HomeMy WebLinkAboutMARCH 22, 2005 MINUTES
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
HARRY E. DlEZEL, Kempsville - District 2
ROBERT M. DYER, Centerville - District I
REBA S. McCLANAN, Rose Hall - District 3
mCHARDA. MUDDOX, Bearo-DWrid6
JIM REEVE, Princess Anne - District 7
PETER W. SCHMIDT, At-Large
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L. WOOD, Lynnhaven -District 5
CITY MANAGER - JAMES K, SPORE
CITY ATTORNEY - LESLIE 1. ULLEY
CITY CLERK - RUTH HODGES SMITH, MMC
I.
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
22 MARCH 2005
CITY MANAGER'S BRIEFING
A. STRIVING FOR EXCELLENCE
James K. Spore, City Manager
II. CITY COUNCIL COMMENTS
III. REVIEW OF AGENDA ITEMS
IV. INFORMAL SESSION
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
CiTY HALL BUiLDiNG
2401 COURTHOUSE DRIVE
VIRGiNiA BEACH, ViRGINIA 23456-8005
PHONE:(757) 427-4303
FAX (757) 426-5669
E-MAIL: Ctycncl@vbgov.com
- Conference Room -
2:00PM.
- Conference Room -
3:00PM
V. FORMAL SESSION
- Council Chamber -
6:00PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Reverend Mark Reuter
Foundry United Methodist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1.
INFORMAL AND FORMAL SESSIONS
March 8, 2005
G. MAYOR'S PRESENTATION
1. Resolution in Recognition of Steven T. Thompson, Chief Financial Officer
H. PUBLIC HEARING
1. FY 2004-05 OPERATING BUDGET
Supplemental FEMNVEMS Appropriation - Hurricane Isabel Cleanup
2. JOINT LAND USE STUDY (JLUS)
I. AGENDA FOR FORMAL SESSION
J. CONSENT AGENDA
K. ORDINANCES/RESOLUTION
1. Ordinance to AMEND ~ 18-75 of the City Code for business licenses re the definition of
"contracting ".
2. Resolution REQUESTING Governor Warner VETO Senate Bill 1054 re offshore
natural gas surveying, exploration, development and production.
3. Ordinance to AUTHORIZE the City Manager to execute an agreement with the Virginia
Department of Transportation (VDOT) for the widening of Volvo and Lynnhaven
Parkways to four lanes with soundwalls between the Heald Way intersection and the
City line.
4. Ordinance to RE-ESTABLISH parking fees at the Camp Pendleton Parking lot
(Croatan).
(DISTRICT 6 - BEACH)
5. Ordinance to AUTHORIZE a temporary encroachment into a portion of the right-of-way
at 601 Sandbridge Road by JOHN W. and JEAN F. SIEBERT to maintain an existing
identification sign for Siebert Realty.
(DISTRICT 7 - PRINCESS ANNE)
6. Ordinance to ACCEPT $13,896,735 from the Federal Emergency Management Agency
(FEMA), $3,817,906 from the Virginia Emergency Management; and, APPROPRIATE
these funds plus an additional $2,468,839 from the 2004-05 operating budget to cover
remaining costs not reimbursed from FEMA nor the State re cleanup from Hurricane
Isabel.
7. Ordinance to TRANSFER $238,282 from the Sandbridge Fire and Rescue Station, $300,000
from the Thalia Fire and Rescue Station, $121,718 from the General Booth Fire and Rescue
Station; and, APPROPRIATE $60,000 from the Fire Programs Special Revenue Fund to
the First Landing Fire and Rescue Station re the construction of a fourth bay and a training
tower .
L. PLANNING
1. Application of RICHARD K. and LILLIAN M. BOLEN for the discontinuance.
closure and abandonment of an unnamed, unimproved right-of-way on Ewell Road at
Dunston Lane and Delray Drive to provide fee simple title to the centerline ofthe street
with an adjacent neighbor.
DISTRICT 4 - BA YSIDE
RECOMMENDATION:
APPROVAL
2. Application ofTIDEW ATER INSTITUTE OF SPORTS, L.L.c. for a Conditional
Use Permit re a recreational facility of an outdoor nature (training and tournament
facility for the Virginia Rush Soccer Club) at Harpers Road and Dam Neck Road.
(DISTRICT 6 - BEACH)
DEFERRED:
RECOMMENDATION:
March 8, 2005
APPROVAL
3. Application of UNION BAPTIST CHURCH to MODIFY a Conditional Use Permit
(approved by City Council on October 17, 1995) to allow the church a three (3) story
mezzanine building and expand the church at 4608 South Boulevard.
DISTRICT 3 - ROSE HALL
RECOMMENDATION:
APPROVAL
4. Application of GENERAL RENTAL CENTER for a Conditional Use Permit re motor
vehicle rental and bulk storage at 616 Village Drive.
DISTRICT 6 - BEACH
RECOMMENDANTION:
APPROV AL
5. Application of JUDITH M. COFIELD for a Conditional Use Permit re a private
residential kennel at 1349 Sycamore Road.
DISTRICT 5 - L YNNHA VEN
RECOMMENDATION:
APPROVAL
6. Application of WEDGE WOOD ASSOCIATES, L.L.C., for a Change of Zoning
District Classification from A-12 Apartment District to Conditional A-24 Apartment
District with a PD-H2 Planned Development Overlay District on Bonney Road, Dolton
Drive and Alicia Drive
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION:
DEFER TO APRIL 5, 2005
7. Application ofNELIN BROTHERS for a Change of Zoning District Classification from
R-20 Residential District to Conditional 0-1 Office District at 2122 General Booth
Boulevard.
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION:
INDEFINITE DEFERRAL
M. APPOINTMENTS
Community Policy and Management Team - CSA At Risk
Community Services Board
Francis Land House Board of Governors
Health Services Advisory Board
Human Rights Commission
Investment Partnership Advisory Committee
Minority Business Council
Open Space Subcommittee
Parks and Recreation Commission
Performing Arts Theatre Advisory Committee
Personnel Board
The Planning Council
Towing Advisory Board
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
www.vbl!:ov.com
03/1712005\gw
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
22 March 2005
Mayor Meyera E. Oberndorf called to order the City Manager's Briefing re STRIVING FOR
EXCELLENCE, in the Council Conference Room, City Hall, on Tuesday, March 22, 2005, at 2:00 PM,
Council Members Present:
Harry E. Diezel, Robert M, Dyer, 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
-2-
CITY MANA GER 'S BRIEFING
STRIVING FOR EXCELLENCE
2:00 P.M.
ITEM # 53700
The City Manger presented the report entitled: Striving for Excellence, Virginia Beach: A Quality
Government Organization. This report illustrates the nature and value of the organization's efforts to
continually improve the City's processes, meet the challenges of the future and increase our capacity to
deliver quality services valued by the citizens. The overall impact of these quality and productivity initiatives
completed in 2004 are summarized in The Bottom Line. The combined efforts of departments and teams
resulted in a savings of $722,719.
Nature of Initiatives
Service Enhancements through Improved Customer Service 123
Service Enhancements through Increased Productivity 70
Process Improvement 85
Technology Improvements Implemented 48
Financial Results
Savings
Costs Avoided
New Revenue Generated
New Grants Realized
New Funds RaisedIDonations
$ 722,719
$ 5,826,188
$ 1,252,133
$ 11,354,593
$ 483,900
Special Initiatives
Pro-active lobbying for State and Federal funding for vital City activities:
Contemporary Art Center of Virginia
Hurricane Protection Project
Law Enforcement Expenses (Muhammad Trial)
Law Enforcement Technologies
Portable Police Radios
Hazardous Incident Robot
Lynnhaven Inlet - Navigation Operations/Maintenance $
Lynnhaven River Basis for an Environmental $
Restoration Survey
Paratransit Project $
Rudee Inlet - Navigation Operations and Maintenance $
Signalization Project $
Virginia Aquarium and Marine Science Center $
Virginia Beach Libraries $
$ 51,500
$ 2,294,000
$ 200,000
$ 410,000
200,000
300,000
200,000
1,180,000
500,000
200,000
267,668
The total amount of revenue received from grants is much higher. The grants depicted are only those
realized in 2004.
March 22, 2005
- 3 -
CITY MANA GER 'S BRIEFING
STRIVING FOR EXCELLENCE
ITEM # 53700 (Continued)
The City Manager displayed a ten-year comparison chart depicting 1995 - 2004: Annual Quality and
Productivity Initiative Report
TOTAL -10 -year period (1995 - 2004)
Dollars Saved
Costs Avoided
Fund Raising
Revenue Generated!
New Revenue Potential
Grants
System Processes/
Technology Improvements
Services Enhanced
Volunteers
Number
Hours
Value
$ 46 -MILLION
$ 39 -MILLION
$ 5 -MILLION
$ 22.8-MILLION
$ 53 -MILLION
1,444
1,830
138,580
14.4-MILLION
$158.5-MILLION
The City has a long history of excellence in management of financial resources. However, a struggling
economy, coupled with rising City expenditures, caused a significant gap between our local revenue growth
and the cost to provide valuable services to citizens. Relative the decrease in savings realized in the last two
(2) years, a new process has been initiated to adjust this discrepancy: E3 (Efficiency, Effectiveness and
Excellence). The E3 initiative allows all members, volunteers and temporary staff the opportunity to
participate. The City wishes to tap the creativity of every member, cultivate an environment supportive of
creativity and innovation and achieve long-term fiscal sustainability.
The City Manager cited an example of an avoided cost: equipping of new SWAT truck in-house, rather than
contracting out. Approximately $30,000 was saved.
The City Manager advised an Executive Summary of the Strivingfor Excellence Report is distributed to
the media, other communities and organizations,
March 22, 2005
-4-
CITYCOUNCIL COMMENTS
2:20 P.M.
ITEM # 53701
Mayor Oberndorf referenced the SHAMROCK MARATHON on Saturday, March 19, 2005, For the first
time, this Marathon commenced at 3(fh and Atlantic heading north. Mayor Oberndorf launched the
Marathon by blowing the horn. Against a sparkling clear sky, there were a host of participants (comprising
three or four blocks). Many parents participated with their children in the "running" strollers.
Councilman Schmidt advised the Marathon raised $10,000 for Special Olympics.
ITEM # 53702
Councilman Reeve, Member - AICUZ Task Force Policy Committee, referenced the Joint Land Use Plan
(JLUS) Public Information Forum at the Advanced Technology Center, Thursday, March 17, 2005, at
6:30 P.M. Council Members Maddox, Reeve, Captain Thomas Keeley - Commanding Officer, NAS Oceana,
Robert Scott - Director of Planning and Deputy City Attorney William Macali constituted the Panel.
Councilman Reeve expressed appreciation to Council Members Dyer and McClanan for attending. The
majority of comments were received from land owners in the Transition Area who are concerned re the
impact of the JL US proposal on the future use of their land.
ITEM # 53703
Councilman Maddox referenced the discussion two (2) weeks ago re preparing a pie chart depicting the
expenditure of the real estate tax to advise the citizenry these funds are not expended on additional resort
projects or the Town Center.
The City Manager referenced the City Manager's Presentation: Biennial 2005-2006/FY 2006-07
Operating Budget and FY 2005-2006/2010-1011 Capital Improvement Program during the SPECIAL
FORMAL SESSION on Tuesday, March 29, 2005, at 6:00 P.M. Charts will be depicted during this session
which should address these concerns.
ITEM # 53704
Council Lady McClanan requested Deputy City Attorney Macali 's advice concerning the application of
Adams Outdoor Advertising.
Deputy City Attorney Macali advised Adams Outdoor Advertising has asked the Virginia Department of
Transportation (VDOT) issue a trimming permit for certain trees and other vegetation, which are in the
Virginia Beach Boulevard right-of-way between Rosemont Road and Lynnshores Drive. The original
application actually was to "hack off" all but 4 feet of the crepe myrtle trees in the median as well as on the
south side of Virginia Beach Boulevard. The City Attorney's office requested this permit not be issued. All
facets of the State Law are being reviewed concerning trimming. Adams Outdoor Advertising has met with
Deputy City Attorney MacaU, Edward Barnes - Landscape Services Administrator, and Roger Huff-City
Arborist. Adams Outdoor Advertising wish to meet on-site and show the City's representatives their plan,
They stated they were not interested in cutting off the crepe myrtles, just trim some of the bottom branches.
Adams Outdoor Advertising will present a landscape plan, In the meantime, the Virginia Department of
Transportation (VDOT) will not be issuing Adams Outdoor Advertising a permit for a certain amount of
time. Adams Outdoor Advertising has been requested to write VDOT requesting a permit not be issued
until concerns have been resolved with the City. Upon receipt of their landscape plan, the City Council will
be briefed. As soon as foliage appears, Deputy City Attorney Macali advised photographs of the trees shall
be made.
March 22, 2005
-5-
AGE N DA REV I E W S E S S ION
3:55 P.M.
ITEM # 53705
K1. Ordinance to AMEND 9 18-75 of the City Code for
business licenses re the definition of "contracting ".
Councilman Reeve expressed concern and inquired if when an individual buys a home, does minor
renovations and then sells same, are they to be labeled as a "contractor"? Councilman Wood requested
additional information. Council Lady McClanan inquired re the number of individuals this amendment
would affect.
The City Attorney advised this Ordinance came from the Commissioner of Revenue's Office, but is also
generated by the Attorney General's opinion and the rules of the State Commissioner on Taxation. The City
Attorney will confer with Philip Kellam - Commissioner of Revenue and provide additional information.
This item will be DEFERRED INDEFINITELY.
ITEM # 53706
K2. Resolution requesting Governor Warner veto Senate Bill
1054 re offshore natural gas surveying, exploration,
development and production.
Mayor Oberndorf advised Senator Frank Wagner will be in attendance to speak, as well as Virginia
Dominion Power, in opposition to the proposed Resolution.
Councilman Villanueva advised Senator Wagner alluded to a time limit offifteen (I5) minutes in order to
present his opinions. Councilman Villanueva requested Robert Matthias, Assistant to the City Manager and
Legislative Liaison, along with the City's Lobbyist, advise City Council relative the status of the General
Assembly Sessions.
Mayor Oberndorf advised this is very important. Senator Wagner had mentioned on Talk Radio of his
surprise City Council was unaware of his Senate Bill 1 054. He had assumed the City's representative had
advised City Council.
ITEM # 53707
K 4. Ordinance to RE-ESTABLISH parkingfees at the Camp
Pendleton Parking lot (Croatan).
(DISTRICT 6 - BEACH)
Councilman Maddox distributed correspondence from David Jester, representing SA VE (Surfing Access for
Everyone). This Ordinance is the culmination of 2-'l2 years of work to solve neighborhood problems in
Croatan and at the same time allow increased access to the facilities and amenities of the Resort. The City
has been negotiating with the surfing community since last Summer. Their requests were incorporated into
this agreement.
The City Manager advised concerning the reduced rate of $1.00 for Virginia Beach residents. A vehicle
would qualifY if at least one person in the vehicle has a Virginia Beach Driver's License.
This item will be discussed during the Formal Session to allow David Jester to speak in support,
March 22, 2005
- 6-
AGENDA RE VIE W SESSION
ITEM # 53708
K.6. Ordinance to ACCEPT $13,896,735 from the Federal
Emergency Management Agency (FEMA), $3,817,906
from the Virginia Emergency Management; and,
APPROPRIATE these funds plus an additional
$2,468,839 from the 2004-05 operating budget to cover
remaining costs not reimbursedfrom FEMA nor the State
re cleanup from Hurricane Isabel,
Council Lady McClanan requested an outline re costs paid to out-of-state companies.
The City Manager will provide the information. Art Shaw, Engineering - Public Works, now retired, assumed
leadership in having the contracts in place prior to the emergency. This concept has become a model for the
region.
ITEM # 53709
K. 7. Ordinance to TRANSFER $238,282 from the Sandbridge
Fire and Rescue Station, $300,000 from the Thalia Fire
and Rescue Station, $121, 718 from the General Booth Fire
and Rescue Station; and, APPROPRIATE $60,000 from
the Fire Programs Special Revenue Fund to the First
Landing Fire and Rescue Station re the construction of
a fourth bay and a training tower.
The City Manager advised Councilman Wood this funding from the Thalia Fire Station will be replaced
in the next Operating Budget. Relative the "mold" issue in the Nimmo Fire Station, Charles Meyer, Chief
Operating Officer, advised contractors had to make remedial changes. The funds remaining in the accounts
were after the issues were corrected. Mr. Meyer advised the building will accommodate the Rescue Squad,
should they decide to locate in this facility. The fourth bay is intended to be provided for that purpose. Mr.
Meyer advised the original budget was approximately $3.8-MILLION The cost increase (approximately
$236,000) for the core building, based on the original design, is attributable to length of time since the
original estimate, increases in concrete and steel. Estimates have now been adjusted to include costs
incurring with concrete and steel, so these overruns will not be incurred. A second expansion to the original
scope includes the re-engineering of a "tower" facade (cost $60,000) originally designed to enhance the
architectural motif of a seaside structure. The Fire Department desired to internally re-engineer this tower
to accommodate high-rise and technical rescue training devices. At the present time, training of this type
can only be accomplished at the Fire Training Center on Birdneck Road. The fourth bay entails a cost of
approximately $300,000. These increases not only affect the building but also the cost of the pole and
overhangfor a traffic light as well. The cost of the traffic light has increased $60, 000. Although not involved
in this transfer, afuelingfacility at this site has been included, which would be available to the whole North
End. These funds are being paid from the Public Works Motor Fuel Account.
March 22, 2005
- 7 -
AGENDA RE VIEW SESSION
ITEM # 53710
Ordinance to establish a process for the preparation for the
City's Operating Budget
Councilman Schmidt distributed a proposed ADD-ON Ordinance. Councilman Schmidt had distributed this
DRAFT Ordinance to the Mayor and City Council on March 8, 2005. Due to a miscommunication, this
Ordinance was not included in today's City Council Agenda.
Councilman Schmidt also distributed proposed amendments to the Ordinance (by Catheryn Whitesell,
Director of Management Services). Councilman Schmidt has not reviewed these changes, but will do so
prior to the Formal Session. Councilman Schmidt believed it important to make an affirmative statement to
all of the citizens concerned re the process reflecting increasing real estate assessments, which does not
mean this is a windfall for Municipal Government.
The City Manger advised a Resource Process description has also been distributed and this is very similar
to the suggestions of the Ordinance.
ITEM # 53711
BY CONSENSUS, thefollowingshall compose the CONSENT AGENDA:
ORDINANCES/RESOLUTION
K1. Ordinance to AMEND 9 18-75 of the City Code for
business licenses re the definition of "contracting n.
K3. Ordinance to AUTHORIZE the City Manager to execute
an agreement with the Virginia Department of
Transportation (VDOT) for the widening of Volvo and
Lynnhaven Parkways to four lanes with soundwalls
between the Heald Way intersection and the City line.
K.5. Ordinance to AUTHORIZE a temporary encroachment
into a portion of the right-ol-way at 601 Sandbridge Road
by JOHN W. and JEAN F. SIEBERT to maintain an
existing identification sign for Siebert Realty.
(DISTRICT 7 - PRINCESS ANNE)
K6. Ordinance to ACCEPT $13,896,735 from the Federal
Emergency Management Agency (FEMA), $3,817,906
from the Virginia Emergency Management; and,
APPROPRIATE these funds plus an additional
$2,468,839 from the 2004-05 operating budget to cover
remaining costs not reimbursed from FEMA nor the State
re cleanup from Hurricane Isabel.
March 22, 2005
-8-
AGENDA RE VIE W SESSION
ITEM # 53711 (Continued)
K. 7. Ordinance to TRANSFER $238,282from the Sandbridge
Fire and Rescue Station, $300,000 from the Thalia Fire
and Rescue Station, $121, 718 from the General Booth Fire
and Rescue Station; and, APPROPRIATE $60,000 from
the Fire Programs Special Revenue Fund to the First
Landing Fire and Rescue Station re the construction of
a fourth bay and a training tower.
Item K.1. will be DEFERRED INDEFINITELY, BY CONSENT.
March 22, 2005
-9-
AGENDA RE VIE W SESSION
ITEM # 53712
L.2. Application of TIDEWATER INSTITUTE OF SPORTS,
L.L. C. for a Conditional Use Permit re a recreational
facility of an outdoor nature (training and tournament
facility for the Virginia Rush Soccer Club) at Harpers
Road and Dam Neck Road. (DISTRICT 6 - BEACH)
The City Clerk advised there is a 2-page, double spaced list of speakers registered in SUPPORT of the item.
Councilman Maddox advised there are two (2) letters from the Department of the Navy in support of this
application: Captain Thomas Keeley, USN, Commanding Officer - NAS Ocean a and Matthew D. Kurtz, Real
Estate Contracting officer
ITEM # 53713
L.6. Application of WEDGEWOOD ASSOCIATES, L.L.C.,
for a ChanJ!e of Zoning District Classification from A-12
Apartment District to Conditional A-24 Apartment
District with a PD-H2 Planned Development Overlay
District on Bonney Road, Dolton Drive and Alicia Drive
DISTRICT 2 - KEMPSVILLE
Modifications to the proffers were not submitted in a timely manner to meet the deadline established in the
City Zoning Ordinance. Therefore, this application must be DEFERRED.
Mayor Oberndorf advised citizens representing Empower Hampton Roads will be registering to speak
relative Inclusionary Zoning.
Council Lady McClanan questioned re discussions and correspondence, is Empower Hampton Roads
suggesting this principle of Inclusionary Zoning be applied to this one developer.
Deputy City Attorney William Macali advised Inclusionary Zoning refers to the income level of the
occupants of the units. In a Conditional Zoning application, proffers have to be voluntary, Any particular
form ofInclusionary Rezoning cannot be required in the proffers. Deputy City Attorney Macali advised the
State enabling authority on Conditional Zoning is not likely to change to accommodate the requirement of
making someone proffer a condition. There is a state statute which provides authority for affordable dwelling
unit ordinances, However, this does not state the applicant must proffer any particular number of
Inclusionary Zoning units. This detailed legislation contains very strict requirements.
Andrew Friedman - Director, Housing and Neighborhood Preservation, advised density will be encouraged
outside the AICUZzones. Affordable Worlforce Housing will not be combined with the Joint Land Use Plan.
This is an entirely different use. Reviewing Inclusionary Zoning, with the assistance of the Planning
Department, the staff is examining the Strategic Growth Areas identified in the Comprehensive Plan for
density and more urbanization. Empower Hampton Roads is pushing Inclusionary Zoning as the solution,
Commencing this Thursday, March 24,2005, the staffwill be meeting on a regular basis in conjunction with
the City Attorney's office to compile information. A report shall be provided in May, At the present time,
the definition of affordable housing begins at 120% of median income (below $70,000) based on family size.
The Virginia Polytechnic Institute (VPI) study re housing stock (existing inventory, needs cost re income
levels) has been delayed. This briefing will also be provided in May,
March 22, 2005
-10 -
AGENDA RE VIE W SESSION
ITEM # 53713 (Continued)
Council Lady Wilson advised the correspondence received indicates request for an increase in density to
allow for the different income levels. Council Lady Wilson advised the housing study reflects the City has
less than a 2% rental rate.
Mayor Oberndorf referenced correspondence from Trailer City concerning the inhumane living conditions,
i. e. sewerage draining on their land. Mr. Friedman advised the stajfhas conducted regular code enforcement
for approximately two (2) years in Trailer City, All code violations are cited. Many trailers have been
condemned and removed from the premises. If the water had not been restored, the City would have closed
Trailer City. Trailer City has an incredible cascade of continuing problems. Housing and Neighborhood
Preservation Inspectors are there on a continuing basis. Meetings with the residents have been negotiated
to inform them re landlord tenant rights and methods to improve their credit record.
This item will be DEFERRED, until the City Council Session of April 5, 2005.
ITEM # 53714
L. 7. Application of NELIN BROTHERS for a Chanee of
Zonine District Classification from R-20 Residential
District to Conditional 0-1 Office District at 2122
General Booth Boulevard.
DISTRICT 7 - PRINCESS ANNE
After the Planning Commission's Public Hearing and action on this request, City stajf was notified by the
property owner of unresolved legal issues between the property owner and applicant, who is a contract
purchaser of the parcel. Those issues have a direct bearing on the application. This item shall be
DEFERRED INDEFINITELY pending resolution of a legal dispute between the property owner and the
applicantlcontract purchaser.
ITEM # 53715
BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA:
L.1. Application of RICHARD K. and LILLIAN M. BOLEN
for the discontinuance. closure and abandonment of an
unnamed, unimproved right-of-way on Ewell Road at
Dunston Lane and Delray Drive to provide fee simple title
to the centerline of the street with an adjacent neighbor.
DISTRICT 4 - BAYSIDE
L.2. Application ofTIDEWA TER INSTITUTE OF SPORTS,
L.L.C. for a Conditional Use Permit re a recreational
facility of an outdoor nature (training and tournament
facility for the Vir,?inia Rush Soccer Club) at Harpers
Road and Dam Neck Road. (DISTRICT 6 - BEACH)
March 22, 2005
- 11 -
AGE N DA REV IE W S E S S ION
ITEM # 53715 (Continued)
L.3. Application of UN ION BAPTIST CHURCH to MODIFY
a Conditional Use Permit (approved by City Council on
October 17, 1995) to allow the church a three (3) story
mezzanine building and expand the church at 4608 South
Boulevard.
DISTRICT 3 - ROSE HALL
LA. Application of GENERAL RENTAL CENTER for a
Conditional Use Permit re motor vehicle rental and bulk
storage at 616 Village Drive,
DISTRICT 6 - BEACH
L. 5. Application of JUDITH M. COFIELD for a Conditional
Use Permit re a private residential kennel at 1349
Sycamore Road.
DISTRICT 5 - LYNNHA VEN
Council Lady McClanan will vote NAY on Item K.5. (Cofield)
March 22, 2005
- 12-
ITEM # 53716
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 MATTERS: Discussion, consideration or interviews of prospective
candidates for employment, assignment, appointment, promotion, performance,
demotion, salaries, disciplining or resignation of specific public officers, appointees
or employees pursuant to Section 2.2-3711 (A) (1).
To Wit: Appointments: Boards and Commissions:
Community Policy and Management Team - CSA At Risk
Community Services Board
Francis Land House Board of Governors
Health Services Advisory Board
Human Rights Commission
Investment Partnership Advisory Committee - PPEA
Minority Business Council
Open Space Committee
Parks and Recreation Commission
Performing Arts Theatre Advisory Committee
Personnel Board
The Planning Council
Towing Advisory Board
PUBLICLY-HELD PROPERTY' Discussion or consideration of the condition,
acquisition, or use of real property for public purpose, or of the disposition of
publicly-held property, or of 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 2.2-371 1 (A)(3) ,
Acquisition/Disposition of Property:
Princess Anne District
L ynnhaven District
Bayside District
LEGAL MA TTERS: Consultation with legal counselor briefings by staff members,
consultants, or attorneys pertaining to actual or probable litigation, or other specific
legal matters requiring the provision of legal advice by counsel pursuant to Section
2.2-3711 (A)(7).
Jonathan W. Walker v. Paul Terhune and Matthew Greenlee
PUBLIC CONTRACT: Discussion or consideration by a responsible public entity
or an affected local jurisdiction, as those terms are defined in Section 56-557, of
confidential proprietary records excludedfrom this chapter pursuant to Section 2.2-
3705.6(11) AND Discussion of the award of a public contract involving the
expenditure of public funds, and discussion of the terms or scope of such contract,
where discussion in an open session would adversely affect the bargaining position
or negotiating strategy of the public body.
Patriotic Festival
March 22, 2005
- 13-
ITEM # 53716 (Continued)
Upon motion by Councilman Wood, seconded by Councilman Schmidt, City Council voted to proceed into
CLOSED SESSION (3:25 P.M.).
Voting: 9-0
Council Members Voting Aye:
Robert M Dyer, 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 Members Absent:
Harry E. Diezel and Rosemary Wilson
Councilman Wood left at 5:20 P.M. to enjoy a family commitment (daughter participating in a play at
L ynnhaven Middle School)
(Closed Session: 3:25 P.M. - 6:06 P.M.)
(Break: 3:30 P.M. - 3:45 P.M.)
(Dinner: 5:50 P.M. - 6:06 P.M.)
March 22, 2005
-14 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
March 22, 2005
6:07 P.M.
Mayor Meyera E. Oberndorfcalled to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, March 22, 2005, at 6:07 P.M.
Council Members Present:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R, Jones, Reba
S. McClanan, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Jim
Reeve, Peter W. Schmidt, Ron A. Villanueva and Rosemary Wilson
Council Members Absent:
James L. Wood
[Left at 5:20 P.M. due to family commitment -
daughter participating in a play at L ynnhaven
Middle School]
INVOCATION: Thomas H Britton
Pastor, Retired
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accountingfirm of Goodman
and Company and is directly and indirectly involved in many of Goodman and Company's transactions,
However, due to the size of Goodman and Company and the volume of transactions it handles in any given
year, Goodman and Company has an interest in numerous matters in which her husband is not personally
involved and of which she does not have personal knowledge. In order to ensure her compliance with both
the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to
thoroughly review the agenda for each meeting of City Council for the purpose of identijj;ing any matters
in which she might have an actual or potential conflict. If, during her review she identifies any matters, she
will prepare andfile the appropriate disclosure letter to be recorded in the official records of City Council.
Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is
hereby made a part of the record.
Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker
Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of
transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not
personally involved and of which she does not have personal knowledge. In order to ensure her compliance
with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her
practice to thoroughly review the agenda for each meeting of City Council for the purpose of identijj;ing any
matters in which she might have an actual or potential conflict. If, during her review she identifies any
matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of
City Council. Council Lady Wilson regularly makes ths disclosure. Council Lady Wilson's letter of January
27,2004, is hereby made a part of the record.
March 22, 2005
-15 -
Item V-E.
CERTIFICATION OF
CLOSED SESSION
ITEM# 53717
Upon motion by Councilman Dyer, seconded by Councilman Reeve, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt 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: 9-0
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W. Schmidt and Ron A. Villanueva
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson and James L. Wood
March 22, 2005
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 # 53716, page 12, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3711(A) of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
~-
City Clerk
March 22,2005
- 16-
Item V-F. 1.
MINUTES
ITEM # 53718
Upon motion by Councilman Reeve, seconded by Councilman Dyer, City Council APPROVED the
Minutes of the INFORMAL and FORMAL SESSIONS of March 8, 2005.
Voting: 10-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
James L. Wood
March 22, 2005
- 17 -
Item V-G. 1.
MAYOR'S PRESENTATION
ITEM # 53719
Mayor Oberndorf PRESENTED:
RESOLUTION IN RECOGNITION
to
STEVEN T. THOMPSON
CHIEF FINANCIAL OFFICER
The following registered to express appreciation to Steven Thompson:
Brian Kirwin, 304 Cripple Creek Court, Phone: 463-0399
Reid Greenmun, 2621 Sandpiper Road, Phone: 426-5589
Mayor Oberndorf read the Resolution in Recognition of Steven T. Thompson, who became Chief Financial
Officer of the City of Virginia Beach on July 1, 2000, and was tasked with shepherding and developing a
number of major projects. During his tenure, the financial and development departments have been
recognized for tremendous achievement, many on a national level.
Steve is resigning as Chief Financial Officer, effective March 31, 2005, to pursue a position as City Manager
for another vibrant and growing city where his administrative talents and financial savry will be put to good
use.
Steven Thompson was honored to work with the Mayor and City Council. Mr. Thompson expressed
appreciation to the Mayor, City Council and the City Manager with his team for leadership.
March 22, 2005
tsulutinu
WHEREAS: Steven T. Thompson became Chief Financial Officer of the City of
Virginia Beach on July 1, 2000, and was tasked with shepherding and developing a number of
major projects;
WHEREAS: During his tenure the financial and development departments have
beenrecognizedfor tremendous achievement, many on a national level;
WHEREAS: Steve has helped lead and develop many major projects, some of
which are now approved and underway, including development and construction of an exciting
$300-Million urban center, a $203-Million convention center, a $50-Million performing arts
theatre and many supporting projects and partnerships;
WHEREAS' The new ball fields, the health complex at Princess Anne Commons,
the LifeNet facility, and the Resort Area corridor studies are projects that Steve has helped to
launch and that will soon come to fruition; and,
WHEREAS: Steve is resigning as Chief Financial Officer, effective March 31,
2005, to pursue a position as City Manager for another vibrant and growing city where his
considerable administrative talents andfinancialsavvy will be put to good use.
NOW, THEREFORE, BE IT RESOLVED: That the City Council is most
grateful for the service Steven T. Thompson has provided to the citizens of the City of Virginia
Beach; for his leadership and friendship and wish him well in his future endeavors.
Vice
. Jones, Bayside
cd4
!
g
- 18-
Item V-HI.
PUBLIC HEARING
ITEM # 53720
Mayor Oberndorf DECLARED a PUBLIC HEARING:
FY 2004-05 OPERATING BUDGET
Supplemental FEMA/VEMS Appropriation - Hurricane Isabel Cleanup
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
March 22, 2005
- 19-
Item V-H.2.
PUBLIC HEARING
ITEM # 53721
Mayor Oberndorf DECLARED a PUBLIC HEARING:
JOINT LAND USE STUDY (JLUS)
The following registered to speak:
Reid Greenum, 2621 Sandpiper Road, Phone; 426-5589, advised Oceana is an asset and the
Number One priority should be to adhere to the o.PNA V Instructions.
Hal Levinson, 2004 Brickell Court, Phone: 496-0745, resignedfrom CCAJN (Concerned Citizens
Against Jet Noise) approximately four (4) months ago, if the City chooses not to adhere to the OPNAV
Instructions with realignment, there would be no high noise zone in the City.
Ken Johnson, 4412 Reynolds Drive, Phone: 639-4968, stated the City and Navy have yet to establish an
acceptable working plan for growth and development. Jet noise, accident risk and air pollution are
serious threats to health, safety and the quality of life, which should be held in the highest regard.
CCAJN believes an accreditable assessment of the pros and cons of a base realignment by City Council
would be extremely prudent.
William Chaplain, 913 Virginia Beach Boulevard, represented Colony Mobile Home Park,
Phone: 418-3222 is the owner of undeveloped land near the Resort Area. The Navy's primary position
is to protect the citizens' property rights, not take them away.
Sarah W. Rhodes, 1133 Carver Avenue, Phone: 963-6535, resident of Morgan Terrace portion of
Seatack which is affected by Resort development, encroachment by Oceana and the future Southeastern
Expressway. Ms. Rhodes requested a moratorium on wetlands development and in the revised JLUS
guidelines every effort should be made to preserve every tree and natural space.
Gordon Huey, 154 Pinewood Road, Phone: 425-8798, spoke in support of the Joint Land Use Study
(JLUS) and high end "year round" retail shopping in the Resort Area,
Betty Turner, 3001 Fawkes Court, Phone; 368-5702, will submit proposals for the sound abatement in
the 70Ldn and above noise zones surrounding Oceana Naval Air Base. Said statements are hereby
made a part of the record.
Charles Brockett, 4515 Miarfield Arc, Chesapeake, Phone: 686-9532, property owner in the Transition
Area, opposed to the JL US concerning the ratio of building homes in the Transition area.
Bobby Rountree, 1750 Tomcat Boulevard, Phone: 433-2553, NAS Oceana Department Director - AICUZ
Member - JLUS Policy Committee andformer active duty Aviator, Mr. Rountree recommended City
Council adopt the JLUS recommendation, which commenced as Point 14 or the original twenty-four
(24) points to actively pursue the purchase of impacted properties in the >65 DNL area of the
Transition Area for open space. Said statement is hereby made a part of the record.
There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
March 22, 2005
- 20-
Item V-I.
ADOPT A GENDA
FOR FORMAL SESSION
ITEM # 53722
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
ADD-ON
Ordinance to establish a process for the preparation for the
City's Operating Budget
March 22, 2005
- 21 -
Item V-I.2.
ADD-ON
ITEM # 53723
Upon motion by Councilman Schmidt, seconded by Councilman Reeve, City Council ADDED to the City
Council Agenda:
Ordinance to establish a process for the preparation for the
City's Operating Budget (Requested by Councilman Schmidt)
Voting: 10-0
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. OberndorJ, Jim
Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
James L. Wood
March 22, 2005
- 22-
Item V-K.
ORDINANCES/RESOLUTION
ITEM # 53724
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED IN ONE
MOTION Items 1 (DEFERRED INDEFINITELY), 3, 5, 6 and 7 of the CONSENT AGENDA.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
James L. Wood
March 22, 2005
- 23-
Item V-K.1.
ORDINANCES/RESOLUTION
ITEM # 53725
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council DEFERRED
INDEFINITELY:
Ordinance to AMEND 9 18-75 of the City Code for business licenses
re the definition of "contracting ".
Voting:
1 0-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
James L. Wood
March 22, 2005
- 24-
Item V-K.2.
ORDINANCESIRESOLUTION
ITEM # 53726
The following registered in SUPPORT of the Resolution:
Michael Town, Director - Sierra Club, Virginia Chapter, 6 North (Jh Street, Suite 102, Richmond, advised
the federal State Enhanced Authority for Coastal and Offshore Resources Act (SEA COR) is just a concept
and what the ramifications of this legislation will be, if any, on Virginia Beach, our coast, or the nation's
coast are not known. Mr. Towne distributed a position paper "Save us from offshore drilling ", which is
hereby made a part of the record. United States Senators Elizabeth Dole and Richard Burr (North
Carolina), Lincoln Chafee (Rhode Island) and Olympia Stowe and Susan Collins (Maine) recently
signed a letter with a number of Democrats to the Senate Energy Committee Chair opposing off-shore
drilling. Information relative a spill off Canada will be furnished.
Nancy Perry, Executive Director - Virginia Beach Hotel/Motel Association, Vice President - Virginia
Hospitality and Travel Association's lodging component. The Virginia Beach Hotel/Motel Association
only became aware of this issue and has attempted to gather information and speak with others in
the tourist industry (Restaurant Association, Resort Advisory Commission, Resort Retailers Association)
re their understanding of Senate Bill 1 054. None of these groups have been briefed in any detail regarding
this issue. Based on the lack of industry discussion related to offshore drilling, the Virginia Beach Hotel/
Motel Association Board supports the Resolution requesting Governor Warner VETO Senate Bill 1 054 re
offshore natural gas. An issue of this magnitude deserves more discussion and information sharing.
Fred Adams, representing the local Sierra Club composed of 1300 members, 1543 Edgewater Drive, Phone:
467-2775. Mr. Adams has heard the majority of the reserves are beyond 40 miles off of the coast
and, therefore, royalties of Virginia would be small. The distance of 300-miles was mentioned as a
potential part of SEACOR. In view of these developments, the position of the Sierra Club is to endorse the
Resolution requesting the Governor VETO the Senate Bill 1 054. A very thorough study should be
conducted. The United States has a 300-year supply of coal. The President's energy program envisions one
hundred (100) additional nuclear power plants and Virginia could be the beneficiary of the first two (2),
Michael Stewart, 318-B 2(Jh Street, Phone; 438-1307, Vice Chair - Surf Rider Foundation, a twenty-year
environmental agency, dedicated to protecting the coastline. Mr. Stewart is concerned re the impacts
of offshore drilling on the near shore, specifically the pipeline and the infrastructure which will have to
be built to transport the Natural Gas from the drilling platforms to the shoreline based refining facilities.
The following registered advising they are awaiting the decision of Governor Warner re the House Bill 1 054.
A. Patrice Harris, Regional Representative - Senator George Allen, Hampton Roads Office, 222 Central
Park Avenue, Suite 120. Senator Allen has spoken with Governor Warner and is interested in this
issue and the decision made by the Governor. Governor Allen is working with the Chairman of the Energy
Subcommittee, Senator Alexander, to review different proposals and ideas concerning the best approach
to the issue of exploration in a manner that protects tourism and the Coastal View Shed (our line of sight),
while protecting manufacturingjobs of many Virginians. Ms. Harris will be pleased to refer any questions
of the Mayor and City Council to Senator Allen and his staff, who have extensively researched this issue.
March 22, 2005
- 25 -
Item V-K.2.
ORDINANCES/RESOLUTION
ITEM # 53726 (Continued)
The following registered in OPPOSITION to the Resolution:
Senator Frank Wagner, General Assembly Building, Room 312, Richmond, Virginia, advised he Chairs a
Joint Commission on the needs of manufacturing. Approximately 70,000 manufacturing positions in the
Commonwealth of Virginia were lost over the last jive (5) years. It was believed imperative to form
a commission of Senators and Delegates to investigate the rationale for this loss and improve the
manufacturing atmosphere within Virginia. There is a manufacturing recession across the nation, One
of issues was the cost of commodities. The high cost of natural gas is a specific issue. The Stihl
Manufacturing plant operates very large heat treating ovens, which operate entirely on natural gas.
Representatives from Washington, D. C. explained the potential natural gas reserves around the nation. The
United States Secretary of Interior's report, a study indicates a conservative estimate of 30- TRILLION
cubic feet of natural gas available off the Eastern Seaboard of the United States. Canada has been
recovering natural gas offshore in the Atlantic Basin off Nova Scotia in the amount of550-MILLION cubic
feet per day. This supplies much of Canada's needs and the United States also buys much of this gas from
Canada. Senate Bill 1054, Senator Wagner - Chief Patron, was presented on thejirst day of the General
Assembly Session. The House Rules Committee amended this Bill substantially. The Senate adopted the
Amendment. This Bill is awaiting the Governor's action. Senate Bill 1 054 directs the Virginia Liaison
Office to work with the Virginia Congressional Delegation and federal executive agencies to develop,
support and enact federal legislation or take appropriate federal executive action in support of the proposed
federal State Enhanced Authority for Coastal and Offshore Resources Act (SEA COR), or similar legislation.
This federal legislation is intended to allow for state-by-state exemption to a national moratorium that
expires in 2012 for any surveying, exploration, development or production of potential natural gas
deposits that are under federal jurisdiction outside a State's territorial sea limit. Virginia Beach's control
ends at the mean low water mark. The State control ends at three (3) miles and the Federal Government
controls the remainder offshore to the continental shelf. The SEACOR law, as proposed, would give the
State total control to twelve (12) miles from the coast and with VETO power out toforty (40) to sixty (60)
miles. The proximity zone impact sharing should provide approximately $l-BILLION to Virginia, two-thirds
to the State and one-third to the Coastal governments. Virginia should also receive, as part of its Outer
Continental Shelf(OCS) revenue sharing, a total of$1.3-BILLION,for a totalof$2.3-BILLION 50%
of this available for one-to-one matching for additional OCS revenues for spending on any federally
authorized environmental project or determined by energy related infrastructure, such as ports, highways,
sewers and water projects. This would be a new source of revenue to the Commonwealth that does not
involve any fundingfrom the taxpayers. These are conservative estimates. The safety record of offshore
platforms is commendable. There has not been a significant spill in twenty-jive years from an oil platform,
The agricultural industry is tied to natural gas. It is dependent to diversifY the economy off the
Defense Industry. Off-shore exploration for natural gas would incur an estimated 350-BILLION feet per
year of natural gas.
Bruce McKay, Manager of Federal Policy for Natural Gas -Dominion Resources, 11305 Coroban Lane,
Great Falls, Virginia 22066, Phone: 703450-5940. Dominion is one of the top ten (10) producers of natural
gas in the United States. Dominion produces onshore and extensively offshore in the Gulf of Mexico.
United States' demand for natural gas is expected to grow by a third by 2025. The National Petroleum
Council, an Advisory body to the Secretary of Energy in Washington estimated in 2003 the lower 48 states
and Canada will have the ability to produce about 75% of our Natural Gas needs between now and 2025.
Hank Linginfelter, 2277 Souverain Lane, Phone: 466-5401, President - Virginia Natural Gas, serves
approximately 1/4-MILLION residences and businesses in Virginia and about 70,000 homes and
businesses in the City of Virginia Beach. Virginia Natural Gas is struggling to meet the needs of the
customers. A $28-MILLION Propane facility is being constructed in Chesapeake to supply "peak"
day needs for customers. The supply of Natural Gas off the coast of Virginia and other states is one of
the best options for low cost alternatives.
March 22, 2005
- 26-
Item V-K.2.
ORDINANCES/RESOLUTION
ITEM # 53726
The following registered in OPPOSITION to the Resolution (Continued):
Al Wallace, 4601 Chippendale Court, Phone: 497-2187, stated as a result of the oil crises, the citizens can
no longer rest on environmental protections which have precluded access to oil and gas reserves in and
around the United States. Offshore drilling has now become a viable option to consider.
Reid Greenmun, 2621 Sandpiper Road, Phone: 426-5589, resident of Sand bridge Beach believes
Virginia should be the leader in this initiative of offshore drilling.
Jerrold Miller, 1242 North Lynnhaven Road, Phone: 481-6625, Chairman - Virginia Ship Repair
Association (representing 180 companies, encompassing 45,000 employees in the Hampton Roads Area).
The Association unanimously supports Senate Bill 1054. Mr. Miller has nine hundred (900) employees
in his ship repair company and is distressed relative the cost of energy
Captain Claude R. Thompson, 1136 Rollingwood Arch, Phone: 495-0269, graduate of Coast Guard
Academy. While stationed in the Gulf of Mexico did research on liquified natural gas. Of all the
products, Natural Gas is probably the safest. With the number of shipbuilders, naval architects
and engineering firms, there is no doubt this program of offshore drilling can be conducted.
A MOTION was made by Councilman Schmidt, seconded by Council Lady McClanan to ADOPT a
Resolution REQUESTING Governor Warner VETO Senate Bill1054 re offshore natural gas surveying,
exploration, development and production.
Upon SUBSTITUTE MOTION by Councilman Villanueva, seconded by Councilman Dyer, City Council
DEFERRED INDEFINITELY:
Resolution REQUESTING Governor Warner VETO Senate Bill 1 054
re offshore natural gas surveying, exploration, development and
production.
Councilman Villanueva will discuss development of a Task Force to assimilate the facts with Members of
City Council.
Voting: 6-3
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard
A. Maddox, Jim Reeve and Ron A. Villanueva
Council Members Voting Nay:
Reba S. McClanan, Mayor Meyera E. Oberndorf and Peter W.
Schmidt
Council Members Absent:
Rosemary Wilson and James L. Wood
Council Lady Wilson left at 8:57 P.M. (Business appointment)
March 22, 2005
-27-
Item V-K.3.
ORDINANCES/RESOLUTION
ITEM # 53727
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:
Ordinance to A UTHORIZE the City Manager to execute an agreement
with the Virginia Department of Transportation (VDOT) for the
widening of Volvo and Lynnhaven Parkways to four lanes with
soundwalls between the Heald Way intersection and the City line,
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
James L. Wood
March 22, 2005
1 ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO ENTER INTO AN AGREEMENT
3 WITH THE VIRGINIA DEPARTMENT OF
4 TRANSPORTATION FOR CONSTRUCTION OF THE
5 VOLVO PARKWAY/LYNNHAVEN PARKWAY
6 PROJECT
7 WHEREAS, the proposed Volvo Parkway/Lynnhaven Parkway Project provides for a four-lane
8 divided highway from Heald Way intersection to the City line, for a total distance of 4,600 feet; and
9 WHEREAS, City Council has determined that a public necessity exists for the construction of
10 this important project to provide transportation enhancement and for other public purposes related to the
11 preservation ofthe safety, health, peace, good order, comfort, convenience and welfare ofthe citizens of
12 Virginia Beach; and
13 WHEREAS, for the Virginia Department of Transportation ("VDOT") to proceed with this
14 project, the City must enter into an Agreement with VDOT for construction of the project;
15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF VIRGINIA BEACH,
16 VIRGINIA:
17 That the City Manager is hereby authorized to enter into an Agreement with the Virginia
18 Department of Transportation for construction of Capital Improvement Project #2-257, "Volvo
19 Parkway/Lynnhaven Parkway Project" (also described as VDOT Project VOOO-134-V39, RW-20l, C-
20 501, VPC 13487; and as Federal Project STP-5403 (402)) on behalf of the City of Virginia Beach.
21
22 Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day of
23 March ,2005.
APPROVED AS TO CONTENT:
CA9549
OrdresNo1vo.Lynnhaven CIP 2-257
R-2 - 3/2/05
APPROVED AS TO LEGAL
SUFFICIENCY:
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LOCATION MAP FOR
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C.I.P. 2-257
SCALE: 1" - 600'
LYNNHAVEN VOLVO.DGNDGN M,j.5,
PREPARED BY PIN ENG. CADD DEPT. FEB. 1,2004
- 28-
Item V-KA.
ORDINANCES/RESOLUTION
ITEM # 53728
Upon motion by Councilman Maddox, seconded by Councilman Schmidt, City Council ADOPTED:
Ordinance to RE-ESTABLISH parking fees at the Camp Pendleton
Parking lot (Croatan),
(DISTRICT 6 - BEACH)
Voting: 8-1
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve and Peter W. Schmidt
Council Members Voting Nay:
Ron A. Villanueva
Council Members Absent:
Rosemary Wilson and James L. Wood
March 22, 2005
1
2 ORDINANCE NO.
3
4
5 AN ORDINANCE DIRECTING THE REESTABLISHMENT OF
6 PARKING FEES AT THE CAMP PENDLETON PARKING
7 LOT (CROATAN)
8
9 WHEREAS, by ordinance adopted on August 6,2002, the City Council of the City of
10 Virginia Beach (the "City Council") eliminated the parking fees for the Camp Pendleton
11 parking lot at Croatan (the "Croatan Lot") imposed under the Camp Pendleton Beach
12 Agreement of 2002 (the "Agreement");
13 WHEREAS, the cost for the expansion of the Croatan Lot and the installation of
14 public amenities, which include a 1,200 square foot public restroom facility, outdoor
15 showers and foot washer, totaled over $800,000;
16 WHEREAS, the Croatan Lot must be staffed to control lot access and enforce
17 parking guidelines;
18 WHEREAS, City staff has recommended that the parking fees for the Croatan Lot
19 be reestablished to help defray some of the costs incurred in staffing the lot and
20 constructing the upgrades and public amenities; and
21 WHEREAS, the proposed parking fees are authorized under the Agreement, and
22 offer a reduced rate for Virginia Beach residents and free parking from 6:00 a.m. to 10:00
23 a.m. daily.
24 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
25 VIRGINIA BEACH, VIRGINIA:
26 That the City Council hereby directs that the fees for parking at the Camp Pendleton
27 parking lot at Croatan that is leased each summer by the City of Virginia Beach be
1
28 reestablished effective April 1, 2005 at the rate of $10.00 for buses, $1.00 for Virginia
29 Beach residents, $4.00 weekdays for non-residents and $5.00 weekends for non-
30 residents from 10:00 a.m. to closing, and free parking from 6:00 a.m. to 10:00 a.m. daily.
31
Adopted by the City Council ofthe City of Virginia Beach, Virginia, onthe 22nd day
of
March
,2005.
CA-9500
F :\Users\ W alldej\ W P\BZA \Croatanlot.ord .doc
March 4, 2005
R-2
Approved as to Content:
Approved as to Legal Sufficiency:
,/.
L
City Attorney's Offic
2
- 29-
Item V-K.5.
ORDINANCES/RESOLUTION
ITEM # 53729
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:
Ordinance to AUTHORIZE a temporary encroachment into a
portion of the right-of- way at 601 Sandbridge Road by JOHN W.
and JEAN F. SIEBERT to maintain an existing identification
sign for Siebert Realty.
(DISTRICT 7 - PRINCESS ANNE)
The folloWing conditions shall be required:
1. The temporary encroachment shall be 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.
2. The temporary encroachment shall terminate upon notice by the
City to the applicant and, within thirty (30) days after such notice
is given, the temporary encroachment must be removed from the
encroachment area by the applicant and the applicant will bear
all costs and expenses of such removal.
3. The applicant shall indemnifY and hold harmless the City, its
agents and employees from and against all claims, damages,
losses and expenses, including reasonable attorney's fees in case
it shall be necessary to file or defend an action arising out of the
location or existence of the temporary encroachment.
4. 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 applicant.
5. The applicant agrees to maintain the temporary encroachment so
as not to become unsightly or a hazard.
6. The applicant shall obtain and keep in force all risk property
insurance and general liability or such insurance as is deemed
necessary by the City, and all insurance policies must name the
City as additional named insured or loss payee, as applicable.
The applicant must also carry comprehensive general liability
insurance in an amount not less than Five Hundred Thousand
Dollars ($500,000), combined single limits of such insurance
policy or policies. The applicant must provide endorsements
providing at least thirty (30) days' written notice to the City prior
to the cancellation or termination of, or material change to, any
of the insurance policies. The applicant assumes all
responsibilities and liabilities, vested or contingent, with relation
to the temporary encroachment.
March 22, 2005
- 30-
Item V-K.5.
ORDINANCES/RESOLUTION
ITEM # 53729 (Continued)
7. The City, upon revocation of such authority and permission so
granted, may remove the temporary encroachment and charge
the cost thereof to the applicant and collect the cost in any
manner provided by law for the collection of local or state taxes;
may require the applicant to remove such temporary
encroachment; and, pending such removal, the City may charge
the applicant for the use of such portion of the City 's right-of- way
encroached upon the equivalent of what would be the real
property tax upon the land so occupied if it were owned by the
applicant; and if such removal shall not be made within the time
specified by the City, the City shall impose a penalty in the sum
of One Hundred Dollars ($100.00) per day for each and every
day that such temporary encroachment is allowed to continue
thereafter; and, shall collect such compensation and penalties in
any manner provided by law for the collection of local or state
taxes.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W. Schmidt, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
James L. Wood
March 22, 2005
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE A
4 TEMPORARY ENCROACHMENT INTO
5 A PORTION OF THE RIGHT-OF-WAY
6 LOCATED AT SANDBRIDGE ROAD BY
7 JOHN W. SIEBERT AND JEAN F.
8 SIEBERT THEIR HEIRS, ASSIGNS
9 AND SUCCESSORS IN TITLE
10
11 WHEREAS, John W. Siebert and Jean F. Siebert, desire to maintain an existing
12 identification sign into the City's right-of-way located at 601 Sandbridge Road.
13 WHEREAS, City Council is authorized pursuant to SS 15.2-2009 and 15.2-2107,
14 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
15 City's right-of-way subject to such terms and conditions as Council may prescribe.
16 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
17 VIRGINIA BEACH, VIRGINIA:
18 That pursuant to the authority and to the extent thereof contained in SS 15.2-
19 2009 and 15.2-2107, Code of Virginia, 1950, as amended, John W. Siebert and Jean F.
20 Siebert their heirs, assigns and successors in title are authorized to maintain a
21 temporary encroachment for an identification sign in the City's right-of-way as shown on
22 the map entitled: "Exhibit "A" Exhibit showing SIGN ENCROACHMENT for Parcel A
23 GPIN Number: 2424-70-4064," a copy of which is on file in the Department of Public
24 Works and to which reference is made for a more particular description; and
25 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly
26 subject to those terms, conditions and criteria contained in the Agreement between the
27 City of Virginia Beach and John W. Siebert and Jean F. Siebert (the "Agreement"),
28 which is attached hereto and incorporated by reference; and
29 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
30 is hereby authorized to execute the Agreement; and
31 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
32 time as John W. Siebert and Jean F. Siebert and the City Manager or his authorized
33 designee execute the Agreement.
34 Adopted by the Council of the City of Virginia Beach, Virginia, on the
35
22nd day of March
,2005.
36
37 APPROVED AS TO CONTENTS
;~ ~~Rt OfLlill"'-_
40 PM RrcJ [dr;}f
41 DEPARTMENT
42
43 APPROVED AS TO LEGAL
44 S F IC NCY AND FORM
45
46
47
48
49
...~..
~
~
~...
...~..
LOCATION MAP
ENCROACHMENT REQUESTED BY
JOHN W. SIEBERT AND JEAN f. SIEBERT
INTO CITY RIGHT-Of-WAY
601 SANDBRIDGE ROAD
GPIN 2424-70-4064
SCALE: 1" = 200'
SIEBERT PROPERTY.DGN M.j.S,
PREPARED BY PM' ENG, CADD DEPT, FEB. 9, 2005
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(c) (3)
THIS AGREEMENT, made this 5+'" day of Feb(v..~ f'V] , 2005, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor,
"City", and JOHN W. SIEBERT and JEAN F. SIEBERT, THEIR 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 "PARCEL A" as shown on "RESUBDIVISION OF LOTS 5,
6, AND 7 ETHEL M. CURTIS", as recorded in Map Book 304, at Page 3 in the Clerk's Office
of the Circuit Court of the City of Virginia Beach, Virginia and being further designated and
described as 601 Sandbridge Road, Virginia Beach, Virginia 23456;
WHEREAS, it is proposed by the Grantee to maintain an identification sign,
"Temporary Encroachment", in the City of Virginia Beach;
WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the
Grantee encroach into a portion of an existing City right of way adj acent to 601 Sandbridge Road
"The Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit a Temporary
Encroachment within The Encroachment Area.
GPIN 2424-70-4064-0000
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 permission to use The Encroachment Area for the purpose of maintaining the
Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment will be
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: "Exhibit showing SIGN
ENCROACHMENT for Parcel A GPIN Number:2424-70-4064", 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 ofthe location or existence ofthe 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
2
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 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 City, upon revocation of
such authority and permission so granted, may remove the Temporary Encroachment and charge
the cost thereof to the Grantee, and collect the cost in any manner provided by law for the
collection of local or state taxes; may require the Grantee to remove the Temporary
Encroachment; and pending such removal, the City may charge the Grantee for the use of The
Encroachment Area, the equivalent of what would be the real property tax upon the land so
occupied if it were owned by the Grantee; and if such removal shall not be made within the time
ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One
Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is
3
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, John W. Siebert and Jean F. Siebert, the said Grantee
has caused this Agreement to be executed by their signature. 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
~~.i~
~} );jj,4-
4
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2005, by
, CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2005, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
BEACH.
Notary Public
My Commission Expires:
STATE OF . 0
CITY/COUNTY OF V"((~fllJlfr tEd , to-wit:
;rIi>
The foregoing instrument was acknowledged before me this 5 day of
~6,el.UI-!l\J ,2005, by John W. Siebert.
/
~/~~
Notary Public
My Commission Expires: f~ 3 / - ;/00(0
5
STATE OF \ I " ;J
CITY/COUNTY OF V,"R.tINIIt t5E~ , to-wit:
;-'f1::.
day of
The foregoing instrument was acknowledged before me this
f€~tlUI41I!.Y ,2005, by Jean F. Siebert.
/
My Commission Expires: ~-II-;J DOh
APPROVED AS TO CONTENTS
~ C. ~S~
GNATURE
P to RELil E.st?iJi
DEPARTMENT
~ 4' tf,
Notary Publ~
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
~
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Rxhibit "A"
Lot 8
Exhibit showing
SIGN ENCROACHMENT
for Parcel A
G PIN N urn be r:. 2424-70-4064
engineering services, Inc.
CIVll ENGINEER[NG - LAND SURVEYING
~35' ST~~S~~ ROAD VIRCINJA e~AeW. VIRCINIA 23~52
11511 ~68-680D FAX 115TI ~&9~49&&
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SCALE:
PROJECT:
DATE:
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PAGE:
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01/26/05
2S6Ex6Sh1
1of1
- 31 -
Item V-K.6.
ORDINANCES/RESOLUTION
ITEM # 53730
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:
Ordinance to ACCEPT $13,896,735 from the Federal Emergency
Management Agency (FEMA), $3,817,906 from the Virginia
Emergency Management; and, APPROPRIATE these funds plus an
additional $2,468,839 from the 2004-05 operating budget to cover
remaining costs not reimbursed from FEMA nor the State re cleanup
from Hurricane Isabel.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W. Schmidt, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
James 1. Wood
March 22, 2005
1
2
3
4
5
6
7
8
9
AN ORDINANCE TO APPROPRIATE $13,896,735
OF FEDERAL REVENUE, $3,817,906 OF STATE
REVENUE AND $2,468,839 OF FUND BALANCE
FROM THE GENERAL FUND TO THE FEMA
HURRICANE ISABEL FUND IN THE FY 2004-05
OPERATING BUDGET TO COVER EXPENDITURES
ASSOCIATED WITH HURRICANE ISABEL
WHEREAS,
in
September
2003
Hurricane
Isabel
brought
10 sustained winds and heavy rain to Virginia Beach, producing
11 significant damage;
12
WHEREAS, the Federal Emergency Management Agency (" FEMA")
13
and Virginia
Department
of Emergency Management
provided
14 financial assistance related to the cleanup of eligible costs
15 associated with Hurricane Isabel; and
16
WHEREAS, the Finance Department has designated $2,468,839
17 in fund balance from the General Fund to cover the amount of
18 expenses the City incurred that are not reimbursable by FEMA or
19 the Virginia Department of Emergency Management.
20
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
21 OF VIRGINIA BEACH, VIRGINIA:
22 1. That $13,896,735 in additional federal revenue from FEMA
23
is
hereby
appropriated
to
the
Federal
Emergency
24
Management Agency Hurricane Isabel Fund in the FY 2004-
25
05 Operating Budget for costs associated to Hurricane
26
Isabel, with federal revenue increased accordingly.
27
2. That $3,817,906 in additional state revenue from the
28
Virginia Department of Emergency Management is hereby
29
appropriated to the Federal Emergency Management Agency
30
Hurricane Isabel Fund in the FY 2004-05 Operating Budget
31
for costs associated to Hurricane Isabel, with state
32
revenue increased accordingly.
33
3. That $2,468,839 of fund balance in the General Fund is
34
hereby appropriated to the Federal Emergency Management
35
Agency Hurricane Isabel Fund in the FY 2004-05 Operating
36
Budget to cover the remaining costs not covered by FEMA
37
or state reimbursement, with revenue from appropriations
38
of fund balance increased accordingly.
39
Adopted by the Council of the City of Virginia Beach,
40 Virginia on the 22nd
day of March, 2005.
Approved as to Content:
Approved as to Legal
Sufficiency:
jj~Q-~
Department of Management Services
/ 5J
~ . /;J~{.,t.... (f
Department. of Law /
CA 9489
R-4
March 7, 2005
H:\PA\Ords\Hurricane Isabel Reimbursement Ord2.doc
- 32-
Item V-K. 7.
ORDINANCES/RESOLUTION
ITEM # 53731
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:
Ordinance to TRANSFER $238,282 from the Sandbridge Fire and
Rescue Station, $300,000 from the Thalia Fire and Rescue Station,
$121,718 from the General Booth Fire and Rescue Station; and,
APPROPRIATE $60,000 from the Fire Programs Special Revenue
Fund to the First Landing Fire and Rescue Station re the
construction of a fourth bay and a training tower.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E, OberndorJ, Jim
Reeve, Peter W. Schmidt, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
James L. Wood
March 22, 2005
1
2
3
4
5
6
7
8
9
10
AN ORDINANCE TO TRANSFER $238,282 FROM CAPITAL
PROJECT #3-424 FIRE AND RESCUE STATION
SANDBRIDGE, $300,000 FROM CAPITAL PROJECT #3-
021 FIRE AND RESCUE STATION - THALIA, $121,718
FROM CAPITAL PROJECT #3-404 FIRE AND RESCUE
STATION GENERAL BOOTH AND APPROPRIATE
$60,000 TO CAPITAL PROJECT #3-017 FIRE AND
RESCUE STATION - FIRST LANDING TO CONSTRUCT A
FOURTH BAY, TRAINING TOWER AND COVER INCREASED
COSTS OF THE PROJECT
11
WHEREAS, the Fire and EMS Departments wish to cover cost
12 overruns within the existing scope of Capital Project #3-017 Fire
13 and Rescue Station - First Landing and construct an additional
14 fourth bay outside of the existing scope from available
15 appropriations of Capital Project #3-424 Fire and Rescue Station -
16 Sandbridge, Capital Project #3-404 Fire and Rescue Station
17 General Booth, Capital Project #3-021 Fire and Rescue Station -
18 Thalia.
19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA:
21 1. That $660,000 is hereby transferred to Capital Project #3-
22 017 Fire and Rescue Station - First Landing from the following
23 projects:
24 a. $238,282 from Capital Project #3-424 Fire and Rescue
25 Station Sandbridge.
26 b. $300,000 from Capital Project #3-021 Fire and Rescue
27 Station Thalia.
28 c. $121,718 from Capital Project #3-404 Fire and Rescue
29 Station General Booth.
30
2. That $60,000 is hereby appropriated from fund balance from
31 the Fire Programs Special Revenue Fund, with revenue increased
32 accordingly.
33 3. That the project scope for Capital Project #3-017 Fire and
34 Rescue Station First Landing, project scope is hereby modified to
35 reflect an additional fourth bay and training tower.
36 An affirmative vote by the majority of the members of City
37 Council is required.
38
39
Adopted by the
Virginia, on the 22nd
Council of the
day of March
City of
, 2005.
Virginia
Beach,
APPROVED AS TO CONTENT
'1 r\ /^I
r-, .r\' ~
~) ~' \ 12 .'\ :
~ a /\ r\. 0l ^ 'l"{1 .
M;nage~ent Servic~s
~~T~E~;~d
City Attorney's Office
CA9556
Ordres/First Landing ORD.doc
March 9, 2005
R-1
- 33-
Item V-K.8
ORDINANCES/RESOLUTION
ITEM # 53732
ADD-ON
The following registered in SUPPORT:
Daniel Baxter, President - Virginia Beach Council of Civic Organizations
Delceno Miles, 1104 Fallbrook Bend, Phone: 499-9627
Upon motion by Councilman Schmidt, seconded by Councilman Maddox, City Council ADOPTED:
Ordinance to establish a process for the preparation for the City's
Operating Budget
Councilman Schmidt advised the City Manager, City Attorney and himself discussed the proposed additions
by Catheryn Whitesell, Director - Management Services. Councilman Schmidt did not believe these added
materially and it was preferable to pursue Councilman Schmidt's original Ordinance. The City Manager,
in his instructions to the Virginia Beach School Board, has the ability to advise them how to prepare their
budgets. Until the revenue sharingformula is changed, the 53.13% is the percentage the Schools receive.
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W Schmidt and Ron A. Villanueva
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson and James L. Wood
March 22, 2005
1 REQUESTED BY COUNCILMEMBER SCHMIDT
2
3
4
5 AN ORDINANCE TO ESTABLISH A PROCESS
6 FOR THE PREPARATION OF THE CITY'S
7 OPERATING BUDGET
8
SECTION ADDED: CITY CODE ~ 2-186.1
9
10 WHEREAS the primary revenue source for localities in the State
11 of Virginia is the real estate tax;
12 WHEREAS annual real estate assessments have been growing at
13 rates that cause tax levies to exceed the 1.0 percent growth limit
14 established by Section 58.1-3321A of the Code of Virginia;
15 WHEREAS Section 58.1-3321B of the Code of Virginia authorizes
16 governing bodies to increase real estate tax rates when such
17 increases are deemed necessary by such governing bodies;
18
WHEREAS the City Council recognizes that the service and
19 capital improvement needs of the City are independent of the value
20 of real estate assessments;
21
WHEREAS the City Council requires that the City's annual
22 budgets be based solely on service and capital improvement needs
23 and that such needs not be influenced by projections of real estate
24 assessment growth;
25 WHEREAS the City Council requires that it have the ability to
26 clearly separate the needs of ongoing programs from new
27 initiatives;
1
28
WHEREAS the Council recognizes that there have been
29 unprecedented federal and state cutbacks in funding to localities
30 and in providing basic services to citizens that often require
31 increased local spending;
32 WHEREAS the Council likewise recognizes the increasing costs
33 to the City in providing basic and enhanced services and that the
34 City Manager must provide for the level of services demanded;
35 WHEREAS it is the City Council's intent to adequately fund
36 core services and the Council is desirous of a budgeting process
37 that presents it with information, priorities, and decision points
38 necessary to efficiently balance the services to be provided by the
39 City with the costs of those services to its citizens;
40
41 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
42 VIRGINIA BEACH, VIRGINIA:
43
44 Sec. 2-186.1 Preparation of budget. In the preparation of the
45 City's annual budget, the City Manager shall prepare a "base
46 budget" using, among other sources of revenue, estimated real
47 estate tax revenues, which shall be no more than the previous
48 fiscal year's real estate tax levies. The base budget shall then
49 be supplemented by adding any statutory requirements which must be
50 funded. The City Manager should then propose prioritized,
51 incremental optional items that reflect increased costs of existing
2
services,
higher levels of programs and services,
or new
52
53 initiatives; provided, however, that each adjustment, service
54 level, or new initiative shall clearly delineate the additional
programs or services to be provided,
the associated cost,
55
56 recommended funding source and the required increased incremental
57 real estate tax rate, if required, to fund each item.
58 Adopted by the Council of the City of Virginia Beach,
59
Virginia, on the
22
day of March
, 2005.
CA-9555
H:\PA\GG\ORDRES\budget prep ord.doc
R-4
March 18, 2005
3
- 34-
Item L.
PLANNING
ITEM # 53733
1. RICHARD K. AND LILLIAN M. BOLEN
2. TIDEWATER INSTITUTE OF SPORTS, L.L.c.
3. UNION BAPTIST CHURCH
4. GENERAL RENTAL CENTER
5. JUDITH M. COFIELD
6. WEDGEWOOD ASSOCIATES, L.L.c.
7. NELIN BROTHERS
STREET CLOSURE
CONDITIONAL USE PERMIT
MODIFY CONDITIONAL USE PERMIT
(Approved October 17,1995)
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL CHANGE OF ZONING
CONDITIONAL CHANGE OF ZONING
March 22, 2005
- 35 -
Item V-L.
PLANNING
ITEM # 53734
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED IN ONE
MOTION Items 1,2, 3,4 and 5 of the PLANNING BY CONSENT AGENDA.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W. Schmidt, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
James L. Wood
Council Lady McClanan voted a VERBAL NAY on Item L.5. (Cofield)
March 22, 2005
- 36-
Item V-L.1.
PLANNING
ITEM # 53735
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED an
Ordinance upon application of RICHARD K. AND LILLIAN M. BOLEN for the discontinuance, closure
and abandonment of an unnamed, unimproved right-of-way on Ewell Road at Dunston Lane and
Delray Drive:
Ordinance upon Application of Dr. Richard K. Bolen and Mrs. Lillian
M. Bolen for the discontinuance, closure and abandonment of an
unnamed, unimproved right-of-way located on the south side of Ewell
Road, 321.57 feet east of Dunstan Lane and 393.43 feet west of Del ray
Drive. DISTRICT 4 - BAYSIDE
The following conditions shall be required:
1. The City Attorney's Office will make the final determination
regarding ownership of the underlyingfee. The purchase price to be
paid to the City shall be determined according to the "Policy
Regarding Purchase of City's Interest in Streets Pursuant to Street
Closures, " approved by City Council. Copies of the policy are
available in the Planning Department,
2. The applicant is required to resubdivide the property and vacate
internal lot lines to incorporate the closed area into the
adjoining parcels. The plat must be submitted and approved for
recordation prior to final street closure approval.
3. The applicant is required to verify that no private utilities exist
within the right-of-way proposed for closure. Preliminary
comments from the utility companies indicate that there are no
private utilities within the right-of-way proposedfor closure. If
private utilities do exist, easements satisfactory to the utility
company, must be provided
4. Closure of the right-of-way shall be contingent upon compliance
with the above stated conditions within 365 days of approval by
City Council (March 21,2006). If the conditions noted above are
not accomplished and the final plat is not approved within one
year of the City Council vote to close the right-of-way, this
approval shall be considered null and void.
March 22, 2005
Item V-L.1.
PLANNING
Voting:
- 37-
ITEM # 53735 (Continued)
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
James L. Wood
March 22, 2005
1
2
3
4 ORDINANCE NO.
5
6
7
8 IN THE MATTER OF CLOSING, VACATING AND
9 DISCONTINUING A PORTION OF THAT CERTAIN
10 STREET KNOWN AS "UNNAMED 50' RIGHT-OF-
11 WAY" AS SHOWN ON THAT CERTAIN PLAT
12 ENTITLED "EXHIBIT PLAT SHOWING UNNAMED
13 50' RIGHT-OF-WAY TO BE CLOSED ADJACENT TO
14 LOT 1, THOROUGHGOOD, SECTION 8, PART 4, (D.B.
15 2580, P. 2157) AND LOT 2, THOROUGHGOOD,
16 SECTION 8, PART 3 (M.B. 84, P. 8) VIRGINIA BEACH,
17 VIRGINIA":
18
19 WHEREAS, RICHARD K. BOLEN and LILLIAN M. BOLEN applied to the
20 Council of the City of Virginia Beach, Virginia, to have the hereinafter described street
21 discontinued, closed, and vacated; and
22 WHEREAS, it is the judgment of the Council that said street be discontinued,
23 closed, and vacated, subject to certain conditions having been met on or before one (1) year from
24 City Council's adoption of this Ordinance;
25
26 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia
27 Beach, Virginia:
28
29
30 GPIN: 1479-61-3140,1479-61-1030,1479-60-2981
31
32
33
34
35
36
37
1
38 SECTION I
39
40 That the hereinafter described street be discontinued, closed and vacated, subject
41 to certain conditions being met on or before one (1) year from City Council's adoption of this
42 ordinance:
43
44 All that certain piece or parcel of land situate, lying and being in
45 the City of Virginia Beach, Virginia, designated and described as
46 "UNNAMED 50' RIGHT -OF- WAY" shown as the cross-hatched
47 area on that certain plat entitled: "EXHffiIT PLAT SHOWING
48 UNNAMED 50' RIGHT -OF-WAY TO BE CLOSED ADJACENT
49 TO LOT 1, THOROUGHGOOD, SECTION 8, PART 4, (D.E.
50 2580, P. 2157) AND LOT 2, THOROUGHGOOD, SECTION 8,
51 PART 3 (M.B. 84, P. 8) VIRGINIA BEACH, VIRGINIA" Scale:
52 I" = 40', dated November 2,2004, prepared by John E. Sirine and
53 Associates, Ltd., a copy of which is attached hereto as Exhibit A.
54
55
56 SECTION II
57
58 The following conditions must be met on or before one (1) year from City
59 Council's adoption of this ordinance:
60
1. The City Attorney's Office will make the final determination regarding
61 ownership of the underlying fee. The purchase price to be paid to the City shall be determined
62 according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street
63 Closures," approved by City Council. Copies of said policy are available in the Planning
64 Department.
65 2. The applicant shall resubdivide the property and vacate internal lot lines to
66 incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted
67 and approved for recordation prior to final street closure approval.
2
68 3. The applicant shall verify that no private utilities exist within the right-of-way
69 proposed for closure. Preliminary comments from the utility companies indicate that there are
70 no private utilities within the right-of-way proposed for closure. If private utilities do exist, the
71 applicant shall provide easements satisfactory to the utility companies.
72 4. Closure of the right-of-way shall be contingent upon compliance with the
73 above stated conditions within one year of approval by City Council. If all conditions noted
74 above are not in compliance and the final plat is not approved within one year of the City
75 Council vote to close the street, this approval will be considered null and void.
76
77 SECTION III
78
79
1.
If the preceding conditions are not fulfilled on or before March 21, 2006,
80 this Ordinance will be deemed null and void without further action by the City Council.
81
2.
If all conditions are met on or before March 21, 2006, the date of final
82 closure is the date the street closure ordinance is recorded by the City Attorney.
83
3.
In the event the City of Virginia Beach has any interest in the underlying
84 fee, the City Manager or his designee is authorized to execute whatever documents, if any, that
85 may be requested to convey such interest, provided said documents are approved by the City
86 Attorney's Office.
87 SECTION IV
88 A certified copy of this Ordinance shall be filed in the Clerk's Office of the
89 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF
90 VIRGINIA BEACH as "Grantor" and RICHARD K. BOLEN and LILLIAN M. BOLEN as
91 "Grantee."
3
92
Adopted by the Council of the City of Virginia Beach, Virginia, on this -2-2.nQ day
93 of March
,2005.
94
95
96
97
98
99 CA-9458
100 February 16, 2005
101 H:\OID\REAL ESTATE\Slreel ClosureIBOLEN.CA9458.0RD.doc
102
103
104
105
106
107
108
109
110
111
112
113
114
APPROVED AS TO CONTENT:
~ t .tS. ().c
Planni~partment
APPROVED AS TO LEGAL
SUFF~:t~ ~
City Attomey
4
- 38-
Item V-L.2.
PLANNING
ITEM # 53736
Attorney Ann K. Crenshaw, Kaufman and Canoles, Suite 700, 2101 Parks Avenue, Phone: 491-4044,
represented the applicant, and advised the other speakers WAIVED their right to speak but expressed
appreciation to the City Council.
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED an
Ordinance upon application of TIDEWATER INSTITUTE OF SPORTS, L.L.C.for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF TIDEWATER INSTITUTE
OF SPORTS, L.L.c. FOR A CONDITIONAL USE PERMIT FOR A
RECREATIONAL FACILITY OF AN OUTDOOR NATURE
R030531240
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Tidewater Institute of Sports, L.L. C.for
a Conditional Use Permit for a recreational facility of an outdoor
nature on property located on the east side of Harpers Road,
approximately 1080 feet north of Dam Neck Road
(GPINS24054531390000; 24057503860000; 24048796590000).
DISTRICT 6 - BEACH
The following conditions shall be required:
1. The site shall be developed in substantial conformance with the
site plan entitled "TIS Soccer Fields, Virginia Beach, VA"
dated12/0l/04 and prepared by MSA, Pc. This site plan was
exhibited to City Council and is on file with the Department of
Planning.
2 As an alternative to standard site improvements, any use of
gravel for the permanent parking lot surfaces must be reviewed
and approved by the Zoning Administrator and the Building Official.
3. A detailed landscape plan must be submitted for any gravel
parking lot area should it be approved per Condition #2.
4. The submitted designfor the Central Building should incorporate
design features more appropriate to human scale. The applicant
shall work with the Planning Director and staff to revise the
building elevation to incorporate architectural features and
details that accomplish this.
5. A no ingress/egress easement shall be dedicated to the City of
Virginia Beach along the entire frontage of Harpers Road.
March 22. 2005
- 39-
Item V-L.2.
PLANNING
ITEM # 53736 (Continued)
6. A variable width right-of-way reservation will be necessary
along Harpers Road to accommodate the one hundred-foot
(100') roadway designated on the Master Transportation Plan.
The stormwater management facilities shown on the site plan will
need to be relocated outside of the reservation area.
7. Access out of the site will be limited to right turns onto
westbound Dam Neck Road.
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-second of March Two
Thousand Five
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W. Schmidt, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
James L. Wood
March 22, 2005
- 40-
Item V-L.3.
PLANNING
ITEM # 53737
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council MODIFED a
Conditional Use Permit upon application of UNION BAPTIST CHURCH (approved by City Council on
October 17, 1995) to allow the church a three (3) story mezzanine building and expand the church at 4608
South Boulevard:
ORDINANCE UPON APPLICATION OF UNION BAPTIST CHURCH
FORA CONDITIONAL USE PERMIT FORA CHURCH EXPANSION
R030531241
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Union Baptist Church for a
Conditional Use Permit for a church expansion on property located at
4608 South Boulevard (GPIN 14774192980000). DISTRICT 3 ROSE
HALL
The following conditions shall be required:
1. When the multi-purpose center is constructed, it shall be in
general conformance with the submitted plan entitled,
"Conceptual Site Layout Plan of Union Baptist Church, 4608
South Boulevard, Virginia Beach, VA," prepared by MSA, P. c.,
dated 12/01/04, subject to any changes in the footprint of the
building that may result due to action of the Board of Zoning
Appeals.
2. When the multi-purpose center is constructed, it shall be in
substantial conformance with the elevations entitled, "Front
Elevation, Union Baptist Multipurpose Center, Virginia Beach,
VA, "prepared by Rancorn Wildman Architects, subject to any
changes that occur due to modifications in the footprint of the
building resultingfrom action of the Board of Zoning Appeals.
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 Twenty-second of March Two
Thousand Five
March 22, 2005
Item V-L.3.
PLANNING
Voting:
- 41 -
ITEM # 53737 (Continued)
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W Schmidt, Ron A, Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
James L. Wood
(
March 22, 2005
- 42-
Item V-L.4
PLANNING
ITEM # 53738
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED an
Ordinance upon application of GENERAL RENTAL CENTERfor a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF GENERAL RENTAL
CENTER FOR A CONDITIONAL USE PERMIT FOR MOTOR
VEHICLE RENTAL AND BULK STORAGE R030531242
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of General Rental Center for a
Conditional Use Permit for motor vehicle rental and bulk storage on
property located at 616 Village Drive (GPIN 24076738430000),
DISTRICT 6 - BEACH
The following conditions shall be required:
1. The site is limited to fifteen (I5) vehicles available for rental
purposes.
2. Rental vehicle parking shall be located as depicted on the
submitted exhibit entitled "Exhibit of General Rental Center, 616
Village Drive, Virginia Beach, Virginia", dated 11/19/04, and
prepared by MSA, P. c., EXCEPT there shall be no rental
vehicles parked forward of the building wall parallel to Village
Drive.
3. Street frontage landscaping, in accordance with the City of
Virginia Beach Parking Lot and Foundation Landscaping
Specifications and Standards, shall be installed in the grassy
area along Village Drive,
4. The bulk storage/rental vehicle parking area shall be enclosed
with Category VI screening, in accordance with the City of
Virginia Beach Landscape Screening and Buffering
Specifications and Standards. The applicant shall confer with
Staff to determine the appropriate location for the screening and
buffering.
5. Existing rental items, such as light construction equipment and
utility trailers, shall be stored within the rental vehicle parking
area depicted on the submitted exhibit entitled "Exhibit of
General Rental Center, 616 Village Drive, Virginia Beach,
Virginia ", dated 11/19/04, and prepared by MSA, P. C.
6. The bulk storage/rental vehicle parking area may be gravel,
provided a waiver of on-site improvements is requested and
approved by the Planning Director.
March 22, 2005
- 43-
Item V-L.4
PLANNING
ITEM # 53738 (Continued)
7. The applicant shall pressure wash and paint the building and
perform general maintenance on the building. Paint colors shall
be limited to earth tones,
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-second of March Two
Thousand Five
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W. Schmidt, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
James L. Wood
March 22, 2005
- 44-
Item V-L5.
PLANNING
ITEM # 53739
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED an
Ordinance upon application of JUDITH M. COFIELD for a Conditional Use Permit re a private
residential kennel:
ORDINANCE UPON APPLICATION OF JUDITH M. COFIELD FOR
A CONDITIONAL USE PERMIT FOR A RESIDENTIAL KENNEL
R030531243
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Judith M. Cofield for a Conditional
Use Permit for a residential kennel on property located at 1349
Sycamore Road (GPIN 14887816670000).
DISTRICT 5 -LYNNHAVEN
The following conditions shall be required:
1. By January 15 of each year, the applicant shall submit to the
Zoning Administrator evidence that the dogs are up-to-date on
any required shots and properly licensed through the City of
Virginia Beach.
2. Upon the death of anyone of the five (5) dogs, the site shall be
limited to no more than four (4) dogs.
3. The applicant shall strive to insure that the dogs are confined to
her property at all times. Any outdoor area for the animals shall
not be located within one hundred (I 00) feet of the property line
of any adjacent lot, as specified in Section 223 of the City Zoning
Ordinance. The applicant may apply to the Board of Zoning
Appeals for a reduction in this requirement
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 Twenty-second of March Two
Thousand Five
March 22, 2005
Item V-L5.
PLANNING
Voting:
- 45 -
ITEM # 53739 (Continued)
9-1 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard
A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W
Schmidt, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
James L. Wood
March 22, 2005
- 46-
Item V-L.6.
PLANNING
ITEM # 53740
Thefollowing registered to speak, representing Empower Hampton Roads:
Kathy Llewellyn, 1337 Walnut Avenue, Phone: 714-7802, single mother, requested City Council address
the problem of affordable and safe housing.
Reverend Randy Orwig, Pastor - United Church of Christ, proud member of Empower Hampton Roads, and
member of City's Housing Group, through the Interfaith Advisory Board. This Board is a sub committee
of providers which came forward to share the distress experienced in the Faith communities with non-profit
providers as a result of escalating housing costs and ongoing loss of lower income housing. The
Cornerstone project (application of Wedge wood Associates, L.L.c.) symbolizes the movingforward of
housing development without a clear policy and ordinance guideline allowing any developer to know how
to proceed. Reverend Orwig requested development of a land use zoning policy allowing the availability
of affordable housing. Policies re housing trusts; inclusionary zoning, tax breaks andfinancing assistance
should be developed for affordable housing.
William J. Groom, 521 Graydon Avenue, Apartment D, Norfolk Virginia, Phone: 625-3739, resident of
Norfolk and former "homeless" person, Mr. Groom requested the developers of the land formerly
occupied by the Wedgewood Mobile Home Park provide a segment of affordable housing.
Deborah Wall, 1121 Black Duck Court, Phone: 418-8744, deferred to Teresa Stanley
Teresa Stanley, 4356 Bonney Road, Phone: (252) 255-1981, has worked with the Catholic Churchfor the
past fifteen (I 5) years. Ms. Stanley requested the Sandlers voluntarily provide a certain percentage of
opportunity based housingfor all income levels and the City adopt an Inclusionary Zoning Ordinance.
Inclusionary Zoning ensures a percentage of all development, includes affordable housing and has
been successfully implemented in other regions of this country. The Cornerstone project density bonus
request should be denied.
Attorney Thelma Carroll, 5903 Clear Springs Road, Phone: 420-5055, advised Inclusionary Zoning, also
known as Opportunity Based Housing, is a tool for providing an adequate supply of safe, decent attractive
and diverse housing with a range of values, including owner occupied and rental units to accommodate the
present and future needs of all Virginia Beach residents as stated in the Comprehensive Plan. Examples
of Inclusionary Zoning Ordinances can be found in Fairfax County, Virginia, and also in Montgomery
County, Maryland. Relative this Ordinance, Empower Hampton Roads is planning afield trip to Fairfax
County in May. Attorney Carroll advised affordable housing is not having to expend more than thirty (30%)
percent of your income on shelter.
Abby Causey, 560 Caren Drive, Phone: 463-1483, Social Minister of Catholic Church in Virginia Beach.
Ms. Causey urged adoption of Inclusionary Zoning and providing affordable housing.
Tim McCarthy, 3845 Prince Phillip Circle, Phone: 486-3375, urged adoption of Inclusionary Zoning and
develop more affordable housing within the community. Empower Hampton Roads is opposed to the
density bonus requested by the San diers, without afull assurance of affordable opportunity based housing
in this complex (application of Wedgewood Associates, L.L. C.) Mr. McCarthy advised the Workshop re
Inclusionary Zoning in Fairfax, Virginia, is scheduledfor May 1 ?h and they would welcome City Council's
attendance.
March 22, 2005
- 47-
Item V-L. 6.
PLANNING
ITEM # 53740 (Continued)
Upon motion by Councilman Diezel, seconded by Councilman Schmidt, City Council DEFERRED until the
City Council Session of April 5, 2005, Ordinance upon application of WEDGEWOOD ASSOCIATES,
L.L. c., for a Conditional Change of Zoning:
ORDINANCE UPON APPLICATION OF WEDGEWOOD
ASSOCIATES, L.L.c., FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM A-12 TO CONDITIONAL A-24 WITH A
PD-H2 PLANNED DEVELOPMENT OVERLAY DISTRICT
Ordinance upon Application of Wedgewood Associates, L.L. c., for a
Chanve ofZoninf! District Classification (romA-12 Apartment District
to Conditional A-24 Apartment District with a PD-H2 Planned
Development Overlay District on property located on the north side of
Bonney Road and Dolton Drive, west of Alicia Drive (GPINS
14771112670000; -1133130000; -2122470000; -3112940000). The
purpose is to develop a planned residential community, The
Comprehensive Plan designates this site as being part of Strategic
Growth Area 4 - Pembroke Area (Bonney Road West Corridor),
suitable for mixed use development including residential consistent
with the policies of the Comprehensive Plan. DISTRICT 2 -
KEMPSVILLE
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W Schmidt and Ron A. Villanueva
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson and James L. Wood
March 22, 2005
- 48-
Item V-L.7.
PLANNING
ITEM # 53741
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council DEFERRED
INDEFINITELY an Ordinance upon application of NELIN BROTHERS for a Conditional Change of
Zoning District Classification:
ORDINANCE UPON APPLICATION OF NELIN BROTHERS FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-20
TO CONDITIONAL 0-1
Ordinance upon application ofNelin Brothers for a Chanf!e ofZoninf!
District Classification from R-20 Residential District to Conditional
0-1 Office District on property located at 2122 General Booth
Boulevard (GPIN 24141834440000). The Comprehensive Plan
designates this site as being part of the Primary Residential Area
(South General Booth Boulevard Corridor), suitable for appropriately
located suburban residential and non-residential uses consistent with
the policies of the Comprehensive Plan. The purpose of the requested
modification is to develop the site for an office building. DISTRICT 7
- PRINCESS ANNE
Voting: 9-0
Council Members Voting Aye:
Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter
W. Schmidt, Rosemary Wilson and Ron A. Villanueva
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel and James L. Wood
MarCh:. 200~ ..
Item V-M.
- 49-
APPOINTMENTS
ITEM #53742
BY CONSENSUS, City Council RESCHEDULED:
COMMUNITY POLICY AND MANAGEMENT TEAM - CSA At Risk
COMMUNITY SERVICES BOARD
FRANCIS LAND HOUSE BOARD OF GOVERNORS
HEALTH SERVICES ADVISORY BOARD
HUMAN RIGHTS COMMISSION
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE
MINORITY BUSINESS COUNCIL
OPEN SPACE SUBCOMMITTEE
PARKS AND RECREATION COMMISSION
PERFORMING ARTS THEATRE ADVISORY COMMITTEE
PERSONNEL BOARD
THE PLANNING COUNCIL
TOWING ADVISORY BOARD
March 22, 2005
- 50-
Item V-Po
ADJOURNMENT
ITEM # 53743
Mayor Meyera E. OberndorfDECLARED the City Council Meeting ADJOURNED at 10:39 P.M.
Q~__f:_~:~~__
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
~-
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
March 22, 2005