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HomeMy WebLinkAboutJANUARY 07, 2003 AGENDACity of Virginia Beach "COMMUNITY FOR A LIFETIME" CITY COUNCIL M4 YOR ME} ERA E OBERND RF At Loge VICE MA YO R L 0 UIS R JON S Ba%srde Disrricr 4 MARGARETL EURE Centerville Disrricr } HARRY E DI.EZEL Aempsvrlle Disma R B 4 S A cL A 4 le Rose Hall Dlsm t 3 !C H 4 R-D -t M-4DDOX Beach Disrr a Jl t f PEE � E Princess 4 nne L rsrrrcl PETER 9 SCHAigDT At Lange- R N,4 [ULAN( Et A At Large ROB E4MR� IL ON At Largt- JAAIE1S { h OOD L vnnhav en Drwrlcr 5 CITY COUNCIL AGENDA JA WE; i, SPORE C rr} Alanagc. r L.E LIE L LIL LEI Crr} 4frornev I CITY MANAGERS BRIEFINGS I 9 3 January 7, 2003 C17 H4LL BUILDING 1 2401 COURTHOUSE ON VE PHONE (757) 477 4303 F 4X(75) 426 5669 MAIL C4cn,-1 vbgov co - Conference Room - I 00 PM TELECOMMUNICATIONS UPGRADE Gwen K Cowart, Di rector - Department of Communications and Information Technolog COMMONWEALTH'S ATTORNEY - GOVERNOR S Budget Shortfalls Harvey L Bryant,1H, Commonwealth's Attorney CONOMIC DEVELOPMENT STRATEGIC PLAN Donald L Maxwell, Director of Economic Development II REVIEW OF AGENDA ITEMS IH COUNCIL LIAISON REPORTS IV CITY COUNCIL COMMENTS 11 V INFORMAL SESSION CALL To ORDER -1ayor Meyera E Oberndorf ROLL CALL OF CITE CUNCE. C RECESS TO CLOSED SESSION 11 VI FORMAL SESSION A CALL To ORDER - Mayor Mey ra E Obemdorf INVOCATION Pastor Randy Childress Kmpsville Church ofChrist Conference Room - 4 30 PM 11 - Council Cbamb r - 6 OO PM C PLEDGE of ALLEGIANCE TO THE FLAG OF THE UNITED STATES of AMERIC ELECTRONIC ROLL CALL OF CITY COUNCIL E CERTIFICATION OF CLOSED SESSION MINUTES I INFORMAL AND FORMAL SESSIONS G AGENDA FOR FORMAL SESSION PUBLIC HEARING I TAXA4ETER RAVE INCREASE December 17, 2002 I J ORDINANCES/RESOLUTION 1 Ordinances re Cigarette Tax a AMEND § 35-207 of the City Code re proposed cigarette tax increase b APPROPRIAT E S 1 8, 000 additional CIGARETTE TAX revenue to Economic Development re fire and police staffing as well as public safety facilities and equipment Ordinance to AUTHORJZE a Cooperative Agreement between the City Council and the School Board re the provision of legal services to the Board by the City Attorney in F o2_3 3 Ordinance to ESTABLISH the Creeds Traimng Facility -design, APPROPRIATE o,0000 from. the DEA Shared Assets fund, and, TRANSFER $520,000 from the Library Renovations and Replacements capital improvement project(CIP) Ordinances to ACCEPT and APPROPRIATE funds for open space improvements a 5,830 from Mill Darn Landing Associates - Beaehi4alk Canning b $94,250 from Carol Ann Properties, Inc - Estates on the Lvnuhaven 5 Resolution appointing Lee Earl Devendorf to the position of Assistant City Attorney effectnel 3annary 2003 PLANNING 1 Application of KEMPSVIEEEIC NTERVILLE ASSOCIATES, E L C for a Conditional Use Permit re mini -warehouses and self storage with an office building and manager's residence on the south side of Kemp ville Road and Centerville Turnpike contoaning 9 31 acres (DISTRICT 1 - CEN7ER ILLE Deferred Recommendation November 261 2 APPROVAL K APPOINTMENTS COMMLMTY SERVICES BOARD(nominated 1 {'1 r{ 2 Robert Gregory William J Brune MINORITY BUSINESS COUNCIL RESORT ADVISORY COMMISSION (RACE VOLUNTEER C LN C EL YOUTH SERVICES COORDINATING COUNCU, L UNFINISHED BUSINESS M NEW BUSINESS N ADJOURNMENT If you are phYsIC2111 dMbled or visually impaired and need assistance at this meeting please call the CITE' CLERK S OFFICE at 427 4303 Hearing impaired call T D only 4 7-4305 TDD Telephonic Device for the leaf) Agenda 0 /07/03/gw %v%vw -vb ov com I CITY 1IAAI"S BRIEFINGS - Conference Room - 1 OOPM 1 TELECOMMUNICATIONS UPGRADE Garen K Cowart, Dire cto r- Department of Communications and Information Technology C 1M IWEALTH"S ATTORNEY E - GOVERNOR'S Budget Shortfalls Harvey L Bryant, ICI, Commonwealth's Attorney ECONOMIC DEVELOPMENT ENT STRATEGIC PLAN Donald L Maxwell, Director of Economic Development 1I REVIEW of AGENDA ITEMS III COUNCIL LIAISON REPORTS IV CITY COUNCIL COMMENTS INFORMAL SESSION CALL TO ORDER - Mayor Meyera E Obemdorf ROLL CALL OF CITE COUNCIL C RECESS TO CLOSED SESSION - Conference Room - 4 30 PM I FORMAL SESSION A CALL TO ORDER - Mayor Meyera E Oberndorf INVOCATION Pastor Randy Childress K m sville Church of Chnst Council Chamber i 6 00 PM C PLEDGE of ALLEGIANCE TO THE `LAG OF THE UNITED STATES OF A]M RICA D ELECTRONIC ROLL CALL OF CITY COUNCIL CERTIFICATION OF CLOSED SESSION F MINUTES I INTORMAL AND FORMAL SESSIONS G AGENDA FOR FORMAL SESSION December 1, 2002 OR R N trig jot it tt,& on CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHERF,AS The Virgmia Beach City Council convened into CLOSED SESSION pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act, and WHEREAS Section .22-3712 of the Code ofVirginia requires a certification by the governing body that such Closed Session was conducted in confomlity with Virginia Law NOW, THEREFORE., BE IT RESOLVED That the Virginia Beach City Council h rebv certifies that, to the best of each member's knowledge, a only public business natters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution apples, 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 H PUBLIC HEARING 1 TAXIMETER RATE INCREASE NOTICE OF PUBLIC HEARING Taximeter Rate increase The City of Virginia Beach proposes to amend and reordain Chapter 36 172 of the Code of the City of Virginia Beach Virginia which pertains to taximeter rates the City allows taxicab companies to charge It is proposed that • the rate of 20 cents per one eighth (1 /8) mile be increased to 23 cents per one -eighth mile the waiting charge rate of 20 cents per minute be increased to 23 cents per minute • and the Hourly Hire Rate be increased from 12 00 per hour to $13 80 per hour The purpose of the proposed rate increase is intended to keep Virginia Bead on par with the rates allowed by other South Hampton Roads communities and to compensate for increased costs of fuel and auto maintenance, which local cab companies are factng, The public hearing will be conducted on Tuesday January 7 2003 at 6 00 p m in Council Chamber on the second floor of the City Hall Building Municipal Center Virginia Beach Virginia Interested persons may appear at such time and place to present their views Individuals desiring to provide oral or written comments may do so by contacting the City Clerk office at 427 4303 If you are physically disabled or hearing or visually impaired and you need assistance at this meeting, please call 427 4305 I oice TDD City Council will consider this increase at their formal session on January 14, 2003 Llos�z jz� - th Hodges Smith I M Note 1 Advgrtisement to appear in the Beacon no rater than December 28, 2002 I ORDINANCESIRESOLUTION 1 Ordinances re Cigarette Tax a AMEND § 35-2.07 of the City Code re proposed cigarette tax increase b APPROPRIATE 1,0 , 0 additional CIGARETTE TAX revenue to Economic Development nt re fire and police staffing as well as public safety facilities and equipment 2 Ordinance to AUTHORIZE a Cooperative Agreement between the City Council and the School Board re the provision of legal services to the Board by the City Attorney in FY 2002-20U3 Ordinance to ESTABLISH the Creeds Training Facility -design, APPROPRIATE 0, 0000 from the DE A Shared Assets gaud, and, TRAN SFER 2 0,000 from the Library Renovations and Replacements capital improvement project (CEP) Ordinances to ACCEPT and APPROPRIATE funds for open space improvements 5,830 from Mill Darn Landing Associates - Beachwalk Landing 92 from Carol Ann Properties, Inc - Estates on the Lvnnhaven 5 Resolution appointing Lee Earl Devendorf to the position of Assistant City Attorney effectivel January 2003 Item V-H I ORDINANCES ITEM # 50595 Mayor Oberndorf referenced the correspondence from the Commissioner of the Reverence relative response to Council Ludy Eure s questions o December Tenth What happens if a wholesaler buys cigarettes and then delivers them to a retailer who later refuses topay their bill Could the wholesaler get their money back on the stamps on thepackages 9 How does a tax stamp duffer from sales tax 7 Said correspondence is hereby made a part of the record Thefollowing registered in SUPPORT William Bailey Virginia Beach Professional FirefighterS 4841 Roseeroft greet Phone 288 5761 Ned H Lowery Jr 1816 Timberwood Lane Phone 496 9969 The folio ring registered in OPPOSITION Brian Kirwin 304 Cripple Creek Court Ferri Boothe 528 Pinewood Dave Phone 491 2883 John D ► ass Chmr Virginia Beach Ta payers Alliance 4109 Richardson Road Phone 363 774.5 Henry Ryto 864 Old Virginia Beach Road Phone 428 2 763 Ben Krause Vice Chair Virginia Beach Taxpayers Alliance 1436 Five Hill Trail Phone 486 3721 Reid Creenmun Chair of Economic Development Committee Virginia Beach Council of Civic OrganLzations 2621 Sandpiper road Phone 4 558 Mayor Oberndorf advised the 79`* Street Corridor has been eliminated from the Ordinance and quoted the Budgetary Allocation of Proposed rax Increase The addazonal funding would be allocated as follows for FY 2002 03 $406 400for additional radios forpublic safety departments to reduce the ,sharingof radra morrgd partme nts (EMSradio c $89 600 Police 0 radios a S192 000 Fire 39 radios @ $1 4 800 418 600 for public infrastructure costs associated with Economic Development projects that will be authorized based on City Council approval new CIP project 9 0.3 5 180 000 for additional funding to the EDrP CIP project 9 141 575 000 to target busrrness investrnem in the defense and se ~urzt industries Beginning in F'Y 2003 04 the additional cigarette tax revenue is proposed to be allocated as follows (but could be modified depending on final F Y 703 04 budget needs) Public Safety Issues Tern 10 cents would remain in the General Fund to fund items such as the following tern addazonal ire fighters grant march requirements for twenty fire police officers through the Federal Community Policing Grant public safety infrastructure and equipment and police over time pay far special events EconomicDevelopment Infrastructure Projects Five 5 cents to provide initial funding for property acquisition project design and infrastructure improvements for Czty Council authorized prolecis rP Three cents to prowde addrtnonal funding for incentives to help retain and attract business that meet the requirement of the EDIP and Council goals Decernber 17 2002 Ite)" V-H I ORDINANCES ITEM # (Continued) Upon moron by Councilman Villanueva seconded by Council Lady Wilson City Council DEFERRED T JANUA. Y Ordinances re Cigarette Tax ND § 35 20 7 of the City Code re proposed increase of this tax APP PRUTE $1080 000 additional CIGARE TAX revenue to Economic Development refire an police staffing as well as public safety aca -�ilttr s and a ip nt-&reef Gorrid, and economicdevelopment rn atrves '`AW21&1- Voting 91 Council Members Voting Aye Margaret L Eure Vice Mayor Leis p Jong Reba S McClanan Richard A Maddox Mayor Meyera E Oberndorf Jim Reeve Ron Villanueva Rosemary Wdson and Jaynes L Wood Council Members Voting Nay PeterSchmidt Council Members Absent None Deceinber 17 2 0 02 srgLn3.a Heath City Council Deenbr 17, 2002 00 p m CITY COUNCIL Meyera E Oberndorf, Mayor Vice Mayor Louis R Jones Margaret L Eure Reba S Mc lanan Richard A Maddox Jim Reeve Deter W Schmzdt Ron A Villanueva Rosemary Wilson James L N od CI Ty NuuqAA;ER CITY ATTORNEY CITY CLERK STENOGDAPHIC REPORTER At -Large Bayside - District 4 Centerville - District Y Rose Hall- District Beach - District Princess Anne - District 7 At -Large At -Large At -Large Lynnhaven - District James K Spore Leslie L Lilley Ruth Hodges Smith MM Dawne Franklin Meads VERBATIM Public Hearing on the proposed Cigarette Tax 1 December 17, MAYOR BEMMRF May I also ask you one *gore uestio*N) ATHERYN Wl3I TE SELL U h- h u h MAYOR OBERNDORF The Commissioner of the Revenue sent a letter to us and I dory t know if you have had a chance to see it or not CATHERYN WHITESELL ho, ma'am MAYOR OBEPIMORF I was trying to find out if it s the same explanation that we received from the City Staff and I haven t had a chance to -- CATEMRYbT WgITESE L Concerning the question from last week" MAYOR OBERNDORF Uh-hun About what happens with the cigarette -- CATHERYN WHITBSELL I would hope it is We worked heavily with the Department to respond to the Council on that issue We had meetings with then on the issue MAYOR OBERMORF Thank you Mr Spercer LARRY SPENCER I Must wanted to say Mr Kellam gave me a copy of the letter a couple hours ago and it is the same thing I think He does on and addresses other points, but it's the same MAYOR 0BUMORF C h okay LARRY SE ER I had to read it twice but it's the same thing MAYOR OBERMORF Well I read it twice and I couldn t fiqure I.t out I m not a lawyer 1 December 17, 200 ICY SPEAKER Right MAYOR OBERDRF But if you understand it VICE M&YOR JNE S It s basically what we said at the lash. Meeting MAYOR OBERND RF That's what I thought MAYOR OB RNOORF But I wanted to be certain there is someone who understands Mrs Wilson COUNCIL LADY WILSON I was Dust wondering what -- are we doing to have -- I know we had our Public Hearing last weep Are we going to be hearing from anyone today as well or are we 3umping into the discussion on thisf) MAYOR OBERNDORF Well, I certainly don t want to force anybody on this Council to have to play by the rules that were previously in affect I will loop to all of you to see if you would like to hear the folks who might be here tonight that weren't here last week MAYOR OBFJMORF Mr Jones C L]NCIIN" JONES I t)ink there are some people }sere that weren t here last week so I think we ought Co give them the opportunity to speak Madam Mayor CITY CLERK Your Honor, I would like to ask Council one thing The last speaker had requested to have double time MILYOR OBERNDORF Madam Clerk, I m afraid that the three minutes will be what each person will have to speak to for both sterns I don t have a sheet I don t know who has signed up under ghat so December 17, 2002 I will trust you to call them appropriately CITY CLERKWilliam Bailey WILLIAM BAILSY Mayor -- MAYOR OBFIUMORF Mr Bailey WILLIAM SAILEY -- I -Lster Vice Mayor and Members of Coarcil, I am William Bailey I live 1n I empsv111e and I am President of the Virginia Beach Professional Firefighters I m here this evening to speak on behalf of the proposed 18-cent cigarette tax increase None of us like to raise taxes at all I think it s important with the Budget situation we have with the State and now it's impacting the local economy here, that it's important that we take the opportunity to raise taxes where we have to that has the least amount of impact on our citizens I think this 1s an opportunity that I support My 382 members are supportive of this also We have read and seen on television where 10-cents 1s supposed to go to public safety and a portion of it goes to economic development Ana I don t have the finisned copy of the latest revision you -alb, have, but we are supportive of this We would like to see the additional Firefighter positions and we would also like to see the Police Officer positions and portable radios that we have been lobbying for for 15 months -- they are desperately needed and this 1s an opportunity for us to get those radios e would be very grateful if you approve this tax and do that this evening I would also like to comment that there are some people behind me who are going to be opposed to the cigarette tam and I applaud their efforts to speak out against that However, we all know that if you have been a citizen from Virginia Beach very long that 1f a citizen is truly opposed to an issue they show up in mass There are very few people here this evening to speak against xt and there were very few people last week I don t think that small representative group speaks for the population of the City and I 3 December 17 2002 would ask you to take that into consideration when you vote this evening Thank you very much MAYOR OBERNDORF Thank you Mr Bailey CITY CLERK Ned Lower' N D LC ERY Madam Mayor, Vice Mayor and Council Members, thank you for this opportunity to let me speak on the tax increase I myself am in favor of the tax increase It would provide additional Firefighters and Police for the growth of the City and it would provide the necessary matching funds to give us the money for this The radios are indeed an important detail to go along with this increase It s important that every Firefighter as well as Police Officer have the ability to communicate with the dispatchers or the necessary means to communicate with each other This would also provide economic development to bring in businesses for the City and to help provide growth and ] obs for our future children for their Sobs You know, 3 ust basically provide you know, better 3 obs for the community and for our children in the future o, I hope you -all vote for the tax increase and thank you very much MAYOR OBEPMORF Thank you CITY CLERK Brian Iirwin BRIAN IUR IN Lona t irrte no see MAYOR OBERMORF I sari yoj at the CCO banquet w_Lth your lovely wife I didn't Know you smokea RIA1N KIRWIN I am so behind my City Good evening Council Members Madam Mayor and Mr Spore I feel kind of guilty tonight I have lone been a supporter of public safety and economic development and they each have real and 4 December 17, 200 targile needs Now f I learn that the way to fund these needs is not through more efficient Government, which many of yct2 ran for earlier this year but through more cigarette taxes which I don't believe anybody ran on My guilt I have been a non-smoker all my life I never realized that my net smoking would keep my City from providing such important needs I worry that your efforts might be weakened if people quit smoking or if people are discouraged because of high taxes so they would be consistent It seems you will need a comprehensive effort to maintain or increase smoking in the City This revenue is too important Citizens need to know how much our city depends on their smoking Even better imagine the possibilities of revenue if non-smokers like me started smoking or of a civic commitment to provide our City with the money they can t find in a I -Billion-Dollar Budget You can spend 0 000 to advertise a sales tax increase you voted for but the people dido t aybe you ear spend the same amount of money to start a please smoke campaign, educating us how important smoking is to funding our City needs If you vote yes tonight you can even say please smoke into the microphone after all if you wanted smoking to decrease -- you wouldn't base these needs on revenues if you wanted it to shrink To non-smokers everywhere, the pledge is clear Licht up, your City needs you For me I apologize for my years of non-smoking that have hurt your efforts to raise revenue I am willing to do my part and even buy an occasional pack to snow my commitment to rny City Council Thankshoe-Lng me the light - MAYOR OBER D RF Thank you Mr Kirwin I know Mr Reeve must have en3oed that Earlier this evening he wanted someone to tell a joke and yours topped it 5 December 17, 2002 CITY CLERK Terri Boothe TERRI BOOTHE Im here to speak against the smoking tax i t cr a s e spec. f u l l y beta L e.1 m not supporting the 19th Street Corridor Project I don t know anything about it It was on the Agenda and, you know that s all I know about it It concerned me that 5--cents of this is going to the lth Street Corridor Pro3ect You know I don't think we necessarily need a new tax So in addition to the 1th Street Corridor Pro3ect, whether or not you include it I hope you won t I don t think we need an additional tax So,. I'm against it MAYOR OBERNDORF Thank you Do you s m '� TERRI BOOTHE It depends MAYOR OBERND RF Okay CITY CLERK John doss JOHN MOSS Good evening MAYOR OBER D RF Good evening JOH T Moss IJohn Moss and I represent tie Virginia Beach Taxpayers Alliance I m not going to repeat my comments of last week, because I think they were well heard but I would like to bring up a couple of facts that don t often came from the Staff Consider a senior citizen unfortunately who during the gears of the 40' s clot under the addicting quality of cigarettes and took up a habit without foreknowledge, who now smokes a pack a day That s a year that she or he will pair additionally in taxes That s 40 of the increase they just received for a whole year on their Social 6 December 17, Z. Security check One of the points that I have mane is I don t think you have done are assessment, even assuming out of the $1 -Billion yoti can't find 4 -Million I still don t believe that You haver, t looked I wish we could spend as much time on cost reduction chart amendments and changes as we do on tax increases but we seem much more interested in raising revenue than looking at cost reductions at these public discussions But, look at what this means to people the choices they have since it is truly an addiction We all recognize it as an addiction That s how we are able to get those big legal lawsuits and new we're saying (Inaudible) your addiction and, boy, are we going to make you pay Well, those consequences -- does that come at the expense of medication's you know at the end the $ 5 is that a pair of shoes for their randchiidren' I don't know what it means But the important thing is nobody up here has discussed what it means and e re tal?ing about a maDor fiscal public policy We're also telling all these people that for 15 months they have gone without radios and without Police and Fire, when I have heard 15-Million theaters and all sorts of other money I know with mar family the basics get taken care of first not dessert And I hear a lot of talk about 1 -Million in that billion dollars I ask you go take a look If Mr Spore can't find 4 5-Million out of 1 -Billion he s not looking This isn't about making a hard choice This is the choice of what you would think the lust resistance i agree there am t a lot otf people here peakynq against it r'knere eren t a lot of people at many of those forums I attended on the regional sales tax and it gent down Do you know that the cigarette tax if two people smoke it exceeds the annual tax a family would have paid on a regional sales tax I think you need to 7 December 17, 2002 tale a hard look at what kind of leadership position you are doing to o back and tell the citizens That s like a person making 40 000 a year couldn t find 10 3/10 of 1- .Haire rioxe faith in yourself Fai e rrore faith . � your C, ter Manager Find the money Don t balance it on our bac, s Thank you CITY CLMM Henry Rt H22MY RYTO Hello try name is Henry Ryto and I came before you again to speak on the processed cigarette tax increase One of the primary lessons that should have been learned from the regional transportation referendum is that you don t simply 3dertxfy a problems then ba k any piece of Legislation not matter how i11 conceived, on the grounds that it does something I made a shorter speech last weekend, but with the vote not scheduled until tonight there was time to draft a substitute I haven t heard one being drawn up Although parts of the comments earlier as far a the 5-cents, may be corning out later 1f you want to ask those of us who have spoken this week and last, I doubt you would find any ob)ectxon to As a matter of fact you Lld probably find much support for increased spend.^g on LIED and public safety The question is hoer to do it The current proposed increase as outlined last weep at the threat of a Mate Cap rushing the proposal with more questions than answers one and -a -quarter million -dollars a year for a rough concept on 1 th Street money for public safety but undefined beyond the radios that would take some of the Year 1 Funds The VBDA requested 7-cents, but only clot -cents Then there s the question of such a large increase It would ma �-e cigarettes a carton more expensi�e than it Norfolk-, 4 for a t-%o-carto-~ purchase et cetera Count not only lost cigarette sales but how mucn more in other merchandise sales is lost on trips to Norfolk as far as where the cigarettes are going to be bought December 17, 2002 The Draft Proposal not only leads Virginia Beach businesses uncompetitiv ly out repeats the biggest mistakes of Senate Bill 668 Tnank you MAYOR OBEMMORF I nank you Mr Ryto CITY CLERIC mr Ber Yrause BEN FRUE Good afternoon MALYOR OBERNDORF Good afternoon Itm tired ]ust like you -all I'm here representing the Virginia Beach Taxpayers Alliance and I once again encourage you not to raise the cigarette tax to 0-cents per pack The gentleman who wanted more radios said well them aren't many people here -- there are more people spearing aaa.inst it than there are for it You knew if people were for it you would think they would be here also But I understand that you -all have been told b the municipality organization that the State intends to cap the amount of the tax placed on the cigarettes and I have done a little bit of research I took some time this week and I checked the offices of three State Delegates and checked the State Web Site There are no proposed bills to cap the tax on cigarettes and none of the Delegates' Offices knew of any such imminent bill and I talked to three of them Now, there is a b_L_Ll to raise the cigarette tax on cigarettes by a pe"ny a c� ar tte or 2,0-cents a pa,%z , & th�r k you need to tare t)11 s bill into cons ideration, because if you raise the tax to 50-cents then the State comes along and raises it to 2-cents it's croing to be 70-cents a pack You need to ask yourself is that really what you want for Virginia Beach) How is that 70-cents going to affect our economy) Now regarding the need for additional tax dollars you do have a 58-Million Rainy Day Fund that could be tapped for short term one -tune important needs such as public afetf' I think Public 9 December 17 2002 safety is important Otherwise if you're not going to use the rainy day fund for that why is it there Now, regarding additional funding for economic development you 3 ust double the office space the Authority occupies in a higher cost per square -foot buiiding when tneir net result has dire lztt e t rase per ca is i oo e 7 fact, ycjr o6n Budget still shows that it s declining o I thinly you should be questioning the result being achieved b Economic Development people before adding additional dollars You should be demanding performance like you do any other department Now in these trying times I recommend you review the City Policy of no layoffs chat'rhat's said right in your Budget. The State ana the 9`ederal Governnent cannot afford such luxuries and I t?,2nk s a luxury It also ties your hands if and when you have to cut -back on City Staff Now regarding the need for additional funding for public safety I can only assume that this reed must come last as it was not included in the regular Budget process In summary there is no pending Legislation restricting the Ceity in raising taxes You have a $58-Million Rainy Dav Fund for unforeseen needs like public safety You should demand performance in Economic Development and you need t do layoffs where necessary to rnake ends meet Please, do not raise our taxes CITY CLERIC Reid Greenmum REID GREE MUM Good evening, radars Mayor and l erib rs of City Council MICR OBEPMORF Good evening R ID GREEMM I come to you this evening not as a resident of Sandbridge but as the Chairman of the Econo-aic Development Committee for the Council of Civic Organizations 10 December 17 2002 I think last year when myself and other members of my committee came before you and asked you to take a look at increasing the Budget for the Department of Economic Development, I don't think you understood exactly what we were saying We weren t asking you to raise our tares to do that We were asking you to loop at the ratio of the sum total of Economic Development Currently we spend about 19-Million a year on convention and tourism and visitor development and I 7-Million on Mr Maxwell's Economic Development Budget Both of those departments are designed to bring additional economic development into the City I think that we need to look at the per capita income of the Sobs Tourism brings in low -paying Sobs High -paying, high-tech like what Mr Maxwell and his group are trying to do with the summit that you plan to fund with this money bring in much higher -paying Sobs which fit in with the city s plan for higher incomes, higher real estate revenues from higher property values So. what I would like you to do is not raise our taxes in order to have economic development, but take a look at the ratio of the money you already have I rise in opposition to this tax on the general principle that I dory t think e should be raising taxes in these hard times I do support your efforts on economic development What I would like to say to you though is in this tax you have 5-cents allocated to the 1th Street Corridor We have a real reed in this City for paxa-transit support and we ire talked with you about this before Since the 1th Street Corridor is not already an authorized pro3ect and we as citizens don't know what it is I don t think you should be raising takes at this time Maybe you should take a loop at using that money as a stopgap measure to provide much needed transportation services for those members of our community that don t have it We're still lurking the issues to fix that long-term problem, but ,n the meantime we need to do something 11 December 17, 2002 o, you might want to -- if you're going to pass this tax use the money for a real bona fide public need and net are issue like economic development I suDDort the Fire Department I support the Police If you pass this tax like Mr Kirwin said I will, do my part and I 11 begin to smoke I don't smoke now, but if that s what- o. need i r order for me to help r-Lng extra revenue into t'7e ity then b golly 1 m going to do my part But, ghat I encourage you to do is look for more wags to cut the taxes or maintain what you have and spend it better Thank you Have a good evening MAYOR DB] PND I#F Mr Wood COUNCIIMN WOOD I Dust had one question You made a comment that you are here on behalf of the C0 Economic Development So, is it my understanding that the CCO is opposing th-s) RE ID GREEN UM N of s3.r The CC70 is clarifying oar position Last year when we came before you and asked you to increase Mr Ma well's Budget apparently you misunderstood what we were asking What we were asking you to do was tame the existing ratio of money for economic development and to buy that more equitably between what you ingest in convention visitor and tourism 14-Million and l 7-Million And we were concerned that when we cane before you last year you misunderstood that and thought that a tax increase would be the way to do that and we didn't mean to leave you with that impression COUNCII24AN WOOD Okay So, ghat you re sayxna is the has not taken a Dosition on 1tl> RE ID GREENS The CCO has not taken a position on that That was my own follow-up 12 December 1? 200 COUNCI124M W0010 Tin are k you REID GREENMUi++M Anything e l s e> MAYOR CBERND ORF Mrs E u r e EI3D GREENUM Yes, ma am COUNCIL LADY EURE Madam Mayor, I think for the pun l i c s its f rmata.or� apparertly we didr' t understand what we said earlier The 1 th Street Corridor is not in this proposal now maybe now we need to Bread those four -- one two three, four items that it does cover so that it will be on the record and they will not be misunderstood And dick 1 understand you to say, sir that you do not smoke") REID BEN LTI+i That s correct I was sayirg that 3f 1,-.1,at s what I need to do to fund Dublic safety, then I will do my part COUNCIL LADY EURE would you really start smoking' REID GREENMUM No COUNCIL LADY EURE T 1 a r k yc j REID GREENMM If you do pull the 1 th Street Pro3 ect out that s terrific and I appreciate that you d that at this time and I applaud you for that Apparently, you must have considered what we said last week COUNCIL LADY EURE I woi2.A like to have -Lt read Miyor, b someone? so that it can be perfectly clear to know ghat we are going to vote on I really apologize when something in our Agenda is corrected, we really should have a copy handed out so that we would see the December 1�, 200' actual document RE I D GRENMUIM Yeah COUNCIL LADY ELT X Well, we got this Friday So we should have had copies for you I apolagize that the public does not have them R ID GRZEblbrM Well thank you Anything el e'� Again, have a good evening MAYOR OBERI D RF Mrs Eure, trying to respond to the question are we looking at the corer pace for the Agenda Item It starts at $406 400 for additional radios for public safety departments to reauce the sharing of radios among departments EMS 28 rad,os at 60 solace 60 rad.os ai- $192oOOO Fire, 39 radios at 1 4 800 and $418,600 for public infrastructure costs associated with economic development pro3ects that will be authorized based on City Council s approval of new CIP Pro3ect 9-038 and 80 000 for additional funding for the EDIP CIP Pro]ect 9-141 and $75,000 to target business investment in the defense and security industries Is that what you're referring toy COUNCIL LADY ZURE Yes Thank you COUNCILMAN WOOD Madam Mayor actually} the next section too It actually shows the percentage breakdown MAYOR OBERNDORF Okay Beginning an FY 200 -04 the additional cigarette tax revenue is proposed to be allocated as follows, but could be mod.faed depending on tle final FY 2003-04 Budget needs Public safety issues 10-cents would remain in the general fund to fund items such as the following Ten additional Firefighters grant match requirements for 25 Police Officers through the Federal Community Policing Grant, public safety infrastructure and equipment and Police orertame pay for special events 14 December 17 2002 Economic development infrastructure pro3ects, 5--cents to provide additional funding for property acquisition pro3ect design and infrastructure improvements for City ouncil's authorized proDects in EDIP -cents to provide additional funding for incentives to help retain and attract businesses that meet the requirements of the EDIP and Council coals COUNCIL LADY EU E Thank you Madam Mayor MAYOR OB PN ORF You re welcome Next speaker CITY CLERK That s all the speakers Your Honor MAYOR UBERINDORF That s all the peakers'� CITY CI RK Yes ma'am MAYOR DBERNDDRF Okay Thank you Ladies and Gentlemen of Council what is the desire of this BodyO Mr Villanueva C U CII N VILLANUKVA Mayor, I would like to make a motion to defer the Grote until after the Governor has announced his Budget cuts l think that it would be prudent for us to find out what his announcement is in regards to the Budget cuts so we can best determine the course of action then Soy I move to defer this Grote until the first of the year COUNCIL LADY NILSON Second MAYOR OBERND RF Any discussion) Mr Reeve COUNC1124M REEVE Not really on Mr Villanueva s proposal but more or less on the Lss e of the discussions at the State level that they may freeze our ability to tax I guess my question would be if at some later date they do 1s December 17 2002 freeze our ability to raise taxes, is rt always retroactive to January I or is it at their ai cr ticn-,, CDR O ERND RF I honestly don't know Mr L i i l ey, do you have any idea" CITY NMHAGER Well, I guess it's totally up to the discretion of the General. Assembly in terms of the final Legislation that they would adopt COUN ILM N REEVE Thank you MAYOR OBERMORP Mr Schmidt COUL ILMAN SCEQ41DT Thank you Madam Mayor I think we certainly could defer this issue, but I would like to go on record as being fundamentally opposed to it for several reasons First of all as Mr Villanueva had said the G-overnor s Budget will be delivered on the 2 th So, I certainly think that standpoirt -Ls premature Secondly I think chat we're gc�ng to see is v%hat we ve already seen so far armed will probably get a greater gl3rrpse of the severe CLt-backs in services for those people who probably reed these services t?,e most and I think frorr that standpoint whether cr not this were deferred and approved, the eApendature of these funds will be ill advised when we have, in my opinion{ sign2ficant and greaten needs in the community that we need to think about first Finally, I think again 3ust fundamentally for us to contemplate raising a tax before we have gone through the exercise to prove that our fiscal balance is absolutely in order and we can t find the fund internaliv through rigorous review, I think would be typically all found and consecuently I simply can t support the measure whatsoever MAYOR BE ND RF 'Thank you Mr Schmidt Any other Members December 17 2002 of Council-) Mrs Wilson) COUNCIL LADY WIL ON I really feel like this thing has been rushed along a little bit and I have spoken tc some Members of the General Assembly and they totally have no idea that this would be stopped and made retroactive Mr Spore and I spode with Bob McDonnell on Saturday and he had no idea that this would happen that we really didn t have to rusty it through I do think we do have to be cognizant that there are going to be some severe things possibly coming down from the State But, also,. I guess I m a person who likes some choices and some different types of scenarios and I would really like to see more go into the Economic Development Fund, because tnere are some very important things that are going to be in the pipeline that they are going to be using the Senate money for and we're not at liberty to say what those are right now There are some pretty exciting things happening out there Sometimes when you raise taxes -- maybe to make this part of the scenario cutting the real estate tax a half a cent and holding the schools harmless, I would like to see a scenario such as that put together So I would really like to 3ust --- if we can wait until after the first of the year and maybe have some other choices{ that would be my preference MAYOR OBERNDORF Okay Is there any other discusslon'� Well, there is a motion on the floor by Mr Villanueva seconded by Mrs Wilson to defer considering this tax until after the Governor delivers his December 20th Message and then we find out what other cuts or what other manipulation of the State Budget will be done by Members of the General Assembly so we will know how big our deficits are Are we ready for the question'' CITY CLERK By a gate of 9 to 1 you have deferred until 17 December 17 2002 t)77t�, It -he rd2naro for tl-e cigarette tag. 18 Item I ORDINANCES ITEM # 50595 Ma} or Oberndorf referenced in e corresponden ce from the Comm oy the Revenue relative response to Council Lady Eure s quesaons of December Tenth 'hat happens rf a wholesaler buys cigarettes and them deli ers them to a relanler who later refuses topa} their gill Could the Kholesaler get thezr mone-v back on the stamps on thepackages How does a tax stamp dzffer{roan sales tax Said correspondence is hereby made a part of the record The flloirng registered in SUPPORT William Barley Virginia Beach Professional FzrefghterS 4841 Rosecroft ,Street Phone 288 5 761 Ned H bowery Jr 1816 Tirnberwood Lane Phone 496 9969 Tine following registered zn OPPOSITION Brian Rzr in 304 Cripple Creek Court Terri Boothe 528 Pinewood Drzve phone 491 2883 John D Moss Chair I zrgzrtza Beach Taxpayers Alliance 4109 RichardsonRoad Phone 363 7745 Henryyto 864 Old Virginza Beach Road Phone 428 2763 Bert Krause Vice C'hazr Virginia Beach Taxpavers 411tance 1436 Five Hill Trail Phone 8 .) 721 Rezd Greenmun Chair ofEconomic Develoigment Committee Virginia Beach Council of Civic Organizations 26.71 Sandpiper Road Phone 426 )5 Mayor Oberndorf advised the I9,h Street Corridor has been ehminaled{rota the Ordinance and quoted the Budgetary 411oo,catron of Proposed TaT Increase The additional funding world br- allocated asfollotvsfor FY 200 0 $406 400for additional radios forpublze safetj departments to reduce the sharzng of r dios among departments(EMS .18 radzo @ 89 600 Police 60 radios @ 5 192 000 Fire 3 9 radios c S 124 800 $418 600for public infrastructure costs associated with Economic Development projects that will be authorized based on City Council approval (new CIP project 9 038) I80 000for addxtrornal funding to the EDIP CJPpro) eel 9 14 1 375 000 to target business investment in the defense and securn indrstrres Beginning in FY 2003 04 the additional cigarette tar revenue is proposed to be allocated as follons (brit could be modified depending on final FY 200 04 budget needs) Public Safety Issues Tern I0) cents would remain in the General Fund to fund items such as the f llo wing tern addztionai f ire f i hrers grant arch requirements for t ernti five police officers through the Federal C'orr3munnty Policzng Grant public sajery infrasiructure and equipment and police over time pav for special everts Economic Development Infrastructure Pro)ects Five 5) cents to provide rrzrtnat unding f r properry acqutsztron project derzgn and infrastructure zmpr'ovements for C'zt Council auihorrzedprojects EDTP Three -)) cents coprovtde addrtzonal funding for incentives to help retain and attract business thai meet the requirement of the EDIP and coon ell goals December 1 ' 2002 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM ordinances to increase the cigarette tax rate from 16 mills per cigarette sold to 2 mills per cigarette sold, or from 32 cents per pack to 50 cents and to appropriate 1 080 000 to purchase radios for public safety, begin preliminary design work for improvements to the 1 th Street/Dome site corridor provide additional funds to the Economic Development investment Program, and fund are economic development summit MEETING DATE January 7,2003 ■ Background The cigarette tax rate is based on a mill rate in which ten mails equates to one cent Currently the City s cigarette tax is based on a rate of 16 mills per cigarette sold or 32 cents for every 20 pack Each penny of the cigarette tax generates approximately $240 000 and from a budgeting perspective the City currently allocates cigarette tax revenue as follows General Fund 20 cents Economic Development investment Program (EDIP) 7 cents Mayor Projects Fund 5 cents Although the city is only in the beginning stages of the budget process for ICY 3-0 increases in the cigarette tax are being considered to address several public safety and economic development initiatives identified by city council at their August 2002 retreat These include fire staffing police staffing and public safety facilities and equipment Public safety issues identified for Binding over the next five years include providing 10 firefighters per year to address staffing issues permanently funding federally grant -funded police officers as the grants expire providing additional radios for firefighters and police officers that reflect the most recant technology and providing funding for public safety infrastructure and equipment Additionally regarding economic development there has been discussion to provide additional funding to the ED1P to address council s goal of attracting high -paying jobs to the city and to examine re- development issues in the I91h street corridor There has been discussion at the state level regarding freezing the amount of cigarette tax that localities could levy This freeze could begin as early as January 1 2003 When the state places limitations on localities funding options they also limit the city s ability to meet service delivery needs and respond to city COUnC11 S StrategiCgoals ■ Considerations With this serving as a background we recommend an increase in the cigarette tax from 32 cents per pack to 50 {16 mails to 25 mills per cigarette sold} The additional funding would be allocated as follows for FY 2002-03 $o oo for additional adios for public safety departments to reduce the sharing of radios among departments (EMS 28 radios @ $89 600 Police 60 radios @ $192 000 Fire 39 radios @ $124 800) $418 600 for preliminary design work for the 19" Street/Dame Site Corridor Improvements -Phase I (new CIP project 9-038) $480 QOQ for additional funding to the EDIP (CIP project 9-141) $75 000 for hosting a business summit to target business investment in the defense and security industries Beginning in FY 2003-04 the additional cigarette tax revenue is proposed to be allocated as follows (but could be modified depending on final FY 2003-04 budget needs) Public safety Issues 10 cents would remain in the General Fund to fund items such as the following ten additional fire fighters grant match requirements for twenty-five police officers through the Federal Community Policing Grant public safety infrastructure and equipment public safety compression issues and police over -time pay for special events 1 `h Street Corridor 5 cents to provide initial funding for property acquisition infrastructure improvements and aesthetic improvements along the corridor Additional funding will be required to meet the desired outcomes of this corridor EDIP 3 cents to provide additional funding for incentives to help retain and attract business that meet the requirements of the EDIP and Council goals For a cor parson purposes the following are the rates per pack sold in neighboring localities Norfolk 30 cents Suffolk 30 cents Portsmouth 35 cents Hampton 40 cents Newport Jews 45 cents Chesapeake 50 cents The rate would become effective at the time of Council adoption however roue to previous purchases of tax stamps by cigarette distributors the City would not realize the fall effect of the tax increase for approximately sixty to ninety days ■ Public Information public hearing nonce was placed in the Beacon on Sunday December 1 2002 and a public hearing on this tax increase was held on December 10 2002 N Alternatives The alternative is to not approve the rate increase however there currently is no alternative funding strategy for these programs which would not involve curtailing current services or programs 0 Recommendations Approval of attached ordinance raising the cigarette tax from 16 mills per cigarette sold to 25 malls per cigarette sold or 32 cents per pack to 50 cents per pack ■ Attachments Ordinance to raise the cigarette tax Ordinance to appropriate funds for public safety radios and economic development Initiatives Recommended Action Approval Submitting partm nt/A n y Management Services City Manager �� �.{�gfy,L I AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO CIGARETTE TAX BY INCREASING THE AMOUNT OF THE TAX SECTION AMENDED § 3 -207 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITZ of VIFGINIA BEACH, VIRGINIA 7 That Section 3 -2-07 of the Code of the City of Virginia Beach are hereby amended and reordained to rear as follows 9 Sec 35-207 Levxed, Amount 10 There is hereby levied and unposed by the city, upon each sale 11 of oa-garettes, tax equivalent to twenty-five 12 mills per cigarette sold within the City, the amount of such 13 tax to be paid by the yeller, if not priouslypaid, in the manner 1.64 and t tte time prov�ded for in t�1s rt1cll e The t.ay shah be 15 reduced by two and one-half (2 grills per cigarette on June 30, 16 2027 There shall be a penalty for late payment of the tax imposed 17 herein in the amount of ten (10) per eentum per month, and interest is in the amount of ree-quarters of -ore �O 7 ) per o ntum per month, 19 upon any tax found to be overdue and un aad 0 COMMENT 21 Th a effect of this increase is that the arnou nt o f tax on a 20 cigarette pack of a0arettes itl rise 22 from 32 centsto 50 cents Adopted by the City ouno-il of the City of Virginia Bead, 24 ,T r � �a, on th-,s day of a�uary, 20,03. 25 Red j_re are .-affirmative e Grote by a majorsLy of the mernbers of c1tv Council CA-8683 Pro used - 07ord wpd -3 De em er , 2002 APPROVED AS TO CONTENT C DAB Management Services APPROVED S TO LEGAL SUFFICIENC r � 0 Law Department I AN ORDINANCE To ESTABLISH CAPITAL PROJECT - 2 038" " ECONOMI DEVELOPMENT'' II F'RA T1 TURE PROJECTS it AND To APPROPRIATE 1, 0 8 0, 0 0 0 I 4 ADDITIONAL CIGARETTE TAX REVENUE TO THE ECONOMIC DEVELOPMENT DEPARTMENT'S FY 2002-03 OPERATING BUDGET AND THE FY 2002-03 CAPITAL IMPROVEMENT PROGRAM To FUND THE PURCHASE o F PUBLIC SAFETY RADIOS AND FURTHER ECONOMIC ]DEVELOPMENT INITIATIVES 1 11 12 WHEREAS, the cigarette tax was increased in an 13 accompanying ordinance from 16 mills to 25 Trolls per cigarette sold 1 (raising the tax per pack from 32 cents to 50 cents), and is WHEREAS, additional publ-ic safety and economic 16 development initiatives have been identified for funding from the 17 revenue produced by this increase 18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL of THE 19 CITY of VIRGINIA BEACH, VIR INIA 20 1 That estimated revenue from the cigarette tax in the I 2002-03 operating Budget is hereby increased by $1, 00, o0 That Capital Prop ect # - 0 "Economic 23 Development Infrastructure Prop ects , ,r is hereby esta l 1. shed the 24 FY 0 0 - 8 Capital Improvement Program and 2 b) That $418,600 is hereby appropriated to Capital 26 Project #9-038 to fund economic development infrastructure 7 pro] ects 28 ( That $4,400 is hereby appropriated to the Capital 29 Prop ect ##33-44 "CIT Communication Systems Upgrade for the 30 purposes of purchasing radios for public safety 1 4 That $75,000 is hereby appropriated to the FY 2- 0 32 Operating Budget of the Department of Economac Development to r target business investment in the defense and security industries ( That $180, 000 is here yr ap roprrated �o C, pz tai Project - l 1, "Economac Development Investment Program, " for the purpose of economic de -re l opme rat i ni t i at i ,re Adopted by the Council of 'r iz inra on the � day of the City "f VirginiaBeach, 2 , LJ LJ CA-a6g9 ordin/noncode/cigaretteapprop ord wpd December 31, 2002 R4 APPROVED To CONTENT c. Management Services APPROVED AS TO LEGAL SUFFICIENCY 161 Cit Attorneys Office CITY OF VIRGINIA BEACH AGENDA ITEM ITEM An ordinance Approving a Cooperative Agreement Between City Council and the Virginia Beach School Board Pertaining to the Provision of Legal Services to the Board by the Office of the City Attorney in Hail Year 2003 MEETING DATE January , 2003 ■ Background The Virginia Beach Scheel Board employs 10 000 employee who educate 76 000students at 85 separate facilities through an operating budget of $487000000 During FY2002 the Office of the City Attorney provided legal services to the School Board and School Administration pursuant to a Cooperative Agreement between City Council and the Board The Agreement which expired on June 30 2002 provides that [t]hts Cooperative Agreement may be revised as necessary and renewed each fiscal year Pursuant to this provision the School Board at its meeting of December 3 2002 approved a revised Cooperative Agreement for the FY2003 ■ Considerations Under the Cooperative Agreement between City Council and the School Board the City Attorneys Office will continue to provide 4 125 hours of legal service to the School Division and will be reimbursed for the direct cost of those services One deputy (John Newhard) one associate attorney (Kama Lannetti) and one secretary (Christine Stemen) are located in the School Administration Building and the deputy coordinates the delivery of additional legal services as needed from the other attorneys an the City Attorney s Office as well as outside counsel Since the City Attorney was asked by the Board to manage the Board and Administration legal business in FY96 the cost of outside counsel to the Board has decreased from $348 000 to $12 206 in FY2002 The legal services are provided at a cost of approximately $75 per hour which is considerably below the $175-$295 per hour charged by outside counsel This arrangement enables the School Board and City Council to devote more resources to education of the City s youth While the legal services by the City Attorney to the Board have increased from 1 997 hours in FY96 to 3 971 hours in FY 2002 the overall cost of legal services (in-house and outside counsel) paid by the Board has declined from $451 000 to $333 000 during this same period For FY2003 the City Attorney has recommended the Board has approved and the Cooperative Agreement reflects a budget service level from 4 954 hours to 4 125 hours at a cost of $303 476 The attached ordinance approves the Cooperative Agreement for FY2003 and authorizes the Mayor to execute it on behalf of the City Council ■ Public Information The ordinance is to be advertised as a normal agenda item ■ Recommendations Approval 0 Attachments Ordinance Cooperative Agreement Recommended Action Approval Submitting Department/Agency City Attorney Iz- City Manager �� 4 5 6 7 14 17 1 1Q 20 21 22 2 2 25 2-7 20 2 AN OPDII ANCE APPROVING A COOPEPATIE z�GREEMENT BETWEEN CIF1 COUNCIL AND THE VIRGINIA BEACH SCHOOL B APD PERTPiINING TO THE PROVISION OF LEGAL SERVICES TO THE BOFD By THE OFFICE F TEE CITY ATTC E IN FIS PL YEZP 2 VA7F EPS, the o f f e of t' e P t Prode d le l r ices to t a V1 rcrinia Beach S c h 0 0 1 Bard and / -h�,- 1 Ad _Lnis tra . � n ir, F1 � 2 pL1 saar,t Lo a ` C % era t-i ,re A q ree7L e n t' that was approved by the Board on September 11, 2001, and by Clt un 1 1 Can Sepr Cam er 2, 2001 W HEFEAs' , �he Cocperatl e T�gi Bement" for F 2- epi red cn June 33011f 2002 , pro-\ ides that [ t ] hi s Coopert i v e g reemen t ma ] e revised, ne a rv, and renewed each fiscal gear ", WHEREAS, a revised "Cooperat-1e Agreement for Fj_ 2003 was approved by the School Board at its meetinq of December 3, 22 and HEPEA`), �ity Council agrees that it is in the best interests of the City and the School Board for the Office of tie City Attornev to continue to prop i e legal services to the School Board p r cant t the revised 'Cooperative Agreement for F 0 0 NOW, THEREFORE, E, EE IT OPDINED Bi fHE CO JNCIL OF THE �IT OF VIPGrINIA BEACH, \'IRGINIA 1 Twat City Counci-L n r r y approves the Cooperat-i to Agreement, a copy of which is attached hereto as E hlb-Lt A and T� at the Mayor is hereby, authorized tC) execute the Cooperative Agreement on behalf of the 'it Council 30 Rdopted by the Council of the City of Virginia Beach, 1 Virginia, on the day of , 2003 CP-8700 Dr TA AT i CRDII l�Cl�CODE LECALSvc ORD wpd - - December 18, Z002 APPROVED AS To LEGAL SUFFICIENCi Department of av, K COOP RATFVE AGREEMENT BETWEEN THE CIT'Y COUNCIL AND THE SCHOOL BOARD of THE CITY of vIRGINIA BEACH PERTAINING To LEGAL SERVICES To BE PROVIDED To THE SCHOOL BOARD AND SCHOOL ADMINISTRATION BY THE OFFICE of THE CITY ATTORNEY IN FISCAL YEAR 2003 Factual Background Chapter 9 of the Charter of the Cit of Virginias Beach, Virginia ("City Charter") provides that the City Attorney shall be the chief legal advisor of the CtvCouncil, the City mp Manager, and of all departments boards, commissions and agencies of the City in all matters affecting the interests of the City, and that he shall have such powers and duties as may be assigned by the Council 2 The City Charter also provides that the City Attorney is appointed by the City Council and serves at its pleasure The School Board is established by the Virginia Constitution, the City Charter, and provisions of general later, and 1s a body corporate vested with all of the powers and duties of local school hoards conferred by law, including the right to contract and be contracted with., to sue and be sued and to purchase take hold, lease, and convey school property Moth real and personal The School Board is authorized by Section 2.2 1-8.1. of the Code of Virginia (1950), as amended to employ counsel to advise it, and to pay for such advice out of funds appropriated to the School Board Both the CitN Council and the School Board have recognized that the reasons for sharing s en ices of the C1t r Attorneys 0ffice include potenti.al savings to taxpayers expertise of the City A tomey's Office in City and School Board matters, institutional memory, and the abilitN of the City Attorne 's Office to provide a wide range of legal ser riecs to the Board based Mp upon the expertise of the attor eys in numerous specialized areas of the lai,,. The Virginia Rules of Professional Conduct for the Legal Profession require the independent professional judgment of the Office of the City Attorney on behalf of its clients The City C ounc it and the School Board recognize that the potential for conflicting interests between the Council and the Board may arse and that, Yn such cases, the City Attorney must refrain from representation of interests which may conflict The City Council and the School Board also recognize that they must work together and with the City Attorney to identify any read or perceived potential for conflict at the earliest possible time, advise each other and the City Attorney of any such conflict as soon as it arises so as not to compromise the interests of the City Council or the School Board, and assist the City Attorney in avoiding any violation or appearance of violation of the Code o Professional Responsibility The City Council and the School Board further recognize that it remains in the hest interest ofthe taxpayers of the City for the School Board to continue to use the legal services of the Office of the City Attomey to the extent that no real or perceived conflict is present and to the extent the City Attorney is budgeted and staffed to handle assigned legal business of the Board ob etives The objective of this Cooperative Agreement is to define the scope and nature of the relationship between the City 1 ttorney's office and the School Board, to provide for the delivery of designated legal services to the School Board and to avoid anv real or perceived conflict In the delivery ofthose services Areernent NOW THEREFORE, the City Council and the School Board hereby agree as follows of 1 The Office of the City Attorney will provide the equivalent of two and one half (2 '/.) full-time attorney positions (or 4125 hours per year) and one (1) secretarial position during F,Y 2003, these services to be provided as follows The Office of the City Attomey will dedicate one fall -time attorney at minimum of the Deputy r level and one full-time attornexv at a minimum of the Associate Attorney level or as otherwise mutually agreed The dedicated attorneys will be located in the School Administration Building and will devote all of their time (t e 3300 hours per year) to the provision of legal services to the School Board and School Administration B During the term of this Agreement the dedicated attorneys shall be Deputy City Attorney John F Newhard Erhard Jr, and Associate City Attorne Karnala Hal lgren Lannetti, subject to reassig ment in the judgment of the Clt � ttorney, provided however that selection of the dedicated attorneys shall he mutually agreed upon Additionally, if a majority of the members of the Board express 3 T - dissatisfaction with the legal services provided by the dedicated attorneys, or by any other attorney providing services to the Board the City Attorney ill meet with the Board to discuss and evaluate its concerns Further ores if the Board and the City Attorney agree that the most reasonable way to address the Board's concerns is to assign another attorney or other attorneys to represent the Board, the City Attorney will use his best efforts to make such an assignment(s) as soon as possible In addition to the dedicated attorneys, the office of the City Attorney will also provide an additional 825 hours per year of legal services to the School Board and School Administration These services will be provided by the other tt mevs in the Office e based upon their various areas ofexpertise with school - related legal issues, and shall include representation in real estate matters, representation of the School Administration in personnel matters, general administrative and procedural issues, and general litigation and, with the exception ofmajor special education issues, will endeavor to handle as many other legal matters in-house as it is capable of handling subject to the provisions of this Agreement Throughout the term of this AgTeennnt, the office of the C1t� Attorney will maintain an open line of communication with the Board and the Division Superintendent, and will keep them apprised, on a regular basis of the status ofall legal matters being handled on behalf ofthe School Board and School Administration, provided however, that the office ofthe al City Attorney shall not conununxcate with the Division Superintendent concerning those matters being handled on a confidential basis for the School Board or for individual Board members in accordance with applicable Board policies and applicable provisions of the superintendent's contract Additionally, the Office of the City Attorney will provide the Superintendent and the SchooI Board a quarterly report of the legal services and attorney lours proN, ided pursuant to this Agreement and upon request of the Board the Board Chairman, or the superintendent, will identify the arnount of attorney hours expended in response to inquiries from individual Board members 11 The C.it r Council and the School Board recognize and understand that the School Board shall be responsible for the management of its legal matters, that, to the extent contemplated by this Agreement the City Attorney shall be designated as the chief legal advisor of the Board and the School Administration, and shall assist the Board and Administration in the management of the Board's legal matters, and that the City Attorney shall report to the Board concerning those matters he has been assigned by the Board to manage and/or handle on its behalf The City Council and the School Board recognize the potential for real or perceived conflicts in the provision oflegal services by the City Attorney and agree to b vigilant in advising the City Attornev of such issues as they arise Additionally, the City Council we and the School Board understand that in such cases, the City Attorney will refrain from participation on behalf ofthe School Board but, to the extent ethically permissible in accordance with the Rules and Procedures of the Virginia State Bar, will continue representation of the City Council The City Council and the School Board further recognize that the ability, the City Attorney's office to provide legal services to the School Board is limited by the attorney hours allocated pursuant to this Agreement, the other provisions of'this Aueement and ethical constraints as they may arise The parties agree that this Cooperative Agreement is not a contract to he enforced by either party but is rather an agreement setting forth the understanding of the parties regarding the parameters within which the Office of the City Attorney will provide legal services to the School Board and School Administration The City shall forward to the School Board II I` requests in the amount of o 3 , 4 7 6 3 9 from its F Y 200 3 operating Budget to the FY 2 oo 3 Operating Budget of the office of the City Attorney to fund the annual salaries, benefits, and certain administrative costs of one (1) Deputy Attorney, one (1) Associate Attorney, one-half (1 /2) Assistant Attorney, and one (1) Legal Secretary IT requests of ° f the total shall he made by the City and funds transferred y the School Board on r about July first, October first, January first, and ApnI first This Cooperative Agreement shall commence with the fiscal year of the parties which begins July 1 2002 and ends ,Tune 30, and may he revised, as necessary, and renewed each fiscal year thereafter, provided however, that each party shall give the other party notice of any intention to revise or not to renew the Agreement within one hundred twenty 1 days of no the date ofe pirati n o f th is Agreement, or any renewal hereof, in order that the other party will have the opportunity to make appropriate budget and staffing adjustments This Agreement shall be submitted to, and approved by, the City Council and the School Board prior to December 3 1, Z002 SCHOOL BOARD OF CITY OF VI GII IA BEACH By Daniel D Edwards Chairman CITY COUNCIL CITY OF VIRGfNIA BEACH ievera E Oberndorf, Mayor School Board of the City of Virginia Beach This Cooperative Agreement was approved by majority vote of the School Board ofthe City of Virginia Beach, Virginia on barn , 00 By 4bzw"v, t? db4a*tA)L School Board Clerk City Council of the City of Virginia Beach This Cooperative Agreement was approved by majority vote of the Crt Council of the City of Virginia Beach, Virginia on , 2002 a City Clerk FA a CITY OF I RG I IA BEACH AGENDA ITEM ITEM Creeds Training Facility MEETING DATE January 7, 2003 N Background The Police Department closed its firearms training facility at Creeds due to concerns surrounding resident safety Since the closing of the range police personnel have been required to travel to surrounding junsdt0ons to obtain mandated firearms tratni ngs This sttuatton has caused the police department t terminate all dynamic remedial and enhancement training To address the training needs of the Department and ensure the safety of the community it is necessary to reorient the current firing ranges and install baffling that address safety concerns r Considerations The funds requested will allow the police department to hire a consultant to develop plans gather public input and obtain permits required to proceed with the project Total amount of funding requested is o 00 ■ Public Information Public information will be Dandled through the normal Council agenda process a Alternatives There are no current funding streams available for this project Because of the critical nature of this situation to delay funding could result in potential liability for the City of Virginia Beach as well as a reduction in the safety of citizens and police officers A number of alternatives were presented to Council on December 10 2002 however all would require ongoing funding that is not currently available and would not result in the police department meeting its base training requirements or considerations of future needs ■ Recommendations Establish Capital Project #3 229 Creeds Training Facility -Design and approve $boo 000 for the design phase of the Creed s Training Facility The funding is available as follows o 000 appropriated from the DEA Seized Assets Fund and o 000 transferred from the Library Renovations and Replacements Capital Project # 3-447 The funding transferred from the Literary Renovations and Replacements project will be replaced after July 1 2003 The Windsor Woods Library renovation project is in the design phase for the current fiscal year therefore this temporary transfer of funding will not cause delays in the renovation ■ Attachments Ordinance Recommended Action Approve Ordinance Submitting Department/Agency Police Department City Manager rdlblcrdarf dog 4N OPDINANCE TO ESTABLISH CAPITAL PROJECT 2 `CREEDS TRAINING FAr ILITY-DESIGN, AND TO APPROPRIATE 0 , o O FROM THE DEA 4 SEIZED ASSET FUND AND TRANSFER 21oo FROM CAPITAL PROJECT # -4 4 7, 'LIBRARY 6 RENOVATIONS AND RE PL E ENT S,TO THIS PF 0J "T TO INI T' IATE DESI " WOORIK, 9 WHEREAS the City of Virg-inia Beach Police Department 1 10 unable to use the firing range at the current facility due t 11 safety concerns 12 NOW, THEREFORE, BE IT ORDAINED 3Y THE COUNCIL of THE CITY of 13 VIR I IA BEACH Virginia 14 1 That Capital Project 4-22, "Creeds Training Facilitr- 1 De iarn, " is established in the Capital Budget 16 2 That the following appropriation and transfer are hereby 17 made to Capital Pro3e t # - 2 2 91 " Creeds Trai n ing Fa :.la-t . - Design, " 18 to in-Lt -Late design work for the Creeds Training Facility 19 a $80,000 is appropriated from the DEA Shared Assets 20 Fund, and 21 b 000 is transferred from Capital Pro] ect # - 2 2 447, "Library Renovations and Replacements 11 2 3 3 That revenue 1n the Capital Budget is herebv increased 24 accordingly 25 Adopted by the Council of the City of Virgirla Beach, 26 Virginia, on the day of { 2003 CA8 08 onoodecreedsord doc R-1 - December 20 2002 Approved as to Content Approved as to Legal Sufficiency 'ueA S roub. T/- Manageru4n-t ervices Department aw x� o -CL i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM An Ordinance to Accept and Appropriate $5 830 Of Revenue From Cash In Lieu of Property Payments To Capital Improvement Project #4-950 Neighborhood Park Development (On -Going) for Open Space Improvements In The Vicinity Of Beachwalk Landing MEETING DATE January 7 2003 ■ Background Beachwalk Landing subdivision is 4 408 acres zoned - D and located in the Kempsville Planning Area Section 4 5 of the City s Subdivision Regulations ulations requires a 529 acre reservation or a 265 acre dedication for open space The Department of Parrs and Recreation has followed the approved City Council Policy for Cash Payment in Lieu of Park Dedication, which identifies a payment formula for dedications of generally less than one acre The cash payment is based on the assessed value of the land dines the dedication requirement ■ Considerations The developer of Beachwalk Landing Mill Dam Landing Associates L L G has agreed to a cash payment in lieu of park dedication in the amount of $5 $34 This payment is based on the dedication requirement of 265 acre and an assessed value of $22 000 per acre The cash payment is to be appropriated to Capital Project #4-950 Neighborhood Park Development (On -Going) and applied toward open space improvements in the vicinity of Beachwalk Landing ■ Pudic Information This subdivision was processed through the administrative procedures of the Planning Department Development services center, with review by the Department of Parrs and Recreation among others Information will be disseminated to the public through the normal Council Agenda process involving the advertisement of City Council Agenda and publ(c hearings ■ Alternatives Accept the 265 acre open space dedication This alternative was not desired by the developer nor staff during development review At least one acre is recommended for development of a neighborhood park ■ Recommendations Approval of ordinance to appropriate the funds received by the developer to Capital Project #4-950 Neighborhood Park Development (On -Going) with payment to be made by the developer upon City Council s approval ■ Attachments Ordinance Recommended Action Adopt Attached Ordinance Submitting Department/Agency Parks and Recreation City Manager I AN ORDINANCE To ACCEPT $5, 830 (IN LIES] of A PARK DEDICATION) AND 3 APPROPRIATE THIS AMOUNT To CAPITAL IMPROVEMENT PROJECT ECT #4-950, ""NEIGHBORHOOD PARW DEVE'TOPME IT (ON- 6 GOING) , " FOR OPEN SPACE IMPROVEMENTS IN THE VICINITY of THE BEACH AL LANDING SUBDIVISION 10 WHEREAS, the developer of Beachwal k Landing subdivision, Mill 11 Dam Landing Associates, L L C has agreed to a $5,830 cash tayrnent 1 in lieu of a park dedication 13 NOW, THEREFORE/ BE IT ORDAINED BY THE COUNCIL of THE CITY of 14 VIRGINIA BEACH Virginia 15 That $5,830 is hereby accepted from Mill Darn Landing 16 Associates, L L C and appropriated to Capital Improvement Project 17 # - 950 , "Neighborhood Park Development (on -Going) , " f or open space 18 improvements in the vicinity of the Beachwalk Landing subdivision, 19 wath revenue from local sources in the Capatal Budget increased 20 accordingly 1 Adopted by the Council of the City of Virginia Beach, Virginia 11 can the day of , 3 CA- 7 0 ordinnonode/Cash Beahwalk ord December 20, 2002 R Approved as to Content Management Services / Approved as to Legal Suf f Toren v (7� Department o� Law t x> CITY OF VIRGINIA BEACH AGENDA ITEM ITEM An Ordinance to Accept and Appropriate $94 254 of Revenue From Cash In Lieu of Property Payments To Capital Improvement Protect #4-950, Neighborhood dark Development (On -Going) for Open Space Improvements In The Vicinity Of The Estates On The Lynnhaven MEETING DATE ,January 7 2003 E Background Estates on the Lynnhaven subdivision is 43 acres zoned F-40 and located in the Great Neck Planning Area Section 4 5 of the City s subdivision Regulations ulations requires a 1 acre reservation or a 65 acre dedication for open space The Department of Parks and Recreation reation has followed the approved City Council Policy for Cash Payment in Lieu of Park Dedication, which identifies a payment formula for dedications of, generally Jess than one acre The cash payment is based on the assessed value of the land dines the dedication requirement ■ Considerations The developer of Estates on the Lynnhaven Carol Anne Properties Inc has agreed to a cash payment in lieu of park dedication in the amount of $94 250 This payment is based on the dedication requirement of 65 acre and an assessed value of $145 000 per acre The cash payment is to be appropriated to Capital Protect #4-954, Neighborhood Park Development (On -Going) and applied toward open space improvements in the vicinity of Estates on the Lynnhaven 0 Public Information This subdivision was processed through the administrative procedures of the Planning Department, Development Services Center with review by the Department of Parrs and Recreation reation among others Information will be disseminated to the public through the normal Council Agenda process involving the advertisement of City Council Agenda and public hearings ■ Alternatives Accept the 65 acre open space dedication This alternative was not desired by the developer nor staff during development review At least one acre is recommended for development of a neighborhood park N Recommendations Approval ■ Attachments Ordinance Recommended Action Approval Submitting Department/Agency Parks and Recreation L" � City Manager9? S ��� I AN ORDINANCE TO ACCEPT $94, 250 (IN 2 LIEU OF A PARK I CAT I O Al APPROPRIATE THIS AMOUNT TO CAPITAL IMPROVEMENT PROJECT # 4 - 9 5 0 , "NEIGHBORHOOD PARK DEVELOPMENT PMENT (ON- 6 GOIG) , " FOR OPEN SPACE IMPROVEMENTS +7 IN THE VICINITY OF THE ESTATES ON 8 THE LYNNHAVEN SU13DIVISION 10 WHEREAS, the developer of Estates on the Lynnh ven 11 SubdrviLsion, Carol Aran Properties, Inc , has agreed to a $94, 250 12 cash payment in lieu of a park dedication 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, Virginia 15 That $94,250 is hereby accepted from Carol Ann Properties, 16 Inc , and appropriated to Capital Improvement Pro3 ect #4-950, 1 "Neighborhood Park Development (On -Going)" for open space 18 improvements in the vica pity of the Estates on the Lynnhatven 19 subdivision, w3.th revenue from local sources in the Capital Budget 20 increased accordingly 21 Adopted by the Council of the City of VirginiaBeach, Virginia 2 on the day of . 200 CA- 7 07 r-din/noncode/Cash Lynnhaven ord December 20, 202 2 Approved as to Content i Ll Management Services Approved as to Legal Sufficiency J Department of -law I � a& -r ' r--att Iro L CITY OF VIRGINIA BEACH AGENDA ITEM ITEM Resolution Appointing Lee Ead D v ndorf to the Position of Assistant City Attorney MEETING DATE January 7 2003 ■ Background Section 2-1 0 of the City Code provides that [t]he city council may, from time to time, upon recommendation of the city attorney, appoint such deputy and assistant city attorneys as it may deem necessary to serve at the pleasure of the city attorney ■ Recommendations ion It is recommended that City Council adopt the attached resolution appointing Lee Earl Devendorl' to the position of Assistant City Attorney effective January 1 2003 Mr D v nd rf has served as an Assistant Commonwealth s Aftorn y and is being transferred to the City Attorney s Office to fill a vacant position Nor D v n }orf will b working in the Real Estate Section ■ Attachments Resolution Recommended Action Adoption Submitting Department/Agency City Manager QMit ag eyl;z City Attorney 2 DEVEN DF F TO THE PCSITION OF ASSISTANT CITi ATTORNEY 4 5 6 7 BE IT RESOLVED BZ THE COUNCIL OF THE CITE OF VIFGI I BE\GH, VIRGINIA 11a t P U �,1 r1 t - h r fi l re f 11 Virginia Beach, Virginia, Lee Earl Devendor f is hereby appointed t 12 the pos-ition of Assistant City Attorne , effective Januar 1, 2-003 13 Adopted by the Ccuncii of tie .ity of Virginia Beach, 14 Virginia on the 7th day of January,, 200 A- � 11 DATA T i o DIN N NCODE Dev ndorf Res December 30, 200 Pi APPROVED As TO LEGAL UFFI IEN Z J PLANNING 1 Application of MPSVILLE/CENTERVILLE ASSOCIATES, L L C for a Conditional Use r mi re mini -warehouses and self storage % lth an office budding and manager' residence on the south side of Kempsville Roach and Centenille Turnpike containing 1 acres (DISTRICT 1 - CENTS ELLS Deferred November 267 2002 Recommendation APPROVAL r4 c- err o r 21O Ca -' ME Sandra Thompson and it s a �r,r i- writter and �e.v thcughtt-1 letter EDDIE B L3 DO I �ou1d like to aet a cop: -t 114darn I1� or MAYOR OBERNDORF er Lhe � e e`in g 3 s c er icr CITY CLERIC �jr Jones dia .ou include Uumber 8 in our Ccnsen M t for VICE bMYOR J N Ifiem 1lumber � was for Consent yes CITY CLERIC Oka By a rote of E t o 0% ou ha e ap r o ,red the Co -sort zigerda as react b� �'-LC-e Jones t]. Member .', 2 S VICE MAYOR J NE k cl COUNCIL LADY SURE Do we knee ghat gate that &ould e' CITY CLERK-anucir% the ^'th COUNCIL LADY EURE Thank o u DAVID DAYS Madam Ma cr MAYOR OBERNDORF l e s DAVID HAYS I m here represent.ng Mx Fac=r and we centainl agree to the deferral ur-ti1 December the 10t.h We ha e the folks rrom the Ci is Leogue that are ir, fay. or of the rratter MAYOR OBERNDORF In favor of the deferral' DAVID HAYS No in lajor of the auto-stzrace MAYOR OBEMMOPLF D � a v NICE MAYOR JONES O�av The motion then �s t defer Item 4 until the first Meeting in .dnuary Mrs Mc lanan has agreed on Item 6 to defer it unt,-1 December the 1 th Item 2, Eucell Facen is deferred until December the 10th is that al. right "ith the second? COUNCIL LADY WILSON des it i CITY CLERK And Item 7 untiy the rJ' VICE MAYOR JNES des MAYOR OBERNDORF Hr Bourdon, one of the letters is from a no �rnber sr_, d, DDIE B URD N 1 � i--L1 vour %. j-hes but e h,:, en t gad any communication I sen- e letfi =i and also lest ou a message 7� is is the first I vave heard abou it �%anting tc be an indefin-te deferral MAYOR BER D 1 4ith ail cue re pe t sometimes the neighbors think about -t after the,, meet �. ith ou-all and find t ne loaph ies and then begir tc ccill their Blect d 7�lepresentat_ es 'Cc c m 1a, - about it COUNCIL LADY EURE I n e f i r k L" L 1� t 1� 1� i a'1 Sri -- _f L_'I i i r w o Li � he fine considering there are tv o Holidays �n there and we won t ueet t^c weeds in December CITY CLERK Tale aon t rirmally heir Planning Item. or the first Meeting in January ANDS FINE Madan Ma } - r MAYOR OBERND RF M. Fine certainl % NDREW FINE I renresent Numter E anaI understand 11rs McCllanan has a problern with it ana I i 11 be happy tc meet with -- COUNCIL LADY MCCZANAN suj,_ej_} A DR W FINE -- der aoout il- But I was .jonae-rina iz we cold qet it on for the 10th -- 1 -hat the one ,) ou re talkinc about COUNCIL LADY EURE No the Kemp ville/Center ille mini -storages VICE MAYOR JONES Is there any reason ��, j �e can t 'sear 3 fi the fyrst Meeting in January r L-I l -1 CITY ATTORNEY No sir 5 N- ember '21, ..1012' .Taot I -n -tot sLre of the letter you are speakj-ng of but I cull to e to get a -.cp of it Iladam Ma\ or MAYOR OBERNDORF � I e 7 ut got a` t o d a/ EDDIE BOURD N Eut thaxt is quite an 1..rcent matter 1`*1 re ar . tc the Ford Mot -or �om an, so ve do need to hear tha*- on the -'r VICE MAYOR JONES We 11 defer it until the 'Ord and if the Council doesn t wan} to ot= on it at t1-2; time then we 3ust won t Grote or it MAYOR DBERbMORF We still have that prey gati,�e EDDIE BOURDON Absolutely And the second -ae Ml Bure Item Number 4 ;,e are prepared to mo e for�%ard pith that and I regLested it for next Tuesday bec.Lu.se I vi11 e here an%wa} but I ;Ni11 be here on the 10th as well The riot-Lce of who the owners are I pr sided and i dory t k=% what other reasons there will be for are indefinite deferral COUNCIL LADY EURE The reason is to meet with the communitv Dc ou want to oefef iC until the first of Januar� the first. Heetina an Januar -� That s fine nth me EDDIE BOURDON AQain I m not aware of anyone else that desires to meet with is COUNCIL LADY EURE They are interested in meetanq with m r Bourdon EDDIE BOURDON I m sorry I ve communicated with ou and 1 �dsn t aware that there was a corrnunat} �- COUNCIL 1 DY EURE I wasn't either at the time I met �cu Trust me my DhonE has rand off the hooK I dory t know what is so critical that it ooular t gait Lnti1 - by tirst Meeting in January r N r-, �embe z e--2 L NICE MAYOR JONES Plannina Number 1 was for Consent MAYOR OBERNDORF Tha L. is what I thought and �aumber 2 w,,-s the deferral I nu t wanted tc be sure COUNCILMAN SCHMIDT Hadar tlav r MAYOR OBERNDORF y e s s l r COUNCILMAN SCHMIDT I ha je u-ide~- Number 7P a a.eferral until December 3 TILM I it correct there-' CITY MANAGER Number 7 has clread}y been published for the pro MAYOR OBERNDORF Wait a minute NICE MAYOR JONES Mr Bourdon h cic a q u s L i o n MAYOR OBERNDORF he m� � la�,e some cl-Lerts "-e s repre -anr EDDIE BOURDON I apologize Madam Mavor rcr the interruption but and I co repr sen�: American Park..ng �olu#ions on Number 7 and that is scheduled for the rd and I don t know why that would not still hold COUNCIL LADY ERE It s not in m District EDDIE BOURDON T'-ie only reason we asked for the week delay -- MAYOR OBERNDORF Weil we had gotten letters from the ". ghbors wh- were per con -- ri'1 d about letting that -tercel -o for parking the Ford "Trucks and she perrranent Pad that was aoinc7 to be put dog n in Cher EDDIE BOURDON It s temporary and not permanent and 1 met with some neighbors tcda As a matter of rnbe r b 2 u AGENDA REVI E MAYOR OBERNDORF Number 4 the "p l� c a t z o n �­, f �ernF_s% ill ' -_­nler Y l le Lssociates L L r IIrs Fure COUNCIL LADY EURE It s to be deferred &nd I would sa,. indefin-Ltel%, The Discicsure Statemenr �%as in error as Droll as I understand no+% the re cha-ic-rig part of the p 1an that vas appro� ed MAYOR OBERNDORF 0 � Ci V COUNCIL 1ADY SURE MAYOR OBERNDORF So that one kill be d terxed C)kav FOAL SESSION VICE MAYOR JONES Tinder Planning Consent on Item 4 for an indefinite deferral the r,pl_Lcatzn of the gimps%ill Center�.ille Associates L L C for a-onditional Use Permit for mini-warehoLses and self storage ;�.ith cin office builaing on Kem=,,lie load and Centerville "turnpike for ar indefinite deferral MAYOR OBERNDORF NICE MAYOR TONES Thank you Is there e second" COUNCIL LADY WILSON Second MAYOR OBERNDORF d-d ou see{ deferral-) I need to check with ou Mr Tones under Planninq Number I �%as that for Consent or V3.rg3.nxa Beach City Couneml Noveznber 26 2002 00 p M CITY COUNCIL Mevera E Oberndorf Ma} orAt-Large % ice Mayor r Louis F Jones Bav ide - istrjC­ L iaroaret L Eure Centerviile - District 1 ebc S McClanar Pose Hall- District 3 Richard 7� ma.,Jdo% eacl i D-strict Jim Reese Princess Anne - District 7 Peter W Schmidt At -Large P n A Villanueva At -Large Fcemar Wilson At -Large James L fiocd Lynnhaven - Distr.ct CITY MMA ER CITY ATTORNEY CITY CLERIC STENOGRAPHIC REPORTER James r< Spore Leslie L Lilley Ruth Hodges Smith HMC Da ne Franklin meads VERBATIM Planning Applicat3_on of Xempsville Center 3.l1e Associates, L L 1 41 Item -4 PLANNING ITEM # 5048.1 Atiornev R E Bourdon Pembroke One ' Floor Phone 4 971 represented the applicant and requestea the application be DEFERRED D to , anuart 7 -1 Upon motion by Tice Mavor Jones seconded bi Council Lacy Wilson City Council DEFERRED unal the Caj Council Session of January 7 2003 are Ordinance upon application of KEAIPS ULL EICENTER VILLE A SSOCIA TES L L. C for a Co Use Permit RDINA ACE b PON A PPLICA TrON OF KEMPS VILL EICENTER VILL SSOCIA TES L. L C FOR A COA DITIO T4L LIFE PERMIT FOR MINI 4REH0 1 fSESISELF S TORTORA CAE Ordinance upon Applz cation of 'empsvillelCeniervtlle Associates L L C for a Conditional Use Perma for mint warehouseslself storage on the south szde ofKemps ille Road 580feet more or less nest of Center-ville Turnpike ( PIN 14558133 71 14559004 i) Sand parcel contains 9 31 acres DISTRICT I - CENTER VILLE Toting 8 0 (By Consent) Council Members noting Ave Margaret L Eure Vice Mayor Lours R Jones Reba S McClanan Mayor Meyera E Oberndorf Peter W Schmidt Ron A Villanueva Rosemary Wilson and dames L, Wood Council Members Poting Alav None Council Members Absent RichardA Maddox and Jim Reeve Irovemoer 26 z O r / ♦ if NO # rovaftli 0 ■ .I-- �de � y , jol Gpn - See APPItcmmn ZONING HISTORY i Modification of Conditions —Granted 1-12-99 Change of Zoning (R-8 Residential District to B-2 Community Business District) —Withdrawn 12-19-88 2 Modification of Conditions —Granted 11-12-96 Change of Zoning (R-8 Residential District to B-2 Community Business District) —Granted 3-18-85 3 Conditional Use Permit (motor vehicle sales) —Granted 1-24-95 Conditional Use Permit (auto service) —Granted 9-14-87 4 Change of Zoning (R-5D Residential District to B-2 Community Business District) —Granted 7-1 1 -88 5 Change of Zoning (R-8 Residential District to B-2 Community Business District) —Withdrawn 2-23-87 Conditional Use Permit {auto center} —Withdrawn 2-23-87 Change of Zoning (R-8 Residential District to B-2 Community Business District) —Denied 6-10-85 6 Conditional Use Permit (borrow pit) —Granted 2-13-84 Conditional Use Permit (communications tower) —Granted 5-18-81 7 Change of Zoning (R-8 Residential District to B-2 Community Business District) —Granted 2-13-$4 8 Conditional Use Permit (fuel pumps) —Granted 4-20-81 lA � IL CITY OF VIRGINIA BEACH AGENDA ITEM ITEM Kern svill Centerville Associates, LLC — Conditional Use Permit MEETING DATE January ■ Background n Ordinance upon Application of Kernp ville/Centerville Associates, L L C for a Conditional Use Permit for mini-warehouses/self storage on the south side of Kerpsville Road, 580 feet more or less guest of Centerville Turnpike (GPIN 14558133719 1 Said parcel contains 9 31 acres DISTRICT ICT 1 - CEf TERVILLE This request was deferred by the City Council on November 2, 2002 ■ Considerations This request is to construct amine -warehouse facility on two (2) parcels totaling 9 61 acres The site plan depicts seven (7) one-story storage buildings and a 32 #oot high office building and manager's residence with a 30 foot by 40 foot footprint A six (6) foot wrought iron style fence will serve as the security fence for the facility The larger of these two parcels has been zoned -2 Community Business for many years The smaller of the two was rezoned to E-2 several years ago with the expectation that the combined parcels would be used for retail commercial uses, and conditions were added to that rezoning to protect any future residential development to the west The applicant however, rather than developing the property for retail use, desires to develop it for mini -warehouses While a quality retail center would be welcome at this location and the smaller parcel was rezoned in expectation of such a center, the use of the property as proposed is acceptable, but only subject to the conditions recommended below, which will help to assure that the development is higher in quality and will not be intrusive to the future residential to the southwest Staff recommended approval, subject to the attached conditions There was opposition to the request ■ Recommendations The Planning Commission passed a motion by a recorded vote of -3 with 1 abstention to approve this request with the following conditions KernpsviileCentervilie Associates, LLC Page 2 of When the property is developed, it shall be developed substantially as shown on the exhibit entitled,, "Layout and Landscape Plan for Mini Storage Building, Kempsville load, Virginia Beach, Virginia," prepared by Land Design and Development, Inc, dated September 2, 202 One specific exception is all structures on the property shall adhere to the required setbacks from the ultimate right-of-way of Centerville Turnpike as outlined in the Master Transportation Plan 2 The architectural design elements and exterior building materials shall reflect the staff report as described above and shal) be substantially tially in conformance with those deputed on the elevation entitled "AAAA Self Storage, Virginia Beach, Virginia," prepared by Andre Marquez Architects, dated September 2, 202 3 The interval property line shall be vacated prior to the issuance of a building permit for the construction of the proposed ,mini -warehouse facility The location of any and all dumpsters proposed shall be depicted on the final site plan and shall not be located in close proximity to any residentially zoned property Location to be reviewed at final site plan review and approved by the Planning Director or his designee Screening and landscaping shall be provided surrounding all durnpsters so that durnpsters are shielded from view from all adjacent properties Said screening and landscaping shall conform to the requirements found in the City of Virginia Beach Parking Lot and Foundation Landscaping guide 5 Any freestanding sign shall be monument style with a brick base that matches the brick depicted on building elevation referenced in Condition 2 Such sign shall not exceed a height of eight (8) feet and shall be externally lit from ground level The hours that the mini -warehouser may be open for customers access to the storage units shall be limited to the 6 00 a m to g oo p m 7 All exterior lighting shall be low intensity and residential in character and shall not be erected any higher than fourteen (14) feet According to Section 237 of the City Zoning Ordinance, all outdoor lighting shall be shielded to direct light and glare onto the mini -warehouse facility Said lighting and glare shall be deflected, shaded and focused away from all adjoining properties All fencing visible from either a public right-of-way or from the adjacent parcels to the southwest shall be wrought iron -style No barbed wire, razor wire or any other fencing devices shall be installed on the roof or walls of the building or on the fence on the property Kerripsville Centervifle Associates, LLc Page 3 of o storage of flammable mable or hazardous materials shall be stored in any unit 10 There shall be no electric or diesel power generator or generator fueled b any other source of energy located outside of any building 11 Drive aisles shall be at least 18 feet wide to accommodate emergency apparatus 12 Noon -site business shall be conducted from any storage unit 13 The units shall be used only for the storage of goods The units shall not be used for office purposes, band rehearsals, or any other purpose not consistent with the storage of goods No public assembly or continuous occupancy of the units shall be permitted ■ Attachments Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Actin Staff recommends approval Planning Commission recommends approval Submitting Department/Agency Planning Department City Manager l� KEMPSVILLE / CENTERVILLE ASSOCIATES / # 19 October 9, 22 General Information: APPLICATION B1 1-210-CUP-2002 NUMBER REQUEST ADDRESS Conditional Use Permit for mini -warehouse South side of Ke p ville load, 580 feet crest of Centerville Turnpike WW 10W 10V M e—- r' T NN x� [Z) *' pin - Ste Ap licanon GP1N 14558133710000 145590047700000 Planning Commission Agenda October 9, 2002� l EMPSVILLE CENTE IILLE ASSOCIATES # 1 Page 1 ELECTION DISTRICT I CT 1 — CE NTE Fill) LLE SITE SIZE 9 31 acres STAFF PLANNER Carolyn A K smith PURPOSE POSE To operate a self -storage facility with 900 units Major Issues: Degree to which the proposal is compatible with adjacent residential properties and other surrounding uses in terns of architecture, noise and overall operational procedures Land Use, Zoning, and Site Characteristics: Existing Land Use and Zoning There is a single family dwelling on one of the parcels with access via Centerville Turnpike The majority of the 9 3 acre site is wooded and currently zoned B-2 Community Business District Surrounding Land Use and Zonincl North 0 Single-family dwelling, restaurant, auto sales, fuel sales, veterinarian R- D Residential District, E - Community Business District South 0 single-family dwellings R- D Residential District East Centerville Turnpike, shopping center with mixed retail: single-family dwellings B-2 Community Business District, R-7 5 Residential District West Kempsville Road, single-family dwellings, church Planning Commission Agenda October KE PSVILLE I CE TEl VILLE ASSOCIATES 19 Page R-5D Residential District Zoning History This project actually contains two parcels The larger parcel of the two acres) was rezoned by City Council from R-8 Residential District to B-2 Community Business District on February 13, 1984 There were no conditions attached to that rezoning The smaller 2 74 acre site to the south was rezoned with conditions by City Council from R- D Residential Duplex District to B-2 Community Business District on ,July 11, 1988 The conditions attached to that approval that are applicable to this request included vacating the internal property line, limiting the number f curb cuts along the rights -of - way utilizing best management practices, and landscaping and screening requirements Similar requests for rezoning from residential to business were denied and withdrawn in 1985 and 1987 respectively on a parcel to the south Other activities in the area include use permits for auto related services as well as permits for a borrow pit and communications tower Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana Natural Resource and Physical Characteristics The site is located in the Southern Watersheds Management Area The site is heavily wooded with a mix of hardwood and pines, however, the size of the caliper of the majority of the trees indicates that the site was harvested for timber at some paint in the last 30 to 40 years Public Facilities and Services Water and Sewer Water There is a 12 inch water main in Kemp ville Road fronting the property There is a 20 inch water main in Centerville Turnpike fronting the east side of the site This site must connect to City water Semler There is a 30 inch force main and a dry 12 inch sanitary sewer main in Kernpsville Road fronting the property There is a 20 inch force main in Centerville Turnpike fronting the east side of the site This site must connect to City sewer ,141A B Planning Commission Agenda October 9. 22 KEMPSVILLE CENTERVIL.LE ASSOCIATES 1 Page 3 Transportation. Master Transportation Plan MTP capital Improvement Program CIP Kempsville Road in the vicinity of the proposal is considered a four lane divided urban arterial It is designated on the MTP as a 100 foot right-of-way divided with a bikeway There are no plans within the CIP to upgrade this roadway According t the I ITP, the desired ultimate right-of-way width for Centerville Turnpike is 143 feet The applicant's representative is aware of this and has provided a 24 foot area parallel to Centerville Turnpike to accommodate this reservation Traffic calculations Street Name Present Present Generated Traffic Volume Capacity Kemp ville Road o00 � 1DT Existing Land Use — 120 ADT , DT Proposed Land Use 3— 406 ADT Average Daily Trips as defined by current B 2 Community Business District zoning as defined by proposed use Public Safety Police The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CEPTED) concepts and strategies Fire and Gated situ shall provide for Fire Department access using the Fescue Knox or Supra system and have a fail-safe operation in the event of a power failure Comprehensive Plan The Comprehensive Plan identifies this area as planned for retail, service, office and ether compatible uses within commercial centers servfng surrounding neighborhoods and communities The Plan recognizes the importance of preserving and protecting ;`the character of existing stable neighborhoods against inappropriate land use intrusions while recognizing the legitimate public need for a limited amount of compatible support Planning Commission Agenda October , 2002 KEI IPSVILLE CEO TEF ILLE ASSOCIATES 19 Page activities " (page 1) While a large tract of land to the south is not yet developed, plan is under review in the Development Services Center for single-family dwellings s n that tract The Plan's policies require adherence to high standards of appearance and function for future development in the l ernpsville area as a means of buffering these future residential property owners and protecting property values Summary of Proposal Proposal • To construct amine -warehouse facility on two (2) parcels totaling 9 61 acres A Conditional Use Permit is required for mini -warehouse facilities on property zoned B-2 Community Business District There will he an on -site manager responsible for operation of the facility 2 hours a day, 7 days per week The hours of operation are 9 oo a rn to 5 oo p rn on Monday through Saturday and 10 00 a ran to 2 oo p rn on Sundays Site Desican The site plan depicts seven one-story storage buildings and a 32 foot high office building and manager's residence with a 30 foot by 40 foot footprint Seven parking spaces are shogun on the plan to serge the proposed office and residence The handicap space must be relocated as close to the entrance of the building as possible A wet storm water management facility is depicted along the southeast property line The property owner has reserved a 43,1 square foot out parcel along Kernpsville Road Development of this parcel will have to adhere to Sections 23 to 249 of the City Zoning Ordinance regarding retail development foot reservation, parallel to Centerville Turnpike, is required for the ultimate right -of -ay width of 143 feet Portions of the existing side yard will then become the front yard and all buildings must be setback at least 35 feet Planning Commission Agenda October 9, 2002 KE PSVILLE CE TE v1LLE ASSOCIATES 1 Page from the reservation This through lot will actually have two (2) fronts and no rear Vehicular and Pedestrian Access Ingress/egress to this site is via an existing entrance off of Kpille Road This entrance will be shared with the outparcel to the east No access to the site is proposed off of Centerville Turnpike • The interior drive aisles are a minimum of 30 feet in width • pedestrian access is adequate for this use Architectural De%Ln The elevation depicts a 32 foot high office and manager's residence with a green standing seam metal roof A large expanse of tinted glass is proposed along the northern half of the front faade and the western half of the east fagade The exterior of all buildings are proposed with a light brown brick veneer The storage buildings have matching roofs with the addition of faux windows with dark brown shutters The metal doors to the storage units will match the green color of the roof of the office/residence and of the storage buildings • A six (6) foot wrought iron style fence will serve as the security fence for the facility Large letter signage is depicted attached to the office/residence Landscage and O en SDace Desi n • The minimum required landscape buffer surrounding the facility is depicted an the concept plan Category IV (mix of evergreen shrubs and trees) with a fence/wall is proposed along all property lines adjacent to residentially zoned parcels and Category Vl (6 foot fence with evergreen shrubs) is proposed Planning Commission Agenda October 9, 2002 KEMPSVILLE 1 CENTERVILLE ASSOCIATES I # 19 Page 6 along all other required areas The location of the shrubs and the trees must be reversed so that the smaller sized plants will be located along the property line and the larger trees up against the buildings Foundation landscaping is depicted along the fa ade facing Kempsville Road • Streetscape landscaping is proposed along both CenterviIleTumpike and Kempsville Road Additional trees will be required along F empsville Road to meet the requirements of the zoning ordinance Evaluation of Request The request for a Conditional Use Permit for a mini -storage facility on these parcels i acceptable subject to the conditions listed below The larger of these two parcels has been zoned B-2 Community Business for many years The smaller of the two was rezoned to B-2 several years ago with the expectation that the combined parcels would be used for retail commercial uses, and conditions were added to that rezoning to protect any future residential development to the west The applicant, however, rather than developing the property for retail use, desires to develop it for mini -warehouses While a quality retail center would be welcome at this location and the smaller parcel was rezoned in expectation of such a center, the use of the property as proposed i acceptable, but only subject to the conditions recommended below, which will help t assure that the development is higher in quality and will not be intrusive to the future residential to the southwest flue to the imminent single-family development to the southwest and the presence of residential properties adjacent to the site, screening and design become extremely important It is recommended that the hours of operation be restricted (Condition and that the location of any dump ters be controlled (Condition 4) as the proposed facility will be located adjacent to residentially zoned properties 24 foot reservation, parallel to Centerville Turnpike, is required for the ultimate right- of-way width of 143 feet The appl(cant is aware of this requirement and it is specifically identified on the submitted plan Once the reservation is employed, portions of the existing side yard will become front }yard thereby changing the required setback from a o foot side yard setback to a 35 foot front yard setback Staff is recommending a condition that recognizes that these setback requirements will likely change and that the final site layout will honor all required changes in setbacks This through lot will actually have two 2 fronts and no rear Approval is recommended subject to the conditions below Planning Commission Agenda October 9, 2002 KEMPS ILLS CEI TER ILLE ASSOCIATES 19 Page ToY Conditions When the property is developed, it shall be developed substantially as shown on the exhibit entitled, "Layout and Landscape Plan n for Mini Storage Building! Kemp ville Load, Virginia Beach, it inia,l, prepared by Land Design and Development, Inc, dated September 25, 2002 One specific exception is all structures on the property shall adhere to the required setbacks from the ultimate right-of-way of Centerville Turnpike as outlined in the Master Transportation Plan 2 The architectural design elements and exterior building materials shall reflect the staff report as described above and shall be substantially in conformance with those depicted on the elevation entitled "AAAA Serf Storage, Virginia Beach, Virginia," prepared by Andre Marquez Architects, dated September 26, 2002 The internal property line shall be vacated prior to the issuance of a building permit for the construction of the proposed mini -warehouse facility 4 The location of any and all dumpsters proposed shall be depicted on the final site plan and shall not be located in close proximity to any residentially zoned property Location to be reviewed at final site plan review and approved by the Planning Director or his designee Screening and landscaping shall be provided surrounding all dumpsters so that dumpsters are shielded from view from all adjacent properties Said screening and landscaping shall conform to the requirements found in the City of Virginia Beach Parking Lot and Foundation Landscaping guide 5 Any freestanding sign shall be monument style with a brick base that matches the back depicted on building elevation referenced in Condition 2 Such sign shall not exceed a height of eight (8) feet and shall be externally lit from ground level The hours that the mini -warehouse may be open for customers access to the storage units shall be limited to the 6 00 a m to 9 00 p m All exterior lighting shall be lour intensity and residential in character and shall not be erected any higher than fourteen 1 feet According to Section 237 of the City Zoning Ordinance, all outdoor lighting shall be shielded to direct light and glare onto the mini -warehouse facility Said lighting and glare shall be deflected, shaded and focused agar from all adjoining properties Planning Commission Agenda October 9, 2002 KEMPSVILLE CENTER IDLE ASSOCIATES # 1 Pave All fencing visible from either a public right-of-way or from the adjacent parcels to the southwest shall be wrought iron -style No barbed wire, razor wire or any other fencing devices shall be installed on the roof or walls of the building or on the fence on the property No storage of flammable or hazardous materials shall be stored in any unit 10 There shall be no electric or diesel power generator or generator fueled by any other source of energy located outside of any building 11 Drive aisles shall be at least 18 feet guide to accommodate emergency apparatus 12 No ors -site business shall be conducted from any storage unit 13 The units shall be used only for the storage of goods The units skull not be used for office purposes, bard rehearsals, or any other purpose not consistent with the storage of goods No public assembly or continuous occupancy of the units shall be permitted NOTE Further conditions may be required during the administration of applicable City Ordinances The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes Conditional use permits must be activated within 12 months of City Council approval See Section 220(g) of the City Zoning Ordnance for further information Planning Commission Agenda October g, 2002 IEIMPs1MLLE CElTEIILLE ASSOCIATES I # 1 Page Page 1 NORTH ELEVATION -faces Kempsville Road faces the interior of the site faces the proposed outparcel EAST ELEVATION Planning Commission Agenda October 9. 22 KEMPSVILLE CE 1TERVILLE ASSOCIATES 1 Page 11 faces Kempsville Road and Centerville Road NORTH ELEVATION faces the interior of the site EAST ELEVATION Planning Commission Agenda October 9, 2002 KEMPSVILLE CEO TERVILLE ASSOCIATES 1 Page 12 AFPLICATIG PAGE 4 OF 4 CONDITIONAL USE PERMIT CITY OF VIRGINIA BEACH DISCLOSE STATEMENT Applicant s Name kempsville/Centerville Associates L L C a kir Ynis limited liabxlty company List All Cur nt Property Owners Kemp svilleLQnt gCville Asscclar-..�;rj�-i`�e 1��.Tginys T smz_tgd I i abi l f try PROPERI-1 OWNER DISCLOSURE If the property owner is a CORPORAT1O list all of icers a f i h c Corporation bciow (Anach list rfnecessary) Jesse A Marcin, Managing '!ember rot: i C Jacobsen "ember If the property owner is a PARTNER.S1IfP FIRM or other UN IN CORPORATED ORG ANI ZATJOi Iist a]I n-embers or partners 1n the organ =tion below (Afrach l,sr tf accessary) i f Cl Check here if the property owner is NOT a corporation partnership firm or other unincorporated org nization If thf Whcarrt If J3O1 III cor m 0W.17er Of Use property compide die Apphcara Duclojare section beta APPLICANT DisuosURE If the applicant m a CORPORATION list a I I officers of the Corporation beiow (Anach lur if necrssary) I If the applicant is a PARTNERSHIP FIRM or other UNINCORPORATED ORGANIZATION list all members or partnim in the organuation below (fil ch hsTif nrcessary) 13 Cht�k M ii tit, kppl,, int rs O f a Corp-cration partnc �h L r-irM or other un4ntofpoiat I orginizaiin i � CF-1ZTJF1C-%110% 1,cerlifi that the urformalr n contauredherem is trite and accurate. ' Kempsville/Centerville Assocxares F� r unatur-e 1-4�sc w Mardi ktam&;LuL% Member Print N-trnc IBM Planning Commission Agenda 0 i W .. 1 October 9, 2002 I EMPSVILL.E CE TERVIL LE ASSOCIATES 1 Page 14 Item #19 I emp v111e enterville Associates LL Conditional Use penult South side of Kernpville load 580 feet for or less West of Centerville Turnpike District 1 Centerville October 9 2002 REGULAR Robert Miller The next item is Itern # 19 I ernp ville/Centerville Associates L.L Donald Ripley okay on this matter I rn going to pass the chair to Dot wood to char this I have an interest in the company that actually tried to buy this piece of property not to long ago I don't thinly it appropriate for me to he involved in this application So 111 tuck out And, I also own property across the street, so that s probably two good reasons Dorothy wood Mr l ourdoO Eddie Bourdon Thank you substitute Chairperson Eddie Bourdon a Virginia Beach attorney representing Kemp v111e/Centerville Associates Mr C el ey Martin with me this afternoon as is his consultant Mr Roger Pope so I may call on them if need be for any technical questions to be answered if I happen to not know the answer The parcels of property that we re dealina with are a total of 5 318acres of -? commercially zoned property that is lust to the west of the intersection of Kempsville Road d ..n enter llle Turnpike on Kemp ville Road Look at the map that s up there on the pinpoint and you will see on the corner there is already an exiStincr commercial development on what you could characterize as out parcels aloncy both Centerville and Kempsville. on the subject site there s also an out parcel that is being shown that the proposal would retain To the west is property that is zoned R-5D Residential as there are homes along there But, I think ultimately it s pretty clear that some other use is doing to eventually be put on the rest of that property The particular application before you these property owners have had this property for over 14-15 years and have been seeking commercial use of the property for that period of time and the reality is in this corridor there is far more commercial property developed than there is demand for it I know this also because I happen to have the ability ofrepresenting the EVW Group It 11 he EV Williams who have a significant portion of B-2 property located across Kepville Road There Walgreens on the corner that we were able to sell and have developed but the remainder of the B-2 that goes up Centerville has been on the market for quite some time and the reality of it is there really in t a demand in this corridor for retail property Because Woods Corner acrosr, the street there s some other commercial up Kemp ville Road There's a significant amount of commercial and as you cro over into Chesapeake Greenbrier in that area there s a tremendous amount of commercial This area is saturated with commercial development I thinly it is a fair assessment that ghat I believe esId ntial fobot ' any potent al e I�r 100� `� land that o o a lot o the all,' happen require a hunk again entu face o}� that for III take that e o� � � ea � � � ion �� make the e e .. III that 39 as erjib1C e a Pleat t to Mmer`lbeii19 Ofe at song deveo nell# t WK. o� �e ��, �t �� � Fie � ion thj , t 1r nIt er a a b o that � � stn n111 ct11re I� f lVent loop tun tal e on t ? ,11 But that ous end area n a �� sit �. � that �. trn'et'd � solne � est � ����' lase � oss�h�l�ty l�Of e�s �� er ��r the rret ere � a nul e and IfBut , ��n � � �, not bt use roey ' r y0,j re t rty h hestrs for these the beo eee o r that ref have en t�� �eaue � tte� end ,� the �� onate, la �� �t were w e have revsc s'o�' u �n� be that fore the that a en t re f e ac Alt these e ore o e mat 11 t tr nnber e not Out the ion a n �, � � o I t � e l c t nice r one the Pry n apt e now plans t one that s}l tters can sc e axe t Is nicer v Pit a morning property It uP the n}� his � enee� � a' this Ce 10 the r City �' ,6 brick the one osThe entrap, torah � �s l� ter rend the there ergo s If ettae � ��t� he only n beta se the flows n th III be t n win � e en�r�e � be this ou the fain btea �e fans t th a media } the ' here �a w� er�te���� � Centerville,o v1e rat c w1ei the r have fry e� event l rt Tt doee ve s t th ' t ,ter the extents w awe, the r� �e and w red so to � �e���r self -tor Centerville ons re rtat,on l he,Itht s c cn�t� xnso � feet I� ro n one � he pastel e only � t a� here are . ll revised Ike u e ldings tha t 1� e ev lle rn we have bu'evet ilt Wj""r' e dent � w�� � err 1t�xatry b� we' �� bads there 'rhe�l , boo e� a s�1�e boa set most � os he front RCMP eV the n th eta ro e et,a of arc at ao�s bur u see the aft w e a� t ail the e tl 1 th top where their he e eveIO u l the r s e In the � tei+s h t � Event e���e `ur hurlr1sen srxe n tie coxn o ext that It w1ll r ror l st ()rat ee n suspect t reeg featly e wit" th there r ect Sc � rats that � a e that J b 00i e to ha e 1 to dcvel Mlle w�l� � rn �s �� � n}�t� e act`b center I anrth ,oj_ray � exed of the us o # ra w v a as the ht ire re toLgre I ion t aired h staff .a ti 1oo f t t, l all e it,o s that t tra -c genera vel e ntully� � the co e the u� � e t eve yes a t Jute sIt u we be ow exe�a�l rt when tt c nse use, d comma evIent at it a low ante he eveWe rcial 'Volume t 11 ' l was t T o � the t1 f 1c 1t1 � a�� th s e� ��ed �n nee o1nr 11 rate here as c �s very � un-�1�et -ja1 cia l I t This us e Cyo n rn,h, ommer s per dad r there V pant an-� 1n he astir bras t a out he a SM111 i the CM halve ax oe for this type nee of yes � e sxntler ate need roan thern produces r lots and is a defy ec hr xnl n thef at was hones a noes r►enex a afe� a letter t act on those -Those h rnet � t Mete was teal � Sete de orb 1 as oexcellently u know e�� � th ha ex� � have and � je . n e conk ern o n that a X�jj not between r one of th cap see ix se hone exan, that ,sses o 1e a Property t .Ljon tb t about Lane �h tb�s r � 1e s little o drown feet �r terms ent hey over � e , is in e elo rr are wed ow the e tre n' t even � 1 be sow the o [here �� them and the �t and as I ve said I believe that will more than likely be some form of residential as t commercial because there is no need in that area for commercial unfortunately There i City park that was mentioned this morning in the informal that's further west on Kempc,ville Road You can't see It on either map It s on the opposite side of I ernp v1lle Road down right before you get to the Chesapeake City line That property does not adjoin any park sites and the property is wooded at this time but any new development on that property is going to result in a shopping center It could be a h ppincr center which 1t would be It would involve cutting, the trees down That's going to happen with any development on the piece ofproperty So, with that the only condition of the seven that were recommended by staff in their recommendation for approval of this application that we had any concern with was condition number 6 which I think has been passed out a revised condition number six that's the hours ofoperation We have no prhlrn with the p m. in the evening, but we do need to have the ability for individuals who would be using the facility to access their units earlier in the day and a m is what we had requested Some of these units are used by people who are pharmaceutical reps and they keep their supplies there and then they will came pick them up when they're going to travel out oftown or travel to the doctors offices Early in the morning access for a number f users f these self -storage facilities 1 necessary But, we are willing to restrict the hours to 6 00 a m to 9 00 p rn And, again all of the hour conditions are acceptable as it is a facility that will have -hour seven day a week on site resident management Again from are experience standpoint I think all of you are aware that this is the best scenario 1n order for that to happen You have to have a relatively large facility and this certainly is a large facility To our knowledge them is a facility further south on Centerville Turnpike that we are fairly certain that we've been told is full we re not a are of any other facilities within a three -mule radius in Vircrinia Beach of this site I thinly there may be a facility or two over In the Chesapeake side of the Ci.ty line But I rn just trying to address some o f the comments that were inane this morning 111 be happy to answer any questions I think we have a very attractive high quality product One that has very little visibility whatsoever from either Iepvllle or Centerville rather than we ve got extensive landscaping where it adjoins residentially zoned property where it adjoins the B-2 we have the required landscaping where we put the faux windows and shutters on the building Dorothy wood Any questions for Mr Bourdon` John`? John Baum Is it standard size for these units or do they Crary`? Eddie Bourdon They vary Mr Baum And that s why the number of units scenario really i, and I ve said this in previous applications It can be more or less depending upon the demand and the size of the units John Baum what's the average`s Eddie Bourdon The average size of a unit' 1.0 x 20 or 200 hundred square feet Would be the average size Dorothy wood Thank you Any other questions' Joseph Strange I don t have any questions I would like to make Borne comments Dorothy wood Okay Joseph Strange Comment number one is that I will be opposing this living in that area up there one of the reasons is that this does not cro along with the Comprehensive Plan for that area out there This is zoned _2 If you tape a look at the size of this piece of property in relationship to the rest of the property around there between that and the homes you can see that this piece of property is almost as large as everything else that is behind between that and the development when the smaller piece of property was rezoned 1t was rezoned to go along with the large piece in hopes of making a quality commercial retail establishment there I think that if you put a storage unit this size right there in a B-2 zoning area and right across the street you do have a retail shopping center On the other side you have a big drug company they just put there They just put a drug store there There s a lot of retail there and this is not going to complement this retail I go along with the fact that retail hasn't done read well over the years there one of the reasons is because of L nnhaven Parkway has never been expanded all the way out to Kempsville there and that s kind of crushed things there a little hit But I think if you take and put a storage area this big in that area you're going to seal that fate of that little section right over there I don't know of any other precedence purposely where we have taken that much B -2 zoning in an area and just completely done away with 1t and put storage unit this size I think it's just going to seal the fate of that little area there This is not a regional area This is a neighborhood If you were in a retail area somewhere and you were goinur to do something of this nature you probably wouldn t have than much of an impact But this is not a regional situation This is a neighborhood situation Right there at woods Corner And again having lived in that area for 25 years I just feel like this is not going to protect these neighborhoods right there which were stable neighborhoods These were not unstable neighborhoods There s no real crime in these neighborhoods There s no problem in these neighborhoods I just don t see any reason why a retail establishment can't eventually make it here And maybe they ve ingested money and maybe it hasn t worked out good for them at this point Again I don't thinly e re in the business of bailing out people who make bad investments This is a bad investment in B-2 It s a bad investment To seal this little area this little neighborhood with something this large I thin it will be a detrimental to the City and to the Centerville Iistnct there Dorothy Wood Thanks Joe Do we have any opposition's Robert Miller Yes We have another speaker Mr Foyle's He doesn t say whether he s in opposition George Doyle Good afternoon I'm George Doyle I m the property owner that is 1=ediately south of this It abuts the longer R5-D that is what has been rezoned as of what is in your paperwork It says it was done July 11, 198 8 That adjoins my property I was never notified that was going to be rezoned nor in February of 19 4 for the larger piece that was done before I ve been there for over 24 years And I question the ingress/egress on Kernp ville Road There s no deceleration lane I thought there needed to be I see that they reserved a piece that is blank up in the lower quadrant nearest the car lot If they didn't do that there would be room for a deceleration lane I presume I heard that there s no storage facility within three miles Up Centerville just backing up to woods Corner what i It woods bairn across from the Baptist Church on Centerville there s a storage facility that has been built out on two phases that has either one or two phases rernaining There s another storage facility up in Aredal across from Krnp River that has numerous storage facilities It right there less than two rrn1 way maybe a rmle But, I can t agree with this or support this And I m against it Dorothy Woad Sir would you please use the pointer and show us your property You have to pick 1t up George Doyle light along there Dorothy woad Thank you Betsy Hinson That whole piece`s George Doyle That whole piece It was that little flag lot that was put in there for the phone company that I was told b Planning 1n 19 it would never be approved for expansion or bathroom And they ha%e a bathroom and they are expanded to the lirruts of the land and on my ingress/egress in my rear portion I have a stnp on the south side that makes the front and rear- property contiguous My wife engineered that with a realtor John Baum Gosh That s two ofthem George Doyle That s has been a sore point in my life since 1985 when I've had nothing but traffic in and out all hours from m the phone company, children hit by cars or trucks, cats run over and killed You try to explain that to a little five year old whose at's been run over It s hard I can t support anything like this here Dorothy wood Any questions? Ion` Dona-ld Horsley would you support the development if it was B- where you would see the backs of building or whatever next to your property`) Dorothy wood Any other questions" Betsy Atkinson That little strip right now i still zoned -D so that would be George Doyle No That's been changed Donald Horsley It s changed George Doyle It's not on your diagram That's also B- according to this was cone in 1988 and the larger piece was done in 1984 And I never received anything from the City like I did on this one And I don't know of any zoning south of that that was denied in 1985 or 1987 or unless it perhaps it was northwest Dorothy wood Thank you Mr Bourdon I'm sure you have another few words for u Eddie Bourdon I'll try to keep therm brief I appreciate when someone comments commercial development ofthe property under the B-2 zoning you 11 be looking at you know were going ahead and access to Centerville which this project has absolutely n access to Centerville and if you look we ire got a lame BMP pond and landscaping that involves a significant portion of the shared property Brie with this gentleman s property If you look up there, you can see a good portion ot it close to half, there's no building whatsoever It s just a nice BMP and landscaping The northern or western portion of the shared line there is where we got the wider buffers landscapes fifteen foot landscape buffer with heavy landscape screening following by again the outside i all brick small building with a metal roof as far as small as being height twelve feet in height Again if you look what this would lay out to again if there were a demand for a strip center and that s where the shopping center will be The parking would be laid out in front ofit And you 11 be looking at the back of a shopping center and the activities that go on behind the shopping center, in terms of delivering product and just again, as a, and I can t spear for the crentleman obviously but he did indicate he wouldn t support that either but that is what the property is zoned for And given the fact that at some point that piece of property to the west and north is going to develop in a residential manner And I don't beIleve i t's going to be developed in a c ommercial manner just because there i s just so much commercial out there This is a far more compatible neighborhood to that type of use which is what I think will eventually happen there And, you can t get around the traffic impacts of being far far less with this facility I did indicate and I do know there is another facility on Centerville Turnpike south ofhere I think I indicated that from our understanding is full Where may be one up further north ofIndian Diver Road on Kemp ville load I m not familiar with there being one if there is, and I stand corrected n that and the argument about having a neighborhood irnp= I m sorry I don t see that Given the fact that the property does not adjoin It s not even in close pro inuty t the neighborhood other than one separated by major thoroughfares or ones that are adjacent to existing commercial l ire done a lot of these over the years and 1 ve yet to find any residential property owners who would prefer to see a shopping center to their property adjacent versus to something like than facility There s a self -storage facility on Hayg od load that adjoins a neighborhood to the homes up there that are in the - price ranges when it's done properly, done well, they re attractive They re low intense They got all these conditions to restrict noise etc I thank they d represent a good use that has no negative impact n property values of surrounding properties And that is why I believe this would be fay- better for property values on the property adjacent to us than would be a shopping center that would die Again there may be some other use that might fit I don t know what it i Dorothy wood Eddie Betsy has a question for you Betsy Atkinson Hoer high is the wall that is going to go around � Eddie Bourdon The gall is 12. feet in height Betsy Atkinson Then how high 1s the lighting 1t says here 1 feet so the light is going to be above the wall " Eddie Bourdon No You have on the outside you have the rwsed seam hip roof that goes above that The roof line around that r u r looking at there i more than 1 feet 1n height The 1 . feet height is here The walls here then you got the roof n top of it S the lighting is below the roof and all directed downward Betsy Atkinson okay because I was just n� nd about this gentleman You know he's used to conung into a home and it's black everywhere he is And now he is going to have all this lighting around I just wanted to make sure the lighting is below the roo ine so that it is not reflecting back out to his yard Eddie Bourdon It s an excellent point Ms s Atk-in on We will definitely make sure that is taken care of in terms of the lighting If we need to adjust it In the back We reed t adjust the lighting back in this area to make sure there is no impact we certainly can do that That's not a problem Again with the lin-uts of hours, we're not in a position after 9 00 p where we have to have any ianifica.nt arnount of lighting other than lust what s necessary for security And the whole thing is secured with fencing all the way around So it is totally a secure site The only way in is the gate out here Betsy Atkinson So you can assure him that at nine after or whatever time it closes 9 00 p m that they 11 dim those lights more` Eddie Bourdon Yeah There s no problem with that whatsoever Again, because we got no members of the public that will be in here after 9 00 p m as far as getting stuff out of their lockers unlike the situation where you have 24-7 where you have securitV masons over and above your basic secunty we can certainly work with dimming the lights if that s an issue I m not aware of any of the self -storage facilities in the City inhere we really had any issues with lighting creating a problem on adjacent properties And those facilities it s pretty easy to do Unlike shopping centers where you do have the need to provide for the safety of the patrons who visit the shopping center lighting at much higher levels during the evening hours again because ofthe commercial development You re going to have hours well beyond 9 00 p m I think it will be a far less intrusive use on this Gentleman or anyone else who lives adjacent to it than would be a shopping center Betsy A.tkinon I agree Dorothy wood will` William Din Eddie Mr Doyle brought something to my attention that I hadn t notice before and maybe you clarify 1t for me On page 10 you have a site map and Stephen go to the site map here It says lease parcel there But the area that ive re considering doesn t look life that It doesn t include that little parcel there in the front Can you explain ghat that little rectangular or that section is where it says lease parcel is about` Eddie Bourdon I apologize will I m not following you William Din Right up here at the entrance on I emp ville load Eddie Bourdon Oh I m sorry I was looking down here adjacent to the property That is an out parcel that is part of this piece of property It is the only piece that is not included This piece right here here you re referring t William Din Yes Eddie Bourdon That is an out parcel that my client is retaining and hopes of being again to provide an opportunity to build sorne form of commercial office use on that piece of property on Kernpville Road William Din That s not part of this ztem9 Eddie Bourdon It s a part of the property Its part of the prop rt zoned B -2 But it's not part of the Conditional Use permit In other words, it's not a rezoning It s Just d Use Permit And we filed the Uw Permit on all the property you see in the red hacks we did not put the Use Permit on this piece and It remains as currently as B-2 And it s shown as an out parcel for potential future development if there is a demand for it given its location on the street Secondarily it maintains what you have here and that is you really don't have any real visibility of the bulk of the storage area from Kempsvrlle Road From here, you If wind up hawing as you have Mere some commercial development and again, you got it here So that was also part of the thinkincy The commercial again we don t have a user for It because at this point there isn't a demand for 1t but there is always a possibility for a small site that you may find someone who wants are office building or wants some type of a special commercial use But that's a lot easier to find a market for than a large shopping center William Din Maybe a question would we be able to see what would go on there lair Scott or anything'? How would that be developed`? Robert Scott well as 1t stands now you wouldn't whether It 1s subdivided out some day And somebody would put an out parcel on there whether it s a fast food place or a drleners or whatever I haven t given any thought to that issue until you just mentioned to be honest with you But maybe I'd have to think about how we quid attach a condition to this that got you the opportunity to look at it we would have to decide on what criteria to look what would constitute at good use') what would not constitute a good use? You know one of the big questions here and I guess this goes back a little bit to what Mr Strange was banging up f think we reel to address the question Is this or is this not a good site for retail, generally spekln`� w would have to hold to what s there William Din I kind of agree with what you re saying there but having a parcel that rmght be developed with something that we bave no control over is a little concerning I think the overall development of the site is a very large parcel that we re developing any v ys 1 also have a little concern with that But the front park faces Kempsville Road is an important aspect of that I don t know what bind of condition again I was caught a little surprised by this to Robert Scott Wei Stephen s got to leave but he lust remanded me before he left but as far as appearance goes we would at least have the Retail Design Guidelines to help out somewhat but that doesn't really get to "use If there are some uses that bother you more than others, you really don t have a tool that I can come up with this moment as to how to address that Dorothy wood Don9 Donald Horsley The fence does cro around9 It s hard to see on there But the fence sloes o around the barn` Eddie Bourdon The fence goes around the interior There is no fence on the exterior It s just pond and landscaping Donald Horsley So between Mr oyle's property and the pored there won't be any fence 9 Eddie Bourdon No It s just going to be n tw 1, all natural area with no improvements at all Theoretically, we can do that but I wouldn t think that would be what you would prefer we just got the wooded area and the pond all separated I mean there s no access to that other than the stormwater The rest of this is all segregated and this would remain to a natural area, which. I would think would be more attractive next to this current residential use than would be having a fence all the way around If I nucht digress to and I may be opening up a can of worms but, my client because we are perfectly willing to add a condition that any development of this out parcel in teens of the appearance that it would be reviewed by Planning Department or this body We area t at all concerned about the desire I mean we re in agreement with your desires as far as seeing what would go there when that occurs That s not something we would have any aversion to in terms of wordincl If you could come up with the wording of the condition that you have over site over the development of that out parcel that s doesn't present any problems for my client Betsy Atkinson one more quick question Is that pond going to be wet or dr`� Eddie Bourdon It will at least in part be wet I m not sure We continue to do all the borings in terms of what kind of infiltration you ve dot All wet Okay sorry It 11 be all wet It won't be some it 11 be all wet Dorothy wood okay Any other questions`' Mr Bourdon thank you Is there any discussion? Robert Miller No 111 repeat what I said this morning first and then that Joe and I talked some too I feel like obviously, his concern is one that is one and I should point out I think Mr Bourdon meant that the other mini storage was north of this on Centerville Turnpike not south lout that's okay I just waited to make sure that I wasn t lost Again, retail in this area just seems to have had trouble in the past and it does concern me that waiting for more retail to develop again it's not necessarily waiting but what use can be applied what rights do the owners have to be able to develop them- property in a reasonable way) It's a large project and I thought that when I first saw it and I do really think it's a large nuns storage project But I don t (yet into peoples lousiness plans and why they do things the way they do then And I just think if we are not a inor to end u with retail developed on that property would there be a better use for this I think Mr Doyle k-ind of answered In his opinion he is probably doesn't want the retail either I dory t know 1f there is a better use It would have to go back to residential perhaps And that s traffic and this intersection has got a lot of traffic pressure on it already So I think the mini storage and I'm sorry Joe You and I respectfully disagree on this one It's probably the best choice with the conditions that staff has put on them Dorothy wood Don` Donald Horsley I guess I kind ofagree with what Bob said It s an odd shaped piece of property to start with I guess you could look at it as a temporary use You still got the -2 zoning on the property so years down the road if there was a reed, I guess it could be redeveloped but right now it looks to nee like this is probably one of the best uses you could pint on that It really looks like a nice project I was just a little hit concerned about the safety issue with the BMP not beincy fenced but we don t fence them all anyays S I guess I intend to support the project Dorothy wood Anyone else` Eugene Crabtree I d like to make a motion that we approve the project as presented Robert hiller Second William Din I life to at least to have a condition developed I guess prior to presentation to Council that this lease parcel be previewed by staff or somebody prior to developing t meet some kind of guidelines I m not sure what bind f words what need t be said here Dorothy wood Can we add that to the motion Robert Miller Second agreement Z Eu ene Crabtree Yes Dorothy Wood Any other discussion'? We're ready to vote AYE 7 NAY 3 ABSENT ATI INSON AYE B UM AYE CRABT EE AYE DIN AYE H RSLEY AYE MILLER AYE RILEY SALLE' NAY STRANGE NAY VAKS AYE WOOD NAY Dorothy Wood By a vote of 7-3 with one abstention the motion passes ABS 1 ABS K APPOINTMENTS COMMUNITY SERVICES BOARD (nominated 12/17/02) Robert Gregory William 3 Bninke MINORITY BUSINESS COUNCIL RESORT ADVISORY COMMISSION (RAC) VOLUNTEER COUNCIL YOUTH SERVICES COORDINATING COUNCIL UNFINISHED BUSINESS m NEW BUSINESS i 3 ADJOURNMENT T