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Home My WebLink AboutAUGUST 24, 1999 MINUTES (2) ity C> 1:rg1rì18 "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E. OBERNDORF.A,.lA'St VICE MAYOR WIUJltM D. SESSOMS.JR..AI-lA'st UNWOOD O. BRANCH /II. Di",ic//l.Btac'h MARGARET L. EURE. Di",icll.C,"",.,ill, WIUJAM W. HARRISON. JR.. Di",icI5-Ly",,¡'aVt" HAROLD HEISCHOBER. AI.lA,S' BARBARA M. HENLEY. Dis"ici 7.P,i"c", Ann' LOUIS R. JONES. Dimici 4.Baysid, REBA S. McCLANAN. Disl,icI 3.R"" I/al/ NANCY K. PARKER. AI.lA,S' A.M. (DON) WEEKS. Ois"ic, 2.K,"'psvillt JAMES K. SPORE. City Ma"as" LESUE L. UUEY. City AIW"ty RUTH HODGES SMITH. CMC/ME. Ci/y CI"k CITY COUNCIL AGENDA August 24, 1999 I. CITY MANAGER'S BRIEFINGS - Conference Room - 1. CITY EMPLOYEE DENTAL BENEFITS Lynn Sachs, Benefits Coordinator [30 min.] CITYHAUBUIWING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 2345/1-9005 PI/ONE: 1757) 427-4.1113 FAX: 1757)426-S6iS9 EMAIL: crYCNCL@CITY.VIRGlNIA-BEACH.VA.l 3:30 PM FERRELL P ARKW A Y VI - Development Participation Agreement [30 min.] Robert J. Scott, Director, Department of Planning Clarence Warnstaff, Director, Department of Public Utilities/Public Works 2. II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber- A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend G. Keith Almond Community United Methodist Church 5:30 PM 6:00 PM 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. 2. INFORMAL & FORMAL SESSIONS CERTIFICATION OF SECRETARY OF THE COMMONWEALTH re receipt of certified Transportation Ordinance in accordance with Code of Virginia, Sec. 15.2-4504 August 10, 1999 G. AGENDA FOR FORMAL SESSION The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. H. I. PUBLIC HEARING 1. LOCAL LA W ENFORCEMENT BLOCK GRANT FUNDS ($274,346) 0 RD IN AN CESIRESO L UTI 0 N 1. Ordinance to AMEND the City Code by ADDING Section 33-18.1 re newsracks and newspaper vending machines on public property. 2. Ordinance to ACCEPT and APPROPRIATE $274,346 in local law enforcement block grant funds from the Federal Bureau of Justice Assistance re reducing crime and improving public safety; TRANSFER $30,483 from the General Fund Reserve for Contingencies as the City's required match; and, estimated revenue from the federal government be increased accordingly. 3. Ordinance to ACCEPT and APPROPRIATE a $52,232 Reimbursement Grant from the State Department of Health, Office of Emergency Medical Services, to the FY 1999-2000 Operating Budget of the Department of Emergency Medical Services re Two-for-Lif~ Program and purchase of defibrillators, other supplies and equipment; and, estimated revenues from the Commonwealth be increased accordingly. 4. Ordinance to authorize the City Manager to TRANSFER $2,760 from the General Fund Reserve for Contingencies to the FY 1999-2000 Operating Budget of the Police Department re reimbursing a police officer for legal fees and expenses incurred by him in his defense of a criminal charge arising out of an act committed in the discharge of his official duties. 5. Ordinance to grant HYPERION COMMUNICATIONS OF VIRGINIA, L.L.C., d/b/a ADELPmA BUSINESS SOLUTIONS, a temporary nonexclusive revocable license to construct, maintain and operate telecommunication facilities in, over, under and across the public ways of the city; and, direct the City Manager to execute such Agreement. 6. Resolution re appointment of Rebecca D. Kubin to the position of Assistant City Attorney effective September 16, 1999. 7. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Action Taxicab Company J. K. L. M. 2. 3. 4. N. PUBLIC HEARING - PLANNING PLANNING BY CONSENT - To be detennined during the Agenda Review Session, 1. Application of THE CITY OF REFUGE CHRISTIAN CHURCH OF VIRGINIA for a Conditional Use Permit for a church (expansion) on the West side of South Independence Boulevard, South of Dahlia Drive (1917 South Independence Boulevard), containing 38,693 square feet (ROSE HALL - DISTRICT 3). Recommendation: APPROV AL 2. Application of MRP DESIGN GROUP for a Conditional Use Permit for an automobile service station in conjunction with a convenience store and automobile repair shop (auto detailing) at the Northeast comer of Holland Road and Lynnhaven Parkway (3282 Holland Road), containing 1.853 acres (PRINCESS ANNE - DISTRICT 7). Recommendation: APPROVAL 3. Application of NORMAN CONSTRUCTION COMPANY, INC., for a Change of Zonini District Classification from R-7.5 Residential District to Conditional 1-1 Light Industrial District on the North side of Baker Road beginning at a point 1300 feet more or less East of Newtown Road, containing 2.696 acres (BA YSIDE - DISTRICT 4). . Staff Recommendation: Planning Comm. Recommendation: DENIAL APPROVAL APPO INTMENTS AGRICULTURAL ADVISORY COMMISSION FRANCIS LAND HOUSE BOARD OF GOVERNORS PARKS AND RECREATION COMMISSION UNFINISHED BUSINESS NEW BUSINESS 1. COUNCIL HOUSE RULES "OUR CODE OF CONDUCT" COUNCIL PROTOCOL "GUIDELINES FOR COUNCIL OPERATIONS" COUNCIL LIAISONS "GUIDELINES" ABSTRACT OF CIVIL CASES RESOLVED - JULY 1999 ADJOURNMENT 08\19\99bap AGENDA \08\24\99 www.virginia-beach.va.us ********** (fyou arc physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFnCE at 417-4303 Hearlnglmpllred, call: TDD only 417-4305 (TDD . Telephonic Device for the Deaf) ......... . MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 24, 1999 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING re CITY EMPLOYEE DENTAL BENEFITS in the Council Conference Room, City Hall Building, on Tuesday, August 24, 1999, at 3:30 P.M. Council Members Present: Linwood O. Branch, IlL Margaret L. Eure, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, and A. M. "Don" Weeks Council Members Absent: Vice Mayor William D. Sessoms, Jr. [ENTERED: 3:35 P.M.] William W. Harrison, Jr. [ENTERED: 3:50 P.M] -2- C I T Y MANA G E R 'S B R IE FIN G CITY EMPLOYEE DENTAL BENEFITS 3:30 P.M. ITEM # 45343 Lynn Sachs, Joint Benefits Coordinator, advised relative Dental Insurance 2000, a Request for Proposals was circulated on March 22, 1999. Proposals were received on April 26, 1999. An RFP Committee was appointed consisting of City and School Employees. Dental Insurance Proposals were received from: Delta Dental Dominion Dental Trigon United Concordia MAMSI There are currently 1,224 City employees and 1,373 school employees (Total 2,597) currently participating in the Indemnity Plan (choose your own dentist). 2,272 City employees and 2,549 school employees (Total 4,821) are enrolled in the Dental Health Maintenance Organization. 1999 ANNUAL COST OF DENTAL PLANS CITY AND SCHOOL DOMINION DENTAL - CURRENT RATES, CURRENT PLANS CITY CITY SCHOOLS SCHOOLS Indemnity DHMO Indemnity DHMO ee only 279.24 150.24 279.40 150.20 ee + child 563.44 250.56 563.40 250.60 ee + spouse 563.44 250.56 563.40 250.60 Family 777.00 362.88 777.00 363.00 Annual Cost 567,065.08 508,885.44 639,107.40 573,825.80 Total Annual 1,075,940.52 1,212,933.20 Cost Combined 2,288,873.72 Annual Cost Annual $ over N/A Current Annual % over N/A Current The Dental Insurance RFP Committee has recommended Dominion Dental to provide the Dental Health Maintenance Organization and Indemnity Plan. There have been several changes in the Dominion Dental DHMO Benefits $5 Office Copayment for Diagnostic and Preventive Services (Cleaning, X-rays and Fluoride Treatments) 7% Increase in Co payments for Services Rendered Decrease in Orthodontia Reimbursement from 50% to 45% (Employee would be responsible for remaining 55%) August 24, 1999 - 3- CITY MANA GER 'S BRIEFING CITY EMPLOYEE DENTAL BENEFITS ITEM # 45343 (Continued) DOMINION DENTAL FINANCIAL CONSIDERATIONS DOMINION DENTAL - PROPOSED RATES, $5 COPAY PLAN City City Schools Schools Indemnity DHMO Indemnity DHMO Enrol/ment 1,224 2,272 1,373 2,549 Annual Cost $ 618,062.76 $ 534,341.16 $ 696,493.92 $ 602,483.50 9% 5% Total Annual Cost $ 1,152,403.92 $ 1,298.977.42 Combined Annual $ 2,451,381.34 Cost Annual $ Over $ 162,507.62 Current Annual % Over Current 7.10% DOMINION DENTAL DHMO RATES 5 Year Rate Guarantee 5% Increase 2000 0% Increase 2001 0% Increase 2002 0% Increase 2003 0% Increase 2004 City and School Rate Parity August 24, 1999 -4- CITY MANA GER 'S BRIEFING FERRELL PARKWAY VI - DEVELOPMENT PARTICIPATION AGREEMENT 3:42 P.M. ITEM # 45344 Robert J. Scott, Director of Planning, distributed copies of the Cost Participation Agreement/Portion of Ferrell Parkway - Phase VI. Said information is hereby made a part of the record. Mr. Scott advised this is now entitled a "Development Participation Agreement", as it goes beyond the issue of cost. The staff outlined to the developer fourteen items regarding development of this property. The applicant has concurred. The applicant will submit in advance a site plan governing the entire development and a landscape plan for the interior and perimeter of the property with particular attention to parking (which is a major concern). The applicant has agreed to a particular architectural design and will commit to a series of requirements related to the building materials utilized with color control. The Planning Director will review before the applicant proceeds. Dumpsters will be screened and there will be landscaping around mechanical equipment. Signs will be monument-style and limited in height. Certain inappropriate uses, which are allowed by right, will be excluded. The applicant will control the location of drive thru 's on the out parcels. There will be a pedestrian and bicycle circulation element within the shopping center parking lot. The applicant has agreed to exterior lighting controls and a landscape berm around the perimeter of the property which will compliment the improvements to Ferrell Parkway and Upton Drive. The applicant will commit to similar controls on other B-2 property developed. There is a substantial strip of land now zoned B-2, which the Staffbelieves, because of the configuration, isjust not appropriate to B-2. The developer has agreed to apply for downzoning on this particular piece of property, which the Council would find more appropriate. The applicant has agreed to a heavily landscaped entrance feature that would mark the entry into the property. Clarence WarnstafJ, Director - Department of Public Utilities/Public Works, reviewed the agreement. The purposes of the improvements are to enhance the City's roadway network and thereby improve the service to our citizens. The agreement presents the City an opportunity to have the developer dedicate the right-of- way, design and build a portion of the Ferrell Parkway right-of-way, as well as the extension of Upton Drive, which offers significant cost savings. The road network identified in the agreement would support not only the proposed development, but would also provide a connection for the Red Mill Farms and the Fox Chase subdivisions to General Booth Boulevard. The City believes these road improvements enhance the roadway network in this area and are in conformance with the City's Master Transportation Plan. The amount of the right-of-way which the City does not own, and would be dedicated as part of the agreement, includes 8,500 feet of right-of-way, 110 feet in width. The City has requested and worked with the developer and now included an additional 1800 feet of right-of-way, which was not included in the original discussion. The City wished to be in a possession of all the right-of-way from General Booth to Sandbridge for the Ferrell Parkway project. . This right-of-way has been valued at approximately $1.9- MILLION. The City saw an opportunity to reduce the City's costs for these roadway improvements leveraging public funds with private funds. It is estimated that the total CIP costs for an equivalent project to be undertaken solely by the City would cost approximately $12.7-MILLION. The City's cost identified as part of the proposed Development Agreement would be $2.9-MILLION, representing a savings to the City of $9.8- MILLION. Recognizing there is a proposed development activity, the savings would be more in line between $2.7 and $4-MILLION. If the City were not to embark upon these improvements at this time, as this is a 6-year program, it would be 6 years before additional programs could be added. These improvements would lessen the traffic congestion existing between Princess Anne Road and General Booth Boulevard and also Princess Anne Road and Sandbridge Road intersections. The improvements provide an alternate means for traffic other than General Booth. There are certain water and sewer lines existing today in this alignment. These would have to be relocated to Upton Drive. In the City's review of the files, it was found that the City had made an apparent commitment to relocating these water and sewer lines back in 1985. Regardless, of whether City Council authorizes the Development Agreement at some future time when this area is developed, the issue of relocating the water and sewer lines must be addressed. The cost would entail approximately $350,000. These funds would be derived from the Water and Sewer Enterprise Fund, but not from the City's General Fund. August 24, 1999 -5- CITY MANA GER 'S BRIEFING FERRELL PARKWAY VI - DEVELOPMENT PARTICIPATION AGREEMENT ITEM # 45344 (Continued) OUTLINE OF ROAD IMPROVEMENTS Ferrell Parkway Four-lane divided controlled access roadway with scenic buffer and bike path. Extendfrom General Booth Boulevard to 50' east of the Upton Drive Intersection Intersection with Upton Drive shall include a free-flow right-turn lane from Ferrell Parkway onto Upton Drive south. Upton Drive Four-lane undivided roadway between Ferrell Parkway and Warner Hall Drive Two-lane extension between Warner Hall Drive and existingfour-lane roadway Four-lane divided controlled access roadway with scenic buffer and bike path between Ferrell Parkway and Princess Anne Road/Sandbridge Road Intersection with Princess Anne Road/Sandbridge Road shall include a free-jlow right-turn lane onto Upton Drive north. Traffic Signals Princess Anne Road/Sandbridge Road and Upton Drive intersection Ferrell Parkway and Upton Drive intersection Ferrell Parkway and General Booth Boulevard intersection Shopping center entrance on Ferrell Parkway between Newstead Drive and Upton Drive Landscaping Ferrell Parkway and Upton Drive sections will include landscaping as required by City specifications Modification The requirements for signalization and turn lanes shall be subject to modification in accordance with the approved plans. Council Lady Eure introduced Eric Anderson, the developer, President of Lakeside Construction and expressed appreciation for his cooperation. Mayor Oberndorf requested the City Attorney assist the City Departments relative intention of the agreement. August 24, 1999 - 6- AGENDA RE VIE W SESSION 4:18 P.M. ITEM # 45345 1.1. Ordinance to AMEND the City Code by ADDING Section 33- 18.1 re newsracks and newspaper vending machines on public property. This item will be discussed during the Formal Session. ITEM # 45346 1.3. Ordinance to ACCEPT and APPROPRIATE a $52,232 Reimbursement Grant from the State Department of Health, Office of Emergency Medical Services, to the FY 1999-2000 Operating Budget of the Department of Emergency Medical Services re Two-for-Life Program and purchase of defibrillators, other supplies and equipment; and, estimated revenues from the Commonwealth be increased accordingly. Council Lady Henley inquired relative the amount the amount returned to the locality. The Two-for-Life program collects two additional dollars on each state automobile license purchased annually. The City Manager shall provide information. ITEM # 45347 /.4. Ordinance to authorize the City Manager to TRANSFER $2,760 from the General Fund Reserve for Contingencies to the FY 1999-2000 Operating Budget of the Police Department re reimbursing a police officer for legal fees and expenses incurred by him in his defense of a criminal charge arising out of an act committed in the discharge of his official duties The City Attorney advised Council Lady Eure that the City cannot defend the police officer against a criminal charge, as they prosecute Criminal charges. The officer must hire outside counsel to represent him. ITEM # 45348 1.5. Ordinance to grant HYPERION COMMUNICATIONS OF VIRGINIA, L.L.c., d/b/a ADELPHIA BUSINESS SOLUTIONS, a temporary nonexclusive revocable license to construct, maintain and operate telecommunication facilities in, over, under and across the public ways of the city; and, direct the City Manager to execute such Agreement. Council Lady Parker expressed concern relative the overhead areas. The City Manager advised this will probably be the last cable permitted in those existing overhead facilities. An additional facility would require another pole. Council Lady McClanan advised she will vote NA Y on this item. August 24, 1999 - 7- AGENDA RE VIE W SESSION ITEM # 45349 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: 0 RD INAN CESIRESO L UTIO N I2. Ordinance to ACCEPT and APPROPRIATE $274,346 in local law enforcement block grant funds from the Federal Bureau of Justice Assistance re reducing crime and improving public safety; TRANSFER $30,483 from the General Fund Reserve for Contingencies as the City's required match; and, estimated revenue from the federal government be increased accordingly. I3. Ordinance to ACCEPT and APPROPRIATE a $52,232 Reimbursement Grant from the State Department of Health, Office of Emergency Medical Services, to the FY 1999-2000 Operating Budget of the Department of Emergency Medical Services re Two-for-Life Program and purchase of defibrillators, other supplies and equipment; and, estimated revenues from the Commonwealth be increased accordingly. I4. Ordinance to authorize the City Manager to TRANSFER $2,760 from the General Fund Reserve for Contingencies to the FY 1999-2000 Operating Budget of the Police Department re reimbursing a police officer for legal fees and expenses incurred by him in his defense of a criminal charge arising out of an act committed in the discharge of his official duties I5. Ordinance to grant HYPERION COMMUNICATIONS OF VIRGINIA, L.L.c., d/b/a ADELPHIA BUSINESS SOLUTIONS, a temporary nonexclusive revocable license to construct, maintain and operate telecommunication facilities in, over, under and across the public ways of the city; and, direct the City Manager to execute such Agreement. I6. Resolution re appointment of Rebecca D. Kubin to the position of Assistant City Attorney effective September 16, 1999. I7. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Action Taxicab Company August 24, 1999 -8- AGENDA REVIEW SESSION ITEM # 45350 J.1. Application of THE CITY OF REFUGE CHRISTIAN CHURCH OF VIRGINIA for a Conditional Use Permit for a church (expansion) on the West side of South Independence Boulevard, South of Dahlia Drive (1917 South Independence Boulevard), containing 38,693 square feet (ROSE HALL - DISTRICT 3). Council Lady Eure inquired relative a condition concerning a written parking agreement with the adjoining daycare facility that must be submitted and filed with the Planning Department before occupying the unit. Karen Laslie, Planning Department, advised the condition was deleted at the request of the applicant. The applicant has this agreement with the Daycare Center, but did not want it to be attached as a formal condition to the use permit. Mrs. Laslie believes when the applicant goes before the Board of Zoning Appeals for a Variance this will be an issue. ITEM # 45351 J.2. Application of MRP DESIGN GROUP for a Conditional Use Permit for an automobile service station in coniunction with a convenience store and automobile repair shop (auto detailinfâ at the Northeast comer of Holland Road and Lynnhaven Parkway (3282 Holland Road), containing 1.853 acres (PRINCESSANNE - DISTRICT 7). Council Lady Henley requested a presentation, as the applicant has submitted a new revised design plan today. Another entrance has been added to serve the Children's World. Conditions need to be revised. Council Lady Henley expressed concern relative the size of the flags and the sign be monument-style. ITEM # 45352 J.3. Application of NORMAN CONSTR UCTION COMPANY, INc., for a Chan~e of Zoniml District Classification from R-7.5 Residential District to Conditional I-I LÍ$zht Industrial District on the North side of Baker Road beginning at a point 1300 feet more or less East of Newtown Road, containing 2.696 acres (BAYSIDE - DISTRICT 4). Councilman Jones advised this will be discussed during the Formal Session. Councilman Jones was concerned why Planning staff had such a different opinion. Councilman Branch had indicated concerns to Councilman Jones that this was a wooded area of which there are not too many in this particular area. There are open space acquisition funds available in the budget and the City needs to be pro-active in these areas of the City before they become completely asphalted and blacktopped over. The City should examine the recreational/park opportunities and open space . Councilman Heischober said the evaluation by staffwas completely negative. Robert J. Scott, Director of Planning, advised if the City is not careful now funds will be expended within the next couple of decades on these neighborhoods. The time to act is now. Land uses of a questionable nature located beside neighborhoods can encourage faster deterioration. The staff considered this use not to be in favor for the long term health of this neighborhood.. August 24, 1999 -9- A GENDA REVIEW SESSION ITEM # 45353 BY CONSENSUS, the following item shall be considered part of the CONSENT AGENDA with 0 RD INANCESIRESOL UTIONS.: J.1. Application of THE CITY OF REFUGE CHRISTIAN CHURCH OF VIRGINIA for a Conditional Use Permit for a church (expansion) on the West side of South Independence Boulevard, South of Dahlia Drive (1917 South Independence Boulevard), containing 38,693 square feet (ROSE HALL - DISTRICT 3). ITEM # 45354 Mayor Oberndorfreferenced the items under NEW BUSINESS and Council Lady Eure's correspondence of concern: COUNCIL HOUSE RULES "OUR CODE OF CONDUCT" - COUNCIL PROTOCOL "GUIDELINES FOR COUNCIL OPERATIONS" COUNCIL LIAISONS "GUIDELINES". Mayor Oberndorfsuggested this item be SCHEDULED for the Workshop Session of September 21, 1999. Mrs. Eure referenced her correspondence of August 20, 1999. Council House Rules: The topic "Keep Council Informed" should be placed under Council Liaisons: Guidelines. The Rules - TreatEach Other with Respect, Respect each other's Opinion and Point of View and Treat Everybody Equally should be deleted. Relative the fourth rule: Allow Time to Discuss Issues - It should be understood that the Mayor sets the agenda and the responsibility should be assumed by Members of Council to request the Mayor to place a matter on the agenda and the approximate time that it may require. This is rather a "mute" point. Relative the rule "Closed Session Discussions Stay in Closed Sessions", more appropriate language would be: ttClosed Sessions are Confidential and shall not be repeated. " Council Protocol: Under Closed Session Confidentiality, following the words "Closed Session discussions" restate the sentence to read: "Closed Session discussions ðl e t{j :ita)' in Cffl:Je.tJ &ssiøn are confidential and shall not be repeated. " Under City Council Requests, utilize the term" contact " instead of "go to" as in "Legal Requests gø---ffl contact the City Attorney". Under False or Inaccurate Information Item 1. "The Mayor and City Council are responsible for holding each other accountable for false or inaccurate information; and, are encouraged to correct the error committed as soon as possible" should be restated "If an egregious error is perceived on the part of a Council member, it shall be heard in a Closed Session, and a determination made whether the error should be made part of the public agenda". Under Zoning Matters, the word "could" should be deleted and the word "may" inserted as ttThe Council MemberetntltJ mav meet with developers after Planning Commission has met and made their recommendation". Council Liaisons: There should be a clear definition of Lead Negotiator, apart from Liaisons. Define authority, responsibility to staff/Council, reporting to Council, as appropriate or if requested by Council, etc. BY CONSENSUS, this item will be voted upon during the FORMAL SESSION. August 24, 1999 -10 - ITEM # 45355 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, August 24, 1999, at 4:45 P.M. Council Members Present: Linwood O. Branch, IlL 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, Vice Mayor William D. Sessoms, Jr. and A. M "Don" Weeks Council Members Absent: None August 24, 1999 -11 - ITEM # 45356 Mayor Meyera E. Oberndorf, entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344( A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATI'ERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To Wit: Boards and Commissions: Agricultural Advisory Commission Francis Land House Board of Governors Parks and Recreation Commission PUBLICLY-HELD PROPERTY: Discussion or consideration of the acquisition, or of the disposition of publicly-held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.1-344(A)(3). To- Wit: Acquisition of Property Disposition (two parcels) - Beach District Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council voted to proceed into CLOSED SESSION. Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, IlL 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, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None August 24, 1999 -12 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL August 24, 1999 6:20 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, August 24, 1999, at 6:20 P.M. Council Members Present: Linwood O. Branch, III, Margaret 1. Eure, William 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 A. M. "Don" Weeks Council Members Absent: None INVOCATION: Reverend G. Keith Almond Community United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Wachovia Bank, disclosed there were no matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer ofWachovia Bank. The Vice Mayor regularly makes this Disclosure as he may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of January 4, 1999, is hereby made a part of the record. August 24, 1999 -13 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 45357 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, IlL Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Nancy K. Parker August 24, 1999 iReønlutinu 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 # 45356, Page 11, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ~ ~~ R Hodges ~ CMCI AAE City Clerk August 24, 1999 -14 - Item V-F.1 MINUTES ITEM # 45358 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Eure, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of August 10, 1999. Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Nancy K. Parker August 24, 1999 - 15 - Item V-F.2. MINUTES ITEM # 45359 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Eure, City Council entered into the Official Record of the Minutes of August 24, 1999: CERTIFICATION OF SECRETARY OF THE COMMONWEALTH re receipt of certified Transportation Ordinance in accordance with Code of Virginia, Sec. 15.2-4504 Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, IlL Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Nancy K. Parker August 24, 1999 (¡) COMMONWEALTH of VIRGINIA Office of the Governor Anne P. Petera Secretary of the Commonwealth James S. Gilmore. III Governor August 4, 1999 Ruth Hodges Smith, City Clerk City of Virginia Beach, Virginia Pursuant to the Code of Virgil1ia, § 1 5.2-4504 ofthe Transportation District Act of 1964, the Office ofthe Secretary of the Commonwealth is in receipt of the certified copies of ordinances from the cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Suffolk, and Virginia Beach, creating the Transportation District of Hampton Roads. In accordance with § 15.2-4504, I hereby certify that the ordinances required by Chapter 45 of Title 15.2 have been filed. Based upon the facts set forth in the ordinances, all require- ments of § 15.2-4504 have been satisfied. Given under my hand and under the Seal of the Commonwealth of Virginia, this fourth day of August, 1999. ~ c;y, ø~ Secretary of the Commonwealth P.O. Box 2454 . Richmond, Virginia 23218-2454 . (804) 786-2441 . TOO (804) 371-8599 . www.soc.state.va.us -16 - Item V-G.1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 45360 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION August 24, 1999 -17 - Item V-G.2. INTRODUCED ITEM # 45361 Mayor Oberndorf recognized the following Boy Scout Troop in attendance to earn their merit badges comm unicatio ns/citizenship: BOY SCOUT TROOP 445 David Edmonson Scout Maser Christian Church United August 24, 1999 - 18- Item V-G.2. PRESENTATION ITEM # 45362 Mayor Oberndorfrecognized Nancy Creech, Virginia Beach Neptune Festival, who INTRODUCED John A. B. "Andy" Davies, Jr., Chairman of the 1999 Neptune Festival. who PRESENTED: KING NEPTUNE XXVI The Honorable David Huntington Adams Federal Court Judge TRITONS Tom Barton III Vice President - Beach Ford/Barton Ford Lincoln Mercury Gerald Divaris President & CEO - Divaris Real Estate, Inc. (unable to attend) Palmer Farley Chairman of the Board & CEO - Barker Campbell Farley & Mansfield Bill Hearst Foundation Administrator - Lee & Helen Gifford Foundation Art Monroe Vice President - Monroe Mortgage, Inc. Dave Sparks Vice President - Bay Mechanical, Inc. PRINCESSES Melissa Bradby Christina Boubas Brianne Carter Lesley Darrow Amy Hammaker Amanda Logsdon Colleen Naughton Lindsay Russek Mandi Warren King Neptune and his court presented gifts to the Mayor and City Council Members. King Neptune expressed appreciation to the City Manager for the tremendous support from the City with the host of volunteers. The City Manager's wife, Joan Spore, is in charge of the Neptune Grand Ball. August 24, 1999 -19 - Item V-H.I. PUBLIC HEARING ITEM # 45363 Mayor Obemdorf DECLARED A PUBLIC HEARING: LOCAL LA W ENFORCEMENT BLOCK GRANT FUNDS ($274,346) There being no speakers, Mayor ObemdorfCLOSED THE PUBLIC HEARING. August 24, 1999 - 20- Item V-I 0 RDINANCESIRESO L UTI 0 NS ITEM # 45364 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED IN ONE MOTION, Resolutions 1 and Ordinances 2,3,4,5 and 7 of the CONSENT AGENDA and Item J.1. of PLANNING. Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, IlL 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, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None Council Lady McClanan voted a VERBAL NA Y on Item #5 August 24, 1999 - 21 - Item V-Ll. OR» INANCES/RESOL UTI 0 NS ITEM # 45365 The following spoke in SUPPORT of the Ordinance: Marian Saunders, 3797 Lake Tahoe Trail, Phone: 471-6290, Chair - Mayor's Committee on Persons with Disabilities Ken Jessup, 624 Sea Oats Way, Phone: 425-5275,former Chair - Mayor's Committee on Persons with Disabilities. Upon motion by Council Lady Parker, seconded by Councilman Branch, City Council ADOPTED: Ordinance to AMEND the City Code by ADDING Section 33-18.1 re newsracks and newspaper vending machines on public property. Voting: 10-0 Council Members Voting Aye: Linwood 0. Branch, III, Margaret L. Eure, 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 Abstaining: William W. Harrison, Jr. Council Members Absent: None Councilman Harrison ABSTAINED as his law firm represents Landmark Communications, which owns The Virginian-Pilot, which has indicated interest in this issue adverse to the motion. August 24, 1999 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Requested by the Honorable Meyera E. Oberndorf, Mayor AN ORDINANCE TO AMEND THE CITY CODE BY ADDING A NEW SECTION 33-18.1 PERTAINING TO NEWSRACKS AND NEWSPAPER VENDING MACHINES ON PUBLIC PROPERTY 8 SECTION ADDED: § 33-18.1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a new Section 33-18.1 is hereby added to the City Code to read as follows: Sec. 33 -18 . 1 Newsracks on public property. ill For purposes of this section. the followinq words and phrases shall be construed as follows: City manaaer shall mean the city manager or such other employee of the city as may be desiqnated by the city manaqer to perform the duties prescribed in this section. Distributor shall mean the person. firm, corporation or other entity responsible for placinq or maintaininq a newsrack in a public riqht-of-way. Newsrack or newspaper vendina machine shall mean any self-service or coin-operated box. container. storaqe unit or other dispenser installed. used or maintained for the display or sale of newspapers or other publications. lhl. The City of Virqinia Beach hereby finds and declares: 11l That the uncontrolled placement of newsracks and newspaper vendinq machines at siqnaled pedestrian crosswalks and next to utility poles containinq 30 pedestrian crossinq buttons interferes with the 31 riqhts of disabled. bl ind or visually impaired 32 persons under the 1990 Americans With Disabilities 33 Act (42 U.S.C.A. § 1201 et sea.) and the Virqinia 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 Ql Riqhts of Persons With Disabilities Act (Va. Code Ann. § 51.5-40 throuqh § 51.5-46) to the full and free use of the public streets and hiqhways; and That the benefits of requlatinq the placement of news racks and vending machines at newspaper siqnaled pedestrian crosswalks and next to utility poles containinq pedestrian crossinq buttons outweiqh the potential impact which may result from such requlation. lçl Any newsrack or newspaper vendinq machine which, in whole or in part, is located upon or over any public sidewalk, street or other portion of public riqht-of-wav shall be located in a accordance with the followinq provisions: ..ill. nl No newsrack or newspaper vendinq machine shall be chained, bolted otherwise attached any to or utility pole containinq pedestrian crossinq a button or crosswalk bar, or to any other fixture located within five (5 ) of signaled feet any pedestrian crosswalk. No newsrack vendinq machine or or newspaper groupinq of news racks or newspaper vendinq machines shall be placed, installed, used or maintained: J.il Within five (5) feet of the curb-cut ramp of any siqnaled pedestrian crosswalk; or J..ill.. Within three (3) feet of any utility pole containinq a pedestrian crossing button. 19l.. Anv newsrack or newspaper vending machine which, in whole or in part, is located upon or over any public riqht-of-way shall 2 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 display, in a conspicuous location, the name of the distributor and an address where the distributor can be contacted. kl Any news rack or newspaper vending machine which has been installed, used or maintained in violation of the provisions of this section shall be removed by the city manaqer and stored in temporary custody subiect to the notice requirements of subsection (f) of this section. Additionally, the distributor of any newsrack or newspaper vendinq machine removed and stored pursuant to this subsection may be charqed a reasonable fee for such removal and storaqe. III Upon a determination by the city manaqer that a newsrack or newspaper vendinq machine has been installed, used or maintained in violation of the provisions of this section, a notice to correct the violation shall be issued to the distributor. Such notice shall be deemed to constitute sufficient notice of a violation if it is properly addressed and mailed to the distributor by certified mail, return receipt requested, at the address set forth on the newsrack vendinq machine. The notice shall or newspaper specificallY describe the violation and set forth the action(s) necessary to correct the violation. The notice shall also specify that failure correct the violation within (7 ) days seven to followinq the date of mailinq of the notice will result in the removal of the news rack or newspaper vendinq machine by the city manaqer and its storaqe in temporary custody. The notice shall advise the distributor as to the location of the newsrack or newspaper vendinq machine and the procedure for claiminq same. 19l Notwithstandinq the provisions of subsection (f), if any newsrack or newspaper vendinq machine (i) has been installed, used or maintained in violation of the provisions of this section and 3 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 (ii) does not display the name and address of the distributor, notice of violation shall be sufficient bv ~osting such notice on the newsrack or newspaper vendinq machine. Failure to correct the violation within seven (7) days followinq the date of posting will result in removal and storaqe of the newsrack or newspaper vendinq machine as set forth in subsection (e) of this section. lhl Anv distributor, person. or other entity who claims to be aqqrieved bv a findinq, determination, notice or action taken under the provisions of this section may appeal to the city manager. An appeal shall be perfected within three (3) days after receipt of a notice of violation or other action bv filinq with the office of the city manaqer a letter of appeal statinq the basis for such appeal. The city manaqer shall schedule a hearinq of such appeal on a date not later than ten (10) days after the filinq of the appeal; provided, however, that such hearinq may, at the discretion of the city manaqer, be rescheduled for qood cause shown. The city manaqer shall take no action durinq the ~endencv of an appeal. Failure to correct a violation of this section within seven (7 ) days followinq (i}the expiration of the time for noting an apgeal or (ii) the denial of an appeal, shall result in the removal and storaqe of the newsrack or newspaper vendinq machine. l.il. newsrack vendinq machine removed Anv or newspaper pursuant to this section must be claimed bv the distributor within thirty (30) days of such removal. If the distributor fails to claim the news rack or newspaper vendinq machine or refuses to pay storaqe costs, the city manaqer may dispose of same. Anv proceeds or monies, if any, from the disposal of a newsrack or newspaper vendinq machine shall be forwarded to the ci tv treasurer for deposit into the qeneral fund of the city. 4 120 121 122 123 124 125 126 127 128 129 130 131 .ill.. If any provision of this section is for any reason held to be invalid or unconstitutional by the decision of any court of competent lurisdiction, such decision shall not affect the validity of the remaininq provisions of this section. This section shall become effective September 1, 1999. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 24th day of August, 1999. CA-7375 DATA/ORDIN/NONCODE/33-018-1.0RD R11 July 30, 1999 5 - 22- Item V-I.2. ORD INANCES/RESOL UTI 0 NS/ ITEM # 45366 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $274,346 in local law enforcement block grant funds from the Federal Bureau of Justice Assistance re reducing crime and improving public safety; TRANSFER $30,483 from the General Fund Reserve for Contingencies as the City's required match; and, estimated revenue from the federal government be increased accordingly. Voting: 11-0 (By Consent) Council Members Voting Aye: Linwood 0. Branch, IIL 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, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None August 24, 1999 1 2 3 4 5 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $274,346 GRANT FROM THE FEDERAL BUREAU OF JUSTICE ASSISTANCE FOR VARIOUS LAW ENFORCEMENT PURPOSES AND TO TRANSFER $30,483 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES FOR GRANT MATCHES AS THE CITY'S REQUIRED MATCH 7 the City has been awarded Local Law WHEREAS, a 8 Enforcement Block Grant in the amount of $274,346 from the Federal 9 Bureau of Justice Assistance to reduce crime and improve public safety; WHEREAS, the conditions of the grant require the City to provide a cash match in the amount of $30,483; and WHEREAS, it is proposed that the funds used to be purchase the following items: (a) a computer for the Magistrate's Office; (b) skid training equipment to enhance vehicle training for police officers; (c) conferencing equipment 1 ink the Police video to Investigative Division police precincts and the with the Commonwealth's Attorney's Office; (d) a street facade to enhance the training of personnel in the Pol ice, Emergency Medical Services, and Sheriff's Firel departments in realistic scenarios; (e) equipment Office Community for the of computer Corrections; and (f) bullet-proof vests for Sheriff's deputies; and WHEREAS, a public hearing on the proposed uses of this funding has been advertised and conducted. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 1. That a $274,346 grant is hereby accepted from the Federal Bureau of Justice Assistance and appropriated to the FY 1999-00 Operating Budget, and $30,483 is hereby transferred from the General Fund Reserve for Contingencies for Grant Matches, to be expended as follows: (a) $2,800 to the Magistrate's Office for a personal computer; (b) $40,000 to the Police Department to purchase a skid training system; (c) $31,000 to the Police Department to purchase video conferencing equipment; (d) $122,529 to the Police Department to create a street facade for a realistic environment to train police officers and other public safety employees; (e) $10,500 to the Office of Community Corrections for computer upgrade; and (f) to the Sheriff's Department to purchase $98,000 bullet-proof vests for deputies. 2. That estimated revenue from the federal government is hereby increased by $274,346. Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th , 1999. August of Requires an affirmative vote by a majority of the members of City Council. CA-7466 F:\Data\ATY\Ordin\NONCODE\ca-7466.ord August 16, 1999 R-2 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 62 ~ 63 64 s - 23- Item V-I.3. 0 RDINANCES/RESO L UTI 0 NSI ITEM # 45367 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to ACCEPT andAPPROPRIATE a $52,232 Reimbursement Grantfrom the State Department of Health, Office of Emergency Medical Services, to the FY 1999-2000 Operating Budget of the Department of Emergency Medical Services re Two-for-Life Program and purchase of defibrillators, other supplies and equipment; and, estimated revenues from the Commonwealth be increased accordingly Voting: 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, IlL 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, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None August 24, 1999 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 AN ORDINANCE TO ACCEPT AND APPROPRIATE A REIMBURSEMENT GRANT IN THE AMOUNT OF $52,232 FROM THE STATE DEPARTMENT OF HEALTH, OFFICE OF EMERGENCY MEDICAL SERVICES, TO THE FY 1999-00 OPERATING BUDGET OF THE DEPARTMENT OF EMERGENCY MEDICAL SERVICES FOR THE PURCHASE OF DEFIBRILLATORS AND OTHER SUPPLIES WHEREAS, the General Assembly has established the Two- for-Life Program, which collects two additional dollars on the purchase of each state automobile license to provide financial assistance to volunteer rescue squads¡ WHEREAS, the of Health, Office of State Department Emergency Medical Services, has awarded the City's Department of Emergency Services a matching reimbursement grant in the amount of $52,232 to purchase defibrillators and other supplies for the City's volunteer rescue squads¡ and WHEREAS, the Department of Emergency Medical Services has sufficient funds appropriated in the FY 1999-00 Budget to provide the required match. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That a matching reimbursement grant in the amount of $52,232 is hereby accepted from the State Department of Health, Office Emergency Medical and appropriated to the of Services FY 1999-00 Operating Budget of the Virginia Beach Department of Emergency Medical Services to purchase defibrillators and other supplies and equipment. 2. That estimated revenues from the Commonwealth in the FY 1999-00 Operating Budget are hereby increased by $52,232. Adopted the Virginia Beach, Council of the City of by Virginia, on the 24th day of August , 1999. 36 APPROVED AS TO CONTENT APPROVED AS TO LEGAL ;~ V1!: c.C~a~~ '~~a~' (j~ 40 Department of Management SerV1ces 41 42 43 44 45 CA-7465 F:\Data\ATY\Ordin\NONCODE\ems2flg.wpd August 16, 1999 R2 ,.- - GARY R BROWN DIRECTOR CO MM 0 NWEAL TH of VIRGINIA Department of Health Office of Emergency Medical Services July 1, 1999 1538 East Parham Road Richmond. Virginia 23228 1-800-523-6019 (Va. only) 804-371-3500 Fax: 804-371-3543 Edward M Brazle City of Virginia Beach Dept of EMS 1917 Arctic Avenue Va Beach, VA 23451 tJ., Dear Gran~imstrator: It is my pleasure to announce that your agency has been awarded funding from The Office of Emergency Medical Services' (OEMS) Grant Program. The Program currently includes funding through the Rescue Squad Assistance Fund, Recruitment & Retention Fund and the ALS Training Fund. Please refer to the enclosed Award Page for the actual item(s) awarded funding and their value. A ward information and reporting forms are also enclosed and include instructions on grant acceptance, submitting for reimbursement, grant extensions, grant modifications and grant fmal reporting. The Agreement for Services form must be completed and returned no later than 60 days from the date of this letter. Please note that if your award includes funds for providing ALS training courses/classes, the enclosed ALS Training Funds Reimbursement Request Form must be completed and all appropriate documentation attached. A checklist is provided for your convenience. It is required that all grantees comply with the conditions as listed on the Award Page when purchasing any equipment or making any obligations for training. Non-compliance may result in the grantee not being reimbursed for awarded item(s). Furthermore, any purchases, agreement to purchase and/or any formal conuninnent of funds prior to July I, 1999 will result in the award being revoked. Please remember that grant funding is provided to reimburse the grantee for awarded item(s) during the July 1, 1999 - June 30, 2000 grant period only. It would be in your agency's best interest to purchase awarded item(s) by December 31, 1999 for the best price advantage, but no later than June 30, 2000. In order to provide the best possible customer service, please provide the grant number, as listed on the Award Page, with any correspondence submitted to .OEMS. Grantees are encouraged to contact Judith Link, Grants Specialist or Carol S. Morrow, OEMS Grant Program Manager at (804) 371-3500 or 1-800-523-6019, with any questions you may have. .- cr:~;~ f:¡¡" Brown Director Enclosures VDH= ...... ... - Maw 6111 J www.vdh.8t8te.V8.U8 Office of Emergency Medical Services Consolidated Grant Program AWARD PAGE July 1, 1999 - June 30, 2000 Grant Period Agency Name: CITY OF VA BEACH DEPT OF EMS Grant Number: TI-C07/06-99 Quantity Funding Amount Items Requested Status Funded % Level Funded G MONITOR/DEFIB/AED FUNDED 11 50 $44,000.00 G MONITOR/DEFIB/AED NOT FUNDED 80 G ALS INFANT TRAINING MANIKIN FUNDED 2 50 $1,012.00 \ G SPEAKER FEES FUNDED 1 50 $1,000.00 T Paramedic Required Topics Course: FUNDED 1 100 $3,840.00 VIRGINIA BEACH Conditions: Must satisfy all ALS Course Requirements, and are subject to audit by OEMS. T EMT to Cardiac Course: VIRGINIA BEACH FUNDED 1 100 $2,380.00 Conditions: Must satisfy all ALS Course Requirements, and are subject to audit by OEMS. $52,232.00 . .. G - Rescue Squad Assistance Fund R - Recruitment and Retention T - ALS Training Fund - 24- Item V-L4. 0 RD INANCES/RESO L UTI 0 NS ITEM # 45368 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize the City Manager to TRANSFER $2,760 from the General Fund Reserve for Contingencies to the FY 1999-2000 Operating Budget of the Police Department re reimbursing a police officer for legal fees and expenses incurred by him in his defense of a criminal charge arising out of an act committed in the discharge of his official duties. Voting: 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III. Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None August 24, 1999 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO TRANSFER FUNDS IN THE AMOUNT OF $2,760 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO THE POLICE DEPARTMENT'S FY 1999-2000 OPERATING BUDGET FOR THE PURPOSE OF REIMBURSING A POLICE OFFICER FOR LEGAL FEES AND EXPENSES INCURRED BY HIM IN HI S DEFENSE OF A CRIMINAL CHARGE ARISING OUT OF AN ACT COMMITTED IN THE DISCHARGE OF HIS OFFICIAL DUTIES WHEREAS, officer with Virginia Beach Police an the Department was charged with assault for an act committed in the discharge of his official duties; WHEREAS, the charge was tried before the Virginia Beach General District Court on June 21, 1999, and was dismissed at the conclusion of the trial; WHEREAS, in his defense of said charge, the officer incurred legal fees and expenses in the amount of $2,760; WHEREAS, the officer has requested the City to reimburse him for such fees and expenses; WHEREAS, § 15.2-1711 of the Code of Virginia provides that" [i] f any law-enforcement officer is investigated, arrested or indicted or otherwise prosecuted on any criminal charge arising out of any act committed in the discharge of his official duties, and no charges are brought, the charge is subsequently dismissed or upon trial he is found not guilty, the governing body of the locality wherein he is appointed may reimburse such officer for reasonable legal fees and expenses incurred by him in defense of such investigation or charge"; WHEREAS, the City Attorney's Office has reviewed the circumstances of the case, assessed the itemized bill submitted by the officer's legal counsel, and determined that the legal fees and expenses incurred by the officer are reasonable. 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to transfer funds in the amount of $2,760 from the General Fund Reserve for Contingencies to the Police Department's FY 1999-2000 Operating Budget for the purpose of reimbursing a police officer for legal fees and expenses incurred by him in his defense of a criminal charge arising out of an act committed in the discharge of his official duties. Adopted by the Council of the City of virginia Beach, Virginia, on the 24th , 1999. day of August CA-7463 ORDIN\NONCODE\FEES2.0RD R-4 August 10, 1999 APPROVED AS TO CONTENT: w~ c.. ~. ~ LC;C!- Management Services APPROVED AS TO LEGAL SUFFICIENCY: ~~ ~artment of Law 2 - 25- Item V-I.5. 0 RD INANCES/RESO L UTIONS ITEM # 45369 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to grant HYPERION COMMUNICATIONS OF VIRGINIA, L.L.c., d/b/a ADELPHIA BUSINESS SOLUTIONS, a temporary nonexclusive revocable license to construct, maintain and operate telecommunication facilities in, over, under and across the public ways of the city; and, direct the City Manager to execute such Agreement. Voting: 10-1 (By Consent) Council Members Voting Aye: Linwood O. Branch, IlL Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: Reba S. McClanan Council Members Absent: None August 24, 1999 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 AN ORDINANCE GRANTING TO HYPERION COMMUNICATIONS OF VIRGINIA, L.L.C., D/B/A ADELPHIA BUSINESS SOLUTIONS, A TEMPORARY NONEXCLUSIVE REVOCABLE LICENSE TO CONSTRUCT, MAINTAIN AND OPERATE TELECOMMUNICATIONS FACILITIES IN, OVER, UNDER AND ACROSS THE PUBLIC WAYS OF THE CITY WHEREAS, Hyperion Communications of Virginia, L.L.C. , d/b/a/ Adelphia Business solutions (hereinafter "Hyperion") is a telecommunications carrier, defined in Section of the 3 as Communications Act of 1934, as amended (47 U.S.C. § 153); and WHEREAS, Hyperion desires to provide telecommunications service within the City; and WHEREAS, the City is in the process of developing a telecommunications regulatory ordinance and franchise agreement governing the use of public ways by telecommunications carriers; and WHEREAS, Hyperion desires to commence the construction of its telecommunications system prior to the time it could obtain a franchise from the City, and is agreeable to entering into a temporary and revocable license agreement pending adoption by the City Council of a telecommunications regulatory ordinance and franchise agreement; and WHEREAS, the Virginia State Corporation Commission has granted to Hyperion the required certificates of convenience and necessity provider of local exchange and interexchange as a services; and WHEREAS, the City is agreeable to allowing Hyperion to use the City's public ways, subject to the terms and conditions set forth in the Temporary Nonexclusive Revocable License Agreement and to any future telecommunications regulatory ordinance and franchise that may be adopted by the City; 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby approves the Agreement entitled ~City of Virginia Beach, Virginia and Hyperion Communications of virginia, LLC, d/b/a Adelphia Business Solutions Temporary Nonexclusive Revocable License Agreement" dated July 15, 1999, a copy of which is on file in the City Clerk's Office, and hereby authorizes and directs the City Manager to execute such Agreement on behalf of the City. Adopted by the Council of the Virginia, on this 24th day of Auqust City of Virginia , 1999. Beach, CA-99-7330 wmm\ordres\Hyperionlic.wpd August 12, 1999 R-1 APPROVED AS TO CONTENT QQ~ Info~ation Technology TO LEGAL 2 TEMPORARY NONEXCLUSIVE REVOCABLE LEASE AGREEMENT HYPERION COMMUNICATIONS OF VIRGINIA, LLC., D/B/A ADELPHIA BUSINESS SOLUTIONS Grantee: Nature: Term: Compen- sation: Indemnity: Insurance: Surety: Construction: Removal: SUMMARY OF TERMS Hyperion Communications of Virginia, LLC., d/b/a Adelphia Business Solutions Allows use of City rights-of-way for telecommunications facilities of local exchange/long distance provider along designated route (see route map). Does not authorize cable service. Until 8-1-00 or until permanent franchise granted, whichever is sooner. If franchise is granted, franchise automatically supersedes License Agreement. Limited to Public Rights-of-Way Use Fee under State law (which the City has not imposed). If law changes, City may charge whatever compensation it is legally entitled to charge and collect. Grantee required to indemnify City, employees, officers, etc., against all claims resulting from acts or omissions of Grantee. Grantee required to maintain worker's compensation insurance, $2 million in commercial general liability insurance; $1 million in automobile liability insurance; $1 million in pollution liability insurance. Grantee may instead provide $5 million umbrella coverage. Grantee required to maintain $50,000 bond and $25,000 letter of credit. May be reduced when construction of backbone facilities is completed. Grantee required to obtain all required permits, promptly restore City property after construction, and to comply with all City, state and federal standards, ordinances, laws, etc. FaciJities required to be underground where all other utilities are underground. Grantee required to remove facilities if Agreement is not renewed or franchise not granted. Proposed Route for Facilities of Hyperion Communications of Virginia, LLC.: Hyperion proposes a fiber optic cable route along a number of major roadways in Virginia Beach. In general, the route contains a large outside loop in the Northern half of the City. It also includes a number of other routes which cut through the middle of the loop, again following along mostly major roadways. The primary route enters the City of Virginia Beach from the City of Norfolk along Northampton Boulevard, and runs east along Northampton until turning left and running north along Diamond Springs Road. At the intersection of Diamond Springs and Shore Drive, the route again turns east and travels along Shore Drive until it reaches the intersection of Shore Drive and Great Neck Road. At this point, the route turns south and runs along Great Neck Road south until it reaches First Colonial Road where it again heads south to the intersection of First Colonial and Laskin. Turning east along Laskin Road, the proposed route runs toward the Oceanfront in order to connect with an existing Bell Atlantic switching facility located on 3151 Street. At the intersection of Laskin Road and Pacific Avenue, the route turns right and heads south along Pacific Avenue. At the intersection of Norfolk Avenue, the route again turns right and heads along the Norfolk Avenue Norfolk Southern Railway right-of-way running west until it reaches the Oceana neighborhood. At this point, the route turns south and runs south again along Oceana Boulevard to its intersection with General Booth Boulevard, continuing south along General Booth Boulevard to the intersection with Princess Anne Road. The route then turns right, runs along Princess Anne Road to the Municipal Center, turning right again and following Princess Anne Road in a northwesterly direction to the intersection of Providence Road. Turning left on Providence Road, the route follows Providence Road in a westerly direction until the intersection ofIndian Lakes Boulevard. The route turns left and follows Indian Lakes Boulevard south until it reaches Ferrell Parkway. The route then turns right, follows Ferrell Parkway which turns into Indian River Road in a westerly direction until it reaches the intersection with Centerville Turnpike. The route then turns left again and follows Centerville Turnpike until its intersection with Kempsville Road at which point the route turns right and follows Kempsville Road until it exits Virginia Beach and enters the City of Chesapeake. Additional routes inside of this major loop include cable running south beginning at the intersection of Shore Drive and Pleasure House Road following Pleasure House Road until turning left onto Independence Boulevard and following Independence Boulevard south to the intersection with Witchduck Road. At that point, the route turns right onto Witchduck Road and follows Witchduck Road south to Aragona Boulevard, turns left on Aragona Boulevard and follows Aragona Boulevard south until the intersection with Virginia Beach Boulevard. At this point, the route turns left on Virginia Beach Boulevard, follows Virginia Beach Boulevard until it reaches South Plaza Trail at which point, the route turns right, and follows South Plaza Trail to Silina Drive and then turns left on Silina Drive and follows that in an easterly direction until the intersection with South Lynnhaven Road. The route then follows South Lynnhaven Road to its intersection with Lynnhaven Parkway, turns left and continues to follow Lynnhaven Parkway south to the intersection with International Parkway. At that point, the route turns left along International Parkway and follows that route until it reaches London Bridge Road. The cable then turns right and follows London Bridge Road until it intersects with Dam Neck Road. An additional cable runs along Dam Neck Road beginning at the intersection of Princess Anne Road east until Dam Neck Road intersects with the outer loop ofthe cable along General Booth Boulevard. The final section of cable enters the City of Virginia Beach from the City of Norfolk along Newtown Road at the Greenwich Road intersection, the route proceeds in an easterly direction along Greenwich Road to Witchduck Road at which point it takes a left, follows along South Witchduck Road to the intersection with Princess Anne Road. The routes then turns left along Princess Anne Road, follows Princess Anne Road to Baxter Road, takes a left and follows Baxter Road in an easterly direction to Holland Road. At the intersection of Holland Road and Baxter Road, the route takes a left and follows Holland Road in a southeasterly direction to the intersection with Lynnhaven Parkway the route then turns left and follows Lynnhaven Parkway again in an easterly direction until it reaches the previous cable route at the intersection of Lynnhaven Parkway and International Boulevard. -26- Item V-I. 6. ORDINANCES/RESOL UTIONS ITEM # 45370 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Resolution re appointment of Rebecca D. Kubin to the position of Assistant City Attorney effective September 16, 1999. Voting: 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, IlL 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, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None August 24, 1999 1 2 3 4 10 11 12 13 14 15 16 17 18 19 A RESOLUTION APPOINTING REBECCA D. KUBIN TO THE POSITION OF ASSISTANT CITY ATTORNEY BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 5 BEACH, VIRGINIA: 6 That pursuant to § 2-166 of the Code of the City of 7 Virginia Beach, Virginia, Rebecca D. Kubin is hereby appointed to 8 the position of Assistant City Attorney, effective September 16, 9 1999. Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day of August , 1999. CA-7467 ORDIN/NONCODE/REBECCA KUBIN.RES August 16, 1999 R-l APPROVED AS TO LEGAL SUFFICIENCY /~ ~ity Attorney - 27- Item V-L 7. 0 RD INANCES/RES OL UTI 0 NS ITEM # 45372 Donald E. Barrett, Owner - Action Taxicab, represented himself The following registered in OPPOSITION: Susan A. Tew, Dispatcher - Beach Taxi 3617-B DuPont Circle, Phone: 460-2117 Melvin Dozier, 184 South Plaza Trail, Phone: 486-6585, Represented Beach Taxi Richard M. Dozier, 1301 Kings Way Drive, Phone: 457-1538, represented Beach Taxi Upon motion by Councilman Harrison, seconded by Councilman Harrison, City Council DEFERRED INDEFINITELY: CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Action Taxicab Company Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, IlL 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 and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. August 24, 1999 - 28- Item V-I.B. 0 RDINAN CESIRESO L UTIO NS ITEM # 45373 Upon motion by Councilman Harrison, seconded by Councilman Heischober, City Council RECONSIDERED: CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Action Taxicab Company Voting: 9-0 Council Members Voting Aye: 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 and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, IlL and Vice Mayor William D. Sessoms, Jr. August 24, 1999 - 29- Item V-I.B. ORD INANCES/RESO L UTIONS ITEM # 45373 (Continued) Upon motion by Councilman Harrison, seconded by Councilman Heischober, City Council APPROVED ONE TAXICAB ONLY: CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Action Taxicab Company Voting: 9-0 Council Members Voting Aye: 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 and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood 0. Branch, IlL and Vice Mayor William D. Sessoms, Jr. August 24, 1999 - 30- Item V-I.B. 0 RDINANCES/RES 0 L UTIONS ITEM # 45373 (Continued) Upon motion by Councilman Harrison, seconded by Councilman Heischober, City Council: Directed Staff to research and report back deferring all applications until Council reviews said report on Certificates of Convenience & Necessity. Voting: 9-0 Council Members Voting Aye: 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 and A. M "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III, and Vice Mayor William D. Sessoms, Jr. August 24, 1999 Item V-J. PUBLIC HEARING PLANNING 1. THE CITY OF REFUGE CHRISTIAN CHURCH OF VIRGINIA 2. MRP ROBERT STEINHILBER - 31 - ITEM # 45374 PLANNING CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT 3. NORMAN CONSTRUCTION COMPANY, INc. CONDITIONAL CHANGE OF ZONING August 24, 1999 - 32- Item V-J.1. PUBLIC HEARING ITEM # 45375 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED an Ordinance upon application of THE CITY OF REFUGE CHRISTIAN CHURCH OF VIRGINIA for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF THE CITY OF REFUGE CHRISTIAN CHURCH OF VIRGINIA FOR A CONDITIONAL USE PERMIT FOR A CHURCH (EXPANSION) RO8992292 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of The City of Refuge Christian Church of Virginia for a Conditional Use Permit for a church (expansion) on the west side of South Independence Boulevard, south of Dahlia Drive (GPIN #1485-29-1908). Said parcel is located at 1917 South Independence Boulevard and contains 38,693 square feet. DISTRICT 3 - ROSE HALL. The following conditions shall be required: 1. This Conditional Use Permit is valid for two (2) years. 2. A parking variance must be obtained from the Board of Zoning Appeals. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twentv-fourth of August. Nineteen Hundred and Ninety-Nine Voting: 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, IlL 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, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None August 24, 1999 Item V-J.2 PUBLIC HEARING PLANNING - 33- ITEM # 45376 Kim Nothard, Vice President - CAR SPA, located at 515 East Losolis Boulevard, Fort Lauderdale, Florida, Phone: (954) 713- 71 00. Mark Strickland, Engineer with Langley and McDonald, represented the applicant, and advised the agreement proffered between the applicant and Children's World, there will be cross ingress/egress easements, as well as utility easements that will serve the existing Children's World building. Upon motion by Council Lady Henley, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon Application of MRP DESIGN GROUP for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF MRP DESIGN GROUP FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION IN CONJUNCTION WITH A CONVENIENCE STORE AND AUTOMOBILE REPAIR SHOP RO8992293 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of MRP Design Group for a Conditional Use Permit for an automobile service station in conjunction with a convenience store and an automobile repair shop (auto detailing) at the northeast corner of Holland Road and Lynnhaven Parkway. Said parcel is located at 3282 Holland Road and contains 1.853 acres. DISTRICT 7 -PRINCESS ANNE. Thefollowing conditions shall be required: 1. The applicant shall reserve 15 feet (or as otherwise required by the Department of Public Works) along Lynnhaven parkway for the future widening to six lanes. 2. At a minimum, the applicant shall install a 10-foot landscape buffer with trees and shrubs along Lynnhaven parkway (as shown on the c(jnc€ptttal site plan dated 6/29/99 8/12/99 and described in Condition #10) 3. The applicant shall reserve 12 feet (or as otherwise required by the Department of Public Works) along Holland Road for the future widening of Holland Road. 4. At a minimum, the applicant shall install a 10-foot landscape buffer with trees and shrubs along Holland Road, outside of the required reservation for Holland Road. 5. A landscape plan shall be submitted with the final site plan for review and approval by Planning Department staff. 6. The building setbacks from the right-of- way must include the required reservations as stated in Conditions 1 and 3. 7. There shall be no additional encroachment of impervious surfaces into the Resource Protection Area than what currently exists on the site. The existing impervious surfaces are indicated on a survey prepared by Charles H. Fleet & Associates, P.C, dated March 23, 1999. 8. Stormwater runofffrom at least 50 percent of the impervious area (post-development) on this site shall be treated for both quality and quantity, prior to existing the site, by the stormwater management facility. August 24, 1999 - 34- Item V-J.2 PUBLIC HEARING ITEM # 45376 (Continued) PLANNING 9. The exact location of the 125-foot drainage easement located along the eastern property line must be determined and any required encroachment easements shown to be necessary based on the exact location must be obtained from the City of Virginia Beach prior to first detailed site plan review. 10. The architectural design, building materials, colors, and site layout shall be substantially in keeping with the ettIt:w black/white elevation drawings by Lyall Design Architects, entitled, "Car Spa, "dated;/tttte 29, 1999 August 13, 1999, and the site plan, entitled, "Conditional Use Permit Plan - Car Spa - Lynnhaven Parkway and Holland Road ", prepared by Langley and McDonald, P. c., as revised on J~lj 13, 1999 August 12, 1999. 11. The freestanding sign to be erected on the property shall be constructed in monument style with a brick base matching the brick on the building depicted on the elevation drawings described in Condition #10. No logo flag. The American flag shall be standard size. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of August. Nineteen Hundred and Ninetv-Nine Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. August 24, 1999 - 35 - Item V-J.3. PUBLIC HEARING ITEM # 45377 PLANNING Attorney Edward Bourdon, represented the applicant Upon motion by Councilman Jones, seconded by Councilman Harrison, City Council DENIED the Ordinance upon Application of NORMAN CONSTRUCTION COMPANY, INc.,for a Conditional Chanf:e of Zoninf: District Classification: ORDINANCE UPON APPLICATION OF NORMAN CONSTRUCTION CO, INc. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-7.5 TO CONDITIONAL 1-1 Ordinance upon application of Norman Construction Co., Inc. for a Change of Zoning District Classification from R - 7. 5 Residential District to Conditional 1-1 Light Industrial District on certain property located on the north side of Baker Road beginning at a point 1300 feet more or less east of Newtown Road (GPIN #1468-40-4222). The proposed zoning classification change to Conditional 1-1 is for light industrial land use. The Comprehensive Plan recommends use of this parcel for suburban residential densities at or below 3.5 dwelling units per acre that are compatible with single-family in accordance with other Plan policies. Said parcel contains 2.696 acres. DISTRICT 4 - BA YSIDE. Voting: 8-1 Council Members Voting Aye: William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: Margaret L. Eure Council Members Absent: Linwood 0. Branch, IIL and Vice Mayor William D. Sessoms, Jr. August 24, 1999 - 36- Item V-K.1. APPOINTMENTS ITEM # 45378 Upon NOMINATION by Councilman Jones, City Council APPOINTED: Kathy Vaughan Lloyd Unexpired thru 9/30/99 plus 4-Year Term 10/1/99 - 9/30/2003 AGRICULTURAL ADVISORY COMMISSION Voting: 8-1 Council Members Voting Aye: William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: Margaret L. Eure Council Members Absent: Linwood 0. Branch, IlL and Vice Mayor William D. Sessoms, Jr. August 24, 1999 - 37- Item V-K.2. APPOINTMENTS ITEM # 45379 Upon NOMINATION by Councilman Jones, City Council APPOINTED: Daniel Z. Lepow Unexpired thru12/31/2000 FRANCIS LAND HOUSE BOAD OF GOVERNORS Voting: 9-0 Council Members Voting Aye: 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 and A. M "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III and Vice Mayor William D. Sessoms, Jr. August 24, 1999 - 38- Item V-K.3. APPOINTMENTS ITEM # 45380 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENT: PARKS AND RECREATION COMMISSION August 24, 1999 - 39- Item V-M.l/2/3 NEW BUSINESS ITEM # 45381 Upon motion by Councilman Heischober, seconded by Councilman Jones, City Council ADOPTED: COUNCIL HOUSE RULES/OUR CODE OF CONDUCT" COUNCIL PROTOCOL/GUIDELINES FOR COUNCIL OPERATIONS" COUNCIL LIAISONS/GUIDELINES Voting: 9-0 Council Members Voting Aye: 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 and A. M "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood 0. Branch, IlL and Vice Mayor William D. Sessoms, Jr. *Council Lady Eure voted a VERBAL NAY on the section related to Zoning Matters under COUNCIL PROTOCOL August 24, 1999 COUNCIL HOUSE RULES "OUR CODE OF CONDUCT" . KEEP COUNCIL INFORMED - Committee Members and Liaisons are responsible for informing Council and representing Council's position . TREAT EACH OTHER WITH RESPECT - No personal attacks or "zingers" . RESPECT EACH OTHER'S OPINION AND POINT OF VIEW - Listen before juding . ALLOW TIME TO DISCUSS ISSUES - Take time to talk on major issues . CLOSED SESSION DISCUSSIONS STAY IN CLOSED SESSION - Keep information confidential . . TREAT EVERYBODY EOUALLY COUNCIL PROTOCOL GUIDELINES FOR COUNCIL OPERATIONS , Closed Session Confidentiality I The Mayor and City Council reaffirm the "House Rule": "Closed Session discussions are to stay in Closed Session". If the confidentiality is violated, Members of the Council agree to police themselves. The ultimate enforcement option is to pass a resolution on the violation. I Council Requests I 1. 2. 3. 4. Legal requests go to the City Attorney Citizen complaints on service requests go to the City Manager's Office Mayor requests for information and research go to the City Manager Simple infonnation or questions go to the appropriate Department Head or Appointee I Information Sharing I 1. City Manager and City Attorney are to use their discretion and follow the desires and directives of the individual Council Member making the request. 2. If a resolution or ordinance is requested, the City Manager and City Attorney will - distribute the information to all Council Members unless they are directed not to - forward same by the requesting Council Member who directs them not to divulge the request or information to other Members of Council. This discretion will be left to the Council Member who makes the request. I False or Inaccurate Information I 2. 3. 4. s. 1. The Mayor and City Council are responsible for holding each other accountable for false or inaccurate information; and are encouraged to correct the error committed as soon as possible. The City Manager is directed by the Mayor and City Council to provide "Accurate Facts" reports at the beginning of the Council meeting. When the report is inaccurate information and a misrepresentation of facts in the community whether news reporting, community newsletters or community presentations, the Mayor and City Council have the responsibility to bring these "errors" to the attention of the City Manager. Fact sheets on major issues should be developed that are simple to understand and have meaning to our citizens. Information sheets should be developed and sent to Civic Leagues who will be encouraged to place them in their newsletters. The Mayor and City Council supports the staff's policy, "Zero tolerance for factual errors". I Zoning Matten I The Mayor and City Council agree there will be "No Commitments" to developers and zoning applicants prior to Council action. The Council Member could meet with developers after Planning Commission bas met and made their recommendation. There is a misconception that a developer and/of zoning applicant needs to go to the District Council representative for her or his sign-off and/or endorsement. COUNCIL LIAISONS: GUIDELINES l!zres ofLI.bons I . Representative to a Group or Organization . Fact Finding on an Issue . Lead Negotiator Working with a Staff Team I GuideUnes for Liaison: Responsible for .... I . Provide regular reports on activities and status . Alert Council on potential news items . Share information relative briefings and written reports . Check for Council direction and Policy Guidelines on major issues . Represent City Policy and Goals, Council direction and Guidelines . Serve as Council's link to the Staff on assigned project or subject area I When EstabUshing a Liaison I . City Council shall determine the overall goal and direction . City Council shall establish policy parameters and policy guidelines . City Council shall defme the role and authority of the liaison Item V-M.4. NEW BUSINESS - 40- ITEM # 45382 BY CONSENSUS, the CITY CLERK SHALL RECORD: ABSTRACT OF CIVIL CASES RESOLVED - JULY 1999 August 24, 1999 - 41 - Item V-M.5. NEW BUSINESS ITEM # 45383 Mayor Oberndorf announced the Borough Council North Down, Northern Ireland, would be in session this evening and would adopt the "Friendship" Agreement to a future ~~Sister City" relationship with Virginia Beach. August 24, 1999 --~_..._-~. .....--.-.. - 42- ITEM # 45384 Mayor Meyera E. Oberndorf, entertained a motion to permit City Council to conduct its CLOSED SESSION,pursuant to Section 2.1-344(A), Code of Virginia, as amended,for thefollowingpurpose: PUBLICLY-HELD PROPERTY: Discussion or consideration of the acquisition, or of the disposition of publicly-held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.1-344(A)(3). To-Wit: Acquisition of Property - Beach District Disposition of Property - Rose Hall District Upon motion by Councilman Heischober, seconded by Councilman Harrison, City Council voted to proceed into CLOSED SESSION (8:20 P.M.). Voting: 9-0 Council Members Voting Aye: 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 and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, IlL and Vice Mayor William D. Sessoms, Jr. August 24, 1999 - 43- ITEM # 45385 Mayor Meyera E. Oberndorf called to order the FORMAL SESSION in the Council Conference Room, City Hall Building, on Tuesday, August 24, 1999, at 8:20 P.M. Council Members Present: 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 and A. M. "Don" Weeks Council Members Absent: Linwood 0. Branch, III, and Vice Mayor William D. Sessoms, Jr. August 24, 1999 - 44- CERTIFICATION OF CLOSED SESSION ITEM # 45386 Upon motion by Councilman Heischober, seconded by Councilman Jones, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: Margaret L. Eure, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Nancy K. Parker, Mayor Meyera E. Oberndorf and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood 0. Branch, III and Vice Mayor William D. Sessoms, Jr. August 24, 1999 . p----------- - £'1101u110" 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 # 45384, 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 in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ~~ R Hodges Smit, Mé/ AAE City Clerk August 24, 1999 ---- - 45- Item V-No ADJOURNMENT ITEM # 45387 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:43 P.M. q~Eð/..J Beverly 0. Hooks, CMCIAAE Chief Deputy City Clerk - - - - - - - -- ---------- ---- -- - ------- Meyera E. Oberndorf Mayor City of Virginia Beach Virginia August 24, 1999