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HomeMy WebLinkAboutJULY 6, 1999 MINUTES"WORLD'8 LARGEST RIISORT CITY" CITY COUNCIL MAYOR MEY,F. RA E OBERNDORF, A; i~rg¢ VICE MAYOR WIll. JAM D IJNWOOD 0 BRANCH III Dumct MAItGARET L EURE. Dumct i -CeNMr~die WILLIAM W HARRi$ON JR. Dulncl $-Ly.~lmve. HAROLD HEISCHOBER. BAP~ARA M. HF. NLEL Dumc; ?.PnNcez~ REBA $ McCLANAN. Dutncl S-Rose Itull NANCY K PARKER. A.M (DON) WEEKS DL~tnc~ 2-Kempmllw SAME$ K SPORE. Ctty Mmmger t;ed~E L IJLLEY O~ Anor~ey RUTH HODGF_.S SMITH. CMCIAAE. Oty Clerk CITY COUNCIL AGENDA CITY' HALI. J(III. DING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 25456-9005 PNONE (757) 427.4503 FAX (757) 426-$~9 EMAIL CTYCNCL~CITY VIRGINIA-BEACH VA 06 July 1999 1. REVIEW OF AGENDA ITEMS - Conference Room - I0:00 AM II. CITY COUNCIL COMMENTS II/. INFORMAL SESSION - Conference Room - 10:30 AM A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION IV. FORMAL SESSION - Council Chamber - · 2:00 PM A. CALL TO ORDER- Mayor Meyera E. 0bemdorf B. INVOCATION: The Reverend Robert E. Cooper Charity United Methodist Church Ce PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION Fi Ge H. MINUTES le INFORMAL & FORMAL SESSIONS SPECIAL SESSION 22 June 1999 29 June 1999 AGENDA FOR FORMAL SESSION The Consent Agenda wtll be determined durtng the Agenda Review Session and constdered in the ordinary course of business by Ctty Council to be enacted by one motion. PUBLIC PRESENTATION and COMMENT 31 st STREET PROPERTY E. Dean Block, Director, Management Services ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code ae Section 2-451; and, ADD Section 2-452.2 re organization, membership and procedures for the appointment of the Board of Zoning Appeals b. Section 21-343, assigning new number, Section 21-344, re reimbursement for expenses incurred by any volunteer rescue squad for services rendered appropriate to a particular accident or incident related to driving while impaired. Section 23-46, replacing references re Nuisances generally to specific departments with the term, "City Manager". . Ordinances to ACCEPT and APPROPRIATE Grants to the FY 1999-2000 Operating Budget of the Department of Housing and Neighborhood Preservation and increasing estimated revenues accordingly: ae $472,500 from the U.S. Department of Housing and Urban Development (HUD) re Section 8 Housing Vouchers to persons with disabilities be $37,161 from the Southeastern Virginia Job Training Administration (SVJTA) re personnel and operating costs for the CARE Youth Leadership Camp e Resolution re a planning study for design and construction of a 90-bed Secure Juvenile Detention Facility; and, authorize the City Manager to submit same for State approval and reiterate the City's request f6r maximum financial support for the project. . Resolution of support for the King William Reservoir as a safe, reliable and adequate water supply for the Northside Hampton Roads and request the U. S. Corps of Engineers to expeditiously grant the City of Newport News a Department of the Army permit for construction of the project. (Requested by Mayor Meyera E. Oberndorf) 5. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Tom's Limo Service 6. REFUNDS a. License Refunds $39,946.63 b. Tax Refunds $12,760.03 J. PUBLIC HEARING- PLANNING PLANNING BY CONSENT - To be determined during the Agenda Review Session. . Petition of KOPASSIS CONSTRUCTION, INC., a Virginia Corporation, for the discontinuance, closure and abandonment of an unimproved portion of Mill Dam Road at the Northwest comer of Mill Dam Road and Shoveller Avenue, containing 1,947 square feet (LYNNHAVEN- DISTRICT 5). Recommendation: APPROVAL . Application ofSTACEY T. RIDDLE, T/A BAY AREA MARINE for a Conditional Use Permit for boat sales and service on Lots 8, 10 and 12, Block O, Lynnhaven Beach (2265 West Great Neck Road), containing 17,700 square feet (LYNNHAVEN - DISTRICT 5). Recommendation: APPROVAL . Applications of BECO BUILDING ASSOCIATES, a Virginia General Parmership, re the North side of Princess Anne Road, beginning 800 feet more or less West of Seaboard Road (PRINCESS ANNE- DISTRICT 7): a,, Variance to Section 4.4(b)(1) of the Subdivision Ordinance which requires that all lots meet lot width requirements re four (4) non-compliance lots in a proposed subdivision of 128 single-family residential lots. b. Change of Zoning District Classification from AG- 1 and AG-2 Agricultural Districts and R-20 Residential District to Conditional R-10 Residential District, containing 101.5 acres. Recommendations: Staff Planning Commission: DENIAL APPROVAL , Application of ROBERT G. and BRIDGET M. LUKEMAN for a Change of Zoning District Classification from B-2 Community Business District to R-7.5 Residential District on the West side of Hudgins Drive, South of Independence Circle (4529 Hudgins Drive), containing 1.3 acres (LYNNHAVEN- DISTRICT 5). Recommendation: APPROVAL 5. CITY OF VIRGINIA BEACH a. Ordinances to AMEND the City Zoning Ordinance (CZO) (Deferred 22 June 1999): (1) Change the official zoning map re the zoning district classifications of all lots or parcels of land within the RT-3 Resort Tourist District East of Pacific Avenue, West of Atlantic Avenue, South of 31 st Street and North of 4th Street to the RT-2 Resort Tourist District.(BEACH - DISTRICT 6) (2) Section 1510 re redesignation of the general areas in which the RT-2 Resort Tourist District is located to match the proposed zoning map change. · i i ii iiiiii ii iiii iii iiiiiiiiiiii iii i i ii I i I ii ! II I i II I I I (3) Sections 236, 901, 1001, 1501, 1511 and 1521, conditional use permits for certain types of passenger vessels in the B-2, B-4, RT-1, RT-2 and RT-3 Zoning Districts; and, limiting the mooring of commercial passenger vessels in the I-2 Industrial District. (4) Section 1305 to allow of non-profit organizations' offices as a conditional use permit in the Historic and Cultural District. bo Applications re use of a portion of historic FERRY FARM HOUSE within the Historic and Cultural District, as an office for a non-profit organization (BAYSIDE - DISTRICT 4): Modification of Conditions to the applications of Old Donation Farm Partnership, now known as OLD DONATION FARMS Subdivision (Approved 06 June 1987), for Open Space Promotion and Subdivision Variances at the southeastern terminus of Pembroke Boulevard, containing 32.829 acres (2) Conditional Use Permit for an office at 4136 Cheswick Lane for the Hampton Roads Chapter of the AIA, containing approximately 11,988.5 square feet Recommendation: APPROVE BOTH REQUESTS Ko APPOINTMENTS COMMUNITY POLICY AND MANAGEMENT TEAM (CSA-At Risk) FRANCIS LAND HOUSE BOARD OF GOVERNORS L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT CITY COUNCIL WILL MEET ONLY THE FIRST TWO TUESDAYS IN JULY: July 6 - 2:00 PM July 13 - 2:00 PM 07/01/99cmd AGENDA\07/06/99 www v~rg~ma-beach va us If you are physically disabled or visually impaired and need asststance at thts meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call TDD only 427-4305 (TDD - Telephomc Dewce for the Deaf) ,o~- OUR N~'~°~1 MINUTES VIRGINIA BEACH CITY COUNCIL V~rg~nia Beach, V~rg~n~a Mayor Meyera E. Oberndorf called to order the AGENDA REVIEW Session in the Council Conference Room, City Hall Building, on Tuesday, July 6, 1999, at 10:00 A.M. Council Members Present: Margaret L. Eure, Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E Oberndorf Nancy K. Parker, and A. M. "Don" Weeks Council Members Absent: Vice Mayor William D. Sessoms, Jr. Linwood O. Branch, III [ENTERED: 10:10 A.M.] [ENTERED: 10:22 A.M.] William W. Harrison, Jr. [ENTERED: 10:45 A.M.] 1.3 -2- AGENDA RE VIE W SESSION 10:00 A.M. ITEM # 45179 Resolution re a planmng study for design and constructton of a 90-bed Secure Juvenile Detention Facility, and, authorize the Ctty Manager to submit same for State approval and retterate the Ctty's request for maximum ftnanctal support for the project Counctl Lady Parker referenced the change in the project from 60- to 90-beds, and the increase tn project costs, the State is requiring the City to re-do the planntng study, re-submtt waiver requests and tnclude an updated needs assessment relattng to the City 's predicted average datly population or usage rate and plans for usage of Tidewater Detention Home and Western Tidewater Detention Center (future factlity planned for the Suffolk region). The State requires a resolutton by the locahty's govermng body approving the planning study, requesting State reimbursement and tnchcattng tts intent to proceed wtth the project before the State will review and approve the study. The City Manager advised if the funding issue cannot be resolved, then the Ctty would have to reconstder at that potnt whether they want to go from 45- to 60-beds and do a two-phase plan Council Lady Henley referenced Item 3 in said Resolution. 3. "The City hereby reiterates tts request for maxtmum State ftnancial support for this project." Councd Lady Henley inquired relative the sigmficance of saytng "maximum" rather than 50%. This should be amended to state "The City hereby reiterates tts request for at least 50% State ftnanctal support for thts project" ITEM # 45180 K. 4. Resolutton of support for the King William Reservoir as a safe, rehable and adequate water supply for the Northstde Hampton Roads and request the U. S. Corps of Engineers to expechttously grant the City of Newport News a Department of the A rmy permit for constructton of the project (Requested by Mayor Meyera E OberndorJ) Council Lady Parker inqutred relative the location as to whether it would be north or south of the Indian reservation and the impact on that area. Clarence Warnstaff, Director of Public Works/Acttng Dtrector of Pubhc Utilittes, advised the Corps of Engineers, because of analysts by the Institute of Water Resources in Washington, D C., (which is apart of the Corps of Engtneers), now that the need for the project appears to be smaller than had been identtfied in earher years, they tndicated they are gotng to conclude that the project impacts are too great in relation to the need. It is not specifically related to the locatton of the intake structure Newport News has attempted, over the years, to do everything withtn thetr power to review all alternatives and make adjustments tn thetr forecasts of need. After recetvtng a Draft Environmental Impact Statement from the Crops tn 1995, which indicated the project would be approved, and a Virginia Water Quality Protection Permit from the Department of Environmental Quality (DEQ) IN 1997, Newport News thought that the Corps might grant a permit as early as thts Summer. However, on June 4, 1999, the Norfolk District Corps announced tts prehmtnary posttion to deny the permit on the grounds that the need for the project was overstated. Mayor Oberndorf referenced correspondence form Chrtsttne Ober Bridge, Legtslative Liaison, advtstng the concept that the Hampton Roads region needs an expansion of its water resources, as wouM be provtded by the King William Reservoir, and not a reallocation of extsttng surface or groundwater supphes Mayor Oberndorf referenced a newspaper arttcle concerning chscusston between the Mattaponi Indians and Newport News over cash settlement Mr. Warnstaff was not famthar wtth this discussion, but generally the tssue has been the State has taken a long standing position that commumties in Southeastern Virginia need to move from their dependence on ground water to additional surface water supplies. Newport News has attempted to do this to comply with thts longstanding State direction for the large cities to move from ground water leaving this for the smallerjurtsdtcttons. Relative the impacts from the reservoir, Mr Warnstaff advtsed the Mayor the reservoir would have a volume of approximatelyl2-BILLlON gallons and inundate 1,526 acres of wooded land, of which 437 wouM be non-tidal wetlands. Newport News has agreed to replace and/or restore lost wetlands at a 2 to 1 ratio. Most of the water for the reservoir wouM come from a 75-MILLION gallon per day pumpover from the Mattaponi River During dry periods, the pumpover has been severely restrtcted by the Virgtnia Department of Envtronmental Quahty vta the Vtrgtnta Water Quahty Protectton Permit and the Clean Water Act Section 401 Water Quahty Certificate. -3- AGENDA RE VIE W SESSION ITEM # 45180 (Continued) There were a number of allegations that the pumpover would tmpact sahntty of the Mattaponi River and, therefore, the shad fishery However, a study conducted by the Vtrgtnia Institute of Martne Science, and confirmed by tndependent scientists at the Corps, concluded that there would be no significant impact upon salinity in the river Another study conducted by scientists at Virgtnta Commonwealth Untverstty found no evidence that the project would impact the shad.fishery. The project ts opposed by the U.S. Fish and Wildlife Service and the Sierra Club. These two entities set very low thresholds for environmental tmpacts and very high thresholds for need. They often oppose large municipalprojects, as evidenced by theposittons they took during the Lake Gaston project permittingprocess The project ts also opposed by the Pamunkey and Mattaponi Indian Tribes, which are located on the banks of the Pamunkey and Mattaponi Rivers Although the reservoir does not impact any property on or near the two reservattons, both trtbes oppose the project on the grounds that it might impact river.flows and fisheries It was the tssue of river.flows and fisheries that was debated extenstvely at the State level and as a result of those arguments, there was DEQ imposed restrictions upon the pumpover. Newport News has supported the Lake Gaston project, in writing and in a number of administrattve forums. The northstde Hampton Roads delegatton also supported Vtrginia Beach a number of times durtng legislattve initiatives that arose in the General Assembly. Both Congressman Bateman and Scott supported Congressmen Pickett and Sisisky tn the tug-of-war that was played out tn the federal arena All of thejurisdtctions which comprise northside Hampton Roads are on record supporttng the King William Reservoir project. On the west side of the Mattapont Rtver, tt ts supported by Ktng Wtlltam County (where the reservotr and intake would be located), but opposed by King and Queen County on the east stde of the Mattapont. On southstde Hampton Roads, it appears that only Vtrgtnia Beach, and posstbly Norfolk, have been asked to adopt resolutions ITEM # 45181 LS. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Tom's Limo Service Council Lady Henley advised Limo Services are stmilar to taxi services When the City Council is approving the Cert~cates of Public Convemence for Limos and taxis, do they have any obhgatton as a part of that to serve the whole City? Council Lady Henley found out that taxts wtll not necessartly come to the southern part of the City. Do they have an obligation to serve the whole City~ The City Attorney advised he did not believe the City was controlling routes for taxt services, only determining whether all their certificates are in place, checking zomng, etc. The City Attorney will tnvesttgate further and provide information to Council Lady Henley and the other members of City Council He beheves tnter-City there is no route control, however intra-Ctty, the State Corporation Commission requires certificatton and the route must be stated. Counctl Lady Eure inqutred relative the length of the limo as tt requires a vartance for exceeding the Ctty Code limit. The City Manager advtsed the limo is 22feet and the normal length ts 20. ITEM # 45182 BY CONSENSUS, the following ttems shall compose the CONSENT AGENDA: ORDINANCES/RES OL UTIONS L 1. Ordinances to AMEND the City Code Section 2-451; and, ADD Section 2-452.2 re organtzatton, membership and procedures for the appointment of the Board of Zoning Appeals bo Section 21-343, assigning new number, Section 21-344, re reimbursement for expenses incurred by any volunteer rescue squad for services rendered appropriate to a particular acctdent or inctdent related to drtvtng while impaired c Section 23-46, replacing references re Nuisances generally to specific departments with the term, "City Manager". -4- AGENDA RE VIE W SESSION ITEM # 45182 (Continued) 12. Or&nances to ACCEPT and APPROPRIATE Grants to the FY 1999-2000 Operating Budget of the Department of Housing and Neighborhood Preservation and increasing estimated revenues accordingly: ao $472,500 from the U.S. Department of Houstngand Urban Development (HUD) re Section 8 Housing Vouchers to persons with disabilities bo $37,161 from the Southeastern Virginia Job Training Administratton (SVJTA) re personnel and operating costs for the CARE Youth Leadership Camp 13 Resolution re a planning study for design and construction ora 90-bed Secure Juvenile Detention Facility; and, authorize the Ctty Manager to submit same for State approval and retterate the City's request for maximum financtal support for the project 1.4. Resolution of support for the King William Reservoir as a safe, reliable and adequate water supply for the Northstde Hampton Roads and request the U S Army Corps of Engineers to expeditiously grant the City of Newport News a Department of the Army permit for construction of the project. (Requested by Mayor Meyera E. Oberndorj) I. 5. CER TIFICA TE OF P UBLIC CONVENIENCE AND NECESSITY Tom's Limo Service 1 6. REFUNDS a. License Refunds $39,946.63 b. Tax Refunds $12,760.03 Item 3. will be AMENDED, B Y CONSENT ITEM # 45183 Vtce Mayor Sessoms &stributed correspondence from Betsy Agelesto concerning the 31~ Street Property -5- AGENDA RE VIE W SESSION ITEM # 45184 J 1. Petition of KOPASSIS CONSTRUCTION, INC., a Vtrgtnta Corporatton, for the dtsconttnuance, closure and abandonment of an unimproved portton of Mtll Dam Road at the Northwest corner of Mtll Dam Road and Shoveller Avenue, contatning 1,947 square feet (L YNNHA YEN- DISTRICT 5) The Cay Attorney requested this item be DEFERRED unttl the City Council Sesston of July 13, 1999, as the Ordinance is not complete. ITEM # 45185 J 2. Apphcation ofSTACEY T. RIDDLE, T/A BA YAREA MARINE for a Condittonal Use Permit for boat sales and service on Lots 8, 10 and 12, Block O, Lynnhaven Beach (2265 West Great Neck Road), contatntng 17, 700 square feet (LYNNHA VEN - DISTRICT 5). Councd Lady McClanan referenced the conchtton relattve the free-standingpole sign shall be removed and replaced with a brick, monument type stgn. Theptcture with the agenda is a not a brtck monument type stgn Mr. Scott advised the sign will be monument type. Vtce Mayor Sessoms advised Council Lady Parker this boat sales and service wtll be in the location where the oM Tinee Giant once stood on old Great Neck Road Mr. Scott advised muffler exhaust systems did assist in alleviating the issue of noise. ITEM # 45186 Applications of BECO BUILDING ASSOCIATES, a Vtrgtnta General Partnership, re the North stde of Princess Anne Road, beginning 800 feet more or less West of Seaboard Road (PRINCESS ANNE - DISTRICT 7): Variance to Sectton 4. 4(b)(1) of the Subdtvtston Ordinance whtch requires that all lots meet lot width requirements re four (4) non- comphance lots in a proposed subdivision of 128 stngle-family residential lots. Change of Zoning District Classtfication from AG-1 and AG-2 Agricultural Dtstrtcts and R-20 Residenttal Dtstrtct to Condittonal R-10 Residential District, contaimng 101.5 acres. Councd Lady Henley advised the attorney indicated the application should be DEFERRED, because of the outstanding question of whether or not this application will connect wtth Ferrell Parkway. This item wtll be discussed durtng the Formal Sesston. ITEM # 45187 .I. 5. CITY OF VIRGINIA BEACH a Ordinances to AMEND the Ctty Zoning Ordtnance (CZO) (Deferred 22 June 1999): Change the official zoning map re the zoningdistrict classifications of all lots or parcels of land wtthin the RT-3 Resort Tourist District East of Pacific Avenue, West of Atlantic Avenue, South of 31st Street and North of 4'n Street to the RT-2 Resort Tourist District. (BEA CH - DISTRICT 6) Section 10 re redesignation of the general areas in which the RT-2 Resort Tourist District is located to match the proposed zoning map change. July 6, 1999 -6- AGENDA RE VIE W SESSION ITEM # 4518 7 (Con tin ued) Sections 236, 901, 1001, 1501, 1511 and 1521, con&ttonal use permtts for certain types of passenger vessels tn the B-2, B-4, RT-1, RT-2 and RT-3 Zoning Districts, and, limtting the mooring of commercial passenger vessels in the I-2 Industrial District Councilman Hetschober advised there are two large parcels north of 31~ Street which couM be tnvolved This is an estate problem. Councilman Branch advised there is no parktng opportumties north of 33rd Street Eventually, if the City's Master Parktng Plan developes, then this issue could be revisited north of 33rd Street. The Commission's recommendation is to 31st Street. Relative Item J 5 (3) Councdman Jones expressed concern as a boat could not be docked tn an 1-2 district. The onlypiece of property in the City where a major size boat could be docked ts the Chesapeake Bay Brtdge Tunnel property offShore Drive The intent of the ordinance proposed was to require Conchtional Use Permtts to control undestrable activtties which might occur, but Councilman Jones did not believe it was to prohibit the use of the propertyfor legttimate activities, such as a large passenger ship or something of that nature. Counctlman Jones has requested this Ordinance be amended, so a passenger ship would not be prohtbited from coming in to the Chesapeake Bay property. ITEM # 45188 JSb Applicattons re use of a portion of historic FERRY FARM HOUSE within the Historic and Cultural Dtstrtct, as an office for a non-profit organization (BA YSIDE - DISTRICT 4)' Modificatton of Conditions to the apphcattons of Old Donation Farm Partnership, now known as OLD DONA TION FARMS Subdtviston (Approved 06June 1987),for Open Space Promotton and Subdivision Vartances at the southeastern terminus of Pembroke Boulevard, containing 32 829 acres Conditional Use Permit for an office at 4136 Cheswtck Lane for the Hampton Roads Chapter of the AIA, contatning approximately 11,988. 5 square feet Council Lady Henley will ABSTAIN, as she is an Ex-Officio Member of the Friends of the Ferry Plantation House. Council Lady Henley distributed a listtng of the Ferry Plantation House Architectural Advisory Board., ITEM # 45189 BY CONSENSUS, the following ttems shall compose the PLANNING B Y CONSENT AGENDA: Petitton of KOPASSIS CONSTRUCTION, INC., a Vtrginta Corporation, for the chscontinuance, closure and abandonment of an untmproved portton of Mill Dam Road at the Northwest corner of Mill Dam Road and Shoveller Avenue, contaimng 1, 94 7 square feet (L YNNHA YEN- DISTRICT 5) Application of STA CEY T. RIDDLE, T/A BA YAREA MARINE for a Conditional Use Permttfor boat sales and servtce on Lots 8, 10 and 12, Block O, Lynnhaven Beach (2265 West Great Neck Road), contatntng 17, 700 square feet (LYNNHA VEN - DISTRICT 5). July 6, 1999 -7- AGENDA RE VIE W SESSION ITEM # 45189 (Continued) J. 4. Applicatton of ROBERT G. and BRIDGETM. LUKEMAN for a Change of Zomng District Classtficatton from B-2 CommuniN Business Distrtct to R-7 5 Restdenttal Dtstrtct on the West side of Hudgins Drive, South of Independence Ctrcle (4529 Hudgtns Drtve), containing 1.3 acres (LYNNHA YEN - DISTRICT 5). J. 5. CITY OF VIRGINIA BEACH a. Ordinances to AMEND the Ctty Zoning Ordtnance (CZO) (Deferred 22 June 1999): Change the official zoning map re the zoningdtstrtct classificattons of all lots or parcels of land within the RT-3 Resort Tourist Distrtct East of Pacific Avenue, West of Atlantic Avenue, South of 31st Street and North of 4tn Street to the RT-2 Resort Tourist District. (BEA CH - DISTRICT 6) (2) Section 10 re redesignation of the general areas in whtch the RT-2 Resort Tourist District is located to match the proposed zontng map change (4) Section 1305 to allow non-profit organizations' offices as a conditional use permit in the Historic and Cultural District JSb Applications re use of a portion of histortc FERRY FARM HOUSE within the Historic and Cultural atstrtct, as an office for a non-profit orgamzatton (BA YSIDE- DISTRICT 4)' Modfficatton of Conditions to the apphcattons of Old Donatton Farm Partnership, now known as OLD DONA TION FARMS Subdivision (Approved 06 June 1987),for Open Space Promotton and Subdivision Vartances at the southeastern terminus of Pembroke Boulevard, containing 32.829 acres (2) Condttional Use Permit for an Office at 4136 Cheswtck Lane for the Hampton Roads Chapter of the AIA, containing approximately 11,988. 5 square feet Item J 1. will be DEFERRED, BY CONSENT, unttl the City Counctl Session of July 13, 1999 Council Lady Henley wtll ABSTAIN on Item J. 5. b.. July 6, 1999 -8- CITY COUNCIL COMMENTS 10:40 A.M. ITEM # 45190 Councd Lady Parker expressed appreciatton and commended the pohce officers who assisted in the torrtd heat of the Fourth of July weekend Council Lady Parker inqutred relative an update of the success of this busing system to the Resort Area. Council Lady Parker expressed concern relative the heavy uniforms worn by pohce officers directing the traffic. The City Manager advised information will be provided relattve this system and suggested plans for Labor Day. There was tremendous success wtth the weekend tn terms of mass transit utilization. More people were moved on the trolley system thts weekend than the entire year last year The neighborhoods were very pleased wtth the traffic. Issues relative managing theparking at Pendleton need to be addressed The City Manager advtsed the Pohce Department reached the decision some years ago that shorts and knit shtrts were not very effective in terms of acquiring respect whde enforctng the law. Councd Lady Henley inquired relative the process to be utdtzed tn receiving comment from the small business owners who believed they suffered losses during the weekend when the roads were closed Councd Lady Henley hoped these in&viduals would have an opportumty to votce their concerns Councd Lady McClanan did not understand how thts plan was accomphshed without Councd Members vottng to expend the funds. The plans were brought tn by the Resort Leadership Council The process concerned Council Lady McClanan Indivtduals who restde and work at the Beach need to feel that they have had some part tn the whole process. The Ctty Manager advised he made the dectstons relative thts Fourth of July weekend and would be happy to discuss these tndtvidually or collecttvely Mayor Oberndorf advised she spent a lot of time at the Ocean Front this weekend and would like to comphment the City Manager, Chief of Staff, Pohce officers, Henry Rutz - Parla'ng Systems Management, and hts staff, who performed as professionals and representattves of the Ctty of Vtrgtnta Beach, and were present all weekend at the Resort Area. Mayor Oberndorfheard from many of the small business inchvtduals and she advised Council was anxious to be advised of thetr profits during this time last year as compared to their loses this year, to determine the damage. There were large family gatherings on the beach for both ntghts of fireworks. The Twenty-fourth Street Park Pat Benatar concert was attended by 'thousands of people. Council Lady Eure advised the sales tax receipts of the small businesses would clearly indicate whether or not their business was better or worse than last year Vice Mayor Sessoms advised he was concerned relative the small businesses Much of the business was off last Fourth of July. Nineteenth and Norfolk Avenue is a major concern to him. Vice Mayor Sessoms complimented the Ctty Manager as one who cannot sit still and do nothing ITEM # 45191 Mayor Oberndorf welcomed back Lee Cahill, Reporter- Virginia Beach Sun and expressed deepest sympathy on the death of her husband, Carl. ITEM # 45192 Counctl Lady Parker referenced a Memorandum from Bob Loher, Dtrector of Permits and Inspecttons, relative the Cox Cable generator units and landscaptng deptcted tn the color photograph Council Lady Parker assumes these units were going to be better disguised from the roadway. The Ctty Manager advised Counctl Members McClanan and Jones were on a subcommittee and met with Cox relative this issue of screening. Council Lady McClanan did not consider proper landscaping was reflected in the photographs. The City Manager advtsed relattve the homeowners having to accept the location of these boxes, there have been only 3 or 4 instances in which has this occurred. Informatton will be provtded. Councilman Jones advised one resident was told by the Cox Cable representattve they were gotng to maintain the shrubbery for two years and after that, it was the restdent 's responstbtlity Councilman Jones said tt was Cox's responstbility to matntatn the landscaping not temporarily but permanently. Councilman Jones concurred that the landscaping was not suffictent to screen the boxes July 6, 1999 -9- ITEM # 45193 Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Ctty Council Conference Room, City Hall Butldtng, on Tuesday, July 6, 1999, at 11:55 A.M. Council Members Present. Linwood 0 Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vtce Mayor Wtlham D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Absent: None July 6, 1999 -10- ITEM # 45194 Mayor Meyera E. Oberndo~ entertained a motion to permit Ctty Council to conduct tts CLOSED SESSION, pursuant to Section 2.1-344, Code of Vtrgtnta, as amended, for the followtng purpose PERSONNEL MA 7TERS. Discussion or consideratton of or tnterviews of prospective candidates for employment, assignment, appointment, promotton, performance, demotton, salartes, chsctphning, or resignation of specific pubhc oj~cers, appointees, or employees pursuant to Sectton 2 1-344 (A) (1). To Wit: Boards and Commtsstons' Community Policy and Management Team Development Authortty Francis Land House Board of Governors Personnel Board Board of Zoning Appeals Evaluatton of Appotntees PUBLICLY-HELD PROPERTY Discussion or constderatton of the condition, acquisttion, or use of real property for pubhc purpose, or of the chsposttton of publicly-held real property, for discusston tn an open meettng which would adversely affect the bargatntng positron or negotiating strategy of the public body pursuant to Section 2.1-344(A)(3) To- Wit' 31st Street ProJect LEGAL MA TTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertatning to actual or probable htigation, where such consultation or briefing in open meettngs would adversely affect the negotiating or httgattngposttion of thepublic body and consultatton wtth legal counsel employed or retatned by a public body regar&ng specific matters requtrtng the provision of legal advtce by such counsel pursuant to Sectton 2.1-344(A)(7) To- Wit: 31st Street Project City of Virginia Beach versus Giant Square Associates Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober City Council voted to proceed into CLOSED SESSION. Vottng: 11-0 Counctl Members Voting Aye' Ltnwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None July 6, 1999 -Il- FORMAL SESSION VIRGINIA BEA CH CITY CO UNCIL July 6, 1999 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Council Chamber, City Hall Budding, on Tuesday, July 6, 1999, at 2 O0 P M Council Members Present: Linwood O. Branch, III, Margaret L. Eure, Wtlham W. Harrison, Jr, HaroM Heischober, Barbara M. Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vtce Mayor William D Sessoms, Jr. and A. M. "Don" Weeks Council Members Absent: None INVOCATION: Councilman Louts R. Jones PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Wachovta Bank, disclosed there were no matters on the agenda in which he has a "personal interest", as defined tn the Act, either individually or tn hts capacity as an officer of Wachovta Bank. The Vice Mayor regularly makes thts Dtsclosure as he may not know of the Bank's interest tn any application that may come before Ctty Council. Vice Mayor Sessoms' letter of January 4, 1999, ts hereby made apart of the record. July 6, 1999 Item IV-E. - 12- CER TIFICA TION OF CLOSED SESSION ITEM it 45195 Upon motion by Vice Mayor Sessoms, seconded by Councdman Branch, City Councd CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc business matters lawfully exempted from Open Meettng requtrements by Virgtnta law were discussed in Closed Sesston to which this certification resolutton applies, AND, Only such pubhc business matters as were tdent~ed tn the motion convemng the Closed Session were heard, discussed or considered by Virginia Beach City Council. Vottng: 11-0 Council Members Voting Aye Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr, Harold Heischober, Barbara M Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor Wtlltam D Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay' None Council Members Absent' None July 6, 1999 CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 45194, Page 10, and in accordance with thc provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. Rt~ Hodges ~'mith,-CMC/AAE City Clerk July 6, 1999 Item IV-F. 1/2 -13- MINUTES ITEM # 45196 Upon motion by Council Lady Henley, seconded by Vtce Mayor Sessoms, City Counctl APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of June 22, 1999 (AS CORRECTED)** and the SPECIAL SESSION of June 29, 1999. Page 33, ITEM # 45155 Resolution selecting the alignment for the section of roadway between General Booth Boulevard and Sandbridge (Alternative B-2) (straight ahgnmenO. AND, Ordinance to authorize the City Manager to enter into a Cost Participation and Development Agreement re design and construction of a portton of Ferrell Parkway - Phase VI, the extenston of Upton Drtve and the development of certatn property of Lake Gem LLC **John P. Stasko, 909 Dwyer Court, Phone: 426-0728, Refuge Manager- Back Bay National Wildlife Refuge, was INCORRECTLY listed as speaking in SUPPORT. Mr. Stasko was in support of Sandbrtdge Road and in opposition to Ferrell VII Voting: 11-0 Councd Members Voting Aye' Linwood O. Branch, III, Margaret L Eure, Wtlham W Harrtson, 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 A M "Don" Weeks Council Members Voting Nay: None Council Members Absent: None July 6, 1999 Item IV-G.I. - 14- ADOPT.4 GEND.4 FOR FORM.4L SESSION ITEM # 4519 7 BY CONSENSUS, City Counctl .4DOPTED: .4 GEND.4 FOR THE FORM.4L SESSION July 6, 1999 - 15- Item IV-H. 1. INTR OD UCTION ITEM # 45198 Mayor Oberndorf introduced the followtng Boy Scouts in attendance to earn their mertt badges. TROOP 362 Joey Lake Michael Hill Sponsor: Kempsville United Community Methodist Church July 6, 1999 Item IV-H.2. -16- PRESENTATION ITEM # 45199 31~ STREET PROPERTY E. Dean Block Director - Management Services, with the utihzatton of overheads, presented tnformatton relative the 31~ STREET DEVELOPMENT PROJECT. Goals for 31~ Street Project Return Authority (VBDA) Land to Tax Rolls Comprehensive Plan Implementation Neighborhood Protection Catalyst for Corridor Upsale Gateway Anchor/High Quality Hotel Oceanfront Park/Ocean Vista Public Parking Investment Return Evolution Voluntary Request for Proposal Addition al Oceanfront Property Larger 4-Star Hotel/Enlarged Parking DecivZarger Park Approved Term Sheet - September 1998 Acquired Sandier Property Authorized Acquisition/Condemnation of North ~ Block Project Documents THE PAR TNERSHIP PR[FA TE PUBLIC Lease oceanfront property from VBD.4 for 65 Purchase Sandler Property years. Obtain needed rezonings and permits Resubdivtde hotel property Provide $1-MILLION forpark improvements Close Mst Street Stub Obtain private financing and franchise Obtain public input for park destgn agreement Design ad construct hotel/restaurant ~lcquire parking deck land by sale and/or condemnation Construct park to mutually agreed specifications Master lease high quality retail via RFP using $1-MILLION provided Construct out-parcel restaurant and public restrooms Lease 380 spaces in deck Sell Barracuda Bob's per agreement Maintain park and restrooms to standards. Provide entertainment. Finance and construct 800-space parking garage to mutually agreed spectfications, tncludmg 26,000 sq fl retail shell, streetscapes, and elevated walkway to hotel/park. Operate/maintain after completion July 6, 1999 - 18- Item IV-H. 2. PRESENTATION ITEM # 45199 (Continued) 31 STREET PROPERTY Mr. Block introduced Pope Bullock, PrinctpaI Archttect - Cooper Carry Hospitality of Atlanta, who through the utilization of slides, presented the design concept of the Ocean Gateway Park Hotel Designing a good hotel is not enough. The importance of context cannot be understated. There ts an opportunttyfor a beautiful oceanfront park which will form one edge of the resort, a redefined main street (Atlanttc Avenue) to create identity to a strip of shops and storefronts. The goal is to create a new identifiable "heart"for Vtrginia Beach. Mr. Bullock advised the key princtpals in creating the design of a four-star resort hotel: Context must be appropriate for a luxury hotel. Spaces around the hotel must be civic and a guest has a level of comfort in walktng out of the hotel and enjoying the park and Atlantic A venue. Parking deck is an important piece wtth retail at its edges and walls as architecture. The hotel must be oriented towards the pubhc spaces in the park and the ocean. Design a beautiful structure that grows from gtrginia Beach's history and traditions. The Hotel is proposed as a Marriott, a 4-star destination resort, consisting of meeting spaces, restaurants, penthouse floors, spectacular suites, et cetera Mr. Bullock distributed information contatning the concept of the Ocean Gateway Park Hotel. Said informatton is hereby made a part of the record. July 6, 1999 -17- Item IV-H. 2. PRESENTATION ITEM # 45199 (Continued) 31 STREET PROPERTY Mr. Block advised after debt service, the net budget impact for years 1 - I0, would be approximately $10- MILLION. The positive cash.flow commences in year 1 The untque structure of this proposal insures the public retains ownership of all land/expanded site and park Therefore, the longer term lease benefits result in an income for 6$ years. The 31s' Street Redevelopment Project will consist of the largest park on the Oceanfront. The City will not incur any cost to construct or maintain This project wtll significantly furtherparking, hotel quality and gateway goals. The ProJect ts a redevelopment catalyst for the enttre 30'h Street Corridor and beyond. This project links to already programmed Laskin and 3ff~ Street road improvements. The City will issue revenue bonds of approximately $17-MILLION for the acquisition of the property and construction of the parking deck. These are lease revenue bonds and do not represent a drain on the general fund, as they are supported by the direct revenues from the project ttself There is always the risk of greater-than expected loses in thepublicparking garage. This is apubhc service. The success of the hotel will create a positive revenue stream for the City Ctty Council must recognize that the City does not now control the land for the Parking Deck Development cannot proceed until the City does If after the Ctty commits to acquiring the property, circumstances prevent this developer from constructton, the Ctty will have control of the full parking garage block at a cost of +_.$4-MILLION General Timeline Effective Date - On or about July 13 Development agreements signed; deed and funds to escrow for south ~ block July~August, 1999 City proceed with north ½ block acquisition Public input to park design scheduled Overall design of project continues Acquisitton of North 11/2 block triggers timetable 1. Planning Year Complete plans/designs Land-use actions Developer secures funds and franchise 2. Construction - 15 months ANAL YSIS OF PROPOSED 31sr STREET PROJECT Development Partnership Transaction Total City Capital Investment Total City Capttal Investment Oceanfront Land $ 3.10 M Oceanfront Land $ 1.75 M Leased Garage and Land $ 6. 98 M Public Spaces and Land $ 7. 88 M TOTAL $10.08M $ 9 63 M + improvements $ 1 O0 M Total Investment $10 63 M Less: Developer Contribution to Improvements $ (1. O0)M Net Investment $ 9. 63 M Average ,4nnual Net Income ,~fter Debt Service Average ~lnnual Net Loss After Debt Service Years 1 - 10 = $1.32 M Years 1 - 10 = $(275,000) Public Parking, Park and Restrooms July 6, 1999 Item IV-H.2. - 19- PRESENTATION ITEM # 45199 (Continued) 31 STREET PROPERTY The following registered in SUPPORT: John Malbon, 4920 Southern Boulevard, Phone: 499-5977, President -Vtrgtnia Beach Vision Peter Lawrence, Post Office Box 53, Phone: 422-4988, Executtve Director- Resort Leadershtp Council Jimmy Capps, 1503 Atlantic Avenue, Phone: 428-1821, President - Virginia Beach Hotel/Motel Assoctation Bennett Strickland, 12'h Street and Atlantic, businessman and hotel owner at the Oceanfront Nelson Adcock, 1588 Bay Potnt Drive, Phone: 496-3407, represented Hampton Roads Chamber of Commerce, Virginia Beach Division Attorney Thomas R. Frantz, 1016 Curlew Drive, Phone: 473-5311, represented the developer The followtng registered in OPPOSITION: Robert Dean, President- Citizens Action Coalition, Incorporated Douglas E. Thompson, 899 Close Avenue, Phone' 425-2012, 42 year resident Henry Ryto, 864 Old Virginia Beach Road, Phone: 428-2 763 Jack Ferrebee, representing Concerned Inn Keepers Association, comprised of approximately 13 hotel owners in the vicinity of the Oceanfront, 1060 Laskin Road, Phone: 425-2234, requested 90-day deferral Richard Wilburn, Operations Manager - Clarion Pembroke, 4453 Bonney Road, Phone' 473-1700 David Pender, Partner of Ramada Plaza Resort, Phone: 428-7025 Dr Harvey Shiflet, represented 7 Conference Hotels, (Virginia Beach Resort and Conference Center/Holiday Inn - Executive Center/Clarion at Pembroke/Holiday Inn-Sunspree/Founder's Inn~Sheraton/Ramada at 57'h), 1529 Duke of Windsor Road, Phone: 481-0664 Dawson Sterling, represented Marriott at 25'~ Street, 909 Adanka Lane, Phone: 428-19032 Maury Jackson, 1125 Dttchley Road, represented the Citizens Actton Coalition, Inc Joseph H. Morelh, 1511 Pacific Avenue, Phone: 428-4072, resident and private business owner July 6, 1999 Item IV-I. - 20- ORDINANCES/RE$ OL UTION ITEM # 45200 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, Ctty Council APPROVED IN ONE MOTION, Or&nances 1 a/b/c, 2 a/b, 3 (as amended), 4, 5 and 6. Vottng' 11-0 Counctl Members Vottng Aye' Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., Harold Hetschober, Barbara M. Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay' None Counctl Members Absent None July 6, 1999 Item IV-l.l.a. - 21 - ORDINANCES/RES OL UTION ITEM # 45201 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Councd ADOPTED: Ordinance to AMEND the City Code Section 2-451, and, ADD Section 2-452 2 re organizatton, membership and procedures for the appotntment of the Board of Zoning Appeals The City Attorney shall prepare an amendment for the City Council Sesston of July 13, 1998, requiring all Members of the Board of Zoning Appeals to attend an Orientation to be scheduled and programmed by the Ctty Attorney. Vottng' 11-0 (By ConsenO Councd Members Vottng Aye: Ltnwood O. Branch, III, Margaret L. Eure, Wdliam W Harrison, Jr, Harold Hetschober, Barbara M. Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor William D. Sessoms, Jr. and A M "Don" Weeks Council Members Voting Nay: None Council Members Absent' None July 6, 1999 10 11 12 13 14 15 16 17 18 19 20 21 22 23 AN ORDINANCE PROVIDING FOR THE ORGANIZATION, MEMBERSHIP AND PROCEDURES OF THE BOARD OF ZONING APPEALS Section Amended: City Code §2-451 Section Added: City Code §2-452.2 BE IT ORDAINED BY THE COUNCIL OF THE CITY C.F VIRGINIA BEACH, VIRGINIA: That Section 2-451 of the City Code be, and hereby is, amended and reordained, and a new Section 2-452.2 be, and hereby is, added, to read as follows: Sec. 2-451. Definition of boards, commissions and committees. Boards shall be defined as those advisory council- appointive agencies which are prescribed by the Virginia Statc Code as ~boards," as well as locally established bodies, the duty of which pertains to or is governed by federal and state codes or local ordinances. Terms shall be specified and limited in accordance with the applicable federal or state codes or local ordinances or resolutions. Those currently established are as follows: Board of zoning appeals 24 25 26 27 28 29 30 31 32 33 Sec. 2-452.2. Board of zoninq appeals. (a) The board of zoning appeals shall consist of seven (7) regular members and one (1) alternate appointed by the city council; provided, however, that alternates servinq as such on July 1, 1999 sh%ll complete the remainder of their terms. Members and alternates shall be appointed for terms of five (5) years, except that appointments to fill vacancies shall be only for the unexpired portion of the term, and members and alternates may be reappointed to succeed themselves. The qualifications, organization and procedures of the board shall be as set forth in sections 15.2-2308 34 35 36 through 15.2-2314 of the Code of Virqinia, as amended. (b) The accumulation of more than three (3) absences of a member within a qiven calendar year for reasons other than 37 38 39 40 41 42 43 44 45 46 47 48 49 personal illness, the illness or death of a relative, or other circumstances beyond such member's control shall constitute qrounds for removal of such member. (C) The board shall make, alter or rescind rules and guidelines for its procedures consistent with the ordinances of the city and laws of the Commonwealth of Virginia. Adopted by the Council of the City of Virginia Beach, Virginia, on the 6 day of July , 1999. CA-7430 ORDIN\PROPOSED\02-451.ord R-4 June 30, 1999 Item IV-I.l.b.c. - 22 - ORDINANCES/RES OL UTION ITEM # 45202 Upon motton by Vtce Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinances to AMEND the City Code b. Sectton 21-343, assigning new number, Section 21-344, re reimbursement for expenses incurred by any volunteer rescue squad for services rendered approprtate to a parttcular accident or inctdent related to drtvtng while tmpaired. c. Section 23-46, replacing references re Nuisances generally to speci~c departments with the term, "Ctty Manager" Voting: 11-0 (By ConsenO Council Members Voting Aye' Linwood 0 Branch, IlL Margaret L. Eure, William W Harrison, Jr, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlliam D Sessoms, Jr and A M "Don" Weeks Councd Members Voting Nay: None Council Members Absent: None July 6, 1999 AN ORDINANCE TO AMEND SECTION 21-343 OF THE CITY CODE PERTAINING TO REIMBURSEMENT FOR EXPENSES OF DRIVING WHILE IMPAIRED BY CHANGING THE SECTION NUMBER TO 21-344 SECTION AMENDED: § 21-343 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: That Section 21-343 of the City Code entitled "Reimbursement 10 for expenses of driving while impaired" is hereby amended and 11 reordained as follows: 12 13 14 Sec. 21-34~. Reimbursement for expenses of driving while impaired. 15 (a) Any person who is convicted of violation of section 16 21-336 or section 6-122 of this Code, or of section 18.2-266 or 17 section 29.1-738 of the Code of Virginia, when his operation of a 18 motor vehicle, engine, train or watercraft while impaired is the 19 proximate cause of any accident or incident resulting in an 20 appropriate emergency response, shall be liable in a separate civil 21 action to the city, and to any volunteer rescue squad, which may 22 provide such emergency response for the reasonable expense thereof, 23 in an amount not to exceed one thousand dollars ($1,000.00) in the 24 aggregate for a particular accident or incident. 25 (b) As used in this section, "appropriate emergency response" 26 includes all costs of providing law-enforcement, firefighting, 27 rescue, and emergency medical services. 28 (c) The provisions of this section shall not preempt or limit 29 any remedy available to the commonwealth, the city, or any 30 volunteer rescue squad to recover the reasonable expenses of an 31 emergency response to an accident or incident not involving 32 impaired driving or operation of a vehicle as set forth herein. 33 (d) No policy or contract of bodily injury or property damage 34 liability insurance relating to the ownershmp, maintenance, or use 35 of a motor vehicle, engine, train, motorboat, or watercraft issued, 36 or issued for delivery, in the commonwealth shall ensure against 37 any civil liability under this section. 38 39 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 6 day of July 1998. 40 41 42 43 CA-7431 DATA/ORD IN/PRO POSED / 21 - 343. ORD R3 June 28, 1999 AN ORDINANCE TO AMEND SECTION 23-46 OF THE CITY CODE PERTAINING TO NUISANCES GENERALLY BY REPLACING REFERENCES TO SPECIFIC DEPARTMENTS WITH THE TERM CITY MANAGER SECTION AMENDED:§ 23-46 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 23-46 of the City Code is hereby amended and 9 reordained to read as follows: 10 Sec. 23-46. Nuisance generally. 11 (a) For purposes of this section, the term "city manaqer" 12 shall mean the city manaqer or such other employee of the city as 13 may be desiqnated by the city manaqer to perform the duties 14 described in this section. 15 (eh) Except as otherwise provided in this Code or other 16 ordinances of the city, it shall be unlawful for any person to 17 cause, create, allow, permit or maintain, upon any land or premises 18 in the city in his possession or under his control, any public 19 nuisance or any condition injurious to the public health or morals 20 or endangering the life or property of others, including, but not 21 limited to, the accumulation of stagnant water or any offensive, 22 unwholesome, unsanitary or unhealthy substances. In addition to the 23 foregoing, any condition of any land or premises which provides 24 cover or harborage for rodents or vermin or breeds flies or 25 mosquitoes, without proper treatment, shall constztute a public 26 nuisance. 27 (~) Upon a determination by any onc of the diractcrs of the 28 29 30 31 .... ~-'..,z,~,-~ city manaqer, that there exists on any land or premises 33 within the city a public nuisance as set forth in subsection (a) 34 hereof, notice shall be served on the owner of such land or 35 premises or his agent, or on the occupant thereof, or both, to 36 abate or remove such public nuisance from such land or premises 37 within seven (7) days from the date of such notice. Provided, 38 however, in the event the public nuisance involves the release or 39 accumulation of a hazardous substance requiring response by the 40 hazardous materials team of the Virginia Beach Fire Department to 41 undertake measures to contain such substance or abate or otherwise 42 mitigate the effects thereof upon the health or the environment, 43 the notice requirement provided herein shall not apply. 44 (ed) Service of the notice provided for in subsection (b) 45 shall be by first-class mail, personal delivery or posting in a 46 conspicuous place upon the land or premises; provided, however, 47 that if the land or premises are unoccupied and the owner or his 48 agent cannot be found by the exercise of due diligence or are 49 unknown, such notice shall be sufficient against the owner if given 50 by first-class mail to the owner's last known mailing address and 51 posted in a conspicuous place upon the land or premises. The 52 54 to deliver or post such notice. 55 (~e) A violation of any of the provisions of this section, or 56 failure to comply with the terms of a notice issued and served as 57 provided in this section within the time prescribed in such notice, 58 shall constitute a class 2 misdemeanor. In addition to any 59 penalties imposed hereunder, the city may institute legal action to 60 enjoin the continuing violation of this section and may remove or 61 contract for the removal of such public nuisance, in which event 62 the cost and expenses thereof, including an administrative fee in 63 the amount of one hundred dollars ($100.00), shall be chargeable to 64 and paid by the owner or occupant of the land or premises. Any such 65 charge which is not paid within thirty (30) days of the date or 66 which is billed to the person or persons named in the notice may be 67 collected by an action at law or in any manner provided by law for 68 the collection of taxes. 69 70 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 6 day of July , 1999. 71 72 73 74 CA- 74 02 DATA/ORDIN/PROPOSED/23-046. ORD R1 PRE PARED: June 14, 1999 Item IV-2a.b. - 23 - ORDINANCES/RES OL UTION ITEM # 45203 Upon motton by Vice Mayor Sessoms, seconded by Councilman Branch, Ctty Counctl ADOPTED: Ordinances to ACCEPT and APPROPRIATE Grants to the FY 1999- 2000 Operating Budget of the Department of Housing and Neighborhood Preservation and increasing esttmated revenues accordingly: $472,500 from the U.S. Department of Housing and Urban Development (HUD) re Section 8 Housing Vouchers to persons with disabilities b. $37,161 from the Southeastern Virginia Job Training Administration (SVJTA) re personnel and operating costs for the CARE Youth Leadership Camp Voting' 11-0 (By ConsenO Council Members Vottng Aye: Linwood O. Branch, III, Margaret L. Eure, Wtlham W Harrtson, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vtce Mayor Wtlham D. Sessoms, Jr. and A M "Don" Weeks Counctl Members Voting Nay: None Council Members Absent. None July 6, 1999 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT IN THE AMOUNT OF $472,500 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO THE FY 1999-2000 OPERATING BUDGET OF THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION FOR THE PURPOSE OF PROVIDING SECTION 8 HOUSING VOUCHERS TO PERSONS WITH DISABILITIES 11 WHEREAS, the Virginia Beach Department of Housing and 12 Neighborhood Preservation receives Federal grant funding through 13 the Mainstream Housing Opportunities for Persons with Disabilities 14 program administered through the U.S. Department of Housing and 15 Urban Development; 16 WHEREAS, the City has received a notice of award for 17 grant funding in the amount of $472,500 to provide vouchers for 18 mainstream housing to eligible individuals or families with 19 disabilities. 2O NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 1. That a grant in the amount of $472,500 from the U. 23 S. Department of Housing and Urban Development is hereby accepted 24 and appropriated to the FY 1999-2000 Operating Budget for the 25 Department of Housing and Neighborhood Preservation for the purpose 26 of providing Section 8 housing vouchers to persons with 27 disabilities. 28 2. That estmmated revenue from the federal government 29 is hereby increased in the amount of $472,500 for FY 1999-2000. 30 31 32 Adopted by the Council of the City of Virginia Beach, Virginia, on the 6 day of July , 1999. 33 34 35 36 37 38 39 Requires an affirmative vote by a majority of the members of City Council. CA-7423 NONCODE~VOUCHER.ORD R Prepared: June 29, 1999 40 41 42 APPROVED AS TO CONTENT: 43 44 45 46 APPROVED AS TO LEGAL SUFFICIENCY: 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT IN THE AMOUNT OF $37,161 FROM THE SOUTHEASTERN VIRGINIA JOB TRAINING ADMINISTRATION TO THE FY 1999-2000 OPERATING BUDGET OF THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION FOR THE PURPOSE OF PROVIDING PERSONNEL AND OPERATING COSTS FOR THE CARE YOUTH LEADERSHIP CAMP 11 WHEREAS, the City of Virginia Beach Department of Housing 12 and Neighborhood Preservation has sponsored the CARE Youth 13 Leadership Camp for children from four to twelve years old since 14 1993; 15 WHEREAS, the City and the School Administration jointly 16 operate and receive annual funding for peer counselors, teachers, 17 bus drivers, and related travel expenses for the CARE Youth 18 Leadership Camp; and 19 WHEREAS, the City will receive funding directly from the 20 Southeastern Virginia Job Training Administration for the personnel 21 and operating costs of the CARE Youth Leadership Camp; 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 That a grant in the amount of $ 37,161 is hereby accepted 25 from the Southeastern Virginia Job Training Administration and 26 appropriated to the FY 1999-2000 Operating Budget of the Department 27 of Housing and Neighborhood Preservation for the purpose of 28 providing personnel and operating costs for the CARE Youth 29 Leadership Camp. 3O BE IT FURTHER ORDAINED: 31 That estimated revenue from the state is hereby increased 32 in the amount of $37,161. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the 6 day of July , 1999. 35 36 37 38 39 CA- 7424 NONCODE / LEADCAMP . ORD R-2 Prepared: June 17, 1999 40 41 42 APPROVED AS TO CONTENT: Manag ment Services 43 44 APPROVED AS TO LEGAL SUFFICIENCY: 45 46 ~'W Department~' - '~ % IIIIIIII U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Section 8 Financial Management Center 2345 Grand Boulevard Kansas C~ty, MO 64108-2603 Mr. Andy Freedman Executive Director City of Virginia Beach Bldg. 18A/2424 Courthouse Dr. Virginia Beach, VA 23456 HUD Home Page' www hud gov MAY 1 7 1999 SUBJECT: Annual Contributions Contract (ACC) Amendment Funding Increment Numbers: VA039CEOF04 and VA039VO0006 Dear Mr. Freedman: Enclosed please find a fully executed copy of the subject amendment to the ACC. As you have previously executed the revised Consolidated Annual Contributions Contract, we are providing you with this letter of notification and a copy of the revised contract exhibit. Please retain these for your records. Please note the information listed below: VA039CEOF04: This increment is for an FSS Coordinator covering the period of July 1, 1998 to June 30, 1999. Both the Annual Budget Authority and total Budget Authority is for $32,156. VA039VO0006: This increment is for the Mainstream Program. The increment will run from March 1, 1999 to February 29, 2000. The FHA was awarded~s and the Annual Budget Authority and total Budget Authority is $472,500. As you have previously executed the revised CACC (HUD 52520 dated 12/97), we are providing you with this letter of notification, the amendment to the CACC (HUD 52520A) and a copy of the contract exhibit. Disclosure of Lobbying Activities, SF-LLL, must be completed (if applicable) for all HA's receiving $100,000 or more in budget authority. This form must disclose any payment made, or agreement to make a payment, with other than federally appropriated funds for influencing or attempting to influence executive or legislative branch personnel in connection with renewal funding. The HA is also required to complete HUD 50071, Certification of Payments to Influence Federal Transactions, certifying that it has not and will not make any prohibited payment from federally appropriated funds. The HA does not need to submit the above forms if they have previously submitted the disclosures during the current HA fiscal year. If you have any questions, please contact Stefanie E. Gorby, Financial Analyst, at (304) 347-7013 or toll free at (888) 404-3893, Extension 1005. Sincerely, Bernice C. Unland Director Enclosure Consolidated Annual Contributions Contract U.S. Department of Housing and Urban Development Office of Public and Indian Housing · Rental Certificate and Rental Voucher Programs Section 8 HUD NOTICE TO HOUSING AGENCY AMENDING CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT Housing Agency: Citv of Virainia Beach. Deot., of Housina (Type or print name of housing agency.) In accordance with Paragraph 2.c. of the Consolidated Annual Contributions Contract between HUD and the HA, you are notified that the funding exhibits of the Consolidated Annual Contributions Contract are hereby revised to add a new funding increment as provided in the attached revised funding exhibits A and B. (This notice adds one or more funding increments listed on the attached funding exhibits.) Revised funding exhibits A and B are attached to this HUD notice. These revised funding exhibits replace and revise the prior funding exhibits. In accordance with Paragraph 2.d. of the Consolidated Annual Contributions Contract, this HUD notice and the attached funding exhibits constitute an amendment to the Consolidated Annual Contributions Contract. United States of America Secretary of Housing and Urban Development Signature of Authorized Representative Date s~gned' MAY 1 ? 1999 Name & Official Title: Bernice C. Unland, Director Section 8 Financial Management Center Form HUD-52520A (12/911 ~0~ O~ · E~ 0 ~E~ O0000 00000 ~0000 00000 00000 0 r~ o ~H r~o HO n~ ~oo 0000 0000 MMMM oooo Disclosure of Lobbying Activities Complete this form to disclose lobbying actiwties pursuant to 31 U S.C. 1352 (See reverse side for Instructions ) Approved by OMB 0348-004(, Pubhc Report, ng Burden for th~s collechon of information is estimated to average 30 m~nutes per response, includ,ng the hme for rewew~n~l tnstruct, ons, searching ex, st,ng data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Please do not return your completed form to the Office of Management and Budget; send ~t to the address provided by the sponsonng agency. 1. Type of Federal Action(enter appropriate letter) F---] a. contract b. grant c. cooperative agreement d. loan e. loan guarantee f loan insurance 2. Statue of Federal Action (enter appropriate letter) [---] a. bid/offer/application b. initial award c. post-award 3. Report Type (enter appropriate letter) a initial filing [--~ b. matedal change For Material Change Only year querier date of last repod 4. Name and Addresa of Reporting Entity ~-~Pnme ~ Subawardee Congressional District, if known 6. Federal Department/Agency 8. Federal Action Number, if known Tier , if known 5. If Reporting Entity in No. 4 i, Subawardee, enter Name and Address of Prtrm Congresaional District, if known 7. Federal Program NameJDeacription CFDA Number, if applicable g. Award Amount, if known $ 10a. Name and Addrese of Lobbying Reglea'ant (if individual, last name, first name, MI) b. Individuale Performing Servlese (including addross if differentfmm No. lOa.~ (last name, first name, MI) 11. Information requested through this form is authorized by Sec.319, Pub. L. 101-121,103 Stat. 750, as amended by sec. 10; Pub. L. 104- 65, Stat. 700 (31 U.S.C. 1352). This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Federal Use Only Signature Print Name Telephone No. Date Standard Form-LLL (1/96!, I Instructions for Completion of SF-LLL, Disclosure of Lobbying Actiwties This d~sclosure form shall be compl~tecJ by the reporting entity, whether subawardee or pnme Federal recipient, at the ~n~tiation or receipt ol covered Federal acbon, or a matedal change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for ea_ payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agene, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with a covered Fede~ action. Complete all items that apply for both the initial filing and matenal change report. Refer to the implementing guidartce published by th Office of Management and Budget for add~tional informatmn. 1 Identify the type of covered Federal action forwhich lobbying actJvity is and/or has been secured to ~nfluence the outcome of a covered Federal action. 2. Identify the status of the covered Federal actiort. 3. Idenbfy the appropriate classification of this report. If this ~s a followup report caused by a matenal change to the information prevIously reported, enter the year and quarter ~n which the change occurred. Enter the date of the last previously submitted report by this reporting entity for th~s covered Federal action. 4 Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional Distnct, ~f known. Check the appropnate classification of the reporting entity that designates If it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the pdme is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5.If the organization filing the report in item 4 checks "Subawardee", then enter the full name, address, city, state and zip code of the pdme Federal recipient, Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, ~f known. For example, Department of Transportation, Un~ted States Coast Guard. 7. Enter the Federal program name or description for the cover~. Federal action (item 1). If known, enter the full Catalog of Feder~ Domestic Assistance (CFDA) number ior grants, cooperative agr~ ments, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available fc the Federal action identified in ~tem 1 (e.g., Request for Proposal (RFP number;, Inv~tation for Bid (IFB) number;, grant announcement numbi~ the contract, grant, or loan award number;, the application propo,.;~ control number assigned by the Federal agency). Include prefixE;,.. e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or Ioa~ commitment by the Federal agency, enter the Federal amount of ti award/loan commitment for the pdme entity identified in item 4 or 5 10. (a) Enter the full name, address, city, state and zip code of ti registrant under the Lobbying Disclosure Act of 1995 engaged by ti reporting entity identified in item 4 to influence the covered Fede~, action. (b) Enter the full names of the individual(s) performing services, a~.. include full address if different from 10 (a). Enter Last Name, Fi~'.=. Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, pnnt his/he~ name, title, and telephone number. Authorized for Local Reproductlo~ Standard Form-LLL Certification of Payments to Influence Federal Transactions · -'1'~,' ' . '],.it Apphcant Name Program/Activdy Receiving Federal Grant Funding U.S. Department of Housing and Urban Development Office of Public and Indian Housing The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connec- txon with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been pad or will be paid to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or au employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. (3) The undersigned shall require that the language of thk,. certification be included in the award documents for all subaward,. at ail tiers (including subcontracts, subgrants, and cont~act~,. under grants, loans, and cooperative agreements) and that al'l subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which, reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making, or entering into this transaction imposed by Section 1352, Title, 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statementa. Conviction may result in criminal and/or civil penalties. (18 U S.C. 1001, 1010, 1012, 31 U.S.C. 3729, 3802) Name of Authorized Offictal Tale S~gnature Date Previous edition is obsolete form HUD 50071 (3/98[ ref. Handboooks 7417.1,7475.13, 7485.1, & 7485.,~ SOUTHEASTERN VIRGINIA JOB TRAINING ADMINISTRATION CIRCLE EAST OFFICE BUILDING · SUITE 223 - 861 GLENROCK ROAD · NORFOLK, VIRGINIA 23502 · TELEPHONE (757) 461-3945 t May 21, 1999 Ms Malissia Lee Neighborhood Services Supervisor Department of Housing and Neighborhood Preservation Municipal Center Building 18A 2424 Courthouse Drive Virginia Beach, VA 23456-9063 Dear Ms. Lee This is to formally advise you that the Southeastern Virginia Job Training Administration (SVJTA) Private Industry and Policy Councils, at their May 19, 1999 joint meeting, approved Program Year 1999 (PY'99) funding for your proposed program(s), as listed on the attached chart The specific program(s), total number of participants to be served and preliminary funding levels, as approved, are indicated on this chart. The Councils' approval, as indicated, is subject to budget and other contractual negotiations SVJTA staff will be in contact with you shortly to arrange for a meeting at which these and other issues will be negotiated and a formal contract developed Also be advised that you may not incur costs for which you will be seeking payment from SVJTA until such time as a contract has been developed and formally executed. As you know, the Private Industry Council (PIC) reconsideration process is available to those applicant agencies who wish to have the funding decisions related to their specific program proposals reconsidered by the Councils If you would like to avail yourself of this opportunity to have these matters reconsidered, please read the attached procedure carefully and follow the instructions contained therein. We look forward to working with you during the upcoming year in providing training and employment services for eligible local area students Rick Sciuilo Executive Director RS le Attachments Equal Opportunity Employer CITIES OF CHESAPEAKE- FRANKLIN- NORFOLK- PORTSMOUTH. SUFFOLK & VIRGINIA BEACH AND COUNTIES OF ISLE OF WIGHT AND SOUTHAMPTON wO 0 I- n,' z Z -J ~ ~ --~ -- 0 '~' ' 0 z 0 m 0 0 · -r ~ 0 'T' 0 'T' ~ ~ 0 0 o I-- ~ 0 -r 0 _j U..I -- ; LU Z I-- 0 I- (.9 ~; < w ~ z rr 0 ~0 I-- ~ ~ "r 0 0 ---- {-) LU :D O ~ F- O o U n ' :s I- 0 _~ n, 0 0 0 I-- ~ w IJJ -- -- T _----J rr 0 ~D ~ W W ILl ILl I.l.I tl.I UJ o O) Z 0 LU 0 ~ I-- D Z (0 m ~0 0 SOUTHEASTERN TIDEWATE~ P~I~AT~ INDUSTRY COUNCIL RECONSIDERATION PROCESS FOR Whereas, the Southeaster~ TSd~A~ g~,~.,~l~ht9 I dustry Council (SET PIC), under the Job Training"l~artne~~t (JTPA), PL97-300, has the responsibility, in conjunction with the Southeastern Virginia Job Training Administration (SVJTA) Policy Council, of selecting service providers in this service delivery area from among various applicants, and Whereas, it is the desire of SET PIC to voluntarily provide an informal process for any applicant who submits a proposal which is not accepted for funding, to have a right to request reconsideration of such action by the SET PIC. Now, therefore, the following resolution is adopted: Reconsideration Process for Grant Applicants 1. If a grant application is not accepted by the SET PIC for funding, the Executive Director of SVJTA shall formally notify the applicant agency of such action within five ($) working days of the final decision. Such notice shall contain a copy of this procedure, as will the initial grant application package itself. 2. In the event the applicant desires reconsideration of the grant application, such applicant shall file a written request for reconsideration with the Executive Director of SVJTA within five (5) working days of notification of the decision. 3. Upon filing of such written request, the Executive Director shall within five (5) working days of receipt of such requests, notify the Chairperson of the SET PIC. The Chairperson shall within five (5) working days of such notification, appoint an Ad Hoc Committee for the purpose of informally meeting with the applicant to discuss the request for reconsideration. % 4. The Chairperson of the Ad Hoc Committee, appointed by the SET PIC Chairperson, shall then set a time for a conference with the applicant to be held within ten (10) working days or as expeditiously as possible thereafter. 5. Said conference shall be informal, and shall be restricted to the Ad Hoc Committee, the applicant and SVJTA staff as requested by the Chairperson of the Ad Hoc Committee. 6. The Committee shall allow, under procedures to be set by the Committee Chairperson, the applicant to submit either orally or in writing, any additional information not previously submitted, relating to the application. 7. The Committee shall, at the next regularly scheduled meeting of the SET PIC after the conference, report to the SET PIC the result of any vote taken as to whether to recommend reconsideration and the reasons for any such recommendation. 8. The full SET PIC shall, in accordance with its By-Laws, consider such recommendation and act as it deems appropriate. 9. Nothing contained in this procedure shall create a right to funding or a right of appeal if the Ad Hoc Committee does not, in its sole discretion, recommend the application be reconsidered by the full SET PIC. Itetn IV-I.$. - 24 - ORDINANCES/RES OL UTION ITEM # 45204 Upon motton by Vice Mayor Sessoms, seconded by Councilman Branch, Ctty Counctl ADOPTED, AS AMENDED: Resolutton re a planmng study for destgn and construction of a 90-bed Secure Juvenile Detention Facility; and, authortze the City Manager to submit same for State approval and reiterate the City's request for maxtmum financtal support for the project This Ordtnance shall be amended to state tn Sectton 3, on hne 28 3. "The Ctty hereby reiterates its request for ;;;ax;;;;ur,; at least fifty percent (50%) State financtal support for this project" Voting: 11-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L Eure, Wtlliam W Harrtson, Jr, HaroM Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor Wdliam D. Sessoms, Jr and A. M "Don" Weeks Council Members Voting Nay: None Council Members Absent' None July 6, 1999 A RESOLUTION APPROVING THE PLANNING STUDY FOR DESIGN AND CONSTRUCTION OF A 90-BED SECURE JUVENILE DETENTION FACILITY WHEREAS, since its inception in 1994, the juvenile 6 detention facility project has evolved from a 45-bed facility 7 (expandable to 75-beds) to a 60-bed facility (expandable to 75- 8 beds) and currently to a 90-bed facility; WHEREAS, on January 12, 1999, the City Council passed an 10 11 ordinance to expand the detention center project design from 60 beds to 90 beds, with the provision that construction of the 90-bed facility was 12 contingent upon a commitment by the State to provide reimbursement of 13 half the project's construction costs; 14 WHEREAS, given the change in the detention center project 15 from 60-beds to 90-beds, the State required the City to do a new 16 planning study for a 90-bed facility, which has been performed; 17 and 18 WHEREAS, the City must enact a resolution approving the 19 planning study and requesting funding participation by the State; 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 1. The City Council hereby approves the planning study 23 for a 90-bed secure juvenile detention facility to be located in 24 Virginia Beach. 25 2. The City Manager is hereby authorized to submit the 26 planning study to the State Department of Juvenile Justice and 27 Board of Juvenile Justice for approval. 28 3. The City hereby reiterates its request for at least 29 50% State financial support for this project. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia, on the 6 day of July , 1999. 32 33 34 35 CA-7432 ORDIN\NONCODE\JUVDETg0 BED.RES JULY 7, 1999 R3 Item IV-I.4. - 25 - ORDINANCES/RES OL UTION ITEM # 45205 Upon motion by Vice Mayor Sessoms, seconded by Councdman Branch, City Council ADOPTED: Resolutton of support for the King William Reservoir as a safe, rehable and adequate water supply for the Northstde Hampton Roads and request the U. S. Corps of Engtneers to expedtttously grant the Ctty of Newport News a Department of the Army permit for constructton of the project. (Requested by Mayor Meyera E. OberndorJ) Voting' 11-0 (By ConsenO Councd Members Voting Aye' Linwood O. Branch, III, Margaret L. Eure, William W. Harrtson, 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 A M "Don" Weeks Council Members Voting Nay' None Councd Members Absent. None July 6, 1999 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 RESOLUTION SUPPORTING THE KING WILLIAM RESERVOIR AND REQUESTING THAT THE CORPS OF ENGINEERS ACT EXPEDITIOUSLY TO GRANT THE CITY OF NEWPORT NEWS A DEPARTMENT OF THE ARMY PERMIT FOR CONSTRUCTION OF THE RESERVOIR WHEREAS, in 1984, the Corps of Engineers released the results of a nine-year, congressionally - mandated, Water Supply Study which found that northside of Hampton Roads, which mncludes the City of Newport News and a number of surrounding jurisdictions, would need an additional 40 mgd of water supply by the year 2030; and WHEREAS, mn 1988, the Virginia State Water Control Board released the James [River Basin] Water Supply Plan which also found that the northside Hampton Roads would need an additional 35-40 mgd by the year 2030; and WHEREAS, the City of Newport News is the principal regional water supplier for northside Hampton Roads, and the governmental entity that is responsible for both the development of new water supplies and the consequences to its residents and the other citizens of the Commonwealth that are dependent upon the Newport News water system; and WHEREAS, Newport News and the Regional Raw Water Study Group (RRWSG), have determined a need for 39.8 mgd by the year 2040, but have reduced that need through a combination of conservation and development of groundwater supplies, to 23.2 mgd; and WHEREAS, the City of Newport News, in cooperation with the RRWSG, has identified the King William Reservoir as the most approprmate alternative, overall, and has expended approximately 12 years and $12 million attempting to implement the project; and WHEREAS, the Norfolk District Corps of Engineers issued a Draft Environmental Impact Statement (DEIS) in February 1994 and a Supplement to the DEIS in December 1995 which affirmed the need for the project; and WHEREAS, the Virginia Department of Environmental Quality issued a Virginia Water Quality Protection Permit and 401 Certificate for the King William Reservoir in 1997; and WHEREAS, on June 4, the Norfolk District Corps of Engineers 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 released a letter indicating its preliminary position to deny the request of Newport News, on behalf of the RRWSG, for a Department of the Army Permit for the King William Reservoir; and WHEREAS, in reaching that determination, the Norfolk District Corps relied heavily upon the results of a study by the Corps' Institute of Water Resources (IWR) in Alexandria, which used conservative estimates of growth and optimistic estimates of conservation to conclude that northside Hampton Roads did not need as much water as Newport News had projected; and WHEREAS, if the conservative estimates of population growth and optimistic estimates of water conservation in the IWR report turn out to be incorrect, then projects developed based upon the IWR projections will be inadequate and Newport News and the northside Hampton Roads region will bear the financial and quality of life consequences that come from having inadequate supplies; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City of Virginia Beach, having suffered through two decades of water shortages, including all the political, financial, and quality of life issues that are attendant to such shortages, supports the development of the King Wlll~am Reservoir as a safe, reliable and adequate water supply for northside Hampton Roads. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: That the Corps of Engineers is requested to reconsider the issue of the need for additional water on the norths~de of Hampton Roads recognizing the responsibility that Newport News bears for both the development of an adequate water supply and the consequences that will occur if that supply is inadequate. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: That the Corps of Engineers zs hereby requested to act 72 73 expeditiously to issue a Department of the Army permit for the construction of the King William Reservoir. 74 75 76 77 78 79 the Adopted by the City Council of the City of Virginia Beach on 6 day of July 1999 CA-7426 w/nmkordresknnews, res R-1 June 17, 1999  ROVED AS TO COl',~,~i'$ DEPARTMENT rApPROVED AS TO LEGAL · [SUFFICIENCY AND FORM .. '--"' ,,/ C!T~"-/,,,TT'~O~ Item IV-I. 5. - 26- ORDINANCES/RES OL UTION ITEM # 45206 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Council ~4PPROVED: CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Tom's Limo Service Voting' 11-0 (By ConsenO Council Members Voting .4ye' Linwood O. Branch, III, Margaret L Eure, Wdliam W Harrison, Jr, Harold Hetschober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wtlliam D Sessoms, Jr. and.4 M. "Don" Weeks Council Members Voting Nay: None Councd Members .4bsent' None July 6, 1999 Item IV-I. 6. -27- ORDINANCES/RES OL UTION ITEM # 4520 7 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED: REFUNDS a. License Refunds $39,946.63 b. Tax Refunds Voting' 11-0 (By Consent) Councd Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, William W. Harrtson, Jr, Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor Wilham D Sessoms, Jr and A M. "Don" Weeks Councd Members Voting Nay: None Councd Members Absent: None July 6, 1999 FORM NO C A 8 REV 3,'86 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following apphcabons for hcense refunds, upon certification of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID SOUTHERN ENTERTAINMENT OF VA INC SUPER FRESH STORES OF VA INC WORLD RECYCLING OFFICE SYSTEMS 1999 06/04/99 49 13 0 oo 49 13 1999 06/04/99 562 88 0 00 562 88 1999 06/04/99 420 68 0 oo 420 68 Certified as t~ paxy~m,~n~j/ Ph~l~l~ J I~ella~ Commissioner of the Revenue Approved as to form This ordinance shall be effective from date of adopbon The above abatement(s) totaling C~ty of Virgima Beach on the $1,032.69 Sixth Leshe L Ldley C~ty Attorney were approved by the Councd of the day of July ,19 99 Ruth Hodges Smith C~ty Clerk FORM NO C A 6 REV 3/66 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 apphcatlons for license refunds, upon ced. lflcabon of the Comm~smoner of the Revenue are hereby approved NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID ADVENTURE PARASAIL INC ATLANTIC SHORES SEAFOOD INC B & D TRAILERS INC BIG CHARLIES TRUCK PLAZA INC BOB MABRY & ASSOCIATES INC CARTWRIGHT ASSOCIATES INC CHERIN JACK 1 DDS FABRION OF TIDEWATER INC FIDELITY SOUND REINFROCEMENT INC FIRST COLONIAL FAMILY PC GIBSON WORLD TRAVEL OF VA GIGLIOTTI FRANK B DDS PC H RYAN & SONS LTD JOHNSON MARGIE P KELLAM & EATON INC KIS BUSINESS COMPUTER CENTER INC LOIZOU GEORGE E LOIZOU INC M & M PARTNERSHIP MANUEL CAROL S NICHOLS HARRY DAVID P H INDIA GIFT SHOP INC PAULSON & NUCKOLS PLC POWERBILT STEEL BUILDINGS INC REHABILITATION UNLIMITED INC SIGNAL CORPORATION 1999 06/04/99 82 69 0 oo 82 69 1999 06/04/99 463 07 0 oo 463 07 1999 05/28/99 43 98 0 oo 43 98 1999 06~04~99 564 81 0 oo 564 81 1999 05/28/99 69 76 0 oo 69 76 1999 06/04/99 36 58 0 oo 36 58 1999 05/28/99 302 77 0 oo 302 77 1999 05~27~99 46 96 0 oo 46 96 1999 06/04/99 83 50 0 oo 83 50 1999 06/04/99 2,256 22 0 oo 2,256 22 1999 05~28~99 193 85 0 oo 193 85 1999 05/28/99 1,101 01 0 oo 1,101 01 1999 06/07/99 312 50 0 oo 312 50 1999 06~04~99 10 12 0 00 10 12 1999 05/28/99 73 92 0 00 73 92 05/10/99 AUDIT 20,464 22 3,434 94 23,899 16 1999 06/04/99 921 48 0 00 921 48 1999 06/04/99 2,352 77 0 00 2,352 77 1999 06/04/99 181 83 0 00 181 83 1999 06/04/99 10 00 0 00 10 00 1999 06/10/99 3 88 0 00 3 88 1999 06/04/99 146 01 0 00 146 01 1999 06/10/99 25 51 0 00 25 51 1999 06~04~99 238 39 0 00 238 39 1999 05/28/99 44 91 0 00 44 91 1999 06/04/99 1,853 25 0 00 1,853 25 This ordinance shall be effective from date of adoption The above abatement(s) totahr~j C~ty of V~rg~ma Beach on the $35,318 93 Sixth Philip J 'f/,,ell~rr{~'''~ ' Comm~smoner of the Revenue C~ty Attorney were approved by the Council of the July 99 day of ,19 Ruth Hodges Smith City Clerk FORM NO C A_ 8 REV AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following apphcatlons for I~cense refunds, upon certification of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID STEVEN L ADVOCAT 1999 ALPHABUILD INC 05/26/99 CAPPS BOAT WORKS INC 1999 DARDEN JOHN CURRAN 1999 FEE HARRY A DPM PC 06~04~99 KLINEFELTER SUE WILLIAMS 1999 SENTARA ALTERNATIVE DELIVERY SYSTEM IN 1999 STAFFORD THOMAS A 1999 SSH CORP 06/04/99 TIDEWATER TREATS INC 06/04/99 WASHBURN PAMELA 06~04~99 WISE RECYCLING LLC 1999 05/12/99 37 59 0 oo 37 59 AUDIT 10 00 0 00 10 00 05/21/99 70 39 0 00 70 39 06/08/99 5 00 0 00 5 00 AUDIT 771 51 83 55 855 06 06/09/99 8 87 0 00 8 87 06/10/99 153 44 0 00 153 44 06/10/99 1,810 04 0 00 1,810 04 AUDIT 10 Q0 0 00 10 00 AUDIT 566 72 46 33 613 05 AUDIT 11 07 0 00 11 07 04/23/99 10 50 0 00 10 50 This ordinance shall be effecbve from date of adopbon. The above abatement(s) totaling C~ty of Virginia Beach on the $3,595 01 Sixth Philip ~J'/Kel~rff' -- Commissioner of the Revenue .-'E'eshe ['- Ldley CRy Attorney were approved by the Councd of the day of July ,19 99 Ruth Hodges Smith C~ty Clerk AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That the following applications for tax refunds upon certification of the Treasurer are hereby approved NAME Hudson, William & Julle F 1999 Woolard, Norwood L & Mary L 1997 Woolard, Norwood L & Mary L 1997 Lamhan, James Francis et al 1999 Giles, Donald E & Carolyn E 1997 Giles, Donald E & Carolyn E 1997 Giles, Donald E & Carolyn E 1996 Giles, Donald E & Carolyn E 1996 Giles, Donald E & Carolyn E 1998 Giles, Donald E & Carolyn E 1998 Fink, Russell A & Melody B 1996 Fink, Russell A & Melody B 1996 Fink, Russell A & Melody B 1997 Fink, Russell A & Melody B 1997 Fink, Russell A & Melody B 1998 Fink, Russell A & Melody B 1998 Fink, Russell A & Melody B 1999 Abbott, Mildred A 1999 Abbott, Mildred A 1996 Abbott, Mildred A 1996 Abbott, Mildred A 1997 Abbott, Mildred A 1998 Abbott, Mildred A 1998 Muse, Maude M 1996 Muse, Maude M 1996 Muse, Maude M 1997 Muse, Maude M 1997 Muse, Maude M 1998 Muse, Maude M 1998 Hoover, George Jr & Sarah B 1998 Johnson, Jeanne S Trustee C/o Affordable Properties 1998 Johnson, Jeanne S Trustee C/o Affordable Properties 1998 Matter, F J Designs 1999 Prauser, Han J & Sonla C 1997 Prauser, Han J & Soma C 1997 Prauser, Han J & Sonla C 1998 Prauser, Han J & Soma C 1998 Benevento, Robert F 1999 Heuneman, Richard M 1998 Home, Cheryl K 1999 Bell, Richardson C SR Trustee 1996 Bell, Richardson C SR Trustee 1996 Bell, Richardson, C Sr Trustee 1997 Bell, Richardson, C Sr Trustee 1997 Bell, Richardson, C Sr Trustee 1998 Bell, Richardson, C Sr Trustee 1998 Barrlnger, Robert A & Rosemary 1997 Barnnger, Robert A & Rosemary 1997 Bamnger, Robert A & Rosemary 1998 Barrlnger, Robert A & Rosemary 1998 Barrlnger, Robert A & Rosemary 1996 Barrlnger, Robert A & Rosemary 1996 New Beginnings Church of Christ C/o Clinton, Platt, Trustee 1997 New Beglnmngs Church of Christ C/o Chnton, Platt, Trustee 1998 New Beginnings Church of Christ C/o Clinton, Platt, Trustee 1998 New Beglnmngs Church of Christ C/o Chnton, Platt, Trustee 1998 Woolard, Norwood L & Mary R 1999 Tax Type Ticket Exoneration Date Year of Tax Number Number Paid Penalty RE(l/2) 99-140296-9 05/13/99 RE(l/2) 97-134011-8 12/05/96 RE(2/2) 97-134011-8 05/08/97 RE(l/2) 99-070821-2 03/31/99 48 95 RE(l/2) 97-044870-9 12/05/96 RE(2/2) 97-044870-9 12/05/96 RE(1/2) 96-044364-3 11/22/95 RE(2/2) 96-044364-3 06/05/96 RE(l/2) 98-045249-9 12/04/97 RE(2/2) 98-045249-9 06/05/98 RE(l/2) 96-038459-1 12/05/95 RE(2/2) 96-038459-1 05/31/96 RE(l/2) 97-038996-0 11/27/96 RE(2/2) 97-038996-0 06/05/97 RE(l/2) 98-039291-9 12/05/97 RE(2/2) 98-039291-9 06/01/98 RE(l/2) 99-039868-1 11/19/98 RE(1/2) 99-000100-1 11/24/98 RE(l/2) 96-000092-4 11/15/95 RE(2/2) 96-000092-4 06/05/96 RE(2/2) 97-000097-8 06/05/97 RE(l/2) 98-000094-0 12/04/97 RE(2/2) 98-000094-0 06/05/98 RE(I/2) 96-085688-5 11/29/95 RE(2/2) 96-085688-5 06/03/96 RE(l/2) 97-086751-4 11/14/96 RE(2/2) 97-086751-4 05/19/97 RE(l/2) 98-087358-8 11/21/97 RE(2/2) 98-087358-8 05/11/98 RE(2/2) 98-057055-7 06/05/98 Int. 17 23 Total 29 90 17 18 17 18 66 18 1851 1851 1471 1471 1851 1851 123 55 123 55 126 88 126 88 126 88 126 88 130 76 18 30 17 82 17 82 36 60 18 30 18 30 95 96 95 96 98 55 98 55 98 55 98 55 165 98 RE(2/2) 98-137907-7 12/01/98 1929 51 RE(l/2) 98-121626-1 11/28/97 1071 55 RE(2/2) 98-121626-1 10/08/98 1216 43 RE(l/2) 99-136253-8 12/05/98 17 18 ( Continued ) RE(2/2) 97-120983-1 05/28/97 681 08 RE(2/2) 98-061963-0 06/05/98 884 50 RE(1/2) 99-079055-0 12/05/98 219 85 RE(l/2) 97-093540-6 11/19/96 48 80 RE(2/2) 97-093540-6 06/05/97 48 80 RE(l/2) 98-097828-9 11/21/97 48 80 RE(2/2) 98-097828-9 05/08/98 48 80 RE(l/2) 99-009368-9 12/05/98 1007 68 RE(2/2) 98-054694-1 05/19/98 81 30 RE(l/2) 99-057870-9 11/18/98 23 79 RE(l/2) 96-008471-8 12/05/95 323 08 RE(2/2) 96-008471-8 05/07/96 323 08 RE(l/2) 97-008567-2 11/13/96 331 78 RE(2/2) 97-008567-2 05/22/97 331 78 RE(l/2) 98-008804-4 11/05/97 392 78 RE(2/2) 98-008804-4 06/05/98 392 78 RE(l/2) 97-006755-8 11/19/96 39 65 RE(2/2) 97-006755-8 11/19/96 39 65 RE(l/2) 98-006930-5 11/12/97 39 65 RE(2/2) 98-006930-5 05/07/98 39 65 RE(l/2) 96-006633-7 01/08/96 38 61 RE(2/2) 96-006633-7 05/16/96 38 61 RE(l/2) 98-061963-0 12/03/97 884 50 Woolard, Norwood L & Mary R 1999 Woolard, Norwood L & Mary R 1998 Woolard, Norwood L & Mary R 1998 Woolard, Norwood L & Mary R 1996 Woolard, Norwood L & Mary R 1996 Watk~ns, Ahce H 1997 Watkms, Ahce H 1997 Watkms, Alice H 1996 Watkms, Ahce H 1996 Watklns, Alice H 1998 Watk~ns, Ahce H 1998 Earley, Rob0on P 1995 Rouse, Bobby 1995 Garcm, Denise D 1994 Total: RE(2/2) RE(l/2) RE(2/2) RE(l/2) RE(2/2) RE(l/2) RE(2/2) RE(l/2) RE(2/2) RE(~/2) RE(2/2) PP(2/2) PP(1/2) PP(1/2) 99-136253-8 98-134883-2 98-134883-2 96-132603-7 96-132603-7 97-127648-3 97-127648-3 96-126353-1 96-126353-1 98-128473-0 98-128473-0 95022575826 95022938221 94010847557 02/18/98 05/03/99 11/04/97 06/20/98 11/24/95 05/21/96 12/04/96 06/02/97 11/13/95 05/29/96 12/02/97 05/22/98 05/17/99 08/12/97 05/17/99 1 34 4 52 64 37 55 5 79 17 18 17 18 17 18 16 73 16 73 1461 1461 14 22 14 22 1461 1461 19 28 7 48 19 20 $12,760.03 Th~s or&nance shall be effective from date of adoption The above abatement(s) totahng ~12,760.03 were approved by the Council of the C~ty of V~rg~ma Beach on the 6?.h day of 3ulyt 1999 Ruth Hodges Smith C~ty Clerk ~'~d as to payq~nt, ~proved as to form Leshe L Lflley, City Attorney Item IV-K. - 28 - PUBLIC HEARING ITEM # 45208 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on PLANNING 1. KOPASSIS CONSTRUCTION, INC., A VIRGINIA CORP~JRA TION STREET CLOSURE 2. STACEY T. RIDDLE, T/A BAYAREA MARINE CONDITIONAL USE PERMIT 3. BECO BUILDING ASSOCIATES, A VIRGINIA GENERAL PARTNERSHIP 4. ROBERT G. AND BRIDGET M. LUKEMAN VARIANCE CONDITIONAL CHANGE OF ZONING CHANGE OF ZONING 5. CITY OF VIRGINIA BEACH 6. FERRY FARM HO USE AMEND CZO/zoning map RT-2 Resort Tourist District Section 1510 re redesignation Commercial passenger vessels in 1-2. Section 1305/l-Iistoric & Cultural Modification of Conditions Conditional Use Permit Section July 6, 1999 Item IV-K. - 29 - PUBLIC HEARING ITEM # 45209 PLANNING Upon motton by Vtce Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED tn one motion Items 1 (DEFERRED), 2, 4, and 5 a (1)(2)(4) and 5b (1)(2) of the PLANNING BY CONSENT. Item 1 was DEFERRED, BY CONSENT, unttl the City Councd Session of July 13, 1999 Voting 11-0 Council Members Voting Aye: Ltnwood 0 Branch, III, Margaret L. Eure, Wtlham W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E Oberndo~ Nancy K Parker, Vtce Mayor William D Sessoms, Jr. and A M. "Don" Weeks Council Members Voting Nay: None Councd Members Absent: None Council Lady Henley ABSTAINED on Item 5. b (1) (2) as she is an Ex-Officio Member of the Friends of the Ferry Plantation House. July 6, 1999 Item IV-J. 1. - 30- PUBLIC HEARING ITEM # 45210 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, Ctty Council DEFERRED TO THE 13 JUL Y 1999, CITY COUNCIL SESSION: Petition of KOPASSIS CONSTRUCTION, INC., a Vtrgtnia Corporation, for the discontinuance, closure and abandonment of an untmproved portion of Mtll Dam Road Petition of Kopassts Constructton, Inc., a Virgtnta Corporatton for the chscontinuance, closure and abandonment of an unimproved portion of Mill Dam Road located at the northwest corner of Mill Dam Road and Shoveller Avenue. Said parcel contatns 1,947 square feet. (L YNNHA VEN - DISTRICT 5) Voting: 11-0 (By Consent) Council Members Voting Aye. Linwood 0 Branch, III, Margaret L Eure, Wilham W. Harrtson, Jr., HaroM Heischober, Barbara M. Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vtce Mayor Wtlliam D Sessoms, Jr and A M "Don" Weeks Council Members Voting Nay: None Council Members Absent' None July 6, 1999 Item IV-J. 2. - 31 - PUBLIC HEARING ITEM # 45211 PLANNING Upon motion by Vtce Mayor Sessoms, seconded by Councdman Branch, City Council ADOPTED an Ordinance upon application of STACEY T. RIDDLE, T/A BAY AREA MARINE for a Conchttonal Use Permit: ORDINANCE UPON APPLICATION OF STACEY T. RIDDLE, T/A BAY AREA MARINE FOR A CONDITIONAL USE PERMIT R07992285 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon application of Stacey T. Rtddle, T/A Bay Area Marine for a Conditional Use Permttfor boat sales & service on Lots 8, 10, 12, Block O, Lynnhaven Beach (GPIN #1590-20-8172). Saidparcel ts located at 2265 West Great Neck Road and contatns 17, 700 square feet DISTRICT 5 - L YNNHA VEN. The following conchtions shall be required: , o . Except as stated tn Condttion #11 hsted below, the subject stte shall be developed tn accordance wtth the stte development plan entitled, "Conceptual Site Plan and Elevatton for Bay Area Martne Services, Virginia Beach, Vtrgtnta ", dated 12 April 1999, andprepared by HBA, Architecture, Engineertng, Interior Destgn. No outdoor loudspeaker/pagtng system shah be permitted In addttion, no additional parking loft&splay area hghting is permitted other than the existing site hghting. The hours of operation shah be from 8 AM to 7 PM from Monday to Saturday only There shall be no engine repair work, involving the running of engines, on Saturdays The free-standing pole stgn shah be removed and replaced with a brtck, monument-type sign No boats, vehicles or cars shah be parked in any portton of the City right-of-way or on the adjacent unmanned utility site 6. No banners, streamers or portable stgns shall be permttted Muffler exhaust systems shall be used at all times during the operation of engtnes under repair Foundatton planttng shall be installed along the buildtng frontage. Ratsed planters shah be tnstalled tn lieu of foundation planttng beds. All plant material, size and location shah be tn accordance with the City's Zoning Ordinance and/or Site Plan Ordtnance and the foundation planting shall cover at least 50% of the butldtngfrontage July 6, 1999 Item IV-J 2. - 32 - PUBLIC HEARING ITEM # 45211 (Continued) PLANNING . Small ornamental trees shall be tncorporated tnto the proposed landscaping adjacent to West Great Neck Road This landscaptng ts tn addttton to the landscaptng shown on the submttted stte plan for thts development These trees shall beplanted ten feet (10') on center and shall be located in a mulched planttng bed The total wtdth of the bed along the frontage of this stte, to tnclude the bed on-site and off-stte, shall be six feet (6') An encroachment wtll be obtained from Landscape Servtces prior to locattng landscaping in the Ctty right-of-way. The City shall have no maintenance responstbilittes for this landscaptng. A perpetual matntenance agreement shall be executed between the apphcant and the Ctty of Virgtnta Beach. 10. An etght-foot (8') privacy fence shall be installed tn heu of the proposed six foot (6') privacy fence. 11. A maximum of seven (7) boats for sale shall be permitted on the site at any ttme There shall be no more than .five (5) boats &splayed outstde and no more than two (2) boats tn the sales buildtng 12. A maxtmum of twelve (12) boats under repatr can be stored tn the boat-servicing area at the rear of the site 13 There shall be no boat nor boat motor repatr conducted outstde the fenced servtce area located to the side and rear of the extsttng butldtng This Ordtnance shall be effecttve in accordance with Sectton 107 (J) of the Zoning Ordtnance Adopted by the Council of the City of Virgtma Beach, Vtrgtnia, on the Sixth of July, Ntneteen Hundred and Nine~-Nine Voting' 11-0 (By ConsenO Council Members Voting Aye' Linwood 0 Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor Wtlham D Sessoms, Jr. and A M. "Don" Weeks Councd Members Voting Nay: None Council Members Absent None July 6, 1999 - 33 - Item IV-J 3. PUBLIC HEARING ITEM # 45212 PLANNING Attorney R. E. Bourdon, Phone' 499-8971, represented the applicant for the development of Princess Anne Woods Reverend HaroM Cason, Sr., 2317 North Seaboard Road, represented the neighborhood and spoke in support Beverly B Sawyer, 223 7 General Booth Boulevard, Phone. 42 7-3283, regtstered tn OPPOSITION Upon motion by Council Lady Henley, seconded by Counctl Lady Parker, City Council DEFERRED TO THE 10 A UGUST1999, CITY COUNCIL SESSION Apphcations of BECO BUILDING ASSOCIATES, a Virginta GeneralPartnershipfor Vartance to Section 4 4('o)(1) of the Sub&vtston Ordinance whtch requtres that all lots meet lot width requirements and a Conditional Change of Zomng Appeal to Decistons of Admtntstrative Officers in regard to certatn elements of the Sub&vision Ordinance, Sub&viston for Beco Butl&ng Assoctates, a Vtrginia General Partnership Property ts located on the north stde of Princess Anne Road, begtnntng at a point 800 feet more or less west of Seaboard Road PRINCESS ANNE - DISTRICT 7 AND, ORDINANCE UPONAPPLICA TION OF BECO B UILDING ASSOCIA TES, A VIRGINIA GENERAL PARTNERSHIP, FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AND AG-2 AND R-20 to CONDITIONAL R-lO Ordinance upon apphcation of Beco Building Associates, a Vtrginta General Partnership, for a Change of Zontng Dtstrtct Classtficatton from AG-1 and AG-2 Agricultural Dtstrtcts and R-20 Restdenttal Dtstrtct to Condittonal R-lO Restdential Dtstrtct on certatn property located on the north stde of Princess Anne Road beginning at a potnt 800feet more or less west of Seaboard Road The proposed zoning classtficatton change to Conditional R- 10 is for smgle familyproposed zomng classtficatton change to Conditional R-lO ts for single famdy residential land use on lots no less than 10,000 square feet The Comprehensive Plan recommends use of thts parcel for suburban residenttal/low density at denstties that are compatible wtth single-family use tn accordance with other Plan pohces Satd property contains 101.5 acres. PRINCESS ANNE- DISTRICT 7. This DEFERRAL will enable modifying the plan to tnclude the reservattons re Ferrell Parkway as part of the proffers The City's wetlands shall be requested to be rezoned P-1 on the 53 acres rather than R-10 Con&ttonal Vottng.: 11-0 Council Members Voting Aye' Ltnwood O. Branch, III, Margaret L Eure, Wdham W. Harrtson, 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 A M. "Don" Weeks Council Members Voting Nay. None Councd Members Absent' None July 6, 1999 Item IV-J 4. - 34 - PUBLIC HEARING ITEM # 45213 PLANNING Upon motton by Vice Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED an Ordinance upon apphcatton ROBERT G. and BRIDGET M. LUKEMAN for a Change Of Zoning Dtstrtct ClasMficatton ' ORDINANCE UPON APPLICATION FROM ROBERT G. & BRIDGET M LUI~MAN FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROMB-2 TO R-7.5 Z06991140 BE IT HEREBY ORDAINED B Y THE CO UNCIL OF THE CITY OF VIRGINIA BEA CH, VIRGINIA Ordtnance upon application of Robert G.& Bridget M. Lukeman for a Change of Zoning District Classification from B-2 Commumty Bustness District to R-7.5 Residenttal Dtstrtct on the west side of Hudgtns Drtve, south of lndependence Circle (GPIN #14 78-51- 7460). The proposed zontng classification to R-7.5 ts for single famtly residential land use wtth 7,500 square foot lots. The Comprehenstve Plan recommends use of this parcel for commerctal use in accordance with other Plan pohcies. Satd parcel ts located at 4529 Hudgins Drive and contains 1.3 acres. DISTRICT 5 - L YNNHA YEN. This Ordinance shall be effective tn accordance with Section 107 (1) of the Zoning Ordinance. Adopted by the Council of the City of Vtrginia Beach, Virginia, on the Sixth of JulY, Ntneteen Hundred and Ntne~-Ntne Voting:: 11-0 (By ConsenO Counctl Members Voting Aye: Ltnwood 0 Branch, III, Margaret L. Eure, William W Harrison, Jr, Harold Hetschober, Barbara M. Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera E Oberndo~ Nancy K. Parker, Vtce Mayor Wdham D Sessoms, Jr and A. M "Don" Weeks Counctl Members Voting Nay. None Council Members Absent. None July 6, 1999 - 35- Item IV-J. 5 a.(1)(2)(4) PUBLIC HEARING ITEM # 45214 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Counctl ADOPTED: Ordinances to AMEND the City Zomng Ordinance (CZO) (Deferred 22 June 1999) Change the official zoning map re the zomng district classtficattons of all lots orparcels of land within the RT-3 Resort Tourist District East of Pactfic Avenue, West of Atlantic Avenue, South of 31st Street and North of 4th Street to the RT-2 Resort Tourist District (BEACH - DISTRICT 6) Section 1510 re redesignation of the general areas in which the RT-2 Resort Tourist District ts located to match the proposed zontng map change. Section 1305 to allow non-profit organizations' offices as a conchttonal use permtt in the Historic and Cultural District Voting.'. 11-0 (By ConsenO Council Members Voting Aye' Ltnwood O. Branch, III, Margaret L. Eure, Wdliam W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor Wdham D. Sessoms, Jr and A M. "Don" Weeks Council Members Vottng Nay. None Councd Members Absent: None July 6, 1999 AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP BY CHANGING THE ZONING DISTRICT CLASSIFICATION OF CERTAIN LOTS OR PARCELS OF LAND FROM THE RT- 3 RESORT TOURIST DISTRICT TO THE RT- 2 RESORT TOURIST DISTRICT 10 11 12 13 14 15 16 17 18 19 20 21 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the official zoning map of the City of Virginia Beach be, and hereby is, amended by changing the zoning district classification of all lots or parcels of land within the RT-3 Resort Tourist District east of Pacific Avenue, west of Atlantic Avenue, south of 31st Street and north of 4th Street to the RT-2 Resort Tourist District zoning district classification, as shown on a series of sheets dated May 11, 1999, and marked and identified as Sheet Numbers M05, M06 and M07 on the official zoning map of the City of Virginia Beach, Virginia, which have been displayed before the City Council this date and are on file in the Department of Planning. 22 23 Adopted by the Council of the City of Virginia Beach, Virginia, on the 6 day of Jul~ , 1999. 24 25 26 27 CA-99-7317 wrnm~ ordres ~ rt - 2map. com R-2 May 13, 1999 AN ORDINANCE TO AMEND THE CITY ZONING ORDINANCE BY REDESIGNATING THE GENERAL AREAS IN WHICH THE RT-2 RESORT TOURIST DISTRICT IS LOCATED SECTION AMENDED: § 1510 of the City Zoning Ordinance WHEREAS, the public necessity, convenience, general welfare 8 and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 That Section 1510 of the City Zoning Ordinance is hereby 12 amended and reordained to read as follows: 13 Sec. 1510. Legislative intent. 14 The provisions of the RT-2 Resort Tourist District is to 15 provide areas for resort hotels and appropriate mixtures of other 16 complementary uses generally in the area west of Atlantic Avenue 17 ~ an east of '~- -~' ~ ....... ~ - ........... ~ pc~.~ ......... Atlant~ ~.~ Pac c 18 Avenue. It is further the intent of this district to recognize 19 existing on-site parking problems and to foster good design and 20 development patterns through the use of incentives. 21 22 Adopted by the City Council of the City of Virginia Beach, 6 July Virginia, on this day of , 1999. 23 24 25 CA-7303 ORDIN\ PROPOSED/45 - 1510. ord R-1 March 18, 1999 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 AN ORDINANCE TO AMEND THE CITY ZONING ORDINANCE BY ALLOWING OFFICES OF NONPROFIT ORGANIZATIONS AS A CONDITIONAL USE IN THE HISTORIC AND CULTURAL DISTRICT SECTION AMENDED: CZO § 1305 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 1305 of the City Zoning Ordinance is hereby amended and reordained to read as follows: Sec. 1305. Conditional uses. In order to promote the preservation of historic structures, the following uses shall be permitted within the historic and cultural district, regardless of the underlying zoning district classification, if authorized by a conditional use permit. A conditional use permit may be granted only if the city council finds that the operation of the use will not produce adverse impacts, such as excess traffic, noise or on-street parking demand, upon the surrounding area: (1) Bed and breakfast inns; (2) Antique shops; (3) Museums and art galleries; and (4) Specialty shops; and (5) Offices of nonprofit orqanizations. No conditional use permit shall be required for any such use allowed as a principal use in the zoning district underlying the historic and cultural district unless living quarters are provided. 27 28 29 30 31 32 33 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 6 day of July , 1999. CA-7379 ORDIN\ PROPOSED/45- 1305. ORD R-1 May 18, 1999 Item IV-J. 5. a. (3) - 36- PUBLIC HEARING ITEM # 45215 PLANNING Attorney Kevtn Cosgrove, represented Vulcan Materials and Vulcan Lands and requested 30-day deferral Upon motion by Councilman Jones, seconded by Councilman Hetschober, City Councd ADOPTED, AS AMENDED: Ordtnance to AbtEND the Ctty Zoning Ordtnance (CZO) (Deferred 22 June 1999): Secttons 236, 901, 1001, 1501, 1511 and 1521, condtttonal use permtts for certatn types of passenger vessels tn the B-2, B-4, RT-1, RT-2 and RT-3 Zoning Dtstricts; and, ltmittng the moortng of commercial passenger vessels in the 1-2 Industrial Distrtct. Voting.: 11-0 Counctl Members Voting Aye: Linwood 0 Branch, III, Margaret L Eure, William W. Harrison, Jr, Harold Heischober, Barbara M. Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vtce Mayor Wtlltam D Sessoms, Jr and A. M "Don" Weeks Council Members Voting Nay' None Counctl Members Absent: None July 6, 1999 AN ORDINANCE TO REQUIRE CONDITIONAL USE PERMITS FOR CERTAIN PASSENGER VESSELS IN THE B-2, B-4, I-2, RT-1, RT-2 AND RT-3 ZONING DISTRICTS Sections Amended: §§ 236, 901, 1001, 1501, 1511 and 1521 of the City Zoning Ordinance WHEREAS, the public necessity, convenience, general welfare 8 and good zoning practice require; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 That Sections 236, 901, 1001, 1501, 1511 and 1521 of the City 12 Zoning Ordinance be, and hereby are, amended and reordained, and 13 shall read as follows: 14 15 Sec. 236. Marinas, commercial, noncommercial and community boat docks. 16 (a) Location and site requirements. Commercial marinas, 17 noncommercial marinas and community boat docks shall be so located 18 as to be accessible from major roads without creating traffic 19 congestion on minor streets through residential, apartment or hotel 20 districts. 21 (b) Parking requirements. A minimum of one (1) off-street 22 parking space per boat slip shall be required, provided that where 23 wheel launching ramps adjoin the parking area, the parking spaces 24 all have a minimum dimension of twelve (12) feet by forty (40) 25 feet. Where appropriate and conditions warrant, city council may 26 require additional parking spaces. 27 (c) Rentals of personal watercraft shall not be deemed to be 28 accessory use, and shall not be allowed except by conditional use 29 permit. 30 (d) The following shall apply to noncommercial and community 31 boat docks only: 32 (1) A security and maintenance plan is required at time of 33 application. This plan shall address ownership of the facility, 34 individuals or group responsible for maintenance, the methods 35 proposed for limiting access to owners, members or their guests, 36 to all docks, piers, launching ramps and parking areas and methods 37 proposed for limiting hours of operation if required by 38 subparagraph (2) below. 39 (2) Launching ramps, clubhouses, and parking areas on land 40 which are to be open for use between the hours of 10:00 p.m. and 41 7:00 a.m. shall be at least three hundred (300) feet from the 42 nearest lot line of any lot on which a residence is permissible. 43 If any such areas or functions are not open between the hours 44 indicated, the distance may be reduced to one hundred fifty (150) 45 feet or if parking areas are enclosed by a solid masonry wall at 46 least six (6) feet in height, the distance may be reduced to one 47 hundred fifty (150) feet. 48 (3) Rentals of personal watercraft shall not be permitted. 49 (e) Passenger vessels permitted by United States Coast Guard 50 regulations to car.ry more than one hundred forty- nine (149) 51 passengers and used fQr commercial purposes shall not be deemed to 52 be accessory uses,, and ~hall not be allowed in any zoning district 53 excep~ by conditional u~e perm$~. No such conditional use permit 54 shall be Granted unless the City Council finds that: 55 the use is compatible with surrounding land uses.:_ 56 (2) the proposal will protect sensitive epviroP~enta% 57 features; 2 58 (3) the na~ur~ and scale of relat~, land uses likely 59 develop near the marina as a result of the vessel's mooring will _ 60 not negatively imoact existing resident, iai uses: 61 (4) existin~ Dubli= infr~str~=ure will not be unduly 62 burdened: and 63 (~) the economic impact upon the,surrounding community .and 64 .the City will be positive. 65 (f) In addition to the information required by Section 66 ,221 (a), an application for a conditional use permit for a passenger 67 vessel permitted by united states coast Guard regulations to carry 68 more than one hundred forty-nine (149) passengers and used for 69 commercial purposes shall contain the following materials: 70 (1) a traff$~ impagt ~tudy, including projected traffic 71 generation, general traffic circulation, tour bus and taxi 72 management, employee and visitor parking, pedestrian circulation, 73 service and loading areas, and projected traffic impacts upon 74 .adjacent neighborhood~ and land uses; 75 (2) a plan identifying all sensitive environmental features 76 and measures to be used ~0 protec~ such features; and 77 (3) a detailed d~scription of the proposed operation, 78 ~ncluding capacity, hours of operation, size and layout of the 79 vessel, supDort f~cili~ies to be opera~ed on shore, and security 80 measures to be implemented; and 81 (4) a pla~ showiDg all proposed signage and physical 82 imDrovements to the marina at which such vessel is moored, 83 including landscaDin~. 84 85 ARTICLE 9. BUSINESS DISTRICTS. 87 Sec. 901. Use re~Alations. 88 (a) Principal and conditional uses. The following chart 89 lists those uses permitted within the B-1 through B-4 Business 90 Districts. Those uses and structures in the respective business 91 districts shall be permitted as either principal uses indicated by 92 a "P" or as conditional uses indicated by a "C." Uses and 93 structures indicated by an "X" shall be prohibited in the 94 respective districts. No uses or structures other than as 95 specified shall be permitted. 96 Use B-1 B-iA B-2 B-3 B-3A B-4 7 . . . . 98 99 100 101 102 103 104 105 106 107 Passenqer vessels permitted by U.S. Coast Guard requ- lations to carry more than one hundred forty-nipe (149) passengers and used for commercial pur- poses -- 108 .... 109 ARTICLE 10. INDUSTRIAL DISTRICTS. 110 .... 111 Seo. 1001. Use regulations. 112 (a) Principal and conditional uses. The following chart 113 lists those uses permitted within the I-1 and I-2 Industrial 114 Districts. Those uses and structures in the respective industrial 115 districts shall be permitted as either principal uses indicated by 116 a "P" or as conditional uses indicated by a "C." Uses and 117 structures indicated by an ~'X" shall be prohibited in the 118 respective districts. No uses or structures other than as 119 specified shall be permitted. 120 Use I-1 I-2 121 .... 122 123 124 125 126 127 128 129 130 131 Passenger vessels permitted by U.S. Coast Guard requ- lations to carry more than one hundred forty-nine (149) passengers and used for commercial pur- poses 132 .... 133 ARTICLE 15. RESORT TOURIST DISTRICTS. 134 .... 135 A. RT-1 Resort Tourist District. 136 .... 137 Sec. 1501. Use regulations. 138 .... 139 (b) Conditional uses and structures: Uses and structures 140 hereinafter specified, subject to compliance with the provisions 141 of part C of article 2 hereof: 142 .... 143 (3.05) Passenger vessels permitted by United States Coast 144 Guard regulations to carry more than one hundred 145 forty,nine (149) passenqers and used for commercial 146 purposes. 147 .... 148 B. RT-2 Resort Tourist District. 149 .... 150 Sec. 1511. Use re~ulations. 151 .... 152 (c) Conditional uses and structures: Uses and structures 153 hereinafter specified, subject to compliance with the provisions 154 of part C of article 2 hereof; provided, however, that except as 155 set forth in subdivision (5.5), drive-through facilities shall not 156 be permitted as a conditional or accessory use: 157 .... 158 (14.1) Passenqer vessels permitted by United States Coast 159 Guard requlations to carry more than one hundred 160 forty-Dine (149) Dassengers and used for commercial 161 purposes. 162 .... 163 C. RT-3 Resort Tourist District. 164 .... 165 Sec. 1521. Use re~ul&tions. 166 .... 167 (c) Conditional uses and structures: Uses and structures 168 hereinafter specified, subject to compliance with the provisions 169 of part C of article 2 hereof; provided, however, that except as 170 set forth in subdivision (5.5), drive-through facilities shall not 171 be permitted as a conditional or accessory use in any portion of 172 the district east of Arctic Avenue, south of Winston-Salem Avenue 173 and 4th Street, or north of 35th Street: 174 .... 175 P~ssen~er vessels permitted by United Sta~Qs Coast 176 Guard regulations to car.fy more than one hundred 177 forty-nine (149) Dassen~.ers and used for commercial _ 178 DurDoses. 179 180 181 Adopted by the Council of the City of virginia Beach, 6 July Virginia, on this day of , 1999. 182 183 184 185 CA-7215 ORDIN\PROPOSED\45- 236et. alt R-5 July 6, 1999 Item IV-J.$.b (1)(2) -37- PUBLIC HEARING ITEM # 45215 PLANNING Upon motton by Vtce Mayor Sessoms, seconded by Councilman Branch, City CouncdADOPTED Ordinances upon apphcatton of the CITY OF VIRGINIA BEACH, VIRGINIA, re use of a portton of historic FERRY FARMHOUSE withtn the Htstortc and Cultural Dtstrtct, as an office for a non-profit organization Modification of Conditions to the applications of Old Donation Farm Partnership, now known as OLD DONATION FARMS Subdtvtston (Approved 06 June 1987), for Open Space Promotton and Subdiviston Vartances at the southeastern terminus of Pembroke Boulevard, contaimng 32 829 acres AND, ORDINANCE UPON APPLICA TION OF THE CITY OF VIRGINIA BEA CH, VIRGINIA, FOR A CONDITIONAL USE PERMIT FOR AN OFFICE R07992286 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon apphcatton of the City of Vtrgima Beach, Virginia, for a Condittonal Use Permtt for an office for a non-profit organizatton wtthm the Htstortcal and Cultural Dtstrict located at 4136 Cheswtck Lane (GPIN itl 4 78-92- 7014) Saidparcel ts known as the histortc Ferry Farm House and contains 11,988. 5 square feet more or less BA YSIDE - DISTRICT 4 The following conditions shall be required' The conditional use permit ts approved for a one-person office for the Hampton Roads Chapter of the Amertcan Instttute of Architects and related uses, to tnclude monthly board meettngs, occasional committee meettngs and occasional travehng archttectural exhibits. Any exterior lighting shall be directed away from adjoining residences. This Ordinance shall be effecttve in accordance wtth Section 107 (J) of the Zomng Ordinance Adopted by the Council of the Ctty of Vtrginia Beach, Vtrgtnia, on the Stxth Of July, Ntneteen Hundred and Nine _ty-Ntne July 6, 1999 Item IV-J. 5.b (1)(2) ~ 38- PUBLIC HEARING ITEM # 45215 (Continued) PLANNING Voting 10-0 Council Members Voting Aye: Linwood O. Branch, IlL Margaret L. Eure, Wtlliam W Harrison, Jr., Harold Hetschober, Louis R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf, Nancy K. Parker, Vice Mayor William D Sessoms, Jr and A. M. "Don" Weeks Counctl Members Vottng Nay: None Councd Members Abstaintng' Barbara M. Henley Counctl Members Absent: None Councd Lady Henley ABSTAINED on Item 5. b (1) (2) as she ts an Ex-Officio Member of the Friends of the Ferry Plantation House. July 6, 1999 Item IV-L . 1. - 39- APPOINTMENTS ITEM # 45216 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENT. FRANCIS LAND HOUSE BOARD OF GOVERNORS July 6, 1999 - 40- Item IV-L. 2. APPOINTMENTS ITEM # 45217 Upon NOMINATION by Vtce Mayor Sessoms, City Council APPOINTED: Gary L. Spell Unexpired term thru 12/31/2001 COMMUNITY POLICY AND MANAGEMENT TEAM (CSA-At Risk) Vottng: 11-0 Council Members Voting Aye. Ltnwood O. Branch, IIL Margaret L. Eure, Wdliam W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D Sessoms, Jr and A. M "Don" Weeks Councd Members Voting Nay: None Councd Members Absent: None July 6, 1999 - 41 - Item IV-L. 3 APPOINTMENTS ITEM # 45218 Upon NOMINATION by Vice Mayor Sessoms, Ctty Council APPOINTED: Robert E. Fentress Four-year Term 09/01/99-08/31/03 REAPPOINTED: Robert F. Hagans, Jr. Four-year Term 09/01/99-08/31/03 DEVELOPMENT A UTHORITY Vottng" 11-0 Council Members Voting Aye: Ltnwood O. Branch, III, Margaret L. Eure, Wilham W Harrison, Jr, Harold Heischober, Barbara M. Henley, Louts R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vtce Mayor William D Sessoms, Jr and A M "Don" Weeks Council Members Voting Nay' None Councd Members Absent: None July 6, 1999 Item IV-L 5. - 42 - APPOINTMENTS ITEM # 45220 Upon NOMINATION by Vtce Mayor Sessoms, Ctty Counctl APPOINTED: Judith K. Connors (Bayside) Lee Williams (Rose Hall) Larry E. Stampe (Centerville) Five Year Terms 07/01/99 thru 12/31/04 BOARD OF ZONING APPEALS Voting.'. 11-0 Council Members Vottng Aye' Ltnwood O. Branch, III, Margaret L Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vtce Mayor William D. Sessoms, Jr. and A M "Don" Weeks Council Members Vottng Nay: None Counctl Members ~bsent' None July 6, 1999 Item IV-M 1. - 43 - UNFINISHED BUSINESS ITEM # 45222 Relative water supply at Stumpy Lake, Clarence Warnstaff, Director of Public Utilittes, Acttng Dtrector- Public Works, referenced memorandum to Asststant City Attorney Macah and report of Robert Scott relattve Stumpy Lake dated June 11, 1999. Mr. Warnstaff advtsed, as tndtcated tn the Memorandum, that Stumpy Lake is a man made lake, ts owned by the City of Norfolk and operated as part of its water supply system. Norfolk has the capactty to pump approximately 6-MILLION gallons per day from the lake There is a pump statton located at In&an River Road and Elbow Road. Stumpy Lake has been apart of that system for many decades and was created by a dam with a spillway on the north stde of Elbow Road which impounded the headwaters of Gum Swamp, a tributary of the North Landing River The dratnage area of thts lake is about 12 square miles. The Lake is shallow and has a maxtmum debt of about five feet At normal elevations of the lake, tt has a surface area of about 282 acres It is understood that, as a part of the proposed sell of the Stumpy Lake property, Norfolk agreed to allow the potenttal purchaser to examtne the lake bed. For the last three months, the Ctty of Norfolk has been pumping about 6-MILLION gallons per day from Stumpy Lake into their tn-town lake system The Lake is down about 2-1?2feet below its normal elevation. Norfolk had planned to pump the lake down another 6 to 12 inches, tftt could Any substantial rainfall tn the Stumpy Lake watershed could eastlyfill the Lake much faster than the pumping could deplete the Lake. Norfolk reported that tt has recently dtsconttnued pumping at the request of the potential buyer of the property. The Ctty of Norfolk also reported to us that a fish ]all has apparently occurred at Stumpy Lake. It is not unusual for events of thts nature to occur in shallow lakes under the ]and of weather conditions experienced recently. The recent lowering of the Lake may have played a role, but only part of a role. Water temperature and the oxygen demand of the water would certainly be factors tn depleting the supply available for fish. Norfolk has granted permtsston to the potenttal buyer to modify the spillway so the Lake level can rematn approximately 3feet below normal pool level for an indefinite pertod of time. Norfolk has made tt clear that the potenttal buyer would have to obtain any federal, state, or local permits required. The sptllway modtficattons would have to be made so that the Lake could be returned to its normal pool elevation at some future date It has been reported to the Ctty that the potenttal buyer may have an tnterest in permanently lowering the Lake elevation by 3 feet Norfolk has tnchcated that the capactty of the Lake ttself i. e volume of the Lake, must not be dtmtnished; therefore, tt would be necessary to dredge the smaller lake so that it would be deeper in order to have the same volume of water. In order to accomplish that, the smaller lake would have to be deepened by approxtmately 8 or 9 feet for a new depth of approximately 10 or l l feet. The smaller lake would have a surface area of 152 acres as opposed to about 282 acres, or about ~ the size. The amount of dredge matertal would be about 1 15- MILLION cubic yards (approximately the volume of Mount Trashmore) The dredge material would tnclude clay, stlt and sand The sand would be suttable forpossiblyfill material, but the quality would not be suffictent for roadway construction or consideration for beach nourishment. For water supply purposes and vtrtually every dry pertod for the last two decades, Norfolk has pumped water from Stumpy Lake. The potenttal purchaser wishes to obtain a better picture of the bottom of Stumpy Lake regarding the effort to clear the stumps in the context of land development Mr. Warnstaff advised he has not had any contact with the potential buyer of the land. There are approxtmately 400 acres of the land located tn Chesapeake. The Stumpy Lake Golf Course is about 347 5 acres. The remainder of the land tn Virginia Beach is approximately 700 acres July 6, 1999 Item IV-O. - 44 - ADJOURNMENT ITEM # 45223 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 5:45 P.M. · Hooks, CMC/A/tE Chief Deputy City Clerk ~~th ~dges Smith, CMC/AAE City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia July 6, 1999