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Home My WebLink AboutSEPTEMBER 28, 2004 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" MAYORMEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIEZ,EL, Kempsville - District 2 ROBERT M. DYER, Centerville - District 1 REBA S. McCLANAN, Rose Hall - District 3 RICHARD A. MADDOX, Beach - District 6 JIM REEVE, Prmcess Anne - District 7 PETER W. SCHMID1: At-Large RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE- (757) 427-4303 FAX (757) 426-5669 EMAIL:Ctycncl@vbgov.com JAMES K. SPORE, City Manager LESLIE L. LILLEY, City Attorney RUTH HODGES SMITH, MMCA, City Clerk 28 September 2004 1. CITY MANAGER'S BRIEFING - Conference Room 2:00 P.M. A. DREDGING Dean Block, Director, Department of Public Works II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION - Conference Room 3:00 P.M. A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber 6:00 P.M. A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend W. Samuel Walton United Baptist 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 1. INFORMAL AND FORMAL SESSION September 14, 2004 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARINGS 1. BLACKWATER LOOP - EXCESS PROPERTY 2. BIKEWAYS and TRAILS PLAN B I. PUBLIC COMMENT 1. COMMUNITY LEGISLATNE AGENDA for 2005 J. CONSENT AGENDA K. ORDINANCES/RESOLUTION 1. Ordinance to AUTHORIZE the sale of EXCESS property to New Greater Mount Sinai Baptist Church at Blackwater Loop and ACCRUE the proceeds to various school site acquisitions. (Resolution adopted August 5, 2002) 2. Ordinance to AMEND and REORDAIN S 2-6 of the City Code re the membership of the Resort Advisory Commission (RAC). 3. Ordinance to APPROPRIATE $1,750,000 in FY 2003-2004 School Reversion Funds re equipment and vehicle replacements. 4. Ordinance to APPROPRIATE $89,423 from the Virginia Aquarium and Marine Science Center Foundation to the FY 2004-2005 Operating Budget of the Department of Museums and Cultural Arts re two full-time Curator positions for their stranding program. 5. Ordinance to ACCEPT and APPROPRIATE $68,103 from the Department of Justice Local Law Enforcement Block Grant and TRANSFER $7,566 from the General Fund Reserve for Contingencies re: a. Police Department mugshot capture station, digital camera and forensic light source kit $15,700 b. Community Corrections Office re contracted manpower $11,159 c. Sheriff's Department re the Law Enforcement Training Academy $23,848 6. Resolution to AUTHORIZE the City Manager to execute a Memorandum of Understanding (MOU) with Hampton Roads Squadron and The Association of Naval Aviation, Inc. (ANA), re the placement of a Naval Aviation Memorial on public property at 25th Street and Atlantic Avenue to be named "Monument Park". L. PLANNING - NO ACTION 1. Application of DR. ROBERT D. VOOGT for a Conditional Use Permit for a facility for the disabled at Old Donation Parkway and First General Parkway. (DISTRICT 5 - L YNNHA VEN)[This item was deferred by the Planning Commission] M. PLANNING 1. Application of THERESA M., GRUBBS for a freestanding mobile home on her property in the A-I and A-2 Agricultural Zoning District at 5140 Blackwater Road. (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: APPROV AL 2. Application of HOW ARD HOLZMACHER for a Conditional Use Permit for firewood preparation at 3308 Heffington Drive. (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: APPROV AL 3. Application of CHESAPEAKE ATLANTIC DEVELOPMENT GROUP, L.L.c. to construct two (2) single family residenses at Holland Road and Litchfield Way: (DISTRICT 7 - PRINCESS ANNE) a. Change of Zoning District Classification from AG-l and AG-2 Agricultural Districts to R-20 Residential District b. Variance to 9 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO). RECOMMENDATION: APPROV AL 4. Petition for a Variance to 9 4.4(b) to the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) for JANE and WINTHROP SHORT at 208 and 210 75th Street to resubdivide the lots to accommodate two detached single- familv dwellings. (DISTRICT 5 - L YNNHA VEN) RECOMMENDATION: APPROV AL 5. Application ofSAIR ENTERPRISES for a Modification of Conditional Use Permits approved by City Council on March 14, 1966 and December 12, 1983 (Harry L. Partridge) to construct a new auto service station and convenience store at 6016 Indian River Road. (DISTRICT 1- CENTERVILLE) RECOMMENDATION: APPROV AL 6. Application of ENTERPRISE RENT-A-CAR for a Conditional Use Permit for motor vehicle rentals at 141 Spruce Street. (DISTRICT 3 - ROSE HALL) RECOMMENDATION: APPROV AL N. APPOINTMENTS BICYCLE and TRAILS ADVISORY COMMITTEE HISTORICAL REVIEW BOARD MINORITY BUSINESS BOARD P ARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION - RAC REVIEW AND ALLOCATION COMMITTEE (COG) SOCIAL SERVICES BOARD TOWING ADVISORY BOARD O. UNFINISHED BUSINESS P. NEW BUSINESS Q. ADJOURNAMENT *************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) ************** Agenda 09/28/04\sb www.vbgov.com MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 28,2004 Mayor Meyera E. Oberndorf called to order the Briefing re DREDGING in the Council Conference Room, City Hall, on Tuesday, September 28,2004, at 2:00 P.M. Council Members Present: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A, Maddox, Mayor Meyera E, Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None - 2- CITY MANA GER 'S BRIEFING DREDGING 2:00 P.M. ITEM # 53015 E. Dean Block, Director of Public Works, discussed the City's Dredging Program, which is afollow-up to the City Council's two previous presentations on March 9, 2004 and June 1, 2004. The goal is to review the various components and alternatives of the City program for Neighborhood Channel System. Summary of Current Dredging Programs Project Project Type Method Material Disposal Area Big Beach Beach Nourishment Hopper Sand Resort Beach Sandbridge Beach Nourishment Hopper Sand Sandbridge Beach Rudee Inlet Inlet Maintenance Hydraulic Sand Resort Beach (1 st-12th Streets) Rudee Inlet Inner Inlet Waterway Hydraulic Silt/Clay Lake Rudee and Wesley Harbor Maintenance Lynnhaven Inlet Inlet Maintenance Hydraulic Sand Ocean Park and other Bay Beaches Western Branch - Inland Waterway Hydraulic! Silt/Clay Undefined Lynnhaven River Maintenance Mechanical Silt/Clay Landfill II Eastern Branch - Inland Waterway Hydraulic! Silt/Clay Undefined L ynnhaven River Maintenance Mechanical Silt/Clay Landfill II Long Creek Inland Waterway Hydraulic Sand/Silt Maple Street Site Maintenance Long Creek Canal Inland Waterway Hydraulic Sand/Silt Maple Street Site Maintenance Crab Creek Inland Waterway Mechanical Sand/Silt Lynnhaven Dredge Disposal Maintenance Site Broad Bay Inland Waterway Hydraulic Sand/Silt Maple Street Site Maintenance The Narrows Inland Waterway Hydraulic Sand First Landing State Park Maintenance Storm water Storm water Hydraulic! Silt/Clay/Sand Identified case by case Management Facilities Management Facility Mechanical Silt/Clay/Sand Landfill II Maintenance Ancillary Private Waterway Hydraulic! Silt/Clay Undefined (Neighborhood) Maintenance Mechanical Silt/Clay Landfill II Channels *The three (3) highlighted projects represent the challenges while the rest of the Dredging program is currently sustainable based on an assumed funding availability, September 28,2004 -3- CITY MANA GER '8 BRIEFING DREDGING ITEM # 53015 (Continued) The majority of the program is currently sustainable from a dredged material perspective. The areas of Western Branch and Eastern Branch of the Lynnhaven River and ancillary channels experience difficulty even in the case of stormwater management. Existing Plan and Policy Eastern and Western Branches of the Lynnhaven River (City Funded) Hydraulic disposal will be south for the next cycle of dredging of the Western Branch (2008 - current plans) Beyond one or, at most, two cycles, mechanical dredging will become primary method Transfer Sites will need to be utilized Ancillary Channels Allow piggybacking when hydraulic capacity exists Allow use of Landfill II at no cost The last presentation concluded with a discussion of two (2) key questions: Should the City seek additional hydraulic and/or mechanical disposal sites? Recommendation from the Last Presentation: Proceed consistent with timing of the Western Branch cycle and subsequent City dredging projects; i.e. seek additional disposal areas on an as-needed basis What, if any, additional assistance should the City provide to ancillary channels? Alternatives for Discussion (1) Continue Current Policy (2) Construction Transfer Site(s) to facilitate work (3) Undertake One or more PPEA projects (4) Advance Western Branch City project (5) Government-provided Overall Program Recommendation from the Last Presentation: Combine Alternatives 1 & 2 On June 1, 2004, City Council requested staff to prepare more information on what would be involved to establish a City program to maintain navigation in our neighborhood channel system. September 28, 2004 - 4 - CITY MANA GER 'S BRIEFING DREDGING ITEM # 53015 (Continued) In 1997, a Waterway Dredging Technical and Policy Study was conducted. Conducted Workshops and Questionnaires to determine needs and willingness to participate Linked information thus obtained to mapping system and developed schematic channel network. Physically surveyed a large sample of channel network to develop volume and cost estimates Identified funding alternatives City Council deferred further consideration of the program. Scope of the Program (divided into jive (5) major areas) Eastern and Broad Bay and Eastern Branch Rudee Inlet Basin North Bay Western Branch Linkhorn Elizabeth River L ynnhaven River 22 Major Service 19 Major Service 5 Major Service 3 Major Service 2 Major Service Areas Areas Areas Areas Areas 25 Miles of 21 Miles of 7 Miles of 2 Miles of 13 Miles of Channels Channels Channels Channels Channels The entire system of neighborhood channels is approximately sixty-eight (68) miles long, The existing city program of dredging encompasses slightly under twenty (20) miles of channels, thus a total of eighty-eight (88) miles. The dredging need is not equally distributed across the various service areas, Some have been dredged on a "piggy-back" basis in the past. Others have been dredged privately without any participation by the City, and sometimes not even involving disposal. Approximately twelve (12) to fifteen (15) channels have been involved in private activity. Program Costs 1997 Report One Million cubic yards at $25 per cubic yard = $25-MILLION Assumed 10-year implementation plan Estimated Annualized cost of approximately $3-MILLION The questionnaire responses of the waterfront property owners were with respect to their willingness to pay for the program. The property owners' response was not favorable as to their willingness to assist in any significant degree with the dredging of the channels, September 28,2004 - 5 - CITY MANA GER'S BRIEFING DREDGING ITEM # 53015 (Continued) Public Works updated and expanded the 1997 budgetary estimates (2004 figures) Eastern and Western Branches .:!::. 500,000 cubic yards at $30 per cubic yard = $15-MILLION Rest of the Lynnhaven Basis .:!::. 300,000 cubic yards at $30 per cubic yard = $ 9-MILLION Rudee Inlet .:!::. 50,000 cubic yards at $30 per cubic yard = $ l,5-MILLION Elizabeth River .:!::. 100,000 cubic yards at $30 per cubic yard = $ 3-MILLION North Bay .:!::. 50,000 cubic yards at $30 per cubic yard = $ 1.5-MILLION $30-MILLION Programming and Scheduling Options On-Demand 51 % or similar program Response to Demand must meet technical standards Similar to the current program in Public Utilities Needs-Based On-going systematic approach to full basin maintenance criteria to establish when dredging is needed (depth, etc.) Program Funding Fully funded by those who receive dredging (Direct Beneficiaries) Fully funded by the City Existing Revenues New Revenue Sources Shared Funding Cost Participation September 28,2004 - 6- CITY MANA GER 'S BRIEFING DREDGING ITEM # 53015 (Continued) The cost per dwelling served will vary widely across the basins. The need is not equally distributed. There are approximately 4,500 direct beneficiaries of a program of this size. The cost for the particularly ancillary channels will vary greatly, rangingfrom potential lows of a few thousands dollars per household to well over $20,000 per household depending on the condition of the channels and the circumstances. Other Program Factors Ability to meet expectations introduced by the Program (permitting and scheduling) Prioritization/Queuing of Projects Transfer Sites and Haul Routes: Impacts to Non-participating Residents and Neighborhoods On-Demand: Some may benefit without participation Public Input Disposal Sites The decisions involve an overall program, scope, format (on-demand or needs based) and funding. The Western Branch project could be advanced a year and developed in Fiscal Year 2006-2007, rather than currently planned, Adjustments in the funding would be necessary, Alternatives Continue current policy Construct transfer site(s) to facilitate Undertake one or more PPEA projects Advance Western Branch City project Government-provided overall program RECOMMENDATIONS Continue current policy; construct Transfer Sites to facilitate public and private projects Should the City Council desire to expand the City Dredging Program to include Neighborhood Channels, the recommended program would be: Citywide in Scope On-Demand/"51% "or similar Performed by Contract Funded by the Direct Beneficiaries September 28,2004 - 7- CITY MANA GER'S BRIEFING DREDGING ITEM # 53015 (Continued) Relative the Church Point and Thoroughgood areas, there are approximately one hundred fifty (I 50) dwelling units in those areas and the estimate of the yardage to be dredged is close to 100,000 yards. Therefore, 3% of the houses in this particular instance is generating 10% of the total demand, Therefore, the service is unequally distributed, Councilman Maddox advised many homes in his District are not able to launch a boat on their waterfront property. Emphasis was stressed relative appreciation of properties which reside on navigable water. This is a significant component. Council Lady Wilson concurred that navigable property would increase in value and suggested those property owners pay their fair share. Mr, Block advised for every $1.00 increase in total real estate tax revenue, fifty-three percent (53%) of that goes to the Virginia Beach School system and would not be available to the City for particular programs. Phillip Roehrs, Beach Management - Public Works, advised the time frame to perform the dredging on Western and Eastern branches would be six (6) to eight (8) months for the main channels, depending on the amount of dredging necessary. Mr, Block advised this is a navigational system. The Scientific community is divided on the appropriateness of dredging as a Storm water improvement. Mayor Oberndorf referenced the Sandbridge Special Tax District encompassing an additional real estate tax, and lodging tax in those areas. Mr, Block advised the share of the cost of sand is easily provided through this method as well as a Tax Increment Financing (TIF). Mayor Oberndorf suggested a program of this type be utilized by the waterfront property owners, Vice Mayor Jones requested a proposed plan be provided. After presentation to City Council, Public Information Sessions will be held. Information in the form of a Memorandum shall be provided relative estimates for construction of transfer sites (approximately $100,000 each) as well as availability and impact on residences. Potential sites which are on City property have been identified. Mr, Block advised in the 1997 Report, eight hundred sixty (860) property owners were surveyed. Information shall be furnis hed concerning various scenarios of funding: i, e, cost sharing arrangements, A plan shall be compiled to identify the Transfer Sites with explanation of the options for funding with approximate costs relative Tax Increment Financing and a Special Tax District combined, September 28,2004 - 8- CITY COUNCIL COMMENTS AND CITY COUNCIL LIAISON REPORTS 3:10 P.M. ITEM # 53016 Councilman Schmidt referenced the Biennial Budget Task Force Report to City Council and the Virginia Beach School Board on September 21, 2004, Catheryn Whitesell, Director of Management Services, requires a response relative acceptance of this concept by October Fifth. Biennial Budget Task Force Councilman Peter W. Schmidt Councilman Ron A. Villanueva Councilman James L. Wood School Board Chairman Dan Edwards School Board Member Ed Fissinger City Manager James K. Spore School Superintendent Dr. Timothy R. Jenney Councilman Villanueva advised a specific example was requested concerning the Biennial Budget i.e. Police Department utilized as an example of the process. The City Manager advised: By law, the City Council must adopt a Budget for a one year period. The Public Hearing and Adoption process in the second year thus will be necessary. Hopefully, the second year will be the year of adjustments for unanticipated needs (i. e. VRS, Hurricanes). The experience in Chesterfield has been one of adjustment rather than just starting from "scratch". One or two Workshops shall be scheduled focusing onjust the Capital Improvement Projects (CIP). Catheryn Whitesell, Director of Resource Management, advised the budget is not "zero based" each year, There are items which are assumed to be carried forward, i. e. picking up trash, paving roads, police and fire protection. With the second year, there should be savings in staff time with adjusting entries. The large volumes of the Operating Budget and Capital Improvement Plan will not be published in the second year. There will only be an "adjustment book". Mayor Oberndorf polled the Council Members relative direction to go forward with the Biennial Budget: process: Harry E. Diezel Robert M Dyer Vice Mayor Louis R. Jones Reba S. McClanan Richard A, Maddox Mayor Meyera E. Oberndorf Jim Reeve Peter W Schmidt Ron A. Villanueva Rosemary Wilson James L. Wood NAY AYE NAY NEUTRAL NAY A YE/pilot basis AYE AYE AYE AYE/pilot basis AYE September 28,2004 -9- CITY COUNCIL COMMENTS AND CITY COUNCIL LIAISON REPORTS ITEM # 53017 Councilman Maddox referenced his visit to Los Angeles, on Saturday, September 18, 2004, to view a BRT (Bus Rapid Transit). Los Angeles just purchased two hundred (200) vehicles. The first American made BRT vehicle cost $630,000 each and was just receivedfor testing. In approximately eight or nine months they will commence their BR T service. Light Rail rights- of- way have been acquired and the Light Rail projects have been discontinued to switch to BRT service. Council Lady McClanan referenced attending the Rail Volution 2004 Conference (September 18 - 22,2004) in Los Angeles, California: "Building Livable Communities with Transit". The national conference focused on how to transform the way communities are built, using transportation as a tool to shape the places people live, The members present advised research had been conducted on hybrids. Councilman Reeve advised last week he had the opportunity to utilize multiple mass transit systems throughout Europe. The focus in the Netherlands is on multi-modal, mass transit or bicycles. Bicycles have the right-of-way over everyone. Switzerland leans toward the pedestrian, who can walk across any road at a crosswalk without waiting for a signal. The vehicles must stop for the pedestrian. Council Lady McClanan advised the cost of gas in Europe is $4,50 to $5.00 a gallon, When she was there with her daughter in Italy, everyone rode the buses. ITEM # 53018 Councilman Schmidt referenced the Community Biennial Budget Meeting on September 21, 2004, 7:00- 10:00 P.M., Building 19, Over eighty (80) citizens were present, Councilman Schmidt was impressed by the representatives positive attitude toward Virginia Beach. Mayor Oberndorf referenced the compliments of ladies attending, who had just moved to Virginia Beach recently and were very impressed with this process and the availability of the municipal government. ITEM # 53019 Mayor Oberndorfreferenced correspondence from the Honorable John J. Welch, II, Virginia House of Delegates, re lack of knowledge concerning the Community Legislative Agenda and the Mayor's reply, Said information is hereby made a part of the record. September 28,2004 - 10- AGENDA RE VIE W SESSION 3:40 P.M. ITEM # 53020 I PUBLIC COMMENT COMMUNITY LEGISLATIVE AGENDA for 2005 Councilman Villanueva distributed the DRAFT document re Purchase of Property Interests to Protect Naval Air Station Oceana. Councilman Villanueva requested this item be added to the Community Legislative Agenda, Mayor Oberndorf referenced the Resolution requesting the City's Congressional Delegation support federal fundingfor the Cooperative Purchase of Development Rights to properties affected by the Navy's OPNA V Instruction 1l010.36B (ADOPTED: September 14, 2004). Congressman Edward L. Schrock's office advised the Mayor they believe this is premature as the Joint Land Use Study (JLUS) has not been completed. Many of the States have made these funds available, not the Federal Government. The City Manager advised the Community Legislative Agenda will be SCHEDULED for Adoption on November 12, 2004. This information could be incorporated into the package then. ITEM # 53021 K.2. Ordinance to AMEND and REORDAIN S 2-6 of the City Code re the membership of the Resort Advisory Commission (RA C). Mayor Oberndorf referenced correspondence of William D. Almond, Chair - Resort Advisory Commission, relative their concern re representation that the Resort Retailers Association, Virginia Beach Hotel-Motel Association, Virginia Beach Restaurant Association, Chamber of Commerce and Council of Civic Organizations are no longer guaranteed. These Associations represent the largest group of stakeholders in the Resort Area. Said correspondence is hereby made a part of the record. The proposed amendment will require City Council to appoint at least one member from each of the aforementioned organizations when appointing members to the Resort Advisory Commission (RAC). Councilman Wood advised these members are still appointed by City Council. ITEM # 53022 K.3, Ordinance to APPROPRIATE $1,750,000 in FY 2003- 2004 School Reversion Funds re equipment and vehicle replacements. Councilman Wood distributed a partial Verbatim re April 20, 2004, City Council and School Board Workshop, The School Board made apparent the importance of the priority of other Capital projects: i.e. Alternative Education Center. Vice Mayor Jones advised the Virginia Beach Schools needs to purchase buses and if the order is placed now, significant savings will result. Council Lady Wilson advised buses are not a "one time" cost and buses should be part of the operating budget. The City Manager advised the School's Reversion Funds will be approximately $19-MILLION. The School Board has acknowledged they should replace the bus fleet on a regular basis and not have to rely on end- of year fund balance Reversionary funds, September 28,2004 - 11 - AGENDA RE VIE W SESSION ITEM # 53023 BY CONSENSUS, the following shall compose the CONSENT AGENDA: RESOLUTIONS/ORDINANCES K.1. Ordinance to AUTHORIZE the sale of EXCESS property to New Greater Mount Sinai Baptist Church at Blackwater Loop and ACCRUE the proceeds to various school site acquisitions. (Resolution adopted August 5, 2002) K.2. Ordinance to AMEND and REORDAIN J 2-6 of the City Code re the membership of the Resort Advisory Commission (RAC). K.3. Ordinance to APPROPRIATE $1,750,000 in FY 2003- 2004 School Reversion Funds re equipment and vehicle replacements. K.4. Ordinance toAPPROPRIATE $89,423 from the Virginia Aquarium and Marine Science Center Foundation to the FY 2004-2005 Operating Budget of the Department of Museums and Cultural Arts re two full-time Curator positions for their stranding program. K.5. Ordinance to ACCEPT and APPROPRIATE $68,103 from the Department of Justice Local Law Enforcement Block Grant and TRANSFER $7,566 from the General Fund Reserve for Contingencies re: a. Police Department mugshot capture station, digital camera and forensic light source kit b. Community Corrections Office re contracted manpower $15,700 $11,159 c. Sheriff's Department re the Law Enforcement Training Academy $23,848 K. 6. Resolution to A UTHORIZE the City Manager to execute a Memorandum of Understanding (MOU) with Hampton Roads Squadron and The Association of Naval Aviation, Inc. (ANA), re the placement of a Naval Aviation Memorial on public property at 25th Street and Atlantic Avenue to be named "Monument Park". September 28,2004 - 12- AGE N DA REV I E W S E S S ION ITEM # 53024 BY CONSENSUS, the following shall compose the CONSENT AGENDA: M,I. Application of THERESA M., GRUBBS for a freestanding mobile home on her property in the A-I and A-2 Agricultural Zoning District at 5140 Blackwater Road. (DISTRICT 7 - PRINCESS ANNE) M.2. Application of HOWARD HOLZMACHER for a Conditional Use Permit for firewood vrevaration at 3308 Heffington Drive. (DISTRICT 7 - PRINCESS ANNE) M.3, Application of CHESAPEAKE ATLANTIC DEVELOPMENT GROUP, L.L.c. to construct two (2) single family residences at Holland Road and Litchfield Way: (DISTRICT 7 - PRINCESS ANNE) a, Change of Zoning District Classification from AG-1 and AG-2 Af!ricultural Districts to R-20 Residential District b. Variance to S 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) , M.4. Petition for a Variance to S 4.4(b) to the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) for JANE and WINTHROP SHORT at 208 and 210 75h Street to resubdivide the lots to accommodate two detached sinf!le-familv dwellinf!s. (DISTRICT 5 - LYNNHA VEN) M.5. Application ofSAIR ENTERPRISES for a Modification of Conditional Use Permits approved by City Council on March 14, 1966 and December 12, 1983 (Harry L. Partridge) to construct a new auto service station and convenience store at 6016 Indian River Road. (DISTRICT 1- CENTERVILLE) M.6, Application of ENTERPRISE RENT-A-CARfor a Conditional Use Permit for motor vehicle rentals at 141 Spruce Street. (DISTRICT 3 - ROSE HALL) Council Members Diezel, McClanan and Wood will vote a VERBAL NAY on Item M.l. (GRUBBS), if this item is on CONSENT September 28,2004 - 13- ITEM # 53025 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 following purpose: PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2- 3711 (A) (1), Appointments: To Wit: Appointments: Boards and Commissions: Bicycle and Trails Advisory Committee Historical Review Board Minority Business Council Parks and Recreation Commission Public Library Board Resort Advisory Commission - RAC Review and Allocation Committee (COG) Social Services Board Towing Advisory Board Evaluation of City Council Appointees PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, the disposition of publicly-held property, plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.2-3711 (A)(3) , Acquisition/Disposition of Property: Bayside District Rose Hall September 28,2004 - 14- ITEM # 53025 (Continued) Upon motion by Councilman Wood, seconded by Councilman Schmidt, City Council voted to proceed into CLOSED SESSION (3:58 P.M.) Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W. Schmidt, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva (Closed Session: 3:58 P.M. - 5:30 P.M.) (Dinner: 5:45 P.M. - 5:55 P.M.) September 28,2004 - 15 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL September 28,2004 6:00 P.M. Mayor Meyera E. Oberndorfcalled to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, September 28,2004, at 6:00 P.M. Council Members Present: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Reverend W Samuel Walton Union Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accountingfirm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge, In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare andfile the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes ths disclosure. Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record. September 28, 2004 - 16- Item V-E.1. CERTIFICATION OF CLOSED SESSION ITEM # 53026 Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council, Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 28,2004 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 53025, page 13, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3711 (A) ofthe Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOL YED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ~. th Hodges mith, MMf - City Clerk September 28, 2004 - 17- Item V-F.1. MINUTES ITEM # 53027 Upon motion by Council Lady Wilson, seconded by Councilman Schmidt, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of September 14, 2004. Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, RichardA, Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 28,2004 - 18- Item V-G. 1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 53028 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION September 28,2004 - 19- Item V-H.1. ITEM # 53029 Mayor Oberndorf DECLARED A PUBLIC HEARING: BLACKWATER LOOP - EXCESS PROPERTY There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. September 28,2004 - 20- Item V-H.2. ITEM # 53030 Mayor Oberndorf DECLARED A PUBLIC HEARING: BIKEWAYS AND TRAILS PLAN The following registered to speak in SUPPORT: Eric Koehn, 1204 Whitestone Way, Phone: 563-0195, in 1983 represented Virginia Beach in the Olympic Trials bike racing. and his dream to have a dedicated 12 mile loop course for bike races. FredAdams, 1548 Edgewater Drive, Phone: 467-2775, Tidewater Bicycling Association, recognized the key participants in the Bikeways and Trails Plan: Lead Department / Parks and Recreation: Cindy Curtis, Director, Carol Rizzo, Frank Fentress, Barry Frankenfield; Planning - Robert Scott, Director, Clay Bernick, Project Manager; Travis Campbell, Anne Companion, Calvin Jackson; Public Works - Dean Morgan, John Stourbridge; Police Department - Scott Humphrey; and, Health Department - Charlene Learner; Planning Commission - Eugene Crabtree. All stood in recognition. Mr, Adams suggested the Bikeways and Trails Plan be submitted to the League of American Bicyclists for consideration under their bicycle friendly program, Mr. Adams believes this is a good candidate for silver medal recognition. Attorney Michael I. Ashe, 729 Vanderbilt Avenue, Phone: 422-1278, Tidewater Bicycling Association Adam Rex, 2337 Cornick Drive, Phone: 631-3008, submitted petition containing over 140 signatures in SUPPORT. Said petition is hereby made a part of the record Todd Breeding, 2489 North Landing Road, Phone: 427-2841 Tom Coghill 804 Surfside Avenue, Phone: 422-3425, Tidewater Bicycle Association Todd Solomon, 2260 First Landing Lane, Phone: 496-5733, represented the Shore Drive Community Coalition, who endorses the Plan Thomas Frohlich, 444 Cold Spring Road, Phone: 498-7492, President - Tidewater Bicycle Association and retired Naval Officer There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING September 28,2004 - 21 - Item V-I. 1. ITEM # 53031 Mayor Oberndorf DECLARED A PUBLIC COMMENT: COMMUNITY LEGISLATIVE AGENDA for 2005 The following registered to speak: William Bailey, 4841 Rosecroft Street, Phone: 495-0637, represented the Virginia Beach Professional Firefighters, Mr. Bailey expressed concerns re "LEO, Item 13, under retirement coverage for Emergency Medical Technicians. There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC COMMENT SESSION September 28,2004 - 22- Item V-K.. ORDINANCES/RESOLUTION ITEM # 53032 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED in ONE MOTION Resolutions/Ordinances 1.,2,3,4, 5a/ble and 6 of the CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 28,2004 - 23- Item V-K.l. ORDINANCES/RESOLUTION ITEM # 53033 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance toAUTHORIZE the sale of EXCESS property to New Greater Mount Sinai Baptist Church at Blackwater Loop and ACCRUE the proceeds to various school site acquisitions. (Resolution adopted August 5, 2002) Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, James 1. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 28,2004 1 AN ORDINANCE TO ACCRUE THE 2 PROCEEDS FROM THE SALE OF SURPLUS 3 PROPERTY LOCATED ON BLACKWATER 4 LOOP (l.296:t ACRES) IN VIRGINIA BEACH, 5 VIRGINIA TO CIP 1-006, VARIOUS SCHOOL 6 SITE ACQUISITION 7 8 WHEREAS, the representatives of the New Greater Mount Sinai Baptist Church 9 have requested the School Board of the City of Virginia Beach to sell to the church 1.296 i: acres 10 of land located off of Blackwater Loop, having a GPIN of 1399-02-3686, and being described iri 11 Exhibit A attached hereto, (the "Property"). 12 WHEREAS, the School Board of the City of Virginia Beach determined the 13 Property to be surplus and in accordance with ~ 22.1-129 of the Code of Virginia of 1950, as 14 amended, adopted a Resolution on August 5, 2003, which is attached hereto as Exhibit B, and 15 which was recorded as Instrument Number 200312190211528 in the land records of the clerk's 16 office of the Circuit Court of the City of Virginia Beach, and which authorized, the conveyance 17 of the Property to the City of Virginia Beach. 18 WHEREAS, the City Council is of the opinion that the Property is in excess of the 19 needs of the City of Virginia Beach and by Ordinance adopted simultaneously herewith has agreed 20 to sell the Property to the New Greater Mount Sinai Baptist Church. 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF 22 THE CITY OF VIRGINIA BEACH, VIRGINIA: 23 That any and all proceeds from the sale of the Property shall be applied to CIP 1- 24 006, Various Schools Site Acquisition. 25 This ordinance shall be effective from the date of its adoption. 26 Adopted by the Council of the city of Virginia Beach, Virginia, on the 2 B th day of 27 s~~~~)t: Q ,2004. 28 APPROVED AS TO CONTENT 29 30 ;~ r C.(JMs1>-- 33 /Real Estate 34 35 CA-GJe15?l 36 R-I 37 PREPARED: City Attorney's Real Estate Office 38 39 40 F:\Data\ATY\Forms\Excess\DF5317 Blackwater\Ordinance $$ to schools.doc 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 APPROVED AS TO LEGAL SUFFICIENCY ~ City Attorney's Office EXHffiIT A ALL THAT certain lot, piece or parcel of land together with improvements thereon belonging, lying, situate and being in Blackwater Magisterial District in the City of Virginia Beach (formerly Princess Anne County), State of Virginia, and bounded and described as follows, to wit: Beginning at the northwestern intersection of a private road with Blackwater Road and running thence along said private road N 82 degrees W 416 feet; thence N 8 'li degrees W 208 feet; thence S 82 degrees E 300 feet to the western side of Black Water Road; thence along last said road S 5 'li degrees E 79 feet, more or less, to a bend in said road and thence continuing along said road S 30 'li degrees E 153 feet, more or less to the point of beginning, containing 2 acres, more or less. It being the same property conveyed to the City of Virginia Beach by Deed of Dedication dated October 22, 2003 from the School Board of the city of Virginia Beach, recorded December 19, 2003 in Instrument No. 200312190211529. SCHOOL BOARD Daniel D, Edwards Chairman District 1 - Cenlerville 1513 Beachview Drive VA Beach, VA 23464 495-3551 (h) .717-0259 (cell) Neill. Rose Vice Chairman At-Large 1337 Harris Road VA Beach, VA 23452 463-3823 (h) .497-6633 (w) Jane S. Brooks District 6 - Beach 721 Hilltop Road VA Beach, VA 23454 425-1597 (h) Emma L "Em" Davis DistrictS - Lynnhaven 1125 Michaelwood Drive VA Beach, VA 23452 340-8911 (hI A. James "Jim" DeBellis District 2 - Kempsville 4545 Bob Jones Drive VA Beach, VA 23462 467-2457 (hI Dan R. Lowe District 4 - Bayside 4617 Red Coat Road VA Beach, VA 23455 490-3681 (hI Sandra Smith.Jones At-Large 705 Rock Creek Court VA Beach, VA 23462 490-8167 (h) Michael W. Stewart District 3 - Rose Hall 105 Brenlwood Court VA Beach, VA 23452 498-4303 (h) . 445-4637 (wI Arthur T. Tate At-Large . 1709 Ladysmilh Mews VA Beach, VA 23455 460-5451 (h) Carolyn D. Weems AI-Large 1420 Claudia Drive VA Beach, VA 23455 464-6674 (h) Lois S. Williams. Ph,D, District 7 - Princess Anne 2532 Las Corrales Court VA Beach, VA 23456 233-0891 (w) SUPERINTENDENT Timothy R. Jenney. Ph.D, 2512 George Mason Drive VA Beach , VA 23455 427-4326 J~II J!ill'~WW !1,~~111 ~~,I/ III ~!' ~I "Exh ib i t ll" ~ City of Virginia Beach 12/19/2003 10:33:00AM J, Curtis Fruit, Clerk 'VIRGINIA BEACH CITY.Pl)BLt((tISCIDH(!)0tiS A H E ADO F THE g:S~ Rd Vb E I\ON EnOZ ..1.. (:~ n u :":., , ,!.) './ ~l8 . \I' !\ (1 ~~ C1 t:~ ()~) J ~j J.;J ;'J / (J 1 J j LI CONVEYANCE OF EXCESS SCHOOL PROPERTY WHEREAS; the School Board of the City of Virginia Beach (the "School Board") owns :t 1.45 acres (GPIN 1399-02~3686) of property off of Blackwater Loop as shown on the attached map dated July 29, 2003 (the "Property"); and WHEREAS, both City and School staff have been approached by representatives of an adjacent property owner, the Greater Mount Sinai Baptist Church about acquiring the Property; and WHEREAS, School staff has researched the Property and determined that there is no present or future school need for it; and WHEREAS, Section 22.1-129 of the Code of Virginia of 1950, as amended, provides for the conveyance of surplus school property to the City by the adoption of a resolution and tile recordation of a Deed in the Office of the Clerk of Courts; and . WHEREAS, the School Board desires that any and all proceeds from the sale of the Property be used for school site acquisition. NOW, THEREFORE, BE IT RESOLVED: That the School Board declares the Property to be surplus property and directs the School staff to work with the City Department of Public: Works/Real Estate Division and the Office of the City Attorney to effectuate the conveyance of the p'roperty to the City of Virginia Beach in accordance with the laws of the Commonwealth of Virginia; and be it FURTHER RESOLVED: That the School Board formally requests that City Council appropriate any and all proceeds from the sale of this property to CIP 1-006, Various Schools Site Acquisition; and be it FURTHER RESOLVED: That a copy of this resolution be delivered promptly to the City Council, City Manager and City Clerk by the Clerk of the Board. Adopted by the School Board of the City of Virginia Beach this 5th day of August 2003 ATTEST: ~~ Chairman ~~~ Dianne P. Alexander Clerk of the Board GPIN: 1399-02-3686 School Administration Building. 2512 George Mason Drive. P. 0, Box 6038 . Vir~inia Beach VA ,)1Ar:;t.~N\1n Property Owned by: "School Trustees for the County School Board of Princess Anne County" s prepared by: Administrative Support Services Facilities Planning and Construction Demographics and Planning July 29, 2003 N W*E -----~~----------\,' .. , , o .~ ~ CJ , , , , , , , , , , , , , , , , , , , , +/- 1.45 Acres ~ -----=~ O:~ ~ , , I ~ / I \ I 'j I I , , " , , , , , , , , , '...... ~ Parcel Information: GPIN: 1399-02-3686 Acreage: +/- 1.45 Acres 300 600 Feet o I 1 AN ORDINANCE TO ACCEPT A DEED FROM 2 THE SCHOOL BOARD OF THE CITY OF 3 VIRGINIA BEACH FOR SURPLUS PROPERTY 4 LOCATED ON BLACKWATER LOOP (1.296:t 5 ACRES) IN VIRGINIA BEACH, VIRGINIA, TO 6 DECLARE SAID PROPERTY EXCESS, AND TO 7 AUTHORIZE THE CITY MANAGER TO SELL 8 SAID PROPERTY TO TRUSTEES OF THE NEW 9 GREATER MOUNT SINAI BAPTIST CHURCH 10 11 WHEREAS, the representatives of the New Greater Mount Sinai Baptist Church 12 have requested the School Board of the City of Virginia Beach to sell to the church 1.296:t acres 13 of land located offofBlackwater Loop, having a GPIN of 1399-02-3686, and being described in 14 Exhibit A attached hereto, (the "Property"). 15 WHEREAS, the School Board of the City of Virginia Beach determined the 16 Property to be surplus and in accordance with ~ 22.1-129 of the Code of Virginia of 1950, as 17 amended, adopted a Resolution on August 5, 2003, which is attached hereto as Exhibit B, and 18 which was recorded as Instrument Number 200312190211528 in the land records of the clerk's 19 office of the Circuit Court of the City of Virginia Beach, and which authorized, the conveyance 20 ofthe Property to the City of Virginia Beach. 21 WHEREAS, the City Council is of the opinion that the Property is in excess of the 22 needs of the City of Virginia Beach. 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF 24 THE CITY OF VIRGINIA BEACH, VIRGINIA: 25 1. That the City Council of the City of Virginia Beach hereby accepts 26 the conveyance of the Property from the School Board of the City of Virginia Beach as provided 27 in the Deed that was recorded as Instrument No. 200312190211529 in the land records of the 28 Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. 29 2. That the Property is hereby declared to be in excess of the needs of 30 the City of Virginia Beach. 31 3. That the City Manager is hereby authorized to enter into an 32 agreement of sale in accordance with the Summary of Terms attached hereto as Exhibit ~.. and to 33 execute any and all documents necessary in order to convey the Property to the New Greater 34 Mount Sinai Baptist Church. 35 4. That any building site( s) created on the Property shall connect to 36 public water and sewer where available. 37 This ordinance shall be effective from the date of its adoption. 38 Adopted by the Council of the city of Virginia Beach, Virginia, on thEP 'v- 28th day of 39 Sept. , 2004. 40 APPROVED AS TO CONTENT 41 42 43 C)/J1YVl :~ ~arrE~~e~ M- 46 47 CA-8996 48 R -1 49 PREPARED: City Attorney's Real Estate Office 50 F:\Data\ATY\Forms\Excess\DF5317 Blackwater\Ordinance3.doc APPROVED AS TO LEGAL SUFFICIENCY ~ City ttorn y's Office 51 52 53 54 55 56 .. EXHIBIT A ALL THAT certain lot, piece or parcel of land together with improvements thereon belonging, lying, situate and being in Blackwater Magisterial District in the City of Virginia Beach (formerly Princess Anne County), State of Virginia, and bounded and described as follows, to wit: Beginning at the northwestern intersection of a private road with Blackwater Road and running thence along said private road N 82 degrees W 416 feet; thence N 8 Y2 degrees W 208 feet; thence S 82 degrees E 300 feet to the western side of Black Water Road; thence along last said road S 5 12 degrees E 79 feet, more or less, to a bend in said road and thence continuing along said road S 30 12 degrees E 153 feet, more or less to the point of beginning, containing 2 acres, more or less. It being the same property conveyed to the City of Virginia Beach by Deed of Dedication dated October 22, 2003 from the School Board of the city of Virginia Beach, recorded December 19, 2003 in Instrument No. 200312190211529. :> w 0:: .q- o o N W Z :J --:> :r: 00> <(N W~ OJ N . Cl 0 <( ZLLA'~> _O.......N ~?:Z86N I TV '1\ 0 <( UJW,-,NW I-o..n:dill <(O>Z<( ...JD::: f-- o..o..lLifi ~- 0:::;:(90 ~ D::: 0 ~ 5 .- >-In 1-6 o W -.J c( U UJ ~ol>-\) ~ l>-'\~~ ~\.t>-C'f: I \3L/>.CI<\N/>. iE.R LOOf' \<\6 55 P ,2. I/) N Z ~ o .,. UJ IX! 5 0:: N ... W IX! ... I N- m o.....~ g ~olL<j'<.i8 Z::2:l/)o><N I/)~Od Z m...<<!Z 0:::;: .. Nf- [ ~ ifi <( " :::;: ill ~ ~ V') 6: I U <( W . co ro :g :::s N 7 ~ ~l!;~ ~ 0:: a:l 01 5:g~::g~ u..mui~"'" o :::;: 1/)'" z ~ f5 u N 00'40'00' W 208.00' z <( ::2: NO W NlOlO 0:: ...N" ~ e~ lL~o~ Z lO ~O lO:gJ, ~...: ~~~ <( m'" ::2: Oz 0:: o _ r7'- ---~----- w z <( F" UJg -N 0::, IN l1..UO '- . d, zO::Cl> ,.., I'" a.. .. WZ (/)ii: 0" ~ o o o o .M "Ot,Hao s ,OO'OLZ 98L d ZtOZ sa ~ H::nJnHJ 1 IV'NIS '.Lr4 . SlldV'8 3H1:.l0 ~3.L V'3~~ S331Snlli ,OO'O~C: 3 "Ot,LL.SO N <( . lO mUO> -.J<(lL ~CO'" O::..t:~ <(Om 0.......:::; ...... W f- in :; n: ~~v ~o-"" Ol/)lL 0::1/)1' 'om~ N::d I <( ?- m I x w ci ~ Clic ~ . t:J ~ 0..6:=< ::::lClz ::li'5~ <(~o C>cn~ ~li: ~::l ~ '" 0:: ::J Ul o Z < V') w u ~ ~ o VI V') :> o n: < >~ :::;:~ o~ a:~ o V') wO -1-1 ii:!!:! :::;l1.. 8< CSf- wai m13 V') 0:: <lL :c~ f-f- <(0 -Iz "lL ~VIVI o-w z~g I~J1II1Wl'~(~W1IJJl'11l~~:'I(II~i'~1 "Exhibit B" ~ Clty of Vlrglnia Beach 12/19/2003 10:33:00AM 'ViRGINiAiaCEACH CITY PVBLt~~H(!)01S A H E ADO F THE {k:.lf Rd V6 E ~\mHOOZ SCHOOL BOARD Daniel D, Edwards Chairman District 1 - Centerville 1513 Beachview Drive VA Beach, VA 23464 495-3551 (h) . 717-0259 (cell) Neil L. Rose Vice Chairman At-Large 1337 Harris Road VA Beach, VA 23452 463-3823 (h) .497-6633 (w) Jane S, Brooks District 6 - Beach 721 Hilltop Road V A Beach, VA 23454 425-1597 (h) Emma L "Em" Davis District 5 - Lynnhaven 1125 Michaelwood Drive VA Beach, VA 23452 340-8911 (h) A James "Jim" DeBellis Districl 2 - Kempsville 4545 Bob Jones Drive V A Beach, VA 23462 467-2457 (h) Dan R. Lowe Dislrict 4 - Bayside 4617 Red Coal Road VA Beach, VA 23455 49a-3681 (h) Sandra Smith.Jones At-large 705 Rock Creek Court VA Beach, VA 23462 490-8167 (h) Michael W, Stewart District 3 - Rose Hall 105 Brentwood Court VA Beach, VA 23452 498-4303 (h) . 445-4637 (w) Arthur T. Tate At-Large . 1709 Ladysmilh Mews VA Beach, VA 23455 46a-5451 (h) Carolyn D. Weems At-large 1420 Claudia Drive VA Beach, VA 23455 464-6674 (h) Lois S. Williams, Ph.D, District 7 - Princess Anne 2532 Las Corrales Court VA Beach, VA 23456 233-0891 (w) SUPERINTENDENT Timothy R. Jenney, Ph.D. 2512 George Mason Drive VA Beach. VA 23455 427-4326 I I..' (' (", ~" " ' -1 _r"1 ',:' ^ '.". ~_._ I I'....; ,,' ,! ','''''. G V l\ (1:4 (J U ()~) ~ d 1. () ~-'J / (J I J J 1:1 CONVEYANCE OF EXCESS SCHOOL PROPERTY WHEREAS, the School Board of the City of Virginia Beach (the "School Board") owns :t 1.45 acres (GPIN 1399-02-3686) of property off of Blackwater Loop as shown on the attached map dated July 29, 2003 (the "Property"); and WHEREAS, both City and School staff have been approached by representatives of an adjacent property owner, the Greater Mount Sinai Baptist Church about acquiring the Property; and WHEREAS, School staff has researched the Property and determined that there is no present or future school need for it; and WHEREAS, Section 22.1-129 of the Code of Virginia of 1950, as amended, provides for the conveyance of surplus school property to the City by the adoption of a resolution and the recordation of a Deed in the Office of the Clerk of Courts; and . WHEREAS, the School Board desires that any and all proceeds from the sale of the Property be used for school site acquisition. NOW, THEREFORE, BE IT RESOLVED: That the School Board declares the Property to be surplus property and directs the School staff to work with the City Department of Public Works/Real Estate Division and the Office of the City Attorney to effectuate the conveyance of the p'roperty to the City of Virginia Beach in accordance with the laws of the Commonwealth of Virginia; and be it FURTHER RESOLVED: That the School Board formally requests that City Cduncil appropriate any and all proceeds from the sale of this property to CIP 1-006, Various Schools Site Acquisition; and be it FURTHER RESOLVED: That a copy of this resolution be delivered promptly to the City Council J City Manager and City Clerk by the Clerk of the Board. Adopted by the School Board of the City of Virginia Beach this 5th day of August 2003 ~~ Chairman ATTEST: ~p.~ Dianne P. Alexander Clerk of the Board GPIN: 1399-02-3686 School Aciminic:.tr~ti()n Rllilnina . .,C; I? ~Q.r'\rcro M~C,'l"\n C"'\...i\ln. . 0 r\ 0......'-1 L.n.,o .. \/:__:_:_ O___L \/A '"\"" ~,.., ^^""lI^ Property Owned by: "School Trustees for the County School Board of Princess Anne County" s prepared by: Administrative Support Services Facilities Planning and Construction Demographics and Planning July 29, 2003 N W+E ...-::.-:..:.-:-:-:-:..........,," 0 I I ~ ~ _, ~ .' .~ a ..0 ~ n 0 :::.:::.... ..P , ,- , , CJ --===--= ~ , , , . , , , , , , " " , , , , , , , , , \.....' ~ Parcel Information: GPIN: 1399-02-3686 Acreage: +/- 1.45 Acres 300 600 Feet o I EXHIBIT C SUMMARY OF TERMS SALE OF EXCESS PROPERTY ON BLACKWATER LOOP SELLER: City of Virginia Beach PURCHASER: Great Mt. Sinai Baptist Church PROPERTY: Approximately 56,458~ (1.296~ acres) SALE PRICE: $18,000 as per appraisal CONDITIONS OF SALE: . The property shall be resubdivided to eliminate lot line between GPIN 1399-02-3686 and GPIN 1399-02-5434 (Greater Mt. Sinai Baptist Church) . The buyer shall grant ingress/egress easements over driveways . The buyer will take the property subject to the rights of the public to use an existing 20' private road on the south side adjacent to the property D r__ o 0 D o lo" D.- 00 "-'--/ "-. )( --- - -... -.::: -- "- 00 \ J~ Barron ~ McPherson 1399-02-1828 c;l __ oJ \-i _ - __--- - /' '('-'/ '-.-::::- CJ o PROP. INGRESS/ 0 EGRESS EASEMENT ~ D~/,.. P \ ~ MaNin Foreman 1399-02-1760 G~~ Joseph R. Christian 1399-02-2307 \..- r 0[7 PROP. INGRESS/ EGRESS EASEMENT MT. SINAI CHURCH LOCA liON MAP FOR EXCESS CITY OWNED PROPERTY ON BLACKWATER LOOP SCALE: 1" = 200' - 24- Item V-L2. ORDINANCES/RESOLUTION ITEM # 53034 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to AMEND and REORDAIN 92-6 of the City Code re the membership of the Resort Advisory Commission (RAC).. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A, Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 28,2004 1 2 3 4 5 6 AN ORDINANCE TO AMEND AND REORDAIN SECTION 2-6 7 OF THE CITY CODE PERTAINING TO THE COMPOSITION 8 OF THE RESORT ADVISORY COMMISSION 9 10 Section Amended: City Code 9 2-6 11 12 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 13 VIRGINIA: 14 That Section 2-6 of the City Code is hereby amended and reordained to read as 15 follows: 16 Sec. 2-6. Resort advisory commission. 17 18 (c) The commission shall consist of at least eleven (11), but not more than, 19 nineteen (19) members. In selecting members of the commission, the 6 City 20 6 Council shall give special consideration to the representatives appoint at 21 least one representative from each of the following organizations: Virginia 22 Beach Hotel/Motel Association, Virginia Beach Restaurant Association, 23 Resort Retailers Association, Virginia Beach Division of the Hampton Roads 24 Chamber of Commerce, and Virginia Beach Council of Civic Organizations. 25 The 6 City 6 Council shall also appoint to the commission at least three (3) 26 design professionals having expertise in the fields of architecture, urban 27 design, land use planning, landscape architecture, transportation planning, or 1 28 other design fields relevant to the purposes for which the commission was 2 9 created. 30 In the event of a conflict between the provisions of this s Subsection and any other 31 ordinance or bylaw, the provisions of this s Subsection shall control. 32 (d) This ordinance supersedes Ordinance No. ~ 2826 adopted by 6 City 6 33 Council on December 18, 2001 June 22.2004. 34 35 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 28TH day 36 of September, 2004. 2 - 25 - Item V-L3. ORDINANCES/RESOLUTION ITEM # 53035 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to APPROPRIATE $1,750,000 in FY 2003-2004 School Reversion Funds re equipment and vehicle replacements Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 28,2004 1 2 3 4 5 6 7 8 AN ORDINANCE APPROPRIATING $1,750,000 OF FUND BALANCE IN THE GENERAL FUND TO CAPITAL PROJECT# 1-011, EQUIPMENT AND VEHICLE REPLACEMENT, FOR THE REPLACEMENT OF SCHOOL BUSES WHEREAS, by resolution dated September 7, 2004, the 9 School Board formally requested the city Council to appropriate of 10 $1,750,000 in FY 2003-04 school reversion funds for the purchase of 11 replacement school buses. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA: 15 16 17 That $1,750,000 from the Fund Balance of the General 18 Fund is hereby appropriated to Capital project #1-011, Equipment 19 and Vehicle Replacement, for the purpose of replacing school 20 buses, with revenue increased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th i!3Y "Jf SE'pt 2004 Requires an affirmative vote by a majority of the members of city Council. Approved as to Content: Approved as to Legal Sufficiency: Management ~f 'ffl~ @ city Attorn~'s Off{ e jJ evvJ Q CA9379 R4 september 16, 2004 H:\PA\GG\ORDRES\SCHOOL'S Reversion FY 2004 CIP1-011 ord.DOC ,.. +IRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE RESOLUTION REGARDING FY 2003/04 REVERSION FUNDS (PARTIAL APPROPRIATION REQUEST) SCHOOL BOARD Daniel D. Edwards Chainnan District 1 - Centerville 1513 Beachview Drive VA Beach, VA 23464 495-3551 (h) . 717-0259 (cell) Sandra Smith.Jones Vice Chainnan District 2 - Kempsville 705 Rock Creek Court VA Beach, VA 23462 490-8167 (h) Rita Sweet Bellitto At.Large P.O. Box 64909 VA Beach, VA 23467 418-0960 (h) Jane S, Brooks District 6 - Beach 721 Hilltop Road VA Beach, VA 23454 425-1597 (h) Emma L "Em" Davis District 5 - Lynnhaven 1125 Michaelwood Drive VA Beach, VA 23452 340-8911 (h) Edward F. Fissinger, Sr. At-Large 412 Becton Place VA Beach, VA 23452 486-4567 (h) Dan R. Lowe District 4 - Bayside 4617 Red Coat Road VA Beach, VA 23455 490-3681 (h) Michael W, Stewart Districl3 - Rose Hall 105 Brentwood Court VA Beach, VA 23452 . 498-4303 (h) . 445-4637 (w) Arthur T, Tale At-Large 1709 Ladysmith Mews VA Beach, VA 23455 460-5451 (h) Carolyn D. Weems AI-Large 1420 Claudia Drive VA Beach, VA 23455 464-6674 (h) Lois S. Williams, Ph.D. District 7 - Princess Anne 2532 Las Corrales Court V A Beach, VA 23456 233-0891 (w) SUPERINTENDENT Timothy R. Jenney, Ph.D. 2512 George Mason Drive VA Beach, VA 23456 263.1007 WHEREAS, On August 17; 2004 the School Board was presented with a summary of the un-audited financial statement for FY 2003/04 realizing $13,205,888 in reversion funds; and WHEREAS, the reversion funds are the result of $6,476,862 in additional revenue and $6,729,026 in expenditures savings; and WHEREAS, the purchase of replacement buses is funded through Operating Budget funds and reversion funds, and WHEREAS, the reversion funds are not generally re-appropriated to the schools until October or November, and WHEREAS, the Administration recommends the re-appropriation of $1,750,000 of the $13.2 million in reversion funds for the purchase of replacement school buses, WHEREAS, the school division can realize a reduction in the per-unit cost of all buses purchased with the re-appropriation in September of$1.75 million from the FY 2003/04 reversion funds, now, therefore, be it RESOLVED: That the Board approves the recommended use of $1.75 million of the $13.2 million of FY 2003/04 reversion funds as presented by the Administration; and be it further RESOLVED: That the Board requests City Council re-appropriate this $1,750,000 to the School CIP Project 1-011 Equipment and Vehicle Replacements as soon as practicable, and be it further RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy ofthis resolution to the Mayor, each member of City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this ih day of September 2004. ~J~ //~~__L SEA L Daniel rttdwards, Chairm~ V . ~.~~~~ Dianne P. Alexander, Clerk of the Board CERTIFIED TO BEA TRUE AND CORRECT COpy ~'f.~ Clerk, School Board of the City of Virginia Beach "":tD~;:;~ School Administration Building. 2512 George Mason Drive. P.O. Box 6038 . Virginia Beach, VA 23456-0038 - 26- Item V-L4. ORDINANCES/RESOLUTION ITEM # 53036 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to APPROPRIATE $89,423 from the Virginia Aquarium and Marine Science Center Foundation to the FY 2004-2005 Operating Budget of the Department of Museums and Cultural Arts re two full-time Curator positions for their stranding program. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A, Villanueva. James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 28,2004 1 2 3 4 5 6 7 AN ORDINANCE TO APPROPRIATE $89,423 FROM THE VIRGINIA AQUARIUM AND MARINE SCIENCE CENTER FOUNDATION TO THE FY 2004-05 OPERATING BUDGET OF THE DEPARTMENT OF MUSEUMS AND CULTURAL ARTS TO FUND TWO FULL-TIME POSITIONS 8 WHEREAS, the Virginia Aquarium and Marine Science Center 9 Foundation ("the Foundation") has pledged to reimburse the City for 10 the cost of two additional full-time curators in the Virginia 11 Aquarium and Marine Science Center's stranding program. 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 1. That $89,423 in anticipated revenue from the Virginia Aquarium 15 and Marine Science Foundation is hereby appropriated to the FY 16 2004-05 Operating Budget of the Department of Museums and 17 Cultural Arts for operation of the Virginia Aquarium and 18 Marine Science Center's stranding program, with revenue from 19 local sources increased accordingly. 20 2. That two full-time equivalent curator positions are hereby 21 added to the FY 2004-05 Operating Budget of the Department of 22 Museums and Cultural Arts; provided, however, that continuing 23 these positions in future budget years is contingent upon 24 future funding from the Foundation. 25 Adopted by the Council of the City of Virginia Beach, Virginia, 26 on this 28th of Sept. , 2004. 27 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~u. ~/~Ii City Attor~e' Oft e' CA-9378 R-3 Sept 17, 2004 H:\PA\ordres\VB Aquarium and Marine Science Ctr Strand ord.doc 9-17-04; 6: 12PM;Vmsm Admin. office ;4374976 # 2/ 2 VIRGINIA A' QUA R I U M &. MARINE SCIENCE CENTER September 17,2004 Mr. Jim Spore, City Manager City of Virginia Beach Municipal Center, Building 1 2401 Courthouse Drive Virginia Beach, VA 23456 Dear Mr. Spore, This letter serves as confirmation that the Virginia Aquarium & Marine Science Center Foundation, Ine, (Foundation) will reimburse the City of Virginia Beach for all costs associated with two FTE positions previously funded through grant funds from the National Fisheries Service Prescott Grant. Although future Prescott funds are anticipated, there is currently a delay in the award process. So that the operations of the Stranding Program will continue without lapse, the Foundation guarantees the funding for these two Curator positions in the event of lapses or absence of grant funding. I would be happy to discuss this with you further should you have any questions need additional information, Thank you for your consideration. With Kind Regards, r---'-,,, I. )Ch--"7 --. Mr. Donald H, Patterson, Jr., President VIRGINIA AQUARIUM & MARINE SCIENCE CENTER FOUNDATION 717 GENERAL BOOTH BOULEVARD, VIRGINIA BEACH, VIRGINIA 23451 phone 757437-6010 . fax 757-437-4976 -27- Item V-L5.a/b/c ORDINANCES/RESOLUTION ITEM # 53037 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $68,103 from the Department of Justice Local Law Enforcement Block Grant and TRANSFER $7,566 from the General Fund Reserve for Contingencies re: a, Police Department mug shot capture station, digital camera and forensic light source kit $15,700 b. Community Corrections Office re contracted manpower $11,159 c. Sheriff's Department re the Law Enforcement Training Academy $23,848 Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 28,2004 1 AN ORDINANCE TO ACCEPT AND 2 APPROPRIATE $68,103 FROM THE U.S. 3 DEPARTMENT OF JUSTICE LOCAL LAW 4 ENFORCEMENT BLOCK GRANT AND 5 TRANSFER $7,566 FROM THE GENERAL 6 FUND RESERVE FOR CONTINGENCIES 7 8 WHEREAS, the U.S. Department of Justice has authorized 9 a grant of $68,103 to the City of Virginia Beach as part of 10 the 2004 Local Law Enforcement Block Grant program, and 11 this grant has a 10% match requirement. 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 13 CITY OF VIRGINIA BEACH, VIRGINIA: 14 1. That $68,103 is hereby accepted from the U.S. 15 Department of Justice and appropriated to the following 16 agencies and departments in the amounts and for the 17 purposes set forth below: 18 (a) $15,700 to the FY 2004-05 Operating Budget 19 of the Police Department for a mugshot capture 20 station, digital camera kit, and an al ternati ve 21 forensic light source kit; 22 (b) $11,159 to the FY 2004-05 Operating Budget of 23 the Community Corrections Office for contracted 24 manpower; 25 (c) $23,848 to the FY 2004-05 Operating Budget 26 of the Sheriff's Department for the Law 27 Enforcement Training Academy; and 28 (d) $17,396 to the FY 2004-05 Operating Budget 29 of the General District Court Budget for 30 teleconferencing equipment. 31 2. That $7,566, which will serve as the local match 32 requirement, is hereby transferred from the General Fund 33 Reserve for Contingencies to the FY 2004-05 Operating 34 Budget of the General District Court Budget to fund 35 teleconferencing equipment. 36 3. That estimated revenue from the federal government 37 in the 2004-05 Operating Budget is hereby increased by 38 $68,103. 39 Adopted by the Council of the City of Virginia Beach, 40 Virginia on the .f~1h day of Sept,. 2004. ..~ Approved as to Content Approved as to Legal Sufficiency Itf~ J:r.f/. lty Attor CA9377 R3 September 16, 2004 H:\PA\GG\ORDRES\LLEBG ord.doc Office of the Director Washington, D.C. 20531 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance July 22, 2004 Mr. Spore City Manager, Virginia Beach City City Manager's Office Municipal Center Virginia Beach, VA 23456-9001 / RE: Fiscal Year 2004 Local Law Enforcernent Block Grants Program Dear Mr. Spore: I am pleased to inform you that I have approved the application for funding under the Bureau of Justice Assistance's (BJA) Fiscal Year 2004 Local Law Enforcement Block Grants (LLEBG) Program in the amount of $68,102 for Virginia Beach City. The purpose of the LLEBG Program is to reduce crime and improve public safety. This Block Grant Award may be used for any of the purpose areas described in the statute. Enclosed you will find the Grant A ward and Special Conditions documents. If you have any programmatic questions regarding this award, please contact BJA's Programs Office at (202) 514-6638. In addition, all fmancial questions regarding this award should be directed to the Office of the Comptroller, Customer Service Division at (800) 458-0786. I look forward to a continuing partnership with Virginia Beach City in furtherance of this important criminal justice program. Sincerely yours, d).Ii-u Domingo S. Herraiz Director Attachments COMMONWEALTH of VIRGINIA Judges ROBERT L. SIMPSON, JR. VIRGINIA L. COCHRAN THOMAS M. AMMONS, III J. DALE BIMSON . PAMELA E. HUTCHENS ALBERT D. ALBERI W, EDWARD HUDGINS, JR. 2ND JUDICIAL DISTRICT VIRGINIA BEACH GENERAL DISTRICT COURT JUDICIAL CENTER VIRGINIA BEACH. VIRGINIA 23456-9057 (757) 427-8531 Clerk of Court ADRIAN K. GLATT July 6, 2004 Community Criminal Justice Board City of Virginia Beach 2401 Courthouse Drive Virginia Beach, VA 23456 Dear Board Members: It is with great excitement that I submit this grant request. The Virginia Beach General District Court in partnership with the Virginia Beach Magistrates Office and the Virginia Beach Juvenile and Domestic Relations Court is requesting grant funds of $63,555.31 to cover the expenses associated with establishing a technologically enhanced training room to provide a variety of training opportunities to the staff of our three offices. The development of this training facility within the courthouse will enable us to provide training opportunities to approximately 130 employees locally. The inclusion of the video conferencing equipment will also provide the opportunity to train with other localities around the state, enhancing the types of training to be offered. Since joining the General District Court team in September 2003, my one-on-one meetings with the employees have demonstrated a desire by the staff to have more training provided. Both General District Court and Juvenile and Domestic Relations Court have utilized several of the. training opportunities offered by the City of Virginia Beach Department of Human Resources, such as Powerful Listening, ..Quality Customer Service, and Myers Briggs. However, lack of funding by the state prevents us from sending employees to costly training sessions throughout the year. We have learned in the last six months that we will be conducting the basic clerk training to all new employees in-house through the use of CD-ROMs, an experience we believe to be less fulfilling than training conducted in an interactive enviromnent. The establishment of our training room, will allow us to provide the interactivity that benefits employees in their development, especially the critical first few months of employment. Additionally, we are fortunate to now have management staff with training backgrounds, including a Covey-certified trainer, who are able to provide training to our staff. Statistically, providing training to staffleads to a more productive work environment, a reduction in turnover, and a more professionally satisfied employee population. Training also assists employees with learning valuable skills that improves their job performance, increases employee self confidence, and ultimately enhances customer relations. The mission of the General District Court is to provide quality customer service at all times, and opening the door to training opportunities for our staff will help us to achieve this mission. We appreciate your consideration of our request. Yours truly, J\ I ~.~ K ce.. t\- v{~.~latt 0 Clerk of Court City of "Virgi:r1ia Bea.ch OFFICE OF COMMUNITY CORRECTIONS COMMUNITY CORRECTIONS PROGRAM (757) 427-4689 BESSIE B. BELL, COORDINATOR JUDICIAL CENTER BUILDING 108 2425 NIMMO PARKWAY VIRGINIA BEACH, VA 23456-9053 July 6, 2004 Robert Matthias, Chainnan Community Criminal Justice Board 2401 Courthouse Drive VPL.Beach, "PL. 23456 Re: Office of COinmunity Corrections Law Enforcement Block Grant Proposal Dear Mr. Matthias: Please find enclosed a proposal from the Office of Community Corrections for use of some of the Law Enforcement Block Grant Funds. The Program mission for Community Corrections continues to be to provide, for the Courts in this jurisdiction, an alternative sanctions program for both felon and misdemeanor offenders. Referred on a daily basis, these offenders are expected to do community service, seek treatment for domestic violence or anger management counseling, get substance abuse treatment, have urine screens, get psychological or have psychiatric evaluations and treatment, marriage counseling, etc. Offenders are referred on a daily basis and corne into this Office to complete the Intake process. They are sent to this Office by the Circuit, General Districts and the Juvenile and Domestic Courts. These offenders are received by the receptionist. For FY04 to date, there have been 1,722 new misdemeanor offenders and 140 new felon offenders. Other offenders are received and referred to their case managers for on-going appointments also number into the thousands. While the Program has an Administrative Secretary, she can not do it all and complete her other duties for me as Coordinator and other staff. We therefore remain in need of clerical support. The current DCJS Grant does not provide for these positions, and while the City does provide the Program with some funding, it does not include monies for positions. Law Enforcement Block Grant Request Page Two This clerical support position also receives and processes telephones calls from the public, the courts, offenders and others. The Program is always in need of having someone to service the front desk and answer telephone calls. Case managers, the administrative secretary and coordinator would otherwise have to fill in for this position. We have continued to seek State funds for this position to no avail. We do know that in the long run, another alternative will have to be sought. Technology has not and cannot replace for us the need for a good competent receptionist. We are therefore requesting assistance in funding this position. Our frugal request for this funding cycle is for 2080 hours at $10.73 rendering a total of$22,318.40. We thank you in advance for the Board's consideration in this matter. Should there be any questions in these regards, please feel free to contact me at 427-4770 or 427-4689. With Pride In Our City, ~ ,Ahp-, Bessie B. B~11" Coordinator Request for Mugshot Capture Station at Third Precinct As the Third Precinct facility was being built, discussions were held to fund a mugshot capture station through the CIP project. Unfortunately, funding was not available. The new Third Precinct Facility has temporary holding cells to detain arrested persons for up to two hours. The new facility also has video conferencing equipment to hold remote magistrate hearings. A mugshot capture station would allow Third Precinct personnel to process arrests using the department's records management system (pistol 2000) at the precinct prior to taking them to the correctional facility at the Municipal Center. ..The Second Precinct had had this ability for about two years. There is a prisoner processing room in the facility where the mugshot capture stations would be located. There are currently three mugshot capture stations for Pistol 2000 - Sheriff s booking area, Forensics, and the Second Precinct. A total of 5,477 misdemeanor and felony charges were filed in 2003 within the Third Precinct. The cost of the capture station, software license, and peripherals is $15,700. There is an ongoing annual license cost of $880. . Request for Alternative Forensic Light Source Kit (ALS) ALS allow technicians to search crime scenes for trace evidence that cannot be seen by the naked eye. Our current equipment includes a large laboratory model (sensitive and difficult to transport) and several small flashlight size models. The small models lack the intensity and scope to search many scenes. The F AL2000 offers power, versatility, and portability. Our goal is to eventually have a kit in each vehicle. Cost of the ALS is $3,995 Digital Camera Kit FSU is upgrading the DC290s that were originally purchased with the digital system in 2002. The older, existing cameras require significant maintenance due to heavy use of the camera. We are continuing to upgrade the technicians camera and pass the older 290s to crime scene officers, detective squads, etc where they are not used as frequently. Cost of the camera is $800 Law Enforcement Training Academy (LETA) The Sheriff s department is asking for funds to for the improvement of the law enforcement training academy (LETA). This academy is a combined facility used to train officers in the Sheriff s Department and Police Department. The facility provides all law enforcement training with the exception of the firing range. In addition to the field training, LET A also has a state of the art computer lab which is used to train investigators in computer related crimes. The cost of the Law Enforcement Training Academy is $41,090. - 28- Item V-L 6. ORDINANCES/RESOLUTION ITEM # 53038 Retired Admiral Metz, presented the background and planning/development process for the proposed Monument to Naval Aviation at 25th Street and Atlantic Avenue, approaching the Norwegian Lady Statue, The following registered in SUPPORT: Rear Admiral, USN Ret. Harold Bernsen, represented Hampton Roads Lodge, Sons of Norway, 1804 Broad Bay Circle, Phone: 481-1728. The Lodge voted unanimously to support the Memorial, Lieutenant Dennis Frey, 2348 Huckleberry represented the Association of Naval Aviation and the Police Department Alex H. Pincus, 5416 Powhatan Avenue, Norfolk, Phone: 489-7115: hisfamily have been residents of Virginia Beach for many generations. His mother was born and raised in Norway and has spent many Summers in Moss, Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Resolution to AUTHORIZE the City Manager to execute a Memorandum of Understanding (MOU) with Hampton Roads Squadron and The Association of Naval Aviation, Inc. (ANA), re the placement of a Naval Aviation Memorial on public property at 25th Street and Atlantic Avenue to be named "Monument Park". Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A, Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 28,2004 1 A RESOLUTION AUTHORIZING THE CITY MANAGER TO 2 EXECUTE A MEMORANDUM OF UNDERSTANDING WITH 3 HAMPTON ROADS SQUADRON, THE ASSOCIATION OF 4 NAVAL AVIATION, INC. FOR THE PLACEMENT OF A 5 NAVAL AVIATION MEMORIAL ON PUBLIC PROPERTY 6 LOCATED AT THE 25TH STREET AND ATLANTIC AVENUE 7 TO BE NAMED MONUMENT PARK 8 9 10 WHEREAS, the City expresses its wholehearted support and sincere 11 appreciation and admiration for our nation's military for their bravery in protecting America's 12 freedoms; 13 WHEREAS, the City, as home to the Master Jet Base at Naval Air Station 14 Oceana, recognizes and honors the rich Naval Aviation heritage that is an integral part of 15 the City's history and culture; 16 WHEREAS, Hampton Roads Squadron, The Association of Naval Aviation, 17 Inc. ("HRANA") proposes to construct and dedicate to the City, a Naval Aviation Monument 18 on public property located at the 25th Street Park to recognize the significance of Naval 19 Aviation's history and its relationship with the City; 2 0 WHEREAS, the City's Memorial Committee has determined that the public 21 property located at 25th Street and Atlantic Avenue is a proper location for the installation of 22 the Naval Aviation Monument and will properly honor the Naval Aviation community that 23 has served and continues to serve this City and the United States of America; and 24 WHEREAS, the City and HRANA's staff, together with the City Attorney, have 25 prepared a Memorandum of Understanding to memorialize their respective responsibilities 26 and obligations with terms and conditions mutually agreeable to all parties. 27 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 1. That the City Manager is hereby authorized to execute the Memorandum of 30 Understanding between Hampton Road Squadron, The Association of Naval Aviation, Inc. 31 and the City for the construction and installation of a Naval Aviation Monument on public 32 property located at 25th Street and Atlantic Avenue in accordance with the Summary of 33 Terms attached hereto. 34 2. That all actions of the City Manager, which are in conformity with the purpose 35 and intent of this Resolution are hereby approved. 36 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 37 VIRGINIA BEACH, VIRGINIA: 38 That upon completion of the Naval Aviation Monument and its dedication to 39 the City, the public property located at 25th Street and Atlantic Avenue shall be known as 40 "Monument Park". 41 Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th 42 day of septe:';'\be:" ,2004. 43 44 45 46 47 48 49 50 51 52 53 54 55 56 APPROVED AS TO LEGAL SUFFICIENCY: ~-r~ City Attorne' fflce APPROVED AS TO CONTENT: O,vr10!h' Chief Information Officer CA-9371 H :\GG\O&R\Proposed\Navymemorial.doc R-2 PREPARED: 09/16/04 2 MOU between the City and Hampton Roads Squadron, The Association of Naval Aviation, Inc. SUMMARY OF TERMS City: City of Virginia Beach Monument Donor: Hampton Roads Squadron, The Association of Naval Aviation, Inc., a Virginia non- stock corporation. Monument Design: A series of bronze sculptures on bases with story boards, approximately 14'3" x 18'3", depicting the history of naval aviation in Hampton Roads from the first aircraft launch of Eugene Ely to the Modem Era together with other enhancements. Premises: City property located at 25th Street and Atlantic Avenue and encompassing the statute of the Norwegian Lady (to be known as "Monument Park"). Term: Commencing on date of execution of the MOD until construction of the Monument is completed and dedicated to the City. Responsibilities of Monument Donor: . Shall design, construct and install the Monument on the Premises, and shall pursue completion thereof by December 31, 2005. . Shall secure all necessary permits required by federal, state or local statutes. . Shall require its general contractor to secure general liability insurance in amounts and with coverage acceptable to the City and naming the City as an additional insured. . Shall submit all specifications, designs, plans, and construction schedule of the Monument and any enhancements to the Premises and the Norwegian Lady for review and approval by the Resort Advisory Commission and the Memorial Committee in accordance with Administrative Directive 3.21, as amended. The City Council shall give the final approval of the design, construction plans and location of the Monument. . Shall coordinate the construction schedule for the Monument through Convention & Visitors Bureau, Resort Projects Coordinator. . Shall dedicate the Monument to the City upon completion thereof and acceptance by the City. . Shall allow the City and its employees and agents upon the Premises to inspect the construction and installation of the Monument. . Shall require its general contractor and subcontractors to indemnify the City. Responsibilities of the City: . Shall make the Premises available to the Monument Donor for construction and installation of the Monument. Maintenance: . The City shall perform day-to-day maintenance of the Premises. . The Monument Donor shaH perform long-term maintenance and capital repairs and/or replacement of the Monument. If the Monument Donor fails to make the necessary repairs or replacement, or fails to maintain the Monument so that the Monument is no longer suitable for display on public property, the City may remove the Monument. The Director of Public Works shall coordinate all Monument maintenance, repairs or replacement with the Monument Donor. Other Terms: . The Monument Donor shall establish an Escrow Account in the amount of the construction work associated with the installation of the Monument to ensure (i) prompt payment for all material furnished or labor supplied or performed in the prosecution of the construction work, and (ii) the faithful performance and completion of the installation of the Monument in strict conformity with the terms and conditions of the MOD. The Monument Donor shall enter into and Escrow Agreement with the City outlining the obligations and duties with respect to the Escrow Account. . The use of Monument Park will be handled by the City through the City's Convention & Visitors Bureau, Resort Projects Coordinator. . Active duty units and personnel may reserve the use of Monument Park through CVB, for up to 2 hours (per application), at no cost to the applicant, for award, promotion, change of command and retirement ceremonies, and any military event co-sponsored by the City. Termination: . The City may terminate the MOD for cause with 30 days written notice to the Monument Donor. F:IU sersl VV aJldejl WPIBZA INavymemoria1.trm. wpd (!TV O~ YI~GINUl ~fJK ~ COMMUNITY FOR A LIFETIME Department of Public Works Building Maintenance Division Municipal Center Virginia Beach, Virginia 23456-9041 Ph: (757) 427-4561 FAX: (757) 426-5675 Date: September 21, 2004 Subject: David C. Sullivan, Chief Information OlJfi ~.~.~~~~:?iY Chuck Davis, PW /Building Maintenan e .i.~ I Monument to Naval Aviation To: From: The application for the Monument to Naval Aviation has been reviewed and approved by the Memorial Committee at the committee meeting on Monday, September 20. Prior to that approval, the representatives from the Hampton Roads Aviation Association presented their plan for the Monument to Naval Aviation to the Public Art Committee and the Virginia Beach Arts and Humanities Commission. The Commission voted to approve the Monument at their meeting on September 2, 2004. During the meetings with the Memorial Committee, the representatives from the Hampton Roads Aviation Association advised the Memorial Committee that their Association was going to form a foundation to provide funding for the maintenance of the sculptures, including vandalism, storm damage, and cleaning. While the City of Virginia Beach will be responsible for the daily maintenance of the site, including landscape maintenance, it is understood that the foundation for the Hampton Roads Aviation Association would provide any funding and coordinate the repairs to the sculptures. This agreement needs to be documented as outlined in Section 3.0 II of Administrative Directive 3.21. Based on the approval of this memorial by the Virginia Beach Arts and Humanities Commission, and the City's Memorial Committee, I am forwarding this to the City Manager's office with the recommendation that the Monument to Naval Aviation be considered for approval by the City Council. mtp attachments c: Memorial Committee Members (w/out attachments) E. Dean Block, Public Works ...J<.a1hleen Hassen, City Manager's Office VIRGINIA BEP.~CH ARTS AND HUMANITIES COMMISSION DEPARTMENT OF MUSEUMS AND CULTURAL ART" 717 GENERAL BOOTH BOULEVARD VIRGINIA BEACH, VA 2345 I (757) 437-4870 FAX (757) 437-4976 www.vbgov.com/arts OFFICERS: SHARON L. FRAIM CHAIR September 9, 2004 JOHN M. RYAN VICE CHAIR KATHERINE K. KATSIAS TREASURER Mr. Charles Davis Chair, Memorial Committee City of Virginia Beach 2569 George Mason Dr. Virginia Beach, VA 23456 WARREN E. SACHS SECRETARY Dear Mr. Davis: MEMBERS: SHEILA P. BRAITHWAITE After careful review by the Public Art Committee and the Virginia Beach Arts and Humanities Commission, the Commission voted at its business meeting on September 2, 2004, to recommend approval to the Memorial Committee of the Monument to Naval Aviation at 25th Street and Atlantic Ave. BEATRIZ AMBERMAN KATHLEEN M. CARTER THOMAS A, FELTON, JR. Sincerely, MANUEL A, HIPOL ~ Si{~ ELL/OTI C. JONES ROBERT N. MELATIl Emily Spruill Cultural Arts Coordinator M. JEAN RAWLS cc: Sharon Fraim, Chair DEPARTMENT STAFF: EMILY L. SPRUILL COORDINATOR 111.11.11 • =11 661 egc 661 =MI IC INC coz 1= 1E61 IMMI 661 CC Immo OMNI Cia 1.12 661 YAM __ __ --- — ED =Q --- __-- ----------- N 1 d M Q Zi b` 08 �� Q } F—Q K 14 0 x u p x 4u p 141: 1 O O0 u �� iii 0� 0 Ou d1 OQ K rt 3i -1 I i= t *- 9� _- I W U U �u U� 1 UNIX i <O u? 4U t J 9 Zo J If an Z ::' Plum _i e4 •• I'a 41( "i� Ic�yy • \'.:i � )`r.-i RAU, w•y... CO mig e,:'''''', 111 ).. 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V" .. a ~ ~ -< -< _ 'E B B > B ~ .... ~ u .g .a .0 ~ '" ....~:> I ;::l d 0..0....... 0..'i=:'Eb-ca ~;.::::;.:::: g ~.o 0 ~ ;;>:-;:: 0 ;::; 0 0 ......, U..q._:> U 0 0 u ~~Z~~~~-<ZZ>Z~~;;>~~=m Item V-LIM. - 29- ITEM # 53039 L. PLANNING NO ACTION DR.ROBERTD.VOOGT M. PLANNING 1. THERESA M. GRUBBS 2. HOWARD HOLZMACHER 3a/b. CHESAPEAKE ATLANTIC DEVELOPMENT GROUP, L.L.C. 4. JANE AND WINTHROP SHORT 5. SAIR ENTERPRISES 6. ENTERPRISE RENT-A-CAR Item V-L.1. CONDITIONAL USE PERMIT FREESTANDING MOBILE HOME CONDITIONAL USE PERMIT CHANGE OF ZONING VARIANCE VARIANCE MODIFICA TION of Conditional Use Permit (Approved: March 14, 1966 and December 12,1983 (Harry L. Patridge) CONDITIONAL USE PERMIT Motor vehicle rentals 3205 Virginia Beach Boulevard 5476 Virginia Beach Boulevard September 28,2004 - 30- Item V-L.l. PLANNING - NO ACTION ITEM # 53040 NO ACTION NECESSARY - Deferred by the Planning Commission on September 8,2004: Ordinance upon Application of Dr. Robert D. V oogt for a Conditional Use Permit for a facility for the disabled on property located on the south side of Old Donation Parkway, approximately 130 feet west of First General Parkway (GPIN 24084334511853 - portion oj). DISTRICT 5 -LYNNHAVEN September 28,2004 - 31 - Item V-M. PLANNING ITEM # 53041 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED in ONE MOTION Items 2, 3a/b, 4, 5 and 6 of the PLANNING BY CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A, Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 28,2004 - 32- Item V-M. 1. PLANNING ITEM # 53042 The following registered in SUPPORT: Theresa Grubbs, 5140 Blackwater Road, Phone: 432-0614, 82-year old applicant Albert Carawan, 5140 Blackwater Road, Phone: 432-0614, grandson of the applicant The following registered in OPPOSITION: Larry Hill, 5132 Blackwater Road Phone: 432-8217, voiced agreement with appearance of modular home Mickey Hardison, 5116 Blackwater Road, Phone: 432-9150, voiced agreement with appearance of modular home Upon motion by Councilman Reeve, seconded by Councilman Dyer, City Council ADOPTED the Resolution upon application of THERESA M. GRUBBS for a freestanding mobile home on her property in the A-I and A-2 Agricultural Zoning District: Application by Theresa M. Grubbs to place a freestanding mobile (modular) home on her 60-acre property zoned Agricultural at 5140 Blackwater Road (GPIN 13990676130000), DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. Health Department approval is required prior to issuance of a building permit for the mobile (modular) home, 2, The mobile (modular) home may be occupied only by members of the owner's family. 3. The location of the mobile (modular) home shall substantially adhere to the submitted site plan 4. All building code requirements must be met. Voting: 10-1 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: Reba S. McClanan Council Members Absent: None September 28,2004 1 2 3 4 5 6 7 A RESOLUTION TO FREESTANDING MOBILE PROPERTY LOCATED BLACKWATER ROAD ALLOW HOME AT A ON 5140 WHEREAS, Theresa M. Grubbs, the owner of property located 8 at 5140 Blackwater Road, in the AG-l and AG-2 Agricultural 9 Zoning Districts (the "Property"), has made application to the 10 Department of Planning to allow the placement of a freestanding 11 mobile home on the Property; and 12 WHEREAS, City Code Section 19-19 allows one freestanding 13 mobile home to be located on agriculturally-zoned land if 14 certain conditions are met, to-wit: 15 (1) The mobile home is located to the rear or side and on 16 the same lot or parcel with a principal residential 17 building, all dimensional requirements for two (2) 18 dwellings are complied with, and the required yards or 19 open space of the principal dwelling are not 20 encroached upon; 21 (2) The mobile home is not located within four hundred 22 feet (400') of any other residence existing at the 23 time application is made to locate the mobile home; 24 (3) The immediately adj oining property owners and those 25 directly across the fronting street shall be notified 26 of the application; 27 28 29 30 31 32 33 34 35 36 37 38 (4) The method of sewage disposal for such mobile home 1S approved by the Health Department; (5) The mobile home shall not be occupied by anyone not a member of the immediate family resident in the principal dwelling on the lot or parcel and such mobile home shall not be occupied by more than one (1) family; and (6) In the event there is an objection from persons set forth in Paragraph (3) then the Planning above, the City Council, rather Department must approve or disapprove the application; and WHEREAS, the applicant desires to place the mobile home 39 upon her property in order to allow her grandson and his family 40 to live in the mobile home and help care for her; and 41 WHEREAS, the Planning Department has received objections to 42 the application from four of the persons referred to in 43 Paragraph (3) above, such that the City Council must approve or 44 disapprove the application. 45 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 46 OF VIRGINIA BEACH, VIRGINIA: 47 That the application to allow one freestanding mobile home 48 on the property located at 5140 Blackwater Road is hereby 49 approved, subject to the following conditions: 2 50 (1) Health Department approval of the method of sewage 51 disposal for such mobile home shall be required prior 52 to issuance of a building permit for the mobile homei 53 (2) The mobile home shall be occupied only by members of 54 the immediate family of the property owner, Theresa M. 55 Grubbsi 56 (3) The location of the mobile home shall substantially 57 adhere to the submitted site plani and 58 (4) The freestanding mobile home shall at all times be 59 maintained in compliance with all applicable building 60 code and other requirements and regulations. 61 62 Adopted by the Council of the City of Virginia Beach, 63 Virginia, on the 28th day of September ,2004. CA-9375 OIDjordresjmobilehomeres.doc R-2 Prepared: September 14, 2004 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: A)d!t;~ fYI iJkJ City Attorney's Office 3 - 33- Item V-M.2. PLANNING ITEM # 53043 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED an Ordinance upon application of HOWARD HOLZMACHER for a Conditional Use Permitfor afirewood recreation facility: ORDINANCE UPON APPLICATION OF HOWARD HOLZMACHER FOR A CONDITIONAL USE PERMIT FOR A FIREWOOD PREPARATION FACILITY R090431196 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Howard Holzmacher for a Conditional Use Permit for a firewood preparation facility on property located at 3308 Heffington Drive (GPIN 14836300990000), DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1, The limits of the firewood preparation area shall be confined to the designated locations depicted on the submitted plan entitled Site Plan for Howard Holzmacher dated 5/14/04, 2, The hours of operations shall be from 8:00 A.M. until 5:00 P.M. Monday through Saturday. 3. The storage height of firewood shall not exceed 20 feet. 4. Noise from equipment for firewood preparation shall be limited to hours of operation 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 28th of September Two Thousand Four Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 28,2004 - 34- Item V-M.3. PLANNING ITEM # 53044 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED, WITH NO FURTHER CURB CUT ON HOLLAND ROAD, Ordinance upon applications of CHESAPEAKE A TLANTIC DEVELOPMENT GROUP, L.L. C. for a Change of Zoning District Classification and Variance to 9 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO). ORDINANCE UPON APPLICATION OF CHESAPEAKE ATLANTIC DEVELOPMENT GROUP, 1.1.C FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AND AG-2 AGRICULTURAL DISTRICTS TO R-20 Z09041198 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Chesapeake Atlantic Development Group, 1.1. C for a Change of Zoning District Classification from AG- 1 and AG-2 Agricultural Districts to R-20 Residential District on property located on the east side of Holland Road, approximately 300 feet south of Litchfield Way (GPIN 24040429590000), The Comprehensive Plan designates this site as being part of the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan, DISTRICT 7 - PRINCESS ANNE AND, Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Chesapeake Atlantic Development Group, 1.1. C Property is located on the east side of Holland Road, approximately 300 feet south of Litchfield Way (GPIN 24040429590000), DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. There shall be only one (1) ingress/egress permitted for the use of both Parcel A-3 and A-4. This limited ingress/egress shall be the existing twenty (20)-foot wide maintenance and access easement as identified on the Plan entitled, "EXHIBIT FOR SUBDIVISION OF PARCEL A-i, LAURA COOPER ADAMS TRUST," prepared by NDL 1.1.C, Basgier and Associates Division, dated May 27, 2004, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. A Cross Access Easement Agreement meeting the condition above for the use of Parcel A-3 shall be provided with the final plat that shall be submitted to the Planning Department / Development Services Center for review. September 28,2004 - 35 - Item V-M.3. PLANNING ITEM # 53044 (Continued) 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 28th of September Two Thousand Four Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. OberndorJ, Jim Reeve, Peter W Schmidt, Ron A, Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 28,2004 - 36- Item V-M.4. PLANNING ITEM # 53045 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED the Petitionfor a Variance to 9 4.4(b) to the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) for JANE and WINTHROP SHORT at 208 and 210 75th Street to resubdivide the lots to accommodate two detached single-familv dwellinzs Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Jane and Winthrop Short. Property is located at 208 and 210 75th Street (GPINS 24196618650000; 24196618020000). DISTRICT 5 -LYNNHAVEN The following conditions shall be required: 1. The following note must be added to the final subdivision plat: "This subdivision is approved only for the construction of one single-family dwelling for each lot", 2. The conditions of the Board of Zoning Appeals (BZA) variance granted on 1/15/03 are incorporated herein by reference, Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Richard A, Maddox, Mayor Meyera E. OberndorJ, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 28,2004 - 37- Item V-M.S. PLANNING ITEM # 53046 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED an Ordinance upon application of SAIR ENTERPRISES for a Modification of a Conditional Use Permit approved by City Council on March 14, 1966 (Harry L. Partridge). ORDINANCE UPON APPLICATION OF SAIR ENTERPRISES FOR A MODIFICATION OF A CONDITIONAL USE PERMIT BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Sair Enterprises for a Modification of a Conditional Use Permit approved by City Council on March 14, 1966 (Harry L. Partridge). Property is located at 6016 Indian River Road (GPIN 1456527902), DISTRICT 1- CENTERVILLE The following conditions shall be required: 1. The site shall be developed substantially as shown on the submitted site plan entitled "Preliminary Site Plan for Sair Enterprises" prepared by The Spectra Group dated May 27, 2004 which has been exhibited to the Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department, 2. The exterior of the proposed building shall be substantially as shown on the submitted building elevation entitled "Preliminary Building Plan" prepared by Architectural Studio, PLLC dated 5/30/04 which has been exhibited to the Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department, The building shall be constructed of brick and the canopy columns shall be wrapped in brick (as depicted on the elevation), 3. All outdoor lighting shall be shielded to direct light and glare onto the premises; and deflected, shaded andfocused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 4. The canopy lighting shall be low level and recessed. The lumen level shall not exceed fifty (50) lumens under the canopy. Verification, by a pre-approved third party source, such as an electrical engineer, of the lumens level, shall be submitted to the Current Planning Division / Planning Evaluation Section of the City of Virginia Beach Planning Department before the issuance of the Certificate of Occupancy. 5. All auto repairs must take place inside the building. 6. No outside storage of equipment, parts or materials shall be permitted. September 28,2004 - 38- Item V-M.S. PLANNING ITEM # 53046 (Continued) 7. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 8, There shall be no outside storage or display of tires, other than in a "casing enclosure for tire reclamation", 9. The dumpster area shall be enclosed with a solid wall to match the building and shall be landscaped in accordance with Section 245(e) of the City Zoning Ordinance, 10, A monument style freestanding sign, no more than eight- (8) foot in height, set on a brick base to match the building brick shall be permitted in accordance with the City Zoning Ordinance (CZO) and the Site Plan Ordinance. 11, Sign age for the canopy shall be allowed in accordance with the City Zoning Ordinance (CZO) and the Site Plan Ordinance, Striping on the canopy shall be limited to ten (10) feet on each side of the canopy or one-quarter of the length of each side, Sign age on the canopy shall not be internally or externally illuminated. 12, No signage in excess of a total offour (4) square feet of the entire glass area of the exterior wall shall be permitted. There shall be no other signs, neon signs or neon accents installed on any wall area of the exterior of the building, windows and/or doors, canopy, light poles or any other portion of the site. 13. No outdoor vending machines, ice machineslcontainers, gas (propane) containers and / or display of merchandise shall be allowed. 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 28th of September Two Thousand Four September 28,2004 - 39- Item V-M.S. PLANNING ITEM # 53046 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 28,2004 - 40- Item V-M.6. PLANNING ITEM # 53047 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED and MODIFIED an Ordinance upon application of ENTERPRISE RENT-A-CAR for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ENTERPRISE RENT-A-CAR FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE RENTALS R090431197 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Enterprise Rent-A-Car for a Conditional Use Permit for motor vehicle rentals on property located at 141 Spruce Street (GPIN 14874364730000). DISTRICT 3 -ROSE HALL The following conditions shall be required: 1, The Conditions required with the June 5,2001, approval by City Council on the Conditional Use Permit for the Auto Body Shop and Vehicle Storage facility shall remain in effect. 2. Motor vehicles available for rent shall be limited to cars, small and regular size pick-up trucks, vans and sport utility vehicles 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 28th of September Two Thousand Four Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E, Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A, Maddox, Mayor Meyera E. OberndorJ, Jim Reeve, Peter W Schmidt, Ron A, Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None September 28, 2004 - 41 - ITEM # 53048 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 thefollowingpurpose: PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2- 3711 (A) (1). Appointments: To Wit: Appointments: Boards and Commissions: Board of Zoning Appeals Public Library Board Evaluation of City Council Appointees PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, the disposition of publicly-held property, plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.2-3711 (A)(3). Acquisition/Disposition of Property: Beach District Upon motion by Councilman Schmidt, seconded by Councilman Reeve, City Council voted to proceed into CLOSED SESSION (7:27.48 P.M.) Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, James 1. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None (Closed Session: 7:27 P.M. -10:02 P.M.) September 28,2004 - 42- CERTIFICATION OF CLOSED SESSION ITEM # 53049 Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Conference Room, City Hall, on Tuesday, September 28,2004, at 10:02 P.M. Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exemptedfrom Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson September 28,2004 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 53048, page 41, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3711 (A) of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. September 28, 2004 Item V-No APPOINTMENTS - 43- ITEM # 53050 BY CONSENSUS, City Council RESCHEDULED: BICYCLE and TRAILS ADVISORY COMMITTEE MINORITY BUSINESS BOARD PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE (COG) SOCIAL SERVICES BOARD TOWING ADVISORY BOARD September 28,2004 - 44- Item V-N.1. APPOINTMENTS ITEM # 53051 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Judith B. Connors Unexpired term thru 12/31/2004 plus 5 years: 0//01/2005-12/31/2009 BOARD OF ZONING APPEALS Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson September 28, 2004 - 45 - Item V-N.2. APPOINTMENTS ITEM # 53052 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Anne Meade Simpson Marjorie B. Smallie 2 year terms 11/01/2004 -10/31/2006 HISTORICAL REVIEW BOARD Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson September 28,2004 - 46- Item V-N.3. APPOINTMENTS ITEM # 53053 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Rachel Berman 2 year term 09/01/04 - 6/30/06 PUBLIC LIBRARY BOARD Voting: 10-0 Council Members Voting Aye: Harry E, Diezel, Robert M, Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A, Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson September 28,2004 - 47- Item V-R. ADJOURNMENT ITEM # 53054 Mayor Meyera E. OberndorfDECLARED the City Council Meeting ADJOURNED at 10:18 P.M. ~--(!,/(~"-'" Beverly 0. Hooks, CMC Chief Deputy City Clerk uth Hodges Smith, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia September 28,2004 _ 47_ Item RR ADJOURNMENT ITEM ft 53054 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 10:18 P.M. Beverly . Hooks, CMC Chief Deputy City Clerk • eoley uth Hodges Meyera berndorf �(/��'t%�� City Clerk Mayor City of Virginia Beach Virginia September 28, 2004