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HomeMy WebLinkAboutJANUARY 4, 2000 MINUTESCITY COUNCIL City of Virginia Fqe ¢tn "COMMUNITY FOR A LIFETIME" AfAYOR MEYERA E. OBERNDORF. At-Larr~ VICE MAYOR ~TLLIAM D. SI:SSOMS. JR.. A/-L~rgc LIh~OOD O. BRANCH IH. Dtntru t 6.Beo~ h MARGAR~ L, EURE. D~trtct I .('rnterv~ll* WI~IAM M. HARRISON. JR.. Dt.~tr~( t 5 I, vn,du~tc, HARO~ HEISCHOBER. dt.l~rgr BARBARA M. IIENLEY. District 7.Prmce1~ Annr LOUIS R. JONE$. Distn( t 4-Bayst&' REBA S. McC~NAN. D~strtct 3.Rme itall NANCY K. PARKER. At-~rRe A.M. tDONI WEEKS. D~strwt 2.Kemp.~vdle JAMES K. SPORE. C ly MunaRer LESLIE L. LILLEY, City Attorney RUTH HODGES SMITH, CMC~AAE. Ctsy Clrr~ CITY COUNCIL AGENDA CIF~ HALL BUILDING I 24tH COURTHOUSE DRIVE VIRGINIA B~A('H. VIRGINIA 2,145h-~X)5 PtIONE: tT$7~427.4J03 FA,~: (757~426-5660 EMAIL C'I' YCNCL~ CITY, VIRGINI A-BE^CH VA.U ~ January 4, 2000 I. CITY MANAGER'S BRIEFING - Conference Room - 1:00 PM Ao Y2K WRAP-UP David Sullivan, Chief Information Officer (15 mm.) II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - 1:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend David D. Rieke Avalon Hills Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS December 14, 1999 G. AGENDA FOR FORMAL SESSION The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. H. PUBLIC HEARINGS REAL AND PERSONAL PROPERTY STATE AND LOCAL TAX EXEMPTION BETH SHOLOM TERRACE BIZNET, INC. LAST GREAT WATERS, INC. and GREAT WATERS, INC. VIRGINIA BEACH COMMUNITY TRUST EXEMPT FUND I. RESOLUTIONS Resolutions to support legislation designating real and personal property owned by the following benevolent corporations as being exempt from state and local real and personal property taxation: ao BETH SHOLOM TERRACE BIZNET, INC LAST GREAT WATERS, INC. and GREAT WATERS, INC. VIRGINIA BEACH COMMUNITY TRUST EXEMPT FUND BAYCLIFF CIVIC LEAGUE, INC. (deferred 14 December 1999) Jo ORDINANCES 1. Ordinance to AMEND Section 6-116 of thc City Code rc surfing. (Deferred December 7, 1999) Ordinance to APPROPRIATE $30,800 from the DEA Seized Property Special Revenue Fund to the FY 1999-2000 Operating Budget of the Police Department re purchase of investigative equipment and related software for the Special Investigative Division. PLANNING RECONSIDERATION of an application of LOTUS CREEK ASSOCIATES denied November 23, 1999, for a Variance to Section 5B of the Site Plan Ordinance, Floodplain Regulations, to complete a residential development project on property on Lotus Creek Drive, 270 feet South of Camino Real South, containing portions of a 232.8 acre site (PRINCESS ANNE - DISTRICT 7). AMEND Sections 111,239.03, 601,701,801,901, 1001, 1501, 1511, 1521 of the City Zoning Ordinance (CZO) re parking garage. (Requested by Councilman William W. Harrison, Jr.) Deferred: December 14, 1999 Recommendation: APPROVAL APPOINTMENTS BOARD OF ZONING APPEALS (BZA) COMMUNITY SERVICES BOARD (CSB) FRANCIS LAND HOUSE BOARD OF GOVERNORS MINORITY BUSINESS COUNCIL I~ESORT ADVISORY COMMISSION (RAC) UNFINISHED BUSINESS NEW BUSINESS ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 12/29/99cmd AGENDA\01 \04~000. www.virginia-beach.va, us MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 4, 2000 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING re Y2K WRAP-UP in the Council Conference Room, City Hall Building, on Tuesday, January 4, 2000, at 1:00 P.M. Council Members Present: Margaret L. Eure, HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Absent: Linwood O. Branch, III [ENTERED: 1:25 P.M.] Councilman Harold Heischober RESIGNED EFFECTIVE JANUARY 1, 2000. -$- CITY MANA GER 'S BRIEFING Y2K WRAP-UP I:OO P. M. ITEM # 46081 David Sullivan, Chieflnformation Officer, presented information relative the Year 2000 Rollover event. Mr. Sullivan displayed the actual compilation of the plans of all systems throughout the City Government. All steps were competed during the weekend. The Emergency Operations Center opened at 5:00 P.M. December 31, 1999, and closed at 2:00 A.M. January 1, 2000. All Level One Critical Systems tested and reported operational Year 2000 Command Center opened December 31, 1999, and closed at 4:00 P.M. on January 1, 2000. Level Two and Three Systems reported operational Twenty-two (22) computer related incidents reported by City agencies. Most incidents cleared by 11:00 A.M. on Tuesday January 4, 2000. Mr. Sullivan advised the new CAD system in the 911 Center worked flawlessly. Approximately one minute past midnight, the. first call wa~ initiated. About 'half of the computer incidents were normal problems, which were not related to Y2K. However, there were some valid Y2K issues. ,4 system problem was noted with the Delinquent Account Utility Billing System, which was repaired by Saturday afternoon. All critical systems have been repaired as of this morning, January 4, 2000. Minor computer problems, which do not impact direct services, are still being repaired. Mr. Sullivan advised if the Computer Aided Dispatch System had not been replaced in October, it wouM have ceased functioning when the January 1, 2000, date rolled over. Mr. Sullivan referenced: SELECTED YEAR 2000 ISSUES FROM AROUND THE COUNTRY. Systems reporting year as 2099 The Financial software ora City in the Midwest was unable to post batch updates on 1/1/2000 Systems reporting date as December 32, 1999 Time Clock problems Mainframe unable to compile programs Refueling systems reporting expired cards Naval Observatory's Web Page reported year 19100. There might still be problems, as a complete payroll will not be run until the end of this week for the January 15, 2000. Paycheck, new decals will soon be issued by the Treasurer's office June 30, 2000, will be the first fiscal year closed with the new year 2000 date, and this year is Leap Year Some systems did not have this "leap year"function built into them. Therefore, there are still some potential for glitches. Close to 100% of the City's systems were tested over the weekend. Mr. Sullivan expressed appreciation to the City Council and the City Manager for their support. Roz Jones, Y2K Project Manager (under contract since 1997), has done a magnificent job and the City Staff members of the Y2K Committee, expended many hours assuring the systems functioned properly. Approximately $2.5- MILLION was appropriated for the Y2K project. The City is in a very good position to move forward and utilize the technology to better serve the citizens and operate the government more efficiently. The City has been able to invest in its technology on a regular basis while many local governments have not done so; therefore, the City did not ftnd itself with all technology being "old at one time ". January 4, 2000 -4- CITY MANA GER 'S BRIEFING Y2K WRAP-UP ITEM # 46081 (Continued) Mayor Oberndorf referenced other cities of Virginia Beach's size expended from $5 to $40-MILLION for Y2K compliance. $2.5-MILLION appears to be a very judicious utilization of these funds'. Council Lady Parker referenced her attendance at the National League of Cities, which involved discussion concerning Technology and its utilization to help with the relationship between citizens and government. This discussion was in 3 phases: government to government (within their own departments); business to government and citizens to government. Council Lady Parker requested, at a future City Council Session, Mr. Sullivan provide information concerning these particular areas and if these methods could be utilized within Virginia Beach's system. There is a small city in Kansas which has almost reached the point of a "paperless government". Mr. Sullivan advised the citizen connection is important. Fairfax County just received the NA CO Award for technology applications and is recognized as the leader among the State's localities in dealing with citizens over the Internet. Mayor Oberndorf requested Mr. Sullivan provide information relative the Budget in Phoenix and Fairfax County or related to this type of technology and what tax rate is used in Fairfax and Phoenix to assist in supporting this technological service. January 4, 2000 -5- AGENDA RE VIE W SESSION 1:20 P.M. ITEM # 46082 1.1. Resolution to support legislation designating real and personal property owned by the following benevolent corporations as being EXEMPT from state and local rem and personai property taxation: a. BETH SHOLOM TERRACE Council Lady McClanan and Councilman Harrison expressed concern. The CiO, Attorney advised the Attorney for Beth Sholom had forwarded correspondence advising this organization wouM not be offering any services for low income individuals. Councilman Harrison advised Westminister Canterbury does not offer low income and they are paying real estate taxes. Councilman Harrison believes there is an agreement they would not seek the real estate tax exemption, but they could if the City granted an exemption to one of their competitors. The City Attorney advised he was not aware of an agreement with Westminister Canterbury; however, there was an agreement with respect to Founders Inn. This item will DEFERRED to January 11, 2000, in order for guidance to be provided by Beth Sholom. ITEM # 46083 1.1. Resolution to support legislation designating real and personal property owned by the following benevolent corporations as being EXEMPT from state and local real and personai property taxation: c. LAST GREAT WATERS, INC. and GREAT WATERS, INC The City Attorney distributed a revised Resolution, as Last Greater Waters, Inc. and Great Waters, Inc. have consolidated and are now known as LAST GREAT WATERS, INC. Council Ladies Parker and Eure expressed concern and wished proof regarding the utilization of the Hatteras Boat by the applicant. Vice Mayor Sessoms referenced a telephone conversation with the applicant and was assured the Hatteras Boat is utilized solely for the purpose claimed. The City Attorney had requested the applicants prepare information relative the utilization of this Hatteras Boat, which was forwarded in City Council's package on Friday, December 31, 1999. Council Lady McClanan advised she would vote NAY on this item. The applicant will be present and this item will be discussed during the Formal Session. ITEM # 46084 1.1. Resolution to support legislation designating real and personal property owned by the following benevolent corporations as being EXEMPT from state and local real and personal property taxation: d. VIRGINIA BEACH COMMUNITY TRUST EXEMPT FUND The City Attorney advised he was distributing a revised Resolution adding Section 2: "that the Council for the City of Virginia Beach supports an effective date of July 1, 1999, for any legislation designating Virginia Beach Community Trust Exempt Fund as a benevolent organization and exempting it from local property taxes." The City Attorney advised that apparently the Virginia Beach Community Trust Exempt Fund has not paid taxes for the last several years; and, therefore they are facing a tax bill. January 4, 2000 -6- AGENDA RE VIE W SESSION ITEM # 46085 dl. Ordinance to AMEND Section 6-116 of the City Code re surfing. (Deferred December 7, 1999) Councilman Branch advised the representatives of SAFE have requested an INDEFINITE DEFERRAL in order to meet with the residents of Croatan to discuss the various issues. Council Ladies Henley and Parker requested a review period be included within the Ordinance. ITEM # 46086 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: RESOLUTIONS I. 1. Resolutions to support legislation designating real and personal property owned by the following benevolent corporations as being EXEMPT from state and local real and personal property taxation: a. BETH SHOLOM TERRACE b. BIZNET, INC d. VIRGINIA BEACH COMMUNITY TRUST EXEMPT FUND e. BAYCLIFF CIVIC LEAGUE, INC. (deferred 14 December 1999) ORDINANCES J. 1. Ordinance to AMEND Section 6-116 of the City Code re surfing. (Deferred December 7, 1999) Ordinance to APPROPRIATE $30,800 from the DEA Seized Property Special Revenue Fund to the FY 1999-2000 Operating Budget of the Police Department re purchase of investigative equipment and related software for the Special Investigative Division. Item I. 1.a. will be DEFERRED, BY CONSENT, until January 11, 2000. Item 1.1.d. will be ADOPTED, AS REVISED, BY CONSENT. Item ,I. 1. will be DEFERRED INDEFINITEL Y, BY CONSENT. January 4, 2000 -7- AGENDA RE VIE W SESSION ITEM # 4608 7 K. 1. RECONSIDERATION of an application of LOTUS CREEK ASSOCIATES denied November 23, 1999, for a Variance to Section 5B of the Site Plan Ordinance, Floodplain Regulations, to complete a residential development project on property on Lotus Creek Drive, 270 feet South of Camino Real South, containing portions of a 232.8 acre site (PRINCESS ANNE- DISTRICT 7). Councilman Branch advised he had requested the City Manager to determine if there was any potential need for the City to require wetland mitigation property or something similar. The City Manager advised it appears if Ferrell Parkway is constructed, there will have to be some mitigating measures. It is difficult to determine whether any portion of this site would be the most appropriate place for mitigation. It would be a candidate. Councilman Branch believes the section of this development thatprobably is most questionable would be the Phase III portion of Ferrell Parkway which requires much fill. This item will be discussed during the Formal Session. ITEM # 46088 Ordinance to AMEND Sections 111, 239. 03, 601, 701, 801, 901, 1001, 1501, 1511, 1521 of the City Zoning Ordinance (CZO) re parking garage. (Requested by Councilman William W. Harrison, Jr.) AND, Ordinance to Amend the Comprehensive Plan, ADDING Design Standards for Parking Structures. Council Members Parker and Weeks had concerns, to which Robert Scott - Director of Planning, shall respond in the Formal Session. January 4, 2000 -8- CITY COUNCIL COMMENTS 1:30 P.M. ITEM # 46089 Council Lady Eure referenced her correspondence to the Mayor and Members of City Council relative the letter of December 20, 1999,from Mayor Paul D. Fraim - City of Norfolk to Mr. James D. Fitzsimmons, U.S. Bureau of the Census. Mayor Fraim had suggested the Census Bureau designate the region Hampton Roads, CBSA (Virginia Beach, Norfolk, Chesapeake, Newport News). He believed it imperative the largest, most economically, and culturally substantial cities in this region retain name recognition. The City Manager advised in checking with the Census Bureau, Mayor Fraim's suggestion would not qualify, as only up to three names can be utilized and they must be the most populous cities in the particular geographic area. Therefore, his suggestion would not be acceptable The top three would be Virginia Beach, Norfolk and Chesapeake. As only three names can be utilized it wouM have to be Hampton Roads (Virginia Beach, Norfolk). Council Lady Eure especially was in support of Virginia Beach having its rightful place of being listed first. Mayor Oberndorf advised James Babcock, Hampton Roads Partnership, had presented information to City Council on January 13, 1998, relative the Standard Metropolitan Statistical Area (SMSA). Mr. Babcock referenced the proposal to request the Federal agencies to rename, in the next census, the Standard Metropolitan Statistical Area (SMSA) of Norfolk, Virginia Beach/Newport News to Hampton Roads Metropolitan Statistical Area. The Mayor has not received any negative feedback from City Council; and, therefore does support the name "Hampton Roads". The one positive press received by the City was because Virginia Beach was willing to work "hand-in-hand" with all the cities in the region to make this a reality. She did not think it would be a problem when relative studies are conducted in specific cities to have the City's name utilized. Councilman Jones believes the name, Hampton Roads, to be the least controversial and gives the City an opportunity to be cooperative with the rest of the communities in the area. Council Lady McClanan advised discussion is beneficial. Until the decision is made, the designation is open for discussion. Council Lady McClanan could not imagine any airline in the United States or any other entity using the designation "Hampton Roads" as where the planes are flying. However, this might occur in the future. She advised Delta announced the designation "Virginia Beach" on her last flight. Mayor Oberndorf advised in the Hampton Roads Business Alliance, the City does have to advertise under the name "Hampton Roads" and at the bottom of the ad the individual cities and counties which are apart of the Hampton Roads Region are listed. January 4, 2000 -9- ITEM # 46090 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, January 4, 2000, at 1:40 P.M. Council Members Present: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Absent: None Councilman Harold Heischober RESIGNED effective January 1, 2000. January 4, 2000 - 10- ITEM # 46091 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). Boards and Commissions: Board of Zoning Appeals Community Services Board Francis Land House Board of Governors Minority Business Council Resort Advisory Commission City Council At Large position vacancy PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-heM real property, for discussion in an open meeting which would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.1-344(A)(3). To- Wit: Acquisition/Disposition of Property - Rudee Loop LEGAL MA TTER& Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, where such consultation or briefing in open meetings would adversely affect the negotiating or litigatingposition of the public body and consultation with legal counsel employed or retained by a public body regarding specific matters requiring the provision of legal advice by such counsel pursuant to Section 2.1-344(A)(7). To-Wit: Pending FLSA Lawsuits Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council voted to proceed into CLOSED SESSION. Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None Councilman Harold Heischober RESIGNED effective January 1, 2000. January 4, 2000 -11- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL January 4, 2000 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall BuiMing, on Tuesday, January 4, 2000, at 2:30 P.M. Council Members Present: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Absent: None Councilman Harold Heischober RESIGNED effective January 1, 2000 INVOCATION: Reverend David D. Rieke Avalon Hills 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 not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of January 4, 1999, is hereby made apart of the record. January 4, 2000 Item V-E. - 12- CERTIFICATION OF CLOSED SESSION ITEM it 46092 Upon motion by Councilman Jones, seconded by Councilman Harrison, City Council CERTIFIED THE CLOSED 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 Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. OberndorJS, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None Councilman Harold Heischober RESIGNED effective January 1, 2000 January 4, 2000 CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened pursuant to the affirmative vote recorded in ITEM # 46091 Page 10, provisions of The Virginia Freedom of Information Act; and, into CLOSED SESSION, and in accordance with the WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. Rut~ Hodges S~ith, CMC/AAE City Clerk January4,2000 - 13- Item V-F. 1 MINUTES ITEM ii 46093 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Eure, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of December 14, 1999. Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None Councilman Harold Heischober RESIGNED effective January 1, 2000 January 4, 2000 Item V-G. ADOPT AGENDA FOR FORMAL SESSION - 14- ITEM # 46094 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION January 4, 2000 Item V-H.I.a~ -15- PUBLIC HEARING ITEM # 46095 Mayor Oberndorf DECLARED A PUBLIC HEARING: REAL AND PERSONAL PROPERTY STATE AND LOCAL TAX EXEMPTION BETH SHOLOM TERRACE As this item was being DEFERRED, the speakers registered WAIVED their right to speak. Mayor Oberndorf CLOSED THE PUBLIC HEARING. January 4, 2000 Item V-H.I.b. -16- PUBLIC HEARING ITEM # 46096 Mayor Oberndorf DECLARED A PUBLIC HEARING: REAL AND PERSONAL PROPERTY STATE AND LOCAL TAX EXEMPTION BIZNE T, INC. There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. January 4, 2000 -17- Item V-H.I.c. PUBLIC HEARING ITEM # 46097 Mayor Oberndorf DECLARED A PUBLIC HEARING: REAL AND PERSONAL PROPERTY STATE AND LOCAL TAX EXEMPTION LAST GREAT WATERS, INC. AND GREAT WATERS, INC. The following registered to speak in SUPPORT: L. C. Schroered, Richmond, Virginia, Phone: (804) 320-0380, represented his own Foundation. In the last two years, the major accomplishment has been the support of the Elizabeth River Project (tour, conference and cruises), to enable them to receive their substantial grants to improve the Basin and raise the sunken vessels. Approximately four years ago, the Foundation contributed "seed money" to a study of utilizing the real estate transfer tax for the Virginia Lands Conservation Foundation. The Foundation was given the authority by the Secretary of Natural Resources to form the private sector Foundation (Virginia Oyster Reef Heritage Foundation) Delegate Leo Wardrup, Delegate, advised there are no corporate officers or employees receiving service of value from this particular property and no compensation is paid to any corporate officer. Mr. Schroered is very dedicated to the environment. There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. January 4, 2000 Item V-H.I.d. - 18- PUBLIC HEARING ITEM # 46098 Mayor Oberndorf DECLARED A PUBLIC HEARING: REAL AND PERSONAL PROPERTY STATE AND LOCAL TAX EXEMPTION VIRGINIA BEACH COMMUNITY TRUST EXEMPT FUND There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING January 4, 2000 Item V-I/J -19- RES OL UTIONS/ORD INANCES ITEM # 46099 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council APPROVED IN ONE MOTION, Resolutions la. (DEFERRAL), 1 b., 1 d. (REVISED), 1.e. and Ordinances 1 (DEFERRED) and 2 of the CONSENT AGENDA. Item la was DEFERRED, BY CONSENT, until the City Council Session of January 11, 2000. Item Id. was ADOPTED, AS REVISED. Item J. 1. was DEFERRED INDEFINITEL Y, B Y CONSENT. Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None Councilman Harold Heischober RESIGNED effective January 1, 2000 January 4, 2000 - 20 - Item V-I.l.a. RESOLUTIONS ITEM # 46100 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council DEFERRED, UNTIL CITY COUNCIL SESSION OF JANUARY 11, 2000: Resolution to support legislation designating real and personal property owned by the following benevolent corporation as being exempt from state and local real and personal property taxation: BETH SHOLOM TERRACE Vo ting: 1 O- 0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba $. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None Councilman Harold Heischober RESIGNED effective January 1, 2000 January4, 2000 - 21 - Item V-Ll.b. RESOLUTIONS ITEM # 46101 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: Resolution to support legislation designating real and personal property owned by the following benevolent corporation as being exempt from state and local real and personal property taxation: BIZNET, INC Voting: 10-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None Councilman Harold Heischober RESIGNED effective January 1, 2000 January 4, 2000 5 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 A RESOLUTION SUPPORTING LEGISLATION WHICH WILL DESIGNATE REAL AND PERSONAL PROPERTY OWNED BY BIZNET, INC., AS BEING EXEMPT FROM STATE AND LOCAL REAL AND PERSONAL PROPERTY TAXATION WHEREAS, BizNet, Inc., owns property located in the City of Virginia Beach subject to ad valorem taxation; WHEREAS, BizNet, Inc., has requested the Council of the City of Virginia Beach to adopt a resolution in support of its request that the General Assembly act in accordance with Article X, § 6(a) (6) of the Constitution of Virginia to designate the real and personal property of BizNet, Inc., as being exempt from state and local real and personal property taxation; WHEREAS, BizNet, Inc., owns real property in the City of Virginia Beach with an assessed value of $277,926.00 in tax year 1999-2000, and the taxes on this real property in tax year 1999- 2000 are $3,391.00; WHEREAS, BizNet, Inc., owns no taxable personal property in the City of Virginia Beach; WHEREAS, pursuant to § 30-19.04 (B) of the Code of Virginia, the Council of the City of Virginia Beach has properly advertised and conducted a public hearing prior to the adoption of this resolution, giving all citizens an opportunity to be heard; WHEREAS, the provisions of § 30-19.04(B) of the Code of Virginia have been examined and considered by the Council of the City of Virginia Beach; and WHEREAS, the Council of the City of Virginia Beach is of the opinion that BizNet, Inc., should be designated a benevolent organization within the context of § 6(a) (6) of Article X of the Constitution of Virginia and that real and personal property located in the City of Virginia Beach owned by BizNet, Inc., and 31 32 33 34 35 36 37 38 39 4O 41 42 used by it exclusively for benevolent purposes on a nonprofit basis should be exempt from state and local real and personal property taxation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Council of the City of Virginia Beach supports the enactment of legislation designating BizNet, Inc., as a benevolent organization within the context of § 6(a) (6) of Article X of the Constitution of Virginia and exempting from state and local property taxation all real and personal property owned by BizNet, Inc., that is located within the City of Virginia Beach and used exclusively for benevolent purposes on a nonprofit basis. 43 44 45 46 47 48 Adopted by the Council of the City 4 January Virginia, on the day of CA-7564 ODIN~NONCODE~BizNet.RES 12/23/99 R2 of Virginia Beach, , 2000. APPROVED AS TO LEGAL SUFFICIENCY: Department of 2 - 22 - Item V-I.l.c. RESOLUTIONS ITEM # 46102 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED, AS RE VISED: Resolution to support legislation designating real and personal property owned by the following benevolent corporation as being exempt from state and local real and personal property taxation: LAST GREAT WATERS, INC. Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorj~, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: Reba S. McClanan Council Members Absent: None Councilman Harold Heischober RESIGNED effective January 1, 2000 January 4, 2000 A RESOLUTION SUPPORTING LEGISLATION WHICH WILL DESIGNATE REAL AND PERSONAL PROPERTY OWNED BY THE LAST GREAT WATERS, INC., AS BEING EXEMPT FROM STATE AND LOCAL REAL AND PERSONAL PROPERTY TAXATION 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 WHEREAS, The Last Great Waters, Inc., has requested the Council of the City of Virginia Beach to adopt a resolution in support of its request that the General Assembly act in accordance with Article X, § 6(a) (6) of the Constitution of Virginia to designate the real and personal property of The Last Great Waters, Inc., as being exempt from state and local real and personal property taxation; WHEREAS, The Last Great Waters, Inc., owns personal property in the City of Virginia Beach with an assessed value of $186,400 in 1999, and the taxes on this personal property in tax year 1999 are $2,796.00; WHEREAS, The Last Great Waters, Inc., does not own any taxable real property in the City of Virginia Beach; WHEREAS, pursuant to § 30-19.04 (B) of the Code of Virginia, the Council of the City of Virginia Beach has properly advertised and conducted a public hearing prior to the adoption of this resolution, giving all citizens an opportunity to be heard; WHEREAS, the provisions of § 30-19.04(B) of the Code of Virginia have been examined and considered by the Council of the City of Virginia Beach; and WHEREAS, the Council of the City of Virginia Beach is of the opinion that The Last Great Waters, Inc., should be designated as a benevolent organization within the context of § 6(a) (6) of Article X of the Constitution of Virginia and that real and personal property located in the City of Virginia Beach owned by The Last Great Waters, Inc., and used by it exclusively for benevolent purposes on a nonprofit basis should be exempt from state and local real and personal property taxation. 34 35 36 37 38 39 4O 41 42 43 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Council of the City of Virginia Beach supports the enactment of legislation designating The Last Great Waters, Inc., as a benevolent organization within the context of § 6(a) (6) of Article X of the Constitution of Virginia and exempting from state and local property taxation all real and personal property owned by The Last Great Waters, Inc., that is located within the City of Virginia Beach and used exclusively for benevolent purposes on a nonprofit basis. 44 45 46 47 48 49 Adopted by the Council of the Virginia, on the 4th day of January CA-7566 ORDIN~NONCODE~LAST GREAT WATERS.RES 12~24~99 R3 City of Virginia Beach, , 2000. APPROVED AS TO LEGAL SUFFICIENCY: Department of Law - 23 - Item V-I.l.d. RESOLUTIONS ITEM # 46103 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED, AS REVISED: Resolution to support legislation designating real and personal property owned by the following benevolent corporation as being exempt from state and local real and personal property taxation: VIRGINIA BEA CH COMMUNITY TRUST EXEMPT FUND Voting: 10-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara 3/1. Henley, Louis R. Jones, Reba $. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None Councilman Harold Heischober RESIGNED effective January 1, 2000 January 4, 2000 1 2 3 4 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 A RESOLUTION SUPPORTING LEGISLATION WHICH WILL DESIGNATE REAL AND PERSONAL PROPERTY OWNED BY VIRGINIA BEACH COMMUNITY TRUST EXEMPT FUND, AS BEING EXEMPT FROM STATE AND LOCAL REAL AND PERSONAL PROPERTY TAXATION WHEREAS, Virginia Beach Community Trust Exempt Fund owns property located in the City of Virginia Beach subject to ad valorem taxation; WHEREAS, Virginia Beach Community Trust Exempt Fund has requested the Council of the City of Virginia Beach to adopt a resolution in support of its request that the General Assembly act in accordance with Article X, § 6(a) (6) of the Constitution of Virginia to designate the real and personal property of Virginia Beach Community Trust Exempt Fund as being exempt from state and local real and personal property taxation; WHEREAS, Virginia Beach Community Trust Exempt Fund owns real property in the City of Virginia Beach with an assessed value of $94,856 in tax year 1999-2000, and the taxes on this real property in tax year 1999-2000 are $1,157,24; WHEREAS, Virginia Beach Community Trust Exempt Fund owns no taxable personal property in the City of Virginia Beach; WHEREAS, pursuant to § 30-19.04 (B) of the Code of Virginia, the Council of the City of Virginia Beach has properly advertised and conducted a public hearing prior to the adoption of this resolution, giving all citizens an opportunity to be heard; WHEREAS, the provisions of § 30-19.04(B) of the Code of Virginia have been examined and considered by the Council of the City of Virginia Beach; and WHEREAS, the Council of the City of Virginia Beach is of the opinion that Virginia Beach Community Trust Exempt Fund should be 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 designated a benevolent organization within the context of § 6(a) (6) of Article X of the Constitution of Virginia and that real and personal property located in the City of Virginia Beach owned by Virginia Beach Community Trust Exempt Fund and used by it exclusively for benevolent purposes on a nonprofit basis should be exempt from state and local real and personal property taxation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Council of the City of Virginia Beach supports the enactment of legislation designating Virginia Beach Community Trust Exempt Fund as a benevolent organization within the context of § 6(a) (6) of Article X of the Constitution of Virginia and exempting from state and local property taxation all real and personal property owned by Virginia Beach Community Trust Exempt Fund that is located within the City of Virginia Beach and used exclusively for benevolent purposes on a nonprofit basis. 2. That the Council of the City of Virginia Beach supports an effective date of July 1, 1999, for any legislation designating Virginia Beach Community Trust Exempt Fund as a benevolent organization and exempting it from local property taxes. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of January , 2000. 53 54 55 56 CA-7567 ORDIN~NONCODE~COMMUNITY TRUST FUND.RES 1\04\00 R2 APPROVED AS TO LEGAL SUFFICIENCY: ~epartment of L~ ' %~ 2 - 24 - Item V-I.l.e. RESOLUTIONS ITEM # 46104 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: Resolution to support legislation designating real and personal property owned by the following benevolent corporation as being exempt from state and local real and personal property taxation: BA YCLIFF CIVIC LEA GUE Voting: 10-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None Councilman Harold Heischober RESIGNED effective January 1, 2000 January 4, 2000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 A RESOLUTION SUPPORTING LEGISLATION WHICH WILL DESIGNATE REAL AND PERSONAL PROPERTY OWNED BY BAYCLIFF CIVIC LEAGUE, INC., AS BEING EXEMPT FROM STATE AND LOCAL REAL AND PERSONAL PROPERTY TAXATION WHEREAS, Baycliff Civic League, Inc., owns property located in the City of Virginia Beach subject to ad valorem taxation; WHEREAS, Baycliff Civic League, Inc., has requested the Council of the City of Virginia Beach to adopt a resolution in support of its request that the General Assembly act in accordance with Article X, § 6(a) (6) of the Constitution of Virginia to designate the real and personal property of Baycliff Civic League, Inc., as being exempt from state and local real and personal property taxation; WHEREAS, Baycliff Civic League, Inc., owns real property in the City of Virginia Beach assessed at $101,928 in tax year 1999- 2000; the taxes on this real property in tax year 1999-2000 are $1243.82; WHEREAS, Baycliff Civic League, Inc., owns no tangible personal property in the City of Virginia Beach and, therefore, no personal property taxes have been assessed against or paid by the organization in 1999; WHEREAS, pursuant to § 30-19.04 (B) of the Code of Virginia, the Council of the City of Virginia Beach has properly advertised and conducted a public hearing prior to the adoption of this resolution, giving all citizens an opportunity to be heard; WHEREAS, the provisions of § 30-19.04(B) of the Code of Virginia have been examined and considered by the Council of the City of Virginia Beach; and WHEREAS, the Council of the City of Virginia Beach is of the opinion that Baycliff Civic League, Inc., should be designated a benevolent organization within the context of § 6(a) (6) of Article X of the Constitution of Virginia, and that real and personal property located in the City of Virginia Beach owned by Baycliff Civic League, Inc., and used by it exclusively for benevolent purposes on a nonprofit basis should be exempt from state and local real and personal property taxation. 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Council of the city of Virginia Beach supports the enactment of legislation designating Baycliff civic League, Inc., as a benevolent organization within the context of § 6(a) (6) of Article X of the Constitution of Virginia and exempting from state and local property taxation real and personal property owned by Baycliff Civic League, Inc., that is located within the City of Virginia Beach and used exclusively for benevolent purposes on a nonprofit basis. Adopted by Virginia, on the CA-7509 the Council of the City of Virginia Beach, 4th day of January , 2000. ORDIN \ NONCODE \ BAYCLI FFC IVI CLEAGUE · RES R-2 12-08-99 APPROVED AS TO LEGAL SUFFICIENCY. ' 2 - 25 - Item V-A1. ORDINANCES ITEM # 46105 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council DEFERRED INDEFINITEL Y: Ordinance to AMEND Section 6-116 of the City Code re surfing. 10-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None Councilman Harold Heischober RESIGNED effective January 1, 2000 January4 2000 - 26- Item V-J. 2. ORDINANCES ITEM # 46106 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: Ordinance to APPROPRIATE $30,800 from the DEA Seized Property Special Revenue Fund to the FY 1999-2000 Operating Budget of the Police Department re purchase of investigative equipment and related software for the Special Investigative Division. Voting: 10-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William IV. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None Councilman Harold Heischober RESIGNED effective January 1, 2000 January 4, 2000 1 2 3 4 5 6 7 AN ORDINANCE TO APPROPRIATE $30,800 FROM FUND BALANCE IN THE DEA SEIZED PROPERTY SPECIAL REVENUE FUND TO THE FY 1999-00 OPEP~ATING BUDGET OF THE POLICE DEPARTMENT FOR THE PURCHASE OF INVESTIGATIVE EQUIPMENT AND RELATED SOFTWARE FOR THE SPECIAL INVESTIGATIVE DIVISION 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 WHEREAS, the Police Department's Special Investigative Division is responsible for investigations of narcotics, vice, street gangs, and organized criminal activity in the community; WHEREAS, proceeds from property seized and forfeited as a result of these investigations can be used to purchase equipment that ensures officer safety and allows officers to perform their duties with greater efficiency; and WHEREAS, sufficient funds for the purchase of replacement investigative equipment and related software are available to be appropriated from the fund balance of the DEA Seized Property Special Revenue Fund; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, That funds in the amount of $30,800 are hereby appropriated from the fund balance in the DEA Seized Property Special Revenue Fund to the FY 1999-00 operating budget of the Police Department for the purchase of replacement investigative equipment and related software for the Special Investigative Division. Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th of January , 2000. CA7568 ODIN~NONCODE ~REPLACEMENTHARDWARE. ORD R-2 DECEMBER 23, 1999 APPROVED AS TO CONTENT: Management S~r-viCes APPROVED AS TO LEGAL SUFFICIENCY: City Attorney'~ffice Item V-K. -27- ITEM it 46107 PLANNING 1. LOTUS CREEK ASSOCIATES RECONSIDERATION (DENIED 11/23/99) 2. CITY OF VIRGINIA BEACH AMEND CZO re parking garages January 4, 2000 Item V-K.I. - 28 - PLANNING ITEM # 46108 Al Abiouness, Engineer and General Partner - Lotus Creek Associates,, 4505 Colley Avenue, Phone: 487-7040 Upon motion by Councilman Weeks, seconded by Councilman Harrison, City Council RECONSIDERED AND APPROVED, an application of LO TUS CREEK ASSOCIA TES denied November 23, 1999, for a Variance to Section 5B of the Site Plan Ordinance, Floodplain Regulations, to complete a residential development project on property on Lotus Creek Drive. Ordinance upon application of Lotus Creek Associates, for a Variance to Section 5B of the Site Plan Ordinance, Floodplain Regulations, on certain property located on Lotus Creek Drive, 2 70 feet south of Camino Real South. PRINCESS ANNE - DISTRICT 7. Voting: 5 -4 Council Members Voting Aye: Margaret L. Eure, William W. Harrison, Jr., Reba S. McClanan, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: Linwood O. Branch, III, Barbara M. Henley, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Abstaining: Louis R. Jones Council Members Absent: None Councilman Harold Heischober RESIGNED effective January 1, 2000 Councilman Jones DISCLOSED and ABSTAINED as he has an ownership interest in Resource Bank which exceeds 3% of the asset value of the bank. Resource Bank does have a loan on this specific piece of property. January 4, 2000 MEMO June 9, 2000 TO: James K. Spore FROM: Robert J. Scott SUBJECT: Discussion at June 6, 2000 Council Meeting On June 6, the City Council discussed a letter received from residents of Lagomar in which there are raised a number of issues concerning the filling in the floodplain in the Lotus Creek development adjacent to Lagomar. Specifically, the issues raised either in the letter or in Council discussion are listed below, together with my reply. 1. A question was raised about the matter of noti. fication. Residents of the area have indicated that no sign was ever posted on Atwoodtown Road notifying residents of pending public hearings. Our records show that the applicant did obtain the requisite signs from the city, and properly posted them on the property. However, we cannot say with certainty what happened to them after they were posted, and the residents say they did not see them. Other normal notification measures associated with items on the City Council agenda were utilized, although none of the residents in the area are adjacent property owners. 2. A question was raised about the possibility of wetlands violations on the property. There are definitely wetlands violations on the property. Our inspectors have detected those problems and turned them over to the Corps of Engineers for action. The Corps is dealing with them now. On March 26, 1999, our inspectors placed a stop work order on land clearing activity due in part to our finding that some wetlands had been improperly disturbed. The matter was referred to the Corps of Engineers, who determined that damage to the wetlands had been minimal. Accordingly, when all other matters had been resolved, work was allowed to proceed. In September of 1999, our inspectors once again found unauthorized disturbance to wetlands and again notified the Corps of Engineers, and another stop work order was put in place by the Corps of Engineers on October 8, 1999. On February 18, 2000, an additional stop work order was put in place by the Corps of Engineers, citing unresolved problems related to the unsatisfactory remedial actions taken on the cited problems. This stop work order remains in place today. The Corps of Engineers is the inspecting agency for this work; they report to us that the remedial work is progressing satisfactorily but slowly. All of the violations and actions by regulatory staff mentioned above relate to Phases II and III of the project. The infrastructure in Phase I is complete, and there is some lot cleating being conducted for individual lots, with which there has been no problem. So since February the only activity on the site has been individual lot clearing in Phase I and remedial action related to wetlands violations in Phases II and Ill. 3..4 question was raised about the staff inspection role in this matter. Ideally, staff inspectors should routinely visit their assigned sites, closely monitor activity in the field to assure all work is done in accordance with approved plans, require corrective action where it is not, detect violations where they have occurred, cause work in the field to be stopped where necessary or where remedial action by the developer is in order, and consult with other outside agencies who may also have jurisdiction. My review indicates that is exactly what the inspections staff has done. Contrary to some suggestions, they have not allowed work to progress without adequate review and inspection; in fact work has been stopped on the project by our inspectors and the Corps' inspectors since February. 4. A question was raised about disturbance to graves in the area. On October 22, 1999, our inspections staff discovered that approximately 8 to 10 graves in the Atwood's Family Cemetery were destroyed by unknown parties. Since this act constitutes a possible criminal matter rather than an inspections matter, it was promptly referred to the Police Department for action. Officer T. V. Irving of the First Precinct confiscated most of the damaged tombstones. Sgt. Turner indicates that so far only one family member, who happens to live in Chesapeake, has been located. The Police Department has interviewed witnesses and collected information on this incident. Discussions have been held with the Commonwealth's Attorney concerning the possibility of prosecution. To the best of our ability to determine, the moist recent of the graves dates to 1908, and the oldest to 1879. What took place is a heinous act, but we do not know who did it, or whether the act is connected in any way to the development of the property. In matters like these, suspicions and suppositions are inadequate foundations for action. The Planning Department and the City Attorney's Office are working together with the Police Department in hopes of continuing this investigation and causing the responsible parties to answer for their acts. 5..4 question was raised about whether floodplain variances of the type granted at Lotus Creek shouM be approved. You will recall that on a number of occasions the staff recommended against approval of the filling of the floodplain in this area, because the land was simply too low to be developed without many of the problems that have been recently cited and documented. Staff's recent recommendation for approval was motivated by the finding that substantial work had been done in good faith reliance upon past Council approvals and that fairness seemed to dictate continuation. Some members of Council agreed with the staff's reasoning, and some did not. Regardless, the staff remains of the opinion that land of this type is generally too low to be developed without significant consequences during routine rain events as can be seen here. As future land use decisions are made, we need to be much more restrictive in zoning properties at these elevations. kUG.-04'00(FRI) 17;09 VA BEACH CITY ATTY. TEL:757-426 5687 P. 002 MUNICIPAL CENTER LESLIE L. LILLE¥ BUILDING 1 CITY A"1~OFINI~Y 2401 COURTHOUSI~ DRIVE VIRGINIA BEA~, VA FAX (757) ~D (7~7) 4~-4~ tn Reply Refer To Our File INTO. DF-5219 August 4, 2000 The Honorable Meyera E. Obemdorf, Mayor Members of City Council Municipal Center Virginia Beach, Virginia 23456 Re: Lotus Cr,ek Property Dem' Mayor Obemdorf and Members of Cotmeil: In the recent Report on the History and Stares of the Lotus Creek Property prepared by this office, one of the items we discussed (in Section VII B, entitled "City Approvals") was the approval of construction plans submitted by the developer for the future roadway servicing the yet- undeveloped phases of the project. Specifically, we stated that, inasmuch as the ston~water management pond serving the roadway is located on the property of Hell's Point Golf Course, we would require the owners of Hell's Point to sign the Stormwater Management Facility Maintenance Agreement. We also noted that an agreement had been submitted to the City, but that we declined to approve it in light of the fact that HelI's Point was being sold that day to a new entity which had not signed the agreement. Lotus Creek Associates' attorney has advised us that tho Golf Course property has, in fact, been cold, and that a new Stormwater Management l~acility Maintenance Agreement will be tendered to this office momentarily. At of 4:30 p.m. today, no such agreement has been received by this office. In all likelihood, the agreement could not be reviewed, approved, processed and recorded by the time the Circuit Court Clerks' Office closes today; more likely, the agreement will be recorded on Monday, Proud Recipient of the 1998 U.S. Senate Medallion of Excellence for Productivity and Quality in the tStblic Sector. AUG.-O4'OO(FRI) 17:09 VA BEACH CITY ATTY. TEL:757-4/6-5687 P, OO3 The Honorable Meyera E. Obemdorf, Mayor Members of City Council Lotus Creek Property -2- August 4, 2000 Representatives oF the Army Corps of Engineers and the Department of Environmental Quality have informed both Lotus Creek Associates and the Planning Department that no wetlands permits will be required for the filture roadway construction. Accordingly, once the Stormwater Management Facility Maintenance Agreement has been approved and recorded, the construction plans for the roadway must be approved ,'md released. While the approval of construction plans is not normally the subject cfa special notification to the City Council, we felt that, given the circumstances surrounding the development of Lores Creek, you would appreciate knowing of tho impending plan approval ahead of' time. Please be assured that the Staff ha5 been extremely deliberate in its review of the plans mad associated documents (such as the Stormwater Managemont Facility Maintenance Agreement) and in itt investigation of the wetlands and other ie~ue~, ,'md that it will continue to approach any further development plans for the project with the same degree of cm'e. In a closely related matter, we have just received word from Lotus Creek Associates' attorney that the developer may decline to proceed with the suit in which it seeks to relocate the ha-aves in the Atwood Family Cemetery, If the proceeding is not carried forward to completion (or if it is, but the Court declines to allow the relocation), the cemetery will remain in place. If any of you has any questions or wi~he$ to discuss this matter further, please feel free to call me at 427-8200. Very truly yours, William M. Maeali Deputy City Attorney WMM/ cc: Leslie L. Lilley, City Attorney James K. Spore, City Manager Robert J. Scott, Planning A,UG,-O4'OO(FRI) 17:09 VA BEACH CITY ATTY, TEL:757-426-5687 P, 001 City of Virginia Beach City tutn?¢ nst.? ffic e Date Transmitted: August.4, 2000 Number of pages being sent 3 (Including cover sheet) To: Mayor/Members of Counetl Company/Dept.: Fax Number: From: William M. Macali Co~L~leRt~: If you do not receive all fl~e pages, please contact the City Attorney's Office, (757) 427-4531, as soon as possible and ask for Cathy Buringa. This document is being transmitted from a Mita LDC-680. Our fax number is (757) 426-5687- Tile ire'om]aden ¢on[alr~d In ~lls facsimile m~sage Is fl~orncy prlvllmged and cunfldvnrlal Information intended only for dm usg of thc individual or entity named above- If I.he reader of this me,s,ge i.~ ,at me intended recipient, or fl~e employee or agem responsible m deliver iT to The intended recJpiem, you are hereby no~fied that any di,semi~6nn, distribution Or eopylng et' thls communication is hereby s~rt¢~'ly prohibited. If you r~.-c'~iv;-d this ~ommunieafio- in error, ple~., irm-nediately notify u~ by telephoe~e, and return r'ne original me,salVe T~ U. S~ the ahoy. address via ~c U-S- Po.to1 Original Will Not Follow Original Will Follow Via: Regular Mail Hand Delivery Overnight Delivery Other Item V-K.2. - 29- PLANNING ITEM # 46109 Upon motion by Councilman Harrison, seconded by Vice mayor Sessoms, City Council ADOPTED: Ordinance to AMEND Sections 111, 239.03, 601, 701, 801, 901, 1001, 1501, 1511, 1521 of the City Zoning Ordinance (CZO) re parking garages; and, Ordinance to Amend the Comprehensive Plan, ADDING Design Standards for Parking Structures. Voting: 9-1 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara 34. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: Reba S. McClanan Council Members Absent: None Councilman Harold Heischober RESIGNED effective January 1, 2000 January 4, 2000 2 3 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 3O 31 32 33 34 REQUESTED BY COUNCILMEMBER WILLIAM W. HARRISON, JR. AN ORDINANCE TO AMEND THE CITY ZONING ORDINANCE BY AMENDING THE DEFINITION OF THE TERM "PARKING GARAGE," ADDING A DEFINITION OF ~PARKING STRUCTURE," REQUIRING CONDITIONAL USE PERMITS FOR PARKING STRUCTURES IN THE RT-1, RT-2 AND RT-3 RESORT TOURIST DISTRICTS, AND ESTABLISHING STANDARDS FOR DECISIONS CONCERNING APPLICATIONS FOR CONDITIONAL USE PERMITS FOR PARKING STRUCTURES Sections Amended: §§ 111, 901, 1501, 1511 and 1521 Section Added: § 239.05 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 111, 601, 701, 801, 901, 1001, 1501, 1511, and 1521 of the City Zoning Ordinance, pertaining to parking structures, are hereby amended, and Section 239.05, pertaining to the same, is hereby added, to read as follows: Sec. lll. Definitions. For the purpose of this ordinance, words used in the present tense shall include the future; words used in the singular number include the plural and the plural 'the singular; the use of any gender shall be applicable to all genders; the work "shall" is mandatory; the word "may" is permissive; the word "land" includes only the area described as being above mean sea level; and the word "person" includes an individual, a partnership, association, or corporation. In addition, the following terms shall be defined as herein indicated: · o · Garage, parking. A building or structure, or portion thereof, designed or used for temporary parking of automotive motor vehicles, and consistinq of no more than one (1) parkinq level and 35 36 37 38 39 40 41 Parking structure. A building or structure, or portion thereof, designed or used for temporary parking of motor vehicles and consisting of more than one (1) parking level or containing retail sales establishments and parking at different levels. 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Sec. 239.05. Parking structures. (a) In addition to the general standards set forth in section 220, the City Council shall consider the extent to which the following standards have been met in decidinq applications for conditional use permits: (1) Access to the parking structure is designed so as not to disrupt or obstruct the flow of traffic on adjacent public streets; (2) The parking structure provides adequate ingress and egress to all parkinq spaces, ample clearance, and safe pedestrian access; (3) Safety features such as glass-backed elevators, interior scanning systems and alarm systems have been incorporated to ensure the well being of pedestrians and vehicles; and (4) The architecture, building materials, siqnage and landscaping are of high quality and conform to the Desiqn Standards for Parking Structures adopted as an appendix to the Comprehensive Plan. (b) In addition to the information required by section 221(a), an application for a conditional use permit shall include the following: 63 64 65 (i) A site plan showinq access, parking spaces, traffic control, lighting, drive aisles, elevators, stairwells, pedestrian access features, interior clearance and 66 67 68 69 70 71 72 landscapinq; (2) Building elevations or renderinqs showing architectural stylinq, buildinq materials and colors and signage; and (3) A narrative describinq safety features to be employed. (c) Except as provided in Section 1501(a) (1> (iv>, in districts in which they are allowed by conditional use permit, parkinq structures shall not be allowed as accessory uses. 73 74 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 9O 91 92 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 Commercial parking lots, parking gar- ages, parkinq struc- tures and storage garages B-1 B-lA B-2 B-3 B-3A B-4 X X P P P P 3 93 94 95 96 97 98 99 100 101 102 Sec. 1501. ARTICLE 15. RESORT TOURIST DISTRICTS. Use regulations [RT-1 Resort Tourist District]. (b) Conditional uses and structures: Uses and structures hereinafter specified, subject to compliance with the provisions of part C of article 2 hereof: (3.01) Parking structures. 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 Sec. 1511. Use regulations [RT-2 Resort Tourist District]. (a) Principal uses and structures: For parcels less than fourteen thousand (14,000) square feet in size, any one of the following is allowed; provided, however, that drive-through facilities shall not be permitted as a principal or accessory use: (12) Off-site parking facilities, provided the provisions of section 1505 are met, and provided further, that parking structures shall be allowed only as a conditional use; (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: (4.5) Commercial parking lots, parking garages, parking structures and storage garages; 121 .... 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 Sec. 1521. Use regulations [RT-3 Resort Tourist District]. (a) Principal uses and structures: For parcels less than twenty thousand (20,000) square feet in size, any one of the following is allowed; provided, however, that except as provided in subdivision (5.5) of subsection (c), drive-through facilities shall not be permitted in any portion of the district: (13) Off-site parking facilities, provided the provisions of section 1505 are met, and provided further, that parkinq structures shall be allowed only as a conditional use; (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: · · · (4.5) Commercial parking lots, parking garages, parkinq structures and storage garages; Adopted by the City Council of the City of Virginia Beach, Virginia, on this 4th day of January, 2000. CA-7548 Proposed/45-111etal.ord R-1 November 29, 1999 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO AMEND THE COMPREHENSIVE PLAN BY THE ADDITION OF DESIGN STANDARDS FOR PARKING STRUCTURES Section Amended: Comprehensive Plan Appendix to BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Comprehensive Plan of the City of Virginia Beach be, and hereby is, amended and reordained by the addition of Design Standards for Parking Structures to the Appendix to the. A true copy of the said Design Standards for Parking Structures is hereto attached and is hereby incorporated into the Comprehensive Plan. 14 15 Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day of January, 2000. 16 17 18 19 2O CA-99-7471 wmm\ordres \compplan. ord R-2 October 22, 1999 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE TO AMEND THE COMPREHENSIVE PLAN BY THE ADDITION OF DESIGN STANDARDS FOR PARKING STRUCTURES Section Amended: Comprehensive Plan Appendix to BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Comprehensive Plan of the City of Virginia Beach be, and hereby is, amended and reordained by the addition of "Design Standards for Parking Structures" to the Appendix to the Comprehensive Plan. A true copy of the said "Design Standards for Parking Structures" is hereto attached and is hereby incorporated into the Comprehensive Plan. 15 16 Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day of January, 2000. 17 18 19 20 CA-99-7491 wmm~ordres~compplan.com R-2 October 22, 1999 Item V-L. 1. - 30- APPOINTMENTS ITEM # 46110 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: COMMUNITY SER VICES BOARD (CSB) FRANCIS LAND HOUSE BOARD OF GOVERNORS MINORITY BUSINESS CO UNCIL January 4, 2000 - 31 - Item V-L.2. APPOINTMENTS ITEM # 46111 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: Joan Wright 5- Year Term 1/1/2000 - 12/31/2004 BOARD OF ZONING APPE~S (BZA) Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba $. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. $essoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None Councilman Harold Heischober RESIGNED effective January 1, 2000 January 4, 2000 - 32- Item V-L. 3. APPOINTMENTS ITEM # 46112 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: Sylvia Strickland-Primm Unexpired term thru 12/31/2001 RESORT ADVISORY COMMISSION (R/IC) Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William ~. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None Councilman Harold Heischober RESIGNED effective January 1, 2000 January 4, 2000 Item V-M. - 33 - CITY COUNCIL COMMENTS ITEM # 46113 Mayor Oberndorf advised the City Council wished two weeks to reflect concerning the appointment to fill the At-Large vacancy of Council Member Harold Heischober (Resigned effective January 1, 2000). Applications and resumes will be accepted by the Mayor's office.. ITEM # 46114 Council Lady Henley referenced the Community Conversations scheduled Saturday, January 22, 2000, 8:30 A.M. at Salem Middle School. The City Manager had forwarded a potential list of attendees. Council Lady Henley inquired relative the process and the method utilized to capture information from the citizens. Council Lady Henley was concerned that an accurate reflection is not being derived from the feelings of the residents concerning the City Council's goals and accomplishments. Through previous Community Conversations, City Council believed they were following the citizens' direction but later learned of their dislike of specific projects. She wished an opportunity for real 'feedback". The City Manager advised the methodology has not been decided and welcomed City Council's suggestions concerning the format. The agenda is still being compiled and the staff wishes to conduct the Conversations in a different manner from previous years. The City Manager requested City Council advise of additional citizens whom they wish invited. Council Lady Parker inquired if the current budget would be encompassed within these Community Conversations. Council Lady Parker believes the City Council needs to hear the citizens' concerns on day- to-day issues. The City Manager advised the citizens will be requested to discuss the type of City they wish to see 30years in the future. The citizens need to think about and share the long term interest of the City. The day-to-day issues could be encompassed; however, as there are many public meetings on the budget. The citizens have ample opportunity to discuss individual revenues and expenditures. The staff wished to focus the limited time on the future of the City and if the City Council is going in the right direction - - the direction the citizens wish. Council Lady McClanan advised she finds many of the names on the list of invitees identifiable with certain projects in the City. Council Lady McClanan questioned the timing of the Community Conversations, as this was scheduled just before the candidate deadline for filing for election to City Council. There should be more definitive goals. Council Lady McClanan was not certain how all the citizens attending in this three hour period could bring the City Council totally up-to-date. The City Manager will present information relative the COMMUNITY CONVERSATION Agenda during the City Council Session of January 11, 2000. Mayor Oberndorf advised the participants are fairly positive individuals. Mayor Oberndorf believed the City Council wishes individuals to attend who will advise City Council relative their securities i.e. low tax rate, safe city, education, present existence of the City or returning the City to the status-quo as it existed in its early years. Mayor Oberndorf referenced a conversation with a lobbyist who stated the only way for negotiations to work is for both sides coming into a meeting have something to gain. If one side comes in strictly to obstruct, it is very unlikely a middle ground will be determined. The fact is the City Council is trying to include more individuals to voice their concerns. Mayor Oberndorf advised the VIRGINIA BEACH SUN had a magnificant front page article relative the City's increased bond rating by Moody's. Councilman Branch believes the big issue is open spaces and funding. At various times proposals have been heard to make parks out of 31st Street, the Pembroke Area; issues of by-right development in Little Neck; the Bayside Planning District; and, infill development in various localities. These issues are not going to cease. The only remedy the government has is to purchase the property. This has been done very effectively in the southern portion of the City. The residents need to be questioned as to their willingness to pay for these remedies. Council Lady Henley advised one of the best projects completed and at the top of the "wish list" of the people in this area and North Landing Road was the stop light at Princess Anne Road at the Municipal Center. January 4, 2000 - 34- Item V-M. CITY COUNCIL COMMENTS ITEM # 46114 (Continued) Council Lady Eure expressed concern relative citizens stating the "City kills all the trees ". This City has the best landscaping ordinance in the Commonwealth. 2, 000 trees are planted per year. The Tree City Award has been received four years in a row. No development is allowed which destroys trees that are not replenished. The size of the trees are even designated. Mayor Oberndorf requested a list of the positive City accomplishments be assembled and request the citizens to advise their opinions. January 4, 2000 - 35- ITEM # 46115 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose: PUBLICLY-HELD PROPERTY: Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly-heM real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.1- 344(A)(3). Acquisition/Disposition of Property - Rudee Loop Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council voted to proceed into CLOSED SESSION 0:37 P.M.) Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William ~ Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None Councilman Harold Heischober RESIGNED effective January 1, 2000 January4, 2000 CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 46115 Page 35, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to thc best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ~ Hodges Si~ith, ~MC/AAE City Clerk January 4, 2000 -36- ITEM # 46116 Mayor Meyera E. Oberndorf RECONVENED the FORM,IL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, January 4, 2000, at 5.'13 P.M. Council Members Present: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: Vice Mayor William D. Sessoms, Jr. and A. 34. "Don" Weeks Councilman Harold Heischober RESIGNED effective January 1, 2000 January4, 2000 CER TIFICA TION OF CLOSED SESSION -37- ITEM # 46117 Upon motion by Council Lady Eure, seconded by Councilman Branch, City Council CERTIFIED THE CLOSED 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 Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 8-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara 3/1. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Councilman Harold Heischober RESIGNED effective January 1, 2000 January 4, 2000 - 38- Item V-O. ADJOURNMENT ITEM # 46118 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 5:15 P.M. Chief Deputy City Clerk City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia danuary 4, 2000