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Home My WebLink AboutJUNE 28, 2005 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIEZEL Kempsville - District 2 ROBERT M. DYER, Centerville - District I REBA S. McCLANAN, Rose Hall - District 3 RICHARD A MADDOX, Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER W SCHMIDT, At-Large RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CiTY CLERK - RUTH HODGES SMITH, MMC 28 JUNE 2005 I. CITY MANAGER'S BRIEFINGS - Conference Room - 1 :00 PM A. SENTARA VIRGINIA BEACH GENERAL HOSPITAL - Update Raymond Trioano, M.D. Medical Director Les Donahue, Administrator B. TOWING ADIVSORY BOARD - Status Report Louie Ochave, Chair C. TOURISM MARKETING and ADVERTISING PROGRAM James Ricketts, Director - Convention and Visitors Bureau D. REAL ESTATE TAX ASSESSMENT TASK FORCE - Report Tom Betz, Chair II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION CITY HALL BUILDiNG 240i COURTHOUSE DRIVE VIRGINIA BEACH, ViRGINIA 23456-8005 PHONE:(757) 427-4303 FAX (757) 426-5669 E-MAIL: Ctycncl@vbgov.com - Conference Room - 4:00PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION 6:00PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Thomas Britton Pastor, Retired C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS June 14,2005 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA I. ORDINANCES 1. Ordinances to AMEND the City Code a. 912-43 re powers of the Fire Marshal to evacuate or limit the number of patrons in a building in the event of overcrowding, obstruction of aisles, passageways or other means of egress b. 921-317 re clarification of ordinance stating exceeding any lawfully posted speed limit is illegal 2. Ordinances to AUTHORIZE temporary encroachments into the City's right-of-way for: a. ROBERT H. and DEBORAH A. TIETJEN at 1 Caribbean Avenue re pier, bulkhead and retaining wall (DISTRICT 6 - BEACH) b. GARY WAYNE ROBINSON at 606 Goldsboro Avenue re existing ramp, pier, pilings and bulkhead (DISTRICT 6 - BEACH) c. MARY C. FLOYD at 2856 Bluebill Drive re dock, floating dock, lift piles and stone revetment (DISTRICT 7 - PRINCESS ANNE) 3. Ordinance to AUTHORIZE acquisition of four (4) contiguous parcels of real property from the Overton Family and four (4) parcels from the heirs ofC. V. Creech and APPROPRIATE $2,035,000 from CIP 9-302 Rudee Loop Development - Phase 1 therefore. 4. Ordinances to APPROPRIATE: a. $70,000 in estimated revenue from the Motor Carrier Safety Unit to the FY 2005-06 Operating Budget of the Police Department re overweight vehicles b. $18,100 in revenue from Chesapeake Bay Preservation Area Ordinance violations to the FY 2004-05 Agriculture Department Operating Budget re Wetlands and coastal sand dune restoration and enhancement projects 5. Ordinances to TRANSFER: a. $209,000 within the FY 2004-05 Comprehensive Services Act Special Revenue Fund re provision of state mandated special education and foster care services b. $18,000 from the FY 2005-06 Council Donations account to the Virginia Beach School Education Foundation as authorized by the Virginia Code c. $50,000 from the Reserve for Contingencies to the Regional Participation FY 2005-06 Operating Budget and DIRECT the City Manager to execute a Cost Participation Agreement with Hampton Roads Squadron, Association of N aval Aviation, Inc. (HRANA) re retaining walls adjacent to the Monument to Naval Aviation J. PLANNING - NO ACTION 1. Applications of CITY OF VIRGINIA BEACH: a. AMEND 99105 and 502 of the Comprehensive Zoning Ordinance (CZO) re establishing restrictions on development of nonconforming lots in Residential Zoning Districts b. AMEND 94.4(b) of the Subdivision Ordinance re resubdivision of nonconforming lots in Residential Zoning Districts (The Planning Commission deferred these matters indefinitely) K. PLANNING 1. Application of TOWN CENTER ASSOCIATES, LLC for a Conditional Use Permit re multi- family dwellings on Independence Boulevard, Commerce Street, Market Street and Columbus Street. (DISTRICT 5 - L YNNHA VEN) RECOMMENDATION: APPROVAL 2. Application of MESSIAH LUTHERAN CHURCH for a Conditional Use Permit re placement of two room modular office trailer at 1486 Holland Road. (DISTRICT 3 - ROSE HALL) RECOMMENDATION: APPROVAL 3. Application of G and A PROPERTIES, LLC for a Conditional Use Permit re vehicle sales and rental at 4933 and 4935 Virginia Beach Boulevard. (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION: APPROV AL 4. Application of SHORE DRIVE AUTO SALES for a Conditional Use Permit re vehicle sales at 4510 Shore Drive. (DISTRICT 4 - BAYSIDE) RECOMMENDATION: APPROVAL L. APPOINTMENTS ARTS and HUMANITIES COMMISSION BEACHES and W ATERW A YS COMMISSION HEALTH SERVICES ADVISORY BOARD OPEN SPACE ADVISORY COMMITTEE PARKS and RECREATION COMMISSION SHORE DRIVE ADVISORY COMMITTEE TOWING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS 1. ABSTRACT OF VOTES - PRIMARY ELECTION - June 14,2005 O. ADJOURNMENT ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: Virginia Relay Center at 1-800-828-1120 *********** Agenda 6/28/05st www.vbgov.com MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 28 June 2005 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING re SENTARA VIRGINIA BEACH GENERAL HOSPITAL - UPDATE in the Council Conference Room, City Hall, on Tuesday, June 28,2005, at 1:00 P.M. Council Members Present: Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Harry E. Diezel [At home, awaiting service repair, Entered: 2:30 PM.] Robert M. Dyer [Entered: 1: 15 P.M.] Jim Reeve [Entered: 2: 1 0 P.M.] - 2- CITY MANAGER'S BRIEFING SENTARA VIRGINIA BEACH GENERAL HOSPITAL 1:00 P.M. ITEM # 54077 Les Donahue, Administrator - Sentara Virginia Beach Hospital, introduced Dr. Raymond Troiano, Vice President - Medical Affairs Sandra Miller Director, Government Relations Dale Gauding Public Relations Becky Klingensmith Administrative Assistant Mr. Donahue became Administrator on December 2003. A Strategic Planning process was commenced which is encompassing the years 2004 - 2008. The Sentara Virginia Beach General Hospital Strategic Plan was approved by the Sentara Board of Directors in August 2004. This unique Plan addresses the specific needs of the Virginia Beach community and has been endorsed by the Sentara Virginia Beach General Hospital Medical Staff leadership, The Strategic Plan incorporates a statement of vi sion for the next four (4) years andfour (4) key strategic imperatives (Mission, Market, Medicine and members of the Team) Commitment to tertiary and speciality care: cardiac surgical program, comprehensive intervention cardiology program, neo-natal intensive care unit and the Trauma program in the Emergency Department Commitment to clinical excellence Commitment to providing a healing environment Commitment to a vital interdependence Strategic Imperatives MISSION: Sentara Virginia Beach GeneralHospital (SVBGH) will commit to an organizational culture of healing, focused to meet the medical, spiritual and emotional needs of their patients. SVBGH will create the resources needed to support the future investments in people and technology June 28, 2005 - 3 - CITY MANA GER'S BRIEFING SENTARA VIRGINIA BEACH GENERAL HOSPITAL ITEM # 54077 (Continued) MARKET SVBGH will continue to offer comprehensive specialty care, to include the tertiary programs of trauma, cardiac care and neo-natal intensive care unit and will solidifY their position as both a community and referral provider MEDICINE SVBGH will strive to provide superior quality care within a healing culture and a commitment to patient safety, They will pro-actively prepare to respond to public accountability expectations. MEMBERS OF THE TEAM SVBGH will create a unique, quality driven work environment that fosters improved communications and unites team members around those they care for. Hospital and medical staff will be proud to be members of the team. Mr. Donahue referenced the back portion of City Council's informational packet concerning their method care is delivered and that they are strivingfor a more healing environment (personalizing, humanizing and demystifYing care to patients by including them and their family). Sentara affiliated with Planetree approximately one (1) year ago. Sentara has been working actively with Planetree (www.planetree.or}!) re implementation of tenants, Some of the tenants include alternative and complimentary medicines which support the existing technology, creating more of a healing environment (i.e. massage, pet and music therapy), Sentara Virginia Beach General Hospital has approximately one hundred ninety-four (194) patients per day, as compared to one hundred eighty-eight (188), last year, and one hundred eighty (180) the previous year. Sentara Virginia Beach General Hospital (SVBGH) is operating within budget. An estimated value of $5,090,000 (through May 31,2005) in community benefits is provided. This equates to an excess of $1 0- MILLION on an annual basis, This amount encompasses charity care, estimated cost of serving Medicaid patients and funds expended on medical research, which is not reimbursed, Sentara Virginia Beach General Hospital (SVBGH) and Sentara Healthcare A Vital Interdependence Clinical effectiveness and patient safety; 100% of the employees have been trained in a four (4) hour session re patient safety to assist in reducing errors. The number of errors in the hospital and the behaviors which created those errors were examined. Information systems: include the design and implementation of e- Care. The information system over the next five (5) years will be a paperless medical record with connectivity to physicians' offices Physician recruitment: SVBGH is actively involved. Clinical staff train ing programs and scholarships. June 28, 2005 1 -4- CITY MANA GER'S BRIEFING SENTARA VIRGINIA BEACH GENERAL HOSPITAL ITEM # 54077 (Continued) The hospital is excited relative the opening of the new West Wing ($29-MILLION expansion). Patients will be moved October 1, 2005. Community previews will be conducted in September, Sentara Virginia Beach General Hospital will be celebrating their 40th Anniversary, having opened in 1965. The West Wing will encompass one hundred eight (108) private rooms. Existing semi-private rooms will be converted to private rooms. The West Wing will also encompass the new Sentara Heart Center consolidating Sentara Virginia Beach General's heart program into one (1) area. A Heritage Committee, composed ofphysicians and citizens who have been involved in the Hospital for years, have reviewed the archives and with the assistance of a professional firm, a Legacy Wall will be developed in the West Wing. Dr, Raymond Troiano, Vice President - Medical Affairs, advised Sentara Virginia Beach General Hospital (SVBGH) will continue to offer comprehensive speciality care, to include the tertiary programs of trauma, cardiac care and neo-natal intensive care unit, and will solidify their position as both a community and referral provider, The Trauma program is stable. negotiations have just been completed with the Trauma surgeons for a new two-year contract. Contracts are now being reviewed for signature, SVBGH continues to be designated Level 3 Trauma Center; however, the hospital continues to provide Level 2 equivalent services. The designation has not been changed as Sentara Virginia Beach General Hospital is still weak with respect to neurosurgery. There are two (2) neurosurgeons, senior members of the medical staff, providing the coverage. Dr. Troiano is presently conducting negotiations with another neurosurgery group in Norfolk to commence practicing at Sentara Virginia Beach General. This group already has an office in Virginia Beach. Relative the Obstetrics program, over 2,000 deliveries are conducted per year. SVBGH assisted and finalized an agreement between OB/GYN'S and the City of Virginia Beach to cover delivery needs of the City's Health Department Obstetrics Clinic, SVBGH participated in a systemwide OB assessment which concluded Obstetrics will continue as is and assessment will continue as Princes Anne campus develops. Neonatolof!Y coveraJ?e secured. Physician Recruitment Recruited On the Way Current Recruitment 1 Neurologist 2 Obstetricans Internal Medicine 1 Ear/Noise/Throat physician 1 Urologist Hospitalist* 1 Vascular Surgeon 1 Endocrinologist Pulmonologist 1 Intensivist 2 Hospitalists* Orthopedists 2 OB/GYN Endocrinologist General/Vascular Surgeon *A Hospitalist is an Internal Medicine Specialist who practices only in the hospital. Sentara has a "red/green light report". There are approximately thirty-five (35) clinical indicators monitored each month, i.e, the speed in which a patient with a heart attack has their artery reopened by angioplasty stinting or the patient with pneumonia receives the appropriate antibiotics. If goals are met, a green light is noted, if close, a yellow light is received and if the goal is not met, a red light is received. Sentara received one red light for the year 2004, These goals are reset each year. Through May of this year, 4 red lights were received, two of which were new goals. June 28,2005 l - 5 - CITY MANAGER'S BRIEFING SENTARA VIRGINIA BEACH GENERAL HOSPITAL ITEM # 54077 (Continued) SVBGH is committed to taking a systemwide lead in developing with our Medical Staff a patient-centered care model. Dr. Troiano displayed a graph entitled "Avoided Deaths at Sentara Hospitals" Sentara Virginia Beach General Hospital 2003 56 2004 163 Dr. Troiano advised Sentara wishes to provide the same care at all hospitals. Bayside is a smaller hospital and cannot have all the services provided by Sentara Virginia Beach General Hospital. However, any Sentara Hospital is expected to provide the same personalized care, There are plans to analyze each hospital re areas of improvement, then full efforts to improve care will be initiated. Relative the clinical indicators, Sentara Bayside 's Hospital is similar to Sentara Virginia Beach General Hospital. City Council expressed concern that the designation as an official Level 2 Trauma Center has not been reinstated and no date has been set for their redesignation, Dr. Troiano advised a year ago, Sentara Virginia Beach General Hospital had three (3) neurosurgeons , One left and moved to Florida. It is not appropriate to attempt to redesignate to a Level 2 with the presence of only two (2) neurosurgeons, SVBGH provides Level 2 equivalent services. Dr, Troiano advised SVBGH's ability to assist physician groups recruit are severely limited by federal law, Any financial assistance given a private group to recruit has to be given in the form of a loan and with the understanding there cannot be a restrictive covenant (i.e, if a physician were to leave the group, the physician could not practice within a geographic area surrounding the practice, within a certain time frame) Sentara is primarily Primary Care and this medical group would have to be reviewed to encompass specialists. However, the main issue is the Medicaid reimbursement for physicians in this community, which is in the lower 25% in the United States, Mr. Donahue advised they have Registered Nurse Recruitment Initiatives with a goal of two hundred fifty (250) plus hired during June - August 2005, which is a 25% increase from last year, Enhanced Financial Incentives Loan forgiveness Sign-on bonus Contract buyouts Relocation assistance Temporary housing Mortgage assistance Relative infections passed inside the hospitals i, e. Staph and Methicillin-resistant Staphylococcus Aureus (MRSA) infections, Dr, Troiano advised the majority of MRSA occurring in the hospital comes from outside. Sentara Virginia Beach General Hospital's MRSA rate is related to surveillance of the population outside the hospital and how prevalent this bacteria is in the normal population. MRSA, postoperative wound infection rates, are measured. There is an 8-point scorecard related to postoperative infections (SVBGH was "green" in seven (7) of these eight (8) points and "yellow" in the eighth). As approximately 5,000 people are dying in England from MRSA infections, Dr. Troiano shall provide additional information. June 28,2005 -I - 6- CITY MANA GER'S BRIEFING SENTARA VIRGINIA BEACH GENERAL HOSPITAL ITEM # 54077 (Continued) In the Commonwealth of Virginia, Dr. Troiano advised the Levell Trauma Centers are located in Norfolk, Richmond, Charlottesville and Roanoke. Level II Trauma Centers are located in Newport News, Roanoke and Winchester. There are approximately thirteen (I3) or fourteen Level III Trauma Centers, Dr. Troiano referenced "24-7" neurosurgery coverage at the present time. A neurosurgery patient would not be diverted to Sentara Norfolk General, Sandy Miller, Director - Government Relations, advised doctors accompany her to approximately every visit to the General Assembly. One of the major problems for the Commonwealth of Virginia is Medicaid reimbursement (ranked 47th in the Nation). Medicare reimbursement is even more of a problem, Hampton Roads Medicare reimbursements were set lower than Richmond rates. Mrs, Miller encouraged the City Council speak with their state and federal Legislators re reimbursement. June 28, 2005 r - 7- CITY MANAGER'S BRIEFING TOWING ADVISORY BOARD 2:00 P.M. ITEM # 54078 Karen Barnard, Member - Towing Advisory Board, advised she will present information relative the Towing Advisory Board in the absence of Louie Ochave, Chair, wo had a family emergency and was unable to attend. Ms. Barnard recognized the membership: TOWING ADVISORY BOARD Louie Ochave Chair Karen Barnard Steven Cowan Peter Langlands Ken Lowe Art Walker Barbara Yates Types of Tows Persons requesting services for themselves (consensual) Police directed tows From an accident scene Illegally parked vehicles on City streets or City owned parkingfacilities Parking violations form private properties (non-consensual) The Towing Advisory Board provides City Council with input and recommendations relating to Towing issues for non-consensual tows from private property, Ms. Barnard expressed appreciation to City Council for the beneficial assistance of Barry Shockley, - Administrative Services, Management Services and Linda Stephenson - Executive Secretary, Management Services, 18,875 tows were conducted in 2004, 7,671 tows have been conducted through May 2005. These figures encompass private and non-consensual tows. The comment and survey forms have been distributed since May 2004, Towing Comment/Survey Form Return rate of surveys from May 14, 2004 through September 20, 2004 - .03%. Return rate of surveys from September 2004 to May 2005 - .002%. The majority of the returned survey forms were from residents of Tidewater, not out-of-state, June 28, 2005 - 8- CITY MANA GER'S BRIEFING TOWING ADVISORY BOARD ITEM # 54078 (Continued) Council Lady Wilson advised she was a participant in a non-consensual tow and was not offered a Towing Comment/Survey form, There is notice of the form on the bottom of the Towing Ticket, Council Lady Wilson advised change was not available for her towing charge, so for an $85 ticket she gave a $100 bill and got no change, Master Police Officer Jim Price has been very involved relative the Towing and has spoke with the towing companies relative various issues, one of which is their not providing change to people who pay their jines. Kathy Rountree, Associate City Attorney, has been very instrumental in her assistance and has advised there is no City Code section relative private industry utilizing towing signs when they do not have a contract with a towing company, Associate City Attorney Rountree cited an example of the 7-11 across from the Municipal Center. The sign states cars will be towed; however, 7-11 does not have a contract with a Towing company. This sign does deter individuals from leaving their car unattended for long periods of time. Ms. Barnard requested the hiring of a part-time employee and cited the recommended responsibilities: Proactive in addressing tow issues Review Comment/Feedback forms Reviewing required signs posted related to towing Identify potential issues and provide alternatives Current Tow Rates Light Tow (up to 10,999 GVWR) $ 85 Heavy Tow (over 11,000 GVWR) $285 Drop Fee $ 25 Storage Pee * $ 20 DMV Processing $ 50 *After thejirst 24 hours Towing Rate History Year Rate Dolly Pee 1993-2001 $ 60 0 2001 $ 70 0 2002 $ 75 0 2004 $ 85 0 Storage Pee * $ 6.00 $ 12,00 $ 15.00 $ 20.00 *Storagefee imposed after the 1'/24 hours Ms, Barnard displayed a chart depicting increased cost of insurance and fuel, Prom 2001 through 2005, there has been a total of 75% to 90% increase just for the towing operators' insurance. Relative fuel costs (approximately $2.29 per gallon), most of the vehicles average 5 to 7 miles per gallon, The average tow trip is 13 miles (to the scene and back). In most instances, each tow requires four trips, June 28, 2005 -9- CITY MANA GER'S BRIEFING TOWING ADVISORY BOARD ITEM # 54078 (Continued) Increased Cost of Business Real estate tax assessments increase 33% over past two years Workman Compensation 2 to 3 times higher than a gas station or body shop * Abandoned vehicles - 60% are not retrieved Equipment Costs - increased 26%from 1999** Routine maintenance i.e oil/grease, tires, batteries, brakes, c lutches/transmiss ions Can be as much as $14,000 every eighteen (I8) months * * AAA of Tidewater, Virginia **Recovery Solutions and Tow Times Trade Magazine Recommendations City Council to consider part-time resources to receive the customer feedback form, and review the circumstances and provide analytical reports Adjust the tow rates from $85 to $125 per tow (under 11,000 pounds), Allocating $1 to fund the requested position Consider a Registration requirement for businesses wanting to contract with tow firm (would need to address this through legislative process) Ms. Barnard advised the City of Norfolk's Towing Advisory Board, presently charges an $85 towingfee. The Board is now in the process of meeting with the Norfolk City Council. The Cities of Chesapeake and Portsmouth do not have a Towing Advisory Board. Therefore their towing fees revert back to the State charges which are $85 during the day and $95 at night. If there are additional equipment needed as dollies, these charges can be added. The State is also in the middle of conducting their new analysis as the State rate has not been increased since 1992. Art Walker, Owner - Art Walker Auto, picks up approximately 30 to 40 cars per day and incurs expenses of $100 to $250 for a tow, Operators in Washington, D. C. charge for a day of storage the same day the cars are brought in, Mayor Oberndorf expressed concern relative towing. A young mother with children would find it difficult at the resort, without public transportation, to retrieve their car, Councilman Maddox advised the City of Virginia Beach is the largest instigator of tows and was responsible for 16,000 vehicles being towed last year. Councilman Maddox believes the towers were entitled to an increase, although not $125, June 28,2005 - 10- CITY MANA GER'S BRIEFING TOWING ADVISORY BOARD ITEM # 54078 (Continued) A list of the towers and charges paid by the City over the past two or three years shall be provided. Discussion relative the issue of towing and the recommendations shall be scheduled for a City Council Workshop (3rd Tuesday of the month). The City Manager's staff shall provide information and the City Attorney shall provide guidance. June 28, 2005 l - 11 - CITY MANAGER'S BRIEFING TOURISM MARKETING and ADVERTISING PROGRAM 2:58 P.M. ITEM # 54079 James Ricketts, Director - Convention and Visitors Bureau, presented information relative the Tourism Marketing andAdvertising Program. Mr. Ricketts cited the primary objectives of the marketing program: Build awareness of Virginia Beach as a quality, year 'round destination Increase the occupancy Sustain the Summer room nights Increase the average daily rates Increase visitor and customer satisfaction Extend the length of stay Increase the shoulder season room nights Increase the overnight visitation Increase the out-of-town visitors Continue to increase the revenues from tourism Continue to position Virginia Beach, to compete in an evolving market landscape Basically in the Summer, the City is approaching capacity. Mr. Ricketts advised they have an integrated approach to marketing through advertising, public relations, promotions and partnerships, interactive (website) as well as a direct sales program. Mr. Ricketts recognized the personnel involved in the marketing. Ron Kuhlman Director of Tourism Marketing and Sales (unable to attend due to illness) Al Hutchinson Director - Convention Marketing and Sales Kelli Norman International Sales and Marketing (Canada/Europe) Jennifer Lynch Domestic Group Tours/interface and relationships - AAA and family reunion market Over thirty (30) sales missions or activities are conducted in key markets which include "sales blitzes" encompassing one-on-one meetings, familiarization tours introducing writers into our City. The City has a booth at the trade shows (as the American Bus Association, National Tourism Association, etc.). Mr, Ricketts introduced Art Webb, President - Barker, Campbell, and Farley, the City's advertising agency. Mr. Webb advised over a year ago, Barker, Campbell and Farley introduced the new "branding" campaign, based on months of research and one-on-one interviews. Shortly thereafter, the "Live the Life" brand promise was launched. Thus far, responses have been impressive. Competitive destinations have acknowledge the strength of this "branding". Mr, Webb shared creative illustrations of this brand idea. June 28,2005 - 12- CITY MANA GER'S BRIEFING TOURISM MARKETING and ADVERTISING PROGRAM ITEM # 54079 (Continued) Television makes a heartfelt connection with consumers and as the City is buying on a "per inquiry basis" results are tracked. Magazine does a great visual, full color job of establishing the brand and creating an innovative sense of the destination, Newspapers are an important retail component, designed to drive individuals to the website: www.vbfun.com. The web is the key. There are massive bookings placed on-line. Promotional marketing is a growing component of the effort and folding in to further support the promise of the brand. All of this occurs, late Summer/early Fall and then Spring/Summer. Mr. Webb presented a video of TV spots as well as a whale watching commercial. Virginia Beach is a terrific destination for fishing, golf and nature based activities, Vertical publications and strong e-mail marketing is a great method. Greg Ward, Account Supervisor - Barker, Campbell and Farley, advised interactive plays a vital role in the marketing of Virginia Beach. www.vbtim.comis a primary source for vacation information, There were over I-MILLION visits to this website this year, an increase of 53% from last year. Over 75% of the City's visitors utilize the Internet to obtain Virginia Beach vacation information, Currently, the data base consists of approximately 50,000 individuals who have signed to receive information on Virginia Beach. The media plan also includes banner ads on sites such as WWW. weather. com and www, washinJ?tonlJost, com, 5.3% of the City's visitors are from Canada. The primary programs addressing the Canadian market are "Splash-O-Soleil", "Lonnie Savers" and "Canada Weeks ". Canada Weeks is a new program to attract Canadian visitors during the last two weeks of August. The offer is to book seven (7) nights and only pay for five (5) and is marketed in Quebec and Ontario. Mr. Webb advised working closely with Al Hutchinson, Director - Convention Marketing and Sales. A new wave of Convention Center marketing materials has been developed. There has been a wonderful trend in the productivity of public relations. This year, there has been a 41% increase from last year in advertising equivalency ($2,400,000) , Media coverage reached nearly 4- MILLION individuals. Barker, Campbell and Farley is in the middle of developing a food brandingfor Virginia Beach. Mr, Ricketts advised the importance of tourism to the City of Virginia Beach. Tourist spending has increased 66% over the last ten (10) years. Last year, tourist spending equated to $ 785-MILLION which generated $62-MILLION in tax revenue. Expenditures resulted in a "netting out" of 42% on the dollar. There are 11,000 permanent jobs in Virginia Beach and another 5,000 in the Region, generated by the City's tourism industry. BREAK: 3:43 P.M. - 3:53 P.M. June 28, 2005 ~ - 13- CITY MANA GER'S BRIEFING REAL ESTATE TAX ASSESSMENT TASK FORCE 3:53 P.M. ITEM # 54080 Mayor Oberndorf introduced Tom Betz, Chair - Real Estate Tax Assessment Task Force. Mr. Betz advised City Council formed the Real Estate Tax Assessment Task Force in November 2004 to examine the city's Real Estate Tax Assessment process and to specifically identifY issues with the current process; obtain citizen input on this process and propose refinements to make the process more effective and efficient. Task Force Members Thomas F. Betz, Jr. Chair City Council Liaisons Reba S. McClanan Rosemary Wilson Homeowner Interests D. A. (AI) Ablowich John Atkinson Elsie Barnes William W. Din Dan R. Lowe Al Strazzullo Dale Tyree Stanley Waranch Real Estate Industry: Barbara Wolcott Resort Area: Kenneth C. Taylor Retail/Office Industry Robert Thornton The Task Force conducted two (2) vel'}' long workshops with David Sullivan, Chief Information Officer, and J erald Banagan, Real Estate Assessor, who were the main parties involved relative the Assessment Process Overview. June 28, 2005 - 14- CITY MANA GER'S BRIEF I NG REAL ESTATE TAX ASSESSMENT TASK FORCE ITEM # 54080 (Continued) Assessment Process Overview An annual inventory and appraisal of all taxable real estate properties A quarterly inspection of new construction, which includes the measurement, classification, documentation and appraisal of newly constructed buildings The office allows sales throughout the year and uses sales to establish a baseline for assessment of houses within the same subdivision Adjustments are made to assessments to ensure reasonable parity with market value Eighteen (18) Real Estate Appraisers annually reassess over 147,000 taxable real estate parcels (139,623 residential and 8,062 commercial). The Sales Comparison Approach estimates market value by comparing recent sales prices of similar properties, Adjustments are made for dissimilarities, The premise is the value of a property is related to the sales price of comparable and competitive properties The Cost Approach estimates the cost to acquire land and replace or reproduce the structure with one of similar utility, The approach utilizes the current cost to replace or reproduce the structure less accrued deprecation. The Income Approach estimates market value by analyzing the revenue producing capabilities of an investment property. It compares revenue, expenses and vacancy and capitalization rates of similar investment property. According to City Code, assessments are required on an annual basis; the completion date is set January 31'1, and assessment values become effective July 1 sl of the following year. Residential assessments are done by neighborhoods using a combination of sales and cost approaches. Over 900 neighborhood models are used. Commercial assessments use a combination of the sales, cost and income approaches. June 28, 2005 - 15 - CITY MANA GER'S BRIEFING REAL ESTATE TAX ASSESSMENT TASK FORCE ITEM # 54080 (Continued) Assessment Appeals Process The Board of Equalization has the authority to revise, correct and amend any assessment of real estate Any taxpayer may apply to the Board of Equalization for the adjustment to fair market value and equalization of his assessment The burden of proof is on the taxpayer to show that the assessment is not equalized. Assessment Appeals FY 2004-05 Total Parcels Assessed 147,073 100% Appealed to the Real Estate Assessor 342 0.23% less than one quarter of one percent Appealed to the Board of Equalization 29 0.019% less than two-hundredths of a percent Chairman Betz advised the City of Virginia Beach is governed either by the statutes or its Charter and advised of the current Tax Relief Programs in effect. Tax Exemption: provides a graduated reduction of 20% to 100% based upon income. Annual household income must not exceed $37,700 and assets must not exceed $179,500 Tax Freeze: Taxes are held at a previous level. Annual household income must not exceed $52,000 and assets must not exceed $179,500 Tax Deferral: Tax will become due upon ownership change in residence, Annual household income must not exceed $52,000 and assets must not exceed $200,000 Three (3) Public Hearings were conducted at Salem High School, Plaza Middle School and Ocean Lakes High School, All speakers were limited to jive (5) minutes. Sixty (60) formal comments were provided. Comments reflected concern about the techniques used to assess commercial property versus the techniques used to assess residential property and the lack of publicity regarding the current tax relief programs, The speakers suggested the information available be expanded (via the City's web site - www.vbgov.com ) regarding the process use to evaluate residential and commercial properties and include the history of assessments. The speakers also suggested the current tax relief programs be expanded to enable more residents to qualifY. The speakers expressed concern relative the lack of publicity regarding these programs. The establishment of a Homestead Exemption in Virginia was also suggested. June 28, 2005 - 16- CITY MANA GER'S BRIEFING REAL ESTATE TAX ASSESSMENT TASK FORCE ITEM # 54080 (Continued) Task Force Recommendations Engage a consultant to perform an evaluation of assessment practices for residential and commercial in the area of quality assurance with the scope of project to include: assessment standards ratio studies review of income producing properties appeals measure of citizen satisfaction with the office Review and expand the public relations efforts of the Real Estate Assessors Office to include: Continued efforts to meet and present on the assessment process with civic leagues and community groups; Annual assessment notices should include information found in the Assessor's information brochure Much more publicity and ongoing information about all existing and future tax relief programs; and Redesign the assessment information on the City's website to include: more comprehensive descriptions of the assessment process more information on taxpayer options with regard to questions and appeals; and design with citizen input through focus groups City Council should renew and restate its effort in support of the recommendations of its Senior Citizen Tax Relief Task Force City Council should use every program allowed by state law to provide real estate tax relief In order to accomplish this recommendation, the only program allowed by state law and not currently available to Virginia Beach property owners is a broader based tax deferral program as allowed under the Code of Virginia (58.1-3219), The Tax Deferral Program (58.1-3219) is a broader based tax deferral program. This program permits homeowners to defer any or all taxes above an annual 5% increase (105% of current). Eligibility is not means-tested or age restricted. Staff research indicates mortgage companies presently may not permit the establishment of a tax lien, which will occur under this type of deferral. A preliminary analysis of the initial impact of such a program is not significant compared to other tax relief programs currently in place. This program may not have a large number of participants; however, the Task Force believes it will address many of the hardship cases cited by homeowners during the Public Meetings. The Task Force recommends the City Council adopt the program with the following constraints: (1) Eligible for owner-occupied housing only; an interest rate be charged as allowed under the State Code; but it be set annually at a rate comparable to, but not to exceed, the City's normal borrowing rate by the City Council as part of its budget adoption process. June 28,2005 - 17- CITY MANA GER'S BRIEFING REAL ESTATE TAX ASSESSMENT TASK FORCE ITEM # 54080 (Continued) Mr. Atkinson advised the cost involving Tax Deferral Program (58.1-3219) would be minimal, Chairman Betz also expressed appreciation to Catheryn Whitesell, Director - Management Services, Sandra Blake, Executive Assistant, Kristy Bryan, Media and Communications Co-ordinator III; and, Paul Harris, Management and Budget Analyst for their dedicated service, Mrs, Whitesell shall provide two scenarios relative this Tax Deferral Program to City Council. Information relative the potential impact of proposals by the Governor Candidates shall also be provided.. June 28, 2005 l - 18- CITYCOUNCIL COMMENTS 4:40 P.M. ITEM # 54081 Councilman Dyer referenced the United State Supreme Court's ruling (5-4) providing New London, Connecticut, the power of "eminent domain ", Councilman Dyer requested the City Attorney clarifY this ruling. The City Attorney advised the Supreme Court stated decades of economic decline had led a State agency in 1990 to designate the City of New London as a distressed municipality. In 1996, the Federal Government closed the Naval Undersea Warfare Center, which had employed more than 1,500 people. In 1998, New London's unemployment rate was nearly double that of the State. New London's population of just under 24,000 residents was at its lowest since 1920. The City's development arm intended the development plan to capitalize on the arrival of Pfizer Corporation. The City Council of New London approved the development plan, The City's development agent purchased property from willing sellers and proposed to use the power of eminent domain to acquire the remainder of the property from unwilling owners (in exchange for just compensation). This case involved a state statute specifically authorizing the use of eminent domain to promote economic development. The Supreme Court ruled that promoting economic development is a traditional and long accepted function of government. The Supreme Court went on to say nothing in their opinion precludes any State from placing further restrictions on its taking power. Many states impose public use requirements that are stricter than the Federal baseline. The City Attorney advised Virginia is different as it does not have a State statute authorizing the use of eminent domain to promote economic development. Virginia has stricter guidelines. This issue is a State government issue and it appears Virginia is going in the opposite direction of tightening "eminent domain" rather than broadening. ITEM # 54082 Mayor Oberndorf referenced consensus requested by City Council relative the application for a grant re "4 man staffing" on fire trucks. Charles Meyer, Chief Operating Officer, referenced correspondence forwarded to City Council concerning the application for a grant which would be "4 man staffing" on fire trucks. Because of the way this grant Was structured, the staff must be authorized by the City Council to apply for the grant, The grant application deadline is today, June 28,2005. If the grant is approved, Mr. Meyer shall provide a report re the impact and the appropriation ordinance shall be scheduled for afuture City Council Session, Fire Chief Gregory Cade advised the first year of costs re City funds for the fifteen (15) positions is $50,655. In addition to the Federal Grant, there are funds in the State Operating Budget to assist with the matching portion of this Grant, The State advised once the approval is received from the Federal Government, the City should advise the State and their funding will be forwarded. The State is authorized to provide up to $3,600 per position. BY CONSENSUS, City Council directed the City Manager to apply for the grant concerning "4 man staffing" on fire trucks. June 28, 2005 1 - 19- CITY COUNCIL COMMENTS ITEM # 54083 Councilman Wood requested a status report be provided concerning the Portable Storage Container (POD) ordinance. Karen Lasley, Zoning Administrator, displayed the "green" permit which should be on every container. An application form is available on the City's website, The application may be faxed to Zoning, and the applicant will be "billed". Since this program commenced June First, two hundredforty-six (246) permits have been issued for containers. Pac Rac, a very small organization, has only one (1) container at a commercial site on Independence Boulevard. The manager of this company did not agree with restrictions in commercial areas and basically refused to comply. Ms. Lasley met with the manager and she believes this container will be moved today. The $15 permit charge is probably not covering the cost, but more detailed information will be provided after six (6) months of implementing this new ordinance. The one sign (6 square feet) is a very good improvement. Ms. Lasley expressed appreciation to Chris Langaster, who is managing implementation of the Ordinance, June 28, 2005 - 20- AGENDA RE VIE W SESSION 4:53 P.M. ITEM # 54084 BY CONSENSUS, thefollowingshall compose the CONSENT AGENDA: ORDINANCES 1.1, Ordinances to AMEND the City Code a. ~12-43 re powers of the Fire Marshal to evacuate or limit the number of patrons in a building in the event of overcrowding, obstruction of aisles, passageways or other means of egress b. ~21-317 re clarification of ordinance stating exceeding any lawfully posted speed limit is illegal 1.2. Ordinances to AUTHORIZE temporary encroachments into the City's right-of- way for: a. ROBERT H. and DEBORAH A. TIETJEN at 1 Caribbean Avenue re pier, bulkhead and retaining wall (DISTRICT 6 - BEACH) b. GARY WAYNE ROBINSON at 606 Goldsboro Avenue re existing ramp, pier, pilings and bulkhead (DISTRICT 6 - BEACH) c. MARYC. FLOYD at 2856BluebillDrivere dock,floating dock, lift piles and stone revetment (DISTRICT 7 - PRINCESS ANNE) 1.3, Ordinance to AUTHORIZE acquisition of four (4) contiguous parcels of real property from the Overton Family and four (4) parcels from the heirs of C. V. Creech and APPROPRIATE $2, 035, OOOfrom CIP 9-302 Rudee Loop Development - Phase 1 therefore. 1.4. Ordinances to APPROPRIATE: a, $70,000 in estimated revenue from the Motor Carrier Safety Unit to the FY 2005-06 Operating Budget of the Police Department re overweight vehicles b. $18,100 in revenue from Chesapeake Bay Preservation Area Ordinance violations to the FY 2004-05 Agriculture Department Operating Budget re Wetlands, coastal sand dune restoration and enhancement projects June 28, 2005 - 21 - AGE N DA REV IE W S E S S ION ITEM # 54084 (Continued) 1.5. Ordinances to TRANSFER: a. $209,000 within the FY 2004-05 Comprehensive Services Act Special Revenue Fund re provision of state mandated special education and foster care services b. $18,000 from the FY 2005-06 Council Donations account to the Virginia Beach School Education Foundation as authorized by the Virginia Code c. $50,000 from the Reserve for Contingencies to the Regional Participation FY 2005-06 Operating Budget and DIRECT the City Manager to execute a Cost Participation Agreement with Hampton Roads Squadron, Association of Naval Aviation, Inc. (HRANA) re retaining walls adjacent to the Monument to Naval Aviation June 28, 2005 - 22- AGENDA RE VIE W SESSION ITEM # 54085 K.l, Application of TOWN CENTER ASSOCIATES, LLC for a Conditional Use Permit re multi-family dwellings on Independence Boulevard, Commerce Street, Market Street and Columbus Street. (DISTRICT 5 - LYNNHA VEN) Councilman Villanueva requested the applicants respond relative this item during the Formal Session. Council Members Dyer and McClanan advised they would vote NAY on this item ITEM # 54086 BY CONSENSUS, thefollowingshall compose the CONSENT AGENDA: PLANNING K.2. Application of MESSIAH LUTHERAN CHURCH for a Conditional Use Permit re placement of two room modular office trailer at 1486 Holland Road. (DISTRICT 3 - ROSE HALL) K.3. Application of G and A PROPERTIES, LLC for a Conditional Use Permit re vehicle sales and rental at 4933 and 4935 Virginia Beach Boulevard. (DISTRICT 2 - KEMPSVILLE) K.4. Application of SHORE DRIVE AUTO SALESfor a Conditional Use Permit re vehicle sales at 4510 Shore Drive. (DISTRICT 4 - BAYSIDE) Item K.3. shall be APPROVED, with AMENDED Conditions, BY CONSENT. Item K.4. shall be WITHDRAWN, BY CONSENT June 28, 2005 l - 23- ITEM # 54087 Mayor Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2,l-344(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A) (1). To Wit: Appointments: Boards and Commissions: Arts and Humanities Commission Beaches and Waterways Commission Health Services Advisory Board Open Space Advisory Committee Parks and Recreation Commission Shore Drive Advisory Committee Towing Advisory Board 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 2.2-3711 (A)(3). Acquisition/Disposition of Property: Beach District Human Services Department 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 excludedfrom this chapter pursuant to Section 2.2- 3705.6(11) 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. Virginia Beach Mariners 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). City of Virginia Beach v. Doyle, George & Company Archer Western Contractors v, Us. Army Corps of Engineers June 28,2005 -1 - 24- ITEM # 54087 (Continued) Upon motion by Councilman Maddox, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION (5:07 P.M.). Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood (Closed Session: 5:07 P.M. - 6:00 P.M.) June 28, 2005 ~- - 25 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL June 28, 2005 6:00 P.M. Mayor Meyera E, Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June 28,2005, at 6:00 P.M, Council Members Present: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Richard A. Maddox INVOCATION: Reverend Thomas Britton Pastor, Retired PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accountingfirm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge, In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters in which she might have an actual or potential conflict, If, during her review she identifies any matters, she will prepare andfile the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare 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. June 28,2005 - 26- Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 54088 Upon motion by Councilman Dyer, seconded by Councilman Reeve, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A, Maddox June 28, 2005 11 I' 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 # 54087, page 23, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3711(A) of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ~~~ City Clerk June 28, 2005 T - 27- Item V-F.1. MINUTES ITEM #54089 Upon motion by Councilman Reeve, seconded by Councilman Dyer, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSION of June 14, 2005 Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Peter W Schmidt Council Members Absent: Richard A. Maddox Councilman Schmidt ABSTAINED as he was not in attendance during the City Council Session of June 14, 2005, June 28,2005 - 28- Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM #54090 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION June 28,2005 - 29- Item V-L ORDINANCES ITEM # 54091 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED IN ONE MOTION Items 1a/b, 2a/ble, 3, 4a/b and 5a/ble of the CONSENT AGENDA. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A, Maddox June 28,2005 11 - 30- Item V-Lla/b ORDINANCES ITEM # 54092 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinances to AMEND the City Code 912-43 re powers of the Fire Marshal to evacuate or limit the number of patrons in a building in the event of overcrowding, obstruction of aisles, passageways or other means of egress 921-317 re clarification of ordinance stating exceeding any lawfully posted speed limit is illegal Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter W. Schmidt, RonA. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A, Maddox June 28, 2005 ~. 1 AN ORDINANCE TO AMEND 5 12-43 PERTAINING TO 2 OVERCROWDING 3 4 SECTION AMENDED: 5 12-43 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 12-43 of the City Code is hereby amended and 9 reordained, to read as follows: 10 See. 12-43. Amendments. 11 (a) As authorized by Code of Virginia, section 27-97, the 12 following provisions of the 2000 Virginia Statewide Fire Prevention 13 Code are hereby adopted and amended. 14 (b) Section F-403.l is hereby amended to read as follows: 15 Section F-403.1. Open Burning: Open burning shall be conducted in 16 accordance with the laws and regulations set forth by the 17 department of environmental quality (air division), the department 18 of forestry, and sections 12-3 through 12-5 of this chapter. 19 (c) Section 1003.2.2.5 is hereby amended and made more 20 restrictive to include: 21 (1) Section 1003.2.2.5.1. Overcrowding: It shall be 22 unl~;Jful a Class I misdemeanor for any person to permit 23 Jil overcrowding; (ii) the obstruction of aisles, 24 passageways or other means of egress, including 25 obstruction caused by people standing in aisles, 26 passageway or other means of egress; or (iii) admittance 27 of any person beyond the approved occupant load. In 1 r-. 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 addition thereto, the code official, upon finding in aisles, overcrowded conditions or obstruction passageways or other means of egress, or upon finding any condition which constitutes a hazard to life and safety, shall cause the occupancy, performance, presentation, spectacle or entertainment to be stopped until such a condition or obstruction is corrected. aft6 The structure may be evacuated or the addition of any further occupants prohibi ted until the approved occupant load is reestablished or the obstruction has been removed. (2) Section 1003.2.2.5.2. Operator responsibility: The operator or the person responsible for the operation of an assembly or educational occupancy shall check egress facilities before such building is occupied to determine compliance with this section. If such inspection reveals that any element of the required means of egress cannot be accessed, is obstructed, locked, fastened or otherwise unsuited for immediate utilization, admittance to the building shall not be permitted until necessary corrective action has been completed. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 28th day of June, 2005. 2 1 AN ORDINANCE TO AMEND CITY CODE SECTION 21- 2 317 PERTAINING TO MAXIMUM SPEED LIMITS 3 GENERALLY 4 Section Amended 21-317 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That Section 21-317 of the City Code is hereby amended and 8 reordained to read as follows: 9 Sec. 21-317. Maximum speed limits generally. 10 (a) No person shall drive any motor vehicle upon a highway 11 of this City at a speed in excess of any maximum speed limit 12 posted under the authority of the City Manager or his designee. 13 +a+ (b) No person shall drive any motor vehicle upon a 14 highway of this ~ City at a speed in excess of the following 15 maximum speed limits or in excess of any other maximum speed 16 limit posted in accordance with subsection ~ ~ below: 17 (1) Fifty-five (55) miles per hour on the interstate 18 system of highways or other limited access highways 19 with divided roadways. 20 (2) Fifty-five (55) miles per hour on nonlimited 21 access highways having four (4) or more lanes and on 22 all state primary highways. 23 (3) Fifty-five (55) miles per hour on highways not 24 incl uded in (1) or (2) above, if the vehicle is a 25 passenger motor vehicle, passenger bus, United States 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 post office bus, pickup or panel truck or a motorcycle; and forty-five (45) miles per hour on such highways, if the vehicle is a truck, road tractor, tractor truck or combination of vehicles designed to transport property, or is a motor vehicle being used to tow a vehicle designed for self -propulsion, or a house trailer. (4) Thirty-five (35) miles per hour or the minimum speed allowable, whichever is greater, on any highway other than an interstate highway, if the vehicle is being used as a school bus carrying children, and forty-five (45) miles per hour on interstate highways; provided, however, that for any such vehicle which neither takes on nor discharges children between its point of origin and point of destination, the speed limit shall be forty-five (45) miles per hour. (5) Forty-five (45) miles per hour on any highway, if the vehicle or combination of vehicles is operating under a special permit issued by the commonwealth transportation board in accordance with Code of Virginia, section 46.2-1139. The commonwealth transportation board may, however, prescribe a speed limit of less than forty-five (45) miles per hour on any such permit issued by it. 2 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 (6) Twenty-five (25) miles per hour on highways in a business or residential district, except upon interstate or other limited access highways with divided roadways. (7) Thirty-five (35) miles per hour on highways in the city, except upon interstate or other limited access highways with divided roadways and except in business or residence districts. (8) Notwithstanding the provisions of subdivisions (1), (2) and (3) of this subsection, the speed limits for passenger motor vehicles, while towing utility, camping or boat trailers not exceeding an actual gross weight of twenty-five hundred (2500) pounds, shall be the same as that for passenger motor vehicles. ~ (c) Notwithstanding the foregoing provisions, the 65 state highway and transportation commissioner or the director of 66 public works or any other authority having jurisdiction over 67 highways may decrease the speed limits set forth in subsections 68 +a+-(b) (1) and +a+-(b) (3) of this section and may increase or 69 decrease speed limits set forth in subsections +a+-(b) (6) and 70 +a+-(b) (7) of this section. Differentiated speed limits for 71 daytime and nighttime may also be established by decreasing for 72 nighttime driving the speed limits set forth in subsections 73 +a+- (b) (1) through +a+- (b) (3) of this section and by increasing 3 74 for daytime or decreasing for nighttime the speed limits set 75 forth in subsections ~(b) (6) and ~(b) (7) of this section. 76 Such increased or decreased speed limits and such differentiated 77 speed limits for daytime and nighttime driving shall be 78 effective only when prescribed after a traffic engineering and 79 traffic investigation and when indicated upon the highway by 80 signs; provided, the increased or decreased speed limits over 81 highways under the control of the state highway and 82 transportation commissioner shall be effecti ve only when 83 prescribed in writing by the highway and transportation 84 commissioner and kept on file in the central office of the 85 department of highways. Whenever the speed limit on any highway 86 has been increased or decreased, or a differential speed limit 87 has been established and such speed limit is properly posted, 88 there shall be a rebuttable presumption that the change in speed 89 was properly established in accordance with this section and 90 Code of Virginia, ocction Section 46.2-878. 91 Adopted by the City Council of the City of Virginia Beach, 92 Virginia on this 28th day of June , 2005. CA9559 Ordres/Proposed/21-317 ORD.doc R-1 March 29, 2005 APPROVED AS TO CONTENT: ...s::::::>. ~. ~ -- "-........ ~ Police Department 4 - 31 - Item V-L2a. ORDINANCES ITEM # 54093 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to AUTHORIZE temporary encroachments into the City's right- of-wayfor ROBERT H. andDEBORAHA. TIETJEN at 1 Caribbean Avenue re pier, bulkhead and retaining wall (DISTRICT 6 - BEACH) 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. 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 must obtain a permit from the Office of Planning Department prior to commencing any construction. 7. 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. June 28,2005 I - 32- Item V-I.2a. ORDINANCES ITEM # 54093 (Continued) 8. The applicant must submit for review and approval, a survey of the encroachment area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department, 9, 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 applicant for the use of such portion of the City's right-of- way 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, Vice Mayor Louis R. Jones, 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: Richard A. Maddox June 28, 2005 r-- I' 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY PROPERTY 6 LOCATED AT LAKE RUDEE BY 7 ROBERT H. TIETJEN AND DEBORAH 8 A. TIETJEN, THEIR HEIRS, ASSIGNS 9 AND SUCCESSORS IN TITLE 10 11 WHEREAS, Robert H. Tietjen and Deborah A. Tietjen desire to construct and maintain a 12 pier, bulkhead and retaining wall upon and into the City's property located at the rear of 1 13 Carribean Avenue and known as Lake Rudee. 14 WHEREAS, City Council is authorized pursuant to SS 15.2-2009 and 15.2-2107, Code of 15 Virginia, 1950, as amended, to authorize temporary encroachments upon the City's right-of-way 16 subject to such terms and conditions as Council may prescribe. 17 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 That pursuant to the authority and to the extent thereof contained in SS 15.2-2009 and 20 15.2-2107, Code of Virginia, 1950, as amended, Robert H. Tietjen and Deborah A. Tietjen, their 21 heirs, assigns and successors in title are authorized to construct and maintain temporary 22 encroachments for a pier, bulkhead and retaining wall in the City's property as shown on the 23 map entitled: "ENCROACHMENT REQUEST PRIVATE PIER, BULKHEAD, 24 RETAININGW ALL FOR ROBERT H. AND DEBORAH A. TIETJEN LOT D RESUB. LOTS 25 1 THRU 5, BLK. 40, SHADOW LAWN HEIGHTS BEACH DISTRICT VIRGINIA BEACH, 26 VA (lNST. NO. 200211223068923)," Scale 1" = 30', dated November 30, 2004, prepared by 27 Waterfront Consulting, Inc., a copy of which is on file in the Department of Public Works and to 28 which reference is made for a more particular description; and 29 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject 30 to those terms, conditions and criteria contained in the Agreement between the City of Virginia 31 Beach and Robert H. Tietjen and Deborah A. Tietjen (the "Agreement"), which is attached 32 hereto and incorporated by reference; and 33 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is 34 hereby authorized to execute the Agreement; and 35 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time 36 as Robert H. Tietjen and Deborah A. Tietjen and the City Manager or his authorized designee 37 execute the Agreement. 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day 39 of June ,2005. 40 41 APPROVED AS TO CONTENTS 42 C'vtrmfS C. ~~ 43 $W/REALESTATE 44 45 46 47 48 49 50 51 52 APPROVED AS TO LEGAL S I IENCY AND FORM PREPARED: 3/31/05 X:\Proj ects\Encroachments\Applicants\ Tietjen F;/DataIATY/OrdinINONOODElpW ORDINICA9537 Tiejen.doc q I \' PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-81 1 (c) (3) THIS AGREEMENT, made thiso(otA day of ~d , 2005, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and ROBERT H. AND DEBORAH A. TIETJEN, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as " Lot D, Block 40, Shadow Lawn Heights" and being further designated and described as 1 Carribean Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a pier, bulkhead and retaining wall, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City 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. NOW, THEREFORE, for and III consideration of the premlses and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and GPIN 2427-00-2892 '1 , , maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ENCROACHMENT REQUEST PRIVATE PIE~ BULKHEAD, RETAINlNGWALL FOR ROBERT H. AND DEBORAH A. TIETJEN LOT D RESUB. LOTS 1 THRU 5, BLK. 40, SHADOW LAWN HEIGHTS BEACH VIRGINIA BEACH VA DATE: NOVEMBER 30, 2004" a copy of which is attached hereto as Exhibit" A" and to which reference is made for a more particular description. 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 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. 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 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. 2 ! ! 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 a permit from the Office of Planning Department prior to commencing any construction within The Encroachment Area. 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 j liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment 3 Ij sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 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 of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The I' Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner I provided by law for the collection of local or state taxes. I i I Ii I j I I ! I ! I I j , ! I I I I j :1 I i IN WITNESS WHEREOF, Robert H. Tietjen and Deborah A. Tietjen, 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 behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk 4 T l / ,. I ! l -. --"''''''1 ~ , ... ~~~~ ; "~..,,. - : "!l Robert H. Tietjen v.,. , . I / .' l ." . ~""... " '11 , J" , \"1 ,f,. I..j :' .. : , ,; ,j .............}. '/1 '/11/,;/( ir /.tll , /,u,-J(r2v( l{ ,f~drc.-, D'eborah A. Tietjen! I LJ J .f STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2005, by , CITY MANAGER! AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2005, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: 5 il STATE OF I CITY/COUNTY OF f/;if; /ld7Ja.";/ I I I j I 'I j I , to-wit: The foregoing instrument was acknowledged before me this .;;litP' day of 'J .... 1/ i1/d7('.i/...#' , ,. # .J: ( ,2005, by Robert H. Tietjen. . /...,... . ~_~('~v;<'?'''- ,. ~'/'.'<-,:-.. ~~'<,>// ., ~1 ;74'0/'/ ... '/ t:./_'~-1Y~' _ ---r' aZ'h. , '. ,.~ Lo(;;/ I <" Notary Public v/ My Commission ~xpir7s: --7 ./ ;:I .i ."'" '7 /-- F,ci ;;;J // ,c:..:::. ST ATE OF CITY/COUNTY OF l1~ /.J~ , to-wit: The foregoing instrument was acknowledged before me this r:?~ day of .4/,fJ?M- , 2005, by Deborah A. Tietjen, I i I My Commission Expires: 17,h /' /b.s- J J I '. fL.. ~:.,,-:.;:j7~/~'~ <,......~-t?:t:d}1t:,. /t:~/ /-:~1'~ Notary Public {.;/ APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM /~'" \ \ f-,l "-D ',,:llCL{JlJ[$ L. C}~:)'AJr,tV',_ WGNATURE - [' .', J .-It- r )[0 KE. 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",).....;.. ~~~ \ " ~ '" B", \~ ~ PROPERTY LINE TABLE L1: S 48'09'48" W 15.73' L2: S 76'06'05" w 1000' L3: S .32'70'45" W 28,77" L4: S 42.54'56" W 32,20' L5: S 56'52'1.3" W 58.97' L6; S 73"1.3'25" W 19..37' L 7: S 29'33'59" W 6.7B' La: s 29'17'11" W 9,07' L9: S 7.3'41'26" W 6,31' N/F JAMES ANDERSEN 3: 35,00' -*' CD '&;0 ~"i .(' """ N 13'53'55 W ~ 40_00' PIN ~.' CARIBBEAN A VENUE (SO' R/W) 'O.~ ~. () REF: I (2;2] SMHQ WA TERFRONT CONSUL TING, INC 1112 JENSEN DRIVE, STE, 206 VIRGINIA BEACH. VA 23451 PHONE: (757) 425-8244 FAX: (757) 313-9788 " 'l) ::0 ~ o Vl.... ~~ \ " " . .-,~ " " \. '\ ...J -' :0 ~ ~.e '" '-' 0 -' CD 8 .-; 0> \ \ ~ LAKE RUDEE N/F CITY OF VIRGINIA BEACH 9 " ':n ~ .... ~ ",> <0 r-... tfl .. ;;; PROPOSED DwELLING GAR FF:1D.O' ~ ~ '" ~Q "b ~ i \ PLAN VIEW [X, RIPRAP TYP. SCALE 1" = .30' EXHmIT A ENCROACHMENT REQUEST PRIVA TE PIER. BULKHEAD. RETAININGWALl FOR ROBERT H. AND DEBORAH A. TIETJEN LOT 0 RESUB. LOTS 1 THRU 5. BlK, 40, SHADOW LAWN HEIGHTS BEACH DISTRICT VIRGINIA BEACH. VA (JNST. NO 200211223068923) DA TE: NOVEMBER 30, 2004 l - 33- Item V-I.2b. ORDINANCES ITEM # 54094 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to A UTHORIZE temporary encroachments into the City's right- of-way for GARY WAYNE ROBINSON at 606 Goldsboro Avenue re existing ramp, pier, pilings and bulkhead (DISTRICT 6 - BEACH) 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. 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 removedfrom 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 must obtain a permit from the Office of Planning Department prior to commencing any construction. 7, The applicant shall post bond or other security in accordance with their engineer's cost estimate, to the Office of Development Services Center, Department of Planning. June 28,2005 - 34- Item V-L2a. ORDINANCES ITEM # 54094 (Continued) 8. 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. 9. The applicant must submit for review and approval, a survey of the encroachment area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 10. 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 applicant for the use of such portion of the City's right-of way 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, Vice Mayor Louis R. Jones, 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: Richard A. Maddox June 28,2005 -I 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY PROPERTY 6 LOCATED IN LAKE RUDEE BY GARY 7 WAYNE ROBINSON, HIS HEIRS, 8 ASSIGNS AND SUCCESSORS IN TITLE 9 10 WHEREAS, Gary Wayne Robinson desires to maintain existing ramp, pier, pilings and 11 bulkhead upon and into the City's property located at the rear of 606 Goldsboro Avenue and 12 known as Lake Rudee. 13 WHEREAS, City Council is authorized pursuant to SS 15.2-2009 and 15.2-2107, Code of 14 Virginia, 1950, as amended, to authorize temporary encroachments upon the City's property 15 subject to such terms and conditions as Council may prescribe. 16 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 That pursuant to the authority and to the extent thereof contained in SS 15.2-2009 and 19 15.2-2107, Code of Virginia, 1950, as amended, Gary Wayne Robinson, his heirs, assigns and 20 successors in title are authorized to maintain existing ramp, pier, pilings and bulkhead in the 21 City's property as shown on the map entitled: "LOTS 9 & 10 & EASTERN lf2 OF LOT 8, 22 BLOCK 28 GPIN: 2427-01-7641 SHADOW LAWN HEIGHTS (M.B. 7,PG.14)," Scale 1" = 23 40', dated October 14, 2004, prepared by Wpl, a copy of which is on file in the Department of 24 Public Works and to which reference is made for a more particular description; and 25 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject 26 to those terms, conditions and criteria contained in the Agreement between the City of Virginia 27 Beach and Gary Wayne Robinson (the "Agreement"), which is attached hereto and incorporated 28 by reference; and 29 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is 30 hereby authorized to execute the Agreement; and 31 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time 32 as Gary Wayne Robinson and the City Manager or his authorized designee execute the 33 Agreement. 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the28th day 35 of June ,2005. 36 37 38 39 40 41 APPROVED AS TO LEGAL 42 SUFFICIENCY AND FORM :~ CI~~ 45 CA":'9533 46 PREPARED: 5/31/05 4 7 X:\Projects\Encroachments\Applicants\Robinson, Gary - Lake f' .:dee BoatJift RAB\Ordinance Encroachment.Frm.doc 48 F:IDataIATYIOrdinINONCODE/PW ORDINICA9533 Robinson.doc 1 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(c) (3) THIS AGREEMENT, made this 5th day of May , 2005, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and GARY WAYNE ROBINSON, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot 9, Lot 10 and the Eastern one-half of Lot 8, in Block 28 as shown on "MAP OF SHADOW LAWN HEIGHTS VIRGINIA BEACH PRINCESS ANNE CO" (Map Book 7, page 14), and being further designated and described as 606 Goldsboro Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain existing ramp, pier, pilings, and bulkhead, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and/or maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of existing City property known as Lake Rudee at the rear of 606 Goldsboro Avenue "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN: NO GPIN ASSIGNED FOR LAKE RUDEE 2427-01-7641 l NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "LOTS 9 & 10 & EASTERN 11:1 OF LOT 8, BLOCK 28 GPIN: 2427-01-7641 SHADOW LAWN HEIGHTS (M.B. 7,PG.14)," Scale I" = 40', dated October 14, 2004, prepared by Wpl, which plat 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. 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 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. 2 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 a permit from the Office of Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a permit, the Grantee must post a bond or other security, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days 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. 3 It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 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 of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Gary Wayne Robinson, the said Grantee has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 4 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk .y~ STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2005, by DESIGNEE OF THE CITY MANAGER. , CITY MANAGER/AUTHORIZED Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this __ day of , 2005, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: 5 STATE OF V1'('C);",v.'tB CITY/COUNTY OF -llIYif;lli\{.:] fJ&1d7, to-wit: 177111 Ii} The foregoing instrument was acknowledged before me this I () day of ,2005, by Gary Wayne Robinson. d: .r . ~ · } V~r1<1d~, Notary ublic My Commission Expires: #;P 7 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2005, by DESIGNEE OF THE CITY MANAGER. , CITY MANAGER! AUTHORIZED Notary Public My Commission Expires: APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFIECIENCY AND FORM /.....\ ~()!rl. I'{(' r. I ':;t..;fI)~/:' f ~AJ 'f "....:, . # \../ \--~,\.v.....)(, t ". SiGNATURE fLU Ned c(;1cdi DEPARTMENT ii/LId tJ Ufl.l//OAJ X:\Projects\Encroachments\ApPlicants\Robinson, Gary - LakeGary Robinson 606 Goldsboro AvenueVirginia Beach, VA 23451 Rudee Boatlift RAB\Agreement Encroachment.Frm.doc 6 -1 ex. WOOD BULKHEAD - f'--- fI -~-,:--"."..~.~~.. .~ LAKE RUDEE Exhibit "A" / ~ t:~ !!i'" ~~ L; ~... ~'" ~<li ::i 2: FLOoD ~ <8' WOOD FENCl: 0.63' CLEAR Il. ~ <0 ...~ ~ 0; " r PROPERTY l I: I _ PI:R PlAr LOT-I --- EX. FlOA TINe WOOD PIeR LOT-2 -- -- i-t LOT-3 2 ... --- LOT-4 --- LOT-II LOT-5 APPROXIMATF: LOCATION OF FLOOD ZONe SePARATION liNe AS PeR PANF:L (TYP.) ~~ ~~ ~~ ~ ~ ~ ~ CI) ~ ~ ).: \.) 48 ~ WOOD FENce 0.22' CLE"AR Ie ~~... 3'", GOLDSBORO 90-00'__-...- dote: 10/14/2004 file: 204-1062 .dwg tech: proj,man,: EAG EAG prOJ. no. 204-1062 project: LOTS 9 & 10 & EASTERN 1/2 OF LOT 8. BLOCK 28 GPIN: 2427-01-7641 SHADOW LA WN HEIGHTS (M.B.l,PG.14) Civil Engineers 757.431. 1 04 1 Land Surveyors '. wplsite.com Landscape ArchItects 242 Mustang Trail, Suite 8 Vir inia Beach, VA 23452 scale: 111.40' drawing title: ENCROACHMENT AGREEMENT PLA T ys Nf - 1 _ t. . M, _ .. .-----447.,..-=,--— fi_1/4'75.-4,..-..'.-� ,, --"-- r, ik 1 ^A �. f ' u; L.,' - • :: t r • ! I iA ;; - '/, ..,x I Jai L.1 -��r - 1 F i - g � -. I �► A' i a •• :a. IP 4, - 1. r 4�-r._.- a `� , I�✓ h T '� 1. 1. �. , c -T .. ._,_:,,,iki,.__- r ,,ri-'t w.. -_ i6-`y 't.1.- 1p .A , r .. .,,mss=t+S:�%r~ 2 ;?et '[£''A 'Tv F f dz -"`rx..fi ,--'-.7.p.:,-.,,:' '.... .4.-':=-1,..,::.',11, ` tr ., ,'' \`< I h -1100 "...#:1 • to . •- r • 3 \ , f 4 • '. :vee _ /''. MO . • '-- _= „•enc' •,_ � .,,,0. -,= „�.pea tea,, ... \ \ r I ( ... ROBINSON.DGN M.l.S. PREPARED BY PM' ENG. CADD DEPT, JAN. 20, 2005 - 35 - Item V-L2c. ORDINANCES ITEM # 54095 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to AUTHORIZE temporary encroachments into the City's right- of way for MARY C. FLOYD at 2856 Bluebill Drive re dock, floating dock, lift piles and stone revetment (DISTRICT 7 - PRINCESS ANNE) 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. 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 removedfrom 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 must obtain a permit from the Office of Planning Department prior to commencing any construction. 7. 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. June 28, 2005 - 36- Item V-L2c. ORDINANCES ITEM # 54095 (Continued) 8. The applicant must submit for review and approval, a survey of the encroachment area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 9. The City, upon revocation ofsuch 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 applicant for the use of such portion of the City's right-of way 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, Vice Mayor Louis R, Jones, 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: Richard A. Maddox June 28, 2005 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO 5 A PORTION OF CITY PROPERTY 6 KNOWN AS BASS INLET - EAST 7 LOCATED BEHIND 2856 BLUEBILL 8 DRIVE BY MARY C. FLOYD, HER 9 HEIRS, ASSIGNS AND SUCCESSORS 10 IN TITLE 11 12 WHEREAS, Mary C. Floyd desires to construct and maintain a dock, a floating 13 dock, lift piles and stone revetment within the City property located behind 2856 Bluebill 14 Drive, Virginia Beach, Virginia. 15 WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107, 16 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 17 City's right-of-way subject to such terms and conditions as Council may prescribe. 18 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 That pursuant to the authority and to the extent thereof contained in 99 15.2- 21 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Mary C. Floyd, her heirs, 22 assigns and successors in title are authorized to construct and maintain a temporary 23 encroachment for a dock, a floating dock, lift piles and stone revetment in the City 24 property as shown on the map entitled: "PROPOSED IMPROVEMENTS Bass Inlet - 25 East Trib. To N. Back Bay Location: Virginia Beach, VA Applicant: Mary C. Floyd May 26 13, 2005 REVISED" a copy of which is on file in the Department of Public Works and to 27 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 -I 29 City of Virginia Beach and Mary C. Floyd (the "Agreement"), which is attached hereto 30 and incorporated by reference; and 31 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 32 is hereby authorized to execute the Agreement; and 33 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 34 time as Mary C. Floyd and the City Manager or his authorized designee execute the 35 Agreement. 36 Adopted by the Council of the City of Virginia Beach, Virginia, on the 37 28th day of June ,2005. 38 APPROVED AS TO CONTENTS :~ ~R~. ~~ fro REJ:t} Es1tat DEPARTMENT 39 42 43 44 45 46 47 48 49 50 51 52 APPROVED AS TO LEGAL SUFFICIENCY AND FORM CA-q5~ PREPARED: 4/21/05 F:IDataIATYIOrdin1NONCODElpw ORDINICA9530 Floyd.doc PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(e) (3) THIS AGREEMENT, made this ;< ,,(xaay of 0;oLI.;' , 2005, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and MARY C. FLOYD, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 16" as shown on that plat identified as "SANDBRIDGE SHORES SECTION 1A - SOUTH AREA PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA.", Scale -1"=100', dated February 14, 1966, revised March 13, 1967, and being further designated and described as 2856 Bluebill Drive, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain a dock, a floating dock, lift piles and stone revetment (shoreline rip rap), "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Bass Inlet - East "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN 2433-35-0181-0000 1 NOW, THEREFORE, for and in consideration of the premises and ofthe benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "PROPOSED IMPROVEMENTS Bass Inlet - East Trib. To N. Back Bay Location: Virginia Beach, VA Applicant: Mary C. Floyd May 13, 2005 REVISED" a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 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 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. 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 2 1 and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out ofthe 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 a permit from the Office of Planning Department prior to commencing any construction within The Encroachment Area. 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 City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge 3 the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Mary C. Floyd, the said Grantee has caused this Agreement to be executed by hislher/their signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk l1~fUL Mary c. Floy 4 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2005, by DESIGNEE OF THE CITY MANAGER. , CITY MANAGER! AUTHORIZED Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2005, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF ~.., CITY/COUNTY OF i 1:5) ItAil ,AU~!(.k-wit: The foregoing instrument was acknowledged before me this c2 !l/(day of ~/ , 2005, by Mary C. Floyd. ('~r~ 0 ctL~ ( Notary Public '~ My Commission Expires: 'Jr"3 .31, ~/):; 5 APPROVED AS TO CONTENTS ~U1ri\C~ c. ~M. SIGNATURE Pm RfAJ [r.Jati DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM 6 T Distance Across (MLW - MLW) 95' T FLOOD EBB P/L, ,""- E xh; b;-t "A II Across - J &. J Sheehan ti ~. ~~ ~ IS Encroachment - Propos~d Lift Piles (4), I ~. BASS INLET _ EAST \ Encroachment - p. ioposed ~ton,: Revetment . . I'" ~t .,Southern En~ Shoreline Rip Rap. " . .../ I I -RELOCATE 12' . /' 1-12'"..:...-.) ~. _.-~-:---,1~:' , 1.00.00' -. '. .. -' .---:- 0' 4. ').~ IS S 10'4 DO" E. 'J.. . -. . 35.0' .:...-.....<? ------: . '.:.-: ':. ,~Li' ~IN (F). '~,:"..' .....,...:' .:~o.,,' -.10' N~NE 0145.00' ,..,',...".,~\,":' :.:'~':::.: - ..:.'.'...;F "". 6',.. . P/opp);edDock 10"x-2f. I 1.0 '.: . .;~EOSTONEREVETME~~ ". ;.Encrolj~h~enI3'beyOnd:Easter~P/L ;' 20,5 '. 20" . 16 15 '.29'/ . 15" ' : P!N\ (F) Relocatlo:n of Exisllng Floating Dock 12{lI'16'/ I' I ONLINE 0 130.35' Encroachment-8'~eyondEaslemP/V.". ' ~ ,16'\, ---~- /. I" I I ./: I: r~1 4' P~'~STIC FENGE I '.1 .'~ I - lx;I12,P' . FRAME' . SHED I L_.__ .:2ND FLOOR OVERHANG MLW -0.4'- MHW 2.4'. 15 Adjacent - R & F Easton .' 6' PLA~:iTIC . FENCE FENCE ONLINE . PIN (F) 1435.07' TO TUNA LANE b o d 10' . ... 1.0' 1.7' l1J . o o t-- r '0) " :z .1 I .~ 2 STORY FRAME HOUSE #28.56 t--. .~. ,~ ::J~ i:n 29.3' I .1 I I I . ./ . I 2ND FLOOR DECK Note: Applicant has applied for Municipal Encroachment Approval. As noted above, this approval will Include the floating dock, a small section of riprap, a portion of the 10' x 24' dock, and .4 seaward lift piles. . d 10' N 10'43'00" W' 100,00' BLUEBILL DRIVE (pO' R/W) Adiacent Property Owners D, Shaw & D. Johnson Richard & Frances Easton John & Jane Sheehan PLAN VIEW PROPOSED STONE REVETMENT DOCK and BOAT LIFT Pa e 2 of 4 17 Adjacent - D. Shawl D. Johnson 4' . WOOD . '. FENCE b o d 10 .5' .~.. . I I~ w I~ <( w ,I~ ::J I~ '.I~ (!) 'I~ .' <( 0: I~' . o . 0 t-- r m. ~ lIJ ~ .PIN (F) SCALE 1"= 25' PROPOSED IMPROVEMENTS Bass Inlet - East Trib, To N. Back Bay Location: Virginia l3each, VA Applicant: Mary C. Floyd May 13, 2005 REVISED Re: Enema cic1� n-lell 7L +/o./ 7 C�S7n ce ly �� '/eo/ Fir-liet-i j 5- (ju,,6Te e r PRoPu�'l/ 25 ///ue�//4 .1/' i t , 114,0,...w., 0 . T 2 INClie '10 a f \ , � � ilk , I` a s. giR'ti4 vim.. r....,, ,�_ ,- _. iffi 'GI-- 7 Pe c�o�c�/n e��*o, ca 74j-11 /J C ' S7 11--/e51 /ed f�forvar� 26',15-J • A. l, *r.,,,,--,.--„,--;-!A-v FLOYD.DCN M,),S. . PREPARED BY PM' ENC. CADD DEPT, MARCH 9,2005 - 37- Item V-L3. ORDINANCES ITEM # 54096 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to A UTHORIZE acquisition of four (4) contiguous parcels of real property from the Overton Family and four (4) parcels from the heirs of C. V Creech and APPROPRIATE $2,035,000 from ClP 9-302 Rudee Loop Development - Phase 1 Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox June 28, 2005 1 ORDINANCE NO. 2 3 AN ORDINANCE TO APPROVE AND 4 AUTHORIZE THE ACQUISITION OF (A) 5 FOUR (4) CONTIGUOUS PARCELS OF REAL 6 PROPERTY AT RUDEE LOOP FOR $2,000,000 7 FROM THE OVERTON FAMILY AND (B) ALL 8 RESIDUAL INTEREST IN THE 4 PARCELS 9 FROM THE HEIRS OF c.v. CREECH FOR 10 $35,000. 11 12 13 WHEREAS, Rudee Loop has been identified as a prime location for development at the 14 Oceanfront, and the development ofRudee Loop would complement the major Pavilion expansion 15 and is consistent with the Oceanfront Resort Concept Plan; 16 WHEREAS, the Estate of Audrey Overton (GPIN 2427-32-0193), Keith W, Overton (GPIN 17 2427-32-0057), Ward A. Goodrich (GPIN 2427-22-9184), and W. S. Overton (GPIN 2427-32-00(6) 18 (collectively, "Overton") own four (4) contiguous parcels of real estate at Rudee Loop aggregating 19 approximately .4211 acres of real property (collectively, the "Property"); 20 WHEREAS Overton desires to sell the Property to the City of Virginia Beach (the "City"); 21 WHEREAS, the heirs ofC. V. Creech maybe vested with an interest in and to portions of the 22 Property; 23 WHEREAS, the heirs ofC. V. Creech are willing to relinquish to the City any interest they 24 may have in the Property; 25 WHEREAS, the City Council ofthe City of Virginia Beach, Virginia (the "City Council") is 26 of the opinion that the acquisition of the Propeliy would be in the best interest of the City; 27 WHEREAS, Overton and City staff have worked with the City Attorney to draft a Purchase 28 /\greement which sets forth the responsibilities and obligations of the parties upon tern1S and 29 conditions mutually agreeable to all parties; and T 30 WHEREAS, funding for this acquisition is available and has been appropriated in the CIP 31 Project 9-302 Rudee Loop Development - Phase 1. 32 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, "" _1_1 VIRGINIA: 34 1. That the City Council approves and authorizes the acquisition of four (4) parcels of 35 real estate from The Estate of Audrey Overton (GPIN 2427-32-0193), Keith W. Overton (GPIN 36 2427-32-0057), Ward A. Goodrich (2427-22-9184), and W. S. Overton (GPIN 2427-32-0(06) 37 (collectively, "Overton") at Rudee Loop (the "Property") by purchase pursuant to ~ 15.2-1800 ofthe 38 Code of Virginia, 1950, as amended, which Property is shown on Exhibit A attached hereto. 39 2. That the City Council further approves and authorizes the acquisition of any interest 40 Ihe heirs of C. V. Creech may have in the Property (the "Creech Interest") for a purchase price of 41 $35,000. 42 3, That the City Manager or his designee is authorized to execute on behalf ofthe City 43 of Virginia Beach, a Purchase Agreement for the Property and the Creech Interest for the aggregate 44 sum and payment of$2,035,000 and in accordance with the Summary of Tenns attached hereto. 45 4. That the City Manager or his designee is further authorized to execute all documents 46 I hat may be necessary or appropriate in connection with the purchase ofthe Property, so long as such 47 documents are acceptable to the City Manager and the City Attomey. 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 28..th day of 49 June ,2005. 50 51 52 53 54 55 APPROVED AS TO CONTENT _~t1hL d. ~ I;conomic Development 56 APPROVED AS TO 57 I J<:GAL SUFFICIENCY ;~ ~~JeJ; 60 61 CA-9649 62 PREPARED: June 23, 2005 63 1<.-1 64 1\1 JatalATYIOIDIREAL ESTATEICollllllercial ProjectslRlIdee Loopl! lvertonlacqllisition ordinance I.doc 65 66 67 EXHIBIT A < , I I I I 1 , , \ \ " , , \ \ Every reasonable effort has been made to assure the accuracy of these maps and associated data. The City of Virginia Beach assumes no liability arising from use of these maps or data, THE MAPS ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, either expressed or implied, includingl but not limited tOI the implied warranties of merchantability and fitness for a particular purpose. PROPRIETARY INFORMATION: Any resale of this information is prohibited, except in accordance with a sublicensing agreement, http://www.vbgov.com/e-gov/emapping/access/printMap.asp?REQUEST=MAP &BBOX =... 6/21/2005 SUMMARY OF TERMS PURCHASE AGREEMENT FOR THE ACQUISITION OF FOUR (4) PARCELS OF REAL PROPERTY LOCATED ON RUDEE LOOP OWNERS: Parcell: Parcel 2: Parcel 3: Parcel 4: The Estate of Audrey Overton (GPIN 2427-32-0193) Keith W. Overton (GPIN 2427-32-0057) Ward A. Goodrich (GPIN 2427-22-0184) W. S. Overton (GPIN 2427-32-0006) BUYER: City of Virginia Beach SALE PRICE: $2,000,000 payable at Settlement as follows: $579,600 to the Estate of Audrey Overton $547,600 to Keith W. Overton $545,200 to Ward A. Goodrich $327,600 to W. S. Overton SETTLEMENT DATE: On or before June 30, 2005 SPECIAL TERMS AND CONDITIONS: . Resolution of any interest of C. V. Creech (deceased) in the 4 Parcels. Payment of a $35,000 Title Clearing Payment to the heirs of C. V. Creech in exchange for any residual interest they may own. . Possession of Parcel 2 by Keith W. Overton for 120 days after closing. F :\Data \A TYIOIDIREAL EST A TEICommercial projectsIRudee LooplOvertonlsummary.doc - 38- Item V-L4a/b. ORDINANCES ITEM # 54097 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinances to APPROPRIATE: $70,000 in estimated revenue from the Motor Carrier Safety Unit to the FY 2005-06 Operating Budget of the Police Department re overweight vehicles $18,100 in revenue from Chesapeake Bay Preservation Area Ordinance violations to the FY 2004-05 Agriculture Department Operating Budget re Wetlands and coastal sand dune restoration and enhancement projects Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Mayor Meyera E. OberndorJ, Jim Reeve, Peter W. Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A, Maddox June 28, 2005 -1 1 2 3 4 5 AN ORDINANCE TO APPROPRIATE $ 7 0, 000 IN ESTIMATED REVENUE FROM THE MOTOR CARRIER SAFETY UNIT TO THE POLICE DEPARTMENT IS FY 2005-06 OPERATING BUDGET FOR THE PURCHASE OF SCALES 6 WHEREAS, the Motor Carrier Safety Unit is anticipated to 7 generate revenue in excess of the FY 2005-06 anticipated revenue. 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 1. That $70,000 in estimated revenue from the Motor Carrier 11 Safety Unit is hereby appropriated to the Police Department's FY 12 2005-06 Operating Budget for the purchase of scales. 13 2. That estimated revenue in the FY 2005-06 Operating Budget 14 from the Motor Carrier Safety Unit is hereby increased by $70,000. 15 16 Adopted by Virginia, on the the Council 28th day of of the June City of , 2005. Virginia Beach, Requires an affirmative vote by a majority of the members of the City Council. Management Services ~ APPROVED AS TO LEGAL SUFFICIENCY U)~ III fik.t1/ City Attorney's Office APPROVED AS TO CONTENT CA-9647 PA\GG\ORDRES\PD Motor Carrier Unit Scales ORD R-2 June 15, 2005 1 AN ORDINANCE TO APPROPRIATE $18,100 IN 2 ORDINANCE VIOLATIONS REVENUE TO THE FY 2004-05 3 OPERATING BUDGET OF THE DEPARTMENT OF 4 AGRICULTURE FOR WETLANDS AND COASTAL SAND DUNE 5 RESTORATION AND ENHANCEMENT PROJECTS 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 That $18,100 collected from Chesapeake Bay Preservation 9 Ordinance violation civil charges is hereby appropriated to the FY 10 2004-05 Operating Budget of the Department of Agriculture for 11 wetlands and coastal restoration and enhancement projects. 12 That estimated revenue in the FY 2004-05 Operating Budget is 13 hereby increased by $18,100 from Chesapeake Bay Preservation 14 Ordinance violation civil charges. 15 16 Adopted by the Virginia, on the 28th Council of the day of June City of , 2005. Virginia Beach, Requires an affirmative vote by a majority of the members of the City Council. Management APPROVED AS TO LEGAL SUFFICIENCY ~J1tiiaw! City Attorney's Office APPROVED AS TO CONTENT CA-9644 PA/GG/ORDRES/Chesapeake R-3 June 16, 2005 Bay Fines ORD - 39- Item V-I.5a/b/c. ORDINANCES ITEM # 54097 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinances to TRANSFER: $209,000 within the FY 2004-05 Comprehensive Services Act Special Revenue Fund re provision of state mandated special education and foster care services $18,000 from the FY 2005-06 Council Donations account to the Virginia Beach School Education Foundation as authorized by the Virginia Code $50,000 from the Reserve for Contingencies to the Regional Participation FY 2005-06 Operating Budget and DIRECT the City Manager to execute a Cost Participation Agreement with Hampton Roads Squadron, Association of Naval Aviation, Inc. (HRANA) re retaining walls adjacent to the Monument to Naval Aviation Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox June 28, 2005 1 AN ORDINANCE TO TRANSFER $209,000 WITHIN 2 THE FY 2004-05 COMPREHENSIVE SERVICES ACT 3 SPECIAL REVENUE FUND FOR CLIENT SERVICES 4 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 5 OF VIRGINIA BEACH, VIRGINIA: 6 That $209,000 is hereby transferred from within the FY 7 2004-05 Comprehensive Services Act Special Revenue Fund from the 8 Comprehensive Services Act Special Revenue Fund General Fund- 9 MH/MR/SA Transfer Account to the Comprehensive Services Act Special 10 Revenue Fund Comprehensive Services Act Administration and Social 11 Services Other Purchased Services Account to provide critical 12 services for mandated youth in need of foster care, court services, 13 mental retardation, mental health/substance abuse services. 14 Adopted by the Council of the City of Virginia Beach, 15 Virginia, on the 28th day of June , 2005. Requires an affirmative vote by a majority of the members of City Council. Approved As to Content: Approved As To Legal Sufficiency: IJQl\LJ Q . C~ Management Services /JJ JJ;;t /W./W~ City Attorney's Office CA9645 PA/GG/ORDRES/Comp. Services Act Transfer ORD R-2 June 15, 2005 1 2 3 AN ORDINANCE DONATING $18,000 TO THE VIRGINIA BEACH PUBLIC SCHOOLS EDUCATION FOUNDATION 4 WHEREAS, the City has previously established the salary of the 5 Beach District Councilmember at zero dollars ($0) per annum; 6 WHEREAS, an amount equal to a Councilmember's salary ($18,000) 7 has been transferred to the Council Donations account; and 8 WHEREAS, the City Council desires to donate these funds to the 9 Virginia Beach Public Schools Education Foundation, a tax exempt 10 non-profit organization. 11 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 That $18,000 from the FY 2005-06 Council Donations account is 14 hereby donated to the Virginia Beach Public Schools Education 15 Foundation, as authorized by Virginia Code 5 15.2-953. 16 17 Adopted by the Virginia, on the 28th Council day of of the June City of Virginia , 2005. Beach, Requires an affirmative vote by a majority of the members of the City Council. Management Services APPROVED AS TO LEGAL SUFFICI~NC~ ~.~ -W~ ' City Attorney's Office APPROVED AS TO CONTENT EcwJ (k~ ) , CA9642 PA/GG/ORDRES/Donation of Maddox Salary.ORD R-2 June 15, 2005 1 AN ORDINANCE TO TRANSFER $50,000 FROM RESERVE 2 FOR CONTINGENCIES TO THE REGIONAL 3 PARTICIPATION FY 2005-06 OPERATING BUDGET TO 4 FUND A COST PARTICIPATION AGREEMENT WITH THE 5 HAMPTON ROADS SQUADRON, ASSOCIATION OF NAVAL 6 AVIATION, INC., FOR COSTS TO REFINISH THE 7 EXISTING RETAINING WALLS ADJACENT TO THE 8 MONUMENT TO NAVAL AVIATION 9 10 11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 12 VIRGINIA: 13 That $50,000 is hereby transferred from Reserve for 14 Contingencies to the Regional Participation FY 2005-06 Operating 15 Budget to fund a cost participation agreement in an amount not 16 to exceed $50,000 with the Hampton Roads Squadron, Association 17 of Naval Aviation, Inc., for costs to refinish the existing 18 retaining walls adjacent to the Monument to Naval Aviation. The 19 City Manager is hereby authorized to execute such cost 20 participation agreement on behalf of the City. 21 Adopted by the Council of the City of Virginia Beach, 22 Virginia, on the 28th day of June , 2005. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY /))JJk; /f! j U' City Attorney's Office CA9640 PA/GG/ORDRES/Naval Aviation Monument.ORD R-6 June 22, 2005 . ~- :. "1>.., .-iv-. ",- ~t .- ~' -' -ll.' 't:J~~".;, . .'~~ ':"k ;f.' # ~- ,< ~'\~~i -'" 4~' ., ~'~r' .~ "'~ .~, ~< .... " ~-. JUN --~~4 . 2005 .' .."...1 . ",'~ " \, ..... ~ . .~'~ '1"" "'. 7S~'*~-~ ...;....+1 '........ ~....'-' 71" .,J ,'. - ~- ", ."'-=:.... ."' ,- ..~:~~~' ......... 'j>", , "'. ~ .~.. I'''''''' ,:.:'1 ,:..-<. ....."-.~ 4 2'005>' ~ ~. ',(;t oQ 7 ~. 't. .... '--:-. JUN 4 2005 - 40- Item V-J.l a/b PLANNING ITEM # 54098 NO ACTION City Council took NO A CTION, as the Planning Commission DEFERRED INDEFINITEL 1'; Ordinances upon application of the CITY OF VIRGINIA BEACH: AMEND 99105 and 502 of the Comprehensive Zoning Ordinance (CZO) re establishing restrictions on development of nonconforming lots in Residential Zoning Districts AMEND 94.4(b) of the Subdivision Ordinance re resubdivision of nonconforming lots in Residential Zoning Districts June 28,2005 I ~_____m_ - 41 - Item V-K. PLANNING ITEM # 54099 1. TOWN CENTER ASSOCIATES LLC CONDITIONAL USE PERMIT 2. MESSIAH LUTHERAN CHURCH CONDITIONAL USE PERMIT 3. G and A PROPERTIES, LLC CONDITIONAL USE PERMIT 4. SHORE DRIVE AUTO SALES CONDITIONAL USE PERMIT June 28,2005 - 42- Item V-K. PLANNING ITEM # 54100 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED IN ONE MOTION Items 2,3 (REVISED) and 4 (WITHDRAWN) of the PLANNING BY CONSENT AGENDA. Item K.3 was APPROVED, BY CONSENT, WITH REVISED CONDITIONS. ItemK.4. was WITHDRAWN, BY CONSENT Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E, Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E, Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A, Maddox June 28,2005 - 43- Item V-K.1. PLANNING ITEM # 54101 Mark Wawner, Economic Development, advised this application was advertisedfor the June 28,2005, and July 5, 2005, City Council Sessions and two letters were forwarded to Armada HofJler. Armada HofJler did not have representation and requested this item be DEFERRED until the July 5, 2005, City Council Session, William Bailey, 4841 Rosecroft Street, Phone: 495-0637, expressed concern relative issue of public safety concerning the density in Town Center. Mr. Bailey expressed appreciation of City Council's support re applyingfor the grant concerning "4 man staffing" onfire trucks. Tonight, June 28,2005, is the end of Mr. Bailey's tenure as President - Virginia Beach Professional Firefighters. A MOTION was made by Councilman Villanueva, seconded by Vice Mayor Jones, to DEFER until the City Council Session of July 5,2005, Ordinance upon application of TOWN CENTER ASSOCIATES, LLC for a Conditional Use Permit re multi-family dwellings. MOTION WAS WITHDRAWN. Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council ADOPTED Ordinance upon application of TOWN CENTER ASSOCIATES, LLC for a Conditional Use Permit re multi-family dwellings: ORDINANCE UPON APPLICATION OF TOWN CENTER ASSOCIATES, L.L.c. FOR A CONDITIONAL USE PERMIT FOR MULTI-FAMILY DWELLINGS R060531255 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Town Center Associates, L.L.c. for a Conditional Use Permit for multi-family dwellings on property bounded on the west by Independence Boulevard, on the north by Commerce Street, on the east by Market Street and on the south by Columbus Street (GPINs 14774455430000; 14774484440000; 14774475940000; 14774464930000; 14774485940000). DISTRICT 5 -LYNNHAVEN The following conditions shall be required: ], The Conditional Use Permit is limited to a maximum of 120 multi- family dwelling units, 2. The exterior of the building shall substantially adhere to the submitted renderings titled "Virginia Beach Town Center Luxury Hotel & Residences ", prepared by Brennan Beer Gorman Architects, dated 3/28/05, Said renderings are on file with the City of Virginia Beach Planning Department. 3. All mechanical equipment, including generators, shall be screened from the public rights-ofway. The screening shall include solid walls that complement the structure, June 28,2005 - 44- Item V-K.J. PLANNING ITEM # 54101 (Continued) This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-eighth of June, Two Thousand Five Voting: 8-2 (By Consent) Council Members Voting Aye: Harry E, Diezel, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Robert M, Dyer and Reba S. McClanan Council Members Absent: Richard A. Maddox June 28,2005 - 45 - Item V-K.2. PLANNING ITEM # 54102 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED an Ordinance upon application of MESSIAH LUTHERAN CHURCH for a Conditional Use Permit re placement of a two room modular office trailer: ORDINANCE UPON APPLICATION OF MESSIAH LUTHERAN CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH (EXPANSION) R060531256 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Messiah Lutheran Church for a Conditional Use Permit for a church (expansion) on property located at 1486 Holland Road (GPIN 14860641960000), DISTRICT 3 -ROSE HALL The following conditions shall be required: 1, The Conditional Use Permit is for the addition of one modular trailer unit on the church site for a period of jive (5) years from the date of City Council approval. Continued use of the unit beyond that time shall require approval of a new Conditional Use Permit, 2. The modular trailer unit shall be installed at the location indicated on the submitted Physical Survey for Messiah Lutheran Church dated April 12, 1993 by Stephen I Boone & Associates, 3, The bottom of the modular trailer unit shall be screened by an opaque or semi-opaque apron, 4. High-security locks are to be provided for the doors of the modular trailer unit. 5, Landscape screening, consisting of either wax myrtles or ligustrums a minimum of three feet high and threefeet apart in a mulched bed, shall be provided along the front of the modular trailer unit. 6. A vehicle turn-around (either a hammerhead or cul-de-sac) shall be provided at the end of the drive aisle. A gravel surface capable of supporting 75,000 pounds, meeting the width and radius requirements, may be used as the paving surface. 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 Twenty-eighth of June, Two Thousand Five June 28, 2005 - 46- Item V-K.2. PLANNING ITEM # 54102 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox June 28, 2005 - 47- Item V-K.3. PLANNING ITEM # 54103 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED an Ordinance upon application of G and A PROPERTIES, LLC for a Conditional Use Permit re vehicle sales and rental (with REVISED Conditions): ORDINANCE UPON APPLICATION OF G AND A PROPERTIES, L.L. C. FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES AND RENTAL R060531257 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of G and A Properties, L.L. C. for a Conditional Use Permit for motor vehicle sales and rental on property located at 4933 and 4935 Virginia Beach Boulevard (GPINs 14771531100000; 14771521400000; 14771429990000), DISTRICT 2 - KEMPSVILLE The following conditions shall be required: 1. This Conditional Use Permit supersedes the Conditional Use Permit granted at 4935 Virginia Beach Boulevard on May 23, 1995, 2. The existing indoor car wash may remain. 3. The applicant shall submit a site plan to the Department of Planning/Development Services Center within ninety (90) days of approval of this use permit that addresses the following items: a. Removal of the two existing concrete pads within the Virginia Beach Boulevard right-of-way. b. Installation of standard street front landscaping within the 12- foot wide grassed area between the sidewalk and on-site pavement along the entire Virginia Beach Boulevard frontage. c. Identification of a customer/employee parking area with at least three spaces, one being a handicap accessible space. 4, The existing chain link fence and planting surrounding the rear of the site does not meet the requirement for auto storage areas or the required setbacks from Potomac Street. The applicant intends to apply to the Board of Zoning Appeals for a variance to these requirements, If the variance is denied, the applicant shall include on the site plan submitted to the Development Services Center a new fence and plantings that meet current zoning ordinance requirements. 5. There shall be no pennants, streamers, balloons, portable signs or banners displayed on the site or the vehicles. June 28, 2005 T - 48- Item V-K.3. PLANNING ITEM # 54103 (Continued) 6. Vehicles shall be parked in the designated areas and no vehicles shall be parked or displayed within 5 feet of or within any portion of the public right-ofway. No vehicles shall be displayed on ramps. Vehicles shall not be used as barriers to prevent ingress or egress of the site. Storage of vehicles awaiting sale shall not obstruct Fire Department access to the site. 7. On-site vehicle maintenance is permitted as an accessory use only for light mechanical work wholly within the building. Light mechanical work consists mainly of such things as fixingflat tires, replacing tires, windshield wipers, belts as needed. No outdoor storage of parts, tires or equipment is allowed 8. There shall be no neon signs or neon accents installed on the exterior of the building, the inside or outside of any window, and/or door, any light pole or any other portion of the site. 9. This conditional use permit is approved for three (3) years from the date of approval by City Council. 10. A yearly administrative review of this Conditional Use Permit shall be conducted to ensure continued compliance with the above conditions. 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 Twenty-eighth of June, Two Thousand Five Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox June 28,2005 Item V-K.4. PLANNING - 49- ITEM # 54104 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ALLOWED WITHDRA W AL of an Ordinance upon application of SHORE DRIVE A UTO SALES for a Conditional Use Permit re vehicle sales Voting: ORDINANCE UPON APPLICATION OF SHORE DRIVE AUTO SALES FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES Ordinance upon Application of Shore Drive Auto Sales for a Conditional Use Permit for motor vehicle sales on property located at 4510 Shore Drive (GPIN 14796745580000). DISTRICT 4 -BAYSIDE 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter W Schmidt, RonA. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox June 28,2005 - 50- ITEM # 54105 Mayor Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended,for the following purpose: PERSONNEL 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: Arts and Humanities Commission Beaches and Waterways Commission Health Services Advisory Board Open Space Advisory Committee Parks and Recreation Commission Shore Drive Advisory Committee Towing Advisory Board Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION (6:20 P.M.). Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Richard A, Maddox (Closed Session: 6:20 P.M. - 6:50 P.M), (Dinner: 6:25 P.M. - 6:40 P.M.) June 28, 2005 - 51 - CERTIFICATION OF CLOSED SESSION ITEM# 54106 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. (6:50 P.M.) 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: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Mayor MeyeraE. Oberndorf, Peter W. Schmidt, RonA. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox and Jim Reeve June 28, 2005 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 # 54105, page 50, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3711 (A) of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ~~~ uth Hodges Smith, MMC City Clerk June 28, 2005 - 52- Item V-L.1. APPOINTMENTS ITEM # 54107 BY CONSENSUS, City Council RESCHEDULED: ARTS and HUMANITIES COMMISSION BEACHES and WATERWAYS COMMISSION OPEN SPACE ADVISORY COMMITTEE TOWING ADVISORY BOARD June 28,2005 - 53- Item V-L.2. APPOINTMENTS ITEM # 54108 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Susan D. Hellstrom Leonard A. Troxell Unexpired Terms to 03/31/08 HEALTH SERVICES ADVISORY BOARD Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Peter W. Schmidt, RonA. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox and Jim Reeve June 28,2005 - 54- Item V-L.3. APPOINTMENTS ITEM # 54109 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Nichole Ehlers Rising Junior Student 2 Year Term 07/01/05 - 08/31/07 PARKS and RECREA TION COMMISSION Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Peter W. Schmidt, RonA, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox and Jim Reeve June 28, 2005 1 - 55 - Item V-LA. APPOINTMENTS ITEM # 54110 ! I Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Judith K. Connors 3 Year Term 07/01/05 - 06/30/08 SHORE DRIVE ADVISORY COMMITTEE Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor MeyeraE, Oberndorf, Peter W Schmidt, RonA. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox and Jim Reeve June 28,2005 - 56- Item V-N.1. NEW BUSINESS ITEM # 54111 BY CONSENSUS, City Clerk to Record: ABSTRACT OF VOTES - PRIMARY ELECTION - June 14,2005 ~- June 28,2005 ABSTRACT OF VOTES cast in the CITY OF VIRGINIA BEACH at the June 14, 2005 Republican Primary Election for: , Virginia, GOVERNOR TOTAL VOTES RECEIVED NAMES OF CANDIDA TES AS SHOWN ON BALLOT (IN FIGURES) GEORGE B. FITCH. . . . . . . . . . . '; . . . . . . . . . . . . _ . . . : . . . . . . . 2,865 JERRY W. KILGORE. . . . . .. ... . .. .. . . . .. . . . . . . . . .. .. ~. 11 ,480 Total Number Of Overvotes For Office. . . . . . . . . . . . .. . . . . . 4 We, the undersigned Electoral Board, upon examination ot'the official reco;ds deposited with the Clerk of the Circuit Court of the election held on June 14, 2005, do hereby certify that the above is a true and correct Abstract of Votes cast at said Republican Primary ~/ection for the above office, Given under our hands this 15 th day of June, 2005. Electoral Board Seal ~ " " \ \ I / , Chairman A copy teste: / / ./.1" ._~/.... ,~J. ?rJ~' ,Secretary ~~ ---.:;.I' . ~~ Secretary, Electoral Board ABSTRACT OF VOTES cast in the CITY OF VIRGINIA BEACH at the June 14, 2005 Republican Primary Election for: , Virginia, LIEUTENANT GOVERNOR TOTAL Vons RECEIVED NAMES OF CANDIDA ns AS SHOWN ON BALLOT (IN FIGURES} SEAN T. CONNAUGHTON. . . . . . . . . . . . . . . . . . . . . '. . . . . . . . 6,713 WILLIAM T. N.BILL n BOLLING. . . .. . . . . . . . . . . . . . . . . . . . ., . 7,404 Total Number Of Overvotes For Office. . . . . . . . . . . . . . . . . . . 7 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on June 14, 2005, do hereby certify that the above is a true and correct Abstract of Votes cast at said Republican Primary Election. for the above office. Given under our hands this 15 th day of June, 2005. Electoral Board Seal ''\ \ \ I I ) ~/ , Chairman A copy teste: , Vice Chairman .,/~ 3/, ~.~~ ,Secretary. ~~~ .~ . ~~~ Secretary, Electoral Board ABSTRACT OF VOTES cast in the CITY OF VIRGINIA BEACH at the June 14, 2005 Democratic Primary Election for: , Virginia, LIEUTENANT GOVERNOR TOTAL VOlES RECENED NAMES OF CANDIDA TES AS SHOWN ON BAllOT (IN FIGURES) LESLIE L. BYRNE. . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . . 949 J. C. "CHAp. PETERSEN . . . . . . ;.. .. . . . .. . . . . . .. ...... 853 PHILLIP P. PUCKETT. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . 714 VIOLA OSBORNE BASKERVILLE. . . . . . . . . . . . . . . . . . . . . . . 489 Total Number Of Overvotes For Office: . . . . . . .. .. . . . . . . .. 5 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on June 14, 2005, do hereby certify that the above is a true and correct Abstract of Votes cast at said Democratic Primary Election for the above office. Given under our hands this 15 th day of June, 2005. ~. ( Electoral \ ~Board ) Seal ~ . Chairman A copy teste: . Vice Chairman ~ :1. 71-;.---1 ~ - . Secretary ~~~ ~. ~ r--L..L.-i ' Secreta"!, Electoral Board ABSTRACT OF VOTES cast in the CITY OF VIRGINIA BEACH at the June 14, 2005 Republican Primary Election for: , Virginia, ATTORNEY GENERAL TOTAL Von:s RECEIVED NAMES OF CANOIDATES AS SHOWN ON BALLOT (IN FIGURES} ROBERT F. "BOB" McDONNELL. . . . . . . ., . . . . . . . . . . . . . .. 12,449 STEPHEN E. BARIL. . . . . . . '. . .. . . . . . . . . . . . . . . . . . . . . . . . 1.958 Total Number Of Overvotes For Office. . . . . . . . . . . . . . . . . . 2 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on June 14, 2005, do hereby certify that the above is a true and C.orrect Abstract of Votes cast at said Republican Primary Election for the above office. Given under our hands this 15 th day of June, 2005. \ \ \ ) -------~/ Electoral Board Seal l, , Chairman A copy teste: , Vice Chairman ~ .::::) - ~.~ ~ . ,Secretary L~ -~ - Y-.,I~ -c..~ J- Secretary, Electoral Board ABSTRACT OF VOTES cast in the CITY OF VIRGINIA BEACH at the June 14, 2005 Republican Primary Election, for: , Virginia, MEMBER. HOUSE OF DELEGATES 82nd ENTER DISTRICT NUMBER NAMES OF CANDIDATES AS SHOWN ON BALLOT TOTAL VOn'S RECEIVED (IN FIGURES) Harry R. "Bob" Purkey Peter W. Schmidt 2,980 1.739 Total Number Of Overvotes For Office. . . . . . . . . . . .. .. o We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on June 14, 2005, do hereby certify that the above is a true and correct Abstract of Votes cast at said Republican Party Primary Election for the office indicated above. Given under our hands this 15th day of June, 2005. //--~, \ ) / ~/ Electoral BOliTd Seal . Chairman A copy teste: . Vice Chairman / ~.:::J, nr<-Ld... U " , Secreta", ,. ( 4~' ;j,' "1.....t.L - · =j Secretary, Electoral Board (/ / ABSTRACT OF VOTES cast in the CITY OF VIRGINIA BEACH at the June 14, 2005 Republican Primary Election, for: , Virginia, MEMBER. HOUSE OF DELEGA lES 83rd ENTER DISTRICT NUMBER NAMES OF CANDIDA TES AS SHOWN ON BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Leo C. Wardrup. Jr. . Delceno C. Miles . . . . . . . . . . . . . . 2,210 779 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Total Number Of Overvotes For Office. . . . . . . . . . . .'. .. 1 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election he/don June 14, 2005, do hereby certify that the above is a true and correct Abstract of Votes cast at said Republican Party Primary Election for the office indicated above. Given under our hands this 15 th day of June, 2005. ~ 0{ .-/~ y ~J~~"'-1 -1. ~~~J' , Chairman A copy teste: ~) . Board Seal / / / ~/ ,Vice Chairman , Secretary Secretary, Electoral Board ABSTRACT OF VOTES cast in the CITY OF VIRGINIA BEACH , Virginia, at the June 14, 2005 Democratic Primary Election, for: MEMBER HOUSE OF DELEGATES 90th ENTER DISTRICT NUMBER NAMES OF CANDIDATES AS SHOWN ON BALLOT TOTAL VOTES RECENED (IN FIGURES) Algie T. Howell, Jr. Keela A. Boose 66 30 Total Number Of Overvotes For Office. . . . . . . , . . . . . . . 1 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on June 14, 2005, do hereby certify that the above is a true and correct Abstract of Votes cast at said Democratic Party Primary Election for the office indicated above. Given under our hands this 15 th day of June, 2005. ~-~ ' Chairman (Electoral \ Board I ' Vice Chairman \ . Sea! ) ~/ .~~S ~.~. ,Secretary ./~L; ~'. ~~ ~~ Secretary, Electoral Board A copy teste: - 57- Item V-O. ADJOURNMENT ITEM # 54112 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:52 P.M. QJ~___&~L~ Beverly e Hooks, CMC Chief Deputy City Clerk uth Hodges Smith, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia June 28,2005