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JULY 1, 2003 MINUTESCITY COUNCIL MAYOR MEYERA E OBERNDORF, At-Large VICE MAYOR LOUIS R JONES, Baystde - Dtstrwt 4 HARRY E DIEZ, EL, Kempsvdle - Dtstrwt 2 MARGARET L EURE Centervdle - Dtstrwt 1 REBA S McULANAN, Rme Hall - Dtqrtct 3 RIUHARD A MADDOX, Beach - Dt~trtct 6 JIM REEVE, Prmce~ ~ Anne - Dtqrtct 7 PETER W SCHMIDT, At-Large RON A VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L WOOD, Lynnhaven -Deqrtct 5 JAMES K SPORE, (tty Manager LESLIE L LILLEY, (tty Attorney RUTH HODGES SMITH, MMC, Ctty( lerk CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 1 July 2003 CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE (757) 427-4303 FAX (757) 426-5669 E MAIL Ctycncl~vbgov corn I. CITY MANAGER'S BRIEFINGS -Conference Room - 1:00 PM to PUBLIC DIALOGUE / TOWN MEETINGS David Sullivan, Chief Information Officer Bo HUMAN SERVICES PLAN UPDATE Andrew M. Friedman, Director, Department of Housing and Neighborhood Preservation REVIEW OF AGENDA ITEMS III. COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. INFORMAL SESSION - Conference Room - 2:30 PM A B CALL TO ORDER- Mayor Meyera E. Obemdorf ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION i FORMAL SESSION - Council Chamber- 6:00 PM A. CALL TO ORDER- Mayor Meyera E. Obemdor£ B. INVOCATION: Reverend Thomas J. Conant Clmstian Chapel Assembly of God 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 June 24, 2003 2. SPECIAL FORMAL and CLOSED SESSIONS June 17, 2003 G. AGENDA FOR FORMAL SESSION H. MAYOR'S PRESENTATION 1. M~ss Virgima Beach - L~ndsey Thomas I CONSENT AGENDA J ORDINANCES/RESOLUTION 1. Ordinances to AMEND the C~ty Code: ao §§ 30-57 and 30-59 re the Erosion and Sediment Control Law defimng "Land Disturbing Activity" and to allow for the waiver of responsible land d~sturbers in certain s~tuat~ons bo § 2-78 re background investigations of applicants for public employment and volunteer posit~ons Deferred: June 24, 2003 Ordinance to ACCEPT and APPROPRIATE additional federal revenue to the Department of Housing and Neighborhood Preservation and increase the federal revenue accordingly re: a. $94,482 re HOME housing assistance $53,000 re housing opportunities for people with AIDS , Ordinance to AUTHORIZE the acqms~tlon of 6.724 acres of property on the west side of Centerville Turnpike, north of Kempsvdle Road for $850,000 from WILLIAMS HOLDING CORP. and MICHAEL D. SIFEN, INC. re the City's OPEN SPACE initiative. . Ordinance to APPOINT three (3) viewers for one-year terms beginning July 1, 2003, re closures of City streets and alleys. . Resolution to AUTHORIZE the City Manager to issue a Request For Proposal and AWARD an exclusive contract for beverage vending machines on City property. K. PLANNING o Request of the CATHOLIC DIOCESE OF RICHMOND (approved April 8, 2003) to EXTEND the time for compliance re dtsconttnuance, closure and abandonment of a portion of Arctic Crescent at Arctic Circle and 14th Street at Lot J. (DISTRICT 1 - BEACH) Recommendation: APPROVAL . Application ofA. O.S. PROPERTIES, L.L.C. at the west side of Salem Road, south of Highlam Drive for a Vartance to § 4 4(b) of the Subdivision Ordinance, that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) to create two(2) residential lots. (DISTRICT 7- PRINCESS ANNE) Recommendation: APPROVAL , Application of VIRGINIA BEACH BIBLE MISSIONARY CHURCH for a Conditional Usc Permit for a church in an existing shopping center at 676-B North Witchduck Road. (DISTRICT 4- BAYSIDE) Recommendation: APPROVAL , Apphcatlon of RH BUILDERS, INC. for a Change of Zoning District Classification from B-2 Communtty Business Dtstrtct to Condtttonal A-24 Apartment Dtstrtct on the west side Centervdle Turnpike, north of Kempsville Road. (DISTRICT I - CENTERVILLE) Recommendation: APPROVAL o o Application of HOME ASSOCIATES OF VIRGINIA, INC. on the north side of Shore Drive. between Powhatan Avenue and Albemarle Avenue (DISTRICT 4- BAYS[DE) a. Change of Zoning D~stfict Classffication from B-2 Commumty Bustness Distrtct Condtttonal B-4 Resort Commerctal Dtstrtct bo Conditional Use Permit for multiple family dwelhngs and office space in the B-4 Resort Commercial D~stnct Recommendation. APPROVAL Apphcatlons of CITY OF VIRGINIA BEACH: ao AMEND § 217 of the C~ty Zomng Ordinance (CZO) re civil penalties for violations ot the sign regulations b° AMEND § 10.1 of the Subdiwsion Ordinance re penalties for violations of subdivision regulations Co AMEND § 215 of the City Zoning Or&nance (CZO) re abandoned non-conformin signs Recommendation: APPROVAL C. APPOINTMENTS ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS COMMISSION HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC) PARKS AND RECREATION COMMISSION PERFORMING ARTS THEATRE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD SHORE DRIVE ADVISORY COMMITTEE TOWING ADVISORY BOARD YOUTH SERVICES COUNCIL M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT City Council, in trying to be more responsive to the needs of citizens who attend the meetings, has adopted the following time limits for future Formal Sessions Applicant or Applicant's Representative 10 Minute kttorney or Representative for Opposition 10 Minutes Other Speakers - each 3 Minutes Applicant's Rebuttal 3 Minutes THESE TIMES WILL BE STRICTLY ADHERED TO. If you are physically disabled or visually impaired and need assistance at flus meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call' TDD only 427-4305 (TDD - Telephomc Device for the Deaf) Agenda 06/26/03 slb www vbgov corn MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July 2003 Mayor Meyera E Oberndorf called to order the CITY MANAGER'S BRIEFING re PUBLIC DIALOGUEfI'OWN MEETINGS tn the Ctty Counctl Conference Room, C~ty Hall Butldtng on Tuesday, July 1, 2003, at 1 O0 P M Counctl Members Present Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba $ McClanan, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmidt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Council Members Absent Rtchard A Maddox [Entered 2 15 P M] -2- CITY M/INAGER'S BRIEFING PUB L lC DIAL 0 G UE/TO WN MEE TINGS I:00 P.M. ITEM # 51363 The Ctty Manager advtsed last Summer at thetr Retreat, City Councd requested the Staff to evaluate alternattves for Town Meetings as part of an expanded pubhc &alogue process Davtd Sulhvan, Chtef lnformatton Officer, presented tnformatton re Town Meettngs and Pubhc Dtalogue At the Summer 2002 Ctty Counctl Retreat, the Ctty Counctl expressed tnterest tn expanding the use of "public dialogue ". When asked, thepubhc agreed wtth the Ctty Counctl In the Aprt12003 survey conducted for the City by Conttnental Research, 66 3%of those surveyed satd they were interested in attendtng "Town Meettngs" The survey also found a preference for weekday eventngs over Saturdays Research shows that pubhc chalogue can be as stmple as Pubhc Heartngs renamed "Town Meettngs" or real "Town Meettngs" encouragtng and facthtattng pubhc involvement tn government "Members of the pubhc bring new perspecttves tnto a process, interactton among partictpants wtth dtfferent perspecttves ts hkely to generate ideas and tnstghts that would not otherwtse be obtatned" (excerpt from a 1992 trade arttcle on Quahty Envtronmental Management, authors Bmgham and Church) OBJECTIVES Producttve Dtalogue Shared Understan&ng Voluntary and Open Parttcipatton SUGGESTED FORMAT Use Commumty Dtalogue Format Three evemng meettngs annually Thtrd Tuesday September, January and May Locatton Rotate throughout Ctty Counctl Dtstrtcts by numertc order Meettng toptcs chosen from' Penchng Items Ltst Counctl's Annual Goal Setttng Retreat Suggesttons from the pubhc uly 1, 2003 -3- CITY MANAGER'S BRIEFING PUBLIC DIALOGUEfI'OWN MEETINGS ITEM # 51363 (Continued) Mr Sulhvan referenced the proposed Format 7 O0- 7 30 PM 7 30- 800PM Informal Ttme Short Presentatton by staff on meettng topw 8 O0 - 8 ISPM 8 15- 9.00PM Questions and Answers on the Meettng topic Facdttated pubhc thalogue on the toptc first, then other matters The resource costs are mtmmal The average cost would be approxtmately $100 per meettng Coffee, soft drtnks and cookies for attendees would be approxtmately $75-$100 per meettng Some semor staff would be tnvolved tn the brtefings and the htghhghted department tnformatton table Arrangements and facthtatton would be provtded by extsttng Ctty staff There would be no rental cost for the spaces Round tables may have to be transported from the Pavthon RECOMMENDATION Ctty Counctl &rect staff to proceed wtth the scheduhng and conduct of Town Meettngs Counctl Lady Eure suggested combtmng the Centervtlle and Kempsvtlle Dtstrtcts for one Pubhc Meettng Mayor Oberndorf suggested the servtce clubs be tnvtted t e. Ktwants, Rotary, Lions, advtsors to the Pohce Prectnct, Parent Teachers Assoctatton Members, the elderly communtty and representattves of the golf communtty BY CONSENSUS, Ctty Council shall chscuss this matter further durtng the August 2003 Retreat , uly L 2oos -4- CITY MANAGER'S BRIEFING HUMAN SER VICES PLAN UPDATE 1:45 P.M. ITEM # 51364 Ctty Counctl tdenttfied Human Services delivery at their August 2002 Retreat, as an area for addtttonal prtortttes Thts ts an area, whtch ts enormously complex The presentatton ts tntended to be a "Type III Briefing" to dtscuss major tssues and upcomtng opportuntttes Andrew M Frtedman, Dtrector- Department of Houstng and Netghborhood Preservatton, advtsed he was presentmg thts tnformatton on behalf of the four Human Service agenctes Housing and Neighborhood Preservation, Social Services, Mental Health/Mental Retardation/Substance Abuse and Public Health. "Facilitating Citizen Success" ts the phrase whtch captures the objecttves of Human Servtces Mr Frtedman recogmzed the Department Dtrectors tn attendance Kathryn B. Hill Social Services Dr. Terry S. Jenkins Mental Health/Mental Retardation/Substance Abuse Dr. Venita Newby-Owens Public Health Mr Frtedman revtewed the Seven (7)Strategiesproposed durtng the Ctty Counctl Sesston of February 25, 2003, 1 Preserve the Safety Net Make every effort, as a city and commumty, to avotd a loss of current services 2 Maximtze Revenue. Identtf--y and seek all avadable revenue opportuntttes from Federal and State resources and grants 3 Continue strong Legtslattve advocacy for human servtcefun&ng 4 Continue and enhance collaboration with commumty providers 5 Hetghten commumty awareness of human servtce tssues 6 Identtfy andpursue opportumttes to tmprove servtce dehvery 7 Develop locally based goals and gutdeltnesfor our communtty }York Since February Research Communtty Forums Staff work groups Joint Advtsory Board Meettngs July 1, 2003 -5- CITY M/IN/I GER'S BRIEFING HUMAN SER VICES PLAN UPDATE ITEM # 51364 (Continued) Four (4)/ireas for Action Matntam and/or generate revenue Consohdate, coor&nate and tmprove servtces Improve our understan&ng of commumty needs Develop or facthtate the development of servtces to address tdenttfied needs ACTIONS TO MAINTAIN AND/OR GENERATE REVENUE Matntatn current revenue streams through the review and, tf necessary, enhancetnent for comphance and accountabihty systems Explore and where feasible tmplement cost-savtng consohdatton proposals Seek ad&ttonal Federal fun&ng to cover the cost of servtng the mthtary and veteran populations De&cate staff or other resources to revenue generatton and grant wrtttng Develop a plan and fun&ng for further co-locatton of Human Servtce Agencies as well as some non-profit agencies /i CTIONS TO CONSOLID/I TE, COORDIN/I TE /IND IMPROVE SER VICES Create an tnter-hnked agency Ombudsperson program to enhance the dehvery of servtces Explore the posstbthty of common tntake systems to tmprove service and tncrease revenue Include a "human services tmpact analysts" tn the development revtew process in order to accurately gauge the effect of populatton growth due to development on the need for human services Instttute the Facthttes and Services Revtew Process Mr Frtedman shall provtde tnformatton relattve census figures on poverty and mtgratton tn the Ctty July 1, 2003 -6- CITY M/IN/IGER'S BRIEFING HUMAN SER VICES PLAN UPD/I TE ITEM # 51364 (Continued) /i CTIONS TO IMPROVE UNDERS T/INDING OF COMMUNITY NEEDS Implement a homeless tnformatton system to meet HUD mandates and obtatn better tn formation for planntng and servtce dehvery Study the chdd care system forpre-school chddren and tdentify crtttcal needs and barriers Assess chtM abuse preventton system and develop tmprovement strategtes Assess the impact of an agtng populatton on human servtces needs Undertake a commumty health survey DEVELOP OR F/ICILIT/I TE THE DEVELOPMENT OF SER VICES TO ADDRESS IDENTIFIED NEEDS /ireas where gaps in services exist: Transportatton servtces ChtM and youth servtces Servtces for Sentors Quahty, affordable houstng opportuntttes Preventton of chdd abuse Health servtces for tn&gent citizens Servtces to special educatton graduates Crisis Residential Alternatives for people not meettng mental health commttment crtterta CONCLUSION$ There are opportuntttes to tncrease revenue and tmprove servtces Planntng and actton wall focus on those ttems presented today Acttons to expand servtces wdl be studted and proposed tn the context of the overall goals for the Plan and the Ctty as a whole Our work ts ongotng and crtttcal factors, such as the acttons of the Federal and State governments, may require changes tn plans The development ora complete plan ts proceedtng, update wtll be provtded, and gutdance or approval sought, as approprtate to the tssue 2uly l, 2oos -7- AGENDA RE VIE W SESSION ITEM # $1565 J 5 Resolution to AUTHORIZE the Ctty Manager to issue a Request For Proposal (RFP) and A WARD an exclustve contract for beverage vending machines on Ctty property Thts ttem shall be DEFERRED to the Ctty Counctl Sesston of August 5, 2003, to notify all the Ctty Employees relattve the proposal by the Member Update newsletter, whtch can be accomphshed wtthtn a day Not all ctty employees have e-mad ITEM # 51366 BY CONSENSUS, the followmg shall compose the CONSENT AGENDA: ORDINANCES/RES OL UTIONS J I Ordmances to AMEND the Ctty Code: ~3~ 30-57 and 30-59 re the Erosion and Sediment Control Law defintng "Land Disturbing Activity" and to allow for the watver of responstble land dtsturbers tn certatn sttuattons b ~ 2- 78 re backgroundinvestigations ofapphcantsfor pubhc employment and volunteer positrons J2 Ordtnance to ACCEPT and APPROPRIATE addtttonal federal revenue to the Department of Housing and Neighborhood Preservation and tncrease the federal revenue accordtngly re a $94,482 re HOME housing assistance b $53,000 re housing opportunitiesforpeople with AIDS J3 Ordtnance to AUTHORIZE the acqutsttton of 6 724 acres of property on the west stde of Centervtlle Turnptke, north of Kempsvtlle Road for $850,000 from WILLIAMS HOLDING CORP. and MICHAEL D. SIFEN, INC. re the Ctty's OPEN SPACE tntttattve J4 Ordtnance to APPOINT three (3) viewers for one-year terms begtnmng duly I, 2003, re closures of Ctty streets and alleys J5. Resolutton to AUTHORIZE the Ctty Manager to tssue a Request For Proposal (RFP) and A WARD an exclustve contract for beverage vending machines on Ctty property Item J 5 shall be DEFERRED, BY CONSENT, untzl the Ctty Counctl Sesston of August 5, 2003 July 1, 2003 -8- AGENDA RE VIE tV SESSION ITEM # 51367 K 4. Apphcatton of Rtt BUILDERS, INC. for a Change of Zomng Dtstrtct Class~ficatton#om B-2 Commumty Bustness Dtstrict to Condtttonal A-24 Apartment Dtstrtct on the west stde of Centervtlle Turnptke, north of Kempsvdle Road (DISTRICT 1 - CENTER VILLE) Counctl Lady Eure advtsed only 'half of the project conststtng of 190 umts would be developed at the present ttme The butld-out wtll be wtthtn the next ten years In the tntertm, the budders are agreeable to coordtnate wtth the Ctty re property to develop the park Mayor Oberndorf and Counctl Lady McClanan wtll vote NAY Counctl Lady Wtlson wtll ABSTAIN ITEM # 51368 K5 Apphcation of HOME ASSOCIA TES OF VIRGINIA, INC. on the north stde of Shore Drtve, between Powhatan Avenue and Albemarle Avenue (DISTRICT 4 - BA YSIDE) Change of Zontng Dtstrtct Classtficatton from B-2 Communtty Bustness Dtstrtct to Condtttonal B-4 Resort Commerctal Dtstrtct b Con&ttonal Use Permit for multtple famdy dwelhngs and office space tn the B-4 (SD) Resort Commerctal Dtstrtct Assoctate City Attorney Kay Wtlson dtstrtbuted the Proffers, whtch were not included tn Ctty Counctl Agenda Mayor Oberndorf referenced numerous phone calls from Baylake Pines Civic League The Ctty Clerk chstrtbuted the revtsed elevattons. Thts ttem wtH be chscussed tn FORMAL SESSION ITEM # 51369 BY CONSENSUS, the following shah compose the PLANNING BY CONSENT AGENDA: K1 Request of the CATHOLIC DIOCESE OF RICHMOND (approved Aprd 8, 2003) to EXTEND the time for comphance re chsconttnuance, closure and abandonment of a portton of Arcttc Crescent at Arcttc Ctrcle and 14th Street at Lot J (DISTRICT 1 - BEACH) K2 Apphcatton of A. O.S. PROPERTIES, L.L.C. at the west stde of Salem Road, south of Htghland Drtve for a Vartance to 3q 4 4(b) of the Sub&vtston Or&nance, that reqmres all newly created lots meet the requtrements of the Ctty Zomng Ordtnance (CZO) to create two(2) restdenttal lots (DISTRICT 7- PRINCESS ANNE) July 1, 2003 -9- AGENDA RE VIEW SESSION ITEM # 51369 (Continued) K3 K4 K6 Apphcatton of VIRGINIA BEA CH BIBLE MISSIONARY CHURCH for a Condtttonal Use Permtt for a church tn an extsttng shopptng center at 676-B North Wttchduck Road (DISTRICT 4- BA YSIDE) Applicatton of RH BUILDERS, INC. for a Change of Zontng Dtstrtct Classtficatton from B-2 Commumty Bustness Dtstrtct to Condtttonal A-24 Apartment Dtstrtct on the west stde of Centervtlle Turnptke, north of Kempsvdle Road (DISTRICT 1 - CENTER VILLE) Apphcattons of CITY OF VIRGINIA BEACH: AMEND 3~ 217 of the City Zomng Ordtnance (CZO) re ctvtl penalttes for vtolattons of the sign regulations AMEND 3~ 10 1 of the Subchvtston Ordinance re penalties for violations of the subdivision regulations AMEND ~ 215 of the Ctty Zontng Ordtnance (CZO) re abandoned non-conforming signs Counctl Lady Wtlson will ABSTAIN on Item K 4 Mayor Oberndorf and Counctl Lady McClanan wtll vote NAY on Item K 4 tuly 2003 - 10- CITY COUNCIL LIAISON REPORTS 2:43 P.M. ITEM # 513 70 Councdman Maddox, Liaison to the Hampton Roads Planning District Commission, advtsed rtdershtp on the WA VE for the first seven (7) weeks of the Summer ts up 53% 45,000 more tndtvtduals rode the system than last year for the first seven (7) weeks of the Summer There are three routes Atlanttc Avenue, Martne Sctence Museum/Camp Ground south on General Booth Boulevard and Lynnhaven Mall Mayor Oberndorf referenced concern of the Spectal Commumty relattve the HRTad tn the Vtrgtntan-Ptlot Counctlman Maddox advtsed the book of ttckets for frequent bus rtders ts $35 and will be increased to $50. The current rate orS1 50 per bus ttcket wtll not tncrease There wtll be two Pubhc Heartngs concerntng these fares July 1, 2003 -11- COUNCIL COMMENTS 2:50 P.M. ITEM # 513 71 Mayor Oberndorf &strtbuted a Resolutton expresstng Ctty Counctl's concern about the downgrading of the Trauma Center and Emergency Services at Sentara Virginia Beach General Hospital Thts Resolutton had also been faxed to all Members of City Counctl Donald Clark, Chatrman of the Sentara Board, durtng the Ctty Counctl Sesston of June 24, 2003, advtsed on Friday, June 27, 2003, at 7:00 A.M. the destgnatton of the Trauma Center at Sentara Vtrgtnta Beach General Hospital wtll be changed from Level H to Level III This actton was unantmously approved Monday, June 23, 2003, at the monthly meettng of the Sentara Board of Dtrectors Mayor Oberndorf referenced many ctttzen concerns. Mayor Oberndorf ts concerned relattve the lack ora posstble plan deahng wtth mass casualties Level III ss the lowest trauma destgnatton tn Vtrgtnta, and such facthttes are not required to provtde tmmedtate trauma servtces by neurosurgeons or orthopedtc surgeons that may be needed tn cases of severe tnjurtes Thts Resolutton requests the Ctty's delegation to the General Assembly of Vtrgtnta, on behalf of the ctttzens of Vtrgtnia Beach, revtew the untlateral acttons of the Board of Dtrectors of Sentara Healthcare and to asstst the Ctty Counctl tn seetng restoratton of the Level II trauma servtces wtthtn the Ctty of I/trgtnta Beach Thts Resolutton authortzes the Mayor to request the Governor and the State Health Commtsstoner to conduct an tnqutry tn the untlateral downgrachng of the Trauma Center wtthout state/governmental overstght and wtthout any pubhc accounting Councdman Dtezel, advtsed thts charge ss under the ausptces of the local planmng emergency commtttee and ts being addressed by local and State offictals under mass casualties scenartos There ss an assumptton the enttre system tn Tidewater could be overloaded Mayor Oberndorf and Councdman Maddox referenced the correspondence of Dr Mttchell B Miller, Coastal Family Practice, relative opposttion to the Trauma III destgnation Dr Mttchell noted loss of stgntficant servtces and pattent care since the merger Dr Miller charred the Department of Famtly Practtce at Vtrgmta Beach General Hospttal tn 1984-1985 and agatn tn 1998-1999, served as the Dtrector of Quahty Assurance (1989 and 1990). Prestdent of the Mechcal Staff tn 1991, Prestdent of the Vtrgtnta Beach Medical Soctety, Prestdent of the Vtrgtnta Academy of Famtly Phystctans and currently serves as Prestdent-Elect of the Me&cai Soctety of Vtrgtnta The correspondence of Dr Marttn O'Grady, Prestdent of the Me&cal Staff- Sentara Vtrgtnta Beach General Hospital, also referenced the importance of Level II Trauma Counctl Members expressed chsappotntment wtth Sentara and concurred wtth the Resolutton Counctlman Reeve referenced the phystctans have requested $1,000 per 24-hour pertod to be on call Sentara, durtng the negottattons, agreed to $750 per 24-hour pertod Thts dtfference of $250 per day amounts to approxtmately $91,000, and thts was the one factor whtch prompted thts dectston BY CONSENSUS, this Resolutton shall be ADDED TO the Formal Sesston wtth an Amendment authortztng two members of Ctty Counctl to serve as Ltatsons July 1, 2003 - 12- ITEM # 513 72 Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Ctty Councd Conference Room, Ctty Hall Butldtng, on Tuesday, July 1, 2003, at 3 27 PM Council Members Present Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Councd Members Absent None July 1, 2003 - 13- ITEM # 513 73 Mayor Meyera E Oberndorf entertained a motton to permit Ctty Councd to conduct tts CLOSED SESSION, pursuant to Sectton 2 ]-344(A), Code of g~rgm~a, as amended, for the followmg purpose' PERSONNEL MATTERS Dtscusston, constderatton or tntervtews of prospecttve candtdates for employment, asstgnment, appotntment, promotion, performance, demotton, salartes, chsctphntng, or resignation of spectfic pubhc officers, appotntees, or employees pursuant to Sectton 2 2-3 711 (A) (1) To W~t' Appotntments Boards and Commtsstons Arts and Humantttes Commtsston Beaches and Waterways Commtsston Hampton Roads Economic Development Alliance Hampton Roads Planntng Dtstrtct Commtsston Parks and Recreatton Commtsston Performing Arts Theatre Advisory Committee Pubhc Ltbrary Board Shore Drive Advtsory Commtttee Towtng Advtsory Board Youth Servtces Coordtnattng Counctl Annual Revtew of Performance of Councd Appotntees PUBLICL Y-HELD PROPERTY Dtscusston or constderatton of the acqutsttton of real property for a pubhc purpose, or of the disposttton of publicly-held real property, where discussion tn an open meeting would adversely affect the bargatntngposttton or negottattng strategy of the pubhc body pursuant to Sectton 2 2-3711(A)(3) Acqmsttton/Dtsposttton of Property - Baystde Dtstrtct - Beach Dtstrict - Centervdle Dtstrtct - Lynnhaven Dtstrtct Upon motton by Vtce Mayor Jones, seconded by Councdman Wood,, Ctty Councd voted to proceed tnto CLOSED SESSION. Vottng 11-0 Councd Members Voting Aye' Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wilson and James L Wood Councd Members Voting Nay None Counctl Members Absent None (Personal Recess 3 30 P M - 3 45 P M) (3:45 P.M. - 6:00 P.M. ) July 1, 2003 - 14- FORMAL SESSION VIRGINIA BEA CH CITY CO UNCIL July 1, 2003 6:00 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Counctl Chamber, Ctty Hall Buddtng, on Tuesday, July 1, 2003, at 6 O0 P M Councd Members Present Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jim Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wdson and James L Wood Counctl Members Absent None INVOCATION Reverend Thomas J Conant Chrtsttan Chapel Assembly of God PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Reverend Conant prayed for the comfort and protectton of Pohce Officer Rodney F Poccescht 's wife and chtld, to watch over and asstst them through the dtfficult days ahead July 1, 2003 Item V-E. - 15- CER TIFICA TION OF CLOSED SESSION ITEM # 513 74 Upon motion by Counctlman Reeve, seconded by Vtce Mayor Jones, City Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc bustness matters lawfully exempted from Open Meettng requtrements by Vtrgtnta law were dtscussed tn Closed Sesston to whtch thts certtficatton resolutton apphes, AND, Only such pubhc bustness matters as were tdenttfied tn the motton convemng the Closed Sesston were heard, dtscussed or constdered by Vtrgtnta Beach Ctty Counctl Voting l l-O Councd Members Vottng Aye Harry E Diezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E. Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva Rosemary Wdson and James L Wood Counctl Members Vottng Nay' None Counctl Members Absent None July 1, 2003 ~o~ OUR 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 # 51373, page 13, and m accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2 2-3 711 (A) of the Code of Vlrglma 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 pubhc business matters lawfully exempted from Open Meeting requirements by V~rglma law were d~scussed ~n Closed Session to which this certfficatlon resolution apphes; and, (b) only such public bus~ness matters as were identified ~n the motion convemng this Closed Session were heard, d~scussed or considered by V~rglma Beach C~ty Councd. -..l(uth Hodge~"Sm~th, MMC City Clerk July 1, 2003 -16- Item V-F. 1. MINUTES ITEM # 513 75 Upon motton by Councdman Maddox, seconded by Counctlman Reeve, Ctty Counctl APPROVED the Mtnutes of the INFORMAL and FORMAL SESSIONS of June 24, 2003, and the SPECIAL FORMAL AND CLOSED SESSIONS of June 17, 2003. Vottng' 11-0 Counctl Members Voting Aye. Harry E. Dtezel, Margaret L. Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent' None July 1, 2003 -17- Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM # 513 76 BY CONSENSUS, Ctty Counctl ADOPTED: AGENDA FOR THE FORMAL SESSION July 1, 2003 - 18- Item V-H. 1. MA YOR 'S PRESENTATION ITEM # 513 77 Mayor Oberndorf RECOGNIZED: Miss Virginia Beach Lindsey Thomas The Mayor advised Ltndsey battled, overcame and ts now a Cancer survivor She has been a member of the Official for a Day and represented the Ctty very well tn the competmon for the Miss l&rgtnta Title tn Roanoke. Miss Thomas is a graduate of the Umverstty of Alabama She received the l/trgtma Pagents' Communtty Servtce Scholarshtp ($650) to attend the Untverstty of Tulsa Law School The Mayorpresented a token ofapprectatton and recogmtton to Mtss Thomas Mtss Thomas was accompanted by her mother, Fran, and Polly Pterce, the sponsor and chaperone of all the beauttful Mtss Vtrgtnta Beach contestants Mtss Pterce advtsed Ltndsey recetved $1,000 on the local level as well as $150 for betng a contestant tn the Mtss Vtrgtnta Pageant Ltndsey ts the Fortteth Mtss Vtrgtnta Beach July 1, 2003 - 19- Item V-H.2. ADD-ON ITEM # 513 78 RESOLUTION Upon motton by Councd Lady Wdson, seconded by Councdman Wood, Ctty Councd ADDED to the Agenda: Resolutton expressing Ctty Counctl's concern re the downgrading of the Trauma Center and Emergency Services at Sentara Virginia Beach General Hospital (from Level H to Level lid Voting 1 I-0 (By Consent) Councd Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wdson and James L Wood Council Members Voting Nay None Councd Members Absent None , uty 2oo - 20 - Item V-J. ORDINANCES/RES OL UTION ITEM # 513 79 Upon motton by Vtce Mayor Jones, seconded by Councd Lady Eure, Ctty Councd APPROVED IN ONE MOTION Ordtnances/Resolutton la~b, 2a/b, 3, 4 and 5 (DEFERRED) of the CONSENT AGENDA. Item 5 was DEFERRED, BY CONSENT, untd the Ctty Councd Sesston of August 5, 2003 Voting 11-0 (By Consent) Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, RtchardA Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and James L Wood Counctl Members Voting Nay None Counctl Members Absent None Counctl Lady Wilson DISCLOSED Pursuant to 3~ 2 2-3115(H) on Item 3 (WILLIAMS HOLDING CORPORATION AND MICHAEL D. SlFEN, INC.), her husband's accounttng firm, Goodman and Company, provtdes servtces to Mtchael D &fen, Inc , but her husband does not personally provtde servtces to that Corporation The Ctty Attorney has advtsed Council Lady Wtlson ts able to partlctpate tn the transactton fatrly, objecttvely and tn the pubhc tnterest Counctl Lady Wtlson 's letter of July 1, 2003, ts hereby made a part of the record July 2003 - 21 - Item V-J.l.a/b. ORDINANCES/RES OL UTION ITEM # 51380 Upon motton by Vice Mayor Jones, seconded by Counctl Lady Eure, Ctty Counctl ADOPTED: Ordtnances to AMEND the Ctty Code ~3~ 30-57 and 30-59 re the Erosion and Sediment Control Law definmg "Land Disturbing Activity" and to allow for the waiver of responsible land chsturbers tn certatn sttuattons b ~ 2- 78 re backgroundinvestigations ofapphcantsfor pubhc employment and volunteer postttons Votmg 11-0 (By ConsenO Council Members Voting Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Councd Members Vottng Nay None Council Members Absent None July 2oos 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE TO AMEND AND REORDAIN THE CITY CODE OF THE CITY OF VIRGINIA BEACH PERTAINING TO BACKGROUND INVESTIGATIONS OF APPLICANTS FOR PUBLIC EMPLOYMENT AND VOLUNTEER POSITIONS SECTION AMENDED: ~ 2-78 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That Section 2-78 of the City Code is hereby amended and reordained, to read as follows- Sec. 2-78. Background investigations of applicants for public ~_employment and volunteer positions. (a) In order to determine whether, in the interest of public welfare and safety, an applicant for public employment who is offered or accepts employment or a volunteer position with the city, including applicants for employment under contract with any city agency, may be disqualified from such employment or volunteer position by reason of a criminal record, the director of human resources or his designee shall request from the Virginia Central Criminal Record Exchange a criminal record check of each applicant for city employment, each applicant employment under contract with any city agency, and each applicant for city volunteer service whose anticipated duties or responsibilities will involve (i) access to public records or to personal information as defined in Code of Virginia section -2~ 2.2-3801, (ii) accountability for public funds, (iii) access to city supplies, (iv) entry into secured areas outside of working hours, (v) right of entry onto private property, ~r (vi) child care or assistance to the elderly 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 or disabled, or (vii) service with either the police department, fire department or emerqency medical services department. (b) In addition, in the interest of public welfare and safety, the director of human resources or his designee shall require any applicant who is offered or accepts employment with the city or who is offered or accepts a volunteer position with either the police department, fire department or emergency medical services department to submit to finqerprinting and to provide personal descriptive information to be forwarded alonq with the applicant's finqerprints throuqh the Central Criminal Record Exchange to the Federal Bureau of Investigation for the purpose of obtaininq criminal history information reqarding such applicant. Where authorized under the provisions of Code of Virqinia section 15.2-1503.1, the city may require such applicants to pay for the cost of finqerprintinq or a criminal records check, or both. ~k~(c) Criminal history information considered in accordance with this section shall include outstanding warrants, pending criminal charges and records of conviction. Records of dispositions which occurred while an applicant was considered a juvenile shall not be referenced unless authorized by court order, federal regulation or state statute authorizing such dissemination. A~-~r(d) Any applicant who is denied employment or rejected as a volunteer on the basis of an investigation summary obtained in accordance with this section may inspect that summary for the 53 54 55 56 57 58 purpose of clarifying, explaining or denying the information therein. ~nU~(e) The criminal history information provided in accordance with this section shall be used solely to assess eligibility for public employment or service, and shall not be disseminated to any person not involved in the assessment process. 59 60 61 This ordinance will be effective on July 1, 2003. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 1st day of July, 2003. CA-8893 stsiouts/wp/work/KDR/Sec.2-78.ord.wpd R6 June 26, 2003 VIRGINIA ACTS OF ASSEMBLY-- 2003 SESSION CHAPTER 742 An Act to amend the Code of Vtrgtnta by addtng a sectton numbered 15 2-1503 1, relatmg to background checlc~ for certatn employees and hcensees Approved March 19, 2003 [H 2373] Be it enacted by the General Assembly of Virginia: 1. That the Code of Virginia is amended by adding a section numbered 15.2-1503.1 as follows: 3~ 15 2-1503 1 Background checks requtred for certatn employees and hcensees Any locahty havmg a local ordinance adopted tn accordance wtth ~ 19 2-389 shall requtre any (t) apphcant who ts offered or accepts employment wtth the locahty or fit) prospecttve hcensee for any categortes of hcense destgnated by ordinance to submtt to fingerprtntmg and to provtde personal descrtpttve tnformatton to be forwarded along wtth the apphcant's or hcensee's fingerprints through the Central Crtmmal Records Exchange to the Federal Bureau of Investtgatton for the purpose of obtaining crtmmal htstory record tnformatton regardtng such apphcant or hcensee Such apphcant or hcensee shall pay the cost of the fingerprtntmg or a crtmmal records check or both The Central Crtmmal Records Exchange, upon recetpt of an apphcant's or hcensee's record or nottficatton that no record extsts, shall make a report to the county, ctty or town manager, or chtef law-enforcement officer or hts destgnee, who must belong to a governmental enttty If an apphcant ts dented employment or a hcensee ts dented a hcense because of the tnformatton appearing tn hts crtmmal htstory record, the locahty shall nottfy the apphcant or hcensee that mformatton obtamed from the Central Crtmmal Records Exchange contrtbuted to such dental The mforrnatton shall not be dtssemmated except as provtded for tn thts sectton VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE Date: April 30, 2003 To; From.' SubJect' Department Directors Mary ~xusso & Susie Walston Co-Leaders of Volunteer Council Crirmnal Record Check Process for Volunteers After research by our Recruitment and Referral Committee and discussion by the Steering Committee, effective June 1, 2003 criminal history record checks will be conducted for all new volunteers. Human Resources supports th~s decision and will assist us in coordinating these checks. We are providing the attached process steps as gmdance for ~ncorporating criminal background checks into your current volunteer placement process. By ordinance, we conduct State criminal record checks for all candidates who are offered City employment, including those filling permanent, part-time and temporary services positions. Volunteers who work in certain types of positions should also receive State checks. City Code Section 2-78 authorizes the Director of Human Resources to request state criminal history record checks for... "volunteers, whose duties ~nvolve (i) access to public records or to personal information as defined in Code of Virginia Section 2.1-379, (ii) accountability for public funds, (iii) access to city supplies, (iv) entry into secured areas outside of working hours, (v) right to entry ~nto private property, or (vi) child care or assistance to the elderly or disabled." Local Virginia Beach checks will be conducted on all other volunteers. There are no records in the Police Department for juvenile offenses; a department must make a request for information directly through the Juvenile Court System. The State Police require a $15.00 fee to conduct the record check. The fee will be charged to your departmental budget. There ~s no fee for the local check conducted by the V~rg~nia Beach Police Department. We will also be forwarding a copy of this memo and the necessary forms to the Volunteer Coordinator ~n your department. The volunteer coordinators will be ~nstrumental ~n ~nsunng that this process is ~mplemented 0f a process is not already in practice) within their department. If you have any questions or feel that you need more ~nforrnation, please contact Mary Russo at 427-4722, Susie Walston at 427-5626, or Cecelia Slade at 563-11.72. - - Attachments. Copy: Volunteer Coordinators Guidelines Regarding Criminal Record Check Reports for Volunteers- April 2003 Criminal record checks will be conducted for all City Volunteers as follows: (1) A State criminal record check will be conducted for all volunteers, whose duties involve (i) access to public records or to personal information as defined in Code of Virginia Section 2.1-379, (ii) accountability for public funds, (iii) access to city supplies, (iv) entry into secured areas outside of working hours, (v) right to entry into private property, or (vi) child care or assistance to the elderly or disabled." (2) A local Virginia Beach cnminal record check will be conducted for all other volunteers. (3) A check must be done on all juveniles who plan to work as supervisors of other juveniles. Since there are no records in the Police Department for juvenile record checks, a department must make a request for information directly through the Juvenile Court System. The criminal record checks will be processed through Human Resources except for those departments who currently have processing agreements with the Police Department. Section 1 of the State Criminal History Record Request form will need to be completed with the full name (no initials) by the volunteer, signed, and notarized. In the upper right hand corner write the word "volunteer", your department name, budget code and a contact person. (Copies of the State Criminal History Record Request form and the VBPD Criminal Record Information Request form are attached) · The cost per State request is $15.00. Using a centralized process, Human Resources will process the invoices and each departmental budget will be charged accordingly. · There is no charge for local criminal record checks. Volunteers placed prior to receiving results of the criminal record check must sign the Statement of Certification Form. Signature on this form indicates that the volunteer understands he/she will be released if the search results produce an "unacceptable" report. Information obtained from the criminal records check is confidential Supervisors will be notified of results (either an "okay" or "need to make an appointment to review"). Information may only be discussed with the volunteer coordinator, the supervisor involved in the placement process, and the volunteer. Coordinators, supervisors, and volunteers may view records in the Staffing and Compensation Services office. No copies of the report may be made. Beyond a "yes" or "no" to verify that the applicant ~nformatlon is correct, specific criminal history information may not be verified or discussed on the phone, over radio, etc. · All parties involved are responsible for confidentiality of these records. Human Resources is responsible for the destruction of records immediately after viewing. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE TO AMEND THE EROSION AND SEDIMENT CONTROL LAW REGARDING THE DEFINITION OF "LAND DISTURBING ACTIVITY" AND TO ALLOW FOR THE WAIVER OF RESPONSIBLE LAND DISTURBERS IN CERTAIN SITUATIONS SECTIONS AMENDED· ~§ 30-57 AND 30-59 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That Sections 30-57 and 30-59 of the City Code are hereby amended and reordained, to read as follows' Sec. 30-57. Definitions. · . · Land-disturbing activity means any land change which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands in the city, including, but not limited to, clearing, grading, excavating, transporting, and filling of land, except that the term shall not include· · · . (12) Shore erosion control projects on tidal waters when the projects are approved by the wetlands board of the City ' gi i ~'~---~-~ ...... ~-- ~ .......... of Vzr n a Beach, the v~~,~ L-~=~= ~=ouu~=~ Co~,ission or the U.S. Army Corps of Engineers; Shoreline erosion control projects on tidal waters when all of the land disturbing activities are within the regulatory authority of and approved by the wetlands board of the City of Virginia Beach, the Marine Resources Commission or the United States Army Corps of Engineers; however, 29 any associated land that is disturbed outside of this 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 exempted area shall remain subject to this article and the requlations adopted pursuant thereto; Sec. 30-59. Approved plan required for issuance of grading, building or other permits; security for performance. (a) Prior to the issuance of any grading, building or other permit for activities involving land-disturbing activities, the applicant shall submit an application with an approved erosion and sediment control plan and certification that the plan will be followed. In addition, as a prerequisite to approval of the plan engaging in the land-disturbing activity as shown on the approved plan, permit or agreement in lieu of a plan, the person responsible for carrying out the plan or agreements in lieu of a plan shall provide the name of a responsible land disturber, who will be in charge of and responsible for carrying out the land-disturbing activity. Failure to provide the name of a responsible land disturber prior to engaqing in land disturbing activities may result in revocation of the plan approval, and the person responsible for carrying out the plan shall be subject to the penalties provided in this article. However, the planning department may waive the requirement for an agreement in lieu of a plan for construction of a sinqle-family residence to provide the name of a responsible land disturber. If 55 56 57 58 59 60 61 62 63 a violation occurs during the land-disturbing activity, then the person responsible for carrying out the agreement in lieu of a plan shall correct the violation and provide the name of a responsible land disturber. Failure'to provide the name of a responsible land disturber shall be a violation of this article. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 1st day of July, 2003. CA-8928 DATA/ORDIN/PROPOSED/30-057&59ord.wpd RI June 19, 2003 Item V-J.2. - 22 - ORDINANCES/RESOL UTION ITEM # 51381 Upon motton by Vice Mayor Jones, seconded by Counctl Lady Eure, Ctty Council ADOPTED: Ordtnance to ACCEPT and APPROPRIATE addttional .federal revenue to the Department of Housing and Neighborhood Preservation and tncrease the federal revenue accordingly re a $94,482 re HOME housing assistance b $53,000 re housing opportunities for people with AIDS Voting 1 I-0 (By ConsenO Councd Members Vottng Aye Harry E Dtezel, Margaret L. Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wdson and James L Wood Councd Members Vottng Nay' None Counctl Members Absent None July 1, 2003 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELO~ WASHINGTON, D.C. 20410-7000 March 4, 2003 The Honorable Meyem E. Oberndorf Mayor of Virginia Beach Princess Anne Executive Park Municipal Center, Building 1 Virginia Beach, VA 23456 Dear Mayor Obemdorf: I am pleased to inform you that the fiscal year 2003 budget for the Department of Housing and Urban Development has been passed. Therefore, I am also pleased to provide your fiscal year 2003 full-year allocations for the Office of Community Planning and Development's (CPD) four formula programs: Community Development Block Grants (CDBG); HOME Investment Parmerships; Housing Opportunities for Persons with AIDS; and Emergency Shelter Grants The American Dream Downpayment Initiative was also funded as part of the fiscal year 2003 budget and information on the proposed formula allocation of these funds will be provided to you separately. H UD's budget is included in the "Consolidated Appropriations Resolution" for fiscal year 2003, which dictates an across-the-board reduction of 0.65 percent. According to the law, the Department is required to reduce each program contained in the Act, with only a few exceptions, by that amount. CPD's formula progrmns are not exempt from this cut. The allocations below have already been reduced to reflect this requirement. Also, the amounts reflect reallocations funds in the CDBG and HOME programs. The following amounts represent your total fiscal year 2003 allocation(s): Community Development Block Grant HOME Investment Parmerships Housing Opportunities for Persons with AIDS Emergency Shelter Grants $3,090,000 $1,527,482 $1,206,000 $103,000 Some early grantees were offered and accepted partial allocations that were made available before HUD's budget was enacted. If you chose to accept a partial allocation and submitted an action plan and HUD Form 424 that reflects different amounts, you will need to revise these to ma~ch the allocations above. You will then receive an amended grant agreement for the difference. · I look forward to continuing our partnership to assist lower income residents in your community. As always, HUD is available to provide any assistance you require in implementing your progmn~. If you or any member of your staff has questions concerning this matter, please contact your local CPD Division Director. Sincerely, Roy A. Bernardi Assistant Secretary AN ORDINANCE TO ACCEPT AND APPROPRIATE $53,000 OF ADDITIONAL FEDERAL REVENUE TO THE FY 2003-04 OPERATING BUDGET OF THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION FOR THE HOUSING OPPORTUNITIES FOR PEOPLE WITH AIDS PROGRAM 10 11 12 13 14 15 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $53,000 of federal revenue from the Department of Housing and Urban Development is hereby accepted and appropriated to the FY 2003-04 Operating Budget of the Department of Housing and Neighborhood Preservation for the Housing Opportunities for People With AIDS program, with federal revenues increased accordingly. 16 17 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 day of July , 2003. CA-8924 Ordin/Noncode/HOPWAord. wpd R-2 June 18, 2003 Approved as to Content- Management Services ~ Approved as to Legal Sufficiency- U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, D C 20410-7000 March 4, 2003 The Honorable Meyera E. Oberndorf Mayor of Virginia Beach Princess Anne Executive Park Municipal Center, Building 1 Virginia Beach, VA 23456 Dear Mayor Oberndorf: . ,, MAR 11 20u,.,, ..._, } I ,r'rr'r ,.' ru:. M/~ "' " ,. ' BL ,~ I am pleased to inform you that the fiscal year 2003 budget for the Department of Housing and Urban Development has been passed. Therefore, I am also pleased to provide your fiscal year 2003 full-year allocations for the Office of Community Planning and Development's (CPD) four formula programs: Community Development Block Grants (CDBG); HOME Investment Parmerships; Housing Oppommities for Persons with AIDS; and Emergency Shelter Grants The American Dream Downpayment Initiative was also funded as part of the fiscal year 2003 budget and information on the proposed formula allocation of these funds will be provided to you separately. HUD's budget is included in the "Consolidated Appropriations Resolution" for fiscal year 2003, which dictates an across-the-board reduction of 0.65 percent. According to the law, the Department is required to reduce each program contained in the Act, with only a few exceptions, by that amount. CPD's formula programs axe not exempt from this cut. The allocations below have already been reduced to reflect this requirement. Also, the amounts reflect reallocations funds in the CDBG and HOME programs. The following amounts represent your total fiscal year 2003 allocation(s): Community Development Block Grant $3,090,000 HOME Investment Partnerships $1,527,482 Housing Oppomm~ties for Persons with AIDS $1,206,000 Emergency Shelter Grants $103,000 Some early grantees were offered and accepted partial allocations that were made available before HUD's budget was enacted. If you chose to accept a partial allocation and submitted an action plan and HUD Form 424 that reflects different amounts, you will need to revise these to match the allocations above. You wall then receive an amended grant agreement for the difference. · I look forward to continuing our partnership to assist lower income residents in your community. As always, HUD is available to provide any assistance you require in implementing your programs. If you or any member of your staff has questions concerning this matter, please contact your local CPD Division Director. Sincerely, Roy A. Bemardi Assistant Secretary Item V-J.3. - 23 - ORDINANCES/RES OL UTION ITEM # 51382 Upon motton by Vice Mayor Jones, seconded by Counctl Lady Eure, Ctty Counctl ADOPTED: Or&nance to AUTHORIZE the acquisttton of 6 724 acres of property on the west side of Centervtlle Turnpike, north of Kempsville Road for $850,000 from WILLIAMS HOLDING CORP. and MICHAEL D. SIFEN, INC. re the Ctty's OPEN SPACE tntttattve Voting 11-0 (By Consent) Council Members Vottng Aye Harry E. Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S. McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood Councd Members Voting Nay None Councd Members Absent None Counctl Lady Wtlson DISCLOSED Pursuant to 6~ 2 2-3115(H) on Item 3 (WILLIAMS HOLDING CORPORATION AND MICHAEL D. SIFEN, INC.), her husband's accounttng firm, Goodman and Company, provtdes servtces to Mtchael D &fen, Inc , but her husband does not personally provtde servtces to that Corporatton The Ctty Attorney has advtsed Councd Lady Wtlson ts able to parttctpate tn the transactton fatrly, objecttvely and tn the pubhc mterest Counctl Lady Wtlson's letter of July 1, 2003, ts hereby made a part of the record July 2003 ORDINANCE NO. AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF APPROXIMATELY 6.724 ACRES OF PROPERTY LOCATED ON THE WEST SIDE OF CENTERVILLE TURNPIKE, NORTH OF KEMPSVILLE ROAD FOR $850,000 FROM WILLIAMS HOLDING CORP. AND MICHAEL D. SIFEN, INC. WHEREAS, Williams Holding Corp. owns 6.724 acres of real estate located on the 3. 0 west side of Centerville Turnpike, north of Kempsville Road (the "Property"), and Michael 13. D. Sifen, Inc, is a contract purchaser for the Property; 12 WHEREAS, the City's Open Space Subcommittee has identified the Property as a parcel to be considered for acquisition as part of the City's open space initiative, and has recommended that the Property be acquired for such purposes; 3.5 WHEREAS, the City staff has negotiated an agreement to purchase the Property 16 for $850,000; 17 WHEREAS, the C~ty Council of the C~ty of V~rg~nia Beach, V~rgin~a (the "C~ty 3. 8 Council") is of the opinion that the acquisition of the Property would further the C~ty's open space ~nitiative, and 20 WHEREAS, funding for this acquisition is available in the Open Space Acquisition 21 ClP account (ClP 4-004). 22 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 23 VIRGINIA: 24 25 26 27 28 29 30 31 32 33 34 1. That the City Council authorizes the acquisition of the Property shown on Exhibit A attached hereto. 2. That the City Manager or his designee is authorized to execute on behalf of the City of Virginia Beach, a Purchase Agreement for the Property, for the sum of $850,000 and in accordance w~th the terms contained in the Purchase Agreement. 3. That the City Manager or his designee is further authorized to execute all documents that may be necessary or appropriate in connection with the purchase of the Property, so long as such documents are acceptable to the City Manager and the C~ty Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the _.1_,s_¢._ day of July ,2003. CA-8912 F \Users\Walldej\WP\BZA\Slfen ord wpd date: June 17, 2003 R-1 APPROVED AS TO CONTENT: ~ublic Works/R~eal Estate APPROVED AS TO LEGAL ~:~ttor:ney ' 6 ',2~ '~,..~ APPROVED AS TO CONTENT: Exhibit "A" Landfiil #2 E.V. Williams Borrow Pit Proposed Acq 6.724 Acres Michael D. Sifen, Inc. CBN Student Housing r i I I I I i i I L--~_J C~ Pml~rl~ Owner- Wlllt~m Heldlng Carpe~len ~.__~Poro®l to b~ A~qulr~d Contr~ct-Purcha~r- Michael D $1f~n, PROPERTY PLAN FOR CI1~ VIEW' PARK & SURROUNDINO AREA crrf 0¢ V1RGINIA BEACH DEPARTMENT OF' PARKS & RECREATION DESIGN & DEVELOPMENT DIVISION 1455-75-7940 June 17 200.1 BRt, N~I PHELPS BRIAN PHELPS City of Virginia Beach ROSEMARY WILSON COUNCIL LADY - AT-LARGE PHONE (757) 422-0733 FAX. (757) 426-5a~ July 1, 2003 Mrs. Ruth Hodges Smith, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Dear Mrs. Smith: Re: Disclosure Pursuant to Code of Vlrgima § 2.2-3115(H) Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration. . I am executing this written disclosure regarding City Council's discussion and vote on the ordinance to authorize the acquisition of 6.724 acres of property on the west side of Centervflle Turnpike, north of Kempsville Road for $850,000 from Williams Holding Corp. and Michael D. Slfen, Inc. . A party to the transaction-Mmhael D. Sifen, Inc.-is a client of the accounting firm, Goodman and Company. My husband is a pnnclpal in Goodman and Company. 3. My husband does not personally provide services to Michael D. Sifen, Inc. . I am able to participate in this transaction fairly, objectively, and in the public ~nterest. . An additional party involved in the transactlon-Wllhams Holding Corp.-1S also a client of Goodman and Company, and my husband personally provides services to Williams Holding Corp. However, the City Attorney has advised me that Michael 310 53R[~STREET, VIRGINIA BEACH, VA 23451 Mrs. Ruth Hodges Smith -2- July 1, 2003 Re: Disclosure Pursuant to the State and Local Government Conflict of Interests Act D. Sifen, Inc. ~s the actual party ~n interest and ~t ~s not reasonably foreseeable that Williams Holding Corp. wxll reahze a d~rect or ~nd~rect benefit or detriment as a result of th~s transaction. Accordingly, I respectfully request that you record this declaration in the official records of C~ty Council. Thank you for your assistance and cooperation ~n this matter. Sincerely, Rosemary A. Wilson Councflmember RAW/RRI Enclosure - 24 - Item V-J. 4. ORDINANCES/RESOL UTION ITEM # 51383 Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, Ctty Counctl ADOPTED: Or&nance to APPOINT three (3) viewers for one-year terms begtnntng July 1, 2003, re closures of City streets and alleys Vottng 11-0 (By Consent) Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba $ McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay. None Counctl Members Absent None July 1, 2003 AN ORDINANCE APPOINTING THREE (3) VIEWERS FOR ONE-YEAR TERMS BEGINNING JULY 1, 2003, TO VIEW EACH STREET OR ALLEY PROPOSED TO BE CLOSED 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 WHEREAS, Section 33-111.2 of the City Code provides that "[t]hree (3) viewers shall be appointed each year to serve terms of one year beginning July 1 to view each and every street or alley proposed to be altered or vacated during the term"; and WHEREAS, it is the desire of City Council to appoint the Directors of the Departments of Planning, Public Works and Parks and Recreation to serve as viewers for one-year terms, beginning July 1, 2003, and ending June 30, 2004. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Director of Planning, the Director of Public Works and the Director of Parks and Recreation of the City of Virginia Beach are each hereby appointed as a viewer to serve a one-year term beginning July 1, 2003, and ending June 30, 2004, to view each and every application to close a street or alley, and to report in writing whether in their opinion, any, and if any, what inconvenience would result from discontinuing the street or alley or portion thereof. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day of July , 2003. CA-8886 ODIN \NONCODE \VIEWERS . wpd R-2 June 26, 2003 Approved as to Content: P1 anr~i'n~~pa'r menn Approved as to Legal Sufficiency: City Attorney's Office Item V-J. 5. - 25 - ORDIN21NCES/RES OL UTION ITEM # 51384 Upon motton by Vtce Mayor Jones, seconded by Councd Lady Eure, Ctty Councd DEFERRED until the City Council Session of August 5, 2003: Resolutton to AUTHORIZE the Cay Manager to tssue a Request For Proposal and 2t W21RD an exclustve contract for beverage vending machines on City property Vottng. 11-0 (By Consent) Councd Members Vottng Aye. Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood Councd Members Vottng Nay None Councd Members Absent None July l, 2003 -26- Item V-K. PLANNING ITEM # 51386 1. CA THOLIC DIOCESE OF RICHMOND EXTENSION OF TIME S TREE T CL OS URE (APPR O FED: 4/8/0 3) 2. A.O.S. PROPERTIES, L.L. C. SUBDIVISION VARIANCE 3. VIRGINIA BEACH BIBLE MISSIONARY CHURCH CONDITIONAL USE PERMIT 4. RH BUILDERS, INC. CONDITIONAL CHANGE OF ZONING 5. HOME ASSOCIATES OF VIRGINIA, INC. CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT 6. CITY OF VIRGINIA BEACH AMEND § 217 of the CZO re civil penalties for violations of the sign regulations AMEND § 10.1 of the Subdivision Ordinance re penalties for violations of the subdivision regulations AMEND § 215 of the CZO re abandoned non-conforming signs July 1, 2003 Item V-L. -27- PLANNING ITEM # $1587 Upon motton by Vice MayorJones, seconded by Counctl Lady Eure, Ctty Counctl APPROVED IN ONE MOTION Items 1, 2, 3 and 6a/b/c of the PLANNING BY CONSENTAGENDA. Vottng 11-0 (By ConsenO Counctl Members Vottng Aye' Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Councd Members Absent None July l, 2oos - 28 - Item V-L. 1. PLANNING ITEM # 51388 Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, Ctty Counctl EXTENDED COMPLIANCE TO JANUARY 8, 2004, re the apphcatton of CATHOLIC DIOCESE OF RICHMOND [approved July 9, 2002, with Condition #3 AMENDED on April 8, 2003] tn the matter of the disconttnuance, closure and abandonment ora portton of Arcttc Crescent Ordtnance upon apphcatton of Cathohc Dtocese of Rtchmond for the chsconttnuance, closure and abandonment of a portton of Arcttc Crescent begtnntng at the western boundary of Lot J and runntng east approxtmately 125 feet Said parcel contatns 2,304 square feet DISTRICT 6- BEACH The followtng conchttons shall be requtred The Ctty Attorney's Office wtll make the final determtnatton regardtng ownershtp of the underlytng fee The apphcant shall de&cate certatn rtght-of-way to the Ctty for Arcttc Crescent as deptcted on the Exhtbtts filed wtth the apphcatton. The net area of right-of-way being closed and vacated by the City, tn excess of the area of rtght-of-way betng dedicated to the Ctty by the apphcant wtll be purchased from the Ctty The purchase prtce to be pard to the Ctty shall be determtned accordtng to the "Pohcy Regarding Purchase of Ctty's Interest tn Streets Pursuant to Street Closures, "approved by Ctty Counctl Coptes of the pohcy are avatlable tn the Planmng Department The apphcant ts reqmred to re-subchvtde the property and vacate internal lot hnes to tncorporate the closed area tnto the adjotnmg parcels The plat must be submttted and approved for recordation prtor to final street closure approval The apphcant ts requtred to construct a cul-de-sac at the new termtnus of Arcttc Crescent at the western boundary of Lot J, and at the new terminus of Arctic Crescent, Arctic Circle and 14th Street at no cost to the Ctty of l/trgtnta Beach A constructton plan must be approved and bonded through the Development Servtces Center of the Planntng Departmentprtor to recordatton of the street closure plat On April 8, 2003, the City Council granted a request to reduce the area of closure Conchtton #3 was revtsed to reflect the reduced area as follows 3 The apphcant ts requtred to construct a cul-de-sac at the new termtnus of Arcttc Crescent, Arcttc Ctrcle and 14th Street at no cost to the Ctty of Vtrgtnta Beach A constructton plan must be approved and bonded through the Development Servtces Center of the Planntng Department prior to recordatton of the street closure plat July 2003 Item V-L. 1. PLANNING , - 29 - ITEM # 51388 (Continued) The apphcant ts requtred to vertfy that no prtvate utthttes extst wtthm the rtght-of-way proposed for closure Prehmtnary comments from the utthty compantes tndtcate that there are prtvate uttlittes (Virginta Power and Vtrgmta Natural Gas) wtthtn the rtght-of-way proposed for closure If prtvate utthttes do extst, easements satisfactory to the utthty company must be provided The apphcant shall apply for and obtain a conchttonal use permtt for a church for thts area prtor to recordatton of the street closure plat A 20-foot dratnage easement ts requtred along the northern portton of l 4th Street and Arcttc Crescent for the extsttng storm dratnage ptpe system A 20-foot Pubhc Utthty easement shall be dechcatedfor each utlhty located wtthtn the proposed street closures The extsttng utthttes are a 6-tnch water matn and 24-tnch gravtty santtary sewer Closure of the rtght-of-way shall be conttngent upon comphance of the above stated condtttons on or before January 8, 2004 If the condttions noted above are not accomphshed and the final plat ts not approved to close the right-of-way on or before January 8, 2004, thts approval shall be constdered null and votd Vottng 1 I-0 (By Consent) Council Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Voting Nay. None Counctl Members Absent None July 1, 2003 ORDINANCE NO. AN ORDINANCE EXTENDING THE DATE FOR SATISFYING CONDITIONS IN THE MATTER OF THE CLOSING, VACATING AND DISCONTINUING OF A PORTION OF ARCTIC CRESCENT AS SHOWN ON THAT CERTAIN PLAT ENTITLED "PLAT SHOWING PORTION OF ARCTIC CRESCENT TO BE CLOSED & VACATED BY CITY COUNCIL OF VIRGINIA BEACH" 10 11 12 13 14 15 16 17 18 WHEREAS, on July 9, 2002, the Council of the City of Vlrglma Beach acted upon the apphcatlons of the Cathohc Diocese of Richmond for the closure of poruon of Arctic Crescent; WHEREAS, on July 9, 2002 the Council adopted an Ordinances to close the aforesaid street, subject to certmn conditions being met on or before July 8, 2003; and WHEREAS, on April 8, 2003, the apphcant requested a modification of the area of the street closure. Said request was granted by the Council as ORD-2740Q, however the deadhne for conditions as estabhshed in the original ordinance adopted July 9, 2002 remained the same. WHEREAS, on July 1, 2003, the apphcants requested an extension of t~me to sansfy the condlt~ons attached to the aforesmd street closures. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' 21 22 GPINS: (Parcel adjacent to these pomons of street) 2427-16-5054-0000, 2427-15-5854-0000 and 2417-15-5054-0000 23 24 That the date for meeting con&Uons of closure as stated ~n the Ordinance adopted on July 9, 2002, 25 upon apphcatlon of the Cathohc D~ocese or Richmond, ~s extended to January 8, 2004. 26 27 Adopted by the Council of the City of Virginia Beach, V~rg~nia, on the 1 .~ day of July ,2003. 28 CA-8844 29 ORDINXNONCODE\StarOfSea.ord 30 Date: 06/03/03 31 R1 32 33 34 APPROVED AS TO CONTENT Planning Dep~fl~ment APPROVED AS TO LE~G~ C~ty Attorney's Office 5-Z1-03, 9,4~A~/,CITY aTTORNEY ,757 563 1167 # 2/ 2 WILLIAM C BI¢CHOFF MARK T DEL DIJCA BARBARA A, FULLER ME.LI$SA 5, IOTI-I KEVIIN E, MARTINGAYLE. KEEL.AN T PARKS MOODY ~., ~TALL~NG~, I~RANI~OIN IH ZEIGLE~ STALLINGS AND RICHARDSON¢ P.C. ATTORNEYS AND COUNSELOR.~ AT LAW ~1OI PARKS AV--F_..Ni.,IE PAVILION C~NTER' SUITE. PO BOX 1687 VIRGINIA BE.ACH, VIRGINIA 22451-4134 May 15, 2003 CITY OF '~)q;;~NIA BEACH FACSIMILE (757) Wallace Smith, Assistant City Attorney CITY ATTORNEY'S OFFICE ANNEX 2412 North Landing Road, Bmlding 20 Virginia Beach, VA 23456 RE' STAR OF THE SEA CATHOLIC CHURCH Our File No. :20326 Dear Wally: I spoke with Bruce Gallup who is revising the cul-de-sac plan for the Church's strcct closure which has been approved by Council. As you may know, this closure was originally approved in July of last year giving us until July of thts year to consummate the matter. However, my client elected to reduce the amount of street to be closed and we went back to City Council on April 8th of this year. · Mr. Gallup ts concerned that we will not be able to mcet the City's requirements and obtain app. roval of the cul-de-sac plan by the July 8th date and 1 would therefore request that we be grantea ~ six (6) m0-h h e n Sfor this purpose. If mis necessitates another appearance before Counc,, please advise m~'~-I~ill be happy to put the matter back on Council s docket if necessary. I look forward to hearing from you at your first convenience. Many thanks. YWRYttd cc Jean Choplinsky cc: Bruce Gallup ,~ trttly yours, //W.'Rachardson Catholic Diocese of Richmond Star o the Sea Catholic Church \, LAKE HOLLN Street Closure - Arctic Cresc. ZONING HISTORY 1 Conditional Use Rezonlng (R-5S Street Closure- 2 Conditional Use Conditional Use 3 Conditional Use Permit (Church / Additions)- Approved 4-12-94 Residential to RT-3 Resort Tourist)- Approved 6-9-92 Approved 3-10-92 Permit (Church / School Expansion) - Approved 5-9-95 Permit (School)- Approved 9-25-90 Permit (Parking Lot)- Approved 8-14-01 Conditional Use Permit Rezoning (R-3 Multiple Conditional Use Permit Conditional Use Permit Approved 4-11-00 Conditional Use Permit Approved 1-26-93 (50 unit Motel) - Approved 11-8-65 Family Residence to M-H Motel-Hotel) and (36 unit Motel)- Approved 8-10-64 (Recreational Facility of an Outdoor Nature)- (Recreational Facility of an Outdoor Nature)- 6 Conditional Use Permit (Parking Lot)- Approved 2-14-95 7 Street Closure- Approved 3-10-98 8 Conditional Use Permit (Recreational Facility of an Outdoor Nature)- Approved 5-26-92 9 Street Closure-Approved 5-8-01 - 30- Item V-L.2. PLANNING ITEM # 51389 Upon motion by Vtce Mayor Jones, seconded by Councd Lady Eure, City Councd APPRO VED apphcatton of A. O.S. PROPERTIES, L.L.C. for a Vartance to 3q 4 4(b) of the Subdtvtston Ordtnance, that requtres all newly created lots meet the requtrements of the Ctty Zomng Ordtnance (CZO) to create two(2) restdenttal lots Appeal to Dectstons of Admtmstrattve Officers tn regard to certatn elements of the Subdtvtston Or&nance, Sub&ws~on for A OS Properttes, L L C. Property ts located on the west stde of Salem Road, 1412feet south of H~ghland Drtve (GPIN 1484236788, -54 78, -5330, -8438) DISTRICT 7- PRINCESS ANNE The followtng condittons shall be requtred The proposed dwelhngs shall be located as shown on the prehmtnary resubdtvtston entttled "A 0 S. Properttes, LLC", dated November 2, 2001 and prepared by John E Sirtne and Assoctates, Ltd, as exhtbtted to the Ctty Counctl and on file tn the Planntng Department The drtveway for the proposed dwelhng on Parcel C-2 shall be located so as to mtntmtze chsturbance and~or fill wtthtn the l O0- year floodplatn where tt must cross thts area All land area withtn the l O0-year floodplain shall be shown on the final plat A note shall be shown on the final plat that states that the area wtthtn the lO0-year floodplatn shall be left tn a natural state and un&sturbed. No prtnctpal or accessory structures shall be allowed wtthtn thts area on Parcel C-I and Parcel C-2. Vottng 11-0 (By Consent) Councd Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None July 1, 2003 Item V-L. 3. - 31 - PLANNING ITEM # 51390 Upon motton by Vtce Mayor Jones, seconded by Councd Lady Eure, Ctty Councd ADOPTED an Ordmance upon apphcatton of VIRGINIA BEA CH BIBLE MISSIONARY CHURCH for a Condmonal Use Permtt ORDINANCE UPON APPLICATION OF VIRGINIA BEA CH BIBLE MISSIONARY CHUR CH FOR A CONDITIONAL USE PERMIT FOR A CHURCH R070331109 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of Vtrgtma Beach Bible Mtsstonary Church for a Condtttonal Use Permtt for a church on property located at 676-B North Wttchduck Road (GPIN 1477194707) DISTRICT 4 - BA YSIDE The following conchttons shall be requtred 1 The untt shall be usedforgroup gatherings only durmg evemngs between 600p m and 900p m and Sundays between 8 O0 a m and 900p m The apphcant shah obtain all the necessarypermtts, tnspecttons, and approvals from the Ftre Department and the Permtts and Inspecttons Dtvtston of the Planmng Department before occupancy of the buddmg A Certificate of Occupancy for the use shall be obtamed from the Permtts and Inspecttons Dtvtston of the Planntng Department 3 The use shall be admtmstrattvely revtewed on an annual basts Thts Ordtnance shall be effective tn accordance wtth Section 107 09 of the Zonmg Ordmance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Ftrst of July, Two Thousand Three July 1, 2003 - 32 - Item V-L. 3. PLANNING ITEM # 51390 (Continued) Vottng 11-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wdson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None July l, 2003 - 33 - Item V-L. 4. PLANNING ITEM # 51391 Attorney Edward Bourdon, Phone 499-8971, represented the apphcant, and advtsed the property ts surrounded by open space, currently owned by the Ctty Each unit has a one or two garage, drive atsles of 26 feet or wtder to meet wtth the Ftre Department's destgn recommendattons The project ts destgned stmtlar to the Vdlages At West Neck One 'half(190) of the 380 untts will be constructed now and the other 'half wtthtn ten (10) years F Andrew Heatwole, Prtnctpal- RH Budders, Inc ,owners of Tallwood Apartments, advtsed there was no project based Sectton 8 Housing at Tallwood Apartments The tndtvtduals are responstble for paytng thetr rent Thts ts the only Federal houstng project whtch ts not under the ausptces of HUD At the end of .fifteen years (15), there wdl not be any restrtcttons on the maxtmum tncome The followtng regtstered tn OPPOSITION: Cectle Tedesco, 1821 Roves Lane, Phone 479-2305, Treasurer- Charlestown Woods Ctvtc League, expressed concern re crtme Paul Hamaker, 1813 Barka&ng Court, Phone 479-3133, expressed concern re low tncome houstng and crtme Upon motton by Councd Lady Eure, seconded by CouncdmanJones, Ctty Councd ADOPTED an Or&nance upon apphcatton RH BUILDERS, INC. for a Conditional Change of Zomng ORDINANCE UPON APPLICATION OF RH BUILDERS, INC FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 COMMUNITY BUSINESS DISTRICT TO CONDITIONAL A-24 Z07032149 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of RH Budders, Inc for a Change qf Zontng Dtstrtct Classtfication from B-2 Communtty Bustness Dtstrtct to Condtttonal A-24 Apartment Dtstrtct on the west stde of Centervdle Turnpike, approximately 300 feet north of Kempsvdle Road (GPIN 1455820576) The Comprehenstve Plan recommends use of thts property for retad, servtce, office and other compattble uses DISTRICT 1 - CENTER VILLE The followtng condttton shall be required 1 An Agreement encompasstngproffers shall be recorded wtth the Clerk of Ctrcutt Court Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 (1) of the Zomng Ordtnance Adopted by the Councd of the Ctty of Vtrgmta Beach, Vtrgmta, on the Ftrst of July, Two Thousand Three July 1, 2003 Item V-L. 4. PLANNING - 34 - ITEM # 51391 (Continued) Vottng 8-2 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones,, Richard A. Maddox, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva and James L Wood Council Members Voting Nay Reba S McClanan and Mayor Meyera E Oberndorf Counctl Members Absent None Council Members Abstatntng Rosemary Wtlson Councd Lady Wtlson DISCLOSED and ABSTAINED Pursuant to ~ 2 2-3115(E) regardtng Ctty Council's chscusston of land located at the west stde of Centervdle Turnptke, north of Kempsvtlle Road Her husband ts a prtnctpal tn the accounttngfirm, Goodman and Company Her husband personally provtdes servtces to Wtlhams Holdtng Corporatton Counctl Lady Wtlson wtshes to dtsclose her tnterest tn thts transactton and abstatn Counctl Lady Wtlson 's letter of July 1, 2003, ts hereby made a part of the record July 1, 2003 City of Virginia Beach ROSEMARY WILSON COUNCIL LADY - AT-LARGE PHONE (757) 422-0733 FAX. (757) 426-5~9 July 1, 2003 Mrs. Ruth Hodges Smith, MMC City Clerk Municipal Center Vlrgima Beach, V]rg~ma 23456 Dear Mrs. Smith: Re: Disclosure Pursuant to Code of Vlrg~ma § 2.2-3115(E) Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: . I am executing this written d~sclosure regarding City Council's discussion of land located at the west side of Centervflle Turnpike, north of Kempswlle Road at GPIN # 1455-82-0576. . A party involved in the transaction-Wilhams Holding Corp.-Is a client of the accounting firm, Goodman and Company. My husband is a prinmpal ~n Goodman and Company. 3. My husband personally provide services to Williams Holding Corp. . I w~sh to d~sclose my interest in th~s transaction and abstain from City Council's consideration of the matter. Accordingly, I respectfully request that you record this declaration ~n the official records of City Council. 310 5~"DSTREET, VIRGINIA BEACH, VA 23451 Mrs. Ruth Hodges Smith -2- July 1, 2003 Re: Disclosure Pursuant to Code of Vlrgima § 2.2-3115(E) Thank you for your assistance and cooperation in this matter. Sincerely, Councilmember RAW/RRI Enclosure Item V-L. 5. - 35- PLANNING ITEM # 51392 Attorney Edward Bourdon, Phone 499-8971, represented the apphcant Property currently zoned Uncondtttonal B-2 Commerctal and by-rtght a Hardees, Brew-Thru, etc could be butlt here Thts apphcatton ts tn essence a downzomng The property wtll be developed as a 6-unit very upscale condomtntum (value of each untt $2 75, 000 to $325,000) A new 2200 square foot office butldtng ts proposed to be utthzed by the apphcant as hts corporate office Access ts hmtted to one at Albemarle Avenue The followtng regtstered tn Opposttton Ttm Solamc, 3612 DuPont Ctrcle, Phone 464-6922, Vtce Prestdent- Ocean Park Civtc League Letter ts hereby made a part of the record Requested deed restrictions be attached to the apphcatton hmtttng the hetght to 34feet, the maximum number of restdenttal untts would be 6 and the commerctal use would be hmtted to small offices as requtred by the B-2 zoning Todd Solomon, 2260 Ftrst Lanchng Lane, Phone 49 6-5733, represented the Shore Drtve Communtty Coahtton, composed of 20 groups representtng 4200 homes or restdents The area ts a mtxed use and not wtthtn the tntent of the Urban Land Instttute study Upon motion by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl ADOPTED Or&nances upon apphcatton of HOME ASSOCIATES OF VIRGINIA, INC. fora Conchttonal Change of Zomng and Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF HOME ASSOCIATES OF VIRGINIA, INC FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO CONDITIONAL B-4 Z07032150 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of Home Assoctates of Vtrgmta, Inc for a Change of Zomng Dtstrwt Classtficatwn from B-2 Commumty Business Dtstrwt to Comhttonal B-4 Resort Commerctal Dtstrwt on the north stde of Shore Drive, between Powhatan Avenue and Albemarle Avenue (GPIN 1489381936, -3908, -2919) DISTRICT 4 - BAYSIDE The following condition shall be reqmred 1. Agreement encompasstng proffers shall be recorded wtth the Clerk of the Ctrcutt Court and ts hereby made a part of the record July 1, 2oos Item V-L.$. - 36- PLANNING ITEM # 51392 (Continued) ORDINANCE UPON APPLICATION OF HOME ASSOCIATES OF VIRGINIA, INC FOR A CONDITIONAL USE PERMIT FOR MULTIPLE FAMIL Y DWELLINGS R070331110 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of Home Assoctates of Vtrgtma, Inc for a Condtttonal Use Permttfor multtplefamtly dwelhngs tn the B-4 (SD) Resort Commerctal Dtstrtct on the north stde of Shore Drtve, between Powhatan Avenue and Albemarle Avenue (GPIN 1489381936, -3908, -2919) DISTRICT 4 - BAYSIDE The followtng condtttons shall be required The stte shall be developed tn accordance wtth the submttted "PRELIMINARY LAYOUT FOR THE VILLAS AT OCEAN PARK", dated December 16, 2002, prepared by &te Improvement Assoctates, Inc, whtch has been exhtbtted to the Vtrgtnta Beach City Councd and ts on file with the Vtrg~nta Beach Department of Planntng 2 The proposed restdenttal and commerctal buil&ngs shall be constructed substantiallF tn accordance with the submttted "Butldtng Elevatton, Vtllas at Ocean Park", dated danuary 14, 2003, whtch have been exhtbtted to the Vtrgtma Beach Ctty Councd and are on file wtth the Vtrgtma Beach Department of Planntng The butldtng matertals shall be tn accordance with the submttted "Matertals Board for Ocean Vtllas at Ocean Park" dated January 10, 2003 The apphcant shall obtatn the necessary setback and parktng variances from the Board of Zomng Appeals before the stte ts developed The apphcant shall submtt a landscape plan that ts tn accordance wtth the recommended plant hsts spectfied tn the Shore Drtve Corrtdor Plan (Appen&ces) The apphcant shall have the optton of addtng brtck to the extertor of the first floor of the structures subject to elevattons acceptable to staff July 1, 2003 Item V-£.$. -37- PLANNING ITEM # 51592 (Continued) 6 Deed restrtctton shall be recorded hmtttng hetght to thtr_ty-five (35')_feet. the maxtmum number of restdenttal units shall be stx (6) (Proffer No 5); and tnclude Commerctal use shall be hmtted to those uses (a) bustness stuchos, Offices and chmcs, (b) flortsts, girl shops and stauona~_ stores and (c) medtcal and dental o_ffices and chntcs (Proffer No 6) These Ordtnances shall be effecttve tn accordance wtth Sectton 107 09 of the Zontng Ordtnance Adopted by the Councd of the City of Vtrgtnta Beach, Vtrgtnta, on the First of July, Two Thousand Three Vottng 11-0 Councd Members Vottng Aye Harry E. Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmidt, Ron A Vdlanueva, Rosemary Wilson and James L Wood Councd Members Voting Nay None Councd Members Absent None July 1, 2003 FORM City of Virginia Beach In Reply Refer To Our File No. DF-5706 -~- .... DATE: June 27, 2003 TO: Leslie L. Lilley DEPT: City Attorney .,-~ FROM: B. Kay Wilson~ DEPT: City Attorney Conditional Zoning Application Home Associates of Virginia, Inc., et als. The above-referenced conditional zoning application is scheduled to be heard by the City Council on July 1, 2003. I have reviewed the subject proffer agreement, dated January 14, 2003, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure PREPARED BY ~/[[S. i~0Ut~DON. AtlI~N & [nrV. pC HOME ASSOCIATES OF VIRGINIA, INC., a Virginia corporation BAILEY PARKER CONSTRUCTION CORPORATION, a Virginia corporation BAILEY PARKER FAMILY PARTNERSHIP, L.P., a Virginia limited partnership TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth Virginia of THIS AGREEMENT, made this 14th day of January, 2003, by and between HOME ASSOCIATES OF VIRGINIA, INC., a Virginia corporation, Grantor, party of the first part; BAILEY PARKER CONSTRUCTION CORPORATION, a Virginia corporation, party of the second part, Grantor; BAILEY PARKER FAMILY PARTNERSHIP, L.P., A Virginia limited parmership, party of the third part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the fourth part. WITNESSETH: WHEREAS, the party of the second part is the owner of a two (2) parcels of property located in the Bayside District of the City of Virginia Beach, containing approximately 15,349 square feet which are more particularly described as parcels 1 and 3 in Exhibit 'A' attached hereto and incorporated herein by this reference. Said parcels along with the other parcel described herein and in Exhibit "A" are herein referred to as the 'Property'; and WHEREAS, the party of the third part is the owner of a parcel of property located in the Bayside District of the City of Virginia Beach, containing approximately 8,396 square feet acres which is more particularly described as parcel 2 in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel along with the other parcels described herein and in Exhibit UA" are herein referred to as the "Property'; and GPIN: 1489-38-1936 1489-38-3908 1489-38-2919 PREPARED BY USYI~S. ]}OUI~DON. Altl~N & LIVY. RC WHEREAS, the party of thc first part is the contract purchaser of the parcels described in Exhibit 'A~ and has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from B-2 Community Business District to B-4 Resort Commercial District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conffict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the B-4 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which m generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under PREPARED BY A§YI~ES. [~OU~DON. AIlI~N & LIVY. P.C or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. In order to achieve a coordinated design and development of this mixed use site in terms of vehicular circulation, parking, landscape buffering, and building design, the ~PRELIMINARY LAYOUT FOR THE VILLAS AT OCEAN PARK', dated December 16, 2002, prepared by Site Improvement Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (~Concept Plan") shall be substantially adhered to. 2. When the Property is developed, vehicular Ingress and Egress to the six (6) residential units and the office building shall be via one (1) driveway from Albemarle Avenue. 3. When the Property is developed, a serpentine brick wall, three (3) feet in height, shall be constructed substantially as described on the Concept Plan and all landscaping and berming shall substantially adhere to the landscape plan prepared by Site Improvement Associates, Inc. and depicted on the Concept Plan dated December 16, 2002, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (~Concept Plan'). 4. In the building labeled ~Residential" on the Concept Plan, there will be no more than six (6) residential units, each one being no more than three (3) stories in height. 5. The architectural design of the buildings will be substantially as depicted on the exhibits entitled ~Building Elevations, Villas at Ocean Park', dated January 14, 2003, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (~Elevations"). The primary exterior building material shall be brick and synthetic cedar shake siding, substantially as depicted and described on the ~Materials Board for Villas at Ocean Park' dated January 10, 2003, which have been exhibited to the Virginia Beach City Council and are on fie with the Virginia Beach Department of Planning ("Materials Board'). 6. The building labeled 'Commercial Use" on the Concept Plan shall contain no more than 4,220 square feet of enclosed floor area and shall not be used PREPARED BY ~l~ §YI~I;S. tlOIIt/I)ON. AtlERN & [L'~. for residential dwellings. are: The only uses permitted in the "Commercial Use~ building ae Business studios, office and clinics; Florists, gift shops and stationary stores; or Medical and dental offices and clinics. 7. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure PREPARED BY ,~[ §YK[S. ]}OII]~D()N, A~E~N & LEVY. PC compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. 5 PREPARED BY §Y[[S. l~OtmDON, AIII~N & LEVY. P.C WITNESS the following signature and seal: GRANTOR: Home Associates of Virginia, Inc. a Virginia corporation By: en~(SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 22nd day of January, 2003, by James M. Arnhold, President of Home Associates of Virginia, Inc., a Virginia corporation. Notary Public My Commission Expires: August 31, 2006 PREPARED BY JSY[[§. [tOUt~DON. AtlI~N & LEVY. RC WITNESS the following signature and seal: GRANTOR: BAILEY PARKER CONSTRUCTION CORPORATION, a Virginia corporation By:~(SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of January, 2003, by Bailey T. Parker, Jr., President of Bailey Parker Construction Corporation, a Virginia corporation. Notary Public My Commission Expires: PREPARED BY SYKES. t~OURDON. Att~N ti lEVY. P C WITNESS the following signature and seal: GRANTOR: BAILEY PARKER FAMILY PARTNERSHIP, L.P. A Virginia limited partnership · By' AL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument ,vas aclu, owledger~ before me this/~'-/~-'d~ty-- of January, 2003, by Bailey T. Parker, Jr., /'~t~t~'a~T~_,. of Bailey Parker Family Parmership, L.P., a Virginia limited parmership. Notary Public My Commission Expires: 8 PREPARED BY ,~ SYE[S. ]}OUt, DON. AItEt~N & LEVY, P.C EXHIBIT PARCEL ONE: All that certain lot, piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot 1, in Block 39, as shown on that certain plat entitled, "Plat of Ocean Park, Section BT, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 5, Part 2, Page 197. GPIN: 1489-38-1936 PARCEL TWO: All that certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated at Lot 7, Block 39, as shown on that certain plat entitled, "Plat of Ocean Park, Section BT, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 5, Page 137. GPIN: 1489-38-3908 PARCEL THREE: All that certain lot, piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot 8, in Block 39, as shown on that certain plat entitled, "Plat of Ocean Park, Section BT, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 5, Part 2, Page 197. GPIN: 1489-38-2919 CONDREZONE/HOMEASSOCIATES/PROFFER Item V-L. 6. - 38- PLANNING ITEM # 51393 Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, Ctty Councd ADOPTED Ordtnances upon apphcatton of the CITY OF VIRGINIA BEACH: Or&nance to AMEND Section 217 of the City Zontng Ordtnance pertatntng to ctvtl penalttes for vtolattons of the sign regulations Ordtnance to AMEND Sectton 10 1 of the Subchvtston Ordtnance pertatntng to penalttes for violations of the subdivision regulations Or&nance to AMEND Section 215 of the Ctty Zomng Or&nance pertatntng to abandoned non-conforming signs Vottng 11-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Voting Nay None Councd Members Absent None Jury 2003 10 11 12 13 14 15 16 17 18 AN ORDINANCE TO AMEND THE SUBDIVISION REGULATIONS PERTAINING TO PENALTIES SECTION AMENDED' ~ 10.1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That Section 10.1 of the Subdivision Regulations is hereby amended and reordained to read as follows- Sec. 10.1. Penalties. Any violation person violatinq any of the provisions of this ordinance shall be punis~hable by subject to a fine of not more than five hundred dollars ($500.00) for each lot or parcel of land subdivided, transferred or sold without compliance with the terms hereof and shall be required to comply with all provisions of the Subdivision Requlations.~ ~n~ T~he description of such lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties or from other lawful remedies. 19 20 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 1st day of July, 2003. CA-8862 DATA/ORDIN/PROPOSED/subregl0.1ord.wpd RI - April 25, 2003 AN ORDINANCE TO AMEND THE CITY ZONING ORDINANCE PERTAINING TO CIVIL PENALTIES FOR ZONING SIGN VIOLATIONS SECTION AMENDED' CZO ~ 217 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA- That Section 217 of the City Zoning Ordinance is hereby amended and reordained to read as follows' Sec. 217. Civil penalties. (a) Any person who constructs, places, erects or displays a sign in violation of any of the provisions of this ordinance shall be assessed a civil penalty in the amount of one hundred dollars ($100.00) for the initial summons and not more than c~e two hundred and fifty dollars ($150.00) ($250.00) for each additional summons. The assessment of a civil penalty shall not preclude the institution of a civil action by the zoning administrator pursuant to section 103(a) of this ordinance, but no such violation shall, unless it results in injury to any person, be prosecuted as a criminal misdemeanor. (c) Each day during which the violation is found to have existed shall constitute a separate offense. However, specified violations arising from the same operative set of facts shall not 26 27 28 29 30 be charged more frequently than once in any ten-day period, and a series of specified violations arising from the same operative set of facts shall not result in civil penalties which exceed a total of ~ five thousand dollars ($3,000.00) ($5,000.00). 31 32 33 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 1st day of July, 2003. CA-8861 DATA/ORDIN/PROPOSED/czo0217ord.wpd R1 April 25, 2003 AN ORDINANCE TO AMEND THE CITY ZONING ORDINANCE PERTAINING TO NONCOMFORMING SIGNS SECTION AMENDED: CZO § 215 10 11 12 13 14 15 16 17 18 19 20 21 22 23 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 215 of the City Zoning Ordinance is hereby amended and reordained to read as follows' Sec. 215. Nonconforming signs. (a) Notwithstanding the provisions of section 105(f) of this ordinance, no nonconforming sign shall be structurally altered, enlarged, moved or replaced, whether voluntarily or by reason of involuntary damage to or destruction of such sign, unless such sign is brought into compliance with the provisions of this ordinance. No nonconforming sign shall be repaired at a cost in excess of fifty (50) percent of its original cost unless such sign is caused to comply with the provisions of this ordinance. Any nonconforming sign which is not maintained continuously in good repair, and any nonconforming sign which is abandoned for a period of two (2) years shall be removed. For purposes of this section, a sign shall be deemed to be abandoned if no copy or advertisingl,L~=~ is exhibited on the advertioing ==~=o uA ou~ oi~ the business for 24 25 26 which the siqn was erected has not been in operation for a period of at least two (2) years. 27 28 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 1st day of July, 2003. CA-8863 DATA/ORDIN/PROPOSED/czo0215ord.wpd R1 April 25, 2003 - 39- Item V-M.I. APPOINTMENTS ITEM it 51394 B Y CONSENSUS, Ctty Councd RESCHEDULED the following APPOINTMENTS: ARTS AND HUMANITIES COMMISSION BEACHES AND WA TER WA YS COMMISSION HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC) PARKS AND RECREATION COMMISSION PERFORMING ARTS THEATRE AD VISOR Y COMMITTEE PUBLIC LIBRARY BOARD SHORE DRIVE AD VISOR Y COMMITTEE TOWING AD VISOR Y BOARD YOUTH SER VICES CO UNCIL July 1, 2003 Item V.N. 1. NE W BUSINESS ADD-ON - 40- ITEM # 51395 Upon motion by Council Lady Wilson, seconded by Vtce Mayor Jones, Ctty Counctl ADOPTED, AS REVISED: Resolutton expresstng Ctty Councd's concern about the downgrading of the Trauma Center and Emergency Services at Sentara Vtrgtnta Beach General Hospital (rom a Level H to a Level III) Two members of City Councd shall serve as Ltatsons wtth the Ctty Manager to explore and pursue all opttons to ensure the retnstatement of Level lI trauma servtces at Sentara Vtrgtnta Beach General Hospttal as soon as posstble Vottng' 11-0 Councd Members Voting Aye Harry E Dtezel, Margaret L. Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E. Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Councd Members Voting Nay None Council Members Absent None July 2oo A RESOLUTION EXPRESSING CITY COUNCIL'S CONCERN ABOUT THE DOWNGRADING OF EMERGENCY SERVICES AT VIRGINIA BEACH GENERAL HOSPITAL 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WHEREAS, Sentara Virginia Beach General Hospital has provided vital and necessary Level II trauma services to the citizens of Virginia Beach; WHEREAS, on June 23, 2003, the Board of Directors of Sentara Healthcare, a tax-exempt non-profit organization, announced that, effective June 27, 2003, it would downgrade the level of trauma services from Level II to Level III at Sentara Virginia Beach General Hospital, which will result in certain seriously injured persons being forced to travel greater distances for necessary medical care; WHEREAS, Level III is the lowest trauma designation in Virginia, and such facilities are not required to provide immediate trauma services by neurosurgeons or orthopedic surgeons that may be needed in cases of severe injuries; and WHEREAS, the significant delay in providing emergency trauma services to seriously injured persons could have serious consequences. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: 1. The City Council hereby expresses its grave concern and disappointment regarding Sentara Healthcare's unilateral 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 decision to downgrade the level of trauma service provided in the largest city of the Commonwealth. 2. The City Council requests its delegation to the General Assembly of Virginia, on behalf of the citizens of Virginia Beach to review the unilateral actions of the Board of Directors of Sentara Healthcare and to assist the City Council in seeking restoration of the Level II trauma services within the City of Virginia Beach. 3. The City Council hereby authorizes the City Manager and two members of City Council to explore and pursue all options to ensure the resumption of Level II trauma services at Sentara Virginia Beach General Hospital, and further authorizes the Mayor to request the Governor, and the State Health Commissioner to conduct an inquiry into the unilateral downgrading of the trauma center at Sentara Virginia Beach General Hospital without state/governmental oversight and without a public accounting as to the impact on the citizens of Virginia Beach and Southeastern Virginia. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day of July, 2003. CA-8932 Ordin/Noncode/Sentarares.wpd R-3 - July 1, 2003 - 41 - ITEM # 51396 Vtce Mayor Louts R Jones moved to permit Ctty Counctl to conduct tts CLOSED SESSION, pursuant to Section 2 1-344(A), Code of Vtrgmta, as amended, for the followmg purpose PERSONNEL MATTERS' Dtscusston, constderatton or tntervtews of prospecttve candtdates for employment, assignment, appotntment, promotton, performance, demotton, salartes, dtsctphntng, or restgnatton of spectfic pubhc officers, appointees, or employees pursuant to Sectton 2 2-3 711 (A) (1) Annual Revtew of Performance of Councd Appomtees PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the acqutsttton of real property for a pubhc purpose, or of the chsposttton of pubhcly-held real property, where chscusston tn an open meeting would adversely affect the bargatntng posttton or negottattng strategy of the pubhc body pursuant to Section 2 2-3711(A)(3) Acqutsttton/Dtsposttton of Property - Baystde Dtstrtct Motton by Vtce Mayor Jones, seconded by Councdman Wood and Councdman Reeve, Ctty Counctl voted to proceed tnto CLOSED SESSION (7:28 P.M.). Vottng 11-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E. Oberndorf, dtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Voting Nay None Councd Members Absent. None (7:28 P.M. - 10:15 P.M. ) July 1, 2003 - 42 - ITEM # 51397 Mayor Meyera E Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the City Councd Conference Room, Ctty Hall Buddmg, on Tuesday, July 1, 2003, 10 15 P M Councd Members Present Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Ron A Vdlanueva and Rosemary Wdson Councd Members Absent Rtchard A Maddox Jtm Reeve, Peter W Schmtdt and James L Wood July 1, 2003 - 43 - CER TIFIC.4 TION OF CLOSED SESSION ITEM # 51398 Upon motion by Council Lady Eure, seconded by Vtce Mayor Jones, Ctty Councd CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public bustness matters lawfully exempted from Open Meettng requtrements by Vtrgtnia law were chscussed tn Closed Sesston to whtch thts certificatton resolution apphes, AND, Only such pubhc business matters as were tdenttfied tn the motton convening the Closed Sesston were heard, chscussed or constdered by Vtrgtnia Beach City Council ~ttng: ~0 Councd Members Vottng Aye' Harry E Diezel, Margaret L. Eure, Vice Mayor Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Ron A Vdlanueva and Rosemary Wtlson Counctl Members Vottng Nay None Councd Members Absent Rtchard A Maddox Jtm Reeve, Peter W Schmtdt and James L Wood July 2003 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 # 51369, page 41, and in accordance with the prowslons of The Virginia Freedom of Information Act; and, WHEREAS: Section 2 2-3 711 (A) of the Code ofVlrg~ma reqmres a certification by the govermng body that such Closed Session was conducted ~n conformity w~th Vlrgmm law. NOW, THEREFORE, BE IT RESOLVED That the Virginia Beach City Council hereby certffies that, to the best of each member's knowledge, (a) only pubhc business matters lawfully exempted from Open Meeting reqmrements by Virginia law were d~scussed in Closed Session to which this certfficat~on resolution apphes; and, (b) only such pubhc business matters as were ~dent~fied ~n the motion convemng th~s Closed Session were heard, discussed or considered by V~rg~ma Beach City Council. j~th Hodges grmlth, MMC C~ty Clerk July 1, 2003 - 44 - Item V-O AD JO URNMENT ITEM # 51399 Mayor Meyera E Oberndorf DECLARED the City Counctl Meetmg ADJOURNED at 10:18 P.M. Beverly 0 Hooks, CMC Chief Deputy C~ty Clerk Ctty Clerk Meyera E Oberndorf Mayor Ctty of Vtrgtnta Beach Vtrgtnta July l, 2oos