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FEBRUARY 27, 2007 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 WILLIAM R. DeSTEPH, At-Large HARRY E. D1HZEL, Kempsville - District 2 ROBERT M. DYER" Cenlerville - District I BARBARA M. HENLEY, Princess Anne - Distri,.t 7 REBA S. McCLANAN, Rose Hall - District 3 .JOHN E. UHRIN, Beach - District 6 RON A VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CI7Y MANAGER - .JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES FRASER, MMC 27 FEBRUARY 2007 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE. (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com I. CITY COUNCIL BRIEFINGS - Conference Room - A. VIRGINIA BEACH 2007 COMMEMORATION and ACTIVITIES C. Mac Rawls, Chairman - Virginia Beach 2007 Steering Committee B. HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE David Bradley, Acting Director -Economic Development Jones Hooks, President and CEO - HREDA II. CITY MANAGER'S BRIEFING A. LAKE RUDEE DREDGING Phil Roehrs, Coastal Engineer - Public Works III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA 1 :00 PM V. 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 VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Rabbi Israel Zoberman Beth Chaverini Synagogue 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 February 13, 2007 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA I. ORDINANCES 1. Ordinances to AMEND the City Code: a. S 6-12 re riding horses or driving vehicles on the beach or dunes to allow one all terrain vehicle between June 1 and August 31 re search for sea turtle nesting indicators, stranded sea turtles and marine mammals b. SS 21-302 and 21-303 re stopping or parking on highways to allow certain City employees to park City vehicles on the left side of two-way streets when performing official duties that require repeated exit and entry from their vehicles 2. Ordinance REQUESTING the Virginia Department of Transportation (VDOT) establish a project under the Congestion Mitigation and Air Quality Program re Salem Road/Princess Anne Road intersection improvement; and, to ACCEPT and APPROPRIATE a $300,000 grant to relieve congestion. 3. Ordinance to TRANSFER $84,675 from the Police Department's operating budget to the Commonwealth's Attorney's Office FY 2006-07 operating budget and $26,135 within the Commonwealth's Attorney's Office FY 2006-07 operating budget to continue the prosecution of domestic violence cases. J. RESOLUTIONS 1. Resolution PROVIDING for the issuance and sale of $75,000,000 General Obligation Public Improvement Bonds, Series 2007, re financing various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects. 2. Resolution AFFIRMING that the provision of high-quality Workforce Housing is a desirable goal of the City and that appropriate ordinances directed toward achieving such goal be developed. 3. Resolutions REQUESTING the Virginia Department of Transportation (VDOT) ACCEPT: a. additional streets for urban maintenance payments b. corrections to the road inventory for urban maintenance payments 4. Resolutions for ENDORSEMENT of Virginia Department of Transportation (VDOT) urban highway projects for Bicycle and Pedestrian Safety Grant funding: a. Pacific Avenue between 5th and 43rd Streets b. Shore Drive between Kendall Street and Vista Circle K. PLANNING 1. Application of RICHARD C., JR. and KIMBERLY C. MCCULLOUGH for the closure of a portion of an unimproved alley adjacent to 813 V anderbilt Avenue, Croatan Beach. (DISTRICT 6 - BEACH) Recommendation: APPROV AL 2. Ordinance AMENDING Sections 111,601,801, and 901, ADDING Section 241.1 establishing definitions of single room occupancy facility and Single Room Occupancy Unit and establishing specific standards and applicable districts for a single room occupancy facility. Recommendation: APPROV AL 3. Applications of VIRGINIA SUPPORTIVE HOUSING at 964 S. Military Highway (DISTRICT 1 - CENTERVILLE): a. Change o/Zoning from B-2 Community Business District to A-12 Apartment District b. Conditional Use Permit to develop a single room occupancy facility Recommendation: APPROV AL 4. Application of A.O.S. PROPERTIES, L.L.C. for a Change of Zoning District Classification from AG-l and AG-2 Agricultural District to Conditional R-15 Residential District at 2433 and 2437 Salem Road to consolidate two existing properties re development of single family residential lots. (DISTRICT 7 - PRINCESS ANNE) Recommendation: INDEFINITE DEFERRAL 5. Application of MICHAEL D. SIFEN, INC. for a Change of Zoning District Classification from B-2 Community Business District and R-I0 Residential District to Conditional B-1A Limited Community Business District at 251,263 and 267 North Lynnhaven Road to develop a strip retail center. (DISTRICT 3 - ROSE HALL) Recommendation: APPROV AL 6. Application of VIRGINIA WESLEY AN COLLEGE for a Conditional Use Permit for student dormitories at 5817 Wesleyan Drive (DISTRICT 2 - KEMPSVILLE) Recommendation: APPROV AL L. APPOINTMENTS BEACHES AND WATERWAYS HAMPTON ROADS ECONOMIC DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA THE PLANNING COUNCIL M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT 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) 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. CITYWIDE TOWN MEETING SCHEDULE -- Topics and locations to be determined Tuesday, June 19 Tuesday, September 18 Tuesday, November 20 ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** Agenda 02/27/07 gw www.vbgov.com - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 27 February 2007 Mayor Meyera E Oberndorf called to order the City Council's Briefing re VIRGINIA BEACH 2007 COMMEMORATION and ACTIVITIES in the City Council Conference Room, City Hall, on Tuesday, February 27, 2007, at 1:00 P,M. Council Members Present: William R. "Bill" DeSteph, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Harry E. Diezel [Entered: 2:35 P,M) Robert M Dyer [Entered: 1:35 P.M) Ron A, Villanueva [Entered: 1:08,M) February 27,2007 - 2 - CITY COUNCIL'S BRIEFING VIRGINIA BEACH 2007 COMMEMORATION and ACTIVITIES 1:00 P.M. ITEM # 56111 C. Mac Rawls, Chairman - Virginia Beach 2007 Steering Committee, provided information concerning commemoration and activities to celebrate America's 400th Anniversary in Virginia Beach., It all began here, Cape Henry was to the Jamestown Settlers, what Plymouth Rock was to Pilgrims, Big difference: The landing at Cape Henry took place 13 years before the one at Plymouth Rock - a fact many people do not seem to recognize Cape Henry, in Virginia Beach, is where events began that would later give birth to the United States. Captain John Smith, dressed in official attire, arrived to assure the stories of the Colonists are the full truth. Mr, Rawls assured Captain Smith he need not worry, When the reenactment is performed, Captain Smith will be one of the narrators telling his story from the ship, Mr, Rawls displayed literature promoting the Virginia Beach 2007 Commemoration on the website VB.Fun.com and VB2007.com. Virginia Beach 2007 Events: Getting Involved and Getting the Word Out . Cooperative Marketing/Public Relations - VB 2007, Virginia Beach Convention & Visitors Bureau and Contemporary Art Center of Virginia pooled efforts for the greatest marketing and public relations impact . Cooperation with the State - Virginia Beach was one of the nineteen (19) original Jamestown 2007 community program participants and one of Jamestown 2007 's signature events . Participation in the regional "Journey Up the James" - Regional event promoting Jamestown explorations that occurred April 26-May 13, 1607 . Participation in Jamestown Godspeed Sail Tourism promotion - Six-port city tour of Northeastern United States, promoting Jamestown 2007 . National Media and Marketing - All events are being promoted by the Virginia Beach Convention Visitors Bureau national marketing and public relations efforts Happenings in Virginia Beach in Honor of 2007 . VB 2007 Lecture Series - Prominent authors discuss early Jamestown history - free and open to the public . Four hundred (400) Historical Facts About Virginia Beach - Publication for schools and libraries (included as part of the record) . Preservation priority list of fifty (50) Most Historical Structures in Virginia Beach - Publication of structures identified by local historical authorities . Community Roots Program - Encouraging Virginia Beach community organizations to compile their histories and list them on a common Web site February 27,2007 - 3 - CITY COUNCIL'S BRIEFING VIRGINIA BEACH 2007 COMMEMORATION and ACTIVITIES ITEM # 56111 (Continued) Happenings in Virginia Beach in Honor of 2007 . Virginia Beach School Board Resolution - School instruction to emphasize Virginia Beach 2007 from March 19-21 . Virginia Beach Schools Curriculum Packages (made a part of the record) . Virginia Beach First Landing Student Art Exhibit - Students entering artwork to be featured at Norfolk International Airport, Lynnhaven Mall and the Contemporary Arts Center in April . Virginia Beach Legends Walk - Virginia Beach students choosing the first special inductee honoring 2007 . Virginia Beach 2007 Legacy Projects - Projects recognized by VB 2007 as having lasting economic, cultural, or ecological benefits: . The Virginia Beach Convention Center · Lynnhaven River 2007 · Adam Thoroughgood House Renovations . Facility improvements at First Landing State Park · The Sandler Center for Performing Arts . 100th Anniversary of Virginia Beach - Celebration held in 2006 to commemorate establishment of Virginia Beach . By Our Heirs Forever exhibit at Contemporary Arts Center of Virginia - Provides contemporary artists' interpretation of Magna Carta . The Virginia Beach 2007 Craft Market - Produced at the Virginia Beach Convention Center by the Events Management Group . Virginia Beach Garden Tour 2007 - Produced by the Princess Anne and Virginia Beach Garden Clubs . The First Landing - A film produced by Regent University, recounting the hardships and spiritual importance of the First Landing as seen through the eyes of Reverend Robert Hunt - airing on MSNBC Family Channel on April 30 . The Assembly - A program of prayer and services on the Boardwalk on April 29, projected to attract thousands of visitors, produced by One Nation Under God Inc. . Discover the New World: 1607-2007 - Year-long series of programs/lectures produced by Public Libraries . Henry Towne - A reconstructed village at Fort Story, produced by the First Landing Foundation, featuring Native American dwellings and early 1600 English houses . First Landing Pageant - A pageant depicting the First Landing and its impact upon both the Native Americans and the founding of the new colony, also produced by the First Landing Foundation February 27, 2007 - 4 - C IT Y CO UN C IL' S B R IE FIN G VIRGINIA BEACH 2007 COMMEMORATION and ACTIVITIES ITEM # 56111 (Continued) Virginia Beach 2007 Core Events Magna Carta & Four Foundations of Freedom March 30 - June 18: Exhibition at the Contemporary Art Center of Virginia showcasing the Magna Carta, an early broadside of the Declaration of Independence, notes from the first drafting of the us. Constitution and the Virginia Declaration of Rights, and a printed Emancipation Proclamation signed by Abraham Lincoln April 26: First Landing Reenactments Three Jamestown ships Reconstructed Indian village Reenactments of the First Landing at First Landing State Park (Program repeated on April 27 for school groups) April 27: Lynnhaven River Exploration: Educational exhibits and programs at Lynnhaven River Boat Ramp followed by State of the River address and luncheon April 28: Boardwalk History Festival: Fifteen blocks of exhibits about local Virginia Beach history and institutions, plus entertainment and historical demonstrations April 29: Cape Henry Commemoration Ceremony: A reenactment ceremony of the historical claim of the Jamestown settlers to the New World to be held at Fort Story The Pictorial History of Virginia Beach and Princess Anne County by Stephen Mansfield and The Beach (compiled by Public Library staff and revised) was distributed. Cameron Kitchen, Executive Director - Contemporary Art Center of Virginia, advised the Magna Carta and Four Foundations of Freedom exhibition will open on March 30, 2007, and conclude on June 8, 2007, This Exhibition has been a tremendous undertaking, This Exhibit illustrates the progression of the legacy of the Magna Carta commencing with the Virginia Declaration of Rights and leading to the July 4, 1776, Declaration of Independence, moving to the James Wilson draft of the United States Constitution and on to the Emancipation Proclamation. Additional artifacts are also available concerning the Women's Suffragette and Civic Rights Movements in Virginia. The wonderful artifact of the Woolworth's Counter from Richmond (where civil right sit-ins actually occurred) will be on display, Mr, Kitchen expressed appreciation to Mac Rawls, Lynn Clements, Mark Reed and city staff for allowing the Contemporary Art Center to be a part of Virginia Beach 2007, February 27,2007 - 5 - CITY COUNCIL'S BRIEFING HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE 1:40 P.M. ITEM# 56112 David Bradley, Acting Director - Economic Development, recognized several of the Virginia Beach Development Authority members in attendance: Chairman Donald V. Jellig Dan H. Brockwell Teresa H. Carrington Douglas D. Ellis Elizabeth A. Twohy Mr. Bradley advised, during the February Twentieth meeting of the Virginia Beach Development Authority, the members requested Chairman Jellig forward correspondence to the Mayor and City Council indicating Virginia Beach Development Authority's strong support for the Hampton Roads Economic Development Alliance. Said correspondence is hereby made a part of the record. Commencing the discussion re the Hampton Roads Economic Development Alliance, Mr. Jellig, quoted the United States Department of Labor. "Global competition, a 21st Century economic reality, is typically seen as a national challenge, but the front lines of the battlefield are REGIONAL, where companies, workers, researchers, entrepreneurs, and governments come together to create a competitive advantage. " The Hampton Roads Economic Development Alliance promotes Virginia's Hampton Roads as the perfect location for capital investment and business expansion. As the region's lead economic marketing organization, the Alliance aggressively pursues new business opportunities throughout the world. $3. I-MILLION Annual Budget . Fifteen (15) Participating Localities $1 per capita . $437,768 City of Virginia Beach Contribution (Non-Departmental budget) Over 200 private investors provide $1.36-MILLION in investment with a goal of matching the localities investment. Hampton Roads Economic Development Alliance (HREDA) receives approximately twenty-five percent (25%) of its private sector funding from businesses located in Virginia Beach-a sign of significant support! Total HREDA Private Investors: 02 Virginia Beach Private Investors: 9 Total Private Sector HREDA Support: upport from Virginia Beach Privat $6,114,628 ector: $1,534,735 February 27,2007 - 6 - CITY COUNCIL'S BRIEFING HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE ITEM# 56112 (Continued) Jones Hooks, President and Chief Executive Officer - Hampton Roads Economic Development Alliance, advised the motto of the HREDA is "always leverage and never duplicate". Dollars are scarce and valuable to each program, The Alliance is a marketing service organization (new business attraction) . The Department of Economic Development is the deal closer. xisting Industry Existing Industry generates 70% of all new jobs ssetDevelopment Parks and Facilities mall Business ospitality / Tourism 2()06: Another Aggressive Year Project Sources Research 2% 233 Corporate Appointments 107 Consultant Appointments 75 Client Visits 15 Domestic Marketing Missions 13 Domestic Trade Shows Marketing Missrins 57% 2 International Trade Shows 15 International Marketing Missions 13 Special Events IS Consultant Missions and Events &okerl Consultant 6% 22,553 Telephone Call. Direc IfW eb Driven 8% Ci~~ of Virginia Beach join.v Alliance Team/ill' ,lfunich Mi.\'sion and Bu.\'inen Seminar February 27,2007 - 7 - CITY COUNCIL'S BRIEFING HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE ITEM # 56112 (Continued) Mr. Hooks displayed examples of HREDA promotional advertisements during the past year highlighting the image of the City of Virginia Beach. Last year, approximately 51-MILLION was expended on advertising. Mr, Hooks referenced select Virginia Beach Client Updates: Project Sensor . British technology company manufactures vacuum tubes, radar systems and sensor products US sales office and distribution center is currently based in New York and is considering a relocation of their U.S. operation . The company visited Virginia Beach in August 2006 . Project is on holdfor at least one year as the company focuses their attention on restructuring their operations as a result of a French business that they recently acquired Project Card stock High-end paper goods company that is seeking a 60,000 sq. ft. center expandable to 120,000 sq. ft. . In November 2006, the company visited Corporate Landing in Virginia Beach Phase 1 of the project will include 43 employees at an annual payroll of 51.6 million; Phase 2 will add 80 jobs and will include some office operations . The project has been placed on hold until the company relocates its European distribution center · A return visit is expected 3rd Quarter 2007 Project AE British-based global electronics distributor looking for a facility to house a 5-7 person sales office and a 3,000 SF distribution center . Company visited Virginia Beach in November 2006 . In January 2007, the company incorporated in the USA with the goal to be operational by June 2007 . The next visit is planned for April 2007 at which time a facility will be selected and a lease signed Project Paterson . Designs and manufactures components and sensorsfor the aerospace industry and is looking to relocate their New Jersey operation (upscale office component separatedfrom a manufacturing building for stamping components) Visited Virginia Beach in August 2006 In January, the client informed HREDA of a change of project scope; the sales and engineering staff will remain in New Jersey, but the company is still looking to relocate manufacturing operations · Another visit is scheduledfor May/June 2007 February 27, 2007 - 8 - CITY COUNCIL'S BRIEFING HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE ITEM # 56112 (Conitnued) Hampton Roads Competitiveness Study Key Points - Assets · World class seaport / strong port activity · Generally favorable quality of life · Right to work state · Scale (size) of region & central East Coast location · Strong Military Presence · Breadth and depth of labor market · Diverse Industry Base · Moderate Business Cost University / College Infrastructure Key Points - Disadvantages · Potential for future labor shortages . Labor shortages in specific areas - IT, specialized engineering Increasing labor competition and market tightness . Limited clustering, especially advanced manufacturing / R&D . Presence of high-profile companies in the region generally not known outside the area · Lack of Leading Edge Incentives · State of Virginia · Local incentives · Machinery and tools tax No tax credit explicitly for headquarters · Poor national/international air access Highway Transportation · Distant linkages to 1-95 and 1-85 Difficult commuting patterns over waterways · Lack of available modern industrial and office buildings Virginia Beach Competitiveness Issues . Low Unemployment · Virginia Beach: 3.1% · U.S. Average: 4.6% A vailability of Product Virginia Beach vacancy rate: 5.3 7% Hampton Roads vacancy rate: 7.40% Housin Costs New Existing Home Home $464,344 $331,098 . . Virginia each outhside ampton oads ifference $371,899 $237,688 92,444 $93,409 February 27, 2007 - 9 - CITY COUNCIL'S BRIEFING HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE ITEM# 56112 (Continued) Initiatives designed specifically for the City of Virginia Beach: ./ Marketing Mission to Israel ./ Northern Virginia event with government and defense contractors ./ Minority Manufacturing Alignment Symposium ./ Headquarters Marketing Mission ./ Medical Sector Marketing Mission ./ India Marketing Mission and Governor's Trade Mission ./ Nomination of Virginia Beach as one of Foreign Direct Investment Magazine's 2007-2008 North American Cities of the Future Mr, Hooks advised Mayor Oberndorf will participate in the India Marketing Mission and Governor's Trade Mission. Mayor Oberndorf advised this is a FIRST for the Governor to invite the City to participate, The Alliance advised they would not sponsor unless the City of Virginia Beach was invited. Today, the Alliance received an inquiry from the Richmond media requesting additional information concerning headquarter opportunities in the City of Virginia Beach. Virginia Beach Economic Development Target Markets · Department of Defense and Security Firms · Engineering and Management Business Services/Professional Services · Corporate Regional Offices Corporate Information Management Centers · Computers and Data Processing Services · Training and Development · High Performance Manufacturing · Marine Services and Water Transportation Telecommunications Radio and Television Special Communication Services Mr. Hooks and Michael Barrett, Vice Chair - HREDA, recognized the private sector Investors from the Hampton Roads Economic Development Alliance in attendance: Jerry Clark,- Chair (President - Peninsula Sun Trust Bank) MmeBarre~ VkeChau William Hargrove - Member Doug Ellis - Member Virginia Beach Development Authority Cami Hahn - Cox Cable Rob Brown - Treasurer Tom Lucas - Troutman and Sanders February 27, 2007 - 10- CITY COUNCIL'S BRIEFING HAMPTON ROADS ECONONMIC DEVELOPMENT ALLIANCE ITEM # 56112 (Continued) Mr, Barrett advised Forward Hampton Road was the predecessor organization to the Hampton Roads Economic Development Alliance, After a number of years, Forward Hampton Roads, consisting of privately investedfund, proved not to be competitive with Richmond, Charlotte, Raleigh, Greensboro (our Regional competitors), Fifteen (15) political jurisdictions formed the Hampton Roads Economic Development Alliance, consisting of one-half private and one-half public funds, During the last five (5) year period), six dollars ($6,00) has been returned to the City of Virginia Beachfor every dollar ($1,00) invested in the Alliance, Councilman DeSteph requested the information be provided for the last three (3) years re true return investment, The information shall be provided. Mayor Oberndorf advised this City Council and previous City Councils did draw perimeters with salaries at the very minimum of $35,000 per year, encompassing health care and retirement, Virginia Beach does not believe in emphasizing warehousing. The Princess Anne Commons area is being reviewed as there is more emphasis placed on medical opportunities. The City is looking to be anchored by jobs that can create a middle class, or prepare to support a middle class, to continue to be a forward city where the younger generation wants to return to live, work and raise their families. February 27,2007 - 11 - CITY MANAGERS BRIEFING LAKE RUDEE DREDGING 2:35 P.M. ITEM # 56113 The City Manager advised Councilman Uhrin has received requests re placing dredge spoils and dredging in the Lake Rudee Basin. Phil Roehrs, Coastal Engineer - Public Works, advised a group of individuals had approached the City to utilize the Lake Rudee disposal area. Rudee Inlet is a manmade inlet on an active shoreline so sand is moved across the inlet, The inner harbor, the section in the back, is also a public channel for which the City and the United States Army Corps of Engineers jointly assume responsibility for maintaining this Channel. These sediments are entirely different from those in the Inlet, These are not sands from the ocean, but sediments that come off the back of development; and, therefore, not suitable to be placed on the Beach. The United States Army Corps of Engineers and the City have had an alternative permitted: Lake Rudee Disposal Area. The City Council directed staff to focus on Lake Rudee, but actually Lake Wesley is also a disposal site, The majority of Lake Rudee and Lake Wesley is manmade, The Erosion Commission, former quasi State agency, mined Lake Rudee and Lake Wesley placing almost 20- MILLION cubic yards of sand onto the Beach. In the process, very deep holes was made into the water basins. The City owns the bottom of Lake Rudee, as it once was high ground. The City and Corps have a permit to place dredged material from the inner harbor into this deep hole in Lake Rudee. There is approximately 160,000 cubic yards of capacity remaining to place dredged material, The Channel system for this inner harbor shoals at a rate of 1500 cubic yards per year. If there are not any projected policy changes, this disposal area has a projected life of at least one hundred (100) years, Open water disposal is not a common practice; very few environmental permits are issued for open water disposal. Mr, Roehrs displayed a cross section of Lake Rudee, with very deep water (25 to 30-foot deep), artificially dug). The Inlet was maintained at a 10-foot depth; therefore, the flow in and out of the Inlet is all in the top 10 feet. Typically, there is only a 3-foot tide, at Rudee Inlet, The agencies found there was very little mixing of fresh incoming salt water. Over time, these deeper holes have stagnated with little oxygen present in the water, Placing dredged material into these deep holes would actually be more favorable to the marine life in the Inlet. February 27,2007 - 12 - CITY MANAGERS BRIEFING LAKE RUDEE DREDGING ITEM #56113 (Continued) There appears to be capacity to allow the citizens to utilize the Disposal Area, but there are two (2) cautions: the City has a permit with the United States Army Corps of Engineers to place material hydraulically (well under water); the smaller neighborhood channels and Marinas lining the Inlet which may want to take advantage of this disposal area do not really lend themselves to hydraulic dredging. They do lend themselves more to mechanical dredging. Councilman Uhrin advised several residents had requested the ability to utilize the spoil site in terms of dredging around their homes. Councilman Uhrin requested the City Attorney DRAFT a Resolutionfor a future City Council Session. Mr, Roehrs advised the Resolution would allow the City Manager to authorize use of the spoil site and this use could be terminated if over utilized However, with over 160,000 cubic yards of capacity for disposal, there is a tremendous volume, Mr, Roehrs advised Virginia Beach Erosion Commission took 2-MILLION cubic yards of sand out of this Basin and created the lakes, Approximately thirty-five feet was as deep as they could dredge, It will be filled with material from within the basin. The two types of contracts that impact Lake Wesley are the Rudee Inlet Annual Maintenance Dredging Contract (30 to 40-day contract with fewer pieces of equipment) and the Beach Replenishment Contracts. The United States Army Corps of Engineers has agreed to DRAFT a new contract with restrictive language stating what can and cannot be placed in Lake Wesley, Relative the Sandbridge sand replenishment contract this Summer, hopefully the Federal government will be a partner and some of the funding will be removed from the Tax Increment Financing, leaving adequate resources for replenishment and additional ones in the future. February 27, 2007 - 13 - CITY MANAGERS BRIEFING LAKE RUDEE DREDGING ITEM # 56113 (Continued) "~ Capacity: 160'()(}9.-cY1"~~ ?~"U==7- ShOaliJJg.i~";500 cy/yr \J ;/ (/ 'm ',"DRR . ,/t.~~~YD~~,~~~~.f {~ . ..,>~:~~/? L. /_ ~~~~ CR~~;~ l;:=~=-, =R:~:;,~~.::~,:':.~':.....l () Maximum Disposal Depth = -12' .~:::: :/'" \~~m /" ~ ~~.\< r~~1 \~:~ =7 , 7r~~_ /" Ruden Inlet federal Channel L.ake Rudee Disposal Area Not 10 Scale IN: Virginia Beach AT: Rudeo Inl(~l STATE: VA APPLICATION BY: Cily of Virgini,., Bt13G M;olfCh 12, 2003 This Resolution has been tentatively scheduled for the City Council Session of March 6, 2007, for residents to utilize the Rudee Inlet Spoil Site. February 27,2007 - 14 - CITY COUNCIL COMMENTS 2: 50 P.M. ITEM # 56114 Mayor Oberndorf shared with City Council the City of Meridian, Mississippi's, 2006 Annual Report Mayor Oberndorf advised their budget is fairly uncomplicated with the population being only approximately 48,000 citizens. Mayor Oberndorf citied examples of statistics: Cash Carry Forward: 19% - $10,460,205, with a Debt Service of 14% - $7,814,920. Meridian is also building a Performing Arts Theatre. ITEM # 56115 Council Lady Wilson referenced Governor Kaine was on the radio concerning transportation and he was going to speak to the local leaders to determine their preferences prior to his making any changes in the Transportation Bill, HB3202 Vice Mayor Jones advised the Metropolitan Planning Organization (MPO) met this morning, February 27, 2007, and the MPO preferred not having the commercial real estate tax but would prefer having a 3~ gas tax contained in this Bill. Governor Kane will receive the Bill and have an opportunity to AMEND same. Then, the Bill will be returned to the Legislators, The MPO is going to request the Governor AMEND the Bill to either remove the commercial real estate tax from the Bill and include the # gas tax or AMEND the Bill allowing the localities, meaning the Regional Authority, to have the 3~ gas tax without the commercial real estate tax or be allowed to have the commercial real estate tax, One of the accomplishments made by the MPO was seven (7) of the localities would have to approve whatever the plan would be as well as require approval of 50% of the population. Because of its population, Virginia Beach has a considerable amount of leverage. Vice Mayor Jones hopes the City Council would remain with the premises "not to have a commercial real estate tax ", In his view, the City Council's position should be not be in favor of the commercial real estate tax, but in favor of the increase in the gas tax, Mayor Oberndorf advised the only real funds the cities have to operate is the real estate tax. Once we allow the State to divest itself of any responsibility for paying for transportation and take away all of the tax on the real estate, the City will not attract businesses, nor fund the finest school system. ITEM # 56116 Councilman DeSteph distributed a proposed Resolution DIRECTING the City Manager prepare the City's Annual Budget based upon limited growth in the overall budget. Councilman DeSteph wished this Ordinance scheduled for a future City Council Session. The concept is to limit the budget increase each year to 3,5%, which is approximately $37-MILLION and then tying the budget next years and future years to the cost of living, ITEM # 56117 Councilman Dyer expressed appreciation to the City Manager relative his letter of support concerning flooding in the area of Rosemont Forest. A viable system of storm water improvements can address the localized flooding experienced in the neighborhood and City Staff is in the process of communicating this information to the residents of Rosemont Forest. Staff can proceed with design, using the $600,000 provided from the Fund Balance for FY 2005/06 and examine opportunities to fund the construction cost in future City updates to the Capital Budget, A RFP is currently being prepared to select a design Architectural/Engineering firm for this project, Councilman Dyer requested this item be prioritized. Council Lady McClanan also expressed support of this project. Council Lady McClanan wished the other localities located near Mount Trashmore and the Lakes be placed in line for funding concerning the flooding. February 27,2007 - 15 - CITY COUNCIL COMMENTS ITEM # 56118 Councilman Dyer referenced the Gang Awareness Task Force Public Forum, Wednesday, March 7, from 7:00 to 9:00 P.M. at the Virginia Beach Convention Center. The Community needs to be involved. While Councilman Dyer was out of the city last week, his wife noticed gang graffiti, She called 888-Lock U Up phone number, The police officer called the next day, Four (4) arrests were made and the "graffiti ring" in the Centerville District was" busted". Mayor Oberndorf advised of a very large meeting in Miami, Florida, March 21 - 23, 2007, concerning Gang Awareness, Mayor Diaz has requested all the Mayors in the United States Conference of Mayors attend. The Mayors were also requested to bring their Police Chief Mayor Oberndorf advised the cities are pursuing their law suit against Virginia alleging the most illegal weapons sold in New York, Chicago and Boston come from the Commonwealth of Virginia. ITEM # 56119 Council Lady Henley referenced the report contained within the City Manager's package entitled: "Pungo Crossing - Virginia Beach, Virginia" Strategies for a Rural Gateway, prepared by the Urban Land Institute. During the Summer of 2005, a group of Pungo Village landowners requested the City Council support a land use study of the area immediately around Indian River and Princess Anne Roads, On March 14, 2006, the City Council ADOPTED a Resolution to AUTHORIZE the City Manager to execute an agreement with the Urban Land Institute (ULI) to perform the land use study. The City Council must now determine the process to follow There will be an inclusive discussion with all parties involved. Council Lady Henley wished to DISCLOSE the Henley Farm Market is pictured in the document and on part of the cover. The Henley farm does not own any property in this immediate area, only a tenant on a "year by year" lease. Council Lady Henley is assuming City Council will wish to have a Briefing relative this study and then decide the process. Council Lady Henley assumed this Pungo Crossing Study would be reviewed in conjunction with the Comprehensive Plan. ITEM # 56120 Council Lady McClanan referenced the outlying field in North Carolina. The Navy has made it clear for the City of Virginia Beach to continue with NAS Oceana, the outlying field in North Carolina is essential, Council Lady McClanan supports this concept, The City Manager advised the Draft Supplementary Environmental Impact Statement (DSEIS) is now being reviewed, consisting of approximately 1250 pages, The outlying field in North Carolina, if built would remove much of the pressure from NAS Oceana and Fentress. Recommendations will be provided for City Council to take a position by April 24, 2007, Mayor Oberndorfwanted to make it clear the City Council is not trying to limit Oceana to a short life span in Virginia Beach. The City looks forward to continuing to host the Master Jet Base for many years in the future. February 27,2007 - 16 - AGE N DA REV IE W S E S ION 3:21 P.M. ITEM # 56121 J1. Resolution PROVIDINGfor the issuance and sale of$75,000, 000 General Obligation Public Improvement Bonds, Series 2007, re financing various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects. Patricia Phillips, Director of Finance, distributed information re Fitch rating Virginia Beach's $75- MILLION General Obligation Bonds "AA+; a Stable Outlook. Standard and Poors also reaffirmed the City's existing credit rating. Standards and Pours reflected a AA + and Moody's a AA 1, which is the highest double AA Category, The Summary of the 2004-2005 Charter Bond Allocation was distributed. ITEM # 56122 J2. Resolution AFFIRMING that the provision of high-quality Workforce Housing is a desirable goal of the City and that appropriate ordinances directed toward achieving such goal be developed. Councilman DeSteph advised he has no problem with a voluntary program tied to increasing density, but he does have a problem with a mandatory program and the City carrying a second mortgage or lien! Councilman DeSteph has reviewed this concept with multiple jurisdictions who have had similar programs over the past. ITEM # 56123 BY CONSENSUS, the following shall compose the CONSENT AGENDA: l ORDINANCES 1. Ordinances to AMEND the City Code: a. 9 6-12 re riding horses or driving vehicles on the beach or dunes to allow one all terrain vehicle between June 1 and August 31 re search for sea turtle nesting indicators, stranded sea turtles and marine mammals b, 9921-302 and 21-303 re stopping or parking on highways to allow certain City employees to park City vehicles on the left side of two-way streets when performing official duties that require repeated exit and entry from their vehicles 2. Ordinance REQUESTING the Virginia Department of Transportation (VDOT) establish a project under the Congestion Mitigation and Air Quality Program re Salem Road/Princess Anne Road intersection improvement; and, to ACCEPT and APPROPRIATE a $300,000 grant to relieve congestion February 27,2007 - 17 - AGE N DA REV I E W S E S ION ITEM # 56123 (Continued) 3. Ordinance to TRANSFER $84,675 from the Police Department's operating budget to the Commonwealth Attorney's Office FY 2006-07 operating budget and $26,135 within the Commonwealth Attorney's Office FY 2006-07 operating budget to continue the prosecution of domestic violence cases. J. RESOLUTIONS 1. Resolution PROVIDINGfor the issuance and sale of$75,000, 000 General Obligation Public Improvement Bonds, Series 2007, re financing various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, 2. Resolution AFFIRMING that the provision of high-quality Workforce Housing is a desirable goal of the City and that appropriate ordinances directed toward achieving such goal be developed. 3, Resolutions REQUESTING the Virginia Department of Transportation (VDOT) ACCEPT: a, additional streets for urban maintenance payments b, corrections to the road inventory for urban maintenance payments 4. Resolutions for ENDORSEMENT of Virginia Department of Transportation (VDOT) urban highway projects for Bicycle and Pedestrian Safety Grant funding: a, Pacific Avenue between 5th and 43rd Streets b. Shore Drive between Kendall Street and Vista Circle Council Lady McClanan shall vote a verbal Nay on Item J.2. (Workforce Housing) February 27, 2007 - 18 - AGE N DA REV I E W S E S ION ITEM # 56124 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT Agenda: K. PLANNING 1, Application of RICHARD c., JR, and KIMBERLY C. MCCULLOUGH for the closure of a portion of an unimproved alley adjacent to 813 Vanderbilt Avenue, Croatan Beach. (DISTRICT 6 - BEACH) 2. Ordinance AMENDING Sections 111, 601, 801, and 901, ADDING Section 241,1 establishing definitions of single room occupancy facility and Single Room Occupancy Unit and establishing specific standards and applicable districts for a single room occupancy facility, 3. Applications of VIRGINIA SUPPORTIVE HOUSING at 964 S. Military Highway (DISTRICT 1 - CENTERVILLE): a, Change of Zoning from B-2 Community Business District to A-12 Apartment District b, Conditional Use Permit to develop a single room occupancy facility 4. Application of A.O.S. PROPERTIES, L.L.C. for a Change ofZoninf! District Classilicationfrom AG-I and AG-2 Agricultural District to Conditional R-15 Residential District at 2433 and 2437 Salem Road to consolidate two existing properties re development of single f mily residential lots, (DISTRICT 7 - PRINCESS ANNE) 5, Application of MICHAEL D. SIFEN, INC. for a Change of Zoninf! District Classilicationfrom B-2 Community Business District and R-IO Residential District to Conditional B-IA Limited Community Business District at 251, 263 and 267 North Lynnhaven Road to develop a strip retail center, (DISTRICT 3 - ROSE HALL) 6. Application of VIRGINIA WESLEYAN COLLEGE for a Conditional Use Permit for student dormitories at 5817 Wesleyan Drive (DISTRICT 2 - KEMPSVILLE) February 27,2007 - 19 - ITEM # 56125 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-3711 (A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A}(1) Council Appointments: Boards, Commissions, Committees, Authorities and Agencies PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.2-3711 (A}(3), Use of Public Property Centerville District LEGAL MATTERS: Consultation with legal counselor briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-3711 (A}(7). Renukunta, Radhakrishna, et al v. City of Virginia Beach AHR Communications lnc, v, City of Virginia Beach Commonwealth of Virginia/City of Virginia v, Rumsfeld Commonwealth of Virginia/City of Virginia Beach v. Gimble SPSA Yard Waste Facility Upon motion by Councilman Uhrin, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION (3: 53 P.M.). Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A, Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent,' James L. Wood [Leftfor Funeral at 2:33 P.M, returned 4:40 P.Mj. (Closed Session: 3:57 P.M. -4:03 P.M.) (Dinner: 5:50 P.M. - 6:00 P.M.) February 27, 2007 - 20- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL February 27, 2007 6:09 P.M. Mayor Meyer E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, February 27,2007, at 6:00 P,M Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Robert M Dyer [Left - very ill) INVOCATION: Rabbi Israel Zoberman Beth Chaverini Synagogue PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions, However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge, In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure, Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker Realty, Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge, In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict, If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure, Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. February 27, 2007 - 21 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 56126 Upon motion by Vice mayor Jones, , seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies, AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: William R, "Bill" DeSteph, Harry E, Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer February 27,2007 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #56125 Page 19, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS: Section 22-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law, NOff, THEREFORE, BE IT RESOL VED: 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. ~-7',/J#~~ th Hodges Fraser, MMC City Clerk February 27, 2007 - 22- Item V-F.l. MINUTES ITEM #56127 Upon motion by Council Lady Wilson, seconded by Councilman Villanueva, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of February 13,2007, Voting: 9-0 Council Members Voting Aye: William R, "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Mayor Meyera E. Oberndorf Council Members Absent: Robert M Dyer Mayor Oberndorf ABSTAINED as she was not in attendance, but out of the City on business attending the U.S. Conference of Mayors. February 27, 2007 - 23 - Item V-G 1. ADOPTAGENDA FOR FORMAL SESSION ITEM 56128 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION February 27, 2007 - 24- Item V.I/J. ORDINANCES/RESOLUTIONS ITEM #56129 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION Ordinances 1 a/b!, 2, 3 and Resolutions 1, 2, 3a/b/ and 4a/b/ of the CONSENT AGENDA Voting: 10-0 (By Consent) Council Members Voting Aye: William R, "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer Council Lady McClanan voted a VERBAL NAY on Item J.2. (Workforce Housing) February 27,2007 - 25 - Item V-Llalb ORDINANCES/RESOLUTIONS ITEM #56130 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinances to AMEND the City Code: a. ~ 6-12 re riding horses or driving vehicles on the beach or dunes to allow one all terrain vehicle between June 1 and August 31 re search for sea turtle nesting indicators, stranded sea turtles and marine mammals b. ~~ 21-302 and 21-303 re stopping or parking on highways to allow certain City employees to park City vehicles on the left side of two-way streets when performing official duties that require repeated exit and entry from their vehicles Voting: 10-0 (By Consent) Council Members Voting Aye: William R, "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer February 27,2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE TO AMEND SECTION 6-12 OF THE CITY CODE PERTAINING TO RIDING HORSES OR DRIVING VEHICLES ON THE BEACH OR DUNES SECTION AMENDED: 6-12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 6-12 of the Code of the City of Virginia Beach, Virginia, is hereby amended to read as follows: Sec. 6-12. Riding horses or driving vehicles on beach or dunes. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 (a) It shall be unlawful for any person to ride a horse or any other animal or to operate or drive a vehicle of any kind on the public beaches or upon the sand dunes within the city, except that area between the ocean and sand dunes south of the exit ramp at the southern end of Little Island Recreation Park (now being used as a public way to commute back and forth to a place of residence). (b) The provisions of this section shall not apply to the police mounted patrol, city vehicles operated while cleaning or working on the beach, police and emergency vehicles, erosion commission vehicles, vehicles of net fishermen operating under proper permits, e-r vehicles operated by physically handicapped persons by permission of the city manager or his designee, or vehicles operated by wildlife rescue workers pursuant to written authorization by the Police Department's Second Precinct Commander. (c) The provisions of this section shall not apply in the resort area between November 1 and April 15 to conduct that is explicitly authorized by a special events permit issued pursuant to City Code section 4-1 or by franchise awarded by the city council. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 27th day of February, 2007. 1 2 3 4 5 6 7 8 AN ORDINANCE TO AMEND SECTIONS 21-302 AND 21- 303 OF THE CITY CODE PERTAINING TO STOPPING OR PARKING ON HIGHWAYS SECTIONS AMENDED: ~~ 21-302 and 21-303 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 That Sections 21-302 and 21-303 of the City Code are hereby amended and reordained, to read as follows: Sec. 21-302. Stopping or parking on highways generally. (a) Except when actually loading or unloading merchandise, as permitted in this chapter, no vehicle shall be stopped except close to and parallel to the right h~nd edge of the curb or roadway, except that a vehicle m~y bc 8toppcd clooc to ~nd p~r~llcl to thc lcft h~nd curb or cdgc of thc ro~dTv;~Y on onc ,,;a.y otrccto or may be parked at an angle, where permitted. (b) Exccpt \;hcn ~ctu~lly lo~ding or unlo~ding mcrch~ndioc, ~o pcrmittcd in thio ch~ptcr, no vchiclc oh~ll bc otoppcd cxccpt clooc to ~nd p~r~llcl to thc right h~nd cdgc of thc curb or ro~dTvvTa.y , cxccpt th~t ~ vchiclc m~y bc 8toppcd clooc to ~nd p~r~llcl to thc left h~nd curb or edge of the ro~dTvJ~y on one "v'a.y otreet8 or ffia.y be p~rJced ~t ~n ~ngle, ,,;here permitted. lQl+e+ All trailers with a gross vehicle weight of less than ten thousand (10,000) pounds shall either be fitted with reflective tape or sheeting on the rear upright side posts of the trailer in a manner clearly visible to approaching traffic, or shall place a reflective cone behind the rear portion of the trailer which is closest to the center of the street. penalties for Sec. 21-303. General parking violation. prohibitions; (a) No person shall park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control device, in any of the following places: (1) Within fifteen (15) feet of a fire hydrant. (2) within any designated fire lane. (3) At any place so as to block any fire department 47 connection. 48 (4) within fifteen (15) feet of the driveway entrance to any 49 fire station and, on the side of a street opposite the 50 entrance to any fire station, within seventy-five (75) 51 feet of the entrance, when properly signposted. 52 (5) within fifteen (15) feet of the entrance to a building 53 housing rescue squad equipment or ambulances, provided 54 such buildings are plainly designated. 55 (6) In front of a public or private driveway. 56 (7) Within an intersection. 57 (8) On the roadway side of any vehicle parked at the edge or 58 curb of a street (double parking) . 59 (9) Upon any bridge or other elevated structure upon a street 60 or highway or within a tunnel. 61 (10) On the left-hand side of roadway of a two-way street. 62 The provisions of this sub-section exclude those City 63 vehicles operated by City employees executinq official 64 duties that require repeated vehicle exit and entry. 65 (11) At any place so as to impede or render dangerous the use 66 of any street or highway. 67 68 69 70 71 Adopted by the City Council of the City of Virginia Beach, 72 Virginia, on this 27th day of February, 2007. 2 - 26- Item V-I.2. ORDINANCES/RESOLUTIONS ITEM #56131 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance REQUESTING the Virginia Department of Transportation (VDOT) establish a project under the Congestion Mitigation and Air Quality Program re Salem Road/Princess Anne Road intersection improvement; and, to ACCEPT and APPROPRIATE a $300,000 grant to relieve congestion Voting: 10-0 (By Consent) Council Members Voting Aye: William R, "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer February 27,2007 1 AN ORDINANCE TO REQUEST THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO ESTABLISH A 3 PROJECT UNDER THE CONGESTION MITIGATION AND 4 AIR QUALITY PROGRAM, TO ESTABLISH CIP #2-150, 5 SALEM ROAD / PRINCESS ANNE ROAD INTERSECTION 6 IMPROVEMENT, AND TO ACCEPT AND APPROPRIATE A 7 GRANT IN THE AMOUNT OF $300,000 TO RELIEVE 8 CONGESTION 9 10 WHEREAS, in accordance with Virginia Department of 11 Transportation allocations procedures, it is necessary that Council 12 request VDOT to program an urban highway project in the City of 13 Virginia Beach; 14 WHEREAS, the Hampton Roads Planning Commission has awarded the 15 City a Congestion Mitigation and Air Quality (CMAQ) grant totaling 16 $ 900,000 for improvements at the intersection of Salem Road and 17 Princess Anne Road; 18 WHEREAS, $300,000 of the CMAQ grant funds are available in FY 19 2007 and $600,000 of the grant funds will be available after 20 October 1, 2007. 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 1. That the City Council of the City of Virginia Beach, 24 Virginia, requests the Virginia Department of Transportation to 25 establish an urban system highway project for the improvement of 26 the intersection of Salem Road and Princess Anne Road; 27 2. That the Council of the City of Virginia Beach agrees to 28 pay its share of the total cost for preliminary engineering, right- 29 of-way and construction of this project in accordance with Section 30 33.1-44 of the Code of Virginia, and that, if the City of Virginia 31 Beach subsequently elects to cancel this project, the City of 32 Virginia Beach hereby agrees to reimburse the Virginia Department 33 of Transportation for the total amount of the costs expended by the 34 Department through the date the Department is notified of such 35 cancellation. 36 3. That the City Manager is hereby authorized to execute on 37 behalf of the City of Virginia Beach all necessary project 38 agreements. 39 4. That CIP #2-150, Salem Road / Princess Anne Road 40 Intersection Improvement is hereby established as a capital 41 proj ect. 42 5. That $300,000 is accepted from the Virginia Department of 43 Transportation and appropriated to CIP #2-150, Salem Road / 44 Princess Anne Road Intersection Improvement, with estimated 45 revenues increased accordingly. 46 Adopted by the Council of the City of Virginia Beach, 47 Virginia, on the 27th day of February ,2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /t ;;;e~~- City Attorney' fflee CA10265 v:\applications\citylawprod\cycom32\Wpdocs\DOOl\POOl\O0027533.DOC R-2 February 1, 2007 2 X:\Projects\ARC Files\Agenda Maps\PA - Salem - 27- Item V-L3. ORDINANCES/RESOLUTIONS ITEM #56132 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to TRANSFER $84,675 from the Police Department's operating budget to the Commonwealth's Attorney's Office FY 2006-07 operating budget and $26,135 within the Commonwealth's Attorney's Office FY 2006-07 operating budget to continue the prosecution of domestic violence cases. Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer February 27,2007 1 AN ORDINANCE TO REALLOCATE $110,810 IN 2 REMAINING FUNDS FROM THE FY 2004-05 DOMESTIC 3 VIOLENCE GRANT FROM THE U. S. DEPARTMENT OF 4 JUSTICE TO THE FY 2006-07 OPERATING BUDGET OF 5 THE COMMONWEALTH'S ATTORNEY'S OFFICE TO 6 CONTINUE THE PROSECUTION OF DOMESTIC VIOLENCE 7 CASES 8 WHEREAS, the United States Department of Justice has approved 9 the use of expired grant funding to continue funding the salaries 10 and fringe benefits for two full-time positions in the Virginia 11 Beach Commonwealth's Attorney's Office related to the prosecution 12 of domestic violence cases. 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 17 1. That $84,675 is hereby transferred from the Police 18 Department's Operating Budget to the FY 2006-07 Operating Budget 19 of the Commonwealth's Attorney's Office to continue funding for 20 two existing full-time positions related to the prosecution of 21 domestic violence cases, with revenue from the federal government 22 reflected accordingly. 23 24 2. That $26,135 is hereby transferred within the FY 2006-07 25 Operating Budget of the Commonwealth's Attorney's Office to 26 continue funding for two existing full-time positions related to 27 the prosecution of domestic violence cases, with revenue from the 28 federal government reflected accordingly. 29 30 3. That the two full-time positions funded by this grant 31 will be terminated if federal grant revenue is exhausted. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia 34 on the 27th day of F~hrllrlry , 2007. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY J~~ City Attorney' Of~ce CA10273 V:\applications\citylawprod\cycorn32\Wpdocs\D015\P001\O0028382.DOC R-2 February 15, 2007 .. .. . -Hamilton, Ann.- <Anne.Hamilton@usdoj,gov> 021061200703:12 PM To <VRogers@oca.vbgov.com> cc bee Subjec.t RE:Budget Amendmerit/Modification Yes, that is fine. Let me kno~ if you need anything further. sorry for the delay in my response. . Haveii,- goo? day~. Anne -----Original Message----- :From: VRogers@oca.vbgov~com (mailto:VRogers@oca.vbgov.com] Sent: Wednesday, January 31, 2007 10:38 AM To: Hamilton, Anne Subject: 'Fw: Budget Amen~ent/Mqdification Just making sure you got the below as I am awaiting a .confirmation. Also, the below was extremely "brief as we hadalready.outlinad these changes in an official letcer to you (see attached). It may have gotten lost or filed as it was'a part of the GAN we submitted (you deleeed the GAN" as it was not necessary since we received the supplemental award and . everything converted to one pot of money versus two). Questions, please call me. Thanks. (See attached file: dV~?C~93007 .d.oc) ~***~~.**********.*.***********.~~~.*****-*.*~*..**** Vicki P. Rogers Administrative Specialist office af the Commonwealth's Attorney 2425 Nimmo Parkway, lOB/2nd Flao:c . Virginia Beach, VA 23456 (7S7) 385-6723 (Office) (757) 646-2~Q9 (Cell) (757) 385-1288 (Fax) Forwarded by Vicki P Rogers/VAB/vcArs on 01/31/2007 20:25 AM -~--- Vicki P Rogera/VAB/VCAIS To 02/26/2007 q3:1l PM lume. Hamilton co Ab _" mchi!i9@vbgov. com; .ane~bgov. com, Chap~~n/VA?/VCAIS@VCAIS Subject Budget AmenctmentjModification 7.0'.-1 7.C:;:R inn? J::I qa~ RR?ICjRJ::/Cj/ :xe~ 1-1111:jR I1A lllli \.lllill~JO:I " .. I decided to go ahea4anc~ ,put tMe if! writing ~hile it...wa~ fresh in my mind" It was good 1;.alkingwi th Y9U tliia af.t~:ip.o.6h. . ':~ ,: ' . Our original award (944,000) inCluded money for overtime for police offi~erl3". This mO,ney was,. :q.ot fu;LJY u~ilize51 a:nd,i~ sd.ll av~:i.la?le . (79,514) in the personnel/FringeHaccountEl 'of the grant:. We will be. using this mon~yto as~ist ~s in keeping all grant emPloyees: on the payroll for as long as possible. 'Ou:r first award hired (2) attorneys,.. (1) paralegal, (1) clerk, (1) Victim. witnes.s Caseworker and (2) Vict.i.m Witness Advocates .in samaritan .House." ..'Our .supp:tem~nt~.l aWa:l:"d.. (4.bo~.O.9()J on.ly" al1..ow:~.a,for (1) attorney, . (1) paralegal, . (1) cl~i-k a:v.d (1). Outreach. Coordinator in samaritan House. We will use che funding originally given to police for overtime to keep .che .2nd attorn~y, tl:J,eyic.ti!l\ Wit~ess Casewor.ker and the (2) Viccim Witness Advocates that were not apart of the supplemental a.ward on the payroll for. .as loni::r afl p05~db'.le'. ' .. -" . .. There is approximately $29;184 in other categories (not personnel and fringe) that we will move 'up to'Salary aha FriDge.aswell. . Tnis amount is leas than 10't of the total award 'therefore we do not need to do a budget. modification at this ti~e. Please confirm so chat we can proceed.with the above. Thank you. * 1( **.* ** *** *** 1Ii.. ******'*** * * *** ** *1:......"Ii"* *** *'*** *..'****** Vicki P. Rogers . Administrative Specialist Office of the Commonwealth's Attorney 2425 Nimmo parkway, lOB/2nd Floo'i- Virginia Beach, VA 234S6 .(757) 385-8723 (Office) (757) 646-2969 (Cell) (757) 385-1268 (Fax) Rn "rJ r.O:;:R Inn7. r~ I Qa~ RQ7IO:;Qr./O:;/:xe~ 14:l'o'~Q '0'/\ .1.11\1 ~llh\WO:l - 28 - Item V-J. 1. ORDINANCES/RESOLUTIONS ITEM #56133 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Resolution PROVIDING for the issuance and sale of $75,000,000 General Obligation Public Improvement Bonds, Series 2007, re financing various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, Voting: 10-0 (By Consent) Council Members Voting Aye: William R, "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorj, John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer February 27, 2007 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES 2007, HERETOFORE AUTHORIZED, OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF $75,000,000, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF The issuance of $61,000,000 of bonds of the City of Virginia Beach, Virginia (the "City") was authorized by an ordinance adopted by the City Council of the City of Virginia Beach, Virginia (the "City Council") on May 11, 2004, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, $3,597,407 of which bonds have been issued and sold. The issuance of $55,200,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 10, 2005, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, none of which bonds have been issued and sold. The issuance of $63,800,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 9, 2006, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, none of which bonds have been issued and sold. It has been recommended to the City Council by representatives of ARD Government Finance Group and Government Finance Associates, Inc. (the "Financial Advisors") that the City issue and sell a series of general obligation public improvement bonds in the maximum principal amount of $75,000,000. The City Council has determined it is in the City's best interest to issue and sell $57,402,593 of the bonds authorized on May 11, 2004; $17,597,407 of the bonds authorized on May 10,2005; and none of the bonds authorized on May 9,2006. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. Issuance of Bonds. There shall be issued, pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter (Chapter 147 of the Acts of the General Assembly of 1962, as amended) and the Public Finance Act of 1991 (Chapter 26, Title 15.2, Code of Virginia of 1950, as amended), general obligation public improvement bonds of the City in the maximum principal amount of $75,000,000 (the "Bonds"). The proceeds ofthe Bonds will be used to provide funds to finance, in part, the costs of various public, school, road and highway, coastal, economic and tourism, building and parks and recreation improvements, as more fully described in the ordinances authorizing the Bonds adopted on May 11, 2004 and May 10, 2005 (collectively, the "Project"), and the costs incurred in connection with issuing the Bonds. 2. Bond Details. The Bonds shall be designated "General Obligation Public Improvement Bonds, Series 2007," or such other designation as may be determined by the City Manager, shall be in registered form, shall be dated such date as may be determined by the City Manager, shall be in denominations of $5,000 and integral multiples thereof and shall be numbered R-l upward. Subject to Section 8, the issuance and sale of the Bonds are authorized on terms as shall be satisfactory to the City Manager; provided, that the Bonds (a) shall have a "true" or "Canadian" interest cost not to exceed 5.50% (taking into account any original issue discount or premium), (b) shall be sold to the purchaser thereof at a price not less than 99.0% of the principal amount thereof (excluding any original issue discount), (c) shall be subject to optional redemption no later than September 15, 2016 at an optional redemption price of no more than 102% of the principal amount to be redeemed plus accrued interest to the optional redemption date, and (d) shall mature or be subject to mandatory sinking fund redemptions in annual installments beginning no later than September 15, 2007, and ending no later than September 15, 2026. Principal of the Bonds shall be payable annually on dates determined by the City Manager. Each Bond shall bear interest at such rate as shall be determined at the time of sale, calculated on the basis of a 360-day year of twelve 30-day months, and payable semiannually on dates determined by the City Manager. Principal shall be payable to the registered owners upon surrender of Bonds as they become due at the office of the Registrar (as hereinafter defined). Interest shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the registration books kept by the Registrar on a date prior to each interest payment date that shall be determined by the City Manager (the "Record Date"). Principal, premium, if any, and interest shall be payable in lawful money of the United States of America. Initially, one Bond certificate for each maturity of the Bonds shall be issued to and registered in the name of The Depository Trust Company, New York, New York ("DTC"), or its nominee. The City has heretofore entered into a Blanket Issuer Letter of Representations relating to a book-entry system to be maintained by DTC with respect to the Bonds. "Securities Depository" shall mean DTC or any other securities depository for the Bonds appointed pursuant to this Section 2. In the event that (a) the Securities Depository determines not to continue to act as the securities depository for the Bonds by giving notice to the Registrar, and the City discharges its responsibilities hereunder, or (b) the City, in its sole discretion, determines (i) that beneficial owners of Bonds shall be able to obtain certificated Bonds or (ii) to select a new Securities Depository, then the City's Director of Finance shall, at the direction of the City, attempt to locate another qualified securities depository to serve as Securities Depository and authenticate and deliver certificated Bonds to the new Securities Depository or its nominee, or authenticate and deliver certificated Bonds to the beneficial owners or to the Securities Depository participants on behalf of beneficial owners substantially in the form provided for in Section 5; provided, that such form shall provide for interest on the Bonds to be payable (A) from the date of the Bonds if they are authenticated prior to the first interest payment date, or (B) from the interest payment date that is or immediately precedes the date on which the Bonds are authenticated (unless payment of interest thereon is in default, in which case interest on such Bonds shall be payable from the date to which interest has been paid). In delivering certificated Bonds, the City's Director of Finance -2- shall be entitled to rely on the records of the Securities Depository as to the beneficial owners or the records of the Securities Depository participants acting on behalf of beneficial owners. Such certificated Bonds will then be registrable, transferable and exchangeable as set forth in Section 7. So long as there is a Securities Depository for the Bonds, (1) it or its nominee shall be the registered owner of the Bonds, (2) notwithstanding anything to the contrary in this Resolution, determinations of persons entitled to payment of principal, premium, if any, and interest, transfers of ownership and exchanges, and receipt of notices shall be the responsibility of the Securities Depository and shall be effected pursuant to rules and procedures established by such Securities Depository, (3) the Registrar and the City shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by the Securities Depository, its participants or persons acting through such participants, (4) references in this Resolution to registered owners of the Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial owners of the Bonds, and (5) in the event of any inconsistency between the provisions of this Resolution and the provisions of the above-referenced Blanket Issuer Letter of Representations, such provisions of the Blanket Issuer Letter of Representations, except to the extent set forth in this paragraph and the next preceding paragraph, shall control. 3. Redemption Provisions. (a) Optional Redemption. The Bonds may be subject to redemption prior to maturity at the option of the City, in whole or in part, at any time on or after dates, if any, determined by the City Manager, but no later than September 15, 2016, at a redemption price equal to the principal amount of the Bonds to be redeemed, together with any interest accrued to the date fixed for redemption, plus a redemption premium not to exceed 2% of the principal amount of the Bonds to be redeemed, such redemption premium to be determined by the City Manager. (b) Mandatory Sinking Fund Redemption. Any term bonds may be subject to mandatory sinking fund redemption upon terms determined by the City Manager. If so determined by the City Manager, the Bonds may provide that the City may take a credit against the mandatory sinking fund redemption obligation of any maturity of term Bonds in the amount of Bonds of the same maturity that have been optionally redeemed or surrendered for cancellation and have not been applied previously as such a credit. If the City wishes to take such a credit, on or before the 70th day next preceding any such mandatory sinking fund redemption date, the City's Director of Finance may instruct the Registrar to apply a credit against the City's mandatory sinking fund redemption obligation for any Bonds of the applicable maturity that have been optionally redeemed or surrendered for cancellation by the City and have not been previously applied as a credit against any mandatory sinking fund redemption obligation for that maturity of the Bonds. Each Bond so previously optionally redeemed or surrendered shall be credited at 100% of the principal amount thereof against the principal amount of such maturity of the Bonds required to be redeemed on such mandatory sinking fund redemption date or dates for such maturity as may be selected by the Director of Finance. (c) Selection of Bonds for Redemption. If less than all of the Bonds are called for optional redemption, the maturities of the Bonds to be redeemed shall be selected by the City's -3- Director of Finance in such manner as may be determined to be in the best interest of the City. If less than all of a particular maturity of the Bonds are called for redemption, the Bonds within such maturity to be redeemed shall be selected by the Securities Depository pursuant to its rules and procedures or, if the book-entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000. (d) Redemption Notices. The City shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to the registered owner of the Bonds. The City shall not be responsible for mailing notice of redemption to anyone other than DTC or another qualified Securities Depository or its nominee unless no qualified Securities Depository is the registered owner of the Bonds. If no qualified Securities Depository is the registered owner of the Bonds, notice of redemption shall be mailed to the registered owners of the Bonds. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion thereof will be issued to the registered owner upon the surrender thereof. 4. Execution and Authentication. The Bonds shall be signed by the manual or facsimile signature of the Mayor or Vice-Mayor, shall be countersigned by the manual or facsimile signature of the City Clerk or Deputy Clerk, and the City's seal shall be affixed thereto or a facsimile thereof printed thereon; provided, that if both of such signatures are facsimiles, no Bond shall be valid until it has been authenticated by the manual signature of the City Treasurer, as Registrar, or an authorized officer or employee of any bank or trust company serving as successor Registrar and the date of authentication noted thereon. 5. Bond Form. The Bonds shall be in substantially the form attached to this Resolution as Exhibit A, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officers signing the Bonds, whose approval shall be evidenced conclusively by the execution and delivery of the Bonds. 6. Pledee of Full Faith and Credit. The full faith and credit of the City are irrevocably pledged for the payment of the principal of, premium, if any, and interest on the Bonds. Unless other funds are lawfully available and appropriated for timely payment of the Bonds, the City Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all locally taxable property in the City sufficient to pay when due the principal of, premium, if any, and interest on the Bonds. 7. Reeistration. Transfer and Owners of Bonds. The City Treasurer IS appointed paying agent and registrar for the Bonds (the "Registrar"). The City may appoint a qualified bank or trust company as successor paying agent and registrar of the Bonds. The Registrar shall maintain registration books for the registration and registration of transfers of the Bonds. Upon presentation and surrender of any Bonds at the office of the Registrar, or at its -4- designated corporate trust office if the Registrar is a bank or trust company, together with an assignment duly executed by the registered owner or his duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the City shall execute, and the Registrar shall authenticate, if required by Section 4, and shall deliver in exchange, a new Bond or Bonds having an equal aggregate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate and registered in the name as requested by the then registered owner thereof or its duly authorized attorney or legal representative. Any such transfer or exchange shall be at the expense of the City, except that the Registrar may charge the person requesting such transfer or exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Registrar shall treat the registered owner as the person or entity exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as owner on the registration books as of the Record Date. 8. Sale of Bonds. The City Council approves the following terms of the sale of the Bonds. The Bonds shall be sold by competitive bid in a principal amount to be determined by the City Manager, in collaboration with the Financial Advisors, and subject to the limitations set forth in Section 1, and the City Manager shall receive bids for the Bonds and award the Bonds to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the limitations set forth in Section 2. Following the sale of the Bonds, the City Manager shall file a certificate with the City Clerk setting forth the final terms of the Bonds. The actions of the City Manager in selling the Bonds shall be conclusive, and no further action with respect to the sale and issuance of the Bonds shall be necessary on the part of the City Council. 9. Notice of Sale; Bid Form. The City Manager, in collaboration with the Financial Advisors, is authorized and directed to take all proper steps to advertise the Bonds for sale substantially in accordance with the forms of the Official Notice of Sale and the Official Bid Form, which forms are attached as an Appendix to the draft of the Preliminary Official Statement described in Section 10 below, and which forms are approved; provided, that the City Manager, in collaboration with the Financial Advisors, may make such changes in the Official Notice of Sale and the Official Bid Form not inconsistent with this Resolution as he may consider to be in the best interest of the City. 10. Official Statement. A draft of a Preliminary Official Statement describing the Bonds, a copy of which has been provided or made available to each member of the City Council, is approved as the form of the Preliminary Official Statement by which the Bonds will be offered for sale, with such completions, omissions, insertions and changes not inconsistent with this Resolution as the City Manager, in collaboration with the Financial Advisors, may consider appropriate. After the Bonds have been sold, the City Manager, in collaboration with the Financial Advisors, shall make such completions, omissions, insertions and changes in the Preliminary Official Statement not inconsistent with this Resolution as are necessary or desirable to complete it as a final Official Statement, execution thereof by the City Manager to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. The City shall arrange for the delivery to the purchaser of the Bonds of a reasonable number of -5- copies of the final Official Statement by the earlier of seven business days after the Bonds have been sold or the date of issuance of the Bonds, for delivery to each potential investor requesting a copy of the Official Statement and for delivery to each person to whom such purchaser initially sells Bonds. 11. Official Statement Deemed Final. The City Manager is authorized, on behalf of the City, to deem the Preliminary Official Statement and the Official Statement in final form, each to be final as of its date within the meaning of Rule 15c2-12 ("Rule 15c2-12") of the Securities and Exchange Commission (the "SEC"), except for the omission in the Preliminary Official Statement of certain pricing and other information permitted to be omitted pursuant to Rule 15c2- 12. The distribution of the Preliminary Official Statement and the Official Statement in final form shall be conclusive evidence that each has been deemed final as of its date by the City, except for the omission in the Preliminary Official Statement of such pricing and other information permitted to be omitted pursuant to Rule 15c2-12. 12. Preparation and Delivery of Bonds. After bids have been received and the Bonds have been awarded to the winning bidder, the officers of the City are authorized and directed to take all proper steps to have the Bonds prepared and executed in accordance with their terms and to deliver the Bonds to the purchaser thereof upon payment therefor. 13. Arbitra2e Covenants. The City covenants that it shall not take or omit to take any action the taking or omission of which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, and regulations issued pursuant thereto (the "Code"), or otherwise cause interest on the Bonds to be includable in the gross income of the registered owners thereof under existing laws. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the United States any part of the earnings derived from the investment of the gross proceeds of the Bonds, unless the City receives an opinion of nationally recognized bond counsel that such compliance is not required to prevent interest on the Bonds from being includable in the gross income of the registered owners thereof under existing law. The City shall pay any such required rebate from its legally available funds. 14. Non-Arbitra2e Certificate and Elections. Such officers of the City as may be requested are authorized and directed to execute an appropriate certificate setting forth the reasonably expected use and investment of the proceeds of the Bonds in order to show that such reasonably expected use and investment will not violate the provisions of Section 148 of the Code, and any elections such officers deem desirable regarding rebate of earnings to the United States, for purposes of complying with Section 148 of the Code. Such certificate and elections shall be in such form as may be requested by bond counsel for the City. 15. Limitation on Private Use. The City covenants that it shall not permit the proceeds of the Bonds or the facilities financed with the proceeds of the Bonds to be used in any manner that would result in (a) 5% or more of such proceeds or of the facilities financed with such proceeds being used in a trade or business carried on by any person other than a governmental unit, as provided in Section 141 (b) of the Code, (b) 5% or more of such proceeds or the facilities being financed with such proceeds being used with respect to any output facility (other than a -6- facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds being used directly or indirectly to make or finance loans to any person other than a governmental unit, as provided in Section 141 (c) of the Code; provided, that if the City receives an opinion of nationally recognized bond counsel that any such covenants need not be complied with to prevent the interest on the Bonds from being includable in the gross income for federal income tax purposes of the registered owners thereof under existing law, the City need not comply with such covenants. 16. Investment Authorization. The City Council hereby authorizes the Director of Finance to direct the City Treasurer to utilize either or both of the State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") and the Virginia Arbitrage & Investment Management Program ("AIM") in connection with the investment of the proceeds of the Bonds, if the City Manager and the Director of Finance determine that the utilization of either SNAP or AIM is in the best interest of the City. The City Council acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the SNAP Contract. 17. Continuin2 Disclosure A2reement. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute and deliver a continuing disclosure agreement setting forth the reports and notices to be filed by the City and containing such covenants as may be necessary to assist the purchaser of the Bonds in complying with the provisions of Rule 15c2-12. Such continuing disclosure agreement shall be substantially in the form attached as an Appendix to the draft of the Preliminary Official Statement described in Section 10 above, which form is approved with such completions, omissions, insertions and changes that are not inconsistent with this Resolution. 18. Other Actions. All other actions of officers of the City and of the City Council in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds are hereby ratified, approved and confirmed. The officers of the City are authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the issuance, sale and delivery of the Bonds. 19. Repeal of Conflictin2 Resolutions. All resolutions or parts of resolutions In conflict herewith are repealed. 20. Effective Date. This Resolution shall take effect immediately. Exhibit A - Form of Bonds -7- Exhibit A - Form of Bonds Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange or payment, and this certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED No. R- REGISTERED $ UNITED STATES OF AMERICA COMMONWEAL TH OF VIRGINIA CITY OF VIRGINIA BEACH General Obligation Public Improvement Bond Series 2007 0/0 MATURITY DATE September 15, 20_ DATED DATE March _, 2007 CUSIP 927734 INTEREST RATE REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach, Virginia (the "City"), for value received, promises to pay, upon surrender hereof to the registered owner hereof, or registered assigns or legal representative, the Principal Amount stated above on the Maturity Date stated above, subject to prior redemption as hereinafter provided, and promises to pay interest hereon from the Dated Date stated above on each September 15 and March 15, beginning September 15, 2007, at the annual Interest Rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Principal, premium, if any, and interest are payable in lawful money of the United States of America by the City Treasurer, who has been appointed Registrar (the "Registrar"). The City may appoint a qualified bank as successor paying agent and registrar for the bonds. Notwithstanding any other provision hereof, this bond is subject to a book-entry system maintained by The Depository Trust Company ("DTC"), and the payment of principal, premium, if any, and interest, the providing of notices and other matters shall be made as described in the City's Blanket Issuer Letter of Representations to DTC. This bond is one of an issue of $75,000,000 General Obligation Public Improvement Bonds, Series 2007 (the "Bonds"), of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption and maturity, and is issued pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991. The Bonds have been authorized by ordinances adopted by the City Council of the City of Virginia Beach (the "City Council") on May 11,2004 and May 10,2005, and are being issued pursuant to a resolution adopted by the City Council on February 27, 2007 (the "Bond Resolution"), to finance various public, school, road and highway, coastal, economic and tourism, building and parks and recreation improvements and to pay costs of issuance of the Bonds. The Bonds maturing on or before September 15, 20_, are not subject to optional redemption prior to maturity. The Bonds maturing on or after September 15,20_, are subject to redemption prior to maturity at the option of the City on or after September 15,20_, in whole or in part at any time (in any multiple of $5,000), upon payment of the following redemption prices (expressed as a percentage of principal amount of the Bonds to be redeemed) plus interest accrued and unpaid to the date fixed for redemption: Period During Which Redeemed (Both Dates Inclusive) Redemption Price The Bonds maturing on September 15, 20_, are required to be redeemed in part before maturity by the City on September 15 in the years and amounts set forth below, at a redemption price equal to 100% of the principal amount of the Bonds to be redeemed, plus interest accrued and unpaid to the date fixed for redemption: Year Amount Year Amount The Bond Resolution provides for a credit against the mandatory sinking fund redemption of the Bonds maturing on September 15, 20_ in the amount of Bonds of the same maturity that have been optionally redeemed or surrendered for cancellation and have not been applied previously as such a credit. If less than all of the Bonds are called for optional redemption, the maturities of the Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may be determined to be in the best interest of the City. If less than all the Bonds of a particular maturity are called for redemption, the Bonds within such maturity to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000. A-2 The City shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to DTC or its nominee as the registered owner hereof. If a portion of this bond is called for redemption, a new Bond in the principal amount of the unredeemed portion hereof will be issued to the registered owner upon surrender hereof. The full faith and credit of the City are irrevocably pledged for the payment of principal of, premium, if any, and interest on this bond. Unless other funds are lawfully available and appropriated for timely payment of this bond, the City Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all taxable property within the City sufficient to pay when due the principal of, premium, if any, and interest on this bond. The Registrar shall treat the registered owner of this bond as the person or entity exclusively entitled to payment of principal of and interest on this bond and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as the owner on the registration books on the first day of the month preceding each interest payment date. In the event a date for the payment of principal, redemption price, or interest on this bond is not a business day, then payment of principal, redemption price, and interest on, this bond shall be made on the next succeeding day which is a business day, and if made on such next succeeding business day, no additional interest shall accrue for the period after such payment or redemption date. All acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and the issue of Bonds of which this bond is one, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond to be signed by its Mayor, to be countersigned by its Clerk, its seal to be affixed hereto, and this bond to be dated the Dated Date stated above. COUNTERSIGNED: (SEAL) Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach, Virginia A-3 ASSIGNMENT FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s) unto: (Please print or type name and address, including postal zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE: the within bond and all rights thereunder, hereby irrevocably constituting and appointing Attorney, to transfer said bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by (Signature of Registered Owner) an Eligible Guarantor Institution such as a NOTICE: The signature above must Commercial Bank, Trust Company, Securities correspond with the name of the registered Broker/Dealer, Credit Union or Savings owner as it appears on the front of this bond in Association who is a member of a medallion every particular, without alteration or program approved by The Securities Transfer enlargement or any change whatsoever. Association, Inc. #1582694vl 205182.000118 A-4 Requires an affirmative vote by a majority of the members of the City Council, Adopted by the City Council of the City of Virginia Beach, Virginia, this 27th day of February, 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~~ F[nance Department~ Jtln-f tK~ City Attorney's Office CERTIFICATE The undersigned Clerk of the City Council of the City of Virginia Beach, Virginia (the "City Council"), certifies that: 1. A meeting of the City Council was held on February 27, 2007, at the time and place established and noticed by the City Council, at which the members of the City Council were present or absent as noted below. The foregoing Resolution was adopted by a majority of the members of the City Council, by a roll call vote, the ayes and nays being recorded in the minutes of the meeting as shown below: PRESENT/ABSENT: VOTE: Meyera E. Oberndorf, Mayor Louis R. Jones, Vice Mayor Bill R. DeSteph Harry E. Diezel Robert M. Dyer Barbara M. Henley Reba S. McClanan John E. Uhrin Ronald John A. Villanueva Rosemary Wilson James L. Wood / -- / -- / -- / -- / -- / -- / -- / -- / -- / -- / 2. The foregoing Resolution is a true and correct copy of such Resolution as adopted on February 27, 2007. The foregoing Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my signature and the seal of the City of Virginia Beach, Virginia, this _ day of March, 2007. Clerk, City Council of the City of Virginia Beach, Virginia (SEAL) I 582694vl 205182.000118 City of Virginia Beach, Virginia 2007 General Obligation Bond Sale-$75 Million Summary of 2004-2005 Charter Bond Allocation Economic Vitality Economic and Tourism 9.016 Town Center Infrastructure 9.141 Economic Development Investment Program 9.302 Rudee Loop Development - Phase I (Partial) Safe Community Buildings 3.027 3.017 3.441 Law Enforcement Training Academy Fire & Rescue - 1st Landing Correction Center Addition Quality Phvsical Environment Roadways 2.007 2.039 2.048 2.065 2.067 2.076 2.115 2.149 2.152 2.195 2.263 2.284 Buildings 3.038 3.1 00 3.366 3.368 Shipp's Corner Road Bridge Replacement Computerized Traffic Signal UpgradelReplacement Princess Anne Rd./Kempsville Rd. Intersection Impr (VDOT) Elbow Road Extended - Phase II-A Sandbridge Road Safety Improvements Laskin Road Gateway Shore Drive Intersections - Demonstration Project Birdneck Road - Phase II (VDOT) Elbow Road Extended - Phase II Princess Anne Road Phase VII Major Bridge Rehabilitation Pavement Maintenance Program Various Buildings Rehabilitation and Renewal Various Buildings HV AC Rehabilitation and Renewal Replacement Central Plant Various Site Acquisitions City of Virginia Beach, Virginia 2007 General Obligation Bond Sale-$75 Million Summary of 2004-2005 Charter Bond Allocation Cultural & Recreational Opportunities Buildings 3.322 Virginia Aquarium Original Exhibit Gallery Renovation Parks & Recreation 4.009 Kempsville Recreation Center - Renovation 4.010 Existing Trails Repairs 4.019 New Princess Anne District Park Athletics Complex 4.024 Park Playground Renovations 4.031 Little Island Pier Access 4.034 Recreation Centers Roof repair 4.036 Tennis Court Renovations 4.042 Red Wing Lake Golf Course Improvements 4.046 Williams Park Improvement 4.066 Open Space Park Development Quality Education and Lifelone: Learnine: Schools 1.017 1.020 1.082 1.085 1.227 1.228 1.229 Buildings 3.175 3.447 Landstown High School Addition Ocean Lakes High School Addition Alternative Education Facility - Phase I Alternative Education Facility - Phase II Windsor Woods Elementary School Modernization Brookwood Elementary School Replacement Pembroke Meadows Elementary School Modernization South Rosemont Area Library Various Library Renovations - 29- Item V-J.2. ORDINANCES/RESOLUTIONS ITEM #56134 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Resolution AFFIRMING that the provision of high-quality Workforce Housing is a desirable goal of the City and that appropriate ordinances directed toward achieving such goal be developed. Voting: 9-1 (By Consent) Council Members Voting Aye: William R, "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R, Jones, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: Robert M Dyer February 27,2007 1 2 3 4 5 6 A RESOLUTION AFFIRMING THAT THE PROVISION OF HIGH-QUALITY WORKFORCE HOUSING IS A DESIRABLE GOAL FOR THE CITY AND DIRECTING THAT APPROPRIATE ORDINANCES DIRECTED TOWARD ACHIEVING SUCH GOAL BE DEVELOPED 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 WHEREAS, by Resolution dated September 27, 2005, the City Council directed the Planning Commission to study the City's development ordinances and recommend amendments to such ordinances regarding, among other things, increasing the overall supply of workforce and affordable housing by encouraging increased density and mixed-use development in Strategic Growth Areas not wi thin Air Installation Compatible Use Zones (AICUZ); and WHEREAS, the Planning Commission created a Workforce Housing Committee comprised of workforce housing advocates, developers, representatives of civic groups, and other citizens to perform such study and to develop potential solutions; and WHEREAS, the Workforce Housing Committee presented its report to the Planning Commission on November 13, 2006; and WHEREAS, the Planning Commission held concerning the Workforce Housing Committee's 13, 2006, at which the comments received by overwhelmingly positive; and a public hearing report on December the Commission was WHEREAS, the City Council held public hearings concerning the Workforce Housing Committee's report on January 23, 2007 and February 13, 2007, at which the overall public response was also overwhelmingly positive; and WHEREAS, it is the sense of the City Council that the development of a workforce housing program remains an important goal; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby affirms that the creation of high-quality workforce housing integrated within new developments having a residential component is a desirable goal and will be of benefit to the City and its citizens. 46 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF 47 VIRGINIA BEACH, VIRGINIA: 48 49 That the City Staff is hereby directed to continue to work 50 to develop an appropriate workforce housing program for the City 51 Council's consideration, which program shall include such zoning 52 and other ordinances as will accomplish the aforesaid goal. 53 54 Adopted by the Council of the City of Virginia Beach on the 55 27thday of Fphrll~ry , 2007. CA10277 v:\applications\citylawprod\cycom32\Wpdocs\D021\P002\O0028649.DOC R-1 February 21, 2007 APPROVED AS TO CONTENT: Ga'''~/(.r~<tl- Department of Housing & Neighborhood Preservation APPROVED AS TO LEGAL SUFFICIENCY: Ci~tlJ1~ " ---- - 30 - Item V-J.3a/b/ ORDINANCES/RESOLUTIONS ITEM #56135 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Resolutions REQUESTING the Virginia Department of Transportation (VDOT) ACCEPT: a, additional streets for urban maintenance payments b. corrections to the road inventory for urban maintenance payments Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer February 27,2007 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO ACCEPT 3 ADDITIONAL STREETS FOR URBAN 4 MAINTENANCE PAYMENTS 5 WHEREAS, the Virginia Department of Transportation 6 requires a City Council resolution prior to accepting 7 additional streets for urban maintenance payments; 8 9 WHEREAS, the 12.39 (Local/Collector) lane miles 10 streets listed on Exhibit A (attached) have been 11 constructed in accordance with standards established by the 12 Virginia Department of Transportation; 13 14 WHEREAS, the City of Virginia Beach has accepted and 15 agreed to maintain these streets; and 16 17 WHEREAS, a representative from the Virginia Department 18 of Transportation has inspected and approved these streets. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 21 CITY OF VIRGINIA BEACH, VIRGINIA: 22 23 That City Council hereby requests the Virginia 24 Department of Transportation to accept the streets listed 25 on Exhibit A, attached hereto and incorporated by 26 reference, and to begin paying urban maintenance payments 27 to the City of Virginia Beach based on the established 28 rate. 29 30 Adopted by the Council of the City of Virginia Beach, 31 Virginia, on the 27th day of February, 2007. 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F'-~C'r!\. :-(~o~ GF'- ('1 ~ ~ ~ ~ "t- ~ ~ ~ <) ~ \::) - Add/Replace Street <) VDOT Street Report Add or Replace Local Streets City of Virginia Beach Department of Public Works January 2007 ~(J8V, 'l?1y l)~ o r;. ~ o -1) f'" lit ~ cl /# lij " 0' (j i' o~ ~v <Q ~ & t::. lib 0 qytv~ ~ '~WIT ~ .t ;g; ~ .S: ~ tf/ J ~ ~ 17~ ()~ G' ~\"\,, 10G+~ '0 'b <;: ~ ~ ~ ~ ;t.. Q<?-- ~O~ G\..-{~ B i 1?ADi~y W~ I ~nOQr\ 5' : po.: .... ~ a. ~ ~ ill ~ "6 Q .*, () <( ; \ t;. ~ "6 ~ g , ! i I I i I i , ! i i i I I , 1-_ I c' '"VA d~\N\N05 ~v i~ <(-.0 O~ S ~O ~~ ",<ii'0 ($I ~ ~ ~ % ~ ~ <i ~ 89 <( -..J IJJ -..J d CfJ IJJ ~ d ~ ~ ~ (/~ ~ 4' :1>0 I I i I [ i i I I i i <(-.0 00 .;...~ f<9 ~0 ')-CP 'if.- ~ ~ ~151 ~ '.\ Q\Sl ~ PRAJRIECT I- o ~ IJJ cr C> -..J ~ IJJ -..J I- o 8 o ~:LOCkWOOo fJ LA o -..J c~ f:7-Slt.1l4tv DIT ~o~ f15\1t111' G~ I- o :I: I- ~ rn z :J C) 1;q;y ,y~ () ~ ~!::I ~ " N A c~. 'Mf"IA.... .IA.I~ a. VlV.y, :I: .. ..I"r/t DIT I- -I <( W s: z o ~ ~. o o r- tg VJ Gl ~ ~ OJ I J>' :-l.G.~ <Q<?- .~ < m ~ o ::0 RI\lI~RA AR <=^.. R SPRINGS 01 CL=> . EDGELAKEOR 70 1: ~ ~ ~ ~ m. :.-\ o ~ NO~$ C~ 'v'r 0~ ,:>'f O~ 'rQ ~X; Oft, <0 ,)0. fQ" y".~ ~<,;; o ~y"." ,,<(; Or ~ ~ .~ ~ ~ ~ ~ ~A ~~ ~ 0,)0. - Add/Replace Street VDOT Street Report Add or Replace Local Streets City of Virginia Beach Department of Public Works January 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 A RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO ACCEPT CORRECTIONS TO THE ROAD INVENTORY FOR URBAN MAINTENANCE PAYMENTS WHEREAS, the Virginia Department of Transportation requires a City Council resolution prior to accepting corrections or deletions to the revised road inventory for urban maintenance payments; WHEREAS, City personnel have reviewed the revised road inventory prepared by the Virginia Department of Transportation and have determined that some inaccuracies exist; WHEREAS, been made as increase of miles; and corrections to the revised road inventory have shown on Exhibit A (attached); resulting in a net 1.08 (-.08 Local/Collector, 1.16 Arterial) lane WHEREAS, a representative from the Virginia Department of Transportation has inspected and approved these corrections. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby requests the Virginia Department of Transportation to accept the corrections listed on Exhibit A, attached hereto and incorporated by reference, and to begin paying urban maintenance payments to the City of Virginia Beach based on the established rate. Adopted by Virginia, on the the Council of the City of Virginia 27th day of February, 2007. Beach, Approved as to Content: Approved as to Legal Sufficiency" ~A.hu~~ Departm nt of Publlc Works ~~ *,l~~ Ci Attorney's Office CA10267 V:\applications\citylawprod\cycom32\Wpdocs\D012\P002\000281 40 . DOC February 12, 2007 R-1 to '+- o Ql Ol <1l 0.. (/) Z o i=(/) wI- .....JZ WW 0:2 0::>- 0<1: (/)0.. Z ZW...... <1l o 0 t) ,...: '2 ii5 i= ~ 'f 'e> 5 I- Ci I- "": .- - 0 O(/)M> o 0 <t: 00 M '+- Z> (/)C.o <t: tu <t: .2 Ql co w...Jo"O 0:: 0:: <1: Ql 0 ::J I- 0.. 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() " ~ 4J ~ co CJ I i i i I -AESTHAM woobS CT 0'\ ~~\'vc'v ~00 )" ~ tJ ; ~ I--. () -"- 4J ~ & ;:j s 15 ~ ~ I-.. () /% If (!) S..ql\t ~f?co f?D 'l" " ~ tP (!) I--. ~ /1 ..;",,;J HOCKMAN CT I.~V€ 1..I.00p f?D K12 L12 ~ 'l" $ ~ (!) & CO i;f I-.. () 8 (f ~ # o <t Q'f" ~'f" ~ li) K13 L13 New Street (Local) VDOT Street Report New Local Streets City of Virginia Beach Department of Public Works January 2007 Q~ r ~ :::. It'' N fIJ <:)~ A -..l~-t\ o-..l~ Q ~~ DOVETAIL CT ooK DR \"": ~ oj:. ~ ~ ~ o ~ ~ ~ 0"" o.p.,c1 'f.p.,'9" ..\'f.S V. ~\\, 1-1'100'0 G~~~ z ~ ~ ~ ~ (j) <t. ;...\ oj:. ""'L ~ ~ ~C1 o.\>p.,\~~\\)~ o <1 ~ ~ (:) ~ ~ iESL\~ Ci D11 o > o o ~ z o o --i OJ m r (J) "1J ;U Z G) o ;u 1s ~ ~ ~ ';I.. ~ o\)~ ~OP ~ C\ oG'f;..~ ,)\,)'" v.,.<::> .;:; ~<::> ~ 't' ABILENE LA C1 Op...~~ p...~C't'\ o ~ ~ "t- ~ :-{~o~ Gp... I- () $ ~ '" o ~ ~ ~ \ .~ ~ ~ ~~ O'?- p...O~ ~ Add/Replace Street VDOT Street Report Add or Replace Local Streets ! C' i \sy...~'?- ~\..:-{\' City of Virginia Beach Department of Public Works January 2007 .-flus U. ~All)~ o ~ ~ o 1- PRJl,IRIECT qj ~ ~ If 4J.' . " 0' (j I 8~A_ I . . ""1U(€y W~ I I ; ! I ! I ; ! I I I I ! Q 0:: :r ~ a. A uf '6 Q ~ <( \ :4 '6 ~ ~ I- o ;Z UJ UJ. 0:: C> -.J. ~ UJ -.J ~ .~ ~ ~ t;. i' 0'<;- ..J....v (Q'If" I- 0, 8 o ~tOCkWOOO (j LA o -.J ~ rS ;..:. I;?f\'y, (:) N4f.-fl Wf\' g .'11 ~ ~ ~ <i ~ t1l ~ ~ .~ ~ So ~ II J i le'J'l\~os Ci i~q 0 I S~ ~Q O<;;,~ -<.~ ~ ~ Vo ;.. c~ J::rSM"lN DF? ~ ~ -y~ (') ~ 89 0' ~'v'v 00+~ '0 <( -.J IJ.J -.J d CI.l IJ.J 52 d ~p..~O~ C#-f1S ~ ~ /\ "h, '-?-i ~i ~ ,~(') 'b <;: ~ ~ ~ ~ 'L.. '?-o 00 .;<'v fQ) ~0 t-CP 'if <=<: ~ ~\S1 ~ '\ QIS' ~ I- o ::r: I- iJ ~ ~ Z !).,t:i 5.~ j ?'-</~~s; I 1-0?, l / o<?- <(;~ " ""r" o~ ~<::><?-- ~<::>o G\.. -( ~ '1) ~ ,.. ~ . ;;(;--- (') ~"" ~ 0/' '5-~~", ..;'P' I i I l~~ ~tJ ~~, <::>'v I I I . Q~~,!:!g~,:"~II'~"' . ",""'.'1. 'ii'~fI'i. -,. I ! ,r''''':: #"1" ;Fc j! ,.' f' ~ii / J \ 0' :}-<;;,\.. o~<;;, 810 N A C d ~l11Q,yw. . ::r:i . .~l. 7}.I.O.'l::i. ' 1-' IT -J <(; w 3: Zi O! :::2:, :::2:1 0' o r- r;g \!! G) ~ ~ tD r- <", V" :4.9'<.f <Q<?- B < m ~ o ';0 RI\lIFRA AR CLEAR SPRINGS 01 EDGELAKEOR 70 1: ~ ~ ~ ~ ~ :-\ o ;U GQ\'\~O~S 'v'r 0~ S'f O~ S) ~<;;,'f O~ (0 ,>- <Q'v <;;,<;;,~ 0~ ~<;;,'v 'v<C; ~ 16 ~ 1b '1- ~ ~ ~"" ~~ V 0,>- Add/Replace Street VDOT Street Report Add or Replace Local Streets City of Virginia Beach Department of Public Works January 2007 - 31 - Item V-JAa/b/ ORDINANCES/RESOLUTIONS ITEM #56136 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Resolutions for ENDORSEMENT of Virginia Department of Transportation (VDOT) urban highway projects for Bicycle and Pedestrian Safety Grant funding: a. Pacific Avenue between 5th and 43rd Streets b, Shore Drive between Kendall Street and Vista Circle Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer February 27,2007 1 A RESOLUTION FOR ENDORSEMENT OF VDOT BICYCLE 2 AND PEDESTRIAN SAFETY GRANT FUNDING FOR 3 PACIFIC AVENUE 4 5 WHEREAS, in accordance with Virginia Department of 6 Transportation (VDOT) allocations procedures, it is necessary that 7 a request by Council resolution be made in order for VDOT to 8 program an urban highway project in the City of Virginia Beach. 9 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA THAT: 11 1. The City Council of the City of Virginia Beach, Virginia 12 requests the Virginia Department of Transportation to establish an 13 urban system highway proj ect for the improvement of pedestrian 14 safety along Pacific Avenue between 5th and 43rd Streets, covering a 15 distance of approximately two miles. 16 2. The Council of the City of Virginia Beach agrees to pay its 17 share of the total cost for preliminary engineering, right-of-way 18 and construction of this project in accordance with Section 33.1-44 19 of the Code of Virginia, and that, if the City of Virginia Beach 20 subsequently elects to cancel this project, the City of Virginia 21 Beach hereby agrees to reimburse the Virginia Department of 22 Transportation for the total amount of the costs expended by the 23 Department through the date the Department is notified of such 24 cancellation. 25 Adopted by the Council of the City of Virginia Beach, 26 Virginia, on the 27th day of February , 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: / , if' ;::e~- City Attorney's ~ CA10259 V:\applications\citylawprod\cycom32\Wpdocs\D029\P002\O0027174.DOC R-3 February 1, 2007 1 A RESOLUTION FOR ENDORSEMENT OF VDOT BICYCLE 2 AND PEDESTRIAN SAFETY GRANT FUNDING FOR SHORE 3 DRIVE 4 5 WHEREAS, in accordance with Virginia Department of 6 Transportation (VDOT) allocations procedures, it is necessary that 7 a request by Council resolution be made in order for VDOT to 8 program an urban highway project in the City of Virginia Beach. 9 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA THAT: 11 1. The City Council of the City of Virginia Beach, Virginia 12 requests the Virginia Department of Transportation to establish an 13 urban system highway proj ect for the improvement of pedestrian 14 safety along Shore Drive between Kendall Street and Vista Circle, 15 covering a distance of approximately one-and-one-half miles. 16 2. The Council of the City of Virginia Beach agrees to pay its 17 share of the total cost for preliminary engineering, right-of-way 18 and construction of this project in accordance with Section 33.1-44 19 of the Code of Virginia, and that, if the City of Virginia Beach 20 subsequently elects to cancel this project, the City of Virginia 21 Beach hereby agrees to reimburse the Virginia Department of 22 Transportation for the total amount of the costs expended by the 23 Department through the date the Department is notified of such 24 cancellation. 25 Adopted by the Council of the City of Virginia Beach, 26 Virginia, on the 27th day of February , 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: C~~~ice CAI0258 V:\applications\citylawprod\cycom32\Wpdocs\D029\P002\O0027161.DOC R-3 February 1, 2007 Item V-K. PLANNING 1, RICHARD c., JR. andKIMBERLYC. McCULLOUGH 2. CITY ZONING ORDINANCE 3. VIRGINIA SUPPORTIVE HOUSING 4. A.O.S. PROPERTIES 5. MICHAEL D. SIFEN, INC. 6. VIRGINIA WESLEYAN COLLEGE - 32 - ITEM #56137 STREET CLOSURE Ordinance AMENDING Sections 111, 601, 801, and 901, ADDING Section 241,1 establishing definitions of single room occupancy facility / Single Room Occupancy Unit/ specific standards/ applicable districts for a single room occupancy facility. CHANGE OF ZONING CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT February 27,2007 - 33 - Item V-K. PLANNING ITEM # 56138 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED Items 1, 2, 3, 4 (DEFERRED INDEFINITELY), 5, and 6 of the PLANNING BY CONSENT AGENDA. Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R, Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer February 27, 2007 - 34 - Item V-K.J. PLANNING ITEM # 56139 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED Ordinance upon application of RICHARD c., JR. and KIMBERLY C. McCULLOUGH for the closure of a portion of an unimproved alley adjacent to 813 Vanderbilt Avenue, Croatan Beach. Ordinance upon application of RICHARD c., JR, and KIMBERLY C. McCULLOUGH for the closing, vacating and discontinuing a portion of that unimproved alley shown as the hatched area on that certain plat entitled "PLAT SHOWING PORTION OF 15' ALLEY ADJACENT TO LOT 17, BLOCK 13, CROATAN BEACH, MB. 24, P. 37, TO BE CLOSED VIRGINIA BEACH, VIRGINIA". DISTRICT 6 - BEACH The following conditions shall be required: 1, The City Attorney's Office will make the final determination regarding ownership of the underlyingfee, The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, " approved by City Council, Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposedfor closure, Preliminary comments from the utility companies indicate that there are no private utilities within the right-ofway proposedfor closure. Ijprivate utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-ofway shall be contingent upon compliance with the above-stated conditions within 365 days of approval by City Council (February 26, 2008), Ijthe conditions noted above are not accomplished and the final plat is not approved within one (1) year of the City Council vote to close the right-ofway, this approval shall be considered null and void. 5. The approval is for the eastern half of the 15100t wide alley, being seven (7) feet, six (6) inches wide by fifty (50) feet long, adjoining the rear of Lot 17, Block 13, Croatan Beach. February 27, 2007 - 35 - Item V-K.l. PLANNING ITEM # 56139 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R, Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E, Uhrin, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer February 27,2007 1 IN THE MATTER OF CLOSING, VACATING AND 2 DISCONTINUING A PORTION OF THAT CERTAIN 3 UNIMPROVED ALLEY SHOWN AS THE HATCHED 4 AREA ON THAT CERTAIN PLAT ENTITLED 5 "PLAT SHOWING PORTION OF 15' ALLEY 6 ADJACENT TO LOT 17, BLOCK 13 CROATAN 7 BEACH M.B. 24, P. 37 TO BE CLOSED 8 VIRGINIA BEACH, VIRGINIA" 9 WHEREAS, RICHARD C. McCULLOUGH, AND KIMBERLY C. 10 McCULLOUGH applied to the Council of the City of Virginia Beach, 11 Virginia, to have the hereinafter described street discontinued, 12 closed, and vacated; and 13 WHEREAS, it is the judgment of the Council that said 14 street be discontinued, closed, and vacated, subj ect to certain 15 condi tions having been met on or before one (1) year from City 16 Council's adoption of this Ordinance; 17 NOW, THEREFORE, BE IT ORDAINED by the Council of the 18 City of Virginia Beach, Virginia: 19 SECTION I 20 That the hereinafter described street be discontinued, 21 closed and vacated, subj ect to certain conditions being met on 22 or before one (1) year from City Council's adoption of this 23 ordinance: 24 All that certain piece or parcel of land 25 situate, lying and being in the City of 26 Virginia Beach, Virginia, designated as that 27 hatched area and described as "PORTION OF 28 ALLEY TO BE CLOSED (375 SQ. FT./0.009 29 ACRES) " on that certain plat entitled: 30 "PLAT SHOWING PORTION OF 15' ALLEY ADJACENT 31 TO LOT 17, BLOCK 13 CROATAN BEACH M.B. 24 P. 32 37 TO BE CLOSED VIRGINIA BEACH, VIRGINIA" 33 Scale: 1" 20', dated October 11, 2006, 34 prepared by Gallup Surveyors & Engineers, 35 Ltd., a copy of which is attached hereto as 36 Exhibit A. 37 38 39 GPIN: 2426-37-6735 1 40 SECTION II 41 The following conditions must be met on or before one 42 (1) year from City Council's adoption of this ordinance: 43 1. The City Attorney's Office will make the final 44 determination regarding ownership of the underlying fee. The 45 purchase price to be paid to the City shall be determined 46 according to the "Policy Regarding Purchase of City's Interest 47 in Streets Pursuant to Street Closures,u approved by City 48 Council. Copies of said policy are available in the Planning 49 Department. 50 2. The applicant shall resubdi vide the property and 51 vacate internal lot lines to incorporate the closed area into 52 the adj oining parcels. The resubdi vision plat shall be 53 submi tted and approved for recordation prior to final street 54 closure approval. 55 3. The applicant shall verify that no private 56 utili ties exist wi thin the right-of-way proposed for closure. 57 Preliminary comments from the utility companies indicate that 58 there are no private utilities within the right-of-way proposed 59 for closure. If private utili ties do exist, the applicant shall 60 provide easements satisfactory to the utility companies. 61 4. Closure of the right-of-way shall be contingent 62 upon compliance with the above stated conditions within one (1) 63 year of approval by City Council. If all conditions noted above 64 are not in compliance and the final plat is not approved wi thin 65 one (1) year of the City Council vote to close the street, this 66 approval will be considered null and void. 67 5. The approval is for the eastern half of the 15- 68 foot wide alley, being seven (7) feet, six (6) inches wide by 69 fifty (50) feet long, adj oining the rear of Lot 17, Block 13, 70 Croatan Beach. 71 SECTION III 72 1. If the preceding conditions are not fulfilled on 73 or before February 26, 2008, this Ordinance will be deemed null 74 and void without further action by the City Council. 75 2. If all conditions are met on or before February 76 26, 2008, the date of final closure is the date the street 77 closure ordinance is recorded by the City Attorney. 78 3. In the event the City of Virginia Beach has any 79 interest in the underlying fee, the City Manager or his designee 80 is authorized to execute whatever documents, if any, that may be 81 requested to convey such interest, provided said documents are 82 approved by the City Attorney's Office. 2 83 SECTION IV 84 A certified copy of this Ordinance shall be filed in 85 the Clerk's Office of the Circuit Court of the City of Virginia 86 Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA 87 BEACH as "Grantor" and RICHARD C. McCULLOUGH and KIMBERLY C. 88 McCULLOUGH as "Grantee." 89 Adopted by the Council of the City of Virginia Beach, 90 Virginia, on this 27th day of February ,2007. CAl0157 v :\applications\citylawprodlcycom32\ WpdocslD030\POO I \00027329 .DOC R-l February 7, 2007 CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: [il/ {Cl (j tVh1 flOl/f/ City AttorrY'ey 3 ),.,. ~ ~ ~ ~ m . u o 0> o o g~ << ~ci- 0; z" ~~ 000 Ow ,un ~'3 :eo <<w UCD ~~ E2J :I: <.> ~" ~ en"' 0: Z.. <(01 I- . <(~ o 0:: t) Co o o " ~ << ~ 0- << ::> z o >= << U '3 Exhibit A >- e- w " 10 ,~ o-fg--- .. <<w" Ii: ~g8 << 0'" w~ z ~ w" ~~2 <0'" <<'" g558 ~6 <<0 I ~~': ",0 oe:' " " ~a::Z; g~ '" "' ~0 :!:' 0: roO 0:>0 g ro I O-N 0 ~ inz roe:' r--:6 ~i cD " " "' 0: r--- ~ ro " w '" Z => ~~g ,<<0 a::~~ <0>' ~wa::: GlDtS XO"- we-=> o(i z N 85'45'45" E 107.50' total 100.00' ~ ~ ~ J, N ~ Z 0: '" ,00.00. 10101 ,Og.LO~ M .St,c;t.c;g S " '" 0.: " " >-"' '" CD W .. --,0.: CD 0.: N --' cD <(... ~ 01 " inai cD "'-:E- " r<) ~ a 0:1: --'t) 0 c> [D<( w ~l:5Cir-:w",(/) o ...J~en 0 IZ...J~ 0.:...J (f)~<(OZ..<.> ~o::_ --'<(NW :5~LOg~cDen CL ~ ::> 1-0 0 ~5 I- a <( -, o <( w > << o z :5 >- '" << " ~ ~ 3: '-.. 0:: b 00 '-" .in o~ ~... 0,.- "';!; '" " W'" ::>0: Z W'" >~ <(eIl " I- ...J in 0:: W o Z <( > ~ <( z (3 '" :> I u <( w m <( Z (3 '" :> '" w ro ~ o o '0 N II ~ << ~ ~1A & jS <To ff: ~. ~~ \\.1< ....gzyO' ~f .\i.o._ lii <9;J:.f ~,~~;<i~i?d ....,\;>;)i o -:J, ~Si;;; ujo0J ","'<< (L~~~~ 3~3~~ -.JWo co 1~~uQ'1 \..J f-<ef'- Vllnwl{) O::::Ct::rnf'. Oc: ---- )- << ~~z O::n15 => '" '" 5 :;: 0.: o ... ., cD "' :~ '~ ~ ~ ] N i /' (; ~ ~ """' "0 o (i l"t"\ ~ Street Closure - 36- Item V-K.2. PLANNING ITEM # 56140 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance AMENDING Sections 111, 601, 801, and 901, ADDING Section 241.1 establishing definitions of single room occupancy facility and Single Room Occupancy Unit and establishing specific standards and applicable Districts for a single room occupancy facility Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan. Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer February 27,2007 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE AMENDING SECTIONS 111, 601, 801 AND 901 AND ADDING SECTION 241.1 OF THE CITY ZONING ORDINANCE, ESTABLISHING DEFINITIONS OF SINGLE ROOM OCCUPANCY FACILITY AND SINGLE ROOM OCCUPANCY UNIT, ESTABLISHING SINGLE ROOM OCCUPANCY FACILITIES AS A CONDITIONAL USE IN ALL APARTMENT AND OFFICE DISTRICTS AND IN THE B-4, B-4C AND B-4K BUSINESS DISTRICTS, AND ESTABLISHING SPECIFIC STANDARDS FOR SUCH USE 11 12 Sections Amended: City Zoning Ordinance ~~ 111, 601, 801 and 901 13 Section Added: City Zoning Ordinance ~ 241.1 14 WHEREAS, the public necessity, convenience, general welfare 15 and good zoning practice so require; 16 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 17 BEACH, VIRGINIA: 18 That the City Zoning Ordinance (City Code Appendix A) is 19 hereby amended and reordained by the amendment of Sections 111, 20 601, 801, and 901 and the addition of Section 241.1, to read as 21 follows: 22 ARTICLE 1. GENERAL PROVISIONS 23 24 Sec. 111. Definitions. 25 26 Single room occupancy facili ty. A building or buildings 27 containing multiple single room occupancy units. 28 Single room occupancy uni t. A living space with a mlnlmum 29 floor area of 150 square feet and a maximum floor area of 450 30 square feet restricted to occupancy by one (1) person identified 31 by the Department of Human Services as having limited permanent 32 housing alternatives and occupying the unit as a primary 33 residence and not as transient or overnight housing or lodging. 34 35 36 37 38 ARTICLE 2 . GENERAL REQUIREMENTS AND APPLICABLE TO ALL DISTRICTS PROCEDURES 39 C. CONDITIONAL USES AND STRUCTURES 40 41 Sec. 241.1. Single Room Occupancy Facility 42 (a) In determining whether to grant a conditional use 43 permit for a single room occupancy facility, the city council 44 shall consider, in addition to the compatibility of the proposed 45 facility with nearby residential and commercial areas and other 46 general criteria: 47 (1) The proximity of the proposed facility to mass 48 transit lines and to retail, medical, 49 recreational and other uses necessary to support 50 the residents of the facility; 51 (2) The proposed layout of the site, including open 52 space and landscaping; 53 (3) The architectural design of the proposed 54 facility; and 55 56 57 (4) The management plan required by subsection (b) below. (b) Single room occupancy facilities shall be subject to 58 the following standards: 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 (1) Densi ty. The maximum number of single room occupancy units in the facility shall be established by the city council in the irrespective of the conditional use permit, maximum dwelling unit density permitted in the zoning district in which the facility is located. (2) Parking. There shall be one (1) parking space (3) for each single room occupancy unit, provided that the city council may allow a lesser number if it finds that special conditions warrant such a reduction. Facility Management. A single room occupancy on-site management, facility shall provide including a manager who shall reside in a unit wi thin the facility. A management plan for the facility shall be provided as part of the conditional use permit application. Such plan shall address the management and operation of the facili ty, rental procedures, safety and security of residents and building maintenance. 79 (4 ) Full or partial kitchen and bathroom facilities 80 may be included in each unit or may be shared 81 among units. 82 Sec. 601. Use regulations [Apartment Districts]. 83 (a) Principal and conditional uses. The following chart 84 lists those uses permitted within the A-12 through A-36 85 Apartment Districts. Those uses and structures in the respective 86 apartment districts shall be permitted as either principal uses 87 indicated by a "P" or as conditional uses indicated by a "e." 8 8 Uses and structures indicated by an "X" shall be prohibited in 89 the respective districts. No uses or structures other than as 90 specified shall be permitted. 91 Uses Apartment Districts 92 A-12 A-18 A-24 A-36 93 Single room occupancy facility e e e e 94 95 96 97 98 Sec. 801. Use regulations [Office Districts]. 99 (a) Principal and conditional uses. The following chart 100 lists those uses permitted within the 0-1 and 0-2 Office 101 Districts. Those uses and structures in the respective Office 102 Districts shall be permitted as either principal uses indicated 103 by a "P" or as conditional uses indicated by a "C." Uses and 104 structures indicated by an "X" shall be prohibited in the 105 respective districts. No uses or structures other than as 106 specified shall be permitted. 107 Uses Office Districts 108 0-1 0-2 109 110 111 112 Single Room Occupancy Facility C C 113 Sec. 901. Use regulations. 114 (a) Principal and conditional uses. The following chart 115 lists those uses permitted within the B-1 through B-4K Business 116 Districts. Those uses and structures in the respective business 117 districts shall be permitted as either principal uses indicated 118 by a "P" or as conditional uses indicated by a "C." Uses and 119 structures indicated by an "X" shall be prohibited in the 120 respective districts. No uses or structures other than as 121 specified shall be permitted. 122 Uses Business Districts 123 B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K 124 125 126 Single Room Occupancy Facility x x x x x c c c 127 128 Adopted by the Council of the City of Virginia Beach, Virginia on the 27th day of February, 2007. - 37 - Item V-K.3. PLANNING ITEM # 56141 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED Ordinances upon application of VIRGINIA SUPPORTIVE HOUSING for a Change of Zoning and Conditional Use Permit: ORDINANCE UPON APPLICATION OF VIRGINIA SUPPORTIVE HOUSING FOR A CHANGE OF ZONING FROM B-2 COMMUNITY BUSINESS DISTRICT TO A -12 APARTMENT DISTRICT Z020712 73 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Virginia Supportive Housing for a Change of Zoning from B-2 Community Business District to A-12 Apartment District at 964 S. Military Highway, The Comprehensive Plan designates this site as being part of the Primary Residential Area, suitable for appropriately located suburban residential and non- residential uses consistent with the policies of the Comprehensive Plan. The purpose of the zoning change is to develop the site for a Single Room Occupancy Facility, (GPIN 1456133354). DISTRICT 1 CENTERVILLE AND, ORDINANCE UPON APPLICATION OF VIRGINIA SUPPORTIVE HOUSING FOR A CONDITIONAL USE PERMIT FOR A SINGLE ROOM OCCUPANCY FACILITY R0207 34207 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Virginia Supportive Housing for a Conditional Use Permit for a Single Room Occupancy ~cility at 964 S. Military Highway, (GPIN 1456133354). DISTRICT 1- CENTERVILLE The following conditions shall be required: 1, The site shall be redeveloped as substantially shown on the submitted site plan drawing, titled "Preliminary Site and Building Footprint, " by Kroskin Design Group, and Dated November 27, 2006. 2. The exterior of the building shall be renovated as substantially shown on the submitted elevation drawings, titled "Preliminary Building Elevations, " by Kroskin Design Group, and dated November 27,2006. February 27,2007 - 38 - Item V-K.3. PLANNING ITEM # 56141 (Continued) 3. The provisions of the submitted Management Plan shall be adhered to, Individuals with a prior conviction for the following crimes shall not be eligible for residency: aggravated assault, armed robbery, arson, kidnapping, felony homicide, felony child abuse or neglect or any felony sexual offense. Applicants may also be denied residency for other offenses identified in the criminal background check. Certain individuals denied residency under this provision may be reconsidered by the Cloverleaf Apartments Advisory Committee and may be permitted residency due to extenuating or exceptional circumstances. 4, No resident shall have overnight guests, 5, At least sixty jour (64) on-site parking spaces shall be provided. 6. The unit density shall not exceed twenty-one (21) units per acre, These Ordinances shall be effective in accordance with Section 107 (f) of the Zoning Ordinance, Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-seventh of February Two Thousand Seven Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer February 27, 2007 - 39- Item V-K.4. PLANNING ITEM # 56142 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED INDEFINITELY Ordinance upon application of A.O.S. PROPERTIES, L.L.C. for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF A.o.S. PROPERTIES, 1.1.c. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-l AND AG-2 TO CONDITIONAL R-15 Ordinance upon application of A.o.S. Properties, 1.1.c. for a Change of Zoning District Classification from AG-l and AG-2 Agricultural District to Conditional R-15 Residential District on property located at 2433 and 2437 Salem Road (GPINs 1484238037; 1484236232). The Comprehensive Plan designates this site as being part of Princess Anne (Transition Area). The purpose of this rezoning is to develop the site for single-family homes. DISTRICT 7 - PRINCESS ANNE Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R, Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dye February 27, 2007 - 40- Item V-K.5. PLANNING ITEM # 56143 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of MICHAEL D. SI FEN, INC. for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF MICHAEL D. SIFEN, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B- 2 AND R-10 TO CONDITIONAL B-1A Z02071274 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Michael D. Sifen, Inc. for a Change of Zoninf! District Classiiicationfrom B-2 Community Business District and R-10 Residential District to Conditional B-1A Limited Community Business District on property located at 251, 263 and 267 North Lynnhaven Road. The Comprehensive Plan designates this site as being part of the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. The purpose of this zoning change is to develop a strip retail center, (GPINs 1497356414; -4693; -4783), DISTRICT 3 - ROSE HALL The following condition shall be required: 1, An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-seventh of February Two Thousand Seven Voting: 10-0 (By Consent) Council Members Voting Aye: William R, "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R, Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer February 27, 2007 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6592 FROM: Leslie L. Lille~~ B. Kay Wilson' DATE: February 14, 2007 DEPT: City Attorney DEPT: City Attorney TO: RE: Conditional Zoning Application: Michael D. Sifen, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 27, 2007. I have reviewed the subject proffer agreement, dated September 29, 2006 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/aIs Enclosure cc: Kathleen Hassen PREPARED BY: sm 5Y1(1S, IlOURDON. D AHERN & LEVY. P.c. MICHAEL D. SIFEN, INC., a Virginia corporation ELLIS G. HOLLOWAY and INGEBORG A. HOLLOWAY, husband and wife TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDmONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 29th day of September, 2006, by and between MICHAEL D. SIFEN, INC., a Virginia corporation, party of the first part, Grantor; ELUS G. HOLLOWAY and INGEBORG A. HOLLOWAY, husband and wife, parties of the second part, Grantors; and THE CITI OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of three (3) parcels of property located in the Rose Hall District of the City of Virginia Beach, containing a total of approximately 1.22 acres, which parcels, as described in Exhibit "A" attached hereto and incorporated herein by this reference, are hereinafter referred to as the "Property"; and WHEREAS, the party of the first part, as contract purchaser of the Property, has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Gra~tee, so as to change the Zoning Classifications of the Property from R-10 Residential District and B-2 Commercial District to Conditional B-lA Limited Community Business District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and GPIN: 1497-35-4693 1497-35-4783 1497-35-6414 PREPARED BY; ;JIB SYl([S. IlOURDON. WI AHm~ & liVY. P.c. WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for in the B-1A Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors and assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "EXHIBIT TO ACCOMPANY REZONING APPLICATION FOR LYNNHAVEN SHOPPES, VIRGINIA BEACH, VIRGINIA" dated 09/29/06, prepared by Site Improvement Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Site Plan"). 2. When the Property is developed, it shall be landscaped substantially as shown on the exhibit entitled, "PROPOSED SITE CONCEPT LYNNHAVEN SHOPPES, Michael D. Sifen, Inc.", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Landscape Plan"). 3. The exterior of the retail shoppes shown on the Site Plan shall be substantially similar in appearance to and shall utilize the external building materials as designated on the exhibit entitled "NEW RETAIL SHOPPING CENTER AT NORTH LYNN HAVEN ROAD, VIRGINIA BEACH, VA.", prepared by Covington Hendrix Anderson Architects which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach 2 Department of Planning (hereinafter referred to as the "Elevation Plan"). Any roof mounted mechanical equipment shall be screened from view. 4. When the property is developed, only freestanding monument style signage may be erected on the Property, constructed with a base matching the material and predominant color of the retail shoppes. All building mounted signage shall be channel letters on a raceway (i.e. no block signs) and only the lettering may be illuminated. 5. A photometric plan (i.e. lighting plan) for the parking area shall be submitted for review with the Site Plan. In addition, wall mounted security lighting (i.e. 'wall packs") which are motion activated shall be installed on the western (i.e. rear) wall of the building at a height not to exceed seven feet (i) above grade. 6. The servicing (i.e. pickup and tipping) of the dumpster on the Property shall not be permitted prior to 8:00 AM or after 4:00 PM. The dumpster enclosure shall match the color and materials of the building exterior and shall be screened with landscaping. 7. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the R-IO and B-lA Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the PREPARED BY: Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted ;J13 SYI([S. ROURDON, by the governing body of the Grantee, after a public hearing before the Grantee which was i\iJ AIIffi\; & lM. P.c. advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as 3 PREPARED BY: ~m sYns. ROURDON, m AHrRN & UVY. P.c amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: Michael D. Sifen, Inc., a VIrginia corporation By: (SEAL) STATE OF VIRGINIA CTIY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 29th day of September, 2006, by Michael D. Sifen, President of Michael D. Sifen, Inc., a VIrginia corporation, Grantor. O~}HAJ O.oXlO.A tary Public - - My Commission Expires: Co -3D ' D~. 5 WITNESS the following signature and seal: Grantors: ~G~~ ~~j/7LJ J ~ - . -~Zorg A' Holloway~ (SEAL) (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this Zq day of September, 2006, by Ellis G. Holloway and Ingeborg A Holloway, husband and wife, Grantors. Q6h( Q ~D~ tl.1l JPublic - My Commission Expires: (p - -3 D - ~ 6 EXHIBIT "A" Parcell: ALL that certain lot, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, situate, lying and being in the Village of Lynnhaven, Lynnhaven Magisterial District, VIrginia Beach, Vrrginia (formerly Princess Anne County), as shown on a map and survey made by W.B. Gallup as "Property of Melvin C. Gimbert" and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, VIrginia, in Map Book 22, at Page 17 (erroneously referred to as Deed Book 251, at Page 41), and being more particularly bounded and described as follows: BEGINNING at a pin in the western line of Lynnhaven Road, which pin is S 67" 40' 00" W 25 feet from a point in the center line of the Lynnhaven Road located S 220 20' 00" E 285 feet, measured along the center line of Lynnhaven Road from the center line of the right of way of Virginia Beach Boulevard; and from said point of beginning running along the edge of the right of way of the Lynnhaven Road S 220 20' 00" E 225 feet to a pin; thence S 67" 40' 00" W 150 feet to a pin; thence N 220 20' 00" W parallel to the edge of the right of way of the Lynnhaven Road 225 feet to a pin; thence N 67" 40' 00" E 150 feet to the pin, the Point of Beginning. Said tract of land containing. 775 acre and being more particularly descnbed on said plat. LESS AND EXCEPT that parcel conveyed to the Commonwealth of Virginia by Deed dated March 11, 1986 recorded in the above referenced Clerk's Office in Deed Book 2493, at Page 1672 (see State Highway Plat Book 1, at Page 40). GPIN: 1497-35-4693 Parcel 2: ALL THAT certain tract, piece or parcel ofland with the buildings and improvements thereon, situate, . lying and being in the City of Virginia Beach, Virginia, and being more particularly bounded and described as follows, to-wit: BEGINNING at a point in the western line of North Lynnhaven Road, N 220 20' 00" West 70.00 feet from the dividing line of the property herein conveyed and the property designated E. White, .775 Ac. (Map Book 22, Pate 17 and Map Book 27, Page 51) and from said point of beginning running along the western line of North Lynnhaven Road S 220 20' 00" East 70.00 feet to a masonary nail in the dividing line between the property herein conveyed and the property of said E. White; thence turning and running along said dividing line S 67" 40' 00" West 150 feet to a pin; thence turning and running N 220 20' 00" West 69.05 (70.00 by deed) to a pin in the dividing line of the property herein conveyed and the property now or formerly Lessie M. Gimbert (Map Book 93, Page 6) and from said pin turning and running along the said dividing line between the property herein conveyed and the property of the aforesaid PREPARED BY, Lessie M. Gimbert N 670 18' 14" East 150 feet to a masonary nail in the western line of North 1m SYKrS, )JOURDON, Lynnhaven Road, the point of beginning. n AHERN & IIVY. P.c. 7 PREPARED BY: ~ SYKrS, ROURDON, UII AllmN & LEVY. P.c. LESS AND EXCEPT that portion acquired by the State Department of Highways and Transportation by Certificate of Take recorded in the Clerk's Office of the Circuit Court of the City ofVrrginia Beach, VIrginia, in Deed Book 2519, at Page 2118. GPIN: 1497-35-4783 Parcel 3: L THAT certain tract, piece or parcel of land with the improvements thereon, lying, situate and being in the Lynnhaven Borough in the City of VIrginia Beach, Virginia, and designated and described on a certain plat of survey entitled "Property of Melvin C. Gimhert, located near Lynnhaven-Princess Anne County, VIrginia", dated April 12, 1951, made by W.E. Gallup, which plat is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, irginia, in Map Book 27, at Page 51, designated on said plat as "Melvin C. Gimher (sic) .33 acres" and more particularly bounded and described as follows: BEGINNING at a pin on the Western side of Lynnhaven Road at the dividing line between this property and the property marked "E. White .775 acres", on said plat and from said pin running thence South 67 degrees 40 minutes West 150 feet to a pin; thence turning and running South 22 degrees 20 minutes East 101 feet to a pipe; thence turning and running North 63 degrees 51 minutes East 150.3 feet to a pipe in the Western side of the right of way of Lynnhaven Road; thence turning and running along the Western side of Lynnhaven Road North 22 degrees 20 minutes West 91 feet to a pin, the point of beginning. ERE is excepted from the above conveyance that certain parcel of land conveyed to the City of Virginia Beach, Vrrginia by deed, dated June 9, 1986, as described in Highway Plat Book 7, at Page 53, which deed is recorded in the said Clerk's Office in Deed Book 2509, at Page 1576. GPIN: 1497-35-6414 ConditionalRezone/Sifen/LynnhavenShoppesjProffer 8 - 41 - Item V-K.6. PLANNING ITEM # 56144 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED Ordinance upon application of VIRGINIA WESLEYAN COLLEGE for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF VIRGINIA WESLEYAN COLLEGE FORA CONDITIONAL USE PERMIT R020734208 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Virginia Wesleyan College for a Conditional Use Permit for student dormitories on property located at 5817 Wesleyan Drive (GP/N /468032646). DISTRICT 2 - KEMPSVILLE The following conditions shall be required: /, The site shall be developed in substantial conformance with the Concept Plan entitled, "Conceptual Site Layout Plan of Virginia Wesleyan College, Student Housing Village IV, " prepared by MSA, P.c., dated /2/06/06, 2, The overall size and massing of the proposed dormitories shall be substantially as depicted in the rendering entitled, "Elevations of Virginia Wesleyan College, Student Housing Village IV, " prepared by Covington Hendrix Anderson Architects, dated /2/01/06. 3, All outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected, shaded and focused away from adjoining properties, This Ordinance shall be effective in accordance with Section /07 (f) of the Zoning Ordinance, Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-seventh of February Two Thousand Seven Voting: /0-0 (By Consent) Council Members Voting Aye: William R, "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R, Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer February 27, 2007 - 42- Item V-L.1. APPOINTMENTS TEM # 56145 BY CONSENSUS, City Council RESCHEDULED: BEACHES AND WATERWAYS INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA February 27,2007 - 43 - Item V-L.2. APPOINTMENTS TEM# 56146 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Donald V. Jellig Unexpired term thru 12/31/2007 HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R, Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer February 27,2007 - 44- Item V-L.3. APPOINTMENTS TEM# 56147 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Buddy W. King Christopher M. Savvides Joyce Schmidt Helen P. Shropshire HEALTH SERVICES ADVISORY BOARD 3 year term 04/01/2007 - 03/31/2010 Voting: 10-0 Council Members Voting Aye: William R, "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer February 27,2007 - 45 - Item V-L.4. APPOINTMENTS TEM # 56148 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: A udrey Mills Dr. Agnes H. Moon Sylvia Strickland 3 year term 04/01/2007 - 03/31/2010 HUMAN RIGHTS COMMISSION Voting: 10-0 Council Members Voting Aye: William R, "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer February 27,2007 - 46- Item V-L. 5.. APPOINTMENTS TEM # 56149 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED Rosemary Wilson 1 year term 04/01/2007 - 03/31/2008 Voting: 10-0 Council Members Voting Aye: William R, "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer February 27, 2007 - 47- NEW BUSINESS ITEM # 56150 Mayor Oberndorf expressed appreciation to Councilman Villanueva for bringing the article appearing in the Nation's Cities' Weekly (February 19, 2007), The National League of Cities fifty-four (54) member cities were recognized by AMERICA'S PROMISE as among the One Hundred (l00) Best Communities for Young People. Virginia Beach was selected. Mayor Oberndorf recently had the distinct Honor of meeting Mrs, Colin Powell who attended the NLC Ceremony in her husband's stead. Mayor Oberndorf was among those Mayors invited to Philadelphia many years ago for Secretary of State's Colin Powell's chartering of AMERICA'S PROMISE, February 27,2007 - 48 - Item V-D. ADJOURNMENT ITEM # 56151 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:20 P.M. Q~__C2~~~~_ Bever!y 0. Hooks, CMC Chief Deputy City Clerk tt:~:!:::c~ City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia February 27, 2007