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HomeMy WebLinkAboutOCTOBER 12, 1999 MINUTESCity of Virginia Beach "COMMUNITY FOR A LIFETIME" CITY COUNCIL 444YOR M£YPRA F OBERN'DORF Al Larg~ VI( E gt4YOR WILLIAM D S£SSOM~ JR At Latgt l INWOOD 0 BRAN'CH III l)t~trt( t 6 Beat h MARGARETL FURE District / ( ~nlct[tll~ WILLIA:14 W tlARRI30N JR Dt~ltt¢t ~ I vmthaten tt4ROLD HEI ~CttOBER At Largt B4RBARA &t tlFNI ~ Y Dt*lrt¢ t 7 I>~tn¢ e~ Anm LOUIS R JOYE3 Dl~'trt¢ t 4 Bawtd~ REBA 3 14~CIANA¥ Oistrt~l ~ Rmt tlaJ/ ~¥A,¥( Y K PARKER 4t Larg~ A .t4 (DON) W~EAS Dt~trul 2 Kemp~wlle J4MES K SPORE City Manager L~3LIE L LILLEY City AltorneI' RUTH HODGES 3~/TH C14( ~AAE Cuy ( htk CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEA( H VIRGINIA 2 ~456 9(~ PItONF (757) 427 4~0~ FAX (757) 426 5669 LMAIL CTYCNCL~CIYY VIRGINIA BFACH VA tis October 12, 1999 I. CITY MANAGER'S BRIEFINGS - Conference Room - 11:00 AM Ao B, EMPLOYEE HEALTH CARE BENEFITS [30 min.] Lynn Sachs, Benefits Coordinator LASK1N ROAD DESIGN [30 min.] E. Dean Block, Director, Department of Public Works II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - 1:00 PM A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber- 2:00 PM A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Jack Austin Diamond Springs Christian 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 October 5, 1999 G, AGENDA FOR FORMAL SESSION The Consent Agenda wtll be determined during the Agenda Review Session and considered in the or&nary course of business by Ctty Counctl to be enacted by one motion. H. RESOLUTION/ORDINANCE . . Resolution to confirm appointment of Beverley Kay Wilson to the position of Assistant City Attorney effective November 1, 1999. Ordinance to ACCEPT and APPROPRIATE $42,000 from the Commonwealth of Virginia to the FY 1999-2000 Operating Budget of the Community Services Board to serve emotionally disturbed and mentally challenged children. PLANNING Apphcat~on of RADDD, LLC, a V~rg~ma L~m~ted Llablhty Company to Modify the Proffers approved March 24, 1998, for a Change of Zomng D~stnct Classfficatlon from 0-2 Office District to Cond~tmnal B-1A Limited Community Business D~stnct m behalf of Ferrell Parkway Associates, Inc., on property West of General Booth Boulevard, 150 feet more or less North of Ferrell Parkway, containing 1.4 acres (PRINCESS ANNE - DISTRICT 7) Recommendation: APPROVAL . Apphcat~on of SPIRIT HOUSE INC., to Modify the Green Run Land Use Plan to allow a group home on the East s~de of Pecan Court, South of Primrose Lane (1435 Pecan Court), contmnlng 9,120 square feet more or less (PRINCESS ANNE - DISTRICT 7). Recommendation: APPROVAL Apphcatlon of THE CITY OF REFUGE CHRISTIAN CHURCH OF VIRGINIA for a Condmonal Use Permit for a church on the East s~de of Pnneess Anne Road, 745 feet more or less South of Gum Bridge Road (1344 Pnncess Anne Road), contalmng 15.67 acres (PRINCESS ANNE - DISTRICT 7). Staff Recommendation: Planmng Comm. Recommendation: INDEFINITE DEFERRAL APPROVAL . Apphcat~on of THE POTTER'S HOUSE CHRISTIAN CHURCH for a Conditional Use Permit for a church at the Southeast comer of Holland Road and Diana Lee Drive (3452 Holland Road), containing 3.119 acres (ROSE HALL - DISTRICT 3) Recommendation: APPROVAL Jo APPOINTMENTS HISTORICAL REVIEW BOARD PARKS AND RECREATION COMMISSION K. UNFINISHED BUSINESS L. NEW BUSINESS 1. ABSTRACT OF CIVIL CASES RESOLVED - SEPTEMBER 1999 M. 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) 10/08/99AP AGENDA\10-12-99. www.virginia-beach.va.us CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 H I M B A S C E S DATE: October 12, 1999 B R C H C R P E PAGE I R R H E J L N A S W A E I O N O A D R S E N U S B L N N O K O E AGENDA C R O E E E A R E M K ITEM # SUBJECT MOTION VOTE H E N R Y S N F R S S I II I/A BRIEFINGS Lynn Sachs, Benefits EMPLOYEE HEALTH CARE BENEFITS Coordinator B LASKIN ROAD DESIGN E Dean Block, D~r, Pubhc Works II/ BEACH EVENTS CONTRACT C~ty Manager ADD explained ON purpose of RFP and defined staff/committee recommendation ADD SCHOOLS PARADE ON CITY STREETS C~ty Manager ON explained h~s review and overturn of staff dec, sion w~th d~rect~on to develop reasonable standards of safet~ Ill/IV/ CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y V/E F MINUTES - October 5, 1999 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y G/H/ Resolution to confirm appointment of ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y 1 Beverley Kay Wilson as Assistant C~ty CONSENT Attorney effective November 1, 1999 2 Ordinance to ACCEPT/APPROPRIATE ADOPTED BY 10-1 Y Y Y Y Y Y Y Y N Y Y $42,000 re C S B re emotionally CONSENT d~sturbed/mentally challen~led children I/1 RADDD, LLC m approved March 24, MODIFIED THE 11-0 Y Y Y Y Y Y Y Y Y Y Y 1998, for COZ ~n behalf of Ferrell Parkway PROFFERS BY Associates at General Booth Boulevard/ CONSENT Ferrell Parkway (PRINCESS ANNE - DISTRICT 7) 2 SPIRIT HOUSE, INC, re Green Run Land MODIFIED the 11-0 Y Y Y Y Y Y Y Y Y Y Y Use Plan at 1435 Pecan Court Land Use Plan (PRINCESS ANNE - DISTRICT 7) to allow Group Home, subject to conditions BY CONSENT 3 CITY OF REFUGE CHRISTIAN CHURCH DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y OF VIRGINIA CUP Church on 1344 INDEFINITELY Pnncess Anne Road (PRINCESS ANNE - BY CONSENT DISTRICT 7) 4 POTTER'S HOUSE CHRISTIAN APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CHURCH CUP Church at 3452 Holland CONDITIONED Road (ROSE HALL - DISTRICT 3) BY CONSENT J APPOINTMENTS HISTORICAL REVIEW BOARD Rescheduled B Y C O N S E N S U S PARKS & RECREATION COMMISSION K/L/1 ABSTRACT OF CIVIL CASES RECORDED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y RESOLVED - SEPTEMBER 1999 CONSENT M ADJOURNMENT 2 23 PM OUR MINUTES VIRGINIA BEACH CITY COUNCIL V~rg~n~a Beach, V~rg~n~a October 12, 1999 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING re EMPLOYEE HEAL TH CARE BENEFITS in the Council Conference Room, Ctty Hall Budding, on Tuesday, October 12, 1999, at l l :OO A.M. Council Members Present: Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy K Parker, and A. M. "Don" Weeks Council Members Absent' Vice Mayor Wtlham D. Sessoms, Jr. William W. Harrison, Jr. [ENTERED: 12:40 P.M.] [ENTERED: 11:55 A.M.] Louis R. Jones [ENTERED: 12:12 [P.M] -2- CITY MANA GER'S BRIEFING EMPLOYEE HEAL TH CARE BENEFITS II:OOA. M. ITEM # 45533 Lynn Sachs, Benefits Coordinator, introduced staff and speclal guests Shana Tuthtll - Benefits Stqff (power point presentation), Jonnette Cool - Benefits Staff Victoria Lewis - Chtef Fmanclal Qfficer for School System, Shawn Strom and Cynthia Weidner- William M Mercer Consulting F~rm for Health Care RFP Lynn advised she has had the privilege of serving the City of Virginia Beach for the part ten years For the last five of those years, she has worked with the consohdated benefits office, which has sigmficantly kept cost rates for health care at or below regional averages for similarly sized employers However, the overall trends are nat favorable for continuing to keep these rates at the historically low level A Request for Proposal for Health Insurance was released on March 22, 1999. The consultmgfirm of WdhamM Mercer assisted with the RFP, reexammed fi~ndmg options and assisted tn premium rate development Health care proposals were received on April 26, 1999, and again on September 20, 1999 A Health Insurance RFP Committee was appointed, consisting of the City Manager, Superintendent of Schools, five School staff and two City staff Health Care Proposals were received from the following six companies MAMSI Sentra/OPTIMA Trigon/Priority United Health Care (self insured only) Vicare (self insured onl.}9 The Health Care RFP requested prtcmg from vendors regarding Sole Source (One vendor providing all the health care services), Dual Option (Two providers wouM provide all the health care services), Self Funded (City and Schools control all the fimds and bear the risk) and Fully Insured (Health Care Vendor controls the health insurance plan and bears the risk) The funding oJ the plan is comprised of Employer Health Subsidy (Operating Budget) and Employee Premium Contributions Approximately $5-MILLION of Employer Premium Subsidy would be paid out under the Operating Budget beginning January 1, 2000 and ending June 30, 2000for the Fiscal Year 1999/2000 and then an additional $5-MILLION after June 30, 2000, for the remaining 6 months of the plan year $2,280 per person has been budgeted for each employee participating m City Health Care There are many network issues to be considered Physician reimbursement rates have been an issue Physicians, nationwide, have become dissatisfied with HMO reimbursement rates Physician unions have been forming tn other parts of the countr, v It is possible there may be network disruption in ourprograms over the next six months Physicians are renegotiatmg contracts with HMO '5 and there have been some speciality groups that have given notice that they will terminate their relationships effective January 1, 2000 NETWORK CONSIDERATIONS HEAL THKEEPERS Three Speciahst Groups have terminated from the HeahhKeepers Network (Two Effective October 1999) Three Spectahst Groups have announced their mtent to terminate from the Network OPTIMA By Octobe~ 31, 1999, all phystcmns need to be recontracted COMMITTEE RECOMMENDATIONS Self Funded Dual Optton Priority LIMO and D tgon PPO OPTIMM HMO From a financial perspective, it ts advantageous to select Trigon as the Sole Carrter for the HMO and the PPO However, Networl~ dtsrupttons tn HealthKeepers led the Commtttee to constder the effect of the reductton tn the network on employee choice bi order to provide employees wtth the option to choose thetr physicians, rather than hmtt their physician choices to those remalmng in the HealthKeepers Network, the Commtttee recommended HMO Dual Optton with the Tt tgon P?O Self funded arrangements were also recommended October !2, 1999 -3- CITY MANAGER'S BRIEFING EMPLOYEE HEAL TH CARE BENEFITS ITEM # 45533 (Continued) Beginning January 1, 2000, the City and Schools have agreed to pay $2,2$O per health care participant per year AD E4NTA GES AND DISAD VANTAGES OF SELF INSURANCE AD VANTAGES Clatms are paid on a "pay as you go" basis Flexibility in setttng budget rates It is not a requtrement to offer state mandated benefits Overall costs will be lower due to the elimination of risk charge If actual claims are lower than expected, the difference ts retatned by the Ctty and schools not the vendor. Avoid payment of state premtum taxes City and Schools have more control over benefits and monetary funds Claims data is owned by the City and Schools DISAD VANTAGES City and Schools assume a certain amount of rtsk. The plan will requtre more active management by tnternal staff than in a fully insured environment Costs can be vat'table There may be future fluctuations in Federal legislatton that include self funded plans. If the actual claims are higher than expected, City and Schools must come up wtth the difference out of premium reserves and interest earned RFP FINAL RECOMMENDATIONS Trigon PPO HealthKeepers HMO OPTIMA HMO Self Funding COMPARISON OF HMO BENEFIT CHANGES 1999/2000 Benefit 1999 2000 OPTIM~ Health Plan Prtmary Care Phystctan Vtstts $10 $15 After Hours PCP Vtstt $10 $15 Spectahst Vtstts $15 $20 $10 Prescrtptton Drugs $10/$20/$35 for genertc, multt-source genertc/low cost brand names, and htgh cost brand name drugs HealthKeepers by Prtortty Health Care, Inc Primary Care Phystctan Vtstts $10 '$15 Spectahst Vtstts $15 $20 Urgent Care Center Vtstt $15 $25 Prescrtptton Drugs $10/$20, generic, brand $10/$20/$35 for genertc, multt-source genertcYlow cost brand names, and htgh cost brand name drugs Vtston Benefits Once every 24 months Once every 12 months October 12, 1999 -4- CITYMANAGER'S BRIEFING EMPLOYEE HEAL TH CARE BENEFITS ITEM # 45533 (Continued) TRIGON KEYCARE PPO COMPARISON 1999-2000 Benefit 1999 2000 Office Vtstt Copay $20 $25 Major Medtcal Deducttble $300 tndtvtdual, $900 famtly $400 tndtvtdual, $1,200 famtly Cotnsurance 80% 70% Prescrtptton Drugs 80% afier deducttble $10/$20/$35 for genertc, multt source genertc/low cost brand names and htgh cost brand name drugs The Consolidated Benefits Office wtll handle day-to-day admtnistration. Health Insurance compantes wtll act as the third party admtntstrator Specific stop loss insurance will be purchased to defer claims expenses which exceed $100, O00 per member Third Party administrator will be paid an administrative fee. The City and Schools shall work closely wtth the followtng offices: Treasurer's Office, City Finance Department, School Office of Bustness Services, Consohdated Benefits Office, employees, insurance companies and Human Resources. The City ,4ttorney's office shall revtew all pertinent contracts and documents for legal sufficiency and provide consultation as necessary. ,4 Health Care Internal Service Fund shall be established to recetve employer and employee contributions and pay clatms Funds wtll accrue interest and maintain (or make progress toward) a fully funded, actuarially computed equity balance. City and School expertence will be accounted for separately. Overall Increase Priority HMO 10. 7% 0 P TIMA HM 0 22. 9 % Trigon PPO 27. 7% 2000 HEALTH CARE AGGREGATE PREMIUMS CITY AND SCHOOLS COMPARISON 2000 Health Benefit Contribution Totals for City & Schools Ctty HMOs Ctty PPO HMOs PPO TOE4LS Ctty School System f0,376,280 171,000 17,583,360 1,399,920 29,530,560 Contrtbutton Ctty/Schools System 4,483,454 188,070 7,904,110 1,002,817 13,578,451 Employee Contrtbutton TOTAL 14.859, 734 359,070' 25,487,470 2,402, 73 7 43,109,011 The Ctty of Virginia Beach ts the second largest employer next to Newport News Shipbuilding. COST CONSIDER.4 TIONS OPTIMA vs PRIORITY FINANCIAL CONSIDERATIONS CITY OF VIRGINIA BEACH AND VIRGINIA BEACH CITY PUBLIC SCHOOLS OPTIMA HEAL THKEEPERS TRIGON TOTAL 2000 Annual Cost 16,385,114 23,962,091 2, 761,807 43,109,013 1999 Annual Cost 13,332,069 21,645,971 2,162,731 37,140,771 Cost Difference 3, 053,045 2,316,120 599,076 5, 968,242 Percentage Increase 22. 90% 10. 70% 2 7. 70% 16.10% October 12, 1999 -5- CITY MANAGER'S BRIEFING EMPLOYEE HEAL TH CARE BENEFITS ITEM # 45533 (Continued)) Victoria Lewis advised the administrative fees are based on enrollment and each carrier has a dtfferent administrattve fee, whtch they charge. The admtmstrattve fee encompasses approximately $30 O0 per employee per month If the 2% reserve is in tack, the Ctty has the flextbdity of accumulattng the reserve or applying it toward a subsequent premium. The employee can have it documented that a particular drug must be taken and can not be genertc. This will be specifically explatned durtng the open enrollment. There will be a Gatekeeper tf the employee is participating in the HMO, but not PPO. ~4 committee will be established to revtew the clatms appeals They will endeavor to have a medtcal professional on the committee. The insurance companies have advised the actual claims have exceeded expected claims to the point where they have dipped into thetr reserves and some of their profit margins An actuarial study was performed as part of thts analysis to determtne what the expected claims probably are. The Ctty is comfortable there ts httle dtfference between what the companies percetved the expected claims would be under the fully msured and the self insured. $5-MILLION represents the total amount budgeted per employee ( $2,280 per employee). 1710 of the total is derived from the Schools and 1/12from the City For a fully tnsured arrangement, the risk charge goes to the insurance company. With a self-tnsured arrangement, the Ctty retatns the risk charge to build up a reserve and accumulate interest. The rtsk charge ts 2.1% of the total program. ~4ll figures fluctuate depending upon the enrollment. October 31, 1999, is the deadline for phystcians ' contracts. This item will be SCHEDULED for a Formal Vote during the City Councd Session of October 26, 1999. Mayor Oberndorf advised she will be unable to attend this meettng as she will be tn Mlyazakt, Japan, hea&ng the VIRGINIA BEA CH DELEGATION to the INTERNATIONAL VOL UNTEER SUMMIT. October 12, 1999 -6- CITY MANA GER'S BRIEFING LASKIN ROAD DESIGN 12:03 P.M. ITEM # 45534 Dean Block, Dtrector of Pubhc Works, advtsed Laskin Road Phase I ts a $19-MILLION Vtrgtma Department of Transportatton (VDOT) funded project The project has been included tn the Capttal Improvement Program for several years and has been an &lane sectton for part o fits &stance, parttcularly through the htgh volume commerctal &strwt wtth 6 lanes further east The project ts currently on ttme and wtthm budget The purpose of the presentatton ts to provtde an update on the destgn and status and outhne the context and need for the parttcular &lane portion through the heavy commerctal dtstrlct and also outhnmg expectattons regardmg plans to enhance the landscapmg and the aesthetws throughout the roadway destgn of thts lmportant project Councd Lady Parker had requested thts brteftng John Herzke, Ctly Engmeer. advtsed a memo was previously provtded to Ctty Council outhnmg some of the destgn features oJ the Laskin Road destgn Mr Herzke advtsed thts ts not vtewed as capactty and road stze versus aesthettcs There ts a blend of both, whtch ts the common goal to which the Ctty ts strivmg Mr Herzke advtsed the &lanes wouM be utthzed prtmartly tn the Htlltop area tn thts heavy commerctal area comparable tn stze to Pembroke Mall The &lanes wouM be the eastern end of thts commercial acttvtty, transtttontng to 6-lanes out to the oceanfront Currently, there are 41,000 carsper day on Laskin Roadand thts ts esttmated to be apprommately 50,000 cars per day by the year 2015 By 2004, the constructton of thts project ts expected to be completed LEVEL OF SERVICE 2004 2015 4 lanes/service roads F F 6 lanes D E 8 lanes C C Bastcally, there ts about a 35-foot median with 2 lanes in each direction, a two 2-lane service roads, main line, and utility strips on the outside of about 11 to 15feet From the servtce road to the servtce road, there ts baswally 147feet of roadway When thts ts tmproved to the proposed 8 lanes anddevelop the four lanes tn each &rectton, apprommately one foot wdl be gamed tn the me&an The me&an stays at about 36feet There are now outstde areas from behtnd the curb of about 18 to 24 ~ feet Therefore, greater landscape opportumttes have been budt tn, not only tn the me&an, but on these outside areas and there ts a total roadway footprint of 134 feet Therefore, the roadway footprint has been reduced by 13 feet The opportunmes have been created for addmonal landscaptng Relattve the corridor study, the Planmng Department has developed concept plans whtch are t llustratmg vartous treatments that are betng proposed along the outstde, on the busmess Jronts and along the me&an As an example, tn the me&am at the roam intersection of First Colonial and Laskin Roads, rather than just a sohd concrete me&an, somethmg on the order ora brick paver will be installed on both sides. There wdl be extenstve landscaping in the middle and outstde The detads will be developed Once thts landscape plan ts presented and they have gone through the process in November, the Ctty wdl confer wtth Ktmberly Horne- VDOT consultant, plus Ctty staff and develop the refined final product The C~ty ts worlang to have an aggresstve and extenstve landscaping plan both on the outstde to soften the shoulders as well as tn the median tn terms of ratsed flower beds The heavdy wooded property oppostte the oM Linkhorn Park Elementary School, has been revtewed As the City cannot find any good development use for thts property, the staff ts plannmg to include this as a "take" to be apart of the Laskm Roadproject for whtch the Ctty wtll have to bear the cost For the sake of purchasmg thts, a beautiful buffer would be maintained utdlzmg thts heavdy wooded area There are opportumttes for some of the parcels at the corner of Laskin and First Colonial Roads where there wtll be qutte a bit of "talang" on the west side of First Colonial Road There are opportunmes for further enhancement of the landscapmg and aesthettcs There are three major (east/wesO roadways tn close prommtty to each other 1-264 ts carrymg apprommately 58,000 vehicles and wall rtse to almost 88, 700. Virginia Beach Boulevard ts at 34,800 and is increasing to 45,600. Therefore, the Ctty ts not overbuddmg tn this htghly commerclahzed area There ts not excess capactty The roads are all full Virginia Beach Boulevard ts not tn the CIP, but ts tn the Master Transportatton Plan for tmprovement and wdl probably be a 6-lane road Therefore, this road cannot be constdered for addmonal capacity On the south side of the road is proposed to be a lO-foot bike path and on the north side a 5-foot wide sidewalk. Therefore, there ts good pedestrian access October 12, 1999 -7- CITYMANAGER'S BRIEFING LASKIN ROAD DESIGN ITEM # 45534 (Continued) Mr. Block advised there is continuing development of a commercial nature in this area. The whole project ts approximately 1-~ miles at a cost of approximately $19-MILLION Thts encompasses a major bridge replacement Robert J. Scott, Director of Planning, advtsed there are two factors which increase the number of vehicles on the roadway. People are just driving more There are changes in land use occurring in this area Probably, the most stgntficant ts this entire corrtdor, some of which will probably be redeveloped. Approximately 80% of the geographic area will be replaced by a fatrly intensive commercial center There will be other redevelopment and upgrades in this area. The Planning Commisston said the Hilltop area ts not oriented at all toward pedestrians Mr. Scott does not see this road project as changing this aspect. A lot of people do not cross these streets now and it is not gotng to happen tn the future. Mr. Herzke advised the walkovers work well on interstate facdities, but on urban roadways they have marginal benefits. Mr Block advised to a large extent highway demand follows land use. There is a responstbtlity to move people tn a reasonable manner There will be a PUBLIC HEARING with the corridor consultant in early November. The project is 50 to 55% designed. Council Lady McClanan referenced these wide roads create the concept of dtvtchng the community. An 8- lane road between bustness or home does not unite, it dtvtdes Mr Scott advised the Pubhc Hearing is interactive. Mayor Oberndorf advised a number of the restdents are active garden club members and this will be a rather major infringement on their lives Council Lady Parker believed the City needs to understand that these expanded lanes do create &vision. Council Lady Parker has many reservations. October 12, 1999 -8- AGENDA RE VIE W SESSION 12:40A.M. ITEM # 45535 BY CONSENSUS, the following ttems shall compose the CONSENT AGENDA: RESOLUTIONS H. 1 Resolution re issuance by the Virgtnta Beach Development Authority of Revenue Bonds not to exceed $85,000,000 for Westminster-Canterbury of Hampton Roads, Inc. re constructton, renovatton and equipping of a new 14-story residential wing, coveredparking, expanded wellness center and enlarged auchtorium at 3100 Shore Drive (LYNNHAVEN- DISTRICT 5). H. 2 Ordinance to ACCEPT and APPROPRIATE $42,000 from the Commonwealth of Vtrgima to the FY 1999-2000 Operating Budget of the Community Services Board to serve emotionally disturbed and mentally challenged chtldren ITEM # 45536 1.1 Applicatton of RADDD, LLC, a Virginia Limtted Liability Company to Modify the Proffers approved March 24, 1998, for a Change of Zomng District Classification from 0-2 Office Dtstrtct to Condittonal B-IA Limited Communit~ Business Dtstrtct tn behalf of Ferrell Parkway Associates, Inc, on property West of General Booth Boulevard, 150feet more or less North of Ferrell Parkway, containing 1.4 acres (PRINCESS ANNE- DISTRICT 7) Council Lady Henley expressed concern; however, stnce ~t has been designed and the neighbors believe tt acceptable to them, she wtll vote tn favor of the apphcation. Council Lady Parker wdl vote a VERBAL NAY on thts item. ITEM # 45537 13 Applicatton of THE CITY OF REFUGE CHRISTIAN CHURCH OF VIRGINIA for a Conditional Use Permit for a church on the East side of Princess Anne Road, 745feet more or less South of Gum Bridge Road (1344 Princess Anne Road), contamtng 15 67 acres (PRINCESS ANNE - DISTRICT 7) Council Lady Henley beheved the staff revtew dtd not give consideration to the fact that thts apphcation was directly across Princess Anne Road from the airstrip. Council Lady Henley wouM have major problems creattng a 1,000 seat sanctuary and a 400 person school across from the airstrip. Thts tssue shouM be investigated. Now, the staff has recommended Indefinite Deferral Karen Laslie, Planning, wtll confer with the applicant prtor to the Formal Sesston October 12, 1999 -9- ,4 GENDA RE VIE W SESSION ITEM # 45538 B Y CONSENSUS, the following items shall compose the PL,4NNING B Y CONSENT,4 GEND,4 I1 Application of RADDD, LLC, a Virginta Limtted Liabihty Company to Modify the Proffers approved March 24, 1998, for a Change qf Zoning District Class~ficatton from 0-2 Office Distrtct to Conditional B-IA Limited Communtty Business Dtstrict in behalf of Ferrell Parkway Associates, Inc., on property West of General Booth Boulevard, 150feet more or less North of Ferrell Parkway, containing 1.4 acres (PRINCESS ANNE - DISTRICT 7) 12. Apphcation of SPIRIT HOUSE INC., to Mod~_ the Green Run Land Use Plan to allow_a group home on the East stde of Pecan Court, South of Prtmrose Lane (1435 Pecan Court), contaimng 9,120 square feet more or less (PRINCESS ANNE - DISTRICT 7) 1.3. Apphcation of THE CITY OF REFUGE CHRISTIAN CHURCH OF VIRGINI,4 for a Conditional Use Permit for a church on the East side of Princess Anne Road, 745feet more or less South of Gum Brtdge Road (1344 Princess Anne Road), contaimng 15.67 acres (PRINCESS ANNE - DISTRICT 7) 14. Apphcation of THE POTTER'S HOUSE CHRISTI,4N CHURCH for a Condittonal Use Permit for a church at the Southeast corner of Holland Road and Dtana Lee Drtve (3452 Holland Road), contatmng 3.119 acres (ROSE HALL - DISTRICT 3). Council Lady Parker will vote a VERBAL N,4 Y on Item 1.1. Item 13. will be DEFERRED INDEFINITEL Y, B Y CONSENT. October 12, 1999 -10- BEA CH EVENTS CONTRA CT ITEM # 45539 ADD-ON 12:50 P.M. The Ctty Manager explatned the purpose of the RFP for the Beach Events contract and defined the staff and committee recommendation. Patricia Philltps, Dtrector of Finance, distributed graphs relattve Cash Sponsorship History and City Appropriation/Administrative Fee Ratio The goal of the Ctty staff ts to establish a procurement revtew as objective as is possible Of all the thousands of purchastng contracts, there are very few complaints relative the fairness and professionalism of the process. Henry Ruiz, CVD/Resort Management Office, during the City Council Session of October 5, 1999, introduced his fellow members of the Evaluation Committee who evaluated, ranked and short-listed the proposals Elizabeth O'Malley CVD/Resort Management Office Rick Rowe Parks and Recreation Lt. Tommy Baum Police Department John McConnell DF/Purchastng The City Manager stood by the qualificattons and professionalism of these members. These tnchviduals are primarily involved tn the program. They offer their insights through actual experience in the field. The Ctty selected a competitive negotiation for non professional services, whtch is the category defined tn State law. FINAL RANKING (After Negotiations) OFFERORS Evaluatton Factors Cellar Door Rtsing Tide Downie Productions Experience 25 15 20 Capability & Skill 25 15 I0 Scope of Services 25 20 15 Ftnanctal 16 25 17 Considerations TOTAL 91 75 62 Cellar Door has 36 years of experience in providing hve entertatnment events The firm has 5 years of direct/contractual expertence wtth the City's program. It is a large corporation with formalized bustness structures. The parent company (SFX) ts one of the largest diversified promoter, producer and venue operators of hve entertatnment events. The scope of services tncludes the general entertatnment portion of the program, Beach Events and major events t. e American Music Festival The RFP was structured in a way that the City would provtde a budget for the contract renewal of the General Entertainment and Major Events Program of approximately $1.8-MILLION annually. This amount would be expended on any of the proposals submitted The quality and support levels of the program might vary; however, the cost of the program would not other than as it relates to sponsorships Cellar Door proposed four full time and three part ttme indivtduals. Rising Tide proposed six part time tnchviduals (20% to 25% of their time each which equates to 1- ~ FTE) and tndtcated they would also hire two ad&tional full time Relative the Administrative Fee, there was approximately $160,000 difference tn the two proposals $110,000 can be explained by examining the salary difference related to the staffing component. The events reqmre sufficient staff. The Beach Events program ts much more complex than years ago. Cellar Door has a greater capactty in overall resources and financial strength. Due to the tnclement weather on Labor Day, Cellar Door was able to call upon the Amphttheater (a Cellar Door resource) to provtde additional staffing to asstst October 12, 1999 -11- BEA CH EVENTS CONTRA CT ITEM # 45539 (Continued) ADD-ON When the City had to cancel the Randy Travis event, rather than that costing $ 75, 000, Cellar Door was able to negotiate this down to $ 7, 500, because Cellar Door had national contracts with this particular individual. The City benefitted from this long standing business relationship. Cellar Door was the only firm which addressed thoroughly, and in a comprehensive manner, all the components requested in the RFP as the entertainment and programming aspects, sponsorship plan, program marketing and the use of volunteers. Rising Tide had proposed 31 events and Cellar Door 25. The Rising Tide RFP response changed the mix fairly dramatically, a number of which had previously been reviewed and rejected i.e. the Balloon Festival and Whale Watching Some of the events proposed as new events, the City believed were at the expense of very successful events already existing, such as the proposed reduction tn funding for the Beach Street USA program from $405,000 to $125,000. This would be a major cut tn a fairly successful and well supported program in order to fund newer initiatives which may or may not have merit This is a major concern. The markettngproposal of Cellar Door was 2 inches thick while the Rising Tide submittal consisted of samples of three events that had been produced Cellar Door has tripled their sponsorships in the last three years and has produced a 5-year plan to further expand sponsorships. The average sponsorship yield from their proposal over a 5-yearperiod was $240, O00per year. Rising Tide lndicated sponsorshtp in this market was "tapped out" and proposed $125,000 per year was hopeful during the course of the negotiations, this could be increased to $175,000. These sponsorships assists in offsetting administrative fees. The City Manager advised if the City Council does not wish to concur with the Evaluation Committee and staff recommendation, the RFP can be resohcited and the City Council can be the Review Committee. The Ctty Manager recommends that City Councd does not do this. The City Manager advised Councilman Weeks, that should the City Council, choose not to fund thts program at $I 8-MILLION, the proposers in the RPF were requested to recompute their fee structure and how they would adapt to that loss of funding. Cellar Door was the only entity to respond to this question Rick Berry, Purchasing Agent, advised the majority of the proposals and one of the mostpopular approaches is to estabhsh a level of service which the City is attempting to achieve and have the best offer provided, saving the taxpayers money. Cellar Door has evidenced an increased quahty of service. James B. Ricketts, Director - Convention and Visitor Development, advised Council Lady McClanan, the budget for the American Music Festival is $750,000. Council Lady McClanan had understood from discussions at the Retreat, the City was going to re-evaluate the amount of funding being expended on the major weekend events. Council Lady McClanan wishes these major weekend events reexamined The City Manager advised the RFP was issued prior to the Retreat; therefore, was based on an extension of theprevtous years On the City Council Pending ltems List, the Beach Events program is an item to return to City Council m February 2000, if the City Council desires to adjust the program. Councilman Branch advised these issues will be discussed at the Events Retreat. To expand the events program, the Hotel Association came forward with a 1/2% tax increase, expiring June 30, 2000 The sponsorship funding also equates to over $700,000. The beach had encompassed a 90 to 100 day season with monthly rental signs appearing on marques Now, the Beach receives over one-half of their revenue during the off season months. The Events Program, a 'year round program, is a major contributor to this Councilman Branch cited letters of endorsement for Cellar Door. The City Manager referenced allegations regarding a law suit against Cellar Door concerning discrimination and an issue of a criminal record of an employee of the company Assistant City Attorney Randy Blow chstrtbuted correspondence from Cellar Door's Associate General Counsel Michael Galor in response to the allegations. Vice Mayor Sessoms comphmented the Purchasing Department, headed by Rick Berry, and noted their honesty and expertise. Mayor Oberndorf expressed appreciation to the City Manager for his response and advised this is not the first contested awarding of a contract, as the City has been through same with lifeguard services many years ago and the last event contract when changes tn providers of service were made. BY CONSENSUS, the City Manager shall sign the Beach Events Contract with Cellar Door. October 12, 1999 - 12- CITY COUNCIL COMMENTS ITEM # 45540 1:20 P.M. ADD-ON Mayor Oberndorf advised tt was her understanding, based on the letter faxed to the Principals of Kempsville High School, that the Homecoming Parade would be granted a permit, allowmg them to line up tn the street. On Good Morning Hampton Roads th~s morning, everyfive minutes, they state Kempsvtlle Htgh School would not be allowed to do same The City Manger rewewed the s~tuatton and advised a 'year and 'half ago notice was given to all the High Schools that parades on pubhc streets were not gotng to be permttted. The City Manager overturned the staff's dectston and gave directton to develop reasonable standards of safety. All ten High Schools have been contacted. Council Lady McClanan said this is only once a year and don't the employees malang these decisions have children? Vice Mayor Sessoms referenced the Home Coming Parade in the Stadium at First Colonial and a child betng crushed Vice Mayor Sessoms expand full support of the City Manager's dec~ston. October 12, 1999 - 13- ITEM # 45541 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Ctty Council Conference Room, City Hall Buildmg, on Tuesday, October 12, 1999, at 1 '25 P.M Council Members Present: Ltnwood O. Branch, III, Margaret L Eure, William W. Harrison, Jr., Harold Hetschober, Barbara M Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor Wilham D. Sessoms, Jr. and A. M "Don" Weeks Council Members ~4bsent None October 12, 1999 - 14- ITEM # 45542 Mayor Meyera E. Oberndo~ entertatned a motton to permtt Ctty Council to conduct tts CLOSED SESSION, pursuant to Sectton 2 1-344(A), Code of Virginia, as amended, for the following purpose. PERSONNEL MATTERS: Dtscusston, consideratton or intervtews of prospective candidates for employment, asstgnment, appotntment, promotton, performance, demotton, salaries, dtsciphntng, or restgnatton of specific public officers, appointees, or employees pursuant to Section 2 1-344 (A) (1). Boards and Commisstons. Histortcal Revtew Board Parks and Recreatton Commisston Assistant Ctty Attorney PUBLICLY-HELD PROPERTY' Discussion or constderation of the condition, acquisition, or use of real propertyforpubhc purpose, or of the &sposttion of pubhcly-held real property, for discussion tn an open meeting whtch would adversely affect the bargatnmg posttion or negottatmg strategy of thepublic bodypursuant to Sectton 2 1-344(A)(3). Acquisition~Disposition of Real Property - Central Business District LEGAL MATTERS: Consultation with legal counsel or brtefings by staff members, consultants, or attorneys pertaining to actual or probable htigatton, where such consultatton or briefing in open meetings would adversely affect the negottattng or littgatingposttion of thepubhc body and consultatton with legal counsel employed or retained by a public body regarding specific matters requiring the provtsion of legal advice by such counsel pursuant to Sectton 2 1-344(A)(7) Contractual Negotiation - Central Bustness Dtstrict Legal Briefing - FERC Relicensing Upon motion by Vtce Mayor Sessoms, seconded by Councilman Branch, City Councd voted to proceed tnto CLOSED SESSION. Voting 11-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., Harold Hetschober, Barbara M. Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor Wdham D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Counctl Members Absent. None October 12, 1999 - 15- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL October 12, 1999 2:10 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Council Chamber, City Hall Buddmg, on Tuesday, October 12, 1999, at 2 10 P M. Council Members Present: Linwood 0 Branch, III, Margaret L Eure, Wdham W. Harrison, Jr, Harold Heischober, Barbara M Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor Wilham D Sessoms, Jr and A. M "Don" Weeks Councd Members Absent: None INVOCATION: Reverend Jack Austin Diamond Springs Christtan Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Wachovia Bank, &sclosed there were no matters on the agenda in whtch he has a "personal interest", as defined tn the Act, esther indtvtdually or tn his capactty as an officer of Wachovia Bank. The Vice Mayor regularly makes this Dtsclosure as he may not know of the Bank's tnterest in any apphcatton that may come before C~ty Councd Vice Mayor Sessoms' letter of January 4, 1999, ts hereby made apart of the record. October 12, 1999 Item V-E. -16- CER TIFICA TION OF CLOSED SESSION ITEM # 45543 Upon motion by Vice Mayor Sessoms, second ed by Councilman Branch, City Councd CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meettng requirements by Vtrginia law were chscussed tn Closed Session to which this certification resolution apphes; AND, Only such public business matters as were identified tn the motion convening the Closed Sesston were heard, dtscussed or constdered by Vtrgtnta Beach Ctty Council Voting: 11-0 Council Members Voting Aye' Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy Ko Parker, Vice Mayor William D Sessoms, Jr. and A. M. "Don" Weeks Councd Members Voting Nay: None Council Members Absent. None October 12, 1999 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 g45542 Page 14, 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. Ru~"ht Hodges Sm- ~-- Cith, MC/AAE City Clerk October 12, 1999 Item V-F. 1 -17- MINUTES ITEM # 45544 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Councd APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of October 5, 1999. Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret £ Eure, William W. Harrtson, Jr., HaroM Hetschober, Barbara M Henley, Lores R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K. Parker, Vtce Mayor William D. Sessoms, Jr. and A M. "Don" Weeks Council Members Voting Nay' None Council Members Absent. None October 12, 1999 Page 2 Oomber I2, 1999 lawsuit m~ans CeLlar Door ha~ or would ~ver condone di~crimia~ry pra~oes is ludicrous and absurd. To our -~.?-m~m, ~b~ seeorut allegation raised is that of Czllar Door's employment of a p~rson wi~ a cflmk~l baok~otmd. Ni~ of all, the aaivity which led ~o this employee's conviction occm'red well over tm y~rs ago and ~ employe~ lm no ~ wi~ or respons/b//ity for p~rfonn/ng the Beach EvenU ~ Secon/, Calla~ Door flfll¥ investigamt th~ c/~,~m~auces surround/rig this employee's pas~ a~ the time he was b/red. We comply sa~fied ourselves ~ given ~ ciro~ su~undi~ ~ ~ent and the fa~t that ~ was a sole aberraiion in a long and distinguished career and tb~_ ii had not ocom'red while he was employed by us and was fully disclosed well b~t'ore ~ employee joined Cellar Door, w~ were mor~ than ¢om~or~l~ having ~ person join ~t~ Cellar Door fs_~!!y whiz bo~ he and CeL~a~ Door have flourished and prosp~.d as a ~ re.mlt of this r~lalionship. Cellar Door Produaiom of V'~ has a long. suocessfi~l history in Virginia Beaok Please do not l~t the unsubs~tiated ami incomplete alleg~ons ora competitive rival bo persuasive in the face of a proud, htsu~rical record of accompl~-,en~ in your ci~, Very m~ly yours, Associae Oeneral Counsel MLO/Iv Sack Boyle Ken MaoDonald ADOPT AGENDA FOR FORMAL SESSION ITEM#45545 BY CONSENSUS, C~ty Council ADOPTED: AGENDA FOR THE FORMAL SESSION - 18- Item V-G.I. ADOPT AGENDA FOR FORMAL SESSION ITEM # 45545 BY CONSENSUS, City Councd ADOPTED: AGENDA FOR THE FORMAL SESSION October 12, 1999 - 19- Bem ~H. RESOL UTION/ORDINANCE ITEM # 45546 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED IN ONE MOTION, Resoluaon 1 and Ordmance 2 of the CONSENT AGENDA. Vottng. 11-0 Council Members Voting Aye: Linwood 0 Branch, Ill, Margaret L. Eure, William W Harrtson, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor Wilham D. Sessoms, Jr and A M. "Don" Weeks Council Members Voting Nay' None Councd Members Absent: None October 12, 1999 - 20 - Item V-H. 1. RESOLUTION ITEM # 45547 Upon motton by Vice Mayor Sessoms, seconded by Councdman Jones, City Councd ADOPTED Resolutton to confirm the appointment of Beverley Kay Wdson to the position of Asststant City Attorney effecttve November 1, 1999. Voting. 11-0 (By Consent) Council Members Votmg Aye' Ltnwood O. Branch, III, Margaret L Eure, William W Harrison, Jr. Harold Heischober, Barbara M Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vtce Mayor Wtlliam D Sessoms, Jr. and A M. "Don" Weeks Council Members Voting Nay: None Council Members Absent. None October 12, 1999 A RESOLUTION APPOINTING BEVERLEY KAY WILSON TO THE POSITION OF ASSISTANT CITY ATTORNEY BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 5 BEACH, VIRGINIA: That pursuant to § 2-166 of the Code of the City of Virginia Beach, Virginia, Beverley Kay Wilson is hereby appointed to the position of Assistant City Attorney, effective November 1, 9 1999. 10 11 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 + October day of , 1999. 12 13 14 15 CA-7503 ORDIN/NONCODE/Wilson. Res October 1, 1999 R-1 16 17 18 19 APPROVED AS TO LEGAL City Attorney -21 - Item V-H.2. ORDINANCE ITEM # 45548 Upon motton by Vice Mayor Sessoms, seconded by Counctlman Jones, C~ty Councd ADOPTED: Ordtnance to ACCEPT and APPROPRIATE $42,000 from the Commonwealth of Vtrginta to the FY 1999-2000 Operating Budget of the Community Services Board to serve emottonally dtsturbed and mentally challenged children. Voting 11-0 (By Consent) Council Members Vottng,dye: £inwood O. Branch, III, Margaret £. Eure, William W. Harrison, Jr Harold Heischober, Barbara M Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vtce Mayor Willtam D Sessoms, Jr. and.4 M. "Don" Weeks Council Members Vottng Nay: None Council Members Absent. None October 12, 1999 AN ORDINANCE ACCEPTING AND APPROPRIATING $42,000 FROM THE COMMONWEALTH OF VIRGINIA TO THE FY 1999-00 OPERATING BUDGET OF THE COMMUNITY SERVICES BOARD WHEREAS, the Community Services Board ("CSB") has 7 received $42,000 in funding from the Commonwealth of Virginia that 8 the CSB recommends be accepted and appropriated by City Council to 9 provide various services set forth below: 10 (a) $17,000 to provide flexible individualized services 11 to children with mental retardation who live at home, and 12 (b) $25,000 to establish a special project incorporated 13 into the Performance Contract with the State to provide additional 14 mental health services for children; and 15 WHEREAS, an additional 0.5 full-time equivalent clerical 16 position must be created to provide the additional services made 17 possible by the additional revenue. 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA: 20 1. That funds in the amount of $42,000 are hereby 21 accepted from the Commonwealth of Virginia and appropriated to the 22 FY 1999-00 Operating Budget of the CSB, to be expended for the 23 purposes set forth below: 24 (a) $17,000 to provide flexible individualized services 25 to children with mental retardation who live at home, and 26 (b) $25,000 to establish a special project incorporated 27 into the Performance Contract with the State to provide additional 28 mental health services for children. 29 2. That an additional 0.5 full-time equivalent clerical 30 position is hereby added to the CSB's FY 1999-00 Operating Budget. 31 3. That funding for the services and programs described 32 in this ordinance is contingent upon continued state funding, and 33 if this funding is reduced or eliminated, then the programs or 34 services, as well as the position established to provide the 35 programs or services, may be reduced accordingly. 36 4. That estimated revenue in the CSB's 1999-00 Operating 37 Budget is hereby adjusted to reflect $42,000 in additional revenue 38 from the Commonwealth of Virginia. 39 Adopted by the Council of the City of Virginia 40 Beach, Virginia, on the 12th day of October, 1999. 41 Requires an affirmative vote by a majority of members of 42 City Council. 43 44 APPROVED AS TO CONTENT: 46 Management ServiC~ 47 CA-7501 48 ORDIN~NONCODE~CSB $42000.ORD 49 OCTOBER 6, 1999 50 R3 APPROVED AS TO LEGAL SUFFICIENCY: ~l~ty A~44/~4~tto~r~Y' ~' ~~ce - 22 - Item V-I ITEM # 45549 PLANNING 1. RADDD, LLC, a Virginia Limited Liability Company MODIFY PROFFERS COZ FERRELL PARKWAY ASSOCIATES (APPROVED: 3/24/98) 2.SPIRIT HOUSE, INC. MODIFY GREEN R UN LAND USE PLAN 3. THE CITY OF REFUGE CHRISTIAN CHUR CH OF VIRGINIA CONDITIONAL USE PERMIT 4. THE POTTER'S HOUSE OF CHRISTIAN CHURCH CONDITIONAL USE PERMIT October 12, 1999 - 23 - Item V-I. PLANNING ITEM # 45550 Upon motton by Vice Mayor Sessoms, seconded by Councdman Jones, City Council APPROVED IN ONE MOTION Items 1, 2, 3 (DEFERRED INDEFINITEL Y) and 4 of the PLANNING BY CONSENT AGENDA. Item I. 3 was DEFERRED INDEFINITEL Y, B Y CONSENT. Vottng' 11-0 (By Consent) Council Members Voting Aye' Ltnwood 0 Branch, III, Margaret L. Eure, William W.. Harrtson, Jr., Harold Heischober, Barbara M. Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E. Oberndor~, Nancy K. Parker, Vtce Mayor Willtam D. Sessoms, Jr. and A. M. "Don" Weeks Counctl Members Voting Nay: None Councd Members Absent: None Council Lady Parker voted a VERBAL NAY on Item I. 1. October 12, 1999 Item V-I. 1. - 24 - PLANNING ITEM # 45551 Upon motton by Vtce Mayor Sessoms, seconded by Councilman Jones, Ctty Council APPROVED Application of RADDD, LLC, a Vtrginta Ltmited Ltabihty Company to Modify the Proffers approved March 24, 1998, for a Change of Zoning District Class~ficatton from 0-2 Office District to Conchtional B-IA Ltmtted Community Bustness District tn behalf of Ferrell Parkway Assoctates, Inc. Ordinance upon Application of RADDD, LLC, a Vtrgtnta Ltmtted Ltabtltty Company to Modify the Proffers approved March 24, 1998, for a Change of Zontng Distrtct Classificatton from 0-2 Office District to Condittonal B-IA Ltmited Community Bustness Distrtct tn behalf of Ferrell Parkway Associates, Inc., on property West of General Booth Boulevard, 150 feet more or less North of Ferrell Parkway (GPIN #2414-05-5571), contaimng 1.4 acres (PRINCESS ANNE- DISTRICT) The proffers shall be modtfied as follows' When the property is developed, it shall be developed substanttally as shown on the exhibtt entttled "CONCEPTPLAN FRIENDL Y'S RESTAURANT AT STRA WBRIDGE, dated June 8, 1999, "Rev August 23, 1999, prepared by Gallup Surveyors & Engineers, Ltd, which has been exhtbtted to the Vtrgtnta Beach City Council and ts on file with the Vtrgtnia Beach Department of Planmng (heremafter "Site Plan "). , When the Property is developed, it shall be landscaped substantially as deptcted on the exhibit entitled "Landscape Plan Friendly's Restaurant at Strawbridge, "dated June 8, 1999, Rev. August 23, 1999, prepared by Gallup Surveyor's & Engineers, Ltd and Patsy Kerry, which has been exhtbtted to the Virginia Beach City Counctl and ts on file with the Virginia Beach Department of Planntng (hereinafter "Site Plan "). o The restaurant depicted on the Site Plan shall have the architectural design, and appearance as depicted on the elevattons titled "Friendly's Restaurants Strawbridge Center - PROPOSED RIGHT-SIDE AND REAR EXTERIOR ELEVATIONS" and "Frtendly 's Restaurants Strawbrtdge Center - PROPOSED LEFT-SIDE AND FRONT EXTERIOR ELEVATIONS," DATED 8/23/99 prepared by Doshi Tavaras Architects, PLLC, which have been exhibited to the Vtrgima Beach Ctty Council and ts on ftle wtth the Vtrginta Beach Department of Planmng (hereinafter "Elevattons ") The building materials used to construct the visible exterior surfaces of the restaurant wtll be those deptcted and destgnated on the Elevations wtth the primary surface material being a colonial reddtsh brown brtck. The freestanding sign identtfied on the Stte Plan shall be a low level stgn between brtck columns as deptcted on the elevatton tttled "Ptlon Sign (40 S.F), August 23, 1999, Strawbrtdge," whtch has been exhibited to the Virgtnta Beach City Counctl and is on ftle wtth the Virginia Beach Department of Planning This stgn shall only be externally illumtnated from ground level October 12, 1999 Ite~ V-I. 1. - 25 - PLANNING ITEM # 45551 (Continued) 10 The only tnternal illumtnatton permitted on budding-mounted stgns shall be indivtdual lettering of the words on the stgns No background hghttng shall be permttted on any buildtng mounted stgnage. No neon hghting vtsible from General Booth Boulevard, McComas Way, or adjoimng property shall be permttted to be placed on the property The parking lot hghting shall be "colomal style" utdizing "Untque Solutions type RSL-350, Black Tradttional Residenttal Postop Ftxture" (or an equtvalent fixture approved by the Planning Director prior to the issuance of an Occupancy PermtO, on black tapered aluminum poles no greater than fourteen feet (14') tn height All outdoor ltghttng shall be shielded, deflected, shaded and focused to direct hght onto the premises and away from adjoimng property The outdoor chning plaza depicted on the Site Plan shall have appropriate metal outdoor furnishtngs tn earth tone colors. The only uses whtch will be permttted in place of a Friendly's Restaurant in the buil&ng deptcted on the Site Plan and Rendering are. (a) another eattng and drinktng establishment without drive-through windows as permitted within the B-IA Ltmited Community Bustness District; or (b) those permitted wtthtn the 0-2 Office Zoning Distrtct and not prohtbtted within the B-IA Limited Community Business Dtstrtct. As to the property descrtbed herein, the Covenants, Restrtcttons and Condtttons set forth herein supersede, in their enttrety, those Covenants, Restrtcttons and Condtttons set forth in that certatn Agreement duly recorded tn the Clerk's office of the Ctrcutt Court of the Ctty of Vtrgtnia Beach, Virginia, in Deed Book 3869, at Page 0152. 11. No change. Voting' 10-1 (By Consen0 Councd Members Voting Aye. Linwood 0 Branch, IIL Margaret L. Eure, Wdliam W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E Oberndo~ Vice Mayor Wilham D. Sessoms, Jr and A M. "Don" Weeks Councd Members Voting Nay: Nancy K Parker Council Members Absent. None October 12, 1999 0~. OUR INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No DF-4976 DATE' September 27, 1999 TO: Leslie L. Lilley DEPT: City Attorney FROM' William M. Macali ~'M DEPT: City Attorney RE: Conditional Zoning Application Ferrell Parkway Associates, Inc. and RADDD, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 12, 1999. I have reviewed the subject proffer agreement, dated June 15, 1999, and have determined it to be legally sufficient and ~n proper legal form. A copy of the agreement ~s attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WMM Enclosure PREPARED BY SYKES CARNES BOURDON & AHERN PC A'i~I'ORNEYSATLAW FERRELL PARKWAY ASSOCIATES, INC., a Virgima corporation and RADDD, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of V~rg~nia THIS AGREEMENT, made this 15th day of June, 1999, by and between FERRELL PARKWAY ASSOCIATES, INC., a Virginia corporation, Property Owner, and RADDD, LLC, a Virginia limited liability company, Contract Purchaser, herein collectively referred to as Grantors; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. WITNESSETH: WHEREAS, Property Owner is the owner of a certann parcel of property located in the Pnncess Anne Borough of the C~ty of Virgima Beach, containing approxamately one and four-tenths of an acre (1.40) and described ~n Exhibit "A'° attached hereto and incorporated herein by this reference, smd property hereinafter referred to as the "Property"; and WHEREAS, the Grantors have initiated a conditional amendment to the Zomng Map of the C~ty of Virgima Beach, Virginia, by petition addressed to the Grantee so as to modify, in its entirety, the previously proffered Covenants, Restrictions and Conditions govermng development of the Property; and WHEREAS, the Grantors have requested Grantee to permit this modification of the previously proffered Covenants, Restrictions and Conditions dated September 30, 1997 to reflect the amendments apphcable to the land use plan on the Property; and WHEREAS, the Grantee's policy is to prowde only for the orderly development of land for various purposes through zoning and other land development legislation; and PREPARED BY SYKES CARNES BOURDON & AHERN PC ATTORNEYS ATLAW WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same t~me to recogmzes the effects of change that wdl be created by the Grantors' proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land s~milarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the pubhc hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, Grantees, and other successors ~n title or interest, voluntardy and without any requirement by or exaction from the Grantee or ~ts governing body and without any element of compulsion or qmd pr.o quo for zomng, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, Grantees, and other successors ~n ~nterest or title: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled 'CONCEPT PLAN FRIENDLY'S RESTAURANT AT STRAWBRIDGE, dated June 8, 1999," Rev. August 23, 1999, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the V~rgima Beach City PREPARED BY ;YKES CARNES BOURDON & AHERN PC ATI'ORNEYSATLAW Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. When the Property is developed, it shall be landscaped substantially as depicted on the exhibit entitled "Landscape Plan Fnendly's Restaurant at Strawbridge, dated June 8, 1999", Rev. August 23, 1999, prepared by Gallup Surveyors & Engineers, Ltd. and Patsy Kerr, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 3. The restaurant depicted on the Site Plan shall have the architectural design, and appearance as depicted on the elevations titled "Fnendly's Restaurants Strawbridge Center - PROPOSED RIGHT-SIDE AND REAR EXTERIOR ELEVATIONS" and "Friendly's Restaurants Strawbridge Center - PROPOSED LEFT-SIDE AND FRONT EXTERIOR ELEVATIONS", dated 8/23/99 prepared by Doshi Tavaras Architects, PLLC, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Elevataons"). 4. The building materials used to construct visible exterior surfaces of the restaurant will be those depicted and designated on the Elevations with the primary surface material being a colonial reddish brown brick. 5. The freestanding sign identified on the Site Plan shall be a low level sign between brick columns as depicted on the elevation titled "Pilon Sign (40 S.F.), August 23, 1999, Strawbridge", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. This sign shall only be externally illuminated from ground level. 6. The only internal illumination permitted on building-mounted signs shall be the individual lettering of the words on the signs. No background lighting shall be permitted on any building mounted signage. No neon lighting visible from General Booth Boulevard, McComas Way, or adjoining property shall be permitted to be placed on the Property. PREPARED BY SYKES CARNES BOURDON & AHERN PC ATTORNEYS AT LAW 7. The parking lot lighting shall be "colonial style" utilizing "Unique Solutions type RSL-350, Black Traditional Residential Postop Fixture" (or an equivalent fixture approved by the Planning Director prior to the issuance of an Occupancy Permit), on black tapered aluminum poles no greater than fourteen feet (14~ in height. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light onto the premises and away from adjoining property. 8. The outdoor dining plaza depicted on the Site Plan shall have appropriate metal outdoor furnishings in earth tone colors. 9. The only uses which will be permitted in place of a Friendly's Restaurant in the building depicted on the Site Plan and Rendering are a) another eating and drinking establishment without drive-through windows as permitted within the B-lA Limited Community Business District; or b) those permitted within the 0-2 Office Zoning District and not prohibited within the B-IA Limited Community Business District. 10. As to the Property described herein, the Covenants, Restrictions and Conditnons set forth herein supersede, in their entarety, those Covenants, Restrictions and Conditions set forth in that certain Agreement duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 3869, at Page 0152. 11. 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 B-lA and 0-2 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. 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 PREPARED BY SYKES CARNES BOURDON & AHERN PC ATTORNEYS ATLAW zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zomng Ordinance even ~f the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zomng Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written ~nstrument recorded in the Clerk's Office of the Circuit Court of the City of Virgxnia Beach, Vargima, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zomng Admimstrator of the City of Virgama Beach, Virgima, shall be vested with all necessary authority, on behalf of the govermng body of the City of Virginia Beach, Virgima, to administer and enforce the foregoing condmons and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to ansure compliance with such conditions, ~ncluding mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the assuance of any of the required buildang or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and PREPARED BY DYKES CARNES BOURDON & AHERN PC A'I-rORNEYSATLAW (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zomng of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Adminmtrator and ~n the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, V~rginia, and indexed in the names of the Grantors and the Grantee. PREPARED BY SYKES CARNES BOURDON & AHERN PC A'I-FORNEYSATLAW WITNESS the following signature and seal: GRANTOR: FERRELL PARKWAY ASSOCIATES, INC., a Virginia corporation Thomas C. Broyles, q~resident (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 16th day of June, 1999, by Thomas C. Broyles, President of Ferrell Parkway Associates, Inc., a Virginia corporation, on behalf of said corporation. Notary Public My Commission Expires: August 31, 2002 PREPARED BY SYKES, CARNES BOURDON & AHERN PC A'I-t'ORNEYSA~LAW WITNESS the following signature and seal: GRANTOR: RADDD, LLC, a Virginia limited liability company Deanna S. Lloyd, Memb~ STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 15th day of June, 1999, by Deanna S. Lloyd, Member of RADDD, LLC, a Vlr3.:nis hmited habflity company, on behalf of said company. Not~ Public My Commission Expires' August 31, 2002 PREPARED BY SYKES CARNES BOURDON & AHERN PC A'[-I'ORNEYSA~LAW EXHIBIT "A" Beginning at the south-eastern Corner of Parcel A-3 as shown by the TAF Group titled "Subdivision of Parcel A-1 of Ferrell Parkway Associates, Inc.", recorded in Map Book 240 at page 22, in the Clerk's Office of the City of Virginia Beach, smd point falling along the Northernly line of General Booth Boulevard, thence curving to the right a radius of 2,619.82, a distance of 56.78' to a point, thence S 08 00' 08' E a distance of 14.28' to a point thence continuing along said right of way along a curve to the right a radius of 418.00 a length of 75.00' to a point, thence continuing along said right of way curve to the left a radius of 462.00' a distance of 101.23' to a point, thence continuing along said right of way a curve to the left of the radius of 1,622.17' to a point, a length of 90.00' to a point, thence departing from said right of way along a bearing of N33 44' 53" W a distance of 292.02' to a point, thence along a length of 48.94' to a point, thence N28 20' 00' W a distance of 9.78' to a point, thence N59 42' 47" E a distance of 207.70' to a point, thence S42 02' 45" E a d~stance of 178.58" to the point of beginning, containing approximately 1.4 acres. CONDREZN/FRIENDLY/PROFFER 1 Item V-I.2. - 26- PLANNING ITEM # 45552 Upon motion by Vice Mayor Sessoms, seconded by Counctlman Jones, Ctty Councd ADOPTED an Ordinance upon Application of SPIRIT HOUSE INC., to Mod~_ the Green Run Land Use Plan to allow a group home. ORDINANCE UPON APPLICATION OF SPIRIT HOUSE, INC, FOR A MODIFICATION TO THE GREEN R UN LAND USE PLAN TO ALLO WA GROUP HOME ZO1091146 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Sptrit House Inc , for a modificatton to the Green Run Land Use Plan to allow a group home on certatn property located on the east side of Pecan Court, south of Primrose Lane (GPIN #1485- 77-53 78). Saidparcel is located at 1435 Pecan Court and contains 9,120 square feet more or less. DISTRICT 7 - PRINCESS ANNE The followtng condittons shall be requtred: Use of the property shall consist of an Adult Care Residence to include residential accommodattons and counseling and related servwes for residents 2. There shall be no more than four (4) residents living tn the home and one (1) live-in admimstrator. There shall be no extertor evtdence that the facihty is used in any way other than as a single-family dwelling, except for a stgn on a mailbox or a 1-foot by 1-foot sign on the house. Any vehtcle larger than a standard automobile, such as a van or a bus, whtch is used to transport residents to and from the restdence shall access the residence from the adjacent parlang lot of Holy Sptrtt Cathohc Church rather than from Pecan Court This Or&nance shall be effective tn accordance with Section 107 (f) of the Zoning Ordinance Adopted by the Council of the C~ty of Virgtnia Beach, Vtrgima, on the Twelfth of October, Ntneteen Hundred and Ntne~-Ntne Voting: 11-0 (By Consent) Council Members Voting Aye. Ltnwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., Harold Hetschober, Barbara M. Henley, Louts R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vtce Mayor Wtlliam D. Sessoms, Jr and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent' None October 12, 1999 Item V-I.3. -27- PLANNING ITEM # 45553 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Jones, Ctty Council DEFERRED INDEFINITEL Y, an Ordinance upon applicatton of THE CITY OF REFUGE CHRISTI4N CHURCH OF VIRGINIA for a Conchtional Use Permit. for a church. ORDINANCE UPON APPLICATION OF THE CITY OF REFUGE CHRISTIAN CHURCH OF VIRGINIA FOR A CONDITIONAL USE PERMIT FOR A CHURCH R010993000 Ordinance upon application of The Ctty of Refuge Chrtsttan Church of Virginta for a Conchtional Use Permit for a church on certatn property located on the east side of Princess Anne Road 745feet more or less south of Gum Bridge Road (GPIN #2401-95-5408) Satdparcel is located at 1344 Princess Anne Road and contains 15.67 acres PRINCESS ANNE Voting: 11-0 (By Consent) Council Members Voting Aye' Linwood O. Branch, III, Margaret L Eure, William W. Harrison, Jr., Harold Hetschober, Barbara M Henley, Louis R. Jones, Reba $. McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor Wtlliam D Sessoms, Jr and A M. "Don" Weeks Council Members Voting Nay: None Council Members Absent None October 12, 1999 Item V-I.4. - 28 - PLANNING ITEM # 45554 Upon motion by Vice Mayor Sessoms, seconded by Counctlman Jones, City Counctl ADOPTED an Ordinance upon applicatton of THE POTTER'S HOUSE CHRISTIAN CHURCH for a Conditional Use Permtt for a church: ORDINANCE UPON APPLICATION OF THE POTTER'S HOUSE CHRISTIAN CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of The Potter's House Christian Church for a Conditional Use Permttfor a church at the southeast corner of Holland Road and Diana Lee Drive (GPIN #1486-73-7186). Satd parcel ts located at 3452 Holland Road and contatns 3 119 acres DISTRICT 3 - ROSE HALL. The followtng condittons shall be required. 1 The unit shall be used for gathenngs only dunng the evenings between 6. 30 and lO:OO pm and all day Sunday. 2 No more than seventy-five (75) people can attend meettngs or gatherings at any one ttme. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance Adopted by the Council of the Cay of Virgima Beach, Virginia, on the Twelfth of October, Nineteen Hundred and NineS-Nine Vottng. 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., Harold Hetschober, Barbara M Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vtce Mayor Wtlliam D. Sessoms, Jr. and A M. "Don" Weeks Counctl Members Vottng Nay. None Counctl Members Absent None October 12, 1999 - 29 - Item VoJ. APPOINTMENTS ITEM it 45555 BY CONSENSUS, City Councd RESCHEDULED the following APPOINTMENTS. HISTORICAL REVIEW BOARD PARKS AND RECREATION COMMISSION October 12, 1999 - 30- Item V-L. 1. NE W BUSINESS ITEM # 45556 B Y CONSENSUS, Ctty Council ACCEPTED, FOR RECORDATION: ABSTRACT OF CIVIL CASES RESOLVED - SEPTEMBER 1999 October 12, 1999 - 31 - Item V-M. AD JO URNMENT ITEM # 4555 7 Mayor Meyera E. Oberndorf DECLARED the City Council Meettng ADJOURNED at 2:23 P.M. Chtef Deputy Ctty Clerk C~ty Clerk Meyera E. Oberndorf Mayor Ctty of Vtrgtnta Beach Virgtnta October 12, 1999