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Home My WebLink AboutAPRIL 24, 2007 MINUTESCITY COUNCIL MAYOR MEYERA E. OBERNDORF, At -Large VICE, MAYOR LOUIS R. JONES, Bayside - District 4 WILLIAM R. DeSTEPH, At -Large HARRY E. DIEZEL, Kempsville - District 2 ROBERTM. DYER, Centerville - District I BARBARA M HENLEY, Princess Anne - District 7 REBA S. MCCLANAN Rose Hall - District 3 JOHN E. UHRIN, Beach - District 6 RON A. VILLANUEVA, At -Large ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY MANAGER -JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES FRASER, MMC I CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 24 APRIL 2007 RESOURCE MANAGEMENT PLAN - Conference Room - (FY 2007-2008 Operating and Capital Budget) CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 385-4303 FAX (75 7) 385-5669 E- MAIL: Ctycncl@vbgov.com 9:00 AM II. CITY MANAGER'S BRIEFINGS 1:30 PM A. HAMPTON ROADS TRANSPORTATION AUTHORITY (HRTA) Arthur L. Collins, Executive Director - Hampton Roads Planning District Commission B. PRINCESS ANNE COMMONS William J. Whitney, Jr. (Jack), Interim Director — Planning C. INDOOR SPORTS VENUE/PRINCESS ANNE COMMONS Cindy Curtis, Director — Parks and Recreation III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Kevin Milcarek Back Bay Christian Assembly of God 4:30 PM 6:00 PM II 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 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARINGS April 10, 2007 1. LEASE OF CITY PROPERTY Pieces of Eight, LLC C.B.M. Co. T/A Schooner Inn 2. ACQUISITION OF EASEMENTS Diamond Springs Road Bridge Replacement 3. TAX RATE ON REAL PROPERTY FOR FY2007 (real estate tax rate) 4. CAVALIER IPTV, LLC FRANCHISE Construct or operate a cable system I. CONSENT AGENDA J. ORDINANCES Ordinance to ADD §§ 33-120 through 33-131 to the City Code re newsracks in the Resort Area. 2. Ordinance to AUTHORIZE the City Manager to execute a Lease for less than five (5) years with Pieces of Eight, LLC and C.B.M. Co. T/A Schooner Inn for City -owned property at 2nd Street and Atlantic Avenue for their Pirate Cruise tourist attraction and overflow parking for registered guests of the Schooner Inn. 3. Ordinance to AUTHORIZE the acquisition of permanent and temporary easements either by agreement or condemnation, for Diamond Springs Road Bridge Replacement project to improve transportation within the City; AUTHORIZE City Manager to make a reasonable offer to the owners or persons having an interest in said property. DISTRICT 4 - BAYSIDE 4. Ordinance to AUTHORIZE a temporary encroachment into a portion of City property, known as Lake Wesley, for BRUCE L. THOMPSON at the rear of 456 Southside Road, to construct and maintain a fixed pier, gangway, float, mooring piles, vertical boat lift and to maintain existing piles, portions of an existing deck, brick patio, bulkhead and riprap. DISTRICT 6 - BEACH 5. Ordinances to ACCEPT and APPROPRIATE: a. $1,965,315 in various U.S. Department of Housing and Urban Development (HUD) Federal Section 8 Voucher Revenues and TRANSFER $12,835 from the Community Development Site Acquisition to the Department of Housing and Neighborhood Preservation's FY 2006-2007 operating budget re rental housing b. $34,842 from the State Compensation Board to the Commonwealth's Attorney's FY 2006-07 operating budget re the purchase of office equipment $20,000 from the Virginia Beach Parks and Recreation Foundation to the Community Recreation Center Repairs and Renovations — Phase II, re constructing a preschool playground, with revenue from local sources increased accordingly, to be used by the Pre -School Buddies program d. ACCEPT donation of a thermal imager, valued at $11,850, from the Commercial Equipment Direct Assistance program (CEDAP) to the Police Department in their homeland security mission 6. Ordinances to TRANSFER: a. $500,000 from the General Fund Reserve for Contingencies to a dedicated Reserve for the Sheriff s Department to support potential increased costs of food and medical contracts In b. $90,000 from the operating budget of the Arts and Humanities Commission to the general fund Transportation Reserve for Contingencies re the acquisition of artwork for the Sandler Center for the Performing Arts PLANNING Applications of GRACE BIBLE CHURCH at Ansol Lane and Norfolk Southern Railway: DISTRICT 3 — ROSE HALL a. discontinuance, closure and abandonment of an unnamed, unimproved right-of- way b. Change of Zoning District Classification from I-1 Light Industrial District to 0-2 Office District C. Conditional Use Permit for a church RECOMMENDATION: APPROVAL 2. Application of ZION CITY OF DELIVERANCE OUTREACH for a Conditional Use Permit re a church at 5405 Indian River Road. DISTRICT 1 — CENTERVILLE DEFERRED RECOMMENDATION April 10, 2007 APPROVAL 3. Application of CHECKERED FLAG MOTOR CAR COMPANY for a Conditional Use Permit for motor vehicle sales, rentals and service at 5193 Virginia Beach Boulevard. (The applicant has requested an indefinite deferral.) DISTRICT 2 — KEMPSVILLE (Applicant requests Indefinite Deferral) RECOMMENDATION: Refer to the Planning Commission 4. Application of PRINCE OF PEACE LUTHERAN CHURCH for a Conditional Use Permit for a columbarium, memorial plaques, garden with benches and a walkway at 424 Kings Grant. DISTRICT 5 — LYNNHAVEN RECOMMENDATION: APPROVAL 5. Application of T -MOBILE COMMUNICATIONS CAP OPERATIONS, L.L.C. for a Conditional Use Permit for a wireless communications tower at 4300 Pembroke Boulevard. DISTRICT 4 — BAYSIDE RECOMMENDATION: APPROVAL 6. Ordinance AMENDING §§111, 401, 501, 601, 801,901 and 1001; ADDING §§ 242.3 and 242.4 of the City Zoning Ordinance (CZO)to establish definitions of a Home -Based Wildlife Rehabilitation Facility and Wildlife Rehabilitation Center; and, ESTABLISHING specific standards and applicable districts for each use. 7. Application of CAROL CASE for a Conditional Use Permit for a Home -Based Wildlife Rehabilitation Facility to care for injured and orphaned wildlife animals at 113 Matt Lane. DISTRICT 6 — BEACH RECOMMENDATION: APPROVAL 8. Application of SANDLER AT BRENNEMAN FARM, L.L.C. for a Modification of the Brenneman Farm PD-H2Land Use Plan (approved by City Council on September 9, 2003) to change the designated land use from carriage homes to two-story townhomes at Brenneman Trail. DISTRICT 2 — KEMPSVILLE RECOMMENDATION: L. APPOINTMENTS HEALTH SERVICES ADVISORY BOARD MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE TOWING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT APPROVAL CITYWIDE TOWN MEETINGS June 19 Location To Be Announced — 7:15 pm September 18 Location To Be Announced — 7:15 pm November 20 Location To Be Announced — 7:15 pm CITY COUNCIL BIENNIAL RESOURCE MANAGEMENT WORKSHOP SCHEDULE April 24 (Workshop) April 24 (Public Hearing) May 1 (Workshop) May 8 (Reconciliation Workshop) May 15 (Adoption) Agenda 04/24/2007gw www.vbgov.com Council Conference Room Council Chamber at 6:00 p.m. Council Conference Room Council Conference Room Council Chamber at 6:00 p.m. 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 *********** -1- M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April 24, 2007 Mayor Meyera E Oberndorf called to order the City Council Workshop re the RESOURCE MANAGEMENT PLAN (FY 2007-2008 Operating and Capital Budget) in the City Council Conference Room, City Hall, on Tuesday, April 24, 2007, at 9:00 A.M. Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva Rosemary Wilson and James L. Wood Council Members Absent: Reba S. McClanan [ Entered: 12:50 P. M. — due to Illness] April 24, 2007 -2 - CITY COUNCIL WORKSHOP RESOURCE MANAGEMENT PLAN (FY 2007-2008 Operating and Capital Budget) 9:00 A.M. ITEM # 56312 Mayor Oberndorf asked if there would be any consequences in services provided by lowering the real estate tax rate. Mayor Oberndorf wished to be advised if the core services expected by citizens would remain. Councilman DeSteph believes discussion should be "round robin " concerning the real estate tax rate and what should be considered and not considered re lowering this rate i.e. Employee lay-offs, attrition, and examining issues in previous operating budgets. Public Safety Compression should remain as was promised by City Council. A chart depicting Rate Reduction Spread Proportionally Among Departments (assumes no reduction to compensation) was distributed and is hereby made apart of the record. Councilman Diezel advised every Holiday costs the City approximately $300, 000 plus in terms of compensation for employees who must work on Holidays. Discussion entailed reducing the current holdings for the GASB 45 compliance. The City Manager advised the six (6) components of compensation: General Increase, Market Salary Survey Adjustments, Public Safety Second Year Compression, General Employee Vertical Compression adjustment, Merit and Health Care contribution The Employee Benefits Review Task Force enacted October 24, 2006, is reviewing the package of benefits provided by the City and Virginia Beach Public Schools, comparing the current level and type of employee benefits to those provided by other governmental entities and by private businesses. They are identifying and examining alternative benefit options and approaches in order to balance the community's need to attract and retain a highly professional and competent work force with the community's ability to financially support the cost of such benefits. Susan Walston, Chief of Staff, advised changes in the GASB Unfunded Liability concern health care and whether full coverage is projected in the future. The Task Force is currently examining access to the Health Plan and the amount the individual would pay toward this coverage. Ms. Walston advised the evaluation performed by Mercer and Associations relative GASB 45 was based on the current Health plans, the enrollees, retirees and the projection. This was an estimate "based upon a picture in time of the current population ". This evaluation is valid until changes are made to the compensation policy. Catheryn Whitesell, Director — Management Services, advised if the decision is made to fund the Unfunded Liability payment, this must take place by June 30, 2008. The Virginia Beach School Board is struggling with the same issues and has set aside a substantial portion of funds approximately $9 - MILLION and are proposing taking another $1-MILLIONfrom their current budget. April 24, 2007 -3 - CITY COUNCIL WORKSHOP RESOURCE MANAGEMENT PLAN (FY 2007-2008 Operating and Capital Budget) ITEM # 56312 (Continued) The City Manager advised the total percentage increase of salary compensation - 6.9% (across the board) Information was distributed concerning State and Federal mandates. The bottom line of this review was that State and Federal Mandates cost the City $464,603,499 and the City receives $120,694,528 in state/federal revenue. The net impact is an unfunded impact of $341,726,508 or 0.64 cents on the real estate tax rate. A Summary of the Unfunded Mandates As a Result of 2006-2007 General Assembly Session was distributed and is hereby made apart of the record. An example was cited: ComIT Federal Rule of Civil Procedures: The new rule amendments essentially establish: Electronically Stored Information (ESI) must be discoverable, litigations must preserve and produce ESI, lawyers must understand how to request, protect, review and produce ESI and the courts have tools to recti abuse or obstructive electronic discovery. ESI must be preserved in a way that does not interfere with a party's right to compel the City to provide it. Schools H82302: Permits local School Boards to enter into agreements with nonpublic schools in the school division to provide student transportation for a fee to and from the nonpublic schools. The amount of the unfunded mandates is equal to the entire revenue stream for real estate taxes. The City Manager advised the change in the Capital Improvement Program is $2 -MILLION more required for Constitution Drive. Council Lady Wilson referenced the book depicting all the properties owned by the City and she believes some of these could be placed for sale to the public and thus assist in paying for some costs involving Capital Improvement Projects. Mrs. Whitesell advised if the real estate tax rate was 86¢, the City Manager's Proposed Operating Budget must be reduced by $37.3 -MILLION. This would be split with the Virginia Beach City Public Schools, according to theirformula: Schools: $19.1 -MILLION, City: $18.2 -MILLION. A Summary of Pay -As -You -Go Financing for the FY 2007-08 Capital Improvement Program Breakdowns between Dedicated and Non -Dedicated and CIP Projects Funded as Design Only in the FY 2006-07/FY 2011-12 CIP was distributed RECESS FOR LUNCH 12:00 NOON —12:50 P.M. April 24, 2007 SEIM CITY COUNCIL WORKSHOP RESOURCE MANAGEMENT PLAN (FY 2007-2008 Operating and Capital Budget) ITEM # 56312 (Continued) 12:50 P.M. Catheryn Whitesell distributed a listing of Parks and Recreation Capital Improvement Projects By Available Funding. The City Manager introduced Cindy Curtis, Director of Parks and Recreation, to provide information concerning their Capital Improvement Program. Parks and Recreation CIP Funding Sources ■ Outdoor Initiative (470 RE Tax): Parks and special facilities ■ Recreation Center Referendum (3.476 RE Tax): Six recreation centers ■ Open Space Acquisition (44 Meal Tax): Acquisition, development, management of open space acquisitions ■ Charter bonds & other sources for special projects (Stumpy Lake, pedestrian connectivity) Outdoor Initiative (47 RE Tax = $2,501,379) Funding Supports: ■ 213 parks, 4,900 acres ■ 199 playgrounds (backlog 35) ■ 181 tennis courts (backlog 12) ■ 3,926,125 sf (90 acres) of parking lots, basketball courts ■ 127,013 LF (24.05 miles) walks & trails (in parks) ■ 192 shelters ■ 213,879 LF (40.5 miles) offence ■ 18 primary buildings; 72 total ■ 5 waterway access points ■ Sportsplex & VSFH Training Center Outdoor Initiative ■ Current/programmed funding is not adequate to cover park infrastructure replacement costs ■ Currently underfunded by $141.5 million annually Recreation Center Referendum Funding (3.476 RE Tax = $4,826,862) ■ Supports renewals and replacements including proactive large scale maintenance; replacement of building systems such as HVAC, plumbing, windows, flooring, carpeting, major equipment. ■ Six community recreation centers total 400,000 sf ■ Replacement value of over $100,000,000 April 24, 2007 -5 - CITY COUNCIL WORKSHOP RESOURCE MANAGEMENT PLAN (FY2007-2008 Operating and Capital Budget) ITEM # 56312 (Continued) Recreation Center Funding ■ Current funding is adequate for renewals and replacements to existing centers ■ Current funding does not address renovation, expansion, or new development such as: ■ Bow Creek fitness & pool areas ■ Seatack addition ■ Kempsville interior renovations, parking, playgrounds ■ New western Bayside community Parks and Recreation (Continued) Open Space Acquisition & Development (.44 cents Meals Tax = $2,050,000 ■ Purchased 1, 770 acres of property on 17 sites ■ Five sites pending acquisition, totaling 75.95 acres ■ Provides some funding for future development and management of properties ■ $9.4 million remaining in Open Space Fund Open Space Acquisition & Development ■ Current funding for acquisition is reasonable; may change with City initiatives such as JL US/ITA acquisitions and/or special interest areas such as Princess Anne Commons ■ Current funding for operation and management is also reasonable based on current anticipated housing developments ■ Total cost estimated for open space development is approximately $10,000,000 Parks and Recreation CIP Summary ■ Current funding adequate for recreation center renewals and replacements; reductions in funding will result in deteriorating facilities ■ Outdoor Initiatives funding is inadequate to address backlogs and deferred maintenance (need $1- $1.5 million/year); additional reduction will result in a serious decline in the quality of parks and special facilities ■ Open space funding is adequate for current level of anticipated acquisition and associated development costs April 24, 2007 res CITY COUNCIL WORKSHOP RESOURCE MANAGEMENT PLAN (FY 2007-2008 Operating and Capital Budget) ITEM # 56312 (Continued) Outdoor Initiative Tax Reduction Scenarios ■ 86 cents (-188,276): ■ -$100,000 Greenways and Scenic Waterways ■ -$50,000 Neighborhood Parks (one less neighborhood park, typically -3 a year) ■ -38,276 District & Community Parks (one less large picnic shelter, one less small picnic shelter) ■ 84 cents (-242,069) ■ Same as above, decrease scenic waterways a total of $153, 793 ■ 78 cents (-403,448) ■ Cut entire Greenways & Scenic Waterways CIP, two less neighborhood parks, one less small parking lot improvement at district & community parks Recreation Center Tax Reduction Scenarios ■ 86 cents (-1,392,440) ■ Delay Princess Anne roof replacement (-800,000) ■ Delay renovations to Bow Creek locker rooms (-250,000) ■ Delay replacement of roof heating and cooling units at Kempsville and Seatack (- 450, 000) ■ 84 cents (-1, 790,280) ■ Delay Princess Anne roof replacement (-800,000) ■ Delay renovations to Bow Creek locker rooms (-250,000) ■ Delay replacement of roof heating and cooling units at Kempsville and Seatack (-450, 000) ■ Replace Kempsville pool surface (-150,000) ■ Delay replacement of underwater lights at Bayside (-235,000) ■ 78 cents (-2,983,801- a 60% reduction in current funding) ■ Delay Princess Anne roof replacement (-800,000) ■ Delay renovations to Bow Creek locker rooms (-250,000) ■ Delay replacement of roof heating and cooling units at Kempsville and Seatack (-450,000) ■ Replace Kempsville pool surface (-150, 000) ■ Delay replacement of underwater lights at all recreation center pools (-550,000) ■ Delay replacement of Bayside pool filter (-274,000) ■ Delay replacement of chiller and boiler at Bow Creek (-260,000) ■ Delay bowling lane conversions at Kempsville and Bayside (-200,000) ■ Delay replacement of hot water heaters and air compressors at Princess Anne, Bow Creek, and Bayside (-150,000) April 24, 2007 -7 - CITY MANAGER `S BRIEFING HAMPTON ROADS TRANSPOR TA TION AUTHORITY 1:40 P.M. ITEM # 56313 Robert Matthias, Assistant to the City Manager, advised House Bill 3202 goes into effect July First and the Hampton Roads Authority will become effective. This Authority will Include the Counties of Isle of Wight, James City, and York and the Cities of Chesapeake, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach and Williamsburg. The Counties of Accomack and Northampton shall be included in the Hampton Roads Transportation Authority (HRTA) when all bonds and other debt for the Chesapeake Bay Bridge Tunnel have been paid in full. Require at least seven (7) of the twelve counties' and cities' governing bodies to agree to the HRTA, which must result in at least a fifty-one percent of the counties and cities total population. The localities must pass a duly adopted resolution stating its approval of such power of the HRTA no later than December 31, 2007. If implemented, the HRTA generates approximately $168.5 -million a year for regional transportation projects, with a potential increase of 9% annually, based on the State's 2009 estimates, the following figures are expected to be generated.-. Fees Established Total Funds Generated Funds from City of Virginia Beach $10 automobile ins ection ee $ 12.3 -MILLION $ 3.5 -MILLION 5% tax on automobile repairs $ 18.9 -MILLION $ 5 -MILLION Grantors tax of 0.40¢ per $100 of assessed value $ 49.1- MILLION $15.2 -MILLION Motor vehicle rental tax of 2% $ 3.5 -MILLION $ 627,000 One-time vehicle re istration ee of 1% $ 41.2 -MILLION $13.2 -MILLION Annual vehicle re istration ee o $10 $ 13.3 -MILLION $ 3.7 -MILLION 2% retail tax on motor el sales $ 30.2 -MILLION $ 9.2 -MILLION TOTALS: $168.5 -MILLION $50.4 -MILLION Discretionary Fees Total Funds Generated Funds from City of Virginia Beach Commercial real estate surcharge up to 0.100 $ 20.3 -MILLION $ 5.5 -MILLION Local vehicle registration fees o $10 $ 6.7 -MILLION $ 3.7 -MILLION Commercial and residential impact fees shall be determined. Fees collected would provide for the phased construction of the six (6) major transportation projects, which are included in the federally mandated 2030 Regional Transportation Plan: April 24, 2007 -8 - CITY MANAGER'S BRIEFING HAMPTON ROADS TRANSPOR TA TION A UTHORITY ITEM # 56313 (Continued) First Phase Projects Route 460 Upgrade I-64 Widening on the Peninsula I-64 Widening on the Southside Downtown TunneUMidtown TunneUMLK Extension Southeastern Parkway/Dominion Boulevard/Route 17 I-664 Widening in Newport News I-664 Widening on the Suothside I-664 Monitor Merrimac Memorial Bridge Tunnel Widening Second Phase Projects I-564 from I-64 to the Intermodal Connector I-564 Connector to the Monitor Merrimac Memorial Bridge Tunnel Craney Island Connector The Chesapeake Bay Bridge -Tunnel (bridges, tunnels, roadways, and related faculties) shall become subject to the control of the HRTA when all bonds and other debt for the Chesapeake Bay Bridge Tunnel have been paid in full The HRTA may impose and collect tolls in amounts established by the HRTA for the use of any new or improved highway, bridge, tunnel, or transportation facility. Any tolls imposed by the HRTA shall be collected by an electronic toll system that shall not impede the traffic flow of the facility or prohibit a toll facility from retaining means of non - automated toll collection in some lanes for the facility. The HRTA shall consist of the following members: The chief elected officer of each of the twelve (12) localities, or his designee, shall serve with voting privileges A member of the Commonwealth Transportation Board, appointed by the Governor, who resides in the region shall serve ex officio without a vote The Director of the Virginia Department of Rail and Public Transportation, or his designee, shall serve ex officio without a vote The Commonwealth Transportation Commissioner, or his designee, shall serve ex officio without a vote Two members of the Virginia House of Delegates, appointed by the Speaker of the House, who resides in the region shall serve ex officio without a vote One member of the Senate of Virginia, appointed by the Senate Committee on Rules, who resides in the region shall serve ex officio without a vote. Decisions of the HRTA shall require the affirmative vote of the majority of the voting members present, and voting members present must result in at least fifty-one percent of the total population of the counties and cities. April 24, 2007 CITY MANAGER'S BRIEFING HAMPTON ROADS TRANSPOR TA TION A UTHORITY ITEM # 56313 (Continued) The staff of the Hampton Roads Planning District Commission and the Virginia Department of Transportation will work cooperatively to assist in the proper formation and effective organization of the HRTA. Until the HRTA is fully established and functioning, the staff of the HRPDC will serve as its staff, and will provide the HRTA with office space and administrative support. The HRTA shall reimburse the HRPDC for the cost of such staff, office space and administrative support as appropriate. Charts entitled: Revenue Collection Estimates for the Hampton Roads Transportation Authority, Revenue Growth Rate Estimates from 1998-2006, Estimates of Population for Virginia and its Localities, Final 2005 and Provision 2006, Hampton Roads Transportation Authority Authorized Fees and Taxes, Vehicle Trip Ends by Jurisdiction, 2030 and Proposed Hampton Roads Transportation Authority Projects - lane miles to be constructed were distributed and are hereby made a part of the record. Senator Kenneth W. Stolle advised the existing bonds re the Chesapeake Bay Bridge Tunnel will be paid off in 2018, if not sooner. Concerning the discretionary fees, the City may utilize these fees as desired, as long as for transportation. However, there is some controversy over the impact fees. Next year, two (2) items will be addressed in the General Assembly: Impact Fee Bill (to restore the language to original form, (limited to Northern Virginia, Central Virginia) and the Point of Collection for the titling tax (one time registration fee) has to be decided. Art Collins, Chairman — Hampton Roads Planning District Commission (HRPDC), advised electronic tolls are much less expensive. The Hampton Roads Transportation Authority must organize to take the funds, invest and allocate them properly. BY MAJORITY, City Council shall SCHEDULE a Public Comment Session re establishment of the Hampton Roads Transportation Authority for May 1, 2007, and a Resolution, supporting the establishment shall be SCHEDULED for the City Council Session of May 8, 2007. BREAK: 3:02 P.M. — 3:10 P.M. CITY COUNCIL RETURNED TO THE RESOURCE MANAGEMENT PLAN WORKSHOP April 24, 2007 -10 - CITY COUNCIL WORKSHOP RESOURCE MANAGEMENT PLAN (FY 2007-2008 Operating and Capital Budget) ITEM # 56314 (Continued) Coastal Capital Improvement Projects A listing of the Bikeway Projects, by Planning Area was distributed Phil Davenport, Interim Director — Public Works, distributed the Coastal Capital Improvement Projects by Available Funding (which is hereby made apart of the record). II. Partially Funded 8-002 Beach Profile Monitoring Program 8-004 Various Minor Dredging Projects 8-014 Lynnhaven Inlet Maintenance Dredging The source of funding for these projects would be the boat tax, if approved. Project #8-110, Eastern Branch Lynnhaven River Dredging (New Project), the City is underway with design of this project and permits are being sought. This is the result of City Council ADOPTION April 10, 2007: Ordinance to AUTHORIZE the City Manager to execute a Dredged Material Disposal Area Use Agreement between the City and civic and/or neighborhood associations re residents disposing of dredged material in the City -owned Whitehurst Borrow Pit Disposal Area. Application of the CITY OF VIRGINIA BEACH for a Conditional Use Permit refilling a borrow pit at Oceana Boulevard and Credle Road. DISTRICT 6 — BEACH Concerning the Rudee Inlet Federal Dredging (Project 8-830), the United States Army Corps of Engineers is "zero for six" in attempting to secure contracts for Rudee Inlet Dredging. Meanwhile the Currituck Dredge dredges about four (4) times a year. Mr. Davenport will explore the possibility of an ongoing dredging contract, rather than constantly bidding for this service with the United States Army Corps of Engineers. April 24, 2007 -11 - CITY COUNCIL WORKSHOP RESOURCE MANAGEMENT PLAN (FY 2007-2008 Operating and Capital Budget) ITEM # 56314 (Continued) Economic Vitality James B. Ricketts, Director — Convention and Visitors Bureau and David Bradley — Interim Director — Economic Development distributed the Economic Vitality Capital Improvement Projects listings, which are hereby made apart of the record. H Partially Funded 9-035 Town Center Pedestrian Bridge 9-075 BeachStreet USA — Phase H Town Center Infrastructure has $650,000 being added in Fiscal Year 2008. This is to address Phase III of Town Center. The Town Center Pedestrian Bridge is "on the street" for design, and not funded for construction. Communications and Information Technology Gwen Cowart, Director — Communications and Information Technology distributed the ComIT Capital Improvement Projects listing, which is hereby made apart of the record. Mrs. Cowart advised one of the most significant projects is CIP 3-200: Revenue Assessment and Collection System. This is a replacement of the entire system. This project is one of the largest in the history of the City. Permits and Inspections is basically replacing their Legacy System and this analysis is currently being conducted. The majority of the Human Services Client Information System has been implemented (3.280). The second largest project in the City's history is CIP 3.280: Human Resources/Payroll System. The first phase of the core functionality will come online January 2008. The RESOURCE MANAGEMENT PLAN (FY 2007-2008 Operating and Capital Budget) Workshop will again commence at 9:00 A.M., May 1, 2007. April 24, 2007 -12 - CITY COUNCIL LIAISONREPORTS 4:08 P.M. ITEM # 56315 Council Members Villanueva and Dyer, Liaisons — Minority Business Council, advised of a Continuing Education Program, Thursday, April 26, 2007, 5:30 P.M., Advanced Technology Center. A "meet and greet" Reception is also being conducted with the Virginia Beach Development Authority, Sunday, April 29, 2007. ITEM # 56316 Council Member Villanueva, Liaison — Skate Park, advised one of the best investments made is the Skate Parks (Woodstock - Providence Road) which is being utilized tremendously and positive comments have been received. ITEM # 56317 Councilman DeSteph, Liaison — Beaches and Waterways Committee, conducted a water tour of Lake Trant relative the dredging issues on Wednesday, April 11, 2007. This Committee has dedicated extraordinary effort. April 24, 2007 -14- A GENDA REVIEW SESION 3:26 P.M ITEM # 56319 BY CONSENSUS, the following shall compose the CONSENT AGENDA: J. ORDNANCES 1. Ordinance to ADD §§ 33-120 through 33-131 to the City Code re newsracks in the Resort Area. 2. Ordinance to AUTHORIZE the City Manager to execute a Lease for less than five (5) years with Pieces of Eight, LLC and C.B.M. Co. TIA Schooner Inn for City- owned property at 2nd Street and Atlantic Avenue for their Pirate Cruise tourist attraction and overflow parking for registered guests of the Schooner Inn. 3. Ordinance to AUTHORIZE the acquisition of permanent and temporary easements either by agreement or condemnation, for Diamond Springs Road Bridge Replacement project to improve transportation within the City; AND, AUTHORIZE The City Manager to make a reasonable offer to the owners or persons having an interest in said property. DISTRICT 4 - BAYSIDE 4. Ordinance to AUTHORIZE a temporary encroachment into a portion of City property, known as Lake Wesley, for BRUCE L. THOMPSON at the rear of 456 Southside Road, to construct and maintain a fixed pier, gangway, float, mooring piles, vertical boat lift and to maintain existing piles, portions of an existing deck, brick patio, bulkhead and riprap. DISTRICT 6 — BEACH 5. Ordinances to ACCEPT and APPROPRIATE: a. $1,965,315 in various U.S. Department of Housing and Urban Development (HUD) Federal Section 8 Voucher Revenues and TRANSFER $12,835 from the Community Development Site Acquisition to the Department of Housing and Neighborhood Preservation's FY2006- 2007 operating budget re rental b. $34,842 from the State Compensation Board to the Commonwealth's Attorney's FY 2006-07 operating budget re the purchase of office equipment C. $20, 000 from the Virginia Beach Parks and Recreation Foundation to the Community Recreation Center Repairs and Renovations — Phase II, re constructing a preschool playground, with revenue from local sources increased accordingly, to be used by the Pre -School Buddies program d. ACCEPT donation of a thermal imager, valued at $4--8-59-$11,850, from the Commercial Equipment Direct Assistance program (CEDAP) to the Police Department in their homeland security mission April 24, 2007 -15- A GENDA REVIEW SESION ITEM # 56319 (Continued) 6. Ordinances to TRANSFER: a. $500, 000 from the General Fund Reserve for Contingencies to a dedicated Reserve for the Sheriffs Department to support potential increased costs of food and medical contracts b. $90, 000 from the operating budget of the Arts and Humanities Commission to the General Fund, Transportation Reserve for Contingencies, re the acquisition of artwork for the Sandler Center for the Performing Arts Item J.1. (newsracks) shall be AMENDED, BY CONSENT. Councilman Uhrin ABSTAINED on Item J.2 (Schooner Inn), as he is employed by Schooner Inn. Council Lady Wilson DISCLOSED on Item J.4. (BRUCE L. THOMPSON). Her husband is a principal in the accounting firm of Goodman and Company. Bruce Thompson is a client of Goodman and Company; however, here husband does not personally provide services to him. The City Attorney has advised Council Lady Wilson is able to participate in the discussion and vote. April 24, 2007 -16- A GENDA REVIEW SESION ITEM # 56320 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA 1. Applications of GRACE BIBLE CHURCH at Ansol Lane and Norfolk Southern Railway: DISTRICT 3 — ROSE HALL a. discontinuance, closure and abandonment of an unnamed, unimproved right-of-way b. Change of Zoning District Classification from 1-1 Light Industrial District to 0-2 Office District c. Conditional Use Permit for a church 3. Application of CHECKERED FLAG MOTOR CAR COMPANYfor a Conditional Use Permit for motor vehicle sales, rentals and service at 5193 Virginia Beach Boulevard. (The applicant has requested an indefinite deferral.) DISTRICT 2 — KEMPSVILLE 4. Application of PRINCE OF PEACE LUTHERAN CHURCHfor a Conditional Use Permit for a columbarium, memorial plaques, garden with benches and a walkway at 424 Kings Grant. DISTRICT 5 — LYNNHAVEN 5. Application of T -MOBILE COMMUNICATIONS CAP OPERATIONS, L.L.C. for a Conditional Use Permit for a wireless communications tower at 4300 Pembroke Boulevard. DISTRICT 6 — BEACH 6. Ordinance AMENDING §,¢111, 401, 501, 601, 801, 901and 1001; adding §§ 242.3 and 242.4 of the City Zoning Ordinance (CZO) to establish definitions of a home- based wildlife rehabilitation facility and Wildlife Rehabilitation Center; and, establishing specific standards and applicable districts for each use. 7. Application of CAROL CASE for a Conditional Use Permit for a home-based wildlife rehabilitation facility to care for injured and orphaned wildlife animals at 113 Matt Lane. DISTRICT 6 — BEACH 8. Application of SANDLER AT BRENNEMAN FARM, L.L.C. for a Modification of the Brenneman Farm PD -H2 Land Use Plan (approved by City Council on September 9, 2003) to change the designated land use from carriage homes to two-story town homes at Brenneman Trail. DISTRICT 2 — KEMPSVILLE Item K3 (CHECKERED FLAG MOTOR CAR COMPANY) shall be REFERRED TO THE PLANNING COMMISSION, BY CONSENT. April 24, 2007 -17 - ITEM # 56321 Mayor Meyera 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: PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(1) Council Appointments: Boards, Commissions, Committees, Authorities and Agencies 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). Beach District Beach District/Rose Hall District LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-3711 (A)(7). SPSA Yard Waste Facility Potential Korean Investment Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council voted to proceed into CLOSED SESSION (4:44 P.M.). Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None (Closed Session: 4:44 P.M. — 5:40 P.M.) (Dinner. 5:40 P.M. — 6: 00 P.M.) April 24, 2007 -18 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL April 24, 2007 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, April 24, 2007, at 6.•00 P.M. Council Members Present: William R. "Bill" DeSteph, Vice Mayor Louis R. Jones, Oberndorf, John E. Uhrin, and James L. Wood Council Members Absent: Harry E. Diezel Robert M. Dyer, Barbara M. Henley, Reba S. McClanan, Mayor Meyera K Ron A. Villanueva, Rosemary Wilson INVOCATION: Reverend Kevin Milcarek Back Bay Christian Assembly of God PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made apart of the record. 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 apart of the record. April 24, 2007 -19 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL (Continued) 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 apart of the record. April 24, 2007 -20 - Item V -E. CERTIFICATION OF CLOSED SESSION ITEM # 56322 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully 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: 10-0 Council Members Voting Aye.- William ye: William R. "Bill " DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel April 24, 2007 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 #56321, Page 17, and in accordance with the provisions of The Virginia Freedom of Information Ac4 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 Virginia Beach City Council. uth Hodges Fraser, MMC City Clerk April 24, 2007 Item V -F. I. MINUTES -21 - ITEM #56323 Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of April 10, 2007. Voting: 9-0 Council Members Voting Aye.- Robert ye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: h�[im Council Members Abstaining: William R. "Bill" DeSteph Council Members Absent: Harry E. Diezel Councilman DeSteph ABSTAINED as he was out of the Country on family vacation and did not attend the City Council Session of April 10, 2007. . April 24, 2007 -22 - Item V -G 1. ADOPT AGENDA FOR FORMAL SESSION ITEM 56324 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION April 24, 2007 -23 - Item 23 - Item V-K1. PUBLIC HEARING ITEM #56325 Mayor Oberndorf DECLARED A PUBLIC HEARING: LEASE OF CITY PROPERTY Pieces of Eight, LLC C.B.M. Co. TIA Schooner Inn There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING April 24, 2007 -24 - Item V -K2. PUBLIC HEARING ITEM #56326 Mayor Oberndorf DECLARED A PUBLIC HEARING. ACQUISITION OF EASEMENTS Diamond Springs Road Bridge Replacement There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING April 24, 2007 -25 - Item 25 - Item V -H.3 PUBLIC HEARING ITEM #56327 The Mayor opened the Public Hearing: "The City Council hereby declares a Public Hearing open on the matter of an effective tax rate increase on the City's real property tax. "' The following registered to speak: Steve McNulty, Executive Vice President, Towne Bank, 2101 Parks Avenue 9200, Phone: 417-6475 and Chairman -Hampton Roads Chamber of Commerce, Virginia Beach Division, spoke in SUPPORT of a 6 cent reduction in the real estate tax rate Knute Hansen, 891 Hunley Drive, Phone: 963-5101, resident adjacent to Green Run High School, spoke in OPPOSITION to any tax increase and recommended 78¢ per $100 Bob Freshwater, 4961 Fountain Hill Drive, Phone: 495-4057, OPPOSED to tax increase, recommended 78¢ per $100 Sandi Linkous, 5225 Southlake Road, Phone: 464-1947, resident of Bayside Lake Shores, advised her real estate assessment have increased 88%. H. Robert Vann, 5217 Lakeside Avenue, Phone: 963-8307, OPPOSED to any tax increase and recommended 78¢ per $100 Stewart Glasser, 700 Oriole Drive #213 A, Phone: 428-6196, represented Cove Point Condos, and submitted petition requesting reduction in the current tax rate. Said petition is hereby made apart of the record Charles Taylor, 700 Oriole Drive #412-B, Phone: 422-4911, represented Cove Point Condos Sam Reid, 1533 Virginia Beach Boulevard, Phone: 284-1067, suggested a compromise tax rate of 83¢ per $100 real estate tax. Keep the Police, Fire, EMS and Schools, the Core services, which are the best in Tidewater George Bryant, 2320 Dodd Drive, Phone: 481-3309, resident of Wolfsnare Plantation 39 years, supported the tax rate of 78¢. His taxes increased approximately 125%. Al Strazzullo, 3120 Sandpine Road, Phone: 481-0024, Lynnhaven District, expressed concern re road backlog and requested a moratorium on development in certain areas (Transition Zone, Diamond Springs, and the Bayfront area). Mr. Strazzullo was also concerned with the abundance of special revenue accounts Bob Hedrick, 1132 Blackburn Lane, Phone: 460-0136, expressed concern re assessments and individuals being taxed out of their homes Mr. Hedrick's assessment increased 55% this year and 44% last year Chandler Scarborough, 3634 South Plaza Suite 103, Phone: 621-4919, represented the Council of Civic Organizations (CCO) . Mr. Scarborough spoke in support of the 78¢ per $100 real estate tax April 24, 2007 WZ TAX RATE ON REAL PROPE TY FOR FY 2007 (REAL ESTATE TAX RATE) ITEM 56327 (Continued) Robert O'Connor, 204 52nd Street, Phone; 428-0902, representing the Citizens Action Coalition, requested relief from the burdensome real estate taxes. John McMullen, 504 Ben Hogan Drive, representing the Virginia Beach Taxpayers Alliance, requested the tax rate be lowered to 78¢ per $100, and expressed concerns re the legal ad for this Public Hearing Ray Foberg, 732 # Apris Point Drive, resident since 1971. Property owners are paying taxes on unrealized capital gains. In the past year, his home and land assessments increased $166,400. Mr. Foberg recommended a real estate tax of 75¢ per $100. Robert Denney, 520 Bushnell Drive, Phone: 437-2579, resident since 2000 came to the City to retire. His assessment increased $85, 000 this year. Luther E. Gilbert, Jr., 5669 Blackwater Road, Phone: 421-9277, spoke in support of the 78¢ per $100 real estate tax. Mr. Gilbert read a quote from Andrew Jackson. Rate of assessment will steadily climb over the years. Mr. Gilbert owns a farm in Blackwater. His assessment on his farm increased 500%. Richard A. Whorton, 5148 Allyne Road, Phone: 499-5765, resident of Kempsville, citizen for over 40 years. His house value has doubled five times with taxes increasing over 100% since the 1970's. Employees should pay their fair share of health insurance Kenneth Harris, 4495 Nanneys Creek Court, Phone: 426-3622, concerned citizen, former City employee, forced into retirement after fifteen (15) years. Taxes have increased 25%. James Morris, 2336 Rocking Chair Lane, Phone: 430-1852, resident since 1986 Mr. Morris requested the tax rate be lowered to 78¢ per $100. Mr. Morris is a resident since 1986 The assessment on his last house bought four (4) years ago has increased 125%. Donald Carter, 1529 Beachview Drive, Phone: 467-7747, former Military. Virginia Beach has excellent schools and many activities. Tax assessment has increased $125, 000 in two (2) years. Pierre Granger, 1705 Tweed Court, Phone: 479-6955, President — Brigadoon Civic League, requested the City Council find efficiencies. Richard Anderson, 2532 Broad Bay Road, Phone: 481-2552, resident for 52 years. Mr. Anderson's tax assessment increased $124,000 (37%). Robert Park, 2965 Colechester Road, Phone: 287-2164, Police Officer, expressed concern re tax assessments increasing 50%. The City's pay raises are not enough to pay for the taxes. Marlayne Castelluzzo, 5189 Stratford Chasse, Phone: 474-4346, Teacher. Ms. Castelluzzo advised the City provides increases and then takes 20% to 50% of these increases away in taxes. Jim Vesely, 2220 Crossroad Trail, Phone; 427-9179, 76 year old. Residence since 1949 in Norfolk and Princess Anne and lives on a fixed income. Over the past two (2) years, his assessment has increased over $115,000. Dale Merkey, 3108 Gallahad Drive, Phone: 721-5277, referenced correspondence to Council Lady Henley, April 9, 2007, reporting three (3) incidents involving city employee waste offunds: City workers were trimming shrubs and routine landscaping on Sundays and City employees parked and eating for an extended length of time at McDonalds. April 24, 2007 -27 - TAX RATE ON REAL PROPETY FOR FY 2007 (REAL ESTATE TAX RATE) ITEM 56327 (Continued) John D. Moss, 4109 Richardson, Phone: 363-7745, Chair - Virginia Beach Taxpayers Alliance. Mr. Moss distributed a copy of his statement, which is hereby made apart of the record. Mr. Moss expressed concern re proposed Public Hearing - Regional Transportation Authority, scheduled for May 1, 2007 Mary Goldrich, 4709 Oceanfront, Phone: 422-9196, represented the Virginia Beach Taxpayers Association, resident at the North End for 29 years. Ms. Goldrich expressed concern re her $15,000 real estate tax charge. Ms. Goldrich requested the tax rate be reduced to 78¢ per $100 with a cap on future incerases Larry Christy, 1413 Cherry Court, Phone: 412-4301, advised his assessments have increased 60% in three (3) years. Christy distributed an article re "home sales worse drop in eighteen years ". Ronald G. Ralding, 2160 East Admiral Drive, Phone; 412-4868. Mr. Ralding's taxes have increased by 50% during the past two (2) years and he is living on Social Security. Roger Dadiomoff, 3030 Sand Bend Road, Phone: 560-5115, United Airlines Pilot. Mr. Dadiomoff advised the Virginia State Real Estate Tax Code has an exclusion Part b, which states the taxes cannot be raised more than I% except by exclusion. This cannot be done every year. Michael McLean, 215 65`" Street, Phone: 425-1421, North End resident for 32 years. In the past four (4) Years, the real estate taxes have increased $10, 000 per year. David Kratochvil, 2340 Croix Drive, Phone: 618-4244, 3 year resident. The younger audience must also be considered re purchasing these homes and at the present time these homes are not affordable. Mr. Kratochvil's company does not have a pension plan, only a 401K As Mr. Kratochvil is paying property taxes, he cannot contribute to his 401K. Tom Sarach, Jr., 2917 Couples Court, Phone: 301-8436, resident for over 10 years, owns his own company. His assessment increased $217, 000 this year (36%). Petitions of the Citizens of Virginia Beach requesting a revised tax rate of no more than $0.78 per hundred dollars of assessed value for all residential real estate propertyfor the 2007-2008 tax year were presented and were made a part of the record. (THIS PUBLIC HEARING WAS CONDUCTED AFTER THE CONSENT AGENDA AND MOUNT ZION CHURCH VOTE) April 24, 2007 -28 - Item V -H.4. PUBLIC HEARING ITEM #56328 Mayor Oberndorf DECLARED A PUBLIC HEARING: CAVALIER IPTV, LLC FRANCHISE Construct or operate a cable system There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING April 24, 2007 Item V.J. ORDINANCES -29 - ITEM #56329 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION Ordinances], 2, 3, 4, 5a/b/c. and 6 alb of the CONSENT AGENDA Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James) Council Members Voting Nay: None Council Members Absent: Harry E. Diezel Item J.1. (newsracks) shall be AMENDED, BY CONSENT. Henley, Vice Mayor Oberndorf, John E. ,. Wood Councilman Uhrin ABSTAINED on Item J.2 (Schooner Inn), as he is employed by Schooner Inn, Council Lady Wilson DISCLOSED on Item J.4. (BRUCE L. THOMPSON). Her husband is a principal in the accounting firm of Goodman and Company. Bruce Thompson is a client of Goodman and Company; however, her husband does not personally provide services to him. The City Attorney has advised Council Lady Wilson is able to participate in the discussion and vote. April 24, 2007 -30 - Item V.J.1. ORDINANCES ITEM #56330 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, AS AMENDED*: Ordinance to ADD §§ 33-120 through 33-131 to the City Code re newsracks in the Resort Area. *Line 293 strike "seven (7)" and insert "ten (10)" 'failure to correct the violation within seven (7) ten 10 days.. " *Line 294: strike ""mailing" and insert "receipt" 'following the date of mailk receipt of the notice will result... " Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay.- None ay: None Council Members Absent: Harry E. Diezel April 24, 2007 1 AN ORDINANCE TO ADD SECTIONS 33-120 THROUGH 2 33-131 TO THE CITY CODE PERTAINING TO 3 NEWSRACKS IN THE RESORT AREA 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 5 BEACH, VIRGINIA: 6 7 That Sections 33-120 through 33-131 of the City Code are 8 hereby added as follows: 9 10 Article VIII. NEWSRACKS IN THE RESORT AREA 11 Section 33-120. Legislative intent and purpose 12 13 The City Council of the City of Virginia Beach hereby finds 14 and declares that: 15 16 (1) The uncontrolled placement of newsracks and 17 newspaper vending machines in public rights -of - 18 way presents an inconvenience and danger to the 19 safety and welfare of the public, including 20 pedestrians, persons entering and leaving 21 vehicles and buildings, and persons performing 22 essential utility, traffic control, and emergency 23 services; 24 25 (2) The ready availability of newspapers and other 26 publications is beneficial to the public and to 27 government, for without an informed public, 28 government cannot properly function. However, the 29 uncontrolled placement of newsracks in the public 30 rights-of-way can constitute a public nuisance; 31 32 (3) The city's economic vitality depends in large 33 measure upon its continued growth as a major 34 center of tourism and as a place in which 35 business can flourish. The resort area of the 36 city, in particular, is a unique and valuable 37 asset to the city and its citizens, inasmuch as 38 it is a major center of tourism generating 39 substantial revenue for the public benefit. The 40 continued revitalization of the resort area, and 41 especially Atlantic and Pacific Avenues, will be 42 promoted by regulating the location and 43 characteristics of newsracks. An appealing, well - 44 kept appearance is critical to the city's 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 continued ability to attract visitors and businesses; (4) Moreover, maintaining and improving the appearance of the city is vital to the well-being of the residents of the city. An attractive and harmonious community enhances the quality of life of the citv's residents; and (5) It is the intention of city council in adopting this section to carefully weigh and balance the benefits of regulating the placement and other characteristics of newsracks in public rights-of- way against the potential impacts which may result from such regulation. Section 33-121. Definitions For purposes of this article, the following words and rases shall be construed as follows: (1) City Manager shall mean the city manager or such other employee of the city as may be designated by the city manager to perform the duties prescribed in this article. (2) City of Virginia Beach or City shall mean employees or agents of the city of Virginia Beach. (3) Newsrack shall mean any self-service or coin- operated box, container, storage unit or other dispenser that rests or projects, in whole or in part, in or upon any portion of the public rights-of-way, and is installed, used or maintained for the display, sale, or distribution of newspapers or other publications. M (5) Distributor shall mean a person, firm, corporation or other entity responsible for placing or maintaining a newsrack in the public right-of-way. Resort Area shall mean that area bordered on the north by the northernmost curb line of 38th Street, on the east by the mean low water line of the Atlantic Ocean, on the south by Rudee Inlet, and on the west by the imaginary line running 2 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 north to south, fifteen (15) feet to the west of the westernmost curb line of Pacific Avenue. Section 33-122. Applicability This article applies only to newsracks located in the public rights-of-way in the resort area. Section 33-123. General prohibitions No newsrack shall be placed, installed, used or maintained in any public right-of-way in the resort area unless such placement, installation, use, or maintenance is explicitly authorized by this article and the requirements of this article. Section 33-124. Location of newsracks The city manager surveyed the resort area and determined the locations that are suitable for newsracks. The locations are set forth in appendix A. In evaluating each location, the city manager used, and shall use in the future if additional locations are required, the following general criteria: 1) effect on pedestrian, emergency services, and public transportation access on, to, and from streets and sidewalks, 2) required maintenance of public facility infrastructure; 3) vehicular safety; 4) the effect of the location, mass, and bulk of newsracks on the streetscape aesthetics of each block; 5) sidewalk width; 6) parking meter access, including access by persons with disabilities; 7) access to bicycle parking; 8) access to fire hydrants; 9) access to bus stops; 10) access to benches and trash receptacles; 11) maintenance and access to street trees, planters, and utility and signal poles; 12) access generally from the street to the sidewalk and the sidewalk to the street; 13) blocking of views at intersections, alleys, and driveways; and 14) distance from intersections and driveways and alleys. Section 33-125. Installation of newsracks The space available at each location identified in appendix A shall be available to distributors on a first-come, first served basis. Distributors may not install more than one newsrack per publication at each location identified in appendix A. 3 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 Section 33-126. General standards for newsracks (a) Each newsrack shall have permanently affixed, in a readily visible place, the current name, address, and telephone number of the distributor. (b) Each newsrack shall have a door, covering, and/or other appropriate device(s) preventing the publications therein from getting wet or flying out due to rain, wind, or similar environmental conditions. Section 33-127. Standards for installation and maintenance of newsracks In addition to the standards set forth in Section 33-18.1, newsracks shall comply with the standards set forth in this cArt1nn- (a) Newsracks shall only be placed in the resort area in the locations specifically identified in appendix A. (b) When installing a newsrack, if one or more newsracks have previously been installed in said location, a distributor shall install his/her newsrack in such a manner so that the newsrack is immediately contiguous to another newsrack previously installed in said location. (c) If any portion of a newsrack, including the door when ajar or the coin collection mechanism, is outside of the four corners of the location designated by the city manager for newsracks to be placed in the public rights-of-way, the city manager may remove the newsrack pursuant to the procedure set forth in section 33-129. (d) In the event that demand for newsrack space exceeds availability, the city manager shall consider the general criteria set forth in section 33-124 and may add additional newsrack locations. (e) No portion of any newsrack shall project into or be located in any roadway. (f) No portion of any newsrack shall be located directl in front of any display window. 2 186 187 (g) Only drop-in type anchor bolts may be used to secure 188 newsracks to the public right-of-way. 189 190 (h) Newsracks shall not be chained, bolted, or otherwise 191 attached to the private property of another, any 192 street furniture, tree, sign, or other permanently 193 fixed object. 194 195 (i) Each newsrack shall be maintained in a reasonably neat 196 and clean condition and in good repair, including: (1) 197 reasonably free of dirt, trash, debris, foreign 198 objects, graffiti, stickers, dents, and grease; (2) 199 reasonably free of chipped, faded, peeling, and 200 cracked paint in any visible painted areas; (3) 201 reasonably free of rust and corrosion in any visible 202 unpainted metal areas; (4) any clear parts through 203 which publications are visible shall be unbroken and 204 reasonably free of cracks, scratches, dents, 205 blemished, and discoloration; (5) any paper or 206 cardboard parts or inserts shall be reasonably free of 207 tears, peeling, or fading; and (6) no structural 208 components shall be broken or unduly misshapen. 209 210 Section 33-128 Standards for removal of newsracks by distributors 211 212 Upon removal of any newsrack, the distributor shall 213 eliminate any potential hazards to the public, such as bolts, 214 brackets, or holes, and shall restore any disturbed area in the 215 public right-of-way to the same or reasonably similar condition 216 as any adjoining public right-of-way by removing any 217 protrusions, cleaning the cavity of debris, filling the cavity 218 with high strength epoxy or grout to meet the elevation of the 219 adjoining public right-of-way, and avoiding potential 220 depressions by taking into account shrinkage and settlement of 221 new materials. The public right-of-way shall be level and free 222 of protrusions or depressions. The distributor shall match as 223 close as reasonably possible the color, texture, and material of 224 any adjoining public right-of-way. 225 226 Section 33-129 Removal of newsracks by city manager 227 228 (a) If the city manger determines (1) a newsrack has been 229 installed or maintained in violation of the provisions of 230 this article, or section 33-18.1; (2) the condition or 231 placement of a newsrack poses a threat to the health, 232 safety, or welfare of pedestrians or wheelchair users, or 61 233 the safe flow of vehicles; or (3) that the identification 234 of a distributor, publisher or other party responsible 235 for a newsrack in not readily identifiable or affixed to 236 the newsrack, the newsrack may be removed by the city 237 manager and stored in temporary custody, subject to the 238 notice requirements set forth below. 239 240 (b) Prior to removing a newsrack, the city manager shall 241 provide the distributor with a notice to correct the 242 violation. Such notice shall be deemed to constitute 243 sufficient notice of a violation if it is properly 244 addressed and mailed to the distributor by certified 245 mail, return receipt requested, at the address set forth 246 on the newsrack. The notice shall specifically describe 247 the violation and set forth the action(s) necessary to 248 correct the violation The notice shall also specify that 249 failure to correct the violation within ten (10) days 250 following the date of receipt of the notice will result 251 in the removal of the newsrack by the city manager and 252 its storage in temporary custody. The notice shall advise 253 the distributor as to the location of the newsrack and 254 the procedure for claiming same. 255 256 (c) Notwithstanding the provisions of subsection (b), if any 257 newsrack (i) has been installed, used or maintained in 258 violation of the provisions of this article and (ii) does 259 not display the name and address of the distributor, 260 notice of violation shall be sufficient by posting such 261 notice on the newsrack. Failure to correct the violation 262 within seven (7) days following the date of posting will 263 result in removal and storage of the newsrack as set 264 forth in subsection (b). 265 266 (d) Any distributor, person, or other entity who claims to be 267 aggrieved by a finding, determination, notice or action 268 taken under the provisions of this section may appeal to 269 the city manager. An appeal shall be perfected within 270 three (3) days after receipt of a notice of violation or 271 other action by filing with the office of the city 272 manager a letter of appeal stating the basis for such 273 appeal. The city manager shall schedule a hearing of such 274 appeal on a date not later than ten (10) days after the 275 filing of the appeal; provided, however, that such 276 hearing may, at the discretion of the city manager, be 277 rescheduled for good cause shown. The city manager shall 278 take no action during the pendency of an appeal. Failure 279 to correct a violation of this section within seven (7) 101 280 days following (i) the expiration of the time for noting 281 an appeal or (ii) the denial of an appeal, shall result 282 in the removal and storage of the newsrack or newspaper 283 vending machine. 284 285 (e) Any newsrack removed pursuant to this section must be 286 claimed by the distributor within thirty (30) days of 287 such removal. Additionally, any distributor of any 288 newsrack removed and stored pursuant to this subsection 289 may be charged a reasonable fee for such removal, 290 restoring any part of the public right-of-way, and 291 storage. If the distributor fails to claim the newsrack 292 or refuses to pay storage, removal, or restoration costs, 293 the city manager may dispose of same. Any proceeds or 294 monies from the disposal of a newsrack shall be forwarded 295 to the city treasurer for deposit into the general fund 296 of the city. 297 298 Section 33-130. Severability. 299 300 If any provision of this article or the application thereof 301 to any person or circumstance is held invalid, the invalidity 302 shall not affect the other provisions or application of this 303 article which can be given effect without the invalid provision 304 or application, and to this end the provisions of this article 305 are severable. 306 307 Section 33-131. Sunset Provision. 308 309 This section shall expire on May 1, 2009. 310 311 Adopted by the Council of the City of Virginia Beach, 312 Virginia, on the 24th day of April, 2007. 7 APPENDIX A Newspaper Box Locations 1. Northeast corner of 2nd St and Atlantic Ave beginning approximately 10 ft east of the east curb of Atlantic Ave extending east 20 ft and 12 ft north of the north curb of 2nd St. 2. Southeast corner of 3rd St and Atlantic Ave beginning approximately 10 ft east of the east curb of Atlantic Ave and extending 15 ft east on the south edge of connector park. 3. Southeast corner of 4th St and Atlantic Ave beginning approximately 18 ft east of the east curb of Atlantic Ave extending south 11 ft and 10 ft south of the 4th St access entrance. 4. Southeast corner of Atlantic Ave and 5th St beginning approximately 17 ft east of the east curb of Atlantic Ave extending east 20ft and 7 ft south of the south curb of 5th St. 5. West side of Atlantic Ave beginning approximately 44 ft north of the northwest corner of 5th St and Atlantic Ave extending north 34 ft and 2 ft west of the west curb of Atlantic Ave. 6. Northeast corner of 6th St and Atlantic Ave beginning approximately 10 ft east from the east curb of Atlantic Ave extending east 20 ft and against the north edge of the connector park. 7. Westside of Atlantic Ave beginning approximately 27 ft south of the southwest corner of 7th St and Atlantic Ave extending south 17 ft from 7th St and 2 ft west of the west curb of Atlantic Ave. 8. Southeast corner of 7th St and Atlantic Ave beginning approximately 20 ft east from the Atlantic Ave curb extending east 20 ft and 10 ft south of 7th St access. 9. West side of Atlantic Ave beginning approximately 107 ft north of the northwest corner of 8th St and Atlantic Ave extending north 20 ft and 2 ft west of the west curb of Atlantic Ave. 10. West side of Atlantic Ave beginning approximately 44 ft north of the northwest corner of 91h St and Atlantic Ave extending north 20 ft. and 2 ft west of the west curb of Atlantic Ave. 11. West side of Atlantic Ave beginning approximately 77 ft north of the northwest corner of 10th St and Atlantic Ave extending north 20 f and 2 ft west of the west curb of Atlantic Ave. 12. West side of Atlantic Ave beginning approximately 35 ft north of the northwest corner of 11th St and Atlantic Ave extending north 30 ft and 2 ft west of the west curb of Atlantic Ave. 13. West side of Atlantic Ave beginning approximately 150 ft north of the northwest corner of 12th St and Atlantic Ave. extending north 31 ft and 2 ft west of the west curb of Atlantic Ave. 14. Northeast corner of 13th St and Atlantic Ave beginning approximately 10 ft east of the Atlantic Ave curb line extending north 12 ft and north side of the connector park access. 15. West side of Atlantic Ave beginning approximately 42 ft north of the northwest corner of 14th St and Atlantic Ave extending north 25 ft and 2 ft west of the west curb of Atlantic Ave. 16. East side of Atlantic Ave beginning approximately 27 ft south of the southeast corner of 15`h St and Atlantic Ave extending south 20 ft and 10 ft east of the east curb of Atlantic Ave. 17. West side of Atlantic Ave beginning approximately 172 ft north of the northwest corner of 15`h St and Atlantic Ave extending north 32 ft and 2 ft west of the west curb of Atlantic Ave. 18. West side of Atlantic Ave beginning approximately 124 ft south of the southwest corner of 17`h St and Atlantic Ave extending south 18 ft and 2 ft west of the west curb of Atlantic Ave. 19. 17`h St and the boardwalk in an 8 ft area directly behind the Virginia Beach Visitors Center Information Booth. 20. Southwest corner of 17`h St and Atlantic Ave beginning approximately 25 ft west of the Atlantic Ave curb extending west 37 ft and 2 ft south of the 17`h St curb. 21. Northeast corner of 17`h St and Atlantic Ave beginning approximately 13 ft east of the Atlantic Ave curb extending east 27 ft and 20 ft north of the north curb entrance to the Dairy Queen. 22. Southeast corner of 18`h St and Atlantic Ave beginning approximately 19 ft east of the Atlantic Ave curb extending east 20 ft and 7 ft south of the 18`h St curb. 23. Southwest corner of 19`h St and Atlantic Ave beginning approximately 36 ft west of the Atlantic Ave curb extending west 32 ft and 14 ft south of the 19`h St curb. 24. Northeast corner of 201h St and Atlantic Ave beginning approximately 11 ft east of the Atlantic Ave curb extending east 20 ft and against the north side of the connector park. 25. Northeast corner of 21 st St and Atlantic Ave beginning approximately 50 ft north of the northcurb entrance to the Holiday Inn extending north 25 ft and 2 ft east of the Atlantic Ave curb. 26. Northwest corner of 21 st St and Atlantic Ave beginning approximately 31 ft west of the Atlantic Ave curb extending west 32 ft and 2 ft north of the 21 st St curb. 27. Southwest corner of 22"d St and Atlantic Ave beginning approximately 39 ft west of the Atlantic Ave curb extending east 2211 and 20 ft south of the 22nd St curb. 28. Northwest corner of 22"d St and Atlantic Ave beginning approximately 10 ft east of the east curb extending north 18 ft and at the northern most edge of the connector park. 29. Northeast corner of 24`h and Atlantic Ave in a 12 ft area directly east of the Virginia Beach Visitor Center Information Booth and west of the public restroom facility building. 30. Southeast corner of 25th St and Atlantic Ave beginning approximately 19 ft east of the Atlantic Ave curb extending south 15 ft and 3 ft south of the 25th St connector park. 31. Southwest corner of 25`h Stand Atlantic Ave beginning approximately 33 ft west of the Atlantic Ave curb extending west 23 ft and 2 ft south of the 25`h St curb. 32. East side of Atlantic Ave beginning approximately 152 ft north of the northeast corner of 25`h St and Atlantic Ave extending north 29 ft and 2 ft east of the east curb of Atlantic Ave. 33. Southeast corner of 27th St and Atlantic Ave beginning approximately 12 ft east of the Atlantic Ave curb extending east 20 ft and against the south edge of the connector park. 34. Northwest corner of 27th St and Atlantic Ave a beginning approximately 10 ft west of the Atlantic Ave curb extending west 16 ft and 12 ft north of the 27th St curb. 35. Northeast corner of 28th St and Atlantic Ave beginning approximately 9 ft east of the Atlantic Ave curb extending east 14 ft and 9 ft north of the 28th St curb. 36. Southeast corner of 291h St and Atlantic Ave beginning approximately 12 ft east of the Atlantic Ave curb extending east 20 ft and adjacent to the south edge of the connector park. 37. Southwest corner of 30th St and Atlantic Ave beginning approximately 25 ft south of the 30th St curb extending south 39 ft and 2 ft west of the Atlantic Ave curb. 38. East side of Atlantic Ave beginning approximately 122 ft north of the northeast corner of 31th St and Atlantic Ave and 15 ft east of the Atlantic Ave curb extending east 40 ft. This area is on the north edge of the 31 st St Park and north of the stage. 39. Southeast corner of 33rd St and Atlantic Ave beginning approximately 18 ft east of the Atlantic Ave curb extending east 20 ft and 9 ft south of the 33rd St curb. 40. West side of Atlantic Ave beginning approximately 80 ft north of the northwest corner of 33rd St and Atlantic Ave extending north 20 ft and 2 ft west of the west curb of Atlantic Ave. 41. West side of Atlantic Ave beginning approximately 118 ft north of the northwest corner of 34th St and Atlantic Ave. extending north 43 ft and 2 ft west of the west curb of Atlantic Ave. 42. West side of Atlantic Ave beginning approximately 40 ft north of the northwest corner of 35th St and Atlantic Ave. extending north 11 ft and 2 ft west of the west curb of Atlantic Ave. 43. West side of Atlantic Ave beginning approximately 20 ft north of the northwest corner of 36th St and Atlantic Ave extending north 20 ft and 10 ft west of the west curb of Atlantic Ave. 44. Southeast corner of 37th St and Atlantic Ave beginning approximately 15 ft east of the Atlantic Ave curb extending east 10 ft and against south edge of connector park. 45. West side of Atlantic Ave beginning approximately 195 ft north of the northwest corner of 37th St and Atlantic Ave extending north 13 ft. and 2 ft west of the west curb of Atlantic Ave. 46. East side of Atlantic Ave beginning approximately 29 ft south of the southeast corner of 39th St and Atlantic Ave extending south 25 ft and 9 ft east of the east curb of Atlantic Ave. 47. West side of Atlantic Ave beginning approximately 77 ft south of the southwest corner of 40th St and Atlantic Ave extending south 22 ft and 2 ft west of the west curb of Atlantic Ave. 48. Northwest corner of 19th St and Pacific Ave beginning approximately 12 ft west of the Pacific Ave extending west 11 ft and 16 ft north of the 19th St curb. 49. Southwest corner of 201h St and Pacific Ave beginning approximately 10 ft west of the Pacific Ave extending west 14 ft and 9 ft south of the 20th St curb. 50. Southwest corner of 25th St and Pacific Ave beginning approximately 20 ft west of the 25th St curb extending south 11 ft and 12 ft west of the Pacific Ave curb. 5 Pilmjhj� 'N'U J MI! Item V J.2. ORDINANCES ITEM #56331 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AUTHORIZE the City Manager to execute a Lease for less than five (5) years with Pieces of Eight, LLC and C.B.M. Co. TIA Schooner Inn for City -owned property at 2nd Street and Atlantic Avenue for their Pirate Cruise tourist attraction and overflow parking for registered guests of the Schooner Inn. Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Councilman Members Abstaining: John E. Uhrin Council Members Absent: Harry E. Dieael Councilman Uhrin ABSTAINED, as he is employed by Schooner Inn. April 24, 2007 I AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR 3 LESS THAN FIVE YEARS WITH PIECES 4 OF EIGHT, LLC AND C.B.M. CO. T/A 5 SCHOONER INN FOR 0.34 ACRE OF CITY 6 OWNED LAND LOCATED AT THE 7 INTERSECTION OF 2ND STREET AND 8 ATLANTIC AVENUE. 9 10 WHEREAS, the City of Virginia Beach ("the City") is the 11 owner of that certain parcel of land located on the northeast 12 corner of 2nd Street and Atlantic Avenue; 13 14 WHEREAS, Pieces of Eight, LLC and C.B.M. Co T/A Schooner 15 Inn would like to enter into a formal lease arrangement with the 16 City for the Premises shown on Attachment A; 17 18 WHEREAS, Pieces of Eight, LLC and C.B.M. Co. T/A Schooner 19 Inn have agreed to pay the City $27,000.00 for the use of the 20 Premises for a twelve month period; 21 22 WHEREAS, the Premises will be utilized as a parking lot for 23 the customers of Pieces of Eight Pirate Cruise and for overflow 24 parking for guests of the Schooner Inn, and for no other 25 purpose; 26 27 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 30 That the City Manager is hereby authorized to execute a 31 lease for the term of less than five years between Pieces of 32 Eight, LLC and C.B.M. Co T/A Schooner Inn, jointly and 33 severally, and the City, for the Premises in accordance with the 34 Summary of Terms attached hereto and such other terms, 35 conditions or modifications as may be satisfactory to the City 36 Attorney and the City Manager. 37 Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day of April , 2007. CA10296 R-1 V:\applications\citylawprod\cycom32\Wpdocs\D009\P002\00031200.DOC 4/11/2007 APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFF;,CIENCY AND FORM f re Signatur �i�/ L�'��l i �✓-C �S Depa tment SUMMARY OF TERMS LEASE FOR THE USE OF .34 ACRE OF CITY REAL PROPERTY LESSOR: City of Virginia Beach LESSEE: Pieces of Eight, LLC and C.B.M. Co. t/a Schooner Inn PREMISES: Approximately .34 acre of City property located at 2nd Street and Atlantic Avenue IMPROVEMENT COSTS: Lessee shall make improvements to the Premises in an amount not to exceed $20,000 INITIAL TERM: May 1, 2007 through April 30, 2008 RENEWAL OPTIONS: Four one-year mutual renewal options. If the City does not approve a Renewal Option, City shall pay Lessee a pro -rata portion of the Improvement Costs based on the number of years remaining in the five-year period that includes the Initial Term and the Renewal Options. RENT: Rent shall be $27,000, payable in equal monthly installments of $2,250.00. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Will use the Premises for parking for its guests and for no other purpose. • Will keep, repair, and maintain the Premises at its expense and will do so in a workmanlike manner. • Will maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence. • Will assume the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. RIGHTS AND RESPONSIBILITIES OF THE CITY: • Will have access to the premises at any time, without prior notice, in the event of an emergency. • Will have the right to require Schooner Inn to surrender possession and control of the Premises to the City upon forty-eight (48) hours notice in the discharge of its powers, purposes, or responsibilities. • Will have the right to grant easements and rights of way across the Premises for streets, alleys, public highways, drainage, and other similar purposes. TERMINATION: The City may terminate the Lease upon providing ninety (90) days written notice to Lessee, provided that City pays Lessee a pro -rata portion of the Improvement Costs based on the length of time remaining in the five-year period that includes the Initial Term and the Renewal Options. EXHIBIT "A" nV r&-ncFn T[1 PTFrP.S OF EIGHT BY THE CITY OF VIRGINIA BEACH" -32 - Item V J.3. ORDINANCES ITEM #56332 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED Ordinance to AUTHORIZE the acquisition of permanent and temporary easements either by agreement or condemnation, for Diamond Springs Road Bridge replacement project to improve transportation within the City; and, AUTHORIZE City Manager to make a reasonable offer to the owners or persons having an interest in said property. DISTRICT 4 - BAYSIDE Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: V007174; Council Members Absent: Harry E. Diezel April 24, 2007 I AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PERMANENT AND 3 TEMPORARY EASEMENTS, EITHER BY 4 AGREEMENT OR CONDEMNATION, FOR 5 DIAMOND SPRINGS ROAD BRIDGE 6 REPLACEMENT PROJECT (CIP 2-083) 7 8 WHEREAS, in the opinion of the Council of the City of Virginia 9 Beach, Virginia, a public necessity exists for the construction of 10 this important roadway project to improve transportation within the 11 City and for other related public purposes for the preservation of 12 the safety, health, peace, good order, comfort, convenience, and 13 for the welfare of the people in the City of Virginia Beach. 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 18 Section 1. That the City Council authorizes the acquisition 19 by purchase or condemnation pursuant to Sections 15.2-1901, et 20 seq., Sections 33.1-89, et seq., and Title 25.1 of the Code of 21 Virginia of 1950, as amended, of all that certain real property to 22 include permanent and temporary easements (the "Property"), as 23 shown on the plans entitled "DIAMOND SPRINGS ROAD BRIDGE 24 REPLACEMENT PROJECT, CIP 2-083" (the "Project") and more 25 specifically described on the acquisition plats for the Project 26 (plats and plans collectively referred to as the "Plans"), the 27 Plans being on file in the Engineering Division, Department of 28 Public Works, City of Virginia Beach, Virginia. 29 30 Section 2. That the City Manager is hereby authorized to make 31 or cause to be made on behalf of the City of Virginia Beach, to the 32 extent that funds are available, a reasonable offer to the owners 33 or persons having an interest in said Property. If refused, the 34 City Attorney is hereby authorized to institute proceedings to 35 condemn said Property. 36 37 Adopted by the Council of the City of Virginia Beach, 2 38 Virginia, on the dayof A ril 2007. CA10298 R-1 V Vtpplic,itiotis%citylawprodAcycom32AWpdocsVD019AP002A00030092-DOC PREPARED: 4/10/07 PROVED AS TO CONTENTS i(� ITI�s C . SGS SZONA_TURE DEPARTMENT APPROVED AS TO LEGAL S ICIEN � ORM CI AT NEY -33 - Item V J.4. ORDINANCES ITEM #56333 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AUTHORIZE a temporary encroachment into a portion of City property, known as Lake Wesley, for BRUCE L. THOMPSON at the rear of 456 Southside Road, to construct and maintain a fixed pier, gangway, float, mooring piles, vertical boat lift and to maintain existing piles, portions of an existing deck, brick patio, bulkhead and riprap. DISTRICT 6 — BEACH The following conditions shall be required: 1. The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval. 2. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 3. The applicant shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the temporary encroachment. 4. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 6. The applicant must obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional insured or loss payee, as applicable. The applicant agrees to carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500, 000) combined single limits of such insurance policy or policies. The applicant will provide endorsements providing at least thirty (30) days' written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location and/or existence of the temporary encroachment. April 24, 2007 -34 - Item V.J.3. ORDINANCES ITEM #56333 (Continued) 7. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were occupied by the applicant; and if such removal shall not be made within the time ordered herein above, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel Council Lady Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company. Bruce Thompson is a client of Goodman and Company; however, her husband does not personally provide services to him. The City Attorney has advised Council Lady Wilson is able to participate in the discussion and vote. April 24, 2007 I Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY PROPERTY 6 KNOWN AS LAKE WESLEY LOCATED 7 AT THE REAR OF 456 SOUTHSIDE 8 ROAD, FOR PROPERTY OWNER 9 BRUCE L. THOMPSON 10 11 WHEREAS, Bruce L. Thompson desires to construct and 12 maintain a fixed pier, gangway, float, mooring piles, vertical 13 boat lift, and to maintain existing piles, a portion of an 14 existing deck, a portion of an existing brick patio, a portion 15 of an existing bulkhead and a portion of existing riprap in a 16 portion of the City's property located at the rear of 456 17 Southside Road, in the City of Virginia Beach, Virginia. 18 19 WHEREAS, City Council is authorized pursuant to §§ 15.2- 20 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 21 authorize temporary encroachments upon the City's property 22 subject to such terms and conditions as Council may prescribe. 23 24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 That pursuant to the authority and to the extent thereof 27 contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, 28 as amended, Bruce L. Thompson, his heirs, assigns and successors 29 in title are authorized to construct and maintain the temporary 30 encroachments for a fixed pier, gangway, float, mooring piles, 31 vertical boat lift, and to maintain existing piles, a portion of 32 an existing deck, a portion of an existing brick patio, a 33 portion of an existing bulkhead, and a portion of existing 34 riprap in a portion of the City's property as shown on the map 35 marked Exhibit "A" and entitled: "EXHIBIT `A' - ENCROACHMENT 36 REQUEST FOR BRUCE L. THOMPSON E 1,i� OF LOT B 12 & LOT B 13, RUDEE 37 HEIGHTS," a copy of which is on file in the Department of Public 38 Works and to which reference is made for a more particular 39 description; and 40 41 BE IT FURTHER ORDAINED, that the temporary encroachments 42 are expressly subject to those terms, conditions and criteria 43 contained in the Agreement between the City of Virginia Beach 44 and Bruce L. Thompson (the `Agreement"), which is attached 45 hereto and incorporated by reference; and 46 BE IT FURTHER ORDAINED, that the City Manager or his 47 authorized designee is hereby authorized to execute the 48 Agreement; and 49 50 BE IT FURTHER ORDAINED, that this Ordinance shall not be in 51 effect until such time as Bruce L. Thompson and the City Manager 52 or his authorized designee execute the Agreement. 53 54 Adopted by the Council of the City of Virginia Beach, 55 Virginia, on the 24th_ day of Apra, 2007. CA -10176 X:\OID\REAL ESTATE\Encroachments\PW Ordinances\CA101'/6 Thompson Ordinance.doc V:\applications\ci tylawprod\cycom32\Wpdocs\D027\P002\00030600.DOC R-1 PREPARED: 3/28/07 APPROVED AS TO CONTENTS Qifiws 0.44scl\ P LIC WORKS, REAL ESTATE APPROVED AS TO LEGAL UFFICIENCY AND FORM CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this,.) day of , 2007, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and BRUCE L. THOMPSON, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot B-13 and the Eastern one-half of Lot B-12" as shown on that certain plat entitled: "REPLAT OF RUDEE HEIGHTS PRINCESS ANNE CO., VA. Scale — I" = 100' December 1950" and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 26, at page 57, and being further designated, known, and described as 456 Southside Road, Virginia Beach, VA 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a fixed pier, gangway, float, mooring piles, vertical boat lift, and to maintain existing piles, a portion of an existing deck, a portion of an existing brick patio, a portion of an existing bulkhead, and a portion of existing riprap collectively, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Wesley the "Encroachment Area"; and GPIN : 2427-20-3682-0000 WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "EXHIBIT `A' —ENCROACHMENT REQUEST FOR BRUCE L. THOMPSON E '/2 OF LOT B 12 & B 13, RUDEE HEIGHTS" dated December 19, 2006, a copy of which is attached hereto as Exhibit `A' and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the 2 P.M Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. 3 It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Bruce L. Thompson, the said Grantee, has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and (THE REMAINEDR OF THIS PAGE WAS LEFT INTENTIONALLY BLANK) 0 (SEAL) ATTEST: City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: CITY OF VIRGINIA BEACH LOW City Manager/Authorized Designee of the City Manager The foregoing instrument was acknowledged before me this day of 2007, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this _ day of 2007, by RUTH HODGES FRASER, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF VIPGINIA, CITYXOUPnYOFto-wit: The foregoing instrument was acknowledged before me this - =� day of 2007, by Bruce L. Thompson. Notary Public My Commission Expires: APPROVED AS TO CONTENTS 4GNATURE F'11) , DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM G:\USERS\SHARED\WP80\RE\Rea1 Estate Forms\WORD DOCSNENCROACHMENTS\ENCROACHMENT.AGREEMENT.doc Ell PROPOSED MOORING PILES co /7' 00 PROPOSED rG 35k LB. VERTICAL BOAT LIFT MLW co B 14 Q 0. W -00 v � O 04 Lq Z N z z O W z � rn v - PIN R 4 6PIN -5� 00. DECK 2427-20-3682-0000 (D.B. 3961 P. 978) EXISTING PROPOSED MOORING PILES 130'+ FROM s PILES WEST EDGE OF COMPUTED CITY CHANNEL. t PROPOSED 0 ° FLOAT 54' LAKE WESLEY ou -a-- E B B� PROPOSED FLOOD -- GANGWAY LEGEND: REMOVE EXISTING FIXED PIER AND GANGWAY PROPOSED FIXED PIER BRK. PATIO �- I I POOL I �I F-' 0 l.� 2 STY. BR. # 456 C)I+► m EX. BULKHEAD REAR FL AS SCALED FROM FROM M.B. 26, PG. 57A REMAINDER OF LOT B 12 u. N/F BRUCE THOMPSON LO I C) C) RICHARD T. BARTLETT D No. 18335 ,It Z -o � z `7 r �N.',./P N A L. _ b%�,% 27.15"(F) 609.99' TO GEN. BOOTH BLVD. 27.26'(p) (RUDEE BLVD. - PLAT) R,219. L=86 961 PIN N40'26'E PIN SOUTHSIDE ROAD (50' R/W) SCALE 1" = 30' WATERFRONT EXH16►T 'A' - ENCROACHMENT REQUEST FOR CONSULTING, INC BRUCE L. THOMPSON 1112 JENSEN DRIVE, STE. 206 E 112 OF LOT B 12 & LOT B 13, RUDEE HEIGHTS VIRGINIA BEACH, VA 23451 PHONE/FAX: (757) 425-8244 BEACH DISTRICT VIRGINIA BEACH, VA (M. B. 26 PG. 57) DATE: DEC. 19, 2006 -35 - Item V.J.5. ORDINANCES ITEM #56334 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinances to ACCEPT and APPROPRIATE. - a. $1,965,315 in various U.S. Department of Housing and Urban Development (HUD) Federal Section 8 Voucher Revenues and TRANSFER $12,835 from the Community Development Site Acquisition to the Department of Housing and Neighborhood Preservation's FY 2006-2007 operating budget re rental housing b. $34, 842 from the State Compensation Board to the Commonwealth's Attorney's FY 2006-07 operating budget re the purchase of office equipment C. $20, 000 from the Virginia Beach Parks and Recreation Foundation to the Community Recreation Center Repairs and Renovations — Phase II, re constructing a preschool playground, with revenue from local sources increased accordingly, to be used by the Pre -School Buddies program d. ACCEPT donation of a thermal imager, valued at $11,850, from the Commercial Equipment Direct Assistance program (CEDAP) to the Police Department in their homeland security mission Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: r= Council Members Absent: Harry E. Diezel April 24, 2007 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $1,965,315 IN VARIOUS U.S. DEPARTMENT OF 3 HOUSING AND URBAN DEVELOPMENT FEDERAL SECTION 4 8 VOUCHER REVENUES, AND TRANSFER $12,835 FROM 5 CIP #2-217, COMMUNITY DEVELOPMENT SITE 6 ACQUISITION, TO THE DEPARTMENT OF HOUSING AND 7 NEIGHBORHOOD PRESERVATION'S FY 2006-07 8 OPERATING BUDGET 9 10 WHEREAS, the U.S. Department of Housing and Urban Development 11 (HUD) has awarded the Department of Housing and Neighborhood 12 Preservation additional Federal Section 8/Housing Choice Voucher 13 and Section 8/Moderate Rehabilitation Voucher Program funding for 14 rental assistance for qualifying residents; and 15 16 WHEREAS, a transfer of existing Federal Community Development 17 Block Grant (CDBG) funding from the Capital Improvement Program is 18 needed to align funding with the needs of the community. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 1. That $1,945,645 is hereby accepted from the HUD Federal 24 Section 8/Housing Choice Voucher Program and appropriated to the 25 Department of Housing and Neighborhood Preservation's FY 2006-07 26 Operating Budget to fund rental subsidies for qualifying residents, 27 with estimated federal revenue increased accordingly. 28 29 2. That $19,760 is hereby accepted from the HUD Federal 30 Section 8/Moderate Rehabilitation Voucher Program and appropriated 31 to the Department of Housing and Neighborhood Preservation's FY 32 2006-07 Operating Budget to fund moderate rehabilitation rental 33 subsidies for qualifying residents, with estimated federal revenue 34 increased accordingly. 35 36 3. That $12,835 of CDBG funding is hereby transferred from 37 Capital Project #2-217, Community Development Site Acquisition, to 38 the Department of Housing and Neighborhood Preservation's FY 2006- 39 07 Operating Budget to assist homeowners with housing 40 rehabilitation. 41 42 Adopted by the Council of the City of Virginia Beach, 43 Virginia, on the 24th day of mil , 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1 ' AManagejen7tqSe2rv/i-5cAes"--City Attor y's Office CA10370 V:\applications\citylawprod\cycom32\Wpdocs\DO11\PO01\00031321.DOC R-2 April 12, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AN ORDINANCE TO ACCEPT AND APPROPRIATE $34,842 FROM THE STATE COMPENSATION BOARD TO THE FY 2006-07 OPERATING BUDGET OF THE COMMONWEALTH'S ATTORNEY'S OFFICE TO PURCHASE OFFICE EQUIPMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $34,842 is hereby accepted and appropriated to the FY 2006-07 Operating Budget of the Commonwealth's Attorney's Office to purchase office equipment, with revenue from the commonwealth increased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day of April 2007. APPROVED AS TO CONTENT: Aanagem nt4�erv�iices APPROVED AS TO LEGAL SUFFICIENCY: ,!�— City Attor ey's Office CA10367 V:\applications\citylawprod\cycom32\Wpdocs\DO10\PO02\00031264.DOC R-2 April 12, 2007 '11Ywwou, Cindy" To "SCB Staff' <scbstaff r@scb.virginia.gov> 4dndy.w8&WI09c b.virginia. cc is 90' 12/21/2006 44.19 PM bee Subject Additional Compensation Board Funding - FY20(?6 Reappropriations December 21, 2005 EMAIL. MEMORANDUM TO: Commonwealth's Attorneys FROM: Bruce W. Haynes Executive Secretary SUB3ECT: Additional Compensation Board Funding - FY2006 Reappropriations I am pleased to report that the Compensation Boar�,s request to A total of $450,000 sravaitable fa05 year --end General Fund balance has been appoved on imexpenses. While the intent of this approval is to fund your FY07 equipment needs, on^ tirrte, non -recur in costs in your office for you may also request funding to address FY07. Equipment funding approvals can be requested under the following scenarios: • If you wish to purchase equipment in FY07 and your locality ggLggs to fund the difference between the actual cost and the Compensation Board's reimbursable amount (using the fiscal stress factor), submit a mid -yea get amendment (docket) request to the Compensation Board at http�Lwww scb virginia govicbdockgtl,cfm no later t an Monday February 12 2007 If your locality has purchased equipment since July 1. 2006for your (ro0of funding for an you have not received reimbursement, you may seek approval the Compensation Board's reimbursable amount (using the fiscal stress factor) by submitting a mid -year budget amendment (docket) request to the Compensation Board at ,iUWIZwww scb virctinla c�ovlcbdocketl cfm no later than Monday Fe ruary 12 007._ Funding requests for one-time, non-recurring costs in FY07 must be satisfactorily justified and documented. You may seek approval of funding for these expenses by submitting a mid -year budget amendment (docket) request to the Compensation Board at 2007. httD:!/www scb virclinia.aov/_ cbdocketl.cfm no later than Monday February 12 Requests will be reviewed and submitted to the Compensation Board for approval at its February 21, 2007 Board meeting and if approved, you will need to expend the funds in time to request reimbursement no later than the May 2007 oavrofl reimkursement re Should you have any questions or need assistance, please contact Paige Christy at (804) 225-3442, or via email at a chri t scb.vir inia. ov. .A . I 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $20,000 2 FROM THE VIRGINIA BEACH PARKS AND RECREATION 3 FOUNDATION TO CIP PROJECT #4-013, COMMUNITY 4 RECREATION CENTER REPAIRS AND RENOVATIONS - 5 PHASE II, TO BUILD A PLAYGROUND FOR USE BY THE 6 PRE-SCHOOL BUDDIES PROGRAM 7 8 WHEREAS, the Virginia Beach Parks and Recreation Foundation is 9 partnering with the City to construct a playground adjacent to the 10 Kempsville Community Recreation Center for use by the Pre -School 11 Buddies Program. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 That $20,000 is hereby accepted from the Virginia Beach Parks 17 and Recreation Foundation and appropriated to CIP Project # 4-013, 18 Community Recreation Centers Repairs and Renovations - Phase II, 19 for the purposes of constructing a preschool playground, with 20 revenue from local sources increased accordingly. 21 22 Adopted by the Council of the City of Virginia Beach, 23 Virginia, on the 24th day of Apr; , 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Z. 72 2 Z"31 !/" - anagem nt Pervices City Attor y's Office CA10368 V:\applications\citylawprod\cycom32\Wpdocs\DO10\PO02\00031267.DOC R-2 April 12, 2007 1 AN ORDINANCE TO ACCEPT A DONATION OF A THERMAL 2 IMAGER FROM THE COMMERCIAL EQUIPMENT DIRECT 3 ASSISTANCE PROGRAM TO THE POLICE DEPARTMENT 4 5 WHEREAS, the Department of Homeland Security has awarded the 6 City a thermal imager for use by the Police Department in their 7 homeland security mission. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 That a thermal imager valued at approximately $11,850 is 13 hereby accepted from the Department of Homeland Security's 14 Commercial Equipment Direct Assistance Program. 15 16 Adopted by the Council of the City of Virginia Beach, 17 Virginia, on the 24th day of April 2007. 18 19 20 Requires an affirmative vote by a majority of the members of 21 the City Council. APPROVED AS TO CONTENT: S Managem 4tSeryices APPROVED AS TO LEGAL SUFFICIENCY: City Attor y's Office CA10371 V:\applications\citylawprod\cycom32\Wpdocs\D011\P001\00031331.DOC R-2 April 12, 2007 UIlicr of (.;rants and Training I)irecrorarw for Prepif cdnwss H.S I)rpai lrncnl 11onw and Sec'urily Washington, DC 1-0511 ��cs�i1ti, Homeland ;� G'U Security SCC. March 27, 2007 Chief Alfred Jacocks City of Virginia Beach 2401 Courthouse Drive Municipal Center, Building i Virginia Beach, Virginia 23456-9117 Dear Chief Jacocks, On behalf of the Department of Homeland Security's (DHS) Office of'Grants and "braining (G&T), l am pleased to inform you that your application submitted under the fiscal year (FY) 2006 Commercial Equipment Direct Assistance Program (CEDAP) has been approved. Through CEDAP, your agency will receive the TACSIGHT SI Thermal Imager fbr Law Enforcement. CEDAP provides emergency response agencies with the equipment and technologry they need to fulfill their homeland security mission. It is an important component of a larger, coordinated effort to strengthen our Nation's overall preparedness baseline. CEDAP's primary incus is to enhance regional response capabilities, mutual aid, and interoperable communications in jurisdictions ineligible to receive assistance under the DMS Urban Areas Security Initiative (UASI). G&T administers CEDAP in coordination with the U.S. Army Electronic Proving Ground (EPG) at Ft. I luachuca, Arizona, which serves as our technical agent. Shortly following this official notification, You will receive a letter from EPG providing initial information regarding the mandatory training session required when receiving CEDAP equipment and instructions lin- beginning the CEDAP award process. Congratulations on your selection for this FY 06 CEDAP award. If you have any questions or concerns regarding the CEDAP award process, please call G&T's Centralized Scheduling and Information Desk (CSID) Help Linc at 1-500-368-6498. Sincerely, n Corey Gruber Acting Assistant Secretary Office of Grants and Tr)ining -36 - Item V.J.6a/b. ORDINANCES ITEM #56335 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinances to TRANSFER: $500,000 from the General Fund Reserve for Contingencies to a dedicated Reserve for the Sheriffs Department to support potential increased costs of food and medical contracts $90, 000 from the operating budget of the Arts and Humanities Commission to the General Fund, Transportation Reserve for Contingencies, re the acquisition of artwork for the Sandler Center for the Performing Arts Vice Mayor Jones' read into the record correspondence from Linwood O. Branch, III, President — Sandler Center for the Performing Arts, advising the Board of Directors has decided to assume the fundraising responsibilities to purchase public art for The Sandler Center. Said correspondence is hereby made apart of the record. Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel April24, 2007 1 AN ORDINANCE TO TRANSFER $500,000 FROM 2 THE GENERAL FUND RESERVE FOR 3 CONTINGENCIES TO A DEDICATED RESERVE FOR 4 THE SHERIFF'S DEPARTMENT TO COVER 5 INCREASING COSTS FOR THE INMATE MEDICAL 6 AND FOOD CONTRACTS 7 8 WHEREAS, the Sheriff's Department contracts with private 9 companies to provide medical and food services at the Virginia 10 Beach Correctional Center as well as the Work Release 11 Correctional Annex; and 12 13 WHEREAS, increasing health and medical costs in addition 14 to increasing inmate populations have resulted in corresponding 15 increases in providing costs for services. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA: 19 20 That $500,000 is hereby transferred to the Dedicated 21 Reserve for the Sheriff's Department from the General Fund 22 Reserve for Contingencies to support potential increased costs 23 of food and medical contracts. Funds will be transferred from 24 the Dedicated Reserve for the Sheriff's Department based on 25 actual average daily inmate populations and medical and food 26 contract costs. 27 28 Adopted by the Council of the City of Virginia Beach, 29 Virginia on the 24th day ofApril 2007. �r— APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Aagemt ervices r City AttorneV s Office CA10369 V:\applications\citylawprod\cycom32\Wpdocs\DO10\PO02\00031279.DOC R-2 April 13, 2007 1 REQUESTED BY COUNCILMEMBERS WILSON AND WOOD 2 3 AN ORDINANCE TO TRANSFER $90,000 FROM THE 4 OPERATING BUDGET OF THE ARTS AND HUMANITIES 5 COMMISSION TO THE GENERAL FUND 6 TRANSPORTATION RESERVE FOR CONTINGENCIES 7 8 WHEREAS, on January 9, 2007, City Council appropriated 9 $90,000 of FY 2005-06 year-end fund balance to the FY 2006-07 10 Operating Budget of the Arts and Humanities Commission for the 11 acquisition of artwork for the Sandler Center for the Performing 12 Arts; and 13 14 WHEREAS, the Virginia Beach Performing Arts Center 15 Foundation has decided to raise the $90,000 needed for the 16 acquisition of artwork. 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA: 20 21 That $90,000 is hereby transferred from the FY 2006-07 22 Operating Budget of the Arts and Humanities Commission to the 23 General Fund Transportation Reserve for Contingencies. 24 25 Adopted by the Council of the City of Virginia Beach, 26 Virginia, on the 24th day of April , 2007. Approved as to Content: Approved As To Legal Sufficiency: Managem t ervices City Attorney's OfJace CA10375 V:\applications\citylawprod\cycom32\Wpdocs\D018\P001\00031803.DOC R-2 April 18, 2007 tem V -K. PLANNING 1. GRACE BIBLE CHURCH -37 - ITEM #56336 2. ZION CITY OF DELIVERANCE OUTREACH 3. CHECKERED FLAG MOTOR CAR COMPANY 4. PRINCE OF PEACE LUTHERAN CHURCH 5. T -MOBILE COMMUNICATIONS CAP OPERATIONS, L.L.C. 6. CITY ZONING ORDINANCE 7. CAROL CASE 8. SANDLER AT BRWENNEMAN FARM, L.L.C. STREET CLOSURE CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT Ordinance AMENDING §§111, 401, 501, 601, 801, 901and 1001; ADDING §§ 242.3 and 242.4 of the (CZO) to establish definitions of a Home -Based Wildlife Rehabilitation Facility and Wildlife Rehabilitation Center CONDITIONAL USE PERMIT MODIFICATION OF BRENNEMAN FARM PD -H2 land use plan April 24, 2007 -38 - Item V -K. PLANNING ITEM # 56337 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED Items], 3, 4, 5 (REFERRED TO THE PLANNING COMMISSION), 6, 7 and 8 of the PLANNING BY CONSENT AGENDA. Voting: 10-0 (By Consent) Council Members Voting Aye.- William ye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay.- None ay: None Council Members Absent: Harry E. Diezel April 24, 2007 -39 - Item V -K. 1 PLANNING ITEM # 56337 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED Ordinances upon application of GRACE BIBLE CHURCH for a Street Closure, Change of Zoning and Conditional Use Permit: The Church agrees to work with City Staff to contribute their proportionate share re traffic management signals at the Ansol Lane Intersection (based on traffic generated by the Church) Application of Grace Bible Church for the discontinuance, closure and abandonment of an unnamed, unimproved right-of-way beginning on the north side of Ansol Lane and extending approximately 477.05 feet in a northerly direction. DISTRICT 3 — ROSE HALL The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, " approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verb that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council (April 23, 2008). If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way, this approval shall be considered null and void. A ND, ORDINANCE UPON APPLICATION OF GRACE BIBLE CHURCH FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROMI-1 LIGHT INDUSTRIAL DISTRICT TO 0-2 ZO4071277 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Grace Bible Church for a Chane o Zoninz District Classification from I-1 Light Industrial District to 0-2 Office District on property located at the western terminus of Ansol Lane (GPINs 1497135862; 1497037953; 1497138854). AICUZ is 65 to 75 dB Ldn. DISTRICT 3 — ROSE HALL April 24, 2007 Item V -K.1 PLANNING ITEM # 56337 (Continued) ORDINANCE UPON APPLICA TION OF GRACE BIBLE CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH RO40734218 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Grace Bible Church for a Conditional Use Permit for a church on property located at the western terminus of Ansol Lane (GPINs 1497135862; 1497037953; 1497138854). DISTRICT 3 — ROSE HALL The following conditions shall be required: 1. When the site is developed, it shall be developed in substantial conformance with the plan entitled, "Grace Bible Church Ansol Lane, " prepared by Engineering Services, Inc., dated 11127106. 2. The church building shall be constructed in substantial conformance with the elevation entitled, "Schematic Design Concept for Grace Bible Church, A Comprehensive New Facility, " prepared by Barnes Design Group, P.C., dated December 7, 2006. 3. A cul-de-sac or other appropriately designed turn -around acceptable to the Department of Public Works shall be provided by the church at the end of Ansol Lane, where the public roadway transitions to a private drive aisle into the church property. 4. Any freestanding or building mounted signage shall meet all applicable City ordinances. The use of moveable copy on any sign shall be prohibited. 5. Traffic control measures shall be in place during Sunday services, Wednesday evening services and during other large special events, such as concerts, weddings and funerals, among others. This measure, at a minimum, shall consist of a trained traffic control person, approved by the City's Police Department, to direct traffic at the Ansol Lane and North Lynnhaven Road intersection. 6. The site may not be used for childcare or school use without modification of this Use Permit. These Ordinances shall be effective in accordance with Section 107 (0 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of April Two Thousand Seven April 24, 2007 Item V -K. 1 PLANNING ITEM # 56337 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel April 24, 2007 1 2 3 IN THE MATTER OF CLOSING, VACATING AND 4 DISCONTINUING A PORTION OF THAT CERTAIN 5 STREET DESIGNATED AND DESCRIBED AS "12' 6 ROAD TO BE CLOSED 4,773 SF, 0.110 AC." 7 AS SHOWN ON THAT CERTAIN PLAT ENTITLED 8 "EXHIBIT `A' SHOWING 12' ROAD CLOSURE, 9 LYNNHAVEN BOROUGH, VIRGINIA BEACH, 10 VIRGINIA" 11 12 13 WHEREAS, A. Ray Megginson, Trustee for Grace Bible 14 Church applied to the Council of the City of Virginia Beach, 15 Virginia, to have the hereinafter described street discontinued, 16 closed, and vacated; and 17 18 WHEREAS, it is the judgment of the Council that said 19 street be discontinued, closed, and vacated, subject to certain 20 conditions having been met on or before one (1) year from City 21 Council's adoption of this Ordinance; 22 23 NOW, THEREFORE, BE IT ORDAINED by the Council of the 24 City of Virginia Beach, Virginia: 25 26 SECTION I 27 28 That the hereinafter described street be discontinued, 29 closed and vacated, subject to certain conditions being met on 30 or before one (1) year from City Council's adoption of this 31 ordinance: 32 33 All that certain piece or parcel of land 34 situate, lying and being in the City of 35 Virginia Beach, Virginia, designated and 36 described as "12' ROAD TO BE CLOSED 4,773 37 SF, 0.110 AC." shown as the cross -hatched 38 area on that certain plat entitled: 39 "EXHIBIT `A' SHOWING 12ROAD CLOSURE 40 LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA" 41 Scale: 1" = 100', dated January 22, 2007, 42 prepared by Engineering Services, Inc., a 43 copy of which is attached hereto as Exhibit 44 A. 45 GPIN: 1497-13-5862, 1497-13-8854 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 SECTION II The following conditions must be met on or before one (1) year from City Council's adoption of this ordinance: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of said policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, the applicant shall provide easements satisfactory to the utility companies. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within one (1) year of approval by City Council. If all conditions noted above are not in compliance and the final plat is not approved within one (1) year of the City Council vote to close the street, this approval will be considered null and void. SECTION III 1. If the preceding conditions are not fulfilled on or before April 23, 2008, this Ordinance will be deemed null and void without further action by the City Council. 2. If all conditions are met on or before April 23, 2008, the date of final closure is the date the street closure ordinance is recorded by the City Attorney. 3. In the event the City of Virginia Beach has any interest in the underlying fee, the City Manager or his designee 2 91 is authorized to execute whatever documents, if any, that may be 92 requested to convey such interest, provided said documents are 93 approved by the City Attorney's Office. 94 95 SECTION IV 96 97 A certified copy of this Ordinance shall be filed in 98 the Clerk's Office of the Circuit Court of the City of Virginia 99 Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA 100 BEACH as "Grantor" and A. Ray MEGGINSON, Trustee for GRACE BIBLE 101 CHURCH as "Grantee." 102 103 Adopted by the Council of the City of Virginia Beach, 104 Virginia, on this 24th day of April , 2007. CA10178 V:\applications\citylawprod\cycom32\Wpdocs\D02I \P002\00030178.DOC R-1 Date: March 26, 2007 3 011111111 �unu■f� 0, .nlilal 01, IW -pa APPROVED AS TO LEGAL SUFFICIENCY: City Attorney NORFOLK SOUTHERN RAILWAY �� N89'34 56 E 1989.87 (RIGHT OF WAY 66') 127.00' N89'35'01 "E 12.30' N89'35'01 "E GPIN 1497-03-7953 Z GPIN w, 1497-13-8854 'S' p o p� GPIN o 1497-13-5862 1. �Q ry0 h 4 'o 03 Lp. v. N_ O� 12' ROAD TO BE CLOSED 4,773 SF, 0.110 AC. Q N8.2 -115'08,W 12.84' - " VIRGINIA 521.53' N82' 15'08"W ANSOL LANE BEACH - NORFOLK (ACCESS ROAD) ROUTE 44 (VARIA O WIDTH) RESSWAy EXHIBIT "A" SHOWING 12' ROAD CLOSURE LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA engineering services, inc. Civil Engineering — Land Surveying 3351 Stoneshore Road, Virginia Beach, VA. 23452 (757) 468-6800 FAX (757) 468-4966 E—mail: email®esiofva.com ate Project Scale: Drawn By Page: Drawing Path/Name 1— 1 , 1.-4 nnl I Mev[' I 1 M7 1 1UAfr,\1G7kA-\Cv6�h k9.A N.... P -42 - Item V -K 2 PLANNING ITEM # 56338 The following speakers registered in SUPPORT: Pastor Joyce Butler, 2835 South Plaza Trail, Phone: 667-1228, Zion City of Deliverance The following registered in OPPOSITION. Bernard H. Johnson, 1308 Lake James Drive, Phone: 413-9103, advised his home is approximately twentyfeet from the Zion Church and he is concerned re the hours of operation. Peggy Sansone, 1305 Lake James Drive, Phone: 424-3464, concerned re other activities of the Church i.e. Outreach Ministries, training, fund raisers, summer camp, which would extend hours of operation. Kathy Salonia, 1304 Lake James Drive, Phone: 420-2995, expressed concerns re soundproofing of the building Upon motion by Councilman Dyer, seconded y Councilman Villanueva, City Council ADOPTED the Ordinance upon application of ZION CITY OF DELIVERANCE OUTREACH for a Conditional Use Permit re a church: ORDINANCE UPON APPLICATION OF ZION CITY OF DELIVERANCE OUTREACH FOR A CONDITIONAL USE PERMIT FOR A CHURCH 8040734219 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Zion City of Deliverance Outreach for a Conditional Use Permit for a church on property located at 5405 Indian River Road (GPIN 1465285585). AICUZ is Less than 65 dB Ldn. DISTRICT 1 — CENTERVILLE The following conditions shall be required.' 1. The improvements depicted on the submitted plan entitled "Concept Plan Zion City of Deliverance Outreach " shall be implemented prior to occupancy. Additional requirements may be required as a result of the final site plan review. Additionally, the exterior of the existing building shall be upgraded with a neutral color siding. 2. A Certificate of Occupancy shall be obtained from the Building Official prior to occupancy. 3. Lighting shall be directed down at the ground, and not out horizontally or up in the air. Any lighting located on the back of the building(s) must use appropriate shielding/screening in order to direct light downward at the ground and not toward the adjacent homes on Lake James Drive. April 24, 2007 -43 - Item 43 - Item V -K2 PLANNING ITEM # 56338 (Continued) 4. Normal operating hours shall be limited to between 6-.-99 8:00 a.m. and 10: 00 p.m. 5. Daycare operations shall be prohibited on this site. 6. The applicant shall work with the Permits and Inspections Division of the Planning Department to attenuate the sound generated by the church as much as reasonably possible. 7 No outside sound or music amplification will be allowed. 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-fourth of April Two Thousand Seven Voting: 9-1 Council Members Voting Aye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: Harry E. Diezel April24, 2007 -44 - Item V -K 3 PLANNING ITEM # 56339 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council REFERRED BACK TO THE PLANNING COMMISSION Ordinance upon application of Checkered Flag Motor Car Company for a Conditional Use Permit : ORDINANCE UPONAPPLICA TION OF CHECKERED FLAG MOTOR CAR COMPANY FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES, RENTALS AND SERVICE Ordinance upon application of Checkered Flag Motor Car Company for a Conditional Use Permit for motor vehicle sales, rentals and service on property located at 5193 Virginia Beach Boulevard (GPIN 1467762274). AICUZ is Less than 65 dB Ldn. DISTRICT 2 — KEMPSVILLE Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel April 24, 2007 -45 - Item 45 - Item V -K 4. PLANNING ITEM # 56340 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of PRINCE OF PEACE L UTHERAN CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF PRINCE OF PEACE LUTHERAN CHURCH FOR A CONDITIONAL USE PERMIT FOR A COL UMBARIUM RO40734220 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Prince of Peace Lutheran Church for a Conditional Use Permit for a columbarium on property located at 424 Kings Grant Road (GPIN 1497078145). AICUZ is Less than 65 dB Ldn. DISTRICT 5 — LYNNHAVEN The following conditions shall be required: 1. The location of the columbarium shall be limited to that shown on the submitted plan entitled "Site Plan for Prince of Peace. " 2. The majority of the columbarium walls that face any right-of-way or residential property shall complement the exterior building materials, in terms of color and material, of the existing church and shall be substantially in conformance with the drawing entitled, "Columbarium Elevations Niche/Memorial Wall. " This Ordinance shall be effective in accordance with Section 107 (fi of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of April Two Thousand Seven Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel April 24, 2007 EM Item V -K.5. PLANNING ITEM # 56341 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of T -MOBILE COMMUNICATIONS CAP OPERATIONS, L.L.C. for a Conditional Use Permit for a wireless communications tower: ORDINANCE UPON APPLICATION OF T -MOBILE COMMUNICATIONS CAP OPERATIONS, L.L.C. FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATIONS TOWER 8040734221 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of T -Mobile Communications CAP Operations, L.L.C. for a Conditional Use Permit for a communications tower on property located at 4300 Pembroke Boulevard (GPIN 1478826460). AICUZ is Less than 65 dB Ldn. DISTRICT 4 — BAYSIDE The following conditions shall be required.• 1. The tower shall be constructed substantially as shown on the site plans entitled "T Mobile Northeast. LLC Pembroke Meadows RL VA 50519-B ", prepared by Allpro Consulting Group, Inc., dated August 15, 2006, Final. The plans have been exhibited to City Council and are on file with the Department of Planning. 2. The tower including antennas shall not exceed 120 feet in height. 3. Landscaping shall be required at the tower site consistent with the requirements of Section 232(b)(8) of the City Zoning Ordinance. 4. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the tower and all subsequent users. 5. In the event interference with any City emergency communications facilities arises from the use of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 6. Should the antennas cease to be used for a period of more than one(]) year, the applicant shall remove the antennas and their supporting tower and related equipment. April 24, 2007 -47 - Item V -K.5. PLANNING ITEM # 56341 (Continued) 7. The Director of Planning may allow the installation of a type of antenna different from that shown on the plans described in Condition 1 if the Director determines that the proposed antenna type will not result in any undue impact beyond the antenna type shown in the submitted plan in the plan described in Condition 1 and a structural report is submitted from a licensed structural engineer stating that the tower, with the proposed antennas, meets the structural standards established by the Electronics Industry Association and the local building code. This Ordinance shall be effective in accordance with Section 107 (fi of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of April Two Thousand Seven Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel April 24, 2007 -48 - Item V -K. 6. PLANNING ITEM # 56342 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance AMENDING §§111, 401, 501, 601, 801, 901 and 1001; ADDING §§ 242.3 and 242.4 of the City Zoning Ordinance (CZO) to establish definitions of a Home -Based Wildlife Rehabilitation Facility and Wildlife Rehabilitation Center; and, establishing specific standards and applicable districts for each use. Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel April 24, 2007 1 AN ORDINANCE AMENDING SECTIONS 111, 401, 2 501, 801, 901, AND 1001 AND ADDING SECTIONS 3 242.3 AND 242.4 OF THE CITY ZONING 4 ORDINANCE, DEFININING "HOME-BASED WILDLIFE 5 REHABILITATION FACILITY," "WILDLIFE 6 REHABILITATION CENTER ,� AND WILDLIFE AND 7 ESTABLISHING SPECIFIC STANDARDS FOR SUCH 8 USES AND ZONING DISTRICTS IN WHICH SUCH USES 9 ARE PERMITTED 10 Sections Amended: City Zoning 11 Ordinance §§ 111, 401, 501, 801, 901, 12 and 1001 13 14 Sections Added: City Zoning Ordinance 15 §§ 242.3 and 242.4 16 WHEREAS, the public necessity, convenience, general welfare 17 and good zoning practice so require; 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA: 21 22 That the City Zoning Ordinance (City Code Appendix A) is 23 hereby amended and reordained by the amendment of Sections 111, 24 401, 501, 801, 901, and 1001 and the addition of Sections 242.3 25 and 242.4, to read as follows: 26 27 ARTICLE 1. GENERAL PROVISIONS 28 29 . 30 31 Sec. 111. Definitions. 32 33 . 34 35 Home -Based Wildlife Rehabilitation Facility. A facility 36 where care is regularly given to sick, injured, orphaned, or 37 displaced wildlife on a temporary basis. 38 39 Wildlife Any mammal, bird, reptile or amphibian listed on 40 the Virginia Department of Game and Inland Fisheries' list of 41 native and naturalized fauna of Virginia. 42 43 Wildlife Rehabilitation Center. A professionally - 44 operated facility with an on-site veterinary staff where care is 1 45 regularly given to sick, injured, orphaned, or displaced 46 wildlife until such time as such wildlife possesses sufficient 47 health that it can be returned to its native habitat. 48 49 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE 50 TO ALL DISTRICTS 51 52 . 53 54 C. CONDITIONAL USES AND STRUCTURES 55 56 . 57 58 Sec 242.3. Home-based Wildlife Rehabilitation Facility. 59 60 Home -Based Wildlife Rehabilitation Facilities shall meet 61 the following standards: 62 63 (a) Each operator shall ensure that each animal is 64 provided with: 65 66 (1) Adequate food and water; 67 (2) Adequate shelter that is clean and of the proper 68 type and size for the particular type of animal 69 and its age, size, species, and weight; 70 (3) Adequate exercise; 71 (4) Adequate lighting; and 72 (5) Veterinarycare as necessary to prevent suffering 73 or disease transmission. 74 75 (b) Each operator shall hold a valid Category I or 76 Category II A or B Wildlife Rehabilitation permit from the 77 Virginia Department of Game and Inland Fisheries, and a 78 migratory bird wildlife rehabilitation permit issued by the 79 United States Fish and Wildlife Service if the operator 80 rehabilitates migratory birds. 81 82 (c) Only species for which an operator holds current state 83 and, if applicable, federal permits shall be kept in such a 84 facility for more than twenty - four (24) hours. All animals 85 not authorized to be kept pursuant to such permits shall be 86 transported to an appropriate Wildlife Rehabilitation Center or 87 a permitted Home -Based Wildlife Rehabilitation Facility within 88 twenty - four (24) hours of receipt of such animal. =61 I 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 (d) No operator shall keep a greater number of animals at any one time than those for which the operator maintains adequate caging as required by the applicable state or federal permit or permits held by the operator. (e) No animal shall be kept at any such facility for a period in excess of one hundred and eighty(180)days. (f) All animals shall be kept or maintained in such manner that a nuisance is not generated by insects, excessive odor, dust, noise, or other conditions deemed by the Zoning Administrator to be detrimental to the community health, safety and welfare. (g) Removal of dead animals shall be conducted in accordance with the provisions of Section 5-14 of the Code of the City of Virginia Beach. The Home-based rehabilitator shall be the owner of the wildlife they are rehabilitating for the purposes of City Code Section 5-14. (h) Removal of all waste, including medical waste, shall be conducted daily in accordance with the provisions of Section 31-7 of the Code of the City of Virginia Beach. (i) All structures, buildings, or cages used for the shelter of animals shall comply with the dimensional requirements of the zoning district in which the facility is located, provided that cages or other wildlife confinement areas shall not occupy more than a total of twenty percent (20o) of the lot on which the facility is located. Structures in which animals are confined shall not exceed eight (8) feet in height. (j) There shall be no signs pertaining to the use on the property other than one (1) non -illuminated sign, not to exceed one (1) square foot in area, that may provide identification of the facility, notice to the public of any potential hazards related to the operation of the facility, and notice to the public of basic instructions for delivery of sick, injured, orphaned, or displaced wildlife. Sec. 242.4. Wildlife Rehabilitation Center. Wildlife Rehabilitation Centers shall be subject to the following provisions: 91 135 (a) Each operator shall ensure that each animal is provided 136 with: 137 138 (1) Adequate food and water; 139 (2) Adequate shelter that is clean and of the proper 140 type and size for the particular type of animal 141 and its age, size, species, and weight; 142 (3) Adequate exercise; 143 (4) Adequate lighting; and 144 (5) Veterinary care as necessary to prevent suffering 145 or disease transmission. 146 147 (b) Each operator shall hold a valid Category III Wildlife 148 Rehabilitation permit from the Virginia Department of 149 Game and Inland Fisheries, and a migratory bird 150 wildlife rehabilitation permit issued by the United 151 States Fish and Wildlife Service if the operator 152 rehabilitates migratory birds. 153 154 (c) No operator shall keep a greater number of animals at 155 any one time than those for which the operator 156 maintains adequate caging as required by the applicable 157 state or federal permit or permits held by the 158 operator. 159 160 (d) All animals shall be kept or maintained in such manner 161 that a nuisance is not generated by insects, excessive 162 odor, dust, noise, or other conditions deemed by the 163 Zoning Administrator to be detrimental to the community 164 health, safety and welfare. 165 166 (e) Removal of dead animals shall be conducted in 167 accordance with the provisions of Section 5-14 of the 168 Code of the City of Virginia Beach. The operator of the 169 rehabilitation facility shall be the owner of the 170 wildlife they are rehabilitating for the purposes of 171 City Code Section 5-14. 172 173 (f) Removal of all waste, including medical waste, shall be 174 conducted daily in accordance with the provisions of 175 Section 31-7 of the Code of the City of Virginia Beach. 176 177 (g) All structures, buildings, or cages used for the 178 shelter of animals shall comply with the dimensional 179 requirements of the zoning district in which the 180 facility is located. 4 181 182 (h) Vehicular parking requirements shall be as specified in 183 the conditional use permit. 184 185 (i) Signage shall conform to the regulations of the 186 district in which the facility is located or to the 187 conditions of its conditional use permit if different. 188 189 (j) The operator may provide educational outreach services 190 at the facility if permitted by its conditional use 191 permit. 192 193 (k) The operator may exhibit at the facility wildlife that 194 has been determined to be rehabilitated yet permanently 195 disabled such that the wildlife can no longer be 196 released to the wild, provided that such activity is 197 allowed by an exhibition permit issued by the Virginia 198 Department of Game and Inland Fisheries or the United 199 States Fish and Wildlife Service that limits the number 200 and type of wildlife permitted. 201 202 Section 401. Use Regulations. 203 204 (a) Principal and conditional uses. The following chart 205 lists those uses permitted within the AG -1 and AG -2 Agricultural 206 Districts. Those uses and structures in the respective 207 agricultural districts shall be permitted as either principal 208 uses indicated by a "P" or as conditional uses indicated by a 209 "C." Uses and structures indicated by an "X" shall be prohibited 210 in the respective districts. No uses or structures other than as 211 specified shall be permitted. 212 213 Use AG -1 AG -2 214 215 216 217 218 219 220 221 Home -Based Wildlife Rehabilitation Facilities Wildlife Rehabilitation Centers Sec. 501. Use regulations. P P C C (a) Principal and conditional uses. The following chart lists those uses permitted within the R-40 through R-2.5 Residential Districts. Those uses and structures in the 5 222 respective residential districts shall be permitted as either 223 principal uses indicated by a "P" or as conditional uses "X" 224 indicated by a "C." Uses and structures indicated by an 225 shall be prohibited in the respective districts. No uses or 226 structures other than as specified shall be permitted. 227 244 respective districts. No uses or structures other than as 228 Uses Residential Districts 246 229 Office Districts R-40 R-30 R-20 R-15 R-10 R-7.5 R -5D R -5R R -5S R-2.5 230 248 231 . . . 250 232 Home -Based Wildlife 233 Rehabilitation 234 Facilities C C C C C C C C C X 235 236 Sec. 801. Use regulations. 237 238 (a) Principal and conditional uses. The following chart 239 lists those uses permitted within the 0-1 and 0-2 Office 240 Districts. Those uses and structures in the respective Office 241 Districts shall be permitted as either principal uses indicated 242 by a "P" or as conditional uses indicated by a "C." Uses and 243 structures indicated by an "X" shall be prohibited in the 244 respective districts. No uses or structures other than as 245 specified shall be permitted. 246 Office Districts 247 Uses 0-1 0-2 248 249 . . 250 251 Home -Based Wildlife 252 Rehabilitation C 253 Facilities C 254 Wildlife 255 Rehabilitation C 256 Centers C 257 Sec. 901. Use regulations. 258 259 (a) Principal and conditional uses. The following chart 260 lists those uses permitted within the B-1 through B -4K Business 261 Districts. Those uses and structures in the respective business 262 districts shall be permitted as either principal uses indicated 263 by a "P" or as conditional uses indicated by a "C." Uses and 264 structures indicated by an "X" shall be prohibited in the 6 265 respective districts. No uses or structures other than as 266 specified shall be permitted. 267 268 Uses Business Districts 269 B-1 B -IA B-2 B-3 B -3A B-4 B -4C B -4K 270 271 272 Home -Based Wildlife 273 Rehabilitation 274 Facilities C C C X X X X X 275 Wildlife 276 Rehabilitation 277 Centers C C C X X X X X 278 Sec. 1001. Use regulations. 279 280 (a) Principal and conditional uses. The following chart 281 lists those uses permitted within the I-1 and I-2 Industrial 282 Districts. Those uses and structures in the respective 283 industrial districts shall be permitted as either principal uses 284 indicated by a "P" or as conditional uses indicated by a "C." 285 Uses and structures indicated by an "X" shall be prohibited in 286 the respective districts. No uses or structures other than as 287 specified shall be permitted. 288 Industrial Districts 289 Uses I-1 I-2 290 291 292 . 293 294 Home-based Wildlife 295 Rehabilitation C C 296 Facilities — 297 Wildlife 298 Rehabilitation C C 299 Centers - Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day of April, 2007. 7 .• Iters V -K.7. PLANNING ITEM # 56343 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon Application of CAROL CASE for a Conditional Use Permit for a Home -Based Wildlife Rehabilitation Facility to care for injured and orphaned wildlife animals: ORDINANCE UPON APPLICATION OF CAROL CASE FOR A CONDITIONAL USE PERMIT FOR A HOME-BASED WILDLIFE REHABILITATION FACILITY RO40734222 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Carol Case for a Conditional Use Permit for a Home -Based Wildlife Rehabilitation Facility on property located at 113 Matt Lane (GPIN 2407743456). AICUZ is Greater than 75 dB Ldn (Accident Potential Zone 1). DISTRICT 6 — BEACH The following conditions shall be required: 1. All structures, buildings, or cages used for the shelter of animals shall comply with the dimensional requirements of the R -5D Residential District, provided that cages or other wildlife confinement areas shall not occupy more than a total of 20% of the backyard. Structures in which animals are confined shall not exceed eight (8) feet in height. 2. A five-foot (5'-0') wide organic mulch planting bed four to six inches (4" - 6') in depth along the perimeter of the activity shall be provided and the planting beds shall be enhanced with landscape plantings. 3. All animals shall be kept or maintained in such manner that a nuisance is not generated by insects, excessive odor, dust, noise, or other conditions deemed by the Zoning Administrator to be detrimental to the community health, safety and welfare. 4. Removal of all waste, including medical waste, shall be conducted daily in accordance with the provisions of Section 31-7 of the Code of the City of Virginia Beach. 5. The applicant shall hold a valid Category 1 or Category II A or B Wildlife Rehabilitation permit from the Virginia Department of Game and Inland Fisheries, and a migratory bird wildlife rehabilitation permit issued by the United States Fish and Wildlife Service if the applicant intends to continue rehabilitation of such birds. 6. Only species for which the applicant holds current state and federal permits shall be kept in such a facilityfor more than twenty -four (24) hours. All animals not authorized to be kept pursuant to such permits shall be transported to an appropriate Wildlife Rehabilitation Center or a Home -Based Wildlife Rehabilitation Facility where long-term care is permitted within twenty -four (24) hours of receipt of such animal. April 24, 2007 -50 - Item V -K. 7. PLANNING ITEM # 56343 (Continued) 7. The applicant shall not keep a greater number of animals at any one time than those for which the applicant maintains adequate caging as required by the applicable state or federal permit or permits held by the applicant. 8. Removal of dead animals shall be conducted in accordance with the provisions of Section 5- 14 of the Code of the City of Virginia Beach. 9. There shall be no signs pertaining to the use on the property other than one (1) non - illuminated sign, not to exceed one (1) square foot in area, that may provide identification of the facility, notice to the public of any potential hazards related to the operation of the facility, and notice to the public of basic instructions for delivery of sick, injured, orphaned, or displaced wildlife. 10. Upon one (1) year from the date of approval, the Zoning Administrator shall administratively review the Conditional Use Permit. If, at such time, the Zoning Administrator determines that the use needs additional consideration, based upon complaints or noncompliance with the conditions, the Conditional Use Permit will be referred back to the Planning Commission and City Council. In the event that no valid complaints have been made, the Conditional Use Permit shall remain in effect. 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-fourth of April Two Thousand Seven Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel April24, 2007 -51 - Item V -K.8. PLANNING ITEM # 56344 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of SANDLER AT BRENNEMAN FARM, L.L.C. for a Modification of the Brenneman Farm PD-H2Land Use Plan (approved by City Council on September 9, 2003) to change the designated land use from carriage homes to two-story townhomes at Brenneman Trail: ORDINANCE UPON APPLICATION OF SANDLER AT BRENNEMAN FARM, L. L. C. FOR A MODIFICA TION OF THE BRENNEMAN FARM LAND USE PLAN Z04071278 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Sandler at Brenneman Farm, L.L.C. for a Modification of the Brenneman Farm Land Use Plan to change the designated land use from carriage homes to two-story attached dwelling units. Property is located at the southeast terminus of Brenneman Trail (GPIN 1476715481). AICUZ is Less than 65 dB Ldn. DISTRICT 2 — KEMPSVILLE The following condition shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. 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-fourth of April Two Thousand Seven Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel April 24, 2007 W In Reply Refer To Our File No. DF -6675 TO: Leslie L. Lilley FROM: B. Kay Wilso CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: April 11, 2007 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application: Sandler at Brenneman Farm, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on April 24, 2007. 1 have reviewed the subject proffer agreement, dated January 1, 2007, 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/als Enclosure cc: Kathleen Hassen AGREEMENT THIS AGREEMENT is made January 1, 2007 by and between SANDLER AT BRENNEMAN FARM, L.L.C., a Virginia limited liability company (hereinafter referred to as "Grantor"), and CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee") WITNESSETH: WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, to modify a portion of the Brenneman Farm Land Use Plan previously adopted by the City Council of the City of Virginia Beach, Virginia (the "Land Use Plan"); and WHEREAS, Grantor's property contains a total of 13.69 acres, more or less, is located in the Kempsville Election District of the City of Virginia Beach, Virginia, and is more particularly described in the attached Exhibit A (the "Property"); and WHEREAS, the Property is a portion of the property shown and described as "PROPOSED PD -H2 CONDOMINIUM C 17.8 +/- AC" on the exhibit titled "Proposed Zoning Plan," dated July 18, 2003, as contained in the four part, multi -page document entitled Brenneman Farm Development. Manual dated July 18, 2003, which publication was exhibited to and adopted as part of the Land Use Plan by the City Council (the "Manual"); and WHEREAS, the Grantor desires to amend the Land Use Plan so that a portion of the Property may be developed for two-story, attached dwelling units, instead of carriage houses, as proposed in the Land Use Plan and the Manual; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed use purposes, through zoning and other land development legislation; and GPIN: 1476-71-5481 Prepared By: Troutman Sanders L.L.P. 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 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 subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property, for the protection of the community that are not generally applicable to land similarly zoned, 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 part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing A-12 and PD -H2 zoning districts by the City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent; and 2 WHEREAS, certain covenants and restrictions governing the Property were adopted by the City Council of the City of Virginia Beach on July 24, 2003, as part of the Land Use Plan, which covenants and restrictions have been recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Number 200310290176399 (the "Existing Proffers"); and WHEREAS, Grantor desires to modify certain of the Existing Proffers related to that portion of the Property to be developed as two-story, attached dwelling units, without affecting or changing the Existing Proffers with respect to the remainder of the Property; NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby 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 these Proffers shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The Land Use Plan shall be modified and revised, so that the portion of the Property shown and described as "Area Proposed for 2 Story Attached Units" on Sheets 1 and 2 of the conceptual site plan of Lexington (the "Lexington Townhouse Section"), which has been exhibited to the City Council and is on file with the Planning Department, may be developed for two-story attached dwelling units, instead of carriage homes, as originally shown and depicted in the Land Use Plan and the Manual. 2. The total number of two-story attached dwelling units constructed within the Lexington Townhouse Area shall not exceed fifty-three (53) units. 3 3. All dwelling units constructed within the Lexington Townhouse Area shall be constructed using designs and building materials in substantial conformity with those depicted on the rendering shown on Sheet 3 of the conceptual site plan exhibited to the City Council and is on file with the Planning Department. 3. Except as provided in this Agreement or on the conceptual site plan, the Lexington Townhouse Area shall be developed in accordance with the criteria set forth in Section 603, 605 and 606 of the Virginia Beach Zoning Ordinance in effect on the date this application is approved. 4. The required building setbacks for the two-story dwelling units constructed within the Lexington Townhouse Area shall be as follows: a. Front yard setback, from face of curb/private street 20' b. Side yard setback, adjacent to a private street from face of curb for end units only 10' C. Minimum distance between end units of buildings 12' d. Rear yard setback from exterior property line or private street 10' e. Minimum distance between buildings rear to rear 20' f. Lot coverage building footprint 45% g. Maximum building height 40' 5. A minimum of two (2) off street parking spaces shall be provided for each unit. Garage parking shall be utilized to meet parking requirements. 6. The private street width shall be twenty-six feet (26') from face of curb to face of curb. The private alley width shall be twelve feet (12') from edge of asphalt to edge of asphalt. 7. The Property shall follow the design criteria set forth below: a. The maximum number of units attached per building shall be six (6). b. Units shall be constructed on raised slab with brick skirt on the front elevation. C. At a minimum, beaded vinyl siding will be provided on all units. d. The following shall be allowed to encroach into required setbacks a maximum distance of two feet (2'): fireplaces; bay windows; steps; decks which do not exceed eighteen inches (18") in height, excluding railings; patios; and HVAC equipment. n Further conditions may be required by the Grantee during detailed Site Plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. 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, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. [Remainder of Page Intentionally Left Blank] 5 IN WITNESS WHEREOF, the foregoing Agreement is executed as of the date first written above. GRANTOR: SANDLER AT BRENNEMAN FARM, L.L.C., a Virginia limited liability company BX'name: 1 1 P Its: COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoin instrument was acknowledged before me this a,�day of January, 2007, by � ' � P A.�-,n , in his/her capacity as � ' on behalf of Sandler at Brenneman Farm, L.L.C., a Virginia limited liafiility company. My Commission Expires: C, ) _ )l _ 16; 2 tary Public EXHIBIT A ALL THAT certain piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being designated as Parcel 5C as shown on that certain plat entitled "Subdivision of Lexington, Virginia Beach, Virginia" dated August 9, 2004, prepared by Rouse-Sirine Associates, Ltd., and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 200410190166991, to which reference is made for a more particular description. 330799.1 7 14 April 2007 Virginia Beach SPCA 3040 Holland Road Virginia Beach, VA 23453 Dear Ladies and Gentlemen; Although we have been frequent contributors to the SPCA, I had not had the opportunity to visit the Virginia Beach facility. This week, we found on our lawn, a very small animal with eyes not yet open and unable to stand on its feet. The newborn was taken to your facility, where it was placed in an incubator and the wildlife rehabilitation service activated. The ladies tending the front desk were personable, knowledgeable, helpful and reassuring about the prospects for this very small creature identified as a 3-5 day old raccoon. Shortly, a lady from the rehab group reported that she was on her way to pick up the animal and later called to report that the animal was at its new home and in good condition. She thanked us for bringing the animal in and said it would be well cared -for until releasable into the habitat. With wetlands on our property, we have learned the enjoyment of having wildlife amidst us, and greatly appreciate the obvious sincerity and care offered them by the volunteer workers and employees at the Virginia Beach SPCA. We will increase our contributions in an effort to respond to the growing needs of animal care and to recognize the outstanding service provided them at your facility. By copy of this letter to Mayor Oberndorf and the City Council, we want to emphasize the importance of this service provided the taxpayers of the city/county and the importance of their continued support to the wildlife rehabilitation program. Thank you again for making this day an emotionally rewarding one for us. Sincerely, William N• Will , Small Admiral, U.S. Navy (retired) Cc: Mayor Oberndorf Virginia Beach City Council -52 - Item V.L. APPOINTMENTS ITEM # 56345 BY CONSENSUS, City Council RESCHEDULED: HEALTH SERVICES ADVISORY BOARD MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE TOWING ADVISORY BOARD April 24, 2007 -53 - Item V -O. ADJOURNMENT ITEM # 56346 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:34 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk uth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia --------------------------------- Meyera E. Oberndorf Mayor April 24, 2007