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Home My WebLink AboutAPRIL 4, 2000 MINUTESF. MINUTES 1. INFORMAL & FORMAL SESSIONS March 28, 2000 G. AGENDA FOR FORMAL SESSION The Consent ~4genda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. H. PUBLIC HEARING FARMERS MARKET - Lease I. ORDINANCES/RESOLUTIONS Ordinance to AUTHORIZE the City Manager to ~nter into a LEASE with Dave's Cove, Inc. for space 26 at The Farmers Market. Ordinance to AMEND Section 6-116 of the City Code re surfing (Deferred January 4, 2000 Indefinitely), subject to revisions. Ordinance re Section 4.5 of the Subdivision Regulations, to APPROPRIATE funds for Open Space at Woods of Little Neck Neighborhood Park - cash in lieu of park dedication: a. Phase I - George Newsome Luxury Homes $11,450.91 b. Phase II - Clark Whitehill Enterprises, Inc. $ 7,651.80 Resolution to request the U.S. Congress AMEND legislation to provide FAA funding re noise mitigation and attenuation around commercial airports for Military. Airports; and, the City Clerk provide a copy of this Resolution to the Congressional Delegation representing Virginia. Resolution re issuance and sale oflndustrial Development Revenue Bonds, Series 2000, not to exceed $4,630,000, re financing Architectural Graphics, Inc. J. APPOINTMENTS FRANCIS LAND HOUSE BOARD OF GOVERNORS K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT PROPOSED FY 2000-2001 RESOURCE MANAGEMENT PLAN SCHEDULE DATE EVENT LOCATION TOPIC Tuesday, April 11 Council Workshop Council Conference Room Quality Education for Lifelong 10:00 AM - Noon Learning Thursday, April 13 Public Hearing Princess Anne High Public comment on Proposed FY 7:00 PM - 9:30 PM School 2000-2001 Resource Mgmt. Plan Tuesday, April 18 Council Workshop Council Conference Room Quality Physical Environment & 2:00 PM - 4:00 PM 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 Heating 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 If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 03/30/00slb AGENDA\04-04-00. www.virginia-beach.va.us MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia Ap~14, 2000 Mayor Meyera E. Oberndorf called to order the FY 2000-2001 RESOURCE MANAGEMENT WORKSHOP in the Council Conference Room, City Hall Building, on Tuesday, April 4, 2000, at 10.'00 A.M. Council Members Present: John A. Baum, Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and A. M. "Don" Weeks Council Members Absent: Vice Mayor William D. Sessoms, dr. Linwood O. Branch, III William W Harrison, Jr. [ENTERED: 11:55 A.M.] [ENTERED: 10.'18 A.M.] [ABSENT DUE TO ILLNESS] Mayor Oberndorf advised she had been entertaining students from France, who make a once-every-two-year pilgrimage to visit with the City's students at Kempsville High School. -2- BUDGET WORKSHOP 11:00 A.M. ITEM # 46443 Walter C. Kraemer, Jr., Acting Director - Department of Management Services, Resource Management, distributed a document from Council Lady Parker requesting the percentage changes for the various categories of revenue appropriations and full-time equivalents (FTE's), from FY1999-00 to FY 2000-O1. Mr. Kraemer advised the first section to be reviewed will be Safe Community, representing approximately 11. 74% of the Total Budget. Highlights include an additional Consumer Protection Investigator I position in the Office of the Commonwealth's Attorney to be able to address the increased number of citizen requests. The staff has the responsibility of enforcing Consumer protection laws by investigating complaints against businesses, preparing cases for court, providing consumer information to the public, and mediating disputes when legal action is not warranted. The requests for investigations/mediations average between 1,300 and 1,400 per year. Due to the inability of the office to address every request the Division has focused on providing consumer education. This educational effort, however, has tended to increase the number of complaints needing assistance. The Division must decline more than 45% of the requests received yet still manage to return more than $435,000 to the citizens of Virginia Beach during FY 1998-99. Mayor Oberndorf congratulated The Honorable Robert J. Humphreys - Commonwealth's Attorney, upon his appointment as Judge to the Court of Appeals. dudge Humphreys advised the Investigator I position has been requested, but not funded, for a number of years. Information has been received that the State will reimburse the City approximately $132,000 above the funds anticipated by the Management Services Department. This is due primarily to salary increases for Prosecutors for which the Office of the Commonwealth's Attorney has been lobbying. In addition, the State Budget calls for a number of additional Prosecutor and Para Legal positions state-wide. Virginia Beach currently ranks No. 4 on the priority list (which is being revised). Through these priorities, Judge Humphreys believes the Office of the Commonwealth's Attorney will receive one additional Prosecutor and one Para legal. The Office is delivering to the City Treasurer $1.189- MILLION in fines collected, which is approximately $240,000 above the funds collected last year. dudge Humphreys expressed appreciation to the City Council for their support. All Members of Council will be formally invited to the Court of Appeals for his investiture in the City Council Chamber on April 26, 2000, at 4.'00 P.M, with a reception following at the Marine Science Museum. Community Corrections provides supervision for approximately 1,800 locally responsible offenders who otherwise would have been assigned to the Virginia Beach Correctional Center to serve sentences. Offenders are placed in the program by Judges of the Circuit Court, General District Court and Juvenile and Domestic Relations Court. The secured juvenile detention usage by Courts has increased by nearly 18%, which the staff has attempted to anticipate in this Operating Budget. Chief Gregory B. Cade, Fire Department, presented information through the new audio visual equipment. To provide back-up capabilities to the Volunteer EMS system, the Fire Department will provide advance life support equipment on all fire trucks. One issue, to be investigated in the future, is the replacement of fire vehicle heavy equipment. For FY 2000-O1, three fire pumpers have been included in the budget. Over the next seven years, approximately 30 vehicles will be scheduled for replacement. Ten (10)firefighter positions have been added to address staff issues relative a maturing work force. Two fire captains have been added to handle recruitment project management related to the General Booth Fire Station. Station and Apparatus Staffing 18 Stations 32 Total Staffed 20 Engines 5 Ladders 2 Tankers 1 Hazardous Material Unit 4 Battalion Chiefs April 4, 2000 -3- BUDGET WORKSHOP ITEM # 46443 (Continued) Virginia Beach Fire Department 324 Operations personnel 3 Shifts of 108 assigned personnel 24 hours on duty, 48 hours off duty (Average work week of 56 hours.) 108 Assigned Personnel 87 Personnel Minimum Staffing 21 Positions Utilized Planned Leave Vacancies, Injury Leave, TDA's Unplanned Leave (sick, etc.) Virginia Beach Staffing 108 Assigned per shift 87 Fire Fighters minimum 1.24 Persons per position National Research To effectively maintain minimum staffing with minimal overtime 1.30 person per position are recommended. Recommended Staffing Using the 1.30 factor, Virginia Beach should assign 113firefighters per shift. OSHA 1996 2 in, 2 out rule 1996 VBFD 78 additional positions needed Department policy developed Utilizes multi-unit responses FY 97/98 - 13 positions authorized Virginia Beach Fire Department 1996 chose to focus on OSHA's 2 in, 2 out rule 2000 needs have shifted- maintain 87 fire fighters Factors Effecting Minimum Staffing Aging Work Force Increased use of Sick Leave Family Medical Leave Act Senior employees accrue more leave Decisions affecting compensatory time FY 00/01 Budget Proposal 10 Additional Fire Fighters Increases staffing from 1.24 to 1.28 persons per position Additional positions reduce overtime required to maintain staffing The 10 additional Fire Fighters will be funded as of January 1, 2001. The increase in pay for newly hired Fire Fighters is to have the City competitive with the surrounding jurisdictions. Catheryn Whitesell advised Mayor Oberndorf the Market Survey compares the top of the salary for each City. tIuman Resources does review the long term employee to make sure the "top of the salary" is competitive for all cities. Chief Cade advised Councilman Jones re the Capital Improvement Program ie the Ocean Park Fire Department, $50,000 was earmarked to study the Ocean Park Fire Station. A report is also being prepared for City Council's review in June in conjunction with the Department of Emergency Medical Services reviewing the placement of Fire Stations and EMS Rescue Stations. Councilman Jones referenced perception in the Bayside area that afire station will be built in Diamond Springs. The Diamond Springs issue will be included in the aforementioned report. As per request of Council Lady McClanan, Chief Cade will provide a listing of the average response times for individual fire station locations. April 4, 2000 -4- BUDGET WORKSHOP ITEM # 46443 (Continued) Council Lady Henley referenced the Sandbridge Fire Station and the replacement schedule. Chief Cade advised the staff would return to City Council, after ADOPTION of the CIP, to request approval to purchase the land. $2.9-MILLION has been approved. Once the land is purchased, the design work will entail approximately 6 months. The actual construction should commence next year. The City Manager believes the Schedule of Activities contained a worse case scenario, if problems arose with the site acquisition and condemnation resulted, this would add a year to the schedule. Chief Cade advised there are four (4) vacant fireman positions. Chief Cade does not see any problem with filling the new positions. The minimum assignment to a house fire is 3 engine companies and one ladder. Chief Cade advised a facilitator is being utilized to resolve the problems between the EMS and the Fire Department. The Departments met for two days and will finish tomorrow afternoon. Sheriff Frank Drew and Chief Deputy Paul Lanteigne were in attendance to respond relative the Sheriff and Corrections Budget. Mayor Oberndorf referenced a proposal each person arrested would have to pay $100 to the City. Sheriff Drew advised this was accomplished in other states. Virginia is under the Dillon Rule and, therefore, has to have permission from the General Assembly for this aforementioned proposal. Sheriff Drew believes this permission could be granted through the General Assembly in the upcoming session. This is a very interesting concept as many individuals have the ability to pay for their incarceration. Individuals who are able must pay for their medical plus canteen charges. The Aids problem is very costly. Individuals in advanced stages of Aids who are not able to secure the necessary medical assistance are getting arrested. Imnates, by Federal law, are receiving better care than the Senior citizens. The tax payers are paying for same in excess of $1-MILLION per year. This covers approximately 1,100 individuals. Virginia Beach has a lowerper diem cost than any jail in Virginia. The City 's jail was determined to be the most economically run jail in Virginia. Medical increased 10- 15% per year. The Correction Center will house over 1,000 inmates andprocess over 16, 200 arrests during the year. Seatack Elementary is being turned into a training facility for the Police and Sheriff's office. The entire cost in the Budget will be $2.3-MILLION with the City expending SI.I-MILLION. Through the Sheriff's work programs, $1.2-MILLION is being paid for this building. This is more than one-half and will save the City approximately $9-MILLION. Mr. Kraemer advised the Police Department will be in attendance during the April 11, 2000, Budget Workshop. Relative the Courts and Court Support, the Contingency Account has been increased from $500,000 to $1- MILLION to cover Juvenile Detention costs as well as the Comprehensives Services Act Program. The City expended $1.3-MILLION in the CSA. Mr. Kraemer advised the State restricts the City's capacity to utilize electronic records for storage purposes. Many times the hard copy is required to be available for particular cases. The state has initiated new legislation to change this whereby electronic or microfilm copies of documentation will be accepted. However, in the past, this electronic mechanism has not been allowed to be utilized, especially in cases dealing with juveniles. Relative Emergency Medical Services, there are 742 volunteers responding to 26, 600 emergency medical calls Bruce Edwards, Director - Emergency Medical Services, advised with the expansion of the convalescent homes and assisted care facilities, EMS is receiving more senior citizen calls. Complimenting this impact is the change in Medicare reimbursement policies, which have led to a growing reliance on the Volunteer Rescue Squads for ambulance transportation. In terms of addressing the complex medical issues, the Department has formed a special paramedic program and has been able to increase the level of staffing necessary to handle the increase in complexity. To decrease response time, EMS and Court House Rescue personnel identified a vacant building located at the intersection of Painters Lane and Townfield Road, which is adjacent to the future Ferrell Parkway. This facility was renovated and now stations one ambulance much closer to the General Booth/Red Mill area to provide a second response crew at no extra cost to the City. Mr. Edwards advised the Military has strict policies on fund raising on Federal property. EMS serves all of Little Creek Amphibious Base in Norfolk, Fort Story (since 1977), Dam Neck and Oceana Naval Base. Mr. Kraemer proceeded to the next Section of Economic Vitality including Agriculture, Economic Development, Housing and Neighborhood Preservation. Convention and Visitor Development is scheduled for the April I1, 2000, Workshop. For FY 2000-01, Economic Development projects will create 1,500 jobs in Virginia Beach and $40- MILLION in new capital investment. On the average, the Economic Development Investment Program (EDIP) funds invested are paid back to the City in the form of new municipal taxes in 2.36 years. Each dollar of public funds spent yields $30.25 in new capital investment, and every $ 717. O0 spentyields one new employment opportunity. April 4, 2000 -5- BUDGET WORKSHOP ITEM # 46443 (Continued) Donald Maxwell, Director of Economic Development, advised the EDIP funds must be utilized for a public purpose in addition to serving the user of the building. A legal review is initiated for each applicant. Essentially, 90plus % of the funds utilized are off-site infrastructure costs as turning lanes, sewer/water improvements, signalization, etc. To enhance its economic vitality, the City develops strategic options and alternatives to create, enhance and sustain wealth and income in the City consistent with the overall well- being and quality of the community. The Department also provides staff support to the Virginia Beach Development Authority, which is appointed by the City Council. The Development Authority assists in the business/industrial location and retention process by acquiring, developing and reselling land in municipally owned and operated corporate parks. There is a separate Web Site for Economic Development Brochures are beingpublished with the Economic Vitality Strategy. The Economic Vitality Strategy will be scheduled for a City Council Session in dune or duly. Relative the Thirty-first Street project, there is a net revenue of $49-MILLION over the.first twenty-five years, which would essentially pay for five elementary schools. The Thirty-first Street project is still owned by the Development Authority. The needs assessment in the Budget addresses the option to shift to 'Just a park"project, if that were to be the ultimate decision of the citizens and the City Council. There is a question on the Ballot: (petitioned through citizens) "Should the City of Virginia Beach develop a panoramic public park on the City-owned property located on the ocean at 31st Street and Atlantic Avenue without permitting a permanent business establishment thereon ? "Mr. Kraemer advised funding would have to be established to reimburse the Development Authority for the land currently owned and also to provide funding for the Sandler property. The City Attorney advised there are also parcels on the west side of Atlantic Avenue which would have to be acquired. The Whitehurst and Drewry parcels have been purchased, closed upon and are owned by the City. There is an option, as part of the arrangement, to purchase the southside of the block (Neptune's Corner Parcel). The City Attorney advised there are contingencies in each and every contract. Mr. Maxwell will confirm whether the Chairman of the Development Authority, was Van Cunningham, when 31s' Street was purchased in 1987. Mr. Maxwell advised if the citizens wish the Thirty- first Street to contain a park, this will entail a cost of approximately SI-MILLION, which the Developer is now paying and the annual operating costs will have to be considered, which have been paid for by the private development side. Parking at the Resort area was the number one complaint of the citizens. If this is to be a park, parking will have to be provided as well. Council Lady McClanan foresees the Parking Garage as being a part of the Park. 30,000 individuals have signed the petition requesting Thirty-first Street to be made only a park. A specific analysis will be provided to determine what the tax rate would be in cents on the real estate tax dollar to offset the cost if Thirty-first Street is to be only a park. A report card relative the public-private partnerships to date shall be provided. The Agricultural Reserve Program is planning to undertake 12 applications resulting in 1200 acres added to the Program. Louis Cullipher, Director of Agriculture, advised there have been a few acres, which are part of a larger parcel, acquired for the ARP, based on comparable sales and purchased at a very low rate, that are not developable. The rationale for development is with water and sewer, those areas close to the Green Line are developable. The Department is actively pursing location possibilities for the construction of a Farm Park, currently in the preliminary state of discussion. Plans include having the agricultural attraction located on a one hundred acre parcel, with an interpretative center housing various exhibits, a Farmers' Market and a restaurant. Should it be determined that Princess Anne Park, also located within the Princess Anne Corridor boundaries, would be relocated, a possible addition to the Farm Park may be an enclosed equestrian ring which could be used not only to replace the rodeo ring currently located at Princess Anne Park, but also as an indoor training facility for the City Mounted Police Force. Placing the training facility in close proximity to the Park's other attractions would also enhance the Park as a destination not only for tourists, but for citizens and for area students on school field trips. Council Lady Parker referenced the Certificate of Occupancy Inspection Program. Some of the landlords are keeping their property utilities in their name and avoiding the Compliance Program. Council Lady McClanan also advised these homes are also on a month-to-month lease, so the City's inspections are not required. Andrew M. Friedman, Director of Housing and Neighborhood Preservation, advised there are three ways to determine if individuals are complying with a Certificate of Compliance. The term of the lease is not relevant to the compliance, as the law requires inspection annually (or less) if tenancy changes. Virginia Power provides the Department with information on utility changes. In certain areas, Community Policing is notifying the Department when it is evident of a change in tenants. Information relative the compensation of the Planning Commission Members in the various Hampton Road Cities shall be provided. April 4, 2000 -6- CITY MANAGER'S BRIEFING OCEANA NOISE STATUS REPORT 12:03 P.M. inspections, including removal of signs, towing of cars, removal of graffiti, waste management violations, and cutting of grass Feedback from citizens Other related information The first report will be in July, 2000. //3: The Department of Housing and Neighborhood Preservation and the Planning Department, with guidance from the Fire Department, will develop and implement a volunteer inspection program no later than September, 2000, thereby increasing the amount of inspections that can be done, at less cost than with additional staff. Note that the Fire Marshal's Office will continue to utilize certified volunteers. //4: To provide enhanced coordination among related agencies, our Inspections Work Group, consisting of these three agencies plus the Police Department's Community Policing Program, and the Health Department's Environmental Health Division, will meet regularly and identify ongoing areas where cooperation can provide enhanced results. //5: Staff will make a presentation on the "Spot Blight" authority to Council in June, 2000, and seek Council's agreement to bring forth potential cases as an enforcement tool for difficult properties. //6: DHNP is leading an effort to develop technology to automate field inspections, and provide Council, staff and citizens eventual direct access to inspection information via the Internet. The system that will be developed is expected to be able to serve all three departments. This should improve inspection efficiency and provide better customer information. //7: DHNP and Fire are working with the Police Department to increase consistency and coordination between Community Policing officers and inspectors. This work is resulting in better property maintenance and community safety as each function is being helped by using all the available tools and expertise to achieve results. //8: Fire, Housing and Health will continue with the program of coordinated resort area inspections. I would be happy to provide you any further information you may desire regarding this. With Pride in Our City, re April 4, 2000 -8- AGENDA RE VIEW SESSION 12:33 P.M. ITEM # 46445 1.4 Resolution to request the U.S. Congress AMEND legislation to provide FAA funding re noise mitigation and attenuation around commercial airports for Military_Airports; and, the City Clerk provide a copy of this Resolution to the Congressional Delegation representing Virginia This item shall be discussed during the Formal Session. ITEM # 46446 B Y CONSENSUS, the following items shall compose the CONSENT AGENDA: ORDINANCES/RESOL UTIONS 1.1. Ordinance to AUTHORIZE the City Manager to enter into a LEASE with Dave's Cove, Inc. for space 26 at The Farmers Market. I. 2. Ordinance to AMEND Section 6-116 of the City Code re surfing (Deferred danuary 4, 2000 Indefinitely), subject to revisions. Ordinance re Section 4.5 of the Subdivision Regulations, to APPROPRIA TE funds for Open Space at Woods of Little Neck Neighborhood Park - cash in lieu of park dedication: a. Phase I - George Newsome Luxury Homes $11,450.91 b. Phase II- Clark Whitehill Enterprises, Inc. $ 7, 651.80 Resolution re issuance and sale of Industrial Development Revenue Bonds, Series 2000, not to exceed $4,630,000, re financing Architectural Graphics, Inc. Vice Mayor Sessoms will ABSTAIN on Item 5 as the applicant is a client of Wachovia Bank ITEM # 4644 7 Council Lady McClanan advised she will add to the Agenda Scheduling of RECONSIDEIL4TION of COLLETT PROPERTIES/COLLETT CHESAPEAKE PARTNERS Change of Zoning (BEACH- DISTRICT 6) (lost to negative vote 3/7/2000): B-2 to Conditional B-2 and I-1 to Conditional B-2 ~ Parker Lane/Virginia Beach Boulevard. ITEM # 46448 Council Lady McClanan requested the Minutes of March 28, 2000, ITEM # 46437, Page 38, include the names of the Shore Drive Advisory Committee, including dohn R. Langlois. The Shore Drive Advisory Commission was Chaired by Robert M. Stanton, who reported to City Council on March 28, 2000. April 4, 2000 9 CITY COUNCIL COMMENTS 12:33 P.M. ITEM # 46449 Council Lady Parker referenced the single information signs littering the City. The proliferation of such signs has become an unsightly problem. Council Lady Parker contacted the City Attorney. An injunction was filed. Council Lady Parker expressed appreciation to Karen Lasley and the City,4 ttorney. The purpose of this action is to obtain a Court order enjoining the continuing violation of a City ordinance. The City Attorney advised, in this particular case, a phone number was displayed so it was easy to make a contact. The City issued a warning in danuary 1999 that such signs are illegal; but, the signs continue to be placed, in right-of-ways and other properties. Mayor Oberndorf also expressed concern relative this' proliferation of little plain pieces of corrugated board reflecting various messages i.e. losing weight, baseball caps, balls etc, with just a phone number. Council Lady Eure advised there appears to be a proliferation of banners on buildings and double advertising. Council Lady Eure requested staff review as to whether this is allowable and can they be controlled by the City. ITEM # 46450 Council Lady Eure referenced the E-Mail correspondence concerning the road capacity in the event of an hurricane. Chief Operating Officer, C. Oral Lambert., dr. shall respond. April 4, 2000 -10- ITEM # 46451 Mayor Meyera E. Oberndorf called to orderthe INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, April 4, 2000, at 12.'33 P.M. Council Members Present: John A. Baum, Linwood O. Branch, IIL Margaret L. Eure, 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 Absent: William ~. Harrison, Jr. April 4, 2000 ITEM # 46452 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~[bllowing 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). To Wit: Candidates for Appointment: Boards and Cotnmissions: Francis Land House Board of Governors 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). Agricultural Reserve Program - Princess Anne District Lynnhaven Parkway and Potters Road Acquisition Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council voted to proceed into CLOSED SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, 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: William III. Harrison, Jr. April 4, 2000 - 12- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL April 4, 2000 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, April 4, 2000, at 2.'00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III,, Margaret L. Eure, 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: William W. Harrison, Jr. [ABSENT DUE TO ILLNESS] INVOCATION: Father Daniel Klem Saint Mark's Catholic 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 other than Item 1.1.5. (Architectural Graphics, Inc.), on which he would ABSTAIN. The Vice Mayor regularly makes this Disclosure as he may not know of the Bank's interest in any application that may come beJbre City Council. Vice Mayor Sessoms' letter of January 4, 2000, is hereby made a part of the record. April 4, 2000 Item VI-E. - 13- CER TIFICA TION OF CLOSED SESSION ITEM # 46453 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, 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 cert(fication resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Reba S. McCIanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, A. M. "Don" Weeks and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. April 4, 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 # 46452, Page 11, 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 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. P~h Hodges Smith, M~ ' City Clerk April 4, 2000 - 14- Item VI-F. MINUTES ITEM # 46454 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of March 28, 2000. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, IlL Margaret L. Eure, 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: William W. Harrison, Jr. April 4, 2000 - 15- Item VI-G. ADOPT AGENDA FOR FORMAL SESSION ITEM # 46455 B Y CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION Scheduling of RECONSIDERATION of COLLETT PROPERTIES/COLLETT CHESAPEAKE PARTNERS Change of Zoning (BEACH- DISTRICT 6) (lost to negative vote 3/7/2000): B-2 to Conditional B-2 and I-1 to Conditional B-2 at Parker Lane/Virginia Beach Boulevard will be discussed under New Business. April 4, 2000 Item VI-G.2. -16- PRESENTATION ITEM # 46456 Diane Gillespie, President of IV. T. Cooke Elementary School PTA, Gregg Anderson - Principal and Nancy Baker - Teacher and Member of the PTA Board, expressed appreciation on behalf of the Executive Board to the Mayor and City Council for their beautiful new school. A framed print of the old Cooke Elementary School drawn by local artist, Rick Romano, a Cooke parent, was presented to the Mayor and City Council. Mayor Oberndorf extended her gratitude for the portrait and advised of the dedication, commitment and financial investment by this City Council to the children in this City through their schools: new Seatack Elementary, Bayside Elementary, New Castle Elementary, Christopher Farms Elementary, Linkhorn Park Elementary and Creeds Elementary Schools. April 4, 2000 Item VI-H. 1. -17- PUBLIC HEARING ITEM # 46457 Mayor Oberndorf DECLARED A PUBLIC HEARING: FARMERS MARKET- Lease There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. April 4, 2000 -18- Item VI-I. ORDINANCES/RESOL UTIONS ITEM # 46458 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED IN ONE MOTION, Ordinances 1, 2, and 3 and Resolution 5 of the CONSENT AGENDA. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, 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: William W. Harrison, Jr. Vice Mayor Sessoms, being a Corporate Officer of Wachovia Bank, ABSTAINED on Item L1.5. (Architectural Graphics, Inc.), as the applicant is a client of the Bank. April 4, 2000 - 19- Item VI-I. 1. ORDIN,4NCES/RESOL UTIONS ITEM # 46459 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ,4DOPTED: Ordinance to ,4 UTHORIZE the City Manager to enter into a LEASE with Dave's Cove, Inc. for space 26 at The Farmers Market. Voting: 10-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, 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: William W. Harrison, Jr. Ap~14,2000 - 20 - Item VI-I. 2. ORDINANCES/RESOL UTIONS ITEM# 46460 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to AMEND Section 6-116 of the City Code re surfing, subject to revisions Voting: 10-0 (By Consen0 Council Members Voting Aye: dohn A. Baum, Linwood O. Branch, III, Margaret L. Eure, 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: William W. Harrison, Jr. April 4, 2000 - 21 - Item VI-I. 3. ORD INAN CES/RES OL UTIONS ITEM # 46461 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance re Section 4.5 of the Subdivision Regulations, to APPROPRIATE funds for Open Space at Woods of Little Neck Neighborhood Park - cash in lieu of park dedication: a. Phase I- George Newsome Luxury Homes $11,450.91 b. Phase H- Clark Whitehill Enterprises, Inc. $ 7,651.80 Voting: 10-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, 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: William W. Harrison, dr. April 4, 2000 Item VI-I. 4. - 22 - ORDINANCES/RESOL UTIONS ITEM # 46462 The following registered in OPPOSITION: Mona S. Saferstein, 748 Virginia Dare Drive, Phone: 422-0401, distributed the NEPA Regulation for Mitigation; Section 1508.20. Said information is hereby made a part of the record. Stuart Gordon, 700 Oriole Drive, Phone: 428-0050, member of CCAJN and requested WITHDRAWAL of the Resolution. John Shick, 912 Duke of Suffolk Drive, Phone: 496-4147, Chairman - Citizens Concerned About Jet Noise (CCAJN) (comprised of over 1500 local residents), Retired Naval Officer. Mr. Shick invited all Members of City Council to a public meeting of CCAJN on Saturday, April 8, 2000, at 10.'00 A.M. at Lynnhaven Middle School. Hal Levinson, 2004 Brickell Court, Phone: 496-3 701, member of CCAJN. Admiral Fred Metz, Retired, 805 Circuit Court, Phone: 481-3248, is not associated with CCAJN, advised the Mission of Oceana is to train our young people to defend us. Admiral Metz recommended the City Council request a study by the Navy of an outlyingfield. Admiral Metz recommended the City Council table the Resolution as the funds are not available. Faxed Correspondence from the Hampton Roads Chamber of Commerce, dated April 4, 2000, on behalf of the Oceana Task Force, requesting WITHDRAWAL of the Resolution, is hereby made apart of the record. Mayor Oberndorf WITHDREW: Resolution to request the U.S. Congress AMEND legislation to provide FAA funding re noise mitigation and attenuation around commercial airports for Military_Airports; and, the City Clerk provide a copy of this Resolution to the Congressional Delegation representing Virginia. April 4, 2000 - 23 - Item VI-I. 5. ORDINANCES/RESOL UTIONS ITEM # 46463 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Resolution re issuance and sale of Industrial Development Revenue Bonds, Series 2000, not to exceed $4,630,000, refinancing Architectural Graphics, Inc. Voting: 9-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, IIL Margaret L. Eure, Barbara M. Henley, Louis R. done& Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Abstaining: Vice Mayor William D. Sessoms, Jr. Council Members Absent: William W. Harrison, Jr. Vice Mayor Sessoms, being a Corporate Officer of Wachovia Bank, ABSTAINED as the applicant is a client of the Bank. April 4, 2000 Item VI-J. 1. ORDINANCES/RESOL UTIONS - 24 - ITEM # 46464 B Y CONSENSUS, City Council RESCHEDULED: FRANCIS LAND HOUSE BOARD OF GOVERNORS April 4, 2000 - 25 - Item VI-L. 1. NEW BUSINESS ITEM # 46465 ADD-ON The following registered in SUPPORT of the RECONSIDERATION OF COLLETT PROPERTIES, INC. (L O WES). Reverend Tommy Taylor, London Bridge Baptist Church, 2460 Potters Road, Phone; 486- 7900 Glen Brindel, 2416 Haversham Close, Phone: 481-7066 Jay Smith, 452 West Plantation Road, Phone: 486-5901 Upon motion by Council Lady McClanan, seconded by Vice Mayor Sessoms, City Council SCHEDULED ADVERTISING and set the date for 6:00 PM Apri125, 2000: RE CONSIDERA TION of COLLE TT PROPER TIES/COLLE TT CHES/IPEAKE P/IRTNERS (LOWES) Change of Zoning (BEACH- D[STtUCT 6) (lost to negative vote 3/7/2000): a. B-2 to Conditional B-2 b. I-1 to Conditional B-2 at Parker Lane /Virginia Beach Boulevard Voting: 8-2 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: Margaret L. Eure and Nancy K. Parker Council Members Absent: William W. Harrison, Jr. April 4, 2000 - 26- Item VI-M. ADJOURNMENT ITEM # 46466 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 2:58 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia April 4, 2000 City CITY COUNCIL MAYOR MEY£I~4 E. OBEI~VDORF, AI-Laree [ 7CE MA YOR B'TLLIAM D SESS031S, JR., Al-~rgc JOHN A. BAUM, LI.~"OOD O. B~qNCft, IlL Dmmt &Beach MARGA~T L. EU~', Dmnct l-Centex'die g'ILLL4M g'~ tL4~ISON, JR., Dismct 5.Lvnnhaven BA~A~ M. HENLEI] Dismct 7 -Pnncess Anne LOUIS R. JONES, ~smct 4.BRvside ~BA S. McCL4NAN, Dismct 3-Rose Hall NANCY K. EI~'ER, At-~rgc .431 (DONI Ir~EKS, Demtct 2-Kcmpnillc JAMES K. SPORE, City Managc~ LESLIE L. LILLEY City Auorn,? RUTH HODGES-SMITtI. Cgv Clerk of Virginia Beach "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA April 4, 2000 BUDGET WORKSHOP - Conference Room - A. Economic Vitality, Safe Community, Policy and Decision Support IO:OOAM II. CITY MANAGER'S BRIEFING 12:00 NOON III. Oceana Noise Status Report Captain William C. "Skip" Zobel Commanding Officer, NAS Oceana REVIEW OF AGENDA ITEMS IV. CITY COUNCIL COMMENTS V. INFORMAL SESSION - Conference Room - 1:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Father Daniel Klem Saint Mark's Catholic Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL 10 11 12 13 14 15 16 17 18 19 2O AN ORDINANCE AUTHORIZING THE CITY MANAGER TO LEASE A RESTAURANT FACILITY LOCATED AT SPACE #26 OF THE FARMERS MARKET TO DAVE'S COVE, INC. WHEREAS, for twenty-three years, the City of Virginia Beach has leased spaces in the Farmers Market; WHEREAS, after evaluating proposals for the operation of a restaurant facility at the Farmers Market, the City of Virginia Beach desires to enter into an agreement with Dave's Cove, Inc., for the lease of the restaurant facility located at space #26; and WHEREAS, this proposed lease shall be for an two-year term, and may be extended for three one-year periods, with the initial term to begin on April 5, 2000, and expire on April 30, 2002. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized on behalf of the City of Virginia Beach to enter into a lease with Dave's Cove Inc., for space #26 at the Farmers Market, with such lease to be in substantially the form attached hereto as Exhibit A. 21 22 Adopted by the Council of the City of Virginia Beach, Virginia, on the 4 day of April , 2000. CA-7655 DATA~ORDIN~NONCODE~Dave' s Cove, Incl.ord March 28, 2000 R-4 APPROVED AS TO CONTENT: ~epartment of Agr~lture-- APPROVED AS TO LEGAL SUFFICIENCY: City Attorney~-Office AN ORDINANCE TO AMEND SECTION 6-116 OF THE CITY CODE PERTAINING TO SURFING SECTION AMENDED: § 6-116 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 6-116 of the City Code is hereby amended and reordained to read as follows: 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Sec. 6-116. Surfing generally. .......... ~ by it 31 32 lA\ 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 ................. j~ ........ In ~t ....... n 47 ..... ': .... ~ sunset 48 49 5O 51 52 53 54 55 days 56 57 58 59 6O 61 62 63 64 65 66 67 68 69 7O 71 72 73 74 75 76 77 78 79 8O 81 82 83 84 85 86 ~= ..... ~'^ ~=~ ~ .... ~'~ ~4t ......... shall filc Day. (a) For purposes of this section, the foltowinq phrases shall have the meaninqs respectively ascribed to them: (1) "City manaqer" shall mean the city manaqer or his duly authorized desiqnee. "Labor Day Weekend" shall be deemed to end at 6:00 p.m. on Labor Day. (3) "Memorial Da}z Weekend" shall be deemed to beqin at 6:00 p.m. on the Friday before Memorial Day. (4) "Shorebreak" shal 1 mean the area between the shoreline of the Atlantic Ocean and a continuous 87 88 89 9O 91 line runninq thirty (30) feet east of the shoreline. (b) Except as otherwise provided herein, from Memorial Day Weekend to Labor Day Weekend, it shall be unlawful for any person to use a surfboard in the waters of the Atlantic Ocean, 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 between the hours of 11:00 a.m. and 4:00 p.m. Fridays, weekends and holidays, in any of the followinq areas: (1) In the area from the northern boundary of Little Island Park to the southern boundary of the desiqnated lifequard-patrolled swimminq area located at the terminus of Sandbridqe Road; (2) In the area from the northern boundary of the designated lifequard-patrolled swimminq area located at the terminus of Sandbridqe Road to the southern boundary of Dam Neck Fleet Combat Traininq Center; (3In the area from the center line of 42nd Street to (4) the center line of 56th Street; and In the area from the center line of 58th Street to the southern boundary of Fort Story. (c) Except as otherwise provided herein, from Memorial Day Weekend to Labor Day Weekend, it shall be unlawful for any person to use a surfboard in the waters of the Atlantic Ocean, 110 111 112 113 114 between the hours of 10:00 a.m. and 4:00 p.m. weekdays and 10:00 a.m. and 6:00 p.m. weekends and holidays, in any of the followinq areas: In the designated lifequard-patrolled swimming area located at the terminus of Sandbridqe Road; 115 116 117 118 119 120 121 (3) In the area from the northern jetty of Rudee Inlet to the center line of 42nd Street; and In the area from the center line of 56th Street to the center line of 58th Street. (d) Except as otherwise provided herein, from Memorial Day Weekend to Labor Day Weekend, it shall be unlawful for any person to use a surfboard in the waters of the Atlantic Ocean, 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 between the hours of 11:00 a.m. and 4:00 p.m. any day of the week, in the area from the northern boundary of Camp Pendleton to the southern boundary of Rudee Inlet. (e) Notwithstandinq the provisions of subsections (b) throuqh (d) of this section, the use of a surfboard in the waters of the Atlantic Ocean shall be permitted in the followinq areas: (1) In the area from the southern boundary of Little Island Park to the state line, subject to any restrictions imposed by the United States Government with respect to any area of the beach under its ownership and/or control; (2) At Little Island Park, subject to any restrictions imposed by the director of parks and recreation; (3) In the area from the southern jetty of Rudee Inlet to a point eiqht hundred (800) feet south thereof; (4) In the area from the northern jetty of Rudee Inlet to a point five hundred (500) feet north thereof; (5) In the area beqinninq three hundred (300) feet north of the center line of 3rd Street and extendinq to a point one hundred (100) feet north of the center line of 5th Street; 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 (6) In any area determined to be unsafe for swimming or wadinq, pursuant to section 6-17 of this chapter; and (7) In any other area that the city manaqer may, from time to time, desiqnate as a surfinq area. (f) In addition to the prohibitions set forth in subsections (b) throuqh {d} of this section: (1) No person shall use a surfboard from one-half hour after sunset to one-half hour before sunrise. (2) No person shall use a surfboard unless a leash or tether joins the surfer to the surfboard; (3) No person shall use a surfboard in the area between the south and north jetties of Rudee Inlet; {4) No person shall, from Memorial Day Weekend to Labor Day Weekend, use a surfboard within the shorebreak unless such person is paddlinq, or wadinq beside the surfboard for purposes of enterinq the water or returning to the beach, or unless such person is in an area specifically desiqnated by this section or the city manaqer as a surfinq area; and (5) No person shall engage in any activity other than surfinq in any area specifically desiqnated by this section or the city manaqer as a surfinq area. (g) Notwithstandinq any provision herein to the contrary, whenever the city manaqer determines that surfinq in a particular area poses a threat of danger to the general public, he may prohibit surfinq in such area for the period of time durinq which the threat of danqer exists. Any such area shall be conspicuously marked by "No Surfinq" signs, which siqns shall 172 173 174 175 176 177 178 179 180 181 182 remain in place until the prohibition has been lifted, and it shall be unlawful for any person to surf in any area so marked. (h) In addition to the reqular police officers of the city, the director of emerqency medical services and his duly authorized desiqnees are authorized to enforce the provisions of this section by the issuance of summonses, provided the director or any such desiqnee is in uniform at the time a summons is issued. (i) Any person who violates any provision of this section shall be quilty of a Class 4 misdemeanor; provided, however, that any person who violates subsection (f) (2) of this section shall be guilty of a Class 3 misdemeanor. 183 184 Adopted by the Council of the City of Virginia Beach, Virginia, on the 4 day of April , 2000. 185 186 187 188 189 190 191 192 193 194 CA-7516 ORDIN~PROPOSED~06-116.ord March 13, 2000 R2 APPROVED AS TO CONTENT: Emergency Medical Services APPROVED AS TO LEGAL SUFFICIENCY: L~aw Department 1 2 3 4 7 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 AN ORDINANCE TO APPROPRIATE $11,450.91 TO CAPITAL PROJECT #4-950, NEIGHBORHOOD PARK DEVELOPMENT (ON-GOING), FOR THE PURPOSE OF PROVIDING OPEN SPACE IMPROVEMENTS WHEREAS, the Parks and Recreation Capital Improvement Program includes Capital Project #4-950, Neighborhood Park Development (On-Going), for development of city-owned neighborhood park property acquired through the subdivision ordinance and other methods; and WHEREAS, George Newsome Luxury Homes, the developer of Woods of Little Neck Phase I, which is a 9.89 acre, R-40 subdivision, has agreed to make a cash payment in lieu of a park dedication or reservation in the amount of $11,450.91 for open space improvements in the vicinity of the Woods of Little Neck Subdivision. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That an $11,450.91 cash payment is hereby accepted from George Newsome Luxury Homes and appropriated to Capital Project # 4-950, Neighborhood Park Development (On-Going), for open space improvements in the vicinity of Woods of Little Neck subdivision. 2. That estimated revenues be increased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia, on the 4 day of April , 2000. Requires an affirmative vote by a majority of the members of City Council. CA7649 F:~Data~ATY~OrdinkNONCODEkwoods of little neck phase 1.ord March 29, 2000 R-2 32 APPROVED AS TO CONTENTS 33 APPROVED AS TO LEGAL SUFFICIENCY ~~~ O~flce '~ City Attorn~'s P~ANTA1~ON VICINITY NO SCALE MAP NOTE~ t TI~ PROPERTY 18 ZOI~D R-40 2. IVlII~MUM FRONT YARD WIDTH AT SETBACK FRONT YARD 8ETBA~ - 5E 81DE YARD SETBACK - 2~ (30' AT CO~EF0 nEAR YAFID ~-T'BAGK - 20' MINIbIJM LOT AREA IN SQU~ FEET - ,40,0OO 3. AREA OF PARENT PARCEL,.q = 9.89 ACRE8 4. THEFE ARE 10 LOT8 I~1 ~ StJBI~ 5. CG-6 WILL BE NOTCHED TO ALLOW DRABIAGE 1 2 3 4 AN ORDINANCE TO APPROPRIATE $7,651.80 TO CAPITAL PROJECT #4-950, NEIGHBORHOOD PARK DEVELOPMENT (ON-GOING), FOR THE PURPOSE OF PROVIDING OPEN SPACE IMPROVEMENTS 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 WHEREAS, the Parks and Recreation Capital Improvement Program includes Capital Project #4-950, Neighborhood Park Development (On-Going), for development of city-owned neighborhood park property acquired through the subdivision ordinance and other methods; and WHEREAS, Clark-Whitehill Enterprises, Inc., the developer of Woods of Little Neck Phase II, which is a 6.914 acre, R-40 subdivision, has agreed to make a cash payment in lieu of a park dedication or reservation in the amount of $7,651.80 for open space improvements in the vicinity of Woods of Little Neck subdivision. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That a $7,651.80 cash payment is hereby accepted from Clark-Whitehill Enterprises, Inc., and appropriated to Capital Project # 4-950, Neighborhood Park Development (On-Going), for open space improvements in the vicinity of Woods of Little Neck subdivision. 2. That estimated revenues be increased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia, on the~ day of April , 2000. Requires an affirmative vote by a majority of the members of City Council. CA7650 F:~Data~ATY~Ordin~NONCODE~woods of little neck phase II.ord March 29, 2000 R-2 APPROVED AS TO CONTENT Management Se~rvices~~ APPROVED AS TO LEGAL SUFFICIENCY Department of~Law