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Home My WebLink AboutAPRIL 25, 2006 MINUTES CITY OF VIRGINIA BEACH A COMMUNITY FOR A LIFETIME MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DlEZEL Kempsville - District 2 ROBERT M. DYER, Centerville - District I REBA S. McCLANAN, Rose Hall - District 3 RICHARD A. MADDOX, Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER W SCHMIDT, At-Large RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L WOOD, Lynnhaven -District 5 CITY COUNCIL CITY COUNCIL AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 427-4303 FAX (757) 426-5669 E-MAIL: Ctycncl@vbgov.com CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LE~LIE L. LILLEY CiTY CLERK - RUTH HODGES SMITH, MMC 25 April 2006 I. BUDGET WORKSHOP Conference Room 2:00 PM 1. 2006-2007 RESOURCE MANAGEMENT PLAN a. Virginia Beach City Public Schools b. Public Libraries II. CITY MANAGER'S BRIEFING Conference Room 3:30 PM 1. PUBLIC INFORMATION AND MARKETING ENHANCEMENT Gwen Cowart, Director, Communications and Information Technology Diane Roche, Assistant to the City Manager for Media and Communications III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA ITEMS V. INFORMAL SESSION Conference Room 4:30PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION Council Chamber 6:00PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Captain Monica Johnson Chaplain, First Landing Chapel, Fort Story C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS April 11, 2006 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARING 1. Tax Rate on Real Property for FY2006 I. PUBLIC COMMENT 1. Tax Rate on Personal Property, Machinery and Tools for Calendar Year 2006 2. FY2006-2007 RESOURCE MANAGEMENT PLAN (Operating Budget) 3. FY 2006-2010 Capital Budget (CIP) 1. CONSENT AGENDA K. RESOLUTION/ORDINANCES 1. Resolution re the location and major design features re Princess Anne Road/Kempsville Road intersection improvements and Witch duck Road Phase 1 transportation projects. 2. Ordinance to TRANSFER $1,400,000 within the Capital Improvement Budget (CIP) from Fire and Rescue Station - Thalia to Fire and Rescue Station - First Landing re increased construction costs. 3. Ordinance to AUTHORIZE the City Manager to execute all necessary documents to acquire 45.835 acres ofland at 3180 New Bridge Road and APPROPRIATE $1,925,070 from Open Space Acquisition L. PLANNING 1. Application ofRADHAKRISHNA RENUKUNT A and KA VITHI VURIMINDI for a Chanf!e ofZoninf! District Classification from AG-1 Agricultural to Conditional R-10 at Chestnut Oak Way (DISTRICT 7 - PRINCESS ANNE) DEFERRED STAFF RECOMMENDATION: PLANNING COMMISSION RECOMMENDATION: APRIL 11,2006 ALLOW INDEFINITE DEFERRAL APPROVAL 2. Applications of HERON RIDGE PROPERTIES II, L.L.C. at 2817 Seaboard Road (DISTRICT 7 - PRINCESS ANNE) a. Chanf!e ofZoninf! District Classification from AG-1 and AG-2 Agricultural to Conditional R-15 Residential to develop single-family homes b. Variance to ~4.4 (b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) DEFERRED: Application for R-20 ST AFF RECOMMENDATION: Rezoning Variance PLANNING COMMISSION RECOMMENDATION: FEBRUARY 14 & 28, 2006 APPROVAL ALLOW WITHDRAWAL APPROVAL 3. Application of EVERGREEN VIRGINIA, L.L.C., CHECKERED FLAG MOTOR CAR CO., INC. and STEPHEN M. SNYDER, CO-MANAGER re a storage lot for an adjoining motor vehicle sales and repair facility at 270 Clearfield Avenue (DISTRICT 2- KEMPSVILLE) a. Chanf!e ofZoninf! from R-7.5 Residential to Conditional B-2 Community Business b. Modification of Conditions (approved on March 8, 2005 and October 23,2001) re incorporating existing property into newly rezoned lot with accessory parking RECOMMENDATION: APPROVAL 4. Application of WILLIAM FOX for a Conditional Use Permit for a facility of an outdoor nature (paintball park) at 2968 Holland Road (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: APPROVAL 5. Application of29 OCEAN, L.L.C. for a Chanf!e ofZoninf! from RT-3 Resort Tourist, A-36 Apartment and A-12 Apartment to Conditional RT-3 Resort Tourist with a Laskin Road Gateway Overlay at Arctic Avenue and 29th Street (DISTRICT 6 - BEACH) RECOMMENDATION: APPROVAL M. APPOINTMENTS BEACHES and WATERWAYS COMMISSION HUMAN RIGHTS COMMISSION INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA MEAL TAX TASKFORCE MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE P ARKS AND RECREATION COMMISSION SOUTHEASTERN PUBLIC SERVICE AUTHORITY - SPSA SPORTS AUTHORITY OF HAMPTON ROADS N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT ******** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Hearing impaired, call: Virginia Relay Center at 1-800-828-1120 *********** Agenda 4/25/06 St www.vbgov.com MAY 2, 2006 CITY COUNCIL SESSIONS CANCELLED RE COUNCILMANIC ELECTION 2006 BUDGET SCHEDULE April 25 (Workshop) April 25 (Public Hearing) May 3 (Reconciliation Workshop) May 9 (City Council Action) Council Conference Room Council Chamber at 6:00 p.m. Council Conference Room at 3:00 p.m. Council Chamber - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 25 April 2006 Mayor Meyera E. Oberndorf called to order the 2006-2007 RESOURCE MANAGEMENT PLAN WORKSHOP re Virginia Beach City Schools in the City Council Conference Room, City Hall, on Tuesday, April 25, 2006, 2006 at 2:00 P.M. Council Members Present: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndmf, Peter W Schmidt, Rosemary Wilson and James L. Wood Council Members Absent: Robert M Dyer [Ill with Flu] Jim Reeve [Entered: 2:40 P.M.] Ron A. Villanueva [Entered: 2: 10 P.M] April 25, 2006 - 2 - BUDGET WORKSHOP 2006-2007 RESOURCE MANAGEMENT PLAN Virginia Beach City Public Schools 2:00 P.M. ITEM # 551285 The City Manager welcomed Chairman Daniel Edwards - Virginia Beach City Public Schools. Chairman Edwards was pleased to be joined by Virginia Beach School Board Members: Jane S. Brooks and Carolyn D. Weems. Chairman Edwards introduced the presenters of the Virginia Beach City Public Schools proposed Biennial 2006-2007 Operating Budget. Dr. Sheila Magula Superintendent Victoria Lucente Chief Financial Officer Anthony Arnold Construction Management Director John S. Kalocay Assistant Superintendent Administrative Support Services The School Board and School Administration have worked diligently over the past few months to prepare a 2006/07-2007/08 Biennial Operating Budget and Six-year Capital Improvement Program (CIP) that will sustain the admirable momentum this School District has enjoyed in recent years. Virginia Beach Public Schools has provided an extraordinary return on the current and previous investments. One hundred percent (100%) of the schools are fully accredited. The Virginia Beach City Public Schools was designated Adequate Yearly Progress District (AYPD) as defined by the "No Child Left Behind" Act. The National rating agency, Standard and Poors, has designated Virginia Beach Schools as an "out- performing School District ", which means for Districts Virginia Beach's size, with similar demographics, the City exceeds far above the average. Virginia Beach City Public Schools has received the Gold Medallion for Performance Excellence from the us. Senate Productivity and Quality Awards Program. While Virginia Beach City Public Schools has prided itself on being ahead of the curve, they are "behind the curve" without full day kindergarten. The proposed Budget allows for commencement of a full day kindergarten. National research underscores the effectiveness of this type of early childhood education, especially those who come from economically disadvantaged families. The Proposed 2006/07 Operating Budget will lower class sizes at Grades 4 and 5, initiate programs that will help close the achievement gap and provide greater academic choices for students. Relative Special Education services, the Operating Budget includes an additional six (6) Teachers and twenty-one (21) Teacher Assistants. The inclusion program is designed to help ensure that students with disabilities have access to and make progress in content instruction at the level and depth comparable to that of regular education students. It is anticipated that inclusive practices will help close the achievement gaps not only for students with disabilities but for other students as well. There are ten (10) academies in the School system that provides unique opportunities for students. Additional years at existing Academies are encompassed in the Budget. Additional high school security personnel and a transportation initiative re bus transportation safety is also included. April 25, 2006 - 3 - BUDGET WORKSHOP 2006-2007 RESOURCE MANAGEMENT PLAN Virginia Beach City Public Schools ITEM # 55128 (Continued) Employee compensation is the largest portion of the Operating Budget. This year's School Division is faced with a unique challenge in this area. A recent compensation study concluded salaries of Virginia Beach teachers are highly competitive. However with regard to teacher pay, this is not an issue to meet some market standard, but an issue of trying to achieve internal equity caused by the existence of two (2) separate scales for teachers. The existence of the two (2) scales has created a compression issue, which must be dealt with this year. The compensation study also revealed two important findings re our non- instructional employees. The salaries of these employees are far below marked based standards. School Bus Drivers are as much as eleven percent (11 %) below market. A significant portion of the non- instructional staff i.e. clerical, custodial, technical support are scheduled and working fewer than forty (40) hours per week, which Virginia Beach City Schools is seeking to improve. In order to achieve parity, the School Board intends to adopt a 40-hour work week standard for the aforementioned positions. Relative the Capital Improvement Program, the total $657-MILLION over a 6-year period is a well designed strategic plan for the physical Improvement of the School Division that supports the continued commitment toward modernizing the Elementary Schools and addresses the needs to do the same for the secondary schools. The constituents have voiced their concerns about the age of many of the high schools and the overcrowding in heavy populated areas. Five (5) of the eleven (11) high schools are nearly fifty (50) years old and in need of repair and modernization. The Capital Improvement Program includes partial funding for the replacement of one of the older high schools, as well as a comprehensive study to identifY specific needs and timelines to address those needs. Slighting the funding of any immediate projects, as some have suggested, will compound this funding profile on the out years likely requiring the total cancellation of some projects. When City Council lowered the real estate rate for FY 2004, the School Operating Budget absorbed the entire $23-MILLION, which permanently reduced the Revenue Sharing Formula from 53.13% to the current 51. 79%. If City Council decides to have the School System share in the cost of meeting BRAC requirements and a cut in the real estate tax even to 99fj:, the combined effect on the School's Operating Budget would be substantial, totaling approximately Sl1.8-MILLION The City Manager's Budget proposal argues the impact on Schools will be mitigated because offunds coming available through the Sandbridge Tax Increment Financing. Under the revenue sharing agreement, the School system should receive those funds anyway. Some Federal Grants are being severely curtailed or eliminated entirely this year. Schools will be losing $614,000 in Title I funding (additional services to the poorer schools) and $289,000 in Title VI (Special Educationfunds). Dr. Sheila Magula, Superintendent, Virginia Beach City Public Schools, expanded on the choices made in shaping the Virginia Beach City Public School's Operating Budget of $682-MILLION for the next Fiscal Budget. This Superintendent's Estimate of Needs was built on three (3) guiding principles: (1) a commitment to sustaining and improving student achievement, especially as it relates to closing critical achievement gaps; (2) competitively compensating all employees with a focus on targeting the national average for teacher salaries; and (3) careful attention to infrastructure and other support resources. Student achievement is the highest priority. Several major initiatives are dedicated to realizing this goal: Full day Kindergarten: $3.6-MILLION earmarkedfor the expansion to enable the equivalent of one (1) full day kindergarten class in the Elementary Schools. April 25, 2006 - 4- BUDGET WORKSHOP 2006-2007 RESOURCE MANAGEMENT PLAN Virginia Beach City Public Schools IrEM # 55128 (Continued) Class size reduction: Implemented over the years in Grades K- 3. $1-MILLION will fund an additional sixteen (16) teachers to reduce the class size in Grades 4 and 5. The cap would be moved to 25 to 1. Advancement Via Individual Determination (A VID) program: Focuses on middle and senior High School students who are not achieving to their potential. AVID commenced in two (2) of the schools in 1999, as part of a State Grant initiative. This funding has long since been depleted. $500,000 has been established in the Budget to expand AVID. Four (4) part time teachers will be moved to full time status. Five (5) full classes in each of those schools will benefit from this program. Additionally, this funding will allow four (4) more schools to be added (for a feeder pattern of middle to senior high schools). Special Education services: This proposal includes $768,567 for an additional six (6) inclusion teaches and twenty-one (21) teacher assistances. The school system is required to have special needs students participate in the General Education Curriculum and must do so in the least restrictive environment. Academy Programs: 2,880 students have chosen to attend Academies at ten (10) schools. Ac:ademies provide students with opportunities for real world learning anq academic challenge. Students are kept engaged in learning. Qualified students have the opportunity to earn guaranteed admission to Medical, Veterinary, Pharmacy or Nursing schools throughout Virginia. $189,000 has been added to the Budget to enable the continuation of these academies for the coming year. The second major theme deals with Adequate Resources and Quality Infrastructure The critical priorities include a Transportation Safety Initiative entailing $1.6-MILLION for the addition of thirty (30) full time bus drivers, purchase school buses and increase the pool of substitute drivers. Another major cost issue is meeting general costs issues, over which there is little control: general maintenance and repair, fuel, tuition, utilities, equipment replacement, state mandates, local scoring of state testing et cetera. This Budget earmarks $31.5-MILLION to cover these costs. The final theme of the Budget relates to Employee Compensation which comprises a significant portion of the Operating Budget. This budget includes $56-MILLION to cover the costs of a competitive benefits package and a new employee compensation plan. The most significant and successful economic development engine in the City is the Public Schools. No other investment the City has paid off as handsomely as the Virginia Beach School system. Two (2) of the schools have been named: Year 'Round Schools of Merit" by the National Association of Year 'Round advocators. The Virginia Beach City Public Schools has received the Gold Medallion of excellence from the Senate Productivity and Quality Award Program. The City has the first "green" school in the State and a 2005 No Child Left Behind National Blue Ribbon School (Hermitage Elementary). Only seven (7) schools in the State have this designation. The School Division earned the designation of meeting adequate yearly progress from the "No Child Left Behind" legislation. April 25, 2006 - 5 - BUDGET WORKSHOP 2006-2007 RESOURCE MANAGEMENT PLAN Virginia Beach City Public Schools ITEM # 55129 (Continued) The demographics of the City have changed and underscore no stranger to poverty. In the fourteen (14) Title I schools, the level of low income students ranges from a high of eighty (80%) percent at Betty F. Williams to low offorty-five (45%) percent at Plaza Elementary. John S. Kalocay, Assistant Superintendent, Administrative Support Services, advised the School Division has three hundred sixty-three (363) portables. There have not been any portables added for the last ten (10) years. Currently, approximately one hundred (100) portables are being utilized for construction or relocation projects. Brookwood Elementary construction is starting in the Fall and students will be housed in approximately thirty (30) portables the back of Plaza, while Brookwood is being rebuilt on the original site. Dr. Magula advised re full day kindergarten, the poverty rate in every school will be reviewed. Glenwood may need two (2) classes of full time kindergarten. Another school may not need a full class; however, just about every school will have one (1) full time kindergarten program for the students in the most need of support. The number of classrooms required will be provided. Victoria Lucente, Chief Financial Officer, advised the Virginia Beach City Public Schools' proposed Biennial 2006-2007 Operating Budget. is the first Biennial Budget prepared on the same cycle as the State Budget. Absent any significant changes to enrollment or State revenue projections, the State revenues depicted for Fiscal Year 2007-2008, can be relied upon. With each new Biennial budget the composite index and the Standards of Quality are re-benchmarked or recalculated. The SOQ costs were based on the 2003 Annual School report data and those figures are projected forward to the current Biennium. The result of recomputing the composite index and the Standards of Quality re-benchmark costs increase State Revenues $3I.6-MILLION for 2007 and $2.6-MILLION for 2008. The General Assembly has not yet acted and the information provided is based on the Governor's proposed Budget from December. The City funding is based upon the current tax rate of $1.239, an increase of $53.3- MILLION for Fiscal 2007 and an additional $37-MILLION for Fiscal 2008. The Standards of Quality (SOQ) are defined in the Code of Virginia and are the requirement for pubic education. As such, SOQ can be properly referred to as a mandate. SOQ defines class sizes for K through 12, school based administrative and clerical positions, health services, guidance, libraries, special education, gifted, technology, operations and maintenance and various other positions within the School system. SOQ defines the minimum standard required by law. The City's contribution for Fiscal Year 2007increased $53.3-MILLION,' however $22. I-MILLION of this is required by the Standards of Quality. In Fiscal 07- 08 the total City funding increases $37.I-MILLION The amount above SOQ is not mandated by the State,' however, achieving World Class status without this additional funding would be difficult. The SOQ funding covers a wide range of expenses, some of which are related to the SOQ positions themselves and some from the programs and services requested by the community, but not mandated by the State. The SOQ amount covers the following costs for the SOQ positions: employees portion of the retirement and the VRS life insurance premium, the difference between the State Health Insurance Contribution and the Virginia Beach Public Schools Health Contribution, the difference between the benchmark salaries from SOQ and Virginia Beach salaries for these same positions, any compensation increases for the SOQ positions when the State does not provide any compensation increase, non SOQ programs and services including all the positions and all the costs for the positions that are above SOQ, any increases in compensation, any adjustments for class size caps, the security positions that are in the Schools, all the academies, any SOL remediation work, the Princess Anne Center for Pregnant Teens, the Administrative and Clerical positions for open campus CEL, Virginia Beach Central Academy, the Adult Learning staff, professional development activities, and programs, such as the Lead Program and SECEP, which provide teachers assistants the opportunity to become teachers for the schools system, the Instructional Technology Replacement and the Athletic funding. April 25, 2006 - 6 - BUDGET WORKSHOP 2006-2007 RESOURCE MANAGEMENT PLAN Virginia Beach City Public Schools ITEM # 55128 (Continued) The funding presented in the City's Operating Budget raises the following concerns: Revenue Sharing Formula, changes made to the allocation of the Revenue Sharing Funds, the TIF fund balance, the proposed Real Estate Rate reduction and its effect on the FY 2007-08 Operating Budget. The $3.8- MILLION reduction from BRAC is not the result of a revenue stream within the Revenue Sharing formula. It is an expenditure and no discussion occurred re including expenditures in the Revenue Sharing Formula Policy. Revenue Sharing Formula Policy No discussion with Virginia School Board after January 2006 approval of Joint City/School Revenue Sharing review. City Budget Ordinance Biennial Budget BRAC is not a Tax Increment Financing (TIF) The TIF is a Real Estate Tax Revenue The Real Estate tax is part of the seven (7) share venue streams BRA C is an expenditure City Capital Improvement Project 9-060 Oceana and Interfacility Traffic Area Conformity and Acquisition. Purchase of Property will reduce Real Estate tax revenue in future Change to Virginia Beach City Public School Board FY 2006..2007 and FY 2007-2008 Biennial Operating Budget Board P AYGO City Budget P A YGO TIF Fund Balance $17.6-MILLION $12.9-MILLION $ 4.7-MILLION (Change made without comments from School Board) (Presumes School Board decision) The Capital Improvement Program projections are based on 6-year funding with no assurance that Tax Increment Financingfund balance will be available after FY 2006/07. April 25, 2006 - 7 - BUDGET WORKSHOP 2006-2007 RESOURCE MANAGEMENT PLAN Virginia Beach City Public Schools ITEM # 55128 (Continued) Real Estate Rate Reduction The Virginia Beach Public School Board FY 2007/08 Operating Budget increased $39. 7-MILLION $18. 8-MILLION utilized for Health Insurance increase, SECEP, Utilities, cost of new Elementary School in Bayside $20. 9-MILLION remaining Fuel increases are unknown Compensation FY 2007/08 Operating Budget increase $31.5-MILLIONwith Tax Increment Financing (City Budget) $(12.8)-MILLION BRAC and rate reduction $ 4.6-MILLION TIF Fund Balance FY 2007/08 increase $26.9-MILLION (without TIF fund balance) PERSONNEL, FRINGE AND NON-PERSONNEL EXPENDITURES Schools Personnel and Fringe Non-Personnel ** Cit Mana er Ad'ustment City Personnel and Fringe Non-Personnel ** Contingency, commitments FY 05/06 $1.0239 $ 705.7 559.1 146.6 FY 06/07 $.99 $ 779.2 (+$ 73.5) 621.1 (79.7%) 165.2 (21.2%) -7.1 ( - .9% $ 721.4 (+$ 32.9) 398.1 (55.2%) 314.4 (43.6%) 8.9 ( 1.2%) $ 688.5 378.3 304.3 5.9 FY 07/08 $.99 $ 816.5 (+ $ 37.3) 656.1 (80.4%) 168.6 (20.6%) -8.2 (-1.0%) 781.0 (+ $ 59.6) 401.6 (51.4%) 323.0 (41.4%) 56.4 (7.2%) **Non-personnel includes other purchased services, internal services charges, capital outlay, transfers Tony Arnold, Director of Facilities - Planning and Construction, highlighted the Virginia Beach City Public School Board FY 2007/07 - FY 2010/2012 Capital Improvement Program. All cost estimates/projections have been updated based on the continued unprecedented increases in construction costs experienced in 2005. The six-year funding targets are based on the continued support of Pay-As- You-Go funding ($17.6-MILLION) in Operating Budget contributions as was provided in FY 2003/04 and 2004/05 and do not account for any changes in Pay-As-You-Go support.. April 25, 2006 - 8 - BUDGET WORKSHOP 2006-2007 RESOURCE MANAGEMENT PLAN Virginia Beach City Public Schools ITEM # 551295 (Continued) School Modernization Prof!ram $ 318 -MILLION School Replacements: Brookwood Elementary $ 16.6-MILLION Windsor Woods Elementary $ 16.8-MILLION Windsor Oaks Elementary $ 18.4-MILLION Newtown Road Elementary $ 18.8-MILLION Virginia Beach Middle $ 54.7-MILLION Great Neck Middle $ 57.5-MILLION Alternative Education Center Phase II $ 65.2-MILLION Elementary School 2007-08 (Bayside)(Williams $ 18.9-MILLION Farm) School Bus Garage Facility $ 17.0-MILLION Renovations/Replacements $ 55.5-MILLION Hif!h School Replacement $ 15.0 (partial) Joint City/School Administration Buildinf! Study $ 100,000 Comprehensive Long Range Facilities Planning (Commencing this Fall, encompassing Study (CIP 1-098) (probablv most imoortant) approximatelv fifteen (15) months.) CAPITAL IMPROVEMENT PROGRAM HIGHLIGHTS Mr. Arnold displayed a map encompassing Elementary School Modernization/Replacement Program 1998-2006 and New School Construction 1990-2006. Five (5) of the City's High School and five (5) Middle Schools are approachingfifty (50) years old. The school population for the past eight (8) years has reflected some decline. This decline was exclusively in the elementary schools in the early years. Over the last two (2) years, the decline has moved into the Middle Schools. In two (2) more years this decline will move into High Schools. Victoria Lucente, Chief Financial Officer, advised relative excess revenue received above Budget, in Fischal Year 2004-05, an additional $4.6-MILLION in revenue was received above appropriations and $5.8-MILLION in expenditure savings for a total of $10.4-MILLION. $6.7-MILLION from excess revenue received from the City Operating Budget for a total returned to the School system of $17.2- MILLION. Chairman Edwards advised this means there was $5-MILLION in the Schools Operating Budget that was not expended (representing less than 1%). Chairman Edwards advised information shall be provided relative how Kellam ranks concerning per square foot, per child in High School population. John S. Kalocay, Assistant Superintendent, Administrative Support Services, advised relative the access issues concerning Kellam's back parking lot. Additional parking on the right hand side of Kellam has been instituted. The back street and the back parking lot have been monitored for possible additional parking. The lighting scheme makes sure the cars enter and exit in a timely fashion. Another Police officer has been assigned to assist at the end of the day. A meeting with the Public Works staff was held relative an internal connection "crush and run" and using the VEPCO right-ofway. The Public Works staff has not responded. City Council RECESSED: 3:40 P.M. to 3:50 P.M. April 25, 2006 - 9 - BUDGET WORKSHOP 2006-2007 RESOURCE MANAGEMENT PLAN PUBLIC LIBRARIES 3:50 P.M. ITEM # 55129 Mayor Oberndorf introduced Marcy Sims, Director - Virginia Beach Public Libraries, and congratulated her on the Windsor Woods Library remodeling and the new library in Bayside. Mayor Oberndorfhas not given up on the concept of IMAGINON which she experienced in Charlotte, North Carolina, a collaborative venture of The Public Library of Charlotte and Mechlenburg County and the Children's Theatre. A portion of this concept might be encompassed within the new library. Council Lady McClanan advised the City of Norfolk had spoken with the State concerning the possibility of combining their Library with the Community College. Council Lady McClanan inquired re possible impact to Virginia Beach's program. Mrs. Sims advised these had been just preliminary discussions. The Virginia Beach Campus Tidewater Community College Learning Resources Center, for a number of years, has been in the "pipeline" for replacement. Our City's project is much further along. Noifolk's Tidewater Community College Learning Resources Center is not in need of replacement. However, the Norfolk Public Library is in dire need. Councilman Villanueva inquired concerning the Bookmobile and its impact on the communities. Unfortunately, a contract has just been signed for the new Bookmobile. Construction will entail approximately two hundred fifty days (250). In the meantime, the City's existing Bookmobile is visiting some of the Target neighborhoods (Lake Edward, Green Run). The new Bookmobile will have computer access available, visit the "at risk" neighborhoods and focus on services to children. A status report will be provided. Mrs. Sims expressed appreciative to the Mayor and City Council for their support of library services. April 25, 2006 - 10- CITY COUNCIL BRIEFING TAX ASSESSMENT TASK FORCE 3:58 P.M. ITEM # 55130 Catheryn Whietsell, Director - Management Services, at the request of Council Ladies McClanan and Wilson, provided an update re the Tax Assessment Task Force meeting on April 24, 2006. On April 11, 2006, City Council REFERRED to the TAX ASSESSMENT TASK FORCE for recommendation to City Council by May 1, 2006: Resolution directing the City Manager to INCREASE the net worth limitations re Tax Exemption Program for the Elderly to the maximum permitted by the Code of Virginia The Code of Virginia authorizes the City to adopt a program allowing all taxpayers the option of deferring the portion of real estate taxes that exceed 105% of the real estate taxes on the property owned by the taxpayer in the previous tax year. These two (2) issues were discussed. The Task Force examined changing the net worth for the Elderly from the current $200,000 to the new State "cap" of $350,000. The Task Force will recommend to City Council the increase of $350,000 in the FY 2006-07 Operating Budget. This recommendation will entail a cost to the City of $514,000 and will be discussed during the Reconciliation Workshop. During FY 2007-08, the City's cost will escalate to $670,000. The income limit re Tax Exemption Program for the Elderly was also discussed. A $46,100 income limit has been proposed for the FY 2006-07 Operating Budget. As the full State "cap" of $52,000 would entail a cost of $1.5-MILLION in FY 2006-07, the Task Force decided to wait until FY 2007-08. The Tax Freeze Program will be at the State "cap ". Much of the discussion re the Deferral Program concerned mortgages and the ability to participate in this program. Most mortgage companies do not allow a tax lien. As there was no way to place restrictions or guidelines on this Program, the Task Force was not comfortable recommending this concept; however, did recommend continued pursuit of legislation through the General Assembly to allow local option tax relief programs. Council Lady McClanan advised the Minutes of the Task Force will be distributed prior to the Reconciliation Workshop. Mrs. Whitesell advised no locality in the State of Virginia is currently conducting the Deferral Program. Mrs. Whitesell advised there are approximately 12,000 "mortgage clear" homes. The City. Staff had recommended to the Task Force that the Deferral Program consist of just residential owner-occupied property. Jerald Banagan, Real Estate Assessor, referenced policies in other States: "caps" on individual assessments, total revenue, "homestead" exemptions (both dollar and percentage amounts) and varying tax rates for different classes of property. To raise revenue, many states with "caps" initiate fees i.e. trash pickup. Fees cannot be claimed on an individual's income tax return. Last year, the City of Norfolk reviewed a proposed graduated tax rate. April 25, 2006 - 11 - 2006-2007 RESOURCE MANAGEMENT PLAN 4:09 P.M. ITEM # 55131 Catheryn Whitesell, Director - Management Services, advised the Reconciliation Workshop is scheduled May 3, 2006, City Council Conference Room, at 3:00 P.M. Mrs. Whitesell requested the City Council submit any proposed items to the City Manager or her. Mayor Oberndorf advised Thomas Cognill, who spoke during the April 20, 2006, Public Hearing, represented the Tidewater Bicycle Association, the Tom Coghill Celebration of Life Bicycle Ride, the Bicycle and Trails Advisory Committee and all the bicycle shop owners in the Tidewater area. Mr. Coghill had requested Phases 2 and 3 (CIP 4-064, 4-065 City Bikeways and Trails Improvements) be included within the Budget. He submitted a package with his comments, which Mayor Oberndorf distributed to the City Manager. Mayor Oberndorf is aware the entire project cannot be built at the present time. Councilman Reeve advised there are several projects which could possibly be delayed. Parks and Recreation Department provided a report card which reflected the number one item is "Bikeways and Trails ". Mrs. Whitesell advised the list of under funded mandates would be provided. Mayor Oberndorfreferenced the Chamber of Commerce correspondence re the Patriotic Festival, which was not included in the FY 2006-07 Operating Budget Council Lady Wilson advised approximately $400,000 has been raised from the private sector and they are not requesting considerable fundimg as they did last year. April 25, 2006 - 12 - C IT Y MANA G E R 'S B R IE FIN G PUBLIC INFORMATION AND MARKETING ENHANCEMENT 4:14 P.M. ITEM # 55132 Gwen Cowart, Director - Department of Communications and Information Technology advised communication capabilities: 311 VBTV VBgov. cmn Live Online Assistance Publications Emergency Alerting 311 Background . A federally-designated number designed to reduce 911 congestion . More recently has evolved to also be an easy-to-remember City phone number to request information and City services. Mrs. Cowart advised In 1997, the Federal Communications Commission (FCC) approved the 311 number for nationwide use. The FCC stated that the use of 311 could improve the effectiveness of 911 emergency services by alleviating congestion on 911 circuits. The original and still most prevalent use of the number is to establish a non-emergency services hotline that can be used by citizens on a 24/7 basis to request City services information. Since its inception, 311 has also, in many cities across the country, become synonymous with a customer service center that enables citizens to utilize a single, easy-to-remember telephone number to request information and services, provide feedback, lodge complaints and concerns and otherwise conduct business with a city without the needfor a trip to the Municipal Center. April 25, 2006 - 13 - CITY MANA GER 'S BRIEFING PUBLIC INFORMATION AND MARKETING ENHANCEMENT ITEM # 55132 (Continued) In recent years, cities across the country have begun adopting 311 as a standard in citizen service. Cities of all sizes have begun adopting the use of 311, including Baltimore, Los Angeles, New York, Chicago, Las Vegas, Detroit, San Antonio, Houston, Dallas, Chattanooga, Columbia (SC), etc. The City of Virginia Beach has been aggressively working toward alleviating congestion in our 9-1-1 Center and now desires to establish a 311 service to further reduce the number of non-emergency calls received at our 911 Center. The ComIT Public Information Office operates a contact center focused on providing customer service for citizens, businesses and members. Eighteen (18) months ago, the City's Public Information Office (PIO) began "24/7" operations Additionally, the City's Emergency Communications Center (ECC) transitioned several non-emergency tasks to Public Information Office. Non-Emergency call types included: General/Courts Information · Deceased Animal Pick- Ups Public Utilities After Hours · Media Incident Inquiries Towing By implementing 311, ComIT will be able to provide citizens with an easy to remember number to request virtually any City service. As a 24/7 operation, the Public Information office (PIO) is the ideal agency to handle 311 calls. · Additionally, PIO also is responsible for Online Assistance, VBgov.com, VBAM, VBalert and several citywide publications and can, therefore, streamline public inquiry processes through technology and procedure. . Emergency Communication Center Non-Emergency Call Volume 10000 40000 30000 20000 o Jul-OS Aug-OS Sep-OS Oct-OS Nov-OS Dee-OS Jan-06 Feb-06 Mar-06 April 25, 2006 - 14 - CITY MANA GER 'S BRIEFING PUBLIC INFORMATION AND MARKETING ENHANCEMENT ITEM # 55132 (Continued) As a result of these changes: Non-emergency call volumes in 911 have begun to drop - allowing 911 Communications Officers to focus on true emergencies and public safety dispatch. Citizens, businesses and members have begun to recognize the Public Information Office as the best resource for non- emergency City services and information Implementing 311 will further reduce the high volume of non-emergencies calls to which they must respond Key Points . Citizens can dial 3-1-1 24/7 to obtain any City information and reach most City services. (Interna/I~ dial 4111 or 3111) . Cell phone users or users outside the City limits can continue to use (757) 385-3111 . Citizens should not call 9-1-1 unless they have an emergency . Direct City phone numbers wi/I still work . There is no charge to citizens for this se/Vice Original VBTV Programming Beach Video Magazine · Video Services operates three government and education access channels, VBTV 46, 47, 48 on Cox Cable, which can be viewed in the Virginia Beach service area only. · VBTV programming targets information, events and issues concerning the City of Virginia Beach municipal government, and the Virginia Beach City Public School system. · Currently, over 130,000 cable subscribers (households) have access to VBTV programmmg. · Many of the original programs produced for VBTV, including live Council sessions, are available online through eStream at: www.VBgov.com/estream January: 432 Users 315 Hours viewed 43 Minutes per unique user Max concurrent streams 37 Total Requests: 5,691 February: 529 Users 377 Hours viewed 42 Minutes per unique user Max concurrent streams 28 Total Requests 6,463 Currently operating at 25% of streaming access capacity. Operating at 300% of storage capacity (Limelight has agreed not to bill for this overage) April 25, 2006 - 15 - C IT Y MANA G E R 'S B R IE FIN G PUBLIC INFORMATION AND MARKETING ENHANCEMENT ITEM # 55132(Continued) Newscan's addition has been a big draw to users. There have been four hundred thirty-one (431) requests for Newscan debuting January 26, 2006 and two hundred seventy-one (271) requests for Newscan debuting February 24, 2006. VBTV recently implemented a new programming schedule for Channel 48. There are six blocks in the new schedule: For Educators, For Kids, Personal Development, Local Original Programming, News, and a Special block. Programs in each block will be consistent with the block theme. VBgov.com · VBgov.com was launched in 2000 to serve as a portal to conduct business with the City of Virginia Beach An evolution from static, bureaucratic structure to a dynamic selfservice portal focused on the provision of eGovernment Content is created, approved, posted, edited and deleted through the Vignette Content Management System · The award-winning site currently receives approximately 200,000 visitors per month and includes over 50 online applications and services · In the next few months, ComIT will be releasing a redesigned version of VBgov.com which will include the Google search appliance and a greater emphasis on direct customer service versus information delivery Online Assistance . Similar to online "chat, " Online Assistance allows Web users to communicate in real-time with a Public Information Specialist Virginia Beach was the first locality in the country to implement online assistance technology. The service is available from any page on VBgov.com The new service provides customers with instant feedback on their inquiries and the forum provides the opportunity to ask follow-up questions for clarification, or continue the session with multiple unrelated questions without the need for a phone transfer or multiple trips to the Municipal Center. Through the service, the Public Information Specialists have the ability to take control of the user's Web browser and direct it to an online resource that assists in resolving the inquiry Online Assistance does not require users to have any additional special equipment, software, or skills; if a user can access VBgov.com, they will be able to use the feature As evidenced by the feedback above and the extremely high satisfaction rating from users (98%), online assistance has proven to be a significant addition to our two-way communication channels Beginning in the Fall of 2004, Online Assistance became available 24 hours a day, seven days a week The online service has proven to be extremely popular, garnering a 98% satisfaction rating with users Use of the service continues to increase and currently serves over 500 users per month on average 4000 Unique Interactions via Live Assistance between July 2005 and Feb 2006; average about 500 per month . . . . . April 25, 2006 - 16 - C IT Y MANA G E R 'S B R IE FIN G PUBLIC INFORMATION AND MARKETING ENHANCEMENT ITEM # 55132 (Continued) ComIT develops and distributes several publications for use by citizens: · The Citizen Services Guide - printed every two (2) years & distributed through multiple City agencies (Libraries, Parks & Rec., Treasurer's Offices, Police Depts., Welcome Desk in City Hall, PW, PU), mailed to all new residents through Greetings to You (at no charge to City), civic leagues, local real estate agents, and upon request · The Online Citizen Services Guide Overview - printed once or twice a year, as needed. Distributed same as above · The Newcomer's Guide - Printed once or twice a year, as needed. Distributed same as above The Municipal Center Map - Printed Four (4) times a year. Distributed at information booths throughout the City, Courts and same as listed above · Coordinates the weekly "In Touch With Virginia Beach" listing appearing in the Beacon - includes VB TV schedule, new VBgov.comfeatures and other City service enhancements. The City Photographer provides event coverage, portraiture and also maintains the City digital photo archives. Emergency Alerting Capabilities VBalert VBgov.com Customized Hurricane Reports VBAM VB TV Private Switch Address Location Information (PS/ALI) Emergency Communications Center & Emergency Operations Center . One of the most important roles of a municipal government is to ensure the safety and security of the community. Recent events demonstrate the importance of emergency preparedness and the need for accurate, timely and easily accessible information. The City of Virginia Beach is committed to providing its citizens with multiple communication channels and tools to help minimize loss of life and property during emergencies . In addition to our Emergency Communications Center, Virginia Beach has multiple proactive emergency communications systems and technologies designed to protect the safety and well being of its citizens, businesses and employees . Goals of the Systems: · Reduce the impacts of disasters through advanced notification Distribute critical, timely, and effective emergency and public safety information . Provide instructions and guidance to assist recipients in responding to an emergency or public safety situation Manage public safety resources Increase response accuracy and improve public safety response time April 25, 2006 - 17 - CITY MANA GER '5 BRIEFING PUBLIC INFORMATION AND MARKETING ENHANCEMENT l ITEM # 55132 (Continued) Gwen displayed a brief video re launching of the program entitled VBalert: VBalert is a software/telephone system, similar to reverse 911, for use in disseminating public safety and emergency-related warnings, alerts and notifications to the public, city employees, volunteers and related groups via a pre-recorded telephone message. · Tied to our 911 database to ensure accurate and updated data Multiple ways to launch a message: · Address Radius and Polygon Events - Unanticipated events defined by creating a polygon or radius on a map based on a specified address Pre planned Events - Predefined geographic areas that are at a greater than normal risk of being involved in an emergency Custom-Call List Events - A list of telephone numbers of people who need to be contacted during a certain type of event, or who need to be informed of critical information Primarily, custom-call lists are used internally to communicate information to specific groups, teams or agencies during an emergency situation · Partial List of Uses: Amber Alerts Beach Closings Rabid Animals · Major Transportation Accident · HazMat Incidents SWAT Situations · WMDs Hostage Situation Communicable Diseases VBgov.com · Comprehensive, award-winning emergency preparedness information 365 days a year During City declared emergencies, the entire site converts to an emergency information portal, providing vital safety information The City's Web Team is a part of the Emergency Operations Center and is able to update the site in real time The site is updated with crucial and timely emergency information including shelter status, evacuation routes, known road closures, power outages, sanitary sewer system outages and alerts and warnings from the City's Public Safety Agencies April 25, 2006 - 18 - C IT Y MANA G E R 'S B R IE FIN G PUBLIC INFORMATION AND MARKETING ENHANCEMENT ITEM # 55132 (Continued) Customized Hurricane Reports · Using the Custom Hurricane Report, citizens can download and print a report specific to any property parcel in the City of Virginia Beach The custom report provides information on evacuation procedures and routes, storm surge, flood zones and probability (by hurricane category) of property flooding or isolation due to flooding, and the closest emergency shelter(s) to the property The report also provides a hurricane preparation check list, a listing of all area television and radio stations, local area information and resources, recommendations for protecting property, recommended action to take during a hurricane watch and a hurricane warning, and potential property damage and flooding estimates that can be expected by the different categories of hurricanes Report is designed to be printed and stored with an emergency preparedness kit Background During the five day period of Hurricane Isabel, the Public Information Office received more than 11,000 calls, the majority of which were from citizens wanting to know if their property was in a flood or storm surge zone. The flood and storm surge zone information was not available online at that time, and the Public Information Specialists were forced to physically look up the citizen's address on a map to determine if the property was in an affected zone. The manual process of looking up addresses, coupled with the fact that citizens could not access the information themselves because it was not available online caused a huge backlog of calls in the queue. Solution The City's Web team, with input from the Public Information Specialists and Emergency Management, worked with the CGIS team to develop an online application that worked in conjunction with the City's eMapping system (the eMapping system was originally developed in order to provide real estate property and tax information). Result Since the information is now available online (24/7), citizens can access the information themselves, decreasing the number of phone calls to the Public Information Office. The report also helps the Public Information Specialists assist callers more efficiently since the online access saves time, reduces call backlog and minimizes the probability of mistakes (human error due to the tedious process of manually lookingfor addresses on a physical map). VBAM 1680 VBAM Radio is a low-powered AM radio service that provides emergency warnings and City information via AM 1680 Non-emergency public information messages and NOAA weather radio are provided as a secondary use to inform the public, City and School employees, volunteers and visitors · Non-emergency uses include: · Parking and Routingfor Special Events · School Facility Closures · Traffic Advisories · Highway Construction and Maintenance Water and Sewer System Advisories · NOAA Weather Forecasts April 25, 2006 - 19 - C IT Y MANA G E R 'S B R IE FIN G PUBLIC INFORMATION AND MARKETING ENHANCEMENT ITEM # 55132 (Continued) Gwen advised this program, VBAM 1680, with limited funding was implemented by a "one time only" grant from the Department of Homeland Security. This will predominately be utilized by individuals in cars, who will hopefully transverse the area. Additional transmitters might be added over time. Concern was expressed re the lack of coverage on the Great Neck Corridor, all of Shore Drive and the north end of the Beach. Sandbridge was not covered and City Council inquired re piggybacking off a cell phone tower. Gwen advised it is not a matter of justijj;ing locations for the towers, it is the purchasing of the equipment (essentially broadcast stations posted outside the antenna). Hopefully all areas of the community will be covered over time. The primary purpose of the AM radio system is to disseminate accurate and timely public safety emergency messages, warnings, alerts and notifications to the public via broadcast AM radio frequency 1680. The cost per system shall be provided. The City of Virginia Beach has a large municipal complex of 30 individual buildings. The City uses a large private phone switch for all municipal telephone lines, and the central switch room for these lines is located in Building 18 of the Municipal Center. Prior to the implementation of the PSALI system, all calls to 911 originating from a City-owned phone line would show up on the 911 location information screen as Building 18, regardless of the actual location of the caller. As a result, dispatching emergency response teams to the correct location was dependent on the caller being able to communicate his/her physical address to the 911 communications officer. With Private Switch Address Location (PSALI), any call originating from a City-owned telephone line now displays the caller's physical location on the 911 location information screen, right down to the room number. This is a major improvement in that it enables 911 to dispatch emergency response teams to the correct location, considerably reducing critical response times, even if the caller becomes unconscious or is unable to tell the 911 communications officer where he/she is located. PSALI is a tremendous step forward in ensuring the security and welfare of our employees in the workplace. With the implementation of the PSALI system, employees receive the same high level of protection they would if they were to place a call to 911 from their home. . In 2006, the City completed construction on a new state of the art Emergency Communications Center and Emergency Operations Center. The new facility includes: Expanded 911 operations floor to accommodate future growth Upgraded 911 training facility State-of-the-art 911 communication equipment · Secure parking for 911 employees Enhanced EOC with adequate space for managing weather and Homeland Security emergencies The new ECC/EOC building dedication ceremony was held Wednesday, April 19, 2006 at 3:00 p.m. The schedule "Live" date, at which time the building will be fully functional and all systems cut over date is Tuesday, May 2, 2006. . April 25, 2006 - 20- AGE N DA REV IE W S E S ION 4:58 P.M. ITEM # 55133 Clay Bernick, IlL Planning, distributed a Resolution to be ADDED to the Agenda: Resolution AUTHORIZING agreement between Army Corps of Engineers, the Commonwealth of Virginia, the Cities of Chesapeake, Norfolk, Portsmouth and Virginia Beach for the Elizabeth River Environmental Study. In 1998, the City entered into an agreement with the Army Corps of Engineers, Commonwealth of Virginia and the Cities of Chesapeake, Norfolk and Portsmouth to conduct a feasibility study to determine the need for environmental remediation and restoration in the Elizabeth River watershed. The first feasibility study has been completed. The results indicated that sediment remediation in the Southern Branch was feasible and that a further "Feasibility Phase Study" should be conducted for Paradise Creek to fully assess the opportunities for environmental remediation and restoration in the Elizabeth River Basin. To authorize and fund this study requires an amendment to the original agreement. The City's total pro rata share is $12,500.00, payable in two (2) installments. If the City fails to enter into the agreement by April 30, 2006, then Federal funding may not be available. Councilman Reeve will ABSTAIN on this item as his company performs environmental restoration and Councilman Reeve expects to be involved with the Elizabeth River Project restoration along the watersheds in the future. ITEM # 55134 BY CONSENSUS, thefollowing items shall compose the CONSENT AGENDA: K. RESOLUTION/ORDINANCES 1. Resolution re the location and major design features re Princess Anne Road/Kempsville Road intersection improvements and Witchduck Road Phase 1 transportation projects. 2. Ordinance to TRANSFER $1,400,000 within the Capital Improvement Budget (CIP) from Fire and Rescue Station - Thalia to Fire and Rescue Station - First Landing re increased construction costs. 3. Ordinance to AUTHORIZE the City Manager to execute all necessary documents to acquire 45.835 acres of land at 3180 New Bridge Road and APPROPRIATE $1,925,070 from Open Space Acquisition Council Lady McClanan will vote a VERBAL NAY on Items K1, 2 and 3. Council Lady McClanan DISLOSED pursuant to Section 2.2-3115(G), Code of Virginia re Item K1. her husband and she have a ownership interest in Kempsvile Professional Center, Inc. and that corporation owns property located at 425 South Witchduck Road (GPIN 1466 79 5400 0000), near the intersection of Kempsville Road and Princess Anne Road. The City Attorney has advised that she is able to participate in this discussion fairly, objectively and in the public interest. Council Members Diezel, McClanan and Wilson, shall vote a VERAL NAY on this K3. April 25, 2006 - 21 - AGENDA RE VIE W SESION ITEM # 55135 1. Application of RADHAKRISHNA RENUKUNTA and KA VITHI VURIMINDI for a ChanJ!e ofZoninJ! District Classification from AG-1 Agricultural to Conditional R-lO at Chestnut Oak Way (DISTRICT 7 - PRINCESS ANNE) Councilman Reeve advised the applicant 's attorney has contacted the joint property owner re trail access and a consolidated development plan will be formulated. The applicant has requested an indefinite deferral. ITEM # 55136 2 Applications of HERON RIDGE PROPERTIES II, L.L.C. at 2817 Seaboard Road (DISTRICT 7 - PRINCESS ANNE) a. ChanJ!e ofZoninJ! District Classification from AG-l and AG-2 Agricultural to Conditional R-15 Residential to develop single-family homes b. Variance to 34.4 (b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) Councilman Reeve distributed correspondence from Bernard 1. Byrne, President - Heroin Ridge Home Owners Association, and the applicant is in agreement to the change to R -15 zoning. The applicant has redesigned the plan which now meets the 50% open space goal called for in the Princess Anne/Transition Area guidelines. The Homeowners Association is now in support. One resident is concerned re the placement of the playground. ITEM # 55137 5. Application of29 OCEAN, L.L. C. for a ChanJ!e ofZoninJ![rom RT-3 Resort Tourist, A-36 Apartment and A-12 Apartment to Conditional RT-3 Resort Tourist with a Laskin Road Gateway Overlay at Arctic Avenue and 29th Street (DISTRICT 6- BEACH) Correspondence from Captain P.l. Lorge, Us. Navy, Oceana Commanding Officer, dated February 28, 2006, was referenced. The City Manager advised a joint staff meeting is scheduled with Captain Lorge on May 4, 2006, to discuss issues. This item will be DEFERRED, until the City Council Session of May 9, 2006. ITEM # 55138 BY CONSENSUS, the folloWing items shall compose the PLANNING BY CONSENT AGENDA: L. PLANNING 1. Application of RADHAKRISHNA RENUKUNTA and KAVITHI VURIMINDI for a ChanJ!e of Zoning District Classification from AG-l Agricultural to Conditional R-IO at Chestnut Oak Way (DISTRICT 7 - PRINCESS ANNE) April 25, 2006 - 22- AGENDA RE VIE W SESION ITEM # 55138 (Continued) 2. Applications of HERON RIDGE PROPERTIES II, L.L.C. at 2817 Seaboard Road (DISTRICT 7 - PRINCESS ANNE) a. Change of Zoning District Classification from A G-l and AG-2 Agricultural to Conditional R-15 Residential to develop single-family homes b. Variance to 94.4 (b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) 3. Application of EVERGREEN VIRGINIA, L.L.C., CHECKERED FLAG MOTOR CAR CO., INC. and STEPHEN M. SNYDER, CO-MANAGER re a storage lot for an adjoining motor vehicle sales and repair facility at 270 Cleaifield Avenue (DISTRICT 2 - KEMPSVILLE) a. Chanze ofZoninz from R-7.5 Residential to Conditional B-2 Community Business b. Modification of Conditions (approved on March 8,2005 and October 23, 2001) re incorporating existing property into newly rezoned lot with accessory parking 4. Application of WILLIAM FOX for a Conditional Use Permit for a facility of an outdoor nature (paintball park) at 2968 Holland Road (DISTRICT 7 - PRINCESS ANNE) 5. Application of 29 OCEAN, L.L. C. for a Chanze of Zoninz {rom RT-3 Resort Tourist, A-36 Apartment and A-12 Apartment to Conditional RT-3 Resort Tourist with a Laskin Road Gateway Overlay at Arctic Avenue and 29th Street (DISTRICT 6 - BEACH) Item L.1. Application of RADHAKRISHNA RENUKUNTA and KA VITHI VURIMINDI shall be DEFERRED INDEFINITELY, BY CONSENT. Mayor Oberndorf and Councilman Schmidt will vote a VERBAL NA Y on Item 2a/b (HERON RIDGE PROPERTIES IL L.L.C). Item L.5. will be DEFERRED BY CONSENT, until the City Council Session of May 9, 2006. A~..;l ')" ')nn,;- - 23 - ITEM # 55139 Mayor Meyer E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-3711 (A), Code of Virginia, as amended, for the following purpose: PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of Property - Beach District Upon motion by Councilman Wood, seconded by Councilman Schmidt, City Council voted to proceed into CLOSED SESSION (5:25 P.M.). Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer and Richard A. Maddox (Closed Session: 5:25 P.M. - 5:38 P.M.) (Dinner: 5:38 P.M. - 6:00 P.M.) April 25, 2006 - 24- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL April 25, 2006 6:05 P.M. Mayor Meyer E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, April 25, 2006, at 6:05 P.M. Council Members Present: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Absent: Robert M. Dyer [Ill with Flu] James L. Wood [Left at 6:00 P.M. - Speaking engagement at Sea breeze Civic League] INVOCATION: Captain Monica Johnson Chaplain, First Landing Chapel, Fort Story PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record. April 25, 2006 - 25 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 55140 Upon motion by Council Lady Wilson, seconded by Councilman Schmidt, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Robert M. Dyer and James L. Wood April 25, 2006 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 55139, page 23, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Vitginia Beach City Council. -- 25 April 2006 - 26- Item V-F.1. MINUTES ITEM #55141 Upon motion by Council Lady Wilson, seconded by Councilman Reeve, City Council APPROVED Minutes of the INFORMAL AND FORMAL SESSIONS of April 11, 2006. Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Robert M Dyer and James L. Wood April 25, 2006 - 27- Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM #55142 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION ADDED: Resolution A UTHORIZING agreement between Army Corps of Engineers, the Commonwealth of Virginia, the Cities of Chesapeake, Norfolk, Portsmouth and Virginia Beach for the Elizabeth River Environmental Study. April 25, 2006 - 28 - Item V-G. 1. ADD-ON ITEM #55143 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADDED to the Consent Agenda as Item K.4.: Resolution AUTHORIZING agreement between Army Corps of Engineers, the Commonwealth of Virginia, the Cities of Chesapeake, Norfolk, Portsmouth and Virginia Beach for the Elizabeth River Environmental Study. Voting: 8-0 Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Abstaining: Jim Reeve Council Members Absent: Robert M Dyer and James L. Wood Councilman Reeve ABSTAINED on this item, as his company performs environmental restoration and Councilman Reeve expects to be involved with the Elizabeth River project restoration along the watersheds in the future. April 25, 2006 - 29- Item V-H.1.a. PUBLIC HEARING ITEM #55144 Tax Rate on Real Property for FY 2006 Mayor Oberndorf opened the PUBLIC HEARING: "The City Council hereby declares a Public Hearing open on the matter of an effective tax increase on the City's real property tax" The following registered to Speak: Al Strazzullo, 3120 Sand Pine Road, Phone: 481-0024, advised the 99~ real estate tax proposal has a tremendous impact on the homeowners, as the average increase in assessments was approximately 22%., equating to a tax increase of 18% Robert 0 'Connor, 204 52nd Street, Phone: 428-0962, opposed to the 99~ real estate tax proposal and requested the tax be decreased to 86~ Dominic Desnoyers, 313 Sand Pine Road, Phone: 481-7813, opposed to the 99~ real estate tax proposal and advised this City has the highest ratio of taxes on residents versus non residents in the entire Nation Ruth Mashburn, 1320 West Little Neck Road, Phone: 463-0120, resident for almost forty (40) years. Ms. Mashburn requested a lower tax rate and displayed an article in Parade entitled: "Is American's dream still possible?" Jim Roth, 1442 West Little Neck, Phone: 498-0203, 83-years old, resident of West Little Neck Road for thirty-five (35) years. Mr. Roth requested the real estate tax rate be decreased and place a "cap" on taxes for Retirees. Gilbert Mashburn, 1320 West Little Neck, Phone: 463-0120, spoke on behalf of Seniors and requested stabilization of the tax rate Jim Duff, 1509 BayclifJ, Phone: 481-7575, Mathematical Statistician for thirty (30) years. The citizens are concerned relative the tax rate Will Aygarn, 2264 Stowe Road, Phone: 855-2087, advised the City government is too large and extravagant in their expenditures. Mr. Aygarn requested a tax cut and corresponding decrease in assessments John Moss, 4109 Richardson, Phone: 363-7745, Chair - Virginia Beach Taxpayers Alliance, 4109 Richardson Road, Phone: 363-7745, requested the real estate tax rate be established at 82~. Mr. Moss advised the purpose of Government is not to lower the personal living standards of the citizens George Bryant, 2320 Dodd Drive, Phone: 481-3309, thirty-eight (38)- year resident of Wolfsnare Plantation and spoke in opposition to the real estate tax rate Larry Christy, 1413 Cherr Court, Phone: 412-4301, spoke in opposition to the proposed tax rate which increases his personal property taxes by nearly 60% over three (3) years. Mr. Christy presented a video entitled: "Sin City, Unlimited" which the Mayor asked be donated to the Public Library. April 25, 2006 - 30 - Item V-H.1.a. PUBLIC HEARING ITEM#55144 (Continued) Tax Rate on Real Property for FY 2006 Bob Hedrick, 1132 Blackburn Lane, Phone: 466-0136, Member of the Virginia Beach Taxpayers Alliance, expressed concern re escalation in tax rates Millie Jones, 1035 South Bay Shore Drive, Phone: 491-8656, requested the tax rate be lowered to 86if: Marylayne Castelluzzo, 5189 Stratford Chase Drive, Phone: 474-4346, long time resident of Kempsville, and City employee. Her assessment has increasedforty (40) percent over the past two (2) years There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. April 25, 2006 - 31 - Item V-LII213. PUBLIC COMMENT ITEM #55145 Tax Rate on Personal Property, Machinery and Tools for Calendar Year 2005 FY 2006-2007 RESOURCE MANAGEMENT PLAN (Operating Budget) FY 2006-2010 Capital Budget (CIP) The following registered to speak: Rebecca Voskeritchion, 6300 East Virginia Beach Boulevard, Norfolk, Phone: 461-8007, Activity Coordinator for the Endependence Center, and requested $70,000 infunding to maintain services to disabled Virginia Beach residents Carl Strass, 2828 Bluebill Drive, Phone: 721-3931, expressed concern relative takingfundsfrom the Sandbridge Tax Increment Financing Dominic Melito, 4246 Beasley Court, Phone: 729-5672, Vice President -Virginia Beach Education Association, advocated full fUnding of the Virginia Beach School Board Operating Budget Leona Shuler, 2448 Rose Hall Drive, Phone: 4781-5371, President - Trantwood Lake Corporation, represented 110 residential homes on Lake Trant. Mrs. Shuler distributed her Executive Board presentation, entitled: "Proposed FY 2006-07 through FY 2011-12 Capital Improvement Program, Quality Physical Environment, Storm water Management Projects and the Lake Trant Dredging Project CIP No. 7-813.021". Said statement is hereby made a part of the record Herb Jones, 2313 Sandpiper, Phone: 721-1103, spoke in support of the Agricultural Reserve Program and Open Space. Funding should not be decreased or suspended John Flora and son, Atlee, 2280 Souverain Lane, Phone: 646-4966, President - Tri Power Bike Club, spoke in support of funding all phases of the Bikeways and Trails Plan Fred Havens, 1665 Princess Anne Road, Phone: 426-1665, spoke in support of funding all phases of the Bikeways and Trails Plan. Rich Hildreth, President - Tidewater Striders, 1704 Catherine Court, Phone: 481-9027 spoke in support of funding all phases of the Bikeways and Trails Plan Laura W. Habr, 19th Street, Phone: 288-3861, represented CROCS and the businesses along the 11h Street Corridor. Ms. Huber urged the expenditure of the $12-MILLION for Alternative I to improve the 19th Street Corridor. Ms. Huber mailed a petition in SUPPORT signed by various businesses Nancy Perry, Executive Director - Virginia Beach Hotel/Motel Association, advised of VBHMA 's unanimous endorsement of Alternative I to improve the 11h Street Corridor, which includes acquiring an 80-foot right-ofway and creating 10-foot sidewalks. The estimated cost of the project is $12,700,000 John Moss, 4109 Richardson, Phone: 363-7745, Chair - Virginia Beach Taxpayers Alliance, 4109 Richardson Road, Phone: 363-7745, advised the City's compensation and debt service are the two fastest growing items. Mr. Moss suggested examining and restructuring compensation April 25, 2006 - 32 - Item V-LI1213. PUBLIC COMMENT ITEM #55145 (Continued) Tax Rate on Personal Property, Machinery and Tools for Calendar Year 2005 FY 2006-2007 RESOURCE MANAGEMENT PLAN (Operating Budget) FY 2006-2010 Capital Budget (CIP) Ken Pravetz, President - Virginia Beach Professional Firefighters, 4305 Shrew Trail, Phone: 416-1120, requested two (2) additional firefighters be placed in the Operating Budget to move toward 4-man staffing. Mr. Pravetz requested land be found for the Thalia Fire Station Rich Swanson, 340 Taldan, Phone: 233-0180, represented the 65-member Skaters Team and requested a safe place to skate Gene Hansen, 2313 Sandfiddler Road, Phone: 721-6736, represented the City's Bikeways and Trails Committee, referenced the survey of the Parks and Recreation Department. 70.1 % of the responders expressed adequate Bikeways and Trails being their number one concern. Attorney Michael 1. Ash, 729 Vanderbilt Avenue, Phone: 425-5307, spoke in support of Phase II of the Bikeways and Trails Plan Ben Krause, 1436 Five Hill Trail, Phone: 486-3721, expressed concern relative increases in Reserve Contingencies and Reserve for future commitments. Mr. Krause referenced last year's budget surplus of $40-MILLION There has consistently been a $25-MILLION surplus each year since 1998 Robert Dean, Communications Director - Virginia Beach Taxpayers Alliance, 1204 Shawn Drive, Phone: 426-6606, advised the City's debt at the close ofbusiness June 30,2001, was $980-MILLION The debt at the beginning of this fiscal year was $1.4-BILLION (an increase of 42.7%) Reid Greenmun, 2621 Sandpiper Road, Phone: 426-5589, expressed concern relative the Sandbridge TIF William Bailey, 4841 Rosecroft Street, Phone: 495-0637, requested real estate tax relief, public safety staffing for the Fire Department (3 firefighters per year) and one more fire station with four-man staffing There being no speakers, Mayor Oberndoif CLOSED THE PUBLIC COMMENT SESSION. April 25, 2006 - 33 - Item v'J/K. RESOLUTIONS/ORDINANCES ITEM #55146 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION Resolutions/Ordinances Items 1, 2, 3 and 4 (ADDED) of the CONSENT AGENDA. Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Robert M. Dyer and James L. Wood Council Lady McClanan will vote a VERBAL NAY on Items K.1, 2 and 3. Council Lady McClanan DISLOSED pursuant to Section 2.2-3115(G), Code of Virginia re Item K.1. her husband and she have a ownership interest in Kempsvile Professional Center, Inc. and that corporation owns property located at 425 South Witchduck Road (GPIN 1466 7954000000), near the intersection of Kempsville Road and Princess Anne Road. The City Attorney has advised that she is able to participate in this discussion fairly, objectively and in the public interest. Council Members Diezel and Wilson voted a VERBAL NAY on Item K.3. Councilman Reeve ABSTAINED on Item K..4 (ADDED) (Elizabeth River Environmental Study), as his company performs environmental restorqtion and Cquncilman Reeve expects to be involved with the Elizabeth River project restoration along the watersheds in the future. April 25, 2006 - 34- Item v.K.1. RESOLUTIONS/ORDINANCES ITEM #55147 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Resolution re the location and major design features re Princess Anne Road/Kempsville Road intersection improvements and Witchduck Road Phase 1 transportation projects. Voting: 8-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: Reba S. McClanan Council Members Absent: Robert M Dyer and James L. Wood Council Lady McClanan DISLOSED pursuant to Section 2.2-3115(G), Code of Virginia re Item K.1. her husband and she have a ownership interest in Kempsvile Professional Center, Inc. and that corporation owns property located at 425 South Witchduck Road (GPIN 1466 7954000000), near the intersection of Kempsville Road and Princess Anne Road. The City Attorney has advised that she is able to participate in this discussion fairly, objectively and in the public interest. April 25, 2006 Citye>f Virgi:r1ia. Bea.ch REBA S. McCLANAN COUNCIL LADY - DISTRICT 3 - ROSE HALL PHONE: (757) 340-8835 FAX: (757) 426-5669 April 25, 2006 Mrs. Ruth Hodges Smith, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Dear Mrs. Smith: Re: Disclosure Pursuant to Section 2.2-3115(G), Code of Virginia Pursuant to the Virginia Conflict ofInterests Act, Section 2.2-3115(G), Code of Virginia, I make the following declaration: 1. I am executing this written disclosure regarding the Resolution to approve the location and major design features for the Princess Anne Road/Kempsville Road Intersection Improvements (CIP 2-048) and Witchduck Road Phase I (CIP 2-931) Transportation Plans. 2. The nature of my personal interest is that my husband and I have an ownership interest in Kemspville Professional Center, Inc., and that corporation owns property that is located at 425 South Witchduck Road (GPIN 14667954000000), near the intersection of Kempsville Road and Princess Anne Road. 3. I am a member of a group (property owners affected by the Princess Anne/Kempsville Intersection Project) the members of which are affected by the transaction. 4. I am able to participate in this discussion fairly, objectively, and in the public interest. 3224 BURNT MILL ROAD, VIRGINIA BEACH, VA 23452-5207 Proud ReciPient of the 1998 Us. Senate Medallion of Excellence for Productivity and Qy,ality in the Public Sector. Mrs. Ruth Hodges Smith -2- April 25, 2006 Re: Disclosure Pursuant to Section 2.2-3115(G), Code of Virginia Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. A~~ Reba S. McC1anan Councilmember RSM/RRI 1 A RESOLUTION TO APPROVE THE LOCATION 2 AND MAJOR DESIGN FEATURES FOR 3 PRINCESS ANNE ROAD/KEMPSVILLE ROAD 4 INTERSECTION IMPROVEMENTS PROJECT 5 (CIP 2-048) & WITCHDUCK ROAD PHASE I 6 PROJECT (CIP 2-931) 7 8 9 WHEREAS, in the opinion of the Council of the City of Virginia 10 Beach, Virginia, a public necessity exists for the construction of 11 these important roadway projects to improve transportation within 12 the City and for other related public purposes for the preservation 13 of the safety, health, peace, good order, comfort, convenience, and 14 for the welfare of the people in the City of Virginia Beach; 15 WHEREAS, a Location and Design Public Hearing was conducted on 16 February 23, 2006, ("Public Hearing") in the City of Virginia Beach 17 by representatives of the City of Virginia Beach after due and 18 proper notice for the purposes of considering the proposed location 19 and design of Princess Anne Road/Kempsville Road Intersection 20 Improvements Project (CIP 2-048 / VDOT Project 0165-134-107, PE 21 101, RW 201, C501) and Witchduck Road Phase I Project (CIP 2-931 / 22 VDOT Project UOOO-134-174, PE 101, RW 201, C501) (the "Projects") 23 in the City of Virginia Beach, at which hearing aerial photographs, 24 drawings, and other pertinent information were made available for 25 public inspection in accordance with state and federal 26 requirements; 27 WHEREAS, all persons and parties in attendance were afforded 28 full opportunity to participate in said Public Hearing; 29 WHEREAS, representatives of the City of Virginia Beach were 30 present and participated in said Public Hearing; 31 WHEREAS, the location and design of the Projects as depicted 32 on the attached location maps were selected after extensive 33 cooperation between the City and the Citizen Advisory Committee, 34 comprised of stakeholders in the area of the Princess Anne 35 Road/Kempsville Road/Witchduck Road intersection; 36 WHEREAS, these proj ects are included in the First Cities 37 (Urban Construction Initiative) program; and 38 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 39 VIRGINIA BEACH, VIRGINIA: 40 1. The location and maj or design features of the proj ects as 41 presented at the Public Hearing conducted on February 23, 42 2006, which are set forth on the location maps attached 43 hereto, are hereby approved. 44 2. The City of Virginia Beach will acquire all rights of way 45 necessary for the Projects and certify same to the Virginia 46 Department of Transportation at the appropriate time. 47 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 25th day of April , 2006. CA9872 X :\OID\REAL EST A TElAcquisitions\ WORKING - CONDlAcquisition Ordinances\CA9872-Res-P AnneKmpsvilleWitchduck.doc R-1 PREPARED: 04/06/2006 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM 1LtY~ ['Jk ~ City Attorney's IC j' I ...II. ~ ~~\II'- ~~ a 0 \I~ D-'\ If \-' Nrl/\) ,:\0\ Q )~ -1 C::~~\~ - Q ~ 0 F7 . CJ ~\~ ~-J ~'t D ~> I ~ J;::!~ r\ ,~ c:.J. \~ 0 Q. 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(/~~~ ~M"~ [) 'qJ '\f~~~. ~~O .~~ ') g~: "~~;\ ;./t I D ~ ,)) \ /" )f) ~/ ~ 2 ~ '~h<('J ~~" ~\ "'(J 1/ ,/ t /, U.::;:;:N 0kf) ':;,.... -.:g ~ .,.J 1\ :If;. ~~i il {} H ~ v~!0.!;. l>::- \] I ..., '~ """'" /J =........ < ~4 ~ bru ;:: ~f>J 'J--t, J?l~ u 0 ~ iJ I ~~ CI ~~l,~- ~ D ::~Wt\::~lTh,~~~; G'1IR ~ . &i'''~~~ ~. ~I + aJ. ~~."'~. a:" "~~~ }:1~ ,,~~. "'~~ t. &.l~'. ~.Uu \\ . ,,"" -~~';,~~()>O ~~ ;; o~ ~() I J..- ~~I'Q ~~ ~~ (:J,~ D t:J ~ aJ~~f.--c:g~ ~ I:JJ ~ \C) \~~ D C!~:y !} 'J iJit ~ ~//P ~I g '\~k //v, A ~ p~ G ~ .~,~ J.... 0 ] ~~ t~~~///r~ Q I ~ (J ~:) 0 <> uc~ Yj} : '\ I/J t'> 0 ~ (-;Gi'( \\) ~//~.I/ {J ..9j a ~ ~ r~f7~/I~. ~ . 'If ~ l.t)~.c--- CilfJ. lilLJ ~/~ , ~~ r~~~~~~~-';; )0 .,y.# L: ~ ~;~-l? ~ CI~ . ~al.. ~~. " ...~_ VJ ~ ~= '" ~ ~ ,.~~ => ';!i!//J / ~ ~ ~ r< , .44l ;16 . \~ l;: t? LOCAT~-.~~CLe, ~~ ," A ~ii I _ WITCHDUCK ROAD PHASE I ~~"'~ ~~~~'':O ~~@~ . "~~,, .;.;: ._'ff:'. '.' ~ ~:.II{.::1 111M ,~,~'~ Jll88 ..,o'\~ ,-..., t::!] ~~' ~> J 10\ /~ '0, ~, Prepared by PW./Eng./Eng. Support Services Bureau 3/23/06 X:\Projects\ARC Files\Agenda Maps\Witchduck Rd - 35 - Item V.K.2. RESOLUTIONS/ORDINANCES ITEM #55148 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to TRANSFER $1,400,000 within the Capital Improvement Budget (CIP) from Fire and Rescue Station - Thalia to Fire and Rescue Station - First Landing re increased construction costs Voting: 8-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: Reba S. McClanan Council Members Absent: Robert M Dyer and James L. Wood April 25, 2006 1 2 3 4 5 AN ORDINANCE TO TRANSFER $1,400,000 FROM CAPITAL PROJECT #3-021, "FIRE AND RESCUE STATION - THALIA", TO CAPITAL PROJECT #3-017, "FIRE AND RESCUE STATION - FIRST LANDING" TO COVER INCREASED CONSTRUCTION COSTS 6 WHEREAS, due to the existing market conditions and increasing 7 costs for materials and labor, an additional $1,400,000 is 8 necessary for Capital Project #3-017, "Fire and Rescue Station - 9 First Landing i" and 10 WHEREAS, the additional amount needed may be transferred from 11 Capital Project #3-021, "Fire and Rescue Station - Thalia," with 12 funding to be reprogrammed to this project in future years of the 13 Capital Improvement Program. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 That $1,400,000 is hereby transferred from capital project #3- 17 021, "Fire and Rescue Station - Thalia," to Capital Project #3-017, 18 "Fire and Rescue Station - First Landing". 20 day of of the April City of Virginia Beach, 19 Adopted by the Virginia, on the 25th Council , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ScwJD. ~ Management Services , bmtt (,<.-flIA City Attorney's fice- CA9967 X:\PA\GG\OrdRes\First Landing Fire ORD R-2 April 13, 2006 - 36 - Item V.K.3. RESOLUTIONS/ORDINANCES ITEM #55149 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AUTHORIZE the City Manager to execute all necessary documents to acquire 45.835 acres of land at 3180 New Bridge Road and APPROPRIATE $1,925,070 from Open Space Acquisition Voting: 6-3 (By Consent) Council Members Voting Aye: Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndoif, Jim Reeve, Peter W Schmidt and Ron A. Villanueva Council Members Voting Nay: Harry E. Diezel, Reba S. McClanan and Rosemary Wilson Council Members Absent: Robert M Dyer and James L. Wood April 25, 2006 1 2 3 4 5 6 7 8 9 AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF REAL PROPERTY TOTALING 45.835+/- ACRES LOCATED AT 3180 NEW BRIDGE ROAD, VIRGINIA BEACH, VIRGINIA FOR $1,925,070 FROM INEZ P. WHITE WHEREAS, INEZ P. WHITE ("White") owns a 45.8351 acre parcel of 10 real estate located at 3180 New Bridge Road, in the City of 11 Virginia Beach, Virginia (the "Property"); 12 WHEREAS, White desires to sell the Property to the City of 13 Virginia Beach (the "City"); 14 WHEREAS, the City's Open Space Subcommittee has identified the 15 Property as a parcel to be considered for acquisition as part of 16 the City's open space initiative, and has recommended that the 17 Property be acquired for such purposes; 18 WHEREAS, the City Council of the City of Virginia Beach, 19 Virginia (the "City Council") is of the opinion that the 20 acquisition of the Property would further the City's open space 21 initiative; 22 WHEREAS, funding for this acquisition is available in the Open 23 Space Acquisition CIP account (CIP 4-004). 24 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 25 BEACH, VIRGINIA: 26 1. That the City Council authorizes the acquisition of the 27 Property by purchase pursuant to S; 15.2-1800 of the Code of 28 Virginia (1950), as amended, which Property is shown on Exhibit A 29 attached hereto. 30 2 . That the City Manager or his designee is further 31 authorized to execute all documents that may be necessary or 32 appropriate in connection with the purchase of the Property, so 33 long as such documents are in accordance with the Summary of Terms 34 attached hereto and acceptable to the City Manager and the City 35 Attorney. 36 Adopted by the Council of the City of Virginia Beach, 37 Virginia, on the 25th day of April , 2006. CA-9867 X:\OID\REAL ESTATE\Acquisitions\WORKING - DEEDS\Open Space Project\DF6373 - White, Inez\ord.doc R-1 April 14, 2006 APPROVED AS TO CONTENT: LEGAL 4ift~J~,. - /public Works/Real Estate EXHIBIT A LOCATION MAP FOR PROPERTY OF INEZ P. WHITE GPIN 2413-71-0629 SCALE: 1" = 800' AGENDA MAP;1NEZ WHITE.DGN M.j.S. PREPARED BY P/vv ENG. CADD DEPT. NOVEMBER 30, 2005 SUMMARY OF TERMS AGREEMENT FOR THE SALE OF APPROXIMATELY 45.835 ACRES OF PROPERTY LOCATED AT 3180 NEW BRIDGE ROAD, VIRGINIA BEACH, VIRGINIA OWNER: Inez P. White BUYER: City of Virginia Beach SALE PRICE: $1,925,070 payable as follows: $20,000.00 Deposit to be held by Byrd Realty, Inc. as Escrow Agent $1,905,070 at Settlement by check. SETTLEMENT DATE: On or before 75 days after AIS is fully executed (March 8, 2006). Due Diligence is 60 days after contract fully executed. Settlement to occur within 15 days of that date. SPECIAL TERMS AND CONDITIONS: . Property must be conveyed free and clear of all leases, tenancies and right of possession of any and all parties other than the City. . Seller shall prepare Deed conveying title to the Property to City and pay all expenses of preparation of the Deed, the grantor's tax and its own attorney's fees and costs. . City shall bear all other costs of closing and there shall be no change of use to trigger "Roll Back" taxes unless City pays such taxes. X:IOIDIREAL ESTATElAcquisitionslWORKlNG - DEEDSIOpen Space ProjectIDF6373 - White. Inezlsummaryofterms.doc - 37 - Item v'K.4. RESOLUTIONS/ORDINANCES ITEM #55150 ADD-ON Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Resolution AUTHORIZING an agreement between the Army Corps of Engineers, the Commonwealth of Virginia, the Cities of Chesapeake, Norfolk, Portsmouth and Virginia Beach for the Elizabeth River Environmental Study. Voting: 8-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Peter W. Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Abstaining: Jim Reeve Council Members Absent: Robert M. Dyer and James L. Wood Councilman Reeve ABSTAINED on Item K..4 (ADDED) (Elizabeth River Environmental Study), as his company peiforms environmental restoration and Councilman Reeve expects to be involved in the future with the Elizabeth River Project restoration along the watersheds. April 25, 2006 1 2 3 4 5 6 7 8 9 10 11 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT BETWEEN THE ARMY, AND THE COMMONWEALTH OF VIRGINIA, AND THE CITIES OF CHESAPEAKE, NORFOLK, PORTSMOUTH AND VIRGINIA BEACH FOR THE ELIZABETH RIVER ENVIRONMENTAL RESTORATION STUDY WHEREAS, on July 14, 1998, the City Council of the 12 City of Virginia Beach authorized the City Manager to enter into 13 an agreement with the Army, the Commonwealth of Virginia and the 14 Cities of Chesapeake, Norfolk and Portsmouth to conduct a 15 feasibility study to determine the need for environmental 16 remediation and restoration in the Elizabeth River; 17 WHEREAS, the feasibility study has been completed; 18 WHEREAS, the first feasibility study recommended a 19 second "Feasibility Phase Study" to assess the extent of the 20 Federal interest in participating in additional solutions for 21 sediment remediation in Paradise Creek; 22 WHEREAS, the parties to the original agreement desire 23 to participate in the second "Feasibility Phase Study", in which 24 the contribution of the City of Virginia Beach will be a total 25 of twelve thousand five hundred dollars, payable as six thousand 26 two hundred fifty dollars ($6250.00) in FY 2006 and 2008; and 27 WHEREAS, the work to be provided through this 28 agreement will significantly enhance the ability to restore, 29 enhance and conserve valuable resources within the City and the 30 Elizabeth River Basin. 31 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 32 CITY OF VIRGINIA BEACH, VIRGINIA: 33 That the Council authorizes and directs the City 34 Manager or his designee to execute the Amendment to the 35 Agreement between the Army, the Conunonwealth of Virginia, and 36 the Cities of Chesapeake, Norfolk, Portsmouth and Virginia Beach 37 for the Elizabeth River Environment Restoration Study on behalf 38 of the City of Virginia Beach. 39 Adopted by the Council of the City of Virginia Beach, 25th__ day of _ Apr.t 1 40 Virginia, on the , 2006. CA-9960 OID/ordres/ER 1amend.doc R-1 April 21, 2006 jf~ -:fJ~.'1lC Planning Department APPROVED AS TO LEGAL SUFFICIENCY: !JJrlllP1 ;r;.lJfatd City Attorney's Office APPROVED AS TO CONTENT: 2 Amendment to the Elizabeth River Environmental Restoration Study Between the City of Virginia Beach and The Army, the Commonwealth of Virginia, and The Cities of Chesapeake, Norfolk and Portsmouth SUMMARY OF TERMS Purpose: To authorize the amendment to the original Elizabeth River Environmental Restoration Study to allow for a second "Feasibility Phase Study" to determine the extent of modifications necessary for environmental restoration and remediation. Premises: The Elizabeth River Basin is located in Tidewater Virginia. Term: The City will not be required to provide remuneration until FY 2006 and 2008. Responsibilities of the City: . Pay a proportionate shore of the study costs ($12, 500.00). The Federal sponsors are contributing 75% and the Non-Federal sponsors are contributing 25% ($450,000.00 Commonwealth of Virginia and Chesapeake, Norfolk, Portsmouth and Virginia Beach each $12,500.00 for a total cost of $500,000.00. . Comply with the original agreement as modified by the addition of a second study. Responsibilities of the Other Parties: · Pay their proportionate share of the study costs. · Execute the amendment to the original agreement. X:\OID\LAND USE DIVISION - Team Z\Ordinances & Resolutions Prepared for Council\ER 1amendST.doc ~;,'\... ,{)t;~~"'~'~ ~h "0' F" ....... ~1 (/:3: 'll. '''''''': \Z', (0 . :>; \:.. ""'7' · ;;J ~.~... rr "llj ~~~~~.,:t \..~~'l CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing and Directing the City Manager to Execute an Agreement between the Army, the Commonwealth of Virginia and the Cities of Chesapeake, Norfolk, Portsmouth and Virginia Beach for the Elizabeth River Environmental Restoration Study MEETING DATE: April 25, 2006 . Background: In 1998, the City of Virginia Beach entered into an agreement with the Army, the Commonwealth of Virginia and the Cities of Chesapeake, Norfolk and Portsmouth to conduct a feasibility study to determine the need for environmental remediation and restoration in the Elizabeth River watershed. The first feasibility study has been completed. The results indicated that sediment remediation in the Southern Branch was feasible, and that a further "Feasibility Phase Study" should be conducted for Paradise Creek to fully assess the opportunities for environmental remediation and restoration in the Elizabeth River Basin. To authorize and fund this study requires an amendment to the original agreement. The City's prorate total share is $12,500.00, payable in two installments, in FY 2006 and 2008. . Considerations: The execution of the amendment will allow the second Feasibility Phase study to proceed. All of the participants must agree to the amendment. . Public Information: Publication is in the agenda. . Alternatives: The City can refuse to enter into an agreement and provide no further support of the feasibility study. If the City fails to enter into the agreement by April 30, 2006, then Federal funding may not be available. . Recommendations: Authorize the City Manager to sign the amendment to the Agreement. . Attachments: Resolution and Summary of Terms Recommended Action: Approval of the Resolution Submitting Department/Agency: Planning ~ ""tjt/~/r City Manager: - 38 - Item V-L. PLANNING ITEM # 55118 PLANNING 1. RADHAKRISHNA RENUKUNTA and KA VITHI VURIMINDI 2. HERON RIDGE PROPERTIES II, L.L.C. 3. EVERGREEN VIRGINIA, L.L. C. CHECKERED FLAG MOTOR CAR CO., INC. and STEPHEN M. SNYDER, CO-MANAGER 4. WILLIAM FOX 5. 29 OCEAN, L.LC. CONDITIONAL CHANGE OF ZONING CONDITIONAL CHANGE OF ZONING VARIANCE CONDITIONAL CHANGE OF ZONING MODIFICATION OF CONDITIONS (approved March 8,2005/ October 23, 2001) CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING April 25, 2006 - 39 - Item v.L. PLANNING ITEM # 55152 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION Items 1 (DEFERRED INDEFINITELY), 3a/b and, 4 and 5 (DEFERRED until May 9, 2006),jthe PLANNING BY CONSENT AGENDA. Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Robert M Dyer and James L. Wood April 25, 2006 - 40- Item VoL.I. PLANNING ITEM # 55153 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED INDEFINITELY, an Ordinance upon application of the Ordinance upon application of RADHAKRISHNA RENUKUNTA and KA VITHI VURIMINDI for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF RADHAKRISHNA RENUKUNTA & KAVITHI VURIMINDI FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AGRICULTURAL DISTRICT TO CONDITIONAL R-10 RESIDENTIAL DISTRICT Ordinance upon Application of Radhakrishna Renukunta & Kavithi Vurimindi for a Chanf!e of Zoninf! District Classification from AG-1 Agricultural District to Conditional R-10 Residential District on property located at the eastern terminus of Chestnut Oak Way (GPIN 14955126640000). DISTRICT 7 - PRINCESS ANNE Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. OberndorJ, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Robert M. Dyer and James L. Wood April 25, 2006 - 41 - Item v'L.2. PLANNING ITEM # 55154 Attorney R. E. Bourdon, Pembroke Office Park - Building One, 281 Independence Boulevard, Fifth Floor, Phone: 499-8971, represented the applicant and advised a better plan has been submitted, with the lots being 15,000 square feet instead of 20,000, eight (8) lots have been proposed, more than 50% open space, all lots back up to this open space, all of the specimen trees surrounding the Weddle's stately home have been preserved and deed restrictions have been modified. Laura Sisino, 2821 Seaboard Road, Phone: 689-2600, spoke in support, and expressed appreciation as the new plan complies with the Princess Anne Transition Area Guidelines. Judy Hall, 2825 Seaboard Road, Phone: 721-3358, advised the development is adjacent to the property on two (2) sides. Mrs. Hall expressed concern re the recreation area being at her back door. Upon motion by Councilman Reeve, seconded by Councilman Diezel, City Council ADOPTED: Ordinance upon application of HERON RIDGE PROPERTIES II, L.L.C. for a Conditional Change of Zoning and ALLOWED WITHDRAWAL of a Variance to ~4.4 (b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance: ORDINANCE UPON APPLICATION OF HERON RIDGE PROPERTIES IL L.L.c. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-l AND AG-2 AGRICULTURAL DISTRICT TO CONDITIONAL R-15 Z04061247 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Heron Ridge Properties II, LLC. for a Chanf!e of Zoninf! District Classification from AG-1 and AG-2 Agricultural District to Conditional R-15 Residential District on property located at 2817 Seaboard Road (GPINs 24036750380000; 24036647250000). The Comprehensive Plan designates this site as being within the Princess Anne Transition Area, suitable for cluster housing using creative planning and development techniques. The purpose of this rezoning is to develop single-family homes. DISTRICT 7 - PRINCESS ANNE The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. WITHDRAWN Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Heron Ridge Properties II, L.L.c. for property located at 2817 Seaboard Road (GPINs 24036750380000;24036647250000). DISTRICT 7 - PRINCESS ANNE This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fifih of April, Two Thousand Six. April 25, 2006 - 42- Item V.L.2. PLANNING ITEM # 55154 (Continued) Voting: 7-2 Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: Mayor Meyera E. Oberndorf and Peter W Schmidt Council Members Absent: Robert M Dyer and James L. Wood April 25, 2006 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6299 DATE: April 11 ,2006 FROM: Leslie L. Lilley -- ~ B. Kay WilSO~ DEPT: City Attorney TO: DEPT: City Attorney RE: Conditional Zoning Application; Heron Ridge Properties II, L.L.C. The above-referenced conditional zoning application is scheduled to be heard by the City Council on April 25, 2006. I have reviewed the subject proffer agreement, dated March 27, 2006, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW /sj Enclosure /cc: Kath leen Hassen HERON RIDGE PROPERTIES II, L.L.C., a Virginia limited liability company WILLIAM E. WEDDLE and JEAN RAY WEDDLE, husband and wife HERON RIDGE GOLF CLUB, L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 27th day of March, 2006, by and between HERON RIDGE PROPERTIES II, L.L.C., a Virginia limited liability company, Grantor, party of the first part; WILLIAM E. WEDDLE and JEAN RAY WEDDLE, husband and wife, Grantors, parties of the second part; HERON RIDGE GOLF CLUB, L.C., a Virginia limited liability company, Grantor, party of the third part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the fourth part. WITNESSETH: WHEREAS, the parties of the second part are the owners of a certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 7.56 acres which is more particularly described as Parcel 1 in Exhibit "A" attached hereto and incorporated herein by this reference, which parcel, along with Parcel 2 is herein referred to as the "Property"; and WHEREAS, the party of the third part is the owner of a certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 0.85 acres which is more particularly described as Parcel 2 in Exhibit "A" attached hereto and incorporated herein by reference, which parcel along with Parcell is herein referred to as the "Property"; and WHEREAS, the party of the first part as contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG-l and AG-2 to Conditional R-15; and PREPARED BY: ~.[a SYl(IS. ROURDON. GPIN' 2403 67 5038 &YP' ~qmN /kiM.P.C. . -- 2403-66-4725 1 PREPARED BY: ~ SYKIS. ~OURDON. ~ -l[RN &. 1M. P.c. WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions goveming the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the R-15 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its goveming body and without any element of compulsion or quid pro quO for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed it shall be subdivided and landscaped substantially as depicted on the "CONCEPTUAL LAYOUT PLAN OAK BREEZE SEABOARD ROAD, VIRGINIA BEACH, VIRGINIA FOR HERON RIDGE 2 PREPARED BY: llfJ.m smS. ROURDON. ri.Yf"" 'ijt:RN &. L[\!y, P.c. PROPERTIES", dated 03/20/06, and prepared by WPL ("Concept Plan"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. Except for the existing dwelling located upon the lot designated 6 on the Concept Plan, each of the single family residential dwellings to be constructed shall contain no less than 2500 square feet of enclosed living area, excluding garage for one-story and no less than 2800 square feet of enclosed living area for dwellings in excess of one-story. Each home shall have a garage for a minimum of two (2) vehicles. 3. Except for the existing dwelling located on the lot designated 6 on the Concept Plan, all residential dwellings constructed on the Property shall have visible exterior surfaces, excluding roof, trim, windows, and doors, which are no less than 75% brick, stone, stucco or similar quality materials. 4. When the Property is developed, the "DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, RESTRICTIONS, CHARGES AND LIENS OF OAK BREEZE", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, shall be recorded by the Grantors for the purpose of subjecting the Property to the requirements set forth therein. 5. The party of the first part recognizes that the subject site is located within the Transition Area identified in the Comprehensive Plan of the City of Virginia Beach, adopted on December 2, 2003. In addition to integrating significant open spaces with a low density, high quality, housing component as specified in the Comprehensive Plan, the party of the first part agrees to contribute the sum of One Thousand Dollars ($1,000.00) per lot to Grantee to be utilized by the Grantee to acquire land for open space preservation pursuant to Grantee's Outdoors Plan. If the funds proffered by the party of the first part in this paragraph are not used by the Grantee anytime within the next twenty (20) years for the purpose for which they are proffered, then any funds paid and unused may be used by the Grantee for any other public purpose. The party of the first part agrees to make payment for each residential lot shown on any subdivision plat prior to recordation of that plat. 3 6. Further conditions may be required by the Grantee subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: ( 1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute PREPARED BY: I313SYK[S. ROURDON. cause to deny the issuance of any of the required building or occupancy permits as mr'" ~ lImN &. 1M. P.c. may be appropriate; 4 PREPARED BY: ~ SYk1:S. ROURDON. &l~ <\lImN &. tM. P.c. (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantors and the Grantee. 5 PREPARED BY: ~.m SillS. ROURDON. rlo.;<""' \l.lrnN &. 1M. P.C WITNESS the following signature and seal: GRANTOR: Heron Ridge Properties II, L.L.C., a Virginia limited liability company By: ement, Inc., a Virginia aging Member (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: vA-- The foregoing instrument was acknowledged before me this 06 day of March, 2006, by Michael E. Barney, Vice President of M & T Management, Inc., a Virginia corporation, Managing Member of Heron Ridge Properties II, L.L.C., a Virginia corporation. (ZA'L- ~j ahb~' ..... Notary Public My Commission Expires: ~ d{), cX{)()'l 6 WITNESS the following signatures and seals: GRANTORS: i?i'/~;YldJC4- ~i11iam E. Weddle (SEAL) r~~rd~ Jean Ra Weddle (SEAL) STATE ~ VIRGINI~ CITY 0 'A~ L, to-wit: 7 I/,JL The foregoing instrument was acknowledged before me this c!1tl- day of J:cHyMarch, ~2006, by William E. Weddle and Jean Ray Weddle, husband and wife. a~~k )/)~LLt~ ' ~ Notary Public My Commission Expires: ~<3o.dt)l19 7 PREPARED BY: ~.m SW[S. ROURDON. ~.~ 'HmN &. LM. P.c. WITNESS the following signature and seal: GRANTOR: By: a Virginia limited Heron liabili (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: ItA- The foregoing.....instrument was acknowledged before me this ~ day of March, 2006, by ,) .'Dl(I)(Ion He 1J,rpf , Managing Member of Heron Ridge Golf Club, L.C., a Virginia limited liability company. aALL ~~/~. -- Notary Public My Commission Expires: ~ dO. ~aJ'1 8 PREPARED BY: 11m SillS. ROURDON. l'~ \HrnN &. lM. !J.e. EXHIBIT "A" PARCEL 1: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, situate, lying and being in the Princess Anne Borough of the City of Virginia Beach, Virginia, and more particularly described as follows: Commencing at the dividing line between the property acquired by Fitzhugh Lee Brown, sometimes known as Fitzhugh Lee Brown, Sr., by Deed of P. W. Ackiss, et al, Special Commissioners, dated January 7, 1937, and recorded in the Clerk's Office of the Circuit court of the City of Virginia Beach, Virginia, in Deed Book 186, at Page 133, and the property known as the Hartley Farm, at its intersection with the westerly line of Highway 628, and running thence in a westerly direction along said dividing line a distance of 300 feet to a point, which point is for the purpose of this description the point of beginning, and running westerly along said dividing line a distance of 350 feet to a point; thence turning and running in a southerly direction and parallel to the westem line of said Highway 628 a distance of 650 feet, more or less, to a point 50 feet northerly from the line of the property now or formerly known as the Burroughs Farm; thence turning and running in an easterly direction and at all times parallel with and 50 feet northerly from the said property now or formerly the Burroughs Farm, 650 feet, more or less, to the westerly line of Highway 628; thence in a northerly direction along the westerly line of said Highway 628 a distance of 200 feet to the line of the property conveyed by Fitzhugh Lee Brown, Sr., by Deed dated April 7, 1956, and recorded in the aforesaid Clerk's Office in Deed Book 459, at Page 453; thence tuming and running along the southerly line of the property so conveyed and perpendicular, or nearly so, to the said westerly line of Highway 628 a distance of 125 feet; thence tuming and running along the westerly line of the property conveyed by the said Deed recorded in Deed Book 459, at Page 453, a distance of 300 feet; thence tuming and running in a westerly direction and perpendicular, or nearly so, to the said Highway 628, a distance of 175 feet; thence tuming and running in a northerly direction and parallel to the said Highway a distance of 150 feet, more or less, to the point of beginning. GPIN: 2403-67-5038 PARCEL 2: ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as "PARCEL B-2-A" as shown on that certain plat entitled: "PLAT SHOWING A RESUBDIVISION OF LAND BETWEEN PARCELS A5-A AND A6-A, CITY OF VIRGINIA BEACH PROPERTY, DEED BOOK 3305 PAGE 1405, AND PARCEL B-1 AND PARCEL B-2 EVW GROUP, INC., DEED BOOK 3813 PAGE 1196, DEED BOOK 3809 PAGE 1018", dated 9 PREPARED BY: ".m SYl(fS. ROURDON. m1'" . qrnN &. LEVY. P.C November 21, 1997, Scale: I" = 200', prepared by Bengtson, DeBell & Elkin, Ltd., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 263, at Pages 81 - 89. GPIN: 2403-66-4725 ConditionalRezone / HeronRidgePropertieII / Proffer8. Blacklined Rev.3/29/06 10 - 43 - Item v'L.3. PLANNING ITEM # 55155 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council, ADOPTED an Ordinance upon application of EVERGREEN VIRGINIA, L.L.C., CHECKERED FLAG MOTOR CAR CO., INC. and STEPHEN M. SNYDER, CO-MANAGERfor a Conditional Chanf!e ofZoninf! and MODIFIED Conditions (approved March 8, 2005 and October 23, 2001) re incorporating existing property into newly rezoned lot with accessory parking: ORDINANCE UPON APPLICATION OF EVERGREEN VIRGINIA, L.L.C and CHECKERED FLAG MOTOR Co., INC FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-7.5 RESIDENTIAL DISTRICT TO CONDITIONAL B-2 Z04061248 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Evergreen Virginia, L.L. C and Checkered Flag Motor Co., Inc. for a Change of Zoning District Classification from R-7.5 Residential District to Conditional B-2 Community Business District on property located at 270 Clearfield Avenue (GPIN 14676623900000). DISTRICT 2 -KEMPSVILLE AND, ORDINANCE UPON APPLICATION OF EVERGREEN VIRGINIA, L.L.C and STEPHEN M SNYDER, CO-MANAGER FOR A MODIFICATION OF CONDITIONS (APPROVED MARCH 8, 2005, AND OCTOBER 23, 2001) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Evergreen Virginia, L.L. C and Stephen M. Snyder, Co-Manager for a Modification of Conditions (approved on March 8, 2005, and October 23, 2001) on property located at 270 Clearfield Avenue (GPIN 14676623900000) DISTRICT 2 - KEMPSVILLE The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fifth of April, Two Thousand Six. April 25, 2006 - 44- Item V.L.3. PLANNING ITEM # 55155 (Continued) Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Robert M Dyer and James L. Wood April 25, 2006 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6299 DATE: April 11 ,2006 FROM: Leslie L. Lilley --. ~ B. Kay Wilson DEPT: City Attorney TO: DEPT: City Attorney RE: Conditional Zoning Application; Evergreen Virginia, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on April 25, 2006. I have reviewed the subject proffer agreement, dated December 27, 2005, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/sj Enclosure vcc: Kathleen Hassen This Document Prepared by: Fine, Fine, Legum & McCracken, LLP THIS AGREEMENT made this 27th day of December, 2005, by and between RUBY B. ROBERTS, a widow, Property Owner, and EVERGREEN VIRGINIA. LLC, a Virginia limited liability company, Contract Purchaser, herein collectively referred to as "Grantors", parties of the first part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party ofthe second part. W J. T N E ~ ~ E T H: \VHEREAS, Property Owner is the owner:of certain p~:cels of property located in the Lynnhaven Borough district of the City of Virginia Beach, more particularly described as follows: See Exhibit "A" said parcels hereinafter collectively referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the zoning map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-7.5 Residential District to Conditional B-2 Community Business District (Conditional); and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit different types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use GPIN Nos. 1467-66-2390-0000 of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, Grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, Grantee, and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "Conceptual Site Layout and Landscape Plan of Checkered Flag Motor Car co., 270 Clearfield Avenue, Virginia Beach, Virginia" dated December 28,2005 prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). Page 2 of 6 2. When the Property is developed, it shall be landscaped substantially as depicted on the exhibit entitled "Conceptual Site Layout and Landscape Plan of Checkered Flag Motor Car Co., 270 Clearfield Avenue, Virginia Beach, Virginia" dated December 28,2005 prepared by MSA, P.c., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter Landscape Plan"). 3. The use of the Property shall be automobile sales display area and/or accessory parking in accordance with a conditional use permit duly approved by the City Council of the City of Virginia Beach on October 23, 200 I and modified on March 8, 2005 . 4. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the B-2 Zoning District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that such Page 3 of 6 instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body ofthe Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoni~g of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Page 4 of 6 Grantors and the Grantee. WITNESS the following signatures and seals: EVERGREEN VIRGINIA, LLC r..... :'/' ~ r. 1" .)'.'.-r- VI\.,' v; " j\ .// ,"".0 ......... , .t,..t.....7 _ . ~ ,-. r.:..-/.o -' """'l ), J'. .., Ruby B. Roberts' - - STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, Arlene A. Kilgore, a Notary Public in and for the City and State aforesaid, do hereby certify that Stephen M. Snyder, duly authorized Co-Manager of Evergreen Virginia, LLC, whose name is signed to the foregoing instrument dated the 27th day of December, 2005 did personally appear before me in my City and State aforesaid and acknowledge the same before me. GIVEN under my hand and seal ~ day Ojt'12~r~ Notary pUb':- . U My commission expires: September 30, 2005 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, 4- ki}<- fl. k;. /1 II /-c- , a Notary Public in and for the City and State aforesaid, do hereby certify that Ruby B. Roberts, whose name is signed to the foregoing instrument dated the 27th day of December, 2005 did personally appear before me in my City and State aforesaid and acknowledge the same before me. GIVEN under my hand and seal this ~ day of December, 2905 /T/J /)?' .. vUL1/--,,0- u..--. .' \..... Notary Public ! My commission expires: September 30, 2007 Page 5 of 6 Exhibit "A" ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach (formerly Princess Anne County), Virginia, and known, numbered and designated as Lot 19, as shown on that certain plat of Clear Acres, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach (formerly Princess Anne County), Virginia, in Map Book 13, at Page 57, reference to which is hereby made for a more particular description of said property. Page 6 of 6 - 45 - Item v,L. 4. PLANNING ITEM # 55155 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council, ADOPTED an Ordinance upon application of WILLIAM FOXfor a Conditional Use Permit: ORDINANCE UPON APPLICATION OF WILIAM FOX FOR A CONDITIONAL USE PERMIT FOR A FACILITY OF AN OUTDOOR NATURE (PAINTBALL PARK) R0634I54 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of William Fox for a Conditional Use Permit for a recreational facility of an outdoor nature (paintball park) on property located at 2968 Holland Road (GPIN 14953347740000) DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. No permanent structures, associated with the paintball park operation, shall be permitted on the site. 2. The hours of operation shall be limited to 9:00 A.M. to dusk. 3. The operation shall comply with standards set forth by the American Paintball League. 4. All paintball activity, (parking, play and otherwise), shall be located in the wooded area depicted on the plan entitled, "Site Plan of Paintball Park for William Fox, " dated 12/21/2005, which has been displayed to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Any expansion beyond those limits depicted on the Plan shall require additional review and approval of a modification of these conditions to be granted by the City Council. 5. This Use Permit shall be administratively reviewed on an annual basis. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fifth of April, Two Thousand Six. Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Robert M Dyer and James L. Wood April 25, 2006 - 46- Item v'L.5. PLANNING ITEM # 55156 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED until the City Council Session of May 9, 2006, Ordinance upon application of 29 OCEAN, L.L.C. for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF 29 OCEAN, L.L.c. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM RT-3, A-36 AND A-12 TO CONDITIONAL RT-3 Ordinance upon application of 29 Ocean, 1.1. C. for a Change of Zoning District Classification from RT-3 Resort District, A-36 Apartment District and A -12 Apartment District to Conditional RT-3 Resort Tourist District with a Laskin Road Gateway Overlay on rroperty located on the northeast corner of Arctic Avenue and 29t Street and on the south side of 29th Street, approximately 100 feet east of Arctic Avenue (GPINS 24280122750000; 24280122230000;24280112720000;2480112210000;24280114720 000;24280114200000;2480103790000;2428010308000). DISTRICT 6 - BEACH Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Robert M Dyer and James 1. Wood April 25, 2006 Item V-M.l. - 47- APPOINTMENTS ITEM # 55156 BY CONSENSUS, City Council RESCHEDULED: BEACHES and WATERWAYS COMMISSION HUMAN RIGHTS COMMISSION INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA MEAL TAX TASK FORCE MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE SOUTHEASTERN PUBLIC SERVCIE AUTHROITY - SPSA SPORTS AUTHORITY OF HAMPTON ROADS April 25, 2006 - 48 - Item V-Po ADJOURNMENT ITEM # 55125 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:15 P.M. ~__~:__2!!~~_f) Beverly 0. Hooks, CMC Chief Deputy City Clerk th Hodges Smith, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia April 25, 2006