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Home My WebLink AboutDECEMBER 14, 2004 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIEZ,EL, Kempsville - District 2 ROBERT M DYER, Centerville - District I REBA S. McCIANAN, Rose Hall - District 3 RICHARD A. MADDOX. Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER w: SCHMIDT, At-Large RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large U1LDING I JAMES L. WOOD, Lynnhaven -District 5 RIVE CITY COUNCIL CITY HALL 2401 COURTHOUSE JAMES K. SPORE, City Manager LESliE L. liLLEY, City Attorney RUTH HODGES SMITH, MMCA, City Clerk VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 427-4303 FAX (757) 426-5669 EMAIL:Ctycncl@vbgov.com CITY COUNCIL AGENDA 14 December 2004 I. CITY MANAGER'S BRIEFING - Conference Room 1 :30 P.M. A. WORKFORCE HOUSING STATUS Andrew Friedman, Director -Housing and Neighborhood Preservation 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: Mr. Thomas Le Neave Virginia Beach State President Church of Jesus Christ of Latter Day Saints C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS December 7, 2004 G. AGENDA FOR FORMAL SESSION H. ORDINANCES/RESOLUTIONS 1. Ordinance to MODIFY the City Code ~2-85 application to the payment for unused annual leave hours re Sheriff appointees. 2. Ordinances to AUTHORIZE acquisition of property in fee simple for easements by agreement or condemnation and AUTHORIZE the City Manager to make a reasonable offer to owners of interest: a. Grayson Road at Witchduck Road intersection improvements b. Sandbridge safety improvements 3. Ordinance to AUTHORIZE a temporary encroachment into the right-of-way adjacent to Lake Rudee at 726 Kennedy Avenue by GLEN A. and M. NICOLE WILLIAMS re an existing open pile pier, watercraft lift, wooden access ramp and riprap. 4. Ordinance to ACCEPT from the Department of Justice and APPROPRIATE $650,000 to the FY 2004-05 Budget re Emergency Operations Center equipment and Protective Apparel for City Responders re weapons of mass destruction. 5. Ordinance to ACCEPT from the Federal Emergency Management Agency (FEMA) and APPROPRIATE $1,008,035 to the FY 2004-05 Fire Department Budget re operation of the Virginia Task Force 2 (V A- TF2) Urban Search and Rescue Team. 6. Resolution to REFER to the Planning Commission a proposed amendment to the Comprehensive Plan re Open Space Recreation element for the Transition Area and to include the whole area in the Agricultural Reserve Program (ARP). 7. Resolution to APPOINT Larana J. Owens as Assistant City Attorney. I. PLANNING - NO ACTION 1. Applications ofH&A ENTERPRISES, L.L.C. at the southeast comer of Independence Boulevard and Smokey Road: (DISTRICT 4 - BA YSIDE) a. Chanf!e of Zoning from R-7.5 Residential District to Conditional B-2 Community Business District b. Conditional Use Permit for motor vehicle sales RECOMMENDATION: DENY [City Council previously voted to defer this item to January 4,2005.] J. PLANNING 1. Application of J. M. SYKES, INC. for expansion of a Nonconforminf! Use re existing office space at 614 10th Street. (DISTRICT 6 - BEACH) RECOMMENDATION: APPROVAL 2. Applications of DEFORD COMPANIES, INC. at 3500 Glen Arden Road: (DISTRICT 2 - KEMPSVILLE): a. Variance to S 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) re extension of LeCove Drive b. Conditional Use Permit re community boat dock RECOMMENDATION: APPROV AL 3. Application of STEPHEN LETOURNEAU for a Conditional Use Permit re automobile repair garage at 156A Chestnut Avenue. (DISTRICT 3 - ROSE HALL) (Deferred by City Council on December 7,2004). RECOMMENDATION: APPROVAL 4. Application of THORNTON VIRGINIA LAND TRUST for a Conditional Use Permit re fuel sales in conjunction with a convenience store (Wawa) at 1706 Virginia Beach Boulevard. (DISTRICT 6 - BEACH) RECOMMENDATION: APPROVAL 5. Application of HOLLIS ROAD ASSOCIATES for a ChanJ!e of Zoning from R-IO Residential District to Conditional R-IO Residential District with a PD-H2 Overlay a1 4704 and 4728 Indian River. (DISTRICT 1 - CENTERVILLE) RECOMMENDATION: APPROVAL 6. Applications of CITY VIEW ONE, LLC at Bonney and Bendix Roads. (DISTRICT 5 - L YNNHA VEN): a. ChanJ!e ofZoninJ! from 0-2 Office District to Conditional B-4C Central Business Mixed Use District b. Conditional Use Permit re Multi-Family dwellings, Grocery Stores, Carry-Out Food Stores and Convenience Stores RECOMMENDATION: APPROVAL K. APPOINTMENTS BICYCLE and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS - Maintenance Division New Construction Division CHESAPEAKE BAY PRESERVATION AREA BOARD - CBP AB COMMUNITY SERVICES BOARD FRANCIS LAND HOUSE BOARD OF GOVERNORS HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD INVESTMENT PARTNERSHIP ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL PARKS and RECREATION COMMISSION PENDLETON PROJECT MANAGEMENT BOARD RESORT ADVISORY COMMISSION TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION - VBCDC L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT *************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: Virginia Relay Center at 1-800-828-1120 ************** Agenda 12/14/04\sb www.vbgov.com MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 14 December 2004 Mayor Meyera E. Oberndorf called to order the City Manager's Briefing re WORKFORCE HOUSING STATUS in the Council Conference Room, City Hall, on Tuesday, December 14,2004, at 1:30 P.M Council Members Present: Harry E. Diezel, Robert M, Dyer, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Rosemary Wilson and James L. Wood Council Members Absent: Vice Mayor Louis R, Jones [Family Vacation) Ron A. Villanueva [Entered: 1 :40 P.M.] - 2- CITY MANAGER'S BRIEFING WORKFORCE HOUSING INITIATIVES ITEM # 53333 1 :30 P.M. Andrew Friedman, Director - Housing and Neighborhood, presented a status report re Workforce Housing Initiatives. Workforce Housing involves professionals including City employees (health care workers, police officers, teachers, etc.) being able to reside in the City which they support and protect. Mr. Friedman displayed photographs of Workforce Housing. The Partner Group was formed by the Department of Housing and Neighborhood Preservation in April of 2004, to achieve two (2) goals: To provide ongoing suggestions and dialogue with stakeholders, in the housing industry, as part of Housing and Neighborhood Preservation's ongoing work Comply with City Council's concern re W orliforce Housing (suggested by Council Lady Wilson in March 2004) To address both issues, the Partner Group was formed, which now consists of over one hundred (100) members representing organizations with roles and/or interests in housing and neighborhoods in Virginia Beach and the region. The Partner Group exists so all those interested in increasing the availability of worliforce and affordable housing as well as preserving Virginia Beach's neighborhoods, can work together toward common goals. Membership is open with both individual and organizational participation, Mr, Friedman cited: Participating Organizations Hampton Roads Realtors Association Samaritan House Section 8 Residents Advisory Board Tidewater AIDS Crisis Task Force Tidewater Builders Association Tidewater Mortgage Bankers Association Virginia Beach Community Development Corporation (VBCDC) Virginia Beach Council of Civic Organizations Virginia Housing Development Authority Virginia Beach Human Rights Commission Virginia Beach Visions Participating City Agencies City Attorney's Office Economic Development Department Fire Human Services Department Management Services Parks and Recreation Planning Department Police Public Works December 14, 2004 -3- CITY MANA GER 'S BRIEFING WORKFORCE HOUSING INITIATIVES ITEM # 53333 (Continued) The Partner Group has sub-groups addressing the issues: Land Use Policy and Regulation: availability of appropriately zoned land and guidelines desired by the City. The Comprehensive Plan is the basic commencement point, which provides competent guidance concerning quality affordable housing, availability of and appropriately zoned land. Development Review Process: Reduction in time and uncertainty Community dialogue and understanding: A large Town Hall Forum, as many other public meetings, was conducted in November consisting of over 170 attendees, as well. Consensus solutions are hoped to be created with community support. Financing Options and Tools, including trust funds, tax abatements, specialjinancing options: major factor in creating workforce housing Homelessness: An issue for twenty (20) years, providing input into ongoing programs and planning. Housing and Urban Development (HUD) requirements shall be met. Housing Preservation and Relocation issues: Developing policy for preserving housing and dealing with the effects of relocation i.e. Wedgewood Trailer Park. Information and Analysis: Virginia Tech's Center for Housing Research is contracted to conduct a housing market and needs analysis re providing the most up-to-date facts and understanding, which staff can utilize to determine appropriate policy recommendations. State Housing Policy: Studying and working toward state housing policies that support our efforts. The Partner Group advises City Staff, specifically the Department of Housing, but also the Planning Department and others. Recommendations of the Partner Group will be processed through regular staff processes to the City Manager. Upcoming Activities Development and implementation of a public awareness plan Complementation and Analysis of the Housing Needs Assessment Development of policy recommendations on an ongoing basis in each area Continued networkinglconnections/partnering Working with Empower Hampton Roads on a Regional workforce housing initiative December 14, 2004 -4- CITY MANAGER'S BRIEFING WORKFORCE HOUSING INITIATIVES ITEM # 53333 (Continued) In addition to the work of the Partner Group, the Department of Housing and Neighborhood Preservation and its non-profit partners have been and are providing worliforce and affordable housing opportunities in many ways. Ongoing worliforce and affordable housing activities include: First time home buyer down payment assistance Rehabilitation financing for current home owners Rental subsidies Creation of new rental and home ownership opportunities - Virginia Beach Community Development Corporation (VBCDC) Emergency housing assistance programs provided by the Department of Human Services Two (2) properties involved in spot blight abatement are now owned by the City. Staffis compiling criteria and proposals to be reviewed by the City Manager and scheduled for a City Council Session in January or early February relative the possibility of utilizing for worliforce housing. Relative worliforce housing, at the current time, as a base figure, the staff is contemplating working with up to a total of$67, 000 household income (I 20%percent of median income). Even a two earner starting teacher salary would be within this range. Council Lady Wilson advised an affordability chart has been developed relative rental and home ownership. Donald Maxwell, Director of Economic Development, advised in securing new employment to the area, the target is a minimum of $45,500 salary. As the worliforce is being increased, support services are also involved. These support services may not pay this minimum salary. The other key factor involves the growth of the largest sector of employment: service. Over 40% of the employment in our city are service sector related. Many are tied into the hospitality area, which is so very important to Virginia Beach and the Hampton Roads area. When employment of this nature is created, upward mobility is desired, There are probably a considerable amount of affordable housing in Hampton Roads; however its location will be the key. Direct assess from home and the location to the employment seems to be important. Mr. Friedman advised there is a need for many workingfamilies to have housing which cost less than almost 99% of the housing in Virginia Beach. A problematic question is whether to build an abundance of single family housing in Virginia Beach that is affordable as a significant tract of land would be necessary, The staffhas consulted with the Military re pay ranges and those have been instilled into the housing study. This became a key component of the study as well as the needs of the military and their ability to pay for Virginia Beach housing. In the policy proposals, normally the Partner Group will advocate the private sector construct housing development. The City might be involved in facilitating this. Council Members Diezel and Wilson advised a meeting was held in the office of Economic Development with a large number of developers present. The Group was hoping mixed use development would be considered. Mayor Oberndorf and Council Lady McClanan advised the older single family neighborhoods are important to the City. December 14, 2004 - 5 - CITY MANAGER'S BRIEFING WORKFORCE HOUSING INITIATIVES ITEM # 53333 (Continued) Relative providing housing, Mayor Oberndorf referenced the amendment allowing more than one related family to reside in one home and inquired relative the oversight and success of this program. Mr. Friedman advised this concept has been successful in allowing the creation of affordable rental housing opportunities, The change in procedure was also necessary to allow the housing managed by the non-profit organizations including the Community Development Corporation's Samaritan House. Mayor Oberndorf advised Charleston, South Carolina, has been recognized for an incredible housing preservation oversight. A police officer volunteered to be an enforcement officer. A retired Judge agreed to hear the zoning and housing preservation court cases. Mayor Oberndorf suggested staff contact Charleston relative this program. Mr. Friedman advised rent control is not in the City's future. Inclusionary zoning is a possibility raised by Empower Hampton Roads and is utilized in some of the communities. This is potentially desirable; however, there is much concern. Before proposals are received, this will go through the City Manager's process. Mr. Friedman advised Council Lady McClanan, there are apartment developments that as a nature of their financing limit the rents charged; however, the local government does not set those rents. They are set by the financing agency. Our senior developments limit what can be charged. Government rent control is not being proposed but some affordable housing by its very nature has to charge limited rents, Council Lady Wilson advised the Tidewaters Builders Association's Homearama next year in Norfolk will include a Worliforce Housing exhibit. Mr. Friedman advised the results of the housing study will be received shortly. A meeting with the business community relative their perception on the need for housing for their particular workforces will be held. Other public forums will be conducted and all events will be publicized. December 14, 2004 - 6- CITY COUNCIL LIAISON REPORTS AND CITYCOUNCIL COMMENTS 2:15 P.M. ITEM # 53334 Councilman Reeve expressed his concern relative the new City Seal on Mount Trashmore. The entire seal is "flat" and cannot be distinguished as you drive on 1-264. The lights reflecting the City Seal harmed the effect. Mayor Oberndorf advised she had received similar complaints from numerous citizens. Charles Meyer, Chief Operating Officer, advised after Mount Trashmore was recapped, the City had not anticipated as big a change in the slope, January 1,2005, the City will be changing the angle of the City Seal by tipping up and filling underneath with concrete. Therefore, a good viewing angle will be provided. The majority of citizens view the City Seal from 1-264. The lettering is now black. The staff will color the lettering all the way to the top edge, leaving only a portion at the top "black", thus the lettering will have more definition. Those two (2) modifications should make the City Seal very visible, The landscaping will then be completed. Mr. Meyer advised the Mayor, the orange fencing is temporary. The intent was to have a Seal, which would not require excessive maintenance, visible and be brightly colored. The City Seal has been constructed in a permanent fashion in order not to rapidly deteriorate and not require the constant maintenance of stone. ITEM # 53335 Council Lady Wilson expressed appreciation to the City Manager for providing information relative lobbyingfirm (Alcade & Faye) in Washington, D. C. and their efforts on behalf of the City of Virginia Beach. A 2004 copy of the City's Mid-Year Status Report for pending requests before Congress and contract renewal was included. Council Lady Wilson met with Nancy Prowitt, Consultant with Alcade & Fay, who was very capable and gracious to her. Council Lady Wilson advised disappointment re their failing to ensure some of City Council's objectives: sand, Rudee Inlet. There was no warning that these items would not be approved. Council Lady McClanan advised communication is necessary with the lobbyingfirm. The City Manager advised the contract with Alcade & Fay was extendedfrom July 2004 through June 30, 2005. However, there is a 30-day written clause for cancellation. Information can be provided relative the management of the contract. Reports from the Lobbyist have been provided to the City Staff. A Briefingfrom Alcade & Fay could be provided. Alcade, & Fay were first engaged September 1991, re Lake Gaston and then, over time, the contract was expanded to include other items. For a while, the main focus of their efforts became the Hurricane Protection project, in which they assisted immensely. Council Members expressed concern relative the length of time to sole source a lobbyist. The Manager advised polling the members of the General Assembly who were very impressed with the services of the lobbyists. Sand for the Oceanfront has never been in the President's budget; however, the City has always managed to negotiate the sand back into the budget. The staff has been working through Senator John Warner's office, who is on "top" of the situation, The Mayor advised Alcade & Fay will brief City Council during January 2005. A committee will review the accomplishments of Alcade & Fay, and forward a recommendation to the City Council re rendering a Requestfor Services (RFP), so other firms will have the opportunity to bid their services. December 14, 2004 - 7 - CITY COUNCIL LIAISON REPOR TS AND CITYCOUNCIL COMMENTS ITEM # 53336 Councilman Villanueva advised Senator Stolle has made very cogent recommendations concerning sound attenuation be mandatory. Councilman Reeve advised if an APZ 1 (highest concern of the Navy) property is taken by eminent domain, it can only be used for a public purpose and not resold for private development. The Air Installations Compatible Use Zones (AICUZ) Task Force has expressed the need to prioritize theAPZ 1 and 2 concerns. Discussion entailed possibly utilizing the landfor defense related business enterprise zones (as in Suffolk), This would strengthen the Tidewater region as a Department of Defense Area and would recoup the investment to acquire the property not currently in line with what APZ's would allow and support, The City Attorney advised last Friday, December 10/h, was the last day, the Virginia General Assembly could request legislation be drafted. The Air Installations Compatible Use Zones (AICUZ) Task Force will make a presentation to City Council on January 4, 2004. Senator Stolle requested the City Attorney formulate proposals he could send to Legislative Services for drafting. The City Attorney advised the proposed eminent domain legislation was DRAFTED, which use depends on the particular application. They way the legislation is written is property can be taken in "fee" simple or just as the Navy has done many times in the past, an easement could be condemned. If an easement is condemned, a restrictive covenant would be placed on the land so the property owner could resell some at whatever use may be consistent with the Navy OPNA V Instructions. However, if the City took the property in the APZ zone (the way it is currently drafted) the land could only be utilized for a public purpose, not redeveloped for purposes consistent with the OPNA V Instruction except for Municipal or Governmental uses. This legislation was DRAFTED in this manner, so the "age old" argument would be reiterated re the City selling the property for a private purpose. ITEM # 53337 Mayor Oberndorf congratulated Marcy Sims, Director - Libraries, who was one of six (6) individuals (state wide) selected for the Humanitarian and Cultural Award. This award was based on Marcy's endeavors with the public through the Friends of the Libraries, helping to stamp out illiteracy, her commitment on many different levels to enhance the growth and intellectual opportunities at the Beach ITEM # 53338 Councilman Maddox referenced the invitation to attend the Ribbon Cutting of the new Norfolk Bus Shelter. Thursday, December 16, 2004 10:30 AM. Norview Avenue and Military Highway The City of Norfolk and Adams Outdoor Advertising have embarked on a new adventure in outdoor advertising. This is a nation wide program which is locally being advertised by Adams Outdoor Advertising, providing (at no expense to the City), modern bus shelters in return for a certain degree of advertising on the bus shelter. The City of Virginia Beach is unable to participate in this program, due to its position on billboards. When Council Members Maddox and Reeve were in Chicago, with Skidmore and Owings, they heard of this program being implemented nationally. December 14, 2004 -8- CITY COUNCIL LIAISON REPORTS AND CITY COUNCIL COMMENTS ITEM # 53338 (Continued) Council Lady McClanan expressed concern re the ludicrous advertising and dark windows on the buses under the direction of Michael Townes, President and Chief Executive Officer - Hampton Roads Transit Councilman Reeve believes shelters will increase ridership with the ability to utilize the bus system. Councilman Reeve believes the City Council does need to find methods to improve user friendliness of mass transit. The key to mass transit is having a user friendly comfortable bus system. The City Manager advised the bus shelters would entail funding of approximately $100,000. The Mayor referenced shelters in Minneapolis which are all see-through and heated. Mayor Oberndorf referenced bus shelter designs from South America being displayed at the United States Conference of Mayors. These designs were not nearly as expensive as $100,000. Portland, Oregon; Seattle, Washington; and, Minneapolis, Minnesota, do not have advertising on their bus shelters. Images are carved into the clear plexiglass shelters. The City Attorney advised, under the current ordinances, the shelter's advertising would be an offsite sign (which is a Billboard). The ordinance can be changed by City Council action. Councilman Maddox advised the City's share of funding to HRT has decreased over the last four (4) or five (5) years to the detriment of mass transit. With the dim prospect road improvements, this is one of the few things the City can afford to do to create more mobility within the City. ITEM # 53339 Council Members Dyer and Villanueva referenced their first Town Hall Meeting (Centerville District Dialogue) on Wednesday December 8, 2004, at 7:00 P.M, Tallwood High School. The Council Members expressed appreciation to Mayor Oberndorf, Council Lady McClanan, Councilman Diezel, the City Manager and Chief Operating Officer for their attendance. This Town Meeting encompassed two (2) hours of impressive dialogue with the citizenry, ITEM # 53340 Mayor Oberndorfreferenced the news conference by Governor Mark Warner advising he has placed $10- MILLION into his proposal for the buses re Bus Rapid Transit (BRT). The Governor was also very supportive of State, local partnerships for road building since the Virginia Department of Transportation was not able to resolve their funding problems. Governor Warner also came to the Hampton Roads Ports where he gave the same report to other elected officials. The monies from the Transportation fund will be paid down to cover the deficit in the General Operating Budget. Mayor Oberndorf thanked the Governor for also including Virginia Beach in matchingfunds with the City's oversight of the building of roads. Councilman Villanueva requested an F AQ (Frequently Asked Questions) re BRT's be placed on the City's website. Councilman Maddox advised the Governor also spoke on WNIS Radio, Friday morning, December 10, 2004, and was very supportive of the Bus Rapid Transit (BRT) as well as the Convention Center. December 14, 2004 -9- AGENDA RE VIE W SESSION 3:12 P.M. ITEM # 53341 J.1. Ordinance to MODIFY the City Code $2-85 application to the payment for unused annual leave hours re Sheriff appointees. The City Manager advised he recommended DENIAL of this Ordinance. A Policy Report was forwarded. There is a mechanism to work thorough this problem, without cost. The City of Virginia Beach does have the highest leave accumulation of any City in the region. No other entity allows payment for unused annual leave. This is an important financial issue, Councilman Diezel advised he was sponsoring this item and recommended its adoption, Sheriff Paul Lanteigne advised the jail, comprised of approximately 1400 inmates, has been operated in a facility designed for 590. Traditionally, the operation has been twenty-five (25) Deputies short. Only seven (7%) to eight (8%) percent leave is allowed. As the end of the calendar year approaches, only 400 hours of Annual Leave can be accumulated. Restricted leave exists, because of minimum staffing standards. Any facility which operates 24-hours-a -day, 7 days-a-week, must provide minimum staffing standards. The other alternative existing, is to allow Deputies leave and pay others time and 'half to fill in slots which normally receive straight time. It is less expensive to compensate for annual leave than to pay time and 'half. During the Muhammad Trial, approximately $60,000 was saved by paying applicable employees for their unused annual leave. Approximately twenty (20) Deputies were hired during the first portion of November, therefore, the department is only seven (7) Deputies short. The Sheriffwill be allocated sixty- eight (68) new Deputies January 1, 2005, in accordance with the new jail addition. However, the Sheriff is unable to hire this many new deputies because of the salary and stresses involved. An extensive advertising campaign will be conducted in January. Sheriff Lanteigne advised initially in November a 3200 hour leave liability existed, since the hiring of the additional Deputies in November, this liability has been reduced to 1650. Councilman Diezel, advised this is not precedent setting. In the 1980's, during a snow storm that strangled the City, all department directors were granted up to eighty (80) hours of compensatory leave. Councilman Diezel advised management drove the decision to deny the employees the opportunity for leave and then is going to eradicate leave earned. This ordinance shall only allow the Sheriff's appointees who are ranked at the level of Major and below and who have accrued annual leave as of December 31, 2004, in excess of the accrual limitation, to request and receive payment for the excess leave. ITEM # 53342 J.2. Ordinances to A UTHORIZE acquisition of property in fee simple for easements by agreement or condemnation and AUTHORIZE the City Manager to make a reasonable offer to owners of interest: b. Sandbridge safety improvements Council Lady McClanan inquired whether the funding is only for the acquisition or the total property cost. Councilman Reeve advised this is the total property cost. John Herzke, advised the estimated site acquisition is $180,000, approximately 27 parcels of land will be involved (no total takes, mostly strips of land across the frontages, usually 5 to 10 feet). The only major acquisition is at the corner of Flanagan's Lane. December 14, 2004 - 10- AGENDA RE VIE W SESSION ITEM # 53343 J. 6. Resolution to REFER to the Plan,ning Commission a proposed amendment to the Comprehensive Plan re Open Space Recreation element for the Transition Area and to include the whole area in the Agricultural Reserve Program (ARP). Councilman Reeve requested this Resolution. re the Agriculture Reserve Program (ARP) be extended to include property in the entire Transition Area, rather than only the portion of that area located east of West Neck Creek. The ARP would continue to apply to the area of the City south of Indian River Road. The western portion of the Transition Area is a concern of the Navy and one of the key points to the Joint Land Use Plan. This extension to include the entire Transition Area would provide another "voluntary tool ". Catheryn Whitesell, Director - Management Services, advised the FY 2004-2005 Budget recommended a 'half cent reduction in the ARP. The projections estimate approximately 600 acres being acquired at roughly $8,000 an acre under the current ARP program. This is sustainable over the next twenty (20) years. At the present time, the City is on track to acquire approximately 400 acres per year, Concerningpossible increase in value of land closer to City Hall, the staff can revisit this decision. Council Lady Wilson requested the Planning Commission perform an analysis concerning the current funding being sustainable. Jack Whitney, Director of Agriculture, advised, as part of the review of the Comprehensive Plan, the question of whether to expand the ARP eligibility area was considered by the Agriculture Advisory Commission in the Spring of2002. The Commission submitted a letter to the Planning Department advising one of the recommendations was to expand the ARP into the western portion of the Transition Area. ITEM # 53344 BY CONSENSUS, the following shall compose the CONSENT AGENDA: ORDINANCES/RESOLUTIONS J.1. Ordinance to MODIFY the City Code S2-85 application to the payment for unused annual leave hours re Sheriff appointees. J. 2. Ordinances to A UTHORIZE acquisition of property in fee simple for easements by agreement or condemnation and AUTHORIZE the City Manager to make a reasonable offer to owners of interest: a. Grayson Road at Witch duck Road intersection improvements b. Sandbridge safety improvements December 14, 2004 - 11 - AGE N DA REV IE W S E S S ION ITEM # 53344 (Continued) J3. Ordinance to AUTHORIZE a temporary encroachment into the right-of-way adjacent to Lake Rudee at 726 Kennedy Avenue by GLEN A. and M. NICOLE WILLIAMS re an existing open pile pier, watercraft lift, wooden access ramp and riprap. J4. Ordinance to ACCEPT from the Department of Justice andAPPROPRIATE $650,000 to the FY 2004-05 Budget re Emergency Operations Center equipment and Protective Apparel for City Responders re weapons of mass destruction. . J5. Ordinance to ACCEPT from the Federal Emergency Management Agency (FEMA) and APPROPRIATE $1,008,035 to the FY 2004-05 Fire Department Budget re operation of the Virginia Task Force 2 (VA-TF2) Urban Search and Rescue Team, J.6. Resolution to REFER to the Planning Commission a proposed amendment to the Comprehensive Plan re Open Space Recreation element for the Transition Area and to include the whole area in the Agricultural Reserve Program (ARP). J 7. Resolution to APPOINT Larana J Owens as Assistant City Attorney December 14, 2004 -12 - AGENDA RE VIE W SESSION ITEM # 53345 J1. Application of J. M. SYKES, INC. for exvansion ofa Nonconformin$l Use re existing office space at 614 10th Street. (DISTRICT 6 - BEACH) Deputy City Attorney Macali advised the one year provision is applicable to Conditional Use Permits and Rezonings. IfCity Council DENIES the Conditional Use Permit or Change of Zoning that application can only be brought back for consideration within one year. As this application is an expansion of a Nonconforming Use, a WITHDRA W AL or DENIAL will allow the application to be brought back at anytime, Therefore, there is no disadvantage in allowing the application to be WITHDRA WN. ITEM # 53346 J2. Applications of DEFORD COMPANIES, INC. at 3500 Glen Arden Road: (DISTRICT 2 - KEMPSVILLE): a. 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) re extension of LeCove Drive b. Conditional Use Permit re community boat dock Councilman Schmidt expressed concern relative the one pier versus individual piers and if the applicant receives the one pier, they will not allow the homeowners to apply for individual piers. Councilman Diezel advised this was his understandingfrom the developer. Stephen White, Planning, advised he will confer with Karen Lasley, Zoning Administrator, and provide information. An additional condition will be provided. ITEM # 53347 J3. Application of STEPHEN LETOURNEAU for a Conditional Use Permit re automobile repair garage at 156A Chestnut Avenue. (DISTRICT 3 - ROSE HALL) (Deferred by City Council on December 7, 2004), Council Lady McClanan recommended this itemfor Consent, subject to conditions. However, along 1-264, the City is allowing all the trees to be cut down. The City Manager shall investigate and advise. ITEM # 53348 J4. Application of THORNTON VIRGINIA LAND TRUST for a Conditional Use Permit refuel sales in conjunction with a convenience store (Wawa) at 1706 Virginia Beach Boulevard. (DISTRICT 6 - BEACH) Council Lady McClanan expressed concern re landscaping. Stephen White, Planning, advised the other Wawa 's have possessed larger acreage in which to work and have installed berms infront. This application, because of the size of the site, will not be afforded this opportunity. During the site plan review process, staff will confer with Wawa re enhancements, as per request of Council Lady McClanan. December 14, 2004 -13 - AGE N DA REV I E W S E S S ION ITEM # 53349 J. 6. Applications of CITY VIEW ONE, LLC at Bonney and Bendix Roads. (DISTRICT 5 -LYNNHAVEN): a. Change ofZoningfrom 0-2 Office District 0 Conditional B-4C Central Business Mixed Use District b. Conditional Use Permit re Multi-Family dwellings, Grocery Stores, Carry-Out Food Stores and Convenience Stores This item will be DISCUSSED during the Closed Session. Stephen White, Planning, distributed a correction to Proffer No.4. ITEM # 53350 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: J.1. Application of J. M. SYKES, INC. for expansion ofa Nonconforming Use re existing office space at 614 10th Street. (DISTRICT 6 - BEACH) J.2. Applications of DEFORD COMPANIES, INC. at 3500 Glen Arden Road: (DISTRICT 2 - KEMPSVILLE): a. 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) re extension of LeCove Drive b. Conditional Use Permit re community boat dock J.3. Application of STEPHEN LETOURNEAU for a Conditional Use Permit re automobile repair garage at 156A Chestnut Avenue. (DISTRICT 3 - ROSE HALL) (Deferred by City Council on December 7, 2004). J.4, Application of THORNTON VIRGINIA LAND TRUST for a Conditional Use Permit refuel sales in conjunction with a convenience store (Wawa) at 1706 Virginia Beach Boulevard. (DISTRICT 6 - BEACH) Item J.1.(J.M Syles, Inc.) will be WITHDRAWN, BY CONSENT. December 14, 2004 -14 - ITEM # 53351 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MA TTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A) (1). To Wit: Appointments: Boards and Commissions: Bicycle and Trails Advisory Committee Board of Building Code Appeals - Maintenance Division - New Construction Division Chesapeake Bay Preservation Area Board - CBP AB Community Services Board - CSB Francis Land House Board of Governors Health Services Advisory Board Historical Review Board Investment Partnership Advisory Committee - PPEA Minority Business Council Parks and Recreation Commission Pendleton Project Management Board Resort Advisory Commission Towing Advisory Board Virginia Beach Community Development Corporation - VBCDC PUBLICLY-HELD PROPERTY. Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 3711 (A)(A)(3). Acquisition/Disposition of Property - Princess Anne District - Police Firing Range Bayside District Lynnhaven District - City View One LEGAL MATTERS: Consultation with legal counselor briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-3711 (A)(7). Lynnhaven District City View One PUBLIC CONTRACT: Discussion or consideration by a responsible public entity or an affected local jurisdiction, as those terms are defined in Section 56-557, of confidential proprietary records excluded from this chapter pursuant to Section 2.2-3705(A)(56) AND discussion of the award of a public contract involving the expenditure of public funds; and, discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body. Princess Anne District Police Firing Range Upon motion by Councilman Wood, seconded by Councilman Schmidt, City Council voted to proceed into CLOSED SESSION (3:50 P.M.). December 14, 2004 - 15 - ITEM # 53351 (Continued) Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Reba S. McClanan, 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: Vice Mayor Louis R. Jones and Richard A. Maddox (Recess: 3:54 P.M. - 3:57 P.M.) (Closed Session: 3:57 P.M. - 5:45 P.M.) (Dinner: 5:45 P.M. - 6:05 P.M.) December 14, 2004 -16 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL December 14, 2004 6:05 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 14, 2004, at 6:05 P.M. Council Members Present: Harry E. Diezel, Robert M. Dyer, 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: Vice Mayor Louis R. Jones [Family Vacation} INVOCATION' Mr. Thomas Le Neave Virginia Beach State President Church of Jesus Christ of Latter Day Saints PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and ofwhich 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 ofwhich 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 ths disclosure, Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record. December 14, 2004 - 17- Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 53352 Upon motion by Councilman Wood, seconded by Councilman Schmidt, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, 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: Vice Mayor Louis R. Jones December 14, 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 # 53351, page 14, 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 confo11l).ity 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 Smith, MMC City Clerk December 14,2004 - 18- Item V-F.1. MINUTES ITEM # 53353 Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of December 7, 2004. Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Reba S. McClanan, Richard A. Maddox, Mayor MeyeraE. Oberndorf, Peter W. Schmidt, RonA. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Jim Reeve Council Members Absent: Vice Mayor Louis R. Jones Councilman Reeve ABSTAINED as he was not in attendance during the City Council Session of December 7, 2004, December 14, 2004 Item V-G. ADOPT AGENDA FOR FORMAL SESSION BY CONSENSUS, City Council ADOPTED: - 19- ITEM # 53354 AGENDA FOR THE FORMAL SESSION December 14, 2004 - 20- Item V-H. ORDINANCES/RESOLUTIONS ITEM # 53355 Upon motion by Council Lady McClanan, seconded by Councilman Reeve, City Council APPROVED IN ONE MOTION Items 1, 2a/b 3,4, 5a/b, 6 an d 7 of the CONSENT AGENDA. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, 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: Vice Mayor Louis R. Jones December 14, 2004 - 21 - Item V-H.J. ORDINANCES/RESOLUTIONS ITEM # 53356 Upon motion by Council Lady McClanan, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to MODIFY the City Code 92-85 application to the payment for unused annual leave hours re Sheriff appointees. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, 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: Vice Mayor Louis R. Jones December 14, 2004 1 Requested by Councilmember Harry Diezel 2 3 AN ORDINANCE TO MODIFY APPLICATION OF CITY 4 CODE '5 2-85 TO PERMIT CERTAIN APPOINTEES OF 5 THE VIRGINIA BEACH SHERIFF'S OFFICE TO 6 RECEIVE PAYMENT FOR UNUSED ANNUAL LEAVE 7 HOURS THAT EXCEED THE ANNUAL LEAVE CARRY- 8 OVER LIMITATIONS 9 10 WHEREAS, City Code '5 2-85 provides that "[n]o employee 11 shall be paid for unused annual leave except upon termination of 12 employment. No employee shall be allowed to carry more 13 than four hundred (400) hours of accumulated annual leave from 14 one calendar year to the next if the employee works a forty-hour 15 workweek, or five hundred sixty (560) hours of accumulated 16 annual leave if the employee works a fifty-six hour workweek . 17 II. . , 18 WHEREAS, City Code '5 2-85 is applicable to Sheriff's 19 Office appointees; 20 WHEREAS, Sheriff's Office appointees who have 21 accumulated more hours of annual leave than the Code allows to 22 be carried over to the following year often make requests toward 23 the end of the calendar year for annual leave, so as not to lose 24 accrued time; 25 WHEREAS, the Sheriff's Office is generally required to 26 grant the multiple requests for leave made by its appointees, 27 even when those requests are received toward the end of the 1 28 calendar year and the leave granted may cause the Sheriff's 29 Office a hardship in its ability to meet staffing requirements; 30 WHEREAS, extreme overcrowding conditions and the lack 31 of sufficient manpower resources has reduced the ability to 32 grant leave requests; 33 WHEREAS, because the Sheriff's Office is required to 34 maintain minimum staffing at all times, the Sheriff's Office 35 often must offer other appointees overtime at a rate of time- 36 and-a-half in order to maintain the necessary level of staffing 37 when appointees take leave; and 38 WHEREAS, allowing Sheriff's Office appointees who are 39 ranked at the level of Major and below and who have accrued 40 annual leave in excess of the accrual limitations to request 41 payment for the excess leave instead of taking that leave could 42 be mutually beneficial to the appointees and the Sheriff's 43 Office. 44 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 45 CITY OF VIRGINIA BEACH, VIRGINIA: 46 That the application of City Code Section 2-85 shall hereby 47 be modified during calendar year 2004 to allow Sheriff's Office 48 appointees who are ranked at the level of Maj or and below and 49 who have accrued, as of December 31, 2004, annual leave in 50 excess of four hundred hours to request and receive payment in 2 51 lieu of annual leave for those annual leave hours accrued in 52 excess of four hundred hours, at the appointee's regular rate of 53 pay. No appointee shall be required to request payment in lieu 54 of requesting leave. The Sheriff is only authorized to expend 55 funds for these payments from his current appropriations and 56 without additional funds from the City of Virginia Beach. 57 Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th, day of December , 2004. CA-9457 H:\GG\OrdRes\Public Safety Overtime Ord.ord.-a.doc R-2 December 7, 2004 APPROVED AS TO LEGAL SUFFICIENCY: A }vr. /0 IJo /}, _ rnd / '. L( I. (i.Jdj' City A orney's Office 3 - 22- Item V-H.2.a/b ORDINANCES/RESOLUTIONS ITEM # 53357 Upon motion by Council Lady McClanan, seconded by Councilman Reeve, City Council ADOPTED: Ordinances to A UTHORIZE acquisition of property in fee simple for easements by agreement or condemnation andA UTHORIZE the City Manager to make a reasonable offer to owners of interest: a. Grayson Road at Witchduck Road intersection improvements b. Sandbridge safety improvements Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, 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: Vice Mayor Louis R. Jones December 14, 2004 1 AN ORDINANCE TO AUTHORIZE ACQUISITION 2 OF PROPERTY IN FEE SIMPLE FOR RIGHT OF 3 WAY FOR GRAYSON ROAD AT WITCHDUCK 4 ROAD INTERSECTION IMPROVEMENTS, CIF 2- 5 285.197 AND THE ACQUISITION OF 6 TEMPORARY AND PERMANENT EASEMENTS, 7 EITHER BY AGREEMENT OR CONDEMNATION 8 9 10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public 11 necessity exists for the construction of this important roadway project to improve transportation 12 within the City and for other related public purposes for the preservation of the safety, health, peace, 13 good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 Section 1. That the City Council authorizes the acquisition by purchase or condemnation 17 pursuant to Sections 15.2-1901, et seq., Sections 33.1-89, et seq., and Title 25.1 of the Code of 18 Virginia of 1950, as amended, of all that certain real property in fee simple, including temporary and 19 permanent easements and entire tracts upon which such rights of way or easements shall be located, 20 within the limitations and conditions of Section 33.1-91 of the Code of Virginia of1950, as amended 21 (the "Property"), as shown on the plans entitled "GRAYSON ROAD AT WITCHDUCK ROAD 22 INTERSECTION IMPROVEMENTS, CIF 2-285.197," (the "Project") and more specifically 23 described on the acquisition plats for the Project (plats and plans collectively referred to as the 24 "Plans"), the Plans being on file in the Engineering Division, Department of Public Works, City of 25 Virginia Beach, Virginia. 26 Section 2. That the City Manager is hereby authorized to make or cause to be made on behalf 27 of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners 28 or persons having an interest in said Property. If refused, the City Attorney is hereby authorized to 29 institute proceedings to condemn said Property. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 4 th day of 32 December , 2004, 33 34 35 CA q~~~ 36 PREPARED: 11/16/04 37 APPROVED AS TO CONTENT 38 ~ c. ~""- GNATURE PtV iht/ tstafi DEPARTMENT 39 40 41 42 43 44 45 46 APPROVED AS TO LEGAL SUFFICIENCY AND FORM 47 ~~~ ~ CITY ATTORNEY 48 49 GRAYSON RD @ WITCH DUCK RD CIP2-285,197.DGN J.L.M, PREPARED BY PAN ENG. CADD DEPT. NOVEMBER 19, 2004 1 AN ORDINANCE TO AUTHORIZE ACQUISITION 2 OF PROPERTY IN FEE SIMPLE FOR RIGHT OF 3 WAY FOR SANDBRIDGE SAFETY 4 IMPROVEMENTS, CIF 2-067 AND THE 5 ACQUISITION OF TEMPORARY AND 6 PERMANENT EASEMENTS, EITHER BY 7 AGREEMENT OR CONDEMNATION 8 9 10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public 11 necessity exists for the construction of this important roadway project to improve transportation 12 within the City and for other related public purposes for the preservation of the safety, health, peace, 13 good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach, 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 Section 1. That the City Council authorizes the acquisition by purchase or condemnation 17 pursuant to Sections 15.2-1901, et seq" Sections 33.1-89, et seq., and Title 25.1 of the Code of 18 Virginia of 1950, as amended, of all that certain real property in fee simple, including temporary and 19 permanent easements and entire tracts upon which such rights of way or easements shall be located, 20 within the limitations and conditions of Section 33.1-91 of the Code of Virginia of1950, as amended 21 (the "Property"), as shown on the plans entitled "SANDBRIDGE SAFETY IMPROVEMENTS CIF 22 NO. 2-067," (the "Project") and more specifically described on the acquisition plats for the Project 23 (plats and plans collectively referred to as the "Plans"), the Plans being on file in the Engineering 24 Division, Department of Public Works, City of Virginia Beach, Virginia. 25 Section 2. That the City Manager is hereby authorized to make or cause to be made on behalf 26 of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners 27 or persons having an interest in said Property. If refused, the City Attorney is hereby authorized to 28 institute proceedings to condemn said Property. 29 30 Adopted by the Council of the City of Virginia Beach, Virginia, on the' 4 th day of 31 December, 2004. 32 33 34 CA 942B 35 PREPARED: 11/15/04 36 APPROVED AS TO CONTENT 37 38 39 ~(l.~ GNATURE plJJ ReIJI (~ DEPARTMENT 40 41 42 43 44 45 APPROVED AS TO LEGAL SUFFICIENCY AND FORM 46 ~(~K CITY ATTORNEY 47 48 LOCATION MAP SHOWING SANDBRIDGE ROAD SAFETY IMPROVEMENTS C.I.P. #2-067 SANDBRIDGE ROAD CIP2-Q67.DGN j,L.M. PREPARED BY PM' ENG, CADD DEPT, NOVEMBER 17,2004 r:F1 ~ <0 ~~ ~u ~~Z ;>. .., 0 . ~~ · \fJ "'co~ ~~> u~~ <~Q ~ d c:o~~ <CO~ ~ ~ ZL....J~ SL"~ ~Zd ;>~Z b~>I-1 ~~ 8~ < ~ ~ o r:F1 ~ Z ~ ~ ~ > <0 ~~ tI~ ~~t--~ >~\OO ON ~"' ~ N g" U~O~ <~Z~ ~~~d c:o ~ ~ ;:J <~U< ~r:F1 tI~ ~d >0 ~ CO o ~ r/J. ~ ~ z g ~ ; 0 . ~ " ~ " . is ~ c o ~ 05 ~1--4 ~~ ~u ~~ o~ Zr/J .. Z r/Jo ~u ~~ ~o ~~ o o .....-l ~ """ f ;i" I .! li~ . liJi. ji; I I j, I . ~ ~"" "", ~ o '" ! '0 000 b' 8 '"'h./~ : S- o gfi :s?' l' 'P"18 It/a 'Ja l.Jo1dl) $l,f i ;,0, Os (j (j /O-,Ol<:-Ol G? I;:' V "., ~I.tf..tl>- .so"Olv0...0' ~ ~ oO~:G ~~ o ~~q:qH ~~ · , i, I! !""'" , ; , . ", .". < , , " . , . , . ; '" 'P'h::,,;. .. '''' ! "l:'li;I'II!!'ll 1,!,!!"" "~M~ v++<-OOMMM<< ~~_~~_ < '" ~ ~~a~i~~~I;;~~~~~~1;;1;; 0<<~~~~1;;:~ " O--~0<<, ......~~~..Iii e"'1;;0~ '. "" 1 , !"';~;!;;'!!!" ~;;;iillll ! '.."".o....!!!!! ".',...., ~ ! 1lllilllllllllllllllllll!llll ~ l '111!!II!II~!lllliilli!!I!!iliillil ~ ~ ~ H II j q! ~ ~ ~~ h ! ! ~ ~ n n n n B.. ~J L ~ ~ ~ ~ ~ ~iilUi' l. '''', ,.... .. U00 ~ s= ~ O<~.. "'~~ !3~:!~ ~,,<.. ...,. :g g E! " ~ ., ~ < <. . ~ ~ ~ ~ . - 23- Item V-H.3. ORDINANCES/RESOLUTIONS ITEM # 53358 Upon motion by Council Lady McClanan, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to AUTHORIZE a temporary encroachment into the right-of-way adjacent to Lake Rudee at 726 Kennedy Avenue by GLEN A. and M. NICOLE WILLIAMS re an existing open pile pier, watercraft lift, wooden access ramp and riprap. The following conditions shall be required: 1. The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval as to size, alignment and location. 2. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 3. The applicant shall indemnifY and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the temporary encroachment. 4. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 6. The applicant shall obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant must also carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant must provide endorsements providing at least thirty (30) days' written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. December 14, 2004 - 24- Item V-H.3. ORDINANCES/RESOLUTIONS ITEM # 53358 (Continued) 7. Any above-ground temporary encroachment shall conform to the minimum setback requirements, as established by the City Traffic Engineer's Office. 8. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicantfor the use of such portion of the City's right-ofway encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant,' and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100,00) per day for each and every day that such temporary encroachment is allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes, Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, 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: Vice Mayor Louis R. Jones December 14, 2004 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF THE CITY 6 PROPERTY KNOWN AS LAKE RUDEE 7 BY GLEN A. WILLIAMS AND M. 8 NICOLE WILLIAMS, THEIR HEIRS, 9 ASSIGNS AND SUCCESSORS IN 10 TITLE 11 12 WHEREAS, GLEN A. WILLIAMS and M. NICOLE WILLIAMS desire to maintain 13 an existing open pile pier, personal watercraft lift, wooden access ramp and riprap 14 within the City's property known as Lake Rudee and adjacent to their property located at 15 726 Kennedy Avenue, Virginia Beach, Virginia 23451. 16 WHEREAS, City Council is authorized pursuant to ~~ 15.2-2009 and 15.2-2107, 17 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 18 City's property subject to such terms and conditions as Council may prescribe. 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 That pursuant to the authority and to the extent thereof contained in ~~ 15.2- 22 2009 and 15,2-2107, Code of Virginia, 1950, as amended, GLEN A. WILLIAMS and M. 23 NICOLE WILLIAMS, their heirs, assigns and successors in title are authorized to 24 maintain a temporary encroachment for an existing open pile pier, personal watercraft 25 lift, wooden access ramp and riprap within the City's property known as Lake Rudee as 26 shown on the map entitled: "Exhibit A," a copy of which is on file in the Department of 27 Public Works and to which reference is made for a more particular description; and 28 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly 29 subject to those terms, conditions and criteria contained in the Agreement between the 30 City of Virginia Beach and GLEN A. WILLIAMS and M. NICOLE WILLIAMS (the 31 "Agreement"), which is attached hereto and incorporated by reference; and 32 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 33 is hereby authorized to execute the Agreement; and 34 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 35 time as GLEN A. WILLIAMS and M. NICOLE WILLIAMS and the City Manager or his 36 authorized designee execute the Agreement. 37 Adopted by the Council of the City of Virginia Beach, Virginia, on the 38 14th day of December ,2004. 39 40 APPROVED AS TO CONTENTS :~ ~,tR~.~Sh' 44 45 46 47 48 49 50 51 52 53 54 55 56 57 ..m #pJ E~ DEPARTMENT APPROVED AS TO LEGAL SUFJNl;; U ATTOR Y CA- q... ~.q PREPARED: 11/03/04 PREPARED BY 'v'IRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(c)(3) THIS AGREEMENT, made this ~ day of November ,2004, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and GLEN A. WILLIAMS and M. NICOLE WILLIAMS, husband and wife, THEIRHEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel ofland designated and described as "Lot B-1, Block 40, Shadow Lawn Heights" and being further designated and described as 726 Kennedy Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain an existing open pile pier, personal watercraft lift, wooden access ramp and riprap, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Rudee, "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN 2427-01-3257 , 1 I I I i i ; I NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing orto accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "AS- BUILT ENCROACHMENT REQUEST PRIVATE PIER, LIFT, RAMP AND RIPRAP FOR GLEN A AND M. NICOLE WILLIAMS", a copy of which is attached hereto as Exhibit" A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from The Encroachment Area in the event of an emergency or public necessity. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and 2 expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection oflocal or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such 3 1\ ! removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and everyday that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection oflocal or state taxes. IN WITNESS WHEREOF, GLEN A. WILLIAMS and M, NICOLE WilLIAMS, the said Grantee has caused this Agreement to be executed by their signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalfby its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager! Authorized Designee of the City Manager (SEAL) I ATTEST: I I II Ruth Hodges Smith, MMC City Clerk .-....j ( /~ ......~'--/".7 /~ . . <2f~M A. WILLIAMS I . . uCtA {KttlJ; If)tLL ~ M. NICOLE WILLIAMS (SEAL) (SEAL) 4 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this _ day of 2004, by , City Manager/Authorized Designee of the City Manager of the City of Virginia Beach, Virginia, on its behalf. Notary Public My commission expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this _ day of , 2004, by Ruth Hodges Smith, MMC, City Clerk of the City of Virginia Beach, Virginia, on its behalf. Notary Public My commission expires: 5 II STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this [SF day of Ntjfr Iv\bcL 2004~hLEN A. WILLIAMS. l~o~ My commission expires: My Comm:s<:;r:n F,,:o'rp<:; h:r"ll'lT:ber 30. 2CD5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this l ~r day of ~ u.~ bvt , 2004~L:. NICOLE WILLIAMS, lk~~i~- My commission expires: My C(lrnf"";~f"i('., F"";''''i Mt"\"flrnher 30, 2005 APPROVED AS TO LEGAL SUFFICIENCY APPROVED AS TO CONTENT /'-\ - '. I'~\" /1 \. ,Prill" ./' .,(~ I' ';>.,)". l' Ir " ~L~:" lCc....,' \..,. i- I,-,-f\{~, /\iCd(..~''''''''''' G{TY REAL ESTATE AGENT Form Rev. 03-24-04 6 10' x 32' P/ER/DA VITS AS APPROVED (FAINT LINE) PIER/RAMP /pWl AS BUILT (BOLD LINE) N/F M.R. MONDON IPF IPF N 76'6'37" E 50.00' GPIN: 2427-01-3257 9 11 12 13 I L____ I ----- I I I I ,--------- I I I I 14 15 I EXHIBIT "A" KENNEDY A VENUE (50') AS-BUlL T ENCROACHMENT REQUEST PRIVATE PIER, LIFT, RAMP AND RIPRAP FOR GLEN A. and M. NICOLE WILLIAMS LOT B-1. RESUB, OF LOTS A & B, BLK. 40, SHADOW LAWN HEIGHTS L YNNHA VEN DISTRCT VIRGINIA BEACH, VA 2.3451 (M.B. .302 PG. 99) DA TE: SEPTEMBER .30, 2004 WA TERFRONT CONSUL TING, INC 1112 JENSEN DRIVE, STE. 206 VIRGINIA BEACH, VA 23451 PHONE: (757) 425-8244 FAX: (757) 425-8244 10' x 32' PIER/DA VITS AS APPROVED (FAINT LINE) PIER/RAMP /pWL AS BUILT (BOLD LINE) N/F M.R. MONDON ~o~ o~ ~ ~<v~ ~o<< ~ ~s = v~ :-' \~ ~~ 1'0 o c.o L{) w 3-S-F # 726 -" tN oi tN oi ~ PLAN VIEW;, 1'0 SCALE 1" = 30' ~ 1'0 LOT B-1 C/) IPF IPF N 76'6'37" E 50.00' GPIN: 2427-01-3257 8 11 12 13 I L_________ I I I I I ,--------- I ! 15 I I EXHIBIT "A" 14 KENNEDY A VENUE (50') AS-BUlL T ENCROACHMENT REQUEST PRIVA TE PIER, LIFT, RAMP AND RIPRAP FOR GLEN A, and M, NICOLE WlWAMS LOT B-1. RESUB. OF LOTS A & B, BLK. 40, SHADOW LAWN HEIGHTS L YNNHA VEN D/STRCT VIRGINIA BEACH, VA 23451 (M.B. 302 PG. 99) DA TE: SEPTEMBER 30, 2004 WA TERFRONT CONSUL TlNG, INC 1112 JENSEN DRIVE, STE. 206 VIRGINIA BEACH, VA 23451 PHONE: (757) 425-8244 FAX: (757) 425-8244 1990 \ I I ' , , ' , , , , \ , I I , , I , , ' , , , I , I \ \ ....~_...\-.. I \ \ \ \ \ \ \ . . . , ~ ' o GA WILlIAMS.DGN M.j.S. ..........(' , , >... " " '" ~... ..' , RUDEE INLET / , , GPIN_ ~... ,/j> 2427-01-Jl5j/'" ) /.' " "--J" //"/ I"""//' ~ lOCATION MAP FOR EXISTING ENCROACHMENTS INTO LAKE RUDEE FOR GLEN A. WilLIAMS AND M. NICOLE WilLIAMS GPIN 2427-01-3257 SCALE: 1" - 200' , , PREPARED BY P;W ENG, CADD DEPT, DECEMBER 1, 2004 - 25- Item V-H.4. ORDINANCES/RESOLUTIONS ITEM # 53359 Upon motion by Council Lady McClanan, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to ACCEPT from the Department of Justice and APPROPRIATE $650,000 to the FY 2004-05 Budget re Emergency Operations Center equipment and Protective Apparel for City Responders re weapons of mass destruction. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, 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: Vice Mayor Louis R. Jones December 14,2004 1 2 3 4 5 6 7 8 9 AN ORDINANCE TO ACCEPT AND APPROPRIATE $650,000 FROM THE U.S. DEPARTMENT OF JUSTICE TO THE FY 2004-05 OPERATING BUDGET TO PROVIDE EMERGENCY OPERATIONS CENTER EQUIPMENT AND PERSONAL PROTECTIVE APPAREL FOR CITY RESPONDERS WHEREAS, the City has been awarded pass-through funding 10 from the U. S. Department of Justice to support the response to 11 and coordination of Weapons of Mass Destruction events. 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 13 OF VIRGINIA BEACH, VIRGINIA: 14 1. That $650,000 is hereby accepted from the U.S. 15 Department of Justice and appropriated as follows: 16 (a) $400,000 to the Communications and Information 17 Technology Department's FY 2004-05 Operating Budget to provide 18 equipment to fully outfit the City's Emergency Operations 19 Center; 20 (b) $50,000 to the Police Department's FY 2004-05 Operating 21 Budget to purchase ballistic body armor for police responders; 22 and 23 (c) $200,000 to the Fire Department's FY 2004-05 Operating 24 Budget to purchase protective equipment and apparel for City 25 responders. 26 2 . That revenue from the federal government is increased 27 by $650,000 in the FY 2004-05 Operating Budget. Accepted by the Council of the City of Virginia Beach, Virginia on the 14th day of Dpr.pmhpr , 2004. Approved as to Content Approved as to Legal Sufficiency ~ f'\ -." '\ n I (~ Cv\fU~ II \J ~ Management Services . CA9452 Rl December 1, 2004 H:\PA\GG\ORDRES\2003 Domestic Assistance .Grant ord.doc . . COMMONWEALTH of VIRGINIA MICHAEL M. CLINE State Coordinator Department of Emergency Management l. RAlP}I JONES, JR. " Deputy Coordinator February 13, 2004 10501 Trade Court Richmond, Virginia 23236-3713 (804) 897-6500 (TOO) 674-2417 FAX (804) 897-6506 JANET L. CLEMENTS Deputy' Coordinator Mr. James K. Spore City Manager Virginia Beach City 2401 Courthouse Drive" Virginia Beach, V..('23456 . 3;':; ,i :). it jiJ~ ;! F FE 1 6 2004 ; :.~:_.: i ; I I ";. .... ,.:.. ':.; .. .....J I t.............',.::::... ;.:F '.:' r': ~L'-:4 :.. ,::..i.l-i: 1 ,...._.... .:....,:.:'..~l:_..............! Dear Mr: Spore: We are pleased to infonn you that Grant Funds from the Department of Homeland Security, Office of Domestic Preparedness and administered by the Commonwealth in the amount of $930,300.00 will be forwarded to Vuginia Beach City within the next 10 days. This funding is from the ODP' 2003-11 Grant Program. As a point of important clarification when planning your expenditures remember that you may only spend a maximum Qf3% of your total grant award in the Planning! Administra1ive costs area. We are in the process of having these funds transferred to Virginia Beach City's account via the Commonwealth's finance system, so.please have your finance personnel be on the lookout for the transaction. Remember that this represents ~fimds to purchase the items that your locality has determined it requires to meet the 2003 n Grant program objectives and your locali1ies requirements within th~se objec1ives. --- Enclosed are required grant activity reports that you are required to tp1 out and return no later than the date listed on the rmort with an approving signature. Please include the paid invoices for funds expended during this reporting period. You have until June 30, 2005 to complete your acquisitions. If you would like an electronic copy of these reports please contact Cheryl Adkins at 804/897-6500, extension 6597. . Ifwe can help you in any way, please contact Julian Gilman at (804) 897-6500, extension 6595. He will ~ be able to help with any issues that you may have. . Sincerely, nJi) io/C~ Michael M. Cline MMC/JDG: cab Enclosure c: Julian Gilman "Working to Protect People, Property and Our Communities" - 26- Item V-H.5. ORDINANCES/RESOLUTIONS ITEM # 53360 Upon motion by Council Lady McClanan, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to ACCEPT from the Federal Emergency Management Agency (FEMA) andAPPROPRIATE $1,008,035 to theFY 2004-05 Fire Department Budget re operation of the Virginia TaskForce 2 (VA-TF2) Urban Search and Rescue Team. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, 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: Vice Mayor Louis R. Jones December 14, 2004 1 2 3 4 5 6 7 8 9 AN ORDINANCE TO ACCEPT AND APPROPRIATE $1,008,035 FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY TO THE' FY 04-05 OPERATING BUDGET OF THE FIRE DEPARTMENT FOR CONTINUED OPERATION OF THE VIRGINIA TASK FORCE 2 URBAN SEARCH AND RESCUE TEAM WHEREAS, the Federal Emergency Management Agency has 10 approved $1,008,035 in financial assistance for the continued 11 operation of the Virginia Task Force 2 Urban Search and Rescue 12 Team. 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA: 15 1) That $1,008,035 in additional federal revenue is hereby 16 accepted from the Federal Emergency Management Agency 17 and appropriated to the FY 04-05 Operating Budget of the 18 Fire Department to cover costs associated with the 19 Virginia Task Force 2 Urban Search and Rescue Team, with 20 federal revenue increased accordingly. 21 2) That 3.25 positions are hereby established in the FY 22 2004-05 Operating Budget of the Fire Department; 23 provided, however, that these new positions are 24 conditioned upon continued grant funding. 25 Accepted by the Council of the City of Virginia Beach, 26 Virginia on the 14th day of December , 2004. Approved as to Content Approved as to Legal Sufficiency ~QfjJ Q , a~ Management Services CA9456 R3 December 3, 2004 H:\PA\GG\ORDRES\FEMA Search & Rescue.doc Af> FEDERAL EMERGENCY MANAGEMENT AGENCY ASSISTANCE AWA~D/AMENDMENT ~SSISTANCE INSTRUMENT 2, TYPE OF ACTION IE COOPERATIVE AGREEMENT o GRANT o AWARD IE AMENDMENT 3. INSTRUMENT NUMBER 4. AMENDMENT NUMBER 5, EFFECTIVE DATE 16. CONTROL NUMBER EMW-2004-CA-0448 M001 See Block 21 W395128Y 7. RECIPIENT NAME AND ADDRESS 8. ISSUING/ADMINISTRATION OFFICE City of Virginia Beach - VA TF-2 Federal Emergency Management Agency Attn: City Manager James Spore Financial &'Acquisition Management Div 2408 Courthouse Drive Grants Management Branch 500 C Street, S.W., Room 350 Washington DC 20472 Virginia Beach VA 23456 Specialist: Marilynn Grim (202) 646-3459 9. RECIPIENT PROJECT MANAGER 10. FEMA PROJECT OFFICER Walt Hunter (757) 431-4160 Wanda Casey, 202-646-4013 11. ASSISTANCE ARRANGEMENT 12, PAYMENT METHOD 13. PAYMENT OFFICE IE COST REIMBURSEMENT o TREASURY CHECK Federal Emergency Management Agency l o COST SHARING REIMBURSEMENT Accounting Services Division o FIXED PRICE o ADVANCE CHECK Disbursement & Receivables Branch 500 C Street, S.W., Room 723 o OTHER [!J LETTER OF CREDIT Washington DC 20472 14, ASSISTANCE AMOUNT 15, ACCOUNTING & APPROPRIATION DATA PREVIOUS AMOUNT $973,035.00 See Continuation Page AMOUNT THIS ACTION $35,000.00 TOTAL AMOUNT $1.008.035.00 16. DESCRIPTION OF PROJECT The purpose of this modification is to provide additional funding to cover travel/administrative costs for the Task Force to attend Task Force Leaders meetings, Working Group meetings and Operations Group meetings. ACCORDINGLY: 1) Article III - Amount Awarded The Amount Awarded is hereby changed from $973,035.00 to $1,008.035.00. 2) The amount obligated is hereby increased by $35,000.00 from $973,035.00 to $1,008,035.00. 3) All other terms and conditions remain unchanged and in full force and effect. END OF MODIFICATION M001. 17, RECIPIENT REQUIREMENT IB RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO THE ISSUING/ADMIN OFFICE IN BLOCK 8. D RECIPIENT IS NOT REQUIRED TO SIGN THIS DOCUMENT. 18. RECIPIENT (Type name and title) James K. Spore, City Manager 19. ASSISTANCE OFFICER (Type name and lilJe) Arlene Ramsey Assistance Officer DAOG 1 2 2004 JUL-30-2004 20:17 FEMA AR-FA-GM FEDI:RAL EMERGENCY MANAGEMENT AGENCY ASSISTANCE AWARDfAMENDMENT 2. TYPE OF ACTION [!] AWARD 5. I:FFEC I E DATE See Block 2l 202 646 4156 P.04 1. ASSISTANCE INSTRUMENT I] COOPERATIVE AGREI:MI:NT o GRANT 3, INSTRUMENT NUMBER 4. AMENDMENT NUMBER EMW-2004-CA-0448 .. 7.RECIPIENT-NAMI:.ANDAODRESS.. p.., ... -... --.- -...- --.. City of Virginia Beach - VA TF-2 Attt). C~t:y Manager "'ames Spore 2408 Courthouse Drive Virginia Beach VA 23456 9. RECIPIENT PROJECT MANAGER Walt HlUlter (757) 431-4160 11. ASSISTANce ARRANGEMENT 12. PAYMENT MeTHOD [iJ COST REIMElURSEMENT o TREASURY CHECK o COST SHARING REIMBURSEMENT o FIXED PRICE o ADVANCE CHECK o OTHER o LETTeR OF CREDIT 14. ASSISTANCE AMOUNT PREVIOUS AMOUNT $0.00 AMOUNT THIS ACTION $973,035.00 TOTAL AMOUNT S'73,035.00 o AMENDMENT 6. CONTROL NUMBER Wa7;J.,70Y B, I$SUlNG/ADMINISTRATION OFFICE Fel1eral Emergency Management: Agency Financial & Acquisition Managem~nt civ Grants Management Branch 500 e Street, S.W., Room 350 Wash1ngton DC 20472 Specialist: Marilynn Grim (202) 646-3459 10. FEMA PROJECT OFFICER wanda casey, 202-646-4013 13. PAYMENT OFFice Federal Emergency Man8gemenh Agency AcCQUnt1ng Services Division Disbursement & Receivabl.. Branch 500 c: Street., S. H.. Room 723 19ashington DC 20472 15. ACCOUNTING & APPROPRIATION DATA See Continuation Page 16. OE:SCRIPTION OF PROJECT This is a cooperative AGreement for the development: and maintenance of Nat:ional Urban search and Rescue response system~ resources. The Task Foroe& will be prepared to provide qualified and compec&nt Urban Search and Rescue personnel and equ1pment in support of ESR-~ activities. please refar to the Agreement ~~ticleB for ~he Term~ and Conditions of this COoper4tive Agreement. The Statement of Work (SOW), the attachments to the SOW, the budget and budget narrative are made a part of this cooperat1ve Agreement. Catalogue of Federal Domes~ic AB~istanee (CFDA) No. ~7.02S applies to this Coo~erative Agreement. The period of Performance is 09/01/04 thru 09/30/06. End ot Agreement. 17. RECIPIENT REQUIREMENT IB RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO THE ISSUING/ADMIN OFFICE IN BLOCK e. o RECIPIENT IS NOT REQUIRED TO SIGN THIS DOCUMENT. 18. RECIPIENT (Type name and title) 19. ASSISTANCE OFFICER (Type name and title) Ric:hllrd Good....ll Assi$t~ee Officer 20. SIGNATURE! OF RECIPIENT I DATE DATE '7 - 'Z. 1-. ..otl FlONlA FOlm 40.21. APR 8$ REPLACES E H IS OBSOLETE. . . . n~. FEMA URBAN SEARCH & R.ESCUe RESPONSE. PROGRAM US&R Program OffIce FV04 Commilnd Vehlcle Acqll,l!$U1Qn REl\liew Proceu TASKfORCE: * r.Ji: Z. (tlA. k,V REVIEW DATE: /6("lfJ l/rJQ If J I The 6aUowing considerations ere required to t".onforrn to the- FV2004 Cornman-d Vehicl& Acql"ll'ilffiQl1 Lnil:~va: ,. Vehicle $UV (SutxJlimn.ty,pe) 4WD wJop1ions Pickup 4WD ATVs (Ga1or...type) vshidJe - .diaS@! 4)(6 WO (tla1Or...type) VQhlc10 - gas 4x2 WO (9-~ #~ .. AppClcaliOt"l co~forms to vehicle purchase guidehnQ5: .. .. _.e1 it I . Total Vp.:hk;:l~ Purcha~l!t Price of $138,036Kor less? . Overage may be Ilaken rtcn'l ~qLtlprn9nt Ac~lsttlO1l ar StorageiMaintenallDe grant s\Jbce1egory. e;:<t~ nded cab 00 pickf,Jp tru Ck$'? QUALCOMM/commu nbtlans wiring p;ilck.ages OU\8f' __. OUler Y.esfNQ Vc~ {c;r , . . Ye.sINo fpo '}t4 ,r . y~ VeslNo . YeslNO.__ Corr.ments.: Ot~du ~ lW\lie..md by: ;> ~ /). r/>&'ia1A- HalliE! OQ~ dwi7/1 Ni!;)I 0 f\:~ b)l; f\r'l. ~(I\ It. ~ ___. NlJFI";t:' to / w I ZOJ,t;Jf Dolo I J Ifl4kr PI'lIA- " Ll~. Spl~Jr" "7j)lrVt/$~ 5.IJ.'h1mrli! ?~. ~-- Sig'oolVo }o! lSh1/ [)~ro i - 27- Item V-H.6. ORDINANCES/RESOLUTIONS ITEM # 53361 Upon motion by Council Lady McClanan, seconded by Councilman Reeve, City Council ADOPTED: Resolution to REFER to the Planning Commission a proposed amendment to the Comprehensive Plan re Open Space Recreation element for the Transition Area and to include the whole area in the Agricultural Reserve Program (ARP). Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, 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: Vice Mayor Louis R. Jones December 14, 2004 1 2 3 4 A RESOLUTION REFERRING TO THE PLANNING 5 COMMISSION A PROPOSED AMENDMENT TO THE 6 COMPREHENSIVE PLAN PERTAINING TO THE OPEN 7 SPACE/RECREATION ELEMENT FOR THE TRANSITION 8 AREA AND THE AGRICULTURAL RESERVE PROGRAM 9 10 11 WHEREAS, on December 9, 2003, the City Council established the 12 Task Force on Land Use in Air Installations Compatible Use Zones 13 (the "Task Force") and charged it with the duties, among others, 14 to participate in the Joint Land Use Study and "[t]o work 15 cooperatively with the Navy, the Department of Defense, the 16 Congress of the United States, and other components of the United 17 States Government at the highest possible levels to reach mutually 18 acceptable and beneficial solutions by which reasonable development 19 opportunities within the City may be maintained without adversely 20 affecting flight operations or compromising the Navy's mission;" 21 and 22 WHEREAS, one potential means by which the aforesaid goals may 23 be attained is through the use of the City's Agricultural Reserve 24 Program, in which participating property owners sell the 25 development rights to the City for an agreed-upon price and terms 26 of payment, thereby adequately compensating such property owners 27 for the development rights to their properties and simultaneously 28 preserving valuable open space and preventing development that may 29 adversely affect flight operations or the Navy's mission; and 30 WHEREAS, under the current Comprehensive Plan and Agricultural 31 Lands Preservation Ordinance, property located in that portion of 32 the Transition Area located east of West Neck Creek is not eligible 33 for inclusion in the Agricultural Reserve Program; and 34 WHEREAS, the extension of the Agricultural Reserve Program 35 into the portion of the Transition Area east of West Neck Creek 36 would provide an enhanced opportunity for the City to advance the 37 aforesaid objectives it set in creating the Task Force and in 38 participating in the Joint Land Use Study; and 39 WHEREAS, the public necessity, convenience, general welfare 40 and good zoning practice so require; 41 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 42 VIRGINIA: 43 That there is hereby referred to the Planning Commission, for 44 its consideration and recommendation, a proposed amendment to the 45 Comprehensive Plan pertaining to the open space/recreation element 46 for the Transition Area, a true copy of which amendment is hereto 47 attached. 48 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 49 BEACH, VIRGINIA: 50 That the Planning Commission be, and hereby is, directed to 51 transmit to the City Council its recommendation concerning the 52 aforesaid amendment no later than forty-five (45) days after the 53 date of adoption of this Resolution. 54 2 55 56 Adopted by the City Council of the City of Virginia Beach, 57 Virginia, on the 14th day of December, 2004. 58 59 60 3 REQUESTED BY COUNCILMEMBER JIM REEVE 1 2 3 4 5 6 7 8 AN ORDINANCE TO AMEND THE COMPREHENSIVE PLAN PERTAINING TO THE OPEN SPACE/RECREATION ELEMENT FOR THE TRANSITION AREA WHEREAS, the public necessity, convenience, general welfare 9 and good zoning practice so require; 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 That the portion of the Comprehensive Plan pertaining to the 13 open space/recreation element for the Transition Area is hereby 14 amended and reordained, to read as follows: 15 CHAPTER FIVE 16 PRINCESS ANNE (for.merly the Transition Area) 17 18 IMPLEMENTING THE VISION 19 In order to achieve our vision for the Transition Area, 20 critical elements necessary to implement this vision must be 21 defined. This plan identifies four elements: 22 1. Natural Resources 23 2. Open Space/Recreation 24 3. Developmental Design 25 4. Infrastructure 26 The following section outlines key objectives for each element 27 and provides useful recommendations that should be integrated, 1 28 whenever possible, into development plans affecting this important 29 area of the city. 30 31 2. OPEN SPACE/RECREATION 32 33 Specific recreational and open space amenities associated with 34 the Transition Area must be managed and protected through the 35 following policies: 36 37 . Encourage landowners to utilize the Agricultural Reserve 38 Program in the portion of the Transition Area loc~ted e~ot of 39 Weot Neck Creek, where opportunities exist. 40 41 COMMENT 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 The ordinance amends the Comprehensive Plan's open space/recreation element for the Transition Area. The amendment encourages the use of the Agricultural Reserve Program throughout the entire Transition Area, rather than in only the portion of the Transition Area east of West Neck Creek. Adopted by the City Council of the City of Virginia Beach, Virginia, on the day of , 2005. CA-9448 H: OID\ordres\compplanARPordin. doc R-1 November 23, 2004 AJJ;Zu~f![ ~7CY' City Attorney's Office 2 - 28- Item V-H. 7. ORDINANCES/RESOLUTIONS ITEM # 53362 Upon motion by Council Lady McClanan, seconded by Councilman Reeve, City Council ADOPTED: Resolution to APPOINT Larana J. Owens as Assistant City Attorney Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, 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: Vice Mayor Louis R. Jones December 14, 2004 1 A RESOLUTION APPOINTING LARANA J. 2 OWENS AS ASSISTANT CITY ATTORNEY 3 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 That, pursuant to 5 2-166 of the Code of the City of Virginia 7 Beach, LaRana J. Owens is hereby appointed as Assistant City 8 Attorney, effective January 1, 2005. 9 10 Adopted by the Council of the City of Virginia Beach, 11 Virginia, on the 14th day of December , 2004. 12 13 CA 9 4 5 3 14 H:\GG\Ordres\Owens.Appointment.Res.doc 15 Rl 16 November 23, 2004 17 18 19 APPROVED AS TO LEGAL 20 SUFFICIENCY: 21 1 / ~~ iAJ &it ;V/ ~, 25 Clty Attorney's Office Item V-I/J. PLANNING NO ACTION 1. H & A ENTERPRISES, L.L.C. PLANNING 1. J. M. SYKES, INC. 2. DEFORD COMPANIES, INC. 3. STEPHEN LETOURNEAU 4. THORNTON VIRGINIA LAND TRUST 5. HOLLIS ROAD ASSOCIATES 6. CITY VIEW ONE, LLC - 29- ITEM # 53363 CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT NONCONFORMING USE VARIANCE CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT December 14, 2004 - 30- Item V-L PLANNING - NO ACTION ITEM # 53364 NO ACTION NECESSARY - City Council previously voted on November 23, 2004, to DEFER this item, to January 4, 2005. Ordinance upon Application of H&A Enterprises, L.L. C. for a Chanf!e of ZoninfJ District Classification from R-7.5 Residential District to Conditional B-2 Community Business District on the southeast corner of Independence Boulevard and Smokey Road (GPINS 147933019400000;14793302900000). DISTRICT 4 - BAYSIDE Ordinance upon Application of H&A Enterprises for a Conditional Use Permit for motor vehicle sales on property located on the southeast corner of Independence Boulevard and Smokey Road (GPINS 147933019400000;14793302900000) DISTRICT 4 - BAYSIDE December 14, 2004 - 31 - Item V-J. PLANNING ITEM # 53365 Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION Items 1 (WITHDRAWN), 2 (ADDITIONAL CONDITION), 3, 4, and 6 (DEFERRED) of the PLANNING BY CONSENT AGENDA. Item J1 (J. M. SYKES, INC.) was WITHDRAWN, BY CONSENT. Item J2. (DEFORD COMPANIES) was ADOPTED, BY CONSENT, with an additional condition Item J 6 (CITY VIEW ONE, LLC) was DEFERRED, BY CONSENT, until the City Council Session of January 11, 2005. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, 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: Vice Mayor Louis R. Jones Councilman WoodDISCLOSED Pursuant to Conflict of Interests Act 9 2.2-3115 (H) reItemJ6,a/b (City View One, LLC). Councilman Wood advised Wall, Einhorn & Chernitzer, P.e. has provided, or will provide, services with respect to the requested property use. Councilman Wood has a personal interest in the transaction because his wife is an accountant with the firm, although, she does not personally provide services to City View One, L.L. e. The City Attorney has advised he is able to participate in the discussion and vote fairly, objectively and in the public interest. Councilman Wood's letter of December 7, 2004, is hereby made a part of the record. December 14, 2004 - 32- Item V-J.l PLANNING ITEM # 53366 Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council ALLOWED WITHDRA W AL of the application of J.M. SYKES, Inc. for the expansion of a non-conforming use re existing office space at 614 l(jh Street. Resolution upon application of J. M. Sykes for the Expansion of a Nonconforming Use on property located at 614 10th Street (GPIN 24270430680000). DISTRICT 6 - BEACH Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, 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: Vice Mayor Louis R. Jones December 14, 2004 - 33- Item V-J.2. PLANNING ITEM # 53367 Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council ADOPTED Ordinances and ADDED Condition No.5 upon application of DEFORD COMPANIES, INC.for a Variance to S 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) and Conditional Use Permit re community boat dock: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for DeFord Companies, Inc. Property is located at 3500 Glen Arden Road (GPIN 14561917470000). DISTRICT 2- KEMPSVILLE ORDINANCE UPON APPLICATION OF DEFORD COMPANIES, INC. FOR A CONDITIONAL USE PERMIT FOR A COMMUNITY PIER R0120431213 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of DeFord Companies, Inc. for a Conditional Use Permit for a community pier on property located at 3500 Glen Arden Road (GPIN 14561917470000). DISTRICT 2 - KEMPSVILLE The following conditions shall be required: 1. The road, site layout and location of the community boat dock shall be in substantial conformance with the conceptual plan entitled, "Remaining Part of Subdivision of D.M, Bowman Property for Robert Deford, " prepared by Kellam Gerwitz Engineering Surveying & Planning, dated, September 14, 2004, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. Other than as directed by the Chesapeake Bay Preservation Area Board, the lot lines on the final plat for Lots 1, 2 and 3 shall be adjusted to preclude riparian rights for those specific parcels. 2. The boat dock and ramp shall be used only by the residents of the five (5) residential properties depicted on the conceptual plan entitled, "Remaining Part of Subdivision of D.M. Bowman Property for Robert Deford, "prepared by Kellam Gerwitz Engineering Surveying & Planning, dated, September 14, 2004, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. The area shall be maintained and kept free of debris and trash by the Homeowners Association of the adjacent community. 3. No commercial use of the boat dock shall be permitted. 4. The boat dock is subject to all applicable federal, state, and local rules and regulations. LNo individual viers shall be vermitted on anv vortion of anv lot devicted on the vlan referenced in Condition #1. December 14, 2004 - 34- Item V-J.2. PLANNING ITEM # 53367 (Continued) These Ordinances shall be effective in accordance with Section 107 (j) of the Zoning Ordinance, Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of December Two Thousand Four Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, 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: Vice Mayor Louis R. Jones December 14, 2004 - 35 - Item V-J.3. PLANNING ITEM # 53368 Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of STEPHEN LETOURNEA U for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF STEPHEN LETOURNEAU FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR GARAGE ROI20431214 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Stephen Letourneau for a Conditional Use Permit for an automobile repair garage on property located at 156A Chestnut Avenue (GPIN 14874303930000) DISTRICT 3 - ROSE HALL The following conditions shall be required: 1. The applicant shall obtain all necessary permits, inspections and approvals form the Fire Department and the Permits and Inspections Division of the Planning Department before occupancy of the building. A Certificate of Occupancy for the use shall be obtainedfrom the Permits and Inspections Division of the Planning Department. 2. Vehicles shall be parked within designated areas, and no vehicles shall be parked or displayed within any portion of any public right-of- way or in any landscaped area. Storage of vehicles awaiting pickup shall not obstruct Fire Department access to the site. 3. All work shall be performed inside the building. No outside storage of equipment, parts or materials shall be permitted. 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 Fourteenth of December Two Thousand Four Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, 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: Vice Mayor Louis R. Jones December 14, 2004 - 36- Item V-J.4. PLANNING ITEM # 53369 Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of THORNTON VIRGINIA LAND TRUST for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF THORNTON VIRGINIA LAND TRUST FOR A CONDITIONAL USE PERMIT FOR FUEL SALES IN CONJUNCTION WITH A CONVENIENCE STORE R0120431215 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Thornton Virginia Land Trust for a Conditional Use Permit for fuel sales in conjunction with a convenience store (Wawa) on property located at 1706 Virginia Beach Boulevard (GPINS 24078509150000; 24078519850000). DISTRICT 6 - BEACH The following conditions shall be required: 1. The development of the site shall be in substantial conformance with the plan entitled, "Conceptual Layout Plan ofWAWA, INC, Virginia Beach Boulevard and First Colonial Road" prepared by MSA, P.e., dated 8/31/04. 2. When the building and canopy are constructed, they shall be in substantial conformance with the elevations entitled, " WA WA FOOD MARKET, FIRST COLONIAL ROAD and VIRGINIA BEACH BOULEVARD., VIRGINIA BEACH, VIRGINIA," prepared by Lynchmartinez, Architects, L.L.e., dated 9/3/04. 3. Any dumpster and/or air and vacuum areas shall be enclosed with a solid wall to match the building and landscaping, in accordance with Section 245(e) of the Zoning Ordinance and shall be depicted on the final site plan. 4 Sign age for the site shall be as follows: a. Traffic control signs shall be allowed; b. One monument style freestanding sign, no more than eight (8) foot in height, set on a brick base to match the building brick shall be allowed; c. Striping or signage on the canopy, other than the "aluminum composite graphics panel" shown on the canopy elevation drawing, shall not be permitted. d. Wall signage as depicted on the submitted front elevation shall be allowed; e. No signage on the storefront windows in excess ofa total offour (4) square feet of the entire glass area of the exterior wall shall be permitted; and f There shall be no other signs, neon signs or neon accents beyond those described within these conditions 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. December 14, 2004 - 37- Item V-J.4. PLANNING ITEM # 53369 (Continued) 5. No outdoor vending machines and/or display of merchandise shall be allowed. 6. Pedestrian walkway(s) to the convenience store shall be provided from any required sidewalks in the public rights-of-way in accordance with Section 246(d) of the zoning ordinance. 7. Bicycle racks shall be provided near the entrance to the store. 8. A photometric/lighting plan shall be submitted for review and approval by City staff duringfinal site plan review. The canopy lighting shall be low level and recessed. The lumen level shall not exceedfifty (50) lumens under the canopy. 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 Fourteenth of December Two Thousand Four Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, 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: Vice Mayor Louis R. Jones December 14, 2004 - 38- Item V-J. 5. PLANNING ITEM # 53370 Attorney Edward Bourdon, Pembroke One Building, 5th Floor, Phone: 499-8971, represented the applicant, advised re the section of development on the north side of Independence Boulevard, there is afifty-foot (50) parcel of I and between this subdivision and Glenwood which the applicant has purchased as well as is in the process of closing, which will provide access from the existing Indian River Road to the property and will develop as a construction entrance. It will not be an access once development takes place, Drumheller will be the developed access. The applicant proposes to develop a ninety-six (96) lot single-family residential subdivision (Rose Glen Manor) on twenty-five (25) acres. The remainingfour (4) acres of property will be dedicated to the City for the Indian River Road Phase VII right-of-way. This neighborhood will actually be merged intohe Glenwood Seasons Community Association. Upon motion by Councilman Dyer, seconded by Councilman Diezel, City Council ADOPTED an Ordinance upon application of HOLLIS ROAD ASSOCIA TES for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF HOLLIS ROAD ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-1O RESIDENTIALDISTRICTTO CONDITIONALR-1 0 RESIDENTIAL DISTRICT WITH A PD-H2 OVERLAYZ012041208 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Hollis Road Associates for a Change of Zoning District Classification from R-1O Residential District to Conditional R-10 Residential District with a PD-H2 Overlay on property located at 4704 and 4728 Indian River Road (GPINS 14740889180000; 14740966700000). DISTRICT 1 - CENTERVILLE The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of December Two Thousand Four Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, 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: Vice Mayor Louis R. Jones December 14, 2004 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF -5970 DATE: November 15, 2004 TO: Leslie L. Lilley William M. Macali ~V\\ DEPT: City Attorney FROM: DEPT: City Attorney RE: Conditional Zoning Application Hollis Road Associates, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on December 14,2004. I have reviewed the subject proffer agreement, dated July 30,2004, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WMMInlb Enclosure ~:--Kath1een Hassen ---/ ESTATE OF CORA ELIZABETH HARRIS, DECEASED HOLLIS ROAD ASSOCIATES, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 30th day of July 2004, by and between THE ESTATE OF CORA ELIZABETH HARRIS, DECEASED, Grantor, party of the first part; HOLLIS ROAD ASSOCIATES, L.L.C., a Virginia limited liability company, Grantor, party of the second part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part. WITNESSETH: WHEREAS, the party of the first part is the owner of two (2) parcels of property located in the Centerville District of the City of Virginia Beach, containing approximately 29.00 acres which are more particularly described as Parcels 1 and 2 in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the party of the second part as contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-10 Residential District to PD-H2 (R-10) Residential District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and PREPARED BY: GPIN: 1474-08-8918 1474-09-6670 1513 Syn:s, QOURDON. mil Al!illN & LM. P.c. 1 WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' rezoning application gives rIse; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the PD-H2 (R-IO) Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or Quid pro QUO for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed, it shall be developed as no more than ninety-six (96) single family residential building lots substantially in conformance with the Exhibit entitled "CONCEPTUAL SITE LAYOUT AND LANDSCAPE PLAN OF ROSE GLEN MANOR," dated July 30, 2004, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach PREPARED BY: ~.IBSYl'IS. ROURDON, Department of Planning ("Lot Plan"). mIl AHrnN &. LM. P.c. 2 2. When the Property is subdivided, it shall be subject to a recorded Declaration of Protective Covenants, Restrictions and Conditions ("Deed Restrictions") administered by a Property Owners Association which shall be responsible for maintaining all common areas, open spaces and scenic easements. 3. All residential dwellings constructed on the Property shall have a minimum of 2000 square feet of enclosed living area. 4. When the Property is subdivided, the areas within the alignment of Future Indian River Road as contained in the Grantee's Master Transportation Plan shall be dedicated to the Grantee. 5. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning o rdin an<:e, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. PREPARED BY: The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia 13m SYkTS. ROURDON, mil AJ.I[RN & LM. P.c. 3 PREPARED BY: 13m SYk'IS. ROURDON. Fi.l1l AHrnN & LM. P.c. Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantors and the Grantee. 4 PREPARED BY: lma SYHS. ROURDON. mill AIImN &. aVy. p.c. WITNESS the following signature and seal: GRANTOR: ESTATE OF ELIZABETH HARRIS ~ ~ 2 (l)~c.(J\DR. By: ~. ~'", (SEAL) Elisha Harris, Jr., Co-Executor STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ~""J. day of August 2004, by Elisha Harris, Jr., Co-Executor of the Estate of Elizabeth Harris, Deceased, Grantor. ~-~ Notary Public My Commission Expires: i r 3r ( D' 5 PREPARED BY, 531.3 SYJCI:S. ROURDON, mil Am:RN & LM. P.c. WITNESS the following signature and seal: GRANTOR: ESTATE OF ELIZABETH HARRIS y / ~ _ 'CJ' f:'f.&-tJ-roll- By: ~~ rsL~ (SEAL) Leon Harris, Co-Executor STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this -aA.J. day of August 2004, by Leon Harris, Co-Executor ofthe Estate of Elizabeth Harris, Deceased, Grantor. ful4l,.~~~~ Notary Public My Commission Expires: tl{?'I/O' 6 PREPARED BY: ~m SVl(IS. ROURDON, m1I AlI!:RN &. lM. P.c. WITNESS the following signatures and seals: GRANTOR: ESTATE OF CORA ELIZABETH HARRIS By: ge- /J ..--...-r , Co . E:IEL.\)"1'b~ (SEAL) , Co-Executor STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The fore~9ing instrument was acknowledged before me this 1..-'2- day of August 2004, by -4 e -t-.l~ , Co-Executor of the Estate of Cora Elizabeth Harris, Deceased, Grantor. -D~ Notary Public My Commission Expires: ~-( S II (j (. 7 PREPARED BY: Ima SYHS. ROURDON, mIl AH[RN & LM. P.c. WITNESS the following signature and seal: GRANTOR: HOLLIS ROAD ASSOCIATES, L.L.C., a Virginia limited liability company B~ ~/ ff~ (SEAL) M. Paul Warner, Managing Member J STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 2nd day of August 2004, by M. Paul Warner, Managing Member of Hollis Road Associates, L.L.C., a Virginia limited liability company, Grantor. /~4<i -/ )/Y/1 <CMM Notary Public , My Commission Expires: August 31, 2006 8 EXHIBIT "A" PARCEL I: ALL THAT certain lot, piece or parcel of land, located in the Centerville District of the City of Virginia Beach, Virginia, containing 16.97 acres and having GPIN # 1474-08-8918. GPIN: 1474-08-8918 PARCEL 2: ALL THAT certain lot, piece or parcel of land, located in the Centerville District of the City of Virginia Beach, Virginia, containing 13.27 acres and having GPIN # 1474-09-6670. GPIN: 1474-09-6670 CONDREZON]Y.HOLUSROADASSOC1ATESmOSEGLE~OWPROFFER PREPARED BY: : SYHS, IWURDON. AHillN & Lm. P.c. 9 - 39- Item V-J. 6. PLANNING ITEM # 53371 Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council DEFERRED until the City Council Session of January 11, 2005, Ordinances upon application of CITY VIEW ONE, LLC, for a Conditional Change of Zoning and Conditional Use Permit: ORDINANCE UPON APPLICATION OF CITYVIEW ONE, L. L. C. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-2 TO CONDITIONAL B-4C Ordinance upon Application of City View One, L. L. C. for a Change of Zoninf! District Classification from 0-2 Office District to Conditional B-4C Central Business Mixed Use District on property located on the north side of Bonney Road at its intersection with Bendix Road (GPINs 14776246910000; 14776232950000; 14776213460000; 14777205660000; 14777216650000; 14777226990000; 14777247440000; 14777218100000; 14777310240000; 14777302760000; 14777249650000). DISTRICT 5 -LYNNHAVEN ORDINANCE UPON APPLICATION OF CITYVIEW ONE, L.L. C. FOR A CONDITIONAL USE PERMIT FOR MULTI-FAMILY DWELLINGS, GROCERY STORES, CARRY-OUT FOOD STORES AND CONVENIENCE STORES Ordinance upon Application of City View One, L.L. C. for a Conditional Use Permit for multi-family dwellings, grocery stores, carry-out food stores and convenience stores, whether or not freestanding, but in a structure of a gross floor area of not less than five thousand (5,000) square feet on property located on the north side of Bonney Road at its intersection with Bendix Road (GPINs 14776246910000; 14776232950000; 14776213460000; 14777205660000; 14777216650000; 14777226990000; 14777247440000; 14777218100000; 14777310240000; 14777302760000; 14777249650000). DISTRICT 5 -LYNNHAVEN Voting: 10-0 (By Consent) Council Members Voting Aye: HarryE. Diezel, RobertM Dyer, Reba S. McClanan, RichardA. Maddox, Mayor Meyera E. Oberndoif, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones Councilman Wood DISCLOSED Pursuant to Conflict of Interests Act 9 2.2-3115 (H) re Item J 6. a/b (City View One, LLC). Councilman Wood advised Wall, Einhorn & Chernitzer, P.c. has provided, or will provide, services with respect to the requested property use. Councilman Wood has a personal interest in the transaction because his wife is an accountant with the firm, although, she does not personally provide services to City View One, L.L. C. The City Attorney has advised he is able to participate in the discussion and vote fairly, objectively and in the public interest, Councilman Wood's letter of December 7, 2004, is hereby made a part of the record. December 14, 2004 City c:>f Virgi:r1ia Beach JAMES L. WOOD COUNCILMAN - DISTRICT 5 - L YNNHAVEN PHONE: FAX: (757) 340-8411 (757) 340-2082 December 14,2004 Mrs. Ruth Hodges Smith, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Dear Mrs. Smith: Re: Disclosure Pursuant to Conflict of Interests Act S 2.2-3115 (H) Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on CityView One, L.L.C.'s application for a change of zoning district classification and conditional use permits with respect to property located on the north side of Bonney Road at its intersection with Bendix Road (GPINs 14776246910000, 14776232950000, 14776213460000, 14777205660000, 14777216650000, 14777226990000, 14777247440000, 14777218100000, 14777226990000, 14777247440000, 14777218100000, 14777310240000, 14777302760000, and 14777249650000). 2. The applicant disclosed in its application that Wall, Einhorn & Chernitzer, P.C. has provided, or will provide, services to it with respect to the requested property use. I have a personal interest in this transaction because my wife is an accountant with that firm. She does not personally provide services to CityView One, L.L.c. 3778 PRINCE ANDREW LANE, VIRGINIA BEACH, VA 23452 Mrs. Ruth Hodges Smith -2- December 14, 2004 Re: Disclosure Pursuant to Conflict of Interests Act ~ 2.2-3115 (H) 3. The City Attorney has advised me that although I have a personal interest in this transaction, because my wife does not personally provide services to CityView One, L.L.c., the Act provides that I may participate without restriction in Council's discussion of, and vote on, this transaction, upon disclosure of this interest. 4. I wish to disclose the above facts and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. JL W /RRI - 40- Item V-K.I. APPOINTMENTS ITEM # 53372 BY CONSENSUS, City Council RESCHEDULED: BICYCLE and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS - Maintenance Division New Construction Division COMMUNITY SERVICES BOARD FRANCIS LAND HOUSE BOARD OF GOVERNORS HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD INVESTMENT PARTNERSHIP ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL PARKS AND RECREATION COMMISSION TOWING ADVISORY BOARD December 14,2004 - 41 - Item V-K.2. APPOINTMENTS ITEM # 53373 Upon NOMINATION by Council Lady McClanan, City Council APPOINTED: Michael J. Levinson 3 Year Term 01/01/2005 -12/31/2007 CHESAPEAKE BAY PRESERVATION AREA BOARD - CBPAB Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Reba S. McClanan, RichardA. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones and James L. Wood December 14, 2004 - 42- Item V-K.3. APPOINTMENTS ITEM # 53374 Upon NOMINATION by Council Lady McClanan, City Council REAPPOINTED: James R. Bergdoll 3 Year Term 01/01/2005 -12/31/2007 PENDLETON PROJECT MANAGEMENT BOARD Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones and James L. Wood December 14, 2004 - 43- Item V-K.4. APPOINTMENTS ITEM # 53375 Upon NOMINATION by Council Lady McClanan, City Council APPOINTED: Linwood O. Branch, III Vivian Brown Margaret L. Eure Henry Ryto 3 Year Term 01/01/2005 -12/31/2007 RESORT ADVISORY COMMISSION Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A, Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones and James L. Wood December 14, 2004 - 44- Item V-K.5. APPOINTMENTS ITEM # 53376 Upon NOMINATION by Council Lady McClanan, City Council REAPPOINTED: Barbara E. Clevenger Carol N. Hare 4 Year Term 01/01/2005 -12/31/2008 VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION - VBCDC Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones and James L. Wood December 14, 2004 - 45- Item V-L.l. ITEM # 53377 Mayor Oberndorf extended Best Wishes to all for their respective Holiday Sessions: Hanukkah, Kwanzaa, Christmas and New Year. The Mayor and City Council PRAY for the safe return of the men and women serving in harms way, December 14, 2004 - 46- Item V-Po ADJOURNMENT ITEM # 53378 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:30 P.M. ~_jL_t'~~.t;J___ Beverly 0. Hooks, CMC Chief Deputy City Clerk ~~ Ruth Hodges Smith, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia December 14, 2004 -46- Item V-P. ADJOURNMENT ITEM#53378 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:30 P.M. Bever O. Hooks, CMC Chief Deputy City Clerk !With Hodg Smit Meyera Oberndorf City Clerk Mayor City of Virginia Beach Virginia December 14. 2004