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HomeMy WebLinkAboutMARCH 9, 2004 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" MA YOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bays ide - District 4 HARRY E. DIEZEL Kempsville - District 2 MARGARET L. EURE, Centerville - District 1 REBA S. McL'LANAN, Rose Hall- District 3 RICHARD A_ MADDOX, Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER W. SCHMlDT, AI-Large RON A. VILLANUEVA, Al-wrge ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL CITY COUNCIL AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 23456.8005 PHONE.'(757) 427.4303 FAX(757) 426.5669 E-MAIL: Ctycncl@vbgov.com CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CiTY CLERK - RUTH HODGES SMrrH, MMC 9 March 2004 SPECIAL NOTICE: EMERGENCY RESPONSE SYSTEM TUESDAY, MARCH 9 -10:00 A.M. TO 12:00 NOON ADVANCED TECHNOLOGY CENTER - ROOM H170 ** Return to City Hall** 1. CITY MANAGER'S BRIEFINGS Conference Room 1:00 P.M. A. DREDGING MEANS, METHODS and PROGRAMS Dean Block, Director, Department of Public Works B. LASKlN ROAD GA TEW A Y Dean Block, Director, Department of Public Works C. SIDEWALK CAFES Mike Eason, Resort Services Coordinator, Convention and Visitor's Bureau D. PARKS AND RECREATION STRATEGY Cindy Curtis, Director, Department of Parks and Recreation E. STRIVING FOR EXCELLENCE REPORT James K. Spore, City Manager II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. 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 V. FORMAL SESSION Council Chamber 6:00 P.M. A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Charles Moseley Pastor, Oak Grove Baptist 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. INFORMAL AND FORMAL SESSIONS March 2, 2004 G. AGENDA FOR FORMAL SESSION H. MAYOR'S PRESENTATION - PROCLAMATION IN RECOGNITION "HAMPTON UNIVERSITY DAY" I. PUBLIC HEARING EXCESS CITY-OWNED PROPERTY - Frost Road and Smokey Road J. CONSENT AGENDA K. ORDINANCES/RESOLUTION 1. Ordinance to AMEND 99 35-143, 35-165 and 35-191 of the City Code re City Treasurer adding a penalty for late remittance of admission, meal and lodging taxes to conform to 9 58.1-3916 of the Virginia Code. 2. Ordinance to declare EXCESS PROPERTY on a parcel of land at Frost Road and Smokey Road; and AUTHORIZE the City Manager to convey this property to Ronald J. Raymo. (DlSTRICT 4 - BA YSIDE) 3. Ordinance to AUTHORIZE a temporary encroachment into Mill Creek by REGINA M. BUHRMAN to allow an existing wooden pier and proposed stone rip rap at 2901 Sandpiper Road. (DlSTRICT 7 - PRINCESS ANNE) 4. Ordinance to ESTABLISH two new Capital Projects and APPROPRIATE $707,278 in FY 2001-02 School Reversion Funds re School Bus Facility Renovation and Expansion AND TRANSFER $75,000 to High Schools Addition Study. 5. Ordinances to APPROPRIATE: a. $250,410 to the Beach/Major Events program ofthe Tourism Growth and Investment Fund's (TGIF) FY 2003-04 budget re Oceanfront Entertainment b. $190,540 re Parks and Recreation's lease-purchase of cardiovascular exercise machines and TRANSFER $23,178 within the Department's budget for acquisition of recreation equipment c. $58,953 from the sale of weapons to Police Officers to the Police Department's 2003-04 budget for purchase of replacement service weapons d. $10,000 donation from Charles Barker Champions for Charity to the Police Department's FY 2003-04 budget re expansion of the Drunk Driving (DUI) Education Program e. $10,046 in State Funds and $25,887 in Gift Funds to the Department of Mental Health, Mental Retardation and Substance Abuse Services (MHMRSA) FY 2003-04 Operating Budget re Day Support Services, Infant Services and Skill Quest Programs 6. Resolution to amend Resolution 3028 establishing the TASK FORCE ON LAND USE IN AIR INSTALLATIONS COMPATIBLE USE ZONES (AICUZ) to increase their membership to six (6). L. PLANNING 1. RECONSIDERATION: applications ofF. DONALD REID at 3592 Indian River Road: (DISTRICT 7 - PRINCESS ANNE) a. Variance to S 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) and to allow a forty-five (45) foot lot subdivision with open space and walking trails in the Transition Area b. Chanf!e ofZoninf! District Classification from AG-I and AG-2 Agricultural Districts to Conditional R20 Residential District c. Conditional Use Permit re Open Space DEFERRED: DEFERRED INDEFINITELY: APPROVED SCHEDULED ADVERTISING FOR RECONSIDERATION APPLICANT REQUESTS DEFERRAL TO December 2,2003 for Sixty (60) days September 23, 2003 February 10, 2004 February 17. 2004 March 23,2004 2. Application of NORTH LANDING DEVELOPMENT, L.L.C. requesting MODIFICATION of Proffers I and 3 for a Conditional Change of Zoning at 2484 North Landing Road. (DISTRICT 7 ~ PRINCESS ANNE) APPROVED BY COUNCIL RECOMMENDATION: February 8, 1994 APPROVAL 3. Application of VIRGINIA BEACH FREEWILL BAPTIST CHURCH for a MODIFICATION of a Conditional Use Permit to allow 139 children at a Day Care Center at 210 South Witchduck Road (DISTRICT 2 - KEMPSVILLE) APPROVED BY COUNCIL RECOMMENDATION: September 9, 2003 APPROVAL 4. Application of KRAMER RED MILL #20 L.L.C. for a Conditional Use Permit re automobile repair at Nimmo Parkway and Upton Drive. (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: APPROVAL 5. Application of SHORELINE INVESTMENTS, L.L.C. for a Conditional Use Permit re used automobile sales at 5409 and 5417 Virginia Beach Boulevard. (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION: APPROVAL 6. Application of CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY for a Chanf!e ofZoninf! from B-3 Central Business to Conditional B-3A Pembroke Central Business Core District at Garrett Drive and Columbus Street. (DISTRICT 5 - L YNNHA VEN) RECOMMENDATION: APPROVAL M. APPOINTMENTS BOARD OF BUILDING CODE APPEALS - (a)PlumbinglMechanical (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 MINORITY BUSINESS COUNCIL OPEN SPACE COMMITTEE PARKS and RECREA nON COMMISSION PUBLIC LIBRARY BOARD 1. Amend Virginia Beach Code Section 17-3 2. Change Membership to reflect two (2) Students 3. Add a Representative of the Schools to the membership RESORT ADVISORY 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 03/09/04st www.vbgov.com MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 9 March 2004 Charles W. Meyer, Chief Operating Officer, called to order the CITY COUNCIL and EMERGENCY MEDICAL RESPONSE SYSTEM ROUNDTABLE DISCUSSIONS in the Theater of the Advanced Technology Center, March 9, 2004, at 10:00 A.M. Council Members Present: Harry E. Diezel, Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Mayor Meyera E. Oberndorf [Entered: 10:12 A.M.} Jim Reeve [Entered: 10:20 A.M.] City Staff Present: James K. Spore, City Manager Charles W. Meyer, Chief Operating Officer Susan Walston, Chief of Staff David Sullivan, Chief Information Officer Steven Thompson, Chief Financial Officer Bruce Edward" Chief-Emergency Medical Services Gregory Cade, Chief-Fire Department Barry Shockley, Administrative Services Manager Joanne Moore, Organization Development Coordinator Kathy Hevey, Organization Development Coordinator Betty Wade Perry, Organization Development Coordinator Emma Inman - Media and Communications Manager Barbara Morrison, Media Specialist 1I Press: David Allen, Reporter - Channel 13 '.'~---~-r-----'-"'-'-""- . - 2- EMERGENCY MEDICAL RESPONSE ROUNDTABLE DISCUSSION 10:00 A.M. ITEM # 52318 Charles W. Meyer, Chief Operating Officer, welcomed the participants (City Council and Emergency Response System selected representatives) to the ERS Roundtable discussions. The City Council requested an opportunity to speak directly to the Emergency Response System (ERSJ service providers. A proposal was presented to the City Council during their February 17, 2004, Retreat. The purpose of the Roundtable was to allow City Council dialogue with the service providers. Fire, Safety, Emergency Medical Service Volunteers and Public Service Dispatchers were asked to participate in the discussion. Approximately seventy seventy-five (75) individuals indicated their willingness to participate. The participants were selected randomly and divided among four (4) tables. Twenty (20) participants were selected from the Emergency Medical Response System representatives: Emergency Medical Services: Eightparticipants (8): Davis Corner Rescue Squad - EMT Bob Matthews, Paramedic Armand Rubbo, Paramedic Sharon Henley; Courthouse Rescue Squad - EMT Robin Helfant; Kempsville Rescue Squad - Paramedic Kathleen Budy, Cardiac Technician Steve Coco, Paramedic John Fusco; Virginia Beach Rescue Squad - EMT Randy Pugh. Fire: Eight participants (8): Captain Greg Benshoff, Captain William A. Bucket, Master Firefighter Glenn Burnett, Captain Donna Glover, Firefighter Manuel Gonzalez, Master Fighter Ned Lowery, Captain Stan Morse, Master Firefighter Pat Tache' Public Safety Dispatcher: Four participants (4): Melissa Andrews, Barbara Garvin, Elizabeth Harris and Sandra O'Brien Joanne Moore, Organization Development Coordinator, advised, after the small group discussion, reports would be providedfrom a Reporter selected by each respective table. After the "Reports ", there would be large group discussions. The City Manager, Chief Operating Officer, Chief of Staff and Chief Information Officer, will record pertinent thoughts at each table. Facilitators were located at each table' . Table #1 Council Lady Reba McClanan Councilman Ron Villanueva David Sullivan Betty Wade Perry' Table #3 Councilman Harry Diezel Councilman Richard Maddox Councilman Jim Reeve James K. Spore Joanne Moore' Table #2 Vice Mayor Louis Jones Council Lady Rosemary Wilson Councilman James Wood Susan Walston Barry Shockley' Table #4 Mayor Meyera E. Oberndorf Council Lady Margaret Eure Councilman Peter W. Schmidt Charles Meyer Kathy Hevey' March 9, 2004 - 3 - EMERGENCY MEDICAL RESPONSE ROUNDTABLE DISCUSSIONS ITEM # 52318 (Continued) The representative Reporter for each table outlined the issues: Councilman Villanueva - Table #1: Create an Emergency Response System (ERS) Task Force (most important facet) to continue dialogue Define the problem Discussion of efficiency Improve communication and interaction among departments, agencies, staff and the City government. Organization Additional resources necessary Allow Fire Department to practice Shock Trauma skills Improved public education on utilization of the emergency system i.e. City's Webpage Place 28 new paramedics on ambulances - - not zone cars Driver-only ambulances Add Medical Director Additional incentives for Volunteer recruitment, i.e. per diem expense for meals, "free" Recreation Center card Councilman Wood - Table #2 Education of public due to abuse of 911 system Dispatch fire engine to every Priority One call Better leadership working together (Personnel at field level work well together, 90-98%) No common ground relative merger (EMS might lose Volunteers) Public Safety Director serve both departments Add second Medical Director for Fire Department Utilize Shock Trauma from the fire trucks Change Policies (involve no funds) Send Engine Companies to all Code One calls Utilize Fire Department Shock Trauma skills Allow Fire Fighter Paramedics to practice off the engines (as opposed to zone cars) Concurred with placing 28 new Paramedics on ambulances - - not zone cars Councilman Reeve - Table #3 Manned ambulances (begin with eight (8) and keep track re locations and number) Advanced Life Support (ALS) providers in ambulances (Volunteers having the expertise to provide quality care to the patient) Change of command issue - risks in control, streamlined approach necessary City-wide recruitment of volunteers Public Education Improved public education on utilization of the emergency system February 24, 2004 - 4- EMERGENCY MEDICAL RESPONSE ROUNDTABLE DISCUSSIONS ITEM # 52318 (Continued) Councilman Schmidt - Table #4 Good communication at Care-Provider level; however, sometime breakdown in communication at the top (BaUalion or Brigade Chief level) Cultural differences exist Discussion relative ALS providers in zone cars or ambulances ALS fire providers, serving dual purpose, by working off the fire engines (respond to fire and heart aUack) Respond to one call at a time, fire Paramedic, as part of the continuum of care should be able to take the patient to the hospital (Paramedic skills are perishable) Computer-aided dispatch corrected to dispatch engines with ALS providers that are closer to the scene Defibrillators in Police cars New hires in the Fire department with some level of advanced medical training at Shock Trauma level (entails 16 week training) Hiring 28 neW Emergency Medical Paramedics The dispatcher issue was referenced relative salary. The dispatchers are very dedicated, if they are rotated around the floor, their ability to manage the Emergency Medical or Fire call diminishes. Recruitment of dispatchers should also be reviewed. Charles Meyer expressed appreciation to the participants. In December, the City Council received the City Manager's recommendation relative a plan to upgrade the Emergency Response System (ERS). In the interim, an Emergency Response Team Executive Committee was established under the direction of Charles Meyer. Since December, this Committee has been meeting relative the various tash: Establish recommendations re ERS to the FY 2004-2005 Resource Management Plan (Budget) Data management (issue of one consistent system of data measurement and language re response time) Integrate cultural differences, which make the challenge of implementing ERS daunting Establish implementation plan i.e. incident command control- responsibility The Roundtable Discussions concluded at 11:43 P.M. March 9, 2004 - 5- C IT Y MANA G E R 'S B R IE FIN G LASKIN ROAD GATEWAY 1:00 P.M. ITEM # 52319 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING re LASKIN ROAD GATEWAY in the City Council Conference Room, City Hall, on Tuesday, March 9, 2004, at 1:00 P.M. Council Members Present: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve. Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None March 9, 2004 - 6- CITY MANA GER 'S BRIEFING LASKIN ROAD GATEWAY ITEM # 52319 (Continued) Due to an electronic malfunction, the Laskin Road Gateway Briefing was moved forward prior the Dredging Means, Methods and Programs presentation. E. Dean Block, Director of Public Works, advised the purpose and project objectives of the Laskin Road Gateway, CIP 2-076: Major Gateway to the Oceanfront Create Pedestrian Friendly atmosphere Upgrade aesthetics and increase landscaping Increase traffic capacity and improve traffic flow A new corridor is being created. (30'h and 31" Street). 3 (fh Street First phase of construction Maintain existing 60' right-of-way/expand to 70'* with private development Two (2) lanes eastbound, one lane westbound No on-street parking Continuation of Ocean Walk Aesthetic upgrades and increased landscaping 'Seventy-foot (70~ right-oj-way is depicted in the Master Street and Highway Plan Mr. Block displayed Illustrative Design Concepts of the Plan: Prototypical Redevelopment and Corridor Redevelopment. Street lights, signal poles and pedestrian lighting will be the same design appearing on Atlantic Avenue and the Boardwalk to continue the theme on 3(fh and 31" Streets. Mr. Block referenced the crosswalk treatments in the intersections to assist in "breaking up" and providing different textures. Traffic signals will be retained to facilitate pedestrian crossing. These will be located at both Arctic and Baltic, as well as Pacific Avenues. The illustration depicts a building, which will vary in height, landscaping the narrowing of three (3) traffic lanes to a minimal level of eleven (II) feet. Opportunities of an additional five (5) feet on either side of the traffic lanes provide a very nice walking area. 31" Street Second phase of construction, includes Laskin Road Phase II, CIP 2-165* Expand right-of-way to eighty-eight (88) feet Two-lanes westbound, one lane eastbound Limited on-street parallel parking Aesthetic upgrades and increa,.ed landscaping March 9, 2004 - 7- C IT Y MANA G E R 'S B R IE FIN G LASKIN ROAD GATEWAY ITEM # 52319 (Continued) 'Laskin Road Phase II runs from Oriole Drive and splits at Farm Fresh. It is funded by the Virginia Department of Transportation (VDOT), but administered by the City. The Gateway Project is a 100%funded City project. These two (2) projects shall be bid together. By acquisition ojforty-four (44) feet on each side of the road, the right-of-way shall be expanded to eighty-eight (88) feet. The 31" Street Corridor illustrative design concept plans depicted more separation between the pedestrian and the curb line. The extensive utilization of raised planters close the curb, particularly on 30'h Street, is being viewed to provide a sense of space between the pedestrian and automobiles. From the curb to the back of roadway is about eighteen (18)feet. Gateway Treatments Create feeling of "Arrival" Beginning of enhanced upgrades Enhanced aesthetics at Little Neck Creek to create "Bridge" effect Mr. Block displayed the illustrative design Concept Plans: 31" Street Gateway and Corridor Redevelopment at Little Neck Creek Crossing. These designs reflect a Pavilion structure on the water and a boardwalk affect along the edge of the street. The see-through wall and barrier creates a bridge effect. Gateway Crossing signature entry pylons provide the Oceanfront theme. One-Way Pairing Why discuss? Not simply about traffic flow Goals/Vision Growth in tourism Access for residents Healthy neighborhoods Redevelopment New gateways New attractions/venues BRT(Bus Rapid Transit)/trolleys/pedestrian-friendly areas Transportation - Where does it flt? March 9, 2004 - 8- C IT Y MAN AGE R 'S B R IE FIN G LASKIN ROAD GATEWAY ITEM # 52319 (Continued) One-Way Pairing (Continued) Virginia Beach is a "Drive - To" City Bring people to the oceanfront, park, then use transit Current traffic system is dysfunctional Over congested/inefficient Unattractive streets Limits of transit System not flexible Does not support goals More cars are coming Challenge: Design traffic management systems to support vision while providing capacity and flexibility Dedicated transit lanes Calm traffic through design Recognize budget limitations Minimize asphalt/improve aesthetics Adequate parking close-in Support gateways Encourage redevelopment Mr. Block displayed the illustrative design concept plan depicting a one-way pairing traffic pattern option at 3I" Street Gateway, Corridor Redevelopment and Little Neck Crossing. Future Steps Public meeting on 30'h Street - Spring 2004 Right-of-way acquisition, private utility relocations and environmental permit coordination - Ongoing Anticipated construction completion for 3(fh Street - Summer 2005 Anticipated construction start for 31" Street - Fall 2005 All utilities (power lines) will be placed underground. Mr. Block advised relative stakeholders, ajoint presentation was made to the Resort Advisory Commission (RAC) Transportation and Planning and Design Subcommittees. The RAC Transportation Subcommittee voted 6-0 with three (3) Abstentions to support a one-way system. March 9, 2004 - 9- C IT Y MANA G E R 'S B R IE FIN G LASKIN ROAD GATEWAY ITEM # 52319 (Continued) Last week, this same presentation was made to the entire Resort Advisory Commission. There were two votes: Approve the concept but delay action related to the one-way pairing. (FAILED: 7-6) Approve the one-way pairing (APPROVED: 8-0 with five (5) Ab..tentions) Relative the 1, OOO-car garage, the one- way would be a better method to handle all these cars, if they exit at one time. Concerning displacement of businesses, Mr. Block advised there will possibly be one (1) business displaced on 30th Street at the curve and intersection of Baltic. None of the buildings along 31" Street will be taken. A new corridor is being created. A one-way system with a dedicated bus lane would work. Issues of other one-way situations in the entire Resort Area are beyond the scope of this particular project. The proposed sidewalks at 3(j' Street are eighteen (18) feet wide from the back of the curb. The City Manager advised some of these issues are now being reviewed with the Bus Rapid Transit (BRT) feasibility study, which should be completed within the next month. Both concepts shall be detailed during the Public Meeting process scheduled for Spring 2004. March 9, 2004 - 10- CITY MANA GER 'S BRIEFING DREDGING MEANS, METHODS AND PROGRAMS I :45 P.M. ITEM # 52320 E. Dean Block, Director of Public Works, discussed the City's Dredging Programs. The goal from the Leader's Guide goals is simply to provide background information concerning dredging. This is one (jf several presentations and policy reports to be receivedfrom Public Work~ over the next sixty (60) to ninety (90) days. Leader's Guide 2003-2004 Goal 2: Upgraded Waterways and Water quality Objectives Objective I: Higher Recreational Water quality Objective 5: Improved Boating Use of Waterways Actions 2003-2009 Lynnhaven River Dredging Project: Spoil city City Dredging Policy Dredging is the moving of material from one sub-aqueous location to another location or disposal area. Typically three (3) types of material are dredged: sand, silt and clay. Dredging is often necessary to clear material that impedes navigation or passage of storm water. Three (3) methods of Dredging Hydraulic Pipeline Mechanical Hopper Hydraulic Pipeline dredging is simply sucking up the material from the bottom and pushing it out to another location (vacuum and push). Mechanical dredging is a scoop and transfer process. Hopper dredging is simply aform of Hydraulic dredging. The material is vacuumed up, placed in a Hopper and transferred to the appropriate disposal site. Hydraulic Pipeline dredging is best suitedfor large scale channel navigation and storm water facility dredging. For a number of reasons, this is ofien not possible. This is a floating pump. The critical issue is the availability and management of a suitable disposal area. Mechanical dredging is used extensively in navigational and storm water facility dredging. This is generally the second choice method, as the method of dredging is less efficient, but often necessary. The dredged material is scooped and then has to be barged and transferred by truck to the appropriate disposal area. Mechanical dredging becomes more important as the disposal sites become limited. Mechanical dredging utilizes standard equipment, lower cost to mobilize and is best suited for small scale projects. March 9, 2004 -11- C IT Y MANA G E R 'S B R IE FIN G DREDGING MEANS, METHODS AND PROGRAMS ITEM # 52320 (Continued) The classic Big Beach and Sandbridge are examples of Hopper dredging. Hopper dredging involves open water applications. Sand (5, 000 to 6,000 cubic yards) is brought back, transported in the hopper to a pump- out buoy and deposited on the Beach. Hopper dredges come in many different sizes; however, the Currituck (Hopper Dredge) can only move 300 cubic yards at a time. The Hopper Boats for Big Beach could move 600 yards at a time. There are four common forms of disposal: Beach Nourishment, Borrow Pit Filling, Confined Upland Disposal and Open Water Placement. All of these methods are utilized in Virginia Beach. Environmental Permitting City's dredging program involves three (3) permits: US. Army Corps of Engineers Virginia Marine Resources Commission Virginia Department of Environmental Quality Often requires National Environmental Protection Act studies and documentation Environmental Assessment (EA) Environmental Impact Statement (EfS) Typical pre-issuance study and review period in excess of two (2) years There is general support for dredging by adjacent landowners and waterway users, but general opposition for disposal. Funding Federal Participation Competition for Local Funds Other Sources City's Dredging Program All three (3) methods utilized Two (2) inlets with beach placement (Lynnhaven and Rudee Inlet) Use of Hopper dredges for large scale beach repleni.~hment Storm Water Facility Maintenance (restoring capacity (jf Storm Water facilities for both water quantity and quality management) Series of inland waterways are also maintained: Eastern and Western Branches of the Lynnhaven, Long Creek Canal, Long Creek, Crab Creek, Broad Bay, The Narrows, and Rudee Inner Harbor Support of Ancillary Dredging Projects March 9, 2004 -12 - C IT Y MANA G E R 'S B R IE FIN G DREDGING MEANS, METHODS AND PROGRAMS ITEM # 52320 (Continued) Storm Water Facility Maintenance is generally performed by mechanical means as there is no site readily available Summary of Current Dredging Programs Project Project Type Method Material Disposal Area Big Beach Beach Nourishment Hopper Sand Resort Beach Sandbridge Beach Nourishment Hopper Sand Sandbridge Beach Rudee Inlet Inlet Maintenance Hydraulic Sand Resort Beach (lst-12th Streets) Rudee Inlet Inner Inlet Waterway Hydraulic Silt/Clay Lake Rudee and Wesley Harbor Maintenance L ynnhaven Inlet Inlet Maintenance Hydraulic Sand Ocean Park and other Bay Beaches Western Branch - Inland Waterway Hydraulic! Silt/Clay Undefined Lynnhaven Inlet Maintenance Mechanical Silt/Clay Landfill II Eastern Branch - Inland Waterway Hydraulic! Silt/Clay Undefined L ynnhaven River Maintenance Mechanical Silt/Clay Landfill II Long Creek Inland Waterway Hydraulic Sand/Silt Maple Street Site Maintenance Long Creek Canal Inland Waterway Hydraulic Sand/Silt Maple Street Site Maintenance Crab Creek Inland Waterway Mechanical Sand/Silt Lynnhaven Dredge Disposal Maintenance Site Broad Bay Inland Waterway Hydraulic Sand/Silt Maple Street Site Maintenance The Narrows Inland W:aterway Hydraulic Sand First Landing State Park Maintenance Stormwater Stormwater Hydraulic! Silt/Clay/Sand Identified case by case Management Facilities Management Facility Mechanical Silt/Clay/Sand Landfill II Maintenance Ancillary Channels Private Waterway Hydraulic! Silt/Clay Undefined Maintenance Mechanical Silt/Clay Landfill II March 9, 2004 - 13- C IT Y MAN AGE R 'S B R IE FIN G DREDGING MEANS, METHODS AND PROGRAMS ITEM # 52320 (Continued) Mr. Block referenced the dredging program in the Eastern Branch of the Lynnhaven River (1990). There were eighteen (18) ancillary channels dredged at the same time. These channels piggy-backed on the City's pipeline and utilized the same disposal site to the maximum capacity of that site. The dredging of the Western Branch of the Lynnhaven River also encompassed some ancillary channels with the Northern Twin Lakes used as the disposal site. The ancillary channels were piggy-backed on the City contract, using the same pipeline and disposal areas. Individual projects are normally done by mechanical method with disposal on city,furnished disposal area (Landfill II -City View Mountain) Outstanding Issues Dredged material disposal for: Eastern and Western Branches of the Lynnhaven River Ancillary Projects Funding Challenges Next Steps Comprehensively identify and evaluate disposal option: Real Estate ownership Dredge material Hauling/Pumping distances Adjacent land uses Environmentalfactors Develop Policy Options for Ancillary Channels Funding Update Mr. Block is unaware of issues concerning internal canal systems in Sandbridge which were inundated with over-wash from the ocean and sand buildup. Concerning the southern bodies of water i.e. West Neck Creek and other major canal systems, these are issues to be addressed as part of the Stormwater Management program. Mr. Block will research the issue of the Sandbridge canals. There are approximately ninety (90) landowners who have contributed $20,000 each to pay for their dredging in Church Point and Thoroughgood. There is a request in the Capital Improvement Program (CIP) for funding which will allow the purchase of South Twin Lakes as a spoil site. The Virginia Department of Transportation (VDOT) is comfortable with some use of the South Twin Lakes; however, they are unwilling to sell. Council Lady Wilson advised Wayne McClesky has an island in the River and this has been suggested as a spoil site. Discussion with Fort Story re a potential spoil site was suggested. March 9, 2004 - 14- C IT Y MANA G E R 'S B R IE FIN G DREDGING MEANS, METHODS AND PROGRAMS ITEM # 52320 (Continued) Mr. Block advised a modest program of lake dredging by mechanical means in the Capital Improvement Program for storm water. Presently three (3) major projects, Lake Trant, Timber Lake and Turtle Lake are in the program. Lake Trant and Timber Lake have heen designed and are awaiting a Department of Environmental Quality permit. Mr. Block estimated work would commence on these two (2) projects in the Fall of 2004. The Turtle Lake project design will be completed; and, hopefully this lake will be dredged during January-December 2004. Tn Fiscal Year 2004-05, projects are scheduled in Brigadoon. In 2006-07 and 2007-08, projects are scheduled in Level Green, Green Run and Cinnamon Ridge. There are approximately fiJUr hundred (400) lakes in the city. Approximately 1- 'h lakes per year are dredged at a cost of$90,000 to $100,000 an acre. Councilman Reeve referenced the suggestion of a strategic plan for upland disposable sites and the utilization of open spacefunds to acquire those sites next to the water. The Lynnhaven could be hydraulically dredged. An upland disposable site has been discussed relative Rudee Inlet. An analysis has been conducted relative Rudee, outsourcing the dredging and retiring the Rudee If The City Manager advised there are gaps in terms of service ability and reliability. This item will be discussed over the next year in detail rather than}ust a quick decision with the Resource Management Plan. The City Manager expressed appreciation to Mr. Block and his stafffor this suggestion. Mr. Phillip Roehrs, Beach Management - Public Works, advised the Wolj,nare Pit is not closed, but this landfill has an inert landfill permit and is slated for twenty (20) years offill from roadway debris, ditch cleaning, etc. Information shall be provided relative possible upland disposal sites for the Western Branch of the Lynnhaven River. The Brigadoon Canals are scheduled to be dredged after July FY 2004-05. Mayor Oberndorf referenced concerns relative the Thoroughgood area and a possible upland disposal site for Lake Trant. March 9, 2004 -15 - CITY MANA GER 'S BRIEFING SlDEW ALK CAFES 2:35 P.M. ITEM # 52321 Mike Eason, Resort Services Coordinator, Convention and Visitor's Bureau, referenced the four (4) types of cafe: Boardwalk Cafe: A resort open air/boardwalk cafe' is located on public property facing the boardwalk in the RT-l Zoning District Connector Park Cafe: A resort connector park cafe' is to be located on public property in a Connector Park in the RT-1 Zoning District. The caf<! ' is not to extend east of the building's property line. Atlantic Avenue Sidewalk Cafe: An Atlantic Avenue sidewalk cafe is to be located on the public sidewalk along Atlantic Avenue directly adjoining an existing restaurant facility in the RT-2 Zoning District. Cafes are not permitted between 15" and 24" Streets on Atlantic Avenue. Atlantic Avenue Side Street Cafe: A resort side street cafe is to be directly adjoining an existing restaurant facility in the RT-2 or RT-3 Zoning District to be located on public property; and, is to be located on side streets only between Atlantic and Pacific Avenues. No cafes are authorized west of Pacific Avenue. The present sidewalk cafe' program allows cafes in four different areas of the Resort Area, including a portion of Atlantic Avenue, but specifically restricts sidewalk cafes from Atlantic Avenue between 15" and 24" Streets. During the February 2004 City Council retreat, City Council supported the expansion of the sidewalk cafe program to include this area. Mr. Eason displayed photographs of the size of an outdoor cafe on Atlantic Avenue (depicting the outline by barricades). An 8-foot setback is required from any obstacle in the right-of-way. This would leave approximately seven (7) feet for the interior of the cafe. The cafe would have to have waiter and waitress sit-down service. Disposable dishes and cutlery could not be utilized. There would be no canopies. Umbrellas would be allowed on the tables and one (1) entrance and exit to the cafe. The hours would be the same as the restaurant. Councilman Maddox quoted from his proposed Ordinance, prepared by the City Attorney: "WHEREAS, it is the sense of the City Council that an open air cafe program should be evaluatedfor the advisability of allowing open air cafes, on an experimental basis, on the west side of Atlantic Avenue between 20" and 23"1 Street, as a means of enhancing the quality of the dining experiencing and general pedestrian environment on the west side of Atlantic Avenue; and March 9, 2004 - 16- C IT Y MAN AGE R 'S B R IE FIN G SIDEWALK CAFES ITEM # 5232l (Continued) WHEREAS, it is also the sense of the City Council that because of the especially heavy amount of pedestrian traffic on the west side of Atlantic Avenue, any open air cafes allowed in this area must be subject to even more stringent regulations than are open air cafes in other locations. That there is hereby established a pilot program to allow, on an experimental basis, open air cafes to be located on the west side of Atlantic between 2(Jh and 23,d Streets during the Resort season. Under such pilot program, the City shall allow two (2) Franchises authorizing the operation between May First and September Thirtieth, 2004, of open air cafes in that area under strict conditions designed to allow the City Council to evaluate (1) the effects of such cafes; (2) the regulations applicable to such open air cafes; and, (3) the advisability of continuing such a program on an expanded basis. That, the aforementioned open air cafes shall be subject to all applicable resort open air cafe regulations pertaining to Atlantic Avenue sidewalk cafes, and, in addition, the aforesaid franchisees shall be subject to the following additional requirements, which requirements shall control in the event of a conflict with the Open Air Cafe regulations. (1) Alcoholic Beverages shall only be served with meals and only in unbreakable drinkware. (2) The operators shall not permit persons, other than patrons or employees of the establishment, to enter the franchise area or congregate therein other than at tables provided by the establishment. (3) In the event a duly authorized public safety official of the City determines, in his or her sole direction, that the open air cafe should be closed earlier than the normal closing times for reason of crowd control, unruly behavior, either within the establishment or nearby areas or for other reasons related to preservation of public safety or public order, the operator shall close the open air cafe immediately or at such later time as directed by the public safety official;. (4) A menu, or Bill of Fare, offered by the establishment shall be provided by the City Manager or his designee and the open air cafe may remain open onZv so long as all regular menu items served by the establishment are available to patrons; (5) The operator shall not permit the franchise area to be used for storage of fi/rniture or equipment or any other purpose other than as an open air cafe; (6) The operator shall not allow persons awaiting entry into the establishment or open air cafe to form lines on the sidewalk, but shall admit patrons only from inside the establishment; (7) The operator shall strictly comply with all fire, building, zoning, alcoholic beverage control or health regulations. March 9, 2004 -17 - C IT Y MANA G E R 'S B R IE FIN G SIDEWALK CAFES ITEM # 52321 (Continued) (8) The Franchise may be revoked by the City Manager whenever the City Manager determines (1) the owner or operator of the establishment has been found guilty of a criminal offense arising frOm the operation of the establishment; (2) the owner or operator has been assessed a civil penaltyfor violation of any fire, building, zoning, alcoholic beverage control or health regulations arising from the operation of the establishment; (3) the presence of the open air cafe is causing, or contributing to, a deterioration of the quality of the pedestrian or general environment in the area; (4) the open air caje is in violation of any material term of its franchise or resort open air cafe regulations. In addition, the City Manager may suspend the owner or operator's privilege to operate the open air cafe under the Franchise pending a final disposition of any criminal charges related to alcoholic beverage control violations. The City Manager is authorized to accept proposals for open air cafe Franchises for the area between 20" and 23"/ Street, and of those received, shall select for presentation to the City Council the two proposals, which in his opinion, best promote the objectives of the pilot program. By no later than November 30, 2004, the City Manager shall provide the City Council, a written evaluation of this Pilot Program and his recommendations concerning the continuation, expansion or termination of the Pilot Program. In determining whether an expansion of the pilot program is warranted, the City Council shall consider all relevant factors pertaining to the objectives of the City in allowing open air cafes, including, without limitation, the quality of menu offerings, table service, appearance and general caliber of the establishments desiring to operate open air cafes and the degree to which such establishments are likely to provide a desirable, public amenity, which enhances the appearance and pedestrian experience on the west side of Atlantic Avenue. " On March 4, 2004, the Resort Advisory Commission voted to endorse the pilot program. Mayor Oberndorfreferenced correspondence from Kenneth C. Taylor, President - Virginia Beach Hotel- Motel Association, dated March 5, 2004, and Linwood 0. Branch, Vice President - Virginia Beach Hotel- Motel Association, dated March 7, 2004. Mayor Oberndorfinquired if the City Attorney had evaluated the questions posed relative the ordinance proposed by Councilman Maddox. The City Attorney's office is preparing a response. Mr. Eason advised the Mayor the amount of taxes the cafes would pay the City per year: ~ Boardwalk CaftJ Connector Park CaftJ Atlantic Avenue Cafe Atlantic Avenue Side Street Cafe Per Sauare Foot $6.00 $5.50 $5.00 $4.00 March 9, 2004 - 18- CITY MANA GER 'S BRIEFING SIDEWALK CAFES ITEM # 52321 (Continued) Relative question No.2 in said correspondence: "Pilot programs involving outdoor cafes on the side streets at Doughboys (17" Street) and Haagen-Dazs (21" Street) were previously deemed a failure due to the negative impact on the pedestrian right-of-way and behavior issues. Have these examples been a part of the discussion, including a staff analysis on why these pilot programs were unsuccessful? " Doughboys was built without a physical survey. The City Manager advised a permanent canopy had been affixed to the building, which came out over the sidewalk and was in violation of the standards for cafes. Mr. Eason advised the Haagen-Dazs cafe was removed as it did not have waiter, waitress service as required by the regulations. The process involving an open air cafe usually entails four (4) to six (6) months. Nancy Perry, Executive Director - Virginia Beach Hotel-Motel Association. advised speaking with Councilman Maddox detailing their opposition. This proposal has not been discussed with the Police Department. The City, Police, Design Committee and the Resort Industry should work together on programs. The Association is concerned the issues of covering, control, appearance, cleanliness and enforcement have not been addressed properly. At the March Fourth Resort Advisory Commission meeting, a substitute motion was carried by a vote of 7 to 6 to allow only two cafes under a pilot program in 2004, one in the block between 20" and 21"" Streets, and the other in the block between 22"" and 23rd Streets. Matt Falvey, President - Virginia Beach Restaurant Association, clarified the vote of the Resort Advisory Commission as being 7 to 5 allowing the two cafes. The two (2) proposed establishments are well run, one of which has been on Atlantic Avenue for thirty (30) years. Both are "hands on" owner-operated. This is a pilot program of one year, subject to stringent guidelines. A formal response shall be provided to the Virginia Beach Hotel-Motel Association with copies of the proposed Ordinance re the Atlantic Avenue open air cafes. A Public Hearing and the Ordinance shall be scheduledfor the City Council Session of March 23,2004. March 9, 2004 -19- C IT Y MAN AGE R 'S B R IE FIN G PARKS AND RECREA TlON STRATEGY ITEM # 52322 Nick Anoia, Chair - Parks and Recreation Commission, advised the importance of the Parks and Recreation Strategic Plan. Parks and Recreation Commission has unanimously supported the development of this strategic planning initiative. A needs assessment will be provided through the utilization of this plan. The Parks and Recreation Commission has recently been accredited and this accreditation requires a Strategic Plan. Cindy A. Curtis, Director - Department of Parks and Recreation, advised the Department was recently accredited by the National Recreation and Parks Association, which continues to be the only department in the State of Virginia and the nineteenth in the United States to achieve this level of professionalism and recognition. The Plan is an investment in the future. The Department of Parks and Recreation is a $40-MILLION business unit of the City with between $150-MILLION and $200-MILLION in capital assets. This is a small investment re the visioning and plans to maximize the resources. No new appropriations are needed. The funding is currently available. The price has been negotiated down significantly. Currently the price is established at $269,830 (a reduction of over $IOO,OOO). The Department has their own detailed inventory. GIS can provide maps and surveys for equi~y mapping and existing survey information. The staff is committed to work on this project. Landscape Services has been merged with Parks and Recreation. The Department wishes to capitalize on those opportunities to gain efficiencies through economies of scale. Parks and Recreation has been partnering with other departments such as Public Works. As part of the plans involve facilities maintenance of indoor Recreation Centers, Public Works has offered to participate in funding this Plan. Parks and Recreation believes this $269,830 investment will be returned within a minimum of two (2) years. There will be significant direct savings, real/ocation of st(1ff and resources, ejjiciencies and streamlining. The Department will be able to report those savings back to City Council in their Annual Report. Key Components of the Process Extensive citizen and key stakeholders input: Data gathered through focus groups, public forums, surveys and key stakeholder interviews, City Council, the Parks and Recreation Commission and the citizens will be informed and involved throughout the process Equity Mapping: Future development of parks, Community Recreation Centers and athletic facilities will be based on compatibility with neighborhoods and the needs of the service area. The plan will provide a prioritized list of projects and programs based on citizen need Benchmarking: Through this process, the Department will develop performance measures based on national standards. The Department wishes to be benchmarked against the best Efficiency: The process will clarify areas where efficiencies can be gained through redirection of resources, staffing and funding Community Values Model: This planning model ensures that the Strategic Plan reflects community needs March 9, 2004 - 20- C IT Y MAN AGE R 'S B R IE FIN G PARKS AND RECREATION STRATEGY ITEM # 52322 (Continued) Leon Younger and PROS would be the prime consultant with Carter and Burgess as a sub. Leon Younger and PROS is nationally and internationally recognized as a specialized Parks and Recreation and leisure services consultant, assisting more than two hundred (200) agencies across thirty (30) states as well as five (5) countries. In the past four (4) years, Leon Younger and PROS has worked exclusively with Carter and Burgess in developing programs for organizations. PROS clients include: Alexandria Virginia Dallas, Texas Long Beach, California Philadelphia, Pennsylvania Tucson, Arizona Population 128,000 1,200,000 515,000 1,500,000 500,000 Cost $ 145,000 $ 1,400,000 $ 280,000 (Will provide) $ 230,000 Benefits Facilitated Process: ensures objectivity Multiple Planning Tools: Benchmarks and Best Practices Report, Facilities Maintenance Management Plan, Grounds Maintenance Management Plan, Recreation Program Review, Facility Development Plan including Equity Mapping, Staffing, Marketing, Revenue and Funding Strategic Plans and Strategic Master Plan. Focus on Core Businesses: The Community defines our core business Parks and Recreation will build on their successes Completion of the plan in a timely manner: Twelve (12) to eighteen (18) months. The Virginia Beach Outdoor Plan was a tremendous success for this community, largely staff driven; however, that Plan did require over $100,000 in additional expenses re advertising, consultant costs and data collection. This Plan also entailed over 5, 500 hours of staff time and only encompassed a small portion of the Department's responsibilities. The staff could facilitate the Plan; however, this does not bring the national oversight of the Management Consultant firm and the best practices throughout the community. The Department would have to cease some of its current responsibilities. The staff is currently maxed out re the construction activities: renovation of the golf course, Princess Anne Ballfield complex. Funding is available in the Department's current (FY 2003-2004) budget cycle. The funding was derived from an appropriation made by City Council in the FY 2003-2004 Resource Management Plan. A resource allocation and programming process was undertaken. Revenue does not necessarily meanfees, but sponsorships, partnerships, marketing and naming rights. The Department could chose not to undertake some of the plans prepared by the Consultant. The Department could chose not to do the Facility Maintenance Management Plan and reduce the funding required. Parks and Recreation performs the hackground work; however, the Consultants perform the final analysis. March 9, 2004 - 21- C IT Y MANA G E R 'S B R IE FIN G PARKS AND RECREATION STRATEGY ITEM # 52322 (Continued) The City Manager advised a report on consultant expenditures for the last three (3) years was submitted to City Council. The majority of these expenditures entail engineering and architectural services for projects such as 30'h and 31" Streets. Morefunds will be expendedforconsultant services on 3(jh and 31st Street than the entire Parks and Recreation study. Ms. Curtis advised the Department does not have a long term capital reinvestment plan for the buildings, nor an outline of when the capital equipment will fail. This consultant will be able to outline their expectations for the next twenty (20) years, as well as examining the current maintenance. Information relative how the localities referenced utilized the PROS studies. Projected cost savings and copies of the plans of the various localities will be provided. An outline of the study-in-house versus consultant concerning time line and cost will also be furnished. March 9, 2004 - 22- CITY MANA GER 'S BRIEFING STRIVING FOR EXCELLENCE REPORT 4:20 P.M. ITEM # 52323 The City Manager presented the Striving for Excellence, Virginia Beach: A Quality Government Organization report documents initiatives both large and small, tangible and intangible, which reflect our organizational values and contribute to the continued success of the Virginia Beach Quality Services System. The 'hundreds of improvements made hy City departments in the year 2003 resulted in significant improvements to City programs and services: FINANCIAL RESULTS Savings Cost Avoided New Revenue Generated New Grants Realized New funds Raised/Donations $ 845,495 $ 3,485,812 $ 5,444,980 $ 5,137,085 $ 40,195 The City Manager referenced the Chart depicting the results of ten (10) years "Striving for Excellence" Dollars Saved Costs Avoided Grants System Processes! Technology Improvements Services Enhanced Volunteers Value (15.6-MILLION hours) $ 53 -MILLION $39 -MILLION $ 47.5-MILLION 2,455 2,842 $168 -MILLION The City Manager advised the detailed description organized around each of the City Council husiness areas and information relative each of the initiatives undertaken in the various City Departments. The City Manager advised this document was prepared in-house. March 9, 2004 - 23- MA YOR 'S COMMENTS 4:20 P.M. ITEM # 52324 Mayor Oberndorf advised one of the main business of the Virginia General Assembly is the responsibility to provide a balanced budget. Mayor Oberndorfreferenced a proposed Resolution explaining insufficient fundingfor core services such as education and public safety and support of the State Budget as proposed by Senate Bill 30. Virginia Beach would be required to expend $150-MILLION each year for education above that required by the State mandated Standards of Quality. This amount would be equal to approximately fifty (50if) cents on the real estate tax rate in the City of Virginia Beach. Virginia Beach has had to find increased tax revenuefor education every year since 1986, which was the last year the taxes were raised by the Commonwealth. The proposed Resolution was DRAFTED by Robert Matthias, Assistant to the City Manager. Mayor Oberndorf advised the Virginia Municipal League and the Mayor and Chairs of Hampton Roads are supportive o.f Senate Bill 30. Councilman Villanueva r~ferenced the correspondence from the Virginia Municipal League (VML), which is more succinct than the Mayor's proposed Resolution and does not require the choice of either the House or Senate version Specific items were addressed requesting the General Assembly: supplement their Title 599 funds, support commitments to education, fund Community Services. The Virginia Municipal League also supports Senate Bill 30. The City Attorney shall DRAFT a Resolution to be considered in the Formal Session, addressing the message points contained in the Virginia Municipal League list, rather than addressing the specifics of the entire Senate Bill 30. The City Council also requests the General Assembly adopt a budget that will enable the Commonwealth to meet its funding responsibilities for basic citizen services and ease the burden on local governments. Resolution requesting the Virginia General Assembly ADOPT a balanced budget that will enable the Commonwealth to meet its responsibilities to citizens and local governments. March 9, 2004 -24 - AGE N DA REV I E W S E S S ION 4:38 P,M. ITEM # 52325 K.4. Ordinance to ESTABLISH two new Capital Projects and APPROPRIATE $707,278 in FY 2001-02 School Reversion Funds re School Bus Facility Renovation and Expansion AND TRANSFER $75,000 to High Schools Addition Study. Council Lady McClanan expressed concern relative the TRANSFER of $75,000 to the High Schools Addition Study. Council Lady Wilson advised the high schools, specifically Landstown, Cox and Kellam are over-capacity. This Study is just re additions. Redistricting has been done. Councilman Wood advised certain schools have the space for an addition. Further redistricting would be done for these high schools rather than building a new high school in another location. Councilman Reeve inquired re if the Bus Facility was considered by the Liaisons for City and School Consolidation. Council Members Wilson and Wood advised the issue has been studied and was not considered to be feasible for consolidation. ITEM # 52326 K.5. Ordinance to APPROPRIATE: c. $58, 953from the sale of weapons to Police Officers to the Police Department's 2003-04 budget for purchase of replacement service weapons Councilman Maddox inquired relative the old model service weapons. The City Manager advised these are offered for sale (at greatly reduced prices) to law enforcement agencies around the United States. Thefunds are then pooled to be utilized towards the purchase of new weapons. ITEM # 52327 BY CONSENSUS, the following shall compose the CONSENT AGENDA: ORDINANCES/RESOLUTION K.1. Ordinance to AMEND H 35-143,35-165 and 35-191 of the City Code re City Treasurer adding a penalty for late remittance of admission, meal and lodging taxes to conform to !s' 58.1-3916 of the Virginia Code. K.2. Ordinance to declare EXCESS PROPERTY on a parcel of land at Frost Road and Smokey Road; and AUTHORIZE the City Manager to convey this property to Ronald J. Raymo. (DISTRICT 4 - BA YSIDE) March 9, 2004 - 25- AGE N DA REV I E W S E S S ION ITEM # 52327 (Continued) K.3. Ordinance to AUTHORIZE a temporary encroachment into Mill Creek by REGINA M. BUHRMAN to allow an existing wooden pier and proposed stone rip rap at 2901 Sandpiper Road. (DISTRICT 7 - PRINCESS ANNE) K.4. Ordinance to ESTABLISH two new Capital Projects and APPROPRIATE $707,278 in FY 2001-02 School Reversion Funds re School Bus Facility Renovation and Expansion AND TRANSFER $75,000 to High Schools Addition Study. K.5. Ordinances to APPROPRIATE: a. $250,410 to the Beach/Major Events program of the Tourism Growth and Investment Fund's (TGIF) FY 2003-04 budget re Oceanfront Entertainment b. $190,540 re Parks and Recreation's lease-purchase of cardiovascular exercise machines and TRANSFER $23,178 within the Department's budget for acquisition of recreation equipment c. $58,953 from the sale of weapons to Police Officers to the Police Department's 2003-04 budget for purchase of replacement service weapons d. $10,000 donationfrom Charles Barker Champions for Charity to the Police Department's FY 2003-04 budget re expansion of the Drunk Driving (DUI) Education Program e. $10,046 in State Funds and $25.887 in Gift Funds to the Department of Mental Health, Mental Retardation and Substance Abuse Services (MHMRSA) FY 2003-04 Operating Budget re Day Support Services, Infant Services and SkillQuest Programs K.6 Resolution to amend Resolution 3028 establishing the TASK FORCE ON LAND USE IN AIR INSTALLATIONS COMPATIBLE USE ZONES (A1CUZ) to increase their membership to six (6). March 9, 2004 - 26- AGE N DA REV IE W S E S S ION ITEM # 52328 L..4. Application of KRAMER RED MILL #20 L.L.C. for a Conditional Use Permit re automobile repair at Nimmo Parkway and Upton Drive. (DISTRICT 7 -. PRINCESS ANNE) Councilman Reeve expressed concern relative screening. Councilman Reeve referenced the addition of conditions. This application shall be discussed during the Formal Session. ITEM # 52329 L.5. Application of SHORELINE INVESTMENTS, L.L.C Jor a Conditional Use Permit re used automobile sales at 5409 and 5417 Virginia Beach Boulevard. (DISTRICT 2 - KEMPSVILLE Council Lad y Eure referenced the correspondence from adjoining property owners on Toy Avenue and Sedge field Avenue relative a revision to Condition No.4. concerning fencing. The applicant has concurred with the amendment. 4. Where a six (6)foot high solid fence does not currently exist, a minimum six (6) foot high solidfence shall be installed along the rear (southern) property line in addition to the required landscape screening. The fence shall be installed immediatelv adiacent to the aroaertv line: the 15 feet of all reouired buffer alantinf!s shall be alanted to the north of the fence. Chain link fencing is not permitted. ITEM # 52330 BY CONSENSUS, the following shall compose the CONSENT AGENDA: L.l. RECONSIDERATION: applications ofF. DONALD REID at 3592 Indian River Road: (DISTRICT 7 - PRINCESS ANNE) a. Variance to s. 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) and to allow a forty-five (45) foot lot subdivision with open space and walking trails in the Transition Area b. Chanf!e ofZoninf! District Classification from AG-l and AG-2 Agricultural Districts to Conditional R20 Residential District c. Conditional Use Permit re Open Space March 9, 2004 -27- AGE N DA REV I E W S E S S ION ITEM # 52330 (Continued) L.2. Application of NORTH LANDING DEVELOPMENT, L.L.c. requesting MODIFICATION of Proffers 1 and 3 for a Conditional Change of Zoning at 2484 North Landing Road. (DISTRICT 7 - PRINCESS ANNE) L.3. Application of VIRGINIA BEACH FREEWILL BAPTIST CHURCHfor a MODIFICA TION of a Conditional Use Permit to allow 139 children at a Day Care Center at 210 South Witchduck Road (DISTRICT 2 - KEMPSVILLE) L.4. Application of SHORELINE INVESTMENTS, L.L.c. for a Conditional Use Permit re used automobile sales at 5409 and 5417 Virginia Beach Boulevard. (DISTRICT 2 - KEMPSVILLE L.6. Application of CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY for a Chanl!e of Zoninl! from B-3 Central Business to Conditional B-3A Pembroke Central Business Core District at Garrett Drive and Columbus Street. (DISTRICT 5 - LYNNHA VEN) Item L.l will be DEFERRED, BY CONSENT, until the City Council Session of March 23,2004. Item L.4. will be APPROVED, BY CONSENT, with a revised condition ITEM # 52331 Councilman Maddox requested the addition of a Resolution to increase the membership re the Old Beach District Master Plan Advisory Committee. Resolution re membership increase for Old Beach District Master Plan Advisory Committee. Councilman Maddox advised meeting with the Seatack Civic League who has requested a member be included on the Old Beach District Master Plan Advisory Committee. Councilman Maddox discussed this matter with Councilman Reeve. Rosa Lee Norman, President Seatack Civic League, has been selected. Mrs. Norman has attended a meeting of the Advisory Committee. Councilman Reeve wishes she beformally added to the membership. This item shall be considered during the Formal Session. March 9, 2004 - 28- CITY COUNCIL COMMENTS 4:50P.M. ITEM # 52332 Councilman Schmidt referenced the Emergency Response September Roundtable discussion at 10:00 A.M. this morning. Councilman Schmidt believes consensus was established relative hiring twenty (28) new Advanced Life Support (ALS) providers. Aforty-five (45) day process is entailed relative interviewing and hiring. Councilman Schmidt suggested the City Council authorize advertising re the hiring of these positions to assure the personnel's presence on Memorial Day. Councilman Diezel advised Chief Bruce Edwards, Emergency Medical Services, has established the criteria involved in the job descriptions of these ALS positions. The screening process is very extensive with a detailed background investigation. The City Manager advised the hiring would be by the staff of Human Resources. Funds would not be available to pay these positions until July First. Therefore, it will still probably be the end of July before the personnel are "on board ". The impact on the Volunteers will be examined. Councilman Diezel advised the "brightest" Volunteers will apply and there will be an impact. In this case, a beneficial impact. Mayor Oberndorf suggested assistance re recruiting additional Volunteers. The Volunteers need to be nurtured, respected and rewardedfor their unselfish acts. Mayor Oberndorf was impressed by the addition of the Emergency Dispatchers as a part of the Roundtable. Council Lady Wilson concurred with the formation of a Task Force to examine all the issues discussed during the Roundtable. The ERS Roundtable participants should be considered as members of this Task Force. This suggestion shall be discussed with Charles Meyer, Chief Operating Officer, as the Emergency Response Team Executive Committee is under his direction. BY CONSENSUS, the City Manager shall advertise re the hiring of the twenty-eight (28) ALS positions. ITEM # 52333 Councilman Villanueva referenced the EighteenthAnniversary celebration of the Judeo-Christian Outreach Center. Councilman Villanueva was pleased and honored to have the Mayor and Council Lady Eure attend. The JCOC is lookingforward to additional dialogue with the Mayor and City Council re expansion efforts. Mayor Oberndorf advised the Outreach Center was able to sell a small parcel of land behind their thrift shop to Habitatfor Humanity. A brand new home will be built inforty-eight (48) hours atthe Pavilion, trucked to this parcel and placed on its foundations. ITEM # 52334 Mayor Oberndorf referenced correspondence jrom Joseph Paul Schrank, Chief Service Officer - Disabled American Veterans, requesting a Tax Relief Task Force be established for the Disabled Veterans, similar to the Senior Citizen Real Estate Tax Relief Task Force, Councilman Maddox requested the original Task Force be re-instated with the addition of a Disabled American Veteran representative. March 9, 2004 - 29- ITEM # 52335 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). Appointments: To Wit: Appointments: Boards and Commissions: Board of Building Code Appeals Community Policy and Management Team - CSA 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 Public Library Board Resort Advisory 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 Princess Anne District Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council voted to proceed into CLOSED SESSION (5: 12 P.M.). Voting: 11-0 Council Members Voting Aye: Hany E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, 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: None (Closed Session: 5: 12 PM. - 5:40 P.M.)(Dinner: 5:40 P.M. - 6:00 P.M.) March 9, 2004 - 30- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL March 9, 2004 6:00 P.M. Mayor Meyera E. OberndorJ called to order the FORMAL SESSION oJthe VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building. on Tuesday, March 9, 2004, at 6:00 PM. Council Members Present: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. OberndorJ, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Vice Mayor Louis R. Jones E. T. Buchanan,former Council Member, was remembered and sympathy expressed to his lovingjamily in the tragic loss oj their only son, "Bo ". 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 oJGoodman and Company and is directly and indirectly involved in many oJ Goodman and Company's transactions. However, due to the size oj Goodman and Company and the volume oj transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her hushand is not personally involved and oj which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit oj the State and Local Government Conflict oj Interests Act, it is her practice to thoroughly review the agenda Jor each meeting oj City Council Jor the purpose oj 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 oJCity Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter oj January 27. 2004, is hereby made a part oj the record. Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker Realty. Because oj the nature oj Real Estate Agent affiliation, the size oj Prudential, and the volume oj transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and oJwhich she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit oj the State and Local Government Conflict oj Interests Act, it is her practice to thoroughly review the agendaJor each meeting oJCity Council Jor the purpose oj 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 oj City Council. Council Lady Wilson regularly makes ths disclosure. Council Lady Wilson 's letter of January 27, 2004, is hereby made a part oj the record. March 9, 2004 -.-------.-.-. .._-_..~-_.. --._"_.._--,,------,---~_._- - 31 - Item V-E.l. CERTIFICATION OF CLOSED SESSION ITEM # 52336 Upon motion by Councilman Schmidt, seconded by Councilman Wood, 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; 11-0 Council Members Voting Aye; Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S McClanan, RichardA. Maddox, 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: Nones March 9, 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 # 52335, page 29, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3 711 (A) ofthe 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. - March 9,2004 - 32- Item V-E 1. MINUTES ITEM # 52337 Upon motion by Council Councilman Reeve, seconded by Councilman Schmidt, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of March 2, 2004 Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA. Maddox, 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: None March 9, 2004 - 33- Item V-G.1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 52338 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION Resolution re membership increase for Old Beach District Ma,~ter Plan Advisory CommiUee. (will be added to the Agenda as Resolution No. K. 7) Resolution requesting the Virginia General Assembly ADOPT a budget that will enable the Commonwealth to meet its responsibilities to citizens and local governments (will be added to the Agenda as Resolution No. K.8) March 9, 2004 - 34- Item V-G.2. ADD-ON ITEM # 52339 Upon motion by Councilman Maddox, seconded by Councilman Reeve, City Council ADDED to the Consent Agenda: Resolution re membership increase for Old Beach District Master Plan Advisory Committee. (will be added to the Agenda as Resolution No. K. 7) Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 9, 2004 -,."_._---_...__._--,.~_."-_...._---_.-.. ._-~.-" ---. - - 35- Item V-G.3. ADD-ON ITEM # 52340 Upon motion by Councilman Villanueva, seconded by Council Lady Wilson, City Council ADDED to the Consent Agenda: Resolution requesting the Virginia General Assembly ADOPT a budget that will enable the Commonwealth to meet its re,'ponsibilities to citizens and local governments (will be added to the Agenda as Resolution No. K8) Voting: JI-O Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. OberndOl:f, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 9, 2004 - 36- Item V-H. MAYOR'S PRESENTATION ITEM # 52341 Mayor OberndorfPRESENTED: PROCLAMATION IN RECOGNITION March 9, 2004 HAMPTON UNIVERSITY DAY In February 2003, the City of Virginia Beach and Hampton University entered into a public/private partnership which resulted in the establishment of the College of Virginia Beach at the Town Center of Virginia Beach. This partnership came to fruition with the enrollment ofthefirst students at the College of Virginia Beach in September 2003. The College of Virginia Beach has created twenty-two (22) new jobs in the City and is investing $2-MILLIONannually in equipment, salaries and infrastructure. The Hilton Garden Inn at the Virginia Beach Town Center was stimulated by an $18-MILLION investment from the Hampton University Foundation. Dr. JoAnn Haysbert, Acting President - Hampton University, ACCEPTED the PROCLAMATION. with appreciation. Hampton University began in 1868, with its Founder, General Samuel Chapman Armstrong, and his vision to provide education for newly freed slaves. Since that time, the University has become a comprehensive university serving individuals of every racefrom around the World. Hampton University has been pleased and proud to partner with the City of Virginia Beach. Dr. Haysbert is looking forward to a long and happy partnership. March 9, 2004 Jrnrlamntinu 'W#imas: In <Fe6ruary 2003, the City <if *tJinia <Beach atufJ{ampton Vniversity entero[ into a pu66c/pn"vate partnersfiip Whicn resultea in t/ie esta6lisnment <if tne colIege of VirfJlni4 'BelUn at t/ie 'Town Center of *tJinia <Buufi; aruf 'W#imas: <Viat partnership came to fruition witn tne enro([ment of tfie first sttulents at tne colIege of 'Virginia <Buun in septem6er 2003; aruf 'W#imas: The ColIege of'Virgini4 'Buuli tfirectCy supports tne City's "Community for a Lifetime' tnree-year plan atuf two associatea goals to ae-vef"cp tfie woriforce aruf pnrviife EifeUmg feamifIfJ opportunitiu for Virginia <Bea<:1i Citizens; aruf ~ereas: The ColIege of 'Virginia <Buun lias crtatd 22 new jo6s in tne Citj of 'Virginia 'Buun ana is investing $2 mi/Twn annualEyin equipment, salams aruf infrastructure; aruf 'W#iereas: 'Enro{[ments aruf interest in tne Selioo{s <if 'NursifIfJ, J{ote{9;la1Ulfjement ana tfie qrtuCuate Senoo{ of 'Eliucation fuwe eXfedea qpectations at tlie ('D{[ege of 'lIi11Jini4 <BelUfi; aruf 'Ulliereas: <Via Xuton qamen Inn at t/ie 'Virgi:nia <Buu:n 'Town Center was stimufatd 6y an $ I 8 milfion investment from tne Xampton 'University <Foundation: 'Jo{ou', Therefore, 1, 9;leyera'E. 06errufurj, 9;layoroft/ie Cityof'Virginia <BelUli, 'Virginia, Jo/iere6y ProeCaim: :March 9, 2004 Jfampton Vniversity CDay In 'Virginia <Beaen, atuf on 6elialf of t/ie 'Virginia'Beaen City CounciC, I eommerul, e01l{J1'atufate aruf tnank,tlie {eaJersfiip ,>jXampton VnWersity for this partnersnip tnat is so mutuaCly 6enificia{ to Xampton Vniversity, tlie City of 'Virginia <Buuli, aruf tlie Commonwea{th of 'Virginia, In 'Witness 'W#iereof, I liave liereunto set my liaruf ana eauseJ tlie officia{ Sear of tlie City <if 'Virginia <Beaeli, 'Virginia, to 6e a:f[iJ(!tf tnis !}IIinth rIay of 9;larcn, 'Two Thousaruf Pour. 9;leyera 'E. o6erruforj >Mayor - 37- Item V-I. PUBLIC HEARING ITEM # 52342 Mayor Oberndorf DECLARED A PUBLIC HEARING: EXCESS CITY-OWNED PROPERTY - Frost Road and Smokey Road There being no speakers, Mayor OberndorfCLOSED THE PUBLIC HEARING. March 9, 2004 - 38- Item V-K. ORDINANCES/RESOLUTIONS ITEM # 52343 Upon motion by Vice Mayor Jones, seconded by Council Lady Eure, City Council APPROVED IN ONE MOTION Ordinances/Resolutions I, 2, 3, 4, 5, 6, 7(ADD-ON) and 8 (ADD-ON) of the CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, 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: None March 9, 2004 - 39- Item V-K.I. ORDINANCES ITEM # 52344 Upon motion by Vice Mayor Jones, seconded by Council Lady Eure, City Council ADOPTED: Ordinance to AMEND H 35-143,35-165 and 35-191 of the City Code re City Treasurer adding a penaltyfor late remittance of admission, meal and lodging taxes to conform to S 58.1-3916 of the Virginia Code. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, 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 Absent: None March 9, 2004 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO TAXATION BY UPDATING PENALTY PROVISIONS FOR LATE REMITTANCE OF CERTAIN TAXES SECTIONS AMENDED: ~ 35-143, 35-165 and 35-191 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 35-143, 35-165 and 35-191 of the City Code are hereby amended and reordained, to read as follows: ARTICLE VI. TAX ON PURCHASE OF FOOD AT RESTAURANTS Sec. 35-143. Penalty for late remittance. If any person, whose duty it is so to do, shall fail to remit to the city treasurer the tax required to be collected and paid under this article within the time and in the amount specified in this article, there shall be added to such tax by the city treasurer a penalty in the omcunt of fi ,,"e (3) percent, if the remittonce is not more thiln thirty (30) days late, ~ith an odditionol fi~e (5) percent for eoch additional thirty (30) days or fraction thereof during ~hieh the remittonee continues to be late, not to elweed t-,;cnty fi"""e (25) percent in the aggregate, -,lith a minimum penalty of t~;o dollaro ($2.00) of ten percent (10%) of the amount due or ten dollars ($10.00), whichever is greater; provided, however, that the penalty shall not exceed the amount due. A penalty for failure to pay the tax due under this article shall not be imposed if it was not the fault of the taxpayer or was the fault of the treasurer. ARTICLE VII. TAX ON TRANSIENTS OBTAINING LODGING Sec. 35-165. Penalty for late remittance or false return. +a+ If any person, whose duty it is so to do, shall file or refuse to remit to the city treasurer the tax required to be collected and paid under this article, within the time and in the amount specified in this article, there shall be added to such tax by the city treasurer a penalty in the ~mount of five (5) percent, if the fuilure io for not !flare th~n thirty (30) dayo, ",:lth ~n ~ddition~l five (5) percent for euch addition~l thirty (30) duyo or fruction thereof durinq ",:hich the f~ilure continueo, not to eltceed twenty five (25) percent in the uggreg~te, with u minimum penulty of t",:o dollaro (i}2.00) of ten percent (10%) of the amount due or ten dollars ($10.00), whichever is greater; provided, however, that the penalty shall not exceed the amount due. (b) In the c~oe of a f~lGe or fr~udulent return with intent to defr~ucl the city of ~ny t~J[ due under thio ~rticle, ~ pen~lty of fifty (50) percent of the tulC oh~ll be aooeooed ~gainot the peroon required to collect ouch talC. A penalty for failure to pay the tax due under this article shall not be imposed if it was not the fault of the taxpayer or was the fault of the treasurer. 2 ARTICLE VIII. ADMISSIONS TAX Sec. 35-191. Penalty for late remittance or false return. +a+ If any person, whose duty it is so to do, shall fail or refuse to remit to the city treasurer the tax required to be collected and paid under this article, there shall be assessed a penalty of five (5) percent of the t~lt due for the failure to remit such taE by the t',;cntieth day of the month, ',:ith ~n addition~l assessment of ~ five (5) percent pen~l ty of the t~J[ due to be imposed e~eh ~ddition~l thirty (30) d::tys, ::tll pen::tlties not to eEeeed t',;enty fi','e (25) percent in the ~ggre'3~te, ',lith ~ minimum pen::tlty of t~o dollars ($2.00) ten percent (10%) of the amount due or ten dollars ($10.00), whichever is greater; provided, however, that the penalty shall not exceed the amount due. (b) In case of a f~lse or fraudulent return ~ith intent to defr::tud the city of ::tny t::tE due under this ~rtiele, ~ pen::tlty of fifty (50) percent of the t~J[ :Jh~ll be ~ose:J:Jed ag~inst the opcr~tor of the place of amu:Jcment or entertainment. A penalty for failure to pay the tax due under this article shall not be imposed if it was not the fault of the taxpayer or was the fault of the treasurer. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 9th day of March, 2004. CA-9053 H:\GG\ordres\proposed\35-l43etalord.wpd R2 - February 10, 2004 3 - 40- Item V-K.2. ORDINANCES ITEM # 52345 Upon motion by Vice Mayor Jones, seconded by Council Lady Eure, City Council ADOPTED: Ordinance to declare EXCESS PROPERTY on a parcel of land at Frost Road and Smokey Road; and AUTHORIZE the City Manager to convey this proper(y to Ronald J. Raymo. (DISTRICT 4 - BA YSIDE) Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndoif, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None March 9, 2004 1 AN ORDINANCE DECLARING CERTAIN 2 PROPERTY LOCATED AT THE SOUTHWEST 3 CORNER OF FROST ROAD AND SMOKEY 4 ROAD EXCESS AND AUTHORIZING CITY 5 MANAGER TO EXECUTEANAGREEMENTOF 6 SALE AND CONVEY SAME TO RONALD J. 7 RAYMO 8 WHEREAS, the City of Virginia Beach acquired ownership of a certain parcel 9 of real property containing approximately 0.12 acres, located at the southwest corner of 10 Frost Road and Smokey Road (GPIN: 1479-33-4430) in the CityofVirginia Beach, Virginia, 11 (the Property) recorded in Deed Book 2314, at page 1789; and 12 WHEREAS, the City Council is of the opinion that the Property shown on the 13 "LOCATION MAP SHOWING EXCESS CITY OWNED PROPERTY FROST ROAD AND 14 SMOKEY ROAD", attached hereto as Exhibit A, is in excess of the needs of the City of 15 Virginia Beach. 16 WHEREAS, Ronald J. Raymo has proposed to purchase the Property from 17 the City for a purchase price of FIVE THOUSAND DOLLARS ($5,000.00). 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA: 20 1. That the Property is hereby declared to be in excess of the needs of 21 the City and that the City Manager is hereby authorized to execute an 22 Agreement of Sale and any necessary documents of effectuate the 23 sale of the Property to Ronald J. Raymo. 24 2. That the City's staff approved FIVE THOUSAND DOLLARS 25 ($5,000.00) as the sale price of the Property. 26 3. That Ronald J. Raymo will reserve to the City of Virginia Beach, 27 Department of Public Utilities an eight foot (8') wide utility easement 28 on the Property along both boundary lines adjacent to public rights- 29 of-way for an existing six inch (6") water line and maintenance and 30 improvements to such water line. 31 4. That the Property and Mr. Raymo's adjacent property shall be 32 resubdivided to eliminate interior lot lines for GPIN 1479-33-4430 and 33 GPIN 1479-33-4377 (also known as Lots 30 and 29). 34 5. That the Property shall be conveyed in accordance with the attached 35 Summary of Terms marked as Exhibit B, and such other terms, 36 conditions or modifications as may be satisfactory to the City 37 Attorney. 38 This ordinance shall be effective from the date of its adoption. 39 Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th 40 day of March 2004. 41 PREPARED: February 25, 2004 42 CA#9116 AP:JVED A~ TOCONT~N~ d~/. tv, Public Works APPROVED AS TO LEGAL SUFFICIENCY ~(k~ Department ofT,aw Exhibit A / .-::::::: \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ '- \ \ I I , -- ~ o <0//) " / , / .~" / '" ,,"- </ "" ) '\. , , , I , /' ?/ / '" .t..~) /\ Y/ c/'" ~-" ~ /' /' ~;}0 LOCATION MAP SHOWING EXCESS CITY OWNED PROPERTY FROST ROAD AND SMOKEY ROAD SCALE: 1" = 100' FROST.DGN !v\.J.5. PREPARED BY PAN ENG. CADD DEPT. JAN. 1412003 Exhibit B SUMMARY OF TERMS SELLER: City of Virginia Beach PURCHASER: Ronald J. Raymo PROPERTY: Approximately 0.12 acres SALE PRICE: FIVE THOUSAND DOLLARS ($5,000.00) fair market value CONDITIONS OF SALE: . The Buyer will reserve to the City of Virginia Beach, Department of Public Utilities an eight foot (8') wide utility easement on the Property along both boundary lines adjacent to public rights-of-way for an existing six inch (6") water line and maintenance and improvements to such water line, . The Buyer will submit a site plan for review and approval by the Planning Department prior to any construction. . The Property shall be resubdivided to eliminate interior lot lines for GPIN 1479-33- 4430 and GPIN 1479-33-4377 (also known as Lots 30 and 29). BUHRMAN SANDPIPER.DGN M.J.S. PREPARED BY P;W ENG. CADD DEPT. FEB.2004 - 41 - Item V-K.3. ORDINANCES/RESOLUTIONS ITEM # 52346 Upon motion by Vice Mayor Jones, seconded by Council Lady Eure, City Council ADOPTED: Ordinance to AUTHORIZE a temporary encroachment into Mill Creek by REGINA M, BUHRMAN to allow an existing wooden pier and proposed stone rip rap at 2901 Sandpiper Road. (DISTRICT 7- PRINCESS ANNE) 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 Grantee and, within thirty (30) days ajier such notice is given, the temporary encroachment must be removedji-om the encroachment area by the Grantee and the Grantee will bear all costs and expenses of such removal. 3. The Grantee 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 jile or defend an action arising out of the location or existence of the temporary encroachment. 4. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 5. The Grantee agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 6. The Grantee agrees to obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction. March 9, 2004 Item V-K.3. - 42- ORDINANCES/RESOLUTIONS ITEM # 52346 (Continued) 7. The Grantee agrees, that prior to issuance of a right-of-way permit, they must post sureties, in accordance with their engineer '.I' cost estimate, to the Office of Development Services Center/Planning Department. 8. The Grantee 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 Grantee 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 Grantee 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 Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. 9. The Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 10. The Grantee must submit for review and approval, a survey of the encroachment area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans sealed by a registered profession engineer, if required by either the City Engineer's Office of the Engineering Division of the Public Works Department. 11. 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 such temporary encroachment; and, pending such removal, the City may charge the Grantee for use of the encroachment area, the equivalent of what would be the real property tax upon the land so occupied ilit were owned by the Grantee; 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 9, 2004 - 43- Item V-K.3. ORDINANCES/RESOLUTIONS ITEM # 52346 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, 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: None March 9, 2004 1 Requested by Department of Public Works 2 AN ORDINANCE TO AUTHORIZE 3 A TEMPORARY 4 ENCROACHMENT INTO A 5 PORTION OF THE CITY OWNED 6 PROPERTY KNOWN AS MILL 7 CREEK, BY REGINA M. 8 BUHRMAN, HER HEIRS, 9 ASSIGNS AND SUCCESSORS IN 10 TITLE 11 WHEREAS, Regina M. Buhrman, desires to construct and maintain a 12 proposed stone rip rap and maintain an existing wooden pier, upon the City's property 13 located at the rear of 2901 Sandpiper Road. 14 WHEREAS, City Council is authorized pursuant to ~~ 15.2-2009 and 15.2- 15 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 16 the City's properties, subject to such terms and conditions as Council may prescribe. 17 NOW, THEREFORE BE IT ORDAINED BYTHE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 That pursuant to the authority and to the extent thereof contained in ~~ 15.2- 20 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Regina M. Buhrman, her heirs, 21 assigns and successors in title are authorized to construct and maintain a temporary 22 encroachment for a proposed stone rip rap and maintain a temporary encroachment for 23 existing wooden pier on the City's property as shown on the map entitled: "Exhibit A, 24 PLAN VIEW FOR: MRS. GINA BUHRMAN 7416 TIMBERROCK RD. FALLS CHURCH, VA 25 22043," dated 8/08/03 and revised 12/15/03, a copy of which is on file in the Department 26 of Public Works and to which reference is made for a more particular description; and 27 BE IT FURTHER ORDAINED, that the temporary encroachments are .. 28 expressly subject to those terms, conditions and criteria contained in the Agreement 29 between the City of Virginia Beach and Regina M. Buhrman (the "Agreement"), which is 30 attached hereto and incorporated by reference; and 31 BE IT FURTHER ORDAINED, that the City Manager or his authorized 32 designee is hereby authorized to execute the Agreement; and 33 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 34 such time as Regina M. Buhrman and the City Manager or his authorized designee 35 execute the Agreement. 36 Adopted by the Council of the City of Virginia Beach, Virginia, on the qt-h 37 38 39 40 41 42 43 44 45 46 47 48 49 day of March ,2004. APPROVED AS TO CONTENTS /-, , (~::: (~m~(~ /f.'4'L/C 1(.J..~Ksh41t'. /i$.'T,gTe' DEPARTMENT I APPROVED AS TO LEGAL SUFFICIENCY AND~ ~~~~- CA- ql\4 PREPAREb: 1/21/04 H:\WP\ENCROACH\Buhrman\Ordinance.Feb.9,2004. wpd PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 . 1~ -- \ THIS AGREEMENT, made this 1.-- day of ttD<u'.)(\it' 2004, between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal c rporation, by and Grantor, "City", and REGINA M. BUHRMAN, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Tract C, Sec. 1, Lot 83, Sandbridge Beach," on a plat recorded in Map Book 41, at Page 7, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and being further designated and described as 2901 Sandpiper Road, Virginia Beach, Virginia 23456. WHEREAS, it is proposed by the Grantee to construct and maintain proposed stone rip rap and maintain an existing wooden dock, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Mill Creek, at the rear of2901 Sandpiper Road, "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee GPIN 2433-35-3072 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: "PLAN VIEW FOR: MRS. GINA BUHRMAN 7416 TIMBEROCK RD. FALLS CHURCH, VA 22043," 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 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. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post sureties, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, ifrequired by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 3 -~ 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 ifit 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 of local or state taxes. IN WITNESS WHEREOF, REGINA M. BUHRMAN, the said Grantee has caused this Agreement to be executed by her signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk l.L ]\A M"VV{;~ idgina M. Buhrman 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 r CITY/COUNTY OF 6 If t...l)<' , to-wit: The foregoing instrument was acknowledged before me th' , / r-eb~, 2004, by REGINA M, BUHRMAN, . Vld -- day of -' My Commission Expires: ,/3/;tf(J APPROVED AS APPROVED CONTENT AS TO TO LEGAL SUFFICIENCY {d~ ~0Y:., 5 f'v\ 'I L-L- C-/Z.E EL C"WNGl!.. of ~~"fLP C-I'nj of Vill-.G,.it-JiA: BE.A-U-\- lOSS """ /FLQOb, OHW r""t/,/ /.&'"".->~ rd, t)A'FO kNOJ6.. : ACCESS i CIMiTs oF= L.oN,STJLvc:.TJoN TO S€..M.-r;u!..~D IA) ,'n-J S N. j,.j F=ENCE /"r"Fc .,{\ EAi~';~ "'DOc..k.-'Tb 2..E:MAlN Pfe..opr>~e.J:> /" 8ot.....;=. ;~ , I '0 '" ,'0'" f'>j 1'\ ," '" '" , " vJ _~__~_'1~..:.- J!,""Z' " oi "', /-STY -. 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ORDINANCES/RESOLUTIONS ITEM # 52347 Upon motion by Vice Mayor Jones, seconded by Council Lady Eure, City Council ADOPTED: Ordinance to ESTABLISH two new Capital Projects andAPPROPRlATE $707,278 in FY 2001-02 School Reversion Funds re School Bus Facility Renovation and Expansion AND TRANSFER $75,000 to High Schools Addition Study Voting' 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, 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: None March 9, 2004 1 AN ORDINANCE TO ESTABLISH TWO NEW 2 CAPITAL PROJECTS, TO APPROPRIATE 3 $707,278 IN FY 2001-02 VIRGINIA 4 BEACH SCHOOL REVERSION FUNDS TO 5 PROJECT #1-078, "SCHOOL BUS FACILITY 6 RENOVATION/EXPANSION," AND TO 7 TRANSFER $75,000 TO PROJECT #1-034, 8 "HIGH SCHOOLS ADDITION STUDY" 9 WHEREAS, on February 4, 2003, the City Council postponed an 10 appropriation of $707,278 of FY 2001-02 school reversion funds to a 11 proposed School bus facility pending further study; 12 WHEREAS, the City/School Service Consolidation Committee has 13 recommended that the proposed School bus facility be funded; and 14 WHEREAS, on February 17, 2004, the School Board adopted a 15 resolution to transfer $75,000 to newly created project #1-034, 16 "High Schools Addition Study." 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 1. That Capital Improvement Projects #1-078, "School Bus 20 Facility Renovation/Expansion," and #1-034, "High Schools Addition 21 Study," are hereby established in the FY 2003-04 Capital Budget. 22 2. That $707,278 of FY 2001-02 Virginia Beach School 23 reversion funds is hereby appropriated to CIP #1-078, "School Bus 24 Facility Renovation/Expansion." 25 3. That $75,000 is hereby transferred from CIP #1-062, "ADA 26 School Modification," to CIP #1-034, "High Schools Addition Study." 27 28 Adopted by the Council of the City of Virginia Beach, Virginia 29 on the qt-h day of M"rch 2004. CA-9147 GG\orders\ReversionFundord.doc R-l March 2, 2004 APPROVED AS TO CONTENT ~~n:se~ APPROVED AS TO LEGAL SUFFICIENCY ~rn~ ~:;r~, (If. 2 - 45- Item V-K.5a1b/c/d/e ORDINANCES/RESOLUTIONS ITEM # 52348 Upon motion by Vice Mayor Jones, seconded by Council Lady Eure, City Council ADOPTED: Ordinances to APPROPRIATE: a. $250,410 to the Beach/Major Events program of the Tourism Growth and Investment Fund's (TGIF) FY 2003-04 budget re Oceanfront Entertainment b. $190,540 re Parks and Recreation's lea..e-purchase of' cardiovascular exercise machines and TRANSFER $23,178 within the Department's budget for acquisition of recreation equipment c. $58,953 from the sale of weapons to Police Officers to the Police Department's 2003-04 budget for purchase of replacement service weapons d. $10,000 donation from Charles Barker Champions for Charity to the Police Department's FY 2003-04 budget re expansion of the Drunk Driving (DUI) Education Program e. $10,046 in State Funds and $25,887 in Gift Funds to the Department of Mental Health, Mental Retardation and Substance Abuse Services (MHMRSA) FY 2003-04 Operating Budget re Day Support Services, Infant Services and Skill Quest Programs Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, 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: None March 9, 2004 1 2 3 4 5 6 7 8 AN ORDINANCE TO APPROPRIATE $250,410 FROM FUND BALANCE OF THE GENERAL FUND TO THE TOURISM GROWTH AND INVESTMENT FUND'S FY 2003-04 OPERATING BUDGET TO FUND OCEANFRONT ENTERTAINMENT WHEREAS, $250,410 of additional revenues have accumulated 9 to the fund balance of the General Fund and should be 10 appropriated to the Beach/Maj or Events Program in the Tourism 11 Growth and Investment Fund ("TGIF"). 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 13 OF VIRGINIA BEACH, Virginia: 14 That $250,410 of fund balance from the General Fund is 15 hereby appropriated to the TGIF Fund in the FY 2003-04 Operating 16 Budget to fund Oceanfront entertainment, with revenues increased 17 accordingly. 18 19 Adopted by the Council of the City of Virginia Beach, 20 Virginia on the 9th day of March , 2004. CA-9131 H:\GG\orders\beacheventord.doc R-2 February 20, 2004 Approved as to Legal Sufficiency: k---cr ~~ City Attorn s Off ce 1 2 3 4 5 6 AN ORDINANCE TO APPROPRIATE $190,540 FROM THE PROCEEDS OF A LEASE PURCHASE FINANCING TO THE DEPARTMENT OF PARKS AND RECREATION, AND TRANSFER $23,178 WITHIN THE DEPARTMENT'S BUDGET, FOR THE ACQUISITION OF RECREATION EQUIPMENT 7 WHEREAS, the Department of Parks and Recreation has determined 8 that entering into a lease-purchase agreement will provide more 9 timely replacement of recreation equipment and maintenance cost 10 savings. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 1. That $190,540 in proceeds from a lease-purchase financing 14 is hereby appropriated to the Department of Parks and Recreation's 15 FY 2003-04 Operating Budget for the acquisition of recreation 16 equipment. 17 2. That $23,178 is hereby transferred within the Department 18 of Parks and Recreation's FY 2003-04 Operating Budget to make the 19 debt payments as required by the recreation equipment lease- 20 purchase agreement, 21 3. That estimated revenue from the proceeds of a lease- 22 purchase financing is hereby increased in the FY 2003-04 Operating 23 Budget by $190,540. 24 Adopted by the Council of the City of Virginia Beach, Virginia 25 on the 9th day of March , 2004. 26 CA-9136 H:\orders\Parks & Rec Equipment Lease.ord.doc R2 February 26, 2004 APPROVED AS TO CONTENT: }')~Q,~ Management Services APPROVED AS TO LEGAL SUFFICIENCY: ~S:~ City AttorneY'S~fiCe . 1 2 3 4 5 AN ORDINANCE TO APPROPRIATE $58,953 IN REVENUE FROM THE SALE OF WEAPONS TO POLICE OFFICERS TO THE POLICE DEPARTMENT'S FY 2003- 04 OPERATING BUDGET FOR THE PURCHASE OF REPLACEMENT SERVICE WEAPONS 6 WHEREAS, Virginia Beach police officers have the 7 opportunity to purchase older model service weapons for personal 8 use, with the revenue from the sale dedicated to the purchase of 9 newer model service weapons. 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 11 OF VIRGINIA BEACH, Virginia: 12 That $58,953 in revenue from the sale of weapons to police 13 officers is hereby appropriated to the Police Department's FY 14 2003-04 Operating Budget, to purchase newer model service 15 weapons, with revenue increased accordingly. 16 Adopted by the Council of the City of Virginia Beach, 17 Virginia on the 9th day of March, 2004. CA-9135 GG/orders/Police Weapons Replacement.ord Feb. 24, 2004 R2 ~!0)~ Q ~~ Approved as to Legal Sufficiency: Approved as to Content: Management Services ~ rfc~~ II City Attorney's Office 1 2 3 4 5 6 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $10,000 DONATION FROM CHARLES BARKER CHAMPIONS FOR CHARITY TO THE POLICE DEPARTMENT'S FY 2003-04 OPERATING BUDGET FOR EXPANSION OF THE DRUNK DRIVING EDUCATION PROGRAM 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, Virginia: 9 That a $10,000 donation from Charles Barker Champions for 10 Charity is hereby accepted and appropriated to the Police 11 Department's FY 2003-04 Operating Budget to expand the drunk 12 driving education program, with revenue increased accordingly. 13 Adopted by the Council of the City of Virginia Beach, 14 Virginia on the 9th da,y of March , 2004. CA9126 H:\GG\OrdRes\15 Minutes Ord.doc R-l February 11, 2004 Approved as to Content Approved as to Legal Sufficiency VM Q ~ ) C~~y~O~ ,T Management Services 1 1 AN ORDINANCE TO APPROPRIATE $10,046 IN STATE 2 FUNDS AND $25,887 IN THE GIFT FUNDS TO THE 3 DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION 4 AND SUBSTANCE ABUSE SERVICES' FY 2003-04 5 OPERATING BUDGET TO FUND EQUIPMENT, DAY SUPPORT 6 SERVICES, THE INFANT SERVICES PROGRAM AND THE 7 SKILLQUEST PROGRAM. 8 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 1. That $10,046 of state funds from the Virginia 13 Department of Mental Health, Mental Retardation, and Substance 14 Abuse Services is hereby appropriated to the FY 2003-04 Operating 15 Budget of the Department of Mental Health, Mental Retardation and 16 Substance Abuse Services to fund equipment purchases and day 17 support services. 18 2 . That $25,887 in gift funds is hereby accepted and 19 appropriated to the FY 2003-04 Operating Budget of the Department 20 of Mental Health, Mental Retardation and Substance Abuse Services 21 to support the Infant Services Program and the SkillQuest Program. 22 3. That in the FY 2003-04 Operating Budget, estimated 23 state revenue is hereby increased by $10,046, and estimated gift 24 fund revenue is hereby increased by $25,887. 25 26 Adopted by the Council of the City of Virginia Beach, Virginia 27 on the 9th day of March ,2004. 28 29 Requires an affirmative vote by a majority of the members 30 of City Council. 31 CA-9139 H:/GG/orders/MHMRSAS Gift Fund Ord.doc R3 February 26, 2004 APPROVED AS TO CONTENT: ~~e~;L~''I{l~ APPROVED AS TO LEGAL SUFFICIENCY: ~tf~f[e CA-9139 H:/GG/orders/MHMRSAS Gift Fund Ord.doc R3 February 26, 2004 APPROVED AS TO CONTENT: ~e~"~iC~ APPROVED AS TO LEGAL SUFFICIENCY: ~ - 46- Item V-K.6, ORDINANCES/RESOLUTIONS ITEM # 52349 Upon motion by Vice Mayor Jones, seconded by Council Lady Eure, City Council ADOPTED: Resolution to amend Resolution 3028 establishing the TASK FORCE ON LAND USE IN AIR INSTALLATIONS COMPATIBLE USE ZONES (AICUZ) to increase their membership to six (6). Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, 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: None March 9, 2004 T-"--'-~-'-'''''-I''''"" 1 2 3 4 5 6 7 A RESOLUTION INCREASING THE NUMBER OF MEMBERS OF THE TASK FORCE ON LAND USE IN AIR INSTALLATIONS COMPATIBLE USE ZONES (AICUZ) WHEREAS, by Resolution No. 3028, adopted on December 8 9, 2003, the City Council established the Task Force on Land Use 9 in Air Installations Compatible Use Zones (AICUZ) (the "Task 10 ForceR); and 11 WHEREAS, the aforesaid Resolution provided that the 12 Task Force was to be comprised of five (5) members appointed by 13 City Council; and 14 WHEREAS, the City Council deems it appropriate to 15 expand the membership of the Task Force; 16 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 17 CITY OF VIRGINIA BEACH, VIRGINIA: 18 FIRST: 19 That the Task Force on Land Use in Air Installations 20 Compatible Use Zones (AICUZ) shall be comprised of six (6) 21 members appointed by the City Council; 22 Second: 23 That all other provisions of Resolution No. 3028 shall 24 remain in full force and effect; and 25 THIRD: 26 That this Resolution shall apply retroactively to 27 February 24, 2004. 28 Adopted by the Council of the City of Virginia Beach, 29 Virginia, on the 9th day of March , 2004. CA-9143 OID/ordres/AICUZmemberres.doc R-2 February 27, 2004 APPROVED AS TO LEGAL SUFFICIENCY: mW/Ii#., t,~!JJ 2 - 47- Item V-K.7. ORDINANCES/RESOLUTIONS ADD-ON ITEM # 52350 Upon motion by Vice Mayor Jones, seconded by Council Lady Eure, City Council ADOPTED: Resolution re membership increase for Old Beach District Master Plan Advisory Committee Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R, Jones, Reba S. McClanan, Richard A, Maddox, 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: None March 9, 2004 t'......__..__._.---~"--_.- 1 REQUESTED BY COUNCILMEMBER RICHARD A. MADDOX 2 3 A RESOLUTION ESTABLISHING THE OLD BEACH DISTRICT MASTER PLAN ADVISORY COMMITTEE 4 WHEREAS, on August 5, 2003, the City Council received a 5 summary of the financial and economic analysis of the development 6 of the Old Beach Master plan and an update on the status of this 7 project; and 8 WHEREAS, it is the sense of the City Council that there 9 should be appointed a citizens committee to study certain issues 10 concerning the implementation of the Old Beach Master Plan, as set 11 forth hereinbelow. 12 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 13 OF VIRGINIA BEACH, VIRGINIA: 14 That the City Council hereby constitutes and establishes 15 the Old Beach Master Plan Advisory Committee (the "Committee"). 16 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 1. That the Committee shall consist of Lh':':cteen (IJ) 19 members, to be appointed by the City Council; 20 2 . That two (2) members of City Council shall be 21 appointed as nonvoting Council liaisons to the Committee; 22 3, That the Mission of the Committee is as follows: (1) 23 to familiarize itself with the "Creating an Old Beach District 24 Center" study dated February 14, 2003 ("Old Beach District Study") 25 and the market analysis prepared by URS, Bus Rapid Transit studies, 26 and any other studies pertinent to the development of the area; (2) 27 to lead and engage the public in general and specific groups in the 28 discussion of plan design elements, with the groups to include the 29 Resort Advisory Committee, Planning Commission, Hampton Roads 30 Transit, and City Council and to bring forward recommendations to 31 City Council on the adoption of the Old Beach Master Plan, for 32 final approval by City Council on or before January 27, 2004; (3) 33 to work within the framework of the Old Beach District Study and 34 with City staff and consultants to develop an aesthetics and urban 35 design plan for the Corridor for recommendation to City Council; 36 (4) to identify and prioritize a series of recommended projects and 37 actions to implement the aesthetics and urban design plan, 38 including right of way acquisition and development of linear parks; 39 (5) to evaluate the use and feasibility of public-private 40 partnerships to achieve the goals and recommendations of the Old 41 Beach District Study; and (6) to investigate alternative funding 42 sources for projects in the Corridor; and 43 4. That, unless extended by City Council, the 44 Committee's mission will expire on July 1, 2004. 45 Adopted by the Council of the City of Virginia Beach, 46 Virginia, on the 9th day of March, 2004. APPROVED AS TO LEGAL SUFFICIENCY: City CA - 9191 March 9, 2004 R-I H/P&A/GG/ORDs/Res/old beach VTV 2 - 48- Item V-K.B. ORDINANCES/RESOLUTIONS ADD-ON ITEM # 52351 Upon motion by Vice Mayor Jones, seconded by Council Lady Eure, City Council ADOPTED: Resolution requesting the Virginia General Assembly ADOPT a budget that will enable the Commonwealth to meet its responsibilities to citizens and local governments Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, 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: None March 9, 2004 ----.~--T Requested by Mayor Meyera E. Oberndorf 1 A RESOLUTION REQUESTING THAT THE 2 GENERAL ASSEMBLY ADOPT A BUDGET 3 THAT WILL ENABLE THE COMMONWEALTH 4 TO MEET ITS RESPONSIBILITIES TO 5 CITIZENS AND LOCAL GOVERNMENTS 6 7 WHEREAS, one of the primary responsibilities of the General 8 Assembly is to fund basic services to the citizens of Virginia, 9 such as education, transportation, and mental health services; 10 WHEREAS, the Virginia General Assembly is now deliberating lIon the adoption of a biennial budget, and the House and Senate 12 have adopted budgets that are widely divergent; 13 WHEREAS, the Senate proposal recognizes the shortfall in 14 revenue for providing basic services to the citizens of Virginia 15 and the need for tax reform, by increasing revenue across the 16 Commonwealth through a mix of tax increases and relief; 17 WHEREAS, the Senate proposal will make a maj or, overdue 18 investment by the Commonwealth in public education by addressing 19 important revisions in the Standards of Quality proposed by both 20 the State Board of Education and the General Assembly's own 21 Joint Legislative Audit and Review Commission; 22 WHEREAS, this proposal will also fund the Commonwealth's 23 share of other statutory commitments, such as HB 599 and state 24 per diem payments for prisoners in local jails, and permit 25 investment in the under-funded and overburdened transportation 26 system; 27 WHEREAS, the House proposal will provide less revenue, but 28 does represent progress in recognizing the increased need for 29 state revenues; 30 WHEREAS, the City Council wishes to emphasize that 31 investing in Virginia's core responsibilities will stop the 32 increasing pressure on localities as the Commonwealth slips 33 further behind in meeting its basic commitments and continues to 34 pass these burdens along to local governments, which results in 35 the City of Virginia Beach being required to increase local 36 taxes to address the Commonwealth's under-funding of education 37 and other services. 38 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 39 OF VIRGINIA BEACH, VIRGINIA: 40 1. That the City Council hereby requests the General 41 Assembly to adopt a budget that will enable the Commonwealth to 42 meet its funding responsibilities for basic citizen services and 43 ease the burden on local governments. 44 2 . That the City Council hereby expresses its support of 45 tax restructuring by the General Assembly that will make 46 Virginia's tax system more responsive to the 21st century economy 47 and enable the state to meet its financial obligations. 48 49 3. That the General Assembly is requested to adopt a 50 budget as quickly as possible so that the local budgeting 51 process may move forward with some certainty. 52 53 Adopted by the City Council of the City of Virginia Beach, 54 Virginia, on this _~~h____ day of March , 2004. CA-9161 GG\orders\SenateBudgetord.doc R-5 March 9, 2004 APPROVED AS TO LEGAL SUFFICIENCY: ~ City Atto - 49- Item V-L. PLANNING ITEM # 52352 I. F. DONALD REID 2. NORTH LANDING DEVELOPMENT, L.L.c. 3. VIRGINIA BEACH FREEWILL BAPTIST CHURCH 4. KRAMER RED MILL #20, L.L.C. 5. SHORELINE INVESTMENTS, L.L.C. 6. VIRGINIA BEACH DEVELOPMENT AUTHORITY CONDITIONAL CHANGE OF ZONING VARIANCE CONDITIONAL USE PERMIT MODIFICATION OF PROFFERS (Conditional Change of Zoning ApprtJved 2/8/94) MODIFICATION of Condition (Conditional Use Permit Approved 9/9/2003) CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING March 9, 2004 - 50- Item V-L. PLANNING ITEM # 52353 Upon motion by Vice Mayor Jones, seconded by Council Lady Eure, City Council APPROVED IN ONE MOTION Items 1 (DEFERRED), 2, 3, 5 (AS REVISE) and 6 of the PLANNING BY CONSENT AGENDA. Item 1 (REID) was DEFERRED, BY CONSENT, until the City Council Session of March 23,2004. Item 5 (SHORELINE INVESTMENTS) was APPROVED, BY CONSENT, with Revised Conditions Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, 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: None March 9, 2004 - 51 - Item V-L.1. PLANNING ITEM # 52354 Upon motion by Vice Mayor Jones, seconded by Council Lady Eure, City Council DEFERRED, until March 23, 2004: RECONSIDERATION of the Ordinances upon application ofF. DONALD REID for a Conditional Change of Zoning District Classification, Variance to :,1' 4.4 (b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO), and Conditional Use Permit (Approved by City Council: 2/10/04) Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for F. Donald Reid. Property is located at 3592 Indian River Road (GPlN 1483386300). DISTRICT 7 - PRINCESS ANNE ORDINANCE UPON APPLICATION OF F. DONALD REID FOR A CHANGE OF ZONING DISTRICT CLASSIFJCA TION FROM AG-l AND AG-2 TO CONDITIONAL R-20 Z02041176 Ordinance upon Application of F. Donald Reid for a Chani!e of Zonini! District Classification from AG-l and AG-2 Agricultural Districts to Conditional R-20 Residential District on property located at 3592 Indian River Road (GPlN 1483386300). The Comprehensive Plan recommends use of this property for appropriate growth opportunities consistent with the economic vitality policies of the City of Virginia Beach. DISTRICT 7 - PRINCESS ANNE AND, ORDINANCE UPON APPLICATION OF F. DONALD REID FOR A CONDITIONAL USE PERMIT FOR OPEN SPACE PROMOTION R020431159 Ordinance upon Application of F. Donald Reid for a Conditional Use Permit for Open Space Promotion on property located at 3592 Indian River Road (GPIN 1483386300). DISTRICT 7 - PRINCESS ANNE Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret 1.. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 9, 2004 - 52- Item V-I.2. PLANNING ITEM # 52355 Upon motion by Vice Mayor Jones, seconded by Council Lady Eure, City Council MODIFIED PROFFERS to allow larger buildings re Ordinance upon Application of NORTH LANDING DEVELOPMENT, I.I.c. (Conditional Change of Zoning Approved 2/8/2004) Ordinance upon Application of North Landing Development, L.L. C. for a Modification orConditions approved by City Council on February 8, 1994. Property is located at 2484 North Landing Road (GPIN 14948115330000). DISTRICT 7 - PRINCESS ANNE The following condition shall be required: 1. An agreement encompassing the modified proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. Proffer 1: The original specifies a site design that would allow two additional buildings of only approximately 1,800 square feet each. The applicant has requested to modifY this proffer to allow for larger buildings (7,500 square feet each). The new proffered site plan also shows additional parking to meet the needs of the new retail area. Extensive landscaped areas are included, as well as several pedestrian crosswalks linking each of the buildings and adjacent public sidewalks. Proffer 2: will remain essentially the same, but has moved to new Proffer No.9. The proffer has been changed slightly to allow for restaurants with carry-out food. Proffer 3: requested to be removed as all of the requirements specified therein have been met or are no longer applicable. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, 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: None March 9, 2004 F'"ORM NO. P.S. 18 City e>f Virgirl..ia Beach INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-5799 DATE: February 25, 2004 TO: Leslie L. Lilley B. Kay Wilson ~ DEPT: City Attorney FROM: DEPT: City Attorney RE: Conditional Zoning Application North Landing Development, L.L.C. The above-referenced conditional zoning application is scheduled to be heard by the City Council on March 9, 2004. I have reviewed the subject proffer agreement, dated December 22, 2003, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure Prepared BylReturn To: Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, Virginia 23462 AGREEMENT THIS AGREEMENT is made this 22. ~ day of December 2003, by and between NORTH LANDING DEVELOPMENT, L.L.c., a Virginia limited liability company ("Grantor"), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("Grantee"). WI TNE SSE TH: . WHEREAS, Grantor owns that certain property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 3.4 acres, more or less, and being more particularly described in Exhibit A attached to this Agreement (the "Property"); and WHEREAS, the Property is presently zoned Conditional B-1A and is subject to the Covenants, Restrictions and Conditions, dated January 6, 1994, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Deed Book 3347, at page 148, and adopted as part of a previous amendment to the Zoning Map of the City of Virginia Beach (the "Proffers"); and WHEREAS, Grantor intends to develop, operate, and use the Property for one or more purposes different than contemplated in the Proffers, and Grantor has initiated an amendment of the Zoning Map requesting that the Proffers be terminated in their entirety and replaced with the covenants, restrictions and conditions of this Agreement; WHEREAS, the Grantee's policy is to provide only for the orderly development ofland for various purposes, including mixed use purposes, through zoning and other land development legislation; and GPINs: 1494-81-1533 WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned B-IA are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed amendment to the Zoning Map, in addition to the regulations provided for in the existing B-1 A zoning district by the existing City's Zoning Ordinance ("CZO"), the following reasonable conditions related to the physical development, operation and use of the Property, to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part ofthe amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. 2 NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro qUO for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these proffers shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. All development of the Property shall be performed in substantial conformance with the plan titled "Zoning Exhibit of Princess Anne Shoppes", dated August 15, 2003, and prepared by Kellam-GeIWitz Engineering, Inc., which plan has been exhibited to the City Council and is on file in the Planning Department of the City of Virginia Beach (the "Site Plan"). 2. In connection with development of the Property, the Property shall be landscaped in substantial conformance with the landscaping shown on the Site Plan. Evergreen landscaping meeting the requirements of Category IV of the City of Virginia Beach Landscaping Guide shall be installed between the rear of Building #2 shown on the Site Plan and the boundary line of the Property. 3. Building #1 and Building #2, as shown on the Site Plan, shall be constructed in substantial conformance with the building elevations titled "Princess Anne Shoppes, Virginia Beach, Virginia", which elevations have been expjbited to the City Council and are on file with the Planning Department of the City of Virginia Beach (the "Elevations"). Building #1 and Building #2 shall be constructed using architectural materials and color schemes also shown on the Elevations. 4. All free-standing signs shall be monument style signs, constructed in substantial conformance with the "Entrance Signage" shown on the Elevations. All building signs for the tenants of Buildings #1 and Building #2 shall be located immediately above each tenant's front 3 entrance, in substantial conformance with the "Shop Signage" shown on the Elevations. No external signs upon the Property shall be internally-illuminated, but may be illuminated by directed external lighting. No signs may be installed on the roof of any building located upon the Property. 5. The refuse collection area located at the rear of the building situated at the corner of North Landing Road and George Mason Drive, as shown on the Site Plan, shall be screened by an enclosure constructed of building materials substantially similar in color, design and style to those used for the existing building. The encbsure area screen shall be completed prior to the issuance of an occupancy permit for Building #1 or Building #2 and shall be substantially completed as shown on the exhibit titled "Details, Princess Anne Shoppes, Virginia Beach, Virginia", which has been exhibited to the City Council and is on file in the Planning Department of the City of Virginia Beach. 6. All exterior site lighting, except for lighting for signs and landscaping, shall be substantially similar in design and style to the exterior site lighting used for the existing building located at the corner of North Landing Road and George Mason Drive. 7. Any heating, ventilation and air-conditioning ("HV AC") equipment installed on the roof of any building shall be screened from the view, using screening materials and design substantially similar to the screening used for the existing building located at the corner of North Landing Road and George Mason Drive. Any HV AC equipment installed at ground level shall be screened with landscaping approved by the Planning Director, or his designee. 8. As a condition of site plan approval for the proposed development, a right-turn lane and a left-turn lane shall be installed along North Landing Road, substantially as shown on the Site Plan. 9. The Property shall not be developed for or devoted to any of the following uses: (a) Business and vocational schools; (b) Funeral homes; 4 (c) Grocery stores or convenience stores; (d) Marinas; (e) Mini-warehouses; (f) Veterinary establishments and commercial kennels. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Proffers dated January 6, 1994 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 3347, at Page 148 are hereby terminated arId revoked in their entirety. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing oflegal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. This Agreement may be signed in one or more counterparts which, upon execution by all the parties, shall constitute a single agreement. [Separate Signature Page Follows] 5 IN WITNESS WHEREOF, the foregoing Agreement is executed by the parties of the date first written above, GRANTOR: NORTH LANDING DEVELOPMENT, L.L.C" a Virginia limited Ii 'lity comp y By: COMMONWEALTH OF VIRGINIA COUNTY/CITY OF ~M ~ch ,to-wit: The foregoing instrument was acknowledged before me this ~ay of J~/lJ.~r 2003, by Ronald A. MacAulay, in his capacity as Manager of North Landing Development, L.L.C, a Vir~~a limited yability company, on its behalf, and that he is personally known to me or produced U\UP.r:<\ Lt'P ^' ~e as identification, ~;c9 JJeYvnxbl / Notary Public My Commission Expires: ~(3110{ 6 Exhibit A All that certain tract, piece or parcel of land, situated in the Princess Anne Borough, City of Virginia Beach, Virginia, designated as Parcel BI as shown on that certain plat titled "SUBDIVISION OF LOTS A & B SUBDIVISION OF BREWER PROPERTY", Scale I" = 100', dated March 26, 1994, made by KeIlam-Gerwitz Engineering, Inc., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 238, at Page 79, together with a perpetual non-exclusive easement designated "Cross Access Easement for Lots BI, B2 and B3," as shown on the aforesaid plat and a perpetual non-exclusive easement designated by "10' x 200' Private Utility Easement Hereby Dedicated", as shown on the aforesaid plat. 253894vl 7 - 53- Item V-L.3. PLANNING ITEM # 52356 Upon motion by Vice Mayor Jones, seconded by Council Lady Eure, City Council MODIFIED the condition to allow /39 children re Ordinance upon application of VIRGINIA BEACH FREEWILL BAPTIST CHURCH (Conditional Use Permit Approved: 9/9/2003) ORDINANCE UPON APPLICATION OF VIRGINIA BEACH FREEWILL BAPTIST CHURCH FORA MODI FICA TION OF A CONDITIONAL USE PERMIT FORA CHILD CARE CENTERAPPROVED BY CITY COUNCIL (9/9/2003). Ordinance upon Application of Virginia Beach Freewill Baptist Church for a Modification of a Conditional Use Permit for a child care center approved by City Council on September 9, 2003. Property is located at 210 South Witchduck Road (GPIN 14677292620000). DISTRICT 2 - KEMPSVILLE Condition Number 1 of the September 9, 2003, Conditional Use Permit is deleted and replaced with the following: 1. The childcare and education center is limited to an enrollment of 139 children. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 9, 2004 - 54- Item V-L.4. PLANNING ITEM # 52357 Attorney Warren Tisdale, represented the applicant, requested Condition No.9 be amended to allow hours of operation on Sunday from 10:00 A.M. to 4:00 P.M. Kramer has six (6) other locations in the City and there are no limitations with respect to hours of operation. Upon motion hy Councilman Reeve, seconded by Councilman Wood, City Council DEFERRED to March 23,2004, Ordinance upon application of KRAMER RED MILL #20, L.L.c.: ORDINANCE UPON APPLICATION OF KRAMER RED MILL #20, L.L.c. FOR A CONDITIONAL USE PERMIT Ordinance upon application of Kramer Red Mill #20, L.L.c. for a Conditional Use Permit for an automobile repair establishment on property located on the south side of Nimmo Parkway, approximately 291.77 feet east of Upton Drive (GPIN 2414451824000(1). DISTRICT 7- PRINCESS ANNE This DEFERRAL will allow the residents to be advised of the proposed Sunday hours. Councilman Reeve referenced additional Condition 1 I. The applicant has concurred with this condition. 1 I. In lieu of the wax myrtle trees adjacent to the fence on the eastern side of the site, as depicted on the site plan referenced in Condition 1, the fence shall be supplemented with Leyland Cypress or equivalent tree. Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve. Peter W Schmidt, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Memhers Abstaining: Rosemary Wilson Council Members Absent: None Council Lady Wilson DISCLOSED and ABSTAINED Pursuant to Conflict of Interests Act S 2.2-31 I5 (E) her husband is a principal in the accountingfirm of Goodman and Company and earns compensation which exceeds $10,000.00 annually. Goodman and Company provides services to Lakeside Construction Corporation. Lakeside Construction Corporation owns the property relative the Kramer Red Mill #20 L.L. C 's application. Council Lady Wilson's hushand personally provides services to Lakeside Construction Corporation. Council Lady Wilson's letter of March 9, 2004, is hereby made a part of the record. March 9, 2004 Cityof'Virgir1ia I:3eacn ROSEMARY WILSON COUNCIL LADY + AHARGE PHONE: (757) 422-0733 FAX: (757)426-5669 March 9, 2004 Mrs. Ruth Hodges Smith, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Dear Mrs. Smith: Re: Disclosure Pursuant to Code of Virginia S 2.2-3115(E) Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: I. I am executing this written disclosure regarding City Council's discussion and vote on Kramer Red Mill #20 L.L.C.'s application for a Conditional Use Permt for an automobile repair establishment on property located on the south side of Nimmo Parkway, approximately 291. 77 feet east of Upton Drive (GPIN 24144518240000). The property is owned by Lakeside Construction Corporation. 2. Lakeside Construction Corporation is a client of the accounting firm, Goodman and Company. My husband is a principal in Goodman and Company. 3. My husband personally provides services to Lakeside Construction Corporation. 4. I wish to disclose my interest in this transaction and abstain from City Council's consideration of the matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. 310 53r;jDSTREET, VIRGINIA BEACH, VA 23451 Mrs. Ruth Hodges Smith -2- March 9,2004 Re: Disclosure Pursuant to Conflict of Interests Act S 2.2-3115 (E) Thank you for your assistance and cooperation in this matter. Sincerely, ..~ (;!L/~ I ROs~ilson Councilmember RAW /RRI - 55- Item V-L.5. PLANNING ITEM # 52358 Upon motion by Vice Mayor Jones, seconded by Council Lady Eure, City Council ADOPTED, with Revised Conditions, an Ordinance upon application of SHORELINE INVESTMENTS, L.L.c. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF SHORELINE INVESTMENTS, L.L.C. FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES R030431165 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Shoreline Investments, 1.1. C. for a Conditional Use Permit for motor vehicle sales (used) on property located at 5409 and 5417 Virginia Beach Boulevard (GPINS 14675732390000; 14675723010000). DISTRICT2 - KEMPSVILLE The following conditions shall be required: 1. All required parking spaces must be marked (painted) clearly on the site, including installing the required handicap spaces in accordance with Americans with Disabilities Act (ADA) regulations. 2. The repair of automobiles, or outside storage of parts, equipment, or wrecked and/or inoperative vehicles shall not be permitted on the site. 3. In addition to all required landscaping for Display Areas, Foundation Plantings, Interior Parking Lot Landscaping, and Screening, a minimum landscape strip ten (10) feet wide shall be installed along each public right-ol-way, planted in accordance with the standards for streetscape landscaping as set forth in the City's Landscape Guide. 4. Where a six (6) feet high solid fence does not currently exist, a minimum six (6) foot high solidfence shall be installed along the rear (southern) property line in addition to the required landscape screening. The fence shall be installed immediately adjacent to the property line; the 15 feet of all required buffer plantings shall be planted to the north of the fence. Chain link fencing is not permitted. 5. No vehicles shall be displayed on raised platforms. 6. No advertising banners, streamers, balloons or pennants shall be permitted. 7. No outdoor public address system or paging system shall be used. March 9, 2004 ".-..T - 56- Item V-L.5. PLANNING ITEM # 52358 (Continued) 8. A Certificate of Occupancy shall be obtained from the "Building Official" prior to occupancy. 9. Any freestanding sign shall be monument style not to exceed six (6) feet in height with a brick base to match the existing structure. 1 O. Parking space and display area .'paces must be clearly delineated on site plan and the parking lot must be striped in accordance with the approved plan. Vehicles are to be parked in the designated areas and no vehicles shall be parked within any portion of the public right-af-way. 11. All lighting on the site shall be directed to the interior of the site and away from adjacent residential homes. 12. Any significantJuture modifications to the building (removal and replacement, change in exterior material, etc), other than what is depicted on the elevation entitled Oceanside Auto Group, L.L.c., prepared by Architectural Link, dated December 22, 2003, shall require additional review and approval by City Council. This Ordinance shall be effective in accordance with Section 107 (/) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of March, Two Thousand Four Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, 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: None March 9, 2004 "-"~._-,-- - 57- Item V-L.6. PLANNING ITEM # 52359 Upon motion by Vice Mayor Jones, seconded by Council Lady Eure, City Council ADOPTED an Ordinance upon application of CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-3 TO CONDITIONAL B-3A Z03041182 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of the City of Virginia Beach Development Authority for a Chanlle o{Zoninll District Classification from B-3 Central Business District to Conditional B-3A Pembroke Central Business Core District on property located at the northwest intersection of Garrett Drive and Columbus Street. The Comprehensive Plan identifies this site as being within the Pembroke Strategic Growth Area. (GPINS 14774484440000;- 75940000; -64930000; -85940000). DISTRICT 5 - LYNNHA VEN The follOWing condition shall be required: 1. Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of March, Two Thousand Four Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndw{, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 9, 2004 FORM NO. P.S. 18 City of' Virgirl.ia Beach. INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-5859 DATE: February 25, 2004 TO: Leslie L. Lilley B. Kay WiISO~ DEPT: City Attorney FROM: DEPT: City Attorney RE: Conditional Zoning Application City of Virginia Beach Development Authority The above-referenced conditional zoning application is scheduled to be heard by the City Council on March 9, 2004. I have reviewed the subject proffer agreement, dated October 21,2003, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure Prepared by: Faggert & Frieden, P.c. 222 Central Park Avenue Suite I3 00 Virginia Beach, Virginia 23462 AGREEMENT THIS AGREEMENT, made this 21st day of October, 2003, by and between the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia (the "Authority", and for indexing purposes, the "Grantor"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "City", and for indexing purposes, the "Grantee"). WITNESSETH: WHEREAS, the Authority has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the City, so as to change the classification from B-3 to B-3 A Conditional on certain property which contains a total of 1.4 acres, more or less, located in the Lynnhaven Election District of the City of Virginia Beach, Virginia, more particularly described in the attached Exhibit A (hereinafter the "Property"); and WHEREAS, the City's policy is to provide only for the orderly development ofland for various purposes, including mixed use purposes, through zoning and other land development legislation; and WHEREAS, the Authority acknowledges that the competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned B-3A are needed to cope with the situation to which the Authority's rezoning application gives rise; and WHEREAS, the Authority has voluntarily proffered in writing in advance of and prior to the public hearing before the City, as part of the proposed conditional amendment to the Zoning GPIN Nos.: 1477-44-8444-0000, 1477-44-6493-0000 1477-44-7594-0000, 1477-44-8594-0000 Map, in addition to the regulations provided for in the existing B-3 A zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Authority and allowed and accepted by the City as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the City in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the City, after a public hearing before the City advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Authority, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the City or its governing body and without any element of compulsion of quid pro qUO for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these Proffers shall constitute covenants running with the title to the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Authority, its successors, assigns, grantees, and other successors in title or interest, namely: The Property shall be developed in conformity with the standards, policies and 2 recommendations of (i) the Comprehensive Plan (December 2003), (ii) the Pembroke Central Business District Master Plan, and (iii) the Central Business District Urban Guidelines, City of Virginia Beach, prepared by CMSS Architects, P.C., dated May 1, 2003. In addition, the quality and architectural style and character of improvements constructed on the Property shall be substantially in conformity with that of Phases I and II of the Town Center of Virginia Beach project. Further conditions may be required by the City during detailed Site Plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the City. The Authority covenants and agrees that (1) the Zoning Administrator of the City shall be vested with all necessary authority on behalf of the governing body of the City to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Authority shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of 3 the Authority and the City. This Agreement may be executed in counterparts or by using counterpart signature pages. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of V i~ inia ATTEST: (SEAL) By: Name: -:So -e.'7 Title: Chairman I Vise Cha:i,<llltll COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing Instrument was acknowledged before me this ,;(1.sTday of ~ , 2003, by ~o\nto ,,:>., (~ "'-c>""-<Z.... '::> , Chairman I Vise Claairman of the City of Virginia Beach Development Authority, a political subdivision of the Commonwealth of Virginia, on its behalf. ~",\ ,,~/_ S\--.~ 0\'--"(", "-' Notary Public [AFFIX SEAL] My commission expires: '\-1."cr ()"\ COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing Instrument was acknowledged before me this l?pr day of ~ 2003, by\-f' ,<,'-,,-,1,\ C "~""~c'" , S.., J I 'J I Assistant Secretary, of the City of Virginia Beach Development Au ority, a political subdivision of the Commonwealth of Virginia, on its behalf. ~~~~~A l--,\-"oo\--.c,,\ Notary Public [AFFIX SEAL] My commission expires: C\ - I:,O-O<'\, 4 EXHIBIT A All those certain lots, pieces or parcels of land, situate, lying and being in the City of Virginia Beach, Virginia and more particularly described as follows: Parcel One All those certain lots, pieces, or parcels of land, together with the buildings and improvements thereon and appurtenances thereto, located, situated, lying and being in the City of Virginia Beach, State of Virginia, and known, numbered and designated as follows: Lots 15,16,17,18,19,20,21,22,37,38,39,40,41,42,43 and 44 of Block 39 on the plat of Sunnybrook in the Borough of Bayside, City of Virginia Beach, Virginia, in Map Book 5, at Page 201, said lots being of the dimensions and locations as shown on said plat. Parcel Two All those certain pieces or parcels of land situate in the City of Virginia Beach, Virginia, and being more particularly described as Lots Thirty-three (33), Thirty- four (34), Thirty-five (35) and Thirty-six (36), of Block 39, as shown on plat of Sunnybrook, duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 5, Page 201. LESS AND EXCEPT therefrom that portion of the property consisting of 0.016 Acres conveyed to the City of Virginia Beach by instrument dated March 7,1990, recorded in the aforesaid Clerk's Office in Deed Book 2904, at page 1059. Parcel Three ALL THOSE certain lots, pieces or parcels of land, situate, lying and being in the City of Virginia Beach, Virginia, as shown on the "PLAT OF SUNNYBROOK" duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 5, at page 201, being that portion of the southern one-half of "CLEVELAND STREET" which lies between the western right-of- way line of "FOURTH STREET" (now Garrett Drive) and the extension in a northerly direction of the western boundary line of Lot 15, in Block 39. 3888\086\Proffer Agreement-MHN.doc 5 - 58- Item V-M.l. APPOINTMENTS ITEM # 52360 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BOARD OF BUILDING CODE APPEALS - (a)PlumbingIMechanical (b)Building Maintance HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE-HREDA HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD MINORITY BUSINESS COUNCIL OPEN SPACE COMMITTEE PARKS and RECREATION COMMISSION PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION March 9, 2004 - 59- Item V-M.2, APPOINTMENTS J,TEM # 52361 Upon NOMINA TION by Vice Mayor Jones, City Council APPOINTED: Mary Ann Dyson Unexpired term through 12131104 PLUS 2 Years 01/1105 -12131/06 COMMUNITY POLlCY and MANAGEMENT TEAM - CSA AT-RISK YOUTH Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, 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: None March 9, 2004 - 60- Item V-M.3. APPOINTMENTS ITEM # 52362 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Suzanne Duckworth Unexpired to I2/31/05 FRANCIS LAND HOUSE BOARD OF GOVERNORS Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, 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 Absent: None March 9, 2004 - 61- Item V-M.4. APPOINTMENTS ITEM # 52363 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Captain Thomas F. Keeley JOINT LAND USE TASK FORCE No Term Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Margaret 1. Eure, Vice Mayor Louis R, Jones, Reba S. McClanan, Richard A, Maddox, 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: None March 9, 2004 - 62- Item V-M.S. APPOINTMENTS ITEM # 52364 Upon NOMINATION by Councilman Maddox, City Council APPOINTED: Rosa Lee Norman President Seatack Civic League No Term OLD BEACH DISTRICT MASTER PLAN ADVISORY COMMITTEE Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, 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: None ,-----,'"T""-__._---------'-----.---.-.,.- March 9, 2004 - 63- Item V-Po ADJOURNMENT ITEM # 52365 Mayor Meyera E. OberndorfDECLARED the City Council Meeting ADJOURNED at 6:43 P.M. ~__!ZZ~,I:>d___ Beverly O. Hooks, CMC Chief Deputy City Clerk ~~--- City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia March 9,2004