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HomeMy WebLinkAboutAPRIL 13, 1999 MINUTES (2) Cit "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MA YOR MEYERA E. OBERNDORF. AI.LurKe VICI, .\IAYOR WIUIAM D. SESSOMS. JR.. AI-LurKe LINWOOD O. BRANCH III. Dimi,,' ~-Beu,'h MARGARI:.TL. EURE. DiJrri..,I-C"nlm'ilI,' WII.IJAM W. HARRISON, JR.. DÍJlrict5-I.y""hul'eIl HAROLD IIEISCHOBER. AI-LurKe BARBARA M. HENLEY, Di",ia 7.Pri"",ss Anne LO(}/S R. JONES. Di"'i,,' 4.Buysid" REBA S. M..CUNAN, DiSlri", J.R"," Ilull NANCY K. PARKER. AI.LurK" A.M. lOON) WEEKS. DI5I"..t2.K"mI'WlII" JAMES K. SPORE, lily MunuK" LESLIE L. LilLEY. ('if} AIl"rn"y RUTH HODGES SMITH, CMCiAAE, CIlY Oa. CITY COUNCIL AGENDA CITY HALL BUILDING I 24nl COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 2./45fJ.Y(XI5 PHONE: (757) 427.4.10./ FAX: (757) 42~.5M9 EMAIL: CfYCNCL@CITY,VIRGlNIA.BEACII.V l .. 13 April 1999 I. BRIEFING - Conference Room - 9:00 AM A. PENTRAN/TRT MERGER Cameron Pitts, Chairman, TTDC Don Clarke, TTDC Attorney II. BUDGET WORKSHOP - Conference Room - 10:00 AM III. CITY MANAGER'S BRIEFING - Conference Room - 12:30 PM A. VIRGINIA BEACH MUNICIPAL GOLF COURSE [30 minutes] Susan D. Walston, Chair, Virginia Beach Golf Course Task Force Angelo Palermo, National Golf Foundation IV. REVIEW OF AGENDA ITEMS V. CITY COUNCIL COMMENTS VI. INFORMAL SESSION - Conference Room - 1 :15 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION VII. FORMAL SESSION 2:00 PM A. B. C. D. E. F. G. H. I. 5. - Council Chamber - CALL TO ORDER - Mayor Meyera E. Oberndorf INVOCATION: The Reverend Chris Xenakis Bayside Christian United Church of Christ PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ELECTRONIC ROLL CALL OF CITY COUNCIL CERTIFICATION OF EXECUTIVE SESSION MINUTES 1. INFORMAL & FORMAL SESSIONS 06 April 1999 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. PRESENTATION 1. ACCREDITATION AWARD Parks and Recreation Commission Members ORDINANCES 1. Ordinance to REPEAL the Public Rights-of-way Use Fee adopted by City Council 9 March 1999; and, directing the City Manager to find a continuing source of revenue within the City's Budget re fulfilling the City's commitment to the School Board to fund acquisition and replacement of instructional technology hardware. (Sponsored by Mayor Meyera E. Oberndorf) 2. Ordinance to AMEND and REORDAIN Section 23-26 of the City Code re prostitution generally. 3. Ordinance to APPROPRIATE $34,956 from the Parks and Recreation Gift Fund to the FY 1998-1999 Parks and Recreation Operating Budget re use of accumulated donations for special events, recreation supplies, printing and binding services and other activities, as may have been designated by the donors. 4. Ordinance to TRANSFER of $375,000 from the Instructional Category to the Transportation Category within the FY 1998-1999 School Operating Budget re replacement of aging school buses. Ordinance to TRANSFER $227,879 from Eastern Branch Lynnhaven River Dredging (CIP #7-712) to Western Branch Lynnhaven River Dredging (CIP #8-109) re providing sufficient funding to dredge a channel in the Western Branch of the Lynnhaven River. 6. 7. 8. 9. Ordinances to authorize temporary encroachments into portions ofthe City's rights-of- way: a. Mediterranean Avenue, 14th Street and 16th Street by Virginia Beach Pentecostal Church of Christ re erection and maintenance of four directional signs (BEACH - DISTRICT 6) b. Great Neck Road and city easements at 1901 Thomas Bishop Lane by Charles E. and Kim D. Basnight re construction and maintenance of a pier and boat lift (L YNNHA VEN - DISTRICT 5). Ordinance to declare a portion of 1665 Indiana Avenue as EXCESS PROPERTY; and, authorize the City Manager to convey said property in the manner he deems in the best interests ofthe City (BEACH - DISTRICT 6).to Curtis Pendergrass. Ordinances to authorize the acquisition of property in fee simple for right-of-way and temporary and permanent easements, either by agreement or condemnation: a. Hungarian Road (CIP #2-021.11) (PRINCESS ANNE - DISTRICT 7). b. Sandbridge Drainage Improvements (CIP #7-144) (PRINCESS ANNE - DISTRICT 7). Ordinance to authorize the City Manager to enter into a one (1 )-year contract with KPMKG Peat Marwick LLP for an independent audit ofthe City of Virginia Beach; and, renew the contract, subject to appropriations availability, for a second and additional years thereafter, not to exceed two one-year periods, subject to an increase in cost for each ofthose years not to exceed four percent.(4%).. 10. Ordinance granting operation of Open Air Cafes in the Resort Area: a. (1) (2) (3) (4) (5) (6) NEW FRANCHISES Virginia George Company, Inc. T / A Dough Boys California Pizza Atlantic Avenue Sidestreet Café 1700 Atlantic Avenue Calabrese Management Group, Inc. T/A Fish Bones Restaurant Atlantic Avenue Sidewalk Café 812 Atlantic Avenue Planet Pizza, Inc. T / A Fish Bones Restaurant Atlantic Avenue Sidestreet Café 812 Atlantic Avenue Sunstations, Inc. T/A Haagan-Dazs Atlantic Avenue Sidestreet Café 2100 Atlantic Avenue Leeward Princess Ann Investment Association, LLC T / A Marriott Courtyard Virginia Beach Oceanfront Boardwalk Café 2500 Atlantic Avenue Loco, LLC T/A Luna Sea Cantina Mexacali Atlantic Avenue Sidestreet Café 206 22nd Street b. RENEWAL FRANCHISES (1) Seashore Management, Ltd (2) Fogg's Seafood Company (3) Herrengarten, Inc. (4) Jefferson Savings & Loan Association T/A Hilton Inn/Laverne's Café T/A Waterman's Café T/A Cities by the Ocean T/A Howard Johnson! Boardwalk Deli (5) Ocean Front Snacks (6) Athena Enterprises, Inc (7) Colonial Inn, Inc. (8) Theme Restaurants, Inc. (9) Econo Lodge Oceanfront, Inc. T / A Ocean Isle Café T/A King of the Sea Restaurant. T/A Cary's Café T / A II Giardino Ristorante T/A Fish Bones Restaurant, Inc. 11. Resolution to appoint Kimberly R. Van Essendelft to the position of Assistant City Attorney, effective 24 May 1999. 12. CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY New Application: ATG, INC. T/A ANDY'S CAB COMPANY OF VIRGINIA BEACH Renewal Applications: BEACH TAXI, INC. GROUND TRANSPORTATION SPECIALISTS, INC. LAND YACHTS, LLC LONG'S LIMOUSINE SERVICE WEDDLE ANTIQUE LIMOUSINE SERVICE, INC. YELLOW CAB OF VIRGINIA BEACH, INC. 13. License Refunds: $14,117.31 J. PUBLIC HEARING - PLANNING PLANNING BY CONSENT - To be determined during the Agenda Review Session. 1. Ordinance in the Petition of LADM ASSOCIAT4ES, LLC, a Virginia Limited Liability Company, LENA SANCILIO and CONTRACTOR'S PAVING COMPANY, INC. for the discontinuance. closure and abandonment of a portion of Avenue E beginning 337.93 feet South of Bonney Road and running 899.85 feet in a Southerly direction to the Northern boundaryofthe Virginia Beach-Norfolk Expressway, containing 30,094 feet (ROSE HALL- DISTRICT 3). Deferred for Compliance: Additional 180-Day Deferral 14 October 1997 27 October 1998 Recommendation: FINAL APPROVAL 7. 8. K. 2. Application of The Franciscus Company for an Amendment to The Green Run Land Use Plan to allow an automobile service station in conjunction with a convenience store at the Northeast corner of Lynnhaven Parkway and Windmill Point Crescent, containing 1.663 acres (ROSE HALL - DISTRICT 3). Recommendation: APPROV AL 3. Application of DONALD BERGER for a Conditional Use Permit for indoor recreation (billiards) on the North side of Pembroke Boulevard, West ofIndependence Boulevard (4616 Pembroke Boulevard), containing 1.35 acres (L YNNHA VEN - DISTRICT 5). Deferred: 23 March 1999 Recommendation: APPROV AL 4. Application of TIDEWATER IMPORTS, INC. for a Conditional Use Permit for motor vehicle sales and service at the Northeast corder of Holland Road and Diana Lee Drive (3496 Holland Road), containing 4.218 acres (ROSE HALL - DISTRICT 3). Recommendation: APPROV AL 5. Application of SPRING BRANCH COMMUNITY CHURCH for a Conditional Use Permit for a church on the East side of Great Neck Road, North of Harbor Lane (1510 Great Neck Road), containing 9.250 acres (L YNNHA VEN - DISTRICT 5). Recommendation: APPROV AL 6. Application of SAINT AIDENS EPISCOPAL CHURCH for a Conditional Use Permit for a church at the Southwest corner of Edinburgh Drive and Kings Grant Road (3201 Edinburgh Drive), containing 3.566 acres (L YNNHA VEN - DISTRICT 5). Recommendation: APPROV AL Application of CITY OF VIRGINIA BEACH for a Conditional Use Permit for a commercial/municipal parking lot at the Northeast corner of Atlantic Avenue and 30th Street (3003 Atlantic Avenue), containing 1.03 acres (BEACH - DISTRICT 6). Recommendation: APPRO V AL Application ofZ-l COMMERCIAL PROPERTIES, LLC, for a Change of Zoning District Classification from I-I Light Industrial District to Conditional B-2 Community Business District at 820, 830 and 840 South Military Highway and 6404 Indian River Road, containing approximately 4.2 acres (CENTERVILLE - DISTRICT 1). Deferred: Deferred Indefinitely 9 March 1999 23 March, 1999 Recommendation: APPROV AL APPO INTMENTS Medical College of Hampton Roads Minority Business Council L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT MANAGEMENT RESOURCE PLAN FY 1999-2000 OPERATING BUDGET & C I P SCHEDULE DATE TIME BUDGET UNIT Thursday, April 15 7PM Public Hearing - Princess Anne High School Tuesday, April 20 - Workshop 2 PM - 5 PM Quality Education Council Conference Room Schools Schools CIP Tuesday, April 27 - Workshop 3 PM - 5 PM Quality Education - continued Council Conference Room Libraries Strengthening Families Comprehensive Service Act Health Mental Health Social Services Operational Support Real Estate Assessor Treasurer Commissioner Finance General Services Buildings CIP Tuesday, May 4 - Workshop 10 AM - Noon Operational Support - continued Council Conference Room Human Resources Information Technology Non-Departmental Video Services Policv and Decision Support Debt Service Tuesday, May 4 2PM Public Hearing - Council Chambers Thursday, May 6 - Workshop 3 PM - 5 PM Reconciliation Council Conference Room . Tuesday, May 11 2PM Council Action - Council Chambers 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: TOO only 427-4305 (TOO -Telephonic Device for the Deaf) 04/08/99cmd AGENDA \04/13/99 www.virginia-beach.va.us MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April 13, 1999 Mayor Meyera E. Oberndorf called to order the PENTANITRT BRIEFING in the Council Conference Room, City Hall Building, on April 13, 1999, at 9:00 A.M Council Members Present: Linwood O. Branch, III, Margaret L. Eure, 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 Absent: Reba S. McClanan [ENTERED: 9:20 A.M.] William W. Harrison, Jr. [ENTERED: 11: 18 A.MJ -2- CITY COUNCIL BRIEFING PENTRANflRT MERGER 9:00 A.M. ITEM # 44827 Mayor Oberndorf introduced Michael Townes, Executive Director - PENTRANflRT and Delegate Flora Davis Crittenden. Attorney Don Clark, Clark & Stant, Legal Counsel to PENTRANflRT, presented umbrellas to the Mayor and each Member of City Council. Mr. Clark referenced an article written approximately three years ago by David Goode, CEO of Norfolk Southern, concerning creating a strong identity for Hampton Roads and having a stronger voice in Federal and State Government Affairs. As Jim Echols was about to retire, it appeared to be a good opportunity to pull TRT and PENTRAN together and achieve the same things David Goode discussed. A committee was formed consisting of Robert Fentress, Joe Greene, Jim Echols and himself - representing TRT, and Turner Spencer, Florence Crittenden, Michael Townes and Attorney Tom Glasscock representing PENTRAN. A Memorandum of Intent was signed by both PENTRAN, TRT and a number of the Cities. However, Virginia Beach did notformally sign same. During the course of developing this Memorandum of Intent, it came to the attention of TRT that there was a bank debt on the side of PENTRAN in the amount of $2-MILLION, plus they had not adequately funded the reserves for their IÙlbility claims. Therefore, the Memorandum of Intent contained the verbiage there would be no bank debt or institutional debt whatsoever on either side when, and if'; this merger occurred and all liability claims had to be fully funded. The decision to spin down the reserves to zero was made by the PENTRAN Commission. The bank debt occurred over a period of years with the full knowledge of the Commission. There was nothing whatsoever that indicated to Attorney Clark that Michael Townes did not keep the Commission informed. The PENTRAN Commission contains an Assistant City Manager as one of its members. Mr. Clark reviewed the DRAFT AGREEMENT between TRT/PENTRAN and the seven component agreements. There are Exhibits A, B, C and D contained within the Agreement. EXHIBIT A: Ordinance creating the Hampton Roads Transportation District. EXHIBIT B: Employment Agreement - Terms and Conditions of Employment for Executive Director EXHIBIT C: By Laws - Describes the organization, its membership, rules and procedures. EXHIBIT D: Cost Allocation Agreement - Establishes the principles and detailed cost allocation procedures for the distribution of capital and operating costs for the regional transportation system. EXHIBIT E: Post Closing Management Structure Each participating city consents to the reasonable use of its streets and highways by the Commission for public transportation purposes. Each of the seven Component Governments will appoint two Commissioners (need not be members of its governing body), and a representative of the Commonwealth Transportation will serve as a Commissioner, Ex Officio. There is a requirement in the Definitive Agreement that as soon as the new Commission meets, the new Commission will request the General Assembly to enact legislation such that one member of the House of Delegates and one member of the State Senate be appointed to the Commission with the provision that if the Member of the House of Delegates is from the Peninsula that the Member of the Senate be from the Souths ide. There will be monthly meetings of the Commission as required by State law, six of which will be held in Norfolk and six in Hampton or Newport News. The headquarters of the new Commission will be in the City of Hampton with the primary operations office in the City of Norfolk. The Executive Director will be Michael Townes. Mr. Townes will select the Chief Operating Officer, subject to the approval of the new Commission. At the request of the City of Virginia Beach, when the current Director of Finance - Lee Carlson, retires, the Definite Agreement requires that a national search be instituted for his replacement and the selection of the new Finance Director will be subject to the approval of the Commission. Relative Section 2.21: Working Capital and Capital Improvement Reserves, the Cities of Hampton and Newport News, over a period of time will have to contribute sufficient capital so there is a working capital reserve equal to 45 days of the operating expenses of the new Commission. April]3, ]999 - 3- CITY COUNCIL BRIEFING PENTRANnRT MERGER ITEM # 44827 (Continued) The changes requested by the City of Virginia Beach are contained in a document entitled "Policy Report ". Both commissions, PENTRAN and TRT, approved same. Basically, there is a requirement that a transportation plan be developed. This is included in the Definitive Agreement. Also included is the creation of a Financial Advisory TaskForce. This is contained in Section 2.28. A budget requirement has been placed in Section 2.29. Within 90 days after its creation, the Hampton Roads Commission will prepare a four-year operating and capital budget (the "Budget") to reflect (a) existing levels of transit service provided by the Hampton Roads Commission to component governments and the (b) the Working Capital and Capital Improvement Reserves described in Section 2.21. The Budget will display the projected costs of each component government to the end that the Component Governments may plan for, and meet, their financial obligation to the Hampton Roads Commission required by the Cost Allocation Agreement. Section 2.30 Fiscal Year End Transition is a recommendation of KPMG Peat Marwick LLP and the City of Virginia Beach. Peninsula and Tidewater will endeavor to follow the recommendations of KPMG Peat Marwick LLP in its report for the Hampton Roads Planning District Commission, dated October 29, 1998, set forth in Section 5.7 of the report and each will do afull close of their books on at least a quarterly basis, beginning immediately. The results will be provided to the Peninsula and Tidewater Commissions. On or before July 1, 1999, the Peninsula Commission will provide the Tidewater Commission an audited financial statement for the period July 1, 1998, through September 30, 1998. Relative Section 2.31 Transportation Service, there will be no service within our City unless a Commissioner of that City voted affirmatively to accept such service. This has always been a requirement in a Cost Allocation Agreement. Attorney Clark referenced Section 4.1 (f) - In no event will any bank or financial institution indebtedness, or any deficit in funding of reserves of any self-insurance program, of either Peninsula or Tidewater be assumed by the Hampton Roads Commission. The ByLaws Exhibit C of the Definitive Agreement also reflects no change in the type, amount, location or fare of any service in any of the Cities without a member of that City voting in the affirmative. Article VII of the ByLaws reflects no capital expenditure in any City. In other words, TRTIPENTRAN and HRT all have the power of eminent domain. They cannot come into a City and condemn private property and install a public transportation facility unless the City is in support of same as evidenced by an affirmative vote of its members. Section 6, Capital Expenditures (Article VII - Finances) was the request of the City of Virginia Beach. Any capital expenditure by the Commission in excess of$l O-MILLION for anyone procurement or in excess of $10-MILLION in any fiscal year, excluding rolling stock replacements and other capital replacements in the ordinary course of business, shall require the affirmative vote of at least two-thirds (2/3) of the members of the Commission entitled to vote on such capital expenditure. Section 7: Tax Impositions and Increases (Article VII - Finances): (a) If the Commission is empowered by the General Assembly to impose any tax, or if the Commission, having been granted by the General Assembly the power to tax, wishes to increase any tax then, in either case, the imposition of every tax or any increase in such tax shall require the affirmative vote of at least two-thirds (2/3) of the members of the Commission entitled to vote on such imposition or increase. (b) If the Commission determines to recommend to the General Assembly the imposition of any tax, or if any such tax may have been imposed and the Commission determines to recommend to the General Assembly an increase in such tax, in either case, such recommendation shall require the affirmative vote of at least two-thirds (2/3) of the members of the Commission entitled to vote on such recommendation to impose or to increase any tax. . Mr. Townes cited an example and expenditure of more than $10-MILLION He advised there is a proposal to build a Multimodal transfer center in Virginia Beach. The money, of which would be received by the Transit District and that construction, would be managed by the Transit District. Two Multimodal transfer stations have been built on the Peninsula side. The total value of both of those projects would exceed $10- MILLION If the District were to enter into a rail project, there would be many elements of purchasing exceeding $10-MILLION. April 13, 1999 -4- CITY COUNCIL BRIEFING Ph'NTRANíTRT MERGER ITEM: # 44827 (Continued) Mr. Clark referenced the PROPOSED CHRONOLOGY FOR MERGER 0 F PENTRAN AND TRT. COMPLETION TARGET DATE DESCRIPTION OF TASK March 10, 1999 Pentran and TRT action on Definitive Agreement, Pentran and TRT staffs complete all schedules of Definitive Agreement. Resolution of issues re 13(e) Agreement! ATU contracts Finalize Employment Agreement for Executive Director Modify Definitive Agreement to include approved recommendations of Virginia Beach Definitive Agreement with exhibits and schedules Meeting at office of Clark & Stant of financial and legal representatives of Pentran, TRT and the 7 component governments Component governments action on Definitive Agreement Pentran and TRT staffs conduct ndue diligence" Execution of Definitive Agreement by Pentran, TRT and component governments Pentran provides audited financial statement for period 7/1/98 - 9/30/98 Component governments adopt ordinances creating Hampton Roads Transportation District Commission (HRTDC) Component governments file ordinances with Secretary of Commonwealth Secretary of Commonwealth certifres that Ordinances have been filed and meet requirements of Code of Virginia Sec. 15.2-4504 Component governments enter Secretary of Commonwealth certification in minutes of Council meetings and each elect 2 members (and alternates) of HRTDC HRTDC first and organizational meeting. Adopt Bylaws, elect officers, adopt bank resolutions, sign Cost Allocation Agreement and Executive Director's employment con- tract, adopt transportation plan Pentran and TRT staffs update all schedules to Definitive Agreement Closing on Definitive Agreement, Pentran and TRT transfer assets and liabilities to HRTDc. Component governments sign Cost Allocation Agreement HRTDC operational March 17, 1999 March 17, 1999 March 17, 1999 March 22, 1999 March 24,1999 April 15,1999 May 15, 1999 May 15 -June 15,1999 June 29, 1999 July 1,1999 July 15, 1999 July 15, 1999 August 1, 1999 August 16, 1999 September 15,1999 September 27,1999 . September 30, 1999 October 1, 1999 Mr. Townes advised there are approximately 950 employees of the PENTRANíTRT Commission with a total budget of$36 to $37-MILLION (only operating budget). The Capital and Operating Budget would amount to approximately $80-MILLION. April]3, ]999 - 5 - CITY COUNCIL BRIEFING PENTRANffRT MERGER ITEM # 44827 (Continued) Mr. Clark advised the Cost Allocation Agreement (Exhibit D) is very meticulous in the component governments. Relative two legal Counsels: Donald H Clark - General Counsel and Thomas E. Glasswork- Deputy Counsel, Mr. Clark advised TRT has a Risk Management Section whereas PENT RAN has out- sourced its Risk Management Section. The work is to be done in-house if the two entities combine; however, there must be some one to lead that effort in-house. Attorney Glasswork had indicated an interest in handling this Section, but not the Court involvement, etc. Attorney Don Clark will handle the legal phases. Mayor Oberndorf referenced receipt of correspondence from Jim Eason, Executive Director - Hampton Roads Partnership. Mr. Eason advised the Partnership, at a full meeting, endorsed the merger of PENTRAN and TRT and also sent a definition of what he perceives the agreed partnership definition is and a list of all the membership from the entire Region. The City Attorney advised a schedule of outstanding legal cases of the two respective bodies prior to the merger have been provided by Mr. Clark, if City Council wished to peruse. PENTRAN is self insured for the first $250,000 of each claim, beyond that they are in the Virginia Insurance Pool, which takes care of their excess coverage. Council Lady Parker quotedfrom the Brief Summary - Allocation of Operating Costs: "In the event a claim is adjudicated against the Commission in excess of its insurance coverage, the cost of the excess judgement will be considered an operating expense and allocated to each City on the basis of its proportion of service received to total service provided by all Divisions and services. " Mr. Clarke advised there are two divisions - Peninsula and Southside. If a liability claim exceeds the amount of insurance available then that becomes an operating expense of the Division. There will be a meeting on April 15, 1999, of the TRTIP ENTRAN staffs in Mr. Clark's office, and he will have the staffs provide a written response to Council Lady Parker relative the interpretation as well as possible amendment re the tax increase to be allocated by the Commission. The City Manager requested questions of City Council be forwarded to him and he requested response at the Staff Meeting on April 15, 1999. Delegate Crittenden advised if the General Assembly does approve a dedicated gasoline tax for public transit in the Hampton Roads District, it would be subject to a Referendum. The funds collected from the gasoline tax in each of the localities would be utilized to provide services for that locality, which is the way it is done in Northern Virginia Vice Mayor Sessoms referenced correspondence from Randy Wright - Vice Chairman, Tidewater Transportation District Commission and Councilman - CityofNorfolk. Copies of said letter were distributed to Members of City Council. Mr. Wright stated, recognizing the reluctance of the City to participate in the LRT project and acknowledging the increased interest of Chesapeake and Portsmouth with the historical support of Norfolk, there is interest among some members of the TTDC to begin work on an alignment schedule. Such a schedule would expedite work on alignments to Chesapeake, Portsmouth and the Norfolk Naval Base, while giving Virginia Beach the option to resume participation at a later date. Norfolk isfirmly committed to Light Rail, and requests have been made by both Chesapeake and Portsmouth to expedite actively on alignments to their cities. Based upon these requests, the TTDC LRT development committee is considering aformat recommendation to shift the current focus of the project from the extension to Virginia Beach to the Chesapeake and Portsmouth alignments. The preliminary engineering and design work on the extension to Virginia Beach will be valid for three years should the City of Virginia Beach later decide to participate in the east-west alignment. This will be discussed at the regular meeting of the Tidewater Transportation District Commissioners on April 14, 1999. A written response relative Virginia Beach being liable or responsible for the previous funding expended, will be provided when authorized by the Commission BY CONSENSUS, City Council's consideration of the Definitive Agreement could be scheduledfor May 4, 1999. April 13, 1999 - 6- BUDGET WORKSHOP REVENUES AND EXPENDITURES 10:18 A.M. ITEM # 44828 E. Dean Block, Director - Management Services, referenced memorandum from Sheriff Drew to City Council. Mr. Block distributed copies of his Memorandum to the City Manager relative the FY 1999-2000 Revenues and Expenditures and a summarization sheet of Key Dates. January 19 Modernization Committee Report Commits use of lottery funds ûoint Resolution) February 26 Technology Committee Report Long term commitment March 9 Phone Fee Adopted March 15 Statutory Deadline for adopting phone fee March 22 Budget to Printer March 30 Budget to Council April 6 Library Committee Report April 7 Veto Session - Lottery funds actually available April 9 Final 98/99 Personal Property Tax Assessment Data available. Despite the education of all the proceeds of the Public Rights-of-way User fee to school instructional technology needs, some segments of the community have felt that the imposition of the fee was wrong. Mayor Oberndorf advised she was earnest in her desire to find $1-l/2-MILLION to pay for the school technology for which the City has obligated itself. The City Manager referenced the information would be provided by April 13, 1999. The attachments distributed to City Council identify the latest information (I) the major General Fund revenuesfor FY 1999-2000; (2) update the ending balance calculations; (3) list possible areas ofreductions; (4) list the projects and programs which the staff are aware could be candidates for additions to the Budget/CIP; and (5) identify other factors which might impact Council's decisions. It is important to emphasize that there is no misunderstanding. The information in the attached is not intended as a recommendation from the Department or Management Services as to any course of action. Nor should anyone believe that any program or project was identified except as Staff's preliminary efforts to respond based on simple and understandable criteria. Mr. Block was concerned that less than 25% of the departments have been heard; that the City Council and the City Staff have just received the final School Board budget; that the Schools have been closed for Spring break and many of the staff not available; that the City Council has not held a workshop on the School budget; and, that there has been no Public Hearing as to items or projects which may be desired by the public. The Staff is not fully comfortable making the adjustments in estimated revenues. The personal property revenue is a difficult revenue to predict; and, added to this, is the transition from a data base of City decals to a Department of Motor Vehicles data base being completed. This is essential in light of the Property Tax Relief Bill. The result of the shift to the DMV data base will mean there will be more vehicles identified and more tax bills issued for personal property. April 13, 1999 - 7- BUDGET WORKSHOP REVENUES AND EXPENDITURES ITEM # 44828 (Continued) ADJUSTMENTS IN REVENUE ESTIMA TES Revenue Original Estimates Adjustments % Adjustments Real Estate $261,946,723 NO CHANGE NO CHANGE Personal Property $ 85,343,378 $ 978,448 1.1% General Sales $ 38,648,236 $ 115,944 0.3% Utility Tax $ 30,279,950 NO CHANGE NO CHANGE Cellular Phone $ 1,745,282 ($ 34,221) (2.0%) BPOL $ 25,483,300 $ 86,788 0.3% Cox Franchise $ 3,467,895 ($ 74,543) (2.1%) TOTALS $446.914.764 $1.072,416 0.24% The above revenues are those covered by the Revenue Sharing Policy and would be available, if realized, as follows: School Share: City Share: $569,775 $502,641 FY 1999-2000 OPERATING BUDGET REVISIONS TO FY 1998-1999 GENERAL FUND ESTIMATED FUND BALANCE Net increase in project revenues $ 4.8 MILLION Better than expected Personal Property and General Sales tax revenue and the inclusion of growth in Revenue Sharing Policy revenues prior to close of fiscal year. Net decrease in projected expenditures $ 2.0 MILLION Using March final numbers and discounting impact of Hurricane Bonnie on expenditure trends Net increase in Fund Balance $ 6.8 MILLION Distribution of Increased Fund Balance City Revenue Sharing Policy Amount $ 2.6 MILLION School Revenue Sharing Policy Amount $ 2.2 MILLION City Amount due to reduced expenditures $ 2.0 MILLION The List of Potential Reductions in the FY 1999-200 Operating Budget and/or Capital Improvement Program is based on two criteria (1) new/expanding programs would be reduced before existing programs; and (2) aid to non-city agencies and programs would be funded before reducing existing programs. No reductions are included if the program is funded from increased dedicated revenues. April 13, 1999 -8- BUDGET WORKSHOP REVENUES AND EXPENDITURES ITEM # 44828 (Continued) NewÆxpanded City Programs 15 additional COPS Police Officers Additional Housing/weed inspectors Neighborhood reinvestment Additional legal services Vector control EMS Quality Assurance Program TOTAL $ 558,009 $ 181,997 $ 100,000 $ 53,153 $ 54,470 $ 19.000 $ 966.629 Possible Reductions in Aid to Non-City Agencies Medical College of Hampton Roads (EVMS) Economic Development Alliance Community Organization Grants No increase in elderly tax relief subsidy Arts and Humanities Commission Contributions to museums Neptune Festival TOTAL Up to $ Up to $ Up to $ $ Up to $ Up to $ Up to $ 481,008 442,244 479,189 175,800 451,991 80,000 (est) 40.000 Up to $2.150.232 New/Expanded School Programs Information in response to City Council questions regarding new school programs has not been received. The data below is derivedfrom the School Board approved budget document is not complete or inclusive. Expansion of gifted and talented program (13.5 FTE'S) Math Academy (6 FTE 'S) High School 7(h Bell staffing (25 FTE'S) Custodial substitute pool (10 FTE'S) Capital Program Items: Expanded City Jail Juvenile Detention Facility 2006 new elementary school 2004 College Park elementary addition Buckner Blvd. Extension Corporate Landing Blvd./Culver Lane Library Costs in excess of repairs Celebrate 2000 (plant 2000 trees in year 2000) Lynnhaven Boat Ramp/Beachfacility Norfolk Avenue Trail Ferrell Parkway Cost Participation, Phase VI Sandbridge Road Safety improvements Community Color Project $ Unknown at this time $ Unknown $ Unknown $ Unknown $57 MILLION over 4 years ($19 MILLION in Charter Bonds, $1.5 MILLION in FY ending Balance $ 9.88 MILLION ($6.7 MILLION local $) $12,414,668 (years 5 & 6 ofCIP) (Charter Bonds) $ 2,531,646 (years 4 & 5 ofCIP) (Charter Bonds) $ 1.0 MILLION (Charter Bonds) $ 2.03 MILLION (Charter Bonds) $ 3 MILLION over 4 years est. (Charter Bonds and fund balance) $ 150,000 (General Fund) $ 1,050,000 (current revenue &fund balance) $ 150,000 (city share only) $ 2.9 MILLION over 2 years (Charter Bonds) .645 MILLION over two years (Current Revenue) 100,000 (Current Revenue) $ $ April 13, 1999 -9- BUDGET WORKSHOP REVENUES AND EXPENDITURES ITEM # 44828 (Continued) List of Potential Desired Additions ITEM CAPITAL OPERATING FTE'S General Booth Fire Station $ 2.5 MILLION $ 1.15 MILLION 27 Princess Anne Library * $ 4.2 MILLION $ 1.3 MILLION 22.5 Green Run Library* $ 4.2 MILLION $1.3 MILLION 22.5 Virginia Marine Science Museum- $ 0.25 MILLION Revenue Loss (from State) Additional Fire Fighters $ 0.6 MILLION 15 Ocean Park Fire Station Planning Unknown Bow Creek Motel Additional $ 0.2/$0.4 MILLION Acquisition Costs Acquisition of site for Sandbridge $ 0.8/$1 MILLION Fire Station on barrier island (if donated site not accepted) ODU/NSU Graduate Center $ 1 MILLION Computers Croatan Point bulk heading, $ 0.36 MILLION dredge site and landscaping Increased infrastructure $ 1 MILLION maintenance (preliminary recommendation committee report to Council on April 16, 1999) * Capital funding includes $1. I-MILLION for initial purchase of books The cost of the actual relocation of Building Maintenance/Landscape Services will be provided. If it is decided that the City should not lease, but construct a library in Bayside, the Plan that was included in the 1998 Referendum in that case would be followed, which was for a 27,000 square foot facility which would encompass both the Library and Police Precinct on the existing site. Both of the existing buildings would be demolished and a new facility built. If this is the direction. City Council pursues, then approximately $4-MILLION must be added to the CIP for construction purposes. At the same time, approximately $150,000, currently in the General Fund, is freed which was initially for the lease payments. One of the important developments discussed in the key dates is the development of the lottery funds and the commitments made because of the lottery funds. In developing the school Modernization Plan, thejoint committee used an estimate offirst-year lottery funds of$8.77-MILLION, second year funds of$8.61-MILLION, declining about 2% per year thereafter. This was based on the Governor's proposed budget. Th e joint committee also established the principle that all lottery funds would be used for modernization, a principle adopted by the Board and Council along with the overall funding plan for modernization. The final actions of the General Assembly increased the amount to $9. 87-MILLION in the first year and $9. 73-MILLION in year two. With the Governor's approval of the Biennium budget and the completing of the Veto Session, the stafJis confident of the availability of these funds. Thus, the City expects to receive about $1. I-MILLION per year more in lottery funds than was known to the Modernization Committee at that time. In the CIP before the Council, all lottery funds are dedicated to the modernization program. If the $1.1-MILLION per year is to be reprogrammed to technology, adjustments in the overall modernization program would have to be made to ensure the City remained within the eight (8) year funding goal. April 13, 1999 -10 - BUDGET WORKSHOP REVENUES AND EXPENDITURES ITEM # 44828 (Continued) The Bayside bid for modernization came in under approximately $11/2-MILLION Mr. Tony Arnold was concerned relative the cost factors associated with Thalia and Shelton Park. A portion of that savings was reprogrammed to provide a cushion for Thalia and Shelton Park. Since then, the Creeds bid has come in and was within $50,000 of their budget. Mr. Arnold was requested not to advertise either the Shelton Park or Thalia Schools until after the Veto Session, as both those schools are dependent on lottery funding. This past weekend, Mr. Arnold advertised these bids. The bids for the high schools were also very good and he will be reporting same to the School Board on April 20, 1999. Mr. Block advised the negative impact of an accelerated or expanded Balkan conflict has not been considered. Such an event would dramatically reduce revenues perhaps by as much as $10-$12-MILLION The staff has also not factored into sales tax data the potential but unknown impact of MacArthur Mall. The Community Services Board is currently continuing its analysis of changes in State funding/reimbursements for services and the potential impact on the Bonney Road Complex. Potential recommendations will, in all likelihood, include significant capital costs presented to City Council on May 4, 1999, and would need to be considered as additions/amendments to the Capital Budget. A detailed list will be provided of the Reservesfor Contingencies, i.e.fundingfor Juvenile Detention Costs, which might exceed the budget. Relative the Southeastern Parkway Project, Charter Bonds were programmed over the 6-year period of the Capital Improvement Program and this was reduced from $57-MILLION down to approximately $17 or $18-MILLION. Mayor Oberndorf referenced the "fenced"funds i.e. Tourist Growth Investment Fund, Amusement Tax, Room Tax, Meal Tax. These were all "fenced" to perform the improvements to that portion the City relied upon as the Resort Area. Revenue was fenced. when the formula was derived for schools. The Special Tax District in Sandbridge and the Agricultural Reserve Program also exists. Mayor Oberndorf inquired relative the other fencedfunds. Mr. Block referenced page 1-50 of the Operating Budget. These reflect taxes dedicatedfor specific purposes. All of the Amusement Tax is dedicated to TGIF. In the case of the hotel room tax, it is spread across several actions (TGIF, General Fund, Tourism Advertising Program and Beach Events). The restaurant meal tax is predominately in the General Fund with 'l2 cent to TGIF and Tourism Growth and Advertising Fund. The cigarette tax (7 cents a pack) is only dedicated to the Economic Development Investment Program. The Sandbridge Special Service Tax District is separate and represents a new revenue source for sand replenishment. Permission was received to impose an additional lodging tax of 5 cents and a 12-cent increase in the real property tax rate. The City Council recently established a tax incrementjinancing (TIF) district in Sandbridge in order to capture the increases in assessment and new growth, which might occur as a result of City Council's actions to improve the beaches and to provide for environmental protection with the new sewage systems to the Sandbridge community. Mr. Block also referenced the. 7 cents within the real property tax, approved in 1988, which was committed to ongoing park development. Mayor Oberndorf referenced a citizen's correspondence who advised there were certain exemptions to the telephone fee: Virginia Universal Service Plan Line, Watts Line, Special Access Lines, all 800 numbers, off-premises extension lines, all lines utilized by telecommunications providers and commercial radio service mobile lines. Mr. Block advised he will investigate same. At least for the next two years, the fee should remain a minimum of fifty cents. The phone company will invest the funds before remitting to the City. Mr. Block advised the phone company is required to give the City the funds every quarter. The City Attorney will respond whether a special assessment against the right-of-way users might be enacted. April 13, 1999 -11 - BUDGET WORKSHOP ECONOMIC VITALITY/QUALITY PHYSICAL ENVIRONMENT ITEM # 44829 The story of the Budget is "good news". The Agricultural Reserve Program with the combination of transition zones and minimizing density increases in the north, providing adequate infrastructure of roadways have resulted in significant steps in the last 'half decade to manage growth. The Green Line has been sustained over 20 years. This is an urban services boundary and has worked effectively in that regard to manage sprawl. Managing sprawl is saving money. Mr. Block cited the aspects of Economic Vitality: Agriculture Reserve Program Resort Area Entertainment Events - funded through TGIF Neighborhood Programs Marketing Virginia Beach for amateur sports events -funded through increased revenues Beach Erosion Control and Hurricane Protection Project Atlantic Avenue Trolley Lanes Design for possible expansion of the Virginia Marine Science Museum -funded through state funds EDIP - funded through cigarette tax Relative Quality Physical Environment, which consists of Planning, Public Utilities and Public Works, SPSA charges increased due to tonnage and the amount going to the Landfill. The City has been successful with the recycling program. Closing of Phase 1 of the landfill has been budgeted. There will be planning activities in the upcoming fiscal year with the real impact coming in the following year in the range of $2 Yz to $3 MILLION The City is reviewing increased inspection capacity for commercial and residential buildings and for plan review. New software is also proposed in this Budget which will greatly improve the access ability of developers and contractors to be able to schedule their inspection and find out the results on-line. In some instances, the permits will actually be issued on-line. An increase in the development related fees has been requested to offset these costs. The builders who will benefit from improved services are payingfor these services. A staff member is being added to the Mosquito Control Board in the Public Works Departmentfor Vector Control (control of rats}. Mr. Block referenced the road improvements: Corporate Landing Parkway/Culver Lane, Sandbridge Road, Buckner Road Extension, Salem Road, Laskin Road Gateway and Laskin Road II, Princess Anne RoadlKempsville Intersection and Great Neck Road/I-2M Interchange. Councilman Branch advised relative the Corporate Landing Parkway/Culver Lane project, this cuts through a currently zoned retail space and he hopes this can be investigated as "office" rather than "retail". Mr. Scott displayed the Ferrell Parkway Phase V/Seaboard Road location. There are funds to perform two additional studies and he tentatively suggested Holland and Salem Roads. Council Lady Henley referenced the need to address the Ferrell Parkway versus Sandbridge Road issue. It is her understanding because of the Ferrell Parkway eminence in Ferrell VI, this issue needs to be decided. As this major piece of property is going to develop, the owner needs to know what the City is going to do with the alignment and has offered a cost participation. There is also the outstanding issue of the offer of the land swap with the refuge. The City Manager advised budgeted within the CIP is $2.9-MILLION for a Cost Participation with the proposed developer. Yesterday, the City received an exhibit from the developer depicting that area and what is being proposed. A presentation will be scheduled for the City Council Session of April 27, 1999. April 13, 1999 - 12- BUDGET WORKSHOP ECONOMIC VITALITY/QUALITY PHYSICAL ENVIRONMENT ITEM # 44829 (Continued) Council Henley advised there are no projects programmed in the quadrant to the west of Princess Anne Road and the Municipal Center, the North Landing Road area, West Neck Road, Indian River Road, etcetera. There are major pressures for development in these areas. Council Lady Henley has received many citizen concerns. Council Lady Henley expressed concern relative Homeowner Associations and believes the City needs to have more oversight in their establishment. Vice Mayor Sessoms advised the Paratransit service would be maintained at the same level. Assistance has been provided by the Federal Government. April 13, 1999 -13 - CITY COUNCIL BRIEFING VIRGINIA BEACH MUNICIPAL GOLF COURSE 12:45 P.M. ITEM # 44830 Susan D. Walston, Chair - Virginia Beach Golf Course Task Force, recognized members of the Parks and Recreation Commission Golf Committee in attendance: Herb Culpepper - Chair, J. Fletcher Bryant - also Executive Director - Virginia Beach Golf Association and Ray Marion. Patricia Phillips - Director of Finance, Sara Hensley - Acting Director of Parks and Recreation., Barry Frankenfield - Planner, Parks and Recreation and Dick Nutter - Acting Golf Course Administrator were also in attendance. Three municipal golf courses are operated under the City's direction and guidance: Bow Creek: approaching 40 years came under operation in 1975. Kempsville Greens: 45 years with the City undertaking operation in 1987. Redwing: approaching 30 years. These three courses operate within an Enterprise fund that is self-supporting and revenues generated annually at the course cover the course operations: approximately $150,000 in indirect charges to the City to pay for City support, over $200,000 in Capital Improvement to the course and $200,000 in debt service for Redwing's portion of the Camp Pendleton property purchase. Additionally the Enterprise Fund contributes approximately $85,000 to the Tourism Growth and Investment Fundfrom sports participatory taxes. The Virginia Beach Golf Association represents over 6 courses and over 600 lodging rooms to promote Virginia Beach as a "golf destination". The Arthur Hill's design for Redwing renovation and expansion has progressed to 25% complete. The National Golf Foundation has completed their study of the Municipal Courses. The Parks and Recreation Commission reviewed this report and made recommendations. Mrs. Walston introduced Angelo Palermo - National Golf Foundation. This organization was formed in the late 1930's to promote the game ofgolf. Angelo Palermo presented a summary of the study commissioned through McKenzie and Company who performed a strategic prospective on the future of golf. The conclusions of the study advised: "Golf has enjoyed explosive growth. Over the last fifty years, the game and the business of golf have grown enormously. The game has been transformed from a sport enjoyed by afew to one enjoyed by a broad cross section of society. Over the more recent past, there has been strong growth in industry revenues. There are some recent factors hindering the growth although the industry has gained 1.5 to 3-MILLION new golfers per year, it has also lost about an equal number through afailure to convert interest into commitment. This implies that the industry has not been able to effectively deliver an experience that stimulates more golfers to stay with the game nor has the industry provided an experience that motivates the average golfer to play more. The strong economic growth and the business of golf over the past decade has been driven by increases in per capita spending. As important as they have been to the economic growth of the industry, future increases will be difficult to sustain in the absence of growth in the number of golfers and the number of rounds that they play. Though there are wide variances by locale on balance, the recent explosive growth of new golf courses has outpaced the growth of new golfers resulting in fewer golfers per course. From a business standpoint, this excess supply has meant declining utilization rates for golf courses. The study goes on to say that the future of golf is healthy, but can even be stronger. Over the next decade, the combination of both natural population growth and favorable demographic changes almost ensures that the number of golfers and rounds played will continue to grow at steady rates of 1 to 2% per year. This is healthy growth, but it is not that strong. This exists though a huge latent demand of 41-MILLION golfers who want to play or play more often. The stimulation of even a small portion of this demand reservoir could translate the growth rates in rounds played to 3% or 4% a year. Tapping into these, 41-MILLIONpeople will require more effective programs, i. e. for women andjuniors; targeted products, meaning more and better learning and practice facilities; dynamic pricing either by the time of the day, the frequent player programs, etc.; improved instruction; and, greater reinforcement of golf's traditions and etiquette. Achieving 3% to 4% annual growth rates in rounds played will require that industry stakeholders, especially golf facilities, undertake aggressive individual efforts to address barriers to more play and grow the ranks of committed golfers. " This spells out the challenge before the City of Virginia Beach. Mr. Palermo believes management of golf facilities are critical to future success. The City should do everything in its power to keep the City course under their control. He does not think giving courses up to privatization will achieve the goals in a timely manner. Only a small percentage of the golf course budget is discretionary spending. The remainder is an obligation which must be met. The discretionary spending is the funds that must go into those items which influence the quality of the golf course. A fair and equitable fee schedule is critical to the success of the operation. April 13, 1999 -14 - CITY COUNCIL BRIEFING VIRGINIA BEACH MUNICIPAL GOLF COURSE ITEM # 44830 (Continued) There are a number of facility deficiencies found in the City's golf courses. In order to be competitive, those deficiencies must be overcome and the quality of the product has to be improved. The product has to be physically upgraded and there has to be substantial increases in the quality of service, instruction programs and broader access to the golf courses. A major investment needs to be made to capital improvements and equipment, personnel and supplies. The consultant has calculated that the golf courses collectively can support approximately $6-MILLION in debt service and that amount of debt service will not impact the operating budgets of the golf courses. Mrs. Walston advised, with the presentation of the draft report and the finalization, the Golf Committee of the Parks and Recreation Commission reviewed and made recommendations. The Golf Committee's recommendations: Keep the Municipal Golf Courses under City operation. Provide a means to make funds available to the Enterprise Fund, to be repaid through generated revenues. Proceed with improvements, primarily first at Bow Creek and Kempsville Greens, while improving the playing conditions at Red Wing and to plan a staged development for Redwing based on the Arthur Hill Design. In the process address management practices, equipment inventory and staffing levels. Review the rate structure in order to support this. Therefore, after receiving the report and with input from the Parks and Recreation Commission, the staff offered the following recommendation as outlined in the Policy Report: Provide quality improvements to Bow Creek and Kempsville Greens, while enhancing quality of play at Redwing through increased maintenance, which do not interfere with the proposed Arthur Hill's design. The City continues its operation of the courses; however, delay major improvements to Redwingfor a period of up to two years. Management practices, policies and quality of customer services, staffing levels and expertise should be addressed. The needed equipment replacement is made. Increased fees should be reviewed to fund these improvements and a plan with a program of improvements at the courses should be reviewed. In conjunction with the Fiscal yhear 1999 -2000 Capital Improvement Program, existingfunds contained in the Redwing Expansion CIP Account be transferred to the CIP account which supports equipment replacement and infrastructure improvements. The needed equipment replacement be purchased. Proceed with addressing staff issues i.e. numbers, qualifications, training opportunities, current service contracts. Effective July 1, 1999, recommend initiating a modest green fee increase of $1.00 per round. The last fee increase was in 1997 and at that time, it was projected that fees would incrementally increase approximately $1.00 per year. A detailed improvement plan will be presented as part of the FY 2001 Capital Improvement Program Budget submission, which will be forwarded next year and completed in the Fall. Monitoring and evaluating the golf development occurring, which takes into account the market based on the new course openings (Heron Ridge, TPC, and others in the surrounding communities) and allows the staff to evaluate the efforts of the Virginia Beach Golf Association, who are working in concert with the City to promote golfing packages. April 13, 1999 - ]5 - CITY COUNCIL BRIEFING VIRGINIA BEACH MUNICIPAL GOLF COURSE ITEM # 44830 (Continued) As far as movingforward with improvements for Bow Creek and Kempsville Greens, this would encompass approximately $l.8-MILLION each. The plan would be addressing the issue of approximately $4- MILLION, which is projected to come forward with the Capital Budget discussions in the next budget cycle. Mrs. Walston advised since many of the scheduled improvements to Redwing have not occurred as originally proposed, the Golf Association, in concert with their hoteliers, is not sending golfers to Redwing. It is not playing a major role of the current inventory of courses for the Golf Association. The five golf courses included in the major package are: TPC, Heron Ridge, Cypress Point, Honey Bee and Hell's Point. Mayor Oberndorf expressed appreciation for the report and advised of the many advocates who have written, called and lobbied not to have privatization of the golf courses. The retired community is very vocal. April]3, ]999 -16 - AGENDA REVIEW SESSION 1 :32 P.M. ITEM # 44831 [1. Ordinance to REPEAL the Public Rights-of-way Use Fee adopted by City Council 9 March 1999; and, directing the City Manager to find a continuing source of revenue within the City's Budget re fulfilling the City's commitment to the School Board to fund acquisition and replacement of instructional technology hardware. (Sponsored by Mayor Meyéra E. Oberndorf) This item will be discussed during the Formal Session. ITEM # 44832 [6. Ordinance to authorize temporary encroachments into portions of the City's rights-of-way: a. Mediterranean Avenue, 14th Street and 16'h Street by Virginia Beach Pentecostal Church of Christ re erection and maintenance offour directional signs (BEACH - DISTRICT 6) This item will be DEFERRED for two weeks, with applicant's concurrence. ITEM # 44833 [10. Ordinance granting operation of Open Air Cafes in the Resort Area: b. RENEWAL FRANCHISES (1) Seashore Management, LTD T/A Hilton Inn/Laverne's Café (2) Fogg's Seafood Company T/A Waterman's Café (3) Herrengarten, Inc. T/A Cities by the Ocean (4) Jefferson Savings & Loan Association T/A Howard Johnson/ Boardwalk Deli (5) Ocean Front Snacks T/A Ocean Isle Café (6) Athena Enterprises, Inc T/A King of the Sea Restaurant. (7) Colonial Inn, Inc. T/A Cary's Café (8) Theme Restaurants, Inc. T/A II Giardino Ristorante (9) Econo Lodge Oceanfront, Inc T/A Fish Bones Restaurant, Inc. Council Lady Parker advised she will abstain on Item b.l and 7. Item b.3 (Herrengarten, Inc.) has agreed the music will cease at 10:00 PM). April 13, 1999 - 17- A GENDA REVIEW SESSION ITEM # 44834 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: ORDINANCES 1.2. Ordinance to AMEND and REORDAIN Section 23-26 of the City Code re prostitution generally. 1.3. Ordinance to APPROPRIATE $34,956 from the Parks and Recreation Gift Fund to the FY 1998-1999 Park<; and Recreation Operating Budget re use of accumulated donations for special events, recreation supplies, printing and binding services and other activities, as may have been designated by the donors. 1.4. Ordinance to TRANSFER of$375,000from the Instructional Category to the Transportation Category within the FY 1998-1999 School Operating Budget re replacement of aging school buses. 1.5. Ordinance to TRANSFER $227,879 from Eastern Branch Lynnhaven River Dredging (CIP #7-712) to Western Branch Lynnhaven River Dredging (CIP#8-109) re providing sufficientfunding to dredge a channel in the Western Branch of the Lynnhaven River. 1. 6. Ordinances to authorize temporary encroachments into portions of the City's rights-of-way: a. Mediterranean Avenue, 14th Street and 10h Street by Virginia Beach Pentecostal Church of Christ re erection and maintenance offour directional signs (BEACH - DISTRICT 6) b. Great Neck Road and city easements at 1901 Thomas Bishop Lane by Charles E. and Kim D. Basnight re construction and maintenance of a pier and boat lift (LYNNHA VEN - DISTRICT 5). 1. 7. Ordinance to declare a portion of 1665 Indiana Avenue as EXCESS PROPERTY; and, authorize the City Manager to convey said property in the manner he deems in the best interests of the City (BEA CH - DISTRICT 6).to Curtis Pendergrass. 1.8. Ordinances to authorize the acquisition of property infee simplefor right- of-way and temporary and permanent easements, either by agreement or condemnation: a. Hungarian Road (CIP #2-021.11) (PRINCESS ANNE- DISTRICT 7). b. Sandbridge Drainage Improvements (CIP #7-144) (PRINCESS ANNE - DISTRICT 7). 1.9. Ordinance to authorize the City Manager to enter into a one (I)-year contract with KPMKG Peat Marwick UP for an independent audit of the City of Virginia Beach; and, renew the contract, subject to appropriations availability,for a second and additional years thereafter, not to exceed two one-year periods, subject to an increase in cost for each of those years not to exceed four percent. (4%).. April 13, 1999 -18 - AGENDA RE VIE W SESSION ITEM # 44834 (Continued) II 0 Ordinance granting operation of Open Air Cafes in the Resort Area: a. NEW FRANCHISES (1) Virginia George Company, Inc. T/A Dough Boys California Pizza (2) Calabrese Management Group, Inc. T/A Fish Bones Restaurant (3) Planet Pizza, Inc. T/A Fish Bones Restaurant (4) Sunstations, Inc. T/A Haagan-Dazs (5) Leeward Princess Ann Investment Association, LLC T/A Marriott Courtyard Virginia Beach Oceanfront (6) Loco, LLC T/A Luna Sea Cantina Mexacali Atlantic Avenue Sidestreet Café 1700 Atlantic Avenue Atlantic Avenue Sidewalk Café 812 Atlantic Avenue Atlantic Avenue Sidestreet Café 812 Atlantic Avenue Atlantic Avenue Sidestreet Café 2100 Atlantic Avenue Boardwalk Café 2500 Atlantic Avenue Atlantic Avenue Sidestreet Café 206 22nd Street 1.10. Ordinance granting operation of Open Air Cafes in the Resort Area: b. RENEWAL FRANCHISES (1) Seashore Management, LTD (2) Fogg's Seafood Company (3) Herrengarten, Inc. (4) Jefferson Savings & Loan Association (5) Ocean Front Snacks (6) Athena Enterprises, Inc (7) Colonial Inn, Inc. (8) Theme Restaurants, Inc. (9) Econo Lodge Oceanfront, Inc T/A Hilton Inn/Laverne's Café T/A Waterman's Café T/A Cities by the Ocean T/A Howard Johnson/ Boardwalk Deli T/A Ocean Isle Café T/A King of the Sea Restaurant. T/A Cary's Café T/A II Giardino Ristorante T/A Fish Bones Restaurant, Inc. Item 1.6.a. will be DEFERRED TWO WEEKS, BY CONSENT. Council Lady Parker advised she will abstain on Item b.1 and 7. Item b.3 (Herrengarten, Inc.) has agreed the music will cease at 10:00 P.M). April 13, 1999 - 19- AGE N DA REV I E W S E S S ION ITEM # 44835 J.l. Ordinance in the Petition of LADM ASSOCIAT4ES, LLC, a Virginia Limited Liability Company, LENA SANCILIO and CONTRACTOR'S PAVING COMPANY, INc. for the discontinuance. closure and abandonment of a portion of Avenue E beginning 337.93 feet South of Bonney Road and running 899.85 feet in a Southerly direction to the Northern boundary of the Virginia Beach-Noifolk Expressway, containing 30,094 feet (ROSE HALL - DISTRICT 3). Vice Mayor Sessoms will ABSTAIN as his bank does business with the applicant ITEM # 44836 J.4. ApplicationofTIDEWATERIMPORTS,INc.fora Conditional Use Permit for motor vehicle sales and service at the Northeast corner of Holland Road and Diana Lee Drive (3496 Holland Road), containing 4.218 acres (ROSE HALL - DISTRICT 3). Council Lady McClanan wished this be discussed during the Formal Session. Council Lady McClanan wished a condition added concerning removing one of the signs. Council Lady McClanan also expressed concern relative a hole in the ground behind the property next door to the applicant. Karen Laslie, Planning Co-Oordinator, advised the intent is to pipe the drainage ditch in the back. This was relative the condition of the 15-foot buffer. J.8. ITEM # 44837 Application ofZ-l COMMERCIAL PROPERTIES, LL C, for a Chanf!e of Zoninf! District Classification from 1-1 Light Industrial District to Conditional B-2 Communitv Business District at 820, 830 and 840 South Military Highway and 6404 Indian River Road, containing approximately 4.2 acres (CENTERVILLE - DISTRICT 1). Council Lady Eure expressed appreciation to the staff for their hard work. A color rendering of this application is available. ITEM # 44838 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA. J.l. J.2. ~--_. Ordinance in the Petition of LADM ASSOCIAT4ES, LLC, a Virginia Limited Liability Company, LENA SANCILIO and CONTRACTOR'S PA VING COMPANY, INc. for the discontinuance. closure and abandonment of a portion of Avenue E beginning 337.93 feet South of Bonney Road and running 899.85 feet in a Southerly direction to the Northern boundary of the Virginia Beach-Noifolk Expressway, containing 30,094 feet (ROSE HALL - DISTRICT 3). Application of The Franciscus Company for an Amendment to The Green Run Land Use Plan to allow an automobile service station in corifunction with a convenience store at the Northeast corner of Lynnhaven Parkway and Windmill Point Crescent, containing 1.663 acres (ROSE HALL - DISTRICT 3). April 13, 1999 J.3. J.5. J.6. J. 7. J.8. - 20- A GENDA REVIEW SESSION ITEM # 44838 (Continued) Application of DONALD BERGERfor a Conditional Use Permit for indoor recreation (billiards) on the North side of Pembroke Boulevard, West of Independence Boulevard (4616 Pembroke Boulevard), containing 1.35 acres (LYNNHAVEN-DISTRICT5). Application of SPRING BRANCH COMMUNITY CHURCH for a Conditional Use Permit for a church on the East side of Great Neck Road, North of Harbor Lane (1510 Great Neck Road), containing 9.250 acres (LYNNHA VEN - DISTRICT 5). Application of SAINT AIDENS EPISCOPAL CHURCH for a Conditional Use Permit for a church at the Southwest corner of Edinburgh Drive and Kings Grant Road (3201 Edinburgh Drive), containing 3.566 acres (LYNNHA VEN - DISTRICT 5). Application of CITY OF VIRGINIA BEACH for a Conditional Use Permit for a commercial/municipal parkiml lot at the Northeast corner of Atlantic Avenue and 3()1h Street (3003 AtlanticAvenue), containing 1.03 acres (BEACH-DISTRICT6). Application ofZ-l COMMERCIAL PROPERTIES, LLc,for a Chan~e of Zoninv District Classification from I- 1 Li~ht Industrial District to Conditional B-2 Communitv Business District at 820, 830 and 840 South Military Highway and 6404 Indian River Road, containing approximately 4.2 acres (CENTERVILLE - DISTRICT 1). Vice Mayor Sessoms will ABSTAIN on Item I1. April 13, 1999 - 2] - CITY COUNCIL COMMENTS 1 :40 P.M. ITEM # 44839 Councilman Jones referenced calls from a number of citizens in the Pembroke Area relative the Commissioner of Revenue's revelation pertaining to the admissions tax. Councilman Jones requested the City Manager and City Attorney review the subject of admission tickets actually being given away to charities and, therefore, there is no revenue is involved. Councilman Jones requested an amendment to the ordinance where the tax not be implemented on these charitable tickets. Councilman Branch referenced concern of one of the businesses who does an abundance of charity work. His business received a $19,000 tax bill. Councilman Branch inquired if this Ordinance would be retroactive. The City Attorney advised it is possible to attach a retroactive provision. Councilman Harrison suggested another alternative would be to collect the tax and then approve a refund. The City Attorney advised he would prefer to take the retroactive approach. Councilman Heischober said a "barter" situation involving an exchange of tickets for goods and services would be the difficult part. The City Attorney advised wherever there is a bargain for goods and services, they would not be exempted from the tax. April]3, ]999 - 22- ITEM # 44840 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, April]3, 1999, at ]:47 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 April 13, ]999 - 23- ITEM # 44841 Mayor Meyera E. Oberndorf, entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion or consideration of 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: Medical College of Hampton Roads Minority Business Council PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). To-Wit: 16th Street Pump Station - Tradewinds Hotel LEGAL MATTERS: Consultation with legal counselor briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344(A)(7). To- Wit: 16th Street Pump Station - Tradewinds Hotel Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 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 April 13, 1999 - 24- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL April 13, 1999 2:10P.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, April 13, 1999, at 2: 1 0 P.M. Council Members Present: 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 Absent: None INVOCATION: Reverend Chris Xenakis Bayside Christian United Church of Christ PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer ofWachovia Bank, disclosed he would ABSTAIN on Item J1. (LADMASSOCIATES, LLC, SANCILIO, CONTRACTOR 'SPA VING COMPANY, INC)., and 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 I letter of January 4, 1999, is hereby made a part of the record. April 13, 1999 - 25- Item VII-E. CERTIFICATION OF EXECUTIVE SESSION ITEM # 44842 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council CERTIFIED THE EXECUTIVE 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 Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 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, Vice Mayor William D. Sessoms, Jr. and A. M "Don" Weeks Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III April]3, 1999 4~""\~ r4~,Y~'Ÿ. '2 Æéf "...~.~..',.'..".'....;'~J'" :>:.. .:~~-<: "õf. f- .~ Ž' (0 ~t U. !, s:' ". ~f;\ ", . ) ç. ~~ -, " ~ ~ '. ~ ....- ~ '" . ',".' "" "t". ,. ~ i) t 1;r ~.'t-~?';'; It-t 0,. ...- "'"' "'.... nUl! NA1\O '\r.........,.... Irønlutinu CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 44841, Page 23, 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 Executive 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 Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. ~~ R Hodges mlth, CMC/AAE City Clerk April 13, 1999 - 26- Item VII-F.1. MINUTES ITEM # 44843 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of April6,1999. 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 April 13, 1999 -27- Item VII-G.]. ADOPT AGENDA FOR FORMAL SESSION ITEM # 44844 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION Upon motion by Vice Mayor Sessoms, seconded by Councilman Weeks, City Council ADDED to the AGENDA: Ordinance to authorize acquisition of property/easements for construction of a pump station at 16th Street re Beach erosion controllhurricane protection by agreement or condemnation (Trade winds Hotel). Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M "Don" Weeks Council Members Voting Nay: None Council Members Absent: None April]3, ]999 - 28- Item VII-H.J. ACCREDITATION AWARD ITEM # 44845 Sara Hensley, Acting Director of Parks and Recreation, recognized members of the Parks and Recreation Commission in attendance: Dan H Brockwell, Chairman, Lillie R. Gilbert, Vice Chair, Walter W. Erb and John Fletcher Bryant. Chairman Brockwell advised Virginia Beach's Parks and Recreation Department was selected for the unique and beautiful Accreditation Award. This award speaks very well for Susie Walston, Sara and the staff of Parks and Recreation. All the members of the Parks and Recreation Commission met with the site evaluation team at the Oceanfront. The number one asset was the Parks and Recreation staff. The only item that was not addressed on the application was a requirement for physicals. April]3, ]999 - 29- Item VII-H.2. PRESENTATION ITEM # 44846 Bill Porte from James City Council PRESENTED: RESOLUTION OF APPRECIATION CITY OF VIRGINIA BEACH On December 24 and 25,1998, James City County experienced the most damaging ice storm in 25 years. The City of Virginia Beach volunteered to assist James City Council in carrying out the Debris Management Plan and sent personnel and equipment for a total of five days, including a combination of weekends and Holiday, between January 9 and February 6, ]999. James City County saved County taxpayers $]- MILLION through the collective efforts of assistance from the City and neighboring localities. Mr Porte stated he has had the pleasure to work with the different localities and the City of Virginia Beach should be very proud of its professional and dedicated employees. April]3, ]999 ---.. RESOLUTION OF APPRECIA110N CITY OF VI GINIA BE:AC WHEREAS, ON DEC!:MElEA 24 AND 25, I QQ9. ¡JAMES CITY COUNTY EXPERIENCED THE MOST t'AMAOINO ICE STOAM IN 2S YEARS; AND WHEREAS. IN ACCOROANCE WITH 'tHE COUNTY GOVEr'U"¡MENT MISSION TO WORK IN PARTNERSHIP WITH ALL COUNTY CITIZENS TO DEVELOP' A QUALITY COMMUNITY, THE: BOARD OF SUPERVISORS OEVELOptl::C A.DEeRIS MANAOEM!:NT PLAN TO ASSIST COUNTY HOMEOWNERS I", THE CISPOs,A,L OF STORM De:eRI~: AND WHEREAS, THE CITY OF VIRGINIA BEACH OAACIOUSLY VOLUNTEERED TO ASSIST JA IoIES CITY COUNiY IN CARRYING our THE DEBRIS MAHAOEMENT PLAN AND SENT P"ERSONNEL AND EQUIP"MENT Jl'OR A TOTAL OF FIVE CÞ,YS, rNCLUDINO A COrwtBINAT10N OF" WEEKENDS AND HOLIDAYS, BE:1WE:£N JANUARV g, I 009, AND FE8AUARY s. 1 99~; AND WHEREAS, ""AMES CITY COUNTY SAVED COUNTY TAXPAYERS $1 MILLION THROUOH THI!: COLLECTIVE EFFORTS AND ASSISTANCE F'ROM THE CITY OF' VIROINIA BEACH ANC OUR NEIGHBORINO LOCALmES. NOW, "THEREF"ORE, BE rr RE:SOLVED THAT THE BOARD OF SU aE"VI50R5 OF' ""AMES CITY COUNTY. VIRalNIA, DoES HERI!:BY THANK THE CITY OF VIRGINIA BEACH FOR ITS ASSISTANc::e: IN ptROVIClIHO PERSONNEL AND EQUIPMENT. BE IT FURTHER RESOLVED THA,. THE BOARD OF SUPERVISORS OF ""AMES CITY COUNTY, VIRGINIA, THANKS EACH OF THE I 1 VIRGINIA BEACH EMPLOYEES FOR THEIA EXC£LI-~HT AND PROFESSIONAL WORK IN ASSISTINO ~MES CITY COUNTY ClUAIHq CLEAN Up EF'P"ORTS. ~ / / ~ tJ;vd JA . E:CWAROS CHAI"MAN. BOARD OF' SUPE~VISOA$ SANFORD. WANNER CLERK TO THE BOARD ATTEST: ADOPTED BY THE BOARD orr SUPERVISORS THIS 9TH DAY Oil' MArtCH, I ggg. - 30- Item VII-I. ORDINANCES ITEM # 44847 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED IN ONE MOTION, Ordinances 2,3,4,5,6, 7,8 a/b, 9,10 a/b, 11 and 12b. Item 8 a was DEFERRED, BY CONSENT, two weeks until the 27 April 1999, City Council Session Item 10b.3 (Herrengarten, Inc.) was ADOPTED, BY CONSENT, with the stipulation the music cease by 10 P.M. Voting: 11-0 Council 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, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None Council Lady Parker ABSTAINED on Item lOb. 1, and 7. April 13, 1999 - 31 - Item VII-L ORDINANCES ITEM # 44848 The following registered in SUPPORT: Harry Ryto, 864 Old Virginia Beach Road, Phone: 428-2763 Marv E. Keefer, 4729 Eldon Court, Phone: 456-0007 The following registered in OPPOSITION: Diane Gillespie, 710 Winston-Salem Avenue Vice Mayor Sessoms PRESIDED OVER THIS PORTION OF THE MEETING: A MOTION was made by Mayor Oberndorf, seconded by Councilman Weeks to ADOPT an Ordinance to REPEAL the Public Rights-ol-way Use Fee adopted by City Council 9 March 1999; and, directing the City Manager to find a continuing source of revenue within the City's Budget re fulfilling the City's commitment to the School Board to fund acquisition and replacement of instructional technology hardware. (Sponsored by Mayor Meyera E. Oberndorf) A SUBSTITUTE MOTION was made by Council Lady Eure to DEFER to April 27, 1999 an Ordinance to REPEAL the Public Rights-ol-way Use Fee adopted by City Council 9 March 1999; and, directing the City Manager to find a continuing source of revenue within the City's Budget re fulfilling the City's commitment to the School Board to fund acquisition and replacement of instructional technology hardware. (Sponsored by Mayor Meyera E. Oberndorf). This deferral would be for the specific purpose of bringing forth a funding mechanism to City Council to support the school technology initiative by allowing the evaluation of the proposed Operating Budget and Capital Improvement Program as well as the School Board Budget to then determine the appropriate cost offunding the technology initiative. Motion LOST, as there was no second. Upon motion by Mayor Oberndorf, seconded by Councilman Weeks, City Council ADOPTED: Ordinance to REPEAL the Public Rights-of-way Use Fee adopted by City Council 9 March 1999; and, directing the City Manager to find a continuing source of revenue within the City's Budget re fulfilling the City's commitment to the School Board to fund acquisition and replacement of instructional technology hardware. (Sponsored by Mayor Meyera E. Oberndorf Voting: 6-4 Council Members Voting Aye: Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Voting Nay: Linwood O. Branch, IlL William W. Harrison, Jr., Louis R. Jones and Vice Mayor William D. Sessoms, Jr. Council Members Abstaining: Margaret L. Eure Council Members Absent: None Council Lady Eure ABSTAINED as she is not in a position to vote on this matter without determining if funds are available in the current budget. April 13, 1999 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 1 REQUESTED BY MAYOR MEYERA E. OBERNDORF AN ORDINANCE REPEALING THE PUBLIC RIGHTS-OF-WAY USE FEE ADOPTED BY CITY COUNCIL ON MARCH 9, 1999, AND DIRECTING THE CITY MANAGER TO FIND A CONTINUING SOURCE OF REVENUE WITHIN THE CITY'S BUDGET TO FULFILL THE CITY'S COMMITMENT TO THE SCHOOL BOARD FOR FUNDING THE ACQUISITION AND REPLACEMENT OF INSTRUCTIONAL TECHNOLOGY HARDWARE WHEREAS, the City Council hereby finds that (1) computer laboratories for students meet Technology to are necessary Standards of Learning mandated by the Commonwealth of Virginia and to help teachers Technology Instructional Standards for meet Personnel; (2) the maintenance of technology in school libraries, writing laboratories, and word processing laboratories is a major need in the School system; and (3) the School Division needs a systematic and reliable method for replacing outdated instructional equipment; WHEREAS, the City Council is fully committed to funding instructional technology in the public schools to the end that students in Virginia Beach have the opportunity to benefit from the advantages of modern technology in learning and preparing for the future; WHEREAS, the General Assembly has failed to provide an adequate, ongoing source of funding to meet the mandates imposed by the Technology Standards of Learning and the Technology Standards for Instructional Personnel; WHEREAS, on March 9, 1999, the City Council adopted an ordinance (the exchange "Ordinance"), requiring users of local telephone service to pay a fee (the "Fee") in the amount of fifty cents ($0.50) per month per access line; 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 WHEREAS, under State law, the Fee is the only means by which the City may legally be compensated for the use of the public rights-of-way by providers of local exchange telephone service; WHEREAS, the City Council directed in such Ordinance that the revenue from the Fee and interest thereon "shall be dedicated exclusively to acquiring and replacing computer equipment for school classroom and computer laboratory use;" WHEREAS, localities adopting the Fee are required by the General Assembly notify all providers of to local exchange telephone service of the adoption of the Fee by no later than March 15 preceding the fiscal year in which such Fee is to be effective; WHEREAS, prior to the adoption of the Ordinance imposing the Fee, the City Council held a public hearing on March 2, 1999, and allowed further public comment prior to voting on the Ordinance on March an which times there 9, 1999( appeared at be to approximate parity between those members of the public favoring the Fee and those opposing it; WHEREAS, since the adoption of the Ordinance, the public has made known to the City Council its overwhelming opposition to the Fee; and WHEREAS, in light of this opposition, it is the intent of the City Council to repeal the Fee and to direct the City Manager to find alternative funding sources in the City's annual budget for the School Division's instructional technology hardware needs. NOW/ THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH I VIRGINIA: That the Public Rights-of-Way Fee adopted by the City Council on March 9, 1999/ is hereby repealed; 2 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 BE IT FURTHER ORDAINED: That commencing with the Fiscal Year 2000 budget (July 11 1999 - June 301 2000) the City Manager is hereby directed to find a continuing source of revenue over an eight-year period from the City/s annual budget to fulfill the City/s commitment to the School Board for funding the acquisition and replacement of instructional technology hardware; and BE IT FURTHER ORDAINED: That the General Assembly is hereby urged to enact legislation during its 2000 session which will allow localities to charge and collect reasonable fees for the use of the public rights-of-way by providers of local exchange telephone service, and which will not allow such providers to simply pass such fees through their on a dollar-for-dollar basis to customers butt insteadl will require them to treat such fees as any other cost of doing business. Adopted by the Council of the City of Virginia Beachl Virginial on the day of A¡;>ril I 1999. 13 CA-99-7304 noncode\rwusefeel.res R-6 April 81 1999 3 - 32- Item VII-L2. ORDINANCES ITEM # 44849 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 23-26 of the City Code re prostitution generally. 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 April 13, 1999 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO PROSTITUTION GENERALLY 3 SECTION AMENDED: § 23-26 4 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 6 That Section 23-26 of the City Code is hereby amended and 7 reordained to read as follows: 8 Sec. 23-26. Prostitution generally. 9 (a) Any person who, for money or its equivalent, commits or performs fornication, any act in adultery, masturbationr or violation of Code of Virginia section 18.2-361, or offers to commit or perform adultery, fornication. masturbation, or any act in violation of Code of Virginia section 18.2-361, and thereafter does any substantial act in furtherance thereof, shall be guilty of being a prostitute, or of prostitution, which shall be a Class 1 misdemeanor. (b) Any person who offers money or its equivalent to another for the purpose of engaging in committinq or performing any sexual acta tt5 enumerated above and thereafter does any substantial act in furtherance thereof shall be guilty of solicitation of prostitution and shall be guilty of a Class 1 misdemeanor. Adopted by the City Council of the City of Virginia Beach on this 13th day of April, 1999. CA-6939 DATA/ODIN/PROPOSED/23-026.0RD PREPARED: April 6, 1999 R3 - 33- Item VII-L3. ORDINANCES ITEM # 44850 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to APPROPRIATE $34,956 from the Parks and Recreation Gift Fund to the FY 1998-1999 Parks and Recreation Operating Budget re use of accumulated donations for special events, recreation supplies, printing and binding services and other activities, as may have been designated by the donors. 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 April 13, 1999 --~._...... 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ---..... 1 2 3 4 5 AN ORDINANCE TO APPROPRIATE $34,956 OF FUND BALANCE FROM THE PARKS AND RECREATION GIFT FUND TO THE FY 1998- 99 PARKS AND RECREATION OPERATING BUDGET 6 WHEREAS, the Parks and Recreation Gift Fund annually 7 receives and cash donations from citizens for designated 8 undesignated purposes related to Parks and Recreation programs and 9 activities; and WHEREAS, the City wishes to use $34,956 of accumulated donations in the Gift Fund fund balance for a variety of purposes, including special events, recreation supplies, printing and binding services, and other Parks and Recreation activities, as may have been designated by the donor. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $34,956 is hereby appropriated from accumulated donations in the Parks and Recreation Gift Fund fund balance to the Parks and Recreation FY 1998-99 Operating Budget for a variety of purposes, including special events, recreation supplies, printing and binding services, and other Parks and Recreation activities, as may have been designated by the donor. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day of April, 1999. Requires an affirmative vote by a majori ty of the members of City Council. CA-7316 ODIN\NONCODE\PARKS & REC. GIFT FUND. ORD APRIL 5, 1999 R5 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: k4Utn-J~f~~"- ,ç; v Department of L -~~~,/ Management Serv.' - 34- Item VIl-L4. ORDINANCES ITEM # 44851 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to TRANSFER $375,000 from the Instructional Category to the Transportation Category within the FY 1998-1999 School Operating Budget re replacement of aging school buses. Voting: 11-0 (By Consent) Council 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, Vice Mayor William D, Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None April]3, 1999 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 2 3 4 5 AN ORDINANCE TO CONSENT TO THE TRANSFER OF $375,000 FROM THE INSTRUCTIONAL CATEGORY TO THE TRANSPORTATION CATEGORY WITHIN THE FY 1998-99 SCHOOL OPERATING BUDGET 6 WHEREAS, the School Board of Virginia Beach has, within 7 the resources FY 1998-99 School Operating Budget, identified 8 available to replace aging school buses; 9 WHEREAS, $375,000 of the necessary funds are in the Instructional category, requiring a transfer of these funds to the Transportation category; WHEREAS, pursuant to §22.1-89 of the Code of Virginia, the transfer of funds from one category to another requires the consent of City Council; WHEREAS, by resolution adopted March 16, 1999, the School Board formally requested the City Council to approve such a transfer; and WHEREAS, the City Council wishes to support the School Board's efforts both to address pupil transportation needs and stay within resource levels. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby consents to the School Board's transfer of $375,000 from the Instructional category to the Transportation category in the FY 1998-99 School Operating Budget. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day of April, 1999.~~~ SiGI'IATUI<E þX~~~~~~~ . C D[P/\:::r:,:,~¡'¡ CA-7326 ODIN\NONCODE\BUSES.ORD APRIL 5, 1999 R4 AP~':~'~ V[D !\r,::~ : . " SUffi(IE~ --:-:~~'~,'-~ Ci;:';f~-- -- A REQUEST OF THE VIRGINIA BEACH CITY COUNCIL TO APPROPRIATE CERTAIN FUNDS RESOLUTION \VHEREAS, the mission of the Virginia Beach City Public Schools, in partnership with our entire community, is to ensure that each student is empowered with the knowledge and skills necessary to meet the challenges of the future; and '\VHEREAS, budgetary constraints in recent years have precluded the purchase of sufficient buses to meet State guidelines for replacement of school buses; and \VHEREAS, the safety of students is always a primary concern of the Virginia Beach School Board and the School Administration; and \VHEREAS, the School Board reduced the $474,727,788 Operating Budget approved March 5. 1999 to $464,544,867 at the March 16, 1999 regular School Board meeting; and vVHEREAS, one of the items reduced to accommodate the reduction was a decrease in the number of replacement buses to be purchased with the FY 99/00 Operating Budget; and \VHEREAS, the School Board has identified funds with the FY 98/99 Operating Budget; now, therefore, be it RESOLVED: That the Virginia Beach School Board requests the Virginia Beach City Council to approve a categorical transfer in the amount of $375,000 from the Instructional Category to the Pupil Transportation Category to be used by the school division for the purpose of ordering replacement buses; and be it further RESOL VED: That the Superintendent is'directed to deliver directly to the City Manager a copy of this resolution and request that this transfer request be placed on the next available City Council Action Agenda; and, be it further RESOL VED: That a copy of this resolution be spread across the official minutes of this Board, Presented March 16, 1999 SEAL A nest: ~ J1-¡, /~ Dianne M. Page, Clerk f the Board ., - 35 - Item VI/-I.5. ORDINANCES ITEM # 44852 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to TRANSFER $227,879 from Eastern Branch Lynnhaven River Dredging (CIP #7-712) to Western Branch Lynnhaven River Dredging (CIP #8-109) re providing sufficient funding to dredge a channel in the Western Branch of the Lynnhaven River 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 April 13, 1999 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 1 2 3 4 5 6 7 8 9 AN ORDINANCE TO TRANSFER $227,879 FROM CAPITAL PROJECT # 7- 712, EASTERN BRANCH L YNNHA VEN RIVER DREDGING, TO CAPITAL PROJECT #8-109, WESTERN BRANCH L YNNHA VEN RIVER DREDGING, FOR THE PURPOSE OF PROVIDING SUFFICIENT FUNDING FOR DREDGING A CHANNEL IN THE WESTERN BRANCH OF THE L YNNHA VEN RIVER WHEREAS, the City Council first recognized the importance of Capital Project #8-109, Western Branch Lynnhaven River Dredging, in the FY 1989-90/1994-95 Capital Improvement Program by providing funding for a study; WHEREAS, after a difficult environmental review process, sufficient funding is available in the project to award the construction contract, but additional funding is needed to finalize temporary easement acquisitions and provide an appropriate amount of funds for contingencies; and WHEREAS, $227,879 of additional funding is available in Capital Project # 7- 712, Eastern Branch Lynnhaven River Dredging. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $227,879 is hereby transferred from Capital Project # 7-712, Eastern Branch Lynnhaven River, to Capital Project # 8-109, Western Branch Lynnhaven River Dredging, for the purpose of providing additional funding necessary for dredging a channel in the western branch of the Lynnhaven River. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day of Apr~l 1999. CA- 7332 DATA \ORDIN\NONCODE\DREDGING.ORD PREPARED: APRIL 2, 1999 R2 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: !ß~ J~ (V City Attorney' " " IV~ Co ~,~ ¿ell Management Services - 36- Item VII-L6.a. ORDINANCES ITEM # 44853 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED until the City Council Session of April 27, 1999: Ordinance to authorize temporary encroachments into portions of the City's rights-of-way: Mediterranean Avenue, 14th Street and 16th Street by Virginia Beach Pentecostal Church of Christ re erection and maintenance offour directional signs (BEACH - DISTRICT 6) Voting: 11-0 (By Consent) Council 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, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None April 13, 1999 - 37- Item VII-I.6.b. ORDINANCES ITEM # 44854 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize temporary encroachments into portions of the City's rights-of-way: Great Neck Road and city easements at 1901 Thomas Bishop Lane by Charles E. and Kim D. Basnight re construction and maintenance of a pier and boat lift (LYNNHA VEN - DISTRICT 5), subject to: The following conditions shall be required: 1. The temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval as to size, alignment and location. 2. The temporary encroachment herein authorized terminates upon notice by the City to the applicant and, within thirty (30) days after such notice is given, such temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 3. The applicant shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney'sfees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. 4. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 6. The applicant must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within the encroachment area. 7. Prior to issuance of a Right-of- Way Permit, the applicant must post sureties, in accordance with their engineer's cost estimate to the Development Services Center/Planning Department. 8. The applicant must obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant must also carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant must provide endorsements providing at least thirty (30) days/written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. April 13, 1999 - 38- Item VII-L 6.b. ORDINANCES ITEM # 44854 (Continued) 9. The temporary encroachment must conform to the minimum setback requirements, as established by the City. 10. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant for the use of the encroachment area the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the temporary encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 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 April 1 3, 1999 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 1 Requested by Department of Public Works 2 3 4 5 6 7 8 9 AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF THE RIGHT-OF-WAY OF GREAT NECK ROAD AND CITY EASEMENTS BY CHARLES E. BASNIGHT AND KIM D. BASNIGHT, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, CHARLES E. BASNIGHT AND KIM D. BASNIGHT, desire to construct and maintain a pier and boat lift into the City's rights-of-way and easements located at 1901 Thomas Bishop Lane. WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 2107, Code 0 fV irginia, 1950, as amended, to authorize a temporary encroachments upon the City's right-of-way and easements subject to such tenns and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in § § 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended Charles E. Basnight and Kim D. Basnight their heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment for a pier and boat lift in the City's right-of-way and easements as shown on the map entitled: "ENCROACHMENT REQUEST PROPOSED PIER & BOAT LIFT FOR CHARLES E. & KIM D. BASNIGHT THE REMAINDER OF LOT 4, HAMPSHIRE QUAY SUBDIVISION L YNNHA VEN BOROUGH VIRGINIA BEACH, VA," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those tenns, conditions and criteria contained in the Agreement between 30 31 32 33 34 35 36 37 38 39 40 the City of Virginia Beach and Charles E. Basnight and Kim D. Basnight, (the "Agreement") which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement. BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Charles E. Basnight and Kim D. Basnight and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day of April , 1999. CA- PREPARED: LDH VED AS TO CONTENTS C. O.vJS{!~ SIGNATURE M/¡'c LOÒf)ß~ /?m} !ii1ãt; DEPARTMENT APPROVED AS TO LEGAL SUFF IENCY AND FO 2 PREPARED BY VIRGINIA BEACH CITY A lTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58,1-811(oX3) AND 58.1-81 l(cX4) REIMBURSEMENT AUTIIORIZED UNDER SECTION 25-249 fI. . THIS AGREEMENT, made this I ¿ day of ~a /I" q c 'of / . 19!Ll, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and CHARLES E BASNIGHT AND KIM D. BASNIGHT, HUSBAND AND WIFE, THEIR, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as " THE REMAINDER OF LOT 4, HAMPSHIRE QUAY SUBDIVISION" and being further designated and described as 1901 Thomas Bishop Lane, Virginia Beach, Virginia 23454; and That, WHEREAS, it is proposed by the Grantee to construct and maintain a pier and boat lift, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right of way known as Great Neck Road and existing City easements "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee GPIN 1499-55-2782 permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ENCROACHMENT REQUEST PROPOSED PIER & BOAT LIFT FOR CHARLES E. & KIM D. BASNIGHT, THE REMAINDER OF LOT 4, HAMPSlllRE QUAY SUBDIVISION, L YNNHA YEN BOROUGH, VIRGINIA BEACH, VA (M.B. 108 PG. 24 & M.B. 182 PG. 12) DATE: SEPT. 25, 1998," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee~ and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, ITom and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. 2 -r-' ---.~- -- ,..,...-."-~- It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard, It is further expressly understood and agreed that the Grantee must obtain a permit fÌ'om the Office of Development Services CenterlPlanning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post sureties, in accordance with their engineer's cost estimate, to the Office of Development Services CenterIPlamúng Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. 3 ./4 It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes~ may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee~ and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Charles E. Basnight and Kim D. Basnight, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager 4 (SEAL) ATTEST: City Clerk . ¡{~, f). ß~ Kim D. Basnight . ST ATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of - , 19_, by , CITY MANAGER! AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: 5 ST ATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of - , 19_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF 1.lL~ (N If' CITY /e@{ Ji ~;:'\ OF (}A B ( tI ( d , to-wit: I H~ The foregoing instrument was acknowledged before me this ~ day of - ~~N,^- All '-I 19.:6, by Charles E. Basnight. My Commission Expires: f/D ..~f -0'7., 6 STATE OF ÙllL~ .N .,A CITY/COUPH-Y' OF V f:à ß~Þ (. t.}- , to-wit: The foregoing instrument was acknowledged before me this t t "tlL day of - ~ þ.c\J,AJ)fl.( . 19,ji, by Kim D. Basnight. My Commission Expires: /0,- )l -òl..- APPROVED AS TO LEGAL SUFFICIENCY -62' .~ / otary Public ~ APPROVED AS TO CONTENT " Iì ,f m\h C. ¿, CL,L){' (r'" TY REAL EST ATE AGENT 7 _.,-_...~...- 15 ~ J¿)Û - 2~' O¡;AC"" [ 1- - \ \ \ I oj '" <t W I~ ~; 'IßJ \ \ \ \ \ \ !:;, : : = .. .. .. "'0' "', .." ! ) "-) '. -" I " '. n ,,~ ~I .... 1- --- , '----- ~_ì' " " " " " " " " . " " " 'î - -," \ \ \ \ \ \ -" -- "\ '" C)\\ \ ~" . .. ..~,.. '" \ --,,--'-\ LOCATION MAP FOR~ ~",,::~,~~ \\ \ CHARLES E. & KIM D. BASNIGHT ~~ \ ¡) ENCROACHMENT INTO GREAT NECK ROAD ~ ; PROPERTY ADDRESS - 1901 THOMAS BISHOP .. I 0 LAN E". .. I: =1 .) 1'1 ,~~ \ SCALE: 1" = 100' \ \ ---'.. \ 99-1-648MONICMŒALEST A TI1HA YES PREPARED BY P;W ENe. DRAFT. 04-FŒ-1999 ~ TUNNEL CONN~CT5 TO LYNNHAVfN 5AY ON SOUTH 51DE OF NORTH G~AT NEC" ROAD. '" /"U(MMILN r e"!.l"t.AfNi (O!:\ I E\~~. rt.. f'.~h) LOT 4 2-51Y-Rr-5IDtNCt: (UNDeR CON5TR..) ~, .... ". J 'f "-- e,~~ c ,~-- ~..>..,. -~ 5r:io~ ~r..~ :S¡.í!ð' !) J oj,õo- t: 100.0'7' .~' ~' IJ¡:~INAGr Wo-Aelo/r, THOMAS BISHOP LANE LAY: N 3b°ti3.ðl' LON: W 7G.O3.ð" PLAN VI EW ~CALr". I. - 40' REV: MARCH 9, 19~~ GOVERNMENTAL PERM ITTI NG CONSULTANTS 417 I ~ourH~IO!: ROto.D VIRGI~J A 8EACH. VA 23451 PHONf:/f"AX: (757) 42ð-4245 VOIc.~ MAIL: (757) 626.G~ I I ENCROACHMENT REQUEST PROPO5ED FIER (. BOAT LIFT po~. CHAF:.Lrrl r. . KIM {}. ~A;,NIC;I'I r Tl"lr ~MAINDr.~ or Lor 4, 11AMf'5HI~ QUAY ::~U(;,¡Dlvr:;ION LYNNHAV~N DOROUGH VI~INIA ð(ACIl. VA (M.t). IOö t"G. 24 t. M.t). I ð2 f'G. I 2) DAT~: 5fM'. 2~:" í 9~ð - 39- Item VII-L 7. ORDINANCES ITEM # 44855 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to declare a portion of 1665 Indiana Avenue as EXCESS PROPERTY; and, authorized the City Manager to convey said property in the manner he deems in the best interest of the City (BEACH - DISTRICT 6) to Curtis Pendergrass 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 April 13, 1999 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 1 2 3 4 AN ORDINANCE DECLARING CERTAIN PROPERTY EXCESS AND AUTHORIZING THE CITY MANAGER TO DISPOSE OF SAME 5 the City WHEREAS, of Virginia Beach acquired 6 ownership of the following described property by deed recorded in 7 Deed Book 3989, page 0833¡ and 8 WHEREAS, the City Council is of the opinion that the 9 following described property is in excess of the needs of the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the following described property is hereby declared to be in excess of the needs of the City of Virginia Beach and that the City Manager is authorized to convey said property in the manner he deems in the best interests of the City of Virginia Beach reserving therein any and all easements pertaining thereto, and further that such property be declared in excess of the needs of the City and is more particularly described as follows: All that certain lot, piece or parcel of land situate in the City of Virginia Beach, Virginia, and being designated as "AREA TO BE DECLARED EXCESS 0.136 AC. = 5,924 SQ.FT." as shown on that certain plat entitled: "PLAT SHOWING EXCESS CITY OWNED DPROPERTY 1665 INDIANA AVENUE", a copy of which is attached hereto as Exhibit "A". 2. This parcel shall not be considered a stand alone building site. 3. This Ordinance shall be effective from the date of its adoption. Adopted by the Council of the Beach, Virginia, on the 13th day of April City of Virginia , 1999. (R/E File 99-018H) CA- 7 ~~1- PREPARED: LDH(3/9/99) ¡ t. ~~ I °'.°88 I ;') I '-- .~' I --- ", J= -, \ D í- II \ II Lx- ~- 5 IT E -~:;:~ -'.: .:.:::: :.~~, ~ ::¿: >~ .::~:v. ~.. u' . SO\lE : 1" = 1,600' : " ,/ 0 Q 1_____" - - --' D 0 D OI/Q 01 -\ I Q LOCATION MAP ---- I I I ' I tONSTRUCTION tt I RELOCATED , (o_c:~~~ - ~=~D~,7-- ------- ----- : I I "I { : I I ' , r\ 'I n' - -: - - - - - - _ft:J è(!. } ,.! ,"""" ~ --------- 1-.....;: I.~::,".', . ~!1,. I. t ",j. ". - ::-_---- 19,:/ , I' l)c~..\.'J~c~r':...I.,~r"'I.~L. <,,:::~~;,~~~~;,:,,".:-1 - U:.'/ ...... ... .. .,. Z.~l~',~~,-;;,-~, - - . .... ' 0 I .m_-...-"'.-.-'-. . ~- (.];: : ¡; I--- f : : : I ~~: : : I ~ /, I " L:i:: --,-~----- -~--------! I f : : -'oJ . , I : : : I : : : '_1--__~---.: -- ----------------, I ------ 10 < r I " ì \, II I ' I I I t C'LotÂilON 'MAp17oRlrJ [to I I EXCESS CITY OWNED PROPERTY D """" ~FORMERLY KNOWN AS u::- D It: 11665 INDIANA AVENUE II I!:-~-=-- RELOCATED OCEANA BOULEVARD: , ¡U: qPIN¡ #24P7-84~37.78 ¡ SOUTHERN BLVD. 0 0 . 0 ... ~ NORFOL /-- ------------------------ I SCALE: 1" = 1 00' I, , Oy--... 0 00 . \ I PREPARED BY PM' ENG. DRAFT. 04-FES-1999 ~ . D a- N m! ~ LEGEND .. PIN FOUND 153.26' . - ~ - ,~ ~ ~ ~ N/F CURTlS £. P£NO~.f9 0. 8. J487 Pg. s.~'7 . ., 2 Pg. <c /'8p.fO7-84 28921 IGPIN 0.143 Ac. .-/' /' // . ò / ~'. ~ g ~~ . . ~~ Ë ~..~//..»~'.~. E~ ~ / /' ~ . ~~.. N 10. % .~ ":P~. t'") .~ .' ~- b . . ",,0/ /'52 0 {:: /':: /0(.°2:07 'li-.17781 / / ~ . III g (GP(N, EXCESS I .' 0 ./' / E DECLARED ~ // :-;.:: z,/ AREA TO B = 5 924 SQ,Ff. F / ..; ./ 0.136 AC. '/ ./ , " // /ho.oo' . /' S89"27'32.W PIN (F) (40' R/W) INOIANA A \£ f>2 8.{.8. 2 Po. . PIN (F) EXHIBIT "An INO EXCESS PLAT SIIO~ PROPERTY CITY OWNrJ) VENtll': 1665 INDIANA A - - 40- Item VII-L8.a./b. ORDINANCES ITEM # 44856 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinances to authorize the acquisition of property in fee simple for right-of-way and temporary and permanent easements, either by agreement or condemnation: Hungarian Road (CIP #2-021.11) (PRINCESS ANNE - DISTRICT 7). Sandbridge Drainage Improvements (CIP #7-144) (PRINCESS ANNE - DISTRICT 7). Voting: ]]-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 April] 3, ]999 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR HUNGARIAN ROAD(CIP 2-021.11) AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS, EITHER BY AGREEMENT OR CONDEMNATION WHEREAS, in the opinion of the Cooocil of the City of Virginia Beach, Virginia, 8 a public necessity exists for the construction of this important roadway project and intersection improvements to provide transportation and for other public purposes for the 9 preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Cooocil authorizes the acquisition by purchase or condemnation pursuant to Sections 15.2-1901, et seq., Code of Virginia of 1950, as amended, of all that certain real property in fee simple, including temporary and pennanent easements and right-of-way (collectively the "Property") as shown on the plans entitled "Hoogarian Road Improvements CIP #20.021.11" (the "Project"), and more specifically described on the acquisition plats for the Project (collectively the "Plans"), the Plans being on file in the Engineering Division, Department of Public Works, City of Virginia Beach, Virginia. Section 2. That the City Manager is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in the Property. If refused, the City Attorney is hereby authorized to institute proceedings to condemn the Property. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day of April ,1999. APPR ED AS TO CONTENTS C. SIGNA TURE APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~¡¡~ CITY AITORNEY / /' /' /' / / / -- , \ \ I I , \ I- I I I \\ :\ 1 ' 1 : 'ì 1 ~ Y' '- Il 1 I I I ;;., 3272 3204 " I ~o ' E ",,: . I 1 I . I .1 .. 1 --------- ~ . . \\ (t.'., LOCATION MAP FOR r~ HUN GARIAN ROAD PREPARED BY P /W ENG. DRAFT. 3-30-99 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 AN ORDINANCE TO AUTHORIZE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS FOR SAND BRIDGE DRAINAGE IMPROVEMENTS, PRINCESS ANNE DISTRICT (CIP 7-144), EITHER BY AGREEMENT OR CONDEMNATION WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 8 public necessity exists for the construction of this important drainage project and 9 improvements to provide adequate drainage for the preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Council authorizes the acquisition by purchase or condemnation pursuant to Sections 15.2-1901, ~., Code of Virginia of 1950, as amended, of all those certain temporary and pennanent easements for Sandbridge Drainage Improvements, CIP 7-144 (collectively the "Easements") as shown on Sheets SS-1 through SS-7 and attached as a part of those certain project plans entitled "Sandbridge Vacuum Sewer, CIP 6-931, System #2 - Contract #4 - Bid #8227" (the "Project"), and more specifically described on the acquisition plats for the Project (collectively the "Plans"), the Plans being on file in the Engineering Division, Department of Public Works and the Engineering Division, Department of Public Utilities, City of Virginia Beach, Virginia. Section 2. That the City Manager is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in the Easements. If refused, the City Attorney is hereby authorized to institute proceedings to condemn the Easements. Adopted by the Council ofthe City of Virginia Beach, Virginia, on the 13 th day of April ,1999. APPRV2}:~T.Z'~ SIGNATURE J-' I'/W~ Æ'eJ ~,#if~ , DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM ?~wJ~ CITY A ITORNEY z,'-t 1 -\ J \ ) ~ ~ I ~ I --\ I ~~ ¡r . I~ (~ L-- -I CIP Section: Storm Water Business Area: Total Total Budget Programmed Appropriations Year 1 Year 2 Funds To Date FY 1998-99 FY 1999-00 1,181,625 0 0 Priorit : . Future Year 6 Funding FY 2003-04 Re uirement 0 Basis for Estimate Non-Applicable FY 1998-99 FY 1999-00 FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 0 0 0 0 0 0 Schedule of Activities Activity Inspections and Support Design Site Acquisition Private Utility Adjustments Construction Contingencies Total Budgetary Cost Estimate Total Non-Programmed Costs Total Programmed Costs From - To 01/97-09/00 01/97-01/99 06/98-06/99 04/99-10/99 09/99-09/00 01/97-09/00 Amount 97,000 105,500 100,000 25,000 700,000 154,125 1,181,625 0 1,181,625 Means of Financing FundinQ Source Storm Water Utility Fund Total Programmed Financing Future Funding Requirements Amount 1,181.625 1,181,625 0 Fiscal Year 1998-1999 1 Storm Water - 41 - Item VII-L9. ORDINANCES ITEM # 44857 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize the City Manager to enter into a one (I)-year contract with KPMG Peat Marwick LLP for an independent audit of the City of Virginia Beach; and, renew the contract, subject to appropriations availability,for a second and additional years thereafter, not to exceed two one-year periods, subject to an increase in cost for each of those years not to exceed/our percent. (4%). Voting: 11-0 (By Consent) Council 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, MayorMeyeraE. Oberndorf, NancyK. Parker, Vice Mayor William D. Sessoms, Jr. and A. M "Don" Weeks Council Members Voting Nay: None Council Members Absent: None April 13, 1999 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR AN INDEPENDENT AUDIT OF THE CITY OF VIRGINIA BEACH 6 WHEREAS, an independent audit of the City's finances at the end of each fiscal 7 year is required by the City Charter; 8 WHEREAS, a [mancial audit selection committee has prepared and distributed a 9 request for proposals ("RFP") for an independent audit of the financial statements of the City of Virginia Beach, including the School Division, for the fiscal years ending June 30, 1999, and 2000, respectively; WHEREAS, after evaluating the proposals, the selection committee has recommended KPMG Peat Marwick LLP to perform the independent audit; WHEREAS, pursuant to the RFP, the School Division intends to enter into a separate contract for this audit; and WHEREAS, sufficient appropriations have been provided for the City's audit in the FY 99 Operating Budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The City Manager is hereby authorized to enter into a one-year contract, in a form acceptable to the City Attorney, with KPMG Peat Marwick LLP for the performance of an independent annual audit of the financial statements of the City of Virginia Beach for the fiscal year ending June 30, 1999, at a total cost of $84,113. 2. The City Manager is hereby authorized to renew the contract, subject to the availability of appropriations, for a second year, at a cost of $75,310, and for additional years thereafter, not to exceed two one-year periods, subject to an increase in cost for each of those years not to exceed four percent (4 % ). Adopted by the Council of the City of Virginia Beach on the 13th day of April, 1999. CA-7335 ORDIN\NONCODE\INDEPENDENT AUDIT.ORD APRIL 6, 1999 R3 Approved as to Content: Approved as to Legal Sufficiency: 9:::::::! 41r ~ d F-/CZ - 42- Item VII-LIO.a. ORDINANCES ITEM # 44858 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance granting operation of Open Air Cafes in the Resort Area: a. NEW FRANCHISES (1) Virginia George Company, Inc. Atlantic Avenue Sidestreet Café T/A Dough Boys California Pizza 1700 Atlantic Avenue (2) Calabrese Management Group, Inc Atlantic Avenue Sidewalk Café T/A Fish Bones Restaurant 812 Atlantic Avenue (3) Planet Pizza, Inc T/A Fish Bones Restaurant Atlantic Avenue Sidestreet Café 812 Atlantic Avenue (4) Sunstations, Inc. T/A Haagan-Days Atlantic Avenue Sidestreet Café 2100 Atlantic Avenue (5) Leeward Princess Ann Investment Association, LLC T/A Marriott Courtyard Virginia Beach Oceanfront Boardwalk Café 2500 Atlantic Avenue (6) Loco, LLC Atlantic Avenue Sidestreet Café T/A Luna Sea Cantina Mexacali 206 22nd Street Voting: 11-0 (By Consent) 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, MayorMeyeraE. Oberndorf, NancyK. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None April 13, 1999 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 1 2 3 AN ORDINANCE GRANTING FRANCHISES FOR THE OPERATION OF OPEN AIR CAFES IN THE RESORT AREA (NEW FRANCHISES) 4 WHEREAS, the City has adopted, and incorporated into a 5 Franchise Agreement, regulations for the operation of open air 6 cafes on public property in the Resort Area; 7 WHEREAS, each of the following corporations/companies 8 (hereinafter an referred to "Grantees" ) has submitted as 9 application for the operation of an open air café at the location indicated, and has paid the required application fee: 1. Virginia George Company, Inc. T/A Dough Boys California Pizza (1700 Atlantic Ave) Atlantic Avenue Sidestreet Café 2. Calabrese Management Group, Inc. T/A Albie's Pizza (200 21st Street) Atlantic Avenue Sidewalk Café 3. Planet Pizza, Inc. T/A Fish Bones Restaurant (812 Atlantic Ave) Atlantic Avenue Sidestreet Café 4. Sunsations, Inc. T/A Haagan-Dazs (2100 Atlantic Ave) Atlantic Avenue Sidestreet Café 5. Leeward Princess Ann Investment Association, L.L.C. T/A Marriott Courtyard Virginia Beach Oceanfront (2500 Atlantic Ave) Boardwalk Café 6. Loco, L.L.C. T/A Luna Sea Cantina Mexacali (206 22nd St.) Atlantic Avenue Sidestreet Café WHEREAS, the representations made in the applications comply with the aforementioned regulations; and WHEREAS, the Visitor Department of Convention and Development and the Resort Advisory Commission have reviewed the applications and determined that the proposed cafes will have no detrimental effect on the public health, safety, welfare, or interest, and will enhance the festive atmosphere in the Resort Area. 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: 1. That a franchise is hereby granted to each of the above-listed Grantees to operate an open air café at the address indicated herein from May I, 1999, to April 30, 2000, conditioned on provision by each Grantee of an approved final site plan, liability insurance security bond, coverage, and applicable a franchise fee, and compliance with all of on the terms and conditions of the Franchise Agreement; and 2. That or the City Manager, his duly authorized designee, is hereby authorized to enter into a Franchise Agreement with each Grantee subject to the aforementioned conditions. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13 th day of April , 1999. CA-7297 DATA/ODIN/NONCODE/FRANCHISE.ORD R-3 PREPARED: APRIL 2, 1999 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SU~ Aepar m~ 2 - 43- Item VII-LIO.b. ORDINANCES ITEM # 44859 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance granting operation of Open Air Cafes in the Resort Area: b. RENEWAL FRANCHISES (2) Fogg's Seafood Company T/A Waterman's Café (3) Herrengarten, Inc. ** T/A Cities by the Ocean (4) Jefferson Savings & Loan Association T/A Howard Johnson/ Boardwalk Deli (5) Ocean Front Snacks T/A Ocean Isle Café (6) Athena Enterprises, Inc T/A King of the Sea Restaurant. (8) Theme Restaurants, Inc. T/A II Giardino Ristorante (9) Econo Lodge Oceanfront, Inc T/A Fish Bones Restaurant, Inc. **Music shall end by 10:00 P.M. 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 April 13, 1999 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 1 2 3 4 AN ORDINANCE GRANTING FRANCHISES FOR THE OPERATION OF OPEN AIR CAFES IN THE RESORT AREA (FRANCHISE RENEWALS) WHEREAS, each of the following corporations/companies 5 (hereinafter referred to as IIGrantees') has requested renewal of 6 its franchise for the operation of an open air café at the location 7 indicated: 8 9 1. Seashore Management, Ltd., T/A Hilton Inn/Laverne's Café (701 Atlantic Ave) connector Park Café 2 Fogg's Seafood Co. T/A Waterman's Atlantic Ave) Connector Park Café Café (415 3. Herrengarten, Inc. T/A Cities by the Ocean Atlantic Ave) Connector Park Café (4005 4. Jefferson Savings & Loan Association T/A Howard Johnson/Boardwalk Deli (1804 Atlantic Ave) Connector Park Café 5. Ocean Front Snacks T/A Ocean Atlantic Ave) Boardwalk Café Isle Café (2417 6. Athena Enterprises, Inc. T/A King of the Sea Restaurant (2614 Atlantic Ave) Atlantic Avenue Sidestreet Café 7. Colonial Inn, Inc. T/A Cary's Café (2809 Atlantic Ave) Boardwalk Café 8. Theme Restaurants, Inc. T/A II Giardino Ristorante (910 Atlantic Ave) Atlantic Avenue Sidewalk Café 9. Econo Lodge Oceanfront, Inc. T/A Fish Bones Restaurant, Inc. (1211 Atlantic Ave) Connector Park Café WHEREAS, the City has developed a Franchise Agreement for the regulation of open air cafes which each of the above-listed Grantees will be required to execute as a condition of franchise renewal; and WHEREAS, based upon each Grantee's successful operation of an open air café pursuant to a franchise for the period May 1, 1994, to April 30, 1999, the Department of Convention and Visitor 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 Development has recommended a five-year renewal of the franchise of each of the foregoing Grantees. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That a Franchise is hereby granted to each of the above-listed Grantees to operate an open air café at the address indicated herein, from May I, 1999, to April 30, 2004, conditioned on each Grantee's execution of the above-referenced Franchise Agreement and compliance with the terms and conditions thereof¡ and 2. That duly authorized the City Manager, or hi s designee, is hereby authorized to enter into a Franchise Agreement with each Grantee. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13 th day of April , 1999. CA-7298 DATA/ORDIN/NONCODE/FRANCHISE RENEWAL.ORD R-2 PREPARED: APRIL I, 1999 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~~ 2 - 44- Item VII-LIO.b.(1/7) ORDINANCES ITEM # 44860 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance granting operation of Open Air Cafes in the Resort Area: b. RENEWAL FRANCHISES (1) Seashore Management, LTD T/A Hilton Inn/Laverne's Café (7) Colonial Inn, Inc. T/A Cary's Café Voting: 10-0 (By Consent) Council Members Voting Aye: Linwood 0. 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 Abstaining: Nancy K. Parker Council Members Absent: None Council Lady Parker ABSTAINED, as the applicants are clients of Parker's Pools. April 13, 1999 - 45- Item VII-I.11 ORDINANCES ITEM # 44861 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Resolution to appoint Kimberly R. Van Essendelft to the position of Assistant City Attorney, effective 24 May 1999. Voting: 11-0 (By Consent) Council Members Voting Aye: Linwood 0. 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 April 13, 1999 10 11 12 13 14 15 16 17 18 19 1 2 3 A RESOLUTION APPOINTING KIMBERLY R.VAN ESSENDELFT TO THE POSITION OF ASSISTANT CITY ATTORNEY 4 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,. Kimberly R. Van Essendelft is hereby 8 appointed to the position of Assistant City Attorney, effective May 9 24, 1999. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day of April , 1999. CA-7327 ORDIN\NONCODE\VAN ESSENDELFT. RES R-1 PREPARED: 03/31/99 APPROVED AS TO LEGAL SUFFICIENCY /~ -cîty Attorney - 46- Item VII-LI2a. ORDINANCES ITEM # 44862 The following spoke in SUPPORT: Andrew Felix, 1541 Beachview Drive, Phone: 467-4752, the applicant The following spoke in OPPOSITION: Brent Rowlands, Esquire, 5540 Westward Drive, owner/shareholder - Yellow Cab, Phone: 424-1145 Daniel T. Cucuzza, 428 fjlh Street, Phone; 491-6749, owner, President - Yellow Cab Melvin Dozier, Jr., 185 South Plaza Trail, Vice President of Beach Taxi, Phone; 486-6585 Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council APPROVED: CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY New Application: ATG, INc. T/A ANDY'S CAB COMPANY OF VIRGINIA BEACH The City Manager and City Attorney shall develop information relative the history of the certificates of convenience and necessity, applicable State codes and the criteria involved in the application process. Voting: 10-1 Council Members Voting Aye: Linwood O. Branch, IIL 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 April 13, 1999 - 47- Item VII-L12b. ORDINANCES ITEM # 44863 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY Renewal Applications: BEACH TAXI, INc. GROUND TRANSPORTATION SPECIALISTS, INc. LAND YACHTS, LLC LONG'S LIMOUSINE SERVICE WEDDLE ANTIQUE LIMOUSINE SERVICE, INc. YELLOW CAB OF VIRGINIA BEACH, INc. 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, MayorMeyeraE. Oberndorf, NancyK. Parker, Vice Mayor William D. Sessoms, Jr. and A. M "Don" Weeks Council Members Voting Nay: None Council Members Absent: None April 13, 1999 - 48- Item VII-L13. ORDINANCES ITEM # 44864 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: License Refunds: $14,117.31 Voting: 11-0 (By Consent) 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, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None April 13, 1999 ---' FORM NO. C.A. 8 REV. 3186 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID ADVANCE STORES CO INC 06/21/05 03/03/99 230.00 0.00 230.00 ADVANCED LAWN CARE INC 03/05/99 AUDIT 16.00 0.92 16.92 ALLRED RICHARD K 1999 03/10/99 50.00 0.00 50.00 AMBASSADOR ENTERPRISES INC 1999 03/04/99 50.00 0.00 50.00 AMF BOWLING CENTERS INC 1999 03/08/99 2.00 0.00 2.00 ANCHOR SIGN CORPORATION 1999 03/05/99 50.00 0.00 50.00 ARNHOLD MARKETING SERVICES INC 1999 03/03/99 50.00 0.00 50.00 BAYSIDE CARDIOLOGY PC 1999 03/05/99 50.00 0.00 50.00 BEACH ACCENTS L TO 1999 03/04/99 51.00 0.00 51.00 BERMANS THE LEATHER EXPERTS INC 1999 03/03/99 50.00 0.00 50.00 BIO TEC INC 1999 03/05/99 50.00 0.00 50.00 BULMAN BARBARA 1999 03/01/99 10.00 0.00 10.00 BUZZ CROWN ENTERPRISES INC 1999 03/04/99 50.00 0.00 50.00 CIOLAS INC 1999 03/01199 50.00 0.00 50.00 CHARLES BARKER AUTO INC 1999 03/04/99 150.00 0.00 150.00 CHARLES BARKER INFINITIINC 1999 03/04/99 150.00 0.00 150.00 CIRCULATORY DIAGNOSTIC UNIT INC 1999 03/04/99 50.00 0.00 50.00 COMPU ZOO OF VA BEACH INC 1999 03/10/99 50.07 0.00 50.07 COMZAK INC 1999 03/10/99 50.00 0.00 50.00 CONSEPS FACILITY MANAGEMENT SYSTEM 1999 03/04/99 50.00 0.00 50.00 COITRELL C 1999 03/01/99 50.00 0.00 50.00 DAGAN ELECTRIC CO 1999 03/01/99 50.00 0.00 50.00 DAVID LAWRENCE RARE COINS LLC 1999 03/04/99 120.00 0.00 120.00 DHL AIRWAYS INC 1999 03/02199 13.49 0.00 13.49 DEAN WRITER REYNOLDS INC 1999 03/03/99 50.00 0.00 50.00 DELESTRE DORIS/CASTILLE MARl OS/23/97 AUDIT 10.00 1.76 11.76 DR J THE WALLPAPER DOCTOR LLC 03/04/99 AUDIT 96.66 22.86 119.52 ECOLAB INC 06/21/05 03/03/99 50.00 50.00 ~~ .......-reslie . Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $1,724.76 were approved by the Council of the City of Virginia Beach on the 13th day of April ,1999 Ruth Hodges Smith City Clerk FORM NO CA 8 REV 3186 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID ENTERPRISE MORTGAGE CORPORATION 1999 03/03/99 50.00 0.00 50.00 FITNESS WORKS INC 02/26/99 AUDIT 18.67 1.62 20.29 FRANCIS JEFFREY 02/22/99 AUDIT 152.54 20.64 173.18 FREDERICKS OF HOLLYWOOD STORES #170 06/21/05 03/09/99 50.00 0.00 50.00 GENTEK RESTRUCTURING INC 1999 03/02/99 50.00 0.00 50.00 GIBRALTAR SERVICES INC 1999 03/03/99 200.00 0.00 200.00 GRADY LOUIS 1999 01/11/99 490.00 0.00 490.00 GRAY 0 B 1999 03/03/99 281.68 0.00 281.68 HALL AUTO WORLD INC 1999 03/03/99 100.00 0.00 100.00 HOME ASSOCIATES OF VA INC 1999 03/04/99 50.00 0.00 50.00 INDIAN RIVER MUFFLER INC 1999 03/03/99 295.91 0.00 295.91 IRON AGE CORPORATION 02/26/99 AUDIT 640.43 0.00 640.43 K MART COP 1999 03/02/99 279.70 0.00 279.70 KFC NATIONAL MANAGEMENT CO 1999 03/04/99 49.90 0.00 49.90 KOEHLER STUDIOS IN 02/25/99 AUDIT 9.23 3.17 12.40 LA PETITE ACADEMY INC 1999 03/09/99 200.00 0.00 200.00 LES PRODUCTIONS QUAI 32-USA INC 03/03/99 AUDIT 950.09 174.11 1.124.20 M M FARMS VA BEACH LTD 1999 03/09/99 50.00 0.00 50.00 MANAGEMENT SYSTEMS APPLICATION 1999 03/01/99 5.00 0.00 5.00 MAYBEE JAMES A 03/04/99 AUDIT 11.62 3.19 14.81 MELTON LUANN S 1999 03/10/99 11.82 0.00 11.82 MEYERS & TABAKIN INC 1999 03/01/99 50.00 0.00 50.00 NATIONAL WHEELCAIR SPORTS FOUNDATION 03/01/99 AUDIT 1,025.80 0.00 1,025.80 NORFOLK WELDERS SUPPLY INC 1999 03/03/99 50.00 0.00 50.00 NORSTAN APPAREL SHOP INC 1999 03/01/99 50.00 0.00 50.00 Philip. ellam Commissioner of the Revenue A~ to form: ~ Leslie L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $5,325.12 were approved by the Council of the City of Virginia Beach on the day of 19 Ruth Hodges Smith City Clerk FORM NO. CA. REV. 3J8ð AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERtiFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID NORWEST FINANCIAL VIRGINIA INC 1999 03/01/99 50.00 0.00 50.00 PETERS & WHITE CONSTRUCTION CO 1999 03/01/99 50.00 0.00 50.00 PIFER TIMOTHY L 02/24/99 AUDIT 59.92 16.47 76.39 R J STOVER & SON INC 1999 03/10/99 50.00 0.00 50.00 RAGLE RAEL YNN MARGUERITE 1999 03/08/99 10.00 0.00 10.00 RUDDS SPORTS EQUIPMENT INC 02/23/99 AUDIT 277.24 35.60 312.84 SLiPOW & ROBUSTO PC 1999 03/09/99 50.00 0.00 50.00 STELLY ROBERTS B 1999 03/03/99 200.00 0.00 200.00 STEPGARD SYSTEMS L TO 1999 03/04/99 50.00 0.00 50.00 STERLING JEWELERS INC 1999 03/05/99 100.00 0.00 100.00 STIHL INC 1999 03/02/99 50.00 0.00 50.00 SYKES CARNES BOURDON ETALS 1999 03/05/99 50.00 0.00 50.00 THOMAS M TYE & ASSOC L TO 1999 03/05/99 50.00 0.00 50.00 TOM JAMES OF AMERICA INC 1999 03/09/99 50.00 0.00 50.00 TOYS R US INC 1999 03/03/99 100.00 0.00 100.00 TRIEU HUE CAM 03/05/99 AUDIT 3.57 0.00 3.57 VIOLA COMMERCIAL GROUP LLC 06/21/05 03/03/99 73.30 0.00 73.30 VIRGINIA AUDIOLOGY INC 1999 03/01/99 115.76 0.00 115.76 VIRGINIA TRAILER & TRUCK BODY 02123/99 AUDIT 3,482.79 290.11 3,772.90 VIRGINIA SEALCOA T INC 06/21/05 03/05/99 50.00 0.00 50.00 VIRGINIA VASCULAR ASSOC PC 1999 03/05/99 50.00 0.00 50.00 VOLKER BONITA J 02/22/99 AUDIT 18.00 0.83 18.83 WALDEN BOOK CO INC 06/21/05 03/04/99 200.00 0.00 200.00 WARDS CO INC 1999 03/03/99 50.00 0.00 50.00 WEATHERFORD ROOFING INC 1999 03/01/99 50.00 0.00 50.00 WEDEMAN ENTERPRISES INC 02/23/99 AUDIT 150.24 38.80 189.04 WHEELER ANGELINA 03/01/99 AUDIT 24.00 0.00 24.00 Certified as ~ fJ'K¿ Philip J. Kellam Commissioner of the Revenue Approved as to form: ~~ -Leslie L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $5,846.63 were approved by the Council of the City of Virginia Beach on the day of ,19 Ruth Hodges Smith City Clerk FORM NO. CA. REV. 3/86 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID WOULLARD DONZELL 02/22/99 AUDIT 19.08 5.24 24.32 2NDS IN BUILDING MATERIALS INC 02/26/99 AUDIT 852.66 0.92 853.58 3108 ATLANTIC AVENUE LLC 02/23/99 AUDIT 342.90 0.00 342.90 Approved as to form: /~ réslie L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $1,220.80 were approved by the Council of the City of Virginia Beach on the day of ,19 Ruth Hodges Smith City Clerk - 49- Item VII-J. PUBLIC HEARING ITEM # 44865 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1. LADM ASSOCIATES, LLC, A VIRGINIA LIMITED LIABILITY COMPANY, LENA SANCILIO AND CONTRACTOR'S PAVING COMPANY, INC 2. THE FRANCISCUS COMPANY 3. DONALD BERGER 4. TIDEWATERIMPORTS, INC 5. SPRING BRANCH COMMUNITY CHURCH 6. SAINT AIDENS EPISCOPAL CHURCH 7. CITY OF VIRGINIA BEACH 8. Z-l COMMERCIAL PROPERTIES, LLC STREET CLOSURE AMENDMENT TO THE GREEN RUN LAND USE PLAN CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING April]3, ]999 - 50- Item VII-J. PUBLIC HEARING ITEM # 44866 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in one motion Items 1, 2, 3, 5, 6, 7 and 8 of the PLANNING BY CONSENT. Voting: 11-0 Council Members Voting Aye: Linwood 0. Branch, IlL Margaret L. Eure, William W. Harrison, Jr., HaroldHeischober, BarbaraM. 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 Vice Mayor Sessoms ABSTAINED on item VII-J.1 as his bank does business with the applicant. April 13, 1999 - 51- Item VII-J.1 PUBLIC HEARING ITEM # 44867 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council AUTHORIZED FINAL APPROVAL of the Ordinance upon application ofLADM ASSOCIATES, LLC, a Virginia Limited Liability Company, LENA SANCILIO and CONTRACTOR'S PAVING COMPANY, INC., for the discontinuance. closure and abandonment of a portion of Avenue E: Application of LADM Associates, LLc., a Virginia Limited Liability Company, Lena Sancilio and Contractor's Paving Company, Inc. for the discontinuance, closure and abandonment of a portion of A venue E beginning at a point 337.93 feet south of Bonney Road and running in a southerly direction a distance of 899.85 feet to the northern boundary of the Virginia Beach-Norfolk Expressway. Said parcel contains 30,094 square feet. LYNNHAVEN BOROUGH Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branch, IIL William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Louisa M Strayhorn Council Members Voting Nay: None Council Members Abstaining: Vice Mayor William D. Sessoms, Jr. Council Members Absent: None Vice Mayor Sessoms ABSTAINED as his bank does business with the applicant. April 13, 1999 ORDINANCE NO. IN THE MATTER OF CLOSING, V ACA TING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH, KNOWN AS AVENUE E, AS SHOWN ON THAT CERTAIN PLAT ENTITLED, "RESUBDIVISION OF PARCEL A AND PARCEL BEAST NORFOLK (M.B. 260, P. 24-26) (M.B. 261, P. 97- 99) AND LOT 14 AND LOT 15, BLOCK 3, AND A PORTION OF A VENUE E, MAP OF EAST NORFOLK (M.B. 3, P. 125), (M.B. 4, P. 191), KEMPSVILLE & L YNNHA VEN BOROUGHS, VIRGINIA BEACH, VIRGINIA," WHICH PLAT IS ATTACHED HERETO. WHEREAS, it appearing by affidavit that proper notice has been given by LADM Associates, L.L.C., a Virginia limited liability company, Lena Sancilio and Contractors Paving Company, Incorporated, a Virginia corporation, that they would make application to the Council of the City of Virginia Beach, Virginia, on October 27, 1998, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that the applicants have satisfied all conditions precedent to the discontinuance, closure and vacation of such street, including without limitation the grant of a right-of-way to Virginia Power for the location, operation, maintenance and repair of utility facilities within the portion of Avenue E to be closed; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed, and vacated: Beginning at a pin at the southeast corner of Lot 13 as shown on the Map of East Norfolk, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (formerly Princess Anne County) in Map Book 3, at page 125, and Map Book 4, at page 191, which said pin is the point of beginning; thence N 84° 5' 17" E 50.10 feet to a point; thence S 07° 14' 49" E 699.26 feet to a pin; thence S 66° 37' 03" W 26.83 feet to a pin; thence N 07° 11' 28" W 207.66 feet to a pin in pavement; thence S 84° 05' 17" W 27.01 feet to a pin; thence N 07° 11' 28" W 499.64 feet to the point of beginning. Said parcel of land designated as "Portion of A venue E" as indicated on that certain plat of property in Virginia Beach, Virginia, which plat is to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, upon adoption of this ordinance, and is made a part hereof by reference. SECTION II A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the City of Virginia Beach as Grantor. Adopted: April 13, 1999 GPIN# 1487-33- /93/5 c.A.&~¡'3 APPROVED AS TO LEGAL SUFFICIENCY ~hA~ - 2 - .. .. ~ ..... .f C) ~ ~ I) ~ ., ~tR !~ z Q ., ~ IJ\D.t ASSOC., LLC, A VA LTD. LIABILI1Y CO., LENA SANCILIO AND OONrRACfOR'S PAVIN:; CO., INC. Closl1rp. of rYJrt; ()f) of nup. p - PORTION OF ~ AVENUE E a:: MAP OF EAST NORFOLK ~ (SEE NOTE 4) ~ (M.B. 3. P. 125)(M.B. 4. P. 1,91) 'I' '. .' \ 'i~ ~'I' ;¡;¡ 3231130 2928 27 26 25!24123!22 t; 46145144'4314214114O!39138137136135!34!33;32!31:.:301291261271:26;25'.:24' Å~~~ --0 '; I:J~ : I I/,I! I !; ¡ °";Q'O Y- 0 ~ I: , !! I -z. ~ ~ ';0 . 36A 4 F~ :5 I I ! I 0 ~~ () '1) (1)0 I I I I I ; I ~.~~~ ~'1'3 1 t-Z I " I 1\ ¡ ¡ 'I' 0 ". {11~..... (l)UJ , I : I I ¡ ~ to. ~ "Y- Y ~ 12 11 10 9 6 7 6 5 413 2 1 o:::~ 23 22í 21,20 19 16 17/: 16 i 15 141 131' 121 1111O~. 9 ~ 6 : 7 : 615 ¡ 4/3 2,.: 1 ~c,6 ~ I Ii: II' II II'! I / Ii I I i- q ~ I, 200.0ot 50.00' I I .. 250~00' i I, -L I, I j 3~7.93':f:¡ j . í I ~. 52.06 '155.60' ~5:01~/'N.,. 0~1 28 W /// 59°.?9/ /,/ // / AVENUE E (50' R/W) ~ ð. /~ °J11~ /W /20J.6~' / ~1)5)7-/~/~~ýÉ ///E / (:'-0 8f ~~O~D)/ ,Lù/ (M.B. 3, P. 125)(M.B. 4. P. 191) ~ ~~ ø S 07'1'28- E 699.65' ~ ~ oJ \0» ino ~ po Å ~ ~ PROPERTY OF oot 10 0 ~ .9..~ CONTRACTOR'S PAVING, INC. co ~ ~ """. Z f"\ """ ~ ~~ ~\ ~7. \:.1. NOlES: 1. YERlDIAN SOURCE SHOWN HEREON BASED ON 'THE VIRGINIA STATE PLANE COORDINATE SYS'ŒM. SOUlH ZONE. NAD 1893- 2. 1HIS PLAT IS NOT 'THE RESULT OF A RECENT FIELD SURVEY AND IS BASED ON A COMPILA l1ON OF OLD PLATS AND SURVEYS. 3. 1HIS PLAT IS NOT INTENDED TO SHOW ANY PHYSICAL IMPROVEMENTS. UllUTY AND/OR DRAINAGE EASEMENTS 11-1 A T MAY AFFECT 11-IE PROPERTY. 4. Pœ11ONS OF AVENUE E AND FIRST SlREET SHOWN HEREON WERE GRANTED PREUMINARY APPROVAL BY CITY COUNCIL FOR CLOSURE ON SEPTEMBER 28, 1993. 5. 1/ / /1 DENOTES PORllON OF A VENUE E TO BE CLOSED. AREA = 30.094% SQ. FT. MERIDIAN SOURCE: - 'oJIRGlNJ~ STA1E PLANE COORDINATE S'rSTEII. SOU1} ZONE. llJoD 1983 --~-....:JI¡~~ '---- ~ ~ aJ ~~ .-::tIZ :::- '~11J p:1 - -.. ...!"1 úI~ N- .0 :a~ ::0 -::tIC -, ~e; PLAT SHOWING A PORTION OF A VENUE E TO BE CLOSED MAP OF EAST NORFOLK (M.B. 3, P. 125)(M.B. 4. P. 191) L YNNHA YEN BOROUGH ViRGINIA BEACH. VIRGINIA SCALE: 1"=100 JULY 25. 1997 JOHN E. SIRINE AND ASSOCIA lESt LID. SUR'ÆYORS. ENGINEERS . PLANNERS 4317 BONNEY ROAD VIRGINIA BEACH. VIRGINIA 23452 ? ~ 1 ?O 2~ 3QO ~O FEET GRAPH¡C SCALE -- ., ... .,-"CO' '¡;.'"~.:,, .;i!'~"c,""':c"""~' . '. ," '.:"",.,.., ",N.".i""""":">' .: 0,. ' INVOICI! NO. DATE Dl8CftlPTlON INVöå AMOUNT DISCOUNT NIT AMOUNT * 12/02/98 $12,940.00 $12,940.0 120298 FEES ASSOCIATED WITH CLOSURE OF AVENUE "E" CONTRACTORS PAVING CO., INC. PLEASE DETACH BEFORE DEPOSITING 029936 Wachovia Bank, N.A. 68-' 51' CONTRACTORS PAVING CO., INC. I CHECK NO. I 02993 P.O. Box 62817, Virginia Beach, VA 23462 (7571340-1161 DATE 112/02/98 AMOUI PAY TWELVE THOUSAND NINE HUNDRED FORTY DOLLARS AND ZERO CENTS $12,940. 1110 2 q q ~ [;111 1:0 5 ~ 1.00 'i'0 ~I: OqOO 5 51.81. 2111 TO THE ORDER OF rTREASURER, CITY OF VIRGINIA BEACH VIRGINIA BEACH, VA L ,/1 . OJ DISCLOSURE STATEMENT Date: NAME(S) OF APPLlCANT(S): LADM Associates, LLc., a Virginia limited liability company Lena Sancilio Contractor's Paving Company, Incorporated NAME(S) OF ALL OWNERS (if different iTom applicant): None TYPE OF APPLICATION: Rezoning iTom Conditional Use Pennit for Street Closure X Subdivision Variance to ----------------------------------------------------------------------------------------------------- TO BE COMPLETED BY OR FOR THE APPLICANT: 1. If the applicant is a corporation, list the officers of the corporation: Contractor's Paving Company, Incorporated: Robert C. Teets, President Joyce A. Sawyer, Secretary Edward 1. Manley, Assistant Secretary 2. If the applicant is a partnership, finD or other unincorporated organization, list all members or partners in the organization: LADM Associates LLC.: Lena Sancilio Lawrence A. Sancilio Rosemarie Robertson Marie Tucker Edward Belgiovine Angela Nonni Deborah Nonni Delores Whitley. Dena Whitley ----------------------------------------------------------------------------------------------------- TO BE COMPLETED BY OR FOR THE OWNER (if different iTom applicant) 1. Ifthe owner is a corporation, list the officers of the corporation: 2. If the owner is a partnership, finD or other unincorporated organization list all members or partners in the organization: ----------------------------------------------------------------------------------------------------- ...-- ~ ----- Lawrence A. Sancilio, Managing Partner ofLADM Associates, LLc. ~~ J ~ --- A'L ~ Lena Sancilio ,2v- ?- P----- Robert C. Teets, President of Contractor's Paving Company, Incorporated Item VII-J.2. PUBLIC HEARING PLANNING - 52- ITEM # 44868 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the Ordinance upon application of THE FRANCISCUS COMPANY for an Amendment to The Green Run Land Use Plan to allow an automobile service station in conjunction with a convenience store: ORDINANCE UPON APPLICATION OF THE FRANCISCUS COMPANY FOR AN AMENDMENT TO THE GREEN RUN LAND USE PLAN TO ALLOW AN AUTOMOBILE SERVICE STATION IN CONJUNCTION WITH A CONVENIENCE STORE ZO4991129 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of The Franciscus Company for an Amendment to The Green Run Land Use Plan to allow an automobile service station in conjunction with a convenience store at the Northeast corner of Lynnhaven Parkway and Windmill Point Crescent. Said parcel contains 1.663 acres. ROSE HALL - DISTRICT 3 The following conditions shall be required: 1. The project shall be developed in accordance with the site plan entitled "Gas Pumps and Convenience Store on Parcel CM-1, Green Runfor Metropolitan Foods, Inc. ", dated 23 February 1999, and prepared by Engineering Services. 2. The building and sign shall be constructed in accordance with the color renderings and elevations on file with the Planning Department. The building and sign shall be constructed in accordance with the color and building materials list on file with the Planning Department. 3. The project shall be developed in accordance with the Court Order entered 6 July 1992 and on file with the Planning Department except where landscaping shown on the plan exceeds the requirements of the Court Order. 4. All landscaping and required fencing shall be installed in accordance with the Site Plan Ordinance and the Zoning Ordinance. The Category IV landscaping, shown on the plan, shall be installed on the residual site at the time of development of the gas station. 5. The convenience store shall be constructed of brick on the front and both sides and shall be constructed of split face CMU on the rear of the building. 6. A subdivision plat creating the subject parcels and required cross- access easements shall be recorded prior to the release of the approved site plans for this project. The required plat shall also indicate the location of the fifteen foot (15 J Category IV buffer on the residual 3.19 acre parcel (CM-2) and the required right-of-way dedication for the turn lane. 7. A roof, similar to the hip roof proposed for the convenience store, shall be incorporated into the construction of the gas island canopy. 8. The applicant's consultant shall submit a copy of the revised Green Run Land Use Plan which indicates the change in the land use plan from commercial use to "Service Station. " A copy of the land use plan is on file with the Development Services Center. 9. The application is approved for six (6) gas pumps only. April]3, 1999 - 53- Item VII-J.2. PUBLIC HEARING ITEM # 44868 (Continued) PLANNING 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 Thirteenth of April. Nineteen Hundred and Ninety-Nine Voting: 11-0 (By Consent) 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, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M "Don" Weeks Council Members Voting Nay: None Council Members Absent: None April 13, 1999 - 54- Item VII-J.3. PUBLIC HEARING ITEM # 44869 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of DONALD BERGERfor a Conditional Use Permit: ORDINANCE UPON APPLICATION OF DONALD BERGER FOR A CONDITIONAL USE PERMIT FOR INDOOR RECREATION (BILLIARDS) RO4992262 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Donald Berger for a Conditional Use Permit for indoor recreation (billiards) on the north side of Pembroke Boulevard, west of Independence Boulevard. Said parcel is located at 4616 Pembroke Boulevard and contains 1.35 acres. LYNNHAVEN - DISTRICT 5. The following conditions shall be required: 1. The existing twenty-four-foot (24') tall, two hundred sixteen (216) square foot free-standing sign shall be removed from the site. 2. The applicant shall work with staff to meet requirements of the Parking Lot and Foundation Landscaping Ordinance. 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 Thirteenth of Avril. Nineteen Hundred and Ninetv-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 H Weeks Council Members Voting Nay: None Council Members Absent: None April 13, 1999 - 55- Item VII-J. 4. PUBLIC HEARING ITEM # 44870 PLANNING Billy Garrington, 471 Souths ide Road, represented the applicant A MOTION was made by Vice Mayor Sessoms, seconded by Councilman Branch, to ADOPT an Ordinance upon application of TIDEWA TER IMPORTS, INc.for a Conditional Use Permitfor motor vehicle sales and service. A SUBSTITUTE MOTION was made by Council Lady Parker, seconded by Council Lady McClanan to DEFER two weeks until the City Council Session of April 2 7, 1999, and discuss elimination of one of the free- standing signs. Voting: 5-5 (MOTION LOST TO A TIE VOTE) Council Members Voting Aye: Barbara M Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M "Don" Weeks Council Members Voting Nay: Linwood 0. Branch, III, Margaret L. Eure William W. Harrison, Jr., Louis R. Jones and Vice Mayor William D. Sessoms, Jr. Council Members Abstaining: Harold Heischober Council Members Absent: None Councilman Heischober ABSTAINED as he has afinancial relationship with the applicant, Kenneth A. Hall. April 13, 1999 ---~ - 56- Item VII-J.4. PUBLIC HEARING ITEM # 44870 (Continued) PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of TIDEWATER IMPORTS, INCfor a Conditional Use Permit: ORDINANCE UPON APPLICATION OF TIDEWA TER IMPORTS, INe. FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALE AND SERVICE RO4992263 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Tidewater Imports, Inc., for a Conditional Use Permit for a motor vehicle sales & service at the northeast corenr of Holland Road and Diana Lee Drive. Said parcel is located at 3496 Holland Road and contains 4.218 acres. DISTRICT 3 - ROSE HALL. The following conditions shall be required: 1. All landscaping shall be installed as required in the zoning and site plan ordinances. 2. A fifteen-foot (J 5 ') buffer shall be required at the rear of the property adjacent to the proposed new development. A solid wood fence shall be installed on the inside border of the buffer and Category IV landscaping shall be installed within the buffer. 3. The existing outdoor loudspeaker paging system shall be removed and no new outdoor loudspeaker paging system shall be permitted. 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 Thirteenth of Avril. Nineteen Hundred and Ninety-Nine Voting: 9-1 Council Members Voting Aye: Linwood 0. Branch, III, Margaret L. Eure, William W Harrison, Jr., 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 Abstaining: Harold Heischober Council Members Absent: None Councilman Heischober ABSTAINED as he has afinancial relationship with the applicant, Kenneth A. Hall. April 13, 1999 - 57- Item VII-J5. PUBLIC HEARING ITEM # 44871 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of SPRING BRANCH COMMUNITY CHURCHfor a Conditional Use Permit: ORDINANCE UPON APPLICATION OF SPRING BRANCH COMMUNITY CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH RO4992264 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Spring Branch Community Church for a Conditional Use Permit for a church on the east side of Great Neck Road, north of Harbor Lane. Said parcel is located at 1510 Great Neck Road and contains 9.250 acres. LYNNHAVEN - DISTRICT 5. The following condition shall be required: 1. The project must be developed in accordance with the site plan and renderings presented to the Planning Commission on 10 March 1999 and on file in the Department of Planning. 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 Thirteenth of April. 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 April 13, 1999 - 58- Item VII-J. 6 PUBLIC HEARING ITEM # 44872 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of SAINT AIDENS EPISCOPAL CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF SAINT AIDENS EPISCOPAL CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH RO4992265 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Saint Aidens Episcopal Church for a Conditional Use Permit for a church at the Southwest corner of Edinburgh Drive and Kings Grant Road. Said parcel is located at 3201 Edinburgh Drive and contains 3.566 acres. LYNNHA VEN - DISTRICT 5 The following conditions shall be required:: 1. The parking lot must be re-lined to show two (2) handicap parking spaces that meet the American Disabilities Act requirements. 2. The expansion shall substantially adhere to the submitted architectural plans entitled, "Master Plan Drawings for St. Aiden 's Episcopal Church, " by Barnes Design Group, undated, and match the existing structure in design, color and materials. 3. The proposed church expansion shall substantially adhere to the revised site plan, entitled, "Saint Aiden's, Conditional Use Permit, " by W. P. Large, Inc., dated 10 March 1999. The revised plan eliminates the future addition and parking shown on the original plan. 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 Thirteenth of Avril. Nineteen Hundred and Ninetv-Nine 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 April 13, 1999 Item VII-J. 7. PUBLIC HEARING PLANNING - 59- ITEM # 44873 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of CITY OF VIRGINIA BEACHfor a Conditional Use Permit: ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA BEACH FORA CONDITIONAL USEPERMITFORA COMMERCIAL/MUNICIPAL PARKING LOT RO4992266 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of the City of Virginia Beach for a Condiotnal Use Permit for a commercial/municipal parking lot at the northeast of Atlantic Avenue and 3(Jh Street. Said parcel is located at 3003 Atlantic Avenue and contains 1.03 acres. BEACH - DISTRICT 6. The following conditions shall be required: 1. Hours of operation for the parkingfacility shall be limited to 8:00 AM to Midnight. A sign must be posted stating the time a car must be removed. 2. The proposed commercial parking lot shall have an improved surface, which shall consist of six-inch (6'~ aggregate or such other surface as may be approved by the City Engineer. 3. The proposed commercial parking lot shall be completely enclosed, except at points of ingress and egress, by a split-rail fence or other fence meeting the requirements for fences set forth in the City Landscaping, Screening and Buffering Standards and Specifications, or by landscaping meeting the requirements of the City's Parking Lot Landscaping Specifications and Standards pertaining to perimeter screening, or shall be delineated at the perimeter thereof, by wheel stops. Such fencing and landscaping shall at all times be maintained in good condition and repair. 4. The proposed commercial parking lot shall be secured at all points of ingress and egress by a metal chain or gate, except during hours of operations. 5. The proposed commercial parking lot shall contain no less than one (1) trash receptacle, plainly visible and marked as such, for every three thousand, five hundred (3,500) square feet of lot area or fraction thereof 6. The proposed commercial parking lot shall have upon the premises, during all hours of operation, at least one attendant. 7. The proposed commercial parking lot shall be maintained in a clean and orderly condition at all times. All trash receptacles shall be emptied and the contents thereof properly disposed of at the close of operation daily and at such other times as receptacles become full. 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 Thirteenth of Avril. Nineteen Hundred and Ninetv-Nine ----" April 13, 1999 - 60- Item VIl-J. 7. PUBLIC HEARING ITEM # 44873 (Continued) PLANNING 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 April 13, 1999 ---. Item VII-J. 8. PUBLIC HEARING PLANNING - 61 - ITEM # 44874 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application ofZ-1 COMMERCIAL PROPERTIES, LLC,for a Conditional Change of Zoning District Classification: ORDINANCE UPON APPLICATIONOFZ-1 COMMERCIALPROPERTIES, LLc. FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 1-1 TO CONDITIONAL B-2 Z04991130 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Z-1 Commercial Properties, LLC for a Conditional Change of Zoning District Classification from 1-1 Li~ht Industrial District to Conditional B-2 Communitv Business District on certain property located at the northeast intersection of Indian River Road and Military Highway. The proposed zoning classification change to Conditional B-2 is for business commercial land use. The Comprehensive Plan recommends use of this parcel for business parks, offices, and employment support uses that are in accordance with other Plan policies. Said parcels are located at 820, 830 & 840 South Miliary Highway and at 6404 Indian River Road and contain 4.2 acres more or less. DISTRICT 1 - CENTER VILLE. The following conditions shall be required: --~.. 1. The property shall be developed substantially in accordance with that certain site plan entitled, "Proposed Eckerd, Preliminary Site Plan," dated January 1999, prepared by Kimley-Horn and Associates, Inc. (the "Site Plan "), a copy of which Site Plan has been exhibited to the City Council and is on file in the Planning Department. 2. The applicant shall install and maintain on the property landscaping substantially in accordance with the plan entitled, "Proposed Eckerd, Preliminary Site Plan, " dated January 1999, prepared by Kimley-Horn and Associates, Inc. (the "Site Plan "), a copy of which Landscape Plan has been exhibited to the City Council and is on file in the Planning Department. 3. The applicant will construct a six-foot (6J solid wooden fence running between Indian River Road and Alexandria Avenue on the property designated on the Site Plan as "Parcel A ", in order to provide further screening between Parcel A and the residential property to the East. Subject to the approval of the Virginia Beach Board of Zoning Appeals, the fence shall be constructed in the location depicted on the Landscape Plan. If the Virginia Beach Board of Zoning Appeals does not approve the location of the fence proposed on the Landscape Plan, the applicant will construct the fence in a location that does not require a variance from the Virginia Beach Board of Zoning Appeals and is the most suitable point between the Easternmost landscape buffer shown on the Landscape Plan and the Eastern curb of the drive aisle traversing Parcel A. 4. The exterior architectural design, window placement, building materials and colors of the primary building on Parcel A shall be the same as the exterior design, window placement, materials and colors depicted on the rendering entitled, "Eckerd Drug Store, Eckerd Store No. 8331 R, Military Highway at Indian River Road, Virginia Beach, Virginia," dated 26 March 1999, prepared by Lyman Davidson Dooley, Inc. (the "Rendering"), a copy of which Rendering has been exhibited to the City Council by the Grantee and is on file in the Planning Department. April 13, 1999 Item VII-J. 8. - 62- PUBLIC HEARING PLANNING ----. ITEM # 44874 5. When developed, the property designated on the Site Plan as "Parcel B " shall be developed subject to the following restrictions: a. Any freestanding sign on Parcel B shall be a monument-style sign rather than a pylon-style sign. b. Applicant shall install and maintain on Parcel B a landscape buffer between Parcel B and the right-of- way of Military Highway with the same width and spacing and comparable species of landscape materials as the landscape buffer between Parcel A and the right-of-way of Military Highway. c. Applicant shall screen the heating, ventilation and air conditioning equipment serving the buildings on Parcel B from view from Military Highway. d. The primary colors of external building materials used on Parcel B (excluding roof and accent features) shall be earth tones so that they comport generally with the primary colors of the building on Parcel A. and, REVISED, as to the following: 1. Paragraph Four of the proffer agreement has been revised to state that window placement on the exterior of the Eckerd building will be as shown on the revised rendering. This will provide for a more attractive building face on Military Highway and is a positive change. 2. The site plan has been revised to provide that the drive aisle traversing the East side of Parcel A will permit only one-way, Northbound traffic behind the Eckerd building. Two-way traffic will be permitted roughly from the Northern wall of the Eckerd building to Alexandria Avenue. This change will eliminate several of the on-site traffic circulation conflicts generated by the previous plan and is acceptable. 3. The site plan was revised to show directional arrows in the drive aisle on Parcel A, closest to Military Highway, to indicate the route that should be followed from the Military Highway entrance to the drive-through window. This addition helps improve on-site circulation and is acceptable. 4. A notation has been added to the site plan indicating that dumpsters will be enclosed by block walls on three sides, with solid wooden gates on the fourth side. This addition is an attempt to alleviate concerns regarding the appearance of the dumpsters from Military Highway. It should be noted, however, that the enclosure is required by Code and that landscape screening on any portion of the dumpster visible from a public roadway is required. The plant material will be required during detailed site plan review. 5. The landscape plan has been amended to show additional trees on Parcel A in the buffer area on Military Highway, in order to further screen loading activities from view. This is a positive addition to the plan that helps address aesthetic concerns. April]3, ]999 - 63- Item VII-J.8. PUBLIC HEARING ITEM # 44874 (Continued) PLANNING 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 Thirteenth of April. Nineteen Hundred and Ninetv-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 April 13, 1999 ---- - 64- Item VIl-K.]. APPOINTMENTS ITEM # 44875 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: Richard S. Foster 3 Year Term 06101/99 - 05/31/02 MEDICAL COLLEGE OF HAMPTON ROADS Voting: 11-0 Council Members Voting Aye: Linwood 0. 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 April]3, ]999 --"- - 65- Item VII-K.2. APPOINTMENTS ITEM # 44876 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: Leroy M. C. Butler Edward L. Hamm, Jr. Helen V. Preti Sylvia N. Primm Shewling M. Wong ( Two-year ( Terms ( 06101/99 (thru ( 05/31/01 MINORITY BUSINESS COUNCIL Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M "Don" Weeks Council Members Voting Nay: None Council Members Absent: None April J 3, J 999 - 66- Item VII-MI. NEW BUSINESS ITEM # 44877 ADD-ON Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize acquisition of property/easements for construction of a pump station at 16'h Street re Beach erosion controllhurricane protection by agreement or condemnation (Trade Winds Hotel). 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 April 13, 1999 1 2 3 4 5 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY FOR CONSTRUCTION OF THE BEACH EROSION CONTROL AND HURRICANE PROTECTION PROJECT (CIP 9- 704) AND THE ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENT. EITHER BY AGREEMENT OR CONDEMNATION 7 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, 8 a public necessity exists for the construction of a storm water pump station at 161h Street as part of 9 the Beach Erosion Control and Hurricane Protection Project, and for the preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Council authorizes the acquisition by purchase or condemnation pursuant to Sections 15.2-1901. et seq.. Code of Virginia of1950. as amended, of all that certain property, including the hotel building and temporary construction easement as shown on the plan entitled "PHYSICAL SURVEY OF TRADE WINDS HOTEL #1601 ATLANTIC AVENUE, Revised 4/13/99", and attached herewith as Exhibit A. Section 2. That the City Manager is hereby authorized to make or cause to be made on behalf ofthe City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in said lands. If refused. the City Attorney is hereby authorized to institute proceedings to condemn said property. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day of Apr i1 ,1999. - 67- Item VI-N. ADJOURNMENT ITEM # 44878 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 4:00 P.M. ç;z~_--a___7!i ' / .,; Beverly O. Hooks, CMC/AAE Chief Deputy City Clerk ~'~_J'_:~ ~;=: CMC/AAE City Clerk ----- --- - -- - - - - - -- - --- - ---------- Meyera E. Oberndorf Mayor City of Virginia Beach Virginia April 13, 1999