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FEBRUARY 6, 2007 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E OBERNDORF, At -Large VICEMAYOR LOUISR. JONES, Bayside - District 4 WILLIAMR. DeSTEPH, At -Large HARRY H. DIEZEL, Kempsville- District 2 ROBERT M. DYER„ Centerville - District I BARBARA M. HENLEY, Princess Anne—District? REBA S. McCLANAN, Rose Hall - District 3 JOHN E. UHRIN,Beach — District 6 RONA. VILLANUEVA, At -Large ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITYNIANAGER - JAMES K. SPORE CITYATTORNEY - LESLIEL. LILLEY CITY CLERK - R UTH HODGES FRASER, MMC I. CITY COUNCIL BRIEFING CITY COUNCIL AGENDA 6 FEBRUARY 2007 CORRECTED AGENDA - Conference Room - A. VOLUNTEER PROGRAM ANNUAL REPORT Mary Russo, Director, Office of Volunteer Services II. CITY MANAGER'S BRIEFINGS A. CONVENTION CENTER HOTEL — Unsolicited PPEA Ray Garfield, President, Garfield -Traub B. CITY/NAVY MEMORANDUM OF UNDERSTANDING (MOU) William Macali, Deputy City Attorney C. VIRGINIA AQUARIUM — Exhibit Gallery Renovation Charles Meyer, Chief Operating Officer D. BUDGET EXECUTION REPORTS Convention and Visitor Development Museums City Attorney's Office III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS P =HALL BUILDING 2401 COURTHOUSEDRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 385-4303 FAX (75 7) 385-5669 E-MAIL: Ctycncl@vbgov.com 1:00 PM V. REVIEW OF AGENDA VI. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - Council Chamber - A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Michael Lucas, Pastor Bayside Church of Christ 3:30 PM 6:00 PM 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 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARING 1. VOTING PRECINCTS - Adding and Changing Boundary Lines Hillcrest North Landing Seatack I. CONSENT AGENDA January 23, 2007 J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND and REORDAIN §10-1 of the City Code re adding two voting precincts (Hillcrest and North Landing) and moving one polling location (Seatack) 2. Ordinances to AUTHORIZE temporary encroachments into portions of the City's rights-of-way: a. MICHAEL T. and PATRICIA B. DUNHAM, to construct and maintain a retaining wall and two (2) piers at 2078 Tazewell Road (Lynnhaven Promenade) (DISTRICT 4 — BAYSIDE) b. LAPLAYA INVESTMENT ASSOCIATES, LLC, to maintain existing sidewalks, landing, steps, irrigation, and landscaping on the Boardwalk at 3209 Atlantic Avenue (33rd Street/Ocean Avenue) (DISTRICT 6 — BEACH) 3. Ordinance to AUTHORIZE the City Manager to enter into a City -State Agreement with the Virginia Department of Transportation (VDOT) re construction of Birdneck Road Phase II 4. Resolution to AUTHORIZE recertification of the Certified Crime Prevention Community Program in behalf of Virginia Beach Police Department 5. Resolution appointing Roderick R. Ingram and Rebecca D. Kubin as Deputy City Attorneys 6. Ordinances to ACCEPT and APPROPRIATE: a. $33,000 from the U.S. Department of Criminal Justice Services and TRANSFER $11,000 from the DEA Seized Property Special Revenue Fund to the Police Department's budget re purchase of an Infrared Camera System, Video Enhancement System and Photo -Quality Printers for the Forensic Services Unit b. $25,000 from the Albermarle Pamlico National Estuarine Program to the Planning Department's budget re restoration of Riparian Buffers at Red Mill Elementary School $175,000 from the Virginia Department of Conservation and Recreation for a series of water quality enhancement projects located in the Back Bay, Little Creek; Elizabeth, Lynnhaven and North Landing Rivers Watersheds K. APPOINTMENTS COMMUNITY SERVICES BOARD — CSB HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA OPEN SPACE ADVISORY COMMITTEE L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT PUBLIC COMMENTS Non -Agenda Items TOWN HALL MEETINGS April 17 Location To Be Announced — 7:15 pm September 18 Location To Be Announced — 7:15 pm November 20 Location To Be Announced — 7:15 pm CITY COUNCIL BIENNIAL RESOURCE MANAGEMENT WORKSHOP SCHEDULE April 10 (Workshop) April 17 (Workshop) April 19 (Public Hearing) April 24 (Workshop) April 24 (Public Hearing) May 1 (Workshop) May 8 (Reconciliation Workshop) May 15 (Adoption) Agenda2/6/07/st www.vbgov.coni Council Conference Room Council Conference Room Bayside High School at 6:00 p.m. Council Conference Room Council Chamber at 6:00 p.m. Council Conference Room Council Conference Room Council Chamber at 6:00 p.m. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) I. CITY COUNCIL BRIEFING - Conference Room - 1:00 PM A. CITY/NAVY MEMORANDUM OF UNDERSTANDING (MOU) William Macali, Deputy City Attorney II. CITY MANAGER'S BRIEFINGS A. CONVENTION CENTER HOTEL — Unsolicited PPEA Ray Garfield, President, Garfield -Traub B. VOLUNTEER PROGRAM ANNUAL REPORT Mary Russo, Director, Office of Volunteer Services C. VIRGINIA AQUARIUM— Exhibit Gallery Renovation Charles Meyer, Chief Operating Officer D. BUDGET EXECUTION REPORTS Convention and Visitor Development Museums City Attorney's Office III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. REVIEW OF AGENDA VI. INFORMAL SESSION - Conference Room - 3:30 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION Mf CF OUR N�S��Na� arsalittI460tt CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. 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. VII. FORMAL SESSION - Council Chamber - 6:00 PM A C 0 E. F. G. CALL TO ORDER — Mayor Meyera E. Oberndorf INVOCATION: Reverend Michael Lucas, Pastor Bayside Church of Christ PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ELECTRONIC ROLL CALL OF CITY COUNCIL CERTIFICATION OF CLOSED SESSION MINUTES 1. INFORMAL AND FORMAL SESSIONS January 23, 2007 AGENDA FOR FORMAL SESSION H. PUBLIC HEARING 1. VOTING PRECINCTS - Adding and Changing Boundary Lines Hillcrest North Landing Seatack Ad ID16472885 Date 01/25/2007 Time 4:44 PM PUBLIC HEARING ADDING NEW VOTING PRECINCTS CHANGING POLLING LOCATIONS AND BOUNDARY LINES RESULTING FROM POPULATION INCREASES CITY OF VIRGINIA BEACH The City Council of Virginia Beach. Virginia at its for- mal session on February 6, 2007, at 6:00 P.M., will consider an ordinance to make changes to the boundary lines and/or polling locations for the Seatack, Glenwood and Courthouse Precincts. The ordinance proposes that the Seatack Precinct poll- ing place be moved from Seatack Community Recre- ation Center at 141 S. Birdneck Road to Mt. Olive Bap- tist Church at 310 N. Birdneck Road; the Glenwood Precinct be divided forming a new Hillcrest Precinct and placing voters in the new polling location at Victory Bap- tist Church at 4125 Indian River Road; the Courthouse Precinct be divided forming a new North Landing Pre- cinct and placing voters in the new polling location at Union Mission Ministries, Hope Haven at 3000 North Landing Road. After adoption by City Council, these changes will become effective following approval by the United States Department of Justice, pursuant to the Voting Rights Act of 1965, as amended. Descriptions and maps of the precinct boundaries and polling place changes, as well as a copy of the aforesaid ordinance, may be inspected in the Voter Registrar's Office, which is located at 2449 Princess Anne Road, Municipal Center, Building 14, Vir- ginia Beach, Virginia, 23456. The Public Hearing will be conducted in the City Coun- cil Chamber of the Administration Building (Building #1) at the Municipal Center. If you are physically disabled and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. Ruth Hodges Fraser, MMC City Clerk VP Jan. 28, 2007 16472885 Ad shown is not actual print size J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND and REORDAIN §10-1 of the City Code re adding two voting precincts (Hillcrest and North Landing) and moving one polling location (Seatack) 2. Ordinances to AUTHORIZE temporary encroachments into portions of the City's rights-of-way: a. MICHAEL T. and PATRICIA B. DUNHAM, to construct and maintain a retaining wall and two (2) piers at 2078 Tazewell Road (Lynnhaven Promenade) (DISTRICT 4 — BAYSIDE) b. LAPLAYA INVESTMENT ASSOCIATES, LLC, to maintain existing sidewalks, landing, steps, irrigation, and landscaping on the Boardwalk at 3209 Atlantic Avenue (33rd Street/Ocean Avenue) (DISTRICT 6 — BEACH) 3. Ordinance to AUTHORIZE the City Manager to enter into a City -State Agreement with the Virginia Department of Transportation (VDOT) re construction of Birdneck Road Phase II 4. Resolution to AUTHORIZE recertification of the Certified Crime Prevention Community Program in behalf of Virginia Beach Police Department 5. Resolution appointing Roderick R. Ingram and Rebecca D. Kubin as Deputy City Attorneys 6. Ordinances to ACCEPT and APPROPRIATE: a. $33,000 from the U.S. Department of Criminal Justice Services and TRANSFER $11,000 from the DEA Seized Property Special Revenue Fund to the Police Department's budget re purchase of an Infrared Camera System, Video Enhancement System and Photo -Quality Printers for the Forensic Services Unit b. $25,000 from the Albermarle Pamlico National Estuarine Program to the Planning Department's budget re restoration of Riparian Buffers at Red Mill Elementary School c. $175,000 from the Virginia Department of Conservation and Recreation for a series of water quality enhancement projects located in the Back Bay, Little Creek, Elizabeth, Lynnhaven and North Landing Rivers Watersheds CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend and Reordain Section 10-1 of the City Code by Adding Two Precincts and Moving One Polling Location MEETING DATE: February 6, 2007 ■ Background: The Virginia Beach Electoral Board voted on November 29, 2006 and January 16, 2007 to create two new precincts and move one polling location. Growth and development in the City along with DMV voter registration opportunities have increased the size of the Glenwood and Courthouse Precincts near the precinct limit set by law and they necessarily need to be split. As a result, Hillcrest and North Landing Precincts will be created. The necessary location change to the Seatack Precinct was at the request of the Seatack Recreation Center. ■ Considerations: All of the locations in this list do meet requirements of the Americans with Disabilities Act. These changes will become effective upon approval by the U.S. Department of Justice pursuant to the Voting Rights Act of 1965, as amended beginning with the tentative June 12, 2007 Party Primary Election. ■ Public Information: As required by Section 24.2-306 of the Code of Virginia notice of this proposed change was published in the newspaper once a week for two consecutive weeks. All voters in the precinct will receive new voter cards with the name and address of the new polling location. An advertisement will be placed in the newspaper prior to the tentative Party Primary Election to be held June 12, 2007 and/or General Election to be held on November 6, 2007. ■ Alternatives: None ■ Recommendations: Adopt the proposed change. ■ Attachments: Maps and summaries depicting these changes are attached. Recommended Action: Submitting Department/Agency: Edith M. "Pat" Harrington, Voter Registra City Manage;: er: �( . 1 AN ORDINANCE TO AMEND AND REORDAIN THE CITY 2 CODE BY ADDING TWO PRECINCTS AND MOVING ONE 3 POLLING LOCATION 4 5 SECTION AMENDED: § 10-1 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 10-1 of the City Code is hereby amended and 11 reordained, to read as follows: 12 Sec. 10-1. Establishment of precincts and polling places. 13 There are hereby established in the city the following 14 precincts and their respective polling places, as set forth below: 15 Precinct Polling Place 16 Alanton Alanton Elementary School 17 Aragona Kemps Landing Magnet School 18 Arrowhead Arrowhead Elementary School 19 Avalon Avalon Church of Christ 20 Baker Ebenezer Baptist Church 21 Bayside Bayside Elementary School 22 Bellamy Salem Middle School 23 Blackwater Blackwater Fire Station 24 Bonney Center for Effective Learning 25 Brandon Brandon Middle School 26 Brookwood Bow Creek Recreation Center 27 Buckner Holy Spirit Catholic Church 28 Cape Henry Research and Enlightenment Building 29 (Edgar Cayce Library) 1 30 Capps Shop Back Bay Christian Assembly Centerville Centerville Elementary School 31 32 Chesapeake Beach Bayside Baptist Church 33 College Park College Park Elementary School 34 Colonial Colonial Baptist Church Colony Lynnhaven Colony Congregational 35 Church 36 37 Corporate Landing Corporate Landing Middle School 38 Courthouse Courthouse Fire Station 39 Creeds Creeds Fire Station 40 Cromwell Salem United Methodist Church 41 Culver Ocean Lakes High School 42 Dahlia Green Run High School 43 Davis Corner Bettie F. Williams Elementary School 44 Eastern Shore Eastern Shore Chapel 45 Edinburgh St. Aidan's Episcopal Church 46 Edwin Kempsville Recreation Center 47 Fairfield Kempsville Presbyterian Church 48 Foxfire Princess Anne Middle School 49 Glenwood Glenwood Elementary School 50 Great Neck All Saints Episcopal Church 51 Green Run Green Run Elementary School 52 Haygood Haygood United Methodist Church 53 Hillcrest Precinct Victory Baptisthurch 54 Holland Holland Elementary School 2 55 Homestead Providence Presbyterian Church 56 Hunt Princess Anne Recreation Center 57 Indian Lakes Indian Lakes Elementary School 58 Kings Grant St. Nicholas Catholic Church 59 Kingston King's Grant Presbyterian Church 60 Lake Smith Bayside Church of Christ 61 Landstown Landstown Community Church 62 Larkspur St. Andrews United Methodist Church 63 Linkhorn Virginia Beach Community Chapel 64 London Bridge London Bridge Baptist Church 65 Lynnhaven Grace Bible Church 66 Magic Hollow Roma Lodge No. 254 67 Malibu Malibu Elementary School 68 Manor Providence Elementary School 69 Mt. Trashmore Windsor Woods Elementary School 70 North Beach Galilee Episcopal Church 71 North Landing Hope Haven 72 Ocean Lakes Ocean Lakes Elementary School 73 Ocean Park Bayside Community Recreation Center 74 Oceana Scott Memorial United Methodist 75 Church 76 Old Donation Old Donation Center for Gifted 77 Pembroke Pembroke Elementary School 78 Plaza Lynnhaven Elementary School 79 Pleasant Hall Kempsville Baptist Church Pleasant 80 Hall Annex 3 81 Point O'View Kempsville Church of Christ 82 Red Wing Fraternal Order of Police, Lodge #8 83 Reon Woodstock Elementary School 84 Rock Lake Salem Elementary School 85 Rosemont Forest Rosemont Forest Elementary School 86 Roundhill Salem High School 87 Rudee Virginia Beach Volunteer Rescue Squad Building 88 89 Seatack }1 l u Mount Olive Baptist Church 90 91 Shannon Church of the Ascension 92 Shelburne Christopher Farms Elementary School 93 Shell Unity Church of Tidewater 94 Shelton Park Shelton Park Elementary 95 Sherry Park St. Matthews Catholic Church 96 Sigma Red Mill Elementary School 97 South Beach Contemporary Art Center of Virginia 98 Stratford Chase Community United Methodist Church 99 Strawbridge Strawbridge Elementary School 100 Tallwood Tallwood Elementary School 101 Thalia Thalia Elementary School 102 Thoroughgood Independence Middle School 103 Timberlake White Oaks Elementary School 104 Trantwood Virginia Beach Christian Church 105 Upton Three Oaks Elementary School 4 106 Village Thalia Lynn Baptist Church 107 Windsor Oaks Windsor Oaks Elementary School 108 Witchduck Bayside Presbyterian Church 109 Wolfsnare Virginia Beach Christian Life Center 110 Central Absentee Agriculture/Voter Registrar Building ill Voter Precinct 112 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF 113 VIRGINIA BEACH, VIRGINIA: 114 115 That the boundaries of the Glenwood and Hillcrest Precincts 116 shall be as set forth in the attached map labeled, "Map B Glenwood 117 Precinct Split: New Precinct Name - Hillcrest Victory Baptist 118 Church;" and the boundaries of the Courthouse and North Landing 119 Precincts shall be as set forth in the attached map labeled, "Map C 120 Courthouse Precinct Split: New Precinct Name - North Landing Hope 121 Haven." Both maps have been exhibited to City Council and are on 122 file in the Voter Registrar's Office. 123 Adopted by the City Council of the City of Virginia Beach, 124 Virginia, on this day of , 2007. APPROVED AS TO CONTENTS: Voter Registrar J APPROVED AS TO LEGAL SUFFICIENCY: City Attorneys ffice CA10262 V:\applications\citylawprod\cycom32\Wpdocs\D026\P001\00027025.DOC R-1 January 26, 2007 5 SUMMARY ATTACHMENT: Map A — Seatack Precinct The Seatack Precinct polling location currently located at Seatack Community Recreation Center will be moved to Mount Olive Baptist Church located at 310 N. Birdneck Road. This move is at the request of the current polling location. Map B — Glenwood Precinct The Glenwood Precinct must be divided due to increased number of registered voters. An additional polling location at Victory Baptist Church located at 4125 Indian River Road has been secured for the new Hillcrest Precinct and precinct lines will be adjusted accordingly. Map C — Courthouse Precinct The Courthouse Precinct must be divided due to increased number of registered voters. An additional polling location at Hope Haven located at 3000 North Landing Road has been secured for the new North Landing Precinct and precinct lines will be adjusted accordingly. Map A Seatack Precinct: Polling Location Change Mount Olive Baptist Church - —� I.Ow-m- AW r IZI. I Moved' To: Mount Olive Baptist Church SEUNS CrIS 71 Is: CT MMoved From�: SSeatack Community Recreation Center % ET to V j Fraternal Order OU eF ,a Glenwood 0058 Map 8 Glenwood Precinct Split: New Precinct Name - Hillcrest jfl Victory Baptist Church �Y C YA LA I tsl* weed Ire at-IA ffiaPs t ChUrch'J- 49 ctor'Y" i Hillcrest /I 0087 �I�OCLIFV Cf owl All North Landing icinct Boundary cation Map C Courthouse Precinct Split: New Precinct Name North Landing Landsto Hope Haven 116,0062 mum 0066 - ---- - - ----- Hope Ha CO rthouse 0035 ` F =s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City right- of-way known as Lynnhaven Promenade (a paper street) located at the rear of 2078 Tazewell Road by Michael T. Dunham and Patricia B. Dunham. MEETING DATE: February 6, 2007 ■ Background: Michael T. Dunham and Patricia B. Dunham have requested permission to construct and maintain a retaining wall and two (2) piers in a portion of the City's right of way known as Lynnhaven Promenade (a paper street), located at the rear of 2078 Tazewell Road, Virginia Beach, Virginia. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. Several adjacent property owners have similar encroachments and permits approved by the City of Virginia Beach. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Plat, Pictures and Location Map. Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate<acc3t �y / 7O City Manager: 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE TEMPORARY 4 ENCROACHMENTS INTO A PORTION OF CITY 5 RIGHT OF WAY KNOWN AS LYNNHAVEN 6 PROMENADE (A PAPER STREET) LOCATED AT 7 THE REAR OF 2078 TAZEWELL ROAD BY 8 MICHAEL T. DUNHAM AND PATRICIA B. 9 DUNHAM 10 11 WHEREAS, Michael T. Dunham and Patricia B. Dunham desire to 12 construct and maintain a retaining wall and two (2) piers within a 13 portion of the City's right of way known as Lynnhaven Promenade (a 14 paper street). 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 16 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize 17 temporary encroachments upon the City's right of way subject to 18 such terms and conditions as Council may prescribe. 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 That pursuant to the authority and to the extent thereof 22 contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as 23 amended, Michael T. Dunham and Patricia B. Dunham, their heirs, 24 assigns and successors in title are authorized to construct and 25 maintain temporary encroachments for a retaining wall and two (2) 26 piers in a portion of the City's right of way as shown on the three 27 (3) maps marked Exhibit "A" and entitled: "PROPOSED ENCROACHMENTS 28 FOR PIERS & RETAINING WALL FOR MIKE DUNHAM," a copy of which is on 29 file in the Department of Public Works and to which reference is 30 made for a more particular description; and 31 BE IT FURTHER ORDAINED, that the temporary encroachments are 32 expressly subject to those terms, conditions and criteria contained 33 in the Agreement between the City of Virginia Beach and Michael T. 34 Dunham and Patricia B. Dunham (the "Agreement"), which is attached 35 hereto and incorporated by reference; and 36 BE IT FURTHER ORDAINED, that the City Manager or his 37 authorized designee is hereby authorized to execute the Agreement; 38 and 39 BE IT FURTHER ORDAINED, that this Ordinance shall not be in 40 effect until such time as Michael T. Dunham and Patricia B. Dunham 41 and the City Manager or his authorized designee execute the 42 Agreement. 43 Adopted by the Council of the City of Virginia Beach, 44 Virginia, on the day of I 2008. CA -10168 R-1 PREPARED: 10/24/06 APPROVED AS TO CONTENTS XIL.�/ C,t h^ *LIC WORKS, REAL ESTATE APPROVED AS TO LEG $iCIENCYPA6 FO CITY x:IOIDfREAL ESTATEtEncroachmentslPW OrdinanceslCA10168 Dunham Ordinance Revised by NLF.doc v�lapplicationslcit*lawprodlcycom321WpdocslD0031P001100025863.DOC PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this day of December, 2006, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and MICHAEL T. DUNHAM and PATRICIA B. DUNHAM, and THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "# 2078" as shown on that certain plat entitled, "EXHIBIT `B" PLAT OF CRAB CREEK CONDOMINIUM" dated January 28, 1987 and said plat is recorded in the Clerk's Office of the Circuit Court in the City of Virginia Beach, Virginia in Map Book 2633 at Page 0416, and being further designated, known, and described as 2078 Tazewell Road, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to construct and maintain a retaining wall and two (2) piers, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right of way known as Lynnhaven Promenade (a paper street), the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. LYNNHAVEN PROMENADE (A PAPER STREET) (CITY RIGHT OF WAY - NO GPIN REQUIRED) GPIN (1489-58-6234-7270) NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "PROPOSED ENCROACHMENTS FOR PIERS & RETAINING WALL FOR MIKE DUNHAM," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses 2 and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. 3 It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Michael T. Dunham and Patricia B. Dunham, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (SEAL) ATTEST: City Clerk 11 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager /;J Michael T. Dunham Aa4xi", Patricia B. Dunham STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 200_, by DESIGNEE OF THE CITY MANAGER. My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: BEACH. CITY MANAGER/AUTHORIZED Notary Public The foregoing instrument was acknowledged before me this day of 200_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA My Commission Expires: 5 Notary Public STATE OF CITY/COUNTY OF �',7r-t to -wit: The foregoing instrument was acknowledged before me this J day of 200 , by Michael T. Dunham. GCS c. Notary u ' c NJiy Commission Expires: t- ]31-aC; (C,, STATE OF U-:1 C . CITY/COUNTY OF ' .�' .� ` to -wit: The foregoing instrument was acknowledged before me this day of 200, by Patricia B. My Colm-nission Expires: 0 1-- ::� Q( APPROVED AS TO CONTENTS mj% C. A,, GNATURE pw 60 DEPARTMENT APPROVED AS TO LEGAL SIJVFICIENCYg AND FO G:\USERS\SHARED\WP80\RE\Rea1 Estate Forms\WORD DOCS\ENCROACHMENTS\ENCROACHMENT.AGREEMENT.doc I Exhibit A I 3—STORY FRAME I I I I APO MR. FISHER 2076 TAZEWELL RD VA BEACH, 2078 BEACH. VA A 234 3455 I I VA BEACH, VA 23455 ( INTICATES PHOTO NO. & DIRECTION I_ R=1416.21 L=54.77' TAZEWELL ROAD GRAPHIC SCALE 10' 0 25' SITE PLAN 1" = 25' SCALE: 1'=25' PROPOSED, ENCROACHMENTS FOR PIERS & RETAINING WALL PROJECT LOCATION: FOR MIKE DUNHAM 2078 TAZEWELL RD VA BEACH, VA 23455 MLW=0.0' DATE: 09/12/06 SHEET 1 OF 3 N TO CITY OF VA BEACH X W o w LYNNHAVEN BOAT & 3 z CRAB CREEK BEACH FACILITYtn v 7 EDGE OF CHANNELL co (n cc ¢3 Of PROPOSED PIERS PROPOSED RETAINING WALL �a n I_ MLW zo I _ ADJACENT EXIST. PIER LYNN IGEN PROMENADE R=586 36 I L=50.00' _ _ — (A PAPER STREET) L DECK I EXIST.I BULKHEAD PROPERTY LINE I h M I I I m � rn o I v I o W I I Ti � co IJ Q I O I o I z 10 go APO N Iv tn MR. CARR I 2080 TAZEWELL RD I VA BEACH VA 23455 I 3—STORY FRAME I I I I APO MR. FISHER 2076 TAZEWELL RD VA BEACH, 2078 BEACH. VA A 234 3455 I I VA BEACH, VA 23455 ( INTICATES PHOTO NO. & DIRECTION I_ R=1416.21 L=54.77' TAZEWELL ROAD GRAPHIC SCALE 10' 0 25' SITE PLAN 1" = 25' SCALE: 1'=25' PROPOSED, ENCROACHMENTS FOR PIERS & RETAINING WALL PROJECT LOCATION: FOR MIKE DUNHAM 2078 TAZEWELL RD VA BEACH, VA 23455 MLW=0.0' DATE: 09/12/06 SHEET 1 OF 3 1' FROM PROPERTY UNE Lu,.jE OF VEGETATED W WETLANDS Co y _ XED PIER w a w 0 I �. O I W 1 '• Z 1 V ACCESS I I N L 1 I 0 a W . y0 25' VINYL WALL. y XED PIER ( I W W 1 I 5'-------� I W TO EDGE OF CHANNEL A _ _ I +I VEGETATED WETLANDS TO AGENT PIER I n ` PLAN -PROPOSED PIERS SCALE: 3/32"=1' NOTES: 1 • WOOD (PILING do j O BE 2"X6' DECKING. NAIL TREATED (2.25 PCF, CCA DECKING (0.4PC F) 0 EACH JOIST W/2 -16d NAILS 1/4" 2. ALL HARDWARE TO BE HOT DIP OPEN JOINTS GALVANIZED. 3. SEED ALL DISTURBED GROUND SURFACES. MODIFY DECK FOR2"X8" JOISTS 02' PIER ACCESS O 4. INSTALL 36" HIGH SILT FENCE SEAWARD OF .C., TYP., TOE NAIL ALL DISTURBED AREAS AT CONCLUSION OF TO EACH STRINGER EACH WORK DAY. EMBED 4' HORIZONTALLY — EL -7.7' AND 4" VERTICALLY AND PROPERLY MAINTAIN. " DIAM. THRU BOLT 4X4" PILES1 EXIST. B'HEAD 22' FROM i PROPOSED RETAINING WALL, GRAPHIC SCALE 0 10' 20' ®I 3/32" =1'-0" 1. MR. CARR 2080 TAZEWELL RD VA BEACH, VA 23455 2. MR. FISHER 2076 TAZEWELL RD VA BEACH, VA 23455 STRINGERS W OGEE Jc PLATE WASHERS. TYP. ---� — — — — MHW-2.50' --- ------MLW=0.0' MLW 8" PILES 0 8' O.C. A SECTION `2 SCALE: 3/32"=1' :i€ S. s� F#�f an IAV F)ui•1 f'ta iY�o L�� 1299 �:• MLW=0.0' i. I EL —9.0't BOTTOM VB06-1 17 NW REV.: 8/25/06 PROJECT LOCATION: 2078 TAZEWELL VA BEACH, VA 23455 APPLICANT/AGENT: MIKE DUNHAM 2078 TAZEWELL VA BEACH, VA 23455 DATE 3/30/06 SHEET 2 OF 3 PROPOSED RETAINING WALL SECTION SCALE: 1/2"= 1 ' 1. MR. CARR 2080 TAZEWELL RD VA BEACH, VA 23455 2. MR. FISHER 2076 TAZEWELL RD VA BEACH, VA 23455 �I �.' 1.). N 0, ;D. 12298` , v r� MLW=0.0' S��OIL�A REV.: 8/25/06 GRAPHIC SCALE 0 1• 2' I opmrn 1/2' PROJECT LOCATION: 2078 TAZEWELL VA BEACH, VA 23455 APPLICANT/AGENT: MIKE DUNHAM 2078 TAZEWELL VA BEACH, VA 23455 DATE_ SHEET 3 OF 3 NOTES: w 1. CONSTRUCT RETAINING WALL 0- PROPOSED PIER, BEFORE DREDGING IN ORDER TO L PREVENT EXIST.. WALL FAILURE O O AND COLLAPSE OF WETLANDS. O 2. ALL WOOD TO BE TREATED t- a (2.25 PCF, CCA), 0mo . 2. ALL HARDWARE TO BE HOT DIP GALVANIZED. in o TOP OF PROPOSED z DO NOT DISTURB EXIST. RETAINING WALL TO BE 3' ABOVE EXIST. WETLANDS GROUND —3----- ------ — -----MHW=2.5'. 2"X10" WALER EXIST. BOTTOM DIAM. THRU BOLT W/ OGEE & PLATE WASHERS, TYP. EXISTING WALL PROPOSED 8' DLAM.--�A WOOD PILES ® .5-4" O.C., PROPOSED VINYL SHEETING, SHOREGUARD SG225 AS MANUFACTURED BY CRANE MATERIALS INTERNATIONAL OR EQUAL: 6' PROPOSED RETAINING WALL SECTION SCALE: 1/2"= 1 ' 1. MR. CARR 2080 TAZEWELL RD VA BEACH, VA 23455 2. MR. FISHER 2076 TAZEWELL RD VA BEACH, VA 23455 �I �.' 1.). N 0, ;D. 12298` , v r� MLW=0.0' S��OIL�A REV.: 8/25/06 GRAPHIC SCALE 0 1• 2' I opmrn 1/2' PROJECT LOCATION: 2078 TAZEWELL VA BEACH, VA 23455 APPLICANT/AGENT: MIKE DUNHAM 2078 TAZEWELL VA BEACH, VA 23455 DATE_ SHEET 3 OF 3 N � � 3 CL 0 CL.rn 0 O N m CL 70 c' ° CD -� U E DN E Q O O O N .�-0 O >, � � Q U J O CD O m c 0 N m a N O N L Q m O If L U .Q N 0- 0 L CL a) U ct5 Q c O a� O ca U .Q a L 'a L Q CD ca CHESAPEAKE SITE BAY PIEDMONT Cl 1, tf 1 LOCATION MAP ' I ENCROACHMENT REQUEST FOR: j MICHAEL T. DUNHAM AND PATRICIA B. DUNHAM i I 2078 TAZEWELL ROAD, VIRGINIA BEACH, VA. GPIN 1489-68-6234-7270 SCALE: 1" =100' 1 n m -6234-7270 4 7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City rights-of-way known as 33`d Street and Ocean Avenue (the Boardwalk) located adjacent to 3209 Atlantic Avenue, by La Playa Investment Associates, L.L.C., a Virginia limited liability company MEETING DATE: February 6, 2007 ■ Background: Thomas J. Lyons, Managing Member for La Playa Investment Associates, L.L.C., a Virginia limited liability company, has requested permission to maintain existing sidewalks, landing, steps, irrigation, and landscaping encroaching upon City rights-of-way known as 33`d Street and Ocean Avenue (the Boardwalk) located adjacent to 3209 Atlantic Avenue. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments that have been approved along Ocean Avenue and the streets leading to Ocean Avenue. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachment as presented, deny the encroachment, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Location Map, Agreement, Exhibit "A" and Pictures. Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate City Manage . � -7�!8cot 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF RIGHTS-OF-WAY 6 KNOWN AS 33RD STREET AND OCEAN 7 AVENUE (THE BOARDWALK) 8 LOCATED ADJACENT TO 3209 9 ATLANTIC AVENUE BY LA PLAYA 10 INVESTMENT ASSOCIATES, 11 L.L.C., A VIRGINIA LIMITED 12 LIABILITY COMPANY 13 14 WHEREAS, La Playa Investment Associates, L.L.C., a Virginia 15 limited liability company, desires to maintain existing 16 sidewalks, landing, steps, irrigation, and landscaping into a 17 portion of existing City rights-of-way known as 33rd Street and 18 Ocean Avenue (the Boardwalk) located adjacent to 3209 Atlantic 19 Avenue. 20 WHEREAS, City Council is authorized pursuant to §§ 15.2- 21 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 22 authorize temporary encroachments into a portion of existing 23 City rights-of-way subject to such terms and conditions as 24 Council may prescribe. 25 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 That pursuant to the authority and to the extent thereof 28 contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, 29 as amended, La Playa Investment Associates, L.L.C., a Virginia 30 limited liability company, its assigns and successors in title 31 are authorized to maintain temporary encroachments for existing 32 sidewalks, landing, steps, irrigation, and landscaping into a 33 portion of existing City rights-of-way known as 33rd Street and 34 Ocean Avenue (the Boardwalk) as shown on those 3 exhibit maps 35 marked Exhibit "A" and entitled: "ENCROACHMENT EXHIBIT FOR LA 36 PLAYA INVESTMENT RESIDENCE INN 33RD & ATLANTIC," a copy of which 37 is on file in the Department of Public Works and to which 38 reference is made for a more particular description; and 39 BE IT FURTHER ORDAINED, that the temporary encroachments 40 are expressly subject to those terms, conditions and criteria 41 contained in the Agreement between the City of Virginia Beach 42 and La Playa Investment Associates, L.L.C., a Virginia limited 43 liability company, (the "Agreement"), which is attached hereto 44 and incorporated by reference; and 45 BE IT FURTHER ORDAINED, that the City Manager or his 46 authorized designee is hereby authorized to execute the 47 Agreement; and 48 BE IT FURTHER ORDAINED, that this Ordinance shall not be in 49 effect until such time as La Playa Investment Associates, 50 L.L.C., a Virginia limited liability company, and the City 51 Manager or his authorized designee execute the Agreement. 52 53 Virginia, Adopted by the Council of the City of Virginia Beach, on the day of CA -10169 X:\OID\REAL ESTATE\Encroachments\PW Ordinances\CA10169 La Playa Ordinance.doc V:\applications\citylawprod\cycom32\Wpdocs\D018\Pool\00026550.DOC R-1 PREPARED: 11/15/2006 APPROVED AS TO CONTENTS A �� PUBLIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY AT ORNEY 2007. PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this _ day of `� , 2007, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and LA PLAYA INVESTMENT ASSOCIATES, L.L.C., a Virginia limited liability company, and ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lots Six (6), Five (5), and the Northern 25' of Lot Four (4) in Block Seventy -Seven (77), as shown on that certain plat entitled: "Property of Virginia Beach Development Co., Virginia Beach VA. North of 25th St.", and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 3, at Pages 176 and 177, and being further designated, known, and described as 3209 Atlantic Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain existing sidewalks, landing, steps, irrigation, and landscaping collectively, the "Temporary Encroachment", in the City of Virginia Beach; GPIN: 2428-02-6802-0000 WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of existing City rights-of-way known as 33`d Street and Ocean Avenue (the Boardwalk), the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on those certain plats entitled: "ENCROACHMENT EXHIBIT FOR LA PLAYA INVESTMENT RESIDENCE INN 33RD & ATLANTIC". Said exhibits are dated "REVISED 10/30/06" and consist of three (3) pages, copies of which are attached hereto collectively as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 0) It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that prior to issuance of a right of way/utility easement permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Office of Planning Department to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured M or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said La Playa Investment Associates, L.L.C., a Virginia limited liability company, has caused this agreement to be executed on its behalf by Thomas J. Lyons, Jr., Managing Member of La Playa Investment Associates, L.L.C., a Virginia limited liability company, with due authority to bind said limited liability company. Further, that 0 the City of Virginia Beach has caused this agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS LEFT INTENTIONALLY BLAND (SEAL) ATTEST: City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: CITY OF VIRGINIA BEACH B City Manager/Authorized Designee of the City Manager LA PLAYA INVESTMENT ASSOCIATES, L.L.C., a Virginia Limited liability company By Thomas J. Yyons, Jr., Managing Member The foregoing instrument was acknowledged before me this day of 2007, by DESIGNEE OF THE CITY MANAGER. My Commission Expires: 0 CITY MANAGER/AUTHORIZED Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 2007, by RUTH HODGES FRASER, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF� CITY/CO TY OFA)tea ca Gl , to -wit: The foregoing instrument was acknowledged before me this 0- day of (]�� 2007, by Thomas J. Lyons, Jr., Managing Member on behalf of La Playa Investment Associates, L.L.C., a Virginia limited liability company. My Commission Expires: ouu_<_t_� APPROVED AS TO CONTENTS CA(1o_)(�tt17 - C ) SIGNATURE { R DEPARTMENT Notary Public APPROVED AS TO LEGAL SUFFICIENCY AND FORM u G:\USERS\SHARED\WP80\RE\Rea1 Estate Forms\WORD DOCS\ENCROACHMENTS\ENCROACHMENTAGREEMENT.doc 7 33rd STREET 60' R/W II MB3,P177 / EXISTING SIDEWALK ENCROACHMENT (25.0 SQ. FT.) PROPOSED IMPROVEMENTS UNDER CONSTRUCTION VIAGPIN:2428-02-6802 GRAPHIC SCALE 10 0 5 10 20 40 FEET ® 1 INCH = 20 FEET PROPERTY LINE ElH .. •U CITY 5.50 FLAG POLE EXISTING SIDEWA ENCROACHMENT (399.2 SQ. FT.) �::' EX TVPED EX CATV 0 ]-::::.. 38.0' m EX W1 EX DI R11" I 12.4 INV 8.32 ® -#, E> CITY LIGHT POLE EX DI ® RII'l 12.21 INV 8.92 W EX BIKE J PATH Q 7 L � Qof Q cc W o 0 Exhibit ELLAM ENCROACHMENT EXHIBIT o - FOR ERWITZ ENGINEERING - SURVEYING - PLANNING !.%� PLAYA I N 0� E ST6 7 �/� ' E N J_ 500 CENTRAL DRIVE - SUITE 113 - VIRGINIA BEACH, VA 23454 RESIDENCE INN (757) 340-0828 - FAX (757) 340-1603 33RD & ATLANTIC SHEET 1 OF 3 KG# V04045 REVISED 10/30/06 ® 6" - 12" FIXED SPRAY BEDS (TYP.) O 4" FIXED SPRAY TURF (TYP.) 1 , .,.,,..1.,.,, ,T.,-. 1-1 GRAPHIC SCALE 15 0 15 30 60 FEET 1 INCH = 30 FEET 33rd STREET 60' R/W N MB3.P177 A ENCROACHMENT EXHIBIT FOR LA PLAYA INVESTMENT RESIDENCE INN 33RD & ATLANTIC Em W la CE ,TF ELLAM o .. ERWITZ ENGINEERING - SURVEYING - PLANNING 500 CENTRAL DRIVE - SUITE 113 - VIRGINIA BEACH, VA 23454 (757) 340-0828 - FAX (757) 340-1603 SHEET 2 OF 3 KG,# V04045 REVISED 10/30/06 GRAPHIC SCALE 15 0 15 30 60 FEET 1 INCH = 30 FEET 33rd STREET 60' RAW � EXISTING LANDSCAPING MB 3, P 177 / ENCROACHMENT n G ENT IN ENCROACHMENT EXHIBIT FOR LA PLAYA INVESTMENT RESIDENCE INN 33RD & ATLANTIC 500 CENTRAL DRIVE - SUITE 113 - VIRGINIA BEACH, VA 23454 (757) 340-0828 - FAX (757) 340-1603 SHEET 3 OF 3 KG,# V04045 REVISED 10/30/06 R c�i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Birdneck Road, Phase II, (CIP 2-149, 5-008 & 6-069), VDOT# U000 -134- V27, PE -101, RW -201, C-501 (UPC 11754) MEETING DATE: February 6, 2007 ■ Background: The widening of Birdneck Road, Phase II to four lanes with a bikepath is a Virginia Department of Transportation (VDOT) highway improvement project. The limits of construction are from General Booth Boulevard intersection to Norfolk Avenue/Southern Boulevard intersection, a distance of approximately 2.5 miles. This project first appeared in the 1989/93 CIP. Funding for design became available in fiscal year 1991/92. City Council approved a programming resolution on September 3, 1991 requesting that VDOT administer a project for the design and construction of the Birdneck Road project. On June 4, 1996, City Council approved the "LOCATION AND DESIGN PUBLIC HEARING APPROVAL RESOLUTION", "AN ORDINANCE TO ESTABLISH THE BIRDNECK ROAD RIGHT-OF-WAY BETWEEN GENERAL BOOTH BOULEVARD AND NORFOLK AVENUE/SOUTHERN BOULEVARD AS AN UNDERGROUND UTILITY COORIDOR" and "AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT-OF-WAY FOR BIRDNECK ROAD, PHASE II (CIP 2-149) AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS, EITHER BY AGREEMENT OR CONDEMNATION". ■ Considerations: Bids for the construction were opened on November 22, 2006, and the low bid of $27,940,872.65 submitted by E.V. Williams, is within the VDOT budget for the construction of this portion of the VDOT project. In order for VDOT to proceed with the construction, the City must execute a City -State Agreement for the project with VDOT. The City -State Agreement is the formal mechanism that VDOT uses to obligate project costs, which include design, acquisition and construction. While the amounts shown in the City -State Agreement are estimated costs based on currently known costs, the actual cost of the project will be determined by applying the percentages designated by the City -State Agreement to the final costs for construction and other project activities. The City's cost share with VDOT will cover the basic VDOT project requirements (Design, Right -of -Way, Private Utilities Adjustments, Construction, Landscaping and Streetlights) plus other partially funded costs as utility betterments, undergrounding utilities, enhanced soundwalls, and concrete pavers. As presented in the City -State Agreement, the total project cost is Page 1 of 2 estimated by VDOT to be $47,186,727.82. The amount that the City is responsible for is estimated to be $3,315,701.10 with the remainder, $43,871,026.72, to be responsibility of VDOT. Funding for the City's $3,315,701.10 share is available from three CIP projects: CIP 2-149 will provide $2,038,144.70 for roadway improvement, CIP 5-008 will provide $164,577.12 for public utility water main betterments, and CIP 6-069 will provide $1,112,979.28 for public utility sewer betterments. ■ Public Information: VDOT held a Design Public Hearing on March 6, 1996 at Birdneck Elementary School and approximately 25 citizens attended. Also on September 8, 1994, VDOT held a Citizen Information Meeting for this project at Birdneck Elementary School. City staff also participated in the Public Hearing and the Citizen Information Meeting. Throughout the right-of-way acquisition that was completed in 2006, City staff was in discussions with the property owners. ■ Alternatives: Do not accept the construction project and lose $35,797,161.37 of federal funds, or fund the entire project at 100% City cost. ■ Recommendations: Staff recommends that City Council approve the ordinance to authorize the City Manager to execute the City -State Agreement of Birdneck Road, Phase II. ■ Attachments: Location Map Ordinance Three (3) Copies of the City -State Agreement Recommended Action: Approve Ordinance to authorize City Manager to execute the City - State Agreement Submitting Department/Agency: Public Works/Engineering City Manager: Page 2 of 2 Is 1 ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO ENTER INTO A CITY-STATE 3 AGREEMENT WITH THE VIRGINIA 4 DEPARTMENT OF TRANSPORTATION FOR 5 CONSTRUCTION OF THE BIRDNECK ROAD, 6 PHASE II PROJECT (CIP 2-149, 5-008 & 7 6-069) 8 9 k Road, Phase II Project provides 10 WHEREAS, the proposed Birdnec 11 for a four -lane divided highway with a bikeway from General Booth 12 Boulevard intersection to Norfolk Avenue/Southern Boulevard 13 intersection for a distance of approximately 2.5 miles; and 14 WHEREAS, City Council has determined that a public necessity 15 exists for the construction of this important project to provide 16 transportation enhancements and for other public purposes related 17 to the preservation of the safety, health, peace, good order, 18 comfort, convenience and welfare of the citizens of Virginia Beach; 19 and 20 WHEREAS, in order for the Virginia Department of 21 Transportation ("VDOT") to proceed with this project, the City must 22 enter into a City -State Agreement with VDOT for construction of the 23 project; now 24 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF VIRGINIA 25 BEACH, VIRGINIA: 26 That the City Manager is hereby authorized to enter into a 27 City -State Agreement with the Virginia Department of Transportation 28 for construction of the Birdneck Road, Phase II Project (CIP 2-149, 29 5-008 & 6-069), VDOT Project U000 -134-V27, PE -101, RW -201, C-501 30 (UPC 11754) on behalf of the City of Virginia Beach. 31 Adopted by the Council of the City of Virginia Beach, 32 Virginia, on the day of APPROVED AS TO CONTENT: nt of Public Works 41he 11 2007. APPROVED AS TO LEGAL SUFFICIENCY: L I Attorney's Office CA10261 V:\applications\citylawprod\cycom32\Wpdocs\D026\P001\00026961.DOC R-1 January 26, 2007 LOCATION MAP BIRDNECK ROAD. PHASE 11 CIP 2-149 0 400 800 1,600 RNEG'WT Feet a U Prepared by P.W./Eng./Eng. Support Services Bureau 111 flu mPro)ectmAmG rneswgenua — —g— 11 AGREEMENT FOR PROJECT CONSTRUCTION,MAINTENANCE BETWEEN THE CITY OF VIRGINIA BEACH AND THE VIRGINIA DEPARTMENT OF TRANSPORTATION BIRDNECK ROAD PROJECT U000 -134-V27, C501 (UPC 11754 THIS AGREEMENT, made and executed in triplicate as of this day of 200___, between the COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT" or "VDOT" and the CITY it OF VIRgRg& BEACH, hereinafter referred to as the "MUNICIPALITY WITNESSETH: WHEREAS, the Commonwealth Transportation Board and MUNICIPALITY have allocated funds for the widening of Birdneck Road Project U000-134- '27, 5501 (UPC 11754), hereinafter referred to as the "Project"; and NOW, THEREFORE, for and in consideration of the premises and mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. The DEPARTMENT will construct the Project as.approved. 2. After construction the MUNICIPALITY will maintain the Project, or have it maintained, in a manner satisfactory to the DEPARTMENT or its authorized representatives and will make ample provision each year for such maintenance. 3. The MUNICIPALITY, after construction of the Project or any part thereof:, shall not permit any reduction in the number of or width of traffic lanes, or any additional median crossovers and enlargement of existing median crossovers, or any alterations to channelization islands, without the prior written approval of the DEPARTMENT. 03 october 2004 Standard Project UOOO-134-V27, C502 UPC 11754 4. Right-of-way for the Project was acquired with rights of access restricted to points designated on the plans. No additional access points will be permitted without prior written approval of the DEPARTMENT. 5. Parking will be prohibited at all times on both sides of the roadway on this Project and appropriate NO PARKING signs shall be erected. The signs shall conform to the standards as shown in the current edition of the Manual on Uniform Traffic Control Devices. b. The location, form and character of informational, regulatory and warning signs, curb and pavement or other markings and traffic signals, installed or placed by the MUNICIPALITY or any public authority, or other agency, or private entity, shall conform to the standards as shown in the current edition of the Manual on Uniform Traffic Control Devices or be subject to the written approval of the DEPARTMENT. 7. The location and installation of utility poles, lighting standards, traffic signal poles or any other facility installed or placed within the right-of-way by the MUNICIPALITY or any public authority, or other agency, or private entity, shall conform to the VDOT Land Use Permit Manual, or be subject to the written approval of the DEPARTMENT. 8. The MUNICIPALITY shall comply with Title VI of the Civil Rights Act of 1964 and the Fair Employment Contracting Act, Section 2.2-4200 through 2.2-4201 of the Code of Virginia (1950), as amended. 2 project U000 -134-V27, C502 UPC 11754 9. The MUNICIPALITY shall comply with all applicable federal, state and local rules, regulations and statutes when work is performed on this project by it's employees, agents, or contractors at Project expense. 10. Prison labor will not be used for any purpose whatsoever on the Project. 3 Project U000 -134-V27, C502 UPC 11754 11. The MUNICIPALITY shall participate in the actual cost of the Project in accordance with the following tabulation, understanding that the costs shown are estimated and the percentages will be applied to actual costs: PROJECT COST 1ViuNic PAurrs SHARE ITEM ESTIl U—A COST % Preliminary Engineering $ 4,400,000.00 2 $ 88,000.00 ��Y Acquisition &Relocation $ 4,802,222.00 2 $ 96,044.44 DVP Utility Relocation $ 2,135,204.82 2 50 $ $ 42,704.10 635,962.26 DVP Utility Relocation (Betterment) $1,271,924.51 2 $ 7,381.78 Verizon Utility Relocation $ 369,089.00 50 $ 175,824.00 Verizon Utility Reloc. (Betterment) $ 351,648.00 50 $ 163 416.00 Cox Communication Utility Reloc $ 326 83200 $1,121,332.57 Total Right -of -Way & Utilities $ 9,256,920.33 Construction: Regular Bid Items $16,979,397.71 2 $ 339,587.95 Precast Sound Barrier $ 205,257.00 2 $ 4,105.14 Precast Sound Barrier (Betterment) $ 28,808.00 100 $ 28,808.00 Field Office $ 196,286.65 2 $ 3,925.73 Police Patrol $ 50,000.00 2 2 $ $ 1,000.00 89,948.67 Hydraulics Median Pavers (Betterment) $ 4,497,433.53 $ 158,709.45 100 $ 158,709.45 Landscape Items $ 588,487.41 2 2 $ $ 11,769.75 22,519.99 Traffic Items Utility (Project Cost) $ 1,125,999.28 $ 2,901,166.06 2 $ 58,023.32 Ute, (Betterment) $ 1,054,070.56 100 $1,054,070.56 Contingency & Eng (Project Cost) $ 4,742,593.38 2 $ 94,851.87 Con i ngencv& Etna (Betterment) $ 223,485.84 100 $ $2,090,806.27 223.485.84 Total Construction $32,751,694.87 4 ESTBIAMD— COST Project U000 -134-V27, C502 UPC 11754 MUNICIPALITY'S SHARE AMOUNT Other: .21 City procure Tr. Signal Equipment$ 84,510.62 2 $ 13872.04 Install Roadwav Lig ��. by DVP $ 693,602 00 2 $ 15,562.25 Total Other $ 778,112.62 Total Project Cost: $47,186,727.82 5 $3,315,701.10 project U000 -134-V27, C502 UPC 11754 IN WITNESSETH WHEREOF, the parties sign and cause this Agreement to be executed by their duly authorized officers. ATTEST: City Clerk City Manager City of Virginia. Beach City of Virginia Beach NOTE: The official signing for the municipality must attach a certified copy of the authority under which this agreement is executed. Signature of Witness Commonwealth Transportation Commissioner Commonwealth of Virginia Department of Transportation R CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the City of Virginia Beach to Re -Certify for Continued Participation in the Department of Criminal Justice Services' Certified Crime Prevention Community Program MEETING DATE: February 6, 2007 ■ Background: On September 12, 2000, City Council approved a resolution authorizing the City to participate in the Virginia Department of Criminal Justice Services' ("DCJS") Certified Crime Prevention Community Program ("Program"). The program encourages localities to develop and implement collaborative community safety plans. It also provides communities with an ongoing process to reassess and update their plans to address emerging community safety issues. The City obtained certification following adoption of the resolution in 2000, but DCJS requires that City Council authorize the City to re -certify in order to continue participating in the Program. ■ Considerations: Re -certification will reinforce the City's commitment to providing a safe community and will demonstrate that the City continues to meet rigorous standards related to community safety. ■ Attachment: Resolution Recommended Action: Approval Submitting Department/Agency: City Managel. Police Departmento l-- =I. 1 A RESOLUTION AUTHORIZING THE CITY OF VIRGINIA 2 BEACH TO RE -CERTIFY FOR CONTINUED 3 PARTICIPATION IN THE DEPARTMENT OF CRIMINAL 4 JUSTICE SERVICES' CERTIFIED CRIME PREVENTION 5 COMMUNITY PROGRAM 6 WHEREAS, the Virginia Beach City Council supports 7 maintaining the safety and security of its citizens and the 8 community at large to promote crime prevention; 9 WHEREAS, the City Council is prepared to continue its 10 support toward appropriate efforts within the community to 11 continue promoting crime prevention and community safety; 12 WHEREAS, the Department of Criminal Justice Services 13 ("DCJS") offers communities a "Certified Crime Prevention 14 Community Program" ("Program"), which is specifically designed 15 to recognize Virginia communities committed to crime prevention 16 and community safety while providing a framework for those 17 communities to institute crime prevention at the local level 18 which must be recertified every three years; 19 WHEREAS, before a locality can submit an application for 20 participation in the Program, the local governing body must 21 adopt a resolution authorizing such participation; and 22 WHEREAS, participation in the Program also requires a 23 participating locality to designate a local community crime 24 prevention, or community safety, council or coalition. 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 26 OF VIRGINIA BEACH, VIRGINIA: 27 1. That City Council hereby authorizes the City of 28 Virginia Beach (,*,,City") to participate in the Department of 29 Criminal Justice Services' Certified Crime Prevention Community 30 Program, and authorizes the Police Department to take all 31 efforts necessary to meet the DCJS requirements for the City to 32 be recertified as a Certified Crime Prevention Community; and 33 2. That City Council hereby designates the Virginia Beach 34 Crime Prevention Steering Committee as the City's representative 35 for the purpose of participating in the Program. 36 Adopted by the Council of the City of Virginia Beach, 37 Virginia on the day of , 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA10264 \\vbgov.com\dfsl\applications\citylawprod\cycom32\Wpdocs\D031\P001\00027420.DOC R-1 January 31, 2007 .err MPJ LWT CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Appointing Roderick R. Ingram and Rebecca D. Kubin to the Position of Deputy City Attorney MEETING DATE: February 6, 2007 ■ Background: Section 2-166 of the City Code provides that "[t]he city council may, from time to time, upon recommendation of the city attorney, appoint such deputy and assistant city attorneys as it may deem necessary to serve at the pleasure of the city attorney." ■ Considerations: The Resolution appoints Roderick R. Ingram and Rebecca D. Kubin as Deputy City Attorneys, effective March 1, 2007. Mr. Ingram will supervise the attorneys who comprise the City Attorney's General Government Section, and Ms. Kubin will lead the City Attorney's Real Estate Section. ■ Recommendations: It is recommended that City Council adopt the attached resolution. ■ Attachments: Resolution Recommended Action: Adopt Resolution Submitting Department/Agency: City A e City Manager: 1 A RESOLUTION APPOINTING RODERICK R. INGRAM AND 2 REBECCA D. KUBIN TO THE POSITION OF DEPUTY 3 CITY ATTORNEY 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 That pursuant to § 2-166 of the City Code, Roderick R. Ingram 7 and Rebecca D. Kubin are hereby appointed to the position of Deputy 8 City Attorney, effective March 1, 2007. g Adopted by the Council of the City of Virginia Beach, 10 Virginia, on the day of APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: ---4= City Attorne s Office 2007. CA -10256 V:\applications\citylawprod\cycom32\Wpdocs\D023\P001\00026761.DOC R-1 January 23, 2007 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $33,000 from the United States Department of Criminal Justice Services and Transfer $11,000 from the DEA Seized Property Special Revenue Fund to the Police Department's FY 2006-07 Operating Budget for the Purchase of an Infrared Camera System, Video Enhancement System, and Photo - Quality Printers MEETING DATE: February 6, 2007 ■ Background: The Department of Criminal Justice Services has awarded the Virginia Beach Police Department $33,000 of funding through the Byrne Memorial Justice Grant Program. This grant will be active from 1/1/2007 through 12/31/2007. The grant requires an $11,000 match. The Forensics Services Unit (FSU) will utilize these funds to increase the unit's ability to collect evidence in less than ideal conditions. This will be accomplished by purchasing an infrared camera system, a video enhancement system, and photo -quality printers. These improvements will allow the FSU to examine more cases and to collect a higher quality of evidence. ■ Considerations: These funds will be used to improve the quality of evidence collected by the Virginia Beach Police Department. The Police Department will provide an $11,000 match from the department's DEA Seized Property Special Revenue Fund. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendations: It is recommended that Council accept and appropriate the grant award of $33,000 and transfer $11,000 for the match from the DEA Seized Property Special Revenue Fund for the purchase of an infrared camera system, video enhancement system, and photo -quality printers. ■ Attachments: Ordinance and Award Letter Recommended Action: Approval Submitting Department/Agency: Police Department — City Manager: �nL I AN ORDINANCE TO ACCEPT AND APPROPRIATE $33,000 2 FROM THE UNITED STATES DEPARTMENT OF CRIMINAL 3 JUSTICE SERVICES AND TRANSFER $11,000 FROM THE 4 DEA SEIZED PROPERTY SPECIAL REVENUE FUND TO 5 THE POLICE DEPARTMENT'S FY 2006-07 OPERATING 6 BUDGET FOR THE PURCHASE OF AN INFRARED CAMERA 7 SYSTEM, VIDEO ENHANCEMENT SYSTEM, AND PHOTO - 8 QUALITY PRINTERS 9 WHEREAS, the Police Department has received a $33,000 grant 10 from the United States Department of Criminal Justice Services and 11 has identified $11,000 within the FY 2006-07 DEA Seized Property 12 Special Revenue Fund for the required cash match. 13 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 1. That $33,000 is hereby accepted from the United States 16 Department of Criminal Justice and appropriated to the Police 17 Department's FY 2006-07 Operating Budget for the purchase of an 18 infrared camera system, a video enhancement system, and photo - 19 quality printers, with federal revenue increased accordingly. 20 2. That a cash match of $11,000 is hereby transferred from 21 the DEA Seized Property Special Revenue Fund to the Police 22 Department's FY 2006-07 Operating Budget. 23 Adopted by the Council of the City of Virginia Beach, 24 Virginia, on the day of , 2007. Requires an affirmative vote by a majority of the members of the city council. APPROVED AS TO CONTENT: Yj(A- daAnagei7nn<tearvicess APPROVED AS TO LEGAL SUFFICIENCY: City Attorn 's Office CA10254 V:\applications\citylawprod\cycom32\Wpdocs\D023\Pool\00026757.DOC R-2 January 25, 2007 FROM FAX N0. :7574265011 Jan. 22 2007 04:26PM P2 COMMONWEALTH of 'VIRrjINI,A, Department of Criminal Justice Services 202 a Nnlh'steet Leonard G. Cooke Richmond. Virginia 23219 OireUor(804) 786-4000 December 18, 2006 FAX' 1SU) 3714981 TDD (804) M-8732 Mr, James K. Spore City Manager City of Virginia Beach 2401:CouAouse Drive Virginia Beach, VA 23456.. Title: Collection of Evidence Project L Dear. Mr. Spore: I .am pleased to advise you that grant number 07-A'S369AD05 for the above- referenced grant program has been approved in the•asnount of $33,000 in Federal Funds and $11;000 "in, Matching Funds for a total award of $44,000. Enclosed you will -find a Statement of Grant:Award and a Statement of Grant Award Special Conditions• To indicate your acceptance: of the award.. and conditions, please sign the. award acceptance and return it to Janice Waddy, Grants Administrator, at the Department of Criminal Justice Services (DCJS). Please review the conditions carefully; as: some require action on part .before we will, disburse grant funds.. Also, enclosed are the Post Award Instructions and Reportin¢ Requirements. Please refer to and read this. i.afaYlitatiaa aareful}y 43 ii taltislllts .!lentils b!t orsaagsing fift ajal cad ptoppo eepert9, as W311 as m4uOUttiNg awarded funds. Remember aIlifnanrlal and prvgrm repor6., b,"dgcj anwa mmod rega=6 and reyue-i fur funds must be processed through our Grants Management Online Information System (GMIS). We, appreciate your interest in this grant program and will be happy to assist you in any way we can to assure your project's success., ifyou.have any. questions, please can Kathi Lee at (804) 786-4303. Yours very truly, Leonard G. Cooke Enclosures Cc: Mr. Dan W. Clanton, Forensics Supervisor Ms. Patricia K. Phillips, Finance Director Kathi Lee, DCJS - Crimkiat .luatice serv'ce B=d • Committee on TrslnkV - Advisory Committee m .mvenNe Justke Adviaory Commtnee to Court ApMated Spectal Advocale and Ctuktren s Justice Act Programs Private See+xdy Services Advisory Board -Criminal Justice Information Systems Commitee CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $25,000 from the Albemarle Pamlico National Estuarine Program to the Department of Planning and Community Development's FY 2006-07 Operating Budget for the Restoration of Riparian Buffers Adjoining Red Mill Elementary School MEETING DATE: . February 6 2007 ■ Background: Virginia Beach has been awarded $25,000 in competitive federal grant funds to undertake the restoration of riparian buffers adjoining Red Mill Elementary School within the Back Bay watershed. The purpose of the funds is to establish a riparian vegetated buffer zone for filtering non -point source runoff and helping improve water quality. The funds will be used to plant woody vegetation (trees and shrubs), develop and print an educational fact sheet, install an information kiosk concerning the riparian buffer project, and create an outdoor classroom learning environment for promoting greater stewardship and environmental awareness of the Back Bay watershed. The grant requires a local cash match of $12,100 to support this project and an in-kind match of $5,000 to be provided by City staff and volunteers from the Back Bay Restoration Foundation Community Watershed Organization. The matching funds are available within the FY 2006-07 Operating Budget of the Department of Public Works — Storm Water Management Program Fund. ■ Considerations: The project provides an opportunity for enhancing recommendations outlined in the City's Comprehensive Plan Natural Resources Plan concerning the Back Bay watershed. Incorporation of this project into the long-term recommendations for the Back Bay watershed affords an opportunity to enhance environmental restoration efforts currently being evaluated by the City in partnership with state, federal and other non-government entities. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendations: It is recommended that Council accept and appropriate the grant award of $25,000 and transfer $12,100 from the Department of Public Works — Storm Water Management Program Fund FY 2006-07 Operating Budget for the required cash match. ■ Attachment: Ordinance and Award Letter Recommended Action: Approval Department of Planning and Community Development Submitting Department/Agency: City Manage . L -�Y6 N;,Z, 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $25,000 2 FROM THE ALBEMARLE PAMLICO NATIONAL ESTUARINE 3 PROGRAM TO THE DEPARTMENT OF PLANNING AND 4 COMMUNITY DEVELOPMENT'S FY 2006-07 OPERATING 5 BUDGET FOR THE RESTORATION OF RIPARIAN BUFFERS 6 ADJOINING RED MILL ELEMENTARY SCHOOL 7 8 WHEREAS, the Department of Public Works - Storm Water 9 Management Program has identified $12,100 within their FY 2006-07 10 Operating Budget for the cash match required for the restoration 11 of riparian buffers adjoining Red Mill Elementary School within 12 the Back Bay watershed; and 13 WHEREAS, an in-kind match of $5,000 will be provided by 14 City staff and volunteers from the Back Bay Restoration Foundation 15 Community Watershed Organization. 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA: 18 (1) That $25,000 is hereby accepted from the Albemarle 19 Pamlico National Estuarine Program and appropriated to the 20 Department of Planning and Community Development's FY 2006-07 21 Operating Budget for the restoration of riparian buffers adjoining 22 Red Mill Elementary School within the Back Bay Watershed, 23 development and printing of an educational fact sheet, installation 24 of an information kiosk, and creation of an outdoor classroom 25 learning environment, with Federal Revenue increased accordingly. 26 (2) That $12,100 is hereby transferred from the 27 Department of Public Works - Storm Water Management Program Fund FY 28 2006-07 Operating Budget for the cash match required for this 29 project. 30 Adopted the by the Council of the City of Virginia Beach, 31 Virginia, day of , 2007. 32 Requires an affirmative vote by a majority of the members of 33 the City Council . APPROVED AS TO CONTENT: AManage4entSer"vicesp APPROVED AS TO LEGAL SUFFICIENCY: City Attorney s Offi. e CA10232 V:\applications\citylawprod\cycom32\Wpdocs\D019\P001\00025173.DOC R-2 December 27, 2006 Albemarle -Pamlico National Estuary Program North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor William G. Ross Jr., Secretary f3i� Crowell, Director ARA NCDENR April 25, 2006 Clay Bernick 2405 Courthouse Drive Virginia Beach, VA 23456 Dear Mr. Bernick: On behalf of the Albemarle -Pamlico National Estuary Program (APNEP), it is with great pleasure that I congratulate you on the acceptance of your schoolyard demonstration project submittal entitled `Red Mill Elementary Riparian Buffer and Environmental Education Project". After careful discussion and deliberation upon your proposal, the Citizen Advisory Committee determined the project to be one that will succeed in furthering the management actions contained in the APNEP Comprehensive Conservation and Management Plan (CCMP). We will be contacting you to work out the contract details. Again, congratulations! We look forward to a mutually beneficial and rewarding relationship and, most importantly, to protecting the natural resources of casters North Carolina. Sincerely, q Bill Crowell BC/jbg 1641 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-715-1327 \ FAX: 919-715-3060 \ Internet: www. http:i/h2o.enr.state.nc.us/nep/ An Equal Opportunity \ Affirmative Action Employer -&M Recycled \ 14% Post Consumer Paper a -43 - Item 43 - Item VK5.d ORDINANCES/RESOLUTION ITEM #55978 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED until the City Council Session of February 6, 2007. Ordinance to ACCEPT and APPROPRL4TE: $175,000 grant from the Virginia Department of Conservation and Recreation re a series of water quality enhancement projects: 1. $73,500 to Lynnhaven Watershed Restoration 2. $101,500 to Water Quality Participation Voting: 11-0 (By Consent) Council Members Voting Aye: William K "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis K Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John K Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 9, 2007 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate a $175,000 Grant from the Virginia Department of Conservation and Recreation for a Series of Water Quality Enhancement Projects MEETING DATE: February 6, 2007 ■ Background: (Note: This item was deferred from the January 9, 2007 Council meeting.) Virginia Beach has been awarded $175,000 in competitive state grant funds to undertake a series of water quality enhancement projects and a pilot community conservation partnership with two community watershed organizations in the City. These enhancement projects are located in the City's Back Bay, Elizabeth River, Little Creek, Lynnhaven River, and North Landing River watersheds. The projects are intended to reduce excessive nitrogen and phosphorus concentrations in runoff to these receiving watersheds and reduce fecal coliform bacterial contamination in these receiving watersheds, thereby helping the City to meet Total Maximum Daily Load standards, the Chesapeake Bay 2000 Agreement, the Lower James Tributary Strategy, the SWAMP Special Area Management Plan goals and objectives, various water quality regulatory programs (such as Chesapeake Bay Preservation Act, Erosion and Sediment Control, and Stormwater Management), and general water quality initiatives. These grant funds require a City cash match of $175,000 to support this series of projects. Matching funds in the amount of $175,000 for the enhancement projects are available in two capital projects, $73,500 in CIP #7-153, Lynnhaven Watershed Restoration, and $101,500 in CIP #7-159, Water Quality Participation Projects. Utilization of these funds as proposed will help enhance water quality and showcase various protection efforts in many of the City's watersheds and also provide an educational opportunity for citizens to observe or become involved in the implementation of various demonstration projects with community watershed organizations in partnership with the City. ■ Considerations: The projects provide an opportunity for enhancing recommendations outlined in the City's Comprehensive Plan Natural Resources Plan concerning many of the City's watersheds. These projects also will afford citizens hands-on stewardship opportunities and assist the City in meeting various federal and state water quality mandates. ■ Public Information: Public information will be handled through the normal Council agenda notification process. ■ Recommendation: Accept and appropriate $175,000 in funds from the Virginia Department of Conservation & Recreation. ■ Attachment: Ordinance and Project List Recommended Action: Approve ordinance Submitting Department/Agency: Public Works Department PIC City Manage : �,Y�o r � hv-yL 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 $175,000 GRANT FROM THE VIRGINIA DEPARTMENT OF 3 CONSERVATION AND RECREATION FOR A SERIES OF 4 WATER QUALITY ENHANCEMENT PROJECTS 5 6 7 WHEREAS, the Virginia Department of Conservation and 8 Recreation has awarded the City a $175,000 state grant to undertake 9 a series of water quality enhancement projects and pilot community 10 conservation partnerships with organizations within the City's Back 11 Bay, Elizabeth River, Little Creek, Lynnhaven River and North 12 Landing River watersheds; and 13 WHEREAS, this grant requires a cash match of $175,000, which 14 is available in two capital projects, CIP #7-153, Lynnhaven 15 Watershed Restoration, and CIP #7-159, Water Quality Participation 16 Projects. 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 That a $175,000 state grant from the Virginia Department of 20 Conservation and Recreation is hereby' accepted with $73,500 21 appropriated to CIP #7-153, Lynnhaven Watershed Restoration, and 22 $101,500 appropriated to CIP #7-159, Water Quality Participation 23 Projects, for a series of water quality enhancement projects, with 24 estimated revenues to be increased accordingly. 25 This ordinance shall be effective from the date of its 26 adoption. 27 Adopted by the Council of the City of Virginia Beach, 28 Virginia on the day of 2007. 29 APPROVED AS TO CONTENT: WServices anage n APPROVED AS TO LEGAL SUFFICIENCY: ---j City Attorney's Office CA10241 V:\applications\citylawprod\cycom32\Wpdocs\D022\Pool\00025414.DOC R-2 December 27, 2006 WQIF Grant Description of Projects Title: Lake Trashmore Aeration Location: Lake Trashmore/Lynnhaven Watershed Contact Agency: Public Works Contact Person: Steve McLaughlin Project Cost: $109,000 City Cash Match: $ 54,500 Funding Source: CIP 7-153 Basis of Estimate: Existing Contract Proposed Completion: 9-30-07 Description of Project: Installation of 4 solar powered aerators in the waters in Lake Trashmore is expected to reduce nutrient concentrations in the water. Title: Nawney Creek Swine Lagoon Closure Location: Southern Watershed Contact Agency: VA Dare Soil & Water Conservation District Contact Person: Roy Flanagan Project Cost: $50,000 City Cash Match: $25,000 Funding Source: CIP 7-159 Basis of Estimate: Best Professional Judgment Proposed Completion: 9-30-07 Description of Project: Removal of nutrient and bacteria bearing sludge and overlaying waters in an abandoned swine lagoon adversely affecting local surface waters. Title: Boat Pump Out Location: Lynnhaven Watershed Contact Agency: Public Works Contact Person: Steve McLaughlin Project Cost: $6,000 City Cash Match: $3,000 Funding Source: CIP 7-153 Basis of Estimate: Existing Contract Proposed Completion: 9-30-08 Description of Project: This project will be contracted with Hampton Roads Sanitation District for removal and disposal of sewage from vessels in the waters of the Lynnhaven Watershed from Memorial Day through Labor Day. Title: Lake Trashmore Aeration Location: Lake Trashmore/Lynnhaven Watershed Contact Agency: Public Works Contact Person: Steve McLaughlin Project Cost: $109,000 City Cash Match: $ 54,500 Funding Source: CIP 7-153 Basis of Estimate: Existing Contract Proposed Completion: 9-30-07 Description of Project: Installation of 4 solar powered aerators in the waters in Lake Trashmore is expected to reduce nutrient concentrations in the water. Title: Nawney Creek Swine Lagoon Closure Location: Southern Watershed Contact Agency: VA Dare Soil & Water Conservation District Contact Person: Roy Flanagan Project Cost: $50,000 City Cash Match: $25,000 Funding Source: CIP 7-159 Basis of Estimate: Best Professional Judgment Proposed Completion: 9-30-07 Description of Project: Removal of nutrient and bacteria bearing sludge and overlaying waters in an abandoned swine lagoon adversely affecting local surface waters. Title: Watershed Markers Location: Little Creek, Southern Waters, Rudee, No. Landing River Contact Agency: Public Works Contact Person: Steve McLaughlin Project Cost: $ 8,000 City Cash Match: $ 4,000 Funding Source: CIP 7-159 Basis of Estimate: Best Professional Judgment Proposed Completion: 12-15-07 Description of Project: Development and installation of watershed markers to increase educational awareness of the locations of the City's watersheds Oster Shell Recycling Title: Y clip Y g Pro gTam Location: Lynnhaven Watershed Contact Agency: Planning Contact Person: Clay Bernick Project Cost: $ 8,000 City Cash Match: $ 4,000 Funding Source: CIF 7-153 Basis of Estimate: Best Professional Judgment Proposed Completion: 9-30-08 Description of Project: Collection, cleaning, weathering, and installation of oyster shells will be used as an educational awareness project and for oyster reef construction. Title: Stumpy Lake Aeration Location: Stumpy Lake/North Landing River Watershed Contact Agency: Public Works Contact Person: Steve McLaughlin Project Cost: $100,000 City Cash Match: $ 50,000 Funding Source: CIP 7-159 Basis of Estimate: Existing Contract Proposed Completion: Description of Project: 9-30-07 Installation of 4 solar powered aerators in the waters in Stumpy Lake is expected to reduce nutrient concentrations in the water, bacteria and trophic status and stabilize dissolved oxygen levels. Oster Shell Recycling Title: Y clip Y g Pro gTam Location: Lynnhaven Watershed Contact Agency: Planning Contact Person: Clay Bernick Project Cost: $ 8,000 City Cash Match: $ 4,000 Funding Source: CIF 7-153 Basis of Estimate: Best Professional Judgment Proposed Completion: 9-30-08 Description of Project: Collection, cleaning, weathering, and installation of oyster shells will be used as an educational awareness project and for oyster reef construction. Title: Thalia Elem. Riparian Buffer Restoration Location: Lynnhaven Watershed Contact Agency: Planning Contact Person: Clay Bernick Project Cost: $ 10,000 City Cash Match: $ 5,000 Funding Source: CIP 7-153 Basis of Estimate: Best Professional Judgment Proposed Completion: 5-31-08 Description of Project: Acquisition and planting of materials needed to restore a riparian buffer. 91 Heritage Park Riparian Buffer Restoration Title: Storm Drain Stenciling Location: City Wide Contact Agency: Public Works Contact Person: Steve McLaughlin Project Cost: $ 10,000 City Cash Match: $ 5,000 Funding Source: CIP 7-159 Basis of Estimate: Best Professional Judgment Proposed Completion: 9-30-08 Description of Project: Fabrication and distribution of storm drain stencils for installation by civic groups to increase public awareness of the importance of pollution control. Title: Heritage Park Riparian Buffer Restoration Location: Southern Watershed Contact Agency: Planning Contact Person: Clay Bernick Project Cost: $ 10,000 City Cash Match: $ 5,000 Funding Source: CIP 7-159 Basis of Estimate: Best Professional Judgment Proposed Completion: 5-31-08 Description of Project: Acquisition and planting of materials needed to restore a riparian buffer along a former farm drainage channel on land to be dedicated to the City as an easement. M Title: Kings Grant Park Riparian Buffer Restoration Location: Lynnhaven Watershed Contact Agency: Planning Contact Person: Clay Bernick Project Cost: $ 10,000 City Cash Match: $ 5,000 Funding Source: CIP 7-153 Basis of Estimate: Best Professional Judgment Proposed Completion: Description of Project: 5-31-08 Acquisition and planting of materials needed to restore a riparian buffer. Acquisition and planting of materials needed to restore a Title: Hampton Roads Ag. Res. & Ext. Riparian Buffer Location: City Wide Contact Agency: Agriculture Contact Person: Mel Atkinson Project Cost: $ 5,000 City Cash Match: $ 2,500 Funding Source: CIP 7-159 Basis of Estimate: Best Professional Judgment Proposed Completion: Description of Project: 5-31-07 Acquisition and planting of materials needed to restore a riparian buffer. Acquisition and planting of materials needed to restore a W Title: Thoroughgood House Riparian Buffer Restoration Location: Lynnhaven Watershed Contact Agency: Planning Contact Person: Clay Bernick Project Cost: $ 4,000 City Cash Match: $ 2,000 Funding Source: CIP 7-153 Basis of Estimate: Best Professional Judgment Proposed Completion: 5-31-08 Description of Project: Acquisition and planting of materials needed to restore a riparian buffer. W Title: Location: Contact Agency: Contact Person: Project Cost: City Cash Match: Funding Source: Basis of Estimate: Proposed Completion: Description of Project: wetlands area. Ashville Bridge Creek Instream Wetlands Restoration Southern Watershed VA Dare Soil & Water Conservation District Roy Flanagan $ 20,000 $ 10,000 CIP 7-159 Best Professional Judgment 9-30-08 Acquisition and planting of materials needed to restore a City Cash Match Totals By Funding Source CIP 7-153 $ 73,500 CIP 7-159 $101,500 TOTAL $175,000 TOTAL Grant Funding $175,000 TOTAL Project $350,000 SGM 01-02-07 K. APPOINTMENTS COMMUNITY SERVICES BOARD - CSB HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA OPEN SPACE ADVISORY COMMITTEE L. UNFINISHED BUSINESS FF M. NEW BUSINESS N. ADJOURNMENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: January 23, 2007 PAGE: 1 AGENDA ITEM # SUBJECT I BRIEFINGS: A. DOME SITE PROPOSAL 1 B. NAVY/CITY MEMORANDUM OF UNDERSTANDING (MOU)—Removed from Agenda II/IIU IV/ V -E CERTIFICATION OF CLOSED SESSION F-1 MINUTES– Jana 9, 2007 G/H-I VICE MAYOR'S PRESENTATION PROCLAMATION- Muscular Dystrophy Association I-1 PUBLIC COMMENT WORKFORCE HOUSING J/K-1 Resolution ENDORSING/SUPPORTING"new National Agenda forUrban Parks and M Recreation" 2 Resolution toAMEND duties of Employee Benefits Review Task Force 3 Ordinance toAMEND § 37-25 of City Code re water meters/valves/manholes obstructed by parked vehicles 4 Ordinance toAMEND/APZ-1/Clear Zone Acquisition Plan/addingproperty right to develop for residential uses(deletmg stricken portions dated Jan 23, 2007/setting forth criteria D for City Mana$r to acquire properties after H ac uisition L-1 NO ACTION VIRGINIA SUPPORTIVE HOUSING at 964 W S. MilitaryHwy. (DISTRICT 1– CENTERVILLE) I a. COZ from B-2 to A-12 E b. CUP re single room occupancy facility L (deferred by Planning Commission to Feb 14, U 2007 I M-1 CLAYBORN PROPERTIES, LLCMansion T E ofNonconforminy Use at 737 Little Neck Road N O (DISTRICT 5–LYNNHAVEN) MOTION ,ou Haddad, 'resident– umada Hofiler 1Villiam Macali, )eputy City Worney "ERTIFIED APPROVED 12 Speakers ADOPTED BY CONSENT ADOPTED BY ADOPTED AS AMENDED BY ADOPTED BY CONSENT APPROVED/ CONDITIONED BY CONSENT 10-01 Y IYIYIYIYIYIAIYIYIYIY M©©©©©©M©©©© 9-1 I Y IYIYIYIYINIAIYIYIYIY 10-0I Y IYIYIYIYIYIAIYIYIYIY 10-0I Y IYIYIYIYIYIAIYIYIYIY 10-01 Y IYIYIYIYIYIAIYIYIYIY I0 -0I Y IYIYIYIYIYIAIYIYIYIY V O 1 M B L D C E L E D H C R A W S I E J L N U N I T E D N O A D H U L W E Z Y L N N O R E S O VOTE p E E E E A R I V O O H L R Y S N F N A N D 10-01 Y IYIYIYIYIYIAIYIYIYIY M©©©©©©M©©©© 9-1 I Y IYIYIYIYINIAIYIYIYIY 10-0I Y IYIYIYIYIYIAIYIYIYIY 10-0I Y IYIYIYIYIYIAIYIYIYIY 10-01 Y IYIYIYIYIYIAIYIYIYIY I0 -0I Y IYIYIYIYIYIAIYIYIYIY CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 1 DATE: January 23, 2007 PAGE: 2 AGENDA ITEM # SUBJECT MOTION VOTE D E S T E p H D I E Z E L D Y E R H E N L E Y J 0 N E S M C C L A N A N B E R N D 0 R F U H R I N L L A N U E V A W I L S O N W 0 O D TIMOTHY H. HANKINS closure of portion of alley abutting 849 South Atlantic Avenuere City drainage easement (DISTRICT 6— APPROVED/ CONDITIONED BY CONSENT 10-0 Y Y Y Y Y Y A Y Y Y Y 2 BEACH M&M CONTRACTORS, INC. Modificatnn otConditionNo. 1 on a CUP approved July 3, 2001/amendedFebruary 26, 2002/deferred Jan 31, 2006)at 533 South DEFERRED INDEFINITELY BY CONSENT 10-0 Y Y Y Y Y Y A Y Y Y Y 3 Lynnhaven Roadre additional storage space (DISTRICT 3— ROSE HALL RENT A -CAR CUP re ehicle rentalsat 3680 Holland Road. ICT 3— ROSE HALL) BECO DEVELOPMENT, L.L.C.at 6226 Providence Road (DISTRICT 1— CENTERVILLE) DEFERRED BY CONSENT TO 02/13/2007 APPROVED AS PROFFERED BY CONSENT 10-0 Y Y Y 9-1 Y Y Y Y Y Y A Y Y Y Y T4ENTERPRISE Y Y N A Y Y Y Y 5 a. COZ from B-2 to Conditional A-36 b. CUP re senior housing HICKMAN PLANTATION SHOPPES COZ from R-20 to Conditional B -2/R-40 at General Booth Boulevard,4immo Parkway re DEFERRED INDEFINITELY BY CONSENT 10-0 Y Y Y Y Y Y A Y Y Y Y 6 shopping center at existing historic home (DISTRICT 7— PRINCESS ANNE) Ordinance to AMEND Sections 111/233.1/701/901/1001/ 1501/ 1511/1521 of ADOPTED 9-1 Y Y Y Y Y Y A Y N Y Y 7 COZ defining "Alcoholic Bmerage%"Bar or Nightclub,"requiring CUP/ADDING standards/ ESTABLISHING regulations in H- I B -2B-3 B-3 A/B-4B-0CB-4K/I-1 / I-2/RT-1/RT-2/RT-3 APPOINTMENTS RESCHEDULED B Y C 0 N S E N S U S N COMMUNITY SERVICES BOARD—CSB HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HUMAN RIGHTS COMMISSION INVESTMENT PARTNERSHIP ADVISORY COMMITTEI~PPEA PLAN COMMITTEE OPEN SPACE ADVISORY COMMITTEE OCEANA LAND USE CONFORMITY Appointed: Mayor Meyera E. Oberndorf - Chair John Parker— Commercial Owner Joe Ferrara - Residential CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: January 23, 2007 PAGE: 3 AGENDA ITEM # SUBJECT WETLANDS BOARD O/P/ I ADJOURNMENT Q MOTION Appointed: Unexpired term thru 09/30/2009 - Nils S. Bahringer Unexpired term thru 09/30/2008 - Barbara M. Wolcott Unexpired term thru 09/30/2007 plus 5 year term thru 09/20/2012 - Ronald C. Ripley 7:25 pm TOWN MEETING City Council's Top Priority Goal: Improved Transportation System Tuesday, January 30 7:15 — 9:00 PM Kellam High School 2323 Holland Road V O 1 M B L D C E L E D H C R A W S I E J L N U N I T E D N O A D H U L W E Z Y L N N O R E S O VOTE P E E E E A R I V O O H L R Y S N F N A N D TOWN MEETING City Council's Top Priority Goal: Improved Transportation System Tuesday, January 30 7:15 — 9:00 PM Kellam High School 2323 Holland Road