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Home My WebLink AboutAUGUST 27, 2002 MINUTESCity of Virginia Beach "COMMUNITY FOR A LIFETIME" CITY COUNCIL MA YOR MEYERA E OBERNDORF At-Large VICE MA YOR ROBERT C MANDIGO. JR Kemp~vtlle -Dtstrtct 2 MARGSARET L EURE. Centervdle - Dt~trtct 1 LOUIS R dONES, Baystde - Dt,trtct 4 REBA S McCLANAN. Ro~e Hall - Dt~trtct 3 RICHARD A MADDOX- Beach - Dt~trtct 6 ,IIM REEVE - Prtnces~ Anne -Dtstrtct 7 PETER W SCHM1DT- At-Large RON A VILLANUEVA - At-Large ROSEMARY WILSON, At-Large IAMES L WOOD. Lynnhaven -Dt~trtct 5 lAMES K SPORE Ctty Manager LESLIE L LILLEY Ctty Attorney RUTH HODGES SMITH. MMC, £ try Clerk CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIYE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE (757) 427-4303 FAX (757) 426-5669 E MAIL Ctycncl~vbgov corn August 27, 2002 I. CITY COUNCIL'S BRIEFING - Conference Room - 2:00 PM Ao B, Co ROCK N ROLL ½ MARATHON Tim Murphy, Elite Racing TOWN CENTER BLOCK 5 Lou Haddad, President - Armada Hoffier MOSQUITO CONTROL VIDEO II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room- 3:30 PM A, Bo CALL TO ORDER- Mayor Meyera E. Obemdorf ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V, FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER- Mayor Meyera E Obemdorf B. INVOCATION: Reverend Robert E. Cooper Chanty United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 4. INFORMAL AND FORMAL SESSIONS August 13, 2002 G. MAYOR'S PRESENTATIONS STATE FUNDS FOR RESTORATION OF OYSTER HABITAT The Honorable Frank W. Wagner, Senator - 7th District The Honorable John J. Welch, m, House of Delegates - 21st District . KING NEPTUNE 2002 AND HIS COURT Nancy A. Creech, Executive Director, Neptune Festival H. AGENDA FOR FORMAL SESSION I. PUBLIC HEARINGS 1. EXCESS PROPERTY - 2268 Pleasure House Road - District 4, Bayside 2. HAMPTON ROADS AGRICULTURAL EXPERIMENTAL STATION 3. THE BUFFINGTON HOUSE 4. JUDICIAL CENTER--LEASING - Office Space J. ORDINANCES o Ordinance to declare EXCESS PROPERTY on 6,197.5 square feet extending eastwardly from Lake Bradford to Lake Joyce in the Chesapeake Beach area, formerly acquired from the City of Norfolk; and, AUTHORIZE the City Manager to convey this property to Danny K. Martin for future development. (DISTRICT 4- BAYSIDE) 2. Ordinance to AUTHORIZE the City Manager to execute LEASES of city-owned property: ao Hampton Roads Agriculture Experimental Station at Diamond Spnngs Road to the United States of America (Department of Transportation/Federal Aviation Administration). (DISTRICT 4- BAYSIDE) b° The Buffington House at 2441 North Landing Road to Michael Connors. (DISTRICT 7 - PRINCESS ANNE) Judicial Center office space at 2425 Nimmo Parkway to the Virginia Beach Bar Association (VBBA). (DISTRICT 7 - PRINCESS ANNE) Ordinance to ACCEPT and APPROPRIATE a $46,658 grant from the Virginia Department of Emergency Medical Services to the Department of Emergency Medical Services' (EMS) FY2002-03 operating budget re the "Two-for-Life" program. . Ordinance to TRANSFER $116,136 from contractual services to the FY2002-03 Department of General Services operating budget re three additional full time custodial worker positions to serve Automotive Services, Animal Control, Helicopter Shop, Mosquito Control, Pendleton Child Services, Pohce K-9, Pohce Tralmng Gym, Pungo Police Substation and the Special Operations and SWAT Trailer. K. RESOLUTIONS o Resolution requesting citizens to vote affirmatively for the November Referendum re issuance of General Obhgat~on Bonds to fund educational improvements at the College of William and Mary, Old Domimon Umversity, Norfolk State University, and Tidewater Community College as well as Parks and Recreational facilities. . Resolution requesting citizens to vote affirmatively for the Hampton Roads Transportation Referendum re increasing the sales and use tax by one percent (1%) and this revenue to be used solely for transportation improvements ~n th~s area. . Resolution estabhsh~ng the Virginia Beach Transition Area Technical Review Committee providing for ~ts membership and responslb~ht~es. L PLANNING o Apphcation of MARK and LESLIE ROSENSTOCK (STUART N. DUFFEN, A/A) for an enlargement in a nonconformmg use to add square footage to the rear unit of a duplex on the east side of Beech Street, Cape Story By The Sea and Cape Henry Shores, at Admiral Drive, containing 6,900 square feet. (DISTRICT 5 - LYNNHAVEN) Recommendation: APPROVAL . Apphcatlon of DAKOTA ASSOCIATES, LLC, for &sconttnuance, closure and abandonment re a portion of Joseph Place north of Mabel Lane to create a cul-de-sac, contmmng 3,604.68 square feet. (DISTRICT 6- BEACH) Recommendation: APPROVAL . Application of CHARLES T., FLOYD T. and IRVING N. DEARY for a Con&tional Use Permtt to add an automated car wash to the existing fuel sales at 1689 Laskin Road and First Colonial Road, contalmng 23,697 square feet. (DISTRICT 5 - LYNNHAVEN) Recommendation: APPROVAL , Application of RPA Salem Lynnhaven, LLC, for a Change of Zoning Dtstrtct Classtficatton from R-5D Residential Duplex to Conditional B-2 Community Business re a 7-11 on property at the east side of Salem Road, north of Lynnhaven Parkway, containing 28,677.72 square feet. (DISTRICT 1 - CENTERVILLE) Recommendation: APPROVAL o Appllcat~on of DANNY MARTIN for a Change of Zoning Dtstrtct Classtficatton from A-12 (SD) and A-18 (SD) Apartment Districts to A-18 with a PD-H2 Overlay (Shore Drive Comdor Overlay District) at Pleasure House Road and North Greenwell Road, contmmng 1 acre. ( DISTRICT 4- BAYSIDE) DEFERRED: Recommendation: July 2, 2002 APPROVAL M. APPOINTMENTS CHESAPEAKE BAY PRESERVATION AREA BOARD DEVELOPMENT AUTHORITY FRANCIS LAND HOUSE BOARD OF GOVERNORS HUMAN RIGHTS COMMISSION PARKS AND RECREATION COMMISSION PERSONNEL BOARD PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE - COIG TOWING ADVISORY BOARD VIRGINIA BEACH/JAMESTOWN 2007 STEERING COMMISSION WETLANDS BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at th~s meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call TDD only 427-4305 (TDD - Telephomc Device for the Deaf) 08/22/02 AGENDA\08/27/02\gw www vbgov com , OUR MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 2 7 August 2002 Vtce Mayor Robert C Man&go, Jr, called to order the CITY COUNCIL'S BRIEFING re ROCKNROLL ~ MARATHON tn the City Council Conference Room, City Hall Bmldmg, on Tuesday, August 27, 2002, at 2 O0 P M Counctl Members Present Margaret L. Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva and James L Wood Counctl Members Absent Mayor Meyera E Oberndorf [Entered 2 08P M., gtvtng speech re Transportatton Referendum] Rosemary Wdson [Entered 2 05 P MI -2- CITY COUNCIL'S BRIEFING ROCK N ROLL ~ MARATHON ITEM # 50030 2:00 P.M. The Ctty Manager tntroduced James Rtcketts, Dtrector- Conventton and Vtsttor Development, Buddy Wheeler, Sports Markettng Co-ordmator and Ttm Murphy -Prestdent, Ehte Ractng Mr Rtcketts advtsed last Summer was the inaugural race for the Rock N Roll ~ Marathon. Between the Amertcan Music Festtval and the Marathon, many of the bustness communtttes tn the Resort Area declared last Summer economtally thetr best Labor Day weekend Ehte Ractng ts the largest runntng promotton company tn the World Mr Murphy ts also founder of the Carlsbad 5000 Meter Race tn 1986, (whtch ts regarded as the best tn the World), as well as the Suzukt Rock N Roll Marathon tn San Diego and the Country Mustc Marathon tn Nashville Mr Murphy advtsed the dectston to commence The Rock 'n'Roll Half Marathon began two years ago The Mayor, Ctty Manager, Jtm Rtcketts and the markettng team met wtth him on Labor Day tn the Ctty Counctl Conference Room Goals were estabhshed to assure the event was faintly ortented, nattonally televtsed and gtve a "boost" to the Labor Day wekend tn terms of &rect spen&ng All expectations were exceeded For a first year event, the Rock 'n ' Roll ~ Marathon proved to be the largest ~ Marathon tn the World, and the second largest runntng event of any kmd on the "Planet" The course can only handle 15,000 runners thts proved to be one of the best compettttve fields tn the htstory of the sport A great Amertcan athlete, Deena Drosstn of Mammoth Lakes, Cahfornta, won the race Deena 's parttctpatton was through the efforts of the Mayor Ms Drosstn went on to wtn the New York Ctty Marathon four (4) weeks later Deena beat the world record tn the Carlsbad 5000 and the Amertcan record at 10,000 meters on the track All the newspapers throughout the Untted States referenced Deena wtnntng the Marathon and referenced her also wtnntng tn Vtrgtnta Beach Over l O0-MILLION postttve tmpresstons were recetved from the nattonal televtston and other promottons throughout the natron Over 80% of the parttctpants were outstde the Hampton Roads area Correspondence was recetved from the Restaurant Assoctatton stattng tt was thetr best weekend at the Beach Ehte Racing was aggresstve tn their marketing, On a yearly basts, Ehte Racing travels the Untted States and dtstrtbutes entry forms markettng the Ctty of Vtrgtnta Beach 163-Million homes were reached by televtstng a one hour presentatton of the Rock 'n' Roll Half Marathon Mr Murphy &splayed a 3-mtnute vtdeo "Spirit of Rock 'n 'Roll", dlustrating not only Virgtma Beach, but the other Marathons sponsored by Ehte Racing Deena Drosstn will again participate thts year. The race was closed to parttctpatton 5 months before the race However, as per the request of the Mayor four hundred (400) places were reserved for the Mthtary returnmg from Afghamstan There are three world record holders parttctpattng The hotels are full Approxtmately 20 of the Ehte Ractng staff has already arrtved Ehte Ractng ts coordtnattng wtth Leukemia Society of America to promote thts race Leukemta ts the number one chsease ktller of chddren The Soctety wtll net $1.8-MILLION for Leukemia research from the proceeds of the race Mr Murphy expressed apprectatton to the Cay Councd for thetr support and leadershtp as well as the dedtcated and competent staff Thts event ts comprtsed of 15, 000 runners and walkers on a 13.1-mtle course who represent all 50 states and many countrtes Mr Murphypresented to the Mayor and Ctty Counctl the offictal gold record for last year's hnaugural race of the Rock N Roll ~ Marathon August 27, 2002 -3- CITY COUNCIL'S BRIEFING TOWN CENTER BLOCK $ ITEM # 50031 2:20 P.M. Mayor Oberndorf referenced being tntervtewed relattve the $18-MILLION investment of Hampton University Lou Haddad, Prestdent- Armada Hoffier, advtsed the Town Center ts getttng a truly regtonahsttc flatr &gntficant tnvestments have been recetved from Hampton Umverstty Drucker and Falk ts tn maktng a $7- MILLION equtty contrtbutton tnto theproposed apartments TowneBank from Portsmouth wtll be tnvesttng a few Mdhon dollars Cresthne Hotels and Resorts from Maryland are maktng a stgmficant tnvestment into the hotel The firstphase ts nearly complete The first tenants on the ground floor wtll open September 30, 2002, wtth the rest of the tenancy staggered unttl the end of the year, culmtnattng wtth the offices of Armada Hoffler movtng tn early 2003 The office butldtng ts 75% leased wtth verbal commttments of over 85%, whtch hopefully wtll come to fruitton tn the next 30 to 60 days Thts ts a testament to both theproject and the Ctty Armada Hoffler expects to announce wtthtn the next several weeks, the locatton of two large anchor retatlers tn Town Center, one of whtch does not have presence currently tn the market Those blocks wtll be apart of Phase II. The remamder of Phase I essenttally occurs tn the Parktng lot of the extsttng Columbus Center In the next thirty days, ground should be broken on the Hotel and TowneBank bmldtng Approxtmately two years ago, Armada Hoffler formed a partnershtp wtth Crestline Hotels and Resorts with the goal ofbrtngmg a htgh quahty hmtted servtce hotel to the Town Center Shortly thereafter, the market for hotelfinanctng "drted up" September 11, 2001, added to thts sttuatton Despite thts, Cresthne and Armada Hoffler were able to "keep the dream ahve" The hotel ts an tntegral part of Town Center The Htlton representattves were successfully courted and a franchtse was recently awarded to operate a htgh quahty hmtted service hotel Recently, a partnershtp wtth Hampton Umverstty provtded the tnvestment for the hotel Armada Hoffler has been partners on projects wtth Hampton Untversttyfor the last twelve (I2) to fifteen (I 5) years A dozen of bml&ngs have been constructed on the Hampton Umverstty campus, as well as the completton of a couple of real estate ventures Mr Haddad spoke wtth Dr. Wtlham R. Harvey, Prestdent- Hampton Untverstty, approxtmately a year ago, dtscusstng vartous opportumttes for the Untverstty's Endowment Fund Dr Harvey focused on the Town Center Ulttmately, thetr Board unantmously approved a loan and partnershtp tnterest tn the hotel The proposed hotel ts 176 rooms with limited service. Thts project ts geared toward the bustness traveler Armada Hoffler explained to Htlton thts hotel needed to be the "htgh end" of thetr hmtted servtce product This product has been patterned after a project tn Washington, D.C. on Pennsylvania Avenue between I1tn and 12tn Street The entrance wtll be tnstde the porta catchter Cresthne Hotels and Resorts will operate the hotel They presently operate the Marriott tn Norfolk and the Renatssance tn Portsmouth Thts wtll be a Htlton Garden Inn Paul Gladd representtng Crestline, whtch ts a franchtsee of the Hilton and Marrtottproduct, advtsed a htgh end hmtted servtce product whtch provtdes the sleeptng quarters and the locatton to gather prtor to a meettng or conduct other bustness whtch ts tn strong demand tn all of these Town Centers Many guests of the hotel whtch to experience the Town Centers where all ts wtthtn walktng &stance, t e restaurants, park facthttes and retatt Hilton and Marrtott devtsed an urban style concept whtch ts a hybrtd It provtdes the "wow "factor of walkmg into a lobby of a full service hotel Theproduct does not have the massive meetmg space and the huge restaurant whtch would have been a competttor to the P F Chang's restaurant already commttted to the Town Center Mr Gladd chsplayed photographs of the proposed hotel Thts type hotel ts tn great demand and runntng wtth an approxtmate $145 average datly rate, wtth 80% occupancy An urban style hotel can be utthzed by everyone, those whtch are, or are not, on a per &em As far as quahty, thts hotel wtll be a close coustn to the Renatssance and Marrtott tn Norfolk Counctl Lady McClanan expressed concern that she does not constder thts hotel on the same level as the Marriott and Renaissance Councd Lady McClanan beheves the hotel should afford more competition to Norfolk and Portsmouth Mr Gladd advtsed adverttstngfor thts concept would be "word of mouth" The htgh end Htlton requtres a stgntficant amount of meettng space wtth a 3-meal a day restaurant, valetparktng and a farther set back for the entrance }Vtthout stgntficant ctty substdy, thts type of product would not be feastble Portsmouth was not tnterested tn a Town Center concept, but rather a group house to have vtsttors expertence the waterfront There are several hybrid, urban style hmtted service products tn Town Centers that are thrtvtng at the present ttme Counctl Lady }Vtlson tnqutred relattve servtces Mr Gladd advtsed there wtll sttll be an element of restrtcted room servtce (not 24-hours) P F Chang's has tncltcated tnterest tn provtdtng the food for thts room servtce A dry cleaners tn the Town Center could also provtde servtces There wtll be frtendly educated front deskpersonnel , engtneers who can fix anything that ts amtss tn the room, access to a large swtmmtngpool, guest laundry, vendtng on everyfloor, a small conventence store, lobby bar (tntttated by PF Chang's and an exerctse facthty) Mr Gladd advtsed Counctlman Wood the brand standards are very strict The City has provtded the covered parktng whtch ts the Parktng Garage tn Town Center August 27, 2002 -4- CITY COUNCIL'S BRIEFING TOWN CENTER BLOCK 5 ITEM # 50031 (Continued) Mr Haddad advtsed the Town Center concept always contatned two (2) hotels, the first betng a hmtted servtce hotel Thts fits "hand in glove "wtth Town Center Ulttmately when Town Center matures, there wtll be enough demand for a conventton center hotel Thts may or may not happen To accomphsh thts now wouM be a waste of the City's funds and a wrong fit for the project The Renaissance Hotel tn Portsmouth ts a $46-MILLlONproject wtth prtvate mvestment of $12-MILLION The Norfolk Marriott ts a $50-MILLION proJect wtth prtvate tnvestment of $28-MILLION There wtll be a full servtce hotel at 31s' Street and there wtll be a need for a full servtce hotel at the Conventton Center A full servtce at the Town Center would be third tn hne Ketth Horton, Executtve Vice Prestdent and Dtrector, Operattons Dtvtston- TowneBank, advtsed thts bank was estabhshed approxtmately three (3) years ago and ts now the largest bank tn Hampton Roads Wtlham H Hargrove, Dtrector- TowneBank and Archttect with Hargrove, Brockwell and Assoctates, represents thts project betng estabhshed tn Town Center Mr Hargrove &splayed tllustrattons of the site, whtch ts located on the corner of Constttutton Drtve and Vtrgtnta Beach Boulevard The Bank wtlI be adjacent to the hotel They are endeavortng to be compattble wtth the hotel both tn matertals and features Mr Hargrove &splayed the four (4) drtve-thru facthttes, whtch have assumed a low profile to assure compattbthty The Bank will have a double staled facade The wtndows are large wtth a brtck surround and the awmngs are the TowneBank "blue", whtch wtll also be utthzed on the hotel All the materials wtll be matntenance-free wtth fiber glass columns Mr Hargrove &splayed the entry to be mamly utthzed The TowneBank ts coordtnattng wtth Armada Haffler to attempt to have the bank and hotel bastcally completed at the same ttme Mr Horton advtsed the ttme would be approxtmately thtrteen months from September 2003 The tellers at the drive-thru will be remote and the passenger will be viewing a television momtor MSNBC, CNNor other bustness financtal news Mr Horton advtsed thts ts also a "wow" factor, a feel good expertence Every financtal center ts a step above the prevtous one The Mayor requested this TowneBank be constdered their "flag shtp" proJect Mr Hargrove advised Counctlman Vtllanueva re the drtve thrus, that stackmg ts avatlable There should not be any overflow Traffic wtll be kept out of the parking area There are a number of lanes avatlable to move traffic raptdly The Bank ts presently 16, 000 square feet wtth two stones The lobby wtll be htgher Vtce Mayor Mandtgo comphmented the appearance and tts comphmenttng of the Town Center Mr Haddad expressed apprectatton to the Burrell Saunders, Archttect, and the CMSS firm Mayor Oberndorf advtsed any further questtons generated by Ctty Counctl should be submttted to Mr Haddad as soon as posstble August 27, 2002 -5- CITY COUNCIL'S BRIEFING MOSQUITO CONTROL VIDEO 3:05 P.M. ITEM # 50032 The Ctty Manager tntroduced the Mosquito Control Video produced by the Department of Pubhc Works - Mosqutto Control, as a result of the }Vest Nile Virus. The Ctty Manager expressed prtde tn the staff's productton of thts video Art Shaw -Operattons Engtneer, Pubhc Works Department and Phtl Meektns, Mosqmto Control Superintendent, were tn attendance Mosqutto borne &seases have kdlled more tn&vtduals than all war casualttes tn the htstory of manktnd There are over 3, 000 &fferent mosqutto spectes worldwtde and approxtmately fifty-stx (56) have been recorded tn Vtrgtnta Each spectes ts umque wtth &fferent habttats, behavtor, and phystcal charactertsttcs The one thtng mosquttos have tn common ts thetr dependance on stagnant water to complete thetr hfe cycle Most of the four stage hfe cycle or complete metamorphous takes place tn stagnant water This ts the reason many mosqmto control techntques often tnclude water management or &fferent types of water treatment. The communtty's matn concerns are the Eastern Equtne Encephahtts, West Nde Vtrus and Dog Heartworms Eastern Equtne Encephahtts ts a sertous &sease and has pertodtcally plagued our ctttzens ' horses for many years It ts a sertous &sease that ts deadly to most unvacctnated horses and about 30%fatal to humans It results tn permanent debdttatmg neurologtcal problems and many other human cases West Nde Vtrus was first &scovered tn the area tn 2001 It ts most dangerous to those over the age of fifty or wtth weakened immune system Both Eastern Eqmne Encephahtts and West Nde Vtrus are maintained tn the local bird populatton To control mosquttos and the &seases they carry, thetr hfe cycle must be tnterrupted The best ttme to do thts ts when they are tn the aquattc stage and not acttvely btttng Getttng rtd of stagnant water ts the best long term method of mosqutto control Mosqutto control crews spend much of thetr off-season work ttme cleartng and matntatning dratnage &tches to keep water flowtng. Other tmportant sources of stagnant water are contatners that catch and hold ratn water for more than one week These contatners are espectally prone to bree&ng Astan Tiger Mosqmtos Thts ts the species responsible for the largest number of mosqmto problems for the ctttzens of Vtrgtnta Beach The Mosquito Control Complex tn Pungo has an &foot barb wtre fence surroun&ng the compound (occupted 24 hours a day wtth an armed guard at ntghO Ail chemicals and tnsecttctdes utthzed are stored tn sheds whtch have 2 mch steel doors that are doubled locked All larva collected are tdenttfied to determtne the prevalence of certam spectes Lab personnel also set CDC traps weekly at 21 estabhshed locattons to monttor adult mosqutto populattons These traps catch female mosquttos that are seektng a blood meal to develop thetr eggs Male mosquttoes do not requtre a blood meal and never bite The catches are returned the next day to the biology laboratory The catches from several areas of the Ctty are placed tn separate large Petra &shes and are rough sorted and separated tnto spectes These are sent to the Nor. fo& Regtonal Health Department Laboratory to be tested for thepresence of mosqutto borne &seases Another survedlance utdtzed by the Btology Laboratory ts testtng "Senttnel" chtckens to determtne the level of &sease acttvtty tn the area Sentmel chtckens areplaced tn &fferent areas of the ctty A small sample of the chtcken's blood ts taken every two weeks and sent to the Norfolk Regtonal Health Department Laboratory to be tested for mosquito control &seases Reports of these results are tmme&ately submttted to the Mosqmto Control Supertntendent to make treatment dectstons Restdents can call the Mosqutto Hot Ltne to determtne where the spray trucks wdl be treattng 426-6611 The most effecttve preventattve measure agatnst the Asian Tiger Mosquito ts fin&ng and treattng thetr breedmg spots Phd Meektns, advtsed the green sticker ts a program devised to capture residents whtch are 300feet or more off the road The product wtil not do ttsjob over 300feet People need to get out of thetr door when spraytng commences Mr Meektns advtsed at the present ttme, because of the West Nile Vtrus presence, every area tn the Ctty ts betng sprayed The spraymg takes place between 6 O0 P M and 11 O0 P M Vice Mayor Man&go referenced a meettng at Kempsvdle Mtddle School re the Fox Run Dttch last Thursday, August 22, 2002 Several Departments were represented as this &tch contains mosqmto bree&ng areas as well as rodent tnfestattons Vtce Mayor Man&go was tmpressed wtth the attendance and the Ctty responses The Vtce Mayor commended the Mosquito Control and the Ctty Manager for thetr &hgence tn protecttng our ctttzens Mr Meektns advtsed Councdman Vdlanueva the effects of the spraytng last several days The spraytng is hke a fly swatter tt kdls only the mosqmtos tt impacts From 6 O0 P M to 11 O0 P M ts when the majortty of spectes are acttve Mr Meektns advtsed the Operattng Budge was $1 4-MILLION last year and $1 6-MILLION thts year Mayor Oberndorf expressed apprectatton for a great job August 27, 2002 ,12 -6- .4 GENDA RE VIE W SESSION 3:30 P.M. ITEM # 50033 Ordtnance to AUTHORIZE the Ctty Manager to execute LE,4SE of ctty-owned property The Buffington House at 2441 North Landing Road to Michael Connors (DISTRICT 7 - PRINCESS ANNE) Mayor Oberndorf referenced a Commtttee whtch was to revtew the utthzatton of the Buffington House The Parks tn the southern end of the Ctty were to be represented tn thts butldmg wtth the posstbtltty of Barry Frankenfield - Parks and Recreatton havtng an office located therem The Ctty Manager advtsed the staff has reviewed the best use of the property for the pubhc benefit At least for the tntertm, tt was determined that the renewal of the lease wtth the current Lessee wtll asstst the Ctty tn the matntenance of the Buffington House and the surroundtng grounds andprevent vandahsm The lease ts for a term of one year wtth renewal opttons of four addtttonal one year-periods and a 60-day cancellation At the present ttme, the staff does not have a pubhc use tn mtn& however, at some potnt tn the future as the tratl systems evolve and the West Neck Park comes on hne to a greater extent, thts house mtght be uttltzed to a greater extent for another purpose Mayor Oberndorf referenced the replacement of wtndows whtch are not htstortcally correct The Ctty Manager advtsed any remodehng of the home must be accomphshed after wrttten permtsston of the Ctty The house ts not htstomcally accurate Counctl Lady McClanan referenced a stmtlar problem tn the Francts Land House relattve htstortcally correct modtficattons Counctlman Wood expressed concern relattve the prtce of $600 a month for a 2-bedroom, 2 bath house on 8 67 acres ts well below market Counctl Lady Wtlson and Counctl Members Maddox and Reeve concurred This ttem wdl be DEFERRED INDEFINITEL Y, B Y CONSENT ITEM # 50034 ,14 Ordtnance to TRANSFER $116,136 from contractual servtces to the FY2002-03 Department of General Servtces operattng budget re three addtttonal full ttme custodial worker postttons to serve Automottve Servtces, Antmal Control, Hehcopter Shop, Mosqutto Control, Pendleton Chtld Servtces, Pohce K-9, Pohce Tratntng Gym, Pungo Pohce Substation and the Spectal Operations and SWAT Trader Counctl Members Reeve and Wood expressed ocncern and mqutred tf the service desired was not received wtth the current contract or was tt just general performance Currently, all buddtngs at the Mumctpal Center are servtced by Ctty Members and all other cttyfactltttes are servtced by cleantng contractors }Vhtle thts system has worked well tn the past, the level of servtce at nine (9) Ctty facthttes has dechned tn an unacceptable level while the hourly cost for contractual services has escalated Councd Lady Eure tnchcated, when she was a Ltatson to the Mtnortty Bustness Counctl, the largest contract wtth the Ctty was for custodtal servtces, however, personnel was a great problem Chuck Davts, Admtmstrator -Butldtng Matntenance, advtsed Leon N Old, Jr ts the new Supertntendent of Custochal Servtces Mr Old brought the tssue forward to Mr Davts relattve the cluster of ntne (9) butldtngs tn the southern portton of the Ctty, examtning the cost to servtce these butldtngs -- approxtmately $21 O0 an hour betngpatd by the City A cost comparison wtth Ctty staff tnchcated a rate of $13 73per hour Mr Davts advtsed the Ctty does have the flextbthty to provide 15 days notice and remove a building or butldtngs from the contract August 27, 2002 -7- A GEND/I RE VIE W SESSION ITEM # 50035 K2 Resolutton requesttng ctttzens to vote affirmattvelyfor the Hampton Roads Transportation Referendum re tncreastng the sales and use tax by one percent (1%) and thts revenue to be used solely for transportatton tmprovements tn this area Councd Lady McClanan referenced the dtscusston concermng an overstght commtttee and wouM hke assurance the expendttures and work are momtored to reassure the pubhc As worded, mass transtt was tndefimte Counctlman Schmtdt advtsed there are six (6) Counctl Members on the Hampton Roads Planning Dtstrtct Commtsston (HRPDC) Counctl Lady Wtlson advtsed several members of the Ctty Counctl are tn agreement that the overstght commtttee should be comprtsed of citizens Mayor Oberndorf referenced the Virginia Beach 1986 Bond Referenda Committee and R Bradshaw Pulley, a representattve ofthts Commtttee Thts Commtttee oversaw $100-MILLION worth of Referenda Bonds to butld the major roads tn the Ctty The Commtttee reported to the Ctty Counctl quarterly Thts gave thepubltc a feehng of securtty The Ctty Counctl ts looktngfor a party that ts ummpeachable and can report back to the ctttzens relattve the funds staytng wtthtn the regton and betng utthzed properly Councilman Jones advtsed the Planmng Dtstrtct Commtsston has not appotnted a a Sub Commtttee to overstght the Referendum Thts can be brought up as a suggestton at the Metropolitan Planning Organization (MPO) meettng Mayor Oberndorf advised the legislation contains wording that the Members of the Hampton Roads Planning District Commission (HRPDC) wtll oversee Counctlman Jones wtll be the mcomtng chart of the HRPDC Counctl Lady Eure expressed reservattons as she does not thtnk the sales tax ts the approprtate revenue source The funding should be derived from users 'fees, tolls and a gas tax Every "hmb" of the Virginia Department of Transportatton (VDOT) has been dtssected The majortty of the old members of VDOT have become prtvate consultants Counctl Lady Eure has reservattons turntng over theseprojects to the "new ktds on the block" of VDOT Counctl Lady Eure would prefer the optton of etther plactng the projects out to btd or have VDOT manage Mayor Oberndorf advtsed the dectston on fundtng was not the dectston of the locahttes Mayor Oberndorf referenced attendance on January 29, 2002, of Senators Mary Wtlhams, Kenneth W Stolle and Frank W Wagner The Ctty had flown the Senators tn vta pohce hehcopter to brtef Ctty Counctl relattve the proposed Referendum The Senators advtsed the gasohne and toils were not recommended for utthzatton of road tmprovements as these fundtng sources would not pass the General Assembly The Members of the General Assembly chd not wtsh to have tolls on roads, which had been pard The gas tax was projected to be ratsed 12¢ a gallon Wtthout the tolls, the gas tax would have to be ratsed to 20¢ a gallon Mayor Oberndorf beheves there ts a rebutldtng of staff that wtll be result tn excellent managers There ts a butlt tn escalatton clause tn the fundtng Counctlman Schmtdt advtsed the new Secretary of Transportatton, Whttttngton Clements, Chatrs the Subcommtttee on Approprtattons for Transportatton Councdman Jones advtsed there ts bastcally a $5.3-BILLION deficit for the Biennium in the State of Virginia. A 20% cut across the board wtll probably occur If we do not make the effort to take control of thts tssue through the HRPDC and the MPO, the ctttzens are not gotng to be able to move around tn thts area Vtce Mayor Man&go advtsed thts Referendum gives thts Regton an opportuntty to have a say tn thetr desttny As the City ts looking to recrmt more economic business into the area, the business communtty may vtew thts Referendum favorable, deptcttng the leadershtp of our ctttzens tn taktng care of thetr own future August 27, 2002 -8- AGENDA RE VIEW SESSION ITEM # 50036 K3 Resolutton estabhshtng the Vtrgtnta Beach Transition Area Technical Review Committee and provt&ng for tts membershtp and responstbthttes The Ctty Attorney requested the Resolutton be constdered, however, the appotntments to the Transition Area Technical Review Committee be DEFERRED Counctlman Reeve advtsed stnce thts was addressed at the Transition Area Workshop of August 20, 2002, many tndtvtduals have called and wtshed to be a part of the Commtttee Not only should there be open meettngs wtth this Commtttee, but an "open mtke " for pubhc comment Councdman Reeve advtsed Dtsclosure Statements were forwarded to all proposed participants on the Commtttee The Commonwealth Attorney ts also conducting a review There has not been sufficient time for revtew Counctlman Schmtdt advtsed there wtil be every opportunutty to retatn as much pubhc commment as posstble Councdman Jones referenced the meettngs procedure of the Shore Drive Advisory Commission At the end of each meettng, there was a pubhc comment sesston Thts allowed the pubhc the opportumty to speak Much of thepublic comment was taken tnto constderatton tn the final dectston makingprocess Counctlman Jones recommended adoption of thts type of procedure ITEM # 5003 7 B Y CONSENSUS, the foilowtng shall compose the CONSENTAGENDA: ORDINANCES J1 Ordtnance to declare EXCESS PROPERTY on 6,197 5 square feet extenchng eastwardly from Lake Bradford to Lake Joyce tn the Chesapeake Beach area, formerly acqutred from the Ctty of Norfolk, and, AUTHORIZE the Ctty Manager to convey thts property to Danny K. Martin for future development. (DISTRICT 4 - BA YSIDE) J 2 Or&nance to AUTHORIZE the Ctty Manager to execute LEASES of ctty-owned property Hampton Roads Agriculture Experimental Statton at Dtamond Sprtngs Road to the United States of America (Department of Transportatton/Federal Avtatton Admtntstratton) (DISTRICT 4 - BA YSIDE) The Buffington House at 2441 North Lan&ng Road to Michael Connors (DISTRICT 7 - PRINCESS ANNE) Juchctal Center office space at 2425 Ntmmo Parkway to the Vtrgtnta Beach Bar Assoctatton (VBBA) (DISTRICT 7- PRINCESS ANNE) J3 Ordtnance to ACCEPT and APPROPRIATE a $46,658 grant from the Vtrgtnta Department of Emergency Medtcal Servtces to the Department of Emergency Me&cai Servtces ' (EMS) FY2002-03 operattng budget re the "Two-for-Life "program August 27, 2002 -9- AGENDA RE VIEW SESSION ITEM # 5003 7 (Continued) RESOLUTIONS K1 Resolutton requesting ctttzens to vote affirmattvelyfor the November Referendum re issuance of General Obhgatton Bonds to fund educational improvements at the College of Wtlham and Mary, Old Domtnton University, Norfolk State Umverstty, and Tidewater Communtty College as well as Parks and Recreational facilities K2 Resolutton requesttng ctttzens to vote affirmattvelyfor the Hampton Roads Transportation Referendum re tncreastng the sales and use tax by one percent (1 °/3o) and thts revenue to be used solely for transportatton tmprovements tn thts area K3 Resolutton estabhshtng the Vtrgtnta Beach Transition Area Technical Review Committee provtdtng for its membershtp and responstbthttes J4 Ordtnance to TRANSFER $I16, I36 from contractual servtces to the FY2002-03 Department of General Servtces operattng budget re three addtttonal full ttme custodial worker postttons to serve Automottve Servtces, Antmal Control, Hehcopter Shop, Mosqutto Control, Pendleton ChtM Servtces, Pohce K-9, Pohce Tratntng Gym, Pungo Pohce Substatton and the Spectal Operattons and SWAT Tratler Item J 2b will be DEFERRED INDEFINITEL Y, B Y CONSENT August 27, 2002 -lO- AGENDA RE VIEW SESSION ITEM # 50038 L2. Apphcatton of DAKOTA ASSOCIATES, LLC, for dtsconttnuance, closure and abandonment re a portton of Joseph Place north of Mabel Lane to create a cul-de-sac, contatmng 3, 604 68 square feet (DISTRICT 6- BEA CH) Councd Lady Wtlson expressed concern relattve the Lavendar Lane tssue Councd Lady McClanan advised she drtves through thts netghborhood a lot Counctl Lady Eure prefers a thru street rather than a cul-de-sac Counctl Members Eure, McClanan and Wtlson wtll vote NA Y on thts ttem ITEM # 50039 L5 Apphcatton of DANNY MARTIN for a Change of Zomng Dtstrtct Classtficatton .from A-12 (SD) and A-18 (SD) Apartment Districts to A-18 with a PD-H2 Overlay (Shore Drtve Corrtdor Overlay Dtstrtc0 at Pleasure House Road and North Greenwell Road, contatmng I acre (DISTRICT 4 - BA YSIDE) Councd Lady Eure expressed concerns re the absence of vinyl shakes on the more expenstve portton of the project ITEM # 50040 BY CONSENSUS, the followtng shall compose the PLANNING BY CONSENT AGENDA: L1 Apphcatton of MARK and LESLIE ROSENSTOCK (STUART N. DUFFEN, AIA) for an enlargement tn a nonconformtng use to add square footage to the rear untt of a duplex on the east stde of Beech Street, Cape Story By The Sea and Cape Henry Shores, at Admtral Drtve, contatntng 6, 900 square feet (DISTRICT 5- L YNNHA VEN) L2. Apphcatton of DAKOTA ASSOCIATES, LLC, for dtsconttnuance, closure and abandonment re a portton of Joseph Place north of Mabel Lane to create a cul-de-sac, contatntng 3, 604 68 square feet. (DISTRICT 6- BEA CH) L3. Apphcatton of CHARLES T., FLOYD T. and IR VING N. DEAR Y for a Conchttonal Use Permtt to add an automated car wash to the extsttngfuel sales at 1689 Lasktn Road and Ftrst Colontal Road, contatntng 23, 697 square feet. (DISTRICT 5 - L YNNHA VEN) L. 4 Apphcatton of RPA Salem Lynnhaven, LLC, for a Change of Zontng Dtstrtct Classtficatton from R-5D Residential Duplex to Conditional B-2 Community Business re a 7-11 on property at the east stde of Salem Road, north of L ynnhaven Parkway, contatntng 28,677 72 square feet (DISTRICT I - CENTER VILLE) August 27, 2002 -11- AGENDA RE VIE W SESSION ITEM it 50040 (Continued) L 5. Apphcatton of DANNY MARTIN for a Change of Zontng Dtstrtct Classtficatton from A-12 (SD) and A- 18 (SD) Apartment Districts to A-18 with a PD-H2 Overlay (Shore Drtve Corrtdor Overlay Dtstrtct) at Pleasure House Road and North Greenwell Road, contatmng 1 acre (DIStRICt 4 - BA YSIDE) Counctl Members Eure, McClanan and Wtlson wtll vote NAY on Item L 2 August 27, 2002 - 12- CITY COUNCIL COMMENTS 4:25 P.M. ITEM tt 50O41 Councdman Vdlanueva referenced the Council of Civic Organizations (CCO) sponsored Transportation Forum re the Referendum tn Ctty Councd Chambers on Friday, August 23, 2002, and the attendance of Mayor Oberndor. f Councdman Vdlanueva tntroduced Mark Andrews, part of hts Campaign Team He ts the Ytrgtnta Beach operattve for the "Yes" campatgn Mr Andrews satd he would be conferrtng wtth all Councd Members and wouM be happy to provtde any support and hterature relattve educattonal matertals Councd Lady Wdson requested a speaker for a group Mr Andrews advised a speakers bureau ts avatlable and he would be pleased to accommodate thts request ITEM # 50042 Councdman Maddox advtsed the City CounctI site tnspectton trip has been rescheduled for September 19, 2002 Councdman Maddox dtstrtbuted the Itinerary for the Transttton Area Tour Charleston, South Carolina Raleigh, North Carolina Salisbury, Maryland Daniel's Island I'ON Carpenter's Village Bedford Wakefield Ocean Pines, Active Adult Center ITEM # 50043 Councd Lady Wdson advtsed at 3:00 P.M. this afternoon, August 27, 2002, Senator John Warner and Senator Ed Schrock conducted a ceremony to honor the Old Cape Henry Lighthouse Thts was the first Pubhc Works project signed by President George Washtngton tn the Continental United States ITEM # 50044 Councd Lady Wdson comphmented the stgns throughout the Ctty on open space and the dtfferent projects to advtse the ctttzens' thetr tax dollars are at work Thts ts not just land, but land the ctttzens own Councd Lady Wtlson extended apprectatton to Councd Lady Eure for her parttctpatton tn the Open Space Subcommtttee and the Ctty Councd Councd Lady Eure also extended apprectatton to the staff ITEM # 50045 Councd Lady McClanan tnqutred about the Navy Brtefing re the Draft Environmental Impactment Statement for Ctty Councd meettng wtth the Navy on September 4, 2002, at 1 30 P M in the Pavthon VIP Conference Room and only City Councd, not ctttzens, betng allowed to ask questtons The Ctty Manager advtsed as elected officials, the Navy wished to brief the City Councd, but if they went beyond that, they could not cut off debate as all other groups would hke the same rtghts ITEM # 50046 Councd Lady McClanan also expressed concern relattve the Ctty Councd Brtefing on the Sandbrtdge Road Corridor Opttons on Tuesday, September 3, 2002, and then a Ctttzen Informaaon Meettng on Thursday, September 5, 2002, re the Sandbrtdge Road Corrtdor lmprovements CIP-151 Somettme ctttzens need ttme to study the issues Councdman Reeve advtsed the consultants wdl be brtefing Ctty Councd on three opttons tdenttfied, location, as well as the aesthettc look of the roadway and the constructton A matrix has been developed to enable Ctty Counctl to evaluate thsrupttons to existing homes, businesses, number of acres of land that wtll need to be acqutred, amount of wetlands dtsturbed and the amount of Federal property whtch must be negottated Thts tnformatton ts avadable on the Sandbridge. com Website There have been monthly meetings attended by ctttzens August 27, 2002 - 13- CITY COUNCIL COMMENTS ITEM # 50047 Counctlman Maddox referenced the Pendleton Parking Lot and advtsed hts personal e-mad was placed on Surfline. com. As a result, he has recetved approxtmately 200 e-marls tn the last seven (7) days Mr Maddox &strtbuted a sample of seven (7) of the most horrtfic e-marls These are the m&vtduals who have created much of theproblem tn Croatan The next group &strtbuted by Counctlman Maddox ts a samphng of the vast majortty These tn&vtduals were apologettc that they were mtstnformed These encompass 70% of the e- mads Councdman Maddox responded personally to each of the e-mads Councdman Maddox referenced a memorandum from the Police Chief to the City Manager, dated February 8, 1984: "Currently a patrol car ts asstgned on a 24-hour basts to the zone tn whtch Croatan Beach ts located However, durtng the Summer season, an ad&ttonal officer ts asstgned durtng the dayttme and evemng shtfts prtmartly to handle parktng complatnts and related problems on weekdays On the weekends, at least two other officers are asstgned exclustvely to the Beachfront area of Croatan Ad&ttonallyfour-wheel drtve vehtcles patrol thts area when avatlable During the past tourtst season, over 2,000 parktng ttckets were tssued tn thts area and approxtmately 35 vehtcles were towed Constderable effort was &rected toward curtathng reckless drtvtng, drtnktng tn pubhc and other nmsance vtolattons" The memo further detatls were approximately 120 restdenttal homes and 360 ctttzens tn Croatan Today there are 500 homes and almost I500 people, with an addittonal 150,000 tn&vtduals rest&ng tn Virginia Beach Councdman Reeve advtsed he had spoken wtth many m&vtduals, matnly surfers The majortty of concerns still come from the older professtonal surfers who enjoy surfing prtor to work Counctlman Maddox ts worktng hard to secure the Pendleton Parking Lot year-round. Councdman Maddox advtsed he ts opttmtsttc to havtng the Pendleton Parking Lot open year-round If not posstble, he has no problem tn removtng ttme restrtcttons from some of the lots tn Croatan to allow ample room for the early morntng surfer ITEM # 50048 Vtce Mayor Man&go referenced Or&nance to TRANSFER $300, O00 from vartous Storm Water Capital ProJects to Capttal ProJect #7-012, to extend the ptped drainage system tn Fair Meadows Thts item wtll be scheduled for the Ctty Counctl Sesston of September 3, 2002 Part of these funds, he understands, will be utthzed for planmng work tn the Transition area, whtch ts to support the techntcal assistance team and the other portton deals with the Fair Meadows project Vice Mayor Man&go attended thetr Ctvtc League meettng last eventng, August 26, 2002, and the Ctvtc League retterated concerns Thts project ts scheduled to end tn September There are &tches that are a problem as far as pubhc health and safety are concerned The ctttzens wtll be contacttng the Ctty Councd members August 27, 2002 - 14- ITEM # 50049 Vtce Mayor Mandtgo called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Ctty Councd Conference Room, Ctty Hall Budding, on Tuesday, August 27, 2002, at 4 40 PM Councd Members Present Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Jtm Reeve, Peter W Schmidt, Ron A Vdlanueva, Rosemary Wdson, and James L Wood Counctl Members Absent. Mayor Meyera E Oberndorf [Left to attend meettng wtth Senator John Warner, Representaave Edward Schrock, Representattve Owen Ptckett (rettred) and Judge David Adams, Prestdent- Hampton Roads Councd of the Navy League, requesttng support to have all 10 of the Navy's East Coast-based F/A 18 Super Hornet squadrons based at Oceana August 27, 2002 - 15- ITEM # 50050 Vice Mayor Man&go entertatned a motton to permtt Ctty Councd to conduct tts CLOSED SESSION, pursuant to Section 2 1-344(A), Code of Vtrgmta, as amended, for the followtng purpose PERSONNEL MATTERS Dtscusston, consMeratton or tntervtews of prospecttve can&dates for employment, asstgnment, appointment, promotton, performance, demotton, salaries, &sctphnmg, or restgnatton of specific pubhc officers, appointees, or employees pursuant to Sectton 2 1-344 (A) (1) To Wtt Appmntments Boards and Commissions Chesapeake Bay Preservatton Area Board Development Authority Francts Land House Board of Governors Human Rtghts Commtsston Parks and Recreatton Commtsston Personnel Board Pubhc Ltbrary Board Review and Allocation Commtttee Towtng Advtsory Board Vtrgtnta Beach/Jamestown 2007 Steertng Commtsston Wetlands Board PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the acqutsttton of real property for a pubhc purpose, or of the &sposttton of pubhcly-held real property, where &scusston tn an open meettng would adversely affect the bargatmng posttton or negottattng strategy of the public body pursuant to Sectton 2 2-3711(A)(3) Rudee Loop ProJect Acqutsttton of Property -Vtrgtnta Beach Dtstrtct LEGAL MA TTERS' Consultatton wtth legal counsel or brtefings by staff members, consultants, or attorneys pertatntng to actual or probable httgatton, or other spectfic legal matters requtrtng the provtston of legal advtce by counsel pursuant to Sectton 2 2- 3771(A)(7) Cay of Virgtnta Beach v Vtrgtma Martne Resources Commtsston, George Wdkte and the Wetlands Board Ctty of Vtrgtnta Beach v Vtrgmta Martne Resources Commtsston, Elton Turptn and the Wetlands Board Frtends of Ferrell Parkway, L.L C and Andrea Kilmer v the Ctty of Vtrgtnta Beach, et al Upon motton by Counctlman Jones, seconded by Councd Lady Wdson, Ctty Councd voted toproceed tnto CLOSED SESSION. Vottng 10-0 Councd Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Mandigo, Jr, Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood Councd Members Vottng Nay None Councd Members Absent Mayor Meyera E Oberndorf (4:40 P.M. - 6:00 P.M.) August 27, 2002 -I6- FORMAL SESSION VIRGINIA B EA CH CITY CO UNCIL August 27, 2002 6:00 P.M. Vtce Mayor Robert C Man&go, Jr, called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Counctl Chamber, Ctty Hall Butl&ng, on Tuesday, August 27, 2002, at 6 O0 PM Counctl Members Present Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Jtm Reeve, Peter W Schmtdt, Ron A. Vtllanueva,, Rosemary Wdson and James L Wood Counctl Members Absent Mayor Meyera E Oberndorf [ENTERED 6 30 P M Attendtng meettng wtth Senator John Warner, Representattve Edward Schrock, Representattve Owen Ptckett (rettred) and Judge Davtd Adams, Prestdent - Hampton Roads Counctl of the Navy League, requesttng support to have all 10 of the Navy's East Coast-based F/A 18 Super Hornet squadrons at Oceana] INVOCATION Reverend Robert E Cooper Chanty Umted Metho&st Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA August 27, 2002 Item V-E. -17- CER TIFICA TION OF CLOSED SESSION ITEM # 50051 Upon motton by Counctlman Jones, seconded by Council Lady Eure, Ctty Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc bustness matters lawfully exempted from Open Meettng requirements by Virgmta law were dtscussed tn Closed Sesston to which thts cert{ficatton resolutton apphes, AND, Only such pubhc bustness matters as were tdent{fied tn the motton convenmg the Closed Sesston were heard, dtscussed or constdered by Vtrgtnm Beach City Council Vottng' 10-0 Counctl Members Voting Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Mayor Meyera E Oberndorf August 27, 2002 OF OUll' #1 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 # 50050, page 15, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3711(.4) of ihe 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. Ruth Hodges Smith, MMC City Clerk August 27, 2002 Item V-F. 1. -18- MINUTES ITEM # 50052 Upon motton by Councdman Jones, seconded by Counctl Lady Eure, Ctty Councd APPROVED the Mtnutes of the INFORMAL AND FORMAL SESSIONS of August 13, 2002. Vottng 9-0 Councd Members Vottng Aye Margaret L Eure*, Louts R Jones, Reba S McClanan, Rtchard Maddox, Vtce Mayor Robert C Man&go, Jr, Jtm Reeve, Peter Schmtdt, Ron A Vtllanueva and James L Wood Counctl Members Vottng Nay' None Counctl Members Abstatntng Rosemary Wtlson Counctl Members Absent' Mayor Meyera E Oberndorf *Counctl Lady Eure ABSTAINED on the last two ttems of the Mtnutes, as she had to leave the Meeting early (6 25 P M) Counctl Lady Wtlson ABSTAINED as she was not tn attendance durtng the Ctty Counctl Sesston of August 20, 2002 August 27, 2002 - 19- Item V-G. 1. MA YOR 'S PRESENTATION ITEM # 50053 STATE FUNDS FOR RESTORATION OF 0 YSTER H/IBITA T The Honorable Frank W. Wagner, Senator - 7th Dtstrtct tn conjunction with The Honorable John J. Welch, III, House of Delegates - 21st District, presented a check for $40,000.00, ratsed by the homeowners of the Western Branch of the Lynnhaven Rtver Thts was for the purpose of promottng oyster growth Senator Wagner tntroduced Walter Harrell of the Vtrgtnta Martne Resources Commtsston who presented a check to the Virginia Beach Oyster Heritage Program in the amount of $65,000. Mr Harrell also tntroduced Dr James Watson -Dtrector of the Oyster Herttage Program, Vtrgtnta Martne Resources August 27, 2002 Item V-G.2. MA YOR 'S PRESENTATION - 20 - ITEM # 50054 Vtce Mayor Man&go tntroduced Nancy Creech, Prestdent of the Virginia Beach Neptune Festival Thts ts the 29tn year of the Festival What started as a small communtty Festival, has grown to be the largest event of tts ktnd tn the Commonwealth of Vtrgtnta Average vtsttatton ts from 44 states and 1 l foretgn countries each year The sand sculptmg draws masters and teams from places as far away as Belgium and France The Budget exceeds $1.3 to $4-MILLION, 'half of whtch ts ratsed from sponsors and 'halffrom the Neptune Festtval's own revenue centers Over $17-MILLIONin economtc benefit ts returned to the City The Festtval commences on August Thtrtteth and ends on September Twenty-ntnth There are 1200 volunteers for the Festtval plus an ad&ttonal 800for the Tmgon-Bay Brtdge Marathon on October 20, 2002 2002 ROYAL COURT KING NEPTUNE XXIX B Rod Rodrtguez TRITONS Dr Thomas Anthony Albertco Brtan Scott Burgess John Harrell Fatn Barry Dean Kntght Steven Cratg Layden Robert Preston Mtdgett Anthony Patrtck Nero PRINCESSES Maya Shavonne Cooke Chrtstte Letgh Dams Chelsea Lynn Fussell Cathertne Lynnette Man&go Stephante Lynn Salmons San& Robyn Stoeckeler PRINCESSES RO YALE Melame Lynn Albertco Kelly Ehzabeth Bernd Emthe Rene Ttlhou August 27, 2002 Item V-G.3. - 21 - MA YOR 'S PRESENT,4 TION ITEM # 50055 Mayor Oberndorf RECOGNIZED the followtng Boy Scout tn attendance to earn his mertt badge SCOUT TROOP # 445 Sponsored by Christian Church United Edgar Cruz-Senga August 27, 2002 Item V-H. - 22 - ADOPT AGENDA FOR FORMAL SESSION ITEM # 50056 BY CONSENSUS, Ctty Counctl ADOPTED: AGENDA FOR THE FORMAL SESSION August 27, 2002 Item V-I. 1. - 23 - PUBLIC HEARING ITEM # 50057 Vtce Mayor Man&go DECLARED A PUBLIC HEARING: EXCESS PROPERTY- 2268 Pleasure House Road- District 4, Bayside There betng no speakers, Vtce Mayor Man&go CLOSED THE PUBLIC HEARING August 27, 2002 Item V-I.2. - 24 - PUBLIC HEARING ITEM # 50058 Vice Mayor Mandtgo DECLARED A PUBLIC HEARING: HAMPTON ROADS A GRICUL TURAL EXPERIMENTAL STATION There betng no speakers, Vice Mayor Mandtgo CLOSED THE PUBLIC HEARING /lugust 27, 2002 Item V-I.$. - 25 - PUBLIC HEARING ITEM # 50059 V~ce Mayor Man&go DECLARED A PUBLIC HEARING: THE B UFFINGTON HO USE There betng no speakers, Vtce Mayor Man&go CLOSED THE PUBLIC HEARING August 27, 2002 Item VJ. 4. - 26- PUBLIC HEARING ITEM # 50060 Vice Mayor Man&go DECLARED A PUBLIC HEARING: JUDICIAL CENTER-LEASING - Office Space There betng no speakers, Vtce Mayor Man&go CLOSED THE PUBLIC HEARING August 27, 2002 Item V-J. -27- ORDINANCES ITEM # 50061 Upon motton by Counctlman Jones, seconded by Counctlman Schmtdt, Ctty Counctl APPROVED IN ONE MOTION, Ordtnances 1, 2a, 2b (DEFERRED), 2c, 3 and 4 and Resolutton lof the CONSENTAGENDA. Item 2b was DEFERRED INDEFINITEL Y, B Y CONSENT Voting 10-0 (By ConsenO Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Council Members' Vottng Nay None Counctl Members Absent Mayor Meyera E Oberndorf August 27, 2002 Item V-J. 1. ORDINANCES - 28 - ITEM # 50062 Upon motton by Councdman Jones, seconded by Councdman Schmtdt, Cay Counctl ,4DOPTED: Or&nance to declare EXCESS PROPERTY on 6,197 5 square feet exten&ng eastwardly from Lake Bradford to Lake Joyce tn the Chesapeake Beach area, formerly acqutred from the Ctty of Norfolk, and, ,4 UTHORIZE the Ctty Manager to convey thts property to Danny K. Martin for future development. (DISTRICT 4 - BA YSIDE) Vottng 10-0 (By ConsenO Council Members Voting Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Mayor Meyera E Oberndorf August 27, 2002 :L AN ORDINANCE DECLARING CERTAIN 2 PROPERTY EXCESS AND AUTHORIZING 3 CITY MANAGER TO CONVEY SAME TO 4 DANNY K. MARTIN WHEREAS, the City of Virg~nia Beach (the "C~ty") acquired btle from the City 6 of Norfolk ~n and to a parcel of real property which included a strip of land 25 feet wide extending eastwardly from Lake Bradford to Lake Joyce (the "Property") by deed recorded 8 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed 9 Book 1018, at Page 15, as shown on Location Map, attached hereto 10 WHEREAS, the City Council is of the opinion that a portion of the 11 PROPERTY referenced as "AREA TO BE DECLARED EXCESS (APPROX. 6,197 5 SF/ 12 0 1423 AC )' as shown on Location Map is in excess of the needs of the City of Virginia Beach and should be sold to Danny K. Martin; and 14 WHEREAS, an appraisal of market value has been prepared by a qualified appraiser and has been delivered to and approved by staff of the City 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA 18 1 That the portion of the Property containing approximately 6,197 5 19 square feet in area is hereby declared to be in excess of the needs 2o of the City and that the City Manager is hereby authorized to convey 21 said portion of the Property to Danny K Martin 22 2 That the appraised value of FIFTEEN THOUSAND DOLLARS 23 ($15,000) is to be the sale price of the portion of the property. 24 3 The conveyance of the approximately 6,197.5 square foot site is 25 subject to Danny K Martin's acquisition of the following three parcels 26 of real property' GPIN #1479-48-7476, GPIN #1479-48-7522, and 2'7 28 29 GPIN # 147948-6524 Danny K. Mart~n shall provide the City copies of the recorded ~nstruments showing transfer of title of the foregoIng parcels to Danny K. Martin, prior to closing. I 4 That the approximately 6,197 5 square foot s~te (the "Site") shall be conveyed subject to the following covenants, cond~bons, and restricbons w~th the final wording thereof to be sabsfactory to the C~ty Attorney a The C~ty shall reserve the right to establish easements for drmnage and ubl~bes under, over, across and through the S~te b S~te shall be resubd~wded to eliminate interior lot hnes. Th~s ordinance shall be effecbve from the date of ~ts adoption Adopted by the Council of the C~ty of V~rg~n~a Beach, V~rg~ma, on the 2 7 th 10 day of augu.~t. ,2002 11 12 CA- ~.~'~'~ PREPARED: August 12, 2002 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Department of Law /I SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 2268 PLEASURE HOUSE ROAD SELLER: City of Virginia Beach PURCHASER: Danny K. Martin PROPERTY: Approximately 6,197.5 SF± (0.1423+ Acre) SALE PRICE: $15,000 as per appraisal SETTLEMENT DATE: Upon completion of Purchaser's rezoning and proof of acquisition of three parcels of real property as set forth below CONDITIONS OF SALE Conveyance of the Property is subject to Danny K. Martin's acquisition of the following three parcels of real property. GPIN //1479-48-7476, GPIN //1479- 487522, and GPIN//1479-48-6524 Danny K. Martin shall provide the City copies of the recorded instruments showing transfer of title of the foregoing parcels to Danny K. Martin, prior to closing. The City shall reserve the right to establish easements for drainage and utilities under, over, across and through the Property. The Property shall be resubdivided to eliminate interior lot lines. SCALE 1'-1600' SITE LOCATIOiV MAP i i / / / AREA TO BE DECLARED EXCESS (APPROX. 6,197.5 S.F./0.1423 AC.) LOCATION MAP SHOWING EXCESS CITY OWNED PROPERTY ADJACENT TO 2268 PLEASURE HOUSE ROAD SCALE: 1" = 100' PREPARED BY PAN ENG. DRAFT. 7-26-02 I / I / o Excess City Property- Robert E. Stafford, Sr., Trustee From of 2268 Pleasure House Road - The 25' strip runs along the southern property line headed to the east From of 2268 Pleasure House Road - The 25' strip runs along the southern property line headed to the east Item V-J.2.a.?c ORDINANCES - 29- ITEM # 50063 Upon motton by Counctlman Jones, seconded by Counctlman Schmtdt, Ctty Counctl ADOPTED: Ordtnances to AUTHORIZE the Ctty Manager to execute LEASES of ctty-owned property a Hampton Roads Agrtculture Experimental Station at Dtamond Sprtngs Road to the United States of America (Department of Transportatton/Federal Avtatton Admtntstratton) (DISTRICT4 - BA YSIDE) c Judtctal Center office space at 2425 Ntmmo Parkway to the Vtrgtnta Beach Bar Association (VBBA) (DISTRICT 7 - PRINCESS ANNE) Vottng 10-0 (By ConsenO Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Richard A Maddox, Vtce Mayor Robert C Man&go, Jr, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Mayor Meyera E Oberndorf August 27, 2002 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH THE VIRGINIA BEACH BAR ASSOCIATION FOR 200 SQUARE FEET OF OFFICE SPACE IN THE JUDICIAL CENTER, LOCATED AT 2425 NIMMO PARKWAY WHEREAS, the City of Virginia Beach ("the City") is the owner of that certain parcel of 9 land together with the improvements thereon, located at 2425 Nimmo Parkway, Virginia Beach, 10 Virginia, and more commonly known as the Judicial Center as shown on Exhibit A attached hereto (the "Property"); 12 WHEREAS, the City has leased approximately 200 square feet of office space in the 11.3 Judicial Center (the "Premises") to the Virginia Beach Bar Association (the "VBBA") for general office use and for no other use; 15 WHEREAS, the current lease has expired, and the VBBA desires to enter into a new lease with the City to continue to use and occupy the Premises as an office; and 17 WHEREAS, City staff has determined that the leasing of the Premises to the VBBA is in 18 keeping with the law-oriented uses located in the Property and the continued presence of the 19 VBBA will afford citizens as well as attorneys the opportunity to make contact with the VBBA 2 0 and its members. 21 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 2 2 VIRGINIA BEACH, VIRGINIA: 23 That the C~ty Manager is hereby authorized to execute a lease between the Virginia Beach 24 Bar Association and the City for 200 square feet of office space in the Judicial Center in 2 5 accordance with the Summary of Terms attached hereto. 26 Adopted by the Council of the City of Virginia Beach, Virginia on the 2 7 th day of 2 7 August; ,2002. 28 CA-8564 29 R-I 30 8/05/02 APPROVED AS TO LEGAL SUFFICIENCY: Law Department ~/ APPROVED AS TO CONTENTS: SUMMARY OF TERMS LEASE FOR THE USE OF 200 SQUARE FEET OF OFFICE SPACE AT THE JUDICIAL CENTER LESSOR: City of Vlrglma Beach LESSEE: Virginia Beach Bar Association PREMISES: Approximately 200 square feet of office space at the Judicial Center located at 2425 Nlmmo Parkway TERM: July 1, 2002- June 30, 2007 RENT: Two Thousand Two Hundred Dollars ($2,200 00) annually RIGHTS AND RESPONSIBILITIES OF LESSEE: Will use the Premises for an office and for no other purpose, and shall make no alterations, modifications or improvements to the Premises without the prior written consent of the City Will maintmn public hablhty insurance for the Premises with policy limits of not less than $1,000,000 combined single hmits per occurrence. Will be responsible and liable for all damage to the Premises, including the building, caused by the willful or negligent acts or omissions of Lessee or its agents or lnVltees, or for any breach of Lessee's obligations under the Lease Will indemnify the City for any and all claims arising from Lessee's use and occupation of the Premises RIGHTS AND RESPONSIBILITIES OF CITY: Will inspect the Premises for compliance with the terms of the Lease and all state, local and federal laws, statutes, ordinances and regulations Will provide, at Lessor's expense, electrical service, janitorial services, heating, air conditioning as conditions require, during normal business hours, and hot and cold water for drinking, cleaning and lavatory purposes TERMINATION: The City may terminate if Lessee fails to cure a default within 30days after receipt of written notice of default, or for any public purpose with 60 days prior written notice to Lessee [ '[isers\VValldelxWP',BZAXVaBchBarLse sum xx pd r. ,. ~/ ..... i r / / / / ED RTY m ,~ the :~J"i, ,, Center) ~ TO BE-EEASED '~0 "'~ IA .,"BEACH BAR'i',!ASi¢OCIATION N. - 2425 NIMMO PARKWAY SCALE' 1" = 400' PREPARED BY PAN ENG DRAFT 31-JUL-2002 ORDINANCE NO. lO 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH THE UNITED STATES OF AMERICA, FOR 2,500 SQUARE FEET OF CITY OWNED LAND LOCATED OFF OF DIAMOND SPRINGS ROAD WHEREAS, the City of Virginia Beach ("the City") is the owner of that certain parcel of land located on the property known as the Hampton Roads Agricultural Experiment Station off of Diamond Springs Road in Virginia Beach, Virgima (the "Property") which is currently under long-term lease to the Commonwealth of Virginia, WHEREAS, wath the consent of the Commonwealth of Virginia, the City has leased to the United States of America, a 2,500 square foot site, located within the Property as shown on Exhibit A attached hereto, (the "Premises") for use by the United States of America as a Low Level Wind Shear Detection Station (the "Facility") and for no other use,, WHEREAS, the current lease has expired and the United States of America desires to enter into a new lease for ~ts use of the Facihty, WHEREAS, City staff has determined that the Facihty will benefit the citizens of the City of Virginia Beach and the surrounding communities by providing a site for a Low Level Wind Shear Detection station to serve the Norfolk International Airport, and WHEREAS, the Commonwealth of Virginia has consented to a new lease for the use of the Facdity, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the City Manager is hereby authorized to execute a lease between the United States of America and the City for 2,500 square feet of land at the Hampton Roads Agricultural Experiment Station in accordance with the Summary of Terms attached hereto Adopted by the Council of the C~ty of Virginia Beach, Virginia on the 2 7 th day of 2 8 August ,2002 29 30 31 32 CA-8516 R-2 O7/3O/O2 C \WINDOWS\TEM~Wmdshe2 wpd APPROVED AS TO LEGAL Law Department APPROVED AS TO CONTENTS: ept. of Public Works SUMMARY OF TERMS LEASE FOR TilE USE OF 2,500 SQUARE FEET OF CITY PROPERTY LESSOR: LESSEE: City of Virginia Beach United States of America (Federal Aviation Administration) PREMISES: Approximately 2,500 square feet of City property located off of Diamond Springs Road and known as the Hampton Roads Agricultural Experiment Station TERM: June 30, 2002 - June 30, 2007 RENT: No rent shall be charged. RIGIITS AND RESPONSIBILITIES OF UNITED STATES: Will use the Premises for a low level wind shear detection station and no other purpose Will remediate at its sole cost and expense, all hazardous substance contamination or adverse environmental conditions on the Premises occurring as a direct result of the installation, operation and/or maintenance of the facility. Will maintain and perform any and all necessary repairs and replacements to the Premises and restore the Premises to as good a condition as that existing at the time of the United States' initial entry upon the Premises under this lease or any prior lease, ordinary wear and tear excepted, or make an equitable adjustment in the lease amount for the cost of such restoration of the Premises or the diminution of the value of the Premises if unrestored, whichever is less RIGHTS AND RESPONSIBILITIES OF CITY: Will inspect the Premises for compliance with the terms of the Lease and all state, local and federal laws, statutes, ordinances and regulations. TERMINATION: The City may terminate with 365 days written notice to the United States The United States shall not be reimbursed for any expenses or damages incurred as a result of the City's termination The United States may terminate with 30 days written notice to the City C \WINDOWS\TEMP~Wmdshcu LOCATION MAP SCALE : 1" -- 1,600' NO. I FAA ME/ER ',~. PROPERTY · TO BE LE~ED POWER CABLE ' LOCATION MA~I~ ~'""~ O ~ -,~/O ,, ° ° // ~" SHOWING , DIAMOND °//CITY OWNED PROPERTY O///C ;./~ '~ ~ TO BE LEASED TO THE UNITED STATES OF AMERICA ' ~'-~'~'~ LOCATION-HAMPTON ROADS AGRICULTU~[ · EXPERIMENT STATION OFF DIAMOND SPRINGSROAD/ /' , S~LE:I" - 200' t SPRING.DGN M.J.S. 602 PREPARED BY PAN ENG, CADD DEPT. 20-JUN-2002 Item V-J.2.b. ORDINANCES - 30- ITEM # 50064 Upon motton by Counctlman Jones, seconded by Counctlman Schmtdt, City Councd DEFERRED INDEFINITEL Y: Or&nance to,4 UTHORIZE the Ctty Manager to execute LEASES of ctty-owned property. b The Buffington House at 2441 North Lan&ng Road to Michael Connors (DISTRICT 7 - PRINCESS ANNE) Vottng 10-0 (By ConsenO Council Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Jtm Reeve, Peter W Schmidt, Ron A Vdlanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Mayor Meyera E Oberndorf August 27, 2002 Item V-J. 3. ORDINANCES - 31 - ITEM # 50065 Upon motton by Counctlman Jones, seconded by Counctlman Schmtdt, Ctty Counctl ADOPTED: Or&nance to A CCEPTand APPROPRIA TEa $46,658 grant from the Vtrgtnta Department of Emergency Me&cai Servtces to the Department of Emergency Me&cal Servtces' (EMS) FY2002-03 operattng budget re the "Two-for-Life"program Vottng 10-0 (By ConsenO Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vwe Mayor Robert C Man&go, Jr, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Councd Members Vottng Nay None Counctl Members Absent Mayor Meyera E Oberndorf August 27, 2002 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $46,658 GRANT FROM THE VIRGINIA DEPARTMENT OF EMERGENCY MEDICAL SERVICES TO THE DEPARTMENT OF EMERGENCY MEDICAL SERVICES' FY 2002-03 OPERATING BUDGET TO PROVIDE FOR EQUIPMENT AND TRAINING NEEDS 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 WHEREAS, the City of Virginia Beach has been awarded a $46,658 grant from the Virginia Department of Emergency Medical Services to provide training and purchase equipment for rescue squad operations, and the required $28,704 City match is available within the EMS Department's FY 2002-03 operating budget to satisfy the grant requirements. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That a $46,658 grant is hereby accepted and appropriated from the Virginia Department of Emergency Medical Services to the Department of Emergency Medical Services' FY 2002-03 Operating Budget to provide training and purchase equipment, with revenue increased accordingly. Adopted the 27thday of Aug., 2002, by the Council of the City of Virginia Beach, Virginia. CA-8587 ordln/noncode/EMS RSAF Grant.ord.wpd August 8, 2002 R2 APPROVED AS TO CONTENT: Management Serv APPROVED AS TO LEGAL SUFFICIENCY: Depa~tmen~' La~/ COMMONWEALTH of VIRGINIA Department of Health July 1, 2002 Edward Brazle C~ty of VA Beach Dept of EMS 1917 Aret~e Avenue Vlrgmm Beach, VA 23451 Dear Grant ~trat~or.'~ The Office of Emergency Medmal Servaces (OEMS) ~s pleased to announce that your agency has been awarded fundmg from the OEMS Consohdated Grants Program. The attached Award Page ~tem~zes the actual dollar value and ~tem(s) your agency has been awarded under thru program. In order to provide the best possible customer selnnce, please take t~me to read all grant award documentation. Please provide the grant number on all correspondence to OEMS and contact our office ~f you have any questaons. · Award Acceptance Form (Agreement for Serrates): must be returned w~th~n 60 days of grant award. Original or faxed cop~es will be accepted. **Note: all forms are available for downloading on our website: www. vdh. state, va. us/oems. , Instructions for Grant Reimbursement. · Reimbursement Checklist: All ~tems must be submitted ~n order to process your reimbursement. · Conditions: A condition has been placed on some grant awards. Any and all cond~hons must be met ~n order to recmve rmmbursement. It would be ~n your agency's best interest to purchase awarded ~tem(s) by December 31, 2002 for the best price advantage, but no later than June 30, 2003 Contact Carol S. Morrow OEMS Grant Program Manager for grant mformat~on at (804) 371-3500 or 1-800-523- 6019 Enclosures D· ~ VIRGINIA ~11~ DI~PARTMENT ~ IIOF HEALTH Protecting You ami Your Env,rotm~t www vdh state va us Office of Emergency Medical Services Consolidated Grant Program AWARD PAGE July 1, 2002 - June 30, 2003 Grant Period Agency Name: CITY OF VA BEACH DEPT OF EMS Grant Number: TI-C07/06-02 Code Items Requested G 12142 Newspaper Advertisements Conditions~ 12-Quote, 13-Acknowledgement Status FUNDED G 12143 Brochures Conditions: 12-Quote, 13-Acknowledgement FUNDED 12144 AED--public access 12145 Broslo Tapes 12146 Miscellaneous ALS Equipment 12147 Disaster Task Force Equipment 12148 MRL Pic System 12149 Minitor III Pagers NOT FUNDED NOT FUNDED NOT FUNDED NOT FUNDED FUNDED NOT FUNDED T 12150 ALS Training - Para. Req. Topics FUNDED Course: Beach EMS Training Center T 12151 ALS Training - Intermediate Course: Virginia Beach Quantity Funding C Funded % Level T # T 12152 ALS Training - Shock Trauma Course: Virginia Beach 4 50 T 12153 ALS Training - PALS Course: Virginia Beach 1 5O T 12154 ALS Training - ACLS Course: Virginia Beach 4 5O T 12155 ALS Training - Intermediate to Paramedic Course: Virginia Beach 1 100 C FUNDED 1 100 T 18 FUNDED 1 100 T 20 FUNDED I 100 C FUNDED 1 100 C FUNDED 1 100 T 4 Amount Funded $4,000.00 $2,500.00 $22,204.00 $4,224.00 $6,030.0O $3,800.00 $1,280.00 $1,280.00 $1,340.00 $46,658. O0 G - Rescue Squad Assistance Fund R - Recruitment and Retention T - ALS Training Fund Item V-J. 4. - 32 - ORDINANCES ITEM # 50066 Upon motton by Counctlman Jones, seconded by Counctlman Schmtdt, City Counctl ADOPTED: Ordtnance to TRANSFER $116,136from contractual servtces to the FY2002-03 Department of General Servtces operatmg budget re three addtttonal full ttme custodial worker postttons to serve Automotive Services, Ammal Control, Hehcopter Shop, Mosquito Control, Pendleton Chtld Servtces, Pohce K-9, Pohce Tratnmg Gym, Pungo Pohce Substatton and the Spectal Operattons and SWAT Trader Vottng' 10-0 (By ConsenO Counctl Members Votmg Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L. Wood Counctl Members Vottng Nay None Counctl Members Absent Mayor Meyera E Oberndorf August 27, 2002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AN ORDINANCE TO TRANSFER $116,136 FROM CONTRACTUAL SERVICES TO ADD THREE FTE'S FOR THE CLEANING OF NINE CITY FACILITIES CURRENTLY UNDER CUSTODIAL SERVICES CONTRACT WHEREAS, a cost analysis has determined that it is cost efficient for the City to perform custodial services at nine buildings outside the Municipal Center with City staff instead of contractual custodial services. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That three full time Custodial Worker positions are hereby authorized to be added to the FY 2002-2003 Operating Budget of the Department of General Services for the purpose of providing custodial services to the following facilities: Automotive Services, Animal Control, Helicopter Shop, Mosquito Control, Pendleton Child Services, Police K-9, Police Training Gym, Pungo Police Sub-Station, and the Special Operations and SWAT Trailer. 2. That existing appropriations of $116,136 within the FY 2002-2003 Operating Budget of the Department of General Services are hereby transferred to fund the additional three positions and related costs of providing custodial services for the above referenced facilities. Adopted by the Council of the City of Virginia Beach, Virginia, on the 27th day of August, 2002. CA-8596 ORDINkNONCODEkCustodial Services FTE's.ord RI August 13, 2002 APPROVED AS TO CONTENT' APPROVED AS TO LEGAL SUFFICIENCY' C~~r n e~y~ ~~f f '1 c~e" ~' *,mi Z (D ~ 0 0 ~ · m,,,~ e.. o t.> I I I I I I I I I I L~ i ! i i i i i i i i i i i i i i i_ o~ Item V-K. 1. - 33 - RESOLUTIONS ITEM ii 5006 7 Upon motton by Councdman Jones, seconded by Councdman Schmtdt, Ctty Councd ADOPTED: Resolutton requesttng ctttzens to vote affirmattvely for the November Referendum re tssuance of General Obhgatton Bonds to fund educational improvements at the College of Wdham and Mary, Old Domtmon Untverstty, Norfolk State Untverstty, and Ttdewater Communtty College as well as Parks and Recreational facilities Vottng 10-0 (By ConsenO Councd Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Mandtgo, Jr, Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood Councd Members Vottng Nay None Counctt Members Absent Mayor Meyera E Oberndorf August 27, 2002 A RESOLUTION REQUESTING THE VOTERS OF VIRGINIA BEACH TO VOTE AFFIRMATIVELY ON THE NOVEMBER REFERENDUM QUESTIONS CONCERNING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE COMMONWEALTH OF VIRGINIA TO FUND THE CONSTRUCTION OF EDUCATIONAL FACILITIES AND PARKS AND RECREATIONAL FACILITIES l0 17 2O 2! 22 23 24 27 29 3O 3! 32 33 34 35 WHEREAS, the issuance of bonds has long been used by the Commonwealth of Virginia, as well as the City of Virginia Beach and other governments, to provide funding for the construction of capital facilities and for the purchase of land for open space; and WHEREAS, the 2002 General Assembly enacted legislation authorizing a referendum question concerning the issuance of general obligation bonds of the Commonwealth of Virginia in the maximum amount of $900,488,645 for the financing of capital projects for educational facilities; and WHEREAS, the 2002 General Assembly also enacted legislation authorizing a referendum question concerning the issuance of general obligation bonds of the Commonwealth of Virginia in the maximum amount of $119,040,000 for the financing of capital projects for parks and recreational facilities; and WHEREAS, the proposed bonds for educational facilities would provide a funding mechanism for improvements to many Hampton Roads institutions of higher education, such as Old Dominion University, Norfolk State University, the College of William and Mary and Tidewater Community College; and WHEREAS, the proposed bonds for parks and recreational facilities would provide a funding mechanism for improvements to First Landing State Park and False Cape State Park; and WHEREAS, the issuance of bonds resulting from an affirmative vote on the aforesaid referendum questions would 37 39 4O 4! 42 44 45 46 47 49 5O 5! 52 53 54 not require an increase in existing taxation rates throughout the Commonwealth, nor would the sale of such bonds impact local debt ratings; and WHEREAS, investing in the future for higher educatmon, parks and recreation, and open space is important to our quality of life as Virginians and allows Virginia to be more competitive in the world marketplace; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the voters of Virginia Beach are urged to participate in our democratic process on November 5, 2002. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the voters are urged to vote "YES" on both of the November 5, 2002 referendum questions concerning the issuance of general obligation bonds of the Commonwealth of Virginia for educational facilities and parks and recreational facilities, respectively. 55 56 Adopted by the City Council of the City of Virginia Beach, Virginia, this 27th day of Auqust , 2002. CA-8593 wmm/ordres/author~ zebondsres, wpd R-2 August 15, 2002 APPROVED AS TO CONTENT- City ~an~%~s~fice APPROVED AS TO LEGAL SUFFICIENCY' Law Depart~en[' --- Page 1 of 1 Beverly Hooks - Re: Transportation Referendum From: To: Subject: Beverly Hooks Mary, S~mmons, Re: Transportation Referendum Dear Mary. I am faxlng ~t now I just got out of a meeting Beverly >>> "S~mmons, Mary" <s~mmonse@yorkcounty gov> 10/02/02 02.35PM >>> Hi, Beverly I'm writing to ask ~f Va Beach Councd has adopted a resolution ~n support of the Transportation Referendum, and ~f so, could you please send me a copy? My FAX number ~s 890-4002 Emad would be fine also Thanks Mary Ellen S~mmons, MMC Legislative Assistant County of York (757) 890-3325 about:blank 10/2/2002 Item V-K.2. - 34- RESOLUTIONS ITEM # 50068 Robert 0 'Connor, 204 52na Street 23451, Phone 428-0902, regtstered tn OPPOSITION. Upon motton by Vtce Mayor Man&go, seconded by Counctlman Reeve, City Counctl ADOPTED: Resolution requesttng ctttzens to vote affirmattvely for the Hampton Roads Transportation Referendum re tncreastng the sales and use tax by one percent (1%) and thts revenue to be used solely for transportatton tmprovements tn thts area Vottng 11-0 Counctl Members Voting Aye Margaret L. Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf Jim Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None August 27, 2002 A RESOLUTION REQUESTING THE VOTERS OF VIRGINIA BEACH TO VOTE AFFIRMATIVELY ON THE HAMPTON ROADS TRANSPORTATION REFERENDUM QUESTION CONCERNING INCREASING THE SALES AND USE TAX BY ONE PERCENT 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 WHEREAS, our transportation system defines economic opportunities and affects the quality of life available to citizens throughout Hampton Roads, especially because our boundaries are largely defined by bodies of water, such that travel often requires the use of tunnels, bridges and Interstate 64 or Interstate 664 as the major traffic corridor between Virginia Beach and Williamsburg; and WHEREAS, increasing traffic congestion in the Hampton Roads metropolitan area adversely impacts our citizens, businesses and military facilities through loss of time and productivity, increased air pollution, increased traffic on residential streets, delays and cancellations affecting government, business, commercial and tourism activities, reduced access to and lack of alternatives for emergency services, hurricane evacuation routes and military response capabilities; and WHEREAS, through an open and collaborative process involving local elected officials and chief administrative officers from all Hampton Roads communities, public hearings, and actions of local governing bodies, there have been identified the six most important transportation projects for the future of this region, including mass transit, which address objectives of environmental quality, "smart growth," and existing infrastructure investment; and WHEREAS, funding from existing programs is inadequate for the construction of these priority projects, and no funding increases are likely in the foreseeable future because of a significant state budget shortfall, and; WHEREAS, the 2002 General Assembly enacted, and the Governor signed into law, legislation allowing a referendum to be held in Hampton Roads communities on November 5, 2002, on the question of whether an additional sales and use tax of one percent, except on food and non-prescription drugs, shall be imposed in the 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 communities of Hampton Roads, with the revenues from such increase to be used solely for regional transportation projects and programs; and WHEREAS, the proposed sales tax increase represents an opportunity for the communities of Hampton Roads to take immediate action toward the constructmon of all such transportation projects, with increased local involvement and accountability for project design and construction; and WHEREAS, the construction of such projects will improve mobility, hurricane and other emergency evacuations, military preparedness, economic development, and the overall quality of life for the citizens of the city and Hampton Roads; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the voters of Virginia Beach are urged to participate in our democratic process on November 5, 2002. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the voters are urged to vote "YES" on the November 5, 2002 referendum question of whether there shall be an increase in the communities of Hampton Roads of one per cent in the sales and use tax, with the revenues from such increase to be used solely for regional transportation projects and programs. 59 60 Adopted by the Council of the City of Virginia Beach, Virginia, this 27th day of August , 2002. CA-8594 wmm/ordres/transportationrefres, wpd R-2 August 15, 2002 APPROVED AS TO CONTENT- APPROVED AS TO LEGAL SUFFICIENCY- L:w~ Depar~meht Item V-K. $. RESOLUTIONS - 35- ITEM # 50069 Herb Jones, 2313 Sandptper Road, Phone, 721-1103, regtstered tn OPPOSITION. Upon motton by Councdman Reeve, seconded by Councdman Schmtdt, Cay Councd ADOPTED: Resolutton estabhshtng the Vtrgtnta Beach Transition Area Technical Review Committee provwhngfor tts membership and responsibthttes Vottng I 1-0 (By ConsenO Councd Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood Councd Members Vottng Nay None Councd Members Absent None August 27, 2002 A RESOLUTION ESTABLISHING THE VIRGINIA BEACH TRANSITION AREA TECHNICAL REVIEW COMMITTEE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 WHEREAS, the concept of a Transition Area located immediately to the south of the Green Line has been in place in the Comprehensive Plan since 1991; and WHEREAS, the Comprehensive Plan states that the City "must properly manage the Transition Area;" and WHEREAS, it is the sense of the City Council that, in order to best accomplish this goal, there should be appointed a committee to study certain issues concerning the Transition Area, as set forth hereinbelow; and WHEREAS, it is likewise the sense of the City Council that, in order to foster the most open, candid and thorough discussion of such issues, and to provide the opportunity for divergent views to be presented and considered, such committee should be comprised of stakeholders in the Transition Area and other citizens having diverse interests and views regarding the management of the Transition Area; and WHEREAS, the City Council is of the opinion that, in furtherance of the aforesaid objectives, the committee should consist of owners of property in the Transition Area, prospective developers of property in the Transition Area, professionals in fields such as planning and environmental engineering, representatives of environmental organizations, and representatives of City commissions responsible for advising the City Council on matters involving the Transition Area, such as the Planning Commission and Parks and Recreation Commission that the Transition Area must be properly managed; and WHEREAS, by including on the committee citizens having divergent interests and views regarding the Transition Area, the City Council intends and expects that the work of the committee will fairly reflect the diversity which characterizes the City; 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 62 63 64 65 66 67 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby constitutes and establishes the Virginia Beach Transition Area Technical Advisory Committee (the "Committee"). BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Committee shall consist of fourteen (14) members, to be appointed by the City Council from among those persons described hereinabove; 2. There shall be two City Councilmember liaisons to the Committee, which liaisons shall be the Princess Anne District representative and one at-large member of the City Council; 3. That the purpose of the Committee shall be to recommend to the Planning Commission technical means of clarifying the portion of the Comprehensive Plan concerning the Transition Area, consistent with the views of the City Council expressed in the City Council's workshop of August 20, 2002; 4. That the Committee shall be subject to the Virginia Freedom of Information Act and the Virginia State and Local Government Conflict of Interests Act; 5. That each member of the Committee shall file with the City Clerk a written disclosure of all interests in real property, including contractual interests, which he or she, or a member of his or her immediate family, has in the Transition Area and shall also disclose, in writing, the identity of all persons, firms or entities having such interests in real property he or she represents or to whom he or she provides services; 6. That the Committee shall complete its work and transmit to the Planning Commission its wrztten recommendations, which shall set forth detailed measures for implementing the City Counczl's vision for the Transition Area, as soon as practicable, but by no later than November 30, 2002, at which time the Committee shall stand dzssolved. 68 69 Adopted by the Council of the City of Virginia Beach, Virginia, on this 27th day of August , 2002. CA-8598 wmm/ordres/t ransitionareacommitteeres, wpd R-2 August 21, 2002 APPROVED AS TO LEGAL SUFFICIENCY' La~ Depa~-tment L -~ - 36- Item V-L. PLANNING ITEM # 50070 1. MARK and LESLIE ROSENSTOCK (STUART N. DUFFEN, AIA) NONCONFORMING USE 2. DAKOTA ASSOCIATES, LLC STREET CLOSURE 3. CHARLES T. FLOYD T. AND IRVING N. DEARY CONDITIONAL USE PERMIT 4. RPA SALEM L YNNHA VEN LLC CONDITIONAL CHANGE OF ZONING 5. DANNY MARTIN CHANGE OF ZONING August 27, 2002 -37- Item V-L PLANNING ITEM # 500 71 Upon motton by Councdman Jones, seconded by Councdman Schmtdt, City Councd APPROVED IN ONE MOTION Items 1, 2, 3, 4, and 5 of the PLANNING BY CONSENT Vottng 10-0 (By ConsenO Counctl Members Vottng Aye Margaret L Eure, Louts R. Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood Councd Members Vottng Nay None Councd Members Absent Mayor Meyera E Oberndorf Councd Members Eure, McClanan and Wtlson voted a VERBAL NAY on Item 2 August 27, 2002 Item V-L. 1. - 38- PLANNING ITEM # 50072 Upon motton by Councilman Jones, seconded by Councdman Schmtdt, City Counctl ADOPTED the Resolutton authortztng the enlargement of a nonconformmg use to add square footage to the rear umt of a duplex on the East stde of Beech Street, Cape Story By The Sea and Cape Henry Shores, at Admtral Drtve tn the apphcatton of CURTIS E. and RttONDA L. BOWEN for the replacement of a noncon_formtng use (extsttng barn, damaged by a falhng tree) Apphcatton of Mark and Leshe Rosenstock for an enlargement tn a nonconformmg use on the ast stde of Beech Sreet, 369.33feet south of Admtral Drtve Satd parcel contatns 6, 900 square feet DISTRICT 5 - L YNNHA VEN The followtng condtttons shall be requtred The additton shall be tn substanttal conformance with the submttted stteplan and elevations entttled, "Remodel Rosenstock Duplex" dated August 1, 2002 by Stuart N Duffen, AIA, Inc Said plans are on file tn the City of Virginia Beach Plannmg Department 2. The total wtdth of the drtveway shall not exceed thtrty-stx feet (36~ at the rtght-of-way The wtdth may be contmuous or chvtded tnto two secttons Voting 10-0 (By Consent) Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Mandtgo, Jr, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay' None Counctl Members Absent Mayor Meyera E Oberndorf August 27, 2002 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING DUPLEX DWELLING ON PROPERTY LOCATED AT 2220 BEECH STREET, IN THE LYNNHAVEN DISTRICT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 WHEREAS, Mark and Leslie Rosenstock (hereinafter the "Applicants") have made application to the City Council for authorization to enlarge a nonconforming duplex dwelling situated on a certain lot or parcel of land having the address of 2220 Beech Street, in the R-7.5 Residential District; and WHEREAS, the said duplex dwelling is a nonconforming use, in that duplex dwellings are no longer permitted in the R-7.5 Residential District; and WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the enlargement 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 enlarged, will be equally appropriate or more appropriate to the zoning district than is 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 enlarged, 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 enlargement of the Applicant's duplex dwelling is hereby authorized, upon the following conditions- 1. The addition shall be in substantial conformance with the submztted site plan and elevations entitled "Remodel Rosenstock Duplex" dated August 1, 2002, by Stuart N. Duffen, AIA, Inc. Said plans are on file in the City of Virginia Beach Planning Department. 33 34 35 2. The total width of the driveway shall not exceed 36 feet at the right-of-way. The width may be continuous or divided into two sections. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia, on the 27th day of August , 2002. CA-8589 bkw/work/nonconrosenstock.wpd R-1 August 9, 2002 APPROVED AS TO CONTENT' p 1 anning~~~ ~-If~°~" APPROVED AS TO LEGAL SUFFICIENCY'~/~~/ .... Department of Law August 27, 2002 General Information: REQUEST: ADDRESS: Enlargement of a Nonconforming Use 2220 Beech Street Map H-2 r'-~op ho't, to ~co e Gp~n 1590-40-8153 GPIN' 1590-40-8153 ELECTION DISTRICT: 5 - LYNNHAVEN SITE SIZE' 6,900 square feet STAFF PLANNER: Ashby Moss PURPO~'"E'T~ The apphcant proposes to add 218 square feet to the back unit of an ex~st~ng nonconforming duplex. The one-story budding is currently 1,530 square feet or 765 square feet for each unit. The duplex is nonconforming because ~t is located ~n the R-7.5 Res~denbal D~stnct, which does not allow duplexes. Non-Conforming Use MARK & LESLIE ROSENSTOCK (STUART DUFFEN, AIA) August 27, 2002 Page 1 Major Issues: Ensuring that the proposed addition and alteration to the nonconforming duplex structure ~s no more detrimental to the surrounding neighborhood and ~s as appropriate to the d~stnct as the ex~sbng structure. Land Use, Zoning, and Site Characteristics: Existinq Land Use and Zoning Th~s property ~s developed with a one-story res~denbal duplex structure. The s~te ~s zoned R-7.5 Residential D~stnct. Surrounding Land Use and Zoning Cape Story by the Sea ~s a predominately s~ngle-family residential neighborhood w~th duplexes scattered throughout. The subject s~te and all surrounding properties are zoned R-7.5 Residenbal D~stnct w~th Shore Dr~ve Overlay. Zoninq History The Cape Story by the Sea and Cape Henry Shores neighborhoods were rezoned on October 11, 1965 from R-D2 Residence Duplex D~stnct to R-S4 Residence Suburban D~strict. That rezon~ng request was brought forward by some of the residents of these neighborhoods concerned with the construction of duplexes on the relatively small lots (6,900 square feet) typical in these areas. When th~s change of zoning was approved, the ex~st~ng duplexes became nonconforming. The duplex on the subject site was constructed in 1950 before the C~ty Zoning Ordinance was adopted. Therefore, the duplex ~s considered nonconforming. Although all are not pictured on the attached Zoning H~story Map, at least three other s~milar requests to enlarge nonconforming duplexes have been approved ~n these neighborhoods. Just a few months ago on May 28, 2002, a duplex at 2254 Maple Street north of the subject site was approved for a second story addition to one of the un~ts The property at 2214 Bayberry Street, which is east of the subject site, was approved for an enlargement April 14, 1998. Lastly, the property at 2221 Oak Street, which ~s shown on the Zoning H~story map just east of the subject s~te, was approved for an enlargement in 1993. Air Installation Compatible Use Zone (AICUZ) The s~te ~s ~n an AICUZ area of less than 65dB Ldn surrounding NAS Oceana. Natural Resource and Physical Characteristics The property has an ex~st~ng p~ne tree ~n the front and an existing hve oak tree towards the back on the southern s~de. These trees wdl remain. The remaining landscaping on the property will be removed and replaced w~th new landscaping. Public Facilities and Services Water and Sewer Water: There ~s a six-tach water ma~n in Beech Street fronting the Non-Conforming Use MARK & LESLIE ROSENSTOCK (STUART DUFFEN, AIA) August 27, 2002 Page 2 Sewer: property. This duplex s~te has two exisbng 5/8-~nch meters that may be used. There ~s an e~ght-~nch sanitary sewer ma~n ~n Beech Street fronbng the property. The s~te ~s already connected to C~ty sewer. Transportation Master Transportation Plan (MTP) / Capital Improvement Program (CIP): Shore Drive in the v~cin~ty of this apphcabon ~s a major four lane urban artenal. The MTP designates th~s roadway as a 150 foot dtv~ded right-of-way w~th a b~keway. No ~mprovements are scheduled for th~s porhon of Shore Dnve ~n the current adopted ClP. Beech Street is a two lane local street and ~s not designated on the MTP. Traffic Calculations: Street Name Present Present caPacity Generated Traffic Volume Shore Dnve 10,808 17,300 ADT (Level of ADT~ Service "C") Ex~stmg 12 ADT Not Proposed no change Beech Street available 6,200 ADT Average Dady Tnps Public Safety Police: Fire and Rescue: No comments. Building permits must be obtained for all construcbon related to th~s project. All fire protecbon requirements w~ll be ascertained dunng the building permit review process. A Cerbflcate of Occupancy must be obtained prior to occupancy. Comprehensive Plan The Comprehensive Plan Map designates this area as Medium and H~gh Density Suburban Residential, with residential uses above 3.5 dwelling un~ts per acre. The Comprehenswe Plan and Shore Dnve Corndor Plan recognize this corridor as a resort gateway community. Both plans also recognize the dwers~ty of residential uses that ex~st ~n this area, most of which resulted from the d~verse needs and desires of the community. The proposed improvements are consistent w~th the community design and aesthetic goals estabhshed ~n this area of the Shore Dnve Overlay D~stnct. Summary of Proposal The ex~stmg duplex ~s a 1,530 square foot one stow bnck structure w~th a hip roof covered in asphalt shingles. The structure ~s d~v~ded so that equal s~zed 765 square foot un~ts are located at the front and back of the building. The applicant proposes to add 218 square feet to the back unit of the duplex. The additional space will allow for an extensive ~ntenor remodel of the back unit. The remodel wdl accommodate the property owners' physically disabled Non-Conforming Use MARK & LESLIE ROSENSTOCK (STUART DUFFEN, AIA) August 27, 2002 Page 3 adult son who will live here as ~ndependently as possible. The front umt remain unchanged. The proposed structure meets all setbacks for the R-7.5 Residential Distnct. The ex~st~ng parking area w~ll be redefined w~th concrete or paver block to accommodate parking for four vehicles. The Trafhc Engineering Diwsion of Public Works notes that ~n accordance w~th Public Works standards for dnveways of duplexes, the driveway apron for the parking area must not exceed 36 feet ~n w~dth ~n the public r~ght-of-way. The apphcant has also submitted a detailed landscape plan for the entire property. The landscaping w~ll upgrade the appearance of the s~te s~gn~flcantly. Evaluation of Request Th~s request to enlarge an ex~st~ng duplex dwelhng ~s acceptable. Cape Story by the Sea ~s predom~nately a single-famdy residential neighborhood w~th duplexes scattered throughout. The duplex un~ts add variety and do not appear to detract from the neighborhood. The applicant is requesting to enlarge only one of the un,ts. The relatively small expansion will not overpower the s~te or have a detr, mental effect on the neighborhood. In addition to upgrading the mtenor and prowdmg more living space for one of the un,ts, the extenor will be improved w~th new landscaping. Pursuant to Sectton 105(e) of the C~ty Zoning Ordinance, a nonconforming structure may be enlarged only if the C~ty Council finds that the proposed structure, as enlarged, w~ll be "equally appropriate or more appropnate to the d~strict than is the ex~sting nonconformity." Staff concludes that this proposed enlargement is reasonable, wtll have a minimal ~mpact, and will be as appropriate to the d~strict as the ex~st~ng non- conforming use. The request, therefore, ~s recommended for approval, subject to the conditions below. Conditions 1. The addition shall be in substantial conformance w~th the submitted s~te plan and elevations entitled, "Remodel Rosenstock Duplex" dated August 1,2002 by Stuart N. Duffen, AIA, Inc. Sa~d plans are on file ~n the City of V~rg~n~a Beach Planning Department. 2. The total wtdth of the dnveway shall not exceed 36 feet at the nght-of-way. The w~dth may be continuous or d~v~ded into two sections NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this application may require revision during detailed site plan review to meet all applicable City Codes. Non-Conforming Use MARK & LESLIE ROSENSTOCK (STUART DUFFEN, AIA) August 27, 2002 Page 4 4?:3 &O,O0'~ /d I ~'Ob' 30" W 60.00' ~EECI-! 5TR££T (.50') MARK PH"/51CAL SUR'VE."/ OF LOT EAPE STORY ~"l TILE. SEA PLffT Z2ZO 'B~ECH STREET VIRGINIA FOR. ROSENSTOCK ~. LESLIE I-I.ROSENTOt, K Site Survey Non-Conforming Use ,~¢,,~ MARK & LESLIE ROSENSTOCK (STUART DUFFEN, AIA) ~o.~ ...... "~ August 27, 2002 Page 5 / 2~0 BdE¢t,I $1 <'-' Proposed Site Plan Non-Conforming Use MARK & LESLIE ROSENSTOCK (STUART DUFFEN, AIA) August 27, 2002 Page 6 ROSENS lOCK RESIDENCE 2220 BEECH STREET VIRGINIA BEACH, VA 23451 ' -m / Proposed Landscape Plan Non-Conforming Use MARK & LESLIE ROSENSTOCK (STUART DUFFEN, AIA) August 27, 2002 Page 7 t,., (.):q I-H ELEVA'. ION W E'..~ 3 LLLVA rt(.~N / Proposed Building Elevations Non-Conforming Use MARK & LESLIE ROSENSTOCK (STUART DUFFEN, AIA) August 27, 2002 Page 8 Applicant's Name: APPLICATION PAGE 4 OF 4 CHANGE IN NONCONFORMING USE CITY OF VIRGIN~ BEACH .. DISCLOSURE STATEMENT Stuart N. Duffen, AIA, INC. List All Current Property Owners: Mark Ro~enst. ock Leslie Rosenstock PROPERTY OWNER DISCLOSURE If the property owner m a CORPORATION, hst all officers &the Corporation below (Attach hst tfnecessary) n/a If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, hst all members or partners m the orgamzation below (Attach hst if necessary) n/a Check here if the property owner m NOT a corporation, partnerstup, firm, or other umncorporated orgamzatlon If the applicant is not the current owner of the property, complete the Applicant Disclosure section below: APPLICANT DISCLOSURE If the apphcant m a CORPORATION, list all officers of the Corporation below (Attach hst tfnecessaryJ Stuart N. Duffen, AIA If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, hst all members or partners m the orgamzat~on below (Attach bst ~fnecessary) Check here ~f the applicant ~s NOT a corporauon, partnership, firm, or other umncorporated orgamzation CERTIHCATION I certify that the information contained herein is true and accurate. r .... ~Slg'natu~' Stuart N. Duffen, AIA Print Name Non-Conforming Use MARK & LESLIE ROSENSTOCK (STUART DUFFEN, AIA) August 27, 2002 Page 9 Map H-2 Iqa,O ~qot tO Stuart N. Du AIA Gp~n 1590-40-8153 ZONING HISTORY 1. Enlargement of a nonconforming use Approved 9-28-93 - 39- Item V-L.2. PLANNING ITEM # 50073 Upon motton by Councdman Jones, seconded by Counctlman Schmtdt, Ctty Counctl ADOPTED the Or&nance upon apphcatton of DAKOTA ASSOCIATES, LLC, for &sconttnuance, closure and abandonment re a portton of Joseph Place north of Mabel Lane to create a cul-de-sac Apphcatton ofDakota Assoctates, LLC, for the &sconttnuance, closure and abandonment ora portton of Joseph Place begtnntng lOO feet more or less north of Mabel Lane, runntng a &stance of 67 63 feet along the eastern property hne and running a &stance of 103 93feet along the western property hne Satd parcel ts 50 06feet tn width and contatns 3,604 68 square feet DISTRICT 6 - BEACH The followtng con&ttons shah be requtred 1 The Ctty Attorney's Office wtll make the final determtnatton regar&ng ownershtp of the underlytng fee The purchase prtce to be pard to the Ctty shall be determtned accor&ng to the "Pohcy Regar&ng Purchase of Ctty's Interest tn Streets Pursuant to Street Closures, "approved by City Counctl Coptes of the pohcy are avatlable tn the Planntng Department The apphcant shall de&cate rtght-of-way and construct a cul- de-sac tn heu of the extsttng through street A revtston to the approved constructton plan (DSC Ftle #J06-519) shall be submttted for revtew and approval by the Development Servtces Center (DSC) The apphcant shall resub&vtde the property and vacate internal lot hnes to tncorporate the closed area tnto the adjotntngparcels and de&cate the ad&ttonal rtght-of-way necessary to construct the cul-de-sac Any pubhc utthty or drainage easements necessary for the new development shall also be de&cated The plat shall be submttted and approved for recordatton prtor to final street closure approval The apphcant shall vertfy that no prtvate utthttes extst wtthtn the rtght-of-way proposed for closure Prehmtnary comments from the utthty compantes tn&cate that there are no prtvate utthttes wtthm the rtght-of-way proposed for closure If prtvate utthttes do extst, easements sattsfactory to the utthty company shall be provtded Closure of the rtght-of-way shall be conttngent upon comphance with the above stated con&ttons wtthtn 365 days of approval by Ctty Counctl If the con&ttons noted above are not accomphshed and the final plat ts not recorded wtthtn one year of the Ctty Counctl vote to close the rtght-of-way this approval shall be constdered null and votd Vottng 7-3 (By ConsenO Counctl Members Voting Aye Louts R. Jones, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva and James L Wood Counctl Members Voting Nay. Margaret L Eure, Reba S McClanan and Rosemary Wtlson Counctl Members Absent Mayor Meyera E Oberndorf August 27, 2002 ORDINANCE NO. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS JOSEPH PLACE AS SHOWN ON THAT CERTAIN MAP ENTITLED: "EXHIBIT "A" SHOWING RIGHT OF WAY TO BE CLOSED" A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A. WHEREAS, on August 27, 2002, Dakota Associates, LLC, a V~rg~nia limited liability company (Name of Applicant) applied to the Council of the City of Virg~ma Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that smd street be discontinued, closed, and vacated, subject to certain conditions having been met on or before August 26, 2003; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed and vacated, subject to certain conditions being met on or before August 26, 2003: All that certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "AREA TO BE CLOSED 3,604 68 SQ. FT. (0.083 AC)" shown as the cross-hatched area on that certain plat entitled' "EXHIBIT "A' SHOWING RIGHT OF WAY TO BE CLOSED" acopy of which is attached hereto as Exhibit A. SECTION II The following conditions must be met on or before August 26, 2003. 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of said policy are available in the Planning Department. 2 The applicant shall dedicate right-of-way and construct a cul-de-sac in lieu of the existing through street. A revision to the approved construction plan (DSC File # J06-519) shall be submitted for review and approved by the Development Services Center (DSC). 3 3 GPIN 2407-69-1789, 2407-69-3852 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 60 61 62 63 64 65 66 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels and dedicate the addaional right-of-way necessary to construct the cul-de-sac. Any public utdity or drainage easements necessary for the new development shall also be dedicated. The plat shall be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utfliUes exist wahin the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utihties within the right-of-way proposed for closure If private utilities do exist, the apphcant shall provide easements satisfactory to the utility companies. 4 Closure of the right-of-way shall be contingent upon compliance with the above stated condiuons within 365 days of approval by City Council. If all condiuons noted above are not accomplished and the final plat is not approved witNn one year of the City Council vote to close the roadway, this approval will be considered null and void. SECTION III 1. Ifthe preceding conditions are not fulfilled on or before August 26, 2003, this Ordinance will be deemed null and vmd without further action by the City Council. 2. If all conditions are met on or before August 26, 2003, the date of final closure is the date the street closure ordinance is recorded by the City Attorney. SECTION IV 3. A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virg~ma, and ~ndexed in the name of the CITY OF VIRGINIA BEACH as "Grantor." of August Adopted by the Council of the Cay of Virginia Beach, %rgima, on this ,2002 CA-8514 July 26. 2002 C \Documents and Setnngs\bduke\Local Settlngs\Temp\ca8514 I wpd 27thday APPROVED AS TO CONTENT 0 Planmng l~ppartment -- APPROVED AS TO LEGA/~~ICIENCY City Atto~ey LOT 9 BLOCK "H" HILLTOP MANOR 75.00' EXHIBIT 'A' SHOWING RIGHT OF WAY TO BE CLOSED LOT 7 BLOCK "H" HILLTOP MANOR 102.00' 247.47' TO WOLFSNARE ROAD JOSEPH PLACE (50'R/W) 74.49' AREA TO BE CLOSED 3,604.68 SQ.FT. ^c) LOT 5 BLOCK "H" HILLTOP MANOR 74.49' LOT 4 BLOCK "H" HILLTOP MANOR ,/ ' \PROJECTS\Subdivisions\Joseph P]ace\24-8-OOexhib]ts dwg COPR 2002 BOUNDARY FIRST SCALE 1"=25' SCALE IN'FEET ~ 4 -_... . 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' · · · 2427-8~-3232 '. :, I, , 3 5 ?OL:~Og ...................... · ~~-"~"~ CITY OF VIRGINIA BEACH TAX MAP ,~J~PROXIM~TE ,SC~ C'\PROdECTS\Subdivisions\doseph P]ace\TaxMap(street) dwg COPR 2002 BOUNDARY FIRST Item V-L.3. - 40- PLANNING ITEM # 50074 Upon motton by Counctlman Jones, seconded by Counctlman Schmtdt, Ctty Counctl ADOPTED the Or&nance upon apphcatton of CHARLES T., FLOYD T. and IRVINGN. DEARY for a Con&ttonal Use Permtt ORDINANCE UPON APPLICATION OF CHARLES T DEARY, FLOYD T DEARYAND IRVING N DEARYFORA CONDITIONAL USE PERMIT FOR AN A UTOMA TED CAR WASH ADDITION TO EXISTING FUEL SALES R080231045 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon Apphcatton of Charles T Deary, Floyd T Deary and Irvtng N Deary for a Conchttonal Use Permtt for an automated car wash addttton to extstmg fuel sales at the southeast corner of Laskm Road and Ftrst Colomal Road (GPIN #2407-88-0621) Satd parcel ts located at 1689 Lasktn Road and contatns 23,697 square feet DISTRICT 5 - L YNNHA VEN The followtng con&tions shall be requtred The car wash shall substanttally adhere to the stte plan entttled "Layout & Landscape Plan - Car Wash Addttton to Extsttng BP/Amoco, 1689 Lasktn Road," dated March 29, 2002, and prepared by Land Destgn and Development Inc A copy of thts plan ts on file tn the Planntng Department The plan deptcts, but ts not hmtted to, the addttton of streetscape landscaptng along Lasktn and Ftrst Colontal Roads, tntertor landscaptng tn conjunction with the proposed car wash, and the closure of the two (2) extsttng tngress/egress potnts closest to the tntersectton of Lasktn Road and Ftrst Colontal Road The car wash butldtng shall substanttally adhere to the two (2) submitted rendertngs entttled "BP Car Wash Addttton at 1689 Lasktn Road"prepared by Land Design and Development, Inc , dated March 27, 2002 Coptes of these rendertngs are on file tn the Planntng Department 3 In accordance wtth Section 245(e)(2) of the ctty of Vtrgtnta Beach Zomng Ordtnance, no vendtng machtnes shall be vtstble from the pubhc rtghts-of-way, tncludtng the extsttng vendtng machtnes on the property The extertor of the proposed car wash buddtng shah be patnted to match the color of the extsttng betge kiosk located under the canopy The extsttng non-conformtngfreestan&ng stgn shah be removed and relocated outstde areas necessary for future tmprovements to Lasktn Road and Ftrst Colontal Road All new stgnage shah adhere to the requtrements set forth tn the Ctty Zontng Or&nance for stgnage No stgnage of any ktnd shall be tnstaHed on the wtndows or on the facade of theproposed car wash structure No stgnage of any ktnd shall be tnstalled on the poles supporttng the canopy or on the hghttng poles located on the stte Any proposed trash dumpster shah be screened by an enclosure to be constructed of sphtface or embossed block tn the same color as the car wash butldmg August 27, 2002 - 41 - Item V-L$. PLANNING ITEM # 50074 (Continued) 8 A zomng variance shall be obtained from the Board of Zontng appeals to allow for a reduced setback of approxtmately 2 7feet between the car wash butldtng and the nearest gas pump tnstead of 55 feet as reqmred by the City Zomng Ordinance If the vartance ts not granted, thts Condtttonal use Permit shall be null and votd Thts Ordinance shall be effecttve tn accordance wtth Sectton 107 09 of the Zoning Or&nance Adopted by the Counctl of the Ctty of Vtrgtma Beach, Vtrgtnta, on the Twenty-seventh of August, Thousand Two Two Voting 10-0 (By ConsenO Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vzce Mayor Robert C. Man&go, Jr, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Item V-L. 4. Mayor Meyera E Oberndorf August 27, 2002 Item V-L. 4. - 42 - PLANNING ITEM # 50075 Upon motton by Councdman Jones, seconded by Counctlman Schmtdt, Ctty Councd ADOPTED the Ordmance upon apphcatton of RPA Salem Lynnhaven, LLC, fora Change of Zonmg District Classification from R-5D Residential Duplex to Conditional B-2 Community Business ORDINANCE UPON APPLICA TION OF RPA SALEM L YNNHA VEN, LLC, FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5D TO CONDITIONAL B-2 Z0802124 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon apphcatton of RPA Salem Lynnhaven, LLC, Apphcatton Change of Zoning Dtstrtct Classtficatton from R-SD Residential Duplex to Conditional B-2 Commumty Business on the East stde of Salem Road, 200feet more or less North of Lynnhaven Parkway (GPIN #1475-85-4909) The proposed zontng classtficatton change to Con&ttonal B-2 ts for commerctal land use The Comprehenstve Plan recommends use of thts parcel for retatl, servtce, office and other compattble uses wtthtn commerctal centers tn accordance wtth other Plan pohctes Said parcel contatns 28, 677 72 square feet DISTRICT1 - CENTERVILLE The followtng con&tton shall be requtred 1 An Agreement encompasstngproffers shall be recorded wtth the Clerk of Ctrcutt Court Thts Or&nance shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Ordtnance Adopted by the Counctl of the Ctty of Vtrginta Beach, Vtrgtnta, on the Twenty-seventh of August, Thousand Two Two Voting 10-0 (By Consent) Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Mandtgo, Jr, Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Mayor Meyera E Oberndorf August 27, 2002 - 43 - Item V-L. 5. PLANNING ITEM # 50076 Upon motton by Vice Mayor Man&go, seconded by Councdman Reeve, Ctty Counctl ADOPTED ORDINANCE UPON APPLICATION OF DANNY MARTIN FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-12 (SD) AND A-18 (SD) APARTMENTDISTRICTS TO A-18 WITHA PD- H2 OVERLAY (SHORE DRIVE CORRIDOR OVERLAY DISTRICT) Z080212 5 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon Apphcatton of Danny Marttn for a Change of Zoning Dtstrtct Classtficatton from A-12 (SD) and A-18 (SD) Apartment Dtstrtcts to A-18 wtth a PD-H2 Overlay (Shore Drtve Corrtdor Overlay DtstrtcO on the East stde of Pleasure House Road, 150feet South of N Greenwell Road (GPIN #1479-48-6524, #1479-48-7476, #1479-48-7522) The proposed zomng classtficatton change to A-18 wtth a PD-H2 Overlay and a Shore Drtve Corrtdor Overlay Dtstrtct ts for multtfamtly land use at a density no greater than 18 umts to the acre The Comprehenstve Plan recommends use of thts parcel for restdenttal uses at medtum and htgh denstttes that are compattble wtth stngle famdy, townhouse and multtfamtly use tn accordance wtth other Plan pohctes Satd parcel contains 1 acre DISTRICT 4 - BA YSIDE The followtng conchttons shall be requtred The property shall be developed substantially tn conformance wtth the stte plan entttled "Rezotng Exhtbtt of Marttntque Cove ", dated February 6, 2002 and prepared by Kellam-Gerwttz Engtneertng, Inc Thts site plan has been presented to Ctty Counctl and ts on file tn the Department of Planntng In accordance wtth Sectton 1124 of the Ctty Zontng Ordtnance, the plan "shall serve as a supplement to and, where they confltct, as a replacement for, the zoning regulattons of the A-18 Apartment District The condomtntum untts shall be developed substanttally tn conformance wtth the elevatton sketches and matertals hst dated May 29, 2002 These elevatton sketches and matertals hst have been presented to Ctty Counctl and are on file tn the Department of Planmng The elevations and matertals shall be revtsed as follows 3 Doorways shall be angled at 45 degrees as provtded on the stte plan Vtnyl Shake &ding shall be used on the front facade and the second story of the stdes and rear of th~ first three (3) umts closest to Pleasure House Road on both the North and South stde of the development Vtnyl stdtng may be used on the first floor around the stdes and rear of those untts A Frteze Board of a complementary neutral color must be provtded at the hortzontal hne of the change of matertal 5 Entryway columns shall be at least ten inch (10'9 squares. Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Or&nance Adopted by the Counctl of the Ctty of Vtrgmta Beach, Vtrgmta, on the Twenty-seventh of August, Thousand Two Two August 27, 2002 - 44- Item V-L. 5. PLANNING ITEM # 50076 (Continued) Vottng 10-0 (By ConsenO Councd Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, ,Ir, dtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wtlson and .lames L Wood Councd Members Vottng Nay None Councd Members Absent Mayor Meyera E Oberndorf August 27, 2002 - 45 - Item V-M. 1. APPOINTMENTS ITEM # 50077 B Y CONSENSUS, Ctty Counctl RESCHEDULED thefollowtng APPOINTMENTS: CHESAPEAKE BAY PRESER VA TION AREA BOARD FRANCIS LAND HOUSE BOARD OF GOVERNORS HUMAN RIGHTS COMMISSION PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE (COIG) TOWING AD VISOR Y BOARD VIRGINIA B EA CH/JAMES TO WN 2 O07 STEERING COMMITTEE August 27, 2002 - 46- Item V-M.2. APPOINTMENTS ITEM # 500 78 Upon NOMINATION by Vtce Mayor Man&go, Ctty Councd APPOINTED Wayne D. McCoy Unexpired term thru 12/31/02 plus 3 years - 12/31/05 CHESAPEAKE BAY PRESER VA TION A~A BOARD Vottng l I-O Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Richard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Councd Members Vottng Nay' None Counctl Members Absent' None August 27, 2002 -47- Item V-M.3. APPOINTMENTS ITEM # 500 79 Upon NOMINATION by Vtce Mayor Mandtgo, Ctty Counctl APPOINTED Douglas D. Ellis 4 year term 9/1/02 - 8/31/06 DE VEL OPMENT AUTHORITY Voting 11-0 Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vice Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L. Wood Counctl Members Vottng Nay None Counctl Members Absent' None August 27, 2002 Item V-M. 4. - 48- APPOINTMENTS ITEM # 50080 Upon NOMINATION by Vtce Mayor Man&go, Ctty CounctL Ctty Councd APPOINTED Robert W. Hall Unexpired term thru 2/28/05 PERSONNEL BOARD Vottng 11-0 Councd Members Voting Aye Margaret L. Eure, Louts R Jones, Reba S McClanan, Richard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None August 2 7, 2002 Item V-M. 5. - 49- APPOINTMENTS ITEM # 50081 Upon NOMINATION by Vtce Mayor Man&go, Ctty Counctl REAPPOINTED Michael C. Savvides 5 year term 10/1/02 - 9/30/07 WETLANDS BOARD Vottng 11-0 Councd Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wilson and James L Wood Counctl Members Vottng Nay None Councd Members Absent None August 27, 2002 - 50- ITEM # 50082 Mayor Meyera E Oberndorf entertatned a motton to permtt City Counctl to conduct tts CLOSED SESSION, pursuant to Sectton 2 1-344(,4), Code of Vtrgtnta, as amended, for the followmg purpose PUBLICL Y-HELD PROPERTY Dtscusston or constderatton of the acqmsttton of real property for a pubhc purpose, or of the dtsposttton of pubhcly-held real property, where dtscusston tn an open meettng would adversely affect the bargatntng posttton or negottattng strategy of the pubhc body pursuant to Sectton 2 2-3711(A)(3) Rudee Loop ProJect Acqutsttton of Property -Vtrgtnta Beach Dtstrtct Vottng 11-0 Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Richard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None (6:50 P.M. - D28 P.M.) August 2 7, 2002 - 51 - ITEM # 50083 Mayor Meyera E Oberndorf, RECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Ctty Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, August 27, 2002, at 7 28 PM Upon motton by Vtce Mayor Man&go, seconded by Councdman Jones, City Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc bus~ness matters lawfully exempted from Open Meeting requtrements by Virgtma law were &scussed tn Closed Sesston to which this certtficat~on resolution apphes, AND, Only such pubhc business matters as were identified tn the motion convemng the Closed Sesston were heard, chscussed or considered by V~rg~ma Beach Ctty Council Vottng' 11-0 Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vice Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Councd Members Vottng Nay None Councd Members Absent None August 27, 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 ~n ITEM # 50082, page 52, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3711(.4) of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted m conformity w~th V~rgmia 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 Virgima law were discussed m 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. Ruth Hodges Smith, MMC C~ty Clerk August 27, 2002 - 52 - Item V-P. AD JO URNMENT ITEM # 50084 Mayor Meyera E Oberndorf DECLARED the City Councd Meeting ADJOURNED at 7:30 P.M. Chtef Deputy Ctty Clerk Robert C Man&go, Jr Vice Mayor ~utty Clerk - Meyera E Oberndorf Mayor Ctty of Vtrgtnta Beach Vtrgtnta August 27, 2002 TOWNE BANK A Tradmon ofHo~ru'rolam Bankm~ \Vax side Othce 4216 Xlr~nta Beach Blxd 5rote 180 ~.,rg, n,, ~each ~ 23452 DATE August 27, 2002 PAY TO THE ORDER OF Treasurer, Ci~ or Virginia Beach $ 40,000.00 003944 68 -8941514 DOLLARS CASHIER'S CHECK REMITTER Friends of Wcstcm Branch Is'O0 ii q t, h"' ~:0 5 i hOG q t, q~_' VOID 90 DAYS AFTER DATE OF ISSUE 0 a ii aO000 ~,8"' Vlarine Resources Commission ;hington Avenue, Third Floor News, Virginia, 23607 August 27, 2002 29 , DATE 68-490/514 65,000 ~xty-Five Thousand ................ and no/lO0 ........................ DOLLARS Citizens Bank ' )nd, Va 23218 ~ ~~ ~,: o ?o ~a ~ ~ ao ~, 2 ~'gi,- - -- i