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Home My WebLink AboutAPRIL 22, 2008 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" Cen/erville - District I BARBARA M. HENLEY. Prmcess Anne /)/smct 7 RHBA S. McCl_ANAN, Rose Hall- D/S/rlct 3 JOHN 6'. UHRIN, Beach District 6 RON A VILLANUEVA. At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES FRASER, MMC 22 APRIL 2008 CITY COUNCIL WORKSHOP -Conference Room- A. PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN 1. FY 2008-2009 and 2009-2010 Operating Budget 2. FY 2008-2009 and 2009-2010 Capital Improvement Program I. CITY COUNCIL BRIEFING - Conference Room - A. REVISED NON-PROFIT EXEMPTION POLICY Philip J. Kellam, Commissioner of the Revenue II. CITY MANAGER'S BRIEFING A. CONVENTION CENTER ANNUAL REPORT James B. Ricketts, Director Convention and Visitors Bureau III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA II, I I CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 9:00 AM 2:30 PM V, INFORMAL SESSION - Conference Room - 4:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf 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. Obemdorf B. INVOCATION: Thich Chuc Do Vice President, Buddhist Education Center of America, Inc. C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS April 8, 2008 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARING 1. TAX RATE ON REAL PROPERTY FOR FY 2008-2009 (proposed) I. CONSENT AGENDA II I I J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Chapter 34 of the City Code and ADD S 34-36 re requiring fences for swimming pools. 2. Ordinance to REPEAL S 2-5 of the City Code pertaining to Francis Land House Board of Governors and REPLACE with Section establishing Virginia Beach Historic Preservation Commission. 3. Resolution to ACCEPT the Historic Sites Organizing Committee's Recommendations of April 4, 2007. 4. Resolution to RECOGNIZE the contributions of citizens who served on the Francis Land House Board of Governors and the Francis Land House Executive Committee. 5. Ordinances to AUTHORIZE acquisition: a. property at 305 21 sl Street (McDonald's Property) from Herbert A. Holt, III for $1,300,000 and AUTHORIZE the City Manager to execute all documents (DISTRICT 6 - BEACH) b. property at 300 21 sl Street (parking lot for McDonald's property) from Mildred B. Stormont for $495,000 and AUTHORIZE the City Manager to execute all documents (DISTRICT 6 - BEACH) 6. Ordinances to AUTHORIZE temporary encroachments into portions of City property: a. Lake Joyce for Richard P. and Marilyn B. Mitchell at 4433 Blackbeard Road re constructing and maintaining a proposed pier access walkway, low profile boat lift and maintain existing wood pier, wood bulkhead and timber piles (DISTRICT 4 - BA YSIDE) b. Croatan Beach by James J. and Janet L. Perriello at 516 S Atlantic A venue re constructing and maintaining a walkway and deck platform (DISTRICT 6 - BEACH) 7. Ordinances to APPROPRIATE: a. $1,600,000 of fund balance from The Central Business District (CBD)- South Tax Increment Financing (CBD TIF) Special Revenue Fund to provide partial funding re purchase of the Block 7 Garage, Westin Conference Center and the Block 7 Pedestrian Bridge Town Center b. $189,256 of State Revenue to the FY2007 -08 Operating Budget for the Clerk of the Circuit Court re result of increase in state salary base not included in the City's FY 2007-2008 Operating Budget 8. Resolution to APPOINT Lyndon S. Remias as City Auditor and establish the City Council's fifth Appointee effective May 15,2008. K. PLANNING 1. Application of GRACE BIBLE CHURCH for the discontinuance, closure and abandonment of an unimproved right-of-way (Pritchard Road) at Ansol Lane. DISTRICT 3 - ROSE HALL RECOMMENDATION APPROV AL 2. Variance to certain elements of the Subdivision Ordinance requiring all newly created lots meet the requirements of the City Zoning Ordinance (CZO), Subdivision for Mill Dam Landing Associates, L.L.c. at 4949 Lookout Road (Lake Bradford and Chubb Lake) re subdividing three (3) existing lots into four (4) lots to develop a single-family dwelling on each of the newly created lots. DISTRICT 4 - BA YSIDE RECOMMENDA TION APPROV AL 3. Application of KATHLEEN D. RENFRO for a Conditional Use Permit re a horse riding academy (lessons for beginner-level riders) at 3940 Dawley Road. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROV AL 4. Application of EVEL YN'S WILDLIFE REFUGE for a Conditional Use Permit re a wildlife outdoor rehabilitation facility at 2633 Highland Drive. DISTIRCT 1 - CENTERVILLE RECOMMENDATION APPROVAL 5. Application of ASSI HOUSE, INC., for a Modification of Conditions to a Conditional Use Permit (approved by City Council on December 12, 1988) at 4853 Princess Anne Road re construction of a dwelling to provide a nondenominational, supervised, residential facility for no more than eight (8) adults with mild to moderate retardation. DISTRICT 2 - KEMPSVILLE RECOMMENDA TION APPROV AL 6. Application of V ALUE PLACE REAL ESTATE SERVICES, L.L.c., for the Modification of Proffers to proposed uses and development plans re a Conditional Change of Zoning from AG-l Agricultural District to Conditional 0-1 Office District and Conditional H-l Hotel District (approved by City Council on April 22, 2003 and Deferred April 22, 2008) at Dam Neck Road and Corporate Landing Parkway. DISTRICT 7 - PRINCESS ANNE APPLICANT REQUESTS INDEFINITE DEFERRAL 7. Application of WELDEN FIELD OF VIRGINIA, L.L.C. for a Change of Zoning from 1-1 Light Industrial District, R-5D Residential Duplex District and 0-2 Office District to Conditional R-7.5 Residential District with a PD-H2 Overlay re developing sixty-nine (69) single-family dwellings and eighty-one (81) townhomes at Regent University Drive and Jake Sears Road. DISTRICT 1 - CENTERVILLE RECOMMENDATION DEFERRAL TO MAY 13,2008 L. APPOINTMENTS AUDIT COMMITTEE HISTORIC SITES ORGANIZING COMMITTEE HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL PUBLIC LIBRARY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT PROPOSED RESOURCE MANAGEMENT PLAN WORKSHOPS April 22 Workshop Council Conference Room 9AM April 22 Public Hearing Council Chamber 6PM April 29 Workshop Council Conference Room 9AM May 6 Reconciliation Workshop Council Conference Room 9AM May 13 Adoption Council Chamber 6PM CITY COUNCIL ONE-DAY RETREAT MA Y 12, 2008 8:30 AM - 5:30 PM ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER * * CITY COUNCIL TWO-DAY RETREAT AUGUST 22-23, 2008 8:30 AM - 5:30 PM ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER ********* 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 04/22/08 aft www.vbgov.com - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April 22, 2008 Vice Mayor Louis R. Jones called to order the CITY COUNCIL WORKSHOP - PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN - in the City Council Conference Room, City Hall, on Tuesday, April 22, 2008, at 9:05 A.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, Rosemary Wilson and James L. Wood Council Members Absent: Mayor Meyera E. Oberndorf [Entered: 9:20 A.M - previous commitment] John E. Uhrin [Entered: 9:10 A.M] Ron A. Villanueva [Out of City - business] April 22, 2008 - 2 - CITY COUNCIL WORKSHOP PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57519 9:05 A.M SCHOOLS Chairman Daniel D. Edwards, Virginia Beach City Schools, advised, because of economic and fiscal acuity, Virginia Beach City Public Schools is able to propose: 3.5 percent average Compensation raise for employees Sixteen (16) additional special education positions (inclusion an Autism services) Four (4) additional positions for the Advancement via Individual Determination (A VID). This program has helped narrow the achievement gap Seven (7) new extended day kindergarten classes. Chairman Edwards distributed a Proposed 2008-09/2009/10 Biennial Operating Budget and Capital Improvement Program Fact Sheet. Approximately ten (10) months ago, Schools imposed afive (5) month hiring freeze, identified a number of positions which could be eliminated and made changes in the overtime policy. The Six-year Capital Improvement Program (CIP) comprises a $676-MILLION spending plan and includes a base budget of $59. 9-MILLION for next fiscal year, a 6% increase annually over five (5) remaining years in the CIP. The lottery funds, as well as the State Construction Grants, have been restored to education and amount to approximately $1 1. 3-MILLION plus $5-MILLION in interest earned will allow scheduled projects for this Biennium to go forward. Long range Comprehensive Facilities Plan in good shape Projects completed include replacement of Windsor Woods, Brookwood and Newtown Elementary Schools, the School Plant/Supply and Diamond Springs Elementary Construction Current projects underway include the new Renaissance Academy and Virginia Beach Middle and Windsor Oaks Elementary Schools' replacement as well as Great Neck Middle and bus garage replacements Slatedfor 2009, funding included to begin planningfor the replacement of Kellam High School and College Park Elementary school. Dr. James G. Merrill, Superintendent - Virginia Beach City Public Schools, advised the FY 2008-09 proposed Operating Budget totals $723,925,090 and the Capital Improvement Program is $676- MILLION. April 22, 2008 , I I - 3 - CITY COUNCIL WORKSHOP PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57519 (Continued) Dr. Merrill advised Schools instituted savings and efficiency improvements at the beginning of the school year: Five month freeze of vacant central office positions Elimination of twenty-two (22) full-time positions/deploying some positions to schools Elimination of Twelve (12) temporary employment contracts Changing overtime policy, ensuring that staff work forty (40) hours prior to becoming eligible for overtime Changing the minimum number of hours certain part time staff must work before they earn health insurance eligibility Instituting a Summer energy savings program Lengthening the bus replacement cycle Capturing savings in renegotiated technology contracts A savings of approximately $2.8-MILLION was realized. Schools have been fortunate that the VRS rate was reduced and there has been afavorable health care cost trend. Despite personnel additions, there is a net reduction of 16.4 positions, which does reflect decreasing enrollment. A Strategic Plan and the special education audit will require Virginia Beach City Public Schools to increase expenditures in the next Biennium and undoubtedly beyond. Relative the program with Parks and Recreation to have schools opened during the Summer, John S. Kalocay, Assistant Superintendent, advised Schools are working in concert with Parks and Recreation. There are sites throughout the school division that are open five days a week, starting early in the morning and ending in the afternoon. This partnership has been very successful as this program is neighborhood based and transportation is not an issue. Relative the substance abuse program, Dr. Edwards advised information shall be provided relative the number of students involved. Relative the tracking of students, Dr. Merrill advised an operating measure sheet depicts a five-year pattern and will be provided. In the technical and career education, the number of students gaining certification in industry as part of the requirement for graduation has increased with over 3,000 students attaining this goal. The City of Virginia Beach is leading the State in this certification. Tony Arnold, Director of Facilities, Planning and Construction - Virginia Beach City Public Schools. advised the Princess Anne Middle School replacement, will be shifted out one year from what was originally proposed. The funding will commence in year 4 and conclude in years 5 and 6, actually being on the Capital Program. April 22, 2008 - 4 - CITY COUNCIL WORKSHOP PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57519 (Continued) PUBLIC UTILITIES 10:00 A.M. Tom Leahy, Director - Public Utilities, introduced Gary Jones, Manager - Engineering, Les White- Finance Officer and Linda Harris - Finance Management. Mr. Leahy cited the Mission of the Department of Public Utilities. The Proposed Operating Budget for Fiscal Year 2009 is $101.5- MILLION, an approximate $4. 7-MILLION increase over last year's Operating Budget. Debt S~ & PAYGO Operations Department of Public Utilities Mission: Public Water Supply and Wastewater Collection at the Lowest Practical Cost Wlr Contract & Gaston 2007 2008 2009 Percent 2010 Actual Adjusted Proposed Change Proposed Director's 0.380 0.373 0.398 6.6% 0.399 High quality water supply with Office superior reliability Engineering 6.421 7.509 7.195 4.2'1. 7.437 Division 8000 fire hydrants that deliver Business 5.961 6.714 6.887 2.6% 6.956 1,250 gpm (most, much more) Division Operations 24.157 25.531 24.774 -3.0% 24.467 Rapid response to sewer Division Water Contract blockages and other requests & lake Gaston 27.029 28.425 29.260 2.9% 30.118 Water Assistance Program Debt Service 14.326 20.737 22.461 8.3% 25.233 & PAYGO Aging infrastructure and low Transfers 5.500 5.829 6.177 6.0% 6.312 growth will require annual Reserves 2.879 1.641 4.321 163.2% 4.407 fee/rate increases Total 96.760 101.473 4.90.1. 106.330 Objectives Safe and reliable water supply for domestic and commercial use and fire protection Maintain sanitary sewer system to minimize overflows, sustain growth and protect health and environment Operate as a self sustaining enterprise funded through service charges Rapid response to customer requests and service outages April 22, 2008 - 5 - CITY COUNCIL WORKSHOP PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57519 (Continued) Results 100% compliance with Safe Drinking Water Act, rebuild 1,600 fire hydrants, replace 7,000 meters Clear 4,000 sewer blockages, clean 150 miles of sewer pipe, rehab or replace 8 miles of sewer pipe and 8 SPS', Reduce SSO's to less than 5 per 100 miles of sewer pipe 1 million meter reads, 1.2 million bills & notices, 250,000 calls, 98,000 field service orders, bad debt less than Yz %, AA Bond Rating 6,000 service requests (95% within 2 hours) -18,000 total repair orders Public Utilities and Human Services Water Assistance Program Help for qualified water & sewer customers . Provide assistance with utility bills and plumbing repairs . $250,000 funded by DPU, administered by Human Services Combine withfundingfrom regional H20 (Help To Others) program " '" \', l ,> ,,,' ' . " Department of Public Utilities SANITARY SEWER. FY 2009 thru FY 201. Clp,r , ,~,., '\', ~ ~ ' " "'~, : " , '", > (':li~; ,,~~,;:::, oOperationll & S~o.R~~ c~i0t:,!:;. . C1E't8l~~" . . './~\ April 22, 2008 II I I - 6 - CITY COUNCIL WORKSHOP PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57519 (Continued) "'", . r . II Syst~ !:.xpansloi:l.~.: .v..{fI:~itl . 0 RoadwaY.&' $~.. . , . Department of PublicUtilitie$;;T~;:~~#~f,:~\' , " ,,:,,'<:,~/;: 'l~J~~~~il;,:,~l:~:4\~< WATER. FY 2009 thru FY2014 CIP.FUrid${j;~<.l:f,f" . ';<:Mit:::"'< " 'r Connection Fees , ,,"": ",I ',\' <::"":~;:~>!\1:, ,1 P ubi ic Util ities ..' Re\leri.ueii:/' ;~~~, . , . .::: \,',~, " >?~::/ Water Charge NinetY'per~ti( Utilities~ rev.uAi. derived"" .:- ":"'"n,,,:..... l ,~h~ 10' '. ....qlQn@~,<.: . Dn~~ft(f., April 22, 2008 i I I - 7 - CITY COUNCIL WORKSHOP PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57519 (Continued) rOIJose ate an ee ncreases ru Current '!<Y2009 FY2010 Water Rate (per 1,000 $3.80 $3.95 $4.10 ~allons) * ~ewer Rate (SFR, per $17. 72 $18.61 $19.54 month) * Late Fee (New - Flat Fee) W/A $1.50 $1.50 Water Fee (per DFU) $66.00 $ 79. 00 $92.00 Sewer Fee (per DFU) $56.00 $59.00 $59.00 Pro-rata Pump Station Fee $325.00 $756.00 $1,187.00 Wortable Pump Fee $1,000.00 $1,333.00 $1,666.00 It.-andscaping Fee $1,500.00 $1,570.00 $1,639.00 *Already Approved p dR dF 1 Economics of Rehabilitating the Sewer System Typical SPS rehab is about $1-MILLION for service area of 300 to 600 families $1,700 to $3,300 per lot (annual debt service of about $136 to $267 per lot) Typical collection system rehab is $5,000 to $10,000 per lot (annual debt service of $400 to $800 per lot) . FY2009 sewer charge is $223 per year per SFR customer Charts depicting the Number of Customer Calls for Sewer Stoppages versus Feet of Mainline Pipe Cleaned,' Portable SSO's versus Main Line Cleaning and Average Monthly Water and Sewer Bill were displayed. April 22, 2008 - 8 - CITY COUNCIL WORKSHOP PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57519 (Continued) PARKS AND RECREATION 10:35A.M Cindy Curtis, Director - Parks and Recreation, advised the Vision of Parks and Recreation is a balanced, sustainable and valuefocused system of parks, recreation and public spaces that creates a sense of community. Ms. Curtis recognized members of her team to provide assistance: Barry Frankenfield - Planning Design and Development, Mary Cole - Programming and Operations, Eddie Barnes - Landscape Management, Steve Johnston - Business Systems and Dick Nutter - Golf Services. Our Mission is to: . Deliver parks, recreation programs and public spaces that reflect the priorities of our community . Support tiered levels of service that recognize the diverse needs of our community . Focus on sustain ability of core programs, services and facilities through efficient and effective business practices Core Community Priorities: . Community Access . Environment & Outdoors . Healthy Lifestyles . Stewardship Parks and Recreation Budget 2009 Proposed Key Budget Points: p . Admlnisbation rograr:;mlng and Business a . Syslems Go~ Course operations~operations ~ Landscape Plannl~~/. . "...,.~rn Design and Open Space Development Reduced 3 Full Time Positions Less than 1 % increase over FY2008 budget. Reflects initial phases of strategic reorganization. (VI) 2007 Actual 2008 Adjusted 2009 Proposed Administration and BUSiness Systems 1,931,714 2,324,682 2,849,906 Golf Course Operations 2,540,222 2,840,743 2,794,155 Landscape Management 17,029,882 18,218,7'>3 17,636,036 Open Space 4,J66,509 5 5,342,866 5,322,219 Planrllng, Design and DeveloplIIent 587,170 606,760 621,041 Programming and Operations 20,281,209 22,J42,106 n. 572,611 Total S 46,536,706 51,475,910 51,796,028 Change 7010 Proposed JU% 2,876,099 .2% 2,834,784 -3"111 17,854,240 0"11" 5)309,523 629,849 S 22,<384,978 U~I 52,3S9,4!3 2 April 22, 2008 - 9 - CITY COUNCIL WORKSHOP PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57519 (Continued) Tiered Pricine Plan Fair and consistent pricing plan that balances the expectation to generate revenue for long-term sustain ability, while ensuring funding support for community members in need Three tiered structure based on the philosophy that the more the experience solely benefits an individual, the higher the cost recovery percentage . Public: 0 to 50% cost recovery; basic level of leisure opportunity. . Parks, Tennis Courts, Walking & Biking Trails, July 4th Celebration, K-9 Karnival . Select: 51% to 100% cost recovery; requires considerable staffplanning and supervision; has mutual benefit to the individual and to the community; educational or safety value . Aquatics, Recreation Center Memberships, Out-of- School Care . Exclusive: > 100% cost recovery; exclusive benefit to the individual or user group. . Golf, Personal Training, PA Athletic Complex Tournaments April 22, 2008 - 10- CITY COUNCIL WORKSHOP PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57519 (Continued) 2009 Program Impacts Urban Forestry . Underfunded neighborhood street tree maintenance . Underfunded hazardous tree pruning and removal Athletics . Elimination of Boys' Baseball- transition to community leagues Open Space and Natural Areas . Maintains funding for Arborist and development/maintenance of Open Space property acquisitions Community Recreation Services . Expands After-School Program (self-supporting); staff training; healthy snacks . Provides Inclusion Staff to meet needs of ADA participants Ob 'ectives Provide landscape maintenance for municipal buildings on a 14-day cycle and mow divided highways every 18 days Support Clean Community programs Provide and maintain programs and facilities for residents and tourists Outcomes Maintains 14-day cycle, or better, at all municipal buildings Maintains 18-day mowing cycle, or better, on all divided hi hwa s Earth Day - 6,000 participants Clean the Bay Day - 75,000 lbs. debris Adopt-A-Program - 55,000 lbs. debris Hel in Hands - 21,000 lbs. debris Deliver out-of-school care to over 6,000 children at elementary schools Coordinate team sports for 7,000 children and 10,000 adults Host 3.5-MILLION parks visitors Complete 2nd year of replacements/upgrades to nei hborhood la rounds April 22, 2008 - 11 - CITY COUNCIL WORKSHOP PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57519 (Continued) Obiectives Outcomes Improve the quality of municipal golf courses Water and sewer connections and course renovations at Stumpy Lake Golf Course. Bank stabilization at 2 BMP ponds at Kempsville Greens Golf Course. Rounds at Red Wing Lake increased by 5,000 annually after $5 million renovation. New catering pavilion at Red Wing Lake to meet needs of tournament organizers. Enhance accessibility to natural environment Acquire 72 acres of additional Open Space. Increase environmental programming opportunities. Enhance service delivery by developing additional Generate $400,000 of cash and in-kind resources sponsorships/partnerships. Manage 16,000 volunteers valued at $2.2 million. Develop collateral marketing material to increase participation. Maintain satisfaction rating of95%. Department's response to community priorities will support achievement of desired satisfaction rating. Barry Frankenfield, presented information relative the Capital Improvement Projects: Recreation Centers-Facilitv Condition Assessment . Identified $35,361,323 ofCIP projects to be completed during the next 10 years . FY 2007-08: 24 CIP projects valued at $2.6 million will be completed . FY 2008-09: 34 CIP projects valued at $5.5 million are scheduled Recreation Centers CIP Fundinf! Trend . Estimated six year CIP is adequate to fund capital renovation projects and mechanical equipment repair and replacement projects for all six recreation centers . Expansion of and improvements to Seatack Recreation Center is included in this funding . Feasibility Analysis for expansion and improvements to Bow Creek and Kempsville Recreation Centers planned for FY 08/09 . Estimated six year CIP funding is not adequate to fund other expansion or development such as: . Bow Creek addition and interior renovations . Kempsville addition and interior renovations . Construction and staffing of a new Western Bayside Recreation Center April 22, 2008 I I I - 12 - CITY COUNCIL WORKSHOP PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57519 (Continued) Open Space Acquisition Prof!ram (.44% of 1 cent Restaurant Meal Tax) . Phase I FY 2001-02 through FY 2006-07 . 19 sites - over 1,788 acres acquired . 5 sites - over 72 acres pending acquisition . Phase II FY 2007-08 through FY 2011-12 = $2.508 Million; $500,000 appropriated to date; none spent to-date . Phase III FY 2012-13 through FY 2013-14 = $1 Million . $7.1 Million total Open Space Acquisition Programfunding currently available Parks Capital Proiects (.47 Cents RE Tax) . New facilities coming online: Williams Farm Park and Providence Park . Ongoing projects to address aging infrastructure: shelters, walkways & trails, bank stabilization, renewal and replacement of equipment, fencing, playgrounds, signs and site furnishings, buildings and facilities . Condition assessment in progress for the entire park system of 5,863 acres Bikewavs and Trails- Pedestrian Svstem Improvements . 12 projects completed in FY 07-08 . 3 projects under design, including improvements to Providence Road Overpass to connect Woodstock Park and Providence Park. New sidewalk is scheduled to be completedfor the opening of Providence Park in Spring 09 Bikewavs and Trails-Pacific Avenue Trail . Pacific Avenue Trail project is a design/build project . Additionalfunding included in proposed 2008/2009 CIP Budget ($355,843) . Design is underway, estimated completion spring 2009 Bikewavs and Trails-Requested But Not Funded Proiects . Pedestrian System Improvements Phase II . Bikeways and Trails Plan Improvements Phase II . Princess Anne Commons 5K Fitness Facility - Design and Construction . Thalia Creek Greenway - Design April 22, 2008 - 13 - CITY COUNCIL WORKSHOP PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57519 (Continued) Concerning the SPORTSPLEX, the City Manager advised two proposals are being evaluated. Ms, Curtis advised both respondents were interviewed yesterday, April 21, 2008. A meeting is scheduled for April 23, 2008, with the City Manager and City Attorney to share the findings of this interview and receive directions whether to provide City Council with a recommendation or if additional responses may be necessary. This item should be scheduled for a City Council Session soon after the ADOPTION of the FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program April 22, 2008 - 14 - CITY COUNCIL WORKSHOP PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57519 (Continued) COMIT Communications and Information Technology 11:20 A.M. Gwen Cowart, Director - Communications and Information Technology, detailed the COMIT Operating Budget: Department of Communications and Information Technology Proposed Budget FY09 FY09 City Operabng Budget $883.023,474 A. O1her. $843,166,846 96_ Service Expenditures roo 4.'''' 10911 25.6% Co"'" $3S,8t'i7,628 4.61% iit:~ s...,.o,ip...... Ad......i....1ion 1.a% CD'. Technology 41.1% Revenue Sources Fee_, Cnerge., &llnter".l 16.7% Genll,..j Fund 74.4% Mission: provide and support communications, information, and technology solutions to: enable City businesses, inform the community, and improve and promote quality of life and public safety. Communications and Information Technology FY08 Adjusted FY09 Proposed % Change FYi 0 Proposed Applications Support $6,449,322 $5,862,063 -9.11% $5,957,374 Technology Project Management Office $0 $579,480 N/A $588,268 Systems Support $8,084,512 $8,408,513 4.01% $8,527,435 Operations Support $1,047,271 $1,067,184 1.90% $1,068,874 InfolT11ation Security and Privacy Office $411,371 $404,200 .1.74% $410,573 Emergency Communications & Citizen Svs $9,989,797 $10,147,212 1.58% $10,300,526 3-1-1 Citizen Services $942,101 $362,477 -61.52% $368,241 Multimedia Services $980,535 $1,519,531 54.97% $1,541,340 Telecommunications 620 Fund $2,549,7&0 $2,704,834 &.08% $2,7&0,102 Center for Geospatiallnformation Services $1,601,992 $1,&31.8&0 1.8&% $1,&48,98& Mail Service $2&7,025 $273,138 2.29'1. $27&,871 ComlT Business Center $787,6&9 $704,239 -10.59% $714,107 Print Shop 604 Fund $3,732,367 $3,941,030 5.59% $3,998,882 Subscriptions 621 Fund $2,408,&&7 $2,2&1,8&7 -6.&1% $2,466,932 Total $39,252,389 $39,857,628 1.54% $40,626,512 April 22, 2008 - 15 - CITY COUNCIL WORKSHOP PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57519 (Continued) ComlT Workforce Distribution e9-1-1 125 CGIS 18 Bus.Ctr 12 Core Technology 105 What Does the Workforce Support? · 227,788 9-1-1calls processed a year · 470,427 Dispatched calls for service a year · 176,651 VB 3-1-1 Service Requests · 4741 Radio Subscriber Devices · 447 Mobile Data Laptops · 4,327 Desktops/Laptops · 297 Servers · 923 Printers/Copiers · Local Area Network serving 24 buildings Wide Area Network serving 94 Remote Sites · 150+ Applications · 259 GIS Layers · -5 million individual GIS features · 5657 Telephones · 47 Remote Telephone Sites · 4796 web pages (VBgov.com & Beachnet) · 3 Cable Television Stations and TV/Video Production Studio Annual Results 81% of priority one EMS calls processed in 120 seconds or less · 91% of priority one EMS calls dispatched within 90 seconds 78% of calls received by 3-1-1 resolved without the need to transfer the call 99.44% Wide Area Network Availability 19,183 Service Calls Completed · - 23 million emails processed 38 Technology Projects Completed April 22, 2008 - 16 - CITY COUNCIL WORKSHOP PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57519 (Continued) Annual Results · 30,000+ GIS Database Updates · 99.98% Telephone System Capacity availability · 271 VideolMultimedia Projects produced · 1,795,685 Unique Visitors to vbgov.com · 12,577 Hours of Television Programming Changes Public Information Office eliminated Video Services renamed Multimedia Services and web team, photography and internal communication functions formerly in PIO added . Emergency Communications renamed to Emergency Communications and Citizen Services and VB3-1-1functionsformerly in PIO added Special Revenue Funds dissolved Cable Access Fund transitioned to CIP - Emergency Communications transitioned to General Fund · New GIS FTE added to support In- Vehicle mapping Impacts . Computer replacement program extended from 4 to 5 years City Computers out of warranty for 1/5 of lifecycle 3 FTEs eliminated - Division Manager - Printer I - Administrative Analyst . $1.9-MILLION overall reduction in operating accounts, primarily: Technical Professional Development - Maintenance and Repair Computer Support Tools & Supplies Contractual Services April 22, 2008 - 17 - CITY COUNCIL WORKSHOP PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57519 (Continued) Quality Physical Environment Projects Cultural and Recreational Opportunities Projects roject Name ield Enabling HW for ansen End Users epartment Y09 - FY14 undin $904,716 $622,960 $11,450,000 $281,324 $205,910 $29,385,000 $73,000 $8,622,012 $72,800 $483,078 $136,000 $226,984 $260,821 $69,760 April 22, 2008 - 18 - CITY COUNCIL WORKSHOP PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57519 (Continued) City Human Resources / Payroll System Why the delay to January 1, 2009? · Go-live date driven by project readiness Fixing issues after go-live can be organizationally catastrophic, and the cost to fIX issues after go-live are usually considerably higher than the cost of extending the project timeline long enough to ensure go-live readiness · Additional time for Payroll Validation to ensure accurate paychecks delivered . Overly optimistic / overly aggressive initial project plan: time and resources Quantity and complexity of the transactions, individual functions, and end-to-end processes requiring configuration and testing · Difficulties encountered in configuring functionality unique to Virginia Beach within the Oracle Application - Retro time, retro pay, creditable compensation · Requirementss changes / new requirements identified during project Quantity and complexity of business processes requiring analysis, documentation and re- engineering Increased complexity due to retirement of multiple systems · Project management staff turn-over Alignment with citywide business processes and resource availability Does not conflict with City business processes (CAFR, Open Enrollment, Fiscal Year Begin and End, EOY Patching) · Eliminates payroll balance initialization conversions between calendar years Provide sufficient time for knowledge transfer of critical technical components of City's integrated Payroll, Human Resources, and Financial system Ms. Cowart displayed two (2) graphs entitled: Government: Information Technology Employee as % of Total Employees City of Virginia Beach FY 07 VS Gartner Information Technology Key Metrics 2007 Data Government: Information Technology spend per Employee City of Virginia Beach FY 07 VS Gartner Information Technology Key Metrics 2007 Data Ms. Cowart believes these graphs indicate a demonstration of the organization (COMIT) being efficient and is accomplishing a lot of work re providing services for the dollars expended. Concern was expressed re overtime usage (over $600,000) within the department. The response indicated 3,204 hours of overtime goes to the Computer III title. However, there were no Computer IIIs listed among the personnel, Ms. Cowart will check whether this was a typographical error, However, the Computer Operators staff the Data Center in the basement of Building II, housing both the mainframe and approximately three hundred (300) servers. They do not work fully "24-7" (as this was cut back approximately four or five years ago). Therefore, the portion of time when not actually on site, the personnel is in a standby capacity, so that these individuals can be called. This is one reason for overtime for these computer operators (standby capability as opposed to being fully on site). Many of the major print jobs are also accomplished in the Data Center (i.e. real estate, personal property and utility bills. April 22, 2008 - 19 - CITY COUNCIL WORKSHOP PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57519 (Continued) These are not the printers in the City and Schools Print Shop. Concerning flexible scheduling, Ms. Cowart advised, essentially flexible work schedules are utilized. COMIT endeavors not to impact the infrastructure and services delivered during the primary working hours. The preponderance of the work (upgrades, patching, debugging) is accomplished after normal working hours. For the most part, these are personnel who are shifting their hours by coming in and working 2:00 P,M to 10:00 P.M, or on a Saturday night through a Sunday. Still, there is a large number of hours staffing is not available. There is not sufficient staff to fully support "24- 7". Our engineering support staff is on standby, the majority of whom are salaried employees and do not earn an overtime rate. Concerning the 16,670 hours of overtime at the 911 Center, COM!T is working hard to fully staff 911. This is a national problem to be able to recruit sufficient quantities of personnel willing to work the shifts and assume the stresses. Currently, there are eleven (11) vacancies (approximately 10% understaffing). Academies exist 'year round to train the candidates. COM!T is exempt from the "hiring freeze". There is also an extended period of training on the floor resulting in another 20 to 30% dropping out. Recently, the job titles were reclassified and some of the salary ranges increased to be more attractive to individuals with the needed skill sets. A $120,000 grant has been receivedfrom the State Wireless Board re 911 to develop specific methods to identify the proper individuals for this particular 911 field. City Council RECESSED for lunch at 12:12 P.M. April 22, 2008 - 20- PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57519 (Continued) LIBRARIES 1 :05 P.M. Marcy Sims, Director - Libraries, referenced the Key Strategic Focus Areas: Library Department Key Strategic Focus Areas Mission: A literate populace and the freedom to read are essential to democracy. The Virginia Beach Public Library provides .fi-ee access to accurate and current ir!!'orlllation and materials to all individuals and promotes reading as a critical life skill Provide Lifelong Learning Opportunities and Access to lriformation Promote Reading as a Critical Life Skill Budget Analysis . 78.20/0 of total budget = Personnel and fringe benefits . 12.20/0 = Books and materials . 3.30/0 = Technology . 6.30/0 = Operating . Annual Revenue Projections - $565,000 Fines, fees, copier and printers - $262,000 State Aid - $60,000 E-Rate Funding - $8,000 Coffee Shop - $142,000 Friends - $58,000 Library Foundation . Value of non-monetary donations - $330,000 from Federal Government for Special Services Library - $150,000 community support - prizes, programs April 22, 2008 - 21 - PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57519 (Continued) 2007 Actual 2008 Adjusted 2009 Proposed % Change 2010 (Reductions) Pror;osed Public Services $ 9.1-M $ 9.9-M $ 9.8-M (1.7%) $ 9.9-M Wahab Public $363,249 $429,225 $282,948 (34.1%) $288,607 Law Librarv Library Support $ 6.2-M $ 6.7-M $ 6. 7-M (0,1%) $ 6.8-M Services Totals $15.8-M $17.1-M $16.8-M (1.9%) $17-M Program Impacts Increase in speed of public Internet access Reduction in books, materials, cataloging costs, and 1 FTE Reduction in service hours, materials, and 1 FTE at Wahab Public Law Library Reduction in contracted security guards Capital Improvement Program TCC-City Joint Use Library (3-175) 120,000 square feet City's share: $7.2-MILLION TCC share: $38-MILLION Full-service community library Timeline Replaces South Rosemont Youth Library Design 07/08-06/09 $ 607,170 Construction 07/09-06/11 $4,995,000 Furniture/ Fixtures 01/11-06/11 $ 909,090 Equipment 01/11-06/11 $ 422,910 Contingencies 07/06-06/11 $ 273,895 Total Budgeted Costs $7,208,064 This Capital Improvement Project provides for the cost of the City's share for construction of a joint-use library in partnership with Tidewater Community College, April 22, 2008 - 22- PROPOSED BIENNIAL RESOURCE MANAGEMENT PLAN FY 2008-2009 and 2009-2010 Operating Budget FY 2008-2009 and 2009-2010 Capital Improvement Program ITEM # 57519 (Continued) Objectives Increase the use of and satisfaction with library services Manage records of all City departments and agencies, schools and courts, in accordance with the Virginia Public Records Act Enhance library service through citizen Volunteer support The Daily Grind at the Bookmark Cafe' opened January 2007. Through the unique Collection Agency, fines collected have been $6,568 with a value of materials returned in the amount of$91,481 Ms. Sims cited the Bookkmobile Service Points: Title I Schools, Head Start Centers, Before/After School Programs and At-Risk Neighborhoods. April 22, 2008 - 23 - April 22, 2008 Mayor Meyera E. Oberndorf called to order the CITY COUNCIL SESSION for the City Council Briefing re Revised Non-Profit Exemption Policy in the City Council Conference Room, City Hall, on Tuesday, April 22, 2008, at 1:35 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, Rosemary Wilson and James L. Wood Council Members Absent: Ron A. Villanueva [Out of City on business] April 22, 2008 - 24- CITY COUNCIL BRIEFING REVISED NON-PROFIT EXEMPTION POLICY 1:35 P.M. ITEM # 57520 Philip J. Kellam, Commissioner of the Revenue, provided good news re Personal Property revenues, as well as Business License Revenues, At this point, both have increased from last year, Personal Property assessed taxes has increased by 4.5%from last year. Business License Taxes have increased 5.5% or just over $37-MILLION The process for organizations to obtain non-profit status from State and local taxes changed about five (5) years ago. The State Tax Code reflects all the organizations across the State of Virginia that are tax exempt by designation, which was granted by the General Assembly. Approximately five or six years ago, the General Assembly sent this authority to the local governing bodies throughout the State. Under this, there is already an exemption process allowed by class. Under the current policy, these applications are reviewed by the Community Organization Grant Committee (COG). Under the new proposal, the Commissioner of Revenue would review the applications. The Commissioner of Revenue can certify the correct information is provided and they have achieved their correct exemptions from the Federal Government and the State Government. The Commissioner's office will act as a depository to provide the information to City Council when needed. The authority is retained by City Council. The proposed revision to City Council Policy Regarding Applications for Tax Exemption by Designation was distributed and is hereby made a part of the record. Mr. Kellam conferred with Councilman William R. "Bill" DeSteph, Liaison, and Priscilla Beede, Chair - Community Organization Grant Committee (COG), and both understand and agree with the proposal. The City Attorney has also reviewed the proposal. The City Attorney advised COG did a very good job with the process, but the City ended up with a backlog of applications, not due to COG, but just the process between COG, Management Services and the City Attorney's Office. The process was somewhat cumbersome. The City Attorney believes Mr. Kellam has a good idea for the Tax Exemptions to process very quickly through the system. This would be more expedient and fair to the applicants. Mr, Kellam advised the applicants must still achieve the 501 (c)3 status, April 22, 2008 - 25 - CITY COUNCIL BRIEFING BOAT TAX RATE 1:55 P.M. ITEM # 57521 Philip J. Kellam, Commissioner of Revenue, advised owners of boats have been contacting him re the proposed Boat Tax. Mr. Kellam believes the situation became better when the City Council reduced the Boat Tax Rate from $1.50 to a millionth of a cent, essentially creating a nominal bill where the City Treasurer was not bound to send it. The Commissioner still gets a list from the Coast Guard on all documented vessels and a list from Game and Inland Fisheries on all vessels that are registered with the State. Marina owners also still provide information. Under the new boat tax proposal at $1.00 and reducing the Recreational Vehicle Tax to $1.00, he believes would equate to approximately $975,000 in revenue. However, he believed this matter ofraising revenue would result in diminishing returns. Mr. Kellam distributed a chart, indicating Comparison of Vessel Growth by Length and Comparison of Assessed Value by Length. Comparison of Vessel Growth bv Len th Assessment Year 2002 Percentage of 2006 Percentage Percentage of # of Vessels 2002 Total # of Vessels Of 2006 Total Change by Len)!.th 20feetand 9,227 73% 9,165 69% -0.68% under 21-30(eet 2,855 23% 3,398 26% 15.98% 31-40 feet 412 3% 536 4% 23.13% 41-50 feet 119 1% 155 1% 23.23% 51 feet and over 46 0% 47 0% 2.13% TOTAL 12,659 13,301 Comparison of Assessed Value by LenJ[th Assessment Year 2002 Percentage of 2006 Percentage Percentage of Assessed 2002 Total Assessed Of 2006 Total Change by Values Values Len)!.th 20 feet and $ 28,009,546 26% $ 34,460,212 22% 18.72% under 21-30(eet $ 41,724,282 39% $ 59,395,601 38% 29.75% 31-40 feet $ 18,596,546 17% $ 28,603,223 18% 34.98% 41-50feet $ 10,220,821 10% $ 17,844,584 12% 42.72% 51 feet and over $ 8,243,730 8% $ 14, 715,675 9% 43.98% TOTAL $106,794,925 $155,019,295 The Virginia Institute of Marine Science has conducted a survey for the City of Hampton on the effects that boating, recreational boating has on their community and whether it is a good source of revenue. Mr, Kellam has received a copy of this survey and will forward same to City Council. Hampton is also going to examine the effect the Boat Tax has had since removed about jive or six years ago. Mr. Kellam also has a bid list of the groups Hampton reviewed to compile the information. April 22, 2008 - 26- CITY COUNCIL BRIEFING BOAT TAX RATE ITEM # 57521 (Continued) The City Manager advised a copy of the Request For Proposal (RFP) that was sent out last September by Hampton was sent to the Hampton Roads Planning District Commission (HRPDC). Hampton has awarded the contract and the study should be completed by the end of the year. The study was approximately $100,000. Hampton advised they would be pleased to share the results of the Study. Mr. Kellam advised approximately three (3) additional personnel would be needed on a temporary basis, if the boat tax IS initiated. Catheryn Whitesell, Director - Management Services, advised Portsmouth reinstated the Boat Tax at 50~, as did Norfolk. Portsmouth's proposed budged reduces the boat tax back to a penny. April 22, 2008 - 27 - C IT Y MANA G E R 'S B R IE FIN G CONVENTION CENTER ANNUAL REPORT ITEM # 57522 James B. Ricketts, Director - Convention and Visitors Bureau, advised the building status of the Virginia Beach Convention Center. The first year of a fully open facility has been completed. Public Works will be closing the construction contract soon. Mr. Ricketts introduced Courtney Dyer, Convention Center- General Manager, Al Hutchinson - Director - Convention Sales and Marketing who will also participate in the presentation The Virginia Beach Convention center is now part of the resort infrastructure; a venue for conventions and community events committed to a high level of service which requires ongoing City support, Building Amenities Ballroom Still the largest in the Commonwealth at 31,029 square feet Elegant wood paneling, state-of-the-art sound system and wool carpets Unique LED lighting enables custom design Exhibit Space Equivalent to three football fields 150,000 square feet of column free exhibit space with four subdivisions Flexible Meeting Space Five (5) suites, twenty-eight (28) subdivisions, 29,000 square feet and unique spaces in Tower Video Art Wall Four 90-foot-wide video screens provide an electronic palette for digital art Parking 2,230 free spaces Recof(nition for the VBCC Presented By: Date Award Name Architectural Record/Business Week Au~ust 2006 2007 Citation Of Excellence AlA Chicago October 2006 Citation of Merit - Distinguished Buildin~ Cate~ory Hampton Roads Commercial Real October 2006 Best Institution/ Public Building - First Estate Association Honor Award Virginia Beach Planning Commission October 2006 Honor Award - Exceptional public Facility 2005 Facilities and Destinations Maf!azine January 2007 2007 Prime Site Award NEW: Trade Show Executive June 2007 Innovation Award Innovation Award NEW: American Public Works August 2007 Project of the Year Association NEW: Virginia Department of August 2007 Virginia Green Certification Environmental Quality NEW: Real Estate and Construction August 2007 Plaque of Honor "Top Projects in the Review Maf!azine Eastern Seaboard" NEW: Convention South Ma~azine December 2007 Reader's Choice Award Winner NEW: American Institute of Steel and April 2008 2008 Innovative Design in Engineering Concrete and Architecture with Structural Steel Award Winner April 22, 2008 - 28 - C IT Y MANA G E R 'S B R IE FIN G CONVENTION CENTER ANNUAL REPORT ITEM # 57522 (Continued) Courtney Dyer advised the Virginia Beach Convention Center is environmentally friendly. Broad Goals of a "Green Building" · Conservation of Natural Resources · Increase Energy Efficiency · Improve Indoor Air Quality · Encourage others to adopt Environmentally Friendly Policies The design reflects State-of-the-Art Mechanical Controls and State-of-the-Art Lighting Controls, The lights are programmed to come on and off in phases. There are motion sensors in offices and storage rooms. Ceiling Mounted Light Sensor Wall Mounted Motion Sensor Ceramic Frit Low Flow Plumbing Fixtures Automated Irrigation Systems Green Cleaning Program . Less harmful to employees resulting in less time lost · Improved air quality · Environmentally friendly · Less waste Micro fiber rags, floor pads, and mops are used and laundered. Recycling · Plastic · Office Paper · Cardboard · Paper towels · Glass · Cans Our Energy Star Partnership · Tracking energy bills with a goal to reduce Kilowatts by 10%. · Non-essential items turned offwhen spaces not in use, such as escalators, video walls and similar items, · Limiting individual thermostats for each room - offices and storage rooms included April 22, 2008 - 29- C IT Y MANA G E R 'S B R IE FIN G CONVENTION CENTER ANNUAL REPORT ITEM # 57522 (Continued) Al Hutchinson shared "good news" out of two hundred seventy-five 275 days so far this fiscal year, the building hosted events on 240 days (87%). Of the 240 days with events, 69% of the days had more than one event. The Convention Center has had as many as six (60 events from different organizations in one day. Building Performance Total Number of Events 397 400 Number of Room Nifihts 148,033 155,435 Convention Center Revenue $ 3,167,212 $ 3,325,573 (Invoiced) VBCC Event Taxes/Fees $ 369,233 $ 387,695 Estimated Direct Delegates $45,512,700 $ 47,788,335 Svendinfi* 8.5% Tax Revenue of the Direct $ 3,868,580 $ 4,062,008 Spendinfi Total Revenue to the City $ 7,405,025 $ 7,775,276 Total OveratinK Expenses $ 4,923,606 $ 5,560,918 Net Return to the City $ 2,481,419 $ 2.214.358 FY-06-07 FY 07-08 Actual an Planned *$22 x 2,5 days per Out of Town Attendees Mr. Hutchinson referenced the American Bus Association Conference, for which the City is still receiving rave reviews re the City's hospitality extended this group. This Conference broke all records (12,000 room nights in the first week of February). Relative Sports Marketing, the High School Wrestling Tournament, consisting of 4900 athletes from across the United States, was just a couple of weeks ago. Repeat business is very important and the Convention Center has a 7-year contract. Mr. Hutchinson referenced the future. Convention Center Bookings 157 Conventions and Meetings have been booked/rom July 2005 - 2013: D Room Nights Booked = 509,157 11 Estimated Direct Spending = $172,449,773 r 1 39% is New Convention Business (Through March 2008) April 22, 2008 - 30 - C IT Y MANA G E R 'S B R IE FIN G CONVENTION CENTER ANNUAL REPORT ITEM # 57522 (Continued) ate oom uu ts American Bus Association February 2008 12,000 National High School Coaches March 2008 - 2015 8,500 per year Association National Association of Workforce May 2008 2,350 Development US Coast Guard EXDO November 2008-2009 4,300 per vear Rejuvenate November 2008 1,260 Ruritan National Convention January 2010 2,000 USA Track and Field Annual December 2010 2,000 Convention National Head Start Association December 2010 3,088 Presbyterian Church in America June 2011 4,300 Association of Air Medical Services October 2013 4,300 Convention Bookings Highlights D R N,' h Rejuvenate NOl'l!II1her 10-13, 2008 Room Nights: 1.260 total This group represents approximately 125 pre-qualified meeting planners who must be decision-makers for faithbased meetings of a minimum of 500 room nights. Represents over 270 religious conferences. Event will include: D Marketplace D Educational Breakouts C Tradeshow il Networking Opportunities Mr, Hudgins referenced the new competitors: Raleigh, North Carolina, with a Convention Center to open in Fall of 2008 and the Gaylord National Resort and Conference Center on the Potomac. Mr. Ricketts provided further information. Looking Ahead: 2009 and Beyond... I Regional Cooperation 1 Resort Area Master Plan !I Headquarters Hotel (Full potential ofVBCC) il Other Key Development Strategies - 19th Street Corridor - Dome Site Development - Rudee Loop - Major Family Attraction/Entertainment Venue - Athletic Venue Development (Princess Anne Commons and indoor Venues April 22, 2008 - 31 - C IT Y MANA G E R 'S B R IE FIN G CONVENTION CENTER ANNUAL REPORT ITEM # 57522 (Continued) Opportunity Locating and identifying investors who: D Share long-term vision of the resort; and, D Will work collaboratively with investors and city planners to design hotels, attractions, and the infrastructure necessary to support a Quality Year Round Destination. . April 22, 2008 - 32 - CITY COUNCIL COMMENTS 3:25 P.M. ITEM # 57523 Councilman Wood, advised City Council Members are invited to attend the "Every 15 Minutes Anti- Drunk Driving Program" at Kellam High School. April 23, 2008, 11:00 A.M -, Wednesday - simulated crash, April 24, 2008, 8:50 A.M - Thursday -Assembly Mayor Oberndorf referenced witnessing this presentation at Princess Anne High School, which was extremely unbelievable. The Teacher who designed the program, actually lost his son in an automobile accident. April 22, 2008 - 33 - AGE N DA REV IE W S E S S ION 3:29 P.M. ITEM # 57525 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: J ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Chapter 34 of the City Code and ADD 9 34- 36 re requiring fences for swimming pools. 2. Ordinance to REPEAL 92-5 of the City Code pertaining to Francis Land House Board of Governors and REPLACE with Section establishing Virginia Beach Historic Preservation Commission. 3. Resolution to ACCEPT the Historic Sites Organizing Committee's Recommendations of April 4, 2007. 4 Resolution to RECOGNIZE the contributions of citizens who served on the Francis Land House Board of Governors and the Francis Land House Executive Committee. 5. Ordinances to AUTHORIZE acquisition: a. property at 3()5 21~8fFe.e:I 300 2rt Street (McDonald's Property) from Herbert A. Holt, III for $1,300,000 and AUTHORIZE the City Manager to execute all documents (DISTRICT 6 - BEACH) b. property at Jf)O...J..J." -&Feef 305 20th Street (parking lot for McDonald's property) from Mildred B. Stormont for $495,000 and A UTHORIZE the City Manager to execute all Documents. (DISTRICT 6 - BEACH) 6. Ordinances to AUTHORIZE temporary encroachments into portions of City property: a. Lake Joyce for Richard P. and Marilyn B. Mitchell at 4433 Blackbeard Road re constructing and maintaining a proposed pier access walkway, low profile boat lift and maintain existing wood pier, wood bulkhead and timber piles (DISTRICT 4 - BAYSIDE) b. Croatan Beach by James J. and Janet L. Perriello at 516 S Atlantic Avenue re constructing and maintaining a walkway and deck platform (DISTRICT 6 - BEACH) April 22, 2008 - 34 - AGE N DA REV IE W S E S S ION ITEM # 57525 (Continued) 7. Ordinances to APPROPRIATE: a. $1,600,000 offund balance from The Central Business District (CBD)- South Tax Increment Financing (CBD TIF) Special Revenue Fund to provide partial funding re purchase of the Block 7 Garage, Westin Conference Center and the Block 7 Pedestrian Bridge Town Center b. $189,256 of State Revenue to the FY2007-08 Operating Budgetfor the Clerk of the Circuit Court re result of increase in state salary base not included in the City's FY 2007-2008 Operating Budget 8. Resolution to APPOINT Lyndon S. Remias as City Auditor and establish the City Council's fifth Appointee effective May 15, 2008. Item 2 (Francis Land House Board of Governors) shall be ADOPTED, AS AMENDED, BY CONSENT: The following verbiage shall be eliminated on lines 83 and 84: "The commission shall include at least one (1) representative from the Princess Anne County/Virginia Beach Historical Society and 8ne (1) 1'efJ1'eseHUlHlIe .f8rm #Ie Virginia Beach Hisl8l'ieal P1'eSefllaH8H P-aFtHership. " Council Lady Henley shall vote NAY on Item 2 (Francis Land House) and 3 (Historic Sites Organizing Committee) Items 5a and b shall be discussed during Closed Session Council Members DeSteph and McClanan shall vote NAY on Item 7A. (Block 7 Pedestrian Bridge Town Center) April 22, 2008 - 35 - AGE N DA REV IE W S E S S ION ITEM # 57526 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: K. PLANNING 1. Application of GRA CE BIBLE CHURCHfor the discontinuance, closure and abandonment of an unimproved right-of-way (Pritchard Road) at Ansol Lane, DISTRICT 3 - ROSE HALL 3. Application of KATHLEEN D. RENFRO for a Conditional Use Permit re a horse riding academy (lessons for beginner-level riders) at 3940 Dawley Road. DISTRICT 7 - PRINCESS ANNE 4. Application of EVELYN'S WILDLIFE REFUGE for a Conditional Use Permit re a wildlife outdoor rehabilitation facility at 2633 Highland Drive. DISTIRCT 1 - CENTERVILLE 6. Application of VALUE PLACE REAL ESTATE SERVICES, L.L.C.,for the Modification of Proffers to proposed uses and development plans re a Conditional Change of Zoning from AG-1 Agricultural District to Conditional 0-1 Office District and Conditional H-1 Hotel District (approved by City Council on April 22, 2003 and Deferred April 22, 2008) at Dam Neck Road and Corporate Landing Parkway. DISTRICT 7 - PRINCESS ANNE 7. Application of WELDEN FIELD OF VIRGINIA, L.L.C.for a Change of Zoninflfrom 1-1 Light Industrial District, R-5D Residential Duplex District and 0-2 Office District to Conditional R-7.5 Residential District with a PD-H2 Overlay re developing sixty-nine (69) single-family dwellings and eighty-one (81) townhomes at Regent University Drive and Jake Sears Road. DISTRICT 1 - CENTERVILLE Re Item K.3 Council Lady Henley DISCLOSED Pursuant to Section 2.2-3115(G), Code of Virginia, she is executing this disclosure regarding City Council's discussion and will be voting on the application of Kathleen D. Renfro for a Conditional Use Permit (Item K.3). The Murden Family Trust, in which she has an ownership interest, is the owner of the property adjacent to 3940 Dawley Road. The City Attorney has advised she is able to participate in this transaction fairly, objectively and in the public interest. Council Lady Henley's Disclosure of April 22, 2008, is hereby made a part of the record. Condition No. 2 shall be corrected. Item K.6 (Value Place Real Estate Services, LLC.) shall be DEFERRED INDEFINITELY Item K. 7 (Weldenfeld of Virginia, 1.1. C.) shall be DEFpRRED until the City Council Session of May 13, 2008. Councilman Dyer will ABSTAIN on Item K.7 (Welden field of Virginia, L.L.C.) as he is employed by the applicant (Regent University) April 22, 2008 - 36 - ITEM # 57527 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 thefollowingpurpose: PERSONNEL MA TTERS: 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)(l) Council Appointments: Boards, Commissions, Committees, Authorities, Agencies and Appointees 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). 300 2Ft Street 305 2rt Street ARP - Mill Landing Road PUBLIC CONTRACT: Discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2,2-3711 (A) (30) CBN Development LEGAL MATTERS: Consultation with legal counselor briefings by staff members, consultants, pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body, or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-3711 (A)(7). Welden field of Virginia, 1.1. C. Upon motion by Councilman Uhrin, seconded by Councilman Wood, City Council voted to proceed into CLOSED SESSION at 4:09 P.M. April 22, 2008 - 37 - ITEM # 57527 (Continued) Voting: 10-0 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. Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva (Break: 4:12 P.M. - 4:20 P.M.) (Closed Session: 4:20 P.M. - 5:30 P.M.) (Dinner: 5:30 P.M. - 5:50 P.M.) April 22, 2008 - 38 - FORMALSESSION VIRGINIA BEACH CITY COUNCIL April 22, 2008 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, April 22, 2008, at 6:00 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, Rosemary Wilson and James L. Wood Council Members Absent: Ron A. Villanueva [Out of City on business) INVOCATION: Thich Chuc Do Vice President, Buddhist Education Center of America, Inc. 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 'J 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] 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. April 22, 2008 - 39 - 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 C ounci/ 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 Wi/son regularly makes this disclosure. Council Lady Wi/son's letter of January 27,2004, is hereby made a part of the record. April 22, 2008 - 40- Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 57528 Upon motion by Councilman Diezel, seconded by Councilman Wood, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10--0 Council Members Voting Aye: William 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva April 22, 2008 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 # 57527, Page 36, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS: Section 22-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NO>>'; 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. ~. ~L,;-u uth Hodges Fraser) MMC City Clerk April 22) 2008 - 41 - Item V-F.] ITEM # 57529 Upon motion by Councilman DeSteph, seconded by Councilman Wood, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of April 8, 2008. Voting: 10--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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva Council Members Voting Nay: None April 22, 2008 Item V-G.] ADOPT AGENDA FOR FORMAL SESSION BY CONSENSUS, City Council ADOPTED: - 42- ITEM # 57530 AGENDA FOR THE FORMAL SESSION April 22, 2008 - 43 - Item V-H.]. PUBLIC HEARING ITEM 57531 MA YOR OBERNDORF DECLARED A PUBLIC HEARING OPEN ON THE MATTER OF AN EFFECTIVE TAX RATE: INCREASE CAUSED BY THE ANNUAL ASSESSMENT ON THE CITY'S REAL PROPERTY TAX: Alex Sloane, spoke on behalf of the Endependence Center, as an active participant. She has had many helpful and positive experiences. She has received peer counseling and group services, as well as meeting other individuals with disabilities. She experienced her own struggles, a traumatic injury from a car accident. The Endependence Center has assisted so many. The Center allowed her to speak to many Senators and Delegates, assisting her with a residence and integrating with other disabled individuals by becoming involved with group services. Stephen Johnson, Endependence Center, requested continued support for the Endependence Center. This year over 300 individuals have already been served with direct counseling and training services. Through the Center, people are provided with the tools to help them cope and develop special skills. Dr, Michael Sims, 957 Bobolink Drive, Phone: 222-6742, Dentistfor twenty-three (23) years, spoke in opposition to the proposed boat tax. The expense will force them to sell or move their boats elsewhere, Michael Standing, 415 Atlantic Avenue, Phone: 288-9051, spoke in OPPOSITION to the boat tax. He will e-mail his remarks to the City Council Sam Painter, 6300 East Virginia Beach Boulevard, Norfolk, Phone: 461-8007, spoke in continued support of the Endependence Center. Although disabled, the program has given him a "new lease on life ". Rick Quigg, 1725 Rally Drive, Phone: 496-9610, spoke in OPPOSITION to the boat tax. Pleasure boating has provided a continuous flow of tax dollars into the City of Virginia Beach. This is derived from the many services utilized by boaters in the City. If a boat tax is initiated, many boaters will be forced to move to surrounding cities which has no boat tax. It has been proven that this type of luxury tax actually results in a net loss of revenue for governments due to decreased dollars being collected because of the loss of jobs and services associated with boating. Ken Jobe, 304 Croatan Road, Phone: 428-0328, President - Croatan Civic League, spoke re the proposed reduced beach trash collection, and reduction in lifeguard services at Croatan, Sandbridge and beyond 5th Street. Mr. Jobe also expressed concern re the: Items "But Not Funded Category ", a request of $5 17,000 for additional positions, equipment and supplies to provide improved level of beach maintenance similar to the Boardwalkfor the outlying beaches of Croat an, Sandbridge., Chesapeake Beach and Cape Henry Beach. This would improve cleanliness and aesthetics. Mr. Jobe requested the funding be restored and made sufficient to keep all the beaches clean and safe. Keith Arnold, 1705 Eastborne Drive, Phone: 721-2543, Supervisor of the Fire and Life Safety Education Program and spoke re the safety of the community. The Life Safety Office was established over thirty-five (35) years ago and was one of the first programs in the United States. This office has played an integral part in reducingfire related deaths in Virginia Beach. Virginia Beach is well over 50% below National and Safety averages re fire related deaths, The office delivers approximately 1,000 programs per year to over 75,000 citizens of all ages. Juvenile Justice, Schools, Social Services, the Fire Marshall's Office, Mental Health ands recreation leagues are supported by the Life Safety Office, Mr. Arnold requested this office not be eliminated. April 22, 2008 I ,i I I - 44- Item V-H. 1. PUBLIC HEARING ITEM 57531 (Continued) Millie Jones, 1035 South Bayshore Drive, Phone: 491-8656, spoke in OPPOSITION to the boat tax. The City should embrace and not alienate the marine community. The boats will leave the area and look for other localities. Virginia Beach should promote the boating industry. Brad Waitzer, 1069 South Bayshore Drive, Phone: 286-2192, spoke in OPPOSITION to the boat tax. Mr. Waitzer is the owner of Rudee Tours. The impact of personal property taxes for commercial boats should be considered. Rudee Tours works in conjunction with the Virginia Aquarium, a Marine Science Center for educational trips. This tours pay over 11% of the total revenues in direct payments to the City of Virginia Beach for personal property, trustee taxes, business licenses and payments to the Aquarium. This does not include the various taxes andfees paid directly to State and Federal agencies, nor indirect payments to Government (landlord and vendors). J. Dominic R, Desnoyers, 3113 Sand Pines Road, Phone: 481-7813, spoke in OPPOSITION to the boat and real property tax increase. Mr. Desnoyers cited an article re Loudon County Ken Pravetz, 4305 Shrew Trail, Phone: 416-1120, advised the proposed budget will make it harder for the City employees to live in the City, recruit quality employees and supervisors to motivate subordinates. Competition will be increased in the worliforce and teamwork reduced. City Council is only one step away from fixing pay compression. The $1.9-MlLLION to award outstanding performance will exclude 90% of the worliforce. Captain Lee Shuler, 2448 Rosenthall Drive, Phone: 481-5371, opposed to proposed boat tax, and expressed concern re the $717,000 re the site (Lynnhaven Boat Ramp) chosen for the dredging of the Western Branch. Public funds may be used to dredge private portions of the Western Branch. Jack Mellon, represented the Cavalier Yacht and Go/fClub, 709 Bobolink Drive, Phone: 491-1866, resident of Virginia Beach since 1981. Mr. Mellon is OPPOSED to the boat tax. Virginia Beach would be the only city with a $1.00 boat tax rate. The boats will have to leave. Robert Dean, 1204 Shawn Drive, Phone: 427-6606, advised real estate taxes remain artificially high, as so much of the tax revenue is dedicated to the Oceanfront and should be going into the General Fund to support basic services. Every $ I-MILLION spent on major projects is a $ I-MILLION not available for real needs. Last year approximately $12-MILLION of tax revenue was utilized through the Tourism Growth Investment Fund (TGIF) $76.4-MILLION in dedicatedfunds was expended in that one year on Tourism. Kenny McLeskey, 401 Atlantic Avenue, #1104, Phone; 491-5800, spoke in OPPOSITION to the boat tax, He has been a member of the boating industry for over thirty (30) years. The proposed tax rate of$1.00 per thousand would equate to a $100,000 vessel being taxed $1,000. A vessel valued at $400,000 would equate to a $4,000 tax and the owner would elect to move the vessel to avoid the tax. Catherine Meredith, 1081 Old Dam Neck Road, Phone: 721-3519, retired 30-ytear Employee as Supervisor of the Life Safety Education Office. She is a four (4) time recipient of the City Manager's as well as many National and State awards for her programs developed in the Life Safety Education Office. Ms. Meredith spoke in OP POSITOIN to the elimination of the Life Safety Education Office for the Fire Department. This would be a horrendous disservice to the citizens. April 22, 2008 - 45 - Item V-H./. PUBLIC HEARING ITEM 57531 (Continued) Don Lightfoot, 3033 Ole Towne Lane, Phone: 468-3026, City employee, and advised his real estate assessment increased $14,000. This is an increase in real estate tax. Mr. Lightfoot is opposed to the cuts in services, including no raises for City employees for two (2) years. As an avid fisherman and boat owner, he OPPOSES the boat tax. Dennis Dorsman, 5432 Sunnywood Drive, Phone: 464-5117, spoke in OPPOSITION to the proposed increase in taxes, The City should provide services. The soccer field is not making any funds. Hotels should build their own. The City should not be involved. A new High School should be provided for Bayside. John Moss, 4109 Richardson Road, Phone: 363-7745, advised the Virginia Beach Taxpayers Alliance amends its recommendation to establish a tax rate of 80t to 84t. VBTA's updated recommendation recognizes the need for tax relief for beach families, the priority of public safety and the needs of City employees. VBTA has identified a net of$34.5-MILLION in reduction to the City Manager's proposed budget. Holding "pay-as-you-go capital spending at this year's level generates $10.4-MILLION, reducing the Reservefor Contingencies to $12.2-MILLION Hold the growth in debt service to 4% and cut debt expense by $3.6-MILLION Hold vehicle replacement at this year's rate saves $l.l-MILLION $2.2-MILLION could be saved by eliminating contributions to Regional participation. Reduce, through attrition and vacancies, 83 City and School positions to save $5.4- MILLION and add back 10 police officer positions for $650,000, and establish a real estate tax rate of 84t for $27-MILLION in tax relief with an economic impact of$71-MILLION A $1.9-MILLION bonus pool should be designatedfor first line supervisors and "deck plate " employees, no management, plus add $112-MILLION andwouldfix the wage compression for public safety employees to $2.8-MILLION This is the alternative ofVBTA. William Bailey, 4841 Rosecroft Street, Phone: 288-5761, corrected his statement amde, during the Public Hearing of April 17, 2008, re the funds expended on the Public Safety Pay Plan, Compression 1 and II. It was not $3.4-MILLION each year, $4,5-MILLION each year had been appropriated. $1.8-MILLION was left over. Mr. Bailey had mistakenly quoted $1.2-MILLION as remaining. Marlayne Castelluzzo, 5189 Stratford Chase Drive, Phone: 474-4346, spoke re the City Manager's Budget Proposal of a $3. 5-MILLION foot bridge at Town Center (Town Center Parking Garage to the new 2-story Sun Trust Bank Building andfrom there to Pembroke Mall), The Tax Incremental Finance District should be providing the funding instead of the homeowners. The Special Tax District has been recommended to be reducedfrom 50t to 45t per $100, a 10% reduction. The 24th Street Park should be named after Maurice Jackson John Mihalkovic, 3809 Banyan Grove Lane 104, Phone: 412-5730, spoke against the elimination of Boys Baseball Parks and Recreation Program. Mr. Mihalkovic has been involved with the Virginia Beach Parks and Recreation Department and Salem Recreation for Athletic Associationfor the last eleven (11) years. During that time, he coached baseball,football, basketball and established a very good relationship with the Department. This program provides a much needed and affordable place for teens to go, especially those at risk and be a part of something positive as opposed to the streets. Each of the teams is paying $250 each year to make the program a reality. This is only a $25,000 line item. April 22, 2008 - 46- Item V-H.i. PUBLIC HEARING ITEM 57531 (Continued) Polly Mihalkovic, 2080 Eagle Rock Road, Phone: 471-2301, witnessed the hard work and diligence of her husband, John, to make the recreational programs a success. This service of providing a Recreational League gives those children an opportunity to play sports, which they could not in School. Mrs. Mihalkovic spoke against the elimination of Boys Baseball Parks and Recreation Program. Ray Bach, 2300 Trant Lake Drive, Phone: 593-6400, President - Virginia Beach Police Benevolent Association, advised the City of Suffolk is giving a 3% raise and spending $1.2-MILLION on a new public safety building. The real estate tax is also being decreased by 2~. Portsmouth is providing a 4% raise to Public Safety Employees and a 3% raise for all other City employees. Their real estate tax is being decreased by 5(. Chesapeake is providing a 3% raise and one-third of the employees will be provided a market salary adjustment increase. A public safety pay plan will be instituted and the real estate tax will be decreased by 2(. Norfolk is providing a 1% raise to all, plus an automatic 2- 12% for ninety-two percent of all the employees. A 5% retention increase at jive and ten years for Police will be instituted. Sandy Linkous, 5225 South Lake Road, Phone: 464-1947, 40-year resident of the Bayside District. The national average for a gallon of gas as of yesterday was $3.50, Locally in one day, the cost increased 5(. A gallon ofmilk is approaching $4.00. This is the worst time for the City Council to consider raising residents' taxes or fees. The real estate tax needs to be lowered. Fund only essential City services. David Akridge, 1529 Little Horseshoe Drive, Phone; 650-4509, spoke in OPPOSITION to the boat tax, represented a boat dealership operating out of Marina Shores and Taylor's Landing, which has been in business approximately two (2) years. Due to the economy, the boat dealers need a "break", not an increase in taxes. There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. April 22, 2008 - 47- Item V-J. ORDINANCES IRESOLUTIONS ITEM # 57532 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED in ONE MOTION Items I, 2 (AS REVISED), 3, 4, 5a/b (AS REVISED), 6a/b, 7 a/b and 8 of the CONSENT AGENDA. Voting: 10-0 (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, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva Council Members DeSteph and McClanan voted a VERBAL NA Y on Item 7.a. (Pedestrian Bridge Town Center) Council Lady Henley voted a VERBAL NAY on Items J.2 (Francis Land House Board of Governors and J.3. (Historic Site Organizing Committees Recommendation) April 22, 2008 - 48 - Item V-J.1. ORDINANCES IRESOLUTIONS ITEM # 57533 Upon motion by Vice Mayor Jones. seconded by Council Lady Wilson. City Council ADOPTED: Ordinance to AMEND Chapter 34 of the City Code and ADD 9 34-36 re requiring fences for swimming pools. Voting: 10-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva April 22, 2008 1 AN ORDINANCE TO AMEND CHAPTER 34 OF THE 2 CITY CODE BY ADDING A NEW SECTION 34-36, 3 REQUIRING FENCES FOR SWIMMING POOLS 4 Section Added: S 34-36 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That Chapter 34 of the City Code is hereby amended by the addition of a new 8 Section 34-36 of the City Code, to read as follows: 9 10 Chapter 34 SWIMMING POOLS 11 12 13 ARTICLE II. DESIGN AND CONSTRUCTION 14 15 16 17 Sec. 34-36. Swimming pool fences. 18 19 (a) It shall be unlawful for any person to own or control any outdoor swimming 20 pool without having a fence surrounding such swimming pool. irrespective of the date 21 on which such swimming pool was constructed. Such fence shall be in compliance with 22 Section AG1 05 of the 2003 International Residential Code or any successor provision. 23 24 (b) Violations of this section shall be punishable by a fine of not more than 25 three hundred dollars ($300.) Each day's violation shall be deemed a separate 26 offense. In addition to such penalty. and not in lieu thereof. the City may seek to enioin 27 a continuing violation of this section by civil action filed in the circuit court. 28 29 (c) The provisions of this section shall not apply to any swimming pool 30 operated by or in coniunction with any hotel located on a governmental reservation. 31 32 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA: 34 35 That this ordinance shall become effective ninety (90) days after the date of 36 adoption. 37 38 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 22nd 39 day of April, 2008. - 49- Item V-J.2. ORDINANCES IRESOLUTIONS ITEM # 57534 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, AS REVISED: Ordinance to REPEAL 8 2-5 of the City Code pertaining to Francis Land House Board of Governors and REPLACE with Section establishing Virginia Beach Historic Preservation Commission: The following verbiage shall be eliminated on lines 83 and 84: "The commission shall include at least one (1) representative from the Princess Anne County/Virginia Beach Historical Society Rnd sne (1) FepFesenUltille }i<81fl t'1e Vi'giniR BeRch Hisl8,icm PFese,wmsn P.a,tnership. " Voting: 9-1 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Barbara M Henley Council Members Absent: Ron A. Villanueva April 22, 2008 1 AN ORDINANCE TO REPEAL SECTION 2-5 2 OF THE CITY CODE PERTAINING TO 3 FRANCIS LAND HOUSE BOARD OF 4 GOVERNORS AND REPLACE WITH 5 SECTION ESTABLISHING VIRGINIA BEACH 6 HISTORIC PRESERVATION COMMISSION 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 2-5 of the City Code be, and hereby is, repealed and replaced as 12 follows: 13 14 Soc. 2 6. Francis Land House Board of GO'lernors. 15 16 (a) There is hereby created the Francis Land House Board of Governors 17 't.'hich shall consist of eleven (11) members appointed by the city council for terms of 18 three (3) ye~)fs; provided, hO'.vever, that initial appointments shall be made as f{)IIO'.\'s: 19 Four (1) members shall be appointed for a term of three (3) years, three (3) members 20 for a term of two (2) years, and f{)ur (1) members for a term of one (1) year. The board 21 shall solect from its membership a chairman and vice chairman. 22 23 (b) In addition to those members appointed by the oouncil, there may be 24 appointed by the board no more than tv:enty t'NO (22) additional members INho shall 25 serve for a term of three (3) years, provided that initial appointments shall be made for 26 such lesser terms as to provide staggered expirations thereof. 27 28 (c) The Francis Land House Board of Governors shall meet at least once 29 every quarter and additionally as the board deems necessary. The board shall be 30 responsible for responding to city council requests for recommendations of the planning, 31 policy and management of the Francis Land House. /\dditionally, the board shall be 32 authorized to promote community support for the Francis Land House through fund 33 raising and other activities, and the disposition of funds so raised shall be governed by 34 the provisions of paragraph (d). 35 36 (d) The Francis Land House Board of Governors is hereby authorized and 37 empo'Nered to appoint a committee of interested volunteers, who may serve for such 38 periods of time as the board of governors may direct, to accept and solicit 39 memberships. The committee and members shall be kno'l.'n as "Friends of the Francis 40 Land House" and the committee is authorized to act in that name. Reasonable dues for 41 those memberships and reasonable guidelines or byla'Ns for direction of the committee 42 shall be determined by the board of governors. The said committee may also accept 43 and solicit donations of funds and of aooeptable tangible personal property in 44 accordance 'Nith rules governing solicitation prescribed by laIN as set forth in the City 45 Code and the Code of Virginia, and in accordance IA'ith the reasonable guidelines or 46 byla\\'s determined by the board of governors. 47 48 All funds whether from membership dues or donations, and all donations of 49 tangible personal property, shall be tax deductible by the donor to the extent allowed by 50 law. /\11 such funds received shall be deposited with the city treasurer in an account to 51 be kno'Jm as the "Francis Land House Account." Donations of acceptable tangible 52 personal property may be used to furnish the Francis Land House and any such 53 property declared to be surplus may be sold or exchanged as prescribed by law and 54 funds derived therefrom shall be deposited to the Francis Land House Account. 55 56 The Francis Land House Board of Governors is hereby authorized and 57 empo'Nered to accept loans of tangible personal property for display in the Francis Land 58 House. 59 60 1\11 membership dues, donations and funds derived from the sale of surplus 61 tangible personal property deposited to the Francis Land House Acoount shall be 62 maintained and used specifically tor the upkeep, maintenance, and interpretation of the 63 Francis Land House. 64 65 The city manager shall be responsible tor the disposition of all said funds and 66 tangible personal property donated for the said upkeep, maintenance and interpretation 67 of the Francis Land House and the board of governors shall advise the city manager or 68 his designee as to the disposition aforesaid. 69 70 Sec. 2-5. Historic Preservation Commission. 71 72 .@l There is hereby created the Virqinia Beach Historic Preservation 73 Commission for the purpose of advisinq City Council and the departments of Museums 74 and Planninq on all issues related to the preservation of historic buildinqs. structures. 75 and sites located in the City of Virqinia Beach. The mission of the commission shall be 76 to preserve. protect and maintain the historic identity of Virqinia Beach and the former 77 Princess Anne County throuqh a proqram of advocacy and increased public awareness 78 and involvement. 79 80 ill The commission shall consist of at least nine (9). but not more than fifteen 81 (15). members. with expertise in the fields of architecture, archaeoloqv. and history. 82 The commission shall include at least one (1) representative from the Princess Anne 83 CountvNirqinia Beach Historical Society. The members of the commission shall be 84 appointed bv the City Council to serve terms of three (3) years, provided. however. that 85 the initial appointments shall be made as follows: three (3) members shall be appointed 86 for a term of one (1) year. three (3) members for a term of (2) years. and the remaininq 87 members for a term of three (3) years. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 22nd day of April, 2008. - 50 - Item V-J.3. ORDINANCES IRESOLUTIONS ITEM # 57535 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson. City Council ADOPTED: Resolution to ACCEPT the Historic Sites Organizing Committee's Recommendations of April 4, 2007. Voting: 9-1 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Barbara M Henley Council Members Absent: Ron A. Villanueva April 22, 2008 REQUESTED BY COUNCILMEMBERS McCLANAN AND WILSON 1 A RESOLUTION ACCEPTING THE HISTORIC SITES 2 ORGANIZING COMMITTEE'S RECOMMENDATIONS 3 4 WHEREAS, the Virginia Beach City Council established a Historic Sites 5 Organizing Committee ("Committee") on September 12, 2006; and 6 7 WHEREAS, the purpose of the Committee was to advise Council on governing 8 the historic sites by either a board or a foundation, and to advise Council on the City's 9 historic preservation activities; and 10 11 WHEREAS, the Committee reported to City Council on April 4, 2007 and 12 recommended the establishment of a private foundation for the historic houses; and 13 14 WHEREAS, the Committee again reported to City Council on March 25, 2008 15 and recommended the establishment of a Historic Preservation Commission to advise 16 Council and the Departments of Museums and Planning on all issues related to the 17 preservation of historic buildings, structures, and sites in the City of Virginia Beach; and 18 19 WHEREAS, at its briefing on March 25, 2008, the Committee offered City Council 20 six recommendations related to historic preservation. 21 22 NOW, THEREFORE, LET IT BE RESOLVED BY THE COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA THAT: 24 25 The City Council thanks the committee for its work and hereby accepts for 26 Council's consideration the six recommendations of the Historic Sites Organizing 27 Committee. Adopted by the City Council of the City of Virginia Beach, Virginia on this 22nd day of April, 2008. Approved as to Content: Approved as to Legal Sufficiency: ,} 'Wl.:5. ~~ D partment of Museums C~.A!:m1t:.S ~ CA 10682 March 26, 2008 R-2 - 51 - Item V-JA. ORDINANCES IRESOLUTIONS ITEM # 57536 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Resolution to RECOGNIZE the contributions of citizens who served on the Francis Land House Board of Governors and the Francis Land House Executive Committee. Voting: 10-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva April 22. 2008 I I I . .. 1 A RESOLUTION TO RECOGNIZE THE CONTRIBUTIONS 2 OF THE CITIZENS WHO SERVED ON THE FRANCIS 3 LAND HOUSE BOARD OF GOVERNORS AND THE 4 FRIENDS OF THE FRANCIS LAND HOUSE EXECUTIVE 5 COMMITTEE 6 7 WHEREAS, the Virginia Beach City Council created the Francis Land House 8 Board of Governors in 1984 to make recommendations to the City Council on all phases 9 of the planning, policy and management of the Francis Land House; and 10 11 WHEREAS, City Council amended the City Code in 1985 to provide for a 12 volunteer membership organization to help support the work of the Francis Land House 13 Board of Governors; and 14 15 WHEREAS, the Francis Land House Board of Governors assisted volunteers 16 and City staff in preparing the Francis Land House to open to the public on May 17, 17 1986: and 18 19 WHEREAS, the volunteer membership organization was chartered as the 20 Friends of the Francis Land House on May 18, 1986; and 21 22 WHEREAS, the Francis Land House Board of Governors worked closely with 23 volunteers and City staff to develop a vision for the future of the Francis Land House; 24 and 25 26 WHEREAS, the Friends of the Francis Land House successfully hosted 27 numerous fund raising events and projects, including the annual tradition of a November 28 Christmas Craft Faire; and 29 30 WHEREAS, the Francis Land House Board of Governors successfully hosted 31 numerous fund raising events; and 32 33 WHEREAS, the Francis Land House Board of Governors and the Friends of the 34 Francis Land House utilized their hard-earned funds to support the Francis Land House 35 through the purchase of antique and reproduction period furnishings, the acquisition of 36 interpretive displays and exhibit cases, the funding of important and significant research 37 projects, the financing of various historic preservation projects, and the development of 38 a site master plan; and 39 40 WHEREAS, the Francis Land House Board of Governors and the Friends of the 41 Francis Land House have directly supported the programs and events of the historic 42 house, including the annual signature event, Twelfth Night; and 43 44 WHEREAS, the Francis Land House Board of Governors and the Friends of the 45 Francis Land House embraced the addition of the Adam Thoroughgood House to the 46 operational responsibilities of City staff; and '\. 47 WHEREAS, the Francis Land House Board of Governors and the Friends of the 48 Francis Land House have donated tens of thousands of hours collectively to support the 49 Francis Land House and the Adam Thoroughgood House; and 50 51 WHEREAS, the Francis Land House Board of Governors and the Friends of the 52 Francis Land House have been integral forces in the growth and success of the City's 53 operation of the historic house museum; and 54 55 WHEREAS, the Francis Land House Board of Governors and the Friends of the 56 Francis Land House are deserving of praise and thanks for their efforts from the City 57 Council and all of the citizens of the City of Virginia Beach. 58 59 NOW, THEREFORE, LET IT BE RESOLVED BY THE COUNCIL OF THE CITY 60 OF VIRGINIA BEACH, VIRGINIA THAT: 61 62 The City Council recognizes the invaluable contributions of the individuals who 63 served as members of the Francis Land House Board of Governors and leaders of the 64 Friends of the Francis Land House, as well as the collective contributions of these two 65 organizations, and expresses its sincere appreciation and gratitude to the individuals for 66 their selfless dedication to Virginia Beach history and the historic houses; for the 67 donation of their time, talents and energies; for their assistance in initiating and growing 68 the Francis Land House historic house museum; and for their dedication to making the 69 Francis Land House and the Adam Thoroughgood House fine examples of good 70 stewardship by the City of Virginia Beach. Approved as to Content: Approved as to Legal Sufficiency: cfrA3. (]~ Museums A.I~~ City Attorney's Office ADOPTED: April 22, 2008 CA 10680 March 21,2008 R-2 Francis Land House Board of Governors List 1984 - 2006 Jacob V. Aftel Gail A. Ball James R. Bergdoll Donna Brewer B. H. "Pat" Bridges K. Edwin Brown, Chairman Delores A. Burke Charles R. Burke, Chairman David Caldon Ann H. Callis Robert A. Callis, Jr., Chairman Bonnie Capito Christopher E. Caton Betty P. Cimmino Judith K. Connors Van H. Cunningham Sue F. Davis, Chairman Giles G. Dodd Nancy T. Jones DeFord Suzanne Duckworth Mary L. Edmondson Lynn G. Farrell Thomas A. Felton Barbara J. Ferguson James N. Fletcher Gary S. Forrest, Chairman Richard S. "Dickie" Foster Donald M. Fraser John Hodgson Bradley Hunt Jo~a K. Jean Christine Jennings Bobby J. Jenkins, Chairman Burletine D. Karlen Glenda H. Knowles Paul G. Lankford Eugene P. Lanning Daniel Z. Lepow Mildred W. "Millie" McGuire Reba McClanan, Chairman Otho F. Mears III Johnnie S. Miller Sandra J. Miller Freddi Moody Mellie Rose Moore MaryAnne Nixon, Chairman Joseph J. Owens, Jr., Chairman Elizabeth H. Parker Karen Renda Theresa Rohm Molly Rueger Richard E. Rumble Mary C. Russo, Chairman Karl Schwartz III Fay Silverman James A. Stick J. Robert Stiffler B. Bruce Taylor Fielding L. Tyler Beulah Thorp Cecilia Vail Nonie W. Waller Sarah E. Ward Betty L. Warren Dorothy M. Wells Janet F. Werndli Lois S. Williams Ros R. Willis George Zocca Friends of the Francis land House Executive Committee list 1986 - 2006 Elsie Barnett Catherine Burke Charles R. Burke Pat Colby Judith K. Connors, Chairman Wanda Crabtree Sandra Craig Glenda H. Knowles, Chairman Paul G. lankford, Chairman Reba McClanan, Chairman/President Joseph McGrenra Johnnie S. Miller, Chairman Kaye Mitchell Mellie-Rose Moore MaryAnne Nixon, President Karen Renda, President Doris Seymour Sue Smith Susie Sumnick George Taylor Joyce Taylor, President Buelah Thorpe Carole Turner William Werndli, President Ollie Whipple Elaine Yagen Lillian Youell - 52 - Item V-J. 5a/b. ORDINANCES IRESOLUTIONS ITEM # 57537 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, AS CORRECTED: Ordinances to A UTHORIZE acquisition: a. property at 305 2!!!t--~ 3002rl Street (McDonald's Property) from Herbert A. Holt, /II for $1,300,000 and A UTHORIZE the City Manager to execute all documents (DISTRICT 6 - BEACH) b. property at 300 2161~ 305 20th Street (parking lot for McDonald's property) from Mildred B. Stormontfor $495,000 andAUTHORIZE the City Manager to execute all documents (DISTRICT 6 - BEACH) Voting: 10-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva April 22, 2008 1 AN ORDINANCE TO AUTHORIZE THE PURCHASE OF 2 APPROXIMATELY 21,000 SQUARE FEET OF PROPERTY 3 LOCATED AT 300 21sT STREET IN THE CITY OF 4 VIRGINIA BEACH FROM HERBERT A HOLT, III, 5 (MCDONALD'S PROPERTY) 6 7 WHEREAS, Herbert A. Holt, III ("Holt") owns approximately 21,000 square feet of 8 real property located at 300 21st Street, in the City of Virginia Beach, Virginia (the 9 "Property"); 10 11 WHEREAS, Holt desires to sell the Property to the City of Virginia Beach (the 12 "City"); 13 14 WHEREAS, the City has identified the Property as a strategic site for potential 15 development at the Oceanfront; 16 17 WHEREAS, the Property is currently leased to and operated by McDonald's 18 Corporation (the "Tenant"), and that lease could be extended by the Tenant until March 19 18,2016; 20 21 WHEREAS, funding for this acquisition is available in the Various Site 22 Acquisition CIP account (CIP 3-368). 23 24 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 25 BEACH, VIRGINIA: 26 27 1. That the City Council authorizes the acquisition of the Property by 28 purchase pursuant to ~ 15.2-1800 of the Code of Virginia (1950), as amended, which 29 Property is generally identified as GPIN 2427-18-1343 and shown as the "Holt" property 30 on Exhibit A attached hereto. 31 32 2. That the City Manager or his designee is further authorized to execute all 33 documents that may be necessary or appropriate in connection with the purchase of the 34 Property, so long as such documents are in accordance with the Summary of Terms 35 attached hereto, and such other terms and conditions deemed necessary and sufficient 36 by the City Manager and in a form deemed satisfactory by the City Attorney. 37 Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day 38 of April ' 2008. CA 1 0553 v :\app J ications\ci tyJawprod\cycom32\ Wpdocs\D023\P002\0003906 7. DOC R-1 April 15, 2008 APPROVED AS TO CONTENT: ~c.~""- lie Works/Real Estate APPROVED AS TO LEGAL SUFFICIEN~ Ci~ffice , , I SUMMARY OF TERMS An Ordinance to authorize the purchase of approximately 21,000 square feet of property located at 305 21 st Street in the City of Virginia Beach from Herbert A. Holt, III (McDonald's Property) OWNER: Herbert A. Holt, III BUYER: City of Virginia Beach ZONING: RT-3 AICUZ: 65-70 dB DNL SALE PRICE: $1,300,000 at Settlement by check. SOURCE OF FUNDS: CIP-3-368- Various Site Acquisitions SETTLEMENT DATE: On or before thirty (30) days after acquisition is authorized by Council. SPECIAL TERMS AND CONDITIONS: . Property shall be conveyed subject to a ground lease to McDonald's Corporation (the "Lease"). At the option of McDonald's, the Lease could be extended until March 18, 2016. Other than the Lease, the Property must be conveyed free and clear of all leases, tenancies and rights of possession of any and all parties other than the City, . Council is also being asked to consider the acquisition of the adjoining 7000 square foot parcel, also leased to McDonald's and used as parking for McDonald's. The purchase price for the second parcel is $495,000. . Seller shall prepare Deed conveying title to the Property to City and pay all expenses of preparation of the Deed, the grantor's tax and its own attorney's fees and costs. . City shall bear all other costs of closing. v - \applications\citylawprod\cycom32\ W pdocs\D023 \P002\00039068 _ DOC ;.-J ~+~ ~~'/.. e~ ,,~o~ eO ,.. .... HI ~ :J: .... Oco NN r.n.... 0.... , l_. . -.1 EXHIBIT A ~ E 00 li Q) -m 'l1l ..- N oG ~ o ~ -0 Gl' e;> a- If) l'1 Gl' ::a Gl' -0 c:: Q) ~ Q) ~ .. u ~ ~ c( I o 9>- o x C> o N II . . .... ~ 10 ~ ~ lD o 8 .~ Q) Vl 1:: o B: ~ Vl 01 c:: 1M ~ I.!,! s; 0- >- .g 'E as a- t!? 0- I AN ORDINANCE TO AUTHORIZE THE PURCHASE OF 2 APPROXIMATELY 7,000 SQUARE FEET OF PROPERTY 3 LOCATED AT 305 20th STREET IN THE CITY OF VIRGINIA 4 BEACH FROM MILDRED B. STORMONT, (PARKING LOT 5 FOR MCDONALD'S PROPERTY) 6 7 WHEREAS, Mildred B. Stormont ("Stormont") owns approximately 7,000 square 8 feet of real property located at 305 20th Street, in the City of Virginia Beach, Virginia (the 9 "Property"); 10 11 WHEREAS, Stormont desires to sell the Property to the City of Virginia Beach 12 (the "City"); 13 14 WHEREAS, the City has identified the Property as a strategic site for potential 15 development at the Oceanfront; 16 17 WHEREAS, the Property is currently leased to and operated by McDonald's 18 Corporation (the "Tenant"), and that lease could be extended by the Tenant until March 19 18,2016; 20 21 WHEREAS, funding for this acquisition is available in the Various Site 22 Acquisitions CIP account (CIP 3-368). 23 24 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 25 BEACH, VIRGINIA: 26 27 1. That the City Council authorizes the acquisition of the Property by 28 purchase pursuant to S 15.2-1800 of the Code of Virginia (1950), as amended, which 29 Property is generally identified as GPIN 2427-18-1128 and shown as the "Stormont" 30 property on Exhibit A attached hereto. 31 32 2. That the City Manager or his designee is further authorized to execute all 33 documents that may be necessary or appropriate in connection with the purchase of the 34 Property, so long as such documents are in accordance with the Summary of Terms 35 attached hereto, and such other terms and conditions deemed necessary and sufficient 36 by the City Manager and in a form deemed satisfactory by the City Attorney. 37 Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day of 38 ~pril ' 2008. CA-1 0552 v: lapp I icationslc i tyla wprodlc ycom3 21 WpdocslD023 IP00210003 'JOb 7. DOC R-1 April 15, 2008 APPROVED AS TO CONTENT: r C.~f>.. lie Works/Real Estate APPROVED AS TO LEGAL SUFFICIENC : City SUMMARY OF TERMS An Ordinance to authorize the purchase of approximately 7,000 square feet of property located at 300 21st Street in the City of Virginia Beach from Mildred B. Stormont (Parking Lot-McDonald's Property) OWNER: Mildred B. Stormont BUYER: City of Virginia Beach ZONING: RT-3 AICUZ: 65-70 dB DNL SALE PRICE: $495,000 at Settlement by check. SOURCE OF FUNDS: CIP-3-368- Various Site Acquisitions SETTLEMENT DATE: On or before thirty (30) days after acquisition is authorized by Council. SPECIAL TERMS AND CONDITIONS: . Property shall be conveyed subject to a ground lease to McDonald's Corporation (the "Lease"). At the option of McDonald's, the Lease could be extended until March 18, 2016. Other than the Lease, the Property must be conveyed free and clear of all leases, tenancies and rights of possession of any and all parties other than the City. . Council is also being asked to consider the acquisition of the adjoining 21,000 square foot parcel, also leased to McDonald's and used as parking for McDonald's. The purchase price for the second parcel is $1,300,000. . Seller shall prepare Deed conveying title to the Property to City and pay all expenses of preparation of the Deed, the grantor's tax and its own attorney's fees and costs. . City shall bear all other costs of closing. "U 1 D '<C "U ~ ", :::l 1.0 ", :::l 1.0 (I) C :g o ;:+ (I) CD ;( ~. Co) CD c ro '" c o ::.: CD 1:1 -.j ;><: 0 "6 -fl. g [ ~ r- m () . . ~ ...li. CD = ~ II CD I\,;) :::l a. 0 '" 0 :s:: '" l'l Gi " ro '" a. 10 i2 :y 1)0 ':::;' f/l. f/l. (il m. Co) 3 6. ::J: o r- :-I o ::J: a !II ;:0 03 s: m o ;:0 Z -I :-I )>> a:.... ~;; "1J= z6 z~ 1\,;);:0 I\,;)n ~m ~c ~C90~O "03 ~Z ...li. . co)>> ~ (",) "r- ...li.o ...li.c ...li.CJ'\ (",) ~ - 1\,;)1\,;) (",)0 COo - -I (",) ::J: g o I\,;) ~ en m -I m 0 -I ~ m m -I I I I I ~ '-- '~, . ~~og :'\ ~ t-f\O t-f\ 9 ')\ ~ ~+2 ~ EXHIBIT A - 53 - Item V-J 6a. ORDINANCES IRESOLUTIONS ITEM # 57538 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AUTHORIZE temporary encroachments into portions of City property: Lake Joyce for Richard P. and Marilyn B. Mitchell at 4433 Blackbeard Road re constructing and maintaining a proposed pier access walkway, low profile boat lift and maintain existing wood pier, wood bulkhead and timber piles (DISTRICT 4 - BAYSIDE); The following conditions shall be required: I. The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval. 2. Nothing herein shall prohibit the City from immediately removing, or ordering the Applicant to remove, all or any part of the Temporary Encroachments from the Encroachment Area, in the event of an emergency or public necessity, and the applicant, to the extent of their respective interests therein, shall bear all costs and expenses of such removal. 3. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 4. The applicant shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the temporary encroachment. 5. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 6. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 7. The applicant must obtain a permit from the Planning Department prior to commencing any construction. April 22, 2008 - 54 - Item V-J 6a. ORDINANCES IRESOLUTIONS ITEM # 57538 (Continued) 8, The applicant must establish and maintain a riparian buffer, which shall be a minimum of fifteen (15) feet in width landward from the shoreline, shall run the entire length of the shoreline with the exception of the area on the easternmost portion of the shoreline where the applicant currently has a gravel surfaced area and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants. The buffer shall not be established during the months of June, July, or August so that it has the greatest likelihood of survivability. Prior to the issuance of a permit, the applicant must post a bond or other security, in an amount equal to the estimated cost of the required buffer plantings, to the Planning Department to ensure completion of the required buffer. The applicant shall notify the Planning Department when the buffer is complete and ready for inspection; upon satisfactory completion of the buffer as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the buffer to the shoreline is allowed. 9. The applicant must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00 combined single limits of such insurance policy or policies, The applicant will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. 10. The temporary encroachment must conform to the minimum setback requirements, as established by the City. 11. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant,' and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter,' and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes April 22, 2008 - 55 - Item V-J 6a. ORDINANCES IRESOLUTIONS ITEM # 57538 (Continued) Voting: 10-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva April 22, 2008 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY OWNED 6 PROPERTY KNOWN AS LAKE JOYCE 7 AND A 25' STRIP OF PROPERTY 8 AROUND LAKE JOYCE LOCATED AT 9 THE REAR OF 4433 BLACKBEARD 10 ROAD BY RICHARD P. MITCHELL 11 AND MARILYN B. MITCHELL 12 13 WHEREAS, Richard P. Mitchell and Marilyn B. Mitchell desire to construct and 14 maintain a proposed pier access walkway, proposed 8000 pound low profile boat lift and 15 to maintain an existing wood pier, existing wood bulkhead and timber piles upon a 16 portion of the City's property known as Lake Joyce and a 25' strip of property around 17 Lake Joyce, located at the rear of 4433 Blackbeard Road, in the City of Virginia Beach, 18 Virginia. 19 20 WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107, 21 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 22 City's property subject to such terms and conditions as Council may prescribe. 23 24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 That pursuant to the authority and to the extent thereof contained in 99 15.2- 27 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Richard P. Mitchell and 28 Marilyn B. Mitchell, their heirs, assigns and successors in title are authorized to 29 construct and maintain temporary encroachments for a proposed pier access walkway, 30 proposed 8000 pound low profile boat lift and to maintain an existing wood pier, existing 31 wood bulkhead and timber piles in a portion of the City's property as shown on the map 32 marked Exhibit "A" and entitled: "Proposed Boat Lift, Project Location: 4433 Black 33 Beard Road Virginia Beach, VA 23455, Applicant: Richard & Marilyn Mitchell 4433 34 Black Beard Road Virginia Beach, VA 23455", a copy of which is on file in the 35 Department of Public Works and to which reference is made for a more particular 36 description; and 37 38 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 39 subject to those terms, conditions and criteria contained in the Agreement between the 40 City of Virginia Beach and Richard P. Mitchell and Marilyn B. Mitchell (the "Agreement"), 41 which is attached hereto and incorporated by reference; and 42 43 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 44 is hereby authorized to execute the Agreement; and 45 46 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 47 time as Richard P. Mitchell and Marilyn B. Mitchell and the City Manager or his 48 authorized designee execute the Agreement. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day 51 of Apri 1 , 2008. CA-10564 X:IOIDlREAL ESTATEIEncroachmentslPW OrdinanceslCA 10564 Mitchell Ordinance-Final.doc V:lapplicationslcitylawprodlcycom32lW pdocslD031 IP002100052699. DOC R-1 PREPARED: 3/07/08 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM '^~CiJ2ljtf CIT A TIORNEY '- PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 11th day of February, 2008, by and between the CITY OF VIRGINIA BEACH, VI RGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and RICHARD P. MITCHELL and MARILYN B. MITCHELL, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot Nineteen (19)" as shown on that certain plat entitled: "Subdivision No. 1 Baylake Pines Princess Anne County, VA Scale: 1 "=1 00' February, 1954" and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 31, at page 53, and being further designated, known, and described as 4433 Blackbeard Road, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to construct and maintain a proposed pier access walkway, proposed 8000 pound low profile boat lift and to maintain an existing wood pier, existing wood bulkhead and timber piles, collectively the "Temporary Encroachment", in the City of Virginia Beach; GPIN 1570-80-2438 (25' City Strip & Lake Joyce) 1479-79-5283 WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Joyce and a 25' strip of property around Lake Joyce, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "PROPOSED BOATLlFT, PROJECT LOCATION: 4433 BLACKBEARD ROAD VIRGINIA BEACH, VA 23455, APPLICANT RICHARD & MARILYN MITCHELL 4433 BLACKBEARD ROAD VIRGINIA BEACH, VA 23455" a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction with the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants 3 (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary 4 III I I Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Richard P. Mitchell and Marilyn B. Mitchell, the said Grantee, have caused this Agreement to be executed by their signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 i Ii I I I I CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2008, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, On its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2008, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 ,I, I,; ~~ R ard P. Mitchell Jj~;rf~ 7' Marilyn B. Mitchell STATE OF CITY/COUNTY OF ~(n"A e,nr6\, to-wit: The foregoing instrument was acknowledged before me this I' day of 1=e.P~\'"tf ,2008, by Richard P. Mitchell. ~~ e;J I.1:fivt., Notary Public Notary Registration Number: ~q 5 Lf-01 My Commission Expires: UlLa-'f 3)>> 2.0 II '7__,~-"I.~-".c-, ~::,.~~;~;~~jt':'ii'i!~'~' L-~; n:;~.~;. I NOT;\;;'{ e: '; icK; CQ}<~MON'~\~E)\L"!':: c~. \i'inr.~!j.~t:\ N' '.' I ~o\Y Ot;~~?6:';":(~:~ ~:~r:";: ;,. ,'\ '. ,'" , ~,.....-,...""_",,-,,,.~..,.,,..c _' .~. STATE OF CITY/COUNTY OF VCfSiniA 8ench, to-wit: The foregoing instrument was acknowledged before me this \.t day of _febru..Q.r't..f-, 2008, by Marilyn B. Mitchell. ~~ .J .lHivt.., Notary Public Notary Registration Number: \ q S qOi My Commission Expires: d l.t.L>{ ~)),;w J \ ~::j~ \.. ~f .; ~ ~ .": ~, ~ . , 7,~d\"i" i....' ... . 7 APPROVED AS TO CONTENTS ~~~:R~' ~ pW RC:A( Cd-At~ DEPARTMENT .0) ," I I , APPROVED AS TO LEGAL SUFFICIENCY AND FORM 1 ~~ci}lA~ 8 EXH IBIT A PROPOSED 8000 LB. LOWPROFILE ElOATUFT LAKE JOYCE ! (INSTALLED PERMANUFACTURE~'S (O~~I~~~Hr {j.~ . ..\\l~c~tJ:f{;;?:},<,:...,. INSTRUCTIONS) yo.. .;..,< ';:.'..../';:.....0.%:..::.,.,~ '\. _, , ,. ....,/' '\~ k.;~~?S~:::~%;: ~="-'=~~-...':~ . TIMBER .. j<~ . \, z;/~l ;:;\\~~,:_,'"'::3';2",,="?_~,,~~'~,e:;;:::;v ----"-~"'=PTtES-~"-:;:,;;;-;"---o,~'c:-_occJ~~..-. .... !f/!f "--,.-... EXJST. V\O()[JPIER \~, 7-' 1...':'-- _2Q' ~mIPQlMiJERSflIP , .. r'~~':--- '~~--~~:~l'~-~~;;7::::,-~-,-"t:~ C-~j"" ..-~. t r"id '~-.,. [11Q;~~~~__.__ F~.~~RK . ,"">!.. . SHED EXIST. 'M)()[) BULKHEAD "--~.8UFFERZONE ~NGNOTES THIS sHEET ~,,,;,,_ .111 PI~RAt;q;$:wAl.1<YVAY TOBEINSrAtLE5. .-,,," ..~ .. "-:'!",.,.;.- I , ~/ / / J z. ~. ~, ~. ~\ \ LOT 19 BLK-1 LOT 18 STEPS TO BASEMENT -_._.__._-~ -Lj ~--'-o--t==~ ;-J '~~. rL .,.......Jl..p._...~ . __",_.,-", 52:69' i~':.T"---'--'~:::""":l ~?g;69'. Jt'.~." </ ~ -fut .~ I~o crio;l_~ .fl,,' /.,~ 13:55', .. .i!..... I i ;.~r ~ I J 1';sTY:"f:R:~.:&'-BRK. . ~ ., I WBASEMENT " .. i i -. , I 196'.. 'ar" .. '- JJ ' '. ,... '\.-11 .. '... .'Uj _...c.-......_,__.,....!:l . --.' .../. .....'. . . ,. I'! ~,.- ~ . .:0: A'.-.:/' -'~ i. ... .'~ :/1$ I ," ::/. / i " I K, . '.' ~ I J I ~... r i l "\. ..' I ,] ,! r j p' .' . "f I tl r .r: ,f ~ #', , " l J . -I, ,. I l ~;'t') l-.-1 ~ I BlACK BEARD ROAD (50' RJW) LOT 20 lM jg "lANT1NG NOTES: 1: THE.FQUDWNG SPECIES TO BE PlANTED: A, SOUTHERNARROVlOOD TREES (0) 8, FOTHERGIUA SI-lRVBS (12) C. PINXTERBLOOMAZAlEASHRUBS (13) !. TREES Al'OSHRUBS TO BE PlANTED AT5'O,C I. auFFERZONE TOBE MULCHED WTH HARDIIIOOD tvU_CHAND CONTINUOUSLY M<\INTAINED A=='h.41' . Ri< 200.00' AP01 4429.BLACKBEARD ROAD VIRGINIA BEACH, VA 23455 \.__-->L..l~~Qq~cf:::::,=:~~~~:5' ..>0' O'l' ~\ '0.'. PROPOSED SITE PLAN SCALE: 1" ==30' [f" ,K{V/s0 F. /~, A7 PROPOSI:D80AJ un Proposed encroachment for an existing pier and a proposed boat lift, PROJECT LOCATION: 4-433 BLACK BEARD ROAD VIRGiNiA BEACH, VA 23455 APPLICANT: RICHARD & MARILYN MITCHELL 4433 BLACK BEARD ROAD ViRGINlABEACH, VA 23455 I L DA1E: 03-28-07 - Q)t {3 "0 ~ ;o~ ~ W ...J - U- o 0:: 0- ~ ...J o Z ::) o 0- o o o CO ~ ~ ...J c( In;: ~cn ~m9 ...Jc(uw irl>~x x::co:::S uuw::) ~~o:co -=:moo coc(oz z-oc( z:::-o:: ~S;:aow --0- 0::-- D.. c(>~o :E -00 0l!S~0-0 ...Joo;: ...JO::O::C) W O-z :I:~..- u.-......... ....-.zcn -ww- :ECO:E~ 0.: ~:I: - uu.... Oc( U- O::...J~::::i c(COO::.... XC"')u<C ~C"')zo o::~wco a. o ""0 <l)<l)CU> :5:O(/)t:: c::Jo<l) .- (/) .- a. Q)<l)a.o ~..c<l)~ ::J...."Oo.. o c"" > .- 0 ..c .... a.. C) .- . "0 'C U Q)cuEQ) > Q) ,.. o..co;. ..o~~c CU 'S 0 .- "O.o.oE Q) C) Q) 3: L-c..c ::J . _ .... .... <1) 0"" Co ._ .~ c Q) > a. >< .- E 0 >Q)~..c-' t:: Q) ::J 0 Q) <l)..coco~ a."" .- 0 CU 0(1)0..0-1 a.~ .C(/) +-' ..c > Q) CO o(/)t::L-c .~_ ~.~ 3: -g..coEo en C) ~ .- c 'C a. (I) ~ II I I - 56 - Item V-J 6b. ORDINANCES IRESOLUTIONS ITEM # 57539 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AUTHORIZE temporary encroachments into portions of City property: Croatan Beach by James J. and Janet L. Perriello at 516 S Atlantic Avenue re constructing and maintaining a walkway and deck platform (DISTRICT 6 - BEACH; The following conditions shall be required: 1. The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval. 2. Nothing herein shall prohibit the City from immediately removing, or ordering the Applicant to remove, all or any part of the Temporary Encroachments from the Encroachment Area, in the event of an emergency or public necessity, and the applicant, to the extent of their respective interests therein, shall bear all costs and expenses of such removal. 3. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 4. The applicant shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the temporary encroachment. 5. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 6. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 7. The applicant must obtain a permit from the Planning Department prior to commencing any construction. 8. The applicant must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00 combined single limits of such insurance policy or policies. The applicant will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of or material change to, any of the insurance policies, The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. April 22, 2008 - 57 - Item V-J 6b. ORDINANCES IRESOLUTIONS ITEM # 57539 (Continued) 9. The temporary encroachment must conform to the minimum setback requirements, as established by the City. 10. The applicant must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 11. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 10-0 (By Consent) Council Members Voting Aye: 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, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva April 22, 2008 1 Requested by Department of Public Works 2 3 AN ORDI NANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS CROAT AN 7 BEACH BY JAMES J. PERRIELLO 8 AND JANET L. PERRIELLO 9 10 11 WHEREAS, James J. Perriello and Janet L. Perriello, desire to construct and 12 maintain a walkway and deck platform upon a portion of City property known as Croatan 13 Beach, located at the rear of 516 S. Atlantic Avenue, Virginia Beach, Virginia. 14 15 WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107, 16 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 1 7 City's property subject to such terms and conditions as Council may prescribe. 18 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 That pursuant to the authority and to the extent thereof contained in 99 15.2- 22 2009 and 15.2-2107, Code of Virginia, 1950, as amended, James J. Perriello and Janet 23 L. Perriello, their heirs, assigns and successors in title are authorized to construct and 24 maintain temporary encroachments for a walkway and deck platform on a portion of the 25 City's property as shown on the map marked Exhibit "A" and entitled: "Walkway and 26 Platform Design Specifications - 516 S. Atlantic Avenue" a copy of which is on file in the 27 Department of Public Works and to which reference is made for a more particular 28 description; and 29 30 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 31 subject to those terms, conditions and criteria contained in the Agreement between the 32 City of Virginia Beach and James J. Perriello and Janet L. Perriello (the "Agreement"), 33 which is attached hereto and incorporated by reference; and 34 35 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 36 is hereby authorized to execute the Agreement; and 37 38 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 39 time as James J. Perriello and Janet L. Perriello and the City Manager or his authorized 40 designee execute the Agreement. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia, on the 43 ??nndayof :npril ,2008. CA-10107 X:\OID\REAL ESTATE\Encroachments\PW Ordinances\CA10107 Perriello-2"" Revision.doc V :\applicalions\cilylawprod\cycom32\Wpdocs \D028\P003\00052539. DOC R-2 PREPARED: 3/28/08 APPROVED AS TO CONTENTS ~ C, ~S'" GNATURE PLU RtA\/ C@"t DEPARTMENT APPROVED AS TO LEGAL ~~ENCYANDFORM / ~' . 1~~~~ CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811 (C) (4) THIS AGREEMENT, made this ~ day of ~, 2008, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JAMES J. PERRIEllO AND JANET L. PERRIEllO, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Parcel B, Block 29", as shown on that certain plat entitled: "RESUBDIVISION OF PROPERTY LOTS 4, 5, 6, 14, 15 & 16 BLOCK 29 RESUBDIVISON OF PART OF CROATAN BEACH M.B. 37 P. 11 VIRGINIA BEACH, VIRGINIA SCALE 1" = 20' NOVEMBER 25, 1998," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 274, at page 77, and being further designated, known, and described as 516 S. Atlantic Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a walkway and deck platform, collectively, the "Temporary Encroachment", in the City of Virginia Beach; GPIN: 2427-30-4791 (CITY PROPERTY GPIN: 2427-30-8604) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property located at the rear of 516 S. Atlantic Avenue known as Croatan Beach, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "Walkway and Platform Design Specifications - 516 S. Atlantic Avenue," a copy of which is attached hereto as EXHIBIT "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and the Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, includi ng reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location, or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction with the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as 3 additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the 4 Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, James J. Perriello and Janet L. Perriello, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its names and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2008, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2008, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 ,I., I ~~.(S~\)~ et L. Pernello STATE OF VirginIa.. CITY/COUt~TY or v,~, nio.. Be.o.cb., to-wit: The foregoing instrument was acknowledged before me this ~ day of ~Yi \ , 2008, by James J. Perriello and Janet L. Perriello. They are personally known to me or they have produced v1r~i(\~a. Drivero Lic~n~as identification. /JIIII L III O . ....: S,() I".... ...... ..' y P;:". "/1 /.... ... v~ . ':A\. ~ ... I""t ,"0 ~ '. '\'" ' :: ...,:"" ~ ....... : ~ - .. 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ORDINANCES IRESOLUTIONS ITEM # 57540 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to APPROPRIATE $1,600,000 of fund balance from The Central Business District (CBD)- South Tax Increment Financing (CBD TIF) Special Revenue Fund to provide partial funding re purchase of the Block 7 Garage, Westin Conference Center and the Block 7 Pedestrian Bridge Town Center Voting: 8-2 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorj John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: William R. "Bill" DeSteph and Reba S. McClanan Council Members Absent: Ron A. Villanueva April 22, 2008 ,I; I I 1 AN ORDINANCE TO APPROPRIATE $1,600,000 OF FUND 2 BALANCE FROM THE CENTRAL BUSINESS DISTRICT- 3 SOUTH TAX INCREMENT FINANCING SPECIAL 4 REVENUE FUND TO PROVIDE PARTIAL FUNDING FOR 5 THE PURCHASE OF THE BLOCK 7 GARAGE, WESTIN 6 CONFERENCE CENTER, AND THE BLOCK 7 7 PEDESTRIAN BRIDGE IN THE CENTRAL BUSINESS 8 DISTRICT 9 10 WHEREAS, to reduce the amount of debt financing for the City's share of 11 infrastructure improvements in Block 7 of the Central Business District, it is necessary to 12 appropriate $1,600,000 of fund balance from the Central Business District-South Tax 13 Increment Financing Special Revenue Fund. 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 18 That $1,600,000 of fund balance from the Central Business District-South Tax 19 Increment Financing Special Revenue Fund is appropriated for the purchase of the 20 Block 7 Garage, Westin Conference Center, and the Block 7 Pedestrian Bridge in the 21 Central Business District. 22 23 Adopted by the Council of the City of Virginia Beach, Virginia on the 22nd day 24 of April ,2008. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: JJc~(}.~ Management Services CA 10689 R-1 April 11, 2008 - 59 - Item V-J. 7.b. ORDINANCES IRESOLUTIONS ITEM # 57541 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to APPROPRIATE $189,256 of State Revenue to the FY2007-08 Operating Budgetfor the Clerk of the Circuit Court re result of increase in state salarv base not included in the City's FY 2007-2008 Operating Budget Voting: 10-0 (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, Rosemary Wilson and James L. Wood . . Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva April 22, 2008 I 1,1 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $189,256 OF STATE REVENUES TO THE CLERK OF THE 3 CIRCUIT COURT'S FY 2007-08 OPERATING BUDGET AS 4 A RESULT OF AN INCREASE IN THE STATE SALARY 5 BASE 6 7 WHEREAS, the State Compensation Board has provided a 4% increase in 8 the salary base of positions in the Clerk of the Circuit Court's Office, which equals 9 $18B,256 for salaries and fringe benefits for FY 2007-08. 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 12 OF VIRGINIA BEACH, VIRGINIA: That $189,256 of state revenues is accepted and 13 appropriated to the Clerk of the Circuit Court's FY 2007-08 operating budget as a result 14 of an increase in the State salary base. 15 16 Adopted by the Council of the City of Virginia Beach, Virginia on the 17 ~nd day of April ,2008. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 5)~\L Management Services CA 10686 R-1 April 8, 2008 - 60- Item V-J.8. ORDINANCES IRESOLUTIONS ITEM # 57542 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Resolution to APPOINT Lyndon S. Remias as City Auditor and establish the City Council's fifth Appointee effective May 15, 2008 Voting: 10-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva April 22, 2008 1 A RESOLUTION APPOINTING LYNDON S. REMIAS TO THE 2 POSITION OF CITY AUDITOR AND ESTABLISHING THE 3 EFFECTIVE DATE FOR THE PRIOR CITY COUNCIL 4 ORDINANCE THAT CREATED THE OFFICE OF THE CITY 5 AUDITOR 6 WHEREAS, on December 11, 2007, City Council adopted An Ordinance Amending 7 City Code Sections 2-465 to 2-468 and Adding Sections 2-469 to 2-477 to Create the 8 Office of the City Auditor and to Abolish the Department of Audit Services ("Ordinance 9 #3005"); 10 11 WHEREAS, the effective date of the ordinance was February 16, 2008; and 12 13 WHEREAS, on February 12, 2008, City Council adopted a resolution that 14 indefinitely extended the effective date of City Council Ordinance #3005 until such time as 15 City Council appoints the new City Auditor. 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH: 19 20 1. That Lyndon S. Remias is hereby appointed to the position of City Auditor, 21 effective May 15, 2008. 22 23 2. That his annual salary shall be $96,000, and his annual car allowance shall 24 be $6,000. 25 26 3. That the effective date of City Council Ordinance #3005 shall be May 15, 27 2008. Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day of April , 2008, APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: ~~r CA-10688 R-3 April 12, 2008 V-K PLANNING 1. GRACE BIBLE CHURCH 2. SUBDIVISION FOR MILL LANDING ASSOCIA TES, L.L. C. 3. KATHLEEN D. RENFRO 4. EVELYN'S WILDLIFE REFUGE 5. ASSI HOUSE, INC. - 61 - ITEM # 57543 6. VALUE PLACE REAL ESTATE SERVICES, L.L.C. 7. WELDENFIELD OF VIRGINIA, L.L.c. STREET CLOSURE VARIANCE CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT MODIFICATION OF CONDIITONS ConduwnalUsePermu (Approved December 12,1988) MODIFICATION OF PROFFERS Conditional Change of Zoning (approved April 22, 2003) CONDITIONAL CHANGE OF ZONING April 22, 2008 - 62- Item V-K. PLANNING ITEM # 57544 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED in ONE MOTION Items 1, 3 (Condition 2 Revised), 4, 6 (DEFERRED INDEFINITELY) and 7 (DEFERRED May 13,2008) of the PLANNING BY CONSENT AGENDA. Voting: 10-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva Council Lady Henley DISCLOSED Pursuant to Section 2.2-3115(G), Code of Virginia, she is executing this disclosure regarding City Council's discussion and she may vote on the application of Kathleen D. Renfro for a Conditional Use Permit (Item K.3). The Murden Family Trust, in which she has an ownership interest, is the owner of the property adjacent to 3940 Dawley Road The City Attorney has advised she is able to participate in this transaction fairly, objectively, and in the public interest. Council Lady Henley's Disclosure of April 22, 2008, is hereby made a part of the record Councilman Dyer ABSTAINED on Item K. 7 (Welden field of Virginia, L.L.C.) as he is employed by the applicant (Regent University) April 22, 2008 'I, i I - 63 - Item V-K.1. PLANNING ITEM # 57545 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council, ADOPTED Ordinance extending the date for compliance of conditions to July 23, 2008, upon application of GRACE BIBLE CHURCH for the discontinuance, closure and abandonment of an unimproved right-of way (Pritchard Road) at Ansol Lane: Ordinance upon application of Grace Bible Church for the discontinuance, closure and abandonment of an unnamed, unimproved right-ofway beginning on the north side of Ansol Lane and extending approximately 477. 05 feet in a northerly direction. DISTRICT 3 - ROSE HALL Condition 4 of the closure requires that all of the conditions necessary to abandon the right-ofway be accomplished within 365 days of the date of approval. The applicant needs additional time to complete the tasks required of the conditions, and is, therefore, requesting an extension of ninety (90) days for satisfaction of the conditions The conditions of the approval were: 1. The City Attorney's Office will make the final determination regarding ownership of the underlyingfee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, " approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-ofway proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-ofway proposedfor closure. Ifprivate utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council (April 23, 2008), If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way, this approval shall be considered null and void. April 22, 2008 - 64- Item V-Xl. PLANNING ITEM # 57545 (Continued) Voting: 10-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva ,I: I I April 22, 2008 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING CONDITIONS IN THE MATTER OF 3 CLOSING, VACATING AND DISCONTINUING A 4 PORTION OF THAT CERTAIN STREET 5 DESIGNATED AND DESCRIBED AS "12' ROAD TO 6 BE CLOSED 4,773 SF, 0.110 AC." AS SHOWN ON 7 THAT CERTAIN PLAT ENTITLED "EXHIBIT 'A' 8 SHOWING 12' ROAD CLOSURE, L YNNHA VEN 9 BOROUGH, VIRGINIA BEACH, VIRGINIA" 10 11 WHEREAS, on April 24, 2007, the Council of the City of Virginia Beach 12 acted upon the application of A. Ray Megginson, Trustee for Grace Bible Church for the 13 closure of a 12' road as shown on Exhibit "A"; 14 15 WHEREAS, on April 24, 2007 the Council adopted an Ordinance to close 16 the aforesaid street, subject to certain conditions being met on or before April 23, 2008; 17 and 18 19 WHEREAS, on April 15, 2008, the applicant requested an extension of 20 time to satisfy the conditions attached to the aforesaid street closure. 21 22 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 23 Virginia Beach, Virginia: 24 25 That the date for meeting conditions of closure as stated in the Ordinance 26 adopted on April 24, 2007, upon application of A. Ray Megginson, Trustee for Grace 27 Bible Church, is extended to July 23, 2008. 28 29 Adopted by the Council of the City of Virginia Beach, Virginia, on this 30 22nddayof April ,2008. 31 32 GPIN: 1497-13-5862,1497-13-8854 CA-10571 V:lapplicationslcitylawprodlcycom32lWpdocslD015lP003100054194.DOC R-1 April 15, 2008 APPROVED AS TO LEGAL SUFFICIENCY: Planning epartment Lu{i~q\ Wkt~lUvV City Attorney Discontinuance, closure and abandonment of an unimproved right-of-way, ;-r'" GRACE BIBLE CHURCH Agenda Item 1 March 14, 2007 Public Hearing "264 Staff Planner: Carolyn A. K. Smith REQUEST: ADDRESS I DESCRIPTION: Beginning on the north side of Ansol Lane and extending approximately 477.05 feet in a northerly direction. COUNCIL ELECTION DISTRICT: 3 - ROSE HALL SITE SIZE: 4,773 square feet SUMMARY OF REQUEST The applicant requests to close a portion of a 12 foot wide, unimproved street (Pritchard Road) that runs in a northerly direction from the terminus of Ansol Lane to the Norfolk Southern Railway. The closure is necessary for the development of adjoining property for a church. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND USE AND ZONING: North: South: East: West: . Norfolk Southern Railroad right-of-way . 1-264 . Single-family dwelling I 0-2 Office District . Vacant woods I 0-2 Office District NATURAL RESOURCE AND CULTURAL FEATURES: The site is within the Chesapeake Bay watershed and a portion of the property is within the Resource Protection Area. AICUZ: The site is in an AICUZ of 70 to 75 dB Ldn surrounding NAS Oceana. GRACE BIBLE CHURCH I Street Closure Agenda Item 1 Page 1 IMPACT ON CITY SERVICES WATER & SEWER: There are no public utilities in the right-of-way proposed for closure. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Evaluation: The Viewers met on February 19, 2007, and reviewed this request. As in any street closure application, the review is primarily based on current and future needs for the right-of-way for vehicular, pedestrian, or public infrastructure purposes. This street closure request is part of a Rezoning and a Conditional Use Permit application for the construction of a church. The total area of that project includes 18.92 acres. The Viewers recommended approval of this request, subject to the conditions listed below, as it was determined that there will be no public inconvenience from the closure and abandonment of this right-of- way. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. GRACE BIBLE CHURCH I Street Closure Agenda Item 1 Page 2 jl,ERljI,L Of SITE LOCjI, lION GR"CE BIBLE CHURCH I street Closure p..genda \tern 1 page 2> NORFOLK SOUTHERN RAILWAY , .. 1989.87' (RIGHT OF WAY 66') N89"3456 E 12.30' N89'35'01"E GPIN 1497-03-7953 GPIN 1497-13-8854 GPIN 1497-13-5862 :J --.\ '0 0'_ tJ.I <.D O'l a.. 0'_ 12' ROAD TO BE CLOSED 4.773 SF, 0,110 AC. ANSOl LANE (ACCESS ROAD) N82'lS'OB"W 12.84' VIRGINIA BEACH 521.53' N82'15'OS"W - NORFOl ROUTE 44 (VARIABL K EXPRESSWAY E WIDTH) EXHIBIT "A" SHOWING 12' ROAD CLOSURE l YNNHAVEN BOROUGH. VIRGINIA BEACH, VIRGINIA engineering services, inc. Civil Engineering - Land Surveying 3351 Stoneshore Road, Virginia Beach, VA. 23452 (757) 468-6800 FAX (757) 468-4966 E-mail: email@esiofva.com Dote 01/22/07 :lwg\Bd1ibits\ROad OtB.lf!: e.:hihit.dwg, 8.Sxll, 1fll!2.007 1:49:32 PM, payf, 1:1 SURVEY OF AREA TO BE CLOSED GRACE BIBLE CHURCH / Street Closure Agenda Item 1 Page 4 # ~ if, o ""'" ~) !!! .00 "* "" "i g 5 ;g . . i $I f;; N ~ ,'g< , ::> # 9 :; t ' 8 It # \li ", :l<o< i <<<., i t:; fi 'r '5 tr m DISCLOSURE STATEMENT GRACE BIBLE CHURCH I Street Closure Agenda Itetn 1 Page 6 III i I N89034'56"E NORFOLK SOUTHERN RAILWAY (RIGHT OF WAY 66') 1989.87' 12.30' N89"35'01"E GPIN 1497-03-7953 GPIN 1497-13-5862 ~ ~ GPIN ~ ~ 1497-13-8854 ~ ~ i> i> o~ o. ~ ~ ANSOl LANE (ACCESS ROAD) 12' ROAD TO BE CLOSED 4,773 SF, O.110AC. NB2015'OB"W 12.84' VIRGINIA 8EACH 521.53' N82015'08"W - NORFOl ROUTE 44 ( VARIABLE ~/~~RESSWA Y EXHIBIT "A" SHOWING 12' ROAD CLOSURE L YNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA engineering services, inc. Civil Engineering - Land Surveying 3351 Stoneshore Road, Virginia Beach, VA. 23452 (757) 468-6800 FAX (757) 468-4966 E-mail: email@esiofva.com Date 01/22/07 Scale: 1"=100' Drawn B PAYF ,I. I i ,J7"~.~4. .. "... [J "^ . ....""t'<"0.~ 'i!Clliu@ @rnJLY~".~J::_2.6,!4..' 3 . T;i(C:,~f1n77"^"'^^'-""~'"" 1.;:',.\\..,:;l':Jt.;l..~ ." "'" , 00 R-~5;\:~Y2""0,A.;'~,! " . · /:q;:1~;z< .~<<<': ,/) .~'~ {) '^"" '~'i,<)...(;,::tJ:'(1l) <'....0 f'f'{eJ)' ,,0 d y. . . \:~'''\~'~'.' (~.>-r: -;(~,~./ Street Closure 1 02/26/02 CUP (wireless communications tower) Granted 2 04/11/88 CUP (church) Granted 3 04/07/86 CHANGE OF ZONING (R-6 TO A-2) Denied ZONING HISTORY GRACE BIBLE CHURCH / Street Closure Agenda I tern 1 Page 5 - 65 - Item V-K.2. PLANNING ITEM # 57546 Bill Gambrell, 207 23rd Street, Land Planner, representing the applicant, advised the property consists of three (3) lots, totaling 1.34 acres, There is an existing dwelling on the site that is slatedfor removal. The site can support the proposedfour residential lots under the R-7.5 zoning, except that the lots lack the width necessary at the right-oi-way. Since there is now only (40) feet offrontage, the applicant is requesting a variance to lot widthfor each of the four (4) proposed lots. This is an ecofriendly site Jim Elfelt, 2408 Chub Lake Avenue, Phone: 287-5830, the applicant and 20 plus resident of Chesapeake Beach. He purchased this land on which to build his dream home. There are many small lots in Chesapeake Beach on which 3-story box style units are being built, Mr. Elfelt will be redeveloping these three (3) small lots into four (4) oversized lots. The original plan submitted did have the proper roadfrontagefor allfour (4) lots, but the staff suggested the road surface be reduced to a smaller area, which does not provide the road frontage required by zoning. The following registered in OPPPOSITION: Mark Walker, 2504 Chubb Lake Avenue, Phone: 460-9529, Co-Chair of the Architectural, Preservation and Zoning Committee for the Chesapeake Beach Civic League. Several of the lots are long and narrow and actually consideredflag lots, Only one (1) additional flag lot is allowed and that lot must meet zoning and subdivision requirements. The applicant is actually creating three (3) additional flag lots. Mr, Walker's statement is hereby made a part of the record. Dr, Roger Gregory, 5008 Lauderdale Avenue, Phone: 363-0267, resident of Chic's Beach for over twenty (20) years. Dr, Gregory opposes clear cutting a beautiful wooded area and overbuilding property in Chic's Beach. Fire and police must have access to homes. Heidi Janicki, 4817 Lauderdale Avenue, Phone: 318-9290, President - Chesapeake Beach Civic League. The League voted to OPPOSE any variance requested by Mill Dam Landing Associates for the creation of four (4) lots on this property. Petition and statement in opposition is hereby made a part of the record. Bob Costello, 4909 Bradpointe Lane, Phone: 227-6728, resident of Chesapeake Beachfor 21 years. Do not create a new precedence that will allow development with two (2) residences, Wally Damon. 2242 Greenwell Road, Phone: 460-5779, 50-year resident of Chesapeake Beach. Approval would set a negative precedence for all the areas in the neighborhood which have similar conditions, The zoning ordinance is intended to prevent this sort of flag lot development for safety legal and liability reasons. A 10-foot driveway is not a good idea. Mr. Damon lives on aflag lot with a 20-foot driveway. Elizabeth Gregory, 5008 Lauderdale Avenue, advised the "For Sale" signs adverting 4 Lakefront Lots were erected this weekend. Photographs were distributed and Ms. Gregory's e-mail is hereby made a part of the record. Brian Thomas, 2629 West Chub Lake Avenue, adjacent property owner. At least one or two of the houses on the lots would have to be shaped to the setback. April 22, 2008 - 66 - Item V-K.2. PLANNING ITEM # 57546 (Continued) Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED to May 27, 2008, Variance to certain elements of the Subdivision Ordinance requiring all newly created lots meet the requirements of the City Zoning Ordinance (CZO), Subdivision for Mill Dam Landing Associates, L.L. C. at 4949 Lookout Road (Lake Bradford and Chubb Lake) The applicant will meet with the neighbors to prepare a more acceptable plan. Three (3) lots were preferred, rather thanfour (4). The "For Sale" Signs shall be removed. Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Mill Dam Landing Associates, L.L. C. Property is located at 4949 Lookout Road (GPINs 1570329366; 1570420587,' 1570420690). DISTRICT 4 -BAYSIDE Voting: 10-0 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva April 22, 2008 - 67- Item V-K.3. PLANNING ITEM # 57547 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council, ADOPTED Ordinance upon application of KATHLEEN D. RENFRO for a Conditional Use Permit re a horse riding academy (lessons for beginner-level riders): ORDINANCE UPON APPLICATION OF KATHLEEN D. RENFRO FOR A CONDITIONAL USE PERMIT FOR A RIDING ACADEMY (LESSONS) RO 40835262 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Kathleen D. Renfro for a Conditional Use Permit for a riding academy (lessons) on property located at 3940 Dawley Road (GPIN 2411374524). DISTRICT 7 - PRINCESS ANNE Condition No.2 shall be REVISED. The following conditions shall be required: 1. Hours of operation shall be from Monday through Sunday 8:00AM until dark but not later than 8:00 PM 2. All lighting on the site shall be directed inward and shall not spillover onto adjoining properties. 3. No outside speakers or sound systems shall be permitted. 4. The site is limited to horse boarding and lessons; there shall be no horse shows, polo matches or events. 5, These conditions shall remain in effect as long as the horse boarding facility is in operation. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-second of April Two Thousand Eight April 22, 2008 I, , - 68 - Item V-K.3. PLANNING ITEM # 57547 (Continued) Voting: 10-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva Council Lady Henley DISCLOSED Pursuant to Section 2.2-3115(G), Code of Virginia, she is executing this disclosure regarding City Council's discussion and she may vote on the application of Kathleen D. Renfro for a Conditional Use Permit (Item K.3). The Murden Family Trust, in which she has an ownership interest, is the owner of the property adjacent to 3940 Dawley Road. The City Attorney has advised she is able to participate in this transaction fairly, objectively, and in the public interest. Council Lady Henley's Disclosure of April 22, 2008, is hereby made a part of the record. April 22, 2008 City e>f Vi:rgi~ia. Bea.ch VBgov.com BARBARA M. HENLEY CITY COUNCIL MEMBER - PRINCESS ANNE - DISTRICT 7 PHONE. (757) 426-7501 BARBARA@BARBARAHENLEYCOM April 22, 2008 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Section 2.2-3115(G), Code of Virginia Dear Mrs. Fraser: Pursuant to the Virginia Conflict ofInterests Act, Section 2.2-3115(G), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Kathleen D. Renfro for a Conditional Use Permit for a horse riding academy at 3940 Dawley Road. 2. The Murden Family Trust, in which I have an ownership interest, is the owner of property adjacent to 3940 Dawley Road. 3. Parcels of property owned by other individuals or entities are also located adjacent to, and across from, 3940 Dawley Road. 4. I am a member ofa group (owners of property adjoining or across from 3940 Dawley Road) the members of which are affected by Council's consideration of this application. 5. I am able to participate in this transaction fairly, objectively, and in the public interest. 3513 CHARITY NECK ROAD, VIRGINIA BEACH, VIRGINIA 23456 Mrs. Ruth Hodges Fraser, MMC City Clerk April 22, 2008 Page 2 Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. ~,~ Barbara M. Henley Councilmember BMH/RRI Cc: Leslie L. Lilley, City Attorney III i I I - 69- Item V-K,4. PLANNING ITEM # 57548 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council, ADOPTED ORDINANCE UPON APPLICATION OF EVELYN'S WILDLIFE REFUGE FOR A CONDITIONAL USE PERMIT RE A WILDLIFE OUTDOOR REHABILITATION FACILITY RO 40835263 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of EVELYN'S WILDLIFE REFUGE for a Conditional Use Permit re a wildlife outdoor rehabilitation facility at 2633 Highland Drive, DISTIRCT 1 - CENTERVILLE The following conditions shall be required: 1. All cages and structures shall be located in the area currently enclosed by a 36-inch split-rail fence as identified on the submitted "Physical Survey of Lot 15, Subdivision of Highland Acres, Section One, Kempsville Borough- Virginia Beach, For James p, Flengas & Evelyn p, Flengas ", prepared by Lee S. Rood, P. C. and last revised March 16, 1996. Any cages and structures not meeting this requirement at the time of City Council approval of this Use Permit shall be moved to meet the setbacks within 30 days of City Council approval. 2. The applicant shall adhere to the standards of Section 242.3 of the City Zoning Ordinance pertaining to Home-Based Wildlife Rehabilitation Facilities. 3. The use shall be administratively reviewed in one year to ensure these conditions are being adhered to. 4. No more than six (6) volunteers shall be on-site at any given time. 5. The existing six (6) foot high privacy fence along the southern property line shall remain in place and be maintained in good condition. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-second of April Two Thousand Eight April 22, 2008 - 70- Item V-K.4. PLANNING ITEM # 57548 (Continued) Voting: 10-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva April 22, 2008 I, , - 71 - Item V-K.5. PLANNING ITEM # 57549 Thefollowing registered in SUPPORT: Attorney R. J. Nutter, 222 Central Park Avenue, Phone: 687-7500, representing the applicant, advised the Assisi House is a private non-profit Board composed of residents throughout the City. Assisi House has one purpose which is to build and provide a home for mild and moderately mentally challenged individuals in the City. This home will provide for eight (8) residents, in addition to a bedroomfor a staff person. The home will be staffed 24 hours per day, The residents range in age from their early 20 's to their late 50 's and in some cases into their 60 'So The Assisi House is working with the Commonwealth's Department of Social Services to obtain licensure to operate the facility under the City's definition of a "family" as defined by the Zoning Ordinance. This home must meet all stormwater requirements, This home is 5700 square feet. The home originally had a 30-foot set back and, as requested, the home was moved back 10 feet. The home has been angled at thirty degrees. The walkway entrance has been altered to come into the church property. The elevation to the home has been modified by windows with shutters, transformed from a gable to a hip roof Attorney Nutter displayed different views with landscaping on three sides of the structure. TerryJenkins, 1016 Camino Reale South, Phone: 301-2382, Volunteer in the Community. Dr. Jenkins spoke re the needs of individuals with mental retardation, who reside in Virginia Beach. The Department. of Human Services has a waiting list of more than 270 mentally handicapped individuals. More than 40 of these individuals are deemed to be in urgent circumstances. Dennis Free, 2348 Huckleberry Trail, Phone: 427-5464, works with a number of special needs individuals through the Respite Center and through the Pals Program. Peter Schmidt, 1029 Bobolink, advised his daughter has Down Syndrome. Several years ago his wife served on the Assisi House Board. His daughter graduated this past June at the age of 21 through the trainable mentally retarded program at Ocean Lakes High School. Mr. Schmidt presented his statement, which is hereby made a part of the record. Father James E. Parke, 4853 Princess Anne Road, Phone: 495-1886, Church of the Ascension Sandra P. Thompson, 2612 Lampworth Road, Richmond, Virginia, Phone: (804) 795-1046, one of the founders of a residential facility in the Richmond area "Good Neighbor Village ", which serves as a model for Assisi House. She has worked with the Founders for six (6) years. Joe Hoppel, 1125 Shenvalee Drive, Phone; 467-0207, spoke in support and advised the property values will not decrease. The neighbors in opposition have no criteria to back up this claim. There are 270 individuals on the waiting list for a group home. Mr. Hoppel attends Ascension Church. Steven Ford, 845 North Plantation Drive, Phone: 481-0894, President - Down Syndrome Association of Hampton Roads. One of their missions is to promote empowerment and acceptance of individuals with Down Syndrome. The following registered in OPPOSITION: Quinn Miano, 4917 Rosecroft Steet, Phone (Cell) 288-0687, advised the buffer zone between the church and the neighborhood should not be abandoned. The Home appears more like a "quasi Motel" David Mansfield, 4936 Rosecroft Street, Phone: 467-4260, resident of the Broolifield Crossing Neighborhood, is opposed to the physical structure, which needs to be located back with the existing structures in the immediate proximity to the church. Statement is hereby made a part of the record. April 22, 2008 ,I. i I - 72- Item V-K.5. PLANNING ITEM # 57549 (Continued) Arnold Kestenbaum, 4909 Rosecroft Street, Phone: 339-2661, referenced the news article in the Virginian Pilot. Pat Miano, 4917 Rosecroft Street, Phone: 495-1613, directly across from the proposed site, and one of thefoundingfamilies of Ascension Church. Ms. Miano expressed concern re the absence of the buffer zone and individuals, chased by police, who hadjust left a party at Church of The Ascension Community Center. Ms. Miano referenced other instances of criminal disruptions. The Center is rented out as a party facility. Ms. Miano submitted photographs re the parking issue. William Bailey, 4841 Rosecroft, Phone: 288-5761, advised the residents of Rosecroft Street are not bigots as painted by the Virginian-Pilot article. 100% of the Rosecroft residents support the purpose of the Home. There is no consideration of the amount of traffic on Rosecroft Street. Mr, Bailey expressed concern re the traffic and the lack of a BMP. Upon motion by Councilman Diezel, seconded by Councilman Dyer, City Council ADOPTED Ordinance upon application of ASSISI HOUSE, INC., for a Modification of Conditions to a Conditional Use Permit (approved by City Council on December 12, 1988) at 4853 Princess Anne Road re construction of a dwelling to provide a nondenominational, supervised, residential facility for no more than eight (8) adults with mild to moderate retardation. ORDINANCE UPON APPLICATION OF ASSISI HOUSE, INC. FOR THE MODIFICATION OF CONDITIONS FOR A CONDITIONAL USE PERMIT APPROVED BY CITY COUNCIL ON DECEMBER 12,1988 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Assisi House, Inc. for the Modification of Conditions for a Conditional Use Permit approved by City Council on December 12, 1988. Property is located at 4853 Princess Anne Road (GPIN 14760644640000). DISTRICT 2 - KEMPSVILLE The following conditions shall be required: 1. The existing Use Permits for the church located on this property are modified to allow a dwelling for a family consisting of a group of not more than eight (8) mentally ill, mentally retarded or developmentally disabled persons residing with one (1) or more resident counselors or other staff persons and licensed by the Department of Mental Health, Mental Retardation and Substance Abuse Services; provided that mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in Section 54,1-3401 of the Code of Virginia. 2. The dwelling's location on the property shall be in substantial conformance with the exhibit entitled, "Preliminary Site Plan of the Assisi Housefor the Church of the Ascension, "prepared by Site Improvement Associates, dated 11-08-07, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning. Shifting of the footprint of the building to the west in order to lessen the length ofthefar;ade parallel to Rosecroft Street shall be permitted upon review and approval of the Director of Planning. April 22, 2008 j I, ii, I - 73 - Item V-K.5. PLANNING ITEM # 57549 (Continued) 3. When developed, the proposed dwelling shall be constructed with exterior building materials and an architectural design in substantial conformance with the elevation entitled, "The Assisi House," prepared by Mod-U-Kraf Homes, L.L.C, dated October 2003, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning. Shutters shall be added to the windows, 4. At a minimum, landscaping shall be installed as depicted on the exhibit entitled, "Preliminary Site Plan of the Assisi Housefor the Church of the Ascension, "prepared by Site Improvement Associates, dated 11-08-07, which has been exhibited to the Virginia Beach City Council and is onfile in the Department of Planning. This landscaping shall be a mix of at least 13 trees (minimum 2 - 2 12 inch caliper at time of installation) and 50 evergreen shrubs (minimum height of 24 inches at installation). A landscape plan depicting this plant material shall be submitted with the final site plan for review and approval. 5. Access to the building site during construction of the dwelling shall not be via Rosecroft Street. The staging areafor construction materials and equipment shall be located on the interior (northern) side of the construction site. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance, Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-second of April Two Thousand Eight Voting: 9-1) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: Ron A. Villanueva April 22, 2008 - 74- Item V-K.6. PLANNING ITEM # 57550 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED INDEFINITELY Ordinance upon application of VALUE PLACE REAL ESTATE SERVICES, L.L.C., for the Modification of Proffers to proposed uses and development plans re a Conditional Change of Zoning from AG-1 Agricultural District to Conditional 0-1 Office District and Conditional H-1 Hotel District: ORDINANCE UPON APPLICATION OF VALUE PLACE REAL ESTATE SERVICES, L.L.c. FOR THE MODIFICATION OF CONDITIONS FOR A REQUEST APPROVED BY CITY COUNCIL ON APRIL 22, 2003 (GLAMOUR CORPORA TION Ordinance upon application of Value Place Real Estate Services, L.L.c. for the Modification of Conditions for a request approved by City Council on April 22, 2003 (Glamour Corporation). Property is located on the south side of Dam Neck Road, approximately 2600 feet west of Corporate Landing Parkway (GPIN 2405945729). DISTRICT 7 - PRINCESS ANNE. Voting: 10-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva April 22, 2008 - 75 - Item V-K.7. PLANNING ITEM # 57551 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED TO MAY 13, 2008, Ordinance upon application of WELDENFIELD OF VIRGINIA, L.L.C. for a Conditional Change ofZoninz: ORDINANCE UPON APPLICATION OF WELDENFIELD OF VIRGINIA, L.L.c. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 1-1 LIGHT INDUSTRIAL DISTRICT, R-5D RESIDENTIAL DUPLEX DISTRICT AND 0-2 OFFICE DISTRICT TO CONDITIONAL R-7.5 RESIDENTIAL DISTRICT WITH A PD-H2 o VERLA y Application of Welden field of Virginia, L.L.c. for a Chan?e of Zoninz District Classification from 1-1 Light Industrial District, R-5D Residential Duplex District and 0-2 Office District to Conditional R-7.5 Residential District with a PD-H2 Overlay on property located at the northwest intersection of Regent University Drive and Jake Sears Road (GPINs 1455571149; part of 1455666408). DISTRICT 1 - CENTERVILLE Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Robert M Dyer Council Members Absent: Ron A, Villanueva Councilman Dyer ABSTAINED on Item K.7 (Welden field of Virginia, L.L.C.) as he is employed by the (Regent University). April 22, 2008 - 76 - Item V-L.l. APPOINTMENTS ITEM #57552 BY CONSENSUS, City Council RESCHEDULED thefollowing APPOINTMENTS VIRGINIA BEACH HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION PUBLIC LIBRARY BOARD April 22, 2008 - 77- Item V-L.2 APPOINTMENTS ITEM #57553 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Stanwood Dickman, CPA - Chair 3 year term 5/15/08-5/14/10 Dr. Douglas Ziegenfuss, CPA 2 year term 5/15/08 - 5/14/10 Joanna Augone, CPA 1 year term 5/15/08 -5/14/09 John E. Uhrin, Councilmember (non-voting) 3 year term 5/15/08-5/14/10 James L. Wood, Councilmember (non-voting) 3 year term 5/15/08-5/14/10 AUDIT COMMITTEE Voting: 10-0 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva II" I Ii April 22, 2008 - 78 - Item V-L.3 APPOINTMENTS ITEM #57554 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED Linda M. Bright William R. Brown Michael W. Chinn 2 year terms 6/1/08 - 5/31/10 MINORITY BUSINESS COUNCIL Voting: 10-0 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva April 22, 2008 III I - 79- Item V-P ADJOURNMENT ITEM # 57555 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 9:03P.M. GJ~_n!2:_~~(,J Beverly 5'. Hooks, CMC Chief Deputy City Clerk ~2_ Louis R. Jones Vice Mayor ~~ Ruth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia April 22, 2008