HomeMy WebLinkAboutOCTOBER 13, 1998 MINUTESCity of Virginia Beach
"WORLD'S LARGEST RESORT CITY"
CITY COUNC~
MAYOR MEYERA E. OBERNDORF. At*Large
VICE MA YOR WII..L~AM D. SESSOMS. JR., At-Large
UNWOOD O. BRANCH III. District d-Beach
MARGARET L. EURE. District I-Centerville
WILLIAM W. HARRISON. JR.. District 5-Lynnlu~ven
HAROLD HEISCHOBER. Al-Large
BARBARA M. HENLEY. District 7-Princess Anne
LOUIS R. JONES. District 4-Bayside
REBA $. McCLANAN. District 3-Rose flail
NANCY K. PARKER. At-Large
A.M. (DON) WEEKS. District 2-Kernpsville
JAMES K. SPORE. City Manager
LESLIE L. LILLEY. City Attorney
RLrI'H HODGES SMITH. CMCIAAE, City Clerk
CITY COUNCIL AGENDA
CITY HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH. VIRGINIA 23456.9005
PHONE: t757) 427.4303
FAX: (757)42d-5669
EMAIL: CTYCNCL~CITY.VIRGINIA-BEACI L VA.US;
Octoberl3,1998
I. PRESENTATIONS
- Conference Room -
10:30 AM
NATURAL DISASTERS - RESTORATION OF POWER
C. Max Bartholomew, Jr., Virginia Power Area Manager for Community and Government Affairs
H. CITY MANAGER'S BRIEFINGS
DEVELOPMENT AUTHORITY YEAR-END REPORT
Don Maxwell, Director, Economic Development
KMC OF VIRGINIA, INC. -TEMPORARY LICENSE AGREEMENT
David Sullivan, Director, Information Technology
Ill. REVIEW OF AGENDA ITEMS
IV. CITY COUNCIL CONCERNS
V. INFORMAL SESSION
- Conference Room -
1:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
VI. FORMAL SESSION
- Council Chamber
2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION:
Reverend T. E. Thieman, D.D.
Pastor - Retired
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS
October 6, 1998
AGENDA FOR FORMAL SESSION
The Consent ~4genda will be determined during the Agenda Review Session and considered in the
ordinary course of business by City Council to be enacted by one motion.
H. PUBLIC HEARING
CONVEYANCE OF CITY-OWNED PROPERTY/AMEND FY1998-99CAPITAL
BUDGET APPROPRIATION ORDINANCE - VDOT PROPERTY
I. ORDINANCES/RESOLUTION
Ordinance to authorize conveyance of 2.11 acres of city-owned property at Holland Road
and Independence Boulevard to the Virginia Beach Development Authority re traffic
improvements for the establishment of an applicant's corporate headquarters; and, AMEND
the FY 1998-99 Capital Budget Appropriation Ordinance by $2,587,740 re purchase of the
Virginia Department of Transportation (VDOT) property adjacent to the aforesaid city-
owned property. (DISTRICT 3 - ROSE HALL)
Ordinance to AMEND Section 2-230 of the City Code re increasing the bad check penalty
charge from fifteen to twenty dollars.
Ordinance to APPROPRIATE $1,914,285 excess revenue in the Sheriff's Department
Special Revenue Fund to the Sheriff's FY 1998-99 Operating Budget re equipment
purchases, funding of two capital improvement projects, and funding of the Sheriff's
Department Supplemental Retirement Fund; and, APPROPRIATE $250,000 from the
ending fund balance of the Inmate Telephone Fund to the FY 1998-99 Capital Budget re
installation of a correctional center sprinkler system.
o
10.
11.
Ordinance to ACCEPT and APPROPRIATE a $60,000 Grant from the Virginia
Department of Conservation and Recreation to the FY1999 Operating Budget of the
Department of Planning re education, habitat conservation and restoration work for the
Lynnhaven River watershed; TRANSFER $32,000 as matching funds from the General
Fund Reserve for Contingencies; continue a temporary Environmental Planning Technician
I position; and, estimated revenue from the Commonwealth be increased accordingly.
Ordinance to establish JUDICIAL CENTER NEW COURTROOMS (Capital Project #3-001)
re design and construction of new courtrooms and judicial chambers in the Judicial Center;
and, TRANSFER $250,000 from the FY 1998-1999 Operating Budget, General Fund,
Reserve for Contingencies to the FY 1998-1999 Capital Budget.
Ordinance to re-establish INSTRUCTIONAL TECHNOLOGY (Capital Project #1-196); and,
TRANSFER $260,000 from various School capital projects re capital improvements or
purchases associated with technology needs for student instruction.
Ordinance to grant KMC Telecom of Virginia, Inc., a temporary nonexclusive revocable
license to construct, maintain and operate telecommunications facilities in, over, under
and across the public ways of the City; and, authorize the City Manager to execute an
agreement.
Ordinances to authorize acquisition of property in fee simple by agreement or condemnation
for a public parking garage (DISTRICT 6 - BEACH):
APPROPRIATE $2,000,000 to 31't Street Partnership Project (Capital Project #9-
027).
bo
Authorize the City Manager to make a reasonable offer to SHEPHERD W.
DREWRY, JR, CHRISTOPOULOS FAMILY L.C., MYRTLE G.
WHITEHURST and B. W. MACON, for their interest in said land.
Resolution to recommend to the COMMISSION ON THE CONDITION AND FUTURE
OF VIRGINIA CITIES: make-up shortfall in commitments to fund local services,
including, but not limited to, HB 599, public health, mental health and juvenile detention
funding; continue and expand the school construction/renovation program begun in FY 1998-
99, providing a base funding level of $250-Million per year, statewide; avoid imposing new
school-related costs on localities for additional school teachers or other mandates until the
Standards of Quality are fully funded, and construction needs are fully addressed; and, phase-
in, over a period not to exceed three years, full funding of the Standards of Quality.
Authorize cash payment in lieu of park dedication from Presidential Estates subdivision,
as consistent with the February 14, 1995, City Council approved Policy for Cash Payments
in Lieu of Open Space Dedications of less than one acre.
License Refunds - $2,421.63.
Jo
PUBLIC HEARING - PLANNING
PLANNING BY CONSENT - To be determined during the Agenda Review Session.
Application of EXXON CORP., for a Conditional Use Permit for a gasoline station in
conjunction with a convenience store at the Southwest comer of Virginia Beach Boulevard
and Rosemont Road (3673 Virginia Beach Boulevard), containing 36.154.8 square feet
(DISTRICT 5 - LYNNHAVEN).
Deferred:
August 25, 1998
Recommendation: APPROVAL
Applications of SPRINT, PCS for Conditional Use Permits for:
A 135-foot tall monopole tower designed to accommodate the existing antennas and
microwave equipment of VBTV and WHRO, as well as antenna arrays for two
wireless communication providers on the South side of North Landing Road, East of
West Neck Parkway (2925 North Landing Road), containing 40 acres (DISTRICT 7 -
PRINCESS ANNE)
A 125-foot tall monopole tower capable of accommodating stadium lighting and
antenna arrays for two wireless communication providers at the Northwest
intersection of Shorehaven Drive and North Great Neck Road (2425 Shorehaven
Drive), containing 49.5 acres (DISTRICT 5 - LYNNHAVEN)
ADDING a monopole and communication antennas to an existing power line tower
on the West side of Bartholomews Crossing South of Breezy Pines Lane (2248
Bartholomews Crossing), containing 20,000 square feet more or less (DISTRICT 7 -
PRINCESS ANNE).
do
MOUNTING wireless communication antennas on the existing water storage tank on
the East side of Kempsville Road beginning at a point 170 feet more or less South of
Providence Road, containing 34,500 square feet (DISTRICT 2 - KEMPSVILLE).
Recommendations:
APPROVAL
Application of BETHEL FOURSQUARE CHURCH for a Conditional Use Permit for a
church at the Southeast comer of Holland Road and Diana Lee Drive (3458 Holland Road),
containing 3.12 acres (DISTRICT 3 - ROSE HALL).
Recommendation:
APPROVAL
Applications of SALEM LAKES ASSOCIATES by Goodman Segar Hogan, Inc., Managing
G.P:
MODIFICATION OF CONDITIONS in the August 6, 1979, approved applications
of SUNSTREAM PARK, INC., for a Change of Zoning District Classification from
R-8 Residential District, AG-1 Agricultural District and R-4 Residential District to
PD-H Planned Development-Housing at a point 1400 feet more or less North of
Elbow Road; 1300 feet more or less Northeast of the intersection of Salem Road and
Elbow Road; and 2700 feet more or less Northeast of the intersection of Salem Road
and Elbow Road (KEMPSVILLE AND PRINCESS ANNE BOROUGHS - now
DISTRICT 7 - PRINCESS ANNE)
Conditional Change of Zoning District Classification from R-5D Residential Duplex
District to Conditional B-2 Community Business District on the East side of Salem
Road beginning at a point 370 feet more or less North of Salem Lakes Boulevard
(1948, 1952 & 1955 Salem Road), containing 2.4 acres (DISTRICT 7 - PRINCESS
ANN~)
Recommendation:
DEFER TO OCTOBER 27, 1998
5. City of Virginia Beach:
Ordinance to AMEND Section 102 of the City Zoning Ordinance (CZO); ADD
Sections 1700, 1701, 1702, 1703 and 1704; ESTABLISH the Shore Drive Corridor
Overlay District, setting forth the regulations applying in such district; and, AMEND
the official zoning map by adding Shore Drive Corridor Overlay District.
Ordinance to establish transition rules for development in the Shore Drive Overlay
District (DISTRICT 5 - LYNNHAVEN).
Recommendations: APPROVAL
K. APPOINTMENTS
FRANCIS LAND HOUSE BOARD OF GOVERNORS
HISTORICAL REVIEW BOARD
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
10/09/98BAP
AGENDA\10-13-98
www.virginia-beach.va.us
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
October 13, 1998
Vice Mayor William D. Sessoms, Jr., called to order the PRESENTATION re NATURAL DISASTERS-
RESTORATION OF POWER in the Council Conference Room, City Hall Building, on October 13, 1998,
at 10:30
Council Members Present:
Margaret L. Eure, Linwood O. Branch, II[, William W. Harrison, Jr.,
Harold Heischober, Louis R. Jones, Reba S. McClanan, , Nancy K. Parker
and Vice Mayor William D. Sessoms
Council Members Absent:
Mayor Meyera E. Oberndorf
Barbara M. Henley
A. M. "Don" Weeks
[OKLAHOMA CITY~HAMPTON
ROADS CHAMBER OF COMMERCE
1998 INTER-REGIONAL VISIT]
[ENTERED: 1 O: 35 A.M.]
[ENTERED: 10:40 A.M.]
-2-
PRESENT~4 TION
NATURAL DISASTERS- RESTORATION OF POWER
10:30 A.M.
ITEM # 44155
C. Max Bartholomew, Jr., Virginia Power Manager for Community and Government Affairs, expressed
appreciation to the City Council for the opportunity to address City Council to review the Hurricane Bonnie
Restoration Plan. Mr. Bartholomew introduced Tom Hyman - Vice President of Distribution~Operations,
Ray Briggs - Regional Manager of Operations, Ed Ornduff - Director of Operations Center, Bill Mitzer-
Local Manager - Virginia Beach, and Tim Buckley - Resource Specialist.
Mr. Hyman advised in his twenty-seven years with Virginia Power, this is the worst storm ever experienced
Approximately 'half of the Virginia people had no electricity. The entire system is operated through the
Norfolk office. This was an advantage in this storm as resources were brought quickly to Virginia Beach.
Even though the winds were up to 100 miles per hour, the sustained winds were probably in the 60 to 70 mph
range. The tract was the same as Hurricanes Bertha and Fran in 1996. A pattern is being formed where
hurricanes come in through Wilmington, North Carolina, and exit through Hampton Roads. This tract is
devastating for Chesapeake, Virginia Beach and Norfolk. Bay Colony took a severe beating during the
storm. The good news is Virginia Beach had approximately two weeks notice. All of the local offices had
abundant material. Virginia Power called six or seven other utilities to advise of possible request for
assistance. Virginia Power has assisted many other State's utilities. In January, Virginia Power took 150
linemen to aid Niagara Mohawk in upstate New York, who experienced a one month power outage from an
ice storm in 1996. Virginia Power went to Raleigh, North Carolina, and assisted CPL recovering electricity
as they had a 4-week outage. Virginia Power alerted all of the utilities they had previously assisted.
Personnel worked sixteen/seventeen hours a day, had a little bit of sleep and then went right back to work.
The linemen, who worked the storm, did a tremendous job. Virginia Power made sure every customer could
speak to a human being without having to scroll through a menu and never talk to a person. The computer
system took thousands of calls Friday morning (August 28, 1998) and when it was determined where the
lights were out, the system was turned off and from that point on, the citizen could speak to a "human
being". Every meeting of the City's Emergency Management Committee was attended by Max Bartholomew.
700,000 customers are served in Hampton Roads. Over one-half (460, O00) citizens were without power.
There were 200,000 outages with Hurricane Fran and the ice storm on Ground Hog Day in 1996. Virginia
Beach is the largest operation in all of Virginia Power. 160,000 customers are served from the office on
Princess Anne Road, of which 82% were without power. 81% of the citizens were without power in
Norfolk. Literally just about every light was out in Chesapeake on Friday (August 28, 1998). The Office
on Cromwell Road is served by two 234,000 volt circuits and both went out.
A similarpresentation was given last night, October 12, 1998, to the Agriculture Commission. Virginia
Power appreciated the invitation as they received many suggestions to assist in the next restoration
concerning livelihood, i.e. hog farmers, well customers. Where are these individuals in the priority order?
On that Friday morning, the first activity involved Bill Mitzer flying the entire scene in a helicopter to
conduct a visual assessment of the damage. At the same time, Tom Hyman and Ed Ornduff drove around
the entire South Hampton Roads area. They concluded at Noon on Friday, the damage was not extensive.
Although a lot of wire was on the ground, there were very few broken poles and very few large repair jobs.
Literally thousands of minor repair jobs, but not the significant damage as in New York during the month
long ice storm. Based on this assessment, the representatives concluded outside utility assistance i.e.
Niagara Mohawk, Carolina Power and Light, Pennsylvania Power Light, etc, was not necessary. They
believed Virginia Power's total workforce could restore the electrical currents. They informed the Executives
in Richmond, 90% of the lights would be restored on Sunday night, with completion at Noon on Tuesday.
Virginia Power completed the restoration approximately I O:OO A.M. Tuesday. During the storm, 911 Calls
were the only priority. The second priority was the Moores Bridges Pumping Station. This water treatment
facility is the only supply for most of the fire hydrants in Norfolk and certainly a major supplier for the City
of Virginia Beach. If the electricity could not be restored to this pumping station, in case of a major fire,
there would have been no water at the hydrants. When the wind gets to 60 miles per hour, Virginia Power
must stop working. Eleven of the twelve hospitals were without power. This was the next stop for Virginia
Power. After the 911 calls and the hospitals, Virginia Power goes to the major circuits (Landstown Sub
Station). This is a major source of power for this area. 230,000 volts come in and 34,000 volts come out.
If Virginia Power starts there, the power can be restored. If Virginia Power went to the rural areas first and
started at Knotts Island, everything could be rebuilt, but there would be no electricity. Birdneck Point,
consisting of approximately 1 O0 houses, did not have power restored until Tuesday as this was a lot of work
for only slight restoration. There were broken poles and much wire on the ground.
October 13, 1998
PRESENTATION
NATURAL DISASTERS- RESTORATION OF POWER
ITEM # 44155 (Continued)
Mr. Hyman had to explain to the residents they would have their power restored last. Mr. Hyman displayed
a slide depicting the major Substations. The one at Hilltop serves a majorportion of the Oceanfront. All four
circuits of this Substation were out. 230,000 volts come in, zero volts come out. Virginia Power crews came
from the Shenandoah Valley and as far west as Covington, Virginia. These crews were assigned the Hilltop
Substation and they started bringing those circuits back Friday afternoon. When the service was restored
to this Substation, the majority of the Oceanfront came back on. This plan does not consider farms or
individuals with wells. Circuit 471 is the eighth project down and there were 1540people out of power along
Princess Anne Road to Pungo to Knotts Island. This was a high priority and did not get placed at the end
of the line because it was rural in nature, but was not at the top of the line. Virginia Power offices are also
in Roanoke Rapids, Ashoskie, Williamston and the Outer Banks, North Carolina. They all came to
Hampton Roads. The Fredericksburg crews worked the Bay Colony area from Fort Story to Laskin Road.
The Shenandoah Valley employees worked from the Expressway to Rudee Inlet. The Alexandria crews went
straight to Sandbridge. Spring, eld crews were around the Kempsville area. North Carolina Power and
Gloucester worked the County. Richmond worked the area out around Providence Road. Over 1,000
personnel were involved in the restoration. Mr. Hyman believed the automated analysis and the amount of
assistance provided restoration to 90,000 customers per day. This same Hurricane hit Wilmington, North
Carolina. 3700 linemen worked on this project and took five days to provide restoration to less than
250,000 customers. (50,000 a day). Mr. Hyman believed after the next storm, Virginia Power can do a
better job with the underground restoration. The Pungo area restoration was completed on Tuesday. Homes
on Great Neck Road, Shell Road, Jack Frost Road and Ghent, in downtown, Norfolk were also completed
on Tuesday.
During future natural disasters involving restoration of power, the computerized plan, relative priority
order, could be given to City Council so they could address the citizens' concerns.
Ray Briggs advised Virginia Power did work closely with the other utilities as Bell Atlantic and Cox Cable.
Bell Atlantic was in the emergency restoration center. Many utilities are shared on joint use i.e. poles. ,4
priority call center exists within the regional operating center and there is direct link with the 911 Center
and the Emergency Operating Center. A special call group is established and manned by the supervisor and
individuals who are there twenty-four hours a day. They take that information, it is prioritized and becomes
a part of the overall workplan. All lines to Blackwater come in through Chesapeake.
Vice Mayor Sessoms extended appreciation to Virginia Power.
October 13, 1998
4
CITY MAN.4 GER 'S BRIEFING
DEVELOPMENT A UTHORITY YE~IR-END REPORT
11:18 A.M.
ITEM # 44156
Don Maxwell, Director - Economic Development, advised Fiscal Year 1997-98 was an outstanding year for
the Virginia Beach Development Authority. VBDA assisted in locating 18 new companies (i.e. Sea Lift,
Lockheed Martin, Federal Express) in Virginia Beach as well as 19 business expansions and 4 retentions.
These locations resulted in the construction of 982,000 square feet of new industrial/office space and the
absorption of 444,200 square feet of vacant industrial/office space. The capital investment from these
projects was $167,250,000 and resulted in 4,548 new jobs and 1,567 retained jobs for Virginia Beach.
These projects resulted in the sale of 63.5 acres of land in VBD.4 business parks.
NE W B USINESS LOCATIONS
18 New Companies
649 New Jobs
19L800 square feet Industrial/Office space absorbed.
28 7, 000 square feet of Build-to-Suit Industrial/Office Space
11.5 acres sold in Ocean West Corporate Park
3.5 acres sold in Witchduck area
$27,975,000 Capital Investment
BUSINESS EXP~4NSIO N/RE TENTION
19 Business Expansions (GEICO), 4 Business Retentions
3,899 New Jobs
1,567 Retained Jobs
252,400 square feet of lndustrial/Office Space .4bsorbed
395, 000 square feet of Build-to-Suit Industrial/Office Space
300,000 square feet of Build-to-Suit Retail Space
4.3 acres sold in Oceana West Corporate Park
44.2 acres sold in Corporate Landing
$139,650,000 Capital Investment
The Corporate Landing debt has been reduced to approximately $4.3-MILLION. Mr. Maxwell focused
on the key parcels of land. In January 1998, then-Governor George Allen assisted the Authority and Council
in announcing that GEICO is locating a new customer sales and service center on 25 acres in Corporate
Landing. The construction of this 250, O00-square foot office building has been completed. As of April 1998,
GEICO has 432 employees and projects. It will have 707 employees by Fall 1998. 1,407 employees by
December 1999, and 2,000 employees a year later. By 2005, GEICO is projected to create 4,500 new jobs
and occupy 450,000 square feet of office space. The average salary at GEICO is in the $35,000 range,
including benefits.
On February 26, 1998, Highwoods Properties, Inc., broke ground on a 103,000-square foot Class A
speculative office building on 6.8 acres in Oceana West Corporate Park. Construction of the $10-MILLION
project is underway and scheduled for completion in October 1998. It is projected that 400 employees will
be housed in the new facility. Highwoods Properties, Inc. is under a lease-type arrangement for four years
with the City. Prosofi is the first tenant with 20,000 square feet and 210 employees.
The Development Authority, at the request of City Council, oversaw the hiring of architects and the
construction consultant manager for the $8.95-MILLION Virginia Beach Sportsplex. The initial phase of
the stadium consists of approximately 6,000 seats, expandable to 30,000 - 35,000 seats with later phases.
Groundbreaking was heM July 12, 1997, with construction completed and the first soccer game hem on July
6, 1998. The VBDA has overseen the design, development and construction of the facility. The.4uthority has
entered into an operating agreement with Hampton Rods Sports, which will be responsible for operation and
maintenance of the facility, with the Development ~4uthority/City maintaining control over event scheduling
and oversight of the operating agreement for the facility.
October 13, 1998
-5-
CITY M/IN/I GER 'S BRIEFING
DEVELOPMENT,4 UTHORITY YE~IR-END REPORT
ITEM # 44156 (Continued)
The Development Authority is also acting as project manager for the $12. 5-MILLION Tournament Players
Club (TPC). This golf course is a public-private partnership between the City, the VBDA and the PGA Tour.
The City/VBDA ' s share of the project cost is $3.5-MILLION for drainage improvements and infrastructure.
The City will maintain ownership of the land and will lease it to the Authority, which will then sublease it
to the PGA Tour. The course will be managed by TPC. Groundbrealdng took place August 7, 1997, with
course opening anticipated in the Spring of 1999. The first of five annual NIKE tournaments is tentatively
scheduled for May 2000. The PGA Tour has an option to construct a second course at Lake Ridge at a later
date.
In another public-private partnership, the VBDA is leasing land to Heron Ridge Golf Club, L.C. for the
development of Heron Ridge, a championship golf course located on Seaboard Road. Construction of the
course is anticipated to be completed in time for a Spring 1999 opening.
31~ Street and Rudee Loop are two important Oceanfront properties. The term sheet has been approved
for 3 Pt Street. Ordinances to authorize acquisition of property in fee simple by agreement or condemnation
for a public parking garage are scheduled for the Formal Session. Regarding the Rudee Loop development,
the Development .duthority began yesterday, October 12, 1998, with a request for interest. The proposals
are due back on December Ninth. The Development Authority will brief City Council relative this project
in early January. Requests for proposals will be finalized between January and March and selecting the
developer approximately on March Fifth. The Development Authority will try to enter into a contract with
the developer prior to the expiration of the option of the property with Mr. Herman at the end of September.
The Authority has also been involved with the construction of a new Social Services Building. The Authority
has assumed ownership of the new building, which was completed in February 1998, at which time bonds
were issued for the financing of project costs. Upon issuance of the bonds, the Authority reimbursed the City
for all project costs and entered into a long-term lease agreement with the City as the tenant.
Upon completion of the Virginia Beach Amphitheater, the Authority switched gears from project manager
to oversee the lease agreement with Cellar Door Venues. While not directly involved in the day-to-day
operating of the facility, the,duthority works to ensure that all aspects of the agreement are being adhered
to. The/iuthority actively participated in an amicable resolution to the ADA lawsuit filed against the facility
and is actively involved in finding a solution to the sound impact in surrounding neighborhoods.
The .4uthority also administered the Economic Development Investment Program on behalf of the City
Council. Nine grants totaling $2,063,000 were approved during FY199 7-98, which resulted in the creation
of 2,129 jobs, $92,050,000 in capital investment and annual direct taxes to the City in the amount of
$1,203,785.
The Authority sold 44.2 acres of land in Corporate Landing and was able to reduce the debt to NationsBank
by $1,700,751 to $4,282,638.
The Authority continues to serve as a conduit for the acquisition of bonds for the purpose of enhancing
business in Virginia Beach. Although bond activity remains confined to manufacturing, low-income housing
and tax-exempt entities, because of the favorable interest rate, older bond issues are presented to the
,~uthority for modification and refunding. The/iuthority issued a total of $28,201,246 in new bonds and
refunded $4,500,000 in existing bonds.
FISC/IL YEAR 1997-1998 OUTSTANDING YE~IR
218% Increase from FY 1996-97 in Constructed Square Feet
205% Increase from FY 1996-97 in Absorption of Existing Square Feet.
49 % Increase in Capital Investment
347% Increase in New Job Creation
162% Increase in Job Retention
668% Increase in Land Sales
October 13, 1998
-6-
CITY MANAGER'S BRIEFING
KMC OF VIRGINIA, INC. - TEMPORARY LICENSE AGREEMENT
ll:47 A.M.
ITEM # 44157
David Sullivan, Director- Information Technology, advised KMC Telecom of Virginia, Inc., is one of the
telecommunication carriers created as a result of the deregulation of the telecommunications industry. It
is what is known as competitive local exchange carrier (CLEC), distinguishing it from incumbent local
exchange carriers such as Bell Atlantic and GTE. It desires to provide fiber-optic telecommunications
service to businesses within certain areas of Hampton Roads, including Hampton, Norfolk, Portsmouth,
Chesapeake and Virginia Beach. In order to be able to do so, it needs to construct its facilities with the
Cities' rights-of-way.
Under Virginia law, no telecommunications carrier may locate its facilities in the public rights-of-way
without the consent of the Municipality. Such consent generally takes the form ora franchise. Prior to the
enactment of the Telecommunications Act of 1996, the City had only two telecommunications 'franchises
(GTE and Bell Atlantic). Because the Act has opened the telecommunications industry to competition,
however, the City anticipates that there will be a number of CLECs seeking entry into the market and
desiring to locate their facilities in the City's rights-of-way. As a result, the staff is in the process of
developing a standardized franchise and telecommunications regulatory ordinance. As the franchise and
ordinance may not be complete and adopted by the City Council for a few months, KMC has requested they
be allowed to begin construction of facilities under the Temporary Nonexclusive Revocable License
Agreement. If approved by the City Council, the Agreement wouM be in place until a franchise is granted.
KMC has already received approval from the Hampton City Council and is currently working with the cities
on the Southside.
KMC desires to provide fiber-optic telecommunications service within the City. KMC is actually going to
build a brand new fiber optic network in Hampton Roads and is proposing two sonic rings. There will be
one Southside Hampton Roads ring and one Peninsula ring. Those two rings will be tied together with cable
that will go across the Hampton Roads Bridge Tunnel and the Monitor Merrimac Bridge Tunnel. When this
is completed, a network will be constructed in Hampton Roads providing the latest in fiber optic technology
and telecommunications service. They are not geared towards providing service to every household. If the
License Agreement is approved, it would construct its backbone facilities among other streets, Northampton
Boulevard, Independence Boulevard, Witchduck Road, Virginia Beach Boulevard, Princess Anne Road,
Lynnhaven Parkway, Holland Road and Indian River Road. None of the backbone system would be
constructed on private property. KMC is a privately held company. They recently had a $250-MILLION
bond sale to raise capital to expand their network. They are currently in 10 different cities, operating as a
telecommunication provider. KMC typically prefers a medium size regional market and stay out of the
larger markets such as Chicago, New York and Washington, D.C. Their most recent announcement has
been location in Greensboro, North Carolina. KMC will initially employ approximately 60 individuals.
Last year, House Bill 957 was ADOPTED and signed into law which changed the way localities could have
telecommunication franchises and the manner in which they could be compensated. It basically imposed a
statewide method, so it no longer leaves to municipalities the ability to negotiate compensation from a
franchise for telecommunication companies. A policy report has been compiled and recommendations
relative implementation of the franchise fee established in House Bill 95 7 will be presented to City Council
Mr. Sullivan does not see a real disadvantage in allowing KMC to proceed. At this point, the majority of the
regulatory work is not through the franchise agreement, but through the permits to work in the right-of-way.
The same permits will have to be procured. Their plans are to build the initial network, and then as they sell
service, they will extend their network to reach to other areas as they build up demand. This is an investment
in a future revenue. They have been in business since 1995. The City staff believes KMC is a good asset to
Virginia Beach and they plan to build this network in less than 6 months.
Corporate Landing is not on their initial proposed route, but they do plan to service Corporate Landing
KMC is very much interested in being a business partner with the City. Their preliminary engineering work
had already been accomplished when they first came to the City. Their expansion is based on how successful
they are at selling services off the first phase of construction. If they are successful in early sales, then they
will expand the network. Their company in Augusta doubled within a year of going into business. The
network being proposed is mainly aerial cable installation and is being installed on existing poles, primarily
Virginia Power poles. The.fiber optic cable is approximately the size of the "pinky".finger and houses a
bundle of smaller fiber optic cables within it. The capacity in this one small cable is probably greater than
everything else hanging on that pole today. For every pole to which KMC attaches, they would pay Virginia
Power a lease rate.
October 13, 1998
-7-
CITY MANAGER'S BRIEFING
KMC OF VIRGINIA, INC. - TEMPORAR Y LICENSE AGREEMENT
ITEM # 44157 (Continued)
Assistant City Attorney Macali advised one of the most prominent aspects of the Federal
Telecommunications Act is that barriers to entry are no longer prohibited especially on the basis of
competitive principles.
Mr. Sullivan advised certi~cates of insurance and bonds would be provided by KMC for working in the
rights-of-way. KMC is certi~cated by the State Corporation Commission to be a telephone company in
Virginia; and, they therefore have met the requirements of the State. The majority of telecommunication
franchises in Virginia do not have.financial compensation. The City of Norfolk is an exception. They have
3% of gross revenue built into their franchise, which was issued in the late 1950's. House Bill 957 states
instead of each City negotiating, the State agreed to create a level playing)'ield for all cities. The fee is based
on the number of subscriber lines that a company has. Actually there is a fairly complex formula. The fee
is the amount of this formula or.fifty cents whichever is greater. At this particular point, 50 cents would be
the fee. Each phone line would be 50 cents per month or $6.00 per year would be charged the provider,
if the City adopted the fee as outlined in House Bill 957. This would apply not only to KMC, but also to Bell
Atlantic and GTE.
October 13, 1998
-8-
AGENDA RE VIE W SESSION
12:29 P.M.
ITEM # 44158
Ordinance to authorize conveyance of2.11 acres of city-owned
property at Holland Road and Independence Boulevard to the
Virginia Beach Development Authority re traffic improvements
for the establishment of an applicant's corporate headquarters;
and, AMEND the FY 1998-99 Capital Budget Appropriation
Ordinance by $2,58 7, 740 repurchase of the Virginia Department
of Transportation (VDOT) property adjacent to the aforesaid
city-owned property. (DISTRICT 3 - ROSE HALL
Councilman Heischober inquired if the remaining acre would be used for the path around the lake. The City
Manager advised there is approximately 1.3 acres of property which would actually come to the City and
this would be added into Mount Trashmore Park. It is actually a surplus piece, a portion of which is in the
lake and the remaining will be added to the park. Approximately 2 acres of City property, 4 lots on
Independence Boulevard will be transferred at $90, O00 per acre. The actual agreement will be discussed
in Executive Session.
ITEM # 44159
Ordinance to establish JUDICIAL CENTER NEW
COURTROOMS (Capital Project #3-001) re design and
construction of new courtrooms and judicial chambers in the
Judicial Center; and, TRANSFER $250, O00 from the FY 1998-
1999 Operating Budget, General Fund, Reserve for
Contingencies to the FY 1998-1999 Capital Budget
The City Manager shall provide the amount of shell space remaining in the Judicial Center.
ITEM # 44160
Ordinances to authorize acquisition of property in fee simple by
agreement or condemnation for a public parking garage
(DISTRICT 6- BEACH):
a. APPROPRIATE $2,000,000 to 3Pt Street Partnership Project
(Capital Project #9-027).
bo
Authorize the City Manager to make a reasonable offer to
SHEPHERD W. DREWR Y, .IR, CHRISTOPOULOS FAMILY
L.C., MYRTLE G. WHITEHURST and B. W. MACON, for
their interest in said land
Vice Mayor Sessoms advised Councilman Branch will be ABSTAINING on this item, as a family member
has an interest in one of the parcels.
Councilman Heischober inquired should something happen to the hotel project will there be a clause that
the purchase of the property will not occur. Councilman Harrison advised Virginia Development Authority
owns a site whose best use is a hotel and the City is already committed to purchasing the Sandler property
north of that, which will augment the need for a parkingfacility. He believes the City is going forward with
the idea that if negotiations should not happen, the City will still be back in the market looking for a major
hotel development with parking. Parking is part of the Oceanfront plan.
Council Lady Parker believed on one site, which used to be a gas station, bacteria had been utilized to
digest the soil content. The City Manager advised the company that owns the property and is responsible
for the remediation had indicated in December the site is supposed to be totally remediated. The City is
having an independent evaluation of this prior to the City acquiring the property.
October 13, 1998
-9-
AGENDA RE VIE W SESSION
ITEM # 44161
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
ORDINANCES/RESOL UTION
1.1.
Ordinance to authorize conveyance of 2.11 acres of city-owned
property at Holland Road and Independence Boulevard to the
Virginia Beach Development Authority re trafj~c improvements
for the establishment of an applicant's corporate headquarters;
and, AMEND the FY 1998-99 Capital Budget Appropriation
Ordinance by $2,587,740 repurchase of the Virginia Department
of Transportation (VDOT) property adjacent to the aforesaid
city-owned property. (DISTRICT 3 - ROSE HA LL)
1.2.
Ordinance to AMEND Section 2-230 of the City Code re
increasing the bad check penalty charge from fifieen to twenty
dollars.
1.3.
Ordinance to APPROPRIATE $1,914,285 excess revenue in the
Sheriff's Department Special Revenue Fund to the Sheriff's FY
1998-99 Operating Budget re equipment purchases, funding of
two capital improvement projects, and funding of the Sheriff's
Department Supplemental Retirement Fund; and,
APPROPRIATE $250,000 from the ending fund balance of the
Inmate Telephone Fund to the FY 1998-99 Capital Budget re
installation of a correctional center sprinMer system.
1.4.
Ordinance to ACCEPT and APPROPRIATE a $60,000 Grant
from the Virginia Department of Conservation and Recreation to
the FYi99 Operating Budget of the Department of Planning re
education, habitat conservation and restoration work for the
Lynnhaven River watershed; TRANSFER $32,000 as matching
funds from the General Fund Reserve for Contingencies;
continue a temporary Environmental Planning Technician I
position; and, estimated revenue from the Commonwealth be
increased accordingly.
1.5.
Ordinance to establish JUDICIAL CENTER NEW
COURTROOMS (Capital Project #3-001) re design and
construction of new courtrooms and judicial chambers in the
Judicial Center; and, TRANSFER $250, O00 from the FY 1998-
1999 Operating Budget, General Fund, Reserve for
Contingencies to the FY 1998-1999 Capital Budget.
1.6.
Ordinance to re-establish INSTRUCTIONAL TECHNOLOGY
(Capital Project #1-196); and, TRANSFER $260,000 from
various School capital projects re capital improvements or
purchases associated with technology needs for student
instruction.
1.7.
Ordinance to grant KMC Telecom of Virginia, Inc., a temporary
nonexclusive revocable license to construct, maintain and
operate telecommunications facilities in, over, under and across
the public ways of the City; and, authorize the City Manager to
execute an agreement.
October 13, 1998
-10-
AGENDA RE VIE W SESSION
ITEM # 44161 (Continued)
1.8.
10.
Ordinances to authorize acquisition of property in fee simple by
agreement or condemnation for a public parking garage
(DISTRICT 6 - BEA CH):
APPROPRIATE $2,000,000 to 314 Street Partnership Project
(Capital Project #9-02 7).
Authorize the City Manager to make a reasonable offer to
SHEPHERD W. DREWR Y, JR, CHRISTOPOULOS FAMILY
L.C., MYRTLE G. WHITEHURST and B. W. MACON, for
their interest in said land.
Resolution to recommend to the COMMISSION ON THE
CONDITION AND FUTURE OF VIRGINIA CITIES: make-
up shorOCall in commitments to fund local services, including, but
not limited to, HB 599, public health, mental health and juvenile
detention funding; continue and expand the school
construction/renovation program begun in FY 1998-99,
providing a base funding level of $250-Million per year,
statewide; avoid imposing new school-related costs on localities
for additional school teachers or other mandates until the
Standards of Quality are fully funded, and construction needs are
fully addressed; and, phase- in, over a period not to exceed three
years, full funding of the Standards of Quality.
Authorize cash payment in lieu of park dedication from
Presidential Estates subdivision, as consistent with the February
14, 1995, City Council approved Policy for Cash Payments in
Lieu of Open Space Dedications of less than one acre.
11. License Refunds - $2,421.63.
Council Lady McClanan will vote a VERBAL NAY on Item 1.1.
Councilman Branch will VERBALL Y ABSTAIN on Item L 8a/b.
October 13, 1998
-11-
AGENDA RE VIE W SESSION
ITEM ii 44162
Application of EXXON CORP.,for a Conditional Use Permit for
a gasoline station in con/unction with a convenience store at the
Southwest corner of Virginia Beach Boulevard and Rosemont
Road (3673 Virginia Beach Boulevard), containing 36.154.8
square feet (DISTRICT 5 - L YNNHA VEN).
Vice Mayor Sessoms advised being contacted by the representative from the Exxon Corporation. The
representative has agreed with the modifications to the Plan. Councilman Harrison requested this item be
discussed in the Formal Session in order for the applicant to describe the modifications.
ITEM # 44163
Applications of SPRINT, PCS for Conditional Use Permits for:
ao.
A 135-foot monopole tower designed to accommodate the
existing antennas and microwave equipment of VBTV and
WHRO, as well as antenna arrays for two wireless
communication providers on the South side of North Landing
Road, East of West Neck Parkway (2925 North Landing Road),
containing 40 acres (DISTRICT 7 - PRINCESS ANNE)
b°
A 125-foot monopole tower capable of accommodating stadium
lighting and antenna arrays for two wireless communication
providers at the Northwest intersection of Shorehaven Drive and
North Great Neck Road (2425 Shorehaven Drive), containing
49. 5 acres (DISTRICT 5 - L YNNHA VEN)
ADDING a monopole and communication antennas to an existing
power line tower on the West side of Bartholomews Crossing
South of Breezy Pines Lane (2248 Bartholomews Crossing),
containing 20,000 square feet more or less (DISTRICT 7 -
PRINCESS ANNE).
d.
MOUNTING wireless communication antennas on the existing
water storage tank on the East side of Kempsville Road
beginning at a point 170feet more or less South of Providence
Road, containing 34,500 square feet (DISTRICT 2
KEMPSVILLE
Karen Laslie, Planning Co-Ordinator, advised Council Lady Eure, a condition was added that the monopole
towers wouM be taken down if the service was no longer needed within a year. However, these towers are
different as two are at the schools and the City has control. One is up through an existing tower and the
other on a water tank. They are not free-standing. Assistant City Attorney Macali advised it is in the City's
lease they must be removed within 60 days.
ITEM # 44164
J. 4 Applications of SALEM LAKES ASSOCIATES by Goodman
Segar Hogan, Inc., Managing G.P.'
MODIFICATION OF CONDITIONS in the August 6, 1979,
approved applications of SUNSTREAM PARK, INC.:
Change of Zoning District Classification from R-8 Residential
District, AG-1 Agricultural District and R-4 Residential District
to PD-H Planned Development-Housing at a point 1400 feet
more or less North of Elbow Road; 1300 feet more or less
Northeast of the intersection of Salem Road and Elbow Road;
and 2 700feet more or less Northeast of the intersection of Salem
Road and Elbow Road (KEMPSVILLE AND PRINCESS ANNE
BOROUGHS- now DISTRICT 7- PRINCESS ANNE)
October 13, 1998
- 12-
AGENDA RE VIE Ve' SESSION
ITEM # 44164 (Continued)
bo
Conditional Change of Zoning District Classification from R-5D
Residential Duplex District to Conditional B-2 Community
Business District on the East side of Salem Road beginning at a
point 370 feet more or less North of Salem Lakes Boulevard
(1948, 1952 & 1955 Salem Road), containing 2.4 acres
(DISTRICT 7 - PRINCESS ANNE)
Council Lady McClanan referenced the conversion of the conditions on the change of zoning do not reflect
the original conditions regarding eating and drinking establishments and wished this reconciled. Karen
Laslie will research and advise. This item will be DEFERRED, BY CONSENT, until the City Council
Session of October 27, 1998.
ITEM # 44165
J. 5. City of Virginia Beach:
Ordinance to AMEND Section 102 of the City Zoning Ordinance
(CZO); ADD Sections 1700, 1701, 1702, 1703 and 1704;
ESTABLISH the Shore Drive Corridor Overlay District, setting forth
the regulations applying in such District; and, AMEND the official
zoning map adding Shore Drive Corridor Overlay District.
2. Ordinance to establish transition rules for development in the
Shore Drive overlay District (DISTRICT 5 - L YNNHA VEN).
Councilman Harrison inquired how many site plans for subdivision plats have been filed that will be subject
to the Ordinance to establish transition rules for development. Karen Laslie advised she was personally
aware of only two. She will provide an exact account by the Formal Session.
ITEM # 44166
B Y CONSENSUS, the following items shall compose the PLANNING B Y CONSENT AGENDA:
J. 2. Applications of SPRINT, PCS for Conditional Use Permits for:
A 135-foot tall monopole tower designed to accommodate the
existing antennas and microwave equipment of VBTV and
WHRO, as well as antenna arrays for two wireless
communication providers on the South side of North Landing
Road, East of West Neck Parkway (2925 North Landing Road),
containing 40 acres (DISTRICT 7 - PRINCESS ANNE)
A 125-foot tall monopole tower capable of accommodating
stadium lighting and antenna arrays for two wireless
communication providers at the Northwest intersection of
Shorehaven Drive and North Great Neck Road (2425 Shorehaven
Drive), containing 49.5 acres (DISTRICT 5 - L YNNHA VEN)
ADDING a monopole and communication antennas to an existing
power line tower on the West side of Bartholomews Crossing
South of Breezy Pines Lane (2248 Bartholomews Crossing),
containing 20,000 square feet more or less (DISTRICT 7 -
PRINCESS ANNE).
MOUNTING wireless communication antennas on the existing
water storage tank on the East side of Kempsville Road
beginning at a point 170feet more or less South of Providence
Road, containing 34,500 square feet (DISTRICT 2 -
KEMPSVILLE).
October 13, 1998
- 13-
AGENDA RE VIE W SESSION
ITEM # 44166 (Continued)
ao
bo
.1.5.
1.
Application of BETHEL FOURSQUARE CHURCH for a
Conditional Use Permit for a church at the Southeast corner of
Holland Road and Diana Lee Drive (3458 Holland Road),
containing 3.12 acres (DISTRICT 3 - ROSE HALL).
Applications of SALEM LAKES ASSOCIATES by Goodman
Segar Hogan, Inc., Managing G.P:
MODIFICATION OF CONDITIONS in the August 6, 1979,
approved applications of SUNSTREAM PARK, INC:
Change of Zoning District Classification from R-8 Residential
District, AG-1 Agricultural District and R-4 Residential District
to PD-H Planned Development-Housing at a point 1400 feet
more or less North of Elbow Road; 1300 feet more or less
Northeast of the intersection of Salem Road and Elbow Road;
and 2 700feet more or less Northeast of the intersection of Salem
Road and Elbow Road (KEMPSVILLE AND PRINCESS ANNE
BOROUGHS- now DISTRICT 7- PRINCESS ANNE)
Conditional Change of Zoning District Classification from R-5D
Residential Duplex District to Conditional B-2 Community
Business District on the East side of Salem Road beginning at a
point 370 feet more or less North of Salem Lakes Boulevard
(1948, 1952 & 1955 Salem Road), containing 2.4 acres
(DISTRICT 7- PRINCESS ANNE)
City of Virginia Beach:
Ordinance to AMEND Section 102 of the City Zoning Ordinance
(CZO); ADD Sections 1700, 1701, 1702, 1703 and 1704;
ESTABLISH the Shore Drive Corridor Overlay District, setting
forth the regulations applying in such district; and, AMEND the
official zoning map by adding Shore Drive Corridor Overlay
District.
Ordinance to establish transition rules for development in the
Shore Drive Overlay District (DISTRICT 5 - L YNNHA VEN).
Item J. 4 will be DEFERRED, BY CONSENT, until the City Council Session of October 27, 1998..
October 13, 1998
- 14-
CITY COUNCIL CONCERNS
12:29 P.M.
ITEM # 44167
Council Lady Parker referenced the Editorial in the Charlotte Observer of Friday, October 9, 1998, entitled:
"Takes More than Brick - Eckerd's redesign is prettier but misses the point." Council Lady Parker
distributed copies, which are hereby made a part of the record.,
ITEM # 44168
Council Lady Henley extended appreciation relative the Oceana Boulevard project and the stop light at the
railroad tracks. This will make all the difference concerning the traffic movement. Citizens are very pleased.
This road project went extremely fast.
Councilman Jones advised this was the first time he had citizens actually call to thank him for any project.
ITEM # 44169
Council Lady Henley referenced the Sandbridge Tax Increment Financing District, which is scheduled for
a December City Council Session.
The City Manager advised a Briefing will be scheduled for the City Council Workshop Session of October
20, 1998. There shall be a four consecutive week advertising requirement with Council action scheduled
for December First.
ITEM # 44170
Council Lady Eure advised that tonight, October 13, 1998, at 7:00 P.M., she will be meting with the
representatives of the St. Matthew's Church and the community. Karen Laslie, Planning Co-Ordinator, and
Assistant City Attorney William Macali will accompany her. Council Lady Eure distributed information and
correspondence which had been forwarded to her.
ITEM # 44171
Vice Mayor Sessoms advised it appears the only communication that got through during the heart of the
storm, Hurricane Bonnie, was radio communication. Is there a way for the City to convert the information
sent out by Virginia Power through portable radios. The City Manager advised a group consisting of EMS,
Police, Fire, Telecommunications, was investigating options relative communication when the power was
out. A report will be furnished to City Council.
ITEM # 44172
Council Lady Parker referenced the news article concerning the potential sale of Stumpy Lake to a
developer in Virginia Beach. Council Lady Parker inquired if this land was zoned preservation.
The City Manager advised he had been contacted years ago in terms of interest from Norfolk regarding the
City's interest in buying the property and development options. Based on the work done with the
Southeastern Parkway and Greenbelt, the environmental agencies view the whole area around Stumpy Lake
as a very important environmental resource. It would be very difficult to have development there.
October 13, 1998
- 15-
ITEM # 44175
Vice Mayor William D. Sessoms, Jr., called to order the INFORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, October 13, 1998,
at 12:40 P.M.
Council Members Present:
Linwood O. Branch, III, Margaret L. Eure, William IV. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and
A. M. "Don" Weeks
Council Members Absent:
Mayor Meyera E. Oberndorf
October 13, 1998
-16-
ITEM # 44174
Vice Mayor William D. Sessoms, Jr., 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:
Community Services Board
Development Authority
Wetlands Board
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of the
disposition of publicly-heM 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:
False Cape Lodge Project
42na Street and Oceanfront - Cavalier Hotel
Harbor Point Drive Property
VDOT Property - Independence Boulevard
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council voted to proceed into
EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A.
M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
October 13, 1998
-17-
VIRGINIA BEACH CITY COUNCIL
October 13, 1998
2:00 P.M.
Vice Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the Council Chamber, City Hail Building, on Tuesday, October 13, 1998, at 2:00 P.M.
Council Members Present:
Margaret L. Eure, Linwood O. Branch, III, William W. Harrison,
Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Reba S. McClanan, Nancy K. Parker, Vice Mayor William D.
Sessoms and A. M. "Don" Weeks
Council Members Absent:
Mayor Meyera E. Oberndorf
[OKLAHOMA CITY~HAMPTON
ROADS CHAMBER OF COMMERCE
1998 INTER-REGIONAL VISIT
INVOCATION: Reverend T. E. Thieman, D.D.
Pastor o Retired
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessoms, being a Corporate Officer of Wachovia Bank, disclosed there were no matters on the
agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as
an officer of Wachovia Bank. The Vice Mayor regularly makes this Disclosure as he may not know of the
Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of January
1, 1998, is hereby made apart of the record.
October 13, 1998
-18-
Item VI-E.
CER TIFI CA TION OF
EXECUTIVE SESSION
ITEM # 44175
Upon motion by Council Lady Parker, seconded by Councilman Harrison, 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:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and
A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
October 13, 1998
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 tt 44174, Page 16, 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.
~th Hod~es Smith, CMC/AAE
City Clerk
October 13, 1998
19-
Item VI-F. 1.
MINUTES ITEM # 44176
Upon motion by Councilman Heischober, seconded by Councilman Branch, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of October 6, 1998.
Voting: 8~0
Council Members Voting Aye:
Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober,
Barbara M. Henley, Louis R. Jones, Reba S. McCIanan, Vice Mayor
William D. Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Abstaining:
Margaret L. Eure and Nancy K. Parker
Council Members Absent:
Mayor Meyera E. Oberndorf
Council Members Eure and Parker ABSTAINED as they were not in attendance during the City Council
Session of October 6, 1998.
October 13, 1998
20-
Item VI-G.I.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 44177
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
October 13, 1998
- 21 -
Item VI-G.2.
PRESENTATION
ITEM # 4417~
Vice Mayor Sessoms RECOGNIZED the following in attendance:
Seven Members of .4ndrea Gengler's Class
GREAT NECK MIDDLE SCHOOL
Susan Daniel and Edna Jarvis Fifth Grade Classes
NORFOLK ACADEMY
October 13, 1998
~ 22 -
Item VI-H.
PUBLIC HEARING
ITEM # 44179
Vice Mayor Sessoms DECLARED A PUBLIC HEARING:
CONVEYANCE OF CITY-OWNED PROPERTY/
AMEND FY1998-99 CAPITAL BUDGET APPROPRIATION ORDINANCE - VDOT PROPER TY
There being no speakers, Vice Mayor Sessoms CLOSED THE PUBLIC HEARING.
October 13, 1998
- 23 -
Item VI-I.
ORDINANCES
ITEM # 44180
Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council APPROVED IN
ONE MOTION, Ordinances/Resolution 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of the CONSENTAGENDA.
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and
A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
Council Lady McClanan voted a VERBAL NAY on Item 1.
Councilman Branch ABSTAINED on Item 1.8. as a family member has an interest in one of the parcels.
October 13, 1998
- 24 -
Item VI-I. 1.
ORDINANCES
ITEM # 44181
Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to authorize conveyance of2.11 acres of city-ownedproperty
at Holland Road and Independence Boulevard to the Virginia Beach
Development Authority re traffic improvements for the establishment of
an applicant's corporate headquarters; and, AMEND the FY 1998-99
Capital Budget Appropriation Ordinance by $2,587,740 repurchase of
the Virginia Department of Transportation (VDOT) property adjacent to
the aforesaid city-owned property. (DISTRICT 3 - ROSE HALL)
Voting: 9-1 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara bi. Henley, Louis R. Jones, Nancy K.
Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Mayor Meyera E. Oberndorf
October 13, 1998
1
2
3
4
5
6
7
8
9
AN ORDINANCE TO AUTHORIZE THE CONVEYANCE OF
CITY PROPERTY TO THE CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY, AND TO AMEND THE FY 99
CAPITAL BUDGET BY APPROPRIATING AND
TRANSFERRING $2,587,740 TO CAPITAL PROJECT 9-
260, ECONOMIC AND TOURISM DEVELOPMENT
PROJECTS, WHICH WILL FACILITATE THE
DEVELOPMENT OF A CORPORATE HEADQUARTERS ON
EXCESS CITY AND STATE REAL PROPERTY
10
ll
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
3O
31
32
WHEREAS, one of City Council's stated goals is the creation
and retention of high-paying jobs in the City;
WHEREAS, to that end, City staff have been working closely
with representatives from the Virginia Department of Transportation
so that the City of Virginia Beach Development Authority may
purchase 22.086 acres of excess state real property near
Independence Boulevard and Holland Road (the "VDOT Property") at a
cost of $90,000 an acre, for a total cost of $1,987,740;
WHEREAS, the City owns approximately 2.11 acres of land
fronting approximately 465 feet on the north side of Independence
Boulevard and Holland Road (the ~City Property"), which is adjacent
to the VDOT Property;
WHEREAS, if it can acquire both of the above-referenced
parcels, the City of Virginia Beach Development Authority intends
to sell the City Property (2.11 acres) and approximately 20.5 acres
of the VDOT Property to a local company for the development of its
corporate headquarters and campus, which will serve the information
technology, telecommunications and film production industry;
WHEREAS, after the City of Virginia Beach Development
Authority sells the City Property (2.11 acres) and approximately
20.5 acres of the VDOT Property for the above-referenced purpose,
the remaining VDOT property (approximately 1.3 acres) will be
conveyed to the City;
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WHEREAS, the costs of necessary traffic improvements
associated with this development are estimated at $600,000; and
WHEREAS, $2,587,740 in funding for the purchase of the VDOT
Property and traffic improvements needed for this development will
come from an appropriation of the net proceeds ($2,062,701)from the
planned sale of the City Property and the VDOT Property, along with
a transfer of $100,000 from Capital Project 9-141, Economic
Development Investment Program, and an appropriation of $425,039
from the General Fund - Fund Balance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH:
1. That the conveyance of 2.11 acres of City Property
located along the north side of Independence Boulevard and Holland
Road to the City of Virginia Beach Development Authority is hereby
approved, and the City Manager is authorized to execute and deliver
a deed and related documents to effect such conveyance;
2. That the FY 99 Capital Budget is hereby amended by the
appropriation and transfer of $2,587,740 to Capital Project 9-260,
Economic and Tourism Development Partnerships, which shall be used
to enable the City of Virginia Beach Development Authority to
purchase the VDOT Property and to make necessary traffic
improvements associated with this development;
3. That the funding sources for the $2,587,740 appropriated
and transferred by this ordinance are as follows:
(a) $2,062,701 to be appropriated from the proceeds of
the sale of the City Property and the VDOT Property;
(b) $100,000 to be transferred from Capital Project 9-
141, Economic Development Investment Program, to Capital Project 9-
260, Economic and Tourism Development Partnerships; and
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(c) $425,039 to be appropriated from the General Fund
Fund Balance;
4. That the proceeds from the proposed sale by the City of
Virginia Beach Development Authority of the City Property and the
VDOT Property, which are estimated to be $2,062,701, shall be
remitted to the City and the remaining portion of the VDOT Property
shall be conveyed to the City.
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Requires an affirmative vote by a majority of the members of
City Council.
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Adopted the 13th day of 0ctoberl998, by the Council of the City
of Virginia Beach, Virginia.
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CA-7162
ORDIN~NONCODE~VDOTORD.WPD
October 7, 1998
R4
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APPROVED AS TO CONTENT:
Department o~a~gement
Services
APPROVED AS TO LEGAL
SUFFICIENCY:
Law Department
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APPROVED AS TO LEGAL
SUFFICIENCY:
Law' ~epartment
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AN ORDINANCE TO AMEND THE CITY CODE
BY INCREASING THE BAD CHECK PENALTY
CHARGE FROM FIFTEEN TO TWENTY
DOLLARS
SECTION AMENDED: SECTION 2-230
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 2-230 of the City Code is hereby amended and
reordained to read as follows:
Sec. 2-230. Treasurer authorized to impose penalty charge for
bad checks.
The city treasurer is hereby authorized and required to impose
a penalty charge of fie=~.. .... twenty dollars ,¥~"=.vv~ $20.00) for any
bad checks submitted for payment of any taxes, levies or fees due
to the city. A "bad check" is any check or draft returned for
insufficient funds or because there is no account or the account
17 has been closed.
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Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 13th day of October, 1998.
CA-7160
DATA/ODIN/PROPOSED/02-230.ORD
R2
PREPARED: SEPTEMBER 28, 1998
~ty TreasUrer
TO CONTENTS:
APPROVED AS TO LEGAL
SUFFICIENCY:
Department of Law
- 25 -
Item VI-I.2.
ORDINANCES
ITEM # 44182
Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to AMEND Section 2-230 of the City Code re increasing the
bad check penaity charge from fifleen to twenty dollars.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and
A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
October 13, 1998
- 26-
Item VI-I.$.
ORDINANCES
ITEM # 44183
Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to APPROPRIA TE $I, 914, 285 excess revenue in the Sheriff's
Department Special Revenue Fund to the Sheriff's FY1998-99 Operating
Budget re equipment purchases, funding of two capital improvement
projects, and funding of the Sheriff's Department Supplemental
Retirement Fund; and, APPROPRIATE $250, O00 from the ending fund
balance of the Inmate Telephone Fund to the FY 1998-99 Capital Budget
re installation ora correctional center sprinkler system.
Voting:
10-0 (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, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and
A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
October 13, 1998
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AN ORDINANCE TO APPROPRIATE $1,914,285 OF
EXCESS REVENUE IN THE SHERIFF'S DEPARTMENT
SPECIAL REVENUE FUND TO THE SHERIFF'S FY 1998-99
OPERATING BUDGET TO BE USED FOR EQUIPMENT
PURCHASES, FUNDING OF TVVO CAPITAL IMPROVEMENT
PROJECTS, AND FUNDING OF THE SHERIFF'S
DEPARTMENT SUPPLEMENTAL RETIREMENT FUND, AND
TO APPROPRIATE $250,000 FROM THE ENDING FUND
BALANCE OF THE INMATE TELEPHONE FUND TO THE FY
1998-99 CAPITAL BUDGET FOR THE INSTALLATION OF A
CORRECTIONAL CENTER SPRINKLER SYSTEM
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WHEREAS, the Sheriff's Department received $2,337,403 in unanticipated
revenues during FY 1997-98, primarily as a result of housing an unexpectedly large
number of federal inmates and inmates from other jurisdictions;
WHEREAS, the Sheriff's Department wishes that $1,914,285 of this revenue
be appropriated by City Council for a variety of purposes, including a study of the future
needs of the Correctional Center, purchases of various equipment, and funding for the
Sheriff's Department Supplemental Retirement Fund; and
WHEREAS, $250,000 from the ending fund balance of the Inmate Telephone
Fund is available to be appropriated in the FY99 Capital Budget to CIP Project #3-403,
Correctional Center Sprinkler System.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That $1,914,285 in unanticipated FY 1997-98 revenues in the Sheriff's
Department Special Revenue Fund is hereby appropriated to the Sheriff's Department's
FY 1998-99 Operating Budget as follows:
a. $50,000 to partially fund CIP Project #3-402, Building
Maintenance/Landscape Services Relocation;
b. $686,473 to fund various one-time purchases, as detailed on
the attached list marked as "Attachment A;"
c. $200,000 to fully fund CIP Project #3-443, Correction Center
Needs Study; and
d. $976,812 to the Sheriff's Department Supplemental Retirement
Fund for Sheriff's Department employees.
2. That $250,000 from the Inmate Telephone Fund ending fund balance
is hereby appropriated to the FY 1998-99 Capital Budget for Capital Project # 3-403,
Corrections Center Sprinkler System, for the installation of a sprinkler system in the
Correctional Center.
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43
Adopted by the Council of the City of Virginia Beach, Virginia, on the i3th of
October , 1998.
44
Requires an affirmative vote by a majority of the members of City Council.
CA-7166
G:\DATA\ORDIN\NONCODE\JAIL.ORD
R3
10/6/98
Approved As To Content:
Management Serv, j~
Approved As To Legal
Sufficiency:
City Attorney
ATTACHMENT A
PROPOSED PURCHASES BY THE SHERIFF'S DEPARTMENT
-27-
Item VI-L4.
ORDINANCES
ITEM # 44184
Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to ACCEPTand APPROPRIATE a $60,000 Grant from the
Virginia Department of Conservation and Recreation to the FY1999
Operating Budget of the Department of Planning re education, habitat
conservation and restoration work for the Lynnhaven River watershed;
TRANSFER $32,000 as matching funds from the General Fund Reserve
for Contingencies; continue a temporary Environmental Planning
Technician I position; and, estimated revenue from the Commonwealth
be increased accordingly.
Voting:
10-0 (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, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and
A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
October 13, 1998
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AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT
IN THE AMOUNT OF $60,000 FROM THE VIRGINIA
DEPARTMENT OF CONSERVATION AND RECREATION,
AND TO TRANSFER $32,000 AS MATCHING FUNDS FROM
THE GENERAL FUND RESERVE FOR CONTINGENCIES -
GRANT MATCHES, FOR A TOTAL INCREASE OF $92,000 IN
THE FY 99 OPERATING BUDGET OF THE DEPARTMENT OF
PLANNING
WHEREAS, the Commonwealth of Virginia's Department of Conservation and
Recreation has provided a grant in the amount of $60,000 to support the Department of Planning's
education, habitat conservation and restoration work for the Lynnhaven River watershed, along
with related environmental programs and projects;
WHEREAS, this grant requires a cash match of $32,000, which is available in the
FY 99 General Fund Reserve for Contingencies - Grant Matches;
WHEREAS, the work to be provided through these resources will significantly
enhance the continuing work in education, habitat conservation and restoration efforts within the
Lynnhaven River watershed, and thereby provide a unique opportunity to improve the physical
appearance of the City and its environmental quality; and
WHEREAS, the Department of Planning currently has a temporary Environmental
Planning Technician I position, which can be continued through FY 99 with a portion of the grant
resources to help support the work program of this grant.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That a $60,000 grant from the Commonwealth of Virginia's Department
of Conservation and Recreation is hereby accepted and appropriated to the Department of
Planning's FY 99 Operating Budget for education, habitat conservation and restoration work for
the Lynnhaven River watershed;
2. That $32,000 in matching funds is hereby transferred from the FY 99
General Fund Reserve for Contingencies - Grant Matches to the FY 99 Operating Budget of the
Department of Planning for the work concerning the Lynnhaven River watershed;
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3. That estimated Revenue from the Commonwealth in the FY 99 Operating
Budget is hereby increased in the amount of $60,000; and
4. That a temporary Environmental Planning Technician I position shall be
continued in FY 99 within the Department of Planning to assist in carrying out the work of this
grant.
Requires an affirmative vote by a majority of the members of City Council.
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Adopted the
Beach, Virginia.
1 ~,rhday of October
,1998, by the Council of the City of Virginia
CA-7164
G:\DATA\ORDIN\NONCODE\CONSERVA.ORD
10/06/98
R3
APPROVED AS TO CONTENT:
Management Servicc~-~
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney
- 28-
Item VI-I. 5.
ORDINANCES
ITEM # 44185
Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to establish JUDICIAL CENTER NEW COURTROOMS
(Capital Project #3-001) re design and construction of new courtrooms
and judicial chambers in the Judicial Center; and, TRANSFER
$250,000 from the FY 1998-1999 Operating Budget, General Fund,
Reserve for Contingencies to the FY 1998-1999 Capital Budget.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, HI, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara 3,[. Henley, Louis R. Jones, Reba S.
McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and
,4. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
October 13, 1998
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3
4
5
AN ORDINANCE TO ESTABLISH CAPITAL
PROJECT #3-001, JUDICIAL CENTER NEW
COURTROOMS, AND TO TRANSFER $250,000
FROM THE GENERAL FUND, RESERVE FOR
CONTINGENCIES, TO THE PROJECT
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WHEREAS, the Judicial Center, which opened in 1993, was
constructed with unfinished shell space that can be finished for
additional courtrooms and administrative support space as required;
WHEREAS, an additional judge was appointed to the
Virginia Beach General District Court in July 1998, and an extra
courtroom that previously had been used for bond hearings and
arraignments is now unavailable;
WHEREAS, the lack of an extra courtroom is causing bond
hearings and arraignments to be rescheduled for later in the day,
when a courtroom is vacant, which results in the Sheriff incurring
additional staff overtime costs;
WHEREAS, in addition, the Juvenile and Domestic Relations
Court case load is so heavy that it qualifies the court for
another judge, which is expected to be approved in the 1999 General
Assembly session, thereby creating the need for another courtroom
and judge's chambers in that area;
WHEREAS, some savings can be realized by designing these
facilities at one time;
WHEREAS, total costs for design, construction and
support expenses for these new court facilities are estimated to be
$425,000, which will be expended in FY 1998-99 and FY 1999-00; and
WHEREAS, such needs were anticipated during the
development of the FY 1998-99 Operating Budget, and $250,000 was
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appropriated in the General Fund, Reserve for Contingencies, for
the purpose of designing and building such courts and chambers.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That Capital Project #3-001, Judicial Center New
Courtrooms, is hereby established for the design and construction
of new courtrooms and judicial chambers in the Judicial Center.
2. That funds in the amount of $250,000 are hereby
transferred from the FY 1998-1999 Operating Budget, General Fund,
Reserve for Contingencies, to the FY 1998-1999 Capital Budget,
Capital Project #3-001, Judicial Center New Courtrooms.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 13th day of October , 1998.
CA-7168
DATA/ORDIN/NONCODE/COURTRM.ORD
OCTOBER 6, 1998
R2
APPROVED AS TO CONTENT:
Dept of ~gement Services
APPROVED AS TO LEGAL
SUFFICIENCY:
Department of Law
2
- 29-
Item VI-I. 6.
ORDINANCES
ITEM # 44186
Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to re-establish INSTRUCTIONAL TECHNOLOGY(Capital
Project #1-196); and, TRANSFER $260,000 from various School
capital projects re capital improvements or purchases associated with
technology needs for student instruction.
10-0 (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 $.
McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and
A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
October 13, 1998
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AN ORDINANCE TO RE-ESTABLISH CAPITAL
PROJECT 1-196, INSTRUCTIONAL TECHNOLOGY,
AND TO TRANSFER $260,000 TO THIS PROJECT
FROM VARIOUS SCHOOL CAPITAL PROJECTS
WHEREAS, the School Division has identified a need to upgrade electrical service
in various schools to accommodate state-of-the-art computer labs needed for compliance with
State Standards-of-Quality;
WHEREAS, studies of the electrical needs at phase-one school sites (schools
designated to implement computer labs fully in this school year) have been undertaken and
estimated costs for upgrades are $260,000;
WHEREAS, the School Division has identified six School capital projects that have
been or are nearly completed, which have unencumbered surplus resources that can be directed
to other needs; and
WHEREAS, the School Board, by action taken October 6, 1998, has requested that
the City Council transfer these funds to a School capital project established for technology
infrastructure needs;
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That Capital Project #1-196, Instructional Technology, is hereby re-established
to address capital improvements or purchases associated with technology needs for student
instruction at various grade levels.
2. That the FY99 Capital Budget is hereby amended by the transfer of funds in the
amount of $260,000 to Capital Project #1-196, Instructional Technology, from the following sources:
# 1-047 Christopher Farms Elementary School $ 90,000
# 1-021 Corporate Landing Middle School 75,000
# 1-064 Linkhorn Park Elementary School 25,000
# 1-076 First Colonial High School 10,000
# 1-077 Kellam High School 10,000
# 1-100 Modernization Study 50,000
TOTAL $ 260,000
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Oc to ber
Adopted by the Council of the City of Virginia Beach, Virginia, on the __
,1998.
13th
day of
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CA-7159
DATNORDIN/NONCODE/WlRES.ORD
OCTOBER 7, 1998
R1
APPROVED AS TO CONTENT:
Management Service.~
APPROVED AS TO LEGAL
SUFFICIENCY:
Department of Law
2
~iiRGINIA BEACH CITY PUBLIC SCHOOLS
AHEAD OF THE CURVE
Subject: Reappropriation for Computer Lab Wiring
Section: Information
Prepared by: K. Edwin Brown
I~m Number: 9.1t.
Date: October 6~ 1998
Presenter(s): K. Edwin Brown
Recommendation:
Background Summary:
Ms. Guy requested this be placed on the agenda to receive reconamndations and discuss reappropriation
for computer lab wiring.
During its planning of the technology initiative, the Technology Committee recognized and discussed the
need for electrical upgrades in schools in order to accommc~te state-of-the-art computer labs. Thc
Committee and superintendem agreed that electrical upgrades would be handled through the CIP. When
the CIP funding for technology was removed at the close of the year, work to upgrade electricity
stopped. The administration, then, began to look for funds to upgrade electricity in phase one schools.
those schools designated to implen-~m the computer labs fully this school year. Engineering studies
the electrical reeds for high-cost phase one schools was completed in late September; now, the
administration is seeking the furrting to complete the electrical upgrades. Electrical upgrades for phase
two schools have been planned for the 1999-2000 school year.
Budget Impact:
Operating Budget: None
CIP: Transfer funds in CIP between projects
1998 Technology Initiative Year 1 - Electrical Costs for Computer Labs
Installation
Priority
School Group
ALANTON Grp 1-2
ARROWHEAD Grp 4-4
BAYSIDE Grp 3-2
BROOKWOOD Grp 2-2
CORPORATE LANDING Grp 1-9
CREEDS Grp 4-6
DEY Grp 1-4
GREEN RUN Grp 2-4
HEMITAGE Grp 3-3
HOLLAND Grp 1-6
KEMPSVILLE Grp 4-9
KEMPSVILLE MEADOWS Grp 4-10
KING'S GRANT Grp I-7
LANDSTOWN Grp 1-8
LUXFORD Grp 4-1
LYNNHAVEN Grp 4-7
MALIBU Grp 2-1
ODCGT Grp 3-1
PEMBROKE Grp 2-3
PEMBROKE MEADOWS Grp 2-6
PRINCESS ANNE Grp 1-1
ROSEMONT Grp 4-8
SHELTON PARK Grp 4-5
TH. ALIA Grp 2-7
THOROUGHGOOD Grp 1-5
TRANTWOOD Grp 4-2
WILLIAMS Grp 1-3
WINDSOR WOODS Grp 2-5
WOODSTOCK Grp 4-3
Notes
Estimated
Cost
Range
"$2K
^$2K
^$10K
^$5K
Estim
^$5K
Total Cost
per Sch
$10,700
$0
$0
$0
$9,753'
$0
$0
$2,000
$0
$10,084
$9,714
$0
$0
$9,698
$9,792
$2,000
$I0,000
$0
$5,000
$0
$10,410
$11,000
$0
$0
$10,045
$0
$5,000
$10,392
$125,588.00
BAYSIDE MS 5
BAYSIDE 6TH 4
BRANDON MS 2
INDEPENDENCE MS 7
KEMPS LANDING 1
KEMPSVILLE MS 8
LANDSTOWN MS 9
LYNN~VEN MS 3
PLAZA MS 11
PRINCESS ANNE MS NA
SALEM MS 12
VA. BEACH MS 13
CEL 14
Needs Study
Needs Study
Needs Study
Needs Study
Needs Study
^$5K
Estim
^$5K
^$5K
^$40K
$0
$0
$5,000
$0
$11,000
$5,000
$5,000
$0
$10,025
$0
$0
$0
$0
$36,025.00
BAYSIDE HS 2
COX 1
FIRST COLONIAL 7
KELLAM 3
$0
$0
$I0,023
$0
RMullen Page 1
1998 Technology Initiative Year 1 - Electrical Costs for Computer Labs
School
OCEAN LAKES HS
SALEM HIGH
TALLWOOD HS
Installation
Priority
Group
6
5
4
Notes
Totals (Items above)
Estimate 5 Middle Schools
Subtotal
Contingency issues (determined by unknown variables)
Grand Total
Estimated
Cost
Range
Total Cost
per Sch
$0
$9,947
$0
19,97O.OO
181,583.00
50,000.00
231,583.00
28,417.00
260,000.00
The $181,583 cost is based on information at this time. The figure does not reflect the
cost of the 5 middle schools still under study. The total cost of these schools could run
as h gh as $50,000 (estimated).
RMullen Page 2
CAPITAL IMPROVEMENT PROGRAM (CIP)
PROPOSED TRANSFER OF FUNDS
Listed below are the CIP projects near/ng closeout that have funds available
for transfer to the CF 1-196 Instructional Technology project for use in
wiring computer labs.
PROJECT NUMBER PROJECT NAME AMOUNT
CI]:' 1-021 Corporate Landing Middle School 5; 75~000
C~ 1-047 Christopher Farms Elementary School 90~000
CIP 1-064 Linkhom Park Elementary School 25~000
C[P 1-076 First Colonial High School 10,000
CIP 1-077 Kellam High School 10,000
CIP 1-1100 Modernization Study 50~000
TOTAL $260,000
- 30-
Item VI-I. 7.
ORDINANCES
ITEM # 44187
Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to grant KMC Telecom of Virginia, Inc., a temporary
Nonexclusive Revocable license to construct, maintain and operate
telecommunications facilities in, over, under and across the public ways
of the City; and, authorize the City Manager to execute an agreement.
Voting:
10-0 (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, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and
A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
October 13, 1998
AN ORDINANCE GRANTING TO KMC TELECOM OF VIRGINIA, INC. A
TEMPORARY NONEXCLUSIVE REVOCABLE LICENSE TO CONSTRUCT,
MAINTAIN AND OPERATE TELECOMMUNICATIONS FACILITIES IN,
OVER, UNDER AND ACROSS THE PUBLIC WAYS OF THE CITY
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WHEREAS, KMC Telecom of Virginia, Inc. (hereinafter KMC), is
a telecommunications carrier, as defined in Section 3 of the
Communications Act of 1934, as amended (47 U.S.C. § 153); and
WHEREAS, KMC desires to provide telecommunications service,
including, but not necessarily limited to, local exchange and long-
distance service within the City; and
WHEREAS, the City is in the process of developing a
telecommunications regulatory ordinance and franchise agreement
governing the use of public ways by telecommunications carriers;
and
WHEREAS, KMC desires to commence the construction of its
telecommunications system prior to the time it could obtain a
franchise from the City, and is agreeable to entering into a
temporary and revocable license agreement pending adoption by the
City Council of a telecommunications regulatory ordinance and
franchise agreement; and
WHEREAS, KMC has been granted a certificate of convenience and
necessity as a telecommunications provider by the Virginia State
Corporation Commission; and
WHEREAS, the City is agreeable to allowing KMC to use the
City's public ways, subject to the terms and conditions set forth
in the Temporary Nonexclusive Revocable License Agreement and to
any future telecommunications regulatory ordinance and franchise
that may be adopted by the City;
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Council hereby approves the attached Temporary
Revocable License Agreement, and hereby authorizes and directs the
City Manager to execute such Agreement on behalf of the City.
Adopted by the City Council of the City of Virginia Beach on
13th October
this day of , 1998.
CA-98-7135
wmm~ordres\kmclic.orn
September 22, 1998
R-1
APPROVED AS TO CONTENT
Information Technolo~
APPROVED AS TO LEGAL
SUFFICIENCY
Department of Law
2
CITY OF VIRGINIA BEACH, VIRGINIA
TEMPORARY NONEXCLUSIVE REVOCABLE LICENSE AGREEMENT
This Temporary Nonexclusive Revocable License Agreement (hereinafter "Agreement") is
made and entered into as of September 10, 1998, by and between the City of Virginia Beach,
Virginia, a Virginia municipal corporation (hereinafter "City" or "Grantor") and KMC Telecom of
Virginia, Inc. (hereinafter "KMC" or "Grantee"), a Virginia corporation, having an office at 1545
Route 206, Suite 300, Bedminster, New Jersey 07921.
WHEREAS, KMC has requested the right to install and operate a telecommunications
system or facilities in the City's rights-of-way in order to provide telecommunications ~services
within certain areas of the City; and
WHEREAS, the Commonwealth of Virginia has recently adopted new legislation
regarding public rights-of-way and telecommunications facilities; and
WHEREAS, the City is in the process of developing a telecommunications regulatory
ordinance and franchise, which ordinance and franchise agreement may take several months to
complete; and
WHEREAS, KMC desires to enter the City's rights-of-way under a temporary
nonexclusive revocable License to use the rights-of-way at its own risk; and
WHEREAS, the City is agreeable to allowing KMC to use the City's rights-of-way subject
to certain terms and conditions hereinafter set out and subject to any telecommunications
regulatory ordinance and franchise that may be adopted by the City in the future.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, the City and KMC agree as follows:
Section l.l: Grant ofAuthority: KMC is hereby granted a temporary nonexclusive
revocable License to construct, maintain, and operate telecommunications facilities in, over,
under, and across the public ways within the City, as designated on the routing map attached as
Exhibit 1, for the sole purpose of providing telecommunications services, including, but not
limited to, both local exchange and interexchange (long distance) service. This License does not
authorize Grantee to provide cable television services of any type or any wireless services or
other types of services other than telecommunications services, as defined in Section 1.2 of this
Agreement. Grantor specifically reserves the right to grant other Licenses or other rights as it
deems appropriate for other telecommunications systems or facilities or any other purposes in
accordance with the law. KMC shall provide a detailed route diagram and detailed description of
all facilities, appliances, their location, and construction requirements, in connection with its
application to obtain construction permits for the network backbone as required under Section 4.4
of this Agreement.
Section 1.2: Definitions: For the purpose of this Agreement, and the interpretation and
enforcement thereof, the following words and phrases shall have the following meanings, unless
the context of the sentence in which they are used shall indicate otherwise:
"Affiliate" means a person that directly, or indirectly, through one or more intermediaries, owns,
controls, is owned or controlled by, or is under common ownership or control with another
person.
"Cable Act" shall mean the Cable Communications Policy Act of 1984, 47 U.S.C. §532 et seq. as
now and hereafter amended.
"Cable operator" means a person providing or offering to provide "cable service" within the City
as that term is defined in the Cable Act.
"Cable service" for the purpose of this Agreement shall have the same meaning provided by the
Cable Act, and shall be synonymous with the term "cable television service".
"City" means the City of Virginia Beach, Virginia, and where appropriate, its officers, agents,
employees and volunteers.
"City Attorney" means the City Attorney or his designee.
"City Engineer" means the City Engineer or his designee.
"City Manager" means the City Manager or his designee.
"City property" means and includes all real property owned by the City, other than public streets
and utility easements, as those terms are defined herein, and all property held in a proprietary
capacity by the City which is not subject to right-of-way franchising as provided by law.
"Communications Act" means the Communications Act of 1934, as amended by the
Telecommunications Act of 1996, Pub. L. No. 104~104, 110 Stat. 56, and as may be amended
from time to time.
"Conduit" means any materials, such as metal or plastic pipe, that protects wire, cable, lines,
fiber optic cable, or other technology for the provision of telecommunications service.
"Duct" means a pipe, tube, channel or similar item for carrying wires, lines, cables, fiber optic
cable, or other technology for the provision of telecommunications service.
"Excess capacity" means the volume or capacity in any existing or future duct, innerduct,
conduit, manhole, handhole or other utility facility within the public way that is, or will be,
available for use for additional telecommunications facilities.
"FCC" or "Federal Communications Commission" means the Federal administrative agency,
or lawful successor, authorized to regulate and oversee telecommunications carriers, services and
providers on a national level.
"Grantee" or "K3~IC" means KMC Telecom of Virginia, Inc.
"Grantor" means the City of Virginia Beach, Virginia.
"Maintenance" means any effort or expenditure taken or made by a Grantee to preserve, repair,
or improve existing telecommunications facilities or infrastructure in accordance with generally
accepted industry standards.
"Other ways" means the highways, streets, alleys, utility easements or other rights-of-way within
the City, but under the jurisdiction and control of a governmental entity other than the City.
"Overhead facilities" means utility poles, utility facilities and telecommunications facilities
located above the surface of the ground, including the underground supports and foundations for
such facilities.
"Person" means any natural person, corporation, company, association, joint stock company or
association, firm, partnership, limited liability company, joint venture, trust, individual and any
other legally recognized entity, private or public, whether for profit or not-for-profit, and includes
the.officers, agents, employees or representatives of such entity where appropriate.
"Public street" includes the surface of, and the space above and below, any public street, road,
highway, avenue, sidewalk, way, bridge, viaduct, alley or other public right-of-way, including
non-paved surfaces, now or hereafter held by the City for the purpose of public travel,
communications, alarm, street lighting, power distribution, water or sewer service or similar
public use.
"Public way" means and includes all public streets and utility easements, as those terms are
defined herein, now or hereafter held or controlled by the City, but only to the extent of the City's
right, title, interest or authority to grant a License to occupy and use such streets and easements
for telecommunications facilities.
"State" or "Commonwealth" means the Commonwealth of Virginia.
"State Corporation Commission" means the State administrative agency, or lawful successor,
authorized to regulate and oversee telecommunications carriers, services and providers in the
Commonwealth of Virginia.
"Surplus space" means that portion of the usable space on a utility pole which has the necessary
clearance from other pole users, as required by the orders and regulations of the State
Corporation Commission or other regulatory entity, to allow its use by a telecommunications
carrier for a pole attachment.
"Telecommunications facilities" means the plant, equipment and property, including but not
limited to, fiber optic cables, cables, lines, wires, conduits, ducts, circuits, pedestals, antennae,
electronics and other appurtenances or technology used or to be used to transmit, receive,
distribute, provide or offer telecommunications services.
"Telecomtnunications service" means the providing or offering for rent, sale or lease, or in
exchange for other value received, the transmittal of signals, including but not limited to, voice,
data, image, graphic or video or other programming information between or among points by
wire, lines, cable, fiber optics, circuits, laser or infrared, microwave, radio, satellite or other
telecommunications facilities.
"Telecommunications system "see "Telecommunications facilities."
"Underground facilities" means utility or telecommunications facilities located under the surface
of the ground, excluding the underground foundations or supports for Overhead Facilities.
"Usable space" means the total distance between the top of a utility pole and the lowest possible
attachment point that provides the minimum allowable vertical clearance as specified in the orders
and regulations of the State Corporation Commission or other regulator entity, or by statute or
ordinance or specification of the City.
"Public Utility" or "Utility" shall be defined in accordance with applicable state laws regarding
public utilities.
"Utility easement" means any easement held by the City and acquired, established, dedicated or
devoted for public utility purposes not inconsistent with telecommunications facilities.
"Utility facilities" means the plant, equipment and property, including but not limited to, the
poles, pipes, mains, conduits, ducts, cables, fiber optic cables, circuits, wires, lines, plant and
equipment located under, on or above the surface of the ground within the public ways of the City
and used or to be used for the purpose of providing utility or telecommunications services.
Section 2.1: Compliance With Applicable Law. City and Grantee shall at all times comply
with all applicable federal, state, and local laws, ordinances, and regulations, including but not
limited to the Communications Act.
Section 2.2: Permits. Grantee, including its contractors and consultants, prior to any
construction or work will obtain all appropriate permits therefor, including any application and
permit for street opening if any streets will be disturbed.
Section 2.3: Grantee's Authority. Grantee warrants and represents that it has obtained all
necessary and appropriate authority and approval from all applicable federal and state agencies or
authorities to provide all telecommunications facilities and services it intends to provide within the
City and upon request by the City will provide evidence of such authority.
Section 2.4: License Only. Grantee acknowledges and agrees that all Grantee is granted by
this Agreement is a temporary nonexclusive revocable License and that no other rights of any kind
are granted by this Agreement, including but not limited to, any right to provide any type of cable
television services or wireless services. Grantee acknowledges that, subject to applicable
provisions of federal and state law, including, but not limited to, the Communications Act,
Grantor may revoke the license hereby granted to Grantee.
Section 2.5: Application Of Telecommunications Regulatory Ordinance. Grantee
acknowledges and agrees that the City is in the process of developing a telecommunications
regulatory ordinance and franchise . Grantee acknowledges and agrees that it will be subject to
any final telecommunications regulatory ordinance and franchise that the city may adopt in
accordance with the law and that Grantee will comply with all the terms thereof in accordance
with state and federal laws.
Section 2.6: Compensation. Grantee acknowledges and agrees that the compensation Grantee
will owe the City, if any, for the use of the City's public ways or other areas has not yet been
determined in light of recently adopted state law, but will be determined upon the City's adoption
of the telecommunications regulatory ordinance and franchise.
Section 2.7: Term. The term of this Agreement shall be until December 1, 1999, or upon the
effective date of a telecommunications regulatory ordinance and franchise by the City, whichever
occurs first, at which time this Agreement shall, except as otherwise herein provided, terminate. If
such ordinance and franchise do not become effective by December 1, 1999, the term of this
Agreement shall automatically extend for one (1) additional year or until such ordinance and
franchise take effect, whichever first occurs. Nothing contained in this Section shall limit the
authority of the Grantor to revoke the license hereby granted prior to the expiration of the term of
this Agreement.
Section 2.8: Other remedies. Nothing in this Agreement shall be construed as waiving or
limiting any rights or remedies that the City or Grantee may have, at law or in equity, for
enforcement of this Agreement.
Section 2.9: Severability. If any section, subsection, sentence, clause, phrase, or other portion
of this Agreement, or its application to any person, is, for any reason, declared invalid, in whole or
in part by any court or agency of competent jurisdiction, said decision shall not affect the validity
of the remaining portions hereof.
Section 2.10: Transfer of ownership. Grantee shall not sell, transfer, lease, assign, sublet, or
dispose of, in whole or in part, either voluntarily or by force or involuntary sale, or ordinary sale,
consolidation, or otherwise any (except to a parent or affiliate, or in connection with financing by
Grantee in the ordinary course of business) of the rights or privileges granted by this Agreement
without the prior consent of the City Council, which consent shall not be unreasonably withheld.
Notwithstanding any other provision of this Agreement, no consent from the City shall be
required
for a transfer in trust, mortgage, collateral assignment or other instrument of hypothecation, in
whole or in part, to secure an indebtedness, or for a pro forma transfer to a corporation,
partnership, or other entity controlling, controlled by, or under common control with, the
Grantee. ,
Section 2.11: Costs. Grantee will pay to the City the sum of One Thousand Dollars ($1,000) for
the costs and expenses incurred by the City related to the grant of this License Agreement.
Section 3.1: Location of Facilities: All facilities shall be constructed, installed and located in
accordance with the following terms and conditions, unless otherwise specified by the City:
3.1.1: Grantee shall install its telecommunications facilities on pole attachments to existing or
replacement utility poles only, and then only if surplus space is available.
3.1.2:
Whenever all existing electric utilities, cable facilities or telecommunications facilities are
located underground within a particular segment of a public way of the City, Grantee shall
also locate its telecommunications facilities underground.
3.1.3:
Whenever all new or existing electric utilities, cable facilities or telecommunications
facilities are located or relocated underground within a particular segment of a public way
of the City, Grantee shall relocate its facilities underground, within a reasonable period of
time. Absent extraordinary circumstances or undue hardship as determined by the City,
such relocation shall be made concurrently to minimize the disruption of the public ways.
Reimbursement for costs of relocation of new installations of Grantee's
telecommunications facilities, as defined in Virginia Code Section 56-468.1, shall be in
accordance with Virginia Code Section 56-468.2, or any successor statute.
Section 3.2: Compliance with Laws: Grantee shall, before commencing any construction in
the public ways, comply with all local, state and federal laws and regulations and continue to
comply with them throughout the term of this Agreement.
Section 3.3: Permits: Grantee is required to obtain all applicable permits for
telecommunications facilities as required in this Agreement. However, nothing herein shall
prohibit the City and Grantee from agreeing to an alternative plan to review permit and
construction procedures provided such alternative procedures provide substantially equivalent
safeguards for responsible construction practices.
Section 3.4: Public Works: The rights and privileges granted by this Agreement shall not be in
preference or hindrance to the rights of the City and any other lawful governmental authorities
having jurisdiction to perform or carry out any public works or public improvements. Should the
telecommunications system interfere with the construction, maintenance or repair of such public
works or improvements, Grantee, at its expense, shall protect or relocate the telecommunications
system, or any applicable part thereof, as directed by the City or other governmental authorities
having jurisdiction so long as such directions are in compliance with Virginia Code Section 56-
468.2, or any .successor statute.
Section 3.5: Use of Public Ways:
3.5.1:
Grantee, in any opening it shall make in the public ways of the City, shall be subject to the
provisions of this Agreement and to all applicable ordinances, codes and regulations of the
City. The telecommunications system of Grantee shall be located so as not to interfere
with the public safety or with the convenience of persons using the public ways.
3.5.2:
Grantor shall have the right to specifically designate the location of the telecommunications
system of Grantee with reference to municipal facilities, such sewer and water mains,
drainage facilities, fiber optic cable, signal poles and lines and similar services, other
facilities, such as public telephone utilities, public electric utilities, cable television facilities,
and railway, communication and power lines, in such a manner as to protect the public
safety and public and private property. Failure by the City to so designate shall not relieve
Grantee of its responsibilities in matters of public safety as provided in this Agreement.
Grantee shall construct, maintain and locate its telecommunications system so as not to
interfere with the construction, location and maintenance of sewer, water, drainage,
electrical, signal and fiber optic facilities of the City.
3.5.3:
Except in the cases of emergencies, Grantee shall not move, alter, change or extend any of
its telecommunications system in any public way unless prior written notice of its intention
to do so is given to the City Manager and permission in writing to do so is granted, or such
requirement is waived, by the City Manager. Such permission shall be conditioned upon
compliance with the terms and conditions of this Agreement, with such other terms and
conditions as will preserve, protect and promote the safety of the public using the public
ways, and as will prevent undue interference with or obstruction of the use of the public
ways by the public, the City or by any other public utility, public service corporation or
cable operator for their respective purposes and functions. Such work by Grantee shall also
be coordinated with the City's annual paving program through the Office of the City
Engineer.
3.5.4:
The City may require that written permits, in any and all cases, be obtained by Grantee
whenever it becomes necessary for Grantee to excavate in the public ways in order to
install, construct, maintain or extend the telecommunications system. Such permits, if
required, may be made applicable to any and all types of excavations in the public ways, as
prescribed by the City, and the City may establish a fee for each excavation made in a
public way by Grantee. Such permits may r~quire the particular part or point of the public
ways where construction or excavation is to be conducted, the length of time in which such
permit shall authorize such work to be done and the hours of each day during which such
work shall be undertaken. A single permit may be issued for multiple excavations to be
made in public ways; provided, however, any public way opening fee established by the
City shall apply to each excavation made in public ways of the City. Exceptions to the
requirement for a written permit may be allowed in cases of emergencies involving public
safety or restoration of service. In the case of emergency excavations made in the public
ways without a permit, Grantee may make a report of each such excavation to the City
within two (2) working days and pay such fee as may be established by the City for
excavations in public ways by Grantee. Any permit applications and inspections related to
repair of excavations shall be promptly acted upon by the City so as not to unreasonably
delay Grantee in efficiently discharging its public service obligation
3.5.5:
Immediately after installation, repair or extension of the telecommunications system or any
portion thereof or any pavement cut by Grantee in any public way of the City, the incidental
trenches or excavations shall be refilled by Grantee in a manner acceptable to the City
Manager. Pavement, sidewalks, curbs, gutters or any other portions of public ways
damaged, disturbed or destroyed by such work shall be promptly restored and replaced
with like materials to their former condition by Grantee at its own expense; however, where
it is necessary, and if authorized by the City, in order to achieve the former conditions,
Grantee shall use materials whose type, specification and quantities exceed or are different
from those used in the installation, then Grantee at its own expense shall provide such
different materials. Where a cut or disturbance is made in a section of sidewalk or paving,
rather than replacing only the area actually cut, Grantee shall replace the full width of the
existing sidewalk or appropriate sections of paving as determined by the City Engineer and
the full length of the section or sections cut, a section being defined as that area marked by
expansion joints or scoring or as determined by the City Engineer. Grantee shall maintain,
repair and keep in good condition for a period of one (1) year following such disturbance
all portions of public ways disturbed by Grantee, provided such maintenance and repair
shall be necessary because of defective workmanship or materials supplied by Grantee.
3.5.6:
Grantee shall promptly remove or correct any obstruction, damage, or defect in any public
way which may have been caused by Grantee in the installation, operation, maintenance or
extension of Grantee's telecommunications system. Any such obstruction, damage, or
defect which is not promptly removed, repaired or corrected by Grantee after proper notice
to do so, given by the City to Grantee, may be removed or corrected by the City, and the
cost thereof shall be charged against Grantee and may be enforced as a lien upon any of
Grantee's properties or assets. Any expense, cost, or damages incurred for repair,
relocation, or replacement to City water, sanitary sewer, storm sewer, storm drainage,
communication facilities or other property resulting from construction or maintenance of
Grantee's telecommunications system shall be borne by Grantee and any and all expense
and cost incurred in connection therewith by the City shall be fully reimbursed by the
Grantee to the City.
(a)
If weather or other conditions do not permit the complete restoration required by this
Section, Grantee shall temporarily restore the affected public ways or property. Such
temporary restoration shall be at Grantee's sole expense and Grantee shall promptly
undertake and complete the required permanent restoration when the u/eather or other
conditions no longer prevent such permanent restoration.
(b)
Grantee or other person acting in its behalf shall use suitable barricades, flags, flaggers,
lights, flares and other measures as required for the safety of all members of the general
public and to prevent injury or damage to any person, vehicle or property by reason of such
work in or affecting such ways or property and shall comply with all federal, state, and
local laws and regulations, including the Virginia Department of Transportation flagging
requirements.
3.5.7:
Grantee shall not open, disturb or obstruct, at any one time, any more of the public ways
than reasonably necessary to enable it to proceed in laying or repairing its
telecommunications system. Neither shall Grantee permit any public ways so opened,
disturbed or obstructed by it in the installation, construction, repair or extension of its
telecommunications system to remain open or the public way disturbed or obstructed for a
longer period of time than reasonably shall be necessary. In all cases where any public
ways shall be excavated, disturbed or obstructed by Grantee, Grantee shall take all
precautions necessary or proper for the protection of the public and shall maintain adequate
warning signs, barricades, signals and other devices necessary or proper to adequately give
notice, protection and warning to the public of the existence of all actual conditions
present.
3.5.8:
Whenever the City shall widen, reconstruct, realign, pave or repave, or otherwise work on
any public ways, or shall change the grade or line of any public ways, or shall construct or
reconstruct any water, sanitary sewer, storm sewer, drainage or communications facility of
the City, it shall be the duty of Grantee to move, alter or relocate its telecommunications
system or any part thereof as requested by the City. Upon written notice by the City
Manager of the City's intention to perform work as specified above, Grantee shall within a
reasonable period of time accomplish its obligation in accordance with and to conform to
the plans of the City for such construction, reconstruction or improvements. Should the
Grantee fail, refuse or neglect to comply with such notice, the telecommunications system
or any part hereof may be removed, altered or relocated by the City and the City shall not
be liable to Grantee for any damages resulting from such removal, alteration or relocation.
All relocation costs for new facilities, as defined by Virginia Code Section 56-468.1, shall
be reimbursed by the City to Grantee in accordance with Virginia Code Section 56-468.2.
Section 3.6: Damage to Property: Grantee, nor any person acting on Grantee's behalf, shall take any
action or permit any action to be done which may impair or damage any City Property, Public
Ways of the City, Other Ways or other property located in, on or adjacent thereto.
Section 3.7: Repair and Emergency Work: In the event of an unexpected repair or emergency,
Grantee may commence such repair and emergency response work as required under the
circumstances, provided Grantee shall notify the City as promptly as possible, before such repair
or emergency work is started or as soon thereafter as possible if advance notice is not practicable.
Section 3.8: Maintenance of Facilities: Grantee shall maintain its facilities in good arid safe condition
and in a manner that complies with all applicable federal, state and local requirements, laws,
ordinances, and regulations.
Section 3.9: Safety Standards. Grantee shall at all times employ a high standard of care and shall
install and maintain and use approved methods and devices for preventing failure or accidents
which are likely to cause damages, injuries or nuisances to the public.
Section 3,10: Police Power. All rights and privileges granted hereby are subject to the lawful
exercise of the police power of the City to adopt and enforce local laws, rules and regulations
necessary to the health, safety and general welfare of the public. Expressly reserved to the City is
the right to adopt, in addition to the provisions of this Agreement and existing laws, such
additional ordinances and regulations as are necessary for the lawful exercise of its police power
for the benefit and safety of the public.
Section 3.11: Relocation or Removal of Facilities: Within one hundred and twenty (120) days
following written notice from the City, Grantee shall temporarily or permanently remove,
relocate, change or alter the position of any telecommunications facilities within the public ways
whenever the City shall have determined that such removal, relocation, change or alteration is
reasonably necessary for the construction, repair, maintenance or installation of any City facilities
or other public improvement in or upon the public ways, or the operations of the City or other
governmental entity in or upon the public ways. All relocation costs for new facilities, as defined
by Virginia Code Section 56-468.1, shall be reimbursed by the City to Grantee in accordance with
Virginia Code Section 56-468.2.
Section 3.12:Emergency Removal or Relocation of Facilities: The City retains the right and
privilege to cut or move any telecommunications facilities located within the public ways or other
areas of the City as the City may determine to be necessary, appropriate or useful in response to
any life-threatening emergency. The City will endeavor to notify Grantee of such emergencies
which may impact its telecommunications facilities. Nothing herein shall create any duties or
obligations on the City to so notify Grantee nor shall the City, its officers, agents, employees, or
volunteers in any way be liable for any failure to notify Grantee.
Section 3.13: Damage to Grantee's Facilities: The City, its officers, agents, or employees, shall not be
liable for any damage to or loss of any of Grantee's telecommunications services or
telecommunications facilities within the public ways or any other areas of the City as a result of or
in connection with any public works, public improvements, construction, excavation, grading,
filling, or work or activity or lack of any activity of any kind by or on behalf of the City.
Section 3.14: Facilities Maps: Grantee shall provide the City with "as built" drawings and an accurate
ma~ or maps to include a digitized map(s) in both printed and electronic form readable by the
current version of Auto CAD and tied to the Virginia State Plane Coordinate System and tied to
the City's Survey Control monuments and geographic information system certifying the location
of all telecommunications facilities within the City. Grantee shall, upon request, provide updated
maps annually.
Section 3.15: Duty to Provide Information: Within ten (10) days of a written reques~t from the City,
Grantee shall furnish the City with information sufficient to demonstrate that:
3. 15.1: Grantee has complied with all requirements of this Agreement;
3.15.2:all municipal sales, telecommunications, utility and any other taxes or charges due the City in connecti
3.15.3 :all books, records, maps and other documents maintained by Grantee with respect to its services or
Section 3.16: Insurance and Bond Requirements:
(a)
Requirement of Insurance. Grantee shall, at its expense, obtain and maintain during the
life of this Agreement the insurance and bond required by this Agreement. Any required
insurance and bond shall be effective prior to the beginning of any work by Grantee within
the City.
(b)
Commercial General Liability. Grantee shall maintain during the life of this Agreement
Commercial General Liability insurance coverage on an occurrence basis insuring against
all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to
persons or property arising out of any of the work or activity under or by virtue of this
Agreement. The minimum limits of liability for this coverage shall be Two Million Dollars
($2,000,000) combined single limit for any one occurrence.
(c)
Contractual Liability. Grantee shall maintain during the life of this Agreement broad form
Contractual Liability insurance including the indemnification obligation set forth in this
Agreement.
(d)
(e)
Workers' Compensation. Grantee shall maintain during the life of this Agreement
Workers' Compensation insurance covering Grantee's statutory obligation under the laws
of the Commonwealth of Virginia and Employer's Liability insurance for all its employees
engaged in work under this Agreement.
Automobile Liability. Grantee shall maintain during the life of this Agreement Automobile
Liability insurance. The minimum limit of liability for such insurance shall be One Million
Dollars ($1,000,000) combined single limit applicable to owned or non-owned vehicles
used in the performance of any work under this Agreement.
Umbrella Coverage. The insurance coverages and amounts set forth in subsections
(b), (c), (d) and (e) of this Section may be met by an umbrella liability policy
following the form of the underlying primary coverage in a minimum amount of
Five Million Dollars ($5,000,000). Should an umbrella liability insurance coverage
policy be used, such coverage shall be accompanied by a certificate of endorsement
stating that it applies to the specific policy numbers indicated for the insurance
providing the coverages required by subsections (b), (c), (d) and (e), and its further
agreed that such statement shall be made a part of the certificate of insurance
furnished by Grantee to the City. ,
Pollution Liability Insurance. Grantee shall maintain during the life of this
Agreemeut Pollution Liability Insurance in the amount of One Million Dollars
($1,000,000) for each occurrence. Coverage shall be provided for bodily injury and
property damage resulting from pollutants which are discharged suddenly and
accidentally. Such insurance shall also provide coverage for cleanup costs.
HI.' Evidence of Insurance. Ail insurance shall meet the following requirements:
Grantee shall furnish the City a certificate or certificates of insurance showing
the type, amount, effective dates and date of expiration of the policies.
Certificates of insurance shall include any insurance deductibles, the amount of
such deductible being subject to approval by the City,
The required certificate or certificates of insurance shall include substantially the
following statement: "The insurance covered by this certificate shall not be
canceled or materially altered, except after thirty (30) days written notice has
been received by the City of Virginia Beach;"
6. The required certificate or certificates of insurance shall name the City of
Virginia Beach, its officers, agents, and employees as additional insureds; and
Insurance coverage shall be in a form and with an insurance company approved
by the City, which approval shall not be unreasonably withheld. Any insurance
company providing coverage under this Agreement shall be authorized to do
business in the Commonwealth of Virginia.
Section 3.17: Liability: Grantee agrees and binds itself to indemnify, keep and hold the City, its
officers, agents, employees and volunteers free and harmless from any and all claims, causes of
action, damages or any liability on account of any injury or damage of any type to any persons or
property growing out of or directly or indirectly resulting from any act or omission of Grantee,
including but not limited to: (a) Grantee's use of the public ways or other areas of the City; (b) the
acquisition, construction, reconstruction, erection, installation, operation, maintenance, repair or
extension of Grantee telecommunications facilities; (c) the exercise of any right or privilege
granted by or under this Agreement; or (d) the failure, refusal or neglect of Grantee to perform
any duty imposed upon or assumed by Grantee by or under this Agreement. In the event that any
suit or proceeding shall be brought against the City at law or in equity, either independently or
jointly with Grantee on account thereof, Grantee, upon notice given to it by the City, will defend
the City in any such action or other proceeding, at the cost of the Grantee. In [he event of any
settlement or final judgment being awarded against the City, either independently or jointly with
Grantee, then Grantee will pay any such settlement or judgment or will comply with such decree,
pay all costs and expenses of whatsoever nature and hold the City, it officers, agents, employees
and volunteers harmless therefrom.
Section 3.18: Hazardous Materials:
3.18.1:
While on or near City's property or easement or in its performance of this Agreement
Grantee shall not transport, dispose of or release any hazardous substance, material, or
waste, except as necessary in performance of its work under this Agreement and in any
event Grantee shall comply with all federal, state, and local laws, rules, regulations, and
ordinances controlling air, water, noise, solid wastes, and other pollution, and relating to
the storage, transport, release, or disposal of hazardous material, substances or waste.
Regardless of City's acquiescence, Grantee shall indemnify and hold City, its officers,
agents, employees and volunteers harmless from all costs, claims, damages, causes of
action, liabilities, fines or penalties, including reasonable attorney's fees, resulting from
Grantee's violation of this paragraph and agrees to reimburse City for all costs and
expenses incurred by City in eliminating or remedying such violations. Grantee also agrees
to reimburse City and hold City, its officers, agents, employees and volunteers harmless
from any and all costs, expenses, attorney's fees and all penalties or civil judgments
obtained against any of them as a result of Grantee's use or release of any hazardous
substance or waste onto the ground, or into the water or air from, near or upon City's
premises. For purposes of this Section, the following definitions shall apply:
"Hazardous Substances" means asbestos and any and all pollutants, dangerous substances,
toxic substances, hazardous wastes, hazardous materials and hazardous substances as
referenced or defined in, or pursuant to, any federal, state, local or other applicable
environmental law, statute, ordinance, rule, order, regulation or standard in effect on the
date hereof including, without limitation, the Resource Conservation and Recovery Act
(42 U.S.C 6901, et seq.), as amended, the Federal Insecticide, Fungicide and Rodenticide
Act (7 U.S.C. 135, et seq.), as amended, the Comprehensive Environmental Response,
Compensation and Liability Act (42 U.S.C. 9601, et seq.), as amended, and the Toxic
Substance Control Act (15 U.S.C. 2601, et seq.), as amended.
"Release" means placing, releasing, depositing, spilling, leaking, pumping, emitting,
emptying, discharging, injecting, escaping, leaching, disposing or dumping.
3.18.2:The Grantee shall protect, indemnify, and hold harmless the City, its officers, agents, and
employees, from any and all demands for fees, claims, suits, actions, causes of action, or
judgments based on the alleged infringement or violation of any patent, invention, article,
arrangement, or other apparatus that may be used in the performance of any work or
activity arising out of the use of any telecommunication facilities or the provision of
telecommunication service.
Section 3.19: Performance and Labor and Material Surety: This Agre,ement shall not
become effective unless and until the Grantee provides and deposits such monies, bonds, letters
of credit or other instruments in form and substance acceptable to the City Attorney as are
required by this Agreement.
Section 3.20: Bond and Letter of Credit:
3.20.1:
Within ten (10) days after this License is approved by the Grantor's governing body, and
prior to the commencement of any construction by Grantee, Grantee shall furnish, and file
with Grantor a performance bond, in such form as is approved by the City Attorney, in
the penal sum of Fifty Thousand Dollars ($50,000). The rights reserved to Grantor with
respect to the bond shall be in addition to all other rights Grantor may have under this
Agreement or any other law. The bond shall contain the following endorsement:
"It is hereby understood and agreed that this bond may not be canceled without
the consent of the City until sixty (60) days after receipt by the City by registered
mail, return receipt requested, of a written notice of intent to cancel or not to
renew."
The bond shall guarantee, to the satisfaction of Grantor:
(a) timely completion of construction;
(b)
construction in compliance with applicable plans, permits, technical codes
and standards;
(c) proper location of the facilities as specified by the City;
(d) restoration of the public ways and other property affected by the
construction;
(e)
the submission of "as-built" drawings after completion of the work as
required by this Agreement;
(0
timely payment and satisfaction of all claims, demands or liens for labor,
material or services provided in connection with the work; and
(g)
the faithful performance by Grantee of all of the terms and conditions of
this Agreement
3.20.2: Within ten (10) days after this License is approved by Grantor's governing body, and
prior to the commencement of any construction by Grantee, Grantee shall also provide to
Grantor an irrevocable Letter of Credit in a form acceptable to the City Attorney in the
principal amount of Twenty-Five Thousand Dollars ($25,000).
The Letter of Credit shall serve as security for:
(a)
The faithful performance by Grantee of all the terms and conditions of this
Agreement;
(b)
Any expenditure, damage or loss incurred by Grantor occasioned by Grantee's
unexcused or uncured failure to comply with all rules, regulations, orders, permits
and other directives of Grantor issued pursuant to this Agreement; and
(c)
The payment by Grantee of all lawful liens, taxes, damages, claims, costs or
expenses which Grantor has been compelled to pay or has incurred by reason of
any act or default of Grantee under this Agreement and all other payments due
Grantor from Grantee pursuant to this Agreement.
Provision shall be made to permit Grantor to make draws against the Letter of Credit.
Grantee shall not use the Letter of Credit for other purposes and shall not assign, pledge or
otherwise use such Letter of Credit as security for any purpose.
If Grantee fails to repay to Grantor any damages, costs or expenses which Grantor shall
be compelled to pay by reason of any act or default of Grantee in connection with this Agreement,
or fails, after ten (10) days' notice of such failure by Grantor, to comply with any provision of the
Agreement which Grantor reasonably determines can be remedied by an expenditure of the
security, Grantor may then seek to withdraw such funds from the Letter of Credit.
Whenever Grantor finds that Grantee has violated one (1) or more terms, conditions or
provisions of this Agreement for which relief is available against the Letter
of Credit, a written notice shall be given to Grantee. The written notice
shall describe in reasonable detail the violation so as to afford Grantee an
opportunity to remedy the violation. Grantee shall have ten (10) days
subsequent to receipt of the notice in which to correct the violation before
Grantor may resort to the Letter of Credit.
3.20.3:
The principal amounts of the bond and Letter of Credit provided for hereinabove may be
reduced to Twenty-Five Thousand Dollars ($25,000) and Ten Thousand Dollars
($10,000), respectively, at such time as (1) Grantee has completed construction of the
network backbone to be detailed as required by Section 1.1 as part of the permit
application process pursuant to Section 4.4 of this Agreement; and (2) the City has
approved such construction, which approval shall not be unreasonably delayed. All other
terms and conditions governing such bond and Letter of Credit shall remain in full force
and effect. Grantee shall notify the City of its intention of reducing the principal amounts
of such bond and Letter of Credit no less than twenty (20) days prior to the effective date
of such reduction.
Se~/tion 3.21: Coordination of Construction Activities: Grantee shall cooperate with the City
in coordinating its construction activities as follows:
3.21.1: Grantee shall provide the City with a schedule of its proposed construction activities
prior to commencing any expansion of its backbone system;
3.21.2: Grantee shall meet with the City and other users of the public ways annually or as
determined by the City to schedule and coordinate construction in the public ways; and
3.21.3: All construction locations, activities and schedules shall be coordinated, as ordered by the
City Engineer, to minimize public inconvenience, disruption or damages.
Section 3.22: Nonenforcement by City: Grantee shall not be excused from complying with any
of the terms and conditions of this Agreement by any failure of the City, upon any one or more
occasions, to insist upon Grantee's performance or to seek Grantee's compliance with any one or
more of such terms or conditions of this Agreement.
Section4.1: Construction Codes: Telecommunications facilities shall be constructed,
installed, operated and maintained in accordance with all applicable federal, state and local codes,
rules and regulations including, but not limited to, the National Electrical Safety Code.
Section 4.2: Engineer's Certification: All permit applications shall be accompanied by the
certification of a registered professional engineer that the drawings, plans and specifications
submitted with the application comply with applicable technical codes, rules and regulations.
Section 4.3: Traffic Control Plan: All permit applications which involve work on, in, under,
across or along any public ways shall be'accompanied by a traffic control plan demonstrating the
protective measures and devices that will be employed, consistent with applicable local, state and
federal laws, ordinances and regulations, to prevent injury or damage to persons or property and
to minimize disruptions to efficient pedestrian and vehicular traffic.
Section 4.4: Issuance of Permit: Within forty-five (45) days after submission of all plans and
documents required of the applicant and payment of the fees required by this Agreement, and
compliance with the provisions of the Virginia Code, the City, if satisfied that the applications,
plans and documents comply with all requirements of this Agreement, shall issue a permit
authorizing construction of the facilities, subject to such further conditions, restrictions or
regulations affecting the time, place and manner of performing the work as may be deemed
necessary or appropriate.
Section 4.5: Construction Schedule: Grantee shall submit a written construction schedule to
the City Engineer ten (10) working days before commencing any work in or about the public
ways. Grantee shall further notify the City Engineer not less than five (5) working days in
advance of any excavation or work in the public ways and shall comply with the provisions of the
Virginia Underground Utility Damage Prevention Act, Virginia Code Section 56-265.14, et. seq.
Section 4.6: Compliance with Permit: All construction practices and activities shall be in
accordance with the permit and approved final plans and specifications for the facilities. The City
and its representatives shall be provided access to the work and such further information as it may
require to ensure compliance with such requirements.
Section 4.7: Display of Permit: Grantee shall maintain a copy of the construction permit and
approved plans at the construction site, which shall be displayed and made available for inspection
by the City at all times when construction work is occurring.
Section 4.8: Survey of Underground Facilities: Grantee shall supply and specify the location
of all facilities by depth, line, grade, proximity to other facilities or other standard. Grantee shall
cause the location of such facilities to be verified, to the extent required, by a registered state
surveyor. Grantee shall relocate, at its expense, any facilities which are not located in compliance
with permit requirements.
Section 4.9: Noncomplying Work: Upon order of the City, all work which does not comply
with the permit, the approved plans and specifications for the work, or the requirements of this
Agreement, shall be removed at the sole expense of Grantee.
Section 4.10: Completion of Construction: Grantee shall promptly complete all construction
activities so as to minimize disruption of the City ways and other public and private property. All
construction work authorized by a permit within City ways, including restoration, must be
completed within thirty (30) days of the date of issuance of the permit.
Section 4.11: As-Built Drawings: Within sixty (60) days alter completion of construction,
Grantee shall furnish the City with two (2) complete sets as built of plans, drawn to scale and
certified as accurately depicting the actual location of all telecommunications facilities constructed
pursuant to the permit and shall include a digitized map(s) in both printed and electronic form
readable by the current version of Auto CAD and tied to the Virginia State Plane Coordinate
System and tied to the City's Survey Control monuments and geographic information.
Section 4.12: Landscape Restoration:
4.12.1 :All trees, landscaping and grounds removed, damaged or disturbed as a result of the
constructio
4.12.2:A11 restoration work within the public ways or other areas shall be done in accordance with
landscape plans approved by the City Engineer.
Section 4.13: Notices: Ail notices hereunder must be in writing and shall be deemed validly
given if sent by certified mail, return receipt requested, or by a nationally recognized overnight
courier, addressed as follows or if sent by facsimile to the facsimile number set forth below, with a
hard copy contemporaneously mailed as previously specified:
IftoGrantor to:
City Manager
Municipal Center, Building One
2401 Courthouse Drive
Virginia Beach, Virginia 23456
Fax No. (757) 427-4135
With a copy to:
City Attorney
Municipal Center, Building One
2401 Courthouse Drive
Virginia Beach, Virginia 23456
Fax No. (757) 426-5687
If to Grantee, to:
KMC Telecom of Va., Inc.
1545 Route 206, Suite 300
Bedminster, New Jersey 07921
Attn: Michael Sternberg, President and CEO
Fax No. (908) 719-8775
With a copy to:
KMC Telecom of Va., Inc.
3075 Breckinridge Blvd., Suite 415
Duluth, Georgia 30096
Attn: Ms. Tricia Breckenridge, Executive Vice President
Fax No. (770) 638-6796
Grantor or Grantee may from time to time designate any other address for this purpose by
written notice to the other party.
Section 4.14: Responsibility of Owner: The owner of the facilities to be constructed and, if
different, Grantee is responsible for performance of and compliance with all provisions of this
Agreement.
Section 4.15: Controlling Law: This Agreement shall be construed and enforced in
accordance with the law of the Commonwealth of Virginia and any applicable federal laws.
Section 4.16: Captions: The paragraph Captions and Headings in this Agreement are for
convenience and reference purposes only and shall not affect in any way the meaning or
interpretation of this Agreement.
Section 4.17: Nondiscrimination. During the performance of this Agreement, Grantee agrees
that it will not discriminate against any employee or applicant for employment because of race,
religion, color, sex, handicap or national origin. Grantee agrees to post in conspicuous places,
available to employees and applicants for employment, notices setting forth the provisions of this
nondiscrimination clause. Grantee, in all solicitations or advertisements for employees placed by
or on behalf of Grantee, will state that Grantee is an equal opportunity employer. Notices,
advertisements and solicitations placed in accordance with federal law, rule or regulation shall be
deemed sufficient for the purpose of meeting the requirements herein. Grantee agrees to comply
with the good faith minority business efforts required by the Virginia Beach City Code.
Section 4.18: Commencement of Work. Grantee shall not commence work within the City
until detailed plans have been provided to and approved by the City Engineer and all required
bonds, letters of credit, certificates of insurance and other instruments required by this Agreement
have been filed with, and accepted and approved by, the City, which acceptance and approval
shall not be unreasonably delayed or withheld.
Section 4.19: Forum Selection. By virtue of entering into this Agreement, Grantee agrees and
submits itself to a court of competent jurisdiction in the City of Virginia Beach, Virginia or in the
United States District Court for the Eastern District of Virginia, Norfolk Division, and further
agrees that this Agreement is controlled by the laws of the Commonwealth of Virginia or any
applicable federal laws and that all claims, disputes and other matters shall be decided only by
such court according to the laws of the Commonwealth of Virginia or any applicable federal laws
or by any regulatory body with jurisdiction, including the Federal Communications Commission.
Section 4.20: Effective Date. This Agreement shall be in full force and effect from and a~er ten
(10.) days from the date of its approval by Grantor's governing body; provided, however, that
notwithstanding such approval, this Agreement shall not become effective until all required bonds,
letters of credit, certificates of insurance and other instruments required by this Agreement have
been filed with, and accepted and approved by Grantor, which acceptance and approval shall not
be unreasonably delayed or withheld.
Section 4.21: Removal of Grantee's Facilities. If the City adopts a telecommunications
regulatory ordinance and franchise:and if Grantee is awarded a franchise or otherwise granted
authority pursuant thereto, then on the effective date of any such award, the terms and conditions
of that telecommunications regulatory ordinance and franchise shall supersede all the terms and
conditions of this Agreement and this Agreement shall be automatically and immediately
terminated. However, if Grantee is not awarded a franchise or otherwise granted rights by any
future telecommunications ordinance or franchise adopted by the City, or if the term of this
Agreement expires without renewal or the rights granted to Grantee by this Agreement are
revoked by the City, Grantee shall immediately cease operations within the City and shall not be
permitted to operate, maintain or repair its existing encroachments or facilities and shall promptly
remove any and all Grantee's facilities and equipment within the City, all at the sole cost of
Grantee.
KMC, by the undersigned authorized agent, does hereby agree to abide by the terms,
conditions, and obligations of the Agreement.
Witness the following signatures:
CITY OF VIRGINIA BEACH:
By
City Manager
KMC
ATTEST: ATTEST:
City Clerk
STATE OF VIRGINIA:
CITY OF VIRGINIA BEACH:, to-wit:
I, , a Notary Public in and for the City and State aforesaid, do
her.eby certify that James K. Spore, City Manager of the City of Virginia Beach, Virginia, whose
name as such is signed to the foregoing Temporary Nonexclusive Revocable License Agreement,
has acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this __ day of ,1998.
Notary Public
My Commission Expires:
My Commission Expires:
STATE OF ~')e_~.,3 ~-L~~
CITY OF ~ C, Pmo2'O~
, to-wit:
I, -'~..O_q-¥hQ_.4~d2 ~eR~z~40¢, a Notary Public in and for the City and State aforesaid, do
hereby certify that ~{'~'t ¢,~o,.~\ ~~~0D(~.~ , ~ of KMC
Telecom of Virginia, Inc., whose name as such is signed to the foregoing Temporary
Nonexclusive Revocable License Agreement, has acknowledged the same before me in my City
and State aforesaid.
GIVEN under my hand this . .
[ q'~' ~lay,~ ~ ~,199~--.~
No~/y Public -
My Commission Expires: __
Item VI-I. 8.
- 31 -
ORDINANCES
ITEM # 44188
Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council ADOPTED:
Ordinances to authorize acquisition of property in fee simple by
agreement or condemnation for a public parking garage (DISTRICT 6-
BEACH):
a. APPROPRIATE $2,000,000 to 31st Street Partnership Project
(Capital Project #9-02 7).
b. Authorize the City Manager to make a reasonable offer to
SHEPHERD W. DREVe'R Y, JR, CHRISTOPOULOS FAMILY
L.C., MYRTLE G. WHITEHURST and B. IV. MACON, for
their interest in said land.
Voting: 9-0 (By Consent)
Council Members Voting Aye:
Margaret L. Eure, William tV. Harrison, Jr., HaroM Heischober,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Nancy K.
Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Abstaining:
Linwood O. Branch, III
Council Members Absent:
Mayor Meyera E. Oberndorf
Councilman Branch ABSTAINED as a family member has an interest in one of the parcels.
October 13, 1998
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AN ORDINANCE TO ESTABLISH AND
APPROPRIATE $2,000,000 TO CAPITAL
PROJECT #9-027 31sT STREET PARTNERSHIP
PROJECT FOR ACQUISITION OF PROPERTIES
FOR A PUBLIC PARKING GARAGE
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WHEREAS, the City and the Virginia Beach Development
Authority have entered into a public/private partnership agreement with
Thirty-First Street, L.C., for redevelopment of the 31Bt Street Corridor
as a gateway to the oceanfront;
WHEREAS, in order to proceed with the redevelopment of the
area, it is necessary for the city to acquire surrounding properties
with a total estimated cost of $2,000,000 for use as a public parking
garage; and
WHEREAS, to purchase the properties, it is necessary to
establish and appropriate $2,000,000 to capital project # 9-027 31st
Street Partnership Project with financing to be provided through lease-
revenue bonds.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That project # 9-027 31B~ Street Partnership Project is
hereby established as a capital project for the acquisition of
properties to be used as a public parking garage;
2. That funds in the amount of $2,000,000 are appropriated
to Project # 9-027 31~t Street Partnership Project with the
appropriations to be offset by financing through lease-revenue bonds to
be authorized and issued at a future date.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 13th day of October , 1998.
CA-7172
ORD IN~ NONCODE ~ 31 S T. ORD
R-1
PREPARED: 10/8/98
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
City Attorney
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AN ORDINANCE TO AUTHORIZE ACQUISITION
OF PROPERTY IN FEE SIMPLE FOR A PUBLIC
PARKING GARAGE FROM SHEPHERD W.
DREWRY, JR. (PIN NUMBER 2428-02-4070-0000),
CHRISTOPOULOS FAMILY L.C. (PIN NUMBER
2428-02-5067-0000) AND MYRTLE G.
WHITEHURST AND B. W. MACON (PIN
NUMBER 2428-02-4058-0000), THE
ACQUISITION OF THE PROPERTY TO BE
EITHER BY AGREEMENT OR BY
CONDEMNATION
WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia,
a public necessity exists for the construction of this important site to provide public parking and
for other public purposes 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 by
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, described as:
Lots 6, 7, 8, 9 and 10 in Block 72 as shown on the plat of property of
the Virginia Beach Development Company recorded in Map Book 3,
at pages 176 - 177 in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia and being further described as the
properties titled in the names of Shepherd W. Drewry, Jr., (Pin
Number 2428-02-4070-0000), Christopoulos Family L.C. (Pin
Number 2428-02-5067-0000) and Myrtle G. Whitehurst and B. W.
Macon (Pin Number 2428-02-4058-0000).
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 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 13thday of
October
,1998.
G:\DATA\FORMS\COND\WORKING\CA7174.ORD
])Bc£PROVED AS TO CONTENT
bEPARTME~
APPROVED AS TO LEGAL
SUFFICIENCY A/t~ FORM
- 32 -
Item VI-I. 9.
ORDINANCES
ITEM # 44189
Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council ADOPTED:
Resolution to recommend to the COMMISSION ON THE CONDITION
AND FUTURE OF VIRGINIA CITIES: make-up shortfall in
commitments to fund local services, including, but not limited to, HB 599,
public health, mental health and juvenile detention funding; continue and
expand the school construction/renovation program begun in FY 1998-
99, providing a base funding level of $250-Million per year, statewide;
avoid imposing new school-related costs on localities for additional
school teachers or other mandates until the Standards of Quality are
fully funded, and construction needs are fully addressed; and, phase- in,
over a period not to exceed three years, full funding of the Standards of
Quality
Voting:
10-0 (By Consen0
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, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and
.4.3/1. "Don" Weeks
Council Members Voting Nay:
None
Council Members .4bsent:
Mayor Meyera E. Oberndorf
October 13, 1998
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A RESOLUTION RECOMMENDING TO THE
COMMISSION ON THE CONDITION AND
FUTURE OF VIRGINIA CITIES THAT
CERTAIN ACTIONS BE TAKEN BY THE
COMMONWEALTH OF VIRGINIA TO ASSIST
IN ENHANCING THE CAPACITY OF LOCAL
GOVERNMENTS TO PROVIDE ESSENTIAL
SERVICES
WHEREAS, pursuant to House Joint Resolution No. 432, the
General Assembly created the Commission on the Condition and Future
of Virginia Cities;
WHEREAS, the Commission will hold a summit in
Charlottesville, Virginia on October 13, 1998;
WHEREAS, in a study conducted by the General Assembly's
Joint Legislative Audit Review Commission ("JLARC"), the City of
Virginia Beach is considered to be in the category of ~above-
average fiscal stress";
WHEREAS, the City of Virginia Beach has frequently taken
the initiative to address outstanding needs in such areas as roads
and schools, without adequate funding from the Commonwealth of
Virginia;
WHEREAS, the Commonwealth has made funding commitments to
localities in the past which have not been fully honored;
WHEREAS, the tax structure imposed on Virginia cities is
inappropriate for a national economy based on services and
information;
WHEREAS, abundant and persuasive evidence has been
presented to the Commission regarding the revenue and service
imbalances which burden localities throughout the Commonwealth; and
WHEREAS, City Council desires that its needs and concerns
be brought to the attention of the Commission.
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NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That City Council hereby recommends to the Commission on
the Condition and Future of Virginia Cities that the following
actions be taken by the Commonwealth of Virginia to assist in
enhancing the capacity of local governments to provide essential
services:
1. Immediately act to make up the shortfall in
commitments to fund local services, including, but not limited to,
HB 599, public health, mental health, and juvenile detention
funding;
2. Continue and expand the school
construction/renovation program begun in FY 98/99, providing a base
funding level of $250 million per year, statewide;
3. Avoid imposing new school-related costs on
localities for additional school teachers or other mandates until
the Standards of Quality are fully funded, and construction needs
are fully addressed; and
4. Phase in, over a period not to exceed three years,
full funding of the Standards of Quality.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 13th day of October , 1998.
CA-7170
ORDIN\NONCODE\21stCent.RES
R-1
OCTOBER 6, 1998
2
- 33 -
Item VI-Id 0.
ORDINANCES
ITEM # 44190
Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council AUTHORIZED:
A cash payment in Heu of park dedication from Presidential Estates
subdivision, as consistent with the February 14, 1995, City Council
approved Policy for Cash Payments in Lieu of Open Space Dedications
of less than one acre.
Voting:
10-0 (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, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and
A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
October 13, 1998
- 34 -
Item VI-I.11.
ORDINANCES
ITEM it 44191
Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council APPROVED:
License Refunds - $2,421.63.
Voting:
10-0 (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, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and
A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
October 13, 1998
FORM NO. C A ~1 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
CHAMBERS, THOMAS COLEY JR
CREATIVE HAIRDRESSERS INC
CURRITUCK ENTERPRISES INC
DELANEY, CAMILLE
EDMONDS UNCLAIMED REFUND INV
FISHER GAP STORES INC THE
GIOVANI-GIOVANI PASQUALE
GMAC COMMERICIAL MORTGAGE CO
GRANVILLE, JAMES W
HAMPTON ROADS WIRELESS INC
SAMS BODY SHOP INC
VELO, ANTHONY G JR
1996-1998 AUDIT 10.00 0.00 10.00
1996-1998 AUDIT 174.66 14.58 189.24
1995-1998 AUDIT 237.97 11.34 249.31
1996-1998 AUDIT 2.42 (0.42) 2.00
1998 09/22/98 10.00 0.00 10.00
1996-1998 AUDIT 776.56 57.78 834.34
1995-1998 AUDIT 30.00 0.00 30.00
1996-1998 AUDIT 778.87 (0.02) 778.85
1995-1998 AUDIT 62.05 0.00 62.05
1997-1998 AUDIT 1.74 0.23 1.97
1996-1998 AUDIT 49.04 2.04 51.08
1996-1998 AUDIT 164.44 38.35 202.79
This ordinance shall be effective from date of
adoption.
The above abatement(s) to $2,421.63
City of Virginia Beach on the 13th
Certified. as to payment: ,, '
Philil~'3. K~allam
Commissioner of the Revenue
Approved as to form:
Eeslie' [. Lill~'y~ '
City 'Attorney ~
were approved by the Council of the
day of October ,19 98
Ruth Hodges Smith
City Clerk
- 35-
Item VI-J.
PUBLIC HEARING
ITEM # 44192
PLANNING
Vice Mayor William D. Sessoms, Jr., DECLARED a PUBLIC HEARING on:
PLANNING
1. EXXON
CONDITIONAL USE PERMIT
2. SPRINT PCS/C.E. FOREHAND, III
CONDITIONAL USE
PERMITS
3. BETHEL FOURSQUARE CHURCH
CONDITIONAL USE PERMIT
4. SALEM LAKES ASSOCIATES
MODIFICATION OF
CONDITIONS (Sunstream
Park, Inc. (9/6/79)
5. CITY OF VIRGINIA BEACH
AMEND CZO/ ESTABLISH
SHORE DRIVE CORRIDOR
ESTABLISH TRANSITION
RULES FOR DEVELOPMENT/
SHORE DRIVE OVERLAY
October 13, 1998
- 36-
Item VI-J.
PUBLIC HEARING
ITEM # 44193
PLANNING
Upon motion by Council Lady Parker, seconded by Councilman Branch, City Council APPROVED in one
motion Items 2, 3, and 4 of the PLANNING B Y CONSENT.
Item 1.4. DEFER UNTIL THE CITY COUNCIL SESSION OF OCTOBER 27, 1998, BY CONSENT
Voting:
10-0 (By ConsenO
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, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A.
3,I. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
October 13, 1998
-37-
Item VI-A1.
PUBLIC HEARING
ITEM # 44194
PLANNING
Steve Romine, 4705 Columbus Street, Phone: 552-6031, represented the applicant
Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council ADOPTED
Ordinance upon application of EXXON CORP:
ORDINANCE UPON APPLICATION OF EXXON CORPORATION FOR
A CONDITIONAL USE PERMIT FOR A GASOLINE STATION
R01098 2225
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Exxon Corporation for a Conditional Use
Permit for a gasoline station in con[unction with a convenience store at the
southwest corner of Virginia Beach Boulevard and Rosemont Road. Said
parcel is located at 3673 Virginia Beach Boulevard and contains 36,154.8
square feet. DISTRICT 5 - L YNNHA VEN.
The following conditions shall be required:
1. This site shall be developed as presented on the submitted site
plan and landscape plan, both of which are dated 5/29/98.
The white facade of the building with the blue tower shall be
changed to red brick with split-faced block. The flat roof on the
building will be replaced with a more colonial hip-roof design.
The yellow roof accent on the tower and the stripe across the
front of the station will NOT be provided. The MPD's (Multi
Purpose Dispensers) shown as "blue" will (more than likely) be
in "red" as there is a national effort to change same. Canopy
columns will be wrapped with brick and split-faced block. The
color may be "red" instead of "blue ". The neon will be removed
from the sign.
3. The existing row of trees and hedge on the southern property line
shall be preserved and maintained.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of October, Nineteen
Hundred and Ninety-Eight.
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A.
M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
October 13, 1998
- 38-
Item VI-J.2. a
PUBLIC HEARING
ITEM # 44195
Upon motion by Council Lady Parker, seconded, by Councilman Branch, City Council ADOPTED
Ordinance upon application of SPRINT, PCS for Conditional Use Permit:
ORDINANCE UPON APPLICATION OF SPRINT PCS FOR A
CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATION
FACILITY RO10982226
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Sprint PCS for a Conditional Use Permit
for a wireless communications facility on the south side of North Landing
Road, east of West Neck Parkway. Said parcel is located at 2925 North
Landing Road and contains 40 acres. DISTRICT 7 - PRINCESS ANNE.
The following conditions shall be required:
The proposed tower and support building must be developed in
substantial accordance with the site plan entitled "Preliminary
Site Plan for Vo-Tech "prepared for Sprint PCS, by Lewis White
and Associates, dated August 1 O, 1998, and revised August 24,
1998. A copy of the plan was presented to the City Council and
is on file in the Planning Department. The access road depicted
on the plan must be improved with interlocking pavers rather
than the gravel access shown on the plan.
The proposed tower shall not exceed 135feet in overall height
and must be developed in substantial accordance with the
drawings shown on the plan identified above in Condition #1.
o
Prior to construction, the applicant must provide city staff with
a letter from a licensedstructural engineerstating that the tower,
with the flush mounted antenna arrays for at least two wireless
providers and the equipment to be used by VBTV and WHRO,
meets or exceeds all structural standards established by the
Electronics Industry Association and the local building code.
The applicant must also provide a letter from a licensed radio
frequency engineer noting that the cumulative on-ionizing
electromagnetic radiation emitted from the tower does not exceed
the applicable standards established by the federal government
or the American National Standards Institute
This Ordinance shall be effective in accordance with Section 107 (]) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of October, Nineteen
Hundred. and Ninety-Eight.
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A.
M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
October 13, 1998
- 39-
Item VI-J.2, b
PUBLIC HEARING
ITEM # 44196
PLANNING
Upon motion by Council Lady Parker, seconded by Councilman Branch, City Council ADOPTED
Ordinance upon application of SPRINT, PCS for Conditional Use Permit:
ORDINANCE UPON APPLICATION OF SPRINT PCS FOR A
CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATION
FACILI1T R01098222 7
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Sprint PCS for a Conditional Use Permit
for a wireless communications facility on certain property located at the
northwest intersection of Shorehaven Drive and North Great Neck Road.
Said parcel is located at 2425 Shorehaven Drive and contains 49.5 acres.
DISTRICT 5 - L YNNHA VEN.
The following conditions shall be required:
The proposed tower and support building must be developed in
substantial accordance with the site plan entitled "Preliminary
Site Plan for Cox High School" prepared for Sprint PCS, by
Lewis 197rite and Associates, dated Apri120, 1998. A copy of the
plan was presented to City Council and is on file in the Planning
Department. The support building must be designed to
accommodate equipment for two wireless providers, have a
gabled roof and brick veneer exterior finish which matches the
adjoining school building.
The proposed tower/light-pole shall not exceed 125 feet in
overall height and must be a spun concrete pole which meets or
exceeds structural criteria outlined in the City Zoning
Ordinance. Antennas on the tower must be flush mounted at or
near the elevation shown on the submitted plan.
Prior to construction, the applicant must provide city staff with
a letter from a licensedstructural engineerstating that the tower,
with the planned flush mounted antenna arrays, as well as the
lighting at fixtures required for track and field events at Frank
V~. Cox High School, meets or exceeds all structural standards
established by the Electronics Industry Association and the local
building code. The applicant must also provide a letter from a
licensed radio frequency engineer noting that the cumulative
non-ionizing electromagnetic radiation emitted from the tower,
including antenna arrays placed on the tower, does not exceed at
ground level or at any point within the bleacher area of the
existing sports facility, the lowest applicable standards
established by the federal government or the American National
Standards Institute.
Category I landscaping must be installed around the perimeter
of the fenced compound, except at the approved entrance.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth o£ October, Nineteen
Hundred and NineS-Eight.
October 13, 1998
- 40-
Item VI-J.2.b
PUBLIC HEARING
ITEM # 44196 (Continued)
PI..4NNING
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba $.
McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and,4.
3/I. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
October 13, 1998
- 41 -
Item VId.2.c.
PUBLIC HEARING
ITEM it 44197
PLANNING
Upon motion by Council Lady Parker, seconded by Councilman Branch, City Council ADOPTED
Ordinance upon application of SPRINT, PCS, C.E. FOREHAND III, for Conditional Use Permit:
ORDINANCE UPON APPLICA TION OF SPR1NT PCS, C.E. FOREHAND
III, FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATIONS
TO WER RO10982228
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Sprint, PCS, C. E. Forehand III, for a
Conditional Use Permit for communications tower on the west side of
Bartholomews Crossing south of Breezy Pines Lane. Saidparcel is located
at 2248 Bartholomews Crossing and contains 20, 000 square feet more or
less. DISTRICT 7- PRINCESS ANNE.
The following conditions shall be required:
The proposed modification to the existing Virginia Power tower
must be developed in substantial accordance with the site plan
entitled "Preliminary Site Plan Strawbridge "prepared for Sprint
PCS, by Lewis White and Associates, dated July 20, 1998. A
copy of the plan was presented to the City Council and is on file
in the Planning Department.
In the event that the tower is inactive for a period of one year, it
must be removed at the applicant's expense.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of October, Nineteen
Hundred and Nine_fy-Eight.
Voting:
10-0 (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, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A.
M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
October 13, 1998
- 42 -
Item VI-& 2.d.
PUBLIC HEARING
PLANNING
ITEM # 44198
Upon motion by Council Lady Parker, seconded by Councilman Branch, City Council ADOPTED
Ordinance upon application of SPRINT, PCS for Conditional Use Permit:
ORDINANCE UPON APPLICATION OF SPRINT PCS FOR A
CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATION
FACILITY RO10982229
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Sprint, PCS for a Conditional Use Permit
for a wireless communications facility on certain property located on the
east side of Kempsville Road beginning at a point 170feet more or less
south of Providence Road. Said parcel contains 34,500 square feet.
DISTRICT 2 - KEMPSVILLE.
The following conditions shall be required:
The proposed antenna placement and support building must be
developed in substantial accordance with the site plan entitled
"Preliminary Site Plan for Kempsville Water Tower"prepared
for Sprint PCS, by Lewis White and Associates, dated April 22,
1998. A copy of the plan was presented to the City Council and
is on file in the Planning Department.
The proposed antenna placement must be developed in
substantial accordance with the photo renderings entitled
"Antennas for Kempsville Water Tower", dated Apri122, 1998.
A copy oftheplan waspresented to the City Council and is on
file in the Planning Department.
The support building for the project must be designed to
accommodate equipment for a minimum of three wireless
providers, have a gabled roof, and a brick veneer exterior finish.
The proposed antenna placement must meet or exceed structural
criteria outlined in the City Zoning Ordinance. Antennas on the
tower must be flush mounted at or near the elevation shown on
the submitted plan. All antennas, as well as cable extensions,
must be painted the same color as the water tank.
Prior to construction, the applicant must provide city staff with
a letter from a licensed structural engineer stating that the
planned antenna arrays meet or exceed all structural standards
established by the Electronics Industry Association. The
applicant must also provide a letter from a licensed radio
frequency engineer noting that the cumulative non-ionizing
electromagnetic radiation emitted from the antenna arrays
placed on the tower will not exceed the applicable standards
established by the federal government or the American National
Standards Institute.
6.
Prior to .final site plan approval, the Department of Public
Utilities must review and approve all relevant technical aspects
of placing antennas on the water tank.
October 13, 1998
- 43 -
Item VI-J.2. d..
PUBLIC HEARING ITEM # 44198 (Continued)
PLANNING
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth o_f October, Nineteen
Hundred and Nine~-Eight.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara 3/1. Henley, Louis R. Jones, Reba S.
McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A.
M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
October 13, 1998
- 44 -
VI-J. 3.
PUBLIC HEARING
ITEM # 44199
PLANNING
Upon motion by Council Lady Parker, seconded by Councilman Branch, City Council ADOPTED an
Ordinance upon application of BETHEL FOURSQUARE CHURCH for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF BETHEL FOURSQUARE
CHURCH FOR A CONDITIONAL USE PERMIT RO10982230
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Bethel Foursquare Church for a
Conditional Use Permit for a church at the southeast corner of Holland
Road and Diana Lee Drive. Said parcel is located at 3458 Holland Road
and contains 3.12 acres. DISTRICT 3 - ROSE HALL.
The following condition shall be required:
1. The unit shall be utilized on Sunday, 9:00 a.m. until l:OOp, m.
and Wednesday, 7:00p. m. until lO:OO p. m.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of October, Nineteen
Hundred and Ninety-Eight.
Voting:
10-0 (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, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A.
M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
October 13, 1998
- 45 -
VI-J. 4.
PUBLIC HEARING
ITEM # 44200
PLANNING
Upon motion by Council Lady Parker, seconded by Councilman Branch, City Council DEFERRED UNTIL
OCTOBER 27, .1998, COUNCIL MEETING, the Applications of SALEM LAKES ASSOCIATES by
Goodman Segar Hogan, Inc., Managing G.P:
MODIFICATION OF CONDITIONS in the August 6, 1979, approved
applications of SUNSTREAM PARK, INC.:
Change of Zoning District Classification from R-8 Residential District, AG-
1 Agricultural District and R-4 Residential District to PD-H Planned
Development-Housing at a point 1400feet more or less North of Elbow
Road; 1300feet more or less Northeast of the intersection of Salem Road
and Elbow Road; and, 2 700feet more or less Northeast of the intersection
of Salem Road and Elbow Road (KEMPSVILLE AND PRINCESS ANNE
BOROUGHS- now DISTRICT 7 - PRINCESS ANNE)
Conditional Change of Zoning District Classification from R-5D
Residential Duplex District to Conditional B-2 Community Business
District on the East side of Salem Road beginning at a point 3 70feet more
or less North of Salem Lakes Boulevard (1948, 1952 & 1955 Salem Road),
containing 2. 4 acres (DISTRICT 7 - PRINCESS ANNE)
Voting:
10-0 (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, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A.
M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
October 13, 1998
- 46-
PUBLIC HEARING
ITEM # 44201
PLANNING
The following spoke in SUPPORT:
Robert M. Stanton, 4141 First Court Road, Phone: 464-1961, represented the Shore Drive Advisory
Committee
The following spoke in OPPOSITION:
Howard W. Harness, 2001 Cave Road, Phone: 481-3697
Janet Dunn, 2143 and 2145 Vista Circle, Phone: 481-5431
Remarks of Elizabeth Hedlund, 5725 Normandy Avenue, Phone: 420-5666, are hereby made apart of the
record.
Upon motion by Councilman Harrison, seconded by Councilman Jones, City Council ADOPTED:
City of Virginia Beach:
Ordinance to AMEND Section 102 of the City Zoning Ordinance (CZO) ;
ADD Sections 1700, 1701, 1702, 1703 and 1704; ESTABLISH the Shore
Drive Corridor Overlay District, setting forth the regulations applying in
such district; and, AMEND the official zoning map by adding Shore Drive
Corridor Overlay District.
Ordinance to establish transition rules for development in the Shore Drive
Overlay District (DISTRICT 5 - L YNNHA VEN
Voting:
10-0 (By Consen0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara 3/1. Henley, Louis R. Jones, Reba S.
McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A.
M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
October 13, 1998
AN ORDINANCE AMENDING THE CITY ZONING
ORDINANCE BY ESTABLISHING THE SHORE DRIVE
CORRIDOR OVERLAY DISTRICT AND SETTING FORTH
THE REGULATIONS APPLYING IN SUCH DISTRICT
SECTIONS AMENDED:
CITY ZONING
SECTION 102
ORDINANCE
SECTIONS ADDED:
CITY ZONING ORDINANCE
SECTIONS 1700, 1701,
1702, 1703 and 1704
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
3O
31
32
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 102 of the City Zoning Ordinance of the City of
Virginia Beach be, and hereby is, amended and reordained, and a new
Article 17, consisting of Sections 1700, 1701, 1702 and 1703 added,
which shall read as follows:
Sec. 102. Establishment of districts and official zoning maps.
(a) In order to carry out the purposes and provisions of this
ordinance, the following districts are hereby established and are
hereby listed in order from most restrictive to least restrictive:
(1) Preservation District. The Preservation District shall
consist of:
P-1 Preservation District
(2) Agricultural Districts. The Agricultural Districts shall
(3)
consist of:
AG-1 Agricultural District
AG-2 Agricultural District
Residential Districts.
consist of:
R-40 Residential District
R-30 Residential District
R-20 Residential District
Residential Districts shall
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
(4
(5
8)
R-15 Residential District
R-10 Residential District
R-7.5 Residential District
R-5D Residential District
R-5R Residential District
R-5S Residential District
R-2.5 Residential Townhouse District
Apartment Districts. Apartment Districts shall consist
of:
A-12 Apartment District
A-18 Apartment District
A-24 Apartment District
A-36 Apartment District
Hotel District. The Hotel District shall consist of:
H-1 Hotel District
Office Districts. The Office Districts shall consist of:
0-1 Office District
0-2 Office District
Business Districts. Business Districts shall consist of:
B-1 Neighborhood Business District
B-IA Limited Community Business District
B-2 Community Business District
B-3 Central Business District
B-3A Pembroke Central Business Core District
B-4 Resort Commercial District
Industrial Districts. Industrial Districts shall consist
of:
I-1 Light Industrial District
I-2 Heavy Industrial District
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
(9) [Reserved]
(10) Planned Development Districts. The Planned Development
Districts shall consist of:
PD-H1 Planned Unit Development District
PD-H2 Planned Unit Development District
{11) Historic and Cultural District. The Historic and Cultural
District shall consist of:
Historic and Cultural District
(12) Resort Tourist Districts. The Resort Tourist Districts
shall consist of:
RT-4 Resort Tourist District
RT-3 Resort Tourist District
RT-2 Resort Tourist District
RT-1 Resort Tourist District
(al) In addition to the districts enumerated in subsection
77
78
79
8O
81
82
83
84
85
86
87
88
89
(a), there is hereby established the Shore Drive Corridor Overlay
District. Such district shall be designated on the official zoning
map by the notation "(SD)" following the designation of the
underlying zoning district. As an illustration, property in the
Shore Drive Corridor Overlay District and in the B-4 Resort
Commercial District shall be designated on the official zoning map
as having the classification "B-4(SD)."
(b) Official zoning map. The City of Virginia Beach is
divided into zones or districts, as shown on the official zoning
map, which, together with all explanatory matter thereon, shall be
a part of this ordinance. Said map is composed of a series of
sheets in the official zoning atlas, properly identified as such,
which shall be on file in the office of the planning director, and
3
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
shall be the official record of zoning status of areas within the
city.
(1) Recording amendments to the official zoning map. On the
effective date of any map amendment or upon the
satisfactory compliance with the conditions imposed, the
change shall be posted on the zoning map by the planning
director and records accompanying the map shall identify
the official action by which such amendment was made, the
date of such action, the area involved and the date of
posting.
(2) Unauthorized changes in zoning map prohibited. No changes
of any nature shall be made in the official zoning map or
any matter shown thereon except in conformity with the
procedures and requirements of this ordinance. It shall
be unlawful for any person to make any unauthorized
change in the official zoning map. Any violation of this
section shall be punishable as provided in section 104
and as otherwise provided by law.
(3) Replacement of official zoning map. In the event that the
official zoning map or any portion thereof becomes
damaged, destroyed, lost or difficult to interpret
because of the nature or number of changes and additions,
the city council may by resolution adopt a new official
zoning map or portion thereof which shall supersede the
prior map or portion. The new official zoning map may
correct drafting or other errors or omissions in the
prior map, but no map adopted by resolution shall have
the effect of amending the official zoning map, which
shall be amended only as provided herein, and in accord
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(4)
(iii)
with general law. The replacement shall be properly
identified as such, with date of the resolution of city
council. Unless the prior official zoning map or portion
thereof has been lost or totally destroyed, any
significant parts thereof remaining shall be preserved,
together with all available records pertaining to its
adoption or amendment.
Interpretation of distric~ boundaries. In constructing
the official zoning map, the following rules shall apply:
(i) Centerlines as boundaries. Where district
boundaries appear to follow centerlines of streets,
alleys, easements, railroads and the like, they
shall be construed as following such centerlines.
(ii) Property lines and the like as boundaries. Where
district boundaries appear to follow street, lot,
property or similar lines, they shall be construed
as following such lines.
Boundaries in or adjacent to bodies of water. Where
district boundaries appear to follow shorelines or
centerlines of bodies of water, they shall be
construed as following such shorelines or
centerlines. In case of change in shorelines or of
the course or extent of water, the boundaries shall
be construed as moving with the change. Boundaries
indicated as entering any body of water, but not
continuing to intersect with other zoning
boundaries or with the limits of jurisdiction of
the city shall be construed as extending in the
direction in which they enter the body of water to
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(s)
(6)
(7)
intersect with other zoning boundaries or with the
limits of jurisdiction.
(iv) Boundaries indicated as parallel to or extensions
of features listed. Where district boundaries are
indicated as parallel to or extensions of features
listed above, they shall be so construed.
(v) Dimensions. Where dimensions are not otherwise
indicated on the official zoning map, the scale of
the map shall govern.
(vi) Variation of actual location from mapped location.
Where physical or cultural features existing on the
ground are at variance with those shown on the
official zoning map,
govern.
Limitations of application of rules
Notwithstanding the provisions of subsection
the actual location shall
above.
(4) (i)
through (vi) above, no interpretation shall be made which
changes the zoning status of a lot or parcel.
Action in cases of uncertainty. Where the rules above
fail to clarify the status of land in a particular case,
the planning director, as agent of the planning
commission, shall interpret in such a manner as to carry
out the intent and purpose of this ordinance. Appeal
from the interpretation of the planning director in such
cases shall be to the board of zoning appeals, as
provided in the Code of Virginia, Title 15.2, Chapter 22,
Section 15.2-2309(1).
Unclassified areas. Unless areas are classified on the
official zoning map, or classification can be established
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by the rules above, such areas shall be considered to be
classified as agricultural (AG-i) until rezoned by city
council.
(c) Uses allowed. No use shall be allowed in any zoning
district except those which may be allowed as principal uses,
conditional uses, and accessory uses; provided, however, that no
uses shall be allowed in resource protection areas except as may be
permitted by applicable provisions of the Chesapeake Bay
Preservation Area Ordinance [Appendix F].
186 ARTICLE 17. THE SHORE DRIVE CORRIDOR OVERLAY DISTRICT.
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Sec. 1700. Leqislative intent.
The Shore Drive Corridor is not only one of the primary routes
of access to the City's oceanfront resort area, but is also the
location of First Landing/Seashore State Park, the site of the
historic first landing of the Jamestown colonists in 1607, Fort
Story, beaches on the Chesapeake Bay, and many stable and
attractive residential communities. As such, its appearance is
vital to the City. The purpose of the Shore Drive Corridor
District is to enhance the appearance of the area encompassed by
the District and to preserve its vitality as an important gateway
to the City.
Sec. 1701. District boundaries.
The Shore Drive Overlay District boundaries shall be as
designated on the official zoning map of the City.
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Sec. 1702. Application of regulations.
The designation of any property as lying within the Shore
Drive Overlay District shall be in addition to, and not in lieu of,
the underlying zoninq district classification of such property,
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such that any property situated in the Shore Drive Overlay District
shall also lie within one or more of the zoning districts
enumerated in Section 102 (a) of this ordinance. Ail such property
shall be subject to the requirements of this article as well as to
all other regulations applicable to it, and to the extent that any
provision of this article conflicts with any other ordinance or
regulation, the more restrictive provision shall control.
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Sec. 1703. Use regulations.
(a) Principal uses. Subject to general requirements and to
the regulations of the underlying zoning district, all uses and
structures permitted as principal uses in the underlying zoning
district in which they are located shall be permitted as principal
uses within the Shore Drive Corridor Overlay District, except the
followinq:
(1) Hotels and motels in the B-4(SD) Resort Commercial
District;
(2) Multiple-family dwellings in the B-4(SD) Resort
Commercial District;
(3) Attached dwellings in the B-4(SD) Resort Commercial
District;
(4) Boat sales in the B-4(SD) Resort Commercial or B-2(SD)
Community Business Districts; and
(5) Commercial parking lots, parking garages and storaqe
garages located in the B-4(SD) Resort Commercial or B-
2(SD) Community Business Districts.
(b) Accessory uses. Subject to general requirements and to
the regulations of the underlying zoning district, all uses and
structures permitted as accessory uses in the underlying zoning
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district in which they are located shall be permitted as accessory
uses within the Shore Drive Corridor Overlay District.
(c) Conditional uses. Subject to general requirements and to
the regulations of the underlying zoning district, all uses and
structures permitted as conditional uses in the underlying zoning
district in which they are located shall be permitted as
conditional uses within the Shore Drive Corridor Overlay District,
as well as the following uses and structures:
(1) Hotels and motels in the B-4(SD)
District;
(2) Multiple-family
Resort Commercial
dwellinqs in the B-4 (SD) Resort
Commercial District;
(3) Attached dwellings in the B-4(SD) Resort Commercial
District;
(4) Boat sales in the B-4(SD) Resort Commercial or B-2(SD)
Community Business Districts; and
(5) Commercial parking lots, parking garages and storage
garages located in the B-4(SD) Resort Commercial or B-
2(SD) Community Business Districts.
(d) Additions to single-family dwellings, duplexes, attached
dwellings and multiple-family dwellings not increasing the number
of dwelling units in any such use shall be permitted as a matter of
right, provided that all other requirements of this ordinance are
met. Where setbacks or other dimensional requirements pertaining
to such additions are not specified in the regulations of the
underlying zoninq district, such requirements shall be as specified
in the A-18 Apartment District.
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Sec. 1704. Dimensional and other requirements; density; landscape
screening and buffering.
Subject to the provisions of Section 1703 of this ordinance,
dimensional and other requirements for uses and structures located
within the Shore Drive Corridor Overlay District shall be as
specified in the underlying zoning district; provided, however,
that:
(a)
the density of multiple-family dwellinqs shall not exceed
eighteen (18) units per acre or the maximum density
permitted by the regulations of the underlying zoning
district, whichever is the lesser, on zoninq lots having
a lot area of 30,000 square feet or less;
(2) twenty-four (24) units per acre or the maximum density
permitted by the regulations of the underlying zoning
district, whichever is the lesser, on zoning lots having
a lot area greater than 30,000 square feet and less than
four (4) acres; or
(3) thirty-six (36) units per acre or the maximum
density permitted by the regulations of the
underlying zoning district, whichever is th~
lesser, on zoning lots havinq a lot area four (4)
acres or more;
(b) where a zoninq lot within the B-2(SD) or B-4(SD) district
adjoins any district in which single-family dwellings, duplexes,
attached dwellings or multiple-family dwellings are permitted as a
conditional or principal use, without an interveninq street, alley
or body of water over twenty-five (25) feet in width, a fifteen-
foot minimum yard shall be required alonq all lot lines adjoining
such district. Category IV landscape screening shall be required,
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and no other uses or structures shall be permitted, within the
yard.
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 13th day of October, 1998.
CA-7077
wmmkordresk45-102et.ord
R-2
September 8, 1998
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APPROVED AS TO CONTENT
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Planning Department
300
APPROVED AS TO LEGAL SUFFICIENCY
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Law Department
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AN ORDINANCE ESTABLISHING TRANSITION
RULES FOR DEVELOPMENT IN THE SHORE
DRIVE OVERLAY DISTRICT
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WHEREAS, on October 13, 1998, the City Council adopted an
ordinance entitled "AN ORDINANCEAMENDING THE CITY ZONING ORDINANCE
BY ESTABLISHING THE SHORE DRIVE CORRIDOR OVERLAY DISTRICT AND
SETTING FORTH THE REGULATIONS APPLYING IN SUCH DISTRICT
(hereinafter the 'Ordinance');" and
WHEREAS, the Ordinance became effective on the date of
its adoption; and
WHEREAS, it is the sense of the City Council that
transition rules should be adopted to govern cases in which
subdivision plats or site plans have been submitted, but not
approved, by the City prior to the effective date of the Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That site plans and subdivision plats pertaining to
property located within the Shore Drive Corridor Overlay District
which were accepted for review, but neither approved nor
disapproved, by the City on or before the close of business on the
effective date of the Ordinance, shall not be subject to the
amendments set forth in the Ordinance, but shall be required to
comply with the ordinances and regulations of the City applicable
to such property on the date of acceptance;
2. That any such site plan or subdivision plat which
was accepted for review on or before the close of business on the
effective date of the Ordinance, but which was disapproved, or
which is hereafter disapproved, shall, if resubmitted within thirty
(30) days of the date of disapproval or within thirty (30) days of
the effective date of the Ordinance, whichever is later, be subject
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to the ordinances and regulations of the City applicable to such
property on the date of acceptance;
3. That the provisions of Paragraph 2 hereinabove shall
apply only to one (1) resubmittal of a site plan or subdivision
plat which has been disapproved, such that if disapproved upon
resubmittal after the effective date of the Ordinance, all further
development of the subject property shall conform to the provisions
of the Ordinance, as well as to all other applicable laws,
ordinances, regulations and standards; and
4. That nothin~ in this ordinance shall be construed to
deprive or deny any person of any vested rights which existed as of
the effective date of the Ordinance.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 13th day of October, 1998.
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CA-98-7156
wmm\ordres~sdtrans.ord
R-3
September 25, 1998
APPROVED AS TO CONTENT:
Plannin9
APPROVED AS TO LEGAL
SUFFICIENCY:
Department of Law
- 47-
APPOINTMENTS
ITEM # 44202
B Y CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
FRANCIS LAND HOUSE BOARD OF GOVERNORS
HISTORICAL REVIEW BOARD
October 13, 1998
- 48-
Item VI-N.
ADJOURNMENT
ITEM # 44203
Vice Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 2:33 P.M.
Beverly O. Hooks, CMC/AAE
Chief Deputy City Clerk
William D. Sessoms, Jr.
Vice Mayor
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
October 13, 1998