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Home My WebLink AboutNOVEMBER 13, 2007 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District-4 WILLIAM R. DeSTEPH, At-Large HARRY E. D1EZEL, Kempsville - District 2 ROBERT M. 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 COUNCIL AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES FRASER, MMC 13 NOVEMBER 2007 I. CITY COUNCIL'S BRIEFING - Conference Room- 2:00 PM · A. 1-264 PROJECT Bill Cashman, Branch Manager, URS Corporation II. CITY MANAGER'S BRIEFINGS A. 2007 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) 2008 First Quarter Update Patti Phillips, Director, Finance B. NOISE ZONE 65-70 dB DNL DEVELOPMENT William Macali, Deputy City Attorney III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA V. INFORMAL SESSION 5:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Robert Sharp, Pastor Charity United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS November 6,2007 G. MAYOR'S PRESENTATION 1. MAYOR'S YOUTH COUNCIL H. AGENDA FOR FORMAL SESSION I. PUBLIC HEARINGS 1. SCHOOL CAPITAL PROJECTS $7.6 Million in Supplemental Appropriations 2. SOLID WASTE DISPOSAL Flow Control J. CONSENT AGENDA K. RESOLUTION/ORDINANCES Resolution to AUTHORIZE the City Manager to execute a $100,000 Grant application to the Virginia Land and Water Conservation Fund for purchase of 14.7 acres in the Lake Lawson and Lake Smith natural areas re Open Space Acquisition Ordinance to AUTHORIZE the City Manager to execute a Deed of Conveyance of two lots to the School Board re the new Virginia Beach Middle School site Ordinance to ACCEPT a donation of artwork from Dr. Deborah Wood to be installed in Central Park at Town Center Ordinance to APPROPRIATE $14,690,129 in FY 2006-07 School Reversion Funds to various accounts in the FY 2007-08 School Operating and Capital Budgets L. PLANNING 1. Application of NEW GENERATION WORSHIP CENTER for a Conditional Use Permit re a church at 6200 Pardue Court DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROV AL 2. Application of J.D. WILLIAMS CONSTRUCTION, INC. for a Chanf!e of Zoning District Classification from R-15 Residential District to AG-2 Agricultural District to allow for a structure of 41.5 feet in height at 2672 Highland Drive DISTRICT 1 CENTERVILLE RECOMMENDATION APPROVAL 3. Applications of TROY SCOGGIN at 2310 Princess Anne Road DISTRICT 7 - PRINCESS ANNE a. Variance to S5B of the Site Plan Ordinance, Floodplain Regulations, re parking lot improvements b. Change of Zoning District Classification from R-20 Residential District to Conditional 0-1 Office District RECOMMENDATION APPROVAL 4. AMEND SS 111 and 205 of the City Zoning Ordinance (CZO) to define "major recreational equipment" and RESTRICT the locations where such may be stored RECOMMENDATION APPROVAL M. APPOINTMENTS RESORT ADVISORY COMMISSION N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT CITY COUNCIL'S SCHEDULE 2007 December 4 Briefing, Informal, Formal, Planning, Open Dialogue December 11 Briefing, Informal, Formal, Planning 2008 January 8 Briefing, Informal, Formal, Planning, Open Dialogue January 15 Location to be Announced -7:15 pm SwrmwarerPwnsandFundmg January 22 Briefing, Informal, Formal, Planning ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 * * * * * * * * * * * Agenda 1l/13/07st www.vbgov.com - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 13, 2007 Vice Mayor Jones called to order the CITY COUNCIL'S BRIEFING re the 1-264 PROJECT in the City Council Conference Room, City Hall, on Tuesday, November 13, 2007, at 2:07 P.M Council Members Present: 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 and James L. Wood Council Members Absent: Harry E. Diezel [Entered: 2:45 P.M - called in will be delayed) John E. Uhrin [Entered: 3:31 P.M - returningfrom a Business trip out of the City) Rosemary Wilson [Entered: 3:26 P.M- delayed with business commitment) November 13, 2007 - 2 - CITY MANA GER'S BRIEFING 1-264 PROJECT 2:07 P.M. ITEM # 57028 Charles Meyer, Chief Operating Officer, advised during the previous and most recent City Council Retreats, City Council identified Transportation as one of the City's top priorities. The Council had directed Staff to consolidate some of the projects and concentrate on building the Nimmo and Princess Anne Roads which are currently underway. City Council requested a status concerning Interstate 264. The management of 1-264 is directly under the Virginia Department of Transportation (VDOT) and the Federal Highway Administration (FHWA) (not through the City); however, 1-264 massively impacts the movement of traffic in the City. 1-264 is separate from the VDOT Urban System. Approximately fourteen (14) months ago, VDOT completed its 1-264 Corridor Study. The analysis was performed by URS Corporation. Bill Cashman, Branch Manager, advised the URS Corporation, was invited by the Virginia Department of Transportation (VDOT), to conduct the 1-264 Corridor Study. A Toll study concerning the possibility of tolling 1-264 will be released soon. . History of 1-264 · 1967 as SR 44 Toll Road - 4 lanes in each direction · 1980 's widening and First Colonial Interchange added · 1990 's Widening to eight (8) lanes (west of Lynnhaven) - HOVadded, removed & re-added with use of shoulder Tolls removed in 1995 - Incorporated into 1-264 in 1999 VDOT and FHW A Agreement · Improvements to interchanges · Construction would bring existingfacility into compliance with current design standards Widen mainline lanes to 12' from 11 ' - Install permanent shoulder 1-264 Corridor Study Purposes · Improvements for mainline freeway · Improvements to five (5) interchanges · Likely impacts and design exceptions Study Type Planning Level Analysis · Conceptual design (no field survey) · Planning cost estimates (no appraisals) · Sketch planning of impacts (existing mapping) · Preliminary alternative development · Preliminary planning cost estimates - will change November 13, 2007 - 3 - CITY MANA GER'S BRIEFING 1-264 PROJECT ITEM # .57028 (Continued) VDOTwas the contractor and the Study Management Team consisted of representatives from the Federal Highway Administration (FHWA), City of Virginia Beach, Hampton Roads Planning District Commission (HRP DC) and the City of Norfolk. Relative the Content, existing conditions were documented. Year 2030 volumes and deficiencies and improvement alternatives were developed and evaluated with recommendations identified. Mr. Cashman advised the Team strived for a level of Service C; however, particularly in freeways, a level of Service D is acceptable by the Federal Highway Administration. The impact of traffic on freeways generally relates to speed. Mr. Cashman displayed charts depicting Level of Service for Roadways, Level of Service versus Speed, and Existing Conditions. Level of Service A Level of Service B Level of Service C Level of Service D Free Flow Operations Reasonably Free-Flow Stable Operations Borderline Unstable Existing Deficiencies: Interchanges Ramp Newtown Road Westbound Off Ramp (A.M peak) · Witchduck Road Westbound Off Ramp (A.M peak) · Witchduck Road Westbound On Ramp (A.M and P.M. peak) · Independence Boulevard Eastbound Off Ramp (P.M peak) Independence Boulevard Westbound Off Ramp (A.M. peak) Independence Boulevard Westbound On Ramp (A.M peak) Local Street Merge · Witchduck Road Eastbound Off Ramp (P.M peak hour) Independence Boulevard Eastbound Off Ramp (P.M peak hour) Lynnhaven Parkway Eastbound Off Ramp (A.M and P.M. peak hours) Weave · WB 1-64 ---+ EB 1-264 - Newtown Off Ramp (A.M and P.M peak hour) WB 1-264 ---+ Newtown On-Ramp - WB 1-264 (A.M and P.M peak hour) · EB 1-264 C/D at Newtown (A.M and P.M peak hour) · EB 1-264 Weave at Witchduck (P.M. peak hour) · WB 1-264 Weave at Independence (A.M peak hour) · EB 1-264 Weave at Independence (A.M and P.M peak hour) · WB 1-264 Weave at Lynnhaven Parkway (A.M peak hour) November 13, 2007 - 4 - CITY MANA GER'S BRIEFING 1-264 PROJECT ITEM # 57028 (Continued) Relative Crash Severity 1-264 Segment Overall Interstate Rank Eastbound Westbound 36 18 14 54 28 63 77 99 22 139 92 90 125 135 151 total Interstate Freeway Segments 1-64 and Newtown Road Newtown Road and Witchduck Road Witchduck Road and Independence Independence Boulevard and Rosemont Road Rosemont Road and Lynnhaven Parkway Lynnhaven Parkway and Laskin Road Laskin Road and First Colonial Road Improvement Alternatives · Level of Service C (LOS C) - Capacity of LOS C or better - Meets FHWA Design Guidelines · Reduced Impact - Capacity of LOS D or better - Design Exceptions to reduce impacts Forecasted 2030 Deficiencies: Interchanges Ramp · Newtown Road Westbound Off Ramp (A.M.. peak) · Newtown Road Westbound On Ramp (A.M. peak) · Witchduck Road Westbound Off Ramp (A.M. peak) \. Witch duck Road Westbound On Ramp (A.M. and P.M. peak) · Independence Boulevard Eastbound Off Ramp (P.M. peak) · Independence Boulevard Eastbound On Ramp (P.M. peak) Independence Boulevard Westbound Off Ramp (P.M. peak) Independence Boulevard Westbound On Ramp (A.M. peak) Evaluation Criteria 1. Capacity - LOS C or better 2. Weave Removal 3. Local Street Ramp Spillback 4. Safety 5. Cost - cost for improving an interchange area includes the cost of widening the mainline freeway lanes through the interchange area 6. Right-Of-Way Impacts 7. Environmental Impacts - wetlands, Section 4(f) properties, and historic resources 8. I-I Access - two lanes for each connection between 1-64 and 1-264. 9. Lane Balancing and Lane Continuity 10. Consistency with Local Plans 11. Ability to Sign November 13, 2007 - 5 - CITY MANA GER'S BRIEFING 1-264 PROJECT ITEM # 57028 (Continued) Mr. Cashman displayed various charts indicating: 1-64 at 1-264 Interchange Improvement Plan, Level of Service C, Alternative Reduced Impact Alternative 1-264 at Newtown, Level of Service C Alternative 1-264 at Newtown, Reduced Impact Alternative 1-264 at Witchduck, Level of Service C Alternative 1-264 at Witchduck, Reduced Impact Alternative 1-264 at Independence, Level of Service C Alternative 1-264 at Independence, Reduced Impact Alternative 1-264 at Rosemont, Level of Service C Alternative 1-264 at Rosemont, Reduced Impact Alternative 1-264 at Lynnhaven Parkway, Level of Service C Alternative 1-264 at Great Neck Road, Level of Service C Alternative November 13, 2007 - 6 - CITY MANA GER'S BRIEFING 1-264 PROJECT ITEM # 57028 (Continued) As the Summary of Costs are 2005 estimates, based on recent inflation factors, at least another six (6%) percent to ten (10%) percent increase would be required. The Reduced Impact Alternative is the recommendation and once adopted the plan for improvements to the 1-264 freeway lanes will serve as a guide in the design of improvements to the interstate. Study Status · Accepted by the Federal Highway Administration (FHWA) November 2006 · Used by the Virginia Department of Transportation (VDOT) as baseline for alternatives analysis in project preliminary engineering at I-264/Newtown Road and Witchduck Road Interchange Improvement Projects · Other more "outside the box" alternatives are under consideration. Main purpose of the "outside the box" approach is to reduce the impact on adjacent property. Status of 1-264 Projects · Preliminary estimatefor 1-264 improvements in 2005 is $l-BILLION. · Two projects currently funded in the Six-Year Improvement Program Westbound 1-64 off ramp onto Eastbound 1-264 - partially funded at $165-MILLION - Lynnhaven Interchange Part 1 (Great Neck Ramps) -funded at $21-MILLION · Future funding assumed in the 2030 long range plan - Independence Blvd Interchange · $250-MILLION - Lynnhaven Pkwy Interchange Part 2 · $70-MILLION Mr. Meyer advised essentially the westbound 1-64 to the eastbound 1-264 project is partially funded. Beyond that is the Great Neck connection, which is funded in the six-year plan and beyond that "not much". There is the challenge to look for potential funding sources. Mr. Meyer suggested these recommendations be examined in context with the Virginia Department of Transportation's study relative tolling 1-264 and whether tolls would be an option, which City Council might wish to consider. The City Manager advised the Governor fought hard to obtain the additional $304-M1LLlON placed into the State program for transportation. This one interchange at 1-64 and 264 would expend all of these fUnds on one project. November 13, 2007 - 7 - CITY MANAGER'S BRIEFING 2007 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) 2008 FIRST QUARTER UPDATE 2:49 P.M. ITEM # 57029 Patricia Phillips, Director - Finance, distributed the Comprehensive Annual Fnancial Report (CAFR) and the Annual Long Term Debt Report, which are hereby made a part of the record. Mrs. Phillips advised Virginia Beach is probably the first City locally to finish its CAFR this early in the process. State Code requires regular Audited Financial Information be presented to City Council prior to the end of December. Mrs. Phillips recognized Don Barnett, Comptroller, Joanne Griggs, City Auditor, and the staff. This Report was a team effort and all are to be congratulated. As there were many retirements, this was a particularly challenging year. Core Strategy '~ct as Stewards of Community and Organizational Resources" Audited Financial Statements - 2007 - Entity Wide Statements - General Fund - Water & Sewer Fund - Storm Water Fund - Schools - Capital Improvement Program - Debt External Auditor Report - Cherry, Bekaert & Holland 1st Quarter FY2008 General Fund Cherry, Bekaert and Holland is represented by Robert Bielat, Partner, and Krista Edoff Did the City's Entity-Wide Financial Condition Improve during Fiscal Year Ended June 30, 2007? YES! ~ Net Assets of the Primary Government Increased by $62.1-MILLION to a Total of $2.9-BILLION ~ Invested in Capital Assets Increased $99.3-MILLION ~ Revenues Totaled $1.25-BILLION, an Increase of $91.2-MILLION ~ Expenses Totaled $1. 19-BILLION, an Increase of $134.3-MILLION Entity-Wide Statement of Net Assets - Primary Government June 30, 2007 (In Millions) Governmental Business Total Net Assets $3,308.9 1,140.6 $2,168.3 $937.4 159.8 $777.6 $4,246.3 1,300.4 Assets Liabilities $2,945.9 November 13, 2007 - 8 - CITY MANA GER'S BRIEFING 2007 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) 2008 FIRST QUARTER UPDATE ITEM # 57029 (Continued) Entity-Wide Primary Government Infrastructure and Other Capital Assets at June 30, 2007 - Net of Accumulated Depreciation (in millions) Balance June 30. 2006 Land and Improvements $ 744.4 Buildings 479.8 SitErIrnprovements 115.4 Machinery and Equipment 44.5 Infrastructure 852.8 Utility System 563.8 Construction in Progress 609.0 Total Infrastructure & Capital Assets $3.409.7 Net Additions/ Deletions $.30.0 188.9 18.3 (6.4) (17.0) 6;0 (113.8) $ 106.0 Infrastructure = Roadways, Bridges, Landfill, Hurricane Protection Balance June 30. 2007 $ 774.4 668.7 133.7 38.1 835.8 569.8 495.2 $ 3.515.7 Entity-Wide Statement of Activities - Primary Government June 30, 2007 (in millions) Governmental Activities Business Activities TotalPrimCliryGovt General Revenues: Taxes Other Net Increase Net ASsets - Beginning NetAssets - Ending Expenses $ 1,081.8 106.8 $ 1,188.6 Program Revenues $ 262.7 116.6 $ 379.3 Net EXDel1Ses $ (819.1) 9.8 $ (809.3) 781.6 89.8 62.1 2,883.8 $2,945.9 November 13, 2007 - 9- CITY MANA GER'S BRIEFING 2007 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) 2008 FIRST QUARTER UPDATE ITEM # 57029 (Continued) Mrs. Phillips advised examples of Business Activities, as indicated in the Statement, are water and sewer, storm water operations and the parking fund (these are designed to be self-supporting by their fees). General Fund Highlights June 30, 2007 . Undesignated Fund Balance: $1 03.4-MILLION - decrease of $20-MILLION . Revenues: over budget by $6.5-MILLION . Expenditures: less than budget by $48.2-MILLION . General Property Taxes: . 58.1% of total revenue . Increase 10.8% from prior year . Other Local Taxes: . 25.0% of total revenue . Increase 1.2% from prior year General Fund Statement of Revenues, Expenses & Changes in Fund Balance For the Fiscal Year Ended June 30, 2007 (in millions) Revenues Expenses Excess Revenues Over/(Under) Expenses Fund Balance - July 1 Fund Balance - June 30 Less: Reservations Loans & Encumbrances Future Programs City CIP 2007-2008 School Revenue Sharing Total Reservations Undesignated Fund Balance Budaet $ 973.2 1,024.7 (51.5) 173.1 $ 121.6 ActlIill $979.7 976.5 3.2 173.1 - $176.3 Variance $ 6.5 48.2 $ 54.7 %of Budaet 1.0 4.7 $12.9 19.9 25.4 14.7 $72.9 $103.4 Fund Balance as a percent of Budgeted FY2008 Revenues is 10.1% November 13, 2007 - 10 - CITY MANAGER'S BRIEFING 2007 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) 2008 FIRST QUARTER UPDATE ITEM # 57029 (Continued) General Fund Local Revenues Exceed Budget by $8.3-MILLION FY 2007 Millions . Real Estate $(1.8) . Personal Property Taxes (2.3) . Utility Taxes .0 . Business Licenses (.9) . General Sales Taxes .6 . City Tax on Deeds 2.8 . Hotel Tax .9 . Restaurant Meal Taxes (.6) . Cigarette .5 . Interest and Rent 8.5 . Franchise Taxes .2 . Automobile Licenses (.8) . Charges for Services .3 . Other Local Revenue .9 The key points indicated Real Estate and Personal Property Taxes came in less than Budget. Fiscal Issues . Retiree Healthcare - GASB 45 . Real Estate Assessments . Future Capital Needs - Schools, Transportation, Fire Stations, etc. . Economy . Uncertainty of State Funding . Debt Limits Storm Water Enterprise Fund Comparative Statement of Revenues. Expenses & Changes in Fund Net Assets for the Years Ended .June 30, 2007 and 2006 (in millions) Total Revenues 2007 $ 20.3 (14.7) 5.6 Total Expenses Increase in Net Assets Total Net Assets - July 1 Total Net Assets - June 30 204.9 $ 210.5 2006 $ 17.9 (15.5) 2.7 202.5 $ 204.9 November 13, 2007 - 11 - CITY MANA GER'S BRIEFING 2007 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) 2008 FIRST QUARTER UPDATE ITEM # 57029 (Continued) Water & Sewer Enterprise Fund Comparative Statement of Revenues, Expenses & Changes in Fund Net Assets for the Years Ended June 30, 2007 and 2006 (in millions) Capital Contributions 2007 2006 $ 99.5 $ (91.4) (90.4) 1.1 5.9 9.2 8.7 551.6 542.9 $ 560.8 $ 551.6 Total Revenues Total Expenses Increase in Net Assets Total Net Assets - July 1 Total Net Assets ~ June 30 School Operating Fund-Statement of Revenues, Expenses & Encumbrances For the Fiscal Year Ended June 30, 2007 (in millions) REVENUES City Local From Commonwealth From Federal Government Total Revenues ~ $319.7 2.7 348.2 14.8 ~ &nml $303.9 3.6 349.6 18.3 ~ Variance $(15.8)* 0.9 1.4 ~ $(10.0) EXPENDITURES AND ENCUMBRANCES $695.1 $685.1 $(10.0) "Total Reservation in the General Fund of $14.7-MILLlON after reduction for revenue sharing formula Mrs. Phillips advised the Total Outstanding Debt is $1,120,726,769: General Government Agriculture Reserve Program Storm Water Water and Sewer Schools $671,291,668 $ 24,541,566 $ 11,397,237 $132,273,924 $281,222,374 November 13, 2007 - 12 - CITY MANA GER'S BRIEFING 2007 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) 2008 FIRST QUARTER UPDATE ITEM # 57029 (Continued) Summary of Current Debt Affordability Indicators Ratio Description Established Guidelines FY 07 Annual Debt Service to General Government Expenditures No greater than 10.0% 7.5% Overall Net Debt to Estimated Full Value No greater than 3.5% 2.1% Overall Net Debt Per Capita No greater than $2,400 $2,197 Overall Net Debt Per Capita to Per Capita Personal Income No greater than 6.5% 5.7% Total Capital Project Expenditures (including Schools) are $287. 7-MILLION Key Projects Street Resurfacing Laskin Road Gateway Sandler Performing Arts Center Various Site Acquisitions First Landing Fire and Rescue Sandbridge Beach Restoration Oceana Area Site Acquisition Convention Center Various Drainage and Utility Projects Mrs. Phillips referenced two hundredfifty (250) General Government and one hundredforty-two (142) Water and Sewer projects. Robert Bielat, Partner, Cherry, Bekaert and Holland, recognized Krista Edoff, who is charged with the day-to-day responsibilities of co-ordinating the examination. Approximately 1600 man hours is entailed in the completion of this Audit. .:. Unqualified Opinion .:. Accounting principles generally accepted in the United State of America .:. Material Transactions and balances .:. Compliance with laws and regulations material to the financial statements November 13, 2007 - 13 - CITY MANA GER'S BRIEFING 2007 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) 2008 FIRST QUARTER UPDATE ITEM # 57029 (Continued) Required Communications .:. Responsibility under generally accepted auditing standards: .:. Assessed risk that the financial statements may contain a material misstatement, either intentional or unintentional .:. Documented and considered internal controls to assist this City with its audit approach, not for the purpose of providing assurance on those controls .:. Responsibility under Government Auditing Standards (The Yellow Book) .:. Reviewed and tested the City's compliance with laws and regulations, noncompliance which could have a material impact on the financial statements. .:. Reviewed compliance with applicable laws and regulations identified in the Specifications for Audit of Counties, Cities and Towns issued by the Auditor of Public Accounts of the Commonwealth of Virginia .:. Responsibility under OMB A-133 .:. Performed procedures in order to express an opinion on the City's compliance with requirements applicable to major Federal programs. Our opinion was unqualified. .:. Performed tests of controls to assess the City's ability to detect material noncompliance with program requirements, not to express an opinion on controls .:. Independence .:. In accordance with A/CPA Rule 101, and the independence standards contained in Government Auditing Standards, we were, and continue to be, independent with respect to the City of Virginia Beach. .:. Accounting Policies .:. No new significant policies adopted. .:. No transactions that lacked authoritative consensus .:. Estimates .:. These statements include estimates, including: .:. Allowance for doubtful accounts .:. Depreciation .:. Value of infrastructure assets .:. Significant Audit Adjustments .:. There were no significant audit adjustments proposed by us that would indicate a weakness in the City's reporting process. .:. There were no misstatements that were not corrected. November 13, 2007 - 14 - CITY MANA GER'S BRIEFING 2007 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) 2008 FIRST QUARTER UPDATE ITEM # 57029 (Continued) Mrs. Phillips displayed two (2) Charts re General Fund FY 2008 depicting Actual Revenues and Expenditures at October 2007. '" 100% CD :::::l :;; 80% > CD ~ 60% ~ o ~ 40% o :;; 20% ~ 2.75% CD 0... 0% GENERAL FUND FY 2008 Actua I Revenues at October 2007 Compared to Historic Trend 100.00% ~ ~ _ ~ b ~ ~ ~ ~ . _ ~ Month -+-Percent oITotal Re..enues "+Actual Re..enues November 13, 2007 - 15 - CITY MANA GER'S BRIEFING NOISE ZONE 65-70 dB DNL DEVELOPMENT 3:21 P.M. ITEM# 57030 The City Manager advised only the 65-70 dB is being addressed Deputy City Attorney William Macali advised the colored areas on the maps distributed are all within the 65-70 dB DNL. Ordinance to AMEND Sections 405,1802,1803,1804,1805,1806 and 1807 of the City Zoning Ordinance, establishing restrictions on Development of property within the 65-70 dB DNL noise zone and Interfacility Traffic Area and adding provisions pertaining to redevelopment of property in Air Installations Compatible Use Noise Zones. The proposed amendments, prepared for City Council's review, addresses three (3) areas Interfacility Traffic Area (ITA) (purple area) 65-70 dB DNL Noise Zone (green area) Redevelopment (applies in all three (3) noise zones) CURRENT ORDINANCE Maximum residential density is: >75 dB DNL: 1 dwelling unit (d.u.) per 15 acres 70-75 dB DNL: 1 dwelling unit (d.u.) per 5 acres 65-70 dB DNL: not addressed in AICUZ Overlay Ordinance (Comprehensive Plan recommends maximum of 1:1) PROPOSED ORDINANCE Maximum residential density is 1 dwelling unit ( d. u.) per 15 acres everywhere in the ITA, including the 65-70 dB DNL Noise Zone The Comprehensive Plan will be amended to reflect this change 65-70 dB DNL Noise Zone Amendments establish 3 "sub-areas" entirely within the 65-70 dB DNL Noise Zone Apply only to discretionary development applications and NOT to by- right development November 13, 2007 - 16 - CITY MANA GER'S BRIEFING NOISE ZONE 65-70 dB DNL DEVELOPMENT ITEM # 57030 (Continued) Deputy City Attorney Macali displayed a map of the three (3) sub-areas: Sub-area 1 (Green), Sub-area 2 (Yellow) and Sub-area 3 (Red). These areas correspond to the areas of the City where the Navy has expressed differing levels of concern regarding incompatible development. Development standards differ in each sub-area. Green is least restrictive, red is most restrictive and yellow is in between. It is important to keep in mind that in the 65-70 dB DNL Noise Zone, the only significant "Incompatible" uses are Residential. Residential uses include single-family, duplex and multiple-family dwellings, hotels/motels, mobile homes, dormitories and other group quarters. One minor exception is amphitheatres. However, it is unlikely there will be another amphitheater. Deputy City Attorney Macali displayed slides reflecting the standards that apply in each sub-area and provided examples of how the new standards would be applied. When the Ordinance is ADOPTED by City Council, all of the areas will be mapped. Standards in Sub-Area 1 Discretionary development applications for residential uses may be granted only if the City Council finds that the proposed development: Conforms to the applicable provisions of the City Zoning Ordinance, including all requirements of the new zoning district; and Conforms to the applicable provisions of the Comprehensive Plan, including the Oceanfront Resort Area Plan, Laskin Road Gateway Design Guidelines, Old Beach Design Guidelines or Oceanfront Resort Area Design Guidelines Sub-Area 1 Scenario · Vacant parcel zoned A-24 Apartment · Size: 100,000 SF or 2.3 Acres Change of zoning to RT-3 proposed to develop site for mixed-use project with 40,000 square feet of commercial space and 82 condominium units Mr. Macali shall provide cleaner maps depicting the streets (1) ". . . conforms to the applicable provisions of the City Zoning Ordinance, including all requirements of the zoning district. " · RT-3 Allows 36 du/acrefor multifamily dwellings if: Development meets Resort Area Design Guidelines, and Development parcel is at least 60,000 square feet · Proposed development: Will meet the provisions of the Resort Area Design Guidelines Parcel is 100,000 square feet November 13, 2007 - 17 - CITY MANA GER'S BRIEFING NOISE ZONE 65-70 dB DNL DEVELOPMENT ITEM # 57030 (Continued) (2) ". . . conforms to the applicable provisions of the Comprehensive Plan, including, without limitation, the Oceanfront Resort Area Plan, Laskin Road Gateway Design Guidelines, Old Beach Design Guidelines or Oceanfront Resort Area Design Guidelines. " · Resort Area Plan recommends: Mixed-use development with commercial on lower floors facing primary arterial roadway and residential dwellings above; Parking should be integrated with project. Proposed development: Mixed-use within one building; 40,000 square feet of commercial on first two floors facing primary arterial roadway and residential dwellings above; Parking is contained within a garage located on the interior of lot behind buildings The proposed development is consistent with the requirements of the RT-3 District and Comp Plan. The rezoning may be approved by the City Council. Standards in Sub-Area 2 Discretionary development applications for residential uses may be granted only if the City Council finds that the proposed development: Is at a density similar to or lower than that of surrounding properties having a similar use and no greater than recommended by the Comprehensive Plan; and Conforms to the applicable provisions of the Comprehensive Plan, including the P. A. Corridor Study, Princess Anne Commons Design Guidelines, or Mixed Use Development Guidelines The Navy would not forward correspondence. The proposed application is reviewed by the Memorandum of Understanding Committee who would decide whether the application meets those requirements. ThOD Committee wouldforward a letter. Sub-Area 2 Scenario · Vacant parcel zoned AG-1 & AG-2 Size: 30 Acres Change of Zoning to R-15 Residential proposed to develop site for 65 single-family dwellings "....at a density similar to or lower than that of surrounding properties having a similar use and no greater than recommended by the Comprehensive Plan. " · Surrounding land use consists of single -family dwellings at 3 units/acre and zoned R-10 Comprehensive Plan identifies site as part of the Primary Residential Area Comp Plan only says that density should be similar to surrounding property · Proposed development: Is at a density of 2.17 units per acre, below the density found in the surrounding area November 13, 2007 - 18 - CITY MANA GER'S BRIEFING NOISE ZONE 65-70 dB DNL DEVELOPMENT ITEM # 57030 (Continued) ". . . conforms to the applicable provisions of the Comprehensive Plan, including, without limitation, the Princess Anne Corridor Study, Princess Anne Commons Design Guidelines, or Mixed Use Development Guidelines. " · Comprehensive Plan identifies site as part of the Primary Residential Area Plan encourages high-quality design and building materials · Proposed development: - Meets the guidance of the Comprehensive Plan pertaining to land use and density Consists of Colonial-style, 2-story homes with brick exteriors, two-car garages, and at least 3,000 square feet offloor area Development meets density restrictions and quality criteria of Comprehensive Plan; and, therefore may be approved by the City Council Standards in Sub-Area 3 Vacant parcel zoned R-7.5 Residential Size: 1.8 acres (by-right development potential 6 single-family dwellings) · Change of Zoning to A-I2 Apartment proposed to develop site for 10 multiple-family "...no application for a residential use shall be approved unless the City Councilfinds that no reasonable non-residential use can be made of the property, in which event the City Council may allow the proposed residential use of such property at the lowest density that is reasonable. " Given the size, shape and location of the property, there is no reasonable non-residential use that can be made of the property However, ten units is not the lowest residential density that is reasonable. Since the by-right potential is 6 units, that would be the lowest reasonable density Redevelopment The ordinance's provisions on redevelopmentfor residential purposes apply in ALL 3 Noise Zones, not just the 65-70 dB DNL Noise Zone They essentially follow the Memorandum of Understanding, which says that the Navy will not object to residential development where density remains the same or is reduced November 13, 2007 - 19 - CITY MANA GER'S BRIEFING NOISE ZONE 65-70 dB DNL DEVELOPMENT ITEM # 57030 (Continued) Redevelopment Standards In a discretionary development application where the proposed dwelling unit density is the same as or lower than the actual dwelling unit density existing at the time, the application is submitted, the application is exempt from the ordinance This means that a proposed rezoning or CUP in which the residential density would be the same or reduced does not have to meet the standards applicable in Sub-Areas 1,2 or 3, as the case may be It DOES NOT mean that the application must be approved by the City Council. City Council may deny it just as it may deny any other application. It onlv means that the AICUZ-related standards do not !B211lJ!. For example: Lot is zoned A-12 Apartment and is within Sub-Area 3 of the 65-70 dB DNL Noise Zone Lot is 10 acres in size There are 100 existing dilapidated apartment units on the lot Application is for a rezoning to R-10 to build 30 single-family dwelling units to replace the existing units Because the density will be reduced, is a rezoning needed? The answer is YES. The proposed ordinance does not change the needfor a rezoning under anv circumstances. However, the applicant does not have to show that residential is the only reasonable use of the property, since under the proposed amendment, a reduction in density means that the AICUZ Overlay Ordinance provisions do not apply The City Council simply decides the application on the basis of non-AICUZ factors Every single application will be reviewed by the Memorandum of Understanding (MOU) Committee Action November 20, 2007 November 27,2007 Early December December 14,2007 January 2008 Advertising deadline for December Planning Commission Refer to Planning Commission Planning Commission Workshop Planning Commission Public Hearing and Vote Council Public Hearing and vote November 13, 2007 - 20- CITY MANA GER'S BRIEFING NOISE ZONE 65-70 dB DNL DEVELOPMENT ITEM # 57030 (Continued) BY CONSENSUS, the Ordinance re NOISE ZONE 65-70 Db DNL Development shall be ADVERTISED for the December 14,2007, Planning Commission Agenda. A referral resolution shall be scheduledfor the November 27, 2007 City Council Session Ordinance to AMEND Sections 405, 1802, 1803, 1804, 1805, 1806 and 1807 of the City Zoning Ordinance (COZ), establishing restrictions on Development of property within the 65-70 dB DNL noise zone and Interfacility Traffic Area and adding provisions pertaining to redevelopment of property in Air Installations Compatible Use Noise Zones November 13, 2007 - 21 - CITY COUNCIL LIAISON REPORTS 4:03 P.M. ITEM # 57031 Council Lady Wilson and Councilman Villanueva, Liaisons JOINT CITY/SCHOOL MODERNIZATION COMMITTEE, advised they attended the Committee meeting last Monday, October 29, 2007, and distributed a copy of the report, which is herby made part of the record. The focus of this meeting was to receive a briefing from Tony Arnold, Director of Facilities, Planning and Construction for Virginia Beach City Public Schools (VBCPS). This briefing provided a summary of the Infrastructure Maintenance, Modernization and Replacement requirements. Mr. Arnold provided an overview of the completed projects from 1996 through 2006 and those projects currently under design and construction. Currently in construction are Newtown Elementary School and the Renaissance Academy representing a combined investment of $65-MILLION. Projects under design are Virginia Beach Middle School, Windsor Oaks Elementary School and Great neck Middle School. Mr. Arnold's presentation highlighted the results of the recently completed facility infrastructure assessment performed by consultants DEJONG and HBA. Within the Long Range Facilities Master Plan is the recommendation to support the modernization/replacement of thirty (30) schools, subdivided into four (4) phases The construction costs plus 25% (design, site preparation, relocation and Furniture, Fixtures and Equipment) of these four phases are: Phase I = $425-MILLION; Phase II = $377- MILLION; Phase III = $405-MILLION; Phase IV = $UO-MILLION for a total of $1.35-BIILLION. The School attendees were not prepared to discuss their fiscal strategy regarding requesting a referendum. The Chief Financial Officer, Farrell Hanzaker, stated their initial intent was to determine City Council's willingness to add an inflation accelerator to the current $60-MILL10N per annum Capital Improvement Program received by Virginia Beach City Public Schools.. The meeting concluded with a consensus that extensive discussions need to follow and that it would be informative if Virginia Beach City Public Schools would provide an Executive Summary type briefing following the Five Year Forecast during the co-City Council/School Board meeting scheduled for November 20, 2007. November 13, 2007 - 22- CITY COUNCIL COMMENTS ITEM # 57032 Councilman Dyer referenced City Council referred a gentleman, Stephen Donatone, a resident of Middle Plantation who spoke concerning being harassed by dogs, to the Citizens' Advisory Committee. Mr. Donatone spoke on November 6, 2007, during City Council's Open Dialogue Session. One of the most valuable assets available to the Police Department in keeping any neighborhood safe is the cooperation of alert, concerned residents. The meetings provide a formalized process facilitating citizen and community cooperation with the Police. Councilman Dyer distributed brochures, noting the dates, times and locations of the monthly meetings re the First, Second, Third and Fourth Police Precinct. ITEM # 57033 Councilman Dyer advised Level Green has scheduled a Gang Prevention Meeting at College Park Elementary School, November 17,2007, Saturday, 10:00 A.M. ITEM # 57034 Councilman DeSteph referenced the wonderful Veterans Day Parade and Memorial Services, Monday, November 12, 2007. Our City Clerk, Ruth Hodges Fraser, presented an inspiring Invocation, touching the hearts and brought tears to many individuals. ITEM # 57035 Mayor Meyera and Roger Oberndorf, Council Members DeSteph, Dyer and Wilson attended the Lynnhaven House on Sunday, November 11, 2007, with the Brunswick stew and Oysters. This was in appreciation to the City Council for their commitment to the preservation of historic houses. ITEM # 57036 Councilman DeSteph attended the Conservationist of the Year Oyster Roast, at Back Bay Farms, home of Gene Hansen this past weekend ITEM # 57037 Councilman DeSteph referenced the Tidewater Builders Association Home Show last week at the Convention Center. ITEM # 57038 A Spaghetti Dinner at Holy Family Church, will be held Friday, November 16, 2007, to honor VETS HOUSE. November 13, 2007 - 23 - CITY COUNCIL COMMENTS ITEM # 57039 Mayor Oberndorf, referenced the event at the Sandler Center for the Performing Arts Events, on Monday November 12, 2007. The following Virginia Beach School groups performed in various parts of the Center: Kempsville High School Chorus North Landing Elementary Choir Pembroke Meadows Elementary School Singing Panthers Choir Old Donation Center Chime Choir Kempsville High School Dream Catchers Lynnhaven Elementary New Castle Elementary Parkway Elementary Ocean Lakes High School The enthusiastic response of the children, parents and grandparents was inspiring. ITEM # 57040 Council Lady Henley advised the Senior Resource Center had coffee for veterans. Together, the students of Creeds Elementary School (next door) and the Veterans conducted aflag raising. ITEM # 57041 Mayor Oberndorf announced good news! The State Health Commissioner has reopened more than 1,000 acres of the Lynnhaven River oyster beds after decades of being closed Today, September 13, 2007, the State Health Commissioner signed orders allowing eight hundred forty-seven (847) acres in the Lynnhaven Bay, three hundred seventy-three (373) acres in Broad Bay and two hundredforty-two (242) acres in Linkhorn Bay to be reopened to direct marketing of shellfish. Mayor Oberndorf expressed appreciation to Charles Meyer, Chief Operating Officer, for Chairing the Citizens Advisory Committee who assisted in this effort. November 13, 2007 - 24- AGENDA RE VIE W SESSION 4:47 P.M. ITEM # 57042 Mayor Oberndorf distributed: Resolution naming the "William "Billy" Myer, Sr. Veterans Memorial Park" Mr. Meyers helped establish the Veterans Memorial Park as a tribute to Veterans of all wars and current military personnel. Mr. Meyers passed away on November 9, 2007. Mayor Oberndorf requested this item be ADDED to the Agenda. Council Lady Henley referenced the recent passing of several of the Cities' committed citizens. Jerry Lake, who had been so instrumental raising funds for BizNet recently passed away. Messrs Meyers and Lake were wonderful citizens, great role models. ITEM # 57043 Councilman Villanueva distributed: Ordinance to AMEND Section 212 of the City Zoning Ordinance, (CZO) pertaining to vehicles used/or advertising Admobiles, owned by AHR Communications, requested they be allowed this operation as more than 50% of their advertising business is dedicated to non profit organizations. Councilman Villanueva requested this Ordinance be REFERRED TO THE PLANNING COMMISSION to be discussed by the Planning Commission during their December Session. The City Attorney suggested a Resolution be composed to REFER the Ordinance BACK TO THE PLANNING COMMISSION. Council Members expressed concern and advised the citizens need to present their comments. Councilman Villanueva concurred with a Public Hearing. The City Attorney was concerned with the legal sufficiency of the particular ordinance. Deputy City Attorney Macali shall prepare a Resolution DIRECTING the Planning Commission to study the issue of Mobile Advertising in the City and to transmit its recommendations on such issue to the City Council. November 13, 2007 - 25 - ITEM # 57044 BYCONSENSUS, thefollowing items shall compose the CONSENT AGENDA: K. RESOLUTION/ORDINANCES 1. Resolution to AUTHORIZE the City Manager to execute a $100,000 Grant application to the Virginia Land and Water Conservation Fundfor purchase of 14. 7 acres in the Lake Lawson and Lake Smith natural areas re Open Space Acquisition 2. Ordinance to A UTHORIZE the City Manager to execute a Deed of Conveyance of two lots to the School Board re the new Virginia Beach Middle School site 3. Ordinance to ACCEPT a donation of artwork from Dr. Deborah Wood to be installed in Central Park at Town Center 4. Ordinance to APPROPRIATE $14,690,129 in FY 2006-07 School Reversion Funds to various accounts in the FY 2007-08 School Operating and Capital Budgets ITEM # 57045 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA L. PLANNING 1. Application of NEW GENERATION WORSHIP CENTER for a Conditional Use Permit re a church at 6200 Pardue Court DISTRICT 2 - KEMPSVILLE 2. Application of J.D. WILLIAMS CONSTRUCTION, INC. for a Chanfle of Zoning District Classilicationfrom R-15 Residential District to AG-2 Agricultural District to allow for a structure of 41.5 feet in height at 2672 Highland Drive DISTRICT 1 CENTERVILLE 3. Applications of TROY SCOGGIN at 2310 Princess Anne Road DISTRICT 7- PRINCESS ANNE a. Variance to f5B of the Site Plan Ordinance, Floodplain Regulations, re parking lot improvements b. Change ofZoninfl District Classification from R-20 Residential District to Conditional 0-1 Office District 4. AMEND ~f 111 and 205 of the City Zoning Ordinance (CZO) to define "major recreational equipment" and RESTRICT the locations where such may be stored November 13, 2007 - 26- ITEM # 57046 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 of, 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)(I) Council Appointments: Boards, Commissions, Committees, Authorities and Agencies PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition, or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711 (A)(3). Acquisition/Disposition of City Property: Bayside District Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 4: 54 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 *The City Manager and Chief Deputy City Clerk were excused at 5:25 P.M for a Personnel Matter (Break: 4:54 P.M. - 5:10 P.M.) (Closed Session: 5:10 P.M. - 5:25 P.M.) (Closed Session: Personnel Matter: 5:25 - 5:40 P.M.) (Dinner: 5:40 P.M. - 6:00 P.M.) November 13, 2007 - 27 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL November 13,2007 6:06 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, October 9, 2007, at 6:06 P.M Council Members Present: 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 Absent: None INVOCATION: Reverend Robert Sharp, Pastor Charity United Methodist Church 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 1 0, 2007, is hereby made a part 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 a part of the record. November 13, 2007 - 28 - 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 a part of the record. November 13, 2007 - 29- Item V-Eo CERTIFICATION OF CLOSED SESSION ITEM # 57047 Upon motion by Councilman Dyer, seconded by Councilman DeSteph, 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: 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 November 13, 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 # 57046, Page 26, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW; THEREFORE, BE IT RESOL VED: 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. ~~~'-.1..~_ -../ uth Hodges Fraser, MMC City Clerk November 13, 2007 - 30- Item V-F.] CERTIFICATION OF CLOSED SESSION ITEM # 57048 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of November 6,2007. 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 November 13, 2007 - 31 - Item V-G.J. MAYOR'S PRESENTATION ITEM # 57049 MAYOR'S YOUTH COUNCIL Mayor Oberndorf introduced the young adults present, each being selected by their particular Virginia Beach School to be a representative of the Mayor's Youth Council. Over thirty (30) young adults were present. Recommendations are made by their Principals, Guidance Counselors and Teachers. Each member was recognized and presented with the gift of a City Seal pin by Mayor Oberndorf November 13,2007 - 32 - Item V-H.I. ADOPT AGENDA FOR FORMAL SESSION ITEM 57050 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION ADDED: Resolution naming the "William "Billy" Myer, Sr. Veterans Park" Resolution DIRECTING the Planning Commission to study the issue of mobile advertising and transmit recommendations to City Council November 13, 2007 - 33 - Item V-H.i. ADD-ON ITEM 57051 Upon motion by Vice Mayor Jones, seconded by Councilman Diezel, City Council ADDED to the Consent Agenda as Item 5: Resolution naming the "William "Billy" Myer, Sr. Veterans Park" 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 November 13, 2007 - 34 - Item V-H.2. ADD-ON ITEM 57051 Upon motion by Councilman Villanueva, seconded by Councilman DeSteph, City Council ADDED to the Consent Agenda as Item 6: Resolution DIRECTING the Planning Commission to study the issue of mobile advertising and transmit recommendations to Council Voting: 8-3 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, John E. Uhrin, Ron A. Villanueva, Rosemary Wi~onand JamesL. Wood Council Members Voting Nay: Barbara M Henley, Mayor Meyera E. Oberndorf and Reba S. McClanan, Council Members Absent: None November 13, 2007 - 35 - Item v.J.J. PUBLIC HEARING ITEM 57052 Mayor Oberndorf DECLARED A PUBLIC HEARING: SCHOOL CAPITAL PROJECTS\ There being no speakers, Mayor OberndorfCLOSED THE PUBLIC HEARING November 13, 2007 - 36 - Item V.J.2. PUBLIC HEARING ITEM 57053 Mayor Oberndorf DECLARED A PUBLIC HEARING SOLID WASTE DISPOSAL FLOW CONTROL The following registered to speak in SUPPORT: John Hadfield, Executive Director - Southeastern Public Service Authority (SPSA), Regional Building Chesapeake, Phone: 420-4700 Attorney Glenn Croshaw, 222 Central Park Avenue, Suite 1500, one of two (2) Counsels to the Southeastern Public Service Authority (SPSA) James F. Babcock, 1461 Laurel View Drive, Phone: 488-0120, Member - Southeastern Public Service Authority (SPSA) Business Advisory Council. William C. Bischoff, 512 Bushnell Drive (DID NOT ANSWER THE CALL TO SPEAK) Martha McClees, representing Virginia Beach Vision, Inc., Phone: 499-7003, presented a letter from Virginia Beach Vision, Inc., requesting DEFERRAL of any formal consideration of the proposed Flow Control Ordinance at this time. Said letter dated November 13, 2007, is hereby made a part of the record. The following registered in OPPOSITION: Rob Bradham, 6381ndependence Parkway, Chesapeake, Phone; 473-8701, represented the Commercial Real Estate Council of Hampton Roads. Most, if not all, of the commercial real estate brokerage firms are members of the Commercial Real Estate Council (CREC) Tad Phillips, 1765 Greensward Way, Phone; 496-3899, represented the Virginia Waste Industry Association and is an employee of Allied Waste. Mike Dobson, 4273 Hattons Point Lane, Portsmouth, Phone: 484-1345 Rodney Williamson, 2528 Farmworth Trail, Phone: 427-9507 Robert Clendenin, 2217 Arklow Road, Phone: 430-1073, employee- Waste Management of Virginia Steve Lawson, President - Lawson Companies, an apartment management company, 373 Edwin Drive, Phone: 499-6161 Michael Devine, 5605 Quarterpath Gate, Phone: 640-2214, represented Tidewater Multifamily Housing Council (TMHC) and is an employee - s.L. Nusbaum Realty Company November 13, 2007 - 37 - Item V.J.2. PUBLIC HEARING ITEM 57053 (Continued) Rob Stanton, 1000 Bank of America Center, Norfolk, Director - Shopping Center Management for S. L. Nusbaum Realty. Mr. Stanton represented to owners of over forty (40) shopping centers throughout the State William Halprin, 1000 Bank of America Center, Norfolk 23516, Phone: 640-2232, Senior Vice President - S. L. Nusbaum, Multifamily Housing Council Craig Cope, 1009 Caton Drive, Phone: 481-5567, represented the Liberty Property Trust There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING November 13, 2007 - 38 - Item v.K. RESOLUTION/ORDINANCES ITEM #57054 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION Resolution/Ordinances 1,2,3,4,5 (ADDED) and 6 (ADDED) of the CONSENT AGENDA. Voting: 11-0 (By Consent) 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 Mayor Oberndorf and Council Members Henley and McClanan voted a VERBAL NAY on Item 6 (ADD- ON) (Resolution DIRECTING the Planning Commission to study the issue of mobile advertising and transmit recommendations iCOUnci') ~ November 13, 2007 - 39 - Item v'K.l. RESOLUTION/ORDINANCES ITEM #57055 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution to AUTHORIZE the City Manager to execute a $100,000 Grant application to the Virginia Land and Water Conservation Fundfor purchase of 14. 7 acres in the Lake Lawson and Lake Smith natural areas re Open Space Acquisition Voting: 11-0 (By Consent) 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 November 13, 2007 1 A RESOLUTION TO EXPRESS SUPPORT FOR A VIRGINIA 2 LAND AND WATER CONSERVATION FUND GRANT 3 APPLICATION FOR LAND PURCHASE TO PROVIDE 4 ADDITIONAL NATURAL AREAS IN THE CITY OF VIRGINIA 5 BEACH 6 WHEREAS, the Department of Conservation and Recreation (DCR), provides funds 7 up to $100,000 to assist political subdivisions of the Commonwealth of Virginia in acquiring 8 and developing open space and park lands; and 9 WHEREAS, this area is deemed of high acquisition and development priority by the 10 Virginia Beach City Council for open space and park land and shall be referred to as Lake 11 Lawson and Lake Smith Natural Area; and 12 WHEREAS, in order to attain funding assistance from DCR, it is necessary that the 13 Virginia Beach City Council guarantee that the City will provide a minimum of fifty (50) 14 percent of the purchase price and that the funding is available. 15 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 1. That James K. Spore, City Manager, or his designee, is hereby authorized to 18 execute for and in behalf of the City of Virginia Beach, a public entity established 19 under the laws of the State of Virginia, this application and cause such 20 information or materials as may be necessary to be provided to the Department 21 of Conservation and Recreation (DCR) and to enter into such agreements as 22 may be necessary to permit the formulation, approval and funding of the Lake 23 Lawson and Lake Smith Natural Area Project; and 24 2. That the City of Virginia Beach gives its assurance that the General Provisions 25 of the Land and Water Conservation Fund Act (L&WCF) and the fiscal 26 procedures will be complied with in the administration of this project; and 27 3. That the City of Virginia Beach will operate and maintain the public recreation 28 facility in good condition and will provide permanent project acknowledgement 29 signs of the participating funding agencies and that this signage will clearly state 30 that the said facility is a "public" recreational facility; and 31 4. That the City of Virginia Beach shall dedicate the metes and bounds of the Lake 32 Lawson and Lake Smith Natural Area properties, in perpetuity, for public 33 outdoors recreational purposes in accordance with the Land and Water 34 Conservation Fund (L&WCF) Act; and 35 5. That the City of Virginia Beach gives its assurance that all other applicable 36 federal and state regulations governing such expenditure of funds will be 37 complied with in the administration, development, and subsequent operation of 38 this Lake Lawson and Lake Smith Natural Area; and 39 6. That the Department of Conservation and Recreation is respectfully requested to 40 assist in approval and funding of the Lake Lawson and Lake Smith Natural Area 41 Project in order to enhance the standard of public recreational enjoyment for all 42 our citizenry. Adopted by the Council of the City of Virginia Beach, Virginia on the 13th day of November 2007. Approved as to Content: Approved as to Legal Sufficiency: JJaNJ U - \1 -, Management Services CA 10530 R-1 October 31, 2007 History of the Lake Lawson and Lake Smith Natural Area Initiative In 2001, a citizen advocacy group comprised of several civic organizations surrounding Lake Lawson and Lake Smith in the Bayside area (known as Friends of Lake Lawson and Lake Smith) approached City Council requesting that the City preserve all of the property owned by the City of Norfolk in the area. It was within that same time frame that the City had just settled on the Stumpy Lake acquisition with Norfolk. Due to the development-potential of Norfolk-owned property in the City, staff was directed to inventory all Norfolk-owned land and develop a recommended disposition for the properties. Parks and Recreation staff inventoried all Norfolk-owned real estate located in Virginia Beach. The name, size, location and disposition of current or formerly Norfolk-owned real estate in the City are provided below. As outlined above, the City has since acquired 6.7 acres along Lake Lawson in January 2005 and 15.4 acres on Lake Smith in June 2006 from the City of Norfolk as part of its Open Space Acquisition Program. The City did not pursue the acquisition of the remaining 14.8 acre Norfolk-owned property to southwest of the Lake Smith site at the time because it did not have preferable access for development. Consequently, it was likely that the site would remain preserved for the foreseeable future. However, several changes have occurred over the past year regarding the 78-acre Sajo Farms tract to the southwest of the site. The remaining owner, Ursula Jones, passed away in November 2005 and the entire tract was sold to Terry-Peterson Residential and Napolitano Homes for a potential residential development. Since new roads will access the subject site there is greater pressure for the subject site to be developed. The Northwest Beach Partnership has realized the development pressures pending in the Lake Lawson and Lake Smith areas and has recommended that the City pursue acquiring portions of the Sajo Farms site as well as the remaining 14.74 acre Norfolk- owned site. The City of Norfolk's Department of Public Utilities has indicated an interest in selling its remaining real estate in the Lake Lawson/Sajo Farms area as long as it is for preservation and recreation purposes. One of the last large vacant tracts of land in the Bayside District (District), Sajo Farms, is now being developed for a residential mixed-use project. Adjacent to this tract of land, the City of Norfolk owns 14.70 acres next to Lake Lawson. The Norfolk property can be developed today, by right, with single family homes and due to the tracts having considerable lake frontage, the likelihood of Norfolk's being able to sell this tract for development is very good. The Open Space Subcommittee endorsed the acquisition of the subject 14.74 acre site during the closed session of its October 23, 2006 meeting, citing the consistency with the preservation strategy for the Lake Lawson and Lake Smith natural areas that has been implemented over the past five years. t .E t ;; j i ! ! f DD t f .E I t t II - ~ H !~ ~.iii u~ < u,,~ I~ ;~5 ~:~~(SQi ;il Hi :~ ~8~ ~~ ~~~ 5i~ I~ @ e ~ ~ ei J Je wd60:Z1 '900& '90 Jaqol:>O AOP.u.:J -- DMp.SDaJO DUIPunoJJns puo UOSMD/ a>/D7\ls!7 fJo!l!s!nb:>t( AlJadoJd d08l\\sl:)a(o.Jd\olOG d>#8\Juawdof9A8(} puo U6!SBO\:X - 40- Item V.K.2. RESOLUTION/ORDINANCES ITEM #57056 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AUTHORIZE the City Manager to execute a Deed of Conveyance of two lots to the School Board re the new Virginia Beach Middle School site Voting: 11-0 (By Consent) 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 November 13, 2007 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A DEED CONVEYING THE 3 CITY'S INTEREST IN A PORTION OF THE VIRGINIA 4 BEACH MIDDLE SCHOOL SITE TO THE SCHOOL 5 BOARD 6 WHEREAS, based upon the title examination performed on the Virginia Beach 7 Middle School site (the "School Site") in connection with the Virginia Beach Middle 8 School Replacement Project, CI P 1-234, it was determined that a portion of the School 9 Site is owned by the School Board of the City of Virginia Beach and a portion of the 10 School Site is owned by the City of Virginia Beach; 11 12 WHEREAS, the portion of the School Site owned by the City of Virginia Beach 13 consists of two (2) lots, described as Lots 17 and 18 in Block 135 on the plat of 14 Ridgecrest recorded in Map Book 7, at page 101 ; 15 16 WHEREAS, Virginia Code 922.1-125 requires that title to all school property be 17 vested in the School Board absent an agreement with the City to the contrary; 18 19 WHEREAS, it is appropriate that title to that portion of the School Site which is 20 owned by the City be transferred to the School Board. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Manager is hereby authorized to execute a deed conveying to the 26 School Board that portion of the Virginia Beach Middle School site owned by the City. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day 29 of November, 2007. CA-10331 v' \applications\citylawprod\cycom3 2\ Wpdocs\D002\P002\00041260 DOC R-1 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~J &~~ Ipublic Works/Real Estate Ittaj. 4. tliuJ-UN City Attorney's Office ..... 1.1 \ "-- 2417.89.4595 2417.89.1441 "'. ...................... --~ ...... ...... ."'_____ .......1 "..... ________c--......:..:,-------" ..",...~~........ 8-370. I -."................ '. '. " : II ...... I"n I I r .... .... ,~1 i \ "'4 j I ' "fl.: / ! :1 i Ii! : '}'" J """" [lit I; ! '"'' . .! / ..... / / / . ',.JI i / .... / ~ " o o N '" I U a:: <l: ~ II III ..,j o o ::r:: o en w ..,j C ~z ~4( ..,j ::r::A. Ow <= wen CIa 4(~ - en ~O C)A. ~O -~ >A. II - 41 - Item V.K.3. RESOLUTION/ORDINANCES ITEM #57057 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to ACCEPT a donation of artwork from Dr. Deborah Wood to be installed in Central Park at Town Center Voting: 11-0 (By Consent) 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 November 13, 2007 1 AN ORDINANCE TO ACCEPT A DONATION OF 2 ARTWORK FROM DR. DEBORAH WOOD TO BE 3 INSTALLED IN CENTRAL PARK AT TOWN CENTER 4 5 WHEREAS, Dr. Deborah Wood ("donor") has offered to donate to the City of 6 Virginia Beach a bronze sculpture by the nationally-known artist, Gary Alsum, which she 7 had commissioned for her husband; and 8 9 WHEREAS, the sculpture, entitled "The Kiss," is fifty-two inches (52) in height, 10 fifty-eight (58) inches wide and thirty-two (32) inches deep and is cast in museum- 11 quality silicon bronze; and 12 13 WHEREAS, the donor has agreed to pay for installation; and 14 15 WHEREAS, since the sculpture is cast in bronze, there are no long-term 16 maintenance concerns; and 17 18 WHEREAS, pursuant to Administrative Directive 6.06, the Public Art Committee 19 of the Virginia Beach Arts and Humanities Commission ("VBAHC") reviewed the 2 0 proposed sculpture donation and possible sites for installation; and 21 2 2 WHEREAS, after review and discussion with City staff, the VBAHC 23 recommended that the City accept the sculpture and that it be installed in Central Park 24 at the Virginia Beach Town Center, adjacent to Columbus Street. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA THAT: 28 29 The City Council hereby accepts the donation of artwork entitled "The Kiss" from 30 Dr. Deborah Wood and directs that such artwork be installed in Central Park at Town 31 Center. 32 33 Adopted by the City Council of the City of Virginia Beach, Virginia on this1 3th 34 day of NmH=>mnPT ,2007. <:'" APPROVED AS TO LEGAL SUFFICIENCY: APPROVED AS TO CONTENT: .A lL.lfc '>4/'-.___ City Attorne Office CA 10585 November 8, 2007 R2 ~ / . .1;.l '" \. _* a Jijt?; . t'< " u . ~~ :?1~ . it -,0:..\0 "!I '. ~"""""~"'_4_""'_~~_~~._"",~"",,--__~__ -... -------~-------,l , I 1 I :~ ., :i ::i , l~: Ii r l "S: , BLOCK I 10 ," , , \ I / , / U I , .,---------1--.------ . ~ " , . ;00;.0 ,-"""-"_ ."....i~"''''' -"I.............. ........,.______~__ .:~ r. ~ ~f6 Wi1 .{)J ~ ;: ~~ . ) ...... ~~ ~;.. .. il .... "" .. c:----- BLOiCK 9 ~ "",. ...", .,. ~ i I ~ I- W W Ol t- ~ ~ :J [fi :2 :J -1 o ~ --- ~- - - " " I I I I ( I I J I I I I I I I I I I '"' II \ \ "- " " "-.._--"-. ...., .... "- "- "- '\ \ ~ r==i \ 1 I i I ! i I ~ 1 .. f , i i t ! - -1 - I , ! . I . l -~~'1 I ~~ 1 i 4 , l \ : I f I ! i I I I ! i i I I ;'.;i;-~ """'" -- II ,- ....-" II~ ~'..;\.{"'"' ",_,::;;,..,,"f' .~ \ ?\ I ~ '-'- - -"'- , , \ '" ,'i,.q. , GARY ALSUM COMMlS.C;IONS AND PtJIlLIC ART PLACEMENTS: 2005 '1azz", City of Edmond "Patriots", Veterans' Memorial Park "Arrrgh!", Pirate's Cove Water Park "Saluting a Hero", Fontana Memorial Park "New Adventures", City of Clinton "Giant Steps", City of Springdale "Jazz", Benson Park Sculpture Garden "Giddy Up", Private Commission, Public Park placement, City of Boulder "Picture Books", Weld County District Library "Promenade", Malley Senior Center "Promenade", Senior Center "Giant Steps", City of Edmond "New Adventures", City of Keensburg "Reunion" Firefighter Memorial, City of Thornton "Jack & Co." 16'h Fountain, Na'aina Kai Botanical Gardens "Brittany", "Cherished Memories", "New Adventures", City of Thornton "New Adventures", Windsor Elementary School "Steps to Success", Southeast Tennis & Learning Center "Jazz", City of Iowa City "Joy", City Of Honolulu "Giant Steps", "Frog Legs", Na'aina Kai Botanical Gardens "New Adventures", Upper Iowa University "New Adventures", University of Colorado Nursing School "New Adventures", Traut Elementary School "Appalachian Dance" -Five Figures, City Of Asheville " And... They're Off!", Home State Bank Multiple Purchases, City of Oxnard "Harmony", American Stores, Jne. "Proceed With Caution", City of Palm Desert "Picture Books", "Frog Legs", City of Glendale "Grandpa's Workbench", Deines lumber "And... They're Offl", "Giant Steps", Greenfield Village "Grandpa's Workbench", Public Display Committee RESUME EDUCA nON: 1984 1975-79 1975 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 Life Drawing, University of Northern Colo:rado BA Dordt College Graduated, Denver Christian High School CORPORATE COLLocnONS: American Stores, Ine Diamond Vogel Paints Donahue Foundation Dordt College Edgewood Ranch Endowment Freedom Group Phillips Petroleum PROPr,ssIONAL MEMBERSHIPS: Allied Artists of America National Sculptors' Guild Greeley, CO Sioux Center, IA Denver, CO Edmond, OK Le Mars, JA Englewood, CO San Jose, CA Clinton, MI Springdale, AR Loveland, CO Boulder, CO Greeley, CO Englewood, CO Santa Fe Springs, CA Edmond, OK Keensburg, CO Thornton, CO Kilauea, Haua'i, HI Thornton, CO Windsor, CO Washington, DC Iowa City, IA Honolulu, HI Kilauea, Haua'i, HI Fayette, IA Colorado Springs, CO Fort Collins, CO Asheville, NC Loveland, CO Oxnard, CA Salt Lake City, UT Palm Desert, CA Glendale, AZ Loveland, CO Denver, CO Holland, MI Salt Lake City, UT Orange City, IA Denver, CO Sioux Center, IA Orlando, FL Bradenton, FL Bartlesville, OK Since 1999 Since 1992 . TIIF NATION,\L S(:I}LI'TOR~' GUILD" GARY AL:l!.lM .. . 26&3 N TA1:T .\VENIJE . 1.0Vr~LAr--;D, COLORADO 80538 . 1)70667 2015 .. .. w w \\' . '\J AT 1 U N 1\ L S I: l.l L I' 'f () R S 1... IJ l L D ' C (1 'A .. Il ^ X {J 7 () . () 67. 206 8- ,. :-.J:; c (4; eeL lj M H I N h N q~ I: () M . SF.LECTED ExHlIl1'110NS: 1994-06 1998-06 2002 1992-01 1998,00 1995 1994 1993 1992 1991 1988-91 1990 1989 1988-89 1988 National Sculptors' Guild Annual Exhibition Sculpture in the Park, National Juried exhibition Two-Person Show, Columbine Galleries Colorado Governor's Invitational Allied Artists of America Annual Exhi bitions Solo-Show, Columbine Galleries The Shining Mountains, Foothills Art Center Allied Artists of America Annual Exhibi tions Solo-Show, Home State Bank EI Paseo Exhibition Danada Sculpture Show Art in the Park, Warren Place "The Art of Celebrating", Invitational Show Danada Sculpture Show Strokes of Genius, Scottsdale Artists' School Allied Artists of America Annual Exhibitions North American Sculpture Exhibition Best and Brightest, Scottsdale Artists' School Sweetheart City Sculpture Show Allied Artists of America Annual Exhibitions Colorado Art Open North American Sculpture Exhibition Best and Brightest, Scottsdale Artists' School Poudre Valley Art League Regional Exhibit Art Burst 1988 "HARMONY" AMERICAN SroRES INC.-SAL TLAKE CiTY, UT Loveland, CO Loveland, CO Loveland, CO Loveland, CO New York, NY Loveland, CO Golden, CO New York,. NY Loveland, CO Palm Desert, CA Chicago, IL Tulsa, OK Fort Collins, CO Chicago, IL Scottsdale, AZ New York,. NY Golden, CO Scottsdale, AZ Loveland, CO New York,. NY Golden, CO Golden, CO Scottsdale. AZ Fort Collins, CO Orange City, IA i ......"liI t= .. 'fHE NI\TI{)NAL .<l/:UI.PTOR.<>' Gin J.D. CARY AJ.:"IJM . .. 2681 N TAPT AVH\lIJE. L()VEL^~D. COLORADO 80518.. 970.667.2015 .. . \flWW NATIOl\..;\!.Sr:.UJ.PTOH.:iljIJILD.COM . l'AxY7H.667.2068 .. NSC@COtU!l,{BlNEN~~G r:OM . "It, dult~ 0/ Je-aft:u- id- 10 ~4cftt "'<O{/(pO'/U-"J1..Ta-1t.d (....u~ 0/ 4- Ji"'1 t. 1ItO/iftf--'X T " .! j' \1 , " '.o",A AIlOVE lEFT: 1'R000000AO[ ~"" 18.:;~' t 5.5u llRU:'\ZI~ ED/35 ^1lO\It; JAZZ iOtI tJm.\. (.OD I)R.O~ZE En/7 IHT: IlLUE.GIlA5S 6911 (AJ\\' 5~n IUt(/=,i'F FD/7 (I ,\ ABOVE, IAZZ 22IIIS,,-1..JD OR()~1.F. Eu/2t ABOVE RIGHT: PROMlNADl 7111 51'" HO t1RO"zr E1>!7 RtGtfT: N..UEGRASS :!L:in \0\1:" \61,) HRU'"ZI H)jj5 II ABOVt un-: PATRIOTS II-IU 72\X" .un ttRn~n_ ED/21 J1u t7w 15D !1RO;\;ZE 1'00/21 AOOvt: HIT AND RUN Irl.r'" LII''-:: ,IZE .<-rn .,PITJHC UROSZP. .\\IHtIC\" '.;nuu::. 1.'1:. l'~rl \l.L\TIO'. lEfT: &WlGRASS, l't.OMfNADt. JOy 1.11+ ,qZI. UItO-.:ZI ,:U"\' \~l ,\.~,lIr\'n.u" '-c 1'~1 \1 L\TIO'- - 42- Item V.K.4. RESOLUTION/ORDINANCES ITEM #57058 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to APPROPRIATE $14,690,129 in FY 2006-07 School Reversion Funds to various accounts in the FY 2007-08 School Operating and Capital Budgets Voting: 11-0 (By Consent) 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 November 13, 2007 1 AN ORDINANCE TO APPROPRIATE 2 $14,690,129 IN FY 2006-07 VIRGINIA BEACH 3 SCHOOL REVERSION FUNDS TO THE FY 4 2007-08 SCHOOL OPERATING AND 5 CAPITAL BUDGET 6 7 WHEREAS, a total amount of $14,690,129 in FY 2006-07 Virginia Beach Public 8 School reversion funds are available for appropriation; and 9 10 WHEREAS, by resolution on October 2, 2007 the School Board formally 11 requested the City Council to approve the appropriation of school reversion funds to the 12 School Operating and Capital Budget. 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 17 (1) That Capital Improvement Project #1-241 High School Education 18 Specifications is hereby established in the FY 2007-08 Capital Budget. 19 20 (2) That $7,090,129 in school reversion funds are hereby appropriated from the 21 General Fund to the FY 2007-08 School Operating Budget in the amounts and for the 22 purposes set forth below: 23 24 (a) $4,200,00 to the Instructional Category; 25 (b) $1,511,500 to the Transportation Category; 26 (c) $466,500 to the Operation and Maintenance Category; and 27 (d) $912,129 to the School Equipment Replacement Special Revenue 28 Fund. 29 30 (3) That $7,600,000 in school reversion funds are hereby appropriated to the 31 Capital Improvement Projects as follows: 32 33 (a) $3,600,000 to Capital Improvement Project #1-196 Instructional 34 Technology; 35 (b) $2,000,000 to Capital Improvement Project #1-211 School 36 Operating Budget Support; 37 (c) $850,000 to Capital Improvement Project #1-104 Renovation and 38 Replacement - Reroofing - Phase II; 39 (d) $1,000,000 to Capital Improvement Project #1-103 Renovation and 40 Replacement - HV AC Systems - Phase II; and 41 (e) $150,000 to Capital Improvement Project #1-241 High School 42 Education Specifications. 43 44 That estimated revenue from use of the Fund Balance of the General Fund is 45 increased by $14,690,129. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia on the 13th day 48 of NnvpmhPT ,2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: v~ ttorney's Office CA10531 R-2 (v.2) November 5,2007 SCHOOL BOARD Daniel D. Edwards Chalnnan District 1 - Centerville 1513 Beachview Drive VA Beach, VA 23464 495-3551 (h). 717-0259 (c) Rita Sweet Sellitto Vice Chainnan At-Large P.Q Box 6448 VA Beach, VA 23456 418.0960 (c) Todd C. Davidson At-Large 2424 Savannah Trail VA Beach, VA 23456 427-3330 (w) . 285-9409 (c) Emma L "Em" Davis District 5. Lynnhaven 1125 Michaelwood Drive VA Beach, VA 23452 340-8911 (h) Patricia G. Edmonson Disttict 6 - Beach 401.205 Harbour Point VA Beach, VA 23451 675-0137 (c) Edward F. FI88lnger, Sr. At-Large 412 Becton Place VA Beach, VA 23452 486-4567 (h) Dan R. Lowe District 4 - Bayside 4617 Red Coat Road VA Beach, VA 23455 490-3681.,(h) Lyndon S. Remlas District 7 - Princess Anne 3225 Nansemond loop VA Beach, VA 23456 630-6102 (cl Sandra Smith-Jones District 2 - Kempsville 70s Rock Creek Court VA Beach, VA 23462 490-8167 (h) Michael W. Stewart District 3 . Rose Hall 105 Brentwood Court VA Beach, VA 23452 498-4303 (h) . 445-4637 (w) Carolyn 0, Weems At-Large 1420 Claudia Drive VA Beach, VA 23455 464-6674 (h) SUPERINTENDENT James G. MemU, Ed.D. 2512 George Mason Drive VA Beach, VA 23456 253-1007 -+IRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE RESOLUTION REGARDING FY 2006-07 REVERSION, REVENUE ACTUAL OVER BUDGET, AND DEBT SERVICE BUDGET OVER ACTUAL FUNDS WHEREAS, On September 18, 2007 the School Board was presented with a summary of the unaudited financial statement for FY 2006-07 on the additional revenue and expenditure savings resulting in a reversion to the City's General Fund; and WHEREAS, the Revenue Sharing Policy provides for the application of the formula to any actual revenues in excess of budgeted revenues and any debt service budgeted expenditures in excess of actual expenditures, and WHEREAS, the Administration recommends the following uses for the $14,690,129 available: · $ 1,700,000 to Fund 11S-School Operating Budget, Instructional category, for various instructional materials and other purposes · $ 1 ,SOO,OOO to Fund 11S-School Operating Fund Budget, Instructional category, for school SOL support allocations · $ 1,000,000 to Fund 11S-School Operating Fund Budget, Instructional category, for school equipment allocations · $ 1 ,S11 ,SOO to Fund 11S-School Operating Fund Budget, Transportation category, for bus replacements and other vehicles and equipment · $ 282,000 to Fund 11S-School Operating Budget, Operations and Maintenance category, for equipment and vehicles for School Landscape Services . $ 100,000 to Fund 11S-School Operating Fund Budget, Operations and Maintenance category, for custodial equipment · $ 84,SOO to Fund 11S-School Operating Fund Budget, Operations and Maintenance category, for safe schools communication equipment and supplies · $ 3,600,000 to CIP 1-196 for various technology projects · $ 2,000,000 to CIP 1-211 for various School Plant projects . $ 8S0,OOO CIP 1-104 Reno & Repl - Reroofing Ph II · $1,000,000 CIP 1-103 Reno & Repl- HVAC Ph II · $ 1S0,OOO CIP for developing high school Ed. Specs · $ 912,129 to Fund 107 -School Equipment Replacement Special Revenue Fund now, therefore, be it RESOLVED: That the Board approves the recommended uses of the FY 2006-07 Reversion, Revenue Actual Over Budget, and Debt Service Budget Over Actual funds as presented by the Administration; and be it further RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Vir . . SEAL Attest: ~~~ Dianne P. Alexander, Clerk of the Board - 43 - Item v,K. 5. RESOLUTION/ORDINANCES ITEM #57059 ADD-ON Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution naming the "William "Billy" Myer, Sr. Veterans Park" Voting: 11-0 (By Consent) 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 November 13, 2007 Requested by the Mayor's Veterans Committee 1 A RESOLUTION NAMING THE WILLIAM "BILLY" 2 MYERS, SR. VETERANS MEMORIAL PARK 3 4 WHEREAS, William "Billy" Myers, Sr. was a Virginia Beach native and life-long 5 resident of the City; and 6 7 WHEREAS, Mr. Myers joined the Army-Air Force in 1945 and served in the 8 Army-Air Force Occupation Forces in Japan for two years; and 9 10 WHEREAS, Mr. Myers was recalled to the United States Air Force during the 11 Korean War and was stationed in England; and 12 13 WHEREAS, Mr. Myers served his country honorably and with distinction; and 14 15 WHEREAS, Mr. Myers was also a community leader-he was known as the 16 "Mayor of Linlier," was past president and a board member of the Linlier Civic Leage, 17 and was Neighborhood Coordinator for Linlier's Block Security Program; and 18 19 WHEREAS, Mr. Myers was a dedicated member of the Mayor's Veterans 20 Committee and served as chairman for many years; and 21 22 WHEREAS, Mr. Myers helped establish the Tidewater Veterans Memorial as a 23 tribute to veterans of all wars and current military personnel; and 24 25 WHEREAS, the memorial is located at 19th Street, across from the Virginia 26 Beach Convention Center; and 27 28 WHEREAS, Mr. Myers also helped establish a veterans memorial park, which is 29 located on public property directly behind the Tidewater Veterans Memorial; and 30 31 WHEREAS, in recognition of his service to his country and his community, the 32 Mayor's Veterans Committee recently recommended that the Veterans Memorial Park 33 be named after Mr. Myers, who passed away on November 9,2007. 34 35 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 36 VIRGINIA BEACH, VIRGINIA: 37 38 That the Veterans Memorial Park located behind the Tidewater Veterans 39 Memorial shall be named, and shall henceforth be known as, "The William 'Billy' Myers, 40 Sr. Veterans Memorial Park." 41 42 43 Adopted by the City Council of the City of Virginia Beach, Virginia, this 11t-h 44 day of November ,2007. APPROVED AS TO LEGAL SUFFICIENCY: ;:e~~ City Attorney's Office CA 10586 R-3 November 13, 2007 - 44- Item v, x. 6. RESOLUTION/ORDINANCES ITEM #57060 ADD-ON Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution DIRECTING the Planning Commission to study the issue of mobile advertising and transmit recommendations to City Council Voting: 8-3 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, John E. Uhrin, Ron A. Villanueva, Rosemary Wi~onand JamesL. Wood Council Members Voting Nay: Barbara M Henley, Mayor Meyera E. Oberndorf and Reba S. McClanan, Council Members Absent: None November 13, 2007 1 2 3 4 5 6 A RESOLUTION DIRECTING THE PLANNING COMMISSION TO STUDY THE ISSUE OF MOBILE ADVERTISING IN THE CITY AND TO TRANSMIT TO THE CITY COUNCIL ITS RECOMMENDATIONS ON SUCH ISSUE 7 WHEREAS, the public necessity, convenience, general welfare 8 and good zoning practice so require; 9 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 10 OF VIRGINIA BEACH, VIRGINIA: 11 That the Planning Commission is hereby directed to study 12 the issue of mobile advertising in the City, including the 13 question of whether Section 212(h) of the City Zoning Ordinance 14 should be repealed, amended or remain unchanged, and to transmit 15 its recommendations thereon to the City Council. 16 17 Adopted by the Council of the City of Virginia Beach, 18 Virginia, on the 13th day of November , 2007. CA-I0587 MobileAdver.res R-l November 13, 2007 APPROVED AS TO LEG;L SUF~CIENCY: ()J~ JI;t{~ ' City Attorney's Office Item V-L. PLANNING 1. NEW GENERATION WORSHIP CENTER 2. J.D. WILLIAMS CONSTRUCTION, INC. 3. TROY SCOGGIN 4. CITY ZONING ORDINANCE - 45- ITEM #57061 CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING VARIANCE CONDITIONAL CHANGE OF ZONING AMEND SS 111 and 205 to define "major recreational equipment" and RESTRICT the locations where such may be stored November 13, 2007 - 46- Item V-L. PLANNING ITEM #57062 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION Items 1, 2, 3 and 4 of the Planning By Consent Agenda. Voting: 11-0 (By Consent) 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 November 13, 2007 - 47- Item V-L.1. PLANNING ITEM #57063 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, Ordinance upon application of NEW GENERATION WORSHIP CENTER for a Conditional Use Permit re a church: ORDINANCE UPON APPLICATION OF PASTOR TONEY SAUNDERS, NEW GENERATION WORSHIP CENTER FOR A CONDITIONAL USE PERMIT FORA CHURCH R0110734246 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Pastor Toney Saunders, New Generation Worship Center for a Conditional Use Permit for a church on property located at 6200 Pardue Court (GPIN 1456440175). DISTRICT 2 - KEMPSVILLE. The following conditions shall be required: 1. The applicant shall obtain all required permits and inspections from the Planning Department's Permits and Inspections Division and the Fire Department. A Certificate of Occupancy for the change of use shall be obtained from the Building Official before occupancy of the building as a church. 2. The parking lot shall be re-striped with a minimum of 32 parking spaces and two handicap- accessible spaces before occupancy of the building. 3. The applicant shall install landscaping within the two 7 X 20-foot triangular shaped areas adjacent to the free-standing sign. The landscaping shall be accomplished through use of a raised planter bed with a minimum of four shrubs in each bed. 4. The applicant shall provide a minimum of 136 square feet and nine shrubs of foundation landscaping along the frontage of the units. The foundation landscaping may be accomplished using planters. 5. The existing garbage dumpster shall be relocated on the site to meet the required 35-foot front yard setback and shall be screened with a privacy fence. 6. Hours of operation are limited to 11:00 a.m. to 2:00 p.m. and 4:00 p.m. to 6:00 p.m. on Sundays, 7:00p.m. to 9:00 p.m. weeknights, and 8:00 a.m. to 10:00 a.m. on Saturdays. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of November Two Thousand Seven November 13, 2007 - 48 - Item V-L.l. PLANNING ITEM #57063 (Continued) Voting: 11-0 (By Consent) 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 November 13, 2007 - 49- Item V-L.2. PLANNING ITEM #57064 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of J.D. WILLIAMS CONSTRUCTION, INC. for a Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF J. D. WILLIAMS CONSTRUCTION, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-15 TOAG-2 Z011071289 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of J. D. Williams Construction, Inc. for a Change ofZoninf! District Classification from R-15 Residential District to AG-2 Agricultural District on property located at 2672 Highland Drive (GPIN 1484118460). DISTRICT 1- CENTER VILE The applicant proposes to rezone the existing R-15 Residential property to AG-2 Agricultural to allow the construction of the single-family house at a height of 41.5 feet. Under the regulations of the Agricultural Zoning District, the height of the structure may be increased to 42 feet provided the yard setbacks are increased by a minimum of five (5) feet. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of November Two Thousand Seven Voting: 11-0 (By Consent) 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 November 13, 2007 - 50 - Item V-L.3. PLANNING ITEM #57065 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinances upon application of TROY SCOGGIN for a Variance to 85B of the Site Plan Ordinance, Floodplain Regulations, re parking lot improvements and Change of Zoning District Classification from R-20 Residential District to Conditional 0-1 Office District: Application of Troy Scogginfor a Variance to Section 5B of the Site Plan Ordinance, Floodplain Regulations on property located at 2310 Princess Anne Road (GP1N 2404531549). DISTRICT 7 - PRINCESS ANNE. ORDINANCE UPON APPLICATION OF TROY SCOGGIN FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-20 RESIDENTIAL DISTRICT TO CONDITIONAL 0-1 ZO 11071290 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Troy Scoggin for a Change of Zoning District Classification from R-20 Residential District to Conditional 0-1 Office District on property located at 2310 Princess Anne Road (GPIN 2404531549). DISTRICT 7 - PRINCESS ANNE. The following condition shall be required: 1. Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of November Two Thousand Seven Voting: 11-0 (By Consent) 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 November 13, 2007 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6765 DATE: November 1, 2007 TO: FROM: Leslie L. Lilley B. Kay WiISO~ DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Troy Scoggin The above-referenced conditional zoning application is scheduled to be heard by the City Council on November 13,2007. I have reviewed the subject proffer agreement, dated May 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 DECLARATION OF CONDITIONS AND RESTRICTIONS TIDS DECLARATION OF CONDITIONS AND RESTRICTIONS ("Declaration") made and entered into effective the 1st day of May, 2007, by and between TROY SCOGGIN being referred to herein as ("GRANTOR"), and THE CITY OF VIRGINIA BEACH. a municipal corporation of the Commonwealth of Virginia, being referred to herein as ("GRANTEE"), provides and states as follows: WITNESSETH: WHEREAS, GRANTOR is the owner of that certain parcel of real property located in the City of Virginia Beach, Virginia, commonly referred to as 2310 Princess Anne Road, GPIN No: 2404-53-1549-0000, more particularly described in Exhibit A. attached hereto and incorporated herein by reference ("Property"); WHEREAS, GRANTOR has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to GRANTEE so as to change the Zoning Classification of the Property from R-20 Residential District to Conditional 0-1 Office District; WHEREAS, it is GRANTEE's policy to provide only for the orderly development of land for various purposes through zoning and other land development legislation; WHEREAS, GRANTOR acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed rezoning, 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 resolve the situation to which the proposed rezoning gives rise; and WHEREAS, GRANTOR has voluntarily proffered, in writing in advance of and prior to the public hearing before GRANTEE, as part of the proposed amendment to the Zoning Map of the City of Virginia Beach, Virginia ("Zoning Map") with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the proposed rezoning and the need for which is generated by the proposed rezoning. NOW, THEREFORE, the GRANTOR, its successors, assigns, grantees and other successors in title or interest, voluntarily and without any requirement by or exaction from the GRANTEE or its governing body and without any element of compulsion or quid pro QUO for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of covenants and restrictions which shall restrict and govern the physical GPIN: 2404-53-1549-0000 Prepared by: LeClair Ryan, A Professional Corporation 283 Constitution Drive, Suite 525 Virginia Beach, Virginia 23462 development, operation, and use of the Property and hereby covenant and agree that this Declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the GRANTOR, its successors, assigns, grantees and other successors in interest or title: 1. The Property shall be developed substantially as shown on the exhibit entitled "PRELIMINARY SITE PLAN, Mr. Troy Scoggin Rezoning of231O Princess Anne Road", prepared by Blakeway Corporation, which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning ("Planning Department"). 2. Further conditions as 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. GRANTOR further covenants and agrees that: All references herein to R-20 Residential District and 0-1 Office District and to the requirements and regulations applicable thereto refer to the City Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Declaration by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by GRANTOR and allowed and accepted by GRANTEE as part of the amendment to the zoning ordinance of the City of Virginia Beach, Virginia, in force as of the date this Declaration is approved by the Virginia Beach City Council ("Zoning Ordinance"), shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the GRANTEE in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the GRANTEE, after a public hearing before City Council which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. 1. The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with 2 such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; 2. The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3. If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, GRANTOR shall petition the governing body for the review thereof prior to instituting proceedings in court; and 4. The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of each of the GRANTOR and GRANTEE. WITNESS the following signatures and seals: GRANTOR: ~~ Troy oggin (SEAL) COMMONWEALTH OF VIRGINIA CITY OF U,in[Lktu4to wit: The foregoing instrument was acknowledged before me this =J<.fI- day of May 2007, by Troy Scoggin. ~'~~L Registration No.: 3 ~5 <1 g d> ,-":... ': [SEAL] ,. ._, r .- _' r 0: . My Commission Expires: 6/31/tJ9 , , : 3 Exhibit A ALL THAT certain lot, piece or parcel of land, with the buildings and improvements and appurtenances appertaining thereto, situate in the City of Virginia Beach, Virginia, known, numbered and designated as Parcel "B", as shown on that certain plat entitled, "PLAT SHOWING EXCHANGE OF LAND BETWEEN TIDEWATER LODGE 7730 & RUTH LODGE 92 AND GENEVA WILLS, L YNNHA VEN BOROUGH, VIRGINIA BEACH, VIRGINIA", dated March25, 1962, and made by Palmer L. Smith. C.L.S., and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 939, at Page 238. LESS, SAVE AND EXCEPT the portion of the foregoing property conveying to the City of Virginia Beach, Virginia, by Certificate No. 1113, dated July 13, 1990, recorded in the aforesaid Clerk's Office in Deed Book 2932, at page 1102, and Order entered pursuant thereto on June 1, 1992, recorded in Deed 3093, at page 497. The excepted property is shown as the cross hatched area on that plat entitled "Plat Showing Property Conveyed to the City of Virginia Beach from Masonic Lodge" recorded in Map Book 205, Page 2. GPIN: 2404-53-1549-0000 4 - 51 - Item V-L.4. PLANNING ITEM #57066 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AMEND Sections 111 and 205 of the City Zoning Ordinance (CZO) defining "Major Recreational Equipment" and restricting the locations on which such equipment may be stored. Voting: 11-0 (By Consent) 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 November 13, 2007 1 AN ORDINANCE AMENDING SECTIONS 111 AND 205 OF 2 THE CITY ZONING ORDINANCE DEFINING "MAJOR 3 RECREATIONAL EQUIPMENT" AND RESTRICTING THE 4 LOCATIONS ON WHICH SUCH EQUIPMENT MAY BE 5 STORED 6 Sections Amended: City Zoning Ordinance SS 111 and 205 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 13 That the City Zoning Ordinance is hereby amended and reordained by the 14 amendment of Sections 111 and 205, to read as follows: 15 16 ARTICLE 1. GENERAL PROVISIONS 17 18 19 20 Sec. 111. Definitions. 21 22 23 24 Major recreational equipment. For purposes of this ordinance, major recreational 25 equipment includes travel trailers, pickup campers or coaches, motorized dwellings, tent 26 trailers, converted buses or similar devices intended for use as portable recreational 27 housing, boats and boat trailers, amphibious houseboats, utilitv trailers and the like 28 similar items, and cases.!. Of boxes. or trailers used for transporting recreational 29 equipment, whether occupied by such equipment or not. 30 31 32 ARTICLE 2. GENERAL REQUIREMENTS 33 AND PROCEDURES APPLICABLE 34 TO ALL DISTRICTS 35 36 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 37 PARKING AND OFF-STREET LOADING 38 39 40 41 Sec. 205. Major recreational equipment. 42 1 43 44 45 (d) Where the principal use of a building is residential, major recreational 46 equipment shall be stored only as a use accessory to a permitted principal use, and 47 subject to the following limitations: No such Such equipment shall be parked or stored 48 on any lot except only within a building or behind every plane of a structure that is 49 substantially parallel to and facinq the public riqht-of-way. behind the nearest portion of 50 a building that is directly adjacent to a street,.:- On throuqh lots, such equipment may 51 also be parked or stored on the portion of the lot that is clearly and physically the rear of 52 the lot provided that it is substantially screened from the public riqht-of-way with a six (6) 53 foot solid fence or equivalent veqetation or landscapinq. On corner lots. such equipment 54 may also be parked or stored on the portion of the lot that is clearly and physically the 55 rear of the lot and behind the plane of the house parallel and closest to the public riqht- 56 of-way. SHOO Such equipment may be parked entirely within a driveway for a period not 57 to exceed twenty-four (24) hours during loading or unloading. For purposes of this 58 section, the term "driveway" shall include any portion of a lot, surfaced or otherwise, that 59 constitutes an approved parking area or provides access to an approved parking area. 60 61 62 [Attached diagrams are included] Adopted by the Council of the City of Virginia Beach, Virginia on the '1 30~ay of November, 2007. 2 L-SHAPED DWELLING ON A SINGLE STREET Lot line ~------------------------~ DweUing - -- Front plane of dwelling parallel toland facing street I I _ FrO~pla~ of ~elli~pa~el ~nd facing street I I Driveway --i!" STREET KEY D Recreational vehicle allowed in this area DWELLING ON A CORNER ~--------------------- I B en I I t i 'Q-g I I ~~ro REAR IYARD I g ~ ~ . ,-ro-4-' I 1/""' I I I I I I ,-- I I 'r::: o I --- ----- I Q) c: :.::i :3 STREET A KIEV D Recreational vehicle allowed in this area STREET B Front Plane of dwelling parallel to and facing Street A DWELLING FRONTING ON A SINGLE STREET Lot line ~------------------------- Dwelling ....... - - - i-- Front plane of dwelling parallel to and facing street I I I I I I Driveway - STREET m D Recreational vehicle allowed in this area DWELLING LOCATED ON A THROUGH-LOT STREET -------------------------1 I 1 I 1 I I I I I ~.. / I Dwelling 1 / ~ I I - - - - r-.. . ."- Lot line --- It-- Front plane of dwelling parallel to and facing street I Driveway I ,I' I I I I I STREET KEY D D Recreational vehicle allo\<ved in this area Recreational vehicle allowed in this area only with fencing or landscaping on rear lot line per Section 205(d) - 52 - Item V-MI. APPOINTMENTS ITEM #57067 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Cheryl Davidson 4-Year Term Expiring 9/30/11 WORKFORCE HOUSING ADVISORY COMMITTEE 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 November 13, 2007 - 53 - Item V-M2. APPOINTMENTS ITEM #57067 BY CONSENSUS, City Council RESCHEDULED thefollowing APPOINTMENTS: RESORT ADVISORY COMMISSION November 13, 2007 - 54 - Item V-Po ADJOURNMENT ITEM # 57068 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:40 P.M. ~_(~LL~~~ Beverly 0. Hooks, CMC Chief Deputy City Clerk ~-~----- Meyera E. Oberndorf Mayor uth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia November 13, 2007