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MARCH 22, 2005 MINUTES CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DlEZEL, Kempsville - District 2 ROBERT M. DYER, Centerville - District I REBA S. McCLANAN, Rose Hall - District 3 mCHARDA. MUDDOX, Bearo-DWrid6 JIM REEVE, Princess Anne - District 7 PETER W. SCHMIDT, At-Large RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY MANAGER - JAMES K, SPORE CITY ATTORNEY - LESLIE 1. ULLEY CITY CLERK - RUTH HODGES SMITH, MMC I. CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 22 MARCH 2005 CITY MANAGER'S BRIEFING A. STRIVING FOR EXCELLENCE James K. Spore, City Manager II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CiTY HALL BUiLDiNG 2401 COURTHOUSE DRIVE VIRGiNiA BEACH, ViRGINIA 23456-8005 PHONE:(757) 427-4303 FAX (757) 426-5669 E-MAIL: Ctycncl@vbgov.com - Conference Room - 2:00PM. - Conference Room - 3:00PM V. FORMAL SESSION - Council Chamber - 6:00PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Mark Reuter Foundry United Methodist 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 March 8, 2005 G. MAYOR'S PRESENTATION 1. Resolution in Recognition of Steven T. Thompson, Chief Financial Officer H. PUBLIC HEARING 1. FY 2004-05 OPERATING BUDGET Supplemental FEMNVEMS Appropriation - Hurricane Isabel Cleanup 2. JOINT LAND USE STUDY (JLUS) I. AGENDA FOR FORMAL SESSION J. CONSENT AGENDA K. ORDINANCES/RESOLUTION 1. Ordinance to AMEND ~ 18-75 of the City Code for business licenses re the definition of "contracting ". 2. Resolution REQUESTING Governor Warner VETO Senate Bill 1054 re offshore natural gas surveying, exploration, development and production. 3. Ordinance to AUTHORIZE the City Manager to execute an agreement with the Virginia Department of Transportation (VDOT) for the widening of Volvo and Lynnhaven Parkways to four lanes with soundwalls between the Heald Way intersection and the City line. 4. Ordinance to RE-ESTABLISH parking fees at the Camp Pendleton Parking lot (Croatan). (DISTRICT 6 - BEACH) 5. Ordinance to AUTHORIZE a temporary encroachment into a portion of the right-of-way at 601 Sandbridge Road by JOHN W. and JEAN F. SIEBERT to maintain an existing identification sign for Siebert Realty. (DISTRICT 7 - PRINCESS ANNE) 6. Ordinance to ACCEPT $13,896,735 from the Federal Emergency Management Agency (FEMA), $3,817,906 from the Virginia Emergency Management; and, APPROPRIATE these funds plus an additional $2,468,839 from the 2004-05 operating budget to cover remaining costs not reimbursed from FEMA nor the State re cleanup from Hurricane Isabel. 7. Ordinance to TRANSFER $238,282 from the Sandbridge Fire and Rescue Station, $300,000 from the Thalia Fire and Rescue Station, $121,718 from the General Booth Fire and Rescue Station; and, APPROPRIATE $60,000 from the Fire Programs Special Revenue Fund to the First Landing Fire and Rescue Station re the construction of a fourth bay and a training tower . L. PLANNING 1. Application of RICHARD K. and LILLIAN M. BOLEN for the discontinuance. closure and abandonment of an unnamed, unimproved right-of-way on Ewell Road at Dunston Lane and Delray Drive to provide fee simple title to the centerline ofthe street with an adjacent neighbor. DISTRICT 4 - BA YSIDE RECOMMENDATION: APPROVAL 2. Application ofTIDEW ATER INSTITUTE OF SPORTS, L.L.c. for a Conditional Use Permit re a recreational facility of an outdoor nature (training and tournament facility for the Virginia Rush Soccer Club) at Harpers Road and Dam Neck Road. (DISTRICT 6 - BEACH) DEFERRED: RECOMMENDATION: March 8, 2005 APPROVAL 3. Application of UNION BAPTIST CHURCH to MODIFY a Conditional Use Permit (approved by City Council on October 17, 1995) to allow the church a three (3) story mezzanine building and expand the church at 4608 South Boulevard. DISTRICT 3 - ROSE HALL RECOMMENDATION: APPROVAL 4. Application of GENERAL RENTAL CENTER for a Conditional Use Permit re motor vehicle rental and bulk storage at 616 Village Drive. DISTRICT 6 - BEACH RECOMMENDANTION: APPROV AL 5. Application of JUDITH M. COFIELD for a Conditional Use Permit re a private residential kennel at 1349 Sycamore Road. DISTRICT 5 - L YNNHA VEN RECOMMENDATION: APPROVAL 6. Application of WEDGE WOOD ASSOCIATES, L.L.C., for a Change of Zoning District Classification from A-12 Apartment District to Conditional A-24 Apartment District with a PD-H2 Planned Development Overlay District on Bonney Road, Dolton Drive and Alicia Drive DISTRICT 2 - KEMPSVILLE RECOMMENDATION: DEFER TO APRIL 5, 2005 7. Application ofNELIN BROTHERS for a Change of Zoning District Classification from R-20 Residential District to Conditional 0-1 Office District at 2122 General Booth Boulevard. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: INDEFINITE DEFERRAL M. APPOINTMENTS Community Policy and Management Team - CSA At Risk Community Services Board Francis Land House Board of Governors Health Services Advisory Board Human Rights Commission Investment Partnership Advisory Committee Minority Business Council Open Space Subcommittee Parks and Recreation Commission Performing Arts Theatre Advisory Committee Personnel Board The Planning Council Towing Advisory Board N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT ** * * * * * * * * If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) *********** Agenda www.vbl!:ov.com 03/1712005\gw MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 22 March 2005 Mayor Meyera E. Oberndorf called to order the City Manager's Briefing re STRIVING FOR EXCELLENCE, in the Council Conference Room, City Hall, on Tuesday, March 22, 2005, at 2:00 PM, Council Members Present: Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None -2- CITY MANA GER 'S BRIEFING STRIVING FOR EXCELLENCE 2:00 P.M. ITEM # 53700 The City Manger presented the report entitled: Striving for Excellence, Virginia Beach: A Quality Government Organization. This report illustrates the nature and value of the organization's efforts to continually improve the City's processes, meet the challenges of the future and increase our capacity to deliver quality services valued by the citizens. The overall impact of these quality and productivity initiatives completed in 2004 are summarized in The Bottom Line. The combined efforts of departments and teams resulted in a savings of $722,719. Nature of Initiatives Service Enhancements through Improved Customer Service 123 Service Enhancements through Increased Productivity 70 Process Improvement 85 Technology Improvements Implemented 48 Financial Results Savings Costs Avoided New Revenue Generated New Grants Realized New Funds RaisedIDonations $ 722,719 $ 5,826,188 $ 1,252,133 $ 11,354,593 $ 483,900 Special Initiatives Pro-active lobbying for State and Federal funding for vital City activities: Contemporary Art Center of Virginia Hurricane Protection Project Law Enforcement Expenses (Muhammad Trial) Law Enforcement Technologies Portable Police Radios Hazardous Incident Robot Lynnhaven Inlet - Navigation Operations/Maintenance $ Lynnhaven River Basis for an Environmental $ Restoration Survey Paratransit Project $ Rudee Inlet - Navigation Operations and Maintenance $ Signalization Project $ Virginia Aquarium and Marine Science Center $ Virginia Beach Libraries $ $ 51,500 $ 2,294,000 $ 200,000 $ 410,000 200,000 300,000 200,000 1,180,000 500,000 200,000 267,668 The total amount of revenue received from grants is much higher. The grants depicted are only those realized in 2004. March 22, 2005 - 3 - CITY MANA GER 'S BRIEFING STRIVING FOR EXCELLENCE ITEM # 53700 (Continued) The City Manager displayed a ten-year comparison chart depicting 1995 - 2004: Annual Quality and Productivity Initiative Report TOTAL -10 -year period (1995 - 2004) Dollars Saved Costs Avoided Fund Raising Revenue Generated! New Revenue Potential Grants System Processes/ Technology Improvements Services Enhanced Volunteers Number Hours Value $ 46 -MILLION $ 39 -MILLION $ 5 -MILLION $ 22.8-MILLION $ 53 -MILLION 1,444 1,830 138,580 14.4-MILLION $158.5-MILLION The City has a long history of excellence in management of financial resources. However, a struggling economy, coupled with rising City expenditures, caused a significant gap between our local revenue growth and the cost to provide valuable services to citizens. Relative the decrease in savings realized in the last two (2) years, a new process has been initiated to adjust this discrepancy: E3 (Efficiency, Effectiveness and Excellence). The E3 initiative allows all members, volunteers and temporary staff the opportunity to participate. The City wishes to tap the creativity of every member, cultivate an environment supportive of creativity and innovation and achieve long-term fiscal sustainability. The City Manager cited an example of an avoided cost: equipping of new SWAT truck in-house, rather than contracting out. Approximately $30,000 was saved. The City Manager advised an Executive Summary of the Strivingfor Excellence Report is distributed to the media, other communities and organizations, March 22, 2005 -4- CITYCOUNCIL COMMENTS 2:20 P.M. ITEM # 53701 Mayor Oberndorf referenced the SHAMROCK MARATHON on Saturday, March 19, 2005, For the first time, this Marathon commenced at 3(fh and Atlantic heading north. Mayor Oberndorf launched the Marathon by blowing the horn. Against a sparkling clear sky, there were a host of participants (comprising three or four blocks). Many parents participated with their children in the "running" strollers. Councilman Schmidt advised the Marathon raised $10,000 for Special Olympics. ITEM # 53702 Councilman Reeve, Member - AICUZ Task Force Policy Committee, referenced the Joint Land Use Plan (JLUS) Public Information Forum at the Advanced Technology Center, Thursday, March 17, 2005, at 6:30 P.M. Council Members Maddox, Reeve, Captain Thomas Keeley - Commanding Officer, NAS Oceana, Robert Scott - Director of Planning and Deputy City Attorney William Macali constituted the Panel. Councilman Reeve expressed appreciation to Council Members Dyer and McClanan for attending. The majority of comments were received from land owners in the Transition Area who are concerned re the impact of the JL US proposal on the future use of their land. ITEM # 53703 Councilman Maddox referenced the discussion two (2) weeks ago re preparing a pie chart depicting the expenditure of the real estate tax to advise the citizenry these funds are not expended on additional resort projects or the Town Center. The City Manager referenced the City Manager's Presentation: Biennial 2005-2006/FY 2006-07 Operating Budget and FY 2005-2006/2010-1011 Capital Improvement Program during the SPECIAL FORMAL SESSION on Tuesday, March 29, 2005, at 6:00 P.M. Charts will be depicted during this session which should address these concerns. ITEM # 53704 Council Lady McClanan requested Deputy City Attorney Macali 's advice concerning the application of Adams Outdoor Advertising. Deputy City Attorney Macali advised Adams Outdoor Advertising has asked the Virginia Department of Transportation (VDOT) issue a trimming permit for certain trees and other vegetation, which are in the Virginia Beach Boulevard right-of-way between Rosemont Road and Lynnshores Drive. The original application actually was to "hack off" all but 4 feet of the crepe myrtle trees in the median as well as on the south side of Virginia Beach Boulevard. The City Attorney's office requested this permit not be issued. All facets of the State Law are being reviewed concerning trimming. Adams Outdoor Advertising has met with Deputy City Attorney MacaU, Edward Barnes - Landscape Services Administrator, and Roger Huff-City Arborist. Adams Outdoor Advertising wish to meet on-site and show the City's representatives their plan, They stated they were not interested in cutting off the crepe myrtles, just trim some of the bottom branches. Adams Outdoor Advertising will present a landscape plan, In the meantime, the Virginia Department of Transportation (VDOT) will not be issuing Adams Outdoor Advertising a permit for a certain amount of time. Adams Outdoor Advertising has been requested to write VDOT requesting a permit not be issued until concerns have been resolved with the City. Upon receipt of their landscape plan, the City Council will be briefed. As soon as foliage appears, Deputy City Attorney Macali advised photographs of the trees shall be made. March 22, 2005 -5- AGE N DA REV I E W S E S S ION 3:55 P.M. ITEM # 53705 K1. Ordinance to AMEND 9 18-75 of the City Code for business licenses re the definition of "contracting ". Councilman Reeve expressed concern and inquired if when an individual buys a home, does minor renovations and then sells same, are they to be labeled as a "contractor"? Councilman Wood requested additional information. Council Lady McClanan inquired re the number of individuals this amendment would affect. The City Attorney advised this Ordinance came from the Commissioner of Revenue's Office, but is also generated by the Attorney General's opinion and the rules of the State Commissioner on Taxation. The City Attorney will confer with Philip Kellam - Commissioner of Revenue and provide additional information. This item will be DEFERRED INDEFINITELY. ITEM # 53706 K2. Resolution requesting Governor Warner veto Senate Bill 1054 re offshore natural gas surveying, exploration, development and production. Mayor Oberndorf advised Senator Frank Wagner will be in attendance to speak, as well as Virginia Dominion Power, in opposition to the proposed Resolution. Councilman Villanueva advised Senator Wagner alluded to a time limit offifteen (I5) minutes in order to present his opinions. Councilman Villanueva requested Robert Matthias, Assistant to the City Manager and Legislative Liaison, along with the City's Lobbyist, advise City Council relative the status of the General Assembly Sessions. Mayor Oberndorf advised this is very important. Senator Wagner had mentioned on Talk Radio of his surprise City Council was unaware of his Senate Bill 1 054. He had assumed the City's representative had advised City Council. ITEM # 53707 K 4. Ordinance to RE-ESTABLISH parkingfees at the Camp Pendleton Parking lot (Croatan). (DISTRICT 6 - BEACH) Councilman Maddox distributed correspondence from David Jester, representing SA VE (Surfing Access for Everyone). This Ordinance is the culmination of 2-'l2 years of work to solve neighborhood problems in Croatan and at the same time allow increased access to the facilities and amenities of the Resort. The City has been negotiating with the surfing community since last Summer. Their requests were incorporated into this agreement. The City Manager advised concerning the reduced rate of $1.00 for Virginia Beach residents. A vehicle would qualifY if at least one person in the vehicle has a Virginia Beach Driver's License. This item will be discussed during the Formal Session to allow David Jester to speak in support, March 22, 2005 - 6- AGENDA RE VIE W SESSION ITEM # 53708 K.6. Ordinance to ACCEPT $13,896,735 from the Federal Emergency Management Agency (FEMA), $3,817,906 from the Virginia Emergency Management; and, APPROPRIATE these funds plus an additional $2,468,839 from the 2004-05 operating budget to cover remaining costs not reimbursedfrom FEMA nor the State re cleanup from Hurricane Isabel, Council Lady McClanan requested an outline re costs paid to out-of-state companies. The City Manager will provide the information. Art Shaw, Engineering - Public Works, now retired, assumed leadership in having the contracts in place prior to the emergency. This concept has become a model for the region. ITEM # 53709 K. 7. Ordinance to TRANSFER $238,282 from the Sandbridge Fire and Rescue Station, $300,000 from the Thalia Fire and Rescue Station, $121, 718 from the General Booth Fire and Rescue Station; and, APPROPRIATE $60,000 from the Fire Programs Special Revenue Fund to the First Landing Fire and Rescue Station re the construction of a fourth bay and a training tower. The City Manager advised Councilman Wood this funding from the Thalia Fire Station will be replaced in the next Operating Budget. Relative the "mold" issue in the Nimmo Fire Station, Charles Meyer, Chief Operating Officer, advised contractors had to make remedial changes. The funds remaining in the accounts were after the issues were corrected. Mr. Meyer advised the building will accommodate the Rescue Squad, should they decide to locate in this facility. The fourth bay is intended to be provided for that purpose. Mr. Meyer advised the original budget was approximately $3.8-MILLION The cost increase (approximately $236,000) for the core building, based on the original design, is attributable to length of time since the original estimate, increases in concrete and steel. Estimates have now been adjusted to include costs incurring with concrete and steel, so these overruns will not be incurred. A second expansion to the original scope includes the re-engineering of a "tower" facade (cost $60,000) originally designed to enhance the architectural motif of a seaside structure. The Fire Department desired to internally re-engineer this tower to accommodate high-rise and technical rescue training devices. At the present time, training of this type can only be accomplished at the Fire Training Center on Birdneck Road. The fourth bay entails a cost of approximately $300,000. These increases not only affect the building but also the cost of the pole and overhangfor a traffic light as well. The cost of the traffic light has increased $60, 000. Although not involved in this transfer, afuelingfacility at this site has been included, which would be available to the whole North End. These funds are being paid from the Public Works Motor Fuel Account. March 22, 2005 - 7 - AGENDA RE VIEW SESSION ITEM # 53710 Ordinance to establish a process for the preparation for the City's Operating Budget Councilman Schmidt distributed a proposed ADD-ON Ordinance. Councilman Schmidt had distributed this DRAFT Ordinance to the Mayor and City Council on March 8, 2005. Due to a miscommunication, this Ordinance was not included in today's City Council Agenda. Councilman Schmidt also distributed proposed amendments to the Ordinance (by Catheryn Whitesell, Director of Management Services). Councilman Schmidt has not reviewed these changes, but will do so prior to the Formal Session. Councilman Schmidt believed it important to make an affirmative statement to all of the citizens concerned re the process reflecting increasing real estate assessments, which does not mean this is a windfall for Municipal Government. The City Manger advised a Resource Process description has also been distributed and this is very similar to the suggestions of the Ordinance. ITEM # 53711 BY CONSENSUS, thefollowingshall compose the CONSENT AGENDA: ORDINANCES/RESOLUTION K1. Ordinance to AMEND 9 18-75 of the City Code for business licenses re the definition of "contracting n. K3. Ordinance to AUTHORIZE the City Manager to execute an agreement with the Virginia Department of Transportation (VDOT) for the widening of Volvo and Lynnhaven Parkways to four lanes with soundwalls between the Heald Way intersection and the City line. K.5. Ordinance to AUTHORIZE a temporary encroachment into a portion of the right-ol-way at 601 Sandbridge Road by JOHN W. and JEAN F. SIEBERT to maintain an existing identification sign for Siebert Realty. (DISTRICT 7 - PRINCESS ANNE) K6. Ordinance to ACCEPT $13,896,735 from the Federal Emergency Management Agency (FEMA), $3,817,906 from the Virginia Emergency Management; and, APPROPRIATE these funds plus an additional $2,468,839 from the 2004-05 operating budget to cover remaining costs not reimbursed from FEMA nor the State re cleanup from Hurricane Isabel. March 22, 2005 -8- AGENDA RE VIE W SESSION ITEM # 53711 (Continued) K. 7. Ordinance to TRANSFER $238,282from the Sandbridge Fire and Rescue Station, $300,000 from the Thalia Fire and Rescue Station, $121, 718 from the General Booth Fire and Rescue Station; and, APPROPRIATE $60,000 from the Fire Programs Special Revenue Fund to the First Landing Fire and Rescue Station re the construction of a fourth bay and a training tower. Item K.1. will be DEFERRED INDEFINITELY, BY CONSENT. March 22, 2005 -9- AGENDA RE VIE W SESSION ITEM # 53712 L.2. Application of TIDEWATER INSTITUTE OF SPORTS, L.L. C. for a Conditional Use Permit re a recreational facility of an outdoor nature (training and tournament facility for the Virginia Rush Soccer Club) at Harpers Road and Dam Neck Road. (DISTRICT 6 - BEACH) The City Clerk advised there is a 2-page, double spaced list of speakers registered in SUPPORT of the item. Councilman Maddox advised there are two (2) letters from the Department of the Navy in support of this application: Captain Thomas Keeley, USN, Commanding Officer - NAS Ocean a and Matthew D. Kurtz, Real Estate Contracting officer ITEM # 53713 L.6. Application of WEDGEWOOD ASSOCIATES, L.L.C., for a ChanJ!e of Zoning District Classification from A-12 Apartment District to Conditional A-24 Apartment District with a PD-H2 Planned Development Overlay District on Bonney Road, Dolton Drive and Alicia Drive DISTRICT 2 - KEMPSVILLE Modifications to the proffers were not submitted in a timely manner to meet the deadline established in the City Zoning Ordinance. Therefore, this application must be DEFERRED. Mayor Oberndorf advised citizens representing Empower Hampton Roads will be registering to speak relative Inclusionary Zoning. Council Lady McClanan questioned re discussions and correspondence, is Empower Hampton Roads suggesting this principle of Inclusionary Zoning be applied to this one developer. Deputy City Attorney William Macali advised Inclusionary Zoning refers to the income level of the occupants of the units. In a Conditional Zoning application, proffers have to be voluntary, Any particular form ofInclusionary Rezoning cannot be required in the proffers. Deputy City Attorney Macali advised the State enabling authority on Conditional Zoning is not likely to change to accommodate the requirement of making someone proffer a condition. There is a state statute which provides authority for affordable dwelling unit ordinances, However, this does not state the applicant must proffer any particular number of Inclusionary Zoning units. This detailed legislation contains very strict requirements. Andrew Friedman - Director, Housing and Neighborhood Preservation, advised density will be encouraged outside the AICUZzones. Affordable Worlforce Housing will not be combined with the Joint Land Use Plan. This is an entirely different use. Reviewing Inclusionary Zoning, with the assistance of the Planning Department, the staff is examining the Strategic Growth Areas identified in the Comprehensive Plan for density and more urbanization. Empower Hampton Roads is pushing Inclusionary Zoning as the solution, Commencing this Thursday, March 24,2005, the staffwill be meeting on a regular basis in conjunction with the City Attorney's office to compile information. A report shall be provided in May, At the present time, the definition of affordable housing begins at 120% of median income (below $70,000) based on family size. The Virginia Polytechnic Institute (VPI) study re housing stock (existing inventory, needs cost re income levels) has been delayed. This briefing will also be provided in May, March 22, 2005 -10 - AGENDA RE VIE W SESSION ITEM # 53713 (Continued) Council Lady Wilson advised the correspondence received indicates request for an increase in density to allow for the different income levels. Council Lady Wilson advised the housing study reflects the City has less than a 2% rental rate. Mayor Oberndorf referenced correspondence from Trailer City concerning the inhumane living conditions, i. e. sewerage draining on their land. Mr. Friedman advised the stajfhas conducted regular code enforcement for approximately two (2) years in Trailer City, All code violations are cited. Many trailers have been condemned and removed from the premises. If the water had not been restored, the City would have closed Trailer City. Trailer City has an incredible cascade of continuing problems. Housing and Neighborhood Preservation Inspectors are there on a continuing basis. Meetings with the residents have been negotiated to inform them re landlord tenant rights and methods to improve their credit record. This item will be DEFERRED, until the City Council Session of April 5, 2005. ITEM # 53714 L. 7. Application of NELIN BROTHERS for a Chanee of Zonine District Classification from R-20 Residential District to Conditional 0-1 Office District at 2122 General Booth Boulevard. DISTRICT 7 - PRINCESS ANNE After the Planning Commission's Public Hearing and action on this request, City stajf was notified by the property owner of unresolved legal issues between the property owner and applicant, who is a contract purchaser of the parcel. Those issues have a direct bearing on the application. This item shall be DEFERRED INDEFINITELY pending resolution of a legal dispute between the property owner and the applicantlcontract purchaser. ITEM # 53715 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: L.1. Application of RICHARD K. and LILLIAN M. BOLEN for the discontinuance. closure and abandonment of an unnamed, unimproved right-of-way on Ewell Road at Dunston Lane and Delray Drive to provide fee simple title to the centerline of the street with an adjacent neighbor. DISTRICT 4 - BAYSIDE L.2. Application ofTIDEWA TER INSTITUTE OF SPORTS, L.L.C. for a Conditional Use Permit re a recreational facility of an outdoor nature (training and tournament facility for the Vir,?inia Rush Soccer Club) at Harpers Road and Dam Neck Road. (DISTRICT 6 - BEACH) March 22, 2005 - 11 - AGE N DA REV IE W S E S S ION ITEM # 53715 (Continued) L.3. Application of UN ION BAPTIST CHURCH to MODIFY a Conditional Use Permit (approved by City Council on October 17, 1995) to allow the church a three (3) story mezzanine building and expand the church at 4608 South Boulevard. DISTRICT 3 - ROSE HALL LA. Application of GENERAL RENTAL CENTER for a Conditional Use Permit re motor vehicle rental and bulk storage at 616 Village Drive, DISTRICT 6 - BEACH L. 5. Application of JUDITH M. COFIELD for a Conditional Use Permit re a private residential kennel at 1349 Sycamore Road. DISTRICT 5 - LYNNHA VEN Council Lady McClanan will vote NAY on Item K.5. (Cofield) March 22, 2005 - 12- ITEM # 53716 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344( A), Code of Virginia, as amended,for the following purpose: PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A) (1). To Wit: Appointments: Boards and Commissions: Community Policy and Management Team - CSA At Risk Community Services Board Francis Land House Board of Governors Health Services Advisory Board Human Rights Commission Investment Partnership Advisory Committee - PPEA Minority Business Council Open Space Committee Parks and Recreation Commission Performing Arts Theatre Advisory Committee Personnel Board The Planning Council Towing Advisory Board PUBLICLY-HELD PROPERTY' Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.2-371 1 (A)(3) , Acquisition/Disposition of Property: Princess Anne District L ynnhaven District Bayside District LEGAL MA TTERS: Consultation with legal counselor briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-3711 (A)(7). Jonathan W. Walker v. Paul Terhune and Matthew Greenlee PUBLIC CONTRACT: Discussion or consideration by a responsible public entity or an affected local jurisdiction, as those terms are defined in Section 56-557, of confidential proprietary records excludedfrom this chapter pursuant to Section 2.2- 3705.6(11) AND Discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body. Patriotic Festival March 22, 2005 - 13- ITEM # 53716 (Continued) Upon motion by Councilman Wood, seconded by Councilman Schmidt, City Council voted to proceed into CLOSED SESSION (3:25 P.M.). Voting: 9-0 Council Members Voting Aye: Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel and Rosemary Wilson Councilman Wood left at 5:20 P.M. to enjoy a family commitment (daughter participating in a play at L ynnhaven Middle School) (Closed Session: 3:25 P.M. - 6:06 P.M.) (Break: 3:30 P.M. - 3:45 P.M.) (Dinner: 5:50 P.M. - 6:06 P.M.) March 22, 2005 -14 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL March 22, 2005 6:07 P.M. Mayor Meyera E. Oberndorfcalled to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, March 22, 2005, at 6:07 P.M. Council Members Present: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Absent: James L. Wood [Left at 5:20 P.M. due to family commitment - daughter participating in a play at L ynnhaven Middle School] INVOCATION: Thomas H Britton Pastor, Retired PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accountingfirm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions, However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identijj;ing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare andfile the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identijj;ing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes ths disclosure. Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record. March 22, 2005 -15 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM# 53717 Upon motion by Councilman Dyer, seconded by Councilman Reeve, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt and Ron A. Villanueva Council Members Voting Nay: None Council Members Absent: Rosemary Wilson and James L. Wood March 22, 2005 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 # 53716, page 12, 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. ~- City Clerk March 22,2005 - 16- Item V-F. 1. MINUTES ITEM # 53718 Upon motion by Councilman Reeve, seconded by Councilman Dyer, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of March 8, 2005. Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood March 22, 2005 - 17 - Item V-G. 1. MAYOR'S PRESENTATION ITEM # 53719 Mayor Oberndorf PRESENTED: RESOLUTION IN RECOGNITION to STEVEN T. THOMPSON CHIEF FINANCIAL OFFICER The following registered to express appreciation to Steven Thompson: Brian Kirwin, 304 Cripple Creek Court, Phone: 463-0399 Reid Greenmun, 2621 Sandpiper Road, Phone: 426-5589 Mayor Oberndorf read the Resolution in Recognition of Steven T. Thompson, who became Chief Financial Officer of the City of Virginia Beach on July 1, 2000, and was tasked with shepherding and developing a number of major projects. During his tenure, the financial and development departments have been recognized for tremendous achievement, many on a national level. Steve is resigning as Chief Financial Officer, effective March 31, 2005, to pursue a position as City Manager for another vibrant and growing city where his administrative talents and financial savry will be put to good use. Steven Thompson was honored to work with the Mayor and City Council. Mr. Thompson expressed appreciation to the Mayor, City Council and the City Manager with his team for leadership. March 22, 2005 tsulutinu WHEREAS: Steven T. Thompson became Chief Financial Officer of the City of Virginia Beach on July 1, 2000, and was tasked with shepherding and developing a number of major projects; WHEREAS: During his tenure the financial and development departments have beenrecognizedfor tremendous achievement, many on a national level; WHEREAS: Steve has helped lead and develop many major projects, some of which are now approved and underway, including development and construction of an exciting $300-Million urban center, a $203-Million convention center, a $50-Million performing arts theatre and many supporting projects and partnerships; WHEREAS' The new ball fields, the health complex at Princess Anne Commons, the LifeNet facility, and the Resort Area corridor studies are projects that Steve has helped to launch and that will soon come to fruition; and, WHEREAS: Steve is resigning as Chief Financial Officer, effective March 31, 2005, to pursue a position as City Manager for another vibrant and growing city where his considerable administrative talents andfinancialsavvy will be put to good use. NOW, THEREFORE, BE IT RESOLVED: That the City Council is most grateful for the service Steven T. Thompson has provided to the citizens of the City of Virginia Beach; for his leadership and friendship and wish him well in his future endeavors. Vice . Jones, Bayside cd4 ! g - 18- Item V-HI. PUBLIC HEARING ITEM # 53720 Mayor Oberndorf DECLARED a PUBLIC HEARING: FY 2004-05 OPERATING BUDGET Supplemental FEMA/VEMS Appropriation - Hurricane Isabel Cleanup There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. March 22, 2005 - 19- Item V-H.2. PUBLIC HEARING ITEM # 53721 Mayor Oberndorf DECLARED a PUBLIC HEARING: JOINT LAND USE STUDY (JLUS) The following registered to speak: Reid Greenum, 2621 Sandpiper Road, Phone; 426-5589, advised Oceana is an asset and the Number One priority should be to adhere to the o.PNA V Instructions. Hal Levinson, 2004 Brickell Court, Phone: 496-0745, resignedfrom CCAJN (Concerned Citizens Against Jet Noise) approximately four (4) months ago, if the City chooses not to adhere to the OPNAV Instructions with realignment, there would be no high noise zone in the City. Ken Johnson, 4412 Reynolds Drive, Phone: 639-4968, stated the City and Navy have yet to establish an acceptable working plan for growth and development. Jet noise, accident risk and air pollution are serious threats to health, safety and the quality of life, which should be held in the highest regard. CCAJN believes an accreditable assessment of the pros and cons of a base realignment by City Council would be extremely prudent. William Chaplain, 913 Virginia Beach Boulevard, represented Colony Mobile Home Park, Phone: 418-3222 is the owner of undeveloped land near the Resort Area. The Navy's primary position is to protect the citizens' property rights, not take them away. Sarah W. Rhodes, 1133 Carver Avenue, Phone: 963-6535, resident of Morgan Terrace portion of Seatack which is affected by Resort development, encroachment by Oceana and the future Southeastern Expressway. Ms. Rhodes requested a moratorium on wetlands development and in the revised JLUS guidelines every effort should be made to preserve every tree and natural space. Gordon Huey, 154 Pinewood Road, Phone: 425-8798, spoke in support of the Joint Land Use Study (JLUS) and high end "year round" retail shopping in the Resort Area, Betty Turner, 3001 Fawkes Court, Phone; 368-5702, will submit proposals for the sound abatement in the 70Ldn and above noise zones surrounding Oceana Naval Air Base. Said statements are hereby made a part of the record. Charles Brockett, 4515 Miarfield Arc, Chesapeake, Phone: 686-9532, property owner in the Transition Area, opposed to the JL US concerning the ratio of building homes in the Transition area. Bobby Rountree, 1750 Tomcat Boulevard, Phone: 433-2553, NAS Oceana Department Director - AICUZ Member - JLUS Policy Committee andformer active duty Aviator, Mr. Rountree recommended City Council adopt the JLUS recommendation, which commenced as Point 14 or the original twenty-four (24) points to actively pursue the purchase of impacted properties in the >65 DNL area of the Transition Area for open space. Said statement is hereby made a part of the record. There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. March 22, 2005 - 20- Item V-I. ADOPT A GENDA FOR FORMAL SESSION ITEM # 53722 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION ADD-ON Ordinance to establish a process for the preparation for the City's Operating Budget March 22, 2005 - 21 - Item V-I.2. ADD-ON ITEM # 53723 Upon motion by Councilman Schmidt, seconded by Councilman Reeve, City Council ADDED to the City Council Agenda: Ordinance to establish a process for the preparation for the City's Operating Budget (Requested by Councilman Schmidt) Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. OberndorJ, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood March 22, 2005 - 22- Item V-K. ORDINANCES/RESOLUTION ITEM # 53724 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED IN ONE MOTION Items 1 (DEFERRED INDEFINITELY), 3, 5, 6 and 7 of the CONSENT AGENDA. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood March 22, 2005 - 23- Item V-K.1. ORDINANCES/RESOLUTION ITEM # 53725 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council DEFERRED INDEFINITELY: Ordinance to AMEND 9 18-75 of the City Code for business licenses re the definition of "contracting ". Voting: 1 0-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood March 22, 2005 - 24- Item V-K.2. ORDINANCESIRESOLUTION ITEM # 53726 The following registered in SUPPORT of the Resolution: Michael Town, Director - Sierra Club, Virginia Chapter, 6 North (Jh Street, Suite 102, Richmond, advised the federal State Enhanced Authority for Coastal and Offshore Resources Act (SEA COR) is just a concept and what the ramifications of this legislation will be, if any, on Virginia Beach, our coast, or the nation's coast are not known. Mr. Towne distributed a position paper "Save us from offshore drilling ", which is hereby made a part of the record. United States Senators Elizabeth Dole and Richard Burr (North Carolina), Lincoln Chafee (Rhode Island) and Olympia Stowe and Susan Collins (Maine) recently signed a letter with a number of Democrats to the Senate Energy Committee Chair opposing off-shore drilling. Information relative a spill off Canada will be furnished. Nancy Perry, Executive Director - Virginia Beach Hotel/Motel Association, Vice President - Virginia Hospitality and Travel Association's lodging component. The Virginia Beach Hotel/Motel Association only became aware of this issue and has attempted to gather information and speak with others in the tourist industry (Restaurant Association, Resort Advisory Commission, Resort Retailers Association) re their understanding of Senate Bill 1 054. None of these groups have been briefed in any detail regarding this issue. Based on the lack of industry discussion related to offshore drilling, the Virginia Beach Hotel/ Motel Association Board supports the Resolution requesting Governor Warner VETO Senate Bill 1 054 re offshore natural gas. An issue of this magnitude deserves more discussion and information sharing. Fred Adams, representing the local Sierra Club composed of 1300 members, 1543 Edgewater Drive, Phone: 467-2775. Mr. Adams has heard the majority of the reserves are beyond 40 miles off of the coast and, therefore, royalties of Virginia would be small. The distance of 300-miles was mentioned as a potential part of SEACOR. In view of these developments, the position of the Sierra Club is to endorse the Resolution requesting the Governor VETO the Senate Bill 1 054. A very thorough study should be conducted. The United States has a 300-year supply of coal. The President's energy program envisions one hundred (100) additional nuclear power plants and Virginia could be the beneficiary of the first two (2), Michael Stewart, 318-B 2(Jh Street, Phone; 438-1307, Vice Chair - Surf Rider Foundation, a twenty-year environmental agency, dedicated to protecting the coastline. Mr. Stewart is concerned re the impacts of offshore drilling on the near shore, specifically the pipeline and the infrastructure which will have to be built to transport the Natural Gas from the drilling platforms to the shoreline based refining facilities. The following registered advising they are awaiting the decision of Governor Warner re the House Bill 1 054. A. Patrice Harris, Regional Representative - Senator George Allen, Hampton Roads Office, 222 Central Park Avenue, Suite 120. Senator Allen has spoken with Governor Warner and is interested in this issue and the decision made by the Governor. Governor Allen is working with the Chairman of the Energy Subcommittee, Senator Alexander, to review different proposals and ideas concerning the best approach to the issue of exploration in a manner that protects tourism and the Coastal View Shed (our line of sight), while protecting manufacturingjobs of many Virginians. Ms. Harris will be pleased to refer any questions of the Mayor and City Council to Senator Allen and his staff, who have extensively researched this issue. March 22, 2005 - 25 - Item V-K.2. ORDINANCES/RESOLUTION ITEM # 53726 (Continued) The following registered in OPPOSITION to the Resolution: Senator Frank Wagner, General Assembly Building, Room 312, Richmond, Virginia, advised he Chairs a Joint Commission on the needs of manufacturing. Approximately 70,000 manufacturing positions in the Commonwealth of Virginia were lost over the last jive (5) years. It was believed imperative to form a commission of Senators and Delegates to investigate the rationale for this loss and improve the manufacturing atmosphere within Virginia. There is a manufacturing recession across the nation, One of issues was the cost of commodities. The high cost of natural gas is a specific issue. The Stihl Manufacturing plant operates very large heat treating ovens, which operate entirely on natural gas. Representatives from Washington, D. C. explained the potential natural gas reserves around the nation. The United States Secretary of Interior's report, a study indicates a conservative estimate of 30- TRILLION cubic feet of natural gas available off the Eastern Seaboard of the United States. Canada has been recovering natural gas offshore in the Atlantic Basin off Nova Scotia in the amount of550-MILLION cubic feet per day. This supplies much of Canada's needs and the United States also buys much of this gas from Canada. Senate Bill 1054, Senator Wagner - Chief Patron, was presented on thejirst day of the General Assembly Session. The House Rules Committee amended this Bill substantially. The Senate adopted the Amendment. This Bill is awaiting the Governor's action. Senate Bill 1 054 directs the Virginia Liaison Office to work with the Virginia Congressional Delegation and federal executive agencies to develop, support and enact federal legislation or take appropriate federal executive action in support of the proposed federal State Enhanced Authority for Coastal and Offshore Resources Act (SEA COR), or similar legislation. This federal legislation is intended to allow for state-by-state exemption to a national moratorium that expires in 2012 for any surveying, exploration, development or production of potential natural gas deposits that are under federal jurisdiction outside a State's territorial sea limit. Virginia Beach's control ends at the mean low water mark. The State control ends at three (3) miles and the Federal Government controls the remainder offshore to the continental shelf. The SEACOR law, as proposed, would give the State total control to twelve (12) miles from the coast and with VETO power out toforty (40) to sixty (60) miles. The proximity zone impact sharing should provide approximately $l-BILLION to Virginia, two-thirds to the State and one-third to the Coastal governments. Virginia should also receive, as part of its Outer Continental Shelf(OCS) revenue sharing, a total of$1.3-BILLION,for a totalof$2.3-BILLION 50% of this available for one-to-one matching for additional OCS revenues for spending on any federally authorized environmental project or determined by energy related infrastructure, such as ports, highways, sewers and water projects. This would be a new source of revenue to the Commonwealth that does not involve any fundingfrom the taxpayers. These are conservative estimates. The safety record of offshore platforms is commendable. There has not been a significant spill in twenty-jive years from an oil platform, The agricultural industry is tied to natural gas. It is dependent to diversifY the economy off the Defense Industry. Off-shore exploration for natural gas would incur an estimated 350-BILLION feet per year of natural gas. Bruce McKay, Manager of Federal Policy for Natural Gas -Dominion Resources, 11305 Coroban Lane, Great Falls, Virginia 22066, Phone: 703450-5940. Dominion is one of the top ten (10) producers of natural gas in the United States. Dominion produces onshore and extensively offshore in the Gulf of Mexico. United States' demand for natural gas is expected to grow by a third by 2025. The National Petroleum Council, an Advisory body to the Secretary of Energy in Washington estimated in 2003 the lower 48 states and Canada will have the ability to produce about 75% of our Natural Gas needs between now and 2025. Hank Linginfelter, 2277 Souverain Lane, Phone: 466-5401, President - Virginia Natural Gas, serves approximately 1/4-MILLION residences and businesses in Virginia and about 70,000 homes and businesses in the City of Virginia Beach. Virginia Natural Gas is struggling to meet the needs of the customers. A $28-MILLION Propane facility is being constructed in Chesapeake to supply "peak" day needs for customers. The supply of Natural Gas off the coast of Virginia and other states is one of the best options for low cost alternatives. March 22, 2005 - 26- Item V-K.2. ORDINANCES/RESOLUTION ITEM # 53726 The following registered in OPPOSITION to the Resolution (Continued): Al Wallace, 4601 Chippendale Court, Phone: 497-2187, stated as a result of the oil crises, the citizens can no longer rest on environmental protections which have precluded access to oil and gas reserves in and around the United States. Offshore drilling has now become a viable option to consider. Reid Greenmun, 2621 Sandpiper Road, Phone: 426-5589, resident of Sand bridge Beach believes Virginia should be the leader in this initiative of offshore drilling. Jerrold Miller, 1242 North Lynnhaven Road, Phone: 481-6625, Chairman - Virginia Ship Repair Association (representing 180 companies, encompassing 45,000 employees in the Hampton Roads Area). The Association unanimously supports Senate Bill 1054. Mr. Miller has nine hundred (900) employees in his ship repair company and is distressed relative the cost of energy Captain Claude R. Thompson, 1136 Rollingwood Arch, Phone: 495-0269, graduate of Coast Guard Academy. While stationed in the Gulf of Mexico did research on liquified natural gas. Of all the products, Natural Gas is probably the safest. With the number of shipbuilders, naval architects and engineering firms, there is no doubt this program of offshore drilling can be conducted. A MOTION was made by Councilman Schmidt, seconded by Council Lady McClanan to ADOPT a Resolution REQUESTING Governor Warner VETO Senate Bill1054 re offshore natural gas surveying, exploration, development and production. Upon SUBSTITUTE MOTION by Councilman Villanueva, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY: Resolution REQUESTING Governor Warner VETO Senate Bill 1 054 re offshore natural gas surveying, exploration, development and production. Councilman Villanueva will discuss development of a Task Force to assimilate the facts with Members of City Council. Voting: 6-3 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Jim Reeve and Ron A. Villanueva Council Members Voting Nay: Reba S. McClanan, Mayor Meyera E. Oberndorf and Peter W. Schmidt Council Members Absent: Rosemary Wilson and James L. Wood Council Lady Wilson left at 8:57 P.M. (Business appointment) March 22, 2005 -27- Item V-K.3. ORDINANCES/RESOLUTION ITEM # 53727 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to A UTHORIZE the City Manager to execute an agreement with the Virginia Department of Transportation (VDOT) for the widening of Volvo and Lynnhaven Parkways to four lanes with soundwalls between the Heald Way intersection and the City line, Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood March 22, 2005 1 ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO ENTER INTO AN AGREEMENT 3 WITH THE VIRGINIA DEPARTMENT OF 4 TRANSPORTATION FOR CONSTRUCTION OF THE 5 VOLVO PARKWAY/LYNNHAVEN PARKWAY 6 PROJECT 7 WHEREAS, the proposed Volvo Parkway/Lynnhaven Parkway Project provides for a four-lane 8 divided highway from Heald Way intersection to the City line, for a total distance of 4,600 feet; and 9 WHEREAS, City Council has determined that a public necessity exists for the construction of 10 this important project to provide transportation enhancement and for other public purposes related to the 11 preservation ofthe safety, health, peace, good order, comfort, convenience and welfare ofthe citizens of 12 Virginia Beach; and 13 WHEREAS, for the Virginia Department of Transportation ("VDOT") to proceed with this 14 project, the City must enter into an Agreement with VDOT for construction of the project; 15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF VIRGINIA BEACH, 16 VIRGINIA: 17 That the City Manager is hereby authorized to enter into an Agreement with the Virginia 18 Department of Transportation for construction of Capital Improvement Project #2-257, "Volvo 19 Parkway/Lynnhaven Parkway Project" (also described as VDOT Project VOOO-134-V39, RW-20l, C- 20 501, VPC 13487; and as Federal Project STP-5403 (402)) on behalf of the City of Virginia Beach. 21 22 Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day of 23 March ,2005. 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Of: I v'bj K CJftS1p~ ~ ~ ~ -----.L l\:/\j \~ \7 'V ~ \....--~ ---{( ~ ~cJ_ ~.~'/ r ~ KJJ ~I~ ~~ ~ ~ \}\~~ ~~ ~ 8!Y\: ~ -~ ~ .,:P LOCATION MAP FOR LYNNHAVEN PARKWAY /VOLVO PARKWAY C.I.P. 2-257 SCALE: 1" - 600' LYNNHAVEN VOLVO.DGNDGN M,j.5, PREPARED BY PIN ENG. CADD DEPT. FEB. 1,2004 - 28- Item V-KA. ORDINANCES/RESOLUTION ITEM # 53728 Upon motion by Councilman Maddox, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to RE-ESTABLISH parking fees at the Camp Pendleton Parking lot (Croatan), (DISTRICT 6 - BEACH) Voting: 8-1 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve and Peter W. Schmidt Council Members Voting Nay: Ron A. Villanueva Council Members Absent: Rosemary Wilson and James L. Wood March 22, 2005 1 2 ORDINANCE NO. 3 4 5 AN ORDINANCE DIRECTING THE REESTABLISHMENT OF 6 PARKING FEES AT THE CAMP PENDLETON PARKING 7 LOT (CROATAN) 8 9 WHEREAS, by ordinance adopted on August 6,2002, the City Council of the City of 10 Virginia Beach (the "City Council") eliminated the parking fees for the Camp Pendleton 11 parking lot at Croatan (the "Croatan Lot") imposed under the Camp Pendleton Beach 12 Agreement of 2002 (the "Agreement"); 13 WHEREAS, the cost for the expansion of the Croatan Lot and the installation of 14 public amenities, which include a 1,200 square foot public restroom facility, outdoor 15 showers and foot washer, totaled over $800,000; 16 WHEREAS, the Croatan Lot must be staffed to control lot access and enforce 17 parking guidelines; 18 WHEREAS, City staff has recommended that the parking fees for the Croatan Lot 19 be reestablished to help defray some of the costs incurred in staffing the lot and 20 constructing the upgrades and public amenities; and 21 WHEREAS, the proposed parking fees are authorized under the Agreement, and 22 offer a reduced rate for Virginia Beach residents and free parking from 6:00 a.m. to 10:00 23 a.m. daily. 24 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 That the City Council hereby directs that the fees for parking at the Camp Pendleton 27 parking lot at Croatan that is leased each summer by the City of Virginia Beach be 1 28 reestablished effective April 1, 2005 at the rate of $10.00 for buses, $1.00 for Virginia 29 Beach residents, $4.00 weekdays for non-residents and $5.00 weekends for non- 30 residents from 10:00 a.m. to closing, and free parking from 6:00 a.m. to 10:00 a.m. daily. 31 Adopted by the City Council ofthe City of Virginia Beach, Virginia, onthe 22nd day of March ,2005. CA-9500 F :\Users\ W alldej\ W P\BZA \Croatanlot.ord .doc March 4, 2005 R-2 Approved as to Content: Approved as to Legal Sufficiency: ,/. L City Attorney's Offic 2 - 29- Item V-K.5. ORDINANCES/RESOLUTION ITEM # 53729 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to AUTHORIZE a temporary encroachment into a portion of the right-of- way at 601 Sandbridge Road by JOHN W. and JEAN F. SIEBERT to maintain an existing identification sign for Siebert Realty. (DISTRICT 7 - PRINCESS ANNE) The folloWing conditions shall be required: 1. The temporary encroachment shall be 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. 2. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 3. The applicant shall indemnifY and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney'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. 4. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 6. The applicant shall obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant must also carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant must provide endorsements providing at least thirty (30) days' written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. March 22, 2005 - 30- Item V-K.5. ORDINANCES/RESOLUTION ITEM # 53729 (Continued) 7. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant for the use of such portion of the City 's right-of- way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood March 22, 2005 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO 5 A PORTION OF THE RIGHT-OF-WAY 6 LOCATED AT SANDBRIDGE ROAD BY 7 JOHN W. SIEBERT AND JEAN F. 8 SIEBERT THEIR HEIRS, ASSIGNS 9 AND SUCCESSORS IN TITLE 10 11 WHEREAS, John W. Siebert and Jean F. Siebert, desire to maintain an existing 12 identification sign into the City's right-of-way located at 601 Sandbridge Road. 13 WHEREAS, City Council is authorized pursuant to SS 15.2-2009 and 15.2-2107, 14 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 15 City's right-of-way subject to such terms and conditions as Council may prescribe. 16 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 That pursuant to the authority and to the extent thereof contained in SS 15.2- 19 2009 and 15.2-2107, Code of Virginia, 1950, as amended, John W. Siebert and Jean F. 20 Siebert their heirs, assigns and successors in title are authorized to maintain a 21 temporary encroachment for an identification sign in the City's right-of-way as shown on 22 the map entitled: "Exhibit "A" Exhibit showing SIGN ENCROACHMENT for Parcel A 23 GPIN Number: 2424-70-4064," a copy of which is on file in the Department of Public 24 Works and to which reference is made for a more particular description; and 25 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly 26 subject to those terms, conditions and criteria contained in the Agreement between the 27 City of Virginia Beach and John W. Siebert and Jean F. Siebert (the "Agreement"), 28 which is attached hereto and incorporated by reference; and 29 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 30 is hereby authorized to execute the Agreement; and 31 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 32 time as John W. Siebert and Jean F. Siebert and the City Manager or his authorized 33 designee execute the Agreement. 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the 35 22nd day of March ,2005. 36 37 APPROVED AS TO CONTENTS ;~ ~~Rt OfLlill"'-_ 40 PM RrcJ [dr;}f 41 DEPARTMENT 42 43 APPROVED AS TO LEGAL 44 S F IC NCY AND FORM 45 46 47 48 49 ...~.. ~ ~ ~... ...~.. LOCATION MAP ENCROACHMENT REQUESTED BY JOHN W. SIEBERT AND JEAN f. SIEBERT INTO CITY RIGHT-Of-WAY 601 SANDBRIDGE ROAD GPIN 2424-70-4064 SCALE: 1" = 200' SIEBERT PROPERTY.DGN M.j.S, PREPARED BY PM' ENG, CADD DEPT, FEB. 9, 2005 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(c) (3) THIS AGREEMENT, made this 5+'" day of Feb(v..~ f'V] , 2005, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and JOHN W. SIEBERT and JEAN F. SIEBERT, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "PARCEL A" as shown on "RESUBDIVISION OF LOTS 5, 6, AND 7 ETHEL M. CURTIS", as recorded in Map Book 304, at Page 3 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and being further designated and described as 601 Sandbridge Road, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to maintain an identification sign, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right of way adj acent to 601 Sandbridge Road "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN 2424-70-4064-0000 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 maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be 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: "Exhibit showing SIGN ENCROACHMENT for Parcel A GPIN Number:2424-70-4064", a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out ofthe location or existence ofthe 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 2 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 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 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 3 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, John W. Siebert and Jean F. Siebert, the said Grantee has caused this Agreement to be executed by their signature. 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. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk ~~.i~ ~} );jj,4- 4 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2005, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2005, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF . 0 CITY/COUNTY OF V"((~fllJlfr tEd , to-wit: ;rIi> The foregoing instrument was acknowledged before me this 5 day of ~6,el.UI-!l\J ,2005, by John W. Siebert. / ~/~~ Notary Public My Commission Expires: f~ 3 / - ;/00(0 5 STATE OF \ I " ;J CITY/COUNTY OF V,"R.tINIIt t5E~ , to-wit: ;-'f1::. day of The foregoing instrument was acknowledged before me this f€~tlUI41I!.Y ,2005, by Jean F. Siebert. / My Commission Expires: ~-II-;J DOh APPROVED AS TO CONTENTS ~ C. ~S~ GNATURE P to RELil E.st?iJi DEPARTMENT ~ 4' tf, Notary Publ~ APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~ X:\Projects\Encroachments\Applicants\Siebert, John & Jean - GES\Agreement Sign Encroachment.Frm.doc 6 3: c- ~o::: O:c 0::::1- we - 0;: o -w 0::::... mm c< z- <0::: Ul< > - i.Jb ~...1 ...... - - .... ..- ( - I I I \ I \ I \ , \ I \~ I I J 'E" " 1'4- xlstlng I I Existing : Road-': I Sign\. ___________-r- I ,1.3 : :1 "'-:'-:'---":1, I I \ , I I ........._._____/1 J I I I I J , I I J I I I I I I I I J I I I I I I I I I I , -- RIW -------------, \ I J ) ~ r------ I I I ,--' ,-...... I I l.______ JOHN W. & JEAN F. SIEBERT PARCEL A M.B.304JPg.3 ----- - " ..; I I I I I J I I I r J I I J I I I I / / I I I I I , I Rxhibit "A" Lot 8 Exhibit showing SIGN ENCROACHMENT for Parcel A G PIN N urn be r:. 2424-70-4064 engineering services, Inc. CIVll ENGINEER[NG - LAND SURVEYING ~35' ST~~S~~ ROAD VIRCINJA e~AeW. VIRCINIA 23~52 11511 ~68-680D FAX 115TI ~&9~49&& J;;-MAII.; 01I1lj; l~aiQf"'Q.\Xll1l SCALE: PROJECT: DATE: DWG~ PAGE: Existing One StOi)' F F =8. 1 5 111=30' 00266.1 01/26/05 2S6Ex6Sh1 1of1 - 31 - Item V-K.6. ORDINANCES/RESOLUTION ITEM # 53730 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to ACCEPT $13,896,735 from the Federal Emergency Management Agency (FEMA), $3,817,906 from the Virginia Emergency Management; and, APPROPRIATE these funds plus an additional $2,468,839 from the 2004-05 operating budget to cover remaining costs not reimbursed from FEMA nor the State re cleanup from Hurricane Isabel. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James 1. Wood March 22, 2005 1 2 3 4 5 6 7 8 9 AN ORDINANCE TO APPROPRIATE $13,896,735 OF FEDERAL REVENUE, $3,817,906 OF STATE REVENUE AND $2,468,839 OF FUND BALANCE FROM THE GENERAL FUND TO THE FEMA HURRICANE ISABEL FUND IN THE FY 2004-05 OPERATING BUDGET TO COVER EXPENDITURES ASSOCIATED WITH HURRICANE ISABEL WHEREAS, in September 2003 Hurricane Isabel brought 10 sustained winds and heavy rain to Virginia Beach, producing 11 significant damage; 12 WHEREAS, the Federal Emergency Management Agency (" FEMA") 13 and Virginia Department of Emergency Management provided 14 financial assistance related to the cleanup of eligible costs 15 associated with Hurricane Isabel; and 16 WHEREAS, the Finance Department has designated $2,468,839 17 in fund balance from the General Fund to cover the amount of 18 expenses the City incurred that are not reimbursable by FEMA or 19 the Virginia Department of Emergency Management. 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 1. That $13,896,735 in additional federal revenue from FEMA 23 is hereby appropriated to the Federal Emergency 24 Management Agency Hurricane Isabel Fund in the FY 2004- 25 05 Operating Budget for costs associated to Hurricane 26 Isabel, with federal revenue increased accordingly. 27 2. That $3,817,906 in additional state revenue from the 28 Virginia Department of Emergency Management is hereby 29 appropriated to the Federal Emergency Management Agency 30 Hurricane Isabel Fund in the FY 2004-05 Operating Budget 31 for costs associated to Hurricane Isabel, with state 32 revenue increased accordingly. 33 3. That $2,468,839 of fund balance in the General Fund is 34 hereby appropriated to the Federal Emergency Management 35 Agency Hurricane Isabel Fund in the FY 2004-05 Operating 36 Budget to cover the remaining costs not covered by FEMA 37 or state reimbursement, with revenue from appropriations 38 of fund balance increased accordingly. 39 Adopted by the Council of the City of Virginia Beach, 40 Virginia on the 22nd day of March, 2005. Approved as to Content: Approved as to Legal Sufficiency: jj~Q-~ Department of Management Services / 5J ~ . /;J~{.,t.... (f Department. of Law / CA 9489 R-4 March 7, 2005 H:\PA\Ords\Hurricane Isabel Reimbursement Ord2.doc - 32- Item V-K. 7. ORDINANCES/RESOLUTION ITEM # 53731 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to TRANSFER $238,282 from the Sandbridge Fire and Rescue Station, $300,000 from the Thalia Fire and Rescue Station, $121,718 from the General Booth Fire and Rescue Station; and, APPROPRIATE $60,000 from the Fire Programs Special Revenue Fund to the First Landing Fire and Rescue Station re the construction of a fourth bay and a training tower. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E, OberndorJ, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood March 22, 2005 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO TRANSFER $238,282 FROM CAPITAL PROJECT #3-424 FIRE AND RESCUE STATION SANDBRIDGE, $300,000 FROM CAPITAL PROJECT #3- 021 FIRE AND RESCUE STATION - THALIA, $121,718 FROM CAPITAL PROJECT #3-404 FIRE AND RESCUE STATION GENERAL BOOTH AND APPROPRIATE $60,000 TO CAPITAL PROJECT #3-017 FIRE AND RESCUE STATION - FIRST LANDING TO CONSTRUCT A FOURTH BAY, TRAINING TOWER AND COVER INCREASED COSTS OF THE PROJECT 11 WHEREAS, the Fire and EMS Departments wish to cover cost 12 overruns within the existing scope of Capital Project #3-017 Fire 13 and Rescue Station - First Landing and construct an additional 14 fourth bay outside of the existing scope from available 15 appropriations of Capital Project #3-424 Fire and Rescue Station - 16 Sandbridge, Capital Project #3-404 Fire and Rescue Station 17 General Booth, Capital Project #3-021 Fire and Rescue Station - 18 Thalia. 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 1. That $660,000 is hereby transferred to Capital Project #3- 22 017 Fire and Rescue Station - First Landing from the following 23 projects: 24 a. $238,282 from Capital Project #3-424 Fire and Rescue 25 Station Sandbridge. 26 b. $300,000 from Capital Project #3-021 Fire and Rescue 27 Station Thalia. 28 c. $121,718 from Capital Project #3-404 Fire and Rescue 29 Station General Booth. 30 2. That $60,000 is hereby appropriated from fund balance from 31 the Fire Programs Special Revenue Fund, with revenue increased 32 accordingly. 33 3. That the project scope for Capital Project #3-017 Fire and 34 Rescue Station First Landing, project scope is hereby modified to 35 reflect an additional fourth bay and training tower. 36 An affirmative vote by the majority of the members of City 37 Council is required. 38 39 Adopted by the Virginia, on the 22nd Council of the day of March City of , 2005. Virginia Beach, APPROVED AS TO CONTENT '1 r\ /^I r-, .r\' ~ ~) ~' \ 12 .'\ : ~ a /\ r\. 0l ^ 'l"{1 . M;nage~ent Servic~s ~~T~E~;~d City Attorney's Office CA9556 Ordres/First Landing ORD.doc March 9, 2005 R-1 - 33- Item V-K.8 ORDINANCES/RESOLUTION ITEM # 53732 ADD-ON The following registered in SUPPORT: Daniel Baxter, President - Virginia Beach Council of Civic Organizations Delceno Miles, 1104 Fallbrook Bend, Phone: 499-9627 Upon motion by Councilman Schmidt, seconded by Councilman Maddox, City Council ADOPTED: Ordinance to establish a process for the preparation for the City's Operating Budget Councilman Schmidt advised the City Manager, City Attorney and himself discussed the proposed additions by Catheryn Whitesell, Director - Management Services. Councilman Schmidt did not believe these added materially and it was preferable to pursue Councilman Schmidt's original Ordinance. The City Manager, in his instructions to the Virginia Beach School Board, has the ability to advise them how to prepare their budgets. Until the revenue sharingformula is changed, the 53.13% is the percentage the Schools receive. Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt and Ron A. Villanueva Council Members Voting Nay: None Council Members Absent: Rosemary Wilson and James L. Wood March 22, 2005 1 REQUESTED BY COUNCILMEMBER SCHMIDT 2 3 4 5 AN ORDINANCE TO ESTABLISH A PROCESS 6 FOR THE PREPARATION OF THE CITY'S 7 OPERATING BUDGET 8 SECTION ADDED: CITY CODE ~ 2-186.1 9 10 WHEREAS the primary revenue source for localities in the State 11 of Virginia is the real estate tax; 12 WHEREAS annual real estate assessments have been growing at 13 rates that cause tax levies to exceed the 1.0 percent growth limit 14 established by Section 58.1-3321A of the Code of Virginia; 15 WHEREAS Section 58.1-3321B of the Code of Virginia authorizes 16 governing bodies to increase real estate tax rates when such 17 increases are deemed necessary by such governing bodies; 18 WHEREAS the City Council recognizes that the service and 19 capital improvement needs of the City are independent of the value 20 of real estate assessments; 21 WHEREAS the City Council requires that the City's annual 22 budgets be based solely on service and capital improvement needs 23 and that such needs not be influenced by projections of real estate 24 assessment growth; 25 WHEREAS the City Council requires that it have the ability to 26 clearly separate the needs of ongoing programs from new 27 initiatives; 1 28 WHEREAS the Council recognizes that there have been 29 unprecedented federal and state cutbacks in funding to localities 30 and in providing basic services to citizens that often require 31 increased local spending; 32 WHEREAS the Council likewise recognizes the increasing costs 33 to the City in providing basic and enhanced services and that the 34 City Manager must provide for the level of services demanded; 35 WHEREAS it is the City Council's intent to adequately fund 36 core services and the Council is desirous of a budgeting process 37 that presents it with information, priorities, and decision points 38 necessary to efficiently balance the services to be provided by the 39 City with the costs of those services to its citizens; 40 41 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 42 VIRGINIA BEACH, VIRGINIA: 43 44 Sec. 2-186.1 Preparation of budget. In the preparation of the 45 City's annual budget, the City Manager shall prepare a "base 46 budget" using, among other sources of revenue, estimated real 47 estate tax revenues, which shall be no more than the previous 48 fiscal year's real estate tax levies. The base budget shall then 49 be supplemented by adding any statutory requirements which must be 50 funded. The City Manager should then propose prioritized, 51 incremental optional items that reflect increased costs of existing 2 services, higher levels of programs and services, or new 52 53 initiatives; provided, however, that each adjustment, service 54 level, or new initiative shall clearly delineate the additional programs or services to be provided, the associated cost, 55 56 recommended funding source and the required increased incremental 57 real estate tax rate, if required, to fund each item. 58 Adopted by the Council of the City of Virginia Beach, 59 Virginia, on the 22 day of March , 2005. CA-9555 H:\PA\GG\ORDRES\budget prep ord.doc R-4 March 18, 2005 3 - 34- Item L. PLANNING ITEM # 53733 1. RICHARD K. AND LILLIAN M. BOLEN 2. TIDEWATER INSTITUTE OF SPORTS, L.L.c. 3. UNION BAPTIST CHURCH 4. GENERAL RENTAL CENTER 5. JUDITH M. COFIELD 6. WEDGEWOOD ASSOCIATES, L.L.c. 7. NELIN BROTHERS STREET CLOSURE CONDITIONAL USE PERMIT MODIFY CONDITIONAL USE PERMIT (Approved October 17,1995) CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING CONDITIONAL CHANGE OF ZONING March 22, 2005 - 35 - Item V-L. PLANNING ITEM # 53734 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED IN ONE MOTION Items 1,2, 3,4 and 5 of the PLANNING BY CONSENT AGENDA. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood Council Lady McClanan voted a VERBAL NAY on Item L.5. (Cofield) March 22, 2005 - 36- Item V-L.1. PLANNING ITEM # 53735 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED an Ordinance upon application of RICHARD K. AND LILLIAN M. BOLEN for the discontinuance, closure and abandonment of an unnamed, unimproved right-of-way on Ewell Road at Dunston Lane and Delray Drive: Ordinance upon Application of Dr. Richard K. Bolen and Mrs. Lillian M. Bolen for the discontinuance, closure and abandonment of an unnamed, unimproved right-of-way located on the south side of Ewell Road, 321.57 feet east of Dunstan Lane and 393.43 feet west of Del ray Drive. DISTRICT 4 - BAYSIDE The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlyingfee. 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. Copies of the policy are available in the Planning Department, 2. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant is required 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 no private utilities within the right-of-way proposedfor closure. If private utilities do exist, easements satisfactory to the utility company, must be provided 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council (March 21,2006). If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way, this approval shall be considered null and void. March 22, 2005 Item V-L.1. PLANNING Voting: - 37- ITEM # 53735 (Continued) 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood March 22, 2005 1 2 3 4 ORDINANCE NO. 5 6 7 8 IN THE MATTER OF CLOSING, VACATING AND 9 DISCONTINUING A PORTION OF THAT CERTAIN 10 STREET KNOWN AS "UNNAMED 50' RIGHT-OF- 11 WAY" AS SHOWN ON THAT CERTAIN PLAT 12 ENTITLED "EXHIBIT PLAT SHOWING UNNAMED 13 50' RIGHT-OF-WAY TO BE CLOSED ADJACENT TO 14 LOT 1, THOROUGHGOOD, SECTION 8, PART 4, (D.B. 15 2580, P. 2157) AND LOT 2, THOROUGHGOOD, 16 SECTION 8, PART 3 (M.B. 84, P. 8) VIRGINIA BEACH, 17 VIRGINIA": 18 19 WHEREAS, RICHARD K. BOLEN and LILLIAN M. BOLEN applied to the 20 Council of the City of Virginia Beach, Virginia, to have the hereinafter described street 21 discontinued, closed, and vacated; and 22 WHEREAS, it is the judgment of the Council that said street be discontinued, 23 closed, and vacated, subject to certain conditions having been met on or before one (1) year from 24 City Council's adoption of this Ordinance; 25 26 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 27 Beach, Virginia: 28 29 30 GPIN: 1479-61-3140,1479-61-1030,1479-60-2981 31 32 33 34 35 36 37 1 38 SECTION I 39 40 That the hereinafter described street be discontinued, closed and vacated, subject 41 to certain conditions being met on or before one (1) year from City Council's adoption of this 42 ordinance: 43 44 All that certain piece or parcel of land situate, lying and being in 45 the City of Virginia Beach, Virginia, designated and described as 46 "UNNAMED 50' RIGHT -OF- WAY" shown as the cross-hatched 47 area on that certain plat entitled: "EXHffiIT PLAT SHOWING 48 UNNAMED 50' RIGHT -OF-WAY TO BE CLOSED ADJACENT 49 TO LOT 1, THOROUGHGOOD, SECTION 8, PART 4, (D.E. 50 2580, P. 2157) AND LOT 2, THOROUGHGOOD, SECTION 8, 51 PART 3 (M.B. 84, P. 8) VIRGINIA BEACH, VIRGINIA" Scale: 52 I" = 40', dated November 2,2004, prepared by John E. Sirine and 53 Associates, Ltd., a copy of which is attached hereto as Exhibit A. 54 55 56 SECTION II 57 58 The following conditions must be met on or before one (1) year from City 59 Council's adoption of this ordinance: 60 1. The City Attorney's Office will make the final determination regarding 61 ownership of the underlying fee. The purchase price to be paid to the City shall be determined 62 according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street 63 Closures," approved by City Council. Copies of said policy are available in the Planning 64 Department. 65 2. The applicant shall resubdivide the property and vacate internal lot lines to 66 incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted 67 and approved for recordation prior to final street closure approval. 2 68 3. The applicant shall verify that no private utilities exist within the right-of-way 69 proposed for closure. Preliminary comments from the utility companies indicate that there are 70 no private utilities within the right-of-way proposed for closure. If private utilities do exist, the 71 applicant shall provide easements satisfactory to the utility companies. 72 4. Closure of the right-of-way shall be contingent upon compliance with the 73 above stated conditions within one year of approval by City Council. If all conditions noted 74 above are not in compliance and the final plat is not approved within one year of the City 75 Council vote to close the street, this approval will be considered null and void. 76 77 SECTION III 78 79 1. If the preceding conditions are not fulfilled on or before March 21, 2006, 80 this Ordinance will be deemed null and void without further action by the City Council. 81 2. If all conditions are met on or before March 21, 2006, the date of final 82 closure is the date the street closure ordinance is recorded by the City Attorney. 83 3. In the event the City of Virginia Beach has any interest in the underlying 84 fee, the City Manager or his designee is authorized to execute whatever documents, if any, that 85 may be requested to convey such interest, provided said documents are approved by the City 86 Attorney's Office. 87 SECTION IV 88 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 89 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 90 VIRGINIA BEACH as "Grantor" and RICHARD K. BOLEN and LILLIAN M. BOLEN as 91 "Grantee." 3 92 Adopted by the Council of the City of Virginia Beach, Virginia, on this -2-2.nQ day 93 of March ,2005. 94 95 96 97 98 99 CA-9458 100 February 16, 2005 101 H:\OID\REAL ESTATE\Slreel ClosureIBOLEN.CA9458.0RD.doc 102 103 104 105 106 107 108 109 110 111 112 113 114 APPROVED AS TO CONTENT: ~ t .tS. ().c Planni~partment APPROVED AS TO LEGAL SUFF~:t~ ~ City Attomey 4 - 38- Item V-L.2. PLANNING ITEM # 53736 Attorney Ann K. Crenshaw, Kaufman and Canoles, Suite 700, 2101 Parks Avenue, Phone: 491-4044, represented the applicant, and advised the other speakers WAIVED their right to speak but expressed appreciation to the City Council. Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED an Ordinance upon application of TIDEWATER INSTITUTE OF SPORTS, L.L.C.for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF TIDEWATER INSTITUTE OF SPORTS, L.L.c. FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY OF AN OUTDOOR NATURE R030531240 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Tidewater Institute of Sports, L.L. C.for a Conditional Use Permit for a recreational facility of an outdoor nature on property located on the east side of Harpers Road, approximately 1080 feet north of Dam Neck Road (GPINS24054531390000; 24057503860000; 24048796590000). DISTRICT 6 - BEACH The following conditions shall be required: 1. The site shall be developed in substantial conformance with the site plan entitled "TIS Soccer Fields, Virginia Beach, VA" dated12/0l/04 and prepared by MSA, Pc. This site plan was exhibited to City Council and is on file with the Department of Planning. 2 As an alternative to standard site improvements, any use of gravel for the permanent parking lot surfaces must be reviewed and approved by the Zoning Administrator and the Building Official. 3. A detailed landscape plan must be submitted for any gravel parking lot area should it be approved per Condition #2. 4. The submitted designfor the Central Building should incorporate design features more appropriate to human scale. The applicant shall work with the Planning Director and staff to revise the building elevation to incorporate architectural features and details that accomplish this. 5. A no ingress/egress easement shall be dedicated to the City of Virginia Beach along the entire frontage of Harpers Road. March 22. 2005 - 39- Item V-L.2. PLANNING ITEM # 53736 (Continued) 6. A variable width right-of-way reservation will be necessary along Harpers Road to accommodate the one hundred-foot (100') roadway designated on the Master Transportation Plan. The stormwater management facilities shown on the site plan will need to be relocated outside of the reservation area. 7. Access out of the site will be limited to right turns onto westbound Dam Neck Road. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-second of March Two Thousand Five Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood March 22, 2005 - 40- Item V-L.3. PLANNING ITEM # 53737 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council MODIFED a Conditional Use Permit upon application of UNION BAPTIST CHURCH (approved by City Council on October 17, 1995) to allow the church a three (3) story mezzanine building and expand the church at 4608 South Boulevard: ORDINANCE UPON APPLICATION OF UNION BAPTIST CHURCH FORA CONDITIONAL USE PERMIT FORA CHURCH EXPANSION R030531241 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Union Baptist Church for a Conditional Use Permit for a church expansion on property located at 4608 South Boulevard (GPIN 14774192980000). DISTRICT 3 ROSE HALL The following conditions shall be required: 1. When the multi-purpose center is constructed, it shall be in general conformance with the submitted plan entitled, "Conceptual Site Layout Plan of Union Baptist Church, 4608 South Boulevard, Virginia Beach, VA," prepared by MSA, P. c., dated 12/01/04, subject to any changes in the footprint of the building that may result due to action of the Board of Zoning Appeals. 2. When the multi-purpose center is constructed, it shall be in substantial conformance with the elevations entitled, "Front Elevation, Union Baptist Multipurpose Center, Virginia Beach, VA, "prepared by Rancorn Wildman Architects, subject to any changes that occur due to modifications in the footprint of the building resultingfrom action of the Board of Zoning Appeals. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-second of March Two Thousand Five March 22, 2005 Item V-L.3. PLANNING Voting: - 41 - ITEM # 53737 (Continued) 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A, Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood ( March 22, 2005 - 42- Item V-L.4 PLANNING ITEM # 53738 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED an Ordinance upon application of GENERAL RENTAL CENTERfor a Conditional Use Permit: ORDINANCE UPON APPLICATION OF GENERAL RENTAL CENTER FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE RENTAL AND BULK STORAGE R030531242 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of General Rental Center for a Conditional Use Permit for motor vehicle rental and bulk storage on property located at 616 Village Drive (GPIN 24076738430000), DISTRICT 6 - BEACH The following conditions shall be required: 1. The site is limited to fifteen (I5) vehicles available for rental purposes. 2. Rental vehicle parking shall be located as depicted on the submitted exhibit entitled "Exhibit of General Rental Center, 616 Village Drive, Virginia Beach, Virginia", dated 11/19/04, and prepared by MSA, P. c., EXCEPT there shall be no rental vehicles parked forward of the building wall parallel to Village Drive. 3. Street frontage landscaping, in accordance with the City of Virginia Beach Parking Lot and Foundation Landscaping Specifications and Standards, shall be installed in the grassy area along Village Drive, 4. The bulk storage/rental vehicle parking area shall be enclosed with Category VI screening, in accordance with the City of Virginia Beach Landscape Screening and Buffering Specifications and Standards. The applicant shall confer with Staff to determine the appropriate location for the screening and buffering. 5. Existing rental items, such as light construction equipment and utility trailers, shall be stored within the rental vehicle parking area depicted on the submitted exhibit entitled "Exhibit of General Rental Center, 616 Village Drive, Virginia Beach, Virginia ", dated 11/19/04, and prepared by MSA, P. C. 6. The bulk storage/rental vehicle parking area may be gravel, provided a waiver of on-site improvements is requested and approved by the Planning Director. March 22, 2005 - 43- Item V-L.4 PLANNING ITEM # 53738 (Continued) 7. The applicant shall pressure wash and paint the building and perform general maintenance on the building. Paint colors shall be limited to earth tones, This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-second of March Two Thousand Five Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood March 22, 2005 - 44- Item V-L5. PLANNING ITEM # 53739 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED an Ordinance upon application of JUDITH M. COFIELD for a Conditional Use Permit re a private residential kennel: ORDINANCE UPON APPLICATION OF JUDITH M. COFIELD FOR A CONDITIONAL USE PERMIT FOR A RESIDENTIAL KENNEL R030531243 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Judith M. Cofield for a Conditional Use Permit for a residential kennel on property located at 1349 Sycamore Road (GPIN 14887816670000). DISTRICT 5 -LYNNHAVEN The following conditions shall be required: 1. By January 15 of each year, the applicant shall submit to the Zoning Administrator evidence that the dogs are up-to-date on any required shots and properly licensed through the City of Virginia Beach. 2. Upon the death of anyone of the five (5) dogs, the site shall be limited to no more than four (4) dogs. 3. The applicant shall strive to insure that the dogs are confined to her property at all times. Any outdoor area for the animals shall not be located within one hundred (I 00) feet of the property line of any adjacent lot, as specified in Section 223 of the City Zoning Ordinance. The applicant may apply to the Board of Zoning Appeals for a reduction in this requirement This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-second of March Two Thousand Five March 22, 2005 Item V-L5. PLANNING Voting: - 45 - ITEM # 53739 (Continued) 9-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: Reba S. McClanan Council Members Absent: James L. Wood March 22, 2005 - 46- Item V-L.6. PLANNING ITEM # 53740 Thefollowing registered to speak, representing Empower Hampton Roads: Kathy Llewellyn, 1337 Walnut Avenue, Phone: 714-7802, single mother, requested City Council address the problem of affordable and safe housing. Reverend Randy Orwig, Pastor - United Church of Christ, proud member of Empower Hampton Roads, and member of City's Housing Group, through the Interfaith Advisory Board. This Board is a sub committee of providers which came forward to share the distress experienced in the Faith communities with non-profit providers as a result of escalating housing costs and ongoing loss of lower income housing. The Cornerstone project (application of Wedge wood Associates, L.L.c.) symbolizes the movingforward of housing development without a clear policy and ordinance guideline allowing any developer to know how to proceed. Reverend Orwig requested development of a land use zoning policy allowing the availability of affordable housing. Policies re housing trusts; inclusionary zoning, tax breaks andfinancing assistance should be developed for affordable housing. William J. Groom, 521 Graydon Avenue, Apartment D, Norfolk Virginia, Phone: 625-3739, resident of Norfolk and former "homeless" person, Mr. Groom requested the developers of the land formerly occupied by the Wedgewood Mobile Home Park provide a segment of affordable housing. Deborah Wall, 1121 Black Duck Court, Phone: 418-8744, deferred to Teresa Stanley Teresa Stanley, 4356 Bonney Road, Phone: (252) 255-1981, has worked with the Catholic Churchfor the past fifteen (I 5) years. Ms. Stanley requested the Sandlers voluntarily provide a certain percentage of opportunity based housingfor all income levels and the City adopt an Inclusionary Zoning Ordinance. Inclusionary Zoning ensures a percentage of all development, includes affordable housing and has been successfully implemented in other regions of this country. The Cornerstone project density bonus request should be denied. Attorney Thelma Carroll, 5903 Clear Springs Road, Phone: 420-5055, advised Inclusionary Zoning, also known as Opportunity Based Housing, is a tool for providing an adequate supply of safe, decent attractive and diverse housing with a range of values, including owner occupied and rental units to accommodate the present and future needs of all Virginia Beach residents as stated in the Comprehensive Plan. Examples of Inclusionary Zoning Ordinances can be found in Fairfax County, Virginia, and also in Montgomery County, Maryland. Relative this Ordinance, Empower Hampton Roads is planning afield trip to Fairfax County in May. Attorney Carroll advised affordable housing is not having to expend more than thirty (30%) percent of your income on shelter. Abby Causey, 560 Caren Drive, Phone: 463-1483, Social Minister of Catholic Church in Virginia Beach. Ms. Causey urged adoption of Inclusionary Zoning and providing affordable housing. Tim McCarthy, 3845 Prince Phillip Circle, Phone: 486-3375, urged adoption of Inclusionary Zoning and develop more affordable housing within the community. Empower Hampton Roads is opposed to the density bonus requested by the San diers, without afull assurance of affordable opportunity based housing in this complex (application of Wedgewood Associates, L.L. C.) Mr. McCarthy advised the Workshop re Inclusionary Zoning in Fairfax, Virginia, is scheduledfor May 1 ?h and they would welcome City Council's attendance. March 22, 2005 - 47- Item V-L. 6. PLANNING ITEM # 53740 (Continued) Upon motion by Councilman Diezel, seconded by Councilman Schmidt, City Council DEFERRED until the City Council Session of April 5, 2005, Ordinance upon application of WEDGEWOOD ASSOCIATES, L.L. c., for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF WEDGEWOOD ASSOCIATES, L.L.c., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-12 TO CONDITIONAL A-24 WITH A PD-H2 PLANNED DEVELOPMENT OVERLAY DISTRICT Ordinance upon Application of Wedgewood Associates, L.L. c., for a Chanve ofZoninf! District Classification (romA-12 Apartment District to Conditional A-24 Apartment District with a PD-H2 Planned Development Overlay District on property located on the north side of Bonney Road and Dolton Drive, west of Alicia Drive (GPINS 14771112670000; -1133130000; -2122470000; -3112940000). The purpose is to develop a planned residential community, The Comprehensive Plan designates this site as being part of Strategic Growth Area 4 - Pembroke Area (Bonney Road West Corridor), suitable for mixed use development including residential consistent with the policies of the Comprehensive Plan. DISTRICT 2 - KEMPSVILLE Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt and Ron A. Villanueva Council Members Voting Nay: None Council Members Absent: Rosemary Wilson and James L. Wood March 22, 2005 - 48- Item V-L.7. PLANNING ITEM # 53741 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council DEFERRED INDEFINITELY an Ordinance upon application of NELIN BROTHERS for a Conditional Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF NELIN BROTHERS FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-20 TO CONDITIONAL 0-1 Ordinance upon application ofNelin Brothers for a Chanf!e ofZoninf! District Classification from R-20 Residential District to Conditional 0-1 Office District on property located at 2122 General Booth Boulevard (GPIN 24141834440000). The Comprehensive Plan designates this site as being part of the Primary Residential Area (South General Booth Boulevard Corridor), suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. The purpose of the requested modification is to develop the site for an office building. DISTRICT 7 - PRINCESS ANNE Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Rosemary Wilson and Ron A. Villanueva Council Members Voting Nay: None Council Members Absent: Harry E. Diezel and James L. Wood MarCh:. 200~ .. Item V-M. - 49- APPOINTMENTS ITEM #53742 BY CONSENSUS, City Council RESCHEDULED: COMMUNITY POLICY AND MANAGEMENT TEAM - CSA At Risk COMMUNITY SERVICES BOARD FRANCIS LAND HOUSE BOARD OF GOVERNORS HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTMENT PARTNERSHIP ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL OPEN SPACE SUBCOMMITTEE PARKS AND RECREATION COMMISSION PERFORMING ARTS THEATRE ADVISORY COMMITTEE PERSONNEL BOARD THE PLANNING COUNCIL TOWING ADVISORY BOARD March 22, 2005 - 50- Item V-Po ADJOURNMENT ITEM # 53743 Mayor Meyera E. OberndorfDECLARED the City Council Meeting ADJOURNED at 10:39 P.M. Q~__f:_~:~~__ Beverly 0. Hooks, CMC Chief Deputy City Clerk ~- City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia March 22, 2005