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Home My WebLink AboutJANUARY 13, 2004 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" MAYOR MEYERA E, OBERNDORF, At-Large VICE MAYOR LOUIS R, JONES, Bayside - District 4 HARRY E. DIEZ,EL, Kempsville - District 2 MARGARET L. EURE, Centerville - District I REBA S. McCLANAN, Rose Hall - District 3 RICHARD A. MADDOX, Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER W. SCHMIDT, At-Large RON A. VILLANUEV4, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, L.vnnhaven -District 5 CITY COUNCIL CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 23456-8005 PHONE: (757) 427-4303 FAX (757) 426-5669 EMAIL:Ctycncl@vbgov.com JAMES K. SPORE, City Manager LESLIE L. LILLEY, City Attorney RUTH HODGES SMITH, MMCA, City Clerk January 13, 2004 I. CITY MANAGER'S BRIEFING - Conference Room 1:00 P.M. A. WORKFORCE PLANNING and DEVELOPMENT Fagan Stackhouse, Director, Department of Human Resources B. BUDGET WORKSHOP PROCESS - CHANGES Catheryn Whitesell, Director, Department of Management Services II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room 3:00 P.M. A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION T FORMAL SESSION - Council Chamber 6:00 P.M. A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Thomas H. Britton Pastor, Retired C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS January 6, 2004 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA I. ORDINANCES / RESOLUTION 1. Ordinance to AMEND 9 12-43 of the City Code re the enforcement of the Virginia statewide Fire Prevention Code provisions regarding the overcrowding of certain spaces, floors and buildings 2. Ordinance to APPROPRIATE $17,991 in the Francis Land House Board of Governors Trust Fund to the Museums FY 2003-2004 operating budget re a donation to the Francis Land House Museum Foundation. 3. Resolution to request the Commonwealth of Virginia and the Federal Government refrain from passing under-funded and unfunded mandates on local governments; and, requesting Congress and the General Assembly review existing programs and reduce egregious requirements placed on local governments and school boards. J. PLANNING 1. Applications of SUDHAKAR J. LA VINGIA: (DISTRICT 1 - CENTERVILLE) a. Discontinuance. closure and abandonment of a portion of Stumpy Lake Lane west of Harris Creek Court b. Change of Zoning District Classification from R-10 Residential District to R-5D Residential Duplex District at: (1) Indian River Road and West Stumpy Lake Lane (2) South side of Stumpy Lake Lane Recommendation: APPROV AL 2. Petition for a Variance to S 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) for MARY E. FULCHER, to subdivide the property into four (4) single family dwellings at 4116 Duncannon Lane (DISTRICT 5 - L YNNHA VEN) Recommendation: DENIAL 3. Applications of SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) at 1989 Jake Sears Road: (DISTRICT 1 - CENTERVILLE) a. Change of Zoning District Classification/rom R-5D and R-7.5 Residential Districts and B-2 Community Business District to 1-2 Heavy Industrial District b. Conditional Use Permit for solid waste management Recommendation: APPROV AL 3. Application of HARBOUR TUGBOATS DAY CARE for a Conditional Use Permit for child care at Foundry United Methodist Church at 2801 Virginia Beach Boulevard and Foundry Lane (DISTRICT 6 - BEACH) Recommendation: APPROV AL 4. Ordinance to AMEND S 905 of the City Zoning Ordinance (CZO) re signs in the B-3A Pembroke Central Business District. Recommendation: APPROV AL K. APPOINTMENTS BOARD OF BUILDING CODE APPEALS - Plumbing/Mechanical CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY POLICY and MANAGEMENT TEAM - CSAAT=RISK YOUTH COMMUNITY SERVICES BOARD - CSB FRANCIS LAND HOUSE BOARD OF GOVERNORS HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL PLANNING COMMISSION PUBLIC LIBRARY BOARD SENIOR SERVICES OF SOUTHEASTERN VIRGINIA - SEV AMP TIDEWATER REGIONAL GROUP HOME COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION -VBCDC L UNFINISHED BUSINESS M. NEW BUSINESS 1. ABSTRACT OF CIVIL CASES RESOLVED - December 2003 N. ADJOURNMENT ** * * * * * * * * If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) * * * * * * * * * * Agenda Ol/13/04sb www.vbgov.com MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 13 January 2004 Mayor Meyera E. Oberndorf called to order the Constitutional Officer's Briefing g re WORKFORCE PLANNING and DEVELOPMENT in the Council Conference Room, City Hall, on Tuesday, January 13, 2004, at 1: 1 0 P.M. Council Members Present: Harry E. Diezel, Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt and Rosemary Wilson Council Members Absent: Ron A. Villanueva [Entered: 3:25 P.M./on return from Richmond General Assembly Session) James 1. Wood [Entered: 4: 17 P.M./ on return from Richmond General Assembly Session) - 2 - C IT Y MANA G E R 'S B R I E FIN G WORKFORCE PLANNING and DEVELOPMENT 1:10 P.M. ITEM # 52086 The City Manager advised Workforce Planning and Development was the result of City Council's desire to have additional information relative "succession planning" (aging of the City's workforce) and make sure the City has developed a skillful workforce to maintain the goals and objectives of the City. Fagan Stackhouse, Director of Human Resources, quoted Roger Wilkins: "The best hope of solving all problems lies in harnessing the diversity, the energy and the creativity of all people ". Mr. Stackhouse cited Factors Influencing Our Efforts: Adjusting to Impacts of Technology Balancing short-term issues with long-term planning Motivation for Career Development Future Workforce Changes Some predicted skill shortages Retirement Projections Retirement Projections 2004 2005 2006 2007 2008 Totals I Eligible Employees based on VRS 433:! 121 166 148 167 1035 Data 3 Employees Age 55 with 5 or more 269:! 80 104 120 114 687 years service but less than 30 years 4Employees Age 50 with 5 or more 61:! 12 14 32 43 162 years service but less than 25 years I Full Retirement: Age 50 and 30 years for General Employees - Age 50 and 25 years for public Safety Employees :! Includes 2003 and prior years 3 Reflects # of general employees who choose to retire without full service retirement 4Public Safety employees who chose to retire without full service retirement The City Manager advised City Council's 2020 Vision was derived at their Retreat. Virginia Beach is the leading organization in the Commonwealth. The Focus toward the future is on workforce planning and development. January 13, 2004 - 3 - C I T Y MANA G E R 'S B R I E FIN G WORKFORCE PLANNING and DEVELOPMENT ITEM # 52086 (Continued) Sustaining a Quality Workforce Match workforce needs with City's Vision Develop workforce strategies tailored to address gaps Build the capability needed to support departmental planning strategies Monitor and measure progress toward achieving programmatic and service delivery results Workforce Planning and Development (WFPD) is a methodical process that provides managers and supervisors with theframeworkfor assessing human resource needs. WFPD will ensure the City has: the right people, with the right skills, in the right place at the right time. Top 10 Reasons for Workforce Planing 1. Continuously scans the environment to identifY trends 2. Identifies leading industry practices 3. Allows you to fully access your current workforce 4. Determines future workforce needs 5. Identifies and addresses knowledge gaps 6. Provides a recruitment and selection strategy for each position - fits into the overall strategic plan 7. Anticipates change rather than being surprised by events 8. Assists in forecasting future budgetary needs 9. Develops employees to meet future service demand 10. Provides a comprehensive departmental plan - aligns workforce needs and operational needs WFPD COMMITTEE'S MODEL 20-member committee from throughout the City. (created approximately 2 years ago) Model developed based on various models around the country and our own unique organizational culture. THE MODEL OR WFPD GUIDE Designed with all departmental leaders in mind Provides a process to guide *WorkPAD: the engine thatfaciUtates data collection, retrieval and analysis January 13, 2004 - 4 - C I T Y MANA G E R 'S B R I E FIN G WORKFORCE PLANNING and DEVELOPMENT ITEM # 52086 (Continued) The W orkP AD was developed in-house. Mr. Stackhouse extended appreciation to Gwen Cowart, Director of COMIT and her staff. Communications and Information Technology (COM IT) partnered with Human Resources to develop the system. During the first phase, this WorkPAD received a national award. This system is currently tied into the BeachNet and is the engine that facilitates data collection, retrieval and analysis. WorkPAD provides data on projected retirements: job titles and descriptions, knowledge, skills and competencies, demographics and gaps in worliforce knowledge, skills and competencies. The Virginia Retirement System in Richmond has been linked to the WorkPAD and information can be provided on a periodic basis. WordPAD Components Personnel data Competency cluster Reports Employee Assessments Job Descriptions Mr. Stackhouse advised Human Resources is partnering with Tidewater Community College. Approximately twenty (20) of his staff will be trained on effective, coaching and counseling. Pilot efforts entail the Fire Department, Museums and Human Resources. Human Resources will have completed their Strategic and Worliforce Plan by June. The staffwill be aware of the gaps and skills shortages. Other departments are now being engaged to work with this department. Proper Training and WFPD Implementation Department Strategic Plan Worliforce Planning Team Worliforce Plan Adequate Resource Alignment Sustained Commitment Means: Alignment of the City's Human Resources with operational programmatic goals Develop long-term strategies for getting and keeping the right people to achieve the City's Mission and Goals The City must be constantly vigilant in moving Four Keys to Successful WFPD: Future Focus Common Language Workable Method Organizational Commitment January 13, 2004 - 5 - C I T Y MANA G E R 'S B R I E FIN G WORKFORCE PLANNING and DEVELOPMENT ITEM # 52086 (Continued) Mr. Stackhouse quoted Jim Collins - "Good to Great". "People are not your most important asset!" "The right people are? " Mr. Stackhouse advised his colleagues have called and advised they are hiring our personnel from our City. Councilman Diezel believes this is a plus and indicated the City was doing an excellent job. Mr. Stackhouse advised a committee has been working on knowledge management to capture the knowledge of certain key personnel. Timing will be critical as with retirement the City will/oose this component. The City needs to chronicle this employee and formulate his assets into competencies, knowledge, skills and abilities to replicate with the new employee. Mr. Stackhouse advised job rotation is encouraged. Once the skill of the individual is assessed, this will enrich the organization and provide a better support base. The Worliforce Planning and Development will be an ongoing effort by the various departments. Approximately $250,000, was expended relative WordPAD, principally involving additional support staff to assist Communication and Information Technology. Other costs, the realignment of personnel, to perform the work, would be in-house. Council Lady McClanan requested information relative the members of the Committee, the number ofhours expended on meetings as well as information relative productivity of the meetings. Mr. Stackhouse advised the twenty (20) member committee has completed its mission. The development of a successful exit process is also beingformulated. The questionnaire will be centralized. Mr. Stackhouse will provide the exact number of retirees in 2003. Mr. Stackhouse advised the Mayor, the Plan must fully justify the numbers of employees required. If technology can do the work, perhaps expansion in many areas might not be necessary. January 13, 2004 - 6- C I T Y MANA G E R 'S B R I E FIN G BUDGET WORKSHOP PROCESS - CHANGES 2:00 P.M. ITEM # 52087 The City Manager, advised re self evaluation, following the Budget process last May, City Council expressed a desire to perform the budget review in a different manner. Councilman Diezel circulated an alternative. Catheryn Whitesell, Director of Management Services, advised the purpose of Budget Workshops: To provide an opportunity to discuss policy and programs contained in the Proposed Operating Budget and Capital Improvement Program. What Determines Number of Workshops Needed Amount and variety of information to be covered. How much detailed information City Council desires on each subject. Number of major policy considerations and program adjustments Other issues before the City Council Departmental Focus Workshop Process used in FY 2003 & 2004 Brief Overview of Business Area Presentations by Department Directors Questions from City Council Thisformat requires a minimum offour (4) workshops plus the Reconciliation Workshop (Last year six (6) workshops were needed plus the Reconciliation Workshop) TENTATIVE Workshop and Public Hearing Dates February 3, 2004 Update of Five Year Forecast March 30,2004 Presentation of the FY 2004-05 Resource Management Plan April 13, 2004 Tentative Workshop April 15, 2004 Public Hearing April 20, 2004 Tentative Workshop/Public Hearing April 27, 2004 Tentative Workshop May 4,2004 Tentative Workshop May 6, 2004 Reconciliation Workshop May 11,2004 Adoption of FY 2004-05 Resource Management Plan January 13, 2004 - 7 - C I T Y MAN AGE R 'S B R I E FIN G BUDGET WORKSHOP PROCESS - CHANGES ITEM # 52087 (Continued) Council Lady Wilson inquired relative meeting on May Fourth, as this is Election Day. The City Manager advised City Council usually does not meet on Councilmanic Election days. Virginia Beach City Schools chooses the day which best works for their schedule. Concern was also expressed relative Spring Break Alternative Formats for Workshops Council Member Diezel's proposal Business Area Focus Policy and Program Changes Focus Council Member Diezel's Proposal Departments videotape presentations which would run on Channel 48 Department presentation outlines included with documents Council Members can request more information and/or ask questions at Workshops This format is expected to require two (2) Workshops plus the Reconciliation Workshop Business Area Focus Brief Overview of Business Area by Management Services Questions from City Council to Departments contained in the business area This format would require four (4) Workshops plus the Reconciliation Workshop Policy & Program Changes Focus Major policy issues and program changes would be identified and discussed It is anticipated that two (2) Workshops plus the Reconciliation Workshop would be needed. Mrs. Whitesell advised this is the City Councils process and the method of approach is their decision. January 13, 2004 - 8 - C IT Y MANA G E R 'S B R I E FIN G BUDGET WORKSHOP PROCESS - CHANGES ITEM # 52087 (Continued) Mayor Oberndorf complimented the e-streaming of the City Council Sessions on www.vbrzov.com.Mr. David Sullivan, Chief Information D.fficer, advised all City Council Budget Workshops are e-streamed. Council Lady Eure suggested an advanced outline of the Department Director's presentation in order for City Council to inquire relative certain items. Councilman Diezel advised concern relative Mental Health and Social Services. Councilman Schmidt advised if the Departments are limited to a certain time, the City Council should be limited in their questioning. Council Lady McClanan did not wish to make any dramatic changes. The Mayor advised, generally in the past, the Mayor and Vice Mayor, before the Reconciliation Workshop, have historically forwarded a letter to the City Council inquiring whether these ordinances were the proposed direction of City Council. Last year, another agenda was introduced. Vice Mayor Jones suggested four (4) Workshops comprised of three hours rather than two would be preferable. An outline provided from each Department Director is an excellent idea. Councilman Diezel advised occasionally, with the City Manager's permission, he will go to the Department Directors with his individual questions. During the budget process, he will provide City Council with the responses. Councilman Reeve advised on March 30, 2004, the proposed FY 2004-05 Resource Management Plan will be online. Compact discs will be available that night. January 13, 2004 - 9- CITY COUNCIL COMMENTS 2:35 P.M. ITEM # 52088 Mayor Oberndorf referenced the scheduling of a Retreat to evaluate goals and objectives from the August Retreat and determine the progress. BY CONSENSUS, City Council Scheduled the Retreatfor Tuesday, February 17, 2004, 8:30 A.M. - 5:00 P.M., Department of Economic Development, TownCenter. January 13, 2004 - 10- AGE N DA REV I E W S E S S ION 2:47 P.M. ITEM # 52089 1.2. Ordinance to APPROPRIATE $17,991 in the Francis Land House Board of Governors Trust Fund to the Museums FY 2003- 2004 operating budget re a donation to the Francis Land House Museum Foundation Mayor Oberndorf referenced correspondence advising the Francis Land House Board of Governors Executive Committee has requested the item be WITHDRA WN at this time. This will allow the newly elected Executive Committee to further study the issue. ITEM # 52090 I. 3. Resolution to request the Commonwealth of Virginia and the Federal Government refrain from passing under-funded and unfunded mandates on local governments; and, requesting Congress and the General Assembly review existing programs and reduce egregious requirements placed on local governments and School Boards. Council Lady Wilson requested this item be DEFERRED until the City Council Session of January 27, 2004. The Virginia Beach School Board has not had a chance to review this item. ITEM # 52091 BY CONSENSUS, the following shall compose the CONSENT AGENDA: ORDINANCES 1.1. Ordinance to AMEND ~ 12-43 of the City Code re the enforcement of the Virginia statewide Fire Prevention Code provisions regarding the overcrowding of certain spaces, floors and buildings 1.2. Ordinance to APPROPRIATE $17,991 in the Francis Land House Board of Governors Trust Fund to the Museums FY 2003- 2004 operating budget re a donation to the Francis Land House Museum Foundation 1.3. Resolution to request the Commonwealth of Virginia and the Federal Government refrain from passing under-funded and unfunded mandates on local governments; and, requesting Congress and the General Assembly review existing programs and reduce egregious requirements placed on local governments and school boards. Item 1.2. will be WITHDRAWN, BY CONSENT Item 1.3 will be DEFERRED, BY CONSENT, until the City Council Session of January 27,2004. January 13, 2004 - 11 - AGE N DA REV I E W S E S S ION ITEM # 52092 J.l. Applications of SUDHAKAR J. LAVINGIA: (DISTRICT 1 - CENTERVILLE) a. Discontinuance, closure and abandonment of a portion of Stumpy Lake Lane west of Harris Creek Court b. Change of Zoning District Classification from R -10 Residential District to R-5D Residential Duplex District at: (1) Indian River Road and West Stumpy Lake Lane (2) South side of Stumpy Lake Lane Councilman Reeve inquired if the applicant will utilize someone else's Best Management Practice System (BMP) or discharge straight to Stumpy Lake. Steven White, advised the drainage will go to another storm water facility. The City Clerk advised the Street Closure Ordinance was distributed to City Council today because it was not included in City Council's Agenda. ITEM # 52093 J.2. Petitionfor a Variance to ~ 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) for MARY E. FULCHER, to subdivide the property into four (4) single family dwellings at 4116 Duncannon Lane (DISTRICT 5 - LYNNHA VEN) Vice Mayor Jones advised Councilman Wood forwarded correspondence requesting this item be WITHDRA WN. ITEM # 52094 J. 5. Ordinance to AMEND 9 905 of the City Zoning Ordinance (CZO) re signs in the B-3A Pembroke Central Business District. Associate City Attorney Kay Wilson distributed a Revised Ordinance and advised the following line was deleted: "..and (ii) the Planning Director and Zoning Administrator concur.. " As the maximum of one and eight-tenths (1.8) square feet of sign area allowed for each foot of building footage, was reduced to one and two-tenths (1.2) square feet of signed area, the staff did not believe the approval was necessary. Council Lady McClanan will vote NAY on this item. January 13, 2004 - 12 - AGE N DA REV I E W S E S S ION ITEM # 52095 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: PLANNING 1.1. Applications ofSUDHAKAR J. LA VINGIA: (DISTRICT 1 - CENTERVILLE) a. Discontinuance, closure and abandonment of a portion of Stumpy Lake Lane west of Harris Creek Court b. Change of Zoning District Classificationfrom R-10 Residential District to R -5D Residential Duplex District at: (1) Indian River Road and West Stumpy Lake Lane (2) South side of Stumpy Lake Lane 1.2. Petition for a Variance to ~ 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) for MAR Y E. FULCHER, to subdivide the property into four (4) single family dwellings at 4116 Duncannon Lane (DISTRICT 5 -LYNNHAVEN) 1.3. Applications of so UTHEAS TERN PUBLIC SERVICE AUTHORITY (SPSA) at 1989 Jake Sears Road: (DISTRICT 1 - CENTERVILLE) a Change of Zoning District Classification from R-5D and R-7.5 Residential Districts and B-2 Community Business District to 1-2 Heavy Industrial District b Conditional Use Permit for solid waste management 1. 4. Application of HARBOUR TUGBOA TS DA Y CARE for a Conditional Use Permit for child care at Foundry United Methodist Church at 2801 Virginia Beach Boulevard and Foundry Lane (DISTRICT 6 - BEACH) J. 5. Ordinance to AMEND ~ 905 of the City Zoning Ordinance (CZO) re signs in the B-3A Pembroke Central Business District. Item /.2. will be WITHDRAWN, BY CONSENT Item 1. 5. will be REVISED, BY CONSENT. Council Lady McClanan will vote a VERBAL NA Y January 13, 2004 - 13 - ITEM # 52096 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEA CH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, January 13, 2004, at 2:55 P.M. Council Members Present: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt and Rosemary Wilson Council Members Absent: Ron A. Villanueva and James L. Wood January 13, 2004 - 14- ITEM # 52097 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MA TTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of spec(fic public officers, appointees or employees pursuant to Section 2.2-3711 (A) (1). To Wit: Appointments: Boards and Commissions: Board of Building Code Appeals Chesapeake Bay Preservation Area Board Community Policy and Management Team Communizy Services Board Francis Land House Board of Governors Hampton Roads Economic Development Alliance Human Rights Commission Minority Business Council Open Space Committee Parks and Recreation Commission Planning Commission Public Library Board Senior Services of Southeastern Virginia Tidewater Regional Group Home Commission Virginia Beach Community Development Corporation PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, the disposition of publicly- held property. 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). Agricultural Reserve Program Princess Anne Distirct Acquisition/Disposition of Property - Beach District Princess Anne District L ynnhaven District LEGAL MA TTERS: 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). 3}Sf Street Project Upon motion by Councilman Reeve, seconded by Councilman Maddox, City Council voted to proceed into CLOSED SESSION. January 13, 2004 - 15 - ITEM # 52097 (Continued) Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva [Entered: 3:25 P.M.!on route from Richmond General Assembly Session) James L. Wood [Entered: 4: 17 PM.! on route from Richmond General Assembly Session) Vice Mayor Jones left during discussion of acquisition of Property in Lynnhaven District (5:21 P.M.-5:35 P.M.) Council Lady Wilson left during discussion of Thirty -first Street (4:00 P.M. - 5: 15 P.M.) (Break: 2:55 - 3:10 P.M.) (3:10 P.M. - 5:38 P.M.) (Dinner: 5:38 - 6:00 P.M.) January 13, 2004 - 16- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL January 13, 2004 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, January 13, 2004, at 6:00 P.M. Council Members Present: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Reverend Thomas H. Britton Pastor, Retired PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA January 13, 2004 - 17 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 52098 Upon motion by Council Lady Wilson, seconded by Councilman Reeve, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies,' AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 13, 2004 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 # 52097, page 14 , and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3711(A) of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ~~#4- uth Hodges Smith, MMCA City Clerk January 13, 2004 - 18- Item V-F. 1. MINUTES ITEM # 52099 Upon motion by Councilman Schmidt, seconded by Councilman Reeve, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of January 6, 2004. Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Rosemary Wilson Council Members Absent: None Council Lady Wilson ABSTAINED, as she was out of the City on business and not in attendance during the City Council Session of January 6, 2004. January 13, 2004 - 19- Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM # 52100 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION January 13, 2004 - 20- Item V-G. 1. MA YOR'S ANNOUNCEMENT ITEM # 52101 Mayor Oberndorfintroduced the Boy Scouts in attendance to earn their Citizenship in the Community Merit Badge: BOY SCOUT TROOP 471 SALEM METHODIST CHURCH Roger Malbon Karl Stolte James Moon Corey Petersen Mike Esbrant Ryan Sparling Justin Grabeel Daniel Brooks Jake Elliker Greg Grabeel Troop Committee Mary Moon Troop Committee Alt Dyerson Assistant Scout Master BOY SCOUT TROOP 62 SCOTT MEMORIAL UNITED METHODIST CHURCH Matthew Perry Bryan Perry Scout Master January 13, 2004 - 21 - Item V-I. ORDINANCES/RESOLUTION ITEM # 52102 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED IN ONE MOTION Ordinance 1, 2(WITHDRA WN), and Resolution 3 (DEFERRED) of the CONSENT AGENDA. Item 2 was WITHDRA WN, BY CONSENT. Item 3 was DEFERRED until the City Council Session of January 27,2004, BY CONSENT. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 13, 2004 - 22- Item V-I. 1. ORDINANCES ITEM # 52103 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to AMEND ~ 12-43 of the City Code re the enforcement of the Virginia statewide Fire Prevention Code provisions regarding the overcrowding of certain spaces, floors and buildings Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 13, 2004 1 AN ORDINANCE TO AMEND CITY CODE SECTION 2 12-43 PERTAINING TO THE ENFORCEMENT OF 3 FIRE CODE PROVISIONS REGARDING THE 4 OVERCROWDING OF CERTAIN SPACES, FLOORS 5 AND BUILDINGS 6 7 SECTION AMENDED: ~ 12-43 8 9 Sec. 12-43. Amendments. 10 11 (a) As authorized by Code of Virginia, section 27-97, 12 the following provisions of the Virginia Statewide Fire 13 Prevention Code are hereby adopted and amended. 14 (b) Section F-403.1 is hereby amended to read as 15 follows: 16 Section F-403.1. Open Burning: Open burning shall be 1 7 conducted in accordance wi th the laws and regulations set 18 forth by the department of environmental quality (air 19 division), the department of forestry, and sections 12-3 20 through 12-5 of this chapter. 21 19l Section 1003.2.2.5 is hereby amended to include: 22 III Section 1003.2.2.5.1. Overcrowdina: It shall 23 be unlawful for any person to permit 24 overcrowdina or admittance of any person 25 beyond the approved occupant load. The code 26 official, upon findina overcrowded conditions 27 or obstruction in aisles, passaaewavs or other 28 means of earess, or upon findina any condition 29 which constitutes a hazard to life and safety, 30 shall performance, the occupancy, cause 31 presentation, spectacle or entertainment to be 32 stopped until such a condition or obstruction 33 is corrected and the addition of any further 34 orohibi ted until the approved occupants 35 occupant load is reestablished. 36 l2l Section 1003.2.2.5.2. Operator responsi- 37 bilitv: The operator or the person responsible 38 operation or of assembly for the an 39 educational occupancy shall check earess 40 facilities before such buildina is occupied to 41 determine compliance wi th this section. If 42 such inspection reveals that any element of 43 the required means of earess cannot be 44 accessed, is obstructed, locked, fastened or 45 otherwise unsuited for immediate utilization, 46 admittance to the buildina shall not be 47 permitted until necessary corrective action 48 has been completed. 49 Adopted by the Council of the City of Virginia Beach, 50 Virginia, on the 13th day of January, 2004. CA-9081 Ordin/Proposed/12-43ord.doc R3 December 29, 2003 2 - 23 - Item V-I.2. ORDINANCES ITEM # 52104 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ALLOWED WITHDRAWAL: Ordinance to APPROPRIATE $17,991 in the Francis Land House Board of Governors Trust Fund to the Museums FY 2003-2004 operating budget re a donation to the Francis Land House Museum Foundation. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 13, 2004 - 24- Item V-I. 3. ORDINANCES ITEM # 52105 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council DEFERRED, until the City Council Session of January 27, 2004: Resolution to request the Commonwealth of Virginia and the Federal Government refrain from passing under-funded and unfunded mandates on local governments; and, requesting Congress and the General Assembly review existing programs and reduce egregious requirements placed on local governments and School Boards. Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None January 13, 2004 Item V-J. PLANNING 1. SUDHAKAR J. LA VINGIA 2.MARY E. FULCHER 3. SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) 4. HARBOUR TUGBOA TS DA Y CARE 5. CITY ZONING ORDINANCE - 25 - ITEM # 52106 STREET CLOSURE CHANGE OF ZONING VARIANCE CHANGE OF ZONING CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT AMEND ~ 905 re signs in the B-3A Pembroke Central Business District January 13, 2004 - 26- Item V-J. PLANNING ITEM # 52107 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED IN ONE MOTION Items 1,2 (WITHDRAWN), 3, 4 and 5 (AS REVISED) of the PLANNING BY CONSENT AGENDA. Item J.2. will be WITHDRAWN, BY CONSENT Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Council Lady McClanan will vote NA Y on Item J.5. (CZO re signs) January 13, 2004 - 27- Item V-J.1. PLANNING ITEM # 52108 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED Ordinances upon application of SUDHAKAR J. LA VINGIA for the discontinuance. closure and abandonment of a portion of Stumpy Lake Lane west of Harris Creek Court and Conditional Changes of Zoning: Application of Sudhakar J. Lavingia for the discontinuance, closure and abandonment of a portion of Stumpy Lake Lane beginning at a point 103.08 feet west of Harris Creek Court and running in a westerly direction a distance of 137.46feet. DISTRICT 1- CENTERVILLE The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to he 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. In addition, consideration may be given to crediting the purchase price to the City's share of cost based on the Cost Participation Agreement for the improvements to Stumpy Lake Lane. 2. The applicant is required to 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 is required to verifY that no private utilities exist within the right-ofway proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council (January 12, 2005). If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-ofway, this approval shall be considered null and void. AND, January 13, 2004 - 28- Item V-J.1. PLANNING ITEM # 52109 (Continued) ORDINANCE UPON APPLICATION OF SUDHAKAR J. LA VINGIA and GEETA S. LA VINGIA FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-10 TO CONDITIONAL R-5D Z01041172 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACll, VIRGINIA Ordinance upon Application of Sudhakar J. Lavingia and Geeta S. Lavingia for a Change of Zoning District Classification from R-10 Residential District to Conditional R-5D Residential Duplex District on property located at the southeast intersection of Indian River Road and West Stumpy Lake Lane (GPIN 14741794550000). The Comprehensive Plan recommends use of this site for residential uses at or below 3.5 dwelling units per acre. DISTRICT 1 -- CENTER VILLE AND, ORDINANCE UPON APPLICATION OF SUDHAKAR J. LA VINGIA and GEETA S. LA VINGIA FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-10 TO CONDITIONAL R-5D Z01041173 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Sudhakar J. Lavingia and Geeta S. Lavingia for a Change of Zoning District Classification from R-10 Residential District to Conditional R-5D Residential Duplex District on property located on the south side of Stumpy Lake Lane, approximately 1250 feet east of Indian River Road (GPIN 1474275741). The Comprehensive Plan recommends useofthissitefor residential uses at or below 3.5 dwelling units per acre. DISTRICT 1 - CENTERVILLE The following condition shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. These Ordinances shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of January, Two Thousand Four January 13, 2004 Item V-J.1. PLANNING Voting: - 29- ITEM # 52109 (Continued) 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 13, 2004 ORDINANCE NO. IN THE MATTER OF CLOSING, V ACA TING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS STUMPY LAKE LANE AS SHOWN ON THAT CERTAIN PLAT ENTITLED "EXHIBIT PLAT SHOWING A PORTION OF STUMPY LAKE LANE TO BE CLOSED ADJACENT TO PROPERTY OF SUDHAKER J. LA VINGIA & GEETA S. LA VINGIA (INSTR. #200307160109052) VIRGINIA BEACH, VIRGINIA": WHEREAS, Sudhaker 1. Lavingia and Geeta S. Lavingia applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated, subject to certain conditions having been lnet on or before one (1) year from City Council's adoption of this Ordinance; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: SECTION I That the hereinafter described street be discontinued, closed and vacated, subject to certain conditions being met on or before one (1) year from City Council's adoption of this ordinance: GPIN: 1474-48-0397,1474-48-5525 1 All that certain piece or parcel of land situate. lying and being in the City of Virginia Beach, Virginia. designated and described as "PORTION OF STUMPY LAKE LANE TO BE CLOSED" and further described as "AREA OF STUMPY LAKE LANE TO BE CLOSED = 4,131 SQUARE FEET/0.095 ACRE" shown as the cross-hatched area on that certain plat entitled: "EXHIBIT PLAT SHOWING A PORTION OF STUMPY LAKE LANE TO BE CLOSED ADJACENT TO PROPERTY OF SUDHAKER J. LAVINGIA & GEETA S. LAVINGIA (INSTR. #200307160109052) VIRGINIA BEACH. VIRGINIA". Scale: 1" = 30', dated July 29. 2003. prepared by John E. Sirine and Associates. Ltd.. a copy of which is attached hereto as Exhibit A. SECTION II The following conditions must be met on or before one (1) year from City Council's adoption of this ordinance: 1. The City Attorney's Office will Inake the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of said 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 resubdivision plat shall 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 proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, the applicant shall provide easements satisfactory to the utility companies. 2 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within one year of approval by City Council. If all conditions noted above are not in compliance and the final plat is not approved within one year of the City Council vote to close the street, this approval will be considered null and void. SECTION III 1. If the preceding conditions are not fulfilled on or before January 12,2005, this Ordinance will be deemed null and void without further action by the City Council. 2. If all conditions are met on or before January 12, 2005, the date of final closure is the date the street closure ordinance is recorded by the City Attorney. 3. In the event the City of Virginia Beach has any interest in the underlying fee, the City Manager or his designee is authorized to execute whatever documents, if any, that may be requested to convey such interest, provided said documents are approved by the City Attorney's Office. SECTION IV A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor" and SUDHAKER J. LAVINGIA and GEETA S. LAVINGIA as "Grantee." 3 Adopted by the Council of the City of Virginia Beach, Virginia, on this 13th day of January , 20 04. CA -9023 December 29, 2003 F.\Data\ATY\Forms\Street Closure\ WORKlNG\C A 902.1. ORD.doc '2.- ~.. D-, ning Department APPROVED AS TO LEGAL SUFFICIENCY: /i~1 ( (4 (f~ ' ~ City Attorney 4 NOTES: 1. THE MERIDIAN SOURCE OF THIS PLAT .IS BASED ON THE VIRGINIA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD 1983/86. COORDINATE VALUES SHOWN ARE EXPRESSED IN INTERNATIONAL FEET (ONE FOOT EQUALS 0.3048 METERS~ 2. PORTION OF STUMPY LAKE LANE TO BE CLOSED: V / '/ / A 3. AREA OF STUMPY LAKE LANE TO BE CLOSED = 4131 SQUARE FEET/0,.Q95 ACRE. 4. THIS PLAT IS NOT INTENDED TO SHOW ANY EASEMENTS OR PHYSICAL FEA TURES THAT MAY AFFECT THIS PROPERTY. 5. THIS PLAT DOES NOT CONSTITUTE A SUBDIVISION OF LAND. 6. THIS PLAT PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. ~ ~'IO t8J. ~~ 0Cl k'~ ~~ i~ 8~ ~ NOW OR FORMERLY SUDHAKER J. LA VINGIA & GEETA S. LAVINGIA (0.8. 4152, P. 1793) GPIN 1474-48-3602 I-:c ........ <(1-00(~ ::::> I Z ~O ~ ~ Q <(/")oo( en a.. . 51...L.0Cl .a.. BO)-ONui ~ W~ W N In --1 en N .." I- ZOO( ZWJ:aj W --1 a.. . (De" ~ LOT 139 GPIN 1474-48-4782 N .68.25'09" E J STUMPY LAKE LANE C/} N 68'26'41" E / _ 103.08' I-- ~ o u ,~~ i t::t~~ ff: 0.' ~ ~ ,^ C'I "I ai iE ~ 0:- ~ 4J . . I/} . I") Q:)f :2 .1/} o' d I") It) <0 P .- .... STUMPY LAKE LANE (50' R/W) (M.B. 73. P. 38) N 3,448 524.801 N 3,448 575.359 E 12,174,329.505 E 12,174,457.326 N 68.25'09" E 137.46' /' // / /' // /'/"'>,/ //// // ./'..// ,/ ...,...///,../../....~.. /.1",/ '<1"./..../ / /.' I...'" /' /R/~.5O:o6// ,/'" ~~B /...'..'. "'.// /././ / / '6,/ '13~"ig-'6~t'/' / /... '~/'.....:::,~..':,.:.>/:./~A/~:'j.i1~ 1'2',>':>// /<:." " <~'//':>/' ,/,-f /,<la$;'~r/ ,<,./~:~.., // .. / /' ,/ /e/=;/9~. ai. 1./' '....... ,/ ./'.,/ . ,/1 ,... .,<,../ ,'</tB/.~' ...S. 5e'4O:2B" 'Vt{ , // / / ./' // /'./ / . :/' LOT 138 '<</t.'/ /~,/:",'/'></< ~/ GPIN 1474- 48- 5525 .'~'~ RIGHT-OF"-WAY LINE PROPERTY OF TO BE VACATED SUDHAKER J. LA VINGIA & GEET A S. LA VINGIA (INSTR. #200307160109052) GPIN 1474- 48-0397 R = 50.00' Ii = 60.00'00" A = 52.36' T = 28.87' C = 50.00' CB = N 81.34'51" W SUBDIVISION OF BENTLEY GA TE AT GLEN WOOD SOUTH PHASE 2, PART A (M.B. 225, P. 86-89) (60') EXHIBIT PLAT SHOWING A PORTION OF STUMPY LAKE LANE TO BE CLOSED ADJACENT TO ' PROPERTY OF SUDHAKER J. LAVINGIA &; GEETA S. LAVINGIA (INSTR. #200307160109052) VIRGINIA BEACH, VIRGINIA SCALE: 1"=30' JULY 29, 2003 JOHN E. SIRINE AND ASSOCIATES. L TO. SURVEYORS ENGINEERS PLANNERS 4317 BONNEY ROAD VIRGINIA BEACH, VIRGINIA 23452 o 30 60 90 120 FEET I I I I ! GRAPHIC SCALE REVISED: 10/16/03 SHEET 1 OF 1 EXHIBIT A F'ORM NO. P.S. 18 Cit:Y' of Virgi:r1ia Beach INTER-OFFICE CORRESPONVENCE In Reply Refer To Our File No. DF-5753 DATE: January 5, 2004 TO: Leslie L. Lille~\ ~ B. Kay Wilson \~- DEPT: City Attorney FROM: DEPT: City Attorney RE: Conditional Zoning Application Sudhakar J. and Geeta S. Lavingia The above-referenced conditional zoning application is scheduled to be heard by the City Council on January 13, 2004. I have reviewed the subject proffer agreement, dated May 25, 2003, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure PREPARED BY: I,m SITts. ROURDON. ill AYtRN &. Lm. P.c. SUDHAKAR J. LAVINGIA and GEETA S. LAVINGIA, husband and wife TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 25th day of May, 2003, by and between SUDHAKAR J. LAVINGIA and GEETA S. LAVINGIA, husband and wife, Grantors, parties of the first part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, GRANTEE, party of the second part. WITNESSETH: WHEREAS, the parties of the first part are the owners of two (2) parcels of property located in the Centerville District of the City of Virginia Beach, containing approximately 9.769 acres which are more particularly described as Parcels 1 and 2 in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the parties of the first part have initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the GRANTEE so as to change the Zoning Classification of the Property from R-IO Residential District to R-5D Residential District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 1474-17-9455 1474-27-5741 - 1 - WHEREAS, the Grantors acknowledge that th~ competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the R-5D Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro QUO for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed, it shall be developed as no more than thirty-six (36) single family residential building lots substantially in conformance with the Exhibit entitled "LAND USE PLAN FOR SUDHAKAR J. LAVINGIA," dated PREPARED BY: January 9, 2003, prepared by John E. Sirine & Associates, Ltd., which has been ~,m SYk'IS. YOURDON. exhibited to the Virginia Beach City Council and is on file with the Virginia Beach ~ll AMiRN & im'. P.c. Department of Planning ("Lot Plan"). - 2 - 2. All residential dwellings constructed on the Property shall have a minimum of 2200 square feet of enclosed living area. 3. When the Property is subdivided, the Grantors agree to participate with the Grantee in the cost of constructing that section of Stumpy Lake Lane east of the Property to its intersection with Archdale Drive, including the intersection with Archdale Drive. 4. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if 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 instrumen t, provided that said instrument is consented to by the Gran tee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the go-verning body of the City of PREPARED BY: Virginia Beach, Virginia, to administer and enforce the foregoing conditions and ~.m SYKrS. ROURDON. restrictions including the authority (a) to order in writing that any noncompliance JiI AM[RN & lm. p.c.' " with such conditions be remedied; and (b) to bring legal action or suit to insure 3 PREPARED BY: :J.rn SYKt:S. 90URDON. ~'iI AYf:RN & 1M. P.c. compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantors and the Grantee. 4 PREPARED BY: ~,m SYIa:S. BOURDON. ~ll ;':\J.lI:RN &. lm. P.C WITNESS the following signatures and seals: Grantors: ~ ) '... ~ ~~-J-. ~""74sEAL) .~ r Sudhakar J. L~ingia p" q <2 del. s Leu) ( n(j; c~ .....J Geeta S. Lavingia (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: . I The foregoing instrument was acknowledged before me this Zq-(;J day of May, 2003, by Sudhakar J. Lavingia and Geeta S. Lavingia, husband and wife, Grantors. 1 J/' /" , - .' , {J --. ' 'I ' . J :! I:#; / I V, .;:/7 e.t;r;.tg Notary Public My Commission Expires: August 31, 2006 - 5 - PREPARED BY: GJ SYKfS. ROURDON. II P.U1;:RN &. UTI. P.c. EXHIBIT "A" PARCEL ONE: ALL that certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as Part of Parcel B, as shown on that certain plat entitled, "SUBDIVISION OF J.D. LARGE FARM, VIRGINIA BEACH, VIRGINIA" which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 57, at Page 30. Beginning at a point in the east right-of-way line of Indian River Road at its intersection with the southern right-of-way line of Stumpy Lake; thence with the southern line of Stumpy Lake Lane, N 760 44' 30" E, 681.00 feet to a point; thence N 760 35' 50" E, 260.11 feet to a point; thence N 780 46' 50" E, 138.99 feet to a point; thence N 760 47' 28" E, 167.32 feet to a point; thence leaving Stumpy Lake Lane S 130 12' 32" E, 222.15 feet to a point; thence S 710 42' 15" W, 116.09 feet to a point; thence S 720 18' 30" W, 353.67 feet to a point; thence S 720 18' 30" W, 476.50 feet to a point; thence S 730 25' 30" W, 235.19 feet to a point in the eastern right-of-way line of Indian River Road; thence along the said right-of-way line of Indian River Road; thence along the said right-of-way with a curve to the left having a radius of 954.72 feet a length of 88.41 feet, thence N 260 19' 30" W, 233.70 feet to the place and point of beginning. GPIN: 1474-17-9455 PARCEL 2: ALL that certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as Parcel B-2, as shown on that certain plat entitled, "SUBDIVISION OF J.D. LARGE FARM, VIRGINIA BEACH, VIRGINIA" which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 282, at Page 41. GPIN: 1474-27-5741 CONDREZONE j LA VINGIAjSTUMPYlAKEjPROFFER4 - 6 - - 30- Item V-J.2. PLANNING ITEM # 52110 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ALLOWED WITHDRAWAL of the petition of MARY E. FULCHERfor a Variance to ~ 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) to subdivide the property into four (4) single family dwellings. Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Mary E. Fulcher. Property is located at 4116 Duncannon Lane (GPIN 14870721280000). DISTRICT 5 -LYNNHAVEN Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 13, 2004 - 31 - Item V-J.3. PLANNING ITEM # 52111 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED Ordinances upon application of Applications of SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) for a Change of Zoning and Conditional Use Permit: ORDINANCE UPON APPLICATION OF SOUTHEASTERN PUBLIC SERVICE AUTHORITY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5D AND R-7.5 AND B-2 TO 1-2 HEA VY INDUSTRIAL DISTRICT ZO 1041174 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of South eastern Public Service Authority for a Change ofZoninf! District Classificationfrom R-5D and R-7.5 Residential Districts and B-2 Community Business District to 1-2 Heavy Industrial District on property located at 1989 Jake Sears Road (portions of GPINS 14555036820000; 14556019060000; 14557019350000; 14553576950000; 14546936500000; 14546918540000,. 14556088900000). The Comprehensive Plan recommends use of this site for a variety of employment uses including business parks, offices, appropriately located industrial and employment support uses. DISTRICT 1 - CENTER VILLE AND, ORDINANCE UPON APPLICATION OF SOUTHEASTERN PUBLIC SER VICE A UTHORITY FOR A CONDITIONAL USE PERMIT FOR A SOLID WASTE MANAGEMENT FACILITY ROI0431156 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Southeastern Public Service Authority for a Conditional Use Permit for a solid waste management facility on property located at 1989 Jake Sears Road (portions of GPINS 14555036820000; 14556019060000; 14557019350000; 14553576950000; 14546936500000; 14546918540000; 14556088900000). DISTRICT 1 - CENTERVILLE The following conditions shall be required: 1. The lease area shall be set back a minimum of one hundred (l 00) feet from the condominium property southwest of the subject site. All trees shall be preserved within this buffer area. 2. The site shall be developed and operated as depicted on the site plan entitled, "SPSA Consolidated Compost Facility" dated 11/ /7/2003, by Solid Waste Services LLe. 3. Equipment noise shall be minimized through the use of muffler systems on the equipment. January 13, 2004 - 32- Item V-J.3. PLANNING ITEM # 52111 (Continued) 4. Vehicular traffic associated with the mulching operation shall be directed to the northwest side of the leased area until such time that landfill operations begin on Phase 2A of the Landfill 2 site. After that time, vehicles shall be directed to enter the site from the eastern corner of the leased area, just southwest of the Phase 2A site. 5. The applicant shall submit a site plan to the Development Services Center for detailed plan review. Other issues related to drainage, dust control, odor control, etc. shall be addressed during detailed plan review. 6. The applicant shall meet with Department of Parks and Recreation prior, to or during, the detailed plan review process to determine landscape buffer specifications in the area adjacent to City View Park. 7. Hours of operation shall be limited to 7:00 am to 7:00 pm Monday thru Saturday. These Ordinances shall be effective in accordance with Section 107 (I) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth o.f January, Two Thousand Four Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None January 13, 2004 - 33- Item V-J.4. PLANNING ITEM # 52112 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED an Ordinance upon application of HARBOUR TUGBOA TS DA Y CARE for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF HARBOUR TUGBOATS DA Y CARE FOR A CONDITIONAL USE PERMIT FOR CHILD CARE R010431157 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Harbour Tugboats Day Care for a Conditional Use Permit for child care on property located at 2801 Virginia Beach Boulevard (GPINS 14974573210000; 14974555910000). DISTRICT 6 - BEACH The following condition shall be required: 1. The applicant shall obtain all the necessary permits, inspections, and approvals from the Fire Department and the Permits and Inspections Division of the Planning Department before occupancy of the building. A Certificate of Occupancy for the use shall be obtainedfrom the Permits and Inspections Division of the Planning Department. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of January, Two Thousand Four Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None January 13, 2004 - 34- Item V-J.5. PLANNING ITEM # 52113 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED, AS REVISED: Ordinance to AMEND 9905 of the City Zoning Ordinance (CZO) re signs in the B-3A Pembroke Central Business District. Voting: 10-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret 1. Eure, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: None January 13, 2004 Revised PC Alternative 1 2 3 AN ORDINANCE TO AMEND AND REORDAIN SECTION 905 THE CITY ZONING ORDINANCE PERTAINING TO SIGNS IN THE B-3A PEMBROKE CENTRAL BUSINESS DISTRICT 4 5 6 SECTION AMENDED: ~ 905 OF THE CZO WHEREAS, the public necessity, convenience, general welfare 7 and good zoning practice so require; 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That Section 905 of the City Zoning Ordinance is hereby 11 amended and reordained, to read as follows: 12 ARTICLE 9. BUSINESS DISTRICTS 13 Sec. 905 Sign regulations. 14 15 (d) Within the B-3A Pembroke Central Business Core District, 16 signs shall be permitted as follows: 17 18 (3.7) Ma-;or Tenant Sian Option. For each foot of buildina 19 footaae, a ma-;or tenant may have a maximum of one and 20 two-tenths (1.2) sauare feet of sian area, provided that 21 pedestrian scale features and amenities such as outdoor 22 cafe seatina, planters, kiosk areas, fountains, display 23 windows or sculptures are provided on the facade or 24 ad-;acent thereto. No ma-;or tenant shall have a total of 25 more than four (4) sians, nor more than two (2) sians per 26 buildina facade. 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (7) As used in this section: a. "Occupancy frontage" means the exterior length of that portion of a building occupied exclusively by a single establishment having at least one (1) exterior public access; and b. "Building identification sign" means a sign which displays only the name of the building on which it is located-;-.i.. ~ "Maior tenant" means the space in a buildina occupied bv a sinale establishment with a buildina wall heiaht of at least thirty-five (35) feet and with at least one (1) continuous wall containina at least eighty (80) feet of buildina frontaae; and ~ "Buildina frontaae" means the exterior lenath of that portion of a buildina occupied exclusively bv a sinale establishment. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 13th day of January, 2004. CA-9065 DATA/ORDIN/PROPOSEO/czo0905ordRev.wpd R-5 January 8, 2004 2 - 35 - Item V-K. APPOINTMENTS ITEM # 52114 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BOARD OF BUILDING CODE APPEALS COMMUNITY POLICY AND MANAGEMENT TEAM - CSA AT-RISK YOUTH COMMUNITY SERVICES BOARD - CSB FRANCIS LAND HOUSE BOARD OF GOVERNORS HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL PUBLIC LIBRARY BOARD SENIOR SERVICES OF SOUTHEASTERN VIRGINIA - SEV AMP TIDEWATER REGIONAL GROUP HOME COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VB CD C) January 13,2004 - 36- Item V-K.2. APPOINTMENTS ITEM # 52115 Upon NOMINA TION by Vice Mayor Jones, City Council REAPPOINTED: Dale W. Tyree 3 years 1/1/04 -12/31/06 CHESAPEAKE BAY PRESERVATION AREA BOARD Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 13,2004 - 37- Item V-K.3. APPOINTMENTS ITEM # 52116 Upon NOMINA TION by Vice Mayor Jones, City Council APPOINTED: John S. Waller 4 years 1/1/04 -12/31/07 PLANNING COMMISSION Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 13,2004 Item V-L.1. NEW BUSINESS BY CONSENSUS, CITY CLERK TO RECORD: - 38- ITEM # 52117 ABSTRACT OF CIVIL CASES RESOL VED - December 2003 January 13,2004 CIVIL LAWSUITS RESOLVED DURING THE MONTH OF DECEMBER 2003 Virginia Beach Circuit Court Bruce B. Mills v. City of Virginia Beach - Inverse condemnation. The suit, which was filed in January 2003 and alleges the "inverse condemnation" of four contiguous platted lots seaward of the primary dune at Chesapeake Beach, was tried Monday, December 1, 2003. In the suit the landowner, Mills, contends the refusal to allow development of the lots in accordance with the City's Coastal Primary Sand Dune Ordinance is a "regulatory taking" by the City, entitling him to compensation for the property. Mills paid $1460 for the four lots in 1975, and now claims they are worth $450,000. After Mills presented his evidence, the court granted our motion to strike the evidence and dismissed the case. The court specifically concluded that Mills had not shown that there was a "taking" of the property. City of Virginia Beach v. BGJ, LLC Challenge to municipal authority. In September 2002 BOJ, LLC, the owner of 2.8 acres originally platted in 1977 as a "recreation area" in The Lakes subdivision, posted the property with "No Trespassing" signs. When the subdivision was created, the property was reserved for open space/recreational purposes as required by the City's Subdivision Ordinance. BOJ, LLC acquired the property following a sale by the Commonwealth after the homeowner's association dissolved. Residents of the neighborhood, who have for many years, used this property for recreation, reported the posting of the property to the City. In response, we filed suit in October 2002 to enforce the City Code and enjoin BOJ from restricting or limiting access to the property for recreational use. The court granted our motion for a preliminary injunction in October 2002, and ordered the owner to make the property available for recreational use by the residents pending trial on the merits of a permanent injunction. On December 16, 2003, after a day of evidence, the court granted the City a permanent injunction, and ordered that the property only be used as recreational open space. Also, the owner's counterclaim against the City for trespass was dismissed. Virginia Beach General District Court Rebecca Misenas v. Detective Kriegger - Negligence. In October 2003, a Warrant in Debt was filed for $6,000 for clothing claimed to have been left in a stolen car and not returned after the car was recovered. The clothes, in four garbage bags, were donated to charity before any claim was made. At trial on December 10, 2003, the court dismissed the suit. - 39- Item V-No ADJOURNMENT ITEM # 52118 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:16 P.M.. Q~-J2P-"'-k----- Beverly O. Hooks, CMC Chief Deputy City Clerk ~~~~- City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia January 13, 2004 - 39- Item V-N. ADJOURNMENT ITEM ti 52118 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:16 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk uth Hodges mith, MMCA teaE%Zorfyer City Clerk Mayor City of Virginia Beach Virginia January 13, 2004