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Home My WebLink AboutAPRIL 23, 2002 MINUTESCi CITY COUNCIL MAYOR MEYERA E OBERNDORE At-Large VICE MAYOR WILLIAM D SESSOMS, JR, At-Large LINWOOD 0 BRANCH, 1II, Beach -Dtstrtct 6 MARGARET L EURE, Centervdle -Dtstrtct 1 WILLIAM W HARRISON, JR, Lynnhaven -Dtstrtct 5 BARBARA M HENLEY, Pnncess Anne - Dtstrwt 7 LOUIS R JONES, Baystde -Dtstrtct 4 REBA S McCLANAN, Rose Hall -Dtstrtct 3 ROBERT C MANDIGO, JR, Kempsvtlle - District 2 NANCY K PARKER, At-Large ROSEMARY WILSON, At-Large JAMES K SPORE, City Manager LESLIE L LILLEY, Ctty Attorney RUTH HODGES-SMITH, MMC, Ctty Clerk of r inia Beach "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA CITY HALL BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE (757) 427-4304 FAX (757) 426-5669 EMAIL Ctycncl@ cay wrgmm-beach va us April 23, 2002 CITY COUNCIL BUDGET WORKSHOP - Conference Room- FY 2002-2003 Resource Management Plan I:00PM II. CITY MANAGER'S BRIEFINGS - Conference Room - 3:00PM A g. Jamestown 2007 Celebration C. Mac Rawls, Chatr Vehicle Decals Patti Phllhps, Director, Finance Department III REVIEW OF AGENDA ITEMS IV CITY COUNCIL COMMENTS V. INFORMAL SESSION - Conference Room - 5:00PM A CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI FORMAL SESSION - Council Chamber- 6:00 PM A CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Jack Smith First Church of the Nazarene C PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES . INFORMAL AND FORMAL SESSION April 9, 2002 G. AGENDA FOR FORMAL SESSION H MAYOR'S PRESENTATION 1. PROCLAMATION a. Special Olympics Day- May 4, 2002 I. PUBLIC HEARING 1 Real Property Tax Increase proposed for Annual Assessments J PUBLIC HEARINGS o Personal Property Tax Increase Proposed Privately Owned Pleasure Boats 2. FY 2002-2003 Resource Management Plan - Operating Budget 3. FY 2002-2003 Resource Management Plan - Capital Budget 4 General Obligation Bonds Proposed Issuance $ 59,300,000 5 Water and Sewer Ut~hty Revenue Bonds Proposed Issuance $ 6,93O,OOO K PUBLIC COMMENT PERIOD 1. 31 st Street ProJect L. ORDINANCES 1 Ordinances to AMEND the City Code a. § 23-58 re commercial parking lots in Resort Tourist D~stncts c. §§6-16 1, 6-109, 6-110 andADD § 6-121.2 re personalwater craft . Ordinance to AMEND the City's open air caf6 regulations ~ncreaslng franchise fees based on caf6 category; and, to clarify and define physmal and operational crttena for the cafes o Ordinance to ACCEPT and APPROPRIATE a $25,000 grant from Lowe's Home Safety Councd to the Fire Departments's FY 2001-2002 operating budget re new displays for the Vlrglma Manne Science Museum and estimated revenues be ~ncreased accordingly M. RESOLUTIONS . Resolution re proposed Amendments to §§ 111, 1501, 1511, and 1521 of the City Zoning Ordinance (CZO) defining "Temporary Commercial Parking Lots", establishing temporary commercial parking lots as a pnnclpal use in the RT-1, RT-2 and RT-3 Resort Tourist Districts; and, the planning Commission to make their recommendation to City Council within (60) sixty days. Resolution to AUTHORIZE and promulgate Amendment No. 6 to the Public Works Specifications and Standards manual. Resolution supporting the use of alternative fuel vehicles and the Hampton Roads Clean Cities Coalition in it's regional efforts to promote the use of alternative fuels for transportation. N PLANNING Application ofRJP, LLC. for a Converston ofa Non-Conformtng Use to renovate the existing duplex into a single family home at 202 87th Street, containing 7,500 square feet. DISTRICT 5 - LYNNHAVEN Recommendation: APPROVAL . Apphcatlon of JOHN C. ATKINSON for the enlargement of a non-conforming office use on Lot 12, Block 3, Ubemeer, at 5307 Atlantic Avenue, containing 6,625 square feet. DISTRICT 5 - LYNNHAVEN. Recommendation: APPROVAL . Application of SPRING BRANCH COMMUNITY CHURCH for a Conditional Use Permit for a church expansion on the east side of N. Great Neck Road, north of Harbor Lane (1500 N. Great Neck Road), containing 9.11 acres. (DISTRICT 5 - LYNNHAVEN) Recommendation' APPROVAL . RECONSIDERATION. Application of PRINCESSBORO DEVELOPMENT COMPANY, INCORPORATED for a Condtttonal Use Permit re a borrow pit on the south side of Sandbndge Road, east of Pnncess Anne Road, containing 64 911 acres (PRINCESS ANNE- DISTRICT 7) Deferred' Withdrawn' January 22, 2002 March 26, 2002 o Application of CHARLES F. BOWDEN for a Change of Zoning District Classification from R-30 Residential District to Conditional R-20 Residential District on the west side of Wakefield Drive, south of Delray Drive on Parcel A, Section 8, Part 4, Thoroughgood. (DISTRICT 4- BAYSIDE) Recommendation: DENIAL . Application of BANBURY LAKE VILLAGE COMPANY, L.L.P., for a Change of Zoning District Classification from B-2 Community Business District to A-18 Apartment District, south of Old Providence Road containing 15,941.96 square feet (DISTRICT 1 - CENTERVILLE) Recommendation. APPROVAL O. APPOINTMENTS: COMMUNITY SERVICES BOARD EASTERN VIRGINIA MEDICAL SCHOOL VIRGINIA BEACH HEALTH SERVICES ADVISORY BOARD P. UNFINISHED BUSINESS Qo NEW BUSINESS 1. ABSTRACT OF CWIL CASES RESOLVED - March 2002 R ADJOURNMENT If you are physically d~sabled or visually ~mpmred and need assistance at th~s meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing ~mpalred, call TDD only 427-4305 (TDD - Telephomc Dewce for the Deaf) 04/18/02slb AGENDA\04/23/02 www vbgov eom I 2002-2003 RESOURCE MANAGEMENT PLAN SCHEDULE - BUDGET ,, . ; Council Workshop Reconclhatlon of outstanding resource ~ssues Councd Conference May 9th room 3 PM Adoption of FY 2002-2003 City Council Vote on Resource Management Plan Council Chamber May 14 Resource Management 6 PM Plan (will include Pubhc Hearing) .. i MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia Aprd 23, 2002 Mayor Meyera E Oberndorf called to order the BUDGET WORKSHOP tn the Ctty Councd Conference Room, Ctty Hall Buddtng, on Tuesday, Aprtl 23, 2002, at 1 O0 P M Counctl Members Present Margaret L Eure, Barbara M Henley, Reba S McClanan, Robert C Mandtgo, Jr Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Absent Vtce Mayor Wdham D Sessoms, Jr Ltnwood 0 Branch, III Wdham W Harrtson, Jr [out of ctty on bustness] [Entered 1 20 P M] [Entered 1 30 P M] Louts R Jones [Entered 2 O0 P M] -2- CITY MANA GER 'S BRIEFING BUDGET WORKSHOP 1:00 P.M. ITEM # 49531 Catheryn Whttesell, Dtrector of Management Servtces, advtsed thts portton of the Budget Workshop focuses on the areas of Operattonal Support (Human Resources), Safe Community and Family and Youth Opportunities. Mayor Oberndorf ANNOUNCED the death of a very great lady, Phyllis Millette, former Dtrector of Human Resources, for the Ctty of Vtrgmta Beach The Mayor requested a Moment of Stlence tn honor of her memory Mr Fagan Stackhouse, Dtrector of Human Resources, advtsed he sought her counsel many ttmes and she wtll be sorely mtssed Mr Stackhouse advtsed hts budget entatls $3,660,889, whtch ts 0 30% of the total budget A Workforce Planntng and Development Commtttee (WPDC) was formed and has been worktng together for nearly one year tn an effort to develop a blueprtnt of how the ctty wtll attract and retatn valuable, quahty employees tn the future Human Resources had estabhshed a Workforce Planning Model The Human Resources Department has a responstbthty of addresstng Human Rtghts Issues wtth the Human Rtghts Commtsston and Commumty The Department wtshes to contmue the work to promote soctal, cultural and tntergroup harmony Thts wtll cause the request tn the future for addmonal resources for forums The Ctty ts ajotnt partner wtth the Schools tn the purchase ora new Human Resources/payroll computer system Contracts have been negotiated tn which the pubhc schools wtll be the first to implement the new system gtven thetr more presstng needs The school tmplementatton ts scheduled to be completed by June 2002 The Ctty wtll follow the successful tmplementatton of schools wtth a project begmnmg tn FY 2002- 2003 The Ctty 's portton of the project ts esttmated to take 18-24 months at a cost of $3.5-MILLION The project wtll provtde both organtzattons wtth new commerctal "off the shelf" software gtvtng them the abthty to integrate and comprehenstvely manage tnformatton on human resources, payroll, compensatton pIans and benefits Included tn the City/School Human Resources/PayrollSystem ts $300,000 topurchase a database system (Human Resources Automated Application/Skills ManagemenO that wtll tmprove matchtng apphcants to postttons This wtll mcrease the number of postttons filled wtthtn a 30 to 60 day pertod from 67% to 85%, enable approxtmately one-thtrd ora Personnel Analyst's ttme to be reallocated to other tasks, and, reduce the number of times an apphcant needs to submtt an apphcatton Human Resources ts worktng to create a competitive total compensation program whtle addresstng pay compression and rising health care costs A presentatton was gtven to Ctty Counctl on February 5, 2002, to provtde them compensation strategtes to address the tssues The FY 2002-03 tncludes the first year of a three year Compensatton Plan to address these tssues The staff beheves the market has cooled down stgmficantly The consultants have advised a market based study could now be conducted every three years If the Ctty commences a market based study every two years, Mr Stackhouse beheves the area ctttes would also look at thts stmtlarly Compression Adjustments At-A-Glance Current Salary FY 02/03 FY 02/03 Year 1 - $200 each yr tn tttle FY 03/04 Year 2 - AdJust up to the mtdpotnt FY 04/05 Year 3-33% of Market Adjustment Employee A 3 Years tn Tttle $ 30,000 30,000 32,993 33,537 Employee B 7 Years tn Tttle $ 30,000 31,400 36,503 37,105 Aprtl 23, 2002 -3- CITY MANA GER 'S BRIEFING BUDGET WORKSHOP ITEM # 49531 (Continued) Health Care Annual Contributions Effecttve Date Ctty Employee Only (Most Cost-Effecttve Plan) 1/1/02 $ 2520 $ 390 7/1/02 $ 2715 $ 195 1/1/03 $ 3155' $ 195 7/1/03 $ 3350 $ 0 *estimated 15% increase tn health care costs Relattve an tncrease tn Health Care Coverage from $2, 715 to $2,910 on duly 1, 2002 In order to matntam the Ctty and School's plan to absorb the anttctpated 15% tncrease tn the cost of the plans expected tn danuary 2003, the Ctty would need an ad&ttonal $958,000 TOTAL COMPENSATION 3 Year Plan This reflects implementation and additional costs over three years of the recommendation. Year FY Compensation Elements Cost 1 2002/03 -Compresston AdJustments ($200 per year tn tttle up to 7years) - Structural AdJustment* - Pro-rated Mertt Increases - Work toward meettng goal of covermg the employee-only cost of the most cost-effecttve health plan - 7/1/02 Increase ctty contrtbutton by $195 - 1/1/03 Increase ctty contrtbutton to cover esttmated 15% tncrease tn health care cost -Mertt Increases** 3 I/2% Total $ 650 mtlhon $ 3 mtlhon $1 mtlhon $ 1 45 mtlhon 3 50 mtthon $6.0 million 2 2003/04 -Compresston AdJustment to the Mtdpotnt - Pro-rated Mertts 7/1/03 Meet goal of covermg employee- only cost of most cost-effecttve health plan - 1/1/04 Increase ctty contrtbutton to cover esttmated 15% increase tn health care cost -Mertt Increases** $ 2 2 mtlhon $ 1 mtlhon $27 .... TBD .... Total $5. O mtlhon million April 23, 2002 Year -4- CITY MANA GER 'S BRIEFING BUDGET WORKSHOP ITEM # 49531 (Continued) FY Compensation Elements Cost 2004/05 - 33% Compresston Adjustments $1 5 - Structural AdJustments* $ 3 - Pro-rated Mertt Increases $ 1 - Cover 100% of the employee-only cost of most cost-effecttve health plan*** mtlhon mtlhon mtlhon $ 2 6 mtlhon -Mertt Increases** .... TBD .... - Total Compensatton (benefit chotces) Total .... TBD .... $ 4. 5-Million Assumes 2% Structural AdJustment Amount to be determtned Each percent equals approxtmately $1-Mtlhon and $ 5-Mtlhon tn rollover cost Assumes I5% tncrease tn health care costs tn new plan year To make the mertt 4-~%, this wouM equate to an additional SI-MILLION, with a roll over effect of another $1/2-MILLION Susan Walston, Chtef of Staff advtsed Ninety-five percent (95%) of the employees are effected by the merit increase Health care affects eightypercent (80%) of the employees. When this cost is fully covered for the employee, this percentage may increase Sixty percent (60%) of the employees are impacted by compression Through focus groups and surveys, the most recent ranktng addressed health care, compresston and then mertt Employees have also stated thetr wtlhngness to absorb anythtng to avotd layoffs There ss no one tndtvtdual that Mrs Walston beheves speaks for all the employees rather certatn groups There ls probably a stlent group of the majortty, who do not have a spokesperson on thetr behalf but have responded through the I I O0 surveys and the slx (6)focus groups conducted and have commented tn the past A value cannot be placed on the City's "no layoff policy" The Ctty Manager advtsed relative the mertt increases of netghbortng muntctpahttes Chesapeake 0 % Hampton 1 to 5% (majority receiving 3%) Newport News 3 % Norfolk TBA Portsmouth TBA Suffolk 4 1/2 % Virginia Beach 3 1/2% Mayor Oberndorf advtsed Chesapeake ss revtewtng the posstbdtty of reducing thetr workforce by seventy (70) employees. The Ctty Manager advtsed the Constttuttonal Officers are under our health system Mrs Whttesell advtsed the State compensates the Ctty wtth health care payments equal to what they would payfor thetr employees health care A Budget Workshop shall be scheduled for April 30, 2002, at 1:00 P.M. to complete the balance of the toptcs Quality Physical Environment Safe Community Family and Youth Opportunities Policy and Decision Support Aprt123, 2002 -5- CITY MANAGER'S BRIEFING JAMESTOWN 2007 CELEBRATION 3:05 P.M. ITEM # 49532 C Mac Rawls, Chart, advtsedFrtday, Aprt126, 2002, wtll be the 395th Anniversary of the Landing at Cape Henry. The first colomsts who came to Vtrgtnta dedtcated the land on Aprtl 26, 1607 Mr Rawls was tasked wtth the formatton of thts celebratton He selected volunteers from vartous Ctty departments Thts was tntttally &scussed to be a small pageant on the beach Thts tdea dtd not last long There was a need to expand the group beyond the Ctty departments Every htstory group tn the Ctty, as well as vamous communtty groups, was requested to parttctpate tn the formatton of the celebratton By the fifih meettng, thtrty-five (35) representattves from vartous groups were tn attendance, rangmgfrom the Vtrgmta Beach Htstortcal Soctety to the Order of Cape Henry, Ftrst Landtng State Park, business communtty representattves, Chamber of Commerce and Vtrgtnta Beach Vtstons Thts expanded commtttee wtll also encompass mthtary representattves tn the future The present and past Commandmg Officer of Fort Story are now representattves There ts a strong statewtde effort The Jamestown/Yorktown Foundation has been destgnated as the potnt group for the State of Vtrgtnta tn organtztng acttvtttes whtch wtll take place throughout the Commonwealth, most spectfically tn Jamestown The Foundatton has May 13th as thetr Anmversary and wtll have a commemoratton acttvtty with the hope for attendance by members of the Royal famdy The General Assembly has tncreased the car regtstratton tax and porttons of thts mcrease wtll be utthzed to fund Commemorattve acttvtttes The Anntversary ts envtstoned as an event whtch wtll tnvolve the ctttzens of Vtrgmta Beach and thetr htstory, tnsptrtng them to share thts history wtth others, not only commemorating 1607, but all 400years of the history of this Ctty The "worktng tttle" of the event ts proposed as "The Virginia Beach/Jamestown 400tn Anniversary - 1607 to 2007". The occaston wtll be utthzed not only to commemorate the First Landing in 1607, but also to tmpart tnformatton about Vtrgmta Beach's htstory over the last four hundred years, as well as to denote tts current accomphshments and potenttal for the future Vtrgtnta Beach's htstortc houses atded by htstortcal soctettes, local colleges, untverstttes and Vtrgtnta Beach schools wtIl conduct a sertes of programs to examtne each of the four centuries of the City's history and contemplate recurrmg themes such as government, ctvtl rtghts, economics, et cetera, as they have extsted over the course of ttme Not everythtng that occurred durtng thts 400 years are cause for celebratton (t e slavery and Nattve Amertcans have tssues concerntng fatr treatment durtng colomzatton) The event wtll encompass all elements of our Ctty mthtary and busmess commumty, as well as recogmze the multi-cultural makeup of our Ctty and tts htstory The group ss endeavortng to have multi-cultural representatton on the plannmg group Ohver Perry, Chtef Emerttus of the Nansemond Indtans, ts a valuable member of the plannmg effort In Aprtl 2007, the celebratlon committee hopes to include a vtstt by Jamestown's three ships, at whtch ttme, the landtng at Cape Henry wtll be reenacted as well as the exploratton by small boats of the Lynnhaven Rtver Mr Rawls does not beheve many are aware that when the ships landed, they did notjust land, erect the cross and leave The group stayed for three weeks and explored the surroundmg countrystde They went by small boat up the Lynnhaven Rtver, checktng tt out as a potenttal stte for the First Colony As a part of the reenactment, a crutse up the Lynnhaven Rtver ts envtstoned, stoppmg at "key" htstortcalpomts Ferry Farm, Thoroughgood House and others Thts wtll be a festtval to celebrate Virginia Beach's past, future and present Wherever posstble, acttvtttes of new development such as Town Center, Pavilion expanston, completton of Shore Drive, wtll be showcased tn the celebratton of our great Ctty Aprtl 23, 2002 -6- CITY MANAGER'S BRIEFING JAMESTOWN 2007 CELEBRATION ITEM # 49532 (Continued) Mr Rawls advtsed a Resolutton wtll be SCHEDULED for the Ctty Counctl Sesston of May 14, 2002, requesting the appointment of a Steering Committee to coordinate the acttvtttes of The Virginia Beach/Jamestown 400tn Anniversary - 160 7 to 200 7',. Mayor Oberndorf requested Mr Rawls Chair thts Steering Committee Mayor Oberndorf ls confident each member of Ctty Counctl wtll brtng hts or her recommendattons relattve proposed members Mayor Oberndorf beheved there are ideas concermng a permanent structure at Fort Story or Ftrst Landing near the Cross to deptct the htstory of the Ctty Counctl Lady Wtlson advtsed an educattonal center ss betng built at the Lynnhaven House Thts center could be utthzed for the celebratton of the Anmversary Mr Rawls advtsed the Admtmstrator of the Lynnhaven House ss a representative tn the formatton of the celebratton The members have contemplated the suggestton and st has been fatrly well recetved Each of the htstortc houses would take one hundred (100) years for the four hundred (400) years of htstory Thoroughgood (1600), (Lynnhaven (1700's), Francis Land (1800's), and old Coast Guard Station (1900's) Counctl Lady Eure referenced Morning Star Baptist Church ss one of the oldest churches and ss interested tn parttctpattng Kemps Rtver was aport for shtpptng Council Lady Eure suggested commerce be mcluded Mr Rawls beheves the untverstttes and school systems would asstst wtth semtnars Counctl Lady Henley advtsed she has had the prtvttege of attendtng the majortty of the meettngs for thts celebratton group, all of whom are volunteers Counctl Lady Henley referenced the video of the story of the creation of Vtrgmta Beach This story of the merger ss sttll owned by Cox and she hopes the Csty will gam permtsston to utthze thts tape durmg the celebratton Mayor Oberndorf advtsed Ivan Mapp, former Commtsstoner of Revenue, was deptcted tn the merger These htstortcal opportuntttes need to be htghhghted and shared John Stewart was the contact with Cox Cable Counctlman Man&go suggested thts celebratton be documented byfilm and perhaps pursue a National Geographic grant People cannot attend all the different events Mr Rawls advtsed representattves from Ltbrartes, Economsc Development and the Central Bustness Dtstrtct and a Parks and Recreatton representattve ss destred The present commtttee of thtrty-five (35) ss the Planning Group, whtch could probably tncrease to as many as seventy-five (75) members The Steering Committee would coor&nate their acttvmes and spearhead some of the efforts for apphcattons and fund ratstng The Steering Committee would be dtrectly responstble to the Ctty Counctl and composed of approxtmately twelve (12) to fifieen (15) members Mayor Oberndorf advtsed the Jamestown 2007 Celebration wtll be documented by Nattonal Geographic Her daughter's father-tn-law ss the Chtef Archeologtst performtng the dtg for the ortgtnal settlement at Jamestown Mr Rawls advtsed the Ctty ss a very tmportant part The settlers dtd not just stop at Cape Henry and ratse a Cross tn honor of the Chrtsttan Ktng of England That Cross meant that land was staked out for England After they left here, they went to Hampton and erected another Cross to say that land had been clatmed These were the markers Some of the colontsts rematned tn Hampton, not Vtrgtnta Beach, thus Hampton claims to be the first permanent Enghsh settlement Ray Alan Dudley, Prestdent- The Order of Cape Henry 1607, advtsed the settlers were requtred by the rules of the Ktng to be 50 mtles tnland and since the Lynnhaven was not 50 mtles deep, they could not go up the Lynnhaven far enough and thus ended up tn Jamestown, whtch possessed very bad soil Jamestown was abandoned for a while Therefore, Hampton has been continually settled for the longest pertod of trine In l/trgtnta Beach, they opened the strong box and conducted the first election for the President of the Council The very first free election held in the western hemisphere took place in Virginia Beach The first trial by jury to acqutt Captatn John Smtth, tn order for htm to be part of the electron, also occurred tn Vtrgtnta Beach Mr Dudley advtsed Captatn John Smtth was acquttted of mutiny Thts example became the premtse for all the other states tn the Umted States and for 90 other countrtes The group needs to make the ctttzens of Vtrgtnta Beach proud of their heritage Fort Story has the creatton of a Cape Henry/Fort Story History Museum wtthtn thetr budget In addttton, even tn thts terrtble budget year, the State placed $4-1/2-MILLION to upgrade the amphttheater at Ftrst Landtng State Park Thts factltty wtll be used for the three (3) outdoor dramas Mayor Oberndorf referenced 2003 being the 40tn Anniversary of the City of Virginia Beach Mayor Oberndorf advtsed the Internattonal Mustc Festtval (comprtsed of the three stster ctttes Bangor, Northern Ireland, Mtyazakt, Japan, Moss, Norway) wtll also be conducted tn 2003 Perhaps these two events could be tted together Aprt123, 2002 -7- CITY MANAGER'S BRIEFING VEHICLE DECALS 3:40 P.M. ITEM # 49533 Patrtcta Phtlhps, Dtrector of Ftnance, advtsed thts Brtefing was to be a follow-up to the revtew of alternattve approaches to tmprovtng the local vehicle registration process Alternatives Combtne the local vehtcle fee wtth the Ctty's dune 5th personal property tax btll a keep the decal b ehmtnate the decal 2 Combtne the local and state vehtcle regtstrattonfees, ehmtnate the decal 3 Increase the real estate tax, ehmtnate the decal and the decal fee *Items lb nor 3 wtll not be chscussed further at this ttme The focus wtll be on la and 2 Mrs Phtlhps advtsed the local vehtcle regtstratton (sttcker whtch goes on your State Ltcense Plate) ts not betng phased out The dtscusston mvolves the phastng out of the personal property tax tnvolvtng up to $20,000 of the value of the car Objectives Create an easter, more constderate process for ctttzens Achteve admtntstrattve effictenctes Mtntmtze budgetary tmpacts tn order to matntatn Ctty servtces Ia. Combine the Decal Fee with the Personal Property Tax Bill; Keep the Decal Include the decal fee on the personal property tax btll due tn dune Upon recetpt of payment for the tax and the vehtcIe regtstratton fee, mad decal to the taxpayer as proof of payment Can explore abthty to move collection date earher tn April or May Implementatton ttme frame dune 2003 or later II. Combine Local and State Vehicle Registration Fee DMV collects the local regtstratton fee wtth the state vehtcle regtstratton fee (Legtslatton ts already tn place) No local decal issued In addttton to current collectton methods, VR WP ts used for collectton of dehnquent personal property taxes Implementatton timeframe duly, 2003 or later April 23, 2002 -8- CITY MANAGER'S BRIEFING VEHICLE DECALS ITEM # 49533 (Continued) Chrts Bonney, Bonney & Company, presented reformation relattve the ctttzen survey concerntng Vtrgtnta Beach restdent so perceptton of the "Ctty Sticker and Preferred Means of Paying Local Vehicle Registration Fee Research Objectives How btg of an issue ts the "ctty sttcker"? Do restdents advocate keeping or ehmmate the "ctty sticker "~ How would they most prefer to pay the local vehtcle regtstratton fee ? Methodology Four focus groups on Aprtl 3 and 4, 2002 Demographically, racially and geographtcally &verse A good mix of restdents Telephone survey of 502 Vtrgmta Beach households April 8 - 11, 2002 Executive Summary - Focus Groups The ctty sttcker ts a "necessary nmsance" Not one person menttoned tt as one of the major tssues factng the Ctty Almost everyone has an opinion about the ctty sticker The majortty advocate ehmtnattng tt Most do not understand what they are advocattng Many think they are also ehmtnattng the $25 registration fee Some members of each group have had to stand tn hne to buy their ctty sttckers Most constder Treasurer's Office personnel to be professtonal Members of each group suggested that there must be a "better way" Many alternatives suggested Leadtng alternattves were combtnattons wtth either personal property tax bill or state vehtcle regtstratton bill Executive Summary - Telephone Survey The majortty (65%) of restdents tntervtewed advocate ehmtnattng the ctty sttcker Even when remtnded that fee does not go away, more than 'half advocate ehmtnattng the decal Almost two-thtrds (63%) advocate a change tn the way the local vehtcle regtstratton fee ts collected Combine with state registration bill 32% Combine with personal property bill 20% Raise real estate tax 16% Keep the current method 26% No opinion 5% April 23, 2002 -9- CITY MANAGER'S BRIEFING VEHICLE DECALS ITEM # 49533 (Continued) Mayor Oberndorf and Counctl Lady McClanan requested tnformatton relattve the total cost of thts decal tssue, both tn ttme expended by staff and with the ctttzen survey Mrs Phdhps advtsed she volunteers her ttme Mrs Phdhps advised thts ts not an ortgtnal idea of a parttcular tndtvtdual It has been around for a long ttme She can remember the concept betng suggested tn 1985, but the technology had not been developed to be practtcal The tdea of combtntng the decal wtth the personal property tax btll has also been a long outstandtng issue Thts past year has brought these tssues to the forefront Concerntng recetvtng ttckets re absence of decals tn other locahttes, tn 1985, there was a Court Case "Commonwealth vs Spencer", whtch says bastcally fatlure to dtsplay a decal alone was notjusttficatton for a pohce stop If the pohce took the extra step to check the DMV records to determtne and found tt was vahd, a ttcket could be issued A compact for Mutual Enforcement extstmg between the ctttes needs to be adjusted The Pohce Chtefs tn the regton do not see thts as a problem Should the ctty dectde upon the DMV approach, Vtrgtma Beach would be the "pioneer". If we go forward wtth thts alternattve, the DMV would hke to market this concept to other locahttes throughout the State Mrs Phtlhps advised today the Ctty has $16.9-MILLION in delinquentpersonalproperty taxes as of March 31, 2002 Thts ts a combmatton offour years Recommendations that Should be Evaluated as Soon as Possible Implement addtttonal payment opttons Add (VRWP) Vehtcle Regtstratton Wtthholdtng Program to dehnquent collectton process Evaluate monthly bdhng of personal property tax supplements Work to refine extsttng &scovery and btlhng processes for personal property clean up databases and exoneration process Alternative I No Choice on Payment Options Analysis Underway on Direct Debit Alternative H VR WP $20 fee DMV has reduced fee to no more than $10, negottattons wtll continue Cumbersome for Delinquent Taxpayers Use personalproperty recetpt as proof, even prtor to Ctty release DMV wtlhng to have Ctty/Treasurer employee at thetr offices Cost Costs about the same as the current system Aprt123, 2002 -lO- CITY MANAGER'S BRIEFING VEHICLE DECALS ITEM # 49533 (Continued) The VR WP Notification Process The renewal nottce for November ts run August 8 If there ts a "stop on a record", tt wtll generate a letter tnstead of a renewal nottce The letter nottfies the customer of the hold on thetr state regtstratton due to nonpayment of personal property taxes If the ''stop" ts cleared - a renewal nottce 1s marled If the stop" ts not cleared - no further nottficatton ts gtven Both Alternatives Transition/Implementation Alt I Ttme to program (ComlTprojects $400,000 or more) Alt II DMV wtll program, wtth cooperatton of Constttuttonal Officers to develop A system ComlT support on personalproperty tax system Impact on Collections of Delinquent Personal Property Alt I One ttme sptke tn Year 1, wtth correspondmg decreases tn subsequent years Alt II Posstble sptke tf VRWP used chhgently Both methods should collect same over first two years Major Benefits and Considerations Alternative I- Major Benefits Accelerates personal property tax collectton tn the current year Shtfts collectton of personal property taxes to an earher pertod - a one-ttme spike tn the year of implementation should result tn an esttmated tmpact of $IO mtlhon or more The followmg year dehnquency collecttons wtll decrease Reduces, but does not ehmmate, hnes Alternative I-Other Considerations Requtres coordtnatton wtth other Ctty offices to create monthly btlhng of personal property tax supplements Sttll needs filhng tn of some detatls, e g time frame for decal on cars acqutred after dune btlhng Wtll requtre $400,000 - $ 700, 000 to tmplement Mrs Phtlhps advised there are approximately 320, 000 vehtcle regtstrattons tn Vtrgtnta Beach Aprt123, 2002 -ll- CITY MANAGER'S BRIEFING VEHICLE DECALS ITEM # 49533 (Continued)) Alternative H - Major Benefits Decal ts gone Most convement to taxpayers locattons, payment opttons, staggered due dates No Ctty hnes Personal property tax dehnquency collecttons wtll tncrease stmtlar to Alternattve I (VR WP) Majortty selected thts tn ctttzen survey Alternative H Other Considerations Must use drtver's hcense as proof of restdency Must use VR WP (state tag hold) as means to control personal property tax dehnquenctes Requtres earnest cooperatton of Treasurers Office to work with DMV to maxtmtze thts tool Treasurer and Commtsstoner of Revenue must work together to reduce erroneous holds Develop contract wtth DMV that reflects needs of Treasurer and Commtsstoner of Revenue - which wtll requtre thetr time to develop an acceptable process Transttton year wtll requtre prorated fees Recommendation Alternative II: Combine Local and State Vehicle Registrations Ctttzen survey mdtcates thts ts the preferred method A way that technology can streamhne the way ctttzens do busmess wtth government Must have full cooperatton of Constttuttonal Officers Pubhc Comment Next Steps May 28, 2002 Counctl Dtrects Ctty Manager and Constttuttonal Officers to tmplement recommendatton June 4, 2002 Develop Contract wtth DMV June 4, 2002 Status Report to Counctl August 2002 Mrs Phdhps advtsed the costs would be approxtmately $320,000 re the decal process, whether handled by the Ctty Treasurer or State DMV Council Lady McClanan requested tnformatton be provtded relattve the computatton of thts expense The Ctty Manager hopes the Ctty Treasurer would conttnue tssuance for an addmonal year Implementatton ss anttctpated for July 2003 BY CONSENSUS, Pubhc Comment shall be scheduled for May 28, 2002, re Combined Local and State Vehicle Registrations Aprtl 23, 2002 - 12- AGENDA RE VIEW SESSION 5:10 P.M. ITEM # 49534 K 1 PUBLIC COMMENTPERIOD 31st Street ProJect The Ctty Manager advtsed, prtor to the Pubhc Comment pertod, the developers had been tnvtted to make a presentatton relative the Mst Street Project. ITEM #49535 L 1 Ordinances to AMEND the City Code a 3g 23-58 re commercialparking lots tn Resort Tourtst Dtstrtcts Counctlman Branch advtsed recetvtng telephone calls relattve thts ttem and he erroneously advtsed thts ttem was betng Referred to the Planntng Commtsston He had confused thts ttem wtth the Resolutton re "temporary parktng lots" As thts ordtnance ts not effecttve unttl Aprtl 30, 2003, Counctlman Branch requested thts ttem be DEFERRED until the City Council Session of May 14, 2002 Councilman Harrtson advtsed he had recetved concerns relattve the Ordmance not contamtng a grandfather clause Counctl Lady Eure advtsed Karen Lasley, Zontng Admtntstrator, had advtsed these parktng lots were not betng grand fathered, as the tntent was to clean them up ITEM # 49536 MI Resolutton re proposed Amendments to 111, 1501, 1511, and 1521 of the Ctty Zonmg Ordinance (CZO) definmg "Temporary Commerctal Parking Lots", estabhshtng temporary commercial parking lots as a prtnctpal use tn the R T-1, RT-2 and RT-3 Resort Tourist Districts, and, the Planmng Commtsston to make thetr recommendatton to Ctty Counctl wtthtn (60) stxty days Deputy Ctty Attorney Wtlham Macah chstrtbuted an Amended Resolutton and Ordtnance to only allow prtnctpal uses tn the RT-1, and RT-2, but not RT-3. ITEM # 4953 7 M2 Resolutton to AUTHORIZE and promulgate Amendment No. 6 to the Pubhc Works' Spectficattons and Standards manual Counctl Lady McClanan wtll vote NAY on thts ttem ITEM # 49538 Resolutton to authortze Pohce Agreement (Mutual Aid) wtth York County re Worm Church of the Creator vtstt May 3-6, 2002 The Ctty Attorney referenced an ADD-ON ttem and the Ctty Manager's correspondence of Aprtl 19, 2002 The Ctty Manager advtsed recently pohce departments throughout Hampton Roads recetved a request for asststance from the York County Shertff's Department concernmg an upcomtng pubhc forum tn thetr jumsdtctton The event, scheduled for May 4, 2002, will mvolve members of the World Church of the Creator and tts leader Reverend Matt Hale T/us orgamzatton promotes as tts cause the survtval, expanston and advancement of the whtte race Because of past expertences tnvolvtng the World Church of the Creator and the Antt-Ractst Actton (ARA) group, York County offictals are concerned that the event tn May could result tn a ctvtl disturbance Chtef dacocks advtsed two squads of officers (approximately 8 to I0 officers with their sergeants, as well as 8 mountedpatroO will be furntshed They wtll stay for the 1 day event The State Pohce ts also sendtng a substanttal conttngent Some of the ctttes on the southstde , as well as all the Ctttes on the Pemnsula, whtch are party to a mutual atd agreement, are asststmg Chtef dacocks ts not aware of any mthtary parttctpatton Aprt123, 2002 - 13- AGENDA RE VIEW SESSION ITEM # 49538 (Continued) Deputy City Attorney Macah advtsed there ts an tndemntty provtston York tndemntfies Vtrgtnta Beach for any personal tnjury or property damage caused by a thtrd party It ts very &fficult to deny a permtt Core pohttcal acttvtty ts htghly protected by the first amendment Councd Lady McClanan wall vote a NAY on thts ttem ITEM # 49539 B Y CONSENSUS, the following shall compose the CONSENTAGENDA: ADD-ON ORDINANCES L 1 Ordtnances to AMEND the Ctty Code a 3g 23-58 re commercialparking lots tn Resort Tourtst Dtstrtcts b ~3~ 6-16 I, 6-109, 6-110 andADD 6-121 2 repersonal water craft L2 Ordtnance to AMEND the Ctty's open air cafd regulattons mcreasmg franchise fees based on cafd category, and, to clartfy and define phystcal and operattonal crtterta for the cafes L3 Ordtnance to ACCEPT and APPROPRIATE a $25,000 grant from Lowe's Home Safety Councd to the Ftre Departments 's FY 2001-2002 operattng budget re new displays for the Vtrgtnta Martne Sctence Museum and esttmated revenues be tncreased accordtngly RESOLUTIONS MI Resolutton reproposedAmendments to 3g 111, 1501, 1511, and 1521 of the City Zoning Or&nance (CZO) defimng "Temporary Commerctal Parktng Lots", estabhshtng temporary commercial parking lots as a prmctpal use tn the RT- I, RT-2 and RT-3 Resort Tourist Districts, and, the Planmng Commtsston to make thetr recommendatton to Ctty Councd wtthm (60) stxty days M2 Resolutton to AUTHORIZE and promulgate Amendment No. 6 to the Pubhc Works' Spectficattons and Standards manual M3 Resolutton re use of alternattve fuel vehtcles and the Hampton Roads Clean Cities Coalition tn st 's regtonal efforts to promote the use of alternattve fuels for transportation Resolutton to authortze Pohce Agreement (Mutual Atd) wtth York County re World Church of the Creator vtstt May 3-6, 2002 Item 1 a wtll be DEFERRED, B Y CONSENT, untd Ctty Councd Sesston of May 14, 2002 Councd Lady McClanan will vote NAY on Item M 2 and ADD-ON Item Aprtl 23, 2002 - 14- AGENDA RE VIEW SESSION ITEM # 49540 N2 Apphcatton o f JOHN C. A TKINSON for the enlargement of a non-conforming office use on Lot 12, Block 3, Ubemeer, at 5307 Atlanttc Avenue, contatntng 6,625 square feet DISTRICT 5 - L YNNHA VEN Thts item will be dtscussed durtng the Formal Sesston Counctlman Harrtson referenced correspondence tn opposition from the North Virginia Beach Civic League The stte ts the ortgtnal locatton of the sales office, estabhshed tn 1927 The tmprovement wtll be tn keeptng wtth the character of the extsttng homes located tn the area and wtll enhance the archttectural appeal of the existing structure Counctl Lady Parker ABSTAINED as she and her husband own Parker Pools and Atktnson Realty ts the managtng agent for one of thetr chents ITEM # 49541 RECONSIDERATION Apphcatton of PRINCESSBORO DEVELOPMENT COMPANY, INCORPORA TED for a Condtttonal Use Permit re a borrow pit on the south stde of Sandbrtdge Road, east of Prtncess Anne Road, contatnmg 64 911 acres (PRINCESS ANNE - DISTRICT 7) Thts apphcatton wtll be &scussed durtng the Formal Session ITEM # 49542 N5 Apphcatton of CHARLES F. BOWDEN for a Change of Zomng Dtstrtct Classtficatton from R-30 Restdenttal Dtstrtct to Condtttonal R-20 Restdenttal Dtstrtct on the west side of Wakefield Drtve, south of Delray Drtve on Parcel A, Section 8, Part 4, Thoroughgood (DISTRICT 4 - B a YSIDE) Counctlman Jones advtsed the apphcant, through hts attorney, Eddte Bourdon, has requested the Ctty Counctl refer this apphcatton back to the Planmng Commission for the purpose of amendmg the site plan and coordtnattng wtth the communtty Counctlman Jones advtsed, tf there was not opposttlon, he would request thts apphcatton be referred to the Planning Commission, B Y CONSENT. Steven White, Planntng, advtsed tf thts apphcatton ts referred back to the Planntng Commtsston, adjacent property owners wtll be nottfied If Ctty Counctl requests, another orange zomng stgn wtll be placed on the property ITEM # 49543 B Y CONSENSUS, the followtng shall compose the PLANNING BY CONSENT AGENDA: N1 Apphcatton of RJP, LLC. for a Converston of a Non- Conformtng Use to renovate the extsttng duplex tnto a smgle famtly home at 202 87th Street, contamlng 7,500 square feet DIS TRI C T 5 - L YNNHA VEN N3 Apphcatton of SPRING BRANCH COMMUNITY CHURCH for a Condtttonal Use Permtt for a church expansion on the east stde of N Great Neck Road, north of Harbor Lane (1500 N Great Neck Road), contamtng 9 I I acres (msrmcr ~ - ~ YNNHA VEN) Aprtl 23, 2002 N5 N6 - 15- AGENDA RE VIEW SESSION ITEM # 49543 (Continued) Apphcatton of CHARLES F. BOWDEN for a Change of Zoning Dtstrtct Classtficatton from R-30 Restdenttal Dtstrtct to Conchttonal R-20 Restdenttal Dtstmct on the west stde of Wakefield Drive, south of Delray Drtve on Parcel A, Sectton 8, Part 4, Thoroughgood (DISTRICT4 - BA YSIDE) Apphcatton of BANBURY LAKE VILLAGE COMPANY, L.L.P., for a Change of Zomng Dtstrtct Classtficatton from B-2 Community Bustness Dtstrtct to A-18 Apartment Dtstrlct. south of OM Provtdence Road contamtng 15, 941 96 square feet (DISTRICT 1 - CENTER VILLE) Counctl Lady McClanan wtll vote NAY on Item N. 3. Item 15 wtll be REFERRED BACK TO THE PLANNING COMMISSION, BY CONSENT, tf there ts no opposttton Aprtl 23, 2002 -16- CITY COUNCIL COMMENTS 5:20 P.M. ITEM # 49544 Counctl Lady Henley advised her opponent has alleged she only conducts the quarterly pubhc forums because she was &rected by Ctty Counctl to do so smce she had not been respon&ng to Ctty Counctl concerns tn a Workshop Her opponent stated he was advtsed by several Counctl Members Counctl Lady Henley requested the City Clerk to search the records of the Mtnutes and tf there ts anythtng whtch remotely supports thts claim, she be advised Counctl Lady Henley does not remember any dlrecttons by Ctty Counctl to conduct her forums The Ctty Clerk advised the records have been searched and thts tnstructton ts not contatned wtthtn these records The Ctty Attorney advtsed Ctty Counctl can request anythtng they chose, but they would not &rect an tn&vtdual Counctl Member to do somethtng of that nature ITEM # 49545 Councd Lady Wtlson referenced the hghttng legtslatton approved by the General Assembly and whether the Ctty's hghttng would be effected C Oral Lambert, Jr, ChtefOperattng Officer, advised the legtslatton has just been recetved and Ctty staff ts revtewtng same A report wtll be forthcomtng ITEM # 49546 Mayor Oberndorf referenced the RESOURCE MANAGEMENT PLAN FISCAL YEAR 2002-2003 OPERATING BUDGET and FISCAL YEAR 2002-2003 THRU 2007-2008 CAPITAL IMPROVEMENT PLAN Pubhc Hearing on Aprt118, 2002 Ms Gallagher referenced HRTfundmg and referenced the north end restdents must walk three mtles to catch a bus Drtvers are betngpatd for not drtvtng citizens They stt for four (4) hours out of an etght-hour day Mayor Oberndorf requested Counctl Lady Parker, as the HRT Representattve, have the Executtve Dtrector respond Council Lady Parker advtsed thts was one route that was going to be cut durtng the Wtnter based on the analysts There were so few rtders The Ctty and Dale Castellow worked hard to at least allow for some rtdershtp tn the mormngs and afternoons so people could go back and forth The bus ts not available durtng the middle of the day Mayor Oberndorf advtsed Nancy Borroughs also collaborated the accusattons made Councd Lady Parker wtll also tnqutre whether parttcular conventtons had rented trolleys durtng the ttme tn questton ITEM # 4954 7 Council Lady Eure referenced correspondence from the City of Newport News regarding the Aviation World's Fair and thetr request for fun&ng of $100per captta The Ctty Manager advtsed these funds are not tn the Operattng Budget Mayor Oberndorf and the Ctty Manager wtll respond ITEM # 49548 Mayor Oberndorf referenced the Economtc Development Alhance located the tmport facthty for TARGET tn Suffolk (approxtmately $130-MILLION e&fice) Councdman Man&go read the letter re the TARGET &strtbutton center The salartes and postttons recrutted by them are not what Vtrgtnta Beach has set to be the goal for Economtc Development Mayor Oberndorf advtsed the other ctttes do not have a "floor "for the type of salartes tn whtch they are tnterested Counctlman Jones advtsed the staff has followed our pohcy Mayor Oberndorf advtsed at the Pubhc Heartng on Aprtl 18, 2002, at least three of the ctttzens requested the regtonal funds be re&rected to the Economtc Development Department to recrutt the types ofbustnesses destred Counctlman Man&go advised he had asked the Economtc Development Dtrector tf ad&ttonal funds were necessary and he stated thts was not the issue Aprtl 23, 2002 -17- CITY COUNCIL COMMENTS ITEM # 49549 Counctlman Man&go advtsed stnce the Ctty Councd met last, the Amphtbtous Ready Group with the Bataan lead came back and brought tn 900 to l, O00 sadors who had not been home tn 7 months Councdman Man&go advtsed he was tn the "Gator" Navy when he was on acttve duty This Councdman cares for them and welcomes them back Mayor Oberndorf satd thts whole Ctty cares for them and joms tn a hearty "Welcome Back" ITEM # 49550 Councd Lady Parker referenced the recent report on Town Center Thts ts approxtmately the thtrd month for the analyttcal analysts from Jeff Grtffin, Sumner and Assoctates, who had been overseetng the cost allocatton, has been mtsstng The Ctty Manager have contracted wtth Mr Grtffin, who left Sumner, to contmue thts servtce ITEM # 49551 Councdman Harrtson referenced the Pubhc Comment on the 31" Street project durtng the Formal Ctty Councd Session Mayor Oberndorf recetved correspondence from Al Wallace, Prestdent of the Councd of Ctvtc Organtzattons, requesttng DEFERRAL untd the end of dune tn order for the orgamzatton to study the drafted contract tn depth Councdman Harrtson wtshes to be assured the Ctty Manager can commence the adverttstng process necessary so that the obltgattons tn those agreements, should they be approved on May Fourteenth, can be properly handled under the Public Procurement Act If the Agreements are not approved on May 14, 2002, the adverttstng can be wtthdrawn The State RFP laws are set The Ctty Manager advised tt would just be an ad announcing the RFP ts avadable for tnspectton Mayor Oberndorf satd she was not wdhng to adverttse untd a determtnatton had been made The City Manager advtsed tn order to provtde three weeks to respond to the RFP, the adverttstng must be commenced prtor to May 14, 2002 The Ctty Attorney advtsed etther there would be a very short turn around tn the adverttsmg of the RFP or the Ctty would need to renegottate the date of June 30, 2002 (whtch was based on an earher vote) to award the RFP Mayor Oberndorf requested a consensus of Ctty Councd to &rect the Ctty Manager to advertise the Request for Proposal re the 31st Street project Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr Barbara M Henley, Louts R Jones Reba S McClanan Yes Yes Yes Yes No No Robert C Man&go, Jr Yes Mayor Meyera E Oberndorf No Nancy K Parker No Wdham D Sessoms, Jr Absent Rosemary Wtlson Abstatn Aprt123, 2002 -I8- ITEM # 49552 Mayor Meyera E Oberndorf , called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Ctty Counctl Conference Room, Ctty Hall Butl&ng, on Tuesday, Aprtl 23, 2002 at 5 45 PM Counctl Members Present Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Absent Robert C Man&go, Jr and Wtlham D Sessoms, dr Aprt123, 2002 -19- ITEM # 49553 Mayor Meyera E Oberndorf entertatned a motton to permtt Ctty Counctl to conduct tts CLOSED SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgtnta, as amended, for the followmg purpose PERSONNEL MATTERS Dtscusston, constderatton or tntervtews of prospecttve can&dates for employment, assignment, appotntment, promotton, performance, demotion, salartes, &sctphntng, or restgnatton of spectfic pubhc officers, appotntees, or employees pursuant to Sectton 2 1-344 (A) (1) To Wtt Appotntments Boards and Commtsstons Commumty Servtces Board Eastern Vtrgtma Me&cal School Vtrgmta Beach Health Servtces Advtsory Board LEGAL MA TTERS Consultatton wtth legal counsel or brtefings by staff members, consultants, or attorneys pertatmng to actual or probable httgatton, or other spectfic legal matters requesttng the provtston of legal advice by counsel pursuant to Section 2 1-344(A)(7) Sportsplex Anctent Art Tattoo Stu&o, LTD v Ctty of Vtrgtnta Beach, Robert Loher, Admtntstrator of Permits and Inspections and Phtlhp d Kellam, Commtsstoner of the Revenue Robert Herman Properttes, L and Herman, Inc v Oceanstde Condomtntum Assoctatton, Inc Caton Family L L C, C B M Company t/a Schooner Motor Inn and City of Vtrgmta Beach Upon motton by Counctlman Jones, seconded by Councilman Branch, Ctty Counctl voted to proceed tnto CLOSED SESSION. Vottng 9-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Robert C Man&go, Jr and Vtce Mayor Wtlham D Sessoms, Jr (Time of Closed Session: 5:48 - 6:00 P.M.) Aprtl 23, 2002 - 20- FORMAL SESSION VIRGINIA BEA CH CITY COUNCIL April 23 2002 6:00 P.M. Mayor Meyera E Oberndorf, called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Council Chamber, City Hall Bmldtng, on Tuesday, April 23, 2002, at 6 O0 P M Counctl Members Present Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr, Barbara M Henley, Louts R dories, Reba S McClanan, Robert C Man&go, dr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Absent Vtce Mayor Wtlham D Sessoms, ,Ir [Out of Ctty on Bustness] Mayor Oberndorf ANNOUNCED the death of a very great lady, Phylhs Mtllette, former Dtrector of Human Services, for the City of Vtrgtnta Beach The Mayor requested a Moment of Silence tn honor of her memory INVOCATION Counctlman Louts R ,Iones requested Leon M Smtth, husband of the Ctty Clerk Ruth Smtth, be remembered tn thetr prayers durtng hts recovery PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Aprt123, 2002 Item V-E. -21 - CER TIFICA TION OF CLOSED SESSION ITEM # 49554 Upon motton by Counctl Lady Parker, seconded by Counctlman Harrtson, 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 whtch thts certtficatton resolutton apphes, AND, Only such pubhc bustness matters as were tdenttfied tn the motton conventng the Closed Sesston were heard, dtscussed or constdered by Vtrgtnta Beach Ctty Counctl Vottng 9-0 Counctl Members Vottng Aye Margaret L Eure, Wtlham W Harrtson, dr, Barbara M Henley, Louts R clones, Reba S McCIanan, Robert C Man&go, dr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Ltnwood 0 Branch, III and Vice Mayor Wtlham D Sessoms, Jr Aprt123, 2002 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 49553, page 19, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS: Section 2 2-3711(A) of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies, and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council City Clerk April 23, 2002 Item V-F. 1. - 22 - MINUTES ITEM # 49555 Upon motton by Councd Lady Eure, seconded by Councdman Man&go, City Councd APPROVED the Mtnutes of the INFOR31AL AND FORMAl, SESSIONS of April 9, 2002. Vottng 9-0 Councd Members Vottng ,4.ye Margaret L Eure, Wdham W Harrtson, dr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wdson Councd Members Vottng Nay None Councd Members Absent Ltnwood 0 Branch, III and Vice Mayor Wdham D Sessoms, dr Aprd 23, 2002 Item V-G.I. - 23 - ADOPT AGENDA FOR FORMAL SESSION ITEM # 49556 AGENDA FOR THE FORMAL SESSION ADD TO AGENDA Resolutton to authortze Pohce Agreement (Mutual Atd) wtth York County re Worm Church of the Creator vtstt May 3-6, 2002 Aprzl 23, 2002 Item V-G. 2 - 24 - ITEM # 49557 Upon motton by Counctlman Jones, seconded by Counctlman Branch, Ctty Counctl ADDED TO THE AGENDA: Resolutton to authorize Pohce Agreement (Mutual Aid) with York County re World Church of the Creator visit May 3-6, 2002. Vottng 9-I Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, Jr, Barbara M Henley, Louts R Jones, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Vottng Nay Reba S McClanan Counctl Members Absent Vtce Mayor Wtlham D Sessoms, Jr Aprt123, 2002 - 25 - Item ~-H. 1. ITEM # 49558 Mayor Oberndorf PROCLAIMED: May 4, 2001 SPECIAL OLYMPICS DA Y Spectal Olymptcs ts an tnternattonal movement of sports tratntng and competition which gtves chddren and adults who are mentally challenged an opportuntty to develop thetrphystcal skdls, dtsplay thetr abthttes and, most tmportantly, fulfill thetr human potenttal Vtrgmta Beach Spectal Olymptcs provtdes mentally challenged ctttzens wtth the opportuntty to parttctpate tn athlettc tratntng and competttton, as well as other soctal events The Area II Annual Track and Fteld games tncludtng Vtrgtnta Beach Spectal Olymptcs wdl be held on Saturday, May 4, 2002, at Kellam Htgh School The l/trgtnta Beach Games wall be on May 11, 2002, at Plaza Middle School Openmg ceremomes for both commence at 10 O0 A M Robert Mallet, l&ce Prestdent- Area Il and Prestdent of Vtrgtma Beach Spectal Olymptcs, Anthony Sweeney, Athlete, and Courtney Buffington, Member of the Board and Coach, accepted the PROCLAMATION. Anthony Sweeney sang the Star, Spangled Banner Aprtl 23, 2002 Whereas: Special Olympics is an international program of sports training and competition ~vhich gives children andadults who are mentally challengedan opportunity to develop their physicalskills, display their abilities and, most importantly, fulfipltheir human potentiao and Bie Virginia (Beach Special Olympics provides mentally challenged citizens with the opportunity to participate in athletic training and competition os xvell as other social events; and This year, the Area 1I Annual Track and q:ieldaames including Virginia (Beach SpecialOlympics will be heldon Saturday, May 4, 2001 at Kellam 91igh School in Virginia (Beach; and Whereas: This will be the eleventh year of the Virginia (Beach City Councips tradition of honoring Special Olympics: Hoxv, Therefore, I, Meyera B. OberndoOc,, Mayor of the City of Virginia (Beach, Virginia, do hereby Proclaim 9ff a~ 4, 2002 Special Olympics &ay In Virginia (Beach, andl encourage allcitizens to support the games on 9vlay 4, 2002. I further encourage allcitizens to recognize the courage of SpecialOlympians, the spirit and adventure of SpecialOlympics, andthe contributions of mentally challengedcitizens to our community. In Witness Whereof, I have hereunto set my handandcausedthe OfficialSealof the City of Virginia (Beach, Virginia, to be afftxed this Twenty-third day of Apri6 Two Thousand Two. ~eyem ~,. Obemdotf 9ffayor Item V-H. 2. - 26- RECOGNITION ITEM # 49559 Mayor Oberndorf recogmzed Kevtn Groggm, Teacher, Virginia Beach Friends School accompanied by fourteen (14) of hts students who are studymg "American Government" Aprd 23, 2002 -27- Item VI-L1. PUBLIC HEARING ITEM # 49560 Mayor Oberndorf DECLARED A PUBLIC HEARING: Real Property Tax Increase proposed for Annual Assessments The followtng regtstered to speak Robert O'Connor, Prestdent- Czttzens Action Coalition, 204 52"' Street, #A 23451, 428-0902, requested general assessment of real estate every two years Chuck Guthre, President - Lynnhaven Marine Botel, 492 Haversamp Close 23454, Phone 481-1732, opposed to the boat tax Ken McLeskey, represented McLeskey Yacht Consultants, 524 Winston Salem Avenue, Ste 200 23451, Phone 491-5800, opposed to the boat tax John D Moss, represented the l,'trgtnta Beach Tax Payers 'Alhance, 4109 Rtchardson Road 23455, Phone 363-7745, registered tn opposttton to real property tax zncrease Ben Krause, represented the I,'trgtnta Beach Tax Payers 'Alhance 1436 Ftve Hill Trail, 23452, Phone, 486-3721, registered tn opposition to real property tax mcrease Al Strazzullo, 3120 Sand Ptne Road 23451, Phone 481-0024, regtstered tn opposttton to real property tax increase There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING Aprzl 23, 2002 NOTICE OF PROPOSED REAL PROPERTY TAX INCREASE AND PUBLIC HEARING Tax Increase Caused by Increase in Annual Assessment The City of Virginia Beach proposes to increase property tax levies , Assessment Increase: Total assessed value of real property, excluding additional assessments due to new construction or improvements to property, exceeds last year's total assessed value of real property by 6.12 percent. 2~ Lowered Rate Necessary to Offset Increased Assessment: The tax rate which would levy the same amount of real estate tax as last year, when mult~phed by the new total assessed value of real estate w~th the exclusions mentioned above, would be $1.1496 per $100 of assessed value Th~s rate will be known as the "lowered tax rate." . Effective Rate Increase: The C~ty of Virginia Beach proposes to adopt a tax rate of $1.22 per $100 of assessed value. The difference between the lowered tax rate and the proposed rate would be $.0704 per $100, or 6.12 percent Thru difference w~li be known as the "effective tax rate ~ncrease." Individual property taxes may, however, increase at a percentage greater than or less than the above percentage 4. Proposed Total Budget Increase: Based on the proposed real property tax rate and changes ~n other revenues, the total budget of the C~ty of V~rgm~a Beach w~ll exceed last year's by 3.21 percent. NOTE: Although the FY 2002-2003 Operating Budget as submttted to Council does not propose an increase ~n the current real estate tax rate of $1 22 on each $100 of assessed valuation, the assessment for individual propertms ~ncreased by an average of 6.12%. Smcethe ~ncrease ~sover 1.00%, the preceding informat~on was provided pursuant to Sectmn 58.1-3321 of the Code of V~rg~n~a. Public Hearing A public hearing on the increase w~ll be held on Tuesday, Ap,I 23, 2002, at 6:00 P.M. m Council Chamber on the second floor of the C~ty Hall Building, Municipal Center, V~rgmla Beach, Virginia. Interested persons may appear at such t~me and place to present their views. Individuals desiring to provide oral or written comments may do so by contacting the City Clerk's office at 427- 4303. If you are physically disabled, or hearing or visually impaired, and you need assistance at th~s meeting, please call 427- 4305 Vo~ce/TDD. Note: 1. Heading to be at least 18-point s~ze. 2. Advertisement to appear m the Beacon on April 14;2002. 3. Ad size to be at least one-e~ghth page. 4. Ad is not to be placed m that portion of the newspaper reserved for legal notices or classified advertmement. - 28 - Item VI-I. 2. PUBLIC HEARING ITEM # 49561 Mayor Oberndorf DECLARED A PUBLIC HEARING: Personal Property Tax Increase Proposed Privately Owned Pleasure Boats FY 2002-2003 Resource Management Plan - Operating Budget FY 2002-2003 Resource Management Plan - Capital Budget General Obligation Bonds Proposed Issuance $ 59,300,000 Water and Sewer Utility Revenue Bonds Proposed Issuance $ 6,930,000 The followtng regtstered to speak Tarra Ferguson-Davts, represented the Endependence Center, 3824 Betsy Crescent 23456, Phone 471-6060, dtstrtbuted the 2001 Annual Report, whtch ts hereby made a part of the record Captatn D R Staton, 3709 Beacon Lane 23452, Phone 431-2193, spoke re salartes of pohce, firefighters and teachers Al Strazzullo, 3120 Sandptne Road 23451, Phone 481-0024, requested constructton of a new conventton center and relocatton of a communtty theatre be shelved and expanston of the Pavdton Conventton Center be considered Ttm Solamc, Member - Ocean Park Ctvtc League, 3612 Du Pont Ctrcle 23455, Phone 464-6922, re CIP 2-168 (Lesner Brtdge replacemenO and requested alternattves presented by the Shore Drtve Commumty Coahtton be considered Barbara Messner, Frtends of 3Ist Street Park, 1413 Kara Court 23454, Phone 422-1902, spoke relattve pubhc safety Maury Jackson, Ctttzen's for a Park Only On 31st Street, 1125 Dttchley Road 23451, Phone 428-1470 Vtctorta Rtzzt, Frtends of 3?' Street Park, Phone 424-0607, spoke tn opposttton to tncreased taxes Ben Krause, represented the Virginia Beach Tax Payers ' Alhance, 1436 Ftve Htll Tratl 23452, Phone 490-5614, concerned relattve ctty corporate culture Iva Nash, Vtce Prestdent of Vtrgtnta Beach Educatton Assoctatton 540 Cedar Lane 23452, Phone 486-3146, spoke tn support of mcreased salartes for teachers and health care dohn D Moss, represented the Vtrgtnta Beach Tax Payers 'Alhance, 4109 Rtchardson Road 23455, Phone 363-7745, spoke relattve a better balance than drawn wtth reexamtntng the 70/30 strategy Todd Solomon, Shore Drtve Commumty Coahtton, 2260 Ftrst Landtng Land 23451, Phone 496-5733, opposed to CIP 2-168 (Lesner Bridge ReplacemenO Lesner Brtdge should be mcluded tn the budget as an engtneermg destgn analysts Mary Puryear Butler, 3300 Don Caster Road 23452, Phone 340-3300, comphmented the budget, however requested the Ctty utthze a larger percentage of funds to take care of the tnfrastructure tn the older commumttes and less on pubhc/prtvate partnershtp There betng no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING Aprtl 23, 2002 NOTICE OF PUBLIC HEARING Proposed Increase of Personal Property Tax on Privately Owned Pleasure Boats The City of Virginia Beach proposes to increase the tax rate on all privately owned pleasure boats and watercraft used for recreational purposes only, as described in Section 58.1-3506(A)(10),(A)(26),and (A)(27) of the Code of Virginia. The proposed new rate would be one dollar ($1.00) on each one hundred dollars ($100) of assessed valuation. If approved, the increase in the tax rate would go ~nto effect January 1, 2003. The complete ordinance is available for examination by the public in the City Clerk's Office, the City Manager's Office, or the Department of Management Services, in the City Hall Building (Bldg. #1), 2401 Courthouse Drive, Virginia Beach, Virginia. The public hearing will be conducted on Tuesday, Aprd 23, 2002 at 6:00 p.m. in Council Chamber on the second floor of the City Hall Building, Mumclpal Center, Virginia Beach, Virginia. Interested persons may appear at such time and place to present their wews. Indlwduals des~nng to provide oral or written comments may do so by contacting the City Clerk's office at 427-4303. If you are physically d~sabled, or hearing or visually impaired, and you need assistance at th~s meeting, please call 427-4305 Voice/TDD. F~th Hodges"Sm~th, MMC Note: 1. Advertisement to appear in the Beacon on: Sunday, April 7, and Sunday, Apnl 14, 2002. NOTICE OF PUBLIC HEARING Thursday, April 18, 2002 - Frank W. Cox High School - 6:00 P.M. Tuesday, April 23, 2002 - Council Chamber/City Hall Building - 6:00 P.M. Pursuant to Section 5.07 of the City Charter and Section 2-197 of the City Code, the Council of the City of V~rg~ma Beach, Virginia will hold public hearings as noted above, on the City Manager's Proposed Operating Budget for the fiscal year beginning July 1, 2002 and ending June 30, 2003, and on the six-year Capital Improvement Program including the F 2002-2003 Capital Budget. A brief synopsis follows: PROPOSED FISCAL YEAR 2002-2003 OPERATING BUDGET Summary of Expenditures BUSINESS AREA Cultural & Recreational Opportunities - Museums and Cultural Arts - Parks and Recreation Economic Vitality - Agriculture - Convention & Visitor Development - Economic Development - Housing and Neighborhood Preservation Family & Youth Opportunities - Comprehensive Services Act - Health - MH/MR/SA Social Services Operational Support - Audit Services - City Real Estate Assessor - City Treasurer Commissioner of the Revenue Communications and Info Tech - Finance - General Serwces - Human Resources - Non Departmental-Operational Support Policy and Decision Support - C~ty Manager - General Registrar 981,985 $7,432,135 - Law 2,998,476 22,049,595 - Legislative 965,812 - Management Services 1,343,286 1,095,316 - Non-Departmental 1,836, 221 Quality Education and 15,668,040 Lifelong Learning 1,682,785 - Education 581,888,186 - Library 12,944,959 15,039,572 Quality Physical Environment 4,280,953 - Planmng & Commumty Development 1 O, 225,802 2,717,911 - Pubhc Utd,tms 59,080,562 29,280,658 Pubhc Works 67,506,507 31,395,373 Safe Community - Commonwealth's Attorney 4,913,448 704,911 - Commumty Corrections 516,045 2,331,202 - Courts and Court Support 5,787,120 4,755,742 Emergency Medical 2,907,429 Serwces 3,816,450 - Fire 29,586,592 9,409,177 - Pohce 63,344,181 4,167,735 -Shenff and Corrections 20,420,155 27,914,163 OTHER 3,660,889 Capital Projects 36,460,846 Debt Service 104,524,706 5,027,635 Reserve for Contingencies TOTAL EXPENDITURES 2,039,111 29,019,868 $1,231,721,539 General Property Taxes Other Local Taxes Permits, Privilege Fees, and Regulatory L~censes Fines and Forfeitures Use of Money and Property Charges for Services Summary of Revenues $411,325,626 194,267,600 4,339,238 4,487,89O 13,859,380 128,892,526 M~scellaneous Revenue From the Commonwealth From the Federal Government Non-Revenue Receipts Reserves TOTAL REVENUES 7,702,660 366,227,720 83,698,164 4,264,428 12,656,307 $1,231,72!,539 PROPOSED CAPITAL IMPROVEMENT PROGRAM AND CAPITAL BUDGET FOR FISCAL YEAR 2002-:)003 BUSINESS AREA Cultural & Recreational Opportunities Economic Vltahty Family & Youth Opportunities Operational Support Pohcy and Decision Support Quality Education and L~felong Learning Quality Physical Environment Safe Commumty TOTALS FY 2002-2003 CAPITAL BUDGET $25,635,OOO 157,373,510 0 10,620,347 2,000,000 41,432,247 55,905,689 1.8,319,7.8.5 $311,286,578 SIX YEAR CAPITAL PROGRAM $134,659,959 321,198,706 1,178,971 79,611,405 3,766,565 430,516.853 627,644,339 143,960.390 $ 1,742,537,.1. 88 MEANS OF FINANCING General Approp.at~ons Local Bond Issues Fund Balance Storm Water Utility Fund Water and Sewer Fund Federal Cont.but~on State Contribution Sale of Property Other Locaht~es Proceeds of Lease-Purchase Agreements Other TOTALS $ 28,976,536 $ 341,200,869 64,230,000 676,251,890 10,771,480 116,735,775 3,734,310 44,320,896 3.750,000 46,044,627 140,000 8,467,371 18,928,402 174,418,975 6,380,850 16,877,842 0 28,668,627 174,150,000 287,635,834 225,000 1 ..91,4,482 $311,286,578 81,742,537,188 The Proposed Operating Budget and Proposed Capital Improvement Program/Capital Budget documents are avadable at Central Library and all branch libraries. Copies are also available for examination at the C~ty Manager's Ofhce, the City Clerk's Office, and the Department of Management Serwces between 8:30 a.m. and 5:00 p.m, Monday through F.day. These documents can be wewed at the C~ty's web page located at www vbgov, com. All hearings are open to the public, and all interested persons will have an opportunity to be heard To prowde an opportunity for all persons to be heard, speakers are asked to make oral comments within three minutes or such other reasonable time limit as shall be determined by C~ty Council. Written comments may be presented at the hea.ng Individuals desiring to provide oral or written comments may do so by contacting the C~ty Clerk's office at 427-4303 or I reglstenng with the City Clerk's office on the second floor of the City Hall Building prior to the hearings If you are physmally dmabled, hearing ~mpaired, or visually impaired, and you need assistance at these hea.ngs, please call 427- 4305 Voice/TDD ~['uth H°dges ~mlth, MMC ' Ad to appear in the Sunday, Aprd 7, and Sunday April 14, 2002 Beacon NOTICE OF PUBLIC HEARING Proposed Issuance of General Obligation Bonds in the Estimated Maximum Amount of $ 59,300,000 On Tuesday, Aprd 23,2002, the Councd of the City of V~rgmla Beach, Wrglnla, will hold a pubhc hearing on the proposed msuance by the C~ty of general obhgat~on bonds in the estimated maximum amount of $59,300,000. The purpose of the bonds is to finance various pubhc facdity and ~mprovement projects, including Schools, Roadways, Coastal, Buddings, Economm and Tourism, Parks and Recreation, and other pubhc facility and ~mprovement prolects. The pubhc heanng wdl be conducted at 6:00 p.m. m Councd Chamber on the second floor of the City Hall Building, Municipal Center, Virginia Beach, Virginia Interested persons may appear at such t~me and place to present their v~ews. Individuals desiring to provide oral or written comments may do so by contacting the C~ty Clerk's office at 427-4303. If you are physically d~sabled, or hearing or visually ~mpa~red, and you need assistance at th~s meeting, please call 427-4305 Voice/TDD. Et o gesS'~ i ,MMC Note: 1. Heading to be at least 18-point size. 2. Advertisement to appear ~n the Beacon on: Sunday, Aprd 7 and Sunday, Aprd 14, 2002. NOTICE OF PUBLIC HEARING Proposed Issuance of Water & Sewer Utility Revenue Bonds in the Estimated Maximum Amount of $6,930,000 On Tuesday, Aprd 23, 2002, the Councd of the C~ty of V~rg~n~a Beach, V~rgm~a, wdl hold a pubhc hearing on the proposed ~ssuance by the C~ty of water and sewer utd~ty system revenue bonds ~n the estimated maximum amount of $6,930,000. The purpose of the bonds is to finance improvements and expansions to the C~ty's water and sewer system. The pubhc heanng wdl be conducted at 6:00 p m. m Councd Chamber on the second floor of the City Hall Building, Mumc~pal Center, Virginia Beach, Virg~ma Interested persons may appear at such t~me and place to present their v~ews. Individuals desiring to provide oral or written comments may do so by contacting the C~ty Clerk's office at 427-4303. If you are physically disabled, or hearing or wsually ~mpa~red, and you need assistance at this meeting, please call 427-4305 Vo~ce/TDD. 'Ruth Hodges S"m~th, MMC Note: 1. Heading to be at least 18-point size. 2. Advertisement to appear in the Beacon on: Sunday, Aprd 7 and Sunday, Apnl 14, 2002. Item VI-K. 1. - 29 - PUBLIC COMMENT ITEM # 49562 The followtng presented tnformatton relattve the 31s~ Project Attorney Tom Frantz, Wtlhams, Mullen, Clark & Dobbins, represented Thtrty-first Street, L C, and requested approval of the amended and restated Development ,,tgreement by and among Thtrty-first Street, L C, the Ctty and the Development Authortty The document has been submttted and stgned by thetr chent and submitted to the City along with the related documents for the purchase of the Oceanfront stte at 31s' Street and for the sale of the Beach Quarters Inn at Rudee Loop Robert F Uhrtn AIA, Archttect- Cooper Carry, 3520 Ptedmont Road, NE, Atlanta, Georgta 30305-1594, Phone (404) 23 7-2000, charged to design for Vtrgmta Beach a world class resort hotel Mr Uhrtn ctted examples of thetr archttecture downtown Norfolk Marrtot, Renatssance tn Portsmouth and Inter Harbor Marrtott Hotel tn Balttmore, Maryland (all pubhc prtvate partnershtps) The archttects were charged wtth destgntng a parktng garage, whtch dtd not look hke a garage Thetr firm wttl brtng the same experttse to the project as tn the Francts Marton Parktng Garage tn downtown Charleston Mr Uhrtn &splayed the proposed destgn Bruce L Thompson, Thtrty-first Street, L C, developer, advtsed thts tdea was first concetved tn 1987 The developer had a vtston which tncluded a 20-story landmark hotel The vtston also contemplated complete redevelopment tn accord with the Resort Concept Plan of the "Thtrty-first Street Gateway" The tntttal btd was for a 168-room hotel wtth a Datry Queen and a small park The Ctty Counctl tnqutred tf the developer was mterested tn butl&ng a 300 room four-star hotel The property was acqmred The prodect envisioned entatls approxtmately $60-MILLION, mcluchng the Ctty's contrtbutton The finance communtty wtll allow recognttton tn the development tf $55-MILLION (approxtmately $6-MILLION tn pubhc tmprovements are dtscounted) Mayor Oberndorf DECLARED A PUBLIC COMMENT PERIOD 31st Street Project The followtng regtstered to speak tn SUPPORT Attorney Donald Redmond, 331 Ferdtnand Ctrcle, 23462 Phone 497-6705 Ron Thompson, Hotel Consultant, 1012 Sable Mtst Court, Las Vegas, Nevada, 89144 The followtng regtstered to speak tn OPPOSITION: Barbara Messner, Frtends of the 31~' the Street Park, 1413 Kara Court, 23454, Phone 422-1902 Maury Jackson, Citizens 'for a Park Only On 31st Street, 1125 Dttchley Road, 23451, Phone 428-1470 Vtctorta Rtzzt, Frtends of 31st Street Park, Phone 424-0607 Ed Wilcox, 5711 Constance Court, 23462 (Mtchael Ntxon spoke on hts behalf) Robert O'Connor, Prestdent of Ctttzens Actton Coahtton, 204 52"a Street, #A, 23451, Phone 428-0902 Mtchael Ntxon, 4221-125 Pleasant Valley #138, 23464, Phone 472-2153, "Needs further study" Stacy Gardner, 546 Btltmore Drtve, 23454, Phone 270-1595 Henry Ryto, 864 Old Vtrgtnta Beach Road, 23451, Phone 428-2 763, spoke relattve theparktng garage 800- spaces not adequate Ben Krause, represented the Vtrgtnta Beach Tax Payers' Alhance , 1436 Ftve Hill Trail, 23452, Phone 490-5614, procurement expert and spoke tn opposttton Norman Kahn, 154 Lasktn Road 23451, Phone 428-3091 Mary Puryear Butler, 3300 Don Caster Road, 23452, Phone 340-3300 Nancy Burroughs, 1009 Chenquaptn Lane #202, Phone 591-8298 Al Wallace, Prestdent of Counctl of Ctvtc Organtzattons, 4601 Chtppendale Court, 23455, Phone 497-2187, requested delay of the vote on May 14th, to enable the communtty to revtew the amended documents Mr Wallace comphmented the very tnformattve presentatton There betng no further speakers, Mayor Oberndorf CLOSED THE PUBLIC COMMENT PERIOD. April 23, 2002 Item L/M. - 30- ORDINANCES/RES OL UTIONS ITEM # 49563 Upon motion by Counctlman Jones, seconded by Counctlman Branch, Ctty Counctl APPROVED IN ONE MOTION, Ordtnances la (DEFER), lb, 2 and3 and Resoluttons 1, 2, 3 andADD-ONResolutton re Pohce Agreement (Mutual Aid) with York County of the CONSENT AGENDA. Vottng 10-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker and Rosemary Wilson Counctl Members Voting Nay None Counctl Members Absent Vtce Mayor Wtlham D Sessoms, Jr Counctl Lady McClanan voted NA Yon Item M 2 and ADD-ONM 4 Pohce Agreement (Mutual Aid) with York County Aprt123, 2002 Item Ll.a. -31 - ORDINANCES/RESOL UTIONS ITEM # 49564 Upon motton by Councilman Jones, seconded by Councdman Branch, City Council DEFERRED to May 14, 2002: Ordtnances to AMEND the Ctty Code 23-58 re commercial parking lots tn Resort Tourtst Dtstrtcts Vottng 10-0 Councd Members Vottng Ave Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wzlson Council Members Voting Nay None Counctl Members Absent Vtce Mayor Wtlham D Sessoms, Jr April 23, 2002 Item Ll.b. - 32 - ORDINANCES/RESOL UTIONS ITEM # 49565 Upon motton by Councdman ,Jones, seconded by Councdman Branch, Ctty Councd ADOPTED: Ordtnances to AMEND the Ctty Code 6-16 1, 6-109, 6-110 and ADD ~ 6-121 2 re personal water craft Vottng 10-0 Councd Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr. Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, .Ir, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wilson Counctl Members Vottng Nay None Counctl Members Absent Vtce Mayor Wdham D Sessoms, Jr Aprd 23, 2002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 AN ORDINANCE AMEND THE CITY CODE PERTAINING TO PERSONAL WATERCRAFT SECTIONS AMENDED' ~ 6-16.1, 6-109, AND 6-110 SECTION ADDED' § 6-121.2 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That Section 6-121.2 is added, and Sections 6-16.1, 6-109, AND 6-110 of the City Code are hereby amended and reordained, to read as follows: Sec. 6-16.1. Recreational area for swimmzng and other water activities. (a) The City of Virginia Beach hereby finds and declares that, due to the large number of adults and children who engage in swimming, wading, crabbing, fishing and other water activities in the waters adjacent to the sand beaches of the Chesapeake Bay and the Atlantic Ocean, the operation of motorboats in such waters when close to shore presents a substantial danger to the publzc. By adoption of this section, it is the intent of the city to promote the public health, safety, welfare and good order by restrmcting the operation of motorboats in such waters, and thereby alleviating this danger. (b) During the period May 1 through October 15 of each year, from 10:00 a.m. until sunset, the area adjacent to the beaches of the Chesapeake Bay, extending one hundred (100) yards seaward from the shoreline, and extending eastward from the eastern boundary of the Little Creek Naval Amphibious Base to the western boundary of Ft. Story, along with the area adjacent to the beaches of the Atlantic Ocean, extending one hundred (100) yards seaward from the shoreline, and extending northward from the northern boundary of the Back Bay National Wildlife Refuge to the southern boundary of Ft. Story, are is hereby designated as ~ recreational area~ for swimming, wading, crabbing, fishmng and other water actmvities not involving the use of motorboats; provided, however, that the area~ so establmshed shall not be deemed to include the navigable waters 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 66 67 of the Lynnhaven Inlet. Within such designated area~, it shall be unlawful for any person to operate any motorboat except when proceeding to or from the beach or an anchorage, at an angle perpendicular to the shoreline, at the minimum speed required to maintain steerage and headway, and while maintaining a distance of no less than one hundred (100) feet from any person or persons in the water. (c) Any person engaged in the business of the rental of motorboats, and any person who provides, for a fee, a ramp or other launching services for the launching of motorboats into waters accessible to the area~ designated in subsection (b) of this section, shall be required to post, in a clear, conspicuous and sufficient manner, a sign indicating that local law prohibits any person from operating a motorboat in such designated area~ from May 1 through October 15 of each year, except when proceeding to or from the beach or an anchorage, at an angle perpendicular to the shoreline, at the minimum speed required to maintain steerage and headway, and while maintaining a distance of no less than one hundred (100) feet from any person or persons in the water. Sec. 6-109. Muffling devices for motor boats. (a) The exhaust of every internal combustion engine used on any motor boat on the waters within the city shall be effectively muffled by equipment so constructed and used as to muffle the noise of the exhaust in a reasonable manner. The mufflinq device shall exhaust at or below the water line or it shall be equipped with mechanical baffles. The use of cutouts is prohibited, except as approved by the Department of Game and Inland Fisheries or the U.S. Coast Guard. for motor boats competing in a regatta or boat race approved ao provmded mn sectmon ~-~07 and for such motor boato ' ' --- _1 .... 2 _ __ whmle on trmal ru~ls, ~u~ng a period not to =~ceed forty-emght (40) hours ir~ediately preceding such regatta or race and for such ' ' ' ' ' ' ..... 1 ....... ~ -- motorboats whmle competmng mn offmcmal trmals for ~p==u z=~u=uo 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 uu~ a perzod not to exceed fort--3-=~9~,~-'-~ = (48)~uu=s is~,edzatel3 following such regatta or race. (b) Any person convicted of violating this section shall be punished by a fine ef not more than two hundred f~fty dollars ($250.O0). Sec. 6-110. Noise created by persons aboard boat or other water craft; boat operator responsible for noise created by operation of boat. (a) It shall be unlawful and a Class 4 misdemeanor for any person, while aboard any motor boat, vessel, barge or any other water craft, whether under way, drifting, berthed or at anchor, to make or create any loud, disturbing or unreasonable noise of such character, intensity or duration as to be detrimental to the health or life of any person or to unreasonably disturb or annoy the quiet, comfort or repose of any person. (b) It shall be unlawful and a Class 4 misdemeanor for any 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 person to operate any motor boat, vessel, barge or any other water craft, whether under way, drifting, berthed or at anchor, mn such a way as to make or create any loud, disturbing or unreasonable noise of such character, intensity or duration as to be detrimental to the health or life of any person or to unreasonably disturb or annoy the quiet, comfort or repose of any person. Sec. 6-121.2 Reckless operation of a personal watercraft. A person shall be guzlty of reckless operatIon of a motorboat or vessel who operates any personal watercraft recklessly or at a speed or in such a manner so as to endanqer the life, limb or property of any person, which shall include, but not be limited to: 1. Weavinq through vessels which are underway, stopped, moored or at anchor wh~le exceeding a reasonable speed under the circumstances and traffic conditions ex~stinq at the t~me; 2. Followinq another vessel or person on water skis or other similar device, crossing the path of another vessel, or jumping the wake of another vessel more closely than is reasonable and 101 102 103 104 105 106 107 108 109 110 111 112 113 prudent, having due regard to the speed of both vessels and the traffic on and the condition of the waters at the time; 3. Crossing between the towing vessel and a person on water skis or other device; or 4. Steering toward an object or person and turning sharply in close proximity to such object or person in order to spray or attempt to spray the object or person with the wash or jet spray of the personal watercraft. A person who violates this section shall be guilty of a Class 1 misdemeanor, and for a second or subsequent offense, the court shall order the person not to operate a personal watercraft which is underway upon the waters of the Commonwealth for a period of twelve months. 114 115 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 23rd day of April, 2002. 116 117 118 119 CA-8437 DATA/ODIN/PROPOSED/06-16etalord.wpd RI March 15, 2002 Item L 2. - 33 - ORDINANCES/RES OL UTIONS ITEM # 49566 Upon motton by Councdman Jones, seconded by Councdman Branch, City Counctl ADOPTED: Ordtnance to AMEND the Ctty's open air cafd regulattons tncreasmg franchise fees based on card category, and, to clartfy and define physical and operattonal crtterta for the cafes Voting 10-0 Council Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, V/tlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Voting Nay None Counctl Members Absent Vtce Mayor Wtlham D Sessoms, Jr Aprt123, 2002 AN ORDINANCE TO AMEND THE CITY'S OPEN AIR CAF~ REGULATIONS TO INCREASE THE FRANCHISE FEES BASED ON CAF~ CATEGORY AND TO CLARIFY AND FURTHER DEFINE PHYSICAL AND OPERATIONAL CRITERIA FOR THE CAFES 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 WHEREAS, by resolution adopted November 15, 1985, City Council authorized the City Manager to promulgate Open Air Caf~ Regulations which had been drafted, reviewed, and approved 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 caf~ program; WHEREAS, the franchise fees set forth in the Regulations have not been revised since the program was established in 1985, but the resort area property values have increased over the past sixteen years; and WHEREAS, City staff along with the Resort Area Advisory Commission have recommended clarification and further definition of some of the physical and operational criteria for open air cafes; 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 increase the current franchise fee of $3.25 per square foot as follows: a. Boardwalk Caf~ square foot fees shall increase to $4.00 in 2002, $5.00 in 2003, $6.00 in 2004, and $7.00 in 2005; b. Connector Park Caf~ square foot fees shall increase to $4.00 in 2002, $4.75 in 2003, $5.50 in 2004; and $6.00 in 2005; 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 c. Atlantic Avenue Sidewalk Caf~ square foot fees shall increase to $4.00 in 2002, $4.50 in 2003, and $5.00 in 2004; d. Atlantic Avenue Sidestreet Caf~ square foot fees shall increase to $4.00 in 2002; and e. The square foot franchise fees for all open air cafes shall increase at an annual rate of three percent (3%) beginning in 2006. 2. That the City Manager is hereby authorized to amend the Open Air Caf~ Regulations to clarify and further define the physical and operational criteria for open air cafes, including' a. Fast food establishments shall not be eligible for an open air caf~ franchise; b. No cafes shall be allowed west of Pacific Avenue; c. Perimeter fences must be of a durable quality, and canopies must be of a soft top, temporary nature; d. If an applicant is required to demolish or remove a caf~ or any portion thereof, the applzcant must submit approval plans to the Department of Planning for review; e. With respect to Boardwalk Cafes, a minimum setback of ten (10) feet from the western edge of the bicycle path shall be required; f. Holiday lights and ceiling fans shall be permitted; and g. Canopies shall be prohibited on Atlantic Avenue Sidewalk Cafes. 3. That the City Manager is hereby authorized to amend the Open Air Caf~ Regulations to establish an administrative fee of one-hundred dollars ($100.00) for the processing of franchise applications. 66 67 68 69 70 71 72 73 74 75 4. That this amendment to the Open Air Caf~ Regulations shall become effective May 1, 2002. Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day of April , 2002. CA-8204 ORDIN~NONCODE~openairregs .wpd R-1 April 12, 2002 7776 APP~ONTENT- 78 ~s 79 itor 80 Development ~/ APPROVED AS TO LEGAL SUFFICIENCY- C~ty Attorney REVISED RESORT OPEN AIR CAFI~ REGULATIONS SECTION 1. GENERAL PURPOSE Rev 3/8/02 1.1 The Resort Open Air Caf6 regulations are for the RT-1, RT-2, and RT-3 zoning districts located in the resort area specifically identified as adjacent to the Boardwalk, Connector Parks, Atlantic Avenue, or Atlantic Avenue side streets. The regulations are designed to encourage cafes where they are appropriate, and promote an ambiance conducive to public health, safety, general welfare, and would serve as a public amenity. These general goals include, among others, the following specific purposes: 1.1.A To promote cafes as visual amenities which improve the appearance and pedestrian ambience of the Boardwalk, Connector Parks, Atlantic Avenue sidewalks, and Atlantic Avenue side streets. 1.1.B To preserve and enhance the character of the resort area. 1.1.C To ensure that adequate clearance is maintained for pedestrians and bicyclists adjacent to cafes. 1.1.D To establish administrative and enforcement procedures for Open Air Cafes that are effective, efficient, and enforceable. 1.1.E To promote the construction of lightweight removable structures and the most desirable use of public property. Materials permitted for use in caf6 construction are indicated in Section 5, "Caf6 Requirements". The structure must be dismantled easily and not permanently attached to adjacent building. SECTION 2. DEFINITIONS 2.1 Resort Open Air Caf6 is an outdoor restaurant directly adjoining an existing restaurant facility in the RT-1, RT-2 or RT-3 Zomng District which is exempt from additional off-street parking requirements. Cafes are franchised to operate on public property and are required to provide walter and wmtress full table service in a specific semi-enclosed space as described here~n. No portion of an Open Air Caf6 shall be used for any purpose other than dining or related c~rculat~on. Cafes must have d~rect access to the host restaurant. All cafes and the required adj acent/operating business will meet all ADA Standard disability access reqmrements 0nclud~ng rest room facilities). There are four types of cafes Category A - Boardwalk Caf6 A resort open air/boardwalk caf6 is located on public property facing the boardwalk in the RT-1 zoning district. Category B - Connector Park Caf6. A resort connector park caf6 is to be located on public property in a Connector Park in the RT-1 zoning districts. The Caf6 ~s not to extend East of the building's property line. Category C - Atlantic Avenue Sidewalk Caf6. An Atlantic Avenue sidewalk caf6 is to be located on the public sidewalk along Atlantic Avenue directly adjoining an existing restaurant facility in the RT-2 Zoning Districts. Cafes are not permitted between 15th and 24th Streets on Atlantic Avenue. Category D - Atlantic Avenue Side Street Caf6. A resort side street caf6 is to be directly adjoining an existing restaurant facihty in the RT-2 or RT-3 zoning district; is to be located on public property; and is to be located on side streets only between Atlantic and Pacific Avenues. No cafes are authorized west of Pacific Avenue. SECTION 3. RESTAURANTS NOT CONSIDERED FOR THE CAFl~ PROGRAM 3.1 Fast Food Establishments. An establishment franchised or otherwise that offers quick food service of items already prepared and held for service, or prepared, fried, griddled quickly or heated in a device such as a mmrowave oven Orders arc not generally taken at the customer's table and food is generally served from a counter in disposable wrapping or containers, exclusive of full wa~ter/wmtress table service. Fast Food establishments will not be considered for outdoor cafes. SECTION 4. ENTERTAINMENT/AMPLIFIED MUSIC 4.1 Live or recorded entertainment is allowed under the following conditions ~n all outdoor cafes: 4.1.A During the hours 12:00 p.m. to 10:00 p.m. 4.1.B Solo or duo live entertainment only. Connecting caf6 do not constitute more than one entertainment venue. 4.1.C All patrons of cafes shall be seated when being served in the caf6 area. 4.1.D The caf6 franchise agreement administrator/city officials shall have the sole discretion in determining if the music sound level emanating from the caf6 is considered loud or disturbing. Amplification of music shall be d~rected within caf6 area. 4.1.E Caf6 operators shall receive one written warning that the music is not complying to the caf6 regulations. Upon notice of a second violation, the caf6 will forfeit their entertainment within the caf6. Continued violations or disregard will be grounds to terminate the caf6 franchise agreement. SECTION 5. CAFl~ REQUIREMENTS 5.1 Category A - Boardwalk Caf6. A resort open air/boardwalk caf6 is located on public property facing the boardwalk in the RT-1 zoning district. 5.1.A Setbacks: Category A cafes shall have a minimum setback of ten (10) feet form the western edge of the bicycle path. Pending review of specific caf6 site plans, additional setbacks and clear path space may be required. 5.1.B Floor: Floor shall be a smooth clean permanent surface as required by the City of Virginia Beach Health Department. Footings, pavers and concrete flooring are permissible. 5.1.C Perimeter Fence: A perimeter fence shall be a minimum of thirty (30) inches in height and maximum 42" height. It shall be constructed of finished painted wood, factory-finished metal glass or masonry block, or a manufactured fiberglass or metal railing system. 5.1.D Canopy: Boardwalk Cafes shall have a sof~ top, temporary canopy constructed as specified herein. The canopy shall only cover the top of the Boardwalk Cafes, except that transparent vinyl or plastic curtains may be used on the sides as windbreaker. At no point shall the height of the canopy be lower than eight (8) feet above the floor of the Boardwalk Caf6. The valence of the awning shall not exceed twelve (12) inches in width. All canopies shall be constructed of fire resistant vinyl fabric or canvas as approved by the City of Virginia Beach Planning Department/Permits and Inspection Division, and shall meet all applicable Building, Structural, and Fire Codes. Supporting Structure shall be metal pipe or tube system not to exceed 2" in Diameter. Deviations shall be individually reviewed by the City. 5.1.E Fixtures: The furnishings of the interior of a resort open air caf6 shall consist solely of moveable tables and chairs and decorative accessories. In no event shall such objects penetrate the exterior perimeter boundary or the canopy. Planter boxes on caf6 railing are allowed. All movable objects required for operation of a resort caf6 shall be removed from the caf6 area and stored out of view during adverse weather conditions acclaimed by the City during, the off-season, or when the caf6 is not in operation for more than a five (5) day period. These objects include tables, chairs, furnishings, and decorative fixtures. 5.1.F Planting: Planting shall be promded and properly maintained by the owner/applicant around the perimeter of the Boardwalk Caf& Width of planting beds to be a mimmum of five (5) feet. The City Landscape Services Department shall review and approve the applicants landscape plan prior to operating the caf6. 5.1.G Access: Only one well-defined entrance opening connected to an existing or new walkway system which connects to the boardwalk should be permitted. Access will meet all ADA Standard Disability Access requirements. 5.1.H Size: The overall size of the Boardwalk Caf6 is not to exceed 800 square feet. 5.1.1 Maintenance: Cleanup and necessary maintenance of the area of a Resort Open Air/Boardwalk Caf6 including landscape areas and City property adjacent to caf6 is the sole responsibility of the designated franchmee. 5.1.J Lighting: Only incandescent lighting, candles, Christmas lights, and ceiling fans are permitted on the interior of the Boardwalk Caf6. 5.1.K Storage: Storage of any kind is not permitted on public property; including trash or refuse. 5.1.L Signs: One (1) menu board is permitted within the perimeter of the resort open air cafes. The menu board shall not be larger than five (5) square feet. The name of the establishment may be painted or sewn ~n a single location on the valence of the canopy with a maximum of eight (8)-inch lettenng. 5.1.M Bicycle Parking Area: Bicycle parking areas are recommended to be integrated with the caf6 improvements. The bicycle parking area will be approximately eight (8) feet by eleven (11) feet concrete, brick pavers, or similar paved area with a single load bicycle rack. This area will not be included in franchise caf6 area allowance, however, it should be made available for general public use. 5.2 Category B - Connector Park Caf6. A resort connector park caf6 is to be located on public property in a Connector Park in the RT-1 zoning districts. The Caf6 is not to extend East of the bmlding's property hne. 5.2.A Setbacks: Category B Cafes shall be a required to have minimum setback of ten (10) feet from the Atlantic Avenue curbline. The Caf6 is not to extend East of the building's property line. Pending review of specific caf6 site plans, additional setbacks and clear path space may be required. 5.2.B Floor: The existing paved park surface may be used. In addition to floor requirements, the floor shall be a smooth clean permanent surface as reqmred by the City of Virginia Beach Health Department. Footings, pavers and concrete flooring are permissible. 5.2.C Perimeter Fence: A perimeter fence shall be a minimum of thirty (30) inches in height and maximum 42" height. It shall be constructed of finished painted wood, factory-finished metal glass or masonry block, or a manufactured fiberglass or metal railing system. 5.2.D Canopy: Canopies are permitted but not required. If specified, canopies for Category B Cafes (Connector Park Cafes) should have a soft top, temporary canopy constructed as specified herein. The canopy shall only cover the top of Category B Cafes (Connector Park Cafes), except that transparent vinyl or plastic curtains may be used on the sides as windbreaker. At no point shall the height of the canopy be lower than eight (8) feet above the floor of the Category B Caf6 (Connector Park Cafes). The valence of the awning shall not exceed twelve (12) inches in width. Umbrellas are permitted. All canopies shall be constructed of fire resistant vinyl fabric or canvas as approved by the City of Virginia Beach Planning Department/Permits and Inspection Division, and shall meet all applicable Building, Structural, and Fire Codes. Supporting Structure shall be metal pipe or tube system not to exceed 2" in Diameter. Deviations shall be individually reviewed by the City. 5.2.E Fixtures: The furnishings of the interior ora resort open air caf6 shall consist solely of moveable tables and chairs and decorative accessories. In no event shall such objects penetrate the exterior perimeter boundary or the canopy. Planter boxes on caf6 railing are allowed. All movable objects required for operation of a resort caf6 shall be removed from the caf6 area and stored out of view during adverse weather conditions acclaimed bythe City during, the off-season, or when the caf6 is not ~n operation for more than a five (5) day period. These objects include tables, chairs, furnishings, and decorative fixtures. 5.2.F Planting: Additional planting may be required by City Staff for Category B Cafes (Connector Park Cafes). The C~ty Landscape Services Department shall review and approve the applicants landscape plan. 5.2.G Access: One well-defined opening is reqmred. Orientation of that opening will be reviewed by the City staff according to pedestrian safety and the aesthetic requirements of each location. Access will meet all ADA Standard Disability Access requirements. 5.2.H Size: The overall size of a Category B Caf6 (Connector Park Caf6) is not to exceed 800 square feet. 5.2.1 Maintenance: Cleanup and necessary mmntenance of the area of a Category B (Connector Park Caf6) including landscape areas and City property adjacent to caf6 is the sole responsibility of the designated franchisee. 5.2.J Lighting: Only incandescent lighting, candles, Christmas lights, and ceiling fans are permitted on the interior of the Category B Caf6 (Connector Park Caf6). 5.2.K Storage: Storage of any kind is not permitted on pubhc property; including trash or refuse. 5.2.L Signs: One (1) menu board is permitted within the perimeter of the resort open air cafes. The menu board shall not be larger than five (5) square feet. The name of the establishment may be painted or sewn in a single location on the valence of the canopy with a maximum of eight (8)-inch lettering. If umbrellas are used the name of the caf6 may appear on the valence of each umbrella. 5.2.M Bicycle Parking Area: Bicycle parking areas are not allowed ~n the Connector Parks. Category B Cafes (Connector Park Cafes) must use existing parking racks. 5.3 Category C - Atlantic Avenue Sidewalk Caf6. An Atlantic Avenue sidewalk caf6 is to be located on the public sidewalk along Atlantic Avenue directly adjoining an existing restaurant facility in the RT-2 Zoning Districts. Cafes are not permitted between 15th and 24th Streets on Atlantic Avenue. Canopies are not allowed for Category C cafes. However, awnings are permitted as defined in Section 5.3.D, Awnings. Category C Cafes are to be temporary in nature and designed so that all chairs, tables, planters, fences, etc. can be removed during periods of non-use. 5.3.A Setback: Category C Cafes are reqmred to be setback a m~mmum of eight (8) feet from the curbline and all obstructions in the pubhc right-of-way. Pending review of specific caf6 site plans, additional setbacks and clear path space may be required. The minimum distance shall be measured from the portion of the caf6 frontage which is nearest the obstruction. For the purpose of these guidelines obstructions shall be defined as vertical public infrastructure improvements such as traffic signal poles, sign poles, light poles, planting areas, trees, trash receptacles, benches, bike racks, parking meters, etc. 5.3.B Floor: Only the existing paving or sidewalk is to be used for placement of removable caf6 furnishings. Should the building be setback from the curb line, the development of new surfaces for seating may be permitted. 5.3.C Perimeter Fence: A perimeter fence shall be a minimum of thirty (30) inches in height and maximum 42" height. It shall be constructed of finished painted wood, factory-finished metal glass or masonry block, or a manufactured fiberglass or metal rafting system. 5.3.D Awnings: Canopies are not allowed for Category C Cafes(Atlantic Avenue Sidewalk Cafes), but awnings as allowed through the Resort Area Facade Program are permitted; awnings extending beyond the dimension permitted in the Resort Area Facade Program (3') may be permitted based on review by City staff and the Resort Advisory Commission (RAC). Umbrellas are permitted. If umbrellas are used the name of the caf6 may appear on the valence of each umbrella. 5.3.E Fixtures: The furnishings of the interior of a resort open air caf6 shall consist solely of moveable tables and chairs and decorative accessories. In no event shall such objects penetrate the exterior perimeter boundary or the canopy. Planter boxes on caf6 raihng are allowed. All movable objects required for operation of a resort caf6 shall be removed from the caf6 area and stored out of view during adverse weather conditions acclaimed by the City during, the off-season, or when the caf6 is not ~n operation for more than a five (5) day period. These objects include tables, chmrs, furnishings, and decorative fixtures. 5.3.F Planting: Perimeter planting ~n planters or planter boxes will be reqmred; selection of planting will be determined by City staff. All such planters or plantings shall be on or within the caf& 5.3.G Access: Only one well-defined entrance opemng is permitted to the caf6 area; the caf6 area must be connected to the corresponding business entrance. Orientation of that opening will be reviewed by the City staff according to pedestrian safety and the aesthetic requirements of each location. Access will meet all ADA Standard Disability Access requirements. 5.3.H Size: Category C Cafes may not cover more than the front face of the operating business building. In addition, the scale, proportion, and overall design of the caf6 shall be reviewed by City staff to ensure the caf6 is compatible with the adjacent building, the street block face, and the overall goals of the Resort ga'ea Facade Program and the Resort Streetscape Improvements. 5.3.1 Maintenance/Operation: The Category C Caf6 operator will be responsible to maintain an attractive and clean caf6 area at all times. 5.3.J Lighting: Only incandescent lighting, candles, and Christmas lights are permitted on the interior of the Category C Caf6 (Atlantic Avenue Sidewalk Caf6). 5.3.K Storage: Storage of any kind is not permitted on public property; including trash or refuse. 5.3.L Signs: One (1) menu board is permitted within the perimeter of the resort open air cafes The menu board shall not be larger than five (5) square feet. If umbrellas are used the name of the caf6 may appear on the valence of each umbrella. 5.3.M Bicycle Parking Area: Bicycle parking areas are not allowed to be installed on City Property. Category C Cafes (Atlantic Avenue Sidewalk Cafes) must use ex~sting bike racks. 5.4 Category D - Atlantic Avenue Side Street Caf6. A Category D Caf6 (Atlantic Avenue Side Street Caf6) is to be directly adjoining an existing restaurant facility in the RT-2 or RT-3 zoning district; is to be located on public property; and is to be located on side streets only between Atlantm and Pacific Avenues. No cafes are authorized west of Pacific Avenue. Category D Cafes are to be temporary in nature and designed so that all chairs, tables, planters, fences, etc. can be removed dunng periods of non-use. Canopies are allowed for Category D cafes but not required. 5.4.A Setback: Category D Cafes (Atlantic Avenue Side Street Cafes) are recommended to be setback eight (8) feet, but a minimum distance of (6) feet clear sidewalk width, free from obstruction, is required for all Category D Cafes. Pending review of specific caf6 site plans, additional setbacks and clear path space may be required. The m~nimum distance shall be measured from the portion of the caf6 frontage which is nearest the obstruction. For the purpose of these guidelines obstructions shall be defined as vertical public infrastructure improvements such as traffic signal poles, sign poles, light poles, planting areas, trees, trash receptacles, benches, bike racks, parking meters, etc. 5.4.B Floor: Only the existing paving or sidewalk is to be used for placement of removable caf6 furnishings. Should the building be setback fi.om the curb line, the development of new surfaces for seating may be permitted. 5.4.C Perimeter Fence: A perimeter fence shall be a minimum of thirty (30) inches in height and maximum 42" height. It shall be constructed of finished painted wood, factory-finished metal glass or masonry block, or a manufactured fiberglass or metal railing system. 5.4.D Canopy: Canopies are permitted but not required. If specified, a Category D Cafe (Atlantic Avenue Side Street Cafe) shall have a soft top, temporary canopy constructed as specified herein. The canopy shall only cover the top of Category D Cafes ( Atlantic Avenue Side Street Cafes), except that transparent vinyl or plastic curtmns may be used on the sides as windbreaker. At no point shall the height of the canopy be lower than eight (8) feet above the floor of the Category D Caf6 (Atlantic Avenue Side Street Cafes). The valence of the awning shall not exceed twelve (12) inches in width. Umbrellas are permitted. If umbrellas are used the name of the caf6 may appear on the valence of each umbrella. All canopies shall be constructed of fire resistant vinyl fabric or canvas as approved by the City of Virginia Beach Planning Department/Permits and Inspection Division, and shall meet all applicable Building, Structural, and Fire Codes. Supporting Structure shall be metal pipe or tube system not to exceed 2" in Diameter. Deviations shall be individually reviewed by the City. 5.4.E Fixtures: The furnishings of the interior of a resort open mr caf6 shall consist solely of moveable tables and chairs and decorative accessories. In no event shall such objects penetrate the exterior perimeter boundary or the canopy. Planter boxes on caf6 railing are allowed. All movable objects required for operation of a resort caf6 shall be removed from the caf6 area and stored out of view dunng adverse weather conditions acclaimed by the City during, the off-season, or when the caf6 is not ~n operation for more than a five (5) day period. These objects include tables, chairs, furnishings, and decorative fixtures. 5.4.F Planting: Perimeter planting in planters or planter boxes will be required; selection of planting will be determined by City staff. All such planters or plantings shall be on or w~thin the caf6. 5.4.G Access: Only one well-defined entrance opening is permitted to the caf6 area; the caf6 area must be connected to the corresponding business entrance. Orientation of that opening will be reviewed by the City staff according to pedestrian safety and the aesthetic requirements of each location. Access will meet all ADA Standard Disability Access requirements. 5.4.H Size: A Category D Caf6 (Atlantic Avenue Side Street Caf6) may not cover more than the front face of the operating business building. In addition, the scale, proportion, and overall design of the caf6 shall be reviewed by City staff to ensure the caf6 is compatible with the adjacent building, the street block face, and the overall goals of the Resort Area Facade Program and the Resort Streetscape Improvements. 5.4.I Maintenance: The Category D Caf6 operator will be responsible to maintain an attractive and clean caf6 area at all times. 5.4.J Lighting: Only incandescent lighting, candles, Christmas lights and ceiling fans are permitted on the interior of the Category D Caf6 (Atlantic Avenue Side Street Caf6). 5.4.K Storage: Storage of any k~nd is not permitted on public property; including trash or refuse. 5.4.L Signs: One (1) menu board is permitted within the perimeter of the resort open air cafes. The menu board shall not be larger than five (5) square feet. The name of the establishment may be painted or sewn in a single location on the valence of the canopy with a maximum of eight (8)-inch lettering. If umbrellas are used the name of the caf6 may appear on the valence of each umbrella. 5.4.M Bicycle Parking Area: B~cycle parking areas are not allowed to be installed on City Property, Category D Cafes (Atlantic Avenue S~dewalk Cafes) must use existing bike racks. 10 SECTION 6. ADMINISTRATION AND ENFORCEMENT 6.1 Requirements for Application In order to create a Resort Open Air Caf6, the granting of a franchise agreement will be required. Applications (per Section 6.2) will be made to the Office of the City Manager or his designated representative, the Department of Convention and Visitor Development/Resort Management Office and the Design & Planning Committee of the Resort Advisory Commission, and shall ensure continued compliance with applicable policies and guidelines in addition to those specifically stated herein. These requests will be reviewed by the Office of the City Manager or his designated representative, the Department of Convention and Visitor Development (Resort Management Office), with recommendation for approval/disapproval from the Resort Advisory Commission, and will be reviewed and acted upon by the City Council of the City of Virginia Beach. The regulations herein are intended to establish the necessary criteria with which the Resort Open Air Cafes shall first comply in order to be eligible for consideration for such a franchise agreement. Request for a variance to any of the following regulations may be reviewed by staff and the Resort Advisory Commission. Such consideration shall apply only to conditions relevant to the site and placement of the cafe, NOT construction material. Approval of the City of Virginia Beach Health Department and (when applicable) the State of Virginia Alcoholic Beverage Control Board is required for operation of Resort Open Air Cafes. A fee of one-hundred dollars ($100.00) shall be paid to the City for the processing of an application for a franchise. The City Manager or his designated representative shall not accept any application unless such fee be paid at the time application is filed. Applications for caf6 franchises to be received no later than March 1, proceeding summer season of anticipated construction and operation. No application shall be processed for the year in question that fails to meet the apphcation deadhne. The City Manager or his designated representative, ~s hereby authorized and directed to prepare and adopt a procedure for the processing of such apphcations and the reporting to City Council of any detrimental effect which requested franchise may have on the public health, safety, welfare, and interest. City Council may deny or grant a franchise subject to such terms and conditions as City Council may, in its discretion deem proper Notwithstanding any other provision of law, City Council shall deny any franchise request ~t determines, in its 11 discretion, to be detrimental to the public health, safety, and welfare or interest. 6.2 Documents and Review Required for Application Three (3) copies of a preliminary site development plan, including a current physical survey, no older than 90 days, from building to the curb line, finish schedule, a landscape plan, and elevation drawings showing canopies and their relationship to the support buildings. Engineering/Site Plan review will be necessary for cafes requiring construction of a concrete slab and/or temporary improvements in the public right-of-way. Fifteen (15) copies of the final site plan will be required and should be submitted to the Development Services Center, Room 180, at the Municipal Center Operations Building (Building//2). Photographs of the proposed caf6 site and building facade. RAC - Design Committee review and recommendation for approval/denial. Plan Content: Plans shall be prepared using a minimum scale of 1" = 10'0" and shall show by name and dimension all existing property lines, easements, buildings, and other structures, vehicular use areas (including parking stalls, driveways, service areas, etc.), proposed and existing walkway systems, and proposed Open Air Caf6. Physical survey by land surveyor showing clear path and all obstructions. Elevations: Elevation drawings shall be prepared using a minimum scale of 1" - 10'0" and shall show all existing and proposed structures directly adjoining the proposed caf6 structures. Two elevations are required: one front elevation and one side elevation and/or section drawing. Finish Schedule: Finish schedule shall include all finish materials proposed for the Open Air Caf6 construction including a landscape plan. Blueprints/Copies: All drawings shall be in reproduced form, no originals shall be accepted. 6.3 Insurance and Fees Applicant will provide liability insurance coverage not less than one million dollars ($1,000,000) for personal injury and property damage as reqmred. The franchise fee is to be determined on a gross square foot basis/per year, payable to the City of Virginia Beach no later than May of the year in affect. The fees are as follows: 12 Category A: Category B: Category C: Category D: Boardwalk Caf6 Connector Park Caf6 Atlantic Avenue S~dewalk Caf6 Atlantic Avenue Sidestreet Caf6 2001 2002 2003 2004 2005 Category A 3 25 4 00 5 00 6 00 7 00 3% ** Category B 3 25 4 00 4 75 5 50 6 00 3% ** Category C 3 25 4 00 4 50 5 00 5 00 3% ** Category D 3 25 4 00 4 00 4 00 4 00 3% ** Prior to commencement of operations the Grantee must execute a bond or letter of credit in favor of the City of Virginia Beach in the amount of ten thousand dollars ($10,000) as determined by the Public Works Department and the Resort Management Office. 6.4 Enforcement The franchise period shall be for one (1) year for the first year of operation. Based upon compliance with these regulations and the Council's desire to continue to allow Open Air Cafes, an extension of the franchise may be authorized by the City Council for up to an additional five (5) year period. During the period in whmh the franchise is in effect, the Office of the City Manager or his designated representative is to enforce the provisions of the franchise agreement, and is authorized to suspend the agreement ~f there is a violation of the agreement. In the event the C~ty determines that the Grantee has failed to properly comply with any of the terms or conditions of this Agreement, Grantee shall be given a minimum of twenty-four (24) hours and a maximum of ten (10) calendar days to remedy its non-conformance. The amount of t~me that Grantee shall be permitted to gain compliance shall be determined in the sole discretion of the City, by its authorized officer, agent, or employee. However, such time shall be reasonable and shall be based upon the level of severity of the noncompliance. If Grantee fails to effect compliance within the time allowed, the City shall have the right to suspend Grantee's operation, in whole or in part, until such time as Grantee shall remedy its non-compliance. No portion of the open air/boardwalk cafes shall open or project beyond the designated perimeters of the caf6 area. 13 SECTION 7. DEMOLITION If applicant is required to demolish or remove caf6 or any portion thereof, the applicant must submit approval plans to the Department of Planning for review. 14 REDLINE COMPARISON OF OPEN AIR CAFI~ REGULATIONS SECTION 1. GENERAL PURPOSE 1.1 The Resort Open Air Caf6 regulations are for the RT-1, RT-2, and RT-3 zoning districts located in the resort area specifically identified and as adjacent to the bBoardwalk, eConnector pParks, Atlantic Avenue or Atlantic Avenue side streets. The regulations are designed to encourage cafes where they are appropriate, and promote anti-protect an ambiance conductive to public health, safety, general welfare, and would serve as a public amenity. These general goals include, among others, the following specific purposes: m 1.1.A To promote cafes as visual amenities which improve the appearance and pedestrian ambience of the bBoardwalk, eC__onnector pP_arks, and Atlantic Avenue side streets. br. 1.1.B To preserve and enhance the character of the resort center area. er. 1.1.C To ensure adequate space clearance is maintained for pedestrians and bicyclists adjacent to cafes. dr. 1.1.D To establish administrative and enforcement procedures for Open Air Cafes that are effective, efficient, and enforceable. 1.1.E To promote the construction of lightweight removable structures and the most desirable use of land ---' "- ..... -' '---'~ ~:- ,~,u ,,,,,~ conserve thc value -"'--- ~ -- property. Materials permitted for use in caf6 construction are indicated in Section 5, "Caf~ Requirements". The structure must be dismantled easily and not permanently attached to adlacent building. SECTION 2. DEFINITIONS 2.1 pr-Resort Open Air Caf6 lS an outdoor restaurant directly adjoining an existing restaurant facility in the RT-1, RT-2 or RT-3 Zoning District which is exempt from additional off-street parking requirements. Cafes are franchised to operate ~ toeated on public property;, and are required to provides waiter and waitress full table service in a specific semi-enclosed space as described herein. No portion of an Open Air Caf6 shall be used for any purpose other than dining or circulation. Cafes must have direct access to the host restaurant. All cafes and the required adjacent/operating business will meet all ADA Standard disability access requirements (including rest room facilities). There are four t~es of cafes. · yp~, of Reso~ .... Air Cafes: Category A- Resort, ,~,peii Air/Boardwalk Caf6. A resort open air/boardwalk caf6 is located on public property facing the boardwalk in the RT-1 zoning district. Pr oar wa ,.,,.5 is required to iave .. canopy .,, sth-facc---'" ....... defined w.. 11,~.5 tO bo ......... %.,UIIDLI L{.t,.,tSU. d.D 1151 5111. Category_ B - Re$oi1 Open Air Connector Park Cafr. A resort Connector Park caf6 is to be located on public property in a Connector Park in the RT-1 zoning districts. The Caf6 is not to extend East of the building's property_ line. Canopies are not ..... _'__ _1 ___ _1 ~.1__ 1'1 ....... 1"___ _'_ ~_ !__ ~.t. ....1 .....-'___ Category C - Atlantic Avenue Sidewalk Caf& An Atlantic Avenue Sidewalk caf6 is to be located on the public sidewalk along Atlantic Avenue directly adjoining an existing restaurant facility in the RT-I or RT-2 Zoning Districts;. Cafes are not permitted except between 15th and 24th Streets where o__~n Atlantic Avenue Cafes ........ L_~L-~I_ J Category_ D - Reao~ Open Air Atlantic Avenue Side Street Cafr. A Resort Side Street Caf6 is to be directly adjoining an existing restaurant facility in the RT-2 or RT-3 zoning district; is to be located on public property; and is to be located on side streets only between Atlantic and Pacific Avenues. No cafes are authorized west of Pacific Avenue. 111 UlUSl LO t,~15~1L5 il I\5~)UIt UIJSII /'tll ~15m tll~ ~l~ltlll~ UI ~ 11~1~111~5 WIll dcsi~iated representative, ,,,~ Dcpai~nient of ~ ........ '-- and DI~ tm~ I~I~II~GIIIGIIt ~III~G) ~IU ~II~ll ~ III ~UIII~II~II~G Wltll a~ll~rUl~ ~UII~IGO 111 6UUItlUII tO tllU~ ~lli~ll~ ~t~L~ 11[1~111. I 11~ I~U~t~ Will UU i~YIGW~U U~ tll~ UIII~G UI LIIG ~lt~ IVI~I~GI UI 111} UG~I~IlrtG~ IG~IG~GIIt~tl ~G~ LIIG UG~I [IIIGIIL ~1 ~UIIYGIILI~II ~11~ Y 131 tl15 tUUII~II Ui tllU ~IL~ Ui Y II~IIIIGu USG~II. I 11515[tlllltlUll~) 11515111 lili> llltUlltlSkl tlJ ~L~UII~II LIIU llU~U~DfllJ ~ll[Ullfl ~ltll Wlll~ll tll~lk5~Ult UpUll · , Air~-~-- _1__11 ~ ......... 1 ........ 1- ' ~,,~,o,~ for a fimnchise .......... IUl ~1 ~lll~llt, ~5,i,5~L for a variance or exein ion to ashy of "-- "-" .... -'-- -'--" '- ........... J ---J ........... .J_.J ~" ............ 1 L_. _~._~1'___1 &l-_ T'~ ___~.~. A J--: ....~ ...... 2__2--__ t'~Z~._. ~ ..... :1 ......... 1 111~ U~ IU~II~U IUI ~il/~ V~l~i~ I~L~. SECTION 3. RESTAURANTS NOT CONSIDERED FOR THE CAFi~ PROGRAM 3.1 Fast Food Establishments. An establishment franchised or otherwise that offers quick food service of items already prepared and held for serv, ce, or prepared, fr, ed, griddled quickly or heated in a device such as a microwave oven. Orders are not generally taken at the customer's table and food is generally served from a counter in disposable wrapping or containers, exclusive of full waiter/waitress table service. Fast Food establishments will not be considered for outdoor cafes. SECTION 4. ENTERTAINMENT / AMPLIFIED MUSIC Live or recorded entertainment is allowed under the following conditions in all outdoor cafes: ~' .... During the hours 12:00 p.m. to 10:00 p.m. -1-: 4.1.A .... '--- ' 1~111,K;l LallllllSllL 4.1.B Solo or duo entertainment only. Connecting caf6 do not constitute more than one entertainment venue. 4.1.C All patrons of cafes shall be seated a___, .......... - ........-1 uu,.,,~ ~,.L~.L~,.,,~.~,.~ o~u when being served in the caf6 area. 4-:. 4.1.D The caf6 franchise agreement administrator/city officials shall have the sole discretion in determining if the music sound level emanating from the caf6 is considered disturbing. Amplification of music shall be directed within caf6 area. & 4.I.E Caf~ operators shall receive one written warning that the music is not complying to the caf~ regulations. Upon not, ce of a second violation, the caf~ will forfeit their entertainment within the caf6 for 6 months. Continued violations or disregard will be grounds to terminate the caf6 franchise agreement. SECTION 5. CAFl~ REQUIREMENTS 5.1 Catel~orv_ _ A- "',~o, .... [ ~,p~-~--- Air/Boardwalk and Connector Park cafes ~,,,~,, ('") feet '-':---' .......... '---'--'-'- " ..... ~" "--" "--- recommended setback often ~,, t'.J [llliillilltllll O~tU~l~ 13 tU beIULli l~.,~t] ti .t ..........edge -~"-- ~-' .... '- path ' curb ~'t- ~---~ .... "- tileVViSBtGIII UI LII~5 IYl~J?~l~ 0r a~l_ tllK> vv~3tUlll Ul tli~ UU~LIUI~aZtlIK~ 11 tile separate ..~y~.~ l'~"' ~v~ i~ot exist, ~1 L,,~a, a ~lvu [oI ,uut iiiiiiiiiiiini setback 11 UlII adjacent ....'-" ....] '-- ' l~o-,. ,~-~,,~,~private propeily lines is required for Reso~ '" I 2_/'l~_ __.J .... 11- · -,,,, ~,~,,~,,~,~,~,~ ,..,,.~,. A resort open air/boardwalk caf~ is located on public property facing the boardwalk in the RT-1 zoning district. _____.,.1 ----~' .............. --~---- _11 T'~ __ ~ ~ ....A 2_ ~ .,L -- T~----I .... I O2-1 .....11- ,L.-- ..... .~--- /'""l,f~\ .~__,t ' .~1 ...... 1--1-'_ ~'--1--~. ----~ ...... 5.1.A Setbacks: Category_ A cafes shall have a minimum setback of ten (10) feet from the western edge of the bicycle path. Pending review of specific caf6 site plans, additional setbacks and clear path space may be required. $.I.B Floor: Floor shall be a smooth clean permanent surface as required by the City of Virginia Beach Health Department. Footings, pavers and concrete flooring are permissible. 5.1.C Perimeter Fence: An~h-acfia~ perimeter fence shall be required in all resort ..... _'_/1_ _ __J ....11_ _ re, t,, ,,., o,,,~,~,~,,,~ ~,,.to ,,,, a minimum of thirty (30) inches in height and maximum 42" height. It shall be constructed of finished painted wood, factory-finished metal glass or masonry block, or a manufactured fiberglass or metal railing system. Entrance tv t.t caf6 is provided by- mn opening in "- - tilt L~tIIU IJUIlIIU{{i ~. I~{U {JUl tiUii UI trOUt t UlYtil alt/UUOi UW Ililt k~lttO OII~IIi OWIIt~ Ut L .........1 a.l__ _1__:____,a.__.1 ____2'____~. .... .L'~,a.t. ..... ~ ...... 2-- 5.1.D Canopy:~,*" "~to,,,[ Open Air/Boardwalk Cafes shall have a soft top, temporary_ canopy constructed as specified herein. The canopy shall only cover the top of the Resoi2 Open Air/Boardwalk Cafes, except that transparent vinyl or plastic curtains as approv-~tu by .Ltllt_ I-___'I-{-'__UtXlit.i,i,~ inspector' may be used as windbreaker. At no point shall the height of the canopy be lower than eight (8) feet above the floor of the Resort Open Air/Boardwalk Caf& The valence of the awning shall not exceed twelve (12) inches in width. All ~ canopies shall be constructed of fire resistant vinyl fabric or canvas as approved by City of Virg,nia Beach Building Depai-hiient Planning Department/Permits and Inspect, on Division, and shall meet all applicable Building, Structural, and Fire Codes. Supporting Structure shall be metal pipe or tube system may to exceed 2" in Diameter. Deviat,ons shall be individually reviewed by the City. 5.1.E Fixtures: The furnishings of the interior of a resort open air caf6 shall consist solely of moveable tables and chairs and decorative accessories. In no event shall such objects penetrate the exterior perimeter boundary or the canopy'or impede traii..~,..,~,,~ as required '--" .... ' ........... ,., ~.~,,~ regulations. Planter boxes on caf6 railing are allowed. All movable objects required for operation of a resort caf6 shall be removed from the caf6 area and stored out of view dunng adverse weather conditions acclaimed by the City, during the off-season, or when the caf6 is not in operation for more than a five (5) day period. These objects include tables, chairs, furnishings, and decorative fixtures. 5.1.F Planting: Planting shall be provided and maintained by the fram'hisee owner/operator around the perimeter of the Resort Open Air/Boardwalk Caf& Width of planting beds to be a minimum of five (5) feet The City Landscape Services Department shall review and approve the applicants landscape plan prior to operating the caf& 5.1.G Access: Only one well-defined entrance opening connected to an existing or new walkway system which connects to the boardwalk should be permitted. Access will meet all ADA Standard Disability Access requirements. 5.1.H Size: The overall size of the Reso~ Open Air/Boardwalk Caf6 is not to exceed 800 square feet per restaurant. 5.1.I Maintenance: Cleanup and necessary maintenance of the area of a Resort Open Air/Boardwalk Caf6 (including landscape areas) and City property adjacent to caf6 is the sole responsibility of the designated franchisee operator. 5.1.J Lighting: Only incandescent lighting and candles are permitted on the interior of the Resort Open Air/Boardwalk Caf& __t' ...... 5.1.K Refnse Storage: I'4o storage ~,, refuse ,.,~ be placed on p.~,,~ property. Storage of any kind is not permitted on public property; including trash or refuse. 5.1.L Signs: One (1) menu board is permitted within the perimeter of the resort open air cafes. The menu board shall not be larger than five (5) square feet. The name of the establishment may appear painted or sewn in a single location on the valence of the canopy :- ,,, one location with a maximum of eight (8)qnch lettenng. illlll{lg, lal¥[~ 511t~ltallilllSllt 1;~ {IlIUVVI~U tlIIUDI tlID IUIIUWlII[ ~UIIUItlUII;:). J.2,11L[.,,ltlllllilll;,lll. IIUUIi~ l/...[/t/ lJ.lll. Lt) l%/.IJIJ JJ.lll. ou,u m uuu ~lXt~,ta,,,,,,~,,t ~All~-/u-a'-oiis -~' __e._ -1--11 1-_' ....... J ;__ a.1-_ -----f'Z I.~UIII~ ~UI YUU 111 LIIU U(~IT~ The caf6I11~ ..... (lllk, llli~S1--'--sx [ ' -1- have a--eeiiien' - ~Zmlliilli~ ti atui / t.,x tyofficials--11 i~ll~J, ll thc, sole -1:..... :--in -1 ...... :------- ---~".1- -- ' ..... a I .... 1 U~3t~iZ~X lilXllXXl[ 11 ~_ ....ii_ _ _----~i ' ..... .... -- J J J; --_---1- '-- -- - ...... 1. ,----- __ ._ ,{.1__ _.-~£ ..... 1.. J-1. - - - .t,£ __ _! 11* ,1- _ -- _ * roi-reit u,~. eiit~i-taii-u~ieiit -- ':'t' ---- .1- _ ,~ ,.,,,, .,~ caf~.,,.-- 6 months. LII~ 111 5.1.M Bicycle Parking Area: Bicycle parking areas are recommended to be integrated with the caf6 improvements. The bicycle parking area will be approximately eight (8) feet by eleven (11) feet concrete, brick pavers, or similar paved area with a single load bicycle rack. TNs area will not be included in franchise caf6 area allowance, however, it should be made available for general public use. Z-ill UI tllti> fl. UUYg;; Ili>~LIJIILIUIIi} lllJl./l.~ LU l'tli}~Ul{, ~,,,UIIlIliit.,{,UI llillk ~.vlllf;~i) I~Ai.,I;,IJ{, (li~ IIU{.tiJU UUJU¥¥. 5.2 Category B - Connector Park Caf& A resort connector park caf6 is to be located on public property in a Connector Park in the RT-1 zoning districts. The Caf6 is not to extend East of the building's property hne. 5.2.A Setbacks: Category_ B Cafes shall be required to have minimum setback of ten (10) feet from the Atlantic Avenue curbline. The Caf6 is not to extend East of the bu8ildin's property line. Pending review of specific caf6 site plans, additional setbacks and clear path space may be required. 5.2.B Floor: The speeifim~ existing paved park surface may be used-~orthe p,,.,~,,x~x,, of removable -1--:-- ,.,,ax. ~ and ' _1_ 1 -- - ,,~x~. In addition to floor requirements, the floor shall be a smooth clean permanent surface as required by the City of Virginia Beach Health Department. Footings. paves and concrete flooring are permissible. 5.2.C Perimeter Fence: A penmeter fence perimeter enclosure,-.a,,-1--" be ..... x~,t,,,x~,,:--~ -'__ .L_ .~ ..... _t"----1.~ ......... -' ....1 ........ 21 .... 11----f¢ h b ltl LIIU IUIIII UI ~it-v'uIJFUtLitt[ iiees, salle a ~./i~Lllt~13, ieLllili[~, aii~l/ul mimmum of thirty (30) inches in height and maximum 42" height, It shall be constructed of finished painted wood, factory-finished metal glass or masonry block, or a manufactured fiberglass or metal railing system. 5.2.D Canopy: Canopies as defined "--' .... -1 .... 11 ........ -'.._-1 1- _. ~. Canopies are permitted but not required. If specffied, canopies for Category B Cafes (Connector Park Cafes) should have a soft top, temporary canopy constructed as specified herein. The canopy shall only cover the top of Category_ B Cafes (Connector Park Cafes_, except that transparent vinyl or plastic curtains may be used on the sides as windbreaker. At no point shall the height of the canopy be lower than eight (8) feet above the floor of the Category_ B Caf6 (Connector Park Cafes). The valence of the awning shall not exceed twelve (12) inches in width. Umbrellas are permitted. .... I___11 ......... _1 z.l~ ........ .g'~.a.1-_ ___,r,,_~ ............... z.1 ..... 1 ..... _t" ___!_ All canopies shall be constructed of fire resistant vinyl fabric or canvas as approved by Ci_ty of Virginia Beach Planning Department/Permits and Inspection Division, and shall meet all applicable Building, Structural, and Fire codes. Supporting Structure shall be metal pipe or tube system may to exceed 2" in Diameter. Deviations shall be individually reviewed bythe City. $.2.E Fixtures: The furnishings of the interior of a resort open air caf6 shall consist solely of moveable tables and chairs and decorative accessories. In no event shall such objects penetrate the exterior perimeter boundary_ or the canopy. Planter boxes on caf~ raihng are allowed. All movable objects required for operation of a resort caf~ shall be removed from the caf~ area and stored out of view during adverse weather conditions acclaimed by the C~ty, during the off-season, or when the caf6 is not in operation for more than a five (5) day period. These objects include tables, chairs, furnishings, and decorative fixtures. 5.2.F Planting: Additional planting may be required by City Staff for Reso~ Open Air Coih-iector Park Cafes Category_ B Cafes (Connector Park Cafes). The City Landscaping Services Department shall review and approve the applicant's landscape plan. 5.2.G Access: One well defined opening t~, a ~,,~,,,l~ Open Air COrl~iector Park is required. Orientation of that opening will be ~ reviewed by the City staff according to pedestrian safety and the aesthetic requirements of each location. Access will meet all ADA Standard Disability Access requirements. 5.2.H Size: The overall size of a Category_ B Caf6 {Connector Park Caf6) is not to exceed 800 square feet. 5.2.1 Maintenance: Cleanup and necessary mmntenance of the area of a ~esrrrt ~ Category_ B £Connector Park Caf6} (including landscape areas) and City property adjacent to the caf6 is the sole responsibihty of the designated franchisee ~. 5.2.J Lighting: Only incandescent lighting and candles, Christmas lights, and ceiling fans are permitted on the interior of the Category_ B Caf6 (connector Park Caf6). 5.2.K Storage: Storage of any kind is not permitted on public property; including trash or refuse. 5.2.L Signs: One (1) menu board is permitted within the perimeter of the resort open air cafes. The menu board shall not be larger than five (5) square feet. The name of the establishment may appear painted or sewn in a single location on the valence of the canopy-with a maximum of eight (8)-inch lettering. If umbrellas are used, the name of the caf6 may appear on the valence of each umbrella. 5.2.M Bicycle Parking Area: Bicycle parking areas are not allowed in the Connector Parks. Category_ B Cafes (Connector Park Cafes) must use existing parking racks. ivl/lill/ililfll~l; IV ltll trig BU~UI t /~tl Cil 1' {It, iltlU · S I/{~! illl] I li~ UtiilUIII~ (t}/}/l~Vlll~ IUI t"~-'J ..... 11_ OIU~VValI~ ~,~:1.1~ UIXt~IUa~IIIIIUIIt,'~ Will F d " ........ '-'---' ~-': .... acs e _r IU[lCld. I1 U U. lU~llll~;~, 5.3 Category C - Atlantic Avenue sidewalk Caf& An Atlantic Avenue sidewalk caf6 is to be located on the public sidewalk along Atlantic Avenue directly adjoining an existing restaurant facility in the RT-2 Zoning districts. Cafes are not permitted between 15th and 24th Streets on Atlantic Avenue. Canopies are not allowed for Category_ C cafes. However, awnings are permitted as defined in Section 5.3.D, Awnings. Catego _ry C Cafes are to be temporary_ in nature and designed so that all chairs, tables, planters, fences, etc. can be removed during periods of non-use. 5.3.A Setback: '" *" .... :- * ........ °:' ..... 11_ ~-.,, .-..,...,~ ~v~,,.~ o,.,~,~.,~ Cafes are raco~niended to be ~L _1 .... ~ ....... ~ _~ L~ /0% ~ ~ ~ ~11 --~ -~ .-- 2 ....2~ ~1 .....~1~_ ~ ~L~ ~LU~bK ~ IIIIIIIIIIUIII UI UI~IIL ~0] I~UL IIUIIi ~11 UU~LI U~LIUII~ 111 LIIU ~gOllb l I~IIL- UI-W~. fitl~lltlb ~V~IIU~ OIU~LI~L L~IU~ fll~ I~bUIIIIII~IIU~U tU U~ UI~IIL [0] 155t~ UUt fli5 15qUIISU tU U5 ~StUd~ ~ IIIIilIIIIUIII UI ~IA ~UJ IUUt IIUIII _11 · wC a,, obstFdctioiis :- .t .... t,:_ e _,_. _ e ...... ,- -,~ r~o,,~ ,,~.-o,-.~s. Cat,go_ Cafes ~e required to 5.3.B 5.3.C 5.3.D 5.3.E be setback a minimum of eight (8) feet from the curbllne and all obstructions in the public right-of-way. Pending review of specific caf6 site plans, additional setbacks and clear path space may be required. The minimum distance shall be measured from the portion of the caf6 frontage which is nearest the obstruction. For the purpose of these guidelines, obstructions shall be defined as vertical public infrastructure improvements such as traffic signal poles, sign poles, light poles, planting areas, trees, trash receptacles, benches, bike racks, parking meters, etc. Floor: Only the existing paving or sidewalk is to be used for placement of removable caf6 furnishings. Should the operating building be setback from the fight-of-way curb line, the development of new surfaces for seating may be permitted. Perimeter Fence: A perimeter fence shall be a minimum of a d l,J-llli,all 111~1.1 l. JSlllll$l~l1~111~,,,~;; ~IIL~Ii./~LIIK> ~llflll I, J5 15gllJ. ll~'gl. 111 tl15 liJllll IJl 3~II--~LI.IJI, JiJILIIIi~ ~1 ___.a. .....;1-' ...... _1 l.,zasstw~, za.,.,/~., m~u~u, fCiiCe$, thirty (30) inches in height and maximum 42" height. It shall be constructed of finished painted wood, factory-finished metal glass or masonry_ block, or a manufactured fiberglass or metal railing system. Laam~ Awnings: Canopies are not allowed for Category C Cafes (Atlantic Avenue Sidewalk Cafes), but Pr_awnings ~ as allowed through the Resort Area Facade Program are permitted; awnings-~eam:~ extending beyond the d~mension permitted in the Resort Area Facade Program (3') may be permitted based on review by City staff and the Resort ~. .......... .LI_ _ Advisory_ Commission (RAC).. . L,, ~,.~,l~ L.~ canopy is _J; .... a 1~___'1_1~' ...... _1 .,.1__ -.,-----~. 1-1---1- _t, ...... _1 ~.1 ...........~'_ ____~C ........ ~-L--,1 ., the ---'-'-- ~,~,~,.,~ fight-of-way. Umbrellas are permitted. If umbrellas are used, the name of the caf6 may appear on the valence of each umbrella. Fixtures: The fumishings of the interior of a resort open air caf6 shall consist solely of moveable tables and chairs and decorative accessories. In no event shall such objects penetrate the exterior perimeter boundary or the canopy. Planter boxes on caf6 railing are allowed. All movable objects reqmred for operation of a resort caf6 shall be removed from the caf6 area and stored out 5.3.F of view during adverse weather conditions acclaimed by the City, during the off-season, or when the caf6 is not ~n operation for more than a five (5) day period. These objects include tables, chairs, fumishings, and decorative fixtures. Planting: Perimeter planting in planters or planter boxes will be required; selection of planting will be determined by City staff. All such planters or plantings shall be on or within the caf6. 5.3.G Access: Only one well defined entrance opening is permitted to the caf6 area; the caf6 area must be connected to the corresponding business entrance. Orientation of that opening will be reviewed by the City staff according to pedestrian safety and the aesthetic requirements of each location. Access will meet all ADA Standard Disability Access requirements. 5.3.H Size: The o,,~t,,:,,~,.~,~,t Catego _ry C Cafes may not cover more than the front face of the operating business building. In addition, the scale, proportion, and overall design of the caf6 shall be reviewed by City staffto ensure the caf6 is compatible with the adjacent building, the street block face, and the overall goals of the Resort Area Facade Program and the Resort Streetscape Improvements. 5.3.I Maintenance/Operation: The Sidewalk Caf~ CategoryC Caf6 operator will be responsible to maintain an attractive and clean caf6 area at all times. /'"n 1 ...... ' · ,~,~,,.up &qd neeessa,-y maintenance of .,~ ~ of ~ Rcso~ Open Air illtU ~/tlOll~ l~ilt-Ul- Lilt l./ti illl~ Ltl 5.3.J Lighting: Only incandescent lighting, candles, and Christmas lights are permitted on the interior of the Category_ C Caf6 (Atlantic Avenue Sidewalk Caf6). 5.3.K Storage: Storage of any kind is not permitted on public property; including trash or refuse. 5.3.L Menu Boards Signs: One (1) menu board is permitted within the perimeter of the resort open air cafes, r,,--,-,- - ---, ,-,--,,- ~,~0~,~ ~,,~,~ menu boards or easels placed v,,,,,,,, ,,,t ~,t,,,,,t,t~ ,,. ,,,~ ~,,.t .,,, ot pt.,,,,,t.. The menu board will-be no shall not be larger than five (5) square feet. If umbrellas are used, the name of the caf6 may appear on the valence of each umbrella. l'tillll3illll~, lilt ltlllllhlllll~ ~91 tilt lllttll~)l ~)l tilt L~tllt ~)IlClll UUII31~L UI tcinporacy fixtures; no pci-iiiaient : .................... . _- 11 1_.1___ 10 5.3.M Bicycle Parking Area. Bicycle parking areas are not allowed to be installed on City Property. Category_ C Cafes (Atlantic Avenue sidewalk Cafes) must use existing bike racks. 5.4 Category D - Atlantic Avenue Side Street Caf& A Category_ D Caf6 (Atlantic Avenue Side Street Caf6) is to be directly adjoining an existing restaurant facility in the RT-2 or RT-3 zoning district; is to be located on public property_; and is to be located on side streets only between Atlantic and Pacific Avenues. No cafes are authorized west of Pacific Avenue. Category_ D Cafes are to be temporary_ in nature and designed so that all chairs, tables, planters, fences, etc. can be removed during periods of non-use. Canopies are allowed for Category D cafes but not required. 5.4.A Setback: Category D Cafes (Atlantm Avenue Side Street Cafes) are recommended to be setback eight (8) feet, but a minimum distance of(6) feet clear sidewalk width, free from obstruction, is required for all Category D Cafes. Pending review of specific caf6 site plans, additional setbacks and clear path space may be required. The minimum distance shall be measured from the portion of the caf6 frontage which is nearest the obstruction. For the purpose of these guidelines obstructions shall be defined as vertical public infrastructure improvements such as traffic signal poles, sign poles, light poles, planting areas, trees, trash receptacles, benches, bike racks, parking meters, etc. 5.4.B Floor: Only the existing paving or sidewalk is to be used for placement of removable caf6 furnishings. Should the building be setback from the curb line, the development of new surfaces for seating may be permitted. 5.4.C Perimeter Fence: A perimeter fence shall be a minimum of thirty (30) inches in height and maximum 42" height. It shall be constructed of fimshed painted wood, factory-finished metal glass or masonry block, or a manufactured fiberglass or metal railing system. 5.4.D Canopy: Canopies are permitted but not required. If specified, a Category D Caf6 (Atlantic Avenue S~de Street Caf6) shall have a soft top, temporary canopy constructed as specified here~n. The canopy shall only cover the top of Category D Cafes ( Atlantic Avenue Side Street Cafes), except that transparent vinyl or plastic curtains may be used on the sides as windbreaker. At no point shall the height of the canopy be lower than e~ght (8) feet above the floor of the Category D Caf6 (Atlantm Avenue Side Street Cafes). The valence of the awning shall not exceed twelve (12) inches in width. Umbrellas are permitted. If umbrellas are used the name of the caf6 may appear on the valence of each umbrella. All canopies shall be constructed of fire resistant vinyl fabric or canvas as approved by the City of Virginia Beach Planning Department/Permits and 11 Inspection Division, and shall meet all applicable Building, Structural, and Fire Codes. Supporting Structure shall be metal pipe or tube system not to exceed 2" in Diameter. Deviations shall be individually reviewed by the Ci.ty. 5.4.E Fixtures: The furnishings of the interior of a resort open air caf6 shall consist solely of moveable tables and chairs and decorative accessories. In no event shall such objects penetrate the exterior perimeter boundary_ or the canopy. Planter boxes on caf6 railing are allowed. All movable objects required for operation of a resort caf~ shall be removed from the caf~ area and stored out of view during adverse weather conditions acclaimed by the City dunng, the off-season, or when the caf6 is not in operation for more than a five (5) day period. These objects include tables, chairs, furnishings, and decorative fixtures. 5.4.F Planting: Perimeter planting in planters or planter boxes will be required; selection of planting will be determined by City staff. All such planters or plantings shall be on or within the caf6. 5.4.G Access: Only one well-defined entrance opening is permitted to the caf6 area; the caf6 area must be connected to the corresponding business entrance. Orientation of that opening will be reviewed by the City staff according to pedestrian safety and the aesthetic requirements of each location. Access will meet all ADA Standard Disability Access requirements. 5.4.H Size: A Category_ D Caf6 (Atlantic Avenue Side Street Caf6) may not cover more than the front face of the operating business building. In addition, the scale, proportion, and overall design of the caf6 shall be reviewed by City staff to ensure the caf6 is compatible with the adjacent building, the street block face, and the overall goals of the Resort Area Facade Program and the Resort Streetscape Improvements. 5.4.I Maintenance: The Category_ D Caf6 operator will be responsible to maintain an attractive and clean caf6 area at all times. 5.4.J Lighting: Only incandescent lighting, candles, Christmas lights and celhng fans are permitted on the interior of the Category D Caf6 (Atlantic Avenue Side Street Caf6). 5.4.K Storage: Storage of any kind is not permitted on public property; including trash or refuse.. 5.4.L Signs: One (1) menu board is permitted within the perimeter of the resort open air cafes. The menu board shall not be larger than five (5) square feet. The name of the establishment may be painted or sewn in a s~ngle location on the valence of the canopy with a maximum of eight (8)-inch lettering. If 12 umbrellas are used the name of the caf6 may appear on the valence of each umbrella. 5.4.M Bicycle Parking Area: Bicycle parking areas are not allowed to be installed on Ci_ty Property, Category_ D Cafes (Atlantic Avenue Sidewalk Cafes) must use existing bike racks. 9:. SECTION 6. ADMINISTRATION AND ENFORCEMENT aw. 6..! Requirements for Application Fk~}JIIL~I~LIUII~ IUI l1 llllll~lll3~ IUI tll~ UJJ~IIILIUII tYl tJJl UIJ~II Fkll ~1~ Blldll U~ III~U~ th ~=---~- ~'~--M ag --~:-d 'g d .......... ~':--- * ~-- -~ IIUIIUI ¢U UUII~ D [~ I VU.VV] DIIGII U5 palU to tll~ ~lt~ iUl tll~ ~lU¢~lll[ Ul fill _~ 2 __ 2 ~ ....... ~ I 2__ ~L - ~2~-- i · .... 1_2 J _2 ~ J .... 2___ 1 I ~ ...................... ~ ~ ~_ _~ _ ......... ~ .... 1:__~ ..... 1 ..... ._ 1_ ~-_ ~ _ ~--~J -~ ~t_ ~: ........ 1:---~---- : - ~1 -- J IIUL abbg~t ally a~iibatlUll Uillg~3 ~Ubil iWG Ug ~aiU at LIIG tlliiG dp~ilbatlUll 1~ ilIGU, ~llb6tlUll~ IUl b~lG il 611blll~G~ LU UG 1GbGI V GU IIU I~LGI tll~l i' GUI ~y i ) ~IUbGGUIII~ In order to create a Resort Open Air Caf6, the granting of a fi'anchise agreement will be required. Applications (per Section 6.2) will be made to the Office of the City Manager or his designated representative, the Department of Convention and Visitor Development/Resort Management Office and the Design & Planning Committee of the Resort Advisory Commission, and shall ensure continued compliance with applicable policies and guidelines in addition to those specifically stated herein. These requests will be reviewed by the Office of the City Manager or his designated representative, the Department of Convention and Visitor Development (Resort Management Office), with recommendation for approval/disapproval from the Resort Advisory_ Commission, and will be reviewed and acted upon by the City Council of the City of Virginia Beach. The regulations herein are intended to establish the necessary criteria w~th which the Resort Open Air Cafes shall first comply in order to be eligible for consideration for such a franchise agreement. Request for a variance to any of the following regulations may be reviewed by staff and the Resort Advisory_ Commission. Such consideration shall apply only to conditions relevant to the site and placement of the caf6, NOT construction material. Approval of the City of Virginia Beach Health Department and (when applicable) the State of Virginia Alcoholic Beverage Control Board is required for operation of Resort Open Air Cafes. A fee of one-hundred dollars ($100.00) shall be paid to the C~ty for the processing of an application for a franchise. The City Manager or his designated representative shall not accept any application unless such fee be paid at the time apphcation is filed. Applications for caf6 franchises to be received no later than March 1, 13 proceeding summer season of anticipated construction and operation. No application shall be processed for the year in question that fails to meet the application deadline. The City Manager or his designated representative, is hereby authorized and directed to prepare and adopt a procedure for the processing of such applications and the reporting to City Council of any detrimental effect which requested franchise may have on the public health, safety, welfare, and interest. City Council may deny or grant a franchise subject to such terms and conditions as City Council may, in its discretion deem proper Notwithstanding any other provision of law, City Council shall deny any franchise request it determines, in its discretion, to be detrimental to the public health, safety, and welfare or interest. b:. 6.2 A-dditionat Documents and Review Required for Application Three (3) copies of a preliminary site development plan, including a current physical survey, no older than 90 days, from building to the curb line, finish schedule, a landscape plan, and elevation drawings showing canopies and their relationship to the support buildings. Engineering/Site Plan review will be necessary for cafes requiring construction of a concrete slab and/or pennan-em temporary improvements in the public right-of-way. Fifteen (15) copies of the final site plan will be required and should be submitted to the Development Services Center, Room 180, at the Municipal Center Operations Building (Building//2). Photographs of the proposed caf6 site and building facade. RAC - Design Committee review and recommendation for approval/denial. Plan Content: Plans shall be prepared using a minimum scale of 1" = 10'0" and shall show by name and dimension all existing property lines, easements, buildings, and other structures, vehicular use areas (including parking stalls, driveways, service areas, etc.), proposed and existing walkway systems, and proposed Open Air Caf6. Physical survey by land surveyor showing clear path and all obstructions. Elevations: Elevation drawings shall be prepared using a minimum scale of 1" = 10'0" and shall show all existing and proposed structures d~rectly adjoining the proposed caf6 structures. Two elevations are required: one front elevation and one side elevation and/or section drawing. Finish Schedule: Finish schedule shall include all finish materials proposed for the Open Air Caf6 construction including a landscape plan. Blueprints/Copies: All drawings shall be in reproduced form, no originals shall be accepted. 14 e-:. 6.3 Insurance and Fees Applicant will provide liability insurance coverage not less than one million dollars ($1,000,000) for personal injury and property damage as required. The franchise fee is to be determined on a gross square foot basis/per year, payable to the City of Virginia Beach no later than May of the year in affect.. (T,h¢ l%e niay va,-~ ...... ' .... ' .... ' ........ '-- dj -' "'" "~ "-- yt,~,y, ,,~ fct is t~,,,t,,,y a ustcd ,,L ,,_,.~.., s.f. l,,, l~,:..,~. The fees are as follows: Category_ A: Category_ B: Category_ C: Category_ D: Boardwalk Caf6 Connector Park Caf6 Atlantic Avenue Sidewalk Caf6 Atlantic Avenue Sidestreet Caf6 2001 2002 2003 2004 2005 Cateltorv A 3 25 4 00 5 00 6 00 7 00 3% ** Cater,orr B 3 25 4 00 4 75 5 50 6 00 3% ** Cate~torv C 3 25 4 00 4 50 5 00 5 00 3% ** Cateltory D 3 25 4 00 4 00 4 00 4 00 3% ** 6.4 Prior to commencement of operations the Grantee must execute a bond or letter of credit in favor of the City of Virginia Beach in the amount of ten thousand dollars ($10,000) as determined by the Public Works Department and the Resort Management Office. fi ~)tttlllL,y Uti./U~III UUIIki 1,~'111 Ut lt%,lUlltU ~:1~) UtLtllllllltU U,,)'tilt I BUilt ¥¥ UIK~ /llg5 lll:l,l.'L, lllDt YYIII IJ~5 ID~IJ. tL[ I,~.t Lilt I./I.[llLllll~.~ ~JYYIItl. Enforcement The franchise period shall be for one (1) year for the first year of operation. Based upon compliance with these regulations and the Council's desire to continue to allow Open Air Cafes, an extension of the franchise ---:"-,~,,, ,,,~ ......... ,~,,,,,L'- .... niodifications may be authorized by the City Council for up to an additional five (5) year period. During the period in which the franchise is ~n effect, the Office of the City Manager or his designated representative is to enforce the provisions of the franchise agreement, and is authorized to suspend the agreement if there is a violation of the agreement. 15 In the event the City determines that the Grantee has failed to properly comply with any of the terms or conditions of this Agreement, Grantee shall be given a minimum of twenty-four (24) hours and a maximum of ten (10) calendar days to remedy its non-conformance. The amount of time that Grantee shall be permitted to gain compliance shall be determined in the sole discretion of the City, by its authorized officer, agent, or employee. However, such time shall be reasonable and shall be based upon the level of severity of the noncompliance. If Grantee fails to effect compliance within the time allowed, the City shall have the right to suspend Grantee's operation, in whole or in part, until such time as Grantee shall remedy its non-compliance. No portion of the open air/boardwalk cafes shall open or project beyond the designated perimeters of the caf6 area. '1"i1___ t"l___.~___~.. 1~1 ..... 1__11 1_ ......... _1 .......... ;__; ........... 1-- _.f 1t1 __ 1/!1/~11 ____1 _1__11 _'L .... 1_ ......... J J; ...... ~'___ _11 __2_a_! U~/ lift. III50. IIU. U. IIII~IIDIUII fiji 5AIDLIII~ ' __._11 ......... J cx~sting ~ ~ ~j s~-stenis,~ proposed --- Air '1'?;~-'__1- C1__1__ ____1__1__.T~..~'__~'_1- .......... 1- _1__1_ 1-_11 L__1___1_ --11 ~ 1_ .... ~- ! _1 ............. J _t~ ~.L _ t'~ A~'-- f IIIIDII OtAISU. U. 15. f IIIIDII i)bllSUtll~.,, OllO. ll lllbltlU5 I:111 IIIIIDII 111t11.5111:11i~ IJl UIJUOtiSU IUl 1.115 UIJK.,II /-'kll kaJ,15 ~UII~LI IAbLIUII. l.}ltlli>lJl lllLD/k,~UlJlS~. /'tll UI llVY 1111~00lli{ll U[; Ill 15[JIUUUt, A,,~U IUI Ill, ItU UI l{~llllllO ~llfl, ll U5 llt,.,,t,.,,SiJ LSU. SECTION 7. DEMOLITION If applicant is required to demolish or remove caf6 or any portion thereof, the applicant must submit approval plans to the Department of Planning for review. F \UserskRIngram\WP\WORK\Ordmances\Open Air Caf~ Regulatlons~regcompare wpd 16 Item L. 3. - 34- ORDINANCES/RES OL UTIONS ITEM # 49567 Upon motion by Counctlman Jones, seconded by Counctlman Branch, Ctty Counctl ADOPTED: Ordtnance to A CCEPTand APPROPRIA TEa $25,000 grant from Lowe's Home Safety Counctl to the Ftre Departments's FY 2001-2002 operattng budget re new displays for the Vtrgmta Martne Sctence Museum and esttmated revenues be tncreased accordtngly Votzng i0-0 Counctl Members Vottng Ave Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Vtce Mayor Wzlham D Sessoms, Jr Aprtl 23, 2002 10 11 12 13 14 15 16 17 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $25,000 GRANT FROM LOWE'S HOME SAFETY COUNCIL TO THE FIRE DEPARTMENT'S FY 2001-02 OPERATING BUDGET TO FUND NEW DISPLAYS FOR THE MARINE SCIENCE MUSEUM WHEREAS, the City of Virginia Beach's Fire Department has been awarded a $25,000 grant from Lowe's Home Safety Council to construct new displays for the Virginia Marine Science Museum's Weather Room, and this grant requires no matching funds. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a $25,000 grant from Lowe's Home Safety Council is hereby accepted and appropriated to the Fire Department's FY 2001-02 Operating Budget to fund additional displays at the Virginia Marine Science Museum, and estimated revenues are hereby increased accordingly. 18 19 Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day of April , 2002, 20 21 22 23 24 25 26 27 28 29 CA-8457 Ordin/Noncode/lowesord.wpd R-1 April 4, 2002 APPROVED AS TO CONTENT' Department of Ma~a s APPROVED AS TO LEGAL SUFFICIENCY- Department o f~L~w LOWE'S HOME SAFETY COUNCIL March 12, 2002 Battalion Chef Donna Brehm Cttv of Vtrg~ma Beach Fire Department 2408 Courthouse Drive. Mumc~pal Center, Budding 21 Virgurua Beach, VA 23456-9065 Dear Cluef Brehm T'ms letter comes to you as the formal confu'maaon of the Lowe's Home Safety. Council's ("LHSC'~ gram to the City of Virginia Beach Fire Department ("Grantee"). The grant, in the amount of $25,000, is to be used by Grantee for the creation, construction and promotion of a hurncane preparedness ~xla~bit at the Virgima Marine Science Museum ("the Program"), beginning March 2002 and ending January. 2003 Tl~s amount ~s to cover out-of-pocket costs and ~cpenses recurred during the Program. Included w~th th~ grant letter is the Program Services Agreement. Please note that this grant is contingent upon Grantee s~gmng the Program Services Agreement and rc~xu'ning it to LHSC along vath Grantee's Certificate of Insurance evidencing the insurance requirements set forth in the Agreement. Sincerely yours, David J. Oliver Executive Director Lowe's Home Saf,~y Council Elana E. Meats Program Manager Lowe's Home Safety Council PROGRAM SERVICES AGREEMENT THIS PROGRAM SERVICES AGREEMENT. (heremafler referred to as the "Agreement") t~ hereby made thts 12th day of March, 2002 ("Effective Date"), by and benveen Lowe's Home Safety Counmi ("LHSC") w~th offices located at 1605 Cures Bridge Road, Wilkesboro, North Carohna 28697 and V~rgmm Beach Ftre Department ("Grantee") w~th a mmhng address of 2408 Courthouse Drive. Mummpal Center, Building 21, Virg~ma Beach. VA 23456-9065 WHEREAS, LHSC Is a charitable orgamzanon winch strives to empower mchv~duals, farmhes and commumUes to make their homes sager places; and WHEREAS, Grantee is a customer service orgamzauon parmermg w~th commumues, members, c~ttzens and vmtors to foster the feeling of safety, any place, any ume through planning, mmgauott, response and restomnon; and WHEREAS, In March 1999 the C~ty of Virginia Beach was named a FEMA ProJect Impact City, focusing on "Building a Dtsaster Resistant Commumty;" and WHEREAS, The VBFD and Project Impact have partnerships or memberstups wrth the following groups: AARP, American Red Cross, Intemanonal Association of Emergency Managers, National F~re Protection Association and the National Safety Council. WH[EREAS, Lowe's is also a Nanonal Partner in FEMA's ProJect Impact; and WHEREAS, In 2000, Virginia Marine Science Museum (VMSM) joined the ProJect Impact team to help educate the public on how to prepare for disasters - the VMSM opened June 15, 1986 and immediately became the highest attended museum in the state; and WHEREAS, VSMS's mission is to increase the public's knowledge and appreciation of Virginia's marine environment and inspire commitment to preserve its existence and has an annual attendance of 600,000; and WHEREAS, Grantee desires to partner with Lowe's Home Safety Council on a Disaster Preparedness Exhib/t; and WHEREAS, LHSC and C.n'antee have agreed to set forth thc terms and conditions associated with the services provided by Grantee through the Program. NOW, THE~FO~, in comsidemtion of the mutual covenants and premises set forth herein and other good and valuable consideration, including the monetary grant from LHSC to C. wam~, thc receipt and sufficiency of which are hereby acknowledged, the parties, intending to be legally bound do hereby agree as follows: I. Services to be. Performed by G~nte*. Services to be performed by ~ through thc Program arc set forth on ExPloit "A', attached hereto and made a part hereof ("Services"). 2. Term ofAtreemcnt.- the grant lett~. This Agremn~ shall commence and terminate on the dates set forth in 3. Proeram Goals; Quantifiable Obiectiv_~_. The parties have agreed to certain program goals and quanfifmble objectives that are forth on Exhib/t "A'. 4 Grant Payment Schedule and Proiect Timeline LHSC will remit payment of the grant vm multiple checks to Grantee upon receipt of written mvotces from Grantee Imtlal payment will be m. ade upon LHSC's receipt of the s~gned Agreement and Grantee's Cemficate of Insurance Invoices should be marled to Lowe's Home Safety Council, 1605 Curus Bridge Road. Wflkesboro, North Carohna 28697, attentton LHSC Grants Program. The ProJect umehn¢ ~s set forth m Exhibit "A" 5 Amendment of Exhibits and Schedules. All E.,dubtts and Schedules attached to tins Agreement shall be governed by the terms thereof. However, any Extub~t or Schedule may be replaced or amended by written agreement of the part~es hereto and such replacement or amendment shall m no way invahdate, void or cause the termination of this Agreement ff the terms of the Exhibits or Schedules comehct with flus Agreement, the terms ofttus Agreement shall control. 6 Ownership of Mat..edais. be the property of LHSC. All matenals developed and used during the course of the Progratn will 7. Confidentiality. 7 I Aay mformauon, including but not limited to customer idenlaties, customer profiles, market research data, sales information, or any other business informanon of any kind, commumcated by either party to the other party in the course of performance under flus Agreement shall be considered ¢onfidentml and proprietary informatmn under the terms of this Section. The pames shall take reasonable steps to protect the confidentiality thereof and to prevent its disclosure to any third pames. The parties shall use all such information only for purposes of performance under flus Agreement, and not for any other purpose whatsoever. The obligations ofth~ Sectioa shall survtve the termination of thi_n Agreement. 7.2. Information communicated pursuant to this Agreement shall not be considered confidential and shall not be subject to the provisions of Section 7.1 if the information: 7.2. I has become known to the public through no fault, act or omission of the receiving party; 7.2.2 was already known to thc receiving party at thc timc of disclosure as proved by prior documents or records; 7.2.3 was disclosed to the receiving party by a third-party who has no obligation to maintain thc information in confidence; 7.2.4 is ordered to be released pursuant to a court order issued by a court of compctent jurisdiction or otherwise legally rcqu~ to be disclosed, but in such case thc party so ordered or required to disclose shah notify the other party of such order or requirement prior to disclosure; or 7.2.5 is the subject of an express agreement in writing by the originating party to release such inform~on from thc terms ofth;-~ Agreement. 8. rublidty. 8.1. LHSC shah not, without C. nantce's prior written approval, use Grantce's name, service marks or wademarks for any marketing advertising, sales or promotional purpose. ,~ 2 Grantee shall not, w~thout LHSC's prior written approval, use LHSC's name, service marks or trademarks for any markeung, advert,stag, sales or promouonal purpose Relationship of Parties. Noth,ng tn th~s Agreement shall be construed as creating an employment relat~onslup, parmersh~p or joint venture between Grantee and LHSC 10 No Authority to Bind LHSC. Grantee has no authority to enter into contracts or agreements on behalf of LHSC 11 Declaration bv Grantee. Grantee declares that Grantee has complied or wall comply w~th all federal, state and local laws regarding business permits and licenses that may be reqmred to carry out ~ obligauons under this Agreement. 12 Notices. Any notices, authorizations, consents or approvals called for hercnmder shall be in writing. All written nouces are to be delivered personally or sent by overmght delivery service or certified mail, r~trn receipt requested, and shall be sent to the part~es at their respective offices located at their addresses set forth below Any not~ce vail be deemed to have been received by a party, the next day ff sent by overnight delivery., and vnthm 3 (three) days from the date sent ff gnven by certffied mail, return receipt requested. For LHSC: Lowe's Home Safety Council 1605 Cures Bridge Road Wilkesboro, NC 28697 Arm: Elana Meats, Grants Program Manager For Grantee: City of Virginia Beach 2408 Courthouse Drive, Municipal Center, Building 21 Virginia Beach, VA 23456-9065 Arm: Battalion Chief Donna Br~hm 13 Assienability. This Agreement may not be assigned, in whole or in part, by either party without thc other party's prior written consent. This Agreement shall be binding upon and shall inure to thc benefit of LHSC, Grantee and their re, peeve successors and permitted assignees. 14. Indemnification. Crmnt~ will indenmi~, defend and hold LHSC free and harmless against any suit, claim, loss, liab/lity or expense (including reasonable attorney's fees) to the extent aris~ out of or as a result of ~'s performance or non-performance of Services pursuant to this Agre~nent~ 15. Choice of Law. This Agreement shall be governed with respect to all issues of formation, construction, performance and breach by the substantive laws of the State of North Carolina, applied without regard to its choice of law rules. 16. Headings. The Section and Subsection headings of this Agreement are solely for the purpose of reference and shah not in any way affect the meaning or interpretation of this Agreement 17. Non-Waiver. Either party's delay in or failure to enforce any right, obligation or r~nedy hereunder shall not constitute a waiver of any later enforcement of that same right, obligation or remedy or of any other ri~ht~ obli~tion or remedy under thi.~ Agreemeat. 18. ,~-verabHity. If any part of this ~ent shah be held unenfo~le, the remainder of this Agreement will nevertheless remain in full force and effect. 19. Entire Agreement. This ~s the entire agreement ot thc partzcs and cannot be changed or modified orally, rather any modification to this Agreement wdl be binding on the parties oniv tf ~n writing and approved by both parties . IN WITNESS WHEREOF. the paxt:es. ~ntenchng to be legally bound hereby, have caused th~s Agreement to be executed and do each hereby warrant and represent that their respectave s~gnatory, whose s~gnature appears belo~v has been and is on the date set forth below, duly authorized, by ail necessary, and appropriate actton, to execute thts Agreement LOWE'S HOME SAFETY COUNCIL Bv' David J Ohver Its Executive Director (Tale) Date · GRANTEE, I[ / v JMes Spore Its-/~'~. ~iw Manager (Title), Exh~b,t A Services to be Prov,ded by Grantee through the Program * Grantee w~ll prowde LHSC vnth dctmled specs for the proposed extub~t at VMSM No construcuon, computer progranumng or brochure pnnung wall commence unul LHSC has approved the exhibit plan. · Grantee wall develop a brochure for the exhibtt OR wall include LHSC mformauon on e.mstmg brochure - grantee will work with LHSC to make demsion. LHSC wall provide access to low-cost printing options. · Grantee wall only use LHSC grant money for design, constmcuon and pnnted materials for the humcane preparedness exlubit. · Grantee wall create an online "LHSC/VMSM Dtsaster Preparedness Exhzbit" that would be hosted by both the VMSM and by LHSC. · Grantee wall mention exhibit in two public programs during the months of August through October 2002. These programs would include VMSM, Va. Beach Emergency Management and VBFD Life S~ Education. · Grantee will provide monthly actiwty reports to LHSC (v~a e-mad to elana e mears,~lloweshomesafety erg) by the 5u' of each month, deta,ling the previous month's · Grantee will design and construct a permanent plaque al the exhibit to recognize LHSC's involvement in the project. Plaque face should measure no less than 8 x 10 inches and be durably constructed. Plaque must be approved by LHSC. · Grantee will complete a final report by January 2004 that shows how successful the grantee was at achieving the quanufiable objectives below. (Virginia Marine Science Musetun will be responsible for survey admmistrauon and follow up, as well as formulation of those evaluation results.) Ouantifiable Objectives. Create an interactive disaster preparedness exhibit at VMSM. Create a co-branded disaster prep~ess brochure. Distffoute 10,000 brochures from June 2002 until December 2002. · Conduct exit interviews of al least 100 people over a four-day period (total interviews of 100-400 people) between August I and September 30, 2002. · Exit interviews will show that 50 percent of attendees learned something that they can use to protect their home or themselves; surv~ will specifically ask respond~ to list 1-3 lessons they plan to implement at home (this information will be used during Tollow-up calls). · Follow-up phone calls with surveyed attendees (to take place no sooner ~ three weeks and no more than three months after attendee's visit to VMSM) will show that al least 50 percent of attendees who learned something al the exlfibit implemented the lesson(s) learned since their museum visit (i.e. building a disaster prep kit, putting phone their hurricane p~-pamtness plan, posting Red Cross numbers, r=vi~ escape route w/family, etc.) · Cr~ue an online presence for the exhibit and LHSC at VMSM's Web site. · Collect a total 500,000 bits (unique page views) on the onUne e~u~it description page on VMSM's Web site. IH. Project Timeline' Grantee Deliverables and Grant Pavment Schedule LHSC will remit payment via multiple bank checks to Grantee upon receipt of written invoices from Grantee. Inmal payment will be sent automatically upon receipt of signed agreement. Subsequent payments will require invoice from Grantee as indicated below. Signed letter of agreement and invoices should be mailed to Lowe's Home Safety Council, 1605 Curtis Bridge Road, Wilkesboro, N.C., 28697, attn: LHSC Grants Program. The final report should be received no later than ]anuary 31, 2003 G~ ddiverable Spr 02 Sum 02 Fall 02 Win 02 Jan 03 Sign iet~r of agreement and recede fw~ Mar 28 payment ($5,000) Submit suggested broch~ to LHSC (if Apr 15 developing one, it is due April 15) Submit exhibit floor plan and programming Apr 8 details to LHSC for approval If neces~, submit echted ex~'blt plans to Apr LHSC for approval. 30 Mail invoice for $18,000 (to be paid upon X LHSC approval of plans) Exhibit constmctmn X X File monthly ping.ss reports X X X X Pro~mm cvaluation/~ follow.up X X Submit f'mal report with invoice for fmal Jan 31 $2,000 Please sign and return this document - your first payment will be processed upon approval of these forms. Lowe's Home Safety Council, 1605 Curtis Bridge Road, Wilkesboro, N.C., 28697, attn: LHSC Grants Program. Agreed: Date , Head Curator Head Curator, Vuginia Marine Science Museum Date: Date Date VIRGINIA BEACH Dcp.irtmt:n[ ,~I Museums and t.ulrur.fl ~rts 717 General Booth Boulevard V~rgm~a Beach. VA 33451 (757~ 437-a949 F~X (757) 4~7-4976 September 7, 2001 Chief Gregory. Cade Fire Department City of'Virginia Beach Dear Greg, Paul Harris of Management Services has asked me to write you this letter which acknowledges the joint effort between the Fire Department and the Department of Museums and Cultural Arts in applying for a grant from the Lowe's Home Safety Council. The Fire Department is the lead organization for this grant application. The money from this grant is intended for exhibits located in the museum's Weather Room. The museum will be responsible for the operation and maintenance of the exhibits after they are inxtalled in the museum. I look forward to our working together on this important and worthy project. Sincerely, C. Mac Rawls Item V-M.I. - 35 - RES OL UTIONS/ORDINANCES ITEM # 49568 Upon motton by Counctlman Jones, seconded by Counctlman Branch, Ctty Council ADOPTED: Resolutton to refer to the Planntng Commtsston re proposed Amendments to 393g 11I, I50I, 15II, and 1521 of the Ctty Zoning Ordmance (CZO) defintng "Temporary Commerctal Parktng Lots ", estabhshtng temporary commercial parking lots as a prtnctpal use tn the RT-1, RT-2 aiid RT-3 Resort Tourist Districts, and, the Planmng Commtsston to make thetr recommendation to Ctty Counctl wtthm (60) sixty days Vottng 10-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Vtce Mayor Wtlham D Sessoms, Jr Aprt123, 2002 REVISED VERSION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A RESOLUTION REFERRING TO THE PLANNING COMMISSION PROPOSED AMENDMENTS TO SECTIONS 111, 1501 AND 1511 OF THE CITY ZONING ORDINANCE, PERTAINING TO A DEFINITION OF TEMPORARY COMMERCIAL PARKING LOTS AND ESTABLISHING TEMPORARY COMMERCIAL PARKING LOTS AS A PRINCIPAL USE IN THE RT-1 AND RT-2 RESORT TOURIST DISTRICTS WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: There is hereby referred to the Planning Commission, for its consideration and recommendation, proposed amendments to Sections 111, 1501 and 1511 of the City Zoning Ordinance, pertaining to a definition of temporary commercial parking lots and establishing temporary commercial parking lots as a principal use in the RT-1 and RT-2 Resort Tourist Districts. A true copy of such proposed amendments is hereto attached. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Planning Commission be, and hereby is, dzrected to transmit to the City Council its recommendation concerning the aforesaid amendments no later than sixty(60) days after the date of adoption of this Resolution. 26 27 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 23~d day of April, 2002. 28 29 30 31 CA-8458 wmmkordreskcommpkinglotres.wpd R-3 April 18, 2002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 REVISED VERSION AN ORDINANCE TO AMEND THE CITY ZONING ORDINANCE PERTAINING TO A DEFINITION OF TEMPORARY COMMERCIAL PARKING LOTS AND ESTABLISHING TEMPORARY COMMERCIAL PARKING LOTS AS A PRINCIPAL USE IN THE RT-1 AND RT-2 RESORT TOURIST DISTRICTS SECTIONS AMENDED' CZO §§ 111, 1501 and 1511 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That Sections 111, 1501 and 1511 of the of the Czty Zoning Ordinance are hereby amended and reordained, to read as follows' Sec. 111. Definitions. For the purpose of this ordinance, words used in the present tense shall include the future; words used in the singular number include the plural and the plural the singular; the use of any gender shall be applicable to all genders; the word "shall" is mandatory; the word "may" is permissive; the word "land" includes only the area described as being above mean sea level; and the word "person" includes an individual, a partnership, association, or corporation. In addition, the followmng terms shall be defmned as herein indicated- Park~nq lot, commercial, temporary. A commercial parking lot that operates for one (1) year or less. COMMENT This amendment establishes a definition for a temporary commercial parking lot as one that operates for one (1) year or less. Sec. 1501. Use regulations. IRT-1 - Resort Tourist Dis~rmct] (a) Principal uses and structures' 35 36 37 38 39 40 (7) Temporary commercial parking lots, provided that adjacent to any public right-of-way perimeter landscaplnq meetinq the requirements of the City Code, Appendix C - Site Plan Ordinance, Section 5A and the Public Works Specifications and Standards Manual shall be installed, and temporary surface treatment in accordance with the standards for 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 temporary parkinq lots in the Public Works Specifications and Standards Manual shall be allowed. COMMENT This amendment establishes temporary commercial parking as a principal use in the RT-1 Resort Tourist District with perimeter landscaping. Temporary surface treatment shall be allowed. Sec. 1511. Use regulations. IRT-2 - Resort Tourist District] (a) Principal uses and structures' For parcels less than fourteen thousand (14,000) square feet in size, any one of the following is allowed; provided, however, that drive-through facilities shall not be permitted as a principal or accessory use' (17.5) Temporary commercial parkinq lots, provided that adjacent to any public riqht-of-way perimeter landscapinq meeting the requirements of the City Code, Appendix C - Site Plan Ordinance, Section 5A and the Public Works Specifmcations and Standards Manual shall be installed, and temporary surface treatment in accordance with the standards for 61 62 63 64 65 66 67 68 69 temporary parking lots in the Public Works Specifications and Standards Manual shall be allowed. COMMENT This amendment establishes temporary commercial parking as a principal use in the RT-2 Resort Tourist District with perimeter landscaping. Temporary surface treatment shall be allowed. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 23rd day of April , 2002. 70 71 72 CA-8459 wmm~ordres ~commp kinglotordin, wpd R-3 April 18, 2002 APPROVED AS TO CONTENTS' APPROVED AS TO LEGAL SUFFICIENCY- Planning Department Law Department Item V-M.2. - 36- RES OL UTIONS/ORDINANCES ITEM # 49569 Upon motton by Councdman Jones, seconded by Councdman Branch, Ctty Councd ADOPTED: Resolutton to AUTHORIZE and promulgate Amendment No. 6 to the Pubhc Works' Spectficattons and Standards manual Vottng 9-1 Councd Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham It/ Harrtson, Jr, Barbara M Henley, Louts R Jones, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker and Rosemary Wdson Council Members Voting Nay Reba S McClanan Councd Members Absent Vtce Mayor Wtlham D Sessoms, Jr Aprt123, 2002 A RE SOLUT ION AUTHORI ZING THE ADOPTION AND PROMULGATION OF AMENDMENT NUMBER 6 TO THE PUBLIC WORKS SPECIFICATIONS AND STANDARDS 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 WHEREAS, there exists a requirement for the published engineering standards to be maintained as current and to provide and promulgate technical design criteria, policy interpretations and ordinance application to be utilized by City staff and the engineering consulting community in the preparation, review and approval of all development related plans throughout the City, for the design of all engineering projects by the city, and to promulgate these criteria for contracts awarded by the City and for Public Works infrastructure accepted by the City; WHEREAS, by resolution adopted June 14, 1994, City Council authorized the adoption and promulgation of the Specifications and Standards Manual ("Manual") developed by the Engineering Division of the Department of Public Works; WHEREAS, pursuant to Section 1.2 of the Manual, all amendments to the Manual must be presented to City Council for formal adoption; WHEREAS, since its original adoption and promulgation in 1994, the Manual has undergone five (5) Council-approved annual amendments as follows: Amendment Number 1, approved March 14, 1995; Amendment Number 2, approved April 23, 1996; Amendment Number 3, approved April 1, 1997; Amendment Number 4, approved March 3, 1998; and Amendment Number 5, approved April 27, 1999; and WHEREAS, over the past year, employees of the Department of Public Works, Engineering Division have developed revisions and updates to all existing engineering materials, details, and technical requirements relating to the Manual and have compiled an Amendment Number 6 to be inserted into the working document consisting of the following additions or revisions: (1), Chapter 2, (2) Chapter 3; (3) Chapter 4; (4) Chapter 5; (5) Chapter 6; (6) Chapter 7; (7) Chapter 8; (8) Chapter 10; (9) Chapter 11; (10) Chapter 15; (11) Chapter 18; (12) Appendix E; and (13) Appendix G. 38 39 40 41 42 43 44 45 NOW, THEREFORE, BE ITRESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Council approves and authorizes the adoption and promulgation of the Amendment Number 6 of the Specifications and Standards Manual developed by the Engineering Division of the Department of Public Works as identified herein and whose summary of changes is attached hereto. A complete copy of all the changes is on file in the Department of Public Works. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on this 23rd day of April , 2002. 48 49 50 51 CA-8440 Ordin/Noncode/specres. wpd R-2 March 28, 2002 52 53 54 APPROVED AS TO CONTENT' APPROVED AS TO LEGAL SUFFICIENCY- Ibabert A. r'~b~ W. Johe M. R~d~iff O~nlng ~ Johe W Am~ 'e Jr. Wdlmm B RO~ F ~Fo~ J. ~m~oT ~ ~n R~e Jr C~eren~ E ~am 8. Tnu~ond ~n B Van Le~ 14 ~ac Wuwr I, ~dw~r6 ~ Xoder Joseon C Add ~ Jr Julian e,rk H~ar~ V We~rg ~B PaR NAH~ ~e E~a~ ~ 8~gan ~ce ~ Gol~ri~ R~e~A ~ 5~1'~ J. Magula Jr ~r~en~ J. Na=~*'tano Mi~eel O N~e Judah Mi~ee, ~ HBAV P~ Oavld A. H~ F~den~ J N~hmno Sr V~nt A Nooohtang T~ S. Oeuglm W. Tabor Smnl~We~ H~a~ Memb~ ~e. ~ Match 4, 2002 dewnter Buii, Mr. Phillip D. PuUen Dept. of PubIic Works Municipal Center, Bldg. 2 2405 Courthouse ])rive Va. Beach, VA 234~6-903! Deay Mz. Pullen: On behalf of the Vir§ima Beach Mumclpal Affa/:s Committee of the Tidewater Builders Association. I want to ~ank the staff'for thc opportunities for the ~ndustzy attd the consultant community to re,new the revis:or~s to the 2002 Public Works Specifications and Standards. As of this date, we have no concerns with these technzctl amendn~nts. As always, we w~ll notify the city. with any corrrments/concer~s, which couid come up in the year to come tot evaluat/on, it'rnatiets appear. Agmn. we want to thank the c:ry For taking time to solicit the mput from the rosuJated comrmm~ty. Sincerely. John Amsh¢ Chairman Va Beach Mumc~pal Affa~ Comm~c 2117 SmlthAvenue. Che.mpeake. VA23320-2SlS · Phone:(757)420-2434 · Fax:(7~714DI-DP54 · A~i~ted with the Hema Variances Approved During 1999 All Saint's Episcopal Church {July 22, 1999} Deferral of handicapped ramp ~nstallations is approved by the Planning Department Pubhc Works Specifications and Standards Manual, Chapter 6, Section 6 3 3 (a-0 requirements were deferred until the s~dewalks are constructed along Woods~de Lane At that time, the church will install the hand~cap ramps as required Merritt Office Building {May 18, 1999} Stormwater management facility (SWMF) setback variance was approved by the Planning Department from fifteen feet (15') to four feet (4') at the southern port~on of the pond adjacent to the nearest property line only Pubhc Works Specifications and Standards Manual, Chapter 8, Section 8 12 (a-d) Oil Equipment Properties (Car Wash) November 19, 1999 Stormwater management facility (SWMF) variance was approved by the Planning Department to allow an eight-foot (8') setback from the right-of-way hne provided that landscaping ~s ~nstalled as shown on the preliminary site plan approved by City Council Pubhc Works Specifications and Standards Manual, Chapter 8, Section 8 12 (a-d) South Lynnhaven Office Building for Waller Enterprises (December 2, 1999) Detention facility setback variance from 15 feet to 10 feet from Robert Jackson Drive was approved by the Planning Department Public Works Specifications and Standards Manual, Chapter 8, Section 8 12 (a-d) Variances Approved During 2000 None Variances Approved During 2001 Buckner Farms Phase IV (December 7, 2001} Waiver of piping ditch, greater than 18" deep, approved by the Planmng Department Public Works Specifications and Standards Manual, Chapter 8, Section 8 8 Walgreen's Pharmacy, Virginia Beach Blvd. (June 1, 2001) Variances to the 1 O-vehicle stacking requirement approved by the Planning Department Pubhc Works Specifications and Standards Manual, Chapter 11, Section 11 11 c S-Turn Condos, Sandpiper Road (.March 7, 2001) Variance from required right-of-way improvements approved by the Planning Department Villages at West Neck, Village E {December 18, 2001) Waiver of piping a ditch greater than 18" deep approved by the Planning Department, Public Works Specifications and Standards Manual, Chapter 8, Section 8 8 Glenwood Links {March 19, 2001) Waiver of the 2-foot cover over storm drain pipe approved by the Planning Department Summary of Changes to the Public Works Engineering Specifications and Standards Manual February 2002 Several chapters of the Manual were rewritten to provide a more consistent style and format, to correct grammatical errors, to reduce redundancy and conflicting information and to improve cross referencing. They include Chapters 1, 4, 5, 6, 7, 8, 10, 11, 12, 15 and Appendix E. Various technical changes were made to specific chapters as follows: CHAPTER 2 Section 2.2.1 - Allowable Pipes Section 2.2.2 - Pipe Joints Section 2.2.7 - Pipe Cover Section 2.4 - Permanent Monuments Ductile Iron Pipe was added as an allowable pipe. The stipulation that storm sewer pipe joints must be soil tight was added. Also, the requirement for sealing and wrapping the pipe joints was revised. A requirement was added for concrete pipe to be installed with minimum 3.0 feet of cover (during construction) and 2.0 feet (finished). If2.0 feet of cover cannot be provided, ductile iron pipe can be used if approved by the Director of Public Works. The detail for permanent monuments was revised. CHAPTER 3 Section 3.8 Streets and Alleys Section 3.8.1 - General The criteria for the design of roadways relative to flooding, was revised to state that all roads in the City of Virginia Beach shall be designed such that they are "passable" for the 100-year static storm elevation and the 100-year peak water surface elevation of the SWMF which serves the roadway (See Ch. 8 - Storm Water Management). Section 3.8.9 - Right-of-Way Permit Specifications A guideline was added stating that no permit shall be issued for any mailbox or other structure which is considered an obstruction to traffic. A specification regarding above-ground utihties was added which requires Virginia Power be contacted and be present on-site when working within 10 feet of an overhead electrical line. Section 3.8.11 - Unimproved Street Improvements This section was revised to refer the reader to the newly created Section 18. Section 3.8.14 - North Beach Improvements This section was revised to remove the requirement for the developer to record an agreement confirming he will pay 100% of the cost for standard right of way improvements. Also, this section was revised to refer the reader to the newly created Section 18. CHAPTER 8 This chapter was revised in its entirety. The main revision was a re-organization of storm water requirements that were found throughout the Manual, were taken from other chapters and consolidated in Chapter 8. The main technical changes are as follows: 1. A requirement was added that all roads in the City of Virginia Beach shall be designed such that they are "passable" at both the 100-year static storm elevation and the 100-year peak water surface elevation which serves the roadway. 2. No BMP's are allowed in the floodplain. 3. A requirement was added mandating designers check the City's Storm Water Management Study regarding tmlwater elevation, and other criteria. CHAPTER 10 Section 10.14 Plat Plan Requirements Specffic changes were made relative to the requirement for monuments. CHAPTER 18 This chapter was created by taking the current "North Beach Street Improvement" Section out of Chapter 6 and adding a new "Unimproved Street Improvement" Section. These two sections provide guidelines for improving rights-of-way using a cost participation procedure. The "North Beach Street Improvement" Section was revised to reflect the adoption of a recent "Parking in Public Right-of-Way" Policy. The basic change is a requirement for parking pads to be constructed as much as practical on private property. Also, the Cost Participation Section was revised to reflect a straight pro-rata share based on property frontage. APPENDIX E Several tables listing product information including manufacturer's name, description, etc., were deleted because they were outdated or no longer used. APPENDIX G This appendix was created by taking the manual and publication references from Chapter 1 - Introduction and inserting them here. Item V-M. 3. -37- RESOL UTIONS/ORDINANCES ITEM it 495 70 Upon motion by Councdman Jones, seconded by Counctlman Branch, City Counctl ADOPTED: Resolutton re use of alternattve fuel vehtcles and the Hampton Roads Clean Cities Coalition tn tt's regtonal efforts to promote the use of alternattve fuels for transportatton Vottng 10-0 Counctl Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Vice Mayor Wtlham D Sessoms, Jr Aprtl 23, 2002 A RESOLUTION SUPPORTING THE USE OF ALTERNATIVE FUEL VEHICLES AND THE HAMPTON ROADS CLEAN CITIES COALITION IN ITS REGIONAL EFFORTS TO PROMOTE THE USE OF ALTERNATIVE FUELS FOR TRANSPORTATION WHEREAS, the use of alternabve, domesbcally-produced fuels for transportabon increases the energy independence and energy security of the United States, and WHEREAS, the use of alternative fuels ~n on-road vehicles reduces emissions of ozone-forming compounds and compounds that have been shown to be toxic to human health, and WHEREAS, because of ~ts air quality maintenance area designabon, the Hampton Roads area needs to do everything possible to ~mprove its a~r quality, such as the use of alternative fuel vehicles, and WHEREAS, the use of domesbcally-produced alternabve fuels d~rectly reduces the U.S annual trade deficit, and WHEREAS, the Hampton Roads Clean Cities Coalition has been acting as a cleanng house for ~nformation on the alternabve fuel vehicles and grant opportun~bes for jurisd~cbons and pnvate cibzens ~n Hampton Roads. NOW THEREFORE, BE IT RESOLVED that the C~ty Council encourages all C~ty Departments to consider alternative fuel vehicles when making purchasing decisions and to work with the Coallbon in determining appropnate and feasible opportunities to acquire vehicles capable of operabng on alternabve fuels, and to operate these vehicles on alternative fuels. BE IT FURTHER RESOLVED that the Hampton Roads Transportation D~stnct Commission ~s requested to also consider the use of alternative fuel vehicles when making purchasing decisions, and BE IT FURTHER RESOLVED that the Hampton Roads Clean Cibes Coalition ~s to be congratulated on ~ts efforts ~n ~ncreas~ng the use of alternabve fuel and finding funding opportun~bes for localities and other governmental and private industries for the use of such fuels ADOPTED by the Councd of the C~ty of V~rg~nia Beach, Virginia, th~s day of Apr±] ,2002. CA-8463 23rd APPROVED AS TO Item V-M. 4. - 38- RES OL UTIONS/ORDINANCES ITEM # 495 71 ADD-ON Upon motton by Councilman Jones, seconded by Counctlman Branch, Ctty Counctl ADOPTED: Resolutton to authortze Pohce Agreement (Mutual Atd) wtth York County re World Church of the Creator vtstt May 3-6, 2002 Vottng 9-1 Counctl Members Votmg Ave Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Votmg Nay Reba S McClanan Counctl Members Absent Vtce Mayor Wtlham D Sessoms, Jr April 23, 2002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A POLICE COOPERATION AGREEMENT WITH THE COUNTY OF YORK WHEREAS, Virginia law authorizes local governments to enter into reciprocal agreements for cooperation in the furnishing of police services; and WHEREAS, it is deemed mutually beneficial to the City of Virginia Beach and the County of York to enter into an agreement concerning cooperation with regard to law enforcement, increasing the ability of the local governments to promote the safety and welfare of the entire area. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That the accompanying Police Cooperation Agreement is hereby approved, and the City Manager is hereby authorized and directed to execute said Agreement on behalf of the City of Virginia Beach. A summary of the material terms is hereto attached and a true copy of the Agreement is on file with the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day of April , 2002. CA-8465 ORDINkNONCODE\York County Cooperation Agmt.ord April 22, 2002 R3 29 30 31 32 APPROVED AS TO CONTENT' APPROVED AS TO LEGAL SUFFICI,ENCY' City Attorney's Office SUMMARY OF MATERIAL TERMS Event - A public demonstration by the World Church of the Creator, a white supremacy group, at the Tabb Library in York County. It is expected protesters from an opposing group, the Anti-Racist Action group, wall also be in attendance . Pohce Cooperation Agreement - An agreement between the City of Vlrglma Beach and the County of York entered ~nto in anticipation of racial unrest hkely to erupt in York County on May 4, 2002, during a public demonstration where two opposing groups, both violent in the past, are hkely to clash. Nature - Allows the City of Vlrg~ma Beach to provide police manpower and equipment, available, in an effort to maintain pubhc safety during the above described event. Term - This agreement is effective from May 3, 2002 through May 6, 2002, or as needed, to maintain public safety during the above referenced Event. o Insurance - Insurance requirements are met through the City of Virgima Beach's self insurance program adm~mstered by Risk Management CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Cooperabon Agreement between the City of Virginia Beach and York County MEETING DATE: April 23, 2002 Background: The York County Sheriff contacted Chief Jacocks requesting police service cooperation from the C~ty of Virginia Beach for an upcoming demonstration by the members of the World Church of the Creator, a white supremacy group, scheduled for May 4, 2002 ~n their jurisdiction. The possibility that this gathenng wdl also attract the Anti-Racist Action Group and result ~n c~vil disturbance is high. The County of York anticipates it has insufficient law enforcement capacity to provide security for th~s meebng, even with the a~d promised by the State Police. Dunng a past event ~nvolwng th~s organ~zabon ~n York, Pennsylvania, ~n March 2001, wolent disturbances erupted between supporters of the World Church of the Creator and protestors from the Anb-Rac~st Action (ARA) group. Th~s d~sturbance ~nvolved more than 400 ind~wduals and led to numerous arrests. More than 200 law enforcement officers were present dunng the event; however, they were unable to control the s~tuation. Based on th~s ~nformabon, the C~ty has been asked to provide police support, if able. Considerations: The City currently has neither an agreement to furnish police services nor a mutual a~d agreement with the County of York Although the County of York ~s a member of the Statew~de Mutual A~d Agreement, the provisions of that agreement are not applicable under the current c~rcumstances In order for the City to provide the requested assistance, the City must enter ~nto an agreement to provide police services w~th York County; th~s can be accomplished under the authority granted to C~ty Council by Code of V~rg~nia § 15.2-1726. Recommendations: If Council decides the C~ty should provide the requested support to York County, then it is recommended the Council enact an ordinance granbng the City Manager the authority to execute the attached Agreement with the County of York Public Information: N/A Attachments: Resolution and Summary of Material Terms of Agreement. Recommended Action: Submitting Department/Agency City Manager F \Users\STs~outs\Wp\Work\York County Agenda 2 wpd 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A POLICE COOPERATION AGREEMENT WITH THE COUNTY OF YORK WHEREAS, Virginia law authormzes local governments to enter into reciprocal agreements for cooperatzon in the furnishing of police services; and WHEREAS, it is deemed mutually beneficial to the City of Virginia Beach and the County of York to enter into an agreement concerning cooperation with regard to law enforcement, increasing the ability of the local governments to promote the safety and welfare of the entire area. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the accompanying Police Cooperation Agreement is hereby approved, and the City Manager is hereby authorized and directed to execute said Agreement on behalf of the City of Virginia Beach. A summary of the material terms is hereto attached and a true copy of the Agreement is on file with the City Attorney. Adopted by the Counczl of the City of Virginia Beach, Virginia, on the 23rd day of April , 2002. CA-8465 ORDINkNONCODEkYork County Cooperation Agmt.ord April 22, 2002 R3 29 30 31 32 APPROVED AS TO CONTENT' ~%1 ic~partment/ APPROVED AS TO LEGAL SUFFICI,ENCY · C[t~ ~t-orney s ~ffice POLICE COOPERATION AGREEMENT THIS AGREEMENT, made this day of 2002, by and among the City of Virginia Beach ("City"), a municipal corporation of the Commonwealth of Virginia, and the County of York ("County"). WHEREAS, Virginia law authorizes local governments to enter into a reciprocal agreements for cooperation in the furnishing of police services; WHEREAS, the County anticipates that it has the insufficient law enforcement capacity to provide security for a public demonstration scheduled to take place in York County on May 4, 2002; WHEREAS, these local governments have determined that the provision of police aid across jurisdictional lines will increase their ability to preserve the safety and welfare of these areas; WHEREAS, it is deemed to be mutually beneficial to the parties hereto to enter into an agreement concerning cooperation with regard to law enforcement; and WHEREAS, the parties desire that the terms and conditions of this Police Cooperation Agreement be established. NOW, THEREFORE, WITNESSETH That for and in consideration of the mutual benefits to be derived from cooperation in the furnishing of police services, the parties hereto covenant and agree as follows: 1. The City will endeavor to provide police support to the County within the capabilities available at the time the request for such support is made and within the terms of this Agreement. 2. Requests for assistance pursuant to the terms and conditions of this Agreement shall be made by the County Administrator to the City Manager 3. The County shall be responsible for designating a radio communications system for use by the Virginia Beach Police responding to said request. 4. The personnel of the City shall render such assistance under the direction of the Sheriff of the County. 5. Law enforcement support provided pursuant to this Agreement shall include, but not be limited to, the following resources: uniformed officers, canine officers, aerial support when maintained, forensic support, plainclothes officers, special operations personnel and related equipment. 6. Nothing contained in this Agreement should in any manner be construed to compel the City to respond to a request for police support when in the opinion of the Virginia Beach Chief of Police or his designee, these resources are needed or are being used within the boundaries of the City, nor shall any such request compel the City to continue to provide police support to the County when its police personnel or equipment, in the opinion of the Chief of Police or his designee, are needed for other duties within the boundaries of its own jurisdiction. 7. The responsibility for investigation and subsequent actions conceming any criminal offense shall remain with the police agency of the locality whose court has original jurisdiction over the offense. Entering police personnel shall promptly notify the 2 police agency of the entered locality upon discovery of a crime over which the court of the entered locality has original jurisdiction. 8. Officers acting pursuant to this Agreement shall be granted authority to enforce the laws of the Commonwealth of Virginia and to perform the other duties of a law enforcement officer; such authority shall be in conformance with Virginia Code Section 15.2-1724 and Section 15.2-1726, as may be applicable. 9. All police officers, agents, and other employees of the parties to this Agreement who are acting pursuant to this Agreement shall have the same powers, rights, benefits, privileges, and immunities in each jurisdiction subscribing to this Agreement, including the authority to make arrests in each such jurisdiction subscribing to this Agreement. 10. The services performed and expenditures made under this Agreement shall be deemed to be for public and governmental purposes and all immunities from liability enjoyed by the local government within its boundaries shall extend to its participation in rendering assistance outside its boundaries. It is understood that for the purposes of this Agreement, the City is rendering aid once it has entered the jurisdictional boundaries of the County. 11. All pension, relief disability, worker's compensation, life and health insurance, and other benefits enjoyed by City employees shall extend to the services they perform under this Agreement. Each party agrees that provisions of these benefits shall remain the responsibility of the primary employing jurisdiction. 12. Each party agrees that, in activities involving the rendering of assistance to the County pursuant to this Agreement, each party shall (i) waive any and all claims against the other party thereto which may arise out of its activities outside its jurisdiction; and (ii) indemnify and save harmless the other party from all claims by third parties for property damage or personal injury which may arise out of the activities of the other party outside its jurisdiction. 13. The County shall not be liable to the City for reimbursement for injuries to personnel or damage to equipment incurred when going to or returning from the County. Neither shall the parties be liable to each other for any other costs associated with, or arising out of, the rendering of assistance pursuant to this Agreement. 14. This Agreement rescinds and supersedes all previous written agreements and oral understandings relating to the provision of mutual police services between these parties, and is effective from May 3, 2002 through May 6, 2002, or as needed to provide security for the public demonstration currently scheduled to take place in York County on May 4, 2002. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective city manager and county administrator, the official seal of each city and county affixed hereto and attested by their respective city and county clerks, and indicating thereafter the ordinance or resolution authorizing the execution. ATTEST: CITY OF VIRGINIA BEACH ? Cit~ Cierk ' ~) City Man g ~ Ordinance No. Adopted on ATTEST: COUNTY OF YORK By: County Clerk By: County Administrator F:\Users\STslouts\WP\WORK~York County CooperatIon Agreement wpd SUMMARY OF MATERIAL TERMS o Event - A public demonstration by the World Church of the Creator, a white supremacy group, at the Tabb Library in York County It is expected protesters from an opposing group, the Anti-Racist Action group, will also be in attendance. . Police Cooperation Agreement - An agreement between the City of Vlrglma Beach and the County of York entered into in anticipation of racial unrest hkely to erupt in York County on May 4, 2002, dunng a public demonstration where two opposing groups, both violent in the past, are likely to clash. Nature - Allows the City of Virginia Beach to provide police manpower and equipment, available, in an effort to maintain public safety dunng the above described event . Term - This agreement is effective from May 3, 2002 through May 6, 2002, or as needed, to maintain public safety dunng the above referenced Event. o Insurance - Insurance requirements are met through the City of Virginia Beach's self insurance program administered by Risk Management Item V-N. - 39- PLANNING ITEM # 495 72 1. RJP LLC NON-CONFORMING USE 2. JOHN C. A TKINSON NON-CONFORMING USE 3. SPRING BRANCH COMMUNITY CHURCH CONDITIONAL USE PERMIT 4. PRINCESSBORO DEVELOPMENT COMPANY, INC. RECONSIDERATION 5. CHARLES F. BOWDEN CONDITIONAL CHANGE OF ZONING 6. BANB UR Y LAKE VILLAGE COMPANY, L.L.P. CHANGE OF ZONING Aprt123, 2002 Item VI-N. - 40- PLANNING ITEM # 495 73 Upon motton by Counctlman Jones, seconded by Counctlman Branch, Ctty Councd APPROVED in ONE MOTION Items i, 3 and 6 as PLANNING BY CONSENT Vottng 10-0 (By Consent) Councd Members Votmg Ave Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Vtce Mayor Wdham D Sessoms, Jr Councd Lady McClanan voted NAY on Item N 3 Aprt123, 2002 Item VI-N. 1. - 41 - PLANNING ITEM # 495 74 Upon by Councilman Jones, seconded by Counctlman Branch, Ctty Counctl APPROVED the apphcatton of RJP, LLC. fora Converston of a Non-Con_formtng Use to renovate the extsttng duplex mto a stngle famtly home Resolutton authortztng the converston o fa non-conformtng use on property located at 202 87th Street Satd parcel contatns 7,500 square feet (GPIN #2510-51-1165) DISTRICT 5 - LYNNHAVEN The following condtttons shall be requtred Two (2) 9" X 18' parktng spaces shall be tnstalled on the stte The spaces may be asphalt, concrete, or pavers 2 There shall be no further addtttons and/or alterattons to the structure without the approval of the Ctty Counctl The second floor extertor shall be faux cedar shake stdtng tn a 'neutral' color and/or earth tomes The first floor extertor shall be patnted to match the color of the stdtng 4 There shall be no further addtttons to the stte, such as accessory structures, wtthout the approval of the Ctty Counctl Vottng 10-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Voting Nay None Counctl Members Absent Vice Mayor Wtlham D Sessoms, dr Aprtl 23, 2002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING USE ON PROPERTY LOCATED AT 5307 ATLANTIC AVENUE, IN THE DISTRICT OF LYNNHAVEN WHEREAS, John Claiborne Atkinson, (hereinafter the "Applicant") has made application to the City Council for authorization to enlarge a nonconforming use on a certain lot or parcel of land having the address of 5307 Atlantic Avenue, in the R-5R Residential Resort District; WHEREAS, the said structure is not allowed to be used as a commercial structure in the R-5R Zoning District and is therefore a nonconforming use in the R-5R Zoning District; and WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the enlargement of a nonconforming use is unlawful in the absence of a resolution of the City Council authorizing such action upon a finding that the proposed use, as enlarged, will be equally appropriate or more appropriate to the zoning district than is the existing use; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds that the proposed use, as enlarged, will be equally appropriate to the district as is the existing use. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the proposed enlargement of the Applicant's nonconforming use, commercial structure, is hereby authorized, upon the following conditions: 1. The proposed additions to the existing structure are limited to those additions depicted on the submitted site plan entitled "CONCEPT PLAN FOR ERA ATKINSON REALTY, INC., OFFICE ADDITION, VIRGINIA BEACH, VA." prepared by Gallup Surveyors and Engineers, Ltd., dated 19 March 2002. Said plan is on file in the City of Virginia Beach Planning Department. 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 2. The exterior materials for the structure shall be faux shake siding in neutral earth tones. The awnings shall be pastel colors. 3. The three (3) existing parking spaces shall be re- located to the southern portion of the site to include a minimum drive aisle as required by the City Zoning Ordinance, Section 203 (b) (2). A ten (10) foot landscape bed shall be installed along the eastern, southern and western property lines abutting the parking area (spaces and drive aisle). The landscaping along the eastern and southern property lines shall be Category IV screening. The landscaping along the western property line adjacent to Atlantic Avenue shall be iow growing, a minimum of eighteen (18) inches in height at planting and no more than thirty (30) inches in height at maturity, to provide for adequate site distance when exiting the site. 4. A maximum twenty (20) foot wide driveway apron shall be installed at the entrance to the new parking area; the location shall be determined by Public Works/Traffic Engineering. 5. The "existing paved parking area" along Atlantic Avenue and 54=h Street shall be removed to accommodate a minimum five (5) foot landscape bed in those areas. The landscaping shall be Iow growing, a minimum of eighteen (18) inches in height at planting and no more than thirty (30) inches in height at maturity. 6. The existing shed (on skids) may be relocated on the site to provide for the installation of the parking area. The shed shall meet a minimum twenty (20) foot setback from the property lines along Atlantic Avenue and 54TM Street, and a minimum ten (10) foot setback from the eastern and southern property lines. 62 63 Adopted by the Council of the City of Virginia Beach, Virginia on the 23rd day of April , 2002. 64 65 66 67 CA-8462 bkw/work/nonconat kinson, wpd R-1 April 12, 2002 68 69 70 71 72 73 74 APPROVED AS TO CONTENT' . APPROVED AS TO LEGAL SUFFICIENCY' Department of Law Item VI-N. 2. - 42 - PLANNING ITEM # 495 75 John C Atktnson, apphcant, represented himself and advtsed meettng personally wtth the North Vtrgtnta Beach Ctvtc League Upon motton by Counctlman Harrtson, seconded by Counctlman Branch, City Counctl APPROVED the apphcatton of JOHN C. ,4 TKINSON for the enlargement of a non-conformmg office use Resolutton authortztng the enlargement of a non-conformtng use on Lot 12, Block 3, Ubermeer, at 5307 Atlanttc Avenue, contatntng 6, 625 square feet (GPI #2418-89-3869) (DISTRICT 5 - Z YNNHA VEN) The followtng condtttons shall be requtred The proposed addttton to the extsttng structure ts hmtted to the addttton deptcted on the submttted stte plan entttled "CONCEPT PLAN FOR ERA A TKINSON REALTY, INC, OFFICE ADDITION, VIRGINIA BEACH, VA" prepared by Gallup Surveyors and Engmeers, Ltd, dated 19 March 2002 Satd plan ts on file tn the Ctty of Vtrgtnta Beach Planmng Department The extertor materials for the structure shall be faux cedar shake stdtng tn neutral earth tones The awmngs shall be pastel colors The three (3) extsttng parktng spaces shall be re-located to the southern portton of the stte to tnclude a mtntmum drtve atsle as requtred by the City Zoning Ordtnance, Section 203(b)(2) A ten- (lO)/foot landscape bed shall be mstalled along the eastern, southern, and western property hnes abutttng the parktng area (spaces and drtve atsles) The landscapmg along the eastern and southern property hnes shall be Category IV screemng The landscaptng along the western property hne adJacent to Atlanttc Avenue shall be low growing, a mtntmum of etghteen (18) roches tn hetght at planttng and no more than thirty (30) mches tn hetght at maturtty, to provtde for adequate stte &stance when extttng the site A maxtmum twenty-(20)foot wtde drtveway apron shall be tnstalled at the entrance to the new parktng area, the locatton shall be determmed by Pubhc Works / Traffic Engtneermg The "extsttng paved parktng area" along Atlantic Avenue and 54th Street shall be removed to accommodate a mmtmum five-(5) foot landscape bed tn those areas The landscaptng shall be low growtng, a mtntmum of eighteen (18) mches tn height atplantmg and no more than thtrty (30) tnches tn hetght at maturtty The extsttng shed (on sktds) may be relocated on the stte to provide for the tnstallatton of the parktng area The shed shall meet a mtntmum twenty-(20) foot setback from the property hnes along Atlanttc Avenue and 54th Street, and a mtmmum ten-(lO) foot setback from the eastern and southern property hnes Aprt123, 2002 - 43 - Item VI-N.2. PLANNING ITEM # 495 75 (Continued) Vottng 9-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, .Ir, Barbara M Henley, Louts R .Iones, Reba S McClanan, Robert C Man&go, .Ir, Mayor Meyera E Oberndorf and Rosemary Wtlson Counctl Members Vottng Nay None Council Members Abstatmng Nancy K Parker Counctl Members Absent Vice Mayor Wtlham D Sessoms, dr Counctl Lady Parker ABSTAINED as she and her husband own Parker Pools and Atkmson Realty ss the managtng agent for one of thetr chents Aprt123, 2002 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 A RESOLUTION AUTHORIZING THE ALTERATION OF A NONCONFORMING USE ON PROPERTY LOCATED AT 202 87TM STREET, IN THE DISTRICT OF LYNNHAVEN WHEREAS, RJP, L.L.C., (hereinafter the "Applicant") has made application to the City Council for authorization to alter a duplex structure to a nonconforming single family dwelling situated on a certain lot or parcel of land having the address of 202 87th Street, in the R-5R Residential Resort District; WHEREAS, the said duplex structure is not allowed in the R-5R Zoning District and the proposed single family dwelling is a nonconforming use, in that two single family dwellings will occupy the same parcel; and WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the alteration of a nonconforming structure is unlawful in the absence of a resolution of the City Council authorizing such action upon a finding that the proposed structure, as altered, will be equally appropriate or more appropriate to the zoning district than ms the existing structure; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds that the proposed structure, as altered, will be equally appropriate to the district as is the existing structure. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the proposed alteration of the Applicant's duplex structure to a single family dwelling is hereby authorized, upon the following conditions: 1. Two (2) 9' x 18' parking spaces shall be installed on the site. The spaces may be asphalt, concrete or pavers. 2. There shall be no further additions and/or alterations to the structure without the approval of the City Council. 34 35 36 37 38 39 3. The second floor exterior shall be faux cedar shake siding in a ~neutral' color and/or earth tones. The first floor exterior shall be painted to match the color of the siding. 4. There shall be no further additions to the site, such as accessory structures, without the approval of the City Council. 40 41 42 43 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day of April , 2002. CA-84 61 bkw/work/nonconRJP, wpd R-1 April 12, 2002 46 47 48 49 50 51 52 APPROVED AS TO CONTENT' APPROVED AS TO LEGAL SUFFICIENCY: Dep~rtment of Law - 44- Item VI-N. 3. PLANNING ITEM # 49576 Upon by Counctlman Jones, seconded by Counctlman Branch, Ctty Counctl ADOPTED an Or&nance upon apphcatton of SPRING BRANCH COMMUNITY CHURCH for a Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF SPRING BRANCH COMMUNI~ CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH R040231020 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon Apphcatton of Sprtng Branch Communtty Church for a Condtttonal Use Permtt for a church expanston on the east stde of N Great Neck Road begtnntng at a potnt 104 09feet north of Harbor Lane (GPIN #2409-10-2222) Satd parcel ts located at 1500 N Great Neck Road and contains 9 l 1 acres DISTRICT 5 - L YNNHA VEN The followtng conchttons shall be reqtured One modular untt may be added behind the extsttng church butldtng tn the area of the parking lot shown on the submttted stte plan entttled "Overall Index Plan of Sprtng Branch Community Church "by MSA, P C, dated 7/29/99 Thts untt shall be removed wtthtn two years of the approval date of thts Condtttonal Use Permit Large planters wtth evergreen shrubs at a mtntmum hetght of stx (6) feet from the ground shall be placed on the north and south stdes of the trader to screen the butldmg from adjacent properttes The type of planter and plant matertal shall be approved by the Planntng Director or hts Destgnee prtor to tssuance of the Certificate of Occupancy The rematntng area of the parktng lot (currently graveled and destgnated as "Phase H" on the stte plan approved by the Development Servtces Center on August 23, 1999) shall be tmproved to meet Ctty Code requtrements wtthtn two (2)years of the approval date of thts Condtttonal Use Permit Thts Ordtnance shall be effecttve tn accordance with Sectton 107 09 of the Zomng Ordmance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twenty-thtrd of Aprtl, Two Thousand Two Vottng 9-1 (By ConsenO Counctl Members Votmg Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr. Barbara M Henley, Louts R Jones, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Vottng Nay Reba $ McClanan Counctl Members Absent Vtce Mayor Wdham D Sessoms, Jr Aprtl 23, 2002 - 45- Item VI-N. 4. PLANNING ITEM # 495 77 Attorney Edward Bourdon, Pembroke Office Park, 281 Independence Boulevard, Ftfth Floor, Phone 499-8971, referenced hts faxed correspondence to Ctty Counctl, whtch ts hereby made a part of the record Mr Bourdon advtsed he, nor the apphcant, had recetved nottficatton of the Reconstderatton with the exception of the phone call message from Stephen Whtte, Planmng, on April 22, 2002 Mr Bourdon returned today from betng out of the country Mr Bourdon requested deferral to allow adequate time to prepare a response and presentatton The followtng spoke tn OPPOSITION to the borrow ptt Mtchael Gaubke, 2020 Shubert Drzve, Phone 434-8728 John Kummers, Tennyson Road, Phone 430-9219 Matte Danner, 804 Sandbrtdge Road, Phone 721-7606 Kevtn Wong, 1993 Sandbrtdge Road, Phone 426-1700 Wtlham Munden, 2064 Prtncess Anne Road, Phone 721-3777 Jan Munden, 2064 Prtncess Anne Road, Phone 721-3777 Dawn Mtller, 2608 Casa Court, Phone 426-5160, dtstrtbuted pettttons tn OPPOSITION Todd Smtth, 1208 Whttestone, Phone 427-1328 Upon motton by Council Lady Henley, seconded by Counctlman Branch, City Counctl RECONSIDERED and DENIED, Ordtnance upon apphcatton of PRINCESSBORO DEVELOPMENT COMPANY, INCORPORA TED for a Condtttonal Use Permtt re a borrow ptt ORDINANCE UPON APPLICATION OF PRINCESSBORO DEVELOPMENT COMPANY, INCORPORA TED FOR A CONDITIONAL USE PERMIT FOR A BORROW PIT Ordinance upon apphcatton of Prtncessboro Development Company, Incorporated for a condtttonal usepermtt for a borrowptt on the south stde of Sandbrtdge Road, 720feet more or less east of Prmcess Anne Road (GPIN #2414-31-4249, #2414-22-4025) Said parcel contams 64 911 acres DISTRICT 7 - PRINCESS ANNE Vottng 9-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Abstatntng Margaret L Eure Counctl Members Absent Vtce Mayor Wtlham D Sessoms, Jr Counctl Lady Eure ABSTAINED as she was concerned about the Reconstderatton Subsectton (b) 8'107 of the Comprehenstve Zontng Ordtnance deals wtth wtthdrawals and there ts no provtston theretn for a Reconstderatton Subsectton 09 of ~107 of the CZO ts the only sectton of the CZO whtch authortzes a Reconstderatton of any vote by Ctty Counctl on a zoning matter 3~107 clearly requires both apubhc heartng and a vote "resulttng tn approval or dental" of the proposed amendment as pre-requtstte to a subsequent effort by a Counctlperson on the prevatltng stde to have an approval or dental of the amendment reconstdered It ts not proper to reconstder an apphcatton, whtch had no qffictal actton Aprtl 23, 2002 - 46- Item VI-N.$. PLANNING ITEM # 49578 Attorney Edward Bourdon, Pembroke Office Park, 281 Independence Boulevard, Ftfth Floor, Phone 499-8971, represented the apphcant and requested REFERRAL BACK TO THE PLANNING COMMISSION The followmg regtstered tn OPPOSITION Davtd Redmond, 1453 Ewell Road, Phone 464-4114 dohanna Kralowetz, 1404 Chrtsttan Ctrcle, Phone 464-6384 James Chapman, 4317 Delray Drtve, Phone 363-0781 Kathy Wdhams, Prestdent- Elect - Thoroughgood Ctvtc League, 1600 Keehng Landtng Road, Phone 464-9405 Dan Sykes, 4305 Delray Drtve, Phone 363-8553 Upon motton by Councdman Jones, seconded by Councdman Harrtson, Ctty Councd DEFERRED to June 11, 2002, Ordtnance upon apphcatton of CHARLES F. BOWDEN for a Condtttonal Change of Zomng ORDINANCE UPON APPLICATION OF CHARLES F BO WDEN FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-30 TO CONDITIONAL R-20 Or&nance upon Apphcatton of Charles F Bowden for a Change of Zoning Dtstrtct Classtficatton from R-30 Restdenttal Dtstrtct to Condtttonal R-20 Restdenttal Dtstrtct on certatn property located on the west stde of Wakefield Drtve, south of Delray Drtve on Parcel A, Sectton 8, Part 4, Thoroughgood (GPIN #1479-60-5795) DISTRICT 4- BAYSIDE Vottng 9-0 Counctl Members Vottng Aye Margaret L Eure, Wdham W Harrison, dr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E OberndorJ, Nancy K Parker and Rosemary Wtlson Councd Members Vottng Nay None Counctl Members Absent Ltnwood 0 Branch, III, and Vtce Mayor Wdham D Sessoms, Jr Aprt123, 2002 -47- Item VI-N. 6. PLANNING ITEM # 495 79 Upon motton by Counctlman Jones, seconded by Counctlman Branch, Ctty Counctl ADOPTED an Ordtnance upon apphcatton of BANB UR Y LAKE VILLA GE COMPANY, L.L.P., for a Condtttonal Change of Zontng Dtstrtct Classtficatton ORDINANCE UPON APPLICATION OF BANBUR Y LAKE VILLA GE COMPANE L LP, FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO ,4-18 Z04021219 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of Banbury Lake Vtllage Company, L L P ,for a Change Of Zoning Dtstrtct Classtficattonfrom B-2 Communtty Bustness Dtstrtct to A-18 Apartment Dtstrtct on certatn property located 65 34feet south of Old Provtdence Road begtnntng at a potnt 7SO feet more or less west from the eastern termtnus of Old Provtdence Road (GPIN #1456-33- 4300) Satd parcel contatns 15,941 96 square feet DISTRICT 1 - CENTER VILLE Thts Or&nance shall be effecttve tn accordance wtth Sectton 107 OO of the Zomng Or&nance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twenty-thtrd of Aprtl, Two Thousand Two Vottng 10-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Vtce Mayor Wdham D Sessoms, Jr Aprt123, 2002 - 48- Item VI-O. 1. APPOINTMENTS ITEM # 49580 BY CONSENSUS, City Counctl RESCHEDULED APPOINTMENTS: COMMUNITY SER VICES BOARD EASTERN VIRGINIA MEDICAL SCHOOL VIRGINIA BEACH HEAL TH SER VICES AD VISOR Y BOARD Aprt123, 2002 - 49- Item VI-Q. 1. NEW BUSINESS ITEM # 49581 B Y CONSENSUS CITY CLERK TO RECORD ABSTRA CT OF CIVIL CASES RESOLVED - March 2002 Aprtl 23, 2002 - 50- Item VI-R. 1. ITEM ii 49582 ADJOURNMENT Mayor Meyera E Oberndorf DECLARED the Ctty Counctl Meettng ADJOURNED at 11:22 P.M. oks, CMC Chtef Deputy City Clerk Ctty Clerk Meyera E Oberndorf Mayor Ctty of Vtrgtnta Beach Vtrgtnta Aprtl 23, 2002