HomeMy WebLinkAboutMARCH 28, 2000 MINUTESCi
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
I 'ICE MAYOR i%'TLLIAM D. SESSOMS, JR., At-~c
JOHN A. BA UM, At-~ge
LLX~VOOD O. B~qNCtf, IH, District 6-Beach
MARGA~T L. EU~, Dmrtct l-Ccnten,dle
IYTLLL4M II'~ tL4~ISON, JR., D~stnct 5-Lvnnhaven
B,4~A~ M. HE,X~EI ~ District 7 -P~inces$ Anne
LOUIS R. JONES, Distm't 4-B~vside
~BA S. McCDtNAN, District 3-Rose lfall
NANCY K PA~ER, At-~rgc
A.M. (~N~ W~EKS, Dim'itt 2-Kempn.ille
JAMES K. SPORE, City Managc~
LESLIE L. IdLLE~: City Attorney
RUTH HODGES-SMITH, City CIcJk
of Vir inia Beach
"COMbIONI?Y FOR A I. IF~YiME"
CITY COUNCIL AGENDA
OUR N~~
CITY IIAl. I, II['II,I)IN(;
2401 CO['RTIIflUSE
VIR(JLXJA ]IEACII. VIR¢iINIA
Pllt)NE: (7571 327-4304 ( 7,; 7) 42t~
March 28, 2000
I. CITY MANAGER'S BRIEFING
- Conference Room -
3:30 PM
ho
Open Space
J. Barry Frankenfield
Planner-Parks and Recreation
II. REVIEW OF AGENDA ITEMS
III. CITY COUNCIL COMMENTS
IV. INFORMAL SESSION
- Conference Room -
$:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION:
Reverend James Milton Atkins
Church of God of Prophecy
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
March 14, 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.
Ho
PRESENTATION
FY 2000-2001 RESOURCE MANAGEMENT PLAN
Walter C. Kraemer
Acting Director-Management Services
ORDINANCES/RESOLUTION
o
Ordinance to AMEND Section 21-79 of the City Code re free decals issued to vehicles
leased by certain public safety Volunteers.
Ordinance to ACCEPT and APPROPRIATE $319,681 from Virginia Medicaid Waiver
funds; APPROPRIATE $12,686 in client fees to the FY 1999-2000 Operating Budget of
the Community Services Board (CSB) re additional client services; and, increase estimated
revenue accordingly.
Ordinance to TRANSFER $1,100,000 from the Instructional Category to the Transportation
Category for FY 1999-2000 School Operating Budget re replacement busses.
Ordinance to TRANSFER $600,000 from New Castle Elementary School (CIP #1-061), to
Seatack Elementary School (CIP # 1-198) re required funding for Birdneck Road access to
school site.
Resolutions re Virginia Department of Transportation (VDOT):
bo
Add 15.98 lane miles of new streets eligible for urban maintenance effective
July 1, 2000; and, increase applicable revenue of $112,591.92 per year.
Increase 9.38 lane miles of local/collector streets in the urban streets inventory; and,
increase applicable revenue of $65,228.52 per year.
REFUNDS:
a. LICENSE
b. TAX
PLANNING
1.
$17,850.48
$ 8,648.3O
Application of OCEANA DEVELOPMENT LP for the discontinuance, closure and
abandonment of an existing 50-foot right-of-way, 570 feet west of Bowland Parkway at
London Bridge Gardens, containing 20,821.6 square feet. (BEACH - DISTRICT 6)
Recommendation:
APPROVAL
Application of LARRY P. HERZ for an enlargement in a nonconforming use on the south
side of Delaware Avenue, east of Caribbean Avenue (712 Delaware Avenue), re enclosure
of an existing breeze-way between the single-family home and garage apartment, containing
7,000 square feet. (BEACH - DISTRICT 6)
Recommendation: APPROVAL
Application of JAMES M. ARNHOLD for the enlargement of a nonconforming use on Lot
3, Block B, Chesapeake Bay Shores (2414 Spinaker Court), re demolition of the existing
two-story townhouse and replacement by constructing a larger three-story townhouse,
containing 3,316.2 square feet. (LYNNHAVEN - DISTRICT 5)
Recommendation:
INDEFINITE DEFERRAL
Application of OCEANA CHURCH OF CHRIST for a Conditional Use Permit for a
church expansion of the north side of Virginia Beach Boulevard, east of north Oceana
Boulevard (1460 Virginia Beach Boulevard), containing 1.5176 acres. (BEACH -
DISTRICT 6)
Recommendation:
APPROVAL
Application of ROAD TO EMMAUS for a Conditional Use Permit for a church expansion
on the west side of Indian Lakes Boulevard, south of Providence Road (1001 Indian Lakes
Boulevard), containing 2.6433 acres. (KEMPSVILLE - DISTRICT 2 and CENTERVILLE -
DISTRICT 1)
Recommendation:
APPROVAL
Application of NEW COVENANT PRESBYTERIAN CHURCH for Conditional Use.
Permit for a church expansion on the east side of Kempsville Road, south of Quarry Lane
(1552 Kempsville Road), containing 4.46 acres. (CENTERVILLE - DISTRICT 1)
Recommendation:
APPROVAL
Application of TROY A. TITUS for a Change of Zoning District Classification from B-2
Community Business District and R-7.5 Residential District to Conditional B-2 Community
Business District south of Indian River Road and east of Kempsville Road (5221 Indian
River Road), containing 1.474 acres. (CENTERVILLE - DISTRICT 1)
Recommendation:
APPROVAL
Application of the CITY OF VIRGINIA BEACH, to AMEND the Comprehensive Plan
to include the SHORE DRIVE CORRIDOR PLAN.
Recommendation:
APPROVAL
K. APPOINTMENTS
FRANCIS LAND HOUSE BOARD OF GOVERNORS
HEALTH SERVICE ADVISORY BOARD
VIRGINIA BEACH CRIME TASK FORCE
L. UNFINISHED BUSINESS
M. NEW BUSINESS
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
March 28, 2000
Mayor Meyera E. Oberndorf called to order the CITY MANAGERS BRIEFING re OPEN SPACE in the
Council Conference Room, City Hall Building, on Tuesday, March 28, 2000, at 3:30 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 $. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William
D. Sessoms, Jr. and A. M. "Don" Weeks
Council Members Absent:
None
-2-
CITY MANAGER'S BRIEFING
OPEN SPACE
3:30 P.M.
ITEM # 46404
J. Barry Frankenfield, Planner - Parks and Recreation, expressed appreciation and recognition to Mayor
Oberndorf, Council Members McClanan and Henley, for attending all the meetings relative Open Space.
Mr. Frankenfield acknowledged the tremendous effort and support of Sara Hensley - Director of Parks and
Recreation; Brian Solis - Parks and Recreation Planner; Jodi Mize - Parks and Recreation Administrative
Analyst; Brian Phelps - Mapping; Planning: Clay Bernick, Karen Prochilo, 7bm Pauls; Parks and
Recreation Marketing and Information Systems: Doug Cherry, Caryl Thompson, Pete Hangen, Jay Smith;
and Lillie Gilbert - Chairman, Parks and Recreation Commission.
Mr. Frankenfield advised the Virginia Beach Outdoors Plan was ADOPTED in 1994 which was the first
time an integrated comprehensive approach was developed toward Open Space Planning. During the
September 21, 1999, Workshop, a Plan of the Bayside Area relative open space acquisitions, the locations
and possible cost, was shown to City Council. On November 23, 1999, Council Members Henley and Eure
presented the Open Space Advisory Report. Some of the key issues of this report were to develop an effective
Open Space Program that addressed visual and physical open space which will result in a "Signature
Look'for the City." City Council requested a Plan of Action be developed addressing two (2) basic issues:
(1) Update the Virginia Beach Outdoors Plan, and (2) Develop a comprehensive Open Space Program
involving an extensive public involvement program.
Five (5)planing areas have been detailed on a map. An extensive telephone
survey has been conducted.
Seven (7)focus groups have been conducted.
Two public meetings (Bayside and Lynnhaven) have been held. Five more
public meetings by Voting District will be conducted.
A public information open house will be conducted.
The DRAFT Virginia Beach Outdoors Plan 2000 and recommendations
should be completed by July 2000.
Mr. Frankenfield displayed the planning areas completed. This area of the City (Bayfront, Bayside, Little
Neck Great Neck and Oceanfront Planning areas) north of the old toll road (Route 44) contains 41% of
the City's population. There is an extensive amount of recreation (2,871.85 acre state park, City park
acreage of 425.38, etc.). The priorities derived through public meetings have been trails, preserve land and
provide access to the water. There are 1900 acres currently undeveloped in the northern portion of the City.
More land will be discovered moving south. A map was displayed which identified the key issues, properties
which could eventually be targeted for acquisition (green dots), water access sites (red-orange dots), trails
(dashed red lines). Approximately nine (9) sites have been identified reflecting the criteria of visual open
space, active reservation andpreservation of land. In some cases, these sites are seriously subject to intense
development pressures as exemplified on a site along Little Neck Road which is currently in the process of
being previewed by Planning for RS-D zoning, which would allow residential lots on 5, 000 square feet and
individual access of driveways to the road. The price tag of all properties (1900 acres) identified is
approximately $18-MILLION. A central Bayside property comprised of 196 acres and waterfront, zoned
residential, currently agriculture, was displayed. The community meetings identified this property as very
important to be preserved. Another property previously identified was 3 ~ acres adjacent to the existing City
Park in the Lake Edward area which buffers the existing residential community and provides expansion of
the existing park and a scenic buffer along the road. Relative the cost avoidance from the City purchasing
the land, a fiscal impact model was run on the aforementioned properties, which the Management Service
and Planning utilizes to evaluate proffers. It was determined there will be no cost avoidance associated with
acquiring these properties. Those properties will generate a small positive cash flow. They will depict a cost
neutral situation where the tax revenue will pay for the cost related. Significant savings will be in rural
areas or where the parcels are not infill. The value of acquiring these lands is very simple. Every property
adjacent to park open space nationwide has been proven to increase the property values: 15% to 20%
nationwide. Properties next to open space have a higher value. The Bow Creek Motel acquisition is an
excellent example. This motel was destroyed in November with the area now "open space". Adjacent
property owners have discovered they have a back yard and have invested in same. The values of these
properties will increase.
March 28, 2000
CITY MANAGER'S BRIEFING
OPEN SPACE
ITEM t4 46404 (Continued)
During the public meetings, there were three ways in which the public couM make comments: comment
forms, comments at each station and citizens' choice relative types of open space. Mr. Frankenfield
introduced Nanci Glassman - Continental Research Associates, to present information relative the
Telephone Survey results, after which, Chris Wells and Debi Osborne of the Trust for Public Land,
explained the funding and financing of the Open Space program.
A telephone survey was conducted with 500 randomly selected voters in Virginia Beach. The questionnaire
was designed in conjunction with the Trust for Public Land and was conducted in February and March
utilizing a very strict methodology. Seven focus groups were also conducted with randomly selected
participants in each of the City's seven districts. The phone survey provided statistical results and the focus
groups added interesting perspectives and more depth. The focus groups supported the findings of the
'phone survey quite strongly. The 'phone survey was opened with a very general question: "Would you say
things in Virginia Beach are definitely headed in the right direction, somewhat headed in the right direction,
somewhat off track or definitely off track?" 69.4% of those surveyed think Virginia Beach is generally
headed in the right direction. Later in the survey the question was asked: "Overall, would you say outdoor
recreation is extremely important, very important, somewhat important or not important to your family?"
60% advised outdoor recreation was extremely or very important. From the focus groups, it was derived
many people considered the recreational opportunities available in Virginia Beach before they chose to live
there. This is a great strength of Virginia Beach. ,ds a baseline measure, citizens were asked how they felt
Virginia Beach was doing in four categories: recreation centers, walking/biking trails, parks and making
beaches/waterways accessible. Virginia Beach received relatively high ratings concerning excellent or good
job:
85.8%
66.8%
6&2%
61.2%
recreation centers.
walking/biking trails
parks
accessible beaches/waterways
Some citizens are content with the status quo. 20.6% see no need to expand or improve recreation areas,
facilities, or activities in Virginia Beach. Most people made suggestions for improvement, such as creating
more bike paths, walking trails, boat ramps and parks. To provide a context, a series of 15 questions were
used to determine the importance of each issue.
% of Residents Who Think This is Very Important
Protecting habitats for wildlife 76. 8 %
Controlling growth 74.2 %
Improving air quality 72.8%
Protecting land from development 69.4%
45.4% of Residents Think Creating More Parks is Very Important
Parks and Open Space
(a) Give families quality time
(b) Offer positive options for teens
(c) Build character/add to quiet enjoyment
(d) Add to quiet enjoyment
(e) Are aesthetically pleasing
75.1% were in favor of creating a Parks and Open Space Fund. 64.6% think the first priority ora Fund
should be protecting land from development and preserving land that protects water quality. Concerning
the cost, 43.2% would be in favor of the Fund at $60 per household per year. 61.0% would be in favor of
the Fund at $30/yr. 69.2% would be in favor of the Fund at $15/yr. 30.8% are opposed if it costs taxpayers
even $15/yr. Three separate options were proposed during the 'phone survey to determine how each might
affect individuals' support of the fund.
Percent who said "Yes"
A yearly independent audit andpublic report 34.2%
Expenditures monitored by a citizen's committee &
shared with the public 39.0%
A sunset provision where taxes would end after 8 years. 35.2%
March 28, 2000
CITY MANAGER'S BRIEFING
OPEN SPACE
ITEM # 46404 (Continued)
The $60 per year figure was based on 150,000 households. This was a high figure and utilized just to
establish a range. It is customary to re-measure support for an issue after additional information has been
discussed. After discussion, 66.2% were still in favor of creating a Parks and Open Space Fund Focus
groups generally preferred a "pay-as-you-go"plan vs. bonds.
Mr. Frankenfield advised city-wide, based on zoning of agricultural or forested areas', there are 7,000 acres
in the northern portion of the City which are not in the Agricultural Reserve. When all open space has been
identified, it should comprise between 7,000 and 8, 000 acres of undeveloped property.
Chris Wells, advised the Trust for Public Land is a national non-profit land conservation organization in
existence for approximately 25years. As a result, the Trust has been involved in real estate projects which
have protected more than I-MILLION acres nationwide with a value of over $1.5-BILLION. The Trust
for Public Land involves conservation real estate services, landowner negotiations, assembling public-
private funding packages and expediting the closing process. The Trust was involved in two different deals
which created the Kiptopeke State Park totaling 550 acres and was also instrumental in creating the
Rappahannock National Wildlife Refuge comprised of approximately 3,000 acres. Mr. Wells advised the
Trust has been successful relative public finance services with over 60 campaigns comprising over $8-
BILLION in new funding for land conservation.
Mr Wells cited examples of other cities and counties which are roughly equivalent in population and per
capita income. The amounts cited are 1990figures.
Virginia Beach
Population: 393,069
Household Income: $ 36,271
Mecklenburg County, North Carolina (Charlotte)
Population: 511,433
Household Income = $33,830
$ Source:
Revenues:
Purpose:
Victory on Ballot:
General Obligation Bond, 1999
$2 20-MILLION
Water Quality, Natural Land Preservation
61%/39%
Ocean County, New Jersey
Population = 433,203
Household Income = $33,110
$ Source:
Revenues:
Purpose:
Victory on Ballot:
Property Tax Levy & Revenue Bond, 1997
$80-MILLION
Natural Land, Water Quality, Farmland
61%/39%
Austin, Texas
Population = 506, 741
Household Income = $25,907
$ Source:
Revenues:
Purpose:
Victory:
General Obligation Bonds (1992, 1998)
$116-MILLION
Water Quality, Parks, Growth Management
61%/39% in 1992, 60%/40% in .1998
Portland, Oregon
Population = 43 7, 398
Household Income = $25,592
$ Source
Revenues:
Purpose:
Victory:
General Obligation Bond, 1995
$136-MILLION
Natural Land, Parks, Trails
63 %/3 7%
March 28, 2000
CITY
Population = 281,140
$ Source:
Revenues:
Purpose:
Victory:
-5-
MANAGER'S BRIEFING
OPEN SPA CE
ITEM # 46404 (Continued)
Colorado Springs, Colorado
HousehoM Income = $28,928
Sales Tax Levy, 1997
$80-MILLION
Natural Land Preservation, Parks, Trails
54%/46%
West Palm Beach, Florida
Population = 67,643
$ Source
Revenues
Purpose:
Victory:
Household Income = $ 26,504
General Obligation Bond, 2000
$20-MILLION
Parks, Water Quality
55%/45%
Debi Osborne, Director of Chesapeake Field Office - Trust for Public Land, advised the Trust does not have
the authority to condemn. There are many cases where the Trust has assisted State governments in
completing these public financing campaigns. The Trust has also assisted with many of the acquisitions.
There are so many lands available from willing sellers, there has not been the need for condemnation.
Further down the line, properties might be found that are essential for a park that there may be the necessity
to do this.
Mr. Frankenfield advised, with the exception of First Landing State Park trail, corridors have not been
identified which are not adjacent to existing corridors. Mr. Frankenfield advised land use tools, smart
growth techniques, easements, acquisitions and different funding sources will be identified.
Sara Hensley, Director of Parks and Recreation, advised it is critical to utilize the partners already in place
to assist in the City's efforts. The issue of public meetings must continue so the citizens understand
completely the open space issue. Ms. Hensley expressed appreciation to Continental Research and Trust for
Public Land. Ms. Hensley recognized the City staff for their extraordinarily hard work and dedication.
March 28, 2000
-6-
AGENDA RE VIE W SESSION
4:40 P.M.
ITEM # 46405
Ordinance to TRANSFER $1,100, O00 from the Instructional
Category to the Transportation Category for FY1999-2000
School Operating Budget re replacement busses.
The City Manager advised the bus issue will be ongoing, as approximately 56 buses need to be replaced,t,
each year. The issue is to attempt to continue this replacement with current funding. This' is a major step
forward.
ITEM # 46406
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
ORDINANCES/RESOL UTION
1.1
Ordinance to AMEND Section 21-79 of the City Code re free
decals issued to vehicles leased by certain public .safety
Volunteers.
Ordinance to ACCEPT and APPROPRIATE $319,681from
Virginia Medicaid Waiver funds; APPROPRIATE $12,686 in
client fees to the FY 1999-2000 Operating Budget of the
Community Services Board (CSB) re additional client services;
and, increase estimated revenue accordingly.
Ordinance to TRANSFER $1,100, O00 from the Instructional
Category to the Transportation Category for FY1999-2000
School Operating Budget re replacement busses.
Ordinance to TRANSFER $600,000 from New Castle
Elementary School (CIP #1-060, to Seatack Elementary School
(CIP #1-198) re required funding for Birdneck Road access to
school site.
I. 5. Resolutions re Virginia Department of Transportation (VDOT):
Add 15.98 lane miles of new streets eligible for urban
maintenance effective July 1, 2000; and, increase applicable
revenue of $112,591.92 per year.
Increase 9.38 lane miles of local~collector streets in the urban
streets inventory; and, increase applicable revenue of $65,228. 52
per year.
1.6. REFUNDS:
a. LICENSE $17, 850. 48
b. TAX $ 8,648.30
March 28, 2000
-7-
AGENDA RE VIEW SESSION
ITEM # 46407
J. 7
Application of TROYA. TITUS for a Change of Zoning District
Classification from B-2 CommunitF Business District and R- 7. 5
Residential District to Conditional B-2 Community Business
District south of Indian River Road and east of Kempsville Road
(5221 Indian River Road), containing 1.474 acres.
(CENTER VILLE - DISTRICT 1)
Karen Lasley, Planning Co-ordinator, advised the applicant has amended the proffers to add proffer #5,
which ensures that the architectural style and building materials of the future retail shops will match the
proposed office building.
ITEM # 46408
J. 8. Application of the CITY OF VIRGINIA BEACH, to AMEND
the Comprehensive Plan to include the SHORE DRIVE
CORRIDOR PLAN.
The City Attorney distributed the Ordinance and attachments, which was not included in the City Council
Agenda. This item will be discussed during the Formal Session..
ITEM # 46409
BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA.
J. 1
Application of OCEANA DEVELOPMENT LP for the
discontinuance, closure and abandonment of an existing 50-foot
right-of-way, 570 feet west of Bowland Parkway at London
Bridge Gardens, containing 20,821.6 square feet. (BEACH-
DISTRJCT 6)
Application of LARRY P. HERZ for an enlargement in a
nonconforming use on the south side of Delaware Avenue, east
of Caribbean Avenue (712 Delaware Avenue), re enclosure of an
existing breeze-way between the single-family home and garage
apartment, containing 7, 000 square feet. (BEACH - DISTRICT
0
Application of JAMES M. ARNHOLD for the enlargement of a
nonconforming use on Lot 3, Block B, Chesapeake Bay Shores
(2414 Spinaker Court), re demolition of the existing two-story
townhouse and replacement by constructing a larger three-story
townhouse, containing 3,316.2 square feet. (LYNNHA VEN -
DISTRICT 5)
Application of OCEANA CHURCH OF CHRIST fora
Conditional Use Permit for a church expansion of the north side
of Virginia Beach Boulevard, east of north Oceana Boulevard
(1460 Virginia Beach Boulevard), containing 1.5176 acres.
(BEACH- DISTRICT 6)
Application of ROAD TO EMMAUS for a Conditional Use
Permit for a church expansion on the west side of Indian Lakes
Boulevard, south of Providence Road (1001 Indian Lakes
Boulevard), containing 2.6433 acres. (KEMPSVILLE -
DISTRICT 2 and CENTERVILLE- DISTRICT 1)
Application of NEW COVENANT PRESB YTERIAN CHURCH
for Conditional Use Permit for a church expansion on the east
side of Kempsville Road, south of Quarry Lane (1552 Kempsville
Road), containing 4.46 acres. (CENTERVILLE- DISTRICT l)
March 28, 2000
-8-
GEND.4 RE VIE W SESSION
ITEM # 46409 (Continued)
J.Z
Application of TROY`4. TITUS for a Change o£Zoning District
Classification from B-2 Community Business District and R- 7. 5
Residential District to Conditional B-2 CommunitF Business
District south of Indian River Road and east of Kempsville Road
(5221 Indian River Road), containing 1.474 acres'.
(CENTER VILLE - DISTRICT 1)
Item J. 3. will be DEFERRED INDEFINITELY, BY CONSENT.
March 28, 2000
-9-
CITY COUNCIL COMMENTS
4:43 P.M.
ITEM # 46410
Councilman Lady Parker referenced a flyer in The Virginian Pilot relative the Oceanajet noise issue. The
City Manager advised the city is working on a number of issues related to the jet noise.. Council Lady Parker
requested an update regarding positions.
The City Manager advised an issue is scheduled for the City Council Session of April 4, 2000, Resolution
requesting Congress amend legislation to enable the Federal Aviation Administration (FAA) noise
mitigation funds to be used at military airports. This request was made by the Citizens Concerned About
Jet Noise (CC.4JN) during ongoing dialogue with the City. These funds couM be used to provide additional
noise attenuation through additional insulation and/or new windows and doors for residential structures
heavily impacted by jet aircraft operation from Oceana Naval Air Station and Fentress Naval Auxiliary
Landing Field. Mayor Oberndorf said, as the military funds are sorely impacted, deriving these noise
attenuation funds from the FAA could offset this cost.
A Status Report will bepresented by Captain William C. "Skip Zobel, Commanding Officer - NAS Oceana,
in the near future.
ITEM # 46411
Councilman Baum referenced Councilman Branch's (new father) Letter to the Editor in The Virginian Pilot.
The Public Editor was misleading about Kerry Dougherty and others who write opinion columns inscribed
with their names and faces. These are not editorials; however, the same people write editorials. Councilman
Baum left a message on the newspaper's voice mail, but did not receive a response.
ITEM # 46412
Councilman Branch referenced the Open Space presentation and the depiction of by-right development.
Councilman Branch requested a review of the Infili Ordinances. There is development which is taking place
in his district that the City Council would not have approved if it would come before them now. If this is a
budgetary issue, the City Council has the capability to review. Councilman Branch does not believe every
piece of property will be available to be purchased even if the Open Space Program is approved
ITEM # 46413
Mayor Oberndorf inquired of the City Attorney relative the necessity to enter into Closed Session. Vice
Mayor Sessoms advised after the conclusion of every Closed Session, the entire meeting is being discussed
on the outside.
The City Manager advised the Appointments and the sale price of property owned by the City need to be
discussed in Closed Session.
Council Lady Eure said every minute should count during the Closed Session. Lunch or dinner should be
held prior to the Closed Session.
The City Attorney advised for sometime, the news media has been timing the Closed Sessions.
March 28, 2000
-lO-
ITEM # 46414
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, March 28, 2000, at 4:48
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, A. M. "Don" Weeks
and Vice Mayor William D. Sessoms, Jr.
Council Members Absent:
None
March 28, 2000
-11-
ITEM # 46415
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion, consideration or interviews of
prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
2.1-344 (A) (1).
To Wit:
Boards and Commissions:
Francis Land House Board of Governors
Health Services Advisory Board
Virginia Beach Crime Task Force
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of the
disposition of publicly-held real property, for discussion in an open
meeting which would adversely affect the bargaining position or
negotiating strategy of the public body pursuant to Section 2.1-344(A)(3).
CSB Building - Wildwood Drive
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council voted to proceed
into CLOSED SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, A. M. "Don" Weeks and
Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
March 28, 2000
- 12-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
March 28, 2000
6:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, March 28, 2000, at 6:00 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 James Milton Atkins
Church of God of Prophecy
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessoms, being a Corporate Officer of Wachovia Bank, disclosed there were no matters on the
agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as
an officer of Wachovia Bank. The Vice Mayor regularly makes this Disclosure as he may not know of the
Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of danuary
4, 2000, is hereby made a part of the record.
March 28, 2000
Item V-E.
- 13-
CER TIFICA TION OF
CLOSED SESSION
ITEM # 46416
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure,, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,
Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M.
"Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
William W. Harrison, Jr.
March 28, 2000
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened
pursuant to the affirmative vote recorded in ITEM # 46415, Page 11,
provisions o£ The Virginia Freedom of Information Act; and,
into CLOSED SESSION,
and in accordance with the
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted fi.om Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
P~th H~~
City Clerk
March 28, 2000
- 14-
Item VI-F.
MINUTES
ITEM # 46417
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of March 28, 2000.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Margaret L. Eure, Barbara M. Henley, Louis R. Jones,
Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Abstaining:
Linwood O. Branch, III
Council Members Absent:
William W. Harrison, Jr.
Councilman Branch ABSTAINED, as he was awaiting the birth of his chiM and not in attendance during
the City Council Session of March 14, 2000.
March 28, 2000
Item V-G.
-15-
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 46418
B Y CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
March 28, 2000
Item V-G. 1.
-16-
ANNOUNCEMENT
ITEM # 46419
Mayor Oberndorf congratulated Councilman Branch and his wife, Robin on the birth of a son on Friday,
.March 24, 2000.
Easton Ross Branch
6pounds 11 ounces
21-1/2 inches
March 28, 2000
-17-
Item V-H.
PRESENTATION
ITEM# 46420
FY 2000 - 2001 RESEARCH MANAGEMENT PLAN
The City Manager distributed the pamphlet which will appear in The Virginian Pilot and delivered to every
househoM in the City on April 9, 2000, the Executive Summary, Operating Budget and Capital
Improvement Program of the FY2000-2001ResourceManagement Plan. The City Council's "destination
points" and "businesses" were the guiding philosophy in developing the documents. As in past years, a
budget caucus process was utilized in order for all voices to be heard regarding issues and priorities. There
was a close collaboration with schools during the entire endeavor. The School Board's recommended
budget is funded in its entirety and incorporated in the City's Operating Budget and Capital Improvement
Program. Softwear developed in-house over the years is being utilized around the United States. The City's
budget system has been soM to other communities i.e. Norfolk, Virginia; Sarasota County, Florida. The City
Manager advised this was the first paperless budget and was transmitted to the print shop electronically.
The City Manager complimented the staff of the print shop as the quality of the document is extraordinary.
Color is also being utilized in the document for the first time. Thus, the document reads much easier. The
City Manager introduced Walter C. Kraemer, Acting Director- Management Services'. This is Walt's twenty-
fifth and last budget as he is retiring after twenty-five years of service. The City Manager expressed
appreciation to Walt, David Bradley, Catheryn Whitesell and their staff.
Mr. Kraemer presented the FY 2000 - 2001 RESEARCH MANAGEMENT PLAN with the utilization of
the new technology recently installed in the Council Chamber. Without a tax rate increase, the City is:
Building "e-government" - a 24 hour~7 day per week operation
Funding Schools within the Revenue Sharing Policy
Replacing Bayside Library and Third Police Precinct
Adding new police officers (15) and fire fighters (10).
Building General Booth Fire Station
Modernizing 21 schools
Opening the Pungo-Blackwater Library
Opening the new Lynnhaven Boat Ramp
Rebuilding Sandbridge Fire Station
Constructing a law enforcement training academy at
Old Seatack Elementary
Building Princess Anne Library (anticipated completion
September 2002)
Overall, increasing infrastructure maintenance funding
by $14. 9-MILLION.
The City is able to accomplish these feats for the following reasons:
Investment partnerships are paying off
Economic development is building the economy
The City provides low cost, quality services
through productivity improvements and with the help
of volunteers
Continuation of State support
Student enrollment is essentiaily flat
For the first time, the schools are reducing
instructional positions
March 28, 2000
Item V-H.
PRESENTATION
- 18-
ITEM # 46420 (Continued)
FY 2000 - 2001 RESEARCH MANAGEMENT PLAN
Other definitive measures of the City's success: Bond ratings were upgrade& Ranked as the third best-
managed community by Governing Magazine & Syracuse University; Economic investments are returning
$7.3-MILLION each year. The City has attracted 13 new companies and created over 600 new jobs.
The Plan is based on City Council Directives:
City/School Revenue Policy
Infrastructure Maintenance Policy
School Technology Policy
School Modernizations Policy
Fiscal Sustainability
Deb t Man agem en t Policies
Proposed - Investment Partnerships
OPERATING BUDGET
FY 1999-2000 FY 2000-2001 Percent
Adjusted Budget Proposed Budget Change
Operations $ 943,336,801 $ 986,759,627 4.60%
Capital Projects 35, 502, 804 34, 712, 546 -2.23%
Debt Service 95,121,628 94,207,582 -0. 96%
$ 1,073,961,233 $1,115,679,755 3.88%
3.88% is the smallest growth in the Budget in eight years.
Schools are fully funded within Revenue Sharing Formula
15 police officers are added
12 fire fighters are added
Automated solid waste service will be extended to townhouses (saving
approximately $2.5-MILLION over five years at an initial start-up cost
of $594,000.)
Provided for maintenance & special event staffing, adding 14 FTE's.
Expansion of consumer protection services (addition of an Investigator
in the Commonwealth's Attorney Office).
New auditor to enhance internal controls.
Additional staff or child protective service programs (changing part-
time positions to full time).
2 staff to allow Communication Officers to focus on E911 calls.
Concerning employees:
Pay ranges will be structurally adjusted 2% and City employees will get
up to a 4.5% merit increase on their merit date.
Schools will be implementing new pay plans resulting in higher salaries
and have set aside sufficient funding for a step increase (salary
increases will range between 4.8% and 9.5% for teachers, after
adjustment of pay scale).
If warranted, both systems will provide, a SlOper month increase per
employee health insurance contributions, beginning January 2001
Police officer, fire fighter & recruit levels will receive a 5% pay range
adjustment due to the Market Survey.
March 28, 2000
Item V-H.
PRESENTATION
- 19-
ITEM # 46420 (Continued)
FY 2000 - 2001 RESEARCH MANAGEMENT PLAN
CAPITAL IMPROVEMENT PROGRAM
APPROVED/ APPROVED Percent
FY 1999-2000/ FY 2000-01/ Change
FY2004-05 FY2005-06
City General $ 542,218,594 $ 637,597,001 17.59%
School 369, 659, 611 387, 53 7, 693 4.84°/3
Utilities 384, 939, 916 406, 738,161 5.66%
$ 1,296,818,121 $1,431,872,855 10..41%
Construction of General Booth Fire Station
Construction of Princess Anne Library
2 bridges will be replaced
11 major intersections will be improved
4 additional schools in the modernization program (OM Donation
Center, Virginia Beach Middle, Windsor Oaks Elementary and Bayside
6th Grade Campus).
$72.4-MILLION in renovation and rehabilitation of other school sites.
Juvenile Detention Center will be moving forward (90-bed facility and
scheduled to be completed January 2003).
Lake Holly & Old Beach neighborhoods will see improvements
Mount Trashmore will be recapped (repair seepage issues)
Pedestrian/bike trails will be constructed along sections of Shore Drive
($500, 000 allocation of roadways to study the roadway capacity needs
of the Shore Drive Corridor).
PROPOSED FY 2000-2001 RESOURCE MANAGEMENT PLAN SCHEDULE
DATE EVENT LOCATION TOPIC
Tuesday, April 4 Council Workshop Council Conference Economic Vitality, Safe
10:00 AM - Noon Room Community, & Policy and
Decision Support
Tuesday, April 11 Council Workshop Council Conference Quality Education for Lifelong
10:00 AM - Noon Room Learning
Thursday, April 13 Public Hearing Princess Anne High Public comment on Proposed
7:00 PM - 9:30 PM School FY 2000-2001 Resource Mgmt.
Plan
Tuesday, April 18 Council Workshop Council Conference Quality Physical Environment &
2:00 PM - 4:00 PM Room Operational Support
Tuesday, April 25 Council Workshop Council Conference Cultural and Recreational
2:00 PM - 4:00 PM Room Oppommities & Family and
Youth Opportunities
Tuesday, April 25- 6:00 Public Hearing Council Chamber Public Comment
PM
Thursday, May 4 Council Workshop Council Conference Reconciliation of outstanding
10:00 AM - Noon Room resource issues
Tuesday, May 9 - 2:00 Adoption of FY 2000- Council Chamber
PM 2001 Resource Mgmt.
Plan
This schedule appears on Page 7 of the Executive Summary and there are changes. A more detailed listing
will be provided. There are changes due to conflicts. Convention and Visitor Development will be scheduled
later. The Police and Public Libraries plan to present information on the Bayside Library options after the
School Board's presentation on April 11, 2000.
March 28, 2000
Item V-H.
- 20-
PRESENTATION ITEM # 46420 (Continued)
FY 2000 - 2001 RESEARCH MANAGEMENT PLAN
The City Manager advised during the Capital Improvement Program discussion, a progress report will be
provided on the Stormwater Projects relative the backlog and projections. During the School Board
presentation, an update on the modernization program and issue of portables will be included. There is no
'phone tax included in the FY 2000 - 2001 RESEARCH MANAGEMENT PLAN.
March 28, 2000
- 21 -
Item V-I
ORDINANCES/RESOL UTION
ITEM # 46421
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED IN
ONE MOTION, ORDINANCES/RESOLUTION 1, 2, 3, 4, 5 a/b and 6 of the CONSENT AGENDA.
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
March 28, 2000
- 22 -
Item V-L1.
ORDINANCES/RESOL UTION
ITEM # 46422
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to AMEND Section 21-79 of the City Code re free decals
issued to vehicles leased by certain public safety Volunteers.
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. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
March 28, 2000
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AN ORDINANCE TO AMEND THE CITY CODE PERTAINING
TO CITY AUTOMOBILE DECALS BY PERMITTING FREE
DECALS TO BE ISSUED TO VEHICLES LEASED BY
CERTAIN PUBLIC SAFETY VOLUNTEERS
SECTION AMENDED: § 21-79
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 21-79 of the City Code is hereby amended and
reordained to read as follows:
Sec. 21-79. Issuance of decal to members of volunteer fire
companies or rescue squads, auxiliary policeme~
officers, volunteer police chaplains, auxiliary
deputy sheriffs, disabled veterans and surviving
spouses of disabled veterans.
City automobile decals shall be issued to members of the
various volunteer fire companies and rescue squads, to auxiliary
policeman officers and to volunteer police chaplains of the city,
to auxiliary deputy sheriffs, to disabled veterans as defined in
Code of Virginia section 46.2-100, and to surviving spouses of such
disabled veterans, without the payment of any tax or fee, in accord
with the following provisions:
(1) The city treasurer shall issue a city automobile decal to
each active member of the various volunteer fire
companies and rescue squads, to each active auxiliary
policeman officer, to each active volunteer police
chaplain, and to each active auxiliary deputy sheriff,
and to each such volunteer who, although presently
inactive, has completed ten (10) or more years of active
service in the city, who shall submit a letter from the
chief of his fire company or rescue squad or, in the case
of auxiliary policeman officers and volunteer police
chaplains, from the chief of police, or in the case of
auxiliary deputy sheriffs, from the sheriff, stating that
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he is an active member of the company or squad or is an
active auxiliary policeman officer, volunteer police
chaplain or auxiliary deputy sheriff, or that, if
inactive, he has completed ten 10) or more years of
active service. Such decal shall be provided to active
members of volunteer fire companies and rescue squads,
and each active auxiliary police officer, volunteer
police chaplain and auxiliary deputy sheriff, regardless
of whether the volunteer owns or leases the vehicle for
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(2)
(3)
(4)
which the decal is requested.
Each such volunteer fire company or rescue squad member,
auxiliary policeman officer, volunteer police chaplain
and auxiliary deputy sheriff shall, at the time of
issuance, agree with the treasurer to return to the
treasurer the city automobile decal issued to him, if and
when such volunteer becomes inactive prior to completing
ten (10) or more years of active service.
The chief of each volunteer fire company and rescue
squad, the chief of police, and the sheriff shall submit
to the treasurer the names and length of active volunteer
service of members, auxiliary policemcn officers and
police chaplains and auxiliary deputy sheriffs who become
inactive.
The city treasurer shall issue a city automobile decal to
each disabled veteran and to each surviving spouse of a
disabled veteran who shall present certification of such
status from the U. S. Veterans Administration.
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This ordinance shall be effective as of January 1, 2000.
Adopted by the City Council of the City of Virginia Beach, Virginia,
on this 28 day of March , 2000.
CA-7627
DATA/ODIN/PROPOSED/21-079ord.wpd
R2
PREPARED: March 16, 2000
Item V-I.2.
ORDINANCES/RESOL UTION
- 23 -
ITEM # 46423
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $319,681 from Virginia
Medicaid Waiver funds; APPROPRIATE $12, 686 in client fees to the FY
1999-2000 Operating Budget of the Community Services Board (CSB)
re additional client services; and, increase estimated revenue
accordingly.
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. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
March 28, 2000
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AN ORDINANCE ACCEPTING AND
APPROPRIATING $319,681 IN STATE
FUNDS AND APPROPRIATING $12,686 IN
CLIENT FEES FOR SERVICES TO THE FY
2000 OPERATING BUDGET OF THE
COMMUNITY SERVICES BOARD TO PROVIDE
ADDITIONAL CLIENT SERVICES
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WHEREAS, the Community Services Board ("CSB") has 14 new
residential consumers, and an additional $319,681 from the
Commonwealth of Virginia in Medicaid Waiver funds, along with an
additional $12,686 in client fees,
services to these consumers; and
WHEREAS, an additional
will be available to fund
11.07 full-time equivalent
positions must be created to provide the additional services made
possible by these additional revenues.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That $319,681 in Medicaid Waiver funds from the
Commonwealth of Virginia is hereby accepted and appropriated to the
FY 2000 Operating Budget of the Community Services Board ("CSB")
from the Commonwealth of Virginia to provide services for these
consumers.
2. That $12,686 in client fees is hereby appropriated to
provide services for these consumers.
3. That the number of full-time equivalent positions in
the CSB's FY 2000 Operating Budget is hereby increased by 11.07.
4. That funding for the services described in this
ordinance is contingent upon continued state funding, and if this
funding is reduced or eliminated, then the services, as well as the
positions established to provide the services, will be reduced or
eliminated accordingly.
5. That estimated revenue in the CSB's FY 2000 Operating
Budget is hereby adjusted to reflect $319,681 in additional revenue
from the Commonwealth of Virginia and $12,686 in additional revenue
from client fees.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 28 day of March , 2000.
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Requires an affirmative vote by a majority of members of
City Council.
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CA 7641
F: \Data\ATY\Ordin~NONCODE\CSB Residential Funding.ord
March 15, 2000
R-4
44 APPROVED AS TO CONTENT:
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47 Management Servm%es~
APPROVED AS TO LEGAL
SUFFICIENCY
City Attorney, s Offi~
- 24-
Item V-I.3.
ORDINANCES/RESOL UTION
ITEM # 46424
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED
Ordinance to TRANSFER $1,100, O00 from the Instructional Category
to the Transportation Category for FY1999-2000 School Operating
Budget re replacement busses.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William ~
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
March 28, 2000
AN ORDINANCE TO CONSENT TO THE
TRANSFER OF $1,100,000 FROM THE
INSTRUCTIONAL CATEGORY TO THE
TRANSPORTATION CATEGORY WITHIN THE
FY 2000 SCHOOL OPERATING BUDGET
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WHEREAS, the School Board of Virginia Beach has, within
the FY 2000 School Operating Budget, identified resources available
to replace aging school buses;
WHEREAS, $1,100,000 of the necessary funds are in the
Instructional category, requiring a transfer of these funds to the
Transportation category;
WHEREAS, pursuant to §22.1-89 of the Code of Virginia,
the transfer of funds from one category to another requires the
consent of City Council~
WHEREAS, by resolution adopted March 7~ 2000~ the School
Board formally requested the City Council to approve such a
transfer; and
WHEREAS, the City Council wishes to support the School
Board's efforts to address pupil transportation needs while staying
within resource levels.
NOW, THEREFORE~ BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That City Council hereby consents to the School Board's
transfer of $1~100,000 from the Instructional category to the
Transportation category in the FY 2000 School Operating Budget.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 28th day of March, 2000.
CA7654
F:kDatakATY/Ordin/NONCODE/Replacement Buses.ord
March 22~ 2000
R-2
32 APPROVED AS TO CONTENTS:
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APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office
' IRGINIA BEACH CITY PUBLIC SCHOOLS
AHEAD OF THE CURVE
A REQUEST OF THE VIRGINIA BEACH CITY COUNCIL TO TRANSFER
CERTAIN FUNDS
RESOLUTION
WHEREAS, the mission of the Virginia Beach City Public Schools, in partnership with our entire
community, is to ensure that each student is empowered with the knowledge and skills necessary to
meet the challenges of the future; and
WHEREAS, in order to meet a 12-year replacement cycle as recommended by the state, the school
system should replace approximately 56 buses each year; and
WHEREAS, budgetary constraints in recent years have precluded the inclusion of funds in the
Operating Budget for the purchase of sufficient replacement buses to meet State recommended
replacement cycle of 12 years; and
WHEREAS, the ability to place orders for school buses before May 1, 2000 will allow the school
system to receive these buses at the beginning of the school year rather than to be placed on a waiting
list with other divisions and receive the buses much later in the school year; and
WHEREAS, the safety of students is always a primary concern of the Virginia Beach School
Board and the School Administration; and
WHEREAS, the School Board proposed Operating Budget for FY 2000/01 at $472,303,684 met
the Revenue Sharing Formula target as defined by the City Council; and
WHEREAS, the FY 2000/01 Operating Budget maintains the bus replacement baseline of $1.34
million, sufficient to replace approximately 26 buses in the fleet of approximately 669 buses; and
WHEREAS, the School Board was presented with a mid-year review of the FY 99/00 Operating
Budget which indicated that approximately $14.2 million has been identified as available from the FY
99/00 Operating Budget; now, therefore, be it
RESOLVED: That the Virginia Beach School Board requests the Virginia Beach City Council to
approve a categorical transfer in the amount of $1,100,000 from the Instructional Category to the
Pupil Transportation Category to be used by the school division for the purpose of ordering
replacement buses; and be it further
RESOLVED: That the Clerk is directed to deliver a copy of this Resolution to the Mayor, each
member of City Council, the City Manager and the City Clerk, and be it further
RESOLVED: That the Superintendent is directed to deliver directly to the City Manager a copy of
this resolution and request that this transfer request be placed on the next available City Council
Action Agenda; and, be it further
RESOLVED: That a copy of this resolution be spread across the official minutes of this Board.
SEAL
Adopted by the School Board the 7a' day of March 2000
Daniel D. Edwards, Qhairman -
Attest:
Dianne M. Page, Clerk of theOBoard
School Administration Building · 2512 George Mason Drive · R O. Box 6038 · Virginia Beach, VA 23456-0038
- 25 -
Item V-I.4.
ORDINANCES/RESOL UTION
ITEM # 46425
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED
Ordinance to TRANSFER $600, O00 from New Castle Elementary School
(CIP #1-061), to Seatack Elementary School (CIP #1-198) re required
funding for Birdneck Road access to school site.
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. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
March 28, 2000
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AN ORDINANCE TO TRANSFER $600,000
FROM CAPITAL IMPROVEMENT PROJECT #1-
061, NEW CASTLE ELEMENTARY SCHOOL,
TO CAPITAL IMPROVEMENT PROJECT #1-
198, SEATACK ELEMENTARY SCHOOL
RELOCATION TO PROVIDE ADDITIONAL
FUNDING REQUIRED FOR THE BIRDNECK
ROAD ACCESS TO THE SCHOOL SITE
WHEREAS, unforseen site issues relating to the relocation
of Capital Improvement Project #1-198, Seatack Elementary School
Relocation Project, have caused increased construction costs;
WHEREAS, Capital Improvement Project #1-061, New Castle
Elementary School, has been completed under budget and surplus
appropriations are available; and
WHEREAS, the School Board on March 21, 2000 requested
that $600,000 in appropriations be transferred from Capital
Improvement Project #1-061 to Capital Improvement Project #1-198 to
fund these increased costs.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the FY 2000 Capital Budget is hereby amended by
transferring $600,000 from Capital Improvement Project ~1-061, New
Castle Elementary School Project, to Capital Improvement Project
#1-198, Seatack Elementary School Relocation Project, for the
purpose of providing additional funding needed for access to the
new Seatack Elementary School.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 28 day of March , 2000.
CA7653
F:~Data~ATY~Ordin~NONCODE~Birdneck Road Access.ord
March 22, 2000
R-4
APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICIENCY:
IRGINIA BEACH CITY PUBLIC SCHOOLS
AHEAD OF THE CURVE
CAPITAL IMPROVEME~ PROGRAM
TRANSFER OF FUNDS
WHEREAS, tho School Board adopted the 2000101-2005/06 Capital Improvement Program (CIP) on
February 15, 2000, and
WHEREAS, included in the adopted CIP is a request to transfer $600,000 from project 1-061 New
Castle Elementary School into project 1-198 Seatack Elementary School, and
WHEREAS, the New Castle and S~tack elementary projects were bid as a package under one contract,
and
WHE~, the New Castle Elementary project has been constructed for approximately $1,350,000 less
than the original project budget, and
WHEREAS, unforeseen site conditions related to Birdneek Road improvements which are a part of the
Seatack Elementary School project necessitate the proposed transfer of funds, and
WHEREAS, the transfer of these funds needs to occur prior to July 1, 2000, as would normally occur
during the CIP process,
now tl~re, fom be it
RESOLVED: That the School Board requests that City Council transfer $600,000 from CIP 1-061 into
CIP 1-198, and be it further
RESOLVED: That a copy of this resolution be delivered promptly to City Council, City Manager, and
City Clerk by the Clerk of the Board.
Adopted bythe School Board ofthe City of ~rugh~ B~meh March 21, 2000
SEAL
Attest
Dianne M. Pag~'Clark of~ho fioard
Daniel D. Edwards, Chairman
School Administration Building * 2512 George Mason Drive * R O. Box 6038 * Virginia Beach, VA 23456-0038
Item V-I. 5. a/b.
ORDINANCES/RESOL UTION
- 26-
ITEM # 46426
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED
Resolutions re Virginia Department of Transportation (I/DOT):
a. Add 15.98 lane miles of new streets eligible for urban
maintenance effective July 1, 2000; and, increase applicable
revenue orS112,591.92 per year.
Increase 9.38 lane miles of local~collector streets in the urban
streets inventory; and, increase applicable revenue of $65,228.52
per year.
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. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
March 28, 2000
A RESOLUTION REQUESTING THE
VIRGINIA DEPARTMENT OF
TRANSPORTATION TO ACCEPT
CORRECTIONS TO THE REVISED ROAD INVENTORY
FOR URBAN MAINTENANCE PAYMENTS
WHEREAS, the Virginia Department of Transportation requires a Council
resolution prior to accepting corrections/deletions to the revised road inventory for urban
maintenance payments;
WHEREAS, City personnel have reviewed the revised road inventory prepared by
the Virginia Department of Transportation and have determined that some inaccuracies exist;
WHEREAS, corrections to the revised road inventory have been made as shown
on Exhibit A (attached); and
WHEREAS, a representative from the Virginia Department of Transportation has
inspected and approved these corrections.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That City Council hereby requests the Virginia Department of Transportation to
accept the corrections listed on Exhibit A which is attached hereto and incorporated by reference,
and to begin paying urban maintenance payments to the City of Virginia Beach based on the
established rate.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
28th day of March ,2000.
Approved as to Content:
Public Works
Approved as to Legal Sufficiency
C~TAttomey
A RESOLUTION REQUESTING THE
VIRGINIA DEPARTMENT OF
TRANSPORTATION TO ACCEPT
ADDITIONAL STREETS FOR URBAN
MAINTENANCE PAYMENTS
WHEREAS, the Virginia Department of Transportation requires a Council
resolution prior to accepting additional streets for urban maintenance payments;
WHEREAS, the streets listed on Exhibit A (attached) have been constructed in
accordance with standards established by the Virginia Department of Transportation;
WHEREAS, the City of Virginia Beach has accepted and agreed to maintain these
streets; and
WHEREAS, a representative from the Virginia Department of Transportation has
inspected and approved these streets.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That City Council hereby requests the Virginia Department of Transportation to
accept the streets listed on Exhibit A which is attached hereto and incorporated by reference, and
to begin paying urban maintenance payments to the City of Virginia Beach based on the
established rate.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
28th day of March ,2000.
Approved as to Content:
Public ~orks
App~~eqcy
City Attomey
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Item V-I. 6.
ORDINANCES/RESOL UTION
-27-
ITEM # 4642 7
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch,
REFUNDS:
LICENSE $17, 850. 48
TAX $ 8,648.30
City Council APPROVED:
Voting:
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara 3/1. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. 3/1. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
March 28, 2000
FORM NO. C.A. 8 REV. 3/88
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE
YEAR PAID BASE INTEREST TOTAL
APAC VIRGINIA INC
ARCHITECTURAL GRAPHICS INC
BLOCKBUSTER INC
BLOSSOM ENTERPRISES INC
CARTER RYAN INC
CERAMIC TILE COMPANY THE
COASTAL SECURITY SERVICE INC
COHEN DARRYL A
COMMONWEALTH LUBES INC
COWAN JASON B
DAGENHART SPRINKLER CO INC
DAUGHERTY LEE COMPANY
DESKS INC
DILLS AINSCOUGH DUFF PC
EAST COAST CARPET CARE INC
ELECTRONIC INVENTORY SYSYTEMS INC
ENGINEERING & TESTING CONSULTANT
GREENWOOD GARDEN SERVICE INC
H W ROUNTREES LUGGAGE CO INC
HI NES GARY
HOFFMAN CIGAR CO INC
J & W TRUCKING BW INC
KIERNAN INC
MCCREASH TONI LEE
MERCHANTS INC
R & B FISH COMPANY INC
SERVITEX INC
SILVERMAN CHARLES
SLIPOW & ROBUSTO PC
TIDEWATER REAL ESTATE ALL INC
TOKYO INN INC
TVE LTD
WADE POWELL INC
YOUR PERSONAL TRAINER LLC
2000 02~29/00 50.00 0.00 50.00
2000 02/29/00 50.00 0.00 50.00
2000 02/23/00 2,127.85 0.00 2,127.85
2000 02/25/00 40.00 0.00 40.00
02/24/00 AUDIT 2,816.06 226.45 3,042.51
2000 02/25/00 109.38 0.00 109.38
02/21/00 AUDIT 980.00 77.26 1,057.26
2000 02/28/00 234.92 0.00 234.92
2000 02/29/00 5,000.00 0.00 5,000.00
02/21/00 AU DIT 429.98 49.42 479.40
02/24/00 AUDIT 73.82 20.29 94.11
2000 03/01/00 50.00 0.00 50.00
2000 03/01/00 114.78 0.00 114.78
02/24/00 AUDIT 947.46 249.49 1,196.95
02/18/00 AUDIT 193.83 22.61 216.44
02/25/00 AUDIT 555.27 134.46 689.73
02/24/00 AUDIT 702.81 152.55 855.36
2000 02/23/00 50.00 0.00 50.00
2000 02/23/00 50.00 0.00 50.00
1998-1999 02/21/00 113.75 0.00 113.75
2000 02/25/00 50.00 0.00 50.00
2000 02/23/00 50.00 0.00 50.00
02/17/00 AUDIT 959.46 79.45 1,038.91
2000 02/24/00 184.47 0.00 184.47
2000 02/25/00 55.37 0.00 55.37
2000 02/24/00 42.91 0.00 42.91
2000 02/25/00 50.00 0.00 50.00
2000 02/24/00 74.06 0.00 74.06
2000 03/01/99 50.00 0.00 50.00
02/18/00 AUDIT 217.67 19.94 237.61
2000 02/28/00 40.00 0.00 40.00
2000 02/25/00 78.59 0.00 78.59
2000 02/24100 50.00 0.00 50.00
2000 02/29/00 226.12 0.00 226.12
"~ity A'fforney's Office
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling
City of Virginia Beach on the
17,850.48 were approved by the
28th day of March
Council of the
,20OO
Ruth Hodges Smith
City Clerk
~AME
AN ORDINANCE AUTHORIZING TRUSTEE TAX 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 trustee tax refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
TRUSTEE TAX DATE
BASE
YEAR PAID
INTEREST TOTAL
Virginia Musical Theatre, Inc.
t996-1999 12/96 8,648.30
01/97,02/97,04/97,07/97,10/97,12/97
01199.04/99
8,648.30
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling
City of Virginia Beach on the
$8,648.30
28
'PhiliP ~ Kellam - ~
Commissioner of the Revenue
· ,-L~eslie L. Lilley
City Attorney
were approved by the Council of the
day of Hatch Jtgx 2000
Ruth Hodges Smith
City Clerk
Item V-J.
- 28 -
PLANNING
ITEM # 46428
PLANNING
1. OCEANA DEVELOPMENT L.P.
STREET CLOSURE
2. LARRY P. HERZ
NON-CONFORMING USE
3. JAMES M. ARNHOLD
NON-CONFORMING USE
4. OCEANA CHURCH OF CHRIST
CONDITIONAL USE PERMIT
5. ROAD TO EMMA US
CONDITIONAL USE PERMIT
6. NE WCOVENANT PRESBYTERIAN CHURCH
CONDITIONAL USE PERMIT
7. TROYA. TITUS
CONDITIONAL CHANGE OF
ZONING
& CITY OF VIRGINIA BEACH
AMEND COMPREHENSIVE
PLAN/SHORE DRIVE
CORRIDOR PLAN
March 28, 2000
- 29 -
Item V-J.
PLANNING
ITEM # 46429
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in ONE
MOTION Items 1, 2, 3 (DEFERRED INDEFINITELY), 4, 5, 6 and 7 of the PLANNING BY CONSENT.
Item 3 was DEFERRED INDEFINITEL Y, B Y CONSENT.
Voting:
11-0 (By Consen0
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
March 28, 2000
- 30-
Item V-J. 1.
PLANNING
ITEM # 46430
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the
Ordinance upon Application of OCEANA DEVELOPMENT LP for the discontinuance, closure and
abandonment ,of an existing 50-foot right-of-way:
Application of Oceana Development LP for the discontinuance, closure and
abandonment of an existing 50-foot right-of-way, 570feet west of Bowland
Parkway as shown on the plat entitled: "Street Closure for Existing 50'
right-of-way at London Bridge Gardens ", and recorded in Map Book 139,
Page 14 (GPIN #1496-89-8793). Saidparcel contains 20, 821.6square feet
BEA CH- DISTRICT 6.
The following conditions shall be required:
The City Attorney's Office will make the final determination
regarding ownership of the underlying fee. The purchase price
to be paid to the City shall be determined according to the
"Policy Regarding Purchase of City's Interest in Streets
Pursuant to Street Closures, "approved by City Council. Copies
of the policy are available in the Planning Department.
The applicant is required to resubdivide the property and vacate
internal lot lines to incorporate the closed area into the
adjoining parcels. The plat must be submitted and approved for
recordation prior to final street closure approval. If it is the
applicant 's intent to have the entire street become apart of this
property, a notarized letter must be provided from the advent
property owner indicating his desire not to purchase any
adjacent interest in the street and he has no objection to the
closure with all of the land accruing to the applicant.
The applicant is required to verify that no private utilities exist
within the right-of-way proposed for closure. Preliminary
comments from the utility companies indicate that there are no
private utilities within the right-of-way proposed for closure. If
private utilities do exist, easements satisfactory to the utility
company, must be provided.
If the above noted conditions are not fulfilled within one year of
this approval, the street closure petition shall be considered null
and void. If the applicant chooses to continue efforts to close the
roadway, a new application must be submitted to the Planning
Department and approved again by City Council.
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. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
March 28, 2000
- 31 -
Item V-d. 2.
PLANNING
ITEM # 46431
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the
Resolution upon application of LARRY P. HERZ for an enlargement in a nonconforming use.
Application of Larry Herz for an enlargement of a non-conforming use on
property on the south side of Delaware Avenue, east of Caribbean Avenue
(712 Delaware Avenue), re enclosure of an existing breeze-way between
the single-family home and garage apartment, containing 7, 000 square feet
BEACH- DISTRICT 6.
The following condition shah be required:
The structure, as enlarged, shah conform to the plans and
specifications exhibited to the City Council on the date of
adoption of this ordinance, which plans and specification are on
file in the Department of Planning.
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. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
March 28, 2000
Item VI-K.3.
- 32 -
PLANNING
ITEM # 46432
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED
INDEFINITEL Y, the Resolution of JAMES M. ARNHOLD for the enlargement of a nonconforming use:
Resolution upon application of James M. Arnhold for the enlargement of
a nonconforming use on Lot 3, Block B, Chesapeakb Bay Shores (2414
Spinaker CourO, re demolition of the existing two-story townhouse and
replacement by constructing a larger three-story townhouse, containing
3,316.2 square feet. L YNNHA VEN- DISTRICT 5
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. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
March 28, 2000
Item V-J. 4.
- 33 -
PLANNING
ITEM# 46433
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the
Ordinance upon application OCEANA CHURCH OF CHRIST for a Conditional Use Permit:
ORDINANCE UPONAPPLICATION OF OCEANA CHURCH OF CHRIST
FOR A CONDITIONAL USE PERMIT R03003030
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Oceana Church of Christ for a Conditional
Use Permit for a church expansion on the north side of Virginia Beach
Boulevard, east of North Oceana Boulevard (GPIN #2 417-16-12 60 ; #2417-
16-13 70, #2417-16-1164,; #2417-16-1060). Said parcel is located at 1460
Virginia Beach Boulevard and contains 1.5176 acres. BEA CH- DISTRICT
6.
The following conditions shall be required:
1. An ordinance and plat closing the alley between the church and
the parking area must be recorded.
The existing and new parking areas must be landscaped in
accordance with current requirements for interior parking lot
and street frontage landscaping.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen~ -eighth of March, Two
Thousand
Voting:
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba 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
March 28, 2000
- 34-
Item V-J. 5
PLANNING
ITEM # 46434
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the
Ordinance upon application of ROAD TO EMMA US for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF ROAD TO EMMAUS FOR A
CONDITIONAL USE PERMITFOR A CHUR CH EXPANSIONR 0 3 O03031
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Road to Emmaus for a Conditional Use
Permit for a church expansion on the west side of Indian Lakes Boulevard,
south of Providence Road. Said parcel is located at 1001 Indian Lakes
Boulevard and contains 2.6433 acres. KEMPSVILLE - DISTRICT 2.
The following conditions shah be required:
Setbacks for new development shall be measured from the
ultimate right-of-way line for Indian Lakes Boulevard
(approximately 5feet from existing right-of-way line).
The site shall be developed as shown on the submitted site plan
entitled, "Conditional Use Permit, Road to Emmaus Church"
dated December 29, 1999, which has been exhibited to the City
Council and is on file with the Planning Department.
Interior parking lot landscaping shall be installed in the existing
and new parking areas to meet current requirements. A row of
wax myrtle shrubs shall be installed at a height of 4-5 feet at
planting, 4 feet on center, along the northwest property line
where sufficient room exists for the plantings. Landscaping
identified on the site plan as "proposed BMP landscape
screening"shall be installed ifa stormwater management facility
is required.
The building addition shall be constructed as shown on the
submitted elevations entitled, "Road To Emmaus Church,
Sanctuary and Classroom Additions, "dated Jan. 00, which have
been exhibited to City Council and are on file with the Planning
Department. Colors for the building addition shall be earth tone.
This Ordinance shall be effective in accordance with Section 107 (JO of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen~ -eighth of March, Two
Thousand
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
March 28, 2000
Item V-J. 6.
- 35 -
PLANNING
ITEM # 46435
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the
Ordinance upon application of NEW COVENANT PRESBYTERIAN CHURCH for Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF NEW COVENANT
PRESBYTERIAN CHUR CH FOR A CONDITIONAL USE PERMIT FOR A
CHURCH EXPANSION R03003032
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of New Covenant Presbyterian Church for a
Conditional Use Permit for a church expansion on the east side of
Kempsville Road, 120feet south of Quarry Lane (GPIN #1465-25-33 75).
Said parcel is located at 1552 Kempsville Road) and contains 4.46 acres
more or less. CENTER VILLE- DISTRICT 1.
The following conditions shall be required:
Site layout and landscaping shall conform with the submitted site
plan entitled "Conditional Use Permit Application Exhibit for
New Covenant Presbyterian Church, " dated December 15, 1999
and revised December 29, 1999, with the following exceptions:
The layout of all new parking areas, to include the "Future
Parking" area depicted behind the new sanctuary building, shall
be revised as necessary to comply with minimum parking lot
landscaping requirements.
b. The "Future I-Story Family Life Building" depicted on the plan
is not included in this approval.
Final site plan submittal shall depict those areas along the
southeastern and southwestern property lines lacking a solid
vegetative screen, and shall provide for the installation of
Category 1 screening to supplement existing vegetation.
Only the northernmost access point depicted on Kempsville Road
shall be allowed. A right turn lane into that access point shall be
provided, consisting of a 120' tapered transition area. Slight
adjustments to the building and parking lot footprint shall be
permitted as necessary to accommodate the right turn lane; any
required street frontage landscaping displaced by construction
of the right turn lane shall be replaced along the revised street
frontage.
Materials shall consist of red brick veneer with white EIFS
accents; architectural design and materials shall conform with
the color elevations entitled "New Covenant Presbyterian
Church, Virginia Beach, Virginia, "prepared by the Yates Group,
dated 1-2-99 and annotated as sheet 3 of 4.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty -eighth of March, Two
Thousand
March 28, 2000
-36-
Item V4. 6.
PLANNING
ITEM # 46435 (Continued)
Voting:
11-0 (By Consen0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, IIL Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
March 28, 2000
Item V-J. 7.
-37-
PLANNING
ITEM# 46436
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the
Ordinance upon application of TROY A. TITUS for a Conditional Change of Zoning:
ORDINANCE UPON APPLICATION OF TROY A. TITUS FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 and R-
7.5 TO CONDITIONAL B-2 Z03001162
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Troy A. Titus for a Change of Zoning
District Classification from B-2 Community Business District on property
located 210feet more or less south of Indian River Road, beginning at a
point 573.68feet east of Kempsville Road (GPIN #1465-37-0414). The
proposed zoning classification change to Conditional B-2 is for
commercial land use. The Comprehensive Plan recommends use of this
parcel for retail, service, office and other compatible uses within
commercial centers in accordance with other plan policies. Said parcel is
located at 521 Indian River Road and contains 1.474 acres.
CENTER VILLE- DISTRICT 1.
The following condition shall be required:
Agreement encompassing proffer shall be recorded with the
Clerk of the Circuit Court and is hereby made a part of the
proceedings.
This Ordinance shall be effective in accordance with Section 107 O0 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty -eighth Of March, Two
Thousand
Voting:
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba 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
March 28, 2000
City of Vi - inia
I~/'ER-OFFICE C ORI~ES POLrl) E61C E
In Reply Refer To Our File No. DF-4699
DATE: March 22, 2000
TO: Leslie L. Lilley DEPT:
FROM: William M. Macali [~ DEPT:
Conditional Zoning Application
Titus Family Revocable Living Trust
City Attorney
City Attorney
The above-referenced revised conditional zoning application is scheduled to be heard
by the City Council on March 28, 2000. I have reviewed the subject proffer agreement, dated
February 2, 2000, and have determined it to be legally sufficient and in proper legal form.
A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
WMM
Enclosure
This agreement drafted by:
Albert R. Hartley, Esquire
5221 Indian River Road
Virginia Beach,. Virginia 23464
PROFFERED COVENANTS, RESTRICTIONS, AND CONDITIONS FROM THE TITUS
FAMILY REVOCABLE LIVING TRUST, dated September 4,1997, owner, TO
THE CITY OF VIRGINIA BEACH, a municipal corporation
THIS AGREEMENT, made this 2nd day of February, 2000, by and
between THE TITUS FAMILY REVOCABLE LIVING TRUST, dated September 4,
1997 (hereinafter called "TITUS"), owner and GRANTOR, party of the
first part, Troy Titus, contract purchaser, and THE CITY OF
VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia, GRANTEE, party of the second part.
WITNESSETH:
WHEREAS, TITUS is the owner of a certain parcel of property
located at 5221 Indian River Road in the City of Virginia Beach, a
portion of which is currently zoned R-7.5 and a portion of which is
currently zoned B-2, which is approximately 40,950 square feet in
size and described in Exhibit WA" which is attached hereto and
incorporated herein by reference, said property hereinafter
referred to as the "Property"; and
WHEREAS, Titus has initiated a conditional amendment to the
Zoning Map of the City of Virginia Beach, Virginia by petition
addressed to the GRANTEE so as to change the Zoning Classification
of the Property from R-7.5 in part to B-2; and
WHEREAS, the GRANTEE's policy is to provide only for the
orderly development of land for various purposes through zoning and
other land development legislation; and
WHEREAS, the GRANTOR acknowledges that the competing and
sometimes incompatible uses conflict and that in order to permit
differing uses on and in the area of the Property and at the same
time to recognize the effects cf change, and the need for various
types of uses, certain reasonable conditions governing the use of
the Property for the protection of the community that are not
generally applicable to land similarly zoned are needed to cope
with the situation to which the GRANTOR'S re-zoning application
gives rise; and
WHEREAS, the GRANTOR has voluntarily proffered, in writing in
advance of and prior to the public hearing before the GRANTEE, as
a part of the proposed amendment to the Zoning Map, in addition to
the regulations provided for the B-2 Zoning District by the
existing overall Zoning Ordinance, the following reasonable
conditions related to the physical development, operation, and use
of the Property to be adopted as a part of said amendment to the
Zoning Map relative and applicable to the Property, which has a
reasonable relation to the re-zoning and the need for which is
generated by the re-zoning.
NOW, THEREFORE, the GRANTOR, for himself, his successors,
personal representatives, and assigns, and for GRANTEE and other
successors in title or interest, voluntarily, and without any
requirement by or exaction from the GRANTEE or its governing body
and without any element of compulsion or quid pro quo for zoning,
re-zoning, site plan, building permit, or subdivision approval,
the
which
operation,
hereby makes
restrictions
development,
following declaration of conditions and
shall restrict and govern the physical
and use of the Property and hereby
covenants and agrees that this declaration shall constitute
covenants running with the Property, which shall be binding upon
the Property and upon all parties and persons claiming under or
through the GRANTOR, their successors, personal representatives,
assigns, GRANTEE, and other successors in interest or title:
1. When the Property is developed the Site plan, Landscape
Plan, and Building Elevation shall be developed substantially as
shown on the exhibit entitled "PROPOSED OFFICE BUILDING AND FUTURE
RETAIL CENTER FOR TROY A. TITUS," prepared by William Verebely, of
Verebely and Associates, dated December 29, 1999 which as been
exhibited to the Virginia Beach City Council and is on file with
the Virginia Beach Department of Planning.
2. The following types of business establishments are some
but not all of the uses that shall be prohibited on this Property:
(a) Eating and drinking establishments with drive-
through windows;
(b) Greenhouses and plant nurseries;
(c) Grocery stores, carry-out food stores and
convenience stores, any of which are not freestanding.
These conditions, however, may be repealed, amended, or varied
by written instrument recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, and executed by the
record owner of the Property at the time of recordation of such
instrument, provided that said instrument is consented to by the
GRANTEE in writing as evidenced by a certified copy of an ordinance
or a resolution adopted by the governing body of the GRANTEE, after
a public hearing before the GRANTEE which was advertised pursuant
to the provisions of Section 15.2-2204 of the Code of Virginia,
1950, as amended. Said ordinance or resolution shall be recorded
along with said instrument as conclusive evidence of such consent,
and if not so recorded, said instrument shall be void.
Further conditions may be required by the GRANTEE during
detailed Site Plan and/or Subdivision review and administration of
applicable City Codes by all cognizant City agencies and
departments to meet all applicable City Code requirements.
GRANTOR covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia Beach,
Virginia, shall be vested with all necessary authority, on behalf
of the governing body of the City of Virginia Beach, Virginia, to
administer and enforce the foregoing conditions and restrictions,
including the authority (a) to order, in writing, than any
noncompliance with such conditions be remedied, and (b) to bring
legal action or suit to insure compliance with such conditions,
including mandatory or prohibitory injunction, abatement, damages,
or other appropriate action, suit, or proceeding.
(2) The failure to meet all conditions and restrictions shall'
constitute cause to deny the issuance of any of the required
building or occupancy permits as may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator,
made pursuant to these provisions, the GRANTOR shall petition the
governing body for the review thereof prior to instituting
proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the
map the existence of conditions attaching to the zoning cf the
Property, and the ordinances and the conditions may be made
available and accessible for public inspection in the office of the
Zoning Administrator and in the Planning Department, and they shall
be recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia, and Indexed in the name of the GRANTOR
and the GRANTEE.
(5) The 'future retail center' depicted on the exhibit
entitled "PROPOSED OFFICE BUILDING AND FUTURE RETAIL CENTER FOR
TROY A. TITUS," prepared by William Verebely, of Verebely and
Associates, dated December 29, 1999, shall be constructed in a
similar architectural style and of the same exterior materials and
colors as the three-story office building depicted on the
referenced plan. Review of the.plans for the 'future retail center'
for compliance with this proffer shall be determined by the
Director of Planning.
WITNESS the following signatures and seals this 2nd day of
February, 2000.
GRANTOR:
The Titus Family Revocable Living
Tru~
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 2"d
day of February, 2000, by Grace E. Titus, Trustee of the Titus
Family Revocable Living Trust, dated September
Notary Public
My Commission Expires
Item V-J. 8.
- 38-
PLANNING
ITEM # 46437
Robert M. Stanton, 4141 First Court Road, Phone: 464-1961, Chairman - Shore Drive Advisory Commission,
acknowledged the Members of the Commission: Scott Ayers; Ron Bray, Dan H. Brockwell; Judith K.
Connors, Daniel F. Creedon, Fred Hazelwood, Kal Kassir, John R. Langlois, Jr., Erle Marie Latimer
(Planning Commission Members: Betsy W. Atkinson, Thomas F. Betz, Jr. and Ron Bipley) and (Ex-Officio
Members: Council Members William W. Harrison, Jr. and Louis R. Jones).
The following registered in OPPOSITION
Attorney R. J. Nutter, 4425 Corporation Lane, Phone: 519-3200, represented Crestar and Cenit Bank
Attorney Eddie Bourdon, Pembroke One, Phone: 499-8971, represented Lynnhaven Colony Shoppes,
Seashore Shoppes, Lynnhaven Beach Wear, and a number of others. Mr. Bourdon submitted petitions
in Opposition, which are hereby made a part of the record.
Upon motion by Councilman Harrison, seconded by Councilman Jones, City Council ADOPTED:
Ordinance to AMEND the Comprehensive Plan to include the SHORE
DRIVE CORRIDOR PLAN, with the cover of the Appendices to be
amended to reflect that Pages 126 thru 138 are provided for discussion
purposes and are non-binding cost estimates and suggestions.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, IIL Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor 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
March 28, 2000
1
2
3
5
6
7
8
9
10
11
12
13
AN ORDINANCE TO AMEND THE
COMPREHENSIVE PLAN BY THE ADDITION
OF THE SHORE DRIVE CORRIDOR PLAN
Section Amended:
Comprehensive Plan
Appendix to
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the Comprehensive Plan of the City of Virginia Beach
be, and hereby is, amended and reordained by the addition of the
Shore Drive Corridor Plan, dated March 23, 2000, to the Appendix to
the Comprehensive Plan. A true copy of the said Shore Drive
Corridor Plan is hereto attached and is hereby incorporated into
the Comprehensive Plan.
14
15
Adopted by the Council of the City of Virginia
Beach, Virginia, on the 28th day of March, 2000.
16
17
18
19
2O
CA-99-7533
wmm~ ordres ~ shoredrivepl an. com
R-2
March 27, 2000
- 39-
Item V-K. 1.
APPOINTMENTS
ITEM # 46438
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENT..
FRANCIS LAND HOUSE BOARD OF GOVERNORS
March 28, 2000
- 40-
Item V-K.2.
APPOINTMENTS
ITEM # 46439
Upon NOMINATION by Vice Mayor Sessoms, City Council:
APPOINTED:
REAPPOINTED:
William ,4. Hearst
SaRita Nery Ranger
Unexpired thru 12/31/2001
James L. Wood
Unexpired thru 3/31/2002
Paul C. Cole
Howard J. Collins
Peregrin C. Francisco
Three Year Terms
4/1/00-3/31/2003
HEALTH SERVICE ADVISORY BOARD
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
March 28, 2000
- 41 -
Item V-K.2.
APPOINTMENTS
ITEM # 46440
Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED:
H. Les Powell, Jr.
3 Year Term
3/1/00-2/28/2003
VIRGINIA BEACH CRIME TASK FORCE
Voting: 1 O- 0
Council Members Voting Aye:
John A. Baum, Margaret L. Eure, William W. Harrison, Jr., Barbara 34.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf
Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don"
Weeks
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III,
March 28, 2000
Item V-L. 1.
- 42 -
UNFINISHED BUSINESS
ITEM # 46441
Council Lady Parker inquired relative the amount the City was under budget. Council Lady Henley was very
impressed the City staff took to heart the comments of the City Council during their,4 ugust Planning Retreat.
These are repeated in the Resource Management Plan for each of the business areas of the City. The
Retreats have become an extremely important part of the City Council's planning for the year and very
obviously is not wasted as it is taken seriously by the staff in developing programs.
Mayor Oberndorf advised Council Members attend the Retreats to be accountable for the established
priorities.
Vice Mayor Sessoms advised Walt Kraemer exemplified the quality of the individuals who are employed by
the City. Vice Mayor Sessoms complimented the City Manager and his staff.
Councilman Branch referenced the $ 7. 9-MILLION in (Economic Development Investment Program) EDIP
funds over the last ten years have now returned $7.3-MILLION per year in tax revenues to this City.
Previous City Councils, the present City Council and City administrators deserve a "pat on the back". Good
things are happening! There is not one City in the region, Virginia Beach would want to trade for their
financial position.
March 28, 2000
Item V-N.
- 43 -
ADJOURNMENT
ITEM # 46442
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:35 P.M.
Hooks, CMC
Chief Deputy City Clerk
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
March 28, 2000