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Home My WebLink AboutJUNE 23, 1998 MINUTESCity of Virginia tqcach "WORLD'S LARGEST RESORT CITY" t ;ITY ( :( )UN( :11. ~IA}OR MEI~ERA E (}BERNIX}RF...%~-Lu,~(' ~'ICE .'qA'~ ¢)R ~'ILLL4~ D SE~()M~. IR..4vLa,g, BARBARA M HENLE). LOUIS R JONES. ~ys~de ~,~ugh NANUY K PARKER..'lt-~,R; JAMES K SI~RE. I£SLIE L LILLEY. RUTH /fOlK;ES S3.IITII. C3.fC ' ..LAE. CITY COUNCIL AGENDA CITY HALL BUILDING 24ol (:OURTHOUSE DRIVE VIRGINIA flEACll. VIRGINIA 23456.9005 1757~ 427.4303 June 23, 1998 I. CITY MANAGER'S BRIEFINGS - Conference Room - 2:00 PM Ao Bo COMMUNITY SERVICES BOARD ADMINISTRATIVE STRUCTURE Dr. Terry Jenkins, Director, Community Services Board (CSB) Donald V. Jellig, Chairman, CSB TRAFFIC CALMING PROGRAM R. Michael Greenwood, P.E., Civil Engineer, Traffic Engineering II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL CONCERNS IV. INFORMAL SESSION - Conference Room - 3:30 PM Ao CALL TO ORDER - Mayor Meyera E. Obemdorf ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION V. FORMAL SESSION - Council Chamber - 6:00 PM Ao Co CALL TO ORDER - Mayor Meyera E. Obemdorf INVOCATION: The Reverend John O. P~nder III New Light Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION Ho Jo MINUTES 1. INFORMAL & FORMAL SESSIONS June 9, 1998 AGENDA FOR FORMAL SESSION The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. MAYOR'S PRESENTATION SUN WHEELERS, INC. Jody Shiflett PUBLIC HEARING 1. AGRICULTURAL PRESERVATION PROGRAM (ARP) (Blackwater Borough) Rodney L. and Peggy S. Foster Robert E. and Margaret S. Shreeves Sam T., Jr. and Joan F. Moore ORDINANCES Ordinance to authorize the acquisition of Agricultural Land Preservation Easements (ARP) and the issuance by the City of its contract obligations (Blackwater Borough): a. Purchase Agreement No. 1998 - 21 70.72 Acres $96,508.00 Rodney L. and Peggy S. Foster Robert E. and Margaret S. Shreeves Sam T. Jr. and Joan F. Moore Ordinance to AMEND Sections of the Virginia Beach City Code re motor vehicles, bringing them into conformance with recent amendments to their State Code counterparts: Section 21-2 Section 21-23 Section 21-116 Section 21-323.1 Section 21.443 re Definitions re Unauthorized taking, possession or use of inspection stickers re Obstructions to windshield or windows generally re Prohibiting use of devices on motor vehicles to detect presence of radar upon highways or operation of motor vehicles so equipped or sale of such devices re Safety devices for protection of motorcycle operators and passengers 3. STREET CLOSURE POLICY Ordinance to AMEND Article V, Chapter 33 of the Virginia Beach City Code, ADDING Section 33-111.2 re Appointment of Viewers for one (1)-year terms to view each and every street or alley proposed to be altered or vacated. bo Ordinance to APPOINT the Directors of Planning, Public Works and General Services as VIEWERS to serve a one (1)-year term beginning 1 July 1998 and ending 30 June 1999 to view each and every application for closure of a street or alley and report in writing to the Planning Commission. c. Resolution to establish a policy re the Street Closure Process. Ordinance to AMEND the FY 1997-1998 Capital Budget by establishing the Public Safety Emergency Communication System (CIP #3-009), making the following funds available re purchase of a replacement E-911 Computer-aided Dispatch (CAD) system: a. APPROPRIATE $1,000,000 in Lease-Purchase Revenue TRANSFER $471,900 from the FY 1997-1998 Operating Budget c. TRANSFER $1,015,189 from various other Capital Projects Ordinance to APPROPRIATE $100,000 within the School Communication Tower Technology Special Revenue Fund for FY 1998-1999; decrease estimated revenues from the Commonwealth of Virginia by $396,416: and, increase total appropriations within the FY 1998-1999 School Grants Fund by $16,994. Ordinance to APPROPRIATE $5,998 from interest on bank deposits accrued from the Deed of Trust Note for the closure of a portion of Old Donation Parkway to Ferry Farm House Restoration (CIP #3-107). Ordinance to TRANSFER $290,038 from the General Fund Reserve for Contingencies to the FY 1997 - 1998 Virginia Beach Court Service Unit Operating Budget re Secure Detention Services for Juveniles. Ordinance to TRANSFER $155,000 within the Community Development Special Revenue Fund of the FY 1997-1998 Operating Budget re rehabilitating and refinancing rental housing for iow and moderate income families; and, authorize the City Manager execute a contract between the City and Samaritan House in the amount of $280,000 to accomplish these purposes. Ordinance to authorize the City of Virginia Beach to acquire, by agreement or condemnation, necessary temporary dredge and pipeline easements, and oyster ground releases from thirty-six (36) property owners for the Western Branch Lynnhaven River Project (CIP//8-109). 10. Annual Permit Renewal for area private, municipal and non-profit Emergency Medical Service (EMS) organizations, 01 July 1998 through 30 June 1999: Advanced Wheelchair Transport, Inc. Al's Wheelchair Transportation American Medical Response, Inc. - Contingent upon renewal of business license Chesapeake Fire Department Children's Hospital of the Kings Daughters DOCC Transportation, Inc. Eastern Medical Transport Medical Transport, Inc. - Contingent upon renewal of business license Nightingale Air Ambulance Norfolk Fire and Paramedical Services 11. License Refunds $14,101.21 K. RESOLUTIONS Resolution to authorize the City Manager execute two agreements re administration of the Cape Henry Lighthouse Restoration Project (CIP #9-275): Virginia Department of Transportation (VDOT), estimated cost for engineering and construction $200,000 (Project funding approval received from ISTEA). Association for the Preservation of Virginia Antiquities (APVA), to provide the City's portion of 20% of the cost of the Project, plus any additional costs which exceed the estimated total cost. Resolution to authorize execution and delivery of a Continuing Disclosure Agreement in connection with the issuance by the Virginia Public School Authority of its School Financing and Refunding Bonds (1997 Resolution) Series 1997-1, certain of the proceeds of which refunded City of Virginia Beach, School Bonds, Series 1991 A, to be effective immediately. L. PUBLIC HEARING - PLANNING PLANNING BY CONSENT - To be determined during the Agenda Review Session. Application of JAMES P. BRICE, JR. to authorize an enlargement of nonconforming use on the North side of 26th Street, 170 feet West of Arctic Avenue (409 26th Street) re enlargement of an existing 400 square foot garage apartment (VIRGINIA BEACH BOROUGH). Recommendation: INDEFINITE DEFERRAL 2. Applications for variances to the Subdivision Ordinance: ao J. ROBERT ADDENBROOK at 211 69th Street (LYNNHAVEN BOROUGH), Section 4.4 (b) which requires all lots created by subdivision meet all requirements of the City Zoning Ordinance (CZO) re re-subdivision of the existing site into three lots. bo COVINGTON CONTRACTING, INC. at the Southern extremity of Hawaiian Drive (LYNNHAVEN BOROUGH), Section 4.4 (b) which requires all lots created by subdivision meet all requirements of the CZO rc legal creation of two building sites for single family development. VIRGINIA S. FOWLER, et al, at 3900 Old Shell Road (LYNNHAVEN BOROUGH), Section 4.4 (b) relating to lot width requirements and 4.1 relating to right-of-way improvements re division into twelve separate building sites. BILL HEYWOOD BRAZIER at 2081 Tazewell Road (BAYSIDE BOROUGH), Section 9.3 re moving an existing lot line by four feet (4') to eliminate an encroachment and resubdivision into two buildable lots. Recommendation: APPROVE ALL VARIANCES Application of FOUNDRY UNITED METHODIST CHURCH for a Conditional Use Permit for a church (additions) on Lots 5, 6, 7, 8, 9 and 10 feet of Lot 10, Block 2, Lynnhaven Park (2801 Virginia Beach Boulevard), containing 4.5 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL Application of BACK BAY CHRISTIAN ASSEMBLY for a Conditional Use Permit for a pre-school in connection with a church on the East side of Princess Anne Road, South of Vaughan Road (1196 Princess Anne Road), containing 11.6 acres (PUNGO BOROUGH). Recommendation: APPROVAL Application of MICHAEL D. SIFEN, INC., a Virginia Corporation for a Change of Zoning District Classification from R-5D Residential Duplex District to Conditional B-2 Con'u~ul~i~ Business District at the Northeast comer o£Lynnhaven Parkway and Salem Road, containing 5.17 acres (KEMPSVILLE BOROUGH). Deferred: Recommendation: Planning Commission Staff Recommendation: 09 June 1998 APPROVAL CHANGES TO APPLICATION Applications of HUNT ASSISTED LIVING, L.L.C. on the West side of Diamond Springs Road beginning 250 feet more or less North of Wesleyan Drive, containing 2.9659 acres (BAYSIDE BOROUGH). Change of Zoning District Classification fi.om O-1 Office District to 0-2 Office District (CZO amendments re senior housing allow this use with a CUP in the 0-1 Office District and rezoning is no longer required.) Recommendation: NO ACTION b. Conditional Use Permit for a nursing home Recommendation: APPROVAL Application ofC H & B ASSOCIATES, L.L.P. for an Amendment to the approved Land Use Plan for the Brenneman Farm Planned Unit Development to allow relocation of approved uses within the remaining undeveloped 193 acre site (KEMPSVILLE BOROUGH): a. 17 acres designated for office use relocated to the North side of South Plaza Trail bo 16 acres of commercial property relocated to the Northeast comer of the South Plaza Trail and Princess Anne Road intersection Co 15 acres adjacent to the Northeast of Catholic High School designated for an expansion of the existing school Recommendation: APPROVAL RECONSIDERATION of the Application of THE SOUTHLAND CORPORATION for an Amendment to the Green Run Land Use Plan to allow gasoline sales in conjunctio~a with a convenience store and a car wash at the Northeast comer of South Independence Boulevard and Lynnhaven Parkway, containing 2.414 acres (PRINCESS ANNE BOROUGH). Deferred: Recommendation: 02 June 1998 APPROVAL Application of the CITY OF VIRGINIA BEACH to AMEND Sections ! 1 I, 235,401,501, 601,801,901, I 110, 1125, 1511, 1521 and 1531 of the City Zoning Ordinance (CZO) re definition of, and standards pertaining lo, housing for seniors and disabled persona. Recommendation: APPROVAL M. APPOINTMENTS AIRPORT AUTHORITY DEVELOPMENT AUTHORITY HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC) PARKS AND RECREATION COMMISSION PERSONNEL BOARD SOCIAL SERVICES BOARD TIDEWATER COMMUNITY COLLEGE BOARD TIDEWATER REGIONAL GROUP HOME COMMISSION VIRGINIA BEACH TOWING ADVISORY BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT CITY COUNCIL CEREMONIAL OATH and REORGANIZATION Tuesday, July 7, 1998 - 2:00 PM City Council Chamber ANNUAL COUNCIL RECESS JULY 15 - JULY 31, 1998 if you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deal) 06/18/98cmd AGENDA\06-23-98.PLN www.virginia-beach.va, us CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 S H I M B T A S C E S R DATE: 23 June 1998 B R C H C R P E A PAGE: 1 R R H E J L N A S Y B A I O N O A D R S H A N S B L N N O K O O AGENDA U C O E E E A R E M R ITEM # SUBJECT MOTION VOTE M H N R Y S N F R S N I BRIEFINGS: A COMMUNITY SERVICES BOARD Dr Terry ADMINISTRATIVE STRUCTURE Jenkins Director CSB Donald V Jellig Chair man CSB B TRAFFIC CALMING PROGRAM R Michael Greenwood PE Civil Engnr Traffic Engineering II/111/ CERTIFICATION OF EXECUTIVE CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y IVN/ SESSION E F MINUTES - 09 June 1998 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y G/H MAYOR'S PRESENTATION PROCLAMA- TION READ BY MAYOR OBERNDORF SUN WHEELERS, INC. Jody Shiflett and other Team Members presented Mayor's Ofc and City limited edition lithograph by Buckley Moss I PUBLIC HEARING NO SPEAKERS 1 AGRICULTURAL PRESERVATION PROGRAM (ARP) (BLACKWATER BOROUGH.) Foster/Shreeves/Moore J/1 Ordinance to authorize acquisition of ADOPTED 10-1 Y Y ¥ Y Y Y N Y Y Y Y ARP/issuance of contract obligations BY CONSENT (BLACKWATER BOROUGH): Purchase Agreement #1998-21 a 70.72 Ac $96,508.00 Rodney L/Peggy S Foster Robert E/Margaret S Shreeves Sam T Jr/Joan F Moore CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS E 0 S H I M B T A S C E S R DATE: 23 June 1998 B R C H C R P E A PAGE: 2 R R H E J L N A S Y B A I O N O A D R S H A N S B L N N O K O O AGENDA U C O E E E A R E M R ITEM # SUBJECT MOTION VOTE M H N R Y S N F R S N 2 Ordinance to AMEND Sections of ADOPTED 11-0 Y Y Y Y Y Y Y Y y y y City Code re motor vehicles: BY CONSENT Sections R._ge 21-2 Definitions 21-23 Unauthorized taking/ possession/use of inspection stickers 21-116 Obstructions to windshield/windows generally 21-323.1 Prohibiting use of devices to detect radar 21-443 Safety devices for protection of motorcycle operators/ passengers 3 STREET CLOSURE POLICY ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y BY CONSENT a Ordinance to AMEND Article V Chapter 33 of City Code ADDING Sec 33-111.2 re Appointment of Viewers for 1-year terms b Ordinance to APPOINT Directors of Planning/Public Works/General Svcs as VIEWERS to 1-year term/report in writing to Planning Commission c Resolution to establish a policy re Street Closure Process 4 Ordinance to AMEND FY97-98 ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Capital Budget establishing Public BY CONSENT Safety Emergency Communication System re E-911 (CAD) system: a APPROPRIATE $1,000,000 in Lease- Purchase Revenue b TRANSFER $471,900 c TRANSFER $1,015,189 5 Ordinance to APPROPRIATE ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y y $100,000 within School Communica- BY CONSENT tion Tower Technology for FY98-99 6 Ordinance to APPROPRIATE $5,998 ADOPTED 11-0 Y Y Y Y Y Y y y y y y from interest accrued for closure of BY CONSENT portion of Old Donation Parkway to Ferry Farm House Restoration 7 Ordinance to TRANSFER $290,038 ADOPTED 11-0 Y Y Y Y Y Y Y y y y y to Court Service Unit re Secure BY CONSENT Detention Services for Juveniles 8 Ordinance to TRANSFER $155,000 ADOPTED 11-0 Y Y Y Y Y Y y y y y y re rehabilitating/refinancing rental BY CONSENT housing for Iow and moderate income families/authorize contract between City/Samaritan House of $280,000 CITY Oi= VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 S H I M B T ^ S C E S R DATE: 23 June 1998 B R C H C R PAGE: 3 R R H E J L N A S Y B A I O N O A D R S H A N S B L N N O K O O AGENDA U C O E E E A R E M R ITEM # SUBJECT MOTION VOTE M H N R Y S N F R S N 9 Ordinance to authorize by agreement ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y or condemnation dredge and pipeline BY CONSENT easements/oyster ground releases for Western Branch Lynnhaven River Project 10 Annual Permit Renewal for EMS: APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y BY CONSENT Advanced Wheelchair Transport Inc Al's Wheelchair Transportation American Medical Response Inc- Contingent upon renewal of business license Chesapeake Fire Department Children's Hospital of the Kings Daughters DOCC Transportation Inc Eastern Medical Transport Medical Transport Inc-Contin.qent upon renewal of business licence Nightingale Air Ambulance Norfolk Fire and Paramedical Services 11 License Refunds $14,101.21 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y BY CONSENT K/1 Resolution to authorize two agree- ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y ments re administration of Cape BY CONSENT Henry Lighthouse Restoration a VDOT $200,000 (Project funding approval received from ISTEA) b Association for the Preservation of Virginia Antiquities (APVA) to provide City's 20% of cost plus additional costs which exceed the estimated total cost 2 Resolution to authorize execution/ ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y delivery of Continuing Disclosure BY CONSENT Agreement issuance of School Financing and Refunding Bonds effective immediately L/1 JAMES P BRICE JR enlargement of DEFEP,RED 11-0 Y Y Y Y Y Y Y Y Y Y Y nonconforming use at 409 26th Street INDEFINITELY re enlargement of existing garage BY apartment (VIRGINIA BEACH BOR) CONSENT 2 Variances to Subdivision Ordinance: a J ROBERT ADDENBROOK at 211 APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y 69th Street (LYNNHAVEN BOR) CONDITIONED Section 4.4(b) all lots meet CZO re BY CONSENT subdivision of site into three lots b COVINGTON CONTRACTING INC at APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Hawaiian Drive (LYNNHAVEN BOP,) CONDITIONED Section 4.4(b) all lots meet CZO re BY CONSENT creation of two building sites for single family development CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 S H I M B T A S C E S R DATE: 23 June 1998 B R C H C R P E A PAGE: 4 R R H E J L N A S Y B A I O N O A D R S H A N S B L N N O K O O AGENDA U C O E E E A R E M R ITEM # SUBJECT MOTION VOTE M H N R Y S N F R S N c VIRGINIA S. FOWLER et al at APPROVED/ 10-0 Y A Y Y Y Y Y Y Y Y Y 3900 Old Shell Road (LYNNHAVEN CONDITIONED BOR) Section 4.4(b) re lot width requirements/right-of-way division into twelve separate building sites d BILL HEYWOOD BRAZIER at APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y 2081 Tazewell Road (BAYSIDE CONDITIONED BOR) Section 9.3 re moving existing BY CONSENT lot line to eliminate encroachment/ resubdivision into two buildable lots 3 FOUNDRY UNITED METHODIST ' APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CHURCH CUP: church (additions) CONDITIONED at Lynnhaven Park (2801 Virginia BY CONSENT Beach Boulevard) (LYNNHAVEN BOR) 4 BACK BAY CHRISTIAN ASSEMBLY APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y CUP: pre-school with a church on BY CONSENT/ Princess Anne Road/Vaughan Road DELETED (PUNGO BOROUGH) COND #1/ ALLOWED 25 TOTAL CHILDREN IN COND #2/ OTHER CONDITIONS REMAIN AS STATED 5 MICHAEL D SIFEN INC COZ from DEFERRED 10-0 Y Y A Y Y Y Y Y Y Y Y R-5D to Conditional B-2 at TO 14 JULY/ B Lynnhaven Parkway/Salem Road APPLICANT TO S (KEMPSVILLE BOROUGH) PREPARE NEW T SITE PLAN AND A WORK WITH CITY I PLANNING N TO RESOLVE E ACCESS D 6 HUNT ASSISTED LIVING LLC on NO ACTION Diamond Springs Road/Wesleyan BY COUNCIL Drive (BAYSIDE BOROUGH): CZO re senior housing allows a COZ from 0-1 to 0-2 this use with a CUP in the 0-1 District b CUP: nursing home APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CONDITIONED BY CONSENT 7 C H & B ASSOCIATES LLP Amend APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y approved Land Use Plan for CONDITIONED Brenneman Farm Planned Unit BY CONSENT Development to allow relocation of approved uses (KEMPSVILLE BOR) a 17 ac office use relocated to North side of South Plaza Trail b 16 ac relocated to Northeast South Plaza Trail/Princess Anne Road c 15 ac adjacent to Catholic High School for expansion CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 S H I M B T A S C E S R DATE: 23 June 1998 B R C H C R P E A PAGE: 5 R R H E J L N A S Y B A I O N O A D R S H A N S B L N N O K O O AGENDA U C O E E E A R E M R ITEM # SUBJECT MOTION VOTE M H N R Y S N F R S N 8 RECONSIDERATION: SOUTHLAND APPROVED/ 8-1 Y Y A Y Y A N Y Y Y Y CORP for Amendment to Green Run CONDITIONED B B Land Use Plan allow gasoline sales INCLUDING S S with convenience store/carwash at COMMUNITY T T South Independence Boulevard/ POLICING SUB A A STATION AND Lynnhaven Parkway (PRINCESS ACCELERA- I I ANNE BOROUGH) TION LANES N N E E D D 9 CITY to AMEND Sections CZO re ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y definition of/standards pertaining to ORDINANCE housing for seniors and disabled TO AMEND persons CZO BY CONSENT M APPOINTMENTS RE- B Y C O N S E N S U S SCHEDULED AIRPORT AUTHORITY DEVELOPMENT AUTHORITY HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC) PARKS AND RECREATION COMMISSION PERSONNEL BOARD SOCIAL SERVICES BOARD TIDEWATER COMMUNITY COLLEGE BOARD TIDEWATER REGIONAL GROUP HOME COMMISSION VIRGINIA BEACH TOWING ADVISORY BOARD N/O FAREWELL FROM COUNCIL ADD- MEMBERS BAUM/STRAYHORN ON ADD- COUNCIL LADY STRAYHORN ON REPORT ON CONCERN RE 1 NEIGHBORHOOD PERMITS 2 TESTIMONY BEFORE SENATE COMMITTEE ON BEACH REPLENISHMENT THIS MORNING IN DC P ADJOURNMENT 7:30 PM CITY COUNCIL CEREMONIAL OATH and REORGANIZATION Tuesday, July 7, 1998 - 2:00 PM City Council Chamber ANNUAL COUNCIL RECESS JULY 15 - JULY 31, 1998 MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 23, 1998 Vice Mayor William D. Sessoms called to order the CITY MANAGER'S BRIEFINGS in the Council Conference Room, City Hall Building, on June 23, 1998, at 2:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, HI,, HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: Mayor Meyera E. Oberndorf William W. Harrison, Jr. [ENTERED: 3:18 P.M.] [En route Virginia Beach from U.S. Conference of Mayors] [ENTERED: 3:05 P.M.] Louisa M. Strayhorn [ENTERED: 4:10 P.M.] [At Senate Hearing in Washington, D.C. re Beach Replenishment] CITY MANAGER'S BRIEFING COMMUNITY SER VICES BOARD ADMINISTRATIVE STRUCTURE 2:00P. M. ITEM # 43690 Donald V. Jellig, Chairman - Community Services Board, advised the 1998 General Assembly enacted House Bill 428 ,which revises a number of state statutes (Section 37.1 of the Code of Virginia) regarding the roles and responsibilities of Community Services Boards (CSBs). This legislation represents the major legislative outcome ora two-year Joint Subcommittee studying the future delivery of pubHcly funded mental health, mental retardation and substance abuse services in Virginia. Chaired by Senator Joseph V. Gartlan, Jr., and Delegate Franklin P. Hall, the Subcommittee plans to continue its work during the 1999 Session of the General Assembly. HB 428 and Senate Bill 501 mandate several major changes with regard to local government and CSBs. Dr. Terry Jenkins, Director, Community Services Board, advised the intent of the General Assembly was to create options which would in fact reflect the current operations of CSBs across the State. The Virginia Beach Community Mental Health and Mental Retardation Board was created on August 1 O, 1970, when the Virginia Beach City Council adopted the local enabling ordinance, The ordinance closelyparalled the 1968 General Assembly legislation (Chapter 10 of Title 37.1 of the Code of Virginia) which allowed localities to create a local service delivery system of care. In 1976 the State Code was amended to include substance abuse as a third treatment responsibility of the Virginia State Department of Mental Health, Mental Retardation and Substance Abuse services. While Virginia Beach 'S 1970 local ordinance defined the roles and responsibilities of the CSB, an ordinance in 1978 created the Department of Mental Health and Retardation. In Chapter 2 of the Code, the Executive Director of the CSB was identified as the Director of the Department of Mental Health and Retardation. However, by virtue of the State Code, the responsibility for the selection and evaluation of the Executive Director has always been defined as the sole responsibility of the CSB. In all other respects, the CSB has operated as a City department. All CSB staff are City employees (excluding the Executive Director) and the agency adheres to City policies regarding human resources, payroll, purchasing, risk management, etc. House Bill 428 provides local governing bodies four alternative structural options for CSBs including (1) Advisory CSB; (2) Administrative Policy CSB; (3) Operating CSB; and, (4) Behavioral Health Authority. Each of these alternatives varies in terms of degree or local oversight and Board responsibilities. Advisory CSB: An Advisory CSB would alter the Board's current responsibilities from setting policy and administering services to advising local government. The Board would provide advice on policy matters to the local department of mental health and would review and comment on service planning and evaluation. Administrative Policy CSB; An Administrative Policy CSB most closely reflects the current Virginia Beach CSB structure. The Board would continue to set policy and administer the provision of services. A major difference; however, is that the Executive Director's selection and annual performance evaluation would be jointly conducted by the CSB and the City Manager. Operating CSB An Operating CSB would function largely autonomously from local government thereby requiring the creation of its own administrative infrastructure currently provided by the City of Virginia Beach. The Executive Director would work for the CSB, and organizational oversight would be provided by the State Department of MH/MR/SAS. June 23, 1998 -3- CITY MANAGER'S BRIEFING COMMUNITY SER VICES BOARD ADMINISTRATIVE STRUCTURE ITEM # 43690 (Continued) Behavioral Health Authority: A final option offered by HB 428 is the establishment of a Behavioral Health Authority which wouM operate as an independent pubic entity under the direction of a Board of Directors. A secondpart of liB 428 relates to a document, which up to now has been an internal document utilized between the locality and the State Department of Mental Health called the Performance Contract. This document is the agreement that will be presented to Mr. Jellig and the Community Services Board on Thursday, June 25, 1998, and then to the City Manager next week. It defines the State 'S expectations for Community Services Boards in terms of services provided and populations served. Essentially this document reflects the obligations necessary to receive State funding. HB 428 requires in the future rather than it being a document that is endorsed by the Board and the City Manager and then submitted to the State Department of Mental Health, public comment and endorsement by City Council will be required. The Community Services Board will be coordinating with Patricia Phillips, Director of Finance, relative the new requirement of liB 428, which stipulates Community Services Boards have an independent annual audit. In the past, the Board has been included as part of the City's audit process. Mr. Jellig advised based upon the Community Services Board's review of the alternatives, the Board recommends City Council adopt the Administrative Policy option for two reasons. First, this option most closely reflects the City 's current structure and system of services in Virginia Beach. Virginia Beach services are well respected within the community and across the Commonwealth as a result of the partnership between the CSB and local government. By maintaining this structure, CSB is able to coordinate service delivery efforts with other City departments while ensuring appropriate accountability via local oversight. Second, the Administrative Policy option strengthens the role of the City Manager in the selection and evaluation of the Executive Director. This enhancement will promote additional collaboration 'and consistency between CSB services and the City 's. Mr. Jellig referenced the changes which involved Board composition and selection. In anticipation of the changes mandated by the selection, the Board Development Committee has met with the City Clerk to share details of the State requirements Mr. Jellig advised the changes: Increase membership from no more than fifteen to no more than eighteen members. One-third of the appointments to the Board shall be identified consumers or family members of consumers, at least one of whom shall be a consumer receiving services. In the selection process there is a requirement for public disclosure of the information the City Council utilizes i.e. the application in the selection of Board Members. Prior to appointment, candidates' names must be made public. The activities of the Community Services Board are complex, comprehensive and challenging. It is an eight to sixteen-an-hour a month commitment. June 23, 1998 -4- CITY MANAGER'S BRIEFING COMMUNITY SER VICES BOARD ADMINISTRATIVE STRUCTURE ITEM # 43690 (Continued) There are three major changes in the By-Laws. Formalization and continuing the position of the Executive Director of Community Mental Health, Mental Retardation and Substance Abuse services. Participate with the City in the appointment of this Executive Director. The compensation of the Executive Director shall be flxed by the City in consultation with the Board. The Board shall participate with the City in conducting an annuai performance evaluation o fits Executive Director. The Secretary-Treasurer shall be changed from one position to two distinct positions. The four standing committees, Executive and the three Disabilities will be expanded to include Community Relations, Board Development an Finance. Mr. Jellig wished to extend appreciation to Ruth Smith, City Clerk and Larry Spencer, Assistant City Attorney, for their participation and assistance. Vice Mayor Sessoms will meet with Chairman Jellig pertaining to the various issues. The Ordinance encompassing the amendments will be SCHEDULED for the City Council Session of July 7, 1998. June 23, 1998 -5- CITY MANAGER'S BRIEFING TRAFFIC CALMING PROGRAM ITEM # 43691 2:35 P.M. John Herzke, City Engineer, advised over the past year, the Traffic Engineering staff has been diligently preparing material and researching the information on a state and national wide basis in regard to traffic calming. R. Michael Greenwood, P.E., Civil Engineer, Traffic Engineering, referenced the Traffic Calming Program was adopted in the Capital Improvement Program FY 1998-1999. Residential civic leagues continue to express their desire to eliminate speeding problems and traffic congestion conditions within their communities. These problems are not unique to this region. Traffic Engineers throughout the nation are being requested to address these types of concerns in residential areas. It is the goal of this program to provide a phased approach of solutions, which become progressively restrictive in order to achieve reasonable compliance with traffic regulations or controls, and maintaining the roads as their intended residential character. The criteria for participating in the Traffic Calming Program: Eligible Streets - Local residential areas are eligible for "Traffic Calming", provided the posted speed limit does not exceed 25 mph. A local residential street provides direct access to abutting residences and serves only to provide mobility within the neighborhood. The traffic on these streets is to provide for the entering and exiting from the residents. Certain residential collector streets, although classified as collector roads, may have characteristics of local residential streets. These streets may be considered for "Traffic Calming" measures if they meet the following conditions: 25 mph posted speed limff two-lane roadway does not serve as the primary access to commercial or industrial sites minimum o fl2 dwelling units fronting the street per 1 O00-feet of roadway, including both sides. Documented speedingproblem - The 85th percentile speed is greater than 5 mph over the speed limit based on document speed studies. ,4ccordingly, the 85th percentile speed is at least 31 mph to qualify Petition for "Traffic Calming "-,4 petition requesting "Traffic Calming" and signed by at least 75 percent of the total occupied households within the petition area must be included. The petition area includes residences on any of the proposed study street sections, and residences on all streets that have major access onto the proposed study street section. The City will assist the community representatives in defining the petition area and will provide the requesters with the petition form. The impacted area is typically surrounded by collector or arterial roads or major physical features (i. e., waterways, etc.) June 23, 1998 -6- CITY M/INAGER'S BRIEFING TRAFFIC CALMING PROGRAM ITEM # 43691 (Continued) Traffic Calming is a collection of four measures which are designed to reduce speeding in the residential neighborhoods. Each subsequent measure becomes more restrictive and is designed to modify the behaviors of the motorists who are violating the speed limit: Community awareness and education Enforcement Non-Physical devices Physical devices. The Virginia State Code authorizes increased penalties for speeding in residential neighborhoods. A community's voluntary acceptance of increasing the maximum penalty for exceeding the speed limit to $200, will emphasize their commitment to addressing the problem. The primary focus of this program is to resolve the problems at the source, the violators. Traffic Volumes on the residential street will determine the appropriate traffic calming measures as follows: Fewer than 600 vehicles per daf Education Enforcement 600 - 4,000 vehicles per daF: Education Enforcement Increased penalty for traffic violations (i.e., speeding) Physical devices More than 4,000 vehicles per daF: Education Enforcement Increased penalty for traffic violations (i.e., speeding) Alternative actions only - No physical devices Traffic Calming measures will be funded through the CIP 2-211 - Traffic Calming Program will be evaluated each year and appropriations will be at the discretion of City Council. The program is funded initially at $100, 000 annually. Of the $100, 000, the staff is proposing to allocate $20,000 to data collection, $40,000 to selective enforcement and $40,000, if necessary, will be held for any possible physical devices that may be necessary for installation. Initially each community will be limited to one street per community based on the current funding. Examples of physical traffic calming devices are: speed humps, chokers, raised crosswalk, traffic circle, crosswalk refuge and chicane. On May 21, 1998, the Traffic Court Judges were briefed on the Traffic Calming Program. Staff's discussion focused on the third phase of the program, which is the increased penalty of a $200 fine for speeding. Chief Justice Tom Ammons noted that, under current status, the $200 fine for posted neighborhoods couM be circumvented. Ifa violator elected to prepay the fine prior to their court date, they would not be subject to the maximum $200. State Code allows a violator to prepay the fine at the established fine rate of $3. OO for each mile per hour over the speed limit, plus court cost. JUdge Ammons advised if the officer identifies the violation occurred in a neighborhood with proper signage indicating the $200 maximum fine, the Court has the discretion of increasing the fine. Traffic Engineering discussed this issue with the City Attorney's Office to determine if this "loophole" could be closed. Assistant City Attorney Randy Blow indicated there may be an opportunity available if the language in the ordinance being prepared is structured properly. The City Attorney's office will research whether the City has the authority to mandate a court appearance under this circumstance. June 23, 1998 -7- CITY MANAGER'S BRIEFING TRAFFIC CALMING PROGRAM ITEM # 43691 (Continued) Information relative the speed humps utilized in Norfolk will be provided A Speed Hump Program Evaluation Report was distributed to City Council and is hereby made a part of the record. June 23, 1998 -8- AGENDA RE VIEW SESSION 2:58 P.M. ITEM # 43692 Ordinance to authorize the acquisition of Agricultural Land Preservation Easements (ARP) and the issuance by the City of its contract obligations (Blackwater Borough): a. Purchase Agreement No. 1998 - 2170. 72 Acres Rodney L. and Peggy $. Foster Robert E. and Margaret S. Shreeves Sam T. Jr. and Joan F. Moore $96,508.00 Council Lady McClanan will vote a VERBAL NAY on this item. ITEM # 43693 Ordinance to AMEND the FY 1997-1998 Capital Budget by establishing the Public Safety Emergency Communication System (CIP #3-009), making the following funds available re purchase of a replacement E-911 Computer-aided Dispatch (CAD) system: a. APPROPRIATE $1,000,000 in Lease-Purchase Revenue b. TRANSFER $471,900 from the FY 1997-1998 Operating Budget c. TRANSFER $1,015,189from various other Capital Projects Council Lady Henley inquired relative $100, 000 of the financing being derived from the Water and Sewer Fund Reserve for Contingencies. The City Manager advised there were a certain number of emergency calls which are made for Public Utilities. T he Public Safety Answering Point/Emergency Communications Center utilizes a computer aided dispatch system to dispatch Emergency Medical Services, Fire and Police to citizens calling 9-1-1. The failure ora vendor to deliver a functional Computer Aided Dispatch System (CADS) as contracted has placed the City in a situation where a replacement system must be secured. Councilman Heischober inquired relative the recourse against the Bonding Company. The City Manager advised there will be a presentation in Executive Session on some of the elements of cost recovery. ITEM # 43694 J. 7 Ordinance to TRANSFER $290,038 from the General Fund Reserve for Contingencies to the FY 1997 - 1998 Virginia Beach Court Service Unit Operating Budget re Secure Detention Services for Juveniles. Council Lady Parker inquired relative the transfer. The approved FY 1997-98 budget included funding of $9 71,389for 14, 600 detention days; however, based on current usage, it is projected that the number of days will be about 19,062. The Virginia Beach Court Service Unit requests $290,038 in additional funding for the unanticipated increase in currently funded costs for juvenile secure detention services. Council Lady McClanan advised the parents should assist in the cost. The City Manager advised a Committee is working internally to determine more cost effective services and he will pass this suggestion to them. June 23, 1998 -9- AGENDA RE VIEW SESSION ITEM # 43695 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: ORDINANCES J. 1 Ordinance to authorize the acquisition of AgriculturalLand Preservation Easements (ARP) and the issuance by the City of its contract obligations (Blackwater Borough): Purchase Agreement No. 1998 - 21 70. 72 Acres $96,508.00 Rodney L. and Peggy S. Foster Robert E. and Margaret S. Shreeves Sam T. Jr. and Joan F. Moore Ordinance to AMEND Sections of the Virginia Beach City Code re motor vehicles, bringing them into conformance with recent amendments to their State Code counterparts: Section 21-2 Section 21-23 Section 21-116 Section 21-323.1 Section 21.443 re Definitions re Unauthorized taking, possession or use of inspection stickers re Obstructions to windshield or windows generally re Prohibiting use of devices on motor vehicles to detect presence of radar upon highways or OPeration of motor vehicles so equipped or sale of such devices re Safety devices for protection of motorcycle operators and passengers J. 3. STREET CLOSURE POLICY ao Ordinance to AMEND Article V, Chapter 33 of the Virginia Beach City Code, ADDING Section 33-111.2 re Appointment of Viewers for one (O-year terms to view each and every street or alley proposed to b~e altered or vacated. b° Ordinance to APPOINT the Directors of Planning, Public Works and General Services as VIEWERS to serve a one (1)- year term beginning 1 July 1998 and ending 30 June 1999 to view each and every application for closure ora street or alley and report in writing to the Planning Commission. c. Resolution to establish a policy re the Street Closure Process. J. 4 Ordinance to AMEND the FY 1997-1998 Capital Budget by establishing the Public Safety Emergency Communication System (CIP #3-009), making the following funds available re purchase of a replacement E-911 Computer-aided Dispatch (CAD) system: a. APPROPRIATE $1,000,000 in Lease-Purchase Revenue b. TRANSFER $471,900 from the FY 1997-1998 Operating Budget c. TRANSFER $1,015,189from various other Capital Projects June 23, 1998 -IO- ,4GENDA RE VIEW SESSION ITEM # 43695 (Continued) J. 5. Ordinance to APPROPRIATE $100,000 within the School Communication Tower Technology Special Revenue Fund for FY 1998-1999; decrease estimated revenues from the Commonwealth of Virginia by $396,416: and, increase total appropriations within the FY 1998-1999 School Grants Fund by $16,994. ,[.6. Ordinance to APPROPRIATE $5,998 from interest on bank deposits accrued from the Deed of Trust Note for the closure of a portion of Old Donation Parkway to Ferry Farm House Restoration (CIP #3-107). J. 7. Ordinance to TRANSFER $290,038 from the General Fund Reserve for Contingencies to the FY 1997 - 1998 Virginia Beach Court Service Unit Operating Budget re Secure Detention Services for Juveniles. ,1.8. Ordinance to TRANSFER $155,000 within the Community Development Special Revenue Fund of the FY 1997-1998 Operating Budget re rehabilitating and refinancing rental housing for low and moderate income families; and, authorize the City Manager execute a contract between the City and Samaritan House in the amount of $280, 000 to accomplish these purposes. J. 9 Ordinance to authorize the City of Virginia Beach to acquire, by agreement or condemnation, necessary temporary dredge and pipeline easements, and oyster ground releases from thirty-six (36) property owners for the Western Branch Lynnhaven River Project (CIP #8-109). JlO Annual Permit Renewal for area private, municipal and non- profit Emergency Medical Service (EMS) organizations, O1 July 1998 through 30 June 1999: Advanced Wheelchair Transport, Inc. Al's Wheelchair Transportation American Medical Response, Inc. - Contingent upon renewal of business license Chesapeake Fire Department Children's Hospital of the Kings Daughters DOCC Transportation, Inc. Eastern Medical Transport Medical Transport, Inc. - Contingent upon renewal of business license Nightingale Air Ambulance Norfolk Fire and Paramedical Services J11. License Refunds $14,101.21 June 23, 1998 -11- .4 GENDA RE VIE W SESSION ITEM # 43695 (Continued) RESOLUTIONS K. 1 Resolution to authorize the City Manager execute two agreements re administration of the Cape Henry Lighthouse Restoration Project (CIP t49-275): ao Virginia Department of Transportation (VDOT), estimated cost for engineering and construction $200,000 (Project funding approval received from ISTEA). Association for the Preservation of Virginia Antiquities (APVA), to provide the City's portion of 20% of the cost of the Project, plus any additional costs which exceed the estimated total cost. K. 2 Resolution to authorize execution and delivery of a Continuing Disclosure Agreement in connection with the issuance by the Virginia Public School Authority of its School Financing and Refunding Bonds (1997Resolution) Series 1997-1, certain of the proceeds of which refunded City of Virginia Beach, School Bonds, Series 1991 A, to be effective immediately. Council Lady McClanan will vote a VERBAL NAY on Item J.l.. June 23, 1998 - 12- AGENDA RE VIEW SESSION ITEM # 43696 L. 1 Application of JAMES P. BRICE, JR. to authorize an enlargement of nonconforming use on the North side of 26th Street, 170 feet West of Arctic Avenue (409 26th StreeO re enlargement of an existing 400 square foot garage apartment (VIRGINIA B EA CH B OR 0 UGH). Council Lady Parker inquired relative this becoming a legal nonconforming use. Robert J. Scott, Director of Planning, advised the applicant has applied to enlarge an existing 400 square foot garage apartment. The apartment went into use in 1981, making it an illegal use rather than a nonconforming use. To be a legal nonconforming use, the garage apartment must have been in useprior to 1957. The applicant bought the property in 1990 and has requested additional time to provide verification and is requesting an indefinite deferral. ITEM # 43 69 7 L. 2 Application for variances to the Subdivision Ordinance: VIRGINIA S. FOWLER, et al, at3900 Old ShellRoad (LYNNHAVEN BOROUGH), Section 4.4 (b) relating to lot width requirements and 4.1 relating to right-of-way improvements re division into twelve separate building sites. Councilman Harrison requested this be discussed during the Formal Session. ITEM # 43698 L.4. Application of BACK BAY CHRISTIAN ASSEMBLY for a Conditional Use Permit for a pre-school in connection with a church on the East side of Princess Anne Road, South of Vaughan Road (1196 Princess Anne Road), containing 11.6 acres (PUNGO BOROUGH). Council Lady Henley referenced correspondence from Pastor Kevin R. Milcarek requesting an amendment to the conditions. They are requesting the total number of children be increased to 25. This is a new church and they have permission to have a trailer just outside the church for a classroom. They were under the impression the maximum number of children (18) referred only to the trailer. There will be an additional class room inside the building. Relative Condition 1: Restroom facilities shall be located adjacent to each of the two (2) existing classrooms. They are agreeable to installing a restroom in the trailer; however, they found this facility must be handicapped accessible and the trailer did not have the width to comply with this condition. This requirement cannot be waived. A handi-capped accessible restroom is located within the building. Therefore, the applicant is requesting Condition 1 be eliminated. ITEM # 43699 L.5 Application of MICHAEL D. SIFEN, INC., a Virginia Corporation for a Change of Zoning District Classification_from R-5D Residential Duplex District to Conditional B-2 Communi~ Business District at the Northeast corner of Lynnhaven Parkway and Salem Road, containing 5.17 acres (KEMPSVILLE BOROUGH). This item will be discussed during the Formal Session relative access concerns. June 23, 1998 - 13- AGENDA RE VIEW SESSION ITEM # 43 700 L. 6 Applications of HUNTASSISTED LIVING, L.L.C. on the West side of Diamond Springs Road beginning 250feet more or less North of Wesleyan Drive, containing 2.9659 acres (BAYSIDE BOROUGH). c. Change ofZoningDistrict ClasMfication from 0-1 Office District to 0-2 Office District (CZO amendments re senior housing allow this use with a CUP in the 0-1 Office District and rezoning is no longer required.) b. Conditional Use Permit for a nursing home L. 9 Application of the CITY OF VIRGINIA BEACH to AMEND Sections 111, 235, 401, 501, 601, 801, 901, 1110, 1125, 1511, 1521 and 1531 of the City Zoning Ordinance (CZO) re definition of and standards pertaining to, housing for seniors and disabled persons. The City Attorney advised Item L. 9 should be acted upon simultaneously or prior to L. 7. a. Item L. 9 eliminates the need for the Change of Zoning Classification. ITEM # 43 701 L. 7 Application of C H & B ASSOCIATES, L.L.P. for an Amendment to the approved Land Use Plan_for the Brenneman Farm Planned Unit Development to allow relocation of approved uses within the remaining undeveloped 193 acre site (KEMPSVILLE BOROUGH): a. 17 acres designated for office use relocated to the North side of South Plaza Trail 16 acres of commercial property relocated to the Northeast corner of the South Plaza Trail and Princess Anne Road intersection c. 15 acres adjacent to the Northeast of Catholic High School designated for an expansion of the existing school Relative Council Lady Parker's inquiry, Robert J. Scott, Director of Planning, advised the applicant is converting a very large number of units to retirement units. This application was first approved by City Council in 1971. This original plan comprised 241 acres and consisted of mixed residential uses with a total of 1024 units, 16 acres of commercial development and a 23 acre office park. A very general land use plan was adopted designating the location of each land use type. Mr. Scott advised Council Lady Henley relative the condition concerning the 16 acre commercial area, the City is not in a position to re-evaluate the nature of the use commercial versus apartments, but are advising the applicant before same is developed, City Council must approve the conceptual plans. Council Lady Henley had concerns relative a commercial use near the high school; however, the representatives of the school seemed comfortable with same. June 23, 1998 - 14- AGENDA RE VIEW SESSION ITEM # 43702 L. 8 RECONSIDERATION of the Application of THE SOUTHLAND CORPORA TION for an Amendment to the Green Run Land Use Plan to allow gasoline sales in con[unction with a convenience store and a car wash at the Northeast corner of South Independence Boulevard and Lynnhaven Parkway, containing 2.414 acres (PRINCESS ANNE BOROUGH). This item shall be discussed during the Formal Session ITEM # 43703 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA. L. 1 Application of JAMES P. BRICE, JR. to authorize an enlargement of nonconforming use on the North side of 26th Street, 170 feet West of Arctic Avenue (409 26tn StreeO re enlargement of an existing 400 square foot garage apartment (VIRGINIA BEACH BOROUGH). L. 2. Applications for variances to the Subdivision Ordinance: J. ROBERT ADDENBROOK at 211 69th Street (LYNNHAVEN BOROUGH), Section 4.4 (b) which requires all lots created by subdivision meet all requirements of the City Zoning Ordinance (CZO) re re-subdivision of the existing site into three lots. COVINGTON CONTRACTING, INC. at the Southern extremity of Hawaiian Drive (L YNNHA VEN BOROUGH), Section 4.4 (b) which requires ali lots created by subdivision meet ali requirements of the CZO re legal creation of two building sites for single family development. BILL HEYWOOD BRAZIER at 2081 Tazewell Road (BA YSIDE BOROUGH), Section 9.3 re moving an existing lot line by four feet (4 ~ to eliminate an encroachment and resubdivision into two buildable lots. L. 3 Application of FOUNDRY UNITED METHODIST CHURCH for a Conditional Use Permit for a church (additions) on'Lots 5, 6, 7, 8, 9 and lO feet of Lot 10, Block 2, Lynnhaven Park (2801 Virginia Beach Boulevard), containing 4.5 acres (L YNNHA VEN BOROUGH). L. 4. Application of BACK BAY CHRISTIAN ASSEMBLY for a Conditional Use Permit for a pre-school in connection with a church on the East side of Princess Anne Road, South of Vaughan Road (1196 Princess Anne Road), containing 11.6 acres (PUNGO BOROUGH). June 23, 1998 - 15- GENDA RE VIEW SESSION ITEM # 43703 (Continued) L. 6. Applications of HUNT ASSISTED LIVING, L.L.C. on the West side of Diamond Springs Road beginning 250feet more or less North of Wesleyan Drive, containing 2.9659 acres (BAYSIDE BOROUGH). Change of Zoning District Classification from 0-1 Office District to 0-2 Office District (CZO amendments re senior housing allow this use with a CUP in the 0-1 Office District and rezoning is no longer required.) b. Conditional Use Permit for a nursing home L. 7 ao Co Application of C H & B ASSOCIATES, L.L.P. for an Amendment to the approved Land Use Plan for the Brenneman Farm Planned Unit Development to allow relocation of approved uses within the remaining undeveloped 193 acre site (KEMPSVILLE BOROUGH): 17 acres designated for office use relocated to the North side of South Plaza Trail 16 acres of commercial property relocated to the Northeast corner of the South Plaza Trail and Princess Anne Road intersection 15 acres adjacent to the Northeast of Catholic High School designated for an expansion of the existing school Application of the CITY OF VIRGINIA BEACH to AMEND Sections 111, 235, 401, 501, 601, 801, 901, 1110, 1125, 1511, 1521 and 1531 of the City Zoning Ordinance (CZO) re definition of and standards pertaining to, housing for seniors and disabled persons. Item L. 1. will be DEFERRED INDEFINITELY B Y CONSENT. Item L 4. will be APPROVED, BY CONSENT WITH AMENDED CONDITIONS. Item L. 6. a. REQUIRES NO ACTION. June 23, 1998 -16- CITY COUNCIL CONCERNS 3:18 P. M. ITEM # 43 704 Councilman Branch referenced the School Board Meeting broadcast. In addition to very emotional speech making there was discussion relative the amount of surplus funds available. An accounting was requested. Councilman Branch advised apparently there are expenditures made in June that are not normally made the other 11 months of the year. It appeared this was attributed to additional FICA requirements. A categorical summary of these expenditures is going to be provided. Projected surplus is now being utilized to fund certain things in next year's budget and there are items that are back-loaded in the School's expenses. Councilman Branch advised apparently from the end of May to what they have left to spend is a $60-MILLION differential. Their average monthly expenses are in the $30-3 5-MlLLIONrange, which leaves approximately a $25-MILLION difference; however the projection is a $10-MILLIONsurplus. Councilman Branch wished to be advised. E. Dean Block, Director of Management Services, advised these issues are being investigated. Since the comment was made on June 16, 1998, that the surplus would be less than the $14-MILLION, but rather $10-1/2-MILLION. The staff has been investigating the School's pattern of spending in the last few months. The City Manager will advise. ITEM # 43 705 Council Lady Henley referenced "naming rights ". Coming to the City Council Session, she noticed the directional sign for the Amphitheater. It only states: "GTE AMPHITHEATER ". Virginia Beach is not mentioned. Council Lady Henley always believed this was supposed to be the Virginia Beach GTE AMPHITHEATER and she has suggested it be repainted to correctly reflect Virginia Beach's ownership. ITEM # 43 706 Vice Mayor Sessoms advised he has requested the City Attorney prepare a written response pertaining to reverting to a City Council appointed School Board. Vice Mayor Sessoms wishes this response to include how the terms of those School Board Members presently serving could be protected. During the last City Council election, Vice Mayor Sessoms was advised at the polls by many individuals who felt they had made a mistake in supporting an Elected School Board. Vice Mayor Sessoms has great respect for the current School Board and those recently appointed. However, legislation is necessary to make the change and should be considered for the 1999 General Assembly. ITEM # 43707 Council Lady McClanan referenced the newspaper article concerning the School System's Early Retirement and the amount of approximately $500 they receive per day for their work. Mayor Oberndorf further referenced the approximate $500 retired school teachers receive per day for substitute teaching. Mayor Oberndorf advised when she was a substitute teacher she received approximately $10 per day with $8.20 received after taxes. Council Lady Parker referenced the correspondence dated June 11, 1998from Superintendent Timothy R. Jenney to the City Manager. At the May 19, 1998, School Board meeting, the School Board suspended the School Division 'S early Retirement Incentive Program (ERIP) for one year. The Board took this action to reconcile the proposed 1998-99 Budget. As of June 2, 1998, School Board meeting, legal counsel advised the Board that it may suspend ERIP but the suspension does not eliminate the Board's obligation to those individuals who have retired and are already enrolled in ERIP. Based on this information, the Board directed the Administration to pursue with the City an option f or funding this obligation for all current enrollees. Further, the Board passed a motion halting the acceptance of any further applications for ERIP as of June 2, 1998. The purpose of the letter was to request the $2,424,339 allocated to the School General Revenue Capital Projects Fund be reduced to $1,202,442, and the $1,221,897, required to met the Division 'S obligation to these Retirees be funded for this CIP account and moved into the 1998-99 School Board Operating Budget. June 23, 1998 -17- CITY COUNCIL CONCERNS ITEM # 43 707 (Continued) E. Dean Block, Director of Management Services, advised in theory, the Early Retirement program was suppose to be self-liquidating and pay for itself. The notion was if someone retires, they were obviously retiring at a higher rate of pay. Even if you had to replace that individual, they would be replaced at a lower rate of pay. This difference was suppose to be used in part to cover those additional costs associated with the substitution process. This never happened. As a consequence, budgeting never occurred for those costs. During the process, when the Superintendent was reviewing their Budget, the Schools believed the cost would be approximately $400,000 in the FY 1998-99 and also believed they could cease the program. The obligations, when actually recalculated, totaled $1.2-MILLION rather than $400,000. An Early Retirement program was created by the State and offered to all with the Virginia Retirement System. The City Council in 1991 approved the Early Retirement Program conditioned upon the fact that an approximate equal number of positions would be eliminated. Approximately 50 individuals chose early retirement and these positions were matched with deleting a position in the Government. Therefore, there were no continuing budget costs. The School System 's program is not sponsored by the State and is a local program. Mr. Block will advise when the School's early retirement program was instituted. Councilman Heischober referenced if the agreement was predicated on an even dollar exchange. The City Attorney will investigate and provide information. Councilman Baum, in jest, requested an "Emergency Ordinance" be DRAFTED for him to be paid $500 to substitute on City Council. ITEM # 43 708 Mayor Oberndorf wished to be advised of the number of employees who have retired on total disability with a 5/10/15-year service or less and why we do not reassign them to a less stressingposition. Mayor Oberndorf also requested data concerning costs. In the private sector, one must be very disabled or iH and the insurance companies verify same by periodic investigation. Mr. Block advised this information will be provided. ITEM # 43 709 Mayor Oberndorf expressed appreciation to Andy Friedman, Director of Housing and Neighborhood Preservation. Upon arriving at the U.S. Conference of Mayors, she received a note from HUD advising the City's recognition on its Housing and Neighborhood Preservation Program and the Neighborhood Institute. Mayor Oberndorfhad breakfast with the new Director of the Federal Communications Commission, William E. Kennard, a very intelligent young man. The reference is to the loss of the ability to control the number of towers. The decision had been made not to fight same through the Federal courts, but to leave it up to each State. Mr. Kennard is working with a special committee comprised of members of NACO, and U.S. Conference of Mayors to devise a model ordinance regarding the placement of towers. Mayor Oberndorf also spoke with Secretary for the Department of Transportation, Rodney Slater, regarding T-21 (previously lSTEA). Many in attendance advised the funds for bridges will not begin to cover the needs in many cities, much less mass transit, maintenance and building of new highways. June 23, 1998 -18- ITEM # 43710 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, June 23, 1998, at 3:45 P.M. Council Members Present: John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: Louisa M. Strayhorn June 23, 1998 -19- ITEM Pt 43 711 Mayor Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To Wit: Appointments: Boards and Commissions Transition III Study Committee PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A) (3). 31 ~t Street Property LEGAL MATTER& Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344(A)(7). To-Wit: FLSA Cases - Bailey, et al v. City of Virginia Beach Quagliato v. City of Virginia Beach City of Virginia Beach v. Stratus Computer, Inc. and Federal Insurance Company Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and Vice Mayor William D. Sessoms Council Members Voting Nay: None Council Members Absent: Louisa M. Strayhorn June 23, 1998 - 20- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June 23, 1998, at 6:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: None INVOCATION: Reverend John O. Ponder III New Light Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Wachovia Bank disclosed there were no matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Wachovia Bank. The Vice Mayor regularly makes this Disclosure as he may or may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of January 1, 1998, is hereby made a part of the record. June 23, 1998 Item V-E. - 21 - CER TIFICA TION OF EXECUTIVE SESSION ITEM # 43 712 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members ,4bsent: None June 23, 1998 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 43711, Page 19, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the govern!rig body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. R/uth Hodg~ Smith, CMC/AAE City Clerk June 23, 1998 - 22 - Item V-F. 1. MINUTES ITEM # 43 713 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of June 9, 1998. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William IV. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor V~illiam D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 23, 1998 Item V-G. ADOPT AGENDA FOR FORMAL SESSION - 23 - ITEM # 43 714 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION June 23, 1998 - 24- Item V-H. MA YOR 'S PRESENT,4 TION SUN WHEELERS ITEM # 43715 Mayor Oberndorf PROCLAIMED: JUNE 23, 1998 AS SUN WHEELERS DA Y The Sun Wheelers .program began in 1976 as a recreational program provided by the City of Virginia Beach's Parks and Recreation Department As the Sun Wheelers' teams grew in size and recognition, it became apparent that support was necessary to cover expenses. In 1979 a group of local businessmen formed Sun Wheelers, Inc. which enabled the teams to seek donations from the public to cover expenses. Sun Wheelers, Inc. is a volunteer non-profit organization made up of wheelchair athletes, friends and supporters of wheelchair sports who seek to foster public awareness of wheel chair athletics and help establish wheel chair sports as a legitimate avenue of athletic expression for the physically disabled. The Wheelchair Basketball Team captured second place in the National Wheelchair Basketball Association's final four competition featured on ESPN. The Junior Track and Field Team set numerous new national records in Fisherville and are looking forward to the Junior Nationals in Seattle, Washington. The Virginia Beach Wheelchair Tennis Classic hosted at Owl's Creek brought participants throughout the Middle Atlantic Region. Jody Shiflett ACCEPTED the Proclamation and presented the Mayor and the City a limited edition lithograph from P. Buckley Moss. June 23, 1998 Item V-I. - 25- PUBLIC HEARING ITEM # 45 716 Mayor Oberndorf DECLARED A PUBLIC HEARING: AGRICULTURAL PRESERVATION PROGRAM (ARP) (Blackwater Borough) Rodney L. and Peggy S. Foster Robert E. and Margaret S. Shreeves Sam T. Jr. and Joan F. Moore There being no speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING. June 23, 1998 - 26- Item V-J. ORDINANCES/RESOL UTIONS ITEM # 43 717 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED IN ONE MOTION Ordinances 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 and Resolutions I and 2 of the CONSENTAGENDA. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba $. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None Council Lady McClanan voted a VERBAL NAY on Item J. 1. (ARP). June 23, 1998 -27- Item V-J. 1. ORDINANCES ITEM # 43718 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance to authorize the acquisition of Agricultural Land Preservation Easements (ARP) and the issuance by the City of its contract obligations (Blackwater Borough): Purchase Agreement No. 1998 - 21 70. 72 Acres $96,508.00 Rodney L. and Peggy S. Foster Robert E. and Margaret S. Shreeves Sam T. Jr. and Joan F. Moore Voting: 10-1 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Reba $. McClanan Council Members Absent: None June 23, 1998 1 2 3 4 5 AN ORDINANCE AUTHORIZING THE ACQUISITION OFAN AGRICULTURAL LAND PRESERVATION EASEMENT AND THE ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF $96,508. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been presented to the City Council for approval an Installment Purchase Agreement for the acquisition of the Development Rights (as defined in the Installment Purchase Agreement, a true copy of which is hereto affixed) on certain property located in the City and more fully described in Exhibit B of the Installment Purchase Agreement for a purchase price of $96,508; and WHEREAS, the aforesaid Development Rights shall be acquired through the acquisition of a perpetual agricultural land preservation easement, as defined in, and in compliance with, the requirements of the Ordinance; and WHEREAS, the City Council has reviewed the proposed terms and conditions of the purchase as evidenced by the Installment Purchase Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The City Council hereby determines and finds that the proposed terms Development Rights and conditions of the purchase of the pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance, and the City Manager is hereby authorized to approve, upon or before the execution and delivery of the Installment Purchase Agreement, the rate of interest to accrue 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 on the unpaid principal balance of the purchase price set forth hereinabove as the greater of 5% per annum or the per annum rate which is equal to the yield on United States Treasury STRIPS purchased by the City to fund such unpaid principal balance; provided, however, that such rate of interest shall not exceed 6.75% unless the approval of the City Council by resolution duly adopted is first obtained. 2. The City Council hereby further determines that funding is available for the acquisition of the Development Rights pursuant to the Installment Purchase Agreement on the terms and conditions set forth therein. 3. The City Council hereby expressly approves the Installment Purchase Agreement in the form and substance presented at this meeting and, subject to the determination of the City Attorney that there are no defects in title to the property or other restrictions or encumbrances thereon which may, in the opinion of the City Attorney, adversely affect the City's interests, authorizes the City Manager to execute and deliver the Installment Purchase Agreement in substantially the same form and substance as presented at this meeting with such minor modifications, insertions, completions or omissions which do not materially alter the purchase price or manner of payment, as the City Manager shall approve. The City Council further directs the City Clerk to affix the seal of the City to, and attest same on, the Installment Purchase Agreement. The City Council expressly authorizes the incurrence of the indebtedness represented by the issuance and delivery of the Installment Purchase Agreement. 60 61 62 63 64 4. The City Council hereby elects to issue the indebtedness under the Charter of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the indebtedness a contractual obligation bearing the full faith and credit of the City. 65 66 Adopted by the Council of the City of Virginia Beach, Virginia, on this 23 day of June , 1998. 67 68 69 Adoption requires an affirmative vote of a majority of all members of the City Council. 70 71 72 73 CA-7016 NONCODE\FOSTER.ORN Ri PREPARED: MAY 15, 1998 74 75 76 77 APPROVED AS TO CONTENT: Agriculture De~ APPROVED AS TO LEGAL SUFFICIENCY: L~a~ Department 78 79 8o CERTIFIED AS TO AVAILABILITY OF FUNDS: Director of Finance ~ RODNEY L. FOSTER AND PEGGY S. FOSTER, Husband and Wife, ROBERT E. SHREEVES AND MARGARET S. SHREEVES, Husband and Wife and SAM T. MOORE, JR. AND JOAN F. MOORE, Husband and Wife, the "Seller" and CITY OF VIRGINIA BEACH, VIRGINIA the "City" INSTALLMENT PURCHASE AGREEMENT (Agreement No. 1998-21) Section Pa~e ARTICLE 5 PROVISIONS RELATING TO EXCLUSION OF INTEREST FROM INCOME FOR FEDERAL INCOME TAXATION SECTION 5.1 SECTION 5.2 Intent of City and Tax Covenant of City ...................... 9 Acknowledgment of Seller with Regard to Tax Consequences of Transaction .............................. 9 ARTICLE 6 THE REGISTRAR SECTION 6.1 SECTION 6.2 SECTION 6.3 SECTION 6.4 SECTION 6.5 Appointment of Registrar ................................. 9 Ownership of Agreement .................................. 9 Removal of Registrar and Appointment of Successor Registrar .................................... 10 Qualifications of Successor Registrar ....................... 10 Successor by Merger or Consolidation ...................... 10 ARTICLE 7 MISCELLANEOUS SECTION 7.1 SECTION 7.2 SECTION 7.3 SECTION 7.4 SECTION 7.5 SECTION 7.6 SECTION 7.7 SECTION 7.8 SECTION 7.9 SECTION 7.10 Successors of City ...................................... 10 Parties in Interest ....................................... 10 Binding Effect ......................................... 11 Severability ........................................... 11 Prior Agreements Cancelled; No Merger ..................... 11 Amendments, Changes and Modifications ................... 11 No Personal Liability of City Officials ...................... 11 Governing Law ........................................ 11 Notices ............................................... 11 Holidays .............................................. 12 Signatures and Seals .................................................... 13 EXHIBIT A - EXHIBIT B - EXHIBIT C - EXHIBIT D - EXHIBIT E - Form of Deed of Easement Description of Land Permitted Encumbrances Form of Assignment Transfer of Agreement - Schedule of Transferees 111 TABLE OF CONTENTS (This Table of Contents is not part of the Installment Purchase convenience of reference) Agreement and is only for .Section Page RECITALS ........................................................... 1 AGREEMENTS ........................................................ 1 ARTICLE 1 DEFINITIONS SECTION 1.1 Definitions ............................................. 2 SECTION 1.2 Rules of Construction .................................... 4 ARTICLE 2 SALE AND PURCHASE OF DEVELOPMENT RIGHTS SECTION 2.1 Agreement to Sell and Purchase Development Rights ........... 4 SECTION 2.2 Delivery of Deed of Easement .............................. 4 ARTICLE 3 PAYMENT OF PURCHASE PRICE SECTION 3.1 Payment of Purchase Price ................................. 5 SECTION 3.2 Registration and Transfer of this Agreement ................... 5 SECTION 3.3 Mutilated, Lost, Stolen or Destroyed Agreement ............... 7 ARTICLE 4 REPRESENTATIONS AND WARRANTIES SECTION 4.1 Representations and Warranties of the City .................... 7 SECTION 4.2 Representations and Warranties of the Seller .................. 8 ii INSTALLMENT PUR(~HASE AOREEMENT (Agreement No. 1998-21) THIS INSTALLMENT PURCHASE AGREEMENT (this "Agreement") is made as of the __ day of , 199_ between Rodney L. Foster and Peggy S. Foster, Husband and Wife, Robert E. Shreeves and Peggy S. Shreeves, Husband and Wife, and Sam T. Moore, Jr., and Joan F. Moore, Husband and Wife (collectively, the "Seller") and CITY OF VIRGINIA BEACH, VIRGINIA, a body politic and corporate of the Commonwealth of Virginia (the "City"). RECITALS A. Pursuant to the authority granted by the Open-Space Land Act, Chapter 17, Title 10.1 of the Code of Virginia of 1950, as amended (the "Act"), the City adopted the Ordinance (hereinafter defined in Section 1.1) to promote and encourage the preservation of agricultural land in designated areas within the southern portion of the City. B. In furtherance of the purposes of the Act and the Ordinance, the City has established the Agricultural Reserve Program of the City which provides for the acquisition of Development Rights (hereinafter defined in Section 1.1) through the purchase of agricultural land preservation easements with respect to property located in the portions of the City covered by the Ordinance. C. The Seller is the owner in fee simple of Land (hereinafter defined in Section 1.1) which is located in that portion of the City subject to the Ordinance and meets the eligibility criteria of Section 7 of the Ordinance. D. The Seller has agreed to sell, and the City has agreed to purchase, Seller's Development Rights in the Land on and subject to the terms and conditions hereinafter set forth. AC~REEMENTS NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency whereof are hereby acknowledged, the Seller and the City hereby agree as follows: ARTICLE 1 DEFINITIONS SECTION 1.1 Definitions. As used in this Agreement, the following terms have the following meanings, unless the context clearly indicates a different meaning: "Agricultural Use" means (i) the bona fide production of crops, animal or fowl, including, but not limited to, the production of fruits, vegetables, honey, grains, meat, poultry and dairy products, the raising of livestock and poultry, and the production and harvest of products from horticultural, silvicultural or aquacultural activity, (ii) the repair, expansion or replacement of no more than one (1) bona fide dwelling occupied by the landowner or tenant as of the date of application for entry in the Agricultural Reserve Program and no more than one freestanding mobile home, as permitted by Section 19-19 of the Virginia Beach City Code, and (iii) accessory uses directly related to agricultural activities conducted on the same property, including the sale of agricultural products as permitted by Section 401 of the Virginia Beach City Zoning Ordinance. The term does not include the processing of agricultural, silvicultural, horticultural or aquacultural products, except as an accessory use. "Business Day" or "business day" means a day on which (a) banks located in the City and in the city in which the principal office of the Registrar is located are not required or authorized by law or executive order to close for business, and (b) The New York Stock Exchange is not closed. "City" means the City of Virginia Beach, Virginia, a body politic and corporate and a political subdivision created and existing under and by virtue of the Constitution and laws of the State, its successors and assigns. "City Council" means the Council of the City. "City Manager" means the City Manager of the City. "Code" means the Internal Revenue Code of 1986, as amended. Each reference to the Code herein shall be deemed to include the United States Treasury Regulations in effect or proposed from time to time with respect thereto. "Deed of Easement" means the Deed of Easement of even date herewith from the Seller to the City, which shall convey the Development Rights to the City in perpetuity. The Deed of Easement shall be substantially in the form attached hereto as Exhibit A and made a part hereof. "Development Rights" mean the rights of the Seller in the Land to develop the Land for any use other than an Agricultural Use. Development Rights shall include, but not be 2 limited to, the right to develop the Land for any commercial, industrial or residential use except as expressly permitted by the Ordinance. "Enabling Legislation" means, collectively, (1) the Open Space Land Act, Chapter 17 of Title 10.1 of the Code of Virginia of 1950, as amended, and (2) the Ordinance. "Estate Settlement Transfer" means the transfer by the legal representative of the estate of a deceased Seller of such Seller's rights in and to this Agreement in connection with the distribution of the deceased Seller's estate or other settlement of such decedent Seller's estate. "Interest Payment Date" means June 1 and December 1 in each year, commencing ., 199_. "Land" means the tract or tracts of land located in Virginia Beach, Virginia, containing approximately acres, and more particularly described in Exhibit B attached hereto and made a part hereof. "Ordinance" means the Agricultural Lands Preservation Ordinance adopted by the City Council on May 9, 1995, as Appendix J to the City Code, as the same may be amended or modified from time to time. "Permitted Encumbrances" mean the encumbrances listed on Exhibit C attached hereto and made a part hereof and any encumbrances on or with respect to the Land or any portion thereof hereafter approved, in writing, by the City. "Person" or "person" means any natural person, finn, association, corporation, company, trust, partnership, public body or other entity. "Purchase Price" means $96,508, the purchase price to be paid by the City to the Registered Owner in accordance with this Agreement. "Record Date" means the fifteenth (15th) day (whether or not a Business Day) of the calendar month immediately preceding each Interest Payment Date and the principal payment date. "Registered Owner" means the registered owner of this Agreement as shown on the registration books maintained by the Registrar. "Registrar" means First Union National Bank of Virginia or any other person hereafter appointed by the City to act as Registrar and paying agent for this Agreement. 3 "Seller" means, collectively, Rodney L. Foster and Peggy S. Foster, Husband and Wife, Robert E. Shreeves and Peggy S. Shreeves, Husband and Wife, and Sam T. Moore, Jr., and Joan F. Moore, Husband and Wife. "State" means the Commonwealth of Virginia. SECTION 1.2 Rules of Construction. (a) The words "hereof," "herein," "hereunder," "hereto," and other words of similar import refer to this Agreement in its entirety. (b) The terms "agree" and "agreements" contained herein are intended to include and mean "covenant" and "covenants." Agreement Agreement. (c) References to Articles, Sections, and other are to the designated Articles, Sections, and other subdivisions of this subdivisions of this (d) The headings of this Agreement are for convenience only and shall not define or limit the provisions hereof. (e) All references made (i) in the neuter, masculine or feminine gender shall be deemed to have been made in all such genders, and (ii) in the singular or plural number shall be deemed to have been made, respectively, in the plural or singular number as well. ARTICLE 2 SALE AND PURCHASE OF DEVELOPMENT RIGHTS SECTION 2.1 A_m'eement to Sell and Purchase DeveloPment Rights. The Seller agrees to sell the Development Rights in the Land to the City and the City agrees to purchase the Development Rights in the Land from the Seller on the date hereof for the Purchase Price. SECTION 2.2 Delivery_ of Deed 0fEasement. In order to evidence the sale of the Development Rights to the City, the Seller shall execute and deliver to the City on the date hereof the Deed of Easement in the form attached hereto as Exhibit A and made a part hereof. The Deed of Easement shall be recorded in the Clerk's Office of the Circuit Court of the City. 4 ARTICLE 3 PAYMENT OF PURCHASE PRICE SECTION 3.1 Payment of Purchase Price. (a) The City shall pay the principal portion of the Purchase Price to the Registered Owner in a single installment on ,202_ [25-year maturity date]. The Purchase Price is 96,508. (b) Interest on the unpaid principal balance of the Purchase Price shall accrue from the date of recordation of the Deed of Easement and shall be payable to the Registered Owner on ., 199_, and semiannually thereafter on June 1 and December 1 in each year to and including ., 202, at the rate of % per annum. Interest shall be calculated on the basis of a 360-day year of twelve 30-day months. (c) Both the single installment of principal of the Purchase Price and the interest on the unpaid balance thereof are payable in lawful money of the United States of America at the time of payment. (d) Payment of interest on the unpaid balance of the Purchase Price shall be made by the City on each Interest Payment Date to the Registrar. The Registrar shall forward all such interest payments by check or draft mailed to the person(s) appearing on the registration books of the City maintained by the Registrar as the Registered Owner on the Record Date, at the address of such Registered Owner as it appears on such registration books. The single installment of principal of the Purchase Price shall be paid on the principal payment date set forth in Subsection (a) above by the Registrar to the Registered Owner as of the Record Date upon presentation and surrender of this Agreement at the office of the Registrar. (e) The City's obligation to pay the Purchase Price hereunder and to pay interest on the unpaid balance of the Purchase Price is a general obligation of the City, and the full faith and credit and the unlimited taxing power of the City are irrevocably pledged to the punctual payment of the Purchase Price and the interest on the unpaid principal balance of the Purchase Price as and when the same respectively become due and payable. SECTION 3.2 Registration and Transfer of this Agreement. (a) Until the Purchase Price and all interest thereon have been paid in full, the City shall maintain and keep at the offices of the Registrar, registration books for the registration and transfer of this Agreement; and upon presentation of this Agreement for such purpose at the offices of the Registrar, the Registrar shall register or cause to be registered on such registration books, and permit to be transferred thereon, under such reasonable regulations as the City or the Registrar may prescribe, the ownership of this Agreement. The Registrar, however, shall not be required to make any such registration and transfer during the period from the Record Date to the next succeeding Interest Payment Date or final principal payment date. (b) Except for an Estate Settlement Transfer, this Agreement may not be transferred by the Registered Owner prior to the expiration of a one (1) year period from the date this Agreement has been fully executed, delivered and become effective, and any such attempted transfer shall be null and void. The Registrar shall be instructed not to make any such transfers (other than an Estate Settlement Transfer) on its registration books kept for the purpose of registering the transfer of this Agreement prior to the expiration of said one (1) year period. (c) The Seller is the original Registered Owner. This Agreement shall be transferable only upon the books of the City maintained for such purpose by the Registrar, at the written request of the Registered Owner as then shown on such registration books or his attorney duly authorized in writing, upon presentation and surrender of this Agreement, together with a written instrument of transfer substantially in the form attached hereto as Exhibit D, or as may otherwise be satisfactory to and approved by the Registrar in writing, duly executed by the Registered Owner or his attomey duly authorized in writing. Upon the surrender for transfer of this Agreement, the Registrar shall complete the Schedule of Transferees attached hereto as Exhibit E with the name, address and tax identification number of the transferee Registered Owner, and the date of the transfer; provided, however, that if there is any conflict between the information set forth in Exhibit E hereto and the registration books maintained by the Registrar, the information shown on such registration books shall control. The City and the Registrar may deem and treat the person in whose name this Agreement is registered upon the books of the City maintained by the Registrar as the absolute owner of this Agreement, whether any payments hereunder shall be overdue or not, for the purpose of receiving payment of, or on account of, the Purchase Price and interest thereon and for all other purposes, and all such payments so made to any such Registered Owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon this Agreement to the extent of the sum or sums so paid, and neither the City nor the Registrar shall be affected by any notice to the contrary. For every registration of transfer of this Agreement, the City or the Registrar may make a charge sufficient to reimburse themselves for any tax or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such transfer as a condition precedent to the exercise of the privilege of registering such transfer. 6 SECTION 3.3 Mutilated. Lost. Stolen or Destroyed Agreement. In the event that this Agreement is mutilated, lost, stolen or destroyed, the City and the Registered Owner (as then shown on the registration books maintained by the Registrar) shall execute and deliver a substitute agreement having the same terms and provisions as the mutilated, lost, stolen or destroyed Agreement; provided that, in the case of any mutilated Agreement, such mutilated Agreement shall first be surrendered to the Registrar, and, in the case of any lost, stolen or destroyed Agreement there shall be first furnished to the City and the Registrar evidence of such loss, theft or destruction satisfactory to the City and the Registrar, together with indemnity satisfactory to each of them in their sole discretion. The City and the Registrar may charge the Registered Owner requesting such new Agreement their expenses and reasonable fees, if any, in this connection. If after the delivery of such substitute Agreement, a bona fide purchaser of the original Agreement (in lieu of which such substitute Agreement was issued) presents for payment such original Agreement, the City and the Registrar shall be entitled to recover such substitute Agreement from the person to whom it was delivered or any other person who receives delivery thereof, except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity provided therefor or otherwise to the extent of any loss, damage, cost or expense incurred by the City and the Registrar in connection therewith. ARTICLE 4 REPRESENTATIONS AND WARRANTIES SECTION 4.1 Representations and Warranties of the City. The City makes the following representations and warranties: the State. (a) The City is a body politic and corporate and a political subdivision of (b) The City has the necessary power and authority to acquire the Development Rights, to enter into this Agreement, to perform and observe the covenants and agreements on its part contained in this Agreement and to carry out and consummate all transactions contemplated hereby. By proper action, the City has duly authorized the execution and delivery of this Agreement. (c) This Agreement has been duly and properly authorized, executed, sealed and delivered by the City, constitutes the valid and legally binding obligation of the City, and is enforceable against the City in accordance with its terms. (d) There are no proceedings pending or, to the knowledge of the City, threatened before any court or administrative agency which may affect the authority of the City to enter into this Agreement. 7 SECTION 4.2 Representations and Warranties of the Seller. The Seller makes the following representations and warranties: (a) The Seller has full power and authority to execute and deliver this Agreement and the Deed of Easement, and to incur and perform the obligations provided for herein and therein. No consent or approval of any person or public authority or regulatory body is required as a condition to the validity or enfomeability of this Agreement or the Deed of Easement, or, if required, the same has been duly obtained. (b) This Agreement and the Deed of Easement have been duly and properly executed by the Seller, constitute valid and legally binding obligations of the Seller, and are fully enforceable against the Seller in accordance with their respective terms. (c) There is no litigation or proceeding pending or, so far as the Seller knows, threatened before any court or administrative agency which, in the opinion of the Seller, will materially adversely affect the authority of the Seller to enter into, or the validity or enforceability of, this Agreement or the Deed of Easement. (d) There is (i) no provision of any existing mortgage, indenture, contract or agreement binding on the Seller or affecting the Land, and (ii) to the knowledge of the Seller, no provision of law or order of court binding upon the Seller or affecting the Land, which would conflict with or in any way prevent the execution, delivery, or performance of the terms of this Agreement or the Deed of Easement, or which would be in default or violated as a result of such execution, delivery or performance, or for which adequate consents, waivers or, if necessary, releases or subordinations, have not been obtained. (e) There exist no liens, security interests or other encumbrances on or with respect to the Land (other than Permitted Encumbrances), and at the time of execution and delivery of the Deed of Easement there will be no liens, security interests or other encumbrances of the Development Rights to be conveyed thereby. (f) The Seller is not a nonresident alien of the United States of America for purposes of federal income taxation. (g) The Social Security Number(s) of the Seller [is] [are] ~ [(for ) and (for .)]. The representations in subsections (f) and (g) above are made under penalties of perjury and the information contained therein may be disclosed by the City to the Internal Revenue Service. The Seller acknowledges that any false statement in such subsections could be punished by fine, imprisonment or both. (h) To the best of the knowledge, information and belief of the Seller, the Land has not been used for the manufacture, storage, treatment, disposal or release of any hazardous waste or substance. ARTICLE 5 PROVISIONS RELATING TO EXCLUSION OF INTEREST FROM INCOME FOR FEDERAL INCOME TAXATION SECTION 5.1 Intent of City and Tax ¢0venant of City. The City intends that the interest payable under this Agreement shall not be includable in the gross income of the Registered Owner for purposes of federal income taxation pursuant to Section 103 of the Code. Accordingly, the City shall not knowingly take or permit to be taken any other action or actions or omit or fail to take any action, which would cause this Agreement to be an "arbitrage bond" within the meaning of Section 148 of the Code, or which would otherwise cause interest payable under this Agreement to become includable in the gross income of any Registered Owner for purposes of federal income taxation. SECTION 5.2 Acknowledgment of Seller with Regard to Tax Consequences of Transaction. The Seller has received an opinion from Kaufman & Canoles, P.C., Bond Counsel, dated the date hereof, to the effect that under existing laws, regulations, rulings and decisions, interest payable under this Agreement is not includable in the gross income of the Seller for federal income tax purposes, which opinion assumes continuous compliance with certain covenants in the Tax Certificate and Compliance Agreement to be executed and delivered by the City on the date of delivery of this Agreement and is otherwise limited in accordance with its terms. The Seller acknowledges that Seller has made Seller's own independent investigation and has consulted with such attorneys, accountants and others as the Seller shall have selected in the Seller's sole discretion to advise the Seller with respect to all other tax considerations related to the transaction contemplated hereby (including, but not limited to, installment sales treatment under Section 453 of the Code, charitable contribution deductions under Section 170 of the Code, and federal estate tax implications); and the Seller certifies that the Seller has not looked to or relied upon the City or any of its officials, agents or employees, or to Bond Counsel, with respect to any of such matters. ARTICLE 6 THE REGISTRAR SECTION 6.1 Appointment 0fRegistrar. First Union National Bank of Virginia is hereby designated and appointed to act as Registrar for this Agreement. SECTION 6.2 Ownership of A~eement. The Registrar, in its individual capacity or as trustee for holders of participation interests in this Agreement, may in good faith buy, sell, 9 own and hold this Agreement, and may join in any action which any Registered owner may be entitled to take with like effect as if it did not act as Registrar hereunder. The Registrar, in its individual capacity, either as principal or agent, may also engage, or have an interest, in any financial or other transaction with the City, and may act as depository, trustee or agent for other obligations of the City as freely as if it did not act in any capacity hereunder. SECTION 6.3 Removal of Registrar and Appointment of Successor Registrar. The City shall have the right, subject to the terms of any agreement with the Registrar, to remove the Registrar any time by filing with such Registrar to be removed, and with the Registered Owner, an instrument in writing. Notwithstanding the foregoing, such removal shall not be effective until a successor Registrar has assumed the Registrar's duties hereunder. The City shall have the sole right to select a successor Registrar. SECTION 6.4 Qualifications of Successor Registrar. Any successor Registrar shall be either (a) the Department of Finance of the City, (b) an officer or employee of the City, or (c) a bank, trust company or other financial institution duly organized under the laws of the United States or any state or territory thereof which is authorized by law and permitted under the laws of the State to perform all the duties imposed upon it as Registrar by this Agreement. SECTION 6.5 Successor by Merger or Consolidation. If the Registrar is a bank, trust company or other fmancial institution, any institution or corporation into which the Registrar hereunder may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Registrar hereunder shall be a party or any institution or corporation succeeding to the corporate trust business (if any) of the Registrar, shall be the successor Registrar under this Agreement, without the execution or filing of any paper or any further act on the part of the parties hereto, anything in this Agreement to the contrary notwithstanding. ARTICLE 7 MISCELLANEOUS SECTION 7.1 Successors of City. In the event of the dissolution of the City, all the covenants, stipulations, promises and agreements in this Agreement contained, by or on behalf of, or for the benefit of, the City, the Seller, any other Registered Owner and the Registrar, shall bind or inure to the benefit of the successors of the City from time to time and any entity, officer, board, commission, agency or instrumentality to whom or to which any power or duty of the City shall be transferred. SECTION 7.2 Parties in Interest. Except as herein otherwise specifically provided, nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person, firm or corporation, other than the City, the Seller, any other Registered 10 Owner and the Registrar, any right, remedy or claim under or by reason of this Agreement, this Agreement being intended to be for the sole and exclusive benefit of the City, the Seller, any other Registered Owner from time to time of this Agreement and the Registrar. SECTION 7.3 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns, including, without limitation, all Registered Owners from time to time of this Agreement. SECTION 7.4 Severability. In case any one or more of the provisions of this Agreement shall, for any reason, be held to be illegal or invalid, such illegality or invalidity shall not affect any other provisions of this Agreement and this Agreement shall be construed and enforced as if such illegal or invalid provisions had not been contained herein or therein. SECTION 7.5 Prior Agreements Cancelled; No Merger. This Agreement shall completely and fully supersede all other prior agreements, both written and oral, between the City and the Seller relating to the acquisition of the Development Rights. Neither the City nor the Seller shall hereafter have any rights under such prior agreements but shall look solely to this Agreement and the Deed of Easement for definitions and determination of all of their respective rights, liabilities and responsibilities relating to the Land, the Development Rights and the payment for the Development Rights. In addition, this Agreement shall survive the execution and recording of the Deed of Easement in all respects and shall not be merged therein. SECTION 7.6 Amendments. Changes and Modifications. This Agreement may not be amended, changed, modified, altered or terminated except by an agreement in writing between the City and the then Registered Owner. An executed counterpart of any such amendment shall be attached to this Agreement and shall be binding upon such Registered Owner and all successor Registered Owners. SECTION 7.7 No Personal Liability of City Officials. No covenant or agreement contained in this Agreement shall be deemed to be the covenant or agreement of any official, officer, agent or employee of the City in his or her individual capacity, and neither the officers or employees of the City nor any official executing this Agreement shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the issuance thereofi SECTION 7.8 Governing Law. The laws of the State shall govem the construction and enforcement of this Agreement. SECTION 7.9 Notices. Except as otherwise provided in this Agreement, all notices, demands, requests, consents, approvals, certificates or other communications required under this Agreement to be in writing shall be sufficiently given and shall be deemed to have been 11 properly given three Business Days after the same is mailed by certified mail, postage prepaid, remm receipt requested, addressed to the person to whom any such notice, demand, request, approval, certificate or other communication is to be given, at the address for such person designated below: City: City Manager Municipal Center Virginia Beach, VA 23456 with a copy to: City Attorney Municipal Center Virginia Beach, VA 23456 Seller: Registrar: First Union National Bank of Virginia Corporate Trust Department 2nd Floor 901 East Cary Street Richmond, Virginia 23219 Any of the foregoing may, by notice given hereunder to each of the others, designate any further or different addresses to which subsequent notices, demands, requests, consents, approvals, certificates or other communications shall be sent hereunder. SECTION 7.10 Holidays. If the date for making any payment or the last date for performance of any act or the exercising of any right, as provided in this Agreement, shall not be a Business Day, such payment may, unless otherwise provided in this Agreement, be made or act performed or right exercised on the next succeeding Business Day with the same force and effect as if done on the nominal date provided in this Agreement, and in the case of payment no interest shall accrue for the period after such nominal date. WITNESS the signatures and seals of the parties hereto as of the date first above written. 12 [CITY'S SEAL] CITY: CITY OF VIRGINIA BEACH, VIRGINIA ATTEST: By:~ James K. Spore, City Manager City Clerk SELLER: (SEAL) (SEAL) Approved as to Legal Sufficiency: Approved as to Sufficiency of Funds: Deputy City Attomey Director, Department of Finance 13 COMMONWEALTH OF VIRGINIA AT LARGE, to-wit: The foregoing instrument was acknowledged before me in the City of Virginia Beach, Virginia, this __ day of ,19 , by James K. Spore, City Manager of the City of Virginia Beach, Virginia, and attested to by , City Clerk of the City of Virginia Beach, Virginia, on its behalf. (SEAL) My Commission Expires: Notary Public COMMONWEALTH OF VIRGINIA AT LARGE, to-wit: The foregoing instrument was acknowledged before me in the City of Virginia Beach, Virginia, this day of , 19 , by (SEAL) My Commission Expires: Notary Public 14 This instrument was prepared by Virginia Beach City Attorney's Office Exemption Claimed: § 58.1-811 (A)(3) § 58.1-811(C)(4) DEED OF EASEMENT EXHIBIT A THIS DEED OF EASEMENT is made this __ day of ,1998, by and between RODNEY L. FOSTER and PEGGY S. FOSTER, husband and wife; ROBERT E. SHREEVE$ and MARGARET SUE SHREEVE$, husband and wife; and SAM T. MOORE, JR. and JOAN F. MOORE, husband and wife (collectively, the "Grantor"), and CITY OF VIRGINIA BEACH, VIRGINIA, a body politic and corporate of the Commonwealth of Virginia (the "City") whose address is Municipal Center, Virginia Beach, Virginia 23456, Grantee. RECITALS WHEREAS, pursuant to the authority granted by the Open-Space Land Act, Chapter 17, Title 10.1 of the Code of Virginia of 1950, as amended (the "Act"), the City adopted the Agricultural Lands Preservation Ordinance (the "Ordinance") as Appendix J to the Code of the City of Virginia Beach, Virginia, as amended (the "City Code"), to promote and encourage the preservation of agricultural land in designated areas within the southern portion of the City; and WHEREAS, in furtherance of the purposes of the Act and the Ordinance, the City has established the Agricultural Reserve Program of the City which provides for the acquisition of development rights through the purchase of agricultural land preservation easements with respect to property located in the portions of the City covered by the Ordinance; and WHEREAS, the Grantor is the owner in fee simple of certain agricultural real property located in the City and more particularly described in Exhibit A hereto (the "Land"); and WHEREAS, the Land is located in that portion of the City subject to the Ordinance and meets the eligibility criteria of Section 7 of the Ordinance; and WHEREAS, the Grantor has agreed to sell to the City the Grantor's Development Rights (hereinafter defined) in the Land by executing and delivering this Deed of Easement and thereby restrict the use of the Land as described herein; and GPIN # 1388-37-8161, 1388-44-0141 WHEREAS, the City has agreed to purchase the Grantor's Development Rights in the Land to fulfill the policy and purposes of the City as set forth in the Act and the Ordinance; and WHEREAS, the transfer by the Grantor of the Development Rights in the Land shall be in perpetuity; and WHEREAS, in order to provide for the payment of the purchase price for the rights in the Land created hereby, the Grantor and the City have entered into an Installment Purchase Agreement of even date herewith (the "Installment Purchase Agreement"); GRANT NOW, THEREFORE, for and in consideration of the sum of TEN DOLLARS ($10.00), the covenants and promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor, for Grantor, Grantor's heirs, personal representatives, devisees, successors and assigns, and for any subsequent owner of the Land does hereby grant and convey, with general warranty and English covenants of title, unto the City, and its successors and assigns, forever and in perpetuity, an agricultural land preservation easement in, on, over and with respect to the Land restricting the Land to Agricultural Use and in furtherance thereof, does hereby grant and convey, with general warranty and English covenants of title, to the City, and its successors and assigns, forever and in perpetuity, all of the Development Rights with respect to the Land. TERMS, COVENANTS, CONDITIONS AND AGREEMENTS A. The Grantor for Grantor, Grantor's heirs, personal representatives, devisees, successors and assigns covenants with the City, (1) to refrain from engaging in any act or activity, or permitting to occur or suffering to exist any act or activity upon the Land which would constitute the exercise of a Development Right or a use other than an Agricultural Use, it being the intention of the parties that the Land shall be preserved for Agricultural Use in accordance with the provisions of the Ordinance; and (2) that this Deed of Easement shall create a perpetual easement, running with the Land and all portions thereof as an incorporeal and nonpossessory interest therein, enforceable against the Grantor and upon any purchaser, grantee, lessee, owner or other transferee of all or any portion of the Land and any other person or entity having any right, title or interest therein and upon their respective heirs, personal representatives, devisees, successors and assigns; and (3) that the covenants, conditions, limitations and restrictions contained herein are intended to limit the use of the Land as herein set forth. B. The parties, for themselves, their heirs, personal representatives, devisees, successors and assigns, further covenant and agree as follows: 2 (1) As used in this Deed of Easement the term "Development Rights" shall mean the right to develop the Land for any use, including without limitation, any commercial, industrial or residential use, other than for Agricultural Use. (2) As used in this Deed of Easement the term "Agricultural Use" means (i) the bona fide production of crops, animal or fowl, including, but not limited to, the production of fruits, vegetables, honey, grains, meat, poultry and dairy products, the raising of livestock and poultry, and the production and harvest of products from horticultural, silvicultural or aquacultural activity, (ii) the repair, expansion or replacement of no more than one (1) bona fide dwelling occupied by the landowner or tenant as of the date of application for entry in the Agricultural Reserve Program and no more than one freestanding mobile home, as permitted by Section 19-19 of the City Code, and (iii) accessory uses directly related to agricultural activities conducted on the same property, including the sale of agricultural products as permitted by Section 401 of the City Zoning Ordinance. The term does not include the processing of agricultural, silvicultural, horticultural or aquacultural products, except as an accessory use. (3) This Deed of Easement does not grant the public any fight of entry or access or any fights of use of the Land. (4) THIS EASEMENT SHALL EXIST IN PERPETUITY AND RUN WITH THE ENTIRE ACREAGE OF THE LAND. (5) The purpose of this Deed of Easement shall be to (i) promote and encourage the preservation of farmland, and promote and enhance agriculture as an important industry within the City, (ii) preserve the rural character of the southern part of the City, (iii) conserve and protect environmentally sensitive lands, waters and other resources, (iv) reduce and defer the need for major infrastructure improvements in the southern part of the City and the expenditure of public funds for such improvements, (v) preserve open spaces, and (vi) assist in shaping the character, direction and timing of community development. (6) In the event of a violation or attempted violation of any of the provisions hereof, the City and its successors and assigns, may institute and prosecute any proceeding at law or in equity to enforce the provisions hereof or to abate, prevent or enjoin any such violation or attempted violation. WITNESS, the hand and seal of the Grantor as of the date first above written. GRANTOR: Rodney L. Foster (SEAL) Peggy S. Foster (SEAL) Robert E. Shreeves (SEAt.) Margaret Sue Shreeves ,(SEAL) Sam T. Moore, Jr. (SEAL) Joan F. Moore (SEAL) APPROVED AS TO FORM AND ACCEPTED ON BEHALF OF THE CITY OF VIRGINIA BEACH CITY ATTORNEY 4 COMMONWEALTH OF VIRGINIA AT LARGE, to-wit: The foregoing instrument was acknowledged before me in the City of Virginia Beach, Virginia, this __ day of ,1998, by Rodney L. Foster and Peggy S. Foster, husband and wife, Grantor. Notary Public (SEAL) My Commission Expires: COMMONWEALTH OF VIRGINIA AT LARGE, to-wit: The foregoing instrument was acknowledged before me in the City of Virginia Beach, Virginia, this ~ day of ,1998, by Robert E. Shreeves and Margaret Sue Shreeves, husband and wife, Grantor. Notary Public (SEAL) My Commission Expires: COMMONWEALTH OF VIRGINIA AT LARGE, to-wit: The foregoing instrument was acknowledged before me in the City of Virginia Beach, Virginia, lthis __ day of ,1998, by Sam T. Moore, Jr. and Joan F. Moore, husband and wife, Grantor. (SEAL) My Commission Expires: Notary Public EXHIBIT A ALL THAT certain tract or parcel of land, situated in the City of Virginia Beach (formerly Pungo Magisterial District) in the State of Virginia, containing 88.4 acres, more or less, being a part of Subdivision "F", of the plat of Hillary E. Simmons land duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 2, page 23 and bounded and described as follows: BEGINNING at the Southwest comer of the land conveyed by Mike Holczer and wife to George Bodnar and wife by deed dated November 21, 1910, and duly recorded in the Clerk's Office aforesaid in Deed Book 85, page 375, in the northern line of Etel Karaly, formerly Ansell, which point is marked by a stake in the center of a ditch, and nmning thence along the line ofEtel Karaly S. 88° 06' W. 561.7 feet and S. 87° 51' W. 71.8 feet to the Eastem Line of the land conveyed by Mike Holczer and wife to Andrew Orosz; thence along said last mentioned line N. 2° 28' E. 5672.0 feet, crossing the road in common through the said Simmons tract, to a stake in the line of the land now or formerly Ives; thence along said last mentioned line N. 40° 6' E. 38.0 feet to an ash; N. 22° 21' E. 147.8 feet to an ash; N. 20° 51' E. 75.2 feet to a maple; N 8° 36' E. 123.4 feet to a maple; N. 66° 54' E. 102.3 feet to an ash; N. 82° 24' E. 179.4 feet to an ash; N. 74° 51' E. 153.8 feet to an ash; N. 8° 36' 114.2 to an ash; N. 25° 21' E. 153.8 feet to an ash, N. 8o36' E. 114.2 feet to an ash; N. 25° 21' E. 37.3 feet to a post in the Westem line of the land of the said George Bodnar; thence along the said Bodnar's line S. 2° 28' W. 254.1 feet to an ash; same course 62.7 feet to a gum; same course 62.7 feet to a gum; same course 221.8 feet to a dogwood; same course 627.0 feet to a stake; same course 644.8 feet to a pine; same course 432.0 feet to a beech; same course 251.2 feet to a sourwood; same course 437.6 feet to a station; same course 209.2 feet to a station; same course 721.4 feet to a gum; same course and crossing aforesaid common road 370.9 feet to a station, same course 811.7 feet to a gum; and thence same course 1513.4 feet to the point of beginning. LESS AND EXCEPT all portions of the above-described property, if any, which contain any of the following soil types: (1) Back Bay Mucky Peat; (2) Dorovan Mucky Peat; (3) Nawney Silt Loam; or (4) Pamlico Mucky Peat, Ponded. [LESS AND EXCEPT that certain tract, piece or parcel being a portion of the above described property designated and described as "#" as shown on that certain plat entitled: "#", Scale #" = #', dated #, prepared by #, which plat is attached hereto and recorded simultaneously herewith.] IT BEING a part of the same property conveyed to Rodney L. Foster, et ux, et al, from J. Randy Forbes, Trustee of the Helen Lukacs Charlton Revocable Living Trust by deed dated July 2, 1996, duly recorded in the aforesaid Clerk's Office in Deed Book ~., at page __ 7 EXHIBIT B ALL THAT certain tract or parcel of land, situated in the City of Virginia Beach (formerly Pungo Magisterial District) in the State of Virginia, containing 88.4 acres, more or less, being a part of Subdivision "F", of the plat of Hillary E. Simmons land duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 2, page 23 and bounded and described as follows: BEGINNING at the Southwest comer of the land conveyed by Mike Holczer and wife to George Bodnar and wife by deed dated November 21, 1910, and duly recorded in the Clerk's Office aforesaid in Deed Book 85, page 375, in the northern line of Etel Karaly, formerly Ansell, which point is marked by a stake in the center of a ditch, and running thence along the line of Etel Karaly S. 88° 06' W. 561.7 feet and S. 87° 51' W. 71.8 feet to the Eastern Line of the land conveyed by Mike Holczer and wife to Andrew Orosz; thence along said last mentioned line N. 2° 28' E. 5672.0 feet, crossing the road in common through the said Simmons tract, to a stake in the line of the land now or formerly Ives; thence along said last mentioned line N. 40° 6' E. 38.0 feet to an ash; N. 22° 21' E. 147.8 feet to an ash; N. 20° 51' E. 75.2 feet to a maple; N 8° 36' E. 123.4 feet to a maple; N. 66° 54' E. 102.3 feet to an ash; N. 82° 24' E. 179.4 feet to an ash; N. 74° 51' E. 153.8 feet to an ash; N. 8° 36' 114.2 to an ash; N. 25° 21' E. 153.8 feet to an ash, N. 8o36' E. 114.2 feet to an ash; N. 25° 21' E. 37.3 feet to a post in the Western line of the land of the said George Bodnar; thence along the said Bodnar's line S. 2° 28' W. 254.1 feet to an ash; same course 62.7 feet to a gum; same course 62.7 feet to a gum; same course 221.8 feet to a dogwood; same course 627.0 feet to a stake; same course 644.8 feet to a pine; same course 432.0 feet to a beech; same course 251.2 feet to a sourwood; same course 437.6 feet to a station; same course 209.2 feet to a station; same course 721.4 feet to a gum; same course and crossing aforesaid common road 370.9 feet to a station, same course 811.7 feet to a gum; and thence same course 1513.4 feet to the point of beginning. LESS AND EXCEPT all portions of the above-described property, if any, which contain any of the following soil types: (1) Back Bay Mucky Peat; (2) Dorovan Mucky Peat; (3) Nawney Silt Loam; or (4) Pamlico Mucky Peat, Ponded. [LESS AND EXCEPT that certain tract, piece or parcel being a portion of the above described property designated and described as "#" as shown on that certain plat entitled: "#", Scale #" = #', dated #, prepared by #, which plat is attached hereto and recorded simultaneously herewith.] IT BEING a part of the same property conveyed to Rodney L. Foster, et ux, et al, from J. Randy Forbes, Trustee of the Helen Lukacs Charlton Revocable Living Trust by deed dated July 2, 1996, duly recorded in the aforesaid Clerk's Office in Deed Book __, at page __ EXHIBIT "C" PERMITTED ENCUMBRANCES Taxes for the fiscal year 1998/1999 and any/all stormwater fees, which are liens not yet due and payable, and taxes and stormwater fees for all subsequent billing periods. Roll Back Taxes. Such other restrictions and encumbrances which, in the opinion of the City Attorney, do not adversely affect the interest of the City of Virginia Beach in and to the agricultural land preservation easement and the rights granted to the City in the Deed of Easement. ASSIGNMENT EXHIBIT D FOR VALUE RECEIVED, ([collectively,] the "Registered Owner") hereby and sell[s], assign[s] and transfer[s] unto , without recourse, all of the Registered Owner's right, title and interest in and to the Installment Purchase Agreement to which this Assignment is attached; and the Registered Owner hereby irrevocably directs the Registrar (as defined in such Agreement) to transfer such Agreement on the books kept for registration thereof. The Registered Owner hereby represents, warrants and certifies that there have been no amendments to such Agreement [except ]. Date: Signature guaranteed: NOTICE: Signature must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company. NOTICE: The signature on this Assignment must correspond with the name of the Registered Owner as it appears on the registration books for the Installment Purchase Agreement referred to herein in every particular, without alteration or enlargement or any change whatever. 19 EXHIBIT E TRANSFER OF AGREEMENT - SCHEDULE OF TRANSFEREES The transfer of this Installment Purchase Agreement may be registered only by the Registered Owner under such Agreement in person or by its duly authorized officer or attorney upon presentation hereof to the Registrar, who shall make note thereof in the books kept for such purpose and in the registration blank below. Date of Registration of Transfer Name and Address of Transferee Registered Seller Tax I.D. No. of Transferee Signature of Registrar o 20 Item V-J. 2. - 28- ORDINANCES ITEM # 43 719 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance to AMEND Sections of the Virginia Beach City Code re motor vehicles, bringing them into conformance with recent amendments to their State Code counterparts: Section 21-2 Section 21-23 Section 21-116 Section 21-323.1 Section 21.443 re Definitions re Unauthorized taking, possession or use of inspection stickers re Obstructions to windshield or windows generally re Prohibiting use of devices on motor vehicles to detect presence of radar upon highways or operation of motor vehicles so equipped or sale of such devices re Safety devices for protection of motorcycle operators and passengers Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 23, 1998 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 AN ORDINANCE TO AMEND VARIOUS SECTIONS OF THE CITY CODE PERTAINING TO MOTOR VEHICLES BY BRINGING THEM INTO CONFORMANCE WITH RECENT AMENDMENTS TO THEIR STATE CODE COUNTERPARTS SECTIONS AMENDED: SECTIONS 21-2, 21-23, 21-116, 21-323.1, AND 21-443 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 21-2, 21-23, 21-116, 21-323.1, and 21-443 of the City Code are hereby amended and reordained to read as follows: Sec. 21-2. Definitions. The following words and phrases, when used in this chapter, shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section, except in those instances where the context clearly indicates a different meaning: Residence district: The territory contiguous to a highway, not comprising a business district, where seventy-five (75) percent or more of the property contiguous to abutting such highway, on either side of the highway, for a distance of three hundred (300) feet or high . _ .... ~A~ ~.. ~ .... ~ ..... ~ consists of more along the way, zs o~ .... ~ ......... ~ ..... land improved for dwelling purposes, or is occupied by dwellings, ......... ~ ................. ~ ~ ........ or consists of land or buildings in use for business purposes. Sec. 21-23. Unauthorized taking, possession or use of inspection stickers. (a) No person shall, within this city, remove from the custody of any person to whom the same has been issued by or under authority of the superintendent, nor have in his possession or use otherwise than as authorized by the superintendent, the sticker or 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 other form or paper issued by the superintendent in connection with the inspection of motor vehicles. (b) Any person violating this section shall be .... "-~^~ ~" ~ ............. ,~ ............. gu of a Class 1 misdemeanor. Sec. 21-116. Obstructions to windshield or windows generally. (a) Except as otherwise provided in this article or permitted by state or federal law, it shall be unlawful for any person to operate any motor vehicle upon a highway within the city with any sign, poster, colored or tinted film or sun-shading material or other colored material on the windshield, front or rear side windows or rear windows of such motor vehicle. This provision, however, shall not apply to any certificate or other paper required by law or permitted by the superintendent to be placed on a motor vehicle's window or windshield. (b) Notwithstanding the provisions of subsection (a) of this section, whenever a motor vehicle is equipped with a mirror on each side of such vehicle, so located as to reflect to the operator of such vehicle a view of the highway for a distance of not less than two hundred (200) feet to the rear of such vehicle, any or all of the following shall be lawful: (1) To drive a motor vehicle equipped with one (1) optically grooved clear plastic right-angle rear view lens attached to one (1) rear window of such motor vehicle, not exceeding eighteen (18) inches in diameter in the case of a circular lens or not exceeding eleven (11) inches by 2 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 (2) (3) fourteen (14) inches in the case of a rectangular lens, which enables the operator of the motor vehicle to view below the line of sight as viewed through the rear window; To have affixed to the rear side windows, rear window or windows of a motor vehicle any sticker or stickers, regardless of size; or To drive a motor vehicle when the driver's clear view of the highway through the rear window or windows is otherwise obstructed. (c) Except as provided in Code of Virginia section 46.2-1053, but notwithstanding the foregoing provisions of this section, no sun-shading material or tinting film may be applied or affixed to any window of a motor vehicle unless such motor vehicle is equipped with a mirror on each side of such motor vehicle, so located as to reflect to the driver of the vehicle a view of the highway for at least two hundred (200) feet to the rear of such vehicle, and the sun-shading material or tinting film is applied or affixed in accordance with the following: (1) No sun-shading material or tinting films may be applied or affixed to the rear side windows or rear window or windows of any motor vehicle operated on the highways of this city that reduce the total light transmittance of such window to less than thirty-five (35) percent; (2) No sun-shading material or tinting films may be applied or affixed to the front side windows of any motor vehicle operated on the highways of this city that reduce total light transmittance of such window to less than fifty (50) percent; 3 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 (3) No sun-shading material or tinting films shall be applied or affixed to any window of a motor vehicle that have a reflectance of light exceeding twenty (20) percent; (4) Any person who operates a motor vehicle on the highways of this city with sun-shading material or tinting films that have a total light transmittance less than that required by subdivisions (1) and (2) of this subsection or a reflectance of light exceeding twenty (20) percent shall be guilty of a traffic infraction but shall not be awarded any demerit points by the commissioner for the violation; (5) Any person or firm who applies or affixes to the windows of any motor vehicle in this city sun-shading material or tinting films that reduce the light transmittance to levels less than that allowed in subdivisions (1) and (2) of this subsection or that have a reflectance of light exceeding twenty (20) percent shall be guilty of a Class 3 misdemeanor for the first offense and of a Class 2 misdemeanor for any subsequent offense. (d) The Virginia Division of Purchases and Supply, pursuant to Code of Virginia section 2.1-446, shall determine the proper standards for equipment or devices used to measure light transmittance through windows of motor vehicles. Law-enforcement officers shall use only such equipment or devices to measure light transmittance through windows that meet the standards established by the division. Such measurements made by law-enforcement officers shall be given a tolerance of minus seven (-7) percentage points. 4 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 (e) No film or darkening material may be applied on the windshield except to replace the sunshield in the uppermost area as installed by the manufacturer of the vehicle. (f) Nothing in this section shall be construed as prohibiting the affixing to the rear window of a motor vehicle of a single sticker no larger than twenty (20) square inches in area if such sticker is totally contained within the lower five (5) inches of the glass of such rear window, nor shall the provisions of subsection (b) of this section be applied to a motor vehicle to which but one such sticker is so affixed. (g) Nothinq in this section shall prohibit applying to the rear side windows or rear window of any multi-purpose passenger vehicle or pickup truck sun-shading or tinting films that reduce the total light transmittance of such window or windows below thirty-five (35) percent. (h) As used in this article: "front side windows" means those windows located adjacent to and forward of the driver's seat; "rear side windows" means those windows located to the rear of the driver's seat; "rear window" or "rear windows" means those windows which are located to the rear of the passenger compartment of a motor vehicle and which are approximately parallel to the windshield; and ~multi-purpose passenger" vehicle means any motor vehicle that is (i) designated to carry no more than ten (10) persons and (ii) constructed either on a truck chassis or with special features for occasional off-road use. (i) Notwithstanding the foreaoing provisions of this section, sun-shading material which was applied or installed prior to July 1, 1987, in a manner and on which windows not then in violation of Virginia law, shall continue to be lawful, provided that it can be 5 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 shown by appropriate receipts that such material was installed prior to July 1, 1987. ~ (j) Operation of a vehicle equipped by the manufacturer with tinted glass conforming to federal department of transportation specifications shall not constitute a violation of this section. ~, (k) Where a person is convicted within one (1) year of a second or subsequent violation of this section, or of section 46.2-1052 of the Code of Virginia, involving operation of the same vehicle having a tinted or smoked windshield, the court, in addition to any other penalty, may order the person so convicted to remove such tinted or smoked windshield from the vehicle. (i) (1) The provisions of this section shall not apply to law enforcement vehicles=7 (m) The provisions of subsection (c) (1) of this section shall not apply to sight-seeing carriers as defined in section 46.2-2200 of the Code of Virginia, or limousine and executive sedan carriers as defined in section 46.2-2500 of the Code of Virginia. Sec. 21-323.1. Prohibiting use of devices on motor vehicles to detect presence of radar upon highways or operation of motor vehicles so equipped or sale of such devices. (a) It shall be unlawful for any person to operate a motor vehicle upon the highways of this city when such vehicle is equipped with any device or mechanism passive or active, to detect or purposefully interfere with or diminish the measurement capabilities of any radar, laser, or other device or mechanism thc micrc~avcu arc employed by police to measure the speed of motor vehicles upon the highways of this city for law-enforcement purposes; it shall be unlawful to use any such device or mechanism upon any such motor vehicle upon the highways; it shall be unlawful 6 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 to sell any such device or mechanism in this city. Provided, however, that the provisions of this section shall not apply to any receiver of radio waves utilized for lawful purposes to receive any signal from a frequency lawfully licensed by any state or federal agency. Any person violating any provision of this section shall be guilty of a traffic infraction pursuant to sections 16.1-69.40:1 and 19.2-254.1, Code of Virginia, and shall, upon conviction thereof, be punished by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00). This section shall not be construed to authorize the forfeiture to the city of any such device or mechanism. Any such device or mechanism may be taken by the arresting officer if needed as evidence, and shall, when no longer needed, be returned to the person charged with a violation under this section, or at that person's request and his expense, mailed to an address specified by him. Any unclaimed devices may be destroyed upon court order after six (6) months have elapsed from the final date for filing an appeal. Except as provided under subsection (b) of this section, the presence of any such prohibited device or mechanism in or upon a motor vehicle upon the highways of this city shall constitute prima facie evidence of the violation of this section. The city need not prove that the device in question was in an operative condition or being operated. (b) No person shall be guilty of a violation of this section when the device or mechanism in question, at the time of the alleged offense, had no power source and was not readily accessible for use by the driver of any passenger in the vehicle. (c) This section shall not apply to motor vehicles owned by the commonwealth or any political subdivision thereof and which are 7 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 used by the police of any such government nor to law-enforcement officers in their official duties, nor to the sale of any such device or mechanism to law-enforcement agencies for use in their official duties. Sec. 21-443. Safety devices for protection of motorcycle operators and passengers. (a) A person operating a motorcycle shall wear a face shield, safety glasses or goggles or have his motorcycle equipped with safety glass or a windshield at all times while operating such vehicle, and operators and passengers thereon, if any, shall wear protective helmets. Operators and passengers riding on motorcycles with wheels of eight (8) three-wheeled motorcycles inches or less in diameter or in which have nonremovable roofs, windshields and enclosed bodies shall not be required to wear protective helmets. The superintendent shall establish standards for the windshields, face shields, glasses or goggles and protective helmets required herein. Failure to wear a face shield, safety glasses or goggles or a protective helmet shall not constitute negligence per se in any civil proceeding. (b) No motorcycle operator shall use any face shield, safety glasses or goggles or have his motorcycle equipped with safety glass or a windshield, unless of a type approved by the superintendent. (c) The provisions of subsection (a) of this section requirinq the wearinq of protective helmets shall not apply to operators of or passengers on motorcycles being operated (i) as part of an organized parade authorized by the Department. of TransPortation or the city and escorted, accompanied, or participated in by law-enforcement officers of the city and (ii) at speeds of no more than fifteen (15) miles per hour. 8 238 (c) (d) Any person who knowingly violates this section shall be 239 240 guilty of a traffic infraction punishable by a fine of not more than one hundred dollars ($100.00). 241 This ordinance shall become effective July 1, 1998. 242 243 244 245 246 247 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 23rd day of June, 1998. CA-7053 DATA/ORDIN/PROPOSED/21-002et.ORD R2 - PREPARED: June 17, 1998 APPROVED AS TO LEGAL SUFFICIENCY: Department of Law - 29- Item V-J. 3. ORDINANCES ITEM 14 43 720 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: STREET CLOSURE POLICY Ordinance to AMEND Article V, Chapter 33 of the Virginia Beach City Code, ADDING Section 33-111.2 re Appointment of Viewers for one (1)- year terms to view each and every street or alley proposed to be altered or vacated. Ordinance to APPOINT the Directors of Planning, Public Works and General Services as VIEWERS to serve a one (O-year term beginning 1 July 1998 and ending 30 June 1999 to view each and every application for closure of a street or alley and report in writing to the Planning Commission. Resolution to establish a policy re the Street Closure Process Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 23, 1998 1 2 3 4 5 AN ORDINANCE TO AMEND ARTICLE V, CHAPTER 33 OF THE VIRGINIA BEACH CODE BY ADDING SECTION 33- 111.2 RELATING TO APPOINTMENT OF VIEWERS FOR ONE YEAR TERMS TO VIEW EACH AND EVERY STREET OR ALLEY PROPOSED TO BE ALTERED OR VACATED 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, Section 15.2-2006 requires cities to advertise and hold a separate hearing for appointment of viewers for each street closure; WHEREAS, pursuant to the request of the Virginia Beach City Council, the 1997 General Assembly added Section 15.2-2007.1 to the Virginia Code allowing a simplified appointment of viewers process for street closures; WHEREAS, Section 15.2-2007.1 authorizes the City of Virginia Beach to appoint three (3) to five (5) viewers for terms of one year to view each and every street or alley proposed to be altered or vacated during the term. The notice requirements of Section 15.2-2204 shall be complied with for each hearing regarding discontinuance of the street or alley proposed to be altered or vacated. The applicant for closure of streets or alleys for which viewers have been appointed pursuant to this section shall not be required to advertise, and City Council shall not be required to hold a separate hearing for appointment of viewers for each specific street or alley proposed to be altered or vacated; and WHEREAS, City Council desires to appoint three viewers for terms of one year beginning July 1 of each year to view each and every street or alley proposed to be altered or vacated during the term and, in addition to the notice requirements of Section 15.2-2204 of the Code of Virginia, continue to require applicants 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 to post signs 9ivin9 the public notice of each public hearin9 as provided in Section 33-111.1 of Code of Virginia Beach. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 33-111.2 of the Code of the City of Virginia Beach, Virginia, is hereby added as follows: Sec. 33-111.2 Appointment of viewers for one year terms. Three viewers shall be appointed each year to serve terms of one year beginning July i to view each and every street or alley The applicant proposed to be altered or vacated durinq the term. for closure of streets or alleys shall advertise, and City Council shall not be not be required to required to hold a separate hearing, for appointment of viewers for each specific street or alley proposed to be altered or vacated. The notice requirements of ~ 15.2-2204 of the Code of Virginia and § 33-111.1 of the Code of Virginia Beach shall be complied with for each hearing regarding discontinuance of the street or alley proposed to be altered or vacated. Also, the applicant and City Council shall comply with all other provisions of Section 15,2-2006 of the Code of Virginia for the alteration and vacation of streets and alleys. Adopted by the Council of the City of Virginia Beach, 23 Jiune Virginia, on the day of , 1998. CA-6710 G: \ DATA\ORDIN\NONCODE \ 33 - 111 - 2 . ORD R-2 PREPARED: 7/9/97 1/28/98 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL 1 2 3 4 AN ORDINANCE APPOINTING VIEWERS FOR ONE (1) YEAR TERMS TO VIEW EACH STREET OR ALLEY PROPOSED TO BE CLOSED 9 10 11 12 13 14 15 16 17 18 19 WHEREAS, Section 33-111.2 of the Code of the City of Virginia Beach allows City Council to appoint three (3) viewers to serve a one-year term beginning July I to view each and every street or alley proposed to be altered or vacated during the term. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Director of Planning, Director of Public Works and Director of General Services of the City of Virginia Beach are hereby appointed viewers to serve a one-year term beginning July 1, 1998, and ending June 30, 1999, to view each and every application to close a street or alley and report in writing whether in their opinion, any, and if any, what inconvenience would result from discontinuing the street or alley or portion thereof. Adopted by the Council of the City of Virginia Beach, 23 June Virginia, on the day of , 1998. 20 21 22 23 24 CA-6711 G: \DATA\ORDIN\NONCODE\CA6711. ORD R-1 PREPARED: 6/20/97 6/~6/9~ APPROVED AS TO LEGAL SUFFICIENCY AND FORM t CITY A~TORNEY 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 A RESOLUTION ESTABLISHING A POLICY REGARDING THE STREET CLOSURE PROCESS WHEREAS, at the request of the City Council and the City Manager, the City Attorney has developed a proposed policy to simplify the street closure process; WHEREAS, if this policy is adopted, the street closure process will be simplified without disturbing the ability of interested parties to appear and present their views regarding the proposed closure of a particular street; WHEREAS, the City Council desires to adopt the proposed policy to govern the street closure process; NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIAs That the attached "Policy For Street Closures" is hereby established as the policy which directs the efficient handling of street closures in the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, 23 June Virginia, on the day of , 1998. CA-6709 G: \DATA\ORDIN\NONCODE\CA6709. RE4 R-3 PREPARED: 8/20/97 APPROVED AS TO CONTENTS S I~ -~URE APPROVED AS TO LEGAL City Council Policy Title: POLICY FOR STREET CLOSURES I Date of Revision: Date of Adoption: I Ordinance Number: Page 1 of 3 1.0 Pur~)oee and Need The City Council and the City Manager requested the City Attorney to develop a policy to simplify the street closure process. The necessity for appointing viewers for each specific street closure request, the number of hearings required for consideration of a street closure request, and the indefinite nature of a pending application were identified as sources of delay and inefficiency. This policy addresses each of these areas and simplifies the street closure process by: 1) appointing viewers once a year for all street closures; 2) reducing the number of required hearings; and 3) requiring applicants to meet conditions of closure within a fixed period of time. The 1997 General Assembly passed legislation granting Council the authority to appoint viewers for one- year terms to view each street closure application filed during the term without having separate hearings to appoint viewers. Section 33-111.2 of the Code of the City of Virginia Beach, Virginia, is prepared to comply with this new statute. In addition to the above, this new City Code section requires all public hearings to be advertised and affected persons to be notified so that they may appear and present their views regarding the proposed closure of a particular street. Previously the Code of Virginia required three public hearings for street closures: 1) appointment of viewers; 2) Planning Commission; and 3) conditional and/or final closure. By custom and practice over the years, the Virginia Beach street closure process expanded to include at least four public hearings because there have been separate hearings for the preliminary/conditional closure and for final closure. The preliminary/conditional closure and final closure hearings can be combined into one, thereby reducing the number of hearings. By appointing viewers for one year terms, another hearing is eliminated. This policy provides for notifying applicants at the inception of the process that conditions of closure must be timely finalized or the application will be deemed denied without further action by City Council. Additionally, the date established for meeting the conditions will not be extended administratively and may be extended by the City Council only if the Council finds that the failure to meet all conditions has not been caused by the applicant's failure to pursue satisfaction of the conditions. Requiring that conditions of closure be finalized within one year from the date of Council action will discourage deferral requests, while simplifying the street closure process. 2.0 Policy A. Viewers will be appointed for one year terms to view each street closure application filed during that time. There will be two (2) public hearings for street closures: 1) a hearing by the Planning Commission for recommendations to City Council; and 2) a subsequent hearing by City Council to consider whether to close the street. Title: POLICY FOR STREET CLOSURE Ordinance No. I Date of Revision: Page 2 of 3 Date of Adoption: Ce All public hearings must be advertised and affected persons notified so that they may appear and present their views regarding the proposed closure of a particular street. At the preliminary/conditional closure hearing, City Council will decide whether to approve or deny the street closure application. If the City Council approves the street closure, it will do so by ordinance which will provide the following: 1) A description of the street to be closed with a provision that the street is more particularly described on a resubdivision plat that must be approved by the Director of Planning; 2) The conditions of closure must be listed; 3) 4) 5) The applicant will have up to one year from the date of the Council action to meet the conditions and must diligently pursue satisfaction of the conditions during this time. An extension may be permitted by City Council where unique conditions require more time; in such case, City Council will specify the amount of time in the ordinance. The date established by Council for meeting all conditions may not be extended administratively and may be extended by the City Council only if the City Council finds that the failure of the applicant to meet all conditions has not been caused by the applicant's failure to diligently pursue satisfaction of the conditions; If the conditions are not fulfilled by the date established in the ordinance, the street closure application will be deemed null and void without further action by the City Council; For those applicants who meet all of the conditions of the closure on or before the date established by the City Council, the date of final closure is the date the street closure ordinance is recorded by the City Attorney. 6) Nothing stated above, including the failure to timely meet the conditions, prevents the refiling of a new application for closure of the same street or streets. 3.0 Procedurals) to Accomr~lish Policy The Viewers will meet and forward their written report to City Council and the Planning Commission. Separate preliminary/conditional closure and final closure hearings ara not required by law. This policy combines these into one preliminary/conditional closure hearing. City Council may decide to close a street subject to certain conditions; the ordinance must then include a statement that all conditions must be finalized on or before the date established by Council or the conditional vacation ordinance will not be recorded and will be deemed null and void. Conditions such as the resubdivision of the property, payment of fair market value, retainage of easements and other conditions must be reviewed, administered and approved by city staff before the street closure ordinance and resubdivision plat may be recorded. The city departments responsible for review and approval of conditions will respond to the applicant's inquiries regarding status of the application in a timely manner. 4.0 Resnonsibilitv and Authority A. Section 15.2-2007.1 of the Code of Virginia, authorizes the City Council to appoint three (3) viewers for a term of one year to view each and every street closure application provided that the adjacent Title: POLICY FOR STREET CLOSURE Ordinance No. Date I Date of Revision: Page 3 of 3 of Adoption: property owners and the public ere given notice of each hearing regarding the street closure pursuant to § 16.2-2204. Section 15.2-2006 of the Code of Virginia, authorizes the City Council to conditionally close e street which closure will, at the option of City Council, be null and void unless all conditions are met within a specified period. The Planning Department and the City Attorney's Office will have the responsibility and authority to insure all conditions of closure ere timely met before the street closure ordinance and resubdivlsion plat are recorded. D The applicant will have the responsibility of ensuring that all plats and documents are submitted to the Planning Department and/or City Attorney's Office, as required, with sufficient time available to provide for the City's normal review process within the one year time period permitted for completion of conditions. 5.0 Specific Reauirementm Pursuant to Section 15.2-2006 of the Code of Virginia, there will be a public hearing by the Planning Commission for recommendations to the City Council and a subsequent public hearing for Council to consider whether to close a street. If the City Council decides to close the street, conditions may be placed on the street closure applicant which must be finalized on or before the date established by the City Council in the ordinance. If the deadline is not met, the application will be automatically denied and the street closure will be deemed null and void without further action by the City Council. The City Attorney's Office will provide the street closure applicant copies of the City Council minutes setting forth those conditions that must be met on or before a certain date. If the applicant fails to timely pursue and satisfy all conditions of closure, the preliminary/conditional closure will be null and void. Approved as to Content: Director/Administrator Date Approved as to Legal Sufficiency: City Attorney Date Reviewed by: City Manager Date Item Number City Clerk Date G:~DATA~ORDINU~IONCOOLRPOUCY,SC - 30- Item V-J. 4. ORDINANCES ITEM # 43 721 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance to AMEND the FY 1997-1998 Capital Budget by establishing the Public Safety Emergency Communication System (CIP #3-009), making the following funds available repurchase of a replacement E-911 Computer-aided Dispatch (CAD) system: APPROPRIATE $1,000,000 in Lease-Purchase Revenue TRANSFER $471,900 from the FY 1997-1998 Operating Budget TRANSFER $1,015,189from various other Capital Projects Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 23, 1998 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO AMEND THE FY 1997-98 CAPITAL BUDGET BY ESTABLISHING CAPITAL PROJECT NO. 3-009 PUBLIC SAFETY EMERGENCY COMMLrNICATIONS SYSTEM ("CIP #3-009"), TRANSFERRING $471,900 FROM THE FY 1997-98 OPERATING BUDGET TO CIP #3-009, TRANSFERRING $1,015,189 FROM VARIOUS OTHER CAPITAL PROJECTS TO CIP #3-009, AND APPROPRIATING $1,000,000 IN LEASE-PURCHASE REVENUE FOR THE PURPOSE OF PURCHASING A REPLACEMENT E-911 COMPUTER-AIDED DISPATCH SYSTEM 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 WHEREAS, a reliable computer-aided dispatch system is vital to the operation of the Public Safety Emergency Communications Center; WHEREAS, the City's existing system, contracted for in 1992, is not reliable and does not perform as specified; WHEREAS, problems associated with the current system are considered unresolvable, thus necessitating the replacement of the current system; and WHEREAS, funding for a replacement system would be comprised of a combination of available cash and lease-purchase financing. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the FY 1997-98 Capital Budget is hereby amended by the establishment of Capital Project No. 3-009 Public Safety Emergency Communications System ("CIP #3-009"); 2. That funds in the amount of $371,900 from the Police Department's FY 1997-98 Operating Budget and $100, 000 from the Department of Public Utilities' FY1997- 98 Operating Budget are hereby transferred to CIP #3-009; 3. That funds from the projects and in the amounts shown below are hereby transferred to CIP #3-009: Project CIP #3-008 Computer-Aided Dispatch System CIP #3-010 Beach Borough Service Center Various Completed Capital Projects Amount $517,839 $122,350 $375,000 4. That funds in the amount of $1,000,000 from lease-purchase of the new system are hereby appropriated to CIP #3-009. 36 37 38 39 40 41 2,3 Adopted by the Council of the City of Virginia Beach, Virginia, on the of mmo_ , 1998. CA-7056 ORDINLNONCODE\CADS.ORD R-1 JUNE 18, 1998 42 43 44 Approved as to Content: M~na~eh~ent Services Approved as to Legal Sufficiency: City Attomey ~tem V-J~5~ - 31 - ORDINANCES ITEM # 43 722 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance to APPROPRIATE $100,000 within the School Communication Tower Technology Special Revenue Fund for FY 1998- 1999; decrease estimated revenues from the Commonwealth of Virginia by $396,416; and, increase total appropriations within the FY 1998-1999 School Grants Fund by $16,994. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 23, 1998 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO APPROPRIATE FUNDS IN THE AMOUNT OF $100,000 WITHIN THE SCHOOL COMMUNICATION TOWER TECHNOLOGY SPECIAL REVENUE FUND FOR FY 1998-99 AND TO DECREASE ESTIMATED REVENUES FROM THE COMMONWEALTH OF VIRGINIA IN THE AMOUNT OF $396,416 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 WHEREAS, by ordinance adopted March 24, 1998, City Council established the School Communication Tower Technology Special Revenue Fund (the "Fund"), provided that all revenue generated by the School Board from the lease of School property for communication tower sites shall be deposited in the Fund, and further provided that all revenue deposited into the Fund (including interest thereon) shall be appropriated to the Board annually, or as requested by the Board, to be used to acquire new technology or replace (or upgrade) aging technology; WHEREAS, revenue in the amount of $95,000 from the lease of School property for communication tower sites will be generated in FY 1998-99, and this revenue will earn interest in the amount of $5,000; WHEREAS, this additional $100,000 in estimated revenue was not appropriated during the FY 1998-99 budget process; WHEREAS, there has been a reduction in grant funds from the Commonwealth of Virginia in the amount of $396,416 which is not reflected in the FY 1998-99 School Grants Fund; and WHEREAS, this reduction in grant funds will be offset by a transfer from the FY 1998-99 School Operating Fund to the FY 1998-99 School Grants Fund which, due to a change in matching fund 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 requirements, will result in a net increase in the School Grants Fund of $16,994. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That funds in the amount of $95,000 from the lease of School property for communication tower sites, plus interest on such funds in the amount of $5,000, are hereby appropriated within the School Communication Tower Technology Special Revenue Fund for FY 1998-99; 2. That estimated revenues from the lease of School property for communication tower sites, and estimated revenues from interest on such lease revenues, are hereby increased in the amount of $95,000 and $5,000, respectively; 3. That estimated revenues from the Commonwealth of Virginia are hereby decreased in the amount of $396,416; and 4. That total appropriations within the FY 1998-99 School Grants Fund are hereby increased in the amount of $16,994. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 23 day of .7,,n~ , 1998. 51 52 53 54 CA-6923 ORDIN\NONCODE\TOWER2.ORD June 18, 1998 R-2 55 56 57 58 Approved as to Content: Man~~ices Approved as to Legal Sufficiency: w Department March 24, 1998 Several in~a-ucfional ac-tiviti~s supplement the regular program and ~re funded by ~ federal CF) and state (S) categorical gr~nts. Thea* grants cannot be used to supplant local funding for current programs and may require & local maW~ The fund sources, titles, and aecouras of grants an~cipated for 1998-99 are shown below. Note: Gra~ were calculated sometime ago lrtili?irlg 3.2% ~alary increase per direcUon of the City. Expenditure Revenue Fund 4116 Description Amount Twe Fund 3116 50015 Title I (1997-98) - Cat. over 1,073,482 F 3-4-22-18 50016 Title I - 1998-99 4,981,615 F 3-4-22-15 50020 Preschool Incentive (199%98) - Carryover 95,121 F 3-4-22-09 50026 Preschool Incentive - 1998-99 526,785 F 3-4-22-19 50027 Safe and Drug Free Schools & Communities - 1998-99 345,000 F 3-4-22-20 50028 Safe a. ad Drug Free Schools & Communities (1997-98) - Carryover 84,425 F 3-4-22-37 50029 Drop Out Prevention 562,152 S 2-4-22-41 50030 High Schools That Work - Bayside 19,500 F 3-4-22-86 50034 High Schools That Work - Salean 19,500 F 34-2/-94 50037 High Schools That Work - Green Run 19,500 F 3-4-22-96 50044 Technology Initiative (1997-98) - Carryover 1,500,000 S 2-4-22-80 50051 Title VI (1997-98) - Carryover 165,000 F 3-4-22-17 50053 Special Education Interpreter Training 39,011 F 3-4-22-70 50055 Title VI-B (1997-98) - Carryover 2,016,340 F 3-4-22-26 50056 Title VI-B - 1998-99 4,964,757 F 3-4-22-3] 50059 Title VI - 1998-99 267,687 F 3-4-22-21 50060 Carl Perkins Voc. & Applied Tech. -1998-99 668,376 F 3-4-22-81 50073 Adult Basic Education/CMHS 8,615 F 3-4-22-65 50080 Title 11 - EESA (I 996-97 - Carryover) 70,000 F 3-4-22-23 5008] Title II - EESA - 1997-98 233,738 F 3-4-22-33 50086 Job Training Remedial Project 61,775 F 3-4-22-48 50094 McKirmey Homeless Education - 1998-99 25,000 F 3-4-22-34 50095 McKinney Homeless Education (1997-98) - Carryover 5,000 F 3-4-22-34 50097 Four-Year Old Initiative 3,612,600 S 2-4-22-81 50102 High Schools That Work - First Colonial 19,500 S 2-4-22-81 50104 Early Reading Initiative Grant (1997-98) - Carryover 188,198 S 24-22-81 50115 Early Reacting Initiative Grant -1998-99 455,227 S 2-4-22-81 50116 Standards of Learning (SOL) Teacher Training 576,450 S 2-4-22-81 50117 Goals 2000 CFY1997-98) - Carryover 299,793 F 3-4-22-43 50118 Goals 2000 - FY1998-99 414,880 F 3-4-22-44 50123 Standards of Learning (SOL) Remediation 1,213,524 S 2-4-22-81 Total State and Federal Grants' 24,532,550 'Includes Local Match for the following granu: 50030 High Schools That Work - Bayside 6,500 5-3-22-06 50034 High Schools That Work - Salem 6,500 5-3-22-06 50037 High Schools That Work - Green Run 6,500 5-3-22-06 50097 Four-Year Old Initiative 1,252,127 5-3-22-06 50102 High Schools That Work - First Colonial 6,500 5-3-22-06 50115 Early Reading Initiative Grant -1998-99 157,782 5-3-22-06 50123 Standards of l.~arning (SOL) Remediation 420,607 5-3-22-06 Total from School Operating Fund $1,856,516 February 17,1998 Several Lrmru~o~ ~ritie$ supplemem the regulax program ~d are fianded by certain federal (F) and m ($) categorical grams. These grams eaamot be used to supplant loch funding for curre~ progra~ and may require a local match. The fund source, titles, and aecouxxts of grax~ axeacipated for 1998-99 axe shown below. Note: G-rants were calculated sometime ~go utilizing 3.2% salary increa~ per dir~tion of the City. Expenditure Revenue Fund 4116 Description Amount Type Fund 3116 50015 Title I (199%98) - Carryover 1,073,482 F 3-4-22-18 50016 Title I - 1998-99 4,981,615 F 3-4-22-15 50020 Preschool Incentive (1997-98) - Carryover 95,121 F 3-422-09 50026 Preschool Incentive - 1998-99 526,785 F 3-422-19 50027 Safe and Drug Free SchooLs & Communities - 1998-99 345,000 F 34-22-20 50028 Safe and Drug Free SchooLs & Communities (1997-98) - Carryover 84,425 F 3-422-37 50029 Drop Out Prevention 562,152 S 2-42241 50030 High Schools That Work - Bayside 19,500 F 3-42246 50034 High Schools That Work - Salem 19,500 F 3-422-94 50037 FIigh Schools That Work - Green Ru~ 19,500 F 3-422-96 50044 TecJmology Initiative (1997-98) - Carryover 1,500,000 S 2-42240 50049 Homework Assistance Crnmt 21,013 S 2-42242 50051 Title VI (199%98) - Camyover 165,000 F 3-422-17 50053 Special Education Interpretex Training 39,011 F 3-422-70 50055 Title VI-B (1997-98) - Carryover 2,016,340 F 3-422-26 50056 Title VI-B - 1998-99 4,964,757 F 3-422-31 50059 Title VI - 199g-99 267,687 F 3-422-21 50060 Carl Perkins Voc. & Applied Tech. -1998-99 668,376 F 3-422-81 50073 Adult Basic Education/CMHS 8,615 F 3-42245 50080 Title II - EF_,SA (1996-97 - Carryover) 70,000 F 3-422-23 50081 Title 1I - EESA - 1997-98 233,738 F 3-422-33 50086 Job Training Re~Iledial Project 61,775 F 3-422-48 50094 McKinney Homeless Education - 1998-99 25,000 F 3-422-34 50095 McKinney Homeless Education (1997-98). Carryover 5,000 F 3-422-34 50097 Four-Year Old Initiative 3,612,600 S 2-422-81 50102 High Schools That Work - First Colonial 19,500 S 2-422-81 50104 Early Read/rig Initiative Grant (199%98) - Carryover I88,198 S 2-42241 50115 Early Reading Initiative Grant -1998-99 455,227 S 2-422-81 50116 Standards of Learning (SOL) Teacher Training 1,751,966 S 2-42241 50117 Cvoals 2000 (FY1997-98) - Can'yover 299,793 F 3-422-43 50118 Goals 2000 - lzY1998-99 414,880 F 34-22-44 Total State and Federal Grants* 'Indudes ~ Match for the following grants: 24,515,556 50030 High Schools That Work - Bayside 6,500 5-3-22-06 50034 High Schools That Work - Salem 6,500 5-3-224)6 50037 High Schools TI'mt Work. Green Run 6,500 5-3-224)6 50049 Homework Assistance C-rant 7,197 5-3-224)6 50097 Four-Year Old Initiative 1,252,127 5-3-224)6 50102 High Schools That Work - First Colonial 6,500 5-3-224)6 50115 Early Reading Initiative Crmnt -1998-99 157,782 5-3-22-06 Total from School Operating Pund $1,443,106 March 24, 1998 VIRGINIA BEACH CITY PUBLIC SCHOOLS PROJECTED EXPENDITURES - FY 1998-99 COMMUNICATION TOWER TECHNOLOGY FUND Line Item Title/DescriPtion ~ FY 1995~96 FY I996-97 ~ ~ctUal. ACtua I FY 1997-98 Budget DEPT FY 1998-99 PROPOSAL Bevenue - 3112 1. Interest-150101 2. Rent - Wireless Communication Tower - 150342 TOTAL REVENUE Disbursements - 4112 - 51600 08307 Capital Outlay - Additional TOTAL CAPITAL OUTLAY TOTAL DISBURSEMENTS $0 $0 $0 0 0 0 $0 $0 $0 0 0 0 $0 $0 $0 $0 $0 $0 $5,000 95,000 $I00,000 100,000 $100,000 $100,000 VIII - 51600 - 02 - 32- Item V-J.. 6. ORDINANCES ITEM # 43 723 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance to APPROPRIATE $5,998 from interest on bank deposits accrued from the Deed of Trust Note for the closure of a portion of Old Donation Parkway to Ferry Farm House Restoration (CIP #3-107). Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William IV. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 23, 1998 AN ORDINANCE TO APPROPRIATE $5,998 FROM INTEREST ON BANK DEPOSITS TO CIP # 3-107 "FERRY FARM HOUSE RESTORATION" 4 WHEREAS, the City Council, in October 1996, adopted a resolution authorizing the 5 proceeds from the closure of a portion of Old Donation Parkway to be expended for restoration and 6 maintenance of the Ferry Farm House, and established a Capital Improvement Project (ClP//3-107 7 "Ferry Farm House Restoration") to reflect appropriations for such restoration and maintenance; 8 WHEREAS, the Deed of Trust Note for the street closure was received on April 15, 9 1998 and included a payoff of $74,548, consisting of $68,550 in principal and $5,998 in interest; 10 WHEREAS, the resolution adopted by City Council in October 1996 did not 11 appropriate the interest on the proceeds; and 12 WHEREAS, it is recommended by City staff that the interest on the proceeds also be 13 appropriated to CLP#3-107. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 That funds in the amount of $5,998 from Interest On Bank Deposits are hereby 17 appropriated to ClP//3-107 "Ferry Farm House Restoration," and that revenues to the Capital 18 Improvement Program from Interest on Bank Deposits are hereby increased in the amount of 19 $5,998. 20 21 Adopted by the Council of the City of Virginia Beach, Virginia, on the23 June, 1998. day of CA-7025 ORDIN\NONCODE\FERRY. ORD R-1 PREPARED: 6/15/98 APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL C.-~y AtTorney - 33 - Item V-J. 7. ORDINANCES ITEM # 43 724 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance to TRANSFER $290,038 from the General Fund Reserve for Contingencies to the FY 1997 - 1998 Virginia Beach Court Service Unit Operating Budget re Secure Detention Services for Juveniles.. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 23, 1998 1 2 3 4 5 6 7 AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF $290,038 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO THE FY 1997-98 VIRGINIA BEACH COURT SERVICE UNIT OPERATING BUDGET FOR SECURE DETENTION SERVICES 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 WHEREAS, the Virginia Beach Court Service Unit has the responsibility of providing both secure and non-secure detention services and Community Group Home placements ordered by the Virginia Beach Juvenile and Domestic Relations District Court (~Court"); WHEREAS, the Court may order that a child be placed into any of these facilities, with the cost of these placements to be borne by the locality; WHEREAS, the costs for these services have been rising over the last eight years as a result of increased admissions and the lengths of stays at these facilities, due to increases in juvenile arrests, as well as the large number of juveniles processed through the Virginia Beach Court Service Unit's Intake having severe criminal and emotional problems which threaten the community; WHEREAS, the Virginia Beach Court Service Unit now projects usage of secure detention for FY 1997-98 to increase to approximately 19,062 days (averaging 52 juveniles per day) at a total cost of $1,261,427, which exceeds FY 1997-98 budgeted amounts based on anticipated usage of 14,600 days (40 juveniles per day) at a total cost of $971,389; and WHEREAS, the Virginia Beach Court Service Unit has requested that City Council provide additional funding in the amount of $290,038 to meet these increased needs. 32 33 34 35 36 37 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funds in the amount of $290,038 are hereby transferred from the General Fund Reserve for Contingencies to the Virginia Beach Court Service Unit FY 1997-98 Operating Budget to fund increased costs associated with juvenile detention services. Requires an affirmative vote by a majority of the members of City Council. 40 41 Adopted by the Council of the City of Virginia Beach, Virginia, on the 23 day of June , 1998. Approved as to Content K~ppro~ed as to Legal Sufficiency 42 43 44 45 46 CA-7043 DATA\ORDIN\NONCODE\JUVDETN.ORD JUNE 16, 1998 R-6 2 - 34- Item V-J8. ORDINANCES ITEM # 43 725 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance to TRANSFER $155,000 within the Community Development Special Revenue Fund of the FY 1997-1998 Operating Budget re rehabilitating and refinancing rental housing for low and moderate income families; and, authorize the City Manager execute a contract between the City and Samaritan House in the amount of $280,000 to accomplish these purposes. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William ~ Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 23, 1998 1 2 3 4 5 6 7 8 9 10 11 12 AN ORDINANCE TO TRANSFER FUNDS WITHIN THE COMMUNITY DEVELOPMENT SPECIAL REVENUE FUND OF THE FY 1997-98 OPERATING BUDGET IN THE AMOUNT OF $155,000 FOR THE PURPOSES OF REHABILITATING AND REFINANCING RENTAL HOUSING FOR LOW AND MODERATE INCOME FAMILIES AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY AND SAMARITAN HOUSE IN THE AMOUNT OF $280,000 TO ACCOMPLISH THESE PURPOSES 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 WHEREAS, Community Development Block Grants are often used as a source of capital improvement funding for housing facilities that meet the needs of low and moderate income persons; WHEREAS, on December 9, 1997, City Council authorized a grant of $125,000 to Samaritan House for the purposes set forth above; and WHEREAS, based on further review of regulations and the long-term needs of Samaritan House, additional funds in the amount of $155,000 (for a total grant of $280,000) are required to assist Samaritan House in its efforts to rehabilitate and refinance its rental properties; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That funds in the amount of $155,000 are hereby transferred within the Community Development Special Revenue Fund of the FY 1997-98 Operating Budget for the purpose of providing funding for Samaritan House to rehabilitate and refinance the rental housing it provides for low and moderate income families; and 2. That the City Manager is authorized to execute a contract between the City and the Samaritan House in the amount of $280,000 for the rehabilitation and refinancing of Samaritan House's rental housing for low and moderate income persons. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day of June, 1998. 38 39 4O 41 CA-7047 DATA\ORDIN\NONCODE\SAMHSE.ORD JUNE 16, 1998 R4 Approved as to Content Approved a~{o Leg~ Sufficiency - 35- Item V-J. 9. ORDINANCES ITEM # 43 726 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance to authorize City of Virginia Beach to acquire, by agreement or condemnation, necessary temporary dredge and pipeline easements, and oyster ground releases from thirty-six (36) property owners for the Western Branch Lynnhaven River Project (CIP #8-109). Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 23, 1998 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 AN ORDINANCE AUTHORIZING THE CITY OF VIRGINIA BEACH TO ACQUIRE, BY AGREEMENT OR CONDEMNATION, NECESSARY TEMPORARY DREDGE AND PIPELINE EASEMENTS, AND OYSTER GROUND RELEASES, FOR THE WESTERN BRANCH LYNNHAVEN RIVER PROJECT (CIP #8-109) WHEREAS, in the opinion of the City Council of the City of Virginia Beach, Virginia, a public necessity exists for the dredging of the western branch of the Lynnhaven River channel to provide adequate depths for boat navigation and for other public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, and welfare of the citizens of the City of Virginia Beach; and WHEREAS, final permits for the project were issued by the U.S. Army Corps of Engineers on June 16, 1998. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That City Council hereby authorizes the acquisition by agreement or condemnation, pursuant to Sections 15.2-1900 et seq., Section 28.2-628 and Sections 25-46.1 et seq., Code of Virginia of 1950, as amended, interests, including necessary temporary dredge and pipeline easements, and oyster ground releases, in all that certain real property located in the areas shown on the plans entitled ~CITY OF VIRGINIA BEACH DEPARTMENT OF PUBLIC WORKS, CIP NO. 8-109 WESTERN BRANCH LYNNHAVEN RIVER DREDGING, DREDGING PLAN, PLAN AND SECTIONS, LANGLEY AND MCDONALD, 5544 GREENWICH ROAD, VIRGINIA BEACH, VIRGINIA 23462", which plans are on file in the Engineering Division of the Department of Public Works, City of Virginia Beach, Virginia; 2. That the City Manager is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, to the 34 35 36 37 38 extent that funds are available, a reasonable offer to the owners having an interest in said properties; and 3. That if any such offer is refused, the City Attorney is hereby authorized to institute proceedings to condemn any interest in said properties. 39 40 Adopted by the Council of the City of Virginia Beach, Virginia, on the 23 day of June , 1998. 41 42 43 44 CA-7059 ORDIN\NONCODE\RIVDRED.ORD R-2 JUNE 17, 1998 45 46 47 48 49 50 51 52 53 54 55 APPROVED AS TO CON NT: APPROVED AS TO LEGAL SUFFICIENCY: D~partment of Law BEAC WESTERN DREDGING BLVI B CH NHAVEN RIVER PROJECTCHANNEL ALIGNMENT 8-109 - 55 2500' C.I.P. PROJECT LENGTH SCALE 1" = * OYSTER GROUND RELEASES NEEDED MILES PREPARED BY P/W ENG. DRAFTING 12,/2CJ~96 PIPELINE ROUTE PmN ~~~ c.~.P. ~ 8-~09 -~ SCALE : 1" = 2000' ~5~~~2 - 'EASEMENT NEEDED PREPARED BY P~ EN~'i'NEERING :~ING 1~6 - 36- Item V-J. 10. ORDINANCES ITEM # 43727 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED: Annual Permit Renewal for area private, municipal and non-profit Emergency Medical Service (EMS) organizations, O1 July 1998 through 30 June 1999: Advanced Wheelchair Transport, Inc. Al's Wheelchair Transportation American Medical Response, Inc. - Contingent upon renewal of business license Chesapeake Fire Department Children's Hospital of the Kings Daughters DOCC Transportation, Inc. Eastern Medical Transport Medical Transport, Inc. - Contingent upon renewal of business license Nightingale Air Ambulance Norfolk Fire and Paramedical Services Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 23, 1998 Item V-J. 11. -37- ORDINANCES ITEM # 43 728 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED: License Refunds $14,101.21: Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: No~e June 23, 1998 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID Advantage Companies Inc. American Electric Of VA Inc. Answering Services Inc. Aquino, Ernest A. Auto Masters Inc. B & S Water Company Inc. Baker, Douglas N. Becks And Associates Inc. Berger, Virginia B. Brown, David Edward Ciccone, Paula Help Unlimited Small Business R & M Supply Inc. Russell Burke Company Swart, Keith F, Toys R Us Inc. 1996-1998 Audit 395.30 395.30 1998 4/21/98 182.10 182.10 1997-1998 Audit 132.65 14,78 147.43 1998 5/01/98 20.00 20.00 1997-1998 Audit 85.33 8.69 94.02 1995-1997 Audit 54.00 130,38 184.38 1998 5/01/98 123.77 123.77 1996-1998 Audit 10.00 10.00 1997-1998 Audit 10.00 0.10 10.10 1998 5/01/98 10.00 10.00 1998 5/23/98 50.00 50.00 1998 3/18/98 40.00 40.00 1996-1997 Audit 68.57 13.29 81.86 1998 5/01/98 10.00 10.00 1998 5/01/98 10.00 10.00 1998-1997 Audit 742.25 143.05 885.30 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $2,254.26 23 City of Virginia Beach on the Approved as to form: Les'-~e ~_. Lilley -- ~x._-- City Attorney were approved by the Council of the June 98 day of ,19 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID Accubanc Mortgage Corp. Adams, Pamela J, Alarm-It Distributors Inc. Andy Wood Investment Realty Inc. Angels Touch Inc. Animal Jungle Inc. Appleton, Janet Susan Ash Construction Inc, Atlantic Enterprises Of VA Inc. Atlantic Shores Seafood Inc. Bejma, Margaret Boyce, Christins Maria Executive Inn Inc. Hudgins Contracting Corp. Hydro Pure Inc. Jennings Laboratories Inc. Karate International Inc. Meldisco K-M Virginia Beach, VA Melton, Lynn N. National 1099 Inc. Sidneys Sportswear Inc. Twin B Auto Parts Inc. Two Bears Ltd. Wood, Edward M. 1997-1998 Audit 789.00 65.50 854.50 1995-1998 Audit 74.45 74.45 1997-1998 Audit 574.79 26.36 601.15 1996-1997 Audit 54.47 5.80 60.27 1996-1998 Audit 34.00 34.00 1997-1998 Audit 33.93 2.12 36.05 1995-1998 Audit 21.14 21.14 1996-1998 Audit t 0.00 10.00 1997-1998 Audit 292.37 15.77 308.14 1996-1998 Audit 610.37 121.87 732.24 1996-1998 Audit 10.00 0.09 10.09 1995-1998 Audit 30.00 30.00 1998 Audit 1,540.67 10.98 1,551.65 1996-1998 Audit 188.14 104.41 292.55 1996-1998 Audit 2,106.01 598.14 2,704.15 1996-1998 Audit 28.57 0.24 28.81 1996-1997 Audit 23.83 4.18 28.01 1998 Audit 703.22 5.01 708.23 1997-1998 Audit 40.00 0.35 40.35 1996-1998 Audit 2,404.68 38.07 2,442.75 1996-1997 Audit 451.99 43.64 495.63 1997 Audit 157.54 14.92 172.46 1996-1998 Audit 550.44 4.35 554.79 1994-1997 Audit 55.54 55.54 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $11,846.95 23 City of Virginia Beach on the Approved as to form: Cl,,~lidL. Ulle~-//.-,/ -- City Attorney .,~ '-~ were approved by the Council of the June day of ,19 98 Ruth Hedges Smith City Clerk - 38- Item V-K. 1. RESOLUTIONS ITEM # 43729 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Resolution to authorize the City Manager execute two agreements re administration of the Cape Henry Lighthouse Restoration Project (CIP #9-275): Virginia Department of Transportation (VDOT), estimated cost for engineering and construction $200,000 (Project funding approval received from ISTEA). Association for the Preservation of Virginia Antiquities (APVA), to provide the City's portion of 20% of the cost of the Project, plus any additional costs which exceed the estimated total cost. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 23, 1998 1 2 3 4 5 6 7 8 A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO EXECUTE TWO AGREEMENTS FOR THE ADMINISTRATION OF THE CAPE HENRY LIGHTHOUSE RESTORATION PROJECT: ONE AGREEMENT WITH THE VIRGINIA DEPARTMENT OF TRANSPORTATION AND ONE AGREEMENT WITH THE ASSOCIATION FOR THE PRESERVATION OF VIRGINIA ANTIQUITIES 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 WHEREAS, the City of Virginia Beach applied for and received Intermodal Surface Transportation Efficiency Act (ISTEA) grant funding approval for restoration and preservation of the Cape Henry Lighthouse in Virginia Beach, made available by the Virginia Department of Transportation (VDOT); and WHEREAS, this project has been incorporated into the City's Capital Improvement Program (CIP) as the CIP 9-275 Cape Henry Lighthouse Restoration ("Project"); and WHEREAS, the estimated cost for engineering and construction of the Project is $200,000, of which the City is responsible for 20%, plus any additional costs which exceed the estimated total cost, as outlined in the Agreement between the City of Virginia Beach and VDOT for the Project, entitled "Agreement for Development and Administration of Cape Henry Lighthouse Restoration," a copy of which is attached hereto; and WHEREAS, the Association for the Preservation of Virginia Antiquities (APVA) owns the Cape Henry Lighthouse and has agreed to provide 20% of the cost of the Project, plus any additional costs which exceed the estimated total cost, as outlined in the Agreement between the City of Virginia Beach and the APVA for the Project, a copy of which is attached hereto; and 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 WHEREAS, funds are appropriated for this project in the Commonwealth's Six Year Improvement Program; and WHEREAS, this Project will provide necessary restoration/preservation processes to the exterior structure of the Cape Henry Lighthouse and improve access and safety features for the visitors climbing to the top of the structure for the benefit of the citizens and visitors to the City of Virginia Beach. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that the City Manager be, and hereby is, authorized to make and execute (1) an Agreement between the City of Virginia Beach and the Commonwealth of Virginia, Department of Transportation for the administration of the Cape Henry Lighthouse Restoration Project in substantially the same form as the Agreement attached hereto and (2) an Agreement between the City of Virginia Beach and the Association for the Preservation of Virginia Antiquities for the administration of the Cape Henry Lighthouse Restoration Project in substantially the same form as the Agreement attached hereto. Adopted by the Council of the City of Virginia Beach, Virginia, on the 23 day of June , 1998. 5O 51 52 53 CA-7017 ORDIN\NONCODE\CA7017.RES R-1 PREPARED: May 19, 1998 54 55 56 57 58 APPROVED AS TO CONTENT: C. Mac Rawls, Department of Museums APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 2 AGREEMENT FOR DEVELOPMENT AND ADMINISTRATION OF CAPE HENRY LIGHTHOUSE RESTORATION BY THE CITY OF VIRGINIA BEACH THIS AGREEMENT, made and executed in duplicate as of this day of ., 199 , between the COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION, hereinafter called the "Department" and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, hereinafter called the "City". WITNESSETH: WHEREAS, the Department has adopted a Six Year Improvement Program for Fiscal Year 1994-95 through Fiscal Year 1999-2000 for streets and highways, which includes an allocation of funds for Cape Henry Lighthouse Restoration, Project: EN94- 134-V21, PE-101, PE-102, C-501 as identified in the Enhancement Program portion of the Six Year Improvement Program and referred to hereinafter as the "Project"; and WHEREAS, the estimated cost is $36,000 for preliminary engineering, and $164,000 for construction; for a total of $200,000; of which the City will be responsible for 20 %, plus any cost as outlined in Section 1.n. and WHEREAS, the Department and the City desire to construct the Project which has received funding, as expeditiously as possible and the City agrees to have the Project implemented within 48 months from the date funds are made available for this project; NOW, THEREFORE, for and in consideration of the premises and mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. The City shall consult with, and act as the agent of, the Department in performing the preliminary engineering, and construction phases of the Project, specifically including the following: a. Perform the preliminary engineering, design and plan development necessary to award a contract for the construction; and the administration, supervision and inspection of the construction of the Project through final acceptance, in accordance with Department procedures and policies, including settlement of any claims and disputes arising from the Project. b. If deemed appropriate by the Department, submit each phase of the work to the Department for review and approval as the project develops; allow Department personnel to inspect all phases of the Project at all times. dj Prepare plans for the Project, including such items as general notes, references to specifications and standards, typical sections, drainage plans, stormwater management, erosion and sediment control methods, profiles, cross sections, summaries, and the like. Plans may be prepared in accordance with City of Virginia Beach standards and format, provided the standards meet or exceed Department standards or are approved by the Department. Coordinate the project through the State Environmental Review Process, prepare appropriate environmental document as established by Federal Highway Administration policy and procedures and carry out the functions necessary to clear the Project environmentally. Evaluate for potential contaminated and/or hazardous waste sites during the survey or -3- fo early plan development stage. Be prepared to discuss the presence of these sites and design alternatives with the Department. If contamination is determined to exist, whether obvious or established through testing, the City shall notify the appropriate regulatory agency. With Departmental approval, conduct detailed studies such as site characterization to determine the length of time required for clean- up and any potential financial City and Department. If the property is anticipated the Department liability for the purchase of City's first option is to pursue remediation by the property owner(s) through the appropriate agencies. If required, post a "notice of willingness to hold a public hearing" on the Project, conduct such a hearing, if necessary, in accordance with Department and Federal Highway Administration requirements and coordinate the Project with area. property owners in the Project -4- and go ko Obtain all necessary permits for the Project. Coordinate and authorize utility relocations. Procure a contractor to construct the Project, in conformance with applicable provisions of the Virginia Public Procurement Act. The City agrees not to award a construction contract to any bidder unless its bid is within seven percent (7%) of the City's cost estimate or which is approved by the Department. The City agrees not to award such contract until the Commonwealth Transportation Board has accepted and approved the bid and the contractor, and until a standard City-State agreement is executed. Department policy will govern the rate of participation for utility relocations and storm sewers. Submit any change orders to the construction contract to the Department's Resident Engineer for approval. Receive Department approval of any claims prior to settlement. -5- mo Maintain accurate records of the Project and documentation of all expenditures, identifying federally participating, and federally non- participating, on which reimbursement will be based. Make project documentation available for inspection and/or audit by the Department or the Federal government at any time. Submit to the Department's Resident Engineer no more frequently than monthly, a statement requesting reimbursement for the Federal share of the project's cost. The statement must identify and document project expenditures to date and include a summary in the following categories: (1) Participating expenditures Federal Highway participation. expenditures. which Those are eligible for Administration ,Sm (2) Non-participating expenditures. Those expenditures which are not eligible for Federal Highway participation. no All preliminary engineering charges shall cease on the date the construction contract is awarded. The final billing shall be made on the basis of final actual costs, reconciling any difference with previously billed amounts. Agree to reimburse the Department 100% of all expenditures incurred by the Department in the event that: (1) The Project is cancelled (2) any phase of work; Expenditures incurred reimbursed by the during are not Federal due to Highway Administration the City's failure to follow proper federal guidelines and/or the -7- expenditures are found to be federally non- participating items; (3) Expenditures incurred exceed the total amount allocated in the Six Year Improvement Program. The Department will coordinate with, cooperate with, and assist the City in implementing the Project, and specifically agrees to: a. Review each phase of the Project and respond in an expeditious manner to requests from the City. b. Provide the necessary coordination with the Federal Highway Administration and other appropriate Federal and State agencies; provide assistance and guidance to the City relative to environmental documentation and coordination as is appropriate. c. Provide reimbursement of actual Project expenditures for the previous month or for the final billing, within thirty (30) days of receiving -8- o o an acceptable statement from the City The reimbursement amount will be based on the Enhancement Project worksheet (example attached). d. Audit all Project costs and records as required by the Federal Highway Administration. e. Provide funding for the Project pursuant to the Enhancement Program in the Department's Six Year Improvement Program. All applicable federal, state and local regulations shall apply to all work performed on the Project including consultant services contracts and construction contracts. Nothing herein shall be construed as creating any personal liability on the part of any officer, employee, or agent of the parties, nor shall it be construed as giving any rights or benefits to anyone other than the parties hereto. This Agreement shall be binding upon the parties hereto, and their respective successors and assigns. Upon the execution of this Agreement by both parties, the City is hereby authorized to commence with the Project. This agreement may be modified with the mutual consent of the Department and the City. -9- IN WITNESSETH VVHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers. ATTEST: CITY OF VIRGINIA BEACH CITY CLERK CITY SIGNATURE APPROVED AS TO FORM: -CITY ATTORNEY ~/~'/f,~ WITNESS: COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION BY: COMMISSIONER -10- APPROVED AS TO CONTENT: Department of Museums APPROVED AS TO CONTENT: D~rJmdn(o~ Cariventio~ ana opment AVAILABILITY OF F~S: Finance Department APPROVED AS TO LEG~ S~FICIENCY: Ci~ A~omey's Office APPROVED AS TO CONTENT: Department of Planning APPROVED AS TO CONTENT: Departmeni'"of P'ub¥i~'~3/orks APPROVED AS TO RISK MANAGEMENT: 11 Project Number: Total Est. Project Costs: Federal Project Est. Total: Federal Participating Share: Virginia Department of Transportation Enhancement Project Worksheet For the month ended .... (This worksheet to be prepared by VDOT) 80.00% VDO T Expenditures to date: Agency Charges Consultant/Contractor Total VDOT Participating Locafity Expenditures to date: Direct Costs * Local Charges * Consultant/Contractor Subtotal Direct Donated R/W (In-kind) Limitation to match incurred costs~ Lesser or Donated R/W & limitation Maximum benefit for donated In-kind Value o'! donated RAN to date ................................... (# - L~mlts the value of donaled RA/V to the Federal Match amount) Total Locality ( Direct & value of donated) To date Project Totals Federal Share (80% Part Cost) Maximum Fed Participation Amount Due trom FHWA (Lesser of Federal Share or Maximum Federal Participation) Amount Due Locality Amount Due from FHWA Less VDOT's Expenditures Reimbursement Due Locality Less Previous Payments Amount Due Locality Non-participating Expedtd!turl~a T_o. lal * Numbers provided by Locality VDOT ONLY Locality Contributions Locality's Total Costs Direct Costs incurred by Co. to date Value of In-kind constribution Amount Previously Recorded AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE ASSOCIATION FOR THE PRESERVATION OF VIRGINIA ANTIQUITIES FOR RENOVATIONS TO CAPE HENRY LIGHTHOUSE This Agreement made and entered into as of this ./-s4- day of P~,y ,19qgby and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as the "CITY," and the ASSOCIATION FOR THE PRESERVATION OF VIRGINIA ANTIQUITIES, a Virginia 501(c)(3) organization, having a principal place of business at 204 W. Franklin Street, Richmond, Virginia 23220, hereinafter referred to as "APVA". RECITALS WHEREAS, the federal Intermodal Surface Transportation Efficiency Act (ISTEA) was established in 1991 to provide new opportunities to enhance transportation systems and funding under this program is provided to localities through state governmental agencies; WHEREAS, in July, 1994, the Virginia Department of Transportation (VDOT) awarded funding approval for a grant under ISTEA to the City of Virginia Beach for a $200,000 project for the restoration of the Cape Henry Lighthouse; WHEREAS, the Cape Henry Lighthouse Restoration Project (the "Project") will provide necessary restoration and preservation to the exterior structure of the lighthouse and improve the access and safety of visitors climbing to the top of the structure; WHEREAS, the terms of the ISTEA grant require that the CITY implement the Project, i.e., advertise the construction project for bids, no later than October 1, 1998; if the CITY does not advertise the Project by this date, the CITY will be responsible for 100% of the costs of the Project; WHEREAS, the ISTEA funding program requires that the local government provide a 20% match of funds to the 80% federal funding for any ISTEA project; WHEREAS, the Cape Henry Lighthouse is owned by the APVA; WHEREAS, APVA representatives have verbally agreed to provide the 20% necessary matching funds for the Project; WHEREAS, the CITY and VDOT plan to enter into a project administration agreement for the expenditures to be reimbursed by VDOT under the ISTEA grant for this Project totaling 80% of $200,000, i.e., $160,000; WHEREAS, VDOT cannot accept an agreement including a third party such as the APVA for its project administration agreement for this Project; WHEREAS, the CITY and the APVA wish to enter into a separate written project administration agreement concerning the restoration of the Cape Henry Lighthouse. AGREEMENT The parties to this Agreement, in consideration of the mutual covenants and stipulations set forth below, agree as follows: 1. The APVA agrees to provide funding for the Project in the amount of $40,000. The APVA is not liable to provide funding for any amount in excess of $40,000 without its written consent. 2. Any Project costs which exceed the $200,000 level of ISTEA funding will be funded by APVA. The incurrence of costs in excess of the original $200,000 must have written approval in advance from the APVA. 3. The CITY will coordinate the review and approval of any and all phases of the Project with VDOT as it may be required by the agreement between the CITY and VDOT entitled "Agreement for Development and Administration of the Cape Henry Lighthouse Restoration by the City of Virginia Beach"which is incorporated herein as if fully set out. 4. The CITY will perform, contract for or otherwise provide for the preliminary engineering and construction phases of the Project. Costs for these preliminary engineering and construction phases of the Project will be reimbursed to the CITY by VDOT under the CITY's agreement with VDOT for this Project. 5. The APVA will review and approve preliminary engineering plans prior to submittal by the CITY for VDOT review and approval. 6. The CITY's Department of Museums will serve as the project point of contact with the APVA and will administer the project agreement with VDOT. 7. Project scope will be based on the analysis and recommendations contained in "The Old Cape Henry Lighthouse, Virginia Beach, Virginia: Historic Structures Report Phase H, Continued Investigation of Structure and Building Stone" as prepared by Wood, Sweet and Swofford Architects in December 1991 for the APVA, which is incorporated herein as if fully set out. 8. The CITY will provide a copy of the Project records to the APVA at the conclusion of the Project. 2 9. All improvements, additions, restorations and alterations made to the Cape Henry Lighthouse, its approaches, accesses and surrounding land during this Project will be the property of the APVA upon completion of construction. 10. The APVA agrees to reimburse the CITY 100% of all expenditures incurred by the CITY if cancellation of the Project is initiated by the APVA during any phase of the work. 11. This Agreement shall commence on the date set forth in Paragraph I herein, and shall continue in force for the term of 36 months/y~m and shall terminate on /1o,-;I 5o, tO'~./Time is of the essence in this Agreement. The APVA expressly acknowledges ~at in the p-'~rrformance of its obligations, the CITY is relying on timely performance and will schedule operations and incur obligations to third parties in reliance upon timely performance by the APVA and may sustain substantial losses by reason of untimely performance. 12. The APVA shall not assign its rights and duties under this Agreement without the prior written consent of the CITY. 13. This Agreement shall be deemed to be a Virginia contract and shall be governed as to all matters whether of validity, interpretations, obligations, performance or otherwise exclusively by the laws of the Commonwealth of Virginia, and all questions arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted, this Agreement shall be deemed to have been delivered and accepted by the parties in the Commonwealth of Virginia. 14. The APVA shall comply with all federal, state and local statutes, ordinances, and regulations now in effect or hereafter adopted, in the performance of scope work set forth herein. The APVA shall at all times observe all health and safety measures and precautions necessary for the sanitary and safe performance of the Agreement work. Any costs associated with violations of the law including, but not limited to, remediations, clean up costs, fines, administrative or civil penalties or charges, and third party claims imposed on the CITY by any regulatory agency or by any third party as a result of the noncompliance with Federal, state or local environmental laws and regulations or nuisance statutes by the APVA or by subcontractors, consultants, subconsultants, or any other persons, corporations or legal entities retained by the APVA for this Agreement, shall be paid by the APVA. 15. Any and all suits for any claims or for any and every breach or dispute arising out of this Agreement shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach. 16. During the performance of this Agreement, the APVA agrees as follows: a) The APVA will not discriminate against any employee or applicant for employment because of race, religion, color, sex, handicap or national origin, except where religion, sex, handicap or national origin is a bona fide occupational qualification/consideration reasonably necessary to the normal operation of the APVA. The APVA agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. b) The APVA, in all solicitations or advertisements for employees placed by or on behalf of the APVA, will state that such Contractor is an equal opportunity employer. c) Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements herein. d) The APVA will include provisions of the foregoing subparagraphs, a, b and c in every subcontract or purchase order of over ten thousand dollars ($10,000.00), so that the provisions will be binding upon such subcontractor or vendor. e) The APVA will comply with the good faith minority business participation efforts required by the Virginia Beach City Code. 17. The CITY may at any time, and for any reason, terminate this Agreement by written notice to the APVA specifying the termination date, which shall be not less than thirty (30) days from the date such notice is mailed. Notice shall be given to the Al)VA shall by certified mail/return receipt requested at the address set forth in Paragraph I of this Agreement. In the event of such termination, the APVA shall pay to the CITY such amount as shall compensate the CITY for the APVA's portion of the work satisfactorily completed, and accepted by the CITY, at the time of termination. 18. In the event that the APVA shall for any reason or through any cause be in default of the terms of this Agreement, the CITY may give the APVA written notice of such default by certified mail/return receipt requested at the address set forth in Paragraph I of this Agreement. Unless otherwise provided, the APVA shall have ten (10) days from the date such notice is mailed in which to cure the default. Upon failure of the APVA to cure the default, the CITY may immediately cancel and terminate this Agreement as of the mailing date of the default notice. Upon termination, the APVA shall reimburse to the CITY all of the APVA's portion of the funds expended for the project to date. 19. It is understood and agreed that the APVA hereby assumes the entire responsibility and liability for any and all damages to persons or property caused by or resulting from or arising out of any act or omission on the part of the APVA, its agents or employees under or in connection with this Agreement or the performance or failure to perform any work required by this Agreement. The APVA shall save harmless and indemnify the CITY and its 4 agents, volunteers, servants, employees and officers from and against any and all claims, losses, or expenses, including but not limited to attorney's fees, which either or both of them may suffer, pay or incur as the result of such claims or suits. The APVA shall not be liable for any and all damages to persons or property caused by or resulting from or arising out of any act or omission on the part of the CITY, its agents or employees under or in connection with this Agreement or the performance or failure to perform any work required by this Agreement. 20. It is understood and agreed between the parties herein that the CITY will be bound hereunder only to the extent that funds are appropriated and budgeted for the purpose of this Agreement. In the event no funds or insufficient funds are appropriated and budgeted in any fiscal year for payments due under this Agreement, the CITY will immediately notify the APVA of such occurrence and this Agreement will terminate on the last day of the fiscal year for which appropriations were received without penalty or expense to the CITY of any kind whatsoever. 21. The APVA agrees to secure and maintain in full force and effect at all times during the period this Agreement is in effect, policies of insurance as may be required by the CITY's Risk Management Division. 22. There may be no modification of this Agreement, except in writing, executed by the authorized representatives of the CITY and the APVA. As evidence of their agreement to the terms and conditions set forth herein, the parties affix their authorized signatures hereto: ASSOCIATION FOR THE PRESERVATION OF VIRGINIA ANTIQUITIES, a Virginia 501(c)(3) association (SEAL) ATTEST: CITY OF VIRGINIA BEACH (SE.~I.,) Ruth Hodges Smith City Clerk By: City Manager/Authorized Designee of the City Manager 5 APPROVED AS TO CONTENT: Department APPROVED AS TO RISK MANAGEMENT: Robert Esenberg APPROVED AS TO AVAILABILITY OF FUNDS: APPROVED AS TO LEGAL SUFFICIENCY: Law Department STATE OF~'mGINIA CITY OF L. q'~i~O,'~-~ ,a Notary Public for the State at Large, do hereby certify that"~4EC' [~ ~ C~r o~/e~", Executive Director of the ASSOCIATION FOR PRESERVATION OF VIRGINIA ANTIQUITIES, whose name as such is signed to the foregoing Agreement has this day acknowledged the same before me in the City and State aforesaid, on behalf of the ASSOCIATION FOR PRESERVATION OF VIRGINIA ANTIQUITIES. Given under my hand this "l+h day of 15~r'i [ ,199 <~ . (.~-Notary Public My commission expires: STATE OF VIRGINIA CITY OF I, , a Notary Public for the State at Large, do hereby certify that , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, whose name as such is signed to the foregoing Agreement has this day acknowledged the same before me in the City and State aforesaid, on behalf of the CITY OF VIRGINIA BEACH. Given under my hand this ~ day of ,199 . My commission expires: Notary Public STATE OF VIRGINIA CITY OF I, , a Notary Public for the State at Large, do hereby certify that RUTH HODGES SMITH, CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, whose name as such is signed to the foregoing Agreement has this day acknowledged the same before me in the City and State aforesaid, on behalf of the CITY OF VIRGINIA BEACH. Given under my hand this __ day of ,199 My commission expires: Notary Public '"Verified As To Con!:~¢d" "Verified As To Content" "Verified As To Content" "Verified ms To'Content" 7 - 39- Item V-K. 2. RESOLUTIONS ITEM # 4.3 730 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Resolution to authorize execution and delivery of a Continuing Disciosure Agreement in connection with the issuance by the Virginia Public School Authority of its School Financing and Refunding Bonds (1997Resolution) Series 1997-1, certain of the proceeds of which refunded City of Virginia Beach School Bonds, Series 1991 A, to be effective immediately. 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 23, 1998 1 2 3 4 5 6 7 8 9 10 RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT IN CONNECTION WITH THE ISSUANCE BY THE VIRGINIA PUBLIC SCHOOL AUTHORITY OF ITS SCHOOL FINANCING AND REFUNDING BONDS (1997 RESOLUTION) SERIES 1997-1, CERTAIN OF THE PROCEEDS OF WHICH REFUNDED CITY OF VIRGINIA BEACH, SCHOOL BONDS, SERIES 1991 A 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 WHEREAS, the Virginia Public School Authority (the ~Authority") pursuant to a resolution adopted on June 26, 1991, as amended, restated and supplemented (the "1991 Resolution") issued bonds ("1991 Resolution Bonds") for the purpose of purchasing general obligation school bonds of certain cities and counties within the Commonwealth of Virginia; WHEREAS, the Authority has issued under the 1991 Resolution a certain series of 1991 Resolution Bonds designated as ~Virginia Public School Authority School Financing Bonds (1991 Resolution) Series 1991 A" (the ~Series 1991 A Bonds"); WHEREAS, the Authority used a portion of the proceeds of the Series 1991 A Bonds to purchase certain duly authorized and issued general obligation school bonds of the City of Virginia Beach, Virginia, designated City of Virginia Beach School Bonds, Series 1991 A (~Local School Bonds"); WHEREAS, the Authority refunded its Series 1991 A Bonds (the "Refunded Bonds") from a portion of the proceeds of its Virginia Public School Authority School Financing and Refunding Bonds (1997 Resolution) Series 1997-1 (the ~'1997 Resolution Bonds" or ~Refunding Bonds") issued pursuant to a resolution duly adopted by the Authority on October 23, 1997 (the ~1997 Resolution"); WHEREAS, the Authority in effecting the refunding has pledged the Local School Bonds for the benefit of the holders of Bonds issued under its 1997 Resolution; 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 WHEREAS, the Authority is required to assist the underwriters (the "Underwriters") of the Refunding Bonds with their duty to comply with Securities and Exchange Commission Rule 15c2-12 (the ~Rule"); WHEREAS, the Authority has requested the City of Virginia Beach to execute a Continuing Disclosure Agreement for the Authority to assist the Underwriters in complying with the Rule, and; WHEREAS, the City Council of the City of Virginia Beach considers it to be advisable for the City to fulfill the request of the Authority to execute a Continuing Disclosure Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. Continuinq Disclosure Agreement. The Mayor, City Manager, and such officer or officers as either may designate are hereby authorized to enter into a Continuing Disclosure Agreement in the form attached as Appendix A hereto, containing such covenants as may be necessary for compliance with the provisions of the Rule. 2. Further Actions. The members of the City Council and all officers, employees and agents of the City are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the execution and delivery of the Continuing Disclosure Agreement and any such action previously taken is hereby ratified and confirmed. 3. Effective Date. This resolution shall take effect immediately. 2 63 64 Adopted by the Council of the City of Virginia Beach, 23 June Virginia, on the day of , 1998. 65 66 67 68 CA-7012 ORD IN\NONCODE\ 199 lbond . RES R-3 MAY 20,1998 69 7O 71 APPROVED AS TO CONTENT: F~n a fiche DsFhrtmsnt / 72 73 74 75 APPROVED AS TO LEGAL SUFFICIENCY: ~epartment oX Law 76 Appendix A CONTINUING DISCLOSURE AGREEMENT [This Continuing Disclosure Agreement will impose obligations on the Local Issuer if and only if the Local Issuer is or has become and remains a "Material Obligated Person", as defined below] This Continuing Disclosure Agreement (the "Disclosure Agreement") is executed and delivered by the undersigned local issuer (the "Local Issuer") in connection with the issuance by the Virginia Public School Authority (the "Authority") of $224,285,000 aggregate principal amount of its School Financing and Refunding Bonds (1997 Resolution) Series 1997-I (the "Series 1997-I Bonds") pursuant to the provisions of a bond resolution (the "1997 Resolution") adopted on October 23, 1997. The Series 1997-I Bonds and all other parity bonds issued under the 1997 Resolution are collectively called the "Bonds". A portion of the proceeds of the Series 1997-I Bonds are being used by the Authority to refund certain bonds previously issued by the Authority the proceeds of which were used to purchase certain general obligation school bonds ("Local School Bonds") of the Local Issuer. The Local Issuer hereby covenants and agrees as follows: SECTION 1. Purpose of the Disclosure Agreement. This Disclosure Agreement is being executed and delivered by the Local Issuer for the benefit of the holders of the Series 1997-I Bonds and in order to assist the Participating Underwriters (defined below) in complying with the Rule (defined below). The Local Issuer acknowledges that it is undertaking primary responsibility for any reports, notices or disclosures that may be required under this Agreement. SECTION 2. Definitions. In addition to the definitions set forth in the 1997 Resolution, which apply to any capitalized term used in this Disclosure Agreement unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: "Annual Report" shall mean any Annual Report provided by the Local Issuer pursuant to, and as described in, Sections 3 and 4 of this Disclosure Agreement. "Dissemination Agent" shall mean the Local Issuer, acting in its capacity as Dissemination Agent hereunder, or any successor Dissemination Agent designated in writing by such Local Issuer and which has filed with such Local Issuer a written acceptance of such designation. "Filing Date" shall have the meaning given to such term in Section 3(a) hereof. "Fiscal Year" shall mean the twelve-month period at the end of which financial position NYLIBl/70397/3/18580/00006/vacham/May 19, 1998 - 4:43 and results of operations are determined. Currently, the Local Issuer's Fiscal Year begins July 1 and continues through June 30 of the next calendar year. "holder" shall mean, for purposes of this Disclosure Agreement, any person who is a record owner or beneficial owner of a Series 1997-1 Bond. "Listed Events" shall mean any of the events listed in subsection 5(b)(5)(i)(C) of the Rule. "local school bonds" shall mean any of the Local School Bonds and any other bonds of the Local Issuer pledged as security for Bonds issued under the Authority's 1997 Resolution. "Material Obligated Person" (or "MOP") shall mean the Local Issuer if it has local school bonds outstanding in an aggregate principal amount that exceeds 10% of the aggregate principal amount of all outstanding Bonds of the Authority. "National Repository" shall mean any Nationally Recognized Municipal Securities Information Repository for purposes of the Rule. "Participating Underwriter" shall mean any of the original underwriters of the Authority's Series 1997-I Bonds required to comply with the Rule in connection with the offering of such Bonds. "Repository" shall mean each National Repository and each State Repository. "Rule" shall mean Rule 15c2-12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time. "State Repository" shall mean any public or private depository or entity designated by the State as a state depository for the purpose of the Rule. As of the date of this Agreement, there is no State Repository. SECTION 3. Provision of Annual Reports. (a) The Local Issuer shall, or shall cause the Dissemination Agent to, provide to each Kepository an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Agreement. Such Annual Report shall be filed on a date (the "Filing Date") that is not later than 12 months after the end of any Fiscal Year (commencing with its Fiscal Year ending NYLIBI/70397/3/18580/00006/vacham/May 19, 1998 - 4:43 2 June 30, 1998) as of the end of which such Local Issuer was a MOP, unless as of the Filing Date the Local Issuer is no longer a MOP.~ Not later than ten (10) days prior to the Filing Date, the Local Issuer shall provide the Annual Report to the Dissemination Agent (if applicable) and shall provide copies to the Authority. In each case, the Annual Report (i) may be submitted as a single document or as separate documents comprising a package, (ii) may cross-reference other information as provided in Section 4 of this Disclosure Agreement and (iii) shall include the Local Issuer's audited financial statements prepared in accordance with applicable State law or, if audited financial statements are not available, such unaudited financial statements as may be required by the Rule. In any event, audited financial statements of such Local Issuer must be submitted, if and when available, together with or separately from the Annual Report. (b) If the Local Issuer is unable to provide an Annual Report to the Repositories by the date required in subsection (a), the Local Issuer shall send a notice to the Municipal Securities Rulemaking Board and any State Repository in substantially the form attached hereto as Exhibit A. SECTION 4. Content of Annual Reports. Except as otherwise agreed, any Annual Report required to be filed hereunder shall contain or incorporate by reference, at a minimum, annual financial information relating to the Local Issuer, including operating data, (i) updating such information relating to the Local Issuer as shall have been included or cross-referenced in the final Official Statement of the Authority describing the Authority's Series 1997-I Bonds or (ii) if there is no such information described in clause (i), updating such information relating to the Local Issuer as shall have been included or cross- referenced in any comparable disclosure document of the Local Issuer relating to its tax-supported obligations or (iii) if there is no such information described in clause (i) or (ii) above, initially setting forth and then updating the information referred to in Exhibit B as it relates to the Local Issuer, all with a view toward assisting Participating Underwriters in complying with the Rule. Any or all of such information may be incorporated by reference from other documents, including official statements of securities issues with respect to which the Local Issuer is an "obligated person" (within the meaning of the Rule), which have been filed with each of the The Authority covenants to advise the Local Issuer within 60 days of the end of each Fiscal Year if such Local Issuer was a Material Obligated Person as of the end of such Fiscal Year. Upon written request, the Authority will also advise the Local Issuer as to its status as a MOP as of any other date. NYLIBl/70397/3/18580/OOOO6/vacham/May 19, 1998 - 4:43 Repositories or the Securities and Exchange Commission. If the document incorporated by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The Local Issuer shall clearly identify each such other document so incorporated by reference. SECTION 5. Reporting of Listed Events. Whenever the Local Issuer is a Material Obligated Person required to file Annual Reports pursuant to Section 3(a) hereof and obtains knowledge of the occurrence of a Listed Event, and if such Local Issuer has determined that knowledge of the occurrence of a Listed Event with respect to its local school bonds would be material, such Local Issuer shall promptly file a notice of such occurrence with each National Repository or the Municipal Securities Rulemaking Board and each State Repository, if any, with a copy to the Authority. SECTION 6. Termination of Reporting Obligation. The Local Issuer's obligations under this Disclosure Agreement shall terminate upon the earlier to occur of the legal defeasance or final retirement of all the Local School Bonds. SECTION 7. Dissemination Agent. The Local Issuer may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Agreement and may discharge any such Agent, with or without appointing a successor Dissemination Agent. The Local Issuer shall advise the Authority of any such appointment or discharge. If at any time there is not any other designated Dissemination Agent, the Local Issuer shall be the Dissemination Agent. SECTION 8. Amendment. Notwithstanding any other provision of this Disclosure Agreement, the Local Issuer may amend this Disclosure Agreement, if such amendment has been approved in writing by the Authority and is supported by an opinion of independent counsel, acceptable to the Authority, with expertise in federal securities laws, to the effect that such amendment is permitted or required by the Rule. SECTION 9. Additional Information. Nothing in this Disclosure Agreement shall be deemed to prevent the Local Issuer from disseminating any other information, using the means of dissemination set forth in this Disclosure Agreement or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure Agreement. If the Local Issuer chooses to include any information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is specifically required by this Disclosure Agreement, such Local Issuer shall have no obligation under this Agreement to update such information or include it in any future Annual Report or notice of occurrence of a Listed Event. SECTION 10. Default. Any person referred to in Section 11 (other than the Local Issuer) may take such action as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the Local Issuer to file its Annual Report or to NYLIBl/70397/3/18580/OOOO6/vacham/May 19, 1998 - 4:43 give notice of a Listed Event. The Authority may, and the holders of not less than a majority in aggregate principal amount of Bonds outstanding may, take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to challenge the adequacy of any information provided pursuant to this Disclosure Agreement, or to enforce any other obligation of the Local Issuer hereunder. A default under this Disclosure Agreement shall not be deemed an event of default under the applicable resolution or bonds of the Local Issuer, and the sole remedy under this Disclosure Agreement in the event of any failure of the Local Issuer to comply herewith shall be an action to compel performance. Nothing in this provision shall be deemed to restrict the rights or remedies of any holder pursuant to the Securities Exchange Act of 1934, the rules and regulations promulgated thereunder, or other applicable laws. SECTION 11. Beneficiaries. This Disclosure Agreement shall inure solely to the benefit of the Authority, the Local Issuer, the Participating Underwriters, and holders from time to time of the Authority's Bonds, and shall create no rights in any other person or entity. SECTION 12. Counterparts. This Disclosure Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Date: 1998 CITY OF VIRGINIA BEACH [ CITY'S SEAL ] AGREED TO AND ACKNOWLEDGED: VIRGINIA PUBLIC SCHOOL AUTHORITY By: Authorized Representative By: Name: Title: NYLIBl/70397/3/18580/OOOO6/vacham/May 19, 1998 - 4:43 NOTICE OF FAILURE TO FILE ANNUAL REPORT [AUDITED FINANCIAL STATEMENTS] EXHIBIT A Re: VIRGINIA PUBLIC SCHOOL AUTHORITY SCHOOL FINANCING AND REFUNDING BONDS (1997 RESOLUTION) SERIES 1997-I CUSIP Numbers: 92817F NC6-NXO Dated: November 1, 1997 Name of Local Issuer: City of Virginia Beach NOTICE IS HEREBY GIVEN that the [Local Issuer] has not provided an Annual Report as required by Section 3(a) of the Continuing Disclosure Agreement, which was entered into in connection with the above-named bonds issued pursuant to that certain Series Resolution adopted on October 23, 1997, by the Board of Commissioners of the Virginia Public School Authority, a portion of the proceeds of which were used to refund certain bonds of the Virginia Public School Authority the proceeds of which were used to purchase certain general obligation school bonds of the [Local Issuer]. [The Local Issuer anticipates that the Annual Report will be filed by .] The Local Issuer is a material "obligated person" within the meaning of Rule 15c2-12 under the Securities Exchange Act of 1934, as amended, with respect to the above-named bonds of the Authority. Dated: [Name of Local Issuer] NYLIBl/70397/3/lg580/00006/vacham/May 19, 1998 - 4:43 EXttmlT B CONTENT OF ANNUAL REPORT Description of the Local Issuer. A description of the Local Issuer including a summary of its form of government, budgetary processes and its management and officers. Debt. A description of the terms of the Local Issuer's outstanding m-supported and other debt including a historical summary of outstanding tax-supported debt; a summary of authorized but unissued tax-supported debt; a summary of legal debt margin; a summary of overlapping debt; and a summary of annual debt service on outstanding tax-supported debt as of the end of the preceding fiscal year. The Annual Report should also include (to the extent not shown in the latest audited financial statements) a description of contingent obligations as well as pension plans administered by the Local Issuer and any unfunded pension liabilities. Financial Data. Financial information respecting the Local Issuer including a description of revenues and expenditures for its major funds and a summary of its tax policy, structure and collections as of the end of the preceding fiscal year. Capital Improvement Plan. A summary of the Local Issuer's capital improvement plan. Demographic, Economic and Supplemental Information. A summary of the Local Issuer's demographic and economic characteristics such as population, income, employment, and public school enrollmem and infrastructure data as of the end of the preceding fiscal year. The Annual Report should also include a description of material litigation pending against the Local Issuer. NYLIB1/70397/3118580/OOOO6/vacham/May 19, 1998 - 4:43 Item V-L.. - 40 - PUBLIC HEARING ITEM # 43 731 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: 1. JAMES P. BRICE, JR. PLANNING NON-CONFORMING USE 2. a. J. ROBERT ADDENBROOK b. COVINGTON CONTRACTING, INC. c. VIRGINIA S. FOWLER, ET AL d. BILL HEYWOOD BRAZIER SUBDIVISION VARIANCES 3. FOUNDRYUNITED METHODIST CHURCH CONDITIONAL USE PERMIT 4. BACK BA Y CHRISTIAN ASSEMBLY CONDITIONAL USE PERMIT 5. MICHAEL D. SIFEN, INC., A VIRGINIA CORPORATION CHANGE OF ZONING 6. HUNT ASSISTED LIVING, L.L.C. CHANGE OF ZONING CONDITIONAL USE PERMIT 7. C H & B ASSOCIATES, L.L.P AMENDMENT TO THE APPROVED LAND USE PLAN (BRENNEMAN FARM PUD) 8. THE SOUTHLAND CORPORATION RECONSIDERATION: AMENDMENT TO THE GREEN RUN LAND USE PLAN 9. CITY OF VIRGINIA BEACH AMEND CZO RE STANDARDS PERTAINING TO HOUSING FOR SENIORS AND DISABLED PERSONS. June 23, 1998 - 41 - Item V-L. PUBLIC HEARING ITEM # 43 732 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in one motion Items 1, 2a/b/d, 3, 4, 6, 7 and 9 of the PLANNING B Y CONSENT. Item 1 was DEFERRED INDEFINITELY B Y CONSENT. Item 4 was APPROVED with AMENDED CONDITIONS BY CONSENT Item 6a required NO ACTION (CZO amendments re senior housing allow this use with a CUP in the 0-1 Office District and regoning is no longer required.) Voting: 11 - 0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 23, 1998 Item V-L. 1. - 42 - PUBLIC HEARING ITEM # 43 733 PLANNING Upon motion by Vice Mayor Sessorns, seconded by Councilman Branch, City Council DEFERRED INDEFINITELY Ordinance upon application of JAMES P. BRICE, JR. to authorize an enlargement of nonconforming use: Application of James P. Brice, Jr., to enlarge a nonconforming use on property located on the north side of 26th Street, 170feet west of Arctic Avenue. Property is located at 409 26th Street. VIRGINIA BEACH BOROUGH. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None Item V-L2. a. June 23, 1998 - 43 - Item V-L.2. a. PUBLIC HEARING ITEM # 43 734 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED application of J. ROBERT ADDENBROOK for a variance to the Subdivision Ordinance which requires all lots created by subdivision meet all requirements of the City Zoning Ordinance (CZO): Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for J. Robert Addenbrook. Property is located at 211 69th Street. LYNNHA VEN BOROUGH. The following conditions shah be required: The proposed rear property line of Lot 12A shah be shifted Northward an additional 2 feet to ensure that the lot has the minimum lot area requirement of S, 000 square feet. Proposed Lot 1 IA shall be developed in strict conformance with City Zoning Ordinance setback requirements and lot coverage requirements for the R-SSD Residential District. 3. AH property lines, except those delineating the boundaries of the proposed lots as revised above, shall be vacated. A note shall be placed on thefinalplat indicating that Lots 1 IA, 12A and 12B are only approved for development of single-family homes. The single home planned for construction on proposed Lot 1 IA shall be constructed in substantial conformance with the rendering entitled "Addenbrook Residence ", dated May 1998. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 23, 1998 - 44 - Item V-L. 2.b. PUBLIC HEARING ITEM # 43 735 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED the application of COVINGTON CONTRACTING, INC. for a Variance to Section 4.4 (b) of the Subdivision Ordinance which requires all lots created by subdivision meet ail requirements of the CZO re legal creation of two building sites for single family development. Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Covington Contracting, Inc. Property is located at the southern extremity of Hawaiian Drive. L YNNHA VEN BOROUGH. The following conditions shall be required: 1. Both Lot A and Lot B shall connect to City sewer. It should be noted that a preliminary subdivision review has not been completed and further conditions may result from detailed subdivision review. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 23, 1998 - 45 - Item V-L.2. e. PUBLIC HEARING ITEM # 4?736 PLANNING Attorney R. Edward Bourdon, Pembroke One, Fifth Floor, Phone: 49-8971, represented the applicant Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council APPROVED the application of VIRGINIA $. FO WLER, et al, for a Variance to Section 4. 4 (b) of the Subdivision Ordinance relating to lot width requirements and 4.1 relating to right-of-way improvements re division into twelve separate building sites, Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Virginia S. Fowler, et al. Property is located at 3900 Old Shell Road LYNNHAVEN BOROUGH. The following conditions shah be required: f. Applicant shah work with the City and, if the City requests, shall dedicate additional right-of-way from the subject property at the existing terminus of Old Shell Road to provide a turn-around at the terminus of Old Shell Road. All of the conditions adopted by the Chesapeake Bay Preservation Area Board must be incorporated into the design of the project. These conditions include: The proposed property line along the rear of the existing residence on Lot 12 shall lie a maximum of 2O feet from said structure. All area below the top-of-bank for Lots 8 through 12 shall remain in their natural state (retain forest floor). All development, to include construction limits, for Lot 11 shall lie within the landward 50 -foot portion of the lO0-foot buffer. If and when the Northern shoreline for Lot 11 is hardened, the applicant shall employ a riprap revetment in lieu of a vertical structure as a means to preserve the existing-today fringe marsh. A buffer restoration/landscapingplan shall be submitted for Lot 11 concurrent with the submission of a detailed site plan to develop the site. Said restoration shall lie within the 50-foot seaward portion of the lO0-foot buffer and shall equal the amount of impervious cover associated with the development of this lot. A note shah beplaced on the recorded subdivision plat relative to the disposition of this variation request. June 23, 1998 - 46- Item V-L.2. c. PUBLIC HEARING ITEM # 43 736 (Continued) PLANNING Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 23, 1998 -47- Item V-L. 2.d. PUBLIC HEARING ITEM # 43737 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED the application of BILL HEYWOOD BRAZIER for a Variance to Section 9.3 of the Subdivision Ordinance re moving an existing lot line by four feet (4') to eliminate an encroachment and resubdivision into two buildable lots. Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Bill Heywood Brazier. Property is located at 2081 Tazewell Road. BA YSIDE BOROUGH. The following conditions shall be required: 1. The lot is approved for a single-family dwelling only. The subdivision plat shall reflect this condition. To ensure adequate separation between the existing house on Lot 3 and any future dwelling to be constructed on Lot 4, no variances shall be applied for to the side yard setback requirement for Lot 4 on the Northern side of the lot. The live oaks located in the first 20feet of Lot 3from the front property line must be retained on the site, except those that are dead or diseased. Evidence from a landscape professional, as defined in section 5A of the Site Plan Ordinance, must be presented to the Planning Director prior to removal of any dead or diseased live oaks in the 20-foot area. Trees may be removed in the 20-foot area to accommodate a maximum lO-foot wide driveway. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 23, 1998 Item V-L.3. - 48- PUBLIC HEARING ITEM # 43 738 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the Ordinance upon application of FOUNDRY UNITED METHODIST CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF FOUNDRY UNITED METHODIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH (ADDITIONS) R06982199 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Foundry United Methodist Church for a Conditional Use Permit for a church (additions) on Lots 5, 6, 7, 8, 9 and lO feet of Lot 10, Block 2, Lynnhaven Park. Saidparcel is located at 2801 Virginia Beach Boulevard and contains 4.5 acres. LYNNHAVEN BOROUGH. The following conditions shall be required: The conditional use permit is approved for the structural additions and parking lot areas as depicted on the site plan entitled "Preliminary Site Plan of Foundry United Methodist Church, Foundry Lane and Virginia Beach Boulevard, "dated 30 March 1998. Prior to final site plan approval, however, the applicant shah submit a revised site plan depicting the location of existing mature trees on the property, and shah work with City staff to revise the driveway and turn-around design as necessary to maximize tree preservation on-site. Mature trees to the West of the proposed parking lot shah be preserved, except for clearing necessary to meet minimum stormwater management requirements. The architectural design of the structural additions depicted on the submitted site plan shall substantially conform with that depicted on the "Proposed Master Plan for Foundry United Methodist Church, "prepared by Barnes Design Group and dated 25 June 1997. This Ordinance shall be effective in accordance with Section 107 69 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-third of June, Nineteen Hundred and Ninety-Eight. June 23, 1998 - 49- Item V-L. 3. PUBLIC HEARING ITEM # 43738 (Continued) PLANNING Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William IV. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 23, 1998 Item V-L. 4. - 50- PUBLIC HEARING ITEM # 45 759 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the Ordinance upon application of BACK BAY CHRISTIAN ASSEMBL Y for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF BACK BAY CHRISTIAN ASSEMBL Y FOR A CONDITIONAL USE PERMIT FOR A PRE-SCHOOL IN CONNECTION WITH A CHURCH R06982200 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Back Bay Christian Assembly for a Conditional Use Permit for a pre-school in connection with a church on the east side of Princess Anne Road, south of Vaughan Road. Said parcel is located at 1196 Princess Anne Road and contains 11.6 acres. PUNGO BOROUGH. The following conditions shall be required: 2. The number of children shall be limited to a maximum of *,,s ....... (I$) twenty-five (25). 3. An outdoor play area comprised of a minimum of 1350 square feet shall be provided. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-third of June, Nineteen Hundred and Nine~_ -Eight. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 23, 1998 Item V-L$. - 51 - PUBLIC HEARING ITEM # 43 740 PLANNING Attorney R. E. Bourdon, Pembroke One, Fifth Floor, Phone; 499-8971, represented the applicant Randy Royal, Engineering Services, 3951 Stoneshore Road, Phone: 468-6800 Upon motion by Council Lady Strayhorn, seconded by Council Lady Parker, City Council DEFERRED until the City Council Session of July 14, 1998, Ordinance upon application ofMICHAEL D. SIFEN, INC., A VIRGINIA CORPORATIONfor a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF MICHAEL D. SIFEN, INC., A VIRGINIA CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-SD TO CONDITIONAL B-2 Ordinance upon application of Michael D. Sifen, Inc., a Virginia Corporation for a Change of Zoning District Classification from R-SD Residential Duplex District to Conditional B-2 Conditional Business District on certain property located at the northeast corner of Lynnhaven Parkway and Salem Road. The proposed zoning classification change to Conditional B-2 is for commercial land use. The Comprehensive Plan recommends use of this parcel for retail service, office and other compatible uses in accordance with Plan policies. Said parcel contains 5.17 acres. KEMPSVILLE BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: William W. Harrison, Jr. Council Members Absent: None Councilman Harrison ABSTAINED as the landowner objecting to the right-of-way is represented by his law firm. June 23, 1998 Item V-L. 6. - 52- PUBLIC HEARING ITEM # 43741 PLANNING NO ACTION WAS REQUIRED: Change of Zoning District Classification from 0-1 Office District to 0-2 Office District (CZO amendments re senior housing allow this use with a CUP in the 0-10ffce District and rezoning is no longer required.) Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the Ordinance upon application of HUNT ASSISTED LIVING, L.L.C. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF HUNTASSISTED LIVING, LLC FOR A CONDITIONAL USE PERMIT FOR A NURSING HOME R06982201 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Hunt Assisted Living, LL C for a Conditional Use Permit for a nursing home on certain property located on the west side of Diamond Spring Road beginning at a point 250feet more or less north of Wesleyan Drive. Said parcel contains 2.9659 acres. BAYSIDE BOROUGH. The following conditions shall be required: Landscaping as shown on the submitted site plan, located along the Southern property line, adjacent to the Brighton Gardens housing development, must be enhanced so that it meets the requirements of a Category 1 screen as required by the Zoning Ordinance. The location and design of all proposed exterior signs must be submitted to and approved by the Director of Planning prior to the submission of the signs for City permit approvals. Seven (7) additional parking spaces must be provided beyond what is shown on the submitted site plan to meet the requirements of the revised Zoning Ordinance for senior housing. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-third of June, Nineteen Hundred and Nine_ty-Eight. June 23, 1998 - 53 - Item V-L. 6. PUBLIC HEARING ITEM # 43741 (Continued) PLANNING Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 23, 1998 - 54 - Item V-L. 7. PUBLIC HEARING ITEM # 43742 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the Ordinance upon Application of C H & B ASSOCIATES, L.L.P. for an Amendment to the approved Land Use Plan_for the Brenneman Farm Planned Unit Development: ORDINANCE UPON APPLICATION OF CH & B ASSOCIATES, L.L.P. FOR AN AMENDMENT TO THE APPROVED LAND USE PLAN FOR THE BRENNEMAN FARM PLANNED UNIT DE VELOPMENT Z06981106 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CH & B Associates, L.L.P., for an Amendment to the approved Land Use Plan for the Brenneman Farm Planned Unit Development. A relocation of approved uses within the remaining undeveloped 193-acre site were proposed. Seventeen acres of land designated for office use wouM be relocated to the north side of South Plaza Trail, approximately 1,200feet southwest of the intersection of South Plaza Trial with Independence Boulevard for offices and a possible clinic. Sixteen acres of commercial property wouM be relocated at the northeast corner of the South Plaza Trail and Princess Anne Road intersection. Additionally, 15 acres of property located adjacent to the northeast of the Catholic High School wouM be designated for an expansion of the existing Catholic High School. Residential units designated on the revised plan include: 120 retirement units, 225 apartment units, 154 condominium units, 210 single family units, for a total of 709 residential units. The existing approved PDH plan allows 709 residential units on the remainder of the property. The proposed land use plan may be viewed by the public at the Planning Department, Room 115, Operations Building, Municipal Center, Virginia Beach, Virginia. Said parcel contains 189. 96 acres more or less. KEMPSVILLE BOROUGH. The following conditions shall be required: The Land Use Plan of Brenneman Farm shall be revised and adopted as shown on the exhibit entitled "Proposed Land Use Plan," dated June 2, 1998, prepared by Kimley-Horn and Associates, Inc. (Hereinafter "Land Use Plan "), which Land Use Plan has been exhibited to City Council and is on file with the Planning Department of the City of Virginia Beach. The area on the Land Use Plan designated as "Catholic High School 15 AC" shall be used for the development of recreational facilities, parking and accessory buildings in conjunction with the Catholic High School immediately to the west of the site. This same 15 acre site shall be developed substantially as shown on the plan entitled "Conceptual Master Plan Catholic High School," dated March, 1998, prepared by Langley and McDonald, (hereinafter "Catholic High School Site Plan"), which site plan has been exhibited to City Council and is on file with the Planning Department. The baseball field, track and bleachers shown on the Catholic High School Site Plan will not be lighted and as such will not accommodate games or practices after dark. June 23, 1998 Item V-L. 7. PUBLIC HEARING PLANNING - 55 - ITEM # 43 742 (Continued) 6. Except to accommodate drainage in existing drainage ditches along the northern most boundary of the Catholic High School site shown on the Land Use Plan, a 30-foot wide tree preservation area shah be provided adjacent to the existing single-family homes to the north of the Catholic High School site. Category I landscaping shah be interspersed in portions of the tree preservation area where no trees are located or to provide additional low-level screening. Unless otherwise modified by these conditions, areas of the Brenneman Farm designated as office on the Land Use Plan shall be developed in accordance with the 0-2 Office District regulations of the Virginia Beach Zoning Ordinance. The 13-acre office area on the west side of South Plaza Trail, depicted on the Land Use Plan as "PD-H1 Office 13 AC" shall be developed as a medical and/or office complex substantially as depicted in the exhibit entitled "Medical Office Park for Brinkman MDC in Brenneman Farms" dated May 18, 1998 and prepared by Kimley Horn and Associates, Inc. (Hereinafter "Office Park Site Plan "), which site plan has been exhibited to City Council and is on file with the Planning Department. If parking is proposed within the area labeled "Future Expansion" on the Office Park Site Plan between the right-of-way for South Plaza Trail and future buildings, then a 3.5 -foot high landscaped berm with a 4:1 side slope will be installed to screen the parking spaces from the right-of-way. The first building constructed on the aforesaid site shah be constructed substantially as shown on the rendering entitled "Conceptual Rendering of Brinkman Buildings" dated April 28, 1998 prepared by OdeH (hereinafter "Rendering"), which rendering has been exhibited to the City Council and is on file with the Planning Department of the City of Virginia Beach. Medical and/or office buildings or expansions to medical and/or office buildings on the aforesaid 13-acre site shall be architecturally compatible with the buildings depicted in the Rendering. It is recognized that with a development of this size, detailed building plans and site plans may change as the planning stages progress. The intent of the Rendering is to demonstrate the style and quality of the proposed project. Final elevations of all structures shall be submitted to the Planning Director for review and approval prior to building plan approval. The buildings constructed on the four-acre office site to the west of South Plaza Trail and depicted on the Land Use Plan as "PD- HI Office 4 AC" shall be compatible with the architecture of the building shown in the Rendering. It is recognized that with a development of this size detailed building plans may change as the planning stages progress. The intent of the Rendering is to demonstrate the style and quality of the enclosed project. Final elevations of all structures shall be submitted to the Planning Director for review and approval prior to building plan approval. June 23, 1998 Item V-L. 7. PUBLIC HEARING PLANNING - 56- ITEM # 43742 (Continued) o 10. 11. 12. 13. 14. The 16-acre commercial area on the west side of South Plaza Trail designated as "PD-H1 Commercial 16 AC" shah not be developed until City Council has approved a conceptual site plan for the design elements of that portion of the property to address design elements relating to the site, buildings, parking areas, landscaping and pedestrian and vehicular access. The 16-acre area on the west side of South Plaza Trail, designated as PD-H1 Retirement 16AC- 120 Units "shall not be developed until City Council has approved conceptual plans for this use in keeping with zoning ordinance regulations and guidelines for senior housing facilities. The area designated as "Condominiums" on the Land Use Plan shah adhere to the requirements of the A-12 Apartment District. The area designated as "Apartments" on the Land Use Plan shall adhere to the requirements of the A-18 Apartment District. The area designated as "Single-Family" on the Land Use Plan shall adhere to the requirements of the R- Z 5 Residential District. The areas of the Brenneman Farm scheduled for development as condominiums, office, apartments, and/or single family as shown on the Land Use Plan shall, where applicable zoning regulations allow, prohibit any freestanding signage that does not conform with the following criteria: (a) Freestanding signs shah be monument style; (b) The base of the sign shall be at least the same width as the face of the sign; (c) The base of the sign shah be constructed of brick; and (d) The height of the sign shall not exceed eight feet. 15. 16. 17. The following uses, normally permitted within the PD-H1 District, have not been shown on the Land Use Plan and will not be allowed;fraternity and sorority houses, student dormitories and student centers, marinas, andprivate clubs or social centers. Prohibition of "private clubs or social centers" shah not be taken to exclude any private recreation facilities for residents such as community club houses. As each section of this development is brought forward for detailed administrative review, a detailed landscape plan and selective tree preservation plan shah be submitted to the Planning Director for approval. Such approval shah not be unreasonably withheld. AH open space areas in the residential sections must be rezoned to P-1 Preservation District as each section is developed. June 23, 1998 -57- Item V-L. 7. PUBLIC HEARING PLANNING ITEM # 43742 (Continued) 18. Development of the property beyond the 13-acre office site and the 15-acre Catholic High School expansion area, both on the north side of South Plaza Trail, will require submission of a full traffic impact study with detailed plan review to determine whether the applicant may be responsible for the widening to four lanes, all or a portion, of the two lane section of South Plaza Trail between Independence Boulevard and Princess Anne Road as warranted by that traffic study and the proposed level of development. Other traffic related improvements, including turn lanes and exact locations of access points and roadways will be determined with detailed site plan review in keeping with the traffic impact study, traffic engineering standards and as approved by the City Traffic Engineer. In addition, right-of-way dedications may be needed along the major roadways adjacent to this site in keeping with the Master Transportation Plan. A street tie to Lumber Jack Drive will be required during detailed administrative review. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-third o_f June, Nineteen Hundred and Ninety-Eight. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William ~ Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 23, 1998 - 58 - Item V-L. 8. PUBLIC HEARING ITEM # 43743 PLANNING Steve Romine, 4705 Columbus Street, Phone: 552-6031, represented the applicant Dave Walker, also represented Southland Upon motion by Council Lady Strayhorn, seconded by Councilman Baum, City Council RECONSIDERED and APPROVED (with the addition of Condition No. 11), the Application of THE SOUTHLAND CORPORA TION for an Amendment to the Green Run Land Use Plan to allow gasoline sales in con[unction Ordinance upon application of THE SO UTHLAND CORPORA TION for a Modification to the Green Run Land Use Plan: ORDINANCE UPON APPLICATION OF THE SOUTHLAND CORPORATION FOR AN AMENDMENT TO THE GREEN RUN LAND USE PLAN TO ALLOW GASOLINE SALES IN CONJUNCTION WITH A CONVENIENCE STORE AND A CAR WASH R06982202 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of The Southland Corporation for an Amendment to the Green Run Land Use Plan to allow gasoline sales in conjunction with a convenience store and a car wash on certain property located at the northeast corner of South Independence Boulevard and Lynnhaven Parkway. Said parcel contains 2.414 acres. PRINCESS ANNE BOROUGH. The following conditions shah be required: 1. The property shah be used for a convenience store, gas pumps, and one-bay automatic car wash. The property shall be developed in substantial conformance with the revised site plan entitled, "Preliminary Site Plan for 7-Eleven Food Stores of Parcel D-2-C,' revised June 10, 1998 by Waterway Surveys and Engineering, Ltd. 3. Foundation landscaping shah be provided in accordance with current Site Plan Ordinance requirements. The development shall comply with current stormwater management requirements. Minor adjustments to the site plan necessary to provide for stormwater management facilities shah be coordinated with the Planning Department/Operations Division. 5.. Hours of operation for the car wash and vacuum island shah be limited to 7:00 a.m. through lO:OO p. m. daily. 6.. A bike rack shah be provided. 7. A westbound turn lane, as shown on the submitted site plan, shah be provided. June 23, 1998 - 59- Item V-L. 8. PUBLIC HEARING ITEM # 43743 (Continued) PLANNING On sheet 2 of the submitted site plan, the existing curb and gutter, green area and sidewalk should be shown with a lighter weight line. Also, the proposed green area and sidewalk should be shown. A 4-foot sidewalk width is acceptable, so it matches the existing sidewalk on either side. A northbound, Independence Boulevard right turn lane is required.. The dimensions shall be approximately 75' of taper and 125' of storage. 10. The colored rendering entitled "7-Eleven No. 2514-32407", May 21, 1998, displayed to the City Council and on file with the Planning Department shah be substantially adhered to. Matching brick shall be used for the canopy supports. Any freestanding sign shah be monument style with a brick base to match the main building and landscaping. The architecture for the car wash structure, not shown on the rendering, be in keeping with the convenience store to include a full roof and matching building materials. 11. A Community Policing Sub Station shah be incorporated in the convenience store. This Ordinance shah be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-third of June, Nineteen Hundred and Ninety-Eight. ~ting: &l Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Harold Heischober , Barbara M. Henley, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Reba S. McClanan Council Members Abstaining: William W. Harrison, Jr.. and Louis R. Jones Council Members Absent: None Councilman Harrison ABSTAINED as his law firm provides legal services to the land owner who has contracted to sell the property to the applicant. Councilman Jones ABSTAINED as he is Director ora Bank related to this application. June 23, 1998 Item V-L. 9. PUBLIC HEARING PLANNING ITEM # 43 744 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance upon application of the CITY OF VIRGINIA BEACH to AMENDSections 111, 235, 401, 501, 601, 801, 901, 1110, 1125, 1511, 1521 and 1531 of the City Zoning Ordinance (CZO) re definition of and standards pertaining to, housing for seniors and disabled persons. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 23, 1998 1 2 3 4 5 6 7 8 9 AN ORDINANCE AMENDING THE CITY ZONING ORDINANCE BY PROVIDING A DEFINITION OF, AND STANDARDS PERTAINING TO, HOUSING FOR SENIORS AND DISABLED PERSONS, AND PRESCRIBING THE ZONING DISTRICTS IN WHICH SUCH USE IS PERMITTED SECTIONS AMENDED: CITY ZONING ORDINANCE SECTIONS 111, 235, 401, 501, 601, 801, 901, 1110, 1125, 1511, 1521 AND 1531 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 111, 235, 401, 501, 601, 801, 901, 1110, 1125, 1511, 1521 and 1531 of the City Zoning Ordinance be, and hereby are, amended and reordained, and shall read as follows: Sec. 111. Definitions. 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Housing for seniors and disabled persons. A category of multiple-family housing that includes one or more of the following types of housing facility: (a) Independent Living Facilities are intended for residency by individuals capable of functional independence. Such facilities stress the social, rather than the medical, needs of the resident; (b) Assisted Living Facilities provide reqular medical, nursing, social and rehabilitative services, in addition to room and board, for functionally impaired persons incapable of independent living. Such facilities provide less intensive care for residents than is provided by Nursing Facilities; and (C) Nursing Facilities provide 24-hour nursing service for infirm or incaPacitated persons. ....... ~lable to ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO ALL DISTRICTS C. CONDITIONAL USES AND STRUCTURES. Sec. 235. Housing for ~ seniors and disabled Housing for ~ .... = seniors and disabled persons shall be subject to the following conditions provisions: 2 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 (a) (b) (c) Fire standards. The fire chief of the City of Virginia Beach shall review each application and make appropriate recommendations for fire protection requirements which may be more stringent than those specified by the Uniform Statewide Building Code. These recommendations may be made conditions of the conditional use permit by city council. Loc~t~ .... ~ ~A--~ ..... ~~ Development quidelines Projects should conform to the Senior Housing Facility Development Guidelines set forth in Appendix 2 of the Report on Senior Housing. Multi-family Issues, dated April 10, 1998, which Appendix is hereby incorporated by reference in this ordinance. shall be determined by The density of the project the city council upon consideration of the extent to which such project conforms to the Development Guidelines and~ (1) Thc ~ .... ~-- of (2) ~ the adequacy of ~~~"~ facilities and services to meet the proposed needs of the project; and Parking requirements. There shall be one (1) parking space provided for each independent living dwelling unit. For assisted living dwelling units, there shall be one (1) parking space provided for every two (2) residents. For ccnvalcsccnt or nursing kcmcs facilities, there shall ...... ~ for every ~ .... '~ three (3) be one (1) space patient beds. However, this requirement may be modified 3 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 (d) by the city council when it is found that special conditions warrant such a modification. Occupancy criteria. Independent and assisted living facilities shall contain dwelling units for occupancy only by (1) families who have at least one family member who is sixty-two (62) years of age or older; (2) single persons sixty-two (62) years of age or older; or (3) disabled or ill persons or their family members as care givers. For purposes of this section, a person is deemed "disabled" if he or she is found by a licensed physician tO be unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment or deformity which can be expected tO result in death or to last for the duration of such person's life. 106 107 108 ARTICLE 4. AGRICULTURAL DISTRICTS· Sec. 401. Use regulations. 109 110 111 112 113 114 115 116 117 (a) Principal and conditional uses. The following chart lists those uses permitted within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the respective agricultural districts shall be permitted as either principal uses indicated by a ''P'' or as conditional uses indicated by a ''C.'' Uses and structures indicated by an ''X'' shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Use AG-1 AG-2 4 118 .... 119 120 121 122 123 ARTICLE 5. RESIDENTIAL DISTRICTS. 124 .... 125 126 127 128 129 130 131 132 133 134 135 136 137 138 Sec. 501. Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the R-40 through R-2.5 Residential Districts. Those uses and structures in the respective residential districts shall be permitted as either principal uses indicated by a ''P'' or as conditional uses indicated by a ''C.'' Uses and structures indicated by an ''X'' shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Uses R-40 R-30 R-20 R-15 R-10 R-7.5 R-5D R-5R R-5S R-2.5 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 aged, disablcd agenoy X X X C C C C C C X Hou~inq for seniors and disabled Der- sons whcn not cpcr a~cncy X X X C C C C C C X 5 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 ARTICLE 6. APARTMENT DISTRICTS. Sec. 601. Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the A-12 through A-36 Apartment Districts. Those uses and structures in the respective apartment districts shall be permitted as either principal uses indicated by a ''P'' or as conditional uses indicated by a ''C.'' Uses and structures indicated by an ''X'' shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Use A-12 A-18 A-24 A-36 abled or ~-~ ..... ~ or nursing ho.mas Housing for seniors and disabled persons ARTICLE 8. Sec. 801. Use regulations. OFFICE DISTRICTS. (a) Principal and conditional uses. The following chart lists those uses permitted within the 0-1 and 0-2 Office Districts. Those uses and structures in the respective Office Districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. 6 186 Use 0-1 0-2 187 188 189 190 Housing for seniors and disabled persons. 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 ARTICLE 9. BUSINESS DISTRICTS. Sec. 901. Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the B-1 through B-4 Business Districts. Those uses and structures in the respective business districts shall be permitted as either principal uses indicated by a ''P'' or as conditional uses indicated by a ''C.'' Uses and structures indicated by an ''X'' shall be prohibited' in the respective districts. No uses or structures other than as specified shall be permitted. Use B-1 B-iA B-2 B-3 B-3A B-4 A%m~e Housing for ~ .... ~ seniors and disabled persons or handicapped, including convalescent or nursing Use hc,,mcs; maternity homes; child care centers other than covered under permitted principal uses hereinabove, ....... provided that ~ ..... ~-~ -~-~ ~'~ -' ..... /~ ~ .... ~ling B-1 B-IA B-2 B-3 B-3A B-4 7 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 units pcr acrc .... the maximum height shall not exceed one hundred and sixty-five (165) feet; provided, however, that no structure shall exceed the height limit established by section 202(b) regarding air navigation ARTICLE 11. ~_c ~_c x x PLANNED DEVELOPMENT DISTRICTS. C C A. PD-H1 PLANNED UNIT DEVELOPMENT DISTRICT Sec. 1110. Land use regulation. (a) The land use plan approved by city council, or as modified, for each planned unit development project shall govern the development, and all land uses shall be in accordance with it. (b) Modifications to the land use plan by city council shall be in the manner of a zoning change. (c) Within a PD-H1 District, all of the principal uses and structures permitted within an A-12 Apartment District other than hospitals and sanitariums, together with the following enumerated uses and structures, shall be permitted: (1) Fraternity and sorority houses, student dormitories and student centers; (2) ,,v..,~" ....Housing for ~..~ .... ~,~ seniors and disabled or matcrnity homcs persons, with a conditional use permit; (3) Marinas; (4) Private clubs or social centers provided that clubs where conduct of commercial affairs is a principal activity shall not be permitted. 8 254 255 256 257 258 259 260 261 262 Sec. 1125. Allowed uses. Within the PD-H2 District, structures shall be permitted: PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT. (c) only the following uses and Conditional uses. (4) Housing for seniors and disabled persons. 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 ARTICLE 15. Sec. 1511. RESORT TOURIST DISTRICTS. RT-2 RESORT TOURIST DISTRICT Use regulations. (c) Conditional uses and structures: Uses and structures hereinafter specified, subject to compliance with the provisions of part C of article 2 hereof; provided, however, that except as set forth in subdivision (5.5), drive-through facilities shall not be permitted as a conditional or accessory use: (8) ..v,,,~== .... Housing for ~,,~ .... ~,~ seniors and disabled persons maternity homes; child care centers, other than those covered under permitted principal uses and structures hereinabove '-'~ .... ~ ....... ~ ~ ...... ~ ~ ......... RT-3 RESORT TOURIST DISTRICT. 9 283 Sec. 1521. Use regulations. 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 (c) Conditional uses and structures: Uses and structures hereinafter specified, subject to compliance with the provisions of part C of article 2 hereof; and provided, that except as set forth in subdivision (5.5), drive-through facilities shall not be permitted as a conditional or accessory use in any portion of the district east of Arctic Avenue, south of Winston-Salem Avenue and 4th Street, or north of 35th Street: (8)~...~" .... Housing for ~ .... ~,~ seniors and disabled persons maternity homes; child care centers, other than those covered under permitted principal uses and structures hereinabove '-'~ .... ~ ..... ~-= ~ ...... ~ ......... RT-4 RESORT TOURIST DISTRICT Sec. 1531. Use regulations. (c) Conditional uses and structures: Uses and structures hereinafter specified, subject to compliance with the provisions of part C of article 2 hereof: (3) ..~...~'~ .... Housinc_ for ~..~ .... ~=,~ seniors and disabled persons 10 312 313 314 315 316 317 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 23rd day June, 1998. CA-98-6983 wmm\ordres\45-235et.ord R-2 May 15, 1998 318 319 APPROVED AS TO CONTENT APPROVED AS LEGAL SUFFICIENCY 320 321 Planning Law Department 11 SENIOR HOUSING FACILITY DEVELOPMENT GUIDELINES A. Preface Senior housing facilities are designed to serve older adults in multifamily units. They are characterized by densities above those typically found in conventional multifamily dwelling structures. Senior housing facilities may include support facilities such as dining halls and emergency medical care facilities but are distinguished from hospitals and other similar treatment facilities by the absence of extended medical care capability. These guidelines are an attempt to meet the needs of senior housing residents while encouraging an improved direction in senior housing facility development. The best approach is to use sound land use planning practice with the use of design and aesthetic elements. Good design and aesthetics can go a long way toward helping define the character of any development. B. Development Application Process The conditional use permit (CUP) application process provides opportunities for certain safeguards that reflect the intent of sound land use planning for senior housing. Special attention should be placed on these two opportunities. Rezoning requests that involve a CUP request should be submitted as a conditional rezoning applications. Rezoning requests for apartment districts should reflect the lowest density apartment district necessary to achieve the desired result. In other words, avoid requesting A-36 zoning, when A- l 8 will suffice. The minimum lot area for senior housing facilities located in non-residential zoning categories should be three (3) acres. However, city council may modify this guideline based on the number of units, lot configuration or development related amenities. Every effort should be made to earmark a reasonable percentage of senior housing units to those who quality for Iow and moderate income assistance as defined by the U. S. Department of Housing and Urban Development. C. Site Selection Guidelines Developers of senior housing facilities should strive to select sites that meet the guidelines identified here. The goal is to locate senior housing developments within areas that can provide a reasonable level of service to the residents of those units. These guidelines should be judiciously applied where appropriate and not used to restrict the development of this type of housing within any area.. PC Agenda, May 13, 1998 - Page 16- 17 The development should be located within reasonable proximity to useful services and facilities. These include banks, shopping centers, parks, libraries, and recreation areas, among others. Effort should be made to locate such facilities within reasonable walking distance to bus stops. This criterion is less critical for Assisted Living Facilities and Nursing Facilities. Senior and/or Disabled developments should provide alterative transportation services where appropriate such as vans, buses or others modes of travel. The development should be located within reasonable proximity to hospitals, medical offices and pharmacies. The development should be located in aesthetically pleasing areas reasonably protected from excessive noise, air pollution and other negative physical influences. D. Site Design Guidelines Existing Natural Features During the design process, existing natural characteristics of a site should be identified. Natural site features and land forms should be considered during site design and building placement. Natural site amenities may consist of a significant stand of trees, unusual topographic conditions, natural drainage patterns and similar natural features. These features should be preserved to the greatest degree possible. These features create a sense of place on undeveloped sites that can be expanded on during the development process. All significant views present within the development boundaries, both on and from a site, should be maintained and enhanced. Access and Circulation The provision of clear and convenient vehicular and non-vehicular access to all new senior housing developments is and should remain a high priority during the development process. Vehicular and pedestrian access should be distinct and clearly separated. Access should be coordinated with or provided from the secondary street system or by cross- parcel access driveways whenever possible. o To minimize traffic conflicts, entrances and exits to a development should be consolidated and in one general location, a safe distance away from street intersections exhibiting high volumes of traffic. An internal circulation system should be utilized to provide access to uses within the development site. Entrances and driveways should permit safe and convenient pedestrian crossing where they intersect sidewalk and other pedestrian access ways. A change in paving material to make the driver aware of the crossing is encouraged. PC Agenda, May 13, 1998 - Page 16- 18 e Where appropriate, pedestrian pathways, not necessarily associated with the public roadways(s) fronting the property, should be provided. Senior housing facilities located adjacent to existing or planned commercial areas should provide safe and convenient pedestrian access ways between the facilities and the commercial area. These access ways should be an adequate width with a landscaped strip that includes trees and lighting that is both safe and attractive. e Uses that are part of the operation of senior housing facilities, such as traffic areas and deliveries, should be located so as to not be disruptive to adjacent residential neighborhoods. Parking Areas The visual appearance of new parking lots is controlled in part by adopted ordinances regarding parking lot landscaping. However, there are additional location and circulation characteristics that can further improve the appearance and function of lots. The parking area should be broken into separate subareas to avoid the 'sea of asphalt' appearance. Parking areas should be situated so that they are buffered from the arterial highway by landscaping or other physical means and provide safe, well marked and well- lit access to the units. e Landscaping for the parking area should be strategically located to provide visual relief, shading of the lot, green areas, and screening while insuring that unobstructed lines-of- sight are maintained, both at the time of planting and when the plants have matured. Landscaping Senior housing facilities that adjoin areas planned for residential use should provide effective screening. Trash collection areas should be located in a way that significantly minimizes related noise and odor. Landscape plants should be provided as an effective buffer between such uses according to ordinance requirements. Screening may include fences, walls, berms, hedgerows and massing of plant material. All enclosures should be designed with attractive, durable materials or be from a selection of hardy native plant materials. If walls are used, they should match the dominant material and color schemes used in the building. Design continuity should be maintained between the building, trash enclosure area, and the wall plane used for screening. Height and placement of the walls and fences should comply with zoning ordinance requirements. When selecting the type, size and location of landscaping at critical areas such as intersections, parking lot crossways and driveways, always consider providing safe, unobstructed lines-of-sight for motorists that meet or exceed development standards. The size of the plants at planting and at maturity should be considered. Additionally, an PC Agenda, May 13, 1998 Page 16 - 19 inspection and maintenance schedule should be developed and adhered to insure that lines-of-sight are always adequate. Stormwater Management as Landscape Features Whenever possible, stormwater retention and detention systems are encouraged to be designed as open space or landscape amenities or located adjacent to the highway right- of-way. Grass swales should be used to accommodate surface drainage when possible. e When structural systems are provided, plant material should be used to soften the appearance. The design of the system should blend in with the natural site features and become a design element of the overall development. e Nonstructural systems can be of a variety of landscape plant materials which include ground cover, low to mid-height shrubs or a combination thereof. e Where possible, fountains and other amenities should be included as part of an attractive stormwater management feature to complement the overall site design of the facility. Lighting All outdoor lighting should provide a safe and attractive environment for drivers and pedestrians. Outdoor lighting should be designed to avoid glare intruding into adjacent residential area. Signs All signs should be clearly marked, attractive and consistent in color and theme with the primary building. Setback and Building Location This section describes how senior housing structures should be situated on a development parcel when located in relationship to the roadway. Where opportunities present themselves, structures should be sited to create courtyards or open spaces that promote a "sense of place" or a human scale for the development. Particular attention should be directed at the appearance of the buildings from the arterial highway created by the way in which the buildings are sited. The "barracks" appearance should be avoided. PC Agenda, May 13, 1998 - Page 16- 20 Where appearances depend on the character of the surrounding development, buildings should be generally oriented within a well-landscaped green area. The height, bulk, and architecture of these structures should convey a sense of openness, ensuring substantial sunlight access. Buildings should be oriented to the street and designed and scaled to accommodate safe and convenient pedestrian movement. Usable open space areas should be included as part of the development and where possible, be strategically located with adjacent open space areas such as a residential area or an arterial highway that would allow future transit stops. E. Building Design Guidelines Of paramount concern is the actual design of the building in relationship to surrounding buildings and the surrounding area. Good site design cannot compensate for poor building design nor can good building design compensate for poor site design. Both are interrelated. This section provides some guidance regarding the principles of building design that should be utilized in planning a building or other structure. Compatibility The relationship of a building to its surroundings, both natural and built, is important to its success. That relationship is primarily conveyed through the scale, mass, height, and proportion utilized in the design. Scale is vital to achieving compatibility. The three most important aspects of scale to achieve compatibility are: 1. The ratio of the parts of a structure to the entire structure, 2. The structure's size in relationship to its surroundings, and 3. The structure's size in relationship to an individual. o The mass, or overall size, and height of the structure should be appropriate to the surroundings. The closer the building or structure is to the highway, the less the mass and height should be. One way to accomplish this is by using a staggered tiered or "wedding cake" design. The effort is to create an easily recognizable and rememberable "place." Increase in mass should be accompanied by an increase in the quality of the site design, including amenities and landscaping. Proportion is the relationship on one dimension to another. Good proportion is expressed by each component of a building (height to width of a door, for example); the relationship of each component to each other (wall to window, for example) and the ratio of building mass to the spaces around it. PC Agenda, May 13, 1998 Page 16 - 21 Other Building Design Elements This section will focus on various aspects of building design that should be addressed for any structure. All elevations visible from a roadway should be of equal quality in design, detail and material. Visual interest should be provided through window and door details, varied roof lines, consistent textures and color, etc. In the case of several buildings, staggered placement of the buildings can create that interest. e Materials used on structures should be long-lasting, attractive, and high quality. Cinder block, large expanses of vinyl siding, and plywood sidings are some examples of inappropriate materials. e Like material, color should be more sensitive to the character of the surrounding area. Color should be less intense, blending with the surrounding landscape, and not obtrusive. The appropriate design of the building itself should be sufficient to attract the necessary attention; color should only be an accent. The building should possess details that are pedestrian in nature. Architectural details should be included in the design of buildings that are scaled to the pedestrian, that draw the pedestrian's eye, and that creates a memory of the building and the place. Amenity features such as public plazas, staggered buildings, gazebos, fountains, circular passenger drop-off points and distinctive architecture should be included in the design of senior housing development. Lighting of buildings should be designed as an integral part of the building's architecture to be as unobtrusive as possible. This lighting especially on the rear of buildings should be designed and placed so that it does not direct or reflect any illumination into residential areas. 0 The height, bulk, and architecture of structures should convey a sense of openness, ensuring substantial sunlight access. e Applicants are encouraged to provide areas for growing flowers or vegetables. These areas may include, but are not limited to, courtyards that have small, raised garden plots that are constructed to allow ease of access for those residents with limited movement who may require wheelchairs or walkers. 8. Facilities such as small playgrounds should be provide for visiting children. PC Agenda, May 13, 1998 Page 16 - 22 Item # 16 Amend. Sees. 111,235,401,501,601,801, 901,1110,1125,1511,1521 and 1531 of CZO Definition of, and standards pertaining to, housing for seniors and disabled persons May 13, 1998 CONSENT AGENDA Charles Salle: Number sixteen, which is amendments to the variance section of the CZO pertaining to the definition of the standards pertaining to the housing for seniors and disabled persons. Andy Friedman: Members of the Planning Commission, my name is Andy Friedman. I am with the Department of Housing and Neighborhood Preservation here. On behalf of the recommendations brought to you by the Senior Housing Committee, I would just like to say a few words about that, I think at the commission's request. The Senior Housing Committee examines various issues relating to the creation of multi-family housing for senior citizens in the City of Virginia Beach and provided a variety of recommendations some of which are before the commission today. They include changes to the zoning ordinance and changes to planning policy as well as the process of considering senior housing issues at the staff level. I will let Tom Pauls just tell you what those are. Tom Pauls: Briefly, we made recommendation to the Planning Commission for the consideration of council and suggested changes to some of the definitions regarding housing for senior citizens. We also identified some provisions for conditional use permit and conditional zoning provisions if a rezoning is required as part of a conditional use permit for senior housing that conditional zoning, indeed, will include proffers pertaining to the performance guidelines that are sited in the policy document before you. We have made some modifications to the parking. We have also adjusted some of the zoning classifications within which senior housing would be considered appropriate. Betsy Atkinson: O.K. Any other comments the commission wants to make on this? Mrs. Eure: I think that it would be appropriate to commend this committee staff and leadership as well as the volunteer leadership. Were you going to do that? Particularly, Barbara Ferguson who is a long term member of the Planning Commission. Barbara, would you stand? This lady has worked (inaudible) on behalf of senior citizens and housing, and we really need to commend her and thank her for attending and even have lunch with us Barbara. There was so much work that went into this that Planning Commission itself, really appreciates what you have done for the citizens of the city. Item # 16 May 13, 1998 Page 2 Betsy Atkinson: Thank you. Barbara Ferguson: I am not accustomed to public speaking; however, I will be brief and say I want to thank each and every member of the Planning Commission for supporting these amendments to the zoning ordinance. As an independent senior citizen, I think that this will go a long way in facilitating the development of senior housing at every income level. I thank you again. Betsy Atkinson: Thank you. I appreciate it. With that said, do we have a motion to approve the. .. ? Judy? Charles Salle: I vote that we adopt the consent agenda consisting of Item # 1 with five conditions, Item # 2 two conditions, Item # 3 with three conditions, Item # 7 with five conditions with the changes noted, # 10 with one condition, # 11 with four conditions, # 12 with six conditions, # 13 with two conditions, # 14 with three conditions, and # 16. Betsy Atkinson: O.K. Thank you Mr. Salle. Judy Rosenblatt: Much better than how I could of put it. Betsy Atkinson: And a second by Ms. Rosenblatt. Bill McCali: On # 16, the motion should include the one page one line amendment that we passed out at the informal session. Betsy Atkinson: Alright, we will include that amendment, also. Alright. Bill Miller: Madam chairman, I need to abstain from 10, 11, 12, & 13. Judy Rosenblatt: Oh, is it open? Well, I vote aye. Betsy Atkinson: Mr. Salle, aye, Mr. Miller, and Cheryl? Cheryl Avery-Hargrove: Aye. Item # 16 May 13, 1998 Page 3 AYE 11 NAY 0 ABS 0 NOT VOTING 0 SALLE AYE BETZ AYE DIN AYE ELIASSEN AYE HORSLEY AYE VAKOS AYE MILLER AYE ATKINSON AYE EURE AYE HARGROVE AYE ROSENBLATT AYE Betsy Atkinson: Alright, by a vote of 11-0, you approved the consent agenda with the exception of abstention by Mr. Miller on items # 10, 11, 12, and 13. - 61 - Item V-M. 1. APPOINTMENTS ITEM # 43 745 BY CONSENSUS, City Council RESCHEDULED: AIRPORT.4 UTHORITY DEVELOPMENT A UTHORITY HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC) PARKS AND RECREATION COMMISSION PERSONNEL BOARD SOCIAL SER VICES BOARD TIDEWATER COMMUNITY COLLEGE BOARD TIDEWATER REGIONAL GROUP HOME COMMISSION VIRGINIA BEACH TOWING ADVISORY BOARD June 23, 1998 Item V-N. 1. NEW B USINESS ITEM # 43746 Council Lady Strayhorn advised she had a telephone call from Roger Fletcher of Chatham Lake Area. He had been working for the last two years to secure 83 signatures to develop a neighborhood watch group. The neighbors raised #50for a block party to celebrate with hot dogs and hamburgers. The residents called the City for a permit and were informed they mustpay $50 to have the blockparty. As they had only raised #50for the party itself, they couM either have the permit or the hotdogs and hamburgers. Council Lady Strayhorn found this difficult to understand. Council Lady Strayhorn asked the City Manager ifa Resolution could be adopted to waive the fee, at least for the first, allowing a block party to celebrate a neighborhood watch. Volunteers should be rewarded, not penalized. Council Lady Strayhorn was informed an ordinance to amend and reordain certain city codes pertaining to permits for special events and filming activities is being developed. ITEM # 43747 At the request of Councilman Branch, Council Lady Strayhorn went to Washington, D.C. this morning, June 23, 1998, to testify before Senator Warner's Committee on the beach replenishment provisions. A cost- sharing policy, which would have negatively impacted the City, was being discussed by Congress and the Administration. At the present time, for these projects, the Federal Government pays 65% and the locality pays 35 %. The new policy suggested that this formula be reversed with 35 % for the Federal Government and 65% forthe localities. Council Lady Strayhorn worked with the City's lobbyist. Council Lady Strayhorn expressed appreciation to Phillip Roehrs, Public Works - Beach Management, for his expert testimony. Senator Warner favorably received the remarks. The Congress is agreeing to propose to "grandfather" projects such as this City's which have been in effect since the 1960s and will be reviewing the 65% share for the Federal Government and not approving the administrations 'packet. The Department of the Interior has an authority under the Outer Continental Shelf Lands Act regarding any project that has been authorized. Virginia Beach is the only locality in the Country to have been compelled to pay a mining fee. The directive language for the reimbursement of the $198,000 mining fee was an issue also brought before the Subcommittee. Council Lady Strayhorn expressed appreciation that she could represent the City on her last day as a Member of the Virginia Beach City Council. This was a great day for Council Lady Strayhorn. ITEM # 43 748 Council Lady Strayhorn advised herterm on City Council has been one of the best times of her life by doing hard work and learning every single day. She expressed appreciation to all citizens who supported her candidacy and to the City staff for their endeavors in her behalf with an extra special thanks to the City Manager and City Attorney. She has made many friends with her Town Meetings. The Members of City Council have been a TEAM of which she has been proud to be a member. Council Lady Strayhorn presented baskets comprised of fruit and vegetables made of marzipan by Victoria from La Belie Italia to the Mayor and Members of City Council, the City Manager, City Attorney and the City Clerk. Mayor Oberndorf extended appreciation to Council Lady Strayhorn for her service and said this is not "Goodby" but merely "Shalom "-for peace. June 23, 1998 Item V-N. 2. NEW B USINESS ITEM # 45 749 Mayor Oberndorf expressed appreciation to the Dean of Council, John Baum, who is about to embark on his graduation. The City needs to devise a City mace for their Dean. The Mayor will never look at a wetland without thinking of Councilman Baum. Councilman Baum said if you walk in it and get your feet wet, it is a wetland. Otherwise, it is a government wetland. Mayor Oberndorf advised Councilman Baum had an unimpeachable record of outstanding service and has been patient with members of City Council. Over the years they have grown to love and respect one another and always looking forward to building a better Virginia Beach for everyone to enjoy whether from the farming or more developed districts of the City. Councilman Baum advised when he left the U.S. Corps of Engineers, his neighbors talked him into serving on City Council. He felt like it was his duty. He had a friend who nicknamed him "Dudley Do right"and told him he always did the right thing no matter how stupid. Overall, his service on City Council has been positive and he will miss his fellow Members of City Council and thanked them for their kind thoughts. June 23, 1998 Item V-P. ADJOURNMENT ITEM # 43 750 Mayor Meyera E. Oberndorf DECL4RED the City Council Meeting ADJOURNED at 7.'30 P.M. Beverly 07. Hooks, CMC/AAE Chief Deputy City Clerk William D. Sessoms, Jr. Vice Mayor Ruth Hodges Smith, CMC/A/IE City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia June 23, 1998