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Home My WebLink AboutMARCH 2, 2004 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" MA fOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIEZ,EL, Kempsville - District 2 MARGARET L EURE, Centerville - District I REBA S. McCLANAN, Rose Hal! - District 3 RICHARD A. MADDOX, Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER W. SCHMIDT, At-Large RON A. VILLANUEVA, At-Large ROSEMARY WILSON. At-Large JAMES L. WOOD, Lynnhaven -District 5 --_. d\N'i':Bl1A.~o E""..-!'~"l-. :!~ . '. % . fl '". 2 .~l--.. S'; .,... . ~" .....1'.. "~___ .," .,t,b~ $" <io~ o~ o":;!' ~",o CITY COUNCIL CITY COUNCIL AGENDA CITY HALL BUILD/NG I 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 427-4303 FAX (757) 426-5669 E MAIL:Ctycnc/@vbgov.com JAMES K. SPORE, City Manager LESLIE L. LILLEY, City Attorney RUTH HODGES SMITH, MMCA, City Clerk 2 March 2004 L CITY MANAGER'S BRIEFINGS - Conference Room - 1 :00 P.M. A, INDIGENT PRENATAL CARE Dr. Venita Newby-Owens B. URBAN DESIGN PLAN FOR KEMPSVILLEIPRINCESS ANNE ROADS INTERSECTION H, Clayton Bernick Environmental Management Programs Administrator, Department of Planning C. CLUSTER DEVELOPMENT Robert J. Scott, Director, Department of Planning William M, Macali, Deputy City Attorney IL REVIEW OF AGENDA ITEMS IlL COUNCIL LIAISON REPORTS N, CITY COUNCIL COMMENTS V. INFORMAL SESSION - Conference Room - 4:00 P.M. A. CALL TO ORDER - Mayor Meyera E, Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 P.M. A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Jonathan Bennett Pastor, Baylake 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 1. SPECIAL FORMAL SESSION February 17, 2004 2. INFORMAL AND FORMAL SESSION February 24,2004 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARING 1. ARROWHEAD ELECTION PRECINCT CHANGE from Arrowhead Elementary School to Carrow Baptist Church I. CONSENT AGENDA J. ORDINANCES 1. Ordinance to AMEND and REORDAIN § 10-1 of the City Code to change the election polling place for the Arrowhead Precinct from Arrowhead Elementary School to Carrow Baptist Church 2. Ordinance to AUTHORIZE a temporary encroachment into a portion of Lake Rudee by DELMAS and KAREN JAMES to construct and maintain a wooden pier and existing stone riprap at 6 Caribbean Avenue. (DISTRICT 6—BEACH) 3. Ordinance to AMEND and REORDAIN §§ 21-364, 21-371, 21-405 and 21-440.9 of the City Code re parking violations. K. RESOLUTIONS 1. Resolution to DESIGNATE the Live Oak Tree(Quercus Virginiana) as the official tree for the City of Virginia Beach. 2. Resolutions REFERRING to the Planning Commission proposed amendments to the City Zoning Ordinance (CZO): a. § 401 re bulk storage of earthen minerals as a conditional use in AG-1 and AG-2 Agricultural Zoning Districts. b. §§ 250,251, 252 and 253 to repeal the Open Space Promotion option. L. PLANNING Applications of KENNETH A. HALL to expand their property at 3500 Holland Road. (DISTRICT 3—ROSE HALL) a. Change of Zoning District Classification from 1-1 Light Industrial District to B-2 Community Business District b. Conditional Use Permit for motor vehicle sales and service M. APPOINTMENTS BOARD OF BUILDING CODE APPEALS—(a)Plumbing/Mechanical (b)Building Maintenance COMMUNITY POLICY and MANAGEMENT TEAM - CSA AT-RISK YOUTH FRANCIS LAND HOUSE BOARD OF GOVERNORS HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE -HREDA HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD MINIORITY BUSINESS COUNCIL OPEN SPACE COMMITTEE PARKS and RECREATION COMMISSION PLANNING COUNCIL PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION TIDEWATER REGIONAL GROUP HOME COMMISSION N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired,call: TDD only 427-4305 (TDD-Telephonic Device for the Deaf) * * * *** * * * Agenda 3/02/04 gw www.vbgov corn MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 2 March 2004 Mayor Meyera E. Oberndorf called to order the City Manager's Briefing re INDIGENT PRENATAL CARE of the Virginia Beach City Council in the City Council COliference Room, City Hall, on Tuesday, March 2,2004, at 1:00 P.M. Council Members Present: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Jim Reeve, Peter W Schmidt, Ron A. Villanueva. Rosemary Wilson and James L. Wood Council Members Absent: Richard A. Maddox [Business Commitment) - 2- C IT Y MANA G E R 'S B R IE FIN G INDIGENT PRENATAL CARE 1 :00 P.M. ITEM # 52281 Dr. Venita Newby-Owens, Director - Virginia Beach Health District, provided an update relative Prenatal Care for Indigent, Uninsured Citizens, as well as a possible solution. Dr. Newby-Owens introduced her colleagues of Sentara Virginia Beach General Hospital: Dr. Craig Ruetzel Chair - Obstetrics/Gynecology Department Les Donahue Administrator Linda Norton Manager - Women's Health Paige Crunk Manager - Neo Natal Intensive Care Unit Since July 1994, the Virginia Beach Department of Public Health has provided a safety net for maternity services for uninsured citizens in Virginia Beach. All of the Medicaid patients are referred to the private physicians. The uninsured are assigned to the private physician on a rotating basis for delivery and consultation. The private Obstetricians bill directly for the charges for Medicaid. On June 2003, the Health District was notified this arrangement for deliveries would no longer be continued. Therefore, an interim crisis plan was developed. Guiding Principals Regarding Prenatal Care Core public health service Necessary for all Virginia Beach women Early quality care needed to maintain a healthy community Direct relationship to low infant mortality and low birth weight rate Necessary to attain goal: "All Virginia Beach babies are horn healthy and enter school ready to learn " A system of care in which the delivering obstetrician is familiar with patient's medical history and pregnancy source has many advantages, including better birth outcomes Decrease tax payers' burden i.e. Neonatal Intensive Care Special Education Court/legal system Foster Care Specialty Medical Care /Rx March 2, 2004 I-'-~--~'----'---'-- - 3 - C IT Y MANA G E R 'S B R IE FIN G INDIGENT PRENATAL CARE ITEM # 52281 (Continued) Steps taken to Reach a Solution Gather information and analyze data Survey Health Districts Survey local obstetricians Involve stakeholders Develop consensual plan/proposal Findfundingfor plan Dr. Newby-Owens displayed a chart depicting data relative Prenatal patients 1989 to 2004 served in the Health Department Clinic. From Fiscal Year 1995 through Fiscal Year 2003, the uninsured increasedfrom 19% to 74%. In Fiscal Year 2004, the uninsured represented 83% of the patients served in the Health Department. From 1986 through 1992, the City entered into a contractual agreement with private physicians for approximately $300,000 to pay for deliveries of Virginia Beach uninsured patients. In 1992, this amount was decreased to approximately $200,000. In 1993, because of changes in the medicaid guidelines, the private physicians began performing the deliveries free-oj: charge. At this point, the private physicians accepted all the City's medicaid patients for the total prenatal care and the uninsured without Medicaid were also attended by the private physicians; however, the patients were billed directly by the physicians. On July I, 1994, the Health Department only tended the uninsured patients. Also, during the early 1990's, Medicaid was changed to Managed Care. The trends involved the mix of Medicaid and uninsured was reflected on the chart entitled; Health Department Payor Mix Trends. In Fiscal Year 2002, the trend reversed. Whereas the majority of patients had been eligible for Medicaid, in 2002 the uninsured became a greater percentage. Now, the gap has widened further. Last year, the Health Department Clinic served one hundred twelve (112) patients. Of those eligiblefor Medicaid, twenty-six were eligible for Medicaid and eighty-six (86) were not. Fifty-seven (57) of those patients not qualifYingfor Medicaid were foreign born, non-citizens and twenty-two (22) were over scale for Medicaid (the working poor). Seven (7) were adolescents (between the ages of 18 and 21 years), whose parents did not provide the necessary information for the Medicaid process. At this point, the parents are required to provide their income levels in order for the adolescent to be eligible. Dr. Newby- Owens referenced the chart depicting Maternity Care Within The Hampton Roads District Health Departments. Physician Issues Increasing demand for care - aging populations Aging Medical Staff(14% will retire within 5 years) Government reimbursement not keeping pace with costs Economic model does not support new physician recruitment Increasing malpractice rates and suits Relative the chart depicting Trends with Uninsured and Hospital Staff Physicians, in Fiscal Year 2002, at the same time there was an increase in the number of uninsured patients, there was a decrease in the number of practicing Obstetricians. From twenty-eight (28) practicing Obstetricians in Fiscal year 1996, the number decreased to twenty-two (22) in Fiscal Year 2002 and in 2003, decreased to seventeen (17) and this year the number is below seventeen (17) March 2, 2004 ----r'--.--.,-..'.-." - - 4- C IT Y MANA G E R 'S B R IE FIN G INDIGENT PRENATAL CARE ITEM # 52281 (Continued) Medicare (Seniors 65+) pays physicians less in Virginia than in many other states. Virginia's reimbursement is 5. 1% below the median level. Medicaid (State/Federal Program for Poor) pays 25% less than Medicare. Medicare pays hospitals less in Hampton Roads with reimbursement 14.3% below the median level. One of the factors relative the difficulty in assuring access to care for the uninsured is the increase re attention to risk management and malpractice suits. To address this issue, legislation was included in the City's 2004 Legislative Package. The General Assembly is requested to provide "Immunity to any physician who delivers health care services (in his/her office, clinic, hospital or other facility that would normally charge for services in part or in total) without charge to individuals who are indigent unless liability was the result of gross negligence or willful misconduct". In consultation with Robert Matthias, Assistant to the City Manager, he advised this proposed legislation was introduced by Delegates Harry R. Purkey and Terrie L. Suit. However, the proposal was "killed in committee" by opposition from trial attorneys. Media coverage from 2003 to the present re indigent prenatal care was referenced. Crisis Plan to Manage Care of Uninsured, Unassigned patients Schedule low-income women for Prenatal Admission Clinic for risk assessment, eligibility determination, referral other community services Provide routine prenatal care for low risk patients not eligible for Medicaid Provide copy of prenatal record to patient and Sentara Virginia Beach General Hospital Provide updates of record plus ultrasounds at 28 and 36 weeks Provide weekly copies of the "Maternity Record Flow Sheet" to the patient and hospital during last four weeks of care Advise patients to preregister early with Sentara Virginia Beach General Hospital Business Office to set up payment plan for delivery Advise women who experience complications to go to Sentara Virginia Beach General Hospital Emergency Roomfor assessment March 2, 2004 "o..._--r- - 5- C IT Y MANA G E R 'S B R IE FIN G INDIGENT PRENATAL CARE ITEM # 52281 (Continued) Current Problems Lack of continuity of care and fragmentation of services Difficulty getting patients who are past due scheduled for delivery No process for consultation for prior Cesarean-section patients Difference of opinion concerning what is high risk Lack of equipment to weigh patients over 350 pounds Confusion regarding current process - who to call? Dr. Newby-Owens cited the proposal. Collaborative process for Managing Prenatal Care and Delivery of Uninsured and Indigent Virginia Beach Women The Virginia Beach Department of Public Health will: Conduct a prenatal assessment and referral clinic for indigent women Provide case management services for at risk pregnant women Provide translation services Provide prenatal care to indigent or uninsured women not eligible for Medicaid Private Obstetricians will: Accept assignment of low to moderate risk patients at initiation of prenatal care Be available for telephone consultation regarding assigned patients Admit and provide inpatient hospital care for women with complications Schedule patients for routine office visit at 37 weeks Provide hospital based postpartum care and refer patient to Health Department for follow-up Accept Medicaid rates for delivery ($800 for vaginal delivery and $900.00 for C-section) Accept Medicaid rates for patient needing hospitalization during the pregnancy Maintain records of deliveries and hospitalizations; submit appropriate documentation for payment Commit to this proposal for a two-year period March 2, 2004 - 6- C IT Y MANA G E R 'S B R IE FIN G INDIGENT PRENATAL CARE ITEM # 52281 (Continued) Dr. Newby-Owens outlined the cost of care provided by private Obstetricians is estimated relative one hundred (100) patients for the fiscal year. The cost per prenatal patient is estimated to be approximately $1,000. The cost of speciality consultation and physician hospitalization charges are $50,000 for a Total Cost Per Year encompassing approximately $150,000. Funding Comprehensive Service Act Operating Budget Recommendation - Revenue Maximization Funds Prenatal Care for Indigent, uninsured Virginia Beach Women $150,000 per year for two (2) years (pending City Council approval of Community Services Act Budgetfor Fiscal Year 2005) Considerations for Sustaining the Program after the Two Years Revenue Maximization Funding Explore Medicaid regulations regarding emergency medical services Establish process for Medicaid reimbursement under emergency medical services provisions Establish relationships with tertiary care providers Explore provision of the Virginia Birth-Related Neurological Injury Compensation Act Continue legislative advocacy The Comprehensive Services Act is a State program which reviews all of the services i. e. foster care, children in the legal system with mental or social disabilities. The funding of$I 50,000 would be within the Title 4E funding which is provided to the locality for improving services. There would be no match required by the locality. Dr. Newby-Owens advised according to the health care guidelines, if an individual has a Virginia Beach address, then they are considered to be a Virginia Beach resident and prenatal care is provided. Telephone numbers are requested to maintain contact. Licensed Mid Wives and Obstetrics/Gynecology Nurse Practitioners are legal to perform deliveries in the State and are utilized by some localities. Dr. Craig Ruetzel, Chair - Obstetrics/Gynecology Department - Sentara Virginia Beach General Hospital, advised for the past five (5) years, Sentara Virginia Beach General is the only hospital in Virginia Beach performing obstetric care. Dr. Ruetzel complimented Dr. Newby-Owens on the proposal for prenatal care and the extraordinary care provided by the Health Department. March 2, 2004 - 7- C IT Y MANA G E R 'S B R IE FIN G INDIGENT PRENATAL CARE ITEM # 52281 (Continued) In 1994, Dr. Dan Dickerson, former Director of the Health Department, proposed to Bayside and the Virginia Beach General Hospitals relative 30 prenatal patients, not qualifYingfor Medicaid, served by the Health Department and requested the more than twenty-six (26) Obstetricians in existence at the time perform the deliveries. Over time, the burden of malpractice has increased and reimbursement has not kept pace, as well as the shift in numbers. This year, there have been sixty-nine (69) uninsured patients in the last seven (7) months. Unfortunately, the number of Obstetricians has decreased to twelve (12) performing unassigned calls. This number will decrease to eleven (11) as one of the physicians is no longer eligible for malpractice insurance. The City has a difficult time attracting Obstetricians due to reimbursement, salaries and cost. Dr. Ruetzel advised being a part of the 60-member Mid-Atlantic Women's Care team who have been unsuccessful in addressing the problem of reimbursement. This matter will have to be introduced on the Congressional level. March 2, 2004 - 8- CITY MANA GER 'S BRIEFING CLUSTER DEVELOPMENT 2:05 P.M. ITEM # 52282 This item was moved forward prior to the briefing relative Urban Design Plan for Kempsville/Princess Anne Roads Intersection. Robert J. Scott, Director of Planning, referenced: K.2. Resolution REFERRING to the Planning Commission proposed amendments to the City Zoning Ordinance (CZOr b H 250, 251, 252 and 253 to repeal the Open Space Promotion option. In 2002, the General Assembly enacted amendments to the Virginia Code requiring localities allowing clustering of single -family dwellings pursuant to a conditional use permit to amend their zoning ordinance or subdivision regulations by July 1, 2004, so as to allow clustering as a matter of right as well as by conditional use permit. This tool has been utilized successfully for over twenty-five (25) years. Deputy City Attorney William M. Macali advised because the City Zoning Ordinance (CZO) contains the Open Space Promotion Option (Sections 250-253), under which clustering of single-family dwellings is allowed pursuant to a conditional use permit, the legislation applies to the City. For that reason, the City must either: (1) allow single-family dwellings to be clustered as a matter of right; or (2) eliminate the Open Space Promotion Option (such that the 2002 legislation would not apply). This is not signaling the end of open space and cluster development in Virginia Beach.. The City can allow clustering by using conditional zoning as a tool (typically occurring in the Transition Area) for maintaining control over the clustering of homes within a development. An individual could apply for a rezoning classification, which permits smaller lots and at the same time proffer a density. The lots would be smaller, but the density would be preserved. A conditional zoning application, in essence, clusters the housing and serves the purposes of open space. Mr. Scott advised every time open space promotion is utilized, there are four (4) occurrences: (1) lots are smaller than ordinarily allowed by the zoning ordinance; (2) the number of lots are less; (3) more open space; and, (4) City Council may review the plan. By not allowing clustering as a mater of right, and instead using conditional zoning as a tool for maintaining control over the clustering of homes within a development, the City will retain a much higher degree of control over the result than it could by allowing it as a matter of right. The Tidewater Homebuilders would prefer this remain "by right ", but understand the problem. Concern was expressed relative clustering of lower priced homes. March 2, 2004 - 9- C IT Y MANA G E R 'S B R IE FIN G CLUSTER DEVELOPMENT ITEM # 52282 (Continued) Mr. Scott cited the example of the staff's recommendation: an applicant would request an Agriculturally zoned parcel of ten (10) acres be conditionally rezoned to R -7.5. allowing 7,500 square foot lots. The proffer would stipulate not more than thirty (30) lots would be platted. A plan would be presented compatible with the needs of the neighborhood. Mr. Scott and Deputy City Attorney Macali requested DEFERRAL of this Ordinance to March 23, 2004, to bring forward a proposal which would eliminate open space promotion as a matter of right, as well as an alternative proposal. March 2, 2004 - 10- MA YOR'S COMMENT 2:23 P.M. ITEM # 52283 Mayor Oberndorf referenced correspondence from Attorney Edward Bourdon relative: Applications ofF. DONALD REID at 3592 Indian River Road. (DISTRICT 7 - PRINCESS ANNE)(approved: February 10, 2004). a. Variance to .9 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) and allow aforty- five (45) foot lot subdivision with open space and walking trails in the Transition Area b. Change of Zoning District Classification from AG-I and AG-2 Agricultural Districts to Conditional R20 Residential District c. Conditional U,e Permit re Open Space Mr. F. Donald Reid has not received any written notification relative SCHEDULING of Advertising a Public Hearing for RECONSIDERATION of his applications at the City Council Session of Tuesday, March 9, 2004, at 6:00 P.M. Attorney Bourdon will be out of the country on March 9, 2004, and wished the item scheduled for the City Council Session of March 23, 2004. Mr. Scott advised notification is not provided by the Planning Department. The City Attorney advised this process does not have a notification procedure; however, the Reconsideration was advertised properly and all legal requirements have been met. The City Attorney will meet with the City Clerk and Director of Planning to devise a procedure of notification. A written notice shall be provided to Attorney Bourdon with copies to City Council. On March 9", Councilman Reeve will request the Reconsideration be DEFERRED until the City Council Session of March 23, 2004. March 2, 2004 - 11- C IT Y MANA G E R 'S B R IE FIN G URBAN DESIGN PLAN FOR KEMPSVILLEIPRINCESS ANNE ROADS INTERSECTION 2:25 P.M. ITEM # 52284 Clay Bernick, Environmental Management Programs Administrator, provided information relative the Urban Design Plan for Kempsville/Princess Anne Roads Intersection. Mr. Bernick displayed a map indicating the location of the intersection. Mr. Bernick referenced the overview of the Historic Kempsville Strategy: To leverage public investments in planned transportation improvements into helping create a sense of place for the area by: promoting a combination of both public amenities and private development and redevelopment opportunities recreating a sense of place and identification foresting better integration with the adjoining neighborhood context Mr. Bernick displayed the Alternate B design which was approved by City Council (April 9, 2002): ALTlUUfAT& .. - 11III -" """<U' ....- _~n",^" """"""""""'rl''''_ a:","Qf'''''''''G_'",-"",,-''__''' r.:::l~~"""'''''''''-'''' CJ .7"-'~_" _~ _ ,'~_."",,"'"_ The existing Princess Anne Road runs to the north of the proposed Princess Anne Road. March 2, 2004 I --..-.-..----,.~ - 12- CITY MANA GER 'S BRIEFING URBAN DESIGN PLAN FOR KEMPSVILLEIPRINCESS ANNE ROADS INTERSECTION ITEM # 52284 (Continued) For the past year and 'half. the staff has been coordinating with the Kempsville Center Strategy Work Group. Createdfromformer Transportation Project Citizens Advisory Committee with additional members from the Community Regular Meetings since September 2002 Process has formulated DRAFT concepts for the Land Use Plan and Property Access with community ownership Intersection quadrant meetings approach has clarified specific issues and opportunities What are the Issues? Environmental Constraints and Opportunities Open Space and Recreation Amenities Historic Resources Disposal and Use of Excess City Property and right-of-way Coordination with Transportation improvements, City infrastructure an facilities Coordination with property owner interests What are the Opportunities? Enhanced Property Values Improved Transportation access and movement Better Integration of area with adjoining neighborhoods Quality Design and Development Promote Historic Setting Create Special Area March 2, 2004 -13 - C IT Y MANA G E R 'S B R IE FIN G URBAN DESIGN PLAN FOR KEMPSVILLE/PRINCESS ANNE ROADS INTERSECTION ITEM # 52284 (Continued) Land Use and Urban Design Plan Relationship to Comprehensive Plan Compliance with Plan Adopted by Reference Relationship to Transportation Project Compliance with Project Plans Full Communication and Coordination with Project process Efforts Underway Strategy Work Group KEMPS LANDING AREA PLAN PROPOSED LAND USE '<,.."~.u"d;"~"",,PIo" Prop...dlond'J.. .-.",-~ c::J ~""(~M"''''''''''O''''''o.:.,,,..,,, l"ropo..dlWldU.. ''''''il.i,"~'" 1""",1",' CIT:JMI"'dU" !RQffi<..P,or.,,,"."H.,,,,o.dR."il _OF>"" Spot. _""..,-.1",,,",,;,,,,,, ,'O'''lRooid,,,,,.1 .t, . The section depicted as limited industrial is the relocation of Yoder Dairy, The Plan Objectives are to promote land uses that accomplish multiple objectives, A max of land uses and the establishment of a Design Overlay District is recommended. Future consolidation of parcels to form building blocks for new development is encouraged. Reinforce modifications to side street pattern and foster revitalization of adjoining commercial resident areas are also recommended. March 2, 2004 -14 - C IT Y MANA G E R 'S B R IE FIN G URBAN DESIGN PLAN FOR KEMPSVILLE/PRINCESS ANNE ROADS INTERSECTION ITEM # 52284 (Continued) Next Steps Request City Council AUTHORIZE $130,000 in Urban Design Funding to support Land Use Plan completion by Planning Department Staff Continue strong community input process Finalize Draft Land Use Plan for Planning Commission and City Council consideration Support Plan implementation using opportunities created by transportation improvements Summary Short and Long Term Land Use Strategy Support Transportation Project Objectives Create new opportunities with multiple outcomes Enrich Neighborhoods Provide a model for similar efforts in other areas of the City Council Lady McClanan DISCLOSED pursuant to Section 2.2-3II5(G), Code of Virginia, regarding City Council's discussion and briefing by City Staff re the Urban Design Plan for Kempsville/Princess Anne Roads Intersection. Council Lady McClanan and her husband have an ownership interest in Kempsville Professional Center, Inc., and that corporation owns property that is located at 425 South Witchduck Road, near the intersection of Kempsville Road and Princess Anne Road. Council Lady McClanan is a member of a group (property owners affected by the Princess Anne/Kempsville Intersection Project). The City Allorney has advised Council Lady McClanan may participate in this discussion fairly, objectively and in the public interest. Council Lady McClanan 's leller oj March 2, 2004, is hereby made a part of the record. Council Lady McClanan advised City Council agreed the staff would review access to the properties. There was no intent to purchase without providing adequate access. The intent was access to the main road. Mr. Bernick advised the group has been sensitive to property access issues and the recommendations will be presented to City Council for final consideration. There are efforts underway relative identified re- mediation of the old shopping center site, which the City purchased. This concerns past petroleum and dry cleaner spills. March 2, 2004 -15 - CITY MANA GER 'S BRIEFING URBAN DESIGN PLAN FOR KEMPSVILLEIPRINCESS ANNE ROADS INTERSECTION ITEM # 52284 (Continued) Relative the Emmanuel Episcopal Church's concerns, the Kempsville Center Strategy Work Group met on Monday, March 1, 2004, and reviewed their issues. Alternatives were discussed concerning the property and access issues. Parking and future expansion of the Church are major concerns. Staff representatives from Planning, Public Utilities and Public Works are working with the Church. The cost of the proposed Intersection when first considered in 1987 will be provided (three alternatives were proposed: an at-grade intersection, full interchange and an urban interchange). All three (3) alternatives were rejected by the City Council and the public. The present project is approximately $50- MILLION. Councilman Diezel advised this is on(v Phase Ioffour (4) phases. Relative Lord Dunmore, there were several options: close the road; maintain through traffic both directions or allow access only out of the neighborhood. At the present time, the majority favor the option of access only out of the neighborhood and no internal access points. March 2, 2004 .--r City C)f Virgh-:Lia :I:3each REBA $. McCLANAN COUNCil LADY - DISTRICT 3 - ROSE HALL PHONE" (757) 340-88~5 FAX: (757) 426~5669 March 2, 2004 Mrs. Ruth Hodges Smith, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Dear Mrs. Smith: Re: Disclosure Pursuant to Section 2.2-3l15(G), Code of Virginia Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(G), Code of Virginia, I make the following declaration: I. I am executing this written disclosure regarding the briefing by City staff to City Council concerning the Urban Design Plan for Kempsivlle/Princess Anne Roads Intersection. 2. The nature of my personal interest is that my husband and I have an ownership interest in Kemspville Professional Center, Inc., and that corporation owns property that is located at 425 South Witchduck Road (GPIN 14667954000000), near the intersection of Kempsville Road and Princess Anne Road. 3. I am a member of a group (property owners affected by the Princess AnnelKempsville Intersection Project) the members of which are affected by the transaction. 4. I am able to participate in this discussion fairly, objectively, and in the public interest. 3224 BURNT MILL ROAD, VIRGINIA BEACH. VA 23452-5207 Proud ReciPient a/the 1998 U.S. Senate Medallion a/Excellence/or Productivity and Qyality in the Public Sector. Mrs. Ruth Hodges Smith -2- March 2, 2004 Re: Disclosure Pursuant to Section 2.2-3115(G), Code of Virginia Accordingly, I respectfully request that you record this declaration in the official records of City Council. I previously provided you with an opinion letter from City Attorney Leslie L. Lilley, which addresses this matter, and I understand that you have filed that opinion with the minutes for City Council's September 9,2003 meeting. Thank you for your assistance and cooperation in this matter. Sincerely, iJh J~~ Reba S. McClanan Councilmember RSM/RRI Enclosure -16 - AGE N DA REV I E W S E S S ION 3:20 P.M. ITEM # 52285 J 1. Ordinance to AMEND and REORDAIN S 10-1 of the City Code to change the election polling place for the Arrowhead Precinct from Arrowhead Elementary School to Carrow Baptist Church The City Attorney advised the Voter Registrar requested DEFERRAL of this item, due to a difficulty concerning this location. This item shall be DEFERRED INDEFINITELY. ITEM # 52286 J3. Ordinance to AMEND andREORDAIN H 21-364,21- 371, 21-405 and 21-440.9 of the City Code re parking violations. Concern was expressed relative the increase in fines re parking meters and parking in spaces reserved for persons with disabilities. Associate City Attorney Larry Spencer advised the fines for parking in a fire lane had been increased previously during the FY 2003-2004 Budget process. The Ordinance was AMENDED to eliminate the increase in penalties re parking meters (Section 21-405) and reduces the fine for parking in a space for persons with disabilities to $250 rather than $300, if payment is not received by the City Treasurer within fourteen (14) days (lines 179 and 180). ITEM # 52287 BY CONSENSUS, the following shall compose the CONSENT AGENDA: ORDINANCES Jl. Ordinance to AMEND and REORDAIN S 10-1 of the City Code to change the election polling place for the Arrowhead Precinct from Arrowhead Elementary School to Carrow Baptist Church J2. Ordinance to AUTHORIZE a temporary encroachment into a portion of Lake Rudee by DELMAS and KAREN JAMES to construct and maintain a wooden pier and existing stone riprap at 6 Caribbean Avenue. (DISTRICT 6 - BEACH) March 2, 2004 -17 - AGE N DA REV I E W S E S S ION ITEM # 52287 (Continued) J.3.. Ordinance, As Revised, to AMEND and REORDAIN Sf 21-364, 21-371, 21-405 and 21-440.9 of the City Code re parking violations. RESOLUTIONS K.I. Resolution to DESIGNA TE the Live Oak Tree (Quercus virginiana) as the official tree for the City of Virginia Beach. K.2.. Resolutions referring to the Planning Commission proposed amendments to the City Zoning Ordinance (CZO): a. 9 401 re bulk storage of earthen minerals as a conditional use in AG-I and AG-2 Agricultural Zoning Districts. b. H 250, 251, 252 and 253 to repeal the Open Space Promotion option. PLANNING L.I. Applications of KENNETH A. HALL to expand their property at 3500 Holland Road. (DISTRICT 3 ~ ROSE HALL) a. Change of Zoning District Classification from I-I Light Industrial District to B-2 Community Business District b. Conditional Use Permit for motor vehicle sales and service Item J.3. will be AMENDED, BY CONSENT. Council Lady McClanan will vote NAY on Item J.3. Item J.I will be DEFERRED INDEFINITELY, BY CONSENT. Item K.2.b. will be DEFERRED, BY CONSENT, until the City Council Session of March 23,2003. March 2, 2004 -18 - CITY COUNCIL LIAISON REPORTS AND CITY COUNCIL COMMENTS 3:30 P.M. ITEM # 52288 Council Lady Eure referenced the City's Policy regarding Sharing of Administrative Fees for Multi- Jurisdictional Revenue Bond Issues. The Development Authority has approved the Policy and requested City Council's concurrence. Mark Wawner, Town Center Development Manager - Economic Development, advised this policy is similar to those already adopted by other Authorities in the region, including the Cities of Norfolk, Hampton and York County. The Virginia Beach Development Authority has benefitted from fee sharing from the Norfolk Industrial Development Authority for several years, but that has recently ceased because the Virginia Beach Development Authority does not have such a fee sharing policy. Adoption of this policy will allow the Authority to receive a proportionate share of administrative fees collected in other jurisdictions. For the last several years, approximately $9,000 a year was coming from one bond issue the City of Norfolk was giving Virginia Beach. The City of Norfolk stopped these funds. Mr. Wawner advised the Development Authority is aware of some significant bond issues from Sentara in the future, which will have significant revenues associated with them. This policy would enable the City to benefit from approximately $20,000 to $50,000 annually. The City Attorney advised the Virginia Beach Development Authority has the right to enact this policy; however, the Authority chose to inform the City Council and asked to be advised of any objections. BY CONSENSUS, City Council Verbally APPROVED the Policy regarding Sharing of Administrative Fees for Multi-Jurisdictional Revenue Bond Issues. ITEM # 52289 Mayor Oberndorf referenced the luncheon meeting of the Hampton Roads Mayors and Chairs, Friday, February 27, 2004. The Mayors of Virginia Beach, Williamsburg and Norfolk conducted a Press Conference supporting Senator John Warner's plea for the tax increase by the State Legislators in order to fund the deficit in education and mental health services. ITEM # 52290 Council Lady Eure referenced the request of the Hampton Roads Council of Veterans Organization and the Disabled Veterans requesting the City provide full insurance coverage, with no cost to the sponsoring organization,jor the Annual Veterans Day parade. The City Manager advised the City has covered this cost for years. Correspondence has been forwarded to the Veterans. The cost has been waived. Steven Thompson, Chief Financial Officer, advised all organizations are requested to have liability insurance ($4,000). The City covers the Veterans Day Parade. A summary shall be provided relative the various organizations and parades. March 2, 2004 -19- CITY COUNCIL LIAISON REPORTS AND CITY COUNCIL COMMENTS ITEM # 52291 Mayor Oberndorf referenced Councilman Villanueva's suggestion concerning more participation by City Council Members in the formation of the weekly City Council Agenda. Mayor Oberndorf requested City Council advise of any pertinent issues. The City Manager, City Attorney and City Clerk meet with the Mayor and Vice Mayor every Wednesday relative the Agenda. Councilman Reeve referenced the life guard service at the Oceanfront. Last year, there was a discussion relative last minute decisions were made regarding "after hours" life guard service. After the season was over, the City Council requested a report relative cost by Emergency Medical Services (EMS) in comparison to the private contractor providing this service and a life guard service contract separate from the rental service. Councilman Reeve requested a complete review in order to determine what should be done for this coming year. The City Manager advised the City Council decided to have the life guard service contract separate from the chair rental. The City Manager believes there is value in "separate" versus "combined". Competitive pricing will be sought. Council Lady Wilson suggested two (2) proposals, the life guard contract "with" and "without" the rental service. The City Manager shall provide the Policy Report. ITEM # 52292 Councilman Schmidt and Council Lady McClanan referenced the memorandum from Cindy A. Curtis, Director - Parks and Recreation, relative the Parks and Recreation Strategic Plan and requiring a larger investment for a consultant than originally anticipated. Councilman Schmidt requested a discussion of this item. The Request For Proposal Team has selected thefirm of Leon Younger and PROS, an internationally renowned management-consulting firm that focuses its business solely on parks, recreation, maintenance management and leisure service providers. The initial cost estimatefor the Plan was $150,000. To fully fund this investment will require $269,830. ITEM # 52293 Council Lady Eure referenced the hotel and motel owners agreeing to a discounted rate for the Military during the Holidays. Council Lady Eure has heard not all the hotel and motel owners are in agreement. The citizens and stakeholders of the Resort Area believe City Council is not seeking their comments or hearing their concerns. Council Lady Wilson referenced the Military Appreciation Day representative team will have their first meeting next week. Council Lady Wilson was informed some of the hotel/motel owners would provide discounted rooms. City Council on February 10, 2004, adopted a Resolution expressing support for honoring the Nation's Military by scheduling a Military Appreciation Day on Memorial Day Weekend 2005. Next week the representative team will conduct its first meeting. Mayor Oberndorf requested all the stakeholders at the Resort Area be advised. Councilman Reeve referenced the conflict if the Military Appreciation Day is scheduled since the Strawberry Festival has been held on Memorial Day for many years. The City Attorney advised outdoor sidewalk cafes on Atlantic Avenue would require the approval of City Council. The Sidewalk Cafes shall be scheduledfor the City Council Session of March 9, 2004. March 2, 2004 - 20- CITY COUNCIL LIAISON REPORTS AND CITY COUNCIL COMMENTS ITEM # 52294 Council Lady Wilson congratulated Associate City Attorney Teresa McCrimmon's appointment as Judge of General District Court. ITEM # 52295 The following National League of Cities appointments were announced: Mayor Oberndorf Liaison to the International Affairs Committee Council Lady Eure Infrastructure and Transportation Committee Council Lady Wilson Community and Economic Development Committee March 2, 2004 - 21- ITEM # 52296 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended,for the following purpose: PERSONNEL MA TTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A) (1). To Wit: Appointments: Boards and Commissions: Board of Building Code Appeals Community Policy and Management Team - CSA At-Risk Youth Francis Land House Board of Governors Hampton Roads Economic Development Alliance - HREDA Health Services Advisory Board Historical Review Board Minority Business Council Open Space Committee Parks and Recreation Commission Planning Council Public Library Board Resort Advisory Commission Tidewater Regional Group Home Commission PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, the disposition of publicly- held property, plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of Property Centerville District Bayside District Lynnhaven District LEGAL MA TTERS: Consultation with legal counselor briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-3711 (A)(7). Newlight Associates, Inc. v. City of Virginia Beach, et al Upon motion by Councilman Wood, seconded by Councilman Schmidt, City Council voted to proceed into CLOSED SESSION. March 2, 2004 - 22- ITEM # 52296 (Continued) Voting: 10-0 Council Members Present: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox [Business Commitment} (3:58 P.M. - 5:30 P.M.) (Dinner: 5:30 - 6:00 P.M.) March 2, 2004 - 23- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL March 2, 2004 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, March 2, 2004, at 6:00 PM. Council Members Present: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Richard A. Maddox [Business Commitment} INVOCATION: Vice Mayor Louis R. Jones PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accountingfirm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare andfile the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes ths disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. March 2,2004 - 24- Item V-E.1. CERTIFICATION OF CLOSED SESSION ITEM # 52297 Upon motion by Councilman Schmidt, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council, Voting: 10-0 Council Members Present: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox March 2, 2004 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 # 52296, page 21, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-37]] (A) of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City CounciL ~ City Clerk March 2, 2004 - 25- Item V-F.1. MINUTES ITEM # 52298 Upon motion by Council Lady Wilson, seconded by Councilman Reeve, City Council APPROVED the Minutes of the SPECIAL SESSION of February 17, 2004. Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf. Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox March 2, 2004 - 26- Item V-F./. MINUTES ITEM # 52299 Upon motion by Council Lady Wilson, seconded by Councilman Reeve, City Council APPROVED the Minutes oj the INFORMAL AND FORMAL SESSION oj February 24, 2004. Voting: 9-0 Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. OberndorJ, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Harry E. Diezel Council Members Absent: Richard A. Maddox Councilman Diezel ABSTAINED as he was not in attendance during the City Council Session oJFebruary 24, 2004. March 2, 2004 Item V-G. ADOPT AGENDA FOR FORMAL SESSION BY CONSENSUS. City Council ADOPTED: - 27- ITEM # 52300 AGENDA FOR THE FORMAL SESSION March 2, 2004 -28- Item V-H.I. MAYOR'S INTRODUCTION ITEM # 52301 Mayor Oberndarfintraduced the Boy Scouts in attendance to earn their Citizenship in the Community Merit Badge: Troop 419 Sponsored by: Kings Grant Presbyterian Church Scout Master Eric Donaldson Michael Carpenter Nick Houze March 2. 2004 -29- Item V-LI. PUBLIC HEARING ITEM # 52302 Mayor Oberndorf DECLARED A PUBLIC HEARING: ARROWHEAD ELECTION PRECINCT CHANGE From Arrowhead Elementary School to Carrow Baptist Church There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. Mayor Oberndorf advised this item will be DEFERRED INDEFINITELY as the Voter Registrar expressed concern relative the precinct location. March 2, 2004 - 30- Item V-J./K./L. ORDINANCES/RESOLUTIONS PLANNING ITEM # 52303 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED IN ONE MOTION Ordinances 1 (DEFERRED), 2, 3, Resolutions 1, 2a, 2b (DEFERRED) and Item 1 of the Planning Agenda By Consent. Item J.l was DEFERRED INDEFINITELY, BY CONSENT Item K.2b was DEFERRED, BY CONSENT, until the City Council Session of March 23, 2004. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt. Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox Council Lady McClanan voted a VERBAL NA Y on Item J.3. March 2, 2004 - 31 - Item V-J.l. ORDINANCES ITEM # 52304 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council DEFERRED INDEFINITELY: OrdinancetoAMENDandREORDAIN 910-1 of the City Code to change the election polling place for the Arrowhead Precinct from Arrowhead Elementary School to Carrow Baptist Church Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox March 2, 2004 - 32- Item V-J.2. ORDINANCES ITEM # 52305 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Ordinance to A UTHORIZE a temporary encroachment into a portion of Lake Rudee by DELMAS and KAREN JAMES to construct and maintain a wooden pier and existing stone riprap at 6 Caribbean Avenue. (DISTRICT 6 - BEACH) The following conditions shall be required: 1. The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval as to size, alignment and location. 2. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 3. The applicant shall indemnifY and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the temporary encroachment. 4. No permission or authority is given to the applicants to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachments by anyone other than the applicant. , 5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 6. The applicant must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within the encroachment area. March 2, 2004 Item V-J.2. - 33- ORDINANCES ITEM # 52305 (Continued) 7. The applicant shall obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant must also carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant must provide endorsements providing at least thirty (30) days 'written notice to the City prior to the cancellation or termination of or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. 8. The applicant shall submit for review and approval a survey of the area being encroached upon, certified by a registered professional engineer or a licensed land surveyor and/or "as built" plans of the temporary encroachment, sealed by a registered professional engineer, if required by the City Engineer's Office or the Engineering Division of the Public Utilities Department 9. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant for the use of such portion of the City's right-of- way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. March 2, 2004 - 34- Item V-J.2. ORDINANCES ITEM # 52305 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf. Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox March 2, 2004 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE CITY OWNED PROPERTY KNOWN AS LAKE RUDEE, BY DELMAS JAMES AND KAREN JAMES, HUSBAND AND WIFE, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Delmas James and Karen James, husband and Wife, desire to construct and maintain a proposed wooden pier and maintain an existing stone rip rap, upon the City's property located at the rear of 6 Caribbean Avenue. WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2- 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's properties, subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in 99 15,2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Delmas James and Karen James, husband and Wife, their heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment for a proposed wooden pier and maintain a temporary encroachment for existing stone rip rap on the City's property as shown on the map entitled: "PROPOSED ENCROACHMENT PRIVATE PIER FOR DELMAS and KAREN JAMES LOT F, RESUB. OF LOTS 1 THRU 5, BLK. 40, SHADOW LAWN HEIGHTS BEACH DISTRICT VIRGINIA BEACH, VA (REF: 200208203019176) DATE: JUNE 19, 2003," a copy of which is on file in the Department of Public Works and 29 to which reference is made for a more particular description; and 30 BE IT FURTHER ORDAINED, that the temporary encroachments are 31 expressly subject to those terms, conditions and criteria contained in the Agreement 32 between the City of Virginia Beach and Delmas James and Karen James, husband and 33 Wife (the "Agreement"), which is attached hereto and incorporated by reference; and 34 BE IT FURTHER ORDAINED, that the City Manager or his authorized 35 designee is hereby authorized to execute the Agreement; and 36 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 37 such time as Delmas James and Karen James, husband and Wife and the City Manager 38 or his authorized designee execute the Agreement. 39 40 Adopted by the Council of the City of Virginia Beach, Virginia, on the ::>nn day of March ,2004. APPROVED AS TO CONTENTS :~ *~~~~~EC.~\C~ f{fJ RMJ Elio1; DEPARTMENT 41 44 45 46 47 48 49 50 51 52 APPROVED AS TO LEGAL SUFFICIENCY AND F. ~ CITY ATTORNEY CA- qo'l 5 PREPARED:1/21/04 H:\ W P\ENCROACH\James\Ordinance.Jan.21 ,2004. wpd PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-81 l(aX3) AND 58.1-81 1 (cX4) REIMBURSEMENT AU1BORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this SJ day of ~..i~~1 ,2004, by and / between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and DELMAS JAMES AND KAREN JAMES, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: I I i land designated and described as "(LOT F, RESUBDlVISION OF LOTS 1 THRU 5, BLK 40, 1 I SHADOW LAWN HEIGHTS)" and being further designated and described as 6 Caribbean I II Avenue, Virginia Beach, Virginia 23451; I' Ii 'I II pier, "Temporary Encroachment", in the City of Virginia Beach; I ! I necessary that the Grantee encroach into a portion of an existing City property known as Lake I I Rudee, "The Encroachment Area"; and I That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of WHEREAS, it is proposed by the Grantee to construct and maintain a wooden WHEREAS, in constructing and maintaining the Temporary Encroachment, it is . WHEREAS, the Grantee has requested ! I Encroachment within The Encroachment Area. I I NOW, THEREFORE, for and in consideration of the premises and of the benefits I accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in i ! I hand paid to the City. receipt of which is hereby acknowledged, the City doth grant to the Grantee .1 " that the City permit a Temporary :: GPIN # 2427-00-1851 1 - r I !I permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "PROPOSED ENCROACHMENT PRIVATE PIER FOR DELMAS and KAREN JAMES LOT F, RESUB. OF LOTS 1 THRU 5, BLK. 40, SHADOW LAWN HEIGHTS BEACH DISTRICT VIRGINIA BEACH, VA (REF: 200208203019176) DATE: JUNE 19, 2003," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnity and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction 2 -- I r ----.----,---..-...-.....,.-.~...-,---. I !I of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroaclunent by anyone other than the I Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain ! the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a pennit from the Office of Development Services Center!Planning Department prior to commencing any construction within The Encroaclunent Area. It is further expressly understood and agreed that the Grantee must obtain and II keep in force all-risk property insurance and general liability or such insurance as is deemed I necessary by the City, and all insurance policies must name the City as additional named I i insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general 11'1: liability insurance in an amount not less than $500,000.00, combined single limits of such 'I II insurance policy or policies. The Grantee will provide endorsements providing at least thirty II 'I (30) days written notice to the City prior to the cancellation or tennination of, or material . i change to, any of the insurance policies. The Grantee assumes all responsibilities and I liabilities, vested or contingent, with relation to the Temporary Encroaclunent. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroaclunent Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroaclunent sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. :1 j', 3 -...r----' , II " ! " i Ii It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection oflocal or state taxes. IN WITNESS WHEREOF, Delams James and Karen James, the said Grantee has caused this Agreement to be executed by their signatures and seals duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: ~. Ii City Clerk "",,- 4 ", ----_._~--- , STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2004, by DESIGNEE OF THE CITY MANAGER. , CITY MANAGER! AUTHORIZED Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2004, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF Y;,ec./,,-nf CITY/~ OF gJU:;,.c.1/1 ALAei.f, to-wit: The foregoing instrument was acknowledged before me this '? '::$Q day of ~t.-z.."""<-""7 , 2004, by DELMAS JAMES AND KAREN JAMES. ,~I ;'1. ~~_...._.~ Notary Public My Commission Expires: [)~~<.. _ l ( .2 ()C:.J (.0 I APPROVED AS TO LEGAL SUFFIC e' AL ESTATE AGENT CITY A TT Y Rev. 07-24-02 5 ~~ co CARIBBEAN AVENUE (50' R/W) N 13"53'55 W . . ----- . 50.00' . , . , .' f .. . . . . . b , 0 .n ~ "' . CD '" 0 2-S-F '<D LOT G 0 "' LOT F .... z _N 13"5~55 W _ 66.29' WA TERFRONT CONSUL TING, INC 1112 JENSEN DRIVE, #206 VIRGINIA BEACH, VA 23451 PHONE (757) 425-8244 FAX: (757) 313-9788 .'--'1 b o .n o "' ~ ~ '" ~ LOT E .... z PROPOSED PIER 0.5' OFF' SIDE PL +.1 \? .1.> q,.. / ."<9" (" EX. PIER LAKE RUDEE N/F CITY OF VIRGINIA BEACH PROPOSED PIER / 2"-'0'0 ---- . - ~,,# /' -........ ,- /' '-..... ./ f;)~' IN'*-' 7 = 'f' /' ... _il. / ~'L ~'L ..L ~l.j.J~ ..- ~- ~W.M- "'- / - ~'- ... ... ... / .'L .'L ~" \iL ~'L 4,.\;1.M.- ~~ ~ ... ... ~.L ~.L ~l.j.J~ .'. Exhibit "A" ~'L .'L ~4JM- ... PLAN VIEW .. SCALE 1" = 30' PROPOSED ENCROACHMENT PRIVA TE PIER FOR DELMAS and KAREN JAMES LOT F. RESUB. OF LOTS 1 THRU 5, BlK. 40, SHADOW LAWN HEIGHTS BEACH DISTRICT VIRGINIA BEACH, VA (REF: 200208203019176) DA TE: JUNE 19, 2003 ..' PROPOSED PIER LAKE RUDEE EXISTING PIER ... ~ LOCATION MAP SHOWING PROPERTY OF / DELMAS AND KAREN JAMES ... LOCATED AT 6 CARIBBEAN AVENUE SCALE: 1" = 100' .' .. ..' ~ CMRIBBEAN.DGN M.).S. PREPARED BY PAY ENG. CADD DEPT. JAN. 27, 2004 - 35- Item V-J.3. ORDINANCES ITEM # 52306 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, AS REVISED: Ordinance to AMEND and REORDAIN H 21-364,21-371 and 21- 440.9 of the City Code re parking violations. The Ordinance was AMENDED to eliminate the increase in penalties re parking meters (Section 21-405) and increases the fine for parking in a space for persons with disabilities to $250 rather than $300 and if payment is not received by the City Treasurer within fourteen (14) days (lines 179 and 180). Voting: 9-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: Richard A. Maddox March 2, 2004 10 11 12 13 14 15 1 2 3 4 5 6 7 8 AN ORDINANCE TO AMEND AND REORDAIN THE VIRGINIA BEACH CITY CODE PERTAINING TO PARKING VIOLATIONS SECTIONS AMENDED: ~~ 21-364, 21-371, AND 21-440.9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: That Sections 21-364, 21-371, and 21-440.9 of the City Code are hereby amended and reordained to read as follows: Sec. 21-364. General parking violation. prohibitions; penalties for (a) No person shall park a vehicle, except when necessary 16 to avoid conflict with other traffic or in compliance with the 17 directions of a police officer or traffic-control device, in any 18 of the following places: 19 (1) Within fifteen (15) feet of a fire hydrant. 20 (2) Within any designated fire lane. 21 (3) At any place so as to block any fire department 22 connection. 23 (4) Within fifteen (15) feet of the driveway entrance to 24 any fire station and, on the side of a street opposite 25 the entrance to any fire station, within seventy-five 26 (75) feet of the entrance, when properly signposted. 27 (5) Within fifteen (15) feet of the entrance to a building 28 housing rescue squad equipment or ambulances, provided 29 such buildings are plainly designated. 30 31 32 33 34 (6) In front of a public or private driveway. (7) Within an intersection. (8) On the roadway side of any vehicle parked at the edge or curb of a street (double parking). (9) Upon any bridge or other elevated structure upon a 35 street or highway or within a tunnel. 36 (10) On the left-hand side of roadway of a two-way street. 37 (11) At any place so as to impede or render dangerous the 38 use of any street or highway. 39 (b) No person shall park a vehicle, except when necessary 40 to avoid conflict with other traffic or in compliance with the 41 directions of a police officer or traffic-control device, in any 42 43 44 45 46 47 48 49 50 51 of the following places: (1) On a sidewalk. (2) On a crosswalk. (3) Within twenty (20) feet of a crosswalk at an intersection; provided, however, that where there is no crosswalk at an intersection, no person shall so park a vehicle within twenty (20) feet from the intersection of curb lines or, if none, then wi thin fifteen (15) feet of the intersection of property lines. 2 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 (4) Within thirty (30) feet upon the approach to any flashing beacon, stop sign or traffic-control signal located at the side of a roadway. (5) Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by official signs or markings. (6) Within fifty (50) feet of the nearest rail of a railroad grade crossing. (7) Alongside or opposite any street excavation or ( 9) obstruction, when such parking would obstruct traffic. At any place where official signs prohibit, reserve or restrict parking. In a residential or apartment district (area), if such vehicle is a commercial vehicle in excess of twenty (20) feet in length and/or seven (7) feet in height. (8 ) This restriction shall not apply to commercial vehicles parked while engaged in the normal conduct of business or in the delivery or provision of goods or services in a residential or apartment district (area) . 3 73 74 75 76 77 78 79 80 81 (10) At any place so as to prevent the use of a curb ramp located on public property or on privately owned property open to the public. (11) At any place, angle parked or perpendicular to a curb, unless street markings permit. (12) On any street or highway or any city parking lot, displaying a sign or lettering indicating that the vehicle is offered for sale or rent. (c) No person shall park on any street or highway, or on 82 any city parking lot, any vehicle which fails to display one (1) 83 or more of the following: 84 (1) A valid state vehicle safety inspection decal. 85 (2) Valid state license plates. 86 (d) (1) When a notice or citation is attached to a 87 vehicle found parked in violation of any provision of 88 this section, the owner of the vehicle may, wi thin 89 fourteen (14) calendar days thereafter, pay to the 90 city treasurer, in satisfaction of such violation, a 91 penalty of fifteen dollaro ($15.00), thirty-five 92 dollars ($35.00), for a violation of any provision of 93 subsection (a) or (c), except (a) (2), or ten dollaro 94 ($10.00) twenty dollars ($20.00) for a violation of 95 any provision of subsection (b), for each hour or 4 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 fraction thereof during which such vehicle was unlawfully parked. Such payment shall constitute a plea of guilty of the violation in question. If such payment is not postmarked or received by the city treasurer within fourteen (14) calendar days after issuance of such notice or citation, the penalty shall be thirty dollilro ($30.00) seventy dollars ($70.00) for a violation of any provision of subsection (a) or (c) of this section, except (a) (2), and t\lcnty dol lorD ($20.00) forty dollars ($40.00) for a violation of any provision of subsection (b) of this section. (2) For violations of subsection (a) (2), the penalty shall be fifty dollars ($50.00) if paid to the ci ty treasurer wi thin fourteen (14) days after the notice or citation is issued, and if payment is not postmarked or received by the city treasurer within fourteen (14) days after issuance of the notice or citation, the penalty shall be one hundred dollars ($100.00). 115 (e) The failure of any owner to make payment in accord 116 with subsection (d) above or present the notice or citation for 117 a violation of this section at an office of the city treasurer 118 for certification to the general district court, within thirty 5 119 (30) days, shall render such owner subject to a fine of not more 120 than fifty dollars ($50.00) in addition to the penalty 121 prescribed by subsection (d). 122 123 124 125 126 Sec. 21-371. Parking in space reserved for persons with disabilities. (a) It shall be unlawful for any person to park any 127 vehicle in a parking space reserved for persons with 128 disabilities that limit or impair their ability to walk, unless 129 such vehicle is displaying disabled parking license plates, an 130 organizational removable windshield placard, a permanent 131 removable windshield placard or a temporary removable windshield 132 placard issued under Code of Virginia, section 46.2-731; or DV 133 disabled license plates issued under Code of Virginia, section 134 46.2-739, subsection B. Spaces reserved for persons with 135 disabilities shall be identified by above grade signs in 136 accordance with the provisions of Code of Virginia, section 36- 137 99.11. The \lors.s, "Hini!Ru!R penalty for violation ~ 1 00.00," !Ray 138 be pontes. on an aeeo!Rpanying oignl provis.ed, hO',lCver, that 139 cffcoti~c July 1, 1998, aAII disabled parking signs shall 140 include the following language: PENALTY, $100--500 Fine, TOW- 141 AWAY ZONE. Such language may be placed on a separate sign and 142 attached below existing above-grade disabled parking signs, 6 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 provided that the bottom edge of the attached sign is no lower than four (4) feet above the parking surface. (b) It shall be unlawful for any person without a disability that limits or impairs his or her ability to walk to park a vehicle with disabled parking license organizational removable windshield placard, plates, an a permanent removable windshield placard or a temporary removal windshield placards in any parking space reserved for persons with disabilities that limit or impair their ability to walk, except when transporting such a disabled person in the vehicle. (c) Any operator of a motor vehicle parked in violation of this section in a parking space reserved for disabled persons on public property or at a privately owned parking area shall be subject to a fine of not more than five hundred dollars ($500.00) and may be issued a summons or parking ticket, without the necessity of a warrant being obtained by the owner of such private parking area obtaining a warrant. (d) When a notice or citation is attached to a vehicle found parked in violation of this section, the owner of the vehicle may, wi thin fourteen (14) calendar days thereafter, pay to the city treasurer, in satisfaction of such violation, a penalty dollars of one hunaEcd dol13ro ($100.00) one hundred fifty shall constitute a plea of Such ($150.00) . payment 7 166 guilty for the violation in question. If such payment is not 167 postmarked or received by the city treasurer wi thin fourteen 168 (14) calendar days of the city after receipt of such notice or 169 violation, the penalty shall be t\IO hundred do11a:ro ($200.00) 170 two hundred fifty dollars ($250.00). The failure of any owner 171 to make payment as prescribed above, or to present the notice or 172 citation for a violation of this section at an office of the 173 city treasurer for certification to the general district court 174 within thirty (30) days shall render such owner, upon conviction 175 of such violation, subject to a fine of not more than five 176 hundred dollars ($500.00). 177 (e) In any prosecution charging a violation of this 178 section, proof that the vehicle described in the complaint, 179 summons, parking ticket, citation, or warrant was parked in 180 violation of this section, together with proof that the 181 defendant was at the time the registered owner of the vehicle, 182 as required by title 46.2, chapter 6 (5 46.2-600 et seq.) of the 183 Code of Virginia, shall constitute prima facie evidence that the 184 registered owner of the vehicle was the person who committed the 185 violation. 186 (f) No violation of this section shall be dismissed for a 187 property owner's failure to comply strictly with the 188 requirements for disabled parking signs set forth in 5 36-99.11 8 189 of the Code of Virginia, provided the space is clearly 190 distinguishable as a parking space reserved for persons with 191 disabilities that limit or impair their ability to walk. 192 (g) The terms "disabled parking sign," "organizational 193 removable windshield placard," "permanent removable windshield 194 placard," "temporary removable windshield placard," and "person 195 with a disability that limits or impairs his ability to walk" 196 when used in this section shall, for purposes of this section, 197 have the meanings respectively ascribed to them in section 46.2- 198 1240 of the Code of Virginia. 199 200 Sec. 21-440.9. Penalties for violation of residential parking 201 restrictions. 202 203 (a) When a notice or citation is attached to a vehicle 204 parked in violation of section 21-440.4, the owner may within 205 fourteen (14 ) calendar days thereafter, pay to the city 206 treasurer, in satisfaction of such violation, a penalty of 207 t-,;enty fi'..e dollaro ($25.00) thirty-five dollars ($35.00). If 208 such payment is not postmarked or received by the city treasurer 209 wi thin fourteen (14) calendar days after receipt of such notice 210 or citation, the penalty therefor therefore shall be fifty 211 dollaro ($5CJ.00) seventy dollars ($70.00). Additionally, any 212 vehicle parked in violation of section 21-440.4 may be towed at 213 the direction of a law enforcement officer. 9 214 (b) The failure of any owner to make payment in accordance 215 with subsection (a) above or to present the notice or citation 216 for a violation of section 21-440.4 at an office of the city 217 treasurer for certification to the general district court within 218 thirty (30) days shall render such owner subject to a fine of 219 not more than fifty dollars ($50.00) in addition to the penalty 220 set forth in subsection (a) above. 221 222 Adopted by the Council of the City of Virginia Beach, 223 Virginia, on the 2nd day of March, 2004. CA-9111 H:\GG\OrdRes\Proposed\2l-364etalsord2.doc R-2 March 2, 2004 10 - 36- Item V-Xl. RESOLUTIONS ITEM # 52307 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Resolution to DESIGNATE the Live Oak Tree (Quercus virginiana) as the official tree for the City of Virginia Beach. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox March 2, 2004 Requested by Vice Mayor Louis R. Jones and Councilmember James L. Wood 1 2 3 A RESOLUTION DESIGNATING THE LIVE OAK AS THE OFFICIAL TREE OF THE CITY OF VIRGINIA BEACH, VIRGINIA 4 WHEREAS, the live oak tree, known scientifically as Quercus 5 virginiana, is native to the City of Virginia Beach and is located 6 at the northernmost limit of its natural range within the City; 7 WHEREAS, the live oak tree is an indicator plant species for 8 the maritime forest ecosystem, which historically existed in areas 9 of the City of Virginia Beach in close proximity to the Atlantic 10 Ocean and Chesapeake Bay shorelines; 11 WHEREAS, the maritime forest ecosystem type and live oak trees 12 associated within them is considered a globally rare ecosystem due 13 to the intense development pressure upon this unique coastal 14 habitat; 15 WHEREAS, the live oak tree is recognized as a tree with many 16 exemplary characteristics, including tenacity and survivability in 17 harsh conditions, resilience to wind and saltwater spray, 18 durability and strength of its wood, dense foliage and bountiful 19 shade, high value acorn crop as food for many wildlife species, 20 noble and evergreen appearance with massive horizontal branches and 21 spreading shape, and a lifespan averaging several hundred years; 22 and 23 WHEREAS, the live oak tree is one of the most distinctive and 24 recognizable plants found naturally in the City of Virginia Beach, 25 and the live oak tree is frequently associated with the City's 26 recognition and reputation as a coastal community which strives to 27 safeguard its abundant natural resources. 28 NOW, THEREFORE , BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 That the Official Tree of the City of Virginia Beach, Virginia 31 is hereby designated as the live oak, known scientifically as 32 Quercus virginiana; 33 That the City shall make a special effort to protect, enhance 34 and restore specimens of the live oak tree where it is found 35 growing on City property, or where site conditions are favorable to 36 allow for its reintroduction, and shall encourage the protection, 37 enhancement and restoration of live oak tree specimens on private 38 property within the City; 39 That funds from the Tree Restoration - Shore Drive Area Trust 40 Fund shall be earmarked to help protect, enhance and restore 41 specimens of the live oak tree within the boundaries of the Shore 42 Drive Corridor Zoning Overlay District, as set forth in Appendix A 43 of the City Code; and 44 That the Department of Planning, in conjunction with other 45 City agencies, shall maintain an inventory of known specimens of 46 live oak trees on City property, to be augmented with information 47 provided by volunteers of known specimens of live oak trees on 48 private property, in order to help promote the protection, 2 49 enhancement and restoration of the live oak tree species within the 50 City of Virginia Beach. 51 Adopted by the Council of the City of Virginia Beach, 52 Virginia, on the 2nd day of March , 2004. CA-9128 H:/OID/ordres/liveoakres.wpd R-2 February 13, 2004 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: U.f9 ,p- ?-IJ-O( Plannlng Department /;Jr!j~ jlf;!!~ City Attorney's Office 3 - 37- Item V-K.2a. RESOLUTIONS ITEM # 52308 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Resolution referring to the Planning Commission proposed amendments to the City Zoning Ordinance (CZO): a. S 401 re bulk storage of earthen minerals as a conditional use in AG-l and AG-2 Agricultural Zoning Districts. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox March 2, 2004 REQUESTED BY COUNCILMEMBER JIM REEVE 1 A RESOLUTION REFERRING TO THE PLANNING 2 COMMISSION PROPOSED AMENDMENTS TO THE CITY 3 ZONING ORDINANCE ALLOWING BULK STORAGE OF 4 EARTHEN MINERALS AS A CONDITIONAL USE IN 5 AGRICULTURAL ZONING DISTRICTS 6 7 WHEREAS, the public necessity, convenience, general welfare 8 and good zoning practice so require; 9 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 There is hereby referred to the Planning Commission, for its 12 consideration and recommendation, proposed amendments to Section 13 401 of the City Zoning Ordinance, allowing bulk storage of earthen 14 minerals as a conditional use in Agricultural Zoning Districts. A 15 true copy of such proposed amendments is hereto attached. 16 17 Adopted by the City Council of the City of Virginia Beach, 18 Virginia, on the 2 day of March , 2004. CA-9130 OID\ordres\cz0401res.docR-1 February 17, 2004 APPROVED AS TO LEGAL SUFFIc;.JENCY: t(J~fV!1 City Attorney's 0 fice REQUESTED BY COUNCILMEMBER JIM REEVE 1 AN ORDINANCE TO ALLOW BULK STORAGE OF EARTHEN 2 MINERALS AS A CONDITIONAL USE IN AGRICULTURAL 3 ZONING DISTRICTS 4 5 Section Amended: City Zoning Ordinance S 401 6 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That Section 401 of the City Zoning Ordinance is hereby 11 amended and reordained to read as follows: 12 ARTICLE 4. AGRICULTURAL DISTRICTS 13 Sec. 401. Use regulations. 14 (a) Principal and conditional uses. The following chart lists 15 those uses permitted within the AG-l and AG-2 Agricultural 16 Districts. Those uses and structures in the respective agricultural 17 districts shall be permitted as either principal uses indicated by 18 a "Po or as conditional uses indicated by a "C." Uses and 19 structures indicated by an "X" shall be prohibited in the 20 respective districts. No uses or structures other than as specified 21 shall be permitted. 22 Use AG-l AG-2 23 24 25 26 27 28 29 30 31 Bulk storage of earthen minerals such as sand, gravel, crushed stone and quarried rock; provided that no on-site processinq or disposal shall be allowed C C 32 33 COMMENT 34 The proposed amendment allows bulk storage of earthen minerals as a conditional use in 35 the AG-l and AG-2 Agricultural Zoning Districts, but prohibits on-site processing or disposal of 36 such materials, 37 38 39 Adopted by the City Council of the City of Virginia Beach, 40 Virginia, on this day of , 2004. CA-9l27 OID/ordres/proposed/czo40lord.doc R-l February 17, 2004 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office - 38- Item V-K.2b. RESOLUTIONS ITEM # 52309 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council DEFERRED, until the City Council Session of March 23, 2004: Resolution referring to the Planning Commission proposed amendments to the City Zoning Ordinance (CZO): b. H 250,251,252 and253 to repeal the Open Space Promotion option. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Jim Reeve, Peter w: Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox March 2, 2004 - 39- Item V-L. PLANNING ITEM # 52310 I. KENNETH A. HALL CHANGE OF ZONING CONDITIONAL USE PERMIT March 2, 2004 - 40- Item V-L.1. PLANNING ITEM # 52311 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED Ordinances upon Application of KENNETH A. HALL for a Change of Zoning and Conditional Use Permit: ORDINANCE UPON APPLICATION OF KENNETH A. HALL FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 1-] TO B-2 Z0204118] BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Kenneth A. Hall for a Chanf!e of Zoninf! District Classification from I-] Light Industrial District to B-2 Community Business District on property located at 3500 Holland Road. The Comprehensive Plan identifies this site as being within the Primary Residential Area. (GPINS 14867355]90000; ]4867337890000). DISTRICT 3 - ROSE HALL ORDINANCE UPON APPLICATION OF KENNETH A. HALL FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES AND SERVICE R030431164 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Kenneth A. Hall for a Conditional Use Permit for motor vehicle sales and service on property located at 3500 Holland Road (GPINS 14867355]90000; ]4867337890000). DISTRICT 3 - ROSE HALL The following conditions shall be required: ]. The site shall be developed substantially in accordance with the submitted preliminary site plan titled "Proposed Additional Vehicle Inventory Parking for Hall Mitsubishi of Virginia Beach ", prepared by John E. Sirine and Associates, Ltd., and dated 9/] 5/03. Said plan has been exhibited to the City Council of the City of Virginia Beach, and is onfile in the City of Virginia Beach Planning Department. 2. A solid wooden fence shall be installed along the inside border of the required] 5-foot landscape buffer between this use and the adjacent residential areas. Category VI screening shall be installed within the buffer area. March 2, 2004 - 41- Item V-L.J. PLANNING ITEM # 52311 (Continued) 3. The applicant shall submit a site lighting plan with the site plan for review by Staff. All lighting fixtures shall be designed to prevent any direct reflection and / or glare toward adjacent uses and City streets. Lighting shall be directed at the ground and not out horizontally or toward the sky. Outdoor lightingfixtures shall not be erected any higher than 14 feet. 4. No outdoor loudspeaker paging system shall be permitted. 5. There shall be no parking of vehicles within the 30-foot ingress /egress easement that runs from Holland Road to the boundary of the subject site with the adjoining property to the southwest. 6. There shall be no pennants, streamers, balloons, portable signs or banners displayed on the site or the vehicles. 7. Vehicles shall be parked within the designated areas, and no vehicles shall be parked or displayed within any portion of any public right-of way or in any landscaped area. No vehicles shall be displayed on ramps. Vehicles shall not be used as barriers to prevent ingress or egress of the site. Storage of vehicles awaiting sale shall not obstruct Fire Department access to the site. These Ordinances shall be effective in accordance with Section 107 (0 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Second of March, Two Thousand Four Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox March 2, 2004 - 42- Item V-M.l. APPOINTMENTS ITEM # 52312 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BOARD OF BUILDING CODE APPEALS - (a}Plumbing/Mechanical (b}Building Maintenance COMMUNITY POLICY and MANAGEMENT TEAM - CSA AT-RISK YOUTH FRANCIS LAND HOUSE BOARD OF GOVERNORS HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE - HREDA HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD OPEN SPACE COMMITTEE PARKS AND RECREATION COMMISSION RESORT ADVISORY COMMISSION March 2, 2004 - 43- Item V-M.2. APPOINTMENTS ITEM # 52313 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Luiz Rivera 2 year term 06/30/2003 - 05/31/2005 MINORITY BUSINESS COUNCIL Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox March 2, 2004 - 44- Item V-M.3. APPOINTMENTS ITEM # 52314 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Rosemary Wilson 1 year term 04/01/2004 - 03/31/2004 PLANNING COUNCIL Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox March 2, 2004 - 45- Item V-M.4. APPOINTMENTS ITEM # 52315 Upon NOMINA TION by Vice Mayor Jones, City Council APPOINTED: Mary D. McGovern Unexpired term thru 08/31/2006 PUBLIC LIBRARY BOARD Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox March 2, 2004 - 46- Item V-M.5. APPOINTMENTS ITEM # 52316 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: George G. Chafee, Jr. Unexpired term thru 06/30/2006 TIDEWATER REGIONAL GROUP HOME COMMISSION Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox March 2, 2004 - 47- Item V-Po ADJOURNMENT ITEM # 52317 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:08 P.M. /7? ~ {J. )(4,/....) ~-------------------- Beverly O. Hooks, CMC Chief Deputy City Clerk Ruth Hodges Smith, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia March 2, 2004 - 47_ Item V-P. ADJOURNMENT ITEM#52317 Mayor Meyera K Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:08 P.M Beverly O. Hooks, CMC Chief Deputy City Clerk lr •uth Hodges Smith, MMC Meyera E. Oberndorf City Clerk Mayor City of Virginia Beach Virginia March 2, 2004