loans $ 13,391,546 Long-Term Bonds $ 220,078,892 Temporary Loans $ Total $. 233,470,438 4. Record of School Bonds Outstanding (not including Literary Fund Loans): Long-Term School Bonds: (See attached schedule) Date of Issue Maturity Rate of Interest Date of Issue Maturity __ Rate of Interest Date of Issue __ Maturity Rate of Interest 5. Payments for Indebtedness from school funds for current fiscal year: (Include those tobe paid before end of current year.) To Literary Fund of Virginia, including Interest $ 1,465,92~_ To Sinking Fund for Retirement of Long-Term School Bonds .................................................................................... $. Long-Term School Bonds paid, inc]uding Interest $ 30,5C~4t36~ Total $ 32 t 030 t 287 Temporary Loans Paid ....................................................................................................................................................................................... $. Total Indebtedness Paid ....................................................................................................................................................................... $. 32,030,287 I certify that the above is a true statement concerning the schoo~ds for Virginia Beach f°rtheyearl9 97 '19 98'acc°rdingt°therec°rds°fmY°ffice~~, Date ~ /2~ ~ for Virginia Beach I County or City --, Treasurer City (5) Item V-H.3. - 26- RESOL UTIONS/ORDINANCES ITEM # 43666 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinances to AMEND the City Code for elderly and disabled citizens by increasing income and net worth limits. a.. Section 28-6 re sewer line fee exemptions. b. Section 37-10 re water resource recovery fee exemptions. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William ~ Harrison, Jr., 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 Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 9, 1998 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO SEWER LINE FEE EXEMPTIONS FOR ELDERLY AND DISABLED CITIZENS BY INCREASING INCOME AND NET WORTH LIMITS SECTION AMENDED: Section 28-6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 28-6 of the City Code is hereby amended and reordained to read as follows: Sec. 28-6. ~r lln~ Sanitary sewer connection fee exemptions--For certain elderly and handicapped persons. (a) Exemption or partial exemption from payment of the linc sanitary sewer connection fees prescribed by section 28-4 is provided for certain property owners who qualify under this section. The exemption is to be administered by the city manager or his authorized designee, herein referred to as the administrator. The administrator is hereby authorized and empowered to prescribe, adopt and enforce such rules and regulations, including the requirement of answers under oath, as may be reasonably necessary to determine qualifications for exemption. The administrator may require the production of certified tax returns and appraisal reports to establish income and financial worth. (b) Exemptions shall be granted under this section subject to the following provisions: (1) Title to the property for which the iinc sanitary sewer connection fee exemption is sought must be held or partially held by the applicant at least one hundred twenty (120) days prior to the installation or scheduled date of installation, whichever comes first, of the public sewer system. 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 (2) (3) (4) The owner of the title or partial title must be sixty- five (65) years of age or older at least one hundred twenty (120) days prior to the installation or scheduled installation date, whichever comes first, of the public sewer system. If such person is under sixty-five (65) years of age, he or she shall possess a certification by the social security administration, the veterans administration, or the railroad retirement board, or if such person is not eligible for certification by any of these agencies, a sworn affidavit by two (2) medical doctors licensed commonwealth, to permanently and to practice medicine in the the effect that such person is totally disabled, as defined in subsection (f) of this section. The affidavit of at least one of such doctors shall be based upon a physical examination of such person by such doctor. The affidavit of one of such doctors may be based upon medical information contained in the records of the civil service commission which is relevant to the standards for determining permanent and total disability, as defined in subsection (f) of this section. Such medical affidavits shall be filed with the administrator at such time as the applicant files a sc~;cr linc sanitary sewer connection fee exemption affidavit. The dwelling to be connected to the public sewer system must be the sole dwelling of the applicant claiming exemption. The total combined income during the immediately preceding calendar year from all sources of the owners of 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 the dwelling living therein and of the owner's relatives living in the dwelling does not exceed twenty t%:o three thousand five hundred dollars (~,000.vv~ $23,500.00); provided that the first five thousand dollars ($5,000.00) of income of each relative, other than spouse or spouses of the owner or owners living in the dwelling shall not be included in such total; and provided further that the first seven thousand five hundred dollars ($7,500.00) or any portion thereof of income received by a permanently and totally disabled owner shall not be included in such total. (5) The net combined financial worth of the owner shall not exceed ......... eighty thousand dollars (~,~,~ 00 $80,000.00), excluding the fair market value of the house to be connected to the public sewer system. Net combined financial worth shall include the value of all assets, including equitable interests, of the owner and of the spouse of the owner. (c) Persons applying for linc sanitary sewer connection fee exemption under this section must file with the administrator a linc fee exemption affidavit setting forth, in a manner prescribed by the administrator, the location and value of the property to be connected to the public sewer, the names of the persons related to the owner and occupying the dwelling, their gross combined income and their net combined financial worth. If such applicant is under sixty-five (65) years of age, medical certification or affidavits, as set forth in subsection (b) (2) of this section shall also be filed with the administrator. 3 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 (d) Where the person claiming exemption conforms to the standards and does not exceed the limitations contained in this section, the linc sanitary sewer connection fee exemption shall be as shown in the following schedule: Total income, all sources (e) If, within twelve 00.00 - 15.000.00 15,000.01 - 17,000.00 17,000.01 - 19,000.00 19,000.01 - 21,000.00 21,000.01 - 23,500.00 (12) months after the Exemption 100% 8O% 6O% 4O% 20% ~-^ fee exemption is obtained under this section, the applicant's financial position should change, so that its effect would be to remove the person holding the exemption from within the limits and standards of this section, then the person holding the exemption shall refund the amount of the exemption to the city. (f) For purposes of this section, a person is permanently and totally disabled if he is so certified as required in subsection (b) (2) of this section and is found by the administrator to be unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment or deformity which can be expected to result in death or can be expected to last for the duration of such person's life. (g) Any person falsely claiming an exemption or violating any provision of this section shall be guilty of a Class 1 misdemeanor. 4 115 116 117 Adopted by the City Council of the City of Virginia Beach on this 9th day of June, 1998. 118 119 120 121 CA-7030 G:\DATA\ORDIN\PROPOSED\28-006.ORD R-1 June 1, 1998 APPROVED AS TO CONTENTS: Management Services Public Utilities APPROVED AS TO LEGAL SUFFICIENCY: Department of Law 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO WATER RESOURCE RECOVERY FEE EXEMPTIONS FOR ELDERLY OR DISABLED CITIZENS BY INCREASING INCOME AND NET WORTH LIMITS SECTION AMENDED: SECTION 37-10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 37-10 of the City Code is hereby amended and reordained to read as follows: Sec. 37-10. Recovery fee exemptions--For certain elderly and handicapped persons. (a) Exemption or partial exemption from payment of the recovery fees prescribed by section 37-7.1 is provided for certain property owners who qualify under this section. The exemption is to be administered by the city manager or his authorized designee, herein referred to as the administrator. The administrator is hereby authorized and empowered to prescribe, adopt and enforce such rules and regulations, including the requirement of answers under oath, as may be reasonably necessary to determine qualifications for exemption. The administrator may require the production of certified tax returns and appraisal reports to establish income and financial worth. (b) Exemptions shall be granted under this section subject to the following provisions: (1) Title to the property for which the recovery fee exemption is sought must be held or partially held by the applicant at least one hundred twenty (120) days prior to the installation, or scheduled date of installation, whichever comes first, of the water line. (2) The owner of the title or partial title must be sixty-five (65) years of age or older at least one hundred twenty (120) days prior to the installation or 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 (3) (4) scheduled installation date, whichever comes first, of the water line. If such person is under sixty-five (65) years of age, he or she shall possess a certification by the social security administration, the veterans administration, or the railroad retirement board, or if such person is not eligible for certification by any of these agencies, a sworn affidavit by two (2) medical doctors licensed to practice medicine in the commonwealth, to the effect that such person is permanently and totally disabled, as defined in subsection (f) of this section. The affidavit of at least one of such doctors shall be based upon a physical examination of such person by such doctor. The affidavit of one of such doctors may be based upon medical information contained in the records of the civil service commission which is relevant to the standards for determining permanent and total disability as defined in subsection (f) of this section. Such medical affidavits shall be filed with the administrator at such time as the applicant files a water line fee exemption affidavit. The dwelling to be connected to the water line must be the sole dwelling of the applicant claiming exemption. The total combined income during the immediately preceding calendar year from all sources of the owners of the dwelling living therein and of the owner's relatives living in the dwelling does not exceed twenty two three thousand five hundred dollars,~,~ O~vv.o0 $23,500.00); provided that the first five thousand dollars ($5,000.00) of income of each relative, other than spouse or spouses 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 of the owner or owners livin9 in the dwelling, shall not be included in such total; and provided further that the first seven thousand five hundred dollars ($7,500.00) or any portion thereof of income received by a permanently and totally disabled owner shall not be included in such total. (5) The net combined financial worth of the owner shall not exceed ......... eighty thousand dollars (¥,0,~ 00 $80.000.00), excluding the fair market value of the house to be connected to the water line. Net combined financial worth shall include the value of all assets, including equitable interests, of the owner and of the spouse of the owner. (c) Persons applying for recovery fee exemption under this section must file with the administrator a recovery fee exemption affidavit, setting forth, in a manner prescribed by the administrator, the location and value of the property to be connected to the water line, the names of the persons related to the owner and occupying the dwelling, their gross combined income and their net combined financial worth. If such applicant is under sixty-five (65) years of age, medical certification or affidavits, as set forth in subsection (b) (2) of this section, shall also be filed with the administrator. (d) Where the person claiming exemption conforms to the standards and does not exceed the limitations contained in this section, the recovery fee exemption shall be as shown in the following schedule: 3 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 Total income, all sources 20,000.01 $ 00.00 - 15,000.00 15.000.01 - 17.000.00 80% 17,000.01 - 19,000.00 60% 19,000.01 - 21.000.00 40% 21,000.01 - 23,500.00 20% Exemption 100% (e) If, within twelve (12) months after the recovery fee exemption is obtained under this section, the applicant's financial position should change so that its effect would be to remove the person holding the exemption from within the limits and standards of this section, then the person holding the exemption shall refund the amount of the exemption to the city. (f) For purposes of this section, a person is permanently and totally disabled if he is so certified as required in subsection (b) (2) of this section and is found by the administrator to be unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment or deformity which can be expected to result in death or can be expected to last for the duration of such person's life. (g) Any person falsely claiming an exemption or violating any provision of this section shall be guilty of a Class 1 misdemeanor. Adopted by the City Council of the City of Virginia Beach on this 9th day of June, 1998. CA-7031 DATA/ORDIN/PROPOSED/37-010.ORD Ri PREPARED: 06/01/98 APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICIENCY: Management Services Department of Law Public Utilities 4 Item V-H. 4. -27- RESOL UTIONS/ORDINANCES ITEM # 43667 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance to authorize acquisition of property in fee simple re construction of Capital Project #5-142 Chloramine Feed Facilities, Lynnhaven Pump Station, including temporary and permanent easements by agreement or condemnation (L YNNHA VEN BOROUGH). Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba $. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa 34. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 9, 1998 AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY, OR INTERESTS THEREIN, IN ASSOCIATION WITH THE CONSTRUCTION OF CAPITAL PROJECT #5-142 CHLORAMINE FEED FACILITIES, LYNNHAVEN PUMP STATION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 WHEREAS, Capital Project #5-142 Chloramine Feed Facilities, Lynnhaven Pump Station is included in the FY 1997-98 through FY 2002-03 Capital Improvement Program, and funds were appropriated for this project in the FY 1997-98 Capital Budget; WHEREAS, construction of this project is part of the City's ongoing Water Quality Program; WHEREAS, in the opinion of City Council, a public necessity exists for the City to move forward with this important project for public purposes and for the preservation of the safety, health, peace, good order, comfort, convenience, and welfare of the citizens of the City; and WHEREAS, before the project can be constructed, it is necessary to acquire certain real property or interests therein, including temporary and permanent easements. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Manager is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owner(s) of, or person(s) having an interest in, all that certain real property, including temporary and permanent easements, as shown on 30 31 32 33 34 35 36 37 38 the project area map entitled ~Chloramine Feed Facilities, Lynnhaven P.S., C.I.P. 5-142," a copy of which is attached hereto as Exhibit A; and 2. That if any such offer is refused, the City Attorney is hereby authorized to institute proceedings to condemn said property or interests therein in accordance with Section 15.2-1901 et seq. of the Code of Virginia (1950), as amended. Adopted by the Council of the City of Virginia Beach, 9 June Virginia, on the day of , 1998. 39 40 41 42 43 44 45 46 47 48 49 5O CA-7020 ORDIN\NONCODE~WATERPROJECT.ORD R-1 PREPARED: May 28, 1998 APPROVED AS TO CONTENT: ~/Real Estate APPROVED AS TO LEGAL SUFFICIENCY: City Attorney Exhibit A / / CHLORAMINE FEED FACILITIES LYNNHAVEN P.S. C.I.P. 5-142 $C, AL~.' DA TE: 05/OlY~&~ ~'IL£' Item V-H. 5. - 28- RESOLUTIONS/ORDINANCES ITEM # 43668 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, AMENDED* City Council ADOPTED, AS Ordinance to AMEND the FY 1997-1998 Capital Budget by establishing Capital Project #9-010 Virginia Marine Science Museum Phase III Master Plan; APPROPRIATE $100, O00 from the General Fund Balance to their Capital Project re developing a master plan for the Virginia Marine Science Museum; and, estimated revenue in the FY 1997-1998 Capital Budget be increased accordingly to reflect the use of the General Fund Balance. *The following verbiage shall be DELETED after the "WHEREAS" in the second paragraph: ".. the emergence of new regional initiatives to fund major capital projects and.." Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 9, 1998 1 2 3 4 5 6 7 8 9 AN ORDINANCE TO AMEND THE FY 1997-98 CAPITAL BUDGET BY ESTABLISHING CAPITAL PROJECT #9-010 MARINE SCIENCE MUSEUM PHASE III MASTER PLAN, FOR THE PURPOSE OF EVALUATING THE FUTURE POTENTIAL FOR EXPANDING THE VIRGINIA MARINE SCIENCE MUSEUM, AND APPROPRIATING $100,000 FROM THE GENEP~AL FUND BALANCE TO THIS PROJECT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 WHEREAS, the Virginia Marine Science Museum has been and continues to be a highly successful operation for the City; WHEREAS, the potential for properties around the Museum to change ownership may present the City with opportunities for further development of the Marine Science Museum as a world class tourist attraction and regional environmental asset; WHEREAS, the Virginia Marine Science Museum would benefit from the development of a master plan for future expansion possibilities; and WHEREAS, funding is available from the General Fund Balance to pay for an evaluative study of possible expansion of the Museum. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the FY 1997-98 Capital Budget is hereby amended by the establishment of Capital Project #9-010 Marine Science Museum Phase III Master Plan; 2. That funds in the amount of $100,000 are hereby appropriated from the General Fund Balance to Capital Project #9- 010 for the purpose of developing a master plan for the Virginia Marine Science Museum; and 3. That estimated revenue in the FY 1997-98 Capital Budget is hereby increased in the amount of $100,000 to reflect the use of the General Fund Balance for this project. 34 35 36 37 An affirmative vote by a majority of members of City Council is required. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9 day of June , 1998. 38 39 4O 41 CA-6960 G:\DATA\ORDIN\NONCODE\EXPANSIO.ORD JUNE 9, 1998 R3 A~proved as to Legal Sufficiency G: \DATA\ORDIN\NONCODE\EXPANS I O. ORD 2 - 29- Item V-H. 6. RES OL UTIONS/ORD INANCES ITEM # 43669 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance to APPROPRIATE a $37,161 Grant from the Southeastern Virginia Job Training Administration (SVJTA) to the Department of Housing and Neighborhood Preservation FY1997-1998 Operating Budget re staffing and travel expenses for the Care Youth Leadership Camp; and, estimated revenue from the Commonwealth of Virginia be increased accordingly. 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III,, William W. Harrison, Jr., 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 Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June ~ 1998 Item V-H. 7. - 30- RES O L UTI ONS/ORD INAN CES ITEM # 43670 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the City's 300' wide drainage easement known as Canal No. 2 by Stihl, Inc. re constructing and maintaining a parking addition adjacent to the existing parking lot at the rear of 536 Viking Drive (PRINCESS ANNE BOROUGH). The following conditions shah be required: 6. The applicant agrees that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location. The temporary encroachment herein authorized shah terminate upon notice by the City of Virginia Beach, and that within thirty (30) days afier such notice is given, the temporary encroachment shah be removed from the City's 300' wide drainage easement known as Canal No. 2 by the applicant who will bear all costs and expenses of such removal. The applicants will indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against aH claims, damages, losses and expenses including reasonable attorney's fees in case it shah be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. Nothing herein contained shah be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. The applicant agrees to maintain said temporary encroachment so as not to become unsightly or a hazard. The applicant shah obtain a permit from the Development Services Center prior to commencing any construction within the City's right-of-way. Prior to the issuance of a right-of-way permit, the applicant must post a Performance Bond or other form of surety approved by the Department of Planning in accordance with the engineers cost estimate. A right-of-way permit is required prior to beginning construction with proof of general comprehensive form liability ($500, 000 minimum). June 9, 1998 - 31 - Item V-H. 7. RESOL UTIONS/ORDINANCES ITEM # 43670 (Continued) 7. The City of Virginia Beach, upon revocation of such authority and permission so granted, may remove any such temporary encroachment and charge the cost thereof to the applicants and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicants to remove such temporary encroachment; and pending such removal, the City may charge the applicants compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what wouM be the real property tax upon the land so occupied if it were owned by the applicants; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100. 00) per day for each and every day that such temporary encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, IlL William V~. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Naney K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 9, 1998 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 AN ORDINANCE TO ACCEPT A GRANT OF $37,161 FROM THE SOUTHEASTERN VIRGINIA JOB TRAINING ADMINISTRATION AND APPROPRIATE THESE FUNDS TO THE FY 1997-98 OPERATING BUDGET OF THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION FOR THE PURPOSE OF PROVIDING STAFFING AND TRAVEL EXPENSES FOR THE CARE YOUTH LEADERSHIP CAMP WHEREAS, the City and the School Administration jointly operate the CARE Youth Leadership Camp, which receives annual funding from the Southeastern Virginia Job Training Administration for peer counselors, teachers, bus drivers, and related travel expenses necessary for the camp; and WHEREAS, the City has received funding in the amount of $37,161 directly from the Southeastern Virginia Job Training Administration for the operation of the CARE Youth Leadership Camp. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $37,161 in grant funds be accepted from the Southeastern Virginia Job Training Administration and appropriated to the FY 1997-98 Operating Budget of the Department of Housing and Neighborhood Preservation for the purpose of operating the CARE Youth Leadership Camp; and 2. That estimated revenue from the Commonwealth of Virginia in the FY 1997-98 Operating Budget be increased by $37,161. Requires an affirmative vote by a majority of all City Council members. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of June, 1998. CA-7027 ORDIN\NONCODE\CARE.ORD R-4 JUNE 3, 1998 36 APPROVED AS TO CONTENT: 37 39 Management APPROVED AS TO LEGAL SU,FFICIENCY: Law Department 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACH~ENTS INTO A PORTION OF THE CITY'S 300' WIDE DRAINAGE EASEMENT KNOWN AS CANAL NO. 2 BY STIHL, INC., ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Stihl, Inc., desires to construct and maintain a parking lot addition into an existing 300' wide City drainage easement known as Canal No. 2; and WHEREAS, City Council is authorized pursuant to ~ 15.2- 2107 and 15.2-2009, Code of Virginia, 1950, as amended, to authorize a temporary encroachment upon the City's right-of-way subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in ~ 15.2-2107 and 15.2-2009, Code of Virginia, 1950, as amended STIHL, INC., its heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment for a parking lot addition in the City's 300' drainage easement known as Canal No. 2 as shown on the map entitled: "STIHL, INC. PARKING ADDITION PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA DATE: 02- 26-98 SCALE:N.T.S.," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachment is expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and STIHL, INC., (the "Agreement") which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement. 35 36 37 38 39 4O BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as PETER K. MUELLER, President of STIHL, INC. and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, 9 June Virginia, on the day of , 1998. 41 42 43 44 AGENT=JCL PWALDO \ LAWS ON\ S T IHL. ORD R-1 PREPARED: 5-1- 98 ~ AS TO CONTENTS DEPARTMENT APPROVED AS TO LEGAL ~ -- ~ITY ATTbRI~EY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(a) (3) AND 58.1-811(c) (4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this ZZm~ day of .~r'l 19 ~ , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, GP~tNTOR, party of the first part, and STIHL, INC., a Virginia Corporation, THEIR HEIRS, ASSIGNS kND SUCCESSORS IN TITLE, GRANTEE, party of the second part. WI TNE $ $ ET H: That, WHEREAS, it is proposed by the party of the second part to construct and maintain a parking addition adjacent to the existing parking lot at the rear of 536 Viking Drive in the City of Virginia Beach; and WHERE~S, in constructing and maintaining such proposed parking lot, it is necessary that the said party of the second part encroach into a portion of an existing City 300' drainage easement, and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such proposed parking addition within a portion of the City's drainage easement. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruin9 or to accrue to the party of the second part and for the further consideration of One Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's drainage easement for the purpose of constructing and maintaining such proposed parking addition. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of encroachment into a portion of the City's 300' drainage easement known as Canal No. 2 as shown on that certain plat entitled: "STIHL, INC. PARKING ADDITION," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's 300' drainage easement by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. It is further expressly understood and agreed that the party of the second part must obtain a permit from the Development Services Center prior to commencing any construction within the City's right-of-way. It is further expressly understood and agreed that prior to issuance of a right of way permit, the party of the second part must post a Performance Bond and or other form of surety approved by the Department of Planning in accordance with the engineers cost estimate. 3 It is further expressly understood and agreed that a right-of-way permit is required prior to beginning construction with proof of a general comprehensive form liability ($500,000 minimum). Information may be obtained from the Department of Planning, DeveLopment Services Center. It is further expressly understood and agreed that the owner agrees to keep the City free and harmless from liability as a result of the encroachment. It is further expressly understood and agreed that the owner agrees to remove the encroachment within a reasonable amount of time as directed by the City and at no expense to the City. If, in the event, the owner refused or is unable to remove the encroachment, the owner understands the City will authorize the removal of the encroachment and all expenses will be charged to the owner to recover the cost of the encroachment removal. It is further expressly understood and agreed that the owner shall maintain the encroachment to prevent it from becoming unsightly or a hazard. It is further expressly understood and agreed that the party of the first part, permission so granted, upon revocation of such authority and may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. (SEAL) ATTEST: City Clerk APPROVED AS TO LEGAL SUrFK.h:_i~CY CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager STIHL, INCOR~~N 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER, whose name is signed to the foregoing Agreement bearing date on the day of , 19 , has acknowledged the same before me in my City and State aforesaid. GIVEN under ~y hand this day of , 19 . My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the day of , 19 , has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of , 19 . My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, ~~ ~O~Q~(~ , a Notary Public in and for the City and State aforesaid, do hereby certify that ~r ~~' , whose name is signed to the foregoing writing, bearing date the ~2~ day of ~~ , 19~, has acknowledged the same before me in my City and State aforesaid. Given under my hand this ~ day of · My Commission Expires: Notary Public gl; Zool 7 LOCATION MAP SCALE: 1" = 3,200' DRAIN. EA$ ......... ~- - - - ~-~,, ~ ~ \ ......... - ......... ~ ~ ~ ~ \ LOCATIONMAP,, FOR ', LOT ENCROACHMENT INTO '~OR APARKINGByL,OT\ STIHL, IN,C:. SCALE: 1" = 100' Filename: can~2~sn It~I PARKING ADDITION CANAL NO. 2 ADDITION PREPARED BY P/W ENG. DRAFT. 28-MAY-1998 - 32 - Item V-H. 8. RESOL UTIONS/ORDINANCES ITEM # 43671 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinances re annual compensation for City Council Appointees: a. City Manager b. City Attorney c. City Real Estate Assessor d. City Clerk (4.5% = $136,939.00) (4.5% = $114,662.00) (4.5% = $ 75,349.00) (4.5% = $ 62,Z45.00) (To be effective on the anniversary date of each Appointee) Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 9, 1998 1 2 3 AN ORDINANCE PERTAINING TO THE COMPENSATION OF THE CITY MANAGER 8 9 10 11 12 13 14 15 16 17 18 WHEREAS, City Council has evaluated the performance of the City Manager; and WHEREAS, based upon this evaluation, City Council has determined that an increase in the City Manager's compensation would be appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That effective December 1, 1998, the salary of the City Manager is hereby increased by four and one-half percent (4.5%) from $131,043.00 annually to $136,939.00 annually, and that, effective July 1, 1998, the City's contribution to the City Manager's deferred compensation plan is hereby increased from $7,500 annually to $8,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9 day of June , 1998. 19 20 21 22 CA-7038 ORDIN\NONCODE\SALARY.JKS R-1 PREPARED: 6/3/98 1 2 3 AN ORDINANCE PERTAINING TO THE COMPENSATION OF THE CITY ATTORNEY 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 WHEREAS, City Council has evaluated the performance of the City Attorney; and WHEREAS, based upon this evaluation, City Council has determined that an increase in the City Attorney's compensation would be appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That effective November 1, 1998, the salary of the City Attorney is hereby increased by four and one-half percent (4.5%) from $109,725.00 annually to $114,662.00 annually, and that, effective July 1, 1998, the City's contribution to the City Attorney's deferred compensation plan is hereby increased from $5,000 annually to $8,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9 day of June , 1998. 19 20 21 22 CA-7039 ORD I N\NONCODE \ SALARY. LLL R-2 June 4, 1998 1 2 3 4 AN ORDINANCE PERTAINING TO THE COMPENSATION OF THE CITY REAL ESTATE ASSESSOR 9 10 11 12 13 14 15 16 WHEREAS, City Council has evaluated the performance of the City Real Estate Assessor; and WHEREAS, based upon this evaluation, City Council has determined that an increase in the City Real Estate Assessor's compensation would be appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That effective March 1, 1999, the salary of the City Real Estate Assessor is hereby increased by four and one-half percent (4.5%) from $72,105.00 annually to $75,349.00 annually. Adopted by the Council of the City of Virginia Beach, 9 Virginia, on the day of June , 1998. 17 18 19 20 CA-7040 ORDIN\NONCODE\SALARY.JB R-1 June 3, 1998 1 2 AN ORDINANCE PERTAINING TO THE COMPENSATION OF THE CITY CLERK 7 8 9 10 11 12 13 14 WHEREAS, City Council has evaluated the performance of the City Clerk; and WHEREAS, based upon this evaluation, City Council has determined that an increase in the City Clerk's compensation would be appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That effective November 16, 1998, the salary of the City Clerk is hereby increased by four and one-half percent (4.5%) from $59,565.00 annually to $62,245.00 annually. Adopted by the Council of the City of Virginia Beach, 9 June Virginia, on the day of , 1998. 15 16 17 18 CA-7041 ORDIN\NONCODE\SALARY.RHS R-1 June 3, 1998 - 33 - Item V-H. 9. RESOL UTIONS/ORDINANCES ITEM # 4;672 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED: License Refunds - $2,149.59. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., 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 Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 9, 1998 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 AMF Bowling Canters Inc. 1998 5/13/98 404.68 404.68 ASA Architects PC 1997 Audit 78.82 7.65 86.47 Bo Of Tidewater Inc. 1998 5/01/98 99.27 99.27 Breeden & Silver Dist Corp. 1998 4/30/98 94.80 94.8~ Bristol Mechanical Inc. 1996-1998 Audit 16.99 9.43 26.42 Byrd, E.L. 1996-1997 Audit 21.43 3.10 24.53 Chanda, Patricia A. 1998 5/01/98 12.00 12.00 Cherry Hill Photo Enterp Inc. 1997-1998 Audit 10.00 0.05 10.05 Cox, Catherine C. 1998 4/28/98 86.24 86.24 Creative Displays Inc. 1996-1998 Audit 103.67 103.67 Eaton, Brian A. 1998 3/17/98 10.00 10.00 Feeney, Peter D. 1995-1996 Audit 30.81 5.87 36.68 Gohr, Joan A. 1998 4/28/98 17.00 17.00 Haberdash Construction Inc. 1998 5/01/98 73.99 73.99 Hoover, Linda K. 1996-1998 Audit 34.03 34.03 John Baggio & Associates Inc. 1998 3/17/98 10.00 10.00 Kat Carpentry Inc. 1998 3/17/98 10.00 10.00 King, Lester J. III 1998 5/01/98 13.77 13.77 Lewis Builders Inc. 1998 3/16/98 10.00 10.00 Mapes, Christina L. 1998 3/13/98 10.00 10.00 Milcom Systems Corp. 1998 5/01/98 342.94 342.94 Shaw, Richard & Laverne 1998 5/01/98 11.67 11.67 Sigma Concrete Construction Corp. 1998 3/14/98 10.00 10.00 Supreme Cuisine Inc. 1996-1997 Audit 43.21 6.36 49.57 Thermo Trol Corp. of Tdwtr. 1996-1997 Audit 130.37 12.07 142.44 VA Beach Plastic Surgery Center 1998 4/20/98 401.37 401.37 Wareings Gym Inc. 1998 5/08/98 18.00 18.00 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $2,149.59 City of Virginia Beach on the 9 /"~Philip ,~. Kellam - ~ Commissioner of the Revenue Approved as to form: were approved by the Council of the day of June ,19 98 Ruth Hodges Smith City Clerk Item V-I. PUBLIC HEARING PLANNING - 34- ITEM # 43673 Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1. GEORGE F. DARDEN SUBDIVISION VARIANCE 2. TODD WALTER/BAITA DEVELOPMENT CO., LLC SUBDIVISION VARIANCE 3. DMR HOLDINGS, LLC CONDITIONAL USE PERMIT 4. PAXSON COMMUNICATIONS CORPORA TION CONDITIONAL USE PERMIT 5. SPRINT, PCS CONDITIONAL USE PERMITS 6. WES TMINS TER-CANTERB UR Y O F HAMPTON ROADS, INC. CONDITIONAL USE PERMIT 7. DALA CORPORATION, A VIRGINIA CORPORATION CONDITIONAL USE PERMIT 8. RACETRAC PETROLEUM, INC. CHANGE OF ZONING AND CONDITIONAL USE PERMIT 9. MICHAEL D. SIFEN, INC., A VIRGINIA CORPORATION CONDITIONAL CHANGE OF ZONING June 9, 1998 Item V-I. PUBLIC HEARING - 35- PLANNING ITEM # 45674 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in one motion Items 1, 2, 3, 4, 5 and 7of the PLANNING BY CONSENT. Item L 7. was DEFERRED, BY CONSENT, until the City Council Session of August 11, 1998. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William ~ Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndor~, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay.- None Council Members Absent: None Council Lady McClanan VOTED A VERBAL NAY on Item L2. (Waiter/Baita Developmen0 June 9, 1998 Item V-I. 1. PUBLIC HEARING - 36- PL4NNING ITEM # 45675 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED application of GEORGE F. DARDEN, JR. (Hartley Property)for a Variance to Section 4.4(b) of the Subdivision Variance which requires that all lots created by subdivision meet all of the requirements of the City Zoning Ordinance: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for George F. Darden, Jr., Property is located at 2784 Seaboard Road. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. No further subdivision of the subject site shall be permitted. 2. The applicant shall submit a final plat to the Development Services Center for review, approval and recordation. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., 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 Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 9, 1998 -37- Item V-I.2. PUBLIC HEARING PLANNING ITEM # 43676 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED Ordinance upon application of TODD WAL TER/BAITA DEVELOPMENT CO., LLC for a Variance to Section 4.4(a) of the Subdivision Ordinance to subdivide an existing commercial parcel. (Ruby Tuesday's will be located on the parcel across from Target.) Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Mr. Todd Walter/Baita Development Co., LLC. Property is located on Parcel C-2F, Princess Anne Marketplace. KEMPSVILLE BOROUGH. The following conditions shall be required: The proposed structures on both Parcel C-2H and Parcel C-2G shall be of an architectural design that complements the existing Target Department Store. The exteriors of the proposed structures shall consist of brick, or a significant use of brick detailing in conjunction with matched splitface brick. Architectural elevations shall be submitted to the Planning Director for review and approval prior to site plan approval for both Parcel C-2H and Parcel C-2G. Parcel C-2H shall adhere to the landscape requirements in the Site Plan Ordinance, Section 5A, for commercial sites as if the parcel had frontage on a right-of-way. Street frontage, interior coverage and foundation screening requirements shall be met. Voting: 10-1 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Reba S. McClanan Council Members Absent: None June 9, 1998 - 38- Item V-L3. PUBLIC HEARING PLANNING ITEM # 43677 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of DMR HOLDINGS, LLC for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF DMR HOLDINGS, LLC. FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOTIVE REPAIR GARAGE (classic auto restoration) R06982193 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of DMR Holdings, LLC, for a Conditional Use Perm#for an automotive repair garage (classic auto restoration) on the north side of Princess Anne Road, east of Arrowhead Drive. Said parcel is located at 5716 Princess Anne Road and contains.286 acres. KEMPSVILLE BOROUGH. The following conditions shall be require& 1. AH repair work will be performed within the building. 2. AH repaired vehicles and vehicles to be repaired must be stored inside the building. 3. No vehicles shah be displayed or sold from this site. 4. The building exterior walls will be painted with neutral colors. A written agreement shah be obtained from Norfolk and Southern Railroad for a fence encroachment. An eight-foot privacy fence must be installed along the rear property line where the property is parallel to the railroad and Southern Boulevard. This Ordinance shah 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 Ninth of June, Nineteen Hundred and Ninety-Eight. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., 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 Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 9, 1998 Item V=L4. PUBLIC HEARING - 39- PLANNING ITEM # 43678 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of PAXSON COMMUNICATIONS CORPORATION for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF PAXSON COMMUNICATIONS CORPORA TION FOR A CONDITIONAL USE PERMITFOR A COMMUNICATIONS TO WER R06982194 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Paxson Communications Corporation for a Conditional Use Permit for a communications tower on the east side of Clearfield Avenue beginning at a point 200feet more or less north of Cleveland Street. Said parcel is located at 230 Clearfield Avenue and contains 15.106 acres. BAYSIDE BOROUGH. The following conditions shah be required: 1. Future joint use for primary and secondary tower users must be accommodated on this tower at reasonable terms. 2. In the event that the tower is inactive for a period of two years, it must be removed at the applicant's expense. This Ordinance shah 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 Ninth of June, Nineteen Hundred and Ninety-Eight. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., 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 Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 9, 1998 Item V-I. 5.afo/c PUBLIC HEARING - 40- PLANNING ITEM # 45679 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinances upon application of SPRINT, PCS for Conditional Use Permits for a communications tower, monopole communications tower and telecommunication antennas: ORDINANCE UPON APPLICATION OF SPRINT, PCS FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATION TOWER R06982195 BE IT HEREB Y ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Sprint, PCS for a Communication tower on the west side of Lawson Road at its intersection with Independence Boulevard. Said parcel is located at 170 7 Lawson Road and contains 25,958 square feet. BA YSIDE BOROUGH. The following conditions shall be required: 6. Future joint use for primary and secondary tower users must be accommodated on this tower at reasonable terms. The proposed tower must be designed and constructed in similar fashion as the existing monopole structure, including the coloration and lighting of the tower. However, no additional strobe lighting shall be permitted without written verification from the F.A.A. that the lighting is required for safety purposes. In the event that the tower is inactive for a period of two years, it must be removed at the applicant's expense. The plant species shown on the submitted plan must be changed to a more appropriate plant material to screen the tower compound. It is recommended that the applicant consider Wax Myrtles or Red Tip Photinas. In addition to the landscaping planned around the tower compound, the applicant must also install a planting bed lO feet in width, along the entire frontage of the site as it adjoins Lawson Road (except at the two approved entrances). Leyland Cypress trees, 6-8feet in height at planting, shah be planted 20feet on center within the bed. The project will be developed substantially in keeping with the site plan entitled "Sprint PCS Comprehensive Site Plan, Starling Farm "datedMarch 23,1998, and revised March 30, 1998. (The plan must be modified to depict the additional landscaping required by Condition g4 above). No additional uses shall be permitted on the site without reconsideration by City Council. AND, June 9, 1998 Item V-I.$.ofo/c PUBLIC HEARING - 41 - PLANNING ITEM # 43679 (Continued) ORDINANCE UPON APPLICATION OF SPRINT, PCS FOR A CONDITIONAL USE PERMIT FOR A MONOPOLE COMMUNICATIONS TOWER R06982196 BE IT HEREBY ORDAINED B Y THE CO UNCIL OF THE CITY OF VIRGINIA BEA CH, VIRGINIA Ordinance upon application of Sprint, PCS for a Conditional Use Permit for a monopole communications tower located on the west side of Sandbridge Road, northeast of Colchester Road Property is bounded on the east by Sandbridge Road and on the west by Hells Point Creek. Said parcel contains 73.8 acres. PRINCESS ANNE BORO UGH. The following conditions shall be required: The proposed tower must be developed as presented to the Planning Commission and City Council, as a monopole structure, not to exceed 180feet in overall height. The tower may not be painted Lighting of the tower must be the standard lighting requirement outlined in F.A.A. guidelines for towers of l 8O feet in height or lower. If due to FAA or other state or federal guidelines, painting or modified lighting is required, the maximum height of the tower shall be limited to a lesser height that would not require additional lighting or painting. No trees shall be removed within the portion of the leased area that lies outside the chain link fence as depicted on the site plan submitted with this conditional use permit application entitled "Preliminary Site Plan, Sandbridge, for Sprint PCS" dated 4-1- 98. 4. In the event that the tower is inactive for a period of two years, it must be removed at the applicant's expense. AND, ORDINANCE UPON APPLICATION OF SPRINT, PCS FOR A CONDITIONAL USE PERMIT FOR TELE COMMUNICATIONS ANTENNAS R06982197 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Sprint, PCS for a Conditional Use Permit for telecommunications antennas on the north side of Holland Road, east of Dam Neck Road Said parcel is located at 3040 Holland Road and contains 17.632 acres. PRINCESS ANNE BORO UGH. June 9, 1998 Item V-I.$.a~o/c - 42 - PUBLIC HEARING PLANNING ITEM # 43680 (Continued) The following condition shall be required: The project will be developed substantially in keeping with the site plan entitled "Sprint PCS Comprehensive Site Plan, Starling Farm" dated March 23, 1998, and revisedMarch 30, 1998. These Ordinances 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 Ninth of June, Nineteen Hundred and Nine~_ -Eight. Voting: I1-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III,, William W.. Harrison, Jr., 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 Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 9, 1998 Item V-L6. - 43 - PUBLIC HEARING PL/INNING ITEM # 43681 .The following registered in SUPPORT: Attorney R. ,f. Nutter, 4425 Corporation Lane, Phone: 528-3214, represented the applicant Charles ,4. Taylor, 436 Lineberry Road, Phone: 486-2 772, represented Mayor's Committee for the Aging Everett G. Johnesee, 3288 Page Avenue, Phone: 496-0468, Bill Buono, 3109 Lynnhaven Drive, Phone: 481-1740, Chairman of the Great Neck Association of Civic Leagues, represented the Board of Directors - Lynnhaven Colony Civic League, distributed a copy of correspondence from William Schelling, President - Lynnhaven Colony Civic League. Said letter is hereby made apart of the record. The following registered in OPPOSITION: Benjamin E. Joyce, 2308-204 Beach Haven Drive, Phon: 481-5182, represented the citizens of Shore Drive William Balzer, 2312-304 Beach Haven Drive, Phone: 496-1997, represented the Lynnhaven Beach Condo Association Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED Ordinance upon application of WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC., for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF WESTMINSTER- CANTERBURY OF HAMPTON ROADS, INC. FOR A CONDITIONAL USE PERMIT R06982198 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Westminster-Canterbury of Hampton Roads, Inc., for a Conditional Use Permit for a home for the aged, disabled or handicapped (extension) at the northwest corner of Shore Drive and Starfish Road. Said parcel is located at 3100 Shore Drive and contains 12.639 acres. L YNNHA VEN B OR O UGH. The following conditions shall be required: The conditional use permit is approved for the addition of a four- level parking structure, 164 independent living units and minor revisions to the existing structure, as depicted on the submitted site plan. Development shall substantially conform to the site plan prepared by SFCS Architects and on file with the Department of Planning. Prior to final site plan approval, more detailed architectural renderings, elevations, and material and color samples shall be submitted for review and approval by the Planning Director or designee, to ensure compatibility with the existing senior housing facility and the surrounding area. June 9, 1998 Item V-L 6. - 44 - PUBLIC HEARING PLANNING ITEM # 43681 (Continued) The applicant shall be responsible for any access improvements deemed necessary by City Traffic Engineers, upon completion of the review of the submitted traffic impact study. Revisions to the depicted infiltration system configuration(s) may be required in conjunction with final site plan review. The parking structure design shall include walls at each level of sufficient height to screen automobile headlights, to prevent glare onto adjacent properties. 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 Ninth of June, Nineteen Hundred and Ninety-Eight. Voting: 9-0 Council Members Voting Aye: John A. Baum, 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 Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: Linwood O. Branch, III and William W. Harrison, Jr. Council Members Absent: None Councilman Branch ABSTAINED as he has family members who are reside at Westminster-Canterbury Councilman Harrison ABSTAINED as his law firm represents the applicant. June 9, 1998 Item V-I. 7. PUBLIC HEARING - 45 - PLANNING ITEM # 43682 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED FOR SIXTY DAYS, UNTIL AUGUST 11, 1998, the Ordinance upon application of DALA CORPORATION, a Virginia Corporation for a Conditional Use Permit: ORDINANCE CORPORA TION, CONDITIONAL PROMOTION UPON APPLICATION OF DALA A VIRGINIA CORPORATION FOR A USE PERMIT FOR AN OPEN SPACE Ordinance upon application of Dala Corporation, a Virginia Corporation for a Conditional Use Permit for an Open Space Promotion on certain property located on the north side of Indian River Road beginning at a point 2080feet more or less east of Hillcrest Farms Boulevard. Saidparcel contains 30 acres. KEMPSVILLE BOROUGH. Voting: 11-0 (By Consen0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William VK. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 9, 1998 Item V-I.& - 46- PUBLIC HEARING PLANNING ITEM # 43683 The following spoke in SUPPORT: Attorney Mark Williamson, 9000 World Trade Center, Phone; 640-3713, represented the applicant and distributed petitions in support of the application, which are hereby made a part of the record. Max McBrayer , 300 Technology Court, Smyrna, Georgia, Phone: 770-481- 7600, Vice President - Engineer and Design Nikki Minadakis, 644 South Military Highway, Phone: 461-8677, one of the owners of the property Edward Redfearn, 296 Island Lane, Phone: 481-6889 The .following registered in OPPOSITION: Attorney Rick Matthews, 192 Ballard Court, Phone: 490-3000, represented the Elizabeth River Shores Garden Club and Civic League. Cheri Anne Dewberry, 3530 Sale Drive, Phone: 420-3 742, represented the Elizabeth River Shores Garden Club. Petitions in OPPOSITION were presented and are hereby made a part of the record. John M. Sadler, 505 South Military Highway, Phone: 420-0961 A motion was made by Council Lady Strayhorn, seconded by Councilman Branch to ADOPT Ordinances upon application of RACETRAC PETROLEUM, INC. for a Conditional Change of Zoning and Conditional Use Permit: ORDINANCE UPON APPLICATION OF RACETRAC PETROLEUM, INC. FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM I-1 TO CONDITIONAL B-2 Ordinance upon application of Racetrac Petroleum, Inc. for a Change of Zoning District Classification from I-1 Light Industrial District to Conditional B-2 Community Business District on the east side of South Military Highway, 1700feet more or less north of Alexandria Avenue. The proposed zoning classification change to Conditional B-2 is.for commercial land use. The Comprehensive Plan recommends use of this parcel for suburban employment use in accordance with other Plan policies. Said parcel is located at 636 & 644 South Military Highway an contains 1.368 acres. AND, ORDINANCE UPON APPLICATION OF RACETRAC PETROLEUM, INC. FOR A CONDITIONAL USE PERMIT FOR GASOLINE SALES IN CONJUNCTION WITH A CONVENIENCE STORE Ordinance upon application of Racetrac Petroleum, Inc. for a Conditional Use Permit for gasoline sales in conjunction with a convenience store on the east side of South Military Highway, 1700feet more or less north of Alexandria Avenue. Said parcel is located at 636 & 644 South Military Highway and contains 1.368 acres. KEMPSVILLE BOROUGH. June 9, 1998 Item V-I. 8. PUBLIC HEARING PLANNING -47- ITEM # 43683 (Continued) Voting: 5-5 (MOTION LOST TO A TIE VOTE) (APPLICATION DENIED FOR LACK OF POSITIVE ACTION). Council Members Voting Aye: John A. Baum, Linwood O. Branch, III,, Harold Heischober, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: William W. Harrison, Jr., Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker, Council Members Abstaining: Louis R. Jones Council Members Absent: None Councilman Jones ABSTAINED as he is involved in a contractual arrangement with this company. June 9, 1998 Item V-I. 9. PUBLIC HEARING - 48- PLANNING ITEM # 43684 Attorney R. Edward Bourdon, Pembroke One, Fifth Floor, represented the applicant and requested DEFERRAL. Upon motion by Councilman Branch, seconded by Vice Mayor Sessoms, City Council DEFERRED until the City Council Session of June 23, 1998 an Ordinance upon application of MICHAEL D. SIFEN, INC., a VIRGINIA CORPORATION, for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF MICHAEL D. SIFEN, INC., A VIRGINIA CORPORATION FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5D to CONDITIONAL B-2 Ordinance upon application of Michael D. Sifen, Inc., a Virginia Corporation for a Change of Zoning District Classification from R-5D Residential District to Conditional B-2 Community Business District on certain property located at the northeast corner of Lynnhaven Parkway and Salem Road. The proposed zoning classification change to Conditional B-2 is for commercial land use. The Comprehensive Plan recommends use of this parcel for marketplace corridor use in accordance with other Plan policies. Said parcel contains 5.17 acres. KEMPSVILLE BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara 3/1. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 9, 1998 Item V-J. 1. - 49- APPOINTMENTS. ITEM # 43685 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: AIRPORT A UTHORITY HAMPTON ROADS PLANNING DISTRICT COMMISSION PARKS AND RECREATION COMMISSION PERSONNEL BOARD SOCIAL SER VICES BOARD TIDEWATER COMMUNITY COLLEGE BOARD TIDEWATER REGIONAL GROUP HOME COMMISSION VIRGINIA BEACH TOWING ADVISORY BOARD June 9, 1998 Item ~-K. 1. - 50- UNFINISHED BUSINESS ADD-ON ITEM # 43686 Upon motion by Councilman Harrison, seconded by Council Lady Parker, City Council RECONSIDERED: Ordinance to establish a Tax Increment Financing (TIF) District re improvement of the commercial area surrounding the Lynnhaven Mall Shopping Center; and, authorize the issuance of special limited obligations of the City secured by Tax Increment revenues derived from such district (ADOPTED 6/2/98). Rather than being effective immediately, the effective date should be July 1, 1998. Voting: 11 - 0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba $. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 9, 1998 Item V-K. 2. - 51 - UNFINISHED BUSINESS ADD-ON ITEM # 43687 Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council ADOPTED: Ordinance to establish a Tax Increment Financing (TIF) District re improvement of the commercial area surrounding the Lynnhaven Mall Shopping Center; and, authorize the issuance of special limited obligations of the City secured by Tax Increment revenues derived from such district. (The effective date shall be changed from "immediately" to "effective July 1, 1998'9. Voting: 10-0 Council Members Voting Aye: John A. Baum, William W. Harrison, Jr., 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 Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III June 9, 1998 1 2 3 4 AN ORDINANCE TO ESTABLISH A TAX INCREMENT FINANCING DISTRICT AND TO AUTHORIZE THE ISSUANCE OF A TAX INCREMENT FINANCING OBLIGATION 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 WHEREAS, the City of Virginia Beach (the ~City") desires to undertake a program related to the improvement of the commercial area (the "Mall Area") surrounding the Lynnhaven Mall Shopping Center (the ~Mall"), including substantial improvement to the Mall by its owner, to achieve certain important public purposes, including but not limited to (a) improving the capacity and flow of traffic within the Mall Area, (b) improving public transit access to and from the Mall Area, thereby facilitating commercial development in the Mall Area and employment in the adjacent industrial park, (c) expanding public parking in the Mall Area, and (d) stimulating additional investment and employment in the Mall; WHEREAS, as part of the undertaking of such program, the Council of the City (the "Council") desires to provide for the financing of the acquisition of property, public improvements and improved transit service associated with the expansion of the Mall in an amount not to exceed $18,250,000 (the ~Project") by establishing a tax increment financing district and to issue special limited obligations of the City secured by tax increment revenues derived from such district; WHEREAS, pursuant to Section 58.1-3245.4:1 of the Code of Virginia of 1950 (the ~Virginia Code"), such obligations shall not be subject to the annual debt limitations set forth in the City Charter; and WHEREAS, the Council held a public hearing on June 2, 1998, on the establishment of the tax increment financing district 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 after notice as provided in Section 58.1-3245.2(B) of the Virginia Code; BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. Pursuant to Section 58.1-3245 et seq., of the Virginia Code, a development project area (as defined in Section 58.1-3245) known as the Lynnhaven Mall Shopping Center District (the "District") is hereby created and designated as such. The District shall include that area of the City as set forth on Exhibit A, attached hereto and made a part hereof. 2. The Real Estate Assessor, the assessing officer of the City, is directed, pursuant to Section 58.1-3245.2(A) (1) of the Virginia Code, to record in the land book the base assessed value and the current assessed value (each as defined in Section 58.1- 3245 of the Virginia Code) of the real estate within the District. 3. So long as any TIF Obligations (as hereinafter defined) remain outstanding, the Director of Finance of the City is directed to allocate and pay the real estate taxes attributable to the increased value of the real estate within the District between the base assessed value and the current assessed value (the ~Tax Increment Revenues") into a special fund entitled "Lynnhaven Mall Tax Increment Financing Fund" (the ~Fund"), which is hereby authorized to be created. 4. Pursuant and subject to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be issued tax increment financing obligations in the maximum amount of $18,250,000 (the "TIF Obligations") to provide funds, together with other available funds, to finance the cost of the Project. 2 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 5. The TIF Obligations shall bear such date or dates, mature without interest at such time or times not exceeding 40 years from their date, be in such denomination and form, be executed in such manner and be sold at such times or times and in such manner as the Council may hereafter provide by appropriate resolution or resolutions. 6. The TIF Obligations shall be limited obligations of the City, payable solely from Tax Increment Revenues in the Fund. The terms of the TIF Obligations shall be subject to the Memorandum of Understanding with respect to the Project now being negotiated by the City with Knickerbocker Properties, Incorporated III, and any related or amending or replacement documents, which Memorandum of Understanding shall be presented to City Council for approval prior to its execution by the City. Payments under the TIF Obligations shall be due and payable only to the extent pledged revenues are actually available therefor. The appropriate officers of the City are authorized to enter into appropriate development project cost commitments and other appropriate documents consistent with the Memorandum of Understanding and the requirements of Article 4.1 of Title 58.1 (Section 58.1-3245 et seq.) of the Virginia Code. 7. The City Clerk is directed to send a copy of this ordinance to the Real Estate Assessor and the Director of Finance of the City and any other material required by Section 58.1-3245.3 of the Virginia Code. 8. The City Clerk is directed to make a copy of this ordinance continuously available for inspection by the general public during normal business hours at the City Clerk's office from 3 87 88 89 90 91 92 93 94 95 96 97 98 the date of adoption hereof through the date of the issuance of the TIF Obligations. 9. The City Clerk, in collaboration with the City Attorney, is authorized and directed to file immediately a certified copy of this ordinance with the Circuit Court of the City of Virginia Beach. 10. This ordinance shall be in full force and effect ~,.s-A- ~- passage on July 1, 1998. Requires affirmative vote by a majority of City Council members for adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of June , 1998. 99 100 101 102 CA-7047 ORDIN\NONCODE\MALL.ORD R-1 PREPARED: JUNE 8, 1998 4 EXHIBIT A The Lynnhaven Mall Shopping Center District is an area that is bounded by Lynnhaven Parkway to the east, South Lynnhaven Road to the west, the intersection of Lynnhaven Parkway and South Lynnhaven Road to the south, and Guardian Lane along a drainage easement to South Lynnhaven Road to the north (a map with the proposed district shaded is also attached). Exhibit A Item V-L.L - 52 - NEW BUSINESS ITEM # 43688 BY CONSENSUS, City Council ACCEPTED: ABSTRA CT OF LEGAL CASES RESOLVED - MA Y 1998 June 9, 1998 Rem ?-M. - 53 - ADJOURNMENT ITEM#43689 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 4.'35 P.M. Chief Deputy City Clerk ~ CMC/AAE ' City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia June ~ 1998