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Home My WebLink AboutSEPTEMBER 28, 1999 MINUTESCity of Virginia Beach CITY COUNCIL M'IYOR MEYERA E OBERNDORF At Large VI( E MAYOR WILLIAM D SESSOMS JR At Large LI'qWOOD 0 BRANCH HI Dtstrt(t 6 Beach MARGARET L EURE Dtstrtct I Centervtlle WILLIAM W HARRISON JR Dtstrtct 5 Lynnha~en HAROLD HEISCHOBER At Large BARBARA M HENLEY Dtstrtct 7 Prtn(e$$ Anne LOUIS R JONES Dtstrt~t 4 Baystde R£BA S McCLANAN Dtstrtct 3 Ro~e Itall NANCY K PARKER At Large A M (DON) WEEKS Dtstrtct 2 Kempsvtlle "WORLD'S LARGEST RESORT CITY" JA~4ES K SPORE Ctty Manager LESLIE L LILLEY Ctty Attorney RUTH HODGES SMITH CMCIAAE Ctly Clerk CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH VIRGINIA 23456 9(K)5 PtlONE (757)427 FAX (757) 426 5669 LMAIL CTYCNC~CITY VIRGINIA BEACtl VA September 28, 1999 I. CITY MANAGER'S BRIEFING - Conference Room - 3:00 PM A. THOROUGHGOOD HOUSE LEASE [15 min.] II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber- 6:00 PM A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Stewart Saul Christ Presbyterian 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 September 14, 1999 G. AGENDA FOR FORMAL SESSION The Consent Agenda wtll be determtned durtng the Agenda Review Session and considered tn the ordinary course of bustness by Ctty Council to be enacted by one motion. H. MAYOR'S PRESENTATION 1. PROCLAMATION - CENSUS COMPLETE COUNT COMMITTEE I. PUBLIC HEARING 1. RUDEE LOOP PROPERTY PURCHASE J. ORDINANCES , Ordinances re modifying the scope of Capital Project #9-302, Rudee Loop Development - Phase I (Partial) and the purchase of 2.73 acres of land: ao Encompass the exercise of the previously executed Option Agreement, AMEND the FY 1999-2000 Capital Budget by APPROPRIATING $6,155,250 with funding to be paid by a bank loan and repaid from the Tourism Growth Investment Fund (TGIF); and, authorize the City Manager to exercise an option to purchase real property located at Rudee Loop or b, Authorize the City Manager to further extend an option to purchase real property at Rudee Loop; and, AMEND the Capital Budget by APPROPRIATING $225,000 from the Tourism Growth Investment Fund (TGIF) to extend the option to September 30, 2000 . Ordinance to authorize and direct the City Manager to execute a DEED between Tidewater Transportation District Commission (TTDC) and Transportation District Commission of Hampton Roads (TDCHR) to waive its right to repurchase property at 1400 Parks Avenue, Virginia Beach. , Ordinance to confirm the City Manger's declaration of a local emergency due to the imminent threat of a disaster posed by Hurricane Floyd. e Ordinance to TRANSFER $72,247 from the General Fund Reserve for Contingencies to the FY 1999-2000 Operating Budget of the Office of the General Registrar re expenses associated with the February 29, 2000, Presidential Primary Election. , Ordinance to modify the scope of the ALTERNATIVE USE STUDY - Old Linkhorn Park and Seatack Schools' Capital Project (#1-230) re assessment of the Kemps Landing Magnet School facility; and TRANSFER $40,000 from the various Schools addition Capital Project (#1-057). 6. License Refunds - $26,131.43 K. PLANNING o Petition of GARY BUILDERS, INC., for the discontinuance, closure and abandonment of a 25-foot unnamed street located 150 feet more or less North of the intersection of Connie Lane and Baker Road (BAYSIDE - DISTRICT 4) Recommendation: APPROVAL . Application of LOTUS CREEK ASSOCIATES for a Variance to Section 5B of the Site Plan Ordinance, Floodplain Regulations on property located on Lotus Creek Drive beginning at a point 270 feet more or less South of Camino Real South (PRINCESS ANNE - DISTRICT 7) Recommendation: APPROVAL , Application ofRAHN MeLAWHORN for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires that all newly crated lots must meet all requirements of the City Zoning Ordinance (CZO) at 925 East Sparrow Road (CENTERVILLE - DISTRICT 1) Recommendation: APPROVAL . Application of RH BUILDERS, INC., for the MODIFICATION OF CONDITIONS on the Change of Zoning District Classification from R-5D Residential Duplex District to Conditional R-5D with a PD-H 2 Planned Unit Development District Overlay granted on January 12, 1999, on property located on the North side of Kempsville Road, 450 feet West of Centerville Turnpike (CENTERVILLE - DISTRICT 1) Recommendation: APPROVAL . Application of CORNELIUS F. and ANTONINA S. BOYNTON for a Conditional Use Permit for automobile sales and service at the Southeast comer of Virginia Beach Boulevard and North Witchduck Road (5085 Virginia Beach Boulevard), containing 18,531 square feet (KEMPSVILLE - DISTRICT 2) Recommendation: APPROVAL . Application of CH PARTNERS, L.P., for a Conditional Use Permit for an open space promotion on the South side of Indian River Road, East of Hillcrest Farms Boulevard (3889 Indian River Road), containing 99.62 acres (CENTERVILLE - DISTRICT 1) Recommendation: APPROVAL e Application of ATLANTIC SHORES BAPTIST CHURCH for a Conditional Use Permit for a church expansion on the East side of Centerville Turnpike, North of Kempsville Road (1861 Kempsville Road), containing 10.56 acres (CENTERVILLE - DISTRICT 1) Recommendation: APPROVAL , Application of DAVID P. MAHER - MOTOR SPORTS INC., for a Conditional Use Permit for used vehicle sales and repair on Lots 12 and 13, Block 11 and on Lot A, Block 11 (1680 Indiana Avenue), containing 12,642 square feet (BEACH- DISTRICT 6) Recommendation: APPROVAL , 10. Application of WENDELL C. FRANKLIN for a Change of Zoning (CZO)District Classification from RT-3 Resort Tourist District to Conditional A-36 Apartment District at the Southeast intersection of North Birdneck Road and Pavilion Drive, containing approximately 8.889 acres (BEACH - DISTRICT 6). Deferred: Staff Recommendation: Planning Comm. Recommendation: September 14, 1999 INDEFINITE DEFERRAL APPROVAL Application of the City of Virginia Beach to AMEND Section 211 of the City Zoning Ordinance (CZO) to REPEAL durational limits for political campaign signs. Recommendation: APPROVAL L. APPOINTMENTS PARKS AND RECREATION COMMISSION M. UNFINISHED BUSINESS N. NEW BUSINESS O. 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) 09/24/99BAP AGENDA\09\28\99 www. virginia-beach, va. us o,~ OUR 14/k'i~O¥ MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, V~rginia September 28, 1999 Mayor Meyera E. Oberndorf called to order the CITY MANA GER'S BRIEFING re THOROUGHGOOD HOUSE LEASE tn the Council Conference Room, City Hall Budding, on Tuesday, September 28 1999, at 3:00 P M Councd Members Present: Linwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor Wdliam D. Sessoms, Jr. and,4 M. "Don" Weeks Counctl Members Absent' None -2- CITY M/INAGER'S BRIEFING THOROUGHGOOD HOUSE LEASE 3:00 P.M. ITEM # 45456 Mac Rawls, Director - Museums, advised last year the Thoroughgood House operated only with abbreviated hours on the weekends and during the week by school reservations Mr Rawls ts concerned as Thoroughgood House is one of the most historic landmarks tn Vtrgtnia Beach as well as Vtrginia. He spoke wtth Btll Hennessy, Dtrector- Chrysler Museum, concerning thts problem The City of Norfolk ts the owner of the Thoroughgood House. Chrysler Museum operates the Thoroughgood House for the City of Norfolk, however, the House is too far from the Chrysler Museum and the other two htstortc houses to be tn the "loop" Therefore, they felt it ts not cost-effecttve for them to continue to operate, as they had, whtch was to keep the house open durtng the week Harry Lester, Chairman of the Board of Trustees of Chrysler Museum, became involved Counctlman Branch asststed in facilitating the meetings The posstbilities with Thoroughgood House and the City of Vtrginta Beach were dtscussed. The City of Norfolk and Chrysler Museum would be willtngfor the Ctty of Virgtnia Beach to assume operatton of the house Chrysler Museum would lease the House to the C~ty on a yearly basts at "no cost" All of the authenttc furntshtngs in the house would remain. Henry Clay Hofheimer purchased the house back in the late 1950's and gave it to the City of Norfolk. He was responsible for the restoration and supphed many of the furnishings to the house The lease agreement is stmply wrttten and conveys the uttlizatton of the Thoroughgood House by the City of Vtrgtnta Beach for the remainder of this.fiscal year. The programming, maintenance and care of the House wtll be provtded by the Ctty of Virgtnta Beach. Thts could be combined with the operation of the Francis Land House. The combinatton of the Thoroughgood House and the Francis Land House would be a very effecttve markettng product Btll Hennessy advised the Chrysler Museum ts very enthustastic relative thts proposed arrangement For a good number of years, Chrysler has been struggling with thetr responsibthttes toward the Thoroughgood House to adequately and effecttvely admimster property nearly twenty mtles away from their home base. Mr Rawls proposed the idea of the Thoroughgood House, Francis Land House, and posstbly Lynnhaven House together would be a powerful tourist draw to thts section of the Ctty Mr Rawls advtsed he met wtth the Executive Commtttee of the Francts Land House last week and they were very exctted relattve this coordination of the two Houses. The approxtmate operating cost and maintenance would be $I 05, O00 per year. The cost for the rematnder of this fiscal year would be apprommately $ 75,000. ~4bout $15,000 in revenue (through admtsstons) could be generated for the rematnder of the fiscal year. There is also a small gtft shop and the Chrysler Museum has donated thts inventory. Mr. Rawls &splayed a VB-TV video of the Thoroughgood House Mayor Oberndorf referenced the bus tours in the shoulder months would be able to tour the Francis Land House, the Thoroughgood House -- and, tf the Historical Foundation were interested, maybe Wolfsnare Foundatton mtght wish to be a part. ~4 Thanksgiving feast could be tncorporated tnto the concept Counctlman Jones suggested other existing Houses might want to be tncluded as part of the overall tour BY CONSENSUS, the Ordinance relative the budget approprtation and lease agreement shall be SCHEDULED for the Ctty Council Session of October 5, 1999. September 28, 1999 -3- AGENDA RE VIE W SESSION 3:25 P.M. ITEM # 4545 7 J1 Or&nances re modtfying the scope of Capttal Project #9-302, Rudee Loop Development - Phase I (Partial) and the purchase of 2 73 acres of land: Encompass the exerctse of the previously executed Option Agreement, AMEND the FY 1999-2000 Capttal Budget by APPROPRIATING $6,155,250 with funding to be pard by a bank loan and repatd from the Tourism Growth Investment Fund (TGIF); and, authortze the City Manager to exercise an option to purchase real property located at Rudee Loop or Authortze the City Manager to further extend an option to purchase real property at Rudee Loop; and, AMEND the Capttal Budget by APPROPRIATING $225,000 from the Tourtsm Growth Investment Fund (TGIF) to extend the optton to September 30, 2000 City Attorney Randall Blow distributed a REVISED Option Extenston Terms for item 1.b. This ttem shall be discussed durtng the FORMAL SESSION. ITEM # 45458 .12 Ordinance to authorize and dtrect the City Manager to execute a DEED between Tidewater Transportation Distrtct Commtssion (TTDC) and Transportation Dtstrict Commisston of Hampton Roads (TDCHR) to watve its right to repurchase property at 1400 Parks Avenue, Virgtnta Beach Mayor Oberndorf was advised thts Ordinance referenced a name change on the deed ITEM # 45459 BY CONSENSUS, the following items shall compose the CONSENT AGENDA. ORDINANCES J 2. Ordinance to authorize and direct the Ctty Manager to execute a DEED between Tidewater Transportation District Commission (TTDC) and Transportatton Dtstrtct Commtssion of Hampton Roads (TDCHR) to waive its rtght to repurchase property at 1400 Parks Avenue, Vtrginia Beach. J 30rdmance to confirm the City Manger's declaration of a local emergency due to the immtnent threat of a chsaster posed by Hurricane Floyd. .14 Ordinance to TRANSFER $72,247 from the General Fund Reserve for Contingenctes to the FY 1999-2000 Operattng Budget of the Office of the General Registrar re expenses associated with the February 29, 2000, Presidential Primary Election. J S. Ordinance to modify the scope of the ALTERNATIVE USE STUDY - OM Linkhorn Park and Seatack Schools' Capttal Project (#1-230) re assessment of the Kemps Landing Magnet School facility, and TRANSFER $40,000 from the various Schools addttton Capttal Project (#1-057). J 6 License Refunds - $26,131.43 September 28, 1999 -4- AGENDA RE VIEW SESSION ITEM # 45460 (Continued) K 2. Application of LOTUS CREEKASSOCIA TESfor a Variance to Section 5B of the Site Plan Ordinance, Floodplain Regulations, on property located on Lotus Creek Drive beglnntng at a point 270feet more or less South of Camino Real South (PRINCESS ANNE - DISTRICT 7 Councd Lady Henley advised a Variance to the floodplain regulations needs to be chscussed and requested the City Manager to schedule a Briefing ITEM # 45461 K. 5 Apphcation of CORNELIUS F. and ANTONINA S. B O YNTON for a Conditional Use Permit for automobile sales and servtce at the Southeast corner of Virgima Beach Boulevard and North Wttchduck Road (5085 Virginia Beach Boulevard), contatmng 18, 531 square feet (KEMPS VILLE - DISTRICT 2) Council Lady Eure referenced the addition of con&tion. No outside speakers shall be permitted. Robert Scott, Director Planning, will confer with the applicant prior to the Formal Session. ITEM # 45462 K 6. Application of CH PARTNERS, L.P., for a Conchtional Use Permit for an open space promotton on the South side of Indian River Road, East of Hlllcrest Farms Boulevard (3889 Indian River Road), containing 99 62 acres~rr' ~ ~, T~ ~ .~, ~, ,7,,, ~.~.~.~ · ~ ~,~ ~ ,-, ,v~ ~,,""T ,~ ~ 4-) (PRINCESS ANNE - DISTRICT 7) Council Lady Eure and Councilman Branch advised this is in the Princess Anne District, NOT Centerville. Council Lady Henley inquired whether the developer would provide the amenities to the park before he deeds tt to the Homeowners Association or would the Homeowners Association be expected to outfit thepark Mr. Scott advised the City Code requires the improvements be made prior to the conveyance of the site. Council Lady Henley inquired relative who has the responsibility for maintaining the landscaping in the reservation area. The responsibthty goes to the entity who holds the title to the land until the City acquires that particular area of the right-of-way and then the responsibility goes to the City. Council Lady Henley advised that both the applications state the 5-foot contour ts the floodplain level She is concerned with the flooding in these areas as 5feet is not very high Councilman Branch requested information be furnished on the elevation of Lake Placid Council Lady Eure referenced Page 31-3 "The plan also reflects that as many as nine (9) lots may be impacted by the flood plain (elevation 5feet and below) The appllcant's consultant has indicated that all proposed lots will meet the minimum of 9000 square feet above the 5-foot contour (the 9,000 square feet is the minimum lot area for lots utilizing the R-15 Residential District/Open space Promotion) This aspect of the development will be addressed during detailed construction plan review and, if adequate mitigation is not provided, there is a potential for a loss of lots. "Council Lady Eure inquired whether this ts being ensured tn Condition 6. Mr Scott advised the applicant wouM have to go through a more detailed review, even if they had to lose lots to do it, they have to satisfy the requirements. Concerning Page 31-6, is the language tight enough' "Therefore, the developers, for this site and the adjacent developable sites will be expected to cost parttcipate with the City to ensure that adequately stzed pumps are installed to meet the developers' needs, if sewer service ts needed prior to completion of CIP 6-023 Mr Scott advised this concept was suggested by the Public Utthties Department to bring this project into comphance with other projects of this nature September 28, 1999 -5- AGENDA RE VIE W SESSION ITEM # 45463 K. 8 Application of DAVID P. MAHER- MOTOR SPORTS INC., for a Condtttonal Use Permtt for used vehtcle sales and repatr on Lots 12 and 13, Block 11 and on Lot,l, Block 11 (1680 Inchana Avenue), containing 12, 642 square feet (BEACH- DISTRICT 6) Counctl Members Parker and Eure referenced the ad&tton of con&ttons. Only monument-style signage shall be used and No outside speakers shall be permitted Mr. Scott shall confer wtth the applicant concermng the addition of these conditions prtor to the Formal Session. ITEM # 45464 Application of WENDELL C. FRANKLIN for a Change of Zoning District Classificatton from RT-3 Resort Tourist Distrtct to Conditional ,4-36 Apartment District at the Southeast intersectton of North Btrdneck Road and Pavihon Drtve, contaimng approxtmately 8 889 acres (BEACH- DISTRICT 6) Councilman Branch inquired relative the necessary document so that the other property across 19tn Street would be commercial zoning Asststant Ctty Attorney William Macali advtsed the restrtctive covenant whtch prohtbtts any land of restdenttal development on the site across from the apphcatton site has been revtewed Mr Macah advtsed that when the appeal period runs out, thts will be recorded In the meanttme, they have stgned a letter advising they wtll not sell the property. ITEM # 45465 K10 Applicatton of the City of Vtrgtnta Beach to AMEND Section 211 of the Ctty Zontng Ordinance (CZO) to REPEAL durattonal hmtts for pohttcal campaign stgns Thts proposed Ctty code change would brtng the Zoning Ordinance into compliance with recent court ruhngs. Thts Ordtnance shall be DEFERRED INDEFINITELY for further review. ITEM # 45466 BY CONSENSUS, the the following items shall compose the PLANNING BY CONSENT AGENDA: K 1 Petition of GARY BUILDERS, INC., for the chscontinuance. closure and abandonment of a 25-foot unnamed street located 150feet more or less North of the tntersectton of Connte Lane and Baker Road (BA YSIDE - DISTRICT 4) K 3 Application ofRAHNMcLA WHORNfor a Variance to Sectton 4. 4(3) of the Subdivtsion Ordinance which requires that all newly crated lots must meet all requtrements of the City Zontng Ordinance (CZO) at 925 East Sparrow Road (CENTER VILLE- DISTRICT 1) K. 4 Apphcatton of RH B UILDERS, INC.,for the MODIFICATION OF CONDITIONS on the Change of Zontng District Classt. ficatton from R-5D Restdenttal Duplex Dtstrtct to Conchttonal R-SD with a PD-H 2 Planned Untt Development Dtstnct Overlay granted on January 12, 1999, on property located on the North stde of Kempsvtlle Road, 450feet West of Centerville Turnpike (CENTER VILLE- DISTRICT 1) September 28, 1999 -6- AGENDA RE VIE W SESSION ITEM # 45466 (Continued) K5. Application of CORNELIUS F. and ANTONINA S. BO YNTON for a Conditional Use Permit for automobde sales and servtce at the Southeast corner of Vtrgmta Beach Boulevard and North Wttchduck Road (5085 Vtrgmia Beach Boulevard), containing 18, 531 square feet (KEMPSVILLE - DISTRICT 2) K6 Apphcatton of CH PARTNERS, L.P., for a Conchttonal Use Permtt for an open space promotion on the South side of Indian River Road, East of Htllcrest Farms Boulevard (3889 Indian River Road), containing 9962 acres (CENTERVILLE - D~SrRIcr 1) K 7 Application o. fA TLANTIC SHORES BAPTIST CHURCH for a Condttional Use Permtt for a church expanston on the East stde of Centervtlle Turnpike, North of Kempsvdle Road (]861 Kempswlle Road), containing 10.56 acres (CENTERVILLE - DISTRICT 1) K8 Application of DAVID P. MAHER- MOTOR SPORTS INC., for a Con&ttonal Use Permit for used vehicle sales and repair on Lots 12 and 13, Block 11 and on Lot A, Block 11 (1680 Indtana Avenue), contamtng 12, 642 square feet (BEACH- DISTRICT 6) K. 9 Apphcatton of WENDELL C. FRANKLIN for a Change qf Zontng District Classification from RT-3 Resort Tourtst Dtstrtct to Conchttonal A-36 Apartment District at the Southeast intersection of North Btrdneck Road and Pavihon Drtve, containing approximately 8 889 acres (BEACH- DISTRICT 6). KIO Application of the City of Vtrgtnta Beach to AMEND Sectton 211 of the City Zomng Ordinance (CZO) to REPEAL durattonal hmtts for pohttcal campatgn signs Item K5 and K8 shall be APPROVED, BY CONSENT, with addmonal con&ttons Item K10 shall be DEFERRED INDEFINITEL Y, B Y CONSENT September 28, 1999 -7- CITY COUNCIL COMMENTS 3:50 P.M. ITEM # 45467 Councilman Jones referenced serious drainage problems tn the Lakeview Park, Lake Smith, Lake Chubb and Lake Bradford areas Councdman Jones understood there ts a meetmg scheduled with the Navy representatives on September 29, 1999. These restdents were inundated during Hurricane Floyd Council Lady McClanan satd there are areas all over the Ctty whtch must be addressed regardmg flooding. Mayor Oberndorf referenced she had a telephone call at midnight from a resident of Lake Placid who had to park hts car and wade tn his sutte to hts home. Mayor Oberndorf satd Carolanne Farms was flooded. ITEM # 45468 Mayor Oberndorf advised, whde in Denver attending the U.S Conference of Mayor's Board Meettng, the Mayor of Fort Worth was present and his ctty had expertenced the shooting in the Baptist Church A study was suggested about those random shoottngs. Mayor Oberndorf dtstrtbuted a copy of INTERACTION INITIA TIVE REPORT which had been presented by Dr Terry S Jenkins, Director - Commumty Services. This report recetved a tremendous reception. Copies of thts report will be dtstrtbuted to all Mayors who compile the U.S Conference of Mayors. Mayor Oberndorf was proud to share this report and wtshed to extend apprectatton to the Ctty Manager, Dr. Jenkins and all members of the Interaction Initiative Task Force for thetr forestght and producing such a document ITEM # 45469 Councd Lady Henley referenced the issue of Culver Lane The recommendation was to approve Alternattve 2 The Ctty Manager advised the overwhelmtngpreference was the four-lane undivtded cross-section and thts would not necessitate a formal vote, unless City Council desires. Council Lady Henley satd the recommendation of the consultants regardtng the speed limit was not forwarded The Ctty Manager advised after the project ts completed, stu&es can be conducted relattve what the speed hmit should be. It ts the staff's feeltng the speed ltmtt should be 30 or 35 mph. The consultants have recommended 25, which ts unreahsttcally low. September 28, 1999 OUR MA'~ City of Virginia Beach OFFICE OF THE CITY MANAGER (757) 427 42,~2 FAX (757) 427 4135 TDD (757) 427 4305 October 1, 1999 MUNICIPAL CENTER VIRGINIA BEACH VIRGINIA 23456 9001 Councilmember Louis R Jones Bayslde District # 4 1008 Witch Point Trail Virginia Beach, Virginia 23455 Re Water Levels Lakes Bradford and Chubb Dear Councllmember Jones. In response to your inquiry, I would like to provide you with information regarding the letter you received from residents of the Lake Chubb/Lake Bradford area dated September 12, 1999. Mayor Oberndorfhad provided an interim response to the residents by her letters dated September 22, 1999. As mentioned ~n Mayor Obemdorf's letter, a meeting was held between the Public Works staffs of the City and Little Creek Naval Amphibious Base on Wednesday, September 29, 1999. The meeting was very productive and several difficult issues were resolved. A meeting with the area residents has been called for Wednesday, October 6, 1999 at 2'00 p m. at the Bayside Recreation Center. We hope that you wall be able to join us for that meeting. The primary cause of the apparent delay in the past has been our concern for damage to Navy property and the reported existence of chemical contaminants in the sediments of the outfall ditch. The latter concern would have greatly comphcated the excavation and removal of the material and slgmficantly elevated the costs. Additional sampling and chemical analysis over the past year, however, has given us confidence that the sediments can now be removed by normal excavation procedures Further, the concerns about damage to Navy property have been satisfactorily allayed. We plan to complete our engineering and permit review process, with the environmental regulatory agencies, during the next 3-4 weeks and should be able to beg~n work on the outfall ditch ~n November Unforeseen comphcat~ons could yet arise during the environmental permit review process, however, any resultant delay should be of limited duration As indicated in the recent newspaper article, the City of Virginia Beach has agreed to finance the cost of the sediment removal In fact, the excavation and removal work will probably be performed by Councilmember Jones Water Levels Lakes Bradford and Chubb October 1, 1999 page 2 City crews from the Pubhc Works Department It should not be inferred that the Navy is free of obligation for maintenance of their outfall ditch They have accepted responsibility for all debris removal from the ditch and for cleaning, repair and replacement, as necessary, of the multiple, road crossing, culvert systems. This was agreed to be a fair distribution of costs for maintaining the entire drainage system and roughly parallels the volume of storm water that each entity contributes to the lakes system Our initial sediment removal efforts will concentrate on two high areas of sediment accumulation that effectively control the elevation of water ~n the lakes Currently, the sluice gate, which is located near Gate #4, has very limited control over the lake elevation The sediment removal that is planned will reestabhsh the proper functioning of the slmce gate and allow Public Works to more effecnvely, and timely, control the lake elevation. A recurring maintenance program w~ll also be developed between the City and the Navy to prevent future deterioration of this drmnage system. We have referred to the restoration of the existing ditch as Phase I You should know that we are also looking at a possible Phase II which could provide a second outfall d~rectly from Lake Chubb to the Chesapeake Bay. Such an outfall structure would be designed to only come ~nto play when the water level of the lakes reaches a point where residential properties are again threatened As you can imagine, this is not a "quick fix" item, especially m view of the probable environmental concerns raised by the construction of a beach outfall Such a project could take several years to bnng to fruition In the meantime, an active preventive mmntenance program on the existing outfall ditch ~s the only real solution We will discuss all ofthls ~nformatIon with the residents next week Please let me know ~fyou need any additional information at th~s time Sincerely, C Oral Lambert, Jr Chief Operating Officer COL-ARS'lb CC Mayor Meyera E Oberndorf Council Members CO NAB LCREEK -8- ITEM # 454 70 Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Ctty Council Conference Room, Ctty Hall Budding, on Tuesday, September 28, 1999, at 400PM Councd Members Present Ltnwood O. Branch, III, Margaret L. Eure, Wtlltam W Harrtson, Jr, Harold Heischober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D. Sessoms, Jr and A. M. "Don" Weeks Council Members Absent None September 28, 1999 -9- ITEM # 454 7I Mayor Meyera E Oberndorf, entertatned a motton to permit City Counctl to conduct tts CLOSED SESSION, pursuant to Section 2 1-344(A), Code of Vtrgtnia, as amended, for the followtng purpose PERSONNEL MATTERS Dtscusston , consideratton or intervtews of prospective can&dates for employment, assignment, appointment, promotion, performance, demotion, salartes, &sciphmng, or resignatton of spectfic public officers, appointees, or employees pursuant to Section 2 1-344 (A) (1) Appotntments ' Boards and Commisstons' Community Policy and Management Team Hampton Roads Economic Development Alliance Historical Revtew Board Minortty Bustness Counctl Resort Advisory Commtsston PUBLICLY-HELD PROPERTY' Discussion or consideratton of the acquisition, or of the dispositton of pubhcly-held real property, where discussion tn an open meeting would adversely affect the bargatntng position or negottating strategy of the public body, pursuant to Sectton 2 1-344(A)(3) Acquisition /Dtsposttton of Property - Central Bustness District - Ben&x Road Property - Rudee Loop - Southeastern Parkway LEGAL MA TTERS Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable httgatton, where such consultation or briefing tn open meettng wouM adversely affect the negotiating or htigattng posture of the pubhc body; and consultation wtth legal counsel employed or retamed by a public body regarding spectfic matters requirtng the provtston of legal advtce by such counsel pursuant to Section 2 1-344(A)(7) Legal Advtce/Contractual Negottattons - Central Bustness District - Bendix Road Property Upon motion by Vice Mayor Sessoms, seconded by Counctlman Branch, City Council voted to proceed into CLOSED SESSION. Vottng 11-0 Counctl Members Vottng 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. Oberndorf Nancy K Parker, Vice Mayor Wtlham D. Sessoms, Jr and A M "Don" Weeks Councd Members Vottng Nay. None Counctl Members Absent: None September 28, 1999 -lO- FORMAL SESSION VIRGINIA BEA CH CITY CO UNCIL September 28, 1999 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Council Chamber, City Hall Butldmg, on Tuesday, September 28, 1999, at 6 O0 P M Council Members Present' Ltnwood O. Branch, III, Margaret L Eure, William W. Harrtson, Jr, Harold Hetschober, Barbara M. Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Counctl Members Absent None INVOCATION. Reverend Stewart Saul Chrtst Presbytertan 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 tn whtch he has a "personal tnterest", as defined tn the Act, either tnchvtdually or tn hts capacity as an officer of Wachovta Bank The Vice Mayor regularly makes this Disclosure as he may not know of the Bank's interest tn any apphcation that may come before City Councd Vice Mayor Sessoms' letter of January 4, 1999, ts hereby made a part of the record September 28, 1999 Item V-E. -11- CER TIFICA TION OF CLOSED SESSION ITEM # 454 72 Upon motion by Vtce Mayor Sessoms, seconded by Councdman Hetschober, Ctty Councd CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public bustness matters lawfully exempted from Open Meettng requtrements by Vtrgtnta law were discussed tn Closed Sesston to which this certfcation resolutton apphes, AND, Only such pubhc business matters as were identified in the motton convemng the Closed Session were heard, chscussed or considered by' Virginia Beach City Counctl Voting 11-0 Council Members Voting Aye. Linwood O. Branch, III, Margaret L. Eure, Wdham W Harrison, Jr, Harold Hetschober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor Wdham D Sessoms, Jr. and A. M. "Don" Weeks Councd Members Voting Nay: None Council Members Absent None September 28, 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 # 45471, Page 9, and in accordance with thc provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. Rff(h Hodges Sn~th, CMC/AAE City Clerk September 28, 1999 - 12- Item V-F. 1 MINUTES ITEM # 454 73 Upon motton by Councd Lady Parker, seconded by Councd Lady Eure, Ctty Council APPROVED the Mtnutes of the INFORMAL AND FORMAl, SESSIONS of September 14, 1999 Vottng 9-0 Councd Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham tV Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker, and A M "Don" IVeeks Counctl Members Vottng Nay None Councd Members Abstatntng Vice Mayor Wdham D Sessoms, Jr and Harold Hetschober Counctl Members Absent' None Vtce Mayor Sessoms and Counctlman Hetschober ABSTAINED as they were not tn attendance durtng the City Counctl Sesston of September 14, 1999 September 28, 1999 -13- Item V-G 1 ADOPT AGENDA FOR FORMAL SESSION ITEM # 454 74 BY CONSENSUS, Ctty Council ADOPTED: AGENDA FOR THE FORMAL SESSION September 28, 1999 Item V-G.2. - 14- INTR OD UCED ITEM # 454 75 Mayor Oberndorf recognized the following Boy Scout Troops in attendance to earn thetr mertt badges for communications/citizenship: BOY SCOUT TROOP 40 7 ROSE HALL DISTRICT 3 (Accompanied by Parents and Committee Members) Lea Nachtman Tracy Kerr Priscilla Summers Karen Nichols BOY SCOUT TROOP 481 KINGS GRANT BAPTIST CHURCH Michael Camp (Accompanied by his Mother, Mrs. Camp.) September 28, 1999 - 15- Item V-H. 1. PRESENTATION ITEM # 454 76 Mayor Oberndorf recognized the CENSUS COMPLETE COUNT COMMITTEE and presented a PR OCLAM~I TION SEPTEMBER 28, 1999 CENSUS COMPLETE COUNT COMMITTEE DA Y The Census Complete Count Committee shall be charged with working wtth the Census Bureau and its representatives tn promoting CENSUS 2000for all of our people The Complete Count Commtttee may provide asststance to the Census Bureau to recruit temporary employees and will make every effort to develop outreach activities espectally designed to meet the needs of all restdents and to reach those constdered "hard to enumerate" Susan Hardy, Regional Director - Bureau of the Census and Ron Brown, Team Leader - Bureau of the Census, Virgtnta Partnershtp were in attendance. Ron Madison, Chatr- Medta and Public Relations - Census Complete Count, ACCEPTED the PROCLAMATION. September 28, 1999 -16- Item V-J. 1. PUBLIC HEARING ITEM # 454 77 Mayor Oberndorf DECLARED A PUBLIC HEARING. R UDEE LOOP PROPERTY PURCHASE The following registered tn OPPOSITION:: Jamte Metzger, 1900 Pavthon Drive, Phone: 422-8900, represented the Double Tree Hotel Barbara Messner, Post Office Box 514, Phone: 422-1902 Dr Harvey Shtflet, 1529 Duke of Wtndsor, Phone' 481-0664, represented the Virginia Beach Resort and Conference Center Ben Krause, 1436 Five Hill Tratl, Phone: 486-3 721, represented the Citizens Action Coahtton There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. September 28, 1999 -17- Item V-J. ORDINANCES ITEM # 45478 Upon motion by Vice Mayor Sessoms, seconded by Councdman Branch, Ctty Councd APPROVED IN ONE MOTION Ordtnances 2, 3, 4, 5, and 6 of the CONSENTAGENDA. Voting' 11-0 Counctl Members Voting Aye: Ltnwood O. Branch, III, Margaret L. Eure, Wilham W Harrtson, Jr., Harold He~schober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vtce Mayor Wtlham D Sessoms, Jr and A. M. "Don" Weeks Counctl Members Voting Nay' None Counctl Members Absent: None September 28, 1999 -18- Item V-J.l.b. ORDINANCES ITEM # 454 79 Upon motion by Councdman Harrison, seconded by Councilman Jones, City Councd ADOPTED, WITH RE VISED OPTION EXTENSION TERM SHEET: Ordtnance re modtfying the scope of Capttal Project #9-302, Rudee Loop Development - Phase I (Parttal) and the purchase of 2. 73 acres of land: Option B Authorize the Ctty Manager to further extend an option topurchase real property at Rudee Loop, and, AMEND the Capttal Budget by APPROPRIA TING $225, O00 from the Tourtsm Growth Investment Fund (TGIF) to extend the option to September 30, 2000 ~ting ~2 Councd Members Vottng Aye: Linwood 0 Branch, IlL Margaret L. Eure, William W. Harrtson, Jr, Harold Hetschober, Barbara M. Henley, Louis R Jones, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor Wdham D Sessoms, Jr Councd Members Vottng Nay Reba S. McClanan and A. M. "Don" Weeks Council Members Absent None September 28, 1999 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO MODIFY THE SCOPE OF CAPITAL PROJECT #9-302, RUDEE LOOP DEVELOPMENT - PHASE I (PARTIAL), TO AUTHORIZE THE CITY MANAGER TO FURTHER EXTEND ANOPTION TO PURCHASE REAL PROPERTY LOCATED AT RUDEE LOOP, AND TO AMEND THE CAPITAL BUDGET BY APPROPRIATING $225,000 TO THE PROJECT FOR THIS PURPOSE WHEREAS, on December 16, 1997, the City Council 12 authorized the City Manager to execute an option agreement between 13 the City of Virginia Beach and Robert Herman Properties, L.L.C., 14 Herman Inc., and Robert Herman to purchase a 2.73 acre site located 15 at Rudee Loop (the "Rudee Loop Property"), and established Capital 16 Project #9-302, Rudee Loop Development - Phase I (Partial), to fund 17 the purchase of the initial option and the extension of the option; 18 WHEREAS, the City Council has determined it to be in 19 the best interests of the Cmty to broaden the scope of the capital 20 project and authorize the City Manager to further extend the option 21 to purchase the Rudee Loop Property; 22 WHEREAS, the further extension of the option requires a 23 one-time extension fee of $25,000 and an extension fee of $200,000 24 for extendmng the option to September 30, 2000; and 25 WHEREAS, the $225,000 necessary to extend the option will 26 come from the Tourism Growth Investment Fund. 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 1. That the scope of Capital Project # 9-302, Rudee 30 Loop Development - Phase I (Partial), is hereby modified to 31 encompass the further extension of the previously executed Option 32 Agreement with Robert Herman Properties, L.L.C., and Herman, Inc., 33 and Robert Herman (the "Option Agreement")for the purchase of 2.73 34 acres of land located at Rudee Loop (the "Rudee Loop Property"). 35 2. That the FY 1999-2000 Capital Budget is hereby 36 amended, and funds in the amount of $225,000 are hereby 37 appropriated from the Tourism Growth Investment Fund to Capital 38 Project #9-302, Rudee Loop Development - Phase I (Partial), for the 39 purpose of further extending the option under the Option Agreement 40 to September 30, 2000. 41 3. That, the City Manager, or his designee, is hereby 42 authorized to take the actions necessary to further extend the 43 option and to execute an amendment to the Option Agreement in 44 accordance with the terms attached hereto, which amendment shall be 45 in form and substance satisfactory to the City Manager and the City 46 Attorney. 47 48 Adopted by the Council of the City of Virginma Beach, Virginia, on the 28 day of September , 1999. 49 5O Requires an affirmative vote by a majority of the members of City Council. CA-7498 ORDIN~NONCODE\RUDEE LOOP.ORD R5 SEPTEMBER 23, 1999 APPROVED AS TO CONTENT: Management Serv~ APPROVED AS TO LEGAL SUFFICIENCY: g'~l~y kttorn~Ws office~ OPTION EXTENSION TERMS Purchase Price: $6,500,000 (as of 9/30/99) plus $26,000 per month or portion thereof (4.8% annualized rate) from 10/1/99 through month of settlement Extension Periods & Fees' 10/1/99 through 9/30/00 $200,000 10/1/00 through 9/30/01 $200,000 10/1/01 through 9/30/02 $200,000 Extension Fees payable on or before 10/1 of each Extension Period and shall apply to Purchase Price. One-time Extens:on Fee of $25,000 payable on or before 10/1/99 which shall not apply to Purchase Price Previously paid option fees of $400,000 to apply to Purchase Price. Owners continue to pay real estate taxes, utilities, etc until settlement. Deed Restrictions must be released prior to settlement. Prior to settlement, City shall not conduct prellm~nary work, development, road or utility work which prohibits or unreasonably interferes with access to or operation of the restaurant. Option may be exercised at any time by giving Owners notice, with settlement to occur within 60 days; provided, if settlement occurs dunng the period from 3/1 through 10/31 of any year ("Restaurant Operating Period"), Owners will be permitted to continue to operate the restaurant and related parking lots until the end of that Restaurant Operating Period, without rent. If settlement is scheduled for the month of November or December, Owners to have right to require settlement to be extended up to 2/1 of the following year, but no increase in Purchase Price shall occur for the month of January. All other terms and provisions of original Option and Agreement (except as modified by this extension) to remain in full force and effect F/Users/MGayle/WP/WORK/opt~onext terms wpd -19- Item V-J.2. ORDINANCES ITEM # 45480 Upon morton by Vtce Mayor Sessoms, seconded by Councdman Branch, City Councd ADOPTED: Ordinance to authorize and direct the C~ty Manager to execute a DEED between Ttdewater Transportation District Commission (TTDC) and Transportation D~strict Commtss~on of Hampton Roads (TDCHR) to waive ~ts right to repurchase property at 1400 Parks Avenue, V~rg~ma Beach Vottng 11-0 (By ConsenO Councd Members Voting Aye' Ltnwood 0 Branch, III, Margaret L Eure, William W Harrtson, Jr, HaroM Hetschober, Barbara M Henley, Louts R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf Nancy K. Parker, Vtce Mayor Willtam D Sessoms, Jr and A. M. "Don" Weeks Counctl Members Voting Nay. None Council Members Absent None September 28, 1999 AN ORDNANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A DEED BETWEEN TIDEWATER TRANSPORTATION DISTRICT COMMISSION AND TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS TO WAIVE ITS RIGHT TO REPURCHASE PROPERTY WHEREAS, the City of Vlrglma Beach (the "City") previously owned and operated 8 a trolley transportation system and maintenance facility located at 1400 Parks Avenue, Virginia 9 Beach, Virginia (the "Property "); 10 WHEREAS, the Property was conveyed to Tidewater Transportation District 11 Commission ("TTDC") by Deed dated December 4, 1984, and recorded in the Clerk's Office of the 12 Circuit Court of the City in Deed Book 2378, at page 2093 (the "Deed"), 13 WHEREAS, the Deed contained certmn restrictions, including a right to repurchase 14 the Property; 15 WHEREAS, TTDC is transferring all of its interests and assets into a newly formed 16 Commission, Transportation District Commission of Hampton Roads ("TDCHR"); 17 WHEREAS, TTDC and TDCHR request that the City waive Its right to repurchase 18 the Property, and the City desires to waive its right to repurchase the Property at this time but 19 reserves its right to do so in the future should TDCHR decide to convey the Property to any other 20 party or cease to use the Property in connection with the operation of a transportation facility, and 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 That the City Manager of the C~ty is authonzed and directed to execute the Deed 24 between TTDC and TDCHR in substantially the form and content of the copy attached to and made 25 a part of this Ordinance, but with changes as he shall deem necessary to protect and promote the 26 interest of the City. 27 28 Adopted by the Council of the City of V~rglma Beach, Virginia, on the 28th day of September, 1999. CA-7487 F ~DataLATY~Ordln\NONCODE\ttdcwmve ord R-1 Prepared' 9/10/99 Prepared by Wflhams, Mullen, Clark & Dobbins, P C 900 One Columbus Center, V~rg~ma Beach, VA 23462 EXEMPTED FROM RECORDATION TAXES PURSUANT TO § 58 1-811(A)(3) AND § 58 1-811(C)(3) OF THE CODE OF VIRGINIA OF 1950, AS AMENDED THIS DEED ("Deed"), made th~s day of September, 1999, by and between TIDEWATER TRANSPORTATION DISTRICT COMMISSION, a body corporate and politic of the Commonwealth of Virginia created pursuant to the Transportation D~strict Act of 1964 ("Grantor"), and TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS, a body corporate and politic of the Commonwealth of V~rg~ma created pursuant to the Transportation District Act of 1964 ("Grantee"), whose address ~s 3400 Victoria Boulevard, Hampton, V~rg~ma 23661, and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (for indexing purposes only "Grantor"). WlTNESSETH: That for and in consideration of TEN DOLLARS ($10.00), and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor grants and conveys, with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE, to Grantee, the following described property ("Property"): All that certain lot, piece, or parcel of land, lying, situate, and bexng in the C~ty of Virginia Beach, Virginia, shown as the shaded area and designated as "PARCEL A" on that certain plat entitled "PLAT SHOWING PROPERTY TO BE CONVEYED TO TIDEWATER TRANSPORTATION DISTRICT COMMISSION FROM THE CITY OF VIRGINIA BEACH, VIRGINIA BEACH BOROUGH - VIRGINIA BEACH, VIRGINIA", dated May 9, 1984, prepared by Bureau of Surveys and Mapping, Engineering D~ws~on, Department of Public Works, City of V~rg~ma Beach, Virginia, and recorded ~n the Clerk's Office of the Circmt Court of the C~ty of V~rg~ma Beach, V~rginia, in Map Book 186, at page 12, to which reference is made for a more particular description, and bmng all of Lots 12 tlu'ough 22 on smd plat, except those portions of Lots 21 and 22 lying w~tlun Parcel B. GPIN: 2417-85-9571-0000 IT BEING the same property conveyed to Grantor by deed from the City of Virginia Beach, dated December 4, 1984, and recorded in the aforesaid Clerk's Office in Deed Book 2378, at page 2093. The Property is conveyed subject to the conditions, restrictions, reservations, easements and encumbrances, if any, recorded affecting the Property and constituting constructive notice. This conveyance is further made subject to the following conditions and covenants: 1. In the event Grantee ceases to use the Property in cmmection with the operation oftransportatlon facilities, the City of Virginia Beach, Virginia (the "City") shall have the right to purchase the Property at the then fair market value or Tlu'ee Hundred Thousand One Hundred Seventy-five and 48/100 Dollars ($300,175 48), whichever is less, provided, however, in any event, the purchase price shall be adjusted to include the then fair market value of all improvements made to the property by Grantor and Grantee. Grantee shall not convey the Property to any other party unless the City waives its right to purchase, which waiver shall be evidenced by the City signing the Deed. 2. Grantee may, with the written consent of the City, encumber the Property with a deed of trust securing a loan(s), the proceeds of which will be used for transportation facilities. The City will sign the deed of trust, if acceptable to the City in its sole discretion, for the sole purpose of evidencing its consent, but the City will not be liable in any way as a party to the deed of trust. The City waives its right to purchase the Property at this time, but reserves its right to do so in the future should the Grantee decide to convey the Property to any other party or cease to use the Property in cmmection with the operation ora transportation facility The City's waiver is evidenced by the signature below of the City Manager and its seal to be affixed and attested by its City Clerk, all duly authorized by ordinance adopted by the City Council. WITNESS the following signatures and seals: TIDEWATER TRANSPORTATION DISTRICT COMMISSION, a body corporate and politic of the Commonwealth of Virginia created pursuant to the Transportatmn District Act of 1964 By (SEAL) Michael S. Townes, Executive Director CITY OF VIRGINIA BEACH, VIRGINIA (SEAL) ATTEST: By: City Manager, Authorized Desxgnee of the City Manager Ruth Hodges Smith, City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acka~owledged before me this day of , 1999, by Michael S. Townes, Executive D~rector of TIDEWATER TRANSPORTATION DISTRICT COMMISSION, a body corporate and pohtlc of the Commonwealth of Virginia created pursuant to the Transportation District Act of 1964, on behalf of the Comnfission. My commissmn expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing ~nstrument was acknowledged before me th~s day of ., 1999, by , City Manager/Authorized Designee of the City Manager, on behalf of the City of Virginia Beach, Virginia. Notary Public My commission expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me th~s day of ,1999, by Ruth Hodges Smith, City Clerk, on behalf of the City of Virglma Beach, Virginia. Notary Public My commission expires: - 20 - Item V-J.$. ORDINANCES ITEM # 45481 Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED: Ordtnance to confirm the City Manger's declaration of a local emergency due to the tmmtnent threat of a dtsaster posed by Hurricane Floyd. ~ttng: 11-0 (By Consent) Council Members Vottng Aye. Linwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, Jr, Harold Hetschober, Barbara M Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Counctl Members Vottng Nay: None Counctl Members Absent' None September 28, 1999 AN ORDINANCE CONFIRMING THE CITY MANAGER'S DECLARATION OF A LOCAL EMERGENCY DUE TO THE IMMINENT THREAT OF DISASTER POSED BY HURRICANE FLOYD WHEREAS, § 44-146.21 of the Code of Virginia, as 6 amended, provides that "[i]n the event the governing body cannot 7 convene due to [a] disaster or other exigent circumstances, the 8 [local] director [of emergency services] · may declare the 9 existence of a local emergency, subject to confirmation by the 10 governing body at its next regularly scheduled meeting or at a 11 special meeting within fourteen days of the declaration, whichever 12 occurs first;" 13 WHEREAS, in accordance with the Virginia Emergency 14 Services and Disaster Law (§ 44-146.13 et seq. of the Code of 15 Virginia, as amended), City Council, by adoption of §§ 2-411 16 through 2-413 of the City Code, created the Office of Emergency 17 Management and appointed the City Manager as the Director of 18 Emergency Management; and 19 WHEREAS, by virtue of the authorzty vested in him by § 20 44-146.21, the City Manager, as the City's Director of Emergency 21 Management, issued a Declaration of Local Emergency on September 22 15, 1999, in response to the imminent threat of disaster posed by 23 Hurricane Floyd. 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 That, pursuant to § 44-146.21 of the Code of Virginia, as 27 amended, City Council hereby confirms the Declaration of Local 28 Emergency issued by the City Manager, in his capacity as the City's 29 Director of Emergency Management, on September 15, 1999,a copy of 30 which is attached hereto as Exhibit A and is hereby incorporated by 31 reference. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on the 28 day of September , 1999. 34 35 36 37 38 CA- 74 92 ORDIN~NONCODE~HURRI. ORD R2 September 21, 1999 APPROVED AS TO CONTENT: of Emergency Management APPROVED AS TO LEGAL SUFFICIENCY: C~y Attorney's Office I EXHIBIT "A" DECLARATION OF LOCAL EMERGENCY I, the undersigned, as City Manager and Director of Emergency Management for the City of Virginia Beach, find the imminent threat of disastrous weather and flood conditions, serious and extensive property damage, and loss or interruption of vital City services posed by Hurricane Floyd to be of sufficient severity and magnitude to warrant coordinated local government action to prevent or alleviate any potential damage, loss, hardship or suffering. Therefore, pursuant to § 44-146.21 of the Code of Virginia, as amended, I hereby declare the existence of a Local Emergency in the City of Virginia Beach. In accordance with this Declaration, the Office of Emergency Management and all other appropriate City agencies are hereby vested with, and authorized to carry out, all powers, duties and functions prescribed by State and local law, rules, regulations and plans as may be necessary to adequately and appropriately respond to said Local Emergency. /Jar~es K. Sp~re, el~anager ( an]qi Director of Emergency Management D~e I Time '1 - 21 - Item V-J.4. ORDINANCES ITEM # 45482 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, Ctty Counctl ADOPTED: Ordinance to TRANSFER $ 72,24 7from the General Fund Reserve for Contmgenctes to the FY 1999-2000 Operattng Budget of the Office of the General Regtstrar re expenses assoctated with the February 29, 2000, Presidential Primary Election Vottng' 11-0 (By ConsenO Councd Members Voting Aye: Linwood 0 Branch, III, Margaret L. Eure, Wdliam 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 Counctl Members Voting Nay. None Counctl Members Absent None September 28, 1999 AN ORDINANCE TO TRANSFER $72,247 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO THE FY 1999-00 OPERATING BUDGET OF THE OFFICE OF THE GENERAL REGISTRAR FOR EXPENSES ASSOCIATED WITH A PRIMARY ELECTION WHEREAS, the Republican Party has called for a presidential primary election to 7 be held on February 29, 2000; WHEREAS, the Code of Virginia, at § 24.2-518, requires the locality in which a primary election is conducted to pay the costs of the election; and l0 WHEREAS, the FY 1999-00 Operating Budget of the General Registrar does not contain funding for this special elect~on, but the unappropriated balance in the FY 1999-00 General Fund Reserve for Connngencies ~s sufficient to provide $72,247 to conduct a presidential primary election on February 29, 2000. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' 16 That $72,247 is hereby transferred from the General Fund Reserve for Contingencies to the General Registrar's FY 1999-00 Operating Budget to provide funding for a February 29, 2000 presidential primary election. 19 2O 28 Adopted by the Council of the City of Virgima Beach, Virgima, on the September of , 1999 CA-7493 ORDIN\NONCODE\PRIMARY ELECTION ORD R2 SEPTEMBER 20, 1999 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Managemen?Serwces (2' dx. 'V '"C,ty Attorneys ~fice /v - 22 - Item V-J.$. ORDINANCES ITEM # 45483 Upon motton by Vice Mayor Sessoms, seconded by Councilman Branch, Cay Council ADOPTED: Ordinance to modify the scope of the ALTERNATIVE USE STUDY- Old Lmkhorn Park and Seatack Schools' Capital Project (#1-230) re assessment of the Kemps Landing Magnet School facdtty; and TRANSFER $40, O00 from the various Schools addttton Capttal Project (#1-057). Voting' 11-0 (By ConsenO Counctl Members Vottng Aye: Ltnwood 0 Branch, III, Margaret L Eure, Wilham W. Harrtson, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E Oberndo~ Nancy K Parker, Vice Mayor William D. Sessoms, Jr and A. M "Don" Weeks Councd Members Vottng Nay None Councd Members Absent: None September 28, 1999 AN ORDINANCE TO MODIFY THE SCOPE OF THE ALTERNATIVE USE STUDY - OLD LINKHORN PARK AND SEATACK CAPITAL PROJECT (#1-230) TO PROVIDE FOR AN ASSESSMENT OF THE KEMPS LANDING MAGNET SCHOOL FACILITY AND TO TRANSFER $40,000 FOR THIS PURPOSE TO THE PROJECT FROM THE VARIOUS SCHOOLS ADDITION CAPITAL PROJECT (#1-057) 10 WHEREAS, the Virginia Beach School Board has received a 11 Facility Disposition Report from its Building Utilization 12 Committee which recommended that an assessment be completed for the 13 Old Linkhorn Park Elementary, Seatack Elementary, and Kemps Landing 14 Magnet School buildings and sites; 15 WHEREAS, the current capital project for assessing 16 buildings and sites only includes the Linkhorn and Seatack 17 facilities and should be modified in scope to include the Kemps 18 Landing facility; and 19 WHEREAS, the inclusion of Kemps Landing in the assessment 20 will require an additional $40,000,which is available from the 21 Various Schools Additions Capital Project (#1-057), and the School 22 Board has recommended that the funds be transferred for this 23 purpose. 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 1. That the scope of the Alternative Use Study - Old 27 Linkhorn Park and Seatack Capital Project (#1-230) is hereby 28 modified to include assessing the Kemps Landing Magnet School 29 building and site. 3O 2. That $40,000 is hereby transferred from the Various 31 Schools Additions Capital Project (#1-057)to the Alternative Use 32 Study - Old Linkhorn Park and Seatack Capital Project (#1-230) for 33 the purpose of providing funds needed for an assessment of the 34 35 36 Kemps Landing Magnet School facility. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day of September, 1999. CA-7495 ORDIN~NONCODE~ASSESSMENT STUDY (1-057).ORD SEPTEMBER 20, 1999 R-3 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management% Services'~ ' ~ity A[tor~y's ~ice VIRGINIA BEACH CITY PUBLIC SCHOOLS CAPITAL IMPROVEMENT PROGRAM TRANSFER OF FUNDS September 7, 1999 WIIEREAS, Tile Facility Disposit~on Report presented to the School Board on August 17, 1999, recommended an assessment be made of the Old Seatack and L~nkhorn Park elementars, schools, and Kemps Landing Magnet, and WIIEREAS, The scope of work for Alternative Use Study-Old Lmkhorn Park and Seatack project (CIP 1-230) needs to be modified to include Kemps Landing Magnet, and WHEREAS, it is necessar5, to transfer $40,000 into CIP 1-230 ~n order to support the increase ~n scope, now, therefore, be it RESOLVED: That the School Board requests that City Council transfer $40,000 from CIP 1-057 into CIP 1-230, and that the scope of CIP 1-230 be modified to include an assessment of the Kemps Landing Magnet building, and be ~t further RESOLVED: That a copy of this resolution be delivered promptly to the City Council, City Manager, and C~ty Cle~k by the Clerk of the Board along with a copy of the Facdlty D~sposmon Report dated August 17, 1999 Presented September 7, 1999 Dan el D Edwards, Chmrman Attest D~anne M Page, Clerk'ofl:l~ B~ald SEAL CERTIFIED TO BE A TRUE AND CORRECT COP, f~ Sct~ool Adm~,strat,on Building, 2512 George Mason Drlve,P O Box 6038-~,'i~iffid ~erK, b~cnool Boardofthe City of Wrgm~a Beach ] epor 7, 1999 Old Seat, ok ElemenCa~ School ......................................................................................................... Old Seatack Elementary School Narrative .................................................................................... 1.1 Clip It-g30 ...................................................................................................................................... 1.2 Letter to Dr Jenney and James Spore from Frank Drew and Charles Wall ........................ 1.3-4 /~[e,no from John Kalocay to Dr. Jenney .................................................................................... 1.5-7 Old L,nl&orn Park Elementary School ......................................................................................... Old l~,,,khorn Park Ele,,xen~a~ School Narrat,v~ ............................................................ CIP 1-2;50 ....................................................................................................................................... II2 Memo from John ICalocay to Dr. Jenney ................................................................................... 11.8-5 Old Donation Center ......................................................................................................................... IH Old Donation Center Narrative ................................................................................................... IH.1 Bayside 6a Grade Campus ............................................................................................................... ~V Bays~de 6a Grade C~unpus Narrative .......................................................................................... IV. 1 Center for Effective Lear, ins ......................................................................................................... V Center for Effective Lear, ung Narrahve ................................................................................. V. I1 Kemps Lanrhng Hagnet School .................................................................................................. t~7~emps Landing Magnet School Narrative .................................................................................. Technical & Career Education ...................................................................................................... VII Techn,cal & Career Education Narrat,ve ................................................................................ Xq/.1 CIP 1-097 .................................................................................................................................... VII.2 Vir~inla Beach Central Academy ................................................................................................ VIII Vn~ginia Beach Central Academy Narrahve ........................................................................... CIP 1-097 .................................................................................................................................. VIII.2 Proposed Tmlelmes for Facxhty D,spos,hon .............................................................................. EX Recommendahons ........................................................................................................................... DC~I Appendix ............................................................................................................................................... X Surplus o£ Re~l Properir ............................................................................................................... ,X~ 1 ~eat~acl~ OLD SEATACK ELEMENTARY SCHOOL Ad&ess: 411 Birdneck Circle Vrrginia Beach, VA 23541 Site Size: +8.26 Acres* Building Size: 52,687 Square Feet Building Age: 1952 Audited Program Capacity' 308 Current Zomng A-12 (Apartment Dlsmct) AICUZ Noise Zone - 75 dB Ldn or greater, zone of highest intensity Accident Potential Zone II Building Availability January 2000 Facility Const~ aints' Relation to Accident Potentqal Zone will not permit ctuldren to be housed for instructional purposes Possible Uses Office space, storage, hght industrial, potential sale General: Seatack originally opened in 1952, received classroom additions m 1955 and 1959, and a gynmasium m 1967 The most recent capital Improvements performed at Seatack were the addition of parking and landscaping m 1993 There are no scheduled capital unprovements The floor plan is sumlar to Shelton Park Elementary. *Does not ~nclude +11.594 acres owned by the City of Virginia Beach 1.1 City of VirginIa Beach VIrginia Fiscal Year 1999-2000 thru 2004-2005 Capdal Improvement Program Project f; arld Title 1-230 Alternative Use Study-Old L~nkhorn Park andSeatack CIP Ser-t~on Schools Business Area Quality Education for Lifelong Learning Bud_qet ~ Unappropriated Subsequent Years Year 1 I Year 2 I Year 3 / Ye'~r 4 FY lq99-00 FY 2000-01 I FY 2001-02 J FY 2002-03 ' oi oi el 8n 00("I , Year 5 / Year 6 FY 2003.04J FY 2004-05 FFuUntdU ~rneg J ~1~15 [':~,j,~.tt v I,f [pro' ;de lot an ass6ssmonb;e, valuat~on of potenhal ,uture uses of the ex~s',~ng L~nkhorn Pad., and Seatack clementarv schoolq The ex~st~ng Unkhorn Park and Seatack elementary schools will no longer be occupied by students and staff as of January 2000 Potenbal altemabve uses of these facdlbes need to be evaluated Il, ' [ .... jectlnFY 1o_39-2000 Bas~s for Estm~ate FY 1999-00 FY 2000-01 FY 2001--02 FY 2002--03 FY 2003.04 FY 2004-05 0 0 0 0 0 0 Acbvlty From - To Amount [)es~an Total Budgetar? Cost Estimate Total Non-Programmed Costs Total Programmed Costs 0 7~99-12/99 80,000 80,000 0 80,000 Funding Source Amount 1999 Charter Bonds Total Programmed Fmanc,ng Future Funding Requirements 80,000 80,000 0 l-~ .cal Yo-~r 1a9q_2(3flfl / . 2 School'. 11/1~/~ ia 54 't2~04 4/" 5680 VA B CITY PUBLIC *** JOHN KALOCAY ~001/002 October 29, 1998 M;. James K Sporc City Manager City of Virginia Beach Mumcipal Center Virginia Beach, VA 23456 Dr T~mothy R Jenney Supenntendent of School Virg, nla Beach City Public Schools School Admonish ation Building Mumc~pal Center Vtrg~ma Beach, VA 23456 R.e Seatack Elementary School Dear Gentlemen. The police department has ~dennfied a need for a new train.rog facihty for a number of yem's Eflbrts to fund this facility through the capital improvement projects have been unsuccessful due to h~gher priorities and other needs It is indisputable that traxnmg ~n the area of law enforcement is a major ncccsmty We feel we have come up w~th a potential solut,on to both our agencies training nceds This solution would uuhze the old Seatack Elementar7 school as a joint law enforcement trmnmg center Some of the advantages we see are as follows 1 A cost saving of m~lhons of dollars to our tax payers The facihty ~tseifwith Its classrooms, gymnasium and au&torture ~s ~deally stated for traimng Maintaining Seatack Elementary school in its original state and function would not detract from the htstoncal perspective ~t has In the communi:y Providing an addinonal opportumty toward a police presence in our commundty pohcing approach, to include a pohce athlenc league function w}th the neighborhood chddren 1.3 lz/lu/~o la o~ °~'~ul ~z~ 56~0 VA B CiTY PUBLIC *** JOH~ KALOCA¥ ~002/002 October 29, 1998 Mr. James K Spore Dr T~mothy R. Jens~ey Page 2 With this enlarged facility v,e would have the potenual to host regional and out of state training classes Th~s would bnng tn people from outside our area that ,-~,ould pro,,nde hotel reservations, meals and a number of spin off tax dollars to our commumty We have had some informal d~scuss~ons with Navy personnel at Oceana concluding that th~s use would be compatible with thmr operations. While we recogmze that there are a number of needs for tins facihty from other agencies, we hope you would consider this one and allow us to farther explore this opportunity. Your consideration m this matter ~s requested. S~ncerely, Frank Drew Sheriff/Hngh Constable Members of C,ty Council Members of the School Board Wall Chief of Pohce 1.4 iRGiNiA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE MEMORANDUM John S. Kalocay Assistant Superintendent Administrative Support Services TO: FROM: D~ T~mothy R Jenney Superintendent John S Kalocay Assistant Superintendent SUBJECT: Proposed Uses of Linkhorn Park and Seatack Elementary Schools As you knox',,, the original L~nkhorn Park Elementary School and Seatack Elementary School w~ll be vacant once constluchon of Cooke Elernentary School and the new Seatack Elementary School conclude this fall, and the schools move into the new structures in January, 2000 As part ora p~occss to evaluate these two facllmes for futme uses, the Department of Administrative Support Sciv~ces leCelved input from thc Cabinet for possible uses In addition, the C~t', 's Facilities, Land and Commons Policies Committee of the C~ty of V~rglrua Beach recommcnded that the availability of the schools be advertised to sollc~t proposed uses fl om city departments Attached is a list of proposed uses of Seatack and L~nkhom Park 1.5 LIST OF I'ROPOSED SCHOOL USES OF SEATACK AND LINKHORN PARK SEATACK: Adnumstratlve offices for the Office of Transportation Services Office space for special education itinerant teachers, social workers and vis~hng teachers LINKHORN PARK: · Trmnlng facllltms for the Office of Food Services Technology t~almng laboratories to assist the school dlVlSlOi.t in preparing over 6500 employees to pass a test certifying mastery of the Technology Standards for Instructional Personnel Tra~mng classrooms to assist the Office of Orgamzat~onal Development ~n ti a~ning staff members in strategic planmng, realignment of plans and functions according to thc Malcom Baldndge model, dlverslty tra~mng, and the pnnc~ples and practice of Total Quality Management · An altetnal]x c education site for students · Relocation ';~tc for schools that must be temporarily closed for major renovations 1.6 LIST OF I'IIOI'OSEI) CITY USES OF SEATACK AND LINKHORN PARK SEATACK: · C~ty/schools record storage center · Relocation s~te of the V~rg~nla Beach Free Health Climc · Relocation s~te of the c~ty detox~ficat~on center Relocation site of the resort maintenance offices and eqmpment yard for the department of Publm Works and General Servmes · Relocation s~te of the Emergency Medmal Servmes Admimstrat~ve offices · A recreational facility · Satell~te parking for the oceanfront · Educational center for the Manne Scmnce Center · Tramlng facllmes for the Vlrglma Beach Pollce Department LINKHOI~N PARK: · Sell property for commercial/housing purpose · A recreational facility · A satellite municipal center · A school for the arts 1.7 OLD LIN~O~ PARK ELEMENTARY SCHOOL Address: 1413 Laskin Road Virginia Beach, VA 23541 Site Size' + 12.785 Acres Bmldtng Size 43,711 Square Feet Building Age 1955 Audited Program Capacity. 530 Current Zoning A-12 (Apartment District) A1CUZ Noise Zone - 75 dB Ldn or greater, zone of highest intensity Building Avaflabtllty January 2000 Facility Constraints' The facility contains a great deal of asbestos transite panels, which will require abatement during a major renovation. Possible Uses Educational, office, commercial, potential sale General. Lh~khorn Park originally opened in 1955, received a classroom addmon m 1960, and a gymnasium m 1982. There have not been any significant capital improvements at Linkhom Park in the past fifteen years, and none are planned The floor plan is similar to Woodstock Elementary School II.1 Cdy of VirginIa Beach VirgInia F~scal Year 1999-2000 thru 2004-2005 Capital Improvement Program Project # and Title 1-230 Alternative Use Study-Old Linkhorn Park and Seatack ClP Sect,on Schools Total Proc]rammed Funds F0 000 Total Appropr~atfons o Date 0 i Bus~ness Area Quality Education for Lifelong Learning Prlor~t C Budqet Unappropriated Subsequent Years Future Year1 Year2 I Year3 I Year4 I Year5 Year6 Fun g FY lq99-00 FY 2000-01 I I ]FY 2001-02 FY 2002.03 FY 2003.04 FY' 2004-05 Requfrement 00001 01 01 01 o 0i The ex~sbn9 L~nkhorn Park. and Seatack elementary schools wdl no longer be occupied by students and staff as of January ?f-100 Potenhal alternahve uses of these facd~t~es need to be evaluated Nov,, l'roject ~n FY 1999-2000 Basis for Estimate FY 1999--00 FY 2000-01 FY 2001-02 FY 20024)3 FY 2003-04 FY 2004-85 0 0 0 0 0 0 Activity From - To Amount Total Budgetary Cost Esbmate Total Non-Prog. rammed Costs Total Programmed Costs F~'r ql Yr, qr lqqq_?Qrlf] 0 7/99-12/99 80,000 80,000 0 80,000 Funding Source Amount 1999 Charter Bonds Total Programmed F~nanclng Future Funding Requirements 8O,O0O 8O,0OO 0 Schools iRGiNiA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE MEMORANDUM John S. Kalocay Assistant Superintendent Administrative Support Services TO: FROM: Dr. Timothy R. Jenney Superintendent Jolm S. Kalocay Assistant Superintendent SUBJECT: Proposed Uses of Linkhorn Park and Seatack Elementary Schools As 3 ou know, the or ~gmal Llnkhorn Park Elementary School and Seatack Elen.tentary Scl-tool v, 111 be vacant once construction of Cooke Elementary School and the new Seatack Elementary School conclude tbs fall, and the schools move into the new structures m Janua~, 2000 As part ora p~¢)ccss to cxaluate these two fac~l~tres for future uses, the Department of Admrnrstrat~ve Support Services recmved ~nput from the Cabrnet for possible uses In addtt~on, the C~ty's Facilities, Land arid Commons Policies Committee of the C~ty of Vrrglma I3each recommended that the avaflabihty of the schools be advertised to sol~c~t proposed uses fi om crty departments. Attached is a l~st of proposed uses of Seatack and L~nkhom Park. 11.3 LIST OF PROPOSED SCHOOL USES OF SEATACK AND LINKHORN PARK SEATACK: Administrative offices for the Office of Transportation Services Office space for special education itinerant teachers, social workers and v~s~t~ng teachers LINKIIORN PARK: · T~aimng facilities for the Office of Food Services Technology traimng laboratories to assist the school d~vislon ~n prepanng over 6500 employees to pass a test certifying mastery of the Technology Standards for Instructional Personnel Training classrooms to assist the Office of Organizational Development ~n t~ mmng staff members in strategic planning, realignment of plans and functmns according to the Malcom Baldndge model, d~vermty trmmng, and the pnnc~ples and practice of Total Quahty Management · An alternahve education site for students · Relocation site for schools that must be temporarily closed for major renovations II .4 LIST OF PROPOSED CITY USES OF SEATACK AND LINKHORN PARK SEATACK: · City/schools record storage center · Relocation site of the Virginia Beach Free Health Clinic · Relocation site of the city detoxification center Relocation site of the resort maintenance offices and eqmpment yard for the department of Public Works and General Services · Relocation rote of the Emergency Medical Services Administrative offices · A recreational facihty · Satellite pinking for the oceanfront · Educational center for the Marine Science Center · Training facilities for the Virginia Beach Police Department LINKHORN PARK: · Sell property for commercial/housing purpose · A recreational facility · A satellite municipal center · A school for the arts 11.5 r~g~n y OLD DONATION CENTER Ad&ess 1008 Ferry Plantation Road Virginia Beach, VA 23455 S~te S~ze: +13.158 Acres Buil&ng Size' 53,111 Square Feet Bml&ng Age 1965 Au&ted Prog~mn Capacity 375 Current Zoning: B-2 (Community Business District) AICUZ: Noise Zone - less than 65 dB Ldn Building Availability: N/A Famhty Constraints' None Possible Uses Educational, office, possible sale General The Old Donation Center for Gifted and Talented originally opened m 1965 as Old Donation Elementary School It was converted to a center for the gifted and talented in 1979 Recent capital hnprovements include the ad&t~on of a gymnasium in 1994 and a new roof in 1996 The famhty ~s scheduled to recmve funding for a modermzatmn m 2005-06 The floor plan is one of rite twenty-two "Waller prototype" plans in the &v~sion III.1 ll 95 7 BAYSIDE 6TM GRADE CAMPUS FOIUvlER ARAGONA ELEMENTARY SCHOOL Address' 4722 Jericho Road Virginia Beach, VA 23462 Site S~ze +13 Acres Bmldmg Size' 43,911 Square Feet Bmldmg Age. 1957 Audited Program Capacity: 774* Current Zoning' R 7.5 (Residential) AICUZ Noise Zone- less than 65 dB Ldn Building Availability' January 2001 Facility Constraints: None Possible Uses' Educational, office, possible sale General The Bays~de 6th Grade campus originally opened m 1957 as Aragona Elementary School. The facility was converted to the Adult Learning Center m 1984, m~d converted to the Bayslde 6th Grade Campus m 1992 The famhty will house Bayslde Elementary students through January 2001 The most recent capital improvements were the addition of a gymnasium m 1992 and a new roof in 1995 The facility is scheduled to receive funding for a modernization in 2007-08 The floor plan is the "three finger" plan smular to King's Grant, Thoroughgood, and Kempsville Meadows Elementary Schools *Based on huddle school programming (1998/99) IV.1 CENTER FOR EFFECTIVE L, EARNING Address. 233 North Witchduck Road Virginia Beach, VA 23462 Site S~ze' + 18.77 Acres (includes School Plant) Building Size. 66,064 Square Feet Building Age' 1946 Audited Program Capacity: N/A Current Zoning' I- 1 (Light Industrial) AICUZ: Noise Zone - less than 65 dB Ldn Building Availability: N/A Facility Constraints: The facility is physically connected to our School Plant maintenance building Possible Uses Educational, office, light indusmal General' The facility originally opened in 1946 as an expansion to the Princess Anne County Training School and was called Union Kempsvllle High School Six classromns were added in 1959 and a stadium was built m 1966 The facility was converted to the Center for Effective Learning in the early 1980's Recent capital improvements Include a roof replacement in 1989, aa~d replacIng the boiler in 1999 The HVAC system is scheduled to be replaced ($625,000) in the summer of 2000, the gymnasium floor replaced ($125,000) m 2002-03, the gynmasium bleachers replaced ($75,000) m 2003-04, and the auditorium seating replaced ($75,000) in 2004-05. v.1 KEMPS LANDING MAGNET SCHOOL Address: 525 Kempsville Road Vn'ginia Beach, VA 23464 S~te S~ze' + 12.32 Acres (includes +4.6 acre ball field site across Kempsmlle Road) Building Size: 55,748 Square Feet Building Age: 1941 Program Capacity: 605 Current Zoning R7.5 (Residential) AICUZ Noise Zone- less than 65 dB Ldn Bmldmg Availabihty: N/A Facility Constraints' Site is split by Kempsville Road. Access is difficult and facility's second floor is not ADA accessible. Possible Uses Educational, office, possible sale of one or both parcels General Kemps Landing Magnet School originally opened m 1941 as Kempsville H~gh School A gymnasium was built m 1949 and sixteen classrooms were added in 1959 Facility was later converted to an elementary and an ~ntermed~ate school before housing the current m~ddle school magnet prog~ am ~n 1994. The famhty is scheduled to receive an elevator as well as enuance m~d ~esnoom mo&ficat~ons (4-$250,000) durmg the summer 2000 Addiuonally, the gymnasium floor (+$125,000) ~s m need of replacement VI.1 TECHNICAL AND CAREER EDUCATION CElXYrER Address. 2925 North Landing Road Virginia Beach, VA 23456-2499 Site Size: +24.65 Acres Building S~ze 118,040 Square Feet Bmldmg Age 1972 Program Capacity. N/A Current Zoning PD-H1 (Planned Development Housing) AICUZ' Noise Zone - 65-70 dB Ldn Building Availability. N/A Facility Constraints Nolle Possible Uses Educational, office General' The Technical & Career Education Center originally opened as Vo-Tech in 1972 Recent capital improvements include a new roof in 1993 and i eplacement of the HVAC syste~n m 1999 The faclhty will be impacted by the opening of the Advanced Technology Center m the Winter/Spring of 2002 VII.1 C~ty of VIrginia Beach V~rglnia F~scal Year 1999-2000 thru 2004-2005 Capital Improvement Program Projectfl and Tdl'e 1-097 CentralAcademy/Tech &Career Ed CtrConsol~dat~on Study · CIP Section Schools Business Area QualIty Education for Lifelong Learmng Pr,or~ty C Total Total Budget Unappropriated Subsequent Years Future Programmed Appropriations Year I Year 2 J Year 3 Year 4 Year 5 year 6 Funding Funds To Date FY 1999-00 FY 2000-01J FY 2001-02 FY 2002-03 FY 2003-04 FY 2004-05 Requirement 75 000 0 0 75,000 0 0 0 0 0 i h~$ I,rr,lect v:~ll e.,,aluah=. the potenhal for moving the V~rg~n~a Beach Central Academy program ~nto the ex~st,ng Technical & Career Educat~n Center s~met~me after the ~penmg of the Advanced Techn~ca~ Center ~n September 2001 Th~sprojectw~ll also evaluate the potenbal d~spos~bon of the facd~ty which houses the Central Academy lh¢- planned opemng of a new Advanced Techmcal Center ~n September 2001 presents an opportunity to evaluate our space L,td~F_.~t,on of both of these facdlbes rJev, project Bas~s for Esbmate FY 1999-00 FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 FY 2004-05 0 0 0 0 0 0 Act~wty From - To Amount Fund,ng Source Amount Design 07100-06/01 75,000 2000 Charter Bonds 75,000 Total Budgetary. Cost Estimate 75,000 Total Programmed Financing 75,000 Total Non-Programmed Costs 0 Future Funding Requirements 0 Total Programmed Costs 75,000 F,¢r*I Yr, mr lqaa-2nnn VII. 2 Schools CENTRAL ACADEMY Ad&ess. 273 North Witchduck Road Virginia Beach, VA 23456-6582 Site Size: + 10.989 Acres Building Size: 149,578 Square Feet Building Age: 1980 Progrmn Capacity. 360 Current Zoning B-2 (Business) AICUZ: Noise Zone - less than 65 dB Ldn Building Availability: N/A Facility Constraints: Asbestos present in areas previously used for storage. Possible Uses Educational, office, possible sale General' This facility was originally constructed in the late 1950's as GEX, and was converted to the Career Development Center in 1980 The facd~ty received a new roof in 1993, and minor interior renovations m 1998. The famhty ~s scheduled to recmve an HVAC upgrade ($775,000) in 2001-02. VIII.1 i City of V~rg:nm Beach V~rg:nm Fiscal Year 1999-2000 thru 2004-2005 Capital Improvement Program Project fi andT~tle 1-O97CentralAcademyfTecb&CareerEd CtrConsol~dat~on Study CIP Section Schools Bus,ness Area Quality Education for Lifelong Learning Pr,ordy C Unappropriated Subsequent Years '[ otal Programmed Fund~, 75 000 Total Appropriations To Date Budget Year 1 FY 1999-00 Year 2 I Year 3 FY 2000-O1 I FY 2001-02 75,0001 0 Year 4 I Year 5 FY 2002.03] FY' 2003.04 oI o Year 6 FY 2004.05 Future Funding Requirement lh~s project wdl evaluate the potenhal for r'novu'~g the V~rg~n~a Beach Central Academy program ~nto the ex~st~ng Technical & Career Education Center sometime after the open~n9 of the Advanced Technical Center ~n September 2001 i-h~s project w~ll also evaluate the potential d~sposd~on of the facd~ty which houses the Central Academy planned open~n9 of a new Advanced technical Center ~n September 2001 presents an opportunity to evaluate our space ut,l,~',~cn of both of these faol~t~es for Est~m~to FY 1999-00 FY2000~I FY 2001-02 F~ 2002~3 FY 2003~4 FY2004~5 0 0 0 0 0 0 Actiwty From - To Amount L)es~gn Total Budgetary Cost Estimate Total Non-Programmed Costs Total Programmed Costs 07/00-06/01 75,000 75,000 0 75,000 Funding Source Amount 2000 Charter Bonds Total Programmed F~nanong Future Funding Requirements 75,000 75,000 0 Incal Year 199q-2000 VIII. 2 Schools D 0 0 0 It is recommended that the disposition of the eight facilitIes in the report be broken down unto three phases, with timel~nes for recommendations as outl~ned below Phase I Old Seatack and Linkhorn Park elementary schools and Kemps Landing Magnet Time Frame Provide a recommendation to the School Board by December 1, 1999, regarding the d~spos~t~on of these three facilities Utilize CIP 1-230 AltenTattve Use Study Old Lmkhorn Park crud Seatack as an evaluation tool Recommend that the School Board on September 7, 1999, request that City Council transfer $40,000 from CliP project 1-057 Various Schools Addtt~ons into Clip 1-230, and that the project scope be modified to include an assessment of Kemps Landing Phase II Technical & Career Education Center and Central Academy Time Frame Provide a recommendation to the School Board by December 1, 2000, regarding the d~spos~tion of these two facdities Utilize CIP 1-097 Central Academy/Techmcal & Career F_xtucat~on Co~sohdatton Study as an evaluation tool Ttus will allow for a timely transition ~nto the new Advanced Technology Center in the Winter/Spring of 2002 Phase III Old Donation Center, Center for Effective Learning, and Bayside 6th Grade Campus Prowde a recommendation to the School Board by June 1,2001, regarding the d~sposlt~on of these three fac~l~ties IX. 1 63 SCHOOL PROPERTY § 22.1-130 ude ~ not r~udemd bad 1951-.52 Op Att) Gcn 142. Former § Z2 150 ~a5 apph~ble Io ¢ondemnotmn pr~- mrsm~a~bythe~h~l~ard 1971 72Op A~'yGen 341 It ~ not ~e obl~gatmn of the Commonwealth's at~r ney ~ ~s~ the ~h~l board ~n all mat~ mla~g to ~e a~ur~hon offal pmpe~y 1971-72 Op Att'y ~n 341 A ~1Ma~ h~ author~ to ~n ~e senqc~ of ~ a~ey oth~ ~ ~e Co~onw~l~'s at~ey ~ ~p~nt it m ~ndemnatmn p~ln~ brought by ~t for ~ ~on offal p~y. 1971-72 Op A~y ~n 341. ~~ of l~d encm~r~ by deed of ~s~ -- A ~l ~ m not p~hibitcd f~m pu~h~tng land en~ ~ by d~ of ~st where ~e ~ard x~ Ill not ~ume ~e mo~ l~ Op Att'y G~ 2~ § 22.1-129. Surplus real property; sale, exchange or lease of real and personal property. -- A_ Whenever a school board de- termines that It has no use for some of 1ts real property.; the school board may sell such prop- erty and may ret. mn all or a portion of the proceeds of such sale upon approval of the local govermng body and after the school board has head a pubhc hearing on such sale and retentaon of proceeds, or may convey the title to such real prope_rty to the county or city or town compris- ing the school ch;nsion or, ffthe school dimsion is composed 0fmore than one county or mty, to the county or c~W m winch the pro~rts.' is located. To convey the tatle, the school board shall adopt a resoluhon that such real property is surplus and shall record such resolutaon ~ong with the deed t~ the property w~th the clerk of the circuit court for the county or city where such property is located. Upon the recording of the resolution and the deed, the title shall vest m the appro- priate count's.sty or tow-n Ifa school board sells surplus real property, a capital Lmprovement fund shall be established by such ~hool board and the proceeds of such ~zle retm~e~ by the school board shall accrue to such capital Lmprovement fund The capital unprovement fund shall only be used for new school construction, school renovatmn, and ma- jor school mmnbenance projects B. A school board shall have the power to e~change real and personal property, to lease real and personal property either as lessor or lessee, to grant easements on real property, to convey real property m trust to secm-e loans, to convey real property to adjust the boundaries of the prol>ert5, and to sell personal property in such manner and upon such terms as it deems proper As lessee of real propert.~; a school board shall ha~e the power to expend funds for capital repasts and improvements on such property, ff the lea~e ~ for a term equal to or longer than the useful life of such reparrs or ~mprovements C Notwithstanding the promstons of subsec- Norm A and B, a school board shall have the pOWer to se]] ~ocat~onal educatmn projects and as-so<hated land pursuant to § 22 1-234 (Code 1950,§ 22-161, 1968, c 261, 1972, c. 220, 1980, c~ 559, 1989, c 102, 1991, c 29,9, 1995, c. 513 ) 'l~h*' 1995 amendment, ,n ,ub-.~-kmn 5 tn the fi~=t ~n may ~t~n ~Jl or a ~rl~om o{ the pt~:~ ¢~ such ~le u~n approval of the local gosermng body and a/Ler the r, chool board has held z pubhc heanng on such ~ale and reCentaon of proceec~, or may o0nxef' and deleted 'shall be_ conveyed' follo~qnff %uch real property', added the ~<<-ond para..,qmph of the subsectaon, and substituted 'ff the lea_~' for 'pro~qded that the le. ase' near the end of the second sentence of su bsect~on B Sale of property lo-xt by mversmn. -- To conclude that the stat-ute autl~mnng the sale or exchmnge of school prop- erty means that the school board could sell or exchange property which ~t has lost by reversion ~ould be fa_r~cal_ School B&v. Buford. I/0Va_ 173. 124 S E 286 (1924) (demded under prior law) OPIlqlONS OF TIIE ATTORNEY GENERAL Decision to ~ell r, chool property l,es w~th board. -- Authority to determine whether or not property devoted to school purposes rd~mld be_ ~ld or retained }s vested tn the local school board. 1968-69 Op Att'y Gen 20~ C~ty council need not ooncur .n decks~on of r,~hool board to dizpo~ of r, chool property. -- See 1.~=W~-69 Op Att'y Gem 209 ,4, school board may not convey r~:hool property to S~ate w~thout oons~derat~on. 1963-64 Op Att') G-em 268 But ~t~r~ may con,,ey prop~t5 to school boa~cl ~uthout con~dermtaom -- The board of sup,'~rs, may convey property to the scbeol board w~thout thc school board be.~ng mqmmd to pay the count)' a cons~der~Uon ther~£or. ~ is ~ mere tmmxfer of thc title to property by the board of ~aperv~ot~ to amother agency of the coumCy to b~ used for a pubhc purpose. 19B6-~/Op ALt'y Cren_ 32. And r~hool b<~-d my oanvey surpltts r, cho~l prop- erty to Board of ~'npm~rmor~ vathout con_~idemu0n_ 1964-65 Op. ANS' Gem 290. For anoeher opmmn a~ to mnvey- ance of r~tl p~ by f. chool board to o0unty, see 1~ Op. Atey Gen. ~ Tearing do~'n budding wtnch cannot be ~ for school purpo~e~ -- A school board may tear do,~n · bmqd- mg which xs in smeh d.ts~pa~r that ~t cannot be us.~J for school purpos~ 1970-,-1 Op. Att'.~ Gem 335 There w~s no ~tmg period provided by formmr § 2:2- 161 or § 15.1-:282 t>-jom proee~mg to s~ll school pml>erty '_958-.59 Op A~) Gem 25°_ Prooeed. s of aale of r,~hool proper%. -- AJthough ~t wins formerly ruled that momey~ rt.x--e~ved from the sale of school pm!:ma-~' todd g~ m:o ,,he ~hool fund subjc, ct to the control of the school board. ¢~e to the amendment of §§ 1.5 1-160 amd 1.5 1-162 by the 19.59 Special Sessmn. MI public moneys collected by the c~tmt) rare now subject to the appropna~on power o£the gvvm-mng bo<Iv 1959-60 Op Att'> G~_m 301 § 22.I-130. Authoraty to acqtth-e prop- erty from Umted States or any agency thereof. -- A. Notwithstanding the provisions of any other law or of any charter or any ordinance, an.~ ~hool board may, by re~luhon, authorize the acquisition and purchase from the Umte<t States or any agency thereof of any equipment, supphes, materials, or other prop- erty, real or pe_rsonal, in such manner as such school board may determine. B. It is the purpose of tarns section to enable school boards to secure from time to tune promptly the benefits of acquisitions and pm-- chases as authom_zed by tlus sectaon, to z~d them m-~ecurmg adwa2tageous purchases, to prevent unemployment and thereby to assmt m promo- tion of pubhc welfare and to these ends school boards shall hz~ e power to do all things neces- sary or convement to carry out such purpose, m add~tmn to the e_xpre.ssed power conferred by thru sectmn_ T"ms sectmn is reme&al m nature X.1 - 23 - Item V-d. 6. ORDINANCES ITEM # 45484 Upon motton by Vtce Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED: License Refunds - $26,131.43 Voting' 11-0 (By ConsenO Councd Members Voting Aye: Ltnwood 0 Branch, III, Margaret L Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor Wtlliam D. Sessoms, Jr. and A M "Don" Weeks Counctl Members Voting Nay: None Counctl Members Absent None September 28, 1999 FORM NO C A 8 REV 3/a6 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. That the following apphcabons for license refunds, upon certification of the Commissioner of the Revenue are hereby approved' NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID ASKEW SERTONIUS DONYEL CAGLE SOMPONG M ENERGY PRO INC INFORMATION INTEGRATION INC INTERNATIONAL MEDIA SERVICE INC SALVATORE CHRIS NOEL STANFIELD ETHAN E 09/07/99 AUDIT 10 00 0 50 10 50 09/01/99 AUDIT 10 00 0 00 10 00 09/01/99 AUDIT 287 94 48 05 335 99 1999 08/16/99 40 00 0 00 40 00 09/07/99 AUDIT 17,962 73 1,974 19 19,936 92 1999 01/12/99 80 00 0 00 80 00 1999 07/11/99 59 42 0 00 59 42 This ordinance shall be effective from date of adoption The above abatement(s) totaling City of Virginia Beach on the $20,472.83 28 Commissioner of the Revenue City Attorney were approved by the Council of the September 99 day of ,19 Ruth Hodges Smith City Clerk FORM NO C A 8 REV 3/~ AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE That the following apphcations for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID ABACUS BUSINESS SERVICES INC ABLER COMMUNICATIONS INC ADA TECHNOLOGIES INC ASSURED CONSTRUCTION INC ATR HOLDINGS LTD B JS WHOLESALE CLUB INC BUBLICK RONALD G CHESAPEAKE SQUARE INC EL AZTECA CORP 5 S CORPORATION THE G & F CONVENIENCE INC HAMPTON ROADS CONVENIENCE STORE OCEAN SANDS RESORT LLC PRECAST CONCEPTS INC SMB RESTAURANTS LLC WALKER LINCOLN & EVA 08/30/99 AUDIT 1,224 61 142 81 1,367 42 08/26/99 AUDIT 54 48 37 38 91 86 08/27/99 AUDIT 10 00 0 00 10 00 08/26/99 AUDIT 396 19 127 34 523 53 08/26/99 AUDIT 133 71 0 08 133 79 08/27/99 AUDIT 210 04 19 02 229 06 08/17/99 AUDIT 10 00 2 25 12 25 1999 08/31/99 72 65 0 00 72 65 1999 08/31/99 50 00 0 00 50 00 08/06/99 AUDIT 1,009 56 25 23 1,034 79 08/16/99 AUDIT 1,602 69 200 26 1,802 95 1999 08/31/99 127 30 0 00 127 30 1999 04/01/99 100 00 3 00 103 00 08/26/99 AUDIT 50 00 0 00 50 00 1999 09/01/99 10 00 0 00 10 00 1999 08/10/99 40 00 0 00 40 00 This ordinance shall be effective from date of adoption. The above abatement(s) totaling City of Virginia Beach on the $5,658.60 28 Philip ;1" Ke~la'm-- ' - Commissioner of the Revenue · L'~slie L Ldley C~ty Attorney were approved by the Council of the day of September ,19 99 Ruth Hodges Smith City Clerk - 24 - Item V-K. PLANNING ITEM # 45485 1. GAR Y BUILDERS, INC. STREET CLOSURE 2. LOTUS CREEK ASSOCIATES VARIANCE 3. RAHN McLA WHORN VARIANCE 4. RH BUILDERS, INC. MODIFICATION OF CONDITIONS COZ from R-SD TO Conditional R-SD with a PD-H.2. Overlay(January 12, 1999) 5. CORNELIUS F. AND ANTONINA S. BOLTON CONDITIONAL USE PERMIT 6. CH PARTNERS, L.P. CONDITIONAL USE PERMIT 7. ATLANTIC SHORES BAPTIST CHURCH CONDITIONAL USE PERMIT 8. DA VID P. MAHER - MOTOR SPORTS, INC. CONDITIONAL USE PERMIT 9. WENDELL C. FRANKLIN CONDITIONAL CHANGE OF ZONING 10. CITY OF VIRGINIA BEACH AMEND SECTION 211 OF THE CZO Repeal durational limits for political campaign signs. September 28, 1999 - 25 - Item V-K. PLANNING ITEM # 45486 Upon motton by Vtce Mayor Sessoms, seconded by Councilman Branch, City Counctl APPROVED IN ONE MOTION the CONSENTAGENDA' Items 1, 3, 4, 5, 6, 7, 8, 9 and 10 (DEFERRED INDEFINITELY). Items 5 and 8 were APPROVED, BY CONSENT, with addtttonal condtttons. Item 10 was DEFERRED INDEFINITELY. Voting 11-0 Counctl Members Voting Aye' Ltnwood O. Branch, III, Margaret L Eure, Wilham W Harrtson, Jr., Harold Hetschober, Barbara M. Henley, Louts R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor Wtlham D Sessoms, Jr and A. M. "Don" Weeks Counctl Members Vottng Nay: None Council Members Absent None September 28, 1999 - 26- Item V-K. 1. PLANNING ITEM # 4548 7 Upon motton by Vtce Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon apphcation of GAR YB UILDERS, INC.,for the discontinuance, closure and abandonment ora 25-foot unnamed street Apphcation of Gary Budders, Inc. for the &scontinuance, closure and abandonment ora 24-foot wtde unnamed street located 150feet more or less north of the tntersectton of Connie Lane and Baker Road as shown on the certain plat entitled "Resubdtviston Plat of Property owned by Gary Buddtngs, Inc "recorded tn Map Book 260, Page 9 (GPIN #1468- 60-3174) (BA YSIDE - DISTR~CT 4) The following conditions shall be required' The Ctty Attorney's Office wdl make the final determtnation regarding ownership of the underlying fee The purchase prtce to be pard to the City shall be determined accor&ng to the "Pohcy Regarding purchase of City's Interest tn Streets Pursuant to Street Closures, "approved by Ctty Councd. Coptes of the pohcy are available tn the Planntng Department. The applicant ts required to resubchvtde the property and vacate internal lot lines to tncorporate the closed area tnto the adjotntngparcels. The plat must be submttted and approved for recordatton prior to final street closure approval. The apphcant ts required to vertfy that no private utthttes extst withtn the right-of-way proposed for closure Prehmtnary comments from the utthty companies indicate that there are no private utthttes wtthin the right-of-way proposed for closure If private utihties do extst, easements sattsfactory to the utthty company, must be provtded Closure of the rtght-of-way shall be contingent upon compliance with the above stated conchttons wtthtn 365 days of approval by City Council If not, the approval wdl be constdered null and void. Vottng 11-0 (By ConsenO Councd Members Vottng Aye Ltnwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E. Oberndo~ Nancy K Parker, Vtce Mayor Wtlham D. Sessoms, Jr. and A M. "Don" Weeks Council Members Voting Nay: None Counctl Members Absent None September 28, 1999 -27- Item V-K.2. PLANNING ITEM # 45488 Al Abtouness, Engtneer and General Partner - Lotus Creek Assoctates, , 4505 Colley Avenue, Phone 487- 7040, represented the applicant and reiterated the history of the project On May 19, 1980, the apphcatton of SANDBRIDGE ROAD ENTERPRISES for a Change of Zomngfrom AG-1 to R-8 and a Condtttonal Use Permtt for a golf course were approved In May 19, 1986, an applicatton of LOTUS CREEK ASSOCIATES for a Change of Zoning from AG-2 to R-4 and from R-8 to PD-H2 for 300 umts on thts stte was approved The Wetlands Act came tn to betng in 1986 and the apphcant has spent from 1986 to 1991 to develop the property within these gutdelines On December 17, 1991, the Ctty Council granted a modtficatton to the ortgtnal land use plan In 1994, the Board of Zontng Appeals approved granttng the fill tn the Phase I study, whtch has been implemented. Upon motion by Counctl Lady Henley, seconded by Vice Mayor Sessoms, City Council DEFERRED INDEFINITELY Or&nance upon apphcatton of LOTUS CREEK ASSOCIATESfor a Vartance to Sectton 5B of the &te Plan Ordinance, Floodplatn Regulattons: Ordtnance upon apphcatton of Lotus Creek Assoctates, for a Vartance to Section 5B of the Site Plan Ordinance, Floodplatn Regulattons, on certatn property located on Lotus Creek Drtve, 2 70 feet south of Camino Real South. PRINCESS ANNE - DISTRICT 7. This deferral will enable the apphcant to meet the crtterta which the Planning staff has developed for evaluattngflood platn vartances, whtch includes the floodplain hydrology study and floodplatn mtttgatton plan. Ftll wtthtn the floodplatn must be mtttgated 100%, to result tn no decrease tn flood storage Fill withtn the floodplatn must be hmtted to the smallestposstble amount of area and fill betngproposed (gutdehne 5% mtntmum) Mtttgatton must be on-stte (100%) Vottng. 11-0 Council Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, 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 September 28, 1999 - 28 - Item Vdt.3. PLANNING ITEM # 45489 Upon motion by Vtce Mayor Sessoms, seconded by Councdman Branch, City Counctl APPROVED the application of lL4HN McLA WHORN for a Variance to Section 4. 4(b) of the Subchvtston Ordinance which requires that all newly crated lots must meet all requirements of the Ctty Zomng Ordtnance (CZO)' Appeal to Decistons of Admtntstrattve Officers tn regard to certatn elements of the Subchvtston Ordtnance, Subdtviston for Rahn McLawhorn. Property ts located at 925 East Sparrow Road (GPIN #144 7-91-3418) CENTER VILLE - DISTRICT 1. The followtng conditions shall be required' 1 A prehmtnary and final plat shall be submitted to the Development Services Center for approval and recordatton 2 Site plans for the two lots shall also be submttted to the Development Services Center for approval. The only land &sturbance allowed within the Chesapeake Bay Preservation Area (CBPA) buffer ts the removal of the existing structure, the removal of the existtng asphalt drive and the construction of the proposed gravel drive Buffer restoration utdizing bayscape landscapingprtnctples, equal to the amount of land disturbance wtthtn the Chesapeake Bay Preservation Area (CBPA) buffer shall be provtded downslope of land &sturbance. Vottng 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, Wtlham W. Harrison, ,Ir., Harold Hetschober, Barbara M Henley, Louts R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr and A M "Don" Weeks Counctl Members Voting Nay: None Counctl Members Absent. None September 28, 1999 - 29 - Item V-K. 4. PLANNING ITEM # 45490 Upon motion by Vice Mayor Sessoms, seconded by Counctlman Branch, City Council APPROVED the application Rtt BUILDERS, INC.,for the MODIFICATION OF CONDITIONS on the Change of Zoning District Classification from R-SD Residential Duplex District to Conditional R-SD with a PD-H 2 Planned Untt Development District Overlay granted on January 12, 1999 on property located on the North side of Kempsville Road, 450feet West of Centerville Turnpike (CENTERVILLE- DISTRICT 1). Condition #3 shall be revised as follows: 3. The minimum side yard setback adjacent to the southern property line will be lO feet. Voting. 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, Ill, Margaret L. Eure, Wilham W Harrison, Jr, Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and,4. M. "Don" Weeks Council Members Voting Nay: None Counctl Members ~4bsent. None September 28, 1999 Item V-K. 5. - 30- PLANNING ITEM # 45491 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, City Counctl ADOPTED an Ordinance upon Applicatton of CORNELIUS F. and ANTONINA S. BOYNTON for a Conchttonal Use Permtt. ORDINANCE UPON APPLICATION OF CORNELIUS F AND ANTONINA S BO YNTON FOR A CONDITIONAL USE PERMIT FOR AUTOMOBILE SALES AND SER VICE R09992296 BE IT HEREB Y ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon applicatton of Cornehus F. and Antonina S Boynton for a Condittonal Use Permit for automobile sales and service at the Southeast corner of Vtrginia Beach Boulevard and North Wttchduck Road (GPIN #1467-85-6657). Satd parcel is located at 5085 Vtrgtnta Beach Boulevard and contatns 18,531 square feet KEMPSVILLE - DISTRICT2. The following con&ttons shall be required' . No more than 33 vehtcles shall be permttted for display on thts property Landscaping shall be installed as shown on the submitted stte plan entttled, "Revised Site Development Plan for CUP, Charlie Falk's Auto Wholesalers, "dated 28 July 1999, whtch has been exhibtted to the Ctty Counctl and ts on file wtth the Planntng Department. The two entrances on Wttchduck Road shall be replaced wtth one entrance as depicted on the site plan referenced above The budding shall be constructed as shown on the submttted elevation entitled, "Charlie Falk's Auto Wholesalers, "dated 12 May 1999, and colors and buddtng materials shall be as deptcted in the submttted photograph, both of which have been exhibited to the City Council and are on file with the Planntng Department All auto repatr must take place instde the butldtng No outstde storage of equipment, parts or materials shall be permttted 6. All hghting shall be &rected toward the intertor of the stte. 7 No cars shall be located within the public rtght-of-way. 8. No outside speakers shall be permttted September 28, 1999 Item V-K. 5. - 31 - PLANNING ITEM # 45491 (Continued) Thts Ordinance shall be effective tn accordance with Sectton 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Vtrgtnia Beach, Vtrgtnta, on the Twen~-eighth Of September, Nineteen Hundred and Ninety-Nine 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, Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vtce Mayor Wdham D. Sessoms, Jr. and A M. "Don" Weeks Councd Members Vottng Nay. None Council Members Absent' None September 28, 1999 - 32 - Item V-K. 6. PLANNING ITEM # 45492 Upon motion by Vice Mayor Sessoms, seconded by Councdman Branch, City Councd ADOPTED an Ordtnance upon applicatton of CH PARTNERS, L.P., for a Con&tional Use Permtt. ORDINANCE UPON APPLICATION OF CH PARTNERS, L.P , FOR A CONDITIONAL USE PERMIT FOR AN OPEN SPACE PROMOTION R09992297 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon apphcatton of CHPartners, L P ,for a Con&ttonal Use Permtt for an open space promotton on certain property located on the south side of Indian River Road, east of Htllcrest Farms Boulevard (GPIN #14 74-80-4559) Saidparcel ts located at 3889 In&an Rtver Road and contains 99 9 acres CENTER VILLE - DISTRICT 1 The followtng condittons shall be required' The apphcant shall develop the stte in substanttal accordance with the submitted development plan tttled, "Prehmtnary Subdivtston of the Whtte Property", dated 17 February 1999 (revtston date of 13 July 1999) and prepared by Basgter and Associates. In addttton, the site shall be developed tn accordance with the "Landscape Treatment Plan" prepared by Siska Aurand Landscape Archttects, Inc, and dated 14 July 1999. The 44 56 acre wetlands area shall be dedtcated to the City of Virginia Beach. All other open space park sites shall be conveyed to a Homeowner's Assoctation. Prior to the recordatton of the Articles of lncorporatton, Covenants and By- Laws, the applicant shall submtt esttmates and details regardtng the maintenance costs for the open spaces park sttes as well as a projected budget for the Homeowner's Assoctatton. The improvements proposed for all park sites shall be included in the standard subchvtston agreements which will be requtred prior to the recordation of the final subdivtston plats for thts development A forty (40) to forty-five (45)foot right-of-way dedication shall be dedicated along the subject site on In&an Rtver Road to provide for an ultimate 120-foot right-of-way as per the Master Transportation Plan. The exact amount of the dedtcatton will be determtned dunng detaded constructton plan revtew and subsequent to actual field surveys. An approximate thirty foot 00') right-of-way reservatton ts requtred along the frontage of the stte for road widentng assoctated with the Southeastern Parkway and Greenbelt project. The actual hmtts (width) of the reservatton area shall be determined durtng detatled construction plan design for thts project. The reservatton area along Indian River Road ts tn addition to the limits of right-of-way to be dedicated for the Inchan Rtver Road requtrement per the Master Transportatton Plan, and as noted tn Conchtton 4, a reservation agreement wtll be requtred prtor to the reconchtion of any subdtvtsion plats for this development All lots which lie adjacent to environmentally sensitive areas, t e, (Non-ttdal wetlands and the Southern Watersheds Management Ordinance- 50-foot buffer) shall be a maxtmum of 9, 000 square feet tn lot area September 28, 1999 - 33 - Item V-K. 6. PLANNING ITEM # 45492 (Continued) The exact location of the pump statton shall be addressed prtor to final site design 8. The overall denstty for the project shall be 113 lots All open space/park site areas are to be property cleared, graded, seeded and adequately stabihzed pnor to the sttes betng conveyed to the Homeowner's Association The sites shall be conveyed to the Assoctatton only after such ttme that the control of the Assoctatton has been rehnqutshed by the developer or management company and has been gtven over to the restdents of the new development. The open space park sttes must be properly accepted by the residents of the subchviston In ad&tion, all landscaping, fencing, entry features and park area amenities shall also be properly accepted by the Homeowner's Assoctation after such time that the control of the Assoctatton has been turned over to the residents This Ordtnance shall be effecttve tn accordance with Sectton 107 09 of the Zoning Ordtnance. Adopted by the Council of the Ctty of Vtrginia Beach, Virgtnta, on the Twen~-etghth of September, Ntneteen Hundred and Ntnet¥-Nine Votmg: 11-0 (By Consent) Councd Members Voting Aye: Ltnwood 0 Branch, III, Margaret L Eure, William W Harrtson, Jr., HaroM Heischober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vtce Mayor Wdham D. Sessoms, Jr and A M "Don" Weeks Councd Members Voang Nay: None Councd Members Absent. None September 28, 1999 - 34 - Item V-K. 7. PLANNING ITEM # 45493 Upon motton by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordtnance upon applicatton of A TLANTIC SHORES BAPTIST CHURCH for a Conchttonal Use Permit' ORDINANCE UPON ATLANTIC SHORES BAPTIST CHUR CH FOR A CONDITIONAL USE PERMIT FOR A CHURCH EXPANSION R09992298 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Atlantic Shores Baptist Church for a Condittonal Use Permit for a church expansion on the east side of Centerville Turnpike north of Kempsvdle Road (GPIN #1455-83-4152). Said parcel is located at 1861 Kempsville Road and contains 10 56 acres. KEMPSVILLE - DISTRICT2 The followtng conditton shall be required' Approval is for the expanston of the parktng lot ONLY at thts time. It is understood that the rest of the proposed expansion will not go forward unttl proposed rendertngs and landscape plans have been recetved and all issues pertatntng to the portable trailers and semi-truck traders located on the stte have been addressed Thts Ordinance shall be effecttve tn accordance with Section 107 (]) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Vtrgtma, on the Twen~-eighth of September, Ntneteen Hundred and Ntne~-Nine Voting 11-0 (By Consent) Councd Members Vottng Aye Linwood O. Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent' None September 28, 1999 - 35- Item V-K. 8. PLANNING ITEM # 45494 Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, City Counctl ADOPTED an Ordinance upon apphcatton of DAVID P. MAHER - MOTOR SPORTS, INC for a Conchttonal Use Permtt ORDINANCE UPON APPLICA TION OF DA VID P MAHER - MOTOR SPORTS, INC, FOR A CONDITIONAL USE PERMIT FOR USED MOTOR VEHICLE SALES AND REPAIR R09992299 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon applicatton of Davtd P Maher - Motor Sports, Inc , for a Condttional Use Permit for used motor vehicle sales and repair on Lots 12 and 13, Block 11 and on Lot A. Block 11 (GPIN #2407-84-3979, #24- 07-84-3955, #2407-84-4902) Satd parcel is located at 1680 Indian Avenue and contatns 12 642 square feet BEACH- DISTRICT 6 The following conditions shall be required A site plan will be prepared and submitted to the Development Servtces Center, Planning Department, for revtew and approval prtor to the issuance of a bustness license. The plan will address all the tmprovements as required by the ordinances and codes tn effect at ttme of submtttal In particular, the plan will tn&cate all the landscapmg as requtred by the Ctty Zontng Ordtnance and the Site Plan Ordtnance There will be no more than twenty (20) vehtcles for sale or service on the stte at any one time. All vehicles for sale will be limtted to the defined &splay areas as shown on the submttted site plan titled, "Motorsports Auto Sales, "prepared by Gallup Surveyors &Engtneers, Ltd, dated 28 May 1999 3 All repatrs will beperformed instde the building. No tnoperattve or wrecked vehtcles will be stored on the site. 4 The hours of operation will be Monday through Friday, 9 O0 am to 7. OOpm, Saturday 9:00 am to 400pm and closed on Sunday The extsttng yellow stchng on the exterior of the budding is acceptable and any new extertorfintsh shall also be tn earth tone colors An etght-foot (8') high prtvacyfence shall be tnstalled along the eastern property hne with the exceptton of the front yard area, where such hetght fence is prohtbtted by Sectton 201 (3)(1) of the Zoning Ordinance The tnstallatton of the fence will be in heu of the Category IV screentng as requtred by Sectton 903(b) of the Zoning Ordinance, except where the fence ts not tnstalled tn the front yard area as noted above Category IV landscape screening shall be tnstalled along the eastern property line in the front yard area 7 Only monument-style signage shall be used. 8 No outside speakers shall bepermttted Thts Ordtnance shall be effective in accordance wtth Sectton 107 (J) of the Zomng Ordtnance Adopted by the Counctl of the Ctty of Virginia Beach, Virginia, on the Twen _ty-eighth Of September. Nmeteen Hundred and Ninety-Nine September 28, 1999 Item V-K. 8. - 36- PLANNING ITEM # 45494 (Continued) Voting. 11-0 (By Consent) Council Members Voting Aye Ltnwood 0 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 K Parker, Vtce Mayor William D Sessoms, Jr. and A M. "Don" Weeks Councd Members Voting Nay: None Counctl Members Absent None September 28, 1999 -37- Item V-K. 9. PLANNING ITEM # 45495 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, Ctty Counctl ADOPTED an Ordtnance upon apphcation of WENDELL C. FRANKLIN for a Change Of Zoning Dtstrtct Classification ORDINANCE UPON APPLICATION OF WENDELL C. FRANKLIN FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM RT-3 TO CONDITIONAL A-36 Z09991145 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, Ordinance upon apphcation of Wendell C Frankhn for a Change of Zoning District Classificatton from RT-3 Resort Tourist Dtstrtct to Condtttonal A-36 Apartment Dtstrtct on certain property located at the southeast tntersection of North Birdneck Road and Pavtlion Drive (GPIN #2417-66-2734, #2417-66-0899, #2417-576-9034) Theproposedzoning class~cation change to Conchttonal A-16 ts for multifamtly restdenttal land use at a density no greater than 165 dwelhng untts per acre The Comprehensive Plan recommends use of thts parcel for resort uses incluchng lodging, retail, entertainment, recreattonal and other uses in accordance wtth other Plan pohctes. Satd parcel contatns 8. 889 acres more or less. BEACH- DISTRICT 6 VIRGINIA The followtng condition shall be required: 1. An Agreement encompasstngproffers shall be recorded with the Clerk of Ctrcutt Court Thts Or&nance shall be effective in accordance with Section 107 09 of the Zomng Ordinance. Adopted by the Council of the City of Virginia Beach, Vtrgtnta, on the Twen~_ -e~ghth of September, Nineteen Hundred and NineS-Nine Voting' 11-0 (By Consent) Counctl Members Vottng Aye: Ltnwood O. Branch, III, Margaret L Eure, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and A. M. "Don" Weeks Councd Members Voting Nay None Council Members Absent. None Item V-K. I O. September 28, 1999 City of' Virginia ]::{each INTER-OFFZCE CO~RESPOI~EAICE In Reply Refer To Our File No. DF-4964 DATE: August 25, 1999 TO: FROM: Leslie L. Lilley DEPT: City Attorney William M. Macali ~ DEPT: City Attorney Conditional Zoning Application - Wendell Franklin, et al The above-referenced conditional zoning application is scheduled to be heard by the City Council on September 14, 1999. I have reviewed the subject proffer agreement, dated July 27, 1999, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WMM/ Enclosure AGREEMENT THIS AGREEMENT, made this 27th day of July, 1999 by and between GIBSON EQUIPMENT COMPANY, INC., a Virginia corporation, owner of the property described in Exhibit A attached hereto, and WENDELL C. FRANKLIN, the contract purchaser of the property described in Exhibit A attached hereto (hereinafter collectively referred to as "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "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 encompassing 8.889 acres, more or less, located in the Beach Election District of the City of Virginia Beach, Virginia, and more particularly described on Exhibit A attached hereto, from RT-3 to A-36 conditional; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including multi-family purposes, through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, including those listed above, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned A-36 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and Prepared by Mays & Valentine, L.L.P. 4425 Corporation Lane, Suite 420 Virginia Beach, VA. 23462 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 A-36 zoning district by the existing City 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 having 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 subject Property at the time of recordation of such instrument; provided, 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. 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 physical development, operation and use of the Property if developed for a use permitted under the A-36 zoning classification, 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: 1. When the Property is developed, it shall be developed substantially in the manner depicted on that certain exhibit entitled "Conceptual Site Layout and Landscape Plan of South Beach Apartments, Pavilion Drive, Virginia Beach, Va" dated July 27, 1999 and prepared by MSA, P.C. (the "Site Plan"). A copy of the Site Plan has been exhibited to the City Council and is on file in the Planning Department of the City of Virginia Beach. 2. When the Property is developed, the landscaping, fencing and signage shall be substantially as depicted on that certain exhibit entitled "Conceptual Landscape Details, South Beach Apartments, Pavilion Drive, Virginia Beach, VA." dated July 27, 1999, prepared by MSA, P.C. (the "Landscape Plan"). A copy of the Landscape Plan shall be exhibited to the City Council and is on file in the Planning Depmment of the City of Virginia Beach. 3. The ntttnber of apartment units built on the Property shall not exceed 212 units, which is under the density restrictions of the A-24 apartment district. 4. When developed, the structures containing the apartment units shall be either four-story buildings or three-and four-story split buildings. The building materials, colors and architecture of all the buildings will be substantially as depicted in the exhibit entitled "Conceptual Elevation South Beach Apartments Developer: S. L. Nusbaum Realty" dated July 27, 1999 and prepared by Ballou, Justice & Upton (the "Rendering"). A copy of the Rendering has been exhibited to City Council and is on file in the Planning Department of the City of Virginia Beach. 5. When developed, the structures used for detached garages on the Property shall be one-story structures. The building materials, colors and architecture of the structure will be substantially as depicted in the exhibit entitled "Garage Details" dated July 27, 1999, and prepared by Ballou, Justice & Upton. A copy of tiffs exhibit has been shown to the City Council and is on file in the Planning Department of the City of Virginia Beach. 6. When the Property is developed overall, it shall be substantially as depicted in that certain exhibit entitled "Overall Concept Depiction" dated July 27, 1999, and prepared by Ballou, Justice & Upton. A copy of this exhibited has been shown to the City Council and is on file in the Planning Department of the City of Virginia Beach. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 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 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 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. This Agreement may be executed in counterparts and/or with counterpart signature pages. [SIGNATURES BEGIN ON FOLLOWING PAGE] SIGNATURE PAGE FOR AGREEMENT DATED NOVEMBER 13, 1998, BETWEEN GIBSON EQUIPMENT COMPANY, INC., WENDELL C. FRANKLIN AND THE CITY OF VIRGINIA BEACH WITNESS THE FOLLOWING SIGNATURES AND SEALS. GIBSON EQUIl ~MENT COMPANY, INC., a Wendell C. Fr~li~ COMMONWEALTH OF VIRGINIA CITY/COUNTY OF ~ ]~ f3 [(57.~ to wit: before me this~day of, The foregoing instrument was acknowledged by, ~~ ~)--~.i ~[~., as~o~u,~v/ of Gibson Equipment Co~4~any, l~c., a Vlrgama corporation, on behalf of the company. ~,- l~a~ Public My Commission Expires: ~ ~ I, COMMONWIJ~ALTH OF VIRGINIA CITY OF -'~ i(')'~~[ ~ , to-wit: The foregoing instrument w~ ac~owledged before me this by Wendell C. Fr~lin. ~~ ~/4 2M12 EXHIBIT A - LEGAL DESCRIPTION Parcels B-I-B-l(6.225 acres), Tract B-1 (0.617 acres) , and Tract C-1 (2.047 acres) as shown on plat entitled, "Subdivision Plat of Property of Gibson Equipment Company, Inc.," dated April 31, 1996, recorded in Virginia Beach Clerk's Office in Map Book 253, at page 78. - 38- Item V-K. I O. PLANNING ITEM # 45496 Upon motton by Vice Mayor Sessoms, seconded by Councilman Branch, Ctty Council DEFERRED INDEFINITEL Y: Apphcation of the Ctty of Vtrgtnia Beach to AMEND Section 211 of the City Zoning Ordinance (CZO) to REPEAL durattonal hmits forpohttcal campaign signs Voting' 11-0 (By Consent) Councd Members Vottng Aye' Linwood 0 Branch, III, Margaret L Eure, William W Harrison, Jr., Harold Hetschober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D Sessoms, Jr. and A. M. "Don" Weeks Council Members Vottng Nay' None Councd Members Absent: None September 28, 1999 - 39- Item V-L. 1. APPOINTMENTS ITEM # 4549 7 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: Michael E. Sawyer 2 Year Term 09/28/99 - 12/31/2001 COMMUNITY POLICY MANAGEMENT TEAM (CASA At-Risk) Voting' 11-0 Councd Members Voting Aye. Linwood 0 Branch, III, Margaret L Eure, Wdham W. Harrison, Jr, HaroM Hetschober, Barbara M Henley, Louts R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndor~, Nancy K. Parker, Vice Mayor William D Sessoms, Jr and A. M. "Don" Weeks Counctl Members Voting Nay: None Counctl Members Absent: None September 28, 1999 - 40- APPOINTMENTS ITEM # 45498 Upon NOMINATION by Vice Mayor Sessoms, City Counctl APPOINTED: Stephen Burke I Year Term 01/01/2000 - 12/31/2000 AND, REAPPOINTED: Gerald Divaris Eric Hauser Donald Maxwell Meyera E. Oberndorf I Year Terms 01/01/2000 thru 12/31/2000 ECONOMIC DEVELOPMENT ALLIANCE Vottng 11-0 Counctl Members Voting Aye. Linwood 0 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 K. Parker, Vtce Mayor Wtlltam D. Sessoms, Jr and A. M. "Don" Weeks Councd Members Voting Nay None Councd Members Absent' None September 28, 1999 - 41 - Item V-L.$. APPOINTMENTS ITEM # 45499 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: John Fletcher Bryant Herbert A. Culpepper 3 Year Terms 09/01/99 -08/31/2002 PARK, C; AND RECREATION COMMISSION Vottng' 11-0 Councd Members Voting Aye' Ltnwood 0 Branch, III, Margaret L Eure, William W Harrison, Jr., Harold Heischober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K. Parker, Vtce Mayor Wtlham D. Sessoms, Jr and A. M. "Don" Weeks Council Members Voting Nay None Counctl Members Absent None September 28, 1999 - 42 - ITEM # 45500 Mayor Meyera E. Oberndo~ entertatned a motton to permtt City Council to conduct tts CLOSED SESSION, pursuant to Section 2 1-344(A), Code of Vtrgmta, as amended, for the following purpose. PUBLICLY-HELD PROPERTY Dtscusston or constderation of the acquisition, or of the disposttton of pubhcly-held real property, where chscussion tn an open meettng would adversely affect the bargaining position or negottattng strategy of the pubhc body, pursuant to Sectton 2.1-344(A)(3). Acquisttton / Dtsposition of Property - Southeastern Parkway Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, City Council voted to proceed tnto CLOSED SESSION (7:28 P.M.) Voang' 11-0 (Verbal) Council Members Voting Aye: Ltnwood 0 Branch, III, Margaret L. Eure, William W Harrison, Jr., Harold Hetschober, Barbara M Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor Wdham D. Sessoms, Jr and A. M. "Don" Weeks Councd Members Voang Nay None Councd Members Absent' None September 28, 1999 - 43 - ITEM # 45501 Mayor Meyera E Oberndorf RECONVEND the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Ctty Counctl Conference Room, City Hall Buildmg, on Tuesday, September 28, 1999, at 7 50PM Council Members Present: Ltnwood 0 Branch, III, Margaret L Eure, Wilham W Harrtson, Jr, Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vtce Mayor Wtlliam D. Sessoms, Jr and A. M "Don" Weeks Councd Members Absent. None September 28, 1999 - 44- CER TIFICA TION OF CLOSED SESSION ITEM # 45503 Upon motton by Vice Mayor Sessoms, seconded by Councilman Harrtson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE V~TH THE MOTION TO RECESS. Only pubhc business matters lawfully exempted from Open Meettng requirements by Virginia law were chscussed tn Closed Sesston to whtch thts certtfication resolutton applies, AND, Only such public business matters as were identified in the motton convemng the Closed Sesston were heard, chscussed or considered by Virginta Beach City Counctl Vottng: 11-0 Council Members Voting Aye Ltnwood 0 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 Council Members Absent' None September 28, 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 # 45500, Page 42, 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 ~n the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. Ru~h Hodges S~ith, CMC/AAE C~ty Clerk September 28, 1999 Item V-O. - 45 - AD JO URNMENT ITEM # 45504 Mayor Meyera E. Oberndorf DECLARED the Ctty Councd Meettng ADJOURNED at 7:55 P.M. Beverly O. Hooks, CMC/AAE Chief Deputy City Clerk C~ty Clerk Meyera E. Oberndorf Mayor Ctty of Virginia Beach Vtrginta September 28, 1999