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HomeMy WebLinkAboutAPRIL 22, 2003 MINUTESCITY COUNCIL MAYOR MEYERA E OBERNDORF, At-Large VICE MAYOR LOUIS R JONES, Bays~de -Dtstrtct 4 HARRY E DIEZ, EL, Kempsvdle - Dtstrwt 2 MARGARET L EURE, Centervdle - Dtstrwt 1 REBA S McCLANAN, Ro~e Hall - Dtvtrtct 3 RICHARD A MADDOX, Beach - Dtvtrtct 6 I1M REEVE, Prmces~ Anne - Dt~tr~ct 7 PETER W SCHMIDT, At-Large RON A ~TLLANUEVA, At-Large ROSEMARY WILSON, At-Large IAXtES L WOOD, Lynnhaven -Dt~trtct 5 dAMES K SPORE, Ctty Manager LESLIE L LILLEE Ctty Attorney RUTH HODGES SMITH, MMC, Cay Clerk CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 22 April 2003 ( ITY HALL BUILDING I 2401 COURTHOUSE DRIVE I/IRGINIA BEACH, VIRGINIA 23456-8005 PHONE (757) 427-4303 FAX (757) 426-5669 E MAIL Ctycncl~vbgov eom I. CITY MANAGER'S WORKSHOP -Conference Room - 1:00 PM ho PUBLIC LIBRARIES Martha J. S~ms, L~brary D~rector RESOURCE MANAGEMENT PLAN FISCAL YEAR 2003-2004 C~ty's Proposed Operating Budget - "Commumty For a L~fet~me" Catheryn Wh~tesell, D~rector Management Services 1. Quahty Orgamzat;on II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - 4:00 PM ho Bo CALL TO ORDER - Mayor Meyera E. Obemdorf ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION D CERTIFICATION OF CLOSED SESSION V CITY COUNCIL INFORMAL DISCUSSION VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Rabbi Israel Zoberman Congregation Beth Chavenm C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA 1. Star Spangled Banner - Anthony Sweeney D. ELECTRONIC ROLL CALL OF CITY COUNCIL E CERTIFICATION OF CLOSED SESSION F MINUTES 1. INFORMAL AND FORMAL SESSIONS April 8, 2003 G. AGENDA FOR FORMAL SESSION H. MAYOR'S PRESENTATION 1. PROCLAMATION ao Special Olympics Day - May 3, 2003 Robert S. Miller III, President I. CONSENT AGENDA J. ORDINANCES / RESOLUTIONS 1 Resolution re procedures for the assessment, receipt and collection of TRUSTEE TAXES. Ordinance to AMEND § 21-300 of the Motor Vehicle and Traffic Code to AUTHORIZE the use of photo monltonng systems re Red Light Photo Enforcement. o Ordinance to AMEND § 113 of the Chesapeake Bay Preservation Area Ordinance re written notice and posting of signs for Variances. . o . 10. Ordinance to AMEND the City's Open Air Caf6 regulations regarding permitted improvements and operations (Deferred April 8, 2003) Ordinance to AUTHORIZE temporary encroachment into a portion of the right-of-way on Crab Creek by JOHN A. MERENDA to construct and maintain a boat lift and catwalk at 3561 Piedmont Circle. Ordinance to AUTHORIZE temporary encroachment into a portion of the right-of-way of S. Woodhouse Road by ALANTON CIVIC LEAGUE, INC. to construct and maintain electrical and water conduit, lighting and a sprinkler system at the intersection of South Woodhouse and Mill Dam Roads. Apphcations to the U S. Department of Justice re "pass-through" funding to localities re preparedness and response to weapons of mass destruction (WMD): Resolution to express support to fund grants for equipment and to AUTHORIZE an agent to submit applications and take police and fire related actions to address tactical rescue and hazardous materials should an event occur. bo Ordinance to ACCEPT and APPROPRIATE $233,614 in grants from the U.S. Department of Justice re the purchase of necessary equipment for tactical response: (1) (2) (3) Communications and Information Technology Department: $151,284 Fire Department: $ 53,240 Emergency Medical Services (EMS) Department: $ 29,090 Ordinance to APPROPRIATE $1,805,270 from the Department of Housing and Urban Development (HUD) re the Housing Choice Voucher program and increase revenues from the Federal Government accordingly. Ordinance to APPROPRIATE $119,512 from various sources and $78,845 from the fund balance in the Department of Mental Health, Mental Retardation and Substance Abuse ("MH/MR/SAS") to the FY 2002-2003 operating budget re purchase and lnstalhng a lift system at the Skillquest facility Ordinance to ACCEPT and APPROPRIATE $40,000 from the Federal Emergency Management Agency (FEMA) to the F~re Department's FY 2002-2003 operating budget re a community emergency response team and citizen corps council, increasing the federal revenue accordingly. K° PLANNING ° Application of MICHAEL D. SIFEN, INC. re Change qfZomng District Classification frorr R-5D Residential Duplex District to Conditional I-1 Light Industrial D~stnct to construct a mini warehouse use on the west side of Centerville Turnpike and north of Kempsville Road, containing 6 724 acres. (DISTRICT 1 - CENTERVILLE) Deferred: Recommendation: March 25, 2003 APPROVAL . . . Application of ROYAL COURT, INC. re Change of Zomng District Classtficatton from AG-1 Agricultural District, AG-2 Agricultural District and R-20 Residential District to R-SD Residential Duplex District with a PD-H2 Planned Unit Development District Overlay for residential land use on the north side of Princess Anne Road and Crossroads Trml, contmmng 9.963 acres. (DISTRICT 7 - PRINCESS ANNE) Deferred: Staff Recommendation: Planning Recommendation: March 25, 2003 Defer to May 13, 2003 APPROVAL Applications of GLAMOUR CORPORATION on the south side of Dam Neck Road, west of Corporate Landing Parkway' (DISTRICT 7 - PRINCESS ANNE) Change of Zomng District Classification from AG-1 Agrtcultural Dtstrtct to Condtttonal 0-1 Office Dtstrtct, contmmng 2 acres b. Change of Zoning District Classification from AG-1 Agrtcultural Dtstrtct to Condtttonal H-1 Hotel Dtstrtct, containing 4.4 acres Recommendation: APPROVAL Application of FREDERICK E. LEE, II for a Conditional Use Permit for bulk storage on property at 1153 Jensen Drive, containing 9,680 square feet. (DISTRICT 6- BEACH) Recommendation: APPROVAL Application of REHOBOTH BAPTIST CHURCH for a Con&tional Use Permit for church expanston and stormwater management at 176-182 South Blrdneck Road, containing 2.4 acres. (DISTRICT 6- BEACH) Recommendation: APPROVAL . Applications re property on the east side of Little Neck Road, north of Poplar Bend (864 Little Neck Road), containing 5.319 acres. (DISTRICT 5 - LYNNHAVEN) VOICESTREAM GSM II, L.L.C. for MODIFICATION of Proffers Nos. 1, 2, 4 and REVISE Proffer No. 3 re a Change of Zoning In the apphcatlon of Hubert L. and Mona H. Dall from R-3 Restdenttal Dtstrtct to 0-1 Office Dtstrtct (approved by City Council on February 9, 1981) bo VOICE STREAM WIRELESS for a Conditional Use Permit re wtreless commumcatton facthty/communtcatton tower The apphcant request DEFERRAL to May 13, 2003 Recommendation: APPROVAL . Apphcatlon of LAUNDRY/CARWASH USA for a Conditional Use Permit re a carwash on the northwest comer of Newtown Road and Cabot Avenue, containing 1.57 acres. (DISTRICT 2 - KEMPSVILLE) Recommendation: APPROVAL o Application of City of Virginia Beach for a Change of Zoning District Classification from R- 5D Restdenttal Duplex Dtstrtct to Con&ttonal I-1 Ltght Industrtal Property on the east side of Pnncess Anne Road, north of Dam Neck Road and south of Concert Drive, (LifeNet) containing 21.5 acres. (DISTRICT 3 - ROSE HALL) Recommendation' APPROVAL . Ordinance to AMEND §§ 105, 106, 107, 108, 221, 1405 and 1605 of the City Zoning Ordinance (CZO), pertaining to wrttten nottce and posttng ofstgns for applications. Recommendation: APPROVAL l0 Ordinance to AMEND § 901 of the City Zoning Ordinance (CZO) to include public or private colleges and universities in the B-2, B-3, B-3A, and B-4 Business Districts. NO ACTION NECESSARY L. APPOINTMENTS MINORITY BUSINESS COUNCIL PARKS AND RECREATION COMMISSION THE PLANNING COUNCIL VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) M. UNFINISHED BUSINESS N. NEW BUSINESS 1. ABSTRACT OF CIVIL CASES RESOLVED - March 2003 O ADJOURNMENT 2003 Time Resource Management Schedule April 24 April 24 Apnl 29 May 1 May 1 May 6 May 13 2:00 pm to 5:00 pm 6:00 pm 2:00 to 5'00 pm 6:00 pm 6:00 pm Safe Community RMP Workshop Public Hearing - Proposed FY 2003-04 Resort Management Planning - Kellam High School - 6:00 P.M. Quality Physical Environment Family and Youth opportunities RMP Workshop Public Hearing -Proposed FY Resort Management Planning - City Council Chamber - 6:00 P.M. Reconciliation Workshop City Council ADOPTION FY 2003-04 Resort Management Plan City Council, in trying to be more responsive to the needs of citizens who attend the meetings, has adopted the following time limits for future Formal Sessions Applicant or Applicant's Representative Attorney or Representative for Opposition Other Speakers - each Applicant's Rebuttal 10 Minute 10 Minutes 3 Minutes 3 Minutes THESE TIMES WILL BE STRICTLY ADHERED TO. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) Agenda 04/22/03 slb www vbgov.com 22 Aprt12003 Mayor Meyera E Oberndorf called to order the CITY MANAGER'S WORKSHOP re RESOURCE MANAGEMENTPLAN forthe FISCAL YEAR 2003-2004 tn the Ctty Counctl Conference Room, City Hall Butldtng, on Tuesday, Aprt122, 2003, at 1 O0 P M Counctl Members Present Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf Rosemary Wtlson and James L Wood Counctl Members Absent Jtm Reeve Peter W Schmtdt [Out of the Country] [DEA TH OF FA THER] Ron A Vtllanueva [ENTERED 1 07 P MI -2- RESOURCE MANAGEMENT PLAN FISCAL YEAR 2003 - 200d City's Proposed Operating Budget - "Community for a Lifetime" 1:00 P.M. ITEM # 51053 Mayor Oberndorf recogmzed Susan Loughhn Goranson, Chatr- Pubhc Ltbrary Board, and former Counctl Member Nancy K Parker, Executtve Board Member -Frtends of the Ltbrary Catheryn Whttesell, Dtrector of Management Services, advtsed the Workshops wtll encompass the Department of Libraries and portion of the Quality Organization sectton of the Resource Management Plan LIBRARIES Martha J &ms, Director of Ltbrartes, advtsed The Mission of the Virginia Beach Public Library system provtdes free access to accurate and current tnformatton and matertals to all tndtvtduals, and promotes reading as a crtttcal hfe skdl Ms &ms advtsed the Princess Anne Library ts the first new hbrary opened stnce 1990 The budget for Ltbrartes encompasses $14,470,808 (10.1% growth over FY 2002-03). There are 241 31 Full Ttme Employees (FTE), which ts a 13 25 FTE net mcrease over FY2002-03 16 5 Full Ttme Employees (FTE) are needed for the new Prtncess Anne Ltbrary The Princess Anne Library wtll be open 7 days and 4 ntghts per week Current Services Pubhc Ltbrary Servtces at 7 Ltbrartes Spectahzed Ltbrary Servtces Law Lzbrary Remote Ltbrary Servtces 2,318 492 Htts tn FY2001-02 Ltbrary Renovatton CIP ProJects Productivity Enhancements Scheduhng Software tn Computer Labs Remote Access to Library Servtces $206,000 saved through the use of over 410 Volunteers Ongoing Interhbrary Loan, Shared Catalog, Consortta Dtscounts New Service and Service Reductions Prtncess Anne Ltbrary Opemng tn September 2003 Ready to Learn Coordtnator Reducttons to state Fundtng for Ltbrary Matertals Ehmtnatton of the Bookmobtle Program Aprtl 22, 2003 -3- RESOURCE MANAGEMENT PLAN FISCAL YEAR 2003 - 2004 City's Proposed Operating Budget - "Community for a Lifetime" ITEM # 51053 (Continued) Trends Ltbrary Usage Increases during recesstons Increased tnternet usage at Ltbrartes 47% of Citizens have a Library Card, 80% vtstted a hbrary tn the past 12 months 1 5-MILLION actual vtstts tn FY 2001-02 - 58% tncrease tn Vtrtual gtstts Changtng Format Over $20-MILLION has been invested in new and renovated libraries for the upcoming three (3) years Ms &ms menttoned the Bayside Library and Police Precinct Constructton for the Poltce Precmct ts currently underway Upon completton of the Police Precinct, the Bayside Library constructton wtll commence (projected to be open tn 2005) Ground wtll be broken for the Oceanfront Library on May Ftfih, wtth openmg anttctpated tn September 2004 The Great Neck Area Library wtll reopen afie renovattons tn May There wtll be an official rededtcatton June 4, 2003 Destgn for the Central Ltbrary ts underway The design phase for the Windsor }Foods Library will commence tn dune, which wtll be followed by the destgn phase of the Kempsvtlle renovattons Destgn of the South Rosemont Area Library wtll commence tn August 2003. The new Prtncess Anne Ltbrary wtll encompass new features drtve thru wtndows, self or express checkout, computer lab, spectal areas destgned for teens andpreschoolers, homework center and commumty meeting spaces The Ready to Learn Coor&nator ts a Ctty positron Although designed for Ltbrartes, this posttton wtll coordtnate the early chtldhood educatton tn concert wtth the Ctty's "Ready to Learn" team Thts team ts comprtsed of City, State and School staff mvolved tn early chtldhood educatton, as well as a staff of non profit organtzattons Total allocatton of State aut will comprtse approxtmately $328,000. Mobtle Ltbrary Servtces have been tn extstence since 1959 The Bookmobile has been utthzed to serve Target neighborhoods and visit locations whtch do not have hbrartes wtthtn close proxtmtty Before 1990, servtces were focused on Pungo, Blackwater and the Creeds area Wtth the opentng of the Pungo/Blackwater Ltbrary, attentton was turned to the General Booth Corrtdor As the new Prtncess Anne Ltbrary wtll be openmg, the savtngs tn eliminating this service, would tnclude $194,000 (encompassmg operattng costs and salartes) The Bookmobtle ts at the end of tts hfe span It would entatl approxtmately $167,000 for replacement A commerctal drtver's hcense ts needed to operate the Bookmobde Costs esttmates wtll be provtded relattve operatton of the Bookmobile tn the Target areas and tnfor~natton relattve the number and locations of schools wtth hbrary avatlabthty durmg the Summer shall beprovtded The staff currently servtng the Bookmobtle ts to be placed at the Princess Anne Library The Bookmobile generally travels 3,600 miles per year If the services were to be redirected to Headstart, pre schools, day care centers or sentor centers, the Bookmobile would travel throughout the Ctty Opttons wtll be detatled relattve costs, desttnattons, goals and accomphshments April 22, 2003 -4- ~SOURCE MANAGEMENT PLAN FISCAL YEAR 2003 - 2004 City's Proposed Operating Budget - "Community for a Lifetime" ITEM # 51053 (Continued) Catheryn Whttesell, Dtrector of Management Services, advtsed the Workshop encompasses Quahty Organtzatton, whtch ts comprtsed of fourteen (14) departments rangmg from the Ctty Counctl to the General Services Department The majortty of resources assigned to thts area are allocated to General Servzces Communications and lnformation Technology ts the second largest Department and tncludes the operation of the Emergency Commumcattons Center, maintenance of the Ra&o System, as well as matntenance of computer systems Non-Departmental ts the thtrd largest and tncludes the Regtonal and Communtty Grant Programs, as well as tax rehef for the elderly and &sabled Thts budget encompasses $79,977,816 and 6.2% of the Operating and Capital Budget There are 1,260.34 Full Time Employees (FTE's) The bustness area tncludes the Juvemle Detentton Center staff However, recently a dectston was made to place the Juvenile Detention Center tn the new Department of Human Services as a separate division. AUDIT SER VICES doanne W Grtggs, Ctty Auchtor, advtsed The Mission of the Audit Services Department ts to promote accountabthty and tntegrtty tn Ctty operattons by provtdtng quahty audtt servtces The Departmental Budget for Audit Services is $436,422, whtch equates to a 38 5% reductton from FY 2002-03 There 6 O0 Full Ttme Employees (FTE) (no change) The department recetved $300, O00 for thts current year to coordtnate the HIPAA Compliance Program (Health Insurance Potability and Accountability Act of 1996). Current Services Provtde Ftnanctal, Ftnanctal Related and Performance Auchts of City Programs, Functtons and Acttvtttes Overstght of Ctty's External Audtt Contract Matntatn and Distribute City's Administrative Directives Coordtnated the Ctty-wtde HIPAA Comphance Program Productivity Enhancements Enhanced Enterprtse Audtt Rtsk Assessment Model Trends and Issues Increased Need for Performance Au&ts Comphance wtth new Government Au&ting Standards Aprt122, 2003 -5- RESOURCE MANAGEMENT PLAN FISCAL YEAR 2003 - 2004 City's Proposed Operating Budget- "Community for a Lifetime" Final Thoughts ITEM # 51053 (Continued) Audtt Servtces works to enhance financtal stabthty tn the Ctty by strengthemng fiscal and management controls Asstst pubhc offictals and management to ensure that resources are being used efficiently, economically and effectively to achieve their tntended purpose Gwen Cowart, Dtrector- Commumcattons and Informatton Technology responded re self audtttng of the computers and software hcenstng requtrements Approxtmately $1.6-MILLION was expended for the software licensing In thepast, each department would tndependentlypurchase software and retatn records There was not a conststent approach An Enterprtse Agreement was developed Thts ts a stngle contract held for all the desk top operattng systems and products t e Word, Excel Thts ts centrally managed tn COMIT All procurement for sofiware and hardware comes through the procurement process tn Fmance Thts allows COMIT to retatn an ongotng single deposttory of all software hcenses held Once a month "Asset tn Stght" scans all the computers tn the orgamzatton matntatmng a hsttng of all the software products contained within that computer REAL ESTATE ASSESSOR derald D Banagan, Ctty Real Estate Assessor, advtsed The Mission of the Real Estate Assessor's Office ts to annually tnventory and appratse all taxable and tax exempt real estate tn the Ctty, fairly and eqmtably, tn accordance wtth Vtrgtnta State Law and Vtrgtma Beach Ctty Code, and provtde tnformatton and asststance to the Ctty Counctl, Ctty staff, State Department of Taxation and the pubhc regarding the land book and tndtvtdual assessments The budget encompasses $2,425,934, which is a 1.3% increase over FY 2002-03. Approxtmately 84 54% comprtses personnel 15 46% of the budget ts operattons and a very large portton entads internal servtces There are 35 35 Full Ttme Employees (FTE's) wtth no increase Current Services Annual Assessments, Land Use Assessments and New Construction Process Property Record Matntenance Tax Rehef Program and Pubhc Asststance Aprt122, 2003 -6- RESOURCE MANAGEMENT PLAN FISCAL YEAR 2003 - 2004 City's Proposed Operating Budget - "Community for a Lifetime" ITEM # 51053 (Continued) Productivity Enhancements Staff Appratser Added for tncreased Analysts of Sales Imttated Property Dtgtttztng Trends and Issues Etnergence of Complex types of Real Estate Projects Raptd Apprectatton Increased Use of Tax Rehef Program Increasing Number of Complex Properties Final Thoughts Restdenttal Apprectatton ts Conttnutng tn 2003 Future Growth and Increased parttctpatton tn Tax Rehef Program may tmpact current staffing Relattve the eight (8) neighborhoods, whtch deptcted a dechne tn assessment, approxtmately four were brand new netghborhoods Therefore, the current assessment was based on "asktng prtce" Thts model ts now betng "tweaked" based on better data Oneproject Lesner Point Condo, has drtvtt stdtng there owners are reviewing a major repair bill of approximately SI-MILLION The Homeowners Assoctatton issued a complatnt to the Real Estate Assessor Shannon, a very small netghborhood tn Kempsvtlle, had one or two sales The assessments were approprtate and therefore no change was made One restdent removed a screenedporch, therefore, oneproperty decreased tn value Property value ts not decreastng, readjustments are betng made tn the model based on new tnformatton A report shall be presented concermng netghborhoods whtch over a short span of trine reflected apprectattons less than average A hst of all the sales of hotels at the resort was supphed to Ctty Counctl Mr Banagan beheved assessments were "tn hne" wtth sales prtces The tncome approach ts a techmque Mr Banagan beheved the transtent room tax does not apply to ttme share owners In the tntertm when these ttme shares have not been sold out and the rooms are leased mghtly, a room tax ts collected A state statute advtses property tn the name of the Homeowners Assoctatton ts assessed at a zero value It ts not tax exetnpt, just has no value The purchase prtce of all the homes tn the area pay for whatever common area extsts There ts a mtntmal value assessment on the entrance stgn Relattve correspondence concermng the Homeowners Group or Ctvtc League whtch has an entrance stgn to their commumty, the Group was charged wtth matntenance of this sign and securtng of tnsurance This msurance has tncreased from zero to $150 A renewal premtum was just received for $250 The City Manager shall advtse Mr Banagan advtsed of all theproperttes assessed, hts office was requested to agatn revtew 486properties The Board of Equahzatton heard nineteen (19) appeals April 22, 2003 -7- RESOURCE MANAGEMENT PLAN FISCAL YEAR 2003 - 2004 City's Proposed Operating Budget -"Com m unity for a Lifetime" ITEM # 51053 (Continued) CITY TREASURER Rtckte Rtchards, Accounttng Investment Admtmstrator- Ctty Treasurer, advtsed The Office of the Ctty Treasurer collects revenues and tax recetpts due the Ctty tn the most effictent and effecttve manner and tnvests these funds tn a manner whtch wtll provtde the htghest tnvestment returns only after the goals of maxtmum securtty/safety, meettng dally cash flow demands and conformance wtth all state and local statues govermng the tnvestment of pubhc funds have been met The Ctty Treasurer's Budget ss $4,30,295, which is an 11.4% reduction from FY2002-03. 77.06% is for Personnel and 2Z94% for Operations There are 77 92 Full Ttme Employees (FTEs), whtch ts a 6 15 FTE net decrease over FY 2002-03 Current Services Ttmely and accurate btllmg and collection of taxes and fees Collect parktng ttckets and fines Collect dehnquent taxes and fees Prudent and safe tnvestment of City funds Productivity Enhancements The Treasurer's Office has completed Phase I of the Revenue Assessment and Collecttons System (RACS) allowmg the office to process more transactions tn less ttme New Services and Service Reductions Implementatton of the Local Vehtcle Regtstratton (L VR) program has ehmtnated the need for the Ctty decal program tn the Budget As part of the new L VR program, the office wtll be worktng with the Dtvtston of Motor Vehtcles (DMV) to place "blocks" on dehnquent taxpayers Reduction of 3 57 FTE (a result of State reducttons, but not tncludtng proposed State Income Tax Asststance reducttons) Aprt122, 2003 -8- RESOURCE MANAGEMENT PLAN FISCAL YEAR 2003 - 2004 City's Proposed Operating Budget - "Community for a Lifetime" ITEM # 51053 (Continued) Trends State continues to reduce fun&ng Approximately $100,000 was cut from FY 2002 to FY 2004 (not counttng State Income Tax Asststance) The Office ts projecting an mcrease tn the total number of bdls tt wdl process from 1 7 to 2 2-MILLION Final Thoughts Treasurer's Office plays a crtttcal role tn Revenue Collectton for the Ctty and ts an tmportant potnt of contact between many ctttzens and thetr Ctty The Treasurer's Office wdl conttnue to lobby the Commonwealth to preserve or enhance State Fundtng Resources dohn Atkmson, Ctty Treasurer, advtsed the Dtvtston of Motor Vehtcles (DMV) has offered to make four (4) Treasurer's offices DMV "contract offices" Thts tdea ts currently betng revtewed by staff Intttal studtes tn&cate the funds from DMV wdl more than cover the costs tncurred by the Treasurer's office Dehnquent property tax would be again under the auspices of the Ctty Treasurer COMMISSIONER OF THE REVENUE Ertc T Schmudde, Chtef Deputy Commtsstoner of the Revenue, advtsed for the past five (5) years, the Commtsstoner of the Revenue's budget has dechned an average ofl. 8% per fiscal year The proposed FY 03-04 budget wdl mean fitndtng level reducttons not seen smce 1997 However, the Commtsstoner of Revenue's office ts hoping the City will restore $80,000 in City's budget cuts The state currently funds 35 of the 61full time positions and all part time positions Ntne (9) operattonal areas have been restructured mto four (4) All employees have been cross tratned wtthtn the four (4) operattonal areas From FY99 to FY 02, revenues admtmstered have tncreased by 24 7% These revenues account for 20% of the Ctty's total Operattng Budget Since 1997, productivity has increased by 76. 7%. Seven (7) City funded Full Time Employees (FTE's) have been eliminated, which saved the City $210, O00 per year. Highlights An average of l,2OO personal property calls are answered each day tn May Audtt ten (10) t,nes more bustnesses a year than any Commtsstoner of the Revenue tn the Hampton Roads regton Coordtnate comphance tssues wtth federal, state and local agenctes such as Internal Revenue Servtce, Departments of Army, Navy, Atr Force and Marines, Coast Guard, Dtvtston of Motor Vehicles, Game and Inland Ftshertes, Pohce, Ftre, Zomng, Pubhc Health and Rtsk Management Collect over $120-MILLION tn tax assessments annually Pushed for ehmtnatton of the ctty sttcker Worked wtth the Dtvtston of Motor Vehtcles and ctty staff to develop Local Vehtcle Regtstratton process Aprt122, 2003 -9- RESOURCE MANAGEMENT PLAN FISCAL YEAR 2003 - 2004 City's Proposed Operating Budget- "Community for a Lifetime" ITEM # 51053 (Continued) Taxpayer Service Improvements Extenstve, tnteracttve webstte Clear, conctse descrtpttons of all taxes admtmstered by the Commtsstoner of Revenue Downloadable forms "24/7" (twenty-four hours, seven days a week) access Drtve- Thru personal property assessment appeals Netghborhood and after hours servtce offered for taxpayer convemence Qualtficatton for Mthtary exemptton from personal property taxes at mthtary bases throughout Hampton Roads State tncome tax fihng asststance at local hbrartes and recreatton centers Catheryn Whttesell wtll provtde a hsttng of all state cuts throughout the ctty COMMUNICATIONS AND INFORMATION TE CHNOL OG Y Gwen Cowart, Dtrector, advised the Mission: To provtde and support commumcattons, information, and technology soluttons enable Ctty bustnesses, tnform the commumty, and tmprove and promote quahty of hfe and pubhc safety The Budget encompasses $31,895,475, whtch ts a 6.5% growth over FY2002-03. Thts growth ts prtmartly tn the area of 911 revenues There was a reductton of 5 7% tn the General Fund portton of the Budget There are 280 6 Full Ttme Employees (FTE's), a two (2) FTE growth These two (2) FTE's transferred from Houstng and Netghborhood Preservatton and resulted from conversatton of contracted manpower Current Services Management of Ctty-wtde Communtcattons and Informatton Technologies 911 Emergency Communtcattons Pubhc Relattons and Commumcattons Geo-Spattal Information and Mapptng Servtces Ctty/Schools Prtnt, Mad and Vtdeo Servtces CIP ProJects for replacement and new systems Productivity Enhancements IT costs are 43% lower than peer groups 25% Reductton tn Beach Magaztne cost per household Consohdatton to centrahzed servers Aprt122, 2003 -10- RESOURCE MANAGEMENT PLAN FISCAL YEAR 2003 - 2004 City's Proposed Operating Budget - "Community for a Lifetime" ITEM # 51053 (Continued) New Services and Service Reductions Aerial photography images and ptctometry Information security and privacy office E-documents and E-mapptng servtces to be released on the Vbgov corn Reduced Beach Magaztne productton schedule Reduced computer replacement Trends Increased need for pubhc and media commumcattons for emergenctes Increased usage of electromc resources to locate Ctty Informatton and servtces vta Vbgov corn Final Thoughts 72% of Ctty Employees routtnely use computers tn thetr work Increased securtty and prtvacy tssues Ltfe-cycle management of lnformatton Technology structure Increased servtce demand wtth hmtted resources Dtane Roche, Asststant to the Ctty Manager, Medta and Commumcattons and Sensor Edttor- Beach Magazine, advtsed each edttton currently costs $81,000 (prtnttng, mathng servtces, postage and the agency fee) $8,000 tn revenue ts derived from adverttsements sold for each edttton This equates to approxtmately 43¢ per household reduced from 68¢ per household The proposal for the new year ss to expend $243,000 on three (3) pubhcattons FINANCE Patrtcta A Phdhps, Dtrector- Ftnance, advtsed The Mission of the Finance Department ts to support the Ctty's efforts to become a quahty organtzatton by provtdtng excellent financtal and related bustness systems and servtces to all tnternal and external customers Ms Phdhps referenced the budget comprtses $12.8-MILLION ($7,984, 715 is Risk Managemen0 There has been a 7°/6 growth over FY2002-03 The cost of paytng the Dtvtston of Motor Vehtcles and supporttng the Commtsstoner of Revenue's temporary employees re the Local Vehicle Registration are tncluded tn the Ftnance budget There are 61 95 Full Ttme Employees (FTE's) The 95 FTE comprtses the temporary employees tn the Commtsstoner of Revenue's office Aprtl 22, 2003 -11- RESOURCE MANAGEMENT PLAN FISCAL YEAR 2003 - 2004 City's Proposed Operating Budget - "Community for a Lifetime" ITEM # 51053 (Continued) Current Services Comptroller's Office Debt Management Purchastng Payroll Rtsk Management Productivity Enhancements Web-based Ctty-wtde accounttng system Rtsk Management Safety Commtttee 22% reductton tn staff tn twelve (12) years New Services Vehtcle Regtstratton Program The Ctty has approxtmatelyfifty (50) bond issues, as well as forty-eight (48) Agriculture Reserve Program (ARP) installment purchase agreements outstandtng Rtch Dunford ts the Debt Management Admtntstrator, whtch also tnvolves productng the offictal statements and long term debt report Final Thoughts Increastng Insurance Costs for Rtsk Management Process Improvements and GASB Debt Issuance Mtnortty Bustness Counctl GENERAL REGISTRAR Dr Marlene C Hager, General Regtstrar, advtsed The Mission of the General Registrar's Office ts to matntatn the current regtstratton and electtons process for Vtrgtnta Beach voters at three locattons, to meet mandatory state and federal standards for access to voter regtstratton and to handle the regulatton of the Nattonal Voter Regtstratton Act, Help Amertca Vote Act, and State Board of Electrons pohctes April 22, 2003 - 12- RESOURCE MANAGEMENT PLAN FISCAL YEAR 2003 - 2004 City's Proposed Operating Budget- "Community for a Lifetime" ITEM # 51053 (Continued)) The Budget of the General Regtstrar ts comprised of $1, O5&660, a 7.1% growth over FY2002-03. There are 15.55 Full Time Employees (FTE's), a .30 FTE reduction from FY2002-03 Current Services Voter Registration Matntatn Electrons Process Productivity Enhancements Voter Regtstratton vta Cooperattve ProJect wtth Dtvtston of Motor Vehtcles Ematl Ballots to Mthtary and Overseas Personnel New Services Electromc Ballot System Trends and Issues Increased number of Regtstrants and prectncts Encouraged to use other means for Absentees Final Thoughts Number of regtstrants ts highest tn the area and conttnues to rtse Conttnued enhancements tn cooperatton wtth Dtvtston of Motor Vehtcles Last year, there were seven (7) electrons Thts was the largest number the General Regtstrar's office has tn the last twenty (20) years Matntatntng the electron process ts of prtme tmportance There are seventy- etght (78) prectncts GENERAL SER VICES Barry Shockley, Acting Dtrector, advtsed The Mission of the General Services Department ts to provtde quahty support services to all muntctpal agenctes and dtrect servtces to all ctttzens tn an effective manner The General Services budget ts comprtsed of $44,046,675 with a 4.1% growth over FY2002-03. There are 499 Full Time Employees (FTE's), with a 1 FTE reduction from FY2002-03. Aprtl 22, 2003 - 13- RESOURCE MANAGEMENT PLAN FISCAL YEAR 2003 - 2004 City's Proposed Operating Budget - "Community for a Lifetime" ITEM # 51053 (Continued) Current Services Automottve Servtces Bmldtng Maintenance Landscape Servtces Records Management Budchng Securtty Mumctpal Parking Management Productivity Enhancements One (I) Full Ttme Employee (FTE) reduction tn Director's office resulttng from use of technology Volunteers tn Clean Commumty Programs New Services Stx (6) addtttonal Full Ttme Employees (FTE's) for addtttonal Mamtenance for new CIP projects One (1) addtttonal Full Ttme Employee (FTE) tn Landscape Servtces for Juvende Detentton Center and West Neck Road extended Final Thoughts Our focus ts on provtdmg needed support services Moderntzatton of infrastructure Mr Shockley advtsed General Servtces currently maintains 3.2 median square feet of office space, which equates to thirteen times the space of the new Town Center tower. Over 90 building sites, 90 school sites, 212parks, 156 miles of divided roadways, 200 miles of rural roadways, 393pump stations and water tank sites, plus the resort area are maintained through the Landscape Service Division. Mr Shockley advtsed wtth the rettrement ofDavtd Grochmal, Dtrector- General Servtces, the Ctty Manager ts revtewtng restructurtng the department concermng effictenctes However, there wdl be no reductton tn servtces The City Manager requested the April 24, 2003, Resource Management Plan Fiscal Year 2003-2004 Workshop, commence at 1:00 P.M., rather than 2:00 P.M. Aprt122, 2003 - 14- AGENDA RE VIEW SESSION 4:17 P.M. ITEM # 51054 ,11 Resolutton re procedures for the assessment, recetpt and collection of TRUSTEE TAXES The Ctty Attorney (Ctty Treasurer and Commtsstoner of Revenue) advtsed conferrtng wtth the Commtsstoner of the Revenue and the Ctty Treasurer relattve the report and recommendatton of Vtce Mayor clones and Council Lady McClanan Both Constttuttonal Officers are supportive and look forward to working wtth the City Manager tn addressing the problems assoctated wtth these Trustee Taxes There are concerns The Trustee Taxes are self assessed by each bustness and the tax returns from these bustnesses constst of both an assessment and a tax recetpt The Treasurer needs to depostt the recetpt as thts report tndtcates, however, the Commtsstoner needs to vertfy the assessment Those two functtons occur almost stmultaneously and represent the key operattonal tssues, whtch the Ctty Manager wtll need to asstst wtth resolving Some fundtng dtscusstons relattve staffing wtll also be tnvolved The dehnquent taxes wtll be collected by the Treasurer All of these functtons are tnterrelated and requtre the close cooperatton of the Commtsstoner and Ctty Treasurer The Ctty Manager's asststance tn supervtstng the coordtnatton of those functtons, along wtth the Department of lnformatton Technology, ts necessary and wtll foster a viable system of assessment, receipt and collectton of these taxes ITEM # 51055 d 20r&nance to AMEND 3~ 21-300 of the Motor Vehtcle and Traffic Code to AUTHORIZE the use of photo momtortng systems re Red Light Photo Enforcement Counctl Lady McClanan tnqutred relattve the term "demonstration" program Counctlman Maddox referenced concerns of citizens concermng the low fine of $50 O0 The Ctty ,4ttorney advtsed the language tn the State Code utthzes "demonstratton" program There ts a sunset provtston of 2005 This ordtnance mirrors the state code ITEM # 51056 B Y CONSENSUS, thefollowtng shall compose the CONSENTAGENDA: d I Resolutton reproceduresfor the assessment, recetpt and collectton of TRUSTEE TAXES d 20rdtnance to AMEND 3q 21-300 of the Motor Vehtcle and Traffic Code to AUTHORIZE the use of photo monttortng systems re Red Light Photo Enforcement d 30rdtnance to AMEND ~ 113 of the Chesapeake Bay Preservatton,4rea Ordtnance re written notice and posting of signs for Vartances d 40rdtnance to AMEND the Ctty's Open Atr Cafd regulattons regar&ng permttted tmprovements and operattons (Deferred Aprtl 8, 2003) ,4prt122, 2003 - 15- AGENDA RE VIE W SESSION ITEM # 51056 (Continued) J 50rdtnance to AUTHORIZE temporary encroachment tnto a portton of the rtght-of-way on Crab Creek by JOHN A. MERENDA to construct and matntatn a boat hft and catwalk at 3561 Ptedmont Ctrcle J6 Ordtnance to AUTHORIZE temporary encroachment tnto a portton of the rtght-of-way of S Woodhouse Road by ALANTON CIVIC LEAGUE, INC to construct and matntatn electrtcal and water conduit, lighting and a sprinkler system at the tntersectton of South Woodhouse and Mtll Dam Roads J7 Apphcattons to the US Department of Justtce re "pass-through" funding to locahttes re preparedness and response to weapons of mass destruction (WMD) : Resolutton to express support to fund grants for equtpment and to AUTHORIZE an agent to submtt apphcattons and take pohce and fire related acttons to address tacttcal rescue and hazardous matertals shouM an event occur Ordtnance to ACCEPT and APPROPRIA TE $233,614 tn grants from the U S Department of dusttce re thepurchase of necessary eqmpment for tacttcal response (1) Commumcattons and Informatton Technology Department (2) Ftre Department (3) Emergency Medtcal Servtces (EMS) Department $151,284 $ 53,240 $ 29, 090 J8 Ordtnance to APPROPRIATE $1,805,270 from the Department of Houstng and Urban Development (HUD) re the Housing Choice Voucherprogram and tncrease revenues from the Federal Government accordmgly J9 Ordtnance to APPROPRIATE $119,512 from vartous sources and $78,845from the fund balance tn the Department of Mental Health, Mental Retardation and Substance Abuse ("MH/MR/SAS ") to the FY 2002-2003 operating budget repurchase and tnstalhng a lift system at the Skillquest facthty JlOOrdtnance to ACCEPT and APPROPRIATE $40,000 from the Federal Emergency Management Agency (FEMA) to the Ftre Department's FY 2002-2003 operattng budget re a community emergency response team and Citizen Corps Council, mcreastng the federal revenue accordtngly Aprt122, 2003 -16- AGENDA RE VIEW SESSION ITEM # 5105 7 K1 Apphcatton of MICHAEL D. SIFEN, INC. re Change of Zomng Dtsmct Classtficatton from R-SD Restdenttal Duplex Dtstrtct to Conditional I-1 Ltght Industrtal Dtstrtct to construct a mtnt warehouse use on the west stde of Centervtlle Turnpike and north of Kempsvtlle Road, contatntng 6 724 acres (DISTRICT 1 - CENTER VILLE) Counctl Lady Eure advised the negottattons authortzed by Ctty Counctl have not been successful Counctl Lady Eure has spoken wtth Attorney Bourdon and met wtth Assistant City Attorney Gary Fentress and dtm Lawson - Real Estate Appratsal wtll entatl forty-five (45) days Mr Bourdon has requested a DEFERRAL to May 13, 2003. Council Lady Eure advtsed an appratsal cannot be recetved by thts ttme Counctl Lady Eure requested a DEFERRAL to June 3, 2003. Mr Lawson advtsed endeavortng to secure an appratser The meettng wtth the appratser cannot be before May 28, 2003 This item shall be discussed tn Closed Session. K3 ITEM # 51058 Apphcattons of GLAMOUR CORPORA TION on the south stde of Dam Neck Road, west of Corporate Landmg Parkway (DISTRICT 7- PRJNCESS ANNE) Change of Zomng Dtstrtct Classification from AG- I Agricultural Dtstrtct to Condtttonal 0-1 Office Dtstrtct, contatntng 2 acres Change of Zomng Dtstrtct Classtficatton from AG-1 Agrtcultural Dtstrtct to Condtttonal H-1 Hotel Dtstrtct, contatntng 4 4 acres Counctl Lady McClanan advtsed the stgn was not present relattve thts apphcatton Stephen White, Planmng, advtsed at the time of the Planmng Commtsston heartng, the stgn was posted on Dam Neck Road tn a vtstble locatton The staff dtd not check on the stgn after the Planning Commtsston heartng Deputy Ctty Attorney Macah advtsed Counctl Lady Eure had requested an ordtnance relattve the requtrements for posttng stgns, whtch will entatl vertficatton by the staff Counctl Lady Wtlson suggested a photograph also be taken of the posted stgn Mayor Oberndorf and Council Lady McClanan will vote NAY Mayor Oberndorf advtsed this apphcatton ts close to Oceana and was concerned about the Navy's support of thts apphcatton Mayor Oberndorf dtd not wtsh to do anythtng whtch would cause the Navy to beheve the Ctty was not interested tn sustatntng Oceana April 22, 2003 -17- AGENDA RE VIE W SESSION ITEM # 51059 K6 Apphcattons re property on the east side of Little Neck Road, north of Poplar Bend (864 Ltttle Neck Road), contatmng 5 319 acres (DISTRICT 5 - L YNNHA VEN) VOICESTREAM GSM II, L.L.C. for MODIFICATION of Proffers Nos I, 2, 4 and REVISE Proffer No 3 re a Change of Zomng tn the apphcatton ofHubert L and Mona H Datl from R- 3 Restdenttal Dtstrtct to 0-1 Office Dtstrtct (approved by Ctty Counctl on February 9, 1981) b. VOICE STREAM WIRELESS for a Condtttonal Use Permtt re wtreless communtcatton facthty/communtcatton Attorney Stephen Romtne, representtng the apphcant, has requested DEFERRAL to May 13, 2003. Attorney Marttn A Thomas, representtng the Bishopsgate Civic League, advtsed he ts not avatlable on May ] 3th, however, ts avatlable on May 6th and June I 0th Mr Whtte has conferred wtth Attorney Romtne who had conferred wtth Attorney Thomas Both attorneys concur with the DEFERRAL until June 10, 2003. Counctlman Wood wtll ABSTAIN on thts ttem ITEM # 51060 K8 Apphcatton of Ctty of Vtrgtnta Beach for a Change of Zoning Dtstrtct Classtficatton from R-5D Restdenttal Duplex Dtstrtct to Con&ttonal I-I Light Industrial Property on the east side of Prtncess Anne Road, north of Dam Neck Road and south of Concert Drive, (LifeNeO contatnmg 21 5 acres (DISTRICT3 - ROSE HALL) Counctl Lady McClanan referenced the homes located behtnd the Farmer's Market and was not sure the concerns of these restdents were addressed Thts ttem wtll be addressed durtng the Formal Sesston ITEM # 51061 KIO Ordtnance to AMEND 3~ 901 of the Ctty Zontng Or&nance (CZO) to tnclude pubhc or prtvate colleges and untverstttes tn the B-2, B-3, B-3A, and B-4 Bustness Dtstrtcts NO ACTION NECESSARY Aprtl 22, 2003 - 18- AGENDA RE VIEW SESSION ITEM # 51062 B Y CONSENSUS, the following shall compose the PLANNING B Y CONSENT AGENDA K2 K4 K5 K6 Apphcatton of ROYAL COURT, INC. re Change of Zontng Dtstrtct Classtficatton from AG-1 Agrtcultural Dtstrtct. AG-2 Agrtcultural Dtstrtct and R-20 Restdenttal Dtstrtct to R-SD Restdenttal Duplex Dtstrtct wtth a PD-H2 Planned Umt Development District Overlay for residential land use on the north stde of Prmcess Anne Road and Crossroads Tratl, contatntng 9 963 acres (DISTRICT 7 - PRINCESS ANNE) Apphcaaon of FREDERICK E. LEE, H for a Condtaonal Use Permtt for bulk storage on property at 1153 Jensen Drtve, contatntng 9, 680 square feet (DISTRICT 6- BEA CH) Apphcatton of REHOBOTH BAPTIST CHURCH for a Condtttonal Use Permtt for church expanston and stormwater management at 176-182 South Btrdneck Road, contatmng 2 4 acres (DISTRICT 6- BEA CH) Apphcattons re property on the east stde of Ltttle Neck Road, north of Poplar Bend (864 Ltttle Neck Road), contatmng 5 319 acres (DISTRICT 5 - L YNNHA VEN) VOICESTREAM GSM II, L.L.C. for MODIFICATION of Proffers Nos I, 2, 4 and REVISE Proffer No 3 re a Change of Zonmg tn the apphcatton of Hubert L andMona H Dad from R- 3 Residential Dtstrtct to 0-1 Office Dtstrtct (approved by Ctty Council on February 9, 1981) b. VOICE STREAM WIRELESS for a Condtttonal Use Permtt re wireless communtcatton facdtty/communtcatton K7 Apphcatton of LA UNDRY/CARWASH USA for a Condtttonal Use Permtt re a carwash on the northwest corner of Newtown Road and Cabot Avenue, contatntng 1 57 acres (DISTRICT 2 - KEMPSVILLE) Aprd 22, 2003 -19- AGENDA RE VIE W SESSION ITEM # 51062 (Continued) K9 Ordinance to AMEND 3~ 105, 106, 107, 108, 221, 1405 and 1605 of the Ctty Zomng Ordtnance (CZO), pertatntng to wrttten nottce and posttng of stgns for apphcattons Item K 2 will be DEFERRED, BY CONSENT, unttl the Ctty Counctl Sesston of May 13, 2003 Item K 6 wtll be DEFERRED, BY CONSENT, unttl the Ctty Counctl Sesston of June 10, 2003 April 22, 2003 - 20- CITY COUNCIL COMMENTS 5:45 P.M. ITEM # 51063 Council Lady Wtlson referenced the Southeastern Parkway and asked for the status of the second Environmental Impact Study (EIS). Vtce Mayor Jones advtsed the fun&ng issue was deferred at the Hampton Roads Planntng Dtstrtct Commtsston (HRPDC) meetmg The fundmg wtll be addressed at the next meetmg The Ctty Manager advtsed the goal ts to have the 3-year update to the 20-year plan accomphshed by the end of the year The major tssue wtll be the financtal constratned plan There ts the tssue whether tolls, sales tax or any type of tax tncrease not authortzed by the General Assembly can even be tncluded tn the Plan Robert Matthtas, Asststant Ctty Manager, advtsed the contract re the Southeastern Parkway currently also tncludes a toll feasibility study. The first wtll be the traffic forecast, but thts cannot be accomphshed unttl more information ts received on the 20-year plan The Federal Htghway Admtntstratton states the Ctty cannot anttctpate plactng tolls on the Interstate system, unless spectfically authortzed by the General Assembly The T-21 Legtslatton (Transportation Equity Act for the Twenty-first Century) ts betng constdered for re-authortzatton thts year There wtll be a resolutton scheduled for Ctty Counctl wtthtn the next two weeks requesttng re-authortzatton The staff ts suggesttng Ctty Counctl request tncreased flextbthty on the utthzatton of tolls on the Interstate system There ts about $4-BILLION worth of funds tdenttfied from the Federal and State A Worksheet was provtded to the Councd Members who could not attend the HRPDC meeting The projects which are under review and have the best "bang for the buck" are predomtnately located tn Vtrgmta Beach These have a very htgh cost benefit ratto ITEM # 51064 Counctl Lady McClanan referenced the child shot in the Hilltop area over the weekend The restdents are complatntng that gunshots are constantly tn thts area The Ctty Manager advtsed he was a restdent of the Hilltop area and the gunshots he hears are from the Navy Trap Range at Oceana The Ctty Manager wtll tnvesttgate and advtse ITEM # 51065 Counctl Lady Eure referenced the tndustry report on mini-storage and requested Ctty Council revtew Should Members not have a copy, she will fax one to them ITEM # 51066 The Official For A Day program, tn recogmtton of National Student Leadership Week, was held on Monday, Aprt121, 2003 The program ts destgned to provtde selected htgh school student leaders wtth the opportumty to learn about ctty government and school system admtntstratton A young doctor of twenty- ntne years, graduate of Cox High School, spoke at the Pavilion Luncheon She advised the Mayor had read to her tn one of her elementary classes and she would not thtnk of setthng tn any other Ctty than Vtrgtnta Beach Mayor Oberndorf and Counctl Lady Wtlson advtsed Cathertne Lynnette Mandtgo (Lynn) (daughter offormer Vtce Mayor Robert Mandtgo) was the Chart of the Official for a Day and was responstble for thts outstandtng event Aprt122, 2003 - 21 - ITEM # 5106 7 Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Ctty Counctl Conference Room, Ctty Hall Buddtng, on Tuesday, Aprt122, 2003, at 5 O0 PM Counctl Members Present Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard .4 Maddox, Mayor Meyera E Oberndorf, Ron .4 Vdlanueva, Rosemary Wdson and James L Wood Council Members .4bsent Jtm Reeve and Peter W Schmtdt .4prd 22, 2003 - 22 - ITEM # 51068 Mayor Meyera E Oberndorf entertatned a motton to permtt Ctty Counctl to conduct tts CLOSED SESSION, pursuant to Section 2 1-344(A), Code of Vtrgmta, as amended, for the followmg purpose PERSONNEL MA TTERS Dtscusston, constderatton or tntervtews of prospecttve can&dates for employment, asstgnment, appomtment, promotton, performance, demotton, salartes, dtsctphntng, or restgnatton of spectfic pubhc officers, appotntees, or employees pursuant to Sectton 2 2-3 711 (A) (1) To Wtt Appotntments Boards and Commtsstons Hampton Roads Economtc Development Alhance Mtnortty Bustness Counctl Parks and Recreatton Commtsston The Planmng Counctl Vtrgtnta Beach Communtty Development Authortty PUBLICL Y-HELD PROPERTY Dtscusston or constderatton of the acqutsttton of real property for a pubhc purpose, or of the dtsposttton of pubhcly-held real property, where dtscusston tn an open meettng would adversely affect the bargatntng posttton or negottattng strategy of the pubhc body pursuant to Sectton 2 2-3711(A)(3) Acqutsttton/Dtsposttton of Property - Centervtlle Dtstrtct PUBLIC SAFETY Dtscusston of plans to protect pubhc safety as tt relates to terrorist acttvtty and brtefings by staff members, legal counsel, or law-enforcement or emergency servtce offictals concermng actions taken to respond to such acttvtty or a related threat to pubhc safety pursuant to Sectton 2 2-3 711 (A)(20) Emergency Preparedness Upon motton by Vtce Mayor dones, seconded by Counctl Lady Wtlson, Ctty Counctl voted to proceed tnto CLOSED SESSION. Vottng 9-0 Counctl Members Votmg Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Council Members Vottng Nay None Counctl Members Absent dtm Reeve and Peter W Schmtdt (5:00 P.M. to 6:20 P.M.) Aprt122, 2003 - 23 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL 6:25 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Counctl Chamber, Ctty Hall Butldmg, on Tuesday, Aprtl 22, 2003, at 6 25 P M Counctl Members Present Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Ron A Vtllanueva, Rosemary Wdson and James L Wood Counctl Members Absent J~m Reeve [Out of the Country] Peter W Schmtdt [DEA TH OF FA THER] INVOCATION Rabbt Israel Zoberman Congregatton Beth Chavertm PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Star Spangled Banner -Anthony Sweeney is now in Washington, D.C., living with family due to Aunt's illness and was unable to perform Aprtl 22, 2003 Item V-E. - 24 - CERTIFICATION OF CLOSED SESSION ITEM # 51069 Upon motton by Counctl Lady Wtlson, seconded by Counctlman Jones, Ctty Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc bustness matters lawfully exempted from Open Meeting requtrements by Vtrgtnta law were dtscussed tn Closed Sesston to which thts certtficatton resolutton apphes, AND, Only such pubhc bustness matters as were tdenttfied tn the motton convening the Closed Session were heard, &scussed or considered by Vtrgtnta Beach Ctty Counctl l/ottng 9-0 Counctl Members Votmg Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf Ron A Vtllanueva, Rosemary Wtlson and James L Wood Council Members Voting Nay None Counctl Members Absent dtm Reeve and Peter W Schmtdt Aprt122, 2003 OUR RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The V~rg~nla Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM it 51068, page 22, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS Section 2 2-3 711 (A) of the Code of Vlrglma 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 V~rg~ma Beach Cxty Councd hereby certffies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting reqmrements by Vlrg~ma law were discussed in Closed Session to which th~s certfficat~on resolution applies, and, (b) only such pubhc business matters as were identified in the motion convemng this Closed Session were heard, discussed or considered by Vlrg~ma Beach City Council .~h Hodges Smith, MMC City Clerk April 22, 2003 - 25 - Item V-F. 1. MINUTES ITEM # 510 70 Upon motton by Councd Lady Eure, seconded by Vtce Mayor Jones, Ctty Counctl APPROVED the Mmutes of the INFORMAL AND FORMAL SESSIONS of April 8, 2003 Vottng 9-0 Councd Members Votmg Aye Harry E Dtezel Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Ron A Vdlanueva, Rosemary Wdson and James L Wood Councd Members Vottng Nay None Councd Members Absent dtm Reeve and Peter W Schmtdt Aprtl 22, 2003 - 26- Item V-G. ,4DOPT ,4 GEND,4 FOR FORM,4L SESSION ITEM # 51071 BY CONSENSUS, Ctty Counctl ADOPTED: ,4 GEND,4 FOR THE FORM,4L SESSION Aprd 22, 2003 Item V-H. 1. -27- M~4 YOR 's PRESENTATION ITEM # 51072 Mayor Oberndorf PROCLAIMED: May 3, 2003 SPECIAL OLYMPICS DA Y Special Olympics ts an tnternattonal movement of sports tratmng and competttton whtch gtves chtldren and adults who are mentally challenged an opportumty to develop thetrphystcal sktlls, &splay thetr abthttes and, most tmportantly, fulfill thetr human potenttal Virginia Beach Special Olympics provtdes mentally challenged ctttzens wtth the opportumty to parttctpate tn athlettc tratmng and competttton, as well as other soctal events The Area II Annual Track and FteM games, tncludtng Vtrgtma Beach Spectal Olymptcs, wtll be hem on Saturday, May 3, 2003, at Baystde Htgh School Thts wtll be the eleventh year of the Virginia Beach City Council's tradition of honoring Special Olympics. Robert Mtller, Prestdent- Vtrgtnta Beach Spectal Olymptcs, accepted the PROCL,4MA TION and advtsed Anthony Sweeney, Athlete, betng unable to attend due to hts Aunt's tllness, and he ts now restdtng wtth hts famtly tn Washtngton, D C Mr Mtller recogntzed the athletes tn attendance Davtd Sutton, Elatne deffers, Lynn Foster, Barry Bunch and John Wtntfry Mr Miller advtsed on May 10, 2003, the Virginia Beach Games will be held at Plaza Middle School Aprtl 22, 2003 - 28 - Item V-J. ORDINANCES/RESOL UTIONS ITEM # 51073 Upon motton by Vtce Mayor Jones, seconded by Counctlman Maddox, Ctty Counczl APPROVED IN ONE MOTIONItems 1, 3, 4, 5, 6, 7 a/b, 8, 9 and 10 of the CONSENTAGENDA Votmg 9-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Jtm Reeve and Peter W Schmtdt Aprtl 22, 2003 - 29- Item J. 1. ORDINANCES/RESOL UTIONS ITEM # 51074 Upon motion by Vice Mayor Jones, seconded by Councdman Maddox, City Councd ADOPTED: Resolution re procedures for the assessment, receipt and collectton of TRUSTEE TAXES Voting 9-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Ron A Vdlanueva, Rosemary Wdson and James L Wood Councd Members l/ottng Nay None Councd Members Absent Jim Reeve and Peter W Schmtdt Aprt122, 2003 1 2 3 4 5 6 7 RESOLUTION REGARDING PROCEDURES FOR THE ASSESSMENT, RECEIPT AND COLLECTION OF TRUSTEE TAXES WHEREAS, the City Council has received the attached report 8 of Vice Mayor Jones and Councilmember McClanan dated April 8, 9 2003 regarding the assessment, receipt and collection of trustee 10 taxes (i.e., retail meal, lodging and admission taxes collected 11 by businesses directly from patrons); and 12 WHEREAS, the Council accepts and approves the 13 recommendations of the report and desires to implement the 14 recommendations. 15 NOW THEREFORE, BE IT RESOLVED by the Council of the City of 16 Virginia Beach that the City Attorney is dmrected to draft any amendments required by the City Code to provide for a system in 18 which trustee taxes are received and collected by the City 19 Treasurer, with the Commissioner of the Revenue having the 20 responsibilities of discovering, registering and auditing 21 businesses responsible for trustee accounts. 22 BE IT FURTHER RESOLVED that the City Manager is directed to 23 utilize the authority provided by City Charter Sections 8.06 and 24 8.07 to create a working relationship between the Commissioner 25 of the Revenue and City Treasurer that is consistent with the 26 City Code and the findings of this report. The end result must 27 be an efficient, effective system that will ensure the flow of 28 information between these two vital offices and result in the 29 prompt collection of all taxes due to the City. 30 ADOPTED by the Council of the City of Virginia Beach, 3~ Virginia, this 22ndday of April , 2003. 32 33 CA- 8852 34 F: ~Data~ATY[Ordin[NONCODE\Recommendation. Res. Doc April 17, 2003 R-2 LOUIS R JONES COUNCIl MAN - DISTRICT 4 - BAYSIDE City of Virginia PHONE (757) 583-0177 FAX (757) 426-5669 Apnl 8, 2003 The Honorable Mayor Meyera E. Obemdorf Members of C~ty Council City of Virginia Beach Municipal Center Vlrglma Beach, Virginia 23456 Re: Report to the City Council on the Administration of Trustee Taxes Dear Mayor Oberndorf and Members of City Council' Background At its meeting of November 12, 2002, the City Council was asked to consider a proposed ordinance that would have made significant revisions to the procedure by which trustee taxes (retail meal, lodging and admission taxes collected by businesses &rectly from patrons) are admlmstered. In essence, the amendments would have codified the existing practice ~n which the Commissioner receives these tax payments, while adding new language to assign the Treasurer the responsibility of collecting dehnquent accounts. During the Council's &scusslon of this matter in its agenda review session, it became apparent that this ordinance d~d not address unresolved issues regarding the implementation and coordination of the assessment and collection functions. Mayor Oberndorf appointed Vine Mayor Jones and Councdmember McClanan to serve on a committee to meet with the parties, investigate the ~ssues, and make a report and recommendation back to the C~ty Council. In the course of our work, we rewewed the pemnent sections of the C~ty Charter, the City Code and the State Code, as well as a prior opinion on the subject prepared by the City Attorney's Office. To gather the necessary factual background, we also met with the following persons: 1. City Manager James K. Spore; 2. Chief Financial Officer Steven T. Thompson; 3. Finance Director Patricia A. Phillips; 4. Chief Information Officer David Sullivan; 5. Commissioner of the Revenue Philip J. Kellam; 1008 WITCH POIN1- '[RAIL, VIRGINIA BEACH, VA 23455-5645 The Honorable Mayor Meyera E. Obemdorf -2- Re: Report to the City Council on the Administration of Trustee Taxes April 8, 2003 6. City Treasurer John T. Atkinson; 7. City A~orney Leslie L. Lilley; and 8. Associate City Attorney Lawrence S. Spencer. Findines -- In our review of the City Charter, the City Code and the State Code, it seems clear that the powers and duties ofthe Commissioner of the Revenue relate to the assessment of taxes,~ while the Treasurer's duties and powers concern the receipt and collection of taxes.2 The ordinance that the Commissioner of the Revenue has presented formalizes a practice that has evolved over years in which payment of trustee taxes is made directly to the Commissioner of the Revenue. It also proposed moving collection responsibilities to the City Treasurer. In our view, transferring the collection process to the Treasurer is a step in the right direction, but it serves to highlight a more fundamental issue: that the initial receipt of these taxes, under current practice and as proposed by the ordinance, is by an assessing officer rather than the officer charged by state law with receiving and collecting local taxes. Furthermore, the proposed changes would create a dysfunctional collection system in which the Treasurer would not have adequate knowledge of what he is to collect or how much is being collected. With regard to trustee taxes, the relevant sections of the City Code provide that each assessment is a certain percentage of the amount paid for a meal, hotel room or an admission? Businesses make these assessments each month and forward the assessments and tax payments to the Commissioner of the Revenue. Ifthese reports and remittances went directly to the Treasurer, he would be able to rely upon the language of the City Code, along with a report of monthly sales, to determine, at least initially, whether the taxpayer has paid a proper amount. Once the tax is paid, the Commissioner of the Revenue is empowered to audit the return and determine if the correct amount has been reported, and we believe that auditing businesses, as well as identifying businesses that should be collecting these taxes, is the proper role for the Commissioner of the Revenue. ~The duties of cornnuss~oners of the revenue, as set forth at V~rg~ma Code § 58.1-3109, ~nclude assessing "all property and ~ncome subject to assessment by h~s office." 2"The treasurer's primary duties are the recmpt, collection and disbursement of pubhc momes." 1978-79 Report of the Attorney General 289. 3It should be noted that adm~mstenng trustee taxes ~s not a statutonly prescribed duty of a commissioner of the revenue; the adm~mstrat~on of such taxes ~s a duty that a commissioner ofthe revenue may assume upon request or by d~rect~on of the govermng body. 2000 Report of the Attorney 204. For th~s reason, ~t ~s difficult to conclude that the commissioner of the revenue must "assess" these taxes before the treasurer could receive them. The Honorable Mayor Meyera E. Obemdorf -3- Re: Report to the City Council on the Administration of Trustee Taxes April 8, 2003 As stated above, the practice that has evolved over the years has the Commissioner of the Revenue receiving both the monthly reports of reports, as well as the taxes, collected by the businesses; the Commissioner then transmits the tax payments to the Treasurer at a later date? The proposed ordinance changes do not solve the problem of collecting delinquent trustee taxes in an efficient manner. In fact, the proposed ordinance would codify the current procedure which is not, in the writers' opinion, acceptable. Powers and Duties of the City Treasurer and the Commissioner of the Revenue The City Charter, in Chapter 8, "Financial Administration," provides for the duties ofthe City Treasurer and the Commissioner of the Revenue? Section § 8.03 addresses the duties of the City Treasurer and reads as follows: [t]he city treasurer shall be the custodian of all public monies of the city and shall have such powers and duties as are provided by general law. He shall perform such other duties as may be assigned by the director of finance or the council not inconsistent with the laws of the commonwealth. Section 8.04 addresses the duties of the Commissioner of the Revenue and states that It]he commissioner of revenue shall perform such duties not inconsistent with the laws of the commonwealth in relation to the assessment of property and licenses as may be assigned by the director of finance or the council. The clear intent of the Charter, in our opinion, was and ~s to create a system in which the Commissioner of the Revenue assesses taxes and the Treasurer collects taxes. There is no reason that we have been able to discern as to why the City Code should be changed to endorse the current system, in which the Commissioner actually receives tax payments. In the event that the current practice is changed, so that all taxes are received and collected by Treasurer, as provided by the City Code, the Treasurer can file a daily report with the Commissioner of the Revenue of the taxes collected. The Commissioner of the Revenue may then audit any or all of those taxes paid to determine whether the businesses have been properly reported and self-assessed the taxes in question. 4The C~ty Code, at §§ 35-140 and 35-162, actually provides that businesses selhng prepared meals or lodging submit monthly reports (self-assessments) of the taxes due, as well as taxes collected fi-om patrons, to the C~ty Treasurer. However, City Code § 35-187 provides that these reports and remittances be made to the Commissioner of the Revenue. ~To mmntmn a quahty workforce, the C~ty Council, currently and h~stoncally, provides supplements to state compensation board salary levels for employees of both the Commissioner of the Revenue and the C~ty Treasurer. These supplements total seventy-seven percent of total salaries and fnnge benefit costs budgeted for FY 2002-03. The Honorable Mayor Meyera E. Obemdorf -4- April 8, 2003 Re: Report to the City Council on the Administration of Trustee Taxes The reason to return the City Treasurer to the role of receiving tax payments and collecting delinquent accounts is simple: by law, treasurers have extraordinary power to collect taxes.6 These powers can be exercised much faster and efficiently then the process the Commigsioner of the Revenue must follow in order to collect delinquent taxes.7 In fact, it is our understanding, that because of the limited collection powers possessed by commissioners ofthe revenue, situatmns can be created in which trustee taxes are not collected in a timely manner and significant amounts of tax revenue lost. Conclusion We respect the efforts of the current Commissioner of the Revenue to vigorously pursue collection efforts, but it is apparent to us that the City Treasurer, given his statutory powers, can accomplish more with less effort. Furthermore, we believe that, with a system of the City Treasurer receiving tax payments and the Commissioner auditing the payments, the proper system of checks and balances will be established.8 Therefore, it is our opinion that the current City Code is sufficient to provide for proper collection of trustee taxes; it is the process of administering the receipt and collection of trustee taxes that needs to conform to the current Code provisions. Recommended Action Based on our findings, we recommend that the City Council take the following actions: 1. Direct the City Attorney to draft any amendments required to the City Code to provide for a system in which trustee taxes are received and collected by the City Treasurer, with the Commissioner of the Revenue having the responsibilities of discovering, registering and auditing businesses responsible for trustee accounts. 6Only Treasurers may d~strain and sell the property of debtor to collect taxes (or even seize money m cash registers), use third party tax hens to attach the debtor's bank accounts, or use the state's set-offdebt program. V~rg~nia Codes §§ 58.1-520, -3919 and -3952. 7Commissioners have the power to ~nst~tute criminal charges agmnst bus~ness that fall to report or remit trustee taxes (V~rg~ma Code §58 1-3907), and they may ~nmate c~vfl proceedings to collect dehnquent taxes (as any another creditor can). Both of these processes can result ~n considerable delay. aThe Supreme Court of V~rgmia addressed the ~ssue of separating the duties of commissioner of the revenue and treasurers m Warren v. Commonwealth, 136 Va. 572 (1923) "The two offices of the commissioners of the revenue and of the treasurer, and the funcnons ofassess~ng and collecting hcense taxes to be performed by the respective officers, are reqmred by the statute to be kept separate. The reports of the commissioners of the revenue furmsh the sole independent evidence by which the treasurer ~s charged and held accountable for the hcense taxes collected Hence, obwously, the statute allows no consohdation of these two offices .... " The Honorable Mayor Meyera E. Obemdorf -5- Re: Report to the City Council on the Administration of Trustee Taxes April 8, 2003 2. Direct the City Manager to utilize the authority provided by City Charter § 8.06 and 8.07 to create a working relationship between the Commissioner of the Revenue and City Treasurer that is consistent with the City Code and the findings of this report. The end result must be'an efficient, effective syslem that will ensure the flow ofinformalion between these two vital offices and result in the prompt collection of all taxes due to the City. We look forward to discussing these matters with you in person and answering any quesuons you may have. Very truly yours, Louis R. Jones Vice Mayor Reba S. McClanan Councilmember LRJ/RSM/LLL - 30- Item d. 2. ORDINANCES/RESOL UTIONS ITEM # 510 75 Martam Sahb, 4528 Btscayne Drtve, Phone 963-7659, regtstered tn OPPOSITION Lteutenant Anthony Zucaro, Special Operattons- Pohce Department, responded to concerns Numerous quahty controls wtll be estabhshed and no event wdl be constdered a vtolatton unttl those standards are estabhshed and met There wdl be frequent on gomg lntegrtty checks of the system Upon motton by Councdman Wood, seconded by Councdman Maddox, Ctty Councd ADOPTED: Ordtnance to AMEND 3g 21-300 of the Motor Vehtcle and Traffic Code to AUTHORIZE the use of photo monttortng systems re Red Light Photo Enforcement Vottng 9-0 Councd Members Vottng Aye Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Ron A Vdlanueva, Rosemary Wdson and James L Wood Councd Members Vottng Nay None Councd Members Absent dtm Reeve and Peter W Schmtdt Aprd 22, 2003 AN ORDINANCE TO AMEND THE MOTOR VEHICLE AND TRAFFIC CODE BY AUTHORIZING THE USE OF PHOTO- MONITORING SYSTEMS TO ENFORCE TRAFFIC LIGHT SIGNALS 10 11 12 13 14 15 16 17 18 19 20 21 22 23 SECTION ADDED: § 21-300 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That, pursuant to the provisions of Virginia Code ~ 46.2- 833.01, a demonstration program using photo-monitoring to impose monetary liability on operators of motor vehicles falling to comply with traffic light signals is hereby authorized. BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 21-300 of the City Code is hereby added to read as follows: Sec. 21-300. Use of photo-monitoring systems to enforce traffic light signals; penalty. Section 46.2-833.01 of the Code of Virqinia (1950), as amended, which pertains to the use of photo-monitoring systems to enforce traffic light signals, is hereby adopted and incorporated mutatis mutandis into this section by reference, as authorized by section 46.2-1313 of the Code of Virginia. Pursuant to the 24 provisions of section 1-13.92:2 of the Code of Virqinia, the 25 incorporation of the above-referenced section of the Code of 26 Virginia shall include all future amendments to that section. This 27 section shall be effective until July 1, 2005. Adopted by the Council of the City of Virginia Beach, Virginia, on this 22nd day of April, 2003 CA8784 Ordin / ?ropo s ed/21- 300 ord. wpd R-4 April 15, 2003 - 31 - Item J. 3. ORDINANCES/RES OL UTIONS ITEM # 510 76 Upon motton by Vtce Mayor Jones, seconded by Counctlman Maddox, Ctty Counctl ADOPTED: Ordmance to AMEND 3g 113 of the Chesapeake Bay Preservation Area Ordtnance re written notice and posting of signs for Vartances Vottng 9-0 (By ConsenO Council Members Vottng Aye Harry E Dtezel Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf, Ron A Vlllanueva, Rosemary Wilson and James L Wood Council Members Votlng Nay None Counctl Members Absent Jtm Reeve and Peter W Schmldt April 22, 2003 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 AN ORDINANCE TO AMEND SECTION 113 OF THE CHESAPEAKE BAY PRESERVATION AREA ORDINANCE PERTAINING TO WRITTEN NOTICE AND POSTING OF SIGNS FOR VARIANCES SECTION AMENDED· ~ 113 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That Section 113 of the Chesapeake Bay Preservation Area Ordinance is hereby amended and reordained to read as follows' Sec. 113. Variances. · · · (D.1) The board shall notify, by first class mail, all property owners adjacent to the subject property and each waterfront property owner across the waterway from the subject property, if the water body is less than five hundred (500) feet wide, of the public hearing at least ~ fifteen (15) days prior to the hearing. (E) In addition to the foregoing requirements, the applicant shall cause to be posted on the property which is the subject of the hearing a sign, of a size and type approved by the board. One (1) such sign shall be posted within ten (10) feet of every public street adjoining the property and within ten (10) feet of any body of water or waterway less than five hundred (500) feet wide adjoining the property. Such sign shall be posted not less than fifteen {I$) thirty (30) days from the public hearing and shall state the nature of the application and date and time of the hearing. Such signs shall be removed no later than five (5) days 28 29 30 31 32 33 34 35 36 after the public hearing. In the event such sign is removed, obscured, otherwise rendered illegible or if the board determines that the requirements of this section have not been met prior to the hearing, the board may deny or defer the application. Any application deferred by the board by reason of noncompliance with the posting requirements of this section shall not thereafter be heard unless and until an additional fee in the amount of one hundred dollars ($100.00) is paid. 37 38 39 40 41 42 43 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That this Ordinance shall not apply to any application, otherwise subject to the provisions hereof, filed prior to the date of adoptions of this ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 22nd day of April, 2003. CA-8813 DATA/ORDIN/PROPOSED/chesbayll3ord.wpd R1 - March 21, 2003 - 32 - Item d. 4. ORDINANCES/RESOL UTIONS ITEM # 51077 Upon motton by Vtce Mayor Jones, seconded by Counctlman Maddox, Ctty Counctl ADOPTED: Ordinance to AMEND the City's Open Air Cafd regulations regardmg permttted tmprovements and operattons Vottng 9-0 (By Consen0 Counctl Members Vottng Aye Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent dtm Reeve and Peter W Schmtdt Aprtl 22, 2003 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AN ORDINANCE TO AMEND THE CITY'S OPEN AIR CAFe. REGULATIONS REGARDING PERMITTED IMPROVEMENTS AND OPERATIONS WHEREAS, by resolution adopted November 15, 1985, City Council authorized the City Manager to promulgate Open Air Caf~ Regulations, which were drafted, reviewed, and endorsed by the Resort Advisory Commission ("RAC"); WHEREAS, the Regulations have been amended, from time to time, upon recommendation of the RAC, to address concerns and issues that have arisen during the development of the open air program; and WHEREAS, City staff have recommended clarification in the level of physical improvements permitted at open air cafes, as well as minor changes regarding the operation of these cafes, and these proposals have been presented to and endorsed by the RAC. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Manager is hereby authorized to amend the Open Air Caf~ Regulations to clarify that improvements on City property allowed by the franchise agreement are limited as follows: Improvements on the public property are limited to a caf~ (maximum 800 sq. ft.), one planting bed of not less than five (5) feet nor more than ten (10) feet, and one five (5) foot walkway. 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 2. That the City Manger zs hereby authormzed to amend the Open Air Caf~ Regulations regarding the operation of open air cafes as follows: a. To allow waiter service windows in eligible connector parks only; b. To extend the hours of entertainment allowed in cafes to 11:00 p.m.; c. To provide that the following activities are not allowed in cafes- (i) caf~ employees shall not prepare or pour alcoholic beverages for delivery or sale to patrons within any Category A, B, C, or D cafe; provided, however, that patrons may consume alcoholic beverages in these cafes in compliance with state regulations; and (ii) solicitation of any type, as described in Section 26-3 of the City Code, from any caf~ will result in immediate termination of franchise agreement. 3. That these amendments to the Open Azr Caf~ Regulations shall become effective May 1, 2003. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 22 day of April , 2003. CA-8818 ORDIN\NONCODE\openairregsordrev.wpd R-6 - April 15, 2003 APPROVED AS TO CONTENT' APPROVED AS TO LEGAL SUFFICIENCY' Convention & Visitor Development Law Department - 33 - Item d. 5. ORD INANCES/RES OL UTIONS ITEM # 51078 Upon motion by Vtce Mayor Jones, seconded by Councilman Maddox, Ctty Counctl ADOPTED: Ordtnance to AUTHORIZE temporary encroachment tnto a portton of the rtght-of-way on Crab Creek by JOHN A. MERENDA to construct and matntatn a boat hft and catwalk at 3561 Ptedmont Ctrcle The followtng conchttons shall be requtred The temporary encroachment shall be constructed and matntatned tn accordance wtth the laws of the Commonwealth of Vtrgtnta and the Ctty of Vtrgmta Beach and tn accordance wtth the Ctty's spectficattons and approval as to stze, ahgnment and locatton The temporary encroachment shall termtnate upon nottce by the Ctty to the apphcant and, wtthm thtrty (30) days after such nottce ts gtven, the temporary encroachment must be removed from the encroachment area by the apphcant and the apphcant wtll bear all costs and expenses of such removal The apphcant shall tndemntfy and hold harmless the Ctty, tts agents and employees from and agatnst all clatms, damages, losses' and expenses, tncludtng reasonable attorney's fees tn case tt shall be necessary to file or defend an actton artsmg out of the locatton or extstence of the temporary encroachment Nothtng heretn contatned shall be construed to enlarge the permtsston and authortty to permit the maintenance or constructton of any encroachment other than that spectfied heretn and to the hmtted extent spectfied heretn, nor to permtt the maintenance and constructton of any encroachment by anyone other than the apphcant 5 The apphcant agrees to matntatn the temporary encroachment so as not to become unstghtly or a hazard The apphcant must obtam a permtt from the Office of Development Servtces Center/Planntng Department prtor to commencmg any constructton wtthtn the encroachment area 7 The apphcant agrees that no commerctal use of the commumty boat dock shall be permttted The apphcant agrees that the commumty boat dock shall be used exclustvely by the owners, occupants and tnvtted guests of lots as shown on the submttted stte plan Aprtl 22, 2003 - 34- Item J. 5. ORDINANCES/RES OL UTIONS ITEM # 51078 (Continued) 9 The applicant agrees no buildings, boat houses, boat launches or additional parking shall be permitted I0 The applicant agrees that no vessels larger than thirty three (33) feet tn length shall be permitted 11 The applicant agrees the community boat dock is subject to all apphcable federal, state and local rules and regulations 12 Prior to issuance of a Right-of- Way Permit, the applicant must post a Performance Bond The amount of the bond shall be determined by the Department of Planning, Development Services Center, (DSC) at the time of site development plan review 13 The applicant shall obtain and keep in force all rlskproperty insurance and general hablhty or such insurance as ts deemed necessary by the City, and all tnsurance pohctes 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 pohcy or policies The applicant must provide endorsements providing at least thirty (30) days'written notice to the Clty prtor to the cancellation or termination of, or material change to, any of the insurance pohctes The apphcant assumes all responstblhttes and habthttes, vested or contingent, with relation to the temporary encroachment 14 The apphcant agrees that Wtlham A Cox, III, owner of Unit 8, having an un&vtded interest in the common areas and hmlted common area, consents to the application but assumes no responstbthty or obligation under this agreement 15 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 mannerprovtded 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 apphcant for the use of such portton 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 apphcant, 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 ($100 00) per day for each and every day that such temporary encroachment ts allowed to continue thereafter, and, shall collect such compensation and penalttes tn any mannerprovtded by law for the collection of of local or state taxes April 22, 2003 - 35- Item J.$. ORDINANCES/RESOL UTIONS ITEM # 510 78 (Continued) Vottng 9-0 (By ConsenO Councd Members Vottng Aye Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Ron A Vdlanueva, Rosemary Wdson and James L Wood Councd Members Vottng Nay None Councd Members Absent Jtm Reeve and Peter W Schmtdt ~4prt122, 2003 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF THE RIGHT-OF-WAY ON CRAB CREEK BY JOHN A. MERENDA, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, John A. Merenda, desire to construct and maintain a boat lift and catwalk into the C~ty's r~_ght-of-way located at 3561 P~edmont Circle. WHEREAS, City Council is authorized pursuant to ~ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authormze a temporary encroachments upon the Czty's rmght-of-way subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contamned ~n ~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended John A. Merenda, assigns and successors in title are authorized to construct and maintain a temporary encroachment for a boat lift and catwalk ~n the City's r~ght-of-way as shown on the map entitled' "PROPOSED BOAT LIFT Crab Creek Lynnhaven R~ver Va. Beach, VA. Date: Oct. 31, 2002", a copy of whmch is on file in the Department of Public Works and to which reference is made for a more particular descriptmon; and 25 26 27 28 29 30 31 32 33 34 35 36 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and John A. Merenda, (the "Agreement") which ~s attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED that the City Manager or h~s authorized designee is hereby authorized to execute the Agreement. BE IT FURTHER ORDAINED, that thms Ordmnance shall not be in effect until such t~me as John A. Merenda and the City Manager or h~s authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, V~rgin~a, on the 22nd day of April , 2003. 37 38 39 40 41 42 43 44 45 46 47 CA-# gsalmons/merenda/ord. R-1 PREPARED: 01.13.03 ROVED AS TO CONTENTS S I GNATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND ~ CITY AT~RNE Y PREPARED BY VIRGINIA BEACH CITY ATTORNEY°S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58 1-81 l(a)(3) AND 58 1-811 (c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this ~.) day of/~r't / ,2003, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and CRAB CREEK UNIT OWNERS ASSOCIATION, INCORPORATED, a Virginia Corporation, John A. MERENDA, and William A. COX, II.I., ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one WI TN E S S E TH: That, WHEREAS, the Grantee, John A. Merenda, is the owner of that certain lot, tract, or parcel of land designated and described as "3 STORY DUPLEX DWELLING UNIT 7" as shown on "EXHIBIT B CONDOMINIUM PLAT PHASE 4 CRAB CREEK CONDOMINIUM VIRGINIA BEACH, VIRGINIA", as recorded in M B 304, at page 50 and being further designated and described as 3561 Piedmont Circle, Virginia Beach, Virginia 23455; with an undivided Interest in certain common areas and limited common areas as shown on said plat. GPIN 1489-58-6459-3561 WHEREAS, it is proposed by the Grantee John A. Meranda to construct and maintain a boat lift and catwalk, "Temporary Encroachment", in the City of V~rglnia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee John A Meranda encroach ~nto a portion of an existing City property known as Lynnhaven Promenade "The Temporary Encroachment Area"; and WHEREAS, the Grantees have 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 the Grantee John A. Merenda 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' "Proposed Boat Lift Crab Creek Lynnhaven River Va. Beach, Va. Date: Oct. 31, 2002", a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantees, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee(s); and that the Grantee(s) wall bear all costs and expenses of such removal. It is further expressly understood and agreed that the John A. Merenda shall indemnify and hold harmless the C~ty, ~ts 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. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the mmntenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantees agree to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee John A. Merenda must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that no commercial use of the community boat dock shall be permitted. It is further expressly understood and agreed that the community boat dock shall be used exclusively by the owners, occupants, and invited guests of lots 7, 8, 9, and 10 as shown on the submitted site plan. It is further expressly understood and agreed no buildings, boat houses, boat launches or additional parking shall be permitted. It is further expressly understood and agreed that no vessels larger than 33 feet in length shall be permitted. It is further expressly understood and agreed that the community boat dock is subject to all applicable federal, state, and local rules and regulations. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee John A. Merenda must post bond or other security with a surety acceptable to the City, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department. It is further expressly understood and agreed that the Grantee John A. Merenda must obtain and keep in force aH-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 ~nsured or loss payee, as apphcable. The Grantee John A. Meranda also agrees to carry comprehensive general liability ~nsurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee John A. Merenda will prowde endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee John A. Merenda assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that William A. Cox, III as owner of Unit 8 having an undivided ~nterest in the common areas and limited common area consents to the application but assumes no responsibility or obligation under this agreement. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantees, and collect the cost ~n any manner provided by law for the collection of local or state taxes; may require the Grantees to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantees for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if ~t were owned by the Grantees, and ~f such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Crab Creek Unit Owners Association, Inc., John A. Merenda, and William A. Cox, III the said Grantees have caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST City Clerk CRAB CREEK UNIT OWNERS ASSOCIATION, INC. &~nie Chellew, President Wilham A. Cox, III STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-w~t' The foregoing instrument was acknowledged before me this day of , 20 , by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires' STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-w~t' The foregoing instrument was acknowledged before me th~s day of ,20 ., by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires. STATE OF ,to-wit The foregoing instrument was acknowledged before me th~s ~5~ day of (~, Ax.2_. , 2003, by Jamie Chellew, President, on behalf of Crab Creek Umt Owners Associat~on,~, My Commission Expires' , Notary Public CITY/CO~Y OF~.,~. b(t0JL~ , to-wit The foregoing instrument was acknowledged before me this ~ day of ('~ IDA-~ 2003, by John A. Merenda. My Commission Expires' STATE OF ~1' ~_.~ ~)~O1 CITY/Ci;~gI~I-T--Y OF /ri lbl 'c~, to-wit: The foregoing instrument was acknowledged before me this /--~ day of 2003, by William A. Cox, III. Notary Public ff-' My Commission Expires: I was originally commissioned as Pamela T. Stillman, Notary Public APPROVED AS TO LEGAL SUFFICI~]~Y CITY ATT(~RN~TY APPROVED AS CONTENT TO LOCATION LOCATION MAP SHOWING ENCROACHMENT REQUESTED BY JOHN A. MERENDA INTO CITY RIGHT-OF-WAY ATLYNNHAVEN PROMENADE ON CRAB CREEK SCALE: 1" -- 200' PREPARED BY P/W ENG. DRAFT. 20--DEC-2002 /-/ ' WiDE x 41 5' LONG -"'PIER SHADOW OF WE-FLANDS , ,)l 5O ) IRCL MARSH/WATER / / LOW TIDE MAR<ER (TYP) / / / 2 WiDE x ~ BO1-FOM ,. ('wp) FINGER 15' LO MOORING PI / / ,/ '- -'----~ i i ~..,,~,~_.-~T_T"'"-' ..... I A.P.O- ' '-P ' '-- llniO~ ~Iadden I ............... 2090 Tazewel[ Rd ' Beach Va Va Beach, Va. I . · Va. , · ' { ...... Exhibit "A" JOHN A. MERENDA - CRAB CREEK East side of Merenda property. The catwalk will be on the right side adjacent to Slip #1's catwalk. Property to the southeast showing encroachments of the same nature. -36- Item d. 6. ORDINANCES/RESOL UTIONS ITEM # 51079 Upon motion by Vice Mayor Jones, seconded by Counctlman Maddox, Ctty Counctl ADOPTED: Ordtnance to AUTHORIZE temporary encroachment tnto a portton of the right-of-way of S Woodhouse Road by ALANTON CIVIC LEA GUE, INC to construct and matntatn electrical and water conduit, lighting and a sprinkler system at the tntersectton of South Woodhouse and Mill Dam Roads The followtng condtttons shall be requtred The temporary encroachment shall be constructed and matntatned tn accordance wtth the laws of the Commonwealth of Vtrgmta and the Ctty of Vtrgtnta Beach and tn accordance with the Ctty's spectficattons and approval as to stze, ahgnment and locatton The temporary encroachment shall termtnate upon nottce by the Ctty to the apphcant and, wtthtn thtrty (30) days after such notice ts given, the temporary encroachment must be removed from the encroachment area by the apphcant and the apphcant wtll bear all costs and expenses of such removal The apphcant shall tndemmfy and hold harmless the Ctty, tts agents and employees from and against all clatms, damages, losses and expenses, mcludmg reasonable attorney's fees tn case tt shall be necessary to file or defend an actton artsmg out of the locatton or extstence of the temporary encroachment Nothtng heretn contatned shall be construed to enlarge the permtsston and authortty to permit the maintenance or constructton of any encroachment other than that spectfied heretn and to the hmtted extent specified herein, nor to permit the matntenance and constructton of any encroachment by anyone other than the apphcant 5 The apphcant agrees to matntatn the temporary encroachment so as not to become unstghtly or a hazard 6 The apphcant agrees to submtt and have approved a traffic control plan before commenctng work tn the encroachment area The apphcant agrees that no open cut of the pubhc roadway wtll be allowed except under extreme ctrcumstances Request for excepttons must be submttted to the Htghway Operattons Dtvtston, Department of Pubhc Works, for final approval The apphcant must obtatn a permtt from the Office of Development Servtces Center/Planntng Department prtor to commenctng any constructton wtthtn the encroachment area Aprtl 22, 2003 Item d. 6. -37- ORDINANCES/RESOLUTIONS ITEM # 51079 (Continued) 10 11 12 Prtor to issuance of a Right-of-Way Permit, the apphcant must post a Performance Bond The amount of the bond shall be determtned by the Department of Planntng, Development Servtces Center (DSC) at the ttme of stte development plan revtew The apphcant shall obtatn and keep tn force all rtskproperty tnsurance and general habthty or such msurance as ts deemed necessary by the City, and all insurance pohctes must name the Ctty as addtttonal named tnsured or loss payee, as apphcable The apphcant must also carry comprehenstve general habthty tnsurance tn an amount not less than Ftve Hundred Thousand Dollars ($500,000), combtned single hmtts of such insurance pohcy or pohctes The apphcant must provtde endorsements provtdtng at least thtrty (30) days' wrttten nottce to the Ctty prtor to the cancellatton or termtnatton of or matertal change to, any of the tnsurance pohctes The apphcant assumes all responstbthttes and habthttes, vested or conttngent, wtth relatton to the temporary encroachment The apphcant shall submtt for revtew and approval a survey of the area being encroached upon, certtfied by a regtstered professtonal engmeer or a hcensed land surveyor and/or "as butlt"plans of the temporary encroachment, sealed by a regtstered professtonal engtneer, tf requtred by the Ctty Engtneer's Office The Ctty, upon revocatton of such authortty and permtsston so granted, may remove the temporary encroachment and charge the cost thereof to the apphcant and collect the cost tn any manner provtded by law for the collection of local or state taxes, may requtre the apphcant to remove such temporary encroachment, and, pendtng such removal, the Ctty may charge the apphcant for the use of such portton of the Ctty's rtght-of-way encroached upon the eqmvalent of what would be the real property tax upon the land so occupted tf tt were owned by the apphcant, and if such removal shall not be made wtthm the ttme spectfied by the Ctty, the Ctty shall tmpose apenalty tn the sum of One Hundred Dollars ($100 00) per day for each and every day that such temporary encroachment ts allowed to conttnue thereafter, and, shall collect such compensatton and penalttes tn any manner provtded by law for the collectton of local or state taxes Aprtl 22, 2003 - 38- Item J. 6. ORDINANCES/RESOL UTIONS ITEM # 510 79 (Continued) Voting 9-0 (By Consent) Counctl Members Vottng Aye Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Jtm Reeve and Peter W Schmtdt Aprtl 22, 2003 I Requested by Department of Pubhc Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF THE RIGHT-OF-WAY OF S WOODHOUSE ROAD BY ALANTON CIVIC LEAGUE, INC , ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, ALANTON CIVIC LEAGUE, INC, desires to construct and maintain 9 electrical and water conduit, hghtlng and a sprinkler system into the Clty's right-of-way of S 10 Woodhouse Road near ltS Intersection w~th Mill Dam Road 11 WHEREAS, City Council is authorized pursuant to §§ 15 2-2009 and 15 2-2107, 12 Code of Virginia, 1950, as amended, to authorize a temporary encroachments upon the Clty's 13 right-of-way subject to such terms and conditions as Council may prescribe 14 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA 16 That pursuant to the authority and to the extent thereof contained in §§ 15 2-2009 17 and 15 2-2107, Code ofVlrgima, 1950, as amended ALANTON CIVIC LEAGUE, INC its heirs, 18 assigns and successors in title is authorized to construct and maintain a temporary encroachment 19 for electrical and water conduit, lighting and a sprinkler system in the City's right-of-way as shown 2 0 on the drawing entitled "ENCLOSURE," a copy ofwhmh is on file in the Department of Pubhc 21 Works and to which reference is made for a more particular description, and 2 2 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 23 subject to those terms, con&nons and criteria contained in the Agreement between the City of 24 Virginia Beach and ALANTON CIVIC LEAGUE, INC, (the "Agreement") which is attached 25 hereto and incorporated by reference, and 26 BE IT FURTHER ORDAINED that the Clty Manager or his authorized designee 1S hereby authorized to execute the Agreement 28 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 2 9 time as ALANTON CIVIC LEAGUE, INC and the City Manager or his authorized designee 30 execute the Agreement 31 Adopted by the Council of the City of Vlrglma Beach, Virginia, on the 2 2ndday 32 of April ,2003 33 CA- 34 PREPARED 04/04/03 APS/DqOVED AS TO ~ONTENTS DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AN/]~RM PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMYI~D FROM RECORDATION TAXES UNDER SECTIONS 58 1-81 l(a)O) AND 58 1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 TInS AGREEMENT, made this ~ day of_~~/~_, 2003, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and ALANTON CIVIC LEAGUE, INC, a Virginia corporation, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee" WITNESSETH That, WHEREAS, the Grantee is the owner of those certain lots, tracts, or parcels of land designated and described as GPIN's 2408-48-6593 and 2408-48-7497, and That, WHEREAS, it is proposed by the Grantee to construct and maintain a electrical and water conduit, lighting and a sprinkler system, "Temporary Encroachment", in the City of Virginia Beach, and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right of way known as S Woodhouse Road, "The Temporary Encroachment Area"; and 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 the GPIN's 2408-48-6593 and 2408-48-7497 Grantee permission to use The Encroachment Area for the purpose of constructing and maintaimng 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 "ENCLOSURE," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed fi.om The Encroachment Area by the Grantee, and that the Grantee will bear all costs and expenses of such removal It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, fi.om 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 It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in The Encroachment Area It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area It is further expressly understood and agreed that prior to issuance of a fight of way permit, the Grantee must post sureties, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the C~ty, and all insurance policies must name the City as additional named insured or loss payee, as applicable The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000 00, combined single limits of such insurance policy or policies The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes, may require the Grantee to remove the Temporary Encroachment, and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee, and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100 00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes IN WITNESS WHEREOF, the said ALANTON CIVIC LEAGUE, INC has caused this Agreement to be executed in its corporate name and on its behalf by its president Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST Ruth Hodges Smith, CMC City Clerk ALANTON CIVIC LEAGUE, INC, a Virginia corporation DORIS M KRANTZ, P,~rfident STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit The foregoing instrument was acknowledged before me this~ day of 2003, by ,, City Manager/Authorized Designee of the City Manager of the City of Virginia Beach, Virginia, on its behalf He/She is either personally known to me or has produced a as identification Notary Public My commission expires STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit The foregoing instrument was acknowledged before me this ~ day of 2003, by Ruth Hodges Smith, CMC, City Clerk ofthe C~ty of Virginia Beach, Virginia, on ~ts behalf She is either personally known to me or has produced a as identification Notary Public My commission expires STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit' The foregoing instrument was acknowledged before me this ~ -~'day of .... , 2003, by DORIS M KRANTZ as President of ALANTON CIVIC LEAGUE, INC, on its behalf She ;~ ^:.L ........... ,, .............. ........ v,~'o,~',-',J ki.,,,,,, ,,~ .... ar-has produced a s identification Notary Public My commission expires APPROVED AS TO LEGAL SUFFICIENCY CITY ATT~ APPROVED AS TO CONTENT (~ITY REAL ESTATE AGENT - EXHIBIT "A" CORPORATE RESOLUTION OF ALANTON CIVIC LEAGUE February 17, 2003 To whom it may concem: Doris Krantz is hereby authorized to represent the Alanton Civic League m dealing with the City of Virginia Beach conceming placing water and electrical lines underground at the entrance to the Alanton sub-division. ALANTON CIVIC LEAGUE Proposed Improvements ALANTON Entryway Enclosed is a diagram of the proposed improvements to the gardens and roadside at the Entryway to the Alanton Subdivision. The Alanton Garden Club maintains gardens on Civic League property, and city right of way at the entry to the subdivision This site, at the intersection of South Woodhouse Rd and Mill Dam Rd, has an existing irrigation system and an approved electrical lighting system The pump and electrical breaker box are located on the south side of South Woodhouse Rd The garden on the north side of South Woodhouse has very limited 12 Volt electrical system and insufficient underground irrigation outlets The existing one inch PVC conduit will not support needed irrigation for plantings extending down South Woodhouse for a distance of approximately 200 ft Additionally there are electrical outlets needed for enhanced lighting and garden maintenance of this north side It is proposed to lay approximately 90 feet of 2 1/2" conduit from the south side to the north side of South Woodhouse Road ( See enclosed diagram ) A licensed contractor will be employed to perform this task. Two 1" conduits will be placed within this 2 1/2" conduit One will carry water for the proposed extension of the irrigation system, and the other will contain an electrical line extending the 110/115 volt system to the north side A licensed electrical contractor will be employed for all electrical work It is proposed to use this new irrigation capability to extend the irrigation line east down the city right of way to irrigate existing plantings. This extension will mirror an exiting irrigation line on the opposite side of the street ARTICLES OF INCORPORATION OF ALANT~N CiViC LEAGUE, INC, We hereby associate to form a non-stock corporation under the pro- visions of Chapter 2 of Tltle 13.1 of the Code of Virginia, and to that ~,nd ~et f¢}rlh the f~li¢~lnq: I. Tile name of the corporation Is ALANTON CIVIC LEAGUE, INC. 2. The purpose or purposes for which this non-profit organization Is orqanlzed are to promote the general welfare of and good-will between .,4the residents of the Alanton area in the Clty of Virginia Beach, Virginia. 3. Membership - Ali residents or property ~,~ners of the Alanton area over the age of twenty-one years shall be eligible for membership. 4. Hembershlp dues shall be $5.00 per annum per family payable in advance. 5. Tl~e persons co~nprlsln¢! the initial Board of ten Directors for the term set forth are as follows: One Year Virginia Nevins Dr. 0arry itlllman - ~nl Kap I an C. F. Fo.qleman Wm. S~ert feqer Herbert Britain - Jean Cordle - Two Years Kal th Holsen Three Years E H. Overbay - Rcba Kcrn - 1820 S. Woodhouse Rd., Virginia Beach, 1348 Stephens Rd., Virginia Beach, Va. 1376 Stephens Rd., Virginia Beach, Va. 1826 S. Woodhouse Rd., Virginia Beach, 1417 Franklin Dr., Virginia Beach, Va. 1824 S. Woodhouse Rd., Va. Beach, Va. IhO~ Whittier Rd., Va. Beach, Va. 136q Whittler Rd., Va. Beach, Virginia 1372 Stephens Rd., Va. Beach, Va. 1828 Cooper Rd., Va. Beach, Va. I Encl, memher shall be entitled to one vote in the election of directors andi the directors shall elect the officers for the ensuing year. G. The post office address of the initlal registered office is 3721Virqlnla Beech ~oulewrd, in the City of Virginia Beach. Virginia. The nane of the recjlstered agent is Owen B. Pickett, who Is a resident of Virqinia, and a member of the Virginia State Bar, and whose business office is the same es the reqistered office of the corporation. IN WITNESS ~HEREOF, we have hereunto set our hands and seals thls COMMONWEALTII OF VIRGINIA STATE CORPORATION COMMISSION AT RICHMOND, M~rch ~ 1967 The ,~cc,m~pan)'ing articles havinl been delivered lo the State CorlMration Comm;ulon on behalf of A/ant, on Clvte .l.,eague, Inc. and the C',,mmi,si,m I,,,~ i,g Immd that the arti¢le~ c,mply with the requlre~nto of law and that all rmui~d f~ I,~ve I~en pa;d, it ts ~)RIJF'.REI~ ,h,t thi~ CERTIFICATE OF ~NCORPORATZON he its.ed, and that this .rder, t~ether with the art~cla, be admitted to r~rd in the ~ d the ~mini~; and n,d restrlcl~..s tmp,~d by law. Ulmn Ihe c.mplrtion of such r~nrd~t~, th~ order and t~ arl~c)~ ~haJ) ~ fo~ard~ f~ ~rdat~ ~n the ,,~ce of the clerk ef the CI~cuL~ ~ourt of t~e C2t~ of VLrg~n2a Be~ch. %'I R('~INIA: rn the Clerk's O/~ce of the STA'rI~ CORPORATION COMMISSION C~m~s Circuit Court of the City of Vlrglnia Beach. The foregc~;flg ,etti~cate (includ;ng the a~onupanyiflK artlclet) hu ~n duly r~rd~ in my ~ th;s ~ 15 15th day of February, 1967. (SUL) (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, Jean Cordia, a Notary Public in and for the City and State aforesaid, do certify that N. Capl~ln, H. K. Holsen and E. H. Overbay, whose names are signed to the foregolnq Artlcles oF Incorporation, bearing date on the 15th day of February, 1967, have acknowledged the same before me In my City end State aforesald. term of office exNres on the 16th day of February, 1970. Given under my hand thls ISth day of February, 1967. Il .... .otlry Pu'blic .....- " Certify the qvo[fowing from the qCcorars of the Commission: The foregoing is a true copy of all documents constituting the charter of ALANTON CIVIC LEAGUE, INC. on file ~n the Clerk's Office of the Commission. Nothing more is hereby certified CIS0448 Signed anc[SeafeaC a t q~'chmonar on this CDa te: qve~ruary 25, 2003 ~the (~bmmtsszo~, I DATE (MM/DD/'YYYY) ACO.R__D. CERTIFICATE OF LIABILITY INSURANCE 2/20/2003 PRODUCER --'~ THIS CERTIFICATE IS ISSUED AS A MATTER, OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ALEX H BELL II /BELL INSURANCE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3213 VIRGINIA BEACH BOULEVARD ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW VIRGINIA BEACH VA 23452 757-340-0028 INSURERS AFFORDING COVERAGE NAIC# INSURED ALANTON CIVIC LEAGUE INSURER A NATIONWIDE MUTUAL INS CO INSURER B PO BOX 4337 INSURER C ! VIRGINIA BEACH, VA 23454 I INSURER D II INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED (DR MAY PERTAIN, THE INSURANCE AFFORDED BY' THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS IN~R I%%~1~ POLICY EFFECTIVE r POLICY EXPIIV, ATI(.)N LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY _EA..C.H._O_C_C_UR_R_E.N_C_E $ 1,000 , 000 L]P~M/.~.31"- I U I'~t-'l~ I I-LJ X COMMERCIAL GENERAL LIABILITY PREMISES (Da occurence) $ 50 ; 000 I CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ 5; 000 A 53PR884170-0001 01/11/03 01/11/04 PERSONAL&ADVINJURY $ 1.,000 ;000 GENERAL AGGREGATE $ 2tO00 tO00 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS- COMP/OP AGO $ 1,0 00,0 0 0 X POLICY. PRO- AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Da accident) $ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Peracc~den0 $ PROPERTY DAMAGE (Per acc~dent) $ GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ ANYAUTO OTHER THAN EA ACC ! $ I AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ ~ CLAIMS MADE AGGREGATE OCCUR $ DEDUCTIBLE $ RETENTION $ . $ WURKI-KS COMPENSATION AiqO TORYLIMI I'S I ER I EMPLOYERS' LIABILITY E L EACH ACCIDENT ; $ ANY PROPRIETORJPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E L DISEASE - EA EMPLOYE~ $ If yes, descnbe under / SPECIAL PROVISIONS below E L DISEASE - POLICY LIMIT ', $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS ~..NC ROAC [-~v~ NT CERTIFICATE HOLDER CANCELLATION CITY OF VIRGINIA BEACH 2401 COURTHOUSE DRIVE BUILDING 2 VIRGINIA BEACH VA 23456 ACORD 25 (2001/08) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRII-rEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATI~.~,-~._ UT.O , © ACORD CORPORATION 1988 Item d. 7. a/b. ORDINANCES/RES OL UTIONS - 39- ITEM # 51080 Upon motton by Vice Mayor Jones, seconded by Counctlman Maddox, City Council ADOPTED: Resolutton to express support to fund grants for equtpment and to AUTHORIZE an agent to submtt apphcattons and take pohce and fire related acttons to address tacttcal rescue and hazardous matertals should an event occur Ordtnance to ACCEPT and APPROPRIATE $233,614 tn grants from the US Department of Justtce re the purchase of necessary equtpment for tactical response Communtcattons and Information Technology Department Ftre Department Emergency Mechcal Servtces (EMS) Department $151,284 $ 53,240 $ 29,090 Votmg 9-0 (By ConsenO Counctl Members Voting Aye Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent dtm Reeve and Peter W Schmtdt Aprtl 22, 2003 3. That the Council of the City of Virginia Beach, a public body established under the laws of the Commonwealth of Virginia, hereby authorizes its agent to provide to the Commonwealth and to the Office of Justice Programs, for all matters pertaining to such Federal financial assistance, any and all information pertaining to these grants as may be requested. Adopted by the Council of the City of Virginia Beach, Virginia on the 22nd day of April , 2003. CA-8850 Ordin/Noncode / j us t i cegrant re s. wpd R-3 April 15, 2003 APPROVED AS TO CONTEN~ Management Services APPROVED AS TO LEGAL SUFFICIENCY: Department of Law 10 11 12 13 14 15 16 17 18 19 20 21 22 23 AN ORDINANCE TO ACCEPT AND APPROPRIATE $233,614 IN GRANTS FROM THE U.S. DEPARTMENT OF JUSTICE TO VARIOUS CITY DEPARTMENTS TO PERMIT THE PURCHASE OF EQUIPMENT NEEDED FOR RESPONDING TO THE USE OF WEAPONS OF MASS DESTRUCTION WHEREAS, the City of Virginia Beach has received federal pass- through grants that will fund equipment necessary for responding to the use of weapons of mass destruction. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, Virginia: 1. That $233,614 in grant funding from the U.S. Department of Justice is hereby accepted and appropriated to buy equipment necessary for responding to the use of weapons of mass destruction, as set forth below: (a) $151,284 to the Communications and Information Technology Department's FY 2002-03 operating budget; (b) $53,240 to the F~re Department's FY 2002-03 operating budget; and (c) $29,090 to the Emergency Medical Services Department's FY 2002-03 operating budget. 2. That the FY 2002-03 Operating Budget is hereby amended to reflect $233,614 in new federal revenue. 24 25 Adopted by the Council of the City of Virginia Beach, Virginia on the 22nd day of April , 2003. CA-8832 Ord in / Noncode / just i cegrantord, wpd R-5 April 15, 2003 Approved as to Content Management Services / Approved as to Legal Sufficiency Law ' u MICHAEL M CLINE State Coordinator GEORGE W FORESMAN Deputy Coordinator COMMONWEALTH of VIRGINIA Department of Emergency Management November 26, 2002 10501 Trade Court R~chmond, V~rg~nla 23236-3713 (804) 897-6500 (TDD) 674-2417 FAX (804) 897-6506 Mr. James K. Spore City Manager Virginia Beach City Mumcipal Center, Building #1 Virginia Beach, VA 23456 Dear Mr. Spore: Attached are the applications and the supporting information for the U.S. Department of Justice Equipment Grant Program. As you will recall from my last letter, this Grant is to assist Virginia localities in preparation for their response to weapons of mass destruction incidents. The Virgima Department of Emergency Management (VDEM) ~s the designated state agency charged to manage these Grants and help you m applying for and receiwng these eqmpment funds. The Department of Justice Grants are intended to allow local governments to purchase response equipment that you identify as being needed in your locality. The funding is restricted, however, to the purchase of equipment from a specified and limited number of commodity areas. The funding ~s derived from three separate federal grants that have just become available to V~rginla. The total amount of funding allocated to your community under these three grants ~s as follows' "Worktne to Protect Peot~le. Prot~ertv and Our Commumt~a~." Mr. James K. Spore Page Two November 26, 2002 GRANT 1999 GRANT 2000 GRANT 2001 GRANT 2002 GRANT TOTAL $ AWARD AWARD AMOUNT $31,887.84 $33,089.27 $168,636.57 $233,613.67 FUNDS MUST BE OBLIGATED BY: March 23, 2003 July 31, 2004 July 31, 2004 July 31, 2004 These funds do not require any local government match. The equipment purchased under these grants must come only from the commodity areas targeted by the federal government. No other equipment may be purchased with these funds under the DOJ conditions of the grant. The attached binder describes the details of the grants and contains the applications (you must complete an application and required federal documents for each Grant year 1999, 2000, 2001 and 2002) required of your jurisdiction in order to receive funding. The application contains a Designation of Applicants Agent for the grant process through which the grants must flow as well as certain standard and required certifications. Returning to VDEM executed copies of these forms and an executed copy of the U.S. Department of Justice Equal Opportunity Employment Program (EEOP) form provided in my October letter to you constitutes your required documentation for these Department of Justice Equipment Grants. Upon receipt of these grant applications and the EEOP required ~nformat~on, VDEM will transfer your total grant amounts to you. It is the responsibility of the junsdictmn to determine what equipment you wish to purchase and to ensure that only eligible equipment is procured. It will be necessary that you provide timely evidence of each piece of equipment purchased under th~s grant program to VDEM for audit purposes. VDEM will accept receipts, invoices, or other evidence that the equipment has been purchased and the cost(s) incurred in the procurement of these items. Please note that the 1999, 2000, 2001, and 2002 grants must be reconciled before your jurisdiction will be eligible for any future equipment grants under this program. Any monies not spent on the required items will not be allowed and funding will be required to be returned to VDEM. Mr. James K. Spore Page Three November 26, 2002 The attached binder provides details regarding all of these Department of Justice Equipment Grants as well as guidance from Justice regarding the expected and allowable costs of eligible equipment items. The binder also provides some guidance developed by VDEM regarding appropriate selection of equipment you may wish to purchase. The equipment may be purchased by you directly from vendors through standard procurement procedures. As an alternative, DOJ has entered into purchasing agreements with the U.S. Manne Corps Systems Command and the Defense Logistics Agency. As a subgrantee, your community may avail itself of their services. A description of their capabilities and contact information is supplied in the binder. Please note that DOJ requires that the 1999 funds be obligated by March 23, 2003. The 2000, 2001, and 2002 funds must be obligated by July 31, 2004. A portion of the DOJ Equipment Grants is to be distributed to local governments on a competitive sub-grant basis. We anticipate mailing information on the competitive sub-grants to you in approximately two weeks. We all recognize the importance you place on ensuring the safety of your first responders and protecting the vitality of your community. I am pleased to provide you with this information so that the Department of Justice Equipment Grants can be used to better equip your locality to protect ~ts citizens and their property. If you have any questions regarding the grants or equipment eligibility please feel free to contact Mr. Julian Gilman of my staff at (804) 897-6500, extension 6534. Sincerely, Michael M. Cline Attachment MMC Item J. 8. ORDINANCES~RES OL U TIONS - 40- ITEM # 51082 Upon motton by Vtce Mayor Jones, seconded by Councdman Maddox, Ctty Counctl ADOPTED: Ordtnance to APPROPRIATE $I, 805, 2 70from the Department of Houstng and Urban Development (HUD) re the Housing Choice Voucher program and mcrease revenues from the Federal Government accordmgly Votmg 9-0 (By ConsenO Councd Members Voting Aye Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Ron A Vtllanueva, Rosemary Wilson and James L Wood Counctl Members Voting Nay None Council Members Absent ,/sm Reeve and Peter W Schmtdt Aprtl 22, 2003 AN ORDINANCE TO APPROPRIATE $1,805,270 OF ADDITIONAL FEDERAL REVENUE TO THE FY 2002-03 OPERATING BUDGET OF THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION FOR THE HOUSING CHOICE VOUCHER PROGRAM WHEREAS, an additional $1,805,270 in mid-year renewal 10 funding has been allocated to the City of Virginia Beach by the 11 Department of Housing and Urban Development for use in the 12 Housing Choice Voucher Program. 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY ]4 OF VIRGINIA BEACH, Virginia: 15 That $1,805,270 in anticipated revenue from the Department 16 of Housing and Urban Development is hereby appropriated to the 17 FY 2002-03 operating budget of the Department of Housing and 15 Neighborhood Preservation for use in the Housing Choice Voucher Program, with revenues from the federal government increased 20 accordingly. 2] Adopted by the Council of the City of Virginia Beach, 22 Virginia on the 22nd day of April , 2003. CA-8830 Noncode/word/Housing Choice Voucher.ord.doc April 14, 2003 R3 Approved as to Content Management Serv!~ Approved as to Legal Sufficiency __ D~partment o~Law '' ITEM: MEETING DATE CITY OF VIRGINIA BEACH AGENDA ITEM Ordinance to Appropriate $1,805,270 of Additional Federal Revenue to the FY 2002-2003 Operabng Budget of the Department of Housing and Neighborhood Preservabon for the Housing Choice Voucher Program April 22, 2003 Background: The Secbon 8 Division of the Department of Housing & Neighborhood Preservabon operates the Housing Choice Voucher Program, which provides rental assistance to Iow and moderate-~ncome households The Department of Housing and Urban Development (HUD) has allocated 1,686 vouchers to the C~ty of V~rg~n~a Beach The renewal of the funding for these vouchers ~s based upon the average costs of each voucher Over the course of the past several years th~s cost has increased due to increasing cost of rents ~n the V~rgm~a Beach area In add~bon, HUD provides renewal funds ~n m~d fiscal year Dunng the budgebng process we estimated the cost of the renewals based on our best mformabon at the bme However, the actual renewal funding exceeded our estimates. It ~s therefore necessary to appropnate the add~bonal funding ($1,277,953) awarded to the C~ty by HUD In add~bon, due to an accounhng change, ~t ~s necessary to appropriate $527,317 that represents funds received from Iocal~bes for program parbc~pants who have moved to V~rgin~a Beach from elsewhere Th~s amount represents approximately 6 months of subsidies for 190 households who have prewously moved here We are experiencing a "net move ~n" of approximately 12 parbc~pant households per month, or 144 per year To put th~s ~n context, according to the Census, 12% of the populabon ~n 2000 had hved outside the c~ty ~n the prior year Th~s means that approximately 51,000 people, or 19,000 households, moved ~nto V~rg~n~a Beach ~n one year Therefore, program participants mowng ~n represent approximately 7/10ths of 1% of those mowng ~n Considerations: W~thout the appropr~abon of these funds, the C~ty wdl not be able to fulfill commitments made to the Secbon 8 recipients and wdl be ~n wolabon of the program rules and regulabons Public Information: Informabon will be provided to the public through the normal councd agenda process · Alternatives If the C~ty d~d not w~sh to administer the program, ~n all hkehhood HUD would sohc~t for and choose an alternabve administrator of the funding for parbc~pants hv~ng ~n V~rg~n~a Beach It ~s therefore ~n the C~ty's best ~nterest to conbnue to administer the program ~n ahgnment w~th C~ty gu~dehnes and pohc~es, rather than having ~t administered by an outside agency over which we would have less control · Recommendations: Approval of the attached ordinance · Attachments: Ordinance Recommended Action: Approval of the attached ordinance e~' Submitting Department/Agency: Department of Housing and N ~on City Manager: (~~~ ~,/-'-- '~-'~(j~ - 41 - Item J. 9. ORDINANCES/RES OL UTIONS ITEM # 51083 Upon motton by Vtce Mayor Jones, seconded by Councdman Maddox, Ctty Councd ADOPTED: Ordtnance to APPROPRIATE $119, 512from vartous sources and $ 78, 845 from the fund balance tn the Department of Mental Health, Mental Retardation and Substance Abuse ("MHZMR/SAS") to the FY 2002-2003 operattng budget re purchase and tnstalhng a lift system at the SMllquest factltty Votmg 9-0 (By ConsenO Councd Members Vottng Aye Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Ron A Vdlanueva, Rosemary Wdson and James L Wood Councd Members Vottng Nay None Councd Members Absent dtm Reeve and Peter W Schmtdt Aprd 22, 2003 AN ORDINANCE TO APPROPRIATE $119,512 FROM VARIOUS FUNDING SOURCES AND $78,845 FROM FUND BALANCE IN THE MH/MR/SAS SPECIAL REVENUE FUND TO THE FY 2002-03 OPERATING BUDGET OF THE MH/MR/SAS DEPARTMENT TO PROVIDE INCREASED SERVICES AND NECESSARY EQUIPMENT FOR CLIENTS WHEREAS, the Virginia Beach Department of Mental Health, Mental Retardation and Substance Abuse Services (~MH/MR/SAS") has $119,512 in funding available that may be appropriated by the City Council to provide enhanced services to clients; and WHEREAS, $78,845 is available in the fund balance of the MH/MR/SAS Special Revenue Fund to purchase and install a lift system needed for the Skillquest facility. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $119,512 is hereby appropriated to the FY 2002- 03 Operating Budget of the MH/MR/SAS Department to provide increased services to clients, with the sources of this appropriation to be as follows: (a) $3,558 in estimated revenue from donations; (b) $19,665 of previous donations in the fund balance of the Mental Health Center Gift Fund; (c) $81,942 in estimated revenue from the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services; and (d) $14,347 in federal government funding. 2. That $78,845 from fund balance in the MH/MR/SAS Special Revenue Fund is hereby appropriated to the FY 2002-03 operating budget of the MH/MR/SAS Department for the purpose of purchasing and installing a lift system at the Skillquest facility. 3. That in the FY 2002 operating budget estimated revenue from donations is hereby increased by $23,223, estimated revenue from the Commonwealth is increased by $81,942, estimated revenue from the federal government is increased by $14,347,and estimated revenue from fund balance is increased by $78,845. Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day of April , 2003. CA-8831 Ordin/Noncode/MHMRSAS Services & Skillquest.ord.doc April 14, 2003 R3 APPROVED AS TO CONTENT: Management Se J APPROVED AS TO LEGAL SUFFICIENCY: D~lSar tment -- ;~' CITY OF VIRGINIA BEACH AGENDA ITEM 77111111 _~7 7711111 771711111 7 711 i- 7777111- 71711-- 7 71111~ 7 77711----7 77117-- 777117----777111-- 77771;-- 777~7--~ 7 iiZ - 7~i~ ii 7177 ITEM: Appropriation Request from the MH/MR/SAS Department MEETING DATE: April 22, 2003 · Background: The MH/MR/SA Department will receive $23,223 from community donations that can be used to pay for dental care for clients, and $96,289 in federal and State funds above the amount originally budgeted to be used to enhance services to mentally ill and chemically dependent clients. None of this $119,512 in funding has been appropriated. In addition, the Skillquest Program, which provides training services and support activities to individuals with mental retardation, needs to install a lift system to meet the needs of persons in wheelchairs. Over 40 consumers are in wheelchairs and require daily lifting assistance. The number of severely disabled clients participating in the program continues to rise, as does the average age of staff members assisting them. Installation of a lift system will allow the staff to better and more safely serve clients, prevent injuries and lost work to staff, and reduce risk to the Department and the City. The esbmated cost of the installed lift system is $78,845, and funds balance is available for appropriation to cover this expense. · Considerations: Revenue from donations and additional federal and State revenue are not included in the Department's FY 2002-03 Operating Budget and have not yet been appropriated There are no FTE's associated with any of these revenues, and no additional City funds are required. There is sufficient fund balance in the MH/MR/SA Department's Special Revenue Fund to purchase the Skillquest lift system. This is a one-time expenditure without recurring costs beyond normal maintenance and repair. · Public Information: Initiatives being funded with the additional revenue have been discussed at public meetings and approved by the Community Services Board at its regular meeting on March 27, 2003. All other public reformation will be handled through the normal Council agenda process. · Alternatives: There are no alternative means of funding. These additional funds will allow the Department to meet pressing service needs. Without this funding the services would need to be provided through current appropriations, which are already designated for other services. · Attachments: Ordinance. Recommended Action: Adoption of ordinance Submitting Department/Agency: Department of MH/MR/SA City M anage(~~ l/---.~-v~h (MHMRSAS Services & Skillquest. arf. doc -Microsoft Word) Item ~.10. ORDINANCES/RESOL UTIONS - 42 - ITEM # 51084 Upon motton by Vtce Mayor Jones, seconded by Councdman Maddox, Ctty Councd ADOPTED: Ordtnance to ACCEPT and APPROPRIATE $40,000 from the Federal Emergency Management Agency (FEMA) to the Ftre Department's FY 2002-2003 operattng budget re a Community Emergency Response Team and Citizen Corps council, tncreastng the federal revenue accordtngly Vottng 9-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Ron A Vtllanueva, Rosemary Wilson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Jtm Reeve and Peter W Schmtdt Aprt122, 2003 AN ORDINANCE TO ACCEPT AND APPROPRIATE $40,000 FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY TO THE FIRE DEPARTMENT'S FY 2002-03 OPERATING BUDGET TO ESTABLISH A COMMUNITY EMERGENCY RESPONSE TEAM AND A CITIZEN CORPS COUNCIL WHEREAS, the City of Virginia Beach Fire Department has $ received two (2) grants totaling $40,000 from the Federal Emergency 9 Management Agency. l0 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ] ] VIRGINIA BEACH, VIRGINIA: ]2 That $40,000 in grant funds from the Federal Emergency ]3 Management Agency is hereby accepted and appropriated to the Fire ]4 Department's FY 2002-03 Operating Budget, with $35,000 of this ]5 amount to be used to establish a Community Emergency Response Team 16 and the remaining $5,000 to create a Citizen Corps Council, with ]7 federal revenue increased accordingly. ]8 Adopted by the Council of the City of Virginia Beach, Virginia 19 on the 22nd day of April , 2003. 20 CA-8829 Ordin/noncode/word/CitizensCorpsGrant. ord. doc 22 April 14, 2003 23 R3 24 25 Approved as to Content 26 Approved as to Legal Sufficiency Department CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MEETING DATE: Citizen Corps Grants April 22, 2003 · Background: In the summer of 2002, President Bush announced a Homeland Security inibative called Citizen Corps, a volunteer program supporting emergency services. Federal funding has been made available through the State of Virginia to support Citizen Corps efforts. The Fire Department has been awarded two related grants. The first grant provides $5,000 to support a Citizens Corps Council Committee. Funds will be used for marketing and public relations/outreach efforts to support existing local emergency planning committees The second grant targets one of the five national endorsed programs under this initiative, the Community Emergency Response Team (CERT). The purpose of CERT is to train individuals in basic emergency response skills to augment the established emergency service providers in the event of a large-scale manmade or natural disaster. V~rginia Beach has been awarded $35,000 to initiate a CERT program in the local community. · Considerations: The City has a substantial and viable volunteer program already in place. The Volunteer Council will be a significant participant in Citizens Corps, as well as the City's Emergency Management Coordinator. City staff will initiate a program to train citizens to be instructors to extend the program beyond the designated performance period of December 3, 2003. Basic personal protective equipment necessary for deployment at an event will be provided to at least 120 citizens during the grant period. The grant provides for all instructor expenses, printed materials and audio-visual equipment. · Public Information: Public Information will be handled through the normal Council agenda process. · Alternatives: Do not accept these grants. The City currently does not have the funding required to initiate such a program. · Recommendations: Adopt ordinance · Attachments: Award Letters for the Citizen Corps Grants Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department ~~~,~ City Manager: ~ ~/~ .~~ F.\Data~,TY~Ord~n\NONCODE\C~bzenCorpGrant.arf wpd COMMONWEALTH of VIRGINIA MICHAEL M CLINE State Coordinator Department of Emergency Management JANET L CLEMENTS Deputy Coordinator April 1, 2003 L RALPH JONES, JR Deputy Coordinator Mr. Gregory Code Fire Chief City of Virginia Beach Building :21, Municipal Center Virginia Beach, VA 23456 10501 Trade Court RIchmond, VIrginia 23236-3713 (804) 897-6500 (TDD) 674-2417 FAX (804) 897-6506 Dear Chief Cade: We are pleased to notify you that Citizen Corps Grant Funds have been approved for your locality in the amount of $35,000 for Community Emergency Response Team (CERT). Payments are being processed for the award amount. As a limited amount of federal funding was received for this project, awards were based on the strength of applications, rishs, population and a demonstrated commitment to program sustainment and implementation. All grant recipients are responsible for using program funds in accordance with the grant guidelines and according to the approved budget. This is a federal grant administered by the Commonwealth through the Virginia Department of Emergency Management and it requires no local match. In accordance with the federal requirements for the Citizen Corps Grants, the following conditions apply to the project: The performance period extends to December 3, 2003. All funds must be committed no later than December 3, 2003 - and all funds must be expended no later than March 3, 2004. · Localities must provide the Commonwealth with a worh schedule including milestones for the approved project within 30 days of receipt of this letter. · All requirements outlined in the grant must be completed within the grant period. Programmatic and financial reports for the project need to be submitted by July 1, 2003, October 1, 2003 and January 1, 2004. Final closeout reports are due March 10, 2004. Mr. Gregory Cade April 1, 2003 Page 2 . We will follow up in the next several weehs with more guidance on the quarterly reporting and other grant requirements. Once again we congratulate you on your award and thanh you for your participation in this program. We Iooh forward to worhing with you in developing preparedness programs in your community. As we receive details from the Department of Homeland Security on the distribution of the 2003 Citizen Corps funding, we will also forward that information to you. If you have any questions regarding the administration of this award or its finances, please contact Leigh Estes, Grants Administrator, at the Virginia Department of Emergency Management at (804) 807-6500, extension 6518 or' lestesCavdem.state.va.us. If you have any program questions, contact Suzanne Simmons, Virginia Corps Coordinator at (804) 897-6500, extension 6512 or ssimmonsCagov.state.va.us Sincerely, Chief Deputy State Coordinator, VDEM Executive Director, Virginia Corps Office of the Governor JLC:mmb Suzanne Simmons Leigh Estes COMMONWEALTH o[ VIRGINIA MICHAEL M CLINE State Coordinator Department of Emergency Management JANET L CLEMENTS Deputy Coordinator L RALPH JONES, JR Deputy Coordinator Mr. James K. Spore CIty Manager City of Virginia Beech Building #1 2401 Courthouse Drive Virginia Beech, VA 23456 April 1, 2003 APR 10501 Trade Court Richmond, V~rglma 23236-3713 (804) 897-6500 (TDD) 674-2417 - - FAX (804) ~97-6506 , - 2 2OO3 . Deer Mr. Spore: tale are pleased to notif~ you that Citizen Corps Grant Funds hove been approved for your locality in the amount of $5,000 for Citizen Corps Council. Payments ere being processed for the award amount. As o limited amount of federal funding uJos received for this project, awards were based on the strength of applications, rishs, population end e demonstrated commitment to program sustainment end implementation. All grant recipients ore responsible for using program funds in accordance with the grant guidelines and according to the approved budget. This is o federal grant administered by the Commonwealth through the Virginia Deportment of Emergency Management end it requires no local match. In accordance with the federal requirements for the Citizen Corps Grants, the following condItions apply to the project: The performence period extends to December 3, 2003. All funds must be committed no leter then December 3, :7_003 - end ell funds must be expended no leter then Merch 3, 2004. · Localities must provide the Commonwealth with e worl~ schedule including milestones for the approved project within 30 days of receipt of this letter. · All requirements outlined in the grant must be completed within the grant period. Programmatic and financial reports for the project need to be submitted by July 1, 200:3, October 1, 2003 and January 1, 2004. Final closeout reports ore due March lO, 2004. Mr. James R. Spore April 1, 2003 Page 2 · We will follow up in the next several weel~s wit. h more guidance on the quarterly reporting and other grant requirements. Once again we congratulate you on your award and thanh you for your participation in this program. We Iooh forward to worhing with you in developing preparedness programs in your community. As we receive details from the Department of Homeland Security on the distribution of the :2003 Citizen Corps funding, we will also forward that information to you. If you have any questions regarding the administration of this award or its finances, please contact Leigh Estes, Grants Administrator, at the Virginia Department of Emergency Management at (804) 897-6500, extension 6518 or lestes@vdem.state.va.us. If you have any program questions, contact Suzanne Simmons, Virginia Corps Coordinator at (804) 89?-6500, extension 6512 or ssimmons@gov.state.va.us Sincerely, Chief Deputy State Coordinator, VDEM Executive Director, Virginia Corps Office of the Governor JLC:mmb C: 5uzanne Simmons Leigh Estes Item V-K. PLANNING - 43 - ITEM # 51085 1. MICHAEL D. SIFEN, INC. CONDITIONAL CHANGE OF ZONING 2. ROYAL COURT, INC. CHANGE OF ZONING 3. GLAMOUR CORPOR/I TION CONDITIONAL 0-1 OFFICE DISTRICT CONDITIONAL H-1 HOTEL DISTRICT 4. FREDERICK E. LEE, H CONDITIONAL USE PERMIT 5. REHOBOTH BAPTIST CHURCH CONDITIONAL USE PERMIT 6. VOICESTREAM GSM II, L.L.C. VOICE STREAM WIRELESS MODIFICATION OF PROFFERS Nos. Vz/4 and REVISE Proffer No. 3 Dail CZO (Approved: 2/9/8D CONDITIONAL USE PERMIT 7. LA UNDR Y/CAR WASH USA CONDITIONAL USE PERMIT & CITY OF VIRGINIA BEACH CONDITIONAL CHANGE OF ZONING 9. CITY ZONING ORDINANCE 10. CITY ZONING ORDINANCE AMEND §§ 105, 106, 107, 108, 221, 1405 and 1605 CZO (written notice and posting of signs for applications). AMEND § 901 CZO (to include public or private colleges and universities in the B-2, B-3, B-3A and B-4 Business Distircts) NO ACTION NECESSARY Aprt122, 2003 - 44- Item V-K. 1. PLANNING ITEM # 51086 Upon motton by Vtce Mayor Jones, seconded by Counctlman Maddox, Ctty Counctl APPROVED in ONE MOTION Items 1 (DEFERRED), 2 (DEFERRED), 4, 5, 6 (DEFERRED), 7 and 9 Item 1 was DEFERRED, BY CONSENT, unttl the Ctty Counctl Sesston of May 13, 2003 Item 2 was DEFERRED, BY CONSENT, until the City Council Session of May 13, 2003 Item 6 was DEFERRED, BY CONSENT, unttl the Ctty Councd Sesston of June 1 O, 2003 IZotmg 9-0 (By ConsenO Counctl Members 17ottng Aye Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R clones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent dtm Reeve and Peter I4' Schmtdt Councdman Wood ABSTAINED on Item K 6 (VOICESTREAM GSM II, L.L.C. and VOICE STREAM WIRELESS), as he ts currently an acttve member of Ltttle Neck Swtm and Racquet Club, Inc, and has served on the Board of Dtrectors as well as Vtce Prestdent Counctlman Wood mtttally negottated the lease tn questton Aprtl 22, 2003 Item V-K. 1. - 45 - PLANNING ITEM # 5108 7 Upon motton by Vtce Mayor Jones, seconded by Counctlman Maddox, Ctty Council DEFERRED until the City Council Session of May 13, 2003, Ordmance upon apphcatton of MICHAEL D. SIFEN, INC for a Change of Zomng ORDINANCE UPON APPLICA TION OF MICHAEL D SIFEN, INC FOR ,4 CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5D RESIDENTIAL DUPLEX DISTRICT TO CONDITIONAL I-1 LIGHT INDUSTRIAL DISTRICT Z0303 Or&nance upon Apphcatton of Mtchael D &fen, Inc for a Change of Zontng Dtstrtct Class{ficatton from R-5D Restdenttal Duplex Dtstrtct to Condtttonal I-1 Light Industrial Dtstrtct on the west side of CentervtlIe Turnptke approximately 1600feet north of tts tntersectton wtth Kempsvtlle Road (GPIN 1455737940) The proposed zontng to Condtttonal I-1 ts for hght mdustrtal land use The Comprehenstve Plan recommends use of thts parcel for business parks, offices, tndustrtal, and employment support land use Parcel contatns 6 724 acres DISTRICT 1 - CENTER VILLE Voting 9-0 (By ConsenO Counczl Members Vottng Ave Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E. Oberndorf, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Council Members Absent dtm Reeve and Peter W Schmtdt Aprtl 22, 2003 Item V-K.2. - 46- PLANNING ITEM # 51088 Upon motton by Vtce Mayor Jones, seconded by Counctlman Maddox, Ctty Counctl DEFERRED until the City Council Session of May 13, 2003, Ordtnance upon apphcatton of Royal Court, Inc. fora Change of Zoning ORDINANCE UPON APPLICATION OF ROYAL COURT, INC, A VIRGINIA CORPORATION, FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-l, AG-2 AND R-20 TO R-5D RESIDENTIAL DUPLEX DISTRICT WITH A PD-H2 Ordtnance upon Apphcatton of Royal Court, Inc , a Vtrgtma Corporation, for a Change of Zontng Dtstrtct Classtficatton from AG-1 Agrtcultural District, AG-2 Agricultural District and R-20 Residential District to R-5D Restdenttal Duplex District wtth a PD-H2 Planned Untt Development Dtstrtct Overlay on the north stde of Prtncess Anne Road, 344feet west of Crossroads Tratl (GPIN 2404-75-8161) The proposed zomng to Conditional R-5D with PD-H2 ts for restdenttal land use at a density not to exceed 6 dwelhng umts per acre The Comprehenszve Plan recommends use of thts parcel for restdenttal land use at or below 3 5 dwelhng untts per acre Satd parcel contatns 9 963 acres DISTRICT 7 - PRINCESS ANNE Vottng 9-0 (By Consent) Counctl Members Vottng Aye Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Ron A Vdlanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Council Members Absent Jtm Reeve and Peter W Schmtdt Aprt122, 2003 Item V-K. $. PLANNING -47- ITEM # 51089 Attorney R E Bourdon, Phone 499-8971, represented the apphcant and dtstrtbuted a concept of the hotel and the stte plan, whtch ts hereby made a part of the record Upon motton by Counctlman Dtezel, seconded by Councdman Vdlanueva, Ctty Counctl, adopted Ordmances upon apphcatton of GLAMOUR CORPORATION for Changes of Zonmg ORDINANCE UPON APPLICA TION OF GLAMO UR CORPORA TION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATIONFROMAG-1 TO CONDITIONAL 0-1 OFFICE DISTRICT Z04032143 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordmance upon Apphcatton of Glamour Corporatton for a Change qf Zoning District Classtficatton from AG-1 Agrtcultural Dtstrtct to Condtttonal 0-1 Office Dtstrtct on the south side of Dam Neck Road, approximately 2, 730 feet west of Corporate Lanchng Parkway (GPIN 2405945638) The proposed zonmg to Condtttonal 0-1 Office ts for office and compattble land use The Comprehensive Plan recommends use of thts parcel for employment uses including business parks, offices, and appropriately located tndustrtal uses Satd parcel contatns 2 acres DISTRICT 7- PRINCESS ANNE AND, ORDINANCE UPON APPLICA TION OF GLAMO UR CORPORA TION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATIONFROM AG-1 TO CONDITIONAL H-1 HOTEL DISTRICT Z04032144 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of Glamour Corporatton for a Change qf Zontng Dtstrtct Classt_ficatzon from AG-1 Agrtcultural Dtstrtct to Condtttonal H-1 Hotel Dtstrtct on the south stde of Dam Neck Road, 2,530 feet west of Corporate Landm g Parkway (GPIN 2 4 0 5 94 5 6 3 8) The propos ed zontng to Condtttonal H-1 Hotel ts for hotels The Comprehenstve Plan recommends use of this parcel for employment uses mcludtng bustness parks, offices, and approprtately located tndustrtal uses Satd parcel contatns 4 4 acres DISTRICT 7- PRINCESS ANNE The followtng conchtton shall be requtred 1 Agreement encompasstng the proffers shall be recorded wtth the Clerk of the Ctrcutt Court and ts hereby made apart of the record Aprt122, 2003 - 48- Item V-K. 3. PLANNING ITEM # 51089 (Continue These Ordtnances shall be effecttve tn accordance wtth Sectton 107 09 of the Zontng Ordtnance Adopted by the Councd of the Cay of Vtrgtnta Beach, Vtrgmta, on the Twenty-second of Aprtl, Thousand Three Two Vottng 7-2 Counctl Members Voting Aye Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Rtchard A Maddox, Ron A Vdlanueva, Rosemary Wtlson and James L Wood Councd Members Voting Nay Reba $ McClanan and Mayor Meyera E Oberndorf Counctl Members Absent d~m Reeve and Peter W Schmtdt Aprd 22, 2003 FO RM NO P $ 1 B OUR #~'~°) City of Virginia Beach IhrrER-0FFIC[ CO~RF.$POhtl>F. NCF. In Reply Refer To Our Ftc No. DF-5662 DATE: April 10, 2003 TO: Leslie L. Lilley DEPT: City Attorney FROM: B. Kay Wils DEPT: City Attorney Conditional Zoning Application Glamour Corporation and The Taylor Group, L.P. The above-referenced conditional zoning application is scheduled to be heard by the City Council on April 22, 2003. I have reviewed the subject proffer agreement, dated February 10, 2003, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure PREPARED BY Alll~aXl GLAMOUR CORPORATION, a Virginia corporation THE TAYLOR GROUP, L.P., a Virginia limited partnership TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this l0th day of February, 2003, by and between GLAMOUR CORPORATION, a Virginia corporation, Grantor, party of the first part; THE TAYLOR GROUP, L.P., a Virginia limited partnership, Grantor, party of the second part; and THE CITY OF VIRGINIA BEACH, a municipal corporatton of the Commonwealth of Virginia, Grantee, party of the third part. WITNESSETH: WHEREAS, the party of the second part is the owner of a certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 2.02 acres of land and described in Exhibit "A' attached hereto and incorporated herein by this reference, said property hereinafter referred to as the "Property"; and WHEREAS, the party of the first part as contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG- 1 to O- 1; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land szmilarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and GPIN: 2405-94-5638 (Part) PREPARED BY §Y~$. I~OUP~DON. AR~ & LEVY. t)C WHEREAS, the Grantor has voluntarily proffered, in writing, in advance oi and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulattons provided for the B-2 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or rifle: 1. When the Property is developed, it will be substantially in accordance with the "Conceptual Site Layout Plan of Darn Neck Hotel, Dam Neck Road, Virginia Beach, VA.", dated 12/31/02 and prepared by MSA, P.C., which plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department (the "Site Plan"). 2. When the Property is developed, the party of the first part shall use Best Management Practices for controlling stormwater runoff which are reasonably applicable to the development of the site and in keeping with the recommendations of the Southern Watershed Management Ordinance. 3. When the Property is developed, the party of the first part shall submit a detailed tree protection plan at the time of site plan submittal. 4. Continuous evergreen and/or Iow berm screening shall be provided within the 40 foot Landscape Buffer along the Property's frontage on Dam Neck Road PREPARED BY SYl~. ~OUP~DON. AtI~N & LEVY. P C as depicted on the Site Plan. Berms and landscape screening shall be employed to screen any loading areas. Exterior storage will not be permitted. 5. The use of fencing on the Property, other than for required screening of trash or equipment, is not permitted. 6. Lighting shall adhere to the design criteria currently on file with the City Clerk, for commercial areas within the adjacent Corporate Landing Development. 7. Free-standing signage shall be of a monument style and externally illuminated with lighting positioned at ground level and designed to avoid glare onto adjacent properties. 8. Exterior building material shall primarily be either glass, stone, stone faced block, pre-cast concrete, brick or stucco. The exterior surfaces shall be in an earth tone color with any trademark colors limited to accents and signage. 9. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Any references hereinabove to the O-1 Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing PREPARED BY $Y1~$. [}OURDON. AIlt~N & LEVY. P C as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and ff not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginm Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspectton m the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. 4 PREPARED BY I~ SY~S. I}O~N. Att~N & I. LrVY, P C. WITNESS the following signatures and seals: GRANTOR: GLAMOUR CORPORATION, a Virginia corporataon By: Ha_r~had K. Barot, V±c_ President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 21st day of February, 2003, by Harshad K. Barot, Vice President of Glamour Corporation, a Virginia corporation. Notary Public My Commission Expires: August 31, 2006 PREPARE. D BY lSY~S. ]}OUEDON. AttI~N & ~. PC WITNESS the following signatures and seals: GRANTOR: THE TAYLOR GROUP, L.P., a Virginia limited partnership Lit]da Taylor C1L4~pel~ Gei~eral V~rmer STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ~[~ay of February, 2003, by Linda Taylor Chappell, General Partner of The Taylor Group, L.P., a Virginia limited partnership. My Commission Expires: ~ ~ ~t' ~eg~ GRANTOR: LTC MANAGEMENT, INC., a General Partner Li~da Taylor C~a~pell, Vres"k/d;nt I (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ~'~~ay of February, 2003, by Linda Taylor Chappell, President of LTC Management, Inc., a General Partner. Notat~ Public My Commission Expires: PREPARED BY [~ §Y[[S. t~OURDON. AII[t~ & [D/Y. @ c WITNESS the following signature and seal: GRANTOR: THE TAYLOR GROUP, L.P., a Virginia limited partnership Barbara Taylor Cr~ech, General Partner STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ~0~ay of February, 2003, by Barbara Taylor Creech, General Partner of The Taylor Group, L.P., a Virginia limited partnership. My Commission Expires: PREPARED BY lS'YZ£S. t}OURDON. AIIt~N & LEVY. pC EXHIBIT ALL THAT certain piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, containing 2.02 acres and being the southern portion of that parcel of land being known, numbered and designated as Parcel B, as shown on that certain plat entitled, ~SUBDIVISION PLAT OF A PORTION OF THE TAYLOR FARMS - Princess Anne Borough- Virginia Beach, Virginia", made by Horton & Dodd, P.C., Surveyors, ]Engineers, Planners, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 257, at Pages 4 and 5. GPIN: 2405-94-5638 (Part) CONDREZONE/GLAMOUR/PROFFER1 2 a REV 2/21/03 Item V-K. 4. - 49- PLANNING ITEM # 51090 Upon motton by Vtce Mayor Jones, seconded by Councilman Maddox, Ctty Counctl ADOPTED Ordtnance upon apphcatton of FREDERICK E. LEE, Il for a Condtttonal Use Permtt: ORDINANCE UPON APPLICATION OF FREDERICK E LEE, II FOR A CONDITIONAL USE PERMIT FOR BULK STORAGE R040331096 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of Fredertck E Lee, II for a Conchttonal Use Permit for bulk storage on property located at 1153 Jensen Drive (GPIN 24174343000006) Satd parcel contains 9, 680 square feet DISTRICT 6 - BEACH The followtng condtttons shall be requtred 1 The bulk storage yard shall not be located wtthtn the requtred front yard setback The enttre bulk storage area shall be enclosed by a mtntmum (6') slx-foot sohd fence with a gate Category ILandscaptng shall be tnstalled and matntatned outstde of the fence on the western stde 3 The extsttng semt-tratler contatner located on the stte shall be removed from the property All outdoor hghts shall be shtelded to &rect hght and glare onto thepremtses, shall be deflected, shaded and focused away from all adjommg property, and shall not be any htgher than fourteen (14) feet The apphcant shall obtatn a Certificate of Occupancy from the Permtts and Inspecttons Dtvtston of the Planntng Department Requtrements of the Ftre Marshall shall be ascertatned through thts permttttng process Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 O0 of the Zomng Ordtnance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twenty-second of Aprtl, Thousand Three Two Aprtl 22, 2003 - 50- Item V-K. 4. PLANNING ITEM # 51090 (Continued) Voting 9-0 (By Consent) Council Members Vottng Aye Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan. Rtchard A Maddox, Mayor Meyera E Oberndorf, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Voting Nay None Counctl Members Absent Jtm Reeve and Peter W Schmtdt Aprt122, 2003 Item V-K. 5. - 51 - PLANNING ITEM # 51091 Upon motton by Vtce Mayor Jones, seconded by Counctlman Maddox, Ctty Counctl ADOPTED an Orchnance upon apphcatton of REHOBOTH BAPTIST CHURCH for a Condtttonal Use Permtt ORDINANCE UPONAPPLICA TION OF REHOBOTHBAPTIST CHUR CH FOR A CONDITIONAL USE PERMIT FOR CHURCH EXPANSION R040331097 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of Rehoboth Bapttst Church for a Condtttonal Use Permtt for church expanston at 176-182 South Btrdneck Road (GPL¥ 2417520768) Parcel contatns 2 4 acres DISTRICT 6 - BEACH The following condtttons shall be requtred Category I Landscaptng shall be tnstalled and matntatned along the northwest and southeast facades of the butldtng Evergreen foundatton landscaptng shall be tnstalled and matntatned as deptcted on the Concept Plan entttled "Proposed Expanston of Rehoboth Bapttst Church, Vtrgtnta Beach, Vtrgmta," prepared by Gallup Surveyors & Engmeers, Dated December 10, 2002 Durtng final site plan revtew, a Lighting Plan shall be submitted to the Development Servtces Center for revtew and approval prtor to the tssuance of a bmldtng permtt 4 All proposed and extsttng parktng areas shall be paved as tndtcated on the submttted Concept Plan tdenttfied above All proposed and extsttngparktng areas shall have a mtntmum ten (1 O) foot wtde buffer between the pavement and the property hne and shall be planted so that a conttnuous evergreen hedge wtll form wtthtn two (2) years Satd plant matertal must be a mtntmum of 24 tnches tn hetght at the ttme of planttngs Trees shall be tncluded wtthtn this buffer alongporttons of the extstmg mghts-of- way as requtred by the Ctty of Vtrgtnta Beach Parkmg Lot and Foundatton Landscape Ordtnance Extsttng trees to re~natn may be counted towards apphcable requtrements conststent wtth the Ctty of Vtrgtnta Beach Parktng Lot and Foundatton Lan&cape Ordtnance All plant matertal shall be matntatned tn good and healthy condttton Aprtl 22, 2003 Item V-K. 5. - 52 - PLANNING ITEM # 51091 (Continued) Thts Orchnance shall be effecttve tn accordance wtth Sectton 107 (/) of the Zontng Ordinance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twenty-second of Aprtl, Thousand Three Two Vottng 9-0 (By Consent) Counctl Members Vottng Aye Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent dtm Reeve and Peter W Schmtdt Aprtl 22, 2003 - 53 - Item V-K. 6. PLANNING ITEM it 51092 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council DEFERRED to the City Council Session of June 1 O, 2003, apphcattons re VOICESTREAM GSM II, L.L.C. for MODIFICATION of Proffers Nos 1, 2, 4 and REVISE Proffer No 3 re a Change of Zonmg tn the apphcatton of Hubert L Dad and Mona H Datl from R-3 Restdenttal Dtstrtct to 0-1 Office Dtstrtct (approved by Ctty Counctl on February 9, 1981) and VOICE STREAM WIRELESS for a Condtttonal Use Permtt: Ordtnance upon Apphcatton ofVotceStream GSMII, L L C for modtficatton of proffers attached to a rezomng for Hubert L Dad and Mona H Dad approved by Ctty Counctl on February 9, 1981 Property ts located on the east stde of Ltttle Neck Road, 130feet more or less north of Poplar Bend (GPIN # 1488-92-4743) Satdparcel ts located at 864 Ltttle Neck Road and contatns 5 319 acres DISTRICT 5 - L YNNHA VEN AND, ORDINANCE UPONAPPLICA TION OF VOICE STREAM WIRELESS FOR A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATION FA CILITY/COMMUNICA TION TO WER Ordtnance upon Apphcatton of Votce Stream Wtreless for a Con&ttonal Use Permtt for a wtreless commumcatton facdtty/communtcatton tower on property located on the east side of Ltttle Neck Road, 130feet more or less north of Poplar Bend (GPIN # 1488-92-4 743) Satdparcel ts located at 864 Ltttle Neck Road and contatns 5 319 acres DISTRICT5 - L YNNHA VEN Vottng 8-0 (By Consent) Counctl Members Vottng Aye Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Ron A Vtllanueva and Rosemary Wtlson Counctl Members Vottng Nay None Council Members Abstatmng James L Wood Counctl Members Absent Jtm Reeve and Peter W Schmtdt Counctlman Wood ABSTAINED on, as he ts currently an acttve member of Ltttle Neck Swtm and Racquet Club, Inc , and has served on the Board of Dtrectors as well as Vice Prestdent Counctlman Wood tntttally negottated the lease in questton April 22, 2003 Item V-K. 7. - 54 - PLANNING ITEM # 51092 Upon motion by Vtce Mayor Jones, seconded by Councilman Maddox, Ctty Counctl ADOPTED an Ordtnance upon apphcatton of LAUNDRY/CARWASH USA for a Condtttonal Use Permtt ORDINANCE UPONAPPLICA TION OF LA UNDR Y/CAR WASH USA FOR A CONDITIONAL USE PERMITFOR A CARWASH R040331098 Ordtnance upon Apphcatton of Laundry~Carwash USA for a Condtttonal Use Permtt for a carwash on the northwest corner of Newtown Road and Cabot Avenue (GPIN146 7-29-3972) Satd parcel contatns 1 57 acres more or less DISTRICT 2 - KEMPSVILLE The followtng condtttons shall be requtred The development of the stte shall substanttally conform wtth the stte plan entttled "Concept Plan for Laundry/Car Wash USA" prepared by Gallup Surveyors and Engtneers and dated January 3, 2003 A copy of the stte plan exhtbtted to Ctty Counctl ts on file tn the Planntng Department The butldtngs shall substanttally conform to the rendertng entttled "Laundry/Car Wash USA" A color copy of the rendertng exhibited to City Counctl ts on file tn the Planntng Department Hours of operation for the car wash are hmtted to 8 O0 am to 10 OO pm seven days a week A manager for the car wash wtll be on-stte durtng all hours of operatton 4 Anyfreestandtng sign on the stte must be monument style, wtth a brtck or block base of a hght earth-tone color to match the butldtngs 5 The dumpster enclosure shown on the mteplan must be revtsed to be constructed of hght earth-tone block, stmtlar to the butldtngs Addtttonal shrubbery along the northern stde of the stormwater management facthty wtll be requtred on the detatled stte plan tn heu of landscape tslands tn the area contatntng ten parktng spaces wtth vacuums south of the car wash 7 No outstde speakers wtll be allowed 8 No posters, adverttsement or other stgnage ts to be &splayed tn the windows on the commerctal butldtng Aprt122, 2003 - 55 - Item V-K. 7. PLANNING ITEM # 51092 (Continued) All hghttngfixtures, to tnclude butldmg-mounted type, wtll be of appropriate hetght and design to prevent dtrect reflection and glare toward adjacent netghborhood A hghttng plan shall be provtded as part of the detaded site plan to be revtewed by the Crtme Preventton Office of the Pohce Department and the Planntng Department 10 The bmldtngs and block wall must be kept free of graffiti at all ames Thts Orchnance shall be effecttve tn accordance with Sectton 107 69 of the Zomng Ordtnance Adopted by the Counctl of the Cay of Vtrgtnta Beach, Vtrgtnta, on the Twenty-second of Aprd, Thousand Three Two Vottng 9-0 (By Consent) Councd Members Vottng Aye Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Ron A Vdlanueva, Rosemary Wtlson and James L Wood Councd Members Vottng Nay None Councd Members Absent dsm Reeve and Peter W Schmtdt Aprd 22, 2003 Item V-K. 8. - 56- PLANNING ITEM # 51093 Donald Maxwell, Director - Economic Development, advtsed there ts a pond at the rear of the structure and two easements adjacent to separate theseproperttes (30-foot dramage and 30-foot utthty easement) Proposed tn the prehmmary plans ts approximately a 75-foot wtde BMP adjacent to these easements for the majomty of the property Davtd Couch, Economtc Development Department, advtsed the butldtng (LtfeNeO wtll not be as htgh as the majority of home structures Roger Newtll, Archttect- LtfeNet, advtsed there wtll be landscaptng on the buffer Upon motion by Council Lady McClanan, seconded by Council Lady Wtlson, Ctty Counctl ADOPTED WITHADDED BUFFER, Ordmance upon apphcatton of City of Vtrgtnta Beach for a Condtttonal Change of Zoning O~INANCE UPON APPLICA TION OF CITY OF VIRGINIA BEA CH FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-SD RESIDENTIAL DUPLEX DISTRICT TO CONDITIONAL I-1 LIGHT INDUSTRIAL PROPER TY Z04032145 BE IT HEREBY O~AINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of Ctty of Vtrgtnta Beach for a Change of Zontng Dtstrtct Classtficatton from R-SD Restdenttal Duplex Dtstrtct to Condtttonal I-1 Ltght Industrtal Property located on the east stde of Prtncess Anne Road, north of Dam Neck Road and south of Concert Drtve (GPIN 14857371870000) The proposed zontng to Condtttonal I-1 ts for hght tndustrtal land use The Comprehenstve Plan recommends use of thts parcel for restdenttal land use at or above 3 5 dwelhng untts per acre Parcel contatns 21 5 acres DISTRICT 3 - ROSE HALL The followtng condttton shall be requtred 1 Agreement encompasstng theproffers shall be recorded wtth the Clerk of the Ctrcutt Court Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 O0 of the Zomng Or&nance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twenty-second of Aprtl, Thousand Three Two Aprt122, 2003 -57- Item V-K. 8. PLANNING ITEM # 51093 (Continued) Voting 9-0 Councd Members Vottng Aye Harry E Dtezel Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Ron A Vdlanueva, Rosemary Wdson and James L Wood Councd Members Vottng Nay None Council Members Absent d~m Reeve and Peter W Schmtdt Aprtl 22, 2003 FORM NO P $ 119 City o£ Virginia Reach In Reply Refer To Our File No. DF-5710 DATE: April 10, 2003 TO: FROM: Leslie L. Lilley ~ B. Kay Wilson~'~ DEPT: City Attorney DEPT: City Attorney Conditional Zoning Application City of Virginia Beach and LifeNet The above-referenced conditional zoning application is scheduled to be heard by the City Council on April 22, 2003. I have reviewed the subject proffer agreement, dated March 7, 2003, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure Prepared by Williams Mullen 900 One Columbus Center Virginia Beach, VA 23462 AGREEMENT THIS AGREEMENT, made this '"1'..~ -day of I~,~ ,2003, by and among the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("City"), the owner of a certain parcel of property located at Princess Anne Road and Concert Drive in Virginia Beach, Virginia, as described on EXHIBIT A attached hereto, and LIFENET, a Virginia non-profit corporation ("LifeNet"), the contract purchaser of the property (hereinafter collectively referred to as "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee")'. WITNESSETH: WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification from R-5D to Conditional I-1 on certain property which contains approximately 22.39 acres, more or less, located in the City of Virginia Beach, Virginia, which property is more particularly described in the attached Exhibit A (hereinafter the "Property"); and WHEREAS, the Property currently consists of two tax parcels of approximately 15.82 acres and 6.5 acres. Upon acquisition of either of the parcels constituting the Property by LifeNet, LifeNet shall succeed to all rights and obligations of the "Grantors" under this Agreement as to such portion of the Property, and the City shall have no further rights or obligations of a "Grantor" under this Agreement (but will retain all fights as the "Grantee") as to such portion of the Property conveyed to LifeNet; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed use purposes, through zoning and other land development legislation; and GPIN 1485-73-7187 WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned I-1 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing I-1 zoning district by the existing City's Zoning Ordinance ("CZO"), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW, THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction fi.om the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The Property shall be developed as an office, allografi tissue processing, distribution and warehouse complex, and shall be subject to the terms of that certain Purchase Agreement between LifeNet and Grantee to be executed upon LifeNet's acquisition of the Property, as such Purchase Agreement may be subsequently amended. 2. The buildings and other structures on the Property shall be developed consistent with the site plan, elevations, and rendering attached as exhibits to the Purchase Agreement (collectively, "Conceptual Plans"), which is on file with the City. The site and building design shall utilize and substantially adhere to the Conceptual Plans. Adherence to the Conceptual Plans shall be established through the procedure outlined in Proffer 7. 3. The primary exterior building materials utilized on the principal structures located on the Property shall consist of any combination of the following: brick, glass, metal, pre-cast concrete, or stone, and will be compatible with the public buildings located in the immediate vicinity. 4. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor parking lot lighting fixtures shall not be erected any higher than 20 feet. 5. The Property shall be used for offices, warehouse functions, distribution functions, accessory uses and allografi tissue processing. 6. At such time as improvements are constructed on that approximate 6.5-acre parcel adjacent to the intersection of Princess Anne Road and Concert Drive, which is part of the Property, the owner of such parcel will accent with landscaping the comer of the Property at the intersection of Princess Anne Road and Concert Drive. 7. LifeNet will submit to the City's Director of Planning all site, landscaping and architectural plans (the "Plans") for the development of the Property for review and approval to confirm conformance of the Plans with these Proffers prior to the issuance of any development permits during the life of the project. If the Director of Planning does not approve the Plans, the reasons therefor shall be clearly and specifically set forth in writing so that the objections may be addressed and resolved. If the Director of Planning and LifeNet cannot resolve any such objections, LifeNet shall have the fight to appeal the objections of the Director of Planning to the City Manager or his designee. Likewise, if the objections cannot be resolved with the City Manager or his designee, LifeNet will have the fight to appeal the objections to City Council. All approvals by the City shall be at its reasonable discretion, and the City's approval or specific objections shall be delivered to LifeNet no later than thirty (30) days after submission of the Plans or request for review by the City Manager or the City Council. LifeNet shall make any such request for review after the final opinion is rendered by the Director of Planning or the City Manager as applicable. The City shall also impose a restriction on the Property and the Option Parcel prohibiting any resubdivision of the Property or the Option Parcel without the prior written consent of the City, which consent shall not be unreasonably withheld. The foregoing requirements and restriction shall be included in the deed of conveyance of the Property and the Option Parcel to LifeNet. Further conditions mandated by applicable development ordinances may be required by the Grantee during detailed Site Plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional rezoning amendment is approved by the Grantee. The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the names of the Grantors and Grantee. [SIGNATURES BEGIN ON NEXT PAGE] WITNESS the following signatures, thereunto duly authorized: GRANTOR: LIFENET, a V~on By: ~ (Priflted Name and Title) COMMONWEALTH OF VIRGINIA CITY/COUNTY OF ~J[,/1. (~_/u_ c., fD f~.6Zto-wit: The foregoing instrument was acknowledged before me this "~'x/*X-day of b~(j~ ~_ t~,_ , 2003, by Patrick Thompson , Vice President of LifeNet, a Virginia non-profit corporation, on its behalf. He/She is personally known to me or has produced N/A as identification. My commission expires: [SIGNATURE PAGE TO AGREEMENT] GRANTOR AND GRANTEE: [SEAL] ATTEST: "~iiy i21erk CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia B y:Ec~~i~Mty g g ty ana ger COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ~ day of -~'~L~a, CA ,2003, by ~)~.zce~C '7~''ff~d~ ,_.S~ , ~4~ Mana~.-~ee/D, esignee of the City Manager of the City of Virginia Beach, on its behalf. ~_~JShe is personally known to me or has produced as identification. My commission expires: Nota~'y Public COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The Beach, on foregoing instrument, was acknowledged before me this /'/'r~day of ,2003, by ~-~x_,~, , city Clerk of the City of Virginia its behalf. He/She is ~ersonally known to me or has produced as identification. - ~o[~3~ublic My commission expires: 6600850058/#386915 vi - hfenct proffers- final EXHIBIT A Purchase parcel: ALL that certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia and designated and described as "PARCEL 4 (Purchase Parcel) Area 15.82 Acres", as shown on the plat entitled "EXHIBIT SHOWING EXCESS PROPERTIES TO BE CONVEYED TO LIFENET BY THE CITY OF VIRGINIA BEACH, VIRGINIA" dated January 13, 2003, and attached hereto as Exhibit A. Option Parcel: ALL that certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia and designated and described as "PARCEL 5 (Option Parcel) Area 6.57 Acres", as shown on the plat entitled "EXHIBIT SHOWING EXCESS PROPERTIES TO BE CONVEYED TO LIFENET BY THE CITY OF VIRGINIA BEACH, VIRGINIA" dated January 13, 2003, and attached hereto as Exhibit A. EXHIBIT A PARCEL 2 / / E.~ng [ J PARCEL 3 /-'Pump Station ].1 ! -- -- -- gl . /'..~ :- ~ - ----_ _~ <'~ - I ' ~ .... ' 1 P~C~ 6 EXCESS BY THE CITY OF VIRGINIA BEACH, VIRGINIA SC~: 1"=200' JANUARY 1D, 200.3 PREPARED BY: REVISED: F'Et3RUARY 27, 2003  ROUSE--SlRINE ASSOCIATES, LTD. ~glJ~RS AND MAPPING' CON51.1LTAN'l'S :S33 OFFIOE SQUAI~ LANE VIRGINIA BE. At:31-1, VIR~NIA 2..344S2 TEL (757)4go-2..'.'.'.'.'.'.'.'.~to'm.w. rmjse-sir~e.c~m 03/07/03 FRI 11'22 [TX/ILl NO 7433] - 58- Item V-K. 9. PLANNING ITEM # 51094 Upon motion by Vtce Mayor Jones, seconded by Counctlman Maddox, Ctty Counctl ADOPTED Ordtnance to AMEND 393g 105, 106, 107, 108, 221, 1405 and 1605 of the Ctty Zoning Ordtnance (CZO), pertatntng to wrttten nottce and posttng of stgns for apphcattons . Votmg 9-0 (By ConsenO Counctl Members I/ottng Aye Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyers E Oberndorf, Ron A Vtllanueva, Rosemary Wilson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent dim Reeve and Peter W Schmtdt Aprt122, 2003 1 REQUESTED BY COUNCILMEMBER MARGARET L. EURE AN ORDINANCE TO AMEND SECTIONS 105, 106, 107, 108, 221, 1405 AND 1605 OF THE CITY ZONING ORDINANCE, PERTAINING TO WRITTEN NOTICE AND POSTING OF SIGNS FOR REZONING AND OTHE9 APPLICATIONS Sections Amended- City Zoning Ordinance Sections 105, 106, 107, 108, 221, 1405 and 1605 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That Sections 105, 107, 108, 221, 1405 and 1605 of the City Zoning Ordinance are hereby amended and reordained to read as follows- Sec. 105. Nonconformity. (d) Enlargement or extension of nonconformity. No nonconforming use shall be increased in magnitude. No nonconforming use shall be enlarged or extended to cover a greater land area than was occupied by the nonconformity on thc, effective date of this ordinance or amendment thereto. No nonconforming use shall be moved in whole or in part to any other portion of the lot, parcel, or structure not occupied by the nonconformity on the effective date of this ordinance or amendment thereto, and no nonconforming structure shall be moved at all except to come into compliance with the terms of this ordinance. No nonconforming structure shall be enlarged, extended, reconstructed, or 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 structurally altered, if the effect is to increase the nonconformity. As an exception to the above, any condition of development prohibited by this section may be permitted by resolution of the city council based upon its finding that the proposed condition is equally appropriate or more appropriate to the district than is the existing nonconformity. City Council may attach such conditions and safeguards to its approval as it deems necessary to fulfill the purposes of this ordinance. Applications for the enlargement, extension or relocation of a nonconforming use or structure shall be filed with the planning director. The application shall be accompanied by a fee of one hundred twenty-five dollars ($125.00) to cover the cost of publication of notice of public hearing and processing. Notice shall be given as provided by Section 15.2-2204 of the Code of Virginia; provided, however, that written notice as prescribed therein shall be qiven at least fifteen (15) days prior to the hearinq. A sign shall be posted on the site in accordance with the requirements of section 108 of this ordinance. 46 47 48 49 50 51 (e) (1) Conversion of a nonconforming use to another use. No nonconforming use shall be converted to another use which does not conform to this ordinance except upon a resolution of the city council authorizing such conversion, based upon its finding that the proposed use is equally appropriate or more appropriate to the 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 district than is the existing nonconforming use. In the resolution authorizing such change, the city council may attach such conditions and safeguards to its approval as it deems necessary to fulfill the purposes of this ordinance. When any nonconforming use is converted to another use, the new use and accompanying conditions of development shall conform to the provisions of this ordinance in each respect that the existing use conforms, and in any instance where the existing use does not conform to those provisions, the new use shall not be more deficient. Any such use authorized by the city council shall thereafter be subject to the provisions of this section and to any conditions or restrictions attached by the city council. Applications for the conversion of a nonconforming use or structure shall be filed with the planning director. The application shall be accompanied by a fee of one hundred twenty-five dollars ($125.00) to cover the cost of publication of notice of public hearing and processing. Notice shall be given as provided by Section 15.2-2204 of the Code of Virginia; provided, however, that written notice as prescribed therein shall be given at least fifteen (15) days prior to the hearinq. A sign shall be posted on the 75 site in accordance with the requirements of section 108 76 77 of this ordinance. 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 Sec. 106. Appeals and variances. (a) The board of zoning appeals shall hear and decide appeals from any order, requirement, decision, or determination made by an administrative officer in the administration or enforcement of this ordinance. An appeal shall be filed with the zoning administrator, and include the grounds of appeal, within thirty (30) days of the date of the decision appealed, unless the notice of violation involves temporary or seasonal commercial uses, parking of commercial trucks in residential zoning districts, or similar short-term recurring violations, in which case the appeal period is ten (10) days from the date of the notice of violation. Ail decisions not timely appealed shall be final and unappealable. In addition thereto, the board shall have such other powers and duties as are set forth in Section 15.2-2309 of the Code of Virginia; provided, however, that the board shall have no authority to hear and decide applications for conditional use permits, and provided further, that written notice as prescribed in Section 15.2-2204 of the Code of Virginia shall be qiven at least fifteen (15) days prior to the hearing before the board. 98 Sec. 107. Amendments. 99 100 101 102 103 104 105 106 · · · · (c) Planning commission action; notice of hearing. Before making any recommendation on a proposed amendment, the planning commission shall give notice of a public hearing thereon, as set forth in Section 15.2-2204 of the Code of Virginia, as amendedl provided, however, that written notice as prescribed therein shall be given at least fifteen (15) days prior to the hearing. 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 Sec. 108. Posting of signs relating to applications for rezonmng, etc. (a) In any case in which a property owner or other authorized person petitions the city council for the approval of any application seeking a rezoning, conditional use permit, approval of a PD-H1 or PD-H2 land use plan, resolution pertaining to a nonconforming use or structure, subdivision or floodplain variance or reconsideration of conditions, the applicant shall erect, on the property which is the subject of the application, a sign of a size, type and lettering approved by the planning director. One such sign shall be posted within ten (10) feet of every public street adjoining the property or in such alternate location or locations as may be prescribed by the planning director. Such sign shall be erected not less than fifteen (15) thirty (30) days before the planning commission hearing, or if none, the city counczl hearing, 5 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 and shall state the nature of the application and date and time of the hearing. Such signs may not be removed until the city council has acted upon the application, and shall be removed no later than five (5) days thereafter. In any case in which the planning commission or city council determines that the requirements of this section have not been met, the application shall be deferred; provided, however, that the city council may, for any other appropriate reason, deny such application. (b) Applications before the board of zoning appeals shall be subject to the requirements of subsection (a) hereof. Any application in which such requirements have not been met may be deferred or denied by the board. Sec. 221. Procedural requirements and general standards for conditional uses. (d) Action by the planning commission. After receiving the report of the director, with all pertinent related material, the planning commission shall give notice of and hold a public hearing in accordance with applicable provisions of Virginia Code Section 15.2-2204; provided, however, that written notice as prescribed therein shall be given at least fifteen (15) days prior to the hearing. Within forty-five (45) days after the hearing, the commission shall submit its recommendations to the city council through the planning director; provided, however, that upon mutual 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 agreement between the commission and the applicant, such time may be extended. (h) Revocation of conditional use permit. If the provisions of this ordinance or the requirements of the conditional use permit are not met, the city council may revoke the conditional use permit after notice and hearing as provided by Virginia Code Section 15.2-2204; provided, however, that written notice as prescribed therein shall be given at least fifteen (15) days prior to the Sec. 1405. Public hearing procedure on permit applications [wetlands permit applications]. Not later than sixty (60) days after receipt of a complete application, the Wetlands Board shall hold a public hearing on such application. The applicant, the city council, the commissioner, the owner of record of any land adjacent to the wetlands in question, known claimants of water rights in or adjacent to the wetlands in question, the Virginia Institute of Marine Science, the Department of Game and Inland Fisheries, the Virginia Water Control Board, the Department of Transportation and any governmental agencies expressing an interest therein shall be notified of the hearing. The Board shall mail such notices not less than twenty (20) days prior to the date set for the hearing. The Board shall also cause notice of the hearing to be published at least once a hearinq. 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 week for two (2) weeks prior to such hearing in a newspaper of general circulation in the City of Virginia Beach. The published notice shall state that copies of the application may be examined in the planning department. The costs of such publication shall be paid by the applicant. The applicant shall also erect, on the property which is the subject of the hearing, a sign of a size, type and lettering approved by the board. One such sign shall be posted within ten (10) feet of every public street adjoining the property, and within ten (10) feet of any body of water or waterway less than five hundred (500) feet wide adjoining the property or in such alternate location or locations as may be prescribed by the planning director. Such sign shall be erected not less than fifteen (15) thirty (30) days before the Wetlands Board hearing and shall state the nature of the application and date and time of the hearing. Such signs shall be removed no later than five (5) days thereafter. In any case in which the Wetlands Board determines that the requirements of this section have not been met, the application shall be deferred or denied. 191 192 193 194 195 Sec. 1605. Public hearing procedure on permit applications [coastal primary sand dune permit applications]. Not later than sixty (60) days after receipt of a complete application, the Wetlands Board shall hold a public hearing on the application. The applicant, city council, commissioner, owner of 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 record of any land adjacent to the coastal primary sand dunes in question, the Virginia Institute of Marine Science, the Department of Game and Inland Fisheries, the State Water Control Board, the Department of Transportation and any governmental agency expressing an interest in the application shall be notified of the hearing. The Board shall mail these notices not less than twenty (20) days prior to the date set for the hearing. The Board shall also cause notice of the hearing to be published at least once a week for two (2) weeks prior to such hearing in the newspaper having a general circulation in the City of Virginia Beach. The costs of publication shall be paid by the applicant. The applicant shall also erect, on the property which is the subject of the hearing, a sign of a size, type and lettering approved by the board. One such sign shall be posted within ten (10) feet of every public street adjoining the property, and within ten (10) feet of any body of water or waterway less than five hundred (500) feet wide adjoining the property or in such alternate location or locations as may be prescribed by the planning director. Such sign shall be erected not less than fifteen (I$) thirty (30) days before the Wetlands Board hearing and shall state the nature of the application and date and time of the hearing. Such signs shall be removed no later than five (5) days thereafter. In any case in which the Wetlands Board determines that the requirements of this section have not been met, the application shall be deferred or denied. 220 221 222 223 224 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That this Ordinance shall not apply to any application, otherwise subject to the provisions hereof, filed prior to the date of adoption of this Ordinance. 225 226 Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day of April, 2003. CA-8753 wmm\ordres \post signordinwpd February 10, 2003 R-2 10 - 59- Item V-K. IO. PLANNING ITEM # 51095 NO ACTION NECESSAR Y: Ordtnance to AMEND 3~ 901 of the Ctty Zontng Ordtnance (CZO) to tnclude pubhc or prtvate colleges and untverstttes tn the B-2, B-3, B-3A, and B-4 Bustness Dtstrtcts Thts ttem was deferred by the Planmng Commtsston to thetr next meettng (May 2003) Aprtl 22, 2003 - 60 - Item V-M. 1. APPOINTMENTS ITEM # 51096 BY CONSENSUS, City Counctl RESCHEDULED the followtng APPOINTMENTS MINORITY BUSINESS CO UNCIL PARKS AND RECREATION COMMISSION THE PLANNING COUNCIL VIRGINIA BEA CH COMMUNITY DEVELOPMENT AUTHORITY (VBCDC) Aprtl 22, 2003 Item V-N. 1. - 61 - NE W BUSINESS ITEM It 5109 7 B Y CONSENSUS, City Clerk to record: ABSTRA CT OF CIVIL CASES RESOLVED - March 2003 ~4prtl 22, 2003 Item V-P. AD JO URNMENT ITEM # 51098 Mayor Meyera E Oberndorf DECLARED the Ctty Council Meeting ADJOURNED at 7:45 P.M. Hooks, CMC Chtef Deputy Ctty Clerk Ctty Clerk Meyera E Oberndorf Mayor Ctty of Vtrgtnta Beach Vtrgtnta Aprtl 22, 2003