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Home My WebLink AboutJANUARY 27, 2009 II I I I CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WIUIAAl D. SESSOMS ,JR., At-Large 11CEMAYOR LOUIS R JONES, Bay."de - District'; (;LENN R. DA VIS. Rose Ha11 - District 3 WILLIAM R. DeSIEPH, At-Large HARRY E. D!EZfo.1., KempsV/11e - District 2 ROBERT M. DYEII" eentem11e - District I BARBARA M. HEVLEY, Princess Anne District 7 JOHN E. UHRIN, Beach District 6 liON A. VILLANUI:'VA, At-Large 1I0SEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA 27 JANUARY 2009 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE.'(757) 385-4303 FA): (757) 385-5669 E-MAIL: Ctycncl@vbgov.com CIlY MANAGER - JAMES K. SPORH CITY ATTORNfiY - LESLIE L. LIUEY CITY ASSHSSOR - JERALD BANAGAN CITY AUDfTOR - IYNDON S RfiMIAS CITY CLERK - /!11TH HODGfiS FRASER, MMC I. CITY MANAGER'S BRIEFINGS - Conference Room - 1 :30 PM A COMPREHENSIVE PLAN OPEN HOUSE Tom Pauls - Comprehensive Planning Coordinator - Planning B. PLANNING ITEMS - Pending City Council Agenda Jack Whitney, Director - Planning C. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director - Finance D. FY2010 BUDGET REVENUE FORECAST and PRELIMINARY BUDGET Catheryn Whitesell, Director - Management Services II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - 3:30 PM A CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION I I Iii II V. FORMAL SESSION AGENDA - Council Chamber - 6:00 PM A CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Father James E. Parke Church of the Ascension, and Church of the Holy Apostles 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 January 13, 2009 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARINGS 1. LEASE OF CITY OWNED PROPERTY a. 1401 Southern Boulevard ST ABCO, Inc. b. 3425 Clubhouse Road Bow Creek Neighborhood Park 2. SALE OF EXCESS CITY PROPERTY - lih Street I. CONSENT AGENDA I, I I I J. ORDINANCES/RESOLUTION 1. Ordinance to AMEND City Code Section 21-303 re penalties for parking violations. 2. Ordinances re the Department of Housing and Neighborhood Preservation re the FY 2008-2009 Operating Budget: a. AMEND and TRANSFER revenue to reprogram unused operational and administrative funds from prior years b. APPROPRIA TE increased revenue of $745,000 from the Federal Housing Choice Voucher program 3. AGRICULTURAL RESERVE PROGRAM: a. Resolution to AUTHORIZE the City Manager to execute an Intergovernmental Agreement (IA) with the Department of Agriculture and Consumer Services re additional GRANT funds for the purchase of Agricultural Reserve Program (ARP) easements b. Ordinance to AMEND Section 11 of the Agricultural Lands Preservation Ordinance re findings for repurchases of development rights 4. Ordinance to AUTHORIZE the City Manager to execute a Lease for less than five (5) years with Stabco, Inc. at 1401 Southern Boulevard re storing equipment related to stockpiling and recycling crushed concrete, crushed brick and topsoil. DISTRICT 6 - BEACH 5. Ordinance to AWARD a Lease to nTelos a portion of City-owned property at 3425 Clubhouse Road (Bow Creek Neighborhood Park) re constructing, maintaining and operating wireless telecommunications facilities. DISTRICT 3 - ROSE HALL 6. Ordinance DECLARING two parcels at lih Street as EXCESS property and AUTHORIZE the City Manager to sell the property to WBM, L.L.c. DISTRICT 6 - BEACH 7. Ordinance to ACCEPT a 1986 Chevy Celebrity station wagon as a donation to be used in support of firearms training for the Police Department 8. Ordinance to APPROPRIATE $50,000 from the DEA Shared Asset Special Revenue Fund to the Police Department's FY 2008-2009 Operating Budget re the purchase of a comprehensive job task analysis. 9. Ordinance to TRANSFER $927,984 to fully fund an Interactive Internet Phase II system for Planning's Permits and Inspections. I I I I K. PLANNING 1. Ordinance of the CITY OF VIRGINIA BEACH to adopt the NORTHAMPTON BOULEVARD CORRIDOR STRATEGIC GROWTH AREA IMPLEMENTATION PLAN as an Appendix to the Comprehensive Plan. RECOMMENDATION APPROVAL 2. Application of LAWRENCE E. and JUNG Y. VALENTINE, CHARLES B. and DIANA SCHAFER for the closure of a portion of an unnamed, unimproved alley adjacent to the rear property line of 609 South Atlantic Avenue (Croatan Beach) to incorporate the right-of-way into their adjoining single-family residential lot. DISTRICT 6 - BEACH RECOMMENDATION APPROV AL 3. Application of CHARLES EDWARD and AMY H. DRESCHER for Modification of Conditions (approved by City Council on June 23, 1980) at 1201 and 1209 Hill Road re relocation of the stem of the flag lot for better access to the property. DISTRICT 5 - L YNNHA VEN RECOMMENDATION APPROV AL 4. Application of BARBARA IRVING for a Conditional Use Permit re a residential kennel for Shiz Tzu dogs at 5568 Forestview Drive. DISTRICT 4 - BA YSIDE RECOMMENDATION APPROVAL 5. Application of BARTON HERITAGE L.L.c. for a Conditional Use Permit re motor vehicle rentals ( low speed vehicles) at 665 Sandbridge Road. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 6. Application of GATEWAY ENTERPRISES, L.L.c. for a Change of Zoning District Classification from AG-2 Agricultural District to Conditional 0-2 Office District at 2084 Princess Anne Road. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROV AL 7. Application ofPRINCESSBORO COMPANY, INC. for a Change of Zoning District Classification from AG-l Agricultural District to Conditional 0-2 Office and Conditional B- 2 Community Business District at Princess Anne and Sandbridge Roads for office and retail space. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL I I I II L. APPOINTMENTS ARTS AND HUMANITIES COMMISSION BIKEWAYS/TRAILS ADVISORY COMMISSION COMMUNITY SERVICES BOARD HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL PERSONNEL BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT Effective January 1, 2009: Virginia Beach City Council will hold Informal and Formal Sessions on the Second and Fourth Tuesdays of each month. Workshops will be scheduled for the First and Third Tuesdays of each mr;Jnth per action taken November 18, 2008. HOWEVER, THE MEETING OF FEBRUARY 10, 2009 WILL BE HELD FEBRUARY 3, 2009, TO ALLOW CITY COUNCIL'S MID- YEAR RETREA T i I 'II II PROPOSED RESOURCE MANAGEMENT PLAN FY 2010 BUDGET WORKSHOPS January 27 Revenue Projection Update and Discussion of Balancing Options Council Conference Room February 9, 10 Workshop to Develop Program Priorities Economic Development Large Conference Room - 8 a.m.-5 p.m. March 24 City Manager's Presentation of Budget and CIP to City Council Council Chamber - 6 p.m. April 7 April 14 April 21 April 16 April 28 May 5 May 12 Workshop Workshop Workshop Public Hearing Public Hearing Reconciliation Workshop Adoption Council Conference Room Council Conference Room Council Conference Room Green Run High School- 6 p.m. Council Chamber - 6 p.m. Council Conference Room Council Chamber - 6 p.m. ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** Agenda 1/22/09gw www.vbgov.colll I I . II I I - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 27, 2009 Mayor William D. Sessoms, Jr., called to order the CITY MANAGER'S BRIEFING re COMPREHENSIVE PLAN Open House in the City Council Conference Room, Tuesday, January 27, 2009, at 1:30 P.M Council Members Present: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Barbara M Henley [Entered: 3:30 P.MJ John E. Uhrin [Entered: 2:00 P.MJ January 27, 2009 . II I I - 2 - C IT Y MANA G E R 'S B R IE FIN G COMPREHENSIVE PLAN OPEN HOUSE 1:30 P.M. ITEM # 58448 Tom Pauls, Comprehensive Planning Coordinator - Department of Planning, advised the Purpose of the Public Open Houses: Obtain meaningful public input on a range of Planning issues Learn what Planning issues are most important to our citizens Engage and sustain public involvement Provide basis to help formulate Comprehensive Plan policies Elevate communication between citizens and City Hall Methods Used to Notify Public about Open House Meetings Meetings with Civic Leagues / Stakeholder Groups (Master Distribution List consisting of three hundredfifty (350) entries Newspaper Announcements "City Page" Beacon Virginia Beach Television (VBTV) Video Presentation Notice of Events Flyers sent home with Virginia Beach students (approximately 70,000) Open Houses Twelve (12) Public Open Houses Monday and Thursday evenings - September and October - Schools, Recreation Centers, Convention Center and the Association for Research and Enlightment City Representatives included: City Council Members Planning Commissioners Executives Department Staff (60 Staff members participated) January 27,2009 I I I II I I - 3 - CITYMANA GER 'S BRIEFING COMPREHENSIVE PLAN OPEN HOUSE ITEM # 58448 (Continued) Mr. Pauls distributed a booklet which contained the public comments. Meeting Format ~ Introductions ~ Background ~ Format and Goals of Open House ~ Facilitated and Recorded Group Discussions ~ Outlined Next Steps Land Use / Infrastructure / Economic Vitality ~ Supportfor Strategic Growth Areas and Smart Growth ~ Support Holding the 'Green Line' ~ Save NAS Ocean a Transportation ~ Build Bikeways / Trails and Improve Connectivity ~ Support Transit and Alternative Transportation Systems ~ Improve Maintenance of Transportation Infrastructure Natural Resources / Parks / Open Space ~ Protect Waterways, Beaches, Wetlands and Fragile Areas ~ Provide More Open Space ~ Protect Existing Tree Cover Resort Area ~ Approve and Build the Resort Area Strategic Action Plan ~ Improve Parking and Access (more vertical mixed use parking, which compliments the Resort Area Plan ~ Focus Maintenance and Cleanliness January 27, 2009 I I ill , II - 4 - CITY MANA GER 'S BRIEFING COMPREHENSIVE PLAN OPEN HOUSE ITEM # 58448 (Continued) Agriculture and Rural Area ).> Protect Farming / Rural Character by retaining Green Line ).> Support Agricultural Reserve Program (ARP) ).> Fulfill the Urban Land Institute (ULI) recommended Pungo Crossing Plan Housing and Neighborhoods ).> Protect Quality of Existing Neighborhoods ).> Provide Workforce Housing ).> Revitalize Older, At Risk Neighborhoods Andrew Friedman and Council Lady Wilson along with others re a Neighborhood Preservation and Protection Plan, which staff hopes to infuse within the next Comprehensive Plan Community Appearance & Historic Preservation ).> Maintain Architectural Consistency of Homes ).> Provide More Incentives to Save Historic Properties ).> Transform Abandoned Commercial Areas into Parks and Open Spaces There have been seven (7) Subcommittees created to formulate draft policies for review by certain committees as the Agricultural Advisory Commission and then to the Planning Commission as a whole. City Council will be kept informed. A DRAFT will then be presented by way of three (3) Public Information meetings for comment. Once this is adjusted, the Planning Commission will have a Public Hearing with a recommended Comprehensive Plan to forward to City Council (approximately August) for consideration: anmng ommlSSlOn u committees Land Use, Infrastructure and Economic Agriculture and Rural Area Vitality: Don Horsley David Redmond Jan Anderson Phil Russo Transportation Systems: Housing and Neighborhood Preservation Jay Bernas Kathy Katsias Henrv Livas Joe Stran/(e Natural Resources, Parks and Open Spaces Community Appearance and Historic Al Henley Preservation Gene Crabtree Al Henley Joe Stran/(e Resort Area Jan Anderson Gene Crabtree PI c S b January 27,2009 I I" II - 5 - CITY MANA GER 'S BRIEFING PLANNING ITEMS - Pending City Council Agenda 1:43 P.M. ITEM # 58449 Jack Whitney, Director - Planning, gave a brief synopsis of the Planning Items pending for City Council on February 3, 2008 and February 24, 2008: February 3, 2008 VirJdnia Beach Field House - Conditional Use Permit Princess Anne District The applicant proposes a Conditional Use Permit over 84.4 acres of the existing agricultural property for the purpose of developing an indoor sports facility with the potential of outdoor recreational fields at a later date AICUZ is Less than 65. Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (10-0) Consent Agenda No opposition Soortsolex Retail- Conditional Change of Zoning Princess Anne District The applicant proposes to rezone the 7.1 acres to Conditional B-2 Community Business District for the purpose of developing a sports-related facility with retail Examples include sports skills instruction, spots training, sports therapy, wellness training and conditioning, a restaurant, as well as sports-related retail. Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (10-0) Consent Agenda No opposition January 27,2009 ill II - 6 - CITYMANA GER 'S BRIEFING PLANNING ITEMS - Pending City Council Agenda ITEM # 58449 (Continued) February 24, 2008 Re-Birth Ministries - Conditional Use Permit Kempsville District The applicant requests use of an existing vacant office-warehouse building for a church. Exterior of building will be upgraded and interior renovated to meet Building and Fire codes AICUZ is Less than 65. Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (10-0) Consent Agenda No opposition Mr. Whitney advised Councilman Diezel a Conditional Use Permit for an existing building does not require a 3-acre minimal for a separate lot. Deputy City Attorney Macali advised there was no real need for this 3-acre minimum and probably would be best to remove this stipulation. Walmart - Modification of Conditions Rose Hall District The application requests a Modification of Proffers of a 1990 rezoning. The 1990 rezoning was tied to a specific plan. The applicant desires to upgrade the existing building and parking lot; thus, modification of the 1990 proffers is necessary. AICUZ is > 75 and APZ-2. Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (10-0) Consent Agenda No opposition January 27,2009 I II I II : 7 - C IT Y MAN AGE R 'S B R IE FIN G PLANNING ITEMS - Pending City Council Agenda ITEM # 58449 (Continued) February 24, 2008 Carla Graham - Conditional Use Permit Kempsville District The applicant requests a Conditional Use Permit for a cosmetology schooL The applicant proposes to educate students in classroom theory and practical experience in the art of hair styling and salon operation. The applicant proposes three (3) full-time and six (6) part-time positions in the salon and twelve (12) students and two (2) instructors on site This application is located within the Newtown Strategic Area and property owners will be involved in the planning of this effort. Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (10-0) Consent Agenda No opposition Charles H. Dawson - Subdivision Variance Princess Anne District The subject parcel was created by a two (2)-lot subdivision plan in 1964 with the original subdivision by deedfor this site in November 1953. Future plans are for the property owner to relocate the existing dwelling to the rear of the property and then add on to the structure. That plan was submitted to the Development Services Center and it was there that it was discovered that this lot was created illegally by deed some years ago. In sum, this variance will allow this lot to be legally recorded. A variance is needed, as the lot frontage is 147 feet (ordinance requires 150 feet) AICUZ is less than 65. Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (10-0) Consent Agenda No opposition January 27, 2009 ! II II - 8 - CITYMANA GER 'S BRIEFING PLANNING ITEMS - Pending City Council Agenda ITEM # 58449 (Continued) February 24, 2008 Bruce and Kellie Henlev - Subdivision Variance Princess Anne District It is the intent of the applicant to subdivide 1. 69 acres from the site, to create Lot 3-B, to be developed with a single-family dwelling. A Subdivision Variance to lot width is required since, rather than 150 feet along Charity Neck Road, Lot 3-B is proposed with only 25 feet at the right-of-way. While there is additional property available along Charity Neck Road, none of it is above the floodplain and would not count towards lot width. The proposed configuration leaves as much property as possible under cultivation. Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (10-0) Consent Agenda No opposition Ntelos - Conditional Use Permit Beach District Conditional Use Permit for a communications tower. The proposed monopole tower will be 95 feet tall (including a lighting rod), and will hold antennas for three (3) separate wireless carriers. The antennas are mounted on the inside of the pole rather than outside the pole. AICUZ is > 75 and APZ-2. Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (10-0) Consent Agenda No opposition January 27, 2009 i III II - 9 - C IT Y MAN AGE R 'S B R IE FIN G PLANNING ITEMS - Pending City Council Agenda ITEM # 58449 (Continued) February 24, 2008 Crescent Communitv Center - Conditional Use Permit Rose Hall District Conditional Use Permit for a church within an existing office building. Building is located in a retail commercial strip center. The hours for the church will be Monday through Friday from 10:00 A.M. unti/8:00 P.M. Saturday and Sunday; the office will be open from 1:00 P.M. until 5:00 P.M. During the week, there will be between three (3) and five (5) volunteer church members in the office. Building will be renovated to meet Building and Fire Code for this use. AICUZ is 65-70 (Sub-Area 3). Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (10-0) Consent Agenda No opposition Metrotec Associates and Arvind Gowda - Conditional Change of Zoning Bayside The applicant proposes to rezone two (2) existing R-I0 properties to Conditional A-12 Apartment District for the development of up to twelve (12) townhouses with a density of 6.70 units per acre. Ingress/egress is proposed off of Shurney Lane only; no access is proposed from Diamond Springs Road. The proposed townhomes will be served by a public right-of- way, yet to be named. AICUZ is less than 65. Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (10-0) There was serious opposition from a neighbor concerned re the impact of Development on the marketability of his structure. Weldentield (Applicant requested Withdrawal of Change of Zoning) January 27, 2009 , I" II - 10- CITYMANA GER 'S BRIEFING INTERIM FINANCIAL STATEMENT 1:52 P.M. ITEM # 58450 The City Manager advised the intent is to brief City Council on a monthly basis until the adoption of the Operating Budget. The review of the Interim Financial Statement will entail the first six (6) months of the fiscal year (July 1, 2008 through December 31,2008). Patricia Phillips, Director- Finance, presented an overview: ~ FY 2009 General Fund Revenues ~ FY 2009 General Fund Expenditures ~ Projections ~ Next Steps FY 2009 Year To Dall' (;elll'ral Fund R"'H'IlIll'S ('ompared to lIistork Tn'nd lh'n~mher 31, 21H)~ 100.00/0 80% -- 100% 60% - 40% 20% 14.20~ 10.3::"--- 13.7% 5.10/0 ~10 70' 2.60/0 'K.~-]"o ;:t--=-- 5.50/0 0% J" Aug Sep Oct Nov De, Jan Feb Mar Apr May Joo Month -Hstoric Trend -X-Percent of FY09 Budget FY 2009 - General Fund Revenues Total Revenue Trendline is Good, But ... Uncertain . Many items are on a 2-month lag Business license tax (BPOL) due in March Personal Property tax due June 5 Interest rate environment Economy - job losses, decline in permits January 27, 2009 I I III - 11 - C IT Y MAN AGE R 'S B R IE FIN G INTERIM FINANCIAL STATEMENT ITEM # 58450 (Continued) Revenues do not come in on a uniform basis. There will be a "spiking" in December re Real estate tax payments, and again in March when the Business License Taxes renewals are due, as well as in May and June when citizens pay their annual personal property tax along with the second 'half of their Real Estate Tax. Personal Property, as an annual tax due June Fifth, is particularly difficult to estimate when working on a budget so far in advance. The November sales tax is substantially less than last year. Real Estate Revenues December 31, 2004 - 2009 $600.0 ......... .......--.-.....-.........................-----....-..--............-.....---.---.................-.. 100.0% $500.0 Budget --_..--~~j---_....__.._.... - 90.0% $300.0 80.0% 70.0% $400.0 60,0% 52.0% 51>.0% 40.0% $200.0 30.0% 20.0% $100.0 10.0% $0.0 0.0% FY 2005 FY 2006 FY 2007 Fiscal Year FY 2008 FY 2009 E::::JAnnual Collections _ Thru Dee -c>-%ofTotal Personal Property Taxes December 31, 2004 - 2009 $100.0 100.0% $90.0 Budget $78.3 $80.0 $71.5 75.0% $70.0 60.0% $60.0 $60.0 $40.0 $30.0 25.0% $20.0 $10.0 $0.0 0,0% FY 2006 FY 2006 FY 2007 FY 2008 FY 2009 Fiscal Year I r:::::::::J Annual ColI.oth~n$ _nm.. Doc -<>-o;'ofTolal! January 27,2009 I I" II - 12 - C IT Y MANA G E R 'S B R IE FIN G INTERIM FINANCIAL STATEMENT ITEM # 58450 (Continued) The Annual Personal Property tax is due June 5. Preliminary information available in April. Personal Property Taxes are historically difficult to predict Projection is $ll-MILLION to $15-MILLION under budget. General Sales Taxes December 31, 2004 - 2009 $100,0 $90.0 $80.0 $70.0 c ~ $60.0 i ... .. $60.0 . " c . > $40.0 . '" $30.0 $20.0 $10.0 $0.0 100.0% 90.0% ----------------------- - --------------- ~~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - - - - - - - - - 70.0% $64. 0 -$64.1-- - - - -- Budget ~ ---- 6.0 60.0% 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% FY 2005 FY 2006 FY 2007 FY 2008 FY 2009 Fiscal Ye.. II!i!!E Annual Collections _ Thru 00. _% 01 Total 1 General Sales Taxes collected have decreased 2% from previous year. Estimate is $3-MILLION to $4- MILLION under budget Business Licenses (BPOL) December 31, 2004 - 2009 $60.0 50.0% $50.0 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $40.0 $41.8 Budget $43.2 40.0'10 30.0'10 $30.0 20.0% $20.0 10.0Yo $10.0 $0.0 0.0% FY 2005 FY 2006 FY 2007 FY 2008 FY 2009 Fiscal Yea r c:5E Annual Collections _ Thru Dee ~% of Total January 27,2009 I II II - 13 - C IT Y MANA G E R 'S B R IE FIN G INTERIM FINANCIAL STATEMENT ITEM # 58450 (Continued) The Business Licenses (BPOL) renewals are in March. The Commissioner of Revenue is projecting s $1. 7-MILLION to $l.8-MILLION under budget Hotel Room Taxes December 31, 2004 - 2009 Budget $24.1 100.0"', 90.0"10 80.0"10 70.0"10 ~ ~ 80.0"10 0 ~ 50.0"10 ;3 jj 0 40.0"10 .... 0 ;f. 30.0"10 20.0"10 10.0"10 0.0% $30.0 $25.0 $23.6 $5.0 $20.0 $15.0 $10.0 $0.0 FY2005 FY21l1l6 FY2007 FY2008 FY 2009 Fiscal Year ~ Annual Colleotions _ Thru Dee -<>-% of Total The Hotel Room Taxes have decreased slightly ($700,000) Restaurant Meal Taxes December 31, 2004 - 2009 $80.0 100.0% 90.0% $70.0 .. .. .. .. .. .. .. .. .. - .. - -- - - .. - - .. .. 80.0% $60.0 - - - - .. - .. - - - .. .. - - - - - - - - - - - - - - .. - - - - - - - - - - .. - .. .. - - - - - - FY 2006 FY 2007 Budget 70.0% - $48~7_ _ _ _ _ 60.0% 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% FY 2009 $50.0 ..__...._--_.._----------~!__.._-- ~~ $40.0 $30.0 $20.0 $10.0 $0.0 FY 2006 FY 2008 Fiscal Year I ~ Annual Collections _ Thru Dee -:>-'% of Total I Mrs. Phillips advised Restaurant Meal Taxes are on line and staff anticipates meeting and probably exceeding budget on these items. January 27,2009 I I" II - 14 - CITY MANA GER 'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 58450 (Continued) Summary of General Fund Revenues (In Millions) Dee Local Revenues Real Estate Taxes 479.2 249.1 52.0% 51.1% F 6.0 Person31Property Taxes 78.3 14.3 18.3% 20.0% U (15.1) Personal Property - PPTRA 534 6.5 12.2% 12.2% A General Sales Taxes 56.0 23.3 41.6% 44.1% U (4.1) Utility Taxes 49.0 17.8 36.3% 35.4% F (0.7) Restaurant Meal Taxes 48.7 25.8 52.8% 52.6% F 0.2 BusmessLicenses 432 1.5 3.5% 3.8% U (1.8) Hotel Room Taxes 24.1 16.7 69.2% 71.3% U (0.7) Cigarette Taxes 13.2 6.0 45.3% 47.3% U (0.3) Interest Income 6.9 3.2 46.4% 66.4% U (02) Automobile Licenses 90 37 41.8% 44.0% U Public Service (RE and PP) 6.1 3.6 58.8% 52.7% F l.l Rental Income 4.5 17 37.8% 304% F Amusement Taxes 5.6 3.3 58.9% 58.6% F (0.4) OIlier Local Revenues 66.5 1985 29.8% 33.4% U 0.4 S tate Revenues 102.2 52.7 51.5% 31.4% F (1.8) Federal Revenues 23.5 10.5 45.0% 39.6% F 1,069.4 453.1 42.4% 42.3% A (17.5) Excludt.s School Reyt~l1ues Catheryn Whitesell, Director - Management Services, advised Councilman Davis the cigarette tax is on a declining trend over time. The only thing that increases the revenue is a rate adjustment (11% increases in 2009). Basically, the City relies on historical trends, which is not the City's "friend" at the present time. School Revenues were not included in this analysis. Mrs. Phillips advised Council Lady Wilson the $17.5- MILLION shortage is all General Fund. Relative Schools, Catheryn Whitesell advised basically these funds are split: $7.2-MILLION will be Virginia Beach City Public Schools and the City's portion will be the remaining $10.3-MILLION FY 2009 Year To Bate (;eIltTal Fund E~IH'IHlitures Compared to lIistorif Trend Ikcemher J t. 100S 100% OIl CI1 580% ... :g c 8,60% >< w ~40% I- ... o ~20% 8 Qj llo 0% ~ ~ - ~ ~ ~ ~ ~ ~ . ~ ~ Month -+-- Historic Trend ...... Percent of FY09 Budget January 27, 2009 I II II I - 15 - CITY MANA GER 'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 58450 (Continued) General Fund FY 2009 Expenditures ~ Total at December 31, 2008: $580.5-MILLION or 51.6% ~ Departmental Targeted Savings: $7.5-MILLION or 1.25% Tax Relieffor Elderly: $16-MILLION (+$2-MILLION) o Energy Costs: $5.5 M Reduce Consumption 5% ~ Projected Expenditures at June 30,2009 = $1.1 B ~ Summary of Actual Expenditures Under Budget at June 30: (IN MILLIONS) Total % of Total City % of City Schools BudJ!et BudJ!et 2007 (Actual) $41. 7 4.1% $25.9 3.8% $15.8 2008 (Actual) $60.3 5.6% $25.0 3.5% $35.3 Recap - General Fund Projections for June 30, 2009 At January 27,2009 (IN MILLIONS) BudJ!et Proiected Variance Revenues $1,069 $1,051 - $1,054 <$15> - <$18> Exoenditures $1,126 $1,093 - $1,096 $30 - $33 Projected Fund $118 Balance % of FY 2010 Revenues 11% Excess over 10% $15-MILLION Next Steps ~ Continue to Monitor Revenues in FY 2009 · Business Licenses - March · Personal Property - March/April ~ Revenues FY2010 Projections January 27, 2009 ; I" II - 16 - CITY MANA GE R'S BRIEFING FY 2010 BUDGET REVENUE FORECAST AND PRELIMINARY BUDGET 2:10 P.M. ITEM # 58451 Catheryn Whitesell, Director - Management Services, referenced the proposed outcomes re the FY 2010 Budget Revenue Forecast and Preliminary Budget. . Build on discussion of January Thirteenth re how Virginia Beach compares in the region . Shared understanding on revenue projections for FY 2010 . Discuss, BUT NOT DECIDE, possible optionsfor balancing . Anything we are overlooking? -. Economic ~.Qdel - 2008 2009 2010 2011 2012 2013 . Housing . Vehicles . Consumer Confidence FY 2009-10 November to January Comparison of Projected Deficits . Five Year Forecast indicates a City deficit of $38.3-MILLION . Today the estimated City deficit has increased to $47.8-MILLION . Local revenues continue to decline in theface of the economy . State aid to localities decrease was smaller than expected; however, . If you include reductions to roadway construction funding, there is an additional $5.1-MILLION loss * FY 2009-10 November to January Comparison of Projected Deficits November 2008 January 2009 City Revenue $ 25.3-MILLION $40.4-MILLION State Revenue $ 5.5-MILLION $ 3.4-MILLION Increased Expenditures $ 7.5-MILLION $ 4.0-MILLION Tutal: $38.3-MILLION $47.8-MILLION * Mrs. Whitesell advised "hot off the press" news relative road construction funding, and not only a $5.1- MILLION loss, but zeroing out the last 2010 thru 2014 no state contribution for road construction. David Hansen, Deputy City Manager, advised he received correspondence issued by the Department of Transportation (VDOT), which equates to an additional $34.5-MILLION cut, which added to the mid- year FY 2009 $28. 35-MILLION cut and add to this the beginning of the FY 2009 cut of $42-MILLION, resulting in a $105-MILLION State cut. January 27,2009 . II III - 17 - C IT Y MANA G E R 'S B R IE FIN G FY 2010 BUDGET REVENUE FORECAST AND PRELIMINARY BUDGET ITEM # 58451 (Continued) Mrs. Whitesell advised Public Works is compiling a reprioritization and this information will be provided. Update FY 2010 General Fund Revenue Projections Note: The General Fund receives all tax revenues and then disburses them to other funds. These figures do not include: State revenue to Schools; State or Federal revenues to housing programs in other funds; or revenues related to Enterprise activities like Water and Sewer. Real Estate Virginia Beach Real Estate Assessment Changes 0.0% Need to reduce FY10 estimate by $22.2 million 25.0% 20.0% . 15.0% .. e ~ 10.0% o fi( 5.0% -5.0% Virginia Beach Monthly Foreclosures 40.00% 30.00% 20.00% 10.00% 0.00% -10.00% -20.00% -30.00% 40.00% -50.00% I C ExISting Asussroent Grow th C New Residential Construction Grow Ih lo CorrwnerciaVhdustnal Apprecallon & Grow th ::;ource' City Real Estate Assessor and OMS 50 40 30 20 10 o Jan Feb Mar Apr May Jun Jul Aug Sep Ocl NOli Dee uroe: Commlsslon.r oll9venu. IC2oo5 .2006 02007 020081 Personal Property Taxes 2008 National New Car Sales Growth 0% Need to reduce FYl0 estimate by $23.0 million 0% -5% -10% ~ -15% o -20% a -25% -30% -35% -40% Virginia Beach Personal Property Tax Growth 25.0% 20.0% 15.0% 10.0% 5.0% 00% Souro.: Com ml..lon.r of Rtv.nue i -5% i 1-10% ~ . -15% ! -20% -5.0% -100% -25% This revenue is collected on June Fifth and the levy is not even available until March/April. So while estimating next June is bad for FY 2010, Management Services is attempting to estimate revenue twelve (12) months beyond that. Personal Property taxes are seventy-nine percent (79%) from automobiles; nineteen percent (J 9%) from businesses,' and, two percent 2% from recreational vehicles and other equipment. January 27, 2009 I I" II - 18 - CITY MANA GER 'S BRIEFING FY 2010 BUDGET REVENUE FORECAST AND PRELIMINARY BUDGET ITEM # 58451 (Continued) General Sales Tax Virginia Beach General Sales Tax Vear overVear 8.0% 6.0% .I: 4.0% ~ 2.0010 o 0.0% ~ -2.0% ! -4.0% ~ .Q.O% -8.0% .10.0% Need to reduce FY10 estimate by $7.3 million General Salos Annual Growth Souloe: City of VIrgInia Beach I-+- FY 2008... FY 20091 10% 8% ; 6% ;0 ~ 4% '" '" 2% 0% -2'4 -4% 8ollrCll:CllyofVlrtklilBucll This revenue lags two (2) months. In other words, the growth rate of -9% for January really represents November sales. When the credit crunch hit back in October, sales data began to reflect that in December. Christmas sales -- which are NOT shown here -- are expected to be down as well. Overall FY 2009 is underperforming and Management Services expects that trend to continue into the next fiscal year. 4 BusinessLicense (BPOL) Tax .. Need to reduce FY10 estimate by $6.3 million Gross Domestic Product Comparison 6.0% 5.0% 4.0% .c 3.0% ~ 2.0% ~ Cl 1.0% ~ 0.0% -1.0% -2.0% -3.0% Source: 000 Economic Forecasting Project 1m Hampton Roads GRP 0 U,S, GDP 0 Virginia GSP I Business Licenses are not due until March, so again Management Services is projecting twelve (12) months beyond thatfor FY 2010 January 27, 2009 I II II - 19 - C IT Y MANA G E R 'S B R IE FIN G FY 2010 BUDGET REVENUE FORECAST AND PRELIMINARY BUDGET ITEM # 58451 (Continued) Hotel & Restaurant Meals Taxes Hotel Year over Year Tax Revenue Growth 50.0% 40.0% 30.0% J 20.0% ~ 10.0% 0.0% -10.0% -20.0% -30.0% Need to reduce FY10 estimate by $1 million for hotels and $1.3 million for restaurant meals Source: City of Virginia Beach Restaurant Year over Year Tax Revenue Growth 10.0% 8.0% J 60% 5 4.0% 2.0% 0.0% Jul Aug Sep Oct Nov Dee Jan Feb Mar Apr May Jun Source: e~y 0' Virginia Beach __ FY 2007 ___ FY 2008 FY 2009 . Use of Money & Property Portfolio Bank Weighted Interest Rates 7.000% 6.000% 5.000% ~ 4.000% r1. 3.000% 2.000% 1.000% 0.000% Need to reduce FY10 estimate of interest income by $6.2 million FY FY FY 2000 2001 2002 Source: Virginia Beach Treasurer . c ~ 'E c Virginia Beach Earned Interest 14.0 12.0 10.0 8.0 6.0 4.0 2.0 FY FY FY FY FY FY FY 2004 2005 2006 2007 2008 2009 2010 Sourc.: City of Virginia Beaoh January 27, 2009 I I I I III - 20- C IT Y MANA G E R 'S B R IE FIN G FY 2010 BUDGET REVENUE FORECAST AND PRELIMINARY BUDGET ITEM # 58451 (Continued) Possible Options to Rebalance FY 2009-10 Disclaimers: . The following options are NOT recommendations, but rather various strategies that could be employed to balance the Budget . The options also do not have to be implemented the way they are shown . It is not a comprehensive list of options . Some options work well with short-termjinancial problems; some with long-term problems . Any solution will require a combination of options Option A: . Move all of the GASB 45 payment (Retiree Health Care Liability) to the Health Insurance Fund. Currently $2-MILLION of the total payment ($I-MILLION each City and Schools is already shown in the Health Insurance Fund) . Possible savings = $4-MILLION . Concerns: . Schools will most likely move their $2.9-MILLION . The balance of the fund will cover this strategy for roughly two years . If direction is to continue to fund from the Health Insurance Fund we will have to eventually include a rate structure and share costs between employer and employee Fund Balance is $22-MILLION Option B: . Change City Council dedicated revenues for one year and review for appropriate funding levels with the next Biennial Budget . Possible savings = $17.8-MILLION . Concerns: . Decrease local funding to Schools beyond the current economic reductions . Would temporarily lower tourism advertising budget January 27,2009 AftP & Opell Space ARP OpEn Space - 21 - I I CITY MANA GER 'S BRIEFING FY 2010 BUDGET REVENUE FORECAST AND PRELIMINARY BUDGET ITEM # 58451 (Continued) Old DRdlc8bon .0911 of Real ErilatE! FIaIh! 5 4,775.831 0.44% Rle6ta1nl1l MI!.iIl6 ;} 256 6761 TOIIrllsm AdYItrtlalng Program Ret>1au13ll MealS HIllel HIllel - FIiIIl Tax 112% 1% 51.00 per roomnljlll 5 4,528.700 5 Z, 7ll9. 7 4:1 Z 8Z1 9443 TOIIrllsm Gl'owtn IIIwstm.nl Program (lRelll.... hacllewlltlI) AmJli.eI1Enl Tal 20% or IIltal 5 1.ll69,119 Ret>1au13ll MealS 112% 5 4,528,,700 HIllel 2.~ 774 J55 1 J6 174 MajOr ProJecte Amn;.el1l!f1t Tal Ret>1au13ll MealS HIllel Clpre1lri! Trall8ltlon Area RiIIcnalton Cllltefll outOOOf lnlt1lltJv& lIO% or IIltal 1156% 2.50% 5j 3..476f or Real E5Iafe 0.47# Fleiil Eri1iille Btol1Omle De".loptll&nlll1V9&tment Program oprette 1~ School Rill". Rue snar1"l1 Form uta RNIEriliH 51.30% Per50nal F'ropeI'ly 51.~ General SaIe5 51.30% UIIIIy TalK 51.30% Va TeIi!ellmRIllIc:aIkIrU; 51.30% 1lUE-l'1l!6.5 llC8'1&e 5 LlO% Catlle Francll!&e 51.~ Option C: 5 5 $ $ 748,,977 5 18.445.331 $ 2.494.047 $ 2.120.578 $ :UZ,91j;,442 5 6Z.2ll9.466 5 26.229.660 $ 13,21)3,376 $ &,551,7111 5 211.l105,69J 3 01 D4J 376 929JSD lilt. Dedlc8Ool1 POSSB.E RiII.nuI C 1# Real E5Iafe Btdn3II! '1.14% NO Clange NO 0Iange Btdn3II! NO 0Iange NO 0Iange tiS% of I'CltaI NO Clange NCl Clange NClClange BhtIl3ll! NCl 0Iange NCl 0Iange NCl 0Iange 50"4 50"4 50"4 50"4 50"4 50"4 50"4 TlltiIl Rl6l>tlle snn 10GeneriII fIInIl: $ 5,306,482 $ 5 5,306,4112 5 2.264,J511 5 2,709,742 " 2,21)4 .82 1 " 7.178.913 5 $ 4.521l,7tIO 5 6,774.355 5 11.303,055 5 3,.442,137 5 5,Jl15,llOl 5 6,774,355 5 1.104.1122 5 16.707,116 5 $ 18.445.33 1 $ $ 2,494,047 " 5 2.120,578 " 52J6.7M,665 5 liC,633,1XlB $ 25,564,971 $ 12,Blill,788 5 8,334,991 5 20278,453 $ 2.9J6,6lI9 5367,.377,5164 .: RillclllcIkIft to' DedICatIon ~ lIIe two program> ... rrBntIIlI1g CIiIITl!IIt actII/ty r nece&$ar)' lt1rougtt.1Ile _ or fWTdbillance_ RI!aItlCiIII!6 D.44'Ai or Ii 3A54,608 Rl!&tiIlr.W Tax r.Ile 10 General fUIC1. llUt.iIl:IHH6 ARP real KtI1I! rate lo a fill penny. " 2,264,J9l Ii 1.ll69.119 $ 794,339 ~ lIIe delIciIIkln or AeritJlr.inl M!a5 Dy 114%. WlI&~e an tIlJiIICt an 1I1oe l'lIIdQel lor aclVer1I6InQ. FlealtlcateIi lIIe Al1Uol!I1E!nl Tax lo lIIe General FUI1ll. TllI5 \Y .I/mIe no III1&Ct <<I e&1Ing and prcIjected fllllR COI1'I1'tmenA&. hclI&tl'lg patenIIilfIY fllllllhq b'qe lII!W DIlIleCt&. FlealtlcateIi 1 ~ or 1I1e Aml&erlI!nt Tax 1D 1lle General FIIlII. r 1I1oe .... RtIjeI:t and lGF fUnd5 ill! COIllIlIned I1!dIIl:lbII II 1I1oe delIciIIkln or A___ Taxe& COUCI tie acIIIl!VelI and IlIe&e flftf6 W CIIJI:l5. gent!f3lI! a20 year cumiiIlI\Ie 5urp1U1i of 1JI>3.7,...,. Ii 748,,977 ~ IIle 1tanIi1lllln All!iI Frogram and prtlrIllre illlOiIlI5. " 9,551,!l17 Ii 17.873.210 . Eliminate the proposed 2.5% pay raise/or all employees ~ 1I1oeft:lmUilfltll1'l51.3%loa5lll'5ll5pl!. WIlle lhe 5ti1I! 1lOOgl!ll135.naa.r ht 5Cl1DllIf; IIaIU. tlIere iii lIKUE-51Ol'l illhe Gefleral~1D ~1Ile ~ . Possible savings = $ 8.8-MILLION ($7.4 million in General Fund) . Concerns: . Schools may provide pay raises . City employees are also being hurt by the economy January 27,2009 III II - 22 - C IT Y MANA G E R 'S B R IE FIN G FY 2010 BUDGET REVENUE FORECAST AND PRELIMINARY BUDGET ITEM # 58451 (Continued) Option D: . Unpaid Furloughs - each full-time employee would have to take an unpaid day sometime during the 12 months. . Possible savings = $1-MILLION for each day if all employees must take . Concerns: . Impacts employees current pay amounts. For example, 3 days offurlough equals a 1.2% decrease in employee pay . FLSA concerns need to be worked through Option E: . If we eliminated salary supplements for Constitutional Officer State positions . Possible savings = $13.7-MILLION . Treasurer: $2-MILLION . Commissioner: $1-MILLION . Commonwealth Attorney: $2.1-MILLION . Sheriff: $8.6-MILLION . Concerns: . This is a rollback of employee pay . A long-term cost savings option is to pay any new employee the State salary only and "grandfather" in the existing positions . This could affect retention and recruitment of employees if other localities provide higher supplements Option F: . Reduce pay-as-you-go financing to the CIP and replace with Fund Balance . Possible savings = $10-MILLION (assuming target level remains at 10%) . Concerns: . If the economy doesn't improve in next Biennial Budget, need to reduce the CIP Option G: . Defer all or a portion of the FY 2009 bond sale (occurs in the spring) . Possible savings = $8.2-MILLION if we delay the entire bond sale . Concerns: . Other ways to achieve some savings through the structure of the actual sale . For FY 11, FY 12, and FY 13 reduce "Charter" debt capacity in the CIP . Increases the size of future sales . May miss a "good" interest rate environment Savings would be split between City and Schools. January 27,2009 , II I I - 23 - C IT Y MANA G E R 'S B R IE FIN G FY 2010 BUDGET REVENUE FORECAST AND PRELIMINARY BUDGET ITEM # 58451 (Continued) Option H: . Across-the-Board Reductions . Reduce Departments by 1 % . Reduce Department Positions by 1 % . Possible savings = $3.5 to $4.0-MILLION . Concerns: . May impact high priority programs and services . Does not take into account departments with a high percentage of "fIXed costs" (leases, contracts, etc.) Option I: . Reduce all operating accounts by 1 % . Possible savings = $1.8-MILLION . Concerns: . Increases in fIXed costs will have to be absorbed by departments Option J: . Defer vehicle replacement for one year . Possible savings = $3. I-MILLION . Concerns: . Increased cost of maintenance as older cars remain on road . If the economy doesn't recover, may be unable to restore funding and eventually replace most of the vehicles or services will be impacted Option K: . Maintain City Council's Policy of not replacing or supplanting State funding reductions . Possible savings $1.8-MILLION . State Reductions by program (Governor's Budget): . Sheriff and Jail Expenses - $1.3-MILLION . Commissioner of Revenue - $74,806 . Commonwealth's Attorney - $181,000 . Clerk of Circuit Court - $179,000 . Treasurer - $85,000 . Concerns . State agencies impacted by these State reductions may cut City programs, not State programs . City Council has supported supplanting in the past January 27, 2009 I II II - 24- CITY MANA GER 'S BRIEFING FY 2010 BUDGET REVENUE FORECAST AND PRELIMINARY BUDGET ITEM # 58451 (Continued) Option L: . Reduce travel and training accounts . Possible savings = Each 1% reduction is $30,000 . Concerns: . Mandated certification requirements could not be met . Could limit employee reimbursement for travel costs Option M: . Reduce contracted manpower . Possible savings = Each 1% reduction is $60,000 . Concerns: . Many departments use contract manpower as a way to provide direct services without benefit costs . Raise real estate tax rate by 1 t . Possible increase in revenue = $5.3-MILLION . Concerns: . Tough economy . Declining housing values will keep tax bills lower even with a rate increase Tax Rate A verage Change A veraJ!e Residential Change @ 89t -3.5% -4.5% 1 t Increase - 2.4% -3.4% 2t Increase -1.3% -2.4% 4t Increase 0.8% -0.2% . Comparison rates: Virginia Beach Chesapeake Norfolk $0.89 $ 1.05 $1.11 Portsmouth Newport News Hampton Suffolk $ 1.21 $1.10 $ 1. 04 $ 0.91 January 27,2009 I I , I III - 25 - C IT Y MANA G E R 'S B R IE FIN G FY 2010 BUDGET REVENUE FORECAST AND PRELIMINARY BUDGET ITEM # 58451 ITEM # 58451 (Continued) Option 0: . Raise Personal Property Tax on vehicles by 10t (current rate is $3.70 per $100) . Possible revenue increase = $2.7 million rOlecte ssessments Tax Rate (ii) 89t -20.8% 10t Increase -18.6% 20t Increase -16.5% 30t Increase -14.4% P' dA . Concerns: . Tough economy . PPTRA implications . Currently lowest rate in region: Virginia Beach Chesapeake Norfolk $3.70 $4.08 $4.25 Portsmouth Newport News Hampton Suffolk $ 5.00 $4.25 $4.25 $4.25 Option P: . Institute a Monthly Garbage Fee . Possible revenue increase = $1.45-MILLION for each $1 Monthlv Fee Yearlv Fee Annual Revenue $6 $72 $ 8.8-MILLION $8 $96 $11.8-MILLION $10 $120 $14.7-MILLION . Concerns: . Tough economy . Total cost of garbage collection, recycling, and disposal is $31-MILLION . Garbage Feesfor other Hampton Roads Cities: Virginia Beach Chesapeake Norfolk $ 0.00 $ 0.00 $16.28 Portsmouth Newport News Hampton Suffolk $32.00 $20.00 $17.00 $0.00 January 27, 2009 I II I I - 26- C IT Y MANA G E R 's B R IE FIN G FY 2010 BUDGET REVENUE FORECAST AND PRELIMINARY BUDGET ITEM # 58451 (Continued) Option Q: . Budgetfor attrition (assume some level of position turnover for each department) . Possible savings = $5-MILLION . Concerns: . Departments can never be fully staffed . Limits options in mid-year economic troubles . Very difficult to undo . Limits future CIP contributions Option R: . Increase City reliance on existingfees by 1% thereby recouping more program/service costs through fees . Possible revenue increase = $570,000 . Concerns: . Could impact customers . Need to remain competitive with other providers . Overlap with cut options Ms. Whitesell cited Examples: Adult Recreation Center current is $66 a 10% increase would be $6.60 or $72.60 Little Island Fishing Pier current rate is $6 a 10% increase would be $0.60 or $6.60 Yard Waste Container current rate is $75 a 10% increase would be $7.50 or $82.50 Option S: . Review program and service ran kings for possible reductions/eliminations . Possible savings = Depends on elimination of programs or reduction of funding for programs and which programs are chosen $1,600 'jj) c: .2 ::E $1,200 ~ Programs by Service Criteria Category 173 Programs $800 59 Programs 113 no Programs 20 Programs .... c: :::l o E <C 'C ~ Cl 'C :::l m $400 $- No-Choice Choice Quality of Life Com m unity Add- On January 27, 2009 I I" II - 27- C IT Y MANA G E R 'S B R IE FIN G FY 2010 BUDGET REVENUE FORECAST AND PRELIMINARY BUDGET ITEM # 58451 (Continued) $1,000 Programs by Business Area 10 --,----,,------"-_._---_._-_._,.._-~-,., Prograrrs in c: .2 $800 :E .!: ::- $600 c: :J o ~ $400 "C CI) - ~ $200 "C :J co 72 Prograrrs 22 Prograrrs $- CRO EV FYO QELL QO QPE SC Next Steps in Budget Process: . Continue to monitor local revenues and refine as necessary . Monitor State Budget discussion and impacts on revenues and programs . City Council Feb 9th and 10th meetings with Departments on programs/services . Work with City Manager to rebalance the FY 2010 Budget . Present to Council on March 24th February 9, 2008 Tentative Schedule/or February Ninth and Tenth February 10, 2008 Quality Physical Environment Planning Public Utilities Public Works Cultural and Recreational Opportunities Parks and Recreation Museums Cultural Arts Quality Education and Life Long Learning Libraries Family and Your Opportunities Health Human Services Safe Community Commonwealth's Attorney Courts Sheriff Emergency Medical Services Fire Police Economic Vitality Economic Development Convention and Visitor Bureau Agriculture Housing and Neighborhood Preservation Quality Organization Commissioner of the Revenue City Treasurer City Auditor City Real Estate Assessor Human Resources General Registrar Communications and Information Technology Finance City Council and City Clerk City Attorney City Manager Management Services Spreadsheet depicting the General Fund Revenue Forecast and City Council Sheet is hereby made a part of the record. 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It) ai ~ N o a) o '" ..... ..; ~ S N N ai to r;; '" '" to a) N o :::. t:: III '" ~ c Cl> > Cl> 0:: '0 o .l: <) tIJ '" Cl> ::> c ell > Q) 0:: ~ (3 , I" I I Council Worksheet Option Potential Council Thoughts Savinas/Revenues - Option A: Move all of the $4 million GASS 45 payment Option B: Change dedicated revenue for 1 yr. $17.8 million Option C: Eliminate 2.5% pay raise $8.8 million Option 0: Unpaid $1 million each day Furloughs Option E: Salary supplement for $13.7 million constitutional officers Option F: Reduce PayGo , I to CIP and replace with I Fund Balance $10 million Option G: Defer bond sale $8.2 million Option H: Across the $3.5 - 4 million board reductions Option I: Reduce all $1.8 million operating accounts by 1% Option J: Defer vehicle $3.1 million replacement 1 year Option K: Do not replace or supplant state funding $1.8 million reductions Option L: Reduce 1% reduction = travel/training accounts $30,000 Option M: Reduce 1% reduction = contracted manpower $60,000 Option N: Raise real estate tax 1 rp $5.3 million Option 0: Raise personal property tax on vehicles $2.7 million 10t Option P: Monthly $1 = $1.45 million garbage fee Option Q: Budget for $5 million attrition Option R: Increase reliance on fees bv 1 % $570,000 Option S: Review programs/services for red uction/el imi nation TBD I I" II - 28- CITY COUNCIL COMMENTS 3:20 P.M. ITEM # 58452 Mayor Sessoms expressed concern re local businesses, which are being heavily impacted and result in unfortunate lay-ojJs of employees. Thus the City's revenues are declining. Mayor Sessoms requested assistance. ITEM # 58453 Mayor Sessoms distributed his correspondence of January 27, 2008 referencing contact by various representatives of groups supporting efforts to achieve an "Adoption-Friendly" animal facility and program. Mayor Sessoms has met with these representatives, and proposed a method to achieve the City's objectives. After discussions with the City Manager and Chief of Police, he suggests Animal Control/Care program be retained by the Police Department. Continued progress could be monitored to achieve the desired results. Mayor Sessoms suggested the supervisory position responsible for the operation of the Animal Shelter have the working job title of "Director". Mayor Sessoms and the City Manager have suggested that representatives from various stakeholders be involved in the recruitment/selection and interview process. This recruitment process will entail a national search. The City Manager has requested potential names to take part in the recruitment process and to also serve on the advisory committee to advise the department on program policies and operational issues. Friends of Animal Control agreed with all the suggestions, with the exception of this program remaining under the direction of the Police Department. The Director of the Society for the Prevention of Animal Control (SPCA) was supportive of allowing this facility to still be under the Police Department. Mayor Sessoms also requested the vaccination process commence within thirty (30) days. if at all possible. Mayor Sessoms requested the City Manager proceed with the advertising and recruitment process as expeditiously as possible to implement this direction. Mayor Sessoms' correspondence is hereby made a part of the record. Councilman Diezel requested a three-year evaluation process to determine the progress of this structure. Cuuncilman Wood concurred with Mayor Sessoms and the importance of securing a Director of Animal Cuntrol. Council Lady Wilson suggested this be a one-year evaluation. Friends of Animal Control should be involved and the position not fall under the direction of the Police Department but the City Manager, or an existing community oriented department head. Cuuncilman DeSteph concurred with Council Lady Wilson re the shelter portion being pulled out from under the direction of the Police Department and placed under the Department of Housing and Neighborhood Preservation or report directly to the City Manager. The Director should be hired immediately. Councilman Davis concurred the Director should be hired immediately and would like to see a more diverse applicant pool. The City Manager recommended maintaining the Animal Control under the direction of the Police Department. January 27,2009 . II II - 29- CITY COUNCIL COMMENTS ITEM # 58453 (Continued) Councilman Dyer requested the Friends of Animal Control be assured of significant input in the overall care. The City Manager advised the Friends of Animal Control and the Society for the Prevention of Cruelty to Animals (SPCA) have been invited to submit a list of individuals to serve on a Citizens Advisory Panel, which would work with the Police Department, review the policies and the ongoing operational status. This will open up a channel of communication for them. There will be a one-year review of the process. ITEM # 58454 Councilman DeSteph referenced the correspondence from the Mayor of Chesapeake - the Honorable Alan P. Krasnoff. The Chesapeake City Council adopted a Resolution at its January 20, 2009 Meeting, in OPPOSITION to an increase in Municipal Solid Waste Tipping Fees of $245 per ton proposed by the Southeastern Public Service Authority (SPSA) and requesting a DEFERRAL of sixty (60) days re this proposed increase. This will provide the City of Chesapeake and other member jurisdictions with an opportunity to study the proposed increase in the tipping fee and develop solutions to reduce SPSA's outstanding debt and manage operational costs within its budget. Said letter and Resolution is hereby made a part of the record The City of Virginia Beach's tippingfee is capped at $57 per ton. IfSPSAfails, what is the liability of the debt, back on the City of Virginia Beach. The City Attorney advised the General Assembly created the Southeastern Public Service Authority (SPSA) as a public body with each locality having representation. SPSA was to have debt and pay this debt via tippingfees. The provisions were calculated in the tippingfee by contract. There is a requirement that the tippingfees be raised sufficiently to pay the debt. Councilman DeSteph advised if SPSA were to fail tomorrow would the City be liable for a portion of that debt? The City Attorney advised Virginia Beach is not liable for the SPSA's debt and he has been assured by the bond attorneys over the years that the City is not responsible for the debt. However, SPSA and its member organizations are responsible for that debt and the wav the debt is to be paid is throuzh the collection of tipping fees. Mayor Sessoms advised Michael J Barrett, (SPSA) Southeastern Public Service Authority's representative for the City of Virginia Beach, will provide information re the debt during the City Council Session of February 3, 2009. January 27,2009 . II II - 30 - AGE N DA REV IE W S E S S ION 3:37 P.M. ITEM # 58455 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: J ORDINANCES/RESOLUTION 1. Ordinance to AMEND City Code Section 21-303 re penalties for parking violations. 2. Ordinances re the Department of Housing and Neighborhood Preservation re the FY 2008-2009 Operating Budget: a. AMEND and TRANSFER revenue to reprogram unused operational and administrative funds from prior years b. APPROPRIATE increased revenue of$745,000from the Federal Housing Choice Voucher program 3. AGRICULTURAL RESERVE PROGRAM: a. Resolution to A UTHORIZE the City Manager to execute an Intergovernmental Agreement (IA) with the Department of Agriculture and Consumer Services re additional GRANT funds for the purchase of Agricultural Reserve Program (ARP) easements b Ordinance to AMEND Section 11 of the Agricultural Lands Preservation Ordinance re findings for repurchases of development rights 4. Ordinance to AUTHORIZE the City Manager to execute a Leasefor less than five (5) years with Stabco, Inc. at 1401 Southern Boulevard re storing equipment related to stockpiling and recycling crushed concrete, crushed brick and topsoil. DISTRICT 6 - BEACH 5. Ordinance to A WARD a Lease to n Telos a portion of City-owned property at 3425 Clubhouse Road (Bow Creek Neighborhood Park) re constructing, maintaining and operating wireless telecommunications facilities. DISTRICT 3 - ROSE HALL 6. Ordinance DECLARING two parcels at 1 ih Street as EXCESS property and AUTHORIZE the City Manager to sell the property to WBM, L.L.c. DISTRICT 6 - BEACH January 27, 2009 I I" II - 31 - AGE N DA REV IE W S E S S ION ITEM # 58455 (Continued) 7. Ordinance to ACCEPT a 1986 Chevy Celebrity station wagon as a donation to be used in support offirearms trainingfor the Police Department 8. Ordinance to APPROPRIATE $50,000 from the DEA Shared Asset Special Revenue Fund to the Police Department's FY 2008-2009 Operating Budget re the purchase of a comprehensive job task analysis. 9. Ordinance to TRANSFER $927,984 tofullyfund an Interactive Internet Phase II system for Planning's Permits and Inspections. January 27, 2009 I II II - 32 - AGE N DA REV IE W S E S S ION ITEM # 58456 6. Application of GATEWAY ENTERPRISES, L.L.C.for a Chanf!e ofZoninf! District Classification .from A G-2 Agricultural District to Conditional 0-2 Office District at 2084 Princess Anne Road. DISTRICT 7 - PRINCESS ANNE This item will be discussed during the Formal Session to determine the modifications to the plan. ITEM # 58457 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT: K. PLANNING 1. Ordinance of the CITY OF VIRGINIA BEACH to adopt the NORTHAMPTON BOULEVARD CORRIDOR STRATEGIC GROWTH AREA IMPLEMENTATION PLAN as an Appendix to the Comprehensive Plan. 2. Application of LAWRENCE E. and JUNG Y. VALENTINE, CHARLES B. and DIANA SCHAFER for the closure of a portion of an unnamed, unimproved alley adjacent to the rear property line of 609 South Atlantic Avenue (Croatan Beach) to incorporate the right-ofway into their adjoining single-family residentiallot. DISTRICT 6 - BEACH 3. Application of CHARLES EDWARD and AMY H. DRESCHERfor Modification of Conditions (approved by City Council on June 23, 1980) at 1201 and 1209 Hill Road re relocation of the stem of the flag lot for better access to the property. DISTRICT 5 - LYNNHAVEN 4. Application of BARBARA IRVINGfor a Conditional Use Permit re a residential kennelfor Shih Tzu dogs at 5568 Forestview Drive. DISTRICT 4 - BAYSIDE 5. Application of BAR TON HERITAGE L.L.C.for a Conditional Use Permit re motor vehicle rentals (low speed vehicles) at 665 Sandbridge Road. DISTRICT 7 - PRINCESS ANNE 7. Application of PRINCESSBORO COMPANY, INC. for a Chan~e ofZoninf! District Classification.from AG-l Agricultural District to Conditional 0-2 Office and Conditional B-2 Community Business District at Princess Anne and Sandbridge Roads for office and retail space. DISTRICT 7 - PRINCESS ANNE Item K. 7 (PRINCESSBORO COMPANY, INC.) will be DEFERRED, BY CONSENT, until the City Council Session of February 24, 2009. January 27,2009 i I I II III - 33 - ITEM # 58458 Mayor William D. Sessoms, Jr. entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-3711 (A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(1) Council Appointments: Boards, Commissions, Committees, Authorities, Agencies and Appointees City Attorney PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition, or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711 (A)(3). Acquisition/Disposition of City Property: Norfolk Southern Right-of Way Sportsplex Management Convention Center Hotel 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) Virginia Beach Field House Lease Sportsplex Management LEGAL MATTERS: Consultation with legal counsel and 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 such counsel pursuant to Section 2.2-3711 (A)(7). Buddhist Education Center of America, Inc. v. City of Virginia Beach Proposed Holland Creek development Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION at 3:48 P.M. January 27, 2009 I I I II II - 34 - ITEM # 58458 (Continued) V oring: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None (Closed Session: 3:48 P.M. - 5:40 P.M.) (Dinner: 3: 50 P.M. - 3:58 P.M.) 5:40 P.M. - 5:58 P.M.) (Break: January 27, 2009 I II II - 35 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL January 27, 2009 6:00 P.M. Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, January 27, 2009, at 6:00 P.M Council Members Present: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Father James E. Parke Church of the Ascension, and Church of the Holy Apostles PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial") purchased Resource Bank. On March 31, 2007. Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 1 0, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the pwpose 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. January 27,2009 I II II - 36 - Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the pwpose 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. January 27,2009 I II II - 37 - Item V-E. CERTIFICATION ITEM # 58459 Upon motion by Councilman DeSteph, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 27, 2009 I II I I 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 #58458, Page 33, 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. NOW; THEREFORE, BE IT RESOL VED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. lith Hodges Fraser, MMC City Clerk January 27,2009 ; I" II - 38 - Item V-F.] ITEM # 58460 Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of January 13,2009. Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Cuuncil Members Absent: None January 27,2009 I II Item V-G. ADOPT AGENDA FOR FORMAL SESSION BY CONSENSUS, City Council ADOPTED: II - 39- ITEM # 58461 AGENDA FOR THE FORMAL SESSION January 27, 2009 . II - 40- Item V-H.l.a. PUBLIC HEARING ITEM # 58462 Mayor Sessoms DECLARED A PUBLIC HEARING: LEASE OF CITY OWNED PROPERTY a. 1401 Southern Boulevard STABCO, Inc. There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. II January 27,2009 I II - 41 - Item V-H.1.b. PUBLIC HEARING ITEM # 58463 Mayor Sessoms DECLARED A PUBLIC HEARING: LEASE OF CITY OWNED PROPERTY b. 3425 Clubhouse Road Bow Creek Neighborhood Park There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. II January 27, 2009 : II - 42- Item V-H.2. PUBLIC HEARING ITEM # 58464 Mayor Sessoms DECLARED A PUBLIC HEARING: SALE OF EXCESS CITY PROPERTY _12th Street There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. II January 27,2009 I II I I - 43 - Item V-J. ORDINANCES/RESOLUTIONS ITEM # 58465 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items 1, 2,3,4,5,6, 7a/b,8, and 9 of the CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin. Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 27, 2009 I II II - 44- Item V-J.1. ORDINANCES/RESOLUTION ITEM # 58466 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AMEND City Code Section 21-303 re penalties for parking violations. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 27,2009 : I" I I 1 AN ORDINANCE TO AMEND SECTION 21- 2 303 OF THE CITY CODE PERTAINING TO 3 PENALTIES FOR PARKING VIOLATIONS 4 5 SECTION AMENDED: S 21-303 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 21-303 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 21-303. General parking prohibitions; penalties for violation. 14 15 (a) No person shall park a vehicle, except when necessary to avoid conflict 16 with other traffic or in compliance with the directions of a police officer or traffic-control 17 device, in any of the following places: 18 19 (1) Within any designated fire lane. 20 (2) At any place so as to block any fire department connection. 21 (3) Within seventy-five (75) feet of the driveway entrance to any fire station if 22 properly posted, or on the side of a street opposite the entrance to any fire 23 station. 24 (4) In front of a public driveway. 25 (5) On the roadway side of any vehicle parked at the edge or curb of a street 26 (double parking). 27 (6) Upon any bridge or other elevated structure upon a street or highway or 28 within a tunnel. 29 (7) On the left-hand side of roadway of a two-way street. The provisions of 30 this sub-section exclude those city vehicles operated by city employees 31 executing official duties that require repeated vehicle exit and entry. 32 (8) At any place so as to impede or render dangerous the use of any street or 33 highway. 34 35 (b) No person shall park a vehicle, except when necessary to avoid conflict 36 with other traffic or in compliance with the directions of a police officer or traffic-control 37 device, in any of the following places: 38 39 (1) On a sidewalk. 40 (2) On a crosswalk. 41 (3) Within twenty (20) feet of a marked crosswalk at an intersection. 42 (4) Within thirty (30) feet upon the approach to any flashing beacon, stop sign 43 or traffic-control signal located at the side of a roadway. 44 (5) Between a safety zone and the adjacent curb or within thirty (30) feet of 45 points on the curb immediately opposite the ends of a safety zone, unless a 46 different length is indicated by official signs or markings. . II I I 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 (6) Within fifty (50) feet of the nearest rail of a railroad grade crossing. (7) Alongside or opposite any street excavation or obstruction, when such parking would obstruct traffic. (8) At any place where official signs prohibit, reserve or restrict parking. (9) In a residential or apartment district (area), if such vehicle is a commercial vehicle in excess of twenty (20) feet in length and/or seven (7) feet in height. This restriction shall not apply to commercial vehicles parked while engaged in the normal conduct of business or in the delivery or provision of goods or services in a residential or apartment district (area). (10) At any place so as to prevent the use of a curb ramp located on public property or on privately owned property open to the public. (11) At any place, angle parked or perpendicular to a curb, unless street markings permit. (12) On any street or highway or any city parking lot, displaying a sign or lettering indicating that the vehicle is offered for sale or rent. (c) No person shall park on any street or highway, or on any city parking lot, any vehicle which fails to display valid and current state license plates. (d) Penalties. (1) When a notice or citation is attached to a vehicle found parked in violation of any provision of this section or Section 21-1 incorporating the provisions of Title 46.2 of the Code of Virginia, the owner of the vehicle may pay to the city treasurer, in satisfaction of any such violation, a penalty fine as listed below when such payment is postmarked or received by the city treasurer within fourteen (14) calendar day after issuance of such a notice or citation. Such payment shall constitute a plea of guilty to the violation in question. (i) A penalty fine as provided by the Rules of the Supreme Court of thirty-five dollars ($35) for all parkinq violations at citinq City Code Section 21-1 incorporating the parkinq provisions of Title 46.2 of the Code of Virginia. (ii) A penalty fine of thirty-five dollars ($35.00) for a violation of any provision of subsection (a), except (a)(~1), for each hour or fraction thereof during which such vehicle was unlawfully parked. (iii) A penalty fine of twenty dollars ($20.00) for a violation of any provision of subsection (b) for each hour or fraction thereof during which such vehicle was unlawfully parked. (iv) A penalty fine of thirty-five dollars ($35.00) for a violation of subsection (c) for each day or fraction thereof during which such vehicle was unlawfully parked. (v) A penalty fine of fifty dollars ($50.00) for a violation of subsection (a)(~1) for each hour or fraction thereof during which such vehicle was unlawfully parked. : II II 93 (2) If such payment is not postmarked or received by the city treasurer within 94 fourteen (14) calendar days after issuance of such notice or citation, the penalty 95 fine shall increase to double that indicated above. 96 97 (3) For failure to respond to notices or citations within thirty (30) days, refer to 98 Section 21-312(b) below. 99 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 21..th day of J.J.nuary , 2009. ~tL Fire Department APPROVED AS TO LEGAL SUFFICIENCY: ~~ "'lo.. ~ APPROVED AS TO CONTENT: CA 10957 R-2 December 16, 2008 : II II - 45- Item V-J.2.a./b. ORDINANCES/RESOLUTION ITEM # 58467 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinances re the Department of Housing and Neighborhood Preservation re the FY 2008-2009 Operating Budget: a. AMEND and TRANSFER revenue to reprogram unused operational and administrative funds from prior years b. APPROPRIATE increased revenue of$745,000from the Federal Housing Choice Voucher program Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 27, 2009 . II I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 AN ORDINANCE TO AMEND THE FY 2008-09 DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION OPERATING BUDGET BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: (1) That the Department of Housing and Neighborhood Preservation's FY 2008- 09 Operating Budget is amended by the amounts and purposes set forth below: (A) Estimated revenue to the Federal Housing Assistance Grant Fund (Home Program) has increased by $98,760 and is hereby appropriated for the purpose of providing housing services; (B) $316,218 is hereby transferred within the Federal Housing Assistance Grant Fund to maximize the provision of various housing services in the following amounts: (i) $41,240 is transferred from the First Time Home Buyer Program to the Reconstruction Program; (ii) $4,760 is transferred from the Home Repair Program for Existing Homeowners to the Reconstruction Program; (iii) $270,218 is transferred from the Home Repair Program for Existing Homeowners to the Tenant-based Rental Assistance Program; (C) $553,749 is hereby transferred from the Community Development Special Revenue Fund to the CD Loan and Grant Fund for the purpose of providing housing services; (D) Estimated income of $38,340 was not received for the CD Loan and Grant Fund, and as such, $38,340 of previously appropriated funds is hereby reduced within the CD Loan and Grant Fund; (E) $71,405 is hereby transferred from the Reserve for Contingencies within the CD Loan and Grant Fund to the Home Repair Program for rehabilitation of owner- occupied housing. Adopted by the Council of the City of Virginia Beach, Virginia on the 27th ,2009. day of January Requires an affirmative vote by a majority of all the members of City Council. : II II APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ''\\ Management Services /;:r;;; . ~- . Atlofii;s Office CA 10966 R-3 January 20, 2009 - s:: 0) E 1:7 s:: 0) E od: s:: ~ 0.. cu :::s s:: s:: od: ~ o - - m 0) :::s C- O) 0:: cu 1:7 s:: 0) C) od: 0.. Z :I: C o - - s:: 0) E .c (,) ~ od: 1:7 s:: :::s LL - s:: l! C) 0) (,) s:: J! .. .!!! ~ 3 mOlO m Z E od: c:( I"fl s:: m - :::s 0 Ql .... g o I: I: :I: =' ca o ~ ca E u ~ c:( 0) 1:7 0) LL .. .. N I: c: co ~ 5 or- =' E 00 U c:( II >- C) .0 en c: "0 :.c Ql 'in (1)1-.0 ~ '~.l!i [ij 0 OI:CJ J: = ro en iii ::J a..... L; roIl[ij Ql en 1:: a. ~ ro ro.- Ql ~ 0.:2 IL. 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C) oll c: III o ...J C U ~ c: .a .... co .... .5 /R Ql ~ c: ~ ~ ~ c: III /R c: o +:l III 01: 0. e Q, a. c:( .... o c: o +:l CJ ~ ~ Q) [t: (;) ~ = M CIt , : II II 1 AN ORDINANCE TO APPROPRIATE FUNDS TO THE 2 FY 2008-09 DEPARTMENT OF HOUSING AND 3 NEIGHBORHOOD PRESERVATION'S OPERATING 4 BUDGET 5 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That estimated income to the Federal Housing Choice Voucher Program 11 Portability Fund has increased by $745,000 and these same funds are hereby 12 appropriated to the Department of Housing and Neighborhood Preservation's FY 2008- 13 09 Operating Budget. Adopted by the Council of the City of Virginia Beach, Virginia on the 27th day of .T.::lnll.::lry ,2009. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: <9~Q M Management Services v~ ..,....-- -~ .-city A~ s Office CA 10975 R-3 January 20, 2009 III ill - 46- Item V-J.3.aIb ORDINANCES/RESOLUTION ITEM # 58468 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: AGRICULTURAL RESERVE PROGRAM: a. Resolution to AUTHORIZE the City Manager to execute an Intergovernmental Agreement (IA) with the Department of Agriculture and Consumer Services re additional GRANT funds for the purchase of Agricultural Reserve Program (ARP) easements b. Ordinance to AMEND Section 11 of the Agricultural Lands Preservation Ordinance re findings for repurchases of development rights Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None January 27,2009 III 'I I 1 A RESOLUTION AUTHORIZING AND DIRECTING THE 2 CITY MANAGER TO EXECUTE, ON BEHALF OF THE 3 CITY, AN INTERGOVERNMENTAL AGREEMENT 4 BElWEEN THE VIRGINIA DEPARTMENT OF 5 AGRICULTURE AND CONSUMER SERVICES AND THE 6 CITY OF VIRGINIA BEACH REGARDING THE PURCHASE 7 OF AGRICULTURAL RESERVE PROGRAM EASEMENTS 8 9 10 WHEREAS, the City of Virginia Beach adopted the Agricultural lands 11 Preservation Ordinance in May 1995, thereby establishing a comprehensive program 12 (the "Agricultural Reserve Program") for the preservation of agricultural lands within the 13 City; and 14 15 WHEREAS, since its inception of the Agricultural Reserve Program, 16 approximately 7,798 acres of land have been placed under easements restricting 17 development of the land to agricultural uses; and 18 19 WHEREAS, the General Assembly, by Chapter 879 of the 2008 Acts of 20 Assembly, has appropriated $500,000 to the Virginia Department of Agriculture and 21 Consumer Services ("VDACS") for the continuation of a state fund to match local 22 governmental purchases of development rights program funds for the preservation of 23 working farms and forest lands; and 24 25 WHEREAS, Section 3.2-201 of the Code of Virginia authorizes VDACS' Office of 26 Farmland Preservation to develop methods and sources of revenue for allocating funds 27 to localities to purchase agricultural conservation easements; and 28 29 WHEREAS, VDACS has determined that the City of Virginia Beach is eligible to 30 receive contributions of funds from VDACS in reimbursement for certain costs the City of 31 Virginia Beach incurs in the course of purchasing Agricultural Reserve Program 32 easements; and 33 34 WHEREAS, the City and VDACS desire to enter into an agreement pursuant to 35 which VDACS will reimburse the City for certain costs incurred by the City in the course 36 of purchasing ARP easements, up to a cumulative maximum amount of $49,900, for a 37 period of two (2) years from the date of the agreement; and 38 39 WHEREAS, the complete agreement between the City and VDACS is set forth in 40 that certain document entitled "INTERGOVERNMENTAL AGREEMENT Between 41 Virginia Department of Agriculture and Consumer Services and The City of Virginia 42 Beach," dated January 27, 2009, a true copy of which agreement is on file in the City 43 Clerk's Office; and 44 45 WHEREAS, a Summary of Material Terms of the said agreement is appended 46 hereto; and 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 III III WHEREAS, the City Council finds that the terms of the said agreement are fair and reasonable and would be of significant benefit to the City and its citizens by providing an additional source of funds for the purchase of Agricultural Reserve Program easements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City Manager is hereby authorized and directed to execute the aforesaid agreement on behalf of the City and to take such measures as are necessary or advisable to implement such agreement according to its terms. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City Council hereby expresses its appreciation to the Governor, the General Assembly and the Virginia Department of Agriculture and Consumer Services for their continued commitment to the preservation of agriculture within the Commonwealth and the City. Adopted by the Council of the City of Virginia Beach, Virginia on the 27th day of January ,2009. Approved as to Content: Approved as to Legal Sufficiency: F?~ Agriculture Department ()J(j~jVli~j City Attorney's Office CA-10985 January 13, 2009 2 : III II Intergovernmental Agreement between Virginia Department of Agriculture and Consumer Services and The City of Virginia Beach Summary of Material Terms Background: City of Virginia Beach is eligible to receive an additional $49,900 in State funds to purchase agricultural preservation easements through the City's Agricultural Reserve Program (ARP). The City of Virginia Beach was previously approved to receive $403,219.75 from the Virginia Department of Agriculture and Consumer Services (VDACS) on June 24, 2008. Parties: The City of Virginia Beach and the Virginia Department of Agriculture and Consumer Services (VDACS). VDACS Responsibilities: VDACS will reimburse the City for certain costs of purchasing ARP easements. The maximum amount in new funding over the next two years is $49,900. Reimbursable costs include: . the purchase price of any Treasury STRIPS acquired to fund the purchase price of the conservation easement; . cost of title insurance; . cost of one appraisal; . one physical survey; . reasonable attorney's fees; . cost of public notices Note: Other costs are reimbursable but are not incurred by the City in the course of ARP transactions as presently structured Maximum reimbursement for a single purchase is equal to 50% of sum of the purchase price of the easement and reimbursable costs, excluding costs of STRIPS. II II City of Virginia Beach Responsibilities: . Utilize state funds to further protect working agricultural lands by purchasing development rights. . Submit a progress report each year that the agreement is effective or a subsequent agreement is in effect to (i) describe any prospective properties and the status of any negotiations, (ii) estimate the timeframes that agreements could possibly be executed, (iii) maintain a public outreach program designed to educate various stakeholders, (iv) develop and maintain a monitoring program, and (v) continually evaluate the effectiveness of the program. . If City sells development rights back to the property owner, City must reimburse VDACS in an amount proportional to VDACS' contribution toward the total reimbursable cost of acquiring the ARP easement. Cost: . No associated costs are incurred by the City Duration and Termination: . Initial term is two years from the date of the agreement or January 27, 2011. . This agreement shall be merged with the previous agreement approved on June 24,2008, so there are no inconsistencies. . City may be recertified as eligible for future funding, but not guaranteed. . The agreement may be terminated if the City fails to perform any of its obligations under the terms of this agreement. . If the City fails to allocate the spending of the funds within the two year time period, monies will then be redistributed to other PDR programs. 2 1 AN ORDINANCE TO AMEND SECTION 11 OF THE 2 AGRICULTURAL LANDS PRESERVATION ORDINANCE, 3 PERTAINING TO REQUIREMENTS FINDINGS FOR 4 REPURCHASES OF DEVELOPMENT RIGHTS 5 6 Section Amended: Agricultural Lands Preservation 7 Ordinance (City Code Appendix J) Section 11 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Section 11 of the Agricultural Lands Preservation Ordinance (City Code 13 Appendix J) is hereby amended and reordained to read as follows: 14 15 APPENDIX J. AGRICULTURAL RESERVE PROGRAM 16 17 18 Sec. 11. Nature of rights acquired; repurchases; exchanges. 19 20 21 22 (c) Upon the expiration of twenty five (25) years from the date on .....hich a 23 preservation easement is recorded, the landolNner or successor in interest to the 24 property 'A'hich is subject to the easement may petition the city council to repurchase the 25 development rights and extinguish the proservation easement on such property. The 26 city council may, by '.'ote of no less than three fourths of all of its members, and in 27 accordance with all other procedural requirements then gO'.leming the sale of municipal 28 interests in land, authorize the sale of such development rights to the petitioning party at 29 the then current fair market value of such development rights and upon such terms and 30 conditions as may be fair and reasonable. No such sale shall be authorized, however, 31 unless the city council determines by ordinance that: 32 33 (1) The sale of such development rights is essential to the orderly 34 development and grmvth of the city; 35 36 (2) The preservation easement is no longer needed for open space 37 purposes and the substitution of other real property is not feasible; 38 39 (3) The development of the property for nonagricultural uses would not 40 be in conflict with the Comprehensh:e Plan then in effect; and 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 (4) No state or federal funds were used in connection with the acquisition of the preservation easement that is the subject of the repurchase petition. (d) \^/here state or federal funds were used by the city in connection with the acquisition of the preservation easement that is the subject of the repurchase petition, other preservation easements of (i) at least equal fair market value, (ii) of greater value as permanent open space, and (iii) of as nearly as feasible equi'/alent usefulness and location for use os permanent open space land as the property which is the subject of the petition shall be acquired, unless the city council determines by ordinance that: (i) the preservation easement upon the property 'Nhich is the subject of the petition is no longer needed, Oi) that substitution of other preservation easements is not feasible, and (iii) that no state or federal funds were used in connection 'A'ith the acquisition of the development rights upon the property which is the subject of the petition. (c) Upon the expiration of twenty-five (25) years from the date on which a preservation easement is recorded. the landowner or successor in interest to the property which is subiect to the easement may petition the city council to repurchase the development riahts and thereby extinauish the aariculturallands preservation easement on such property. The city council may, by vote of no less than three-fourths of all of its members, and in accordance with all other procedural requirements then aovernina the sale of municipal interests in land. authorize the repurchase of such development riahts by the petitionina party at the then-current fair market value of such development riahts and upon such other terms and conditions as may be fair and reasonable. Any such repurchase of development riahts shall be subiect to the provisions of subsection (d) or (d1). as the case may be. (d) Where no state or federal funds were used by the city in connection with the acquisition of the preservation easement that is the subiect of the repurchase petition. no repurchase of development riahts shall be authorized unless other preservation easements of (i) at least equal fair market value. Oi) of areater value as permanent open space, and Oii) of as nearly as feasible equivalent usefulness and location for use as permanent open-space land as the property which is the subiect of the petition are substituted. No such substitution, however, shall be required if the city council determines by ordinance that: (1) The repurchase of such development riahts is essential to the orderly development and arowth of the city and in accordance with the Comprehensive Plan then in effect: and (2) The property that is the subiect of the repurchase is no lonaer needed for open-space purposes. and the substitution of other real property is not feasible. 2 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 1111 II (d1) Where state or federal funds were used by the city in connection with the acquisition of the preservation easement that is the subiect of the repurchase petition, no repurchase of development riQhts shall be authorized unless: (1) The city council determines by ordinance that the repurchase of such development riQhts is essential to the orderly development and Qrowth of the city and in accordance with the Comprehensive Plan then in effect: and (2) Other preservation easements or open-space lands of (i) at least equal fair market value. (in Qreater value as permanent open space and (iii) of as nearly as feasible equivalent usefulness and location for use as permanent open-space land as the subiect property are acquired by the City. Adopted by the Council of the City of Virginia Beach, Virginia, on the 27th day of January, 2009. 3 III II I IlL--- Agriculture Department APPROVED AS TO LEGAL SUFFICIENCY: !iJ~/lII!bJ City Attorney's Office APPROVED AS TO CONTENT: CA 10848 R-4 January 12, 2009 4 : II I I - 47- Item V-J.4. ORDINANCES/RESOLUTION ITEM # 58469 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AUTHORIZE the City Manager to execute a Lease for less than five (5) years with Stabco, Inc. at 1401 Southern Boulevard re storing equipment related to stockpiling and cling crushed concrete, crushed brick and topsoil. DISTRICT 6 - BEACH Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 27, 2009 II I I 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR LESS 3 THAN FIVE YEARS WITH STABCO INC. FOR 9.734 4 ACRES OF CITY-OWNED LAND LOCATED AT 1401 5 SOUTHERN BLVD. 6 7 WHEREAS, the City of Virginia Beach ("the City") owns 9.734 acres of 8 land located at 1401 Southern Blvd. (the "Property"); 9 10 WHEREAS, the City acquired the Property for the Southeastern Parkway 11 Project (CIP 2-089) in February 2007; 12 13 WHEREAS, Stabco, Inc. ("Stabco") has been leasing the Property from 14 the City on a month-to-month basis since the City acquired it; 15 16 WHEREAS, Stabco has agreed to pay the City $36,000 for the use of the 17 Property for a twelve-month period commencing on January 1, 2009 and ending 18 on December 31,2009; 19 20 WHEREAS, no formal written lease agreement has ever been entered into 21 between Stabco and the City, and Stabco would like to now enter into a formal 22 written lease arrangement with the City for the use of the Property; and 23 24 WHEREAS, the Property will be utilized by Stabco as a place of business 25 for the stockpiling and recycling of crushed concrete, crushed brick and topsoil, 26 and the storing of equipment related to such stockpiling and recycling, and for no 27 other purpose. 28 29 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 30 CITY OF VIRGINIA BEACH, VIRGINIA: 31 32 That the City Manager is hereby authorized to execute a lease for the term 33 of less than five years, between Stabco, Inc. and the City for 9.734 acres of land 34 located at 1401 Southern Blvd., in accordance with the Summary of Terms 35 attached hereto and such other terms, conditions or modifications as may be 36 acceptable to the City Manager and in a form deemed satisfactory by the City 37 Attorney. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia on the 27th 40 day of ~_y_ , 2009. II APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~~ City Attorn - -. CA 10783 v :lapplicationslcitylawprodlcycom321 WpdocslDO 13\P004100000942.DOC R-1 January 27, 2009 II APPROVED AS TO CONTENT Uk~~i ~ Manage nt Servic~ - Facilities Management III II SUMMARY OF TERMS Lease With Stabco, Inc. for a 9.734 acre City-owned Lot located at 1401 Southern Blvd. LESSOR: City ot Virginia Beach LESSEE: Stabco, Inc. PREMISES: 9.734-acre lot located at 1401 Southern Blvd. in Virginia Beach, Virginia (GPIN 2417-24-1080) TERM: 12 months: January 1, 2009 through December 31 , 2009 RENT: $3,000 per month ($36,000 per year) RIGHTS AND RESPONSIBILITIES OF LESSEE: . Use leased property solely tor stockpiling and recycling ot crushed concrete, crushed brick and topsoil and storing equipment related to such stockpiling and recycling. . Maintain leased property. . Purchase commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: . Reserve the right to grant easements and rights-ot-way across or upon the leased property tor streets, alleys, public highways, drainage utilities, telephone and telegraph transmission lines, pipelines, irrigation canals and similar purposes. · Reserve the right to enter upon the leased property without notice to Stabco in emergency situations, or upon 48 hours' prior notice to Stabco in non- emergency situations. TERMINATION: City may terminate the Lease tor any reason by giving thirty (30) days' written notice. V:\applications\citylawprod\cycom32\Wpdocs\DOO7\P004\00071791 . DOC , III II .11" II - 48 - Item V-J.5. ORDINANCES/RESOLUTION ITEM # 58470 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AWARD a Lease to nTelos a portion of City-owned property at 3425 Clubhouse Road (Bow Creek Neighborhood Park) re constructing, maintaining and operating wireless telecommunications facilities. DSTRlCT 3 - ROSE HALL Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 27,2009 I I III II 1 AN ORDINANCE TO AWARD A LEASE OF A PORTION OF 2 THE CITY PROPERTY LOCATED AT 3425 CLUBHOUSE 3 ROAD (BOW CREEK NEIGHBORHOOD PARK), IN THE 4 ROSE HALL DISTRICT, FOR THE PURPOSE OF 5 CONSTRUCTING, MAINTAINING AND OPERATING 6 WIRELESS TELECOMMUNICATIONS FACILITIES 7 8 WHEREAS, the Clerk has laid before the City Council an ordinance adopted 9 December 9,2008, entitled "AN ORDINANCE PROVIDING FOR BIDS FOR A LEASE OF 10 A PORTION OF THE CITY PROPERTY LOCATED AT 3425 CLUBHOUSE ROAD (BOW 11 CREEK NEIGHBORHOOD PARK) FOR THE PURPOSE OF CONSTRUCTING, 12 MAINTAINING AND OPERATING WIRELESS TELECOMMUNICATIONS FACILITIES," 13 together with a certificate of due publication of the same once per week for two successive 14 weeks in a newspaper of general circulation in the City, in the manner prescribed by law; 1 5 and 16 17 WHEREAS, Richmond 20MHz, LLC, d.b.a. NTELOS has submitted the highest bid 18 for the award of such lease, which bid was delivered to the Mayor in open session on the 19 day and hour named in the advertisement and was read aloud; and 20 21 WHEREAS, the Mayor then and there inquired for any further bids, and none were 22 submitted; and 23 24 WHEREAS, in the opinion of the City Council, it is expedient and in the best 25 interests of the City that the said lease should be granted to Richmond 20M Hz, LLC, d.b.a. 26 NTELOS; 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 1. That the bid of Richmond 20M Hz, LLC, d.b.a. NTELOS be, and hereby is, 32 accepted, and that the aforesaid lease be, and hereby is, awarded to Richmond 20M Hz, 33 LLC, d.b.a. NTELOS upon the conditions set forth in such lease. 34 35 2. That the name of Richmond 20M Hz, LLC, d.b.a. NTELOS shall be inserted 36 in the aforesaid lease, and that the City Manager shall execute, on behalf of the City, the 37 attached lease entitled "Communication Tower Lease Agreement (Bow Creek 38 Neighborhood Park), City of Virginia Beach, Lessor and Richmond 20MHz, LLC, d.b.a. 39 NTELOS, Lessee," a summary of the material terms of which is hereto attached and a 40 copy of which is on file in the Office of the City Attorney. 41 42 3. That the revenue from the lease shall be appropriated to the Golf Course 43 Special Revenue Fund (175 Fund). 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 27th day of 46 Jiin11iiry ,2009. I I , III I I De~Ulelion APPROVED AS TO LEGAL SUFFICIENCY: " !Ii/elk,! i /II I(~ City Attorney's Office APPROVED AS TO CONTENT: CA10974 R-1 January 21, 2008 2 III II Bow Creek Neighborhood Park Communications Tower Lease Summary of Material Terms Parties: City of Virginia Beach and 20M Hz, LLC, d/b/a as nTelos Leased Area: 50'x50' portion of Bow Creek Neighborhood Park, plus access (3425 Bow Creek Boulevard, Rose Hall District). Tower height to be maximum of 130' (to be set by conditional use permit) Term: Initial10-year term; lessee has right to renew for three 5-year terms Rent: Base rent of $15,000/yr with annual increases of 3%; additional rent of 1/2 of any rent received by lessee from co-locators, with minimum to City of $9,600 from each co-locator Contingency: Lease is contingent on granting of a conditional use permit and other governmental approvals; Insurance: Lessee required to maintain insurance, including $2 Million Combined Single Limit commercial general liability insurance Other: Conditions of conditional use permit are incorporated by reference into the lease; lessee also must comply with applicable provisions of City Zoning Ordinance, other ordinances and state or federal laws \!. \~\ !t\\\\ . . i\l \\\i ~ \.\ \ ,..\\ i I ,\l\- ~\l\ \ .\ ~ \ \ ~~ \ . t~\ , ~ 1 . \\ q\ \~ h ' ~ 'III co CP \-.............. ,..-/ ,;.;--.,--- .............. .--- ~ ~ ~ IZl ~ ,-,," . i 0 !O ~~ ~ t.'l ~ ...? ./" III rl III Id a 1. l! 1_ ~n . ! 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F ",,~:ja'e~j!!~ ~Pl25f~g ,,~~~~J<!II < < a <Of!" 3!~ !lii:~~..~J;gwg~ig ~ ~ffin~_~~~~<~. ~ ~a~:~;~::l!i l!i~fHi!I~i!l~ ~li~r- <C<(~8its ~I;ag:;;g!li~~ il!~h~~~~~~ , h,ld ~ r / 1~1i !c. ~n ~ Udt ~".U ' ~1;8! I ~58! t:f : ~~ ; \ \ \ \, \. \ .... ...... fill 10 "'.ISJ.~ 'DNJrnIOO{J rutr.MIA ~ J ! Ib~i ~i ~ l'l ~~~~ U tlll ~"g;; ~ ~i ~ i ~~~Ii. ~ ~i~i i ~ ii~~ g~~~ ; i 6;~il Il'.~~~ Ii! z ;;!~; ~~d II ~ ~i'l" !"od\!! 8 ~i1~~ ~ilg~ ~ ~2i.-J": ~a . . I II 1/ / I / I I I~J IUbi ~88tl ~!l ! ill " . t<l ~ ~. CI) ii t.> 0 I ~ ~ ~ ~ G Ii: ~~~~=I'!'i~.:! ~ilHiil" ':!~:! il 5: ~. ~. . ~:I ! ~ ~ii;5~~~ B~::I~!;:IZ !!l-U-g ia~:;;i:li ~::;~~j~~!:l~~ w ~u~~~~ (.l I, I, 1111 II - 49 - Item V- J.6 ORDINANCES/RESOLUTION ITEM # 58471 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance DECLARING two parcels at 1 ih Street as EXCESS property and AUTHORIZE the City Manager to sell the property to WBM, L.L.c. DISTRICT 6 - BEACH Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 27, 2009 III II 1 AN ORDINANCE DECLARING CERTAIN 2 PROPERTY LOCATED ON 12TH STREET (GPINS 3 2417-84-5655 and 2417-84-3615) TO BE IN EXCESS 4 OF THE CITY'S NEEDS AND AUTHORIZING THE 5 CITY MANAGER TO SELL THE PROPERTY TO 6 WBM, L.L.C. 7 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of those 10 certain parcels of land located on 12th Street (GPINs 2417-84-5655 and 2417-84-3615) 11 (the "Property"), more particularly described on Exhibit "A" attached hereto; 12 13 WHEREAS, a Request for Proposals ("RFP") for the purchase of the 14 Property was advertised on two consecutive Sundays in The Virginian-Pilot as well as 15 on the City of Virginia Beach website; 16 17 WHEREAS, WBM, L.L.C. ("WBM") was one of the respondents to the 18 RFP; 19 20 WHEREAS, the Excess City Owned Real Property Committee has 21 recommended that City Council declare the property to be in excess of the City's needs 22 and sell the Property to WBM; 23 24 WHEREAS, WBM will construct residential dwellings that meet all of the 25 applicable local, state and federal regulations; 26 27 WHEREAS, WBM will purchase the Property in accordance with the 28 Summary of Terms attached hereto as Exhibit "B"; 29 30 WHEREAS, the City Council is of the opinion that the Property is in 31 excess of the needs of the City of Virginia Beach. 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 34 OF VIRGINIA BEACH, VIRGINJA: 35 36 That the property is hereby declared to be in excess of the needs of the 37 City of Virginia Beach and that the City Manager is hereby authorized to execute any 38 documents necessary to convey the Property to WBM, in substantial conformity with the 39 Summary of Terms attached hereto and such other terms, conditions or modifications 40 deemed necessary and sufficient by the City Manager and in a form deemed 41 satisfactory by the City Attorney. 42 43 This ordinance shall be effective from the date of its adoption. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 46 27 Lhday of Januar~ ,2009. II II CA 10780 PREPARED: 1/15/2009 R-1 V:\applications\citylawprod\cycom32\Wpdocs\D008\P007\OOO74132.DOC APPROVED AS TO CONTENT ~~.J&nmdQbrr~ Public Works APPROVED AS TO LEGAL FFICIENCY II EXHIBIT "A" GPIN: 2417-84-3615 and GPIN: 2417-84-5655: ALL THOSE certain lots, pieces or parcels of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lots thirteen (13), fourteen (14), fifteen (15), sixteen (16), twenty- three (23), and twenty-four (24) in Block one hundred twenty (120), as shown on the untitled plat known as "PLAT OF LAKEWOOD", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 7, at page 100. IT BEING a part of the same property conveyed to the Town of Virginia Beach, Virginia, by deed of P. W. ACKISS and W. R. ASHBURN, Special Commissioners, dated September 30, 1938 and recorded in the aforesaid Clerk's Office in Deed Book 195 at Page 469. : III II Exhibit "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY ON 12th STREET SELLER: City of Virginia Beach PURCHASER: WBM, L.L.C. PROPERTY: GPINS: 2417-84-3615 and 2417-84-5655 LEGAL DESCRIPTION: GPIN: 2417-84-3615 and GPIN: 2417-84-5655 ALL THOSE certain lots, pieces or parcels of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lots thirteen (13), fourteen (14), fifteen (15), sixteen (16), twenty-three (23), and twenty-four (24) in Block one hundred twenty (120), as shown on the untitled plat known as "PLAT OF LAKEWOOD", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 7, at page 100. IT BEING a part of the same property conveyed to the Town of Virginia Beach, Virginia, by deed of P. W. ACKISS and W. R. ASHBURN, Special Commissioners, dated September 30, 1938 and recorded in the aforesaid Clerk's Office in Deed Book 195 at Page 469. SALE PRICE: Four Hundred Thirty Thousand and No/lOO Dollars ($430,000) CONDITIONS OF SALE: · Property is purchased "As Is". · The Deed will contain a reverter (to expire upon completion of construction) to insure the completion of the construction in a timely manner. I, I III II Summary of Terms WBM, L.L.C. Page 2 · Purchaser shall deposit Five Thousand and no/l 00 Dollars ($5,000) at the execution of the Purchase Agreement. The deposit shall be non-refundable. The deposit shall be applied to the Purchase Price at closing. · The Buyer shall submit a site plan for review and approval by the Planning Department prior to any construction. · The sale of the Property shall be subject to any necessary encroachments required for utilities. V :\applications\citylawprod\cycom32\ Wpdocs\D008\P007\0007413 3 .DOC 1111 II - 50 - Item V-J. 7. ORDINANCES/RESOLUTION ITEM # 58472 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to ACCEPT a 1986 Chevy Celebrity station wagon as a donation to be used in support of firearms training for the Police Department Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 27, 2009 I I 1111 II 1 AN ORDINANCE TO ACCEPT A DONATION OF A 2 1986 CHEVY CELEBRITY STATION WAGON FROM 3 JAMES R. MOCKENHAUPT 4 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That a donation of a 1986 Chevy Celebrity station wagon from James R. 10 Mockenhaupt is hereby accepted. This vehicle will be used in support of firearms 11 training for the Virginia Beach Police Department. The City of Virginia Beach shall not 12 be responsible for replacement of this equipment. 13 14 Adopted by the Council of the City of Virginia Beach, Virginia, on the 27th day 15 of January , 2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: JJ.; ft?~",L(~ Police Depart' t CA 10968 R-2 January 16, 2009 : III III - 51 - Item V-M.8. ORDINANCES/RESOLUTION ITEM # 58473 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to APPROPRIATE $50,000 from the DEA Shared Asset Special Revenue Fund to the Police Department's FY 2008-2009 Operating Budget re the purchase of a comprehensive job task analysis. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 27,2009 III III 1 AN ORDINANCE TO APPROPRIATE FUNDS TO THE 2 POLICE DEPARTMENT FY 2008-09 OPERATING 3 BUDGET 4 5 WHEREAS, the Drug Enforcement Administration (DEA) Seized Property Special 6 Revenue Fund provides law enforcement agencies with monetary resources to assist in 7 accomplishing their mission. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 That appropriations to the Police Department's FY 2008-09 operating budget 13 are hereby increased by $50,000 for the purchase of a comprehensive job task 14 analysis, with revenues from the Fund Balance of the DEA Seized Property Special 15 Revenue Fund increased accordingly. 16 17 Adopted by the Council of the City of Virginia Beach, Virginia on the 27th day 18 of January , 2009. 19 20 Requires an affirmative vote by a majority of all the members of City Council. Approved as to Content: Approved as to Legal Sufficiency: ~)a~se~i~~ ~~- CA 10969 R-2 January 13, 2009 III II - 52 - Item V-M.9. ORDINANCES/RESOLUTION ITEM # 58474 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to TRANSFER $927,984 to fully fund an Interactive Internet Phase II system for Planning's Permits and Inspections. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 27, 2009 I I : II II 1 AN ORDINANCE TO TRANSFER FUNDS TO FULLY 2 FUND CAPITAL PROJECT 3-207 CIT - PHASE II 3 PERMITS AND INSPECTIONS INTERACTIVE 4 INTERNET 5 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $927,984 is transferred from the following capital projects to fully fund 11 capital project 3-207 CIT - Phase II Permits and Inspections Interactive Internet: 12 13 (1) $122,984 from capital project 3-084 CIT - Digital Submission of Construction 14 Plans. 15 16 (2) $325,000 from capital project 3-051 CIT - 311/Customer Relationship 17 Reporting. 18 19 (3) $480,000 from capital project 3-043 CIT - In-Vehicle. 20 21 Adopted by the Council of the City of Virginia Beach, Virginia, on the ? 7t-h day 22 of January , 2009. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: l)~~~ Management Services ~#~ Ity AU ey's Office CA 10976 R-2 January 15, 2009 III - 53 - Item V-X PLANNING ITEM # 58475 1. CITY OF VIRGINIA BEACH 2. LAWRENCE E. AND JUNG Y. VALENTINE CHARLES B. AND DIANA SCHAFER 3. CHARLES EDWARD and AMY H. DRESCHER 4. BARBARA IVRING 5. BARTON HERITAGE, L.L.c. 6. GATEWAY ENTERPRISES, L.L.C. 7. PRINCESSBORO COMPANY, INC. II NORTHAMPTON BOULEVARD CORRIDOR STRATEGIC GROWTH IMPLEMENTATION as an APPENDIX TO THE COMPREHENSIVE PLAN STREET CLOSURE MODIFICATION OF CONDIITIONS (Approved by City Counci/6/23/1980) CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING CONDITIONAL CHANGE OF ZONING January 27,2009 I, I III - 54 - Item V-K. PLANNING ITEM # 58476 Upon motion by Vice Mayor Jones. seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items 1, 2, 4, 5, and 7 (DEFERRED) of the PLANNING BY CONSENT AGENDA. Item K. 7 was DEFERRED, BY CONSENT, until the City Council Session of February 24, 2008. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis. William R. "Bill" DeSteph. Harry E. Dieze!. Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 27, 2009 III II - 55 - Item V-Kl. PLANNING ITEM # 58477 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance of the CITY OF VIRGINIA BEACH to adopt the NORTHAMPTON BOULEVARD CORRIDOR STRATEGIC GROWTH AREA IMPLEMENTATION PLAN as an Appendix to the Comprehensive Plan. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 27, 2009 I I III II 1 AN ORDINANCE TO AMEND THE COMPREHENSIVE 2 PLAN BY INCORPORATING THE NORTHAMPTON 3 BOULEVARD CORRIDOR STRATEGIC GROWTH AREA 4 IMPLEMENTATION PLAN AS AN APPENDIX 5 6 WHEREAS, the public necessity, convenience, general welfare and good zoning 7 practice so require; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 That the Comprehensive Plan of the City of Virginia Beach be, and hereby is, 13 amended and reordained by the addition of that certain document entitled "Northampton 14 Boulevard Corridor Strategic Growth Area Implementation Plan" as an Appendix. Such 15 document is made a part hereof, having been exhibited to City Council and is on file in 16 the Department of Planning. 17 18 Adopted by the Council of the City of Virginia Beach, Virginia, on this 2yth day of 19 January, 2009. III II Item #13 City of Virginia Beach An Ordinance to Adopt the Northampton Boulevard Corridor Strategic Growth Area Implementation Plan as an Appendix To the Comprehensive Plan December 10, 2008 REGULAR Janice Anderson: We will start with the matters we're going to hear today. I'll let our Secretary call the first matter. Donald Horsley: The first matter is item 13, the City of Virginia Beach. It's an ordinance to adopt the Northampton Boulevard Corridor Strategic Growth Area Implementation Plan as an Appendix to the Comprehensive Plan. Ms. Lasley will address us. Madam Chairman, we have five speakers today. Karen Lasley: Last Monday evening you were briefed pretty thoroughly by our consultant on the plan. We don't have anything further to add to that. We have about five people here who have put in a lot of hours working with us on the plan. None of them seem too eager to speak, but I hope they're going to get up and at least get up and say hello. It has been a great experience for the staff. Lloyd Jackson is here from Economic Development and Leslie Bonilla, and me, and Jack, and Warren Harris, Director of Economic Development, who couldn't be here are the main staff contacts on this. So, we're here if you have any questions. We also have the PowerPoint presentation if you would like to see any of the pictures. Janice Anderson: Thank you. It is very nice to finally have a plan. Karen Lasley: It is very nice. Janice Anderson: Thank you very much for everybody's work. We appreciate it so much. Donald Horsley: Our first speaker this afternoon is Robert Garris. Janice Anderson: I think it is a reluctant Mr. Garris coming up. Welcome sir. Robert Garris: Good evening Commissioners. It is an honor and a pleasure for me to be here today because as the lady just stated, we now have a plan. Ed Weeden: Please state your name for the record. Robert Garris: My name is Robert Garris. We have a plan, and I don't oppose it. It has been a long time coming. I've been to just about every meeting there was. I am satisfied. Janice Anderson: We appreciate your time and your effort in the plan, and it shows. Thank you so much. 1111 , II Item # 13 City of Virginia Beach - Northampton Boulevard Corridor Plan Page 2 Robert Garris: Thank you. Donald Horsley: Thank you. Our next speaker is Russell Valentine. Janice Anderson: Welcome sir. Russell Valentine: My name is Russell Valentine. And I will go along with the plan that we got. Everything is working out just fine. Janice Anderson: Thank you Mr. Valentine. Thank you for your input to your plan. Thank you very much. Donald Horsley: Our next speaker is Jacqueline Morgan. Jacqueline Morgan: Hello. Janice Anderson: Hello. Welcome. Jacqueline Morgan: Thank you all for allowing us to be a part of this. I've grown up with this Burton Station issue from the time I was old enough to understand that I live in Burton. So, I really appreciate the fact that we have our input in it, and we're really excited that this is actually looking like it is going to happen. So, we're just thankful. Janice Anderson: Thank you. Thank you for all your help Ms. Morgan. Donald Horsley: Naomi Morgan. Naomi Morgan: I had no idea I had to do this. But I am Naomi Morgan. I'm glad I'm here because I have a water problem. My water has been out for one month. Everybody came out and fixed my water and charged me to fix that water, but they never fixed it. I got an old guy and he came out and fixed it for me. He charged me money, but he didn't fix illy water. And I'm glad to have water and sewage. I am tired of carrying water like we're back in Africa. I have seen those people carry water from a lake; so, I'm borrowing water from my neighbors. And I've had one time so I'm glad to get the water and sewage just so I don't have to pay for it. But we want the most money for our property. We just don't want you to come in. I like the plan, but we want the very best plan and the best money for our property because that is my daughter. I have three kids. I want the best for my property. I love the plan. I think it is going to work out fine. Just don't forget the money. Don't forget my water. Don't forget my sewage. I need it. Telephone wires were cut going into the hotel. They cut my wires and for two weeks the phone was out. You don't have anything to do with that. The car went out. Everything just went out. Come in and beautify our neighborhood. Give us things that we need, because I do have to pay those taxes every year. And I don't have the things that I need. So, please help us out. Janice Anderson: Thank you very much. Thank you for coming down today. III III Item # 13 City of Virginia Beach - Northampton Boulevard Corridor Plan Page 3 Naomi Morgan: Thank you. Donald Horsley: David Reda. David Reda: Good afternoon. David Reda. I'm with Wolcott, River, and Gates. I'm a little further north. I represent the mobile home park, the Colonial Run Mobile Home Park, the owners of that park. They asked me to attend all of the meetings just to make sure that I keep an eye on you all. And, I don't get out much; so, I'm happy to do that. One thing that I want to make sure that you are all aware of is that the owners of this park are happy to do whatever needs to be done as long as it is in the interest of everyone. I know that the City has had some issues with respect to closing mobile home parks. This particular owner is very, and likes this park a lot. He hopes that we can find a place to relocate it. So, as part of this plan, and I know that we talked about it a little bit with Karen, and with the Economic Development Authority, but we're hoping that we can find a place to relocate the park within the City of Virginia Beach in order to make sure that the low income families that are living there now don't lose their places in Virginia Beach, and they can continue to live in Virginia Beach. So, we're really happy to see the plan be implemented in stages when it gets up that far, we're a player. We're happy to participate. I don't even know if "caveats", maybe that is too strong a word. I don't mean it to sound like that, but I'm just not articulate enough to think of a better one. But we do hope we are able to relocate those folks to another place in the city. Thank you very much. Janice Anderson: Thank you Mr. Reda. Donald Horsley: That is all the speakers. Janice Anderson: I'll open it up for discussion. Are there any comments? Go ahead Gene. Eugene Crabtree: Again, I don't think we need much discussion, because we've discussed it, and many of us went to most of the meetings that these folks have been too. We sat on them. We've listened to their comments. We've heard what they had to say. We've listened to the planner and the developers who were there. We listened to the City. I think we have been well briefed on it. I really don't think that there is anything we need to say further. I would like to make a motion that we approve it. Janice Anderson: Thank you. We have a motion by Gene Crabtree. Al Henley: Second. Janice Anderson: A second by Al Henley. Are there any further comments? Are we ready for the vote? AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE , II II Item #13 City of Virginia Beach - Northampton Boulevard Corridor Plan Page 4 BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the board has approved the application of the City of Virginia Beach for the Northampton Boulevard Corridor Strategic Growth Area Implementation Plan as an Appendix to the Comprehensive Plan. Janice Anderson: Thank you all again for your help in the plan. Thank you very much. We just going to move on and get it implemented now. We'll take action on it. Thank you very much. Donald Horsley: I just saw Ms. Lasley say Hallelujah. III III - 56 - Item V-X2. PLANNING ITEM # 58478 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of LAWRENCE E. and JUNG Y. VALENTINE, CHARLES B. and DIANA SCHAFER for the closure of a portion of an unnamed, unimproved alley adjacent to the rear property line of 609 South Atlantic Avenue (Croatian Beach) to incorporate the right-o.fway into their adjoining single-family residential lot ORDINANCE UPON APPLICATION OF LAWRENCE E. ANDJUNG Y VALENTINE, CHARLES B. AND DIANA SCHAFER, FOR THE CLOSURE OF A PORTION OF AN UNNAMED, UNIMPROVED ALLEY Ordinance upon application of LA WRENCE E. and JUNG Y VALENTINE AND CHARLES B. and DIANA SCHAFER, for the closure of a portion of an unnamed, unimproved alley adjacent to the rear property line of 609 S. Atlantic Avenue. AICUZ is 65-70. DISTRICT 6 - BEACH The following conditions shall be required: 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 parcel. 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 proposedfor closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-o.fway proposedfor closure. Ifprivate utilities do exist, easements satisfactory to the utility company must be provided. 4. The applicant shall provide a private drainage easement and a public utility easement on the final subdivision plat. 5. Closure of the right-o.fway shall be contingent upon compliance with the above stated conditions within 365 days of approval (January 26,2010) 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-o.fway this approval shall be considered null and void. January 27,2009 III ill - 57 - Item V-K.2. PLANNING ITEM # 58478 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 27, 2009 I I II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 APPLICATION OF LAWRENCE E. & JUNG Y. VALENTINE AND CHARLES B. & DIANA SCHAFER FOR THE CLOSURE OF ~ OF AN ALLEY ADJACENT TO 609 S. ATLANTIC AVENUE IN CROATAN. WHEREAS, Lawrence E. & Jung Y. Valentine and Charles B. & Diana Schafer (the "Applicants") applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described alley discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said alley be discontinued, closed, and vacated, subject to certain conditions having been met on or before one (1) year from City Council's adoption of this Ordinance; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: SECTION I That the hereinafter described alley be discontinued, closed and vacated, subject to certain conditions being met on or before one (1) year from City Council's adoption of this ordinance: All that certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "7.50' X 50.00' PORTION OF ALLEY TO BE CLOSED (375 S.F./0.009 AC.)" shown as the cross-hatched area on that certain plat entitled: "PLAT SHOWING PORTION OF 15' ALLEY ADJACENT TO LOT 22, BLOCK 22 CROATAN BEACH M.B. 24 P. 37 TO BE CLOSED VIRGINIA BEACH, VIRGINIA" Scale: 1"=20', dated SEPTEMBER 22, 2008, prepared by Gallup Surveyors & Engineers, LTD., a copy of which is attached hereto as Exhibit A. GPIN: 2426-39-5627-0000 1 III II 45 SECTION II 46 47 The following conditions must be met on or before one (1) year from City 48 Council's adoption of this ordinance: 49 50 1. The City Attorney's Office will make the final determination regarding 51 ownership of the underlying fee. The purchase price to be paid to the City shall be 52 determined according to the "Policy Regarding Purchase of City's Interest in Streets 53 Pursuant to Street Closures," approved by City Council. Copies of said policy are 54 available in the Planning Department. 55 56 2. The applicant shall resubdivide the property and vacate internal lot 57 lines to incorporate the closed area into the adjoining parcel. The resubdivision plat 58 must be submitted and approved for recordation prior to final street closure approval. 59 Said plat must include the dedication of a public drainage easement and the dedication 60 of a public utility easement over the closed portion of the alley to the City of Virginia 61 Beach, subject to the approval of the Department of Public Works and the Department 62 of Public Utilities, respectively, and the City Attorney's office, which easement shall 63 include a right of reasonable ingress and egress. 64 65 3. The applicant shall verify that no private utilities exist within the right-of- 66 way proposed for closure. Preliminary comments from the utility companies indicate 67 that there are no private utilities within the right-of-way proposed for closure. If private 68 utilities do exist, the applicant shall provide easements satisfactory to the utility 69 companies. 70 4. Closure of the right-of-way shall be contingent upon compliance with 71 the above stated conditions within one (1) year of approval by City Council. If all 72 conditions noted above are not in compliance and the final plat is not approved within 73 one (1) year of the City Council vote to close the street, this approval will be considered 74 null and void. 75 76 SECTION III 77 78 1. If the preceding conditions are not fulfilled on or before January 26, 79 2010, this Ordinance will be deemed null and void without further action by the City 80 Council. 81 82 2. If all conditions are met on or before January 26, 2010, the date of final 83 closure is the date the street closure ordinance is recorded by the City Attorney. 84 85 3. In the event the City of Virginia Beach has any interest in the 86 underlying fee, the City Manager or his designee is authorized to execute whatever 87 documents, if any, that may be requested to convey such interest, provided said 88 documents are approved by the City Attorney's Office. 2 III 'I I 89 SECTION IV 90 91 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 92 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 93 OF VIRGINIA BEACH as "Grantor" and LAWRENCE E. & JUNG Y. VALENTINE AND 94 CHARLES B. & DIANA SCHAFER, as "Grantee." 95 96 Adopted by the Council of the City of Virginia Beach, Virginia, on this 97 _23ih day of _.:Ianuar..y_, 2009. CA 10766 V :\upplications\citylawprod\cycom32\ WpdocslDO 13 \P0Q41000009 30.DOC R-1 January 13, 2009 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~ 3 III S 5 ~ :;..:.~ 7>QI5~ 1 ~ ~~ '!It \t i -e,\ , \~ tZ :~ .. ~ ~ ~ , a ~ " ~: 9~ a\ , ~ \ \ ~ ~ i~tt~\~.' \.\ \l'iS ~; ~ G ~~~~ %~ 'i ~ 'i.t) ~\~ 11 " 'i ~ ~ 'g '., ~ ~n: ~l s~ ~ ,. ~ \ N ~'4$'~'" W1.fJt. \0 'i~ \~ tOO. iiJ:; in ~ \~i I :1\ ~ ,. .;.. :; \\ t ~\ 1 \ . .""'~S ~ " lO,O\ /J9 ;c, .. ... ~~ CI\ i~ ~ ' It ~o: l~ '01. ~\ :,I. 'g .. , ~ ~ ~ ~~ \ 'O~ ;;>.. ,. ~ ~ ...0: 'O'#t ~ ;;.J.. ,. '!lr i_\ ~~'.i ~1~ .. ~ ~ .: ~ .. :i 0."'" - "" .tlfIO"",l <HOlI tHl~ 1 ~ ""il,, ;LlS1.l1)('3. I I - 58 - Item V-K.3. PLANNING ITEM # 58479 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of CHARLES EDWARD and AMY H. DRESCHER for Modification of Conditions (approved by City Council on June 23, 1980) at 1201 and 1209 Hill Road re relocation of the stem of the flag lotfor better access to the property: ORDINANCE UPON APPLICATION OF CHARLES EDWARD AND AMY H DRESCHER, RE MODIFICATION OF CONDITIONS OF A SUBDIVISION VARIANCE (APPROVED BY CITY COUNCIL ON JUNE 23,1980),1201 AND 1209 HILL ROAD. BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA Ordinance upon application of CHARLES ED WARD and AMY H. DRESCHER for Modification of Conditions of a Subdivision Variance (approved by City Council on June 23, 1980) at 1201 and 1209 Hill Road: GPIN 2418578871000 and 24185789690000. DISTRICT 5 - LYNNHAVEN. In 1980, City Council granted a Subdivision Variance to allow a minimum lot width of 15 feet for property at 1209 Hill Road and a minimum lot area of approximately 20,062 square feet for property located at 1201 Hill Road. That variance was conditioned to a specific plan, which depicted the stem of theflagfor the rear lot, Lot 1-B, on the eastern side offront lot, Lot 1-A. The applicant now requests relocation of the stem of the flag lot, Lot 1-B, from the eastern side of Lot 1-A to the western side of Lot 1-A. The request is for the convenience of the applicant for access to the lot. The following conditions shall be required: 1. The property shall be configured substantially as shown on the submitted plat entitled "Resubdivision of Property of Lot 1A & Lot 1B & Portion of Vacated Hill Road 'Lake Shore Park"', dated July 23,2008 by Hayden Frye and Associates, Inc. 2. A minimum 15-100t easement shall be maintained within the formally known Hill Road right- of-way identified on Map Book 141 and Page 40. This easement shall be unobstructed and well maintained to allow public access for individuals traveling to andfrom Crystal Lake. 3. Crusher run or other porous material approved by the Planning Department / Development Services Center shall be utilized within the driveway for proposed Lot 1 B-2. 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-seventh of January Two Thousand Nine January 27,2009 II - 59 - Item V-K.3. PLANNING ITEM # 58479 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 27, 2009 ~ II II - 60- Item V-KA. PLANNING ITEM # 58480 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of BARBARA IRVING for a Conditional Use Permit re a residential kennel for Shih Tzu dogs at 5568 Forestview Drive: ORDINANCE UPON APPLICATION OF BARBARA IRVING FOR A CONDITIONAL USE PERMIT (RESIDENTIAL KENNEL) FOR SHIH TZU DOGSAT 5568 FORESTVIEW DRIVE. ROI0935313 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of BARBARA IRVING for a Conditional Use Permit (residential kennel) for Shih Tzu dogs at 5568 Forestview Drive. GPIN: 14693614170000. DISTRICT 4 - BAYSIDE The following conditions shall be required: 1. No more than six (6) adult dogs (over six (6) months of age) shall be kept on the property at any time. 2. To protect the water quality of the adjacent Little Creek Reservoir, dog waste shall be picked up and disposed of on a daily basis. 3. The applicant shall maintain the dogs in a current status on any required shots and shall properly license the dogs through the City of Virginia Beach. 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-seventh of January Two Thousand Nine January 27,2009 III II - 61 - Item V-K4. PLANNING ITEM # 58480 Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 27,2009 I, I, III I I - 62 - Item V-K.5. PLANNING ITEM # 58481 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of BARTON HERITAGE L.L.e. for a Conditional Use Permit re motor vehicle rentals ( low speed vehicles) at 665 Sandbridge Road: ORDINANCE UPON APPLICATION OF BARTON HERITAGE L.L.e. FOR A CONDITIONAL USE PERMIT RE MOTOR VEHICLE RENTALS ( LOW SPEED VEHICLES) AT 665 SANDBRIDGE ROAD R010935314 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of BARTON HERITAGE L.L.e. for a Conditional Use Permit re motor vehicle rentals ( low speed vehicles) at 665 Sandbridge Road; GPIN: 24246036340000 DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. A final site plan shall be submitted to the Development Services Center of the Planning Department that addresses applicable requirements of the Site Plan Ordinance and the conditions below. 2. Streetscape landscaping, as described in the Landscaping Guide, City of Virginia Beach, December 2002, shall be installed along the parking lot/display area adjacent to Sandbridge Road. Landscapingfor the winter storage area shall be installed along the length of the storage area, other than apathfor ingress/egress. Landscape screeningfor the winter storage area may be large potted plants. All details of the landscaping shall be depicted on the final site plan. 3. The motor vehicle rental on this site shall be limited to no more than 30 low speed vehicles (LSV). 4. The LSV shall be parked only in areas designated as "Proposed Areafor Static Display" and "Proposed Area for Winter Storage" as depicted on the plan entitled, "Barton Heritage, LLC, T/A Sandbridge Beach Buggies. Applicationfor Conditional Use Permit. "Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 5. There shall be no display of any vehicles in the public right-of-way. Vehicles shall not be displayed on raised plaiforms anywhere on the site, nor shall any portion of the ground level of the site be raised for the purpose of increasing the height of a vehicle for display purposes. 6. There shall be no outside storage of parts or equipment. 7. There shall be no repair of any vehicles (beyond maintenance activity) on the premises. January 27,2009 III ill - 63 - Item V-K.5. PLANNING ITEM # 58481 (Continued) 8. Any exterior modifications, other than paint and roof work, to any of the existing buildings that will house the proposed office or other activities for this use, including awnings and signage, shall be submitted to the Current Planning Division of the Department of Planning for approval prior to construction. 9. The proposed office structure shall be brought into compliance with the current edition of the Virginia Uniform Statewide Building Code for non-residential buildings. A Certificate of Occupancy shall be obtained for the proposed office and the parking lot, from the Building Official's Office, prior to issuance of the final occupancy and the issuance of the business license to operate the LSV rental business. 10. All renters of the LSV shall sign a "disclosure statement" that includes an acknowledgement that all applicable laws of the Commonwealth of Virginia and the City of Virginia Beach for motor vehicles apply to these low speed vehicles including, but not limited to, parking, seat belt use, licensure and permitted use areas (on roads less than 35 mph, no off road). Said disclosure shall also state that, just as with any other motor vehicles, failure to obey these laws and regulations will result in enforcement by the Police Department. A copy of the statement shall be submitted to the Planning Department during final site plan review by City Staff, including the Police Department, for comments. The language within the statement shall be approved by City Staff prior to the approval of the final site plan. 11. A copy of the renter's valid, current driver's license shall be kept on file in the business office of the applicant as a means of validating that the operator(s) of the LSV does indeed have a driver's license. 12. No off-road use shall be permitted on beaches or dunes or other environmentally sensitive areas or other areas restricted from motor vehicle use. 13. All signage on the site shall conform to all applicable Zoning Ordinance requirements. 14. The approval shall be grantedfor one (1) year at which time the Zoning Administrator shall confer with the Police Department to determine if the Conditional Use Permit should be administratively granted for an additional year. This review shall continue on a yearly basis to ensure that the LSVare not an inconvenience to the public or are an enforcement issue with the Police Department. 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-seventh of January Two Thuusand Nine January 27, 2009 III I I - 64- Item V-K.5. PLANNING ITEM # 58481 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 27, 2009 : II II - 65 - Item V-K.6. PLANNING ITEM # 58482 Attorney R. E. Bourdon, Pembroke Office Park, Building 1, 281 Independence Boulevard, Phone: 499- 8971, represented the applicant and advised the applicant has had a "change of heart" re the plan. The applicant now proposes a 50-foot buffer along Princess Anne Road which matches the P RINCESSBORO Company Buffer to the North on their plan and widen the buffer twenty {20,)feetfor the "loop road" and reduce the parking from 139 to 135 spaces. Reduced even more, they will add greenspace to the parking lot. The buildingfootprint is 1180 square feet larger than the one previously recommendedfor approval and has been elongated with a narrower building. As these are significant changes, the applicant requests DEFERRAL and will concur with referring to the Planning Commission for review if that is City Council's preference. Upon motion by Council Lady Henley, seconded by Councilman Uhrin, City Council REFERRED BACK TO PLANNING COMMISSION'S MARCH AGENDA: Ordinance upon application of GATEWAY ENTERPRISES, L.L.C.for a Conditional Change of Zoning at 2084 Princess Anne Road: ORDINANCE UPON APPLICATION OF GATEWAY ENTERPRISES, L.L.C., CHANGE OF ZONING DISTRICT CLASSIFICATION. AG-2 AGRICULTURAL DISTRICT TO CONDITIONAL 0-2 OFFICE DISTRICT, 2084 PRINCESS ANNE ROAD Ordinance upon application of GA TEW A Y ENTERPRISES, L.L. C. for a Conditional Change of Zoning District Classification AG-2 Agricultural District to Conditional 0-2 Office District, 2084 Princess Anne Road; GPIN: 24141197050000. DISTRICT 7 -PRINCESS ANNE Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 27, 2009 III II - 66- Item V-K.7. PLANNING ITEM # 58483 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED TO FEBRUARY 24, 2009, Ordinance upon application of PRINCESSBORO COMPANY, INC. for a Change of Zoning District Classification from AG-1 Agricultural District to Conditional 0-2 Office and Conditional B-2 Community Business District: ORDINANCE UPON APPLICATION OF P RINCESSBORO COMPANY, INC., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION, AG-1 AGRICULTURAL DISTRICT TO CONDITIONAL 0-2 OFFICE AND CONDITIONAL B-2 COMMUNITY BUSINESS DISTRICT. Ordinance upon application of PRINCESSBORO COMPANY, INC., for a Chanze ofZoninz District Classification, AG-1 Agricultural District to Conditional 0-2 Office and Conditional B-2 Community Business District. On the East side of Princess Anne Road, approximately 600 feet South of Sandbridge Road (GPINs 2414213872; 2414315138 - part oj). DISTRICT 7 - PRINCESS ANNE. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 27,2009 ill Item V-L.1. APPOINTMENTS - 67 - ITEM # 58484 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: ARTS AND HUMANITIES COMMISSION BIKEWA YS/TRAILS ADVISORY COMMISSION COMMUNITY SERVICES BOARD HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL PERSONNEL BOARD II January 27,2009 III III - 68 - ITEM # 58485 Mayor William D. Sessoms, Jr. 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: PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition, or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711 (A)(3). Acquisition/Disposition of City Property: Convention Center Hotel LEGAL MATTERS: Consultation with legal counsel and 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 such counsel pursuant to Section 2.2-3711 (A)(7). Proposed Holland Creek development Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION at 6:15 P.M. Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None (Closed Session: 6:15 P.M. - 6:40 P.M.) January 27,2009 III II - 69- CERTIFICATION ITEM # 58486 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfullyexemptfrom Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 27, 2009 III 'II 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 #58485, Page 68, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOfY, 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. ~If~.~ th Hodges Fraser, MMC City Clerk January 27,2009 , II II - 70 - Item V. O. ADJOURNMENT ITEM # 58487 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:42 P.M. 03~___t1~_7~t1~ Beverly 0. Hooks, CMC Chief Deputy City Clerk Q~ ~HOdgeS Fraser, MMC City Clerk William D. Sessoms, Jr. Mayor City of Virginia Beach Virginia January 27,2009 "I - 70- Item V. O. ADJOURNMENT ITEM # 58487 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:42 P.M. t:2~~__~=__E~~~ Beverly 0. Hooks, CMC Chief Deputy City Clerk Q~ ~!7;~~s Fraser, MMC City Clerk William D. Sessoms, Jr. Mayor City of Virginia Beach Virginia January 27, 2009 - 70- Item V. O. ADJOURNMENT ITEM # 58487 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:42 P.M. q~~__~=__&!L"aJ Beverly 0. Hooks, CMC Chief Deputy City Clerk C2~ ~~~s Fraser, MMC City Clerk William D. Sessoms, Jr. Mayor City of Virginia Beach Virginia January 27, 2009