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JULY 5, 2005 MINUTES -r CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" MA YOR MEYERA H. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. D1EZEL Kempsville - District 2 ROBERT M. DYER, Centerville - District I REBA S. McCLANAN, Rose Hall - District 3 RICHARD A. MADDOX, Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER W. SCHMIDT, At-Large RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large .lAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL CITY COUNCIL AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 427-4303 FAX (757) 426-5669 E-MAIL: Ctycncl@vbgov.com CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CiTY CLERK - RUTH HODGES SMITH, MMC 5 July 2005 1. CITY MANAGER'S BRIEFING Conference Room 3:00PM A. Virginia Beach Patriotic Festival Ira Agricola - Executive Director, Hampton Roads Chambers of Commerce James Ricketts - Director, Convention and Visitors Bureau II. COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA ITEMS V. INFORMAL SESSION - Conference Room - 4:00PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION ~ VI. FORMAL SESSION 6:00PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Rabbi Israel Zoherman Beth Chaverism Synagogue 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. Formal and Informal Session June 28, 2005 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARING 1. ELECTION PRECINCT: Changes re Upton and Arrowhead I. MAYOR'S PRESENTATION 1. Back Bay Refuge Revenue Sharing Congresswoman Thelma Drake J. CONSENT AGENDA K. ORDINANCES/RESOLUTION - 1. Ordinance to AMEND and REORDAIN 910-1 of the City Code re changing Arrowhead and Upton Polling Precinct places. 2. Ordinance to AUTHORIZE the City Manager to execute an agreement between the CAVALIER HOTEL CORPORATION and the City in settlement of property disputes. 3. Resolution to AUTHORIZE the City's application for allocation of$l-Million through the Virginia Department of Transportation (VDOT) 2005-2006 Revenue Sharing Program; and further, AUTHORIZE the City Manager to EXECUTE all necessary agreements for the project's development and construction. 4. Ordinance to AUTHORIZE a temporary encroachment into a portion ofthe City's right- of-way at 796 Newman Street by ROBERT W. and JOYCE C. MEEKER to construct and maintain a gravel access road and farm gate. (DISTRICT 7 - PRINCESS ANNE) 5. Ordinance to ACCEPT and APPROPRIATE $1,648,162 re fifty three (53) positions to the FY 2005-06 operating budget of the Clerk of the Circuit Court L. PLANNING - NO ACTION 1. Application of TOWN CENTER ASSOCIATES, L.L.C. for a Conditional Use Permitre multi-family dwellings at Independence Boulevard, Commerce Street, Market Street and Columbus Street (DISTRICT 5 - L YNNHA VEN). City Council heard and approved this item on June 28, 2005 M. PLANNING 1. Application of CHARLES H. and SANDRA T. DAWSON for a Chanf!e of Zoning District Classification from 0-2 Office District to Conditional B-2 Community Business District at 138 South Rosemont Road (DISTRICT 3 - ROSE HALL) RECOMMENDATION: APPROVAL 2. Application of EVERGREEN VIRGINIA, L.L.c. and CHECKERED FLAG MOTOR CAR COMPANY, INC. for a Conditional Use Permit for new and used motor vehicle sales at 5226 Virginia Beach Boulevard (DISTRICT 4 - BA YSIDE). RECOMMENDATION: APPROVAL 3. Ordinance to AMEND 9103 Subsection (b) of the City Zoning Ordinance (CZO) by REPEALING the Zoning Administrator's authority to grant variances to setbacks up to twenty five (25) percent ofthe required amount. All such variances will now be heard by the Board of Zoning Appeals. RECOMMENDATION: APPROVAL N. APPOINTMENTS Arts and Humanities Commission Beaches and Waterways Commission Eastern Virginia Health Systems Agency Investment Partnership Advisory Committee - PPEA Open Space Advisory Committee Towing Advisory Board Virginia Beach Community Development Corporation O. UNFINISHED BUSINESS P. NEW BUSINESS Q. ADJOURNMENT ********************************** PUBLIC COMMENTS Non-Agenda Items ********************************** *************** 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: Virginia Relay Center at 1-800-828-1120 Agenda 07/05/05blb www.vbgov.com MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 5 July 2005 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING re SENTARA VIRGINIA BEACH PATRIOTIC FESTIVAL in the Council Conference Room, City Hall, on Tuesday, July 5, 2005, at 3:00 PM Council Members Present: Harry E. Diezel, Vice Mayor Louis R, Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Peter W Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Robert M Dyer [Entered: 3: 15 PM.] Richard A. Maddox Jim Reeve [Entered: 3:35 PM.] - 2- CITY MANA GER'S BRIEFING VIRGINIA BEACH PATRIOTIC FESTIVAL 3:00 P.M. ITEM # 54113 James Ricketts, Director - Convention and Visitors Bureau, introduced John Gentile, President of usa of Hampton Roads, Ira M Agricola, Senior Vice President, Governmental Affairs - Hampton Roads Chamber of Commerce and Thomas A. Prevette, Chairman - Virginia Beach Division, Hampton Roads Chamber of Commerce, to present information relative the Virginia Beach Patriotic Festival. John Gentile expressed appreciation to Karen Licari, Chief Operating Officer - usa of Hampton Roads, Jeff Hill, former President usa of Hampton Roads and now affiliated with usa - World, and Bill Douthat, President - Whisper Entertainment Concerts, Inc, Mike Eason - Resort Services Coordinator, and Lee Edmondson, Finance Officer - Convention and Visitors Bureau, The event was a celebration and to honor members of the Military on Memorial Day Weekend, 2005. Comments receivedfrom the various Military members throughout the Hampton Roads area were impressive, 20,000 complimentary tickets to the Military were distributed (5,000 tickets for each of the shows). Tracking the tickets, indicatedforty-three percent (43%) or 8,600 tickets were utilized. The normal average for a complimentary ticket is between twenty (20) and twenty-jive percent (25%). The Navy's Morale, Welfare and Recreation (MWR) unit sold all the concessions and provided much of the logistical support. Approximately $85,000 earned by the MWR, as a result of sales and service, is remaining within the Virginia Beach/Hampton Roads area to support the Military, During the Patriotic Festival, there were numerous Military Static Displays and Flyovers prior to each of the Concerts, There were several military demonstrations involving the Seals and the Coast Guard. The National Anthem was sung by a member from each of the five (5) Armed Services prior to each Concert. All of the musical artists saluted the Military, The usa Show, highlighting Wayne Newton and the Dallas Cowboy Cheerleaders, was a spectacular and popular event, The Dallas Cowboy Cheerleaders spent an entire afternoon at Naval Air Station Oceana visiting one of the Squadrons. The USO Show was covered by the National FOX News, thus showing the entire Nation the support of Virginia Beach offered to the Military. WTAR Television broadcast news "live "from the Beach on Friday evening and Saturday morning. WTAR, several months prior to the Patriotic Festival, promoted the celebration with news segments, The Corporate sponsors, including the presenting sponsor - Jeep, have provided positive "feedback" and indicated support of a 2006 Patriotic Festival. Mr. Gentile displayed a 4 ~ minute WTAR Video, "Your 3 on Tour" of the 3-day Patriotic Festival. Relative the preliminary jinancial review, a summary of the statements indicated revenues from the Patriotic Festival were $l.4-MILLION and expenses - $1.2-MILLION. Thus, a net projit of approximately $200,000. This net will be returned to the City of Virginia Beach to offset the City's original investment of$600,000. By increasing the number of sponsorships, including the USO/World sponsorship, and reducing expenses from lessons learned this year, a larger projit is expected for the 2006 Patriotic Festival. Mr. Gentile requested the concurrence of City Council to proceed with the plans commencing August 2005 for a 2006 Patriotic Festival. Thomas Prevette, Chairman - Hampton Roads Chamber of Commerce, Virginia Beach Division, advised he is serving a dual role also as a Member of the Cox Communications Leadership Team and the Chamber, Both Cox and the Chamber are proud to have been supporting organizations for the jirst Annual Patriotic Festival, Under the leadership of Rear Admiral S.A, Turcotte - Us. Navy, Commander - Navy Region Mid- Atlantic - Public Affairs Office, the Armed Forces presented outstanding displays with jlyovers, demonstrations and exhibits throughout the Resort, Admiral Turcotte indicated the Patriotic Festival sent a sincere message of appreciation throughout the active duty community. In these times of conjlict, it is imperative to salute the troops and thank those who have given so much in the service of our Country, July 5, 2005 - 3 - CITY MANA GER'S BRIE F ING VIRGINIA BEACH PATRIOTIC FESTIVAL ITEM # 54113 (Continued) The Media supported the Patriotic Festival in an unprecedented manner. Over $1-MILLION in value for advertising was delivered through print and electronic media, With an 8-page newspaper pullout, live telecast from WTAR throughout the weekend, a significant ad schedule from Cox Media and radio promotions both "in and out of market", Virginia Beach received months of positive exposure in the press (even a complimentary editorial). When the City of Virginia Beach is shown on the FOX News channel throughout the nation, this type of publicity cannot be bought, The private sector supported the Patriotic Festival with over $400,000. in cash sponsorships and several hundred thousand dollars in-kind sponsorships. Wayne Newton honored a "real" hero from each branch of the Armed Services. Throughout the Festival, the real meaning of Memorial Day was elevated to a higher level. Positive feedback has also been received from the Police, Hotel/Restaurant community, as well as a host of citizens proud to be in Virginia Beach on Memorial Day Weekend. Mr. Ricketts advised 8,000 tickets were sold on the Internet, ofwhich 63% were sold to individuals outside the Hampton Roads area. $200,000 was from the Tourism Advertising and Contingency Fund from the event and thus non-refundable, $600,000 was from the General Fund. If this TAP funding would be participating next year, because of advertising received, it is suggested this funding could be decreased to $100,000, Bill Douthat, President - Whisper Entertainment Concerts, needs to review the entertainment and the gap in the "ticket sales ". The Rascal Flatts concert sold over 9,000 tickets while 10,000 in sales was projected. The "Headliner" acts were solid. The Patriotic Festival was very impressive and the support for the Military was evident. The staff will review the issues to determine closure of this gap and a public safety assessment will also be included prior to making a recommendation for 2006. Relative the parking lot shuttle, the loss was only approximately 'half predicted. $15,400 was projected re income; however, an income of $15,900 was realized. A record number of cars was parked at the Camp Pendleton lot. Salem High School placed very large banners depicting Military history at the Patriotic Festival. Mayor Oberndorf advised much of the usa show was brought in at Wayne Newton's expense, Mr. Gentile presented the Mayor a usa "Bomber Jacket" and a copy of the poster re the Virginia Beach Patriotic Festival inscribed: Presented to: Mayor Meyera E. Oberndorf City of Virginia Beach Thank you for your support, from the usa of Hampton Roads July 5, 2005 -4- CITY COUNCIL LIAISON REPORTS 3:38 P.M. ITEM # 54114 Mayor Oberndorf advised today, she had the opportunity to have a number of Retired Admirals for lunch who have made an extraordinary contribution not only to Virginia Beach but to the nation. The purpose of the luncheon was to create correspondence for their signatures to take to the BRAC (Base Realignment and Closure) Commission citing the importance of Ocean a remaining in the City. This correspondence was based on the most immediate information which appeared in the Virginian-Pilot this past weekend. Oceana is a critical neighbor for the City. ITEM # 54115 Council Members Wood and Schmidt, Liaisons to the Virginia Beach Performing Arts Theatre, distributed their report, which is hereby made a part of the record. Present Status November 1,2004: Notice to Proceed was issued to Clancy and Theys Construction Company January 2005: Formed Capital Campaign Steering Committee. Developed Campaign plan, timeline, roles and responsibilities of members. February, 2005 - March 2005: Update Business Plan/Activity Profile- completed April 1, 2005: Issued RFP for Programming and/or Management June 2005: Non-Profit Foundation awarded tax exempt status by Internal Revenue Service July 2005: Construction wall in place, site work (dewatering, dynamic compaction) Ongoing: Recruit members to Campaign Steering Committee and Honorary Advisory Committee. The Advisory Committee work in Design Review, Facility Usage and Public Awareness Near-future actions May 27,2005: Proposals due programmer/Management RFP July 12, 2005: Operating Agreement between City and Foundation to City Council Summer 2005: Selection of Programmer/Management RFP Summer 2005: Develop Capital Campaign and public relations materials Summer 2005 : Demolition of Pavilion Theatre By Fall 2005: Programmer/Management Contract Execution Summer 2007: Opening of new Performing Arts Theatre July 5, 2005 - 5 - CITY COUNCIL LIAISON REPOR TS ITEM # 54116 Councilman Villanueva advised on Thursday, June 30, 2005, a Minority & Woman Educational/Networking Event was scheduled at the Town Center City Club, This event was sponsored by the Minority Business Council, the Hampton Roads Chamber of Commerce and the Small Business Development Center of Hampton Roads, The guest speaker was Allegra McCullough, Associate Deputy Administrator of the Small Business Administration. Over one hundred (100) business representatives were in attendance, which was an excellent indication of the success of the business initiatives of the Minority Business Council, The new Minority Business Council Liaison was introduced: Barbara Booker- Williams, recently retired from the National Oceanic and Atmospheric Administration (NOAA), with over 25 years experience in Federal and State contracts. Mrs, Williams is a great asset to the City. ITEM # 54117 Mayor Oberndorf advised the Lynnhaven River is receiving excellent news coverage in the Virginian Pilot re the rehabilitation of the oysters and the success in filtering the waters. Councilman Schmidt, Liaison to the Lynnhaven River Watershed Restoration Study, advised the great leadership provided by Co-Chairs Andrew Fine and Harry Lester - Lynnhaven River 2007, and the energy of all Committee members. Mayor Oberndorf advised this City Council also showed leadership in assigning the City Manager to assist with this group, July 5, 2005 rl - 6- CITY COUNCIL COMMENTS 3:43 P.M. ITEM # 54118 Council Lady Wilson referenced the City's magnificent celebration of July 4th with the extraordinary fireworks display accommodated by beautiful weather. Mayor Oberndorf advised she spoke with three (3) young sailors who she assured the City would fight for "Oceana". The young service men were so complimentary relative the "free" entertainment and the fireworks, The Marshall Tucker band was performing. ITEM # 54119 Congressman Thelma Drake was in attendance during the Luncheon of July 4th and repeated the appreciation of citizens concerning Town Center and that they were grateful this City Council had the foresight to make the parking 'free", ITEM # 54120 Councilman Villanueva advised his goodfriend, Kate Barber - Co-Captain, USA National Field Hockey Team, extended an invitation. The City's Us. Field Hockey Training Facility will be hosting athletes (Representing Australia, Denmark, Japan, Spain, as well as other European countries) who will be participating in pre-qualifies for the Olympics and Pan-American Games. Mayor Oberndorf advised last year athletes from Ireland and Israel and a number of other nations attended. July 5,2005 - 7- AGENDA RE VIE W SESSION 3:47 P.M. ITEM # 54121 K.2, Ordinance to AUTHORIZE the City Manager to execute an agreement between the CA V ALlER HOTEL CORPORATION and the City in settlement of property disputes. Council Lady Wilson requested maps be provided relative the properties involved. The City Attorney advised these exhibits had previously been displayed. The maps will again be provided. ITEM # 54122 K.3, Resolution to AUTHORIZE the City's applicationfor allocation of$l-Million through the Virginia Department of Transportation (VDOT) 2005-2006 Revenue Sharing Program; and further, A UTHORIZE the City Manager to EXECUTE all necessary agreements for the project's development and construction. Council Lady McClanan advised this road (General Booth Boulevard/Oceana Boulevardlntersection) was not designed properly and now has to be corrected just a few years later, The access for a whole community was eliminated. However, there is no choice but to improve this Intersection. ITEM # 54123 K.5. Ordinance to ACCEPT andAPPROPRIATE $1,648,162 re fifty three (53) positions to the FY 2005-06 operating budget of the Clerk of the Circuit Court The City Manager advised the Clerk of the Circuit Court is one of thirty-five (35) Constitutional Officers statewide that is compensated directly from the State. The Compensation Board would like to change this funding arrangement so that all constitutional officers are paid in the same manner effective with the FY 2005-06 Operating Budget, This requires the City to appropriate the Clerk's fundingfrom the State Budget in the City Operating Budget, and the Compensation Board will reimburse the City, Even though the City will be appropriating the State Budget for the Clerk's Office, there will be no additional cost to the City, There are a total offifty-three (53) full time State positions supported by State revenue for the Clerk's Office. The State's anticipated FY 2005-06 Budgetfor the Clerk's Office is $1,648,162, This is in addition to the Clerk's City Operating Budget for FY 2005-06 of $877,177 (which includes five (5) City positions -four of which City Council added and are not included in these fifty-three requested), The Clerk of the Circuit Court is ill today and was unable to be in attendance. ITEM # 54124 BY CONSENSUS, thefollowingshall compose the CONSENT AGENDA: ORDINANCES/RESOLUTION K.1, Ordinance toAMENDandREORDAIN ~JO-1 of the City Code re changing Arrowhead and Upton Polling Precinct places. July 5, 2005 - 8- AGE N DA REV IE W S E S S ION ITEM # 54124 (Continued) K.2. Ordinance to AUTHORIZE the City Manager to execute an agreement between the CA V ALlER HOTEL CORPORATION and the City in settlement of property disputes, K.3. Resolution to AUTHORIZE the City's application for allocation of$l-Million through the Virginia Department of Transportation (VDOT) 2005-2006 Revenue Sharing Program; and further, A UTHORIZE the City Manager to EXECUTE all necessary agreements for the project's development and construction, K4. Ordinance to AUTHORIZE a temporary encroachment into a portion of the City's right-of way at 796 Newman Street by ROBERT Wand JOYCE C. MEEKER to construct and maintain a gravel access road and farm gate. (DISTRICT 7 - PRINCESS ANNE) K.5. Ordinance to ACCEPTandAPPROPRIATE $1,648,162 re jifty three (53) positions to the FY 2005-06 operating budget of the Clerk of the Circuit Court Council Lady McClanan shall vote a VERBAL NAY on Item K.4 (Meeker encroachment) July 5, 2005 - 9- AGE N DA REV I E W S E S S ION ITEM # 54125 L.1. Application of TOWN CENTER ASSOCIA TES, LLC for a Conditional Use Permit re multi-family dwellings on Independence Boulevard, Commerce Street, Market Street and Columbus Street, (DISTRICT 5 - LYNNHA VEN) NO ACTION is necessary as this application was heard and approved on June 28,2005. ITEM # 54126 M.1, Application of CHARLES H. and SANDRA T. DA WSON for a Chamze of Zoninz District Classification from 0-2 Office District to Conditional B-2 Community Business District at 138 South Rosemont Road (DISTRICT 3 - ROSE HALL) Council Lady McClanan recommended this item be DEFERRED for the Planning Commission to study placement of limousines, the sign and landscaping. ITEM # 54127 M,3. Ordinance to AMEND 9103 Subsection (b) of the City Zoning Ordinance (CZO) by REPEALING the Zoning Administrator's authority to grant variances to setbacks up to twenty jive (25) percent of the required amount. All such variances will now be heard by the Board of Zoning Appeals Karen Lasley, Zoning Administrator advised the Staff proposed this Amendment. Currently, the Zoning Administrator has the authority to grant administrative variances for up to 25% of a building setback required in the Zoning Ordinance. All adjacent property owners must be notified of each application and if there is any objection, the request is then heard by the Board of Zoning Appeals. State Code regarding such administrative variances was recently broadened and now allows administrative variances for all physical requirements in a zoning ordinance, including height, lot coverage, setbacks and floor area ratio. The new code requires the Zoning Administrator to make a decision regarding an application where there is an objection by any adjoining property owner, rather than send it to the Board of Zoning Appeals for a public hearing. If the Zoning Administrator rules in favor of the requested variance, the objecting citizen would have to pay a $200 fee and appeal the decision in order to have the case heard by the Board of Zoning Appeals, Councilman Wood will vote NA Y on this item. Deputy City Attorney William Macali advised as there are only a few of these variances a year, it will not make a major difference. This ordinance will remove the Zoning Administrator's authority to grant administrative variances and revert back to the decisions of the Board of Zoning Appeals. July 5, 2005 - 10- AGENDA RE VIE W SESSION ITEM # 54128 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: PLANNING M.1. ApplicationofCHARLESH. andSANDRA T. DAWSON for a Change of Zoning District Classification from 0-2 Office District to Conditional B-2 Community Business District at 138 South Rosemont Road (DISTRICT 3 - ROSE HALL) M.2, Application of EVERGREEN VIRGINIA, L.L.C. and CHECKERED FLAG MOTOR CAR COMPANY, INC. for a Conditional Use Permit for new and used motor vehicle sales at 5226 Virginia Beach Boulevard (DISTRICT 4 - BAYSIDE), M,3. Ordinance to AMEND ~103 Subsection (b) of the City Zoning Ordinance (CZO) by REPEALING the Zoning Administrator's authority to grant variances to setbacks up to twenty jive (25) percent of the required amount. All such variances will now be heard by the Board of Zoning Appeals Item M.1. shall be DEFERRED INDEFINITELY, BY CONSENT. Councilman Wood shall vote a VERBAL NAY on Item M.3. (AMEND ~J03 Subsection (b) of the CZO re Zoning Administrator's authority, July 5, 2005 - 11 - ITEM # 54129 Mayor Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended,for thefollowingpurpose: 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: Arts and Humanities Commission Beaches and Waterways Commission Eastern Virginia Health Systems Agency Investment Partnership Advisory Committee- PPEA Open Space Advisory Committee Towing Advisory Board Virginia Beach Community Development Corporation Evaluation of Council Appointees 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 2.2-3711(A)(3). Acquisition/Disposition of Property: Rose Hall District Upon motion by Councilman Wood, seconded by Vice Mayor Jones, City Council voted to proceed into CLOSED SESSION (4:02 P.M.). Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, James L. Wood, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Richard A, Maddox (Closed Session: 4:02 P.M. - 5:00 P.M.) (Dinner: (waited 5:00 - 5:30 P.M.) 5:30 P.M. - 5:58 P.M.) July 5, 2005 - 12- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL July 5, 2005 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, July 5, 2005, at 6:00 P.M, Council Members Present: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Richard A. Maddox INVOCATION: Rabbi Israel Zoberman Beth Chaverism Synagogue 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 identifying 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 identifying 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 ths disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. July 5, 2005 IT - 13- Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 54130 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, 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: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A, Maddox July 5, 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 # 54129, page 11, 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. ~~~.~ th Hodges mith, MMC City Clerk July 5, 2005 - 14 - Item V-F.1. MINUTES ITEM #54131 Upon motion by Councilman Schmidt, seconded by Vice Mayor Jones, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSION of June 28, 2005 Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A, Maddox July 5,2005 - 15 - Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM #54132 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION July 5, 2005 - 16- Item V-H. MAYOR'S PRESENTATION ITEM #54133 Mayor Oberndorf DECLARED A PUBLIC HEARING: ELECTION PRECINCT: Changes re Upton and Arrowhead There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING, July 5, 2005 - 17- Item V-L MAYOR'S PRESENTATION ITEM #54134 BACK BAY NATIONAL WILDLIFE REFUGE The Honorable Thelma Drake, United States Congress, presented the City of Virginia Beach, a check in the amount of $157,256.00. This payment represents Revenue Sharing in lieu of taxes. (Back Bay National Wildlife Refuge/ United States Fish and Wildlife Service. Congress Lady Drake also expressed appreciation to Jared Brandwein, Refuge Manger - Back Bay National Wildlife Refuge and Molly Brown, representing Friends of Back Bay. July 5, 2005 - 18- Item V-J. ORDINANCES/RESOLUTION ITEM # 54135 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED IN ONE MOTION Items 1, 2, 3, 4 and 5 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, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox Council Lady McClanan voted a VERBAL NAY on Item J4 (Meeker) July 5,2005 - 19- Item V-J.l. ORDINANCES/RESOLUTION ITEM # 54136 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Ordinance to AMEND and REORDAIN 910-1 of the City Code re changing Arrowhead and Upton Polling Precinct places Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox July 5, 2005 1- 1 AN ORDINANCE TO AMEND AND REORDAIN THE CITY 2 CODE BY CHANGING THE ARROWHEAD PRECINCT 3 POLLING PLACE AND THE UPTON PRECINCT POLLING 4 PLACE 5 6 SECTION AMENDED: ~ 10-1 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 10-1 of the City Code lS hereby amended and 12 reordained, to read as follows: 13 Sec. 10-1. Establishment of precincts and polling places. 14 There are hereby established in the city the following 15 precincts and their respective polling places, as set forth below: 16 Precinct Polling Place 17 Alanton Alanton Elementary School 18 Aragona Kemps Landing Magnet School 19 20 Arrowhead C~rrov B~ptiot Church Arrowhead Elementary School 21 Avalon Avalon Church of Christ 22 Baker Ebenezer Baptist Church 23 Bayside Bayside Elementary School 24 Bellamy Salem Middle School 25 Blackwater Blackwater Fire Station 26 Bonney Center for Effective Learning 27 Brandon Brandon Middle School 28 Brookwood Brookwood Elementary School 29 Buckner Holy Spirit Catholic Church 30 31 Cape Henry Research and Enlightenment Building (Edgar Cayce Library) 1 32 Capps Shop 33 Centerville 34 Chesapeake Beach 35 College Park 36 Colonial 37 Colony 38 39 Corporate Landing 40 Courthouse 41 Creeds 42 Cromwell 43 Culver 44 Dahlia 45 Davis Corner 46 Eastern Shore 47 Edinburgh 48 Edwin 49 Fairfield 50 Foxfire 51 Glenwood 52 Great Neck 53 Green Run 54 Holland 55 Homestead Back Bay Christian Assembly Centerville Elementary School Bayside Baptist Church College Park Elementary School Colonial Baptist Church Lynnhaven Church Colony Congregational Corporate Landing Middle School Courthouse Fire Station Creeds Fire Station Salem United Methodist Church Ocean Lakes High School Green Run High School Bettie F. Williams Elementary School Eastern Shore Chapel St. Aidan's Episcopal Church Kempsville Recreation Center Kempsville Presbyterian Church Princess Anne Middle School Glenwood Elementary School All Saints Episcopal Church Green Run Elementary School Holland Elementary School Providence Presbyterian Church 2 56 Hunt Princess Anne Recreation Center 57 Indian Lakes Indian Lakes Elementary School 58 Kings Grant St. Nicholas Catholic Church 59 Kingston Kingston Elementary School 60 Lake Smith Bayside Church of Christ 61 Landstown Landstown Community Church 62 Larkspur St. Andrews United Methodist Church 63 Linkhorn Virginia Beach Community Chapel 64 London Bridge London Bridge Baptist Church 65 Lynnhaven Grace Bible Church 66 Magic Hollow Roma Lodge No. 254 67 Malibu Malibu Elementary School 68 Manor Providence Elementary School 69 Mt. Trashmore Windsor Woods Elementary School 70 North Beach Galilee Episcopal Church 71 Ocean Lakes Ocean Lakes Elementary School 72 Ocean Park Bayside Community Recreation Center 73 74 Oceana Scott Memorial United Methodist Church 75 Old Donation Old Donation Center for Gifted 76 Pembroke Pembroke Elementary School 77 Plaza Lynnhaven Elementary School 78 79 Pleasant Hall Kempsville Baptist Church Pleasant Hall Annex 80 Point O/View Kempsville Church of Christ 3 81 Red Wing Birdneck Elementary School 82 Reon woodstock Elementary School 83 Rock Lake Salem Elementary School 84 Rosemont Forest Rosemont Forest Elementary School 85 Roundhill Salem High School 86 87 Rudee Virginia Beach Volunteer Rescue Squad Building 88 Sea tack Seatack Community Recreation Center 89 Shannon Church of the Ascension 90 Shelburne Christopher Farms Elementary School 91 Shell Unity Church of Tidewater 92 Shelton Park Shelton Park Elementary 93 Sherry Park St. Matthews Catholic Church 94 Sigma Red Mill Elementary School 95 South Beach Contemporary Art Center of Virginia 96 Stratford Chase Community United Methodist Church 97 Strawbridge Strawbridge Elementary School 98 Tallwood Tallwood Elementary School 99 Thalia Thalia Elementary School 100 Thoroughgood Independence Middle School 101 Timberlake White Oaks Elementary School 102 Trantwood Virginia Beach Christian Church 103 104 Upton St. John the ~pootle C~tholic Church Three Oaks Elementary School 105 Village Thalia Lynn Baptist Church 4 106 107 108 109 110 111 112 Windsor Oaks Witchduck Wolfsnare Central Absentee Voter Precinct Windsor Oaks Elementary School Bayside Presbyterian Church Virginia Beach Christian Life Center Agriculture/Voter Registrar Building Adopted by the City Council of the City of Virginia Beach, Virginia, on this 5th day of July APPROVED AS TO CONTENTS: Voter CA9662 PA/GG/ORDRES/Proposed/10-1 R-2 June 22, 2005 , 2005. APPROVED AS TO LEGAL S~lJiJt rt1 /bJ City Attorne~s Office Polling Locations ORD 5 -, - 20- Item V-J.2. ORDINANCES/RESOLUTION ITEM # 54137 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Ordinance to A UTHORIZE the City Manager to execute an agreement between the CAVALIER HOTEL CORPORATION and the City in settlement of property disputes. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter W Schmidt, RonA. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A, Maddox July 5, 2005 II 1 AN ORDINANCE TO APPROVE AN AGREEMENT 2 BETWEEN THE CAVALIER HOTEL 3 CORPORATION AND THE CITY OF VIRGINIA 4 BEACH 5 BE IT ORDAINED THAT THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 That an UAgreement" , dated as of May 2, 2005, between the 8 Cavalier Hotel Corporation and the City of Virginia Beach settling 9 property disputes between the parties, a summary which is attached 10 hereto, is hereby approved and the City Manager is authorized and 11 directed to execute same on behalf of the City. Adopted by the City Council of the City of Virginia Beach this 5th day of .Tll 1 Y , 2005. CA9666 P&A\GG\OrdRes\Cavalier.ORDvl.doc R-4 June 23, 2005 APPROVED AS TO CONTENT: City OC;;Sls1!fl ~ 1 Summary of Settlement between the Cavalier Hotel Corporation and the City of Virginia Beach Boundary Line Agreement and Quitclaim Deed · Cavalier Hotel Corporation (the Cavalier) quitclaims any interest it may have in the sandy beach between the existing hurricane protection wall and mean low water of the Atlantic Ocean, thereby confirming this area as a public beach area. · City of Virginia Beach (City) quitclaims any interest it may have in the area between the existing hurricane protection wall running westerly to the face of the old bulkhead, a physical barrier in existence prior to construction of the hurricane protection wall subject to certain easements benefiting the City. This area is a band of property running north to south being approximately 93' wide at the north boundary of the Cavalier property and 88' wide at the south end of the Cavalier property. Exchange of Property · Affirmation of an exchange of property in 1995 permitting the realignment and construction of Atlantic Avenue; whereby, the Cavalier provided property for the reconstruction and realignment of Atlantic Avenue at its intersection with the Cavalier and the City and State vacated and released to the Cavalier the right-of-way of former Atlantic A venue at its intersection with the Cavalier Hotel. Easements · The Cavalier provides an easement for a pedestrian plaza on the west side of Atlantic Avenue between the old and new Cavaliers. · The Cavalier provides a drainage easement on the north side of the Cavalier property adjacent to 42nd Street on the western portion of its property. Release of Claims · The Cavalier releases any claims it may have in association with lost revenues or property damage as a result of the construction of the hurricane protection wall and 42nd Street pump station, and the beach replenishment project. Other Matters · The public beach area: V' The City will provide lifeguard service and the Cavalier will retain the right to rent beach equipment from this same area · The area between the new hurricane protection wall and the former bulkhead adjacent to the Cavalier: o The Cavalier will be permitted to construct permanent structures in that area as follows, from east to west: · In the first 25', only ground level structures with approval of the City Manager · In the next 22.5' westward, only structures not exceeding 25' in height · The remaining portion westward to the old bulkhead boundary has no structure height restrictions except that all structures must meet the requirements of the zoning ordinance, and o in the first 66.5' from the north, structures are limited to 35' in height; o in the first 99' from the south, structures are limited to 35' III height. END - 21 - Item V-J.3. ORDINANCES/RESOLUTION ITEM # 54138 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Resolution to A UTH ORIZE the City's application for allocation of$l- Million through the Virginia Department of Transportation (VDOT) 2005-2006 Revenue Sharing Program; andfurther, AUTHORIZE the City Manager to EXECUTE all necessary agreements for the project's development and construction Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox July 5, 2005 1 2 3 4 A RESOLUTION FOR APPROVAL TO APPLY FOR PROJECT MATCHING FUNDS UNDER THE EXPANDED VDOT REVENUE SHARING PROGRAM 5 WHEREAS, the City Council of Virginia Beach desires to submit 6 an application for an allocation of funds of up to $1.0 Million 7 through the Virginia Department of Transportation Fiscal Year 2005- 8 2006, Revenue Sharing Program; and, 9 WHEREAS, $1.0 Million of these funds will be requested to fund 10 two intersection improvement projects: the General Booth 11 Boulevard/Oceana Boulevard intersection and the Bonney 12 Road/Kentucky Road intersection. 13 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 1. The City Council hereby supports this application for an 16 allocation of $1.0 Million through the Virginia Department of 17 Transportation Fiscal Year 2005-2006 Revenue Sharing Program. 18 2 . The City Manager is hereby authorized to execute on 19 behalf of the City of Virginia Beach all the necessary agreements 20 for project development and construction. 21 22 Adopted by Virginia, on the the 5th Council of the day of July City of Virginia , 2005. Beach, APPROVED AS TO CONTENT: APPROVED AS SUFFICIENCY AND LEGAL De~~UbliC / Works ( Attorney's Office CA9661 PA/GG/ORDRES/VDOT Revenue Sharing ORD R-2 June 22, 2005 II I I -...... -...... ,/ II I I <'--" <--... -...... -...... tz.J ( t--. II II -., Ij r---......-...... ){>C/,AI J ( C::-.:J ~.:J II I I II c:;, -...... -..., ~ ' V/~ ~ t-- -...... C.0 I I ~ (Q-:--- '" ~I "( ~ ~C~ ~:--, II II / 1 >- I~---....: ~<'# <::'-....., f \. J ~U --- -....: vD :--.. -...... <::'-....., ",I I -h (r- - ./,Lro/ J I ( -...... -...... ::: "" . -...... -...... _J ~"I I \.-...... ~-......~-------r) 'l ~ i ~ -......~ I I:::c: 'I........ {' -:::::; -...... -...... .... ,/' ..l.J I 1----- -...... -...,7 ;'1 ~ "" "" _:2: .., {L-J G \. '_-""" r- J --' '-.. / \r-~ ~ ~ / / 1 'J '/' r - - / I : I _\ ~ ~ - J;--- c:::~-~') r- __- -1- 2; II ( 1 -~ -, I I \J\ r_~ 1__ .: - /' II J~ I _ ,-~-, J l r-sJ I ~, [ru l;'~.........l 0 "'" ",:: ~ __ J BONNEY RD. r:::r ~ r-; = I 1 ~ ~. ':.. rt- - \ 1~-<:' ~ I-}_ r-O ~\J _ 'III -\J-~ - 1 ~r I \ -,...., - - - I 1 -d.. t/ 1\ - -Z - - - 1'":5--- \1\\ --L --1.... - ..., \ I '\"',--,-r---.. /JI/' CJ) ~= =~~ ~ ~ -~ ~'11r_ ) '------J / ") '\ . ~_ - l..- D L-- W-- '::;z"_/,,,I "- ~'--_-...... ("''\\ \\ ~ n-=- -:. q ::0_ ~-~ I" ""'(~t- c5 .-/ '\ 0 Z .-- - ~ )> .... '( T ~ _ .-/ .-/ '\ \\ \ 0 -1 :: ~ l = t:. :::r: pU LLEY C . - rJ \ \1 leD - _ - '-)>':.. l- - ~ I II I 19 V""- - ~ Ll~ r1 J -J J:1D~ / II. r ~- I V< r-- J r-'I "'-'-.)'- \~ 1\ ! pl'- IS....., ~ I -~ ,--' '""'1 -L n t-- l 'L i 0 { \. _ -1- ~ -- ....oW~ -m -r J,J j I ~{rFlRST~" \>>~ED,l' J .1 L ~ :t ~ L- i-' \ I' 1- , . \; r-' U. 1: LE - I \J ~ - ~t Lyt'-' L :. L rr _ ~ l8- l' / 72fl - r--r ( "-'-' -! - - -0-, I _ - [\1- ~ HI LI v - 1-1": 'i.... ,.;1 ~ l ~ (c=2c-~? I 0 IU~ ~t'rr{;cP ~D1 :f1,:~-' ~t ~I ,I, \ _ - \ 0 l~, \ f, 1 r J ~:\tJ1 MAP FOR ~ KENTUCKY AVE. ~ !\ SCALE: 1" - 200' ~..4 I- '\~;......~ "I. r--..::::; L ........ "( \ 5 ---'u I~ Ig: b/ --- - ~ l r \ /' I \\z~\ :l \ ) ( ./ l'--..J ~~ r..rL J./ 1 ~ SOUTHERN BLVD. r------, ~ LOCA liON BONNEY RD @ BONNEY RD @ KENTUCKY AVEooDGN M.I.S. PREPARED BY P,.W ENG, CADD DEPT, JUNE 16, 2005 l::::; 0/( z.. V( r-.. V' ...J '-J ) j' /j' r- " / ~' <:/ o o <>0 00 00 <:>0 <:>0 o r--/ Ir-- ''-, o( I J o I I I I l-.-! <> LOCATION MAP FOR GENERAL BOOTH BLVD. @ OCEANA BLVD. SCALE: 1" = 400' GENERAL BOOTH @OCEANA BLVD.DGN M,J,S, PREPARED BY Piw ENG, CADD DEPT. JUNE 16, 200S - 22- Item V-J.4. ORDINANCES/RESOLUTION ITEM # 54139 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Ordinance to A UTHORIZE a temporary encroachment into a portion of the City's right-of way at 796 Newman Street by ROBERT W. and JOYCE C. MEEKER to construct and maintain a gravel access road and farm gate. (DISTRICT 7 - PRINCESS ANNE) The following conditions shall be required: 1. The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval. 2. The applicant shall provide the City Department of Public Works/Operations Management, 3556 Dam Neck Road, Virginia Beach, Virginia 23456 with a key to the lock on the farm gate for its use when any access is necessary for maintenance work within the (60 ') sixty-foot City drainage easement. 3. 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. 4. 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, 5. No permission or authority is given to the applicants 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. 6. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 7. The applicant must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within the encroachment area. July 5,2005 - 23- Item V-J.4. ORDINANCES/RESOLUTION ITEM # 54139 (Continued) 8. 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, 9, The applicant must submit for review and approval, a survey of the encroachment area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the temporary encroachment, sealed by a registered professional engineer, if required by the City Engineer's Office. 10. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof . to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant for the use of 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: 9-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: Richard A. Maddox July 5, 2005 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO A 5 PORTION OF THE CITY'S 60' DRAINAGE 6 EASEMENT LOCATED WITHIN THAT 7 PROPERTY KNOWN AS 796 NEWMAN 8 STREET BY ROBERT W. MEEKER, 9 JOYCE C, MEEKER and APC REALTY & 10 EQUIPMENT CO., LLC, A DELAWARE 11 LIMITED LIABILITY COMPANY DBA 12 SPRINT SPECTRUM, THEIR HEIRS, 13 ASSIGNS AND SUCCESSORS IN TITLE 14 15 WHEREAS, ROBERT W. MEEKER, JOYCE C. MEEKER and APC REALTY & 16 EQUIPMENT CO., LLC, a Delaware limited liability company dba SPRINT SPECTRUM, desire 1 7 to construct and maintain a gravel access road and farm gate into the City's 60' drainage 18 easement which crosses the rear portion of their property located at 796 Newman Street, 19 Virginia Beach, Virginia 23453-3316 (GPIN 1496-53-7871) for access and support of an 20 adjacent cellular tower. 21 WHEREAS, City Council is authorized pursuant to SS 15.2-2009 and 15.2-2107, 22 Code of Virginia, 1950, as amended, to authorize a temporary encroachments upon the City's 23 easements subject to such terms and conditions as Council may prescribe. 24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 That pursuant to the authority and to the extent thereof contained in SS 15.2- 27 2009 and 15.2-2107, Code of Virginia, 1950, as amended ROBERT W. MEEKER, JOYCE C. 28 MEEKER and APC REALTY & EQUIPMENT CO., LLC, a Delaware limited liability company 29 dba SPRINT SPECTRUM, their heirs, assigns and successors in title are authorized to 30 construct and maintain a temporary encroachment for a gravel access road and farm gate into 31 the City's 60' drainage easement as shown on the plat entitled: "SPRINT N060XC602 32 L YNNHAVEN CO-LOCATION 796 NEWMAN ST VIRGINIA BEACH, VA 23453", a copy of 33 which is on file in the Department of Public Works and to which reference is made for a more 34 particular description; and 35 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly 36 subject to those terms, conditions and criteria contained in the Agreement between the City of 37 Virginia Beach and ROBERT W. MEEKER, JOYCE C. MEEKER and APC REALTY & 38 EQUIPMENT CO., LLC, a Delaware limited liability company dba SPRINT SPECTRUM, (the 39 "Agreement") which is attached hereto and incorporated by reference; and 40 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 41 hereby authorized to execute the Agreement. 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 43 time as ROBERT W. MEEKER, JOYCE C. MEEKER and APC REALTY & EQUIPMENT CO., 44 LLC, a Delaware limited liability company dba SPRINT SPECTRUM, and the City Manager or 45 his authorized designee execute the Agreement. 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the 5th day 47 of July ,2005. 48 49 CA- 9535 50 PREPARED: May 12, 2005 51 F;IData/ATYlordin/NONCODE/PW ORDINICA9535 Meeker.do~P 52 53 54 55 56 57 58 59 60 61 62 APPROVED AS TO LEGAL SUFFICIENCY AND FORM 2 / l I PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE I I I EXEMP1ED FROM RECORDATION TAXES I UNDER SECTION 58.1-81 I (e) (3) I i I THIS AGREEMENT, made this 21st day of March I between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, I I "City", and ROBERT W. MEEKER, JOYCE C. MEEKER and APC REALTY & EQUIPMENT I I I CO., LLC, a Delaware limited liability company dba SPRINT SPECTRUM, THEIR HEIRS, I ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. I , I I I I land designated and described as "Lot 29, Block E, Lamplight Manor, Section 2" and being II further designated and described as 796 Newman Street, Virginia Beach, Virginia 23453-3316; j I WHEREAS, it is proposed by the Grantee to construct and maintain a gravel I access road and farm gate, "Temporary Encroachment", in the City of Virginia Beach; I I necessary that the Grantee encroach into a portion of an existing 60' City drainage easement, 1 l "The Encroachment Area"; and I , 2005, by and WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of ' WHEREAS, in constructing and maintaining the Temporary Encroachment, it is WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to GPIN 1496-53-7871 l j the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "SPRINT N060XC602 L YNNHA YEN CO-LOCATION 796 NEWMAN ST VIRGINIA BEACH, V A 23453" 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 Grantee shall provide the .1 City of Virginia BeachlDepartment of Public Works/Operations Management, 3556 Dam Neck II Road, Virginia Beach, V A 23456 with a key to the lock on the farm gate for its use when any II access is necessary for maintenance work within the 60' City drainage easement Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from The Encroachment Area in the event of an emergency or public necessity. 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) I 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 I removal. ! I It is further expressly understood and agreed that the Grantee shall indemnify and I Ihold harmless the City, its agents and employees, from and against all claims, damages, losses j i 2 I' 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. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor ] I II to permit the maintenance and construction of any encroachment by anyone other than the i I -! I i I Grantee. J I j I II II the Temporary Encroachment so as not to become unsightly or a hazard. II It is further expressly understood and agreed that the Grantee must obtain a permit Ii II from the Office of Planning Department prior to commencing any construction within The I Encroachment Area. I I I I I keep in force all-risk property insurance and general liability or such insurance as is deemed I necessary by the City, and all insurance policies must name the City as additional named insured It is further expressly understood and agreed that the Grantee agrees to maintain It is further expressly understood and agreed that the Grantee must obtain and 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 j policy or policies, The Grantee will provide endorsements providing at least thirty (30) days I j written notice to the City prior to the cancellation or termination of, or material change to, any of I the insurance policies, The Grantee assumes all responsibilities and liabilities, vested or I contingent, with relation to the Temporary Encroachment. I I It is further expressly understood and agreed that the Grantee must submit for I review and approval, a survey of The Encroachm ent Area, certified by a registered professional I 3 I - engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. I I such authority and permission so granted, may remove the Temporary Encroachment and charge I I I the cost thereof to the Grantee, and collect the cost in any manner provided by law for the I I collection of local or state taxes; may require the Grantee to remove the Temporary I Encroachment; and pending such removal, the City may charge the Grantee for the use of The It is further expressly understood and agreed that the City, upon revocation of 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 I I ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One I i Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, ROBERT W. MEEKER and JOYCE C. MEEKER the said Grantee have caused this Agreement to be executed by their signatures. 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. IN WITNESS WHEREOF, the said APC REALTY & EQUIPMENT CO., LLC, a Delaware limited liability company dba SPRINT SPECTRUM has caused this agreement to be 1 executed by THOMAS KINCAID, as Site Development Manager, with due authority to bind , I . said limited liability company. Further, that the City of Virginia has caused this agreement to 4 I 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 I (SEAL) I ATTEST: I I I , By City Manager/Authorized Designee of the City Manager City Clerk , I II I' ~J ROBERT W. MEEKER ~I/ e. ~CSEAL) c::f6y C. MEEKER (SEAL) APC REALTY & EQUIPMENT CO., LLC, ~.~ D~elaware limited liability company dba ~~f':T SPECTRUM / .-elf) \~.. By: . C.":' ~'/"'-) (SEAL) ''"-.. I ~ THOMAS KINCAID, Site Development Manager 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of I I , 2005, by I, ! I i i DESIGNEE OF THE CITY MANAGER. II 11 i I Ii , I I , CITY MANAGER/AUTHORIZED Notary Public My Commission Expires: The foregoing instrument was acknowledged before me this day of , 2005, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA I ! BEACH. Notary Public My Commission Expires: STATE OF V,rq \V't'Q, I CITY/COUNTY of< 'I.- c-1\V),\Q. ~ , to-wit: I The foregoing instrument was acknowledged before me this J ~ day of I i 11th" I , , 2005, by ROBERT W. MEEKER. i I II My Commission Expires: I tJ/3I / dl. Ii 4 ~ l/ H j ij q j Ii I; ~jt~ Notary Public 6 , ! I ,STATE OF V,rg"nitt . , . CITY/COUNTY OF Vir~rnra 'Mto-wit: I I The foregoing instrument was acknowledged before me this I JipV't } I I I i , I~ day of , 2005, by JOYCE C. MEEKER. , I My Commission Expires: {~J {j/JI. ~u 4, j1~ Notary Public STATE OF t-vw.~ CITY/COUNTY oF' I~S.-..- , to-wit: The foregoing instrument was acknowledged before me thiscll1 day of 'l}J ~ , 2005, by THOMAS KINCAID, Site Development Manager, on be~lf of APC REALTY & EQUIPMENT CO" LLC, a Delaware limited liability company dba pT SPECTRUM , . ." . . cd. ~ ~~ I -.#- ~ otary Public My Commission Expires: NANCY Eo HANER Notary Public. State of New Jersey No. 2223672 Commission Expires March 25. 2009 APPROVED AS TO LEGAL SUFFICIENCY ~ APPROVED AS TO CONTENT ~ C2fM" .. '/)E..S, . ~4,,--- TY REAL ESTATE AGENT 7 tJ \.:j<: Cj'l: -.-J-.-J Cci~ ~ ,~ II c::, "J't- ~. .C\i CDI II II ~~ ~Lw cjcj I ~~ CSQ::~ f- O? z~w 0::::_5 o.....-JO (/)f-f- w:Jo o'-.....f- _(/)"--" 5~f- - U Z OUW N<(2 W 5(/)(/) wu<( zo...w <: c::, Cl llJ ~Cl::::f-...~ ~ ~ C5 ~~ 2Cl~~C5 Cllf)--LC GssL5~><; L.,j \\~0 ~ )"J't- II Cj llJ ~ ~~~ II f-... 't- \D Cl::::--~ L,J -- II ~ ~ CtJ Q::\.:jCj 120' rr Lw c::, Cj llJ 0--... f-... ~ :S::Lw<:~ , ~ L.,J _ "- c::,~~~ C\:-......ltJ__ ~lf)CtJ GsCjL5 ~ -z '" /f//Y:t0> tY "" /tt-.), :(s ~/V EXHIBIT A o ~ - - 50' - 1"=50' CLARK+NEXSEN 5510 Cberokee Ave,. Suite 230 Alexandria, V/rgtnta 22312 7031256-3344 DATE Fax 7031256-6622 bttp;/Iwww,c/arknexsen.com 1 12 05 1 25 05 SUBMITTALS DESCRIPTION EXHIBIT A EXHIBIT A Architecture & Engineering DWG. NO. DESIGNED: SPP TTY DATE: 3/18/04 SK-1 DRAWN: MM JOB NO.: 1889.2(C) SHT 1 OF 1 CHECKED: RWR SCALE: NO SCALE ~ I ~~ I ~ Cj ~Q5 [ ~~ 100' REV. o 1 ..... ..... / I I I I ,--..., LL (f) f- ZN W 20) W><;j- I l...L..UX OdO <( 0:::: 0:::: WUo... O::::Zo... <( W ;:S (3 200' I Sprint N060XC602 L YNNHAVEN CO-LOCATION 796 NEWMAN ST VIRGINIA BEACH, VA 23453 CHERI.DGN M.j.S, , , , , , , , , l , ' " ......... , ' , " , , I' '...... " ........ , , , .............. , ......./ --- ,T----------__.. ;' , , , , , , ,'i ,'/ LOCATION MAP PROPOSED GRAVEL ACCESS ROAD AND FARM GATE ENCROACHMENTS INTO CITY'S 60' DRAINAGE EASEMENT FOR ROBERT W. MEEKER, JOYCE C. MEEKER AND APC REALTY & EQUIPMENT CO., LLC (DBA SPRINT SPECTRUM) SCALE: 1" = 200' PREPARED BY pm ENG, CADD DEPT. MAY 12, 2005 -T - 24- Item V-J. 5. ORDINANCES/RESOLUTION ITEM # 54140 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Ordinance to A CCEPTandAPPROPRIATE $1,648,162 refiftythree (53) positions to the FY 2005-06 operating budget of the Clerk of the Circuit Court Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Mayor Meyera E. OberndorJ, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox July 5, 2005 l 1 2 3 4 5 6 AN ORDINANCE TO ACCEPT AND APPROPRIATE $1,648,162 AND APPROVE 53 POSITIONS IN THE FY 2005-06 OPERATING BUDGET OF THE CLERK OF THE CIRCUIT COURT WHEREAS, the State of Virginia Compensation Board has 7 requested a change in the compensation format for the Clerk of 8 the Circuit Court. 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 10 OF VIRGINIA BEACH, VIRGINIA: 11 1. That $1,648,162 in additional State revenue is hereby 12 accepted and appropriated in the FY 2005-06 Operating Budget to 13 cover the cost of salaries and fringe benefits for the Clerk of 14 the Circuit Court and the Clerk's staff with State revenue 15 increased accordingly. 16 2 . That 53 full-time positions are hereby authorized in 17 the Clerk of the Circuit Court's FY 2005-06 Operating Budget. 18 19 Adopted by the Council of the City of Virginia Beach, 20 Virginia on the 5th day of July , 2005. APPROVED AS TO CONTENT: j)W'v~ Q ~ Management Services APPROVED AS TO /' (' City Attorney's Office CA9665 R-2 June 23, 2005 H:\P&A\GG\Ord&Res\Proposed\Circuit Ct FY05-06 Appropriation.doc I FYOO BUDGET ESTIMATES FOR AS REQUIRED BY SECTION 15.2-1636.8,CODE OF VIRGINIA FIPS - 810 LOCALITY - Virginia Beach OFFICER - Clerk IOFFICER'S SALARY 1ST AFF SALARIES ITEMPORARY BASE ITOTAL SALARIES IFRINGE BENEFITS IOFFICE EXPENSE BASE IF. Y06 BUDGET ESTIMATE STATE FUNDS http://www.scb.state.va.us/fyest321.cfm?loc=81 0&off=32I IBUDGETEDI ]1 123,2231 ] 1,461,2231 ]1 2,5961 ] 1,587,0421 ] 61,1201 ] 01 I 1,648,162] Page 40f4 6/22/2005 I - 25 - Item V-L.1. PLANNING ITEM # 54141 NO ACTION NO ACTION, as the City Council heard and ADOPTED the Ordinance upon application of TOWN CENTER ASSOCIA TES, L.L. C. for a Conditional Use Permit on June 28, 2005. Application of TOWN CENTER ASSOCIATES, LLC for a Conditional Use Permit re multi-family dwellings on Independence Boulevard, Commerce Street, Market Street and Columbus Street. (DISTRICT 5 - LYNNHAVEN) July 5, 2005 - 26- Item V-M. PLANNING ITEM # 54142 1. CHARLES H. AND SANDRA T. DA WSON 2. EVERGREEN VIRGINIA, L.L.c. and CHECKERED FLAG MOTOR CAR COMPANY, INC. 3. CITY ZONING ORDINANCE CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT AMEND 9103 Subsection (b)by REPEALING the Zoning Administrator's authority to grant variances to setbacks up to twenty jive (25) percent of the required amount. All such variances will now be heard by the Board of Zoning Appeals July 5, 2005 -27- Item V-M. PLANNING ITEM # 54143 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED IN ONE MOTION Items 1 (DEFERRED), 2 and 3 of the PLANNING BY CONSENT AGENDA. Item 1 was DEFERRED INDEFINITELY, BY CONSENT. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox Councilman Wood voted a VERBAL NAY on Item M.1. (AMEND CZO) July 5, 2005 - 28- Item V-M.l. PLANNING ITEM # 54144 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council DEFERRED INDEFINITELY Ordinance upon application of CHARLES H. and SANDRA T. DAWSON for a Conditional Chanee of Zoning District Classification: ORDINANCE UPON APPLICATION OF CHARLES H. DA WSON AND SANDRA T DA WSON FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-2 TO CONDITIONAL B-2 Ordinance upon Application of Charles H. Dawson and Sandra T Dawson for a Change of Zoning District Classification from 0-2 Office District to Conditional B-2 Community Business District on property located at 138 South RosemontRoad (GPIN 14876332370000). The Comprehensive Plan designates this site as being part of the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. DISTRICT 3 - ROSE HALL This DEFERRAL will enable the Planning Commission to study placement of limousines, the sign and landscaping. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox July 5, 2005 T - 29- Item V-M.2. PLANNING ITEM # 54145 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED an Ordinance upon application of EVERGREEN VIRGINIA, L.L.c. and CHECKERED FLAG MOTOR CAR COMPANY, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF EVERGREEN VIRGINIA, L.L.C AND CHECKERED FLAG MOTOR CAR COMPANY, INC FORA CONDITIONAL USE PERMIT FOR NEW AND USED MOTOR VEHICLE SALES R0760531258 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Evergreen Virginia, L.L. C and Checkered Flag Motor Car Company, Inc. for a Conditional Use Permit for new and used motor vehicle sales on property located at 5226 Virginia Beach Boulevard (GPIN 14676698500000), DISTRICT 4 -BAYSIDE The following conditions shall be required: 1, The applicant shall submit a landscape plan for street front landscaping alongfrontage of this site to the Department of Planning for review and approval within sixty (60) days of the date of approval of the Conditional Use Permit, 2. On-site vehicle maintenance is permitted as an accessory use only for light mechanical work wholly within the building. Light mechanical work consists mainly of such things as fixingflat tires, replacing tires, windshield wipers, belts as needed. No outdoor storage of parts, tires or equipment is allowed 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 Fifth of July, 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, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox July 5, 2005 -r - 30- Item V-M.3. PLANNING ITEM # 54146 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Ordinance to AMEND ~103 Subsection (b) of the City Zoning Ordinance (CZO) by REPEALING the Zoning Administrator's authority to grant variances to setbacks up to twenty five (25) percent of the required amount, All such variances will now be heard by the Board of Zoning Appeals Voting: 9-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: James L. Wood Council Members Absent: Richard A. Maddox July 5,2005 1 2 3 4 5 6 AN ORDINANCE TO REPEAL SECTION 103(b) OF CITY ZONING ORDINANCE, PERTAINING TO GRANTING OF ADMINISTRATIVE VARIANCES BY ZONING ADMINISTRATOR THE THE THE REPEALED: Section 103(b) 7 WHEREAS, the public necessity, convenience, general welfare 8 and good zoning practice so require; 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 That Section 103 of the City Zoning Ordinance is hereby 12 amended and reordained, to read as follows: 13 Sec. 103. Administration. 14 (a) The zoning administrator shall have all necessary 15 authority on behalf of the city council to administer and 16 enforce this ordinance, including the ordering in writing of the 17 remedying of any condition found in violation of this ordinance, 18 and the bringing of legal action to ensure compliance with this 19 ordinance, including injunction, abatement or other appropriate 20 action or proceeding authorized by this ordinance or the laws of 21 this state. 22 (b) {Reserved} . 23 (b) Upon ~pplic~tion, the zoning ~dminiotr~tor m~y gr~nt ~ 24 v~ri~nce up to t~enty five percent (25%0 of the required ~mount 25 from ~ny building oetb~ck requirement cont~ined in the zoning 26 ordin~nce, if the ~dmini:Jtr~tor find:J in \Jri ting th~t (i) the l 27 otriet .:tpplie.:ttion of the ordin.:tnee \;ould produce undue 28 h.:trdohip; (ii) ouch h.:trdohip io not oh.:tred gener.:tlly by other 29 propertieo in the o.:tme zoning diotriet .:tnd the o.:tme 7ieini ty, 30 .:tnd (iii) the .:tuthoriz.:ttion of the "v..:tri.:tnee \;ill not be of 31 oubot.:tnti.:tl detriment to the .:tdj.:teent property .:tnd the eh.:tr.:teter 32 of the zoning diotriet ',Jill not be eh.:tnged by the gr.:tnting of the v.:tri.:tnee. Such .:tpplie.:ttion oh.:tll be .:teeomp.:tnied by .:t fee of 33 34 t~o hundred doll.:tro ($200.00). Prior to the gr.:tnting of .:t 35 v.:tri.:tnee, the zoning .:tdminiotr.:ttor oh.:tll gi7e .:tll .:tdjoining 36 property o~nero ~ritten notice of the requeot for 7.:tri.:tnee, .:tnd 37 .:tn opportunity to reopond to the requeot ',;ithin t,;enty one (21) 38 d.:tyo of the d.:tte of the notice. If .:tny .:tdjoining property o~ner 39 objeeto to o.:tid requeot in ',;riting ',;ithin the time opeeified 40 .:tbove, the requeot oh.:tll be tr.:tnoferred to the Bo.:trd of Zoning 41 ^ppe.:tlo for deeioion. 42 43 Adopted by the City Council of the City of Virginia Beach, 44 Virginia, this 5th day of July, 2005. 2 CA-9613 R-2 H:\OID\Ord&Res\Proposed\Section 103(b) of the CZO.doc May 13, 2005 APPROVED AS TO CONTENT: APPROVED AS TO ~ 3 IENCY: Item V-N.1. - 31 - APPOINTMENTS ITEM # 54147 BY CONSENSUS, City Council RESCHEDULED: BEACHES and WATERWAYS COMMISSION EASTERN VIRGINIA HEALTH SYSTEMS AGENCY INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA July 5, 2005 - 32- Item V-N.2. APPOINTMENTS ITEM # 54148 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: K. Edwin Brown Unexpired Term to 6/30/07 ARTS and HUMANITIES COMMISSION Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox July 5, 2005 I I - 33- Item V-N.3. APPOINTMENTS ITEM # 54149 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Ruth Brooks Unexpired Term to 05/31/07 OPEN SPACE ADVISORY COMMISSION Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox July 5, 2005 - 34- Item V-N.4. APPOINTMENTS ITEM # 54150 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Maury E. Bailey Unexpired Term to 12/31/06 TOWING ADVISORY BOARD Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A, Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Richard A, Maddox July 5, 2005 --r-- - 35 - Item V-N.5. APPOINTMENTS ITEM # 54151 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Brian V. Camden Unexpired Term to 12/31/07 VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox July 5,2005 - 36- Item V-Q. ADJOURNMENT ITEM # 54152 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:07 P.M. ~~ () y~/~ ~~~--- ----------------- Beverly 0. ooks, CMC Chief Deputy City Clerk q~d~w uth Hodges Smith, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia After ADJOURNMENT, Public Comments relative Non Agenda Items were heard July 5, 2005 - 37- PUBLIC COMMENTS Non Agenda Items Kenneth Pravetz, 4305 Shrew Trail, Phone: 416-1120 (Cell: 641-1110), President - Virginia Beach Professional Fire Fighters, introduced himself as the successor to William Bailey. Mr. Pravetz extended appreciation to the City Council for their vote re applyingfor the Federal grant concerning "4 man staffing" on fire trucks, Mr. Pravetz requested the issue of pay compression continue to be addressed, maintaining pay parity between Police and Fire Fighters, and continue to move towards the recommendations in the staffing referenced in the Employment Survey completed by the Fire Department. These recommendations included additional ladder companies, heavy rescues and engine companies, Mr. Pravetz looks forward to working with City Council to correct the Holiday Pay inconsistency. July 5, 2005