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JULY 9, 2002 MINUTESCITY COUNCIL "COMMUNITY FOR A LIFETIME" MAYOR MEYERA E OBERNDORE At-Large VICE MA YOR ROBERT C MANDIGO, JR, Kempsvtlle -Dtstrtct 2 MARGARET L EURE, Centervtlle - Dtstrtct l LOUIS R JONES, Baystde -Dtstrtct 4 REBA S McCLANAN, Rose Hall - District 3 RICHARD A MADDOX, - Beach -Dtstrtct 6 JIM REEVE, - Princess Anne - Dtstrwt 7 PETER W SCHMIDT, -At-Large RON A VILLANUEVA, - At-Large ROSEMARY WILSON, At-Large JAMES L WOOD, Lynnhaven -Dtstrtct 5 JAMES K SPORE, Ctty Manager LESLIE L LILLEY, City Attorney RUTH HODGES-SM1TH, MMC, City Clerk CITY COUNCIL AGENDA CITY HALL BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH VIRGINIA 23456-9005 PHONE ("5-) 42--4304 t:AX ('"5~') 426-5669 LMAIL Ctycncl~vbgov com July 9, 2002 I. CITY COUNCIL'S BRIEFING - Conference Room- 3:30 PM to TRANSPORTATION REFERENDUM Art Collins, Executive D~rector Hampton Roads Planmng D~stnct Commission (HRPDC) II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV INFORMAL SESSION - Conference Room- 5:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E Obemdorf B. INVOCATION: Dr. Dwight Chnstenbury F~rst Presbyterian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D ELECTRONIC ROLL CALL OF CITY COUNCIL E CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS July 2, 2002 G AGENDA FOR FORMAL SESSION H. BID OPENING o LEASE of City-owned property at 2705 Elbow Road re a CELL TOWER AT STUMPY LAKE I PUBLIC HEARING 1. Local Law Enforcement Block Grant J. ORDINANCES/RESOLUTIONS o Ordinance to AMEND §§ 21-424, 21-426 and 21-429 of the City Code re fees and access trips for towing of vehicles from private property. 2. Ordinances re the Clty Zoning Ordinance (CZO): a. AMEND § 103 re Admtmstrattve Vartances bo AMEND §221 re revising procedures for revocation of Conchttonal Use Permits (cuP) Co ADD/AMEND § 1611.1 re allowing construction/maintenance of bulkheads and other equivalent structural improvements in the Sandbndge Beach Subdivision do AMEND definition temporary commercial parktng lots and establish same as a principal use in the RT-1 and RT-2 Resort Tourist Districts . Ordinance to AUTHORIZE a temporary encroachment into a portion of the City's rights-of-way for ALBERT T. FISHER, JR. and VICTORIA FISHER re wooden bulkhead/walkway/pler/boathft at 2076 Tazewell Road. (DISTRICT 5 - LYNNHAVEN) 4. Ordinances re School Reversion funds for various school projects: ao FY 2002-03 Capital Budget: Distance Learning Equipment Human Resources/Payroll Operations/acquisition of equipment Instruction $ 200,000 $1,500,000 $ 515,797 $ 400,000 o Ordinance to ACCEPT and APPROPRIATE a $227,270 Local Law Enforcement Block Grant (LLEBG) from the Federal Bureau of Justice Assistance and TRANSFER $25,252 as the City's required matching funds. , Resolution to CONSENT to the ASSIGNMENT by Hampton Roads Mariners, L.L.C. of its rights and obligations re joint use for the Sportsplex. M.. UNFINISHED BUSINESS N NEW BUSINESS O. ADJOURNMENT If you are physically disabled or wsually ~mpmred and need assistance at th~s meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call TDD only 427-4305 (TDD - Telephonic Devine for the Deaf) 07/05/02st AGENDA 07/09/02 www vbgov com MINUTES VIRGINIa BEACH CITY COUNCIL Virginia Beach, Virginia 9 July 2002 Mayor Meyera E Oberndorf called to order the CITY COUNCIL'S BRIEFING re TRANSPORTATION REFERENDUM tn the Ctty Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, July 9, 2002, at 3 30PM Counctl Members Present Margaret L Eure, Loms R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Absent None -2- CITY MANAGER'S BRIEFING TRANSPOR E4 TION REFERENDUM 3:30 P.M. ITEM # 49903 Art Colhns, Executtve Dtrector- Hampton Roads Planning District Commission, advtsed the HRPDC ts responstble for the long range Transportation Plan for thts Regton The Transportation Plan must be fiscally restrained and conform to atr quahty requirements In 1988, the Techmcal Commtttee, charred by Dwtght L Farmer, Deputy Executtve Dtrector- Transportatton- HRPDC, came to the concluston that the regton would not have suffictent fundmgfor major crtttcal facthttes These issues were brought forward to the Metropolitan Planning Organization (MPO). The MPO ts comprtsed of the Executtve Commtttee of the HRPDC, transtt and state representattves The HRPDC and MPO are almost synonymous Dtscusstons ensued for approxtmately etght (8) months To make the pubhc aware, a number of vtdeos were produced and shown on local access television, as well as made available tn the Ltbrartes In August 1999, the MPO, and HRPDC agreed upon a package of proJects Thzs was brought to the 2000 Session of the General Assembly, thts package where tt was essenttally adopted and provtded approxtmately $200-MILLION for transportattonproject fundtng In February 2001, the HRPDC and the MPO approved the long rangeplan Senator Frank Wagner estabhshed a State Study Commtsston on the Third Crossing After many months of study, the Third Crossing was determtned to be critical to the Region Senator Marty Wtlhams of Newport News estabhshed a commtsston whtch studted the entire package of proJects brought to the 2002 Sesston of the General Assembly Senate Bill 668 resulted whtch allowed the Regton to have a Refi,.rendum to ratse the sales tax 1% to pay for this package of projects The ortgtnal MPO/'I-IRPDC fundtng recommendatton was a combination of a gas tax and tolls Senator Marty Wdhams' Committee determined this was not the best method and thus the sales tax was tntroduced Dwtght Farmer, detatled the Hampton Roads Transportation Referendum Package. Hampton Roads Crossing (Third Crossing) 1-64 Widening US Route 460 Midtown Tunnel/Martin Luther King Extension Southeastern Parkway/Greenbelt *This package also includes a Transit Component ($10-MILLION per year for twenty (20)years) Due to the hmttattons of only a 1% sales tax increase, this constructton package entails a twenty (20)year tmplementatton schedule The cost for the htghwaypackage alone wtll ultimately cost approxtmately $7-1/2- BILLION Third Crossing Approxtmately five (5) segments to thts project The East/West Connector runntng from the extsttng Monitor-Merrimac Bridge Tunnel over to Hampton Boulevard and then to the 1-564 Connector wouldprobably be butlt first Thts connector would reheve a very congested sttuatton at the Hampton Roads Brtdge Tunnel The Craney Island Connector would provtde tremendous strategtc advantage as a Port Metropohtan Area to access what ts hoped to be the Fourth Martne Termtnal, the expanston of Craney Island out to the East of the extsttng Craney Island The extsttng Monttor-Merrtmac Memorial Bridge Tunnel would be wtdened Essenttally, the current 4- lane facthty wtll go to 8-1anes wtth the same access at the same tnterchange potnts There wtll be another brtdge tube tn addition to those 8 lanes, which wtll be the multt-modal or transtt tube Mr Farmer beheves thts wtll be a transtt tube connector to hght ratl and for high speed ratl transit Another section would be the connector back to the Hampton Colosseum on the north end and then a wtdemng from 4 lanes to 6 lanes through Chesapeake and Suffolk to Bowers Htll duly 9, 2002 -3- CITY M/IN/IGER'S BRIEFING TRANSPOR T/I TION REFERENDUM ITEM # 49903 (Continued) *I-64 Widening (on the Peninsula): There ts a wtdemngfrom 4 to 6 lanes, plus 2 HOV lanes scheduled to Route 199 From Route 199 and beyond, there wtll be a wtdemng of from 4 to 6 lanes The taxing dtstrtct ends at the dames City/New Kent County Lines Midtown Tunnel/Martin Luther King Freeway Extension Ptnners Point Interchange ts currently under constructton OCunded from non- Referendum sources) To complete thts package, there wtll be a 2-lane tube to the North of the extsttng mid-town tunnel to make a 4-lane factltty The tunnel currently has enormous congestion and moves thru traffic from a multztude of locahttes At the present tzme, the Martin Luther King Freeway termtnates as a hmtted access factltty a short &stance down to London Boulevard Thts extenston would allow direct access stratght to 1-264 tn Portsmouth *Route 460Improvements The HRPDC has projected that congestzon at the Monttor Merrtmac wdl be beyond tts destgn capactty (75, 000 to 80, 000 vehicles per day) wtthtn the next three to five years Thts year, HRPDC predtcts volumes wtll be tn the 70,000 vehtcle per day range Route 460 wtll be a rehever of this parttcular sttuatton Thts wtll be a hmtted access facthty, essenttally at Interstate standards The taxtng dtstrtct ends at the western corporate hmtts of Isle of Wight at Zunt There would be some mtnor adjustments to Route 460, just southwest of Bowers Htll The Suffolk By-pass for all mtent andpurpose ts almost at state standards and requtres just mtnor modtficattons Southeastern Parkway and Greenbelt The green sectton depicted on the map would be a new 4-lane htghway plus 2 addtttonal HOV lanes The "red" sectton (Oakgrove Connector) wouM be wtdened from 4 to 6 lanes plus 2 new HOV lanes The Vtrgtma Department of Transportatton (VDOT) ts sttll movtng forward wtth prehmtnary engtneertng work and a selectton process meettng wtll be occurrtng tomorrow mormng, Wednesday, duly 10, 2002, at VDOT Thts project ts back on track and movtngforward *Mr Farmer beheved ifa "yes" vote ts recetved on the Referendum, the State and Federal Governments wdl probably wtsh to partner on thts package to wtden 1-64 and Route 460 all the way to Rtchmond on 1-295 VDOT has been gtvtng current day cost esttmates, wtthout taktng tnflatton tnto account The HRPDC has been tn consultatton wtth Mtchael Baker and the current Commtsstoner of VDOT H/IMPTON R O/IDS TRANSPOR T/I TION REFERENDUM P/I CICA GE PR OJE CTS /IND COS TS Project Cost (FY-04) Hampton Roads Crossing (Third Crossing) $ 2. 7525 BILLION 1-64 Widening $ 683 MILLION Midtown Tunnel/Martin Luther King $ 421 MILLION Extension Route 460 $ 394.2 MILLION $ 555 MILLION Southeastern Parkway & Greenbelt Transff Package $ 200 MILLION $ 200.0 MILLION COST $ 5. 005 7 BILLION Inflated Cost (FY-2023 $ 4.316 BILLION $ 1.071 BILLION $ 660.2 MILLION $ 618.2 MILLION $ 870.3 MILLION $ 7. 7357 BILLION The Bond hmttattons contatned wtthtn the legtslatton state not more than $5.99 BILLION duly 9, 2002 -4- CITY M/tNA GER 'S BRIEFING TRANSPOR T/I TION REFERENDUM ITEM # 49903 (Continued) If the "yes" vote is received on the November Fifth Referendum, these projects will all start together There should be noproblem with oneproject dominating another Theseprojects will move at their own respective paces The Third Crossing has a record of decision and an Environmental Impact Statement so it ts further along Route 460 has much environmental work to accomplish Within some of the Corridors, Route 460 ts extremely environmentally sensitive ,4ll projects should be accomplished within the 20-year schedule Some portions of the projects should have traffic running in 6 to 8 years Mr Collins advised the 1% sales tax will be removed when the bonds are paid off This is not tax for local government nor a tax on the State This would be considered an "overlapping" tax, and not directly affect any local government's debt capacity All the debt will belong to the Hampton Roads Planning District Commission The Hampton Roads Partnership has formed a committee to reduce traffic congestion tn Hampton Roads This entity will be providing the pubhc information as part of the campaign for the Referendum Mr Farmer advised Councilman Reeve the tntermodal high speed on the Route 460 corridor is a separate study I/DOT has only performed a feaslblhty study of high speed rail service in that corridor If the Referendum ts passed, he believes the Third Crossing has the $600-MILLION multi-modal component, which would be an outstanding connection to build upon to connect the Peninsula and Southstde with rail service and connect high speed rail to 1-295 If there is not a "yes" vote, Southstde may be reviewing this option further Councilman Wood inquired which of the projects is expected to come on-hne and be completed first Mr Farmer advised re the Third Crossing, Segments 1 and 2 East/West and then Craney Island Connection can come on line in 6 to 8 years All of the projects will be scheduled to begin and move at their own respective pace without undue influence from any others The cash flow is there to accomplish all the projects Council Lady McClanan referenced the City's Road Referendum in 1986 and the voters wished to be advised of the schedule of the road projects The City had to hire additional staffing for their road projects Mr Collins advised the sales tax will generate approximately $150-MILLION durtng the first full year This will cover the cost of the engineering Funds will be accumulated before construction Therefore, this will be a combination of pay-as-you-go and when funds are needed during the construction, the bonds will be utilized When construction lapses off In years Fifteen and &xteen, the sales tax will still increase and surpluses result This is when the bonds will be paid off Mr Farmer referenced the Engineers of Michael Baker have reviewed each indtvtdual project, their schedules and cash requirements and have determined the cash flow from the 1% sales tax could accomplish all of these projects simultaneously Mayor Oberndorf referenced her attendance at a Civic League meeting last night, July Eighth The residents referenced the Ct ty 's approximately $100-MILLION expended in roads after the 1986 Referendum Ct ttzens were selected to serve with the professionals to oversee the expenditure of the funds whether planmng or permitting and then report back to the City Mayor Oberndorf suggested, as this is regional transportation, each City could have a representative on this Committee who could make a presentatton to the respective City Council relative expenditures Mr Collins advised the HRPDC, MPO and the Technical Committee meet every month ,tll meetings are public Financial and status reports are furnlshed each month This will be a very open and transparent process The Virginia Code states Virginia's highways are built by the Virginia Department of Transportation (VDOT) Mayor Oberndorf advtsed only certain people attend these meetings and Interpret it for all In the eyes of the citizens, the only job done well by the Virginia Department of Transportation (VDOT) was the interchange at Military Highway I/DOThad a citizens committee Thepeople want to know if they vote for this Referendum will everyone of these projects be accountable that they are on time and within cost estimates Mr Collins advised VDOT previously encountered a tremendous lack of money, which er, tended the tlme it took to construct a highway Therefore, the estimates contractors gave to build the project in a year or two resulted in the projects being completed in years 7 and 8 Naturally, the projects cost more The elected officials of Hampton Roads will be running this process, along with technical and the Chief Administrative Officers (CAO's), not the Commonwealth Transportation Board tn Richmond All of the financial information will be available at the Hampton Roads Planning District Commission. July 9, 2002 -5- CITY M/INAGER'S BRIEFING TRANSPOR T/I TION REFERENDUM ITEM # 49903 (Continued) Counctlman Schmtdt tnqutred tf there ts a plan to formally engage local government at thts potnt tn ttme Mr Colhns advtsed the Partnershtp must dectde the role of locally elected offictals tn thts campatgn There ts a body whtch says tt should be more cttt zen based Counctl Lady Wtlson supported the Mayor concerntng the formatton of a Ctttzen's Committee Counctl Lady Wtlson ctted the Kempsvtlle Ctttzens Commtttee as an excellent example Mr Colhns advtsed Counctl Lady Wilson the time hnes of the vartous projects shall be on a webstte Counctlman Jones clartfied the starttng of the projects refers to the engtneertng and surveying The fact should be emphastzed that once the engtneertng ts commenced, the project has started Engtneertng ts just as tmportant as the actual constructton From a ctttzens standpotnt, Counctlman Vdlanueva tnqutred whether there are other alternatives tf the Referendum tn November does not pass Mr Colhns beheved the matn problem would be the labor force The regton would end up wtth a Pemnsula and Southstde labor force, as the labor force cannot move back and forth as a commuter Therefore, the labor force tn the regton would be reduced As an example, thts would be unfortunate for commuters from the Peninsula to Old Domtnton Untverstty who wtsh to attend 8 O0 A M classes Safety tssues are also entatled, t e problems ofhurrtcane evacuatton, weapons of mass destructton, atr quahty would remain with the regton Mr Farmer referenced the Hampton Roads Bridge Tunnel today ts expertenctng about 200 to 300 incidents per year In the year 2018, the incidents are expected to be twenty-one (2O per day The revenue from this Referendum ts restrtcted to only these six (6) projects. Mr Colhns advtsed fatItng to meet the air quality conformity means the vehicle will have to be inspected every year (approxtmately $25 00/$26 00) If the vehtcle does not pass tnspectton, current law say the expense to fix the car and ehmtnate the rejectton sttcker would be up to $400 Currently, thts air quality conformity extsts tn Northern Vtrgtnta Federal Htghway funds could also be lost (as has happened tn Atlanta) and effecttvely not grow from an tndustrtal base Counctl Lady Eure wtshed to know when the engtneertng and destgn ts to be completed for each project Council Lady Eure expressed concern relattve avatlabthty of the labor force and matertals for all these projects Mr Colhns advtsed Interstate 64 ts takmg so long to butld because of avatIabthty of the fundtng Thts Referendum solves the problem, as the funds will be avatlable There wtll be an abundance of asphalt and concrete tn Hampton Roads for these projects In prtor years, the constructton program was much larger than today Mr Farmer advtsed five (5) years ago, VDOT was at $250-MILLION a year in construction contracts in Hampton Roads alone Four years later, constructton contracts are now down to $150- MILLION Over a 20-year pertod, the Referendum fundtng ts enough to get these transportatton projects "back on track" All the projects wtll not be under asphalt scheduhng at the same ttme Vtce Mayor Man&go advtsed thts ts a regtonal Transportation Plan to enable alternattves and tncrease traffic capactty moving tn and out of this Regton Thts ts tmportant to IZtrgmta Beach as a resort ctty Even the person who does not hve adjacent to one of these roads wtll be postttvely affected as congestton wtll be reheved Mr Colhns referenced tf a regton shows the Federal Government progress ts betng made to reduce traffic congestton, the Government wtll cut more slack than tf you have shown no wtlhngness to tmprove the sttuatton The fundtng from the Referendum goes tnto the region account Counctlman Wood tnqutred whtch items would be exempt from the sales tax Mr Colhns advtsed the most tmportant exempttons are all food and non prescrtptton drugs Robert Matthtas, Asststant to the Ctty Manager, advtsed the State has two (2) pubhc/prtvate proposals tn front of tt to perform a destgn/butld on the Third Crossing. The firms have satd the project wtll be destgned and butlt tn eight (8) years Multt-nattonal compantes will be butldtng these facthttes i e Ttdewater SKANSKA (comprtsed of Ttdewater Constructton Company and SKANSKA (butlds tunnels tn Europe) The Partnershtp ts requesttng the Ctty Counctls, prtor to the Referendum, adopt a Resolutton supporttng the Referendum Thts wtll provtde gutdance to the voters There ts a consctous effort to take off the table pubhc tax dollars whtch mtght be utthzed to support thts Referendum The Hampton Roads Partnershtp wtll be IDTtng the Commtttee to reduce congestton for ttme expended re the Referendum July 9, 2002 -6- CITY MANAGER'S BRIEFING TRANSPOR TA TION REFERENDUM ITEM # 49903 (Continued) Relattve the Southeastern Parkway and Greenbelt, a contract for the Environmental Impact Statement (EIS) wtll probably be secured approxtmately October It will take approxtmately etghteen months to prepare a DIL4FT EIS wtth another etghteen months to prepare a final ElS A record dectston should be recetved stx (6) months after thts After thts forty-two month pertod, destgn and constructton should begtn The Commtsstons beheve all of these projects wtll have unsohctted pubhc/prtvate proposals put forward for butldmg These projects wtll go forward tn an expedtttous manner, once a final Environmental Impact Statement and record of decision ts approved The Commtttee to reduce congestton will have a brtefing booklet avatlable wtth anttctpated questtons of the pubhc and responses relattve the Referendum Coptes wtll be provided to Ctty Counctl Members More wetland acres wtll be tmpacted on the Southeastern Parkway and Greenbelt than the Lake Gaston project Concerntng I-64 tmprovements, the State has been maktng a mtle's worth of tmprovement every two or three years Thts ts not only very dtsrupttve, as well as not a good use of resources However, the State has been spendtng the funds as recetved rather than savmg and tmprovtng 5 to 10 mtles at a ttme For the last ten to twelve years, I/DOT has been tnflattng revenues, but never constructton costs Last years, I/DOT dectded to tnflate constructton costs and now have to play "ptck up" t e Ntmmo Parkway tncreastng from $30- MILLION to $60-MILLION Both revenue esttmates have been revtewed by Bond counsel, the State Treasurer and all feel confident A cauttous revenue inflator has been utthzed If the Referendum passes, every dollar generated wtll stay and be controlled tn Hampton Roads If the Referendum ts approved, the Transportation Efficiency Act for the Twenty-first Century ts up for reauthortzatton next year Senator Warner can go to hts compatrtots tn the Senate and reflect the Regtons approval of the Refi'.rendum He can request addtttonal Federal Revenue 67% of the State Transportation dollars are federal dollars Senator Warner has successfully secured a $1/2-MILLION or more bikeway spending every year for the past three or four years for the Ctty Mr Matthtas advtsed Counctlman Reeve relattve the posstbthty ora toll for the Southeastern Parkway and Greenbelt, Mr Matthtas advised thts toll would have to be $1 50per trip Ifa commuter recetves a discount, tt would be $1 O0 each way, whtch would amount to $500 a year for a businessman just to use that road project The sales tax would entatl a cost to tndtvtduals of approxtmately $120 a household for utthzatton of all stx (6) roadprojects Havmg tolls on the Parkway would not have tt butlt any faster attd would require addtttonal work tnvolvmg t e constructton of toll plaza Concerning I/tce Mayor Mandtgo 's concern of the revenue stream betngprotected, Mr Matthtas referenced hts memorandum re attending a meettng of Task Force Il of the domt Subcommtttee studytng I/trgmta 's State Tax Code, charred by Delegate Bob McDonnell Mr Matthtas beheves Delegate McDonnell wtll recommend the sales tax be expanded to certam enumerated servtces, which wtll greatly tncrease the base The base may even be tncreased enough to actually cut the rate Mr Matthtas chd not see any downstde to the work Delegate McDonnell was dotng on thts parttcular effort .July 9, 2002 -7- AGENDA RE VIEW SESSION 4:45 P.M. ITEM # 49904 J1 Or&nance to AMEND ~.~ 21-424, 21-426 and 21-429 of the City Code re fees and access trtps for towing of veh tcles from private property Vtce Mayor Man&go referenced hts fax relattve nonconsensual towtng &strtbuted to the Mayor, Counctl Members, Ctty Manager, Ctty Attorney and the Commtsstoner of the Revenue Vtce Mayor Man&go advtsed there are tssues tnvolved tn properttes utthzed for bulk storage He has contacted the Commtsstoner of the Revenue tn an attempt to gather stattsttcal data on the towtng tndustry The Commtsstoner of the Revenue suggested Ctty Counctl mtght wtsh to constder a business sub-class for towtng enttttes tn order to collect that data Vtce Mayor Man&go also suggested the estabhshment ora Task Force comprtsed of representattves from the offices of the Commtsstoner of Revenue, Ctty Attorney, Pohce and Risk Management to recommend An or&nance and procedures to tmprove the regulatton Ctty's nonconsensual towtng operattons An or&nance for better tdenttfytng, assesstng and collecttng taxes, hcense and fees from busmesses tnvolved tn towtng operations Councd Members Eure and Wtlson would support the formatton of a Commtttee for a more tn depth revtew of the issue Councilman Maddox advised there are two tssues (I) inflation: the towing are entitled to an increase in rates; and, (2) whether or not the towing industry needs to be policed. Vtce Mayor Man&go beheves, based on the tnformatton presented and the recommendations, there should be an tncrease tn rates Vtce Mayor Man&go recommended ratstng the fee of unhooktng and releastng a vehtcle prtor to actual towtng of the vehtcle (drop fee)from $20 for all vehicles to $25 for vehtcles wetghttng less than 11,001 There would be only two vehtcle classes The drop fee on vehtcles over l l, O00 pounds vehtcles classes would be $25 The charges for towtng and storage of a vehtcle would be raised from $ 70 O0 to $75 O0 The other class of l l, O01 pounds or more would rematn at $285 Thus, there would be two wetght classes tnstead of three The storage should be $15 O0 rather than $20 OO for vehtcles 11, O00 pounds or less and $20 O0 rather than $25 OO for vehtcles 11,001 pounds or more The tttle search would be ratsed from $40 O0 to $50 O0 Counctlman Vtllanueva requested a compartson of thts Ctty's fees to those of other muntctpahttes tn the regton Vice Mayor Man&go advised Councilman Reeve re the number of vehicles towed comprising a heavy weight class (semt or dehvery trucks) The pohce are supposed to be nottfied when there ss a nonconsensual tow The data ss not separated tnto wetght classes towed Thts ttem shall be DEFERRED, BY CONSENT, unttl the Ctty Counctl Sesston of August 6, 2002, to enable amendment of the or&nance relattve the Rates and &scusston of the towtng tndustry durtng Ctty Counctl's Retreat (August 2 and 3) ITEM # 49905 d 2 Or&nances re the Ctty Zontng Or&nance (CZO) a. AMEND 3~103 re Admtntstrattve Vartances b AMEND ~221 re revtstng procedures for revocatton of Con&ttonal Use Permits (CUP) c. ADD/AMEND~1611 1 re allowing constructton/matntenance of bulkheads and other equtvalent structural tmprovements tn the' Sandbrtdge Beach Sub&vision d. AMEND definttton of temporary commerctal parktng lots and estabhsh same as a prtnctpal use tn the RT-1 and RT-2 Resort Tourtst Dtstrtcts This item shall be MOVED to PLANNING as Item K4. July 9, 2002 -8- AGENDA RE VIE W SESSION ITEM tt 49906 J2 Ordtnance to AUTHORIZE a temporary encroachment mto a portton of the City's rtghts-of-wayfor ALBERT T., JR. and VICTORIA FISHER re wooden bulkhead/walkway/pter/boathft at 2076 Tazewell Road. (DISTP~CT 5 - L l?v~55~A ~77). DISTRICT 4 - BA YSIDE Counctlman Jones advised thts encroachment ts tn the Baystde Dtstrtct ITEM It 49907 d 3 Ordtnances re School Reversion funds for vartous schoolprojects FY2002-03 Capttal Budget Dtstance Learntng Equtpment Human Resources/Payroll Operattons/acqutsttton of equtpment Instructton $ 200,000 $1.500,000 $ 515, 797 $ 400,000 Counctl Lady Eure tnqutred tf the total reverston ts $2,215, 797 Vtctorta Lewis, Chtef Ftnanctal Officer -Vtrgtnta Beach City Schools, advtsed there was $2 2-MILLION as part of the revenue sharing formula whtch could be allocated back to the Schools $400,000 of thts ordtnance ts from the Schools projected reversion from thts year The balance of these funds wtll come backprobably tn August (approxtmately $5-MILLION) before September when the Ctty can reapproprtate The total amount rematntng thcs year wtll be approxtmately $12 to $13 ~-MILLION ITEM It 49908 J5 Resolutton to CONSENT to the ASSIGNMENT by Hampton Roads Mariners, L.L.C. of tts rtghts and obhgattons re jotnt use of the Sportsplex. The Ctty Manager advtsed thts ttem wtll be dtscussed durtng the Closed Sesston ITEM It 49909 BY CONSENSUS, the followtng shall compose the CONSENT AGENDA: ORDINANCES/RES OL UTIONS J1 Ordinance to AMEND ~3~ 21-424, 21-426 and 21-429 of the Ctty Code re fees and access trtps for towing of vehtcles from private property J2 Ordtnance to AUTHORIZE a temporary encroachment tnto a portton of the Ctty's rtghts-of-wayfor ALBERT T., JR. and VICTORIA FISHER re wooden bulkhead/walkway/pter/boathft at 2076 Tazewell Road. ~ ~ o~ ~. ~. 5 - ~ ~ ~,, ~ ~ ~ ,/DISTMCT 4 - BA YSIDE J 3 Ordtnances re School Reversion funds for vartous school projects FY2002-03 Capttal Budget Dtstance Learntng Equtpment Human Resources/Payroll Operattons/acqmsttton of eqmpment Instructton $ 200,000 $1,500,000 $ 515, 797 $ 400,000 July 9, 2002 -9- AGENDA RE VIEW SESSION ITEM # 49909 (Continued) J4 Ordtnance to ACCEPT and APPROPRIATE a $22 7, 2 70 Local Law Enforcement Block Grant (LLEBG) from the Federal Bureau of Justice Asststance and TRANSFER $25,252 as the Ctty's requtred matchtngfunds J5 Resolutton to CONSENT to the ASSIGNMENT by Hampton Roads Mariners, L.L.C. of tts rtghts and obhgattons re jotnt use of the Sportsplex. Item J 1 wtll be DEFERRED, BY CONSENT, unttl the Ctty Counctl Session of August 6, 2002 July 9, 2002 - IO- AGENDA RE VIE W SESSION ITEM # 49910 K1 Apphcauons of BECO PROPERTIES, INC at the northwest tntersectton of North Wttchduck Road and Wtshart Road, contatntng 28 6 acres (DISTRICT 4 - BA YSIDE) a Vartance to Subdtvtston Or&nance re two lots with lnsuffictent frontage on pubhc rtght-of-way b Conchttonal Use Permtt(CUP) re Open Space Promotion Option to develop 28 6 acres into 21 lots Counctlman Jones requested thts ttem be dtscussed durtng the Formal Sesston Stephen Whtte, Planntng, dtstrtbuted conchttons approved by the Planmng Commtsston, plus a modification to Condition 1 requested by the Wttchduck Ctvtc League (not tncluded tn Ctty Council's Agenda) ITEM # 49911 K2 Apphcattons of HARBOUR DEVELOPMENT CORPORA TION, L.L. C. at North Landtng and West Neck Roads, contatntng 65 1 acres (DISTRICT 7 - PRINCESS ANNE) Change of Zomng Dtstrtct Classtficatton from A G-1 and AG-2 Agricultural to Conditional R-30 Residential re stngle famtly lots no less than 30,000 sq fi b Condtttonal Use Permtt re Open Space Promotion Vartance Appeal re certain elements of the Subdtvtston Ordtnance, Sectton 4 4(b), that requtres all newly created lots meet the reqmrements of the City Zomng Ordinance (CZO) and reduce requtred street wtdth Counctlman Reeve advtsed he wtshed to DEFER this ttem, however, he would hke Attorney Bourdon's request to present the apphcatton tomght K2 ITEM # 49912 Apphcatton of CA THOLIC DIOCESE OF RICHMOND for discontinuance, closure and abandonment of Arcttc Crescent re consohdatton of church property, contatntng 41, 297 square feet (DISTRICT 6- BEA CH) Mayor Oberndorf referenced recetpt of an E-mad from Mr Sawyer, relattve thts apphcatton accusmg the Ctty Council of not adequately tnformtng the pubhc Councilman Maddox advtsed he has spoken wtth the former Dtstrtct representattve, Counctlman Branch, and thts apphcatton has been tn the process for awhtle and ts conststent wtth the Ctty 's plans The constructton of a cul-de-sac at Arctic Crescent, 14th Street and Arcttc Ctrcte wtth a curb cut at Arcttc Circle, wtll leave the rtght-of-ways open for the constructton and matntenance of the North Lake Holy Drainage Capttal Improvement ProJect (CIP), yet gtves the appearance of a prtvate drtve Counctl Maddox advtsed the stgn ts posted July 9, 2002 -Il- AGENDA RE VIEWSESSION ITEM # 49913 J 2 Ordinances re the Ctty Zomng Or&nance (CZO) a. AMEND 3~103 re Admtmstrattve Vartances b AMEND ~221 re revtstngproceduresfor revocatton of Condtttonal Use Permtts (CUP) c. ADD/AMEND ~1611 1 re allowtng construction~maintenance of bulkheads and other equivalent structural tmprovements tn the Sandbrtdge Beach Subdtvtston d. AMEND defimtton of temporary commerctal parktng lots and estabhsh same as a prtnctpal use tn the RT-1 and RT-2 Resort Tourtst Dtstrtcts Counctl Lady McClanan expressed concern and advtsed there are many rental properttes and town house netghborhoods wtthtn her Dtstrtct As nottficatton of vartances ts recetved by the owner oj~ the townhouses, not the renters, there would be residents who would not wtsh certatn thtngs to occur and would have no tnput Robert d Scott, Dtrector of Planmng, advtsed re AMEND §103 re Administrative Variances Thts has been a provtston avatlable to locahttes as a result of a recent stat law amendment Thts ts supported by the Board of Zomng Appeals The amendment wtll provtde the Zomng Admtntstrator the abthty to grant mtnor setback vartances wtthout a Heartng before the Board of Zomng Appeals (BZA) The State Code now allows such "admtmstrattve vartances" where adjacent property owners are nottfied and there are no objecttons Mr Scott advtsed these are safeguards Asststant Ctty Attorney Kay Wtlson advtsed the General Assembly's Btll was enacted a year ago Asststant Ctty Attorney Wtlson and Karen Lasley, Zontng Admtntstrator, have been coordtnattng wtth vartous groups to determtne tf these amendments would work Counctl Lady McClanan wtll vote NAY on item a and d ITEM # 49914 BY CONSENSUS, the followtng shall compose the PLANNING BY CONSENT AGENDA: J 20rdtnances re the Ctty Zomng Or&nance (CZO) a. AMEND ~103 re Admtmstrattve Vartances b AMEND 3~221 re revtstngproceduresfor revocation of Con&ttonal Use Permtts (CUP) ADD/AMEND 3~1611 1 re allowing constructton/matntenance of bulkheads and other eqmvalent structural tmprovements tn the Sandbrtdge Beach Subdtvtston AMEND definttton of temporary commerctal parktng lots and estabhsh same as a prtnctpal use tn the RT-1 and RT-2 Resort Tourist Dtstrtcts K2 Apphcatton of CA THOLIC DIOCESE OF RICHMOND for chsconttnuance, closure and abandonment of Arcttc Crescent re consohdatton of church property, contatntng 41, 29 7 square feet (DISTRICT 6 - BEACH) Counctl Lady McClanan wtll vote a VERBAL NAY on Item 4a and d July 9, 2002 - 12- CITY COUNCIL COMMENTS 5:15 P.M. ITEM # 49915 Mayor Oberndorf expressed Counctl's sympathy concerntngthe Resort drowmng deaths Mayor Oberndorf requested the Ctty Manager's staff revtew the hfesavtng procedures on the East and Southern coasts, where large numbers of people congregate, to determtne tf further precauttons are necessary Mayor Oberndorf referenced Mr Gtll, who ts tn charge of the hfeguards, advtsed his hfeguards had to make two hundred (200) mterventtons just tn thts season Mayor Oberndorf advtsed after 6:00 P.M., there are five individuals who ride all-terrain vehicles down the Beach to watch for those tn trouble Jet sMers, between the hours of 6 to 8:00 P.M., patrol the ocean Myrtle Beach closes down the hfeguard stattons at 5 30 P M and Ocean Ctty closes at 5 O0 P M It appears there are a number of tndtvtdua[s who swtm after 6 O0 P M An autopsy also needs to be revtewed, as one group had been partymg Mayor Oberndorf beheves the hfeguards performed amaztngly A natural resource cannot be restrtcted to mdtvtduals A film on ocean safety has been completed at the VOTECH Center Counctl Lady Eure mqutred tfa curfew for swtmmers could be estabhshed? She was not propostng to hmtt the hours, but she was asktng the questton as per request of a ctttzen The Ctty Attorney advtsed an ordtnance of thts nature has not been contemplated, however, as a health, safety and welfare matter, Ctty Counctl always has the authority to regulate these types of activities Counctl Lady McClanan concurred wtth Mayor Oberndorf and satd facts and figures should be provtded on a month by month basts These tnctdents appear to be more sertous than tn prevtous years Counctlman Reeve, advtsed as a former Oceanfront Ltfeguard, he chd not beheve any ordtnance would stop people from going tnto the water when they do not have the educatton to understand the ocean ts much dtfferent from a pool or lake Counctlman Reeve suggested dollars be expended to educate the pubhc relattve the dangers Many of the hfeguards' duttes these days are findtng lost chtldren Counctlman Maddox tnqutred, as the Beach ts three ttmes larger than two years ago, are there sttll the same number of hfeguards covermg thts expanded area? There are hterally 'thousands of people on any block of the Oceanfront The Ctty Manager advtsed thts tnformatton was dtstrtbuted prevtously tn the Safe Beach Task Force Policy Report Dtvtston Chtef Ed Brazle, Emergency Me&cal Servtces, referenced the drownmg stattsttcs of "deaths after hours" There was one drowmng tn 1996 and four last year (2001) Then there was one evenmg and one morntng drowntng event thts weekend As part of the Safe Beach Task Force Policy Report, Dtstrtct Chtef Brazle had advtsed Ctty Counctl on June 25, 2002, the City wtll provtde a strong level of awareness and response capabthty durtng the hours between 6 O0 P M and 7 O0 P M The Department of EMS ts preparing to provtde Ctty hfeguard patrols on the resort beach from 6 O0 P M unttl 7 O0 P M ntghtly durtng the peak season (June 14th - Labor Day) (mtntmum of 5 member) However, thts patrol has stayed unttl 8 O0 P M or later all Summer long The responders wtllpatrol the beach Dtstrtct Cht~fBrazle advtsed they have not found a Beach commumty that keeps thts type of presence thts late into the evemng Relattve extendtng the hfeguard contract hours, the Safety Task Force had requested proposals The hfeguard contractor advtsed tn order toprovtde thts servtce, a five year extenston on the contract would be necessary Due to procurement laws, thts contract could not be extended wtthout gotng out for bid Vtce Mayor Man&go advtsed there must be some tndtvtdual responstble and accountabthty I~hen he takes his children to the Beach, they are his responstbthty Vtce Mayor Man&go advised we should encourage thts responstbthty of our vtsttors Counctlman Reeve tnqutred tf data ts avatlable relattve tncrease or decrease of tourtsts from prevtous years Dr Dwtght Yokum of Old Domtnton Untverstty usually provtdes these stattsttcs ITEM # 49916 Counctl Lady Eure referenced the correspondence of Mr. Mervin Troyer of Stumpy Lake Counctl Lady Eure quoted the revtsed sentence "Wefurtherpledge and guarantee to the Ctty that thts will never happen agatn" Thts letter of apology was dtstrtbuted to the Ctty Manager July 9, 2002 -13- ITEM # 49917 Mayor Meyera E Oberndorf , called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Ctty Counct! Conference Room, Ctty Hall Butldtng, on Tuesday, July 9, 2002, at 5 34 PM Counctl Members Present Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Council Members Absent None July 9, 2002 - 14- ITEM # 49918 Mayor Meyera E Oberndorf entertatned a motton to permtt Ctty Counctl to conduct tts CLOSED SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgmta, as amended, for the followmg purpose PERSONNEL MATTERS Dtscusston, constderatton or tntervtews of prospective candidates for employment, asstgnment, appomtment, promotion, performance, demotion, salartes, chsctphnmg, or restgnatton of spectfic pubhc officers, appomtees, or employees pursuant to Sectton 2 1-344 (A) (1) To Wtt Appotntments Boards and Commtsstons Development Authortty Hampton Roads Planmng Dtstrtct Commtsston Health Servtces Advtsory Commtsston Parks and Recreatton Commtsston Personnel Board Pubhc Ltbrary Board Revtew and Allocatton Commtttee Shore Drtve Advtsory Commtttee Soctal Services Board Ttdewater Transportatton Dtstrtct Commtsston PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the acqutsttton of real propertyfor a pubhc purpose, or of the chsposttton of pubhcly-held real property, where dtscusston tn an open meeting would adversely affect the bargammgposttton or negottattng strategy of the pubhc body pursuant to Sectton 2 1-344(A)(3). Sportsplex LEGAL MA TTERS Consultatton wtth legal counsel or briefings by staff members, consultants, or attorneys pertatntng to actual or probable httgatton, or other specific legal matters requtrmg the provision of legal advtce by counsel pursuant to Section 2 2- 3771(A)(7) Sportsplex Upon motton by Vtce Mayor Mandtgo, seconded by Counctlman Jones, Ctty Counctl voted to proceed tnto CLOSED SESSION. Vottng I I-0 Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None (5:34 P.M. - 6:10 P.M.) July 9, 2002 - 15- FORMAL SESSION VIRGINIA BEA CH CITY CO UNCIL July 9, 2oo2 6:00 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Counctl Chamber, Ctty Hall Butldtng, on Tuesday, July 9, 2002, at 6 10 P M Councd Members Present Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf dsm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Council Members Absent None INVOCATION Dr Dwtght Chrtstenbury Ftrst Presbytertan Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Oberndorf expressed apprectatton to Dr Chrtstenbury and hfs wife for e. ntertatntng the representattves of our &ster Ctty Bangor, Northen Ireland July 9, 2002 Item V-E. -16- CERTIFICATION OF CLOSED SESSION ITEM # 49919 Upon motton by Counctl Lady Wtlson, seconded by Council Lady Eure, Ctty Counczl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc bustness matters lawfully exempted from Open Meeting requtrements by Vtrgtnta law were cltscussed tn Closed Sesston to whtch thts certtficatton resolution apphes, AND, Only such pubhc bustness matters as were tdenttfied tn the motton convenmg the Closed Sesston were heard, dtscussed or constdered by Vtrgmta Beach Ctty Counctl Vottng 11-0 Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Richard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Council Members Absent None July 9, 2002 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 49918, page 14, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2 2-3711(A) of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. Rt~ Hod~es Smith, ~IMC City Clerk July 9, 2002 Item V-F. 1. -17- MINUTES ITEM # 49920 Upon motton by Counctl Lady Wtlson, seconded by Vtce Mayor Mandtgo, City Councd APPROVED the Mtnutes of the INFORMAL AND FORMAL SESSIONS of July 2, 2002 Counctlman Jones referenced the typographtcal error contatned wtthtn the Mmutes ITEM # 49900. MODIFICATION OF CONDITIONS placed on the apphcatton approved May 9, 2000, tn behalf of HALE BOA TEL INC., T/A SHORE DRIVE MARINE Thts ttem was not APPROVED "BY CONSENT". Vottng 1 I-0 Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None July 9, 2002 Item V-G.I. -18- ADOPT AGENDA FOR FORMAL SESSION ITEM # 49921 BY CONSENSUS, Ctty Counctl ADOPTED: AGENDA FOR THE FORMAL SESSION July 9, 2002 Item V-H. 1. - 19- BID OPENING ITEM # 49922 LEASE OF CITY OgVNED PROPERTY AT 2705 ELBOgV RO~4D RE ~4 CELL TOIFER AT STUMPY L4KE The Mayor advtsed "Pursuant to Vtrgtnta Code Sectton 15 32-2102, I wtll open the btds tn the matter of a lease ofa portton ofproperty owned by the Ctty of Vtrgtnta Beach and located at 2 705 Elbow Road, tn the Ctty of Chesapeake, for the purpose of matntatnmg and operatmg wtreless telecommumcattons facthttes The Purchastng Agent has recetved one btd Crown Castle GT Company, LLC submttted a btd by the adverttsed deadhne Are there any other btds? Not heartng or seeing any, the btddmg for the above menttoned lease ts hereby closed Mr Macah please summarize the btd(s) recetved" Deputy Ctty Attorney Macah advtsed "The btd from Crown Castle GT Company, LLC ts as follows Base Rent will be $100per year, tn addttton, Crown Castle wtll pay to the Ctty 50% of the gross revenues recetved from the use of the tower" "We do recommend the staff be gtven the opportuntty to revtew the btd Thts wtll be at a later date There wtll be a requirement of further Pubhc Hearmgs before any lease ts awarded" July 9, 2002 Item V-I. 1. 20- PUBLIC HEARING ITEM # 49923 Mayor Oberndorf DECL,4RED ,4 PUBLIC HE,4RING: LOC,4L L,4 W ENFORCEMENT BLOCK GRANT There betng no speakers, Mayor Oberndorf DECL,4RED ,4 PUBLIC HE,4RING ~luly 9, 2002 Item V4. ORDINANCES/RES OL UTION - 21 - ITEM # 49924 Upon motton by Vtce Mayor Mandtgo, seconded by Counctlman Jones, Ctty Counctl APPROVED IN ONE MOTION, Ordtnances/Resolutton 1 (DEFER), 2, 3, 4 and 5 of the CONSENT AGENDA. Item 1 was DEFERRED, BY CONSENT, until the City Counctl Sesston of August 6, 2002 The original Item 2 was MOVED to the PLANNING AGENDA as Item K. 4. (Ordinances AMENDING the City Zoning Ordinance) Vottng 11-0 (By Consent) Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None July 9, 2002 Item V-J. 1. ORDINANCES/RES OL UTION - 22 - ITEM # 49925 Upon motton by Vtce Mayor Man&go, seconded by Counctlman Jones, Ctty Council DEFERRED until the City Council Session of August 6, 2002: Ordtnance to AMEND 3%~ 21-424, 21-426 and 21-429 of the Ctty Code re fees and access trips for towtng of vehtcles from private property Vottng 11-0 (By Consent) Counctl Members Voting Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, dr, Mayor Meyera E Oberndorf, dtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and dames L Wood Counctl Members Vottng Nay None Counctl Members Absent None July 9, 2002 City of Vix-'ginia LESLIE L LILLEY CITY AT'rORNEY Councilmember Louis R. Jones 1008 Witch Point Trail Virginia Beach, VA 23455 August 8, 2002 MUNICIPAL CENTER BUILDING 1 240~ COURTHOUSE DRIVE VIRGINIA BEACH VA 23456-9004 (757) 427-4531 FAX (757) 426-5687 TDD (757) 427-4305 Dear Mr. Jones: At the Council's meeting of August 6, 2002 regarding the approval of the minutes of July 9, 2002, you raised certain questions regarding Item No. 49926. Specifically, you have indmated that the District 5- Lynnhaven designation in the caption was incorrect and you noted that the minutes have been corrected to ~ndmate D~strlct 4-Bays~de. Your inquiry to me was whether the attached ordinance and encroachment had been duly corrected in keeping ~vith the corrected caption. We have revie~ved this matter and determined that the attached ordinance and encroachment a~eement should not be changed. Both documents refer to a plat prepared on October 15, 2001 which references the property as being located ~n the Lynnhaven D~strict. While the reference on the plat is incorrect, the purpose for listing that designation both in the ordinance and encroachment agreement was to identify the plat as part of the legal descriptmn of the property. For the City Council's procedural references, the property is located ~n the Bayside District and the caption's reference has been noted accordingly However, the references in the ordinance and the encroachment a~eement must remain as recorded in order that the specific plat can be identified as a part of the legal descriptmn of the property. I trust th~s responsive to your questmns in this matter, and I request that a copy of this letter be placed with the minutes of the Council meeting of July 9, 2002 and the City Council meeting of August 6, 2002. Very truly yours, Leslie L. Lllley City Attorney LLL/awb Enclosures cc: Meyera E. Obemdorf, Mayor Members of City Council Ruth Hodges Smith, AAE/CMC Prmtd Ret'tbte)tt of the 100,s' U S Senate Medalhon of Frcellenre ft)r Prt)ducttvttv and (htahtv tn the Pubhc Sector Item V-d.2. - 23 - ORDINANCES/RES OL UTION ITEM # 49926 Upon motton by Vtce Mayor Man&go, seconded by Counctlman Jones, Ctty Counctl ADOPTED: Or&nance to AUTHORIZE a temporary encroachment tnto aportton of the Ctty's rtghts-of-way for ALBERT T., JR. and VICTORIA FISHER re wooden bulkhead/walkway/pter/boathfi at 2076 Tazewell Road. (DISTRICT 5 - L I%?~IIA VEN). DISTRICT 4 - BA YSIDE The followtng con&ttons shall be requtred 1 The temporary encroachment shall be constructed and matntatned tn accordance wtth the laws of the Commonwealth of Vtrgtma and the Ctty of Vtrgtnta Beach and tn accordance wtth the Ctty's spectficattons and approval as to stze, ahgnment and location 2 The temporary encroachment shall termtnate upon nottce by the Ctty to the apphcant and, wtthtn thtrty (30) days after such nottce ts gtven, the temporary encroachment must be removed from the encroachment area by the apphcant and the apphcant wtll bear all costs and expenses of such removal 3 The apphcant shall tndemntfy and hold harmless the Ctty, tts agents and employees from and agatnst all clatms, damages, losses and expenses, tnclu&ng reasonable attorney's fees tn case tt shall be necessary to file or defend an actton artsmg out of the locatton or extstence of the temporary encroachment Nothtng heretn contatned shall be construed to enlarge the permtsston and authortty to permtt the matntenance or constructton of any encroachment other than that specified heretn and to the hmtted extent spectfied heretn, nor to permtt the matntenance and constructton of any encroachment by anyone other than the apphcant 5 The apphcant agrees to matntatn the temporary encroachment so as not to become unstghtly or a hazard The apphcant shall obtatn and keep tn force all rtsk property tnsurance and general habthty or such tnsurance as ts deemed necessary by the Ctty, and all tnsurance pohctes must name the Ctty as ad&ttonal named tnsured or loss payee, as apphcable The apphcant must also carry comprehenstve general habthty tnsurance tn an amount not less than Ftve Hundred Thousand Dollars ($500,000), combtned stngle hmtts of such tnsurance pohcy or pohctes The apphcant must provtde endorsements provt&ng at least thtrty (30) days'wrttten nottce to the Ctty prtor to the cancellatton or termtnatton of or matertal change to, any of the tnsurance pohctes The apphcant assumes all responstbthttes and habthttes, vested or conttngent wtth relatton to the temporary encroachment July 9, 2002 Item V-J. 2. - 24 - ORDINANCES/RESOLUTION ITEM # 49926 (Continued) Votmg 11-0 (By ConsenO Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None July 9, 2002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE TWENTY-FIVE FOOT (25') UNIMPROVED RIGHT-OF-WAY OF LYNNHAVEN PROMENADE BY ALBERT T. FISHER, JR. AND VICTORIA FISHER, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, ALBERT T. FISHER, JR. and VICTORIA FISHER desire to construct and maintain a wooden bulkhead, a walkway, and a pier and boat lift into the City's 25' unimproved right-of-way known as Lynnhaven Promenade, located behind their Crab Creek condominium unit at 2076 Tazewell Road in the Ocean Park neighborhood. WHEREAS, City Council is authorized pursuant to §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize a temporary encroachment upon the City's right-of-way subject to such terms and conditions as Council may prescribe. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, ALBERT T. FISHER, JR. and VICTORIA FISHER, their heirs, assigns and successors in title, are authorized to construct and maintain a temporary encroachment for a wooden bulkhead, a walkway, and a pier and boat lift in the City's 25' unimproved right-of-way of Lynnhaven Promenade as shown on that certain plat entitled: "PROPOSED ENCROACHMENT BULKHEAD, WALKWAY, PIERAND BOAT DAVITS FOR ALBERT T. AND VICTORIA FISHER CRAB CREEK CONDOMINIUM, UNIT 2076 LYNNHAVEN DISTRCT [sic] VIRGINIA BEACH, VA (D.B. 2633, PG. 416) DATE: OCTOBER 15, 2001", a copy of which is on file in the Department of Public Works to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachment is expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and 37 38 39 40 41 42 43 44 45 46 ALBERT T. FISHER, JR. and VICTORIA FISHER (the "Agreement"), which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement. BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as ALBERT T. FISHER, JR. and VICTORIA FISHER and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of July , 2002. 47 48 49 50 CA#- TKENN\ENCROACH\FISHER.ORD R-1 PREPARED: 6/5/02 APPRI~-V~ED AS TO CONTENTS ~ SIGNATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AN D/,'FO~ CITY A"i=-T6 RN"'EY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811 (a)(3) AND 58.1-811 (c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this~J 57- day of ~ ~ 7 , 20~, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, the "City", Grantor, and ALBERT T. FISHER, JR. and VICTORIA FISHER, his wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, the "Grantee" (even if more than one). W I T N E S S E T H: WHEREAS, the Grantee is the owner of that certain lot, tract or parcel of land designated and described as Lot 4, Block 4, Plat of Ocean Park, Section A, M.B. 5, Pg. 69, and being further designated and described as 2076 Tazewell Road, Virginia Beach, VA 23455; and WHEREAS, it is proposed by the Grantee to construct and maintain a wooden bulkhead, a walkway, a pier and boat lift, a "Temporary Encroachment" in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City 25' unimproved right-of-way known as Lynnhaven Promenade, the "Encroachment Area", and the Grantee has requested that the City permit a Temporary Encroachment within the Encroachment Area. GPIN: 1489-58-6234-7260 NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee, and for the further consideration of One Dollar ($1.00) in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining a Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to- wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "PROPOSED ENCROACHMENT BULKHEAD, WALKWAY, PIER AND BOAT DAVITS FOR ALBERT T. AND VICTORIA FISHER CRAB CREEK CONDOMINIUM, UNIT 2076 LYNNHAVEN DISTRCT [sic] VIRGINIA BEACH, VA (D.B. 2633, PG. 416) DATE: OCTOBER 15, 2001", a copy of which is attached hereto as Exhibit "A" to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized shall terminate upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given the Temporary Encroachment must be removed from the Encroachment Area by the Grantee, and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and 2 expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability insurance, or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements as established by the City. It is further expressly understood and agreed that the Grantee must submit, for review and approval, a survey of the Encroachment Area certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment and, pending such removal, the City may charge the Grantee for the use of the Encroachment Area the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and, if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, ALBERT T. FISHER, JR. and VICTORIA FISHER, his wife, the said Grantee has caused this Agreement to be executed by their signatures and seals duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (SEAL) ATTEST. · CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager City Clerk Albert T. Fisher, Jr. /~ Victoria Fisher (SEAL) (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by , City Manager/Authorized Designee of the city Manager, on behalf of the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public CITY/COUNTY ~F V.~~ ~~ , to-wit: The foregoing instrument was acknowledged before me this ~¢ day of Mf~ , 20 O~- , by ALBERT T. FISHER, JR. and VICTORIA FISHER, his wife. Public My Commission Expires: r~'"'ROV-rD AS TO CONTEN'T C/~, ~, "- '~ . '~.~ . --- PF-.PART~EN I' CRAB CREEK --C_E 50' CHANNEL WEST EDGE OF CHANNEL PER CITY DREDGE PLANS BY WATERWAY SURVEYS, 10/16/00 °1 '"~"FLOOD~EBB --.,- I~ BU ProPOSED LKHEAD, WALKWAY I0 PIER AND DAVITS I i DAVITS TO BE CAPABLE OF r,,) LIFTING AND STORING BOAT L ~ , ~ OVER PIER. EXISTING PROiVlENAD~ 22' PIER~ CRAB CREEK N/F MICHAEL 14-89-58-6; _____! I / z.z. \L 2"--'-u-"-. 1 MLW-0.7' I ~ EA 5dE~d A= 586 36', L=25 12' I DELIVER AND INSTALL ALL MA~RIALS VIA BARGE. ~ ~ ' LOT 5 ~ ~ N/F RICHARD L. JOHNS ~ ~2o~a ~207~ ' 34-7270 ' "' "' ~ ~y~T ' " " ~[ ' i ~, ' u B. E 0 O~ 7736 SITE DATA CONDO 4, UNIT 2076 GPIN 1489-58-6234-7260 WATERFRONT CONSULTING, INC 1112 JENSEN DRIVE, STE. 206 VIRGINIA BEACH, VA 23451 PHONE' (757) 425-8244 FAX (757) 425-8244 PLAN VIEW SCALE 1" = 50' PROPOSED ENCROACHMENT BULKHEAD, WALKWAY, PIER AND BOAT DAVITS FOR ALBERT T. AND VICTORIA FISHER CRAB CREEK CONDOMINIUM, UNIT 2.076 LYNNHAVEN DISTRCT VIRGINIA BEACH, VA (D B. 2635 PG 416) DATE- OCTOBER 15, 2001 Looking South from Applicant's property Adjacent dock and boat (2072 Tazeweil Road) Applicant's property looking north Adjacent dock with boat (2030 Tazewell Road) T~ZEWELL RD LOCATION MAP SCALE: 1" -- 1,600' SHORE DR. / / / · · · / f --L LOCATION MAP FOR ENCROACHMENT FOR ALBERT T. & VICTORIA FISHER 2076 TAZEWELL ROAD SCALE: 1" ~ 100' PREPARED BY P/W ENG. DRAFT. 06-DEC-2001 Item V-d. 3. ORDINANCES/RESOL UTION - 25 - ITEM # 4992 7 Upon motion by Vtce Mayor Man&go, seconded by Councilman Jones, Ctty Counctl ADOPTED: Or&nances re School Reversion funds for various school projects FY2002-03 Capttal Budget Dtstance Learmng Eqmpment Human Resources/Payroll Operattons/acqutsttton of equtpment Instructton $ 200,000 $1,500,000 $ 515, 797 $ 400,000 Vottng 11-0 (By Consent) Councd Members Votmg Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Council Members Absent None July 9, 2002 10 11 12 13 14 15 16 17 18 19 20 21 22 AN ORDINANCE TO APPROPRIATE $400,000 IN FY 2001-02 VIRGINIA BEACH SCHOOL REVERSION FUNDS TO THE FY 2002-03 SCHOOL OPERATING FUND OPERATING BUDGET WHEREAS, on May 28, 2002, the School Board approved the FY 2002-03 Operating Budget which included a change in the teacher step salary scale and the open range scale; WHEREAS, the Board and Administration desire that all teachers whose current salary is below $32,500 receive, effective July 1, 2002, a portion of the salary increase effective January 1, 2003, that is sufficient to bring their salaries to $32,500; WHEREAS, the School Board has adopted a resolution recommending the necessary revisions to adjust its budget; and WHEREAS, it is estimated that there will be $13.14 million in unexpended 2001-02 revezsion funds and that sufficient funds will be available for teacher salary increases. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $400,000 in FY 2001-02 School Reversion Funds is hereby appropriated to the Instruction category of the FY 2002-03 School Operating Fund Operating Budget. 23 24 25 26 27 28 Adopted by the Council of the City of V~rginia Beach, Virginia on the 9th day of July , 2002. Requires an affirmative vote by a majority of the members of City Council. 29 30 31 32 33 34 35 36 37 CA-8549 Ordin/Noncode / School 400 kord. wpd R-1 June 25, 2002 APPROVED AS TO CONTENT ~anage~ent) 'services APPROVED AS TO LEGAL SUFFICIENCY~~ ~.~}~, City Attorney'~ Office 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 AN ORDINANCE TO RE-APPROPRIATE $2,215,797 IN FY 2000-01 VIRGINIA BEACH SCHOOL REVERSION FUNDS TO VARIOUS SCHOOL PROJECTS IN THE FY 2002-03 CAPITAL BUDGET WHEREAS, of a total amount of $10,926,451 in FY 2000-01 Virginia Beach Public School reversion funds, $2,215,797 has not been appropriated; and WHEREAS, by resolution dated June 25, 2002, the School Board formally requested the City Council to approve the appropriation of school reversion funds to the FY 2002-03 Capital Budget and School Operating Budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $2,215,797 at school reversion funds are hereby appropriated from the General Fund to the FY 2002-03 Capital Budget in the amounts and to the projects as set forth below: (a) $200,000 to CIP#I-011, Equipment and Vehicle Replacement, for Distance Learning Equipment for two Middle Schools; (b) $1,500,000 to CIP#1-237, City/School Human Resources/Payroll System, for completion of phase one of the Human Resources/Payroll project; and (c) $515,797 to CIP#1-211, Operating Budget Support, for acquisition of equipment related to school facilities, educational programs, and transportation. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of July , 2002. Requires an affirmative vote by a majority of the members of City Council. CA-8552 ordin/noncode/Revenue Sharing Schools.ord.wpd June 27, 2002 R2 Approved as to Content: .Managg~ent) SerVia-es ~ Approved as to Legal Sufficiency: City Attorne~ Offic~ Item V-J. 4. - 26- ORDINANCES/RES OL UTION ITEM # 49928 Upon motton by Vtce Mayor Mandtgo, seconded by Counctlman Jones, Ctty Counctl ADOPTED: Ordtnance to ACCEPT and APPROPRIATE a $22 7, 2 70 Local Law Enforcement Block Grant (LLEBG) from the Federal Bureau of Justtce Asststance and TRANSFER $25,252 as the Ctty's requtred matchtng funds Votmg 11-0 (By ConsenO Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Councd Members Absent None July 9, 2002 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $227,270 GRANT FROM THE FEDERAL BUREAU OF JUSTICE ASSISTANCE FOR VARIOUS LAW ENFORCEMENT PURPOSES AND TO TRANSFER $25,252 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES FOR GRANT MATCHES AS THE CITY'S REQUIRED MATCH 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 WHEREAS, the City has been awarded a Local Law Enforcement Block Grant in the amount of $227,270 from the Federal Bureau of Justice Assistance to reduce crime and improve public safety; WHEREAS, the conditions of the grant require the City to provide a cash match in the amount of $25,252; and WHEREAS, a public hearing on the proposed uses of this funding has been advertised and conducted. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That a $227,270 grant is hereby accepted from the Federal Bureau of Justice Assistance and appropriated to the FY 2002-03 Operating Budget, and $25,252 is hereby transferred from the General Fund Reserve for Contingencies for Grant Matches to the FY 2002-03 Operating Budget, to be expended as follows: (a) $8,434 to provide a digital document camera, monitor, LCD projector, interface cables, and a laptop computer for the Magistrate's Office. (b) $104,040 to purchase 40 additional radios for the Sheriff's Department to provide radios for all deputies prior to assuming their posts, and to provide back-up radios for radios being serviced. (c) $50,000 for the Police Department to build an "apartment building" street facade at the City's Creeds Training Facility for enhanced training capabilities. (d) $63,773 to purchase 18 radios for the Police Department, to provide additional coverage for special operations members and for the summer oceanfront needs. (e) $26,275 to provide clerical support to the Office of Community Corrections to meet the continuing need for data entry, and to assist with general clerical and receptionist duties. 39 40 2. That estimated revenue from the federal government is hereby increased by $227,270. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th of July , 2002. CA-8551 ordin/noncode/LLEGB2002.ord.wpd July 3, 2002 R4 APPROVED AS TO CONTENT: Ma~t S/~er~ices APPROVED AS TO LEGAL SUFFICIENCY: City Attorney'~ffice' Item V-J. 5. -27- ORDINANCES/RES OL UTION ITEM # 49929 Upon motton by Vtce Mayor Man&go, seconded by Councilman Jones, Ctty Councd ADOPTED: Resolutton to CONSENT to the ASSIGNMENT by Hampton Roads Mariners, L.L.C. of tts rtghts and obhgattons re jotnt use of the Sportsplex. Vottng 11-0 (By Consent) Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None July 9, 2002 A RESOLUTION TO CONSENT TO THE ASSIGNMENT BY HAMPTON ROADS MARINERS, L.L.C., OF ITS RIGHTS AND OBLIGATIONS UNDER JOINT USE AGREEMENT FOR THE SPORTSPLEX TO VIRGINIA BEACH MARINERS, INC. WHEREAS, the City of Virginia Beach Development Authority (the "Authority"), 9 and Hampton Roads Manners, L.L.C. ("HRM") are parties to a Joint Use Agreement dated as of 10 September 4, 2001 (the "Agreement"), providing for the joint use of the Virginia Beach Sportsplex 11 (the "Sportsplex"); 12 WHEREAS, in connection with the transfer of the management and ownership of the 13 Hampton Roads Mariners, a United Soccer League A-League men' s professional soccer team which 14 uses the Sportsplex for its home games, HRM desires to assign its rights and obligations under the 15 Agreement to Virginia Beach Mariners, Inc., a Virginia corporation ("VBM"), an entity owned and 16 controlled by Michael L. Field, Jr.; 17 WHEREAS, the Agreement requires the consent of the Authority and the City to any 18 assignment; and 19 WHEREAS, the City desires to consent to the assignment by HRM to VBM of all 20 rights and obligations of HRM under the Agreement, on certain terms and conditions. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 22 OF VIRGINIA BEACH: 23 The City hereby consents to the assignment of the Agreement from HRM to VBM, 24 subject to approval by the Virginia/Beach Development Authority of the assignment and subject to 25 the City Attorney's receipt, review and approval of all documents and information deemed necessary 26 by the City Attorney for such assignment, including, but not limited to: 27 A. 28 29 3O 31 B. 32 33 34 35 C. 36 37 38 D. 39 40 41 42 Execution and delivery by Michael L Field, Jr., of a Guaranty, in form and substance satisfactory to the City Attorney, guaranteeing the payment and performance of all obligations of VBM under the Agreement. Delivery of a letter of credit, in form and substance satisfactory to the City Attorney, as security for the timely payment and performance of all obhgations of VBM under the Agreement. Execution and delivery by HRM and Scott Goodman of a release and ~ndemnity, in form and substance satisfactory to the City Attorney. Evidence satisfactory to the Authority of the assignment of the USL A-League (the "League") men's professional soccer franchise to VBM and approval thereof by the League. 1 Adopted by the Council of the C~ty of Vlrg~ma Beach, Virglma, on the 9 th day of 2002 F XData\ATY\Ordm\NONCODE\Sportsplex res2 wpd July 3, 2002 R-1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CA-8571 APPROVED AS TO LEGAL SUFFICIENCY C~ty Attomey APPROVED AS TO CONTENT: Economic Item V-K. - 28 - PLANNING ITEM # 49930 1. BECO PROPERTIES, INC. VARIANCE CONDITIONAL USE 2. HARBOUR DEVELOPMENT CORPORATION, L.L.C. CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT VARIANCE 3. CA THOLIC DIOCESE OF RICHMOND STREET CLOSURE 4. CITYZONING ORDNANCE AMEND 3~103 re Admtmstrattve Vartances AMEND 3~221 re revtsmg procedures for revocation of Condtttonal Use Permtts ADD/AMEND 3~1611 1 re allowtng constructton/matntenance of bulkheads and other equtvalent structural tmprovements tn the Sandbrtdge Beach Subdtvtston AMEND defimtton of temporary commerctal parktng lots and estabhsh same as a prmctpal use tn the RT-1 and RT-2 Resort Tourtst Dtstrtcts July 9, 2002 Item V-K. - 29- PLANNING ITEM # 49931 Upon motton by Vtce Mayor Mandtgo, seconded by Counctlman Jones, Ctty Counctl APPROVED IN ONE MOTION stems 3 and 4 of the PLANNING BY CONSENT Item K. 4. (Ordinances AMENDING the City Zoning Ordinance) was MOVED from Ordinances/Resolution to the Planning Agenda. Vottng II-0 (By ConsenO Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None Counctl Lady McClanan voted a VERBAL NA Yon Item K 4 a/d (Ordinances AMENDING the City Zoning Ordinance re Administrative Variances and temporary commercial parking lots) July 9, 2002 Item V-d. 1. 30- PLANNING ITEM # 49932 The following spoke tn SUPPORT:: Attorney R E Bourdon, Phone 499-8971, represented the apphcant The Plan has been revtsed from 23 lots to 21, and thts has been recommended by the Planmng Commtsston as well as the Chesapeake Bay Preservatton Area Board The lots, (Hofhetmer horse farm), wtth the exceptton of the one located on the potnt wtll be 30, 000 square feet mtntmum size Attorney Bourdon &strtbuted tnformatton presented at the Aprtl 15'h meettng by members of the Ad Hoc Commtttee concerntng the request to ehmtnate lots 1, 19 & 21 Dr George Grtnnan, 4036 Brtdgehampton Ctrcle, restdent of Saw Pen Potnt, referenced the Ad Hoc Research and Presentatton Commtttee, charred by June Meyers and estabhshed by the Wttchduck Ctvtc League to revtew the proposed project Chuck Phmpton, 4045 Brtdgehampton Ctrcle, restdent of Saw Pen Potnt, advtsed he was one of the tndtvtduals members appotnted to the Ad Hoc Research and Presentatton Commtttee On June 6'h at a special meeting of the Ctvtc League, the proposal was revtewed and discussed at length The results of the vote to support the revtsed plan were unantmous The followtng regtstered tn OPPOSITION: Margareta MacGregor, 4216 Dougherty Court, Phone 464-1793, wtshed the netghborhood to remain one acre lots The Ctvtc League vote was not unantmous, but stmply reflected preference of Plan B over Plan A Robert MacGregor, 4216 Dougherty Court, Phone 464-1793, requests further dtscusston Ehzabeth Downes, 4221 North Wttchduck Road, Phone 464-1919, member of Ad Hoc Committee, restdes tn the R-40 "development area" and the Cay assured her the adjacent property would rematn R-40 Donna Ktrsch, 4357 North Wttchduck Road, Phone 490-2966 Anastasta Gordon, 4196 North Wttchduck Road, Phone 464-2598 Nrta Watterson, 4060 Rtchardson Road, Phone 460-0319, restdent for 33 years Wanda Reeves, 4304 North Wttchduck Road, Phone 460-7321, would prefer reductton to 20 lots Ctndy Walker, 4205 Doughterty Court, Phone 363-0492 June Myers, 4012 Richardson Road, Phone 464-2835, distributed a copy of the Minutes of the June ~ Wttchduck Ctvtc League meettng, letter stattng she ts the Chatr of the Ad Hoc Research and Presentatton Commtttee, the Spokesperson for the Wttchduck Ctvtc League and a statement regardtng Wttchduck Ctvtc League actton Satd tnformatton ts hereby made a part of the record The ehmtnat~on of one more lot was requested for an endorsement of the proposal Upon motion by Councilman Jones, seconded by Vice Mayor Mandtgo, City CounctI ADOPTED Ordmances upon apphcatton of BECO PROPERTIES, INC for a Vartance to Subdtvtston Ordtnance re two lots wtth tnsuffictent frontage on pubhc rtght-of-way and a Condtttonal Use Permtt Appeal to Dectstons of Admtmstrattve Officers tn regard to certatn elements of the Subdtvtston Ordtnance, Subdtvtston for Beco Properties, Inc, a Virginia corporatton Property ts located at the northwest tntersectton ofN Wttchduck Road and Wtshart Road (GPIN #1478-86-7576, #1478-86-3738) DISTRICT4 - BAYSIDE AND, July 9, 2002 Item V-J. 1. -31 - PLANNING ITEM # 49932 (Continued) ORDINANCE UPONAPPLICA TION OF BECO PROPER TIES, INC , A VIRGINIA CORPORA TIONFOR A CONDITIONAL USE PERMIT FOR OPEN SPACE PROMOTION R070231042 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon Apphcatton of Beco Properties, Inc, a Vtrgtnta corporatton for a Conchttonal Use Permit for open spacepromotton on certain property located at the northwest tntersectton of N Wttchduck Road and Wtshart Road (GPIN #14 78-86- 7576, #1478-86-3 738) Satd parcel contatns 28 6 acres DISTRICT 4 - BA YSIDE The following conditions shall be reqmred Trees along the perzmeter of North Wttchduck Road, Wtshart Road and the proposed cul-de-sac on N Wttchduck Road shall be Kwazan cherry or an approprtate holly tree In addttton to the trees hsted above, landscaptng shall be tnstalled wtthtn the proposed small horseshoe / cul-de-sac proposed off of North Wttchduck Road tn substanttal conformance to the plan entttled "Conceptual &te Layout Plan of Wttchduck Farms," prepared by MSA, PC, dated May 29, 2002 3 &dewalks, a mtmmum of five feet tn wtdth, shall be tnstalled along both stdes of the proposed cul-de-sac Lots 17 and 20 have mtntmum stde and front yard setbacks of no less than fifty (50)feet from any right-of-way Lots 17 and 20 shall be provtded access only from the cul-de-sac Lot 16 shall have a mtntmum stde and front yard setback of fifiy (50)feet from any rtght-of-way The home on Lot 16 shall be ortented as depicted on the site plan referenced tn Con&tton 2 5 There shall be no uncovered decks on the front or stde of any house Pedestrtan crosstngs connecting the stdewalks on etther stde of the proposed cul-de-sac on Wtshart Road and the cul-de-sac on N Wttchduck Road shall be of stamped concrete tn a red brtck destgn and color 7 All homes shall have brick extertor on the front, rear and stdes 8 All homes shall have side-loaded garages, except those on Lots 6 and 7 MODIFICATION TO CONDITION 1 REQUESTED BY WITCHDUCK CIVIC LEAGUE TO APPLICANT VIA FAX ON JUL Y 8, 2002. Trees along thepertmeter of North WttchduckRoad, Wtshart Road and theproposed cul-de-sac on N Wttchduck Road shall be ~"'~vazait~.,,~,-' ...... ,y --- ,,m,.r mtntmum of 2 to 2 ~ tnch cahper at the ttme of planttng and the selected spectes shall reflect those large trees hsted on page 49 of the Ctt_¥ of Vtrgtnta Beach Parking Lot and Foundatton Landscaptng Ordtnance booklet In addttton, thts requtrement shall be deptcted on the _final plans submttted to the Development Servtces Center July 9, 2002 Item V-J. 1. - 32 - PLANNING ITEM # 49932 (Continued) Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Ordtnance Adopted by the Councd of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Ntnth of July, Two Thousand Two Vottng 9-2 Councd Members Voting Aye Margaret L Eure, Louts R Jones, Rtchard A Maddox, Vtce Mayor Robert C Mandtgo, Jr, Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wtlson and James L Wood Councd Members Vottng Nay Reba S McClanan and Mayor Meyera E Oberndorf Councd Members Absent None July 9, 2002 - 33- Item V-d.2. PLANNING ITEM # 49933 The followtng spoke tn SUPPORT: Attorney R E Bourdon, Phone 499-8971, represented the apphcant re development of a 65 1 acre stte tnto 65 restdenttal lots (Vtctorta Park) The followtng regtstered tn OPPOSITION Bernard Byrne, 2728 Esplanade Court, Phone 430-0571, not consistent wtth the Comprehenstve Plan Tom Shearer, 1913 Claudia May Road, Phone 426-7831 ,lames A Ktncatd, 1545 Btrchwood Court, Phone 467-6782 Ttm Barrow, 1928 Thunderbtrd Drtve, Phone 427-2900 Jan Ehassen, 1472 Mill Landtng Road, Phone 426-7201 Chrts Carobtne, 1956 Munden Potnt Road, Phone 426-2462 George Constant, 110 82nd Street, Phone 422-2948 Upon motton by Councilman Reeve, seconded by Counctl Maddox, Ctty Counctl DEFERRED to AUGUST 13, 2002, Or&nances upon apphcattons of HARBOUR DEVELOPMENT CORPORATION for a Condtttonal Change of Zontng, Condtttonal Use Permtt and Vartance Appeal to dectston of Admtntstrattve Officers re certatn elements of the Subdtvtston Ordtnance, Sectton 4 4(b), that requtres all newly created lots meet the requtrements of the Ctty Zomng Ordtnance (CZO) ORDINANCE UPON APPLICATION OF HARBOUR DEVELOPMENT CORPORATION, L L C, A VIRGINIA LIMITED LIABILITY COMPANY, FOR A CHANGE OF ZONING DISTRICT CLASSIFICA TION FR OM A G- 1 AND A G-2 TO CONDITIONAL R-3 0 Ordtnance upon Apphcatton of Harbour Development Corporatton, L L C, a Vtrgtnta hmtted habthty company, for a Change of Zontng Dtstrtct Classt_ficatton from A G-1 and A G-2 Agrtcultural Dzstrtcts to Condttzonal R-30 Restdenttal District on certain property located on the south stde of N Landmg Road, west of West Neck Road (GPIN #1493-58-7581) The proposed zomng to Conditional R-30 ts for stngle famtly land use on lots no less than 30,000 square feet The Comprehenstve Plan recommends use of thts parcel for approprtate growth opportumttes, conststent wtth the economtc vttahty pohctes of Vtrgtma Beach Said property contatns 65 1 acres DISTRICT 7 - PRINCESS ANNE AND, ORDINANCE UPON APPLICATION OF HARBOUR DEVELOPMENT CORPORATION, L L C, A VIRGINIA LIMITED LIABILITY COMPANY, FOR A CONDITIONAL USE PERMIT FOR AN OPEN SPACE PROMOTION Or&nance upon Apphcatton of Harbour Development Corporatton, L L C, a Vtrgtnta hmtted habthty company, for a Condtttonal Use Permtt for an Open Space Promotton on certatn property located on the south side of N Landtng Road, west of West Neck Road (GPIN #1493-58-7581) Satd property contatns 65 1 acres DISTRICT 7 - PRINCESS ANNE Appeal to Dectstons of Admtntstrattve Officers tn regard to certatn elements of the Subdtvtston Ordtnance, Subdtvtston for Harbour Development Corporatton Property ss located on the south side of N Landtng Road, west of West Neck Road (GPIN #1493-58- 7581) Satd property contatns 65 1 acres DISTRICT 7 - PRINCESS ANNE July 9, 2002 Item V-J. 2. - 34- PLANNING ITEM # 49933 (Continued) Vottng 11-0 Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vice Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None Councilman Reeve announced he would hold his First Princess Anne District Forum in the City Council Chamber, July 23, 2002, at 6:00 P.M. July 9, 2002 Item V-d. 3. - 35 - PLANNING ITEM # 49934 Upon moaon by Vice Mayor Mandtgo, seconded by Counctlman Jones, City CounctI ADOPTED Ordinance upon apphcatton of CATHOLIC DIOCESE OF RICHMOND for dtsconttnuance, closure and abandonment of Arcttc Crescent Ordtnance upon apphcatto~t of Cathohc Dtocese of Rtchmond for the dtsconttnuance, closure and abandonment of a portton of Arctic Crescent begtnntng at the western boundary of l 4th Street and runmng westerly to the western boundary of Lot J Satd parcel contatn 5,3 73 square feet DISTRICT 6 - BEACH The followtng conchttons shall be reqmred The Ctty Attorneyls Office wall make the final determmatton regardzng ownershtp of the underlytngfee The apphcant shall de&cate certatn rtght-of-way to the Ctty for Arcttc Crescent as deptcted on the Exhtbtts filed wtth the apphcatton The net area of rtght-of-way being closed and vacated by the Ctty, tn excess of the area of rtght-of-way betng dedtcated to the Ctty by the apphcant will be purchased from the City The purchase price to be pard to the Ctty shall be determtned accor&ng to the "Pohcy Regardtng Purchase of City's Interest tn Streets Pursuant to Street Closures, "approved by Ctty Councd Coptes of the pohcy are avadable tn the Planmng Department The apphcant ts requtred to re-subdtvtde the property and vacate tnternal lot hnes to tncorporate the closed area into the adjotntngparcels Theplat must be submttted and approved for recordatton prtor to final street closure approval The apphcant ts requtred to construct a cul-de-sac at the new termtnus of Arcttc Crescent at the western boundary of Lot d, and at the new termtnus of Arcttc Crescent, Arcttc Circle and 14th Street at no cost to the Ctty of Vtrgtnta Beach A constructton plan must be approved and bonded through the Development Servtces Center of the Planmng Departmentprtor to recordation of the street closure plat The apphcant ts requtred to vertfy that no prtvate utthttes extst wtthtn the right-of-way proposed for closure Prehmtnary comments from the utthty compantes tn&cate that there are prtvate utthttes (Vtrgtma Power and Vtrgtnta Natural Gas) wtthtn the rtght-of-way proposed for closure If prtvate utthttes do extst, easements sattsfactory to the utthty company must be provtded The apphcant shall apply for and obtatn a conchttonal use pertmt for a church for thts area prior to recordatton of the street closure plat A 20-foot dratnage easement ts requtred along the northern portton of l 4th Street and Arcttc Crescent for the extsttng storm dratnage ptpe system A 20-foot Pubhc Utthty easement shall be dedtcated for each utthty located wtthtn the proposed street closures The extsttng utthttes are a 6 inch water main and 24 tnch gravtty samtary sewer July 9, 2002 Item V-J. 3. - 36- PLANNING ITEM # 49934 (Continued) 8 Closure of the rtght-of-way shall be conttngent upon comphance with the above stated conditions wtthtn 365 days of approval by Ctty Council If the condtttons noted above are not accomphshed and the final plat ss not approved wtthtn one year of the Ctty Counctl vote to close the rtght-of-way, thts approval shall be constdered null and votd Vottng 11-0 (By Consent) Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None July 9, 2002 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS ARCTIC CRESCENT AS SHOWN ON THAT CERTAIN PLAT ENTITLED' PLAT SHOWING PORTION OF ARCTIC CRESCENT TO BE CLOSED & VACATED BY CITY COUNCIL OF VIRGINIA BEACH WHEREAS, on July 9, 2002, the Catholic Diocese of Richmond apphed to the Council of the City of Vlrglma Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is thejudgment of the Council that smd street be discontinued, closed, and vacated, subject to certain conditions having been met on or before July 8, 2003; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Vlrglma Beach, Virginia, that the hereinafter described street be discontinued, closed and vacated, subject to certmn conditions being met on or before July 8, 2003: All that certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "AREA OF STREET CLOSURE, AREA OF CLOSURE - 5 373 SQ FT / 0/123 ACRES" shown as the cross-hatched area on that certain plat entitled: "PLAT SHOWING PORTION OF ARCTIC CRESCENT TO BE CLOSED & VACATED BY THE CITY COUNCIL OF VIRGINIA BEACH" Scale:l"=40', dated May 14, 2002, prepared by Gallup Surveyors & Engineers, Ltd, a copy of which is attached hereto as Exhibit A. GPIN: (Parcels adjacent to these portions of street) 2427-16-5054, 2427-16-4102, 2427-15-4865, 2427-15-5804 and 2427-15-5854 SECTION II The following conditions must be met on or before July 8, 2003: 1. The City Attorney' s Office will make the final determination regarding ownership of the underlying fee. The applicant shall dedicate certain right of way to the City for Arctic Crescent as depicted on the exhibits filed with the application. The net area of right of way being closed and vacated by the City, in excess of the area of right of way being dedicated to the City by the applicant will be purchased from the City. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Department. Copies of said policy are available in the Planning 2. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted and approved for recordation prior to final street closure approval. 3. The Applicant is required to construct a cul-de-sac at the new terminus of Arctic Crescent at the western boundary of Lot J, and at the new terminus of Arctic Crescent, Arctic Circle and 14th Street at no cost to the City of Virginia Beach. A construction plan must be approved and bonded through the Development Services Center of the Planning Department prior to recordation of the street closure. 4. The applicant is reqmred to verify that no private utilities exist within the right-of- way proposed for closure. Preliminary comments from the utility companies indicate that there are private utilities (Virginia Power and Virginia Natural Gas) within the right-of-way proposed for closure. If private utilities do exist, the applicant must provide easements satisfactory to the utility companies. 5. The applicant shall apply for and obtain a conditional use permit for a church for this area prior to recordation of the street closure plat. 6. A 20-foot drainage easement is required along the northern portion of 14th Street and Arctic Crescent for the existing storm drainage pipe system. 7. A 20-foot Public Utility easement shall be dedicated for each utility located within the proposed street closures. The existing utilities are a 6 inch water main and 24 inch gravity sanitary sewer. 8. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If all conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the roadway, this approval will be considered null and void. 2 SECTION III 1. If the preceding conditions are not fulfilled on or before Jul) 8, 2003, this Ordinance will be deemed null and void without further action by the City Council. 2. If all conditions are met on or before July 8, 2003, the date of final closure is the date the street closure ordinance is recorded by the City Attorney. SECTION IV 3. A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor." Adopted by the Council of the City of Virginia Beach, Virginia, on this 9th day of July, 2002. CA-8394 Date June 20, 2002 C \Documents and Sett~ngs\bdukekLocal Setnngs\Temp\ca8394 ord wpd APPROVED AS TO CONTENT Planning Department APPROVED AS TO LEG~FICIENCY C~ty Attorney III ) ) o i Item V-J. 4. a/d -37- PLANNING ITEM # 49935 Upon motton by Vtce Mayor Man&go, seconded by Counctlman Jones, Ctty Counctl ADOPTED Or&nances to change the Ctty Zomng Or&nance (CZO) AMEND {}103 re Admtmstrattve Variances AMEND the definttton of temporary commercial parking lots and estabhsh same as a prtnctpal use tn the RT-1, RT-2 and RT-3 Resort Tourtst Dtstrtcts Vottng 10-I (By Consent) Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay Reba S McClanan Counctl Members Absent None July 9, 2002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AN ORDINANCE TO AMEND SECTION 103 OF THE CITY ZONING ORDINANCE PERTAINING TO ADMINISTRATIVE VARIANCES SECTION AMENDED: ~ 103 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 103 of the City Zoning Ordinance is hereby amended and reordained to read as follows: Sec. 103. Administration. (a) The zoning administrator shall have all necessary authority on behalf of the city council to administer and enforce this ordinance, including the ordering in writing of the remedying of any condition found in violation of this ordinance, and the bringing of legal action to ensure compliance with this ordinance, including injunction, abatement or other appropriate action or proceeding authorized by this ordinance or the laws of this state. (b) Upon application, the zoning administrator may grant a variance up to twenty-five percent (25%) of the required amount from any building setback requirement contained in the zoning ordinance, if the administrator finds in writing that (i) the strict application of the ordinance would produce undue hardship; (ii) such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and (iii) the authorization of the variance will not be of substantial detriment 27 28 29 30 31 32 33 34 to adjacent property and the character of the zoning district will not be changed by the granting of the variance. Such application shall be accompanied by a fee of two hundred dollars ($200.00). Prior to the grantin~ of a variance, the zoning administrator shall give all adjoining property owners written notice of the request for variance, and an opportunity to respond to the request within twenty-one (21) days of the date of the notice. If any adjoining property owner objects to said request in writing within the time 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 specified above, the request shall be transferred to the Board of Zoning Appeals for decision. (b_c) The zcning administrator shall be responsible for determining whether applications for building permits as required by the building code are in accord with the requirements of the zoning ordinance, and no building permit shall be issued without certification that plans conform to applicable zoning regulations. (~_d) No permit for excavation or construction shall be issued before the zoning administrator certifies that the plans, specifications and intended use conform to the provisions of this ordinance. (~9) No person shall use or permit the use of any structure or premises or part thereof hereafter created, erected, changed, converted, enlarged, oz moved, wholly or partly, in use or structure, until a certificate of occupancy reflecting use, extent and location shall have been issued to the owner by the zoning administrator. (~_f) Such certificate shall show that the structure or use or both, or the affected parts thereof, are on conformity with the provisions of this ordinance, and the zoning administrator shall issue such certificate if he finds that all of the requirements of this ordinance have been met, and shall withhold such certificate unless all requirements of the ordinance have been met. (~) A temporary certificate of occupancy may be issued by the zoning administrator for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion if he finds that such occupancy, with such conditions and safeguards as he may establish as required by the circumstances of the particular case, will not endanger public health. The zoning administrator may reissue a temporary certificate of occupancy for an additional period not exceeding six (6) months, however, in no case shall occupancy be allowed to continue under a temporary certificate of occupancy for a period exceeding one (1) year. 2 68 69 70 71 72 73 74 75 76 (~) Applications for certificates of occupancy shall be accompanied by a fee of ten dollars ($10.00). (~) Upon written request and the payment of a fee of fifty dollars ($50.00), the zoning administrator shall issue a zoning verification letter indicating the zoning designation of a particular parcel or parcels of land as shown on the official zoning map. (~) The zoning administrator shall maintain records of all official actions of his office. 77 78 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 9th day of July, 2002. 79 8O 81 82 CA-7664 DATA/ODIN/PROPOSED/45-0103ord.wpd R4 May 21, 2002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 AN ORDINANCE TO AMEND THE CITY ZONING ORDINANCE PERTAINING TO A DEFINITION OF TEMPORARY COMMERCIAL PARKING LOTS AND ESTABLISHING TEMPORARY COMMERCIAL PARKING LOTS AS A PRINCIPAL USE IN THE RT-1, RT-2 AND RT-3 RESORT TOURIST DISTRICTS SECTIONS AMENDED: CZO §~ ]11, 1501 and 1511 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 111, 1501 and 1511 of the of the City Zoning Ordinance are hereby amended and reordained, to read as follows: Sec. 111. Definitions. For the purpose of this ordinance, words used in the present tense shall include the future; words used in the singular number include the plural and the plural the singular; the use of any gender shall be applicable to all genders; the word "shall" is mandatory; the word "may" is permissive; the word "land" includes only the area described as being above mean sea level; and the word "person" includes an individual, a partnership, association, or corporation. In addition, the following terms shall be defined as herein indicated: Parking lot, commercial, temporary. A commercial parking lot that operates for one (1) year or less. Sec. 1501. Use regulations. [RT-1 - Resort Tourist District] (a) Principal uses and structures' (7) Temporary commercial parking lots, provided that adjacent to any public right-of-way perimeter landscaping meeting the requirements of the City Code, Appendix C - Site Plan 35 36 37 Ordinance, Section 5A and the Public Works Specifications and Standards Manual shall be installed, and temporary surface treatment in accordance with the standards for 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 temporary parking lots in the Public Works Specifications and Standards Manual shall be allowed. SeQ. 1511. Use regulations. [RT-2 - Resort Tourist District] (a) Principal uses and structures' For parcels less than fourteen thousand (14,000) square feet in size, any one of the following is allowed; provided, however, that drive-through facilities shall not be permitted as a principal or accessory use- (17.5) Temporary commercial parking lots, provided that adjacent to any public right-of-way perimeter landscaping meeting the requirements of the City Code, Appendix C - Site Plan Ordinance, Section 5A and the Public Works Specifications and Standards Manual shall be installed, and temporary surface treatment in accordance with the standards for 53 54 55 temporary parking lots in the Public Works Specifications and Standards Manual shall be allowed. 56 57 58 59 60 61 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 9th day of July, 2002. CA-8459 wmm/ordres/commpkinglotordin.wpd R3 April 18, 2002 Item V-J. 4. b/c - 38- PLANNING ITEM # 49936 Upon motion by Vtce Mayor Man&go, seconded by Counctlman Jones, Ctty Counctl ADOPTED Or&nances to change the Ctty Zomng Or&nance (CZO) AMEND {}221 re revtstng procedures for revocatton of Condtttonal Use Permits (CUP) ADD/AMEND {}1611 1 re constructton/matntenance of bulkheads/other equivalent structural tmprovements tn the Sandbrtdge Beach Sub&vtston Vottng 11-0 (By Consent) Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Council Members Absent None July 9, 2002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 AN ORDINANCE REVISING THE PROCEDURAL REQUIREMENTS FOR REVOCATION OF CONDITIONAL USE PERMITS Section Amended: City Zoning Ordinance Section 221 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 221 of the City Zoning ordinance be, and hereby is, amended and reordained to read as follows: Sec. 221. Procedural requirements and general standards for conditional uses. (a) Application for conditional use permit. Any property owner, developer, optionee, prospective occupant, lessee, governmental official, department, board or bureau may file with the planning director an application for a conditional use permit, provided that the conditional use sought is permitted in the particular district; and provided further that in the case of other than the owner, the application is acknowledged by the owner of the property. The application shall be accompanied by a plan showing the actual dimensions and shape of the lot, the exact sizes and locations on the lot of existing buildings, if any, the general location of proposed buildings, if any, and the existing and proposed uses of structures and open areas; and by such additional information relating to topography, access, and surrounding land uses. (b) Fees. The application shall be accompanied by the following fees to cover the costs of processing the application and publication of the notice of public hearing: Six hundred twenty-eight dollars ($628.00) for all applications except~ (I) Those applications t~ submitted by a nonprofit organization or an application for a home occupation under section 234 of~ 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 -~ .... oning this ordinance The fee for ~ such applications shall be one hundred thirty dollars ($130.00). (c) Action by the planning director. The planning director shall study the application and shall confer with pertinent city agencies to determine whether the proposed conditional use conforms to the general purpose and intent of the comprehensive plan, any applicable regulations that have been adopted, and the requirements of this ordinance. Upon completion of such review, if the director shall determine that any proposal in the application does not meet the requirements of this ordinance, he shall reject the application and return it forthwith, with its accompanying fee, to the applicant. If the application does meet the requirements of this ordinance, the director shall transmit all the findings and recommendations of the city agencies to the planning commission. However, nothing herein shall prohibit the director from accepting a conditional use permit application if failure to meet the applicable requirements is due solely to area or dimensional insufficiency of the lot upon which it is proposed. Any appeal from the decision of the planning director may be made directly to the City Manager. (d) Action by the planning commission. After receiving the report of the director, with all pertinent related material, the planning commission shall give notice of and hold a public hearing in accordance with applicable provisions of Virginia Code Section 15.2-2204. Within forty-five (45) days after the hearing, the commission shall submit its recommendations to the city council through the planning director; provided, however, that upon mutual agreement between the commission and the applicant, such time may be extended. (e) Action by the city council. After receiving the recommendations of the city agencies and the planning commission, the city council shall hold a public hearing and act upon the proposed conditional use, granting the application in whole or in 2 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 part, with or without modifications, or denying it. In addition to the general or specific requirements set forth in this ordinance concerning the proposed use, which shall be considered minimum requirements with respect to the permit, additional requmrements, conditions and safeguards may be added by the city council as required for the protection of public interest in the specific case. ~-~ In any case where the area or dimensions of the subject site or existing structures on the site fail~ to meet the minimums established by this ordinance, the city council shall not approve such application unless it finds that conditions attached to its approval satisfactorily offset the negative effects inherent in the area or dimensional deficiency. (f) Rehearing the conditional use permit. ~ If the city council finds that there is public benefit to be gained by modifying a conditional use permit under consideration, and that significant public inconvenience would not result from consideration within one (1) year of the modified request, it may allow withdrawal of an application for a conditional use permit during public hearing; however, if the conditional use permit is denied by the city council, substantially the same application shall not be filed within one (1) year of denial. (g) tTerm of conditional use permit.~ Unless otherwise provided when a conditional use permit is issued, the applicant must show and bear evidence in good faith of his intention to proceed with the construction and use of the land. Construction shall begin or the use of the land for which a conditional use permit has been obtained shall commence within twelve (12) months from the date of issuance of said permit; otherwise, said permit shall be void. Prior to the ending of the twelve-month period, upon written request by the applicant to the planning director, the planning director, if he finds that the conditional use permit is still in compliance with all applicable ordinances and policies, shall extend the use permit for an additional six (6) months. If 3 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 the use permit has still not been activated at the end of that period, then upon written request by the applicant to the planning director, the planning director, if he finds that the conditional use permit is still in compliance with all applicable ordinances and policies, shall extend the use permit for an additional three (3) months. Ail conditional use permits not acted upon as set forth above shall become void twenty-one (21) months from date of issuance. Once the conditional use permit is activated by commencement of construction or use, then the general and speczfic conditions attached to the conditional use permit shall constitute additional zoning regulations and requirements for the site which to the extent of any conflict shall supersede the zoning district regulation. Notwithstanding anything in the zoning district regulations to the contrary, no uses other than those set forth in the conditional use permit and those uses accessory thereto shall be allowed on the site until (1) the conditional use is removed in its entirety from the site, or (2) the city council adopts an ordinance allowing modifications to the conditions or terminating the conditional use permit in whole or in part. Whenever construction or use in conjunction with a conditional use permit is abandoned or is not carried to completion with due diligence, the city council may by ordinance revoke the conditional use permit, in which case any further use or construction on the site shall be in conformance with the provisions of this ordinance effective at the time the further use or construction is initiated. Construction or use shall be deemed to have been initiated when any part of the structure, including foundation, has been put in place. (h) %Revocation of conditional use permit.~ If the provisions of this ordinance or the requirements of the conditional use permit are not met, the city council may revoke the conditional use permit provided that ten (I0) days written not~--~= i-o ~v=l-~---n to the applz~=~ and = publzc he=~ing zo ~=~ after notice and hearing as provided by Virginia Code Section 15.2-2204. 4 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 (i) Compliance with requirements. No conditional use permit shall be issued except upon a finding by the city council that the proposed use conforms to the requirements set forth in this ordinance or that any deficiencies of area or dimension are satisfactorily offset by attached conditions and that the proposed conditional use, together with the conditions attached, will be compatible with the neighborhood in which it is to be located, both in terms of existing land uses add conditions and in terms of proposed land uses and uses permitted by right in the area. Among matters to be considered in this connection are traffic flow and control; access to and circulation within the property; off-street parking and loading; refuse and service areas; utilities; screening and buffering; signs, yards and other open spaces; height, bulk and location of structures; location of proposed open space uses; hours and manner of operation; and noise, light, dust, odor, fumes and vibrations. (j) Conformity with adopted plans. The proposed conditional use shall be in accord with the purposes of the comprehensive plan and all the zouing regulations and other applicable regulations. (k) Administrative renewal of use permits. Ail use permits unless otherwise provided in specific instances by the city council, which are subject to time limitations may be reviewed and extended for like periods of time, after a determination by the director of planning that the continuation of the use permit would not be detrimental to the public health, safety, and welfare and that to continue the activity under the use permit would not cause public inconvenience, annoyance, disturbance or have an undue impact on the community or be incompatible with other uses of land in the particular zoning district. Among the matters to be considered in this connection, based in part upon a physical site review, are traffic flow and control; access to and circulation within the property; off-street parking and loading; refuse and 5 166 167 168 169 170 171 172 173 174 175 176 177 service areas; utilities; screening and buffering; signs, yards and other open spaces; height, bulk and location of structures; location of proposed open space uses; hours and manner of operation; and noise, light, dust, odor, fumes and vibrations. Any person aggrieved by the decision of the director of planning may, upon his request within thirty (30) days of the decision, with respect to the issue of approval or conditions attached to approval, have the matter reviewed by the planning commission and the city council after following the procedure set forth in section 221(a) of the zoning ordinance. This shall not be construed to limit the rights of any aggrieved person under section 221(h) of this ordinance. 178 179 180 Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of July, 2002. CA-8499 wmm\ordres \revokecupordin. wpd R-1 May 20, 2002 AN ORDINANCE ALLOWING THE CONSTRUCTION AND MAINTENANCE OF BULKHEADS AND OTHER EQUIVALENT STRUCTURAL IMPROVEMENTS ON CERTAIN PROPERTIES IN THE SANDBRIDGE BEACH SUBDIVISION Section Added- City Zoning Ordinance Section 1611.1 10 11 12 13 14 15 16 17 18 19 20 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Zoning Ordinance is hereby amended and reordained by the addition of a new Section 1611.1 thereto, pertaining to the construction and maintenance of bulkheads and other equivalent structural improvements on certain properties in the Sandbridge Beach Subdivision, to read as follows: ARTICLE 16. COASTAL PRIMARY SAND DUNE ORDINANCE Sec. 1611.1. Bulkheads, etc. in the Sandbridge Beach Subdivision. The Board shall make an ongoing determination in the Sandbridqe Beach Subdivision to determine which structures or 21 22 23 24 25 26 27 28 29 30 31 32 33 34 properties are in clear and imminent danqer from erosion and storm damage due to severe wave action or storm surqe, and the owners of such structures or properties shall not be prohibited from erecting and maintaininq protective bulkheads or other equivalent structural improvements of the type, size and configuration as approved by the Board. The Board shall not impose arbitrary or unreasonable conditions upon its approval of any such bulkhead or other structural improvement. The Board shall maintain a continuing responsibility to ensure that each bulkhead or structural improvement constructed under the authority of this section is maintained in a condition that is safe, structurally sound, and otherwise in conformity with the conditions imposed by the Board. Upon submission of an application to the Board pursuant to this section, as a requirement for approval, the applicant must consent 35 36 37 38 39 40 41 42 43 44 45 46 47 in writing to any subsequent construction approved by the Board whereby an adjacent property owner desires to tie in a bulkhead at no additional cost with the bulkhead proposed by the applicant. Such consent shall constitute a waiver of property line defenses relatinq to the bulkhead line· As used in this section, the "Sandbridge Beach Subdivision" means the area bounded on the north by Dam Neck Naval Base, on the west by Sandpiper Road, and on the south by Little Island Park. · · · , BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That the provisions of this section shall expire on January 1, 2006· 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of July, 2002. CA-8501 wmm\ ordre s \cpsdl 611- lordin, wpd R-1 May 21, 2002 Item V-L. 1. - 39- APPOINTMENTS. ITEM # 4993 7 BY CONSENSUS, City Counctl RESCHEDULED the followtng APPOINTMENTS: DEVELOPMENT AUTHORITY HEAL TH SER VICES AD VISOR Y BOARD PARKS AND RECREATION COMMISSION PERSONNEL BOARD PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE (COIG) SOCIAL SER VICES BOARD TIDEWATER TRANSPORTATION DISTRICT COMMISSION (TTDC) July 9, 2002 Item V-L. 2. - 40- APPOINTMENTS ITEM # 49938 Upon NOMINATION by Vtce Mayor Man&go, Ctty Counctl, APPOINTED: Peter W. Schmidt Two-year term 7/1/02 - 6/30/04 REAPPOINTED: Louis R. Jones Robert C. Mandigo, Jr. Meyera E. Oberndorf Two-year terms 7/1/02 - 6/30/04 HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC) Vottng 11-0 Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None July 9, 2002 - 41 - Item V-O ITEM # 49939 ADJOURNMENT Mayor Meyera E Oberndorf DECLARED the Ctty Counctl Meettng ADJOURNED at 9:08 P.M. Hooks, CMC Chtef Deputy Ctty Clerk Ctty Clerk Meyera E Oberndorf Mayor Ctty of Vtrgtnta Beach Vtrgtnta July 9, 2002