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Home My WebLink AboutJUNE 22, 2004 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" MA YOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bay,~ide - District 4 HARRY E. DIEZEL Kempsville - District 2 MARGARET L. EURE, Cen/erville . Districll REBA S. McCLANAN. Rose Hall- District 3 RICHARD A. MADDOX, Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER W. SCHMID7; AI-Large RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large .lAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL CITY COUNCIL AGENDA CITY HALL BUILDING 2401 COUKfHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 23456-8005 PHONE.'(757) 427-4303 FAX (757) 426-5669 H- MAIL: Ctycnc/@vbgov.com CITY MANAGER - JAMES K. SPORE CITY AlTORNEY - LESLIE L. ULLEY On' CLERK - RUTH HODGES SMITH, MMC 22 June 2004 I. CITY COUNCIL BRIEFING - Conference Room - 3:00PM. A. MINORITY BUSINESS COUNCIL ANNUAL REPORT Councilman Ron A. Villanueva II. CITY MANAGER'S BRIEFING A. WORKFORCE PLANNING and DEVELOPMENT Fagan Stackhouse, Director, Human Resources III. REVIEW OF AGENDA ITEMS IV. CITY COUNCIL COMMENTS V. INFORMAL SESSION - Conference Room - 4:30PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Tom Conant Christian Chapel 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 June 8, 2004 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA I. PUBLIC HEARING 1. FY 2004-05 SCHOOL OPERATING BUDGET Proposed Amendment and Supplemental Appropriation J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND and REORDAIN the City Code to reflect recent General Assembly legislative changes to the state law effective July 1, 2004: a. Chapter 2,992-108 and 2-132 re employment probation period of certain public safety employees. Deferred June 8, 2004 b. Chapter 23,923-45.1 re unlawful filming ofa nonconsenting person 18 years of age or older c. Chapter 7, SS 7-47,7-49 and 7-50, re operation of bicycles, electric power- assisted bicycles and mopeds d. S 38-1 re possession ofa concealed weapon e. Chapter 21, SS 21-2,21-19,21-231,21-237,21-295,21-299, 21-314, 21-316.1, 21-321.2,21-244,21-377 and 21-464 and ADDING S 21-202.1, re traffic regulations effecting the operation of bicycles and mopeds; increasing fines associated with the Traffic Calming Program; increasing fees collected under the DUI cost recovery program; allowing for suspension of a driver's license for persons convicted of aggressive driving; defining "shielded or screened from view" in the context of inoperable vehicles; requiring crossing guards to use hand- held stop signs; and, specifying fines for running a red light. 2. Ordinances pertaining to the Resort Advisory Commission (RAe) a. AMEND and REORDAIN S 2-6 of the City Code re By-laws b. APPROVE amendments to the By-laws 3. Ordinance to AMEND the FY 2004-05 operating budget; APPROPRIATE $14,556,341 in State funds, $10,680,633 previously funded, and REVISE appropriations to reallocate $3,875,708 other funds to the various categories of the School operating and capital budgets. 4. Ordinance to AUTHORIZE and DIRECT the City Manager to execute a Deed of Release and Exchange of an Agricultural Lands Preservation (ARP) easement consisting ofthree (3) acres on Hungarian Road owned by Matthew J. Stuebe and Clarita Cothran. 5. Ordinance to APPOINT three Viewers for one-year terms, beginning July 1,2004, re closures of City streets and alleys. 6. Ordinance to AUTHORIZE the City Manager to execute a Cost Participation Agreement with KGS Construction Company re construction of road improvements along Stumpy Lake Lane and Archdale Drive and to ACCEPT dedicated property from Tate Terrace Realty Investors, Inc. for these improvements. 7. Ordinance to APPROVE modifications to Phase II Project Documents re construction of a public parking garage by Town Center Associates, L.L.C. to be purchased by the Virginia Beach Development Authority (VBDA) and increase the acquisition amount up to $248,000 for safety improvements and remediation of unanticipated bad soil conditions. These modifications require the Developer to release the Theatre parcel from the Option Agreement by October 1, 2004. 8. Ordinance to AUTHORIZE a temvorarv encroachment into a portion of the City's rights-of-way at Virginia Beach Boulevard and Constitution Drive to construct and maintain in-ground lighting and irrigation by TowneBank and DIRECT the City Manager to execute the appropriate documents. (DISTRICT 5 - L YNNHA VEN) CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" MAYORMEYERA E. ()BERN{)()R)'~ AI-Large JIl( ,'H MA YOR LOUIS R. .JONES, Bays/de - District 4 HARRY H. fJIEZEL Kempsville - District 2 MARGARET L HURE, Centerville - Dis/rict I REBA S. McCLANAN, Rose Hull- f)i.l'lric( 3 RICHARD A. MAf)f)()){, Reach - IJi.l'tric( (j .JIM lWfYE, Prince.I'.\' Anne - lJi.\'tricl 7 l'Il71:H W SCHMJlJ7~ At-Large RON A. VIJL4NUEVA, AI-I,arge ROSEMARY Wll}:iON, AI-Large .IAMl.':S /,. WOOLJ, Lynnhaven -f)islrict 5 CITY COUNCIL CITY COUNCIL AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PIIONE(757) 427-4303 FAX (757) 426-5669 E-MAIL: Ctycnc/@vbgov.com ('i1'Y MANACTHR - lAME,)' K. .,\'PORH ClrY A1TORNEr - UiSLlE L [,fILEr ('/1'YC:l.hRK. RUT!! H()f)GESSMITH, MMC' 22 June 2004 I. CITY COUNCIL BRIEFING - Conference Room - 3:00P.M A. MINORITY BUSINESS COUNCIL ANNUAL REPORT Councilman Ron A. Villanueva II. CITY MANAGER'S BRIEFING A. WORKFORCE PLANNING and DEVELOPMENT Fagan Stackhouse, Director, Human Resources III. REVIEW OF AGENDA ITEMS IV. CITY COUNCIL COMMENTS V. INFORMAL SESSION - Conference Room - 4~P.M A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 9. Ordinance to APPROPRIATE $861,101 from the Virginia Department of Transportation (VDOT) re roadway resurfacing and neighborhood storm water drainage. 10. Ordinance to ACCEPT and APPROPRIATE $108,630 from the United States Department of Housing and Urban Development (HUD) Section 8 funding to the FY 2003-04 operating budget of the Department of Housing and Neighborhood Preservation re housing voucher assistance for rental payments. 11. Ordinance to APPROPRIATE $80,000 from the General Fund to provide a four-year interest-free loan to the Plaza Volunteer Rescue Squad re purchase of a new ambulance. 12. Ordinance to APPROPRIATE $47,550 from the Wetlands and Coastal Primary Sand Dune Zoning and Chesapeake Bay Preservation ordinance violation charges to the FY 2003-04 operating budget of the Department of Agriculture re wetlands and coastal primary sand dune restoration and enhancement projects. 13. Resolution to AUTHORIZE and DIRECT the City Manager to execute the Urban System Construction Program Administration Agreement with the Virginia Department of Transportation (VDOT) re the urban highway construction program. K. PLANNING 1. Applications for the discontinuance. closure and abandonment of a portion of Jersey Avenue to its intersection with Virginia Beach Boulevard vacating internal lot lines to create one unified parcel. (DISTRICT 2 - KEMPSVILLE) a. CORNELIUS F. and ANTONINA S. BOYNTON, JR. b. LOPE B. and MERCY PILE Recommendation: APPROVAL 2. Application of HELEN L. SCOTT for a Conditional Use Permit re family day care in an existing single family dwelling at 646 Garfield Avenue. (DISTRICT 3 - ROSE HALL) Recommendation: APPROVAL 3. Applications of PLEASANT RIDGE AUTO PARTS, INC. re retail sales establishment specializing in auto parts and undefined future expansion. (DISTRICT 7 - PRINCESS ANNE) a. Chanf!e ofZoninf! District Classification from AG-l and AG-2 Agricultural Districts to Conditional B-2 Community Business District at 4164 West Neck Road near Princess Anne Road. b. Modification of Conditions re a Conditional Use Permit (approved by City Conncil on November 24,1998, in behalfofMr. and Mrs. Philip Wayne Murden, Jr.). Applicant and Staff Request DEFERRAL to July 13, 2004 Recommendation: APPROVAL 4. Applications of HAC PROPERTIES, L.L.C. at 1771 Princess Anne Road. (DISTRICT 7 - PRINCESS ANNE) a. Chanf!e of Zoninf! District Classification from AG-2 Agricultural District to Conditional B-2 Community Business District. b. Conditional Use Permit for a self storage facility Staff Requests DEFERRAL Recommendation: APPROVAL L. APPOINTMENTS ARTS and HUMANITIES COMMISSION CHESAPEAKE BAY PRESERVATION AREA BOARD HEALTH SERVICES BOARD HUMAN RIGHTS COMMISSION SOCIAL SERVICES BOARD WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. 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 6124/04\gw www.vbgov.com MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 22, 2004 Mayor Meyera E. Oberndorf called to order the City Council Briefing re MINORITY BUSINESS COUNCIL's Annual Report in the Council Conference Room, City Hall, on Tuesday, June 22, 2004, at 3:00 P.M. Council Members Present: Harry E. Diezel, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, Jim Reeve, Rosemary Wilson and James L. Wood Richard A. Maddox, Peter W Schmidt, Council Members Absent: Margaret 1. Eure {Entered: 4:00 p.M.} Reba S. McClanan {Out of the Country} Ron A. Villanueva {Entered: 3:08 P.M.} Mayor Oberndorf advised Council Lady McClanan is out of the country babysitting her grandson allowing her daughter to teach. Immediately upon her return June 26, 2004, Glenn and Council Lady McClanan will be leaving for Kentucky due to her Aunt's death. - 2 - CITY COUNCIL'S BRIEFING MINORITY BUSINESS COUNCIL 3:00 P.M. ITEM # 52692 Patricia Phillips, Director of Finance, recognized the Staff support of the Minority Business Council: Patricia Phillips Director of Finance Larry Spencer Associate City Attorney Bill Davis Purchasing Agent John McConnell Procurement Services Coordinator Loretta Brown Executive Assistant Messrs McConnell and Davis were also in attendance during this City Council Session. A Retreat and Expo has been conducted. MINORITY BUSINESS COUNCIL Louisa Strayhorn Chair Luis Rivera Edwin Tirona Prescott Sherrod Dona Storey Donna Walker Council Member Ron Villanueva Councilman Villanueva advised that the past two (2) yeas he has been a member of the Minority Business Council. This Council has been an advocacy group, and also worked "hand in hand" with Economic Development to attract more Minority-owned businesses. Councilman Villanueva stated: Virginia Beach is one of the most diverse communities in the nation and the City is hlessed to have the talents of the Minority Business Council. June 22, 2004 - 3 - CITY COUNCIL'S BRIEFING MINORITY BUSINESS COUNCIL ITEM # 52692 (Continued) Mayor Oberndorf congratulated Chair Strayhorn on her recognition as the Outstanding Woman in Business. Chair Strayhorn displayed a Video prepared by VBTV featuring the Minority Business Council. MISSION To assist the City in its efforts to increase participation of minority-owned businesses, woman-owned businesses and small businesses in the procurement process and to assure that procurement opportunities are made available to all persons regardless of race, religion color, sex, national origin or disability GOALS Identify and encourage City agencies and firms projecting the City's image to fairly reflect Virginia Beach as a City of ethnic and racial diversity when carrying forward the City's business. Help achieve and maintain the opportunity for improved minority business participation levels in the procurement process for goods and services and construction and housing Mrs. Strayhorn referenced population in comparison with the races. The White (Caucasian) population is declining by an average of 15% in Virginia Beach. All Minority populations are doubling. This is occurring throughout the United States. Minority Business Council Statistics 1980 1990 2000 Population 262,199 393,089 425,257 Race White 86.5% 80.5% 71.4% Black 10.0% 13.9% 19.0% American Indian/Alaska .2% .4% .4% Asian/Hawaiian/Pacific 2.5% 4.3% 5.0% Other Race .7% .9% 1.5% Two or More Races n/a n/a 2.7% Hispanic (of any race) 2.0% 3.1% 4.2% June 22, 2004 - 4 - CITY COUNCIL'S BRIEFING MINORITY BUSINESS COUNCIL ITEM # 52692 (Continued) Ms. Strayhorn outlined the Strategies and major accomplishments of the Minority Business Council: Minority Awareness: The Minority Business Council met with various City agencies and contractors to reinforce the commitment of the City to employ goodfaith efforts to assist minority-and woman-ownedfirms doing business with the City, obtain feedback regarding the results of these efforts and identify areas where changes may be merited. Convention Center Project Construction and Architectural and Engineering Services (Ordinance Compliance) Housing and Neighborhood Preservation Virginia Department of Business Assistance 'Economic Development/Virginia Development Authority 'Prescott Sherrod and Dona Storey have requested to be the Liaisons to Economic Development relative development of new strategies. Outreach Programs: Assist minority-and woman-owned businesses in obtaining business from the City Media: The Minority Business Council, working with Video Services, initiated and aired a two-part media program featuring two minority businesses (A-I Environmental Services and Green world Landscape) Minority Business Council Conference and Expo: The Fifth Annual Conference was conducted on November 12, 2003, at the Virginia Beach Pavilion. One hundred and eight (108) minority-, women- owned or small business managers attended this event. Virginia Beach Minority Business Enterprise Web Site: Dr. Tim Miller offered his firm's services in the development of a website dedicated to assist minority business as in Virginia Beach. The website is presently in the development stage and, if fully developed, would allow the minority businesses to register their business on-line, provide and maintain their company profile; access and respond to solicitations posed 24 hours a day, seven days a week. Virginia Minority Supplier Development Council (VMSDC): The City and the Minority Business Council supported the Virginia Minority Supplier Development Council (VMSDC). The monthly General Membership and "Power Breakfast Series" meetings featured speakers representing various public and private sector organizations who share a wealth of information about potential business opportunities for small, women-owned and minority-owned businesses. Representatives ji-om the Purchasing Department attended and participated in these monthly meetings. June 22, 2004 - 5 - CITY COUNCIL'S BRIEFING MINORITY BUSINESS COUNCIL ITEM # 52692 (Continued) Policy Development: Monitor the effectiveness of the City's purchasing policies and procedures as they relate to minority and woman-owned business development. The feedback from this analysis is used to identifY possible areas of improvement. Data Collection and Analysis: Maintain relevant data on minority- and woman-owned business activity. The number of Minority Business Enterprises doing business with the City and the amount of expenditures to Minority Business Enterprises increased dramatically from FY 99. Minority Owned Businesses Expenditures # afFirms FY 2003 $ 5,486,360 ]27 FY 2002 $ 4,49J,J 23 ]44 FY 200] $ 4,887,910 122 FY 2000 $ 2,963,6]0 44 FY ] 999 $ 2,264,992 53 % Change (FY 03 compared ]42.23 ] 39.62 with FY 99) The number of Woman-Owned Businesses Doing Business with the City and the amount of Expenditures to Woman-Owned Businesses increasedfrom FY ]999 Woman-Owned Businesses Expenditures # of Firms FY 2003 $ 2,892,94] 253 FY 2002 $ 4,275,096 234 FY 200] $ 2,002,726 202 FY 2000 $ ],2]6,885 5] FY ] 999 $ ],326,182 44 % Change (FY 03 compared ] ] 8.14 473 with FY 99) Note: Above data does not show expenditures made to minority/women-owned businesses, expenditures to those businesses (32firms) for FY 03 totaled $3,270,873. Ms. Strayhorn referenced the example of the Virginia Beach Dollar depicting 2003 payments (Total $] 7].5- MILLION). This dollar example equates to 3.2%Minority Business Enterprises and 1. 7% Women Business Enterprises. June 22, 2004 - 6- CITY COUNCIL'S BRIEFING MINORITY BUSINESS COUNCIL ITEM # 52692 (Continued) Minority Business Council 2003 Service Awards Sun Bay Contracting, Inc.: Outstanding Minority Owned Business Shirley Construction: Outstanding Woman Owned Business w. C. Carpenter: Outstanding Small Business Prescott Sherrod, President/Chief Executive Officer and Owner of PEMCCO, Inc., incorporated in 1995, and established as a minority-owned engineering, systems integration, and management services .firm, providing telecommunications and information technology-based products and services. Mr. Sherrod referenced the graphic of contracts awarded over $50,000 encompassing a jour-year span. The numbers have decreased in terms of minority participation. The total construction contracts awarded were approximately $85.2-MILLION. However, for the first nine (9) months of FY 2004, the participation has increased approximately 6.1% in terms of minority participation. Other Construction Construction Manager jar Convention Center offers promise Approximately $1 I-MILLION has been awarded to Minority Business Enterprises/Women Business Enterprises' subcontractors Over $3-MILLION more has been identified as good faith effort to be awarded If all awarded, over 13.5% of construction will be Minority Business Enterprises/ Women Business Enterprises Town Center Infrastructure also shows promise Ms. Strayhorn advised the Town Center Plaza encompassing approximately $1.5-MILLION has been awarded to a Minority Business Enterprise. Policy Development Retreat State Disparity Study Solutions Lessons Learned Economic Development Alliances Governor '.I' Initiatives Grow America June 22, 2004 - 7- CITY COUNCIL'S BRIEFING MINORITY BUSINESS COUNCIL ITEM # 52692 (Continued) Ms. Strayhorn advised a Disparity Study was conductedfor the Commonwealth of Virginia. As there had been concerns relative the numbers of entities doing business with the State, a study was performed. Edward L. Hamm, Past Member - Minority Business Council, assumed the position ojDirector of Minority Business Development Enterprise for the City and spearheaded, as well as paid for, a portion of the Disparity Study. The results of this study indicated the spending of the Commonwealth with Minority-owned firms was less than .44% of total spending and totaled approximately $38.9-MILLION. This was the lowest amount recorded in over one hundred (1 00) studies. There was some very incorrect information listed i.e. Anderson Company was listed as a minority enterprise. Edwin Tirana, GJ-founder and Chief Executive Officer of Dynamic Systems Integration, referenced the Minority Business Council Website. The wehsite is presently in the development stage and, if fully developed, would allow the Minority Business to register their husiness on line, provide and maintain their company profile; access and respond to solicitations posed 24 hours-a-day, seven (7) days a week. The three parts involved in the Website would consist of informing the community of the Wehsite '.I' existence, interact re procurement opportunities, qualifY the members as minority firms; and, collaborate with other organizations who provide opportunities for Minority Businesses. Ms. Strayhorn advised many businesses cannot bid on contracts in the City of Virginia Beach because they cannot afford the bonding. Creative ways, within the legal restraints, are being reviewed. B~fore a presentation to City Council, the Mayor, City Manager and Finance Director are reviewing the possihilities (Jf the Grow America loans. Councilman Villanueva believes the funds used for a Disparity Study could hest be provided to a Revolving Loan account or handing. Councilman Villanueva referenced discussion at the City Council Retreat re estahlishing a Loan Fund for Minority Businesses. Councilman Villanueva hopes with the budget surplus a portion could be utilized to establish the Minority Business Website and assist with funding to Minority Companies who wish to do business with the City of Virginia Beach. Ms. Strayhorn advised relative bonding, the Minority Business Council is suggesting a pool of funds which would allow a number of businesses to be able to have the 5%, if a $ i-MILLION bond, loaned to their business. This would be repaid, when the firm receives the contract. Councilman Villanueva suggested a School Board Liaison on the Minority Business Council. Data relative school contracts with Minority Businesses is necessary. Councilman Villanueva will schedule an Ordinance to AMEND the Minority Business Council to include a School Board Liaison. Councilman Villanueva advised the Chair and approximately six (6) of the School Board Members have been advised. Mayor Oberndorf willforward a letter to the Chair of the Virginia Beach School Board relative the addition of a School Board Liaison to the Minority Business Council. June 22, 2004 - 8- CITY COUNCIL'S BRIEFING WORKFORCE PLANNING AND DEVELOPMENT 4:00 P.M, ITEM # 52693 The City Manager advised during City Council's Retreat, the importance of Workforce Planning and Development was emphasized in the City's organization as well as the community. An overview of the Workforce Planning and Development Program was presented to City Council in January. The Department of Museums and Cultural Arts hasjust completed their pilot and shouldsubmil their workforce plan to Human Resources this week. Fagan Stackhouse, Director of Human Resources, acknowledged the efforts ofKris Miracle, Administration- Human Resources and Angie Davis, Staffing and Compensation - Human Resources. The Workforce Planning and Development Program is aframeworkfor making human resource decisions. Evolution of a Workforce Plan Mission Strategic Plan Budgetary Resources Workforce Competencies Shortage, Surplus or Adequate? Workforce Planning and Development (WFPD) Pilot Two objectives: Test the WFPD process from start to finish in order to coordinate Citywide implementation Develop Department of Human Resources' (HR) Workforce Plan Human Resources Pilot concluded in June 2004 As the Coordinator for Citywide Workforce Planning and Development (WFPD), Human Resources learned: Start with a small sample of department workforce Then expand WFPD to entire department or division Research, analysis, communication and planning at every level of the organization are important to successful Workforce Planning Preparatory work includes car~ful review ofjob descriptions, including competencies, knowledge, skills and abilities Assessment of entire workforce will take a commitment of time and effort In-depth training will enhance the process Competency assessments, W orkP AD software, report writing using the WorkPAD tool, creating a Workforce Plan. WFPD is a continuous process Commitment is key to success June 22, 2004 - 9- CITY COUNCIL'S BRIEFING WORKFORCE PLANNING AND DEVELOPMENT ITEM # 52693 (Continued) As a Department, Human Resources learned: Human Resources Retirement projects: 27% over the next four (4) years Employee development required in key functional areas Human Resources roles will continue to require increased competencies in technology Human Resources Department Workforce Plan To reduce the gaps created by future retirements and technological changes, Human Resources will: Document and improve work processes Align work and staff Train staff and develop competencies Build bench strength Implement E-Recruitment Maximize use of existing software for management of employee data Continue to work on multi-departmental effort to update our Human Resources Information System. Will result in: Quicker and more accurate payroll changes Improved response time for employee data What's Nextfor Citywide Workforce Plan Development Refinement of the WorkPAD process and software Continued communication to department leaders and worliforce Rollout of Workforce Plan Development over the next two - jour years. Human Resources will provide: Training Evaluation Facilitationfor the Workforce Plan Development 2003/2004 Employee Retirement and Separation Data July - Sept Oct - Dee Jan - Mar April - May June Total (projected) Retirements 17 25 14 11 10 77 New Hires 125 47 100 71 343* Re-employments 16 2 8 14 40* Resignations 42 38 37 25 142* * June Data will be added. June 22, 2004 - 10- AGE N DA REV I E W S E S S ION 4:20 P.M. ITEM # 52694 J.1. Ordinance to AMEND and REORDAIN the City Code to reflect recent General Assembly legislative changes to the state law effective July 1, 2004: a. Chapter 2, !i.1i 2-108 and 2-132 re employment probation period of certain public safety employees. Councilman Wood believes this Ordinance should not single out public safety employees but should encompass all city employees relative the same probationary status. The City Manager suggested this Ordinance be DEFERRED forfurther review re a standardized period of probation for all City employees (based on completion of training). However, there is tremendous variability in training periods. The real purpose of the probation my period is to allow the Managers in a Department to evaluate an employee after training relative their job performance. A more comprehensive recommendation shall be provided. ITEM # 52695 J.1. Ordinances to AMEND and REORDAIN the City Code to reflect recent General Assembly legislative changes to the state law effective July 1, 2004: c. Chapter 7, !is 7-47, 7-49 and 7-50, re operation of bicycles, electric power-Assisted bicycles and mopeds e. Chapter 21, !i.PI-2, 21-19, 21-231,21-237,21-295, 21-299,21-314,21-316.1,21-321.2,21-244,21- 377 and 21-464 and adding S 21-202.1, re traffic regulations effecting the operation of bicycles and mopeds; increasing fines associated with the Traffic Calming Program; increasingfees collected under the DUI cost recovery program; allowingfor suspension of a driver's license for persons convicted (,f aggressive driving; defining "shielded or screened from view" in the context of inoperable vehicles; requiring crossing guards to use hand-held stop signs; and, specifying fines for running a red light. Councilman Villanueva advised these particular ordinances do not include "goped.I' ", which are very small motor scooters. The City Attorney and Chief Jacocks are reviewing relative standards. Councilman Villanueva advised the "gopeds" do not have lights and are too low to the ground. The City Attorney advised Police Chief Jacocks has forwarded a package of ordinances for the City Attorney's review. June 22, 2004 - 11- AGE N DA REV IE W S E S S ION ITEM # 52696 J.2. Ordinances pertaining to the Resort Advisory Commission (RAC) a. AMEND and REORDAIN.f 2-6 of the City Code re By-laws b. APPROVE amendments to the By-laws Councilman Wood advised individuals are serving on the Resort Advisory Commission, which have not been appointed by City Council. Councilman Maddox advised while reviewing the proposed By-laws, a house keeping error was noted. Associate City Attorney Vanessa Valledejuli distributed an additional amendment to Article II Section Iof the RAC Bylaws. Article II Section I of the Bylaws regarding the composition of the Resort Advisory Commission (RAC) conflicts with Section 2-6(c) of the City Code. Although the RAC did not request a change to this section of its Bylaws, the City Attorney's office believes the Bylaws should comply with the City Code. ITEM # 52697 J.3. Ordinance to AMEND the FY 2004-05 operating budget; APPROPRIATE $14,556,341 in State funds, $10,680.633 previously funded, and REVISE appropriations to reallocate $3,875. 708 other funds to the various categories of the School operating and capital hudgets. Council Lady Wilson inquired relative CIP -1075 Elementary School 2007. Catheryn Whitesell, Director of Management Services, advised this is the Elementary School for the Bayside area which has heen in the Capital Improvement Program (CIP) for approximately two (2) years. ITEM # 52698 J1 I Ordinance to APPROPRIATE $80,000 from the General Fund to provide a four-year interest-free loan to the Plaza Volunteer Rescue Squad re purchase of a new ambulance. Councilman Reeve expressed concern as in all discussions with Emergency Medical Services, ambulances are proliferus. Chief Bruce Edwards, Emergency Medical Services, advised this ambulance is a replacement and will not increase the number of ambulances. These units are very complex relative maintenance. June 22, 2004 - 12- AGE N DA REV IE W S E S S ION ITEM # 52699 J13. Resolution to AUTHORIZE and DIRECT the City Manager to execute the Urban System Construction Program Administration Agreement with the Virginia Department of Transportation (VDOT) re the urban highway construction program. E. Dean Block, Director of Public Works, advised if the City executes the urban highway construction for less than the funds provided, the excess funds can be utilized for the City's other programs in the urban program. ITEM # 52700 Councilman Schmidt distributed an Ordinance and requested ib be ADDED to the Agenda: Ordinance to APPROPRIATE $203,003 to the Department of Human Services FY 2004-05 operating budget and TRANSFER $43,124 within the Human Services FY2004-05 operating budget re special education graduates with mental retardation. This request identifies a requirement for $86,247 in City general fund dollars to serve twenty-five (25) graduates, beginning inFY 2005. This $86,247 would be split ($43,1 24jfomHuman Services consolidation with the balance from the Community Services Board). ITEM # 52701 BY CONSENSUS, the following shall compose the CONSENT AGENDA: ORDINANCES/RESOLUTIONS J.l. Ordinances to AMEND and REORDAIN the City Code to reflect recent General Assembly legislative changes to the state law effective July 1, 20()4: a. Chapter 2, ~J 2-108 and 2-132 re employment probation period of certain public safety employees. b. Chapter 23, :}23-45.1 re unlawful filming ofa nonconsenting person 18 years of age or older c. Chapter 7, :},\' 7-47, 7-49 and 7-50, re operation of bicycles. electric power-Assisted bicycles and mopeds d. .1138-1 re possession of a concealed weapon June 22, 2004 -13- AGE N DA REV I E W S E S S ION ITEM # 52701 (Continued) e. Chapter 21, lI/l1-2, 21-19, 21-231,21-237,21-295, 21-299,21-314,21-316.1,21-321.2,21-244,21- 377 and 21-464 and adding .Ii 21-202.1, re traffic regulations effecting the operation of bicycles and mopeds; increasing fines associated with the Traffic Calming Program; increasingfees collected under the DUl cost recovery program; allowingfor suspension of a driver's license for persons convicted of aggressive driving; defining "shielded or screened from view" in the context of inoperable vehicles; requiring crossing guards to use hand-held stop signs; and, specifYingfinesfor running a red light. J.2. Ordinances pertaining to the Resort Advisory Commission (RA C) a. AMEND and REORDAIN S' 2-6 of the City Code re By-laws b. Amendments to the By-laws J.3. Ordinance to AMEND the FY 2004-05 operating budget; APPROPRIATE $14,556,341 in State funds, $10,680,633 previously funded, and REVISE appropriations to reallocate $3,875, 708 other funds to the various categories of the School operating and capital budgets. J.4. Ordinance toAUTHORIZE and DIRECT the City Manager to execute a Deed of Release and Exchange of an Agricultural Lands Preservation (ARP) easement consisting of three (3) acres on Hungarian Road owned by Matthew J. Stuebe and Clarita Cothran. J.5. Ordinance to APPOINT three Viewers for one-year terms, beginning July 1, 2004, re closures of City streets and alleys. J.6. Ordinance to AUTHORIZE the City Manager to execute a Cost Participation Agreement with KGS Construction Company re construction of road improvements along Stumpy Lake Lane and Archdale Drive and to ACCEPT dedicated propertyfrom Tate Terrace Realty Investors, lnc, for these improvements. June 22, 201!4 - 14- AGE N DA REV IE W S E S S ION ITEM # 52701 (Continued) 1. 7. Ordinance to MODIFY Phase II Project Documents re construction of a public parking garage by Town Center Associates, L.L.c. to be purchased by the Virginia Beach Development Authority (VBDA) and increase the acquisition amount up to $248,000 for safety improvements and remediation of unanticipated bad soil conditions. These modifications require the Developer to release the Theatre parcel from the Option Agreement by October 1, 2004. 1.8. Ordinance to AUTHORIZE a temoorarv encroachment into a portion of the City's rights-of way at Virginia Beach Boulevard and Constitution Drive to construct and maintain in-ground lighting and irrigation by TowneBank and DIRECT the Ci~v Manager to execute the appropriate documents. (DISTRICT 5 - LYNNHA VEN) 1..9. Ordinance to APPROPRIATE $861,101 from the Virginia Department of Transportation (VDOT) re roadway resurfaeing and neighborhood storm water drainage. 1.10. Ordinance to ACCEPT and APPROPRIATE $108,630 from the United States Department of Housing and Urban Development (HUD) Section 8 funding to the FY 2003-04 operating budget of the Department of Housing and Neighborhood Preservation re housing voucher assistance for rental payments. 1.11 Ordinance to APPROPRIATE $80,000 from the General Fund to provide a four-year interest-free loan to the Plaza Volunteer Rescue Squad re purchase oj' a new ambulance. 1.12. Ordinance to APPROPRIATE $47,550 from the Wetlands and Coastal Primary Sand Dune Zoning and Chesapeake Bay Preservation ordinance violation charges to the FY 2003-04 operating budget of the Department of Agriculture re wetlands and coastal primary sand dune restoration and enhancement projects. June 22, 2004 -15 - AGE N DA REV I E W S E S S ION ITEM # 52701 (Continued) J13. Resolution to AUTHORIZE and DIRECT the City Manager to execute the Urban System Construction Program Administration Agreement with the Virginia Department of Transportation (VDOT) re the urban highway construction program, Item J.1.a. will be DEFERRED, BY CONSENT, until the City Council Session of July 6, 2004. Item J.3. RAC Bylaws will be REVISED, BY CONSENT June 22, 2004 - 16- AGE N DA REV IE W S E S S ION ITEM # 52702 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: PLANNING K.I. Applications for the discontinuance, closure and abandonment of a portion of Jersey Avenue to its intersection with Virginia Beach Boulevard vacating internal lot lines to create one unified parcel. (DISTRICT 2 - KEMPSVILLE) a. CORNELIUS F. and ANTONINA S. BOYNTON, JR. b. LOPE B. and MERCY PILE K.2. Application of HELEN L. SCOTT for a Conditional Use Permit re family day care in an existing single family dwelling at 646 Garfield Avenue. (DISTRICT 3 - ROSE HALL) K.3. Applications of Pleasant Ridge Auto Parts, Inc. re retail sales establishment specializing in auto parts and undefined future expansion. (DISTRICT 7 - PRINCESS ANNE) a. Change of Zoning District Classification from A G- I and AG-2 Agricultural Districts to Conditional B-2 Community Business District at 4164 West Neck Road near Princess Anne Road. b. Modification of Conditions re a Conditional Use Permit (approved by City Council on November 24, 1998, inbehalfofMr. andMrs. Philip WayneMurden, Jr.). Item L.3. will be DEFERRED, BY CONSENT, until the City Council Session of July 13, 2004. June 22, 2004 -17 - CITY COUNCIL COMMENTS 4:50P.M. ITEM # 52703 Council Lady Wilson referenced correspondence from the Virginia Beach Lifesaving Service, Inc. concerning the remarkable professionalism and skill of two lifeguards in saving two individuals. Mayor Oberndorf advised the lifeguards, Lindsay Randlett and Brian Leydet will be honored by the Safety Council with a Virginia Beach Lifesaving Award. Mayor Oberndorf will also have a Resolution in Recognition scheduled for the City Council Session of July 6, 2004. ITEM # 52704 Council Lady Wilson advised the Police, Fire and Sheriff's Departments participated in the Hero's Games. Council Lady Wilson, as the representative of the Mayor, accepted the plaque. This event was afund raiser for the Red Cross. June 22, 2004 - 18- ITEM # 52705 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 MATTERS: Discussion, consideration or interviews ofpro.\pective candidates for employment, assignment, appointment, promotion, pelformance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuantto Section 2.2-3711 (A) (I). Appointments: To Wit: Appointments: Boards and Commissions: Arts and Humanities Commission Chesapeake Bay Preservation Area Board Health Services Advisory Board Human Rights Commission Social Services Board Wetlands Board 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 22-37l1(A)(3). Use Of Public Property: Princess Anne District Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council voted to proceed into CLOSED SESSION (4:53 P.M.). Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, RichardA. Maddox, Mayor Meyera E. Oberndorj; Jim Reeve. Peter W. Schmidt. Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Reba S. McClanan (Closed Session: 4:55 P.M. - 4:58 P.M.) (Dinner: 5:20 P.M. - 6:00 P.M.) June 22, 2004 - 19- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL June 22, 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, June 22, 2004, at 6:00 P.M. Council Members Present: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, RichardA. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Reba S. McClanan Mayor Oberndorf advised Council Lady McClanan is out of the country babysitting her grandson allowing her daughter to teach. Immediately upon her return June 26, 2004, Glenn and Council Lady McClanan will be leaving for Kentucky due to her Aunt '.I' death INVOCATION: Reverend Tom Conant Pastor, Christian Chapel PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accountingfirm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters in which she might have an actual or potential conflict. If: during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the ojficial records o{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 Deeker 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 conjlict. If during her review she identifies any matters, she will prepare andfile the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes ths disclosure. Council Lady Wilson '.1' letter ojJanuary 27, 2004, is hereby made a part of the record. June 22, 2004 - 20- Item V-E.1. CERTIFICATION OF CLOSED SESSION ITEM # 52706 Upon motion by Councilman Schmidt, seconded by Councilman Reeve, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. 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, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. 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 L. Wood Council Members Voting Nay: None Council Members Absent: Reba S. McClanan June 22, 2004 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuantto the affirmative vote recorded in ITEM # 52705, page 18, and in accordance with the provisions ofThe Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3711 (A) ofthe Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOL YED: 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. tt~~~;- City Clerk June 22, 2004 - 21- Item V-F. 1. MINUTES ITEM # 52707 Upon motion by Council Lady Eure, seconded by Council Lady Wilson. City Council APPROVED the Minutes of the INFORMAL AND FORMAL FORMAL SESSIONS of June 8, 2004. Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure. Vice Mayor Louis R. Jones. RichardA. 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: Reba S. McClanan June 22, 2004 - 22- Item V-G.I. ADOPT AGENDA FOR FORMAL SESSION ITEM # 52708 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION ADDED: Ordinance to APPROPRIATE $203,003 to the Department of Human Services FY 2004-05 operating budget and TRANSFER $43,124 within the Human Services FY2004-05 operating budget re special education graduates with mental retardation AND, Resolution in Recognition of Margaret L. Eure for her contributions to City Council. June 22, 2004 - 23- Item V-H.2. PRESENTATION ITEM # 52709 Senator Yvonne Miller recognized the Youth Intervention Team in attendance. Senator Yvonne Miller read the Senate Joint Resolution 16 commending the Virginia Beach Youth 1ntenlention Team and agreed to by the Senate on January 22, 2004, and the House of Delegates January 30, 2004 During the past eight (8) Summers, visitors to the Oceanfront area are likely to have encountered one or more of the Virginia Beach Youth Intervention Team, created by the Virginia Beach Department of Social Services. The fifty (50) young memhers of the Team patrol the ocean area every Wednesday through Sunday. These memhers are high school seniors and college students, paid hy the City to greet visitors, provide information, offer assistance and enhance everyone '.I' safety. The Team Memhers are especially trained in conflict resolution, anger management and diversity awareness. These skills are used on a daily basis to keep the Oceanjront safe and enjoyable. The Senate, with the House of Delegates concurring, commended the Virginia Beach Youth Intervention Team for its outstanding success re welcoming and assisting visitors to the City's Oceanfront area. The Clerk of the Senate shall prepare a copy of this Resolution for presentation to Brian Hawkins, Program Co- ordinator of the Virginia Beach Youth Intervention Team, as an expression of admiration and gratitude of the General Assembly. The Resolution was signed by the Clerk of the Senate, Susan Clark Shaw. Katheryn "Kitty" Hill, Director of Social Services, and Dr. Terry Jenkins, Director -Community Services Board were in attendance. June 22, 2004 - 24- Item V-H.3. PRESENTATION ITEM # 52710 Sheriff Paul Lanteigne extended appreciation and presented a plaque RECOGNIZING: Council Lady Margaret L. Eure As Honorary Deputy Sheriff This plaque was presented in recognition of Council Lady Eure 's support of the Sheriff's office and the citizens of Virginia Beachfrom July 1, 1998 - June 30,2004. June 22, 2004 - 25- Item V-H.4. PRESENTATION ITEM # 52711 Mayor Oberndorf PRESENTED a Resolution in Recognition to: Council Lady Margaret L. Eure Margaret L. Eure began serving on the Virginia Beach City Council July], ] 998, as a dynamic and valuable asset to her colleagues as well as the citizens. Council Lady Eure was appointed by her colleagues to represent the City on the Hampton Roads Planning District Commission, the Virginia Municipal League '.I' Transportation and Policy Steering Committee, and as a City Council Liaison to the Open Space Advisory Committee, the Convention Center Special Project, the Development Authority, the Golf Course Development Task Force, the Aging Infrastructure Committee, the Joint City/School Ad-Hoc Modernization Commission, the Southeastern Parkway and Greenbelt Committee, and the Cox Franchise Renewal Steering Committee. Prior to her election to City Council, Council Lady Eure served on the City's Planning Commission and was Vice Chair of the Hampton Roads Chamber of Commerce. She is the Founding President of the Governor '.I' School for the Arts Foundation and has chaired many regional task forces on drugs, hazardous waste control, water supply, poverty/affordable housing and asbestos removal. Council Lady Eure is an award winning author of articles relative to working women in the construction industry and recipient of the Virginia Department of Highways' Outstanding Woman-Owned Business Award, In 2003 she was appointed by Governor Mark Warner to serve on the Veterans Services Committee of the Commonwealth of Virginia. June 22, 2004 - 26- Item V-H.5. ADD-ON ITEM # 52712 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADDED: Resolution in Recognition of Margaret 1. Eure for her contributions to City Council. Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, 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: None Council Members Abstaining: Margaret 1. Eure Council Members Absent: Reba S. McClanan June 22, 2004 - 27- Item V-H.6. ADD-ON ITEM # 52713 Upon motion by Councilman Schmidt, seconded by Councilman Maddox, City Council ADDED: Ordinance to APPROPRIATE $203,003 to the Department of Human Services FY 2004-05 operating budget and TRANSFER $43,]24 within the Human Services FY2004-05 operating budget re special education graduates with mental retardation Voting: ]0-0 Council Members Voting Aye: Harry E. Diezel, Margaret 1. Eure, Vice Mayor Louis R. Jones, RichardA. 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: Reba S. McClanan June 22, 2004 Item V-LI. PUBLIC HEARING - 28- ITEM # 52714 Mayor OberndorfDECLARED A PUBLIC HEARING: FY 2004-05 SCHOOL OPERATING BUDGET Proposed Amendment and Supplemental Appropriation There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. June 22, 2004 - 29- Item V-J. ORDINANCES/RESOLUTIONS ITEM # 52715 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED in ONE MOTION Ordinances/Resolutions Ia (DEFERRED), Ib/cld/e, 2a/b (REVISED), 3, 4, 5, 6,7,8,9,10, 11, 12,13, 14 (ADDED) and 15 (ADDED) of the CONSENT AGENDA. Item J I .a. was DEFERRED, BY CONSENT, until the City Council Session of July 6, 2004. Item J2.a/b BYLA WS of Resort Advisory Commission were REVISED, BY CONSENT. Item 14 and 15 were ADDED TO THE CONSENT AGENDA (Resolution in Recognition of Margaret L. Eure) (Ordinance to APPROPRlA TE $203,003 to the Department of Human Services re special education graduates with mental retardation) Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. 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 L. Wood Council Members Voting Nay: None Council Members Absent: Reba S. McClanan June 22, 2004 - 30- Item V-J.1. a. ORDINANCES/RESOLUTIONS ITEM # 52715 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council DEFERRED, until the City Council Session of July 6, 2004: Ordinance to AMEND andREORDAIN the City Code to reflect recent General Assembly legislative changes to the state law effective July 1, 2004: Chapter 2,0'.9' 2-108 and 2- 132 re employment probation period of certain public safety employees. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter TV Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Reba S. McClanan June 22, 2004 - 31 - Item V-J.I.b/c/d1e1 ORDINANCES/RESOLUTIONS ITEM # 52716 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinances to AMEND and REORDAIN the City Code to reflect recent General Assembly legislative changes to the state law effective July 1, 2004: Chapter 23, 9'23-45.1 re unlawful fllming of a nonconsenting person 18 years of age or older Chapter 7, H' 7-47, 7-49 and 7-50, re operation of bicycles, electric power-assisted bicycles and mopeds S 38-1 re possession of a concealed weapon Chapter 21,:,1'821-2,21-19,21-231,21-237,21-295,21-299, 21-314,21-316.1,21-321.2,21-244,21-377 and 21-464 and adding S 21-202.1, re trafflc regulations effecting the operation of bicycles and mopeds; increasing fines associated with the Traffic Calming Program; increasing fees collected under the DUI cost recovery program; allowing for suspension of a driver '.I' license jar persons convicted of aggressive driving; dejining "shielded or screened from view" in the context of inoperable vehicles; requiring crossing guards to use hand- held stop signs; and, specifYingfines for running a red light. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, RichardA. 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: Reba S. McClanan June 22, 2004 1 2 3 AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 23 4 OF THE CITY CODE PERTAINING TO UNLAWFUL 5 FILMING 6 7 SECTION AMENDED: 523-45.1 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Section of the City Code is hereby amended and 13 reordained, to read as follows: 14 15 Sec. 23-45.1. Unlawful filminq, videotapinq or photoqraphing of 16 another. 17 (a) It shall be unlawful for any person to videotape, 18 photograph or film any nonconsenting person 18 years of age or 19 older if (i) that person is totally nude, clad in undergarments, 20 or in a state of undress so as to expose the genitals, pubic 21 area, buttocks or female breast in a restroom, dressing room, 22 locker room, hotel room, motel room, tanning booth, bedroom or 23 other location and (ii) the circumstances are otherwise such that 24 the person being videotaped, photographed or filmed would have a 25 reasonable expectation of privacy. 26 (b) This section shall not apply to filming, videotaping or 27 photographing by (i) law-enforcement officers pursuant to a 28 criminal investigation which is otherwise lawful, (ii) 29 correctional officials and local or regional jail officials for 30 security purposes or for investigations of alleged misconduct 31 involving a person committed to the Department of Corrections or 1 32 to a local or regional jail, or to any sound recording of an oral 33 conversation made as a result of any videotaping or filming 34 pursuant to chapter 6 (5 19.2-61 et seq.) of title 19.2 of the 35 Code of Virginia. 36 37 38 Adopted by the City Council of the City of Virginia Beach, 39 Virginia, on this 22nd day of June, 2004. 2 1 AN ORDINANCE TO AMEND CHAPTER 7 OF THE CITY 2 CODE PERTAINING TO BICYCLES, ELECTRIC POWER- 3 ASSISTED BICYCLES AND MOPEDS TO REFLECT RECENT 4 STATE LAW CHANGES 5 6 SECTIONS AMENDED: 55 7-47, 7-49, and 7-50, 7 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Sections 7-47, 7-49, and 7-50 of the City Code are hereby 13 amended and reordained to read as follows: 14 Sec. 7 - 4 7 . Ligh ts and reflectors. 15 (a) Every bicycle, electric power-assisted bicycle and moped 16 when in use between sunset and sunrise shall be equipped with a 17 lamp on the front which shall emit a white light visible in clear 18 weather from a distance of at least five hundred (500) feet to the 19 front and w4tft a red reflector on the reJr of J type upproved by 20 the ouperintendent ",Jhieh ohJll be \"ioible from illl diotJnoeo in 21 olear I:euther from fifty (50) feet to threo hundred (300) feet to 22 the reJr ",:hen directly in front of lJ",:ful upper beJmo of heJdlClmpo 23 en J motor vehicle. ~ lJmp emitting J red light vioible in eleJr 24 ~eJther from J diotJnee of five hundred (500) feet to the reClr ffiJY 25 be uDed in lieu of or in Jddition to the red reflector visible from 26 a distance of at least 600 feet to the rear when directly in front 27 of lawful lower beams of headlights on a motor vehicle. Such 28 lights and reflectors shall be of types approved by the 29 Superintendent. 30 (b) Every bicycle, electric power-assisted bicycle and moped 31 when in use between sunset and sunrise shall be equipped with 32 reflective material of sufficient size and reflectivity to be 33 visible from both sides for six hundred (600) feet, when directly 34 in front of lawful lower beams of headlamps of a motor vehicle, or 35 in lieu of such reflective material, with a lighted lamp visible 36 from both sides from a distance of at least five hundred (500) 37 feet. 38 (c) In addition to the foregoing provisions of this section, 39 a bicycle or its rider may be equipped with additional lights, 40 burning or blinking or reflectors. 41 Sec. 7-49. Mopeds not to be operated by persons under sixteen; 42 speed limit. 43 44 ~ Mopeds shall not be operated upon any highway or public 45 vehicular area of the city (i) faster than thirty (30) miles per 46 hour or (ii) by any person under the age of sixteen (16) years. 47 iQl Every person driving a moped shall carry with him some 48 form of identification that includes his name, address and date of 49 birth. 50 ~ Violation of any provision of this section shall 51 constitute a traffic infraction punishable by a fine of no more 52 than $50. 53 2 53 54 55 56 57 58 Sec. 7-50. Riding bicycles, electric power-assisted bicycles and mopeds on roadways and bicycle paths. (a) Any person operating a bicycle, power-assisted bicycle or 59 moped upon a roadway shall ride as close as practicable to the 60 right-hand curb or edge of the roadway, except under any of the 61 following circumstances: 62 (1 ) When overtaking and passing any vehicle proceeding in the 63 same direction; 64 (2 ) When preparing for a left-hand turn at an intersection or 65 into a private road or driveway; and 66 (3) When reasonably necessary to avoid conditions including, 67 but not limited to, fixed or moving objects, parked or 68 moving vehicles, pedestrians, animals, surface hazards, 69 or substandard width lanes that make it unsafe to 70 continue along the right-hand curb or edge. For purposes 71 of this section, a "substandard width lane" is a lane too 72 narrow for a bicycle, electric power-assisted bicycle or 73 moped and another vehicle to pass safely side by side 74 within the lane; and 75 lil When avoiding riding in a lane that must turn or diverge 76 to the right; and 3 4 1 AN ORDINANCE TO AMEND AND REORDAIN THE CITY 2 CODE PERTAINING TO THE POSSESSION OF A 3 CONCEALED WEAPON BY INCORPORATING STATE LAW 4 CHANGES 5 6 SECTION AMENDED: 5 38-1 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 38-1 of the City Code is hereby amended and 12 reordained, to read as follows: 13 Sec. 38-1. CarrY1ng concealed weapons. 14 (a) If any person carries about his person, hidden from common 15 observation, (i) any pistol, revolver, or other weapon designed or 16 intended to propel a missile of any kind by action of an explosion 17 of any combustible material, (ii) any dirk, bowie knife, 18 switchblade knife, ballistic knife, machete, razor, slingshot, 19 spring stick, metal knucks, or blackj ack, (iii) any flailing 20 instrument consisting of two (2) or more rigid parts connected in 21 such a manner as to allow them to swing freely, which instrument 22 may also be known as a nunchuck, nunchanka, nunchalcu, shuriken or 23 fighting chain, (iv) any disc, of whatever configuration, having at 24 least two (2) points or pointed blades which is designed to be 25 thrown or propelled and which may be known as a throwing star or 26 oriental dart, or (v) any weapon of like kind as those enumerated 27 in this section, he shall be guilty of a Class 1 misdemeanor, and 28 such weapon shall be forfeited to the city and may be seized by an 29 officer as forfeited, and such as may be needed for police officers 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 and conservators of the peace shall be devoted to that purpose, and the remainder shall be destroyed by the officer having them in charge. For the purposes of this section, a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature. (b) This section shall not apply to any person carrying a concealed weapon in accord with permission granted by a circuit court pursuant to section 18.2-308 of the Code of Virginia. (c) This section shall not apply to: (1) Any person while in his own place of abode or curtilage thereof; (2) Any police officer, oergeont, oheriff, deputy oheriff, regulor game ',Jorden or onimal control officer law-enforcement officer, wherever such law-enforcement officer travel in the may Commonwealth; (3) Any regularly enrolled member of a target shooting organization who is at, or going to or from, an established shooting range, provided that the weapons are unloaded and securely wrapped while being transported; (4) Any regularly enrolled member of a weapons collecting organization who is at, or going to or from, a bona fide weapons exhibi tion, provided that the weapons are unloaded and securely wrapped while being transported; 2 54 (5) Any person carrying such weapons between his place of abode 55 and a place of purchase or repair, provided the weapons are 56 unloaded and securely wrapped while being transported; 57 (6) Campuo police officero appointed purouant to oection 23 232 et 58 oeq. of the Code of Virginia; 59 ~ Any person actually engaged in lawful hunting, as authorized 60 by the board of game and inland fisheries, under inclement weather 61 conditions necessitating temporary protection of his weapon from 62 these conditions, provided that possession of a handgun while 63 engaged in lawful hunting shall not be construed as hunting with a 64 handgun if the person hunting is carrying a valid concealed handgun 65 permit; aR€l 66 -f-8+ J2l Any state police officer retired from the Department of 67 State Police and any local law-enforcement officer retired from a 68 police department or sheriff's office within the Commonwealth, any 69 special agent retired from the State Corporation Commission or the 70 Alcoholic Beverage Control Board, other than an officer or agent 71 terminated for cause, any game warden retired from the Department 72 of Game and Inland Fisheries, and any Virginia Marine Police 73 Officer retired from the Law Enforcement Division of the Virginia 74 Marine Resources Commission, (i) with a service-related disability 75 BT L (ii) following at least fifteen (15) years of service with any 76 such law-enforcement agency, board or compilation therefore, or 77 (iii) who has reached 55 years of age other than 0 peroon 3 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 terminuted for O:luoe; provided such officer carries with him written proof of consultation with, and a favorable review of the need to carry a concealed weapon issued by, the chief law- enforcement officer of the agency from which the officer retired~; and (8) Any person while in his own place of business. (d) This section shall not apply to any of the following individuals while in the discharge of their official duties or while in transit to or from such duties: (1) Carriers of the United States mail in rur:ll diotrioto; (2) Officers or guards of any state correctional institution; (3) Conservators of the peace, except that the following conservators of the peace shall not be permitted to carry a concealed weapon unless a permit is obtained pursuant to section 18.2-308 of the Code of Virginia: a. Notaries public; b. Registrars; c. Dri vers, operators or other persons in charge of any motor vehicle carrier of passengers for hire; or d. Commissioners in chancery; (4) Noncustodial employees of the department of corrections designated to carry weapons by the director of the department of corrections pursuant to section 53.1-29 of the Code of Virginia; (5) L:l.,; onforcement ugento of tho .'\rmed Forceo of the United 4 102 StilteD ilnd feder;ll ilgentD ',:ho ilre other;JiDe iluthorized to C::ll:ry 103 weilpeno by federill lil~ while engilged in the perforffiilflce of their 104 dutieD; ilnd 105 ( 6) LilW enforcement ilgento of the United StateD Nil~al Criminill 106 In~eDtigilti~e Cer~ice. 107 (e) As used in this section: 108 (1) Spring stick means a spring-loaded metal stick activated by 109 pushing a button which rapidly and forcefully telescopes the weapon 110 several times its original length. 111 (2) Ballistic knife means any knife with a detachable blade that 112 is propelled by a spring-operated mechanism. 113 114 115 Adopted by the City Council of the City of Virginia Beach, 116 Virginia, on this 22nd day of June, 2004. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AN ORDINANCE AMENDING CHAPTER 21 OF THE CITY CODE PERTAINING TO TRAFFIC REGULATIONS TO REFLECT CHANGES IN STATE LAW SECTIONS AMENDED: ~~ 21-2, 21-19, 21-231, 21- 237, 21-295, 21-299, 21-314, 21-316.1, 21- 321.2, 21-344, 21-377, and 21-464 SECTION ADDED: ~ 21-102.1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 21-2, 21-19, 21-231, 21-237, 21-295, 21-299, 21- 16 314, 21-316.1, 21-321.2, 21-344, 21-377, and 21-464 of the City 17 Code are hereby amended and reordained and Section 21-102.1 is 18 hereby added to read as follows: 19 Sec. 21-2. Definitions. 20 The following words and phrases, when used in this chapter, 21 shall, for the purpose of this chapter, have the meanings 22 respectively ascribed to them in this section, except in those 23 instances where the context clearly indicates a different meaning: 24 25 "Electric personal assistive mobility device" means a self- 26 balancing two-non-tandem-wheeled device that is designed to 27 transport only one person and powered by an electric propulsion 28 system that limits the device's maximum speed to 15 miles per hour 29 or less. For purposes of Chapter 21 of this title, an electric 30 personal assistive mobility device shall be a vehicle when operated 31 on a highway. 32 "Electric power-assisted bicycle" means a bicycle equipped 33 with an electric motor that reduces the pedal effort required of 34 the rider, but does not eliminate the rider's need to pedal. For 35 the purpose of Chapter 21 of this title, and electric power- 36 assisted bicycle shall be a vehicle when operated on a highway. 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 Sec. 21-19. Direction of traffic by police officers and school crossing guards. A. Policc Law enforcement officers and uniformed school crossing guards may direct traffic by signals. Such signals by officers and uniformed crossing guards shall take precedence over such traffic control devices, Signals by law enforcement officers or crossing guards, other than by voice, shall be as follows: (1) To stop traffic by hand: Stand with shoulders parallel to moving traffic. Raise arms forty-five (45) degrees above shoulder with hand extended, palm towards moving traffic to be stopped. (2) To move traffic by hand: Stand with shoulders parallel to traffic to be moved. Extend right arm and hand full length at height of shoulders towards such traffic, fingers extended and joined, palm down. Bring hand sharply in direction traffic is to move. Repeat movement with left arm and hand to start traffic from opposite direction. (3) To stop and start traffic by whistles: One blast, moving traffic to stop; two (2) blasts, traffic in opposite direction to move. (4) Emergency stop of traffic by whistle: Three (3) or more short blasts. All traffic shall immediately clear the intersection and stop. Such officers and uniformed school crossing guards may also use supplemental traff ic direction devices, including, but not 2 67 limited to, hand-held stop or go signs, in directing traffic as 68 provided in this section. 69 70 B. Uniformed school crossing guards may control traffic at 71 any marked school crossing, whether such crossing is at an 72 intersection or another location. When supplied with hand-held 73 stop signs, uniformed school crossing guards shall use such signs 74 whenever controlling traffic as authorized in this section. 75 76 77 78 79 Sec. 21-102.1 Devices used to supply nitrous oxide to the engines of motor vehicles. A. It shall be unlawful for any person to operate any motor 80 vehicle on highways of the City if such vehicle is equipped with 81 any device that supplies the vehicle's engine with nitrous oxide, 82 unless the device has been disabled such that the supply of nitrous 83 oxide is disconnected and not readily accessible to the source of 84 delivery. 85 86 87 88 89 90 91 92 B. A violation of this section shall constitute a Class 3 misdemeanor. Sec. 21-231. Passing vehicle proceeding in same direction-- Generally. (a) The driver of any vehicle overtaking another motor 93 vehicle proceeding in the same direction shall pass at least two 94 (2) feet to the left thereof and shall not again drive to the right 95 side of the highway until safely clear of such overtaken vehicle, 96 except as provided in this article. 97 (b) The driver of a vehicle shall not drive to the left side 98 of the center line of a highway in overtaking and passing another 99 vehicle proceeding in the same direction, unless such left side is 3 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be made in safety. (c) No person operating a truck or tractor and trailer shall pass or attempt to pass any truck or tractor and trailer going in the same direction on an upgrade hill, if such passing will impede the passage of following traffic. ~ Any driver of any vehicle overtaking a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, moped, animal, or animal drawn vehicle proceeding in the same direction shall pass at a reasonable speed at least two (2) feet to the left of t.he overtaken bicycle, electric personal assistive mobility device, electric power-assisted bicycle, moped, animal or animal-drawn vehicle and shall not again proceed to the right side of the highway until safely clear of such overtaken bicycle, electric personal assistive mobility device, electric power-assisted bicycle, moped, animal or animal-drawn vehicle. Sec. 21-237. Signals for starting, backing, stopping or turning. (a) Every driver who intends to start, back, stop, turn or partly turn from a direct line shall first see that such movement can be made in safety and whenever the operation of any other vehicle may be affected by such movement shall give the be1ow- required signals, plainly visible to the driver of such other vehicle, of his intention to make such movement. 4 125 (b) The signal required by this section shall be given by 126 means of the hand and arm or by some mechanical or electrical 127 device approved by the superintendent, in the manner herein 128 specified. Whenever the signal is given by means of the hand and 129 arm, the driver shall indicate his intention to start, stop, turn 130 or partly turn by extending the hand and arm from and beyond the 131 left side of the vehicle, in the following manner: 132 (1) For a left turn or to pull to the left, the arm shall be 133 extended in a horizontal position straight from and level 134 with the shoulder; 135 (2) For a right turn or to pull to the right, the arm shall 136 be extended upward; or 137 (3) For slowing down or to stop, the arm shall be extended 138 downward. 139 Wherever the lawful speed is more than thirty-five (35) miles 140 per hour such signals shall be given continuously for a distance of 141 at least one hundred (100) feet, and in all other cases at least 142 fifty (50) feet, before slowing down, stopping, turning, partly 143 turning or materially altering the course of the vehicle. 144 (c) A person riding a bicycle or moped shall signal his 145 intention to stop, turn, or change direction. Such signals, 146 however, need not be given continuously if both hands are needed in 147 the control or operation of the bicycle or moped. 148 (d) Notwithstanding the foregoing provisions of this section, 149 a person operating a bicycle, electric personal assistive mobility 150 device, electric power-assisted bicycle, or moped may signal a 5 151 right turn or pull to the right by extending the right hand and arm 152 in a horizontal position straight from and level with the shoulder 153 beyond the right side of the bicycle, electric personal assistive 154 mobility device, electric power-assisted bicycle, or moped, and may 155 signal slowing down or stopping by extending the right arm 156 downward. 157 (4~) Drivers of vehicles standing or stopped at the curb or 158 edge before moving such vehicles shall give signals of their 159 intentions to move into traffic, as herein provided, before turning 160 in the direction the vehicle will proceed from the curb. 161 (<oof) Drivers having once given a hand, electrical or mechanical 162 device signal must continue the course thus indicated, unless they 163 alter the original signal and take care that drivers of vehicles 164 and pedestrians have seen and are aware of the change. 165 166 167 168 169 Sec. 21-295. Signals by lights or other traffic-control devices Legend. A. Signals by lights or other traffic-control devices shall 170 be as follows: 171 (1) Red indicates that traffic then moving shall stop and 172 remain stopped as long as the red signal is shown, except in 173 the direction indicated by a lighted green arrow; provided, 174 however, that except where a sign is placed prohibiting turns 175 on red, vehicular traff ic facing a steady red signal may, 176 after coming to a full stop, cautiously enter the intersection 177 to make a right turn, or to make a left turn if such left turn 6 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 is made from a highway which allows for traffic in but one direction into another highway which allows for traffic in but one direction and after making such left turn the turning traffic will be going in that direction. Such turning traffic shall yield the right-of-way to pedestrians lawfully within an adj acent crosswalk and to other traf f ic using the intersection. (2) Green indicates that traffic shall then move in the direction of the signal and remain in motion as long as the green signal is given, except that such traffic shall yield to other vehicles and pedestrians lawfully within the intersection. (3) Amber indicates that a change is about to be made in the direction of the moving of traffic. When the amber signal is shown, traffic which has not already entered the intersection, including the crosswalks, shall stop if it is not reasonably safe to continue, but that which has already entered the intersection shall continue to move until the intersection has been entirely cleared. The amber signal is a warning that the red signal is imminent, (4) Flashing red indicates that traffic shall stop before entering an intersection and the use of a flashing amber indicates that traffic may proceed through the intersection or past such signal with reasonable care under the circumstances. B. If the traffic lights controlling an intersection are 7 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 out of service because of a power failure or other event that prevents the giving of signals by the traffic lights, the drivers of vehicles approaching such an intersection shall proceed as though such intersection were controlled by a stop sign on all approaches. The provisions of this subsection shall not apply to: intersections controlled by portable stop signs, intersections with law-enforcement officers or other authorized persons directing traffic, or intersections controlled by traffic lights displaying flashing red or flashing amber lights as provided in subsection A. C, The driver of any motor vehicle may be detained for a violation of this section if the detaining law-enforcement officer is in uniform, displays his badge of authority, and (i) has observed the violation or (ii) has received a radio message from another law-enforcement officer who observed the violation. In the case of a person being detained based on a radio message the message shall be sent immediately after the violation is observed, and the observing officer shall furnish the license number or other positive identification of the vehicle to the detaining officer. D. A violation of this section shall constitute a traffic infraction punishable by a fine of no more than $350. Sec. 21-299. Defacing, injuring, etc., signs. (a) Any person who shall intentionally deface, obscure, damage, knock down or remove any legally posted, highway sign as provided in this chapter or a street address sign posted to assist in address identification in connection with enhanced 9-1-1 service 8 229 as defined in Code of Virginia ~ 56-484.12 shall be guilty of a 230 Class 1 misdemeanor. 231 Sec. 21-314. 232 233 234 235 Same--Pena1ty for reckless driving under section 21-311, 21-312 or 21-313. (a) Every person convicted of reckless driving under section 236 21-311, 21-312 or 21-313 shall be guilty of a Class 1 misdemeanor. 237 (b) In addition to the penal ties prescribed in subsection 238 (a), if any person is convicted of reckless driving under any 239 section referred to therein, the court may suspend any license 240 issued to such convicted person under chapter 3 (section 46.2 et 241 seq.) of title 46.2 of the Code of Virginia, for a period of not 242 less than tcn (10) sixty (60) days nor more than six (6) months and 243 such court shall require the convicted person to surrender his 244 license so suspended to the court where it shall be disposed of in 245 accordance with section 21-276. If a person so convicted has not 246 obtained the license required by such chapter, or is a nonresident, 247 the court may direct in the judgment of conviction that such person 248 shall not, for a period of not less than tan (10) sixty (60) days 249 or more than six (6) months as may be prescribed in the judgment, 250 drive or operate any motor vehicle in this commonwealth. The court 251 or the clerk of court shall transmit the license to the 252 commissioner along with the report of the conviction required to be 253 sent to the department of motor vehicles. 254 (0) Whon un]' paroon ohilll be con7ictad of reolcleo::; dri '"'ing ilO 255 pro~ided for in ocotion 21 312, in ilddition to ilny other ponaltieo 9 256 pr07idcd by Ln;, licenoe of ouch peroon H\:lY be ouopended by the 257 court for a period of not leoo th:ln DiRty (60) dayo nor more than 258 OiE (6) monthD. In cooe of cow:iction the court oholl order the 259 ourrender of the licenoe tD the court ',;here it oholl be diopooed of 260 in accordonce ',;i th the pro':ioiono of oection 21 276. Where the 261 con7iction io 0 oecond con7iction which would require revoeotion 262 under the pr07ioiono of oection 16.2 380 of the Code of Virginio, 263 the court Dholl DUDpend the dri7er'0 licenDe of ouch perDon ond 264 thereupon tronomit the Dame to the deportment of mctor vehicleo ad 265 pro':ided by la',;. If Duch perDon 00 cow:icted hoo not obtoined a 266 licenoe required by Code of Virginiil, chapter 3 (Dection 46,2 300 267 et oeq.) of title 46.2, or i3 a nonreoident, Duch court oholl 268 direct in the judgment of cow:iction thot ouch pc roan Dholl not 269 dri7e or oper:lte ony motor 7ehicle in thiD c01l1ff\om;eolth for 0 270 period of not leoo than ::;iEty (60) day::; nor more than ::;iE (6) 271 mentho. 272 Sec. 21-316.1. Aggressive driving; penalties. 273 (a) A person is guilty of aggressive driving if (i) the 274 person violates one (1) or more of the following: section 21-226 275 (failure to drive on right side of highway), section 21-229 276 (failure to observe marked traffic lanes), section 21-250 277 (following too closely), section 21-241 (failure to stop or yield 278 prior to entering highway), section 21-260 (evasion of traffic 279 control devices), section 21-231 (improper passing), section 21- 280 233 (passing on right), section 21-234 (failure of overtaken 281 vehicle to yield), any provision of Article IX of Chapter 21 of the 10 282 City Code regarding excessive speed, or section 21-356 of the City 283 Code (stopping on highways); and (ii) that person is a hazard to 284 another person or commits an offense in clause (i) with the intent 285 to harass, intimidate, injure or obstruct another person. 286 (b) Aggressive driving shall be punished as a Class 2 287 misdemeanor; provided, however, that aggressive driving with the 288 intent to injure another person shall be punished as a Class 1 289 misdemeanor. In addition to any other penalties prescribed by law, 290 the court may require successful completion of an aggressive 291 driving program and may suspend the driver's license for a period 292 of not less than ten (10) days nor more than six (6) months and the 293 court shall require the convicted person to surrender his license 294 so suspended to the court where it will be disposed of in 295 accordance with Code of Virginia 8 46.2-398. 296 297 Sec. 21-321.2. Traffic ca~inq via maximum speed limits in certain 298 residential districts; penalty. 299 300 Pursuant to section 46.2-878.2 of the Code of Virginia, any 301 person who operates a motor vehicle in excess of the maximum speed 302 limit established for any portion of the following highways located 303 within the designated neighborhoods, on or after the effective 304 date, shall be guilty of a traffic infraction punishable by a BBfl- 305 prepayable fine of not morc than two hundred dollars ($200.00), in 306 addition to other penalties provided by law. No portion of the 307 fine shall be suspended unless the court orders twenty (20) hours 308 of community service. 309 11 310 311 312 313 314 Sec. 21-344. Reimbursement for expenses incurred from emergency responses. (a) Any person convicted of violating any of the following 315 provisions of the Code of Virginia, or any similar ordinance in the 316 City Code, shall be liable in a separate civil action for 317 reasonable expenses incurred by the City of Virginia Beach or by 318 any volunteer rescue squad, or both, when providing a appropriate 319 emergency response to any accident or incident related to such 320 violation. 321 (1 ) The provisions of Code of Virginia sections 18.2-51.4, 322 18.2-266 or 29.1-783, when such operation of motor 323 vehicle, engine, train or watercraft while so impaired is 324 the proximate cause of the accident or incident; 325 (2) The provisions of Article 7 (section 46,2-852 et seq.) of 326 Chapter 8 of Title 46.2 relating to reckless driving, 327 when such reckless driving is the proximate cause of the 328 accident or incident; 329 (3 ) The provisions of Article 1 (section 46.2-300 et seq.) of 330 Chapter 3 of Title 46.2 relating to driving without a 331 license or driving with a suspended or revoked license; 332 and 333 (4 ) The provisions of Code of Virginia section 46.2-894 334 relating to improperly leaving the scene of an accident. 335 (b) Personal liability under this section for reasonable 336 expenses of an appropriate emergency response shall not exceed one 12 337 thousand dollars ($1,000.00) in the aggregate for a particular 338 accident or incident. In determining the "reasonable expenses" a 339 flat fee of Bft8 two hundred and fifty dollars (~lQO.OO $250.00) may 340 be billed, or a minute-by-minute accounting of the actual cost 341 incurred may be billed. 342 (c) As used in this section, "appropriate emergency response" 343 includes all cost of providing law-enforcement, fire-fighting, 344 rescue and emergency medical services. 345 346 347 348 349 Sec. 21-377. Open storage of inoperable vehicles on residential, commercial or agricultural property. (a) It shall be unlawful whether as owner, tenant, occupant, 350 lessee or otherwise, for any person, firm or corporation to keep, 351 except within a fully enclosed building or structure or otherwise 352 shielded or screened from view, on any property zoned for 353 residential, commercial or agricultural purposes, any vehicle, 354 which is inoperable, As used in this section, notwithstanding any 355 other provisions of the law, general or special, "shielded or 356 screened from view" means not visible by someone standing at ground 357 level from outside of the property on which the subject vehicle is 358 located. For purpo~eo of thi~ Geetion "Ghielded" or "Gereened from 359 viO',/" meanG completely precluding vi~ibility of the GUbject vehicle 360 by placing the vehicle \:ithin on oreo completely encloGed either by 361 (1) a Golid, rigid, opoquc fence compoGed of Gtondord fencing 362 moteriolG or (2) 0 lond~eope arrongcment of nondeeiduouG tree~ or 363 Ghrubo, Gufficient in height, Gpaeing, deDoity ond circumference. 13 364 The placing, draping or securing of a tarpaulin or other nonrigid 365 cover, over and around an inoperable vehicle shall not be 366 sufficient to comply with the requirements of this section, 367 368 369 370 371 372 373 Sec. 21-464. Playing on streets or highways; use of roller skates, toys or other devices on wheels or runners. (a) No person shall play on a highway or street, other than 374 upon the sidewalks thereof, within the city. No person shall use on 375 a highway or street where play is prohibited roller skates, toys, 376 or other devices on wheels or runners, except bicycles, mopeds, and 377 motorcycles. The city manager may designate areas on highways or 378 streets where play is prohibited or permitted and may restrict play 379 to the use of roller skates, toys, or other devices on wheels or 380 runners and, if such highways or streets have two (2) traffic 381 lanes, such persons using such devices, except bicycles, mopeds, 382 and motorcycles, shall keep as near as re~oon~bly poooible safely 383 practicable to the eEtreme left far right side or edge of the left 384 fiafi4 right traffic lane so that they will be f~cing oncoming 385 proceeding in the same direction as other traffic ~t ~ll timeo. 386 (b) No person riding upon any roller skates, toys or other 387 devices on wheels or runners shall attach the same or himself to 388 any vehicle upon a roadway, 389 390 Adopted by the City Council of the City of Virginia Beach, 391 Virginia, on this 22Dd day of June, 2004. 14 - 32- Item V-J.2.a/b ORDINANCES/RESOLUTIONS ITEM # 527i7 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED, with REViSION to the By-Laws: Ordinances pertaining to the Resort Advisory Commission (RAC) AMEND and REORDAIN i'i 2-6 of the City Code re By-laws Amendments to the By-laws Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret 1. Eure, Vice Mayor Louis R. Jones, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Reba S. McClanan June 22, 2004 1 2 3 4 5 AN ORDINANCE TO AMEND AND REORDAIN SECTION 2-6 6 OF THE CITY CODE PERTAINING TO THE RESORT 7 ADVISORY COMMISSION 8 9 Section Amended: City Code 9 2-6 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 12 VIRGINIA: 13 14 That Section 2-6 of the City Code is hereby amended and reordained to read as 15 follows: 16 Sec. 2-6. Resort advisory commission. 17 18 (b) The governance and administration of the commission shall be in accordance 19 with its bylaws, d3tod Soptombor 22, 1998, 3nd incorporated by reference herein, which 20 bylaws shall not be amended without the prior approval of city council. 21 (c) The commission shall consist of at least eleven (11), but not more than, nineteen 22 (19) members. In selecting members of the commission, the city council shall give special 23 consideration to the representatives of the Virginia Beach Hotel/Motel Association, Virginia 24 Beach Restaurant Association, Resort Retailers Association, Virginia Beach Division of 25 Hampton Roads Chamber of Commerce, and Virginia Beach Council of Civic 26 Organizations and Resort Leadership Council. The city council shall also appoint to the 27 commission at least three (3) design professionals having expertise in the fields of 28 architecture, urban design, land use planning, landscape architecture, transportation 1 29 planning, or other design fields relevant to the purposes for which the commission was 30 created. 31 In the event of a conflict between the provisions of this subsection and any other 32 ordinance or bylaw, the provisions of this subsection shall control. 33 (d) The commission shall terminate automatically at midnioht on June 30, 2009, 34 unless sooner terminated or extended by City Council. 35 fGt-lli.)This ordinance supersedes Ordinance No. 98 2509 2680 adopted by city 36 council on September 22,1998 December 18, 2001. 37 38 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 22 day of 39 June, 2004. 40 2 1 2 3 4 AN ORDINANCE TO APPROVE AMENDMENTS TO THE 5 RESORT ADVISORY COMMISSION'S BYLAWS 6 7 8 WHEREAS, by ordinance adopted on August 29, 1988, the City Council of the City 9 of Virginia Beach (the "City Council") added Section 2-6 of the City Code pertaining to the 10 Resort Area Advisory Commission, now known as the Resort Advisory Commission 11 ("RAC"); 12 WHEREAS, Section 2-6 of the City Code provides, among other things, that the 13 governance and the administration of the RAC shall be in accordance with its bylaws; 14 WHEREAS, the RAC has recommended amendments to the bylaws (i) deleting the 15 termination date of the RAC, (ii) adding a provision to allow the RAC to submit a list of 16 prioritized CIP projects to City staff, and (iii) addressing other minor housekeeping matters; 17 WHEREAS, amendments to the RAC bylaws require the approval of City Council; 18 and 19 WHEREAS, City Council is of the opinion that the amendments to the bylaws are 20 necessary and consistent with the purposes for which the RAC was established. 21 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 That the amendments to the RAC bylaws are hereby approved in the form as 24 attached hereto. 25 26 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 22, day of 27 June, 2004. 1 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE DATE: June 22, 2004 TO: Councilmember Richard A. Maddox /J DEPT: City Council FROM: Vanessa T. Valldejuli'-J \ DEPT: City Attorney RE: Additional Amendment to Article II Section 1 of the RAe Bylaws Our office recently reviewed the RAC Bylaws, and we have determined that Article II Section I of the Bylaws regarding the composition of the RAC conflicts with Section 2-6(c) of the City Code. Although the RAC did not request a change to this section of its Bylaws, our office believes that the Bylaws should comply with the City Code. Accordingly, our office has prepared a revision to the Bylaws that comply with the provisions ofthe City Code. Should you wish to discuss this matter, I am available at your convenience, and thank you for a1\owing our office to be of service. VTV Ikp enclosure cc: James K. Spore Leslie L. Lilley RESORT ADVISORY COMMISSION BYLAWS ARTICLE I PURPOSE The general purpose of the Resort Advisory Commission shall be to review and make recommendations to City Council regarding (i) projects and issues associated with the Oceanfront Resort Area, and (ii) such other resort and/or tourism-related projects and issues as the Council may refer to the Commission. In carrying out this purpose, the Commission's goal shall be to support the City Council's efforts to realize its vision of Virginia Beach as a quality resort destination that: . encourages responsible enjoyment of its invaluable natural assets by residents, day visitors, and tourists; . draws on all of its ocean and bay beaches and inland bays, lakes and rivers to establish the City as a water-oriented recreation destination; . provides a growing stream of tourism-generated tax revenues to help meet the City's needs for schools, highways, and social services; . offers a diversity of cultural, entertainment, recreational. and educational tourism venues in an integrated and well-designed manner; . attracts visitors from a wide spectrum of income and age groups and serves each group with courtesy and distinction; . establishes a distinctive identity at each gateway to the City and extends this distinctive character along routes linking our major resort attractions and venues; . encourages private investment in tourism development and offers an environment conducive to profitable operation of small and large-scale resort businesses; . competes successfully year-round for the best state and regional conferences, trade shows and conventions; and . enhances its beachfront residential neighborhoods and minimizes conflicts between visitors and residents in these neighborhoods. Specifically, the Commission shall: . serve as City Council's citizen advisory panel on tourism-development challenges and opportunities; . serve as an incubator for tourism-development projects and programs; . serve as the conduit to the Council for resort plans and initiatives; . monitor the Tourism Growth and Investment Special Revenue Fund to Insure that expenditures are consistent with Council policy; . build consensus among the diverse interests having a stake in our tourism industry; . assist City staff and Council to integrate the diverse mix of resort programs and projects into a consistent, unified, tourism-development plan; . be an advocate for quality design in both public and private resort development; and . monitor implementation of Council-endorsed resort projects, programs and policies to insure consistency with the Council's resort vision, ARTICLE II MEMBERS Section 1. Number. The Commission shall consist of at least eleven (11) but not more than nineteen (19) members, and ~mav include at least oae (I) i! member from each of the following associations: the Hotel/Motel Association. the Virginia Beach Restaurant Association, llHt! the Resort Retailers Association. The Commissioa shall also iaclmle the eleated leaeer of, ar a desigaated represeRtative appoiRted by aRc! from, eaaR of tRe followiRg orgaaizatioRs:, the Virginia Beach Division of the Hampton Roads Chamber of Commerce, and the Virginia Beach Council of Civic Organizations, aRd tile Resort Leadership COlJHeil. Finally, the Commission shall include at least three (3) design professionals who have expertise in the fields of architecture, urban design, land use planning, landscape architecture, transportation planning. or other design fields important to realizing the purpose of the Commission. All nominees shall be appointed by City Council. Section 2. Term. All members shall be appointed for a term of three (3) years; provided, however, that, in accordance with ~ 2-3 of the City Code, no member shall be appointed to serve more than three (3) consecutive three (3) year terms. Notwithstanding the above, the terms of the three (3) elected leaders (or designees) shall be consistent with the terms of office of such elected leaders within their respective organizations. Section 3. Qualifications. All members shall be residents of the City. The overall membership should also include persons with knowledge or experience in the fields of banking and finance, tourism development, recreation and entertainment, commercial real estate, advertising. business management, real estate law, or other areas uniquely related to the purpose of the Commission. Additionally, every effort should be made to have geographical, racial. and ethnic representation on the Commission reflective of the entire City. 2 6/9/04 Section 4. Chair and Vice-Chair. A Chair (or Vice-Chair in the Chair absence) shall preside over the meetings of the Commission. The Chair and Vice-Chair shall be appointed by a majority vote of the Commission and shall serve for a term of one (I) year. The Chair and Vice- Chair may be re- elected for additional terms. Section 5. Attendance. Attendance records shall be kept at each meeting of the Commission and an annual report of the attendance of the members shall be filed with the City Clerk by June 30 of each year for review by City Council. No member shall accumulate an annual total of more than three (3) absences (not to exceed one-fourth of the total number of meetings). If this limitation is exceeded for reasons other than personal illness. death. or other unusual purposes. the appointment shall be terminated automatically. or as otherwise prescribed by law. Section 6. Vacancies. A vacancy caused by death, resignation, termination, expiration, or otherwise shall be filled by City Council for the unexpired term thereof, or in the case of an expiration, for three (3) years, within thirty (30) days of said vacancy. Notwithstanding the above, if, immediately prior to a vacancy, the Commission consists of more than eleven (II) members, City Council shall not have to fill the vacancy. ARTICLE III MEETINGS Section 1. Regular meetings. The Commission shall meet at least once a month at a time and location to be determined by the Chair upon consultation and coordination with the other members. Section 2. Special meetings. A special meeting may be called by the Chair or five (5) members of the Commission, or may be convened by City Council. to consider any matter that. in the determination of the Chair, the members, or City Council, needs to be addressed prior to a regular meeting. Any recommendation to the City Council. adopted by the Commission, shall be immediately submitted in writing to the City Manager who shall transmit it to City Council. Section 3. Requirements. A majority of Commission members shall be present in order for any meeting to be held. All actions of the Commission shall be conducted at a regular or special meeting and, with the exception of reports as indicated in Article IV below, shall require a majority vote of those members present. 3 6/9/04 ARTICLE IV REPORTS Section 1. Annual Report. Within forty-five (45) days of the end of the fiscal year, the Commission shall prepare and submit an annual report of its activities, recommendations, and proposals, including a financial statement, if applicable, to the City Manager who shall transmit same to City Council. Interim reports to City Council may be provided when deemed appropriate or necessary by the Commission, City Council, or the City Manager. Section 2. Tourism Growth and Investment Special Revenue Fund Report. By October 15th of each year, the Commission shall prepare and submit an Annual Tourism Growth and Investment Special Revenue Fund (TGIF) Report to the City Manager who shall transmit it to the City Council. This Report shall include the Commission's evaluation of the status of the TGIF Special Revenue Fund and its recommendations for the use of the TGIF in the upcoming budget cycle. This Report shall also include Commission recommendations for non-TGIF- financed operating and capital budgeting initiatives that are consistent with the Commission's purpose. Section 3. Capital Improvement Proiect Recommendations. Bv October 15th of each vear. a list of prioritized Capital Improvement Proiects (HCIP") will be submitted to Citv staff for review and potential inclusion in the CIP budget. Section ~. 4. Requirements. All reports shall be approved by a majority of the members of the Commission. The Commission shall present a summary of any required report directly to the City Council at a public meeting. In any report to the Council, the Commission shall identify any conflicts that its report may have with the opinions of other City agencies. ARTICLE V COORDINATION Section 1. City Departments. The Commission shall work with and through the Department of Convention and Visitor!! DevelopmeRt Bureau which shall, in close cooperation with the City Manager's Office, be responsible for coordinating the efforts of the Commission with other City departments (1) to ensure that there is no unnecessary duplication of efforts; (2) to enable the Commission to review the recommendations and proposals of City departments for compatibility (or incompatibility) with Commission objectives; (3) to enable City departments to review and 4 6/9/04 provide comments on Commission-generated proposals or initiatives; and (4) to ensure timely implementation of projects and programs. Section 2. Other City Agencies. The Commission and the Department shall make a special effort to establish open lines of communication with other City agencies involved in the formulation and implementation of various components of the City Council's resort and tourism policies including, but not limited to, the following: the Development Authority, the Planning Commission, the Shore Drive Advisory Commission, the Beach Events Steering Committee, the Advertising Advisory Council, the City Manager's Resort Area Task Force, and other City agencies, that may have an interest in specific elements of the Council's resort and tourism policies. ARTICLE VI COMMITTEES The Chair of the Commission shall have the authority to appoint committees, comprised of members of the Commission and non-members with special expertise, to study and review specific areas of concern and to report back to the full Commission for such action as the Commission shall deem appropriate. ARTICLE VII AMENDMENTS No alteration, amendment, or repeal of these Bylaws or any section hereof shall be effective without the prior consent of City Council. :\RTICLE VIII TERMINf~TION THe COffilRissien sHall terminate automatically at mianigHt on June 30,2004, unless terminatea by City Couacil prior to tfiat date. These Bylaws [as amended] are hereby adopted as of this 22nd day of Septeffiller, 1998 June, 2004, by the Council of the City of Virginia Beach, Virginia. 5 6/9/04 - 33- Item V-J.3. ORDINANCES/RESOLUTIONS ITEM # 52718 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to AMEND the FY 2004-05 operating budget; APPROPRIATE $14,556,341 in State funds, $10,680,633 previously funded, and REVISE appropriations to reallocate $3,875,708 other funds to the various categories of the School operating and capital budgets Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret 1. Eure, Vice Mayor Louis R. Jones, RichardA. 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: Reba S. McClanan June 22, 2004 1 2 3 AN ORDINANCE TO AMEND THE 4 CITY'S FY 2004-05 OPERATING 5 BUDGET BY APPROPRIATING 6 $14,556,341 IN STATE FUNDS AND 7 REVISING APPROPRIATIONS TO 8 THE SCHOOL OPERATING BUDGET 9 AND SCHOOL PROJECTS IN THE FY 10 2004-05 CAPITAL BUDGET 11 12 WHEREAS, the General Assembly has made an additional $14,556,341 in 13 revenue available to the City of Virginia Beach for educational purposes; and 14 WHEREAS, a proposal for appropriating these funds to the School 15 Operating Budget and re-appropriating $10,680,633 in local funding to School 16 CIP projects in the Capital Budget was approved by School Board resolutions 17 adopted on May 25,2004, and June 8, 2004. 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA: 20 1. That the FY 2004-05 Operating Budget is amended as follows: 21 (a) $14,556,341 in estimated revenue from the State government is 22 hereby appropriated to the FY 2004-05 School Operating Budget; and 23 (b) $10,680,633 in local funding previously appropriated to the FY 2004-05 24 School Operating Budget is hereby re-appropriated to the School Capital 25 Projects, as set forth in this ordinance. 26 2. That the $3,875,708 in net additional appropriations to the School Operating 27 Budget is hereby allocated to the following categories: 28 (a) appropriations to the Instruction category are increased by 29 $1,818,936, resulting in a total appropriation of $457,581,684; 30 31 32 (b) appropriations to the Administration, Attendance and Health category 33 are decreased by $15,881, resulting in a total appropriation of 34 $19,598,461; 35 (c) appropriations to the Pupil Transportation category are increased by 36 $616,577, resulting in a total appropriation of $24,250,263; and 37 (d) appropriations to the Operations and Maintenance category are 38 increased by $1,456, 076, resulting in a total appropriation of $74,234,031. 39 3. That the $10,680,633 in local funding that has been re-appropriated to the 40 School's Capital Budget shall be allocated as follows: 41 (a) $1,764,158 in additional appropriations to CIP 1-082, "Alternative 42 Education Facility - Phase I." resulting in a total appropriation of 43 $14,456,977; 44 (b) $5,759,487 in additional appropriations to CIP 1-234, "Consolidated 45 Virginia Beach Middle/Kemps Landing Magnet," resulting in a total 46 appropriation of $22,813,561; 47 (c) $575,000 in additional appropriations to CIP 1-017, "High School 48 Addition - Phase I." resulting in a total appropriation of $925,000; 49 (d) $500,000 in additional appropriations to CIP 1-020, "High School 50 Addition - Phase II," resulting in a total appropriation of $825,000; 51 (e) $1,537,743 in additional appropriations to CIP 1-075, "Elementary 52 School 2007", resulting in a total appropriation of $2,137,743; and 53 (f) $544,245 in additional appropriations to CIP 1-078, "School Bus 54 Garage Facility Renovation/Expansion," resulting in a total appropriation of 55 $1,251,523. 56 4. That estimated revenue in the FY 2004-05 School Operating Budget from 57 state revenue is hereby increased by $14,556,341. 58 5. That this ordinance shall be effective on July 1, 2004. 59 Adopted by the Council of the City of Virginia Beach, Virginia, on this ;> ;>nn 60 day of June , 2004. 61 62 Approved as to Content 63 ~~ ~~a~:~e3 s~~ 67 68 Approved as to Legal Sufficiency ~Sr~r;; City Attorney's Office CA-9150 R-7 June 16, 2004 H:IPAIGGIORDRESISchool Revision Ordinance.doc - 34- Item V-J.4. ORDINANCES/RESOLUTIONS ITEM # 52719 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to A UTHORIZE and DIRECT the City Manager to execute a Deed of Release and Exchange of an Agricultural Lands Preservation (ARP) easement consisting of three (3) acres on Hungarian Road owned by Matthew J. Stuebe and Clarita Cothran Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Richard A. Maddox. Mayor Meyera E. Oberndorj; Jim Reeve. Peter W Schmidt. Ron A. Villanueva. Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Reba S. McClanan June 22, 2004 1 2 3 4 5 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A DEED OF RELEASE AND EXCHANGE PERTAINING TO AN AGRICULTURAL LANDS PRESERVATION EASEMENT LOCATED ON LAND OF MATTHEW J. STUEBE AND CLARITA COTHRAN 6 WHEREAS, on September 23, 1998, the City of Virginia Beach 7 (hereinafter "the City") and Rodney L. and Peggy S. Foster, Robert 8 E. and Margaret S. Shreeves,. and Sam T., Jr. and Joan F. Moore 9 (hereinafter the "Sellers") entered into Installment Purchase 10 Agreement Number 1998-21, whereby the City acquired an Agricultural 11 Lands Preservation Easement (hereinafter "Preservation Easement") 12 upon certain property owned by the Sellers; and 13 WHEREAS, as part of the aforesaid transaction, the Sellers 14 reserved for future development a portion of the aforesaid property 15 consisting of four (4) three-acre building sites, such that the 16 Preservation Easement does not encumber such reserved sites; and 17 WHEREAS, Matthew J. Stuebe and Clarita Cothran, the present 18 owners of the aforesaid property, desire to exchange an area of 19 land, approximately three (3) acres in size, not encumbered by the 20 Preservation Easement for an approximately equal area of land which 21 is to be encumbered by the Preservation Easement, as shown on the 22 attached "EXHIBIT SHOWING EASEMENT EXCEPTIONS ON PROPERTY STANDING 23 IN THE NAME OF MATTHEW J. STUEBE & CLARITA COTHRAN FOR CITY OF 24 VIRGINIA BEACH AGRICULTURAL RESERVE PROGRAM," dated May 6, 2004, 25 and prepared by Midgette & Associates, P.C.; and 26 WHEREAS, pursuant to Section 11 of the Agricultural Lands 27 Preservation Ordinance (hereinafter "Ordinance"), a landowner may 1 28 petition the City Council for the extinguishment of a Preservation 29 Easement in exchange for the conveyance to the City of a 30 Preservation Easement on a different portion of the landowner's 31 property, under certain conditions set forth in the Ordinance; and 32 WHEREAS, the Ordinance provides that the City Council shall 33 approve such an exchange if it makes certain findings enumerated in 34 the Ordinance; and 35 WHEREAS, the City Council does hereby make such findings, to- 36 wi t : 37 (1) the acquisition of the proposed Preservation Easement in 38 lieu of the existing Preservation Easement does not adversely 39 affect the City's interests in accomplishing the purposes of the 40 Ordinance; 41 (2) the proposed Preservation Easement area meets all of the 42 eligibility requirements set forth in Section 7 of the Ordinance; 43 (3) the land to be encumbered by the proposed Preservation 44 Easement is of at least equal fair market value, is of greater 45 value as permanent open space, and of as nearly as feasible 46 equivalent usefulness and location for use as permanent open-space 47 land as the property on which the existing Preservation Easement is 48 located; and 49 (4) the consideration for the acquisition of the new 50 Preservation Easement consists solely of the extinguishment of the 51 existing Preservation Easement; 2 52 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 53 OF VIRGINIA BEACH: 54 That subject to the determination of the City Attorney that 55 there are no defects in title to the property to be placed under 56 the Preservation Easement or other restrictions or encumbrances 57 thereon which may, in the opinion of the City Attorney, adversely 58 affect the City's interests, the City Manager be, and hereby is, 59 authorized and directed to execute a Deed of Release and Exchange 60 pursuant to which the City releases the existing Preservation 61 Easement on a portion of the property, as shown on the aforesaid 62 survey, and acquires, in exchange therefor, land equal in area to 63 be placed under the Preservation Easement, as shown on such survey. 64 Adopted by the City Council of the City of Virginia Beach, 65 Virginia, on this 22nd day of June , 2004. CA-9298 OID\orders\stuebeexchangeordin.doc June 8, 2004 R-1 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SU~7i;11.14~ City Attorney's Office 3 g i "" ... <:> ~ ::i >. co 00 00 '" o I 00 '" ",I 00 ~oo 0'" '"'~ ... z - p., " - HUNGARIAN ROAD (40' R/W).., o S81'Vt~9'1// 265.00' ci ~'-- ~"--;"~ .-. S8114'39"W I \ ,II I I 60.21 .11 I I :$: I:: \g gl l~ '1', I I'" ,JI : I~ '[I I: )51 I \0 pi II I..... ~: :!~ II I II I I r: 581'14'39"11'1 I IN81'14'39"E '" ':! I I.':--~ it i526~' I 5268': ~ I I I I a... I I I 1 I I I I I 1 I I I I I I I I I I I I I I I I I I \ I I I \ I I \ I 1 I I I I I I I I I I I I I \ I I 1 I I I I I I I I I I I I I . I I I I ~I I I I- a:it I I 10'l ml I I l;ri w ~I I I 10'1 I wi I I 1(0 P :! I I I~ PI I I I' 01 I I 10 :.tl I I 15 01 I I l:.t If)1 \ I 10 I I I I'" I I I 1 I I I 1 '-r-'~ ~ ;----R,.--- I u. II) I t ti... ~l1 I I ...1" ,.. I 0 I zeg... I ~ I ~rn~(7) I z~ I ;:II'''' I 0 I ~ go; I ~;: 1 -<... I w>- I ~ l~ ~83 I IN wcy ... 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ORDINANCES/RESOLUTIONS ITEM # 52720 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to APPOINT three Viewers for one-year terms, beginning July J, 2004, re closures of City streets and alleys. Director of Planning Director of Public Works Director of Parks and Recreation Voting: J 0-0 (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 L. Wood Council Members Voting Nay: None Council Members Absent: Reba S. McClanan June 22, 2004 1 AN ORDINANCE APPOINTING THREE (3) 2 VIEWERS FOR ONE-YEAR TERMS BEGINNING 3 JULY 1, 2004, TO VIEW EACH STREET OR 4 ALLEY PROPOSED TO BE CLOSED 5 WHEREAS, Section 33-111.2 of the City Code provides that 6 "[t]hree (3) viewers shall be appointed each year to serve terms of 7 one year beginning July 1 to view each and every street or alley 8 proposed to be altered or vacated during the term"; and 9 WHEREAS, it is the desire of City Council to appoint the 10 Directors of the Departments of Planning, Public Works and Parks 11 and Recreation to serve as viewers for one-year terms, beginning 12 July 1, 2004, and ending June 30, 2005. 13 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA: 15 That the Director of Planning, the Director of Public 16 Works and the Director of Parks and Recreation of the City of 17 Virginia Beach are each hereby appointed as a viewer to serve a 18 one-year term beginning July 1, 2004, and ending June 3C1, 2C1C15, to 19 view each and every application to close a street or alley, and to 20 report in writing whether in their opinion, any, and if any, what 21 inconvenience would result from discontinuing the street or alley 22 or portion thereof. 23 Adopted by the Council of the City of Virginia Beach, 24 Virginia, on the 22nd day of .Tlln", , 2C1C14. CA-9301 H:\PA\GG\ORDRES\viewers2004ord.wpd R-1 June 17, 2004 Approved as to Content: ~..'7'di ~:(jjJi,j!i;J City Attorney's Office 2 - 36- Item V-J. 6. ORDINANCES/RESOLUTIONS ITEM # 52721 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to AUTHORIZE the City Manager to execute a Cost Participation Agreement with KGS Construction Company re construction of road improvements along Stumpy Lake Lane and Archdale Drive and to ACCEPT dedicated property from Tate Terrace Realty Investors, Inc. for these improvements. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, RichardA. 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: Reba S. McClanan June 22, 2004 1 ORDINANCE AUTHORIZING THE EXECUTION 2 OF A COST PARTICIPATION AGREEMENT 3 BETWEEN THE CITY AND KGS 4 CONSTRUCTION COMPANY (KGS) FOR THE 5 CONSTRUCTION OF IMPROVEMENTS TO 6 STUMPY LAKE LANE AND ARCHDALE DRIVE 7 AND THE ACCEPTANCE OF DEDICATED 8 PROPERTY LOCATED WITHIN THE PROJECT 9 CONSTRUCTION AREA 10 11 12 13 WHEREAS, KGS Construction Company (KGS), the developer of the Orchard at Glenwood 14 Subdivision (the "Orchard") located along Stumpy Lake Lane in the City of Virginia Beach, is 15 required to make right of way improvements to Stwnpy Lake Lane along the frontage of the Orchard; 16 WHEREAS, to the east of Archdale Drive, KGS is required to make right-of-way 17 18 improvements along Stumpy Lake Lane associated with Section] ofthe Orchard and to the west of 19 20 Archdale Drive. KGS is also required to make right of way improvements to Stumpy Lake Lane 21 22 associated with Sections 2 and 3 of the Orchard; 23 24 WHEREAS, when the required improvements are completed, a gap of approximately 500 25 26 linear feet of unimproved Stwnpy Lake Lane (the "gap area") will exist between the two 27 28 developments; 29 30 WHEREAS, Archdale Drive intersects with Stumpy Lake Lane within the gap area and 31 32 improvements are necessary to Archdale Drive in order to provide additional access to the 33 34 neighborhood located off of Archdale Drive; 35 36 WHEREAS, an opportunity to provide these needed improvements in advance of a scheduled 37 CIP project exists through a cost participation agreement with KGS, which KGS is willing to 38 execute; 39 WHEREAS, in the opinion of the Council of the City of Virginia Beach, roadway 40 improvements to the gap area and a portion of Archdale Drive are necessary to provide a completed 41 roadway network; 42 WHEREAS, in the opinion of the Council of the City of Virginia Beach, entering into the 43 Cost Participation Agreement with KGS for the construction of these improvements will be 44 beneficial for the preservation of the safety, health, peace, good order, comfort, convenience, and for 45 the welfare of the people ofthe City of Virginia Beach; 46 WHEREAS, in order for the improvements to be constructed, the property along Stumpy 47 Lake Lane and Archdale Drive owned by Tate Terrace Realty Investors, Inc. must be dedicated to the 48 City as right of way; and 49 WHEREAS, Tate Terrace Realty Investors, Inc., is willing to dedicate the property for the 50 construction ofthe improvements: 51 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 52 VIRGINIA BEACH, VIRGINIA: 53 That the City Council authorizes the City Manger to accept property located within the 54 Stumpy Lake Lane/ Archdale Drive project area to be dedicated by Tate Terrace Realty Investors, Inc. 55 56 2 57 Further be it resolved that the City Manager is hereby authorized to execute a cost 58 participation agreement between the City and KGS for construction of road improvements along 59 Stumpy Lake Lane and Archdale Drive in accordance with the Cost Participation Agreement 60 Summary ofT erms attached hereto, and containing other terms as are acceptable to the City Manager 61 and approved by the City Attorney. 62 Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day of 63 June ,2004. 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 CA- 9248 F :/Data! A TY IF orms/Deeds/W orking/Stumpy Lake Lane ord2.doc R-I 06/07/04 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: CERTIFIED AS TO A V AILABILlTY OF -f:UNDS: ) ~: l.':1,00I.APIG<' . ... . J.Jtt Department of Finance I City Attorney's Office 3 SUMMARY OF TERMS STUMPY LAKE LANE AND ARCHDALE DRIVE IMPROVEMENTS COST PARTICIPATION AGREEMENT DEVELOPER: COST PARTICIPANT: DESIGN AND ENGINEERING COSTS: SPECIAL TERMS AND CONDITIONS: KGS Construction Company (KGS) City of Virginia Beach Payment by the City to KGS in the amount of $350,000.00. All bonds must be posted prior to payment by the City. Payment will be made within thirty days after i) completion of the improvements in accordance with the plans, ii) acceptance by the City, and iii) submission by Developer of a requisition and invoices for the costs. Developer is required to post a performance bond, pay the standard inspection fees. Developer will design and construct the road improvements on or before 180 days from the date of full execution of the Cost Participation Agreement. Developer will perform all preliminary site work including surveying and stakeout, clearing. grading, etc. necessary for the construction of the project. Developer will construct a 2-lane roadway with curb/gutter, and a sidewalk for both Stumpy Lake Lane and Archdale Drive, each matching the typical section of the existing roadway. Developer will construct all storm water drainage features, construct and maintain all erosion and sediment control features necessary for the project and extend the water line along Stumpy Lake Lane as necessary for the project. Developer will provide all traffic signage, pavement markings and street lighting necessary for the project. Developer will construct all landscaping, including trees, grading, seeding and fertilizing necessary for the project. b • C O - 1 u,m_ pp�0 D o \ (N-I� 11 ±• • p •i r, te w'" ' ,s yam;=�` r_;Z� : '4 yam• �'..�- '' i'i' :- • 1 OHO -r - - = a. _ 1 -"7"-,,,,-.., _ ''''sn', 1, \ ,0 x __---------•..‘1\8, -...------- ., ;, ‘<:: :1. - G; \ D m i�1.. , -� ��-'1 0 ) �C �� 1 • '�4 ,\,,V' l� - i ' • • n f cl 0 • • •Li-f--- . v) 9_ ,____,-----, .'''';W''' /..,>. )E ID r „,-” .,..,r________- , .r- 2:I-3 ~ A � c � . �li9� i• Z orn n �p� � ' .� - , ' vcympFT ym1 'q - o o ry • 0�A x y i- J k:11-.• +4,.,....,,,,.), `*''-',-\VV -\.'"-' '1 r� 00 I Ali ! __ om: -1 —r, . 1 _ i_ U �. CIIII-3 H a _ ��W976'S Q 4 V o O; II pCCo o IzzzLo Q W - U / J liT CO V � Q Z oU U CL � o W 4 Z ri• ( ON1i�9R , - ,,,..•:.:.•Vii 11 i s. Q • U A -Q ate crt =ion``9,`1 ILt.,... ..:: :' :i:'''24 ti; k:Yit' Ff c Q R1�6R�' \NO�PN 3 ~ 37 ~ Item V-J. 7. ORDINANCES/RESOLUTIONS lTEM # 52722 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to MODIFY Phase II Project Documents re construction of a public parking garage by Town Center Associates, L.L.C. to be purchased by the Virginia Beach Development Authority (VBDA) and increase the acquisition amount up to $248,000 for safety improvements and remediation of unanticipated bad soil conditions. These modifications require the Developer to release the Theatre parcel from the Option Agreement by October I, 201M. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. 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 L. Wood Council Members Voting Nay: None Council Members Absent: Reba S. McClanan June 22, 2004 1 ORDINANCE APPROVING MODIFICATION TO 2 PHASE II PROJECT DOCUMENTS FOR THE 3 TOWN CENTER PROJECT 4 5 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of 6 Virginia Beach Development Authority (the" Authority"), the City Manager and City staff have 7 engaged in extensive negotiations with representatives of ArmadaIHoffler Development Company, 8 L.L.c., and its affiliates, regarding the development of a Central Business District Project known as 9 "The Town Center of Virginia Beach" (the "Project"); 10 WHEREAS, by Ordinance No. 2766A adopted June 3, 2003, after finding that Phase 11 II of the Project will stimulate the City's economy, increase public revenues, enhance public 12 amenities, further the City's development objectives for the Central Business District and provide 13 necessary components to further the goals contained in the City's "Guidelines for Evaluation of 14 Investment Partnerships for Economic Development", the City Council (a) approved development 15 documents for Phase II of the Project (the "Phase II Project Documents"), (b) requested that the 16 Authority approve and execute the Phase II Project Documents, and ( c) authorized the City Manager 17 to execute a Support Agreement between the City and the Authority supporting the Authority's 18 obligations contained in the Phase II Project Documents; 19 WHEREAS, Phase II of the Project includes Block 12, a structure comprised ofa 20 574-space public parking garage (the "Block 12 Parking Garage"), 17,000 square feet of ground floor 21 commercial space and an 84,000 square foot Galyan's sporting goods store; 22 WHEREAS, pursuant to the Phase II Project Documents, Town Center Associates, 23 L.L.c. ("Developer") is obligated to construct the Block 12 Parking Garage and the Authority is 24 obligated to purchase the Block 12 Parking Garage from the Developer upon its completion and 25 upon completion of other Phase II construction obligations; 26 WHEREAS, pursuant to an Option Agreement dated as of June 5, 2000, as amended, 27 the Developer has an option to purchase certain land from the Authority on the terms and conditions 2 8 set forth therein; 2 9 WHEREAS, pursuant to the Phase II Proj ect Documents and the Option Agreement, 30 the Authority has the right on or before July 1,2004 to cause the Theater Parcel (as defined in the 31 Phase II Project Documents) to be released from the Option Agreement on certain terms and 32 conditions. 33 WHEREAS, the Developer incurred additional costs of construction for Block 12 for 34 remediation of certain soil conditions due to unforeseen circumstances, and the Authority has 35 requested that Developer make certain safety improvements and enhancements within the Block 12 36 Parking Garage; 37 WHEREAS, to facilitate the Developer's construction of Phase II ofthe Project, the 38 Developer has requested that the Authority modify the Phase II Project Documents (the "Block 12 39 Modification") to provide that the acquisition cost of the Block 12 Parking Garage be increased by 40 up to $248,000 (the "Block 12 Acquisition Cost Increase") to account for (i) the allocable portion of 41 additional Block 12 construction costs incurred by Developer for remediation of certain soil 42 conditions due to unforeseen circumstances and (ii) safety improvements and enhancements to be 43 completed by the Developer to the Block 12 Parking Garage; 44 WHEREAS, the Developer has agreed to dedicate (i) up to $10,000 of the Block 45 12 Acquisition Cost Increase for safety improvements and enhancements to the Block 12 Parking 46 Garage, and (ii) $238,000 of the Block 12 Acquisition Cost Increase toward the following 47 improvements to Block 88, on which the Developer is constructing a 37,500 square foot, two- 48 story commercial structure: (a) a Virginia Power transformer in the building to be constructed on 2 49 Block 8B to serve the Fountain Plaza to be constructed by the Authority on Block 8A, (b) an 50 escalator for public access to the second floor of the Block 8B improvements, and (c) certain 51 enhancements to the west fa9ade of the building to be constructed on Block 8B; 52 WHEREAS, the Developer has also agreed to modify the Phase II Project 53 Documents (the "Block 6 Modification") to extend the date by which the Authority must give 54 notice to the Developer to cause the release of the Theater Parcel from the Option Agreement to 55 October I, 2004; 56 WHEREAS, the obligations of the Authority with respect to the Block 12 Parking 57 Garage are supported by the City pursuant to a Phase II Support Agreement; 58 WHEREAS, the Block 12 Parking Garage acquisition cost shall be funded from (i) 59 the proceeds ofthe Public Facilities Revenue Bonds Series 2003A issued September 9, 2003, the 60 debt service on which will be paid from the revenues generated from the Central Business District- 61 South Tax Increment Financing Fund, and (ii) CIP 3-283; 62 WHEREAS, on June 17, 2004, the Authority adopted a Resolution, subject to 63 approval by City Council, approving the Block 12 Modification and the Block 6 Modification; 64 WHEREAS, the City Council finds that the proposed Block 12 Modification is 65 desirable as it allows the Developer to enhance Phase II of the Project and make certain desired 66 improvements to Block 88 of the Project; and 67 WHEREAS, the City Council hereby approves the Block 12 Modification and the 68 Block 6 Modification and desires that the Authority pursue the preparation of supplemental Phase II 69 Project Documents to evidence the Block 12 Modification and the Block 6 Modification. 70 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 71 VIRGINIA BEACH, VIRGINIA; 3 72 1. In connection with the Virginia Beach Development Authority's (the 73 "Authority's") purchase of the public parking garage to be constructed on Block 12 of the Town 74 Center Project (the "Block 12 Parking Garage") pursuant to the development documents for Phase II 75 of the Town Center Project (the "Phase II Project Documents"), the City Council approves the 76 modification (the "Block 12 Modification") of the Phase II Project Documents to provide that the 77 acquisition cost of the Block 12 Parking Garage be increased by up to $248,000 (the "Block 12 78 Acquisition Cost Increase") to be dedicated as follows: (i) up to $10,000 ofthe Block 12 Acquisition 79 Cost Increase shall be utilized for safety improvements and enhancements to the Block 12 Parking 80 Garage, and (ii) $238,000 ofthe Block 12 Acquisition Cost Increase shall be used for the following 81 improvements to Block 8B, on which the Developer is constructing a 37,500 square foot, two-story 82 commercial structure: (a) a Virginia Power transformer in the building to be constructed on Block 8B 83 to serve the Fountain Plaza to be constructed by the Authority on Block 8A; (b) an escalator for 84 public access to the second floor of the Block 8B improvements; and (c) certain enhancements to the 85 west fayade of the building to be constructed on Block 8B. The City Council finds that the Block 12 86 Modification is both a necessary and desirable modification to the Authority's obligations with 87 respect to Block 12 of Phase II of the mixed-use commercial development project known as "The 88 Town Center of Virginia Beach". 89 2. The City Council approves the modification (the "Block 6 Modification") of 90 the Phase II Project Documents to provide that the date by which the Authority must give notice to 91 the Developer to cause the Theater Parcel to be released from the Option Agreement shall be 92 extended to October 1, 2004. 93 3. The City Council approves the Resolution adopted June 17, 2004 by the 94 Authority (a) approving the Block 12 Modification and the Block 6 Modification, (b) authorizing the 4 95 City Manager and the City Attorney, on behalf of the Authority, to proceed with the preparation of 96 supplemental Phase II Project Documents necessary and appropriate to implement the Block 12 97 Modification and the Block 6 Modification (the "Modification Documents"), and (c) authorizing the 98 appropriate officers ofthe Authority to execute and deliver the Modification Documents to which it 99 is a party so long as such Modification Documents are consistent with the provisions herein and are 100 acceptable to the City Manager and the City Attorney. 101 4. On behalf of the City of Virginia Beach, the City Manager and the City 102 Attorney are hereby authorized and directed to proceed with the preparation of the Modification 103 Documents. 104 5. The City Manager, or his designee, is authorized to execute and deliver any 105 Modification Documents to which the City is a necessary party so long as such Modification 106 Documents are consistent with the provisions herein and are acceptable to the City Manager and the 107 City Attorney. 108 Adopted by the Council ofthe City of Virginia Beach, Virginia, on the 22nd day 109 of June ,2004. 110 111 CA-9247 112 June 10,2004 113 114 115 116 117 118 119 120 121 122 123 124 125 ~~UFFICIENCY: City Attorney 5 126 127 128 129 130 131 132 133 134 135 136 F:IDataIA TYIOrdinlNONCODEIBlock 12Garage.doc APPROVED AS TO AVAILABILITY OF FUNDS: QLue/1I D Qj~~ Finance Department 6 - 38- Item V-J.B. ORDINANCES/RESOLUTIONS ITEM # 52723 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to A UTHORIZE a temvorarv encroachment into a portion of the City's rights-oI-way at Virginia Beach Boulevard and Constitution Drive to construct and maintain in-ground lighting and irrigation by TowneBank and DIRECT the City Manager to execute the appropriate documents. (DISTRICT 5 -LYNNHAVENj The following conditions shall be required: 1. The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval as to size, alignment and location. 2. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment musT be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 3. The applicant shall indemnifY and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the temporary encroachment. 4. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 5. Applicant agrees to maintain all sidewalk repairs associated with concrete cracking. 6. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 7. The applicant must submit and have approved a traffic control plan before commencing work in the encroachment area. June 22, 2004 Item V-J. 8. - 39- ORDINANCES/RESOLUTIONS ITEM # 52723 (Continued) 8. The applicant agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, jor jinal approval. 9. The applicant agrees to obtain a permit ;rom the Office of Development Services Center of the Planning Department prior to commencing any construction within the encroachment area. 10. Prior to issuance of a right-of way permit, the applicant must post sureties in accordance with the project engineer '.I' cost estimate, to the Office of Development Services Center/Planning Department. n. The applicant shall obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant must also carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant must provide endorsements providing at least thirty (30) days 'written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. ] 2. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicantfor the use ojsuch portion of the City's right-ofway encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law jor the collection of local or state taxes June 22, 2004 - 40- Item V-J. 8. ORDINANCES/RESOLUTIONS ITEM # 52723 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorj; Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Reba S. McClanan June 22, 2004 Requested by Department of Public Works AN ORDINANCE TO AUTHORI ZE TEMPORARY ENCROACHMENTS INTO A PORTION OF VIRGINIA BEACH BOULEVARD AND INTO A PORTION OF CONSTITUTION DRIVE BY TOWNE BANK , ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, TowneBank, desires to construct and maintain in- ground lighting and irrigation into a portion of City's rights-of-way located at Virginia Beach Boulevard and at Constitution Drive. WHEREAS, City Council is authorized pursuant to 9S 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's rights-of-way subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in SS 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, TowneBank, and its assigns and successors in title are authorized to construct and maintain a temporary encroachment for in- ground lighting and irrigation in the City's rights-of-way as shown on the map entitled: "TOWNEBANK AT TOWN CENTER VIRGINIA BEACH, VIRGINIA", a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachment is expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and TowneBank, (the "Agreement") which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement. BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as TowneBank and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the ??nn day of Jnnlil , 2004. CA-#917 5 gsalmons/TowneBank/ord. R-l PREPARED: 05.17.04 ~_ OVZD AS('TO CONTIlNTS , &i..--. SIGNArou tL) M 1\/ ft.fl OJ:PARTMIlNT eI Y 5 (,;' 'N c;.V' 'N VV" ~ G v...;) c;V' 'V-l ?-=- --= [ , " 1 , , V " 'J ~, " , , " , , l-, \: , <' " 0 , , / , / \, " II~ , , / <' \' " \ , / " , , , / C'd D) I ---_./ ~ ~ ------ , " r: I I~ => =--1 " -.., , l'''.:J L:'j c~ (~ i::''j II i=:: , =====J .::"'::l c':::::l d " - , ::sr p , " L I' ~, '^' v'O ....1"':\ v>7 ....,"'q [(1 , , , I , (- --, ~ , ~ I , I " , , ~~ ~ ~ -tel- I , , , " ~ , II P , , , "" I:> J , <J v " r: ~ 8 , r, :l "- l :- , I. . _ ) _ ~, '''7 - -(11 ~ \ '-' ,- COLUMBUS ST. ~ ~ ~ - -=:.' L :I~,r=- ~~ ! I I , -, LOCATION MAP'" ~ ~-~ '-' C ~, -> :-, :k SHOWING,: ,-' ,-_, ~ ~ '-' - EN~!~2ACHMENT REQUEST~D ~ BY ___~;~ =_: ~ SOULHERN BLVD, TOWNEBANK - - - hh_ --- - - - - - - - - -- VIRGINIA BEACH BOULEVARD AND )--1.)--' . CONSTITUTION DRIVE i (p Cl ~ :\ -I~ 1" = 200' : v9~1 ' ~ r-:l -II r'--1)=--_o, , '- t-- :;,: <( ~ ~ -.l ~ ~ '-, HJ1/!\.Ic:.T // '\ L ~3" - - - - l, " \ " -' _(0:::... _..J U 'J l_ , r, r, , 'J 01.) , '1 rJ r, , , LJ IJ , r, [ , ,1 r, , l' l-, l' " n n -, (' /. ;./ ,J -, -'"- I LIl _ _ ~ _ J~ ~ ~n0~ , , , I CONST.DGN M.J.S. '- c.:: ~ -- '"'" """--=--=--= - - a -----1\ ,~ :(: , / V 0 , , r, ,l r, i=:: , \ / L 2 ~ > ~ r, r, i=:: I / L , r ~,I~' 0 r, I 1--" , ~ ~-- , ~ L I " I' (, , v v L , - L _ _ _ J I " < - t " n , " , " , " " --' " " ~---- " " T " , , ,I , , , , " , , J " , =J , " ,1 " r '/ C' " cd " , r, , , L I " C r ~ I I~ " I I Cl C r, 1 , , , " I ,-., ,- I '- /, f, (, c> '-' C' ~ - L L , r, -, L '- '-' '-' '-' Cl '- L- DC r---I ( '- L ~ ' _II' ~ PREPARED BY PNV ENG. CADD DEPT. MARCH 2004 PREPARED BY VIRGINIA BEACH i CITY A TIORNEY'S OFFICE I II I EXEMPlED FROM RECORDATION TAXES UNDER SECTIONS 58.1-8II(a)(3) AND 58.1-81 I (c)(4) REIMBURSEMENT AUTImRIZED UNDER SECTION 25-249 THIS AGREEMENT, made this ~ day of ~<:k .,2004, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and TOWNEBANK, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel ofland designated and described as "TOWN CENTER BLOCK 5-C " as shown on "SUBDIVISION PLAT OF BLOCK5 SUBDIVISION PLAT OFTHE TOWN CENTER, PHASE ONE-A SUBDIVISION PLAT OF THE TOWN CENTER PHASE ONE PLAT OF SUNNYBROOK" as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Number 200301090004843 and being further designated and described as 297 Constitution Drive, Virginia Beach, Virginia 23462; WHEREAS, it is proposed by the Grantee to construct and maintain inground lighting and irrigation, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right of way known as Virginia Beach Boulevard and Constitution Drive, "The Encroachment Area"; and GPIN #1477-55-9141-0000 WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area, NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. " :1 ,. " '1'1 constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the I II I II II j' Ii Ii " ii ii I' I It is expressly understood and agreed that the Temporary Encroachment will be City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "TOWNEBANK AT TOWN CENTER VIRGINIA BEACH, VIRGINIA ", a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description, It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. I t is further expressly understood and agreed that the Grantee shall indemniJy and hold harmless the City, its agents and employees, from and against all claims, damages, losses and 2 expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain all sidewalk repairs associated with concrete cracking. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in The Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances, Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approvaL It is further expressly understood and agreed that the Grantee must 0 btain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post sureties, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department. 3 " " It is further expressly understood and agreed that the Grantee must obtain and keep ! i in force all-risk property insurance and general liability or such insurance as is deemed necessary by i ! I the City, and all insurance policies must name the City as additional named insured or loss payee, I, Ii Ii :1 Ii ,I 'I II 'I I, II II Ii ,I II II " 'I I, II il " II ii d ! i II I' I) i I I I I ! I ! I I I I I , as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000,00, combined single limits of such insurance policy or policies, The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or tennmation of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection oflocal or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100,00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection oflocal or state taxes, IN WITNESS WHEREOF, the said TowneBank has caused this Agreement to be 'I executed in its corporate name and on its behalf by G. Robert Aston, Jr" Chairman and Chief Executive Officer. Further, that the City of Virginia Beach has caused this Agreement to be 4 executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee ofthe City Manager (SEAL) ATTEST: City Clerk TOWNEBANK ST ATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2004, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. 5 Notary Public ! My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,2004, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STp.::m OF VIIC1!11 I~)t <?!TY/COUNTY OF 1 C rierllf (I If} to-wit: The foregoing instrument was acknowledged before me this ~) lift.. ' day of I /I..J'} , !\.. 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ORDINANCES/RESOLUTIONS ITEM # 52724 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance toAPPROPRIATE $861, 1 01 from the Virginia Department of Transportation (VDOT) re roadway resurfacing and neighborhood storm water drainage Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor MeyeraE. OberndorJ. Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Reba S. McClanan June 22, 2004 1 2 3 AN ORDINANCE TO APPROPRIATE $861,101 4 FROM THE VIRGINIA DEPARTMENT OF 5 TRANSPORTATION TO TWO CAPITAL 6 PROJECTS FOR ROADWAY MAINTENANCE 7 ACTIVITIES 8 9 WHEREAS, the City will receive in additional revenue in FY 2003-04 from the 10 Virginia Department of Transportation for roadway maintenance activities. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 12 OF VIRGINIA BEACH, VIRGINIA: 13 1. That $861,101 ofroadway maintenance revenue from the Virginia 14 Department of Transportation is hereby appropriated, to the projects and in the amounts 15 as follows: 16 (a) $727,585 to Capital Project #2-284, "Street Asphalt Resurfacing," to 17 reduce the current backlog of maintenance; and 18 (b) $133,516 to Capital Project #7-063, "Neighborhood Storm Water 19 Infrastructure Improvements," to facilitate neighborhood drainage projects. 20 2. That the estimated revenue from the state government in the FY 2003-04 21 operating budget is hereby increased by $861,101. 22 23 Adopted by the Council of the City of Virginia Beach, Virginia, on the 22n.d day 24 of June ,2004. 25 APPROVED AS TO CONTENT: jjoMJ Q - Management Services CA-9148 GG\orders\roadwayord.doc R2 - June 11, 2004 APPROVED AS TO LEGAL SUFFICIENCY: . ~~a . {I i...U-I/1" k.~ ~ I . . j . City Attorney's om e - 42- Item V-J.I0. ORDINANCES/RESOLUTIONS ITEM # 52725 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $108,630 }rom the United States Department of Housing and Urban Development (HUD) Section 8 funding to the FY 2003-04 operating budget of the Department of Housing and Neighborhood Preservation re housing voucher assistance for rental payments. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, RichardA. 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: Reba S. McClanan June 22, 2004 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $108,630 IN 2 FEDERAL FUNDING TO THE FY 2003-04 OPERATING BUDGET 3 OF THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD 4 PRESERVATION TO PROVIDE HOUSING ASSISTANCE 5 6 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That $108,630 in federal Housing and Urban Development funding is 12 hereby accepted and appropriated to the FY 2003-04 Operating Budget of 13 the Department of Housing and Neighborhood Preservation to provide housing 14 assistance, and estimated revenue from the federal government is increased 15 in the FY 2003-04 Operating Budget by $108,630. 16 17 Adopted by the City Council of the City of Virginia Beach, 18 Virginia, on this ~d1ay of June , 2004. APPROVED AS TO CONTENTS: APPROVED AS SUFFICIENCY: TO LEGAL Q~3vi~ / f~ fI: !/tvv~\ ';~. /r City Attorney' Offic~ CA-9291 H:\PA\GG\ORDRES\Housing-Bridle R2 June 9, 2004 Creek Vouchers ORD.DOC I ...." .... ......."T " ...", ..........' '.11 11"''''Qllla IUI't&.U"".UU 1-'01 r.uu"UU' r-'~l C C 1)}J IVI V'1 . , , , U. S. Department of Housing & Urban Development ,t~I,lo'.1"""O\ i!3* '* \ ~ "'o..w ..<~/ APR ~ 8:200>1- Richmond Office Public Housing Program Center 600 East Broad Street, 3rd Floor Richmond, VA 23219 ' 1-800-842-2610 Mr, Andrew Friedman Director, Department of Housing and Neighborhood Preservation City afVirginia Beach Municipal Center, Building 18A Virginia Beach, VA 23456 Dear Mr, Friedman: SUBJECT: Conversion Vouchers Bridle Creek Apartments. Virginia Beach, Virginia This letter is to formally notify your agency that the City of Virginia Beach has been awarded 131units of Section 8 Conversion VO',uchers with annual budget authority of$828,444, and Administrative fees of$82,116 in order to assist residents of Bridle Creek Apartments in Virginia Beach, Virginia, Also provided is budget authority of $32,750 far special fees to compensate the authority for any extraordinary Section 8 administrative costs associated with the conversion, These funds are provided consistent with Pili Notice 99-40 (HA) and Notice Pili 2001-41 (HA) , The Annual Contributions Contract (ACC) is being prepared and will be the subject afseparate correspondence. The effective date is April 1, 2004. We appreciate your agreeing to administer these vouchers so that eligible residents of Bridle Creek Apartments can be assisted, If you have any questions or need further assistance, please contact Frank Clower at 804-771-2100 ex1. 3778. Sincerely, Cf~..;f. f2t{ete{~ .<1..,-" Patricia W. Anderson Director - 43- Item V-J.lI. ORDINANCES/RESOLUTIONS ITEM # 52726 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to APPROPRIATE $80,000 from the General Fund to provide a four-year interest-free loan to the Plaza Volunteer Rescue Squad re purchase of a new ambulance Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorj; Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Reba S. McClanan June 22, 2004 1 AN ORDINANCE TO APPROPRIATE $80,000 FROM THE 2 FUND BALANCE OF THE GENERAL FUND TO PROVIDE AN 3 INTEREST-FREE LOAN TO THE PLAZA VOLUNTEER 4 RESCUE SQUAD FOR THE PURCHASE OF A NEW 5 AMBULANCE 6 WHEREAS, the Plaza Volunteer Rescue Squad does not presently 7 have adequate funds to purchase a new ambulance but has represented 8 that fund-raising efforts will provide sufficient funds to repay an 9 interest-free loan from the City of Virginia Beach in the amount of 10 $80,000. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 1. That $80,000 is hereby appropriated from the fund balance 14 of the General Fund to provide an interest-free loan to the Plaza 15 Volunteer Rescue Squad so it may purchase an ambulance, with 16 revenue increased accordingly in the FY 2003-04 Operating Budget. 17 2. That this loan is to be repaid by the Plaza Volunteer 18 Rescue Squad over (4) years, with payments, due on the 1st day of 19 July each year, in (4) equal installments of $20,000, with the 20 first payment to be made on or before July 1, 2005,and the last 21 payment to be made on or before July 1, 2008. 22 23 24 25 Adopted by Virginia, on the the 22nd Council of day of .Tune the City of , 2004. Virginia Beach, Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: n '~/) ~ / .-/0/111 ~ Ie; Management Services APPROVED AS TO LEGAL SUFFICIENCY: ~~~)yr. City Attorney's Office 26 CA-9233 27 H,\PA\GG\ORDRES\Plaza Volunteer Resuce Squad Loan.doc 28 R2 June 9, 2004 PLAZA VOLUNTEER RESCUE SQUAD P.O. Box 2128 Virginia Beach, VA. 23450 Chief Department of EMS 1917 Arctic Avenue Virginia Beach, VA. 23451 March 10. 2004 The Plaza Volunteer Rescue Squad needs to replace its aging 1993 International 4700 Ambulance (1623) with a new Ambulance This will ensure continuation of quality emergency services with state of the art equipment Ambulance 1623 is the oldest of four ambulances in the Plaza Rescue Squad inventory. Over the past year we have experienced increased mechanical problems including brake, suspension and electrical failures resulting in towing service and unscheduled periods of down time We attribute this, in part, to the following . Electrical problems include outdated lighting which creates a larger draw on the electrical system resulting in premature failure of the ambulance batteries. . Air Conditioning is not adequate to handle the summer temperatures which create scheduling problems during the summer days . Maintenance costs are now twice as the other ambulances and is only used 18 percent of the time trying to save unnecessary costs. Unit 1623 is a 1993 model year chassis with a 170 inch box that is the largest ambulance in the Plaza Volunteer Rescue Squad inventory The patient compartment is now II years old and in dire need of replacement [n addition to the aforementioned outdated lighting, the flooring is also in need of replacement lt is not cost effective to rechasis this unit, as the flooring, electrical systems, air conditioning, and upholstery all need replacement At its present mileage of 157,957 it has become undependable. Plaza Volunteer Rescue Squad has researched and priced ambulances and has decided on another ambulance with an International truck chassis Plaza Rescue Squad currently has four (4) ambulances with the same chassis type in its inventory and its members are familiar with the driving and handling of this type ambulance chassis. Also with the current International chassis' in the inventory the maintenance facilities utilized by Plaza Rescue are already in place ~E~~71~ ~ The proposed cost to purchase a new International Ambulance is $128,94500 Of this cost Plaza Volunteer Rescue Squad is applying for a RSAF grant from the state office of EMS for a total of$39,000. Plaza Rescue Squad has budgeted $5,000.00 towards the cost plus the sale or trade of the current 1623, about $5,000 Current budget constraints limit Plaza Rescue Squad's ability to fund this new ambulance without the assistance of the City of Virginia Beach Plaza Volunteer Rescue Squad is requesting the city of Virginia Beach to augment the requested state grant and its budgeted funds for the purchase of a new ambulance with a no-interest loan of $80,000 00. We are further requesting to pay back this loan over a period of four (4) years at $20.000.00 per year. !!;(i:,,r J !tUk~ . William J Walker Presidedt - 44- Item V-J.l2. ORDINANCES/RESOLUTIONS ITEM # 52727 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance toAPPROPRIA TE $47,550from the Wetlands and Coastal Primary Sand Dune Zoning and Chesapeake Bay Preservation ordinance violation charges to the FY 2003-04 operating budget of the Department of Agriculture re wetlands and coastal primary sand dune restoration and enhancement projects Voting: 10-0 (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: None Council Members Absent: Reba S. McClanan June 22, 2004 1 AN ORDINANCE TO APPROPRIATE $47,550 IN 2 ORDINANCE VIOLATIONS REVENUE TO THE FY 3 2003-04 OPERATING BUDGET OF THE 4 DEPARTMENT OF AGRICULTURE FOR WETLANDS 5 AND COASTAL SAND DUNE RESTORATION AND 6 ENHANCEMENT PROJECTS 7 8 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 1. That $8,500 from Virginia Beach Wetlands and Coastal 12 Primary Sand Dune Zoning Ordinance violation charges and $39,050 13 from Chesapeake Bay Preservation Ordinance violation charges are 14 hereby appropriated to the FY 2003-04 operating budget of the 15 Department of Agriculture for wetlands and coastal primary sand 16 dune restoration and enhancement projects. 17 2. That estimated revenue in the FY 2003-04 operating budget 18 is hereby increased by $8,500 from Virginia Beach Wetlands and 19 Coastal Primary Sand Dune Zoning Ordinance violation charges and 20 by $39,050 from Chesapeake Bay Preservation Ordinance violation 21 charges. 22 23 Adopted by the Council of the City of Virginia Beach, 24 Virginia on the 22nd day of June , 2004. Approved as to Content: JJ aM..a Q GroJ ~ Management Services I CA9297 H:\PA\GG\ORDRES\Wetlands ORD.doc R2 June 9, 2004 Approved as to Legal Sufficiency: !AhtA~~1 (cr If City Attorney - 45- Item V-J.13. ORDINANCES/RESOLUTIONS ITEM # 52728 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Resolution to A UTHORIZE and DIRECT the City Manager to execute the Urban System Construction Program Administration Agreement with the Virginia Department of Transportation (V DOT) re the urban highway construction program. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, RichardA. 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: Reba S. McClanan June 22, 2004 1 A RESOLUTION AUTHORIZING AND 2 DIRECTING THE CITY MANAGER TO 3 EXECUTE, ON BEHALF OF THE CITY, AN 4 AGREEMENT WITH THE VIRGINIA 5 DEPARTMENT OF TRANSPORTATION 6 PERTAINING TO THE CITY'S HIGHWAY 7 CONSTRUCTION PROGRAM 8 9 WHEREAS, in accordance with Section 33.1-23.3 of the 10 Virginia Code, the City of Virginia Beach desires to administer 11 its urban system highway construction program and to receive 12 quarterly payments for the State's portion of the City's annual 13 urban system allocation; and 14 WHEREAS, the Virginia Department of Transportation 15 (VDOT) has indicated that it concurs in the City's general 16 administration of the design, right-of-way acquisition, utility 17 relocation and construction of federally-funded and state-funded 18 proj ects; and 19 WHEREAS, subject to the approval of the City Council, 20 the City Staff and VDOT have agreed upon the terms by which the 21 foregoing objectives may be accomplished; 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 23 CITY OF VIRGINIA BEACH, VIRGINIA: 24 That the City Manager be, and hereby is, authorized 25 and directed to execute, on behalf of the City of Virginia 26 Beach, the Urban System Construction Program Administration 27 Agreement between the City and the Virginia Department of 28 Transportation dated June 22, 2004, a summary of the material 29 terms of which is hereto attached and a copy of which is on file 30 in the Office of the City Attorney. 31 Adopted by the Council of the City of Virginia Beach, 32 Virginia, on the 22 day of June 2004. CA-9303 OlD\ordres\urbansystemres.doc R-1 June 10, 2004 APPROVED AS TO CONTENT: ~~.1}e k~ Department of Public Works APPROVED AS TO LEGAL lENCY: City Attorney's Office 2 Urban Construction Project Administration Agreement Summary I) An Agreement between VDOT and the City of Virginia Beach 2) Allows City, per state code, to assume the responsibility for administration of our urban program and to receive quarterly payments for the state portion of our annual urban construction allocation. 3) The City will be responsible for all aspects of specified urban construction projects. The City will obtain authorization from VDOT for each major phase of the work, ifthe project utilizes federal funds. The City agrees to design projects to accepted Engineering Standards. 4) The City will receive quarterly payments for the state share of urban program funds and will be reimbursed monthly for'federal funds expended. 5) The agreement contains program audit provisions 6) The agreement may be modified by mutual agreement. It may be terminated by either party on 180 day notice. - 46- Item V-J.14. ORDINANCES/RESOLUTIONS ADDED ITEM # 52729 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Resolution in Recognition of Council Lady Margaret L. Eure for her contributions to City Council. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. 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 L. Wood Council Members Voting Nay: None Council Members Absent: Reba S. McClanan June 22, 2004 Irsnlutinn WHEREAS, Margaret L. Eure began serving on the Virginia Beach City Council July 1,1998, as a dynamic and valuable asset to her colleagues as well as the citizens; WHEREAS, Council Lady Eure was appointed by her colleagues to represent the City on the Hampton Roads Planning District Commission, the Virginia Municipal League's Transportation and Policy Steering Committee, and as a City Council Liaison to the Open Space Advisory Committee, the Convention Center Special Project, the Development Authority, the Golf Course Development Task Force, the Aging Infrastructure Committee, the Joint City/School Ad-Hoc Modernization Commission, the Southeastern' Parkway and Greenbelt Committee, and the Cox Franchise Renewal Steering Committee; , WHEREAS,Prior to her election to City Council, Council Lady Eure served on the City's Planning Commission and was Vice Chair of the Hampton Roads Chamber of Commerce, WHEREAS, She is the Founding President of the Governor's Schoolfor the Arts Foundation and has chaired many regional taskforees on drugs, hazardous waste control, water supply, poverty/affordable housing and asbestos removal, to name afew; and, WHEREAS, Council Lady Eure is an award winning author of articles relative to 'working women in the construction industry and recipient of the Virginia Department of Highways' Outstanding Woman.Owned Business Award In 2003, she was appointed by Governor Mark Warner to serve on the Veterans' Services Committee of the Commonwealth of Virginia. NOW, THEREFORE, BE IT RESOLVED: Thot the City Council of the City of Virginia Beach, Virginia, hereby recognizes the vast contributions of Council Lady Margaret L. Eure, whose untiring efforts and tenacity will be sorely missed as they have made a positive impact infurthering the City's mission to be a "Communityfor a Lifetime. " BE IT FURTHER RESOLVED: Thot the City Council of the City of Virginia Beach encourages Margaret L. Eure to continue to use her great talent in service to her City and Community in the years to come. Louis R Jones. Vi Mayor - 47- Item V-J.I5. ORDINANCES/RESOLUTIONS ADDED ITEM # 52730 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to APPROPRIA TE $203, 003 to the Department of Human Services FY 2004-05 operating budget and TRANSFER $43,124 within the Human Services FY2004-05 operating budget re special education graduates with mental retardation Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Reba S. McClanan June 22, 2004 1 2 3 4 5 6 7 8 9 10 11 12 AN ORDINANCE TO APPROPRIATE $203,003 TO THE FY 2004-05 OPERATING BUDGET OF THE DEPARTMENT OF HUMAN SERVICES AND TRANSFER $43,124 WITHIN THE DEPARTMENT'S OPERATING BUDGET FOR THE PURPOSE OF PROVIDING SERVICES FOR SPECIAL EDUCATION GRADUATES WITH MENTAL RETARDATION WHEREAS, there is a need in the community to provide 13 services for special education graduates with mental 14 retardation, and sufficient funding exists from various 15 sources to provide these services. 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA: 18 19 1. That $203,003 is hereby appropriated to the FY 2004- 20 05 Department of Human Services Budget for the purpose of providing 21 services to special education graduates with mental retardation. 22 2. That the funding sources for this appropriation are 23 as follows: 24 a. $114,740 in additional State Medicaid fees, 25 b. $30,000 in additional State Department of 26 Rehabilitative Services fees, 27 c. $15,140 in additional client fees; and 28 d. $43,123 from fund balance designated for mental 29 health services. 30 3. That $43,124 resulting from anticipated savings from 31 the consolidation of Human Services is hereby transferred within 32 the FY 2004-05 Operating Budget of the Department of Human 33 Services. 34 4. That, in the FY 2004-05 Operating Budget, revenue from 35 the Commonwealth of virginia is hereby increased by $159,880, and 36 revenue from the appropriation of fund balance is increased by 37 $43,123. 38 5. That five full-time positions are hereby established 39 in the FY 2004-05 Operating Budget of the Human Services 40 Department. 41 42 Adopted by the Council of the City of Virginia Beach, 43 Virginia, on the 22 day of June , 2004. 44 45 Requires an affirmative vote by a majority of the members of City 46 Council. 47 48 Approved As to Content: Approved As To Legal Sufficiency: ~YA ~M~9 e Services ~ CA9300 R3-June 22, 2004 H,\PA\GG\ORDRES\Special Education (lower projection)ord.doc - 48- Item V-K ITEM # 52731 PLANNING 1.a. CORNELIUS F. AND ANTONINA S. BOYNTON, JR. b. LOPE B. AND MERCY PILE 2. HELEN L. SCOTT 3. PLEASANT RIDGE AUTO PARTS, INC. 4, HAC PROPERTIES, L.L.C. STREET CLOSURES CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING MODIFICATION OF CONDITIONS (approved 11/24/98 on behalf of Mr. andMrs, Philip Wayne Munden, Jr.) CONDITIONAL CHANGE OF ZONING June 22, 2004 - 49- Item V-K PLANNING ITEM # 52732 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED in ONE MOTION Items 1a/b, 2 and 3a/b (DEFERRED) of the PLANNING BY CONSENT AGENDA. Item J.3 a/b4 was DEFERRED, BY CONSENT until the City Council Session of July 13, 2004. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, RichardA. Maddox, Mayor Meyera E. Oberndorj; Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Reba S. McClanan June 22, 2004 - 50- Item V-K.I.a. PLANNING ITEM # 52732 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED an Ordinance upon Application of CORNELIUS F. BOYNTON, JR. & ANTONINA S. BOYNTON for the discontinuance. closure and abandonment of a portion of Jersey Avenue: Ordinance upon Application of Cornelius F. Boynton, Jr. & Antonina S. Boynton for the discontinuance, closure and abandonment of a portion of Jersey Avenue beginning at the northern extremity of Jersey Avenue and running a distance of approximately 157.23 feet in a northerly direction to its intersection with Virginia Beach Boulevard. DISTRICT 2 ~ KEMPSVILLE The following conditions shall be required 1. The City Attorney's Office will make the final determination regarding ownership of the underzying fee. The City Attorney's Office will review the prior payments made to the City by the applicant to determine if they are in compliance with 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 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. A public drainage easement satisfactory to the Department of Public Work, shall be provided on the final plat. 4. The applicant is required to verifY that no private utilities exist within the right-of way proposed for closure. Preliminary comments from the utility companies indicate that there are Virginia Natural Gas utilities within the right-ofway proposed for closure. If private utilities do exist. easements satisfactory to the utility company must be provided. 5. Closure of the right-of way shall be contingent upon compliance with the above stated conditions within 365 days (June 21,2005) of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of way this approval shall be considered null and void. 6. A public utility easement satisfactory to the Department of Public Utilities will be required to be dedicated on the final plat. June 22. 2004 Item V-K.J.a. PLANNING Voting: - 5] - ITEM # 52732 (Continued) ] 0-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, RichardA. 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: Reba S. McClanan June 22, 2004 I 2 3 4 ORDINANCE NO. 5 6 7 8 IN THE MATTER OF CLOSING, V ACA TING AND 9 DISCONTINUING A PORTION OF THAT CERTAIN 10 STREET KNOWN AS JERSEY AVENUE AS SHOWN 11 ON THAT CERTAIN PLAT ENTITLED "EXHIBIT 12 PLAT SHOWING A PORTION OF JERSEY A VENUE ]3 TO BE CLOSED ADJACENT TO LOTS I THRU 7, 14 INCLUSIVE, BLOCK 25 AND LOTS 3 AND 4, BLOCK 15 26, EUCLID PLACE (M.B. 4, P.63) VIRGINIA BEACH, 16 VIRGINIA": 17 18 19 WHEREAS, Cornelius F. Boynton and Antonina S. Boynton applied to the 20 Council of the City of Virginia Beach, Virginia, to have the hereinafter described street 21 discontinued, closed, and vacated; and 22 WHEREAS, it is the judgment of the Council that said street be discontinued, 23 closed, and vacated, subject to certain conditions having been met on or before one (I) year from 24 City Council's adoption of this Ordinance; 25 26 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 27 Beach, Virginia: 28 29 SECTION I 30 31 That the hereinafter described street be discontinued, closed and vacated, subject 32 to certain conditions being met on or before one (I) year from City Council's adoption of this 33 ordinance: 34 GPIN: 1467-85-6657-0000, 1467-85-8624-0000 35 1 35 36 All that certain piece or parcel of land situate, lying and being in 37 the City of Virginia Beach, Virginia, which is shown as the 38 western half of the unimproved portion of Jersey Avenue, 39 designated and described as "(3,095 SQUARE FEET)" shown as a 40 portion of the cross-hatched area on that certain plat entitled: 41 EXHIBIT PLAT SHOWING A PORTION OF JERSEY AVENUE 42 TO BE CLOSED ADJACENT TO LOTS I THRU 7, 43 INCLUSIVE, BLOCK 25 AND LOTS 3 AND 4, BLOCK 26, 44 EUCLID PLACE (M.B. 4, P.63) VIRGINIA BEACH, 45 VIRGINIA" Scale: I" = 25', dated August 3, 1999, prepared by 46 John E. Sirine and Associates, Ltd., a copy of which is attached 47 hereto as Exhibit A. 48 49 50 SECTION II 51 52 The following conditions must be met on or before one (I) year from City 53 Council's adoption of this ordinance: 54 I. The City Attorney's Office will make the final determination regarding 55 ownership of the underlying fee. The City Attorney's Office will review the prior payments 56 made to the City by the applicant to determine if they are in compliance with the "Policy 57 Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City 58 Council. Copies of said policy are available in the Planning Department. 59 2. The applicant shall resubdivide the property and vacate internal lot lines to 60 incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted 61 and approved for recordation prior to final street closure approval. 62 3. A public drainage easement satisfactory to the Department of Public Works 63 shall be provided on the final plat. 64 2 64 4. The applicant shall verify that no private utilities exist within the right-of-way 65 proposed for closure. Preliminary comments from the utility companies indicate that there are 66 Virginia Natural Gas utilities within the right-of-way proposed for closure. If private utilities do 67 exist, the applicant shall provide easements satisfactory to the utility companies. 68 5. Closure of the right-of-way shall be contingent upon compliance with the 69 above stated conditions within one year of approval by City Council. If all conditions noted 70 above are not in compliance and the final plat is not approved within one year of the City 71 Council vote to close the street, this approval will be considered null and void. 72 6. A public utility easement satisfactory to the Dcpartment of Public Utilities will 73 be required to be dedicated on the final plat. 74 75 SECTION III 76 77 I. If the preceding conditions are not fulfilled on or before June 21, 2005, 78 this Ordinance will be deemed null and void without further action by the City Council. 79 2. If all conditions are met on or before June 21, 2005, the date of final 80 closure is the date the street closure ordinance is recorded by the City Attorney. 81 3. In the event the City of Virginia Beach has any interest in the underlying 82 fee, the City Manager or his designee is authorized to execute whatever documents, if any, that 83 may be requested to convey such interest, provided said documents are approved by the City 84 Attorney's Office. 85 SECTION IV 86 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 87 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 3 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 88 VIRGINIA BEACH as "Grantor" and CORNELIUS F. BOYNTON, JR. AND ANTONINA S. 89 BOYNTON as "Grantee." 90 Adopted by the Council of the City of Virginia Beach, Virginia, on this 22nd day of June ,2004. CA-9179 June 3, 2004 APPROVED AS TO LEGAL ~FF~::\?~~ City Attorney \':\\)ata\ATY\\'orm~\Str,,~t C!m,\\I\;\WORK1NG\CA9119,OR\J,<.\(lI: 4 NOITS: 1. MERIDIAN S()I.;f?CT BASED ON Pl.Al REC,)RDFG !~~ ~)fTD BOOf< 2431. PAGE- 1581, r"-'.~---::"-' - 'I pr)RT!C!N Dr JF qC::E 1.l..\.TNUE TO Be CL_DS[;): L_..-<...H____..:.:__~ .3 A,Rt't\, (\f J;~~:)t\ AVE~'JU[;O 8t_ Ci OSt~) 5,6()7 SOU,AR[ q-J~T/O,129 ACRE 4. iH(; Dl..:..T :~; NOT 'Nll.NUlD TO SHCW A.N{ ~.A~;[M~\,jlS OR Pfi{SICAl ~EATURE':3 THAT M!\. lAYiTC. I ;!-;:'.~ r-'ROPERT'l s n--ij, P: t.)" UC':=S NO! CDr--r::;ljT,_,rl:- ,f, 'S~J~ifY/I"~;i()~ i)' ~A'~D r;, 'l..j'- ~:, t.! -):~lr-'t.,RF'L~' WI;HCH)l ;!-.E HLr~F-i ,,)r ,-, "I' f- R[~OR~. LU .'~ ::) ~ i) Z2' l.c' ~~V).-~ <Cl'-'\D... ~Cl' r;;- '-- uJ _ v- ~ ;15--:- ('" ~~a:!~ D:: 9=i :.-.; ,:~ LU > ~~.j ..., . JERSEY AVENUE TO BE CLOSED \, .. ~ 1-' 6 & ;1:: SQ ~a ~~ f H ,- "'--- S ;;? 'r ."_ ~\'?1 ~ v, " '? r-" BJ"iOJ4" ~-'989' ):,1, oj (~)L I J:I L01 2 LO', j lOT 4 1...0'; :) ,_(iT E; 10; <:.; 89.4~'G5" 'N LU1 f, di.;J( r, ~) "-', L L) '~.'l__;:J (I~,8. 4, F', f,.3; r;~',r~ 1467--8~)-64:n '''1 ''" "' -,--_._-- ri~\ 'r- CD \1,.. )) l.() ,~./ .0 "~ '" CD., "-, . ., "' " "' a::' ~ , CD 0 ~ () z L'-- it f~'l_ t~ Cl J I1JilQ;. ", IY/-i .", Ih. S~ - i. ";'t'f 'AI ~! "C"i,! '16:( CIy b I,"" 70, ".;- " IYil). Q'rl,. ' 'Ii " "'''0 'f! ""'VI" 'Ii .)~ 'SC/f c; Ii'/'u}"'<: V-i 8. 3;, ~ I"",, OOS' JilD .8,]. /,1"1',< 8'7' 5&;) 0-,) 0<1 - -70/, ~ / , Co / ~ "1 c' /~ wJ .", u m "- / w, , ~ \~i I n:~ ' '0 '0: / '" m 4: ~ "", r< :::)/ , 0 , 0 0 Cr)/ (, 0 en /-3: "' 0 c, . m ~, () / Z "' /.". "' e, -OJ "_...-' 0 (, 0 v' \0 " " CD OJ i ", aJ 1.0T 5 w .. z 0.: o i.OT 4 .1<~ 25.'36' R 380~ 6" 108'01'12" -- A = 71,64' 52,.3::' 61.49' '.;fj :.: ~: :iY4S'4 \" W ,n ,. o '\ ({) .n <0 f-. C) ..J .\ P,)~~ :'()r,~ '-li: EXHIBIT PLAT SHOWING <0 ~ :",.~ C' j ;L;;'l :f; r--'S -4\D I '_.1 .i 'j':L 'I. a) :~} (--,"; ::--, ~ ~\D,;,\'fJ,; r r(~) LOTS 1 THRU 7, INCLUSIVE, BLOCK 25 AND LOTS 3 AND 4, BLOCK 26, EUCLID PLACE (M F-;,::1 6,~': v'lf;C;:N'A '.{f ':\',-.L:, \'IRI~;'Ni,~ ::-,(.:A,U 1 =-L"J:;' _ -L . .' (>("~ ,. .-'::>.::.- ~) l-,-, '.' 11. ----.J r, .\i ,; '_;i_' -=-~, , .3, 1q99 JOHN E. SIRINE AND ASSOCIATES, L TO. Sl ,IR ',it- (Oi?S' t.r\:~:INFTh;S. ~ll !\\J7\JEf~=-, 4.317 ::j(!NNE / I:';C/l"J '/IRCINi^ 8tAr~i-i, 'vNC:~!A )_)t.5'~ o I. R!: ,,':~; ~~(i\,' '~~9 2,5 :.0 CRA.PHIC SCi\LE' ':) 1DO i-~~~T ~)HU:_ T 1 ui' - 52- Item V-Xl.b. PLANNING ITEM # 52733 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED an Ordinance upon application of LOPE B. PILE & MERCY PILE for the discontinuance, closure and abandonment of a portion of Jersey Avenue Ordinance upon Application of Lope B. Pile & Mercy Pile for the discontinuance, closure and abandonment of a portion of Jersey Avenue beginning at the northern extremity of Jersey Avenue and running a distance of approximately 107.90 feet in a northerly direction to its intersection with Virginia Beach Boulevard. DISTRICT 2 - KEMPSVILLE The following conditions shall be required 1. The City Attorney's Office will make the final determination regarding ownership of the underlyingfee. The City Attorney's Office will review the prior payments made to the City by the applicant to determine if they are in compliance with 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 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 approvedfor recordation prior to final street closure approval. 3. A public drainage easement satisfactory to the Department of Public Works shall be provided on the final plat. 4. The applicant is required to verifY that no private utilities exist within the right-oj-way proposed for closure. Preliminary comments from the utility companies indicate that there are Virginia Natural Gas utilities within the right-oj-way proposed for closure. If'private utilities do exist, easements satisfactory to the utility company must be provided. 5. Closure of the right-oj-way shall be contingent upon compliance with the above stated conditions within 365 days (June 21,2005) of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-oj-way this approval shall be considered null and void. 6. A public utility easement satisfactory to the Department of Public Utilities will be required to be dedicated on the final plat. June 22, 2004 Item V-K.I.b. PLANNING Voting: - 53- ITEM # 52733 (Continued) 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorj; Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Reba S. McClanan June 22, 2004 I 2 3 4 ORDINANCE NO. 5 6 7 8 IN THE MATTER OF CLOSING, V ACA TING AND 9 DISCONTINUING A PORTION OF THAT CERTAIN 10 STREET KNOWN AS JERSEY A VENUE AS SHOWN II ON THAT CERTAIN PLAT ENTITLED "EXHIBIT 12 PLAT SHOWING A PORTION OF JERSEY A VENUE 13 TO BE CLOSED ADJACENT TO LOTS I THRU 7, 14 INCLUSIVE, BLOCK 25 AND LOTS 3 AND 4, BLOCK 15 26, EUCLID PLACE (M.B. 4, P.63) VIRGINIA BEACH, 16 VIRGINIA": 17 18 19 WHEREAS, Lope B. Pile and Mercy Pile applied to the Council of the City of 20 Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and 21 vacated; and 22 WHEREAS, it is the judgment of the Council that said street be discontinued, 23 closed, and vacated, subject to certain conditions having been met on or before one (I) year from 24 City Council's adoption of this Ordinance; 25 26 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 27 Beach, Virginia: 28 29 SECTION I 30 31 That the hereinafter described street be discontinued, closed and vacated, subject 32 to certain conditions being met on or before one (I) year from City Council's adoption of this 33 ordinance: 34 GPIN: 1467-85-8624-0000,1467-85-6657-0000 35 1 35 36 All that certain piece or parcel of land situate, lying and being in 37 the City of Virginia Beach, Virginia, which is shown as the eastern 38 half of the unimproved portion of Jersey A venue, designated and 39 described as "(2,5l2 SQUARE FEET)" shown as a portion of the 40 cross-hatched area on that certain plat entitled: EXHIBIT PLAT 4\ SHOWING A PORTION OF JERSEY AVENUE TO BE 42 CLOSED ADJACENT TO LOTS I THRU 7, INCLUSIVE, 43 BLOCK 25 AND LOTS 3 AND 4, BLOCK 26, EUCLID PLACE 44 (M.B. 4, P.63) VIRGINIA BEACH, VIRGINIA" Scale: I" = 25', 45 dated August 3, 1999, prepared by John E. Sirine and Associates, 46 Ltd., a copy of which is attached hereto as Exhibit A. 47 48 49 SECTION II 50 51 The following conditions must be met on or before one (1) year from City 52 Council's adoption of this ordinance: 53 I. The City Attorney's Office will make the final determination regarding 54 ownership of the underlying fee. The City Attorney's Office will review the prior payments 55 made to the City by the applicant to determine if they are in compliance with the "Policy 56 Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City 57 Council. Copies of said policy are available in the Planning Department. 58 2. The applicant shall resubdivide the property and vacate internal lot lines to 59 incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted 60 and approved for recordation prior to final street closure approval. 61 3. A public drainage easement satisfactory to the Department of Public Works 62 shall be provided on the final plat. 63 2 63 4. The applicant shall verify that no private utilities exist within the right-of-way 64 proposed for closure. Preliminary comments from the utility companies indicate that there are 65 Virginia Natural Gas utilities within the right-of-way proposed for closure. If private utilities do 66 exist, the applicant shall provide easements satisfactory to the utility companies. 67 5. Closure of the right-of-way shall be contingent upon compliance with the 68 above stated conditions within one year of approval by City Council. If all conditions noted 69 above are not in compliance and the final plat is not approved within one year of the City 70 Council vote to close the street, this approval will be considered null and void. 71 6. A public utility easement satisfactory to the Department of Public Utilities will 72 be required to be dedicated on the final plat. 73 74 SECTION III 75 76 1. If the preceding conditions are not fulfilled on or before June 21, 2005, 77 this Ordinance will be deemed null and void without further action by the City Council. 78 2. [f all conditions are met on or before June 21, 2005, the date of final 79 closure is the date the street closure ordinance is recorded by the City Attorney. 80 3. [n the event the City of Virginia Beach has any interest in the underlying 81 fee, the City Manager or his designee is authorized to execute whatever documents, if any, that 82 may be requested to convey such interest, provided said documents are approved by the City 83 Attorney's Office. 84 SECTION IV 85 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 86 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 87 VIRGINIA BEACH as "Grantor" and LOPE B. P[LE and MERCY PILE as "Grantee." 3 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 of June ,2004. CA-9l83 June 3, 2004 Adopted by the Council of the City of Virginia Beach, Virginia, on this 22nd day APPROVED AS TO CONTENT: IU-r ie- ~r ~.1.tJr Planning epartment APPROVED AS TO LEGAL SUFFICIENCY: . ~ (p~6 City Attorney F:\])ala\ATY\F()rms\Str~ct C1osurc\WORKlNC\Cl\91 ~3,OR1),d()c 4 NOITS: f-AERIDIAN S.~I,;P':.E BASED ON P~_A T RF,COF~[)t[: IN D~:rD BOOf( 2431. PAGE 15Rl 7. PORTION nr J[RSE> ~V['NUE -;0 Be CLOSE:): .J 4 APf',\ (:If_'F ~~~Sf: '1 I~ VE ~~~J[ ro 8[ ClOSt I) rJ.6rY-;' SOlJARL fTE'- le,1 29 ACRE. -Hi'"; ~)l_''.. j- :S\JC"1 iNn::NDLD TO SH(YN AN ( f,A:;i:MF.N 1~;' OR PHYSICAL>[A TURE'3 I'I-jA T M/\ ( A,!"f :"C T :...~:~-: (lF~OPFR''''. ~Hi ~:! r :"'j.')L:S NO: Cl)~iSliTUrr_- ,r-.. S~;RI.\:'/i:~~Ii)\J (k IM~D 'H' .' ,t.! -)~lt.t.,Fd'T W!;H~_:UT ~'>1f'. HlrEf- '~:r t, ~ REPOR: r\] "-)1 l?I?Q/, 1V1,.q , , . '~\' 6'.t.... " 11(, //16 ,.,~,. I ~, o'i~4 IF f;"1 S. ,. o : "IYO '0 r/y OUI" . & .,:';'iO.,uECl 1Y/1I)'<:V,.qb a ' 8~' '. ,; '; 'h,~058, '"I'D 5a, .20.2) 7,j., ) lOT, ... .~ I ") f:'. \,')1 6 B ;J: f!Q ~a i!: 0:" f '-);~ 01 J 83"i(..1'J4" L I'~/-\: ,,-'9.,g9' ~ ... " \, ') '?Ii ~ r.~ ,,~ , y, ., '? r):~i, : c1 (~)Lf LOI 2 LOI .J ;r, '" > , a .~ .- n , /ui l.d/ uJ u, ,'i: ~, 0> '0 ~ , / LJJ/ . ~, 0:::' n '0 '" / <( 0> <( i--- / ::J ,,'OJ" /.: ::)/ e a p 0 /~ 00' en' 0 0 en Lei e() 0 , 'D '" if. 0'. Z "' /['~ 0 .,. ".; 0; / OJ " '--,,' 0 00 0 00 C , ,., V'. DO or -3 w 'r "' LO; 4 11"-:'5'\1 1".__ )1 '~--'./ "' (.1.', '" ., w', IX' , ", ,n .,. G (,) !.CY; ~) ,. 00 ~ .::- .1.. r"' l-C1T G 1>-~ 25,36' R 38.0~ 6. 10R'Ol'l~" A 7164' T :0. 52,Y~' C 61.49' '.-:6 =- S ~fY45'41" W 2' ci o IJ!T 4 <;:, 89'4c/Cj5" vi " "J:\ -il l.IJ ~ .....~ -I....... co ZCl' I,"' ~~~~..,~ <~:.(l Q ~ Q';;:; >- l~j ....,. I.LJ ~v ~ en --.. m en ~ ~i C} w >"-/'~.-' '"') i() I. C; I 7 e- O 'D L Ci-~ 8. Hi Ot'>, :':~', t_,;I_~1 'lJ (M8. 4, P, 63~' ,;~ ir.J 146 7. 8~)- 64:0 [l'_,;CL ,-' () -" EXHIBIT PLA T SHOWING "\0,; ,\ <t. ~-~ rn '" ~ ""J .LI___ '1"-) :2 ...L ';-w '.;' ~', ii' 'I r.l' 11~ 0:' .11 r-O <:to r- "' (:;CD ~ ",:/ ~) I';:. '- ~ __I " .\ ~l:)f~ i '0\, ')f JERSEY AVENUE TO BE CLOSED LOTS 1 THRU 7, INCLUSIVE, BLOCK 25 AND LOTS 3 AND 4, BLOCK 26. EUCLID PLACE (M F-; .1, :~, 12::'; 'i1h:-;!N' A, -~f_ ,(\1,',":, o/IR(;'N"~ ':~,c. i\L f' "1" )!,' <\:;'-.;; ,3, 19~9 JOHN E. SIRINE AND ASSOCIATES, L TD, Sl:,r:;~\,l: T'JRS. ~~,; '~:INLTR(~. ~-,: .'\ \,JI'JEK'S 4.317 HCIN[,jf"! I-<O^.~'l '/iRCiNIA m AI'H, Vi~~(;IN:A. 2j4S> ,-,;: ,-,_.' ~() '~, 00 HTf nJ R!' '/I~)C:) ~~CJ".' ~999 CR AH-jIC S( i\L[ ,),,[1:. T i Ul - 54- Item V-K,2. PLANNING ITEM # 52734 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED an Ordinance upon application of HELEN L. SCOTT for a Conditional Use Permit ORDINANCE UPON APPLICATION OF HELEN L. SCOTT FOR A CONDITIONAL USE PERMIT FOR FAMILY DAY CARE R060431175 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Helen L. Scott for a Conditional Use Permit (or family day care on property located at 646 Garfield Avenue (GPlN 148666508400(0). DISTRICT 3 - ROSE HALL The following conditions shall be required: 1. The Family Day Care shall be limited to a total of ten (10) children during a single 24-hour period. Of the 10 children, no more than five (5) may be under the age of two and one-half years old. 2. There shall be no signs on the site advertising the Family Day Care. 3. Parkingfor customers andfuture employees shall be on the site and not on the public street. 4. The applicant shall obtain all the necessary permits and inspections required by the Departments of Fire , Social Services and Planning/Permits and Inspections Division before obtaining a business license. 5. The applicant shall maintain a Family Day Care license with the Commonwealth ()(Virginia (Social Service.I). Failure to maintain a Family Day Care license shall result in revocation of the home occupation (family day care) permit. 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 22nd o(June, Two Thousand Four June 22, 2004 Item V-K.2. PLANNING Voting: - 55- ITEM # 52734 (Continued) 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorj; Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Reba S. McClanan June 22, 2004 - 56- Item V-K.3. PLANNING ITEM # 52735 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council DEFERRED until the City Council Session of July 13, 2004, Ordinances upon applications of PLEASANT RIDGE AUTO PARTS, INC re retail sales establishment specializing in auto parts and undefined future expansion for a Conditional Change of Zoning and ,Modification of Conditions re a Conditional Use Permit (approved by City Council on November 24,1998, in behalfofMr. and Mrs. Philip Wayne Murden, Jr,: ORDINANCE UPON APPLICA TION OF PLEASANT RIDGE AUTO PARTS, INC FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-l AND AG-2 TO CONDITIONAL B-2 Ordinance upon Application of Pleasant Ridge Auto Parts, Inc. for a Change of Zoning District Classification ;rom AG-1 and AG-2 Agricultural Districts to Conditional B-2 Community Business District on property located at 4164 West Neck Road (GPIN 24027079830000 - part oj). The Comprehensive Plan identifies this site as being within the Rural Area. DISTRICT 7 - PRINCESS ANNE AND, ORDINANCE UPON APPLICATION OF PLEASANT RIDGE A UTO PARTS, INC FOR A MODIFICATION OF CONDITIONS FOR A CONDITIONAL USE PERMIT APPROVED BY CITY COUNCIL ON NOVEMBER 24, 1998 (MR. & MRS. PHILIP WA YNE MURDEN, JR.) Ordinance upon Application of Pleasant Ridge Auto Parts, Inc. for a Modification of Conditions for a Conditional Use Permit approved by City Council on November 24, 1998 (Mr. & Mrs. Philip Wayne Murden, Jr.) on property located on the northwest corner of Princess Anne Road and West Neck Road (GPIN 24027079830000 - part oj). DISTRICT 7 - PRINCESS ANNE Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. 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 L. Wood Council Members Voting Nay: None Council Members Absent: Reba S. McClanan June 22, 2004 - 57- Item V-K.4. PLANNING ITEM # 52736 The following registered in SUPPORT: Attorney Edward Bourdon, Phone 499-8971, represented the applicant - HAC Properties, L.L. C. (Herb and Carolyn Culpepper), distributed letters in support, which are hereby made a part of the record. Mr. Bourdon advised the application isfor a small office warehouse (8 units, 240 squarefeet in each) and mini storage facility (58 units, 15,500 square feel), percentage of lot coverage is only 18%. Revised plan was distributed to City Council. The plan was filed with the Planning Department on Friday, June II, 2004. Attorney Bourdon advised the applicant will still continue to work with Staff/or enhancement of the application. Herb Culpepper, Applicant, referenced the rendering and modifications. Tammy Dail, 1585 North Muddy Creek, Phone: 721-2766 Frank Craft, 1536 Princess Anne Road, Phone: 426-2426 Johnnie Stelle, 1572 Nanneys Creek Road, Phone: 426-7239, resident of Pungo since 1972 Ann Henley (speaking for Mabel Brock), 3112 Colechester Road, Phone: 426-6991, read letter of support into the record Al Henley, 3112 Colechester Road, Phone: 426-6991 Thefollowing registered in OPPOSITION: Sheila Kilpatrick, not a resident of Pungo, but has boarded her horse there for approximately ten (10) years Marilyn Danner, 2601 West Landing Road, Phone: 426-7390 Gene Hansen, 2313 Sand fiddler Road, Phone: 721-6736 Deborah Economes, 901 Brasileno Court, Phone: 721-0511 Upon motion by Councilman Reeve, seconded by Council Lady Wilson, City Council ADOPTED Ordinances upon applications of HAC PROPERTIES, L.L.c. for a Conditional Change of Zoning and Conditional Use Permit: ORDINANCE UPON APPLICATION OF HAC PROPERTIES, L.L.C. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 AGRICULTURAL DISTRICT TO CONDITIONAL B-2 Z06041189 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of HAC Properties, L.L. C. for a Chanf!e of Zoninf! District Classification from AG-2 Agricultural District to Conditional B-2 Community Business District on property located at 1771 Princess Anne Road (GPINS 24039195630000; 24039176520000). The Comprehensive Plan identifies this site as being within the Rural Area. DISTRICT 7 - PRINCESS ANNE June 22, 2004 - 58- Item V-K4. PLANNING ITEM # 52736 (Continued) The following condition shall be required: I. Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. AND, ORDINANCE UPON APPLICATION OF HAC PROPERTIES, L.L.C. FOR A CONDITIONAL USE PERMIT FOR A SELF STORAGE FACILITY R060431176 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of HAC Properties, L.L.c. for a Conditional Use Permit for a selfstorage facility on property located at 1771 Princess Anne Road (GPJNS 241139195630000; 240391765200(0). DISTRICT 7 - PRINCESS ANNE The proposed Elevations were officially accepted by City Council June 22, 2004, as the official rendering dated April 11, 2004. Said elevations are hereby made a part of the record. 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 22nd of June, Two Thousand Four Voting: 8-2 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Richard A. Maddox, Jim Reeve, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Mayor Meyera E. Oberndorf and Peter W. Schmidt Council Members Absent: Reba S. McClanan June 22, 2004 ~ w I- Z w U w U ~ w ~ o u o C> z ::> c.. ill Ii ~ ~ ~ ll;l ~l ~ w. II ~~ , II "j! ........... I " I I ~ ~ I Iii 181 z ~ ~ ~~ ~~ J~ .~! n .f~ .~~ ~ ~ ~ :n~ ~; - 59- Item V-L. APPOINTMENTS ITEM # 52737 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: ARTS AND HUMANITIES COMMISSION HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION SOCIAL SERVICES BOARD June 22, 2004 - 60- Item V-L.2. APPOINTMENTS ITEM # 52738 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Jeanne Evans Unexpired term thru 12/31/2005 CHESAPEAKE BAY PRESERVATION AREA BOARD Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, RichardA. 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: Reba S. McClanan June 22, 2004 Item V-L.3. APPOINTMENTS - 61- ITEM # 52739 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Voting: 10-0 Council Members Voting Aye: Donald H. Patterson Alternate 07/01/2004 - 09/30/2004 plus 5 years (10/01/2004 - 09/30/2009) WETLANDS BOARD Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, RichardA. 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: ,. Reba S. McClanan June 22, 2004 - 62- Item V-O. ADJOURNMENT ITEM # 52740 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 8: 13 P.M. a~n.tcA~L Beverly 0. Hooks, CMC Chief Deputy City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia June 22, 2004 - 62- item V-O. ADJOURNMENT ITEM#52740 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:13 P.M. _/ _a_Woa/yam BeverlyHooks, CMC Chief Deputy City Clerk ate/hob:di, Ruth Hodges Smith, MMC Meyera . Oberndorf City Clerk Mayor City of Virginia Beach Virginia June 22, 2004