HomeMy WebLinkAboutJULY 13, 2004 MINUTES
V. FORMAL SESSION
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
INVOCATION:
Reverend Joe Warren
Pastor, Abundant Harvest Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
I. SPECIAL FORMAL CEREMONIAL SESSION
2. INFORMAL AND FORMAL SESSIONS
July 6, 2004
July 6,2004
G. AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
I. ORDINANCESIRESOLUTION
I. Ordinance to REPEAL Sections 9-1 and 9-2, as part of a comprehensive revision of the City
Code, re the School Board and provisions for appointment of members as those sections have
been superceded by General Assembly action.
2. Ordinance re a Cooperative Agreement between City Council and the Scbool Board re legal
services to the Board by the Office of the City Attorney for FY 2005.
3. Mutual Aid Emergency Medical Services (EMS) with Currituck County, North Carolina:
a. Resolution to AUTHORIZE the City Manager to execute Mutual Aid Agreement.
b. Ordinance to APPROPRIATE $15,000 to EMS re funding the "Mutual Aid"
4. Ordinance to AUTHORIZE the City Manager to enter into an Agreement with the U.S. AnllY
Corps of Engineers, the Commonwealth of Virginia and the Cities of Chesapeake, Portsmouth
and Norfolk re the Elizabetb River Restoration and TRANSFER $31,250 as the City's
matching funds.
5. Ordinance to AUTHORIZE temporary encroachments for SAEID YOUSEFIEH to construct
and maintain rip-rap, the extension of a pier and a boatlift in the City's right-of-way at 300
Indian Avenue in Lake Rudee. (DISTRICT 6 - BEACH)
6. Ordinance to ACCEPT and APPROPRIATE $120,000 from the United States Field Hockev
Association for Phase Two construction of the "Multi-Use Recreational Fields".
7. Ordinance to ACCEPT and APPROPRIATE $9,000 from a Homeland Security Emergency
Management Performance Grant endorsed by the Commonwealth Preparedness Working Group,
to the Fire Department's FY 2004-05 Budget re Department of Defense sponsored Determined
Promise Exercise training event to take place August 5_111h.
J. PLANNING - NO ACTION
I. Application of BRAUN CONSTRUCTION COMPANY, INC. to enlarge a Nonconforming
Use at 21751" Street. (DISTRICT 5 - L YNNHA VEN)
K. PLANNING
I. Application of ROBIN G. and G. DAVID WALTRIP and JOHN WARD for discontinuance,
closure and abandonment of a portion of Sunny Circle at Athens Boulevard. (DISTRICT 4 -
BA YSIDE)
RECOMMENDATION:
APPROV AL
2. Petition of ATHENS BLVD., LLC for a Variance to ~ 4.4(b) that requires all newly created lots
meet all the requirements of the City Zoning Ordinance (CZO) re subdividing fifteen (15) lots at
Beaufort Avenue and Athens Boulevard. (DISTRICT 4 - BA YSlDE)
RECOMMENDATION:
APPROV AL
3. Applications of APC REALTY and EQUIPMENT CO., LLC (dba SPRINT PCS) for
Conditional Use Permits to construct communication towers at: (DISTRICT 7 - PRINCESS
ANNE)
a. 855 Schumann Drive - on an existing pole at Ocean Lakes High School
b. 796 Newman Street -on an existing VEPCO transmission pole
RECOMMENDA nON:
APPROV AL
4. Application of BEACH FELLOWSHIP for a Conditional Use Permit re a Church extension
(portable classroom) at 1817 General Booth Boulevard. (DISTRICT 7 - PRINCESS ANNE)
RECOMMENDA nON:
APPROV AL
5. Application ofTUEE KNOW HIM FULL GOSPEL MINISTRIES CHILD CARE CENTER
for a Conditional Use Permit re a Child Care Center in conjunction with a church at 544-138
Newtown Road. (DISTRICT 2 - KEMPSVILLE)
RECOMMENDA nON:
APPROV AL
6. Application of CHRISTI AN CHAPEL ASSEMBLY OF GOD for a Conditional Use Permirre
a church expansion at 2751 Salem Road. (Deferred indefinitely on April 13, 2004) (DISTRICT
7 - PRINCESS ANNE)
RECOMMEND A nON:
APPROV AL
7. Application of GENE FEUERHAHN for MODIFICATION of a Conditional Use Permit
(approved October 26,1987, as Ontario Development, Inc.) re automobile repair at 5225 Indian
River Road. (DISTRICT I - CENTERVILLE)
RECOMMENDA TION:
APPROV AL
8. Application of HERITAGE INVESTMENTS, LLC for a Chanf!e of Zonillf! from B-2
Community Business and R-IO Residential District to Conditional I-I Light Industrial
District for an industrial laundry at 596 South Birdneck Road. (DISTRICT 6 - BEACH)
RECOMMENDATION:
APPROV AL
9. Applications of PLEASANT RIDGE AUTO PARTS, INC. re retail sales establishment
specializing in auto parts and undefined future expansion. (Deferred June 22, 2004) (DISTRICT
7 -' PRINCESS ANNE)
a. Chanf!e of Zoninf! District Classification from AG-I and AG-2 Agricultural Districts to
Conditional B-2 Community Business District at 4164 West Neck Road.
b. MODIFICA nON of Conditions re a Conditional Use Permit, (approved by City Council on
November 24, 1998, in behalf of Mr. and Mrs. Philip Wayne Murden, Jr.) to remove the
three-acre area requested for rezoning from the area encumbered by the 1998 Conditional
Use Permit.
RECOMMENDATION:
APPROVAL
L. APPOINTMENTS
DEVELOPMENT AUTHORITY
PARKS AND RECREATION COMMISSION
PUBLIC LIBRARY BOARD
REVIEW AND ALLOCATION COMMITTEE (COG)
SOCIAL SERVICES BOARD
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
** .. .. .. .. * * * *
If you arc physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TOO only 427-4305
(TOO - Telephonic Device for the Deaf)
***********
Agenda 07/] 3/04st
wwwvbgovcom
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
July 13, 2004
Mayor Meyera E. Oberndorf called to order the City Manager's Bri~ting re the JOINT LAND USE
STUDY (JLUS) in the Council Conference Room, City Hall, all Tuesday, Ju~v 13, 2004, at 2:30 P.M.
Council Members Present:
Harry E. Diezel, Robert M. prer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndol:j; Jim
Reeve, Peter IV. Schmidt, Rosemm)' Wilson and James L. Wood
Council Members Absenl:
Ron A. Villanueva
{Entered: 2.45 P.M.{
- 2 -
C I T Y MANA G E R 'S B R IE FIN G
JOINT LAND USE STUDY (JLUS)
2:30 P.M.
ITEM # 52796
The City Manager advised the Joint Land Use Study (JLUS) Grant has been approved hy the Office of
Economic Adjustment (OEA).
Robert 1. ScolI, Direclor of Planning, distrihuted a Summary Of Events with Allachmenls A and B relalive
the JLUS. Said information is hereby made a pari of Ihe record.
EDAW of Alexandria, Virgillia, has been selecled as Ihe consultanl
firm 10 perform the JLUS Sludy. The Plallning Dislrict Commission
has executed a coll/ract with EDA W.
A scope of work has been established for the Study (AI/achment A),
which is hereby made a part of the record. An eleven-point action
paper (AI/achment B) was thoroughly discussed with EDA Wand will
be acted 011 as pari of the project. The cosl of the Studv is $207,345.00.
The Federal Government wi/lfund approximalely 75% ofthefimding
and the three cities (Chesapeake, NO/folk and Virginia Beach) will pay
their proportionate share o(the remainder.
In accordance with the guidelines for the JLUS Sludy, Virginia Beach
City Council has appoimed these members 10 a Regional Policy
Committee 10 guide the Stz,,~l': Council Members Maddox and Reeve,
Liaisons 10 the AICUZ Task Force, and the City Manager. NO/folk is
represented by Council Members Barclay Willi' and Donald Williams,
and Assislant City Mallager Jeff Muzzy. Chesapeake is represented by
Mayor Dalloll Edge, Coullcil Member S. Z. (Debhie) Riller and Depuly
City Manager Ann Odell. The Nav)' has corresponding memhership.
A timeline importantly establishes Ju~l' I, 2004. as the "slarl date ",
OClober 31,2004, as Ihe "dale of completionfor the draji report" alld
December 31, 2004, as the "dale of complelionfor thefinal report ",
subjectlo Ci(v Council aclion.
In accordance with the elevell (II) point paper discussed earlier.
Continental Research Associates of Norfolk was retained 10 perform
an AI/itude Survey of our citizens as Ihey relale 10 the issue of jet
noise. Work is nearlv complete alld upon complelioll, the results will
be shared.
In furlher accordance, Thomas Poinl Associates of Annapolis,
Maryland, has been employed 10 perform, al a cosl oI approximalely
$20,000 plus expenses, an analysis 10 determine Ihe le.'el oI market
demand for various land uses deemed acceptable b)' the OPNA V
instruction malrix. Resu/ls of thai efforl are expected by the elld of
August and will be provided to Cil)l Coullcil and EDA W.
July 13, 2004
- 3-
C I T Y MAN AGE R 'S B R I E FIN G
JOINT LAND USE STUDY (JLUS)
ITEM # 52796 (Continued)
A substantial portion oftheJLUS undertakillg will be hased 011 citicell
involvement. The timelille calls for three public involvemelll sessiolls:
Mid August, early October and late October (at the regional level).
Each individual city will have the opportunity to involve the public at
the citywide IeI'd, as appropriate.
City Council has heell consistelltly following the interim guidelines
for dealillg with rezonings and conditional use permits. Accordillgly
City Council has deferred a number of applications pending
completion oftheJLUS Study. VACAR hasfiled suit against the City
as a result, which the City Attorney's office is handling.
A meeting has been establishedfor Monday, July 19, 2004, 9:00 A.M. to be held ill Conference Room 234
located in the City Hall Building #/,2" Floor, The purpose of this meeting will he to review the items
previously outlined and discuss future involvement.
Continental Research, at a cost of $8,400, had been retailled to measure ydlether jet noise is a substantial
issaefor residellts ill the three (3) Air Installations Compatible Use Zones (AICUZ) (65 to 70 dB, 70 to
75 dB and 75 +dB). Mr. Scali introduced Nanci Glassman, Presidellt, and her Associate, Jeanllille Perry,
Sellior Project Manager. Ms. Glassman distributed all abbreviation of the survey.
Ms. Glassman advised most of the four hUlldredfour (404) residellts surveyed ill the three (3) AICUZ zones
did IlOt find the jet noise to be bothersome. Approximate(v 90% were satisfied with their overall qualit\, of
life ill Virgillia Beach and nOlle of those who were dissati4ied citedjet noise as the reason. Nearly 95% of
the 404 people surveyed were satisfied with the quality of life in their neighborhood and 93% were happy
with their decisioll to live there. Overall, approximately 80% would make the same choice again today. Of
all 404 surveyed, fewer than 4% would not choose to live in the same neighborhood agaill because of jet
IIoise.
Methodology
Survey of Virginia Beach residents /iving in the loudest AICUZ Iloise contour (65, 70
and 75+).
Commissioned by the City of Virginia Beach and conducted by Continental Research
The questionnaire was joilltly developed by Continelltal Research and the City
The topics flowed from gelleral to specific
A list of the residelltial addresses in the three (3) zones was provided hy the City:
AICUZ Zone
65
70
75+
# of Households
20,956
17,776
20.431
A random sample of addresses was drawll and phone numbers were appended
Quotas were allached by type of dwelling (single.fami(vlcondo/multi-family/manufacturing)
During the telephone illlerview, each address was COil firmed
Calls were made May 17 - June 6from 5: 15 ?M. to 9: 15 P.M. (Sunday - Thursday)
The survey took an average oftwelye (J 2) minutes and was well-received
Four hundred four (404) interviews were completed
The survey is a scientific sample vfresidents in the loudest AICUZ ZOlles
Maximum margin of error is" 4.9%.
Jul\' 13, 2004
- 4-
C I T Y MAN AGE R 'S B R I E FIN G
JOINT LAND USE STUDY (JLUS)
ITEM # 52796 (Continued)
Ms. Glassman advised the first question posed:
How satisfied are you with the overall quality of life in Virginia Beach?
Total
Very Satisfied
Satisfied
Dissatisfied *
Very Dissatisfied *
25.2%
64.4%
7.7%
2.7%
'Askedfollow-up question: "What could make you a more satisfied resident:''' There was nu mentioll o(jet
noise.
How satisfied are you with the overall quality of life in your neighbor/lOod?
Zone 65 Zone 70 Zone 75+ Total
Very Satisfied 41.5% 41.3% 15.9% 36.4%
Satisfied 54.9% 53.7!]0 6(i.~% 58.4%
Dissati.~fied' 3.5% 4./% 7. 2~WJ 5. ()~'-';)
VerI' Dissatisfied' 0.0% 0.0% fJ.7% (J.2~1J
100.0% 1011.0% 100.0.% 100.0.%
Mean 3.38 3.38 3.17 3.31
. Askedfollow-up question: "Why are you dissatisfied with the quali()' o(li(e in your neighborhood. Overall
1.0% ans\~'ered "jet noise",
Overall, are you satisfied with the decision to live in your neighborhood?
Zone 65 Zone 70 Zone 75+ TOlal
Vel}' Satisfied 50.0% 52.8~{' 30.2% 44.1%
Satisfied 45.8% 40.7% 60.4% 49.3%
Dissatisfied' 4.2% 6.5% 7.9%) 6.1%
Ve/}' Dissatisfied' 0..0% 0..0% l.4ryrj 0.5%
100..0% 100.0.% 100.11% 100tl.O%
Mean 3.46 3.46 3.19 3.37
'Asked.follow-up question: "Why are you dissati~fied with the deeisioll 10 live ill your neighborhood.
Overall 1.5% answered "jet noise".
Jul,' 13, 1004
- 5 -
C I T Y MAN AGE R 'S B R I E FIN G
JOINT LAND USE STUDY (JLUS)
ITEM # 52796 (Continued)
The residents in the 75+ decibel area general!v comprise more rellters and peoplelromthe lower illcome
groups.
If you were making the decision again today, would you choose to live in your neighborhood?
Zone 65 Zone 70 ZOlle 75+ Tolal
Yes 84.5% 80.5% 73.4% 795%
No" 15.5% 19.5% 26. 6% 20.5%
100.0% f(iO.O% 100.0% 100.0%
"Askedlallow-up question: "Why wouldn't you chose 10 live in your neighborhood (agaill)? Overall 3.5%
answered )ec noise".
To learn more about the households mosl affected by jet noise, a special allalvsis was conducted. 11 idenlified
,I'ixty-nine (69) households out oIthe 404 surveyed as Ihose "most bothered by)et noise". nle majority oI
Ihese citizens live inlhe 75+ dB zOlle.
Responses of the sixty-nine (69) "Who Were "Most Bothered by Jet Noise"
79.7% oI the 69 people in the "hothered" group were satisfied wilh Ihe overall qualily
oI life in Virginia Beach
85.5% oIlhe 69 people were salisfied wit Ihe qua lily oI life ill their neighborhood
84. l%oIthe 69 people who were "most bothered by jet noise" remained satisjied with
Iheir decision to live in that particular neighborhood
AboUI 20% oIlhe 69, however, would not make the same decision again because oIjet
noise
26.1% oI the 69 people had previously called the NAS Oceana Noise Complainlline
(evet) to report jel noise that was too loud
About 4% oIlhose "most hOlhered" had called prior to the past 12 monlhs, bul had not
called more recently
The Cily Manager advised the Navy had received a copy oI this survey.
Mr. Scalf advised information relative Regional Policy Meelings shall be provided to City Council.
July 13, 2004
- 6-
C I T Y MAN AGE R 'S B R I E FIN G
HISTORIC HOUSE GOVERNANCE POLICY
3:40 P.M.
ITEM # 52797
Lynn Clements, Director - Museums and Cultural Arts, advised substantial progress is being made during
the first year of City's ownership of the Adam Thoroughgood House. Completion of the Adam
Thoroughgood House acquisition, in September 2003, established a second historic house museum mmed
by Virginia Beach and operated by the Museums Department.
M,. Clements advised accomplishments: an in-depth study of the building, its structural and architectural
features (documented in an historic stn/ctures report) and a Conservation Assessment Federal Grall! in the
amount of$7, 890, from the Institute ofMuselllns and Library Services has been awarded. The Building and
Maintenance section has made extensive repairs to the Visitors Service Reception Building. In FY 2004, the
combined earned revenue from admissions and the Museum store reached its highest tOfal since being
operated by the City. Many new initiath'es are planned: architectural assessmel1l of the Adam
Thoroughgood House and sile; improvements 10 the building systems, expansian of educalional programs
and restoration of the garden. Ms. Clements advised determining future governanee of such a structure is
a serious consideration. Leadership must he examined with the following elements in miml: the House's
historical significance, its preselllneeds, its jilture program potential and its relation to other cultural
resources and the City's aims. The realities and needs of the Virginia Beach community and its jinancial
resources must he weighed as well.
Mark Reed, Historic Resources Co-Ordinator, advised the Francis Land House was purchased by the City
in 1975 and opened to the publicfor tours and educational programs in May 1986. The Virginia Beach City
COllncil established the Francis Land house Board of Govemors in August 1984 (City Code Section 2-5)
as an adviso/:l' bod)' regarding planning, poliq and managemelll of the Francis Land House. The Board
was redefined hy ordinance in August 1988 and the City Code regarding the Board was amended in
Decemher 1993. Cit)' Council appoints eleven (II) citi=ens to the Baard and those Board members may
appoint up to twenty-two (22) additianal memhers. When the Department of Musel/ms and ClIltural Arts
increased its responsibilities to include the Adam Thoroughgood House operation, the Francis Land House
extended its advisory role to also include the Thorol/ghgood House. With the acquisition of this National
Historic Landmark completed in September 2003, a formal arrangement for govemance of the Adam
TllOroughgood House is needed. The basic issue is whether to establish a single advisory hoardfor both
sites, or a separate advisory boardfor each hOllse. A PlIhlic Meeting was held im the City Manager's
Conference Room AlIgllst 22, 2003. Participants at this meeting were asked two (2) hasic questions hased
upon the anticipated acquisition of the Thoroughgood House:
What do you think are the three (3) most importalll issues for the City to address with
the Adam Thoroughgood House during the first year of ownership?
What do you think are the three (3) most importal1l issues for the City to address with
the Adam Thoroughgood House during thefirstfive (5) to ten (10) years of ownership?
These questions were also posted on the City wed site: wwwvbfwv.comjor a number of weeks to solicit
additional comment. Settlement of the govemancequestion was identified as an important issuejor thefirst
year.
JI/ly 13, 2004
- 7-
C I T Y MAN AGE R 'S B R I E FIN G
HISTORIC HOUSE GOVERNANCE POLlCY
ITEM # 52797 (Continued)
To assist in the decision, the City selected Stumpf and Associates, Inc. through an open requestfor proposal
process. The firm is Virginia based and has extensive experience in historical and cultural institutiollS. in
public and private collaborations. in governance and leadership andfimd development.
Stumpf and Associates submitted a written report on their research, which is hereby made a part of the
record. A small Steering Committee, consisting of Dr. Ed Brown and John Stewart (of Libraries) provided
oversight of the process.
Alternative One
Establish One Board
Create a single Advisory Board for both sites
Cooperative approach, not competitive
Coincides with departmental methodology of coordination of
operations, programs and promotion
Consistent policies and integrated planning
Alternative Two
Establish Separate Boards
Retain Francis Land House Board
Create Adam Thoroughgood House Board
Singular.focusfor each Board
Competition for staff time and other public and private resources
could occur
Make departmental coordination of the sites more difficult
Additional staff necessary to provide support
Alternative Three
Establish One Board for City Sites
Create a single AdvisOl)' Boardfor all City-owned historic sites
City owns five sites current~v open to public
Would establish a more coordinated and cooperative approach
for historic houses/museums
Existing Boards may support if their sites receil'Cd additional
fill/ding
Jull' 13, 2004
- 8-
C I T Y MAN AGE R 'S B R IE FIN G
HISTORIC HOUSE GOVERNANCE POLICY
ITEM # 52797 (Continued)
Alternative Four
Establish a Commission for all Historic Houses/Museums
Create a Commission to advocate for issues in support of public
and private historic sites
Each site retain its governing structure and have some
representation on Commission
Group would promote history and the City's historic components
Recommendation
Crealion of a single Advisory Board of Governors for Ihe Adam
Thoroughgood and Francis Land Houses
Name would be Historic Houses Board ofGovemors
Implementation
Cily Attorney and Museums staff develop amended Cily Code Section
2-5 and present to Ci~v Council by September 2004
Establish a transilion leam of Cily staf]; Francis Land House Board
representatives and others to plall for orgallizational change and
provide recommelldations to City Council
Appoinlment by City Council ofelevell (II) Board members for lerms
begillning all or aboul Jalluary 1. 2005.
Additional Recommendation
Deparlmenl of Museums and Cullural Arts con velie a facilitated
workshop in Sprillg 200510 examine pOlelllialstor a Virgillia Beach
His/ory Commission
Participanls would be staff and Board Members .from public and
private historic houses and museum operations
A Public Comment Session shall be scheduled in all illformal roulldtable settillg ill one of the High Schools
relalive Ihis Historic House Governance Policy. The indi,'idual historicfacilities (i.e. Francis Lalld House.
Adam 77zoroughgoodHouse, Cape Hellry, Coast Guard Museum, Cape Henry, FelTv Planlatioll, Lighthouse,
elc.) could parlicipale. This Session eould be scheduled for lale August. The Cily MallaRer shall develop
a process paper and advise Cily Council.
July 13, 2004
- 9-
AGE N DA REV IE W S E S S ION
4:08 P,M,
ITEM # 52798
1.3. Mutllal Aid Emergency Medical Sen'iccs (EMS) with
Currilllck County, North Carolina:
a. Resolution to AUTHORIZE the City Manager to
execute Mlltual Aid Agreement.
b. Ordinance to APPROPRIATE $15.000 to EMS re
fimding the "Mlltual Aid"
Councilman Wood inquired relative status reports conceming Emergency Response System (ERS) staffing.
Charlie Meyer, Chief Operating Officer, advised written information has been provided. FinaloJTers will
be made tomorrow, July 14, 2004, re the hiring of" all the twenty-eight I 28) Emergenc~' Medical Sen'ice
IEMS) Paromedics. The statlls of the defibrillators, certification of the Fire Deparlment personnel can be
provided. The goal has been estahlished/or approximately all the components to he in e[tixl hy Septemher
First.
Councilman Diezel advised Currituck has two (2) "round the clock" Paramedics serving Knotts Island and
inquired the extent of this zone. Chief Bruce Edwards, Emergency Medical Services, advised, the main
purpose (if" the Agreement is to cover the "north end" of Knotts Island: however, the Paramedics could he
requested anywhere in the sOllthern Creeds area.
COllncil Ladv Wilson inquired relative the Global Positioll Satellite (GPS) systems Chief Edwards advised
EMS is in the process of acquiring some handheld GPS systems on a trial basis.
ITEM # 52799
1.6. Ordinance to A CCEPTand APPROPRIA TE $120,000
from the United States Field Hockev Association for
Phase Two cvnslruction of the "Multi-Use
Recreational Fields".
Mayor Oberndorf advised a Woman's Field Hockey International Competition is scheduled next vear in
Virginia Beach.
ITEM # 52800
BY CONSENSUS, thefvllowing shall compose the CONSENT AGENDA:
ORDINANCES/RESOLUTION
1.1. Ordinance to REPEAL Sections 9-1 and 9-2, as part of
a comprehensive revision of the City Code, re the
School Board and provisions for appointment of
members as those sections hlll'e been superceded by
General Assembly action.
Jul,. 13, 2004
- 10-
AGE N DA REV IE W S E S S ION
ITEM # 52800 (Continued)
1.2. Ordinance re a Cooperative Agreement between City
Council alld Ihe School Board re legal services to Ihe
Board by the (){flce o(lhe City At/orney for FY 2005.
1.3. Mlltual Aid Emergency Medical Services (EMS) with
Currlluck COUllly, Norlh Carolina:
a. Resolution to AUTHORIZE the ClIy Manager to
execute MUlual Aid Agreement.
b. Ordinance to APPROPRIA TE $15,00U to EMS re
funding the "Mutual Aid"
1.4. Ordinance to AUTHORIZE the Cily Manager to e/lter
into an Agreement wilh the u.s. Army Corps oj"
Engineers, the Commonwealth ofVirgil/ia and/he Cilies
of Chesapeake, Por/.mlOlIIh and Norfolk re the Elizabeth
River Restoration and TRANSFER $31,250 as Ihe
City's matchingfunds.
1.5. Ordinance lOA UTHORIZE temporary encroachments
jar SAEID YOUSEFIEH /0 construct and mailllain
rip-rap, Ihe extension of a pier alld a boatlift iI/ the
City '5 righ/-ofwaya/300 Illdian Avenue in Lake Rudee.
(DISTRiCT 6. - BEACH)
I. 6. Ordinance 10 ACCEPT and APPROPRIA TE $12U, 000
from Ihe Uniled Slates Field Hockev Association for
Phase Two conslrllction oflhe "Mlllti-Use Reaelltional
Fields ".
l.7. Ordinance to ACCEPT alld APPROPRIATE $9,000
from a Homeland Security Emergency Mallagemenl
Performance Granl endorsed by the Commonwealth
Preparedness Working Group, to the Fire Departmelll '5
FY 2004-05 Budget re Department ojDej"ense sponsored
Determined Promise Exercise training eve/lt to take
place August 5-1]'''.
July 13, 2004
- II -
AGE N DA REV I E W S E S S ION
ITEM # 52801
PLANNING -NO ACTION
J.I. Application ojBRA UN CONSTRUCTION COMPANY,
INC. 10 enlarge a Nonconforming Use at 217 51 sl
Streel. (DISTRICT 5 - LYNNHA VEN)
Councilman Wood advised speaking wilh concerned cilizens relalive Ihis ilem and advising them thai City
Council would rake "no aclion". During review oflhis requesl, doubl arose regarding whelher Ihe use in
question is indeed non-conforming. Councilman Wood requesled Ihis applicalion be announced and
recorded as "no action" during Ihe City Council Session to advise anv cilizens in allendance relalil'e this
item.
ITEM # 52802
K.2. Petition of ATHENS BLVD., LLCfor a Variance to .~.
4.4(b) thai requires all newly crealed lots meel alllhe
requiremenls of the City Zoning Ordinance (CZO) re
subdividing fifteen (15) 10ls at Beaujorl Avenue and
Alhens Boulevard. (DISTRICT 4 - BA YSIDE)
Vice Mayor Jones wished 10 add a condilion:
2. The new roadwav shown on Ihe submilled olan shall nol be
located anv closer 10 the existinil lols on Ihe northern side or
SUlIIlV Circle than is shown on the olat described in Condilionl.
This item will be discussed during the Formal Session
ITEM # 52803
K.3. Applications of APC REALTY and EQUIPMENT CO.,
LLC (dba SPRINT PCS) for Condiliol/al Use PermilS to
construct communication lowers at: (DISTRICT 7 -
PRINCESS ANNE)
a. 855 Schumann Drive - on aI/ exisling pole at Ocean
Lakes High School
b. 796 Newman Slreet -on an existing VEPCO
transmission pole
Council Lady McClanan will vole NAY on Ilem K.3.b. (796 Newman SlreetO
July 13. 2004
- 12-
AGE N DA REV IE W S E S S ION
ITEM # 52804
K. 6. Application oJCHRISTIAN CHAPEL ASSEMBL Y OF
GOD for a Conditional Use Permit re a church
expansion at 2751 Salem Road. (Deferred indeflnite~v
on April 13, 2004) (DISTRICT? - PRINCESS ANNE)
Councilman Reeve requested City Council EXTEND INDEFINITE DEFERRAL o{this item.
ITEM # 52805
K. 9. Applications oj Pleasant Ridge Auto Parts, IlIc. re
retail sales establishmcnt speciali=ing in auto parts and
undeflnedji,ture expansion. (Deferred June 22,2004)
(DISTRICT 7 - PRINCESS ANNE)
a. Change of Zoning District Classification from AG-I and
AG-2 Agricultural Districts to Conditiollal B-2
Community Business District at 4 I 64 West Neck Road.
b. MODIFICATION o{Conditions re a Conditional Use
Permit, (approved hy City Council 011 November 24,
1998, in hehalJoJMr. and Mrs. Philip Wayne Murden,
Jr.) to remove the three-acre area requested for
rezoning jimn the area encumbered hy the 1998
Conditional U\'e Permit.
Councilman Reeve referenced AI/orney Edward Bourdon requested DEFERRAL until the City Coullcil
Session of August 10,2004.
ITEM # 52806
BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA:
PLANNING
K.I. Application oj ROBIN G. and G. DA VID WALTRIP
and JOHN WARD for discOlllinuance, closure and
abandonment o{ a portion of SUIIIIY Circle at Athens
Boulevard. (DISTRICT 4 - BA YSIDE)
K.3. Applications oj APC REAL TY alld EQUIPMENT CO.,
LLC (dba SPRINT PCS) Jor Conditional Use Permits to
construct communicatioll towers at: (DISTRICT 7 -
PRINCESS ANNE)
a. 855 Schumann Drive - on an existing pole at Ocean
Lakes High School
b. 796 Newman Street -on an existing VEPCO
transmission pole
July 13, 2004
- 13 -
AGE N DA REV IE W S E S S ION
ITEM # 52806 (Continued)
K.4. BEACH FELLOWSHIP for a Conditional Use
Permit re a Clzurch extension (portable classroom)
at 1817 General Booth Boulevard. (DISTRICT 7-
PRINCESS ANNE)
K.5. Application of TUEE KNOW HIM FULL GOSPEL
MINISTRIES CHILD CARE CENTER for a
Conditional Use Permit re a Child Care Center in
conjunction with a church at 544-138 Newtown Road.
(DISTRICT 2 - KEMPSVILLE)
K. 6. Application of CHRISTIAN CHAPELASSEMBLY OF
GOD for a Conditional Use Permit re a church
expansion at 2751 Salem Road. (D~fen'ed indefinite~v
on April 13, 2004) (DISTRICT 7 - PRINCESS ANNE)
K. 7. Application of GENE FEUERHAHN for
MODIFICATION of a Conditional Use Permit
(approved October 26. 1987, as Ontario Development,
Inc.) re automobile repair at 5225 Indian River Road.
(DISTRICT I CENTERVILLE)
K.8. Application of HERITAGE INVESTMENTS. LLCfor
a Chanf!e ofZoninf!from B-2 Community Business
and R-IO Residential District to Conditional I-I Light
l1.dustrial District for an industrial laundry at 596
South Birdneck Road. (DISTRICT 6 - BEACH)
K. 9. Applications of Pleasant Ridge Auto Parts, Inc. re
retail sales estahlishment specializing in auto parts and
undefinedfilture expansion. (Deferred June 22, 2004)
(D~TRICT7-PRINCESSANN8
a. Change of Zoning District Classification .from AG-I
and AG-2 Agricultural Districts to Conditional B-2
Community Business District at 4164 West Neck Road.
b. MODIFICATION of Conditions re a Conditional Use
Permit, (approved by City COl/llcil all November 24,
1998, in behalf of Mr. and Mrs. Philip WaYlle Murden,
Jr.) to remove the three-acre area requested for
rezonillg ji'om the area encumbered by the 1998
Conditional Use Permit.
Council Lady McClanan will vote NA Y on Item K.3.b. (796 Newman Street)
Item K.6. (Christian Chapel Assembly of God) will have INDEFINITE DEFERRAL extended, BY
CONSENT.
Item K. 9a/b (Pleasant Ridge Auto Parts, Inc" will be DEFERRED until the City Council Session of August
10,2004, BY CONSENT.
July 13, 2004
- 14-
CITl' COUNCIL COMMENTS
4:18 P.M.
ITEM # 51807
Councilman Diezel advised City Council was forcefi,l relative an applicalion for a home for the elder/y
requiring building codes Ihat provide proper fire protection for Ihe residenls oflhis home. State Law has
changed to almosl mirror the Cily Council's suggestion to allow a grealer buill-in fire proteclion for Ihe
elder/v.
ITEM # 51808
Council Lady McClanan referenced yesterday, July 12, 2004, due 10 the storms, Ihe intersection at Ocealla
alld Gelleral Booth Boulevards was severely,flooded. This is a new road. The drainage problem should have
been addressed in the rebuilding of the interseClion.
Councilman Reeve advised Sandbridge experienced some of the worsl weather. A house fire, wilhout
injuries. occurred. Sandbridge Road didflood yesterday and today, July 13, 2004, sections are stillflooded.
One lane was still covered in water at the McClanan curve seclion. As a result of the flooding, one o{thefire
tmcks answering the call had to stop and could 1101 go on. Hopefully some oflhese issues will be addressed
with the sa(ely improvement project, under approximately 55% design review and should go into
constrllclion by the end oflhis year or Ihe beginning ,,{next.
Councilman Diezel advised during Ihe 1980's, a thunderslOrm stalled right over Ihe Ocealla Air Base.
dropping ten (10'~ inches oJrain, completelv "strangling" Ihis area.
Charles Meyer, Chief Operating Officer, advised rain gauge stalions are localed al each oflhe Cily 's sewer
pump slations (Hubbell Drive, Nimmo Parkway and Wellsford Drive). The largest amount of rain in a 2
'I,-hour period was approximalely 4- ~I, inches. For Ihe City's new intersections, the City designs to the level
oj a I a-year slorm (2-3/4" in a two-hour period). OJ COllrse, Sandhridge Road was built many years prior
to these design standards. A lOa-year storm is 4.1 inches. Yesterday, Ihis occllrred in at least one location.
The other two locations involved 3-!I," and slighlly less Ihan 3" in Nimmo Parlm'ay. III all cases, the storm
exceeded a 10-year desigll alld ill one case exceeded the 100-year storm.
ITEM # 51809
Council Lady McC/anan requested a lisl of all the public meetings scheduled during Ihe lasl o( July and
August.
ITEM # 518/0
Councilman Schmidt advised louring the 31" Hotel wilh Marisa Taylor, Reporler wilh The Virginian-Pilol,
on Salurday, Ju(y 24,2004. Councilman Schmidt advised Ihe views are slunning (one can see alllhe way to
Ihe Eastern Shore and Newporl News) and {'Oil/mended the relalionship o( the Holel 10 the olher HOlels.
Councilman Schmidl hoped all memhers of City Council would IOlIr.
July 13, 2004
- 15-
CITY COUNCIL COMMENTS
ITEM # 52811
Mayor Obernd01f referenced pleas from residents at Croutan living adjacent 10 Ihe conslruction of the
parking loIs, bathrooms, shower and changingfacilily. Theil' qualitv o{ life has deteriomled on Vanderbill
Avenue because of the number of cars lining up 10 enler the Parking LOI prior 106:00 A.M.. All ambulance
could not reach these residents and some of the residellls have young childrell. These residellls have
requesled some resolution of Ihis siluation.
The City Manager advised the City has nol received permission from Camp Pendleton or Ihe Slale re an
entrance to Pendleton from Birdneck Road, although this is Ihe long IeI'm goal. The Cily lOUIlCil has
authorized the expenditure 10 expand Ihe Parking Lalla provide beller{acililies and build permanenl qualily
restrooms farlher away from the residential area than Ihe presellllocation o{lhe port-a-pollies. The Cily
Manager shall provide a briefing paper and review any iIIicil sales occurring in Ihe Parking LOI.
Charles Meyer, Chief Operating Officer, advised Ihere was a problem concerning Ihe gates to Ihe Parking
Lol being opened 01 6:00 A.M. Thus, the cars were lined up. Mr. Meyer believes Ihis problem has beell
alleviated hy a change in personnel.
ITEM # 52812
Councilman Villanueva inviled all Cily Council memhers to Ihe Filipino American Festival, Jllly 31 -
August I, 2004, 24" Street, hosted by the Beach Events at the Oceanfront. There will be delicious {ood,
entertainment and cultural activities.
Jul" 13, 2004
- 16-
ITEM # 51813
Mayor 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 fallowing purpose:
PERSONNEL MATTERS: Discussion, consideration or interviews of
prospective candidates for employment, assignment, appoimment,
promotion, performance, demotion, salaries, disciplining or resignation o(
specific public officers, appointees or employees pursuant to See/ion 2.2-
3711 (A) (I).
Appointments: To Wit: Appointments: Boards and Commissions:
Developmem Authority
Health Sen'ice,I' Advisill)' Board
Parks and Recreation Commission
Public Libraty Board
Review and Allocation Committee (COG)
Social Services Board
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
condition, acquisition, or use of real property for public I'll/pose, the
disposition of publicly-held property, plans for thefulllre of an institution
which could affect the value of properry OWl/cd or desirable(or ownership
by such ins/itlllion pursualll to Section 2.2-371I(A){3).
I (fh Street
LEGAL MA TTERS: Consultation with legal coume! or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal mailers requiring the provision of legal
advice by counsel pursuant to Section 2,2-3711 (A)(7).
31" Street Project
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council voted to proceed into
CLOSED SESSION (4:40 P.M.).
July 13, 2004
- 17-
ITEM # 52813 (Continued)
Voting: 10-0
Council Members Voting Aye:
Harry E. Diezel. Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Obemdorf Jim Reeve, Peter W. Schmidt,
Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Richard A. Maddox
(Closed Session: 4:40 P.M. - 5:49 P.M.)
(Dinner: 5:49 P.M. - 6: 10 P.M.)
Council Lady Wilson was absent during the discussion of 3l" Street. Council Lady Wilson DISCLOSED
her husband is a principal in the accounting firm, Goodman and Company, and earns compensatioll which
exceeds $10,000.00 annually. Goodman and Company has provided accoullting and tax sen.'ices related to
31" Street and the Beach Quarters Inn. The City Attorney has advised that she is required to disclose allY
personal interest as it meets the criteria of a personal illlerest ill the transaction under the COII/lict of
Interests Act and is disqualified Fom participating ill this transactioll.
July 13. 2004
- 18-
FORMAL SESSION
VTRGINIA BEACH CITY COUNCIL
July 13. 2004
6:10P.M.
Mayor Meyera E. Oberndo(f called to order the FORMAL SESSTON of the VTRGTNTA BEACH CTTY
COUNCTL ill the Coullcil Chamber, City Hall Buildillg, on Tuesday, July 13. 2004, at6: 10 P.M.
Council Members Presenl:
Harry E. Diezel, Raben M. Dyer, Vice Mayor Louis R. JOlles. Reba S.
McClanan, Mayor Meyera E. Obemdorf, Jim Reeve, Peler W.
Schmidt, Ron A. Villanueva, Rosemal)' Wilson and James L. Wood
Council Members Absent:
Richard A. Maddox
INVOCATION: Reverelld Joe Warrell
Pastor - Abundant Harvesl Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Coullcil Lady Rosemary Wilsoll DISCLOSED her husballd is a prillcipal ill the accounting!irln of Goodman
alld Company alld is directlv alld indirectly ill valved ill many of Goodman alld Company's transactions.
However, due 10 the size of Goodman and Company and Ihe volume of Iram'actions it handles in any given
year, Goodmall and Company has all interest in numerous malters in which her husband is not personally
involved and of which she does not have personal knowledge. In order to ensure her compliance with hath
the lelter and Ihe spiril of the State and Local Govemmelll Conflicl of IllIeresls Act, il is her praclice to
thoroughly review the agenda for each meeling of City Council for Ihe pUlpose o(ident!t.ving any malters
ill which she might have all aclual or potential cOIlf/iCI. If. durillg her re.'iew she idelltifies an)' mailers, she
will prepare alldjile Ihe appropriate disclosure leller fO he recorded in the oJJicial records o{Cizv Council.
Council Lady Wilson regularly makes this disclosure. Coullcil La(~y Wilson's lelter of Jallua/"l' 27. 2004, is
herehy made a part of Ihe record.
Council Lady Rosemary Wilson DISCLOSED she is a real estate agent ajjWaled with Prudential Decker
Realty. Because of the Ilature of Real Eslate Agelll afJWalion, the size of Prudential, alld Ihe volume of
transactions it handles in allY given year, Prudential has an interest in numerous matters in vl-'hich she is not
personally ill valved and of which she does nOI have personal knowledge. III order to ensure her compliallce
with both the leller alld the spirit of Ihe State and Local Govemment Conflict of In/erests Act, it is her
practice to thoroughlv review the agenda for each meeling of City Coullcilfor the pUlpose ofidenli(i,'ing any
mailers in which she might IIIH'e all aclllal or potential cOllflict. If. during her review she idenlilies anI'
mailers, she will prepare alldjile the appropriate disclosure leller to he recorded in Ihe (){ficial r;('()rds ~f
Cily Coullcil. Council Ladl' Wilsoll regularly makes ths disclosure. ('ouncil Ladv Wilson's leller ofJalluary
27, 2004. is herehy made a part of the record.
Ju~1' 13, 2004
- 19-
Item V-E. I.
CERTIFICATION OF
CLOSED SESSION
ITEM # 528/4
Upon motion by Councilman Schmidt, seconded by Councilmall Reew, City Coullcil CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business mal/ers la",ful!}' exempted from Open Meeting
requirements by Virginia law were discussed in Clused Session to
which this certification resolution applies:
AND,
Only such public business mal/ers as were idelltified ill the motion
con veiling the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting:
9-0
Council Members Voting Aye:
Harty E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. ObemdOlf, Jim Reeve, Peter W
Schmidt, Ron A. Villanueva, and James L. Wood
Council Members Voting Nay:
None
Council Members Abstaining:
Rosemary Wilson
Council Members Absent:
Richard A. Maddox
Council Lady Wilson was absent during the discussion of 3l" Street. Council Lady Wilson ABSTAiNED
and DiSCLOSED her husband is a principal in the accOlllltingjirm, Goodman alld CompallY, and earns
compensation which exceeds $10,11011.00 annually. Goodman and Company has prO\'ided accoullt illg and
tax services related to 31" Street and the Beach Quarters IlIn. The City AI/orney has advised that she is
required to disclose any personal ;merest as it meets the criteria ufo perso1lal in/erest in the tra/lsaction
under the Conflict of Interests Act and is disqualifiedfrom participating in this transaction.
Jul}' 13, 21104
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the
affirmative vote recorded in ITEM # 52813, page 16, and in accordance with the provisions of The Virginia
Freedom of I nformation Act; and,
WHEREAS: Section 2.2-37//(A) of the Code of Virginia requires a certification by the governing
body that such Closed Session was conducted in confornlity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certi fies
that, to the best of each member'sknowledge, (a) only public business malters lawfully exempted from Open
Meetingrequirements 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.
~~~-
uth Hodges mith, MMC
City Clerk
July 13,2004
- 20-
Item V-F. I.
MINUTES
ITEM # 52815
Upon motion by Council Lady WilSOll, seconded by Councilman Villanllel'a, O~)' COllllcil APPROVED the
Minlltes of the SPECIAL FORMAL CEREMONIAL SESSION of July 6,2004, and INFORMAL and
FORMAL SESSIONS of July 6, 2004.
Voting:
10-0
COllncil Members Voting Aye:
Harry E. Diezel, Robert M. Dver, Vice Mayor LOllis R. Jones, Reba
S. McClanan, Mayor Meyera E. Oberndo((. Jim Reeve, Peter II'
Schmidt, ROil A. Villanlleva, Rosemary Wilson and James L. Wood
COllncil Members Voting Nay:
NOlle
COllncil Members Absent:
Richard A. Maddox
JIIly 13. 201)4
- 2/-
Item V-G./.
ITEM # 528/6
Mayor Meyera E. Oberndorfintroduced thefol/owing Boy Scout in ollel/dance to earn his Comllll/nications
Merit badge. He isfol/owing in the steps of his brother to allain the Eagle Scout. .
Boy Scout Troop 48/
Kyle Nero
Kyle was accompanied by his mother,falher and brother, Ryall.
Jllly /3. 2004
- 22-
Item V-G,2.
ITEM # 52817
Mayor OberndorfPRESENTED a PROCLAMATION DECLARING:
Jul}' /5, 2004
STUMPY LAKE DA Y
Jo Howrell and Milch Vanellell. representillg CilizensforStumpy Lake. ACCEPTED Ihe Proclamalioll. All
citizens in attendance fm" the Proclamation slOod in recugnitioll.
Stumpy Lake is a wealth of natural resources Ihat requires recognilion by Cilizells and Cily leaders to ensure
itsfillure viabilily. The Virginia Beach Ci(v COl/ncil has made opell space a priority as the communily //leels
Ihe challenges oflhe Twenly-Firsl Cen/l/r}'. The City Council has decided 10 oblain alld prolecllhese 1.50U
acres allhe headwaters oflhe City's major watershed, Ihe Nonh Lallllillg. The Citizem are called l/pOIlIO
support the vision for the healthyfl/llIre of the SW//lPy Lake Nil/l/ral Area by juining Ihe City COl/ncilfor an
Open HOl/se at Ihe Stl/mpy Lake gollCourse on Thursday. Jl//I' 15. 2/104, A GollTol/rnament alld BBQ
dillner will he conducted.
Jl/ly 13. 2004
'rnrlumuttntt
'Wliereas: Stumpy L~ is a wea{tli of TUltura{ resources tliat requires recognitiDn 6y
Citizens aruf City feders to ensure its future via6ifity; ana
'Wliereas: 'lne 'Virginia rBeacli City couneir nas maile open space a priority as our
community meets tlie cliaffenges of tlie Twenty-'First Century; ana
'Wliereas: 'llie 'Virginia CJ3eacli City Couneir 6efreves tliat citizens sliouMliave a
<kpenaa6fe suppEy of water; ana
'WIiereas: )Is matviduafs aruf as a community, our weff-6eing ilepentfs on cfean water
ana effectioe st<>nn ma1ltltJement; amI
'Wlierea.r: %e 'Virginia r]Jeacli City Counae lias aeciaBl[ to 06tain ana protect tFiese
1,500 acres at tlie lieaawaters of tlie City's major watersliea, tFie 'NoTt-1i
LandlTra; ana
Wliereas: We are cailing upon eculi citizen to support tlie 11iswn for tlie lieartliy future
of tlie Stumpy Lali,g 'Naturar )Irea 6y joiniTra us for an Open House at tlie
Stumpy Lali,g r;;off Course on JuEy 15, 2004:
'Now, 'llierefore, I, :Meyer a 'E. 06enuforf, :Mayor of tlie City ofHrginia rBeacli, 'Virginia,
ilo Fiere6y Il'rodaim:
Jury 15, 2004
Stumpy Lakp (]Jay
In 'Virginia CJ3eacli, amI I caff upon aff citizens ana Cl1lTe organizations to acquaint
tliemsefves witli tlie importance of tlie Stumpy Lali,g :Natura{)lrea, aruf tlie many ways it
prays a vitar rofe in our quafity of [ml1g.
In 'Witness 'Wliereof, I liaw liereunto set my Fiana al1a caused tlie officiar Sear of the City
of"v'irginia CBeIUFi, Virginia, to 6e aJfi.>:ftiltfiis'l1iirtietFi day ojJul1e, Two'l1iousana'Four.
~.o:;,.9
:Mayor
Item V-H. 1,
ADOPT AGENDA
FOR FORMAL SESSION
BY CONSENSUS, City Council ADOPTED:
l'
-..J-
ITEM # 52818
AGENDA FOR THE FORMAL SESSION
Ju!l' /3. 2004
- 24-
Item I.
ORDINA NCES/RESOL UTION
ITEM # 52819
Upon molion hy Vice Mayor Jones, seconded bv Councilman Reeve, City Council APPROVED in ONE
MOTION OrdinanceslResolu/ion I 2. 34.5,6 and 7 of/he CONSENT AGENDA.
Voting:
10-0 (By Consent)
Council Members Vo/ing Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan. Mayor Meyera E. Oberndo~(, Jim Reeve, Peter W.
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Vo/ing Nay:
None
Council Members Absen/:
Richard A. Maddox
July 13. 2004
- 25-
Item 1.1.
ORDINANCES/RESOLUTION
ITEM # 52820
Upon motion hy Vice Mayor Jones, seconded by Councilman Reel'e. City Council ADOPTED:
Ordinance to REPEAL Sections 9-1 and 9-2, as part at' a
comprehensive revision ot'the City Code. re the School Board and
provisions for appointment of memhers as those sections have been
superceded by General Assemb(v actio//.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones. Reba S.
McClanan, Mayor Meyera E. ObeY/ulorf, Jim Reeve. Peter W.
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Richard A. Maddox
July /3. 2004
1
2
3 AN ORDINANCE TO REPEAL SECTIONS 9-1 AND 9-2 Of
4 THE CITY CODE, PERTAINING TO THE CREATION OF,
5 AND APPOINTMENT OF MEMBERS TO, THE SCHOOL
6 BOARD
7
8
9 Sections Repealed: City Code SS 9-1 and 9-2
10
11
12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
13 BEACH, VIRGINIA:
14
15 That Sections 9-1 and 9-2 of the City Code are hereby
16 repealed, as follows:
17
CHAPTER 9.
EDUcr.TION (Reserved)
18 See. 9 1. GeReel bears,
19
PurOuilnt to section 16.01 of the Chilrter, there io hereby
20 creatcd il school board to conoist of a combincd ffiemberohip aD
21 pro";ided by section 1 €. 02 of thc Charter, to eHercioe il11 thc
22 po~ero ilnd perform all the dutieo AO~ or hcreaftcr prescribcd by
23
the la~o of the state in regard to ochool bOilrd3 of citieo,
See. 9 2.
Puhli.e Reari.n!l' pri.er ~e aJ'pei.nt.ment. e:f seReel bears
member.
24
25
26
27
nt leaot oeyen dilro (7) prior to the appointment of any ochool
28 bOilrd ffiembcr, the ci tr council ohall hold one or more public
29 heilringo to rcceivc the vie~3 of the eitizeno ~ithin the ochool
30 district. The city cleric sRilll caUGe public notice to be gi";en ilt
31 leilot ten days (10) prior to any hcaring by publiciltion in a
32 ne~Gpaper Raying il ,eneral circuliltion Jithin the city.
33
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 13". day of July, 2004,
- Hi-
Ttem T.2,
ORDiNANCES/RESOLUTiON
TTEM # 5282/
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Ordinance re a Cooperative Agreement between City Council and the
School Board re legal services to the Board by the Office of the City
Attorney for FY 2005.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dver, Vice Mayor Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Obemdorf. Jim Reeve, Peter W
Schmidt. Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absenc:
Richard A. Maddox
Jllly /3, 2004
AN ORDINANCE APPROVING A COOPERATIVE
AGREEMENT BETWEEN THE CITY COUNCIL
AND THE VIRGINIA BEACH SCHOOL BOARD
FOR THE PROVISION OF LEGAL SERVICES
TO THE BOARD BY THE OFFICE OF THE
CITY ATTORNEY IN FISCAL YEAR 2005
WHEREAS, the Office of the City Attorney has, for a
number of years, provided legal services to the Virginia Beach
School Board and School Administration pursuant to Cooperative
Agreements;
WHEREAS, the Cooperative Agreement for FY 2004, which
expired on June 30,2004, provides that "[t]his Cooperative
Agreement ... may be revised, as necessary, and renewed each fIscal
year. . .";
WHEREAS, a revised Cooperative Agreement for FY 2005 was
approved by the School Board at its meeting of June 22, 2004; and
WHEREAS, City Council agrees that it is in the best
interests of the City and the School Board for the Office of the
City Attorney to continue to provide legal services to the School
Board pursuant to the revised Cooperative Agreement for FY 2005.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1.
That
the
City
Council
hereby
approves
the
Cooperative Agreement for FY 2005 a copy of which is attached
hereto as "Exhibi t A."
2. That the Mayor is hereby authorized to execute the
Cooperative Agreement on behalf of the City Council.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 13thday of July
, 2004.
APPROVED AS TO LEGAL SUFFICIENCY:
~~A'__ ~G~ ~
i Y Attorn y /
CA-9305
H,\PA\GG\ORDRES\COOPERATIVE AGREEMENT (SCHOOLS) ORD.WPD
R-2 - June 25, 2004
COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL
AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA
BEACH PERTAINING TO LEGAL SERVICES TO BE PROVIDED
TO THE SCHOOL BOARD AND SCHOOL ADMINISTRATION
BY THE OFFICE OF THE CITY ATTORNEY
IN FISCAL YEAR 2005
Factual Backeround:
I. City Charter Authority. Chapter 9 of the Charter of the City of Virginia Beach.
Virginia ("City Charter") provides that the City Attorney shall be the chief legal advisor of the
City Council. the City Manager, and all departments. boards. commissions and agencies of the
City in all matters affecting the interests of the City. and that he shall have such powers and
duties as may be assigned by the Counci I.
2. Appointment of City Attornev. The City Charter also provides that the City
attorney is appointed by the City Council and serves at its pleasure.
3. School Board Authority. The School Board is established by the Virginia
Constitution. the City Charter. and provisions of general law. and is a body corporate vested with
all of the powers and duties of local school boards conferred by law. including the right to
contract and be contracted with. to sue and be sued. and to purchase. take. hold. lease. and
convey school property both real and personal.
4. School Board Authority to Hire Leeal Counsel. The School Board is
authorized by Section 22.1.82 of the Code of Virginia (1950). as amended, to employ counsel to
advise it. and to pay for such advice out of funds appropriated to the School Board.
5. Recoenized Reasons to Share Leeal Services. Both the City Council and the
School Board have recognized that the reasons for sharing services of the City Attorney's Office
include potential savings to taxpayers. expertise of the City Attorney's Office in City and School
Board matters, institutional memory, and the ability of the City Attorney's Office to provide a
wide range of legal services to the Board based on the expertise of the attorneys in numerous
specialized areas of the law.
6. Professional Judl!ment of City Attornev. The Virginia Rules of Professional
Conduct for the Legal Profession require the independent professional judgment of the Office of
the City Attorney on behalf of its clients.
7. Potential Ethical Conflicts. The City Council and the School Board recognize
that the potential for conflicting interests between the COllncil and Board may arise and that. in
such cases, the City Attorney must refrain from representation of interests which may conflict.
8. Identification of Conflicts. The City Council and the School Board also
recognize that they must work together and with the City Attorney to identify any real or
perceived potential for conflict at the earliest possible time, advise each other and the City
Attorney of any such conflict as soon as it arises so as not to compromise the interests of the City
Councilor the School Board, and assist the City Attorney in avoiding any violation or
appearance of violation of the Code of Professional Responsibility.
9. Continuation of Services. The City Council and the School Board further
recognize that it remains in the best interest of the taxpayers of the City for the School Board to
continue to use the legal services of the Office of the City Attorney to the extent that no real or
perceived conflict is present, and to the extent the City Attorney is budgeted and staffed to
handle assigned legal business of the Board.
Obiectives:
The objective of this Cooperative Agreement is to define the scope and nature of the
relationship between the City Attorney's Office and the School Board, to provide for the delivery
of designated legal services to the School Board, and to avoid any real or perceived conflict in
the delivery of those services.
2
A!!reement:
NOW, THEREFORE, the City Council and the School Board hereby agree as follows:
I. Le!!al Staffin!!. The Office of the City Attorney will provide the equivalent of
two and one half (2Y,) attorney positions (or 4,125 hours per year) and one (I) secretarial
position during FY 2005 these services to be provided as follows:
A. The City Attorney will dedicate one attorney on-site at the School
Administration Building to the School Board and the School Administration who
will devote all of her time (i.e., 1,650 hours per year) to the provision of legal
services to the School Board and School Administration. For the term of this
Agreement, that attorney will be Kamala Hallgren Lannetti, Associate City
Attorney.
B. The City Attorney will dedicate one Secretary on-site at the School
Administration Building who will devote all of her time to the support of legal
services to the School Board and Administration.
C. The remaining attorney hours will be provided by the other attorneys in
the Office, based upon their various areas of expertise with school-related legal
issues, and shall include representation in real estate matters, representation of the
School Administration in personnel matters, general administrative and
procedural issues, and general litigation. Attorney's assigned to handle School
Board matters may hold regular weekly office hours in the School Administration
Building and wi II remain on-call to handle legal matters throughout the week.
The City Attorney's Office will endeavor to handle as many legal matters in-
house as it is capable of handling subject to the provisions of this Agreement.
D. During the term of this Agreement. and subject to reassignment in the
judgment of the City attorney, the selection of the dedicated attorney shall be
3
mutually agreed upon by the City Attorney and the School Board. Additionally,
if a majority of the members of the Board expresses dissatisfaction with the legal
services provided by the dedicated attorney, or by any other attorney providing
services to the Board, the City Attorney will meet with the Board to discuss and
evaluate its concerns. Furthermore, if the Board and the City Attorney agree that
the most reasonable way to address the Board's concerns is to assign another
attorney or other attorneys to represent the Board, the City Attorney will use his
best efforts to make such an assignment(s) as soon as possible.
2. Communication and Reports. Throughout the term of this Agreement, the
Office of the City Attorney will maintain an open line of communication with the Board and the
Division Superintendent, and will keep them apprised, on a regular basis, of the status of all legal
matters being handled on behalf of the School Board and School Administration; provided,
however, that the Office of the City Attorney shall not communicate with the Division
Superintendent concerning those matters being handled on a confidential basis for the School
Board or for individual Board members in accordance with applicable Board policies and
applicable provisions of the Superintendent's contract. Additionally, the Office of the City
Attorney will provide the Superintendent and the School Board a quarterly report of the legal
services and attorney hours provided pursuant to this Agreement and, upon request of the Board,
the Board Chairman, or the Superintendent, will identify the amount of attorney hours expended
in response to inquiries from individual Board members.
3. Manal!:ement of Lel!:al Affairs. The City Council and the School Board
recognize and understand that the School Board shall be responsible for the management of its
legal matters; that, to the extent contemplated by this Agreement, the City Attorney shall be
designated as the chief legal advisor of the Board and the School Administration, and shall assist
the Board and Administration in the management of the Board's legal matters; and that the City
4
Attorney shall report to the Board concerning those matters he has been assigned by the Board to
manage and/or handle on its behalf.
4. Ethical Conflicts Concerninl!: Representation of Parties. The City Council and
the School Board recognize the potential for real or perceived conflicts in the provision of legal
services by the City Attorney, and agree to be vigilant in advising the City Attorney of such
issues as they arise. Additionally, the City Council and the School Board understand that in such
cases, the City Attorney will refrain from participation on behalf of the School Board but. to the
extent ethically permissible in accordance with the Rules and Procedures of the Virginia State
Bar, will continue representation of the City Council.
5. Ability to Provide Lel!:al Services. The City Council and the School Board
further recognize that the ability of the City Attorney's Office to provide legal services to the
School Board is limited by the attomey hours allocated pursuant to this Agreement, the other
provisions of this Agreement, and ethical constraints as they may arise.
6. Nature of Al!:reement. The parties agree that this Cooperative Agreement is not
a contract to be enforced by either party but is rather an agreement setting forth the
understanding of the parties regarding the parameters within which the Office of the City
Attorney will provide legal services to the School Board and School Administration.
7. Pavment for Services. The City shall forward to the School Board lOT requests
in the amount of $259,775.65 from its FY 2005 Operating Budget to the FY 2005 Operating
Budget of the Office of the City Attorney to fund the annual salaries, benefits, and certain
administrative costs of two and one half (2.5) attorneys and one (I) Legal Office Assistant. lOT
requests of 25% of the total shall he made by the City and funds transferred by the School Board
on or about July first, October first, January first, and April first.
8. Term and Termination of Al!:reement. This Cooperative Agreement shall
commence with the fiscal year of the parties which begins July L 2004. and ends June 30. 2005,
5
and may be revised, as necessary, and renewed each fiscal year thereafter; provided, however,
that each party shall give the other party notice of any intention to revise or not to renew the
Agreement within one hundred twenty (120) days of the date of expiration of this Agreement, or
any renewal hereof, in order that the other party will have the opportunity to make appropriate
budget and staffing adjustments.
SCHOOL BOARD OF CITY OF VIRGINIA BEACH
By:
Daniel D. Edwards, Chairman
CITY COUNCIL. CITY OF VIRGINIA BEACH
By:
Meyera E. Oberndorf, Mayor
School Board of the City of Virginia Beach:
This Cooperative Agreement was approved by majority vote of the School Board of the
City of Virginia Beach, Virginia on .2004.
By:
School Board Clerk
City Council of the City of Virginia Beach:
This Cooperative Agreement was approved by majority vote of the City Council of the
City of Virginia Beach. Virginia on ,2004.
By:
City Clerk
6
- 27-
Item 1.3.
ORDINANCES/RESOLUTION
ITEM # 52822
Upon motion by Vice Mayor Jones, secol/ded by Councilman Reeve, City Council ADOPTED:
Mutual Aid Emergency Medical Services (EMS) with Currituck
County, North Carolilla:
a. Resolutioll 10 A UTHORIZE the City Manager to execUle
Mutual Aid Agreement.
b. Ordinance to APPROPRIATE $/5,000 to EMS refullding
the "Mutual Aid"
Voting:
/0-0 (By Consent)
Coullcil Members Votillg Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reha S.
McClanan, Mayor Meyera E. Oberndor(. Jim Reeve, Peter W
Schmidt, ROil A. Villal/ueva, Rosemary Wilsol/and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Richard A. Maddox
July 13. 2004
1
2
3
4
5
6
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE A MUTUAL AID AGREEMENT FOR
EMERGENCY MEDICAL SERVICES BETWEEN THE
CITY OF VIRGINIA BEACH AND CIJRRITUCK
COUNTY, NORTH CAROLINA
7
WHEREAS, Code of Virginia Section 27-2 authorizes local
8 governments to enter into mutual aid agreements for emergency
9 medical services with adjoining counties outside the Commonwealth;
10
WHEREAS, the City of Virginia Beach and Currituck County,
11 North Carolina maintain equipment and personnel for emergency
12 medical response within their respective jurisdictions, as well as,
13 for the protection of adjacent communities in other jurisdictions;
14
WHEREi,S, the proximity of Virginia Beach Emergency Medical
15 Services makes it the appropriate primary responder to the Gibbs
16 Woods area of Currituck County, and the location of the Currituck
17 County Emergency Medical Services makes it the appropriate primary
18 responder to the Knotts Island area of Virginia Beach;
19 WHEREAS, the City of Virginia Beach and Currituck County are
20 each cognizant of the benefits they will derive from a mutual aid
21 agreement for emergency medical services assistance; and
22
,-
-
23
WHEREAS, the Ci ty of Virginia Beach and Curri tuck County
24 desire to memorialize their relationship and their respective
25 responsibility as they relate to the providing of emergency medical
26 services assistance in a Mutual Aid Agreement (the "Agreement").
27 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
28 VIRGINIA BEACH, VIRGINIA:
29
1.
That the Mutual Aid Agreement for emergency medical
30 services (the "Agreement") is hereby approved.
31 2, That the City Manager is hereby authorized and directed
32 to execute said Agreement on behalf of the City of Virginia Beach
33 in accordance with the Summary of Terms attached hereto.
34 Adopted by the Council of the City of Virginia Beach, Virginia
35
on the
13th day of
Julv
, 2004.
CA-8759
H:\PA\GG\ORDRES\EMSCurrituck.res.wpd
June 29, 2004
R5
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~if;":C
~lLJJ / Jv~I2L~~
E ergency Medlcal Servlces
2
AGREEMENT FOR MUTUAL AID EMERGENCY MEDICAL SERVICES
ASSISTANCEBETWEEN THE CITY OF VIRGINIA BEACH, VA AND
CURRITUCK COUNTY, NC
SUMMARY OF TERMS
PARTIES: City of Virginia Beach (the "City")
Currituck County, NC ("Currituck")
PURPOSE OF AGREEMENT: To augment emergency response availability in the
Gibbs Woods or Knotts Island area of Currituck County/Virginia Beach and the area of
Virginia Beach south of Indian River Road and North Landing Road to Muddy Creek and
Back Bay to the North Carolina border.
TERM OF AGREEMENT:
From date of execution until terminated by either
party with 30 days written notice.
RESPONSIBILITIES OF CURRITUCK:
. Shall be primary responder for emergency medical services ("EMS") for Virginia
Beach area of Knotts Island.
. Shall be secondary responder for EMS for rural area of Virginia Beach south of
Indian River Road from North Landing to Muddy Creek and Back Bay extending
to the North Carolina border.
RESPONSIBILITIES OF THE CITY:
. Shall be primary responder for EMS to the Currituck County area of Gibbs
Woods
. Shall be secondary responder for EMS to Currituck County area of Knotts Island.
SPECIAL TERMS AND CONDITIONS:
Billing:
Currituck shall bill the Cily for service calls by invoice. The Cily
shall invoice Curriluck annually in an amount equal to the lOlal of
all invoices received from Currituck during the year lO achieve a
zero balance.
Insurance:
Each parly shall be responsible for meeting any Insurance
requirements.
Liabilitv:
Each party agrees to hold the olher harmless. Virginia Code ~ 27-
2 expressly stales that the parties mUSl indemnify each other.
H:\PA\GG\ORDRES\SOT Curritllck EMS REVISED.doc
1
2
3
4
5
6
7
AN ORDINANCE TO APPROPRIATE $15,000
TO THE EMERGENCY MEDICAL SERVICES
DEPARTMENT'S fY 2004-05 OPERATING
BUDGET TO FUND A MUTUAL-AID
EMERGENCY MEDICAL SERVICES AGREEMENT
WITH CURRITUCK COUNTY, NORTH
CAROLINA
8
WHEREAS,
due to insurance regulations, the City must enter
9 into a written mutual-aiel emergency meelical services agreement '",ith
10 Currituck County, North Carolina; anel
11
WHEREAS, the proj ected revenues and expendi t u res resul t i ng
12 from this agreement are estimateel at $15,000 each, resulting in no
13 net cost to the City.
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16
17 That $15,000 in estimated revenue from Currituck County is
18 hereby appropriated to the Emergency Medical Services Department's
19 FY 2004-05 Operating Budget to cover the cost of a mutual-aiel
20 emergency medical services agreement with Currituck County, North
21 Carolina, with revenue increased accordingly.
22 Adopted by the Council of the City of Virginia Beach, Virginia
23 on the 13th day of July 2004.
APPROVED AS TO CONTENT
~:~9~.~
APPROVED AS TO LEGAL SUFFICIENCY
\. ~
C.!!! I! i, '" '(--:!. /)rl//~'" /. II":
City Attorney's' cfffice "
CA9317
R-2
H:\PA\GG\ORDRES\EMS Currituck Appropriate ORD.doc
July 1, 2004
- 28-
Item 1.4.
ORDINANCES/RESOLUTION
ITEM # 52823
Upon mOlion by Vice Mayor Jones, seconded by Counci/man Ree\'e. City Council ADOPTED:
Ordinance to AUTHORIZE the City Manager 10 enter in/O an
Agreement with the Us. Army Corps of Engineers, the Commonwealth
of Virginia and the Cities of Chesapeake, Portsmouth lInd Norfolk re
the Elizabeth River Restoration and TRANSFER $31,250 as the
City's matchingjimds.
Voting:
10-0 (By COlISent)
COl/ncil Members Voting Aye:
Harry E. Diezel. Robert M. Dyer. Vice Mayor Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorr. Jim Ree\'e, Peter W.
Schmidt, Ron A. Villanueva. Rosemary Wi/son and James L. Waod
Council Members VOling Nay:
None
Council Members Absent:
Richard A. Maddox
Jlllv 13, 2004
1
2
3
4
5
6
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT PERTAINING TO THE ELIZABETH RIVER
RESTORATION PROJECT AND TRANSFERRING $31,250 FROM THE
GENERAL FUND RESERVE FOR CONTINGENCIES AS THE CITY'S
REQUIRED MATCH FOR THE AGREEMENT
7
WHEREAS, the u.S. Corps of Engineers, the Commonwealth of
8 Virginia, the Cities of Chesapeake, Portsmouth, Norfolk, and
9 Virginia Beach have completed a Feasibility Study in regard to
10 water quality restoration in the Elizabeth River Basin;
11 WHEREAS, the Feasibility Study shows that sediment remediation
12 in Scuffletown Creek, which would involve the removal, treatment
13 and disposal of approximately 66,000 cubic yard of contaminated
14 sediment is a major recommendation and demonstration project;
15
WHEREAS,
this sediment remediation project requires a
16 Preconstruct ion , Engineering and Design Agreement between the
17 parties to fulfill the intent of the Feasibility Study and to
18 identify and design the project for the remediation of the
19 contaminated sediments in the Scuffletown Creek area;
20 WHEREAS, this agreement requires a cash match of $31,250 for
21 the agreement from the City of Virginia Beach as its contribution
22 to undertake the preconstruction, Engineering and Design Agreement,
23 which is available in the Fiscal Year 2004-2005 General Fund
24 Reserve for Contingencies; and
25 WHEREAS, the work to be provided through these resources will
26 significantly enhance the ability to restore, enhance and conserve
27 valuable resource amenities within the City and the Elizabeth River
28 Basin and provide a unique opportunity to augment both passive
29 recreational opportunities and environmental education.
30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
31 OF VIRGINIA BEACH, VIRGINIA:
32 That the City Manager is hereby authorized and directed to
33 execute an agreement between the Department of the Army, the
34 Commonwealth of virginia, and the Cities of Chesapeake, Norfolk and
35 Portsmouth for a Preconstruct ion, Engineering and Design Agreement,
36 Elizabeth River Restoration Project: Sediment Remediation Component
37 at Scuffletown Creek.
38 BE IT FURTHER ORDAINED:
39 That $31,250 from the General Fund Reserve for Contingencies
40 is hereby transferred to the Department of Planning and Community
41 Development's FY 2004-2005 Operating Budget to provide the City's
42 required cash match for the agreement.
43 Adopted by the City Council of the City of Virginia Beach,
44
Virginia, on this 13th day of
July
, 2004.
CA-9318
OID/orders/proposed/ped
R4
July 2, 2004
APPROVED AS TO CONTENTS:
~tment~
APPROVED AS TO CONTENTS:
r - -'J ~,."
2:JW'11JQI~ I
Management Services
APPROVED AS TO LEGAL
CUC1);)li /Jf.1/!~
City Attorney's Office
PRECONSTRUCTION, ENGINEERING AND DESIGN AGREEMENT-
ELIZABETH RIVER RESTORATION PROJECT: SEDIMENT REMEDIATION
COMPONENT AT SCUFFLETOWN CREEK
SUMMARY OF TERMS
FEDERAL
SPONSOR:
Participating in the agreement as the Federal
Sponsor is the Federal Government represented by
the Department of the ArnlY, Norfolk District,
Corps of Engineers.
NON-FEDERAL
SPONSORS:
Participating in the agreement as the Non-
Federal Sponsors are the Commonwealth of
Virginia represented by the Department of
Environmental Quality, and the Cities of
Chesapeake, Portsmouth, Norfolk and Virginia
Beach.
PROJECT:
The design and engineering for the
environmental restoration of the Elizabeth River
Basin consisting 0 f sediment restoration or clean up
at Scuftletown Creek, a tributary to the Southern
Branch of the Elizabeth River, located in the City of
Chesapeake.
FEDERAL SPONSOR
RESPONSIBILITIES:
The Federal government, U.S. Army Corps
of Engineers, is responsible for 75 percent of the
cost of the project. The total cost is estimated at
$1,000,000. They are also responsible for the design
of the project.
NON-FEDERAL
SPONSORS
REPONSIBILlTIES:
The Non-Federal sponsors are responsible
for the other 25 percent of the cost of designing the
project. Of this amount the Commonwealth is
responsible for 50 percent and the Cities are
responsible for the remaining 50 percent. The City
ofYirginia Beach's total contribution is $31,250.
TERMINATION:
The agreement shall be terminated if the
Non-Federal Sponsors fail to fulfill their monetary
responsibilities. It may also be terminated if the
Federal Sponsor fails to receive sufficient annual
appropriations Lo continue.
- 29-
Item 1.5.
ORDINANCES/RESOLUTION
ITEM # 52824
Upon motion by Vice Mayor Jones, seconded hy Councilman Reeve. City Council ADOPTED:
Ordinance to A UTHORIZE temporary encroachments for SAEID
YOUSEFIEH to construct and main/ain rip-rap. /he extension of a
pier and a boatliji in the Cit)' 's right-of way a/ 300 Indian A venue in
Lake Rudel'. (DISTRICT 6 - BEACH)
The following conditions shall be required:
I. The temporary encroachmellT shall he constructed and
lIlain/ained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach and in accordance with
the City's specifica/ions and approval as /0 size, align men/ and
location.
2. The temporary encroachmen/ shall/ermina/e upon notice by the
City to the appliCIJnt and, within thirty (3IJ) days ajier such notice
is given, the /emporm}' encroachment/mIst he removedfrom /he
encroachmellT area by /he applicant and the applicalll will bear
all costs and expellSes of such removal.
3. The applicalll shall indemnij}' and hold harmless the City, its
agents and employees f/'Om and against all claims, damages.
losses and eXpenSl!5, including reasonable al/orney'sfees ill case
i/ shall be necessm}' /o.file or defend an action arising out of the
location or existence of the temporary encroachment.
4. Nothing herein con/ained shall be construed /0 enlarge the
permission and autllOrizr to permit the maintenance or
construction of any encroachment other than that specified
herein and to the limited extent .\pecified herein. nor to permit
the mai11lenance and construction of any encroachment hy
anyone a/her than the applicant.
5. The applicant agrees to mai11lain the temporalyencroachlllen/ so
as not/a become wlsightll' or a hazard.
6. TIle applicant //lust obtain a permit .from the Office of
Development Services Center/Planning Depar/ment prior to
commencing Gny constructioll.
7. The applican/ agrees. that prior to issuance of a right-of way
permit, /he grantee must pos/ sureties in accordance with /heir
engineer's cost estimate to the office of Developme11l Sen'ices
Center/Planning Deportmelll.
Julv 13, 2004
- 30-
Item 1.5.
ORDINANCES/RESOLUTION
ITEM # 52824 (Continued)
8. The Grantee shall obtain alld 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 Ilamed insured or loss payee, as applicable.
The Grantee must also carry comprehellsive gelleral liability
insurance in all amount not less than Five Hundred Thousand
Dollars ($500,0011). combined single limits of such insurance
policy or policies. The Grantee IIll/st provide endorsements
providing at least chirtv-davs (30) wriuen notice to the Cily prior
to the cancellatioll or termination of or material change 10, any
of the insurance policies. The Granlee a.\SlImes all
responsibililies alld liabilities, vesled orculltingenl, with relation
to the lemporary l!llcroaChme/ll.
9. The City, upon revocatioll of sllch allthority and permissioll so
granted, may remove Ihe temporary ellcroachmel1l alld charge
the cost thereof to the applicanl and collect the cost in allY
manner provided by lawfor the colleclion of local or stale taxes;
may reqllire Ihe applicalll to remove sllch temporar\'
encroachment; and, pending sllch removal, the City may charge
the applicalltfor the IIse o(sllch portion of the City's right-rd:way
encroached UpOIl the equivalelll of what would be the real
properly lax uponlhe land so occllpied ifit were owned by the
applicalll; alld ifsuch removal shall not be made withilllhe time
specified by the Cily, the Cily shall impose a pellaltv inlhe slim
of Olle Hundred Dollars ($100.00) per day for each ami every
day that such temporary encroachment is allowed to continue
thereafter; alld, shall collect sllch compensatioll alld pellallies ill
allY mallller provided by law for the colfeclioll of local or stale
taxes.
Voting:
10-0 (By Consent)
Coullcil Members Votillg Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor LOllis R. JOlles, Reba S.
McClallall, Mayor Meyera E. Obemdorf Jim Reeve, Peter W.
Schmidt, ROil A. Villanueva, Rosemary Wilsoll alld James L. Wood
COllllcil Members Voting Nay:
None
Coullcil Members Abselll:
Richard A. Maddox
JlIly 13. 201}4
Requested by Department of Public Works
.,
3 AN ORDINANCE TO AUTHORIZE A
4 TEMPORARY ENCROACHMENT INTO
5 A PORTION OF CITY PROPERTY AT
6 LAKE RUDEE, BY SAEID YOUSEFIEH,
7 HIS HEIRS, ASSIGNS AND
8 SUCCESSORS IN TITLE
9
\0 WHEREAS, Saeid Yousefieh desires to construct and maintain rip rap and an
11 extension of a pier and boatlift upon and into the City's property located at the rear of
12 300 Indian Avenue in Lake Rudee.
\3 WHEREAS, City Council is authorized pursuant to ~~ 15.2-2009 and 15.2-2107,
14 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon and
15 into the City's property subject to such terms and conditions as Council may prescribe.
16 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
17 VIRGINIA BEACH, VIRGINIA:
18 That pursuant to the authority and to the extent thereof contained in ~~ 15.2-
19 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Saeid Yousefieh, his heirs,
20 assigns and successors in title are authorized to construct and maintain a temporary
21 encroachment for rip rap and an extension of a pier and boatlift in the City's right-of-way
22 as shown on the map entitled: "LOT B, BLOCK 69 GPIN. 2417-81-9866 SHADOW
23 LAWN HEIGHTS", a copy of which is on file in the Department of Public Works and to
24 which reference is made for a more particular description; and
25 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
26 subject to those terms, conditions and criteria contained in the Agreement between the
27 City of Virginia Beach and Saeid Yousefieh (the "Agreement"), which is attached hereto
28 and incorporated by reference; and
29 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
30 is hereby authorized to execute the Agreement; and
31 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
32 time as Saeid Yousefieh and the City Manager or his authorized designee execute the
33 Agreement.
34 Adopted by the Council of the City of Virginia Beach, Virginia, on the
35
13thdayof July
,2004.
36
37
38
39
40
41
42
43
44
45
46
47
48
49
APPROVED AS TO CONTENTS
~un)[s- r, v~il~/~
GNATURE
PUJ Rrr,j fcsPal1
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND ~M
W~b~~
CITY ATTORNEY .----.
CA- q a" (p
PREPARED: 5/26/04
1
I,
',i
II
,:PREPARED BY VIRGINIA BEACH
: . CIl'!' A nORNEY'S OFFICE
I EXEMPTI:D FROM RECORDA 110N TAXES
UNDER SECTIONS 58.1-811(a)(3)
AND 58.1-81 1 (c)(4) REIMBURSEMENT
I AUll-IORlZED UNDER SECTION 25-249
II
II THIS AGREEMENT, made this ~ day of _"'J , 2004, by and
I between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor,
I
"City", and, SAEID YOUSEFIEH, HIS 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 of
land designated and described as "Lot-B Block 69" as shown on "RESUBDIVISION OF LOTS
12,13,14,15 & 16; BLOCK-69 MAP OF SHADOW LAWN HEIGHTS (M.B.7, PG.14)
VIRGINIA BEACH, VIRGINIA SCALE: 1"=25' AUGUST 22, 2001", as recorded in M.B. 302,
at Page 10 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and
being further designated and described as 300 Indian Avenue, Virginia Beach, Virginia 23451;
WHEREAS, it is proposed by the Grantee to construct and maintain rip rap and
an extension ofa pier and boatlift, "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 existing City property known as Lake
Rudee at the rear of300 Indian Avenue "The Encroachment Area"; and
; GPIN: 2417-81-9866-0000
II
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:1
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.
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and maintained in accordance with the laws of the Commonwealth of Virginia and
the City of Virginia Beach, and in accordance with the City's specifications and approval and is
more particularly described as follows, to wit:
A Temporary Encroachment into The
Encroachment Area as shown on that certain plat
entitled: "LOT B, BLOCK 69 GP[N"24l7-81-9866
SHADOW LAWN HEIGHTS", a copy of which is
attached hereto as Exhibit n An 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
I
I Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such
i
I removal.
II I t is further expressly understood and agreed that the Grantee shall indemnify and
II
i: hold harmless the City, its agents and employees, from and against all claims, damages, losses
2
,
'.
I
i
i and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an
,
I action arising out of the location or existence of the Temporary Encroachment.
I
I It is further expressly understood and agreed that nothing herein contained shall
I
be construed to enlarge the permission and authority to permit the maintenance or construction of
any encroachment other than that specified herein and to the limited extent specified herein, nor
to permit the maintenance and construction of any encroachment by anyone other than the
Grantee.
It is further expressly understood and agreed that the Grantee agrees to maintain
the Temporary Encroachment so as not to become unsightly or a hazard,
It is further expressly understood and agreed that the Grantee must obtain a permit
from the Office of Development Services CenterlPlanning 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 a bond or other security, in accordance with their engineer's
cost estimate, to the Office of Development Services Center/Planning Department,
It is further expressly understood and agreed that the Grantee must obtain and
keep in force all-risk property insurance and general liability or such insurance as is deemed
necessary by the City, and all insurance policies must name the City as additional named insured
or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability
insurance in an amount not less than $500,000,00, combined single limits of such insurance
policy or policies. The Grantee will provide endorsements providing at least thirty (30) days
I: written notice to the City prior to the cancellation or termination of. or material change to, any of
"
I
3
II
"
"
II
I,
I'
I'the insurance policies, The Grantee assumes all responsibilities and liabilities. vested or
I contingent, with relation to the Temporary Encroachment.
i,
i'
I such authority and permission so granted, may remove the Temporary Encroachment and charge
i
!
It is further expressly understood and agreed that the City, upon revocation of
the cost thereof to the Grantee, and collect the cost in any manner provided by law for the
collection of local or state taxes; may require the Grantee to remove the Temporary
Encroachment; and pending such removal, the City may charge the Grantee for the use of The
Encroachment Area, the equivalent of what would be the real property tax upon the land so
occupied if it were owned by the Grantee; and if such removal shall not be made within the time
ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One
Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is
allowed to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes,
IN WlTNESS WHEREOF, Saeid Yousefieh, the said Grantee has caused this
Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused
this Agreement to be executed in its name and on its behalf by its City Manager and its seal be
hereunto affixed and attested by its City Clerk.
,
I
,;
"
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I:
(The remainder of this page was intentionally left blank,)
4
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
By
Saei
STATE 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.
I
i
I
I
I
I
,
; 1 My Commission Expires:
Notary Public
,I
.,
5
"
;1
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this --1~ day of
,Iu 1 Y , 2004, by RUTH HODGES SMITH. City Clerk for the CITY OF VIRGINIA
BEACH,
Notary Public
My Commission Expires:
STATE OF i
CITY/C~YOF ':jf\io. ,Bm{'~ ,to-wit:
The foregoing instrument was acknowledged before me this JL day of
~[j
,2004, by Saeid Yousefleh,
\x\~ " ~ ~l5
V~otary Public
My Commission Expires: lli-~~
APPROVED AS TO CONTENTS
0\ \ d.007
APPROVED AS TO LEGAL
SUFFIECIENCY ~FORM
WCL~ Z~
(z;lumfJ (', J(ti{!.9il
,
, SIGNA TlJRE
I PLu lI'rf1/ldrd;
II DEPARTMENT
"
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6
N/F
CITY OF VIRGINIA BEACH
LAKE RUDEE
(M.8.?, PG.14)
(0.8, 4388. PC. 1201-1202)
WOOD PIER W/
BOAT LIFT
(4' EXTENSION)
----
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~ _ _ _ - ',- Ci OF CANAL
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WOOD PIER W/
BOAT LIFT
(PERMIT IV802-055)
RIP-RAP
REVETMENT
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COMMENTS:
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ENCROACHMENT REQUESTED BY) ~ ,II\\'
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SCALE: 1" - 200'
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INDIAN,DGN M.J.5
PREPARED BY P;W E,,"C. CADD DEPT. .\.\ARCH 2004
- 31-
Item 1.6.
ORDINANCESIRESOLUTION
ITEM # 52825
Upon motion bv Vice Mayor Jones. seconded by Councilman Reeve. City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $120,000 from Ihe
United States Field Hockev Association for Phase Two construction of
the "Multi-Use Recreational Fields
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel. Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorj.' Jim Reeve, Peler W
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Richard A. Maddox
Julv 13, 2004
1
2
3
4
5
6
AN ORDINANCE TO APPROPRIATE $120,000
FROM THE UNITED STATES FIELD HOCKEY
ASSOCIATION TO BE APPLIED TOWARD THE
CONSTRUCTION COST OF CAPITAL PROJECT
#4-028, "MULTI-USE RECREATIONAL
FIELDS"
7
WHEREAS, as a resuLt of an amendment to a joint use and cost
8 participation agreement, the City will receive from the United
9 States Field Hockey Association an additional $120,000, which is to
10 be applied toward the phase two construction costs of eIP Project
11 #4-028, "Multi-Use Recreational Fields."
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
13 VIRGINIA BEACH, VIRGINIA:
14 That $120,000 is hereby accepted from the United States Field
15 Hockey Association and appropriated to CIP Project #4-028, "Multi-
16 Use Recreational Fields," for phase tWG construction costs, with
17 revenue in the FY 2004-05 Capital Budget increased accordingly.
18 Adopted by the Council of the City of Virginia Beach, Virginia
19
on the
11th
day of
July
2004.
APPROVED AS TO CONTEN
J:r
APPROVED AS TO LEGAL SUFFICIENCY
/, ,,--~ c--. .. /
({' /1,., .) :jf'""- ~___
City Attorney's,' ffice
Department of Management
Services
CA9314
H:\GG\OrdRes\US Field Hockey ()RD.doc
R-2
July 1, 2C104
..
City at Vh-gir"1ia. Beach
DEPA.RTMENT OF PARKS ....NO RECREATION
(751) 563-1100
FAX (757) 563-1130
TOO (757) 471-5839
MUNICIPAL CENTER
BUILDING 21
2408 COURTHOUSE D~I"E
VIRGINIA BEACH. VA 23<15&9016
September 30,2003
Sheila Walker. Executive Director
United States Field Hockey Association
One Olympic Plaza
Colorado Springs, Colorado 80909
RE: Meeting Notes - September 11 and 12, 2003
Dear Sheila:
It was a pleasure to meet with Sharon Taylor, Laura Walker, and you regarding
our partnership at the United States Field Hockey National Training Facility in
Virginia Beach. Based on our discussions and mutual decisions, I believe we
have entered an exciting new era in our relationship.
I am enclosing a summary of our major discussion points and decisions. Please
review these notes to ensure we have accurately captured the results and let me
know if you have any concerns, questions, or suggested edits. Once we have
agreed upon the documentation, please share the summary with your Executive
Board. Upon their understanding and concurrence with our mutual decisions, we
will proceed to have our City Attorney's Office draft a formal amendment to the
Joint Use and Cost Participation Agreement for adoption by your Board and our
City Manager.
As part of our discussion, we agreed upon a payment schedule for the additional
$120,000 that the USFHA is providing for the construction of Phase Ii of the
facility. To facilitate the receipt of those funds, I am enclosing an invoice for the
first payment, due the end of October. The second payment will be due upon 50
percent completion of the construction; final payment is due upon completion.
- 32-
Item I. 7.
ORDINANCES/RESOLUTION
ITEM # 52826
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, Citv COllncil ADOPTED:
Ordinance to A CCEPT and APPROPRIATE $9,OOOfrom a Homeland
Security Emergency Management Pelformunce Grant endorsed by the
Commonwealth Preparedness Working Grollp. to the Fire
Department's FY 2004-05 Budget re Department of Defenses pan so red
Determined Promise Exercise training evellt to take place AUgllSI 5-
II".
Votillg:
10-0 (By Consent)
COUIlCi! Members Voting Aye:
Harry E. Diezel. Robert M. Dyer. Vice Mayor Louis R. JOlles, Reba S.
McClallall. Mayor Meyera E. Obemdor(. Jim Reeve, Peter W.
Schmidt. Ron A. Villanueva, Rosemary Wilson and James L. Wood
COUIlCi! Members Voting Nay:
NOlle
Council Members Absellt:
Richard A. Maddox
JlIll' 13. 2004
1
2
3
4
5
6
7
8
9
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$9,000 PROM THE HOMELAND SECURITY
EMERGENCY MANAGEMENT PERFORMANCE GRANT
TO THE FIRE DEPARTMENT'S FY 2004-05
OPERATING BUDGET TO COVER TRAINING EVENT
COSTS
WHEREAS, the Department of Defense has scheduled a multi-
10 jurisdictional training event, and authorized a $9,000 Homeland
11 Security Emergency Performance Grant to support the City's
12 panicipation.
13
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
14 OF VIRGINIA BEACH, VIRGINIA:
15
1.
That $9,000 is hereby accepted from the Homeland
16 Security Emergency Performance Grant and appropriated to the
17 Fire Department's FY 2004-05 Operating Budget of to cover
18 training event costs.
19
2.
That revenue from the state is hereby increased by
20 $9,000 in the FY 2004-2005 Operating Budget.
Approved as to Content
Approved as to Legal Sufficiency
~~~~~c~
~_.-
~~
(l1UL eVIL I{ ;)'-f-toV'l" Qr
City Attorney's Office
CA9316
H:\GG\OrdRes\Promise Exercise ORD.doc
R-3
July 1, 2004
Page I of)
Donna Brehm - FW: Exercise Development FUl'1ding - DP04 Exercise
Date:
Subject:
"Sommer. Mr P." <psommer@hampton.gDv>
'Mark Marchbank' <emgmt@vbgDv.cDm>. 'Hui-Shan Walker'
<h walker@fire.city.chesapeake.va.us>
5/18/2004 4:46 PM
FW: Exercise DevelDpment Funding - DP04 Exercisc
From:
To:
-----Original Message-----
From: Hart, Hampton [mailtD:hhart@vdem.state.va.us]
Sent: MDnday, May 03, 2004 12:15 PM
To: Benjamin - Fire JDhnsDn (E-mail);Mastin.RDnald;Best.Sr.. R. Stephen; Weiler, T, K,; Judkins, James T.;
Keys, RDn; Williamson, A, Jack; Cade, GregDry 6.; Sommer, Peter; Kopczynski, Stephen p,; Miller, Richard; Pozzo,
J, L.; White, John T.; Price, Lynda F,
Cc: HDffman, Sam; Gilman, Julian; Adkins, Cheryl J,; Estes, Leigh; Coleman, COL Mike; Douglas C. LTC Gagnon
(VA) (E-mail); McGeorge, Constance (OCP); Camp, Mary; Hart, Hampton
Subject: Exercise Development Funding - DP04 Exercise
Dear Emergency Managers.
Under the provisions of tb.e Homeland Security Emergency Management
Performance Grant, Fiscal Year 2002, tb.e State CDDrdinatDr with the endorsement Df
the CommDnwealth Preparedness W Drking Group has approved the release of funding
to assist your locality in the planning and exercise development activities to SUPPDrt
YDur participation in the Department Df Defense spDnsDred Determined Promise
Exercise (DP04) which wil1take place, 5-11 August 2004. The funding provided will be
$4.500.00 now and an additional $4,500.00 after 1 July 2004.
These funds earmarked are tD be used to develop a comprehensive local
exercise SUPPDrt plan fDr the DP04 Exercise and your participatiDn in the exercise in
August. You are strongly encouraged to contmue to cDoperate with the Dther
participating jurisdictions m the Hampton RDads and Richmond area to provide Dne
cDmprehensive, synchronized exercise plan. Specifically, the plan must include the
following items:
l. Major and detailed event statements with supporting narratives in CDncert with
the DP04 Master ScenariD Events List (MSEL).
2. Messages, scripts, inject and other products to support each event and facilitate
the exercise play.
3. Supporting synchronizatiDn matrix for exercise plan.
Again, the funding used and the exercise products develDped are tD reflect and
be part Df the regiDn's participation in the DP04 Exercise and will SUppDrt the
Commonwealth's stated exercise objectives. The intent is not tD develop independent
exercise plans but to develop a collective product in SUPPDrt of the overall efforts tD
date. The provisiDn Df the funding is for the localities to cDordinate their efforts and
wDrk together in Drder tD suppDrt the exercise objectives Df USNORTHCOM and Joint
Task FDrce Civil SuppDrt. These supporting materials are to be cDmpleted no later than
June 10, 2004, and submitted priDr tD the Determined Promise 2004 Final Planning
Conference.
file:IIC:\Documents%20and%20Settings\dbrehm\LDcal %20Settings\ Temp\GW) 00005 .HTM 6/24/2004
Page 2 ofl
In accordance with the ODP Exercise Grant Funding guidance, the monies may be used
to procure services to support the design and development of exercise materials. pay
overtime expenses, in accordance with the Commonwealth's regulations. travel costs
related to the development process, expended or consumed supplies used, and other
exercise development related costs. Due to this funding being provided through the
2002 ODP Grant, all costs are to be captured and reported in the format provided at the
attachment. The report with supporting receipts is due by 15 September 2004,
attention:
Virginia Department of Emergency Management
Attn: Preparedness, Training & Ex.ercise Division (Mr. Hart)
10501 Trade Court
Richmond, Virginia 23236
The monies will be provided by our Finance Department to your aDP Grants Manager.
Additionally. request that you provide this department with an acknowledgement by 7
May 2004 of your intent to accept these funds via email to Mr. Hampton H. Hart, Jr.,
hhart@vdem.state va.us
Any questions regarding this correspondence may be directed to the following
individuals:
Exercise Related:
Mr. Hampton H. Hart, Jr.
Virginia Department of Emergency Management
hhart@vrlem ~tRtP. V~ Il~
804-897-6500, Ext 6593
Grant Issues
Mr. Julian Gilman
Virginia Department of Emergency Management
JiilmRn (Wvnp.m .o:.tRtf"; VR 11~
804-897-6500, Ext 6595
Ms. Cheryl Adkins
Virginia Department of Emergency Management
jf'ilman@vrlem ~t~df": VR 11~
804-897-6500, Ext 6526
Finance
Ms. Leigh Estes
Virginia Department of Emergency Management
le:~tf':~CWvrlflm ~tRtP. VR 11q.
804-897-6500, Ext6518
Cheers....H3
Hampton H. Hart, Ir.
S tate Exercise Training Officer
Preparedness, Training and Exercises Division
Virginia Department of Emergency Management
1050 I Trade Court
Ii le://C:\Documents%20and%20Settings\dbrehm\Local % 20Settings\Temp\GW) 00005. HTM 6/24/2004
Page 3 ofl
Richmond, Virginia 23236
(804) 897-6500. EXl6593
(804) 897-6556 (Fax)
ad majorem Dei glonam
file:IIC:\Documents%20and %20Sellings\dbrehm\Loca1%20Settings\Temp\GW I 00005 .HTM 6124/2004
-33-
Item V-J.lK.
ITEM # 52827
PLANNING
NO ACTION
J.I. BRAUM CONSTRUCTION COMPANY, INe.
PLANNING
K.I. ROBING, AND G. DAVID WALTRIP AND
JOHN WARD
K.2, ATHENS BLVD., LLC
K.3. APC REALTY AND EQUIPMENT CO., LLe.
K.4. BEACH FELLOWSHIP
K.5. TUEE KNOW HIM FULL GOSPEL
MINISTRIES CHILD CARE CENTER
K.6, CHRISTIAN CHAPEL ASSEMBLY OF GOD
K.7. GENE FUERHAHAM
K.8. HERITAGE INVESTMENTS, LLC
K.9. PLEASANT RIDGE AUTO PARTS, INe.
NON-CONFORMING USE
STREET CLOSURE
VARIANCE
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
MODIFICATION Conditional Use
Permit (Approved 10/26/87, Ontario
Development, Inc.)
CHANGE OF ZONING
CONDITIONAL CHANGE OF
ZONING
MODIFICATION OF CONDITIONS
(COI.ditional Use Permit approved
11/24/98 Oil behalf of Mr. alld Mrs,
Philip Wayne MUllden. Jr.)
July 13. 2004
- 34-
Item V-f.!.
PLANNING
NO ACTION
ITEM # 52828
City Council took NO ACTION:
Ordinance upon applicatioll of Braull COllstruction Company. !nc..for
the Enlargement of a Nonconforming Use at 172 51" Street (GPlN
24187899770000). DISTRICT 5 - L YNNHA VEN
During review of this request, doubt arose regarding whether the use in question is indeed Iloll-conforming.
Since that determination has not been made, this request cannot be heard by the Cily Council 01 this time,
July 13, 1004
- 35-
Item V-K,
PLANNING
ITEM # 52829
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED in ONE
MOTION Items I, 2 (REVISED), 3a/b, 4, 5, 6 (DEFERRAL), 7, 8 and 9 a/b (DEFERRED) of the
PLANNING BY CONSENT AGENDA.
Item 2 (Athens Blvd., LLC) was REVISED, WITH ADDITIONAL CONDITION, BY CONSENT
Item 6 (Christian Chapel Assembly of God) INDEFINITE DEFERRAL, was EXTENDED, BY
CONSENT.
Item 9 (Pleasant Ridge Auto Parts, Inc.) was DEFERRED, until the City Council Session of August 10,
2004
Voting:
la-a (By Consent)
Council Member,\' Voting Aye:
HarlY E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndof:{: Jim Reeve, Peler W
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Richard A. Maddox
Council Lady McClanan voled a VERBAL NAY on Item K 3.b. (APC Realty at 736 Newman Street)
Jul\' 13, 2004
- 36-
Item V-K.I.
PLANNING
ITEM # 52830
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, Cily Council ADOPTED an Ordinance
upon applicalion of ROBIN G. and G. DA VID W ALTRlP AND JOHN WARD for Ihe disconlinuance,
closure and abandonmenl of a porlioll of Sunny Circle
Ordinallce upon Applicalion of Robin G. and G. David Waltrip and
John Ward for the discontilluallce, closure and aballdonmellt of a
portion o.fSullny Circle heginningonthe west side of Athens Boulevard
and running approximale!v 215.23 feel in a weslerlv direction.
DISTRICT 4 - BA YSIDE
The following conditions shall be required:
I. The City Attorney's Office will make Ihe final determination
regarding ownership of Ihe underlying fee. The purchase price
10 be paid to the City shall he delermined according to Ihe
"Policy Regarding Purchase of City's Interest ill Streets
Pursuant /0 Streel Closures, " approved by Cily Council. Copies
of the policy are available in the Planning Department.
2. The applicant is required /0 re-subdivide Ihe property and vacate
internal lot lilies /0 incorporate Ihe closed area into Ihe
adjoining parcels. The plat musl be submitted and approved for
recordalion prior /0 final street closure approval.
3. The applicant is required 10 verify Ihat no privale lItililies exisl
within Ihe right-of-way proposed for closure. PrelimillGlY
comments from Ihe ulilily companies indica Ie thai there are
ulililies within the right-ofway proposedfar closure. Ifutilities
do exist, easements satisfactory to the utility compallY must be
provided
4. A Iwenty-foot (20') wide public ulilily easement satisfaclory /0
the Department of Public Ulililies shall be dedicated. No
development shall be permit/ed 10 eneroach wilhillthe casement.
5._ The resubdivision Dlat refleclini! the slreet closure shall not be
recorded unless and un Iii a new fifh'-(oot (50 'J rii!ht-or-wav is
dedicated 10 the citv on adiacent Dronerlv 10 the north.
6. Closure of the right-or-way shall be contingent upon compliance
wilh the above slaled conditions within 365 days (Ju!\' 12. 2005)
of approval by City Council. ~fthe condilions noled above are
not accomplished and Ihe Jinal plat is not approved IVilhin one
year of Ihe City Council vote 10 close Ihe right-oJ:way, Ihis
approval shall be considered null and void.
Jul,' 13. 2004
- 37-
Item V-K.I.
PLANNING
ITEM # 52830 (Continued)
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 13" of July, Two ThaI/sand FOl/r
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. JOlles, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W.
Schmidt, ROil A. Villanueva. Rosem(//}' WilsolI and James L. Wood
Council Members Votillg Nay:
None
Council Members Absent:
Richard A. Maddox
Jul), 13, 2004
2
:I
4
5
6
7
X IN THE MATTER OF CLOSING. VACATING AND
<) DISCONTINUING A PORTION OF THAT CERTAIN
10 STREET KNOWN AS SUNNY CIRCLE AS SHOWN ON
II THAT CERTAIN PLAT ENTITLED "STREET
12 CLOSURE EXHmlT OF A PORTION OF SUNNY
1.\ CIRCLE (FORMERLY POPLAR ST.) LAKE
14 BRADFORD PARK FOR ROBYN M. & G. DAVID
IS W AL TRIP AND JOHN F. WARD. III & KATHLEEN S.
16 WARD. VIRGINIA BEACH. VIRGINIA":
17
IX
ORDINANCE NO.
19 WHEREAS, ROBIN G. WALTRIP, G. DAVID WALTRIP AND JOHN F.
20 WARD. III applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter
21 described street discontinued, closed, and vacated; and
22 WHEREAS, it is the judgment of the Council that said street be discontinued,
D 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;
15
26 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia
27 Beach, Virginia:
28
29
:10
.11 GPIN's: 1570-41-1300, 1570-41-0269, 1570-41-0330. 1570-41-0302. 1570-31-9382, 1570-31-
.,2 9353, 1570-3 I -9334, 1570-31-8394, 1570-31-8364, 1570-31-9282, 1570-31-9243, 1570-31-
.11 92 I 3, and 1570-3) -8276
:14
.\5
oS SECTION I
3h
37 That the hereinafter described street be discontinued. closed and vacated, subject
JK to certain conditions being met on or before one (I) year from City Council's adoption of this
W ordinance:
40
41 All that certain piece or parcel of land situate, lying and being in
42 the City of Virginia Beach, Virginia, designated and described as
4) "SUNNY CIR FORMERLY POPLAR ST (30' RJW TO BE
44 CLOSED)" shown on that certain plat entitled: "STREET
45 CLOSURE EXHIBIT OF A PORTION OF SUNNY CIRCLE
46 (FORMERL Y POPLAR ST.) LAKE BRADFORD PARK FOR
47 ROBYN M. & G. DAVID W AL TRIP AND JOHN F. WARD, III
4K & KATHLEEN S. WARD, VIRGINIA BEACH, VIRGINIA"
49 Scale: I" = 30', dated March 29. 2004, prepared by Kellam
50 Gerwitz. a copy of which is attached hereto as Exhibit A.
5 I
52
53 SECTION II
54
55 The following conditions must be met on or before one (I) year from City
56 Council's adoption of this ordinance:
57
I. The City Attorney's Office will make the final determination regarding
'i8 ownership of the underlying fee. The purchase price to be paid to the City shall he determined
'i9 according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street
60 Closures," approved by City Council. Copies of said policy are available in the Planning
61 Department.
62 2. The applicant is required to resubdivide the property and vacate internal lot
60 lines to incorporate the closed area into the adjoining parcels. The resubdivision plat shall be
64 submitted and approved for recordation prior to final street closure approval.
2
2
65 3. The applicant shall verify that no private utilities exist within the right-of-way
66 proposed for closure. Preliminary comments from the utility companies indicate that there are
67 no private utilities within the right-of-way proposed for closure. If private utilities do exist, the
68 applicant shall provide easements satisfactory to the utility companies.
6Y 4. A twenty-foot wide public utility easement satisfactory to the Department of
70 Public Utilities shall be dedicated. No development shall be permitted to encroach within the
71 easement.
72 5. The resubdivision plat reOecting the street closure shall not be recorded unless
73 a new 50' Right-of-Way is dedicated to the City on adiacent property to the North.
74 6. Closure of the right-of-way shall be contingent upon compliance with the
75 above stated conditions within one year of approval by City Council. If all conditions noted
76 above are not in compliance and the final plat is not approved within one year of the City
77 Council vote to close the street, this approval will be considered null and void.
78
79
80 SECTION III
81
82
I.
If the preceding conditions are not fulfilled on or before July 12,2005, this
83 Ordinance will be deemed null and void without further action by the City Council.
84
2.
If all conditions are met on or before July 12, 2005, the date of final
85 closure is Ihe date the street closure ordinance is recorded by the City Attorney.
86
3.
In the event the City of Virginia Beach has any interest in the underlying
87 fee, the City Manager or his designee is authorized to execute whatever documents. if any, that
88 may be requested to convey such interest, provided said documents are approved by the City
8Y Attorney's Office.
:1
3
90 SECTION IV
91 A certified copy of this Ordinance shall be filed in the Clerk's Office of the
92 Circuit Court of the City of Virginia Beach, Virginia. and indexed in the name of the CITY OF
91 VIRGINIA BEACH as "Grantor" and ROBIN G. WALTRIP, G. DAVID WALTRIP AND
94 JOHN F. WARD, UI as "Grantee."
95 Adopted by the Council of the City of Virginia Beach, Virginia. on this -l-J-\ob. day
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
III
112
113
114
of -J.u--l-y
,2004.
CA-9244
Dale June 14.2004
1":\1 l.lla\I\TY\I\'rm,ISln,\:1 (.I(l'ur.:\WORKrN(I\C^lJ2~.l'r<.l Jll,.
APPROVED AS TO CONTENT:
~ ~4
Plan~epartment
APPROVED AS TO LEG
SUFFICIENCY:
~=-..
City Attorney
4
4
A~42.32'
R~20.00'
~,
~i'- R 291, 00'
A=SO. 28'
UNNY OR
5 (30' R/W)
A=9.28'
R
A=S,26'
R=:3.00:~
A-S.2S~
00'
R=60. 0' ,
A-S5.3 . 90 ,
,=Z
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c I
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0. d I
;IJ ~V')
I~ ~ ~ IS00l _ _ 74.39'
10'0 Z' I S 15'46'51" W 89.39'
PTOB[~O-<
VACATED <:) ~ Q
_ (TYP) i~ ~ "" '" 'I
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vf I q 1_
" I VlI
" ....
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-- ~,: l: 15.00'
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o
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S 15'46'51" W 89.39'
~~2.4S'
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, '
-- 47-A
.,
EXIS71NG PROPERTIES:
I) LOTS 41-4., 1.570-31-8394 (WALTRIP)
2) LOTS 45-49, 157D-.f.I-OJJ'O (WARD)
J) LOTS 50-55, 1570-.31-921.3 (WALTRIP)
AREA OF R/W TO BE CLQSfD AND REVERT TO
ADJACENT PROPERTIES: 7549.7 SF", O. T73 AC
.,." v-I,' i'" ~ 13'
:l1"". tl~
-r;>;,. .,." . S"', '
. 0/< ><:9 ,.4 -'
00.'VJ' "'6" 'I" ,c."'
~ q- t-c """'9 "',N 27'
~ () "'8(1'
~I
en
....1
AREA TO REVERT TO WARD: 2027.1 sr, 0.0...6 AC
AREA TO RE\if:RT TO WAL TRIP: 5522.6 SF. 0.127 AC
THIS EXHIBIT IS INTENDED fOR USE ONLY AS INDICATED
FOR THE PURPOSE OF STREeT CLOSURE. INDEPENDENT
OF THE: A$SOC/ATITJ RECORD DOCUUENrs IT is NOT
INTfNDm FOR ANY OTHER THAN GENERAL REFERENCE:.
THIS EXHIBIT DOES NOT CONSTITUTE: A SUBDIV7SION OF
LAND NOR A BOUNDARY SURYE"Y.
Exhibit A
M.B. 9. P. 91
SCALE:: 1" =: JO'
29 MARCH. 2004
V04026_c1oseEXH.awg
T/oIF
STR[[T CLOSURE: EXHIBIT OF A PORTION OF
5unny Circle (formerly Poplar 5t.)
- Lake Bradford Park -
FOR
Rob", M. & G. David Waltrip and Jahn r. Ward, III & Kathleen S. Ward
VIRGINIA BEACH VIRGINIA
1f€l'"ELLAM
c=:::::J ~ 1.-
UJERWITZ
ENGINEERING. SURVEYIN(; - PLANNING
~"O("[NT~L ()RI\"E. SI'ITf III VIR(:lM,~ llE"r!l. v~ .'14\'
I JI', l'('.II"~. ,,~\ ['\7. u.).,....l
,
- 38-
Item V-K.2.
PLANNING
ITEM # 52831
Billy Garrington, 471 Southside, Phone: 428-4245, concurred with the additional condition.
Upon molion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED, with one
additional conditioll, Petilion of ATHENS BL VD., LLC for a Variance to ,~. 4.4(h) that requires all newly
created lots meet all the requirements of the City Zoning Ordinance (CZO) re subdividingjifteen (15) lots
at Beaufort A venue and Athens Boulevard:
Appeal to Decisions of Administrative Officers in regard to certain
elements oflhe Suhdivision Ordinance, Subdivision for Athens Blvd.,
L.L. C. Propert}' is located at the northwest intersection of Beazifort
Avenue and Alhens Boulevard (GPIN 15704133540000). DISTRICT
4 -BAYSIDE.
Thefollowing conditions shall be required:
I. The property shall be subdivided in substantial compliance with
the submilled pial entilled "Preliminary Subdivision Plat of
Athens Boulevardfor Alhens Assoc., L.L.c." prepared bv
Kellam and Gerwitz dated 10/15/03.
2. The new roadwav shown on the submitted vlan shall not be
located anI' closer to the existinf! lots located on the northern
side of Sunnv Circle than is shown on the Dlat described in
Condition I.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reha S.
McClanan, Mayor Meyera E. Obemdor! Jim Reeve, Peter W.
Schmidt, Ron A. Villanlleva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Richard A. Maddox
Ju~l' 13, 2004
- 39-
Item V-K.3.a.
PLANNING
ITEM # 51832
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED Ordinance
upon application of APC REALTY & EQUIPMENT CO., L.L.C. (DBA SPRINT PCSJ(or a Conditional
Use Permit:
ORDINANCE UPON APPLTCATJON OF APC REALTY &
EQUlPMENTCo., L.L.C. (DBA SPRINTPCS) FOR A CONDlTTONAL
USE PERMIT FOR A COMMUNICATION TOWER R07043 I 180
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA
Ordinance upon Application of APC Realty & Equipmenc Co., L.L.e.
(dba Sprinc PCS) for a Conditional Use Permit for a communicatioll
tower on property located at 855 Schumanll Drive (GPIN
24250052430000). DISTRICT 7 - PRINCESS ANNE
The /ollowing conditions shall be required:
I. The tower site must be developed in substantial conformance
with the site plan entitled "Ocean Lakes High School
NO 76XC813A" prepared by Entrex Communications Ser"ices,
Inc. and dated March 28, 2004, 011 file with the Deparcmellt 4
Planning
2. Unless a waiver is obeailled Fom the City of Virginia Beach
Department 0/ Communicacions and Informacion Technology
(COMIT). a radio frequellcv emissions study (RF Scudy).
conducted by a qualified engineer licensed to praccice in che
Commonwealth of Virginia, sholVing chm che intended user(s)
will not interfere with any City of Virginia Beach emergency
communicatiolls facilieies, shall be provided prior co siee plan
approval for the tOIVer and all subsequent users.
3. In the event in ce/faence with any Cityemergenc)'
commwlicaciollSfacilities arises from the users of this cower, the
user(s) shall cake all measures reasonably necessa~}' to correct
and eliminate the inte/ference. If the interference call/lOt be
eliminated within a reasonable time, the user shall immediatel"
cease operation to the extent necessary to SlOp the inllllferellce.
4. Should the anCennae cease to be usedfor a period a/more chan
one (I) year, the applicant shall remo"e the antennae, their
supporting Cowers and related equipment.
Julv 13, 2004
- 40-
Item V-X.3.a.
PLANNING
ITEM # 52832 (Continued)
This Ordinance shall be effective in accordance with Section 107 (I) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virgi/lia, on the 13" of JI/ly, Two ThaI/sand Four
Voting:
10-0 (By Consent)
COl/ncil Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Obemdorf Jim Reeve, Peter W.
Schmidt, Ron A. Vil/a/ll/eva, Roseman' Wilson and James L. Wood
Council Members Voting Nay:
i'lone
Council Members Absent:
Richard A. Maddox
JI/lv 13, 2004
- 41-
/tem V-K.3.b.
PLANNING
ITEM # 52833
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED an Ordinance
upon application of APe REALTY & EQUIPMENT CO., L.L,C, (DBA SPRINT PCS)for a Conditional
Use Permit:
ORDINANCE UPON APPLICATION OF APC REALTY &
EQUIPMENT Co.. L.L.C. (DBA SPRiNT SPECTRUM, L.P.) FOR A
CONDITIONAL USE PERMIT FOR A COMMUNICA710N TOWER
(COLLOCATION) R070431 181
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of APC Realty & Equipment Co., L.L.C.
(dba Sprint Spectrum, L.P.) .for a Conditional Use Permit .for a
communication lOwer (callocation) on property localed al 796
Newman Street (GPIN 149653778710000). DISTRiCT 6 - BEACH
The following conditions shall be required:
I. A variance to the setback requirement of 2110 feet .from all
residential structures shall be obtainedfrom the Board o.fZoning
Appeals or this Conditional Use Permit is null and void.
2. The tower site nll/st be developed in substantial conformance
with the site plan entilled "Lynnhaven Co-LOCale, 105' Dominion
Virginia Power Tower" prepared hy Clark Nexsen Architeclure
and Engineering and dated March 30. 201M, and IJnfile with the
Departmenl of Planning.
3. Approval of the gravel drive and gale wilhin the 60-fool wide
public drainage easemenl shall he oblllined from the
Deparlment of Public Works, Slormwllter Division during
detailed site plan re,'iew or these improvelllenls cannol be
illSllllled.
4. Unless a waiver is oblained from the City of Virginia Beach
Departmelll of Communicalions and Informalion Technology
(COMIT), a radio frequency emissions study (RF Study),
conducted by a qualified engineer Iicemed to praclice in Ihe
Commonwealth of Virginia, showing thaI the illlended user(s)
WillllOt inlerfere with any Cily of Virginia Beach emergencv
communications facilities. shall be provided prior 10 site plan
approval for the lOwer and all suhsequent users.
Jul" 13. 2004
- 42-
/tem V-K.3.b.
PLANNING
ITEM # 52833 (Colltinued)
5. In Ihe eve1li illterference with allY Cityemergellcy
commullicationsfacilities arises from the users o(this tower, the
user(s) shall take all measures reasollably lleceSSalY to correct
and eliminate the interference. If the intelference cannot be
eliminated within a reasonable time, the user shall immediately
cease operatioll to the extent Ilecessary to stop the inte~(erence.
6. Should the antennae cease to he used for a period of more than
one (I) year, the applicant shall remove the alltennae, their
supporting towers and related equipment.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordillance.
Adopted by the Council of the City of Virgillia Beach, Virginia, on the 13" of July, Two Thousand FOllr
Voting:
9-1 (By Consellt)
Council Members Voting Aye:
Harry E. Dieze/, Robert M. Dyer, Vice Mayor Louis R. Jones, Mayor
Meyera E. Oberndor(. Jim Reeve, Peter W. Schmidt, Ron A.
Villanueva, Rosemary Wilson ami James L. Wood
Council Members Votillg Nay:
Reba S. McClanan
Council Members Absenl:
Richard A. Maddox
July 13, 2004
- 43-
Item V-K.4.
PLANNING
ITEM # 51834
Upon motion by Vice Mayor Jones, seconded by COllncilman Reeve, City COllncil ADOPTED an Ordinance
lIpon application of BEACH FELLOWSHIPfor a Conditional Use Permit re a Chllrch extension (portable
classroom):
ORDINANCE UPON APPLlCATlONOF BEACH FELLOWSHIP FOR
A CONDITIONAL USE PERMIT FOR A CHURCH EXPANSION
(PORTABLE CLASSROOM) R07043 I 182
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance lIpon Application of Beach Fellowship for a Conditional
Use Permit for a chllrch expansion (portable classroom) at 18/7
General Booth Boulevard (GPlN 24153267/70000) DISTRiCT 7 -
PRiNCESS ANNE
The following conditions shall be reqllired:
I. The temporary trailer shall not be on-sitefor a period any longer
than two (2) years from the date of approval oFthis lIse permit.
2. The trailer shall he painted and kept in a state ojconstantmaintenance.
3. All reqllired and applicable bllilding codes shall he met.
This Ordinance shall be effective in accordance with Section 107 (0 of the Zoning Ordinance.
Adopted by the COllncil of the City of Virginia Beach, Virginia, on the 13" of JlIly, Two Thollsand FOllr
Voting:
10-0 (By Consent)
COllncil Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor LOllis R. Jones, Reba S.
McClanan, Mayor Meyeru E. Oberndorf, Jim Reeve, Peter W.
Schmidt, Ron A. Villanlleva, Rosemary Wilson and James L. Wood
COllncil Members Voting Nay:
None
COllncil Members Absent:
Richard A. Maddox
JlIly 13, 2004
- 44-
Item V-K.5.
PLANNING
ITEM # 52835
Upon motion by Vice Mayor Jones. seconded by Councilman Reeve, City Council ADOPTED an Ordinance
upon Application ofTUEE KNOW HIM FULL GOSPEL MINISTRIES CHILD CARE CENTER
for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF TUEE KNOW HIM FULL
GOSPEL MINISTRIES CHILD CARE CENTER FOR A
CONDITIONAL USE PERMIT FOR A CHILD CARE CENTER
R07043 I 183
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE ClD' OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application orTuee Know Him Full Gospel Ministries
Child Care Centerfor a Conditional Use Permit for a child care center
in conjunction with a church at 544-138 Newtown Road (GPIN
14683033400000). DISTRICT 2 KEMPSVILLE
The following conditions shall be required:
I. The applicant shall obtain all necessary permits, impections and
approvals from the Fire Department and the Permits and
Inspections Division or the Planning Department before
occupancy orthe building. A Certificate of Occupancy/ or the use
shall be obtainedfrom the Permits and II/spections Division of
the Planning Department.
2. The applicant shall maintain a childeare license with the
Commonwealth of Virginia. Failure to maintain a childcare
license shall result in revocation of the Conditional Use Permit.
3. The childcare center is limited to a maximum of fifty (50)
children. The center shalllwt careformore than}!ve (5) children
under the age of 2 y,.
This Ordinance shall be effective in accordance with Section 107 (/) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 13'" of July, Two Thousand Four
Jull' 13, 2004
- 45-
Item V-K.5,
PLANNING
ITEM # 52835 (Colllinued)
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dver, Vice Mayor Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter IV
Schmidt, Ron A. Villanueva, Rosemal}' WilsolI alld James L. Wood
Council Members Voting Nay:
None
COUllcil Members Absent:
Richard A. Maddox
Jllly 13, 2004
- 46-
Item V-K.6.
PLANNING
ITEM # 52836
Upon motioll by Vice Mayor Jones, seconded by Councilman Reeve, City Council EXTENDED
INDEFINITE DEFERRAL re an Ordinance upon Application of Christian Chapel Assemhly of God for
a Conditional Use Permit,
ORDiNANCE UPON APPLICATION OF CHRISTIAN CHAPEL
ASSEMBLY OF GOD FOR A CONDITIONAL USE PERMIT FOR A
CHURCH
Ordinance upon Applicatioll of Christian Chapel Assemblv of God for
a COile/it/anal Use Permitfor a church at 2751 Salem Road (GPiNS
14834859920000; 14835900590000; 14835901080000:
14835992570000). DISTRiCT 7 - PRINCESS ANNE
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McC/allan, Mayor Meyera E. Obemdor! Jim Reeve, Peter W
Schmidt, ROil A. Vil/anuem, RosemalY Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Ahsem:
Richard A. Maddox
Jul,. 13, 2004
- 47-
Item V-K.7
PLANNING
ITEM # 52837
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED an Ordinance
upon application of GENE FEUERHAHN for MODIFICATION of a Conditional Use Permit
(approved October 26, 1987, as Ontario Development, Inc.) re automobile repair
Ordinance upon Application of Gene Feuerhahnfora Modification of
Conditions on a Conditional Use Permit for an automobile repair
establishment approved by City Council on October 26, /987 (Ontario
Development, [flC.). The properly is located at 5225 Indian River Road
(GPIN 14653796460000). DISTRICT / - CENTERV/LLE
The following conditions shall be required:
I. All cOflditions attached to the Conditional Use Permit gmflted by
the City Council on October 26, 1987, remaifl in effect.
2. The site shall be developed substantially as shown Ofl the
submitted site plan entitled "Auto Care Center 5225 Ifldian River
Road Preliminmy Site Plan" prepared by The Spectra Group
dated 4/14/04.
3. The exterior of the proposed buildiflg shall be substafltially as
shown on the submitted building elevation entitled "Maintenaflce
Facility for Gene Feuerhalm" prepared by Andre Marque=
Architects dated March 25, 2004.
4. All auto repair must take place inside the building.
5. No outside storage of equipment, parts, or materials shall be
permitted.
6. All junk, debris, parts, old tires or other discarded items must be
removed from the site.
7. No outside storage of vehicles in a state of obvious disrepair
shall be permitted. Ifvehicles in this cOfldition require storage,
then such vehicles shall be stored within the building.
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 13" of July, Two Thousand Four
Jut}' 13, 2004
- 48-
Item V-K.7
PLANNING
ITEM # 52837 (Contillued)
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W.
Schmidt, ROil A. Villanueva, Rosemary Wilson and Jomes L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Richard A. Maddox
JII~V 13. 2004
- 49-
/tern V-K.8.
PLANNING
ITEM # 52838
Upon motion by Vice MayurJones. seconded by Councilman Reeve. City Council ADOPTED an Ordinance
upon application oj HERiTAGE INVESTMENTS, LLC Jur a Conditional Change of Zoning:
ORDINANCE UPON APPLICATlONOF HERITAGE INVESTMENTS.
L.L.c. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM B-2 COMMUNITY BUSINESS DISTRICT AND R-IO
RESIDENTIAL DISTRICT TO CONDITIONAL 1-1 LIGHT
INDUSTRIAL DISTRICT Z07041191
Ordinance upon Application of Heritage Investments. L.L.c. fur a
ChanlZe of ZoninlZ District Classification from B-2 Community
Business District and R-I () Residential District to Conditional 1-1 Light
Industrial District at 596 South Birelneck Road (GPIN
241648708500(0). The Comprehensive Plan designates this site as
being part oIthe Primary Residelltial Area. suitablelor appropriate~v
located suburban residelltial and lion-residential uses collSistent with
the policies of the Comprehensive Plan. DISTRICT 6 - BEACH
TI,e/ollowing condition shall he required:
I. All agreement shall be recorded with the Clerk oj the Circuit
Court and is herehy made a part oj the record.
This Ordinance shall be effective ill accordance with Section 107 (j) oJthe Zoning Ordinance.
Adopted by the Co unci/ oj the City of Virginia Beach. Virginia. on the 13" uJ July. Two Thousalld Four
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel. Robert M. Dyer. Vice Mayor Louis R. Jones. Reba S.
McClanan. Mayor Meyera E. Oberndorf Jim Reeve. Peter W.
Schmidt, Ron A. Villalluel'tl. Rosemal)' Wi/SOil and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Richard A. Maddox
Julv 13, 2004
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
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CITY COUNCIL AGENDA
("In MANAl ifR . .104M!:.,'; ~;:. .\/'UUE
('11r' ArmRNEY - I.ESLIE L uu.F.f
c"t7'Y('LfRK - RIITH H()f)(;/:......"iUI1H, MAIl'
13 JULY 2004
I.
CITY MANAGER'S BRIEFINGS
Conference Room
A. JOINT LAND USE STUDY (JLUS)
Robert J. Scott, Director - Planning
B. HISTORlC HOUSE GOVERNANCE POLICY
Lynn Clements, Director - Museums and Cultural Arts
II. REVIEW OF AGENDA ITEMS
III. CITY COUNCIL COMMENTS
("lrY HALL BU/LDllv'r,
'24()! COURTHO( ISE DRiVE
VlRGf,VI.4 BEACH. r/RCif,VIA 23.J56.8005
PHONE"(75?) -ID-4303
FAX (757) ./26-5669
E. MAIL' CI}-'cncl(~J~'bgovco",
2:30 PM
IV. INFORMAL SESSION
- Conference Room -
4:30 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
Document Prepared By:
Troutmall Sanders LLP
2:32 Central Park Avenue
Suite 2000
Virginia Beach, Virginia 2346:3
Phone. (757) 687-7500
Facsimile: (757) 687-7510
AGREEMENT
THIS AGREEMENT (the "Agreement") is made this 9th day of June, 2004 by and
between ALBERT N. JENSEN AND DIANA H. JENSEN (the "Grantor"), the current owner
of that certain property fronting on the northeast comer of South Birdneck Road and Bells Road
in Virginia Beach, Virginia, which property is more particularly described in Exhibit A attached
hereto and incorporated herein by reference (the "Property"), HERlT AGE INVESTMENTS,
LLC, a Virginia limited liability company (the "Grantor"), the contract purchaser of the Property,
and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia (hereinafter referred to as "Grantee").
WIT N E SSE T H:
WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of
Virginia Beach, Virginia. by petition addressed to the Grantee, so as to change the classification
from B-2 and R-l 0 to I-I Conditional on the Property; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land
for various purposes, including mixed use purposes, through zoning and other land development
legislation; and
WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible
uses connict, and that in order to permit differing uses on and in the area of the subject Property
and at the same time to recognize the effects of the change and the need for various types of uses,
certain reasonable conditions governing the use of the Property for the protection of the
GPIN NO.: 2416-48-7085-0000
community that are not generally applicable to land similarly zoned I-I are needed to cope with
the situation to which the Grantor's rezoning application gives rise; and
WHEREAS, the Grantor has voluntarily proffcred in writing in advancc of and prior to
the public hearing before the Grantee, as part of the proposed conditional amendment to the
Zoning Map, in addition to the rcgulations provided for in the existing 1-1 zoning district by the
existing City's Zoning Ordinance (CZO), the following reasonahle conditions related to the
physical development, operation and use of the Property to bc adopted as a part of said
amendment to the new Zoning Map relative to the Propcrty, all of which have a reasonable
relation to the rezoning and the need for which is generated by the rezoning; and
WHEREAS, said conditions having been proffered by thc Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance. such conditions shall
continue in full force and effect until a subsequent amendment changes the zoning on the
Property covered by such conditions; provided, however, that such conditions shall continue
despite a subsequent amendment if the subsequent amendment is part of the comprehensive
implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the
foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's
Office of the Circuit Court of thc City of Virginia Beach, Virginia and executed by the record
owner of the subject Property at the time of recordation of such instrument provided, further,
that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of
ordinance or resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-
2204, which said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent.
NOW THEREFORE, the Grantor, for itself, it's successors, assigns, grantees, and other
successors in title or interest, voluntarily and without any requirement by or exaction from the
Grantee or its governing body and without any element of compulsion of quid pro qUO for
zoning, rezoning, site plan, building pern1it or subdivision approval, hereby make the following
declaration of conditions and restrictions which shall restrict and govem the physical
2
development, operation and use of the Property and hereby covenant and agree that these proffers
(collectively, the "Proffers") shall constitute covenants running with the said Property, which
shall be binding upon the Property and upon all parties and persons claiming under or through
the Grantor, it's heirs, personal representatives, assigns, grantees and other successors in interest
or title, namely:
I. When developed, the Property shall be developed for uses permitted in the 1-1
District, along with accessory parking and other accessory site features, with the exception of the
following uses, which are otherwise permitted in the I-I District: (a) airports, heliports and
helistops, (b) bingo halls and (c) borrow pits.
2. When developed, the Property shall be developed and landscaped in substantial
accordance with the exhibit titled "Conceptual Site Layout Plan for Heritage Investments, LLC",
dated March 1,2004, and prepared by MSA, P.c., a copy of which is on file with the Planning
Department.
3. When developed, the buildings constructed upon the Property shall be constructed
using materials, designs, and colors in substantial confol1nance with the building elevations titled
"New Laundry Facility for Heritage Investments, LLC", prepared by McEntire Design, a copy of
which is on file with the Planning Department.
Further conditions mandated by applicable development ordinances may be required by
the Grantee during detailed site plan andlor subdivision review and administration of applicable
City Codes by all cognizant City agencies and departments to meet all applicable City Code
requirements.
All references hereinabove to zoning districts and to regulations applicable thereto, refer
to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the
conditional zoning amendment is approved by the Grantee.
The Grantor covenants and agrees that (I) the Zoning Administrator of the City of
Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing
3
body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions,
including (i) the ordering in writing of the remedying of any non~omplian~e with such
conditions, and (ii) thc bringing of legal action or suit to ensure compliance with such conditions,
including mandatory or prohibitOlY injunction, abatement, damages or other appropriate action,
suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the
issuance of any of the required building or occupancy pennits as may be appropriate; (3) if
aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the
City Code, the CZO or this Agreement, the Grantor shall petiuon the governing body for the
review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an
appropriate s)wbol on the map the existence of conditions attaching to the zoning of the subject
Property on the map and that the ordinance and the conditions may be made readily available and
accessible for public inspection in the office of the Zoning Administrator and in the Planning
Department and that they shall bc recorded in the Clerk's Ofllce of the Circuit Court of the City
of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee.
[Remainder of Page Intentionally Left Blank 1
4
GRANTOR:
;-T
.:-/ <'./,'- -----.
AlberyN. Jensen
(
b)~"-- ~ ~j2. ~j'--
~ ru.A.( il
COMMONWEALTH OF VIRGINIA
CITY OF VIRGIN LA BEACH, to-wit:
The foregoing instrument was acknowledged before me this /1tIday of~ ,2004,
by Albert N. Jensen. He is personally known to me or has produced
as identification.
C3LW1~9. Ccw&k
No Public
My Commission Expires:
~
30 JoO~
I
COMMONWEALTH OF VIRGINIA
CITY OF ViRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this l'-/fkJay o~ ' 2004,
by Diana H. Jensen. She is personally known to me or has produced
as identification.
C3f1n1'Jl#'2;, (JaU~
Not Public
My Commission Expires:
~ ,30, JO00
5
COMMONWEALTH OF VlRGrNIA
CITY OF VIRGINIA BEACH, to-wit:
GRANTOR:
HERlT AGE INVESTMENTS, LLC
~-sr;;_
Name: -~---J:t.~
Title: C FZ-
The foregoing instrument was acknowledged before me this 11 day of -dUNe ,2004,
by -l\O!:.Jl=;/LT fl1.l-i....','-'I\W_._LFo of Heritage Investments, LLC. He/she is
~rsonallY know_~r has produced as identification.
My Commission Expires: c);). - .;;J'}- c) 8
VB251526v4
6
/J
CX~~: (/ 4t'~u4
Notary Public
EXHIBIT A
ALL THAT certain lot, piece or parcel of land, with the buildings and improvements with any
buildings and improvements thereon and designated and described as Lot T-I, Area equals
1.6578 acres or 72,212 sq. ft. on that certain subdivision plat entitled "Subdivision of Parcel 'T'
Heirs of Otis James Farrar" made by Mel Smith and AssocIates. Engineering Surveying
Planning, which plat is duly of record in the Clerk's Officc 01' the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book 295 at Page 95.
IT BEING the same property conveyed to Albert N. Jensen and Diana H. Jensen by deed from
MaI1ha Susan Farrar and Catherine Marie Farrar, heirs of Otis J. Farrar and Martha C. Farrar,
widow of James J. Farrar, heir of Otis J. Farrar, dated May 3, 2000 and recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 4235 at Page
1946.
7
- 50-
Item V-K.9,
PLANNING
ITEM # -'2839
Upon motion by Vice Mayor Jones, seconded by COllncilman Reeve, City COllncil DEFERRED until the
City Council Session of August 10, 2004, Ordinances lIpan applications of PLEASANT RIDGE AUTO
PARTS, INC re retail sales establishment specializing ill allta parts and ulldefined fllture expansioll}or
a Conditiunal Change of Zoning and Modificatiun orConditiolls re a Conditional Use Permit (apprul'ed by
City Coullcil 011 November 24,1998, in behalf of Mr. and Mrs. Philip Wayne Murden. Jr.:
ORDINANCE UPON APPLICATION OF PLEASANT RIDGE AUTO
PARTS, INC FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM AG-I AND AG-2 TO CONDITIONAL B-2
Ordinance lIpon Application or Pleasant Ridge Auto Parts. Inc. jor a
Change of Zoning District Classification from AG-I and AG-2
Agricultllral Districts 10 Cunditional B-2 Community Business District
at 4164 West Neck Road (GPIN 24027079830000 - part of). The
Comprehensive Plan identifies this site as being within the Rural Area.
DISTRICT 7 -PRINCESS ANNE
AND,
ORDINANCE UPON APPLICATION OF PLEASANT RIDGE AUTO
PARTS, INC FOR A MODIFICATION OF CONDITIONS ON A
CONDITIONAL USE PERMIT APPROVED BY CITY COUNCIL ON
NOVEMBER 24, 1998 (MR. & MRS. PHILIP WAYNEMURDEN. JR.)
Ordinallce upon Application orPleasant Ridge Autu Parts, Inc. for a
Modification of Conditions for a Conditional Use Permit approved by
City Coullcil on November 24, 1998 (Mr. & Mrs. Philip Wayne
Murden, Jr.)atthe northwest corner uf Princess Anile Road and West
Neck Road (GPfN 24027079830000 - part "D. DISTRICT 7 -
PRINCESS ANNE
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diael, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Mayur Meyera E. Oberndorf Jim Reeve, Peter W.
Schmidt, Ron A. Villanueva, Rosemw}' Wilson and James L. Wood
Council Members Voting Nay:
Nune
Cauncil Members Absent:
Richard A. Maddox
Julv 13, 2004
Item V-L.I.
APPOINTMENTS
- 51 -
ITEM # 52840
BY CONSENSUS, City COllncil RESCHEDULED thelollowing APPOINTMENTS:
DEVELOPMENT AUTHORITY
PARKS AND RECREATION COMMISSION
PUBLIC LIBRARY BOARD
REVIEW AND ALLOCATION COMMITTEE (COG)
SOCIAL SERVICES BOARD
JlI~F /3, 2004
- 52-
Item V-O.
ADJOURNMENT
ITEM # 52841
Mayor Meyera E. Oberndo~f DECLARED the City Council Meeting ADJOURNED al 6:29 P.M.
(~/ r:J .JM'", .A.
____ __ ___________~t:~_
Beverly . Hook.s. CMC
Chief Deputy City Clerk
q~~ct':-~k
Rllth Hodges Smith. MMC
Cily Clerk
Mevera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
JU~I' /3. 2004
-52-
Item V-O.
ADJOURNMENT ITEM#52841
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:29 P.M.
or
Beverly . Hooks, CMC
Chief Deputy City Clerk
jQ.
Ruth Hodges Smith, MMC Meyera Oberndorf
City Clerk Mayor
City of Virginia Beach
Virginia
July 13, 2004