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JANUARY 31, 2006 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DlEZEL Kempsville - District 2 ROBERT M. DYER, Centerville - District I REBA S. McCLANAN, Rose Hall - District 3 RICHARD A. MADDOX, Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER W SCHMIDT, At-Large RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL CITY COUNCIL AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 234568005 PHONE: (757) 427-4303 FAX (757) 426-5669 E-MAIL: Ctycncl@vbgov.com CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CiTY CLERK - RUTH HODGES SMITH, MMC 31 JANUARY 2006 I. CITY MANAGER'S BRIEFING - Conference Room - 1:00 PM A. VOLUNTEER RESOURCES Annual Report Mary Russo, Director, Office of Volunteer Resources B. ATLANTIC WILDFOWL HERITAGE MUSEUM (Site Improvements and Loan Request) James K. Spore, City Manager Fletcher Bryant, Museum Board of Directors C. LOCAL ROADS NETWORK Dean Block, Director, Public Works D. POLICE DEPARTMENT Staffing and Deployment A. M. Jacocks, Police Chief II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION Conference Room 4:00PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION Council Chamber 6:00PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Deborah Fair, Pastor Charity United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS January 24, 2005 G. AGENDA FOR FORMAL SESSION H. PUBLIC COMMENT PUBLIC SAFETY COMPENSATION PLAN I. CONSENT AGENDA 1. RESOLUTION/ORDINANCES 1, Resolution to ESTABLISH a Meals Tax Task Force to analyze the impact on restaurant patrons and owners as well as the current and potential uses of the tax 2. Ordinance to REESTABLISH the Virginia Beach Advertising Advisory Committee 3. Ordinance to AMEND ~7-66 of the City Code re designation of City highways for Golf Cart operation (specifically for Heron Ridge Estates) 4. Ordinance to AMEND the repayment schedule for the $1,000,000 loan to the Virginia Aquarium and Marine Science Foundation, Inc. to change the due date of the first yearly payment to January 15,2007, with final payment due January 15,2010 5. Ordinance to ACCEPT and APPROPRIATE $50,000 from the Department of Health and Human Services to the Fire Department's FY 2005-2006 operating budget re Medical Reserve Corps program 6. Ordinance to TRANSFER $20,639 from the Reserve for Contingencies to the Office of Volunteer Resources FY 2005-2006 operating budget to add one full-time position to re the Citizen Emergency Response Team (CERT) 7. Ordinance to TRANSFER $1,508,121 within the Capital Improvement Budget re increased construction costs of the Laskin Road Gateway. K. PLANNING 1. Application of BRYCE L. & SUE K. HARLOW AND YVONNE H. DU BUY for the discontinuance, closure and abandonment of a l5-foot alley between 832 Surfside Avenue and 833 Vanderbilt Avenue to incorporate the land evenly into two existing lots (DISTRICT 6 - BEACH) RECOMMENDATION: APPROV AL 2. Application of M & M CONTRACTORS, INC. for Modification of Conditions for a Conditional Use Permit at 533 South Lynnhaven Road (Approved by City council on February 26, 2002) for additional storage and flexible architectural elevations (DISTRICT 3 - ROSE HALL) RECOMMENDATION: APPROVAL 3. Applications of the UNITED STATES FISH and WILDLIFE SERVICE and JUDY and JAMES FROMAN for Variances at 1793 and 1769 Nanneys Creek Road to allow purchase of37 acres by the U. S. Fish and Wildlife Service as part of the Back Bay Wildlife Natural Refuge (DISTRICT 7 - PRINCESS ANNE) a. S4.4 (b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) b. S5B ofthe Site Plan Ordinance, Floodplain Regulations RECOMMENDATION: APPROVAL 4. Application of CENTRAL P ARK ASSOCIATES, LLC for a Chanf!e of Zoning District Classification from Conditional B-2 Community Business District to Conditional A-24 Apartment District at 5129 Bonney Road (DISTRICT 2- KEMPSVILLE) RECOMMENDATION: APPROVAL 5. Applications of FIFTEENTH STREET GAMESDAY, LLC at 764 South Military Highway: (DISTRICT 2 - KEMPSVILLE) a. Change of Zoning District Classification from 1-1 Light Industrial District to Conditional B-2 Community Business District. b. Conditional Use Permit re auto sales, repair and detailing RECOMMENDATION: APPROVAL 6. Application of KEVIN MILLER for a Conditional Use Permit re recreational facility of an outdoor nature (skateboard ramp) at 120 Ojibwa Lane (DISTRICT 2 - KEMPSVILLE) PLANNING COMMISSION RECOMMENDATION: APPLICANT REQUESTS DEFERRAL TO DENIAL MARCH 28, 2006 7. Applications of CITY OF VIRGINIA BEACH a. AMEND S4 of the Site Plan Ordinance re Datum used to measure elevation b; AMEND~~ 6.1 and 6.3 of the Subdivision Regulations re Datum used to measure the elevation and horizontal distance of land RECOMMENDATION: APPROVAL L. APPOINTMENTS BEACHES and WATERWAYS COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE HAMPTON ROADS ECONOMIC DEVELOPMENT HEALTH SERVICES ADVISORY INVESTMENT PARTNERSHIP .\DVISORV CQ!'.1MITTEE- PPEA RESORT AREA COMMITTEE (RAC) TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. UNFINISHED BUSINESS N. . NEW BUSINESS O. ADJOURNMENT ******** If you are physically disabled or visually im paired 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 1/31/06 St www.vbgov.com MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 31 January 2006 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING re VOLUNTEER RESOURCES Annual Report in the Council Conference Room, City Hall, on Tuesday, January 31, 2006, at 1 :00 P.M. Council Members Present: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Peter W Schmidt, Ron A. Villanueva and James L. Wood Council Members Absent: Robert M. Dyer [Entered: 1:55 P.M.) Jim Reeve [Entered: 1:20 P.M.} Rosemary Wilson [Entered: Closed Session - 4:30 P.M.} CITY MANA GER 'S BRIEFING VOLUNTEER RESOURCES ANNUAL REPORT 1 :00 P.M. ITEM # 54800799 Mary Russo, Director - Office of Volunteer Resources, was proud to report the Virginia Beach Volunteer Resources Annual Statistics and Achievements Fiscal Year 2004-2005. This is the twenty-seventh (27t") Annual Report. Four (4) departments, providing over $12-MILLION worth of services, continue not only to be models and leaders for other City agencies, but for the region, the state and the nation. ACHIEVEMENTS IN EXCELLENCE MILLION DOLLAR CLUB Fiscal Year 2004/2005 Hours Value Emergency Medical Services 390,888 $ 5,480,330 Sheriff's Office 454,617 $ 4,500,816 Parks and Recreation 200,695 $ 2,027,500 Museums and Cultural Arts 102,879 $ 1,011,965 Mrs. Russo extended appreciation to the "Over Achievers", who each provide volunteers equating to over $100,000. Agriculture Fire Human Services Juvenile Court Services Unit Office of the Mayor Police Public Libraries PERFORMANCE Fiscal Year Number of Volunteers Hours Worked Full Time Employee Dollar Value Equivalent 2004-2005 24,859 1,349,601 649 $16,392,776 A good return on the City's investment. There has been an increase of over 1,000 citizens working "side by side" with the paid staff. This proves the City is doing something right or else 24,000 citizens would not join in the delivery of services. The Office of Volunteer Resources formed a partnership with the Safe Community Strategic Issue Team to form the Citizen Corps Council. This Council consists of the Medical Reserve Corps (MRC), Community Emergency Response Team (CERT), Neighborhood Watch, Volunteers in Police Service, Emergency Medical Services, Fire Corps, American Red Cross and the Amateur Radio Emergency Service. - 3 - CITY MANAGER 'S BRIEFING VOLUNTEER RESOURCES ANNUAL REPORT ITEM #54799 The Virginia Beach Citizen Council provided the conduit for bringing Federal funds to establish the Community Emergency Response Team and the Medical Reserve Corps. The Medical Reserve Corps is a Health Department initiative and has graduated, after special training, approximately two hundred (200) doctors, nurses, pharmacists and other health care providers. Six (6) members have also been sent to the Gulf region to assist in the aftermath of Hurricane Katrina. Twenty (20) members assisted the Red Cross in this area. Twenty(20) members assisted in the flu clinics in November and December. In August, Over fifty (50) members assisted in a "mock"dispensary for a anthrax attack The Community Emergency Response Team is located in the Fire Department's Training Division and has trained and certified three hundred forty-two (342) members. Two (2) training opportunities in January and one in March are filled. After having completed their three (3) hour training, two nights a week,for six (6) weeks, CERT members then become members of the Leadership Team and are working toward having a presence in every neighborhood in the City. In 2004,five(5) members, through FEMA, assisted in the aftermath of Hurricane Ivan. In 2005, ten (10) members, through FEMA and the Red Cross, assisted in the aftermath of Hurricane Katrina. CERT members also provided assistance to members of Human Resources when citizens from Katrina temporary relocated to Virginia Beach. The CERT program provides continuing education in order for CERT members to maintain their certification: CPR training, chain saw utilization, bio-terrorism, critical instant stress management, finger printing and traffic control. Mrs. Russo is a CERT member. At the present time, the CERT Co- ordinator is providing these services as an add-on to her job description. With this limitation, only five (5) classes per year can be provided, training approximately one hundred twenty-five (125) citizens to work in their neighborhoods. The Office of Volunteer Resources is requesting the addition of one fiat-time position to manage and expand the Citizen Emergency Response Team Program. Mrs Russo presented the "check"from the citizens of Virginia Beach to City Council representing $16,392,776 value in hours Volunteers have contributed to the City. January 31,2006 - 4 - CITY MANA GER 'S BRIEFING LOCAL ROADS NETWORK 1:12 P.M. ITEM # 54799 E. Dean Block, Director of Public Works, briefly reviewed the November 8, 2005 presentation: Local Roadway Network Program Framework Overview of 3-Cent, 4-Cent and 5-Cent Equivalent Programs During the August Retreat, City Council identified Congestion Relief and the establishment of a Road Funding Plan as priorities. Local Roadway is defined as "any roadway within the City that is not a part of the interstate system ", i.e. arterials and collectors. Congestion is "defined as when the existing volume of a roadway exceeds it's design capacity at a Level of Service D. In November, City Council directed the staff to return with this additional detail. There are three (3) levels of roadway planning: Hampton Roads 2026 Regional Transportation Plan Required by Federal Law Currently being updatedfor Year 2030. Updated on a 3-4 year cycle. Contains sixty (60) local roadway projects within Virginia Beach with an estimated cost of $2. 7-BILLION Virginia Department of Transportation (VDOT) 6-year Plan Updated annually and coordinated with the City's Capital Improvement Program Currently contains seventeen (17) Urban Arterial projects at various project stages with an estimated cost of$360-MILLION City of Virginia Beach Capital Improvement Program Updated annually and coordinated with the Virginia Department of Transportation (VD01) Six-Year Improvement Plan Currently includes forty-nine (49) approved projects/programs in Roadway Capital Improvement Program Numerous projects/programs are not fully funded within the six (6) years of the currently approved Capital Improvement Program (CIP) Includes Pay-As-You-Go maintenance projects January 31, 2006 - 5 - CITY MANA GER 'S BRIEFING LOCAL ROADS NETWORK ITEM # 54799 (Continued) Local Roadway Network Program Framework Based on current approved Capital Improvement Program Assumes no FY 2006/07 - FY 201l/2012 cuts, i.e. avoids $42- MILLION in reduction 1 a-year program Sunset on funding, except maintenance A backlog is defined as a roadway segment or intersection that is congested today. The maintenance backlog is the requirement to "catch up" to a sustainable IS-year cycle. A systematic evaluation of the backlog (314 arterial segments and 102 signalized intersections) has been conducted. Other recognized roadway needs i.e. Safety Improvements/Short Term Congestion Relief were considered. There were twenty (20) priority congested major arterial segments plus intersections identified as "congested". Short term congestion relief/safety opportunities were included. If no additional funding, AND no cuts, then over the next ten (10) years, projects can be fully funded in the approved current Capital Improvement Program. No new projects can be added until the Year 9 or 10. Backlog Reduction Program Rapid Response Projects Projects that can be completed in 6-9 months. Projects do not require right-of-way acquisition and minimal private utility relocations Short Term Projects Projects that can be completed in 1-2 years. Projects may require limited right-of-way acquisition, minimal private utility relocations and environmental permitting Mid-Term Projects Projects that can be completed in 2-6 years. These projects are of a magnitude that extensive right-of way, appropriate public participation, private utility relocations and environmental permitting would be required Long Term Projects Projects that can be completed in 6-10 years. These projects may include an alternative analysis process, extensive public participation process, require relocation of businesses and residential property owners, private utility relocations including possible undegrounding of overhead utilities. Construction is likely to require extensive maintenance of traffic January 31,2006 - 6 - CITY MANA GER 'S BRIEFING LOCAL ROADS NETWORK ITEM # 54833 (Continued) Mr. Block provided a Baseline Map of the existing programmed FY 2005-2006 Roadway Capital Improvement Program. The City is working to accelerate Nimmo V, Holland Road and Princess Anne IV. 3-Cent Program 'is - Cent for Maintenance Rapid Response Program Short Term Program Existing Projects Accelerated: Elbow Road Phase II Lesner Bridge Replacement Shore Drive Phase II & III West Neck Road Witchduck Road Phase II Constitution Drive Jeanne Street New Projects Funded: Corridor Relief and Safety (CRS) Norfolk Avenue and Birdneck Road Intersection Improvements Cypress and 17'h Street Intersection Improvements Reon Drive Independence Boulevard turn Lanes Baker Road and Newtown Road Intersection Improvements Harpers Road Kellam Road First Colonial Road (Republic to Old Donation) Rosemont Road Phase VI (Holland Road to Virginia Beach Boulevard) General Booth Boulevard (Oceana Boulevard to Nimmo Parkway) Mr. Block displayed a map depicting these projects and a proposed program schedule of these various projects. 4-Cent Program Includes 3-Cent program New Projects Funded: Dahlia and Independence Intersection Improvements Virginia Beach Boulevard - Oceana Boulevard to Birdneck Road Lynnhaven Parkway and Potters Road Intersection Improvements Rosemont Road Phase Birdneck Road Lynnhaven Parkway XII (Holland Road to Rosemont Road) Centerville Turnpike These projects are depicted in "blue" on the map displayed. A proposed program schedule of these various projects was also illustrated. January 31, 2006 - 7 - CITY MANA GER 'S BRIEFING LOCAL ROADS NETWORK ITEM # 54833 (Continued) 5-Cent Program Includes 3-Cent and 4-Cent program New Projects Funded: Kempsville Road Phase IV Roadway Widening to 6-lanes Centerville Turnpike Roadway Widening to 6-lanes These projects were displayed in "red" on the map. A map depicted the Corridor Relief and Safety Program. Extra copies of this presentation will be provided to Council Members Wilson and Villanueva, Liaisons to the General Assembly. The different legislative districts shall be highlighted on the map. These will be shared with the City's delegation on Wednesday, February 1,2006. Relative the Norfolk-Southern right-of-way acquisition, the City Manager advised he believes the City would be successful in securing State funding to assist in this acquisition. The staff is in discussion with Norfolk Southern re the proposed cost and terms. Information shall be provided to City Council. BY CONSENSUS, City staff shall develop a supplement to the 2006/07 Capital Improvement Program, with the 3-Cent, 4-Cent and 5-Cent program encompassing projects and funding color coded January 31, 2006 - 8 - C IT Y MANA G E R 'S B R IE FIN G POLICE DEPARTMENT STAFFING AND DEVELOPMENT 1:58 P.M. ITEM # 54834 Charles Meyer, Chief Operating Officer, advised City Council during their August Retreat, requested they be briefed on the Public Safety Staffing and Deployment. These Briefings were intentionally deferred until after the Base Realignment and Closure Commission (BRAC) deliberations. Due to the length of each (Police, Fire and EMS), the Public Safety Briefings will be heard during three (3) City Council Sessions with the Police beingfirst today. Chief A. M. Jacocks, referenced the Operational Philosophy: City Wide Community Policing Different Response CompStat Analysis of Crimes Directed Patrol High Visibility as a deterrent The Factors Influencing Staffing entail: authorized sworn positions (FTE'S ) (currently 817 sworn positions and 170 civilian positions), Trends in turnover rates (all separations which include resignations, retirements, dismissals, deaths and resignations), vacancies (currently thirty-eight (38) unfilled positions with forty-one (41) effective February First due to retirements) and recruitment and retention. Compensation issues principally drive these issues. Comparison of Staffing Levels Populations from 250,000 - 499,999 National Average (FBI Data) 2.2 Police Officers per 1000 residents (an additional 138 Officers would be needed to meet the average) Local Comparison Virginia Beach has 1.9 (current with vacancies 1.8 Norfolk has 3.2) Officers Per Square Miles Virginia Beach 3.1 Oficers per square mile - excluding below the Green Line 6.2 Officers per square mile Norfolk 15 Officers per square mile Sworn Staffing by Rank 1 Chief 2 Deputy Chiefs 12 Captains 25 Lieutenants 86 Sergeants 691 Master Police Officers/Officer/Recruits January 31, 2006 - 9 - C IT Y MANA G E R 'S B R IE FIN G POLICE DEPARTMENT STAFFING AND DEVELOPMENT ITEM # 54834 (Continued) Chief Jacocks displayed graphics depicting the departmental sworn staff by rank, distribution of sworn manpower, sworn vacancy distribution, Investigative Division sworn staff, Operations Division sworn staff, Operations Division sworn staff, Distribution of Precinct manpower (1st Precinct - 105; 2nd Precinct - 123, 3rd Precinct - 102, and 4th Precinct - 97), Comparison of allocated sworn personnel and actual sworn personnel, and fiscal turnover trend. In 1992 - 1993, the Police Department was staffed at 97% of authorized strength, the only time with close to full staffing. 1997 -1998 2000 - 2001 2004 - 2005 95.5% 93.5% 94.3% The Department averaged approximately 52-1h positions leaving the Department. In the last six (6) years, sixty-nine personnel have left for other law enforcement or private contractor positions. Of those sixty- nine (69) only fifteen (15) officers were hired by other Police Departments. The majority of Officers went to federal agencies and to the private contractor positions. How Personnel are assigned Case Load Crime Trends Response Times Citizen Concerns Seasonal and Special Event Assignments Influence of Crime Trends Overall Part 1 Crimes Downward trend over the past 10 years Part 1 Crimes Include Violent Homicide, Rapes, Robberies and Aggravated Assault Property Burglary, Larceny, Motor Vehicle Theft and Arson Comparison of 2001 to 2004 part 1 Violent Crimes (FBI: Crime in the U.S.) Virginia Beach Suffolk Newport News Hampton Norfolk Portsmouth Chesapeake Long Beach, California Cleveland, Ohio 19% increase 8% increase 4% increase 5% decrease 16% decrease 19% decrease (no data currently available) 10% increase 7% increase January 31, 2006 - 10- C IT Y MANA G E R 'S B R IE FIN G POLICE DEPARTMENT STAFFING AND DEVELOPMENT ITEM # 54834 (Continued) Violent Crime Comparison of 2004 and 2005 (Self Reported) Virginia Beach Norfolk Suffolk Portsmouth Newport News Hampton Chesapeake Out of State Data 18% increase 19% increase 11 % increase 9% increase 4% increase 1 % decrease (no data currently available) (no data current available) In 2003, Virginia Beach was the Safest City in the Nation of populations between 350,000 and 850,000 (35.7 crimes per 1,000 residents). In 2004, crimes decreased to 33.7 per 1,000 residents and in 2005 to 33.6 per 1,000 residents (lowest since 1968 - 33.5) The violent crime rate last year was 2.8 per 1,000. There has been a steady slight incremental increase over the last couple of years. Last year, there was a total of six hundred seventy (670) robberies and twenty-two (22) homicides in the City. Graphics depicting annual calls for service, precinct calls for service with the old and new boundaries, calls for service by day of week (majority of calls are received on the weekends) and by time of day (decline in calls between 4:00A.M. - 6:00 A.M.) were depicted. There has been a slight decrease in calls for service. Capital Considerations Capital Improvement Replacement of Fourth Police Precinct Capital Improvement Program Replacement of Special Operations and Animal Control Research and Planningfor Fifth Police Precinct Technology issues Field Reporting E-Summonsing Automatic Vehicle Locators (A VL) including GPS Mapping Future Opportunities and Threats Opportunities Interoperability Incident Command Town Center Threats Gang related Criminal Activity Emergency Crime Trends Potential for Continuing Increase in Violent Crime January 31,2006 - 11 - CITY MANA GER 'S BRIEFING POLICE DEPARTMENT STAFFING AND DEVELOPMENT ITEM # 54834 (Continued) Chief Jacocks advised the gangs are predominately home-grown. There have been experiences with members of MS 13 arriving from out of the area. Deputy Chief James Cevera is leading the initiative to review this issue with Commonwealths' Attorney, Juvenile Court Services, the Detention Center, Human Services, and Schools. As the gangs are regional, discussions have also ensued with the United States Attorney's office in Norfolk. Chief Jacocks advised there have been fifty (50) arrests, thirty (30) of which were gun related at an ABC establishment in the Resort area. This establishment is being reviewed with the Commonwealth's Attorney concerning a common nuisance approach to address this situation. 5-Minute Break: 3:09 P.M. - 3:20 P.M. January 31, 2006 - 12 - CITY MANA GER 's BRIEFING ATLANTIC WILDFOWL HERITAGE MUSEUM (Site Improvements and Loan Request) 3:20 P.M. ITEM # 54835 The City Manager advised the Atlantic Wildfowl Heritage Museum is located in the historic De Witt Cottage at 12th Street and Atlantic Avenue at the Oceanfront. The Museum would like to place a permanent sculpture on the grounds at this location. The museum does not presently have sufficient funds to pay for these improvements. The Museum has requested an interest-free loan of up to $150,000, which will enable proceeding with the improvements. This loan would be repaid over a five-year period beginning December 31, 2006, with the final payment to be made December 31, 2010. Fletcher Bryant, Museum Board of Directors, distributed a Schematic Site Plan of the Atlantic Wildfowl Heritage Museum. The improvements will encompass a Sculpture and Garden. Turner Foundry (on the Eastern Shore) will construct the sculpture composed of five (5) different colored bronze ducks with the center being open for natural sea oaks. Turner will have bronze sea oaks to support the sculpture. The signage will be brought to ground level. The parking area would be relocated to improve pedestrian and vehicular circulation. Approximately $35,000 has been raised for this project. Over $100,000 has been provided through in-kind contracting services (material and labor). Lynn Clements, Director - Museums and Cultural Arts, advised the City owns a number of buildings operated as Museums. The Atlantic Wildfowl Heritage Museum, the Contemporary Art Center, and the Old Coast Guard Station are owned by the City, but operated by non-profits. These Museums are public private partnerships. An Ordinance to APPROPRIATE a $150,000 interest-free loan with scheduled repayments re Atlantic Wildfowl Heritage Museum site improvements shall be ADDED to the Agenda. January 31, 2006 - 13 - CITY COUNCIL COMMENTS 3:30 P.M. ITEM # 54836 Councilman Schmidt invited all to attend the Polar Plunge XIV between 6th and 8th Streets at the Virginia Beach Oceanfront, Saturday, 2:30 P.M, February 4, 2005. Mayor Oberndorf advised she would be attending. Last year, over $400,000 was raisedfor Special Olympics Virginia. ITEM # 54837 Councilman Schmidt referenced the memorandum relative the Virginia Retirement System rights and the unfunded liability. Councilman Schmidt requested Patricia Phillips, Director of Finance, advise City Council of the actuarial changes which caused a significant "jump" in the Unfunded Liability. Mrs. Phillips advised the actuarial science is complex and there are many factors involved in the projections. Each locality participating in VRS is separately analyzed and rated. The State of Virginia does not contribute funds. In the case of Virginia Beach, the employee does not contribute, so the benefits are made up of contributions made by the City as well as investment income. Investment income over the long term is the major portion of the revenue. This past November a new Actuary, Palmer and Kay, was employed. The Actuary and the Virginia Retirement System Board analyzed the assumptions utilized in making the projections. Many facets were reviewed: life expectancy, age of retirement. Demographic assumptions were modified to reflect actual experiences. Another side of the equation, which changed, was the economic assumptions. Investment earnings over the long term were 8% a year. This was decreased to 7-Y2%. The Cost of Living assumptions made to Retirees was actually decreased from 3% to 2-Y2%. $237-MILLION equates to the City being approximately 77% funded, which is slightly lower. Cities are now required to report the Unfunded Liabilities on the Balance Sheet of their statements. The shortfall will be made up over twenty-one (21) years instead of fourteen (14). The contribution will double. January 31, 2006 - 14 - AGE N DA REV IE W S E S S ION 3:40 P.M. ITEM # 54838 J.1. Resolution to ESTABLISH a Meals Tax Task Force to analyze the impact on restaurant patrons and owners as well as the current and potential uses of the tax Council Members Dyer and Villanueva sponsored this Resolution. A comprehensive analysis of the impact of the meals tax and of current and potential uses of meals tax proceeds would assist City Council in making informed decisions about the meals tax. Council Lady McClanan expressed concern and requested the Resolution be amended to have the Task Force analyze the effect on revenue if the meals tax or portion thereof is repealed and how the revenue would be replaced. Vice Mayor Jones advised the Commissioner of Revenue wishes to be a member of the Task Force. ITEM # 54839 BY CONSENSUS, these items shall compose the CONSENT AGENDA: J.1. Resolution to ESTABLISH a Meals Tax Task Force to analyze the impact on restaurant patrons and owners as well as the current and potential uses of the tax J.2. Ordinance to REESTABLISH the Virginia Beach Advertising Advisory Committee J.3. Ordinance to AMEND ,97-66 of the City Code re designation of City highways for Golf Cart operation (specifically for Heron Ridge Estates) J.4. Ordinance to AMEND the repayment schedule for the $1,000,000 loan to the Virginia Aquarium and Marine Science Foundation, Inc. to change the due date of the first yearly payment to January 15, 2007, with final payment due January 15,2010 J.5. Ordinance to ACCEPT and APPROPRIATE $50,000 from the Department of Health and Human Services to the Fire Department's FY 2005-2006 operating budget re Medical Reserve Corps program J.6. Ordinance to TRANSFER $20,639 from the Reserve for Contingencies to the Office of Volunteer Resources FY 2005- 2006 operating budget to add one full-time position to the Citizen Emergency Response Team (CERT) January 31,2006 - 15 - AGENDA RE VIE W SESSION ITEM # 54839 (Continued) J.7. Ordinance to TRANSFER $1,508,121 within the Capital Improvement Budget re increased construction costs of the Laskin Road Gateway. Item J.1, shall be AMENDED, BY CONSENT. January 31, 2006 - 16 - AGENDA RE VIE W SESSION ITEM # 54840 K.2. Application of M & M CONTRACTORS, INC. for Modification of Conditions for a Conditional Use Permit at 533 South Lynnhaven Road (Approved by City Council on February 26, 2002) for additional storage and flexible architectural elevations (DISTRICT 3 - ROSE HALL) This item will be discussed during the Formal Session. The applicant did not comply with conditions concerning building materials and the utilization of blue concrete masonry. Attorney Bourdon, representing Sifen, Incorporated, directly across from this application, will speak relative concerns. ITEM # 54841 BY CONSENSUS, these items shall compose the PLANNING BY CONSENT AGENDA: K.1. Application of BRYCE L. and SUE K. HARLOW and YVONNE H. DU BUY for the discontinuance, closure and abandonment of a 15-foot alley between 832 Surftide Avenue and 833 Vanderbilt Avenue to incorporate the land evenly into two existing lots (DISTRICT 6 - BEACH) K.3. Applications of the UNITED STATES FISH and WILDLIFE SERVICE and JUDY and JAMES FROMAN for Variances at 1793 and 1769 Nanneys Creek Road to allow purchase of 3 7 acres by the U S. Fish and Wildlife Service as part of the Back Bay Wildlife Natural Refuge (DISTRICT 7 - PRINCESS ANNE) a. ~4.4 (b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) b. ~5B of the Site Plan Ordinance, Floodplain Regulations K.4. Application of CENTRAL PARK ASSOCIATES, LLC for a Change of Zoning District Classification from Conditional B-2 Community Business District to Conditional A-24 Apartment District at 5129 Bonney Road (DISTRICT 2 - KEMPSVILLE) January 31, 2006 - 17 - AGE N DA REV IE W S E S S ION ITEM # 54841 (Continued) K.5. Applications of FIFTEENTH STREET GAMESDAY, LLC at 764 South Military Highway: (DISTRICT 2 - KEMPSVILLE) a. Change of Zoning District Classification from I-I Light Industrial District to Conditional B-2 Community Business District. b. Conditional Use Permit re auto sales, repair and detailing K. 6. Application of KEVIN MILLER for a Conditional Use Permit re recreational facility of an outdoor nature (skateboard ramp) at 120 Ojibwa Lane (DISTRICT 2 - KEMPSVILLE) K.7. Applications of CITY OF VIRGINIA BEACH a. AMEND ;y'l4 of the Site Plan Ordinance re Datum used to measure elevation b. AMEND996.1 and 6.3 of the Subdivision Regulations re Datum used to measure the elevation and horizontal distance of land Mayor Oberndorf and Council Lady McClanan will vote a Verbal Nay and Councilman Wood will ABSTAIN on Item K. 4. Item K.6 shall be DEFERRED INDEFINITELY, BY CONSENT January 31,2006 - 18 - ITEM # 54842 Mayor Meyer 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: Beaches and Waterways Commission Bikeways and Trails Advisory Committee Francis Land House Board of Governors Governance Committee for Historic Sites Hampton Roads Economic Development Alliance Health Services Advisory Board Investment Partnership Advisory Committee Resort Advisory Commission Transportation District Commission of Hampton Roads Virginia Beach Community Development Corporation (VBCDC) 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). Princess Anne District Lynnhaven District PUBLIC CONTRACT: Discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms of scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(30) Virginia Beach Mariners Creative Team Concepts Upon motion by Councilman Wood, seconded by Councilman Schmidt, City Council voted to proceed Into CLOSED SESSION (4:05 P.M.). January 31, 2006 - 19 - ITEM # 54842 (Continued) Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox and Rosemary Wilson Council Lady Wilson entered Closed Session: 4:30 p.M. (Closed Session: 4:05 P.M. - 5:30 P.M.) (Dinner: 5:30 P.M. - 6:00 P.M.) January 31, 2006 - 20- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL January 31, 2006 6:00 P.M. Mayor Meyer E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, January 31,2006, 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 Deborah Fair, Pastor Charity United Methodist Church 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 andfile 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 ofwhich 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. January 31,2006 - 21 - MA YOR'5 INTRODUCTION ITEM # 54843 Mayor Oberndorfintroduced the Mayor's Youth Council, a group ofmiddle and high school students from the City's public and private schools. The students were in attendance to observe and support the elected officials. The students each introduced themselves and received mementoes of the City. January 31, 2006 - 22 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 54844 Upon motion by Councilman Dyer, seconded by Councilman Schmidt, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: 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 and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Rosemary Wilson Council Members Absent: None Council Lady Wilson ABSTAINED as she arrived late and was only present for part of the Closed Session. January 31, 2006 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 # 54842, page 18, 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. ~~-;-- th Hodges Smith, MMC City Clerk January 31, 2006 - 23 - Item V-F.J. MINUTES ITEM #54845 Upon motion by Councilman Dyer, seconded by Councilman Schmidt, City Council APPROVED Minutes of the INFORMAL AND FORMAL SESSIONS of January 24, 2006. Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Vice Mayor Reba S. McClanan, Richard A. Maddox, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Mayor Meyera E. Oberndorf and Jim Reeve Council Members Absent: None Mayor Oberndorfwas ABSTAINED as she was hospitalized recoveringfrom surgery and could not attend the City Council Session of January 24, 2006. Councilman Reeve ABSTAINED, as he was out of the City. January 31, 2006 - 24- Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM #54846 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION ADDED: Ordinance to APPROPRIATE a $150,000 interest-free loan with scheduled repayments re Atlantic Wildfowl Heritage Museum site improvements January 31, 2006 - 25 - Item V-G.1. ADD-ON ITEM #54847 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADDED to the Agenda as Item J. 8. Ordinance to APPROPRIATE a $150,000 interest-free loan with scheduled repayments re Atlantic Wildfowl Heritage Museum site improvements 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 31, 2006 - 26- Item V-H.1. PUBLIC COMMENT ITEM #54848 Mayor Oberndorf DECLARED PUBLIC COMMENT: PUBLIC SAFETY COMPENSATION PLAN The following registered to speak: Susan Thompson, 536 General Booth Boulevard, Phone: 468-4600, Officer - Virginia Beach Council of Civic Organization, President of Rudee Heights Civic League. The neighborhood participates in the Neighborhood Watch Program and the National Night Out. Mrs. Thompson spoke in support. Iva Nash, 540 Cedar Lane, Phone: 486-3146, President of the Virginia Beach Education Association, spoke in support of the Public Safety Compensation Plan, specifically the Police Supervisors' Pay Plan. Ken Jobe, President - Council of Civic Organizations, 304 Croatan, Phone: 428-0328, spoke in support of the Police Supervisors' Pay Plan Jason Stroud, 1929 Lewisham Way, Phone: 689-07876, President Virginia Beach Emergency Medical Services Association, spoke in support of the Police Supervisors' Pay Plan Dan Baxter, 2001 Drumheller Court, Phone: 495-7224, spoke in support of the Public Safety Compensation Plan Kenneth Pravetz, 4305 Shrew Trail, Phone: 416-1120, President - Virginia Beach Professional Fire Fighters, represented 420 firefighters in the City of Virginia for the Police Supervisors' Pay Plan Ray Bach, 2300 Trant Lake Drive, Phone: 593-6400, Virginia Beach Police Officer, President - Virginia Beach Police Benevolent Association and a member of the Virginia Beach Coalition of Public Employees Mark Bowman, 2316 Wilchester Glen Drive, Phone: 430-7055, Vice President - Virginia Beach Police Supervisors Association, advised the Police Supervisors' Pay Play encompasses all public safety personnel Daryl Plude, 3824 River Oak Circle, Phone: 435-8074, Vice President - Fraternal Order of Police John Moss ,Chair- Virginia Beach Taxpayers Alliance, 4109 Richardson Drive, Phone: 363-7745, spoke relative priorities and advised Public Safety is the number one provision of local government. Therefore, the Pay Plan solution should be in the baseline budget. Albert D. Carpenter, 848 Levy Loop, Phone: 297-6035, business owner, spoke in support of the Public Safety Compensation Plan Tracy Finn, 3137 Polk Drive, Phone: 430-9454, wife of a former Police Officer, represented the Police Department and spoke in behalf of the Police Supervisors' Pay Plan Sergeant David Squires, Phone: 474-7427, Police Officer since 1992, spoke in support of the Police Supevisors ' Pay Plan January 31,2006 - 27 - v'J. RESOLUTION/ORDINANCES ITEM # 54849 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council APPROVED IN ONE MOTION Items 1 (AS AMENDED), 2, 3, 4, 5, 6, 7 and 8 (ADDED)(DEFERRED) of the CONSENT AGENDA. Item J8 (ADDED) will be DEFERRED, BY CONSENT, until the City Council Session of February 7, 2006 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 31, 2006 - 28 - Item V-J.l RESOLUTION/ORDINANCES ITEM # 54850 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED, AS AMENDED*: Resolution to ESTABLISH a Meals Tax Task Force to analyze the impact on restaurant patrons and owners as well as the current and potential uses of the tax *The Commissioner of the Revenue and a representative of the Chamber of Commerce shall be added to the composition of the Meals Tax Task Force. Section e, line 44 shall be added: "analyze the effect on revenues to the City if the meals tax or portion thereof is repealed, including how the revenue would be replaced". 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. Oberndoif, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 31,2006 ALTERNATE VERSION 1 Requested by Councilmembers Robert M. Dyer and Ron A. 2 Villanueva 3 A RESOLUTION ESTABLISHING A MEALS 4 TAX TASK FORCE 5 WHEREAS, the City's meals tax impacts restaurant patrons as 6 well as restaurant owners; and 7 WHEREAS, a comprehensive analysis of the impact of the 8 meals tax and of current and potential uses of meals tax 9 proceeds would assist City Council in making informed decisions 10 about the meals tax; 11 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 12 OF VIRGINIA BEACH, VIRGINIA: 13 1. That City Council hereby establishes the Meals Tax 14 Task Force (the "Task Force"); 15 2. That the Task Force shall consist of: 16 a. Two members of City Council; 17 b. A member of the School Board, to be selected by 18 the School Board; 19 c. A representative of the following organizations, 20 to be selected by the respective organizations: 21 1. Virginia Beach Restaurant Association; 22 2. Virginia Beach Hotel and Motel Association; 23 3. Virginia Beach Central Business District 24 Association; and 25 4. The Chamber of Commerce; 26 d. The director of the Finance Department or 27 designee; 28 29 e. Delegate John Welch; A member of the Minority Business Council, to be f. 30 designated by the Minority Business Council; and 31 32 g. The Commissioner of Revenue. 3. That the Task Force shall serve in an advisory 33 capacity to City Council; 34 35 36 37 38 39 40 41 42 43 44 45 46 47 4. That the Task Force shall: a. study the impacts of the current meals tax on citizens and the restaurant community; b. compare the City's meals tax to other cities in the reglon, the state, and nation; c. identify any City ordinances or policies that set aside meals tax proceeds for specific purposes; d. determine what, if any, effect the meals tax may have on special tax districts and the school revenue sharing formula; and e. analyze the effect on revenues to the City if the meals tax or a portion thereof is repealed, including how the revenue would be replaced. 5. That the Task Force shall report its findings to City 48 Council no later than September 1, 2006. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia on the 31st day of January , 2006. Approved as to Legal Sufficiency: -;p~ ~ City Attorney Offlce CA9906 H:\PA\GG\OrdRes\Meal Tax Task Force RES.doc January 31, 2006 R4 - 29 - Item V-J.2. RESOLUTION/ORDINANCES ITEM # 54851 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED: Ordinance to REESTABLISH the Virginia Beach Advertising Advisory Committee 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 31,2006 1 AN ORDINANCE TO REESTABLISH THE 2 VIRGINIA BEACH ADVERTISING ADVISORY 3 COMMITTEE 4 WHEREAS, by ordinance adopted August 22, 1995, City Council 5 established the Virginia Beach Advertising Advisory Committee (the 6 "Committee"), with its term expiring on June 30, 1997; 7 WHEREAS, City Council subsequently extended the Committee's 8 term twice, with its most recent extension expiring on June 30, 9 2004; 10 WHEREAS, City Council has determined that, because the 11 Committee provides valuable advice and recommendations to the City 12 regarding the City's advertising and marketing ini tiati ves and 13 strategies, the term of the committee should be extend; and 14 WHEREAS, the City has experienced tourist-related development 15 over the past several years, especially in the areas of the Town 16 Center District and the Shore Drive Corridor, and representatives 17 of these two geographic areas would assist the City in development 18 of a more comprehensive advertising and marketing strategy to 19 further stimulate and enhance the growth of tourism within the 20 City. 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 1. That City Council hereby reestablishes the Virginia Beach 24 Advertising Advisory Committee; 25 2 . That the Committee shall be comprised of the following 26 voting members: 27 a. The President of the Virginia Beach Hotel and Motel 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Association; b. Four additional representatives of the Virginia Beach Hotel Motel Association to be designated by the association's Executive Committee; c. The President of the Virginia Beach Restaurant Association; d. An at-large member representing the City's tourist industry to be designated by the City Manager; e. A representative of the cottage industry to be designated by the City Manager; f. A representative of the Town Center District to be designated by the City Manager; and g. A representative of the Shore Drive Corridor to be designated by the City Manager. 3. That the Committee shall also include the following ex- officio (non-voting) members: a. Two Councilmember liaisons, one of which shall be the Councilmember for the Beach District; b. The Director of the Convention & Visitors Bureau; c. The Executive Director of the Virginia Beach Hotel and Motel Association; and d. A representative of the City's advertising agency as designated by the agency. 4. That the purpose of the Committee shall be to review the City's advertising budget and marketing strategy, and to make recommendations to the Director of the Convention & Visitors Bureau regarding appropriate advertising and marketing ini tiati ves and 55 strategies designed to foster and stimulate the growth of tourism 56 within the City. 57 5. That the term of the committee shall expire on June 30, 58 2008. Adopted by the Council of the City of Virginia Beach, Virginia on the 31 st day of January 2006. APPROVED AS TO CONTENT: APPROVED AS SUFFICIENCY: TO LEGAL ;<~~ City Attorney's Office CA9900 H:\P&A\GG\Ord & Res\Virginia Beach Ad Advisory Agency ORD.DOC R-2 January 23, 2006 - 30 - Item V-J.3. RESOLUTION/ORDINANCES ITEM # 54852 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED: Ordinance to AMEND :-,';7-66 of the City Code re designation of City highways for Golf Cart operation (specifically for Heron Ridge Estates) 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. Oberndoif, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 31, 2006 1 AN ORDINANCE TO AMEND SECTION 7-66 OF THE 2 CITY CODE PERTAINING TO DESIGNATION OF 3 CITY HIGHWAYS FOR GOLF CART OPERATION 4 5 SECTION AMENDED: 5 7-66 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 8 VIRGINIA BEACH, VIRGINIA: 9 10 That Section 7-66 of the City Code is hereby amended and 11 reordained, to read as follows: 12 Sec. 7-66. Designation of ~eity highways for golf cart operation; 13 posting of signs 14 15 (a) Pursuant to Ssection 46.2-916.2 of the Code of Virginia, 16 city council may authorize by ordinance, the operation of golf 17 carts on designated public highways wi thin the ~ei ty after (i) 18 considering the speed, volume, and character of motor vehicle 19 traffic using such highways, and (ii) determining that golf cart 20 operation on particular highways is compatible with state and local 21 transportation plans and consistent with the Ceommonwealth's 22 statewide pedestrian policy. No ~eity highway shall be designated 23 for use by golf carts if such golf cart operations will impede the 24 safe and efficient flow of motor vehicle traffic, or if the 25 highway's posted speed limit is greater than twenty-five (25) miles 26 per hour. 27 (b) All requests made to have specific highways designated 28 for golf cart use shall be directed to the T~raffic ~engineering 29 Qeffice of R~ublic ~works. 30 (c) Any ~ei ty highway designated for golf cart operations 31 shall be posted with signs indicating this designation. The 32 organization, individual or entity requesting a highway designation 33 allowing golf cart operations shall reimburse the ~€ity its actual 34 cost for the installation and continued maintenance of such signs. 35 (d) The following City streets located in the specified 36 neighborhoods are approved for golf cart operation in accordance 37 with the provisions of this Article: 38 (1) Heron Ridge Estates - Couples Court, Heron Ridge 39 Lane, Heron Ridge Drive, Lynx Drive, Lynx Court and Ryan 40 Court. 41 42 Adopted by the Council of the City of Virginia Beach, 43 Virginia, on the 31st day of January, 2006. - 31 - Item V-J. 4. RESOLUTION/ORDINANCES ITEM # 54853 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED: Ordinance to AMEND the repayment schedule for the $1,000,000 loan to the Virginia Aquarium and Marine Science Foundation, Inc. to change the due date of the first yearly payment to January 15, 2007, with final payment due January 15, 2010 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 31, 2006 1 2 3 4 5 AN ORDINANCE TO AMEND THE REPAYMENT SCHEDULE FOR THE $1,000,000 LOAN TO THE VIRGINIA AQUARIUM AND MARINE SCIENCE FOUNDATION, INC. WHEREAS, on November 9, 2004, City Council adopted an 6 ordinance to appropriate one million dollars ($1,000,000) 7 in the general fund to provide an interest free loan to the 8 Virginia Aquarium & Marine Science Foundation, Inc. 9 ("Foundation"); 10 WHEREAS, the purpose of the $1,000,000 loan was to 11 enable the Foundation to begin designing planned 12 improvements to exhibits at the Virginia Aquarium and 13 Marine Science Center; 14 WHEREAS, the ordinance provided that the loan was to 15 be repaid by the Foundation over four (4) years, with 16 payments due on the fifteenth (15th) day of January of each 1 7 year; 18 WHERAS, payments were to be made :in four (4) equal 19 installments of $250,000, with the first payment to be made 20 on or before January 15, 2006, and the last payment to be 21 made on or before January 15, 2009; 22 WHEREAS, due to unforeseen delays in the contractual 23 negotiations between the City, the Foundation, and the firm 24 engaged to perform architectural and engineering services, 25 the Foundation has not yet drawn upon the $1,000,000 loan; 26 WHEREAS, the Foundation anticipates that it will draw 27 upon the loan by June 2006 i and 28 WHEREAS, because the Foundation has not drawn upon the 29 loan and the ordinance requires the Foundation to begin 30 repayment on or before January 15, 2006, the Foundation 31 desires to amend the repayment schedule set forth in the 32 ordinance. 33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 34 CITY OF VIRIGINIA BEACH, VIRGINIA: 35 That the repayment schedule set forth in the ordinance 36 adopted by City Council on November 9, 2004 is hereby 37 amended to provide that the $1,000,000 loan shall be repaid 38 by the Foundation over four (4) years, with the first 39 payment due on or before January 15, 2007. The remaining 40 three payments shall be due, respectively, on or before 41 January 15, 2008, January 15, 2009, and January 15, 2010. 42 Payments shall be made in four (4) equal installments of 43 $250,000. 44 Adopted by the Council of the City of Virginia Beach, 45 Virginia, on the 31 st day of ']cnll.::lry , 2006. 46 47 48 49 50 51 52 APPROVED AS TO CONTENT ~~uJlct- Museums and Cultural Arts H:\PA\GG\OrdRes\Proposed\Aquarium CA9823 January 17, 2006 R-2 APPROVED AS TO LEGAL SUFFICIENCY ~~Jt ~~ City Attorney s Offlce Foundation ord.doc - 32 - Item V-J.5. RESOLUTION/ORDINANCES ITEM # 54854 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $50,000 from the Department of Health and Human Services to the Fire Department's FY 2005-2006 operating budget re Medical Reserve Corps program 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 31, 2006 1 2 3 4 5 AN ORDINANCE TO ACCEPT AND APPROPRIATE $50,000 FROM THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO THE FIRE DEPARTMENT'S FY 2005-06 OPERATING BUDGET FOR THE MEDICAL RESERVE CORPS PROGRAM 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 1) That $50,000 in additional federal revenue is hereby 9 accepted and appropriated to the Fire Department's FY 2005-06 10 Operating Budget to fund the Medical Reserve Corps Program. 11 2 ) That revenue from the federal government is hereby 12 increased by $50,000 in the FY 2005-06 Operating Budget. 13 3) That a part-time position is hereby continued in the 14 FY 2005-06 Operating Budget for the duration of the grant. 15 Accepted by the Council of the City of Virginia Beach, 16 Virginia on the 31 st day of Januar~ 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~$0./~ anage ent Services \)4Jn!J U ~ ~ City Attorn's Offlce CA9894 H:\PA\GG\OrdRes\Medical R-2 January 19, 2006 Reserve Corps ORD 1. DATE ISSUED (MoJDaylYr.) 12. CFDA NO_ DEPARTMENT OF HEALTH AND HUMAN SERVICES 09/24/2005 9'3.00B PUBLIC HEALTH SERVICE 3_ SUPERCEDES AWI>RD NOllCE dated OPHS OffIce of Grants Management . _t that any addIdons or restricllons pra"ously.lmposed remain lIl.ffecl unlea. .pllClfically reaclnclld 1101 Wootton Parkway 04_ GRANT NO. 5. ADMINISTRATIVE CODES Suite 550 5 MRCSG030074-03-00 OSG-S2 Rockville, MD 20852' FOIl1IlIrly: U52SG03032 NOTICE OF GRANT AWARD 6. PROJECT PERIOD MoIDaylYr. Mo./DaylYr. From 09/30/2003 Through 09ill/2OO6 AUTHORIZA nON (leglslaUoniRegulalions) 7. BUDGET PERIOD MoID1!fJlYr. Mo./DeylYr. TiUe XV1I, Section 1701(e) (1), Publfc Health Service Act As Amended From 09/30/2005 Through 09/29/2006 8. TITLE OF PROJECT (OR PROGRAM) ~m/r to 56 spaces) Vinginia Beach Medical Reserve COrps 9. GRANTEE NAME AND ADDRESS 10. DDlECTOR OF PROJECT (pROGRAM DIRECTOR/P.RINCIPLE INVESTIGATOR) a. City of Virginia Beach, Fire Department (lAST NAME FIRST AND ADDRESS) Sutton, Erin E. b. 2408 Court House Drive 4452 Corporation Lane c. Vriglnia Beach, VA 23462 d. Vriginia Beach' a.VA f. 23456 Phone: 757- 518-2784 11. APPROVED BUDGET (Excludes PHS DlreclAssistanca) 12. AWARD COMPUTAnON FOR GRANT I PHS Grant F...... Only a. .....ounl of PHS Financial AssI8~ (nom Rfam 11.u' 50,000 II Total project coots Includll1g grant funds and all oIher financfal particlpsion [liJ b. Less Unobllgaled Balance From Prior Budget Periods 0 (SeleCl one end Dlllee NUMERAL In box) a. Less Cumulallve Prior Awerd(.) This Budget Period 0 8. Selaries and Wages 27,783 d..AMOUNT Of FINANCIAL JlSSISTANCE 1lI1S ACTION I $ 50,000 b. Fringe Benefits 2,125 13- RECOMMENDED FUTURE SUPPORT c. Total Personnel Costs ............................... 29,908 (Subject to the _nabllly of furllI8 end set/s/ac/Of)' progress of /he project): d. Con.ultants Costs.. ................. .............. ............. 0 YEAR TOTAL DIRECT COSlS YEAR TOTAL DIRECT COSTS e. Equipment .............................................. 670 s. 4 d. 7 f. Supplies ..........................n.................. 15,295 b. 5 e. 8 g. Travel .............................................. 2,507 a. 6 f. 9 h. PaUent Care -Inpatient ............................... 0 1.. APPROVED DIRECT ASSISTANCE BUDGET (IN LIEU OF CASH): I. PaUent Care - Outpatient ............................... 0 a. AMOUNT OF PHS Direct Assistance 0 j. AIlerallons and Renovations ...............m......m.... 0 b. Lass Unobligated Belance From Prier BudgBtPerfod. 0 k. Other ................................................. 1,620 c. l.essCUnuletive Prior Award(l) lhis Budget Period 0 I. Consortium/Contractual ............................... 0 . d. AMOUNT OF DIRECT ASSISTANCE lHlS ACllON 1$ 0 ......... m Trainee Related Elcpenses ............................... 0 15~ PRaGIUM INCOM!.SU8JI!CT T04S CFRPAI1.flC.SU8PARr F,ORC5CfR'225, sHAU.BE UsED IIfACCORD WITH ONE OPT'" fOLLOMfOALTERNATIYD: 0 n. Trainee Stipends ............................... 0 ~........... LETTER.._) .. DEDUC'nON C. Trainee Tuilion and Fees ............................... 0 .. ADCITlOM\L COSTS c. .....tcHNG Trainee Travel 0 "- ~:==I~t~QlIfon) p. ................................................. .. q. TOTAL DIRECT COSTS 50,000 18. nus AWAAD . lASED OHAH AP'PUCATION'U8MIITEDTO.AHD AaAPPAOVED BY. THE PHS OMTHI!' ABoVETrrLED PROJEC'f ,. INDIRECT COSTS o (rate 0 % of TADC) 0 AND 18 8U8JI!CT TOltslENlll AND CONDJIIONlINCORflOftAUD Ell'HlRDltECTL Y OR BY' REFERENCE INTHE FOI..I.O\\'tNO: .. n..............__-...... s. TOT AI. APPROVED BUDGET $ 50,000 .. ""'.......................--.. Co nt. 8WWlI ,.,...lncIudIng ..."..... oandIIcn. , q, 1'10" ",.Iow under AEMAIU<S. t SBIR Fee 0 d. PHS....... ............._...,....._'..11.. boo.......d....................... .. 4~tFRPJlt74C1'4&CfRhII.2_~IIt. u. Federal Share $ 50,000 In 1M ....nllhere .. CDtIIIc'ng or Dtherwld lnconIIa.nt poIcII. ._DlbIe kt the gnud. IhI !lbDve ardet Df precedence .tud prev" Aceeplance of lilt ..nt-.nw and condlllDna II ~ by lie 011"". wMn rur.tI .,. cbwn orDthelWlse obtalned from Ule v. Non-Federal Share $ 0 gIlII>I poy,""" 1)/0- REMARKS: (Other Tennl and CondHlons See AttaChed Terns & Conditions ~ Yes DNa) ;;:z; M7-iMENT (Slgn~ (Name - TyperVPrint) (71I/a' :/ ~ Karen Campbell Grants Management Officer, OPHS 17.0BJ 41.45 / 18. eRS. EIN 1540722061A3 19. LIST NO. CONGo OIST.: FY .cAN DOCUMENT NO. ADMINISTRATIVE CODE AMT AcnON FIN ASST AMT ACTION OR JlSST 20. 5-1990790 b. U2SG0303.2A c. 05G-S2 d. 50,000 e. 0 21. b. c. d. e. 22. b. c. d. e. PHS-5152-1 (rev. 7182) (NOTE: See ,....."'. for paymanllnflll'lOOllon) - 33 - Item V-J. 6. RESOLUTION/ORDINANCES ITEM # 54855 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED: Ordinance to TRANSFER $20,639 from the Reserve for Contingencies to the Office of Volunteer Resources FY 2005- 2006 operating budget to add one full-time position to the Citizen Emergency Response Team (CERT) 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. OberndorJ, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 31, 2006 1 2 3 4 5 6 7 8 AN ORDINANCE TO TRANSFER $20,639 FROM RESERVE FOR CONTINGENCIES TO THE OFFICE OF VOLUNTEER RESOURCES FY 2005-06 OPERATING BUDGET AND ADD ONE FULL-TIME POSITION TO MANAGE AND EXPAND THE CITIZEN EMERGENCY RESPONSE TEAM PROGRAM BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 1) That $20,639 is hereby transferred from Reserve for 11 Contingencies to the FY 2005-06 Operating Budget of the Office 12 of Volunteer Resources to cover costs associated with assistance 13 to the Citizen Emergency Response Team. 14 2 ) That one full-time position is added to the Office of 15 Volunteer Resources for the FY 2005-06 Operating Budget. 16 Accepted by the Council of the City of Virginia Beach, 17 Virginia on the 31st day of Jauary , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~~- ,krne c/~ City Attorn's Office CA9897 H:\PA\GG\OrdRes\CERT Position ORD R-2 January 19, 2006 - 34 - Item V-J. 7. RESOLUTION/ORDINANCES ITEM # 54856 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED: Ordinance to TRANSFER $1,508,121 within the Capital Improvement Budget re increased construction costs of the Laskin Road Gateway. 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 31, 2006 1 2 3 4 5 6 AN ORDINANCE TO TRANSFER $1,508,121 FROM CIP #2-165, "LASKIN ROAD-PHASE II" TO CIP #2-076, "LASKIN ROAD GATEWAY" TO COVER INCREASED CONSTRUCTION COSTS AND ALLOW THE AWARDING OF THE CONTRACT 7 WHEREAS, due to the existing market conditions and 8 increasing costs for materials and labor, an additional $1,508,121 9 must be appropriated to CIP #2-076, "Laskin Road Gateway" to allow 10 the awarding of the contract for this project; and 11 WHEREAS, the additional amount needed may be transferred 12 from CIP #2-165, "Laskin Road-Phase II" with the funding to be 13 reprogrammed to this proj ect in future years of the Capital 14 Improvement Program. 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 16 OF VIRGINIA BEACH, VIRGINIA: 17 That $1,508,121 is hereby transferred from CIP #2-165, 18 "Laskin Road-Phase II" to CIP #2-076, "Laskin Road Gateway" to 19 cover increased construction costs and allow the awarding of the 20 contract. 21 22 23 Adopted by the Council of the City of Virginia Beach, Virginia, on the 31st day of January , 2006. APPROVED AS TO CONTENT: ~~~~~ APPROVED AS TO LEGAL SUFFICIENCY: \~u~ City Attorney's fice CA9905 H:\PA\GG\OrdRes\Laskin Road Gateway ORD R-3 January 25, 2006 LASKIN ROAD GATEWAY- CIP 2-076 SCALE: 1" = 400' PREPARED BY P;W ENG. DRAFT. 19-JAN-2006 ," ...::'~ 1:;::;':'-' Summary Bid Results Project: CIP: Bid Date: Laskin Road Gateway--30th Street 2-076 22-Dec-2005 Contractor Kevcor Contracting Corporation Precon Construction Corporation Suburban Grading & Utilities, Inc. Price $ 9,229,659.95 $ 9,751,526.06 $ 10,940,313.00 - 35 - Item V-J.8. RESOLUTION/ORDINANCES ADD-ON ITEM # 54857 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council DEFERRED, until the City Council Session of February 7,2006: Ordinance to APPROPRIATE a $150,000 interest-free loan with scheduled repayments re Atlantic Wildfowl Heritage Museum site improvements 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 31, 2006 - 36 - Item V-K. PLANNING ITEM # 54858 1. BRYCE L. AND SUE K. HARLOW STREET CLOSURE And YVONE H. DU BUY 2. M & M CONTRACTORS, INC. MODIFICATION OF CONDITIONS CONDITIONAL USE PERMIT (APPROVED: February 26, 2002) 3. UNITED STATES FISH and WILDLIFE SERVICE and JUDY and JAMES FROMAN V ARlANCES a. 8 4.4(b) of the Subdivision Ordinance b. 85B of the Site Plan Ordinance, Floodplain Regulations 4. CENTRAL PARK ASSOCIATES, LLC CONDITIONAL CHANGE OF ZONING 5. FIFTEENTH STREET GAMESDA Y, LLC CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT 6. KEVIN MILLER CONDITIONAL USE PERMIT 7. CITY OF VIRGINIA BEACH AMENDMENTS a. AMEND 84 of the Site Plan Ordinance re Datum used to measure elevation b. AMEND 88 6.1 and 6.3 of the Subdivision Regulations re Datum used to measure the elevation and horizontal distance of land T lmllarv i 1 ?OO{) - 37 - Item V-K. PLANNING ITEM # 54859 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council APPROVED IN ONE MOTION Items 1, 3a/bl, 4, 5a/bl, 6 and 7 a/b/ of the PLANNING BY CONSENT AGENDA. Item 6 (MILLER) was DEFERRED INDEFINITELY, BY CONSENT 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Mayor Oberndorf and Council Lady McClanan voted a VERBAL NAY on Item 4 (CENTRAL PARK ASSOCIA TES, LLC) Councilman Wood ABSTAINED on Item K.4. (CENTRAL PARK ASSOCIATES, LLC), as his wife's firm has a business relationship with the applicant. January 31, 2006 - 38 - Item V-K.l PLANNING ITEM # 54859 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED THE Ordinance upon application of BRYCE L. and SUE K. HARLOW and YVONNE H. DU BUY for the discontinuance, closure and abandonment of a 15-foot alley: Ordinance upon Application of Bryce L. & Sue K. Harlow and Yvonne H duBuy for the discontinuance, closure and abandonment of a portion of a 15 foot alley located between Lots 2 and 12, Block 13, Chautauqua by the Sea. Property is located between 832 Surfside Avenue and 833 Vanderbilt Avenue. DISTRICT 6 - BEACH The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, " approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicants shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days (January 30, 2007) of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way, this approval shall be considered null and void. 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 31,2006 1 2 3 4 5 6 7 8 9 10 11 12 13 IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS "AREA OF 15' ALLEY TO BE CLOSED 750 SQ. FT. 0.0172 ACRES" AS SHOWN ON THAT CERTAIN PLAT ENTITLED "EXHIBIT DEPICTING STREET CLOSURE OF A PORTION OF A 15' ALLEY SUBDIVISION OF CHAUTAUQUA BY THE SEA BLOCK THIRTEEN VIRGINIA BEACH, VIRGINIA" 14 WHEREAS, Bruce L. Harlow and Sue K. Harlow, husband 15 and wife; and Yvonne H. duBuy applied to the Council of the City 16 of Virginia Beach, Virginia, to have the hereinafter described 17 street discontinued, closed, and vacated; and 18 WHEREAS, it is the judgment of the Council that said 19 street be discontinued, closed, and vacated, subject to certain 20 conditions having been met on or before one (1) yea r from (' it\, 21 Council's adoption of this Ordinance; 22 23 NOW, THEREFORE, BE IT ORDAINED by the Council of the 24 City of Virginia Beach, Virginia: 25 SECTION I 26 27 That the hereinafter described street be discontinued, 28 closed and vacated, subject to certain conditions being met on 29 30 GPIN: 2426-37-6591, 2426-37-5488 31 1 31 or before one (1) year from City Council's adoption of this 32 ordinance: 33 34 All that certain piece or parcel of land 35 situate, lying and being in the City of 36 Virginia Beach, Virginia, designated and 37 described as "AREA OF 15' ALLEY TO BE 38 CLOSED 750 SQ. FT. 0.0172 ACRES" shown as 39 the hatched area on that certain plat 4 0 entitled: "EXHIBIT DEPICTING STREET CLOSURE 41 OF A PORTION OF A 15' ALLEY SUBDIVISION OF 42 CHAUTAUQUA BY THE SEA BLOCK THIRTEEN 43 VIRGINIA BEACH, VIRGINIA" Scale: 1"= 25', 44 dated August 31, 2005, prepared by ALPHATEK 45 Surveyors, Ltd., a copy of which is attached 46 hereto as Exhibit A. 47 48 SECTION II 49 50 The following conditions must be met on or before one 51 (1) year from City Council's adoption of this ordinance: 52 1. The City Attorney's Office will make the final 53 determination regarding ownership of the underlying fee. The 54 purchase price to be paid to the City shall be determined 55 according to the "Policy Regarding Purchase of City's Interest 56 in Streets Pursuant to Street Closures," approved by City 57 Council. Copies of said policy are available in the Planning 58 Department. 59 2. The applicants shall resubdivide the property and 60 vacate internal lot lines to incorporate the closed area into 61 the adjoining parcels. The resubdivision plat shall be 2 62 submitted and approved for recordation prior to final street 63 closure approval. 64 3. The applicants shall verify that no private 65 utili ties exist wi thin the right-of-way proposed for closure. 66 Preliminary comments from the utility companies indicate that 67 there are no private utili ties wi thin the right-of-way proposed 68 for closure. If private utilities do exist, the applicants 69 shall provide easements satisfactory to the utility companies. 70 4. Closure of the right-of-way shall be contingent 71 upon compliance with the above stated conditions wi thin one (1) 72 year of approval by City Council. If all conditions noted above 73 are not in compliance and the final plat is not approved within 74 one (1) year of the City Council vote to close the street, this 75 approval will be considered null and void. 76 77 SECTION III 78 79 1. If the preceding conditions are not fulfilled on 80 or before January 30, 2007, this Ordinance will be deemed null 81 and void without further action by the City Council. 82 2 . I fall conditions are met on or before January 83 30, 2007, the date of final closure is the date the street 84 closure ordinance is recorded by the City Attorney. 85 3. In the event the City of Virginia Beach has any 86 interest in the underlying fee, the City Manager or his desLqnec 3 87 is authorized to execute whatever documents, if any, that may be 88 requested to convey such interest, provided said documents are 89 approved by the City Attorney's Office. 90 SECTION IV 91 A certified copy of this Ordinance shall be filed in 92 the Clerk's Office of the Circuit Court of the City of Virginia 93 Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA 94 BEACH as "Grantor" and BRYCE L. HARLOW and SUE K. HARLOW, 95 husband and wife; and YVONNE H. duBUY as "Grantee." 96 Adopted by the Council of the City of Virginia Beach, 97 Virginia, on this 31stday of January 2006. CA-9704 H:\OID\REAL ESTATE\Street Closure\Harlow-DuBuy.CA9704\ORD.doc R-1 Date January 10, 2006 APPROVED AS TO CONTENT: ~ '-If).. ob Planni~epartment APPROVED AS TO LEGAL SUFFICIENCY: City At orney 4 E'~H f~tT A 50.00' 50.00' - ~ W ""'"11IIIII[ LOT 12 BLOCK 13 1 MB 24 P 37 GPIN 24263765910000 833 VANDERBIL T A VENl. ,kJ ,~ ~. "o~ "0 ~C) 1 LOT 13 I- C) C)I-~ C) ~. c:il~ c:i I 1;q-8 C);q- C) r-..._ - r-... LOT 11 - r-... r-... <: (J) I - N12'17'36"W 50.00' 0) 0) ~ 0) 0) 0) ~ ~ ~ ~ ~ S12'17'36 "E: ~ - ~ 50.00' d 1 L..J co (J) f-,:L..J ~u..~ LOT 3 >-d~ ,kJ L..Jl/)t'.j .~ ~. :JC)" - ~ LOT 1 "0 1'~8 ~~O C) ~ I C) I- C) I I ~ c:i in c:i c:il~ c:i C);q- C) LO T 3 BLOCK 13 r-...C) - - r-... MB 24 P 37 r-...- r-... <: ~ (J) GPIN 24263755730000 828 SURFSIOE AVE ~ I LOT 1 BLOCK 13 Q:: MB 24 P 37 ~ GPIN 24263754940000 LOT 2 BLOCK 13 836 SURFSIDE: AVE: MB 24 P 37 GPIN 24263754880000 832 SURFSIDE AVE 50.00' 50.00' V ANDERB/L T A VENUE (80' RIGHT or WA Y) S12'17'36 "E S12'17'36 "E ~ ~ ~ ~ ;q- " r-... (J) ~ as :s; ,~ <:('Q' ~~ ~ .~ ~~ ~ ;q- " ~~ r-... (J) J:~ CIj"---' ~ ,~ ~ -~ ~ ;q- " r-... (J) N12'17'36"W N12'17'36"W SURFS/DE A VENUE (50' RIGHT OF WA Y) EXHIBIT DEPICTING STREET CLOSURE (LAKE A VENUE PER PLA T) OF A PORTION OF A 15' ALLEY SUBDIVISION OF CHAUTAUQUA BY THE SEA BLOCK THIRTEEN VIRGINIA BEACH, VIRGINIA DA TE 31 AUGUST 2005 SCALE; 1"=25' o' 25' ~- 50' 75' I PROJECT NO.: 12807 DRAWING NO.: 16907 . A,Kt. LP.l...... iO."] A.!~l.. T"!.."E'..........:...C;i.........'.. j;l.J,,;I. :1',,,J ." iJ.J;-' (':;: '. j ; >:::.::::.::::::: .:',. _;~-";---;j_ H:-~;;.<-;; + )"~":~- .~: .r,..._.,._ h:_,,__;~ ":d. :.,. SUR V E Y 0 R S L TO. i . ":. ~" ,",.om" "'" ."",, .'^~ "' '''"' . ,,' TEL.: (757) 96J-5261 FAX: (757) 96J-5262 - 39 - Item V-K.2. PLANNING ITEM # 54860 Michael Goldmeier, 300 Southport Circle, Suite 103, hone: 671-1710, representing M & M Contractors and Wyoming Associates, advised any concerns would be addressed. Attorney R. E. Bourdon, representing the Michael D. Sifen Corporation, expressed concerns as to the appearance of the application. The conditions have not all been met. Sifen Corporation developed the Sabre Corporate Park across the street from M & M Contractors, Inc. Correspondence expressing concerns was distributed and is hereby made a part of the record. Upon motion by Council Lady McClanan, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY Application ofM & M CONTRACTORS, INC.for Modification of Conditions for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF M&M CONTRACTORS, INC. FOR A MODIFICATION OF CONDITIONS FOR A CONDITIONAL USE PERMIT Ordinance upon Application of M&M Contractors, Inc. for a Modification of Conditions for a Conditional Use Permit approved by City Council on February 26, 2002. Property is located at 533 South Lynnhaven Road (GPIN 14962713680000). DISTRICT 3 - ROSE HALL 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 31,2006 - 40- Item V-K.3 PLANNING ITEM # 54861 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED an application of the UNITED STATES FISH and WILDLIFE SERVICE and JUDY and JAMES FROMAN for Variances at 1793 and 1769 Nanneys Creek Road.J4.4 (b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) and 95B of the Site Plan Ordinance, Floodplain Regulations Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for United States Fish and Wildlife Service. Property is located at 1793 & 1769 Nanneys Creek Road (GPIN 24102632110000; 24102549220000). DISTRICT 7- PRINCESS ANNE Ordinance upon Application of United States Fish and Wildlife Service and Judy and James Froman for a Variance to Section 5B of the Site Plan Ordinance. Floodvlain Regulations on property located at 1793 and 1769 Nanneys Creek Road (GPIN 24102632110000; 24102549220000). DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. The parcels shall be subdivided and recorded as depicted on the plan entitled "Subdivision Exhibit, Property of James C. and Judy S. Froman" prepared by Woolpert, Inc. and dated 09/26/05. This exhibit is on file with the Planning Department. 2. Prior to any new dwelling being constructed on the property, a floodplain mitigation plan meeting all performance standards listed in Section 5(B)(f) of the Site Plan Ordinance shall be submitted to and approved by the Planning Department, Development Services Center. 3. The area of fill associated with any new dwelling shall not exceed 4,900 square feet as shown on the preliminary floodplain mitigation plan calculations prepared by Woolpert, Inc. and dated November 10,2005. These calculations are onfile with the Planning Department. 4. The amount of fill associated with any new dwelling shall not exceed 12,000 cubic feet as shown on the preliminary floodplain mitigation plan calculations prepared by Woolpert, Inc. and dated November 10, 2005. These calculations are on file with the Planning Department. January 31,2006 - 41 - Item V-K.3. PLANNING ITEM # 54861 (Continued) This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirty-first of January, Two Thousand Six 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 31, 2006 - 42- Item V-K.4. PLANNING ITEM # 54862 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED an Ordinance upon application of CENTRAL PARK ASSOCIATES, LLC for a Conditional Change of Zoning: ORDINANCE UPON APPLICATONOF CENTRAL PARK ASSOCIATES, L.L.c. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM CONDITIONAL B-2 TO CONDITIONAL A-24 Z01061239 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Central Park Associates, L.L. C. for a Change of Zoning District Classification from Conditional B-2 Community Business District to Conditional A-24 Apartment District on property located at 5129 Bonney Road (GPINs 14678061770000; 14678030930000). The Comprehensive Plan designates this site as being within the Primary Residential Area. The purpose of this rezoning is to develop multi-family residential units. 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. Voting: 8-2 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 and Rosemary Wilson Council Members Voting Nay: Mayor Meyera E. Oberndorf and Reba S. McClanan Council Members Abstaining: James L. Wood Council Members Absent: None Councilman Wood ABSTAINED on Item K.4. (CENTRAL PARK ASSOCIATES, LLe), as his wife's firm has a business relationship with the applicant CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. OF-630B OA TE: January 19, 2006 FROM: Leslie L. Lilley :-.i~ B. Kay Wilson~' OEPT: City Attorney TO: OEPT: City Attorney RE: Conditional Zoning Application; Central Park Associates, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on January 31, 2006. I have reviewed the subject proffer agreement, dated August 29,2005, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Iks Enclosure cc: Kathleen Hassen PREPARED BY: I!;JIB SYKlS,1l0URDON. mJII AlIrnN &. lM. P.c. CENTRAL PARK ASSOCIATES, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 29th day of August, 2005 by and between CENTRAL PARK ASSOCIATES, L.L.C., a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor, as the Owner of two (2) contiguous parcels of land located in the Kempsville District of the City of Virginia Beach, containing 4.560 acres as more particularly described in Exhibit "A", which is attached hereto and incorporated herein by reference (the "Property"), has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from Conditional B-2 Commercial District to Conditional A-24 Apartment District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 1467-80-6177 1467-80-3093 1 PREPARED BY: : ~ SYU:S. IWURDON. : ~P" >\.gillN & LM. P.C WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the A-24 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro qUO for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed, the entrance, streets, building orientation, landscaping and fencing shall be substantially in accordance with the "REZONING EXHIBIT of CAMERON GLEN for Central Park Associates, L.L.C.", dated 8/29/05, prepared by Kellam-Gerwitz Engineering, and the "CAMERON GLEN LANDSCAPE PLAN", prepared by Winn Nursery of Virginia, Inc., which have been exhibited to the Virginia Beach City Council and are on file 2 PREPARED BY: ~ SYlCES. ROURDON. ~~ 'lIERN & LM. P.C with the Virginia Beach Department of Planning ("Concept Plan" and "Landscape Plan") . 2. Vehicular Ingress and Egress shall be VIa one (1) entrance from Bonney Road as depicted on the Concept Plan. The entrance feature signage, shall be substantially in accordance with the photograph of the "CAMERON GLEN CONDOMINIUM" sign which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Sign Photograph") . 3. When the Property is developed, there will be no more than fIfty-fIve (55) residential condominium units, with a garage, within ten (10) buildings as depicted on the Concept Plans. 4. When the Property is developed, the residential structures depicted on the Concept Plan shall have the architectural design and utilize the building materials substantially as depicted and designated on the exhibits entitled "CAMERON GLEN - FRONT ELEVATION" and "CAMERON GLEN - REAR ELEVATION", prepared by Land Planning Solutions which have been exhibited to the Virginia Beach City Council and are on me with the Virginia Beach Planning Department ("Elevations"). 5. No on-street parking shall be permitted upon any of the roadways on the Property as depicted on the Concept Plans. 6. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, 3 PREPARED BY; ~m SYKIS. BOURDON. r ~ limN & LM. P.c. Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the goveming body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the goveming body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. 4 PREPARED BY: ~m SYK[S. nOURDON. mu AH[RN & 1M. P.c. WITNESS the following signature and seal: GRANTOR: Central Park Associates, L.L.C., a Vir' . limited liability comB y By: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: (SEAL) The. foregoing instnlment was acknowledged before me this 31 st day of August, 2005, by Edwin S. Waitzer, Manager of Central Park Associates, L.L.C., a Virginia limited liability company, Grantor. ~A Jf,-i- L f/,yY) d-&tk6 Notary Public My Commission Expires: August 31, 2006 5 PREPARED BY: (;JIB SYKES. ROURDON. m AlIrnN & 1M. P.C EXHIBIT" A" PARCEL 1: ALL THAT certain tract, piece or parcel of land, with the improvements thereon, situate, lying and being near Kempsville, Kempsville Borough, City of Virginia Beach (formerly Princess Anne County), Virginia, containing three (3) acres, more or less, and described as follows: On the West by the Main Road from Kempsville to Euclid. On the South by other lands now or formerly belonging to Minnie Lee Humphries; on the East by the right-of-way of the Norfo1k-Southem Railroad Company's right-of-way, and on the North by the right-of-way adjoining Abraham Hawkins. A plat of said property is recorded in Map Book 17, Page 58. GPIN: 1467-80-6177 PARCEL 2: ALL THAT certain lot, piece or parcel of land, situate, lying and being in Kempsville Borough, in the Village of Kempsville, City of Virginia Beach (formerly Princess Anne County), Virginia, and described as follows: BEGINNING at an iron stob in the edge of the right of way of the public road, which is the intersection of the edge of said right of way, the property hereby conveyed and other property of E. I. Herrick, and is the Southwest comer of the property hereby conveyed, and running thence North along the edge of the right of way of said public road 100 feet (in the direction of Euclid) to an iron stob; thence tuming and running East in a straight line 435 feet to point in the edge of the property of Norfolk Southem Railroad Company; thence tuming and running South along the edge of the right of way of the Norfolk Southem Railroad Company to an iron post; thence tuming and running West 461 feet to the iron stob in the edge of the right of way of the public road, the point of beginning, said tract of land containing one (1) acre, but the said tract is conveyed in gross and not by the acre. GPIN: 1467-80-3093 CONDITIONALREZONE/CENTRALPARK/CAMERONGLEN/PROFFER 6 - 43 - Item V-K.5. PLANNING ITEM # 54863 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED Ordinances upon applications of FIFTEENTH STREET GAMESDA Y, LLC for a Conditional Change of Zoning and Conditional Use Permit: ORDINANCE UPON APPLICATION OF FIFTEENTH STREET GAMESDAY, L.L.C. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM I-I LIGHT INDUSTRIAL DISTRICT TO CONDITIONAL B-2 COMMUNITY BUSINESS DISTRICT ZO 1061239 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Fifteenth Street Gamesday, L.L. C. for a Change of Zoning District Classification from I-I Light Industrial District to Conditional B-2 Community Business District on property located at 764 South Military Highway (GPINs 14562664940000; 14562663650000). The Comprehensive Plan designates this site as being within the Primary Residential Area. The purpose of this rezoning is to develop a motor vehicle sales and repair facility. 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. ORDINANCE UPON APPLICATION OF FIFTEENTH STREET GAMESDAY, L.L.c. FOR CONDITIONAL USE PERMIT FOR MOTOR VEHICLES SALES, REPAIR AND DETAILING 10634141 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Fifteenth Street Gamesday, L.L. C. for Conditional Use Permit for motor vehicles sales, repair and detailing on property located at 764 South Military Highway (GPINs 14562664940000; 14562663650000). DISTRICT 2 - KEMPSVILLE The following conditions shall be required: 1. A Photometric Plan shall be submitted for review and approval with the final site plan submission to the Development Services Center. Lighting plan is to include height of poles located within the parking lot along with the location of all pole and building mounted lighting fixtures. The plan shall also include the lamp types, wattage and type of fixture. 2. A Certificate of Occupancy shall be obtained from the Building Official's office prior to occupancy of the structures. 3. No tires for sale, merchandise or parts shall be displayed or stored outside. 4. All auto repair must take place inside the building. January 31, 2006 - 44- Item V-K.5. PLANNING ITEM # 54863(Continued) 5. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 6. The existing non-conformingfree-standing sign shall be removed from the site and any new sign erected shall meet current zoning ordinance requirements These Ordinances 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 Thirty-first of January, Two Thousand Six 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 31, 2006 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6310 FROM: Leslie L. Lilley ~\~ B. Kay Wilson~JJ DATE: January 19, 2006 DEPT: City Attorney DEPT: City Attorney TO: RE: Conditional Zoning Application; Fifteenth Street Gamesday, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on January 31, 2006. I have reviewed the subject proffer agreement, dated August 30,2005, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ks Enclosure cc: Kathleen Hassen FIFTEENTH STREET GAMESDAY, L.L.C., a Virginia limited liability company AJUS, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 30th day of August, 2005, by and between FIFTEENTH STREET GAMESDAY, L.L.C., a Virginia limited liability company, Grantor, party of the first part; AJUS, L.L.C., a Virginia limited liability company, Grantor, party of the second part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part. WITNESSETH: WHEREAS, the party of the second part is the owner of two (2) contiguous parcels of property located in the Centerville District of the City of Virginia Beach, containing approximately 60,000 square feet and described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the party of the first part, being the contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from 1-1 Industrial District to Conditional B-2 Commercial District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantors' PREPARED BY, : SYKIS. ROURDON. ~ lImN & LM. P.L GPIN: 1456-26-6365 1456- 26-6494 1 PREPARED BY: ~.m SIT~S. ROURDON. : &l'~- . lImN &. LID. P.c. proposed rezoning, 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 resolve 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 a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its goveming body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govem the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is redeveloped, the vehicular access, parking, landscaping, building locations and setbacks shall be substantially as depicted on the exhibit entitled, "CONCEPTUAL SITE LAYOUT FOR FIFTEENTH STREET GAMESDAY, L.L.C., Virginia Beach, Virginia," dated 08/29/05, prepared by Lewis White and Associates, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Concept Plan"). 2. When the Property IS redeveloped, the exterior of the building designated "Ex-I-Story Proposed Office/Showroom" on the Concept Plan shall be renovated substantially as depicted on the Plans entitled "BUILDING ELEVATIONS 2 DEMOLITION" (A.2.1) and "BUILDING ELEVATION NEW WORK" (A.2.2) "MAGUIRE & SONS USED AUTO CENTER FOR FIFTEENTH STREET GAMESDAY" dated August 31, 2005, prepared by Sampson and Associates Architects, P.C. which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Building Elevations - Existing"). 3. When the Property is redeveloped, the exterior of the building designated "Proposed Repair Facility" on the Concept Plan shall have the architectural appearance, exterior surface materials and floor plans depicted on the plan entitled "SERVICE BUILDING MAGUIRE & SONS USED AUTO CENTER for Fifteenth Street Gamesday", dated August 31,2005, prepared by Sampson and Associates Architects, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Building Elevations - New"). 4. When the Property is redeveloped, a freestanding monument style sign meeting all requirements of the Zoning Ordinance shall be erected. 5. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the B- 2 Zoning District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if PREPARED BY: the subsequent amendment is part of a comprehensive implementation of a new or B.~ ~17Ji ~1~~~c. substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in 3 PREPARED BY: ~ sms. YOURDON. rI'- 'lUJtN &. LM. P.c. the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the goveming body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The 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 goveming body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 4 PREPARED BY: ~m sms. ROURDON. mil AHf.RN &. LM. P.c. ~- r WITNESS the following signature and seal: Grantor: FIFTEENTH STREET GAMESDAY, L.L.C., a Virgini limited liability company I By: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: (SEAL) :~ . ~ ~ ~ ~ ~ The foregoing instrument was acknowledged before me this 31st day of August, 2005, by Warren Sachs, Manager of Fifteenth Street Gamesday, L.L.C., a Virginia limited liability company, Grantor. _~~ir./!)fJ;1tltfy~ Notary Public My Commission Expires: August 31,2006 5 PREPARED BY: (!;J13 sms. ROUlIDON. mDAIIrnN & LM. P_c. a Virginia limited liability STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: <'"'> The foregoing instrument was acknowledged before me this. ~ day of ~ 2005, by Gary R. Cowand, Manager of AJUS, L.L.C., a Virginia limited liability company, Grantor'~f1IJd ~ , ~\'~'0 My Commission EXPires:lVg'l5JO~ WITNESS the following signature and seal: Grantor: AJUS, L.L.C., company ar-A Gary 6 (SEAL) PREPARED BY: IUI SYlffiS. BOURDON. . AHrnN & llVY. P.L ~.. .... r- EXHIBIT "N' Parcel One: " ~ 1 ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being !mown, numbered and designated as Parcel "F", as shown on that certain plat entitled "Subdivision of Property of W.D., Jr. and Blanche HOBBS", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 118, at Page 7. ~ ~ t ~ 1456-26-6365 ~ ~ t ~ ~ i ~ ~ i ~ ;! ~ :\' ~ Parcel Two: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Parcel "A", as shown on that certain plat entitled "Subdivision of Property of E.V. Williams Company Incorporated and Confuscius Kitchen, South Military Highway, Kempsville Borough, Virginia Beach, Virginia", dated November 7, 1978, made by Baldwin & Gregg, Ltd., Engineers- Planners-Surveyors, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, VIrginia, in Map Book 134, Page 21. Said parcel fronting 100' on the East side of Military Highway and running back between parallel lines a distance of 400' 1456-26-6494 CONDITIONALREZONING / lSTHSTGAMESDAY /PROFFER 7 - 45 - Item V-K.6. PLANNING ITEM # 54864 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council DEFERRED INDEFINITELY Ordinance upon application of KEVIN MILLER for a Conditional Use Permit re recreational facility of an outdoor nature (skateboard ramp): ORDINANCE UPON APPLICATION OF KEVIN MILLER FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY OF AN OUTDOOR NATURE (SKATEBOARD RAMP Ordinance upon Application of Kevin Miller for a Conditional Use Permit for a recreational facility of an outdoor nature (skateboard ramp) on property located at 120 Ojibwa Lane (GPIN 14772303250000). DISTRICT 2 - KEMPSVILLE 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 31, 2006 - 46- Item V-K. 7 PLANNING ITEM # 54865 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED Ordinances upon application of CITY OF VIRGINIA BEACH to AMEND 34 of the Site Plan Ordinance re Datum used to measure elevation of land and AMEND 33 6.1 and 6.3 of the Subdivision Regulations re Datum used to measure the elevation and horizontal distance of land: Ordinance to amend Section 4 of the Site Plan Ordinance pertaining to changes to the references to the datum used to measure the elevation of land AND, Ordinance to amend Section 6.1 of the Subdivision Regulation pertaining to changes to the references to the datum used to measure the elevation of land and Section 6. 3 of the Subdivision Regulation pertaining to changes to the references to the datum used to measure the horizontal distance of land. 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 31, 2006 1 AN ORDINANCE TO AMEND SECTION 4 OF THE SITE 2 PLAN ORDINANCE PERTAINING TO CHANGES TO THE 3 REFERENCES TO THE DATUM USED TO MEASURE THE 4 ELEVATION OF LAND 5 SECTION AMENDED: ~ 4, Appendix C, Site Plan Ordinance 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 4 of the City Site Plan Ordinance is hereby 9 amended and reordained, to read as follows: 10 Sec. 4. Information required on site development plan. 11 B. Existing and required site features and improvements: 12 1. Streets and easements, their names, rights-of-way status 13 (public or private), numbers and widths. Type (class) and 14 width of pavement, curbs, and sidewalks. 15 2 . All property line and property line curve data or 16 centerline and centerline curve data including radius, 17 delta angle, length of arc, chord and tangent shall be 18 shown on the site development plan. 19 3. Utilities of all types. 20 4. The topographic survey, showing the elevation of streets, 21 alleys, buildings, structures, water courses and their 22 names. The topography shall be shown by adequate spot 23 elevations. The finished grade for the entire site shall 24 be shown and the proposed lowest floor elevation of all 25 26 27 28 29 30 31 32 33 34 35 36 buildings (except for detached garages and storage areas which shall be located at or above the one-hundred-year flood elevation) shall be a minimum of one (1) foot above the elevation of (a) the flood water of record of [or] (b) the intermediate flood level as determined by the U.S. Army Corps of Engineers or (c) the flood level as determined by the department of public works, whichever is greater. All elevations shall be referenced to N.:::l.tion.:::l.l Ceodetic Vertic.:::l.I D.:::l.tum (NCVD) of 1929, 1972 .:::l.djuotment. North American Vertical Datum (NAVD) of 1988. All horizontal dimensions shown on the site development plan shall be in feet and decimals of a foot. All 37 bearings in degrees, minutes and seconds. Additionally, 38 on all residential site plans single-family, two-family, 39 duplex and townhouses, the following information must be 40 provided: 41 This Ordinance will be effective on July 1, 2006. 42 Adopted by the City Council of the City of Virginia Beach, 43 Virginia, on this 31st day of January, 2006. 2 1 AN ORDINANCE TO AMEND SECTION 6.1 OF THE 2 SUBDIVISION REGULATION PERTAINING TO CHANGES 3 TO THE REFERENCES TO THE DATUM USED TO MEASURE 4 THE ELEVATION OF LAND AND SECTION 6.3 OF THE 5 SUBDIVISION REGULATION PERTAINING TO CHANGES 6 TO THE REFERENCES TO THE DATUM USED TO MEASURE 7 THE HORIZONTAL MEASURE OF LAND 8 SECTION AMENDED: ~~ 6.1 and 6.3, Appendix B, Subdivision 9 Regulations 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 That Sections 6.1 and 6.3 of the City Zoning Ordinance is 14 hereby amended and reordained, to read as follows: 15 PLATS AND DATA 16 Sec. 6.1. Preliminary plats and data--Generally. 17 The preliminary plat shall be at a scale of not less than one 18 inch equals one hundred (100) feet and may be of one or more sheets 19 as necessary. The plat shall include or be accompanied by the 20 following: 21 22 (j) Topographic map of a suitable scale and contour interval, 23 as determined by the city engineer, where a grading and 24 drainage plan is required by the specifications of the 25 department of public works, as approved by the council of 26 the City of Virginia Beach. Vertical control shall be 27 based on N.:ltion.:ll Ceodetic Vertic.:ll D.:ltum (NCVD) of 1929, 28 1972 .:ldju8tment. North American Vertical Datum (NAVD) of 29 1988. 30 Sec. 6.3. Final plats and data. 31 The final subdivision plat shall be prepared by a certified 32 ci vil engineer or land surveyor in ink on an approved durable 33 tracing-medium at a scale of 1" = 100' unless a different scale is 34 approved by general rule for classes of cases or by the planning 35 director in a particular case. All original tracings shall be 36 presented between the following sizes: 8 1/2" X 11" and 18" X 24". 37 Lettering shall be no less than one-tenth inch or 2.54 ffiffi. in 38 height. Lettering and line weight shall be no less than .013 inches 39 or .3302 ffiffi. Letter and line spacing for control pencil drawings 40 shall be no less than .050 inches and for ink drawings no less than 41 .040 inches. When more than one sheet is required, all sheets shall 42 be numbered and of the same size, with match marks to guide 43 preparation if composite maps, and an index map on a sheet of the 44 same size as the sectional maps shall be filed, which shall show, 45 among other things, sectional map numbers, all lot and block 46 numbers, and street names. In addition, a small scale location map 47 showing the property shall be required. The final plat shall show 48 the following data, and shall be completed and processed as 49 indicated: 50 51 (f) All linear and angular dimensions for locating boundaries 52 of the subdivisions, lots, streets, alleys, public and 53 private easements. Linear dimensions shall be expressed 2 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 in feet and hundredths of a foot. Angular measurements shall be expressed by bearings. All curve data shall be expressed by a curve table on the face of the plat, each curve being tabulated and numbered to correspond with the respective numbered curves shown on its respective sheet throughout the plat. The curve data shall include the curve number, arc, delta, radius, tangent, chord and the chord bearing. Dimensions, both linear and angular, shall be determined by an accurate control survey in the field which shall be checked for closure and must balance and close within 1 to 10,000. Horizontal control shall be based on the Virginia State Plane Coordinate System, South Zone, NAD 1983/1993 (High Accuracy Reference Network) (HARN). A minimum of two (2) coordinate values must be shown on each sheet of the plat, expressed in internCl tionCll feet (one foot equCll:] 0.3048 meter:]) ~ Survey Feet. No plat showing plus or minus distance will be approved. Plan and profile sheets shall be provided on all new streets and underground utilities, as required by specifications of the department of public works or department of public utilities, as approved by the council of the City of Virginia Beach. The director of public works or director of public utilities may require 3 77 78 79 80 81 82 83 84 85 86 such office and field checks, respectively, as necessary to assure the accuracy of the plat. (z) Every final plat shall contain a note that states the following: "THE MERIDIAN SOURCE OF THIS PLAT IS BASED ON THE VIRGINIA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD 1983/1993 (HARN). COORDINATE VALUES SHOWN ARE EXPRESSED IN INTER:N.7\,TIONl',L FEET(ONE FOOT EQUl\LS 0.30~8 HETEnS)U.S. SURVEY FEET." 87 This Ordinance will be effective on July 1, 2006. 88 Adopted by the City Council of the City of Virginia Beach, 89 Virginia, on this 31st day of January, 2006. 4 - 47- Item V-L.l. APPOINTMENTS ITEM # 54866 BY CONSENSUS, City Council RESCHEDULED: BEACHES and WATERWAYS COMMISSION HEALTH SERVICES ADVISORY BOARD INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA RESORT ADVISORY COMMISSION (RAC) TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION January 31, 2006 I-- I Item V-L.2. - 48 - APPOINTMENTS ITEM # 54867 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Christopher Felton 2/01/2006 - 6/03/2009 BIKEWAYS AND TRAILS ADVISORY COMMITTEE 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 31, 2006 - 49- Item V-L.3. APPOINTMENTS ITEM # 54868 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Page Lea Representing Virginia Beach Development Authority Unexpired through 12/31/06 HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 31, 2006 - 50 - Item V-O. ADJOURNMENT ITEM # 54869 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:24 P.M. Qt~~s..---__!/_~_r~!!../ Beverly 0. Hooks, CMC Chief Deputy City Clerk ~~-- . City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia January 31, 2006