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AUGUST 23, 2005 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIEZEL Kempsville - District 2 ROBERT M DYER, Centerville - District 1 REBA S. McCLANAN, Rose Hall - District 3 lUCHARD A. MADDOX, Beach - District 6 JIM REEVE, Princess Anne - District 7 PliTER W SCHMIDT, At-Large RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CiTY CLERK - RUTH HODGES SMITH, MMC 23 AUGUST 2005 1. CITY MANAGER'S BRIEFINGS Conference Room CITY HALL BUILDING 240i COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 427-4303 FAX (757) 426-5669 E-MAiL: Ctycncl@vbgov.com 1:30PM A. WORKFORCE HOUSING PROGRAMS Andrew Friedman - Director - Housing and Neighborhood Preservation B. HISTORIC SITES GOVERNANCE PLAN Lynn Clements - Director - Museums and Cultural Arts II, COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION Conference Room A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 3:30PM V. FORMAL SESSION Council Chamber 6:00PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend J. Douglas Streit Apostolic Church of Tidewater 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 August 9,2005 G. AGENDA FOR FORMAL SESSION H. MAYOR'S PRESENTATION 1. KING NEPTUNE XXXII and HIS COURT Nancy A. Creech-President, Neptune Festival 2. ACHIEVEMENT for EXCELLENCE in FINANCIAL REPORTING Government Finance Officers Association Patricia A. Phillips - Director - Finance I. PUBLIC COMMENT 1. SOUTHEASTERN PARKWAY and GREENBELT 2. TOWN CENTER PHASE III J. CONSENT AGENDA K. ORDINANCES/ RESOLUTIONS 1. Ordinance to ESTABLISH the annual salaries of the Mayor and Council Members at $30,000 and $28,000, respectively, effective July 1, 2006 (City Code S 15.2-1414.6) 2. Ordinance to AUTHORIZE acquisition of property in fee simple re right-of-way for Rosement RoadNirginia Beach Boulevard right turn lane at Virginia Beach Boulevard and the acquisition of temporary and permanent easements, either by agreement or condemnation. 3. Resolutions to APPROVE the design and Public Hearing: a. Indian River Road Phase VII b. Elbow Road Extended Phase II 4. Ordinance to AUTHORIZE temporary encroachments into a portion of City property, known as "The Cove" of the Eastern Branch of the Lynnhaven River, by LINDA R. and RICHARD J. SERPE at 3145 Adam Keeling Road re a fixed pier, boat lift, covered boat lift shelter, aluminum ramp and floating dock. 5. Ordinance to ACCEPT and APPROPRIATE $200,000 from the Federal Emergency Management Agency (FEMA) to the Fire Department's FY 2005-2006 Operating Budget re a deployment related to Hurricane Dennis. 6. Ordinance to ACCEPT and APPROPRIATE $11,340 from the Friends ofthe Virginia Beach Public Library to the FY 2005-2006 Public Libraries' Operating Budget re the purchase of library books. L. PLANNING 1. Variance to 94.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for SALLIE MARIE KEES at 1421 Maharis Road. (DISTRICT 5 - L YNNHA VEN) RECOMMENDATION: . APPROVAL 2. Application of ALLTELL COMMUNICATIONS, INC. for a Conditional Use Permit re a communications tower at 1033 Little Neck Road near the Lynnhaven United Methodist Church. (DISTRICT 5 - L YNNHA VEN) RECOMMENDATION: APPROVAL 3. Application of BUDGET RENT-A-CAR. for a Conditional Use Permit re automobile rentals at 5193 Shore Drive, Unit 114. (DISTRICT 4 - BA YSIDE) RECOMMENDATION: APPROV AL 4. Application of CH&B ASSOCIATES, LLP for a Chanf!e of Zoning District Classification from Conditional P-l Preservation District with a PD-H2 Overlay to Conditional A-12 Apartment District and Conditional P-l Preservation District with a PD-H2 Overlay re apartments at South Plaza Trail and Prestige Way. (DISTRICT 2- KEMPSVILLE) RECOMMENDATION: APPROVAL 5. Application of MUNDEN LAND, LLC for a Change ofZoninf! District Classification from AG-l and AG-2 Agricultural District to Conditional PD-H2 Planned Unit Development re single-family residences at Princess Anne and Sandbridge Roads. (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: APPROV AL 6. Application of BRIAN K. CALLAHAN for exoansion of a Nonconforminf! Use at 2222 Bayberry Street (DISTRICT 5 - L YNNHA VEN) RECOMMENDATION: APPROVAL 7. Applications of the CITY OF VIRGINIA BEACH for the discontinuance, closure and abandonment of portions of: a. J efferson Avenue b. Monroe Avenue north of Virginia Beach Boulevard c. Monroe Avenue south of 19th Street d. Parks Avenue e. Washington Avenue north of 19th Street f. Washington Avenue south of 19th Street g. Norfolk Place h. Alley east of Parks Avenue 1. Alley west of Parks Avenue (DISTRICT 6 - BEACH) RECOMMENDATION: DEFER to September 27,2005 M. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION BOARD OF ZONING APPEALS DEVELOPMENT AUTHORITY EASTERN VIRGINIA HEALTH SYSTEMS AGENCY HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA P ARKS and RECREATION COMMISSION PERSONNEL BOARD (Alternates) PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE (COG) WETLANDS BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: Virginia Relay Center at 1-800-828-1120 *********** Agenda 8/23/05 SB www.vbgov.com MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 23 August 2005 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING re WORKFORCE HOUSING PROGRAM in the Council Conference Room, City Hall, on Tuesday, August 23,2005, at 1:35 PM, Council Members Present: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Peter W. Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Absent: Jim Reeve [Entered: 2:00 P.M.] IT - 2- CITY MANA GER'S BRIE F ING WORKFORCE HOUSING PROGRAMS 1:35 P.M. Mayor Oberndorf advised she attended the retirement ceremony for Dr. Marlene Hager, Voter Registrar, who ably served for twenty-three (23) years. Mayor Oberndorf expressed appreciation for her unselfish dedication and years of outstanding service as Voter Registrar, ITEM # 54291 The City Manager introduced Andrew Friedman, Director - Housing and Neighborhood Preservation, to provide information re Hosing Needs and Land Use Goals. Andrew Friedman advised this information responds to Councilman Schmidt's request for a Briefing, as well as information concerning the work of the Partner Group who have been studying land use issues since last September. Mr. Friedman recognized the attendance of Tim McCarthy - Empower Hampton Roads and Steve Lawson - Tidewater Builders, members of The Partner Group, Mr. Friedman referenced a section of the Comprehensive Plan: "Provide an adequate supply of safe, decent, attractive and diverse housing with a range of values including owner-occupied and rental units to accommodate the present and future needs of all Virginia Beach residents. " Present Situation Virginia Tech Study The Supply of housing does not match the demand. Vacancy rates are far below those required to accommodate demand Housing prices are escalating rapidly First-time homebuyers, including new families moving here, college graduates and city workers are in danger of being squeezed out of the market The City has a deficit of 8,500 affordable rental units Prices for newly-constructed housing are out of reach of much of the worliforce. The Real Estate Assessor reports that the median assessment of new housing construction has exceeded $200,000 for each of the last three (3) years Land Use Policy Is One Tool To Address These Problems The Partner Group has been studying land use issues since last September There are three goals which all participants in the sub-group on Land Use agree Detailed proposals can be prepared ifCity Council adopts these three goals August 23, 2005 - 3 - CITY MANA GER'S BRIEFING WORKFORCE HOUSING PROGRAMS ITEM # 54291 (Continued) Land Use Goals Land Use Goal #1: Increase the Overall Supply of Housing Dr. Koebel stated a foundation of addressing affordability is to address the imbalance between supply and demand Without addressing this, efforts to create affordability will be stymied by a continual rise in market prices The Comprehensive Plan calls for increased density and mixed- use development in the Strategic Growth Areas in order for Virginia Beach to grow Increasing worliforce housing is not the driver for increased density; density is needed for our City to grow Adopt zoning and related land use policy changes that are consisted with the Comprehensive Plan and that allow and encourage increased density and mixed-use development in the Strategic Growth Areas not affected by AICUZ Zones Land Use Goal #2: Increase the Supply of New Workforce Housing Various land-use tools are available to do this. They can be reviewed in detail and brought to you for consideration Land Use Goal #3: Preserve and Enhance Existing Housing and Neighborhoods Preventing decline and insuring that homeowners are able to maintain their housing is a critical issue Land use policy can help preserve the character of neighborhoods and thus preserve their value Code enforcement, a housing trust fund and special programs are also needed Review and, as appropriate, adopt land use and zoning changes that help preserve the character and value of neighborhoods and housing; and assist, re incentivizing their preservation and enhancement Mr. Friedman advised quality in all aspects is a critical part of the Land Use Goals. August 23, 2005 - 4 - CITY MANA GER'S BRIEFING WORKFORCE HOUSING PROGRAMS ITEM # 54291 (Continued) The Land Use Sub Group recommends City Council ask staff to prepare a resolution directing the Planning Commission to study and propose land use changes that address these three (3) goals and include criteria that insure quality is achieved in worliforce housing. Based on City Council's direction, City staff can have the resolution available for City Council'S consideration during a September City Council session. Empower Hampton Roads and Tidewater Builders Association recommend the three (3) goals for City Council's consideration. Mr, Friedman advised an example of Land Use Goal #3: Preservation and Enhancement of Existing Housing and Neighborhoods would be potential incentives for tax abatements for homeowners, assuring affordability to rehabilitate their housing, and reviewing design criteria and guidelines as those adopted by the City of Norfolk to assure consistency of neighborhood character, Inclusionary Zoning is one way to achieve these goals. Council Lady McClanan expressed concern relative increased density and funding of roads and schools. Mr. Friedman advised the Planning Commission and Planning staffwill review this Plan comprehensively and evaluate all impacts re zoning changes in order to assure housing is supported by infrastructure and schools, Mr. Friedman has heard ideas re affordable housingprojects, but has not received any actual plans or proposals, Mayor Oberndorf expressed concern relative division ofhouses enablingfour (4) families in residence rather than just a single family,. Mr, Friedman advised this discussion would be part of a second phase, Mr. Friedman is requesting City Council direction concerning the preparation of a Resolution directing the Planning Commission to study and propose land use changes that address the three (3) goals and include criteria that wold insure quality is achieved in worliforce housing. Councilman Wood suggested the question be included: "Is increased density necessary for this affordable housing to work? " The City Manager advised the Comprehensive Plan envisions this type of development in the Strategic Growth Areas (12 areas). In order to redevelop these areas and return them from substandard development, the land economics indicate there will be a higher density. The method by which this has can be done, most desirably, is through a mixed use concept of redevelopment and higher densities. Mr, Friedman advised the zoning is not proposed to be changed in the Community Preservation Areas. This concept only involves very limited areas of the City i.e. commercial corridors. The staffis not requesting the ability to subdivide existing residential houses in the City's suburban neighborhoods. This would be in conflict with the Comprehensive Plan, The proposal is not to create public housing but various levels of affordability within a uniform development. The different housing units would be occupied by individuals with different incomes. City Council DIRECTED the City staff prepare a Resolution directing the Planning Commission to study and propose land use changes that address the three (3) goals and include criteria that would insure quality is achieved in worliforce housing. Council Lady McClanan is opposed. Mayor Oberndorf requested the comments of the general public be included in the meetings and discussion re worliforce housing. August 23,2005 -5- CITY MANA GER'S BRIEFING WORKFORCE HOUSING PROGRAMS ITEM # 54291 (Continued) Mr. Friedman distributed information "Questions and Answers on Worliforce and Affordable Housing ". This information is provided to City Council in order to address specific questions Council Members have discussed in the last several months, Affordability is the "relationship between the household's ability to pay and the cost to the household for that housing. Affordable housing must be decent, safe and appropriate to the household's needs. An affordable housing opportunity means that a household pays 30% or less of its income for a decent, safe and appropriate housing unit. The City is concerned with moderate and lower income households, 33% of the householders are Renters, As part of the planning for redevelopment, Mr. Friedman advised there would be contact with Economic Development concerning the opportunity to assure worliforce housingfor corporations locating within Virginia Beach. Single earner households and first time homebuyers are making less than the median income (less than $60,000 for a family of four) and renters making less than 80% of median (less than $48,000 for a family of four). The median income for a single earner shall be provided. Only those who meet the required income qualifications are allowed to purchase or rent. Fairfax County has price controls on affordable housing which is administered by Fairfax County. Fairfax County intercedes during the sale to assure control of the price, There are other ways to preserve affordability as with the financing mechanisms, the liens and the Deeds of Trust can control affordability. The staffproposes to seriously review financing mechanisms utilizing a non-profit to purchase and resell the houses, whereby the City can place the appropriate restrictions through those financing mechanisms. This would not guarantee permanent affordability, but would not involve price controls, or selling houses below assessments and not restrict an individual's ability to sell. The housing would sell at a market price and the seller would not receive a windfall profit. Excess funds would be returned to the program for the development offuture affordability. There would be a permanent non-forgivable Second Deed of Trust. This Deed of Trust would always have the funds go back into the housing program so no matter when the house was sold and at what price, the created value would return to either the Housing Trust Fund or a non profit's housingfund to be utilized for future housing. The Capital Gains tax will be reviewed. Mr. Friedman advised the goal would be "no windfall profits ", an individual be as much of a homeowner as feasible without taking advantage of the system (flipping) and not enforcing price controls, Either the City, or a non-profit, would determine eligibility for purchasing these affordable homes. Relative selling of the home, the City would also have the first right of refusal to purchase built into the financing. August 23, 2005 - 6 - CITY MANA GER'S BRIEFING HISTORIC SITES GOVERNANCE PLAN 2:35 P.M. ITEM # 54292 Lynn Clements, Director - Museums and Cultural Arts, expressed appreciation and recognized the Executive Committee of the Historic House: Sue Davis Bonnie P. Capito Freddy Moody Ann Callis Jorja Jean Tom Felton She also expressed appreciation to Mayor Oberndorf, Council Members McClanan and Wilson as well as the City Manager in establishing the Policy Report for the Governance for the Adam Thoroughgood House and Francis Land House. Mrs. Clements recognized the two (2) long time supporters of the Historic Houses: Johnnie S. Miller and Judith K. Connors. Mark Reed, Historic Resources Co-Ordinator, advised the Francis Land House was purchased by the City in 1975 and opened to the public for tours and educational programs in May 1986. The Virginia Beach City Council established the Francis Land house Board of Governors in August 1984 (City Code Section 2-5) as an advisory body regarding planning, policy and management of the Francis Land House. The Board was redefined by ordinance in August 1988 and the City Code was amended in December 1993 regarding the Board. City Council appointed eleven (11) citizens to the Board and those Board members may appoint up to twenty-two (22) additional members. When the Department of Museums and Cultural Arts increased its responsibilities to include the Adam Thoroughgood House operation, the Francis Land House extended its advisory role to include the Thoroughgood House, The Friends of the Francis Land House also extended their membership program and support role to include the Thoroughgood House. With the acquisition of this National Historic Landmark completed in September 2003, the Department of Museums and Cultural Arts examined the options for governance and support to assure continued involvement of the citizens re the process of providing the best possible stewardship for historic houses. A Public Meeting was held in August 22, 2003, with a comment form posted on www.vbgov.com. The firm of Stumpf and Associates studied issues and provided a written report in June 2004. City Council was briefed relative the Governance issue on July 13, 2004, With City acquisition, the staff needs to formally establish the advisory and support mechanisms. The Board requested additional time to study and develop options relative Governance of the historic houses (Adam Thoroughgood and Francis Land) Mr. Reed outlined the alternative courses of action re Governance. Alternative One Formalize Current Board Practice Amend City Code to include responsibilities for planning policy, management andfund raisingfor Thoroughgood House Board composition, size and responsibilities would be unchanged Amend City Code to include the Thoroughgood House in the membership and activities of the Friends organization August 23, 2005 - 6- CITY MANA GER'S BRIEFING HISTORIC SITES GOVERNANCE PLAN 2:35 P.M. ITEM # 54292 Lynn Clements, Director - Museums and Cultural Arts, expressed appreciation and recognized the Executive Committee of the Historic House: Sue Davis Bonnie P. Capito Freddi Moody Ann Callis Jorja Jean Tom Felton She also expressed appreciation to Mayor Oberndorf, Council Members McClanan and Wilson as well as the City Manager in establishing the Policy Report for the Governance for the Adam Thoroughgood House and Francis Land House, Mrs, Clements recognized the two (2) long time supporters of the Historic Houses: Johnnie S. Miller and Judith K. Connors. Mark Reed, Historic Resources Co-Ordinator, advised the Francis Land House was purchased by the City in 1975 and opened to the public for tours and educational programs in May 1986. The Virginia Beach City Council established the Francis Land house Board of Governors in August 1984 (City Code Section 2-5) as an advisory body regarding planning, policy and management of the Francis Land House. The Board was redefined by ordinance in August 1988 and the City Code was amended in December 1993 regarding the Board. City Council appointed eleven (11) citizens to the Board and those Board members may appoint up to twenty-two (22) additional members, When the Department of Museums and Cultural Arts increased its responsibilities to include the Adam Thoroughgood House operation, the Francis Land House extended its advisory role to include the Thoroughgood House, The Friends of the Francis Land House also extended their membership program and support role to include the Thoroughgood House. With the acquisition of this National Historic Landmark completed in September 2003, the Department of Museums and Cultural Arts examined the options for governance and support to assure continued involvement of the citizens re the process of providing the best possible stewardship for historic houses. A Public Meeting was held in August 22, 2003, with a comment form posted on www.vbgov.com. The firm of Stumpf and Associates studied issues and provided a written report in June 2004. City Council was briefed relative the Governance issue on July 13, 2004. With City acquisition, the staff needs to formally establish the advisory and support mechanisms. The Board requested additional time to study and develop options relative Governance of the historic houses (Adam Thoroughgood and Francis Land) Mr. Reed outlined the alternative courses of action re Governance. Alternative One Formalize Current Board Practice Amend City Code to include responsibilities for planning policy, management andfund raisingfor Thoroughgood House Board composition, size and responsibilities would be unchanged Amend City Code to include the Thoroughgood House in the membership and activities of the Friends organization August 23, 2005 - 7- CITY MANAGER'S BRIEFING HISTORIC SITES GOVERNANCE PLAN ITEM # 54292 (Continued) Alternative Two Create Single Advisory Board w/Separate Friends Groups Public Libraries Board Model Amend City Code to create an advisory board for planning and policy for both Houses Board would be City Council appointed Amend City Code to revise language establishing Friends group and empower the Board to authorize a Friends organization for each house The Friends organizations would be the primary fund raising entities for each house Staff to administer the membership programs to provide benefits at both houses Provision for additional house museums to come under the Board when acquired and to have their own Friends organization Recommendation Create a single advisory board for each - the Adam Thoroughgood and Francis Land Houses: The Virginia Beach Historic Houses Board City Council to appoint no fewer than eleven (II) and no more than fifteen (I 5) members Separate Friends organizations for each house Staffwill administer a central membership program Action Plan City Attorney and Museums staff develop amended City Code Section 2-5 and present to City Council by October 2005 Establish a transition team with staff, Francis Land House Board, Friends and Council representation to guide and review prior to action Appointment by City Council of fifteen (I5) board members for terms beginning on January 1, 2006, initial terms to be staggered. August 23, 2005 -8- CITY MANA GER'S BRIEFING HISTORIC SITES GOVERNANCE PLAN ITEM # 54292 (Continued) Additional Recommendation Department of Museums and Cultural Arts to convene a facilitated workshop in Fall 2006 to examine potentialities for a Virginia Beach History Commission Participants would include staff and board members from public and private historic and museum operations Mr. Reed advised the Lynnhaven House is currently owned and operated by the APVA (Association for the PresenJation of Virgin ia Antiquities). There has been co-ordinated planning with the AP V A in the past. There is a possibility the Lynnhaven House might be involved in the Governance Plan at a later time. Mrs. Clements encouraged the current Board Members to submit their names as possible nominees for the single advisory board of the Adam Thoroughgood and Francis Land Houses Judith Connors requested the creation of two (2) separate Friends organizations, be examined carefully, as two might be derisive with requiring two (2) sets of leaders. This item shall be scheduled for an October City Council Session. August 23, 2005 - 1 -9- CITY CO UNCIL COMMENTS 3:03 P.M. ITEM # 54293 Mayor Oberndorf expressed appreciation to the Members of City Council who attended the Base Realignment and Closure Commission (BRAC) Public Hearing on Saturday, August 20, 2005: Vice Mayor Louis R. Jones, Council Members Dyer, Wilson and Wood, as well as the City Manager. Mayor Oberndorf advised Oceana is the future of our City. It is very important BRAC is aware the elected officials do care, and wish to protect this source of income and employment for the City, Affection is felt for the Navy families who call Virginia Beach home. The City Manager distributed additional follow up information dated August 22, 2005, from Governor Mark. Warner to Chair Anthony J Principi, Base Realignment and Closure Commission. The information encompasses sworn depositions from Admiral Fred Metz USN, Retired and Captain Phil Grandfield, USN, Retired. The presentation made by the City with power point slides is also available. Mayor Oberndorfwished to again extend appreciation to Governor Mark Warner, Senator John Warner, Senator George Allen and Congresswoman Thelma Drake for their continued participation and support. ITEM # 54294 Mayor Oberndorf extended appreciation to the Council Members and staff relative the ceremony and Open House for the first phase of the new Virginia Beach Convention Center on Thursday, August 18,2005. The clean slick lines reminded the Mayor of the many beautiful edifices in Scandinavia, an expression of quiet good taste. ITEM # 54295 Mayor Oberndorf expressed appreciation to Ruth Hodges Smith, Liaison to the Mayor's Sister City Commission, re the Mayor's Delegation to Moss, Norway's 100-year Independence Ceremony from Sweden) August 9-15,2005. Ruth was the patron, organizer and implementor for the delegation. The Crown Prince of Norway opened the Youth Peace Seminar, followed by Norway's representative to the United Nations. There were 222 students from all over the World attending the ceremony. Relative attendance to the Moss, Norway, Independence Ceremony, Mayor Oberndorf advised she paid all expenses for herself, husband and two grandchildren, Four (4) students from the International Baccalaureate Program of Princess Anne High School accompanied the Mayor and attended the Youth Peace Seminar, August 23, 2005 - 10- AGENDA RE VIE W SESSION 3:05 P.M. ITEM # 54296 K1. Ordinance to ESTABLISH the annual salaries of the Mayor and Council Members at $30,000 and $28,000, respectively, effective July 1,2006 (City Code 9 15.2- 1414.6) This item will be discussed during Formal Session. ITEM # 54297 K2. Ordinance to A UTHORIZE acquisition of property infee simple re right-of-way for Rosement Road/Virginia Beach Boulevard right turn lane at Virginia Beach Boulevard and the acquisition of temporary and permanent easements, either by agreement or condemnation. Councilman Schmidt inquired re the impact to the drug store Mark Johnson, Public Works - Engineering, advised the drug store will continue to operate. The right turn lane will only slightly impact their parking lot, ITEM # 54298 K 3. Resolutions to APPROVE the design and Public Hearing: a. Indian River Road Phase VII b. Elbow Road Extended Phase II Councilman Diezel inquired re the length and location of Elbow Road Extended Phase II. Councilman Diezel advised there is a major problem in terms of the drainage outfall along this road. Mark Johnson, Public Works - Engineering, advised Elbow Road Phase II is located approximately from Indian River Road all the way over to Salem Road. Mr. Johnson advised this drainage outfall will be addressed. A substantial bridge structure will be constructed over the flood plain. ITEM # 54299 BY CONSENSUS, thefollowing shall compose the CONSENT AGENDA: ORDINANCES/RESOLUTIONS K2, Ordinance toAUTHORIZE acquisition of property infee simple re right-of-way for Rosement Road/Virginia Beach Boulevard right turn lane at Virginia Beach Boulevard and the acquisition of temporary and permanent easements, either by agreement or condemnation. August 23, 2005 - 11 - AGENDA RE VIE W SESSION ITEM # 54299 (Continued) K. 3, Resolutions to APPROVE the design and Public Hearing: a. Indian River Road Phase VII b, Elbow Road Extended Phase II K.4. Ordinance to AUTHORIZE temporary encroachments into a portion of City property, known as "The Cove" of the Eastern Branch of the L ynnhaven River, by LINDA R. and RICHARD J. SERPE at 3145 Adam Keeling Road re a fIXed pier, boat lift, covered boat lift shelter, aluminum ramp and floating dock. (DISTRICT 5 - LYNNHA VEN) K.5, Ordinance to ACCEPT and APPROPRIATE $200,000 from the Federal Emergency Management Agency (FEMA) to the Fire Department's FY 2005-2006 Operating Budget re a deployment related to Hurricane Dennis. K.6. Ordinance to ACCEPT and APPROPRIATE $11,340 from the Friends of the Virginia Beach Public Library to the FY 2005-2006 Public Libraries' Operating Budget re the purchase of library books. Council Lady McClanan will vote a VERBAL NAY on Item K.4 (Encroachment - Serpe) August 23, 2005 - 12- AGE N DA REV IE W S E S S ION ITEM # 54300 L,2, Application of ALL TELL COMMUNICATIONS, INC. for a Conditional Use Permit re a communications tower at 1033 Little Neck Road near the Lynnhaven United Methodist Church. (DISTRICT 5 - LYNNHA VEN) Councilman Wood advised this item will be discussed during Formal Session as speakers have registered. Karen Lasley, Zoning Administrator, clarified a point in the zoning history. The Methodist Church actually owns two (2) pieces of property, one of which is the subject of the Conditional Use Permit, On March 28, 1997, an application was considered for a communications tower on the church site, which was denied by City Council. This decision was appealed and the communications tower was erected in October 1997. Subsequently the City appealed this case and won. The tower was taken down. ITEM # 54301 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: PLANNING L.1. Variance to S4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for SALLIE MARIE KEES at 1421 Maharis Road. (DISTRICT 4 - BAYSIDE) L.3. Application of BUDGET RENT-A-CAR. for a Conditional Use Permit re automobile rentals at 5193 Shore Drive, Unit 114. (DISTRICT 4 - BAYSIDE) L,4. Application ofCH&B ASSOCIATES, LLP for a Change of Zoning District Classification from Conditional P-l Preservation District with a PD-H2 Overlay to Conditional A-12 Apartment District and Conditional P-1 Preservation District with a PD-H2 Overlay re apartments at South Plaza Trail and Prestige Way. (DISTRICT 2 KEMPSVILLE) L, 5. Application of MUNDEN LAND, LLC for a Chanf!e of Zoning District Classification from AG-1 and AG-2 Agricultural District to Conditional PD-H2 Planned Unit Development re single-family residences at Princess Anne and Sandbridge Roads, (DISTRICT 7 - PRINCESS ANNE) August 23, 2005 - 13- AGENDA RE VIE W SESSION ITEM # 54301 (Continued) L, 6 Application of BRIAN K. CALLAHAN for exvansion o( a Noncon(orminJ? Use at 2222 Bayberry Street (DISTRICT 5 - LYNNHAVEN) L, 7, Applications of the CITY OF VIRGINIA BEACHfor the discontinuance, closure and abandonment of portions of a. Jefferson Avenue b. Monroe Avenue north of Virginia Beach Boulevard c. Monroe Avenue south of 19'h Street d. Parks Avenue e. Washington Avenue north of 19'h Street f Washington Avenue south of 19'h Street g Norfolk Place h. Alley east of Parks Avenue i. Alley west of Parks Avenue (DISTRICT 6 - BEACH) Council Lady McClanan will vote a VERBAL NAY on Item L,3 and LA. Mayor Oberndorfwill vote a VERBAL NAY on L,4. Item L.5 will be DEFERRED, BY CONSENT, until the City Council Session of September 13, 2005 Item L. 7 will be DEFERRED, BY CONSENT, until the City Council Session of September 27, 2005. August 23, 2005 - 14 - ITEM # 54302 Mayor E, Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended,for the following purpose: PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A) (1). To Wit: Appointments: Boards and Commissions: Agricultural Advisory Commission Board of Zoning Appeals Development Authority Eastern Virginia Health Systems Agency Health Services Advisory Board Historical Review Board Investment Partnership Advisory Committee- PPEA Parks and Recreation Commission Personnel Board (Alternates) Public Library Board Review and Allocation Committee (COG) Wetlands Board PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.2-3711 (A)(3). Acquisition/Disposition of Property: Norfolk Southern Right-of-Way Princess Anne District L ynnhaven District PUBLIC CONTRACT: Discussion or consideration by a responsible public entity or an affected local jurisdiction, as those terms are defined in Section 56-557, of confidential proprietary records excluded from this chapter pursuant to Section 2.2- 3705. 6(11) AND Discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body. Cable Franchise Report Clear Channel Contract LEGAL MATTERS: Consultation with legal counselor briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requiring the provision of Ie gal advice by counsel pursuant to Section 2.2- 3711 (A)(7) , Elisa Hammer v, City of Virginia Beach August 23, 2005 - 15 - ITEM # 54302 (Continued) Upon motion by Councilman Wood, seconded by Councilman Schmidt, City Council voted to proceed into CLOSED SESSION (3:25 P.M.) Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None (Recess: 3:30 P.M. - 3:35 P.M.) (Closed Session: 3:35 - 5:10 P.M.) (Dinner: 5:10 P.M. - 5:55 P.M.) August 23, 2005 - 16- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL August 23, 2005 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, August 23, 2005, at 6:00 P.M, Council Members Present: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Reverend J. Douglas Streit Apostolic Church of Tidewater PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accountingfirm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge, In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes ths disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. August 23, 2005 - 17- Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 54303 Upon motion by Councilman Dyer, seconded by Councilman Reeve, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A, Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None August 23, 2005 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 # 54302, page 14, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3711 (A) ofthe Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ~~ uth Hodges Smith, MMC City Clerk August 23,2005 - 18- Item V- F.1. MINUTES ITEM # 54304 Upon motion by Councilman Reeve, seconded by Councilman Schmidt, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSION of August 9, 2005 Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Mayor Meyera E. Oberndorf and Rosemary Wilson Council Members Absent: None Mayor Oberndorf ABSTAINED, as she was not in attendance during the City Council Session of August 9, 2005, but was leading a delegation to Moss, Norway (Virginia Beach's Sister City). The Mayoral delegation was attending the 1 OO-year Independence Ceremony of Norway's freedom from Sweden Council Lady Wilson ABSTAINED, as she was not in attendance during the City Council Session of August 9, 2005, but was visiting daughter in Seattle, Washington August 23, 2005 - 19- Item V-G.1. AGENDA FOR FORMAL SESSION ITEM #54305 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION August 23, 2005 - 20- Item V-H.i. MAYOR'S PRESENTATION ITEM #54306 Nancy A. Creech, President - Virginia Beach Neptune Festival, advised the Festival's thirty-two (32) years has produced wonderful experiences. The Neptune Festival has grown to be the largest special event of its kind in the Commonwealth of Virginia and one of the ten (10) largest on the East Coast, Over 1200 Virginia Beach residents are active volunteers with the Neptune Festival. Mrs. Creech introduced John Malbon, Chairman of the Board - 2005 Neptune Festival. John Malbon introduced King Neptune XXXII and his Court: 2005 ROYAL COURT KING NEPTUNE XXXII Morgan Davis PRINCESSES Renee Ainslie Alii Beach Lindsay Burgess Kellee Jones Alexis Kennedy-Derkay Lindsay Leitner Kelly McLaughlin Anne Douglas Sessoms Lauren Stock Lindsey Weathersby Shelley Wong Angela Xu TRITONS Roy Anderson Laurence Enderson Michael King Michael Levinson Stephen McNulty Craig Mytelka Michael Rodriguez Michael Sifen King Neptune XXXII, Morgan Davis, advised he was proud and humbled. Morgan Davis quoted from the 2005 edition of Coastal Living Magazine, Page 26: ". .Just opening this Spring, the Hilton Virginia Beach Oceanfront brings a new level of luxury to this long time vacation town. If you are planning a trip in the Fall, consider visiting September Thirtieth through October Second when the City hosts the Annual Neptune Festival. This year it will dedicate a 24-foot, 12 IJ:-ton bronze sculpture of the Roman God of the Sea ". Mayor Oberndorf advised Morgan Davis spearheaded the raising offunds to create this wonderful Neptune Statue, without cost to the taxpayers. August 23, 2005 - 21 - Item V-H.2 MAYOR'S PRESENTATION ITEM #54307 Mayor Oberndorf PRESENTED: Government Finance Officers Association (GFOA) Award to Patricia Phillips Director - Department of Finance Mayor Oberndorf acknowledged the dedicated and excellent service of Patricia A. Phillips, Director - Department of Finance. This is a Government Finance Officers Association (GFOA) Award and is a certificate of achievement for excellence in financial reporting presented to the City of Virginia Beach for its Comprehensive Annual Financial Report (CAFR). Government Finance Officers Association of the United States and Canada (GFOA) presents this award to government units and public employee retirement systems, whose Comprehensive Annual Financial Reports achieve the highest standard in government accounting and financial reporting. Mrs. Phillips A CCEPTED the award and advised this is the twenty-fifth consecutive year the Department has been so recognized for its accounting practices. Mrs. Phillips acknowledged this award also reflects the good judgment and professionalism of the City Council and City Departments. The Certificate of Achievement is the highest form of recognition in the area of Governmental accounting and financial reporting. Mrs. Phillips expressed appreciation to Don Barnett - Comptroller and Richard Lester - Principal Accountant. August 23, 2005 - 22- Item V-H.3. MAYOR'S PRESENTATION ITEM #54308 Mayor Oberndorf RECOGNIZED: Miss Virginia Beach Kimberly Paschall Miss Teen Virginia Beach Shannon Marie Oliver Miss Pre-teen Virginia Beach Elisa Michelle Trent Little Miss Virginia Beach Rachel Joy Olson Miss Teen Virginia, Elle Bun, was unable to attend. Mayor Oberndorf presented mementoes of the City of Virginia Beach to the young ladies. Miss Virginia Beach, Kimberly Paschall expressed appreciation to the Mayor and City Council. She is a rising freshman at the Catholic University of America in Washington D, C. Kimberly attended the Miss Virginia Pageant in June and is committed to continue her platform "Arts in Action - Brightening Schools and Communities through Artistic Outreach. Polly Pierce accompanied these outstanding youth citizens. August 23, 2005 - 23- Item V-I.1. PUBLIC COMMENT ITEM #54309 Mayor Oberndorf DECLARED A PUBLIC COMMENT: SOUTHEASTERN PARKWAY and GREENBELT There being no speakers, Mayor Oberndorf CLOSED the PUBLIC COMMENT. August 23, 2005 - 24- Item V-I.1.2. PUBLIC COMMENT ITEM #54310 Mayor Oberndorf DECLARED A PUBLIC COMMENT: TOWN CENTER, PHASE III Lou Haddad, President and Chief Executive Officer - Armada Hoffler, advised ground was broken for Town Center in the Summer of 2000. An island was attempted to be constructed in an under utilized area of the City. Phase II is now being completed. Phase III will complete the transformation of Town Center into a World Class Destination. Mr. Haddad advised as a veteran of seventeen (17) public/private partnerships, the experience with Virginia Beach has been the best, Mr. Haddad commended the City Manager and the City Attorney as well as their respective staffs, With the completion of Phase II, over $190-MILLION private investment with approximately $48-MILLION City investment, With the Phase III completion, the private investment will be over $350-MILLION The centerpiece of Phase III will be the Westin Hotel. The base of the Westin hotel will encompass approximately 40,000 square fee of retail, On top of this retail will be 1,000 parking spaces (rising approximately 5 floors above the ground). Ten (10) stories of hotel rooms will rise above this and twenty-one (21) stories of condominiums, The building is 501 feet (as currently planned), There will be 38 (thirty-eight) stories, which includes at the top two (2) mechanicalfloors. This is the tallest building in Hampton Roads and the State, a wonderful Beacon for Town Center, The Westin Hotel, $130- MILLION project) will boast 4-star accommodations. The new Convention Center was one of the main factors in luring the Westin to Virginia Beach. Construction will entail approximately two (20 years. Mr. Haddad displayed depictions of the Westin Hotel, This towerwillll extend approximately 120 feet higher than the current tower. Deputy City Attorney Carol Hahn advised Prior Phase III Briefings/Actin: September 7, 2004 September 16, 2004 August August 9, 2005 18,2005 Closed Session Closed Session Briefing to Virginia Beach Development Authority Briefing to City Council Briefing to Virginia Beach Development Authority Public Comment City Council approval of Term Sheet Virginia Beach Development Authority approval of Term Sheet Closed Session Briefing to City Council Closed Session Briefing to Virginia Beach Development Authority November 9,2004 November 18,2004 November 23,2004 January 4, 2005 January 20, 2005 Elements of Phase III Block 6 Performing Arts Theatre (City Project) Approximately 40,000 square foot office/retail space, on two residual parcels August 23, 2005 - 25 - Item V-I.J.2. PUBLIC COMMENT TOWN CENTER ITEM#54310 (Continued) Block 7 Approximately 38-story hotel/condominium tower ($130-MILLION Private) 119 unit (20) residential condominium 240-room (10 floors) full-service Westin Hotel 40,000 square foot ground floor retail/office space and hotel lobby 25,000 square foot meeting room/conference facility ($7. 7-MILLION Public) .:i:. 950 car parking garage (.:i:.21 0 condo parking and.:i:. 740 public parking) ($16.4-MILLION Public) Block 9 75,000 - 100,000 square foot multi-story multi-use (may include loft residential Condos) (All private investment) Obligations of Authority Sell Developer land for Phase III under existing option agreement Purchase approximately 750 spaces of the Block 7 parking garage for public parking ($16. 4-MILLION) Purchase meeting room/ conference facility ($7. 7-MILLION) Enter into an agreement for management and operation of meeting room/conference facility Pay into escrow $150,000 per year as afeefor capital reserves, maintenance and repair Purchase pedestrian bridge over Columbus Street connecting Block 12 Garage (Dicks) and Block 7 Garage (Westin) ($l,5-MILLION) Construct traditional public infrastructure (streetscapes) around Blocks 7, 9 and part of6 ($l,65-MILLION) Obligations of Developer Purchase land required for development and construction of Phase III Dedicate land necessary for public infrastructure Invest .:i:. $130-MILLION in Phase III August 23, 2005 - 26- Item V-LJ.2. PUBLIC COMMENT TOWN CENTER ITEM #54310 (Continued) Other Changes Block 11 Developer and Authority have good faith intention to preserve Block 11 for a second high-rise Class-A office tower as contemplated in original concept of Town Center Conforming Changes Extend by one year dates by which Developer must purchase Block 12, Retail Space and remaining Option Land Principles of Proposed Phase III Investment partnership between Developer and Authority - Economic Development Park All of the Virginia Beach Development Authority obligations are supported by a Support Agreement between the City and Authority The Authority obligations are supported by the City and structured to be paid from the revenues of Tax Increment Financing District (TIF) and Special Tax District revenues Traditional public infrastructure (streets, street-scapes) to be funded through the Capital Improvement Program (CIP) and the Economic Development Investment Programfunds (EDIP) The TIF is designed to accumulate funds to pay for purchase of the parking garage and pedestrian bridge and to pay for purchase of an on-going management and capital maintenance of meeting room conference facility Special Tax District pays for operation and maintenance costs of the Authority in operating parking garage Project paid for by TIF revenues; Special Tax available to cover shortfalls in the TIF except if shortfall in TIF occurs because of reduction in real estate tax rate. August 23, 2005 -,----- -27- Item V-L1.2. PUBLIC COMMENT TOWN CENTER ITEM #54310 (Continued) Patricia Phillips, Director of Finance, advised the estimated public costs and projected net fiscal impacts: Phase III Estimated Public Costs (Millions) TIF Supported Costs (PFR Bonds) Garage $16.4 Meeting Space $ 7.7 Pedestrian Bridge $ 1,5 TOTAL ESTIMATED TIF SUPPORTED COSTS $ 25.6 CIPIEDIP Supported Costs Streets capes $ 1.65 Phase III Project Net Fiscal Impacts (Millions) Over 10 years $ 23.7 Over 20 years $ 56.1 There being no speakers, Mayor Oberndorf CLOSED the PUBLIC COMMENT. August 23, 2005 - 28- Item V-K. ORDINANCES/RESOLUTIONS ITEM # 54311 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED IN ONE MOTION Items 2,3,4,5 and 6 of the CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None Council Lady McClanan voted a VERBAL NAY on Item K,4 of the CONSENT AGENDA, August 23, 2005 - 29- Item V-K.1. ORDINANCES/RESOLUTIONS ITEM # 54312 William Bailey, 4841 Rosecroft Street, Phone: 495-0637, registered in support Robert Dean, Communications Director - representing the Virginia Beach Taxpayer Alliance, registered in opposition, Upon motion by Councilman Diezel, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to ESTABLISH the annual salaries of the Mayor and Council Members at $30,000 and $28,000, respectively, effective July 1, 2006 (City Code 915.2-1414.6) Voting: 6-5 Council Members Voting Aye: Harry E, Diezel, Vice Mayor Louis R. Jones, Richard A. Maddox, Jim Reeve, Ron A. Villanueva, and Rosemary Wilson Council Members Voting Nay: Robert M. Dyer, Reba S. McClanan, Mayor Meyera E. Oberndorf, Peter W. Schmidt and James L. Wood Council Members Absent: None August 23, 2005 1 2 3 4 5 6 7 AN ORDINANCE TO SET THE ANNUAL SALARIES OF THE MAYOR AND COUNCILMEMBERS AT $30,000 AND $28,000, RESPECTIVELY, EFFECTIVE JULY 1, 2006 WHEREAS, Code of Virginia ~ 15.2-1414.6 provides that 8 cities with a population of 260,000 or more may set the annual 9 salaries of their mayor and councilmembers at $30,000 and 10 $28,000, respectively; 11 WHEREAS, this section further provides that "[n] 0 increase 12 in the salary of a member of council shall take effect until 13 July 1 after the next regularly scheduled general election of 14 council members," such that any increase in councilmembers' 15 salaries would not be effective until July 1, 2006. 16 WHEREAS, the current annual salaries of the Mayor and 17 members of Council, which became effective July 1, 1989, are 18 $20,000 and $18,000 respectively, and are below the salaries 19 paid for the Mayors and City Councilmembers In Chesapeake, 20 Norfolk, Portsmouth, Hampton and Newport News; and 21 WHEREAS, it is the opinion of City Council that the 22 annual salaries of the Mayor and members of Council should be 23 increased, effective July 1, 2006, to $30,000 and $28,000, 24 respectively. 25 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: -1 27 1. That, in accordance with Code of Virginia ~ 15,2- 28 1414.6, and except as provided in Paragraph 3, the annual 29 salaries of the Mayor and members of City Council are hereby 30 set, effective July I, 2006, at $30,000 and $28,000, 31 respectively; 32 2. That the City Manager is hereby directed to include in 33 the FY 2007 Operating Budget adequate funding for these salary 34 increases; and 35 3. That Ordinance 2711F, adopted on July 2, 2002, which 36 established the salary of the City Councilmember representing 37 the Beach District at Zero Dollars ($0.00), shall be unaffected 38 by this Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day of August , 2005. CA-8143 H:\P&A\GG\Ord&Res\Proposed\Salaryord.doc R-4 July 7, 2005 APPRO~ED AS TO LEGAL ~/lI. City Attorney's Office IENCY: 2 - 30- Item V-K,2. ORDINANCES/RESOLUTIONS ITEM # 54313 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to A UTHORIZE acquisition o.f property in fee simple re right-of- way for Rosement Road/Virginia Beach Boulevard right turn lane at Virginia Beach Boulevard and the acquisition of temporary and permanent easements, either by agreement or condemnation, Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E, Oberndorf, Jim Reeve, Peter W Schmidt, Ron A, Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None August 23,2005 1 ANORDINANCETOAUTHO~EACQillSITION 2 OF PROPERTY IN FEE SIMPLE FOR RIGHT OF 3 WAY FOR ROSEMONT ROADNIRGINIA BEACH 4 BOULEVARD RIGHT TURN LANE PROJECT 5 (C.I.P. 2-285.102) AND THE ACQUISITION OF 6 TEMPORARY AND PERMANENT EASEMENTS, 7 EITHER BY AGREEMENT OR CONDEMNATION 8 9 10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public 11 necessity exists for the construction of this important roadway project to reduce traffic congestion 12 and improve transportation within the City and for other related public purposes for the preservation 13 of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in 14 the City of Virginia Beach. 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 1 7 Section 1. That the City Council authorizes the acquisition by purchase or condemnation 18 pursuant to Sections 15.2-1901, et seq., Sections 33.1-89, et seq., and Title 25.1 of the Code of 19 Virginia of 1950, as amended, of all that certain real property in fee simple, including temporary and 20 permanent easements (the "Property"), as shown on the plans entitled "ROSEMONT 21 ROADNIRGINIA BEACH BLVD RIGHT TURN LANE C.I.P. 2-285.102," (the "Project") and 22 more specifically described on the acquisition plats for the Project (plats and plans collectively 23 referred to as the "Plans"), the Plans being on file in the Engineering Division, Department of Public 24 Works, City of Virginia Beach, Virginia. 25 Section 2. That the City Manager is hereby authorized to make or cause to be made on behalf 26 of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners 27 or persons having an interest in said Property. Ifrefused, the City Attorney is hereby authorized to 28 institute proceedings to condemn said Property. 29 Adopted by the Council of the City of Virginia Beach, Virginia, on the 23 rd day of 30 August ,2005. 31 32 33 CA- 9650 3 4 PREPARED: 05/19/05 35 APPROVED AS TO CONTENT 36 39 40 41 42 43 44 ~ C. ~L/J.541 NATURE fliJ fEfii [ntili DEPARTMENT 37 38 APPROVED AS TO LEGAL SUFFICIENCY AND FORM F:\Data\A TY\OID\REAL EST A TE\Acquisitions\WORKING . COND\Acquisitiou Ordinances\ca96S0.0rdinance.doc 45 46 47 48 49 M~~~ {Q~ ~ CITY ATTORNEY --.. PERMANENT RIGHT - OF- WAY TO BE ACQUIRED APPROX. 2,600 S.F. ~ TEMPORARY CONSTRUCTION EASEMENT TO BE ACQUIRED CH BLVO. VIRGINIA BEA I CD Q NORFOLK & SOUTHERN RR R/W BONNEY RD. cfJ 00 ------- LOCATION MAP ROSEMONT ROAD /VIRGINIA BEACH BLVD. RIGHT TURN LANE PROJECT CIP 2.285.102 SCALE: 1" = 200' ROSEMONT VA BEACH BLVD.DGN M.J.S. PREPARED BY PM' ENG. CADD DEPT, JUNE 1, 2005 - 31 - Item V-K.3. ORDINANCES/RESOLUTIONS ITEM # 54314 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Resolutions to APPROVE the design and Public Hearing: a, Indian River Road Phase VII b, Elbow Road Extended Phase II Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None August 23, 2005 1 A RESOLUTION FOR APPROVAL OF THE 2 DESIGN AND THE DESIGN PUBLIC HEARING 3 FOR INDIAN RIVER ROAD PHASE VII (CIP 4 2-256) 5 WHEREAS, in the opinion of the Council of the City of Virginia 6 Beach, Virginia, a public necessity exists for the construction of 7 this important roadway project to improve transportation within the 8 City and for other related public purposes for the preservation of 9 the safety, health, peace, good order, comfort, convenience, and 10 for the welfare of the people in the City of Virginia Beach; 11 WHERAS, a Design Public Hearing was conducted on January 13, 12 2005, ("Public Hearing") in the City of Virginia Beach by 13 representatives of the City of Virginia Beach after due and proper 14 notice for the purposes of considering the proposed design of 15 Indian River Road Phase VII CIP 2-256 (VDOT Project UOOO-134-147, 16 PE101, RW201, C501), (the "Project"), in the City of Virginia 17 Beach, at which time drawings and other pertinent information were 18 made available for public inspection in accordance with state and 19 federal requirements; 20 WHEREAS, all persons and parties in attendance were afforded 21 full opportunity to participate in said Public Hearing; 22 WHEREAS, representatives of the City of Virginia Beach were 23 present and participated in said Public Hearing; and 24 WHEREAS, the Project is included in the First Cities (Urban 25 Construction Initiative) program. 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 1. The major design features of the Project as presented at 29 the Public Hearing conducted on vanuary 13, 2005, and which are set 30 forth on the Location Map attached hereto, are hereby approved. 31 2 . The City of Virginia Beach will acquire all rights of way 32 necessary for the Project and certify same to the Virginia 33 Department of Transportation at the appropriate time. 34 35 Adopted by Virginia, on the the Council 23rd day of of the City August of Virginia , 2005. Beach, /# VtJ. P- Department of Public Works - APPROVED AS TO LEGAL SUFFICIENCY jJ~lJlt~ APPROVED AS TO CONTENT CA9724 H/P&A/OrdRes/Indian River Road August 10, 2005 R-2 0\ \ ~/ l' f lvp I \ LOCA liON MAP FO INDIAN RIVER ROAD PHASE VII (CIP 2-256) o SCALE: 1" = 1600' INDIAN RIVER VII.DGN M,j.S. PREPARED BY P/'N ENG. CADD DEPT. MARCH 15, 2005 1 A RESOLUTION FOR APPROVAL OF THE 2 DESIGN AND THE DESIGN PUBLIC HEARING 3 FOR ELBOW ROAD EXTENDED PHASE I I 4 (CIP 2-152) 5 WHEREAS, in the opinion of the Council of the City of Virginia 6 Beach, Virginia, a public necessity exists for the construction of 7 this important roadway project to improve transportation within the 8 City and for other related public purposes for the preservation of 9 the safety, health, peace, good order, comfort, convenience, and 10 for the welfare of the people in the City of Virginia Beach; 11 WHEREAS, a Design Public Hearing was conducted on January 13, 12 2005, ("Public Hearing") in the City of Virginia Beach by 13 representatives of the City of Virginia Beach after due and proper 14 notice for the purposes of considering the proposed design of Elbow 15 Road Extended Phase II CIP 2-152 (VDOT Project UOOO-134-146, PEI0l, 16 RW201, C501), (the "Project"), in the City of Virginia Beach, at 17 which hearing aerial photographs, drawings, and other pertinent 18 information were made available for public inspection in accordance 19 with state and federal requirements; 20 WHEREAS, all persons and parties in attendance were afforded 21 full opportunity to participate in said Public Hearing; 22 WHEREAS, representatives of the City of Virginia Beach were 23 present and participated in said Public Hearing; and, 24 WHEREAS, the project is included in the First Cities (Urban 25 Construction Initiative) program. 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 1. The major design features of the Project as presented at 29 the Public Hearing conducted on January 13, 2005, and which are set 30 forth on the Location Map attached hereto, are hereby approved. 31 2. The City of Virginia Beach will acquire all rights of way 32 necessary for the Project and certify same to the Virginia 33 Department of Transportation at the appropriate time. 34 35 Adopted by Virginia, on the the 23rd Council day of of the August City of Virginia , 2005. Beach, #luL~~ Department ot Public Works APPROVED AS TO LEGAL jjJk PI JlruJ City Attorney's Office APPROVED AS TO CONTENT CA9725 H!P&A!OrdRes!Elbow Road RES.doc August 10, 2005 R-2 ~ ~ ~ ~ ~ LOCATION MAP FOR ELBOW ROAD EXTENDED PHASE II (CIP 2-152) SCALE: 1" - 2400' ELBOW RD.DGN M.j.S. PREPARED BY PIW ENG, CADD DEPT. MARCH 15,2005 - 32- Item V-K.4. ORDINANCES/RESOLUTIONS ITEM # 54315 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to A UTHORIZE temporary encroachments into a portion of City property, known as "The Cove" of the Eastern Branch of the Lynnhaven River, by LINDA R. and RICHARD J. SERPE at 3145 Adam Keeling Road re aflXed pier, boat lift, covered boat lift shelter, aluminum ramp and floating dock. (DISTRICT 5 -LYNNHAVEN) The following conditions shall be required: 1. The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval. 2. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal, 3. The applicant shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be necessaJY to file or defend an action arising out of the location or existence of the temporary encroachment. 4. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard 6. The applicant must obtain a permit from the Office of the Planning Department prior to commencing any construction within the encroachment area. August 23, 2005 - 33- Item V-K.4. ORDINANCES/RESOLUTIONS ITEM # 54315 (Continued) 7. The applicant must obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant agrees to carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant will provide endorsements providing at least thirty (30) days' written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies, The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment, 8. The applicant shall submit for review and approval a survey of the encroachment area, certified by a registered professional engineer or a licensed land surveyor and/or "as built" plans of the temporary encroachment, sealed by a registered professional engineer, if required by the City Engineer's Office or the Engineering Division of the Public Utilities Department. 9, The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant for the use of the encroachment area, the equivalent of what would be the real property tax upon the land so occupied ifit were occupied by the applicant; and ifsuch removal shall not be made within the time ordered hereinabove by this agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 10-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E, Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, James 1. Wood and Rosemary Wilson Council Members Voting Nay: Reba S. McClanan Council Members Absent: None August 23, 2005 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS 4 INTO AND UPON A PORTION OF CITY PROPERTY KNOWN AS THE 5 COVE OF EASTERN BRANCH L YNNHA VEN RIVER BY LINDA R. 6 SERPE AND RICHARD J. SERPE, CO-TRUSTEES UNDER THE LINDA 7 R. SERPE DECLARATION OF TRUST, DATED APRIL 27,2004, THEIR 8 HEIRS, ASSIGNS AND SUCCESSORS IN TITLE 9 10 WHEREAS, Linda R. Serpe and Richard J. Serpe, Co-Trustees Under The Linda 11 R. Serpe Declaration Of Trust, Dated April 27, 2004, desire to construct and maintain a 12 proposed fixed pier, boat lift, covered boat lift shelter, aluminum ramp and floating dock, 13 into and upon a portion of City property known as the Cove of Eastern Branch 14 Lynnhaven River. 15 WHEREAS, City Council is authorized pursuant to SS 15.2-2009 and 15.2-2107, 16 Code of Virginia, 1950, as amended, to authorize temporary encroachments into and 17 upon a portion of the City's property subject to such terms and conditions as Council 18 may prescribe. 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 That pursuant to the authority and to the extent thereof contained in SS 15.2- 22 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Linda R. Serpe and Richard 23 J. Serpe, Co-Trustees Under The Linda R. Serpe Declaration Of Trust, Dated April 27, 24 2004, their heirs, assigns and successors in title are authorized to construct and 25 maintain temporary encroachments for a proposed fixed pier, boat lift, covered boat lift 26 shelter, aluminum ramp and floating dock, into and upon a portion of the City's property 27 as shown on the map marked Exhibit "A" attached hereto and entitled: 28 "ENCROACHMENT AGREEMENT PLAT PARCEL 2, M.B. 118 PG. 8 GPIN 1499-16- 29 1739 FOR LINDA SERPE VIRGINIA BEACH, VIRGINIA," a copy of which is on file in 30 the Department of Public Works and to which reference is made for a more particular 31 description; and 32 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 33 subject to those terms, conditions and criteria contained in the Agreement between the 34 City of Virginia Beach and Linda R. Serpe and Richard J. Serpe, Co-Trustees Under 35 The Linda R. Serpe Declaration Of Trust, Dated April 27, 2004, (the "Agreement"), 36 which is attached hereto and incorporated by reference; and 37 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 38 is hereby authorized to execute the Agreement; and 39 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 40 time as , Linda R. Serpe and Richard J. Serpe, Co-Trustees Under The Linda R. Serpe 41 Declaration Of Trust, Dated April 27, 2004, and the City Manager or his authorized 42 designee execute the Agreement. 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the 44 23rd day of Auqust ,2005. 45 PROVED AS TO CONTENTS 46 11 C .'- {)S/V\.. 47 NATURE 48 fw REitJ Ed$ 49 DEPARTMENT 50 51 APPROVED AS TO LEGAL 52 S I ENCY AND FO M 53 54 55 56 57 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDA TION TAXES UNDER SECTION 58.1-811(c) (3) THIS AGREEMENT, made this rt" day Ofj~wt ' 2005, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and LINDA R. SERPE AND RICHARD J. SERPE, CO-TRUSTEES UNDER THE LINDA R. SERPE DECLARATION OF TRUST, DATED APRIL 27, 2004, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "PARCEL "2"" and shown on that plat entitled: SUBDIVISION OF PROPERTY OF GEORGE E. & ELIZABETH C. LANGLEY" (MB 108, PG 118A) and being further designated and described as 3145 Adam Keeling Road, Virginia Beach, Virginia 23454-1003; WHEREAS, it is proposed by the Grantee to construct and maintain a proposed fixed pier, boat lift, covered boat lift shelter, aluminum ramp and floating dock, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into and upon a portion of City property known as the Cove of Eastem Branch Lynnhaven River "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN: 1499-16-1739 NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ENCROACHMENT AGREEMENT PLAT PARCEL 2, M.B. 118 PG. 8 GPIN 1499- 16-1739 FOR LINDA SERPE VIRGINIA BEACH, VIRGINIA," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. 2 It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment 3 sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner pI:ovided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Linda R. Serpe and Richard J. Serpe, Co-Trustees Under The Linda R. Serpe Declaration Of Trust, Dated April 27, 2004, the said Grantee has caused this Agreement to be executed by their signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS P AGE WAS INTENTIONALLY LEFT BLANK) 4 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk ,A. ~f)/~ Lr2. R. Serpe, co~ee STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: e, Co-Trustee The foregoing instrument was acknowledged before me this 23rd day of Auqust , 2005, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 23 rd day of Allgll~t , 2005, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: 5 STATE OF CITY/COUNTY OF /Jor~IIG , to-wit: The foregoing instrument was acknowledged before me this /o..Ji--day of -5J1 vr ,2005, by Linda R. Serpe and Richard J. Serpe, Co-Trustees Under The Linda R. Serpe Declaration Of Trust, Dated April 27, 2004. ,/' /J . ~~~~~ Notary Public My Commission Expires: 'f; / ,l/ / 0 ~ APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM c s~~ C, O(utJ5VI\ Pm ReAl Es1iit1 DEPARTMENT X:\Projects\Encroachments\Applicants\Serpe, Linda, et al- Eastern Branch Lynnhaven River RB\Agreement Encroachment.Fnn,doc 6 EXHIBIT "A" GPIN 1499-1 L J645 t \ 15' PRIVATE CHANNEL .., USACOE PERMIT #95-0087-08 '\ \ BANK #3145 I 2 STY r BRICK/FRM RESIDENCE ./'" PROP. ALUMINUM RAMP PROP. FLOATING DOCK PROP. w l() '<;j- '<;j- PIER, BOATL I FT AND C'l DREDG I NG APPROVED ~z I # VB04-259-NW I "!:;'J' \(). ttrs 11& /)Q & --.J W W ~ 2 30' DRAINAGE & <C NAVIGATION EASE. I 0 M.B. 118 PG. 8 I <C BANK GPIN 1499-16-3754 - ------ DATE: 06/01/05 - ~AINAGE EASE. .B. 118 PG. 8 S30.35'15"E 1 02.55' GPIN 1499-16-5164 - GPIN DESIGNED: - ENCROACHMENT AGREEMENT PLAT PARCEL 2, M.B. 118 PG. 8 GPIN 1499-16-1739 FOR LINDA SERPE ::..":."::.,....:..-..,.:::..::..,-.::<...:::.:..::::.:::.:.:.:.:.:.:-..-.....,....::..':::':,,::,,-<..::.::," ..angJe,~~d:iDc ElI~lIl. PWtttinl.SllI"WJitll 309 Lynnhaven Parkway Virginia Beach! VA 23452 PH: (757) 463-4306 FAX; (757) 463-3563 DRAWN: WAl L&0 SCALE: ,. - 40' PROJ. II: 2004-015 VIRGINIA BEACH, VIRGINIA o . .~... .' :' " -:. " ,.-.... CO ~ CL CO CD ~ '--' ,.-.... ~ 0:::: ~ o l.{) '--' o <C o Ct: C) Z , , ' .. ~ LONG CREEK ~ L2J Do 0 c=;] o C::; =:J o o o a ~u LOCATION MAP > ENCROACHMENT REQUEST () (\ FOR A PIER AND BOATLlFT )/ \) LINDA R. SERPE AND RICHARD J. SERPE, CQ- TRUSTEES GPIN 1499-16-1739 SCALE: 1" = 200' ADAM KEELlNGDGN M.J.S. PREPARED BY P;W ENG, CADD DEPT, JUNE 2, 2005 Linda R. Serpe Encroachment Application .. . .1„. ..,- "..., ,.. .. .0,144,-, , .4., :...., .. .,„ tiz, ,,-,..,_ ,„ i to * + t'-t r*'. • .v.: y. ' '• .` i ,.r Yy 't. a rr' .. � �y��y'�y���^ Ste.7� > ,L._'� s : "���NIcc Ail s , w+. f z 1.;' Applicant's backyard&neighbor's pier across canal ��!t• .i" te ' r s• j a ' j �'T �.. .` ft.r •! 4.4._ -_ir 0 4,00 , . .iti ,... t 4 i . ,. ......4 ft ., 4 t . . ' 1 , i ., • ., /« 1 Neighbor's pier across canal Linda R. Serge Encroachment Application _4::::::, .7. 05:jr,i,....01.e. 0. .,...#4 ........._ _ . .„. .„.„,,, .. ., ,. . . __ Yn .. „..... .......„ ... • _ , „ ,• .„.„.,..„._:._,, ,,,,..„,..„„,„ ,:_,....,_. .. ... . at., . A '.*-: >c i g il lS � 1 y .. 1„...: ... ,,,,, 4,,I i -',‘„,: it d `,$-- I,rse ' - -$) - oc4f44 — Applicant's backyard -1` , - „ r �( _ T Y. T . tip A i • _ J n wLr:_ _ }s j Y r.iL. #' • j :z.' _, 111111i Applicant's backyard - 34- Item V-K.5. ORDINANCES/RESOLUTIONS ITEM # 54316 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $200,000 from the Federal Emergency Management Agency (FEMA) to the Fire Department's FY 2005- 2006 Operating Budget re a deployment related to Hurricane Dennis. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None August 23, 2005 1 2 3 4 5 6 7 8 AN ORDINANCE TO ACCEPT AND APPROPRIATE $200,000 FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY TO THE FIRE DEPARTMENT'S FY 2005-06 OPERATING BUDGET FOR A DEPLOYMENT RELATED TO HURRICANE DENNIS WHEREAS, the Federal Emergency Management Agency (FEMA) 9 issued an alert order for members of the FEMA Urban Search and 10 Rescue Virginia Task-Force 2 for deployment related to Hurricane 11 Dennis and has approved $200,000 in reimbursement costs for 12 expenses related to the Hurricane Dennis deployment. 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA: 15 That $200,000 in federal funds is hereby accepted from the 16 Federal Emergency Management Agency and appropriated to the Fire 17 Department's FY 2005-06 Operating Budget, for costs associated 18 with the deployment of members of the urban search and rescue 19 team, with federal revenue increased accordingly. 20 Accepted by the Council of the City of Virginia Beach, 21 Virginia on the 23rd day of August , 2005. Approved as to Content Approved as to Legal Sufficiency LA)f/{;&;/ f If / J kv/ City Attorney's Office CA9718 H:\PA\GG\OrdRes\FEMA Hurricane Dennis ORD R-2 August 11, 2005 U.S. Department of Homeland Security 500 C Street, SW Washington, DC 20472 . FEMA Mr. Mark Piland Battalion Chief Virginia Beach Fire Department Special Operations, Municipal Center 2408 Courthouse Drive, Building #21 Virginia Bea9h, VA 23456-9065 JUL 1 3.2005 Re: EMW-2003-CA-Olll - MOI2, M013, & MOl4 Dear Chief Piland: Enclosed are three copies of Amendments MOI2, MOD, and MOl4 for Cooperative Agreement EMW-2003-CA-0111 in the amounts of$20,000.00, $28,000.00, and $700,000.00 for review and signature. If, acceptable, please sign three (3) copies of the award amendment documents and send two copies as soon as possible to my attention at the following address: Department of Homeland Security EP&R/FEMA Grants Management Branch 500 C Street, S.W., Room 334 Washington, D. C. 20472 Attention: Sylvia A. Carroll The third copy is yours to retain as your fully executed copy. Please feel free to contact me at (202) 646-3503, if you have any questions. ' Sincerely, xtA~ 11-. ~ " -,- Sylvia A. Carroll Grants Management Specialist Enclosures to). FEDERAL EMERGENCY MANAGEMENT AGENCY ASSISTANCE AWARD/AMENDMENT 1. ASSISTANCE INSTRUMENT 2, TYPE OF ACTION , o COOPERATIVE AGREEMENT o GRANT D AWARD o AMENDMENT 3, INSTRUMENT NUMBER 4, AMENDMENT NUMBER 5. EFFECTIVE DATE 16. CONTROL NUMBER EMW-2003-CA-0111 M014 See Block 21 WN01075Y2005T 7, RECIPIENT NAME AND ADDRESS 8, ISSUING/ADMINISTRATION OFFICE Virginia Beach Fire Department Federal Emergency Management Agency Attn: Mark Piland FLnancial & Acquisition Management Div Battalion Chief Grants Management Branch Special Operations, Municipal Center 500 C Street, S.W., Room 350 2408 Courthouse Drive, Building 1121 Washington DC 20472 Virginia Beach VA 23456-9065 Specialist: Sylvia A. Carroll 202-646-3503 9. RECIPIENT pROJECT MANAGER 10, FEMA PROJECT OFFICER Mark Piland 757-219-2020 Wanda Casey, 202-646-4013 11. ASSISTANCE ARRANGEMENT 12, PAYMENT METHOD 13, PAYMENT OFFICE ~ COST REIMBURSEMENT o TREASURY CHECK Federal Emergency Management Agency o COST SHARING REIMBURSEMENT Accounting Services Division o FIXED PRICE 0 Disbursement & Receivables Branch ADVANCE CHECK 500 C Street, S.W., Room 723 o OTHER 0 LETTER OF CREDIT Washington DC 20472 14, ASSISTANCE AMOUNT 15, ACCOUNTING & APPROPRIATION DATA PREVIOUS AMOUNT $1,858,857.53 See Continuation Page AMOUNT THIS ACTION $700,000.00 TOTAL AMOUNT $2,558,857.53 16. DESCRIPTION OF PROJECT This amendment, M014, provides funding for. support to the Hurricane Dennis response effort. The total amount obligated under this agreement is hereby increased by .$700,000.00 from $1,858,857.53 to $2,558,857.53. All other terms and conditions remain in effect. END OF AMENDMENT M014 17, RECIPIENT REQUIREMENT [!] RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO THE ISSUING/ADMIN OFFICE IN BLOCK 8. o RECIPIENT IS NOT REQUIRED TO SIGN THIS DOCUMENT. 18. RECIPIENT (Type name and tille) FEMA For 19. ASSISTANCE OFFICER (Type name and title) Richard Goodman Assistance Officer Fire DAJul 1 320m) _0., FEDERAL EMERGENCY MANAGEMENT AGENCY ASSISTANCE AWARD/AMENDMENT 1, ASSISTANCE INSTRUMENT 2. TYPE OF ACTION [!J COOPERATIVE AGREEMENT o GRANT o AWARD 0 AMENDMENT 3, INSTRUMENT NUMBER 4. AMENDMENT NUMBER 5, EFFECTIVE DATE 16. CONTROL NUMBER EMW-2003-CA-Oll1 M012 See Block 21 WNOI033Y200ST 7. RECIPIENT NAME AND ADDRESS 8, ISSUING/ADMINISTRATION OFFICE Virginia Beach Fire Department Federal Emergency Management Agency Attn: Mark piland Financial & Acquisition Management Div Battalion Chief Grants Management Branch Special Operations, Municipal Center 500 C Street, S.W., Room 350 2408 Courthouse Drive, Building #21 Washington DC 20472 virginia Beach VA 23456-9065 Specialist: Sylvia A. Carroll 202-646-3503 9. RECIPIENT PROJECT MANAGER 10, FEMA PROJECT OFFICER Mark Piland 752-427-0693 Wanda Casey, 202-646-4013 11, ASSISTANCE ARRANGEMENT 12, PAYMENT METHOD 13. PAYMENT OFFICE ~ COST REIMBURSEMENT o TREASURY CHECK Federal Emergency Management Agency o COST SHARING REIMBURSEMENT Accounting Services Division o FIXED PRICE 0 Disbursement & Receivables Branch ADVANCE CHECK 500 C Street, S.W., Room 723 o OTHER 0 LETTER OF CREDIT Washington DC 20472 14. ASSISTANCE AMOUNT 15. ACCOUNTING & APPROPRIATION DATA PREVIOUS AMOUNT $1,810,857.53 See Continuation Page AMOUNT THIS ACTION $20,000.00 TOTAL AMOUNT $1,830,857.53 16. DESCRIPTION OF PROJECT This amendment, M012, provides funding for support to the Hurricane Dennis response effort. The total amount obligated under this agreement is hereby increased by $20,000.00 from $1,810,857.53 to $1,830,857.53. All other terms and conditions remain in effect. END OF AMENDMENT M012 17, RECIPIENT REQUIREMENT ~ RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO THE ISSUING/ADMIN OFFICE IN BLOCK 8, o RECiPIENT is NOT REQUIRED TO SIGN THIS DOCUMENT. 18. RECIPIENT (Type name and title) 19. ASSISTANCE OFFICER (Type name and title) Fire Richard Goodman Assistance Officer L DA T5 ut. 1 3 2005 1, ASSISTANCE INSTRUMENT 2. TYPE OF ACTION o COOPERATIVE AGREEMENT o GRANT o AWARD 0 AMENDMENT 3. INSTRUMENT NUMBER 4. AMENDMENT NUMBER 5, EFFECTIVE DATE 16. CONTROL NUMBER EMW-2003-CA-Olll M013 See Block 21 WN01032Y2005T 7. RECIPIENT NAME AND ADDRESS 8. ISSUING/ADMINISTRATION OFFICE Virginia Beach Fir~ Department Federal Emergency Management Agency Attn: Mark Piland Financial & Acquisition Management Div Battalion Chief Grants Management Branch Special Operations, Municipal Center 500 C Street, S.W., Room 350 2408 Courthouse Drive, Building #21 Washington DC 20472 Virginia Beach VA 23456-9065 Specialist: Sylvia A. Carroll 202-646-3503 9, RECIPIENT PROJECT MANAGER 10, FEMA PROJECT OFFICER Mark piland 752-427-0693 Wanda Casey, 202-646-4013 11, ASSISTANCE ARRANGEMENT 12. PAYMENT METHOD 13, PAYMENT OFFICE lil COST REIMBURSEMENT o TREASURY CHECK Federal Emergency Management Agency o COST SHARING REIMBURSEMENT Accounting Services Division o FIXED PRICE 0 Disbursement & Receivables Branch ADVANCE CHECK 500 C Street, S.W., Room 723 o OTHER 0 LETTER OF CREDIT Washington DC 20472 14. ASSISTANCE AMOUNT 15, ACCOUNTING & APPROPRIATION DATA PREVIOUS AMOUNT $1,830,857.53 See Continuation Page AMOUNT THIS ACTION $28,000.00 TOTAL AMOUNT $1,858,857.53 FEDERAL EMERGENCY MANAGEMENT AGENCY ASSISTANCE AWARD/AMENDMENT 16. DESCRIPTION OF PROJECT This amendment, M012, provides funding fo~ support to the Hurricane Dennis response effort, The total amount obligated under this agreement is hereby increased by $28,000.00 from $1,830,857.53 to $1,856,857.53. All other terms and conditions remain in effect. END OF AMENDMENT M013 17, RECIPIENT REQUIREMENT o RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO THE ISSUING/ADMIN OFFICE IN BLOCK 8, o RECIPIENT IS NOT REQUIRED TO SIGN THIS DOCUMENT. 18. RECIPIENT (Type name and title) 19. ASSISTANCE OFFICER (Type name and title) Fire Chief Richard Goodman Assistance Officer DATE I JUl 1 3 2005 OATS, _. 2~URE O~ANCE OFFICER U Ci ~~ ~~C" REPLACES EDITION OF JUL 84, WHICH IS OBSOLE(E\ - 35 - Item V-K. 6. ORDINANCES/RESOLUTIONS ITEM # 54317 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $11,340from the Friends of the Virginia Beach Public Library to the FY 2005-2006 Public Libraries' Operating Budget re the purchase of library books. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None August 23, 2005 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $11,340 2 FROM THE FRIENDS OF THE VIRGINIA BEACH PUBLIC 3 LIBRARY TO THE FY 2005-06 DEPARTMENT OF PUBLIC 4 LIBRARIES OPERATING BUDGET FOR THE PURCHASE OF 5 LIBRARY BOOKS 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That $11,340 in additional gift fund revenue from the 10 Friends of the Virginia Beach Public Library is hereby accepted and 11 appropriated from fund balance in the Virginia Beach Library Gift 12 Fund to the FY 2005-06 Department of Public Libraries budget for 13 the purchase of library books. 14 Adopted by the Council of the City of Virginia Beach, 15 Virginia, on the 23rd day of August , 2005. 16 Requires an affirmative vote by a majority of the members of City 17 Council. Approved As to Content: Approved As To Legal Sufficiency: JJ ~ I~ NrtIU! City Attorney's Office CA9727 H:\PA\GG\OrdRes\Friends R-2 August 11, 2005 of the Library Donation Ord - 36- Item V-L. PLANNING ITEM # 54318 1. SALLIE MARIE KEES VARIANCE 2. ALLTELL COMMUNICATIONS, INC. CONDITIONAL USE PERMIT 3. BUDGET RENT-A-CAR CONDITIONAL USE PERMIT 4. CH&B ASSOCIATES, LLP CONDITIONAL CHANGE OF ZONING 5. MUNDEN LAND, LLC CONDITIONAL CHANGE OF ZONING 6. BRIAN K.. CALLAHAN NONCONFORMING USE 7. CITY OF VIRGINIA BEACH STREET CLOSURES Au}?Ust 23. 2005 - 37- Item V-L. PLANNING ITEM # 54319 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED IN ONE MOTION Items 1, 3, 4, 5 (DEFERRED), 6 and 7 (DEFERRED) of the PLANNING BY CONSENT AGENDA. Item L.5 (Munden Land, LLC) was DEFERRED BY CONSENT, until the City Council Session of September 13, 2005. Item L. 7 (City of Virginia Beach) was DEFERRED BY CONSENT, until the City Council Session of September 27,2005. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None Mayor Oberndorfvoted a VERBAL NAY on Item LA (CH&B Associates, L.L.P.) Council Lady McClanan voted a VERBAL NAY on Item L.3 (BUDGET RENT-A-CAR) and (CH & B Associates, L.L.P.) August 23, 2005 - 38- V-L.l. PLANNING ITEM # 54320 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED the application of SALLIE MARIE KEES for a Variance to 94.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO): Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Sallie Marie Kees. Property is located at 1421 Maharis Road (GPIN 14790120430000). DISTRICT 4 - BAYSIDE The following condition shall be required: 1. The subdivision of the property and the final subdivision plat shall substantially adhere to the submitted plan entitled "Exhibit Plat of Property of J.H Briton and Mildred Jewart for Marie Kees, "prepared by Dennis J. Gerwitz, pc., dated April 6, 2005. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A, Villanueva, James 1. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None August 23, 2005 - 39- V-L.2. PLANNING ITEM # 54321 The following registered to speak in SUPPORT of the application: Attorney Dick Gibson, Tremblay and Smith LLP, Charlottesville, Virginia, Phone: (434) 977-4455, represented the applicant and advised the 120-foot tall monopole communications tower will be of stealth design and located on the southwest side of the L ynnhaven United Methodist Church auxiliary parking lot. Bert Poole, 1268 Heben Cove, Phone: 486-7790, represented the Lynnhaven United Methodist Church Trudy M, Mizell, 3926 Roebling Lane, Phone: 431-2636, member - Lynnhaven United Methodist Church Susan Remmie, 413 Beverly Place, Phone: 340-8241, member - Lynnhaven United Methodist Church Reverend Tom Maddrey, 3018 Edinburg Drive, Phone: 477-1081, Pastor - Lynnhaven United Methodist Church Barbara Jackson, 613 Pinetree Drive, Phone: 498-1204 Harley J Huntemann, 1720 Lake Christopher Drive, Phone: 467-0055, member - Lynnhaven United Methodist Church Mary Faye Huntemann, 1720 Lake Christopher Drive, Phone: 467-0055, member - Lynnhaven United Methodist Church Brian Fierro, 921 King Cross, Phone: 463-3727, Chairman - Board of Trustees, Lynnhaven United Methodist Church Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of ALLTELL COMMUNICATIONS, INC.for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ALL TEL COMMUNICATIONS, INC. FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATION TOWER R080531262 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Alltel Communications, Inc. for a Conditional Use Permit for a communication tower on property located at 1033 Little Neck Road (GPIN 14887486900000). DISTRICT 5 LYNNHA VEN The following conditions shall be required: 1. The tower shall be limited in height to one hundred twenty (I 20) feet. 2, The tower shall be constructed substantially in adherence to the site plan entitled "Alltel, North Little Neck Site" dated March 18, 2005, and prepared by Timmons Group. This site plan has been exhibited to City Council and is on file with the Department of Planning. 3, The tower shall be constructed to accommodate equipmentfor at least one additional wireless provider. August 23, 2005 - 40- V-L.2. PLANNING ITEM # 54321 (Continued) 4. The proposed communication antennae must be mounted "inside the light pole" as depicted on the submitted plans, 5. Unless a waiver is obtained from the Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the tower and all subsequent users, 6. In the event interference with any City emergency communications facilities arises from the users of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference, If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference, 7. Should the antennae cease to be used for a period of more than one (1) year, the applicant shall remove the antennae and their supporting tower and related equipment. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-third of August, Two Thousand Five Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None August 23, 2005 - 41 - V-L.3. PLANNING ITEM # 54322 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED the Ordinance upon application of Application of BUDGET RENT-A-CAR.fora Conditional Use Permit re automobile rentals: ORDINANCE UPON APPLICATION OF BUDGET RENT-A-CAR FOR A CONDITIONL USE PERMIT FOR MOTOR VEHICLE RENTALS R080531263 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Budget Rent-A-Car for a Conditional Use Permit for motor vehicle rentals on property located at 5193 Shore Drive Unit 114 (GPIN 14699777200000). DISTRICT 4 - BAYSIDE The following conditions shall be required: 1, No more than ten (10) rental motor vehicleS shall be allowed on the site at any time. 2. This Conditional Use Permit is for the rental of small trucks, automobiles and sport utility vehicles only. Rental of larger trucks is not permitted. 3, The sale of any motor vehicle shall not be permitted on the site. 4, Washing, detailing or maintenance of any motor vehicle, if performed on this site, shall only be permitted within the parking lot located in the rear of the building. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of August, Two Thousand Five Voting: 10-1 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: Reba S. McClanan Council Members Absent: None August 23, 2005 - 42- V-L.4. PLANNING ITEM # 54324 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED an Ordinance upon application ofCH&B ASSOCIATES, LLP for a Conditional Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF CH&B ASSOCIATES, L.L.P. FOR A CHANGE OF ZONING DISTRICTCLASSIFICATION FROM CONDITIONAL P-1 WITH A PD-H2 OVERLAY TO CONDITIONAL A-12 WITH A PD-H2 OVERLAY AND CONDITIONALP-1 WITH A PD-H2 OVERLAYZ08051229 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of CH&B Associates, L.L.P. for a Change of ZoninJ? District Classification from Conditional P-1 Preservation District with a PD-H2 Overlay to Conditional A-12 Apartment District with a PD-H2 Overlay and Conditional P-1 Preservation District with a PD-H2 Overlay on property located on the southeast corner of South Plaza Trail and Prestige Way (GPIN 14767258070000), The Comprehensive Plan designates this site as being part of the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. The purpose of this zoning change is to develop the site with 48 multi-family dwellings. DISTRICT 2 - KEMPSVILLE The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of August, Two Thousand Five Voting: 9-2 Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: Mayor Meyera E. Oberndorf and Reba S. McClanan Council Members Absent: None August 23, 2005 r (-' Prepared By Troutman Sanders LLP AGREEMENT THIS AGREEMENT, made this 31st day of March, 2005 by and between CH&B ASSOCIATES, L.L.P., a Virginia limited liability partnership, (hereinafter referred to as "Grantor"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WITNE SSE TH: WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification from P-l with a PD-H2 Overlay to A-12 and P-1 with a PD-H2 Overlay on certain property owned by Grantor, located in the Kempsville Election District of the City of Virginia Beach, Virginia (hereinafter the "Property"). The Property is more particularly described in the attached Exhibit A. and the portions of the Property to be rezoned to A-12 with a PD-H2 Overlay and P-1 with a PD-H2 Overlay are separately described in the attached Exhibit B; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed use purposes, through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the 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 Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the GPIN: 1476-72-5807 (' (" Zoning Map, in addition to the regulations provided for in the existing A-12 and PD-H2 regulations set forth in the City's Zoning Ordinance (CZO), 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 new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; an~ WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are 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 subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent; and WHEREAS, certain covenants and restrictions governing the Property were adopted by the City Council of the City of Virginia Beach on June 23, 1998, as part ofthe Amendment to the Land Use Plan for the Brenneman Farm Planned Unit Development (the "First Brenneman Farm Amendment"); and WHEREAS, certain additional covenants and restrictions governing the Property were adopted by the City Council of Virginia Beach on September 9, 2003, as part of an additional amendment to the Land Use Plan for the Brenneman Farm Planned Unit Development, which 2 (~ (' amendment affected property along the east side of South Plaza Trail (the "Second Brenneman Farm Amendment"); and WHEREAS, as part of the Second Brenneman Farm Amendment, by Agreement dated July 23, 2003, Grantor voluntarily agreed to certain restrictions and conditions affecting the Property, which were adopted by Grantee and recorded in the land records of the Clerk's Office of the City of Virginia Beach as Instrument Number 20031029017399 (the "Proffer Agreement") WHEREAS, Grantor desires to change the conditions affecting only the Property, as adopted by the First Brenneman Farm Amendment, the Second Brenneman Fann Amendment, and the Proffer Agreement, but not those conditions affecting other parcels subject to the First Brenneman Fann Amendment, Second Brenneman Fann Amendment, and the Proffer Agreement; and NOW THEREFORE, the Grantor, for itself, its successors and assigns voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of Quid 1>ro 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 covenant and agree that these Proffers shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its Successors and assigns: 1. When developed, the apartment buildings, garages and related amenities and improvements to be constructed on the Property shall be developed in substantial conformity with the conceptual site plan titled "Proposed Age-Restricted Luxury Multi-Family", dated March 31, 2005, prepared by Kim1ey-Horn and Associates, Inc. (the "Conceptual Plan"), which is on file with the Department of Planning and has been exhibited to the City Council of Virginia Beach. 3 ( \ ( 2. When developed, all structures shown on the Conceptual Plan shall be architecturally compatible with the Luxury Multi-Family units developed pursuant to the "Proposed Zoning Plan" dated July 18, 2003 and the multi-page document titled "Brenneman Farm Development Manual", dated July 18,2003, exhibited to and approved by the City Council of Virginia Beach as part of the Land Use Plan of Brenneman Farm on September 9, 2003. The Planning Director shall review and approve the architectural design of the structures to be constructed upon the Property prior to construction. 3. The total number of multi-family dwelling units constructed on the Property shall not exceed 48. 4. When developed, the multi-family dwelling units shall be designated for occupancy by persons fifty-five (55) years of age and older in accordance with the laws and regulations related to "housing for older persons", as that term is defined in the Virginia Fair Housing Law (Va. Code ~ 36-96.1 et seq.), the Fair Housing Act (42 U.S.C. ~ 3602 et seq.)., and the accompanying state and federal regulations referenced therein. 5. Existing trees in the portion of the Property zoned P-1 shall remain undisturbed by Grantor's development. 6. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review of the applicable City Codes by all authorized City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agree 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, 4 I ( C' including (i) the ordering In writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions 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 the provisions of the City Code, the CZO or this Agreement, the Grantors shaH petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance 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 that 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 Grantors and Grantee. [Remainder of Page Intentionally Left Blank] 5 ~>I I ( (- I f I I I i , I I I I i I CH&B Associates, L.L.P., a Virginia limited liability Partnership By: awrence Fleder, Agentfor Trus ee 0 The Fleder Family Trust 1976 B es M. Caplan, Agent 0 Fleder Family Trust 1976 COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this a f day of March, 2005, by Lawrence Fleder Agent for Trustee of The Fleder Family Trust 1976, on behalf of CH&B Associates, L.L.P., a Virginia limited liability partnership. He is personally known to me. My Commission Expires: '1' 3\ \~OS" ~~~~ Notary Public COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this3lst day of March, 2005, by James M. Caplan, Agent for Trustee of The Caplan Family Trust 1976, on behalf of CH&B Associates, L.L.P., a Virginia limited liability partnership. He is personally known to me. My Commission Expires: ~ \ 3 \ \ aod; ~~~ Notary Public 285376vl 6 EXHIBIT A c- ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, shown and described as "Parcel 6" on that certain subdivision plat titled "Subdivision Plat of Property of CH&B Associates", dated December 29,2003, revised June 1,2004, prepared by Rouse-Sirine Associates, Ltd., and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, Instrument No. 200408260136484. 7 (-. \ ( EXHIBIT B The parcel to be rezoned A-12 with a PD-H2 Overlay is a portion of the Property described on Exhibit A, shown and described as "Proposed A-12 with PDH-2 Overlay" on the exhibit titled "Proposed Zoning Plan", dated March 31, 2005, which is on file with the Planning Department and has been exhibited to the City Council, and which is more particularly described as follows: Commencing at a point at the southeastern intersection of South Plaza Trail and Prestige Way as shown on plat entitled "Subdivision Plat of Property of CH&B Associates and right-of-way and easement dedications to the City of Virginia Beach, Virginia" said plat being recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia at instrument #200408260136484; thence from said point of commencement running along the eastern right-of-way line of South Plaza Trail South 28000'36" West a distance of 67.58 feet to a point at the property line of Parcel 6; thence turning and running along the property line ofParce16 South 61059'24" East a distance of 39.03 feet to a point, the true point of beginning; thence from said true point of beginning, turning and running North 77033'13" East a distance of 79.65 feet to a point; thence turning and running South 76045'27" East a distance of 82.13 feet to a point; Thence turning and running South 47040'58" East a distance of 103.89 feet to a point; thence turning and running South 50052'09" East a distance of34.74 feet to a point; thence turning and running along a curve to the right having a radius of 280.00 feet 94.08 feet of arc along said curve and a chord length of 93.64 feet along said curve having a chord direction of South 09028'41" East to a point; thence running along a curve to the right having a radius of 460.00 feet 147.46 feet of arc along said curve and a chord length of 146.83 feet along said curve having a chord direction of South 09019'53" West to a point; thence turning and running South 18030'54" West a distance of 44.37 feet to a point; thence turning and running along a curve to the left having a radius of 120.00 feet 62.20 feet of arc along said curve and a chord length of 61.51 feet along said curve having a chord direction of South 03039'54" West to a point; thence turning and running South 28000'36" West a distance of 85.40 feet to a point; thence turning and running North 82032'34" West a distance of 259.46 feet to a point; thence turning and running North 07027'26" East a distance of 480.00 feet to a point in the property line of Parcel 6; the above point of beginning. The above described portion of Parcel 6 contains 138,327 square feet or 3.176 acres. The parcel to be rezoned P-l with a PD-H2 Overlay is all of the Property described on Exhibit A, less, save and except the portion rezoned A-12 with a PD-H2, as described above, and is more particularly described as follows: Commencing at a point at the Southeastern intersection of South Plaza Trail and Prestige Way as shown on plat entitled "Subdivision Plat of Property of CH&B Associates and right-of-way and easement dedications to the City of Virginia Beach, Virginia" said plat 8 ( c ,-.. (," r being recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia at Instrument #200408260136484; thence from said point of commencement running along the Eastern right-of-way line of South Plaza Trail South 28000'36" West a distance of67.58 feet to a point at the property line of Parcel 6, the true point of beginning; thence from said true point of beginning turning and running along the property ofParce16 South 61059'24" East a distance of 39.03 feet to a point; thence turning and running leaving the property line of Parcel 6 South 07027'26" West. a distance of 480.00 feet to a point; thence turning and running South 82032'34" East a distance of 259.46 feet to a point in the property line of Parcel 6; thence turning and running along the aforesaid property line South 28000'36" West a distance of 183.41 feet to a point; thence turning and running North 34030'33" West a distance of 88.57 feet to a point; thence turning and running North 47051'29" West a distance of 75.90 feet to a point; thence turning and running North 61055'42" West a distance of 52.87 feet to a point; thence turning and running North 40050'38" West a distance of 113.65 feet to a point; thence turning and running North 52008'56" West a distance of 37.65 feet to a point; thence turning and running North 65036'04" West a distance of 14.39 feet to a point; thence turning and running North 61059'24" West a distance of 100.00 feet to a point in the Eastern right-of-way line of South Plaza Trail; thence turning and running along said Eastern right-of-way line of South Plaza Trail North 28000'36" East a distance of 177.26 feet to a point; thence turning and running North 32036'32" East a distance of 149.66 feet to a point; thence turning and running North 28000'36" East a distance of 109.34 feet to a point at the property line of Parcel 6; the true point of beginning. The above described portion of Parcel 6 contains 79,474 square feet or 1.824 acres. 9 ;g ~ ill ~ c:) ~ .I~ t:::i r.a ~ III ~ III r'l x II ~, ~ -, "r 912 n}Jo OCi ~ '" "r ,.., d .. t~ ~ Il"-._ i 4fi :ti -.. ......., : "~Ii( .N ...... " J~ :~' !;"'1 . I 1t'1 ~ L- I -'t .Ill. 'D:~ ~~ ~!~ ~iig 00' ~! :.:: ~ S ~S ~~ti ~3i A ~, ~'~ ;1$ ~ ~~ / II .... I -I If ~ ~ I I . R s" I~ ~ [j I! , I I I ~ I ta i ~ J ~ ~ ~ ~ I' '. i' I !;., I co,. ,...)":::-11.',.... 1 l~i "a! 1=, -i!f .~ !~ . .. 0" ,1 !l:c :~:! 0". "S~ .. " =. ~;:y~ O~z:r . "'IO~ ~:~! S" i ,........-. / ~ ............./ -,- - 43- V-L.5. PLANNING ITEM # 54325 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council DEFERRED an Ordinance upon application of MUNDEN LAND, LLC for a Conditional Change of Zoning District Classification until the City Council Session of September 13, 2005. Ordinance upon Application of Munden Land, 1.1. C. for a Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional PD-H2 Planned Unit Development District (R-10 Residential and P-1 Preservation) on property located on the east side of Princess Anne Road, approximately 1350 feet south of Sandbridge Road (GP IN 24142007960000). The Comprehensive Plan designates this site as being part of Princess Anne (Transition Area), The purpose of this zoning change is to develop 71 single- family homes. DISTRICT 7 - PRINCESS ANNE Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, James 1. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None August 23, 2005 - 44- V-L. 6. PLANNING ITEM # 54326 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED a Resolution upon application of BRIAN K. CALLAHAN for expansion of a Nonconforminf! Use: Resolution upon application of Brian K. Callahan for the Enlargement of a Nonconforming use on property located at 2222 Bayberry Street (GPIN 15905087030000). District 5 - LYNNHAVEN The following conditions shall be required: 1. The site shall be developed in substantial conformance with the physical survey minus the front porch addition titled "Physical Survey of Lot 117 Plat of Cape Story by the Sea Section One Virginia Beach, Virginia, for Brian K. Callahan & Ruth A. Callahan" prepared by Hoggard/Eure Associates which has been exhibited to City Council and on file in the Department of Planning. 2 The duplex shall be developed in substantial conformance with the elevations minus the front porch addition titled "Additions and Renovations for Mr, and Mrs, Brian Callahan" prepared by D. W. Chase Architect. Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None August 23, 2005 1 2 3 4 5 6 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING USE ON PROPERTY LOCATED AT 2222 BAYBERRY STREET, IN THE LYNNHAVEN DISTRICT WHEREAS, Brian K. Callahan (hereinafter the "Applicant"), 7 has made application to the City Council for authorization to 8 enlarge a nonconforming duplex situated on a certain lot or 9 parcel of land having the address of 2222 Bayberry Street, in 10 the R-7.5 Residential District; and 11 WHEREAS, the said duplex is nonconforming in that duplexes 12 are not allowed in the R-7. 5 Residential Zoning District, but 13 were allowed in that Zoning District when the duplex was 14 originally built; and 15 WHEREAS, pursuant to Section 105 of the City Zoning 16 Ordinance, the enlargement of a nonconforming use is unlawfuL in 17 the absence of a resolution of the City Council authorizing such 18 action upon a finding that the proposed use, as enlarged, will 19 be equally appropriate or more appropriate to the zoning 20 district than is the existing use; 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 That the City Council hereby finds that the proposed use, 24 as enlarged, will be equally appropriate to the district as is 25 the existing use. I' 26 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 That the proposed enlargement of the Applicant's use of the 29 parcel are hereby authorized, upon the following conditions: 30 1. The site shall be developed in substantial conformance 31 with the physical survey minus the front porch addition titled 32 "Physical Survey of Lot 117 Plat of Cape Story by the Sea 33 Section One Virginia Beach, Virginia for Brian K. Callahan & 34 Ruth A. Callahan" prepared by Hoggard/Eure Associates which has 35 been exhibited to City Council and on file in the Department of 36 Planning. 37 2. The duplex shall be developed in substantial 38 conformance with the elevations minus the front porch addition 39 titled "Additions and Renovations for Mr. & Mrs. Brian Callahan" 40 prepared By D.W. Chase Architect. 41 Adopted by the Council of the City of Virginia Beach on the 42 23rd day of August, 2005. CA-9728 OID\Ordres\nonconforming-callahan.doc R-1 August 12, 2005 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: UJ~ /fl fYlJ City Attorney's Office 2 - 45 - V-L. 7. PLANNING ITEM # 54327 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council DEFERRED until the City Council Session of September 27, 2005, Ordinances upon applications of the CITY OF VIRGINIA BEACH for the discontinuance, closure and abandonment of portions of Jefferson Avenue, Monroe Avenue north of Virginia Beach Boulevard, Monroe Avenue south of 1 gth Street, Parks Avenue, Washington Avenue north of 19th Street, Washington Avenue south of 19th Street, Norfolk Place, Alley east of Parks Avenue and Alley west of Parks Avenue Ordinance upon Application of the City of Virginia Beach for the discontinuance, closure and abandonment of a portion of an alley beginning on the west side of Parks Avenue and extending approximately 312,29 feet in an westerly direction, DISTRICT 6 - BEACH Ordinance upon Application of the City of Virginia Beach for the discontinuance, closure and abandonment of a portion of an alley beginning on the east side of Parks Avenue and extending approximately 249, 66feet in an easterly direction. DISTRICT 6 - BEACH Ordinance upon Application of the City of Virginia Beach for the discontinuance, closure and abandonment of a portion of Parks Avenue beginning on the north side of 18th Street and extending approximately 300.04 feet to the south side of 19 th Street. DISTRICT 6 BEACH Ordinance upon Application of the City of Virginia Beach for the discontinuance, closure and abandonment of a portion of Washington Avenue beginning on the north side of 19th Street and extending 255.21 feet in a northeasterly direction, DISTRICT 6 BEACH Ordinance upon Application of the City of Virginia Beach for the discontinuance, closure and abandonment of a portion of Washington Avenue beginning on the south side of 19th Street and extending approximately 365.05 feet in a southerly direction. DISTRICT 6 BEACH Ordinance upon Application of the City of Virginia Beach for the discontinuance, closure and abandonment of a portion of Norfolk Place beginning on the east side of Washington Avenue and extending 195.22feet in an easterly direction. DISTRICT 6 - BEACH Ordinance upon Application of the City of Virginia Beach for the discontinuance, closure and abandonment of a portion of Monroe Avenue beginning on the north side of Virginia Beach Boulevard and extending approximately 355.64 feet in a northerly direction. DISTRICT 6 BEACH Ordinance upon Application of the City of Virginia Beach for the discontinuance, closure and abandonment of a portion of Monroe Avenue beginning on the south side of 19th Street and extending approximately 278.89 feet in a southerly direction. DISTRICT 6 BEACH August 23, 2005 - 46- V-L. 7. PLANNING ITEM # 54327 (Continued) Ordinance upon Application of the City of Virginia Beach for the discontinuance, closure and abandonment of a portion of Jefferson Avenue beginning on the north side of Virginia Beach Boulevard and extending 320 feet in a northerly direction. DISTRICT 6 BEACH Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None August 23, 2005 Item V-M.l. - 47- APPOINTMENTS ITEM # 54328 BY CONSENSUS, City Council RESCHEDULED: EASTERN VIRGINIA HEALTH SYSTEMS AGENCY HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA PARKS AND RECREATION COMMISSION PERSONNEL BOARD (Alternates) REVIEW AND ALLOCATION COMMITTEE (COG) August 23, 2005 - 48- Item V-M.2. APPOINTMENTS ITEM # 54329 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Bart Fry David Salmons Thomas Underhill AGRICULTURAL ADVISORY COMMISSION 4 year term October 1, 2005 - September 30, 2009 Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None August 23, 2005 - 49- Item V-M.3. APPOINTMENTS ITEM # 54330 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Albert W. Balko (Alternate) 5-year term September 1,2005 -August 31,2010 BOARD OF ZONING APPEALS Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None August 23, 2005 - 50- Item V-M.4. APPOINTMENTS ITEM # 54331 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Teresa H. Carrington Page G. Lea Elizabeth A. Twohy 4-year term September 1,2005 - August 31,2009 DEVELOPMENT AUTHORITY Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, James 1. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None August 23, 2005 - 51 - Item V-M.S. APPOINTMENTS ITEM # 54332 Upon NOMINATION by Vice Mayor Jones, City Council: REAPPOINTED: Ruth M. Barco AND, APPOINTED: Joseph W. Hood Carole K. Weinstein 3-year terms September 1,2005 - August 31,2008 PUBLIC LIBRARY BOARD Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None August 23, 2005 - 52- Item V-M.5. APPOINTMENTS ITEM # 54333 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: William R. Miller Nancy L. Lowe (Alternate) 5-year terms October 1,2005 - September 30,2010 WETLANDS BOARD Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None August 23, 2005 - 53- Item v.P. ADJOURNMENT ITEM # 54334 Mayor Meyera E, Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:25 P.M. ~;;Z~-f)--)(~~I1I~ Beverly 0. Hooks, CMC Chief Deputy City Clerk - Ruth Hodges Smith, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia August 23, 2005