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JULY 11, 2000 MINUTES
CITY COUNCIL MA YOR MEYERA E. OBERNDORF. At-Large VICE MA YOR WILLIAM D. SESSOMS. JR., At-Large LINWOOD O. BRANCH. I11, Beach - District 6 MARGARET L EURE, Center~ille - District I WILLIAM W. HARRISON. JR.. Lynnhaven - District 5 BARBARA M. HENLEY. Princess Anne - District 7 LOUIS R. JONES, Bayside - District 4 REBA S. McCLANAN, Rose Hall - District 3 ROBERT C. MANDIGO, JR., Kempsville - District 2 NANCY K. PARKER, At-Large ROSEMA R Y WILSON. A t-Large JAMES K. SPORE. City Manager LESLIE L. LILLEY, CiO' Attorno' RUTH HODGES SMITH, CMC/AAE, CiO' Clerk "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA July 11, 2000 I. CITY MANAGER'S BRIEFINGS - Conference Room - 10:30 AM Ao VIRGINIA BEACH OUTDOORS PLAN 2000 James B. "Barry" Frankenfield, Planner Three SPOT BLIGHT Andrew M. Preservation Friedman, Director Department of Housing and Neighborhood TROLLEY SYSTEM and BOARDWALK Hampton Roads Transit Il. REVIEW OF AGENDA ITEMS 111. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - 1:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber- 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Fritz Stegeman Open Door Chapel C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D E. ELECTRONIC ROLL CALL OF CITY COUNCIL CERTIFICATION OF CLOSED SESSION MINUTES 1. INFORMAL & FORMAL SESSIONS July 5, 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 I. VIRGINIA MARINE SCIENCE MUSEUM, Phase III C. Mac Rawls, Executive Director of Museums and Cultural Arts PUBLIC HEARING 1. Acquisition of property adjoining Little Neck Road for OPEN SPACE FY 2001 Capital Budget Appropriation Ordinance Amendment 2. Real Estate Assessments On-Line Jerald D. Banagan, City Assessor j. ORDINANCES/RESOLUTIONS Ordinances to AMEND the City Code: §§ 2-129, 2-130, 2-132 thru 2-137 and ADDING § 2-140 re the City's Grievance Procedure bo Repealing § 23-30, and Adding a new Chapter 18.5 re massage therapy c. §§ 35-136 thru 35-140 and 35-143.1 re meal taxes to reflect state law Ordinance to AMEND the Comprehensive Plan by the incorporation of the Princess Anne Corridor study. (Deferred June 27, 2000) Ordinance to establish transition rules for the development of retail establishments and shopping centers. (Deferred June 27, 2000) Ordinance to ACCEPT and APPROPRIATE $69,149 from the Virginia Department of Criminal Justice Services to the FY 2001 Operating Budget of the office of the Commonwealth's Attorney re enhanced services to crime victims and witnesses. Ordinance to APPROPRIATE $76,719 additional revenue from the Virginia Office of Comprehensive Service to the Department of Community Services, and $46,330 in estimated revenue from charges for client services to the FY 2001 Mental Health operating budget re emotionally troubled youth. 10. ll. Ordinance to APPROPRIATE $2,200,000 from the General Fund to Capital Project #4-004, Open Space site acquisition, to purchase a parcel of land adjoining Little Neck area. Ordinance to ACCEPT and APPROPRIATE a $100,000 grant from the U. S. Department of Justice to the FY 2000 - 01 Operating Budget of the Fire Department re acquisition of equipment to protect against terrorism. Resolution requesting the United States Navy consider OCEANA NAVAL AIR STATION, an East Coast location, as the preferred alterative for placement of all F/A - 18 E and F Super Hornet aircraft; and, construct the outlying field to Fentress Naval Auxiliary Landing Field. Resolution to ENDORSE Hampton Roads Transit's proposal re purchase and implementation of a Tram System on the Virginia Beach Boardwalk. Resolution to AUTHORIZE the execution and delivery of a Lease Modification Agreement between the of Virginia Beach Development Authority, First Union National Bank, City of Virginia Beach and AMBAC Assurance Corporation re the Social Services Building. LICENSE REFUNDS: $9,325.65 L. PLANNING Ordinances for the STREET CLOSURES - discontinuance, closure and abandonment of certain street or alleyways: (BEACH DISTRICT - 6) FRANKLIN M. & JOELLEN FITZGERALD for the western 7.5 feet of a 15- foot alley located between Lots 8 & 20, Block 22, Croatan Beach, containing 375 square feet. Recommendation: APPROVAL BOYD CORPORATION for a portion of a 15-foot alley located 100 feet east of South Atlantic Avenue lying between Lots 11 and 12 and Lots 23 and 24, Block 20, Croatan Beach, containing 1500 square feet. S taft Recommend ation: Planning Commission Recommendation: DENIAL APPROVAL Application of DONAVON E. BONNEY for a Conditional Use Permit for automotive detailing at the northeast corner of Princess Anne Road and Indian River Road (1800 Princess Anne Road), containing 22,433 square feet (PRINCESS ANNE - DISTRICT 7). Deferred: July 5, 2000 Recommendation: APPROVAL Application of CHARLES F. BOWDEN for a Change of Zoning District Classification from R-30 Residential District to Conditional R-20 Residential District on the west side of Wakefield Drive, south of Delray Drive, subdivision to Thoroughgood, Section 8, Part 4, containing 10.588 acres. (BAYSIDE DISTRICT - 4) Recommendation: APPROVAL PUBLIC NOTICE: EFFECTIVE IMMEDIATEL YAFTER JUL Y 12, 2000::: [due to the renovation of the City Council Chamber] INFORMAL MEETINGS OF THE CITY COUNCIL and PLANNING COMMISSION will continue in the City Hall Conference Room, Building No. 1 FORMAL MEETINGS OF THE CITY COUNCIL and PLANNING COMMISSION will be held in the SCHOOL BOARD MEETING ROOM, Building No. 6 (August thru October 2000) If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 07/06/00slb AGENDA\07-11-00 w~v.virginia-beach.va.us MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia Ju~ 11, 2000 Mayor Oberndorf called to order the CI TYMANA GER '$ BRIEFING re VIRGINIA BEA CH 0 UTDOORS PLAN2000 in the Council Conference Room, City Hall Building, on Tuesday, July 11, 2000, at I O:30A.M. Council Members Present: Linwood O. Branch, IIL Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vt'ce Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Absent: William W. Harrison, Jr. [ENTERED: lO:55 A.M.] 2 CITY MANAGER'S BRIEFING VIRGINIA BEACH OUTDOORS PLAN 2000 10:30 A.M. ITEM # 46879 dames B. "Barry" Frankenfield, Parks and Recreation, advised there were eight (8) public meetings of the Virginia Beach Outdoors Plan 2000. The preliminary DRAFT has been distributed to Members of City Council and the public. There is a public comment period through duly Thirty-first. Mr. Frankenfield extended appreciation to: Sara Hensley - Director of Parks and Recreation; Clay Bernick - Planning Department, Brian Phelps - Mapping (Parks and Recreation), dodi Mize - Analyst, Brian Solis - Lead Planner. On duly 12, 2000, the Plan will be presented to the Planning Commission and then to appropriate City Boards, Commissions and Civic Associations. Mr. Frankenfield cited the Goal: To develop an attractive, environmentally sensitive open space system to include trails, greenways and scenic waterways, beaches, parks, natural and agricultural areas, and scenic road corridors. City-wide Public Participation Consensus Recreational Amenities Citizens Want Expanded Natural Areas and Greenways Active Recreation Parks Equestrian, Pedestrian and Bicycle Trails Public Parking to access the City's Beaches How Should the Program Be Financed? Designate a Parks and Open Space fund to acquire and maintain undeveloped land as natural open space and to improve (where appropriate) for recreational amenities (with citizen oversighO. Mr. FrankenfieM advised approximately 25,300 acres of undeveloped land remain within the entire City. Some of these cannot be developed due to environmental constraints, air rights and other encumbrances. This includes City-owned and some state and federal government property. There are around 19, 000 acres of undeveloped land north of the Green Line (this does not include First Landing Park), approximately 10% of the total acreage of the City. Of this, approximately 10,000 acres is clearly developable under the current zoning. Acreage per District is available and will be provided to City Council. Northern Section (Bayfront/Bayside/Great Neck/Little Neck/OceanfronO Priority Recommendations Land: Preservation and/or acquisition of 581 acres. Parks and Facility Improvements: Development of 25 Quality Soccer and/or baseball fields Trails: Development of 60 miles of trails Scenic Waterway Access: Development of 8 water access sites (parking and launch of non-motorizedwatercrafi) ; including a facility for crew club activities. duly 11, 2000 _$_ CITY MANAGER'S BRIEFING VIRGINIA BEACH OUTDOORS PLAN 2000 ITEM # 46879 (Continued) Central Section (Kemspvill~/Holland/Courthouse) Priority Recommendations Land: Preservation and/or acquisit~'on of l, 871 acres. Parks and Facility Improvements; Development of 25 Quality Soccer and/or baseball ftelds (Princess Anne Park expansion) Trails: Development of 60 miles of trails Scenic Waterway Access: Development of 8 water access sites (par/a'ng and launch of non-motorized water craft. Preservation of 35 miles of Greenways; Include the Stumpy Lake/Back Bay, the West Neck Creek, Salem Canal and Elizabeth River Greenways. Southern Section (Pungo/Blackwater) Priority Recommendations Trials: Development of 21 mile of trails -primarily for equestrians and bicyclists. Scenic waterway access: Development of 5 water access sites (paring and launch of non motorized water craft). Coordinate with federal and state government park and wildlife agencies where feasible. Preservation of 2 miles of Greenways: Southern branch of the West Neck Creek Greenway. Based on the methods of cost estimating, criteria and public involvement, discussed under each of the 3 sectwns of the City, the total estimated costs to implement the Virginia Beach Outdoors Plan~Open Space Program is listed below: V~rginia Beach Outdoors Plan 2000 Estimated Cost Land (2, 756 acres) $ 76, 000, 000 Improvements $ 17, 000, 000 24 soccer ftelds and 48 ballftelds Trails (140 miles) $ 35,000,000 Greenways (37 miles) $ 13,500, 000 Water access (21 sites) $ 2, 500, 000 TOTAL $144,000,000 Implementation Methods Coordinating acquisitions and improvements, other city and state road projects, stormwater management projects, joint partnerships Revise and/or develop new land use tools (Conservation Ordinance, Tree Preservation Ordinance) tuly11, ooo -4- CITY MANA GER'S BRIEFING VIRGINL4 BEACH OUTDOOR~ PLAN 2000 ITEM # 46879 (Continued) Allow property owners to sell their development rights and to place their property under preservation easements. State, Federal, and other grants Reprioritize existing Capital Improvement Program funding Endowments and 501c3 tax status; dedicating land for tax benefits Designated Open Space/Parks and Recreation Fund Systems approach - Coordinating the Open Space Program with other City agencies: Coordinating with road, stormwater, school and utility CIP and VDOT projects. In-line with the City's Neighborhood lnvestment Strategy initiative. Comprehensively incorporating open space into new development applications before Planning Commission and City Council action. Prioritizing residual City-zoned land - which shouM be disposed of and which shouM be retained as open space based on evaluation criteria. Concern was expressed by Council Lady McClanan relative tree preservation. Accurate figures of the total number of trees removed shouM be recorded and a higher percentage of trees shouM be replaced. Mr. FrankenfieM advised the final repot will integrate the cost of operation and maintenance. Mayor Oberndorf referenced conflict with citizens who wish to incorporate the open land into their personal lots and wished that this matter be reviewed. uly il, 2000 Date: To: From: Subject: CITY OF VIRGINIA BEACH Department of Parks and Recreation Municipal Center - Building #21 - Virginia Beach, VA 23456 Phone: (804) 563-1100/FAX 563-1i30 July 14, 2000 Honorable Meyera E. Oberndorf, Mayor OFF)CE OF THE CiTY MANAGER CI'FY OF VIRGINIA BEACH J. Barry Frankenfield, Open Space Program ~v:anag~r[,4 --- ~/? July 11, 2000 City Council Workshop - Virginia Beach Outdoors Plan 2000 Update/Open Space Program This memorandum attempts to address a few questions that you directed towards staff, during our July 11, 2000 City Council workshop briefing on the Virginia Beach Outdoors Plan 2000 Update and Open Space Program. Your three questions and staff's responses are addressed below: You requested a list of all undeveloped land in the City by voting district. The attached sheet, entitled "City of Virginia Beach - Undeveloped land by Voting District (Above the Green Line), provides a list of private and City-owned land by voting district. · You asked whether or not the preliminary draft Virginia Beach Outdoors Plan 2000 Update addressed operating costs for the proposed new facilities (land and improvements). The preliminary draft plan, distributed June 6, 2000, did not include operating costs in its recommendations. The final draft plan, to be presented to Council in September 2000, will provide an estimated cost for annual maintenance of the land and facilities recommended in the plan. You asked how much undeveloped land is within Kempsville. The attached sheet and map depict the private and City-owned land within the Kempsville voting district boundary. There are approximately 402 acres of undeveloped land within the Kempsville voting district, which is highlighted in red on the attached map. Please feel free to give me a call, should you have any questions in this regard at 563-1109. Attachments: Kempsville Area Map - Kempsville Voting District highlighted Summary of Undeveloped Land by Voting District ~James K. Spore, City Manager C. Oral Lambert, Jr., Chief Operating Officer Sara L. Hensley, Director, Parks and Recreation Kempsville Area //~./Kempsvillevd.shp ? Planning Area Boundaries I~ Water Access .~ Quasi-public Public Schools --~ Colleges llbraries Public beach ~ Major Roads ~ Secondary Roads '' Water Lana City of Virginia Beach Undeveloped land by Voting District (Above the Green Line) Bayside: 765.15 Acres Beach: 3,092.83 Acres Centerville: 1,235.76 Acres Kempsville: 401.70 Acres Lynnhaven: 226.05 Acres Princess Anne: 13,265.84 Acres ~bo~ ~ ~. ~.¢~ Rose Hall: 328.42 Acres Total: 19,315.75 Acres of undeveloped land. -5- CITY MANAGER'S BRIEFING SPOT BLIGHT l l :08 A. M. ITEM # 46880 Mayor Oberndorf expressed concern relative the homeless families (men, women, children) inhabiting the wooded areas near the proposed Town Center. These people will be displaced Andy Friedman, Director, Department of Housing and Neighborhood Preservation, advised the City will work with these individuals to provide shelter. Mr. Friedman advised Spot Blight Abatement is a "tool" and it is hoped this will enhance the City's ab ility to preserve and enhance neighborhood quality in Virginia Beach. Through the utilization of power point, Mr. Friedman displayed information relative Spot Blight. The first slide exemplifiedvacant property, legally in compliance with the laws, next door to well maintained properties and creating an extremely negative perception o fan area. SPOT BLIGHT ABA TEMENT BA CKGR 0 UND State authority provided in 1995 Staff review in 1998 Proposed for consideration of City Council in December 1988 as part of l 1 point Neighborhood Investment Strategy. Presented to Planning Commission in July 1999 By adopting the proposed Ordinance, City Council wouM authorize the City Manager to bring forward properties for consideration under this Ordinance. All localities may, by ordinance, declare a property to be blighted, and may cure the blight through repair or demolition or may acquire the property using the power of eminent domain. The locality is authorized to hold, clear, repair, manage or dispose of such property. In addition, the locality has the power to recover the costs of any repair, demolition or disposal of such property from the owner. The locality may, in lieu of the above, declare a property to be a public nuisance, and abate the nuisance without acquiring it. There are two options to utilize the Authority: Option 1 Abate the Problem Staff Recommendation City Manager/City Attorney Approval Council Ordinance Staff acts to Abate the Nuisance Option 2 Acquire the Property and then Abate the Problem Staff Recommendation and Abatement Plan City Manager/City Attorney Approval Planning Commission review/recommendation Council Decision on Ordinance If Council approves acquisition, staff initiates condemnation proceeding Once property is acquired, staff carries out abatement plan July l l, 2000 -6- CITY MANAGER'S BRIEFING SPOT BLIGHT ITEM # 46880 (Continued) Financial Considerations Costs, couM be incurred for the abatement activity itself(repair, demolition) Costs couM be incurred for the purchase if acquisition is carried out. Costs couM be incurred for holding and re-use/disposal All costs are chargeable to owner. If property is acquired, costs can be recovered from eventual sale. If not acquired, incurred costs become receivable until paid. Costs for some properties (housing to be reused for affordable housing) couM be federally eligible. Other costs wouM need other sources. Staff would recommend a source o f funding as part of an Abatement Plan. Mr. Friedman advised staff would consider only properties that meet one of the following criteria for the Spot Blight Abatement process: Vacant an/or boarded for at least three months Subject of documented complaints and code enforcement actions No longer being maintained for useful occupancy Dilapidated or lacks normal maintenance and upkeep Subject of nuisance abatement actions undertaken by the City Only a few properties (6~year or less) are expected to actually go through the entire process resulting in nuisance abatement and/or acquisition. Staff may initiate the process on more properties, but those are expected to become compliant before Council action is required The staff wishes to compel compliance, not acquire property or fix it. When the property owners receive the initial notice under this law, it is hoped that the property owners will then take action to resolve the problem. Reports from the City of Norfolk and Fairfax County indicate that this is frequently the case. Mr. Friedman displayed a specific example: aerial photograph of the Princess Anne Plaza Town Homes on the right and the adjacent Plaza Apartments. The Plaza Apartments are a professionally managed group of apartments whose owners have invested really significant funds in upgrading their property. Several million dollars of private funding investments have been utilized to make these apartments a better place to live. Plaza Apartments are extremely aware they are unable to make the other owners in the surrounding town homes comply even though they have tried. There are many Plaza town home owners who have maintained their property; however, unJbrtunately some owners are not maintaining their property. This is despite city action to bring their neighborhood in compliance. CommunitypoBcing has intensified to eliminate crime in this area. Code enforcement has been also intensely utilized. The City property has been cleaned up. Housing and Neighborhood Preservation has assisted in the organization of the Civic League. The Community Development Corporation (VBCDC) has purchased ten (1 O) houses, which have been managed professionally and kept up to standards. Grants are available to owners to repair the interior and exterior of the dwellings. Mr. Friedman displayed three vacant townhouses which are victims of spot blight. Mr. Friedman made the following acknowledgments: Policy Report content by Alex Davis - Code Enforcement Administrator Legal Review by Assistant City Attorney Kay Wilson Photos by Drucker & Falk and Virginia Beach Police Department Presentation by Katherine Williams - Department of Housing Special thanks to Carol Williams, Wendy Drucker, Stewart Bazemore and Lt. Douglas Backman. Councilman Mandigo advised this will be very controversial among the citizens and wished all to be well informed. Mr. Friedman advised the Mayor, the VIRGINIAN-PILOT will compose an article relative Spot Blight Abatement and contact will be made with all the civic leagues. An Ordinance relative Spot Blight Abatement will be scheduled for a future City Council Session. July l l, 2000 -7- CITY MANAGER'S BRIEFING TROLLEY SYSTEM ll:$2A.M. ITEM # 46881 Michael Townes, Executive Director - Hampton Roads Transit, introduced Michael Perry - HRT Chief Operations Officer.. Mr. Townes concurred with the Vice Mayor that the resources shouM not be expended unless the trolley system functions correctly. HRT is committed to improving the system.. Michael Perry b eheved HRT under emphasized the importance of providing quality service and meeting the challenges of a Holiday Weekend. This is a challenge. Mr. Perry cited the recommendations: Establish stronger liaison with the City's Planning staff Coordinate with Human Resources to track and hire qualified appBcants, both season and full time. These issues will be addressed with the contract negotiations with the unions. Find new and innovative methods to attract qualified employees. Mr. Townes referenced statistics provided by Mr. Perry and his staff The number of trolleys to be operating during the July Fourth Holiday were on the street and had "bunched up" on the other end of the line, which he has been advised is not an uncommon occurrence. HRT's supervisors and operators are responsible for keeping a reasonable distance between vehicles; however, some of the "bunching" is due to traffic congestion. The HRTstaffhas established an additional liaison with the City's Police Department, Captain Eisenberg. The Captain and his staff will assist in any way feasible to keep the traffic lanes open. HRT is struggling with its current low pay rates to the trolley operators. Vice Mayor Sessoms reiterated the Beach trolley system is a major asset. These trolleys are extensively utilized. [qce Mayor Sessoms believes the trolley system service should be expanded. The trolleys pay for themselves. Mr. Townes advised there are 47 buses on order. There are 4 units on the north side which are 30-foot, low floor buses. There are 30-foot high floor buses on order to replace the trolleys utilized on regular routes in l~rginia Beach and Norfolk. HRT does not believe the trolleys shouM be on regular route service. They do not provide enough comfort for regular route service. High floor buses are needed on the south side because of flooded streets when storms occur. The low floor buses from the north side will be brought over to replace the trolleys on the regular routes. These will provide more trolleys for the beachfront operation. Mayor Oberndorf expressed concern relative the clustering and the trolleys not arriving on time for pickup. Things were not running smoothly. Mr. Perry is going to be very aggressive in correcting the problem of clustering and the drivers conferring with one another. Mr. Pierson has been with the operation for the last twenty years since it was first a private operation run by the city. He is now Mr. Perry's subordinate. Mayor Oberndorf referenced the Gallup Buses which ran expeditiously from the Pavilion Parking Lot to the oceanfront and were on time. The total amount under expended for the City's services will be provided, as well as the number of hours. Councilman Harrison fully supported [qce Mayor Sessoms' comments concerning the need for a transportation system which the visitors and citizens couM rely upon. Councilman Harrison advised guests staying at his house on the north end have been disappointed they cannot get a trolley and must walk to 42"a Street to catch one. Councilman Harrison suggested the possibility of expanding the sbrvice to 57th Street and turning around in the median on the feeder road and coming back. He looks forward to working with Mr. Townes, Vice Mayor Sessoms and Council Lady Wilson to improve this service. Mr. Townes advised HRT established a fund of $900,000 to assist the City in placing signage for the permanent trolley lanes and these funds have not been utilized Electronic signs, road markings or physical barriers couM be established at the determination of the City. Mr. Townes advised Council Lady Wilson the bargaining unit work rates effect all of the work rates. At the present time, the trolley drivers are hired at SZ 50 an hour. McDonalds hires at this opening rate. Benefits are not offered to the part time, hourly and seasonal employees. Therefore, HRT has difficulty attracting the type of worker desired. July 11, 2000 -8- CITY MANAGER'S BRIEFING TROLLEY SYSTEM ITEM # 46881 (Continued) Council Lady McClanan requested clarification relative the HRT billboards. Mr. Townes advised HRT has soM advertising on placards and as "wrapped" buses since the organization has existed The revenues do lower the City's costs. This year a net income of over SI-MILLION is anticipated from that advertising program. If this income were to be reduced, Virginia Beach wouM have to bear approximately several hundred thousand dollars and it wouM be difficult for him as a Transportation Manger to arrange a transit system where buses with advertising operated in six (6) cities and not in the seventh. If it were decided that Virginia Beach abhorred the advertising so much then the other partners wouM have to come to some conclusion that it is not what HRT shouM be doing and this advertising wouM be ceased. As a business person, he wishes to maximize every resource possible. Council Lady Eure advised she had previously expressed this concern relative the "rolling billboards". These buses have increased recently. Council Lady Eure advised Mr. Townes had indicated if Virginia Beach did not like these signs, they wouM not run in Virginia Beach except when necessitated due to lack of buses. Mr. Townes advise he mis-spoke and apologized. ~'ce Mayor Sessoms advised as a result of City Council's and Pat Bridges' (14rginia Beach Beautification Commission) concerns, he contacted the City Attorney, who advised these bus signs are not billboards. Mr. Townes will provide an amount of funds received for this advertising and compare them to not having to supplement for other transportation needs of the disabled, elderly, new routes et cetera. The present concept will be evaluated Mayor Oberndorf suggested this concern be discussed during the City Council Retreat. duly 11, 2000 -9- ITEM # 46882 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, July 11, 2000, at 12.'00 NOON. Council Members Present: Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., Barbara M Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyers E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, ,Ir. Council Members Absent: Rosemary Wilson July l l, 2000 -10- ITEM # 46883 Mayor Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A}, Code of Virginia, as amended, for the following purpose: PUBLICLY-HELD PROPERTY: Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly-held real property, where discussion in an open meeting wouM adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.1-344(A)(3). To- Wit City of Norfolk Property in Virginia Beach, including Stumpy Lake LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requiring the provision qf legal advice by counsel pursuant to Section 2.1-344(A)(7). City of Norfolk property in Virginia Beach, including Stumpy Lake Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council voted to proceed into CLOSED SESSION. Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, William VeL. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyers E. Oberndorf Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Rosemary I4~ilson (Time of Closed Session: 12:01 to 1:05 P.M.) July l l, 2000 CERTIFICATION OF CLOSED SESSION -11- ITEM # 46884 Upon motion by Councilman Harrison seconded by Councilman Branch, City Council CERTIFIED THE CLOSED SESSION TO BE INA CCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by l~rginia lc~v were discussed in Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, dr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vt'ce Mayor William D. Sessoms, dr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None July i 2ooo CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 46883, Page 10, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. arch Hodges ~'mith, MMC City Clerk July 11, 2000 -12- CITY COUNCIL COMMENTS 1:05 P.M. ITEM # 46885 Mayor Oberndorf referenced request of the Chairman of the School Board relative demolition of the Woodstock Elementary School and expediting a 2006 completion at Princess Anne. Dr. denney requested a meeting with Council Members post haste. Council Lady McClanan was under the impression the City was not building any more new schools. The Modernization Committee had expended a great deal of funds on a study. Council Lady Wilson advised these construction companies did not like the idea of modernizing these schools as the construction had to be performed around the students. Additional problems were found than originally believed, i.e. additional asbestos. The bids are so high for modernizations that it proved to be more financially feasible to tear the school down and rebuild. Modernization only results in a 25-year life span while a new school has a 40-year life span. Bayside Elementary proved too costly to modernize. The cost to rebuild proved comparable. It has been determined that Woodstock Elementary is going to cost much more than budgeted. The Modernization Committee has stated they wouM be reconvening every two years to review the situation. Council Members Branch and Eure, Council Members Liaison to Schools, will review and provide information. uly l l, 2000 CITY -13- MANAGER'S BRIEFING BOARD WALK TRAM 1:12 P.M. ITEM tt 46886 Dale Castellow, Transportation Planning Coordinator, advised information was previously presented to City Council relative the concept ora tram on the newly expanded boardwalk. A t this time, the staff was directed to meet with the various Resort interest groups and identify their position, funding issues and the design of the tram. At this point, the Hampton Roads Transit is requesting endorsement by this City Council which will essentially give them the authority to move forward. The Hampton Roads Transit shall prepare a service proposal for City Council's review. An operation schedule will also be provided Initially, the Federal Transit Administration advised this was not a transit vehicle, but was essentially an amenity. However, they have concluded it is a transit vehicle and agreed to fund same. HRThas set approximately $750,000 in their Capital Grant. The City wouM be required to provide a 20% match, which amounts to approximately $15o, ooo. Until 1993, Tidewater Regional Transit (now Hampton Roads Transit) operated a trolley along the Virginia Beach Boardwalk. The trolley, which charged a $. 50fare, was routinely the most utilized and most efficient trolley route at the Oceanfront. Throughout its operation, the trolley required minimal city subsidy because of its high ridership. The trolley served as both a transportation facility and a tourist amenity. The Boardwalk Trolley was canceled after several citizens complained about the size of the trolley and its proximity to pedestrians and cyclist. Although the trolley was not involved in any major accidents, most people agreed the trolley was too large for the space available on the boardwalk. Several complaints were also noted about the fumes emitted from the trolley. The present concept is HRT will operate the tram and it will not replace of the Atlantic Avenue Trolley. Rob Hudome, Convention and Visitor Development, advised this proposal was reviewed and endorsed by the Resort Advisory Commission, the Virginia Beach Hotel-MoteI Association, Virginia Beach Restaurant Association and the Resort Retailers Association. This will be an open air pedestrian scale vehicle, preferably gas. Four units are being proposed A charging station is envisioned on the boardwalk. It is hoped this system will be in place for the 2001 season. Mr. Hudome displayed a photograph ora similar system. The hours will be 12:00 Noon until 12:00 Midnight weekdays and 12:00 Noon until 2:00 A.M. on weekends. City Council recommends advertising not be placed on the boardwalk trams. Mr. Hudome advised this unit is just an example. The vendors are willing to buiM the tram according to specifications. Council Members Parker and McClanan advised this Trams resembles more the vehicles that are utilized in major recreational facilities i.e. Disney World. Council Lady McClanan beheved rather than just four units, more shouM be considered. Council Lady McClanan inquired also relative the staffing and funding of the vehicle. An estimate shouM be prepared based on attendance and usage in other resorts. Mr. Hudome advised previously there were 2 boardwalk trains with a capacity of 60. All the proposed units will be ADA accessible and have wheelchair lift. There will be the ability to add another trailing unit rather than procuring a whole new motor unit. Right now, an example of the motor unit and the trailing unit are about 48feet long and 8feet wide. Council Lady Wilson suggested a market analysis of the fares of other resort communities. Mr. Hudome advised the staff is reviewing a continued expansion of trolley service and the season. A custom graphicspackage will be createdandpresented to City Council during a Workshop Session. Mr. Castellow advised, relative operating costs, if the trolley is any indicator, there will be no operating costs to the City. This trolley will qualify for State and Federal aid. In years past, this has resulted in no cost to the City. July11, 2ooo -14- AGENDA RE VIE W SESSION 1:28 P.M. ITEM # 46887 Vice Mayor Sessoms referenced an addition to the Agenda: Resolution reaffirming importance of Stumpy Lake / declaring surrounding land not be developed, except fully consistent with the Virginia Beach Comprehensive Plan~for health and safety of this community. l~ce Mayor Sessoms will request this be added and adopted at the beginning of the City Council Formal Agenda. ITEM# 46888 The City Manager referenced the following addition to the Agenda. Ordinance re franchise to VIRGINIA GEORGE CO. for an Open Air Cafd '. The City Manager advised this is the Dough Boy's Restaurant. When the franchise expired, City staff recommended it not be renewed due to its conclusion that the narrowing of the sidewalk caused by construction of the caf~ presented apublic safety concern. City staff subsequently met with the owner of the cafe' who agreed to a significant reduction in the footprint of the cafe ', as well as other conditions, which shouM have the effect of substantially alleviating this concern. City staff has recommended the franchise be renewed for a term beginning as of the date the footprint of the cafe' is reduced, and ending April 30, 2001. ITEM # 46889 Assistant City Attorney Randy Blow referenced an ADD-ON to the agenda: Ordinance to AMEND City Code ~ 6-120. 2 re regulation of personal watercraft rentals. Mr. Blow advised the current Ordinance relative regulation of personal watercraft rentals requires the business which conducts the rentals must obtain from the renter of the watercraft, a form of government issued identification i.e. driver's license, military identification. Due to a serious personal watercraft accident by an individual who did not rent or sign the agreement, this Ordinance has been amended to add: "Any business which offers personal watercraft for rent shall require any person to whom a personal watercraft is rented, and any other person who will operate the personal watercraft, to fill out and sign a rental agreement or application. Such agreement or application, which must include the full legal name, address, date of birth and social security number of the renter and any other operator (s), shall be kept on file for a minimum of ninety (90) days." July11, 2ooo -15- AGENDA RE VIE W SESSION ITEM # 46890 Ordinance to AMEND the Comprehensive Plan by the incorporation of the Princess Anne Corridor study. (Deferred June 27, 2000) Council Lady Henley requested the proposed Amendment: Lines 176 - 179: The type and design of the stormwater drainage system for this parkway should not be determined at this time, but should be decided following appropriate stormwater analysis performed during the design phase of the facility. Council Lady McClanan will vote a VERBAL NAY on this item. ITEM # 46891 d. 8. Resolution requesting the United States Navy consider OCEANA NAVAL AIR STATION, an East Coast location, as the preferred alterative for placement o fall F/A - 18 E and F Super Hornet aircrafi; and, construct the outlying fieM to Fentress Naval Auxiliary Landing Field. This item will be discussed during the Formal Session. ITEM # 46892 dlO Resolution to AUTHORIZE the execution and delivery of a Lease Modification Agreement between the of Virginia Beach Development A uthority, First Union National Bank, City of Iqrginia Beach and AMBAC Assurance Corporation re the Social Services Building Councilman Harrison will ABSTAIN, as his law firm does business with the tenant at this facility. ITEM # 46893 Ordinance to ACCEPT and APPROPRIATE $69,149 from the l~rginia Department of Criminal Justice Services to the FY 2001 Operating Budget of the office of the Commonwealth 's Attorney re enhanced services to crime victims and witnesses. Councilman Mandigo advised it appears the Ordinance is based on an E-Mail notification. There also appears to be a reduction in the grant funding. The Commonwealth's Attorney's office will be contacted to provide information. July H, 2000 -16- AGENDA REVIEW SESSION ITEM # 46894 BY CONSENSUS, the following items shall compose the CONSENTAGENDA.. ORDINANCES/RESOL UTIONS d. 1. Ordinances to AMEND the City Code: a. 3%~ 2-129, 2-130, 2-132 thru 2-137 andADDING 3~ 2-140 re the City's Grievance Procedure b. Repealing 3g 23-30, andAdding a new Chapter 18. 5 re massage therapy c. 3g~ 35-136 thru 35-140and35-143.1 re meal taxes to reflect state law Ordinance to AMEND the Comprehensive Plan by the incorporation of the Princess Anne Corridor study. (Deferred June 27, 2000) Ordinance to establish transition rules for the development of retail establishments and shopping centers. (Deferred June 27, 2000) Ordinance to APPROPRIATE $ 76, 719 additional revenue from the Virginia Office of Comprehensive Service to the Department of Community Services, and $46,330 in estimated revenue from charges for client services to the FY 2001 Mental Health operating budget re emotionally troubled youth. Ordinance to APPROPRIATE $2,200,000 from the General Fund to Capital Project #4-004, Open Space site acquisition, to purchase a parcel of land adjoining Little Neck area. J7 Ordinance to ACCEPT and APPROPRIA TE a $100, 000 grant from the U. S. Department of Justice to the FY 2000 - O1 Operating Budget of the Fire Department re acquisition of equipment to protect against terrorism. Resolution to ENDORSE Hampton Roads Transit 's proposal re purchase and implementation of a Tram System on the Virginia Beach Boardwalk. 10 Resolution to AUTHORIZE the execution and delivery of a Lease Modification Agreement between the of I~rginia Beach Development Authority, First Union National Bank, City of Virginia Beach and AMBAC Assurance Corporation re the Social Services Building. 11. LICENSE REFUNDS: $9,325.65 Item J. 2 will be ADOPTED, ASAMENDED, B Y CONSENT Council Lady McClanan will vote a VERBAL NAY. Item J. 3. will be DEFERRED, BY CONSENT, until August 22, 2000. Councilman Harrison will ABSTAIN on Item J. 10. July11, 2000 -17- AGENDA RE VIE W SESSION ITEM # 46895 L.i.a. Ordinance upon application of BO YD CORPORATION for a STREET CLOSURE for the discontinuance, closure and abandonment of a portion of a 15-foot alley located l OO feet east of South Atlantic Avenue lying between Lots 11 and 12 and Lots 23 and 24, Block 20, Croatan Beach, containing 1500 square feet, containing 375 square feet. (BEACH DISTRICT- 6) Councilman Branch advised correspondence is being forwarded to Robert J. Scott, Director of Planning, which may satisfy the staff's concerns. ITEM # 46896 Z. 2. Application of DONA VON E. BONNEY for a Conditional Use Permit for automotive detailing at the northeast corner of Princess Anne Road and Indian River Road (1800 Princess Anne Road), containing 22,433 square feet (PRINCESS ANNE - DISTRICT 7). Council Lady Henley advised Mr. Bonney is still not satisfied that a Conditional Use Permit is require& however, correspondence from Karen Lasley, Interim Zoning Administrator, advised since the applicant ceased utilizing the non-conformity for a period greater than 2 years, the "grandfather" status was lost. When the appBcation was a horse trailer facility and tire repair was performed, the City staff allowed the non-conformity for tire repair to continue, but Mr. Bonney must now seek a Conditional Use Permit for detailing. The existing free-standing sign must be removed from the City's right-of-way and relocated onto the property in accordance with Section 950, "sign regulations" of the City Zoning Ordinance. An application for an encroachment into the public-right-of-way will have to be submitted. ITEM # 46897 i. 3. Application of CHARLES F. BOWDEN for a Change of Zoning District Classification from R-30 Residential District to Conditional R-20 Residential District on the west side of WakefieM Drive, south of Delray Drive, subdivision to Thoroughgood, Section 8, Part 4, containing 10. 588 acres. (BAYSIDE DISTRICT- 4) This application will be discussed during the Formal Session. ITEM # 46898 i. 5. Application of TERRY/PETERSON RESIDENTIAL TEN, L.L.C., for a Change of Zoning District Classification from R-7.5 Residential District to A-12 Apartment District with a PD-H2Planned Development District Overlay on the south side of Indian River Road, 613feet west of Sandpebble Drive, containing 14. 77acres. (CENTERFILLE DISTRICT- O The appBcant has requested DEFERRAL until the City Council Session of August 8, 2000. ITEM # 46899 L. 6 Ordinance of the CITY OF VIRGINIA BEACH to AMEND City Zoning Ordinance (CZO) : ~ 107 re requiring conditional zoning agreements to be prepared by an attorney. Council Lady McClanan will vote a VERBAL NAY on this item. July 11, 2000 -18- AGENDA REVIEW SESSION ITEM # 46900 L. 6 Ordinance of the CITY OF VIRGINIA BEACH to AMEND City Zoning Ordinance (CZO) : ~ 111, definitions and Article 2 of the City Zoning Ordinance (CZO) by adding a new Part D re establishing design and other standards for retail establishments. Council Lady Eure requested this item be DEFERRED until the City Council Session of August 22, 2000. Council Lady Eure distributed information relative the Retail Design Guidelines Committee and the members involved; the staff hours encompassed regarding this process: Assistant City Attorney Bill Macali - 87 hours; Karen Lasley - 206 hours and Stephen White - 225 hours. On Thursday, July 6, 2000, Council Lady Eure called a meeting of Council Lady Parker and staff including Planning Director Robert Scott, to determine a course of action for the July l l, 2000, City Council Session. Their recommendation was to defer action until the City Council Session of August 22, 2000. As the Planning Commission is to DRAFTs Conditional Use Permit Ordinance for big boxes on August 9, 2000, the City staff will define how all of the proposed and existing documents, ordinances and guidelines (Comprehensive Plan) will work with one another and how (and ~/) staff can implement all of the documents efficiently. Staff will prepare a draft plan, which will be furnished to the Task Force prior to a Workshop to be scheduled for presentation to City Council on August 15, 2000, and scheduled for the City Council Formal Session of August 22, 2000. ITEM # 46901 L. 7. Ordinance to AMEND the Site Plan Ordinance re fees and procedures for jToodplain variances. This item will be DEFERRED until the City Council Session of August 8, 2000. ITEM # 46902 BY CONSENSUS, the following items shall compose the CONSENTAGENDA: L1 L2. Z. 3. Ordinances for the STREET CLOSURES- discontinuance, closure and abandonment of certain street or alleyways: (BEACH DISTRICT- 6) FRANKLIN M. & JOELLEN FITZGERALD for the western 7. 5feet of a 15-foot alley located between Lots 8 & 20, Block 22, Croatan Beach, containing 375 square feet. BOYD CORPORATION for a portion of a 15-foot alley located 100feet east of South Atlantic Avenue lying between Lots 11 and 12 and Lots 23 and 24, Block 20, Croatan Beach, containing 1500 square feet. Application of DONA VON E. BONNEY for a Conditional Use Permit. for automotive detailing at the northeast corner of Princess Anne Road and Indian River Road (1800 Princess Anne Road), containing 22,433 square feet (PRINCESS ANNE- DISTRICT 7). Application of M & K INVESTMENTS for a Change of Zoning District Classification from R-Z5 Residential District to Conditional A-18 Apartment District on Lots 29 and 30, Block 5, Woodland, on the north side of 24th Street, 405feet west of Barbeton Drive containing 8, 755. 56 square feet. (BEACH DISTRICT- 6) July l l, 2000 - 19 - AGENDA RE VIE W SESSION ITEM # 46902 (Continued) Z. 5. L. 6 L.Z A pp li c a ti o n of TERR Y/PE TERS O N RE SID ENTIA L TEN, L. L C.,for a Change ofZoning District Classi/ication from R- 7. 5 ResidentiM District to A-12 Apartment District with a PD-H2Planned Development District Overlap on the south side of Indian River Road, 6]3feet west of Sandpebble Drive, containing 14. 77 acres. (CENTERVILLE DISTRICT Ordinances of the CITY OF VIRGINIA BEACH to AMEND City Zoning Ordinance (CZO) 3g 107 re requiring conditional zoning agreements to be prepared by an attorney. 3~ 1 ! 1, definitions andArticle 2 of the City Zoning Ordinance (CZO) by adding a new Part D re establishing design and other standards for retail establishments. Ordinance to AMEND the Site Plan Ordinance re fees and procedures for floodplain variances. Item L. 5. will be DEFERRED, BY CONSENT, until the City Council Session of August 8, 2000 Council Lady McClanan will vote a VERBAL NAY on Item 6. a. Item L. 6. b. will be DEFERRED, BY CONSENT, until the City Council Session qf August 22, 2000. Item L. 7. Will be DEFERRED, BY CONSENT, until the City Council Session of August 8, 2000. ITEM # 46903 Mayor Oberndorf referenced the PublicHearingconcerningRealEstateAssessments On-Line. There are a number of citizens, who believe the City Council is voting on this item. The citizens find this very invasive and threatening. Samaritan House expressed the concern relative the safety of their battered women residents and feared their location wouM be revealed on the Internet. The Clerk of the Circuit Court, Curtis Fruit, has forwarded an E-Mail, advising to eliminate the valuable body of data on the Internet, will have grave consequences upon the plans of the Circuit Court's office. The Court will soon begin to offer remote access, via the Internet, to their land records, data, title companies, attorneys newspapers, relators and others, who will be able to dial up the site and actually perform a title search 24 hours per day. July 2ooo - 20 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL July 11, 2000 2:00P. 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, July 1], 2000, at 2.'00 P.M. Council Members Present: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba X McClanan, Robert C. Mandigo, Jr. Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Absent: None INVOCATION: Reverend Fritz Stegeman Open Door Chapel PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Wachovia Bank, disclosed and there were no other matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Wachovia Bank. The Vice Mayor regularly makes this Disclosure as he may not knowo~f the Bank 's interest .... tn any apphcation that may come before City Council. V~ce Mayor Sessoms' letter of danuary 4, 2000, is hereby made apart of the record. July 11, 2000 Item V-F. 1. - 21 - MINUTES ITEM # 46904 Upon motion by I~ce Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of July 5, 2000. Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William V~. Harrison, dr., Barbara M. Henley, Louis R. dories, Reba S. McClanan, Robert C. Mandigo, dr. Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None duly 11, 2000 Item V-G. - 22 - ADOPT A GENDA FOR FORMAL SESSION ITEM # 46905 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION ADDED: Resolution reaffirming importance of Stumpy Lake / declaring surrounding land not be developed, except fully consistent with the Virginia Beach Comprehensive Plan~for health and safety of this community. Ordinance to AMEND City Code 3~ 6-120. 2 re regulation of personal watercraft rentals. Ordinance re franchise to VIRGINIA GEORGE CO. for an Open Air Cafd '. 2000 - 23 - V-& I. ADD-ON ITEM # 46906 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADDED to the Agenda: Resolution reaffirming importance of Stumpy Lake / declaring surrounding land not be developed, except fully consistent with the Virginia Beach Comprehensive Plan~for health and safety of this community Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William }[. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr. Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None July 11, 2000 - 24 - V-G. 2. ADD-ON ITEM # 46907 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, CiO2 Council ADOPTED:: Resolution reaffirming importance of Stumpy Lake / declaring surrounding land not be developed, except fully consistent with the Virginia Beach Comprehensive Plan~for health and safety of this community Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, William I~. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr. Mayor Meyera E. Oberndorf Nancy K. Parker, l~ce Mayor William D. Sessoms, dr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None July 2000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 A RESOLUTION REAFFIRMING THE IMPORTANCE OF THE STUMPY LAKE AREA AS A NATURAL HERITAGE AREA AND DECLARING THAT STUMPY LAKE AND THE LAND SURROUNDING IT SHOULD NOT BE DEVELOPED EXCEPT FOR PURPOSES WHICH ARE FULLY CONSISTENT WITH THE COMPREHENSIVE PLAN AND WITH THE VISION OF THE STUMPY LAKE AREA AS A NATURAL RESOURCE VITAL TO THE HEALTH, SAFETY AND WELFARE OF THE COMMUNITY WHEREAS, by virtue of its unique ecosystem and associated plant and animal species, Stumpy Lake and the land surrounding it (the "Stumpy Lake Property") are one of the most significant and valuable natural heritage areas in the City and the Southeastern Virginia region; and WHEREAS, a portion of the Stumpy Lake Property is designated in the Comprehensive Plan as "Natural Resource/Conservation" and the remainder thereof is designated as "Open Space/Parkland;" and WHEREAS, land designated as "Natural Resource/Conservation" denotes areas consisting of wetlands identified as such by the National Wetlands Inventory, sensitive soils, coastal dunes, or other natural features where, according to the Comprehensive Plan, "land disturbing activities should be avoided, mitigated, or under certain conditions prohibited;" and WHEREAS, land designated as "Open Space/Parkland" denotes areas "planned for outdoor recreation and leisure activities or aesthetic purposes;" and WHEREAS, consistent with the aforesaid Comprehensive Plan designations, the Stumpy Lake Property is zoned P-1 Preservation, the City's most restrictive zoning district classification, such that any significant development would require a rezoning of the Property; and WHEREAS, the City of Norfolk has entered into a contract with a developer, TransAmerica Services, Inc. ("TransAmerica"), to sell the land surrounding Stumpy Lake to TransAmerica for the purposes o~35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 of developing the land for, according to the said contract, ~'a combination of single - family and multiple - family residential and units with a density of a minimum of six hundred (600) buildable single - family residential lots of 15,000 square feet or less and four hundred fifty (450) multiple - family units for a retirement community," and WHEREAS, the City of Norfolk is also giving consideration to selling Stumpy Lake itself to TransAmerica for purposes of facilitating the development of the land surrounding the Lake; and WHEREAS, the City Council believes and affirms that the Stumpy Lake Property, including the Lake and the land surrounding the Lake, should be perpetually protected from development which is incompatible with the aforesaid provisions of the Comprehensive Plan; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby reaffirms the importance of the Stumpy Lake Area as a natural heritage area, the protection and preservation of which is vital to the City and the entire region. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby declares that Stumpy Lake and the land surrounding it should not be developed except for purposes which are fully consistent with the aforesaid designations of the Stumpy Lake Property in the Comprehensive Plan as "Open Space/Parkland" and ~Natural Resource/Conservation" and with the vision of the Stumpy Lake Area as a natural resource vital to the health, safety and welfare of the community. ~'63 64 Adopted by the City Council of the City of Virginia Beach on this the 11 day of 3uly , 2000. 65 66 67 68 CA-00- 7799 WMM/ordres/stumpylake.res R-2 July 11, 2000 3 V-G. 3. ADD-ON - 25 - ITEM # 46908 Mayor Oberndorf recognized the following Girl Scouts in attendance to earn their Junior Citizens and Government in Action badges. JUNIOR TROOP 604 Irene $clafan Leader July l l, 2000 Item V-G. 5. - 26- PRESENTATION ITEM # 469O9 Lillie Gilbert, Chairman - Parks and Recreation Commission accompanied by Sara Hensley - Director of Parks and Recreation, PRESENTED the Mayor: MILLENNIUM TRAILS A WARD This Award was PRESENTED in recognition of the Mayor's efforts for the Open Space Community Mrs. Gilbert advised Mayor Oberndorf and herself have promoted the Virginia Beach Scenic Waterways on a local and regional level. In June 2000, the City was awarded a national recognition of the waterways. Mrs. Gilbert quoted from Hillary Rodham Clinton's letter: "The Millennium Trails Project is a public/private partnership led by the White House Millennium Council, United States Department of Transportation, Trails Conservancy, National Endowment for the Arts, National Park Service, American Hiking Society, and a committed group of federal agencies, national organizations and private companies. New coalitions are being formed every day to continue the nationwide effort to connect every community in America with a network of Millennium Trails. The Millennium Trails are tangible gifts to the fi~ture that represent a commitment and investment in the kind of country we want to create in the 21'~'t Century." The Waterway in Virginia Beach was officially dedicated in September 1986. Since that time, it has been cleaned by both private and City personnel. July11, 2000 - 27- Item PRESENTATION ITEM # 46910 C. Mac Raw& Executive Director of Museums and Cultural Arts, presented the schematic designs of the Virginia Marine Science Museum, Phase III, which will translate these conceptual plans into real space and also provide the basis for an accurate cost estimate. The Virginia Marine Science Museum will exceed the City's expectations and be one of the best marine education centers in the United States. Additionally, the impact of this facility will be interpreted by the exhibit programs and information relative the recently completed economic impact survey. The site will be treated as a separate item and this information will be presented to City Council at a future Session. At that time, recommendations will be made relative the acquisition of certain properties. Peter Sollogub, Chermayeff, Sollogub and Poole, advised in May 2000, the firm completed the schematic design which encompass architectural documents of all the major engineering disciplines, especially the factors of life support and habitat design. Those documents were submitted and evaluated by an independent Project Manager and Cost Evaluator and were also reviewed by Everett Herndon. Phase III has been conceived as a stand alone building, 114,000 square feet on multi-levels. It has now been designed to extend the Museum's theme from the estuary's and the Chesapeake Bay to the Virginia Coast and its ocean. It has been designed to contain and extend the Museum's focus from marine conservation, animal stewardship care, and education and to extend those concepts in this new facility. The large tank contains 1,600,000 gallons of water, is 130feet long and 40feet deep, and is supported by four levels of facility care. This tank will exceed the size of the tank in Lisbon, which until now has been their largest tank. Viewing windows 20feet tall create an emersive experience. The lobby will be three times the size of the current facility and contain visitor services and educational facilities. The visitor will proceed upward 60 feet on an elevator 60 feet with a sound and light experience; and, at that point, they will enter the emerging habitat. The habitat is nearly as long as a football field, (almost 300 feet in length). The stranding gallery is a "state of the art"facility. The building has been designed as a pavilion of glass, warm colored steel and cast stone. It has been designed in such a way as to allow the exhibit to be seen from the outside. At night, it will glow like an lantern above the estuary. PROJECT COST ESTIMATE SCHEMATIC DESIGN 1999 Design $ 5,000,000 Construction Building Exhibits Sub-Total $ 28, 205, 854 $ 6, ooo, ooo $ 34, 205, 854 Site Work $ 0 Furniture and Equipment $ 0 Site Acquisition $ 0 Contingencies $ 3,420,585 Project Totals $ 42, 626, 439 Mark Swingle -Curator - Stranding Center, advised this project expands the Mission to educate citizens relative the Marine Environment. The new Stranding Center will have more than 100,000 gallons of emergency medical pools for the rescue and rehabilitation of stranded dolphins, seals and sea turtles. There will be research and data management facilities and laboratories for full-time medical and animal care staff In the last decade, the Stranding Team responded to more than 1500 marine animal strands in Virginia. The new center will be the finest marine animal rescue facility in the Mid-Atlantic region. The new facilities will allow for emergency and long-term care of stranded animals. Stranding is labor-intensive, extremely expensive and does not produce revenues. Educational Value of Marine Mammals in Aquariums People are inspired to care by experiencing live animals. The National Science Teachers Association (NSTA) lists aquariums and zoos as some of the most important informal learning resources. Of those responding to public polls, 91% believe zoological institutions are important for educating people about marine mammals. In 1999, 132-MILLION people visited zoos and aquariums. July l l, 2000 Item V-H. PRESENTATION - 29 - ITEM # 46910 (Continued) ANNUAL TAX REVENUES FROM ON- AND OFF-SITE EXPENDITURES OF THE EXPANDED FIRGINIA MARINE SCIENCE MUSEUM Virginia Beach $ 2. 9-M Other Hampton Roads $1.3-M Commonwealth $ 3. 7-M TOTAL $ 7. 9-M ANNUAL OPERATING RESULTS OF THE EXPANDED VIRGINIA MARINE SCIENCE MUSEUM Revenues $11, 758,388 Expenditures $11,211,191 TOTAL $ 547,197 The following registered to speak in SUPPORT: Tom Frantz, President - Virginia Marine Science Museum Foundation Harry Lester, Member - Board of Trustees, l, qrginia Marine Science Museum Foundation Morris Fine, Past President - Virginia Marine Science Foundation Tim Robertson, Member - Board of Trustees, Virginia Marine Science Museum Foundation John Malbon, President- Virginia Beach Visions Bill Butler, Co-Chair - Hampton Roads Partnership who funded the Phase III economic analysis study Bill Miller, represented residents, educators and small business owners. John Sheppard, represented Virginia Marine Science Volunteer League - I, 000 members. Bill Spence, resident of ~rginia Beach Chris Wood, life long resident Frieda Stanley, Docent at Virginia Marine Science Museum Nick Savage, Teacher Samantha Wills, Student - Kellam High School Carolyn Lincoln, 1200 Sotheby Court, Phone: 467-0401 Coleen Ramey, Virginia Marine Science Museum Volunteer, 815 Arnold Palmer Drive, Portsmouth: Phone: 465-4053 The following spoke in OPPOSITION: Bill Neely, Public Affairs Co-ordinator - PETA (comprised of over 700, 000 members), 490 Piney Branch, Phone: 437-7024 July l l, 2000 OUR N~ ~ City of Virginia LESLIE L. LILLEY CITY A'I-DORNEY August 29, 2000 MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VA 23456-9004 (757) 427-4531 FAX (757) 426-5687 TDD (757) 427*4305 Daniel R. Vice, Esquire Meyer & Glitzenstein 1601 Connecticut Avenue, N.W. Suite 700 Washington, D.C. 20009-1056 Re: Virginia Marine Science Museum Phase III Expansion Dear Mr. Vice: I am writing in response to your letter to me, dated August 9, 2000, and as a follow up to our telephone conversation on August 24, 2000. In your letter, you expressed concern that a "Presentation" on the Virginia Marine Science Museum's Phase III expansion, scheduled for City Council's July 11 meeting, was changed at the last minute to a public hearing without notice to PETA and other concerned citizens. You then requested that, in light of this change, a new hearing be scheduled as soon as possible in order to "provide full opportunity for PETA and others to present their views .... " In our conversation, I indicated that there will be several opportunities between now and the end of the year for the public to comment on the expansion, even ifa formal "public hearing" on the matter is not scheduled during that time. These opportunities will be available whenever an ordinance or resolution concerning the Museum appears on a Council agenda. Therefore, given the availability of these additional opportunities for public comment, the separate public hearing you have requested will not be necessary. And finally, your request for advance notice of all future public hearings on the expansion can be satisfied by simply calling the City Clerk's Office after 3:00 p.m. on the Friday before a Council meeting and inquiring whether any Museum-related items are on the Council's pending agenda,l Additionally, City Council's agenda is published the Sunday before each Council meeting in the Beacon, a supplement to The Virginian-Pilot. ~The City Clerk can be reached at (757) 427-4303. Proud Recipient of the 1998 U.S. Senate Medallion of Excellence for Productivity and (.~uality in the Public Sector. Daniel R. Vice, Esquire 2 August 29, 2000 I trust that this response adequately addresses your concerns. However, if you would like to discuss this matter further, .please do not hesitate to call me at (757) 427-8892. Very truly yours, RMB/sat cc: The Honorable Meyera E. Obemdorf, Mayor Members of City Council James K. Spore, City Manager Leslie L. Lilley, City Attorney ~4~uth Hodges Smith, MMC, City Clerk C. Mac Rawls, Director, VMSM eDolphin edom · coalition 501 Front St., Norfolk, VA 23510 · www. DolphinFreedomcorn July 14, 2000 Councilwoman NancT Parker 604 Goldsboro Ave. Virginia Beach, VA 23451 D~ar Councilwoman Parker, Regarding Tuesday's presentation bs' the Virginia Marine Science Museum, the Dolphin Freedom Coalition alw%vs welcomes the oppom~nity to address CiW Council. However, we mnst again express our deep dissatisfaction with the manner in which that presentation-was adve~ised and. implemented. Although a "public hearing" occurred, it was not advertised as such to the general public, nor was it correctly identified as a forum for public comment during any of the numerous calls that I made to tho city clerk. If this was simply an error, thc proper thing for thc council to do would have been to hold tho presentation as it had been advertised and reschedule the public hearing for the ~uture. Instead, the council decided to hold a "public heating," again, without notifying the public, directly after a 30-minute money pitch by Mac Pawls. The time for a public hearing is not right after one side of an issue has been promoted for 30 uninterrupted minutes. Nor is it proper to hold a public hearing immcdiatcly foiloxving a pr~scmation that has offered new information on thc issue. Finally, if a true "public hearing" is what you denired, why would you hold it in the middle of a weekday aternoon, when most people cannot attend due to employment restrictions? In subsequent conversations with various city staff members, I have learned that Mac Pawls knew that there would be a chance to comment all along, This explains why there were pro-captivity supporters there. Il/hat it doesn't explain is why this information was never released to the general public, ~ven when they called to ask. This basic failure of cmmcil to include the public in their deci.~inn-making process se~-ras to occur quite a bi~ in our city. I can't tell you how many people, in the hallway ,alter the presentation and over the telephone since the "public heating," have expressed embarrassmem because of council's actions and a strong desire to see council express an eagerness to hear public comment rather than a rctuclancc to do so. We have b~n respectful Of this process all along, speaking at the approlSriate forums and f6cusing our campaign on the construction of a dolphin tank at the museum and not the many complaints that wg have received concerning the museum's treatmem of animals already in the facility. Our continued patience is dependent on council's ability to respect our righ~ to take part in this democratic process and have our voices heard. Sincerely yours, Bill Ne~ly Public Aft'aim Coordinator. PETA ALIV~ · An'~neen _Cc.-i~/fr~. the P~v~ien of Cm~ 1o An,mnl~ (A~PCA), ~imal Pr~ Intht~e (API}- Anim.~ W~me I~e (AWl), ~-V,v~Ofl A~ Ne~ lAVA-Net) · &ss~ ~¢ i'~o~le el Defense ~e la NBI,j~ (AADN}, Cezacean 5ode~ Int~a~mna tCSl) · coalwo~ aOaln~ ~e Ue.l~ gtm~ ~g ~l~ie~ t~AIJRED) · ~e oo~nln Pro~ · EB~ Isla~ tn~ · ~Rtem ~ COalll~n ~t En~ronm~l Awa~ (ECC~I - EIga N~re ~n~w~ · Pedal,on B~e Bardm · T~ Fu~ f~ Animals · Ger~n O~p~ln Consewaaon ~ · I~ ~Se ~ ~i~ (IDA) · T~ S~m L~a A~imal Pr~ S~e~ (S~S) · ~ ~im Luoa whale aha ~loflln W~in9 A~o~a~n (SLWDWAI · 50.s. Gra~a Bleu - Item V-I. 1. PUBLIC HEARING - 30 - ITEM # 46911 Mayor Oberndorf DECLARED A PUBLIC HEARING: Acquisition of property adjoining Little Neck Road for OPEN SPACE FY 2001 Capital Budget Appropriation Ordinance Amendment There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. July 11, 2000 Item V-I. 2. - 31 - PUBLIC HEARING ITEM # 46912 Mayor Oberndorf DECLARED A PUBLIC HEARING: Real Estate Assessments On-Line Jerald D. Banagan, City Assessor deraM D. Banagan, Real Estate Assessor, advised for the City Council's review, a Web Site has been designed for On Line Real Estate Assessments This system has been devised to access through name search, property address or GPIN Number: General Information GPIN Number Property Address Legal Description Legal Owner July First Owner District Subdivision Ownership Transfer Informat~on Structure Information Year Built Remodeled Foundation type Roof Type Construction Type Building Class Total Number of Rooms Number of Baths with Tub Number of Half Baths Central Air Additions Class Code Exterior Finish Story Height Interior Condition of Structure Number of Bedrooms Number of Baths with Shower Only Types of Heat Fireplaces Lan d Information Zoning Front Footage Acreage Depth Footage City Utilities Water/Sewer Waterfront Topography Structural Improvements Item Size or Number of Units Rate % Adjustment Assessment Value duly l l, 2000 Item V-I. 2. - 32 - PUBLIC HEARING ITEM # 46912 (Continued) Current Assessed Value Land Value Total Improvement Value Total Assessed Value New Assessed Value Land Value Total Improvement Value Total Assessed Value Recognizing there are individuals with privacy concerns, a procedure has been provided to have the owner's name be removed from the record. Approximately 2,000 individuals have contacted the Real Estate Assessor's office requesting their name be removed The information and search capabilities may be edited as City Council desires. Mr. Banagan has advised Samaritan House their name would be removed from the record, if they desire. David Sullivan, Chieflnformation Officer, advised there is considerable information already on the Internet. If an individual's phone number is listed in the Telephone Directory then they are on the Internet. Any ability to search by name (either current or previous owner) can be removed from the Real Estate Assessments On-Line. Under state law, Freedom of Information requests ', this data is already sold to a number of commercial entities: MLS, More Data. However, this information is typically updated two or three times a year, which is not quick enough for individuals validating judgments or current ownerships. The service the City wishes to provide would have the latest information. Residents of Samaritan House and other group homes are never made part of the information in the Real Estate Assessments. The following registered to speak in OPPOSITION: Frank Chebetar, 217 Greenwood Lane, Phone: 486-1069 Marian Harris, 3419 Virginia Beach Boulevard, Phone: 340-7320 Carolyn Lincoln, 1200 Sotheby Court, Phone: 467-0401 Mary Puryear Butler, 3300 Doncaster Road, Phone: 340-3300 There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. City Council will review and consider this matter at a future City Council Session. duly l l, 2000 Item V- J. - 33 - ORDINANCES/RESOL UTIONS ITEM # 46913 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED IN ONE MOTION, ORDINANCES/RESOLUTIONS la/b/c, 2 (ASAMENDED), 3 (DEFERRED), 4, 5, 6, 7, 9, 10 and ] 1.of the CONSENTAGENDA. Item 2 was ADOPTED, AS AMENDED, BY CONSENT Item 3 was DEFERRED until the City Council Session of August 22, 2000, BY CONSENT. Voting: ! 1-0 Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyers E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None Council Lady McClanan voted a VERBAL NAY ON Item 2. Councilman Harrison ABSTAINED on Item 10 (Lead Modification Agreement/Social Services Building), as his law firm does business with the tenant at this facility. Councilman Jones DISCLOSED he owns property on Princess Anne Road along this Corridor; however, the City Attorney has advised him he is able to participate in the transaction fairly, objectively and in the public interest. July 11, 2000 - 34 - Item V- J. 1. a/b/c ORDINANCES/RESOL UTIONS ITEM # 46914 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinances to AMEND the City Code: a ~ 2-129, 2-130, 2-132 thru 2-137 andADDING ~ 2-140 re the City's Grievance Procedure b Repealing ~ 23-30, andAdding a new Chapter 18. 5 re massage therapy c 3%g 35-136 thru 35-140 and 35-143.1 re meal taxes to reflect state law Voting: 11-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None JulyS1, 2000 1 2 3 4 10 11 12 13 14 15 AN ORDINANCE TO AMEND CERTAIN SECTIONS OF THE CITY CODE AND TO ADD A NEW SECTION 2-140 PERTAINING TO THE CITY'S GRIEVANCE PROCEDURE SECTIONS AMENDED: §§ 2-129, 2-130, 2-132, 2-133, 2-134, 2-135, 2-136 AND 2-137 SECTION ADDED: § 2-140 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 2-129, 2-130, 2-132, 2-133, 2-134, 2-135, 2-136, and 2-137 of the Code of the City of Virginia Beach, Virginia, are hereby amended and reordained, and a new Section 2-140 is hereby added, to read as follows: 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 Sec. 2-129. "Grievance" defined; determination of grievability. (a) A "grievance" shall be defined as a complaint or dispute by an employee relating to his or her employment, including, but not necessarily limited to~ the following, and excluding matters listed in subsection (b) below and in section 2-139: (1) Disciplinary actions~ including, but not limited to, dismissals, demotions and suspensions; ~ ....... ,hcwcver, (2) The application~ of personnel policies, procedures, and of rules and regulations ~ ...... z ...... ~ ............ human rcsources, including the application of policies~ procedures, rules or requlations involving matters referred to in subsection (b) (3) below, where it can be shown that a particular policy, procedure, rule or regulation was misinterpreted or applied inconsistently and that such misinterpretation or inconsistent 33 application affected the employee filinq the complaint=~ 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 ..... ~ ......... dDiscrimination ~ on the basis of race, color, creed, reliqion, political affiliation, age, disability, national origin or sex=3_ and Acts of retaliation because the employee has (i) used or otherwise participated in the qrievance procedure; (ii) complied with any law of the United States or the Commonwealth of Virqinia; (iii) reported any violation of law to a qovernmental authority; (iv) souqht any chanqe in law before the Conqress of the United States or the 52 53 54 55 56 57 58 59 6O 61 62 General Assembly; or (v) reported an incidence of fraud, abuse or qross mismanaqement. (b) Management rcscrves retains the exclusive right to manage the affairs and operations of city government. Accordingly, the following complaints are not grievable: (1) The establishment and revision of wages or salaries, position classification~ or general benefits~l (2) Work activity that (i) is accepted by the employee as a condition of employment~ or ..... ~r ~t~ ...... ~ (ii) is part of the job description; or (iii) may be reasonably expected to be a part of the job content=l 2 63 64 65 66 67 68 69 7O 71 72 73 74 75 76 77 78 79 8O 81 (3 (4 (5 (6) (7) The contents of ordinances, personnel policies, procedures, regulations~ ........ ~ ~-- ~ rcscurccD. statutes or established or of rules and ~ .......... of Failure to promote, except where the employee can show that established promotional policies or procedures were not followed or applied fairly=z The methods, means and personnel by which work activities are to be carried on=~ Termination, layoff, demotion or suspension from duty because of lack of work, reduction in work force or job abolition, except where such action affects an employee who has been reinstated within the previous six (6) months as a result of the final determination of a grievance. Such action shall be upheld upon a showing thatl (i) there was a valid business reason for the action and (ii) the employee was notified of such reason in writing prior to the effective date of the action=l Administrative termination as defined in section 2- 82 83 84 (8) 114 (f) ; A non-disciplinary oral counselinq; provided the oral counselinq has not been reduced to writinq and included 85 86 87 88 89 9O 91 92 (7) in the employee's official personnel file maintained by the department of human resources; The measurement and assessment of work activity throuqh a performance feedback/evaluation; except where the employee can show that the feedback/evaluation was arbitrary or capricious; The hiring, promotion, transfer, assignment, and retention of employees within the city=l 93 94 95 ($) (11) The relief of employees from their duties in the case of an emergency=; and (9) (12) Management's rights as outlined in section 2-139. 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 (c) If there is a question of grievability, either the grievant or management must contact the director of human resources immediately, and in writing, to request a determination of grievability. The question of grievability may only be raised after the grievance has been placed in writing (step 2) but shall not bc raiscd after before a personnel board hearing has been convened. A decision regarding whether or not a matter is grievable shall be made by the city manager or the director of human resources within ~ .... ~___ f~A~ ten (10) consecutive calendar days of receipt of the request in writing. The decision of the city manager or the director of human resources as to grievability may be appealed to the circuit court pursuant to section 2.1 II~.5~E1 15.2-1507(9) of the Code of Virginia, as amended, for a hearing by filing a notice of appeal with the director of human resources within ten (10) consecutive calendar days of the grievant's receipt of the decision. Within fourtccn (14) ten (10) consecutive calendar days of the filing of the notice of appeal, the city shall transmit to the clerk of the court and the qrievant a copy of the decision, a copy of the notice of appeal and the exhibits. A list of any evidence furnished to the court shall also be furnished to the 116 117 118 119 120 grievant. Failure of the city to transmit the record to the circuit court will not prejudice the qrievant's riqht of appeal. Within thirty (30) calendar days of receipt of such records by the clerk, the circuit court, sittinq without a jury, will hear the appeal on the record transmitted and the circuit court may accept 121 122 additional evidence as may be needed to resolve any controversy as to the correctness of the record. The circuit court, in its 123 124 discretion, may receive such other evidence as the ends of justice require. The court may affirm, reverse, or modify the decision of 4 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 the city. The decision of the court, which will be rendered no later than fifteen (15) calendar days from the date of conclusion of the hearinq, ~ ~--~ ^~ ~ ..... ~ ................... c .... is final and not appealable. Sec. 2-130. Time limits. The various consecutive calendar day periods referred to ...... ~ .......................... ii in this division shall include all leave, holiday~, and unauthorized absence time, as well as normal work days and weekend days for all employees. Sec. 2-132. Eligibility to utilize grievance procedure. (a} ~ ~"~ ~ .......... ~ ~ ~ ~ ........... cept provided in subsection (b), all city employees who are members of the merit ~-~ ...... .... ~~ service, as defined in section 2-76, and all ~"~ ~ .......... ~ ~-~ ~ ~-~ pcrmanent employees of the constitutional offices (excluding elected officials) by written consent of the elected official= shall be eligible to utilize all phases of the grievance procedure set forth herein. (b) Notwithstandinq the provisions of subsection (a), all ---~,-~ ~ ~..~-~ ~..~~..~~"~~ office employees (excluding elected officials) who are employed---~ ...... ~ ...... ~ ~,~- ~ ..... ~ ...... t ..... o__r seasonal basis , ~ temporary, part ~-^ probational, part ~ -- shall be eligible to utilize such procedure only up to and including step ~_3 ~/~" manager) (department director); =~=~ Type ~ ~ .......... provided, however, that at no time shall an employee employed on a temporary, probational, or seasonal basis be allowed to appeal a dismissal. For the purpose of this subsection, a probational employee shall be defined as an employee who has yet to complete the initial six (6) months of employment with the city (or the hourly equivalent for part-time employees), with the exception of police and fire positions in which designated employees serve a one-year initial probationary period which follows any original 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 employment or reemployment ~ -- ~-'-- -m~ ....... ~ ~--. (c) All permanent police officers shall be given written notification of the right to proceed under either this grievance procedure or the Law-Enforcement Officer's Procedural Guarantees set forth in section~ 2.1-116 ~1, ....... ~ 2.1 I~.9 et seq. , of the Code of Virginia, as amended, but not both. (d) In addition to the provisions of the qrievance procedure, Aall full time permanent firefighters and emergency medical technicians subjected to an interrogation which could lead to dismissal, demotion or suspension for punitive reasons shall be governed by the Firefighter's and Emergency Medical Technician's Procedural Guarantees, set forth in section~ 2 ........ 1-116 9:1~ ~ .... gh ~.~ ~ ~.~.~~ ~ ~-= et seq., of the Code of Virginia, as amended. Sec. 2-133. General grievance procedure--T~e A grievances. ,~, ~z~ A ~ .......... ~ ~ ....................... dismissal, (b) Type A grievances may be appealed directly to the personnel board at the discretion of the srievant, If an employee does not appeal a Type A qrievance directly to the personnel board, the procedure for Type $ qrievances, which is set forth in section 2-134, shall be followed. s~c. 2-~34. S~e--T~ B ~rievanc~s. .... ~ ,~, ..................... 3 hours. The procedure for Type B qrievances includes the followinq steps: (1) Step 1 ~ ..... ~ .... ~ ~-~ ..... ~ ) ...... ~ .......... m~ ~ The grievant , shall discuss the grievance with thc his or her immediate 6 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 (2) (3) (4) supervisor in person within twenty (20) consecutive calendar days from the date of its occurrence or knowledge of its occurrence. The immediate supervisor must verbally reply to the grievant within ten (10) consecutive calendar days of the date of this discussion. Step 2. If the grievance is not settled in step 1, the grievant may, within ten (10) consecutive calendar days of the immediate supervisor's verbal reply, submit the grievance in writing to the same supervisor on a "grievance statement and remedy form" available from the department of human resources or any city-owned or leased information bulletin board. The immediate supervisor must reply in writing to the grievant on the "grievance reply and remedy form" within ten (10) consecutive calendar days of receipt of the written grievance. Step 3. If the grievance is not settled in step 2, the grievant may appeal the immediate supervisor's decision by forwarding the "Grievance Statement and Remedy Form" to the department hcad director within ten (10) consecutive calendar days of the immediate supervisor's response. The department hcad director or his or her designee must meet with the grievant and thc immediate ~ ....... , ~ .......... ~ ...... ~, to SCUSS the g i ith pl ~-~ ~ ~-~ p ' r evance w the em oyee and must reply in writing to the grievant on the "grievance reply and remedy form" within ten (10) consecutive calendar days of the receipt of the written grievance. If the immediate supervisor is the department kcad director, steps 2 and 3 are consolidated into a single step. Step 4 ~ ~ ~ 7 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 (i) (a) ..... , ....................... ¢~ cf the ................~u**~~ ....... · ~**~ ~" managcr or his If the grievance is not settled in step ~ ~, the grievant may appeal the decision to the personnel board. The decisions of the personnel board shall be final and binding and shall be consistent with law and written policy. The "grievance statement and remedy form," and the "grievance reply and remedy form~" must be sent to the director of human resources within ten (10) consecutive calendar days of the ~ ~ ~-- ~* ~¢ managcr ' s department director' s response. Upon notification of the grievant ' s intent to appeal, the director of human resources must arrange the time and place of the hearing and notify all affected parties of such time and place within fourteen (14) consecutive calendar days. The personnel board hearing shall be scheduled~ if possible, within thirty (30) consecutive calendar days from the end of the aforementioned fourteen consecutive-day period. Either the grievant or management may petition the circuit court for an 8 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 order requiring implementation of the decision of the personnel board. (ii) (b) A member of the personnel board shall be disqualified from hearing a grievance if (i) he o__r she has direct involvement with the grievance being heard or with the complaint or dispute giving rise to the grievance; (ii) he or she is in a direct line of supervision of the grievant or is one of the following relatives of a participant in the grievance process or of a participant's spouse: spouse, parent, child, descendants of a child, sibling, niece, nephew or first cousin; or, (iii) he or she is an attorney having direct involvement with the subject matter of the grievance, or is a partner, associate, employee or co-employee of such an attorney. (c) (b) With the exception of step ~ ~, the only persons who may normally be present in the management steps of the procedure are the grievant, the appropriate management representative(s) at the level of which the qrievance is beinq heard, and appropriate witnesses for each side. ~ ....... ~ ~,,~ ..... ~witnesses shall only be present while actually providing testimony. At step 3, the qrievant, at his or her option, may have a representative of his or her choice. If the qrievant is represented by leqal counsel, the city may also be represented by legal counsel. (d) (c) The time frames set forth herein may be extended by mutual agreement of the city and the grievant. (d) For purposes of this section, "immediate supervisor" shall mean the person who was responsible for providinq immediate supervision to the employee at the time the discipline or other action beinq qrieved was imposed. 9 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 3OO 301 302 303 304 305 306 307 308 309 310 311 312 313 (e) If, at any step of the qrievance procedure, a reduction in the level of discipline oriqinally imposed is offered to, but rejected by, the qrievant, the qrievance shall proceed to the next step of the procedure with the oriqinal level of discipline in place. Any offer to reduce the discipline or otherwise reach a resolution shall not be considered at the next step of appeal. Sec. 2-135. Assistance for ~t~.t employees who cannot read or write, and for disabled employees. E,L,~3~ who ~ is not able to read or write~ Any employee -~ ......... sh~'~ ~ or who has a disability and needs a reasonable accommodation in order to utilize ........ ~ ......... ~ ....... 1 ......................... ~ e qr evance proce urea ~ .......... this ~ivisicn. shall be referred by his or her immediate supervisor to the department of human resources for assistance. Sec. 2-136. Legal representation. The grievant may, at any step beyond the second step of this procedure, be accompanied or represented by an individual of his or her choice who may be legal counsel. Representation of the grievant shall be at the expense of the grievant. ,-,~**~ ......... ~,,,~**~ ,,~ **~ ..... pro .................... ~.,~ ~ ~ ~ ~ ........ ~anaqement may likewise be represented by leqal counsel at any step beyond the second step of this procedure? provided, however, that manaqement may not be represented by leqal counsel at step 3 of this procedure unless the qrievant is also represented by leqal counsel. The city attorney or a designated alternate attorney may not simultaneously provide counsel to the personnel board while serving management on the same grievance. 10 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 Sec. 2-137. Failure to meet time limitsl an~ waiving steps in ocedure~ --~ -:---It ............ ~ grievance pr ...................... mandatory election between open door policy and grievance procedure. (a) Should there be extenuating circumstances, the director of human resources may alter the time limits set forth herein. After the initial filing of a written grievance, failure of either party to comply with all substantial procedural requirements of the gricvancc procedure set forth in this division without just cause will result in a decision in favor of the other party on any grievable issue, provided the party not in compliance fails to correct the noncompliance within five (5) consecutive working days of receipt of written notification by thc othcr party from the director of human resources of the compliance violation. Such The initial written notification of noncompliance by the grievant or the department shall be made to the city manager director of human resources, who shall notify the other party. Failure of either party without just cause to comply with all substantial procedural requirements at the personnel board hearing shall result in a decision in favor of the other party. (b) Compliance determinations ~" ~ -~ .......... ~z ....... ~ ....... ~ shall be subject to judicial review by filing a petition with the circuit court within thirty (30) days of the date of such a determination. (c) The waiving of steps within the grievance procedure is prohibited. Should a case of grievability be appealed to the circuit court for review, a determination of grievability by the court does not allow the waiving of the remaining steps in the grievance procedure. (d) ~ .... ~ ..... policy prior 11 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 writing at ~t~ ~ ~- A g i ~ -~-"~ ........ ~" ~ ~ ~, .... r evant may not pursue ~oth the open door policy and grievance procedure on the same issue; he or she must elect which of the two procedures he or she will use. Sec. 2-140. Mediation. (a) Notwithstanding any provision herein to the contrary, at any time during this procedure, a grievance may, at the request of either the grievant or the qrievant's department director, and with the concurrence of the other party, be referred to mediation. (b) If a grievance referred to mediation is resolved to the satisfaction of both the grievant and his or her department director, such resolution shall be binding on both parties, and the grievant must sign a statement agreeing to waive his or her right to further pursue this procedure. (c) If a grievance referred to mediation is not resolved to the satisfaction of both the grievant and his or her department director, the grievance shall be returned to this procedure at whatever step it had reached at the time it was referred to mediation. (d) This procedure may be held in abeyance for up to ninety (90) days from the date a grievance is referred to mediation. Adopted by the City Council of the City of Virginia Beach, Virginia on this 11~h day of July, 2000. CA-6040 DATA/ODIN/PROPOSED/O2-129ETC.ORD JULY 5, 2000 R15 12 AN ORDINANCE TO AMEND THE CITY CODE BY REPEALING SECTION 23-30 AND ADDING A NEW CHAPTER 18.5 PERTAINING TO MASSAGE THERAPY SECTION REPEALED: § 23-30 SECTIONS ADDED: §§ 18.5-1 THROUGH 18.5-6 9 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Code of the City of Virginia Beach is hereby amended and reordained by repealing Section 23-30 and adding a new Chapter 18.5 to read as follows: 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 1 Any censo ~-'~z ....... , ...... ~ ........ ~..z ..... (3) 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 (b) (3) '-' ' .......... -' ....... "" ^-~ -' ..... ~- ~ ~-~" *--~-~ ~ ~ Chapter 18.5 MASSAGE THERAPY Sec. 18.5-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meaninqs ascribed to them in this section, except where the context clearly indicates a different meaninq: Certified massage therapist means any person who administers a massaqe to a client, in exchanqe for consideration, and who is qualified as a certified massaqe therapist pursuant to the requirements of Code of Virqinia section 54.1-3029. 61 62 63 64 65 66 Client means any person who receives a massage in exchange for consideration. Massage and massage therapy mean the treatment of soft tissues for therapeutic purposes by the application of massage and body work techniques based on the manipulation or application of pressure to the muscular structure or soft tissues of the human 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 body. The terms "massage" and "massage therapy" do not include the diagnosis or treatment of illness or disease or any service or procedure for which a license to practice medicine, nursing, chiropractic therapy, physical therapy, occupational therapy, acupuncture or podiatry is required by law. Massage establishment means a fixed place of business where a certified massage therapist gives a client a massage. Sec. 18.5-2. When and where massages may be given. (a) Except as provided in section 18.5-5 of this chapter, it shall be unlawful for any person to give a massage in exchange for consideration within the City unless the person giving the massage is a certified massage therapist. (b) Notwithstanding subsection (a)of this section, any person who is not a certified massage therapist but (i) is a graduate of a 200-hour course of instruction in massage therapy certified by the Virginia Department of Education, (ii) has passed the National Certification Examination for Professional Massage and Bodywork, or (iii) is a member in good standing of the American Massage Therapy Association, may continue to give massaqes in exchange for consideration in the city until June 30, 2001. Sec. 18.5-3. Display or presentation of certificate. Each certified massage therapist shall conspicuously post his or her current certificate issued by the State Board of Nursing in 3 91 92 93 94 95 96 97 98 99 100 10t 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 a public area at his or her massage establishment or, in the case of an off-premises massaqe, shall present his or her certificate to Sec. 18.5-4. Prohibited advertisinq. (a) It shall be unlawful for a person who is neither a certified massaqe therapist nor a member of a profession exempted pursuant to section 18.5-5 of this chapter, or for a business in which all of the employees who administer massaqes are neither certified massaqe therapists nor members of an exempted profession, to use the word "massaqe" on any siqn or other form of advertisinq, includinq a listing in a telephone or other business directory. (b) Notwithstanding the provisions of subsection (a) of this section, any person who is not a certified massaqe therapist, but does meet the requirements of section 18.5-2, subsection (b), may, until June 30, 2001, use the word "massaqe" on any siqn or other form of advertisinq, but may not use the words "certified," "therapy" or "therapist." Sec. 18.5-5. Exemptions. The provisions of this chapter shall not be applicable to the followinq persons while such persons are enqaqed in the performance of the duties of their respective professions: (1) Physicians, surqeons, chiropractors and osteopaths duly licensed to practice their respective professions in the State. (2) Physical therapists duly licensed to practice physical therapy by the State. (3) Employees of nursinq homes and hospitals which are duly licensed by the State, provided the employees are actinq the client. 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 under the direction and supervision of a licensed health care professional. (4)Nurses duly licensed by the State. (5) Trainers of any amateur, semi-professional or professional athlete or athletic team. (6) Barbers and beauticians duly licensed by the state who administer massaqes only to the scalp, face, neck or shoulders of clients. (7) Students of state-approved massaqe therapy program, provided the students are actinq under the direction and supervision of a certified massaqe therapist. Sec. 18.5-6. Violation. A violation of any provision of this chapter shall constitute a Class 3 misdemeanor. Adopted by the City Council of the City of Virginia Beach, Virginia, on this llth day of July, 2000. CA-7508 DATA/ODIN/PROPOSED/18.5ord.wpd R9 July 3, 2000 1 2 3 10 11 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO MEAL TAXES TO REFLECT CHANGES IN STATE LAW SECTIONS AMENDED: 35-136, 35-137, 35-138, 35-138.1, 35-139, 35-140 and 35-143.1. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 35-136, 35-137, 35-138, 35-138.1, 35-140, and 35-143.1 of the Code of the City of Virginia Beach, Virginia are hereby amended and reordained to read as follows: 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 Sec. 35-136. Definitions. Except where the context clearly indicates a different meaning, the following words and phrases, when used in this article, shall, for the purpose of this article, have the meanings ascribed to them in this section: Catcr. "Cater" means the furnishing of food, beverages, or both on the premises of another, for compensation. ~ ............. "City means the treasurer of the ~ ~~ .... treasurer" city and any of his duly authorized deputies~ an~ agcnts assistants or other employees. Commiss~u~ ..... u~ ~~. "Commissioner of the revenue" means the commissioner of the revenue of the city and any of his duly authorized deputies~ ~-~ ...... assistants or other employees .............. ~. _ .......... ~ means all food, beverages or both, including alcoholic beverages, purchased in or from a food establishment, whether prepared in such food establishment or not, and whether consumed on the premises or not, and without regard to the manner, time, or place of service. ~ ~~,~m~m ..... "Food establishment" means any place in or ~ ~ ........... both, are from which food or food products ........ ~ ..... prepared, packaqed, sold or distributed in the city, including, but 33 not limited to, any restaurant, dining room, grill, coffee shop, 34 35 36 37 38 39 4O 41 cafeteria, cafe, snack bar, delicatessen, confectionery, lunch counter, bakery, eating movie theater, house, eatery, drugstore, ice cream or yogurt shop, lunch wagon or truck, pushcart or other mobile facility from which food is sold, public or private club, resort, bar, lounge, or other similar establishment, public or private. The term ~food establishment" shall include private property outside of and contiquous to a building or structure operated as a food establishment at which food is sold for 42 43 44 45 47 48 49 50 51 52 53 54 55 56 57 58 59 6O 61 immediate consumption. · 'Meal" means any prepared food or beveraqes, ready for immediate consumption, offered or held out for sale by a food establishment. All such food or beveraqes, unless otherwise specifically exempted or excluded herein shall be included, whether intended to be consumed on the seller's premises or elsewhere, whether designated as breakfast, lunch, snack, dinner, supper or by some other name, and without reqard to the manner, time or place of service. ~w~. "Person" means: (a) Where the food establishment is a corporation, the president or managing agent of such corporation. (b) Where the food establishment is an unincorporated partnership or association, the general partner, partners, or managing agent of such unincorporated partnership or association. (c) Where the food establishment is a sole proprietorship, the owner or managing agent of such sole proprietorship. Sec. 35-137. Levied; ax~ount. There is hereby imposed and levied on each person a tax equivalent to four and one-half (4.5) percent on the total amount 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 90 paid for food and~v~~, m ......... ~ v~-~ any meal purchased from any food establishment, whether prepared in such food establishment or not and whether consumed on the premises or not. The tax shall be computed at a straight four and one-half (4.5) percent, any fraction of one-half or more being treated as one cent ($0.01). Sec. 35-138. Exemptions; limits on application. (a) The tax imposed under this article shall not be levied on candy, gum, nuts, and other items of essentially the same nature served for on- or off-premises consumption. (b) The tax imposed under this article shall not be levied on the following items when served exclusively for off-premises consumption: (1) ~ ..... ~ ....~ ~ ..... ~ D_~onuts, crackers, chips, cookies, and factory-prepackaged items of essentially the same nature. (2) Food sold in bulk. For the purposes of this article, a bulk sale shall mean the sale of any item that would exceed the normal, customary, and usual portion sold for on-premises consumption (e.g., a whole cake~ o__r a gallon of ice cream, or ................... itcms) ; a bulk sale shall not include any food or beverage that is catered or delivered ......... ~ ~ ~ .... for carry out by a food establishment for off-premises consumption. (3) Alcoholic and non-alcoholic beverages sold in factory-sealed containers. /4,) Any food or food product purchased with food coupons issued by the United States Department of Agriculture under the Food Stamp Pro~ram or drafts 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 issued through the Virginia Special Supplemental Food Program for Women, Infants, and Children. (5) Any food or food product purchased for home consumption, as defined in the federal Food Stamp Act of 1977, 7 U.S.C. § 2012, as amended, except hot food or hot food products ready for immediate consumption. The following items, whether or not purchased for immediate consumption, are excluded from the federal Food Stamp Act definition and are thus subject to the tax imposed under this article: sandwiches, salad bar items sold from a salad bar, prepackaged single-serving salads consisting primarily of an assortment of vegetables, and nonfactory-sealed beverages. This subsection shall not affect provisions set forth in subparagraphs (d) (3), (4) and (5) herein below. (c) A grocery store, supermarket, or convenience store shall not be subject to the tax imposed under this article except for any portion or section therein designated as a delicatessen or designated for the sale of ....... ~ ~--~ ~-~ ~ ......... ~ .................. ~ meals. (d) The tax imposed under this article shall not be levied on the following purchases of food and beverages: (1) Food and beverages furnished by restaurants (or other food establishments) to employees as part of their compensation when no charge is made to the employee. (2) Food and beverages sold by a day care center, public or private elementary or secondary school, 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 (3) (4) or any college or university to its students or employees. Food and beverages purchased for use or consumption by, and which are paid for directly by, the commonwealth, any political subdivision of the commonwealth, or the United States. Food and beverages furnished by a hospital, medical clinic, convalescent home, nursing home, home for the aged, infirm or handicapped, or other extended care facility to patients or residents thereof. (5) Food and charitable (6) beverages furnished organization to by a nonprofit elderly, infirm, handicapped, or needy persons in their homes or at central locations. Food and beverages sold on an occasional basis, not exceeding three (3) times per calendar year, by a nonprofit educational, organization, church, charitable, or benevolent or religious body as a fund-raising activity, the gross proceeds of which are to be used by such organization exclusively for non-profit educational, charitable, benevolent, or religious purposes. (7) Food and beverages sold through vending machines. Sec. 35-138.1. Gratuities and service charges. (a) Where a purchaser provides a gratuity for an employee of a seller, and the amount of the gratuity is wholly in the discretion of the purchaser, the gratuity is not subject to the tax imposed by this article, whether paid in cash to the employee or added to the bill and charged to the purchaser's account; provided, 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 in the latter case, that the full amount of the gratuity is turned over to the employee by the seller. (b) An amount or percent, whether designated as a gratuity, tip, or service charge, that is added to the price of the food and ...... ~ meal by the seller, and required to be paid by the purchaser, is a part of the selling price of the ~--~ ~-~ m ......... meal and is subject to the tax imposed by this article. Sec. 35-139. Collection. (a) Every person receiving any payment for=v~=~-~ ~..~-~ ~=~ m ......... a meal '-'~ ............ ~ ~ bj ......... ~ .............. su~ect to the tax is levied under this article shall collect the amount of tax imposed under this article from the purchaser on whom the same is levied, or from the purchaser paying for such=~=~ ~.~=~-~ ~~m ......... meal, at the time payment for such food and beverages meal, be is made. The taxes so collected shall be dccmcd to bc held in trust for the city by the person required to collect such taxes until remitted as provided in this article. (b) No blind person operating a vendinq stand or other business enterprise under the jurisdiction of the Department of the Visually Handicapped and located on property acquired and used by the United States for any military purpose shall be required to collect or remit such taxes. Sec. 35-140. Reports and remittances generally. The person collecting any tax as provided in section 35-139 shall make out a report, upon such forms and setting forth such information as the commissioner of the revenue may prescribe and require, showing the amount of=~=~ ~.~=~ ~=~~ ........ meals charges collected and tax required to be collected, and shall sign and deliver such report to the city treasurer with a remittance of such 6 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 tax. Such reports and remittances shall be made on or before the twentieth day of each month, covering the amount of tax collected during the preceding month. Sec 35-143 1 ~___~.. =A_ Wwillful failure to file returns or to pay, collect, or truthfully account for tax. (a) Any corporate= or partnership or limited liability company officerT or any -~ ............. ~ ~ ...... ~ ........ ~ ..... tu collect, account ~ .............. ~ ..... ~ ..... ~ ~ ~ article who willfully fails to pay, collect, or truthfully account for and pay over the tax imposed under this article, or willfully attempts in any manner to evade or defea_et any such tax or the payment thereof, shall, in addition to other penalties imposed by law, be liable for a penalty of the amount of tax evaded or not paid, collected, or accounted for and paid over, to be assessed and collected in the same manner as such taxes are assessed and collected. (b) Any corporate or partnership officer as defined in this section, or any other person required to collect, account for, or pay over the tax imposed under this article, who willfully fails to collect or truthfully account for or pay over such tax, or who willfully evades, or attempts to evade such tax or the payment thereof, shall, in addition to any other penalties imposed by law, be guilty of a Class 1 misdemeanor. (c) The term "corporate= or partnership or limited liability company officer" as used in this section means an officer or employee at of a corporation, or a member or employee of a partnership or a member, manaqer or employee of a limited liability company who, as such officer, employee, under a duty to perform on behalf or member or manager, is of the corporation~ or partnership or limited liability company the act in respect of which the violation occurs and who (i) had actual knowledge of the 7 207 208 209 210 211 212 failure or attempt as set forth herein, and (ii) had authority to prevent such failure or attempt. BE IT FURTHER ORDAINED: That this ordinance shall be effective as of July 1, 2000. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11th day of July, 2000. 213 214 215 216 217 218 CA7717 F:~Data~ATY~Ordin~PROPOSED~35-136etalord.wpd July 5, 2000 R7 8 Item V-Cl. 2. ORD INANCE$/RE$ OL UTI O N$ - 35 - ITEM # 46915 Attorney Edward Bourdon, Pembroke One, Fifth Floor: Phone:499-8941 Upon motion by l~ce Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED, AS AMENDED*: Ordinance re the Comprehensive Plan to incorporate the Princess Anne Corridor study.: Lines 176 - 179: The type and design of the stormwater drainage system for this parkway shouM not be determined at this time, but shouM be decided followin.g appropriate stormwater analysis performed during the design phase of the facility. Voting: 10-1 (By Consent) Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, William 1~. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Robert C. Mandigo, dr., Mayor Meyers E. Oberndorf Nancy K. Parker, l~ce Mayor William D. Sessoms, dr. and Rosemary Wilson Council Members Voting Nay: Reba $. McClanan Council Members Absent: None Councilman Jones DISCLOSED he owns property on Princess Anne Road along this Corridor; however, the City Attorney has advised him he is able to participate in the transaction fairly, objectively and in the public interest July Z Z, 2000 10 AN ORDINANCE TO AMEND THE COMPREHENSIVE PLAN BY THE INCORPORATION OF THE PRINCESS ANNE CORRIDOR STUDY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Comprehensive Plan (the "Plan") of the City of Virginia Beach be, and hereby is, amended and reordained by the incorporation therein of that certain document entitled "Preferred Recommendations, Princess Anne Corridor Study, Virginia Beach, Virginia," dated April, 2000, (the "Study") into the Appendix to the 11 Plan; with the following modifications: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 1. Page 20, Section VI (Alternative Land Use Policies), Paragraph D, shall read as follows: This corridor plan provides a range of development options, incentives and performance criteria to help achieve these objectives. The amount of density recommended within each Sub Area range will be commensurate with the degree to which the development inteqrates the Goals and Objectives (page 5), Development Criteria (page 20) and Area-Specific Recommendations (pages 21-29) of this corridor plan. It may be useful to demonstrate examples of how appropriate density levels might be considered. We will use Sub Area 2 as a case site. It consists of 27 properties, comprises about 100 acres and is presently zoned AG-1 and AG-2. First Example - In the case of a hypothetical development proposal that consolidates 5 parcels on 30 acres with direct roadway access to Princess Anne Road, no more density above that allowed in the AG-1 and AG-2 districts should be granted because none of the goals and objectives of the corridor plan have been met. Second Example - A development proposal that consolidates 60 acres, protects the adjoininq neighborhood with landscaped buffers, and ties all internal roadway accesses to London Bridge Road Extended may warrant a "baseline" density of 2 dwelling units per acre with no conunercial element. Third Example - This example reflects an "incentive" level of development, one that may warrant 6 dwelling units per acre and 50,000 square feet of neighborhood serving commercial uses would incorporate a number of carefully planned and designed features. This kind of development would include 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 8O 81 82 83 84 85 86 87 complete or neari¥ col~lece parcel consolidation of Sub Area 2, would have no direct access to Princess Anne or Holland Roads and, instead, would complement the view along this roadway with well landscaped open spaces and water features. The internal roads would provide access for this new development and would link the adjoining neighborhood and church to London Bridge Road Extended. All internal roads would be very attractively designed. The development would integrate a regional stormwater management facility that doubles as a publicly accessible park. Other open space areas would be used to enhance vistas and improve land use compatibility. Adjoining neighborhoods would be protected through the use of natural looking berms and well landscaped open --spaces that integrate many of the mature trees in this area. A variety of dwelling unit types incorporating exceptional architectural features would be carefully designed around an attractive, pedestrian friendly, neiqkborhood commercial center. Exceptional ~aenities including a co~nunity center with artworks and community pool would be added to give the neigh_bors and civic groups a place to meet and relax. Finally, a system of multipurpose trails would link the new co~unity's activity center to the larger corridor trail system. As shown in these three examples, the recommended density is tied directly to the level of conformance to the goals, objectives and development criteria cited in this corridor plan. And, because isolated, piecemeal developments seriously compromise the planned vision for this corridor, such proposals would not be favorably considered for zoning changes above what currently exists. There may be occasions when the efforts of individual property owners to comply with the provisions of this plan are frustrated by physical constraints or factors beyond their control. Some weight should be given to this in determining allowable densiDy. In instances %~here the provision of street ties to adjoining properties are encouraged in order to merit higher density, such provision should not be uncompensated. Density credit should be given for such areas including the street tie. 2 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 regulatory .... -' ----~- -. 110 111 112 113 114 115 116 117 118 119 2. Page 21, Section VI (Land Use Recommendations) , Paragraph A, shall read as follows: General Criteria for Sub-Area Development: To advance the corridor objectives of creating well- planned developments, protecting existing neighborhood areas and preventing the addition of any unplanned accesses along the arterial parkways, the following land use planning strategy should be applied to the Sub Areas within the Princess Anne Corridor as described in this document. 120 121 122 123 124 125 126 127 128 129 It is the desire of the City that all proposed developments within this corridor adhere to the general Goals and Objectives cited on page five and the Development Criteria noted on page 20. In addition, Area-Specific Recommendations are presented on page 21. It is the policy of the city to strongly discourage development of individual parcels or isolated tracts of land within the Sub Areas of this corridor. Such methods of development result in an unplanned, inefficient, unattractive and fraqmented 130 131 132 133 134 135 136 pattern of growth and contribute to increased traffic congestion. Therefore, in those cases where applicants submit development proposals for such unwanted development, especially those that propose direct access to the arterial parkways, they will be judged against the criteria and objectives of this corridor plan and the comprehensive plan in general. 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 (Renumber subsequent paragraphs as needed.) 3. Page 22, illustration (Sub-Area 1), shall read as follows: Example of Undesirable Piecemeal Development 4. Page 25, illustration (Sub-Area 2), shall read as follows: Example of Undesirable Piecemeal Development 5. Page 32: Section VIII (Corridor Utilities), Paragraph A (Utilities), Item 1 (Electrical and Communication) shall read as follows: The preferred recommendation is that~%~-~electrical and communication utilities should be moved into underground duct banks located on both sides of the roadway i~mediately behind the roadway storm drain system, if economically feasible. Utilities should be placed in shared parallel duct banks. Placement of the duct banks in this location behind the storm drainage will provide safe access to the utilities for maintenance while minimizing traffic disruptions. These duct banks should be sized to accommodate future expansions and upgrades. If it is determined that placing these utilities underground is infeasible, then, where possible, attractive utility structures and landscape treatments should be used to soften the visual impact to the greatest practical extent. 164 165 6. Page 32: Section VIII (Corridor Utilities), Paragraph A (Utilities), Item 4 (Storm Drainage) shall read as follows: 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 The type and design of the stormwater drainage system for this parkway should not be determined at this time, but should be decided following appropriate stormwater analysis performed during the design phase of the facility. BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF 182 183 184 VIRGINIA BEACH, VIRGINIA: That the Study shall, as soon as reasonably practicable, be conformed to the modifications set forth hereinabove. 185 186 A true copy of the said Study is hereto attached and, as modified, is hereby incorporated into the Comprehensive Plan. 187 188 Adopted by the Council of the City of Virginia Beach, Virginia, on the 11tn day of July, 2000. 189 190 191 192 CA-00-7700 wmm~ordres~pacorrplan.ord R-5 July 13, 2000 - 36- Item V- J. 3. ORDINANCES/RESOL UTIONS ITEM # 46916 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED TO CITY COUNCIL MEETING OF AUGUST 22, 2000: Ordinance to establish transition rules for the development of retail establishments and shopping centers. Voting: 11-0 (By Consen0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None July l l, 2000 -37- Item V- J. 4. ORD INANCES/RES OL UTI O NS ITEM # 46917 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to A CCEPT and APPROPRIATE $69,149from the ~'rginia Department of Criminal Justice Services to the FY 2001 Operating Budget of the office of the Commonwealth's Attorney re enhanced services to crime victims and witnesses. 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None July l l, 2000 - 38- Item V- d. 5. ORDINANCES/RESOL UTIONS ITEM # 4918 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to APPROPRIATE $76, 719 additional revenue from the Virginia Office of Comprehensive Service to the Department of Community Services, and $46,330 in estimated revenue from charges for client services to the FY 2001 Mental Health operating budget re emotionally troubled youth. Voting: 11-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None July l l, 2000 1 2 3 7 8 9 10 11 12 13 14 15 16 17 19 21 22 23 24 25 26 27 28 29 3O 31 2 33 34 35 36 37 38 39 4O 41 42 44 45 AN ORDINANCE TO APPROPRIATE $76,719 IN ADDITIONAL REVENUE FROM THE STATE OFFICE OF COMPREHENSIVE SERVICES TO THE FY 2001 OPERATING BUDGET OF THE COMPREHENSIVE SERVICES ACT AND TO APPROPRIATE $46,330 IN ESTIMATED REVENUES FROM CHARGES FOR SERVICES TO THE FY 2001 MENTAL HEALTH BUDGET FOR THE PURPOSE OF ENSURING SERVICE DELIVERY TO EMOTIONALLY TROUBLED YOUTH WHEREAS, the Comprehensive Services Act provides an array of services to emotionally troubled youth, one such service being therapeutic interventions to children in the public schools; WHEREAS, staff have determined that converting part-time positions to full-time and adding one additional position will permit access to a pool of funds from the Commonwealth that will leverage City monies more favorably; WHEREAS, $115,597 in funding is available from the Commonwealth, part of which can be used to reduce the net local Comprehensive Services Act contribution by $38,878, resulting in a net increase of $76,719 in additional revenue; and WHEREAS, the Department of Mental Health, Mental Retardation and Substance Abuse Services also anticipates an additional $46,330 in estimated revenue from charges for services. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That, of additional revenue in the amount of $115,597 from the Virginia Office of Comprehensive Services, $76,719 is hereby appropriated to the FY 2001 Operating Budget of the Comprehensive Services Act to change the level of service delivery of mental health services in the public schools, and $38,878 is hereby used to reduce previously-appropriated local contributions to the FY 2001 Operating Budget of the Comprehensive Services Act; 2. That estimated revenue in the amount of $46,330 from charges for services is hereby appropriated to the FY 2001 Operating Budget of the Department of Mental Health, Mental Retardation and Substance Abuse Services to convert 3.72 part-time positions to 4.0 full-time positions and add one (1) position to change the level of service delivery of mental health services in the public schools; and 46 47 49 50 51 52 53 54 55 56 57 q8 ) 61 62 65 66 67 3. That the local contribution from the General Fund to the Comprehensive Services Act Fund in the FY 2001 Operating Budget is hereby reduced by $38,878, and funds in this amount are hereby transferred to the General Fund Reserve for Contingencies - Juvenile Detention/CSA. Adopted the 11 day of Jul~ 2000, by the Council of the City of Virginia Beach, Virginia. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Management Servic~ ~ ~/ ~Dep~tment of La CA7780 F:~Data\ATY\Ordin\NONCODE~CSAMH.ord2 .wpd July 6, 2000 R6 Comprehensive Services Act Fund Appropriation Adjustments Additional Program Appropriations Net Change to Appropriations Estimated Revenue Adjustments Additional State Revenues Reduction in Local Contribution Net Change to Estimated Revenues + $ 76,719 + $ 76,719 + $ 115,597 - $ 38,878 + $ 76,719 Mental Health Fund Appropriation Adjustments Additional Program Appropriations Net Change to Appropriations + $ 46,330 + $ 46,330 Estimated Revenue Adjustments Additional Revenues from Charges for Service Net Change to Estimated Revenues + $ 46,330 + $ 46,330 General Fund Appropriation Adjustments Reduction to Local Contribution to Comprehensive Services Act Increase to Reserve for Contingency - Juvenile Detention Net Change to Appropriations - $ 38,878 + $ 38,878 $ 0 Estimated Revenue Adjustments No Change to General Fund Revenues $ 0 - 39- Item V- J. 6. ORDINANCES/RESOL UTIONS ITEM # 46919 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to APPROPRIATE $2,200, O00 from the General Fund to Capital Project (44-004, Open Space site acquisition, to purchase a parcel of land adjoining Little Neck area. Voting: 11-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None July l l, 2000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 AN ORDINANCE TO APPROPRIATE $2,200,000 FROM FUND BALANCE IN THE GENERAL FUND TO CAPITAL PROJECT #4-004, OPEN SPACE PROGRAM SITE ACQUISITION, TO PURCHASE LAND IN THE LITTLE NECK AREA WHEREAS, the City Council established Capital Project #4-004, Open Space Program Site Acquisition, to invest in neighborhood open spaces, reinforce pride in neighborhoods, and protect the City's tax base; and WHEREAS, the City Council believes that acquisition of property adjoining Little Neck Road, upon which it has been proposed that forty-three dwellings be constructed, will further the goals of open space acquisition initiatives and eliminate potential development that could negatively impact the City's infrastructure. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $2,200,000 is hereby appropriated from fund balance in the General Fund to Capital Project #4-004, Open Space Program Site Acquisition, for the purpose of furthering the City's open space initiatives by providing funding for the purchase of a parcel of land adjoining Little Neck Road upon which residential development has been proposed. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 day of ,~u,l¥ 2000. CA-7781 ORDIN~NONCODE\LITTLE NECK RD.ORD R3 JULY 3, 2000 APPROVED AS TO CONTENT: Manager~-ent Services~/ / APPROVED AS TO LEGAL SUFFICIENCY: City Attorney - 40 - Item V- J. 7. ORDINANCES/RESOL UTIONS ITEM tt 46920 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to A CCEPT andAPPROPRIA TEa $100, 000 Grant from the U. S. Department of Justice to the FY2000 - O1 Operating Budget of the Fire Department re acquisition of equipment to protect against terrorism. ! 1-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William I'E. Harrison, dr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, l, gce Mayor William D. Sessoms, ~lr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None ~luly l l, 2000 1 2 3 4 5 6 7 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $100,000 GRANT FROM THE U.S. DEPARTMENT OF JUSTICE TO THE FY 2000-01 OPERATING BUDGET OF FIRE DEPARTMENT FOR ACQUISITION OF EQUIPMENT TO PROTECT AGAINST TERRORISM WHEREAS, the U.S. Department of Justice's Office of Justice Programs has awarded the Virginia Beach Fire Department a grant to purchase equipment that will enhance its capability to respond to acts of terrorism; and WHEREAS, no local match is required, and related costs can be absorbed within existing departmental appropriations. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That a $100,000 grant is hereby accepted from the U.S. Department of Justice's Office of Justice Programs and appropriated to the FY 2001 Operating Budget of the Fire Department to purchase equipment that will enhance its capacity to respond to acts of terrorism. 2. That estimated revenue from the federal government is hereby increased by $100,000. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 day of July , 2000. CA7776 F:~Data[ATY~Ordin~NONCODE~specialized equip.ord.wpd June 28, 2000 R-2 APPROVED AS TO CONTENT APPROVED AS TO LEGAL ,~f~ S UF F I C I ENCY Management Service~-~ City Attorney' s'~'' t.~fi~-'ce U.S. Department of Justice Office of Justice Programs office of the Assistant Attorney General Meyera E. Oberndorf Mayor Municipal Center Virginia Beach, VA 23465-9002 Dear Mayor Obemdorf: Washington, D. C. 20531 I am pleased to inform you that your jurisdiction is eligible to receive funding from the Office of Justice Programs under the Fiscal Year 1999 County and Municipal Agency Domestic Preparedness Equipment Support Program. Grant funds may be used to purchase first responder equipment that will assist your jurisdiction with meeting its basic defensive capabilities to respond to terrorist incidents and weapons of mass destruction involving the use of chemical and biological weapons, as well as radiological explosives and incendiary devices. To assist with equipment purchase selections, an authorized equipment purchase list is included with the enclosed grant application kit and program guidelines. Grant funds may be used to procure equipment to enhance your jurisdiction's domestic preparedness efforts in the following four public safety disciplines: fire services, emergency medical services, hazardous materials response, and law enforcement. Please ensure that, at a minimum, designated officials from these public safety disciplines provide the necessary input to accurately assess your jurisdiction's equipment needs and formulate the grant application submission. The grant application should also recognize the importance of mutual aid agreements within your jurisdiction, as well as with adjoining jurisdictions to identify equipment purchases in support of these agreements. Please return the enclosed form, identifying the designated agency, agency head, and/or point of contact to administer the funds, via fax at (202) 616-2922 or U.S. mail to the Office for State and Local Domestic Preparedness Support at 810 Seventh Street, NW, Washington, D.C. 20531. Please note that the deadline for the submission of applications is September 10, 1999. U.S. Department of Justice Office of Justice Programs Office for Civil Rights James K. Spore City Manager Virginia Beach, City of 2408 Courthouse Drive Building//2 l Virginia Beach, VA 23456-9065 Washington, D.C 20531 March 16, 2000 Re: Virginia Beach, City of Application # 2000-V028-VA-TE (bb/) Dear Mr. Spore: Congratulations on your recent award. Because you have submitted Certified Assurances that your agency is in compliance with applicable civil rights laws, this office has determined that you have met this requirement in the Department of Justice regulations governing recipients of Federal financial assistance (see 28 C.F.R. § 42.204, Applicants' Obligations). As Director of the Office for Civil Rights (OCR), ()ffice of Justice Programs, I would like to offer you my assistance in completing the conditions of these Assurances, specifically Nos. 13, 14, and 15, as the grant goes forward. As you know, equal opportunity for the participation of women and minority individuals in employment and services provided under programs and activities receiving Federal financial assistance is required by law. Therefore, if there has been a federal or state court or administrative agency finding of discrimination against your agency, please forward a copy of such order or consent decree, as required by Assurance No. 14, to OCR at the U.S. Department of Justice, Office of Justice Programs, Office for Civil Rights, 810 Seventh Street, N.W., Room 5107, Washington, D.C. 20531. Additional Instructions For Grantees Receiving $500,000 Or More: In accordance with Assurance No. 15, each grantee that receives $500,000 or more (or $1,000,000 in an 18- month period), and has 50 or more employees, must submit an Equal Employment Opportunity Plan (EEOP)within 60 days from the date of this letter to OCR at the above address.~ Alternatively, the grantee may choose to complete an EEOP Short Form, in lieu of sending its own comprehensive EEOP, and return it to OCR within 60 days of the date of this letter. This easy-to- follow EEOP Short Form reduces paperwork and preparation time considerably and will ensure a quicker OCR review and approval. The enclosed Seven-Step Guide to the Design and Development of an EEOP (which includes an EEOP Short Form) will assist you in completing this requirement. o Please be reminded that the above requirements apply to primary grantees and to each of their subgrantees or contractors that meet the criteria outlined in this letter. Therefore, all primary grantees should apprise subgrantees of these responsiblities and those meeting the criteria should send their EEOPs or EEOP Short Forms directly to the Office for Civil Rights within 60 days of the date of their award. tlf you have already submitted an EEOP as part of another award from the Office of Justice Programs (OJP) or the Office of Conununity Oriented Policing Services (COPS) within this grant period, or if you have certified that no EEOP is required, it is not necessary for you to suNnit another at this time. Sinlply send a copy of the letter you received from OCR showing that your EEOP or certification is acceptable. NO'I'I':: If agency has under 50 employees, ~cgardl,:.'~s ,,l ~un,JtJ~t ,d award, n,, I:l~()l' grantee must return applicable portion of Certification Form to OCR within 60 days· PURSUANT TO THE SPECIAL CONDITION REGARDING EEOPs GOVERNING TItIS AWARD, RECIPIENT ACKNOWLEDGF-~q THAT FAILURE TO SUBMIT AN ACCEPTABLE EEOP IS A VIOLATION OF: ITS CERTIFqED ASSURANCES AND MAY RESULT IN SUSPENSION OF DRAWDOWN OF FUNDS UNTIL EEOP HAS BEEN APPROVED BY THE OFFICE FOR CIVIL RIGHTS. _Additional Instructions For Grantees Receiving $25,000 Or More~__BBut Under_$500,000~--i 4. Pursuant to Department of Justice regulations, each grantee that receives $25.000 or more and has 50 or more employees is required to maintain an Equal Employment Opportunity Plan (EEOP) on file for review by OCR upon request. (However. if the grantee is awarded $1,000,000 in an eighteen (18) month period, it must submit an acceptable EEOP to OCR.) Please complete the applicable section of the attached Certification Form and return it to OCR within 60 days of the date of this letter· NOTE: If agency has under 50 employees, regardless of amount of award, no EEOP is required; however, grantee must return applicable portion of Certification Form to OCR within 60 days. Additional Instructions For Grant'is Receivins, Under $25,000:.. 5. A recipient of under $25,000 is not required to maintain or submit an Equal Employmem Opportunity Plan (EEOP) in accordance with Assurance No. 15. No Certification is required. _Instructions for All Grantees: 6. In addition, ali recipients, regardless of their type~ the monetary amount awarded, or the number of employees in their workforee, are subject to the prohibitions again:t discrimination in any funded program or activity. Therefore, OCR investigates complaints by individuals or groups aI~egSng discrimination by a recipient of OJP funding; and may require all recipients, through selected compliance reviews, to submit data to ensure their services are delivered in an equitable manner to all segments of the service population and' their employment pracrice-s: are in compliance with equal employment opportunity requirement. If you have any questions, please call OCR at (202) 30743690. Additional information and teclmical assistance on the civil rights obligations of grantees can be found at: http:llwww.ojp.usdoj.govlocrl. Finant/ial' A:naly~t ' Sincerely, ' Inez'Alf0nzo:Holl/x ~ The employment prictices o'f certain Indian Tribes are not covered by Title VII of thc Civil Righ~ Act of 1964, 42 U.S.C. §2000e. - 41 - Item V- J. 8. ORDINANCES/RESOL UTIONS ITEM # 46921 d. B. Datson, Military Affairs Co-Ordinator and Robert Matthias, Assistant to the City Manager, advised the F-14 aircraft have been in the Navy's inventory for over 25 years and will be totally removed from the inventory by the year 2008. The Navy has developed the new Super Hornet F/A-18E and F aircrafi to replace the F-14s. The Navy will be conducting a series of pubHc information meetings and will evaluate, through an Environmental Impact Statement, the placement of these aircraft at Oceans, Meridian, Mississippi, Beaufort, South Carolina, or Cherry Point, North Carolina. Oceans is currently the largest employer in Virginia Beach and has an annual impact of about $1.2-BILLION (approximately $ 700-MILLION in salaries and $5OO-MILLION in goods and services purchased). With the departure of the F-14s, if all F/A-18 aircraft on the East Coast are based at OCEANA Naval Air Station, approximately 300 planes could be stationed there. This would mean a reduction in Field Carrier Landing Practice activity by 1/3. Mr. Matthias referenced an Amendment to the Resolution, the additional paragraph: "That City Council is desirous of making sure that the opinions of every affected citizen group in the City be taken into consideration before Council takes action on the draft Environmental Impact Statement (EIS). Council will therefore establish an II-member Super Hornet Commission that will have representatives from the business community, citizen action groups, the miliary(if applicable), civic leagues, and other organizations as determined by City Council to make a recommendation on what should be the official position of the City when the draft Environmental Impact Statement is published late next year. City Council agrees to take a formal vote on the recommendations of the Commission." One of the main issues that has arisen is the need to have the Navy fully investigate Naval Auxiliary Landing Field which would reduce the amount of time Fentress and Oceana are used for FCLP s. FCLPs must take place prior to deployments and during pilot qualifications. Most of the operations must be conducted at night with pilots often times flying until 3:00 a.m. which results in noise impacts on the area around Oceana and Fentress. A new auxiliary landing field located outside the metropolitan area would greatly reduce noise impacts. The Navy will be holding public meetings to discuss the "scoping" of the Environmental Impact Statement relative the citizens' comments on July 25 (Strawbridge Elementary - Virginia Beach) and July 26, 2000 (Butts Landing Intermediate School - Chesapeake)from 4:00P. M to 9:00 P.M. The following registered in SUPPORT: Robert Taylor, Chairman - Virginia Beach Division of the Hampton Roads Chamber of Commerce/Chairman of the OCEANA Task Force, 601 Nevin Road, Phone: 491-9000 Admiral Fred Metz (Retired), 805 Circuit Court, Phone: 481-3248 Federal Judge David Adams, Hampton Roads Council of the Navy League, 770 Lynnhaven Parkway, Suite 115, Phone: 486-7654 Ronald D. Morrison, 4845 Berrywood Road, Phone: 618-6337 The following registered in OPPOSITION: l~ctoria Tunis, 1433 Gannet Run, Phone: 422-0240 Frederick Simm, 708 23ra Street, Phone: 491-1247 Evelyn Simm, 708 23ra Street, Phone: 491-1247 Hal Levenson, 2004 Brickell Court, Phone: 496-3 701, CCAdN Board Member Karen Phillips, 1208 Banister Court, Phone: 496-2853 Attorney Stuart Gordon, 700 Oriole Drive, Phone: 428-0055 Mark Johnson, 3200 Sugar Creek Drive, Phone; 468-5580 Gordon Wall, 523 General Booth Boulevard, Phone: 425-2431 Carol Delfaus, 2600 E. Kings Road, Phone: 463-9697 John Shick, 912 Duke of Suffolk Drive, Phone: 496-4147, Chairman of Citizens Concerned About Jet Noise (CCA3N). Nancy Riedemann, 1341 Carolyn Drive, Phone: 491-2205 (Aviator's Wife) Janet Ogren, 1113 Tanoger Trail, Phone: 428-0957 Steve Morrow, 1945 Winterhaven Drive, Phone: 430-4322 Dr. David Ranzett, 413 Bridgeview Court #201, Phone: 306-9515 Mona Saferstein, 748 Virginia Dare Drive, Phone: 422-0401, represented CCAJN Michael Hull, 2420 Seaview Avenue Elaine Levinson, read into the record statement of David A. Lyon, Vice President - LHI Incorporated, Urban Planning Consultants, 1212 Cedar Point Drive, Suite 200 Phone: 491-1112 July11, 2000 Item V- J. 8. ORDINANCES/RESOL UTIONS - 42 - ITEM # 46921 (Continued) William A. Stokes, 1400 Linlier Drive, Phone: 425-1852, Veteran Larry McGovern, Worm Water II veteran. Kim Johnson, Board Member of CCAJN Attorney Edward Bourdon, represented the Taylor Group and his family, the Brown Family, referenced problems with the current leadership at OCEANA Attorney Allan Johnson (retired), 1148 Crystal Lake Drive, Nancy C. Johnson, 1148 Crystal Lake Drive Katherine Williams, South Bay Shore Drive Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED, AS AMENDED: Resolution requesting the United States Navy consider OCEANA NAVAL AIR STATION, an East Coast location, as the preJkrred alterative for placement of all F/A - 18 E and F Super Hornet aircraft; and, construct the outlying fieM to Fentress Naval Auxiliary Landing Field. A City Council Workshop shall be scheduled for August 15, 2000, to discuss and assure recordation for consideration in the Environmental Impact Statement. The deadline for "scoping comments" is September 8, 2000. Voting: 9-1 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: Reba S. McClanan Council Members Abstaining: Nancy K. Parker Council Members Absent: None Council Lady Parker ABSTAINED as she did not wish to send the wrong message. Council Lady Parker did not believe she had sufficient information to respond to the concerned citizens. July 2000 Requested by Mayor Meyera E. Oberndorf 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 RESOLUTION SUPPORTING THE LOCATION OF THE EAST COAST F/A-18 E AND F MODEL AIRCRAFT AT OCEANA NAVAL AIR STATION WHEREAS, Oceana Naval Air Station is the base for the Navy's East Coast F/A-18 C and D model aircraft and all of the Navy's F-14 aircraft; WHEREAS, the F-14 aircraft will be retired from the Navy's inventory over the coming years and will be replaced by the F/A-18 E and F model aircraft; WHEREAS, the Navy is in the process of conducting a number of public meetings as part of the scoping process for preparation of an Environmental Impact Statement (EIS) on the East Coast location of the F/A-18 E and F model aircraft; and WHEREAS, the City of Virginia Beach has consistently supported maintaining Oceana Naval Air Station as the master jet base on the East Coast as evidenced by its support for the relocation of the F/A-18 C and D models to Oceana in the interest of our national defense, and in the interest of naval personnel and their families who benefit from the availability of numerous spousal employment opportunities, excellent housing, quality education, and the general quality of life in Virginia Beach. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby encourages the Navy, through the scoping process of the Environmental Impact Statement, to consider Oceana Naval Air Station as the preferred alternative for placement of all the east coast F/A-18 E and F model aircraft; and BE IT FURTHER RESOLVED: That City Council hereby requests the Navy to actively investigate the construction of an alternative outlying field to Fentress Naval Auxiliary Landing Field in the City of Chesapeake as 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 part of the Environmental Impact Statement process or through independent study. AND BE IT FINALLY RESOLVED: That City Council is desirous of making sure that the opinions of every affected citizen group in the City be taken into consideration before Council takes action on the draft Environmental Impact Statement (EIS) . Council will therefore establish an 11 member Super Hornet Commission that will have representatives from the business Community, citizen action groups, the military (if applicable), civic leagues, and other organizations as determined by City Council to make a recommendation on what should be the official position of the City when the draft Environmental Impact Statement is published late next year. City Council agrees to take a formal vote on the recommendations of the commission. Adopted by the City Council of the City of Virginia Beach, Virginia on the 11 day of July , 2000. CA-7795 ODIN/NONCODE/F18Resolution.wpd R-4 July 11, 2000 2 OFFICE OF THE CITY MANAGER (757) 427-4242 FAX (757) 427-4135 TDD (757) 427-4305 MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VA 23456-9001 TO: FROM: DATE: Department Directors James K. Spore, City Manag~_~ July 13, 2000 SUBJECT: Navy Public Information Meeting The Navy has scheduled two public information meetings which serves as a "scoping process" for the Environmental Impact Statement (ELS) that will be done on the location of the F/A-18 E and F model aircraft. These are not public hearings but will consist of a series of stations where information can be obtained and/or comments provided. The F/A-18 E and F model Super Hornet is the successor to the F-l'4s and the older F/A-18 stationed at ©ceana. It is very important to the long-term viability of Oceana that the majority of the Super Hornets be home-based at Oceana. I request that you attend one or both of the public information meetings to show your support for the movement of the Super Hornets to Oceana. The meetings have been scheduled as follows: July 25, 2000 (4:00 - 9:00 p.m.) Strawbridge Elementary School July 26, 2000 (4:00 - 9:00 p.m.) Butts Station Intermediate School (Chesapeake) Attached are some of the salient points of why ©ceana is the best site for the future of naval aviation, the Super Hornet. Again, I encourage you and members of your staff to attend these meetings. JKS/at Attachments C: C. Oral Lambert, Jr., Chief Operating Officer Susan D. Walston, Chief of Staff Steven T. Thompson, Chief Financial Officer David Sullivan, Chief Information Officer Robert R. Matthias, Assistant to the City Manager Proud Recipient of the 1095 U.S. Senate Medallion of Excellence for Productivity and (~)uality in the Public Sector. OFFICE OF THE CITY MANAGER (757) 427-4242 FAX (757) 427-4135 TDD (757) 427-4305 ity of' Vir'ginia MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9001 July' 11, 2000 The Honorable Mayor and Members of Council Municipal Center, Building 1 Virginia Beach, VA 23456 Dear Council Members: In an effort to better inform you about the projected base loading at Oceana Naval Air Station, we .requested the Navy to provide us with information about their best estimhte of what the number of aircraft based at Oceana would be over the next ten years. The following is based upon their response. Oceana currently has approximately 307 aircraft including the F/A-18 C and D model, the F-14 squadrons, and approximately 10 aggressor squadron aircraft. Approximately one half of the F-14 squadrons stationed at Oc,,eana will be transitioned to Super Hornet squadrons on th~ west coast where they will remain. The remaining F-14 squadrons will transition to the Super Hornet and will be stationed at an east coast base yet to be determined. By late 2001, three F-14 squadrons, including 36 aircraft, xvill be transitioning to Super Hornets that will fly exclusively from the xvest coast. If none of the Super Hornets are home based at Oceana by 2008, there could only be 142 aircraft stationed here (approximately 130 F/A- 18 C and D models and the aggressor planes). If all of the Super Hornets are stationed at Oceana by 2010, there will be less than 300 aircraft here and this number will continue to decline as the older F/A-18 C and D aircraft are retired from the inventory. Proud Recipient of the 1998 U.S. Senate Medallion of Excellence for Productivity and ~Ouality in the Public Sector Members of Council July 11, 2000 Page 2 A time line representation of the previous intbrmation is as t'bllo,,vs: NumberofAircraR ifno Super Year NumberofAircraR Hornets are based at Oceana 2000 307 307 2001 307 2002 278 2003 283 2004 289 172 2005 275 2006 268 2007 268 2008 285 142 2009 290 2010 290 A very important fact to be aware of is, if none of the Super Hornets are stationed at Oceana, by the year 2012 there will be very few planes based at Oceana. This woul'd mean that when the final decision for the Environmental Impact Statement (EIS) is made in early 2002, ~ve could be faced with the thct that Oceana would have a gradual but increasingly negative impact on the City's economy. For instance, all of the perceived negatives such as AICUZ issues, jet noise, etc., would be in place and there would be 'a greatly decreased amount of economic benefit. Further, beyond 2010, if no Super Hornets ~{re based at Oceana, it is highly possible that Oceana would dwindle and lose "critical"mass and be subject to closure. Finally, the Navy's next generation aircraft is now predicted to be the Joint Strike Fighter (JSF). Limited numbers of these aircraft may be purchased because of the cost. It is also possible that since these are joint acquisition aircraft, they could be stationed at a joint Navy/Air Force base. The JSF is not likely to become a reality until post 2010. It is also possible that the JSF may be skipped completely and a new generation of aircraft may become the future of naval aviation. Attached is information on the F/A-18 aircraft. I hope this information further defines the importance of having the Super Hornet aircraft so that the beneficial economic impact can be guaranteed into the second decade of the century. JKS/at Sincerely, ., ames K. Spore ity Manager c: Bob Matthias mililary ~iroJane~ F/A-18E/F Super Hornet I More Information The F/A-18E/F Super Hornet, the nation's newest strike fighter, entered service with U.S. Navy squadron VFA-122 in November 1999. Seven production model Super Hornets landed at Naval Air Station Lemoore, Calif. on Nov. 17. VFA-122 is a fleet readiness squadron responsible for aircrew and maintenance training in the Super Hornet. The seven Super Hornets ferried to NAS Lemoore from Naval Air Warfare Center - Weapons Division China Lake, Calif. where Air Test and Evaluation squadron Nine had recently completed operational evaluation (OPEVAL) of the aircraft. A final report on the Super Hornet's performance during OPEVAL is expected early this year. The final report is similar to a report card and the best possible grade the Super Hornet can receive is operationally effective and operationally suitable. The Super Hornet successfully completed its second round of sea trials thre~' days ahead of schedule in March 1999. F1 and F2 trapped aboard the USS Harry S. Truman March 3 and catapulted off on March 14. The engineering and manufacturing development flight-test program for the Super Hornet was also completed in May 1999 at Naval Air Station Patuxent River, MD. Flight-testing was completed on the original schedule and within the original budget established for the program in 1992. Seven flight-test aircraft completed more than 15,000 test points, a total of 3,172 flights and 4,673 flight hours in less than three and a half years of flight testing. The EMD flight-test program was conducted by an integrated test team (I?J-T) that consisted of government and industry members who shared all of the program's data and assets. The F/A-18E/F program is one of the first programs in which the new testing model has been completely-and successfully-implemented. The Navy has ordered 62 Super Hornets and plans to buy a minimum of 548 of the aircraft through 2010. All 12 of the LRIP 1 aircraft were delivered on or ahead of their contractual delivery date. The first class will graduate from VFA-122 in the early par of 2001. The first Super Hornet fleet deployment is scheduled for the spring of 2002. Congress approved a multi-year procurement of 222 Super Hornets over the next five years-fiscal years 2000 through 2004. The multi-year contract will save U.S. taxpayers about $700 million. The Super Hornet is the newest version of the combat-proven F/A-18 Hornet. The aircraft is 25 percent larger than its predecessor but has 42 percent fewer parts. Both the single-seat E and two- seat F models offer increased range, greater endurance, more payload-carrying ability, more powerful engines, increased carrier bringback capability, enhanced survivability and a renewed potential for future growth. http://www.boeing.com/defense-space/military/fa18ef/fa18ef, htm 07/07/2000 Structural changes to the airframe increase internal fuel capacity by 3,600 pounds, or about 33 percent. This extends the Hornet's mission radius by up to 40 percent. The fuselage is slightly longer - the result of a 34-inch extension - and the wing is 25 percent larger with 100 additional square feet of surface area. There are two additional weapons stations, bringing the total to 11. This allows for increased payload flexibility by mixing and matching air-to-air and/or air-to-ground ordnance. The aircraft also carries the complete complement of "smart" weapons including JDAM and JSOW. For aircraft carrier operations, about three times more payload can be brought back to the ship. Increased engine power comes from the F414-GE-400, an advanced derivative of the Hornet's current F404 engine family. The F414 produces 35 percent more thrust and improves overall mission performance. The F414's nine-to-one thrust-to-weight ratio is one of the highest of any modern fighter engine. Enlarged air inlets provide increased airflow to the engines. The Super Hornet is an adverse-weather, day and night, multi-mission strike fighter whose survivability improvements over its predecessors make it harder to find, and if found, harder to hit, and if hit, harder to disable. The Boeing Company leads a nationwide industry team that builds the Super Hornet. Boeing builds the forward fuselage and wings, and conducts final assembly. Northr0p_Grumman Corp. is the principal airframe subcontractor, supplying the center and aft fuselage. General Electric Co. produces the F414 engines, and ~heon provides the APG-73 radar. Januaw 2000 Events I Milestones J News Releases I Photos_ I Upg~ades Video Boeing Home I Military Airplanes ' Copydgh[ ® 2000 The Boeing Company - All dghts reserved http://www.boeing.com/defense-space/military/fa18ef/fa18ef, htm 07/07/2000 mililary airplanes F/A-18 Hornet More Information The F/A-18 Hornet has once again demonstrated its versatility during the recent war in Kosovo. Two Marine Corps F/A-lSD model Hornets-the two seat version-equipped with the Advanced Tactical Airborne Reconnaissance System (ATARS) entered combat operations May 26, 1999 filling a void in airborne manned tactical reconnaissance in the Marine Corps since the RF-4 Phantom retired from service. The Marine Corps began taking delivery of Hornets with provisions for a reconnaissance package in February 1992. Plans call for a total purchase of 31 tactical reconnaissance conversion kits, 24 data link pods and seven squadron ground stations. Deliveries will continue through 2002. The combat-proven F/A-18 Hornet is a single- and dual-seat, twin-engine multimission tactical aircraft. It is the first tactical aircraft designed from its inception to carry out both air-to-air and air-to- ground missions. ,. Today, the F/A-18 is in service with the U.S. Navy, U.S. Madne Corps and the air forces of Canada, Australia, Spain, Kuwait, Finland, Switzerland, and Malaysia. As of May 1999 Hornet pilots have accumulated more than 3.7 million flight hours and, in the process, are establishing new records daily in safety, reliability, maintainability and mission performance. A key aspect of the Hornet's popularity with pilots is the ease with which the aircraft can be converted from fighter to strike mode and back again; it's as easy as flipping a switch. During Operation Desert Storm, F/A-18s routinely performed fighter and strike missions on the same sortie. Fulfilling a variety of roles-air superiority, fighter escort, suppression of enemy air defenses, reconnaissance, forward air control, close air support, and day and night Atrike missions-the F/A-18 has proven to be the most versatile cc;mbat aircraft in service. The Hornet was designed to be reliable and easily maintainable. These factors result in significantly lower operating and maintenance costs for the F/A-18 compared to other U.S. Navy fighter and attack aircraft; and life cycle costs comparable to other modern multi-role aircraft. Survivability is another key feature of the Hornet. The F/A-18 uses a variety of systems and technologies to increase its likelihood of reaching a target undetected, of escaping unhurt if detected, and of returning its crew safely if it is hit. These systems and technologies have been significantly enhanced in the .F-_/__A-~I_8_EJ_E_S~pe~r_H__pm_e_t to further improve survivability. The F/A-18 has been upgraded regularly since entering service in 1983. In November 1989, the first F/A-18s equipped with night strike capability were delivered. Since 1991, F/A-18s have been delivered with F404-GE-402 enhanced performance engines that produce up to 20 percent more thrust than previous F404 engines. The Hornet's two engines deliver about 36,000 pounds combined thrust and a top speed of more than Mach 1.8. Since May 1994, the Hornet has been equipped with upgraded radar - the APG-73 -, which http://www.boeing.com/defense-space/military/falS/fa18.htm O7/07/20O0 substantially increases the speed and memory capacity of the radar's processors. In addition, today's Hornets have a laser target designatoflranger, housed within the targeting forward-looking infrared sensor that enables the aircraft to deliver precision laser-guided bombs with pinpoint accuracy. The Hornet's exceptional operational record and its continuous improvements have sparked ongoing international interest. The Philippines, Chile, the Czech Republic, Hungary and Poland have all expressed interest in the Hornet for future procurements. Canada was the first international customer for the F/A-18, and its fleet of 138 Hornets is the largest outside the United States. Deliveries to Canada were completed in 1988. Canadian CF~18s operate out of Canadian Forces Base Cold Lake, Alberta; and Canadian Forces Base Bagotville. The Canadian Forces are currently planning an aircraft modernization program, which would significantly upgrade the avionics of their CF-18s. The Operational Conversion Unit at Royal Australian Air Force Base Williamtown received its first Hornets in May 1985. Hornets delivered to the RAAF were assembled in Australia. Aircraft are located at Williamtown, in the east, and RAAF Base Tindal, in the north. Deliveries were completed in May 1990. Currently, the fleet is undergoing a two phase upgrade to include advanced avionics, new countermeasures, a new radar and an advanced air to air weapons system. The Spanish Air Force procured 72 EF-18s from 1986 to 1990. The SAF operates Hornets from air bases at Zaragoza, Torrejon and Meron. In September 1995, the SAF signed a letter of offer and acceptance to procure an additional 24 F/A-18As from the U.S. Navy inventory. To date, 13 of these aircraft have been delivered to the SAF. Kuwait signed a letter of offer and acceptance for 40 F/A-18 aircraft in August 1988. Delivery of the 40 aircraft was completed in August 1993. The aircraft are based at Al Jabar Air Base, near Kuwait City. Kuwait received the first F/A-18s powered with General Electric's new?404-GE-402 enhanced performance engines. Currently, Kuwait is in a post-production support mode. The United States continues to support the Kuwait Air Force with program management, contract administration, logistics, field team visits and sustained engineering. Finland signed a letter of offer and acceptance for 64 aircraft in June 1992. The Boeing Company delivered seven F-18D two-seat aircraft to the Finnish Air Force in 1995. The first of 57 single-seat aircraft, all C models, were delivered in June 1996 by Boeing's subcontractor Finavitec in Halli, Finland. Finavitec is scheduled to deliver the final F-18 in 2000. '.,~ Switzerland is procuring two complete' F/A-18s, 32 F/A-18 kits, support equipment and services. An F/A~18D and F/A-18C were delivered to Switzerland in December 1996 and early 1997 respectively. Kits for the remaining 32 aircraft were delivered in 1997. They are currently undergoing final assembly and ramp operations at the Swiss Aircraft and Systems Co. in Emmen, near Lucerne, Switzerland. Malaysia signed a letter of offer and acceptance for eight F/A-18 aircraft and support in December 1993. All eight aircraft were delivered during 1997. The Boeing Company leads a nationwide industry team that builds the F/A-18 Hornet. Boeing builds the forward fuselage and wings, and conducts final assembly. Northrop Grumman Corp. is the principal airframe subcontractor, supplying the center and aft fuselage. General Electric Co. produces the Hornet's engines, and Raytheon manufacturers the aircraft's radar. 1999 International Conference 120th Anniversary I Blue Angels I Fun Facts I JHMCS News Releases I Photos_ I Specifications I Video Boeing Hom_e I Military Airplanes Copyright ® 2000 The Boeing Company- All dghts reserved http://www.boeing.com/defense-space/military/fa 18/fa18.htm 07/07/2000 ews release Boeing Awarded Five-Year Contract for Super Hornet ST. LOUIS, June 16, 2000 -- The U.S. Navy has awarded a multiyear contract to The Boeing Company for the production of 222 _S_~p?_Ho_r_n~e_!.s_.. The $8.9 billion contract ensures continued production of the Super Hornet at Boeing facilities in St. Louis for the next five years. Under the terms of the contract, the Navy will purchase 36 aircraft in fiscal year 2000, 42 aircraft the following year, and 48 aircraft for each of the following three years. The multiyear agreement builds budgetary flexibility into the contract by allowing the Navy to increase or decrease the quantity of aircraft on order, except for the first year, by as many as six aircraft. "A key benefit of the multiyear contract is that Boeing and our suppliers now have a predictable workload enabling us to better plan our work force," said Pat Finneran, vice president and general manager for U.S. Navy and Marine Corps programs. "With 284 aircraft under contract, we will be able to invest in more processes and production improvements that will pay off in the future." Although the United States has historically procured most of its defense systems for only one year at a time, Congress can authorize an exception when a commitment to a longer-term buy makes good economic sense. The Super Hornet multiyear is expected to save U.S. taxpayers more than $700 million over the traditional, single-year procurement. "The F/A-18E/F Super Hornet is the cornerstone of the future of Naval aviation," said Chief of Naval Operations Admiral Jay Johnson. "It will provide twice the sorties, a third the combat losses and 40 percent greater range. We can't wait to get it to the fleet? Strike Fighter Squadron 115 (VFA-115).fi:om Naval Air Station Lemoore, C~iif., is slated to be the first fleet operational Super Hornet squadron. Currently flying F/A-18Cs, the squadron will start the transition to F/A-18Es later this fall and embark on its first deployment in June 2002 aboard the USS Abraham Lincoln (CVN 72). Boeing now has orders for 284 Super Hornets of which 22 have been delivered on time or ahead of schedule. The Navy plans to buy a minimum of 548 of the aircraft. An industry team led by Boeing builds the Super Hornet. Boeing builds the forward fuselage and wings, and conducts final assembly. Northrop Grumman Corp. is the principal airframe subcontractor, supplying the center and aft fuselage. General Electric Co. produces the engines, and Raytheon Co. manufactures the aircraft's radar. http:llwww.boeing.comlnewslreleases120001news_release_OOO616n.htm '"' 07~07~2000 OFFICE OF THE CI'CY MANAGER (757) 427-4242 FAX (757') 427-4135 TDD (757) 427-4305 City of' Virginia July 7, 2000 MUNICIPAL CENTER BUILDING ~ 2401 COURTHOUSE ORIVE VIRGINIA BEACH, VA 23456-9001 The Honorable Mayor and Members of Council Municipal Center, Building 1 Virginia Beach, VA 23456 Dear Council Members: Questions were raised at a recent City Council meeting reference the Navy's planned "scoping" meetings for the F/A-18 E and F aircraft Environmental Impact Statement (ELS). The following information was collected by Bob Matthias and is submitted for your review. * The meetings to be held in Chesapeake and Virginia Beach are public information meetings to act as part of the scoping process for the ElS to be done on the placement of the east coast F/A-18 E and F Super Hornet aircraft. The actual ElS will take approximately a year to complete and we expect a draft to be available by the end of 2001. The Navy is considering a number of sites for the placement of the Super Hornet aircraft which include: Oceana, Meridian, Mississippi, Beaufort, Sout~' Carolina, and Cherry Point, North Carolina. . .. .,~ A single site for all of the Super Hornet aircraft is preferred. The F/A-18 E and F models will be replacing the existing inventory of F-14 aircraft and the older F/A-18 aircraft. The F/A-18 C and D models were purchased beginning in the mid 1980s. These aircraft will start to be retired incrementally later this decade. An ElS has been completed for the west coast F/A-18 E and F aircraft and their fleet squadrons are starting to be purchased now. If all of the east coast F/A-18 E and F aircraft come to Oceana, there would still be approximately 1/3 less Fleet Carrier Landing Practice (FCLP) at Oceana and Fentress because the east and west coast F-14 aircraft will be removed from the Navy's inventory. Proz~d Recipient of the 1998 U.S. Senate Medallion of Excelle~zce for Productivity and ~Cz~ah'ty in the Pz~bh'c Sector. The Honorable Mayor and Members of Council July 7, 2000 Page 2 Eight F/A-18 E and F aircraft operated out of Oceana over the past week without any noticeable increase in complaints. This supports the belief that the noise impact generated by the Super Hornets is comparable with the F/A-18 C and D aircraft. We believe Oceana is the pr_eferred alternative because of the cost savings to the tax payer and the various ~quality of life issues such as proximity of the home port of the aircraft carrier, the ability of Ihe pilots to conduct FCLPs prior to deployment and return home to their families in the evening, spousal employment, educational opportunities, and housing. Oceana has more than adequate infrastructure in place to support all of the east coast FIA-18 aircraft once the F-14s are retired. The F/A-18 E and F model is the future of naval aviation. One of the issues raised by CCAJN is the need to construct another outlying landing field. This is an issue that the Mayor has been pursuing with the Navy and Congressman Pickett is working to have funding made available to the Navy so they can begin studying an alternative outlying field now rather than waiting for the ElS process to get underway. We are very supportive of this action because of the reduction of FCLPs and noise impacts it would have on the citizens of Virginia Beach-and Chesapeake. Alternatives being considered by the Navy include a sea base i~land to be constructed much like an offshore oil platform and conventional bases such as Fort Pickett and areas in North Carolina. If the F/A-18 E and F models do not come to Oceana, then the favorable economic impact of Oceana will be reduced. It is likely that without the E and F aircraft at Oceana, the base would be at great risk for closure during the next BRAC process. CCAJN has requested construction of a second Hush House,. ;The Navy believes it is premature to construct an addiiional Hush House when the Io~ation for all of the F/A-lBs has not been determined. Als'd, the Navy has indicated that one Hush House may be able to accommodate all of the FIA-18 aircraft stationed at Oceana because of the reduced amount of time needed in a Hush House and the fact that the facility can operate on a 24-hour basis. I hope this information is helpful. Please call if I can provide anything further. Sincerely, ~ames K. Spore /,~./C ity Manager JKS/at - 43 - Item V- J..9. ORDINANCES/RESOL UTIONS ITEM # 46922 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Resolution to ENDORSE Hampton Roads Transit's proposal re purchase and implementation of a Tram System on the Virginia Beach Boardwalk. Voting: 11-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M Henley, Louis IL Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None July l l, 2000 1 2 3 4 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 A RESOLUTION ENDORSING HAMPTON ROADS TRANSIT'S PROPOSAL TO PURCHASE AND IMPLEMENT A TP~AM SYSTEM ON THE VIRGINIA BEACH BOARDWALK WHEREAS, the City Council considers it desirable to provide a transportation service for the citizens and visitors along the Virginia Beach Boardwalk; and WHEREAS, a public boardwalk tram system is consistent with the Oceanfront Resort Area Concept Plan, which was adopted by the City Council in June 1994 and which recommends the use of public transit, rather than the use of private vehicles to circulate people, within the Resort Area; and WHEREAS, the Boardwalk Tram was recommended in the 1996 Resort Area Trolley Study as a long - term goal and is currently being recommended in a draft of the Oceanfront Transportation Management Plan as a primary goal to reduce the private automobile trips within the Resort Area; and WHEREAS, the Boardwalk Tram proposal has been reviewed and endorsed by the Resort Advisory Commission, the Virginia Beach Hotel-Motel Association, the Virginia Beach Restaurant Association, and the Resort Retailers Association. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby endorses the reestablishment of a boardwalk tram and hereby requests that Hampton Roads Transit prepare a service proposal for the City Council's review. Adopted by the Council of the City of Virginia Beach, Virginia, on the ~llth day of JULY , 2000. 28 29 30 CA-7663 wmm/ordres/tramsresolution.wpd R2 -Prepared: June 29, 2000 APPROVED AS TO CONTENT: P1 anni~3'~epartment APPR~E _~~O~,L~~NCY; Law Department - 44 - Item V- J. 10. ORDINANCES/RESOL UTIONS ITEM # 46923 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Resolution to AUTHORIZE the execution and delivery of a Lease Modification Agreement between the of Virginia Beach Development Authority, First Union National Bank, City of Virginia Beach and AMBAC Assurance Corporation re the Social Services Building Voting: ! 0-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Abstaining: William ~. Harrison, Jr. Council Members Voting Nay: None Council Members Absent: None Councilman Harrison ABSTAINED as his law firm does business with the tenant at this facility. July i L 2000 1 2 3 4 5 6 7 $ RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A LEASE MODIFICATION AGREEMENT BY AND AMONG THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, FIRST UNION BANK, THE CITY OF VIRGINIA BEACH AND AMBAC ASSURANCE CORPORATION [SOCIAL SERVICES BUILDING] 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 WHEREAS, the City of Virginia Beach (the "City") and the City of Virginia Beach Development Authority (the "Authority") have executed and delivered a Social Services Building Deed of Lease (the "Lease") dated as of February 1, 1998, pursuant to which the City, as tenant, is leasing from the Authority, as landlord, a building and related land (the "Premises") for use solely for governmental purposes, as provided in the Lease, including, but not limited to, a social services building for the provision of services to the public by the City's Social Services Department; and WHEREAS, the acquisition, construction and equipping of the Premises was financed by the issuance by the Authority of its Lease Revenue Bonds (Social Services Facility), Series 1998 (the"Bonds") and the payment of principal of and interest on the Bonds is guaranteed by a municipal bond insurance policy issued by AMBAC Assurance Corporation ("AMBAC"); and WHEREAS, the Bonds were issued pursuant to an Indenture of Trust (the "Indenture") between the Authority and First Union National Bank, as Trustee (the "Trustee"), dated as of February 1, 1998; and WHEREAS, S and H Company, a Virginia general partnership, an adjoining property owner (the "Adjacent Property Owner") has requested use, by lease or sublease, of an approximately 21,940~ square foot portion of unimproved land constituting the northern rear portion of the Premises for use as a surface parking lot, and the Authority and the City manager have determined that such use would be beneficial to the Premises and to the City and not adversely affect the use of the Premises by the City for governmental purposes; and WHEREAS, the Authority is the beneficial owner of two 50' non-exclusive parking easements and a 38' non-exclusive access easement (collectively, the "Easements") located on property adjacem to the Social Services Site owned by the Adjacent Property Owner which the Adjacent Property Owner has requested be vacated; and WHEREAS, the use of the above-described portion of the Premises by the Adjacent Property Owner necessitates an amendment to the provisions of the Lease providing that the Premises 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 shall at all times be used solely for governmental purposes, and the vacation of the Easements necessitates an amendment to the description of the Premises as contained in the Lease; and WHEREAS, the City and the Authority have received an opinion of Kaufman & Canoles, P.C., Bond Counsel with respect to the Bonds, to the effect that the non-governmental use of the Premises by the Adjacent Property Owner as a surface parking lot to the extent provided above, and the vacation of the Easements will not impair the exemption of interest on the Bonds from federal income taxation; and WHEREAS, there has been presented to this meeting the form of a Lease Modification Agreement (the "Lease Modification Agreement") by and among the City, the Authority, AMBAC and the Trustee amending the Lease to accommodate the above described transaction and, as required by the Indenture, evidencing the consent of AMBAC, the Trustee, the Authority and the City to such amendment; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH; 1. The use of the northern rear portion of the premises located as 3432 Virginia Beach Boulevard currently the site of the City's Social Services Building (the"Social Services Site") not in excess of 22,000 square feet (the ("Parking Site") by and the lease of same to S and H Company (the "Adjacent Property Owner") for use as a surface parking lot are hereby approved, and the execution and delivery of a lease agreement (the "S and H Lease Agreement") by and between the City of Virginia Beach Development Authority (the "Authority") and the Adjacent Property Owner, and any related documents required to accomplish same, are hereby approved. 2. The execution and delivery by the City Manager, or his designee, of an amendment to the Social Services Building Deed of Lease (the "Lease Modification Agreement"), and any related documents required to permit the use of the Parking Site as set forth in Section 1 above and to amend the description of the Premises contained in the Lease to eliminate two 50' non- exclusive parking easements and a 38' non-exclusive access easement located on property adjacent to the Social Services Site owned by the Adjacent Property Owner are hereby approved. 3, All costs and expenses incurred by the City in connection with the execution and delivery of the S and H Lease Agreement, the Lease Modification Agreement, and any related 2 63 64 65 66 67 68 69 70 documents, shall be paid by the Adjacent Property Owner and it is understood that all such costs and expenses shall not be a responsibility of the City or the Authority. 4. All other acts of the officers of the City which are in conformity with the purposes and intent of this Resolution and the execution and delivery of the Lease Modification Agreement, and any related documents, are hereby approved and confirmed. 5. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 11 day of a u 1 y ,2000. 71 72 73 74 75 CA-7248 ORDINLNONCODE\CA7248.res Prepared: July 3, 2000 APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: 76 77 78 79 80 APPROVED AS TO LEGAL SUFFICIENCY: 81 82 83 City Attorney s Office LANDLORD: TENANT: D ESCIIIPTION OF PREMISES: TERM: USE: RENT: SUMMARY OF TER3'IS VIRGINIA BEACH DEVELOPMENT AUTHORiTY LEASE TO S AND H COMPANY FOP. PARKING LOT AT REAR OF SOCIAL SERVICES SITE City of Virginia Beach Development Authority (VBDA) S and H Company, a Virginia general partnership (S & H) Rear (~ 78' of site leased to City for Social Services located at 3432 Virginia Beach Boulevard, Virginia Beach, Virginia 23452. Five (5) years with one (1) five (5) year extension option. Construction and exclusive use of parking lot for use by employees of AmeriGroup Corporation (AmeriGroup), a tenant in the 3300 Building located on adjacent property owned by S & H. $1.00 per year plus S & H to pay (1) all construction and maiutenance costs of parking lot, (2) all leasehold real estate taxes, stonnwater fees and other charges assessed against the leased property and improvements thereon, and (3) all expenses of the VBDA incurred iii obtaining required approvals for the lease. At the end of the term, the improvements will become the property of the VBDA. ADDITIONAL CONDITIONS: 1. Lease is subject to termination by VBDA upon ninety (90) days notice following expiration or termination of related lease between S & H and AmeriGroup, provided S & H has right to replace with substitute teuant acceptable to City Manager and Director of Economic Development. 2. If extension option exercised, Lease is subject to termination by VBDA upon uinety (90) days notice upon a proven increase in Social Services clients or mandated programs and payment to S & H of actual documented costs expended by S & H to improve the parking lot (less all EDIP funds paid to ArneriGrout~) on the following basis: Termination during year six - 50% Termination duriug year seven - 40% Termination during year eight - 30% Termination during year nine - 20% Termination during year ten - 10% 3. S & H to require AmeriGroup to issue decals to employees usiug the parking lot and erect appropriate signage. 4. Access to parking lot restricted to use of S & H's property betxveen parking lot and Little Neck Road. S & H to construct appropriate curbing, fencing and signage to ensure such access with no ttmt traffic traveling through Social Services parking lot to Virginia Beach Boulevard and vice versa. 5. S & tt to ovcrspray arid re-stripe existing back parking lot of Social Services 6. S & H to lneet annually to discuss issues related to parking on the Social Services Site and S & H's adjacent property. 7. VBDA to release two 50' non-exclusive parking easements and a 38' non-exclusive access casement located on property of S & H. - 45 - Item V-J. 11. ORDINANCES/RESOL UTIONS ITEM # 46924 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: LICENSE REFUNDS: $9,325.65 Voting: 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, ,Ir., Barbara M. Henley, Louis R. `iones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, ~'ce Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None `iuly 2ooo FORM NO CA. B REV 3/86 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: LICENSE DATE BASE INTEREST TOTAL NAM E YEAR PAl D ATLANTIC SURGICAL ASSOC PC BENEFICIAL MGMT CORP OF AMERICA EYELID & OCULOPLASTIC CONSULTANT PC FAMILY DOLLAR STORES OF VA INC GENTEK RESTRUCTURING INC IMPAQ CORPORATION JAYS DELI INC HUYRN ROBERT ANTHONY PATE DAVID MANNING DDS PETERSON LINDSEY G STUDIO AESTHETICA INC 06/14100 AUDIT 572.44 121.50 693.94 2000 03129~00 5,488.39 0.00 5,488.39 2000 06/29/00 109.73 0.00 109.73 06/14/00 AUDIT 296.79 0.00 296.79 2000 06/15/00 323.60 0.00 323.60 2000 06/20/00 2,107.06 0.00 2,107.06 06/08/00 AUDIT 51.70 8.55 60.25 2000 06/16/00 10.00 0.00 10.00 06/14/00 AUDIT 164.89 25.87 190.76 2000 06/19/00 35.13 0.00 35.13 2000 06120/00 10.00 0.00 10.00 Certified as Comrr(~siorle~'o'~ R~enue City Attorney s Office This ordinance shall be effective from date of adoption. The above abatement(s) totaling City of Virginia Beach on the 9,325.65 were approved by the Council of the l:[t:h day of ,7u].¥ ,20 O0 Ruth Hodges Smith City Clerk - 46- Item V-L. PLANNING ITEM # 46925 1. a. FRANKLIN M. & JOELLEN FITZGERALD b. BOYD CORPORATION STREET CLOSURES 2. DONA VONE. BONNEY CONDITIONAL USE PERMIT $. CHARLES F. BOWDEN CONDITIONAL CHANGE OF ZONING 4. M & K INVESTMENTS CONDITIONAL CHANGE OF ZONING 5. TERR Y/PETERSON RESIDENTIAL TEN, L L C. CHANGE OF ZONING 6. CITY OF VIRGINIA BEACH a. Section 107 b. Section 111 and Article 2 AMEND CZO Conditional Zoning Agreements Definition/adding a new Part D re establishing design and other standards for retail establishments 7. FLOODPLAIN VARIANCES AMEND Site Plan Ordinance re fees and procedures July H, 2000 Item V-L. -47- PLANNING ITEM # 46926 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City CouncilAPPROVED in ONE MOTION Items 1, 2, 4, 5 (DEFERRED), 6a., 6b (DEFERRED) and 7 (DEFERRED) of the PLANNING B Y CONSENT. Item 5 was DEFERRED, BY CONSENT, until the City Council Session of August 8, 2000. Item 6 b. was DEFERRED, BY CONSENT, until the City Council Session of August 22, 2000. Item 7 was DEFERRED, BY CONSENT, until the City Council Session of August 8, 2000. Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William ~. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None Council Lady McClanan voted a VERBAL NAY on Item 6a. July 11, 2000 - 48 - Item V-L.I.a. PLANNING ITEM # 4692 7 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED Ordinance upon application of FRANKLIN M. & JOELLEN FITZGERALD for the discontinuance, closure and abandonment of the western 7. S feet of a 15-foot alley Ordinance upon application of Franklin M. & doellen Fitzgerald for the discontinuance, closure and abandonment of the western 7. 5feet ora 15- foot alley located between Lots 8 and 20, Block 22, Croatan Beach. Said parcel contains 375 square feet. BEACH - 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. All funds generated from this purchase shall be deposited in the Croatan Beach Access account and utilized by the City to purchase additional access to the beach in the Croatan area at an appropriate location. 3 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 fi>r recordation prior to final street closure approval. The applicant is required to verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If all conditions noted above are not accomplished and a final plat is not approved within 1 year of the City Council's vote to close the roadway, this approval will be considered null and void. Voting: 11-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None July H, 2ooo ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOW AS "WESTERN ONE-HALF OF 15' ALLEY" AS SHOWN ON THAT CERTAIN PLAT ENTITLED: "PLAT SHOWING PROPOSED CLOSURE OF WESTERN ONE-HALF OF 15' ALLEY ADJACENT TO LOT 8, BLOCK 22, CROATAN BEACH (M.B. 24, P. 37) DATED APRIL 14, 2000, A COPY OF WHICH IS ATTACHED HERETO AS "EXHIBIT A" WHEREAS, on July 11, 2000, Franklin M. Fitzgerald and Joellen Fitzgerald applied to the Council of the City of Vi[ginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated, subject to certain conditions having been met on or before July 10, 2001; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed and vacated, subject to certain conditions being met on or before July 10, 2001: All that certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and described as "WESTERN ONE-HALF OF t5' ALLEY" containing 375 square feet, more particularly described on that certain plat entitled: "PLAT SHOWING PROPOSED CLOSURE OF WESTERN ONE-HALF OF 15' ALLEY ADJACENT TO LOT 8, BLOCK 22, CROATAN BEACH MB 24 P 37," dated April 14, 2000, Scale: 1" -- 20', and prepared by Gallup Surveyors & Engineers, Ltd., copy of said plat being attached hereto as "Exhibit A." SECTION II The following conditions must be met on or before July 10, 2001: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City 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 said policy are available in the Planning Department. GPIN: All funds generated from this purchase shall be deposited in the Croatan Beach Access Account and utilized by the City to purchase additional access to the beach in the Croatan area at an appropriate location. 2. 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. 3. 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 other private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If all conditions noted above are not accomplished and a final plat is not approved within 365 days of the City Council's vote to close the roadway, this approval will be considered null and void. SECTION III 1. If the preceding conditions are not fulfilled on or before July 10, 2001, this Ordinance will be deemed null and void without further action by the City Council. 2. If all conditions are met on or before July 10, 2001, the date of final closure is the date the street closure ordinance is recorded by the City Attorney. SECTION IV A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor." Adopted by the Council of the City of Virginia Beach, Virginia, on this 11 July day of ,2000. APPROVED AS TO LEGAL SUFFICIENCY Law Department CA-7774 07/110/00 F :\Data~ATY'xForms'xDeeds\STC LOSLhWORKING\ca7774.ord26 2 CROATAN BEACH BLOCK 22 MB 24 P 37 15' ALLEY s o7'15'oo" E . . (MB 24 P 57) WESTERN ONE-HALF"~ LOT 8 _ OF 15' ALLEY 3-S-FR RES'D. //516 50.O0' N 07'15'00" W VANDERBILT AVENUE (MB 24 P 37) 80' R/w 400' Z I-- 0 n/ o PLAT SHOWING PROPOSED CLOSURE OF WESTERN ONE-HALF OF 15' ALLEY ADJACENT TO LOT 8 00-67 BLOCK 22 CROATAN BEACH MB 24 P 37 VIRGINIA BEACH, VA. SCALE: 1"= 20' 14 APRIL 2000 (~ALLUP SURVEYORS & ENGINEERS. LTD. 315 IrlRST COLONIAL ROAD V~RGINIA BEACH, V1RGINIA 23454 (757)428-8132 Item V-L.I.b. PLANNING - 49 - ITEM # 46928 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED Ordinance upon application of BOYD CORP, for the discontinuance, closure and abandonment of for a port, on of a 15-foot alley: Ordinance upon application of Boyd Corporation, a Virginia Corporation for the discontinuance, closure and abandonment of a portion ora 15-foot alley located 100feet each of South Atlantic Avenue lying between Lots 11 and 12 and Lots 23 and 24, Block 20, Croatan Beach. Said parcel contains 1500 square feet. BEACH - 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. All funds generated from this purchase shall be deposited in the Croatan Beach Access account and utilized by the City to purchase additional access to the beach in the Croatan area at an appropriate location. 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 fi~r recordation prior to final street closure approval. The applicant is required to verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If all conditions noted above are not accomplished and a final plat is not approved within 1 year of the City Council's vote to close the roadway, this approval will be considered null and void Voting: 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyers E. Oberndorf, Nancy K. Parker, ~ce Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None duly l l, 2000 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS UNNAMED 15 FOOT ALLEY LYING BETWEEN LOTS 11 AND 12 AND LOTS 23 AND 24, BLOCK 20, CROATAN BEACH, AS SHOWN ON THAT CERTAIN PLAT ENTITLED: EXHIBIT PLAT SHOWING A PORTION OF 15' ALLEY TO BE CLOSED ADJACENT TO LOTS 11, 12, 23 AND 24, BLOCK 20, CROATAN BEACH (M.B. 24, P. 37), VIRGINIA BEACH, VIRGINIA, COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A. WHEREAS, on July 11, 2000, the BOYD CORPORATION, a Virginia corporation, applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated, subject to certain conditions having been met on or before July 10, 2001; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed and vacated, subject to certain conditions being met on or before July 10, 2001: Unnamed 15 foot alley lying between Lots 11 and 12 and Lots 23 and 24, Block 20, Croatan Beach, and beginning at a point in the northeastern corner of Lot 12, Block 20, Croatan Beach (M.B. 24, P. 37), which said point is also the southwestern corner of the intersection of said 15 foot alley and that certain unimproved 50 foot right-of-way adjacent to said Lots 12 and 24 as shown on the plat of Croatan Beach; thence South 4° 14' 15" East 100 feet to a point; thence North 85 o 45' 45" East to a point which is located in the southwestern corner of Lot 23, in Block 20, as shown on the plat of Croatan Beach; thence North 4° 14' 15" West 100.00 feet to a point, which said point is also the northwestern corner of Lot 24, in Block 20, as shown on the plat of Croatan Beach; thence South 85 ° 45' 45" West 15.00 feet to the point of beginning. Said parcel of land is designated as "Portion of 15' Alley to be Closed" as indicated on that certain plat of property in Virginia Beach, Virginia, which said plat is to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, upon adoption of this ordinance, and is made a part hereof by reference. GPIN: SECTION II The following conditions must be met on or before July 10, 2001: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City 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 said policy are available in the Planning Department. All funds generated from this purchase shall be deposited in the Croatan Beach Access Account and utilized by the City to purchase additional access to the beach in the Croatan area at an appropriate location. 2. 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. 3. 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 other private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If all conditions noted above are not accomplished and a final plat is not approved within 365 days of the City Council's vote to close the roadway, this approval will be considered null and void. SECTION Ill 1. If the preceding conditions are not fulfilled on or before July 10, 2001, the street closure application will be deemed null and void without further action by the City Council. 2. If all conditions are met on or before July 10, 2001, the date of final closure is the date the street closure ordinance is recorded by the City Attorney. SECTION IV A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor." day of Adopted by the Council of the City of Virginia Beach, Virginia, on this July ,2000. APPROVED AS TO LEGALt~ICIENCY Law Department -- -'"", CA-7444 07/10/00 F :\Data~TYXForms\Deeds\STCLO SU~WORKING\CA7444.ORD 3 1. _MERIDI'AN SOdRCE BASED ON FLAT RECORDED IN MAP BOOK 24 AT PAGE 57. 2, PORTION 0;' 15' ALI..E¥ 'i'0 BE CLOSED: V.:..: /._,'__z._: 5. ARt::A OF 15' ALLEY 10 BE CLOSED = 1,500 SQUARE FEET/O.054 ACRE. 4. TPI$ PLAT IS NO'f INTE_NDED TO SHOW ANY EA. SEMENI'S OR PHYSICAL FEATURE'.-} THAI' MAY AFFECT THI% PROPERTY. 5. THIS PLA1' D:,)EG NCT CON'S'F. PJTI~i' A -'%UBDIVISION OF LAND. ATLANTIC OC~'A N rY . Z ':3 C)LD P!N FIN .¢., 04'14'1., . E 1()0.00 · PiN LL., ,:¢ 24 '¢, o o ~'2 o PiN 12 ~ ~,., CO ,I N 04'14'15" W OLD :~ PIN 1: 11 50.00' 100.00' 10 OLD PIN SOUTH ATLANTIC AVENUE (50' ~/w) (M.B 24, P..37) EXHIBIT PLAT SHOWING A PC)RTION OF 15' ALLEY TO BE CLOSED ADJACENT TO LOTS 11, 12, 25 AND 24, BLOCK 20, CROATAN BEACH (M.B. 24-, P. 37) VIRGINIA BEACH, VIRGINIA SCALE: 1"=50' d4NUARY 27, 1999 dOHN E. SIRINE AND ASSOCIATES, LTl3. SURVEYORS' ENGINEERS, PLANhlERS 4517 BONNEY ROAD VIRGINIA BEACH, VIRGINIA 254.52 0 15 50 60 90 120 FEET GRAPHIC SCALE SHEE1' 1 OF' 1 Item V-L. 2. - 50 - PLANNING ITEM # 46929 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED Application of DONAVON E. BONNEY for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF DONA VON E. BONNEY FOR A CONDITIONAL USE PERMITFORA UTOMOTIVE DETAILING RO0 R07003060 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Donavon E. Bonney for a Conditional Use Permit for automotive detailing at the northeast corner of Princess Anne Road and Indian River Road (GPIN #241%02-5633). Said parcel is located at 1800 Princess Anne Road and contains 22, 433 square feet. PRINCESS ANNE - DISTRICT 7. The following conditions shall be required: 7. 10. The Virginia Beach Department of Public Health must review and approve the existing septic sewage disposal system and water supply before the proposed car wash facility (auto detailing) can operate from this site. No tires for sale, merchandise, or parts shall be displayed or stored outside. All car washing (automotive detailing) will be performed only inside the building. The existing building will be painted grey with a black border surrounding the top of the building. All parl~ng spaces required by the City Zoning Ordinance must be marked by painted striping on the site, including handicap spaces in accordance with the Americans with Disabilities Act (ADA). The existing free-standing sign must be removed from the City's right-of-way and relocated onto the property in accordance with Section 905, "sign regulations, "of the City Zoning Ordinance. All junk, debris, parts, oM tires, or other discarded items must be removed from the site. The dilapidated chain linked fencing, at the rear of the building, must be removed and/or replaced with a solid fence or wall a minimum of six feet (6') in height. All used tires must be stored in the existing enclosure, at the rear of the building and maintained in a mosquito free environment. No tires shall be visible from any adjoining property. No more than thirty (30) tires will be stored on the site. Shrubs must be planted along the northern property line extending from the existing hedge eastward to the rear property line. Shrubs must be spaced when planted so as to form a continuous hedge at maturity. July11, 2ooo - 51 - Item V-L. 2. PLANNING ITEM # 46929 (Continued) 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 Eleventh of JulY, Two Thousand Voting: 11-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None July 11, 2000 Item V-L. 3. PLANNING - 52 - ITEM # 46931 Attorney Sonny Stallings, requested WITHDRAWAL Kit Schonbrun, 1356 Dunstan lane, Phone: 460-6150, was in OPPOSITION to the application, but not to the Withdrawal. Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council ALLOWED WITHDRAWAL, of the Ordinance upon application of CHARLES F. BOWDEN for a Conditional Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF CHARLES F. BO WDEN' FOR A CHANGE OF ZONING DISTRICT CLASSIFICATIONFROMR-30 to CONDITIONAL R-20 Ordinance upon application of Charles F. Bowden for a Change of Zoning District Classification from R-3 Residential District to Conditional R-20 Residential District on the west side of WakefieM Drive, south of south of Delray Drive (GPIN #1479-60-5795). The proposed zoning classification change to Conditional R-20 is for single family residential land use on lots no less than 20, 000 square feet. The Comprehensive Plan recommends use of this parcel for suburban residential/low density at densities that are compatible with singleJbmily use in accordance with other Plan policies. Said property is Parcel A, Subdivision of Thoroughgood, Seca'on 8, Part 4, containing 10. 588 acres. BA YSIDE DISTRICT - 4 Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Abstaining: Robert C. Mandigo, Jr. Council Members Absent: None Councilman Mandigo ABSTAINED as his supervisor at his place of employment owns property adjacent to this property; and, therefore has an interest in the outcome of the application. The City Attorney has advised the Supervisor's interest in the application does not cause Councilman Mandigo to have a personal interest in the application under the Conflict of lnterest Act and he may vote on the application; however, he wishes to DISCLOSE this interest and abstain from the vote. July 2ooo - 53 - Item V-L. 4. PLANNING ITEM ti 46932 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED Ordinance upon application of M & K INVESTMENTS for a Conditional Change of Zoning District Classification ORDINANCE UPON APPLICATION OF M & K INVESTMENTS FOR A CONDITIONAL CHANGE OFZON1NG DISTRICT CLASSIFICATION FROM R-7.5 TO CONDITIONAL A-18 Z07001176 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application ofM & K Investments, a Virginia General Partnership for a Change of Zoning District Classification from R-7. 5 Residential District to Conditional A-18 Apartment District on Lots 29 & 30, Block 5, Woodland (GPIN #241%69-9327). The proposed zoning classification change to Conditional A-18 is for multi-family residential land use at a density no greater than 18 dwelling units per acre. The Comprehensive Plan recommends use of this parcel for suburban residential medium and high density at densities that are compatible with multi-family use in accordance with other Plan policies. Said parcel is located on the north side of 24th Street, 405feet more or less west of Barberton Drive and contains & 755. 56 square feet. BEACH- DISTRICT 6. The following condition shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. 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 Eleventh of July, Two Thousand Voting: 11-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William IlK. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None July l l, 2000 o£ Virginia Rcach INTER-OFF CE CO ESPON1)ENCE In Reply Refer To Our File No. DF-5055 DATE:- July 5, 2000 TO: FROM: Leslie L. Lilley William M. Macali~~]~ Conditional Zoning Application M & K Investments DEPT: City Attorney DEPT: City Attorney The above-referenced conditional zoning application is scheduled to be heard by the City Council on July 11, 2000. I have reviewed the subject proffer agreement, dated October 15, 1999, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WMM Enclosure PREPARED BY: SYKES. CARNES~BOURDON & AHERN. EC. ATTORNEYS ATt..AW M & K INVESTMENTS, a Virginia General Partnership TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 15tu day of October, 1999, by and between M & K INVESTMENTS, a Virginia General Partnership, Grantor, party of the first part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. WlTNESSETH: WHEREAS, the Grantors are the owners of two (2) parcels of property located in the Beach District of the City of Virginia Beach, containing approximately 0.201 acres, as described in Exhibit WA" attached hereto and incorporated herein by this reference. Said parcels are hereinafter collectively referred to as the "Property"; and WHEREAS, the Grantors have 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 subject properties from R- 7.5 Residential District to A-18 Apartment District; 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 Grantors acknowledge that competing and sometime.' incompatible uses conflict and that in order to permit differing uses on and in th~ area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use o the Property for the protection of the community that are not generally applicable t~ land similarly zoned are needed to cope with the situation to which the Grantor~, rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance c and prior to the public hearing before the Grantee, as a part of the propose _1_ PREPARED BY: SYKES, CARNES, BOURDON & AHERN, PC. ATTORNEYS AT LAW amendment to the Zoning Map, in addition to the regulations provided for the A-18 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 rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or ug_qj_~ pro quo. for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, persona~ representatives, assigns, grantee, and other successors in interest or title and whic[ will not be required of the Grantors until the Property is developed: 1. When the Property is developed, it shall be developed as three (3 single family attached residential dwellings (townhouses) substantially i~ conformance with the Exhibit entitled "Zoning Exhibit, Preliminary Subdivision o Property, Lots 29 & 30 - Block 5, Woodland', dated September 2, 1999, prepared b'. Gallup Surveyors and Engineers, Ltd., which has been exhibited to the Virgini; Beach City Council and is on file with the Virginia Beach Department of Plannin (~Concept Plan'}. 2. The architectural design of the residential building will be as depicte on the exhibit entitled "Building Elevation for M&K Investments". The Elevation ha been exhibited to the Virginia Beach City Council and is on file with the VirginJ Beach Department of Planning. _2_ PREPARED BY; YKES. CARNES. BOURDON &AHERN. PC. ATTORNEYS AT LAW 3. Each of the three (3) dwellings depicted on the Concept Plan shall have no more than three {3) bedrooms and shall be constructed utilizing enhanced noise attenuating materials. 4. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The 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. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City ot Virginia Beach, Virginia, to administei' and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and {b) to bring legal action or suit to insure _3_ 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 pe~ ~oits as may be appropriate; (3) If aggrieved by any decision of the Zoning AdminiStrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office 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 names of the Grantors and the Grantee. PREPARED BY: YKES. CARNES, BOURDON & AHERN, P.C. ATTORNEYS Al' LAW _4_ PREPARED BY: YKES. CARNES. BOURDON & AHERN, PC. ATrORNEYS A~LAW WITNESS the following signature and seal: Grantor: M & K INVESTMENTS, a Virginia General Partnership By: (SEAL) Mark D. Mousouris, General Partner STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 19th day of May, 2000, by Mark D. Mousouris, General Partner of M & K Investments, a Virginia General Partnership, Grantor. Y Notary Public My Commission Expires: August 31, 2002 _5_ PREPARED BY: SYKES, CARNES. BOURDON & AHERN,~C, ATI'ORNEYSATLAW EIII~IT "A" ALL THOSE certain lots, pieces or parcels of land with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lots 29 and 30, in Block 5, as shown on that certain plat entitled, "Woodland Property of Noranne Realty Corp. Princess Anne Co., Va." which plat is duly recorded in the Clerk:s Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 7, at Page 98. GPIN: 2417-69-9327 CONDREZN/M&K/PROFFER _6_ Item V-L. 5. PLANNING - 54 - ITEM # 46933 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED TO CITY COUNCIL MEETING OF A UGUST 8, 2000, Ordinance upon application of TERRY/PETERSON RESIDENTIAL TEN, L.L. C., for a Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF TERRY/PETERSON RESIDENTIAL TEN, L.L. C. FOR A CHANGE OF ZONING FROM R- 7.5 TO A-12 WITH A PD-H2 PLANNED DEVELOPMENT DISTRICT OVERLAY Ordinance upon application of Terry/Peterson Residential Ten, L.L. C. for a Change of Zoning District Classification from R-7. 5 Residential District to A-! 2 Apartment District with a PD-H2 Planned Development District Overlay on certain property located on the south side of Indian River Road, 613 feet more or less west of Sandpebble Drive (GPIN #1465-47-0009;#1465-47-2981). The proposed zoning classification change to A-12 with a PD-H2 Planned Development District Overlay is for multi-family land use at a density no greater than 12 dwelling untis per acre. The Comprehensive Plan recommends use of this parcel for suburban residential/low densities that are compatible with single family use in accordance with other Plan policies. Said parcel contains 14. 77 acres. CENTERVILLE- DISTRICT 1. Voting: 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, dr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None July l 2000 - 55 - Item V-L. 6. c~ PLANNING ITEM # 46934 Upon motion by l~ce Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance of the CITY OF VIRGINIA BEACH to AMEND City Zoning Ordinance (CZO) 3~ 107 re requiring conditional zoning agreements to be prepared by an attorney.: Voang : 10-1 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: Reba S. McClanan Council Members Absent: None July 11, 2000 1 2 3 4 5 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 AN ORDINANCE TO AMEND SECTION 107 OF THE CITY ZONING ORDINANCE PERTAINING TO REQUIREMENTS FOR CONDITIONAL ZONING AGREEMENTS SECTION AMENDED: ORDINANCE 107 OF THE CITY ZONING BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 107 of the City Zoning Ordinance is hereby amended and reordained to read as follows: Sec. 107. (h) (4) Amendments. Conditional zoning. Legal form of proffer. Ail proffers shall be in writing~ prepared by an attorney licensed to practice law in the Commonwealth of Virqinia, and shall be in a form suitable for recordation in the deed books maintained by the clerk of the circuit court of the City of Virginia Beach. No proffer shall be accepted by the city council which has not received the approval of the city attorney as to legal form and sufficiency. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 11tn day of July, 2000. CA-7699 wmm/ordres/45-0107ord.wpd R-1 May 26, 2000 - 56- Item V-L. 6. b. PLANNING ITEM # 46935 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED TO CITY COUNCIL MEETING OF A UGUST 22, 2000: Ordinance of the CITY OF VIRGINIA BEACH to A3,IEND City Zoning Ordinance (CZO) ~ 111, definitions and Article 2 of the City Zoning Ordinance (CZO) by ADDING a new Part D re establishing design and other standards for retail establishments. Voting: 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None July H, 2000 - 57- Item V-L. 7. PLANNING ITEM # 46936 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED TO CITY COUNCIL MEETING OF A UGUST 8, 2000: Ordinance to AMEND the Site Plan Ordinance re fees and procedures for floodplain variances. Voting: 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William YE. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, dr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None July l l, 2000 Item V-M. 1. APPOINTMENTS - 58 - ITEM # 46937 BY CONSENSUS, City Council RESCHEDULED: COMMUNITY SERVICES BOARD HEALTH SERVICES AD VISOR Y BOARD July l l, 2000 Item V-M. 2. APPOINTMENTS - 59 - ITEM # 46938 Upon NOMINATION by Vice Mayor Sessoms, City Council: APPOINTED: REAPPOINTED: Robert C. Mandigo Meyera E. Oberndorf William W. Harrison Louis R. Jones Two year terms 07/01/00-06/30/02 HAMPTON ROADS PLANNING DISTRICT COMMISSION Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, ~ce Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None July i 2ooo Item V-M. 3. APPOINTMENTS ITEM # 46939 Upon NOMINATION by Vice Mayor Sessoms, City Council: APPOINTED: Mary I.. Denny Representative - Library Board - no term REVIEW AND ALLOCATION COMMITTEE (COIG) Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None July 2oo0 Item V-M. 4. APPOINTMENTS - 61 - ITEM # 4694O Upon NOMINATION by Vice Mayor Sessoms, City Council: APPOINTED: Rosemary Wilson REAPPOINTED: William D. Sessoms, Jr. Two year terms 07/01/00-06/30/02 TRANSPORTATION DISTRICT COMMISSION of HAMPTON ROADS Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, William YE. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker and l~ce Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Rosemary Wilson Council Members Absent: None July l l, 2000 Item V-N. 1. ADD-ON ITEM # 46940 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADDED TO THE AGENDA: Ordinance to AMEND City Code 3~ 6-120.2 re regulation of personal watercraft rentals. Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William I~. Harrison, Jr., Barbara M. Henley, Louis t~ Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None July 11, 2000 Item V-N..2. ADD-ON ITEM # 46941 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to AMEND City Code ~ 6-120.2 re regulate'on of personal watercraft rentals. Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William IlK. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None July11, 2000 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 AN ORDINANCE TO AMEND SECTION 6- 120.2 OF THE CITY CODE PERTAINING TO THE REGULATION OF PERSONAL WATERCRAFT RENTALS SECTION AMENDED: 6-120.2 BE IT ORDAINED BY THE CITy COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 6-120.2 of the City Code is hereby amended and reordained to read as follows: Sec. 6-120.2 Regulation of personal watercraft rentals. (a) Any business which offers personal watercraft for rent shall require any person to whom a personal watercraft is: ~ented, and any other person who will operate the persona] watercraft, to fill out and siqn a rental aqreement or application. Such aqreement or application, which must include the full leqa] name, address, date of birth and social security number of the renter and any other operator(s), shall be kept on file for a minimum of ninety (90) days. (e~) Any business which offers personal watercraft for rent shall also require any person to whom a personal watercraft is rented, and any other person who will operate the persona] watercraft, to present, prior to such rental or operation, a government-issued identification card containing his or her photograph, and shall retain such identification card, or a copy thereof, during the time the personal watercraft is being rented. (~) No person who rents~ or leases or operates a personal watercraft shall knowingly misrepresent any material fact or falsify any information requested on the rental cr !casc agreement or application. 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 (e_d) Any business which offers personal watercraft for rent on a short-term basis (e.g., by the hour or half-hour) shall have at least one (1) motorboat of at least fifty (50 horsepower operated by an employee or agent of the business, in order to monitor and ensure the safe operation of the personal watercraft. (~9) No business which offers personal watercraft for rent shall rent a personal watercraft that has an engine displacement which exceeds eight hundred (800) cubic centimeters. (e~) Any business which offers personal watercraft for rent shall have at lease two (2) marine VHF radios in operation during the time that a personal watercraft rental is being operated, and such radios shall monitor channel 16 whenever they are not being actively used on a working channel. (~) A violation of any provision of this section shall constitute a Class 3 misdemeanor. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 day of July , 2000. CA-7794 ODIN\PROPOSED\06-120.2.ORD RI JULY 7, 2000 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Ci[~ Attorney's Office Item V-N. 3. ADD-ON ITEM # 46942 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADDED TO THE AGENDA: Ordinance re franchise to VIRGINIA GEORGE CO. for an Open Air Cafd '. Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, William W. Harrison, dr., Barbara M. Henley, Louis R. done& Reba S. McClanan, Robert C. Mandigo, dr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None July l l, 2000 Item V-N. 4. ADD-ON ITEM ii 46943 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance re franchise to VIRGINIA GEORGE CO. for an Open Air Cafd '. Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None July l l, 2000 1 2 3 AN ORDINANCE GRANTING A FRANCHISE TO VIRGINIA GEORGE COMPANY, INC. TO OPERATE AN OPEN AIR CAF~ 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 WHEREAS, the City has adopted, and incorporated into a Franchise Agreement, regulations for the operation of open air cafes on public property in the Resort Area; WHEREAS, by ordinance adopted April 13, 1999, City Council granted a franchise to Virginia George Company, Inc. to operate an open air caf~ adjacent to its existing restaurant, Dough Boy's California Pizza, located at 1700 Atlantic Avenue; WHEREAS, the term of the franchise was for one year, beginning May 1, 1999, and ending April 30, 2000; WHEREAS, when the franchise expired, City staff recommended that it not be renewed due to its conclusion that the narrowing of the sidewalk caused by construction of the caf~ presents a public safety concern for pedestrians; WHEREAS, City staff subsequently met with the owner of the caf~ who agreed to a significant reduction in the footprint of the cafe, as well as other conditions, which should have the effect of substantially alleviating this concern; and WHEREAS, based upon the caf~ owner's agreement to comply with these conditions, City staff has recommended that the franchise be renewed for a term beginning as of the date the footprint of the caf~ is reduced, and ending April 30, 2001. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That a franchise is hereby granted to Virginia George Company, Inc. ("Grantee") to operate an open air caf~ adjacent to its existing restaurant, Dough Boy's California Pizza, located at 1700 Atlantic Avenue, until April 30, 2001, conditioned on Grantee's (a) compliance with the conditions set forth in its 32 33 34 35 36 37 38 agreement with the City, dated July 7, 2000; (b) provision of liability insurance coverage, a security bond, and the applicable franchise fee; and (c) compliance with all of the terms and conditions of the Franchise Agreement; and 2. That the City Manager, or his duly authorized designee, is hereby authorized to enter into a Franchise Agreement with Grantee subject to the aforementioned conditions. 39 4O Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 day of July , 2000. CA-7796 ORDIN~NONCODE[Virginia George.ord JULY 7, 2000 R2 APPROVED AS TO CONTENT: ~DD~nvention & Visito~ ve 1 opment APPROVED AS TO LEGAL SUFFICIENCY: C~y Attorney's Office Item V-O. 1. - 66- ITEM # 46944 Mayor Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of l, qrginia, as amended, for the following purpose: PUBLICLY-HELD PROPERTY: Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly-held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.1-344(A)(3). To-Wit City of Norfolk Property in Virginia Beach, including Stumpy Lake LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other spec~c legal matters requiring the provision qf legal advice by counsel pursuant to Section 2.1-344(A)(7). City of Norfolk Property in Virginia Beach, including Stumpy Lake Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council voted to proceed into CLOSED SESSION. Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, William l~. Harrison, Jr., Barbara M Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, ~qce Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None (Time of Closed Session: 8:40 P.M. to 9:00 P.M.) July L 2000 - 67- ITEM # 46945 Mayor Meyera E. Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, July 11, 2000, at 9:00 P.M Council Members Present: Linwood O. Branch, IIL Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr. Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Absent: None July H, 2000 CERTIFICATION OF CLOSED SESSION ITEM # 46946 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Eure, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, ~'ce Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None July l l, 2000 CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 46944, Page 6(5, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. Rff~h Hodges~mi~h, MMC City Clerk July 11, 2000 Item V-P. ADJOURNMENT ITEM # 46947 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 9:02 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk ~ Smith, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia July l l, 2000 City of Virginia Beach Summary of Council Actions o H M B A C M E S B R H C A R P E W R R E J L N N A S I DATE: July 11, 2000 A E I N O A D D R S L PAGE:I N U S L N N I O K O S AGENDA C R O E E A G R E M O ITEM# SUBJECT MOTION VOTE H E N Y S N O F R S N I BRIEFINGS: a. VA. BEACH OUTDOORS PLAN James B. "Barry" 2000 Frankenfield, Planner III Parks & Rec b. SPOT BLIGHT Andrew M. Friedman, Director Dept. of Housing & Neighborhood Preservation c. TROLLEY SYSTEM Michael Townes, Exec. Dir. HRT Michael Perry, Chief Ops. Officer HRT d. BOARDWALK TRAM Dale Castelow, Transportation Planning Coordinator II/III/ CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y IV/ SESSION ADD ON D/E/F MINUTES-JulyS, 2000 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y G/ Resolution reaffirming importance of ADDED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y ADD Stumpy Lake / declaring surrounding ADOPTED ON land should not be developed except when consistent with Comp. Plan / for health & safety of this community H PRESENTATION: VA. MARINE SCIENCE MUSEUM, Presentation & Phase III Public Hearing - C. Mac Rawls, Ex. Dir. of Museums & Cultural Arts I PUBLIC HEARINGS 1. Acquisition of property adjoining no speakers Little Neck Rd. for OPEN SPACE FY 2001 Capital Budget Amendment 2. Real Estate Assessments On-Line Jerald D. Banagan, City Assessor City of Virginia Beach Summary of Council Actions o H M t3 A C M E S B R H C A R P E W DATE: R R E J L N N A S I PAGE:2 A E I N O A D D R S L N U S L N N I O K O S AGENDA C R O E E A G R E M O ITEM# SUBJECT MOTION VOTE H E N Y S N O F R S N J/1 Ordinances to AMEND the City Code: ADOPTED ALL, 11-0 Y Y Y Y Y Y Y Y Y Y Y BY CONSENT a. §§ 2-129, 2-130, 2-137/ADDING § 2-140 re Grievance Procedure b. Repealing § 23-30/Adding Chapter 18.5 re massage therapy c. §§35-136/35-140/35-143.1 re meal taxes to reflect state law 2 Ordinance to AMEND Comp. Plan to ADOPTED/ 10-1 Y Y Y Y Y N Y Y Y Y Y incorporate Princess Anne Corridor AMENDED, BY study CONSENT ' 3 Ordinance to establish transition rules DEFER to ll-0 Y Y Y Y Y Y Y Y Y Y Y for retail establishments / shopping 8/22/00 ~ 6 pm, centers BY CONSENT 4 Ordinance to ACCEPT/ ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE $69,149 from Va. CONSENT Criminal Justice to Comwlth. Atty. re Crime victims/witness 5 Ordinance to APPROPRIATE $76,719 ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y from Va. Comp. Service to CSB / CONSENT $46,330 from client services to Mental Health re emotionally troubled youth 6 Ordinance to APPROPRIATE ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $2,200,000 to Open Space site CONSENT acquisition (Little Neck area) 7 Ordinance to ACCEPT/ ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE a $1000,000 grant CONSENT from U.S. Dept. of Justice to Fire Dept. re terrorism protection 8 Resolution requesting US Navy ADOOPTED 9-1 Y Y Y Y Y N Y Y A Y Y consider OCEANA NAS as preferred B alterative for all F/A-18 E & F super S Hornet aircraft/construct outlying field T to Fentress A I N E D 9 Resolution to ENDORSE HRT's Tram ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y System on Boardwalk CONSENT 10 Resolution to AUTHORIZE Lease ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Modification Agreement between CONSENT Dev. Authority / First Union Nat. Bk./ City/AMBAC re Social Services Bldg. 11 LICENSE REFUNDS: $9,325.65 ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT City of Virginia Beach Summary of Council Actions o H M B PAGE: 3 A E N O D R L N U L N O K S AGENDA C R E E R E O ITEM# SUBJECT MOTION Fi E Y S F R N VOTE L/1 STREET CLOSURES: (BEACH DISTRICT - 6) a. FRANKLIN M. / JOELLEN APPROVED/ 11-0 Y Y ( r Y r i Y Y Y Y FITZGERALI~ alley Crotan Beach CONDITIONED/ RECORDED ORDINANCE BY CONSENT b. BOYI~ CORPORATION alley APPROVED/ 11-0 Y Y i ~ Y South Atlantic Ave./Crotan Beach CONDITIONED/ RECORDED ORDINANCE BY CONSENT 2 I)ONAVON E. BONNEY CUP: auto APPROVED / 11-0 Y Y Y detailing at 1800 Princess Anne Rd. CONDITIONED, (PRINCESS ANNE - DISTRICT 7) 3Y CONSENT 3 CFlARLES F. BOWI)EN COZ from ALLOWED 10-0 Y Y R-30 to Conditional R-20 on Wakefield WITHDRAWAL Dr./Selray Dr. Thoroughgood (BAYSIDE DISTRICT - 4) 4 M&K INVESTMENTS COZ from R- APPROVED AS 11-0 Y 5 7.5 to Conditional A-18., Woodland, PROFERRED 24t~ St. Barbeton Dr. BY CONSENT (BEACH DISTRICT - 6) 5 TERRY/PETERSON DEFERRED TO 11-0 RESIDENTIAL TEN COZ. from R-7.5 8/8/00 ~ 2 PM to A-12 with PD-H2 on Indian River BY CONSENT Rd/Sandpebble Dr. (CENTERVILLE DISTRICT- 1) 6 Ordinances of CITY to AMEND CZO: ADOPTED, BY 11-0 CONSENT a. § 107 re conditional zoning agreements to be prepared by an attorney b. § 111, definitions/Article 2 CZO DEFERRED TO 11-0 ADDING Part D re design / 8/22/00 BY standards for retail establishments CONSENT 7 Ordinance to AMEND Site Plan ADOPTED, BY 11-0 Ordinance re fees/proceedures for CONSENT floodplain variances L APPOINTMENT S: HAMPTON ROADS PLANNING DISTRICT COMMISSION Appointed: Robert C. Mandigo 2 year terms 11-0 Reappointed: William W. Harrison 7/1/00-6/30/02 Louis R. Jones Meyera E. Oberndorf City of Virginia Beach Summary of Council Actions o H M B A C M E S B R H C A R P E W DATE.' R R E J L N N A S I PAGE:4 A E I N O A D D R S L AGENDA N U S L N N I O K O S C R O E E A G R E M O ,ITEM# SUBJECT MOTION VOTE H E N Y S N O F R S N H R T COMMISSION Appointed: Rosemary Wilson 2yearterms 11-0 Y Y y y y y y y y y y Reappointed: W.D. Sessoms, Jr. 7/1/00-6/30/02 REVIEW & ALLOCATION COMM. (COIG) Appointed: Mary L. Denny Representative - 11-0 Y Y Y y y y y y y y y Library Board no term COMMUNITY SERVICES BOARD RESCHEDULED B Y C O N S E N S U $ HEALTH SERVICES ADVISORY BD M/N Ordinance to AMEND City Code§6-- ADDED/ 11-0 Y Y y y y y y y y y y ADD 120.2 re regulation of personal ADOPTED ON watercraft rentals Ordinance re franchise to VIRGINIA ADDED/ 11-0 Y Y Y y y y y y y y y GEORGE CO. for an Open Air Cafe' ADOPTED Recess to Closed Session re STUMPY APPROVED 11-0 Y Y Y y y y y y y y y LAKE ~ 8:40 pm CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y y y y y y y y y y O ADJOURNMENT: 9:02 PM B Y C O N S E N S U S PUBLIC NOTICE: EFFECTIVE IMMEDIATELY (due to the renovation of the City Council Chamber) INFORMAL MEETINGS OF THE CITY COUNCIL and PLANNING COMMISSION will continue in the City Hall Conference Room, Building No. 1 FORMAL MEETINGS OF THE CITY COUNCIL, PLANNING COMMISSION and WETLANDS will be held in the SCHOOL BOARD MEETING ROOM, Building No. 6 (see attached map) FORMAL CITY COUNCIL MEETINGS: 2nd TUESDAYS at 2:00 PM 4th TUESDAYS at 6:00 PM