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Home My WebLink AboutFEBRUARY 1, 2000 MINUTESCity CITY COUNCIL 31AYOR MEYERA E. OBERNDORF, Ar-La~e 17CE MAY¢)R ffILLL4M D. SESSOMS, JR., At-~rge JOtlN A. BAUM, .4t-~rge LINqVO()l) 0. B~-LVCII. IH, Dismcl &Bt'ach 3L.IR{i. IRET L EURE, l)~strwt l-Ccntcrvdh' WILLL~31 IU ILd~ISON, JR., Distrwt 5-Lvnnbaven B.'I~A~t M. ttENLEY, District 7 -Pnncess Anne LOUIS R. ffON~S, District 4-B4vsUtc REBA S. 31cC~dNLdN, D~m'wt 3.Rose Itall ,NL~.VCY K. P,4~ER, At-~rge A.M. (DON~ ff~EKS, Dim kt 2-Kcmp~'ille JA.IIES K. SPORE. Ci(v ,Hanagc~ LESLIE L. LILLEY. Cio' Auorncv R t rTfl H( }DGES.S,I ! ITft, Ci(v (3c~k of Virginia Beach 'COMMUNIIY POH A LII-b IIMb" CITY COUNCIL AGENDA CITY llAI.L Ill.'JI.IIlN(; 1 2401 C{ )l 'RTl I( ~l ~.';E I )bt I t 'E VII,3;INIA BEACIL VlbtGINIA 23456-~ffL; I'II(}NE: (757),127-4,104 (Z;T} 426-fi66'~ February 1, 2000 CITY MANAGER'S BRIEFINGS - Conference Room - 11:00 AM ho Bo FLOODPLAIN REGULATIONS Robert J. Scott, Director, Department of Planning TOWN CENTER DEVELOPMENT DOCUMENTS Les L. Lilley, City Attorney II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - 1:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf 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. Obemdorf B. INVOCATION: Reverend Ted E. Davis Baylake United Methodist 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 INFORMAL & FORMAL SESSIONS SPECIAL SESSION January 11, 2000 January 12, 2000 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. PRESENTATION MAYOR'S CUP - Norfolk Lighted Boat Parade G. Ronald Kulman, Marketing Director, Convention & Visitor Development Downtown Norfolk Council I. ORDINANCES Ordinance to authorize the acquisition, either by agreement or condemnation, of water mains, pipes, related facilities and all other assets of the INDIAN RIVER WATER COMPANY (CENTERVILLE - DISTRICT 1). Ordinance to APPROPRIATE $102,600 from the General Fund to the Kempsville Volunteer Rescue Squad re an interest-free loan for purchase of a replacement support truck. , Ordinance to ACCEPT and APPROPRIATE a $70,139 Grant from the Virginia Department of Criminal Justice Services to the FY 2000 Operating Budget of the Department of Police re the Domestic Violence Unit; and, estimated revenue from the Commonwealth of Virginia be increased accordingly. Ordinances to ACCEPT and APPROPRIATE Grants from the Virginia Department of Environmental Quality to the FY 1999-2000 Operating Budget of the Department of Museums and Cultural Arts; and, estimated revenues from the state government be increased accordingly: a. $30,008 re maintaining a statewide stranding network and data base. $25,500 re developing an educational curriculum and support materials addressing protected marine animal species in state waters. o Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Atlantic Avenue by Brian C. and Melinda F. Large re a decorative wood fence and landscaping at 4700 Myrtle Avenue (LYNNHAVEN - DISTRICT 5) 6. REFUNDS: a. License: $ 36,336.94 b. Tax: $ 2,240.48 PLANNING [These items were advertised for the Formal Session 25 January 2000 and carried forward due to record snow storm canceling that session] PLANNING BY CONSENT - To be determined during the'Agenda Review Session. NO ACTION ITEM - Applicant requested deferral until 2/9/2000 ao Application of HAMPTON ROADS FUND-RAISING FOUNDATION, INC., for a Conditional Use Permit for an indoor recreational facility (multi-recreational, meeting and bingo hall) on the East side of South Military Highway, North of Providence Road (964 South Military Highway), containing 2.96 acres (CENTERVILLE - DISTRICT 1). RECONSIDERATION and MODIFICATION OF PROFFERS placed on the July 1, 1997, approved application of LEE and DENISE BARNES for a Change of Zoning from R-10 Residential to Conditional B-2 Business for Joseph Overholt, Trustee - Overholt Trust, at 1629 Salem Road, containing 1.02 acres of the original 15 acre commercial site (CENTERVILLE - DISTRICT 1). Deferred Indefinitely: Staff Recommendation: Planning Comm. Recommendation: November 9, 1999 DENIAL APPROVAL Petition of OLYMPIA BENDIX L.L.C., c/o Olympia Development Corporation for the discontinuance, closure and abandonment of a portion of Bendix Road beginning at a point 434.89 feet South of Bonney Road and running iii a Southerly direction a distance of 464 feet more or less along the Western property line, 484 feet more or less alodg the Eastern property line, containing 14,301 square feet. (ROSE HALL - DISTRICT 3) Staff Recommendation: Plan. Comm. Recommendation: INDEFINITE DEFERRAL APPROVAL Applications of ROBERT STEINHILBER and HERBERT A. CULPEPPER at the Southwest intersection of Blackwater Road and Blackwater Loop, containing 320 acres (PRINCESS ANNE - DISTRICT 7). a° Variance to Section 4.2(m)(1) of the Subdivision Ordinance which requires a minimum 30-foot pavement width for the proposed cul-de-sac re a proposed 26-foot pavement width and swales in lieu of curb and gutter to route stormwater runoff. b. Conditional Use Permit for an alternative residential development Deferred Indefinitely: Staff and Planning Commission Recommendation: December 14, 1999 DENIAL o Application of GREG N. WINQUIST for a Conditional Use Permit for an automobile repair establishment and car wash at the Southwest comer of Virginia Beach Boulevard and Opal Avenue (4981 Virginia Beach Boulevard), containing 1.291 acres (KEMPSVILLE - DISTRICT 2). Recommendation: APPROVAL Application of TRIANGLE RENT-A-CAR, INC., for a Conditional Use Permit for motor vehicle rentals at the Northeast comer of Newtown Road and Baker Road (604 Newtown Road), containing 36,010 square feet (KEMPSVILLE - DISTRICT 2). Recommendation: APPROVAL Application of KEMPSVILLE CHURCH OF GOD for a Conditional Use Permit for a church expansion on the East side of Princess Anne Road, South of Providence Road (4422 Princess Anne Road), containing 4.9147 acres (KEMPSVILLE - DISTRICT 2). Recommendation: APPROVAL o Application of the CITY OF VIRGINIA BEACH PUBLIC SCHOOLS for a Conditional Use Permit for a communication tower at the Northwest comer of North Witchduck Road and Cleveland Street (233 North Witchduck Road), containing 27.2 acres (KEMPSVILLE - DISTRICT 2). Recommendation: APPROVAL 10. Application of STEPHEN B. BALLARD for a Change of Zoning District Classification from Conditional I-2 Heavy Industrial District to Conditional I-2 Heavy Industrial District with modified proffers on the North side of Shipps Comer Road beginning at a point 100 feet more or less West of London Bridge Road, containing 14.75 acres (PRINCESS ANNE - DISTRICT 7). Recommendation: APPROVAL Application of 3 MAC ASSOCIATES, L.C., for a Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-20 Residential District on the East side of Seaboard Road at the intersection with Bemadotte Street, containing 19.1 acres more or less (PRINCESS ANNE - DISTRICT 7). Recommendation: APPROVAL APPOINTMENTS COMMUNITY SERVICES BOARD (CSB) FRANCIS LAND HOUSE BOARD OF GOVERNORS HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION VIRGINIA BEACH CRIME TASK FORCE WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS PROPOSED FY 2000-2001 RESOURCE MANAGEMENT PLAN SCHEDULE DATE EVENT LOCATION TOPIC Tuesday, March 28 - Presentation of the FY 2000 Council Chamber City Manger's Proposed Resource 6:00 PM -2001 Resource Mgmt. Plan Management Plan Tuesday, April 4 Council Workshop Council Conference Room Economic Vitality, Safe Community, 10:00 AM - Noon & Policy and Decision Support Tuesday, April 11 Council Workshop Council Conference Room Quality Education for Lifelong 10:00 AM - Noon Learning Thursday, April 13 Public Hearing To be announced Public comment on Proposed FY 7:00 PM - 9:30 PM 2000-2001 Resource Mgmt. Plan Tuesday, April 18 Council Workshop Council Conference Room Quality Physical Environment & 10:00 AM - Noon Operational Support Tuesday, April 25 Council Workshop Council Conference Room Cultural and Recreational 2:00 PM - 4:00 PM Opportunities & Family and Youth Opportunities Tuesday, April 25- 6:00 PM Public Hearing Council Chamber Public Comment Thursday, May 4 Council Workshop Council Conference Room Reconciliation of outstanding 10:00 AM - Noon resource issues Tuesday, May 9 - 2:00 PM Adoption of FY 2000-2001 Council Chamber Resource Mgmt. Plan N. 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 £or the Deaf) 01/20/00B AP AGENDA\0~.-~-00 www.virginia-beach.va, us MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia February 1, 2000 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFINGS re FLOODPLAIN REGULATIONS in the Council Conference Room, City Hall Building, on Tuesday, February 1, 2000, at l l :OO A.M. Council Members Present: dohn A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W Harrison, dr., Barbara M. Henley, Louis R. done& Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Absent: Vice Mayor William D. Sessoms, Jr. [ENTERED: 11:20 A.M.] -2- COMMENTS OF THE M~4 YOR ITEM # 46167 Mayor Oberndorf extended congratulations to the City Manager, James K. Spore, and his entireprofessional staff for the City of Virginia Beach being cited as one of three third-place winners in the Best Managed Cities category of the Government Performance Project. Financial Management Human Resources Information Technology Capital Management Managing for Results B B A- B The City's average Grade: B+. ITEM # 46168 Mayor Oberndorf announced and congratulated the City as winning First Place in the Senate's Award for Creativity, Quality and Productivity. Mayor Oberndorf advised receipt of the American Flag as a gift from both Senators Warner and Robb in recognition of this award. February 1, 2000 -3- CITY M/INA GER 'S BRIEFING FLOODPLAIN REGULATIONS 11:00 A.M. ITEM It 46169 Robert J. Scott, Director of Planning, advised John Herzke, Mark Johnson and Clay Bernick contributed to the formulation of the report re FLOODPLAIN REGULATIONS. Clay Bernick; however, due to the death of his father, was unable to attend. Mr. Scott outlined some of the observations relative Floodplain Regulations. Mr. Scott identified the preferred approach in dealing with the issues. Mr. Scott displayed a map of the City delineating in "blue" the lO0-year floodplain. Mr. Scott wished to specifically emphasize the Southern ~Vatershed, which the City Council has designated as areas subject to special restrictions. This area is flat. City Council adopted special restrictions regarding the treatment of floodplains in this area. The City does not have a well articulated approach as expressed in policies and ordinances; although, as indicated since 1995, Mr. Scott has noticed City Council expressing increasing areas of concern relative these issues. This gap needs be closed between the articulation of City Council in its dialogue and the lack of articulation in its policy. The City Staff has taken an increasing stricter approach to the administration of the existing floodplain ordinances. A plan reviewed today wouM not have been treated exactly as a plan reviewed two years ago. The issue of stormwater management in a coastal city as low and flat as Virginia Beach will always be an issue; however, the Staff must do its very best to deal with this issue from all points of view. The results of failing to administer these ordinances or policies properly can be devastating and intolerable from a variety of points of view. If the City Staff and the City Council are too restrictive or unduly restrictive, this couM be interpreted as unnecessary curtailment of property rights. However, results of not being stringent enough is also devastating to those who are relying on some reasonably effective City policy to protect their properties. It is not true that all flooding problems are floodplain related. There are stormwater problems which result for improperly maintained drainage ways or outfalls or poorly designed elements upstream. Property owners may suffer negative results from this even if the floodplain is properly managed. The City cannot engineer its way out of all problems. The systems do not behave exactly the way the engineers design them. The systems do not always work out quite as intended nor stay that way even if properly installed. The floodplain is a dynamic system and changes slightly with every storm of any significance. Discussion relative filling in the floodplain refers to attempts to stabilize essentially what is a dynamic situation and the City must be aware of these ramifications. There are water quality issues involved. A 50-foot buffer is required in the Southern Watershed adjacent to those streams for the purpose of water quality protection. Some of the worse soils in the City are in the lower areas. These soil conditions hamper the natural system's ability to deal with these waters. Mr. Scott advised there are two basic methods to deal with these floodplain areas: Stay our of the Floodplain Conduct activities within the Floodplain; but devise an engineering solution or mitigating circumstances, which would compensate for being in this area. Mr. Scott referenced a conservation approach. In certain areas of municipal management, there is a need to be conservative certainly in the fiscal management. The water supply plan is an area which must be conservative in nature. The consequences being wrong are intolerable. Accordingly, our decision making processes must be shaped by philosophy of conservatism. Mr. Scott suggested in the area of stormwater management and floodplain protection, the City shouM be conservative in its approach to decision making and choices. Conservatism does not mean not taking risks. Conservatism means being careful about the risk being taken and being knowledgeable relative the consequences of the risk. This risk should be taken for only good and valid reasons. In a situation where a property owner is attempting to develop a piece of property that is impacted by the floodplain, there are some necessary objectives to be achieved in the taking of risk i e. avoidance of a "taking" of the parcel, if possible. In some cases allowing development to enter into the floodplain with accompanying mitigating activities may be deemed to be desirable on a "case-to-case" basis. February 1, 2000 -4- CITY MANAGER'S BRIEFING FLOODPLAIN REGULATIONS ITEM # 46169 (Continued) Mr. Scott cited unnecessary objectives in developing a floodplain: attempt to maximize development potential or increase land use intensity. The Comprehensive Plan is an excellent foundation (or authority) point to make determinations. Mr. Scott advised the staff's suggested conservation approach should be: Avoiding activity in the floodplain should be accomplished, when possible. For whatever reason, the City deems it appropriate to take some degree of risk as allowing development within the floodplain, that degree of risk should be minimized. This is a flood storage capacity issue and if the City is filling-in, then that degree of fill should be mitigated in some manner. If there is a reasonable method available to utilize allowable development density by more protective measures like not going into the floodplain, than it should be done. Under conservative approaches, the best solution is not an engineering oriented solution, it is a land use solution. Where appropriate, density regulations, the Comprehensive Plan and land use can and should be used as incentives to not develop in the floodplain. Land use not an engineering approach, is the preferable way to deal with this problem. Mr. Scott suggested bringing together the approaches outlined and the City 's policies relative floodplains, even if this requires an adjustment of the City Code and its administration. Mayor Oberndorf referenced two types of phone calls received: the City allowed building on adjacent property with the raising of the level of the lot and now the stormwater and water which would normally not run uphill is running downhill and flooding their property; and, no one thinks whether it is the concreting over of floodplains or a stormwater backup, the citizen is complaining relative the unclean water coming up their street. Mayor Oberndorf inquired if the conservative approach could be utilized and still know by the engineering, if this would cause hardships to the adjacent established properties. Mr. Scott advised an area wide analysis could be performe& however, the City is not programmed to do this at the present time. This is a major undertaking. Councilman Baum advised the majority of the problems are not floodplain problems. Councilman Baum referenced Lake Placid. The decision should not be a political decision. Council Lady Parker inquired relative a regional study. John Herzke, City Engineer, advised when the Stormwater fund was being established, a consulting firm performed a city-wide stormwater analysis. The floodplain is a dynamic element. At the time Lake Placid was approved, the FEMA maps indicated development in this vicinity was satisfactory. The floodplains have since been changed. Under today 's floodplain maps, certain sections of this development would not have been approved. It would have been an intrusion into the floodplain. The staff has proposed in the addiional storm water master planning in the Capital Improvement Program, which involves portions of the floodplain issues. Mr. Scott advised the property on Princess Anne Road heading back from General Booth Boulevard across the bridge, was filled. This changed the dynamics for those residents upland form the property. Mr. Scott advised this activity was without benefit of permits and approval Action has been taken and the staff will continue to pursue. Mr. Scott will provide information relative this property. Council Lady McClanan referenced the remediation which has gone in to effect at Princess Ann e Plaza where "water used to run through the house "frequently until the city performed the stormwater project. Every project which came in dumped water into the next project adjacent to it. The City needs to do a better job of publicizing its rules Mr. Scott advised it is more effective to deal with these problems before they become problems than try to fix them after the fact. The reality is there is a lot of low property in this area. When it rains very hard for a long period of time as recently, these are the individuals most likely to pick up their telephone and call their Council Member with a drainage problem. There is also the issue of cumulative affect, which could result in a difficult problem. Councilman Branch advised Lake Placid is within his District. In addition to the flatness of the land and the soil types, the City is also susceptible to tidal influences which can really wreak havoc as well on some of these low lying areas. Councilman Branch was pleased a more regional approach is being considered. Councilman Branch inquired if the staff is comfortable with new elevations in the FEMA map and how long will it take to examine the regional approaches so determinations are not made based on one piece of property at a time. February 1, 2000 -5- CITY MANAGER'S BRIEFING FLOODPLAIN REGULATIONS ITEM # 46169 (Continued) Mr. Scott advised the City should never be too comfortable with new elevations, but should examine history and realize the changes. It is a dynamic situation. Elevations have changed. Mr. Herzke advised the stormwater assessment is dependent on land use as different lands develop, propose to develop or change zonings. This has an impact on the runofffactor and the adjoiningfloodplains are also impacted. Council Lady Eure requested Mr. Scott briefly describe what the City is currently requiring reference downstream studies from applicants; and, is staff compiling these (upstream/downstream) stormwater drainage studies to determine how the water flows consistently. Mr. Scott advised the purpose behind these studies is the Staff needs to make sure there is a drainage easement in place and the outfall adequate. These studies are performed by the applicant. Council Lady Henley said the applicant is always going to say he has an engineering solution that is going to work and then the Staff is able to know if it is going to work. Mr. Scott advised the City has a difficult procedure in place. This is not a good role for the City Council, if they have to be placed in a position to pass judgement on someone's technical engineering work. If the system were to be redesigned, there is some issue of judgment, but the better way to utilize this judgment is to ask the Planning Commission and the City Council whether every reasonable method has been used to avoid getting into the floodplain. The staff should make the judgment on whether the engineering aspects are properly designed. Council Lady Henley inquired does the City Council have to approve something on every piece of property and to what extent? Difficulties have been encountered due to the assumption from the property owner that even though his property is lower than the adjoining property, he has the right to the same zoning. What is the reasonable use of the land? Council Lady Henley referenced the comment of Council Lady McClanan at some point maybe the City should consider buying some properties. When does FEMA get into a buyout? Mr. Scott advised the State Code gives directions to the governing bodies relative zoning and provides a set offactors to be examined: impact on roads, natural systems and floodplain protection. Mr. Scott referenced acquisition of open space and floodplain and advised in some places, there is a perfect overlap between the two objectives. There are a few parcels that are very difficult floodplain properties and wouM be ideal pieces of propertyfor open space. The threshold of concern for FEMA is much higher and they are worried about actual structural damage. February 1, 2000 -6- CITY MANA GER 'S BRIEFING TOWN CENTER DEVELOPMENT DOCUMENTS 12:00 NOON ITEM # 46170 City Attorney Les L. Lilley, reviewed the document framework of the Virginia Beach Town Center project with the utilization overheads. Mr. Lilley will forward, in City Council's next package, a detailed outline of the specific provisions o.f each document. The Development Agreement is the central document with several spin off agreements. Document Agreement Parties - Virginia Beach Development Authority and Developer Sets the framework for the entire project General Provisions: Provides for the land acquisition Outlines the phased development (Phase I & Il, and discussion of lII) Provides a process for review and approval of plans Includes an exhibit to the document which provides for new land use controls on development which will serve as "proffers ". Provides for construction of the public infrastructure (streets, utilities and plaza) Sets up a condominium concept for the purchase of the parking garage by the VBDA. Establishes understanding with the developer for the use of TIF funds and the concept of the special tax district to cover operating expenses in the garage. Establishes protective provisions: Parking garage purchase only after completion of building and garage. Land purchase by the VBDA is to be secured by a performance bond. All construction of public features to be secured by payment and performance bonds. Establishes understanding and cooperation with developer to work with independent project manager to be employed by the VBDA. Other "spin-off" documents: Support Agreement: Parties - City and the VBDA General Provisions: Provides the City's support of VBDA financial obligations under the Development Agreement. Condominium Documents: Parties - Developer and VBDA General Provisions: Establishes a condominium concept for Phase I (parking garage, office tower, retail) - Phase II to be addressed similarly. The parking garage unit and percentage interest in common elements are to be purchased by VBDA under the Development Agreement. Provide that the parking unit will be non-assessable by the condo association. February 1, 2000 -7- CITY MANAGER'S BRIEFING TOWN CENTER DEVELOPMENT DOCUMENTS ITEM # 46170 (Continued) Land Use Controls/Development Restrictions: Parties - Developer and VBDA General Provisions and form: Intended to be an Exhibit appended to the Development Agreement Provides for the permitted uses, location, architecture, utility and general site plan~master plan provisions Will serve as the "proffers "for the conditional zoning Any changes to this document in the future will require City Council and Development Authority approval. Option Agreement: Parties - Developer and VBDA General Provisions: Developer to have option to purchase project land (other than Phase I land) from VBDA Cost equals VBDA acquisition cost and holding costs Option purchase is secured by a performance bond to ensure buyout by September 1, 2006. Parking Lease: Parties - VBDA and Developer General Provisions: Provides for lease of up to 10% of spaces for use by tenants of office tower/retail space. Rents flow through VBDA and enter calculation of special tax rate. Stormwater Management Agreement: Parties - Developer and City General Provisions: Provides forpayment by developer of a "tie-in "fee to the existing regional stormwater management facility. The City Manager stressed the Operation and Maintenance funds for the Parking Garage will be coming from the special tax district; therefore, the tenants in the building are going to be indirectly payingfor the Parking Garage. The City Manager advised the TIF area will not have its tax rate raised. Only the special tax district would have the tax rate raised. Some property owners in the TIF area are under the impression that they were going to have a higher tax rate. Council Lady Henley suggested the residents of the TIF area be informed they are not having their tax rate raised because of the Town Center. The City Attorney advised he was not aware anything has been withheld from the public relative the Town Center. Compared to the project in Norfolk, the City's disclosure has been more than exemplary. City Council has had more information provided than on any other public project. All of the concepts and provisions of the Town Center have been discussed with the City Council in public. Town Meetings and the Community Conversations were conducted to provide information relative the Town Center. Patricia Phillips, Director of Finance, referenced the Web Site disclosure. Councilman Jones advised City Council has responded to every civic league who requested attendance and a presentation. February 1, 2000 -8- CITY MANA GER 'S BRIEFING TOWN CENTER DEVELOPMENT DOCUMENTS ITEM # 46170 (Continued) The City Attorney advised this is an "Economic Development Park" and the difference between the other development parks is the parking garage. Councilman Branch advised the Virginia Marine Science Museum is a public-private partnership. The Town Center is private property that is already zoned. The issue is really what type of development do you want in this location. This information should be disseminated. The Mayor advised Norfolk is giving land to the developer. The City 's project is more protective of the General Fund and the taxpayer than Norfolk's project. The City Manager advised Norfolk has not disclosed their documents. Vice Mayor Sessoms said the projects do need to be compared. Virginia Beach presented their plan in a very open fashion. The TIF in Lynnhaven Mall was one of the most creative ways offinancing. It did not have a negative impact on the citizens and did not increase the citizens' real estate tax. Vice Mayor Sessoms suggested the Staff inform the public of the City's public/private partnerships and then communicate information concerning each. Vice Mayor Sessoms cited the Amphitheater, Sportsplex, Airport/Oceana Industrial Park and Corporate Landing as being public/private partnerships. Relative the Town Center, Don Maxwell, Director of Economic Development, has done a television spot with Joel Rubin, which will be shown Sunday, February 6, 2000 andje will also be doing one for cable television consisting of a panel of city officials, tomorrow, Wednesday, February 2, 2000. Mayor Oberndorf referenced her attendance at the U.S. Conference of Mayors and a luncheon honoring the best public/private partnership put into effect in different cities. Mayor Oberndorf brought back a catalogue which explains each of the public/private partnerships. The City Attorney advised the Public Hearing of the Town Center Development and the applications of ARMADA/HOFFLER HOLDING COMPANY for the discontinuance, closure and abandonment of a portion of Cleveland Street and a Change of Zoning District Classification shall be SCHEDULED for the City Council Session of February 8, 2000. City staff is also striving to have all the docutnents ready for consideration. Councilman Jones advised the agreement will be written in a manner in which the City will be protected. He has seen a letter from the Bonding Company committing to $62-MILLION Performance Bonds on this project and a letter which indicates once the development agreement is approved b.y the City Council, the funding will be available. Louis Haddad, CEO- Armada Hoffler Holding Company, advised this public private partnership is different from those mentioned. The developer is taking 100% of the risk in this project. The applicants believe they can create enough additional tax base to justify building a parking garage; and, if wrong, the developer will make up the shortfall. Any expenses incurred in managing or maintaining the garage will be paid by the developer. Councilman Weeks advised hearing the construction price per parking space in the garage is twice the nor~nal amount charged. Mr. Haddad advised this statement is incorrect. A subterranean parking garage was built in Washington, D.C.. for approximately $25,000 a space, and a parking garage in Baltimore will be $15,000 a space. From a hard cost standpoint, the Town Center garage will be a little over $I0,000 a space. The parking garage at the MacArthur Center in Norfolk equated to approximately $11,000 a space. When you add financing costs, design costs, land costs, it can equate to approximately $13,000 a space, which is very much within range. The City Attorney advised some of the additional costs involved have to do with the security provisions in the agreement. The garage will be completed first and will have to be carried for almost a year while the building is constructed. The City Manager advised approximately $69-MILLIONplus over a period of thirty years will be generated for schools and almost an equal amount to the City. The City Attorney referenced his presentation to City Council in CLOSED SESSION and advised that until the City Council is comfortable with all the facts and circumstances surrounding the events disclosed relative the Town Center, they shouM not proceed. Mr. Lilley quoted the City Manager's statement on January 12, 2000: "However, no development agreement to the Town Center project will be authorized by City Council unless and until the Council has received all relevant information and is satisfied that it is appropriate to proceed." February 1, 2000 -9- CITY M.4N.4 GER 'S BRIEFING TOWN CENTER DEVELOPMENT DOCUMENTS ITEM # 46170 (Continued) Mr. Haddad advised they are aware the FBI inquiry concerns the Chesterfieldprojectwhich began in 1992 and ended in 1996. Disputes arose in this timeframe and a settlement is pending the approval of City Council. It is their understanding the FBI is making inquiries into the circumstances surrounding those disputes. Mr. Haddad advised the developer was involved in the Norfolk Marriott and Conference Center and a project in Portsmouth. They have been involved with every City in Hampton Roads in some sort of a public/private partnership.. (2) - Portsmouth, (2) - Norfolk, (2) - Hampton, (1) - l'Vashington, D.C., (1) - in Baltimore; and, (1) - outside of ~ltlanta. These comprise several hundred million dollars worth of projects. The City Manager and his public information staff shall move forward on a very positive time schedule to inform the citizens of the existing public private partnerships and their benefits. February 1, 2000 - lO- AGENDA RE VIEW SESSION 1:03 P.M. ITEM # 461 71 I. 5. Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Atlantic Avenue by Brian C. and Melinda F. Large re a decorative wood fence and landscaping at 4700 Myrtle Avenue (L YNNHA VEN - DISTRICT 5) Councilman Harrison referenced correspondence from the applicant applicant would be unable to attend the City Council Session. This item will be DEFERRED INDEFINITEL Y, BY CONSENT. requesting a DEFERRAL. The ITEM # 46172 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: ORDINANCES 1.2 1.3 1.4 1.5 Ordinance to authorize the acquisition, either by agreement or condemnation, of water mains, pipes, related facilities and all other assets of the INDIAN RIVER WATER COMPANY (CENTER VILLE - DISTRICT O. Ordinance to APPROPRIATE $102,600 from the General Fund to the Kempsville Volunteer Rescue Squad re an interest-free loan for purchase of a replacement support truck. Ordinance to ACCEPT and APPROPRIATE a $70,139 Grant from the Virginia Department of Criminal Justice Services to the FY 2000 Operating Budget of the Department of Police re the Domestic Violence Unit; and, estimated revenue from the Commonwealth of Virginia be increased accordingly. Ordinances to ACCEPT and APPROPRIATE Grants from the Virginia Department of Environmental Quality to the FY 1999- 2000 Operating Budget of the Department of Museums and Cultural Arts; and, estimated revenues from the state government be in creased accordingly: a. $30,008 re maintaining a statewide stranding network and data base. b. $25,500 re developing an educational curriculum and support materials addressing protected marine animal species in state waters. Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Atlantic Avenue by Brian C. and Melinda F. Large re a decorative wood fence and landscaping at 4700 Myrtle Avenue (L YNNHA VEN - DISTRICT 5) L6 REFUNDS: a. License: $ 36,336.94 b. Tax: $ 2,240.48 Item I. 5. will be DEFERRED INDEFINITEL Y, B Y CONSENT. February 1, 2000 - 11 - AGENDA RE VIEW SESSION ITEM (4 46173 J. 2 RECONSIDERATION and MODIFICATION OF PROFFERS placed on the July 1, 1997, approved application of LEE and DENISE BARNES for a Change of Zoning from R-10 Residential to Conditional B-2 Business for Joseph Overholt, Trustee - Overholt Trust, at 1629 Salem Road, containing 1.02 acres of the original 15 acre commercial site (CENTER VILLE - DISTRICT O. Council Lady Eure advised there has been a change in the application and because of this, legally, the City Council may not consider this during the City Council Session of February 1, 2000; however, she wished this item DEFERRED for three weeks. ITEM # 46174 J. 3 Petition of OL YMPIA BENDIXL. L.C., c/o Olympia Development Corporation for the discontinuance, closure and abandonment of a portion of Bendix Road beginning at apoint 434.89feet South of Bonney Road and running in a Southerly direction a distance of 464 feet more or less along the Western property line, 484 feet more or less along the Eastern property line, containing 14,301 square feet. (ROSE HALL - DISTRICT 3) The City Attorney referenced a revised Ordinance which conforms to the agreement. ITEM # 46175 1.4 Applications of ROBERT STEINHILBER and HERBERT A. CULPEPPER at the Southwest intersection of Blackwater Road and Blackwater Loop, containing 320 acres (PRINCESS ANNE- Z>ISrRICT 7). Variance to Section 4.2(m)(1) of the Subdivision Ordinance which requires a minimum 30-foot pavement width for the proposed cul- de-sac re a proposed 26-foot pavement width and swales in lieu of curb and gutter to route stormwater runoff. b. Conditional Use Permit. for an alternative residential development Council Lady Henley advised the applicant is requesting a 30 day DEFFERAL to develop another plan which will adhere closer to the Ordinance. ITEM # 46176 1.6 Application of TRIANGLE RENT-A-CAR, INC., fora Conditional Use Permit for motor vehicle rentals at the Northeast corner of Newtown Road and Baker Road (604 Newtown Road), containing 36, O10 square feet (KEMPSVILLE - DISTRICT 2). Council Lady Eure expressed concern as there would be concrete planters installed for landscaping. This has not been effective. Council Lady Eure would prefer asphalt or concrete to be removed to install appropriate landscaping. It is not acceptable to use planter boxes. This item shall be discussed during the Formal Session concerning revision of Condition 3 relative the planter boxes. February 1, 2000 - 12- AGENDA RE VIEW SESSION ITEM # 46177 10 Application of 3 MAC ASSOCIATES, L.C., for a Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-20 Residential District on the East side of Seaboard Road at the intersection with Bernadotte Street, containing 19.1 acres more or less (PRINCESS ANNE - DISTRICT 7). Council Lady Eure referenced Item 8 of the Proffer Agreement: "If the funds proffered by the Grantors in this paragraph are not used by the Grantee anytime within the next twenty (20) years for the purpose for which they are proffered, then any funds paid and unused may be used by the Grantee for any public purpose." Council Lady Eure inquired if the City wished to tie up funds for that length of time to this specific application. Assistant City Attorney Macali advised the proffers should state the funds are to be utilized for the acquisition of open space within the transition area, which could be done at anytime. The reasons these provisions are contained within the agreement are State law requires the City to designate the purpose for proffered funds, if cash proffers are offered One of the requirements is there has to be a Capital Improvement Program, to which the funds are to be applied. The Open Space acquisition in the transition area is in the Capital Improvement Program. The funds are allowed to be used at any time within 20years in the Transition area. ITEM # 46178 BY CONSENSUS, the following items shall cornpose the PLANNING B Y CONSENT AGENDA. J.2 RECONSIDERATION and MODIFICATION OF PROFFERS placed on the July 1, 1997, approved application of LEE and DENISE BARNES for a Change of Zoning from R-10 Residential to Conditional B-2 Business for Joseph Overholt, Trustee - Overholt Trust, at 1629 Salem Road, containing 1.02 acres of the original 15 acre commercial site (CENTER VILLE - DISTRICT ]). Petition of OL YMPIA BENDIXL.L.C., c/o Olympia Development Corporation for the discontinuance, closure and abandonment of a portion of Bendix Road beginning at a point 434.89feet South of Bonney Road and running in a Southerly direction a distance of 464 feet more or less along the Western property line, 484 feet more or less along the Eastern property line, containing 14,301 square feet. (ROSE HALL - DISTRICT 3) d. 4 Applications of ROBERT STEINHILBER and HERBERT A. CULPEPPER at the Southwest intersection of Blackwater Road and Blackwater Loop, containing 320 acres (PRINCESS ANNE - DISTRICT 7). Variance to Section 4.2(m)(1) of the Subdivision Ordinance which requires a minimum 30-foot pavement width for the proposed cul- de-sac re a proposed 26-foot pavement width and swales in lieu of curb and gutter to route stormwater runoff. b. Conditional Use Permit for an alternative residential development d. 5 Application of GREG N. WINQUIST for a Conditional Use Permit for an automobile repair establishment and car wash at the Southwest corner of Virginia Beach Boulevard and Opal Avenue (4981 Virginia Beach Boulevard), containing 1.291 acres (KEMPSVILLE - DISTRICT 2). d. 7 Application of KEMPSVILLE CHURCH OF GOD for a Conditional Use Permit_for a church expansion on the East side of Princess Anne Road, South of Providence Road (4422 Princess Anne Road), containing 4.9147 acres (KEMPSVILLE- DISTRICT 2). February 1, 2000 - 13- AGENDA RE VIE W SESSION ITEM # 46178 (Continued) d. 8 d. 9 10 Application of the CITY OF VIRGINIA BEACH PUBLIC SCHOOLS for a Conditional Use Permit for a communication tower at the Northwest corner of North Witchduck Road and Cleveland Street (233 North Witchduck Road), containing 27.2 acres (KEMPSVILLE - DISTRICT 2). Application of STEPHEN B. BALLARD for a Change of Zoning District Classification from Conditional 1-2 Heav~ Industrial District to Conditional1-2 Heavy Industrial District with modified proffers on the North side of Shipps Corner Road~beginning at a point 100 feet more or less West of London Bridge Road, containing 1 4. 75 acres (PRINCESS ANNE - DISTRICT 7). Application of 3 MA C ASSOCIATES, L.C., for a Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-20 Residential District on the East side of Seaboard Road at the intersection with Bernadotte Street, containing 19.1 acres more or less (PRINCESS ANNE- DISTRICT 7). Item d. 2. will be DEFERRED, BY CONSENT, until the City Council Session of February 22, 2000. Item d. 3. will be APPROVED, BY CONSENT, WITH REVISED ORDINANCE. Item d. 4. will be DEFERRED, BY CONSENT, until the City Council Session of March 14, 2000. ITEM # 46179 Assistant City Attorney Maca[i will review under UNFINISHED BUSINESS the legislation in the General Assembly related to Wetlands Bills. February 1, 2000 - 14- CITY COUNCIL COMMENTS 1:20 P.M. ITEM # 46180 Council Lady Henley referenced the invitation from the Hampton Roads Planning District Commission to attend a Conservation Design Workshop on Thursday, February 24, 2000 This Workshop is schedule from 4.'00 P.M. until 9:00 P.M. at the Hampton Roads Planing District Commission Board Room. This is in relation to the SWAMP study and applies in many areas as rural development and redesign of properties in thejToodplain. The workshop is part of the Southern Watershed Area Management Program (SWAMP) and will explore design techniques to preserve the rural character. Randall Arendt will conduct the workshop. Mr. Arendt is a dynamic lecturer and a leading authority on Conservation Design. He is the principal authority of Rural by Design and author of Conservation Design for Subdivisions and Growing Greener: Putting Conservation in Local Plans and Ordinances. Council Lady Henley hoped all Council Members will take advantage Councilman clones requested the City Clerk distribute the information to City Council. ITEM # 46181 Council Lady Henley referenced the last Agricultural Advisory Commission meeting discussion whether the ARP should continue in Transition Area III. There are still applications for the ARP in Transition Area III. The City Council should take formal action on this item. ITEM # 46182 Council Lady Henley met with representatives of "Citizens Concerned About Jet Noise" and found them to be a cordial and concerned group of individuals, who would just prefer to have some dialogue relative issues that are important and the City Council might assist. Council Lady Henley distributed a copy of their Agenda for "A Quieter and Safer Community" Said information is hereby made a part of the record. Councilman Branch suggested a member of Staff accompany the Council Members. Councilman Harrison advised attending a Public Meeting with the community leaders at Oceana last week. Citizens are being invited to these meetings to confer with the leadership at Oceana The snow has impacted current flight operations. Therefore, this week there have been heavy flight operations to make up for lost time. There is a need for dialogue. There are quarterly leadership meetings conducted by Commander Zobel The City Council should facilitate the meetings between the Citizens Concerned About Jet Noise and the representatives of Oceana. Council Members Eure and Parker also had meetings with these citizens, so apparently it is going to be one-on-one. Vice Mayor Sessoms referenced seeking approval and funding for a second Aircraft Acoustical Enclosure (Hush House). Vice Mayor Sessoms and Councilman Harrison advised the Hush House is scheduled for groundbreaking in March. February 1, 2000 - 15- ITEM # 46183 Mayor Meyera E. Oberndorf called to order the INFORM~IL SESSION of the VIRGINI/I BE~ICH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, February 1, 2000, at 1.'32 P.M. Council Members Present: John A. Baum, 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 February 1, 2000 -16- ITEM # 46184 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: Community Services Board Francis Land House Board of Governors Health Services Advisory Board Human Rights Commission Southeastern Parkway Task Force Virginia Beach Crime Task Force Wetlands Board PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held 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). Acquisition/Disposition of Property Seaboard Road Area Virginia Beach Boulevard Surplus Property 30t~ Street Right-of- Way LEGAL MATTERS: 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 litigating position 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). Pending FLSA Lawsuits Harris v. City of Virginia Beach, et al Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council voted to proceed into CLOSED SESSION. Voting: 11- 0 Council Members Voting Aye: John A. Baum, 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 February 1, 2000 -17- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL February 1, 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 Building, on Tuesday, February 1, 2000, at 2.'00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, IIL 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 INVOCATION: Reverend Ted E. David Baylake United Methodist 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, 2000, is hereby made a part of the record. February 1, 2000 Item V-E. - 18- CER TIFICA TION 0 F CLOSED SESSION ITEM # 46185 Upon motion by Vice Mayor Sessoms, 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: ! I-O Council Members Voting Aye: John A. Baum, 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 February 1, 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 # 46184, Page 16, 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 l~y 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. City Clerk February 1, 2000 - 19- Item V-F. 1/2 MINUTES ITEM # 46186 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED the Minutes of the INFORMAL AND FORMAl, SESSIONS of January 11, 2000, and the SPECIAL SESSION of January 12, 2000. Due to a record snow storm, the January 25, 2000, Informal and Formal Sessions of City Council were cancelled. This agenda and minutes include those items previously scheduled for that agenda as well as this Orle. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, IIL 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 February 1, 2000 Item V-G. - 20 - ADOPT A GENDA FOR FORMAL SESSION ITEM # 4618 7 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION February i, 2000 - 21 - Item V-H. 1. PRESENTATION ITEM (4 46188 Ron Kuhlman, Marketing Director- Convention and Visitor Development, introduced representatives of the Downtown Norfolk Council to present the Mayor's Cup - Norfolk Lighted Boat Parade to the City of Virginia Beach.. This is the fifih year the City of Virginia Beach has participated in this parade and the second year in a row, the City has won the Cup. Mr. Kuhlman recognized dames K. Spore, the City Manager, and his wife, doan, for representing the Mayor on the Virginia Beach boat, also dim Ricketts, his wife, dean, and Sara Hensley, Director of Parks and Recreation, and the staff of Convention and Visitor Development who participated in the effort. Mr. Kuhlman expressed appreciation to Lorraine Dunn who coordinated the event, Skip Feller and his wife Leslie as well as the entire crew of the "Rainbow ". The boat was decorated with the theme: "V~hen you fish upon a star ". Mr. Kuhlman further lauded Jim and Brenda Scully of Beach Events, Danielle Batdorf, Bobby Melotti and Glen Major of Cellar Door. Christen Webb -Director of Special Events and Mark Reed, Director of Public Relations - Downtown Norfolk Council, made the official presentation to Mayor Oberndorf of the Mayor's Cup - Norfolk Lighted Boat Parade. February 1, 2000 - 22 ~ Item V-H. 1. PRESENTATION ITEM # 46188 Mayor Oberndorf recognized: His Worship Peter Ellis Justice of the Peace Lincolnshire, England Judge Ellis extended greetings from England, the County of Lincolnshire and the Greenwich Meridian. He appreciated the very kind welcome in October and was very touched by his gift. Virginia Beach still displays the traditions of southern hospitality. He wished to present something which would symbolize the times we live in, the shared history, the links between his County and this great City. Judge Ellis presented the City three coins, one coin from each of the three Millenium: 233 - 268 Gallienus (Roman) 1582 - 1600 Elizabeth I 2000 Elizabeth H Judge Ellis is developing a simulated courts project encompassing the Courts of England to bring this experience to the students of Virginia. Judge Ellis expressed appreciation to Ruth Hodges Smith - City Clerk , Lana Hughes - School Administration and Winifred Rudell - First Colonial High School for their assistance. Mayor Oberndorf presented a gift from the City and expressed appreciation for Judge Ellis' beautiful comments concerning the City, and extended an invitation for him to visit any time. February I, 2000 - 23 - Item V-I ORDINANCES ITEM # 46189 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED IN ONE MOTION, 1, 2, 3, 4, 5 (DEFERRAL), and 6 of the CONSENT AGENDA. Item 5 was DEFERRED INDEFINITEL Y, B Y CONSENT Voting: 11- 0 Council Members Voting Aye: John A. Baum, 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 February 1, 2000 - 24- Item V-L1. ORDINANCES ITEM # 46190 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize the acquisition, either by agreement or condemnation, of water mains, pipes, related facilities and all other assets of the INDIAN RIVER WATER COMPANY (CENTER VILLE - DISTRICT ]). Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William ~. Harrison, ,Ir., 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 February l, 2000 1 2 3 4 5 6 7 AN ORDINANCE AUTHORIZING THE ACQUISITION EITHER BY AGREEMENT OR CONDEMNATION OF WATER MAINS, PIPES, RELATED FACILITIES, AND ALL OTHER ASSETS OF THE INDIAN RIVER WATER COMPANY LOCATED IN THE CITY OF VIRGINIA BEACH 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 35 WHEREAS, in the opinion of the City Council of Virginia Beach, Virginia, a public necessity exists for the acquisition of water mains, pipes and related facilities for providing water and fire protection service to City residents and for the preservation of the safety, health, peace, good order, comfort, convenience, and welfare of such residents; and WHEREAS, there are sufficient appropriated funds in CIP project 5-081 Sherry Park for the purpose of acquiring the Indian River Water Company. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Council hereby authorizes the acquisition by purchase or condemnation pursuant to Sections 15.2-1901 et seq., 25- 46.1 e~ seq., and 25-233, Code of Virginia of 1950, as amended, of all water mains, pipes, related facilities, and all other assets within the City of Virginia Beach owned and operated by the Indian River Water Company or its successors or assigns(the "Property"), as shown on the plan entitled "WATER SYSTEM - INDIAN RIVER WATER COMPANY, VIRGINIA BEACH, VIRGINIA, APPENDIX A, FIGURE 1," said plan being on file in the Department of Public Utilities, Virginia Beach, Virginia. 2. That, upon approval by the State Corporation Commission, the City Manager is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owner(s) or person(s) having an interest in said Property. 3. That if such offer is refused, the City Attorney is hereby authorized to institute proceedings to condemn said Property. Ado~e~ by the Council of the City of Virginia Beach, Virginia on the ~rsc day of February , 2000. CA-7583 ORDIN\NONCODE\INDIAN RIVER WATER,ORD JANUARY 18x 2000 ~;PROVEEL~AST~OONTENTS~ Public Utilities I l / APPROVED AS TO LEGAL SUFFICIENCY: C~ty A~t~r~ney,-s -Off~c~e INDIAN RIVER WATER CO. PURCHASE · 'IERRY PAI~. CIP 5,081 AREA ~.RVED BY · INDIAN RIVER WATER CO. IN VIRGINIA BEACH - 25 - Item V-I.2. ORDINANCES ITEM # 46191 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to APPROPRIATE $102,600from the General Fund to the Kempsville Volunteer Rescue Squad re an interest-free loan for purchase of a replacement support truck. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, 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 February 1, 2000 1 2 3 4 5 6 AN ORDINANCE TO APPROPRIATE $102,600 OF FUND BALANCE FROM THE GENERAL FUND TO PROVIDE AN INTEREST-FREE LOAN SO THAT THE KEMPSVILLE VOLUNTEER RESCUE SQUAD MAY PURCHASE A REPLACEMENT SUPPORT TRUCK 7 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 WHEREAS, the Kempsville Volunteer Rescue Squad ("Rescue Squad") has determined that it is not feasible to continue to use its current support truck, given its high mileage and reliability problems; WHEREAS, the Rescue Squad does not presently have adequate funds to purchase a replacement truck, but has represented that fund-raising efforts will provide sufficient funds to repay an interest-free loan from the City of Virginia Beach in the amount of $102,600; and WHEREAS, the Rescue Squad has previously received interest- free loans from the City, has repaid such loans on time or ahead of schedule. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That funds in the amount of $102,600 are hereby appropriated from fund balance in the General Fund for the purpose of providing an interest-free loan to the Kempsville Volunteer Rescue Squad so that it may purchase a replacement support truck; 2. That this loan is to be repaid in (10) equal annual installments of $10,260 due on the 15th day of February each year, with the first payment to be made on or before February 15, 2001 and the last payment to be made on or before February 28, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 day of February , 2000. Requires an affirmative vote by a majority of the members of the City Council. 33 34 35 36 CA7584 ORDIN~NONCODE~EMS replacement truck.ord R-4 JANUARY 18, 2000 37 APPROVED AS TO CONTENT APPROVED AS TO LEGAL 38 SUFFICIENCY 40 ' /. /~ity AttorneyG Office (Management Services 41 - 26- Item V-I. 3. ORDINANCES ITEM # 46192 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to ACCEPT an dAPPROPRIA TEa $ 70,139 Grant from the Virginia Department of Criminal Justice Services to the FY 2000 Operating Budget of the Department of Police re the Domestic Violence Unit; and, estimated revenue from the Commonwealth of Virginia be increased accordingly. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, 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. Sessom& Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None February 1, 2000 1 2 3 4 5 6 7 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 ACCEPT AND APPROPRIATE A $70,139 GRANT FROM THE VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES TO THE POLICE DEPARTMENT'S FY 2000 OPERATING BUDGET, WHICH WILL ENABLE THE POLICE DOMESTIC VIOLENCE %INIT TO PROVIDE ENHANCED SERVICES WHEREAS, the Virginia Beach Police Department has been awarded $70,139 from the Virginia Department of Criminal Justice Services, which will enable the Department's domestic violence unit to provide enhanced services; WHEREAS, these grant funds will, in general, help increase awareness and enforcement of domestic violence laws, and specifically will enable the Police Department to fund the salary and fringe benefits of one police officer and a full-time clerical position, along with office equipment and supplies; and WHEREAS, the grant requires an in-kind match of City funds, which permits currently appropriated funds to serve as the match and does not require additional cash from the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That a grant in the amount of $70,139 is hereby accepted from the Virginia Department of Criminal Justice Services and appropriated to the FY 1999-00 Operating Budget of the Police Department for the purpose of enabling the Department's domestic violence unit to provide enhanced services. 2. That estimated revenue from the Commonwealth of Virginia is hereby increased in the amount of $70,139. Adopted b~ the Council of the City of Virginia Beach, Virginia, on the day of February , 2000. CA7582 ORDIN/NONCODE/Domestic Violence Unit.ord R-1 JANUARY 13, 2000 APPROVED AS TO CONTENT: Management ~ervices 3~ APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's 0 -27- Item V-I. 4. ORDINANCES ITEM # 46193 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ,4DOPTED: Ordinances to,4 CCEPT and '4PPROPRI,4 TE Grants from the Virginia Department of Environmental Quality to the FY 1999-2000 Operating Budget of the Department of Museums and Cultural Arts; and, estimated revenues from the state government be increased accordingly: a. $30,008 re maintaining a statewide stranding network and data base. bo $25,500 re developing an educational curriculum and support materials addressing protected marine animal species in state waters Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, 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 February 1, 2000 1 2' 3 4 5 6 7 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $30,008 GRANT FROM THE VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY TO THE DEPARTMENT OF MUSEUMS AND CULTURAL ARTS TO MAINTAIN A STATEWIDE STRAINDING NETWORK AND DATABASE. WHEREAS, the Virginia Department of Environmental Quality, through the Virginia Coastal Resources Management Program, has awarded the Virginia Marine Science Museum a $30,008 grant to maintain a statewide stranding team, maintain a computer database, and provide educational programs on protected marine species; and WHEREAS, this grant requires an "in-kind" match equivalent to $39,750, and resources for this match are currently available in the Marine Science Museum's FY 1999-2000 Operating Budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That a grant in the amount of $ 30,008 is hereby accepted from the Virginia Department of Environmental Quality and appropriated to the FY 1999-2000 Operating Budget of the Department of Museums and Cultural Arts for the purpose Of maintaining a statewide stranding team. 2. That estimated revenue from the state government is hereby increased in the amount of $ 30,008. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 day of February , 2000. CA7588 F:~Data~ATY~Ordin~NONCODE~stranding team. ORD JANUARY 24, 2000 R2 Requires an affirmative vote by a majority of the members of City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY 1 2 3 4 5 6 7 8 9 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $25,500 GRANT PROM THE VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY TO DEPARTMENT OF MUSEUMS AND CULTURAL ARTS TO DEVELOP AN EDUCATIONAL CURRICULUM AND SUPPORT MATERIALS ADDRESSING PROTECTED MARINE ANIMAL SPECIES IN STATE WATERS. 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 37 ~~y, Attorney's WHEREAS, the Virginia Department of Environmental Quality through the Virginia Coastal Resources Management Program, has awarded the Virginia Marine Science Museum a $25,500 grant to develop an educational curriculum to address the issue of protected marine animal species in state waters; and WHEREAS, this grant requires an "in-kind" match equivalent to $25,975, and resources for this match are currently available in the Marine Science Museum's FY 1999-2000 Operating Budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That a grant in the amount of $ 25,500 is hereby accepted from the Virginia Department of Environmental Quality and appropriated to the FY 1999-2000 Operating Budget of the Department of Museums and Cultural Arts for the purpose of developing an educational curriculum and support materials addressing protected marine animal species in state waters. 2. That estimated revenue from the state government is hereby increased in the amount of $ 25,500. Adopted b~ the Council of the City of Virginia Beach, Virginia, on the day of February , 2000. CA7587 F:~Data~ATY~Ordin~NONCODE~protected marine animals.ORD JANUARY 24, 2000 R2 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY - 28 - Item V-I.$. ORDINANCES ITEM # 46194 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED INDE FINITEL Y: Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Atlantic Avenue by Brian C. and Melinda F. Large re a decorative wood fence and landscaping at 4700 Myrtle Avenue (L YNNHA VEN- DISTRICT 5) Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, 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 February 1, 2000 - 29 - Item V-I. 6. ORDINANCES ITEM # 46195 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Co uncilAPPRO VED Refunds: License: $ 36,336.94 Tax: $ 2,240.48 Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, 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 February 1, 2000 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: LICENSE DATE BASE INTEREST TOTAL NAME YEAR PAID ALLIED SAFETY & CONSTRUCTION SUPPLY CHAMPCO INC COMPUTUNE INC COMMONWEALTH TRAVEL CENTER INC CRAFTSMAN SERVICE AGENCY INC CURIOSITIES ROCK SHOP F V WOOLARD FLOORS INC PERRY BRIAN J REALTY OF TIDEWATER INC SPENCER ADDLE L 12/29/99 AUDIT 181.54 0.00 181.54 12/30/99 AUDIT 882.27 98.39 980.66 01/04/00 AUDIT 736.95 62.65 799.60 01/05/00 AUDIT 558.99 56.51 615.50 12/30/99 AUD IT 86.66 14.44 101.10 1999 01/06/00 100.00 0.00 100.00 1999 01 ~06~00 11.28 0.00 11.28 12/31/99 AUDIT 3,422.72 474.14 3,896.86 1999 01/07/00 58.00 0.00 58.00 01/05/00 AUDIT 10.00 0.83 10.83 This ordinance shall be effective from date of adoption. The above abatement(s) totaling City of Virginia Beach on the Ce~i~ed/as tq payp)en~ Philip J."Kell~m Commissioner of the Revenue City Attorney $6,755.37 were approved by the Council of the ]- day of 1~eb~:ua]:¥ ,19 2000 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 YEAR PAID BASE INTEREST TOTAL A & W CONTRACTORS INC 11/29/99 ABYSS INC 12/10/99 ACG ASSOCIATES LTD 11/18/99 ANDERSON ARVIL E 11/23/99 ATLANTIC FOUNDATIONS INC 11/29/99 ATWOOD JEFFREY B 1999 BEACH ENGRAVING SERVICE INC 12/02/99 BEACH ROBO INC 12/07/99 BLESSINGS PLUMBING INC 12/09/99 CAC XVII INC 11/12/99 CAPE HENRY HOSPITALITY GROUP LLC 1999 CARODON INC 12/10/99 CAROLINA CAST STONE CO INC 12/03/99 CHRIS CARLESl MASONRY INC 11/19/99 CHRISTIAN PSYCHOTHERAPY SERVICE 11/29/99 COASTAL INTERIORS INC 11/19/99 COASTAL VIDEO COMMUNICATIONS 11/16/99 COMMUNITY GROUP INC 12/02/99 COMPUTER SUPPLY COMPANY OF VA 12/03/99 CONSULTANT ENGINEERING SERVICE INC 12/02/99 CONTI BARBARA A & EUGENE C 11/16/99 COSTALAS HAROLD 12/10/99 CREST FOOD SERVICE EQUIP CO INC 12/10/99 DALIDA DEMETRIO D JR 11/29/99 DAVENPORT INSULATION OF FREDRICKSBUR( 12/13/99 DILLION STORE CORPORATION 12/10/99 EXECUTRAIN OF EASTERN VA 11/18/99 AUDIT 70.39 12.27 82.66 AUDIT 3,260.44 543.35 3,803.79 AUDIT 524.82 37.94 562.76 AUDIT 761.84 2.40 764.24 AUDIT 534.70 42.47 577.17 11/29/99 226.39 0.00 226.39 AUDIT 210.00 13.99 223.99 AUDIT 27.90 2.54 30.44 AUDIT 47.02 7.83 54.85 AUDIT 80.32 4.68 85.00 11/22/99 77.37 0.00 77.37 AUDIT 19.25 4.11 23.36 AUDIT 215.42 35.01 250.43 AUDIT 127.63 8.39 136.02 AUDIT 95.50 0.86 96.36 AUDIT 22.10 1.59 23.69 AUDIT 2,762.18 184.07 2,946.25 AUDIT 89.91 11.79 101.70 AUDIT 180.67 5.89 186.56 AUDIT 27.85 1.89 29.74 AUDIT 13.97 2.21 16.18 AUDIT 73.28 5.29 78.57 AUDIT 884.08 80.74 964.82 AUDIT 10.00 1.58 11.58 AUDIT 20.00 0.75 20.75 AUDIT 191.52 17.19 208.71 AUDIT 1,369.67 111.73 1,481.40 This ordinance shall be effective from date of adoption, The above abatement(s) totaling City of Virginia Beach on the $13,064.78 were day P h i-I ilY'J. -I~e'lTa-m'" Commissioner of the Revenue '~eslie L. Lilley City Attorney approved by the Council of the of February ,19 2000 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 YEAR PAID BASE INTEREST TOTAL INDUSTRIAL (~OATING SERVICE INC 11/19/99 MID ATLANTIC BOAT STORAGE INC 1999 POTOMAC PERSONNEL SERVICES LP 12/08/99 PROGRESSIVE PERSONNEL CORPORATION 11/19/99 RGSR INC 11/29/99 ROGERS GARY WILLIAM 12/02/99 WEST BEACH CAFI~ INC 1999 AUDIT 312.00 49.38 361.38 11/30/99 10.00 0.00 10.00 AUDIT 4,464.45 334.70 4,799.15 AUDIT 146.77 9.57 156.34 AUDIT 1,982.09 132.09 2,114.18 AUDIT 180.00 0.00 180.00 11/24/99 20.00 0.00 20.00 This ordinance shall be effective from date of adoption. The above abatement(s) totaling City of Virginia Beach on the $7,641.05 were day approved by the of February Certifie(~ as/tp p,/~'n~t: IShillp (J."Kella~"~ Commissioner of the Revenue ~L-'e~li e L.'7[illey City Attorney Council of the 2000 ,19 Ruth Hodges Smith City Clerk FORM NO. C.A. 8 REV. 3/8~ 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 YEAR PAID BASE INTEREST TOTAL BREAKERS RESORT INN INC THE BRITISH EUROPEAN ANTIQUE IMPORTS CASTORANI ROVERT S COX VERONICA J CRAVEN WILLIAM J DAIGLE MICHAEL T DANCERS UNLIMITED INC DEANS DENNIS R MID ATLANTIC INSTITUTE INC PACKAGING CONCEPTS INC RACK ROOM SHOES OF VA LLC TIDEWATER MANAGEMENT GROUP INC URS COMPANY INC VGB CONSTRUCTION INC WEST BEACH CAF~ iNC 12/21/99 AUDIT 515.88 80.81 596.69 12/15/99 AUDIT 0.00 67.68 67.68 12/15/99 AUDIT 36.79 2.76 39.55 12/21/99 AUDIT 70.57 0.00 70.57 12/14/99 AU DIT 116.40 8.73 125.13 12/21/99 AUDIT 20.00 0.00 20.00 11/30/99 AUDIT 111.60 7.99 119.59 12/15/99 AUDIT 10.00 0.00 10.00 12/21/99 AUDIT 63.50 6.88 70.38 1999 12/23/99 540.75 0.00 540.75 1999 12/31/99 10.00 0.00 10.00 12/17/99 AUDIT 6,704.43 312.78 7,017.21 1999 12/14/99 13.19 0.00 13.19 1999 12/29/99 10.00 0.00 10.00 1999 12/23/99 165.00 0.00 165.00 This ordinance shall be effective from date of adoption. The above abatement(s) totaling City of Virginia Beach on the Commissioner of the Revenue -L-'~slie--L. Lilley City Attorney $8,875,74 were approved by the Council of the 1 day of FebruaTy ,19 2000 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: Tax Type Ticket Exoneration Date NAME Year of Tax Number Number Paid Penalty Int. Total Meredith Virginia B 1997 RE(½) 081336-9 EA 12/5/96 Meredith Virginia B 1997 RE(2/2)081336-9 EA 6/5/97 Meredith Virginia B 1998 RE(~) 081923-7 EA 12/5/97 Meredith Virginia B 1998 RE(2/2)081923-7 EA 6/5/98 Meredith Virginia B 1999 RE(~) 082931-4 EA 12/5/98 Meredith Virginia B 1999 RE(2/2)082931-4 EA 6/5/99 Spruill James W 2000 RE(½) 118372-0 EA 11/19/99 Hindle Vincent L & Carla J 2000 RE(½) .056663-0 EA 11/19/99 Harris Thelma Britt 1999 RE(½) 052598-1 1/12/99 21.35 30.23 Harris Thelma Britt 1998 RE(2/2)052025-5 6/26/98 21.35 1.88 Williams Shirley 1997 RE(2/2)051628-9 6/26/98 21.35 24.19 Rush Julia C 2000 RE(½) 107466-0 EA 11/24/99 Neal George W 1993 PP(2/2)2768139 4P18/98 10.00 6.69 Neal George W 1994 PP(2/2)2893225 4/18/98 6.99 3~.30 Neal George W 1991 PP(2/2)2690492 5/11/98 10.00 14.55 Timmons Nancy 2000 DL 06275 11/5/99 Foged Patricia 2000 DL 215051 12/29/99 Crutfield Lyn 1999 DL 22523 4/20/99 Chamberlain Richard A 1996 PP(½) 0389452 11/9/99 6,00 19.68 Lula Wyatt B 1999 Pk ticket 564215 11/17/99 Southern Equity Ltd 1999 Pk ticket 564285 1/26/99 124.53 124.53 124.53 124.53 124.53 124.53 74.18 417.91 238.78 236.73 259.04 39.65 27.59 17.28 44.37 2.00 10.00 10.00 85.77 15.00 15.00 $2,240.48 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 2,240.48 were approved by the Council of the City of Virginia Beach onthe 1 dayof Februar¥r 2000 Ruth Hodges Smith City Clerk Approved as to form: ~eslie L.'?T,illey, City Attorney Item V-J. - 30- ITEM # 46196 PLANNING 1. HAMPTON ROADS FUND-RAISING FOUNDATION, INC. NO ACTION ITEM CONDITIONAL USE PERMIT 2. LEE AND DENISE BARNES RECONSIDERATION AND MODFICA TION OF CONDITIONS(CZO APPR 0 VED - 7/1/97) 3. OLYMPIA BENDIX,, L.L.C. c/o OLYMPIA DEVELOPMENT CORPORATION STREET CLOSURE 4. ROBERT STEINHILBER AND HERBERT A. CULPEPPER VARIANCE AND CONDITIONAL USE PERMIT 5. GREG N. WINQUIST CONDITIONAL USE PERMIT 6. TRIANGLE RENT-A-CAR, INC. CONDITIONAL USE PERMIT 7. KEMPSVILLE CHURCH OF GOD CONDITIONAL USE PERMIT 8. CITY OF VIRGINIA BEACH PUBLIC SCHOOLS CONDITIONAL USE PERMIT 9. STEPHEN B. BALLARD CONDITIONAL CHANGE OF ZONING 10. 3 MA C ASSOCIATES, L. C. CONDITIONAL CHANGE OF ZONING February 1, 2000 -31 - Item V-J. PLANNING ITEM # 46197 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City CounciI APPROVED in ONE MOTION Items 2 (DEFERRED), 3 (REVISED ORDINANCE), 4 (DEFERRED), 5, 7, 8, 9 and 10 of the PLANNING B Y CONSENT. Item 2 was DEFERRED, BY CONSENT, until the City Council Session of February 22, 2000. Item 4 was DEFERRED, BY CONSENT, until the City Council Session of March 14, 2000 Item 3 was APPROVED, BY CONSENT, with REVISED ORDINANCE. Voting: 11-0 (By Consent) Council Members Voting Aye: dohn A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. done& Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None February i, 2000 - 32 - Item V-J. 1. PLANNING ITEM # 46198 City Council took NO ACTION: Application of HAMPTON ROADS FUND-RAISING FOUNDATION, INC., for a Conditional Use Permit for an indoor recreational facility (multi-recreational, meeting and bingo hall.) on the East side o.f South Military Highway, North of Providence Road (964 South Military Highway), containing 2.96 acres (CENTERVILLE- DISTRICT 1). Applicant requested Planning Commission deferral until February 9, 2000. February 1, 2000 - 33 - Item V-J'.Z PL4NNING ITEM # 46199 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED UNTIL CITY COUNCIL MEETING OF FEBRUARY 22, 2000: RECONSIDER/I TION and MODIFIC4 TION OF PROFFERS placed on the July 1, 1997, approved application ofLEE and DENISE B/IRNES for a Chan~e of Zoning_from R-10 Residential to ConditionalB-2 Business_for Joseph Overho[t, Trustee - Overholt Trust, at 1629 Salem Road, containing 1.02 acres of the original 15 acre commercial site (CENTER~TLLE - DISTRICT 1). Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, 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 February I, 2000 Item V-J. 3. - 34 - PLANNING ITEM # 46200 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED, AS CONDITIONED B Y REVISED ORDINANCE, the Petition of OL YMPIA BENDIX L.L.C., c/o Olympia Development Corporation for the discontinuance, closure and abandonment of a portion of Bendix Road: Application of Olympia Bendix LLC, C/O Olympia Development Corporation for the discontinuance, closure and abandonment of a portion of Bendix Road beginning at a point 434. 89feet south of Bonney Road and running in a southerly direction a distance of 464 feet more or less along the western property line and running a distance of 484 feet more or less along the eastern property line. Said parcel is 35.96feet in width and contains 14,301 square feet. DISTRICT3 -ROSE HALL. The following conditions shah be required: The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, "approved by City Council. Copies of the policy are available in the Planning Department. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. The applicant is required to verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. A 30-foot wide utility easement must be dedicated to the City for the 16-inch waterline and appurtenances located within the portion of right-of-way proposed for closure. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If not, the approval will be considered null and void. Voting: 11-0 (By ConsenO Council Members Voting Aye: dohn A. Baum, Linwood O. Branch, III, Margaret L. Eure, William IV. Harrison, dr., Barbara M. Henley, Louis R. done& Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None February 1, 2000 IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS BENDIX ROAD AS SHOWN ON THAT CERTAIN PLAT ENTITLED: "PLAT SHOWING PORTION OF BENDIX ROAD TO BE CLOSED AND VACATED VIRGINIA BEACH, VIRGINIA. WHEREAS, on February 1, 2000, Oly~hpia Bendix LLC, c/o Olympia Development Corporation, applied to the Council of the City of Vil'ginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated, subject to certain conditions having been met on or befotie February 1, 2001; NOW, TItEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed and vacated, subject to certain conditions being met on or before February 1, 2001' All that certain piece or parcel of land located in Virginia Beach, Virginia, designated as "Bendix Road (30' R/W)" and shown on plat entitled "Plat Showing Portion of Bendix Road To Be Closed and Vacated", prepared by Rouse-Sirine Associates, Ltd., Surveyors and Mapping Consultants, dated November 8, 1999, and being more particularly described as follows: Begin at a point in the southern right-of-way line of Bolmey Road at the intersection of the western right-of-way line of Bendix ~oo.a.d,; tl~,ence running along the western right-of-way line of Bendix Road S66 25 48 E, 34.89 feet to a point; thence turning and running S19°48'00"E, 49.89 feet to a point; thence running along a curve to the left having a radius of 3007.88 feet and an arc distance of 150.36 feet to a point; thence running along a curve to the right having a radius of 2995.88 feet and an arc distance of 149.76 feet to a point; thence rt, nning S 19°48'00"E, 99.88 feet to a point; thence turning and running N70°l 1'59"E, 14.80 feet to a point, the True Point of Beginning; thence fi'om said True Point of Beginning running N70°01'16"E, 30.00 feet to a point in the eastern right-of-way of Bg..ndix Road; thence turning and rulming along the eastern right-of-way line of Bendix Road the following two courses; S 19°45'58"E, 26.04 feet to a point; thence turning and running S20°49'42"E, 458.42 feet to a point in the northern right-of-way and limited access line of Interstate Route 264 (formerly Route 44); ther~ce turning and running along the northern right-of-way and limited access line of Interstate Route 264, N76°21'31 "W, 34.70 feet to a point; thence turning and running N85°01'17"W, 1.73 feet to a point in the western right-of-way line of Bendix Road; thence turning and running along the western.right-of-way line of Bendix Road N20°49'42"W, 429.64 feet to a point; thence turning and running N 19°45'58"W, 34.88 feet to a point, the True Point of Beginning. The above described portion of Bendix Road to be closed and vacated contains 0.328 acres. A copy of said plat is attached hereto. GPIN: SECTION II The following conditions must be met on or before February 1,2001: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City has been determined by that certain Purchase Agreement dated November 2, 1999, between the City of Virginia Beach and Olympia Development Corporation to be at a rate of$125,000.00 per acre. 2. The applicant is required to resubdivide the property and vacate lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. GPIN: 3. The applicant is required to verify that no other private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no other private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. A 30 foot wide utility easement must be dedicated to the City for the 16 inch waterline and appurtenances located within the portion of right-of-way proposed for closure. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If not, the approval will be considered null and void. 2001, this Council. SECTION III 1. If the preceding conditions are not fulfilled on or before February 1, Ordinance will be deemed null and void without further action by the City If all conditions are met on or before February 1,2001, the date of final closure is the date the street closure ordinance is recorded by the City Attorney. SECTION IV A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor" and "Grantee"; and OLYMPIA BENDIX LLC as "Grantee." 2 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of ..~'1..6~.x~4..~ , 2000. APPROVED AS TO LEGAL SUFFICIENCY Law Department CA-7585 01/19/00 01/20/00 F:\Data~ATY~Fom~s\Dceds~STCLOSL~WORKING\CA7585.ORD Item V-J. 4. - 35 - PLANNING ITEM # 46201 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED UNTIL CITY COUNCIL MEETING OF MARCH 14, 2000, Ordinance upon Applications of ROBERT STEINHILBER and HERBERT A. CULPEPPER for a Variance to Section 4.2(m)(1) of the Subdivision Ordinance which requires a minimum 30-foot pavement width for the proposed cul-de-sac and a Conditional Use Permit: AND, Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, subdivision for Robert Steinhilber & Herbert A. Culpepper. Property is located at the southwest intersection of Blackwater Road and Blackwater Loop (GPIN #1389-72-5323; #1389- 71-5307; #1399-00-0478) PRINCESS ANNE - DISTRICT 7 ORDINANCE UPON APPLICATION OF ROBERT STEINHILBER & HERBERT A. CULPEPPER FOR A CONDITIONAL USE PERMIT FOR AN AL TERNA TIVE RESIDENTIAL DEVELOPMENT Ordinance upon application of Robert Steinhilber & Herbert A. Culpepper for a Conditional Use Permit for an alternative residential development on certain property located at the southwest intersection of Blackwater Road and Blackwater Loop (GPIN #1389- 72-5323; #1389-71-5307; #1399-00- 0478). Said parcel contains 301 acres. PRINCESS ANNE - DISTRICT 7. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, 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 February 1, 2000 -36- Item V-J. 5. PLANNING ITEM # 46201 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the Ordinance upon Application of GREG N. WINQUIST for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF GREG N. WINQUIST FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR ESTABLISHMENT AND CAR WASH R02003014 BE IT HEREB Y ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Greg N. Winquist for a Conditional Use Permit for an automobile repair establishment and car wash at the southwest corner of Virginia Beach Boulevard and Opal Avenue (GPIN #1477-04-4936). Said parcel is located at 4981 Virginia Beach Boulevard and contains 1.291 acres (KEMPSVILLE- DISTRICT2) The following conditions shall be required: The entrance located on Virginia Beach Boulevard closest to the intersection with Opal Avenue is to be closed as required by the Traffic Engineering Division of the Public Works Department. The site shall be developed in substantial conformance with the submitted site plan titled "CONDITIONAL USE PERMIT SITE PLAN FOR S.S.S. CARWASH", prepared by Lewis White and Associates, dated 10/07/99 (excluding the entrance on Virginia Beach Boulevard closest to Opal Avenue, which is to be closed in accordance with Condition 1, above). The structure will be constructed in substantial conformance with the submitted elevation titled "S.S.S. EXPRESS CAR WASH, drawing Number: 3, Option C", prepared by Pittman & Wardley Architects, dated 20 September 1999. The proposed structure shall be constructed of a similar type of material (Exterior Insulated Finish System), color (off-white or earth tone), and trim (green) as the existing structure. The existing free-standing sign shall be removed A monument- style sign conforming to the regulations of the City Zoning Ordinance may be installed. The landscape plan for the site must be submitted to the Director of Planning for approval prior to the issuance of site development and building permits. This Ordinance shall be effective in accordance with Section 107 O0 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the First of February, Two Thousand Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, 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 February l, 2000 -37- Item V-J. 6. PLANNING ITEM # 46202 Upon motion by Councilman Weeks, seconded by Vice Mayor Sessoms, City Council ADOPTED, with REVISED Condition 3, the Ordinance upon application of TRIANGLE RENT-A-CAR, INC., for a Conditional Use Permit: ORDINANCE UPON APPLICA TION OF TRIANGLE RENT-A-CAR, INC. FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE RENTALS R02003015 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Triangle Rent-A-Car, Inc. for a Conditional Use Pertnit for motor vehicle rentals at northeast corner of Newtown Road and Baker Road (GPIN #1468-30-1875). Said parcel is located at 604 Newtown Road and contains 36,010 square feet. KEMPSVILLE - DISTRICT 2. The following conditions shall be required: Prior to the business license being approved, the applicant must submit a detailed plan to the Planning Department for review and approval. The plan must provide for the removal of all pavement, flags, concrete parking pads and signs located within the public right-of-way. The plan shall also depict all required street frontage and foundation landscaping. The plan shall further provide for required parking spaces and display area spaces to be clearly delineated in accordance with city code. The site must be improved with required street frontage landscaping and foundation planting as prescribed in the Site Plan Ordinance. All parking areas must be striped in accordance with the approved plan. While it is acceptable to continue to allow the excess right-of- way along Newtown Road and Paca Lane to be used for required landscaping, subject to an improved encroachment agreement, all of the areas not improved with planting beds and/or landscaping shall be maintained with a grassed lawn. Thc foundation landscaping must be installed along the portions of the building facing Newtown Road and Baxter Road. Asphalt or concrete must be removed to install this landscaping. It is not acceptable to use planter boxes. 4. No vehicles shall be parked within any portion of the public right-of-way. The exterior of the building shall be painted in accordance with the photographs and drawings provided by the applicant and on file in the Planning Department. The majority of the building shall be white with a limited amount of blue and yellow color used as accents. If future color changes are anticipated, only neutral earth-tone colors may be used without reconsideration by City Council. Signage on the site must be in accordance with sign regulations outlined in the Zoning Ordinance. The proposed re-use of the existing free standing sign is acceptable. February 1, 2000 Item V-J. 6. - 38- PLANNING ITEM # 46202 (Continued) No outdoor paging system shall be permitted. No wrecked or inoperative vehicles are to be stored on site and no repair of automobiles shall be permitted on the site. The use permit is for the rental of automobiles only. Sale of automobiles shall not be permitted at this location. 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 First of February. Two Thousand Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, IIL Margaret L. Eure, William W. Harrison, dr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None February 1, 2000 - 39- Item V-J. 7. PLANNING ITEM # 46203 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED, Ordinance upon Application of KEMPSVILLE CHURCH OF GOD for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF KEMPSVILLE CHURCH OF GOD FOR A CONDITIONAL USE PERMIT FOR A CIIURCH EXPANSION R02003016 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Kempsville Church of God for a Conditional Use Permit for a church expansion on the east side of Princess Anne Road, south of Providence Road (GPIN #1476-60-8447). Said property is located at 4422 Princess Anne Road and contains 4.9147 acres. KEMPSVILLE- DISTRICT 2 The following conditions shall be required: The existing parking lot must be re-striped (painted) to clearly distinguish the parking spaces. In addition, these spaces must be marked in accordance with the City Zoning Ordinance, Section 203, "off-street parking requirement ", and the Americans with Disabilities Act. Shrubs planted 4-feet on a center and 24 inches in height at the time of planting must be installed along northwest property line for the entire length of the proposed portable (modular) building. The line of shrubs should be installed where the building is parallel to the property line to provide screening from the adjoining property. 3. The proposed portable (modular) building must be painted in an earth tone color to match the existing church. This conditional use permit is valid for 3 years from the date of City Council approval. The portable (modular) building must be removed from the site when this use permit expires. This Ordinance shall be effective in accordance with Section 107 (1) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the First of Februa~, Two Thousand Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, 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 February 1, 2000 Item V-J. 8. PLANNING - 40- ITEM # 46204 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED, Ordinance upon Application of the CITY OF VIRGINIA BEACH PUBLIC SCHOOLS for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA BEACH PUBLIC SCHOOLS FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATION TOWER R02003017 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of the City of Virginia Beach Public Schools for a Conditional Use Permit for a communication tower at the northwest corner of North Witchduck Road and Cleveland Street (#1467- 75-8167). Said parcel is located at 233 North Witchduck Road and contains 27.2 acres. KEMPSVILLE - DISTRICT 2. The following conditions shall be required: The project must be developed as indicated on the submitted site prepared for Virginia Beach Schools, by Lewis White and Associates, dated April 30, 1999. 2. In the event that the tower is not used for a period of one year, it must be removed at the tower owner's expense. The overall height of the proposed tower and antennas shall not exceed 125feet. The tower is to be of the spun-concrete design used at other area high schools. 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 First of February, Two Thousand Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, 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 February 1, 2000 Item V-J. 9. PLANNING - 41 - ITEM # 46205 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, Ci.ty Council ADOPTED, Ordinance upon Application of STEPHEN B. BALL4RD for a Conditional Change of Zoning District Classification with Modified Proffers: ORDINANCE UPON APPLICA TION OF STEPHEN B. BALLARD FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM CONDITIONAL I-2 TO CONDITIONAL 1-2 WITH MODIFIED PROFFERS Z02001154 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Stephen B. Ballard for a Change of Zoning District Classification from Conditional 1-2 Heavy Industrial District to Conditional1-2 Heavy Industrial District with modi~ed proffers on certain property located on the North side of Shipps Corner Road beginning at a point l OO feet more or less west of London Bridge Road (GPIN #1495-48- 5383). The Comprehensive plan recommends use of this parcel for a variety of employment uses including business parks and appropriately located industrial uses in accordance with other Plan policies. Siad parcel contains 14. 75 acres. PRINCESS ANNE - DISTRICT 7. The following condition shall be required: Agreement encompassing modification of proffered covenants, restrictions and conditions shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. 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 First of February, Two Thousand Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, 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 February 1, 2000 City of Virginia ]3cach IdTEll-OFFICE COI RESPOI4OEIdCE In Reply Refer To Our File No. DF-4916 DATE: December 27, 1999 TO: FROM: Leslie L. Lilley William M. Macali 03~ Conditional Zoning Application Ballard Properties, LC DEPT: City Attorney DEPT: City Attorney The above-referenced conditional zoning application is scheduled to be heard by the City Council on January 25, 2000. I have reviewed the subject proffer agreement, dated November 23, 1999, and have determined it to be legally sufficient and in proper legal form. A Copy of the agreemem is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WMM Enclosure MODIFICATION OF PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS THIS MODIFICATION OF PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS, made this 23rd day of November, 1999, by and between BALLARD PROPERTIES, LC, a Virginia limited liability company ("Grantor") and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("Grantee"); WITNESSETH: WHEREAS, Grantor is the owner of the real property described on EXHIBIT A attached hereto (the "Property"),' which Property is currently zoned I-2 Conditional and subject to certain recorded covenants, restrictions, and conditions; and WHEREAS, in 1988 a previous owner of the Property proffered certain convenants, restrictions, and conditions as part ofa rezoning of the Property, as set forth in the Declaration dated December 30, 1988, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2800, at page 1681 (the "Original Agreement"); and WHEREAS, Grantor desires to develop the Property in a manner that differs somewhat from the development plans of the previous owners of the Property; and : Prepared by: Mays & Valentine, L.L.P. 4425 Corporation Lane, Suite 420 Virginia Beach, VA 23462 WHEREAS, Grantor desires to amend and modify the covenants, restrictions, and conditions set forth in the Original Agreement, in a manner compatible with the development plans for the Property; and WHEREAS, the conditions set forth in the Original Agreement may only be amended or varied by written instrument recorded in the Clerk's Office and executed by the record owner of the Property, provided that said instrument is consented to by the City in writing as evidenced by a certified copy of an ordinance or resolution adopted by the governing body of the City, after a public hearing before the City advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia of 1950, which said ordinance or resolution shall be recorded along with the amendment as conclusive evidence of such consent. NOW, THEREFORE, the Grantor for itself, its successors, assigns, grantees, and other sucCessorS'in' titl/~ or intere~t, voluntarily and without any requirement by or exaction from the Ciiy or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property, and hereby covenants and agrees that this declaration shall constitute covenants running with the said Property, which shall be binding upon the Property and upon ail parties and persons claiming under or through the Grantor,:its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: -2- All of the covenants, restrictions and conditions proffered by a prior owner of the Property as part ofa rezordng of the Property in 1988, as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2800, at page 1681 are hereby deemed null and void. The Property, when developed, shall be developed substantially in accordance with the Site Plan dated November 1, 1999, prepared by The Spectra Group, and identified as "Site Plan S.B. Ballard Parcel 146" ("Site Plan"), a copy of which has been exhibited to the City Council and is on file with the Department of Planning of the City of Virginia Beach. The brick veneer, precast concrete, and glass building labeled "2 - STY OFFICE BUILDING" on the Site Plan shall be constructed with substantially the same design, materials and architecture as shown on the elevation exhibit of November 4, 1999, prepared by Lyall Design Architects, and identified as "Proposed Office Building for S.B. Ballard Construction Co. Virginia Beach, Virginia", a copy of which has been exhibited to the City Council and is on file with the Department of Planning of the City of Virginia Beach. Grantor shall install and maintain landscaping on the Property substantially as shown on the plan of November 1, 1999, prepared by The Spectra Group, and identified as "Landscape Planting Plan, Site Plan S.B. Ballard Parcel 146", a copy of which has -3- been exhibited to the City Council and is on file with the Department of Planning of the City of Virginia Beach. Grantor shall develop the Property so that all lighting shall be directed toward the interior of the development. Any freestanding signage on the Property shall be constructed substantially as shown on the exhibit of November 22, 1999, and identified as "Proposed Signage for S. B. Ballard Construction Company, Virginia Beach, Virginia", a copy of which has been exhibited to City Council and is on file with the Department of Planning of the City of Virginia Beach. o Subject to any applicable City signage regulations, the Grantor shall restrict any subdivided industrial lot to one (1) ground-mounted, free-standing sign, with the content of the sign limited to the identification of the product or services sold or produced and the name and address of the establishment. The ground-mounted signs shall be no more than a two-faced sign, no larger than (40) square feet per face and no taller than seven (7) feet from grade at its highest poim. Grade shall be defined as the average level of the public street on which the subdivided industrial lot in question abuts. : -4- Grantor, and all parties and persons claiming under, or through Grantor, its personal representatives, assigns, grantees and other successors in interest or title, will not use the Property for the following purposes, to wit: a.) Airports (but use as a helipad shall be permitted); b.) Manufacturing, storage and distribution of explosives; c.) Military Installations (not including civilian support uses); d.) Terminals for freight or passengers arriving or departing by ship. e.) Facilities for construction, maintenance and on-site repair of commercial vessels. f.) Piers, wharves and docks. g.) Ship supply establishments and facilities h.) Storage of salvage, scrap or junk. 9. Further conditions may be required by the Crrantee during detailed Site Plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. -5- All references herein to zoning districts and to regulations applicable thereto refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the modification of proffered covenants, restrictions and conditions is approved by the Grantee. The covenants, restrictions and conditions set forth above, having been proffered by the Grantor and allowed and accepted by the Grantee, shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided further that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of: Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such -6- conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the Zoning Ordinance or this Agreement, the Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. WITNESS THE FOLLOWING SIGNATURE AND SEAL. Bailard Properties, LC, a Virginia limited liability company By: ~Tltle (SEAL)' -7- COMMONWEALTH OF VIRGINIA CITY/COUNTY OF t.4012..~-0 ~ The foregoing insmtment was sworn to and acknowledged before me this 23rd day of November 1999. by I~A, kl.a,61g--i~- of Ballard Properties, ~miatlim¢~ of the company. liability company, on behalf My Commission Expires: ~-2~ -.200 t -8- EXHIBIT A ALL THAT certain piece or parcel of land situate in the Princess Anne Borough of the City of Virginia Beach, Virginia containing 14.745 acres, more or less, and being more particularly described as follows: BEGINNING at a point marked by a steel pin in the northerly fight-of-way line of Shipp's Comer Road, the intersection of lands owned by the Estate of Lannie Widgeon and Roger H. Sawyer and J Beverley Sawyer, said point have coordinates N176,500.765, E2,711,835.580 based upon the Virginia State Plane Coordinate System, South Zone; thence leaving said point and running along the northerly right-of-way line of Shipp's Comer Road the following three courses and distances; thence N 60° 30' 30"W, 258.05 feet to a point marked by a steel pin; thence turning on a curve to the right having a radius of 5,000.00'feet, a chord bearing of N 59° 17' 23" W and a chord length of 212.72 feet to a point marked by a steel pin; thence N 58° 04' 15" W, 107.04 feet to a point; thence turning on the dividing line of lands owned by Cardinal Estates, Inc. and Roger H. Sawyer and J. Beverley Sawyer N 02° 41' 30" E, 211.46 feet to a point in a canal; thence continuing N 11° 27' 23" W, 102.24 feet to a point; thence N 12° 48' 33" W, 602.94 feet to a point at the intersection of lands owned by Cardinal Estates, Inc. and Roger H. Sawyer and J. Beverley Sawyer and the Estate of Lannie Widgeon; thence turning along the dividing line of lands owned by the Estate of Lannie Wideon and Roger H. Sawyer and J. Beverley Sawyer the following four courses and distances: thence S 89° 15' 52" E, 740.61 feet to a point marked by an old pin; thence turning on a course ofS 01° 50' 27" W, 607.60 feet to point marked by an old pin; thence turning on a course of S 05° 59' 07" W 180.29 feet to a point marked by an old pin; thence turning on a course of S 0g° 36' 07" W, 400.04 feet to the POINT OF BEGINNING containing 14.745 acres, more or less, and shown on Atlantic Division, Naval Facilities Engineering Command, Drawing No. 4,051,993, approved November 9, 1979, entitled "BOUNDARY LINE SURVEY OF ARAOONA ENTERPRISES, INC., IRA O. SELLERS & VIRGINIA M. SELLERS, MARY FRANCES BROWN & WILSON DRIVER WIDGEON, ESTATE OF LANNIE WIDGEON, MOULINEX MANUFACTURING, INC., ROGER H. SAWYER & J. BEVERLEY SAWYER, CARDINAL ESTATES, INC., DUNCAN & HALLER CONSTRUCTION COMPANY, CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, HEY'DI AMERICAN CORP., JOSEPH W. WHITE & LOIS P. WHITE, PROPERTIES FOR AREA 2 (P-999), RESTRICTIVE EASEMENT FY 80, NAVAL AIR STATION OCEANA, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA", recorded in Map Book 147, page 53. IT BEING the same property conveyed to BALLARD PROPERTIES, LC, a Virginia Limited Liability Company, by deed of April 16, 1999 from SYLAKAMA, INC., a Virginia Corporation, and recorded in the Clerk's Office of the City of Virginia Beach in Deed Book 4076, at Page 1074. Item V-J. 10. PLANNING Upon motion by - 42 - ITEM # 46206 Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED, Ordinance upon Application 3 MAC ASSOCIATES, L.C., for a Conditional Change of Zoning District Classification: ORDINANCE UPON APPLICA TION OF 3 MA C ASSOCIATES, L. C., FOR A CHANGE OF ZONING FROMAG-1 AND AG-2 TO CONDITIONAL R- 20 Z02001155 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of 3 Mac Associates, L.C.., for a Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-020 Residential District on certain property located on the east side of Seaboard Road at the intersection with Bernadotte Street. The proposed zoning classification change to Conditional R-20 is for single family residential land use on lots no less than 20, 000 square feet. The Comprehensive Plan designates this parcel as being in the Transition Area. Said parcel contains 19.1 acres more or less. PRINCESS ANNE - DISTRICT 7. The following condition shall be required; Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court and is hereby made a part of the proceedings. 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 First of February, Two Thousand Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, IIL 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 February 1, 2000 ity of' Vir tnta Rcach [NTEI -OFFZCE COI RESPOblOENCE In Reply Refer To Our File No. DF-4899 DATE: December 27, 1999 TO: FROM: RE: Leslie L. Lilley William M. Macali ~ Conditional Zoning Application 3 Mac Associates Inc., et als DEPT: City Attorney DEPT: City Attorney The above-referenced conditional zoning application is scheduled to be heard by the City Council on January 25, 2000. I have reviewed the subject proffer agreement, dated February 12, 1999, and have determined it to be legally sufficient and in proper legal form. A Copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. , WMM Enclosure PREPARED BY: ES~ C~RNES. BOURDON & ~RN. PC. AI"rORI~[¥S AT LAW Ordinance, the following reasonable conditiOns related to the physical 'development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its goveming body and without any element of compulsion or quid pro .quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantee, and other successors in interest or title and which will not be required of the Grantors until the Property is developed: 1. When development takes place upon that portion of the Property which is to be developed, it shall be as a single family residential community of sixteen (16) building lots substantially in conformance with the Exhibit entitled "CONDITIONAL REZONING EXHIBIT OF MAPLE RIDGE for 3 MAC ASSOCIATES", dated 6-17-99, prepared by The TAF Group, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). 2. The approximately 8.4 acre forested area designated "Open Space" on the Concept Plan shall be dedicated to the Grantee, when the Property is developed. 3. The entrance feature and associated landscaping for the community and the split rail fencing along Seaboard Road designated on the Concept Plan shall be constructed and installed substantially in conformance with the Exhibit entitled "Landscape and Entrance Plan for Map Ridge", dated November 23, 1999, prepared by W.P. Large, Inc. which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department ("Entrance Plan"). 4. When the Property is subdivided it shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a Property Owners Association which shall be responsible for maintaining all common areas, including the entrance feature and split mil fencing along Seaboard Road. PREPARED BY: ES, CARNES. BOURDON & AHERN. P.C. ~.TTORNEYS AT LAW 5. All residential dwellings conslxucted on the Property shall have visible exterior surfaces, excluding roof, trim, windows, and doors, which is no less than seventy-five percent (75%) brick, stone, stucco or similar quality materials. Any one story dwelling shall contain no less than 2800 square feet of enclosed living area excluding garage area and any two-story dwelling shall contain no less than 3000 square feet of enclosed living area excluding garage area. The fxont yards of all homes shall be sodded. 6. When the Property is developed, every reasonable effort will be made to preserve as many of the existing trees on the site as practical and a tree preservation plan shall be submitted to the Grantee for review along with the Preliminary Subdivision Plan. In addition, ten (10) and twenty (20) foot wide natural buffers shall be preserved by easements on the rear of lots one (1) through ten (10) as depicted on the Concept Plan. 7. When the Property is developed, the party of the first part shall make those off-site road improvements to Seaboard Road, within the public right-of-way adjacent to the Property, as specified by the Grantee. 8. The Grantors recognize that the subject site is located within the Transition Area identified in the Comprehensive Plan of the City of Virginia Beach, adopted on November 4, 1997. The Comprehensive Plan states that development taking place in this area should support the primary purpose of advancing open space and recreational uses. In addition to dedicating forty-four percent (44%) of the Property to Grantee for open space preservation, the Grantors agree to contribute the sum of $2,812.00 per lot to Grantee to be utilized by the Grantee to acquire land within the Transition Area for open space preservation. If the funds proffered by the Grantors in this paragraph are not used by the Grantee anytime within the next twenty (20) years for the purpose for which they are proffered, then any funds paid and unused may be used by the Grantee for any other public purpose. Grantors agree to make payment for each residential lot shown on any subdivision plat prior to recordation of that plat. 9. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City codes by all cognizant Cit~ agencies and departments to meet all applicable City code requirements. Any references hereinabove to the R-20 Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. PREPARED BY: ,ES. CARNES. BOURDON & AHERN PC. ATTORNEYS AT LAW may be repealed, mended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrmnent shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injUnction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office c~f the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. PREPARED BY: .ES. C/kRNES. BOURDON & AHERN. A'Fr'oRNE¥S AT LAW WITNESS the following signature and seal: GRANTOR: 3 MAC ASSOCIATES, INC., a Xrtrginia corporation Anthony I. Smtcillo, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 16th day of February, 1999, by Anthony J. Sancilio, President of 3 Mac Associates, Inc., a Virginia corporation. .... Nota{ry Public My Commission Expires: August 31, 2002 5 PREPARED BY: (ES. CARNES. BOURDON & AHERN. RC. ATi'ORNEYSATLAW WII2qESS the following signatures and seals: GRANTORS: Carolynil/IeCauley by DotJgla~. lV~dfita{~ / I her attorney-in-fact l~ar~a K-Dowell~y Dough~.sli lV~o//a, / // her attomey-in-fact STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing immanent was acknowledged before me this Carolyn McCauley by Douglas J. Montagna her attorney-in-fact. I~%~, of February, 1999, by My Commission Expires:{~-~3 Notary Public STATE OF VlRG~ CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this Mmda K Dowell by Douglas I. Montagna her attomey-in-fact. -day of February, 1999, by Notary Public My Commission Expires: i~C~C~ ~1, qqq & tORNr PREPARED BY: IKES, CARNES. BOURDON & AHERN. RC. ATTORNEYS AT LAW STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this Douglas J. Montagna. ~ ::~'l~lay of February, 1999, by My Commission Expires:i~xc~ Notary Public 7 Item V-K. 1. APPOINTMENTS - 43 - ITEM # 46207 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: COMMUNITY SER VICES BOARD (CSB) FRANCIS LAND HOUSE BOARD OF GOVERNORS HEAL TH SER VICES AD VISOR Y BOARD HUMAN RIGHTS COMMISSION VIRGINIA BEACH CRIME TASK FORCE WETLANDS BOARD February 1, 2000 - 44 - Item V-L. 1. NEW BUSINESS ITEM # 46208 Assistant City Attorney William Macali advised there are five Wetlands Bills, two of which were just amended this morning in the nature of a Substitute. Mr. Macali distributed information relative these bills, which is hereby made apart of the record. The Tolloch Rule was declared invalid by the Courts some time ago, which resulted in unrestricted ditching of non-tidal wetlands in Virginia and elsewhere. None of the proposed bills applies to tidal wetlands, which are well protected by the City's Wetlands Board and the Virginia Marine Resources Commission. Senate Bill No. 648 and House Bill No. 1170 are essentially the same Bill. Defines wetlands as "those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs an similar areas." These two bills most closely approximate the recommendation of the C WA C (Citizens Wetlands Advisory Committee) These bills require a permit to "drain, dredge, excavate, ditch, permanently flood or impound, fill, or discharge any material into wetlands." a.. The applicant must demonstrate the impact on wetlands is unavoidable and will be minimized. b. Permit must require 2:1 compensation through wetland creation or restoration. If actively for which permit is sought is not water-dependent, permit shall be issued only if applicant shows there is no practical alternative. Effect of the impact, together with other existing or proposed impacts, will not cause or contribute to a significant itnpairment of state waters offish and wildlife resources. The Board required to develop general permits for wetland impacts of less than 1/4 acres. General permit would require pre-construction application showing that there is no on-site practical alternative and that on-site impacts will be minimized and that there will be 2:1 compensation. Exempts (1) tidal wetlands and (2) normal "agricultural & silvicultural activities" as defined in State law, except for any activity for which a permit would have been required as of 1-1-97 under CWA Subsection 404 or regulations under Subsection 404. The meaning of this last sentence is somewhat fuzzy, but the best guess is that it means that if land is determined to be wetlands, it cannot be drained for agricultural use without a Section 404 Permit and a Virginia permit. Maintenance is allowed (cleaning ditches and repairing tiles) and would not require a permit from the Corps or Virginia. These Bills require the Board to establish and implement policies and programs to protect and enhance wetlands and require regulatory programs to be designed to achieve no net loss. Voluntary and incentive-based programs to be developed to achieve net resource gain in acreage and functions of wetlands. Requires compensation for impacts on wetlands between 1-1-200 and adoption of regulations by Board to the satisfaction of Board with at least 2:1 ratio. Both bills are in Committee (HB 1170 in Committee on Chesapeake and its Tributaries; SB 648 in Committee on Agriculture, Conservation and Natural Resources) February 1, 2000 Item V-L. 1. - 45 - NEW B USINESS ITEM # 46208 (Continued) Senate Bill No, 450: Same as SB 458 & HB 1170, except that it defines agricultural and silvicultural activities as "those activities, as defined in regulations of the Board, that are part of an established and ongoing farming operation, silviculture or ranching operation, and include cultivating, harvesting, minor drainage, plowing and seeding (emphasis added)." Regulations are quite detailed as to the above activities. The definition states: "established and ongoing". This is the same standard as the federal regulations and does not allow wetlands to be converted to agricultural use. This Bill adds to standard for issuance of permits the requirement that, where activity is not water - dependent, the economic value of the project is greater than the economic and ecological value of the impacted wetland. (In Committee on Agriculture, Conservation and Natural Resources) Senate Bill No. 695~House Bill No. 1246 (Amendment in Nature ora Substitute) are essentially the same. These bills were essentially reported as just defining wetlands as basically areas saturated at ground service or at least 21 days during the growing season. The House Bill No. 1246 will be conformed. These Bills now define wetlands the same as the other 3 bills. Requires a certificate from the Board prior to excavation in wetlands which: are located in l O0-year floodplain; or have standing water at the surface for at least 20 consecutive days during the growing season in years of normal rainfall. These Bills require mandatory mitigation if Corps or EPA determines that excavation converts wetlands into non-wetlands. Mitigation is to be the minimum required to assure replacement on 1:1 basis of the primary environmental functions performed by the wetland. At applicant's option, and with Board approval, mitigation may include engineering solutions for stormwater retention and purification, creating or restoring wetlands, preserving existing wetlands or uplands that otherwise are likely to be degraded or destroyed, or contributing to the mitigation fund approved by the Board. The scope of regulation is much narrower than in the other 3 bills, and stops short of a "Tulloch fix" Exempts excavations in wetlands: a. Associated with normal agricultural, ranching or silvicultural activities Associated with a project involving the discharge of dredged or fill material that has been authorized by the Corps and for which a Virginia Water Protection Permit (i.e., Section 401 certification) has been issued. Involving only de minimis movement of soil and which are neither intended to cause nor in fact cause the destruction, drainage or degradation of wetlands. d. Subject to regulation as tidal wetlands. Both bills are in Committee (HB 1246 IN Committee on Chesapeake and its Tributaries; SB 695 In Committee on Agriculture, Conservation and Natural Resources). The Stumpy Lake area is not in the lO0-year floodplain; therefore, the excavation would not be covered by Senate Bill 695 or House Bill 1246 as they are limited to disturbances of Wetlands in 100-yearfloodplains. The City 's local ordinance would not be invalidated or strengthened by any of these Bills. However, if Senate Bill No. 648 and House Bill 1170 were passed, this would make it much more difficult to excavate in Wetlands. Stumpy Lake is considered to be waters of the United States and the State. The land around Stumpy Lake is not a wetlands under any of these bills and will not be affected by any of these bills, as far as can be determined. However, the City Attorney's office has only had a short time to examine and will more thoroughly study and advise City Council. February 1, 2000 Item V-N. 1. - 46- NEW BUSINESS ITEM # 46209 City Council APPROVED, B Y CONSENSUS: THE PROPOSED FY 2000-2001 RESOURCE MANAGEMENT PLAN SCHEDULE DA TE E VENT LOCATION TOPIC Tuesday, March 28 - Presentation of the FY Council Chamber City Manger's Proposed 6.'00 PM 2000 -2001 Resource Resource Management Plan Mgmt. Plan Tuesday, April 4 Council Workshop Council Conference Economic Vitality, Safe 10:00 AM- Noon Room Community, & Policy and Decision Support Tuesday, April 11 Council Workshop Council Conference Quality Education for Lifelong 10:00 AM - Noon Room Learning Thursday, April 13 Public Hearing To be announced Public comment on Proposed FY 7.'00 PM - 9.'30 PM 2000-2001 Resource Mgmt. Plan Tuesday, April 18 Council Workshop Council Conference Quality Physical Environment & 1 O: O0 AM- Noon Room Operational Support Tuesday, April 25 Council Workshop Council Conference Cultural and Recreational 2:00 PM- 4.'00 PM Room Opportunities & Family and Youth Opportunities Tuesday, April 25- 6.'00 Public Hearing Council Chamber Public Comment PM Thursday, May 4 Council Workshop Council Conference Reconciliation of outstanding 10.'00 AM - Noon Room resource issues Tuesday, May 9 - 2.'00 Adoption of FY2000- Council Chamber PM 2001 Resource Mgmt. Plan February I, 2000 -47- ITEM # 46210 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2. ]-344(A), Code of Virginia, as amended, for the following purpose: 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). Acquisition/Disposition of Property Seaboard Road Area Virginia Beach Boulevard Surplus Property 30th Street Right-of- Way Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council voted to proceed into CLOSED SESSION (2:55 P.M.) Voting: 10-0 Council Members Voting Aye: John A. Baum, 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: Linwood O. Branch, III February i, 2000 - 48 - ITEM # 46211 Mayor Meyera E. Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, February 1, 2000, at 3.'48 P.M. Council Members Present: John A. Baum, Linwood O. Branch, IlL Margaret L. Eure, William W. Harrison, ,Ir., Barbara M. Henley, Louis R. done& Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, kice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Absent: None February 1, 2000 49- CER TIFICA TION OF CLOSED SESSION ITEM # 46212 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, 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: 11- 0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, IIL Margaret L. Eure, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones', Reba S. McClanan, Mayor Meyers 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 February 1, 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 # 46210, Page 47, 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 the best of each member's knowledge, (a) only public business matters lawfully exempted fi.om 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. City Clerk February 1, 2000 Item V-N. - 50- ADJOURNMENT ITEM # 46213 Mayor Meyera E. Oberndorf DECLARED the Ci0, Council Meeting ADJOURNED at 4:50 P.M. Beverly O.~Iooks, CMC/AAE Chief Deputy City Clerk -~th Hodges Smith, CMC/JAE City Clerl Meyera E. Oberndorf Mayor CiO, of Virginia Beach Virginia February 1, 2000