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Home My WebLink AboutJUNE 6, 2000 MINUTESCITY COUNCIL MAYOR MEYERA E. OBERNDORF, At. Large VICE ,ILqYOR WILLIAM D. SESSOMS, JR., Ar-Large JOHN A. BAUM, At-Large LI.VWOOD O. BRANCtt, III, Dislrict 6. Beach MARGARET L. EURE, D~stnce l-Ce,eerville I%tTLLIAM I~: HARRISON, JR., District 5-Lvnnhaven BARBARA M. HENLEI; District 7 -Princess Anne LOUIS R. IONES District 4-Ba. vside REBA S. McCL4NAN, District 3-Rose Hall NANCY K. PARKER, At-l_~rgc A.M (DONI WEEKS. District 2-Kempwille JAMES K. SPORE, City Manager LESLIE L. LILLE,; City .'lttorn,5' RUTH HODGES-S3UTH City Clerk "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA CFI"V IIALL BI;ILI)IN(; 1 24o I C()( 'RTl I( )( 'SE I)RI I'E ~lN~,l III:ACI L ~'[R( ;].%~A 2345o -~)().3 I'II(~NE: (7.~7)327-43l~4 (757) 42()'56(~() I:MAIL: CWcnc~at, iw. vi~JnicJ-I)t.t~ch, vtJ.IlX June 6, 2000 CITY MANAGER' S BRIEFING A. COUNCIL CHAMBER RENOVATIONS: David M. Grochmal, Director of General Services - Conference Room - 11:30 AM II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - 12:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Richard Yates Beachlawn Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION MINUTES 1. INFORMAL & FORMAL SESSIONS May 23, 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 ORDINANCES/RESOLUTIONS Ordinance DECLARING certain City right-of-way EXCESS property at Fox Fire subdivision and AUTHORIZING the City Manager to convey same to the adjacent twenty- four (24) property owners, .(value of the property to be determined by fair market value appraisal); the City shall retain the right to reserve a 20' drainage and utility easement. Deferred: May 23, 2000 Ordinance to AMEND the Agricultural Lands Preservation Ordinance to permit certain uses as "agricultural" uses; redesignating the area of the city in which the Agricultural Reserve Program applies; AMEND certain requirements re the repurchase of development rights and exchange of easements; and, to make specific technical corrections. Ordinance to APPROPRIATE $67,000 from the General Fund to provide an interest-free loan to the Kempsville Volunteer Rescue Squad re a replacement ambulance. Resolutions referring to Planning Commission proposed amendments re large retail developments and to direct the Planning Commission to forward its recommendations thereon to the City Council by July 14, 2000.: Amendments to § 111, 901, 1511 and 1521 of the City Zoning Ordinance (CZO), and adding a proposed new § 240.1 b. Amendments to the Comprehensive Plan re design guidelines 5. REFUNDS: License - $79,518.29 Tax - $ 8,630.65 APPOINTMENTS ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS COMMISSION HAMPTON ROADS PLANNING DISTRICT COMMISSION HAMPTON ROADS TRANSPORTATION DISTRICT MINORITY BUSINESS COUNCIL PERSONNEL BOARD SHORE DRIVE ADVISORY COMMISSION SOCIAL SERVICES BOARD TOWING ADVISORY BOARD VIRGINIA BEACH COMMLYNITY DEVELOPMENT COMMISSION J. UNFINISHED BUSINESS K. NEW BUSINESS ADJOURNMENT CITY COUNCIL SESSIONS RESCHEDULED FROM TUESDAY, JULY 4, 2000 TO: WEDNESDAY JULY 5, 2000 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) 06/01/00slb AGENDA\06/06/00 www.virginia-beach.va.us CITY OF I/IRGINIA BEACH SU,~LiL4RY OF COUNCIL ACTIONS o H M B A C E S B R H C R P E DATE: May 23, 2000 R R E J L N A S W PAGE: i B A E I N O A D R S E A N U S L N N O K O E U C R O E E A R E M K AGENDA M H E N Y S N F R S S ITEM # SUBJECT MOTION VOTE i/A BRIEFING: Arthur R. Shaw Operations DRAINAGE SOUTHER~ PART OF THE Engineer, CITY Department of Public Works 11/111/ CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y IV/V/ E F MINUTES - Ma}' 9r 2000 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y G/H/i PUBLIC HEARING: , No Speakers EXCESS CITY OWNED PROPERTY: Fox Fire Subdivision 1/i Ordinance DECLARING City r-o-w EXCESS/ DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y at foxfir¢ AUTHORIZING convey same to 6/06/00 BY adjacent 24 property owners/City retain fight to CONSENT reserve 20' drainage/utili~ ¢~¢ment 2 LYNNHAVEN PARKWAY, PHASE IX: ADOPTED BY 1 i-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT a. Resolution locntion/dealgn Public Hearing to requesl VDOT place aerial utilities underground b. Ordinance to AUTHORIZE advance acquisition of property by purchase or condemnation c. Ordinance to ESTABLISH r-o-w between Lishelle Place/Holland Road as underground uffilty corridor d. AUTHORIZE Dir. of Public Works execute nccessaE/documents 3 Ordinance to AMEND § %50 of City Code REMOVED/ B Y C O N S E N S U S adding provision four-wheeled bicycles in STAFF resort area (4-15 thru 9-30) REVIEW/TO BE RESCHEDULED 4 Ordinance to ABOLISH Erosion ADOPTED BY i 1-0 Y Y Y Y Y Y Y Y Y Y Y Commission/REPEAL§ 6-16 thru § 6-165 of CONSENT City Code/ESTABLISH Beaches and Waterwa}'s Advisor~ Commission $ Ordinance to AUTHORIZE encroachments ADOPTED .43 11-0 Y Y Y Y Y Y Y Y Y Y Y into portion of city owned r-o-w 20' alley at CONDITIONED 1500 Atlantic Ave. for EWALBE re 2 security ~ates 6 Ordinance to TRANSFER $3,159 to ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Housing/Neighborhood Preservation to CONSENT reimburse cl~ emplo}'ee legal fees/expenses 7 Ordinance to TRANSFER / APPROPRIATE ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y y y $660,535 to Court Service Unit rc Juvenile CONSENT Detention Services/Group tIome Services 8 Resolution to temporarily change location of ADOPTED BY 10-I Y Y Y Y Y Y N Y Y Y Y City Council meetings to School CONSENT Adnflnistraflon Building 9 Resolution REFERRING to Planning Comm ADOPTED W/ 11-0 Y Y Y Y Y Y Y Y Y Y Y proposed amendments to § I 11 Article two of REVISED CZO establishing design/standards for retail ORDINANCE establlshmen~ J/I CAVALIER GOLF/YACHT CLUB closure ADOPTED/ 1 I-0 Y Y Y Y Y Y Y Y Y Y Y of portion of Cardinal Road at Staffing Court CONDITIONED (LYNNHAVEN - DISTRICT 5) BY CONSENT 2 CltARLES GJSUSAN L. BARKER closure ALLOWED I 1-0 Y Y Y Y Y Y Y Y Y Y Y of portion of Southern Blvd. At Kentucky Ave. WITHDRAWAL (ROSE HALL - DISTRICT 3) 3 JERROLD L. MILLER Variance to APPROVED BY i 1-0 Y Y Y Y Y Y Y Y Y Y Y Subdivision Ordinance all lots meet CZO at CONSENT 1242 N. Inlynnview Rd. re reducing the width of an existin[~ lot (LYNNHAVEN - DISTRICT 5) 4 BRENDA CUFFEE/ALBERT ROWSEY APPROVED/ 1 i-0 Y Y Y Y Y Y Y Y Y Y Y Variance of Subdivision Ordinance re all lots CONDITIONED have access to public street at Alberthas Dr. BY CONSENT {LYNNHAVEN - DISTRICT 5} CITY OF ~TRGINIA BEACH SUM3L4R Y OF COUNCIL ACTION$ o H M B A C E S DATE: May 23, 2000 B R H C R P E R R E J L N A S W PAGE: 2 B A E I N O A D R S E A N U S L N N O K O E U C R O E E A R E M K AOENDA M H E N Y S N F R S S ITEM # SUBJECT MOTION VOTE 5 MILTON A. PALMER, SR., expanzlon of DEFERRED i 1-0 Y Y Y Y Y Y Y Y Y Y Y nonconforming use at 309 Shipps Ln. INDEFINITELY (BEACH - DISTRICT 6) BY CONSENT 6 J.aA~IES M ARNHOLD enlargement of APPROVED/ 10-i Y Y Y Y Y Y N Y Y Y Y nonconforming 9se at Chesapeake Bay Shores CONDITIONED (2414 Spinak~r Ct.) (LYNNHAVEN - BY CONSENT DISTRICT 5) 7 RECONSIDERATION COZ lost to negative APPROVED/3.8 8-3 Y Y N Y Y Y Y N N Y Y vote March 7, 2000. COLLETT PROFFERED/ PROPERTIES, INC./COLLETT Delete Proffer # 9/ CHESAPEAKE PARTNERS from B-2 to Additional Conditional B-2 from I-1 to Conditional B-2 at provisions Parker Ln./Va. Beach Blvd (BEACH - addressed during DISTRICT 6) site plan review 8 WAWA, INC. CUP auto services (fuel salez) APPROVED/ I 1-0 Y Y Y Y Y Y Y Y Y Y y with a convenience store at Rosemont Rd./ CONDITIONED Sentara Way {ROSE HALL - DISTRICT 3) BY CONSENT 9 SPIRIT RENT A CAR, INC./CARTEMPS APPROVED/ I 1-0 Y Y Y Y Y Y Y Y Y Y Y USA CUP motor vehicle renhal/l 16 S. CONDITIONED Independence Blvd., Suite # 104 (ROSE HALL BY CONSENT - DISTRICT 3} I 0 JOHN DAVID VOGEL CUP: reer~ationai APPROVED/ 1 I-0 ¥ Y Y Y Y Y Y Y Y Y Y facility corn maze at 2400 London Brdg. Rd. CONDITIONED {BEACH - DISTRICT 6) BY CONSENT I I CAPE HENRY COLLEGIATE SCHOOL APPROVED/ I 1-0 Y Y Y Y Y Y Y Y y Y y CUP expansion ofprivate school at 1320 Mill CONDITIONED Dam Rd. {LYNNHAVEN - DISTRICT 5) BY CONSENT 12 CITY to AMEND § 401 of COZ recreational APPROVED/ 1 I-0 Y Y Y Y Y Y y y y y y and amusement in AG-I/AG-2 CONDITIONED BY CONSENT K APPOINTMENTS: RESCHEDULED B Y C O N S E N S U S ARTS AND HUMANITIES COMMISSION HAMPTON ROADS PLANNING DISTRICT COMMISSION HAMPTON ROADS TRANSPORTATION DISTRICT MINORITY BUSINESS COUNCIL SOCIAL SERVICES BOARD L/M/ ABSTRACT OF CIVIL CASES RESOLVED - ACCEPTED FOR B Y C O N S E N S U S I APRIL, 2000 RECORDATION 2 Resolution AUTHORIZING/DIRECTING ADOPTED 1 I-0 Y Y Y y y y y y y y y ADD City Manager/City Attorney take actions ON necessa.,3, to upgrade conditions at Resort Area/ help council achieve goal of developing City i,nto a Worid-Cla~a Resort destination N ADJOURNMENT: 8:55 PM CITY COUNCIL SESSIONS RESCHEDULED FROM TUESDAY, JULY 4, 2000 TO: WEDNESDAY JULY 5, 2000 · JAIdES CITY OF I~IRGINI,'I BEACH SUMMARY OF COUNCIL ACTIONS o H M B A C E S B R H C R P E DATE: June 6, 2000 R R E J L N A S W PAGE: 1 B A E I N O A D R S E A N U S L N N O K O E U C R O E E A R E M K AGENDA M H E N Y S N F R S S ITEM # SUBJECT MOTION VOTE FA BRIEFING: David M. orochmal, COUNCIL CHAMBER RENOVATIONS Direx$or of General S~rvie~ II/III/ CERTIFICATION OF CLOSED SESSION CERTIFIED 10ol Y A Y Y Y Y Y Y Y Y Y F MINUTES - Ma}, 23, 2000 APPROVED ! 1-0 Y Y Y Y Y Y Y Y Y Y Y G/H/i Ordinance DECLARING EXCESS property aDOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y at Fox Fire AUTHORIZING City Manager to convey to 24 property owne~/retain right to 2 Ordinance to AMEND Agricultural Lands ADOPTED BY 10-1 y y y Y Y Y N Y Y Y Y Preservalton Ordlmmce/AMEND CONSENT requirements re repurchaze of devdopment rlghts/exhange of easements/make technical oorre~on-s 3 Ordinance to APPROFRIATE $67,000 to ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y provide interest-free loan to Kempsville CONSENT Voluntt~r Rescue S_~'_'~d re -~'- 4 R~solution~ referring to Planning Comm. ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Amendment re large retail developmenta/ CONSENT rec, ommendatinns to Council by July 14, 2000 a. Amendmen~ to CZO b. Amendments to Comp. Plan 5 REFUNDS: ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT a. Licen~ - $79,518.29 b. Tax -$ 8,630.65 I M~POINTMENTS: ADVERTISING AGENCY "Tourism" ADDED/ 1 !-0 Y Y Y Y Y Y Y Y Y Y Y SELECTION COMMITTEE APPOINTED Appointed: No term Chaimum: RAC - WilliamRoundtte~,h. President: VBH/MA - James H. Capl~ President: VBRA - Proton Midgett Presider: VMSM FND- Thomas R, Frantz Director: VMSM - C. Mac Rawla Director: VBC&VD - James B. Rickets ARTS & HUMANITIES COMMISSION APPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Appointed: Rob~n~ N. Mdatti 2 yr. t~rm 7/1/00 - 6/30/02 Reappointed: Sharon. L. Fraim 2 yr. ~,tms 7/1/00 - Manuel ~- Hipol M.D. 6/30/02 Elliott C. Jon~, M.D. Sheila P. Price John M. Ryan Warren E. Sachs, D.D.S. BEACHES & WATERWAYS COMM. RESCHEDULED B Y C O N S E N S U S HAMPTON RDS. PLAN.DIST. COMM HAMPTON RDS. TRANS. DIST. MINORITY BUSINESS COUNCIL PERSONNEL BOARD REVIEW OF ALLOCATION COMM. (COIG) ADDED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y APPOINTED Appointed: Charles E. Flowera Unexpired term thru 1/31/2002 Confrrmed: Maxtha J. Goodman, Ex Officio to rep. V.B. Fo~_~_nclat~on CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS o H M B A C E S B R H C R P E DATE: June 6, 2000 R R E J L N A S W PAGE: 2 B A E I N O A D R S E A N U S L N N O K O E U C R O E E A R E M K AGENDA M H E N Y S N F R S S ITEM # SUBJECT MOTION VOTE SHORE DRIVE ADVISORY COMM. APPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Appoin~d: Ronald C. Ripley, Planning 3 yr. Commission Representative 7/1/00 - 6/30/00 for Bayside Reappointed: Scott Ayers Judith IC Connors Daniel F. Crcedon Erie Marie Latimer Robert M. S~anton TOWING ADVISORY BOARD RESCHEDUI-F-D B Y C O N S E N S U S VA. BCH. COMM. DEV. COMM. APPOINTED i 1-0 Y Y Y Y Y Y Y Y Y Y Y Appointed: Elsie M. Barnes Unexpired term thru 12/20/2003 J/K Ordinanc~ to AMEND City Code § 2 - 4 re ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y ADD Policc, Fire, Rescue adding Chaplain Aids ON ADD Workshop: June 20, 2000 RESCHEDULED ON I~om 4pm-6pm to 10am - 12 noon Place to be announced L ADJOURNMENT 3:22 pm CITY COUNCIL SESSIONS RESCHEDULED FROM TUESDAY, JULY 4, 2000 TO: WEDNESDAY JULY 5, 2000 PUBLIC NOTICE: EFFECTIVE IMMEDIA TEL Y AFTER JUL Y 12, 2000::: [due to the renovation of the City Council Chamber] INFORMAL MEETINGS OF THE CITY COUNCiL and PLANNING COMMISSION will continue in the City Hall Conference Room, Building No. 1 FORMAL MEETINGS OF THE CITY COUNCIL, PLANNING C034MISSION and WETLANDS will be held in the SCHOOL BOARD MEETING ROOM, Building No. 6 MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 6, 2000 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING re COUNCIL CHAMBER RENOVATIONS in the Council Conference Room, City Hall Building, on Tuesday, June 6, 2000, at 1].'30 A.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 and Nancy K. Parker Council Members Absent: Vice Mayor William D. Sessoms, Jr. William IV. Harrison, Jr. A. M. "Don" Weeks [ENTERED: 11:47 A.M. / ATTENDING BANK MEETING] [ENTERED: 12:00 NOON] [ENTERED: 12:55 P.M.] Robert C. Mandigo, Jr., Councilman-Elect, Kempsville - District No. 2 was present for both the Informal, Closed and Formal Sessions. Rosemary Wilson, Council Member - Elect, At Large, was present for the Informal Session and then left the Closed Session to attend the School Board meeting. -2- COMMENTS OF THE MAYOR ll:30 A.M. ITEM # 46673 Mayor Oberndorf referenced attending a Conference in Denver, Colorado, sponsored by Governing Magazine. Mayor Oberndorf's expenses were provided by Governing Magazine. Mayor Oberndorf was one of the principal speakers concerning Information Technology relative the City's E-Government. She spoke with the former Mayor of Indianapolis, Indiana, and the Mayor of St. Paul, Minnesota. Mayor Oberndorf was truly the only "non-techie" in attendance. The Governor of Colorado spoke concerning their State's utilization of technology. [n Sweden, when an individual purchases a drink the machine recognizes who you are and the drink is charged to your telephone bill. The Conference booklet will be available for perusal in the Mayor's office. ITEM # 46674 Mayor Oberndorf referenced the June 20, 2000. City Council Workshop. Two of the Council Members had advised they would be unable to attend. Mayor Oberndorf requested this meeting be RESCHEDULED from 4:00 P.M. to 6:00 P.M. to I0.'00 A.M. to 12:00 NOON. The City Manager referenced the principal item being the presentation of the updated Economic Development Strategy Plan. The City Manager suggested the Development Authority Members attend. The location will be determined and City Council advised.. B Y CONSENSUS, the City Council Workshop shall be SCHEDULED for 10:00 A.M. to 12:00 NOON, June 20, 2000. This Workshop shall be taped by Video Services. June 6, 2000 -3- CITY MANAGER'S BRIEFING COUNCIL CHAMBER RENOVATIONS 11:33 A.M. ITEM # 466 75 David M. Grochmal, Director of General Services, advised the City Council Chamber is 32 years old. Asbestos was installed as fireproofing on the structure of the building when constructed. Renovations are presently being conducted on the third floor and asbestos is being removed. The ceiling of the Council Chamber has been failing for several years. It has been patched periodically and with tile repairs continues to weaken. Last Fall, the staff noticed the ceiling had severely separated in several places. Above the ceiling is the asbestos, which has delaminated and is now laying on top of the ceiling tiles, light fixtures and speakers. Asbestos creates dangerous conditions and increases costs of all work involved. If the ceiling should fail, then the room would be contaminated. REASONS FOR RENOVATIONS Ceiling is beginning to fail Asbestos above ceiling makes work difficult Poor lighting quality Audience TV Broadcast Poor sound quality Carpet (original still in City Council Chamber) and upholstery showing significant wear WHAT WILL BE DONE: Asbestos removal New ceiling and audience lights New carpet, drapes, blinds and wall fabric Re-upholster audience seating Refinish woodwork as required Upgrade sound system New TV lights and camera New staff work area with microphones After an analysis of the existing cameras and lighting versus several alternatives for new lighting, it proved to be the same cost to install new television cameras and lower level lighting on the City Council dais. This would reduce by one-half the lighting that shines on City Council Members; however, it would increase the quality of the television broadcast. For several years, there have been requests from the staffs of the different departments supporting the City Council relative work space. Most modern areas are equipped with staff tables. Additional speakers will improve the sound quality, both at the dais and in the audience. Approximately 20years ago, there were lavalier microphones at the dais, which caused problems with the wires being broken. Mr. Grochmal displayed, through the utilization of powerpoint, concepts of the renovated City Council Chamber. The firm of Waller, Todd and Sadler as Architects and Pace Colloborative, the Electrical Engineers were engaged. The staff work area will encompass removing two rows of audience seating in the front, right side. The back of the room depiction reflected the new coffered-drop ceiling in the center of the room, which will provide formality. These are being installed in courtrooms. All of the light fixtures and speakers will be housed within the individual coffers of the ceiling and be of the same color as the ceiling. June 6, 2000 -4- CITY MANAGER'S BRIEFING COUNCIL CHAMBER RENO VA TIONS ITEM # 46675 (Continued) A view depicted the television recessed lighting on the dais. This type ofpendant lighting is being utilized in the School Board room. Another view reflected the new carpet and general colors of the new seating. A view directly from behind the Mayor's Chair depicted new curtains with valances, the carpet's new design with a boarder, new seating covering, staff work area and ceiling. The carpet throughout the entire City Hall building is to be replaced. Computer connections will be established on the City Council dais. Conduits will be installed now within the Council Chamber for access to the City's Internet. The City Attorney has requested this be placed at his seat, so he may utilize a lap top during the City Council Session. Richard Dyer advised there will be LAN connections to each of the dais locations, which will be in addition to the new Electronic Voting project. Mr. Grochmal noted the carpet will be multicolored and the seating selected to match the carpet selection will be predominately blue with purples and grey. Chuck Davis, Director - Building Maintenance, advised, because of the HVAC upgrade, there should be consistent temperatures in the City Council Chamber. Assurances of the quality of sound will be provided. Mr. Grochmal referenced the Engineer's estimate for the refurbishing of City Council Chamber is $360,000. June 6, 2000 -5- AGENDA RE VIEW SESSION 12:05 P.M. ITEM # 46676 H. 1 Ordinance DECLARING certain City right-of-way EXCESS property at Fox Fire subdivision and AUTHORIZING the City Manager to convey same to the adjacent twenty-four (24) property owners, (value of the property to be determined by fair market value appraisal); the City shall retain the right to reserve a 20' drainage and utility easement. Council Lady Henley advised she had not heard from the President of the Fox Fire Civic League. However, the City staff has met with the residents. The residents adjoining the park still desire to purchase the excess property; however, the Parks and Recreation Commission recommend the property only be conveyed to 24 land owners rather than all of the 31 owners who had petitioned the City to purchase this property. The areas adjacent to seven of the lots nearest the City Park are not recommended as EXCE$S property to provide the public area to be as large as possible and to provide access to this public area from Esplanade Drive. Approximately $20,000 is projected to be gained from the sale of these parcels which funds will be utilized to clean-up the area. ITEM # 46677 1-1.2 Ordinance to AMEND the Agricultural Lands Preservation Ordinance to permit certain uses as "agricultural" uses; redesignating the area of the city in which the Agricultural Reserve Program applies; AMEND certain requirements re the repurchase of development rights and exchange of easements; and, to make specific technical corrections. Council Lady Eure referenced the proposed Ordinance Amendments. Council Lady Eure requested an explanation of the last sentence in Section 6: "The City Council has complete control over the decision whether or not to extend an offer to any applicant;for that reason, there is no need of a legal nature to impose a cap on the per-acre amount of any purchase in order to keep the Program solvent." Assistant City Attorney Macali advised one issue City Council is attempting to resolve is whether or not there should be a "cap" on the total amount of per acre price which could be offered for parcels. In the meantime, the issue involves the area in which the ARP program is applicable. Because the Comprehensive Plan has changed from Transition Area 1, 2 and 3 to just a Transition Area, the terminology in the Ordinance has to be changed. In order that City Council is not forced into the decision as to whether or not to maintain a cap, the staff is just changing the terminology, but keeping the area the same. This Ordinance further clarifies that City Council will be able to decide whether or not to cap an offer on a case-by-case basis. Basically, the staff is just trying to preserve City Council's options on each individual offer. Council Lady McClanan will vote a VERBAL NAY on this item. ITEM # 46678 H. 4 Resolutions referring to Planning Commission proposed amendments re large retail developments and to direct the Planning Commission to forward its recommendations thereon to the City Council by July 14, 2000.: a. Amendments to 3~ 111, 901, 1511 and 1521 of the City Zoning Ordinance (CZO), and adding a proposed new 3q 240.1 b. Amendments to the Comprehensive Plan re design guidelines Council Lady Henley referenced the two "big boxes ", the Home Depot and the WalMart to be constructed in the Red Mill area. Council Lady Henley had been under the impression these were backed up against Ferrell Parkway; however, these buildings are up-front adjoining Princess Anne Road, directly across Newstead Road, which is a residential street. There are very nice homes along Newstead. Council Lady Henley distributed depictions for City Council's information. Council Lady Henley referenced the previous recommendation of Council Lady McClanan to consider large retail establishments as conditional uses. If those uses had been approved when first proposed, this situation could have been alleviated. June 6, 2000 -6- AGENDA RE VIEW SESSION ITEM # 46678 (Continued) Councilman Branch also referenced the suggestions of Joe Taylor, Vice President - Taylor's Do It Center, and requested the Planning Commission research these suggestions. Robert J. Scott - Director of Planning, will advise the Commission. ITEM # 46679 City Attorney Les Lilley referenced an ADD-ON to the Agenda: Ordinance to AMEND and REORDAIN 3~ 2 - 4 of the City Code pertaining to Recognition of Police, Fire Companies and Rescue Squads as part of public safety program by ADDING Chaplains' aides and making housekeeping changes. The Chaplains' aide positions are not covered under the Workmen's Compensation Act. This Amendment will add these positions on line 44 and 45 of the Ordinance. The other changes in said Ordinance are just housekeeping changes reflecting the names of the various Rescue Squads. ITEM # 46680 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: ORDINANCES/RESOL UTIONS H. 1 Ordinance DECLARING certain City right-of-way EXCESS property at Fox Fire subdivision and AUTHORIZING the City Manager to convey same to the adjacent twenty-four (24) property owners, (value of the property to be determined by fair market value appraisal); the City shall retain the right to reserve a 20' drainage and utility easement. H. 2 Ordinance to AMEND the Agricultural Lands Preservation Ordinance to permit certain uses as "agricultural" uses; redesignating the area of the city in which the Agricultural Reserve Program applies; AMEND certain requirements re the repurchase of development rights and exchange of easements; and, to make specific technical corrections. 11.3 Ordinance to APPROPRIATE $67, O00 from the General Fund to provide an interest-free loan to the Kempsville Volunteer Rescue Squad re a replacement ambulance. H. 4 Resolutions referring to Planning Commission proposed amendments re large retail developments and to direct the Planning Commission to forward its recommendations thereon to the City Council by July 14, 2000.: a. Amendments to ~ 111, 901, 1511 and 1521 of the City Zoning Ordinance (CZO), and adding a proposed new ~ 240.1 b. Amendments to the Comprehensive Plan re design guidelines H. 5 REFUNDS: a. License- $79,518.29 b. Tax - $ 8,630.65 June 6, 2000 -7- CITY COUNCIL COMMENTS 12:13 P.M. ITEM # 46681 Council Lady Henley advised as per the request of the Manager of the Back Bay Wildlife Refuge, she will be presenting to City Council the Annual Revenue Sharing Payment "in lieu of taxes". ITEM # 46682 Council Lady Henley advised tonight, June 6, 2000, is the last Public Meeting on the Open Space Plan, which is scheduled for the Pavilion from 7:00 P.M. - 9:00 P.M. The DRAFT Open Space Plan will be distributed to those present. Council Lady Henley expressed appreciation to the stafffor their extraordinarily hard work. ITEM # 46683 Council Lady Henley advised she had been approached by residents of Atwoodtown Road (Lago Mar and the Lotus Creek Subdivisions) who have prepared a package for distribution to City Council relative the Floodplain variance for Lotus Creek Associates. This letter is to request City Council re-evaluate its January 4, 2000, decision to grant a floodplain variance to Lotus Creek Associates. The residents have documented and witnessed possible wetland violations in the Lotus Creek Development. City staff and Environmental Agencies have been notified. Council Lady Henley distributed photographs. There has been no public posting of a "Floodplain Variance" sign. At no time during City Council's recent consideration of the Floodplain variance on three separate dates of September 28, 1999, November 23, 1999, and January 4, 2000, was a sign posted on Atwoodtown Road notifying residents of a variance application to amend section 5B of the Floodplain Regulations. Therefore, the residents did not have the opportunity to appear before City Council when Lotus Creek Associates requested this Variance. The residents are concerned relative the creation of a subdivision which will be continuously flooded. The Atwood grave sites have also been disturbed. A petition containing the signatures of 57 residents supporting the correspondence of the residents of Lago Mar and Lotus Creek is hereby made a part of the record. Correspondence from the Department of Environmental Quality is also made a part of the record. The residents were assured of a Public Hearing on June 28, 2000, by the Department of Environmental Quality; however, later correspondence indicates a Public Hearing might not be scheduled. Councilman Branch advised there will be additional impervious service which will make the flooding situation even worse The City staff will address same. The City Manager will review and advise. In terms of the roads and building sites, the actual construction process is the responsibility of the City. A report will be presented to City Council relative the status of this project. ITEM # 46684 Council Lady Eure requested an appropriate Ordinance to transfer the funding for the Lake James drainage problem be scheduled for a future City Council Session. The City Manager expressed concern relative this process of changing the Operating Budget when it was just adopted and does not take effect until July First. The City Manager will review and advise. ITEM # 46685 Council Lady Parker referenced correspondence from the Birdneck Civic League and their concerns relative the Phase H-Lynnhaven Parkway design. Mayor Oberndorf advised the Civic League did not wish the lO-foot sound walls, a high rate of speed on the Street and they do not want the Street. Council Lady Eure referenced the attendance of 180 individuals last evening, June 5, 2000, at a meeting held jointly by the Brigadoon and Charlestown Civic Leagues. The residents had their own survey, in addition to the requested surveys for VDOT. However, at the VDOT Hearing, only 18 were in attendance. A summary of the surveys will be compiled and evaluated by VDOT. The City staffwill also evaluate the surveys and determine if there is an alternative. The Sound Walls are optional. Once all the information is assimilated, Council Lady Eure will meet with City Staff. Council Lady Eure advised it is common knowledge the roadway is going through. The question is how. June 6, 2000 OFFICE OF THE CITY MANAGER (757) 427-4242 FAX (757} 427-4135 TDD (757) 427-4305 June 12, 2000 City of Virginia MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9001 The Honorable Meyera E. Obemdorf and Members of Council RE: Lake James Project (CIP 7-018) Dear Mayor and Members of Council: Attached is a memo from Dean Block outlining Public Works' plan of action for the Lake James Project. Public Works will also contact the Lake James Civic League and provide the project information. Please let me know if you require any additional information. With Pride in our City, JKS/MAJ/po Attachment cc: Dean Block Proud Recipient of the 1998 U.S. Senate Medallion of Excellence for Productivity and (~Quality in the Public Sector. (lTV 01: ¥1 GINII:I 1:,q(11: C:O UNII'Y FOR A I. IF :TI I Department of Public Works Municipal Center Virginia Beach, Virginia 221456-9041 Ph: (757) 427-4167 FAX} (757) 426-5783 Date: June 12, 2000 To: James K. Spore From: E. Dean Block Subject: Lake James Project (CIP 7-018) In response to the Council Comments this week we have reviewed the Lake James Project schedule and taken action to accelerate its completion. As background, the Lake James Project was added to the Storm Water CIP as part of the CIP reconciliation with funding in the FY 2001-02 fiscal year at $220,000. The scope of the project is to construct a bypass canal from the inflow and outflow points at Lake James. The purpose of the bypass canal is to allow the daily low water flows from the upstream land use to flow past Lake James and not enter the lake. Over the past years Public Works has been working with the Lake James CMc League discussing the water quality of the lake. As you may know, the Civic League employed an internationally recognized independent consultant to study their concerns. Public Works had previously completed a drainage study to size the canal, which the Lake James Civic League's consultant concurred with the bypass canal concept and size. The project requires design completion, environmental permitting, and construction document preparation before construction can commence. From our experience working with the regulatory agencies to obtain permits, and including the design and contract preparation time, we know that approximately one year is needed to be ready to advertise for construction. This is an external reality beyond our control, and impacts all stormwater projects. This places the earliest possible construction start in FY 2001-02 regardless of how much construction funding is available at this time. To achieve this accelerated construction schedule and maintain project momentum, Public Works has reallocated work assignments and will request an approximate $25,000 internal budget transfer to complete the design, commence the permitting request process, and prepare the construction documents with in- house forces this year. Dependent on permit request results, we expect to accelerate construction start to FY 2001-02. In view of this, movement of the CIP funds fi.om FY 2001-02 into FY 2000-01 is not required as recommended. In addition, Public Works/Operations is currently cleaning the outlet canal from Lake James to Indian River Road to provide optimum flow of storm water during storm events. James K. Spore June 12, 2000 Page 2 Public Works will inform the Lake James Civic League of the City's plan of action. Please let me know if any additional information is required. Public Works Director EDB/MAJ/po cc: John W. Herzke -8- CITY COUNCIL COMMENTS ITEM # ,16686 Mayor Oberndorf referenced a concern from a citizen relative the side of Home Depot's building on Princess Anne Road appeared to be too close to the road. City Staff has reviewed the approval of this application and Home Depot has not violated any stipulations in their construction. There will be fifieen feet of vegetation to buffer this side of the site. June 6, 2000 -9- ITEM # 46687 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, June 6, 2000, at 12.'38 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 and Vice Mayor William D. Sessoms, Jr. Council Members Absent: A. M. "Don" Weeks June 6, 2000 - 10- ITEM # 46688 Vice Mayor Sessoms, 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). To Wit: Annual Review of Council Boards and Commissions: Advertising Agency Selection Committee Arts and Humanities Commission Beaches and Waterways Commission Community Review and Allocation Board Hampton Roads Planning District Commission Hampton Roads Transportation District Health Services Advisory Board Minority Business Council Personnel Board Shore Drive Advisory Commission Social Services Board Towing Advisory Board Virginia Beach Community Development Corporation Appointees. PUBLICLY-HELD PROPERTY: Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly-held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.1-344(A)(3). To-Wit Acquisition - Centerville District 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 litigatingposition of the public body and consultation with legal counsel employed or retained by a public body regarding specific matters requiring the provision of legal advice by such counsel pursuant to Section 2.1-344(A)(7). To- Wit: FLSA Cases Michael T. Carey and Lewis Thurston v. City of Virginia Beach Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council voted to proceed into CLOSED SESSION. Voting: 1 O- 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 and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: A. M. "Don" Weeks (arrived at 12:55 P.M.) (Time of Closed Session: 12:40 P.M. to 2:25 P.M.) June 6, 2000 -Il- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL June 6, 2000 2:35 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June 6, 2000, at 2.'35 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 INVOCATION: Reverend Richard Yates Retired Beachlawn Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Wachovia Bank disclosed there were no other 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. June 6, 2000 Item V-E. -12- CERTIFICATION OF CLOSED SESSION ITEM # 46689 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 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: 1 O- 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" Wee~ Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III June 6, 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 # 46688, Page 10, 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. l~uth Hodges~Smith-~MMC City Clerk June 6, 2000 - 13- Item V-F. 1. MINUTES ITEM# 46690 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of May 23, 2000. 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 $. 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 June 6, 2000 -14- Item V-G.I. ADOPT AGENDA FOR FORMAL SESSION ITEM # 46691 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION The following shall be ADDED TO THE AGENDA: Ordinance to AMEND and REORDAIN ~ 2 - 4 of the City Code pertaining to Recognition of Police, Fire Companies and Rescue Squads as part of public safety program by ADDING Chaplains' aides and making housekeeping changes June 6, 2000 - 15- V-G. 2. PRESENTATION ITEM # 46692 Council Lady Henley advised the Manager of the Back Bay Wildlife Refuge would be out of the City and requested she deliver the check to the City of Virginia Beach for the Fiscal Year Revenue Replacement. Council Lady Henley read into the record accompanying correspondence During the recent series of public meetings hosted by the City of Virginia Beach regarding the preservation of Open Space, citizens expressed concerns relative the loss of revenue from removing open space form the tax base. The U.S. Fish and Wildlife Service and the United States Congress established the Refuge Revenue Sharing Act to expressively address these types of concerns. Under the Refuge Revenue Sharing Act, localities like Virginia Beach receive an annual share payment to help compensate for the revenue that would have been collected from taxes if Refuge Land were in private ownership. The Revenue Sharing Fund consists of net income from the sale of products or privileges within the National Wildlife Refuge system. Typically revenue sharing payments are based on 3/4 of l % of the fair market value of the land. However, since there has been insufficient funds in the revenue sharing account since the early 1980s, Congress has been authorized to use appropriated funds to make up the difference. Congress decides the actual amount of the payment each year. During the period for Fiscal Year 1990 thru Fiscal Year 1999, the City has received $2,342,715 in revenue sharing payments. Council Lady Henley presented the Annual Revenue Sharing Payment "in lieu of taxes' in the amount of $185,025, from the U.S. Fish and Wildlife Service. June 6, 2000 -16- ORDINANCES/RESOL UTIONS ITEM # 46693 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED APPROVED, B Y CONSENT, Items 2, 3, 4 and 5 of the CONSENT AGENDA. Voting: ! I- 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 Council Lady McClanan voted a Verbal Nay on Item H.2. June 6, 2000 -17- V-H. 1. ORDINANCES/RESOL UTIONS ITEM ii 46694 The following registered to speak in SUPPORT: Rick Murphy, 2436 Esplanade Drive, Phone: 468-2496 Bonnie Garin, 2441 Esplanade Drive, Phone: 430-1066 The following registered to speak in OPPOSITION: Doug Hovermale, 2341 Esplanade Drive, Phone: 430-0668 Upon motion by Council Lady Henley, seconded by Councilman Harrison, City Council ADOPTED: Ordinance DECLARING certain City right-of-way EXCESS property at Fox Fire subdivision and AUTHORIZING the City Manager to convey same to the adjacent twenty-four (24) property owners, (value of the property to be determined by fair market value appraisal); the City shall retain the right to reserve a 20' drainage and utility easement. 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 June 6, 2000 1 2 3 4 5 AN ORDINANCE DECLARING CERTAIN PROPERTY EXCESS AND AUTHORIZING CITY MANAGER TO' CONVEY SAME TO THE ADJACENT TWENTY-FOUR (24) OWNERS. 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the City of Virginia Beach acquired ownership of the hereinafter described property by deed recorded in Deed Book 2417, at page 1540; and WHEREAS, the City Council is of the opinion that the property is in excess of the needs of the City of Virginia Beach and should be sold to the adjacent twenty-four (24) landowners; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the following described property is hereby declared to be in excess of the needs of the City of Virginia Beach and that the City Manager is hereby authorized to convey the property to the adjacent twenty-four (24) landowners. The following property shall be sold and is more particularly described as follows: All that certain lot, piece or parcel of land situate in the Princess Anne Borough of the City of Virginia Beach, Virginia, and designated and described as "PROPERTY TO BE DECLARED EXCESS OF THE CITY'S NEEDS SHOWN ON ATTACHED DRAWING MARKED EXHIBIT "A" a copy of which is attached hereto as Exhibit A. IT BEING the same property conveyed to Grantor by deed dated April 18, 1985, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2417, at Page 1540. 2. The value of the property will be determined by a fair market value appraisal and said amount is to be the sale price of the subject property. The City shall retain 2 9 the right to reserve a 20' drainage and utility easement over the land and such other property 32 33 34 day of This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 6 June 2000. , 35 36 37 38 CA- ORDIN~NONCODE R-1 PREPARED: April 14, 2000 APPROVED AS TO CONTENT P~lic Works APPROVED AS TO LEGAL SUFFICIENCY ~~ Department of Law '15 PROPOSED BIKE ROUTES WEST NECK CREEK AREA SCALE 1" - 1,600' MAY 2, 2000 ~ PROPOSED BIKE --, m ,-,, 66' STRIP SOLD 66' STRIP OWNED ~ BY CITY I I I PUBLIC HEARING SALE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the sale of a 66' abandoned railroad right of way of City owned property, Tuesday, May 23, 2000 at 6:00 PM in the City Council Chamber. The property is located through the Fox Fire Subdivision adjacent to Lots 199 through 211, Lots 229 through 233, Lots 262 through 270, Lots 279, 280, 299, and 300. The purpose of this hearing will be to obtain public input to decide whether this property should be declared "Excess of the City's Needs", and sold. Any questions concerning this matter should be directed to the Department of Public Works, Real Estate Division, 2405 Courthouse Drive, Virginia Beach, VA 23456. The telephone number for the Real Estate Agent handling this matter is (757)427-4161. If you are physically disabled, or hearing or visually impaired, and you need assistance at this meeting, please call (757)427-4305 Voice/TDD. Ruth Hodges Smith, CMC/AAE City Clerk THE BEACON MAY 14, 2000 PUBLIC HEARING SALE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the sale of a 66' abandoned railroad right of way of City owned property, Tuesday, May 23, 2000, 6:00 PM in the City Council Chamber. The property is located through the Fox Fire Subdivision adjacent to Lots 199 through 211, Lots 229 through 233, Lots 262 through 270, Lots 279, 280, 299, and 300. The purpose of this hearing will be to obtain public input to decide whether this property should be declared "Excess of the City's Needs", and sold. Any questions concerning this matter should be directed to the Department of Public Works, Real Estate Division, 2405 Court- house Drive, Virginia Beach, VA 23456. The telephone number for the Real Estate Agent handling this matter is (757) 427-4161. If you are physically disabled, or hearing or visually impaired, and you need assistance at this meeting, please call (757) 427-4305 Voice/TDD. Ruth Hodges Smith, MMC City Clerk - 18- V-H.2. ORDINANCES/RESOL UTIONS ITEM it 46695 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance to AMEND the Agricultural Lands Preservation Ordinance to permit certain uses as "agricultural" uses; redesignating the area of the city in which the Agricultural Reserve Program applies; AMEND certain requirements re the repurchase of development rights and exchange of easements; and, to make specific technical corrections. Voting: lO-1 (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, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: Reba $. McClanan Council Members Absent: None June 6, 2000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 AN ORDINANCE TO AMEND THE AGRICULTURAL LANDS PRESERVATION ORDINANCE BY PERMITTING CERTAIN USES AS "AGRICULTURAL USES," REDESIGNATING THE AREA OF THE CITY IN WHICH THE AGRICULTURAL RESERVE PROGRAM APPLIES, AMENDING CERTAIN REQUIREMENTS REGARDING THE REPURCHASE OF DEVELOPMENT RIGHTS AND EXCHANGE OF EASEMENTS, AND MAKING CERTAIN TECHNICAL CORRECTIONS Sections Araended: Agricultural Lands Preservation Ordinance Sections 3, 4, 6, 7, 8, 9, 10, 11, and 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 3, 4, 6, 7, 8, 9, 10, 11, and 12 of the Agricultural Lands Preservation Ordinance be, and hereby are, amended and reordained to read as follows: Sec. 1. Title. This Ordinance shall be known as the "Agricultural Lands Preservation Ordinance of the City of Virginia Beach." 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Sec. 2. Purpose. The purpose of this Ordinance is to promote and encourage the preservation of farmland in the rural southern portion of the City, where agricultural uses predominate, by means which are voluntary, rather than regulatory. The preservation of farmland will promote and enhance agriculture as an important industry which contributes to the maintenance of a diverse and healthy local economy. In addition, the preservation of farmland will: (a) Preserve the rural character of the southern portion of the City; (b) Conserve and protect environmentally sensitive lands, waters and other resources; (c) Reduce and defer the need for major urban infrastructure improvements in the southern portion of the City and the expenditure of public funds for such improvements; (d) Preserve open space; and 38 39 (e) Assist in shaping the character, direction and timing of community development. 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 66 67 68 69 Sec. 3. Findings. Agriculture is an integral component of the City's economy. Agriculture, tourism and the military are the three ~ major industries in Virginia Beach, and maintaining the continued vitality of all three ~ is necessary in order to achieve and preserve a balanced tax base and a diverse, healthy economy benefitting all of the citizens of the City. Agriculture is more, however, than just an important facet of the City's economy. It is an equally important part of the City's cultural heritage, having existed, and flourished, in Virginia Beach for more than three ~ centuries. Just as agriculture contributes to the diversity of the City's economy, so does it contribute to the diversity of the City's character. Notwithstanding the economic and cultural importance of agriculture, its continued viability in Virginia Beach is unsure. The amount of farmland within the City, both north and south of the Green Line, has dwindled from approximately fifty-one thousand (51,000) acres in 1982 to about thirty thousand (30,000) acres in 1993. More farmland is converted to residential and other nonagricultural uses every year. Because of the fundamental incompatibility between agricultural and residential uses, as more and more farmland is converted to residential subdivisions, farmers are often forced to alter or cease certain practices, to the detriment of their businesses, or are discouraged from making investments in farm improvements, or both. The result is the decline of agriculture. As the Comprehensive Plan recognizes, effective and affirmative agricultural preservation strategies must be implemented. Agricultural preservation is an important economic, environmental, land use, and cultural issue. 2 7O 71 72 73 74 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 Sec. 4. Definitions. (a) Accessory use means a use which is clearly incidental to, and customarily found in connection with, the principal use of the same parcel or group of contiguous parcels under common ownership and operated as an agricultural enterprise. (b) Agricultural land preservation easement or preservation easement means a nonpossessory interest in land, perpetual in duration, pursuant to which the exercise of development rights on the subject property is prohibited. (c) Agricultural support service means a commercial operation upon which the agricultural industry generally depends. The term includes, but is not limited to, suppliers of fertilizer, seed and plant protection products, equipment dealers and large-scale buyers of farm products. (d) Agricultural use means the bona fide production of crops, animal or fowl, including, but not limited to, the production of fruits, vegetables, honey, grains, meat, poultry and dairy products; the raising of livestock and poultry; and the production and harvest of products from horticultural, silvicultural or aquacultural activity. The term also includes (i) the repair, expansion or replacement of no more than one (1) bona fide dwelling occupied by the landowner or tenant as of the date of application for entry in the agricultural reserve program and no more than one (1) freestanding mobile home, as permitted by Section 19-19 of the City Code;--a~d (ii) accessory or conditional uses directly related to agricultural activities conducted on the same property, including the sale of agricultural products permitted by Section 401(b) of the City Zoning Ordinance and doq kennels, riding academies, horses for hire or boardinq of horses allowed under Section 401(a) of the City Zoninq Ordinance; (iii) recreational and amusement activities allowed under Section 401 (c) of the City Zoninq Ordinance; and (iv) septic tanks and drainfields approved by 3 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 the Health Department and which cannot be located within an area not encumbered by an aqricultural land preservation easement.. The term does not include the processing of agricultural, silvicultural, horticultural or aquacultural products, except as an accessory use. (e) Animal unit, as used in the farmland ranking system, means a unit of measurement equal to one thousand (1,000) pounds of live body weight of livestock. (f) Batch means a grouping of contiguous parcels for purposes of making application for the sale of development rights. (g) City attorney means the city attorney or his designee. (h) City manager means the city manager or his designee. (i) Commission means the agricultural advisory commission. (j) Development right means the right to develop property for any use other than an agricultural use. The term includes, but is not limited to, the right to develop property for any commercial, industrial or residential use except as expressly permitted by this Ordinance. (k) Director means the director of the department of agriculture or his designee. (1) Farmland ranking system or system means the formula by which applications for the sale of development rights are ranked in order of priority of acquisition of such rights. (m) High-value crops means crops which require intensive management and greater than normal inputs. Examples include, but are not limited to, strawberries, blackberries, sweet corn, sweet potatoes, tomatoes, lima beans, green beans, pumpkins, watermelons, cantaloupes and Christmas trees. (n) Landowner means the equitable owner of the fee simple title to a parcel of land or, with respect to a parcel not encumbered by a deed of trust or mortgag%, the legal owner of such 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 title. Where more than one person or entity is the legal or equitable owner, the term refers to all such persons jointly. (o) Parcel means a lot or tract of land, lawfully recorded in the clerk's office of the circuit court of the City of Virginia Beach. (p) Program means the established by this Ordinance. agricultural reserve program (q) Significant timber harvest means a merchantable harvest for the commercial market. The term does not include minor harvests for such things as firewood, poles, posts, blind material or greenery. Sec. 5. Agricultural reserve program. There is hereby established the agricultural reserve program of the City of Virginia Beach, which shall be a program by which the City acquires, in accordance with the provisions of this Ordinance and to the extent of available funding, the development rights on eligible parcels of farmland in the areas of the City described in section 6. The acquisition of development rights shall be accomplished by the purchase of agricultural land preservation easements upon such parcels. In conjunction with the program, the city manager is hereby authorized and directed to establish, subject to the approval of the city council and applicable requirements of law, methods of payment for such easements, including, but not limited to, incurring long-term obligations in the nature of installment purchase agreements pursuant to which the City pays to the landowner interest only on an annual basis for a period of years and principal at the expiration of such period. Sec. 6. Applicability. (a) The agricultural reserve program shall apply in that portion of the City~ ................... ~=~ ~= G~een Line, ~o-- delineated on the map entitled "AREA OF APPLICABILITY, AGRICULTURAL RESERVE 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 PROGRAM," dated June 2000, which map is on file in the Department ~-- the Comprehensive ..... except in those areas of Aqriculture, ~, ~ d--~nated therein ......... ~=~ ....... i ................. Area ~T and ~ under the ownership or control of the United States of America or the Commonwealth of Virginia, or an agency or instrumentality thereof. (b) Nothing in this Ordinance shall be construed as a limitation upon the City's authority to acquire land for public purposes other than those set forth in this Ordinance. Sec. 7. Eligibility criteria. Preservation easements may be purchased only upon pz~rct~-~ property meeting all of the following criteria: (a) The ~ property shall be no less than ten (10) acres in area, or be included in a batch in which the combined area of contiguous ~ property is no less than ten (10) acres in area. (b) The ~ property shall be wholly located within a residential zoning district, an AG-1 or AG-1 Agricultural District or a P-1 Preservation District, or any combination of such zoninq districts; (c) The p~wt~r property shall be capable of being subdivided or developed for nonagricultural uses without the approval of the city council; (d) The p~rt-e-~ property shall be located within that portion of the city described in Section 6; (e) The ~ property shall not contain any land required to be reserved or set aside for open space, recreation or similar purposes pursuant to the provisions of a conditional use permit, conditional zoning agreement, subdivision variance, or other action by the city council~ or any ordinance or regulation; 6 196 197 198 199 200 201 202 203 204 (f) No uses or structures, other than those permitted by preservation easements, shall be located upon the p~ce~r property; and (g) No portion of the ~ property shall contain any of the following soil types: (2) (3) (4) Back Bay Mucky Peat; Dorovan Mucky Peat; Nawney Silt Loam; or Pamlico Mucky Peat, Ponded. 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 Sec. 8. Application; evaluation. (a) Applications to sell development rights shall be on a form prescribed by the director and shall be signed by the landowner and submitted to the director. The director may require supporting documentation, including deeds, surveys or other legal instruments, to be submitted with the application. A landowner may submit an application for each parcel or may submit a single application for more than one contiguous parcel. Applications for batched parcels shall follow the same procedure, but shall be signed by all landowners. (b) The director shall review each application to determine whether the eligibility criteria set forth in Section 7 are met and all required information is provided, and shall notify the landowner of his determination. Incomplete or otherwise deficient applications shall be rejected and returned to the landowner with a statement of reasons for the rejection. (c) In the event a parcel, or portion thereof, fails to meet the eligibility criteria set forth in Section 7, ~ such parcel, or portion thereof, shall not be considered for inclusion in the program. In the event the ineligibility of a parcel, or portion thereof, renders the remaining ~ property which are is the subject of the application ineligible, none of the pz~rt~3-1-~ property shall be considered for inclusion. 7 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 (d) In the event available fundinq is insufficient to purchase the development riqhts on all properties which are the subject of pendinq applications under this ordinance, the The director shall evaluate each application, using the criteria of the farmland ranking system set forth in Section 12, and shall ascertain all necessary facts and information for ranking the priority of acquisition of the lands included in the application. In performing such evaluation, the director may request the assistance of such other city departments and agencies as may be appropriate and beneficial. The evaluation shall include a recommendation for the number of farmland ranking system points to be assigned to the application. No later than ninety (90) days after receipt of the completed application, he shall forward a copy of the evaluation to each member of the commission and to the city manager and the landowner. (e) The submission of an application shall not be deemed to constitute a binding contractual offer to convey any interest in the landowner's property, but shall be revocable at will by the landowner prior to the execution of an installment purchase agreement, without penalty. Sec. 9. Review of applications by commission. (a) In the event available fundinq is insufficient to purchase the development rights on all properties which are the subject of pendin~ applications, The the commission shall, at a regular or special meeting called for such purpose, review applications and evaluations provided by the director and shall make a determination of farmland ranking system points to be assigned to each application. Its determination shall be final and unappealable. In the event of disagreement among the members of the commission as to the number of points to be assigned to a given application, each member shall state the number of points he believes should be assigned and the average number of points so obtained, rounded upwards to the nearest point, shall constitute 8 261 262 263 264 265 266 267 268 269 270 271 272 the action of the commission. The secretary of the commission shall promptly transmit a report of the commission's action to the city manager. (b) All discussion and deliberation concerning the evaluation of applications and assigning of points shall be conducted in open session, notwithstanding any contrary provision of the Virginia Freedom of Information Act. (c) No member of the commission shall be disqualified from selling the development rights on any parcel in which he has a financial interest by reason of his membership, but such transactions shall be governed by the Virginia State and Local Government Conflict of Interests Act. 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 Sec. 10. Procedure for acquisition of development rights. (a) u~ zecezpt of .... ~= repozt of .... ~= co~ission, ~= The city manager shall ascertain the value of the development rights of the property, which value shall be equal to the difference between the fair market value of the property without encumbrance by a preservation easement and the fair market value of the property so encumbered. The city manager is hereby authorized, but not required, to contract with qualified appraisers in ascertaining the value of the development rights. (b) The city manager shall ~ communicate to the landowner, or the designee of the landowner, in writing, an offer to purchase the development rights of the subject property. Prior to ~ communicating any such offer, however, the city manager may seek the approval of the city council therefor. Such offer shall be in an amount determined by the city manager to represent the value of such development rights and shall be subject to available funding~ ~ the approval of the city council, and such other terms and conditions as the city manaqer may deem appropriate. It shall also be conditioned upon the absence of any defects in title or other restrictions or encumbrances which may, 9 293 294 295 296 297 298 299 300 301 302 303 304 3O5 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 in the opinion of the city attorney, adversely affect the city's interests in accomplishing the purposes of this ordinance. (c) In the event an agreement as to the termsa~,~ ............ ~~ions u~ purchase, ~.~~..~ ~ purchase price a..u manner of ~.~nt, :- reached with the offer is accepted by the landowner, the city manager shall place the matter before the city council for approval. The city council may approve the purchase of development rights only with respect to such applications for which there is available funding, in a priority determined by points assigned under the farmland ranking system, and only upon finding that the proposed terms and conditions of purchase, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of this ordinance. In the event there is sufficient available funding for the purchase of only a portion of the property included in an application, the landowner shall be given the opportunity to submit a revised application including a lesser amount of property. ~ If an agreement of purchase~o~- not reached after ~==oo,,=~= efforts have .......... ~==~ ,,,=~= to negotiate ~,~=~.y acceptable ~,,u~=,~,, ~.,u shall cease ~u=~,,== negotiations. {e) (d} Consideration of applications which are the subject of an agreement of purchase, but for which there is insufficient available funding in the then-current fiscal year, shall be deferred to the next fiscal year or until such other time as available funding is sufficient unless the landowner withdraws the application. No preference shall be given to such applications except as indicated by the farmland ranking system. ~ (e} Within ten (10) days after the acquisition of a preservation easement, the planning director shall cause to be made on the official zoning map a notation of such acquisition and the date thereof. 10 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 Sec. 11. Nature of rights acquired; repurchases; exchanqes. (a) No interest in land other than a perpetual agricultural land preservation easement shall be acquired by the City pursuant to the provisions of this Ordinance, and no such interest shall be acquired by the exercise of the power of eminent domain. (b) The acquisition of a preservation easement by the City shall not extinguish any rights of the landowner except for the right to develop the property for any use other than an agricultural use, and shall not confer upon the public any right of entry or access, or any other rights, express or implied. (c) Upon the expiration of twenty-five (25) years from the date on which a preservation easement is recorded, the landowner or successor in interest to the property which is subject to the easement may petition the city council to repurchase the development rights on such property. The city council may, by vote of no less than three-fourths of all of its members, and in accordance with all other procedural requirements then governing the sale of municipal interests in land, authorize the sale of such development rights to the petitioning party at the then-current fair market value of such development rights and upon such terms and conditions as may be fair and reasonable. No such sale shall be authorized, however, unless the city council ~-i~ determines by ordinance that~ ~ (1) the sale of such development rights is essential to the orderly development and growth of the CityT~ and ~-~(2) the development of the property for nonagricultural uses would not be in conflict with the Comprehensive Plan then in effect. (d) In each instance in which development rights to property are sold by the City, other preservation easements of (i) at least equal fair market value, (ii) of qreater value as permanent open space, and (iii).of as nearly as feasible equivalent usefulness and location for use as permanent open-space land as the property which 11 359 360 361 362 363 364 365 366 is the subject of the petition of approximately equivalent usefulness for the accomp ............... purposes of thio shall be acquired wz~. a ~=ao~.~= ~..,= not =~=u~.~ one (t) ~, unless the city council determines by ordinance that: (i) ~ the preservation easements upon the property which is the subject of the petition are is no longer needed, (ii) that substitution of other preservation easements is not feasible, and (iii) that no state or federal funds were used in connection with 367 368 369 370 371 372 373 374 375 376 377 378 379 38O 381 382 383 384 385 386 387 388 389 390 391 the acquisition of the development riqhts upon the property which is the subject of the petition. (e) Notwithstanding any other provision of this section, at any time after a preservation easement on a parcel has been acquired, the landowner may petition the city council for the extinguishment of such easement in exchange for the conveyance to the City of a preservation easement on a different portion of the landowner's property meeting all of the eligibility criteria set The city council shall approve such exchange forth in Section 7. upon a finding that: (1) The acquisition of the proposed preservation easement in lieu of the existing easement does not adversely affect the City's interests in accomplishing the purposes of this Ordinance; (2) The proposed easement area meets all of the eligibility requirements set forth in Section 7 of this Ordinance; and (3) ~h=~ value of .... ~= development r~o of the I~ ..... propos--~ for exchangeKo~-no less ...... ~ the value of the ........ f ................. the ' ' g ~o O ~= ~,~ u~ .~ existln easement ~ The exchanqe complies with the requirements of subsection (d). (f) The consideration for any acquisition of a preservation easement pursuant to subsection (e) shall consist solely of the extinguishment of the existing preservation easement. 12 392 393 394 395 396 397 398 399 40O 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 Sec. 12. Farmland ranking system. (a) The farmland ranking system is hereby adopted. The system shall be the sole means by which the priority of acquisition of development rights under the program is determined when available funding is insufficient to purchase the development rights on all available ~ property which are is the subject of ~ applications for the ~ri-cgta~ sale of such rights. The number of farmland ranking system points assigned to property shall not be used in determining the value of development rights or the amount of any offer to purchase such rights. (b) There shall be five evaluation under the system. (5) categories of criteria for In each such category, certain factors descriptive of the characteristics of ~ property souqht to be included in the aqricultural reserve proqram are included. Each factor is assigned a numerical weight signifying its importance relative to all other factors in that category. Each factor is also stratified into a range of possible point values ranging from zero (0) to ten (10). To determine the total points assigned to a parcel or batch such property, the value~ for all five (5) categories are added. Parcels or batches Property having the highest total scores shall be those ranking rank highest in priority of acquisition. The maximum total score is 100 points. The categories, with their respective factors and weights, are as follows: (1) Quality of the farmland (productivity capability) constitutes thirty-five (35) percent of the number of points in the system. Factors and weights are as follows: A. Size of farm (Weight = 10) 100 acres or more 10 60 to 99 acres 7 20 to 59 acres 4 10 to 19 acres 2 13 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 C. D. E. F. Less than 10 acres 0 Soils--Percentage in United States Department of Agriculture Natural Resources Conservation Service Land Capability Capability Class 1, (Weight = 10) 80% or more 60 to 79% 40 to 59% 20 to 39% Less than 20% Classification System Land 2E, 2W, 3W, and 4W undrained 10 8 6 3 0 80% or more 60 to 79% 40 to 59% 20 to 39% Less than 20% Percentage of farm in cropland or pasture (Weight = 8) 10 7 4 2 0 On-farm agricultural infrastructure and improvements (Weight = 8) Unique regional services 10 Headquarters farm 9 Good farm buildings 7 Adequate farm buildings 3 No farm buildings 0 80% or more 60 to 79% 40 to 59% 20 to 39% Less than 20% Percentage of farm in high-value crops (Weight = 6) 10 7 5 3 0 Amount of animal units produced on the farm (Weight = 6) 250 animal units or more 10 150 to 249 animal units 8 75 to 149 animal units 5 14 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 (2) (3) 25 to 74 animal units Less than 25 animal units Circumstances supporting 3 0 agriculture constitutes twenty-five (25) percent of the number of points in the system. Factors and weights are as follows: A. Number of nonfarm rural residences within one-half mile of the farm (Weight = 10) 0 to 3 dwelling units 10 4 to 7 dwelling units 8 8 to 12 dwelling units 5 13 to 18 dwelling units 3 More than 18 units 0 Proximity of parcel to other farms with agricultural reserve program or other perpetual easements (Weight = 10) Contiguous Within 1/4 mile Within 1/2 mile Within 1 mile Greater than 1 mile 10 8 5 3 0 Proximity to significant or unique agricultural support services (Weight = 10) Contiguous 10 Within 1 mile 8 Within 2 miles 5 Within 3 miles 3 Greater than 3 miles 0 D. Batch application with contiguous parcels (Weight = 10) Contiguous 10 Not contiguous 0 Likelihood of conversion to nonfarm use (development pressure) constitutes twenty (20) percent of the number of points in the system. Factors and weights are as follows: 15 497 498 Urgency of circumstances (Weight = 10) favoring conversions 499 50O Farm subject to potential forced sale 10 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 Do Urgency of circumstances (Weight = 10) Farm subject to potential forced sale Farm subject to estate settlement sale Farm actively marketed. for voluntary sale Other 10 favoring conversions 6 0 residential Farm suitability for conversion -- Percentage of well or moderately well-drained soils on the farm (Weight = 6) 80% or more 10 60 to 79% 8 40 to 59% 6 20 to 39% 3 Less than 20% 0 Percentage of farm offered to agricultural reserve program (Weight = 10) 90% or greater 10 70 to 89% 6 Less than 70% 0 Amount of public road contiguous to farm (Weight = 10 8 7 4 0 10) 1,000 linear feet or more 600 to 999 feet 300 to 599 feet 100 to 299 feet Less than 100 feet Aesthetic value of forest on the farm (Weight = 8) No significant timber harvest within 20 years 10 4 2 Significant timber harvest within 10 to 20 years Significant timber harvest within 5 to 10 years Significant timber 16 541 542 543 544 545 546 547 548 549 55O 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 (4) (5) harvest within 5 years, land cut over within 10 years and not re- forested, or land cut over within 5 years and not reforested Environmental quality constitutes fifteen (15) percent of the number of points in the system. Factors and weights are as follows: ao Percentage of farm in upland forest swamp) (Weight = 10) (excluding 80% or more 10 60 to 79% 8 40 to 59% 6 20 to 39% 3 Less than 20% 0 Proximity to areas identified as having high environmental value, such as state or federal parks, areas within the Back Bay National Wildlife Refuge designated expansion boundary, exemplary wetlands, critical areas and endangered species habitat, as shown in "A Natural Areas Inventory of the City of Virginia Beach", Natural Heritage Technical Report 93-14 (Weight = 10) Contiguous 10 Within 1/2 mile 8 Within 1 mile 5 Within 1-1/2 miles 2 Greater than 1-1/2 miles 0 Proximity of farm to perennial stream or waterway (Weight = 10) Farm either includes or is adjacent to perennial waterway 10 Ail other 0 Historic, scenic, and application frequency constitutes five (5) percent of the number of points in the system. Factors and weights are as follows: Proximity to historic or cultural features (Weight = 6) On-farm exceptional features favorable to 17 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 preservation, as noted in the Reconnaissance Architectural Survey Report, City of Virginia Beach 10 Exceptional features favorable to preserva- tion within 1/4 mile Exceptional features within 1/2 mile Exceptional features further than 1/2 mile 0 Frequency of application submittal (Weight = 10) Third or more time 10 Second time 5 First time 0 601 602 603 604 605 606 607 Adopted by the City Council of the City of Virginia Beach on this 6th day of June, 2000. CA-6795 Wmm/ordres/arpamdmt s. ord R-3 May 2, 2000 18 - 19- V-H. 3. ORDINANCES/RESOL UTIONS ITEM it 46696 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance to APPROPRIATE $67,000 from the General Fund to provide an interest-free loan to the Kempsville Volunteer Rescue Squad re a replacement ambulance. 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 tVilliam D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None June 6, 2000 1 2 3 4 5 6 AN ORDINANCE TO APPROPRIATE $67,000 FROM THE GENERAL FUND, FUND BALANCE FOR THE PURPOSE OF PROVIDING AN INTEREST-FREE LOAN TO THE KEMPSVILLE VOLUNTEER RESCUE SQUAD FOR THE PURCHASE OF A REPLACEMENT AMBULANCE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 WHEREAS, the Kempsville Volunteer Rescue Squad ("Rescue Squad") has determined that it is not feasible to continue to use one of its current ambulances, given its high mileage and reliability problems; WHEREAS, the Rescue Squad does not presently have adequate funds to purchase a replacement ambulance, 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 $67,000; and WHEREAS, the Rescue Squad has previously received interest- free loans from the City and 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 $67,000 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 ambulance; 2. That the loan is to be repaid in (4) equal annual installments of $16,750 due on the 30th day of June each year, with the first payment to be made on or before June 30, 2001 and the last payment to be made on or before June 30, 2004. Adopted by the Council of the City of Virginia Beach, Virginia, on the 6 day of June , 2000. Requires an affirmative vote by a majority of the members of the City Council. 33 34 35 36 CA7724 F: ~Data~ATY~Ordin~NONCODE~Kempsville Vol Res. ord.wpd R-2 May 31, 2000 37 APPROVED AS TO CONTENT 38 40 Management Serv±c% ~~/~__ APPROVED AS TO LEGAL SUFFICIENCY c rgy~~'~ - 20 - V-H4. ORDINANCES/RESOL UTIONS ITEM # 4669 7 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Resolutions referring to Planning Commission proposed amendments re large retail developments and to direct the Planning Commission to forward its recommendations thereon to the City Council by July 14, 2000.: Amendments to 3g 111, 901, 1511 and 1521 of the City Zoning Ordinance (CZO), and adding a proposed new 3g 240.1 Amendments to the Comprehensive Plan re design guidelines 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 S. McClanan, Mayor Meyera E. OberndorJ;, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M "Don" Weeks Council Members Voting Nay: None Council Members Absent: None June 6, 2000 1 2 3 4 5 6 A RESOLUTION REFERRING TO THE PLANNING COMMISSION PROPOSED AMENDMENTS TO SECTIONS 111, 901, 1511 AND 1521 OF THE CITY ZONING ORDINANCE, AND A PROPOSED NEW SECTION 240.1 PERTAINING TO CERTAIN LARGE RETAIL DEVELOPMENTS 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O WHEREAS, large retail establishments, whether in the form of single establishments or shopping centers, provide the City and its citizens with significant benefits, they can also have significant visual, environmental, economic, traffic and other impacts upon the community; and WHEREAS, the development of large retail establishments is permitted as a matter of right in the B-lA, B-2, B-3, B-4, RT-2 and RT-3 Zoning Districts, and under existing zoning regulations, the City has little control over the siting, design, and other characteristics of such establishments; and WHEREAS, it is the sense of the City Council that, in light of the potential impacts of large retail establishments, their siting, design, and other characteristics should be more closely regulated than is possible under existing zoning regulations; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: There is hereby referred to the Planning Commission, for its consideration and recommendation, proposed amendments to Sections 111 (definitions), 901 (use regulations in Business Districts), 1511 (use regulations in the RT-2 Zoning District) and 1521 (use regulations in Section 240,1 retail establishments), of the City Zoning Ordinance. of such proposed amendments is hereto attached. the RT-3 Zoning District), and a proposed new (standards for conditional use permits for large A true copy 31 32 33 34 35 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Planning Commission is hereby directed to make and transmit its recommendation to the City Council by no later than July 14, 2000. 36 37 38 39 4O 41 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 6 day of .l,,n~ , 2000. CA-00-7727 wmm~ordres~retailestablish.res R-1 May 30, 2000 APPROVED AS TO CONTENT Planning Department APPROVED AS TO LEGAL Department of l_aw 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 AN ORDINANCE TO AMEND SECTIONS 111, 901, 1511 AND 1521 OF THE CITY ZONING ORDINANCE AND ADD NEW SECTION 240.1, PERTAINING TO LARGE RETAIL ESTABLISHMENTS Sections Amended: §§ 111, 901, 1511 AND 1521 Section Added: § 240.1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 11t, 901, 1511 and 1521 of the City Zoning Ordinance are hereby amended, and a new Section 240.1 is hereby added, to read as follows: Sec. 111. Definitions. For the purpose of this ordinance, words used in the present tense shall include the future; words used in the singular number include the plural and the plural the singular; the use of any gender shall be applicable to all genders; the work "shall" is mandatory; the word "may" is permissive; the word "land" includes only the area described as being above mean sea level; and the word "person" includes an individual, a partnership, association, or corporation. In addition, the following terms shall be defined as herein indicated: Retail establishment. Any buildinq used for the display and sale of merchandise to the general public at retail. Shoppinq center. A qroup of two (2) or more retail or other commercial establishments havinq any or all of the followinq characteristics: (a) The establishments are connected by party walls, partitions, canopies or similar features; 33 (b) Some or all of the establishments are located in separate 34 35 36 37 buildings which are designed as a single commercial group sharing common parking areas and vehicular ways and which are connected by walkways or other accessways; The establishments are under the same management or 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 6O 61 association for the purpose of enforcing reciprocal agreements controlling management or parking; or The establishments are structurally designed in an integrated fashion around or along the sides of a promenade, walkway, concourse or courtyard. COMMENT The City Zoning Ordinance currently lacks a definition of the term "retail establishment." The inclusion of the proposed definition is intended to rectify that omission. The definition of the term "shopping center" is included in light of the amendments requiring conditional use permits for large retail developments set forth in the proposed Section 240.1. Sec. 240.1. Larqe retail developments. (a) The City Council finds that: (1) While retail establishments, whether in the form of single establishments or shopping centers, are critical to the continued economic vitality of the City and to the well-being of its citizens, they can also have significant aesthetic, economic, traffic-related and other impacts upon the community; (2) Because the viability of retail establishments depends in large part upon high visibility from public streets and location in busy areas of the City, their building and site design has an especially significant impact upon the character 2 62 63 64 65 66 67 68 69 7O 71 72 73 74 75 76 77 78 79 80 81 82 83 and attractiveness of the City in qeneral and its streetscapes in particular; (3) The protection and enhancement of the positive aesthetic qualities of the City, includinq its commercially developed areas, has a direct and substantial bearinq upon its continued economic vitality, especially in liqht of the City's reliance upon the economic benefits provided by its tourism industry; and (4) As noted by the Virqinia General Assembly, the visual environment confronted by individuals in their daily routines has a profound effect on personal attitudes and productive capacities. (b) It is the intent of the City Council in adopting this section to promote retail development which utilizes hiqh-quality desiqn and buildinq features in such manner as to enhance the functional, as well as aesthetic, attributes thereof, and thereby to protect and enhance the continued positive economic development of the City, its businesses and its citizens. (c) The provisions of this section shall apply to retail establishments and shoppinq centers havinq a total of 80,000 qross square feet or more of floor area and to additions or expansions 84 85 86 87 88 89 thereof where the gross square footaqe of floor area is increased by fifty per cent (50%) or more and the resultinq floor area will equal or exceed 80,000 qross square feet. (d) In addition to the information required by Section 22~(a), an application for a conditional use permit shall include the followinq: 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 (1) A plan of (2) (e) 220, in a larqe development showing structures and other all proposed improvements, other existing buildings, landscaping, areas features are to be preserved, environmentally sensitive areas, siqnaqe, lightinq and parking where trees or elevations showinq areas; Building the architecture, materials and colors of proposed buildinqs; analysis traffic employee pedestrial circulation, projected traffic impact A traffic of existinq qeneration, qeneral traffic and customer parkinq, service and loading areas, impact study which includes an conditions, projected circulation, upon existinq roadways, and roadway improvements unavoidable traffic impacts. standards set forth in Section for a conditional use permit for City Council shall consider the required to mitigate In addition to the qeneral acting upon applications retail development, the the proposed development conforms to the Larqe Retail Establishments set forth Comprehensive Plan. extent to which Guidelines For Appendix to the The proposed amendments: COMMENT Set forth certain findings of the City Council; Declare the intent of the City Council in adopting the amendments; Desiqn in the (a) (b) (c) require conditional use permits for retail establishments and shopping centers having a total of 80,000 gross square feet or more of floor area and for additions or expansions thereof where the gross square footage of floor area is increased by 50% or more and the resulting floor area will equal or exceed 80,000 gross square feet; (d) require certain information to be submitted in connection with a conditional use permit application, in addition to the general information required of all such applications; and 4 122 123 124 125 126 12 7 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 (e) requires the City Council to consider the exte~ to which a proposed development con~rms to the Design Guidelines For Large Retail Establishments set ~rth in the Appendix to the Comprehensive Plan. Sec. 901. Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the B-1 through B-4 Business Districts. Those uses and structures in the respective business districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Use B-1 B-lA B-2 B-3 B-3A B-4 Retail establishments other than those listed separately, and those subject to the provisions of Section 240.1, including the inci- dental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms and lots, provided that yards for storage of new used building materials or yards for any scrap or salvage operations or for storage or display of any scrap, salvage or second- hand building materials or auto- mobile parts shall not be allowed, and further provided that adult book stores Shall be prohibited from locating within five hundred (500) feet of any apartment X P P P P P 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 or residential district, single- or multiple-family dwelling, church, park, or school Retail establishments subject to the pro- visions of Section 240.1 Shopping centers except as subiect Section 240.1 Shoppinq centers subject to the provisions of Sections 240.1 x_ p P _P R P COMMENT The amendments establish retail establishments and shopping centers which are subject to the provisions of new Section 240.1 as conditional uses in the B-lA, B-2, B-3, B-3A and B-4 Business Districts and maintain the existing regulations as to retail establishments and shopping centers not subject to Section 240.1. Section 240.1, which is set forth above, requires conditional use permits for retail establishments and shopping centers having a total of 80,000 gross square feet or more of floor area and for additions or expansions thereof where the gross square footage of floor area is increased by fifty per cent (50%) or more and the resulting floor area will equal or exceed 80,000 gross square feet. 195 .... 196 Sec. 1511. Use regulations [RT-2 Resort Tourist District]. 197 (a) Principal uses and structures: For parcels less than 198 fourteen thousand (14,000) square feet in size, any one of the 199 following is allowed; provided, however, that drive-through 200 201 202 203 204 205 206 facilities shall not be permitted as a principal or accessory use: · · · · (17) Retail establishments, other than those subject to the provisions of Section 240.1, including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms and lots, provided that yards for storage of new or used building 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 materials or yards for any scrap or salvage operations or for storage or display of any scrap, salvage or secondhand building materials or automobile parts shall not be allowed, further provided that adult bookstores shall be prohibited from locating within five hundred (500) feet of any apartment or residential district, single- or multiple-family dwelling, church, park or school. (17.5) Shoppinq centers, other than those subject to the provisions of Section 240.1. (c) Conditional uses and structures: Uses and structures hereinafter specified, subject to compliance with the provisions of part C of article 2 hereof; provided, however, that except as set forth in subdivision (5.5), drive-through facilities shall not be permitted as a conditional or accessory use: (17.5) Retail establishments subject to the provisions of Section 240.1. (18.5) Shoppinq centers subject to the provisions of Section 240.1. COMMENT The amendments establish retail establishments and shopping centers which are subject to the provisions of new Section 240.1 as conditional uses in the RT-2 Resort Tourist District and maintain the existing regulations as to retail establishments and shopping centers not subject to Section 240.1. Sec. 1521. Use regulations [RT-3 Resort Tourist District). (a) Principal uses and structures: For parcels less than twenty thousand (20,000) square feet in size, any one (1) of the following is allowed; provided, however, that except as provided in 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 subdivision (5.5) of subsection (c), drive-through facilities shall not be permitted in any portion of the district: (18) Retail establishments, other than those subject to the provisions of Section 240.1, including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms and lots, provided that yards for storage of new or used building materials or yards for any scrap or salvage operations or for storage or display of any scrap, salvage or secondhand building materials or automobile parts shall not be allowed, and further provided that adult book stores shall be prohibited from locating within five hundred (500) feet of any apartment or residential district, single or multiple-family dwelling, church, park or school. (19) Shoppinq centers, other than those subject to the provisions of Section 240.1. (c) Conditional uses and structures: Uses and structures hereinafter specified, subject to compliance with the provisions of part C of article 2 hereof; and provided, that except as set forth in subdivision (5.5), drive-through facilities shall not be permitted as a conditional or accessory use in any portion of the district east of Arctic Avenue, south of Winston-Salem Avenue and 4th Street, or north of 35th Street: (17.5) Retail establishments subject to the provisions of Section 240.1. 8 265 266 267 268 269 270 ( 18.5 ) Shoppinq centers subject to the provisions of Section 240.1. COMMENT The amendments establish retail establishments and shopping centers which are subject to the provisions of new Section 240.1 as conditional uses in the RT-3 Resort Tourist District and maintain the existing regulations as to retail establishments and shopping centers not subject to Section 240.1. 271 272 273 274 275 276 277 Adopted by the City Council of the City of Virginia Virginia, on this day of , 2000. CA-00-7728 wmm~ordres~retailestabtish.ord R-1 May 30, 2000 APPROVED AS TO CONTENTS: Planning Department Beach, APPROVED AS TO LEGAL SUFFICIENCY: / Department of Law 1 2 3 4 5 6 7 A RESOLUTION REFERRING TO THE PLANNING COMMISSION PROPOSED AMENDMENTS TO THE COMPREHENSIVE PLAN PERTAINING TO DESIGN GUIDELINES FOR LARGE RETAIL ESTABLISHMENTS AND DIRECTING THE PLANNING COMMISSION TO FORWARD ITS RECOMMENDATIONS THEREON TO THE CITY COUNCIL BY JULY 14, 2000 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: There is hereby referred to the Planning Commission, for its consideration and recommendation, proposed amendments to the Comprehensive Plan pertaining to design guidelines for large retail establishments. A true copy of such proposed amendments is hereto attached. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Planning Commission be, and hereby is, directed to forward to the City Council its recommendations concerning the aforesaid amendments by no later than July 14, 2000. 22 23 Adopted by the City Council of the City of Virginia 6 June Beach, Virginia, on the day of , 2000. 24 25 26 27 CA-00-7726 wmm~ordres~retailcompplan.res R-1 May 26, 2000 APPROVED AS TO CONTENT Planning Department APPROVED AS TO LEGAL S ICIE ¥ ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AN ORDINANCE TO COMPREHENSIVE PLAN BY OF DESIGN GUIDELINES RETAIL ESTABLISHMENTS Section Amended: Comprehensive Plan AMEND THE THE ADDITION FOR LARGE Appendix to BEACH, BE IT ORDAINED BY THE VIRGINIA: That the Comprehensive COUNCIL OF THE CITY OF VIRGINIA Plan of the City of Virginia Beach be, and hereby is, amended and reordained by the Guidelines for Large Retail Establishments With or More (LARGE RETAIL Plan. A true copy of the Establishments With 80,000 GUIDELINES is hereto Comprehensive Plan. addition of Design 80,000 Square Feet DESIGN GUIDELINES) to the Appendix to the said Design Guidelines for Large Retail Square Feet or More (LARGE RETAIL DESIGN attached and is hereby incorporated into the COMMENT The proposed ordinance amends the Comprehensive Plan by adding a section to the Plan's Appendix setting forth design guidelines for large retail establishments (i. e., any retail establishment, or combination thereof, in a single building and occupying 80,000 gross square feet or more of floor area). The guidelines include standards for facades and exterior walls, roofs, materials and colors, entryways, signs, outdoor display areas, vending machines and ground level mechanical equipment, lighting, site layout, parking, entrances, pedestrian access, central features and community spaces, landscaping and buffering, signs and lighting, and best management practice ponds. Virginia, Adopted by the Council of the City of on the day of , 2000. Virginia Beach, 27 28 29 30 31 32 33 34 CA-00-7725 wmm~ordres~retailcompplan.orn R-1 May 26, 2000 APPROVED AS TO CONTENT: Planning APPROVED AS TO LEGALSUFFICIENCY: DepaSth~t-- o ~ Law DESIGN GUIDELINES FOR LARGE RETAIL ESTABLISHMENTS These guidelines are intended to apply to retail establishments or shopping centers (as defined by Section 111 of the City Zoning Ordinance) having a total of 80,000 gross square feet and to additions or expansions thereof where the gross square footage of floor area is increased by fifty per cent (50%) or more and the resulting floor area will equal or exceed 80,000 gross square feet (Section 240. l(c) of the City Zoning Ordinance). Retail establishments present several land use concerns for the City of Virginia Beach, primarily regarding aesthetic and transportation impacts. Because retail establishments depend on high visibility from major public streets, the building and site design have significant impacts on the character and attractiveness of the city's major streetscapes. As noted by the Virginia General Assembly, the visual environment confronted by individuals in their daily routines has a profound effect on personal attitudes and productive capacities. These standards and guidelines are intended to encourage development that contributes to the uniqueness of the communities of Virginia Beach by reflecting their physical character and sense of place and by enhancing those qualities in appropriate ways. In addition, these design guidelines incorporate the principles of crime prevention through environmental design (CPTED). CPTED advocates that natural access control, natural surveillance and territorial reinforcement be incorporated into sight design to help minimize crime opportunities. The City of Virginia Beach already has development regulations and standards that apply city-wide and design guidelines have been adopted for some portions of the City. These guidelines are intended to augment those with more specific criteria that apply to the design of large retail developments. J:\Documents\LargeRetailGuidelines Page 3 A. Facades and Exterior Walls Facades should be articulated to reduce the massive scale and the one dimensional appearance of large retail buildings and to provide visual interest. The overall intent is to encourage a more human scale. The following are desired: ae Facades greater than 150 feet in length, measured horizontally, visible from a public street, should incorporate wall plane projections or recesses having a depth of at least 3 feet to break ' up the expansiveness of the exterior. All recesses should be well-lit to encourage a safe environment. Building fronts and sides of buildings oriented toward a public street should incorporate arcades, display windows, entry areas, awnings or other such features. Any side of a building oriented toward a public street or an internal street used by the public should incorporate display windows, false windows, awnings or other features to add visual interest. Facades that do not face streets should incorporate a repeating pattern that includes color change, texture change and material change, each of which should be integral parts of the building -- not superficially applied trim, graphics, or paint. At least one of these elements shall repeat horizontally. In addition, the structural or architectural bay pattern of the building should be expressed on the exterior through the use of reveals, projecting ribs, or offsets to a minimum depth of at least 12 inches. J :\Documents\LargeRetailGuidelines Page 4 Any facade that is not visible from a public street or from a private internal street used by the public, should be painted a coordinating color to complement the front and side facades. e. See comments below in the Site Design / Entrances section for additional comments related to design of facades. e In higher-intensity areas of the city, characterized by urban-type development, developers are encouraged to reduce the footprint of large retail establishments by designing a store with multiple levels. Roofs Variations in roof lines should be incorporated to add interest. Overhanging eaves, parapets, entrance features, or height variations are appropriate. The front of the building should incorporate at least one three dimensional feature. Parapets should conceal flat roofs and all rooftop equipment such as heating, ventilation, and air conditioning (HVAC) units from typical street level view. Such parapets should feature three dimensional cornice treatment (not a two dimensional superficial treatment). J :\Documents\LargeRetailGuidelines Page ..~ C. Materials and Colors Exterior building materials for all portions of a building should be of high quality and should exceed the level of quality required by the Virginia Uniform Statewide Building Code. Predominant exterior building materials should include any combination of brick, wood, stone, or tinted and textured concrete masonry. The exterior building materials may include smooth-faced concrete block, tilt-up concrete panels, or pre-fabricated steel panels only when these materials have been incorporated into the overall design of the shopping facility in an architecturally pleasing fashion and reflect an overall appearance of a high-quality retail center. e The predominant exterior building material should be incorporated into the design of the facades facing public rights-of-way consistent with the facade design criteria of Section I(A)(1)(a) and (b), utilizing the building material as a key means of developing variety in the facade. 0 Facade colors for all portions of the building should be low reflectance, subtle, neutral or earth tone colors (no primary colors). Building trim and accent areas may feature brighter colors, including primary colors. Entryways Entryway design elements and variations should give orientation to the building and produce an aesthetically pleasing character. The building should have clearly defined, highly visible customer entrances featuring two or more of the following: 1. Canopies or porticos 2. Overhangs 3. Recesses/projections 4. Arcades 5. Raised corniced parapets over the door 6. Peaked roof forms 7. Arches 8. Outdoor patios 9. Display windows 10. Architectural details such as tile work and moldings which are integrated into the building structure and design 11. Integral landscaped areas and/or places for sitting (no self-standing planters) J:\Documents\LargeRetailGuidelines Page 6 E. Signs The style, size, color, and building material of all signs on the site should be coordinated, including signs for any outparcel development, on-site directional signs, and signs to be located on the face of any structure. Colors and materials should be in keeping with the colors used on the primary structure(s). Colors should be primarily neutral or earth tone (no primary colors). A limited amount of brighter accents (primary colors), such as those found in corporate logos, are acceptable. Any freestanding sign associated with a retail use should be monument style with a maximum height of 8 feet. A minimum of 75 square feet of landscaping, consisting of at least 50% evergreens, should be included at the base of the sign. Sign materials should be durable, attractive and coordinated with materials used on the primary structure(s). Colors should follow the same guidelines as noted above in item 1. 3. Signs using neon are not encouraged. F. Outdoor Display Areas, Vending Machines and Ground Level Mechanical Equipment All outdoor display areas, including garden centers and any seasonal sales, should be enclosed on all sides with high-quality fencing. Chain-link fences are strongly discouraged. All outdoor display areas must be designated on the site plan and must not extend into parking areas. Vending machines must not be visible from a public street. If vending machines are present, building facades should include an area screened from public streets but visible to security personnel. Mechanical or HVAC equipment must not be installed at ground level along any portion of a building facing a public or internal street unless such location is necessitated by the nature and design of the building it serves. Such equipment must be screened by a solid fence or wall and native plants, such as wax myrtle or leyland cypress, having good screening characteristics. Shrubs must be at least three (3) feet high, and trees must be at least six (6) feet high, at planting. Plants must be spaced as directed by the City's Landscaping, Screening and Buffering Specifications and Standards, be maintained at all times in good condition and must not be trimmed to a height lower than the mechanical equipment they screen. J:\Documents\LargeRetailGuidelines Page 7 G. Lighting All outdoor lighting should be coordinated as to style, material and color. Neutral and earthtone color (no primary colors) lighting fixtures are encouraged. Lighting throughout the site should overlap, creating an even level of illumination throughout the parking area. The use of pedestrian level lighting should be considered along any pedestrian walkways. 'II. A. Shopping Center Site Layout Buildings on shopping center outparcels shall be located so as to encourage pedestrian traffic and highlight architectural details of the buildings. No parking should be located on outparcel sites between such buildings and public streets. For retail establishments and shopping centers on sites exceeding five (5) acres in size, there should be no buildings, parking surfaces or other above-ground improvements, except as follows, within thirty (30) feet of a public street. The area within such setback should contain a heavily-landscaped berm having a minimum height of three (3) feet measured from the level of the abutting public street. There may be a reduction in the thirty (30) foot setback to no less than ten (10) feet, provided that heavy landscaping and other features, such as brick walls, are located so as to reduce the visual impact of the parking lot from the abutting public street. B. Entrances Where possible, depending on the use of the retail establishment, multiple entrances to buildings should be utilized in order to reduce the walking distance from cars and to facilitate pedestrian and bicycle access from public streets and sidewalks. C. Parking 1. Vehicular parking areas should be distributed around at least three (3) sides of retail buildings in order to reduce the overall scale of the paved parking surface. 2. The vehicular circulation system which provides access to the parking area should be J:\Documents\LargeRetailGuidelines Page 8 e designed to reduce the number of vehicular conflicts to a minimum. Adequate stacking for vehicles should be provided at the access points from the parking area. The use of alternative porous pavement finishes is encouraged, especially for those areas of the parking lot that typically will only be used seasonally. 4. Pedestrian walkways should provide access from the parking area to the primary building in such manner that pedestrians using walkways will be required to traverse the vehicular parking aisle to the minimum extent possible. Such walkways should be located so that no customer entrance is farther than one hundred (100) feet from the nearest walkway. The walkways should feature adjoining landscaped areas that include trees, shrubs, benches, flower beds, ground cover or similar materials to enhance the appearance of the walkway areas. Walkways should be readily distinguishable from driving surfaces where they traverse such surfaces through the use of durable, low-maintenance surface materials such as pavers, bricks, scored concrete or similar architectural treatments. D. Pedestrian Access Providing pedestrian accessibility opens auto-oriented developments to any surrounding existing or planned residential or office / retail community areas, thereby reducing traffic impacts and enabling the development to project a friendlier, more inviting image. This section sets forth guidelines for public sidewalks and internal pedestrian circulation systems that can provide user-friendly pedestrian access as well as pedestrian safety, shelter, and convenience within the center grounds. J :\Documents\LargeRetailGuidelines Page 9 Sidewalks are required along public rights-of-way in accordance with Public Works Engineering Specifications and Standards. Continuous internal pedestrian walkways, no less than four feet in width, should be provided from the public sidewalk or right-of-way to the principal customer entrance of all principal buildings on the site. Outparcels should be connected to each other, to the main shopping center and to the public sidewalk system by pedestrian walkways. In addition, walkways should connect focal points of pedestrian activity such as, but not limited to, transit stops, street crossings, building and store entry points, and parking areas. The walkways should feature adjoining landscaped areas that include trees, shrubs, benches, flower beds, ground covers or other such materials to enhance the appearance of the walkway areas. These walkways should also be designed with safety in mind. Clear sightlines allowing for good natural surveillance and adequate lighting should be incorporated. Landscaping along the walkways should be maintained at no more than three feet in height or limbed up to at least seven feet so that visibility in not hindered. Entrances should include weather protection features such as awnings or arcades having a width at least double that of the doorways over which they are located. All internal pedestrian walkways should be distinguished from driving surfaces through the use of durable, low maintenance surface materials such as pavers, bricks or scored concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the walkways. Provision of bike racks is encouraged. Bike racks should be in a well lighted area and placed in a location visible from the entrance and/or parking area. E. Central Features and Community Spaces Retail sites should offer attractive and inviting pedestrian scale features, spaces and amenities. Entrances and parking lots should be configured to be functional and inviting with walkways conveniently tied to logical destinations. Transit stops and drop-off/pick- up points should be integrated into the site. Pedestrian ways should be anchored by special design features such as towers, arcades, porticos, pedestrian light fixtures, planter walls and other architectural elements that define circulation ways and outdoor spaces. Each retail establishment containing over 100,000 square feet and each shopping center containing 5 acres or more should provide at least two of the following: 1. Patio/seating area 2. Pedestrian plaza with benches J:\Documents\LargeRetailGuidelines 'Page 10 3. Window shopping walkway 4. Outdoor playground area (needs to be carefully located for safety) 5. Kiosk area 6. Water feature or stormwater management facility with amenities such as fountains, benches, walking trails, pedestrian furniture or lighting 7. Clock Tower 8. Outdoor sculpture As a substitute, any other focal feature or amenity may be provided that in the judgement of the Planning Commission and City Council adequately enhances community and public spaces. All such features and community spaces should connect to intemal or public walkways and, if present, to the bikeway network, and should be constructed of materials of at least equal quality to that of the principal materials of the building and landscape. F. Landscaping and Buffering In addition to meeting the minimum City requirements for parking lot landscaping, foundation landscaping and buffering, it is recommended that retail establishments also provide the following: Any loading operations within view of a residential, office, or apartment zoning district or a public right-of-way should be screened by a landscaped berm or a solid wall with landscaping on the outside. Large parking areas should be enhanced with additional landscaping. Creative site design, to include preservation of existing stands of trees and clustered landscaped areas, is encouraged over symmetrical rows of small landscaped islands. 3. Sites with existing trees and vegetation along the street frontage should retain those landscape features and integrate them into the landscape plan for the center. 4. To the greatest extent possible, 25 % of the landscaping should be evergreen species. To the greatest extent possible, planting pits should be backfilled with 36 inches of topsoil to provide the most conducive growing environment for new landscape planting. To the greatest extent possible, landscape islands should be designed so that plant material is not located on the first one (1) foot of the edge of the island, where it is most likely to be trampled by individuals exiting and entering parked vehicles. Such J:\Documents\LargeRetailGuidelines Page l I edge should be mulched or paved with porous paving material. G. Stormwater Management Facility Ponds On-site stormwater management facility ponds should be attractively landscaped amenities. Wetlands benching, fountains, and the incorporation of walking trails and pedestrian benches around the perimeter of the ponds are all encouraged. Lighting of these areas is also encouraged for safety. 2. The use of chain link fencing to enclose stormwater management ponds is strongly discouraged. 3. To the greatest degree possible, stormwater management should utilize existing regional stormwater management facilities. J:\Documents\LargeRetailGuidelines Page 12 - 21 - V-H. 5. ORDINANCES/RESOL UTIONS ITEM # 46698 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED: REFUNDS: License - $79,518.29 Tax - $ 8, 630. 65 Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William }V. 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 June 6, 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: NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID AKHIGBE SAMUEL ORIAREWO AMERICAN GENERAL FINANCE INC ANIMAL KINGDOM INC ATLANTIC PROTECTIVE SERVICES ATLAS TRAVEL SERVICE INC BEACHSlDE LC BRITO CORP THE BROWN ROSS M CARDINAL SIGN CORP CAVALIER HOTEL CORP CITRUS GROUP INC THE CORBIN & COMPANY LTD CREATIVE SERVICES FOR ADVERTISING INC CTX MORTGAGE COMPANY DALTON CHARLES M DOMII~ION CONTRACT CARPETS INC DONALD CRAIG & ASSOCIATES DUKES & CO INC EAST COAST APPLIANCE REPAIR SERV SALES EL CAMINO MOTOR LODGE CORP EXAMINATION MGT SERVICES INC FITNESS WORKS INC FORTUNE ENTERPRISES INC FOUR C CONSTRUCTION INC FOUR DS INC GARRIS TRAVEL SERVICE LC GLOBAL HUMAN RESOURCE SPEC INC GRECO RESEARCH ENGINEERING CO HABERDASH CONTRUCTION INC HAMPTON ROADS HVAC SERVICE INC HARDIN AND ASSOCIATES INC HAWK ELECTRIC SERVICE INC HAYES GAYLAN J HECHINGER INVESTMENTS CO OF DELAWARE INC HENCHEL VALERIE J HERBOSO BEN N HONEYCU'Fr PROF STYLING PRODUCT HORNER CORPORATION THE HOTT PRODUCTS INC HOUSING MANAGEMENT SERVICES INC IMBUR DONALD J MD PC INVESTMENT RESEARCH CORP ITEMS UNLIMITED INC JESSUP CONSTRUCTION LLC KJK INC 2000 4/28/00 40.00 0.00 40.00 1999 02/24/99 2,289.46 0.00 2,289.46 04/10/00 AUDIT 348.65 22.64 371.29 2000 04/12/00 1,043.69 0.00 1,043.69 2000 04/26/00 13.71 0.00 13.71 04/18/00 AU D IT 424.12 67.72 491.84 04/07/00 AU DIT 260.31 20.02 280.33 2000 04/26/00 57.38 0.00 57.38 2000 03/31/00 90.96 0.00 90.96 1999 04/28/00 125.00 0.00 125.00 2000 04/26/00 29.75 0.00 29.75 04/11/00 AUDIT 502.11 19.15 521.26 2000 04/06/00 113.44 0.00 113.44 1999 04/12/00 547.13 0.00 547.13 1999 04/24/00 477,29 0.00 477.29 1997-99 04/19/00 399.70 0.00 399.70 04/05/00 AUDIT 424,48 33.98 458.46 04/26/00 AUDIT 224.50 34,58 259.08 03/17/00 AUDIT 290.41 50,22 340.63 04/24/00 AU DIT 102.76 20.54 123.30 03/30/00 AUDIT 176.09 0.00 176.09 04/18/00 AUDIT 500.29 65.46 565.75 2000 04/28/00 40.00 0.00 40.00 04/07/00 AUDIT 52.10 49.76 101.86 2000 04/10/00 63.21 0.00 63.21 2000 03/28/00 229.03 0.00 229.03 2000 04/24~00 43.34 0.00 43.34 03/13~00 AUDIT 0.00 99.92 99.92 04/21/00 AUDIT 20.80 2.25 23.05 03/21/00 AUDIT 10.63 0.00 10.63 2000 05/01/00 2,336.59 0.00 2,336.59 04/14/00 AUDIT 26.39 5.04 31.43 04/08/00 AUDIT 34.80 6.96 41.76 04/19/00 AUD IT 48,901.81 4,571.97 53,473.78 04/10/00 AUDIT 680.58 73.70 754.28 04/05/00 AUDIT 18.92 0.00 18.92 2000 04/25/00 46.87 0.00 46.87 04/12/00 AUDIT 6.57 1.31 7.88 04/20/00 AUDIT 123.03 14.52 137.55 04/07/00 AUDIT 105.42 0.00 105.42 04/18/00 AUDIT 571.42 166.60 738.02 04/19/00 AUDIT 10.00 2.00 12.00 2000 05/01/00 50.33 0.00 50.33 2000 04/25/00 15.50 0.00 15.50 2000 04127/00 24.85 0.00 24.85 Certified ~as to Daymen~ bom~issio'ner ~t~e'R~venue C~ty Attorney's Office This ordinance shall be effective from date of adoption. The above abatement(s) totaling City of Virginia Beach on the 67,221.76 were approved by the Council of the 6 day of June ,20 O0 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID L T MCGOVERN INC LARRY AND DON°S AUTO BODY REPAIR SHOP LBC MABUHAY NORTH AMERICA CORP LIBERTY EXCHANGE INC LIFETIME TILE & MARBLE INC LITTLE CAESARS ENT INC OTTO LAWRENCE CORP QUALITY BUILDING PRODUCTS INC QUALITY CONTROL SERVICES LLC RACK ROOM SHOES INC SAWYER LAKES LLC SHAMPINE BARRY A SHONEYS INC. Al'TN BUDDY STARTUP TECHNOLOGY MANAGEMENT GROUP THERMATEX OF TIDEWATER LLC TOONE ROGER LOUIS UNCLE HARRY'S CONES & CREAM VETERANS REALTY INC WEST BUCKLEY B 04/21/00 AUDIT 2,306.47 376.42 2,682.89 04/18/00 · AUDIT 119.32 0.99 120.31 2000 04/28/00 10.00 0.00 10.00 2000 04/20/00 10.00 0.00 10.00 04/07/00 AUDIT 59.92 0.00 59.92 04107/00 AUDIT 1,477.40 0.00 1,477.40 2000 05/01/00 28.00 0.00 28.00 2000 04/25/00 46.81 0.00 46.81 04/03/00 AUDIT 32.88 0.00 32.88 03/24/00 AUDIT 2,003.45 775.76 2,779.21 1999 04/13/00 720.82 0.00 720.82 2000 04/24/00 14.00 0.00 14.00 04/06/00 AUDIT 3,631.75 44.61 3,676.36 2000 05/01/00 85.01 0.00 85.01 04/07/00 AUDIT 91.06 6.80 97.86 1999 04/26/00 40.00 0.00 40.00 2000 04/27/00 381.06 0.00 381 04/28/00 AUDIT 10.00 0.00 10.00 2000 04/26/00 24.00 0.00 24.00 Certified as to payment: domm'i~sione-r 0f~{fie l~evenue l~ity Attorney's Office This ordinance shall be effective from date of adoption. The above abatement(s) totaling City of Virginia Beach on the 12,296.53 were approved by the Council of the 6 day of June ,20 00 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 Odubela, Tokunbo A. & Irati 2000 Odubela, Tokunbo A. & Irati 1997 Odubela, Tokunbo A. & Irati 1997 Odubela, Tokunbo A. & Irati 1998 Odubela, Tokunbo A. & Irati 1998 Odubela, Tokunbo A. & Irati 1999 Odubela, Tokunbo A. & Irati 1999 Randolph, Parthenia R. 2000 Patei, Margaret 2000 Harry R. Purkey, Jr. Attorney 1998 Harry R. Purkey, Jr. Attorney 1998 Siewinski, Mark A. & Darlene 2000 Touzos, Andrianos G & D Kouioukis 2000 Gallop Earnest W. Estate 2000 Sewell, Gerald 2000 Knight, Clyde Jr & Stephanie N. 2000 Browning, Randall et al 2000 Browning, James R. & Olive G. 1999 Browning, James R. & Olive G. 1999 Browning, James R. & Olive G. 1998 Browning, James R. & Olive G. 1998 Browning, James R. & Olive G. 1997 Browning, James R. & Olive G. 1997 Reynolds, Jane 2000 RE(l/2) 00-092485-1 EA 12/03/99 RE(l/2) 97-090048-9 EA 11/18/96 RE(2/2) 97-090048-9 EA 05/19/97 RE(l/2) 98-090664-1 EA 11/25/97 RE(2/2) 98-090664-1 EA 05/19/98 RE(l/2) 99-091412-3 EA 12/04/98 RE(2/2) 99-091412-3 EA 06/01/99 RE(I/2) 00-101721-4 EA 12/05/99 RE(I/2) 00-095755-7 EA 11/19/99 RE(I/2) 98-072854-9 11/25/97 RE(2/2) 98-072854-9 06/05/98 RE(l/2) 00-114006-3 11/19/99 RE(l/2) 00-125730-2 EA 12/05/99 RE(l/2) 00-044229-3 EA 12/05/99 RE(l/2) 00-112384-9 EA 12/05/99 RE(l/2) 00-068826-9 EA 11/19/99 RE(I/2) 00-016066-7 EA 12/02/99 RE(l/2) 99-015908-3 EA 12/05/98 RE(2/2) 99-015908-3 EA 06/05/99 RE(l/2) 98-015470-2 EA 12/05/97 RE(2/2) 98-015470-2 EA 06/05/98 RE(l/2) 97-015201-9 EA 12/05/96 RE(2/2) 97-015201-9 EA 06/05/97 Dog License #23246 & #23245 03/09/00 22.77 19.23 19.23 21.47 21.47 22.77 22.77 137.12 1002.35 396.50 396.50 6.25 1534.76 61.00 63.97 27.56 692.99 692.99 692.99 692.99 692.99 692.99 692.99 4.00 TOTAL: $8,630.65 This ordinance shall be effective from date of adoption. e ab,oxe ~atement(s) ~, 63U.~ totaling were approved by the Council of the City of Virginia Beach onthe 6 dayof June, 20.00 Ruth Hodges Smith City Clerk Certi John Appr ~°psen~ Atk~nson, Treasurer ~ed as to form: Item V-I. APPOINTMENTS - 22 - ITEM # 46699 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BEACHES AND WA TER WA YS COMMISSION HAMPTON ROADS PLANNING DISTRICT COMMISSION HAMPTON ROADS TR/INSPOR TA TION DISTRICT MINORITY B USINESS COUNCIL PERSONNEL BOARD SOCIAL SER VICES BOARD TOWING AD VISORY BOARD June 6, 2000 - 23 - Item V-I.2. APPOINTMENTS ITEM # 46700 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: Chairman - Resort Leadership Council - William Roundtree, Jr. President - Virginia Beach Hotel/Motel Association - James H. Capps President - Virginia Beach Retailers Association - Preston Midgett President - Virginia Marine Science Museum Foundation - Thomas R. Frantz Director - Virginia Marine Science Museum - C. Mac Rawls Director - Virginia Beach Convention and Visitor Development - James B. Ricketts ADVERTISING AGENCY "Tourism" SELECTION COMMITTEE 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 June 6, 2000 Item V-L3 - 24 - APPOINTMENTS ITEM # 46701 Upon NOMINATION by Vice Mayor Sessoms, City Council: APPOINTED: REAPPOINTED: Robert N. Melatti 2 year term 7/1/00- 6/30/02 Sharon L. Fraim Manuel A. Hipol, M.D. Elliott C. Jones, Ph.D. Sheila P. Price John M. Ryan Warren E. Sachs, D.D.S. 2 year terms 7/1/00 - 6/30/02 ARTS AND HUMANITIES COMMISSION Vo ting: 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 June 6, 2000 Item V-I. 4. - 25- APPOINTMENTS ITEM # 46702 Upon NOMINATION by Vice Mayor Sessoms, City Council: APPOINTED: CONFIRMED: Charles E. Flowers Unexpired term thru 1/31/2002 Martha J. Goodman Ex Officio to represent Virginia Beach Foundation, Inc. REVIEW AND ALLOCATION COMMITTEE (COG) 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. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None June 6, 2000 Item V-I. 5. - 26- /IPPOINTMENTS ITEM # 46703 Upon NOMINATION by Vice Mayor Sessoms, City Council: REAPPOINTED: Scott/iyers Judith K. Connors Daniel F. Creedon Erie Marie Latimer Robert M. Stanton 3-year term 07/01/2000- 06/30/03 APPOINTED: Ronald C. Ripley Planning Commissioner representing Bayside District No. 4 SHORE DRIVE ~ID VISOR Y COMMISSION Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, 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, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None June 6, 2000 -27- Item V-I. 6. APPOINTMENTS ITEM # 46705 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: Elsie M. Barnes Unexpired term thru 12/20/2003 VIRGINIA BEA CH COMMUNITY DEVELOPMENT CORPORA TION 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 June ~ 2000 - 28 - Item V-K. 1. NEW BUSINESS ITEM # 46707 ADD-ON Uponmotion ~ ~ceMayorSessoms, secon~d~ CouncilmanHa~ison, ~ CouncilADDEDtothe A~n~: Ordinance to AMEND and REORDAIN 3~ 2 - 4 of the City Code pertaining to Recognition of Police, Fire Companies and Rescue Squads as part of public safety program by ADDING Chaplains; aides and maldng housekeeping changes. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William V~. 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 June 6, 2000 - 29- Item V-K.2. NEW B USINESS ITEM # 46708 ADD-ON Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: Ordinance to AMEND and REORDAIN ~ 2 - 4 of the City Code pertaining to Recognition of Police, Fire Companies and Rescue Squads as part of public safety program by ADDING Chaplains ', aides and making housekeeping changes. 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 June 6, 2000 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO AMEND AND REORDAIN SECTION 2-4 OF THE CITY CODE PERTAINING TO RECOGNITION OF POLICE, FIRE COMPANIES AND RESCUE SQUADS AS PART OF PUBLIC SAFETY PROGRAM BY ADDING CHAPLAINS' AIDES AND MAKING HOUSEKEEPING CHANGES SECTION AMENDED: ~ 2-4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Sec. 2-4. ReCognition of police, fire companies and rescue squads as part of public safety program. In gratitude to and in recognition of the valuable and necessary services performed by police, fire companies and rescue squads and the individual members thereof, both professional and volunteer, which service the city, the following police agencies and chartered fire companies and rescue squads are recognized and acknowledged to be an integral part of the official public safety program of the city, and the volunteer members of these police, and chartered and nonchartered fire companies and rescue squads, shall be deemed employees for the purposes of the Virginia Workers' Compensation Act: % Blackwater Volunteer Fire Department and Rescue Squad, Incorporated Chesapeake Beach Volunteer Fire and Rescue ~ Department, Incorporated Creeds Volunteer Fire Department and Rescue Squad, Incorporated Davis Corner Volunteer Fire Department and Rescue Squad, Incorporated Green Run Volunteer Fire Company Kempsville Volunteer Rescue Squad, Incorporated Item svi~= v~u~,~==~ ~= De artment, incorporated London Bridge Volunteer Fire Department, Incorporated Ocean Park Volunteer Fire and Rescue Unit, Incorporated Oceana Volunteer Fire Department, Incorporated Plaza Volunteer Fire Company and Life Savln~ and Rescue Squad, Incorporated Princess Anne Courthouse Volunteer Res~ue Squad and Fire Department, Incorporated ~9 40 41 42 42 44 4B 46 47 Sandbridge Rescue and Fire ~, Incorporated Thalia Volunteer Fire Department, Incorporated Virginia Beach Auxiliary Police Virginia Beach Borough Volunteer Fire Department, Incorporated Virginia Beach Rescue Squad, Incorporated Virginia Beach Volunteer Law Enforcement Chaplains and Chaplains' Aides Virginia Beach Volunteer Water Rescue ~ Team City of Virginia Beach, Department of Emergency Medical Services. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th day of June, 2000. CA-7740 ORDIN%PROPOSED\2-4.ord R2 JUNE 5, 2000 2 ,,coMMUNITY FOR A t..tFETIME" CITY coUNCIL blAYOR MEYERA E. oBERNDORF, At-Large vICE vIAYOR wILLIAM D. SEssOMS, JR., At-Large JOHN A. BAUM, At'Large 6. Beach LINqY/OOD O. BRANCH, III, District · . l.Centerville MARGARET L. EURE, Dts[rkt . - 5_Lvnnhaven ~IARaRISON, JR., D~strtct - V/ILLIAM YV. District 7 .princess Anne BARBARA 3L HENLEY, LOUIS R tONES' District 4.Bayside REBA S. McCLANAN, District 3-Rose Hall ~qANCY K. pARKER, At-Large Add. (DON) wEEKS, District 2_Kemp~'ille JAMES K. sF~RE, Cikv Manager LESLIE L. LILLEY, Cikv Auornq RuTH HoDGES-SM[TH' City CIerk CiTY coUNCIL AGENDA June 6, 2000 . Conference Room - CITY MANAGEW S BRIEFING A. COUNCIL cHAMBER RENOVATIONS: David M. Grochmal, Director of General Services REVIEW OF AGENDA ITEMS CITY tAI,I BUILI)IN(~ I O[ WI'It()US '2/)RIVE 2401 C ~ r' \ 2 ~45( JNq % IWACI VI ~GIN~, ' ' '1,I l( ;NE: ~757)327-4304 ,,v ~757 426-566t~ 11:30 AM III. IV. CITY coUNCIL coMMENTS INFORMAL SESSION . Conference Room - CALL TO ORDER - Mayor Meyera E. Oberndoff 12:30 P~ ROLL CALL OF CITY CoUNCIL RECESS TO CLOSED SESSION FORMAL SESSION . Council Chamber - 2:00 CALL TO oRDER - Mayor Meyera E. Oberndorf B. INvoCATION: Reverend Richard Yates Beachlawn Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMEKIC D ELECTKONIC ROLL CALL OF CITY CoUNCIL CERTIFICATION OF CLOSED SESSION MINUTES 1. INFORMAL & FORMAL SESSIONS May23,2000 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 ORDiNANCESfRESOLUTIONS Ordinance DECLARING certain City right-of-way EXCESS property at Fox Fire subdivision and AUTHORIZING the City Manager to convey same to the adjacent twenty- four (24) property owners, ,(value of the property to be determined by fair market value appraisal); the City shall retain the right to reserve a 20' drainage and utility easement. Deferred: May 23, 2000 Ordinance to AMEND the Agricultural Lands Preservation Ordinance to permit certain uses as "agricultural" uses; redesignating the area of the city in which the Agricultural Reserve Program applies; AMEND certain requirements re the repurchase o.f development rights and exchange of easements; and, to make specific technical corrections. Ordinance to APPROPRIATE $67,000 from the General Fund to provide an interest-free loan to the Kempsville Volunteer Rescue Squad re a replacement ambulance. Resolutions referring to Planning Commission proposed amendments re large retail developments and to direct the Planning Commission to forward its recommendations thereon to the City Council by July 14, 2000.: Amendments to § 111,901, 1511 and 1521 of the City Zoning Ordinance (CZO), and adding a proposed new § 240.1 Amendments to the Comprehensive Plan re design guidelines 5. REFUNDS: License - $79,518.29 Tax . $ 8,630.65 APPOINTMENTS ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS COMMISSION HAMPTON ROADS PLANNING DISTRICT COMMISSION HAMPTON ROADS TRANSPORTATION DISTRICT MINORITY BUSINESS COUNCIL PERSONNEL BOARD SHORE DRIVE ADVISORY COMMISSION SOCIAL SERVICES BOARD TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT COMMISSION UNFINISHED BUSINESS K. NEW BUSINESS ADJOURNMENT CITY COUNCIL SESSIONS RESCHEDULED FROM TUESDAY, JULY 4, 2000 TO: WEDNESDAY JULY 5, 2000 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 iDeaf) 06/01/00slb AGENDA\06/06/00 www.virginia-beach.va.us CITY OF VIRGINIA BEACH SUM~IARY OF COUNCIL ACTIONS DATE: May 23, 2000 PAGE: I AGENDA BRIEFING: DRAINAGE SOUTHERN PART OF THE CITY CERTIFICATION OF CLOSED SESSION VOTE Arthur R. Shaw Operations Engineer, Department of CERTIFIED PUBLIC HEARING: EXCESS C1TY OWNED PROPERTY: Fox Ordinance DECLARING City r-o-w EXCESS/ at foxiire AUTHORIZING convey same to adjacent 24 prope~y owners/City r~ain right to LYNNHAVEN PARKWAY, PHASE IX: a. Resolution location/design public Hearing to request VDOT place aerial utilities underground b. Ordinance to AUTHORIZE advance acquisition of property by purchase or condemnation c. Ordinance to ESTABLISH r-o-w b~'wcen Lishelle Place/Holland Road as underground utility corridor d. AUTHORIZE Dir. of Public Works execute necessary documentS No Speakers DEFERRED TO 6/06/00 BY CONSENT ADOPTED BY CONSENT AMEND § %50 of City Code adding provision four-wheded bicycles in resort area (4-15 thru 9-30) Ordinance to ABOLISH Erosion Commission/REPEAL§ 6-16 thru § 6-165 of City Code/ESTABLISH Beaches and AUTHORIZE encroachmenLs into portion of city owned r-o-w 20' alley at 1500 Atlantic Ave. for EWALBE re 2 security STAFF REVIEW/TO BE ADOPTED BY CONSENT ADOPTED AS CON DITIONED Ordinance to TRANSFER $3,159 to Housing/Neighborhood Preservation to reimburse, TRANSFER / APPROPRIATE $660,535 to Court Service Unit re Juvenile ADOPTED BY CONSENT ADOPTED BY CONSENT Resolution to temporarily change location of City Council meetings to School Resolution REFERRING to Planning Corem proposed amendments to § 111 Article two of CZO establishing design/standards for retail ADOPTED BY CONSENT ADOPTED W/ REVISED ORDINANCE CAVALIER GOLF/YACHT CLUB closure of portion of Cardinal Road at Starling Court CHARLES GdSUSAN L. BARKER closure of portion of Southern Blvd. At Kentucky Ave. HALL - DISTRICT JERROLD L. MILLER Variance to Subdivision Ordinance all lots meet CZO at 1242 N. Irdynnview Rd. re reducing the width of - DISTRICT BRENDA CUFFEE/ALBERT ROWSEY Variance of Subdivision Ordinance re all lots have access to public street at Alberthas Dr. ADOPTED/ CONDITIONED BY CONSENT ALLOWED WITHDRAWAL APPROVED BY CONSENT APPROVED/ CONDITIONED BYCONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS 0 H M B A C E S DATE: May 23, 2000 B R H C R P E PAGE: 2 R R E J L N A S W B A E I N O A D R S E A N U S L N N O K O E U C R O E E A R E M K AGENDA M H E N Y S N F R S S ITEM # SUBJECT MOTION VOTE 5 MILTON A. PALMER, SR., eximuslon of DEFERRED 11-0 Y Y Y Y Y Y y y y y y nonconforming use at 309 Shipps Ln. INDEFINITELY (BEACH - DISTRICT 6) BY CONSENT 6 JAMES M ARNHOLD enlargement of APPROVED/ 10-1 Y Y Y Y Y Y N Y Y Y Y nonconforming use at Chesapeake Bay Shores CONDITIONED (2414 Spinak~r Ct.) (LYNNHAVEN- BY CONSENT DISTRICT 5) 7 RECONSIDERATION COZ lost to negative APPROVED/A~ 8-3 Y Y N Y Y Y Y N N Y Y vote March 7, 2000. COLLETT PROFFERED/ PROPERTIES, INC./COLLETT Delete Proffer # 9/ CHESAPEAKE PARTNERS fi.om B-2 to Additional Conditional B-2 fi.om I-I to Conditional B-2 at provisions Parker Ln./Va. Beach Bird (BEACH - addressed during DISTRICT 6) site plan review 8 WAWA, INC. CUP auto services (fuel sales) APPROVED/ 11-0 Y Y Y Y Y y y y y y y with a convenience store at Rosemont Rd./ CONDITIONED Sentara Way (ROSE HALL - DISTRICT 3) BY CONSENT 9 SPIRIT RENT A CAR, INC./CARTEMPS APPROVED/ 11-0 Y Y Y Y Y y y y y y y USA CUP motor vehicle rentaF! 16 S. CONDITIONED Independence Blvd., Suite # 104 (ROSE HALL BY CONSENT - DISTRICT 3) I 0 JOHN DAVID VOGEL CUP: recreational APPROVED/ 11-0 Y Y Y Y y y y y y y y facility corn maze at 2400 London Brdg. Rd. CONDITIONED (BEACH - DISTRICT 6) BY CONSENT 11 CAPE HENRY COLLEGIATE SCHOOL APPROVED/ 11-0 Y Y Y y y y y y y y y CUP expansion of private school at 1320 Mill CONDITIONED Dam Rd. (LYNNHAVEN - DISTRICT 5) BY CONSENT 12 CITY to AMEND § 401 of COZ recreational APPROVED/ 11-0 Y Y Y Y y y y y y y y and amusement in AG-I/AG-2 CONDITIONED BY CONSENT K APPOINTMENTS: RESCHEDULED B Y C O N S E N S U S ARTS AND HUMANITIES COMMISSION HAMPTON ROADS PLANNING DISTRICT COMMISSION HAMPTON ROADS TRANSPORTATION DISTRICT MINORITY BUSINESS COUNCIL SOCIAL SERVICES BOARD L/M/ ABSTRACT OF CIVIL CASES RESOLVED - ACCEPTED FOR B Y C O N S E N S U S I APRIL, 2000 RECORDATION 2 Resolution AUTHORIZING/DIRECTING ADOPTED 11-0 Y Y Y y y y y y y y y ADD City Manager/City Attorney take actions ON necessary to upgrade conditions at Resort Area/ help council achieve goal of developing City into a World-Class Resort destination N ADJOURNMENT: 8:55 PM CITY COUNCIL SESSIONS RESCHEDULED FROM TUESDAY, JULY 4, 2000 TO: WEDNESDAY JULY 5, 2000 Item V-L. - 30- ADJOURNMENT ITEM # 46707 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 3:12 P.M. Chief Deputy City Clerk City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia June 6, 2000 ~I41A.B£, !,,_.]ff~ ~it3~ of Virginia f~cach OFEICE OF THE CITY MANAGER (757) 427-4242 FAX (757) 427-4135 TDD (757) 427-4305 MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9001 June 1, 2000 The Honorable Meyera E. Oberndorf, Mayor Members of City Council Dear Councilmembers: Attached is a Policy Report and a draft ordinance establishing a Council Appointed Advertising Agency Selection Committee. This item will be placed on Council's June 13, 2000, agenda for your action. dsc Sincerely, C. Oral Lambert, Jr. Chief Operating Officer Attachments Proud Recipient of the 1998 U.S. Senate Medallion of Excellence for Productivity and ~uality in the Public Sector. Policy Report Advertising Agency Selection Process BACKGROUND The Department of Economic Development has maintained contracts for advertising and public relations services since 1972. Contracts were amended to include the Department of Convention and Visitor Development as a separate entity when it was established. Currently, a contract for advertising and public relations services for the Departments of Convention and Visitor Development, Economic Development, and the Department of Museums & Cultural Arts exists with the firm of Barker Campbell Farley and Mansfield. The existing contract expires on December 31, 2000. There are no remaining options for additional renewal of the existing contract. The Department of Economic Development has elected, on the recommendation of an independent consultant, not to be included in the new Advertising and Public Relations contract. Economic Development's consulting firm suggests a new marketing image for business attraction and relocation and to break away from an image of a tourist destination. With this recommendation in mind, the Department of Economic Development will be soliciting their own proposals for an advertising and public relations firm. In order to select and prepare competent advertising and public relations counsel by January 1, 2001, a process to select appropriate representation should commence presently. CONSIDERATIONS 1) 2) Operational Considerations An informal RFP committee comprised of representatives of Convention and Visitor Development, Public Information, Museums, Finance/Purchasing and City Attorney will be formed to draft an RFP for services as outlined in the recommendations. Legal Considerations The City Attorney's Office concurs with the departments' interpretation of state purchasing laws and policies and supports their findings, which indicate that while there is no requirement to do so, City Council may appoint an Advertising Agency Selection Committee. Further, § 2-451 of the Code of the City of Virginia Beach allows such short-term advisory agencies to be appointed by City Council, to be abolished when their mission is accomplished and their report filed with the City Clerk for distribution to City Council. 3) Budgetary Impacts and Considerations Fiscal year 00-01 budget appropriations for advertising, publicity and promotional materials will be disbursed through the existing accounts with Barker Campbell Farley & Mansfield for work done during the remainder of the calendar year, and to the agency(s) chosen by the Advertising Agency Selection Committee beginning January 1, 2001. No federal funding involved. 1) 2) ALTERNATIVE COURSES OF ACTION Council appoints Advertising Agency Selection Committee: Council-appointed Advertising Agency Selection Committees have chosen the City's advertising and public relations agencies and/or determined to exercise options to renew existing contracts for the past 10 years. The procedure has worked well. The committees have been comprised of members of the public and private sector. Council directs City Manager to establish a city staff committee comprised of members of the following departments/agencies: Finance/Purchasing, City Attorney, Convention and Visitor Development, Museums and Public Information. A city staff committee could competently complete the selection process should Council determine not to involve the private sector in the decision-making process. A city staff review committee would enable the city to allow staff professionals with knowledge of day-to- day operations, direct input into the quality expectations of the services through the selection process. However, public perception of staff bias could result. RECOMMENDATIONS 1) 2) 3) That an Advertising Agency Selection Committee be appointed no later than June 15, 2000, to review and approve the RFP, review responses to the RFP, choose agencies for presentation, view presentations and determine which agency(s) can most effectively represent the City of Virginia Beach. That the RFP prepared by staff be distributed to an Advertising Agency Selection Committee for review and final approval, asking for proposals for full-service advertising and public relations. The selection process must be complete by October 1, 2000 to ensure appropriate planning for the transition of publicity and related activities should the incumbent not be the successful bidder. That full-time advertising and public relations services be performed for Convention and Visitor Development, Museums and/or any other City department or agency desiring such services. 2 4) 5) Departments other than those specifically listed would not be "required" to use the services of the contracted firm, but would be encouraged to realize the economies of scale by taking advantage of existing resources to ensure consistency of image. The Department of Economic Development will seek their own contract in a separate RFP process in conjunction with a recent consulting firm's strategy which recommends a totally new high-tech marketing image specifically targeted to business and industry. That the Advertising Selection Committee continue with a consolidated advertising and public relations services agreement under one contract, by a single agency. Consolidation of advertising and public relations contracts under one agency allows simplification and streamlining of related marketing programs, encourages joint publicity endeavors and results in cost benefits for city agencies. That a Council appointed Advertising Agency Selection Committee be comprised of the following voting members' B. C. D. E. F. G. Chair of the Resort Leadership Council Chair of the Hotel/Motel Association Chair of the Restaurant Association Chair of Retail Association Director of the Department of Convention and Visitor Development Director of the Department of Museums Chair of the Virginia Marine Science Museum Board Submitted by: ~a0~s B. Ricketts, Director / vention & Visitor Development Reviewed by: Ciky_2~lanager Date:~'~-~ c>~-/ Date: 3 CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Advertising Agency Selection Process MEETING DATE: Background: The Department of Economic Development has maintained contracts for advertising and public relations services since 1972. Contracts were amended to include the Department of Convention and Visitor Development as a separate entity when it was established. Currently, a contract for advertising and public relations services for the Departments of Convention and Visitor Development, Economic Development, and the Department of Museums & Cultural Arts exists with the firm of Barker Campbell Farley and Mansfield. The existing contract expires on December 31, 2000. There are no remaining options for additional renewal of the existing contract. The Department of Economic Development has elected, on the recommendation of an independent consultant, not to be included in the new Advertising and Public Relations contract. Economic Development's consulting firm suggests a new marketing image for business attraction and relocation and to break away from an image of a tourist destination. With this recommendation in mind, the Department of Economic Development will be soliciting their own proposals for an advertising and public relations firm. In order to select and prepare competent advertising and public relations counsel by January 1, 2001, a process to select appropriate representation should commence as soon as possible. Considerations: All operational, legal and budgetary considerations have been reviewed and discussed with the appropriate City departments to ensure compliance with City and State Codes. These include selection of committee members to draft the RFP for services, legal interpretation of state purchasing laws and policies and appointment by City Council of a short-term Advertising Advisory Selection Committee. Budget appropriations for advertising, publicity and promotional materials will be disbursed through existing accounts with Barker Campbell Farley & Mansfield for work done during the remainder of calendar year 2000, and to the agency chosen by the Advertising Agency Selection Committee beginning January 1, 2001. No federal funding is involved. Public Information: The requests for proposals for the subject advertising and public relations contract will be announced in local and national publications. Alternatives: (1) Council appointed Advertising Agency Selection Committee chooses the City's new advertising and public relations agency. This procedure has worked well for the past 10 years. The committees have been comprised of members of the private sector. (2) Council directs City Manager to establish a city staff committee comprised of members of Finance/Purchasing, City Attorney, Convention and Visitor Development, Museums and Public Information. A city staff committee could competently complete the selection process should Council determine not to involve the private sector. Recommendations: 1) Advertising Agency Selection Committee be appointed no later than June 15, 2000 to review and approve the RFP, review responses to the RFP, choose agencies for presentation, view presentations and determine which agency(s) can most effectively represent the City of Virginia Beach. The selection process must be complete by October 1, 2000 to ensure appropriate planning for the transition of publicity and related activities should the incumbent not be the successful bidder. 2) The RFP prepared by staff be distributed to an Advertising Agency Selection Committee for review and final approval, asking for proposals for full-service advertising and public relations. 3) That full-time advertising and public relations services be performed for Convention and Visitor Development, Museums and/or any other City department or agency desiring such services. Departments other than those specifically listed would not be "required" to use the services of the contracted firm, but would be encouraged to realize economics taking advantage of existing resources to and ensure consistency of image. The Department of Economic Development will seek their own contract in a separate RFP process in conjunction with a recent consulting firm's strategy which recommends a totally new high-tech marketing image specifically targeted to business and industry. 4) The Advertising Selection Committee continue with a consolidated advertising and public relations services agreement under one contract, by a single agency. Consolidation of advertising and public relations contracts under one agency allows simplification and streamlining of related marketing programs, encourages joint publicity endeavors and results in cost benefits for city agencies. 5) The Council appointed Advertising Agency Selection Committee be comprised of the following voting members: A. Chair of B. Chair of C. Chair of D. Chair of E. Director F. Director G. Chair of the Resort Leadership Council the Hotel/Motel Association the Restaurant Association Retail Association of the Department of Convention and Visitor Development of the Department of Museums the Virginia Marine Science Museum Board Attachments: Copy of Advertising Agency Selection Process Policy Report Copy of City of Virginia Beach Ordinance Recommended Action: Appoint Advertising Agency Selection Committee as recommended Submitting Department/Agency: Convention and Visitor Development City Manager: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 ~7~CE TO ESTABLISH THE VIRGINIA BEACH ADVERTISING AGENCY SELECTION COMMITTEE WHEREAS, the City's existing contract for advertising and public relations services, and all renewals thereof, expires on December 31, 2000; WHEREAS, by ordinance adopted July 11, 1995, City Council established an Advertising Agency Selection Committee, and appointed representatives of the City and the private sector to examine and evaluate proposals received in response to the City's RFP for advertising and public relations services; WHEREAS, pursuant to that ordinance, the Committee automatically dissolved upon the City's award of a contract for such services; WHEREAS, in the next several months, City staff will be drafting a new Request for Proposals ("RFP") to solicit proposals from qualified agencies interested in providing such services to the City beginning January 1, 2001; and WHEREAS, the Department of Convention and Visitor Development has recommended that City Council establish a new Advertising Agency Selection Committee, comprised of designated City and private sector representatives, for the purpose of reviewing and approving the RFP prepared by staff, reviewing and evaluating the proposals received in response to the RFP, and selecting and recommending to City Council an agency to provide advertising and public relations services to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That City Council hereby establishes the Virginia Beach Advertising Agency Selection Committee; 2. That the Committee shall be comprised of the following members: a. his designee; The Chair of the Resort Leadership Council or b. The President of the Virginia Beach Hotel and Motel Association or his designee; 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 c. The President of the Virginia Beach Restaurant Association or his designee; d. The President Association or her designee; of the Resort Retailers e. The President' of the Virginia Marine Science Museum Foundation, Inc. or his designee; f. The Director of the Department of Convention and Visitor Development; and go Cultural Arts. The Director of the Department of Museums and 3. That the purpose of the Committee shall be to review and approve the RFP for advertising and public relations services prepared by City staff, to review and evaluate proposals received in response to the RFP, and to select and recommend to City Council an agency to provide advertising and public relations services to the City beginning January 1, 2001; and 4. That the Conunittee shall automatically dissolve upon the City's award of a new contract for the provision of advertising and public relations services to the City. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2000. CA-7723 ORDIN\NONCODE\ADVERTISE SELECT COMM.ORD R4 JUNE 1, 2000 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Convention & Visitor Development City Attorney's Office 2 OFFICE OF THE CITY MANAGER (757) 427-4242 FAX (757) 427-4135 TDD (757) 427-4305 City of Virginia MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VtRGINIA BEACH, VA 23456-9001 June 2, 2000 The Honorable Mayor and Members of Council RE: Poficy Report on Location of Recovery Center Dear Councilmembers: Attached is a Policy Report from the Community Services Board regarding alternative locations for a new Recovery Center facility. This item wi//be discussed at your briefing session on Tuesday, June 13. Sincere/y, C. Oral Lambert, Jr. Chief Operating Officer COLjr/kma Attachment Proud Recipient of the 1998 U.S. Senate Medallion of Excellence for Productivity and Quality in the Public Sector. Policy Report LOCATION OF RECOVERY CENTER BACKGROUND: Over the past fourteen years, the Community Services Board has operated a recovery program for substance abuse consumers in portable buildings located on the grounds of Open Door Chapel. The purpose of the program is to provide immediate substance abuse detoxification services and divert individuals from the criminal justice system. This service is required as a community based diversion program in order to receive state funding for the planned jail expansion. The Recovery Center has a current capacity of 14 beds with an average length of stay of 3 days/admission. Approximately 1,000 persons are provided services through this program on an annual basis. Data from community agencies including the Police Department indicates that the need for the service continues to grow with the majority of referrals coming from the second precinct area of the city. Based upon service demand, a 20 bed facility is needed. In May of 1999, City Council approved the inclusion of a new facility in the CIP in the amount of $1,259,000 and asked that staff explore alternative locations which would best meet program and community needs. CONSIDERATIONS: Mental health staff have worked closely with staff from Public Works, General Services, Management Services, and the Planning Departments in order to identify appropriate alternative facility options which would address the following considerations · 2. 3. 4. 5. 6. Service delivery needs of the population State program licensure requirements Accessibility for referrals by community agencies and citizens Compatibility with neighborhood interests Co-location potential with other agencies Available resources Based upon extensive analyses of these considerations, three primary alternatives have been explored. ALTERNATIVE ONE- GEICO BUILDING: The facilities team considered the possibility of purchasing and renovating the Geico Building on Virginia Beach Boulevard. The site offered a number of potential strengths including: location is convenient and located adjacent to the current facility the building provided more space than currently needed thereby allowing for program growth and/or co-location of other services needing space adequate parking However, given the age of the building and the extensive renovations required in order to meet code and ADA standards, the cost of the project was judged to be significantly more than budgeted in the ClP. This alternative was removed from further consideration when we were notified that the owner had received another offer. ALTERNATIVE TWO - TRICARE BUILDING: This building, located on Lynnhaven Parkway near the intersection with Holland Road, had received extensive staff consideration last summer when the building was originally offered for purchase. But an engineering analysis of the exterior of the building revealed that significant repairs would be required to address moisture damage. Consequently, the feasibility of purchasing and renovating this building within existing budgeted resources was reevaluated. Ultimately the building was purchased by another party who is currently marketing the building for resale. This site offers several important advantages including: good location the interior could be easily renovated to meet the program needs of the facility surplus space could be made available to other agencies The primary disadvantage continues to be the cost of the building including the expense of interior renovations and the repairs necessitated by moisture damage. Neighborhood response to the facility in this area is also unknown. 2 AL TERNA TIVE THREE - OLD SEA TACK E£~_MENTARY SCHOOL: The final alternative that has received consideration is the co-location of the recovery program with the Law Enforcement Academy on the grounds of the old Seatack Elementary School. Working closely with the police and sheriff's departments, the facilities team has extensively analyzed this option over the past year. Preliminary site reviews by Public Works staff suggest that the building can be located on the south side of the school which will allow the programs to operate in a compatible manner. The configuration of the building on the site would meet the AICUZ requirements for residential facilities. Two extended discussions have been held with community leaders in the Seatack community, and they have provided written endorsement of the project. Key advantages to this site are: proximity to the second precinct which is the primary source of referrals estimated cost of the project is within budget the community appears to be receptive to the program and has identified opportunities for additional collaborations with services program compatibility with the law enforcement academy proximity to emergency medical services community leaders have offered to assist us in providing a public presentation in order to solicit public input on the design of the facility RECOMMENDATION: Based upon the year long analysis of these sites and the need to relocate this program from the existing facility, we recommend that City Council direct staff to pursue the old Seatack Elementary School alternative. Further we propose that the following course of action would be undertaken including: Work with the Seatack Community and the Public Information Office to provide a public forum in which staff could review the program plan and respond to questions and issues that might be identified by forum participants. Feedback from the forum would be reviewed with the goal of incorporating feedback and suggestions in order to complement the neighborhood. Staff are committed to a public process that involves community leaders in helping to plan and implement this project in a manner that produces a quality facility that will enhance the neighborhood. Engage architectural contract staff to begin the process of defining the project scope and construction schedule. Continue to collaborate with the police and sheriff's departments to assure that the renovation of the school and the construction of the project are coordinated efforts. Staff will be available at the June ~- 3 briefing session to discuss this further and to receive Council's direction. 3 Prepared and Reviewed By: Approved as to Content: Approved as to Legal Sufficiency: Approved: k¢~ns, Ph.D. Department Director Chief Operating Officer ,.,' .x' /' City Attorney Date Date 4