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Home My WebLink AboutJUNE 8, 2010 MINUTESCITY OF VIRGINIA BEACH. "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR Wll,l.lA.M I) SYi,1:~YL4f.1', ./K-, .ahJ.ar~r V/CE MAYOR LOI Y.~ !t JU;bI:S. ltu~~ictr lh,~iri~i a R/TA SWEEl'BIiLI.l77Y), Ali-LurKr GLENN R. DAV'/S, I(nse Hall - /)rairiri 3 WILLIAM R. DeSl7~ PH. Ai~d.urQr HARRY E. D/li7_!s/., Krnyzcv~Nr - /)i.ciriw 2 ROBERT M. DYli12, i'mverville~-lh.vinr~ l BARBARA M. HENLEY, Princes. Annr lhrn~icl JOHN E. UHRIN, Ifruch l)icn~ici h ROSEMARY WILSON, Ai-Lar);e .TAMEST.. WOUI), I pnnharrn -l)icrnrl5 CITY COUNCIL APPOINTEF,S C/77MANA(>liR ./,1:141i~'k'..~'PURE C/TYA7TORNIiY 119/2K 1). ,1'7/l.li~ C/TYASSF.SSOR .Nal.-I/,/)/3.1NAi~A,N CITYAI/D/7YJR l )',vl)UV.ti' RL:41/,L~ C/TYCLh.'RK RC/~/! 1/Olx;l:,~' /~ILl.SEIt, 11.4/(' CITY COUNCIL AGENDA os .TUNE Zolo I. CITY MANAGER'S BRIEFINGS: -Conference Room- A. MODIFICATION OF "TEEN ORDINANCES Deputy Chief Cervera, Police Department B. APZ-1 PROGRAM Rebecca Kubin, Deputy City Attorney C. WINTERBERRY LANE ENCROACHMENT James Lawson, City Real F,state Agent II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA Ri';VIEW V. INFORMAL SESSION -Conference Room - A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CI'T'Y COUNCIL. CITY HAGL BUILDING 240/ COURTHOUSE DRIVE 6"IRGINIA BE,9CH, 6'/RGINIA 23456-8005 PHONE: (757J 385-4303 FAX (757) 385-5669 E- MAIL: Crycncl@vbgov.com 3:00 PM 4:30 PM C. RF,CF.SS 'I'O CLOSED SESSION VI. FORMAL SESSION -City Council Chamber - 6:00 PM II A. CALL TO ORDER -Mayor William D. Sessoms, .1r. B. INVOCATION: Chaplain Susan Forehand Virginia Beach Police Department C. PLEDGE OF ALLEGIANCE TO THI: FLAG OF THE UNITED STA"TES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL F,. CF,RTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS May 25, 2010 G. FORMAL. SESSION AGENDA H. PUBLIC HEARINGS I . OPENING OF BID -Wireless "Telecommunications Facilities 1900 Sandbridge Road 2. GRANT OF EASI?MF,N"T - Virginia Electric and Power Company Town of Windsor, Isle of Wight County 3. AMENDMENT' to CITY CODE SECTIONS 30-58 and 30-59 Erosion and Sediment Control Ordinance I. CONSENT AGENllA J. ORDINANCF,S/RESOLUTION 1. Ordinances to AMEND and REORDAIN the City Code: a. § 30-58 and §30-59 re erosion and sediment control site stabilization b. § 6-117 and §6-118 re water skiing and surfboarding 2, Ordinance to AUTHORI7.F, temporary encroachments into a portion of the City-owned right-of--way, known as 24`" Street and Atlantic Avenue, by Walgreen Co. to construct and maintain an underground conduit/cable DIS"I'RIC"I' 6 -BEACH Ordinance to AUTHORIZE, encroachments across a portion of a City utility easement and an easement over City-owned property, (Lake Gaston), each in Isle of Wight County by Virginia Electric and Power Company to maintain an overhead transmission line crossing; and, AUTHORIZE the City Manager to execute the necessary documents 4. Ordinance to ACCEPT and APPROPRIA"TF, $1,047,900 of the Cooperative Agreement Grant from the i1.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA), for the FY 2009-10/2010-I l Budget of the Fire Department re continued operation of the Virginia Task Force 2 Urban Search and Rescue Team Ordinance to ESTABLISH the Chesapeake F3each Sand Study Capital Project and to TRANSFF,R $150,000 to the General Fund Reserve for Contingencies to fund the study Ordinance to AMEND City Code Section 23.50 re weeds or grass deferred to June 8 is now rescheuled K. PLANNING Application of the VIRGINIA BEACH CITY PUBLIC SCHOOLS/WEST NECK, LLC, for a Change of lonin~ District Classification from R-IO Residential District to AG-1 Agricultural District at 2657 West Neck and North Landing Roads to construct a new high school that will replace the existing Kellam High School located on Holland Road. DIS"fRIC'T 7 - PRINCI?SS ANNE RECOMMENDATION APPROVAL Application of TOMMIE C. HERRING/THE RUNNYMEDE CORPORATION for a Conditional iJse Permit to convert a retail facility into a church at 120 South Plaza Trail. DISTKICT 3 -ROSE HALL RI?COMMENllA"TION APPROVAL Application of HARVEST OUTREACH MINISTRIES, INC. for Modification of Conditions 1 and 2 (approved by City Council on March 25, 2008) for a church at 3312 llam Neck Road llIS"1RIC`h 7 -PRINCESS ANNE DEFERRED RECOMMENDATION MAY 25, 2010 APPROVAL 4. Application of NEW LIFE PRESBYTERIAN CHURCH for Modification to extend Condition 4 (approved by City Council on November 12, 2002) at 3312 Dam Neck Road to allow for the use of a modular unit not to exceed an additional five (5) years from the date of this approval. DISTRICT 3 - ROSE, HALI. RI~:COMMI:NI)ATION APPROVAL S. Application of DML DESIGNS, LLC T/A GODSPEED TATTOO/JETTELLIS, I1LC, for a Conditional Use Permit re a tattoo parlor at 3795 Bonney Road. vISTRICI' 3 - KOSE HALL RF,COMMENDATION APPROVAL 6. Application of URBAN-X-CHANGE II INC. -MATTHEW HUTCHINSON/ LYNNHAVEN CROSSING for a Conditional Use Permit re a tattoo, permanent make-up and body piercing establishment at 829 Lynnhaven Parkway. DIS'hRIC"T 3 - ROSE. HAI,1. RI~.COMMF,NDATION L. APPOINrI'MF,N1'S BEACHES and WATERWAYS COMMISSION PARKS and RF.,CREATION SOCIAL SF,RVICES BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT Pi1BLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ~C K ~C X ~ X Jti 'fC :~ X .. 06/08/2 01 APPROVAL www.vb~ov.com MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 8, 2010 Mayor William D. Sessoms, Jr., called to order the CITY MANAGER'S BRIEFING to present the MODIFICATION OF TEEN ORDINANCES in the City Council Conference Room, Tuesday, May 25, 2010, at 4: 00 P.M. Council Members Present: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Coarncil Members Absent: Harry E. Diezel [Entered: beginning of Closed Session: 3:40 P.M.J June 8, 2010 -2- CITY MANAGER `S BRIEFING MODIFICATION OF TEEN ORDINANCES 3:00 P.M. ITEM # 60012 The City Manager introduced Deputy Chief James A. Cervera to present necessary changes in the Dance Hall/Teen Events [Commercial) proposed Ordinance: PROBLEM STATEMENT • Large crowds -mainly teens • Target audience is 15-20 years old • Security is lacking • Promoters are not often present • Lost tax revenue • Teen events not currently regulated Cost of service is rising each time these events take place and many times with violent activity TEEN EVENTS -POLICE ACTIVITY Beach House,l7`h Street - January 2005 Philippine Cultural Center, Baxter Road 2008 Knights of Columbus, Prosperity Road 2009 At The Hop, Sonic Drive 2009 The Jungle Gym, Dean Drive August 2009 Magic Moments, Great Neck Road August 2009 January 2010 Body Works, S. Boggs Avenue April 2010 _---' ", .~-af.--- >_ TARGETING TEENS High School ages Late night events -curfew June 8, 2010 -3- CITY MANAGER `S BRIEFING MODIFICATION OF TEEN ORDINANCES ITEM # 60012 (Continued) The flyers depicted target teenagers. As they are open until 2: 00 A.M., curfew is violated. _..,--- - ~~--~- -=- ~ 1 ~ ~` TARGETING TEENS: ~ ~,,~} ~~t~! ,`T ~' ` .~~`~1 f:s I ~ . ` ~ ~) . ~r I ~ r, _ _~ ~ ~' ~ , ~ ~~ tt ~ ~ Note... "~5~ &:.~ J Exceeds cu~~ } 5 b UP 7p p,~R-ry yam. .~~.~ TARGETING TEENS CURFEW June 8, 2010 -4- CITY MANAGER `S BRIEFING MODIFICATION OF TEEN ORDINANCES ITEM # 60012 (Continued) ^~; ___ ---~' CURFEW Targets high school seudE SIGNIFICENT ISSUES • Overcrowding • Restroom facilities • Parking • Security • Certificate of Occupancy • Lack of business license CURRENT ORDINANCE • Does not regulate commercial teen themed events • Limited regulation or oversight of promoters • Difficult to identify and control unsafe conditions PROPOSED NEW ORDINANCE • Definitions clarified • Permit now required and process standardized • Approval from City agencies required • Security requirements defined • Alcohol prohibited • Curfew law considerations June 8, 2010 -5- CITY MANAGER `S BRIEFING MODIFICATION OF TEEN ORDINANCES ITEM # 60012 (Continued) REVENUE IMPACT • Business license and permit fees required • Each event generates varying tax revenues PERMIT PROCESS • Full disclosure in advance • Inspection immediately before event -health and fire • Proof of liability insurance • Security -based on occupancy PENALTIES • Class 3 Misdemeanor as per Ordinance ($S00 fine) • Permit may be immediately revoked when hazardous conditions cannot be remedied EXEMPTIONS The proposed Ordinance exempts any event sponsored by a school, religious use or government entity PUBLIC INPUT • Solicit input from external stakeholders • Direct mailing (Feb 8, 2010) • Web site (posted Feb 8 - 28, 2010) • City Council presentation • City Council public comment • City Council action CONCLUSION • Public Safety concerns identified • Voluntary compliance desired • Ordinance revision necessary to ensure safety As there is no charge "at the door"for a family "sweet sixteen" birthday, no permit is required The promoters of these events are not known. This Ordinance is scheduled for the Fourth Meeting Tuesday (June 22, 2010), so the public has two (2) weeks to provide comments. Concerns can be addressed and the Ordinance placed on the Police Website by tomorrow (June 9, 2010). June 8, 2010 -6- CITY MANAGER `S BRIEFING APZ-I PROGRAM 3:18 P.M. ITEM # 60013 Deputy City Attorney Rebecca D. Kubin presented information re the proposed Revision to APZ- 1/CLEAR ZONE USE and ACQUISITION PLAN. Background • APZ-1 Use and Acquisition Plan Guiding document to determine properties that qualify for purchase Approved by City Council December 20, 2005, as part of BRAC response Initially allowed only acquisition of APZ-1 properties: • Qualifying duplex properties: Single family home on lot zoned for duplex/multifamily • Vacant, residential-zoned property • Commercial properties in certain circumstances • Acquisition Plan was amended in 2006 and 2007 to allow acquisition of Clear Zone: vacant residential, qualifying duplexes, and commercial properties in the Clear Zone "Vested" Developments: Properties whose owners had vested rights to develop with incompatible uses in APZ-1 and CZ Developed Duplexes in APZ-1 and CZ • To allow for roll-back of incompatible properties without "swiss-cheesing"the residential neighborhoods Creation of Master Plan for APZ-1 • Master Plan adopted April 1, 2008, as amendment to Comprehensive Plan • Master Plan designates areas in APZ-1 Non-residential Residential (established neighborhoods) Open Space Transitional Transportation Transitional and Transportation • Transitional Residential and undeveloped areas that are adjacent to major arterials, planned transportation improvements or surrounded by existing non-residential uses • Transportation Properties impacted by planned transportation improvements, e.g., First Colonial Road/Virginia Beach Blvd. Intersection; Southeastern Parkway and Greeenbelt; 1- 264 Great Neck Ramp Interchange June 8, 2010 -~- CITY MANAGER `S BRIEFING APZ-1 PROGRAM ITEM # 60013 (Continued) Proposed Revision to APZ-1/Clear Zone Use and Acquisition Plan to Reflect APZ-1 Master Plan Designations • Clear Zone • APZ-1 Master Plan Transportation Areas • APZ-1 Master Plan Transitional Areas Proposed Revision -Clear Zone • All developed Clear Zone properties Virtually all structures are incompatible in the Clear Zone Current APZ-1/CZ Use and Acquisition Plan does not permit acquisition of developed homes on single family zoned lots or developed non-residential, even in the Clear Zone Depictions of Study Area A and B encompassing Proposed Southeastern Parkway Alignment were displayed depicting the clear zone. There is very little privately owned Clear Zone. • There are not many developed, privately owned properties in the Clear Zone that do not already qualify for acquisition: 1 S parcels remaining 8 with zoning B-2, R-10, I-1 • Would allow the City to clear the Clear Zone, if owners are willing to sell Proposed Revision: APZ-1 Master Plan Transportation Areas • Area to be added: All properties developed with incompatible uses within the APZ-1 Master Plan Transportation Areas Current APZ-1 Use & Acquisition Plan does not permit acquisition of developed homes on single family zoned or commercial-zoned lots Revision would allow acquisition of single family homes in transportation areas, regardless of zoning There are approximately 25 lots in these areas that would be newly qualified for acquisition Depictions of property owned by the City as of September 2009, with Study Area A and B (encompassing proposed Southeastern Parkway Alignment) were displayed New Proposed Revision: APZ-1 Master Plan Transitional Areas • The APZ-1 Master Plan identifies areas that are currently residential but that are appropriate to transition to compatible uses • These areas are residential neighborhoods that are not "established residential neighborhoods" • Many properties in these areas already qualify for acquisition, but many do not • Revising the program would make approximately 11 S lots newly qualified for acquisition: Zoning R-7.5, R-10, R-SS, B-2, I-1 June 8, 2010 -8- CITY MANAGER `S BRIEFING APZ-1 PROGRAM ITEM # 60013 (Continued) CIIMMA R Y Proposed Amendment To APZ-1/CZAcquisition Plan Zoning of lots proposed to be allowed to be acquired Number of Lots (approximate) Clear Zone An zonin B-2, RS-S, R-10, I-1 8 APZ-1 Master Plan Trans ortation Areas R-SS, R-10, B-2 residential use 25 APZ-1 Master Plan Transition Areas R-SS, R-10, R-7. S, B-2, I-1 residential use 11 S Total 148 Oceana Land Use Conformity Committee • Discussed at Oceana Land Use Conformity Committee (OL UCC) April 12, 2010 • OL UCC recommended expanding acquisition program to include properties in all three proposed areas: Clear Zone APZ-1 Master Plan Transportation Areas APZ-1 Master Plan Transitional Areas The Staff seeks City Council approval to AMEND the APZ-1/Clear Zone Use and Acquisition Plan with Formal action on June 22, 2010 Status of APZ-1 Funds • Fiscal Year July 1-June 30 • Graut runs for two years beyond fiscal year • Funds must be expended by June 30, 2012 APZ-1/Clear Zone Funding FY'07, FY'08, FY'09, FY'10 $ 60,000,000 Less funds for APZ-1/CZ properties: acquired/ written agreements/ verbal agreements (-$46,023,422) Less funds for ITA properties purchased with APZ-1 funds: acquired/written agreement (-$ 9,392,741) Approximated for expenses, marketing, economic development incentives (-$ 2,800,000) Remaining funds =$1, 783,837 Outstanding offers (-$3,601,300) Balance if outstanding offers accepted (-$1,817,463) The Navy is supportive. June 8, 2010 -9- CITY MANAGER `S BRIEFING WINTERBERRYLANE ENCROACHMENT ITEM # 60014 The Briefing re Winterberry Lane Encroachment was CANCELLED by the City Manager. There were last minute changes. The Briefing shall be RESCHEDULED at a later date. June 8, 2010 -10- CITY COUNCIL LIAISONREPORTS 3:31 P.M. ITEM # 6001 S ATLANTIC WILDFOWL HERITAGE MUSEUM Council Lady Henley advised she attended the Atlantic Wildfowl Guild meeting last night. Although, not a Liaison, she is a supporter. The Atlantic Wildfowl Heritage Museum manages the DeWitt Cottage. They are most appreciative of the fact their funding remained in tack. Council Lady Henley referenced the article re outstanding boardwalks encompassing a list of eleven (11) which includes the City of Virginia Beach. The article also mentions the Atlantic Wildfowl Heritage Museum as one of the amenities. For a nominal amount of funds, the DeWitt Cottage is being very well managed and is a great asset. A public- private partnership with the historical facilities really "works ". ITEM # 60016 VIRGINIA AQUARIUM and MARINE SCIENCE CENTER Council Members DeSteph and Wood, Liaisons to the Virginia Aquarium and Marine Science Center.• Aquarium ONLYattendance increased 17.8% for the month of May. Total Aquarium attendance (Aquarium Only + Aquarium/IMAX Combo) increased 4.4%. Total Aquarium and IMAX attendance increased 3.4 % for the month of May. May 2010 earned Revenue (from admissions, IMAX, membership and store sales) increased 28% (or $141,643) over last May: May 2010: $644,110, May 2009: $502,467 The two (2) Aquarium stores have hit $1-Million in sales already for the fiscal year. May is not yet reconciled, so these numbers are tentative. The limited marketing budget has been focused on the Restless Planet this year, not IMAX. A radio ad campaign is planned for mid-June. Memberships have increased over 6,000, the most in four (4) years. June 8, 2010 -11- CITY COUNCIL COMMENTS 3:35 P.M. ITEM # 60017 Councilman DeSteph advised thirty-seven (37) total repeat applications were reviewed under the Veterans Day Regional Site. Therefore, there will be a Veterans Regional Site for Veterans Day, November Eleventh, again this year. ITEM # 60018 Council Lady Wilson referenced the success of the Virginia Beach Patriotic Festival. Virginia Beach, the largest resort city on the East Coast, hosted the Patriotic Festival - A Military Celebration to honor our armed forces personnel and their families (June 4 - 6, 2010). Mayor Sessoms welcomed the participants of the 2010 Warrior Pride Ride (350 mile ride). This was the Wounded Warrior Bicycle Ride. Council Lady Wilson advised one participant had no arms or legs, but rode 350 miles. ITEM # 60019 Council Lady Henley referenced receipt of e-mails concerning an issue at Southgate. Southgate is a community on Princess Anne Road between the Municipal Center and Nimmo Church. It is an area very much impacted by the extreme traffic on Princess Anne Road, which is hoped to be cured by the Nimmo Parkway (however, it will be at least four (4) years before it is built). When that neighborhood was built, it had two (2) accesses onto Princess Anne Road, one which is a right-turn only and one which would be a "left and right ". It was also constructed with two (2) accesses onto Seaboard Road. When Southgate war opened in the 1980's, Seaboard Road was more like a "lane " with an extremely bad 90 degree sharp curve, just on the other side of Princess Anne Road entering that section of Seaboard. Of course, there was no traffic light. When Southgate opened and those accesses were utilized, it was a "disaster" for Southgate and Seaboard Road residents. Those two (2) accesses, one at Huckleberry and one at Smokehouse onto Seaboard, were barricaded. Since that time, this section of Seaboard has been somewhat improved. Princess Anne Woods was constructed, as well as a number of new homes built along Seaboard. Therefore, the road has been somewhat upgraded. The 90 degree turn has been softened and there is now a traffic light at Princess Anne Road. However, this is still not a good road. There are no sidewalks, and ditches are on both sides. Nimmo was going to be in construction last Fall. However, in last year's Budget, the funds were moved from that project to another project in another District. That section of Seaboard would be improved to coincide with Nimmo Parkway being built, which now is set to be bid July 1, 2011. However, construction will be approximately three (3) years out. The Seaboard project was all City funding. In the meantime, Southgate, instead of having the two (2) accesses on Seaboard, the whole neighborhood has access just off Princess Anne giving it just one left turn out onto Princess Anne. It is very difficult to make this left turn. In addition to the heavy traffic on Princess Anne Road, there is a U-turn movement that they have to watch out for because of the Lutheran Church. Council Lady Henley gave an accident report. There are already five (S) accidents this year. The Community Homeowners Association has performed a survey among their membership asking if one of these barricades could be opened on Seaboard Road for the citizens to utilize. Council Lady Henley requested the Staff and Police, in conjunction with the Southgate neighborhood, confer re additional traffic arising. The City Manager advised the Virginia Department of Transportation (VDOT) has been very cooperative concerning this road being built quicker. A meeting was conducted last Tuesday. June 8, 2010 -12- AGENDA REVIEW SESSION 3:48 P.M. Item # 60020 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: J. ORDINANCES/RESOLUTION Ordinances to AMEND and REORDAIN the City Code: a. ~ 30-58 and X30-59 re erosion and sediment control site stabilization b. ,~ 6-117 and ~6-118 re water skiing and surfboarding 2. Ordinance to AUTHORIZE temporary encroachments into a portion of the City- owned right-of--way, known as 24`" Street and Atlantic Avenue, by Walgreen Co. to construct and maintain an underground conduit/cable DISTRICT 6 -BEACH 3. Ordinance to AUTHORIZE encroachments across a portion of a City utility easement and an easement over City-owned property, (Lake Gaston), each in Isle of Wight County by Virginia Electric and Power Company to maintain an overhead transmission line crossing; and, AUTHORIZE the City Manager to execute the necessary documents 4. Ordinance to ACCEPT and APPROPRIATE $1, 047, 900 of the Cooperative Agreement Grant from the U. S. Department of Homeland Security, Federal Emergency Management Agency (FEMA), for the FY 2009-10/2010-11 Budget of the Fire Department re continued operation of the Virginia Task Force 2 Urban Search and Rescue Team S. Ordinance to ESTABLISH the Chesapeake Beach Sand Study Capital Project and to TRANSFER $1 S0, 000 to the General Fund Reserve for Contingencies to fund the study Items 1.6 (~ 6-117 and ~¢6-118 re water skiing and surfboarding) shall be DEFERRED, BY CONSENT, until the City Council Session of June 22, 2010. Item 2. (AUTHORIZE temporary encroachments by Walgreen Co.) shall be DEFERRED INDEFINITELY, BY CONSENT. June 8, 2010 -13- AGENDA REVIEW SESSION ITEM # 60021 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: K. PLANNING Application of the VIRGINIA BEACH CITY PUBLIC SCHOOLS/WEST NECK, LLC, fora Change o Zoning District Classi ication from R-10 Residential District to AG-1 Agricultural District at 2657 West Neck and North Landing Roads to construct a new high school that will replace the existing Kellam High School located on Holland Road. DISTRICT 7 -PRINCESS ANNE 2. Application of TOMMIE C. HERRING/THE RUNNYMEDE CORPORATION for a Conditional Use Permit to convert a retail facility into a church at 120 South Plaza Trail. DISTRICT 3 -ROSE HALL 3. Application of HARVEST OUTREACH MINISTRIES, INC. for Modification of Conditions 1 and 2 (approved by City Council on March 25, 2008) for a church at 3312 Dam Neck Road DISTRICT 7 -PRINCESS ANNE 4. Application of NEW LIFE PRESBYTERIAN CHURCH for Mod cation to extend Condition 4 (approved by City Council on November 12, 2002) at 3312 Dam Neck Road to allow for the use of a modular unit not to exceed an additional five (S) years from the date of this approval. DISTRICT 3 -ROSE HALL S. Application of DML DESIGNS, LLC T/A GODSPEED TATTOO/JETTELLIS, LLC, for a Conditional Use Permit re a tattoo parlor at 3795 Bonney Road. DISTRICT 3 -ROSE HALL 6. Application of URBAN-X-CHANGE II INC. -MATTHEW HUTCHINSON/ LYNNHAVEN CROSSING for a Conditional Use Permit re a tattoo, permanent make-up and body piercing establishment at 829 Lynnhaven Parkway. DISTRICT 3 -ROSE HALL Item K. 3. (Harvest Outreach Ministries, Inc) shall be CONDITIONED, AS AMENDED, BY CONSENT). Item K.S. (DML DESIGNS, LLC T/A GODSPEED TATTOO/JETTELLIS, LLC) shall be DEFERRED, BY CONSENT, until the City Council Session of June 22, 2010. June 8, 2010 -14- ITEM # 60022 Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(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 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: Beach District Upon motion by Councilman Uhrin, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION at 3: SS P.M. Voting: 10-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel [Entered: beginning of Closed Session: 3:40 P.M.J (Closed Session: 3:35 P.M. - 4:40 P.M.) (Dinner: 4:40 P.M. - S: SO P.M.) June 8, 2010 -15- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL June 8, 2010 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, June 8, 2010, at 6: 00 P.M. Council Members Present: Rita Sweet Bellitto, 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, Rosemary Wilson and James L. Wood. Council Members Absent: None INVOCATION: Chaplain Susan Forehand Virginia Beach Police Department PLEDGE OFALLEGIANCE TO THE FLAG OF THE UNITED STATES OFAMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is his practice to thoroughly review each City Council agenda to ident~ any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal interest ", as defrned by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. June 8, 2010 -16- 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 ident~ing 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 off cial records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 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 Confict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of ident~ing any matters in which she might have an actual or potential confict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson 's letter of January 27, 2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Confict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of ident~ing any matters in which she might have an actual or potential confict. 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. June 8, 2010 -17- Item V--E.1 CERTIFICATION ITEM # 60023 Upon motion by Councilman Dyer, seconded by Councilman Diezel, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE 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: Rita Sweet Bellitto, 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None June 8, 2010 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 #60022, Page 14, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section Z.Z-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ~' uth~ Hodges Fraser, MMC City Clerk June 8, 2010 -18- Item V-F.1 ITEM # 60024 Upon motion by Councilman Uhrin, seconded by Council Lady Wilson, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of May 25, 2010. Voting: 11-0 Council Members Voting Aye: Rita Sweet Bellitto, 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 8, 2010 -19- Item V-G.1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 60025 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION June 8, 2010 -20- RECOGNITION ITEM # 60026 Mayor Sessoms RECOGNIZED: 2010 Recipient ICMA CAREER EXCELLENCE AWARD: James K. Spore City Manager This award for Career Excellence in honor of Mark E. Keane celebrates the value of professional management. An independent awards evaluation panel of seventeen (17) United States and International ICMA Members select each year's award recipient. 2010 Annual Award Recipients will be announced and recognized in San Jose', California, during ICMA'S Annual Conference, October 17 - 20, 2010. June 8, 2010 -2i - Item V-H.1. OPENING OF BID WIRELESS TELECOMMUNICATIONS FACILITIES ITEM # 60027 Mayor Sessoms announced a Public Bid Opening re Lease of City Property located at 1900 Sandbridge Road (Red Mills Farm Park) for use as a communications tower site. Mayor Sessoms advised: "Pursuant to Virginia Code Section 15.2-2102, the Chair will now summarize the bids that have been received for a proposed lease of a portion of City property located at 1900 Sandbridge Road (Red Mill Farms Park) for use as a communications tower site. One bid has been received, as follows: Cingular Wireless PCS, LLC has bid: Base rent: $13, 000 per year Additional rent: $ 5,400 per year for each co-locator Annual increase: 3% Are there any other persons desiring to submit a bid at this time? " There being no further bids, the bidding closed. The staff will evaluate the bid that has been received and make its recommendations to the City Council concerning the proposed lease at a future meeting. June 8, 2010 -22- Item U H.2. PUBLIC HEARING ITEM # 60028 Mayor Sessoms DECLARED A PUBLIC HEARING: GRANT OF EASEMENT -Virginia Electric and Power Company Town of Windsor, Isle of Wight County There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING June 8, 2010 - 23 - Item V-H.3. PUBLIC HEARING ITEM # 60029 Mayor Sessoms DECLARED A PUBLIC HEARING: AMENDMENT to CITY CODE SECTIONS 30-SS and 30-59 Erosion and Sediment Control Ordinance There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING June 8, 2010 -24- Item J. ORDINANCES/RESOLUTION ITEM # 60030 Upon motion by Vice Mayor Jones, seconded by Council Lady Henley, City Council APPROVED in ONE MOTION Items J.la, Ib (DEFERRED), Z (DEFERRED), 3, 4 and S of the CONSENT AGENDA. Item 1 b was DEFERRED, BY CONSENT, until City Council Session of June 22, 2010. Item 2 was DEFERRED INDEFINITELY, BY CONSENT. Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None June 8, 2010 I ~ II ~ li I - 25 - Item J.1. a. ORDINANCES/RESOLUTION ITEM # 60031 Upon motion by Vice Mayor Jones, seconded by Council Lady Henley, City Council ADOPTED, BY CONSENT: Ordinance to AMEND and REORDAIN the City Code: a. ~ 30-58 and X30-59 re erosion and sediment control site stabilization Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, 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, Rosemary Wilson and James L. Wood Council Members Voting Nay.• None Council Members Absent: None June 8, 2010 1 AN ORDINANCE TO AMEND SECTIONS 30-58 AND 30-59 2 OF THE CITY CODE PERTAINING TO THE EROSION 3 AND SEDIMENT CONTROL PROGRAM AND SITE 4 STABILIZATION 5 6 Sections Amended: §§ 30-58 and 30-59 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Sections 30-58 and 30-59 of the City Code are hereby amended and 12 reordained to read as follows: 13 14 CHAPTER 30 SOIL REMOVAL, OTHER LAND-DISTURBING ACTIVITIES 15 .... 16 17 ARTICLE III. EROSION AND SEDIMENT CONTROL AND TREE PROTECTION. 18 .... 19 20 DIVISION 1. GENERALLY. 21 .... 22 23 Sec. 30-58. Erosion and sediment control program; regulations, standards and 24 specifications for erosion and sediment control and tree protection. 25 26 (a) The city council hereby adopts the regulations promulgated by the Virginia 27 soil and water conservation board pursuant to section 10.1-562 of the Code of Virginia 28 for the effective control of soil erosion, sediment deposition and nonagricultural runoff 29 which must be met in any control program to prevent the unreasonable degradation of 30 properties, stream channels, waters and other natural resources. Said regulations, 31 standards and specifications for erosion and sediment control are included in but [are] 32 not limited to the "Virginia Erosion and Sediment Control Handbook," , 33 ." Third Edition, 1992 and all future amendments thereto and editions thereof. 34 35 (b) The program and regulations provided for in this article shall be made 36 available for public inspection at the office of the director of planning. 37 38 Sec. 30-59. Approved plan required for issuance of grading, building or other 39 permits; security for performance; site stabilization. 40 41 (a) Prior to the issuance of any grading, building or other permit for activities 42 involving land-disturbing activities, the applicant shall submit an application with an 43 approved erosion and sediment control plan and certification that the plan will be 44 followed. In addition, as a prerequisite to engaging in the land-disturbing activity as 45 shown on the approved plan, permit or agreement in lieu of a plan, the person 46 responsible for carrying out the plan or agreements in lieu of a plan shall provide the 47 name of a responsible land disturber, who will be in charge of and responsible for 48 carrying out the land-disturbing activity. Failure to provide the name of a responsible 49 land disturber prior to engaging in land disturbing activities may result in revocation of 50 the plan approval, and the person responsible for carrying out the plan shall be subject 51 to the penalties provided in this article. 52 53 .... 54 55 ~ c) Prior to the issuance of any certificate of occupancy or the final release of 56 any permit authorizing a land-disturbing activity all disturbed or denuded areas shall be 57 stabilized in accordance with the Virginia Erosion and Sediment Control Law and 58 Regulations by such methods as, but not limited to temporary seeding permanent 59 seeding, sodding or soil stabilization blankets and matting The Building Code Official 60 may authorize a temporary certificate of occupancy without the required soil stabilization 61 if the failure to stabilize is due to circumstances beyond the control of the permit holder Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of June, 2010. -26- Item J.1. b. ORDINANCES/RESOLUTION ITEM # 60032 Upon motion by Vice Mayor Jones, seconded by Council Lady Henley, City Council DEFERRED TO JUNE 22, 2010, BY CONSENT.• Ordinance to AMEND and REORDAIN the City Code: b. ~ 6-117 and ~6-118 re water skiing and surfboarding Voting.• 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 8, 2010 -27- Item J.2. ORDINANCES/RESOLUTION ITEM # 60033 Upon motion by Vice Mayor Jones, seconded by Council Lady Henley, City Council DEFERRED INDEFINITELY, BYCONSENT.• Ordinance to AUTHORIZE temporary encroachments into a portion of the City-owned right-of--way, known as 24`" Street and Atlantic Avenue, by Walgreen Co. to construct and maintain an underground conduit/cable. DISTRICT 6 -BEACH Voting.• 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None June 8, 2010 -28- Item J.3. ORDINANCES/RESOLUTION ITEM # 60034 Upon motion by Vice Mayor Jones, seconded by Council Lady Henley, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE encroachments across a portion of a City utility easement and an easement over City-owned property, (Lake Gaston), each in Isle of Wight County by Virginia Electric and Power Company to maintain an overhead transmission line crossing; and, AUTHORIZE the City Manager to execute the necessary documents The following conditions shall be required: Access to either party's facilities shall not be hampered at any time by the opposite party. 2. Dominion Virginia Power ("Company') shall restore any erosion or settling on the right-of--way related to the installation or maintenance of the encroachment. The Company shall comply with all state and local erosion and sedimentation control laws and shall not adversely affect grade elevations and water drainage patterns. 3. The Company shall be responsible for damage to City facilities within the City easement when such damage is determined to be the result of construction or maintenance activities associated with Company facilities or Company right-of--way. 4. The electric line crossing is approved with no part of any supporting structure being located within the City's utility easement. 5. The City shall not be responsible or liable for injuries to persons, including death or damage to property, when such injuries, or damages, are caused by, result from, or are on account of, or growing out of , the consent hereby granted. Company shall require its contractor(s) to indemn~ the City against any loss, damage or liability arising from work performed or permitted by the Company or its contractor(s) on the City easement. 6. The Company shall, at all times, have the right to keep the City easement clear of all buildings, structures or other items that 1) block access to Company facilities; 2) create an unsafe condition for Company facilities or employees, contractors or subcontractors; or 3) violate any Code requirements that apply to Company facilities. 7. The Company is responsible for obtaining an easement from the property owner for the Company facilities. June 8, 2010 -29- Item J.3. ORDINANCES/RESOLUTION ITEM # 60034 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 8, 2010 1 AN ORDINANCE AUTHORIZING (1) AN 2 ENCROACHMENT ACROSS A PORTION OF A 3 CITY UTILITY EASEMENT AND (2) THE GRANTING 4 OF AN EASEMENT OVER CITY-OWNED 5 PROPERTY, EACH IN ISLE OF WIGHT COUNTY BY 6 VIRGINIA ELECTRIC AND POWER COMPANY 7 8 WHEREAS, The City of Virginia Beach owns and maintains the Lake 9 Gaston Pipeline which extends from Brunswick County to Isle of Wight County 10 (the "Pipeline"). The Pipeline provides water from Lake Gaston to the City of 11 Virginia Beach; 12 13 WHEREAS, As a part of the Pipeline, the City owns a utility easement 14 across a portion of Isle of Wight County in the town of Windsor (the "Easement"). 15 Also as a part of the Pipeline, the City owns a parcel of real property adjacent to 16 the Easement (the "Property"); 17 18 WHEREAS, Virginia Electric and Power Company ("VEPCO") has 19 requested the City grant VEPCO an encroachment across a portion of the 20 Easement and an easement over a portion of the Property, each for the purpose 21 of maintaining an overhead transmission line crossing; and 22 23 WHEREAS, Granting the encroachment and the easement to VEPCO will 24 not interfere with the City's operation of the Pipeline and will further VEPCO's 25 goals of providing power to the citizens of Virginia. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 28 CITY OF VIRGINIA BEACH, VIRGINIA: 29 30 1. That the City Manager is hereby authorized to execute the 31 necessary documents to evidence the encroachment by VEPCO over a portion 32 of the City-owned easement in Isle of Wight County as shown on the plat 33 attached hereto as Exhibit A. 34 35 2. That the City Manager is hereby authorized to execute the 36 necessary documents to grant an easement to VEPCO over City-owned property 37 in Isle of Wight County as shown on the plat attached hereto as Exhibit B. 38 39 3. The documents evidencing the encroachment and the easement 40 shall contain such other terms and conditions deemed necessary and sufficient 41 by the City Manager and in a form deemed satisfactory by the City Attorney. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia on the 44 8thday of June , 2010. 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ORDINANCES/RESOLUTIONS ITEM # 60035 Upon motion by Vice Mayor Jones, seconded by Council Lady Henley, City Council ADOPTED, BY CONSENT: Ordinance to ACCEPT and APPROPRIATE $1,047,900 of the Cooperative Agreement Grant from the U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA), for the FY 2009-10/2010-I1 Budget of the Fire Department re continued operation of the Virginia Task Force 2 Urban Search and Rescue Team Voting: I1-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 8, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM FEMA FOR CONTINUED OPERATION OF THE VIRGINIA TASK FORCE 2 URBAN SEARCH AND RESCUE TEAM BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1) Funds are hereby accepted from the U.S. Department of Homeland Security, Federal Emergency Management Agency for the FY 2009-10/2010-11 Cooperative Agreement Grant for continued operation of the Virginia Task Force 2 Urban Search and Rescue Team in the amount of $1,047,900, and appropriated, with estimated federal revenues increased accordingly, to the FY 2009-10 Operating Budget of the Fire Department. 2) That 3.25 positions, including two full-time positions (FEMA Program Manager and Account Clerk) and two part-time positions (Training Manager and Logistics Manager totaling 1.25 FTE'S), are approved and maintained in the FY 2009- 10 and FY 2010-11 Operating Budgets of the Fire Department, provided, however, that these new positions are conditioned upon continued grant funding for the duration of the grant. Adopted by the Council of the City of Virginia Beach, Virginia on the 8th day of June , 2010. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content ~.~G Management Services Approved as to Legal Sufficiency l City rney's ffi CA11528 R-2 May 26, 2010 -31- Item L.S. ORDINANCES/RESOLUTION ITEM # 60036 Upon motion by Vice Mayor Jones, seconded by Council Lady Henley, City Council ADOPTED, BY CONSENT: Ordinance to ESTABLISH the Chesapeake Beach Sand Study Capital Project and to TRANSFER $150, 000 to the General Fund Reserve for Contingencies to fund the study Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 8, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AN ORDINANCE TO ESTABLISH THE CHESAPEAKE BEACH SAND STUDY CAPITAL PROJECT AND TO TRANSFER $150,000 TO THE CHESAPEAKE BEACH SAND STUDY CAPITAL PROJECT NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. The Chesapeake Beach Sand Study capital project (CIP #8078) is hereby established in the Capital Budget; and 2. $150,000 is hereby transferred from the General Fund Regular Reserve for Contingencies to the Chesapeake Beach Sand Study (CIP #8078) to fund the study. Adopted by the Council of the City of Virginia Beach, Virginia on the 8th day of June , 2010. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT ~. ~> ~ ` Management Services APPROVED AS TO LEGAL SUFFICIENCY: it rney's ice CA11529 R-1 May 26, 2010 I I' Item K. PLANNING -32- ITEM # 60037 1. VIRGINIA BEACH CITY PUBLIC SCHOOLS/ WEST NECK, LLC 2. TOMMIE C. HERRING/THE R UNNYMEDE CORPORATION 3. HAR VEST O UTREACH MINISTRIES, INC. 4. NEW LIFE PRESBYTERIAN CHURCH S. DML DESIGNS, LLC T/A GODSPEED TATTOO/JETTELLIS, LLC 6. URBAN-X-CHANGE II INC. -MATTHEW HUTCHINSON L YNNHA VEN CROSSING CHANGE OF ZONING CONDITIONAL USE PERMIT MODIFICATION OF CONDITIONS (1 AND 2) (Approved by City Council on March 25, 2008) MODIFICATION to extend Condition 4 (Approved by City Council on November 12, 2002) CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT June 8, 2010 -33- Item K. PLANNING ITEM # 60038 Upon motion by Vice Mayor Jones, seconded by Council Lady Henley, ,City Council APPROVED IN ONE MOTION Items 1, 2, 3, 4, S (DEFERRED), and 6 of the PLANNING BY CONSENT AGENDA: Item S (DML DESIGNS, LLC/ T/A GODSPEED TATTOO/JETTELLIS, LLC) was DEFERRED until the City Council Session of June 22, 2010. Voting.• 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 8, 2010 -34- Item K.1. PLANNING ITEM # 60039 Anthony L. Arnold, Director of Facilities - Virginia Beach City Public Schools, accompanied by Billy Almond, Land Planner - WPL, advised the Site Selection Committee spent the better part of two (2) years evaluating potential sites for the new Kellam High School. Vice Mayor Jones and Councilman Uhrin, are members of the Site Selection Committee. This Committee was responsible for the acquisition of almost thirty (30) school sites over the past two (2) decades. There have been six (6) public meetings with Civic Leagues over the last three (3) months, two with West Neck, Courthouse Estates, Indian River Plantation, as well as a general Civic League meeting at Kellam High School. There were two (2) separate design charrette committees for the actual building footprint and the site. This committee was comprised of staff, students at Kellam High School, community members and elected officials who met with the Architect and designed the site plan as well as the floor plan. Mr. Arnold advised of the proposed improvements on West Neck Road. Afour-lane divided road will be designed along the entire 1500 feet of frontage. The road picks up where the improvements were left off with the interchange project at North Landing and West Neck. The four-lanes run along the entire frontage and taper back into the safety improvements that were completed last Summer by the Public Works Department. There is one median opening for buses and one for cars, appropriate right and left turn lanes with stacking and tapering lanes to accommodate the traffic. There is an 8 foot wide multi purpose trail along the full frontage. There are also two foot wide outside lanes that allow for bicycle traffic along the entire frontage. A shared entrance between the church across the street and the adjacent office developer is under discussion. The Third Phase of safety improvements is scheduled to be constructed as a separate project. Design is to be completed in the Spring. Building construction should commence in the Spring. Construction is scheduled to wrap up in early 2014. The goal is to have the Class of 2014 graduate from the new Kellam High School. Council Lady Henley advised the new Kellam High School is being designed to withstand a Category II Hurricane. Upon motion by Vice Mayor Jones, seconded by Council Lady Henley, City Council ADOPTED, BY CONSENT, Ordinance upon application of the VIRGINIA BEACH CITY PUBLIC SCHOOLS/WEST NECK, LLC, for a Chan~of ZoningDistrict Classification from R-10 Residential District to AG-1 Agricultural District at 2657 West Neck and North Landing Roads to construct a new high school that will replace the existing Kellam High School located on Holland Road BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of of the VIRGINL4 BEACH CITY PUBLIC SCHOOLS/WEST NECK, LLC, for a Chan~o Zonin District Classification from R-10 Residential District to AG-1 Agricultural District at 2657 West Neck and North Landing Roads to construct a new high school (GPIN: 14937921020000; 14946000930000;14945050090000) that will replace the existing Kellam High School located on Holland Road DISTRICT 7 -PRINCESS ANNE 20610123 7 June 8, 2010 -35- Item K.1. PLANNING ITEM # 60039 (Continued) This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighth of June, Two Thousand Ten Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 8, 2010 -36- Item K.2. PLANNING ITEM # 60040 Upon motion by Vice Mayor Jones, seconded by Council Lady Henley, City Council ADOPTED, BY CONSENT, Ordinance upon application of TOMMIE C. HERRING/THE RUNNYMEDE CORPORATION for a Conditional Use Permit to convert a retail facility into a church at 120 South Plaza Trail BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of TOMMIE C. HERRING/THE RUNNYMEDE CORPORATION for a Conditional Use Permit to convert a retail facility into a church at 120 South Plaza Trail (GPIN # 14878336190000) DISTRICT 3 -ROSE HALL 8061035419 The following conditions shall be required: The applicant shall obtain all the necessary permits and inspections from the Permits and Inspections Division of the Planning Department and the Fire Department required for the change of use in the building. A Certificate of Occupancy shall be obtained from the Building Official before use of the building as a religious facility. 2. The nonconformingfree-standing sign shall be removed and replaced with a conforming free-standing sign or may be altered to conform to the requirements of the City Zoning Ordinance. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighth of June, Two Thousand Ten Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 8, 2010 -37- Item K.3. PLANNING ITEM # 60041 Upon motion by Vice Mayor Jones, seconded by Council Lady Henley, City Council CONDITIONED AS AMENDED, BY CONSENT, Ordinance upon application of HARVEST OUTREACH MINISTRIES, INC. for Modi ication of Conditions 1 and 2 (approved by City Council on March 25, 2008) for a church at 3312 Dam Neck Road BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of HARVEST OUTREACH MINISTRIES, INC. for Modification of Conditions 1 and 2 (approved by City Council on March 25, 2008) for a church at 3312 Dam Neck Road (GPIN #14838536720000). DISTRICT 7 -PRINCESS ANNE The following conditions shall be required.• The site shall be developed substantially in accordance with the submitted site plan entitled "Harvest Outreach Ministries, Inc. Virginia Beach, Virginia Preliminary Site Plan" prepared by Pinnacle Group Engineering, Inc. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The building shall be constructed substantially in accordance with the submitted colored Front Elevation untitled and not to scale. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The applicant shall strive for a minimum of fifty (SO) percent open space on the site. 4. The applicant shall maintain a minimum of one hundred (100) feet of landscaped buffering from Indian River Road. No parking is allowed in the buffered areas. S. The applicant shall install atwenty-five foot (25) landscaped buffer along the property lines. The buffer shall be planted with a mixture of deciduous and evergreen shrubs and trees. 6. A photometric lighting plan shall be submitted for review and approval with the final site plan submission to the Development Services Center. Lighting plan is to include height of poles located within the parking lot along with the location of all pole-mounted and building-mounted lighting fixtures. All fixtures shall be designed to prevent any direct reflection or glare toward adjacent uses or city streets. The plan shall also include the lamp types, wattage and type of fixture. Parking lot lighting shall use full cut-off fixtures. Lighting shall be directed down at the ground and not horizontally or up in the air. Final site plan shall depict a reservation or the future Indian River Road ri~ht- o -wa . June 8, 2010 -38- Item K.3. PLANNING ITEM # 60041 (Continued) This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighth of June, Two Thousand Ten Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.' None June 8, 2010 -39- Item K.4. PLANNING ITEM # 60042 Upon motion by Vice Mayor Jones, seconded by Council Lady Henley, City Council ADOPTED, BY CONSENT , an Ordinance upon application of NEW LIFE PRESBYTERIAN CHURCH for Modification to extend Condition 4 (approved by City Council on November 12, 2002) at 3312 Dam Neck Road to allow for the use of a modular unit not to exceed an additional five (S) years from the date of this approval BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of NEW LIFE PRESBYTERIAN CHURCH for Modification to extend Condition 4 (approved by City Council on November 12, 2002) at 3312 Dam Neck Road (GPIN: 14950368470000 to allow for the use of a modular unit not to exceed an additional five (S) years from the date of this approval DISTRICT 3 - ROSE HALL The following conditions shall be required.• All conditions, with the exception of Number 4 attached to the Conditional Use Permit granted by the City Council on November 12, 2002, remain in effect. 2. Condition Number 4 of the November 12, 2002, Conditional Use Permit is deleted and replaced with the following: a. The modular unit (trailer) is approved for a period not to exceed five (5) years from the date of this approval. This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighth of June, Two Thousand Ten Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 8, 2010 -40- Item K.S. PLANNING ITEM # 60043 Upon motion by Vice Mayor Jones, seconded by Council Lady Henley, City Council DEFERRED TO JUNE 22, 2010, BY CONSENT, Ordinance re application of DML DESIGNS, LLC T/A GODSPEED TATTOO/JETTELLIS, LLCfor a Conditional Use Permit re a tattoo parlor at 3795 Bonney Road. Ordinance re application of DML DESIGNS, LLC T/A GODSPEED TATTOO/JETTELLIS, LLC for a Conditional Use Permit re a tattoo parlor at 3795 Bonney Road. (GPIN # 14873357880000) DISTRICT 3 -ROSE HALL Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 8, 2010 -41 - Item K.6. PLANNING ITEM # 60044 Upon motion by Vice Mayor Jones, seconded by Council Lady Henley, City Council ADOPTED, BY CONSENT, an Ordinance upon application of URBAN-X-CHANGE li INC. - MATTHEW HUTCHINSON/LYNNHAVEN CROSSING for a Conditional Use Permit re a tattoo, permanent make- up and body piercing establishment at 829 Lynnhaven Parkway. BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of URBAN-X-CHANGE II INC. - MATTHEW HUTCHINSON/ LYNNHAVEN CROSSING for a Conditional Use Permit re a tattoo, permanent make-up and body piercing establishment at 829 Lynnhaven Parkway (GPIN.• 14963486150000) DISTRICT 3 -ROSE HALL 8061035420 The following conditions shall be required: A business license shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. Any signage for the building and the Tattoo Studio shall meet the requirements of the Zoning Ordinance with the addition of limiting signage as follows: there shall be no signs, including neon, L.E.D. or otherwise, or neon or L.E.D. accents, installed on any wall area of the exterior of the building, windows and/or doors. 3. The use of L.E.D. shall be prohibited from any portion of a freestanding sign that advertises spec f tally for the Tattoo Studio. 4. The Conditional Use Permit for the Tattoo Studio is approved for a period of one (1) year with an administrative review every year thereafter. S. The actual tattooing operation on a customer shall not be visible from the exterior of the establishment or from the retail sales area within the establishment. 6. The hours of operation shall be 10: 00 A.M. to 10:00 P.M. Monday through Saturday and from 12:00 P.M. to 8: 00 P.M. on Sunday. This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighth of June, Two Thousand Ten June 8, 2010 -42- Item K.6. PLANNING Voting. 11-0 (By Consent) Council Members Voting Aye: ITEM # 60044 (Continued) Rita Sweet Bellitto, 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 8, 2010 - 43 - Item L.1. APPOINTMENTS ITEM # 60045 BY CONSENSUS, City Council RESCHEDULED the followingAPPOINTMENT: HUMAN RIGHTS COMMISSION June 8, 2010 -44- Item L.2. APPOINTMENTS ITEM # 60046 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Thomas E. Fraim - At Large William Hearst -At Large 3 year term 07/01/2010 - 06/30/2013 BEACHES and WATERWAYS COMMISSION Voting: 11-0 Council Members Voting Aye: Rita Sweet Bellitto, 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None June 8, 2010 - 45 - Item L.3. APPOINTMENTS ITEM # 60047 Upon NOMINATION by Vice Mayor Jones, City Council: REAPPOINTED: Betty L. Warren -Rose Hall 3 year term 09/01/2010 - 08/31/2013 APPOINTED: Garland Payne - Kempsville Christopher Hooper, DDS - At Large 3 year term 09/01/2010 - 08/31/2013 PARKS and RECREATION COMMISSION Voting: 11-0 Council Members Voting Aye: Rita Sweet Bellitto, 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, Rosemary Wilson and James L. Wood Council Members Voting Nay.• None Council Members Absent: None June 8, 2010 -46- Item L.4. APPOINTMENTS ITEM # 60048 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Brian H. Reese 4 year term 07/01/2010 - 06/30/2014 SOCIAL SERVICES BOARD Voting: 11-0 Council Members Voting Aye: Rita Sweet Bellitto, 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None June 8, 2010 -47- Items O. ADJOURNMENT ITEM # 60049 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:19 P.M. . y~d% Beverly O. Hooks, CMC Chief Deputy City Clerk Ruth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia --- !~Z( _~ ------------ William D. Sessoms, Jr. Mayor The Public Dialogue re Non-Agenda items adjourned at 6:26 P.M. June 8, 2010 -48- PUBLIC DIALOGUE STAND UP PADDLEBOARDS (SUP) Janet Y. Meyer, 312 Spot Lane, Phone: 426-7759, spoke re Stand Up Paddleboards (SUP), now in the ocean waters. Over time, she has witnessed the emergence and regulation of hobie cats, kayaks, surf boards and jet skis. All but SUP's have fought for the right to be in the water. Their place is not in the surf zone. A SUP can weigh up to 37 pounds, be 5.6 inches thick, 29.6 inches wide and be 12' long. When cutting through the surf with the paddle horizontal, it can require up to nine (9) feet of clearance to pass other Surfers. In addition this board poses a threat in coastal waves because it is cumbersome and d~cult to maneuver safely. The paddle, which is 8.5 to 9.5 inches wide at the base and 6 to 8 inches longer than the paddler's height, becomes a safety obstacle while the rider is upright and surfing and becomes flotsam when awipe-out occurs causing unsafe obstacles for other Surfers to navigate around. It is not a Surf Board; however, most riders of SUP's want to surf the waves even though their craft is a paddle board and made for cruising on the flat surface of the ocean, lake, bay and inland waterways. The Unites States Coast Guard indicates a paddleboard is a vessel and all applicable laws and regulations that pertain to vessels will apply to the use of a "stand up paddleboard ". They are intended to be used as a water sport activity beyond the narrow limits of a swimming, surfing or bathing area. As such, they are required to carry a lifejacket, or Personal Floatation Device (PFD), a whistle and a flashlight, if after dark. On the West Coast, legislation is under way to classify SUP'S in the same category as sailboards, requiring licensing, life vests, a whistle or air horn and other safety features. Ms. Meyer requested Virginia Beach review this SUP and take a stand for the safety of all people who use the shoreline for enjoyment. They are observed along the coast at Sandbridge and the Oceanfront. Ms. Meyer's statement and image of the SUP is hereby made a part of the record. Mayor Sessoms requested the City Attorney to evaluate and determine the legal description of a paddle board. RED WING SENIORS GOLFASSOCIATION Thomas R. Metz, Past President -Red Wing Senior's Golf Association, and currently a Member of the Board, 1312 Water's Edge, Phone: 340-3330. Mr. Metz distributed a Petition to the Mayor and City Council. Said petition is hereby made a part of the record. The Red Wing Seniors Golf Association, with a membership of 60+ members, has just celebrated its 28TH Anniversary at Red Wing. The Golf Association has played all these years in Winter and Summer and thus been a continuous source of revenue for Red Wing (not only in green fees, but food and beverage). The Association even has players in their late 80's, some of whom served in World War II. Two (2) years ago, the Association was made aware other golf groups, including the Shriners, Knights of Columbus and the Virginia Beach Senior Golf Group, receive preferential treatment in the form of $25 per green fee and cart for their golf events during the week. The Red Wing Seniors Golf Association is charged $32.55 per player, even though they are the only group that plays year `round during the week at the course. Since, the Golf Association consists of mostly retired Seniors on a fixed income, they should receive the same consideration as the other groups. The Association has requested, on more than one occasion, to have the golfing fees reduced to match that of the other groups. Parks and Recreation have either failed to respond or have given a "thumbs down "with regards to reducing the fees to $25 in order to be comparable with the other groups. The Mayor and City Council are petitioned to correct this inequity. The City Manager shall provide a report June 8, 2010