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HomeMy WebLinkAboutMAY 8, 2001 MINUTESCi CITY COUNCIL MAYOR MEYERA E OBERNDORF, At-Large VICE MAYOR WILLIAM D SESSOMS, JR, At-Large LINWOOD 0 BRANCH, 111, Beach -Dtstrtct 6 MARGARET L. EURE, Centervdle -Dtstrtct 1 WILLIAM W. HARRISON, JR, Lynnhaven -Dt$tnct $ BARBARA M HENLEY, Princess Anne -Dtstnct ? LOUIS R JONES, Baysgde -Dtstnct 4 REBA S McCLANAN, Rose Hall -Dtstnct $ ROBERT C MANDIGO, JR, Kempsville . D~stnct 2 NANCY K PARKER, At-Large ROSEMARY WII~ON, At-Large JAMES K SPORE, Ctty Manager LESLIE L. LIII.EE Cay Attorney RUTH HODGES-$MITH, MMC, Ctty Clerk of Vir ' ' "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 23456-9005 PHONE (757) 427-4304 FAX (757) 426-5669 EMAIL Ct)cncl@ctrt vtrgtnta-beach va uT May 8, 2001 I. CITY COUNCIL RECONCILIATION - Conference Room - I:30PM A, FY 2001-2002 MANAGEMENT RESOURCE PLAN Catheryn Whitesell, Director, Management Services II. CITY MANAGERS BRIEFING - Conference Room - A. DRAINAGE, FLOOD PLAINS AND SEPTIC SYSTEMS Update Robert J. Scott, Director, Management Systems 3:30PM III. REVIEW OF AGENDA ITEMS IV. CITY COUNCIL COMMENTS V. INFORMAL SESSION - Conference Room - 5:00PM A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00PM A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. INVOCATION: Rabbi Israel Zoberman Congregation Beth Chaverim C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D, ELECTRONIC ROLL CALL OF CITY COUNCIL CERTIFICATION OF CLOSED SESSION MINUTES 1. INFORMAL & FORMAL SESSIONS May 1,2001 G. AGENDA FOR FORMAL SESSION T~e Consent Agendt ~i# be determined dtning t~e Ag~nda l~e~iew Session ~ad coasidered Jn tbe ordinary ¢otn~t of btttJn~f~ II.~ City Council to be .trotted by one motion. H. ORDINANCES . Ordinance to ACCEPT and APPROPRIATE $375,000 from the Virginia Department of Housing and Community Development's Homeless Intervention Program (HIP) to the FY 2000-2001 operating budget of the Department of Social Services re housing assistance for low income families. . Ordinance to APPROPRIATE $125,000 to the FY 2000-2001 operating budget of the Police Department's airplane enterprise fund re continued prisoner transportation service. . Ordinance to TRANSFER $80,000 from the Special Productivity Incentive Fund (SPIF) account in the Non-Departmental Operational Support FY 2000-2001 operating budget to the Department of Communications and Information Technology's operating budget re purchasing centralized tape backup and network attached storage systems. . Ordinance to AUTHORIZE acquisition of right-of-way for Nimmo Parkway Phase I/West Neck Road Extended with temporary and permanent easements, either by agreement or condemnation re intersection improvements. 5. Tax Refunds: $411.14 PLANNING PLANNING BY CONSENT - To be determined dunng the Agenda Review Session. le Application of EMMA JUNE DEPEW on Vaughan Road and Princess Anne Road, containing 53.62 acres: (DISTRICT 7 - PRINCESS ANNE) A. Variance to § 9.3 of the Subdivision Ordinance to reduce the pavement width for the cul-de-sac and increase the number of permitted flag lots B. Conditional Use Permit: alternative residential development with seven lots Recommendation: APPROVAL . Application of SBA, INC., for a Conditional Use Permit re a multiple use communication tower on the south side of Pungo Ferry Road, west of Princess Anne Road (2165 Pungo Ferry Road); containing 48.70 acres. (DISTRICT 7 - PRINCESS ANNE) Recommendation: APPROVAL J, e Applications re Conditional Use Permits for multiple use communication towers in behalf of TRITON PCS on the north side of McComas Way, west of General Booth Boulevard, containing 3.53 acres: (DISTRICT 7 - PRINCESS ANNE) A. CROWN COMMUNICATION: Conditional Use Permit B. VIRGINIA STORAGE, LLC (David W. Gatling): re a Modification of Proffers in the Conditional Change of Zoning approved by City Council on De,ember 7, 1999 Recommendation: APPROVAL . Application of RHEMA HARVEST CHURCH for a Conditional Use Permit re a church at the eastern extremity of Connie Lane, containing 2 acres. (DISTRICT 4 - BAYSIDE) Deferred Indefinitely: Recommendation: February 13, 2001 APPROVAL 6~ Application of JEFF RIDDLE for a Conditional Use Permit re a home occupation (aquaculture business) at 2508 Little Lake Court, containing 5.121 acres. (DISTRICT 5 - LYNNHAVEN) Recommendation: APPROVAL . Application ofRIGANTO, L.L.C., for a Change of Zoning District Classification from R - 5D Residential Duplex District to Conditional I- 1 Light Industrial District located on the east side of South Rosemont Road, north of Dam Neck Road, containing 33 acres. (DISTRICT 7 - PRINCESS ANNE) Recommendation: APPROVAL Application of ERIC HOFFMAN for a Change of Zoning District Classification from A - 12 Apartment District to R- 5S Residential Single Family District on the north side of 9th Street, west of Baltic Avenue, containing 6,000 square feet. (DISTRICT 6 - BEACH) Recommendation: APPROVAL UNFINISHED BUSINESS K. NEW BUSINESS L. ADJOURNMENT SCHEDULE: RESOURCE MANAGEMENT PROCESS--REVISED i ii i Topic Location Date/T~me Resource Management Plan - Adoption Spectal Meetmg May 15th Councd Chamber 4:00 PM 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 4274305 (TDD - Telephonic Device for the Deaf) 05/08/Olslb AGENDA\05\03\01 www.virginia-beach.va.us '0~ OUR NA'~0~ MINUTES VIRGINIA BEACH CITY COUNCIL V~rg~ma Beach, V~rglma May 8, 2001 Mayor Meyera E Oberndorf called to order the RECONCILIATION of the FY 2001-2002 MANAGEMENT RESOURCE PLAN of the VIRGINIA BEACH CITY COUNCIL tn the Ctty Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, May 8, 2001, at 1 30 P M Counctl Members Present Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Wtlham D Sessoms, Jr and Rosemary Wilson Counctl Members Absent Reba S McClanan [Entered 1 35 P M] -2- RECONCILIATION FY 2001-2002 MANAGEMENT RESOURCE PLAN 1:30 P.M. ITEM # 48109 Vice Mayor Sessoms read tnto the record the correspondence of Mayor Meyera E Oberndorf and htmself "Members of Ctty Counctl Dear Councd Members. SubJect FY 2001-02 Resource Management Plan Reconctltatton We have met wtth the Ctty Manager and hts staff to chscuss what has been suggested for tncluston tn the FY 2001-02 Resource Management Plan Two tssues whtch we felt Counctl wanted addressed were the tssues of salary "compresston" and the personal property tax on boats Both of these tssues ratse concerns over thetr long term tmpact on the Ctty's operattng budget, however, we feel that Counctl ts committed to movtngforward The Ctty Manager shares our concerns over (compensation) compresston, but feels that most of the soluttons betng dtscussed are only short term tn nature Hts concern ts that to permanently solve compresston would cost over $16 5-MILLION and would stgn~cantly tmpact other programs and servtces offered to our ctttzens At thts point tn the process, we suggest that Counctl support an tntertm compresston adjustment to people tn compressed tttles (defined as those tttles whtch have been affected by market adjustments and where employees wtth up to seven years of servtce mtght be maktng the same as entry level employees) Thts wouldprovtde some recognttton for years of servtce whtle matntatntng the Ctty Manger's flextbtltty to explore other compresston soluttons through the tn depth study the tssue approprtately requtres The Counctl's destre to lower personal property taxes on boats ts destgned to allevtate the sttuatton whtch we have all heard about at the vartous martnas where boats are leavtng the City due to the arttfictally low tax structure of some of our netghbortng ctttes We arepropostng that for a one yearptlot, we tnstttute a tax structure which tn effect ehmtnates the personal property tax on boats and then evaluate the tmpact on other muntctpal revenue streams and our boattng related tndustrtes Thts would lower the personal property tax on recreattonal boats from the current $1 50 per $100 of assessed value to $0 O00001per $100 Thts wtll result tn a chrect revenue loss orS1 2-MILLION The tntent of ehmtnattng thts tax ts to generate addtttonal tnchrect revenues related to boats and boats wtth higher values whtch would move tnto Vtrgtnta Beach If thts happens tncreases tn Ctty revenues related to martnas, restaurants near marinas, bustness personal property, and bustness hcenses are expected to offset some, tf not all, of the loss m personal property tax revenues. As wtth salary compresston, we feel tt ts crtttcal that this effort be completely stu&ed and evaluated prtor to Ctty Counctl maktng a permanent reductton tn the personal property tax rate on boats To that effect, we are also recommendtng that staff estabhsh benchmarks to tdenttfy and tract the tmpact of thts reductton tn taxes to determtne tf tt truly locates addtttonal boats here and tf they cause an tncrease tn other tax collecttons Thts evaluatton report and recommendations as to conttnutng the lower tax would be provtded to Counctl tn conjunctton wtth the FY 2002-03 Resource Management Plan After our chscusston and understandtng staff's concerns, hsted below are the ttems we are recommenchng for the Ctty Counctl's constderatton Ad&ttonal staff for the Lynnhaven Boat Ramp, whtch ts 100% offset by $23,522 tn revenues from that facihty, A $24,533 tncrease tn the amountpatd to HRPDC due to an tncrease tn the per captta rate from 47¢ to 524, wtth fundmg coming from a reductton tn fundtng to regtonal agenctes to matntatn a $1 per captta hmtt to any one agency, Reductton of $746,928 tn "599"funds due to the recomputatton of the formula Funchngfor thts will come through shtfttngfunds tn CIPprojects $241,975 tn Law Enforcement Tratntng Academy and $504,953 tn Correcttons Center Addttton from FY 2002 to FY 2003 Depenchng upon btd prtces thts could delay these projects by 12 months, May 8, 2001 -3- RECONCILIATION FY 2001-2002 MANAGEMENT RESOURCE PLAN ITEM # 48109 (Continued) Addttion of Harrts Road Improvements project to the CIP, wtth fundtng comtngfrom a combtnatton of Fund Balance and Charter Bonds Thts wtll wtden the road form Ltttle Neck Road to Khne Drive Destgn and pubhc tnput would occur tn FY2001/02 and construction wtll begtn tn December 2002, Ad&tton of 5 deputtes for the Juvende and Domestic Relattons Court securtty with $175,000 tn fun&ng comtngfrom an tncrease tn esttmated personal property tax revenues, Provide a salary compresston adjustment to tndtviduals tn "compressed tttles" (the adjustment would be $200 for each year tn the tttle up to 7 years) as an tntertm step prtor to complettng the full compresston study The $800,000 needed for thts mtertm step would come from usmg Marmers Settlement funds for matntenance at the Sportsplex, from the reductton tn fundtng to regtonal agenctes, and a reductton tn the Reserve for Conttngenctes (To "solve "compresston would requtre up to $16-MILLION for all funds) Reduce for one year as a pdotprogram the Cay 's personal property tax on boats from $1 50per $100 of assessed value to $0 000001 per $100 Thts wtll result tn a chrect revenue loss orS1 2-MILLION To offset thts loss tn revenue we recommend an mcrease of $262,440 tn the mdtrect revenue streams of Restaurant Meals, General Sales, and Bustness Personal Property, with the rematntng to be made up from fund balance Due to ttmtng tssues related to the assessment of real estate (FY2002 assessments are already complete) and bustness hcenses (done on a calender basts) the Ctty would not recetve the full revenue tmpact from any tncreases due to thts effort unttl FY 2002-03 The Ctty/School Revenue Shartng Pohcy ts also affected by thts reductton tn taxes, however, because of the anttctpated increase tn other formula related revenues we recommend holdtng the schools harmless for the FY 2001-02 pilot pertod from any short term tmpacts Addttton of $20, OOO for htstortc preservatton and recognttton through the use of brochures and plaques These funds could also be used to tncrease the quahty and locatton of dtrecttonal stgnage to our key htstortc properties At the request of the School Board, transfer funds between several school capttal projects and appropriate $264,177 tn ad&ttonal Lottery Funds Attached tn greater detatl ts what we have outhned above The list ts dtvtded tnto two groups admtntstrattve adjustments -ttems whtch have occurred stnce the document was prtnted, and counctl adjustments -ttems brought up during the Budget workshops and through the pubhc heartng process We want to thank all Councd Members for your &hgence, time and gmdance tn the review of the Ctty Manager's Proposed Budget The budget, as proposed, and parttcularly wtth the adjustments suggested heretn presents a program for next year that clearly responds to Ctty Counctl's vtston and dtrectton for Vtrgtnta Beach We hope thts wtll help to define our dtscusston at the Reconcthatton Workshop on May 8tn at 1 30 P M Please call tf you have any questtons &ncerely, s~ s~ Meyera E Oberndorf Wdham D Sessoms Mayor Vtce Mayor" May 8, 2001 -4- RECONCILIATION FY 2001-2002 MANAGEMENT RES O UR CE PLAN ITEM # 48109 (Continued) Vtce Mayor Sessoms ctted an example of the salary compression adjustment A Master Pohce Officer who had retained this title for four (4) years would be entttled to 4 x $200 or an addtttonal $800 Thts does not only deal wtth Pubhc Safety employees but wtth other Ctty employees who are compressed The Compression Adjustment would equate to $800,000. The Ctty Manager advtsed the analysts of thts tssue over the next year would equate to approxtmately SL 6-MILLION There ts an esttmated 850 employees tn posttton tttles that are judged to be compressed. There was chscusston relattve htrtng a consultant concerntng the compresston tssue Counctl Lady McClanan and Counctlman Jones expressed concern and mqutred relattve the ttme frame of the analysts The Ctty Manager advtsed thts would entatl 6-9 months tf a consultant was involved Thts could be folded tnto the Budget document recetved by Ctty Council and therefore not just mentioned at the very end of the Budget process Thts wtll entail tnvolvement and progress reports wtll be gtven to Ctty Counctl Catheryn Whttesell, Director- Management Servtces, advtsed relattve effect of reduction in personal property tax on boats, tn coordtnatton wtth the Commtsstoner of Revenue's office, restaurants' near martnas will be tdenttfied and thetr sales data tsolated to provtde base hne tracking data The Ctty Manager advised tn dtscusstons wtth Norfolk and Portsmouth, the Ctty Managers have commttted to jotntly study thts tssue of personal property tax and boats and develop a recommendatton uniform throughout the region Counctl Lady Parker suggested constderatton of reductng the real estate tax rate durtng next year's Resource Management Plan Prior to the adoptton of the Resource Management Plan, Counctl Lady Wtlson requested projecttons relattve thts reduction tn the boat tax Relattve the decal for boats, the City Attorney advtsed there must be spectfic authortty under the State Code There ts no spectfic authortty to level that decal excise tax Some form of regtstratton fee could be examtned, however, there ts no authority for the decal Wtth the car legtslation, there ts spectfic authortty for the regtstratton fee Counctl Lady Wtlson suggested thts would be a method of tracktng boat owners regtstered tn Vtrgtnta Beach even tf the decal fee was very nommal Relattve the tncrease of $24,533 in the amount paid to Hampton Roads Planning District Commission, Catheryn advtsed the Eastern l,'trgtnta Mechcal College fee was too htgh and has been lowered and generated savtngs of approxtmately $79,000 Thts tncrease to HRPDC was requested to make up for funding lost from the State The Ctty Manager advtsed HRPDC servtces tnclude studtes tn Transportatton Planntng, Regtonal Envtronmental Planntng, as well as spectahzed stuches for the members The Mayor advtsed conferences are also held t e tn Chesapeake on land use tn the more rural porttons of the dtfferent ctttes For the very small locahttes, HRPDC asststs tn planning their matn streets orparttcular areas where these locahttes do not have staff Relattve Councd Lady Parker's tnqutry, Catheryn advtsed a $5-MILLlON fund balance was projected and wtth the proposed recommendattons approxtmately $2-MILLION will be utilized, leaving $3-MILLION The loss tn 599funds ($750,000) has the potenttal to slow by a year at least one of these projects Law Enforcement Training Academy or the Corrections Center Addition III The Ctty Manger advtsed the destgn of the Juvenile Detention Center should be completed tn about 2 ~ months and ready to go out for btd The State has agreed to fund 50% of the Juvenile Detention Center The Correction Center addttton ts a major $65 to $67-MILLlONexpanston of the jarl to add a whole new butldtng to the west of the extsttng butldtng Counctl Lady Wtlson expressed concern relattve a skateboard park and speeding up the process In dtscusston wtth Parks and Recreatton, Counctlman Branch advtsed the major issue ts the stte Catheryn advtsed the staff has been tn contact with a prtvate company whtch does tndoor skate parks tn Atlanta t e turmng one of the empty "btg box" retail estabhshments tnto an tndoorpark There ts enough fund balance capactty, that once the process has worked tts way through and Ctty Counctl wishes to come back and appropriate these funds, thts can be accomphshed Suste Walston, Chtef of Staff advtsed there are studies on the dechntng use of the skateboard facilities at Bayville, Red tFing Park and Mount Trashmore Park and studtes assoctated wtth the tssue of the proper locatton and changtng character of the park Therefore, wtth matntenance betng requtred, the Bayville and Red }Fing Park ramps were phased out The Mount Trashmore Park skateboard ramp rematned as tt had the htghest percentage of use Counctl Lady McClanan advtsed she was very tmpressed with the skateboardpark tn Ocean Ctty Counctl Lady Eure urged support for the skateboard park, suggested a location tn the athlettc vtllage and requested Parks and Recreation review same May 8, 2001 I -5- RECONCILI/I TION FY 2001-2002 M/INA GEMENT RESOURCE PL/IN ITEM # 48109 (Continued) Counctl Lady Henley tnqutred concermng the elimination of car decals. The Ctty Manager advtsed a Commtttee has been revtewtng thts internally for some ttme There are other systems tn dtfferent parts of the Untted States, where ctttes are collecttng personal property tax on cars whtch do not requtre decals Non- payment of taxes can result tn a restdent's water betng turned off There are other methods of enforcmg compltance wtth payment of taxes The Ctty Manager ts convtnced the decal can be el.ntnated, but the revenue kept It would be dtfficult to ehmtnate $7 ~ or $8-MILLION in revenue Counctl Lady Eure concurred and agreed the decal ts a nuisance and there must be a better solutton Counctl Lady McClanan tnqutred relattve the street sweeptng It ts noUust restdenttal areas, the whole Ctty needs a street sweeper Counctl Lady McClanan requested chscusston of cleanliness of the streets At Rosemont and Holland, there are stacks of debris The City Manager shall provtde tnformatton Counctl Man&go expressed apprectatton to the staff for thetr prompt response to all tnqutrtes Mayor Oberndorf rqferenced a concern ora ctttzen who ts tmpacted by the stormwater fee Wtth obltgattons to many doctors, he ts unable to pay thts fee and ts requesttng reltef Mayor Oberndorf inquired tfa program ts avatlable for ctttzens who are unable to pay The City Manager advtsed Clarence Warnsta~, Dtrector of Publtc Uttltttes, referenced the H20 Program (Help to Others) This ts part of the regtonal effort coordinated through the HRPDC. Inchvtduals contrtbute funds and twtce a year there ts a major fund drtve The funds areplaced tn a"pool" The Social Servtce agenctes are utthzed to screen tnchvtduals who may need asststance There ts not a parttcular program spectfically for the stormwater management fee, however, water and sewer are typtcally a much larger btll and provtde more meantngful reltef The City Manager advtsed the reconctltatton documents wtll be prepared and &strtbuted to Ctty Counctl tn thetr agenda packets on Frtday for thetr constderatton and adoptton of the Resource Management Plan at the SPECI/IL SESSION of May 15, 2001 May 8, 2001 May 8, 2001 MAYOR OBERNDORF: Good afternoon and thank you-all for being here for the Workshop for the Virginia Beach City Council, the Reconciliation of the Budget. We are going to move rather smartly through the business today, because two Members of the Council have to leave. So out of deference to them, I thought we would try to accomplish as much as we possibly can. Let's begin with the Reconciliation on the Budget and there is a letter at each of your places that has been signed by both the Vice Mayor and myself, after consultation wmth the Manager and h~s appropriate Staff members to see if we could accommodate those requests that were made to us by Members of Council. I wmll call on V~ce Mayor Sessoms who w~ll run through this letter with you. I'm sure we will attempt to answer the questions as best we can. VICE MAYOR SESSOMS: Thank you, Mayor. Council, I'm going to take just a couple of minutes to read th~s, ~f I may, to you and ask you-all to read; so, there won't be any m~sunderstand~ng. Again, this is s~gned by Meyera and myself and it's subject to 2001-02 Resource Management Plan Reconciliation. We have met with -- COUNCIL LADY WILSON: Are we going to ask questions before or after? VICE MAYOR SESSOMS: If I could read through it and then come back. Okay. If that's all r~ght. I will leave it up to the C~ty Manager and h~s Staff to discuss what the 2001-02 Resource Management Plan. The two ~ssues which we felt Council wanted to address were the issues of salary compression and the personal property tax on boats. Both of those ~ssues raised concerns over their long-term impact over the City's Operating Budget. However, we feel the Council ~s committed to moving forward. The City Manager shares our concerns over compression, but feels that most of the solutions being discussed are only short term in nature. His concern zs that to permanently solve compression, it would cost May 8, 2001 over $16.5-Mllllon and would significantly zmpact other programs and services offered to our cmtlzens. At this point zn the process we suggest that Council support an · nter~m compression adjustment to people ~n compressed t~tles defined as those titles whzch have been affected by market adjustments and employees with up to seven years of service who m~ght be making the same as entry-level employees. This would provide some recognition for years of service while ma~ntainmng the C~ty Manager's flexibility to explore other compression solutzons through the ~n-depth study th~s ~ssue appropriately requires. The Council's desire to lower personal property taxes on boats ~s designated to alleviate the sztuat~on which we have all heard about at the various marinas where boats are leaving the City due to the artificially low tax structure of some of our neighboring cltzes. We are proposing that for a one-year pilot -- I want to emphas~s one-year p~lot -- we institute a tax structure which in affect eliminates the personal property tax on boats and, then, evaluate the impact on other municipal revenue streams in our boating-related ~ndustries. Th~s would lower the personal property tax on recreational boats from the current $1.50 per hundred on the assessed value to .0001 per 100. In other words, there won't be a b~ll. This will result ~n a direct revenue loss of $1.2-Million. The ~ntent of elmm~nating this tax ~s to generate additional indzrect revenue related to boats and boats wzth h~gher values whzch would move ~nto V~rg~n~a Beach. If th~s happens, ~ncreases ~n City revenues related to marmnas, restaurants near marinas, busmness personal property and bus~ness l~censes are expected to offset some, if not all, of the loss ~n personal property tax revenue. As with salary compression, we feel ~t zs crztical that this effort be completely studied and evaluated prior to City Council making a permanent reduction ~n the personal property tax rate on boats. To that affect, we are also recommending that Staff establish benchmarks to zdent~fy and track the zmpact of th~s reduction ~n taxes to determine ~f ~t truly locates additional boats here and if they cause May 8, 2001 an mncrease mn other tax collections. Thms evaluatmon-reported recommendations, as to contmnuing to lower taxes, will be provmded to Counczl mn conjunction with the Fiscal Year 2002-03 Resource Management Plan. After our dmscussmon and understandmng the Staff's concerns, lmsted below are the items that we're recommending for the City Council's conslderatmon. Addmtmonal Staff for the Lynnhaven Boat Ramp, whmch ms 100% offset by $23,522 mn revenues from that facmlmty. A $24,533 mncrease mn the amount pamd to HRPDC due to an ~ncrease mn per capmta rate from 47-Cents to 52-Cents, with fundmng commng from a reductmon mn regzonal fundmng to agencies to mamntain $1 per capita limit to any one agency. Reduction of $746,928 in "599" funds due to the recompos~tion of the formula. Fundmng for thms wmll come through shmfting funds in the CIP Projects. Two-hundred, forty-one thousand, nmne-hundred and seventy-fmve dollars for Law Enforcement Training Academy and $504,953 in Correctmon Center additmons from Fmscal Year 2002 to Fiscal Year 2003. Depending upon bid prmces, thms could delay these projects by twelve months. Addmtion of Harris Road Improvements Prolect to CIP wmth funding commng from a combmnatzon of fund balance and charter bonds. Th~s will wmden the road from Lzttle Neck Road to Kline Drmve. Desmgn and public input would occur ~n Fmscal Year 2001-02 and construction begmn in December 2002. The additmon of five deputmes for the Juvenile and Domestmc Relations Court securmty with $175,000 mn fundmng coming from an mncrease mn estimated personal property tax revenues. Provide a salary compression adlustment to the lndmvmduals mn compressed t~tles. The adjustment would be $200 for each year mn the tztle, up to seven years as an interim step prior to completing the full compression study. The $800,000 needed for the intermm step would come from using Mariners Settlement Funds for mamntenance at the Sportsplex from the reductmon of the fundmng to regmonal agencmes and a reduction mn the Reserve for Contmngencmes. May 8, 2001 To solve compressmon mt would requmre up to $16-Mmllmon for all funds. Reduce for one year as a pmlot program the City's personal property tax on boats from $1.50 per $100 of assessed value to $0.000001 per $100. This wmll result mn a direct revenue loss of $1.2-Mmllzon. To offset thms lost revenues, we recommend an mncrease of $262,440 mn mndmrect revenue streams of restaurant meals, general sales and business personal property wmth the remamnmng to be made up from fund balance. Due to timmng mssues relatmng to the assessment of real estate, Fmscal Year 2002 assessments are already complete and busmness licenses are done on a calendar baszs. The Cmty would not recemve the full revenue impact from any mncrease due to this effort until Fmscal Year 2002 to 03. The School Revenue Sharmng Polmcy ms also affected by this reductmon in taxes. However, because of the antmcmpated mncrease mn other formula-related revenue we recommend holdzng the schools harmless for the Fzscal Year 2001-02 pilot period from any short-term impact. The addmtmon of $20,000 for hmstormc preservatmon and recognition through the use of brochures and plaques. These funds could also be used to increase the quality and locatzon of dmrectmonal smgns to our key historic propertmes. At the request of the School Board, transfer funds between several School Capital Projects and approprmate $264,177 in additional lottery funds. Attached ms greater detail than what we have outlined above. The lmst ~s dlvmded into two groups, admmnistrative adjustments, mtems whmch have occurred since the document was prmnted; and, Councml adjustments, mtems brought up durzng the Budget Workshops and through the Publmc Hearings process. We want to thank all Councml Members for your dmlzgence, time and gumdance in the review of the Czty Manager's proposed Budget. The Budget as proposed and partmcularly wzth the adjustments suggested May 8, 2001 herein presents a program for next year that clearly responds to Council's vision and direction for Virginia Beach. We hope this will help to defmne our discussions at the Reconciliation Workshop on May 8th at 1:30 p.m. not a.m. Please call if you have any questions. Counczl, I will go right to compression. Just to gmve you an example of th~s. Our feeling of thms ~s showing good faith that we have an · ssue and this is how we deal wzth it in the interim ~n the upcoming Budget. We are also stating that we are going to address it next year as well. But, to g~ve you an example, if we had a Master Police Officer who had been at that t~tle for four years, he would be entitled to four t~mes $200 or $800 zn addition for bezng there ~n that position for four years. If a Domestic Polzce Offzcer has only been there for one year ~n that positmon, it would be one t~mes $200. Then, fznally if someone has been there up to seven years, whzch there's a cap of seven years, ~t would be seven t~mes $200 or $1,400 in addition to the other salary adjustment. This also deals with other areas of our C~ty employees that are compressed, not just public safety, and that costs $800,000. The ~ssue pertaining to the boat tax relief, I don't know ~f you-all saw the Editorial today, but I've got a copy of it. Anyway, ~t basically sa~d ~f boat rates go up, Portsmouth Boats w~ll sale away, and ~t makes some reference to Norfolk. It says in Norfolk that the Czty went from about 3,500 private boats to 5,200 after ±t decreased its boat tax rate from 150-fold a year ago to match Portsmouth's, which was the region's lowest. That shows you the boats have left and that the ~nformation that these marina owners are presenting to us is accurate. As I sat here and talked over that issue wzth the Mayor and the C~ty Manager, the values of that real estate is based on an zncome approach. W~th occupancies -- we had a break-down of occupancies. Some ranging from 25% to 62%. In one case the 62% one had been as hzgh as 100% zn the past year, and zt's down to 62%. Now, ~f you put that down and cap ~t, you're going to see the values of real estate gozng down because the ~ncome being produced by the facilities zs -6- CITY MANAGER'S BRIEFING DRAINAGE, FLOOD PLAINS AND SEPTIC SYSTEMS Update 3:02 P.M. ITEM # 48110 Charhe Hassen, Development Servtces Center, through the utdtzatton of powerpotnt, presented tnformatton relattve Stormwater/Floodplain/Septic Systems and related toptcs encompasstng lots, coverage, denstty, mtntmum area reqmrements and defimttons, as well as housekeeping items resulttng from the proposed Ordtnance amendments Mr Hassen retterated Staff Goals Compattbtltty, Conststency and Clarity Identtfy posstble Umntended Meamngs Identify Causes and Soluttons to Current and Future Floo&ng Protect "Floodplatns SubJect to Spectal Restrtcttons" Understand New Septtc System Technology Matntatn the prevtous Development Status of Agrtcultural Lots Identtfy Conflicts between the Development Or&nances and Envtronmental Or&nances Development and Recommend Correcttve Amendments DRAFT Or&nances and copies of the presentatton were &strtbuted to Ctty Councd Topic Areas of Suggested Amendments for Phase 1 New Sewage Treatment Technology Amendments The new technology tnvolves Secondary Treatment Systems. An example would be the Puraflo Peat Btofilter System, whtch has been tn extstence stnce the early 1990's tn Vtrgtnta The Health Department has stated thts system ts safe Thts system provtdes treatment of the effluent before tt goes into the ground Thts system can be utthzed tn a htgher ground water table than a conventtonal system and wtll reduce the amount of land requtred for asepttc system An overvtew of thts system was provtded Thts Secondary Treatment System wtll treat the effluent before it goes tnto the ground There are also self-contatned systems whtch completely recycle Alternative Discharging Sewage Treatment Systems treat the effluent before tt ts dtscharged on the surface In-Ground Discharge Systems are for final treatment The Surface Discharge System ts the alternative dtschargtng treatment system and can dtscharge tnto a d~tch, stream, or other water body and has to have a health permtt whtch causes concern These systems could utthze a Puraflo as a secondary, whtch would tnvolve one more treatment cycle The staff wtll make sure these alternative systems requtre a Conchttonal Use Permtt Only, tn emergenctes, where extsttng septtc tanks fatl, the tnchvtdual ts on a fixed tncome, and does not have access to apubhc system, and all posstble methods of an tnground system have been exhausted, an amendment tn the proposed Ordtnances requests tssuance by the Health Department for an alternattve system (a surface dtscharge) Stormwater, Maintenance and Floodplain Amendments Maps were &splayed relattve Floodplatns, elevattons and Soils The "blue" area deptcted the 100-yearfloodplatn Many of the poorly dratned sods are contained wtthtn this blue area Concerning the watershed map, the "blue" hne represented the break between the Chesapeake Bay Watershed and the Southern Watersheds The majortty of the floodplatns subject to spectal restricttons are contained within the Southern Watershed Connections Amendments: Assure all connections matched for conststency. For twenty (20) years the Ctty has been acqmrtng all the private sewage and water treatment facthttes A definttton for utthty needs to be encompassed wtthtn the proposed ordtnances Conststency tn Lot Coverage and Denstty, Use of Water, Marsh and Wetlands (R-40 & R-30 - Lot Area and Coverage), Consistent Defintttons, PD-H2 Land Use Plan Requtrements, Plan Information Requtrements, and Subdtvtston Reference to Floodplatn Regulattons need to be tncluded wtthtn the amendments to Connecttons Housekeeping and Supporting Amendments One definttton tn one locatton, remove tnapproprtate use of "zomng" Lot, Delete gross acreage, Reference to Dtrector of Envtronmental Management (office no longer extsts), Agrtcultural land used for denstty, update Yerttcal Datum reference, update requtred Stte Plan notes, Performance Standards for Floodplatn Vartances, and, Floodplatn Vartance apphcatton requtrements May 8, 2001 -7- CITY MANAGER'S BRIEFING DRAINAGE, FLOOD PLAINS AND SEPTIC SYSTEMS Update ITEM # 48110 (Continued) Mr Hassen advtsed suggested amendments to help avotd future restdenttal lot floo&ng tn "Floodplains subject to Spectal Restrtcttons" Mtnimum Lot Requirements Location of Residential Structures Existing non-butldtng sttes before New Technology Mtnor Filhng on Extsttng lots No Ftlhng tn the "Floodplains SubJect to Spectal Restrtcttons" Increase the Land Area of "Floodplatns SubJect to Special Restrtcttons" Location of Stormwater Management facthttes or Best Management practtces (BMP) Summary of Possible Sensitive Areas Floodplains subject to spectal restrtcttons Mtntmum lot area Locatton of restdenttal structures Extsttng lots No filhng Increase tn area Locatton of Stormwater Management Facthttes R-40 and R-30 Mtntmum Lot Stze Topics for Study and Completion in Phase 2 Ftmshed Grade and Ftmshed Floor Elevattons Dratnage on Infill Lots Use of Foodplatns to meet mtntmum Update termtnology- Stormwater Management Facthty/Best Management Practtce Consistency wtthtn and between the floodplatn regulattons (Stte Plan Ordinance) and the Publtc Work Spectficattons and Standards Mr Hassen chstrtbuted the Public Meeting Schedule for the Development Ordinance Amendments. March 19, 2001 Aprtl 16,2001 May 3, 2001 May 8, 2001 May 11, 2001 May 16, 2001 May 23, 2001 June 5, 2001 June 13, 2001 June 26, 2001 Planmng Commtsston Workshop Planmng Commtsston Workshop Planntng Department Pubhc Informatton Meettng City Counctl Brtefing Ttdewater Budders Assoctatton Brtefing Board of Zomng Appeals Consultant's Quarterly Meettng Chesapeake Bay Preservatton Area Board Workshop Planmng Commtsston Pubhc Heartng Ctty Counctl Pubhc Heartng Bill Johnston, Engineer - Pubhc Works, advtsed the wind tide that ts used ts based upon the law of probabthttes and what constttutes a reasonable event upon whtch to base a destgn The definttton of the floodplatn ts a combtnatton ora one-year wind ttde, whtch ts elevatton 2 0 tn the southern part of the Ctty, and butldtng back from whatever prectpttatton event (etther 1 O-year or 100-year) Reasonable protectton relattve floochng should be provtded to prospecttve budders of homes Relattve vtstble changes tn Back Bay, many of the islands once present are no longer tn extstence, Mr Johnson advtsed natural factors could be affecttng vtstble changes tn Back Bay Collecttvely, development can produce an tmpact May 8, 2001 -8- CITY MANAGER'S BRIEFING DRAINAGE, FLOOD PLAINS AND SEPTIC SYSTEMS Update ITEM # 48110 (Continued) Vtrgtnta Beach has the data available toplot the floodplains based on the ratnfall and ttdal events ?trgtnta Beach has more of a reahsttc demonstratton of what happens durtng the 1 O0-year event because the tarn fall and the fluvtal event are tncluded, as well as a standard floodplatn event Mr Hassen advised, to the best of hts knowledge, the City ts tn comphance wtth FEM,4. Mr Hassen shall have the prope, r staff Engtneer contact Counctl Lady Eure to respond to concerns relattve FEM,4. Mr Johnston advtsed the majortty of floochng problems assoctated with curb and gutter bastcally had to do wtth an extsttng low development The water actually backed up tnstde the stormwater facthty There was no place for the stormwater to go as the facthty was full Therefore, the water must rematn tn the streets unttl the water goes down This generally turns tnto a long term flood event Therefore, flood proofing one's house ts probably only reahsttcally 'half the equatton The Ctty ts endeavortng to ensure that even durtng the 100-year event, roads are passable to passenger vehtcles (not more than 6" deep) Mayor and Councd expressed apprectatton for the thoughtful and metho&cal presentatton of this very comphmented tssue May 8, 2001 -9- AGENDA RE VIE W SESSION 4:20 P.M. ITEM # 48111 H 20rdtnance to APPROPRIATE $125,000 to the FY 2000- 2001 operattng budget of the Pohce Department's atrplane enterprtse fund re continued prisoner transportation service Mayor Oberndorf chstrtbuted a fact sheet relattve Airplane Operations, whtch ts hereby made a part of the record. The Atrplane Operation currently conducts Extraditions, Interstate Agreements wand writs (prisoner transportation)for a total of 3 7 Virginia Jurisdictions (Pohce or Shertff Departments) Thts ts an Enterprise Fund The monthly lease on the atrplane ts $17,500plus $175 OO per fltght hour for engtne reserves Chtef dacocks advtsed Councd Lady Parker a untformed officer pdots the plane and an officer ts asstgned to the back of the atrplane The Supreme Court of Vtrgtma reqmres cert~ed pohce officers to transport prtsoners For prtsoner transportatton, the Supreme Court of Vtrg~ma retmburses the Ctty 100% of the costs Officer Rtchard Styles, Pdot, advtsed durtng the calendar year of 2000, the atrplane flew 229flights, 565 passengers (approximately 95% were prisoners, approximately 530) for a total of 754. 7flight hours Counctl Lady McClanan was advtsed 6 ctttes tn the Untted States conduct a prtsoner transportatton servtce The atrplane saved approximately 7 officers salaries in "man-hour savings '; ehmmattng multtple officers from travehng 2 or more days for each prisoner transported ITEM # 48112 BY CONSENSUS, the followtng shall compose the CONSENT AGENDA: ORDINANCES H 10r&nance toA CCEPTandAPPROPRIA TE $3 75, O00from the Vtrgtnta Department of Houstng and Communtty Development's Homeless Interventton Program (HIP) to the FY2000-2001 operattng budget of the Department of Soctal Servtces re housing assistance for low mcome famdtes H20rdtnance to APPROPRIATE $125,000 to the FY2000- 2001 operattng budget of the Poltce Department's atrplane enterprtse fund re continued prisoner transportation service H3 Or&nance to TRANSFER $80,000 from the Spectal Producttvtty Incenttve Fund (SPIF) account tn the Non- Departmental Operattonal Support FY2000-2001 operattng budget to the Department of Communtcattons and Informatton Technology's operattng budget re purchastng centralized tape backup and network attached storage systems H4 Ordtnance to AUTHORIZE acqutsttton of rtght-of-way for Nimmo Parkway Phase I/West Neck Road Extended with temporary andpermanent easements, etther by agreement or condemnatton re intersection improvements H 5. Tax Refunds $411 14 May 8, 2001 12 13 - 10- AGENDA RE VIE W SESSION ITEM it 48113 Apphcatton of SBA, INC., for a Con&ttonal Use Permtt re a multtple use communication tower on the south stde of Pungo Ferry Road, west of Prtncess Anne Road (2165 Pungo Ferry Road), containing 48 70 acres (DISTRICT 7 - PRINCESS ANNE) Apphcattons re Con&ttonal Use Permits for multtple use communtcatton towers tn behalf of TRITON PCS on the north stde of McComas Way, west of General Booth Boulevard, contatntng 3 53 acres (DISTRICT 7 - PRINCESS ANNE) a CROWN COMMUNICATION Con&ttonal Use Permit VIRGINIA STORAGE, LLC (Davtd W Gathng) re a Mo&ficatton of Proffers tn the Con&ttonal Change of Zontng approved by Ctty Counctl on December 7, 1999 Councilman Lady Henley expressed concerns relattve multiple use communication towers The SBA apphcatton is located in a very senstttve area and the TRITON ts located too close to General Booth Boulevard There seems to be a prohferatton of towers Wtthtn the past few months, two apphcattons have been approved on Land of Promtse Road and Mundens, both have requtred co-locatton Counctl Lady Henley ts concerned relative tnterference For her own sattsfactton, Counctl Lady Henley requested a report on the sttuatton of towers (city-wide) and thetr necesstty Counctlman Man&go wtshed to be advtsed of the difference between 199feet htgher than mean sea level and 90feet Robert d. Scott, Dtrector of Planmng, advised towers 200feet above mean sea level tnvolves a whole new set of FAA regulations. Stephen White, Planntng, advtsed the tntent wtth the SBA apphcatton ts for co- users Counctl Lady Eure requested this be stipulated as a con&tton not an tntent The tntent of the apphcatton for TRITON ts for a stngle user as tt ts a stealth monopole tower The apphcant ts attempttng to cover the area around Ntmmo Church The staff has been working wtth thts apphcatton for two years to attempt to sattsfy thetr need tn thts area Stephen advtsed a map of the location of communtcatton towers was devtsed approxtmately 5years ago, a new map shall be estabhshed deptcttng the location of the towers, the coverage areas and tn coor&natton wtth the asststance of lnformatton Technology the vartous tssues tnvolved tn changtng technology shall be examined Counctl Lady Henley wtll request theses ttems be DEFERRED. ITEM # 48114 14. Appltcatton of RHEMA HARVEST CHURCH for a Con&ttonal Use Permtt re a church at the eastern extremtty of Connte Lane, contatnmg 2 acres (DISTRICT 4 - BAYSIDE) Counctlman Jones advtsed thts ttem wtll be &scussed as the communtty ts tn opposttton ITEM # 48115 17 Apphcatton of RIGANTO, L.L.C., for a Change of Zomng Dtstrtct Classtficatton from R - 5D Restdenttal Duplex Dtstrtct to Con&ttonal I- 1 Ltght Industrtal Dtstrtct located on the east stde of South Rosemont Road, north of Dam Neck Road, contatntng 33 acres (DISTRICT 7 - PRINCESS ANNE) Councd Lady Henley expressed concern and wtshed the apphcatton presented to Cay Counctl May 8, 2001 -Il- AGENDA RE VIEW SESSION ITEM # 48116 BY CONSENSUS, the following shall compose the PLANNING B Y CONSENT A GENDA: 1.1 Apphcation of EMMA JUNE DEPEW on Vaughan Road and Princess Anne Road, contatntng 53 62 acres. (DISTRICT 7 - PRINCESS ANNE) Vartance to 3~ 9 3 of the Subdivtsion Ordtnance to reduce the pavement wtdth for the cul-de-sac and tncrease the number of permttted flag lots b Condtttonal Use Permtt alternattve restdenttal development wtth seven lots 18 Apphcatton of ERIC HOFFMAN for a Change o£Zontng Dtstrtct Classt_fication from A - 12 Apartment Dtstrtct to R - 5S Restdenttal Stngle Famt!¥ Dtstrtct on the north stde of 9th Street, west of Balttc Avenue, contatntng 6, 000 square feet (DISTRICT 6 - BEACH) May 8, 2001 - 12- ITEM # 48117 Mayor Meyera E Oberndorf called to order the INFORMAL SESSIONof the VIRGINIA BEACH CITY COUNCIL tn the Ctty Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, May 8, 2001, at 4 45 PM Counctl Members Present Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Absent Wtiltam W Harrison, Jr. Vtce Mayor Wtiltam D Sessoms, Jr Left 2 20 P M to go to Norfolk/Newport News Ctty Counctl Sesstons Left at 2 20 P M - attend bank meettng re merger May 8, 2001 - 13 - ITEM # 48118 Mayor Oberndorf entertatned a motton to permtt Ctty Councd to conduct tts CLOSED SESSION, pursuant to Sectton 2.1-344(A), Code of Vtrgtma, as amended, for the followtng purpose PERSONNEL MA ITERS Dtscusston, constderaaon or tntervtews of prospecttve candtdates for employment, asstgnment, appotntment, promotton, performance, demotton, salartes, dtsctphntng, or restgnatton of spectfic pubhc officers, appointees, or employees pursuant to Sectton 2.1-344 (A) (1) To Wtt Boards and Commtsstons Francts Land House Board of Governors Planmng Commtsston PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the acqutsttton of real propertyfor a pubhc purpose, or of the dtsposttton of pubhcly-heM real property, where dtscusston tn an open meettng wouM adversely affect the bargatmng posttton or negottattng strategy of the pubhc body pursuant to Sectton 2 1-344(A)(3) To-Wtt Acqutsttton/Dtsposttton of Property - Stumpy Lake - Lake Smtth/Lake Lawson Upon motion by Councdman Branch, seconded by Councdman Jones, Ctty Councd voted to proceed tnto CLOSED SESSION. Voang 9-0 Councd Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R. Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K. Parker and Rosemary Wdson Councd Members Vottng Nay None Councd Members Absent Wilham W Harrtson, Jr and Vtce Mayor Wdham D Sessoms, Jr Councdman Harrtson returned at 5 O0 P M (Time of Closed Session: 4:50 P.M. to 6:00 P.M.) May 8, 2001 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 # 48118, page 13, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such 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. Rffth Hodges Slrri'ith, MMC City Clerk May 8, 2001 -14- FORMAL SESSION VIRGINIA BEA CH CITY CO UNCIL May 8, 2001 6:00 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Councd Chamber, Ctty Hall Butldtng, on Tuesday, May 8, 2001, at 6 O0 P M Councd Members Present Ltnwood 0 Branch, III, Margaret L. Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker and Rosemary Wdson Councd Members Absent Vtce Mayor Wtlliam D Sessoms [ATTENDING BANK MEETING RE MERGER/LEFTAT 2 20 P M] INVOCATION Rabbi Israel Zoberman Congregatton Beth Chavertm PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA May 8, 2001 Item VI-E - 15- CER TIFICA TION OF CLOSED SESSION ITEM # 48119 Upon motton by Counctlman Harrtson, seconded by Councdman Jones, Ctty Counctl CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS. Only pubhc bustness matters lawfully exempted from Open Meettng requtrements by Vlrgmta law were discussed tn Closed Session to which this certtficatton resolutton apphes, AND, Only such public bustness matters as were ldenttfied tn the motton conventng the Closed Session were heard, dtscussed or constdered by Vtrglnta Beach Ctty Counctl Voting 10-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Voting Nay None Counctl Members Absent Vtce Mayor Wdham D Sessoms, Jr May 8, 2001 -16- Item VI-F 1 MINUTES ITEM # 48120 Upon motton by Counctlman Harrtson, seconded by Counctl Lady Wilson, City CounctlAPPROVED the Mtnutes of the INFOR)klAL AND FORMAL SESSIONS of May 1, 2001. Vottng 10-0 Council Members Voting Aye Ltnwood O. Branch, III, Margaret L Eure, William W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandigo, Jr, Mayor Meyera E Oberndorf Nancy K Parker and Rosemary Wilson Council Members Voting Nay' None Counctl Members Absent Vice Mayor Wllham D Sessoms, Jr May 8, 2001 -17- Item VI-G 1 ADOPT A GENDA FOR FORMAL SESSION ITEM ii 48121 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION May 8, 2001 Item VI-H. ORDINANCES - 18- ITEM # 48122 Upon motton by Counctlman Jones, seconded by Counctlman Branch, Ctty Counctl APPROVED IN ONE MOTION, Ordmances 1, 2, 3, 4 and 5 of the CONSENTAGENDA. Vottng 10-0 Councd Members Votmg Aye' Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker and Rosemary Wtlson Counctl Members Votmg Nay None Council Members Absent Vice Mayor Wtlham D Sessoms, Jr May 8, 2001 Item VI-H. 1. ORDINANCES - 19- ITEM # 48123 Upon motton by Councdman Jones, seconded by Councdman Branch, Ctty Councd ADOPTED Ordtnance to ACCEPT and APPROPRIATE $3 75, O00 from the Vtrgtnta Department of Houstng and Communtty Development's Homeless Interventton Program (HIP) to the FY 2000-2001 operattng budget of the Department of Soctal Servtces re housing assistance for low tncome famthes Vottng 10-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlltam W. Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wilson Councd Members Voting Nay' None Council Members Absent Vtce Mayor Wtlham D Sessoms, Jr May 8, 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 AN ORDINANCE TO ACCEPT AND APPROPRIATE $375,000 FROM THE VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT TO THE FY 2000-01 OPERATING BUDGET OF THE DEPARTMENT OF SOCIAL SERVICES FOR HOUSING ASSISTANCE WHEREAS, the Virginia Department of Housing and Community Development has authorized an additional $375,000 in Homeless Intervention Program funding for housing assistance to families transitioning from welfare to work, and a local match is not required. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $375,000 is hereby accepted from the Virginia Department of Housing and Community Development and appropriated to the FY 2000-01 Operating Budget of the Virginia Beach Department of Social Services to provide housing assistance. 2. That estimated revenue from the Commonwealth is hereby increased by $375,000. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of May , 2001. CA8091 F'kData\ATY\Ordin\NONCODE\DSS hsg assist, ord.wpd April 27, 2001 R-3 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY City Attorne~ Of fi/cev Item VI-H. 2. ORDINANCES - 20 - ITEM # 48124 Upon motton by Councdman Jones, seconded by Councdman Branch, Ctty Councd ADOPTED Ordinance to APPROPRIATE $125,000 to the FY 2000-2001 operattng budget of the Pohce Department's atrplane enterprtse fund re continued prisoner transportation service Voting 10-0 (By Consent) Councd Members Voting Aye Ltnwood 0 Branch, IIL Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker and Rosemary Wdson Council Members Vottng Nay: None Councd Members Absent Vtce Mayor Wdham D Sessoms, Jr May 8, 2001 AN ORDINANCE TO APPROPRIATE $125,000 TO THE FY 2000-01 OPERATING BUDGET OF THE POLICE DEPARTMENT'S AIRPLANE ENTERPRISE OPERATION FOR ADDITIONAL ANTICIPATED EXPENDITURES 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WHEREAS, the Police Department's Airplane Enterprise operation provides airborne prisoner transportation primarily for the extradition of State prisoners, resulting in cost savings for both the City and the State law enforcement agencies when compared to other means of transportation; WHEREAS, the Airplane Enterprise Fund is entirely self- supporting, with revenues based on charges to the State and federal government for providing the prisoner transportation service; and WHEREAS, the frequency and costs of providing prisoner transportation have been greater in FY 2000-01 than in previous years. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, 1. That $125,000 in estimated revenue from prisoner transportation charges is hereby appropriated to the FY 2000-01 operating budget of the Airplane Enterprise operation to allow continuation of the prisoner transportation service. 2. That estimated revenue from prisoner transportation charges in the Airplane Enterprise Fund is hereby increased by $125,000. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th of May , 2001. CA-8096 data\aty\ordin\noncode\police airplane.ord April 27, 2001 R3 APPROVED AS TO CONTENT: ~ g ~ ~ervlc~ APPROVED AS TO LEGAL SUFFICIENCY- City Attorney'~/~rrlc~ Item VI-H.3. -21 - ORDINANCES ITEM # 48124 Upon motton by Councdman Jones, seconded by Councdman Branch, Ctty Council ADOPTED Ordinance to TRANSFER $80, O00 from the Spectal Producttvtty Incenttve Fund ($PIF) account tn the Non-Departmental Operattonal Support FY 2000-2001 operating budget to the Department of Communications and Information Technology's operating budget re purchaslng centralized tape backup and network attached storage systems Vottng 10-0 (By ConsenO Council Members Vottng Aye Llnwood 0 Branch, IIL Margaret L Eure, Wdham W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandlgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker and Rosemary Wilson Council Members Voting Nay None Council Members Absent Vice Mayor }Vdham D Sessoms, Jr May 8, 2001 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE TO TRANSFER $80,000 FROM THE NON-DEPARTMENTAL OPERATIONAL SUPPORT FY 2000-01 OPERATING BUDGET TO THE DEPARTMENT OF COMMUNICATIONS AND INFORMATION TECHNOLOGY'S FY 2000-01 OPERATING BUDGET TO PURCHASE CENTRALIZED TAPE BACKUP AND NETWORK ATTACHED STORAGE SYSTEMS WHEREAS, funding under the Special Productivity Incentive Fund ("SPIF") was established to assist departments in implementing projects that demonstrate a payback through the long-term reduction of operating costs, improve the ability of agencies to respond to existing documented demand for service at the same cost, or move the City toward less labor-intensive solutions and toward customer self-service where applicable; and WHEREAS, the Department of Communications and Information Technology has requested SPIF funding to purchase centralized tape backup and network attached storage systems to extend the life and functionality of system servers and components. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, That $80,000 is hereby transferred from the Special Productivity Incentive Fund account in the Non-Departmental - Operational Support FY 2000-01 operating budget to the Department of Communications and Information Technology's FY 2000-01 operating budget to purchase centralized tape backup and network attached storage systems. 29 3O 31 32 33 34 35 36 37 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of May , 2001. CA8095 F:\Data\ATY\Ordin\NONCODE~ComIt Equipment.ord.wpd April 25, 2001 R-2 APPROVED AS TO CONTENT: Manag~nt APPROVED AS TO LEGAL SUFFICIENCY: ~ity Attorn~e.~ § Off'('~e~~/ Item VI-H. 4. - 22 - ORDINANCES ITEM it 48125 Upon motton by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED Ordmance to AUTHORIZE acqutsttton of rtght-of-way for Nimmo Parlovay Phase I/West Neck Road Extended wtth temporary and permanent easements, etther by agreement or condemnatton re intersection improvements Votmg 10-0 (By Consent) Counctl Members Votlng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Vottng Nay: None Counctl Members Absent Vtce Mayor Wtlliam D Sessoms, Jr May 8, 2001 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR NIMMO PARKWAY PHASE 1/WEST NECK ROAD EXTENDED (Ch' 2-O90) AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS, EITHER BY AGREEMENT OR CONDEMNATION WHEREAS, in the opinion of the Council of the City of %rgnma Beach, %rglma, a public necessity exists for the construction of th~s ~mportant roadway project and intersection improvements to provide transportation and for other public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people m the C~ty of %rgima Beach NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1 That the City Council authorizes the acqmsmon by purchase or condemnation pursuant to Sections 15 2-1901, et seq, Code of %rgm~a of 1950, as amended, of all that certmn real property in fee s~mple, including temporary and permanent easements and right-of-way (collectively the "Property") as shown on the plans entitled "NIMMO PARKWAY PHASE I/WEST NECK ROAD EXT · CIP 2-090" (the "Project"), and more specffically described on the acquisition plats for the Project (collectively the "Plans"), the Plans being on file in the Englneenng Dlws~on, Department of Pubhc Works, City of Virgnma Beach, %rglma Section 2 That the City Manager is hereby authorized to make or cause to be made on behalf of the City of %rg~ma Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest ~n the Property If refused, the City Attorney ~s hereby authorized to lnst~tute proceedings to condemn the Property Adopted by the Council of the City of%rgm~a Beach, %rglma, on the @t:h day of t~a¥ ,2001 CA- PREPARED March 8, 2001 A~R?VED AS TO CONTENTS :~IGNA~'I~RE DEPARTMENT APPROVED AS TO LEGAL SU,F,F~IENCY AN~D/~0RM CITY A~oRNE~ % 0~00 % / 0 0 0~°0 0 0 o© o oo o o - 23 - Item VI-H.$. ORDINANCES ITEM # 48126 Upon motion by Counctlman Jones, seconded by Counctlman Branch, Ctty Counctl APPROVED Tax Refunds: $411.14. Votmg 10-0 (By Consent) Counctl Members Votmg Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham }V Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker and Rosemary [Vtlson Council Members Vottng Nay None Counctl Members Absent Vice Mayor Wtlham D Sessoms, Jr May 8, 2001 AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following apphcat~ons for tax refunds upon certfficat~on of the Treasurer are hereby approved Tax Type Ticket Exoneration Date NAME Year of Tax Number Number Paid Penalty Int. Total Barbacem, Dawd A & Deborah F 1998 Barbacem, Dawd A & Deborah F 1998 Barbacem, Dawd A & Deborah F 1999 Barbacem, Dawd A & Deborah F 1999 Barbacem, Dawd A & Deborah F 2000 Barbacem, Dawd A & Deborah F 2000 Barbacem, David A & Deborah F 2001 Kmght, Barry D 2001 Mart~n, Jesse W & Laura J et al 2001 Ostarander, Troy A 2001 Sherman, Dawd R & Karla N 1998 Sherman, Dawd R & Karla N 1998 Sherman, Dawd R' & Karla N 1999 Sherman, David R & Karla N 1999 Sherman, Dawd R & Karla N 2000 Sherman, Dawd R & Karla N 2000 Sherman, Dawd R & Karla N 2001 TOTAL: RE(l/2) 98-006176-8 EA 12/03/97 RE(2/2) 98-006176-8 EA 06/01/98 RE(l/2) 99-006523-7 EA 12/05/98 RE(2/2) 99-006523-7 EA 05/24/99 RE(1/2) 00-006673-3 EA 12/05/99 RE(2/2) 00-006673-3 EA 05/18/00 RE(l/2) 01-006899-0 EA 11/30/00 RE(2/2) 01-069872-9 02/23/01 RE(l/2) 01-080225-0 EA 12/05/00 RE(l/2) 01-094725-6 12/05/00 RE(l/2) 98-110907-4 EA 11/25/97 RE(2/2) 98-110907-4 EA 05/19/98 RE(l/2) 99-111850-8 EA 12/05/98 RE(2/2) 99-111850-8 EA 05/24/99 RE(l/2) 00-113202-7 EA 12/05/99 RE(2/2) 00-113202-7 EA 05/18/00 RE(l/2) 01-114469-2 EA 11/30/00 21 88 21 88 21 89 21 89 21 89 21 89 21 89 761 180 96 7 83 8 79 8 79 8 79 8 79 8 79 8 79 8 79 411.14 Th~s or&nance shall be effective from date of adoption The above abatement(s) totahng were approved by the Council of the C~ty of V~rg~ma Beach onthe 8'ch dayof [Vlay, 2001 Ruth Hodges Srmth C~ty Clerk Cei John App~ [' ~tkl~son, ~r~a~urer red as to form C~ty Attorney I - 24 - Item VI-I. PLANNING ITEM # 4812 7 1. EMMA JUNE DEPEW VARIANCE CONDITIONAL USE PERMIT 2. SBA, INC. CONDITIONAL USE PERMIT 3. TRITON PCS A. CR 0 WN COMMUNICATION CONDITIONAL USE PERMIT B. VIRGINIA STORAGE, LLC (David W. Gatling) CONDITIONAL CHANGE OF ZONING 4. RHEMA HAR VEST CHURCH CONDITIONAL USE PERMIT 5. JEFF RIDDLE CONDITIONAL USE PERMIT 6. RIGANTO, LLC CONDITIONAL CHANGE OF ZONING 7. ERIC HOFFMAN CHANGE OF ZONING May 8, 2001 - 25 - Item VI-I. PLANNING ITEM # 48128 Upon motton by Counctlman Jones, seconded by Counctlman Branch, Ctty Counctl APPROVED in ONE MOTION Items 1 and 7 of the PLANNING AGENDA Vottng 10-0 (By ConsenO Counctl Members Vottng Aye Lmwood 0 Branch, III, Margaret L Eure, William W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Vottng Nay' None Counctl Members Absent Vice Mayor Wilham D Sessoms, Jr May 8, 2001 -26- Item VI-I. 1. PLANNING ITEM # 48129 Upon motton by Counctlman Jones, seconded by Counctlman Branch, Ctty Counctl ADOPTED apphcattons of EMMA JUNE DEPEW for a Variance to 3~ 9 3 of the Subdtvtston Ordtnance to (a) reduce the pavement wtdth for the cul-de-sac and (b) tncrease the number of permttted flag lots and (c) a Conchttonal Use Permtt Appeal to Dectstons of Admtntstrattve Officers tn regard to certatn elements of the Subdivtston Ordinance, Subdtvtston for Emma June DePew Property ts located on the north stde of Vaughan Road, 2920feet west of Prtncess Anne Road (GPIN #2401-45-8818, #2401-45-9235, #2401-45- 2058) PRINCESS ANNE - DISTRICT 7 The followtng condttton shall be requtred' 1 The cul-de-sac must be constructed tn accordance wtth Pubhc Works Standard A-18, "Typtcal Sectton for 50' Rural Artertal" AND, ORDINANCE UPON APPLICATION OF EMMA JUNE DEPEW FOR A CONDITIONAL USE PERMIT FOR AN AL TERNA TIVE RESIDENTIAL DEVELOPMENT R05013047 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon apphcatton of Emma June DePew for a Conchttonal Use Permtt for an alternattve restdenttal development on the north stde o.[ Vaughan Road, 2920feet west of Prtncess Anne Road (GPIN #2401-45- 8818, #2401-45-9235, #2401-45-2058) Satdparcel contains 53 62 acres DISTRICT 7 - PRINCESS ANNE The followmg con&ttons shall be requtred 1 No more than seven dwelhngs are permttted on the subject property . The subchvtston shall be destgned as shown on the submttted prehmtnary subcltvtston plan entitled, "Prehmtnary Subchvtston of Property of Emma June Depew & James Dempsey Vaughan, " by Gallup Surveyors and Engtneers dated February 9, 2001 However, the plan may be altered tf necessary due to Health Department requtrements for water supply and/or on-stte sewage treatment To the extentpermtsstble by the Department of Pubhc Health, any lots which do not qualify for a standard septtc system and would otherwtse use a land management wastewater treatment system shall tnstead use an onstte secondary wastewater treatment system ustng a peat mechum or stmtlar system allowtng the use of small lot stzes (below two acres) An easement covertng the restdual property (the area outstde of the six new lots) shall be submitted as a component of the final subdtvtston plat, and shah be recorded tn the Clerk's Office of the Ctrcutt Court The easement shall restrtct the use of these areas to one dwelhng and accessory uses, open space, and agrzcultural uses The content and form of such mstrument shah be acceptable to the Ctty Attorney 4 Offstte dratnage easements must beprovtded, tfnecessary, prior to subchvtston approval. May 8, 2001 Item VI-L1. -27- PLANNING ITEM # 48129 (Continued) To ensure emergency vehtcle accesstbthty, the driveway(s) for lots 3 and 4 shall be paved with an all-weather surface capable of supporting a minimum of 55, 000 pounds ,l 50-foot vegetated buffer shah be tnstalled along all restdentlal property hnes where they abut an acttve agrtcultural operation Such buffer shall consist of a row of Vlrgtnla Ptnes and a row of Wax Myrtle shrubs The required buffers shall be planted prlor to occupancy of the residential lots These conditions shall be noted on the final plat, construction plans, and tndtvidual site plans Thts Ordinance shall be effective in accordance with Sectton 107 09 of the Zoning Ordinance ,ldopted by the Councd of the City of Vlrgtma Beach, Virglnta, on the Etghth Of May, Two Thousand One Votmg 10-0 (By Consent) Council Members Voting,lye Llnwood O. Branch, III, Margaret L. Eure, William W Harrtson, Jr, Barbara M. Henley, Louts R Jones, Reba S McClanan, Robert C Mandlgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker and Rosemary }Vdson Councd Members Vottng Nay None Council Members Absent Vice Mayor Wtlham D Sessoms, Jr May 8, 2001 Item VI-I.2. - 28 - PLANNING ITEM # 48130 Ntcole Counts, 2200 Colomal Avenue, Sutte 24, Norfolk, VA 23517, Phone 2 74-0056 C E Forehand, Terrttortal Manager - SBA Tower, Inc, 2200 Colomal Avenue, Sutte 24, Norfolk, VA 23517, Phone 274-0056, advtsed thts apphcatton was designed by SPRINT The other sttes are spaced out approxtmately every five mtles The network betng proposed tn southern Vtrgtma Beach wouM be composed offour (4) sttes The Sprtnt Technology does not tnterfere wtth the 911 system COMIT ts more concerned wtth the Nextel system Upon motton by Counctl Lady Henley, seconded by Councd Lady Wdson, Ctty Council DEFERRED INDEFINITEL Y, Or&nance upon apphcatton of SBA, INC., for a Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF SBA, INC FOR A CONDITIONAL USE PERMIT FOR A MUL TI USE COMMUNICATION TO WER Or&nance upon apphcatton of SBA, Inc for a Con&ttonal Use Permtt for a commumcatton tower on the south stde of Pungo Ferry Road, 146 70feet west of Prtncess Anne Road (GPI #2309-51-0736) Satd parcel ts located at 2165 Pungo Ferry Road and contatns 48 70 acres DISTRICT 7 - PRINCESS ANNE Councd Lady Henley requested a report on the locatton of extsttng towers (ctty-wtde), tnchcatton of evaluattng future sttes, and the tssue of tnterference problems wtth the Ctty's emergency commumcatton system Vottng 8-1 Councd Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf and Rosemary Wilson Council Members Vottng Nay Wdham W Harrison, Jr Council Members Abstatntng Nancy K Parker Counctl Members Absent Vtce Mayor Wtlham D Sessoms, Jr Counctl Lady Parker DISCLOSED and ABSTAINED pursuant to Sectton 2 1-639 14(E), Code of Vtrgtnta, that she and her husband are owners of Parker Pools, Inc and provtde services to the father of the property owner for whom the conchttonal use permtt ts sought Although, the Ctty Attorney has advtsed that she ts not requtred to dtsclose thts tnterest as tt does not meet the crtterta ofa personal tnterest tn the transactton under the Confltct of Interests Act, Counctl Lady Parker wtshes to chsclose this tnterest and ABSTAIN from parttctpattng tn thts transactton Council Lady Parker's letter of May 8, 2001, ts hereby made apart of the record Thts ttem was voted upon after Item 14 (RHEMA HARVEST CHURCH) May 8, 2001 City of Virgini NANCY K PARKER COUNCILWOMAN AT-LARGE 604 GOLDSBORO AVENUE VIRGINIA BEACH, VIRGINIA 23451 (804) 425-1589 May 8, 2001 Mrs. Ruth Hodges Smith, MMC C~ty Clerk Municipal Center V~rg~ma Beach, Virginia 23456 Re: Abstention Pursuant to Section 2.1-639.14(E), Code of Virginia Dear Mrs. Smith: Pursuant to the V~rglma Conflict of Interests Act, Section 2.1-639.14(G), Code of V~rg~ma, I make the following declaration The transaction for which I am executing this written disclosure Is the Council consideration of an apphcat]on for a conditional use permit by SBA, Inc. , The nature of my personal interest is that my husband and I are owners of Parker Pools, Inc., and provide services to the father of the property owner for whom the conditional use permit Is sought To my knowledge, the father of the apphcant has no financial interest in the transaction pending before Council. Although the City Attorney has advised me that I am not reqmred to disclose this interest as it does not meet the criteria of a personal interest in the transaction under the Conflict of Interests Act, I wish to disclose this interest and abstmn from participating ~n this transaction. Accordingly, I respectfully request that you record this declaration in the official records of the City Council. Mrs. Ruth Hodges Smith -2- May 8, 2001 Re: Abstention Pursuant to Section 2.1-639.14(E), Code of Vlrglma Thank you for your assistance and cooperation in this matter. Sincerely, Nancy K. Parker Councdmember NKP/clb Item VI-I. 3. - 29- PLANNING ITEM # 48131 Attorney Glenn Hampton, 9000 Worm Trade Center, Norfolk, Phone 640-3 770, represented the apphcant SunCom has been worktng closely wtth ctty staff or approxtmately two (2) years exammmg aH alternattves for a locatton of a telecommuntcattons facthty tn thts sectton of Vtrgtnta Beach Upon motton by Counctl Lady Henley, seconded by Counctl Lady McClanan, Ctty Counctl DEFERRED INDEFINITELY Apphcattons re Conchttonal Use Permit for a multtple use communtcatton tower and modtficatton of proffers to Condtttonal Zomng Agreement (approved December 7, 1999)tn behalf of TRITON PCS ORDINANCE UPON APPLICATION OF CROWN COMMUNICATION FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATIONS TO WER Or&nance upon apphcatton of Crown Commumcatton for a Conchttonal use Permtt for a communtcattons tower on the north stde of McComas Way, west of General Booth Boulevard (GPIN #2414-0 7-263 7) Satdparcel contatns 3 53 acres DISTRICT 7 - PRINCESS ANNE AND, ORDINANCE UPON APPLICATION OF VIRGINIA STORAGE, LLC, DA VID W GA TLING, FOR THE MODIFICATION OF PROFFERS Ordtnance upon apphcatton of Vtrgtnta Storage, LLC, David W Gathng, for the Modtficatton of Proffers tn the Condtttonal Zontng Agreement approved by Ctty Counctl on December 7, 1999, and recorded tn Deed Book 4178 at page 1881 Property ts located on the north stde of McComas way, west of General Booth Boulevard (GPIN #2414-0 7-263 7) DISTRICT 7 - PRINCESS ANNE Counctl Lady Henley requested a report on the locatton of extsttng towers (ctty-wtde), tnchcatton of evaluattng future sttes, and the tssue of tnterference problems wtth the Ctty's emergenO, communtcatton system Vottng 9-1 Council Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Vottng Nay Wdham W Harrtson, Jr Counctl Members Absent Vtce Mayor Wtlham D Sessoms, Jr May 8, 2001 Item VI-I.4. - 30- PLANNING ITEM # 48132 The followtng regtstered tn SUPPORT: Robert D Ruffin, Phone 306-7653, represented the apphcant Reverend Mtchael Blankenshtp, 3131 Azalea Garden Road, Norfok, Vtrgtnta 23513, Phone 853-0515, represented the current property owner Pastor Gregory Perry, 800 Baker Road, Phone 471-0947, represented Rhema Harvest Church · The followtng regtstered tn OPPOSITION Ltnda P Carrtngton, 712 Bolero Court, Vtce Prestdent Civic League Lavtna M Tyson, 5462 Connte Lane, Phone 497-4716 Upon morton by Counctlman Jones, seconded by Counctlman Branch, Ctty Counctl DENIED Ordmance upon apphcatton of RttEMA HARVEST CHURCH for a Condtttonal Use Permtt RtlEMA HARVEST CHURCH for a Con&ttonal Use Permtt re a church O~INANCE UPON APPLICATION OF RHEMA HAR VEST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH Or&nance upon apphcatton of Rhema Harvest Church for a Con&ttonal Use Permtt .for a church on certatn property located at the eastern extremtty of Connie Lane (GPIN #1468-50-7212) Satd parcel contams 2 acres more or less (DISTRICT 4 - BA YSIDE) Vottng 7-2 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf and Nancy K Parker Councd Members Voting Nay Margaret L Eure and Rosemary Wtlson Counctl Members Abstatntng Wdham W Harrtson, Jr Counctl Members Absent Vtce Mayor Wdham D Sessoms, Jr Councdman Harrtson ABSTAINED as the apphcant had a tttle search performed by hts employer, Wdlcox, Savage May 8, 2001 Item VI-I. 5. - 31 - PLANNING ITEM # 48133 Jeff Rtddle, 2508 Ltttle Lake Court, Phone 496-3366, the apphcant Item VI-I. 5. Andrea Rtddle, 2508 Ltttle Lake Court, Phone 496-3366, the apphcant Upon motton by Counctlman Harrtson, seconded by Councilman Branch, Ctty Counctl ADOPTED Ordtnance upon apphcatton of JEFF RIDDLE for a Condtttonal Use Permit ORDINANCE UPON APPLICATION OF JEFF RIDDLE FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (AQUACULTURE BUSINESS) R 0 5 013 0 4 8 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon apphcatton of Jeff Rtddle for a Condtttonal Use Permtt for a home occupatton (aquaculture bustness) at the termtnus of Ltttle Lake Court (GPIN #1498-65-2452, #1498-65-4525, #1498-64-7978) Said parcel ts located at 2508 Ltttle Lake Court and contatns 5 121 acres DISTRICT 5 - L YNNHA VEN The following conchttons shall be requtred 1 No trucks larger than a ptck-up truck shall be permttted to be utthzed as part of the aquaculture operation 2 No crab shed&ng tanks or shellfish nursery tanks shall be tnstalled outstde of the extsttng 1,1 O0 square foot shed 3 No stgnage shall be permttted that tdenttfies thts property as an aquaculture operatton Any addttton to the existing accessory structure (shed)for the purposes of aquaculture or any extenston of the aquaculture operatton onto other porttons of the property shall requtre approval by the Vtrgmta Beach Ctty Counctl through modtficatton of thts Conchttonal Use permtt This Or&nance shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Ordtnance Adopted by the Counctl of the City of Vtrgtnta Beach, Vtrgtma, on the Etghth Of May, Two Thousand One Vottng 9-1 Council Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker and Rosemary Wtlson Council Members Voting Nay Reba S McClanan Counctl Members Absent Vtce Mayor Wilham D Sessoms, Jr May 8, 2001 Item VI-I. 6. - 32 - PLANNING ITEM # 48134 Attorney R Edward Bourdon represented the apphcant On September 22, 1998, a request for a Change of zontng to Condtttonal I-1 and a Conchttonal Use Permtt on this stte for processtng and storage of woody vegetatton (ROSEMONT COMMERCE PARK, L L C/ARBOR TREE EXPERTS, INC was approved and then reconstdered and dented on October 27, 1998 James M Arnhold, developer Upon motton by Councd Lady Henley, seconded by Counctl Lady Eure, City Council DEFERRED INDEFINITEL Y, Ordtnance upon Apphcatton of RIGANTO, L.L. C., for a Condtttonal Change of Zontng ORDINANCE UPON APPLICATION OF RIGANTO, L L C, FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5D TO CONDITIONAL I- 1 Ordtnance upon apphcatton of Rtganto, L L C, a Vtrgtnta hmtted habthty company for a Change of Zontng Dtstrtct Classtficatton from R - 5D Restdenttal Duplex Dtstrtct to Condtttonal I- 1 Light Industrtal Dtstrtct on certatn property located on the east stde of South Rosemont Road, 1300 feet more or less north of Dam Neck Road (GPIN #1494-04-7615) The proposed zoning classtficatton change to Conchttonal I-1 ts for hght tndustrtal land use The Comprehenstve Plan recommends use of thts parcel for a vartety of employment uses tncluchng bustness parks, offices, tndustrtal and employment support uses tn accordance with other Plan pohctes Satdparcel contatns 33 acres (DISTRICT 7- PRINCESSANNE) Thts Deferral wtll allow revtston of proffers Vottng 9-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Vottng Nay None Councd Members Absent Wdham W Harrison, Jr and Vtce Mayor Wdham D Sessoms, Jr Counctlman Harrison left at 7 20 P M May 8, 2001 Item VI-L 7. - 33 - PLANNING ITEM # 48135 Upon motton by Councilman Jones, seconded by Councdman Branch, Ctty Councd ADOPTED Ordtnance upon Apphcatton of ERIC HOFFMAN for a Change of Zoning Dtstrtct Classtficatton ORDINANCE UPON APPLICATION OF ERIC HOFFMAN FOR A CHANGE OF ZONING DISTRICT CLASSIFICA TION FR OM A-12 TO R- 5S Z05011199 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon apphcatton of Ertc Hoffmann for a Change of Zontng Dtstrtct Classtficatton from A-12 Apartment Dtstrtct to R-5S Restdenttal Stngle Famtly Dtstrtct on the north stde of 9th Street, 30feet west of Balttc Avenue (GPIN #242 7-14-0145) Theproposedzontng classtficatton change to R-5S ts for smgle famtly restdenttal land use on lots no less than 5, 000 square feet The Comprehenstve Plan recommends use of this parcel for suburban restdenttal/mechum and htgh denstty use tn accordance wtth other Plan pohctes Satdparcel contatns 6, 000 square feet DISTRICT 6 - BEACH This Or&nance shall be effecttve tn accordance with Section 107 09 of the Zomng Or&nance Adopted by the Council of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Etghth Of May, Two Thousand One Vottng 10-0 (By Consent) Counctl Members Vottng Aye' Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wilson Counctl Members Vottng Nay None Counctl Members Absent Vtce Mayor Wtlham D. Sessoms, Jr May 8, 2001 - 34 - Item I/I-K.I. APPOINTMENTS ITEM # 48136 Upon NOMINATION by Councd Lady McClanan, Ctty Councd APPOINTED: George Zocco 2 year + term thru - 12/31/03 FRANCIS LAND HOUSE BOARD OF GOVERNORS Vottng' 9-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker and Rosemary Wtlson Council Members Vottng Nay None Council Members Absent Wdham W Harrison, Jr and Vice Mayor Wdham D Sessoms, Jr May 8, 2001 - 35- Item VI-K. 2. APPOINTMENTS ITEM # 4813 7 Upon motton by Councd Lady Eure, seconded by Councdman Branch, Ctty Councd RESCINDED appointment of Ktrk D Berkhtmer (5/1/01) AND, agreed to Reconsider the Commtsston appotntment for Centervtlle Dtstrtct for an Unexptred term thru 12/31/03 Voting 9-0 Council Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Wdham W Harrtson, Jr and Vtce Mayor Wdham D Sessoms, Jr May 8, 2001 - 36- Item VI-L. 1. AD JO URNMENT ITEM g48138 Mayor Meyera E Oberndorf DECLARED the City Councd Meettng ADJOURNED at 8:10 P.M. Hooks, CMC Chtef Deputy Ctty Clerk Ctty Clerk Meyera E Oberndorf Mayor Ctty of Vtrgmta Beach Vtrgtnta May 8, 2001