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Home My WebLink AboutDECEMBER 12, 2000 MINUTESCITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR WILLIAM D. SESSOMS, JR., At-Large LINWOOD O. BRANCH, I11, Beach - District 6 MARGARET L. EURE, Centerville - District 1 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 ROSEMARY WILSON, At-Large JAMES K. SPORE, City Manager LESLIE L. LILLEY, City Attorney RUTH HODGES-SMITH, MMC, City Clerk of Vir inia l each "COMMUNITY FOR A LII=I~IIME'' CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 427-4304 FAX: (757) 426-5669 EMA IL: Ctycncl @ city. virginia -beach~ va. us December 12, 2000 I. CITY MANAGER'S BRIEFINGS - Conference Room - 10:30 AM CAFR RESULTS FOR JUNE 30, 2000 [15 min.] Patricia A. Phillips, Director, Department of Finance BEACH HEALTH CLINIC [30 min.] Angela Scott, Executive Director II. REVIEW OF THE AGENDA III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - 12:30 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend C. Marcus Engdahl Good Shepherd Lutheran Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS December 5, 2000 Go AGENDA FOR FORMAL SESSION The Consent ~4genda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. PUBLIC HEARING 1. EXCESS CITY-OWNED PROPERTY - Bonney Road I. ORDINANCES/RESOLUTION Ordinance to DECLARE Parcels A and B on the northeast side of Bonney Road, (former Days Inn Hotel Site and Unclaimed Freight Facility), EXCESS PROPERTY as shown on that certain plat entitled, "Partition Plat of Property of COBO Corporation, Kempsville Borough, Virginia Beach, VA; and, to AUTHORIZE the City Manager to convey same to BRANWICK ASSOCIATES, INC. , for $1,200,000. (ROSE HALL - DISTRICT 3 formerly KEMPSVILLE BOROUGH). Ordinance to APPROPRIATE $750,000 from capital project, Library Renovations and Replacements, re an interest-free loan to the Beach Health Clinic (BHC) for the acquisition of property for the relocation of operations to a new clinic. Ordinance to ACCEPT and APPROPRIATE $281,000 in Section 8 revenue from the federal government to the FY 2000-2001 operating budget of the Department of Housing and Neighborhood Preservation re providing housing subsidies to low and moderate income citizens; and, estimated revenue from the federal government be increased accordingly. Ordinance to ACCEPT and APPROPRIATE a $31,000 grant from the Virginia Department of Environmental Quality to the FY 2000-01 operating budget of the Department of Museums and Cultural Arts re maintaining a statewide stranding network and database; and, estimated revenue from the state government be increased accordingly. Ordinance to establish a new capital project, "Redistricting-2000 Census"; and, TRANSFER $200,000 from completed capital projects re engaging the services of an election specialist to assist in redrawing the boundary lines of the City's seven residence districts. Ordinance to TRANSFER $75,000 from the General Fund Reserve for Contingencies to the FY 2000-01 operating budget of the Department of Housing and Neighborhood Preservation re emergency safety inspections of open parking structures. Resolution re issuance by the Norfolk Airport Authority of its Industrial Development Revenue Bonds, in an amount not to exceed $2,500,000, for Virginia Beach Friends School re acquisition, construction and equipping of class rooms, expanded library, a gymnasium with stage, athletic fields and administrative offices. PLANNING PLANNING BY CONSENT - To be determined during the Agenda Review Session. Application of EDWIN S. EPSTEIN, MD, for an expansion of a nonconforming use to allow enlargement and improvements to a single-family residence at 60~ Street and Ocean Front Avenue (106 60th Street - Unit 106B) in the R-5R Residential Resort District, containing 8,750 square feet (LYNNHAVEN - DISTRICT 5). Deferred: Recommendation: November 14, 2000 APPROVAL Application of TRUCK CENTER OF TIDEWATER, INC., for a Conditional Use Permit re a bulk storage yard on the east side of South Military Highway, north of Alexandria Avenue (728 S. Military Highway), containing 20,037.6 square feet (CENTERVILLE - DISTRICT 1) Deferred: Recommendation: December 5, 2000 APPROVAL Application of SUBURBAN CHRISTIAN CHURCH for a Conditional Use Permit for a church on thc northwest and southwest comers of Bellamy Manor Drive and Mcighan Drive (5132 Bellamy Manor Drive), containing 3.328 acres (KEMPSVILLE - DISTRICT 2) Recommendation: APPROVAL Application of WYCLIFFE PRESBYTERIAN CHURCH for a Conditional Use Permit for a church addition at the southwest corner of North Great Neck Road and Millwood Road (1445 North Great Neck Road), containing 8.31 acres (LYNNHAVEN - DISTRICT 5). Recommendation: APPROVAL o Application of ASSOCIATION FOR THE PRESERVATION OF VIRGINIA ANTIQUITIES for a Conditional Use Permit for a private museum on the south side of Wishart Road, west of Bailewick Drive (4405 Wishard Road), containing 4.9 acres (BAYSIDE - DISTRICT 4). Recommendation: APPROVAL o Applications of VEHICLE RECYCLING SOLUTIONS, L.L.C at the northeast intersection of Sykes Avenue and Southern Boulevard (100 Sykes Avenue), containing 23.52 acres (BEACH - DISTRICT 6): Change of Zoning District Classification from I-1 Light Industrial District to Conditional I-2 Heavy_ Industrial District b. Conditional Use Permit for the storage or processing of salvage, scrap or junk autos Deferred: Recommendation: November 28, 2000 APPROVAL Application of REGENT UNIVERSITY for a Change of Zoning District Classification from R-SD Residential Duplex District to 0-2 Office District on the west side of Centerville Turnpike, south of Indian River Road, containing 9.432 acres (CENTERVILLE - DISTRICT 1). Recommendation: APPROVAL Application of the CITY OF VIRGINIA BEACH to AMEND the Comprehensive Plan re Chesapeake Bay Preservation Act and Floodplains. Recommendation: APPROVAL APPOINTMENTS HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION VIRGINIA BEACH FOUNDATION - Distribution Committee L. UNFINISHED BUSINESS M. NEW BUSINESS 1. ABSTRACT OF CIVIL CASES RESOLVED - November 2000 N. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 12/07/00BAP AGENDA\ 12-12-00.PLN www.virginia-beach.va.us MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 12, 2000 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING re CAFR RESUL TS as of JUNE 30, 2000 in the Council Conference Room, City Hall Building, on Tuesday, December 12, 2000, at 10:30 A.M. Council Members Present: Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Reba $. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker and Rosemary Wilson Council Members Absent: Vice Mayor William D. Sessoms, Jr. [ENTERED: 10:55 A.M.] William W. Harrison, Jr. [ENTERED: 12:23 A.M.] Mayor Oberndorf advised the Commissioner of the Revenue will deliver Christmas Lunch at 12:30 P.M. -2- CITY MANAGER'S BRIEFING CAFR RESULTS FOR JUNE 30, 2000 10:30 A.M. ITEM # 4 7506 Patricia A. Phillips, Director - Department of Finance, advised once again Pete Marwick - Auditor has completed the audit for the City and rendered an unqualified, clean opinion. The Comprehensive Annual Financial Report (CAFR) represents over 100, 000 City transactions. Mrs. Phillips expressed appreciation to Robert Hayes - Comptroller, Don Barrett, Richard Lester, Nancy Leavitt, Patti Porter, Linda Harris, Trudy Rogers, Arlene Nay, Morris Freelon, Paul Harris and Joanne Griggs - Internal Audit. Mrs. Phillips introduced Elizabeth Foster - Partner, and Christine Toronto - Manager with Peat Marwick, who have provided a tremendous amount of leadership in preparing this document. GENERAL FUND COMPARISON OF BUDGET TO ACTUAL FY 1999-2000 MILLIONS Revenues & Transfers Expenditures & Transfers Budgeted $ 600.1 $ 630. 7 Actual $ 605.4 $ 604.6 Difference $ 5.3 $ 26.1 Percentage Difference O. 8% 4.0% General Governmental Revenues by Source Increased 7.9% Over FY 1999 SOURCE FY 2000 AMOUNT % CHANGE FROM (In Millions) Local Sources $ 577.8 7.9 From Commonwealth 338.6 8.1 From Federal Government 65.5 6.9 TOTAL REVENUES ~ 981.9 7. 9 General Governmental Revenues Local Sources Increased 7.9% SOURCE FY 2000 AMOUNT INCREASE/(DECREASE) % CHANGE FROM (In Millions) AMOUNT (In Millions) General Property Tax $ 354.5 $ 28.6 8.8 General Sales 38.2 1.2 3.3 Business License Taxes 27.1 1.7 6.8 Utility Taxes 32.1 1.5 4.9 Meal Taxes 24.4 1.3 5.5 Hotel Taxes 11.3 0.7 6.6 Amusement Taxes 3. 7 0.2 4.9 Charges for Services 33.5 5. 7 20. 6 All Other Taxes 53.0 1.7 3.4 TOTAL LOCAL ~ 577.8 ~ 42.6 7.9 December 12, 2000 -S- CITY MANAGER'S BRIEFING CAFR RESUL TS FOR JUNE $0, 2000 ITEM # 47506 (Continued) Marine Science Museum is now being included in Charges for Services ($5-MILLION) ; therefore, the 7. 9 % Total Local Source Change from FY 1999, is not to be expected every year. In 1999, this increase was less than3%. This is a goodyear, but not expected to continue. General Fund Undesignated Fund Balance June 30, 2000 (In Millions) Total Fund Balance June 30, 2000 $ 95.1 Less: Reservations and Designations 40.3 Undesignated Fund Balance $ 54.8 Less: Amount Appropriated - Gainsharing 1.0 Less: Fund Balance Policy - 75. 0% 53.6 Amount above Policy ~ 0.2 The Fund Balance for FY 2000 was 9.1% of the revenues. This is slightly less than previously experienced, but that was a conscious decision on City Council's part. Relative Schools, the estimated revenues anticipated were on the plus side. Their expenditures were less than budget. Therefore, schools balanced and managed their funds successfully, which enabled them to have the Reversion of approximately $9.7-MILLION and the true Operations for a total of approximately $13- MILLION. The Tourism Growth Investment Special Revenue Fund (TGIF) had Revenues of $11.3-MILLION with Expenditures and Transfers of $13.9-MILLlON resulting in a Fund Balance as of June 30 of $1.5-MILLION, some of which has already been utilized in the current fiscal year. The fund balance is estimated to be approximately $700,000. Therefore, there is not any excess revenue at this time. The Governmental Accounting Standards Board (GASB) publishes Generally Accepted Accounting Principals for State and Local Governments. Mrs. Phillips advised their issuance of Statement No. $4, will influence the CAFR of 2002. Establishes a new framework or "reporting model"for state and local government. Biggest change in the history of public-sector accounting. Government-wide financial reporting Requirement to either depreciate assets or prepare assessment of infrastructure An implementation plan has been prepared Will be focus of efforts over next 18 months Peat Marwick has been engaged to provide an implementation plan for the adherence to Statement No. 34. There are 70 components to the Plan, which will commence full force after Christmas. This will be a major endeavor. Mrs. Phillips advised the majority of Hampton Roads cities' revenue has not decreased. Suffolk had a change in their method of assessment and taxes. Generally speaking the cities have increased their revenue in the Hampton Roads area. Many new projects have influenced the increase in the General Property Tax. December 12, 2000 OFFICE OF THE CITY MANAGER t757) 427-4242 FAX (757) 427-4135 TDD (757) 427-4305 City of Virginia Bcach MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-9001 December 8, 2000 The Honorable Mayor Members of City Council Dear Council Members: Attached is a copy of the Comprehensive Annual Financial Report (CAFR) for the year ended June 30, 2000. Mrs. Patricia Phillips will make a brief presentation to Council regarding the CAFR on December 12; copies of the overheads for that presentation are also attached. Very truly yours, ~K. Spore M,,City Manager JKS/PAP/paw enc F \l~'sers,PEWilliaX~PHILLIPS" Jkscati-20011 MEMORANDUM Date: December 8, 2000 To: James K. Spore, City Manager From: Patricia A. Phillips, Director of Finance Subj: Presentation to City Council - 2000 Comprehensive Annual Financial Report (C~dm) Recently, the firm of KPMG Peat Marwick completed the audit of the City's financial records for the year ended June 30, 2000. Once again, the auditors have given the City an unqualified opinion (clean opinion) on its financial presentation and record keeping. In general, the comments received from the auditor were favorable. A brief presentation to City Council can be made on December 12, 2000 to present the highlights from the Financial Report. Enclosed is a copy of the overheads that will be used in summarizing the revenues, expenditures, and balance sheets for the various funds in a simple format. Copies of the 2000 CAFR will be included in each City Council member's package for this meeting. As a result of the audit, the Undesignated General Fund Balance is $54.8 million at June 30, 2000, or $1.2 million in excess of Council policy at the 75% level, after reflecting reservations for School and City capital projects appropriated for Fiscal Year 2000-2001, as well as other required reservations. A portion ($973,000) of the Fund Balance has been appropriated for gainsharing, leaving approximately $200,000 above the minimum policy level. The Undesignated General Fund Balance represents 9.1% of revenues, a lower amount than the City has maintained in many years. It reflects Council's decision to use part of the General Fund Balance to fund needed capital projects; it also recognizes that the need to maintain a higher balance is no longer necessary due to the successful completion of Lake Gaston. General Fund revenues (and transfers in) were $605.4 million, or just .8% over estimated revenues. Total general government revenues increased 7.9% over 1999. General property taxes increased 8.8% and other local taxes increased 4.2%. Other revenues either decreased or were stable. Actual expenditures (and transfers out) were $604.6 million, or 4.0% less than budgeted appropriations. The School Operating Special Revenue Fund had excess revenues .over expenditures of $9.7 million. There was also an additional $3.9 million identified as additional revenues for the School Division based on actual General Fund revenues. Both of these amounts, totaling $13.6 million, have been appropriated by City Council for School Capital Projects, Instructional Technology and other School needs in accordance with Council's School Revenue Sharing Policy. (Both of these amounts are reservations of the City's General Fund Balance.) The presentation will focus on the General Fund, as well as some trend information. It is not intended to be comprehensive, but rather provide an overview that will enable Council to refer to the CAFR when needed. It should be noted that the Governmental Accounting Standards Board (GASB) has issued a pronouncement, GASB 34, titled "Basic Financial Statements and Management Discussion and Analysis for State and Local Governments". As expected, some of the changes in this new accounting statement are far reaching. In addition to the statements currently produced, local governments will be required to change their method of accounting to full accrual beginning in fiscal year 2001-2002. These full accrual statements will show in one place all of the City's operations. Depreciation, infrastructure and the maintenance on this infrastructure will be reflected in these financials and will be a major departure from current practice. An implementation plan with 70 different issues to resolve will be the focus of the accounting staff over the next 18 months. In addition, assistance from operating departments including Public Works, Public Utilities, General Services and others will be needed in order to meet GASB 34 requirements. I will, as always, be available to answer questions at any time. PAP/paw C~ Joanne Griggs Robert Hayes Don Barnett F :~,Us ers',aVEWillia~HILL I pS \JKS C AFRLTR.wpd Comprehensive Annual Financial Report Comprehensive Annual Financial Report · Introduction · Financial · Statistical · Single Audit General Fund Comparison of Budget to Actual Budgeted Actual Difference Percentage Difference FY 1999-2000 (millions) Revenues Expenditures & Transfers & Transfers $600.1 $630.7 $605.4 $604.6 $5.3 $26.1 0.8% 4.0% General Governmental Revenues by Source Increased 7.9% Over FY 1999 SOURCE Local Sources From Commonwealth From Federal Government Total Revenues FY 2000 % CHANGE AMOUNT FROM (In Millions) FY 1999 577.8 7.9 338.6 8.1 65.5 6.9 $ 981.9 7.9 2 General Governmental Revenues Local Sources Increased 7.9% SOURCE General Property Tax General Sales Business License Taxes Utility Taxes Meal Taxes Hotel Taxes Amusement Taxes Charges for Services All Other Taxes INCREASE/ FY 2000 (DECREASE) ·% CHANGE AMOUNT AMOUNT FROM (In Millions) (In Millions) FY 1999 354.5 $ 28.6 8.8 38.2 1.2 3.3 27.1 1.7 6.8 32.1 1.5 4.9 24.4 1.3 5.5 11.3 0.7 6.6 3.7 0.2 4.9 33.5 5.7 20.6 53.0 1.7 3.4 Total Local $ 577.8 $ 42.6 7.9 General Fund Undesignated Fund Balance June 30, 2000 (in millions) Total Fund Balance June 30, 2000 Less: Reservations and Designations Undesignated Fund Balance Less: Amount Appropriated - Gainsharing Less: Fund Balance Policy - 75.0% Amount above Policy $ 95.1 40.3 $ 54.8 1.0 53.6 $ 0.2 VIRGINIA BEACH, VIRGINIA FUND BALANCE AS A % OF REVENUE 20.0% 15.0% 10.0%- 5.0%- 0.0% -. 90 96 97 98 99 O0 City of Virginia Beach, Virginia School Operating Fund Statement of Revenues and Expenditures For the Fiscal Year Ended June 30, 2000 (in millions) REVENUES: CITY LOCAL FROM COMMONWEALTH FROM FEDERAL GOVERNMENT TOTAL REVENUES EXPENDITURES: INSTRUCTION ADMINISTRATION, ATTENDANCE & HEALTH PUPIL TRANSPORTATION OPERATIONS & MAINTENANCE TRANSFERS OUT TOTAL EXPENDITURES BUDGET ACTUAL VARIANCE $ 200.9 $ 191.2 $ (~7)* 1.8 2.3 0.5 242.0 240.5 (1.~ 11.7 13.7 2.0 $ 456.4 $ 447.7 $ (8.7) $ 366.7 $ 358.4 $ 8.3 19.1 15.4 3.7 22.5 19.7 2.8 ~.7 49.8 4.9 4.9 3.9 1.0 $ ~7.9 $ ~7.2 $ 19.7 4 Tourism Growth Investment Special Revenue For the Year Ended June 30, 2000 (in millions) REVENUF3: TAX RATE 2000 ~ 1999 HOTEL ROOM TAX 2% $ 3.4 $ 3.1 RESTAURANT MEAL TAX 1/2% 2.7 2.6 AM USF~M ENT TAX 10%/5% 3.7 3.5 PARKING TICKETS 0.7 0.6 OTHER 0.8 0.8 TOTAL REVENUES 11.3 10.6 EXPENDITURES & TRANSFERS (13.9) (10.2) EXCESS OF REVENUES OVER (UNDER) EXPENDITURES AND TRANSFERS (2.6) 0.4 FUND BALANCE - JULY 1 4.1 3.7 FUND BALANCE - JUNE 30 $ 1.5 $ 4.1 GENERAL PROPERTY TAX REVENUE 8.8% Actual Increase Over FY 1999 380 360 340 320 300 280 260 240 96 97 98 99 00 I --~- Actual ..... ConstantI GENERAL SALES TAX REVENUE 3.3% Actual Increase Over FY 1999 41 39 37 35 33 31 29 96 97 98 99 00 1-~- Actual -.~ Constant [ 15 12 9 6 3 0 VIRGINIA BEACH, VIRGINIA HOTEL ROOM TAX REVENUE 6.5 % increase for 2000 96 97 98 l[]Tax Revenue ..... Gross Sales ] 265 230 195 160 125 90 6 ~ 28 .~_ = 24 ~ 2O ~ 16 ~z ~2 > 8 4 < 0 VIRGINIA BEACH, VIRGINIA RESTAURANT MEAL TAX REVENUE 5.5% increase for 2000 99 00 Tax Revenue ~,... Gross Sales ] 590 ~' 540 :~ 490 ~ 440 ~ 390 -~ 340 m 290 ~ 240 ~ GASB Statement No. 34 I I I 4, Establishes a new framework or "reporting model" for state and local government. 4, Biggest change in the history of public-sector ,, accounting. 4, Government-wide financial reporting. · * 4' Requirement to either depreciate assets or prepare ~'~ assessment of infrastructure. 4' An implementation plan has been prepared. ~, 4' Will be focus of efforts over next 18 months. 7 -4- CITY MANAGER'S BRIEFING CAFR RESULTS FOR JUNE $0, 2000 ITEM # 47506 (Continued) Portions of this CAFR will appear on the City's website: www. virginia-beach, va. us. The effective buying income reflects the cost of living in the region. Per capita income is a calculated number and is the total earnings and payments in the whole region divided by the population. Concern was expressed relative assessment of property owned by non-profits. Mrs. Phillips will provide information. ,4 comment by Senator Shrock was referenced concerning the number of military personnel and dependents on food stamps. There is a disconnect between per capita income and buyingpower. Information shall be provided. Relative the Cash Management Policy, concern was expressed relative the statement: "remaining investments are held in the City's name by a third party safe keeping agent". Mrs. Phillips advised many times Investment Paper is not held at the City Hall. Bank or Trustee will hold the document for the City. This is normal practice. Elizabeth Foster advised the management letter, in conjunction with the audit, has not been issued in its final form and is related to the upcoming implementation of the GASB Statement No. 34. The City Manager advised City Council will receive presentations relative the Storm Water Management Program and Sanitary Sewer Rate Increase. Mayor Oberndorf expressed appreciation to Patricia Phillips and her staff for the impressive report and its context related to the entire Hampton Roads Region. December 12, 2000 City of Virginia Bcach OFF~CE OF THE CiTY MANAGER 1757) 427-4242 FAX (757) 427-4135 TDD (757) 427-4305 December 8, 2000 MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-9001 The Honorable Mayor Members of City Council Dear Council Members: Attached is a copy of the Comprehensive Annual Financial Report (CAFR) for the year ended June 30, 2000. Mrs. Patricia Phillips will make a brief presentation to Council regarding the CAFR on December 12; copies of the overheads for that presentation are also attached. Very truly yours, ~K. Spore K,/City Manager JKS/PAP/paw eric F:\Users'~PEWilIia\~PHILL[PSx Jkscafr2000 MEMORANDUM Date: December 8, 2000 To: From: James K. Spore, City Manager Patricia A. Phillips, Director of Finance Subj: Presentation to City Council - 2000 Comprehensive Annual Financial Report Recently, the firm of KPMG Peat Marwick completed the audit of the City's financial records for the year ended June 30, 2000. Once again, the auditors have given the City an unqualified opinion (clean opinion) on its financial presentation and record keeping. In general, the comments received from the auditor were favorable. A brief presentation to City Council can be made on December 12, 2000 to present the highlights from the Financial Report. Enclosed is a copy of the overheads that will be used in summarizing the revenues, expenditures, and balance sheets for the various funds in a simple format. Copies of the 2000 CAFR will be included in each City Council member's package for this meeting. As a result of the audit, the Undesignated General Fund Balance is $54.8 million at June 30, 2000, or $1.2 million in excess of Council policy at the 75% level, after reflecting reservations for School and City capital projects appropriated for Fiscal Year 2000-2001, as well as other required reservations. A portion ($973,000) of the Fund Balance has been appropriated for gainsharing, leaving approximately $200,000 above the minimum policy level. The Undesignated General Fund Balance represents 9.1% of revenues, a lower amount than the City has maintained in many years. It reflects Council's decision to use part of the General Fund Balance to fund needed capital projects; it also recognizes that the need to maintain a higher balance is no longer necessary due to the successful completion of Lake Gaston. General Fund revenues (and transfers in) were $605.4 million, or just .8% over estimated revenues. Total general government revenues increased 7.9% over 1999. General property taxes increased 8.8% and other local taxes increased 4.2%. Other revenues either decreased or were stable. Actual expenditures (and transfers out) were $604.6 million, or 4.0% less than budgeted appropriations. The School Operating Special Revenue Fund had excess revenues ,over expenditures of $9.7 million. There was also an additional $3.9 million identified as additional revenues for the School Division based on actual General Fund revenues. Both of these amounts, totaling $13.6 million, have been appropriated by City Council for School Capital Projects, Instructional Technology and other School needs in accordance with Council's School Revenue Sharing Policy. (Both of these amounts are reservations of the City's General Fund Balance.) The presentation will focus on the General Fund, as well as some trend information. It is not intended to be comprehensive, but rather provide an overview that will enable Council to refer to the CAFR when needed. It should be noted that the Governmental Accounting Standards Board (GASB) has issued a pronouncement, GASB 34, titled "Basic Financial Statements and Management Discussion and Analysis for State and Local Governments". As expected, some of the changes in this new accounting statement are far reaching. In addition to the statements currently produced, local governments will be required to change their method of accounting to full accrual beginning in fiscal year 2001-2002. These full accrual statements will show in one place all of the City's operations. Depreciation, infrastructure and the maintenance on this infrastructure will be reflected in these financials and will be a major departure from current practice. An implementation plan with 70 different issues to resolve will be the focus of the accounting staff over the next 18 months. In addition, assistance from operating departments including Public Works, Public Utilities, General Services and others will be needed in order to meet GASB 34 requirements. I will, as always, be available to answer questions at any time. PAP/paw C~ Joanne Griggs Robert Hayes Don Barnett F 5Users'~EWillia',~'H ILL IPSXJKS CAFRi. TR.wpd Comprehensive Annual Financial Report Comprehensive Annual Financial Report · Introduction · Financial · Statistical · Single Audit General Fund Comparison of Budget to Actual Budgeted Actual Difference Percentage Difference FY 1999-2000 (millions) Revenues Expenditures & Transfers & Transfers $600.1 $630.7 $605.4 $604.6 $5.3 $26.1 0.8% 4.0% General Governmental Revenues by Source Increased 7.9% Over FY 1999 SOURCE ~ ~ Local Sources · ~ From Commonwealth ~ From Federal Government ,.,~ Total Revenues FY 2000 % CHANGE AMOUNT FROM (In Millions) FY 1999 577.8 7.9 338.6 8.1 65.5 6.9 $ 981.9 7.9 2 General Governmental Revenues Local Sources Increased 7.9% SOURCE General Property Tax General Sales Business License Taxes Utility Taxes Meal Taxes Hotel Taxes Amusement Taxes Charges for Services All Other Taxes INCREASE/ FY 2000 {DECREASE) '% CHANGE AMOUNT AMOUNT FROM (In Millions) (In Millions) FY 1999 354.5 $ 28.6 8.8 38.2 1.2 3.3 27.1 1.7 6.8 32.1 1.5 4.9 24.4 1.3 5.5 11.3 0.7 6.6 3.7 0.2 4.9 33.5 5.7 20.6 53.0 1.7 3.4 Total Local $ 577.8 $ 42.6 7.9 General Fund Undesignated Fund Balance June 30, 2000 (in millions) Total Fund Balance June 30, 2000 Less: Reservations and Designations Undesignated Fund Balance Less: Amount Appropriated - Gainsharing Less: Fund Balance Policy - 75.0% Amount above Policy $ 95.1 40.3 $ 54.8 1.0 53.6 $ 0.2 VIRGINIA BEACH, VIRGINIA FUND BALANCE AS A % OF REVENUE 20.0% 15.0% 10.0% 5.0% 0.0% 90 96 97 98 99 O0 ' City of Virginia Beach, Virginia School Operating Fund Statement of Revenues and Expenditures For the Fiscal Year Ended June 30, 2000 (in millions) REVENUES: CITY LOCAL FROM COMMONWEALTH FROM FEDERAL GOVERNMENT TOTAL REVENUES EXPENDITURES: INSTRUCTION ADMINISTRATION, ATTENDANCE & HEALTH PUPIL TRANSPORTATION OPERATIONS & MAINTENANCE TRANSFERS OUT TOTAL EXPENDITURES BUDGET ACTUAL VARIANCE $ 200.9 $ 191.2 S (9.7) * 1.8 2.3 0.5 242.0 240.5 (1.5) 11.7 13.7 2.0 $ 456.4 $ 447.7 $ (8.7) $ 366.7 $ 358.4 $ 8.3 19.1 15.4 3.7 22.5 19.7 2.8 ~4.7 49.8 4.9 4.9 3.9 i.0 $ 467.9 $ 447.2 $ 19.7 4 REVENUES: TAX RATE 2000 1999 HOTEL ROOM TAX 2% $ 3.4 $ 3.1 RESTAURANT MEAL TAX 1/2% 2.7 2.6 AMUSEMENT TAX 10%/5% 3.7 3.5 PARKING TICKETS 0.7 0.6 OTHER 0.8 0.8 TOTAL REVENUES 11.3 10.6 EXPENDITURES & TRANSFERS (13.9) (10.2) EXCESS OF REVENUES OVER (UNDER) EXPENDITURES AND TRANSFERS (2.6) 0.4 FUND BALANCE - JULY 1 4.1 3.7 FUND BALANCE - JUNE 30 $ 1.5 $ 4.1 Tourism Growth Investment Special Revenue Fund For the Year Ended June 30, 2000 (in millions) 38O 360 340 320 300 280 260 240 GENERAL PROPERTY TAX REVENUE 8.8% Actual Increase Over FY 1999 96 97 98 99 00 [.-~- Actual ConstantI 5 GENERAL SALES TAX REVENUE 3.3% Actual Increase Over FY 1999 41 39 37 35 33 31 29 96 97 98 99 00 [ -~- Actual --- ConstantI 15 12 9 6 3 0 VIRGINIA BEACH, VIRGINIA HOTEL ROOM TAX REVENUE 6.5 % increase for 2000 96 97 98 I[]Tax Revenue ..... Gross Sales 265 23O 195 160 125 90 VIRGINIA BEACH, VIRGINIA RESTAURANT MEAL TAX REVENUE g- 28 = 24 ,.~ 20 ca 16 ~z ~2 > 8 < 0 5.5% increase for 2000 590 ~ -540 ~ .490 ~ - 440 ~ 390 ~ 340 m - 290 m .240 ~ 99 ( ~ [[]Tax Revenue ... Gross Sales GASB Statement No. 34 Establishes a new framework or "reporting model" for state and local government. Biggest change in the history of public-sector accounting. Government-wide financial reporting. Requirement to either depreciate assets or prepare assessment of infrastructure. An implementation plan has been prepared. Will be focus of efforts over next 18 months. 7 CITY MANAGER'S BRIEFING BEACH HEAL TH CLINIC ll:OO A.M. ITEM # 47507 Angela Scott, Executive Director- Beach Health Clinic, a position she has held for three (3) years, requested assistance. The Beach Health Clinic is a Volunteer driven community based clinic that provides free medical services to the uninsured, impoverished residents of Virginia Beach. Currently, the Clinic is located at 302 22'a Street, which is right at the Oceanfront on the corner of Pacific Avenue and 22nd Street in a building owned by the City and leased for $1.OO per year. Growth is anticipated over the next several years. In the last three years, the Clinic has doubled the number of patient visits from fewer than 6, 000 to a projection of over 12, 000. Anticipating this growth, the Clinic has been looking for a new facility which will allow them to absorb this growth and be prepared for expansions in the future. In the news recently, many private insurers are having to pass on the cost of insurance in double digit figures. It is expected small companies will have to wrestle with the issue of whether they can continue to insure their employees. The Clinic was not successful in finding a donated facility. Every provider in the Clinic volunteers their time. There is only a very small staff. Because of that model, on a budget of $213,000 - $245,000, the Clinic actually provides back to the community, nearly $2-MILLION in free services. Mrs. Scott requested the City of Virginia Beach consider providing a loan for a term of five (5) years. A Capital Campaign will be launched to raise the funds to repay that loan. The United Way has endorsed and included the Beach Health Clinic in their Capital Campaign which will be launched in the next twelve (12) months. The United Way has guaranteed the Clinic 4096 of the total capital cost. The City is already evaluating and prepared to make a final decision on capital campaign consultants to assist in the raising offunds. $150,000 has been set aside for the down payment. The new facility currently has two tenants with four and six year leases. This will provide a guaranteed income stream for the clinic. Cost and Site Property selected at 3400 Holland Road near intersection of Lynnhaven Parkway Site is within 5 miles of 25% of current patients serviced Location is within 5 miles of Bayside Hospital and Leigh Memorial Hospitals Current use of facility is medical/dental Adjacent to self-storage facility for medical records and equipment Building has 60 parking places and multiple entrances for flexible floor plan 3,200 square feet requires build out and minimal renovations 2 tenants will generate $50, O00per year in rental income Rental income will be used to pay temporary interest free loan and later to cover replacement and repair Ability to expand after 4 years if necessary by option not to renew one or both of tenants leases. Ability to expand anytime by covering with an atrium a walkway between the main building and the out parcel occupied by one tenant Purchase price $900,000, including cost of build-out. Council Lady Henley advised the Clinic's present building is considered an historical structure and those involved with Historical Preservation effort should comment relative the proper utilization. December 12, 2000 CITY -6- MANAGER'S BRIEFING BEACH HEAL TH CLINIC ITEM # 47507 (Continued) Mrs. Scott advised there are 53,000 uninsured citizens living in Virginia Beach. The location selected is within 5 miles of 25% of the patients already served. It is located right across the street from Green Run convenient to many of the neighborhoods and on central transportation. A bus line runs right in front of the building. The Beach Clinic had concerns relative relocating from the Oceanfront and their relationship with the Judeo-Christian Outreach Center and the VOA Lighthouse Program. A small number of the patients are being served by those two facilities and are characterized as homeless. Transportation would be an issue. A grant has been developed to cover the cost of insurance for a Van to be utilized for transportation from both of those sites to the new clinic and back. A similar situation exists' with the Salvation Army. Wednesday evenings, Eastern Virginia Medical Services (Medical College of Hampton Roads) personnel staff the Clinic. The Clinic will select the Capital Campaign consultants December 22, 2000, with the hope of closing on the proposed facility the first week of January 2002, and after some renovation, for a move-in by March or April. Further adjustments in the public health system are anticipated. December 12, 2000 -7- AGENDA RE VIE W SESSION 11:22 A.M. ITEM # 4 7508 Ordinance to DECLARE Parcels A and B on the northeast side of Bonney Road, (former Days Inn Hotel Site and Unclaimed Freight Facility), EXCESS PROPERTY as shown on that certain plat entitled, "Partition Plat of Property of COBO Corporation, Kempsville Borough, Virginia Beach, VA; and, to AUTHORIZE the City Manager to convey same to BRANWICK ASSOCIATES, INC. , for $1,200,000. (ROSE HALL - DISTRICT 3 formerly KEMPSVILLE BOROUGH). Council Lady Eure wished to vote a NA Yon this item. This item will be discussed during the Formal Session. ITEM # 4 7509 1.2. Ordinance to APPROPRIATE $ 750,000 from capital project, Library Renovations and Replacements, re an interest-free loan to the Beach Health Clinic (BHC) for the acquisition of property for the relocation of operations to a new clinic. Assistant City Attorney Randall Blow advised he confirmed any United Way Capital allocations will be paid to the City immediately. Mr. Blow wishes to revise the last sentence in the Ordinance to state: That the loan shall be repaid in five (5) annual installments of $75,000 each, due on the 31st day of December each year, with the first installment due on or before December 31, 2001, and the last installment due on or before December 31, 2005,,,,~,,,~-' - ~',;~ ,,,~ .... ~' ....... w *' ....... alongwtth any outstanding loan balance. ITEM # 4 7510 Ordinance to establish a new capital project, "Redistricting-2000 Census"; and, TRANSFER $200,000 from completed capital projects re engaging the services of an election specialist to assist in redrawing the boundary lines of the City's seven residence districts. Councilman Branch will vote a VERBAL NAY on this item. ITEM # 4 7511 Ordinance to TRANSFER $75,000 from the General Fund Reserve for Contingencies to the FY 2000-01 operating budget of the Department ofHousing and Neighborhood Preservation re emergency safety inspections of open parking structures. Council Lady McClanan inquired if the City Attorney's office was totally involved in all aspects of this process. The City Attorney advised they have been involved in all aspects. The process being followed was the process discussed and recommended by the City Attorney. When a problem with the garage is identified, the City requests the owner employ a structural engineer to devise a proposed solution. The actual ",fix" must be the owner's responsibility. CounciI Lady Eure inquired if there was a cost to the property owner for this type of inspection. Andrew Friedman, Director- Housing and Neighborhood Preservation, advised there is no cost for the City inspection. The review by the consultant is being paid by the requested transfer of funds. There will be cost imposed on the owners of the aforementioned structures, who have been required to make modifications. The area identified as unsafe may not be used until and unless plans have been submitted, approved and executed to eliminate the unsafe conditions. Physical barriers, installed by the owners, prevent the usage of areas declared "unsafe". On October 19, 2000, Chief Operating Officer, C. Oral Lambert, submitted a notice to all owners of parking structures, stating the City advises and urges to have a professional examine the structural integrity to ensure the safety of the structure. Council Lady Parker assumed the Hotel/Motel Association understands the economic impact, if the owners do not ensure the safety of the structure. Mr. Friedman advised there will be no threat to the public safety from this point forward unless someone violates the order not to utilize the unsafe areas. December 12, 2000 City of Virginia Flcaeh OF'F~CE OF THE CITY MANAGER (804) 427-4242 FAX (804) 427-4135 TOO (804) 427-4305 MUNICIPAL CENTER VIRGINIA BEACH VIRG!NfA 23456-9001 December 11, 2000 The Honorable Mayor and Members of City Council Municipal Center, Building 1 Virginia Beach, VA 23456 Dear Council members: As you know, in October of this year, in response to the tragic accident at the Sandcastle Hotel, we initiated emergency inspections of open parking structures, and engaged an outside expert to assist us with them. An interim report of our findings, and actions we have taken, is attached for your information. In summary, the Department of Housing and Neighborhood Preservation has ordered the closure of parking facilities at six (6) locations. The owners of these structures have been notified to submit plans for corrective action to the Planning Department. The structures will remain closed until corrective actions have been completed and they' have been approved for use. The other twenty-two (22) open parking structures built prior to 1997 were found to have no open and obvious unsafe conditions that would require closure to protect public safety. However, this should not be seen as guarantee of their safety. The non-invasive nature of the inspections may not have identified structural concerns which are not open and obvious. Since it is the responsibility of the owners of these parking structures to insure that their facilities are safe, they are being advised to have their own professional examine the structural integrity of their structures to insure public safety. The final detailed inspection reports have not been received from Desman Associates. The reports are expected by the end of this month. Based on those reports, staff will submit a more complete report on the conditions found, and include an update on corrective actions. Please let me know if you need any additional information. With Pride in Our City ~Spore x,x,~ity Manager Interim Report on Open Parking Structure Inspections December 6, 2000 Prepared by: Housing and Neighborhood Preservation Code Enforcement Division Inspection Results Open & Obvious No Open & Name of Property Location of Property Date of unsafe conditions Obvious unsafe City Action Inspection exist conditions exist 10/20/00 Unsafe notice issued. 5th floor Sandcastle Oceanfront 1307 Atlantic Avenue X closed for use. Plans for corrective action have been submitted and approved by Permits and Inspections 10/20/00 Unsafe notice issued. Above Dolphin Run 303 Atlantic Avenue X grade floors closed for use. Plans for corrective action required. 10/20/00 Unsafe notice issued. Above Chesapeake House 3558 Shore Drive X grade floor closed for use. Plans for corrective action required. Ambassador Suites 2315 Atlantic Avenue 11/28/00 Unsafe notice issued. Above X grade floor closed for use. Plans for corrective action required. Roadway Inn 1005 Pacific Avenue 11/09/00 Unsafe notice issued for six parking spaces on above grade X floor. Spaces to remain permanently closed or plans presented for corrective action. Clarion Resort & 501 Atlantic Avenue 11/09/00 * Inspection results letter and Conference Center X advisory notification issued. Colonial Inn 2809 Atlantic Avenue 11/09/00 * Inspection results letter and X advisory notification issued. Ocean Keys Resort 424 Atlantic Avenue 11/09/00' * Inspection results letter and X advisory notification issued. Ocean Sands Resort Hotel 2209 Atlantic Avenue 11/09/00 X * Inspection results letter and advisory notification issued. Page 1 * A copy of the generic inspection results letter used and the advisory notification are attached. Inspection Results Date of Open & Obvious No Open & Name of Property Location of Property Inspection unsafe conditions Obvious unsafe City Action exist conditions exist 11/28/00 * Inspection results letter and Oceanside Condominium 401 Atlantic Avenue X advisory notification issued. 11/28/00 * Inspection results letter and Station One 2321 Atlantic Avenue X advisory notification issued. 11/28/00 * Inspection results letter and New Castle Motel 1201 Atlantic Avenue X advisory notification issued. 11/28/00 * Inspection results letter and Surfside Inn 1211 Atlantic Avenue X advisory notification issued. 11/28/00 * Inspection results letter and Breakers Resort Inn 1503 Atlantic Avenue X advisory notification issued. 11/28/00 * Inspection results letter and The Dolphin Inn 1705 Atlantic Avenue X advisory notification issued. 11/28/00 * Inspection results letter and Comfort Inn 2015 Atlantic Avenue X advisory notification issued. Page 2 * A copy of the generic inspection result~ letter used and the advisory notification are attached. Inspection Status Name of Property Location of Property Date of Open & Obvious No Open & City Action Inspection unsafe conditions obvious unsafe exist conditions exist 11/28/00 * Inspection results letter and Oceanfront Inn 2900 Atlantic Avenue X advisory notification issued. 11/28/00 * Inspection results letter and Four Sails Resort 3301 Atlantic Avenue X advisory notification issued. 11/28/00 * Inspection results letter and The Mayflower 205 34th Street X advisory notification issued. Holiday Inn Sunspree 11/28/00 * Inspection results letter and Resort Virginia Beach 3900 Atlantic Avenue X advisory notification issued. 11/28/00 * Inspection results letter and The Virginia House 3800 Atlantic Avenue X advisory notification issued. Pacific South Condominium 11/28/00 * Inspection results letter and 500 Pacific Avenue X advisory notification issued. 11/28/00 * Inspection results letter and Bank of America 210 Laskin Road X advisor), notification issued. 11/29/00 * Inspection results letter and Howard Johnsons Hotel 1801 Atlantic Avenue X advisory notification issued. Page 3 * A copy of the generic inspection results letter used and the advisory notification are attached. Inspection Results Name of Property Location of Property Date of Open & Obvious No Open & City Action Inspection unsafe conditions Obvious unsafe exist conditions exist 11/29/00 * Inspection results letter and Econo Lodge Oceanfront 2109 Atlantic Avenue X advisory notification issued. 11/29/00 * Inspection results letter and Ocean Condominium 4004 Atlantic Avenue X advisory notification issued. Virginia Beach Resort & 11/29/00 * Inspection results letter and Conference 2816 Shore Drive X advisory notification issued. N/A Built after 1996 Ramada Inn 615 Atlantic Avenue N/A Built after 1996 Ramada Inn 5600 Atlantic Avenue Court Yard By Marriott 210 28th Street N/A Built after 1996 N/A Built in 1996. Tindal Corp. 9th Street Parking Garage 200 9th Street documented that the impact load at 18 inches is 10,000 pounds. N/A Closed- Owned by City of Days Inn 4564 Bonney Road Virginia Beach Page 4 * A copy of the generic inspection results letter used and the advisory notification are attached. · ~ OUR Nk'[~( DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATIOI4 {757) 426-5750 FAX (757) 426-5766 TDD (757) 426-5794 CODE ENFORCEMENT DIVISION (7,57) 427-4421 City of Virginia MUNICIPAL CENTER BUILDING 18A 2424 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9083 December 6, 2000 John Doe 1234 John Doe Lane Virginia Beach, VA 23464 Re: Address - Open Parking Structure Dear Sir/Madam: The inspection with the assistance of Desman Associates of the above indicated open parking structure on DATE revealed no open and obvious unsafe conditions. Although no open and obvious unsafe conditions were noted, please take heed of the enclosed advisory notice. Thank you for your cooperation in this matter. Sincerely, Alexander Davis, Jr. Code Enforcement Administrator Proud Recipient of the 1998 U.S. Senate Medallion of Excellence for Productivity and Quality in the Public Sector. DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION (757) 426-575{3 FAX (757) 426-5766 TOD (757) 426-5794 CODE ENFORCEMENT DIVISION (757) 427-4421 October 19, 2000 ~ty of Virginia Beach MUNICIPAL CENTER BUILDING 18A 2424 COURTHOUSE DRIVE VIRGINIA BEACH. VA 234515-9083 To: Owners of Parking Structures Built Prior to the Requirements of the 1996 BOCA Code RE: ADVISORY NOTIFICATION In light of a recent tragic event, the City of Virginia Beach began emergency safety inspections of all parking structures built prior to 1996 for open and obvious safety problems. To further protect public safety, the City will follow up with additional inspections beginning Friday, October 20, 2000 with the assistance of Desman Associates, an engineering company hired by the City. This notification is to advise all owners and operators of parking structures in the City that substantial changes have occurred in the Building Code regarding retaining walls and vehicle barriers since many ofthese structures were built. The City advises and urges all owners to have their own professional examine the structural integrity and safety of their parking structure to insure the safety of their visitors and guests. The responsibility to insure that parking structures are safe and structurally sound rests with the owner of the facility. The City's inspection of these structures will be an emergency safety inspection, and should not be seen as a guarantee of their safety. The City's emergency safety inspection may be unable to identify some structural or safety concerns which are not open and obvious and can only be found by invasive methods, and/or a review of the structure plans, specifications and construction methods. Again, the City urges all parking structure owners and operators to have their structures examined by their own professional to insure they are safe and structurally sound. Sincerely, C. Oral Lambert Chief Operating Officer Proud Recipient of the 1998 U.S. Senate Medallion of Excellence for Productivity and (.~uality in the Public Sector. -8- AGENDA RE VIE W SESSION ITEM # 4 7512 B Y CONSENSUS, the following shall compose the CONSENTAGENDA: ORDINANCES/RESOL UTION Ordinance to APPROPRIATE $ 750, 000 from capital project, Library Renovations and Replacements, re an interest-free loan to the Beach Health Clinic (BHC) for the acquisition of property for the relocation of operations to a new clinic. Ordinance to ACCEPT and APPROPRIATE $281,000 in Section 8 revenue from the federal government to the FY 2000- 2001 operating budget of the Department of Housing and Neighborhood Preservation re providing housing subsidies to low and moderate income citizens; and, estimated revenue from the federal government be increased accordingly. Ordinance to ACCEPT and APPROPRIATE a $31,000 grant from the Virginia Department of Environmental Quality to the FY 2000-O1 operating budget of the Department of Museums and Cultural Arts re maintaining a statewide stranding network and database; and, estimated revenue from the state government be increased accordingly. 1.5. Ordinance to establish a new capital project, "Redistricting-2000 Census"; and, TRANSFER $200,000 from completed capital projects re engaging the services of an election specialist to assist in redrawing the boundary lines of the City's seven residence districts. 1.6. Ordinance to TRANSFER $75,000 from the General Fund Reserve for Contingencies to the FY 2000-01 operating budget of the Department of Housing and Neighborhood Preservation re emergency safety inspections of open parking structures. Resolution re issuance by the Norfolk Airport Authority of its Industrial Development Revenue Bonds, in an amount not to exceed $Z500,000, for Virginia Beach Friends School re acquisition, construction and equipping of class rooms, expanded library, a gymnasium with stage, athletic fields and administrative of~ces. Item 2 will be ADOPTED, AS REVISED, BY CONSENT. Councilman Branch will vote a VERBAL NAY on Item L5. December 12, 2000 -9- AGENDA RE VIE W SESSION ITEM # 4 7513 Applications of VEHICLE RECYCLING SOLUTIONS, L.L.C at the northeast intersection of Sykes Avenue and Southern Boulevard (1 O0 Sykes Avenue), containing 23.52 acres (BEACH- DISTRICT 6): a. Change of Zoning District Classification from I-1 Light Industrial District to Conditional 1-2 Hear}, Industrial District b. Conditional Use Permit for the storage or processine of salvaee. scrap or junk autos, Stephen White, Planning, distributed revised conditions for the Conditional Use Permit. Proffer No. 3 shall be deleted in the proffered agreement for the Conditional Change of Zoning. The applicant has concurred with the conditions, which will upgrade the property. If the Southeastern Expressway and Parkway is constructed in the future, there will not be any structures in the way for which the City would have to pay an exorbitant price. The applicant has agreed to reserve the necessary right-of-way for the parkway. The applicant has agreed to reserve the necessary right-of-way for the Parkway, which is 300feet wide on the western end of their site; and, if the City exercises that reservation and buys the property, the applicant agrees to sell the parcel back to the city at their cost. The heavily treed buffer approximately 200-400feet in width exists adjacent to the creek on the northern and eastern portions of this property and this will not be allowed to be touched. ITEM # 4 7514 J. 7 Application of REGENT UNIVERSITY for a Change of Zoning District Classification from R-SD Residential Duplex District to 0-2 Office District on the west side of Centerville Turnpike, south of Indian River Road, containing 9.432 acres (CENTER VILLE- DISTRICT 1). Council Lady Eure inquired whether the Office Buildings of Regent University are taxed by real estate. The City Manager shall advise prior to the Formal Session. ITEM # 47515 J. 8. Application of the CITY OF VIRGINIA BEACH to AMEND the Comprehensive Plan re Chesapeake Bay Preservation Act and Floodplains. Council Lady Henley requested a presentation during a City Council Session the first of the year. Council Lady Henley referenced the actions related to the status of the groundwater issues: completing the USGS Shallow Ground Water Study, completing an inventory of private wells, including abandoned wells, completing an inventory of private residential above and underground storage tanks for petroleum products and monitoring safe regulatory efforts and the use of septic tanks. Council Lady Parker referenced the newspaper article related to tapping into groundwater for heating systems. Councilman Mandigo advised he has this type of"water to air" system and the State Department of Health must monitor each drilled well. This water can not be pumped legally into a drainage ditch or lake. Council Lady Eure expressed concern relative pumping out septic tanks every five years and she has staff reviewing this matter. ITEM # 47516 BY CONSENSUS, the following shall compose the Planning By Consent Agenda d. 1. Application of EDMN S. EPSTEIN, MD, for an expansion of a nonconforming use to allow enlargement and improvements to a single-family residence at 60th Street and Ocean Front Avenue (106 60'h Street - Unit 106B) in the R-SR Residential Resort District, containing 8, 750 square feet (LYNNHA VEN- DISTRICT 5). December 12, 2000 - lO- GENDA RE VIE W SESSION ITEM # 4 7516 (Continued) J. 4. J. 6. J. 7 Application of TRUCKCENTER OF TIDEWATER, INC., for a Conditional Use Permit re a bulk storage yar...d, on the east side of South Military Highway, north of Alexandria Avenue (728 S. Military Highway), containing 20,037.6 square feet (CENTER VILLE - DISTRICT 1). Application of SUBURBAN CHRISTIAN CHURCH for a Conditional Use Permit for a church on the northwest and southwest corners of Bellamy Manor Drive and Meighan Drive (5132 Bellamy Manor Drive), containing 3.328 acres (KEMPSVILLE - DISTRICT 2) Application of WYCLIFFE PRESBYTERIAN CHURCH for a Conditional Use Permit for a church addition at the southwest corner of North Great Neck Road and Millwood Road (1445 North Great Neck Road), containing 8. 31 acres (L YNNHA FEN- DISTRICT 5). Application of the ASSOCIATION FOR THE PRESERVATION OF VIRGINIA ANTIQUITIES for a Conditional Use Permit for a private museum on the south side of Wishart Road, west of Bailewick Drive (4405 Wishart Road), containing 4.9 acres (BAYSIDE - DISTRICT 4). Applications of VEHICLE RECYCLING SOLUTIONS, L.L.C at the northeast intersection of Sykes Avenue and Southern Boulevard (100 Sykes Avenue), containing 23.52 acres (BEACH- DISTRICT 6): Change of Zoning District Classification from I-1 Light Industrial District to Conditional 1-2 HeavF Industrial District Conditional Use Permit for the storage or t~rocessine of salvaee. scrap or junk autos, Application of REGENT UNIVERSlTY for a Chamze of Zonine District Classificati..on from R-5D Residential Duplex District to 0-2 Office District on the west side of Centerville Turnpike, south of Indian River Road, containing 9.432 acres (CENTER VILLE- DISTRICT 1). Application of the CITY OF VIRGINIA BEACH to AMEND the Comprehensive Plan re Chesapeake Bay Preservation Act and Floodplains. Item J. 6 will be APPROVED, BY CONSENT, with Revised Conditions. December 12, 2000 - 11 - CITY COUNCIL COMMENTS 11:45 A.M. ITEM # 47517 Mayor Oberndorf referenced citizen concerns relative the fire on First Colonial Road. On Friday, December 8, 2000, a lady who resides in Alanton and last night, December 11, 2000, at the Cavalier Park Civic League, a gentleman reiterated the same concerns. When the traffic is backed up on First Colonial and especially during an unexpected event as afire, an ambulance is unable to access Virginia Beach General Hospital. The citizens inquired if there were any plans to make the portion of First Colonial from Laskin Road back to Great Neck more viable. During the fire, the City Manager advised there was severe gridlock on First Colonial and the road was closed down to one-lane. This is not acceptable; thereJbre, a detailed plan is being developed relative rerouting traffic and close locations differently. ITEM # 47518 Council Lady Henley referenced: Ordinance to authorize the City Manager to execute a Cost Participation Agreement (approx. $975,000) with Lakeside Construction Corporation re the construction of road improvements at Upton Drive. (ADOPTED: December 5, 2000) One of the residents of Red Mill spoke relative the Newstead Road issue. The residents are interested when the City will be addressing the Newstead Road issue and the processes involved. John Herzke, City Engineer, advised once Upton Drive is constructed, the traffic related items will be measured i.e. number of vehicles, speed, accidents etc. as base data. Newstead will be a one-way street for access into the area for residents and emergency vehicles. This will be monitored for a 6-month period. If there are no discernable changes or problems, Newstead Road will remain one-way. ITEM # 47519 Mayor Oberndorf attended the National League of Cities in Boston. Upon check-out, her bill designated the cost of the room, city tax, state tax, and a third tax (12 3/4%) simply stated "For the Convention Center". Boston is building their second major Convention and Conference Center. The Mayor of Boston advised there was enough business for both Convention Centers. Vice Mayor Sessoms and Councilman Jones advised Colorado had an airport tax and rental car tax. ITEM # 47520 Councilman Mandigo wished to express appreciation to the City Manager and Chief of Police for the increased traffic patrolling relative excess speed in the Kempsville area. ITEM # 47521 Councilman Mandigo referenced the excellent Holiday performance of the Virginia Beach Chorale under the leadership of £ou Sawyer on Sunday, December 10, 2000. The Chorale will be performing again in May. The City and Councilman Harrison's firm sponsors these cultural opportunities. ITEM # 47522 Mayor Oberndorf advised, on behalf of the City, David Sullivan, Chief Information Officer, made presentations relative E-Government during the National League of Cities Conference. His room was packed. The gentleman who presented this type of information for the City of Seattle advised Seattle was copying everything Virginia Beach is doing. December 12, 2000 - 12- ITEM # 47523 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, December 12, 2000, at 11:52 A.M. Council Members Present: 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 Absent: William W. Harrison, Jr. December 12, 2000 - 13- ITEM # 47524 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: PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To Wit: Boards and Commissions: Community Services Board Hampton Roads Economic Development Alliance Health Services Advisory Board Human Rights Commission Senior Services of Southeastern Virginia Virginia Beach Foundation - Distribution Committee PUBLICLY-HELD PROPERTY: Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly-held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.1-344(A)(3), To-Wit Acquisition/Disposition of Property - Stumpy Lake Property - Lotus Creek LEGAL MA TTERS: 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 of legal advice by counsel pursuant to Section 2.1-344(A)(7). To- Wit: Stumpy Lake Litigation Contractual Issues - Sportsplex Upon motion by Council Lady Parker, seconded by Councilman Branch, City Council voted to proceed into CLOSED SESSION. Voting: 10-0 Council Members Voting Aye: 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, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. ENTERED: 12:23 P.M. (Time of Closed Session: 11:52 A.M. to 12:10 P.M. Lunch: 12:10 P.M. to 12:20 P.M. Closed Session: 12:20 P.M. to l:57 P. M.) December 12, 2000 - 14- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL December 12, 2000 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 12, 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 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 INVOCATION: Reverend C. Marcus Engdahl Good Shepherd Lutheran Church Lynnhaven Colony Congregational Church. PLEDGE OF ALL~,GIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Wachovia Bank DISCLOSED there were no matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Wachovia Bank. The Vice Mayor regularly makes this Disclosure as he may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of January 4, 2000, is hereby made a part of the record. December 12, 2000 Item V-E. - 15- CERTIFICATION OF CLOSED SESSION ITEM # 4 7525 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Wilson, 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, 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 December 12, 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 # 4 7524, Page 13, 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. ~R'fith Hodges'~mith, MMC City Clerk December 12, 2000 - 16- Item V-F. 1. MINUTES ITEM # 47526 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of December 5, 2000. 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, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None December 12, 2000 -17- Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM # 4 752 7 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION December 12, 2000 - 18- Item V-G.2. PRESENTATION ITEM # 4 7528 Mayor Oberndorf PROCLAIMED: December 10 - 16, 2000 HUMAN RIGHTS WEEK Fagan Stackhouse, Director of Human Resources, Dr. Joshua Edwards and Helen Shropshire, Members - Human Rights Commission, ACCEPTED the proclamation. This PROCLAMATION marked the Fifty-Second anniversary of the United National General Assembly's Universal Declaration of Human Rights, affirming fundamental freedoms and human rights of all people The Virginia Beach Human Rights Commission is a positive advocate for the human rights of Virginia Beach citizens and has designated "Celebrate Peace" as the theme of this year ~' week-long Human Rights Observance. December 12, 2000 C~hereas; ¢Vhereas: Whereas: ff4/hereas: irorlantatiott This year marb~ the fifty-second anniversary of the UnitedHations General Assembly's UniversabDeclaration of Human Pdghts, affi~ing~ndamental freedoms andhuman rights of allpeople; and Pff. spect for the inherent dignity and inalienable rights of allmembers of the human family is the foundation of freedom, justice and worldpeace; and Be United States of America is a nation founded on the principle of individualrights andis stillworking to fully realize the ideals enshrined in its Constitution and Rill of qO'ghts; and The Virginia Reach Human Pdghts Commission is a positive advocate for the human rights of Virginia Reach citizens andhas designated'Celebrate Peace' as the theme of this year's week-long Human P~'ghts observance: How, Bierefore, L Meyera B. Oberndo~, Mayor of t~ie Oty of Virginia ~Beach, Virginia, do liereby Proclaim: Oecember I0-I6, 2000 Human Rights Week In Virginia Reach, andI encourage allcitizens to acquaint themselves with human rights issues, to support human rights advocates, to recognize the goodworb6 pegCormedby human rights heroes, and to 'Celebrate Peace' by participating in this observance. In Witness Whereof I have hereunto set my handandcausedthe OfficialSealof the City of Virginia Reach, Virginia, to be affixed this Twenty-eighth day of Hovember, Two Thousand Meyera Go. Oberndorf Mayor Item V-H. 1. - 19- PUBLIC HEARING ITEM # 47529 Mayor Oberndorf DECLARED a PUBLIC HEARING: EXCESS CITY-OWNED PROPERTY- Bonney Road The following registered in SUPPORT: Robert B. Smithwick, Partner - Branwick ,4ssociates, 4571 Columbus Street, Phone: 490--0650 William Hargrove, HB~1,4rchitects and Engineers, 207 Business Park Drive, Phone: 490-9048, with the utilization of "Smart Board" displayed the design of the project. There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. December 12, 2000 - 20- Item V-I. ORDINANCES/RESOLUTION ITEM # 4 7530 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED IN ONE MOTION, Ordinances 2 (AS REVISED), 3, 4, 5, 6, and 7 of the CONSENT AGENDA. 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, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None Councilman Branch voted a VERBAL NAY on Item 5 (Redistricting-2000 Census). December 12, 2000 - 21 - Item V-I. 1. ORDINANCES/RESOL UTION ITEM # 4 7531 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to DECLARE Parcels A and B on the northeast side of Bonney Road, (former Days Inn Hotel Site and Unclaimed Freight Facility), EXCESS PROPERTY as shown on that certain plat entitled, "Partition Plat of Property of COBO Corporation, Kempsville Borough, Virginia Beach, VA; and, to AUTHORIZE the City Manager to convey same to BRANWICK ASSOCIATES, INC. , for $1,200,000. (ROSE HALL - DISTRICT 3 formerly KEMPSVILLE BOROUGH). 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, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None December 12, 2000 ORDINANCE NO. AN ORDINANCE DECLARING CERTAIN CITY PROPEkTY EXCESS AND AUTItORIZING TItE CITY MANAGER TO CONVEY SAME TO BRANWICK ASSOCIATES, INC. 3 4 5 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") acquired ownership of a certain parcels of real property containing approximately 11.907+/- acres, located on Bonney Road in the City of Virginia Beach, Virginia (the "Property") by deed recorded in Deed Book 3694, at page 1705, Deed Book 3709, at page 0589, and Deed Book 3739, at page 0450; and WHEREAS, the City Ce :~ncil is of the opinion that the Property is in excess of the needs of the City of Virginia Beach and should be sold to Branwick Associates, Inc. NOW, THEREFORE, 3E IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACIt, VIRGIN 1. That the followin;~, described Property is hereby declared to be in excess of the needs of the City, and that the City M;~nager is hereby authorized to convey said Property to Branwick Associates, Inc. · ALL THOSE certain parcels of land located on the northeast side of Bonney Road (relocated) in the Kempsville Borough in the City of Virginia Beach, Virginia, and being particularly described as PARCEL A and PARCEL B, as shown on that certain plat entitled, "PARTITION PL.{T OF PROPERTY OF COBO CORPORATION, KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA", Scale: 1 "=100', dated May 21, 1976, and made by Harold C. Warren, Jr., Certified Land Surveyor, Chesapeake, Virginia, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 114, page 44. It being the same property conveyed to the City of Virginia Beach, a municipal corponttion of the Commonwealth of Virginia, by deed dated December 27, 1996, from Expressway Motel Associates, a Virginia general partnership, duly recorded in the aforesaid Clerk's Office in Deed B{'~ok 3694, at page 1705. GPIN: 1477-52-1563 BEGINNING AT A POINT in the northern line of the Old Norfolk- Virginia Beach Road at the dividing line between the property herein described and the property now or formerly owned by Forbes, thence running along said dividing line, North 17 degrees 46 minutes West 470.2 feet to a point marked by a pin; thence running North 14 degrees 51 minutes West 172.9 feet to a point at a Sweet Gum; thence 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 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 running North 26 degrees 34 minutes West 272.8 feet to a point marked by a pin; which point lies South 15 degrees 18 minutes West 11.6 feet from a Sweet Gum; thence running North 65 degrees 13 minutes East 105 feet to a point; thence running South 22 degrees 58 minutes East 894.5 feet to a point on the northern line of the Old Norfolk-Virginia Beach Road; thence running along the northern line of the Old Norfolk-Virginia Beach Road South 59 degrees 36 minutes West 156 feet to the point of beginning, being designated as Lot "A-l" containing approximately 2.4 acres, more or less, on a plat of the "PROPERTY OF GEORGE E. PEACE ET AL LOCATED NEAR POWELL'S CORNER," made by W. B. Gallup, County Surveyor, which plat is recorded in the aforesaid Clerk's Office in Map Book 40, at page 42; excepted from the property as described above and from this conveyance is a ten (10) feet strip along the said road which is dedicated for widening the highway. TOGETHER with all right, title and interest of the Grantors, if any, in and to that certain easement for ingress and egress benefitting the above described property more particularly described and conveyed in that certain Deed of Easement dated July 20, 1983, from Bonney Road Associates to Clarence M. Fuller, duly recorded in the aforesaid Clerk's Office in Deed Book 2288, at page 1284. LESS AND EXCEPT that portion of the above described property conveyed to or taken by the City of Virginia Beach for road widening as described in Certificates duly recorded in the aforesaid Clerk's Office in Deed Book 847, at page 13, and in Deed Book 932, at page 725, and Order duly recorded in Deed Book 933, at page 334. The above described property is more particularly shown on that certain plat entitled; "PHYSICAL SURVEY & BOUNDARY PLAT OF PARCEL A-l, PROPERTY OF GEORGE E. PEACE, ET AL. (DB 438, PG 543), (DB 558, PG 213) (MB 40, PG 42), KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA, FOR CITY OF VIRGINIA BEACH", dated January 24, 1997, Scale: 1 "=25', prepared by Miller-Stephenson & Associates, P.C., which plat is duly recorded in the aforesaid Clerk's Office in Map Book 257, at page 40. It being the same property conveyed to the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia, by deed dated February 3, 1997, from Earl M. Fuller, et ux, duly recorded in the aforesaid Clerk's Office in Deed Book 3709, at page 589. GPIN: 1477-52-8382 PARCEL ONE: ALL THAT certain lot, piece or parcel of land, together with the appurtenances, buildings and improvements, rights, privileges and immunities thereunto belonging or appertaining, situate, lying and being in the City of Virginia Beach, Virginia and known, numbered and designated as 2.125 AC, "C" and 2.069 AC. "D" as shown on that certain plat entitled: "PARTITION PLAT OF COBO CORPORATION, KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA" prepared by Harold C. Warren, Jr. and dated May21, 1976, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 114, at page 44. 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 , PARCEL TWO: ALL THAT CERTAIN lot, piece or parcel of land, together with the buildings and improvements thereon and all tenements, hereditaments, appurtenances, rights, privileges and immunities thereunto belonging or appertaining, situate, lying, and being in the City of Virginia Beach, Virginia and being known, numbered and designated as "EMELINE DAUGIITREY, D.B. 71 P. 94, 2.00 ACRES" as shown on that certain plat entitled "PROPERTY SURVEY FOR C.W. MILLER PROPERTY, VIRG1NIA BEACtt, VIRGINIA" prepared by McGaughy, Marshall & McMillan and dated April 6, 1966, recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 69, at page 32. It being the same property conveyed to the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia, by deed dated May 8, 1997, from Howard S. Adkins, unmarried, duly recorded in the aforesaid Clerk's Office in Deed Book 3739, at page 0450. GPIN: 1477-52-5699; 1477-52-6396 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 2. That ONE MILLION TWO HUNDRED THOUSAND DOLLARS ($1,200,000.00) is to be the sale price of the Property. 3. That Branwick Associates shall construct a Class A high-rise office building on the Property which contains no less fl~an 60,000 square feet in area and is at least four (4) stories in height. 4. That the final site plan and architectural elevations must be approved by the City Manager or his designee prior to the commencement of any construction or landscaping activity upon the Property to ensure a quality development. 5. That Branwick Associates shall demolish and remove all existing structures on the Property no later than thirty (30) days after recordation of the deed to the Property. 6 That Branwick Associates shall commence in good faith and diligently pursue actual construction of the office building no later than 270 days from the date of recordation of the deed to the Property. However, within 180 days from the date from the date of recordation of the deed to the Property, Branwick Associatc~ shall provide a written progress report to the City Manager or his designee to evidence plans of actual construction of the office building. IfBranwick Associates, or the then record owner of the Property has not commenced in good faith and diligently pursued actual construction of the office building in accordance with'approved plans within 270 days from the date of recordation of the deed to the Property, then the City shall have the right and option to, at any time thereafter and until such construction begins, to repurchase the Property by giving written notice of its decision to repurchase to Branwick Associates or the then record owner of the 124 125 126 127 128 129 130 131 132 133 134 135 PropeOy and agreeing at that time to pay Branwick Associates or the record owner of the Property the original purchase Price paid for the Property at settlement. In the event Branwiek Associates or the record owner of the Property for any reason fails or refuses to convey the Property back to the City as required herein, then the City shall have the right to enter upon and take possession of the Property, together with all rights and causes of action necessary to have title to the Property conveyed back to the City. 7. In the deed conveying title to the property, the City shall reserve the right to establish easements for drainage and utilities under, over, across and through the Property. 8. Any building site(s) created shall connect to public water and sewer where available. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 da), of' DECEMBER ,2000. CA-7884 R-I PREPARED: 11/21/00 (fA~ved As To Content: x,,,..Depanmen~ of EconOmic Der'element Approved As To Content: I~artment of Public Works/Real Estate Approved As To Form: City Attorney ~,/ Item V-I.2. - 22 - ORDINANCES/RESOLUTION ITEM # 47532 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to APPROPRIATE $750, O00 from capital project, Library Renovations and Replacements, re an interest-free loan to the Beach Health Clinic (BHC) for the acquisition of property for the relocation of operations to a new clinic. 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 December 12, 2000 1 2 3 4 5 6 7 AN ORDINANCE TO APPROPRIATE $750,000 FROM CAPITAL PROJECT #3-447, LIBRARY RENOVATIONS AND REPLACEMENTS, FOR THE PURPOSE OF PROVIDING AN INTEREST-FREE LOAN TO THE BEACH HEALTH CLINIC FOR THE ACQUISITION OF PROPERTY FOR A NEW CLINIC 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 WHEREAS, the Beach Health Clinic ("BHC") provides a valuable service to the City and its citizens by making primary medical care available to indigent (uninsured) residents; WHEREAS, the BHC has determined that its current facility lacks sufficient space to continue to respond to the medical needs of its ever-increasing number of patients; WHEREAS, the BHC has located a desirable site at 3396 and 3400 Holland Road for relocation of its operations; WHEREAS, the BHC does not presently have adequate funds for the full purchase price of $900,000 to acquire property for a new site, but does have funds in the amount of $150,000 for a down payment; and WHEREAS, the BHC has requested an interest-free loan in the amount of $750,000 from the City, and has represented that fund- raising efforts will provide sufficient revenue to repay the loan. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That funds in the amount of $750,000 are hereby appropriated from Capital Project #3-447, Library Renovations and Replacements, for the purpose of providing an interest-free loan to the Beach Health Clinic for the acquisition of property for relocation of its operations; 2. That the loan is contingent upon the BHC providing the City (a) any United Way capital allocations it may receive, (b) a first deed of trust on the property, and (c) a promissory note in the amount of the loan; and 34 35 36 37 38 39 40 3. That the loan shall be repaid in five (5) annual installments of $75,000 each, due on the 31st day of December each year, with the first installment due on or before December 31, 2001, and the last installment due on or before December 31, 2005, along with any outstanding loan balance. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 day of DECEMBER , 2000. 41 42 Requires an affirmative vote by a majority of the members of the City Council. 43 44 45 46 CA7937 F:~Data~ATY~Ordin~NONCODE~beach health clinic.ord.wpd December 12, 2000 R-2 - 23 - Item V-I. 3. ORDINANCES/RESOL UTION ITEM It 4 7533 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $281,000 in Section 8 revenue from the federal government to the FY 2000-2001 operating budget of the Department of Housing and Neighborhood Preservation re providing housing subsidies to low and moderate income citizens; and, estimated revenue from the federal government be increased accordingly. 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 December 12, 2000 AN ORDINANCE AUTHORIZING THE CITY OF VIRGINIA BEACH TO ACCEPT AND APPROPRIATE $281,000 IN SECTION 8 REVENUE FROM THE FEDERAL GOVERNMENT TO THE FY 2000-2001 OPERATING BUDGET OF THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION FOR THE PURPOSE OF PROVIDING HOUSING SUBSIDIES 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 WHEREAS, the Virginia Beach Department of Housing and Neighborhood Preservation receives Federal funding through the Section 8 Rental Assistance Subsidy program administered through the U. S. Department of Housing and Urban Development to provide rental assistance to low and moderate income families. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $281,000 in anticipated federal revenue from the U. S. Department of Housing and Urban Development's Section 8 Rental Assistance Subsidy Program appropriated to the Department of is hereby accepted and Housing and Neighborhood Preservation's FY 2000-01 annual operating budget for the purpose of providing housing subsidies. 2. That estimated revenue from the federal government is hereby increased in the amount of $ 281,000. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 day of DECEMBER , 2000. Requires an affirmative vote by a majority of the members of City Council. CA7929 F:~Data~ATY~Ordin~NONCODE\housing subs.ord.wpd December 1, 2000 R3 Approved as to Content: Approved as to Legal Sufficiency: City Attorney' sC/~ffice~z Item V-I. 4. - 24 - ORDINANCES/RESOLUTION ITEM # 47534 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a $31,000 grant from the Virginia Department of Environmental Quality to the FY 2000-01 operating budget of the Department of Museums and Cultural Arts re maintaining a statewide stranding network and database; and, estimated revenue from the state government be increased accordingly. ~ting: 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 December 12, 2000 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $31,000 GRANT FROM THE VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY TO THE FY 2000-01 OPERATING BUDGET OF THE DEPARTMENT OF MUSEUMS AND CULTURAL ARTS TO MAINTAIN A STATEWIDE STRANDING NETWORK AND DATABASE. WHEREAS, The Virginia Department of Environmental Quality, through the Virginia Coastal Resources Management Program, has awarded the Virginia Marine Science Museum a $31,000 grant to maintain a statewide stranding team, maintain a computer database, and to provide educational programs on protected marine species; and WHEREAS, this grant requires an "in-kind" match equivalent to $31,000, and resources for this match are currently available in the Marine Science Museum's FY 2000-01 Operating Budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That a $31,000 grant is hereby accepted from the Virginia Department of Environmental Quality and appropriated to the FY 2000-01 Operating Budget of the Department of Museums and Cultural Arts to maintain a statewide stranding network and database. 2. That estimated revenue from the state government is hereby increased in the amount of $ 31,000. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 day of DECEMBER , 2000. Requires an affirmative vote by a majority of the members of City Council. CA7933 F:~Data~ATY\0rdin\NONCODE~VMSM Stranding Network.ord.wpd November 30, 2000 R1 34 Approved as to Content: 35 37 an~ge~nt Services%'~~ Approved as to Legal Sufficiency: C~ty Attorn~yC~/Of fi~e James S. Gilmore, Ili Governor John Paul Woodley, Jr. Secretary of Natural Resources COMMON VEALTH e/ DEPARTMENT OF ENVIRONMENTAL QUALITY Street address: 629 East Main Street, Richmond, Virginia 23219 Mailing address: P.O. Box 10009, Richmond, Virginia 23240 Fax (804) 698-4500 TDD (804) 698-4021 http://www.deq.stat¢.va, us Dennis H. Treacy Director (804) 698-4000 1-800-592-5482 September 29, 2000 TO: FROM: FY 2000 Virgin~i~ C,~oastal Program Grantees -- Grant #NA07OZ0136 Laura B. McKay -- Coastal Program Manager 629 East Main Street, Richmond Virginia 23219 Phone: (804) 6984323 Fax: (804) 698-4319 FY 2000 Coastal Program Asvard Notification The Department of Environmental Quality has received approval for the 2000 Coastal Zone Management Grant Award from the National Oceanic and Atmospheric Administration (NOAA). We are pleased to notify you that your proposal has been approved for funding for the period shown on your enclosed contract. We look forxvard to working with you in the coming year. Enclosed is your contract in duplicate, s~gned by the authorized DEQ representative. To fully execute the contract, please follow these instructions: l. Have the folloxving enclosed documents, provided in duplicate, signed and dated by your authorized representative where the colored tabs are affixed: · Contract form (only 1 page) · Certifications Regarding Debarment... (Attachment E to this contract; also I page) 2. Return one each of the above to: Susan Watson, DEQ Virginia Coastal Program, 629 E. Main St., Richmond, VA 23219. 3. Keep the remaining contract form with all attachments for your files. 4. Make copies of the blank quarterly report forms provided (Form A Progress Report. Form B Financial Reimbursement Report, Minority or Woman- Oxvned Business MBE/WBE Form) for use by the appropriate staff within your organization. Digital versions of Forms A and B are available upon request to Susan Watson, sh~vatson~deq.state.va.us. Attachment I3 to this contract includes quarterly reporting requirements and instructions. If you have an earlier VCP grant which is still active, be extremely careful to provide separate reports for each project, referencing the appropriate grant#, year and task. Thank you for your close attention to these details. An Agency of the Natural Resources Secretariat - 25 - Item V-I. 5. ORDINANCES/RESOL UTIONS ITEM # 47535 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to establish a new capital project, "Redistricting-2000 Census "; and, TRANSFER $200, O00 from completed capital projects re engaging the services of an election specialist to assist in redrawing the boundary lines of the City's seven residence districts Voting: 10-1 (By ConsenO Council Members Voting Aye: 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: Linwood O. Branch, III* Council Members Absent: None * Verbal Nay December 12, 2000 1 2 3 4 5 6 7 8 AN ORDINANCE TO ESTABLISH A NEW CAPITAL PROJECT #3-195, REDISTRICTING-2000 CENSUS, AND TO TRANSFER FUNDS IN THE AMOUNT OF $200,000 FROM TWO COMPLETED CAPITAL PROJECTS TO CAPITAL PROJECT #3-195 FOR THE PURPOSE OF ENGAGING THE SERVICES OF AN ELECTION SPECIALIST TO ASSIST IN REDRAWING THE BOUNDARY LINES OF THE CITY'S SEVEN RESIDENCE DISTRICTS 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 WHEREAS, in the spring of 2001, the Census Bureau will provide the Commonwealth of Virginia the results of the 2000 Census to enable the Commonwealth to redraw the boundaries of existing election districts; WHEREAS, shortly thereafter, the City of Virginia Beach must use the results of the 2000 Census to redraw the boundaries of its seven residence districts to ensure , as required by the City Charter, that they remain approximately equally-populated; WHEREAS, the assistance of an election specialist is necessary to properly analyze the results of the 2000 Census and redraw the boundaries of the seven residence districts in a manner which will comply with the Voting Rights Act and be approved by the U. S. Department of Justice; WHEREAS, the City Attorney has estimated that the total cost for the services of an election specialist will be approximately $200,000; and WHEREAS, funds in that amount are available to be transferred from excess appropriations in two completed capital projects. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That Capital Project #3-195, Redistricting-2000 Census, is hereby established in the FY 2000-2001 Capital Budget; and 33 34 35 36 37 38 39 4O 2. That funds in the amount of $84,500 from Capital Project #3-108, Voter Machines, and $115,500 from Capital Project #3-019, E-911 Communications Network Upgrade, are hereby transferred to Capital Project #3-195 for the purpose of engaging the services of an election specialist to assist the City in redrawing the boundaries of its seven residence districts. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 day of DECEMBER CA-7935 data~aty~ordin~noncode~redistricting.ord December 7, 2000 R3 Approved as to Content: , 2000. Approved as to Legal Sufficiency: Manag~'ent Services~. Office 2 - 26- Item V-I. 6. ORDINANCES/RESOL UTION ITEM # 47536 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to TIL4NSFER $75,000 from the General Fund Reserve for Contingencies to the FY 2000-01 operating budget of the Department of Housing and Neighborhood Preservation re emergency safety inspections of open parking structures. Voting: 11-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William VK. 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 December 12, 2000 1 2 3 4 5 6 7 8 9 AN ORDINANCE TO TRANSFER $75,000 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO THE FY 2000-01 OPERATING BUDGET OF THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION FOR THE PURPOSE OF FUNDING EMERGENCY SAFETY INSPECTIONS OF OPEN PARKING STRUCTURES LOCATED IN THE CITY 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 35 36 WHEREAS, the City of Virginia Beach has contracted with Desman Associates to conduct safety inspections of open parking structures located within the City limits; and WHEREAS, the urgent nature of performing the safety inspections requires immediate action to be taken by the City of Virginia Beach to ensure public safety. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $75,000 is hereby transferred from the General Fund Reserve for Contingencies to the FY 2000-01 Operating Budget of the Department of Housing and Neighborhood Preservation for the purpose of funding emergency safety inspections of open parking structures located in the City. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 day of DECEMBER , 2000. Requires an affirmative vote by a majority of the members of City Council. CA7928 F:~Data~ATY~Ordin~NONCODE~parking structure.ord.wpd December 1, 2000 R3 Approved as to Content: Approved as to Legal Sufficiency: City Attorneys Offf[/e -27- Item V-I. 7. ORDINANCES/RESOL UTION ITEM # 47537 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Resolution re issuance by the Norfolk Airport Authority of its Industrial Development Revenue Bonds, in an amount not to exceed $2,500,000, for Virginia Beach Friends School re acquisition, construction and equipping of class rooms, expanded library, a gymnasium with stage, athletic fields and administrative offices. Voting: 11-0 (By Consent) Council Members Voting Aye: Linwood 0. 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 December 12, 2000 A RESOLUTION APPROVING THE ISSUANCE BY THE NORFOLK AIRPORT AUTHORITY OF ITS REVENUE BOND IN AN AMOUNT NOT TO EXCEED $2,500,000 FOR VIRGINIA BEACH FRIENDS SCHOOL WHEREAS, the Norfolk Airport Authority (the "Airport Authority") has considered the request of Virginia Beach Friends School for the issuance by the Authority of its revenue bond (the "Bond") in an amount not to exceed $2,500,000 to assist the School in (a) undertaking' the financing of the cost of acquiring, constructing and equipping of class rooms, expanded library, a gymnasium with stage, athletic fields and administration offices (collectively, the "Project"), and (b) the financing of the payment of certain costs of issuing the Bond; and WHEREAS, the Airport Authority has adopted an inducement resolution (the "Airport Authority Resolution") with respect thereto; and WHEREAS, the City of Virginia Beach Development Authority (the "Development Authority") has held a public hearing with respect to the Bond on November 21, 2000, and has adopted an approving resolution with respect thereto; and WHEREAS, Section 15.2-4905 of the Code of Virginia of 1950, as amended (the "Virginia Code"), provides that the City Council for the City of Virginia Beach (the "Council") must concur with the adoption of the Airport Authority Resolution; and WHEREAS, the Internal Revenue Code of 1986, as amended (the "Code"), provides that the highest elected governmental officials of the governmental unit having jurisdiction over the area in which any facility financed with the proceeds of private activity bonds is located shall approve the issuance of such bonds; and WHEREAS, the Project is located in the City of Virginia Beach and the members of the Council constitute the highest elected governmental officials of the City of Virginia Beach; and WHEREAS, a copy of the Airport Authority Resolution, the Development Authority's approving resolution, a reasonably detailed summary of the comments expressed at the public hearing with respect to the Bond held by the Development Authority and a statement in the form prescribed by Section 15.2-4907 of the Virginia Code have been filed with the Council, together with the Development Authority's recommendation that the Council concur with the Airport Authority Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE.COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: I. The City Council of the City of Virginia Beach, Virginia, concurs with the adoption of the Airport Authority Resolution and approves the issuance of the Bond by the Airport Authority to the extent required by the Code and Section 15.2-4906 of the Virginia Code. 2. The approval of the issuance of the Bond, as required by the Code and Section 15.2-4906 of the Virginia Code, does not constitute an endorsement to a prospective purchaser of the Bond of the creditworthiness of the School and the Bond shall provide that the City of Virginia Beach shall not be obligated to pay the Bond or the interest thereon or other costs incident thereto and neither the faith or credit nor the taxing power of the Commonwealth of Virginia or the City of Virginia Beach shall be pledged thereto. 3. This resolution shall take effect immediately upon its adoption. #647872 vi ADOPTED: 12 DECEMBER 2000 B~ #eck ?oint PROJECT NAME: PROJECT ADDRESS: TYPE OF PROJECT: Virginia Beach Friends School 1537 Laskin Road ~ Virginia Beach, Virginia 23451 Primary and Secondary School VIRGINIA BEACH Virginia Beach Development Authority One Columbus Center, Suite 300 Virginia Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 Website www. virginio-beach.va.us/depttecondev E-mail ecdev@city, virginia~beach.va.us November 21, 2000 The Honorable Meyera E. Oberndorf, Mayor Members of City Council Municipal Center Virginia Beach, VA 23456 Re~ Virginia Beach Friends School Industrial Development Revenue Bonds Dear Mayor Obemdorf and Members of City Council: We submit the following in connection with project Virginia Beach Friends School located at 1537 Laskin Road in the city of Virginia Beach, Virginia. (1) Evidence of publication of the notice of hearing is attached as Exhibit ,4 , and a summary of the statements made at the public heating is attached as Exhibit B . The City of Virginia Beach Development Authority's (the "Authority") resolution recommending Council's approval is attached as Exhibit C. The Inducement Resolution of the Norfolk Airport Authority for the benefit of Virginia Beach Friends School Exhibit D. (2) The Disclosure Statement is attached as Exhibit E. (3) The statement of the Autbority's reasons for its approval as a benefit for the City of Virginia Beach and its recommendation that City Council approve the modification of the bonds described above is attached as Exhibit F. The Honorable Meyera E. Obemdorf, Mayor Members of City Council November 21, 2000 Page 2 (4) The Fiscal Impact Statement is attached as ExhibH G. (5) Attached as Exhibit H is a summary sheet setting forth the type of issue, and identifying the Project and the principals. (6) Attached as Exhibit I is a letter from the appropriate City department commenting on the Project. RGJ/GLF/mlg Enclosures Very truly yours, EXHIBIT A THE VIRG~NIAN-~LOT NORFOLK, VIRGINIA p~'~'IDAVIT OF pUBLICATIoN KAUFMA~ & CANOLES ~E COM~ERCIF~ PLACE SUITE 2000 NORFOLK. VA 23S10 REF~R~CE: 00015708 NOTICZ OF PUBLIC C~ty of Norfolk Th£a aay, D. Joh~$on personally appoa=ed and after bein~ ~uly ~w=~n, made 1) She i~ ~ffid~fe clark o~ ~'h~ Vlrginian-Pilo~, a newspaper published by Land~ark C~mmu~icaulona Inc., in ~b~ Cities of Norfolk,, Portsmouth, ~LrZLIS~D ON: 11t0~ 1L/I~ I COST: ' 3~4,~0 AD SPAC~ 54 LINE{ ON: 11/17/00 [ Exhibit A NOTICE OF PUBLIC HEARING ON PROPOSED BOND FINANCING BY NORFOLK AIRPORT AUTHORITY FOR VIRGINIA BEACH FRIENDS SCHOOL Notice is hereby given that the City of Virginia Beach Development Authority (the Authority) whose address is One Columbus Center, Suite 300, Virginia Beach, Virginia 23462, will hold a public hearing on the.plan of finance of Virginia Beach Friends School, a Virginia nonstock, nonprofit corporation (the School), the location and mailing address of which is 1537 Laskin Road, Virginia Beach, Virginia 23451, for the issuance of the Norfolk Airport Authority's revenue bond in an amount not to exceed $2,500,000 to assist the School in (a) undertaking the financing of the construction and equipping of class rooms, expanded library, a gymnasium with stage, athletic fields and administration offices (collectively, the "Project"), and (b) financing the cost of issuing the bond. The public hearing, which may be continued or adjoumed, will be held at 8:30 a.m. on November 21, 2000, before the Authority at its office. The bond will not pledge the credit or the taxing power of the City of Virginia Beach, Virginia, or the Authority but will be payable solely from revenues derived from the School. Any person interested in the issuance of the bond or the location or nature of the Project may appear and be heard. A copy of the resolution to be considered by the Authority after the public hearing is on file and is open for inspection at the Authority's office during business hours. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY TO BE PUBLISHED IN THE VIRGINIAN-PILOT ON NOVEMBER 7, 2000 AND NOVEMBER 14, 2000 #647878 vl Exhibit B CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING (VIRGINIA BEACH FRIENDS SCHOOL) At 8:30 a.m. on November 21, 2000, the Chairman of the City of Virginia Beach Development Authority (the "Authority") announced the commencement of a public hearing on the request of Virginia Beach Friends School, a Virginia non-stock corporation (the "School"), and that a notice of public hearing'was published once a week for two consecutive weeks in The Virginian-Pilot, the second publication being not less than six (6) days nor more than twenty-one (21) days prior to the hearing. The Chairman indicated that a copy of the notice and a certificate of publication of such notice have been filed with the records of the Authority and will be provided to the Clerk of the City Council of the City of Virginia Beach. The following individual appeared and addressed the Authority: Mr. George Consolvo appeared on behalf of the School. Mr. Consolvo described the project as the financing of capital projects at the School, including class rooms, expanded library, a gymnasium with stage, athletic fields and administrative offices. He explained that the proposed issuance of up to $2,500,000 of revenue bonds (the "Bonds") for the project will provide needed funds for the continued improvement of the School's campus. Mr. Consolvo further added that it is necessary that the Authority hold a public hearing and that the issuance of the Bonds by the Norfolk Airport Authority be approved by the City Council of the City of Virginia Beach in accordance with both federal and Virginia law. Mr. Consolvo closed his remarks by noting that the presence of the School in the City of Virginia Beach greatly enhances the educational facilities provided within the City of Virginia Beach and, accordingly, benefits its citizens and serves a compelling public purpose. No other persons appeared to address the Authority and the Chairman closed the public hearing. The Authority then adopted a resolution (a) recommending that the Council of the City of Virginia Beach, Virginia, approve the issuance of the Bonds, (b) directing the transmission of a Fiscal Impact Statement with respect to the Bonds to the Council of the City of Virginia Beach and (c) requesting that its recommendation be received at the next regular or special meeting during calendar year 2000 at which this matter can be properly placed on the Council's agenda for hearing. #647869 vi Exhlt~lt t~ RESOLUTION OF CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY FOR VIRGINIA BEACH FRIENDS SCHOOL WHEREAS, there has been described to the City of Virginia Beach Development Authority (the "Authority") the plans of Virginia Beach Friends School (the "School") whose principal place of business is 1537 Laskin Road, Virginia Beach, Virginia 23451, for the issuance by the Norfolk Airport Authority (the "Airport Authority") of its revenue bond (the "Bond") in an amount not to exceed $2,500,000 to assist the School in (a) undertaking the financing of the cost of constructing and equipping of class rooms, expanded library, a gymnasium with stage, athletic fields and administration offices (collectively, the "Project"), and (b) the financing of the payment of certain costs of issuing the Bond; and WHEREAS, each of the above facilities constituting a portion of the Project are now owned or will be owned by the School and all of the above facilities are or will be located in the City of Virginia Beach; and WHEREAS, a public hearing with respect to the Bond as required by Virginia law and the Intemal Revenue Code of 1986, as amended (the "Code"), is scheduled to be held by the Airport Authority on December 14, 2000, and the Airport Authority adopted an inducement resolution (the "Airport Authority Resolution") with respect to the Bond on October 26, 2000; and WHEREAS, the School has elected to proceed with a plan of finance pursuant to which the Bond will be privately placed with a financial institution to be named (the "Lender"), for its own account and for investment purposes; and WHEREAS, the School in its appearance before the Authority has described the debt service cost savings relating to the issuance of the Bond as a "qualified tax-exempt obligation" within the meaning of §265(b)(3) of the Code and the educational benefits to the City of Virginia Beach to be derived from the issuance of the Bond; and WHEREAS, a public heating with respect to the Bond as required by Virginia law and the Internal Revenue Code of 1986, as amended, has been held at this meeting. BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1. It is hereby found and determined that the issuance of the Bond will promote. education in the City of Virginia Beach, benefit its inhabitants and promote their safety, health, welfare, convenience and prosperity. 2. To assist the School to issue the Bond, the Authority hereby recommends that the City Council of the City of Virginia Beach (the "Council") concur with the Airport Authority Resolution, the form of which has been presented at this meeting, as required by {}15.2-4905 of the Code of Virginia of 1950, as amended (the "Virginia Code"), and hereby directs the Chairman or Vice Chairman of the Authority to submit to the Council the statement in the form prescribed by {}15.2-4907 of the Virginia Code, a reasonably detailed summary of the comments expressed at the public hearing held at this meeting pursuant to {} 15.2-4906 of the Virginia Code, and a copy of this resolution. 3. All costs and expenses in connection with the financing plan shall be paid fi.om the proceeds of the Bond to the extent permitted by law or fi.om funds of the School and the Authority shall have no responsibility therefor. 4. All acts of the officers of the Authority which are in conformity with the purposes and intent of this resolution and in furtherance of the issuance and sale of the Bond are hereby approved and confirmed. 5. This resolution shall take effect immediately upon its adoption. The undersigned hereby certifies that the above resolution was duly adopted by the commissioners of the City of Virginia Beach Development Authority at a meeting duly called and held on November 21, 2000, and that such resolution is in full fome and effect ot the date hereof. Dated: ~x~c~qt_e~-x.~¢ '/..\,.'~,_00_o ' e~~ ~~/~~ ~-~~~/ ~,,.>'-~. SAj:~J74 City of X/irginia BeaCh Development #647885 2 Exhibit D INDUCEMENT RESOLUTION OF THE NORFOLK AIRPORT AUTHORITY FOR THE BENEFIT OF VIRGINIA BEACH FRIENDS SCHOOL WHEREAS, there have been described to the Norfolk Airport Authority (the "Authority"), the plans of Virginia Beach Friends School (the "School"), to finance the construction and equipping of class rooms, expanded library, a gymnasium with stage, athletic fields and administration offices (collectively, the "Project") at the School's campus located at 1537 Laskin Road, Virginia Beach, Virginia 23451; WHEREAS, the School, in its appearance before the Authority, has described the Project's benefits and has requested the Authority to agree to issue its bonds under Chapter 463 of the Acts of Assembly of 1948, as amended (the "Act"), in such amounts as may be necessary to finance costs to be incurred in the financing of the Project, including financing costs; and WHEREAS, a public hearing will be held at the Authority's December meeting as required by Virginia law and the Internal Revenue Code of 1986, as amended; BE IT RESOLVED BY THE NORFOLK AIRPORT AUTHORITY: 1. It is hereby found and determined that the Project will enhance education in the Commonwealth of Virginia. 2. To assist the School to finance the Project, the Authority hereby agrees to undertake the issuance in one or more series of its industrial development revenue bonds therefor (the "Bonds") in an amount not to exceed $2,500,000 upon terms and conditions to be mutually agreed upon between the Authority, the School and the purchaser of the Bonds after the public heating with respect to the Bonds. The Bonds shall be issued in form and pursuant to terms authorized by the Act. The principal of and premium, if any, and interest on the Bonds shall not be deemed to constitute a debt or pledge of the faith and credit of the Commonwealth of Virginia or any political subdivision thereof, including the Authority, the City of Norfolk, Virginia, and the City of Virginia Beach, Virginia. Neither the Commonwealth of Virginia nor any political subdivision thereof, including the Authority, shall be obligated to pay the principal of or premium, if any, or interest on the Bonds or other costs incident thereto except from the revenues and receipts derived by the Authority from the School or other available funds provided by the School, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia or any political subdivision thereof, including the Authority, shall be pledged to the payment of principal of or premium, if any, or interest on the Bonds or other costs incident thereto. No covenant, condition or agreement contained in the Bonds or in any financing instrument executed and delivered in connection therewith shall be deemed to be a covenant, agreement or obligation of any present, past or future commissioner, officer, employee or agent of the Authority in his individual capacity, and no officer of the Authority executing the Bonds or any other financing document or instrument shall be personally liable thereon or subject to any personal liability or accountability by reason of the issuance or execution thereof. 3. It having been represented to the Authority that it is necessary to proceed immediately with the financing of the Project, the Authority hereby agrees that the School may enter into contracts with respect thereto and take such other steps as it may deem appropriate in connection therewith, provided that nothing herein shall be deemed to authorize the School to obligate the Authority without its consent in each instance to the payment of any moneys or the performance of any acts in connection with the Project. The Authority hereby agrees that the School may be reimbursed from the proceeds of the Bonds for all costs so expended prior to the issuance of the Bonds together with costs previously expended by the School within sixty (60) days prior to the date of this resolution with respect to the planning for and construction and equipping of the Project (the "Expenditures"). The Authority reasonably expects to reimburse the School up to $1,000,000 for Expenditures with the proceeds of the Bonds. The declaration and expectation stated in this section are intended to be evidence of official intent within the meaning of Treasury Regulations Section 1.150-2 promulgated under the Intemal Revenue Code of 1986, as amended (the "Code"), and are based upon representations of the School. Each Expenditure will be, unless otherwise approved by Bond Counsel hereinafter appointed, (a) of a type properly chargeable to a capital account under general federal income tax principles (determined in each case as of the date of the Expenditure), (b) a cost of issuance with respect to the Bonds, or (c) a nonrecurring item that is not customarily payable from current revenues. The Authority intends to make a reimbursement allocation, which is a written allocation by the Authority that evidences the Authority's use of proceeds of the Bonds to reimburse an Expenditure, upon written request of the School no later than eighteen (18) months after the later of the date on which the Expenditure is paid or the Project is placed in service or abandoned, but in no event more than three (3) years after the date on which the Expenditure is paid. The Authority recognizes that exceptions are available for certain "preliminary expenditures," costs of issuance, certain de minimus amounts, expenditures by "'small issuers" (based on the year of issuance and not the year of expenditure), and expenditures for construction projects of at least five (5) years. 4. The Authority hereby agrees to the recommendation of the School that Kaufman & Canoles, P.C., Norfolk, Virginia, be appointed as Bond Counsel and hereby appoints such firm to supervise the proceedings and approve the issuance of the Bonds. 5. All costs and expenses in connection with the financing of the Project, including the fees and expenses of Bond Counsel, counsel for the Authority and the purchaser of the Bonds, shall be paid from the proceeds of the Bonds, to the extent permitted by law and by the purchaser of the Bonds, or from funds of the School. If for any reason such Bonds are not issued, it is understood that all such expenses shall be paid by the School and that the Authority shall have no responsibility therefor. 6. The Authority, including its commissioners, officers, employees and agents, shall not be liable and hereby disclaims all liability to any person for any damages, direct or consequential, resulting from the Authority's failure for any reason to issue the Bonds. 7. The Authority hereby recommends that the City Council of the City of Norfolk, Virginia, and the City Council of the City of Virginia Beach, Virginia, approve the issuance of the Bonds and hereby directs the Executive Director to submit to such Councils at the appropriate time 2 the statement in the form prescribed by Section 15.2-4907 of the Code of Virginia of 1950, as amended (the "Virginia Code"), a reasonably detailed summary of the comments expressed at the public heating required by Section 15.2-4906 of the Virginia Code and held by the Authority, and a copy of this resolution and any ratification hereofi 8. The Authority hereby designates Bonds in the aggregate principal amount of $2,500,000 "qualified tax-exempt obligations" of the Authority for calendar year 2000 within the meaning of the provisions of Section 265(b)(3) of the Code. 9. The Authority shall perform such other acts and adopt such further resolutions as may be required to implement its undertakings as hereinabove set forth. 10. Unless this resolution is extended by the Authority, the bonds authorized hereunder shall be issued within two years fi.om the date hereof. 11. The School shall agree to pay the Authority's administrative fee for issuing and carrying the Bonds. 12. This resolution shall take effect immediately upon its adoption. The undersigned hereby certifies that the above resolution was duly adopted by a majority of the commissioners of the Norfolk Airport Authority at a meeting duly called and held on October 26, 2000, and that such resolution is in full force and effect on the date hereofi Dated: (~c.~ Xg, &ooo ~.~~ 0¢- Noff~olk ~irport t~ssistant Secreta~, Authority #647256 vi Exhibit E . DISCLOSURE STATEMENT Applicant's Name(s): Virginia Beach Friends School All Owners (if different from applicant): N/A Type of Application: Rezoning: From To Conditional Use Permit: Street Closure: Date: November 21, 2000 Subdivision Variance: Other: Bond issue through Norfolk Airport Authority The following is to be completed by or for the Applicant: 1. If the applicant is a CORPORATION, list all the officers of the Corporation: See attached schedule. 2. If the applicant is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners in the organization: N/A The following is to be completed by or for the Owner (if different from the applicant) I. lfthe Owner is a CORPORATION, list all the officers of the Corporation: N/A 2. If the Owner is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners in the organization: N/A VIRGINIA BEACH FRIENDS SCHOOL Phyllis ~. Sullivan, Headmistress #653105 vi OFFICERS Phyllis Sullivan Headmistress BOARD OF TRUSTEES Worth Pickering Bob Warren Diane Murdock Charles R. Ansell Louise Wilson Marilyn Dembowski Ben Brown Tom Kennedy Whitney Peace Karen W. Forget Chris Van Vleek Don Lamb Julia Hebner #653104 vl VIRGINIA BEACH EXHIBIT F Virginia Beach Development Authority One Columbus Center, Suite 300 Virginia Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 Website www. virginia-beach.va.us/dept/econdev E-mail ecdev@city, virginia-beach.va.us NORFOLK AIRPORT AUTHORITY $2,500,000 REVENUE BOND (VIRGINIA BEACH FRIENDS SCHOOL) The Authority recommends approval of the captioned financing. The financing will enhance the level education in the City. Exhibit G FISCAL IMPACT STATEMENT SUBMITTED TO NORFOLK AIRPORT AUTHORITY CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY The undersigned applicant., in order to permit the City of Virginia Beach Development Authority submission of the following information in compliance with Section 15.2-4907 of the Code of Virginia of 1950, as amended, states: Name of applicant: Virginia Beach Friends School Facility: Campus of Virginia Beach Friends School 1. 2. 4. 5. 6. Maximum amount of financing sought Estimated taxable value of facility's real property to be constructed in the locality Estimated real property tax per year using present tax rates Estimated personal property tax per year using present tax rates Estimated merchant's capital tax per year using present tax rates a. Estimated dollar value per year of goods that will be purchased fi.om Virginia companies within the locality b. Estimated dollar value per year of goods that will be purchased fi.om non-Virginia companies within the locality c. Estimated dollar value per year of services that will be purchased fi.om Virginia companies within the locality d. Estimated dollar value per year of services that will be purchased fi.om non-Virginia companies within the locality Estimated number of regular employees on year round basis $2,500,000 Exempt Exempt Exempt N/A $ 200,000 $ 50,000 $ 80,000 $ 20,000 7. 5_0.0 8. Average annual salary per employee $ 25,000 Dated: November 21, 2000 VIRGINIA BEACH FRIENDS SCHOOL NORFOLK AIRPORT AUTHORITY By:. Chairman CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By:, Chairman ~47984 vi 2 Exhibit H SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY CONCURRENCE WITH NORFOLK AIRPORT AUTHORITY REVENUE BOND o 4. 5. 6. PROJECT NAME: LOCATION: DESCRIPTION OF PROJECT: AMOUNT OF BOND ISSUE: PRINCIPALS: ZONING CLASSIFICATION: a. Present zoning classification of the Property b. Is rezoning proposed: c. If so, to what zoning classification? Virginia Beach Friends School 1537 Laskin Road Virginia Beach, Virginia 23451 Educational facilities $2,500,000 See attached list of officers and trustees Yes N/A No X OFFICERS Phyllis Sullivan Headmistress BOARD OF TRUSTEES Worth Pickering Bob Warren Diane Murdock Charles R. Ansell Louise Wilson Marilyn Dembowski Ben Brown Tom Kennedy Whitney Peace Karen W. Forget Chris Van Vleek Don Lamb Julia Hebner #653104 vi VIRGINIA BEACH Exhibit I November 21, 2000 Virginia Beach Development Authority One Columbus Center, Suite 300 Virginia Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 Website www. virginia-beach.va.us/dept/econde v E.mail ecdev~city, virginia-beach.va.us Mr. Robert G. Jones Chairman Virginia Beach Development Authority One Columbus Center, Suite 300 Virginia Beach, VA 23462 Dear Mr. Jones: It is the finding of the Department of Economic Development that the improvements proposed for Virginia Beach Friends School located on Laskin Road will benefit the citizens of Virginia Beach by providing additional educational facilities, and thereby meeting the public purpose test. I will be happy to answer any questions you may have after our meeting of November Sincerely, Mark R. Wawner Project Development Manager MRW:IIs Item V-d. - 28 - PLANNING ITEM # 47538 1.EDWIN $. EPSTEIN, MD NONCONFORMING USE 2. TRUCK CENTER OF TIDEWATER, INC. CONDITIONAL USE PERMIT 3. SUBURBAN CHRISTIAN CHURCH CONDITIONAL USE PERMIT 4. WYCLIFFE PRESBYTERIAN CHURCH CONDITIONAL USE PERMIT 5. ASSOCIATION FOR THE PRESERVATION OF VIRGINIA ANTIQUITIES CONDITIONAL USE PERMIT 6. VEHICLE RECYCLING SOL UTIONS, L.L.C. CONDITIONAL CHANGE OF ZONING AND CONDITIONAL USE PERMIT 7. REGENT UNIVERSITY CHANGE OF ZONING 8. CITY OF VIRGINIA BEACH AMEND COMPREHENSIVE PLAN/ RE Chesapeake Bay Preservation Act and Floodplains December 12, 2000 - 29- Item V-J. PLANNING ITEM # 47539 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City CounciI APPRO VED in ONE MOTION Items 1,2, 3, 4, 5, 6 (AMENDED CONDITIONS), 7 and 8. Item 6 was APPROVED, BY CONSENT, with AMENDED CONDITIONS. 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, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None Council Lady Wilson DISCLOSED relative Item J. 5 (Association for the Preservation of Virginia Antiquities) she is on the Board for the Lynnhaven House. This position is totally voluntary and she receives no compensation. The City Attorney has advised Council Lady Wilson is able to participate in City Council's discussion and to vote on the application fairly, objectively and in the public 's best interest. December 12, 2000 Item V-J. 1. - 30- PLANNING ITEM # 4 7540 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the Resolution for an expansion of a nonconforming use to allow enlargement and improvements upon application of EDWIN S. EPSTEIN, MD: Application of Edwin S. Epstein, MD, for an enlargement in a nonconforming use on property located at the southwest corner of 6ffh Street and Ocean Front Avenue (GPIN #2419-81-1615-0102). Said parcel is located at 106 60'~ Street (Unit 106B) in the R-SR Residential Resort District, containing 8, 750 square feet (L YNNHA VEN- DISTRICT 5). The following conditions shall be required: The structure, as enlarged, will conform to the site plans and renderings entitled "Epstein Residence, 106 60,~ Street, prepared by Folck, West & Savage Architects, dated: 9-12-00", a copy of which had been exhibited to the City Council, and is on file in the Planning Department. The structure shall be used only as single family dwelling, and no modifications, except those shown on the plans referenced in the previous condition, shall be made. 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 December 12, 2000 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING SINGLE-FAMILY DWELLING ON PROPERTY LOCATED AT 106 60TM STREET, IN THE DISTRICT OF LYNNHAVEN 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 WHEREAS, Edwin Epstein (hereinafter the '~Applicant") has made application to the City Council for authorization to enlarge a nonconforming single-family dwelling situated on a certain lot or parcel of land having the address of 106 60th StrEet, in the R-5R Residential Resort District; and WHEREAS, the said single-family dwelling is a nonconforming use, in that there are two such dwellings on the same lot; and WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the enlargement of a nonconforming structure is unlawful in the absence of a resolution of the City Council authorizing such enlargement upon a finding that the proposed structure, as enlarged, will be equally appropriate or more appropriate to the zoning district than is the existing structure; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds that the proposed structure, ~s enlarged, will be equally appropriate to the district as is the existing structure. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the proposed enlargement of the single-family dwelling is hereby authorized, upon the following conditions: 1. That the structure, as enlarged, shall conform to the site plans and renderings entitled ~Epstein Residence, 106 60th Street" prepared by Folck, West and Savage Architects, dated 9-12- 31 32 33 34 35 36 37 00, a copy of which has been exhibited to the City Council and is on file in the Planning Department; and 2. That the structure shall be used only as a single- family dwelling, and no modifications except as shown on the plans referenced in the previous condition, shall be made. Adopted by the Council of the City of Virginia Beach on the 12 day of December, 2000. 38 39 40 41 CA~7934 wmmm/ordres/epstein, res R-2 Decembe~ 1, 2000 42 43 44 45 46 47 48 49 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL Department of Law 2 EXPANSION OF A NON-CONFORMING USE EDWIN EPSTEIN (106 60TM STREET) GENERAL INFORMATION Site Location: 106 60th Street, Lynnhaven District Request: Enlargement of a non-conforming structure in the R5R Residential Resort District. The applicant seeks to enlarge and modify an existing single family residential dwelling. The following four primary changes are proposed: Adding a second story to the existing 1-1/2 story single family home. The proposed second story will provide for an additional 1525 square feet of living space. · Adding a 16'2" wide by 16' long garage onto the front of the existing dwelling. · Removing the existing front porch, and adding a new porch and a second story deck is proposed atop the proposed porch. · Adding an elevated brick terrace and rear entrance to the dwelling on the southern side. In addition to the changes noted above, the applicant intends to replace the existing vinyl siding with a vinyl cedar shake exterior siding, add decorative railings, and replace existing windows and doors. Purpose: To enhance the livability of the existing single-family home. Site Plan: The applicant has submitted a site plan that depicts the changes noted above. Site History: The subject property is improved with two single family homes that have been conveyed to separate owners through the establishment of condominium documents. Because the dwelling units are separate, without any common wall, on one lot, the Zoning Administrator has determined that it does not conform to the City Zoning Ordinance. The City Zoning Ordinance provides for either single family dwellings or duplexes on the site. If there were a common wall, with a minimum of 100 square feet of enclosed area connecting the existing structures, the project would conform to the City Zoning Ordinance use provisions. The applicant appeared before City Council on November 9, 1999 for an enlargement to a nonconforming structure on the subject site. A second story addition, a carport, and a two story open porch were proposed as alterations and additions to the existing structure. City Council approved the request as submitted. The applicant wishes to Edwin Epstein, Non-Conforming Use, December 12, 2000 Page 1 Site Size: Zoning: modify the previous approval with this request. 4,375 square feet of this 8,750 square foot parcel. R5-R Residential Resort District Surrounding Land Use and Zoning: All of the immediate surrounding properties are improved with either single-family homes or duplexes. The area is zoned R-5R Residential Resort District. Property located to the south is zoned H-1 Hotel and is improved with the Ramada Inn 57th Street. Zoning History: On November 19, 1979, City Council denied a variance request to divide the subject property. The requested variance to section 4.4(b) of the Subdivision Ordinance, if approved, would have provided for the subject parcel to be divided into two separate residential lots, neither of the two lots would have met the minimum lot area requirements for the R-5R Residential Resort District. Conditional use permits have been granted in the area to allow for the placement of cellular antennas atop the existing Ramada Inn structure. On November 5, 1984, and again on March 9, 1987, City Council granted use permits to allow decks to be added onto beach cabanas located on the oceanfront at 59th Street. On September 24, 1991, City Council denied a request to enlarge a garage apartment on property located to the south. On November 9, 1999, this body approved an application for an enlargement to a nonconforming use for this structure. The applicant wishes to modify that request with this application. On August 22, 2000, City Council approved an application for an enlargement to a nonconforming use for the adjacent structure. COMPREHENSIVE PLAN The Comprehensive Plan land use map designates this site for medium density residential use. PUBLIC SERVICES AND FACILITIES Water and Sewer: The existing dwelling is served by city water and sewer. Fire Protection: Adequate Police Protection: Adequate EVALUATION The requested enlargement of the non-conforming dwelling is acceptable as proposed. The City Zoning Ordinance permits development of the subject site with either a single- family home, or a duplex structure. The proposed expansion will not affect the overall density opportunities for the site and will not result in any significant change in the property's use. The improvements will be in keeping with the character of the existing homes located in the area. The enlargement and alterations of the existing structure will not result in any significant amount of additional impervious cover on the site. The proposed addition will enhance the architectural appeal of the existing structure, and the livability of the dwelling. The proposed enlargement is equally appropriate or more appropriate to the district than is the existing nonconformity, and the proposal is Edwin Epstein, Non-Conforming Use, December 12, 2000 Page 2 recommended for approval subject to the conditions listed below. CONDITIONS The structure, as enlarged, will conform to the site plans and renderings entitled "Epstein Residence, 106 60th Street, prepared by Folck, West & Savage Architects, dated: 9-12-00, a copy of which had been exhibited to the City Council, and is on file in the Planning Department. The structure shall be used only as single family dwelling, and no modifications, except those shown on the plans referenced in the previous condition, shall be made. Edwin Epstein, Non-Conforming Use, December 12, 2000 Page 3 Map L-4 Hap Nat t.o Scale Edwin S. Epstein, MD Change in Nonconforming Use Gpin 2419-81-1615-0102 II NORTH Edwin Epstein, Non-Conforming Use, December 12, 2000 Page 4 Edwin Epstein, Non-Conforming Use, December 12, 2000 Page 5 Edwin Epstein, Non-Conforming Use, December 12, 2000 Page 6 - 31 - Item V-J.2. PLANNING ITEM # 4 7541 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of TR UCKCENTER OF TIDEWATER, INC.,for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF TRUCKCENTER OF TIDEWATER, INC. FOR A CONDITIONAL USE PERMIT FOR A BULK STORAGE YARD R012005017 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Truckcenter of Tidewater, Inc., for a Conditional Use Permit for a bulk storage yard on the east side of South Military Highway, north of Alexandria Avenue (GPIN #1456-27-9020). Said parcel is located at 728 S. Military Highway and contains 20, 03 7. 6 square feet CENTER VILLE - DISTRICT 1 The following conditions shah be required: 1. No more than twenty (20) semi-trucks shall be stored on the site. A six foot (6') high woodprivacyfence shah be installed between the existing building and the chain-link fence along the southern property line for screening of the storage area from Military Highway. A portion of the fence, of the same material and style, may be constructed to provide for a gate into the storage yard area, as noted on the site plan entitled, "Truckcenter of Tidewater "Military Highway, Virginia Beach, VA and dated 8-22-00. The gate shah be closed at aH times unless a vehicle is entering or leaving the storage area. The applicant must request and obtain a deferral for on-site improvements (i.e., curbing, guttering, all-weather surface) from the Director of Planning. 4. This Conditional Use Permit will be valid for a period of one (1) year from the date of approval of City Council. 5. Category VI landscape screening will be required, unless a variance from the Board of Zoning Appeals is granted. This Ordinance shall be effective in accordance with Section 107 60 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of December, Two Thousand 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 December 12, 2000 Item V-J. 3. - 32 - PLANNING ITEM # 47542 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of SUBURBAN CHRISTIAN CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF SUBURBAN CHRISTIAN CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH R012003018 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Suburban Christian Church for a Conditional Use Permit for a Church on the northwest and southwest corners of Bellamy Manor Drive and Meighan Drive (GPIN #1466- 74- 2221; #1466- 74-0341; #1466- 73-1984; #1466- 73-0958; #1466- 73-1813; #1466-63-9898). Said parcel is located at 5132 Bellamy Manor Drive and contains 3.328 acres (KEMPSVILLE- DISTRICT 2 The following conditions shall be required: The site shall be developed substantially in accordance with the submitted siteplan titled, "Master Plan -Phase One, Phase Two and Phase Three Alterations and Additions to Suburban Christian Church "prepared by Pentecost, Deal & Associates, Inc., Architects, dated 9/15/00. The building shall be constructed substantially in accordance with the submitted elevation titled, "Master Plan - North and South Elevations Alterations and Additions to Suburban Christian Church ", prepared by Pentecost, Deal & Associates, Inc., Architects, dated 9/15/00. The building materials shall substantially conform to the building materials of the existing church building. The office trailer located on the main church site shall be removed upon completion of the "educational space addition," shown as part of Phase One. Foundation screening shall be installed along the building walls parallel to Lobaugh Drive and Meighan Drive upon completion of the education wing. Existing foundation screening, if any, may be utilized to meet requirements. Foundation screening shall be installed along the building wall parallel to Bellamy Manor Drive upon completion of the "sanctuary addition" shown as part of Phase Two. Street frontage landscaping shall be installed on the southwest parcel, along Bellamy Manor Drive, Meighan Drive and Providence Road, during Phase One. 6. Category IV screening shall be installed on Lot 19 (the gravel parking area) next to Lot 20 to screen the existing single family dwelling during Phase One. This Ordinance shall be effective in accordance with Section 107 (/) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of December, Two Thousand December 12, 2000 Item V-d.$. - 33 - PLANNING ITEM # 47542 (Continued) 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 $. 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 December 12, 2000 Item V-~4. - 34 - PLANNING ITEM # 4 7543 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of WYCLIFFE PRESBYTERIAN CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF WYCLIFFE PRESBYTERIAN CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH ADDITION R012003019 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon the application of Wycliffe Presbyterian Church for a Conditional Use Permit for a chruch addition at the southwest corner of North Great Neck Road and Millwood Road (GPIN #2408-09-8544; #2408-09-8206; #2408-09-8206; #2408-09-9021). Saidparcel is located at 1445 North Great Neck Road and contains 8. 31 acres. L YNNHA VEN- DISTRICT 5 The following conditions shall be required: Land disturbance for the addition shall be kept at a minimum. Any removal of existing mature trees shall be replaced at a 3:1 ratio. The replacement trees shall be a minimum 2-1/2" to 3" caliper. The building addition shall be constructed substantially in accordance with the submitted elevation titled, "WYCLIFFE PRESBYTERIAN CHURCH, Virginia Beach, Va. ", dated 22 August 2000, prepared by Tymoss & Moss Architects, that is on file in the City of Virginia Beach Planning Department. 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 Twelfth of December, 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 December 12, 2000 - 35 - Item V-J. 5. PLANNING ITEM # 4 7544 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of THE ASSOCIATION FOR THE PRESERVATION OF VIRGINIA ANTIQUITIES for a Conditional Use Permit: ORDINANCE UPON APPLICA TION OF THE ASSOCIATION FOR THE PRESER VA TION OF VIRGINIA ANTIQUITIES FOR A CONDITIONAL USE PERMIT R012003020 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA Ordinance upon application of the Association for the Preservation of Virginia Antiquities for a Conditional Use Permit for a private museum on the south side of Wishart Road, west of Bailewick Drive (GPIN #14 78- 76-0560; #14 78- 76-0261; #14 78- 76-2228). Saidparcel is located at 4405 Wishart Road and contains 4.9 acres. BAYSIDE - DISTRICT 4 The following conditions shah be required: The site shah be developed and landscaped substantially in accordance with the submitted site plan entitled, "Conceptual Site Layout and Landscape Plan of Lynnhaven House Education Center, Lynnhaven House on Wishart Road, Virginia Beach, Virginia," by MSA P.C., dated 09/15/00, on file in the Department of Planning. The building to be constructed on the site shah substantially conform to the building elevations on file in the Department of Planning entitled, "Lynnhaven House Educational Center, Virginia Beach, Virginia, Elevation, "dated 08/14/00. o Parking lot lighting and flxtures should be of a pedestrian scale, low in height, to minimize any potential adverse impact on the residential character of the area.. This Ordinance shah 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 Twelfth of December, Two Thousand ~ting: 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 Council Lady Wilson DISCLOSED she is on the Board for the Lynnhaven House. This position is totally voluntary and she receives no compensation. The City Attorney has advised Council Lady Wilson is able to participate in City Council's discussion and to vote on the application fairly, objectively and in the public ' s best interest. Item V-J. 6. December 12, 2000 - 36- PLANNING ITEM # 47545 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of VEHICLE RECYCLING SOLUTIONS, L.L. C for a Conditional Change of Zoning and Conditional Use Permit: ORDINANCE UPON APPLICATION OF VEHICLE RECYCLING SOLUTIONS, L.L.C. FOR A CHANGE OF ZONING FROM I-1 TO CONDITIONAL I-2 ZO12001189 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Vehicle Recycling Solutions L.L. C. for a Change of Zoning District Classification from I-1 Light Industrial District to Conditional 1-2 Heavy Industrial District at the northeast intersection of Sykes Avenue and Southern Boulevard (GPIN #2417-14- 9602; #2417-234-3655). The proposed zoning classification change to Conditional 1-2 is for industrial land use. The Comprehensive Plan recommends use of this parcel for appropriately located industrial and employment support uses in accordance with other Plan policies. Said parcel is located at 1 O0 Sykes Avenue and contains 23.52 acres. BEA CH - DISTRICT 6 The following condition shah be required: 1. Agreement encompassing proffers shah be recorded with the Clerk of the Circuit Court (DELETE PROFFER #3) ORDINANCE UPON APPLICATION OF VEHICLE RECYCLING SOLUTIONS L.L.C. FOR A CONDITIONAL USE PERMIT FOR THE STORAGE OR PROCESSING OF SALVAGE, SCRAP, OR JUNK (AUTOS) RO1200S021 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Vehicle Recycling Solutions L.L. C. for a Conditional Use Permit for the storage or processing of salvage, scrap, or junk (autos) at the northeast intersection of Sykes Avenue and Southern Boulevard (GPIN #2417-14-9602; #2417-234-3655). Said parcel is located at 1 O0 Sykes Avenue and contains 23.52 acres. BEACH - DISTRICT 6. The following conditions shah be required: The applicant must obtain approval from the Board of Zoning Appeals to use chain link fencing in lieu of solid fencing along the perimeter of the property. 2. The applicant must obtain approval from the Board of Zoning Appeals for the 8' height of the metal fence. The limits of the Resource Protection Area on the site are approximate and have not been field verified. The proffered plan shows all improvements, including the stormwater management facility, landward of the Resource Protection Area. If the limits of the Resource Protection Area are moved further west and/or south as a result of the field verification, the vehicle storage area (labeled customer access area on the plan) will be reduced and the stormwater management facility will be modified to keep all improvements landward of the Resource Protection Area. If the stormwater management facility is required to be expanded beyond the area shown on the site plan during detailed site plan review, the expansion must be made on the western side of the facility. Item V-J. 6. December 12, 2000 -37- Item V-J. 6. PLANNING ITEM # 47545 (Continued) The Resource Protection Area on the site must remain undisturbed and kept in its natural state, except that all junk and debris must be removed. 6. Inoperable vehicles shah not be stored in customer parking area. The development and use of the property shah be materially as shown on the submitted site plan. Modifications to the plan may be made to comply with requirements of the remaining conditions of this use permit. Such modifications shah be submitted to the Director of Planning for his or her review and approval. A revised site plan shah be submitted as provided by Condition 7 showing no new buildin£s within the westerly 300 feet of the 23.52 acre site, shown on the plan as being "Area reserved for future construction of proposed SE Expressway." Any improvements to the site within this area, excluding buildings but including the parking area shown onthe submitted site plan, shah be abandoned and new facilities shah be constructed outside of the reservation area at the applicant's expense within 180 days of notification by the City of Virginia Beach to abandon such improvements for the purpose of accommodating the construction of the Southeastern Parkway and Greenbelt. The City shah not be required to bear any of the cost of the value of the original improvements, including the parking lot, within the reservation area. Prior to the approval by the City of a site plan submitted in accordance with Appendix C of the City Code (Site Plan Ordinance), the applicant and the City of Virginia Beach shah determine a purchase price for the area shown on the submitted plan as being "Area reserved for future construction of proposed SE Expressway." Such price shah be determined by calculating the developable acreage of the site and applying to that acreaee the purchase price per acre for the property paid by the .a. ppHcant to the current owner. This price shah be binding for ft period of five (5) years during which time the Ci~ may pt4rchase from the owner thq portion of the property desienated Cs "Area reserved for future construction of the proposed SE Expressway." In addition to the agreed upon price for the reservation area, the owner of the property reserves the right to .hq.ye taken into account all applicable factors, including, but not ,limited to, the diminution of value to the residual portion of the property. These Ordinances shah be effective in accordance with Section 107 (./) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of December, 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 December 12, 2000 F'OFtM ~0. F'.S. lB City of Virginia Ftcach co R[sPo uc In Reply Refer To Our File No. DFo5254 DATE: TO: Leslie L. Lilley DEPT: FROM: William M. Macali iAfiA~ DEPT: Conditional Zoning Application November 15, 2000 City Attorney City Attorney Vehicle Recycling Solutions, L.L.C. and Coley R. Brickhouse The above-referenced conditional zoning application is scheduled to be heard by the City Council on November 28, 2000. I have reviewed the subject proffer agreement, dated September 25, 2000, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WMM Enclosure AGREEMENT AMONG VEHICLE RECYCLING SOLUTIONS, L.L.C., a Virginia limited liability company (Grantor for indexing purposes); COLEY R. BRICKHOUSE (Grantor for indexing purposes); and CITY OF VIRGINIA BEACH a municipal corporation of the Commonwealth of Virginia (Grantee for indexing purposes) Dated September 25, 2000 GPIN #2417-14-9602 GPIN #2417-24-3655 PREPARED BY.~___.~._.~.' McGuireWoods LLP 9000 World Trade Center Norfolk, VA 23510 Attn: Glenn W. Hampton William Macali City Attorney's Office City Hall Bldg. #1, Room 260 Virginia Beach, VA 23456 THIS AGREEMENT, made this 25~ day of September, 2000, by and between VEHICLE RECYCLING SOLUTIONS, L.L.C., a Virginia limited liability company ("Vehicle Recycling"), contract purchaser of the property described on Exhibit A attached hereto and, COLEY R. BRICKHOUSE, CBrickhouse"), the owner of the property described on Exhibit A attached hereto~ and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia. For purposes of recordation and ease of reference Vehicle Recycling and Brickhouse are hereby referred to collectively as the "Grantors", and the City of Virginia Beach is hereinafter sometimes referred to as the "Grantee". WITNESSETH: WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Grantors' property from I-1 to I-2 Conditional on certain property which contains a total of 23.5 acres, more or less, located in the Beach Election District of the City of Virginia Beach, Virginia, more particularly described in the attached Exhibit A (hereinafter the "Property"); and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including retail purposes, through zoning and other land development legislation; and WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing I-2 zoning districts by the existing City's Zoning Ordinance (CZO), 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 new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions have been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation, of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the Property at the time of recordation of such instrument; provided, however, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. 2 NOW THEREFORE, the Grantors, for themselves, their successors, 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 of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the use of the Property and hereby covenant and agree that these Proffers shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: The following uses, otherwise designated as a principal use in an I-2 zoning district, shall not be allowed under this 1-2 Conditional zoning: (a) lb) (c) (d) (e) Facilities for construction, maintenance and repair of vessels; Military installations; Piers, wharves and docks; Ship supply establishments and facilities; Wholesale and retail establishments dealing primarily in bulk materials delivered by ship, or by ship and railroad or ship and railroad or ship and struck in combination. The following uses, otherwise designated as a conditional use in an I-2 zoning district, shall not be allowed under this 1-2 conditional zoning: (a) (b) (c) (d) Explosives manufacturing, storage and distribution; Passenger vessels permitted by U.S. Coast Guard regulations to carry more than one hundred forty-nine (149) passengers and used for commercial purposes; Petroleum processing; and Solid waste management facilities. With regard to the development and use of the Property which is the subject of the change in zoning classification as set forth in the requested conditional amendment to the Zoning Map, such development and use shall be materially as ~hown on the site plan attached to such request and as finally approved. The Grantors acknowledge that the Grantee may, at any time within five (5) years of the approval of the requested conditional amendment to the Zoning Map, purchase from the owner of the Property, that portion of the Property which is designated as reserved for the future construction of the proposed Southeastern Expressway. Such purchase of land by Grantee shall be on terms and for a price that will be deemed to be just compensation to the owner of the Property, taking into account all applicable factors, including but not limited to, value of the portion of the Property acquired by Grantee and the diminution of value to the residual portion of the Property. 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. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. 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 (~ircuit 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, al~er 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 of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance With such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning 4 Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. VEHICLE RECYCLING SOLUTIONS, L.L.C. Coley R. Brickhouse STATE OF VIRGINIA CITY/COU~,iTY OF , to-wit: The foregoing instrument was acknowledged before me by ../z~/*qv/~. ~./~,~/3~/L, as Dq 6- t~ of Vehicle Recyclingr~.olutions, L.L.C., a Virginia limited liability company on behalf of said company this ,gb-~lay of September, 2000. My Commission Expires: Notary Public STATE OF VIRGINIA ~ L CITY/COUNTY OF /_.~, o~sae, m~ _ , to-wit: % The foregoing instrument was ~~/~~~_. acknowledged befor e b ole . day of September, 2000. Notary,Public My Commission Expires: _ g ('~ '~ 06) ~ Brickhouse, this__ 5 EXHIBIT A All those certain pieces or parcels of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, State of Virginia, known and designated as Parcel 'X' and Parcel 'Y' as shown on that certain plat entitled "Resubdivison of Part of Lots 54, 55 & 56 and All of Lots 57 and 58, Plat of Oceana Gardens Lynnhaven Borough-Virginia Beach, Virginia, for Edna Y. Tabor & Jeanne S. Allen" which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 185, at page 54. It being a part of the land conveyed to Edna Y. Tabor and Jeanne S. Allen by deed of Tidewater Marine Investment Corporation, formerly Tidewater Used Auto Parts, Inc., dated March 24, 1978, recorded in the aforesaid Clerk's Office in Deed Book 1765, at page 791. U:\UWRENCHIT~proffer agreem~-nt 2.doc 6 Item V-J. 6. PLANNING Upon motion by Vice Mayor Sessoms, - 38 - ITEM # 4 7546 seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of REGENT UNIVERSITY for a Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF REGENT UNIVERSITY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5D to 0-2 Z012001190 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, Ordinance upon application of Regent University for a Change of Zoning District Classification from R-5D Residential District to 0-2 Office District located on the on the west side of Centerville Turnpike, south of Indian River Road. The proposed zoning change to 0-2 is for office land use. The Comprehensive Plan recommends use of this parcel for suburban residential with medium and high densities that are compatible with single family use in accordance with other Plan policies. Said parcel contains 9.432 acres. CENTERVILLE- DISTRICT 1 VIRGINIA These Ordinances shall be effective in accordance with Section 107 0~) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of December, Two Thousand Voting: I1-0 (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 December 12, 2000 - 39- Item V-J. 7. PLANNING ITEM # 47547 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council/IDOPTED Ordinance upon application of the CITY OF VIRGINIA BEACH to ,4MEND the Comprehensive Plan re Chesapeake Bay Preservation Act and Floodplains, Ordinance to AMEND the Comprehensive Plan by the addition and revision of provisions pertaining to groundwater resources. The City Manager shah schedule a Briefing early in 2001 re groundwater, water quality USGS Shallow Ground Water Study, inventory of private wells, inventory of private residential above and underground storage tanks for petroleum products, monitoring safe regulatory efforts, the use of septic tanks and "water to air" system. 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 December 12, 2000 AN ORDINANCE TO AMEND THE COMPREHENSIVE PLAN BY THE ADDITION AND REVISION OF PROVISIONS PERTAINING TO GROUNDWATER RESOURCES 10 11 12 13 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Comprehensive Plan of the City of Virginia Beach be, and hereby is, amended and reordained by the addition of the underlined portions, and the deletion of the stricken portions, of the attached excerpts from the Comprehensive Plan (Pages 51, 186, 187, 193 - 200, 247, 249, 250-A, 250-B and 250-C), the same being labelled "Virginia Beach Comprehensive Plan, November 4, 1997," and having been exhibited to the City Council on this day. 14 15 Adopted by the Council of the City of Virginia Beach, Virginia, on the 121 day of DECEMBER , 2000. 16 17 18 19 CA-7904 wmm~ordres~gndwtramds.ord R-1 November 8, 2000 Item V-K.I. APPOINTMENTS - 40- ITEM # 4 7548 B Y CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: HEAL TH SER VICES AD VISOR Y BOARD HUMAN RIGHTS COMMISSION December 12, 2000 Item V-K.2. - 41 - APPOINTMENTS ITEM # 4 7549 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: Stephen W. Burke Gerald S. Divaris Eric A. Hauser Donald L. Maxwell Meyera E. Oberndorf I-Year Term 1/1/01 - 12/31/01 HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE 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, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None December 12, 2000 Item V-K. 3. - 42 - APPOINTMENTS ITEM # 4 7550 Upon motion by Vice Mayor Sessoms, City Council NOMINATED: Vicki E. Short, Family Member Unexpired thru 12/31/02 Helen P. Shropshire 1/1/01 - 12/31/03 COMMUNITY SER VICES BOARD (to be appointed 01/02/01) lin accordance with Virginia State Code, Section 3 7.1-195, information on the above proposed appointees is available in the Office of the City Clerk] 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, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None December 12, 2000 Item V-K. 4. - 43 - APPOINTMENTS ITEM # 4 7551 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: Mary Paul Tinney 4- Year Term 1/1/00- 12/31/03 SENIOR SER VICES OF SOUTHEASTERN VIRGINIA [SEVAMP] 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, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None December 12, 2000 - 44 - Item V-K. 5. APPOINTMENTS ITEM # 4 7552 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: Frederick J. Napolitano (Board of Directors) 5-Year Term 1/1/00 - 12/31/04 VIRGINIA BEACH FOUNDATION 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, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None December 12, 2000 Item V-M. 1. - 45 - NEW BUSINESS ITEM # 4 75521 B Y CONSENSUS, CITY CLERK TO RECORD, BY CONSENSUS, the ABSTRACT OF CIVIL CASES RESOLVED - November 2000 December 12, 2000 - 46- ITEM # 4 7554 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: LEGAL MATTER& 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 of legal advice by counsel pursuant to Section 2.1-344(A)(7). Contractual Issues - Sportsplex Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council voted to proceed into CLOSED SESSION (2:24 P.M.) 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, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None (Time of Closed Session: 2:24 P.M. to 3:19 P.M.) December 12, 2000 -47- CER TIFICA TION 0 F CLOSED SESSION ITEM # 4 7555 Mayor Oberndorf RECONVENED the Formal Session in the in the Council Conference Room, City Hall Building, on Tuesday, December 12, 2000, at 3:19 P. M. Upon motion by Councilman Jones, seconded by Councilman Harrison, 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, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndor. f,, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None December 12, 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 # 47554, Page 46, 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 me. mber'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 Virsinia Beach City Council. A~ath Hodges Smith, MMC City Clerk December 12, 2000 - 48 - Item V-N. ADJOURNMENT ITEM # 4 7556 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 3:20 P.M. Hooks, CMC Chief Deputy City Clerk City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia December 12, 2000