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Home My WebLink AboutSEPTEMBER 27, 2005 MINUTES . CITY OF VIRGINIA BEACH COMMUNITY FOR A LIFETIME CITY COUNCIL MAYORMEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIEZEL Kempsville - District 2 ROBERT M DYER, Centerville - District 1 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. ULLEY CITY CLERK - RUTH HODGES SMITH, MMC 27 September 2005 I. CITY MANAGER'S BRIEFINGS - Conference Room - A. FUNDBALANCESTATUS Catheryn Whitesell-Director, Department of Management Services B. TAXI CAB RATE INCREASE Catheryn Whitesell-Director, Department of Management Services II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDiNG 2401 COURTHOUSE DRiVE ViRGiNIA BEACH. VIRGINIA 23456-8005 PHONE:(757) 427-4303 FAX (757) 426-5669 E-MAIL: Ctycncl@vbgov.com 2:00 PM 3:OOPJVt V. FORMAL SESSION - Council Chamber - 6:00PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Father J. Morton Biber Saint John The Apostle Catholic Church C. PLEDGE OF ALLEGIANCE TO THE FLAGOF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS September 13,2005 G. AGENDA FOR FORMAL SESSION H. PUBLIC COMMENT 1. 2006 COMMUNITY LEGISLATIVE AGENDA I. PUBLIC HEARINGS 1. TOWN CENTER Special District Boundaries 2. TAXI RATE Increase Proposed Code Change 3. Agricultural Development Rights (ARP) Acquisition J. CONSENT AGENDA K. RESOLUTIONS/ORDINANCES 1. Resolution to CONSENT to the assignment of its rights and obligations under Joint Use Agreement by Virginia Beach Mariners, Inc. for the Sportsplex to Virginia Beach Soccer, LLC. 2. Resolution DIRECTING the Planning Commission to study and propose amendments to the City's "development" ordinances re production of workforce and affordable housing. - 3. Resolution to REQUEST the Circuit Court to order a voter initiated Referendum Election on December 20,2005, to determine the need for a Redevelopment and Housing Authority. 4. Ordinance to AMEND Ordinance No. 2699B creating the Town Center Special Service District by modifying the boundaries. 5. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement and the issuance of its contract obligations in the maximum principal amount of $167.048, property of Joe M. Pecsek. 6. Ordinance to AUTHORIZE a temporary encroachment into a portion of City property, known as Beaufort and Ocean View Avenues, north of 4840 Bay Bridge Lane by MARK S. DUNLEAVY. 7. Ordinance to ACCEPT and APPROPRIATE $60,810 from the U.S. Department ofJustice to the Police Department's FY 2005-2006 Operating Budget re bulletproof vests. 8. Ordinance to ACCEPT $58,497 from the Virginia Department of Environmental Quality and APPROPRIATE $18,497 to the Parks and Recreation Department's by 2005-2006 operating budget re enhancement to the Clean Community Program. L. PLANNING 1. Application of VILLAGE CHURCH for the Modification of Conditions on a Conditional Use Permit (approved by City Council on September 23,2003) to incorporate additional acreage at 4013 Indian River Road. (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: APPROVAL 2. Application of HAYGOOD SKATING CENTER, INC. for the Modification of Conditions on a Conditional Use Permit (approved by City Council on May 25, 1999), to allow the addition of Bingo as a permitted use at 1036 Ferry Plantation Road. (DISTRICT 4- BA YSIDE) RECOMMENDATION: APPROVAL 3. Application of 656 ASSOCIATES, L.L.C. for the discontinuance, closure and abandonment of an unnamed, unimproved alley north of Aqua Lane between Lots 7 and 19, Block 20, Croatan Beach. (DISTRICT 6 - BEACH) RECOMMENDATION: APPROVAL 4. Application of ELITE CUSTOM WHEELS for a Conditional Use Permit for an automobile repair garage at 4801-A Virginia Beach Boulevard. (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION: APPROV AL 5. Application ofBAILLIO SAND COMPANY, INC. for a Conditional Use Permit for a borrow pit on the west side of Princess Anne Lane, at its intersection with Princess Anne Road. (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: APPROVAL 6. Application of SAL TW A TER, L.L.c. for a Change of Zoning District Classification from 0- 2 Office District to Conditional 0-1 Office District to develop the site with office buildings at 1200 Communications Circle. (DISTRICT 4 - BA YSIDE) RECOMMENDATION: APPROVAL 7. Applications of the CITY OF VIRGINIA BEACH for the discontinuance, closure and abandonment of portions of: a. Jefferson Avenue b. Monroe Avenue north of Virginia Beach Boulevard c. Monroe Avenue south of 19th Street d. Parks Avenue e. Washington Avenue north of 19th Street f. Washington Avenue south of 19th Street g. Norfolk Place h. Alley east of Parks Avenue i. Alley west of Parks Avenue (DISTRICT 6 - BEACH) DEFERRED STAFF RECOMMENDATION: August 23,2005 Indefinite Deferral M. APPOINTMENTS CITIZEN'S COMMITTEE re BRAC EASTERN VIRGINIA HEALTH SYSTEMS AGENCY HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA P ARKS and RECREATION COMMISSION PERSONNEL BOARD (Alternates) PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE (COG) N. UNFINISHED BUSINESS O. NEW BUSINESS P. 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 at 1-800-828-1120 ********** Agenda 9/22/05 sib www.vbgov.com MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 27 September 2005 Mayor Meyera E. Oberndorf called to order the CITY COUNCIL BRIEFING re the FUND BALANCE STATUS in the Council Conference Room, City Hall, on Tuesday, September 27,2005, at 2:00 P.M, Council Members Present: Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Rosemary Wilson and James 1. Wood Council Members Absent: Harry E. DiezeZ [Entered: 3:05 P.M.] Richard A. Maddox [Entered: 2:30 PM.] Ron A. Villanueva [Ill with Bronchitis, entered: Formal Session 6:00 PM.] - 2 - CITY MANA GER 'S BRIEFING FUND BALANCE STATUS 2:00 P.M. ITEM # 54397 Patricia Phillips, Director of Finance, detailed information relative the status of the Fund Balance. General Fund - Summary of Results Fiscal Year 2005 Unaudited (in MILLIONS) Budget Actual Amount % Revenues $ 820.4 $ 845.3 $ 24,9 3 Expenditures 861.0 830,0 (31,0) 3.6 Excess (40,6) 15.3 55.9 Fund Balance: July 1,2004 123,3 123.3 June 30, 2005 82.7 $ 138.6 Less: Reservations 42.1 Undesignated Fund Balance $ 96.5 June 30, 2005 *Balance as % of 2006 11.2% Revenues *City Council established a policy to maintain the Fund Balance between eight (8%) percent and twelve (I 2%) percent, The Bond rating agencies stress the importance of the Fund Balance. This Fund Balance also is a valuable asset in emergencies i,e. Hurricanes, BRAe. The City's Fund Balance has enabled Virginia Beach to maintain an AA + Credit Rating. Mrs. Phillips cited the Chart reflecting the General Fund Statement of Revenues, Expenditures and Changes in Fund Balances for the Year Ended June 30, 2005 (Unaudited). This chart indicates the composition of the Reservations in the amount of$42.1-MILLION RESERVATIONS Outstanding Encumbrances and Carry forwards $ 5,601,285 Loans and Advances 7,052,123 Mental Health 4,681,633 Operating Budget - 2005-2006 400,269 City Capital Improvement Program - 2005-206 4,829,031 BRAC Reservation 2,300,000 School Reversion and Revenue Sharing Policy 17,225,004 TOTAL RESERVATIONS $ 42,089,345 September 27, 2005 - 3 - C IT Y MANA G E R 'S B R IE FIN G FUND BALANCE STATUS ITEM # 54397 (Continued) Mrs. Phillips advised the amount "over budget" FOR the six (6) major revenues which comprise the surplus fund at $24.9-MILLION: Real Estate Taxes Personal Property General Sales Tax Business License Deed Taxes Meal Tax $1.3-MILLION $4.5-MILLION $4 -MILLION $2.5-MILLION $6 -MILLION $3.5-MILLION General Fund Summary of Expenses June 30, 2005 (in MILLIONS) Budget Actual Variance City Expenses $ 567.0 $ 545.0 $22.0 Schools (City Funding) 294.0 285.0 9,0 Total Expenses $ 861.0 $ 830,0 $31.0 Relative the variance in City Expenses: of $22-MILLION, primarily two (2) departments, Police and Human Services, accounted for approximately $5-MILLION The vast majority of the remainder is savings on debt service. A Water and Sewer Revenue Bond Sale resulted in savings between $3 to $4-MILLION on debt service. This will relieve pressure on future rate increases, Over $17-MILLION is being returned to the Virginia Beach Schools between Reversion and Revenue Sharing. Catheryn Whitesell, Director - Management Services, advised the staff is presently conducting projections for the next Biennial Budget and the "cigarette tax" revenues are at a fairly "flat" level, slightly declining over time as the "anti-smoking campaigns" are more successful. Patricia Phillips, advised in Fiscal Year 2005, the "cigarette tax" revenues were budgeted at $12-MILLION, with $11. 7-MILLION collected. Mayor Oberndorf advised being briefed during the United States Conference of Mayors relative the catastrophic effects of Hurricane Katrina. New Orleans had already expended all of their Undesignated Fund Balance in the first week and a half. Funds were not available to pay their Police Officers, Firefighters and Emergency Medical Services. Because of the slow response to aid by the Federal Government, the Mayors will make alliances with other cities immediately adjacent, to enable immediate response to a catastrophic event. Mrs. Phillips advised the rating agencies are in the process of evaluating these communities affected by Hurricane Katrina and have placed these communities on "credit watch". Mrs, Phillips referenced the Base Realignment and Closure Commission (BRA C) process has been noted by the rating agencies, but no reaction has been forthcoming. September 27, 2005 -4- C IT Y MANA G E R 'S B R IE FIN G FUND BALANCE STATUS ITEM # 54397 (Continued) Council Members Wilson and Wood expressed concern relative sufficient funding for the Economic Development Incentive Program (EDIP). The City is consistently outbid by other cities and States. Relative investments, Mrs. Phillips advised the City's cash is managed by the City Treasurer. The funds are placed primarily in maturities of a short term nature to meet the cash flow needs of the City. The Treasurer manages the funds so cash is available "to pay as needed". The City Manager advised State law prescribes a very narrow window of investment choices and the City Treasurer chooses from these. Mrs. Whitesell referenced the potential uses of the FY 2005 Fund Balance. The current policy is to maintain the Undesignated General Fund Balance at between eight (8%) percent and twelve (I 2%) percent of next year's (2006) estimated revenues, with a target level of ten (10%) percent. The current FY 2005 Un des ign ated Fund Balance is at 11.2% of FY 2006 Revenues or $96. 5-MILLION At the ten (I 0%) percent level there would be $10.4-MILLION available for appropriation. PROCESS Determine list of potential items to be funded Meet with Mayor and Vice Mayor to determine preliminary priorities to recommend to City Council Finalize list with City Council on October 4, 2005 Public Hearing - October 25, 2005 City Council consideration of appropriation Ordinance on November 1,2005 Potential Fund Balance Uses Description Estimated Cost Replenish the funding in the Site Acquisition Project. (The initial funding was used to acquire the $ 5,000,000 Laskin Road property (The Seasons at Birdneck Point, L.L. C. (Near Post) in corijunction with BRAe) Convert property sketches in Real Estate Assessor's Office to a format usable with the new Real $ 385,000 Estate Computer System (RA CS) Additional funding for road maintenance program $ 3,700,000 Police Helicopter and Hanger ($1-MILLION in DEAfunding is needed in addition to the $1.9- $ 1,900,000 MILLION) Additional purchase of property $ 19,000,000 Oceana - Initial funding for voluntary land acquisition Ooint participation between state and city, $ 15,000,000 costs could be between $7.5 and $1 5-MILLION a year, Playground equipment replacement based on regulatory mandate $ 2,500,000 Law Enforcement Training Academy parking lot improvements $ 92,200 Renovation/Replacement of Red Wing Club House $ 1,550,000 Buy down older Lease/purchase Agreements. This would help lower debt indicators $ 10,000,000 Engineering and design for a 3,600 feet of road in Avalon Woods (the total cost of this project is $ 150,000 roughly $1,000,000. There is a possibility of having citizen participation in this project in terms of site acquisition and other costs) September 27, 2005 - 5 - CITY MANA GER 'S BRIEFING FUND BALANCE STATUS ITEM # 54397 (Continued) The lists of Potential Fund Balance Uses totals: $59,277,200. $10.4-MILLION is available for appropriation, The City Manager advised copies of the list of Capital Improvement Projects "Requested But Not Funded" in the FY 2005-2006/201 0-2011 Capital Improvement Program will be provided to City Council. Councilman Wood advised during the BienniaI2005-2006/FY 2006-07 Operating Budget and FY 2005- 2006/2010-2011 Capital Improvement Program, a commitment was made to replace the Police Helicopter. The Police Department returned $2.9-MILLION in unspentfunding. DEAfunding has been set aside. Mayor Oberndorfreferenced the Virginia Aquarium and Marine Science Center and purchase of the land for the Stranding Center. The Foundation has identified a parcel and which will be finalized during their meeting Wednesday, September 28, 2005, for their recommendation to City Council Mrs, Whitesell advised an Amendment to the FY 2005-06 Capital Budget: Supplemental Appropriation of $10-MILLION in School Reversion Funds to School Capital projects (at the request of the School Board), is scheduled for the City Council Session o.fOctober 11,2005. September 27, 2005 - 6- CITY MANA GER 'S BRIEFING TAXI CAB RATE INCREASE 2:40 P.M. ITEM # 54398 Catheryn Whitesell, Director - Department of Management Services, advised re the Summary of Rate Proposals. Staff determined two (2) issues are driving rate increases: insurance and fuel. To address the increased cost of insurance, a 1 O~ increase in the drop fee is recommended. If the average number of trips is fifteen (15) per cab, this increase would generate an additional $300 per cab, per year. A 2~ increase was recommended in the "Per 1/8th of a Mile" charge, but no increase in the "Per Minute Charge". The 2t would generate an additional $16.00 per day, per cab. In addition, because of the effects of Katrina and Rita, staff recommended a sixty-day (60) surcharge of 2t on the "1/8th of a Mile" charge to offset the sudden spike in fuel prices. Summary of Rate Proposals Current Rates Taxi Companies City Recommendation Proposal Meter Drop Fee $ 1.75 $ 2,00 $1.85 (1SI 1/8th of a Mile) Per 118th of a Mile $ ,23 $ ,25 $ .25 Per Minute Charge $,23 $ .25 $ .23 Temporary Fuel 0 0 $ .02 Surcharge Every time the meter rates are changed, the Police Department must re-certify all the taxi cab meters. PROCESS Public Hearing on Tax Rates September 27,2005 City Council vote on proposed rates October 4, 2005 Review in sixty (60) days of temporary surcharge No less than an annual review of taxi cab rates. Relative towing rate increases, Mrs, Whitesell advised the Towing Advisory Board is requesting an increase from $85 to $125 per tow. If a similar proposal to the taxi cab increase is determined, the rate would increase to $90 per tow with a $7.00 per tow surcharge for the next sixty (60) days to cover increased fuel costs. This has not been discussed with the Towing Advisory Board. An administrative fee of$1.25 was also requested to be applied to each tow, in order to fund a part time City position to assist in signage issues and towing complaints. Councilman Maddox advised the City of Norfolk has raised the towing rate to $110. The City of Virginia Beach is the largest customer of the towing industry, September 27, 2005 - 7 - C IT Y MANA G E R 'S B R IE FIN G TAXI CAB RATE INCREASE ITEM # 54398 (Continued) Barry Shockley, Management Services, advised the tow operator when towing a vehicle, must contact the 911 Center. The tow is logged and the Tow Company identified. Therefore, the individual whose vehicle was towed can contact the police to determine the location ofhis/her vehicle, If the individual is in a private lot, a sign will identifY the towing company involved. The Towing Advisory Board shall provide suggestions and recommendations to City Council within forty-five (45) days. September 27, 2005 - 8- AGE N DA REV IE W S E S S ION 2: 59 P.M. ITEM # 54399 K3. Resolution to REQUEST the Circuit Court to order a voter initiated Referendum Election on December 20, 2005, to determine the need for a Redevelopment and Housing Authority. Councilman Reeve referenced the Public Voices on Redevelopment Leadership Team and inquired relative information being provided to the City Council by this Team, The City Manager advised a progress report has been provided to City Council. A series of public forums will be conducted with a summit in January and a final report provided by June 2006. The Team is discussing the process of redevelopment over time and has identified four or five different scenarios, one of which is a Redevelopment Authority. However, there are other ideas being reviewed, The large group meets once a week with the Leadership Team meeting weekly, A copy of the members comprising this Team shall be provided, The City Attorney advised the Statute is worded awkwardly. The Virginia Code requires the governing body call a referendum election upon the filing of a petition signed by a least one hundred (I 00) property owners within the City. In as much as the Petition has been determined to be valid, the City Council must request the Circuit Court to order the Referendum Election, The City Council can delay calling the Referendum Election for a reasonable period of time, but good reasons must be provided for delaying and might be subject to challenge, ifextended beyond what persons in the general community considered a reasonable period of time. Concern was expressed relative expending $100,000 for a special election. This item shall be discussed during the Formal Session. ITEM # 54400 BY CONSENSUS, the following shall compose the CONSENT AGENDA: RESOLUTIONS/ORDINANCES K1. Resolution to CONSENT to the assignment of its rights and obligations under Joint Use Agreement by Virginia Beach Mariners, Inc. for the Sportsplex to Virginia Beach Soccer, LLC. K2. Resolution DIRECTING the Planning Commission to study and propose amendments to the City's "development" ordinances re production of workforce and affordable housing. K 4. Ordinance to AMEND Ordinance No, 2699B creating the Town Center Special Service District by modifying the boundaries. September 27, 2005 - 9- AGE N DA REV I E W S E S S ION ITEM # 54400 (Continued) K,5. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement and the issuance of its contract obligations in the maximum principal amount of$167.048, property of JoeM Pecsek. K, 6. Ordinance to A UTHORIZE a temporary encroachment into a portion of City property, known as Beaufort and Ocean View Avenues, north of 4840 Bay Bridge Lane by MARK S. DUNLEA VI'. K,7. Ordinance to ACCEPT and APPROPRIATE $60,810 from the u.s. Department of Justice to the Police Department's FY 2005-2006 Operating Budget re bulletproof vests. K,8, Ordinance to ACCEPT $58,497 from the Virginia Department of Environmental Quality and APPROPRIATE $18,497 to the Parks and Recreation Department's by 2005-2006 operating budget re enhancement to the Clean Community Program. Council Lady McClanan shall vote a VERBAL NAY on Items K,2" K,4 and K,5. September 27, 2005 - 10- AGE N DA REV I E W S E S S ION ITEM # 54401 L.2. Application of HA YGOOD SKATING CENTER, INC for the Modification of Conditions on a Conditional Use Permit (approved by City Council on May 25, 1999), to allow the addition of Bingo as a permitted use at 1036 Ferry Plantation Road. (DISTRICT 4 - BAYSIDE) Vice Mayor Jones wished this Conditional Use Permit be reviewed by City Staff after a period of one (1) year as he is concerned relative smoking and sufficient parking issues, This item shall be discussed during the Formal Session, ITEM # 54402 L.5, Application ofBAILLIO SAND COMPANY, INCfor a Conditional Use Permit for a borrow pit on the west side of Princess Anne Lane, at its intersection with Princess Anne Road. (DISTRICT 7 - PRINCESS ANNE) Councilman Reeve wished this item discussed during Formal Session. ITEM # 54403 BY CONSENSUS, thefollowing shall compose the PLANNING BY CONSENT AGENDA: L.1, Application of VILLA GE CHURCHfor the Modification of Conditions on a Conditional Use Permit (approved by City Council on September 23, 2003) to incorporate additional acreage at 4013 Indian River Road. (DISTRICT 7 - PRINCESS ANNE) L.3. Application of 656 ASSOCIATES, L.L.C for the discontinuance, closure and abandonment of an unnamed, unimproved alley north of Aqua Lane between Lots 7 and 19, Block 20, Croatan Beach. (DISTRICT 6 - BEACH) L.4. Application of ELITE CUSTOM WHEELS for a Conditional Use Permit for an automobile repair garage at 4801-A Virginia Beach Boulevard. (DISTRICT 2 - KEMPSVILLE) L.6. Application of SALTWATER, L.L.C for a Change of Zoning District Classification from 0-2 Office District to Conditional 0-1 Office District to develop the site with office buildings at 1200 Communications Circle, (DISTRICT 4 - BAYSIDE) September 27, 2005 - 11 - AGENDA RE VIE W SESSION ITEM # 54403 (Continued) L. 7, Applications of the CITY OF VIRGINIA BEACHfor the discontinuance, closure and abandonment of portions of a. Jefferson Avenue b. Monroe Avenue north of Virginia Beach Boulevard c. Monroe Avenue south of 1 C/h Street d. Parks Avenue e, Washington Avenue north of 19th Street f Washington Avenue south of 19th Street g. Norfolk Place h. Alley east of Parks Avenue i. Alley west of Parks Avenue (DISTRICT 6 - BEACH) Item L. 7 shall be DEFERRED INDEFINITELY, BY CONSENT. September 27, 2005 - 12- CITY COUNCIL COMMENTS 3:20P.M. ITEM # 54404 Councilman Reeve inquired re the City's Disaster Plan, whether natural or manmade, and the communication line between State and Federal disaster relief officials. The City Manager shall provide a Briefing re the City's Emergency Management Plan and the various components, The City has only been tested in terms of the Category I Hurricane Isabel. Obviously, the Plan anticipates going beyond this category. Evacuation shall also be included within the discussion. Mayor Oberndorf wished this Briefing be in a public forum. The satellite telephones were the only ones operable during Hurricane Katrina in New Orleans. Some of the cities were unable to afford these. Mayor Oberndorf advised the volunteer ham radio operators annually perform an exercise in the event of a catastrophic storm, Councilman Diezel advised a recently retired Fire Officer was called backfor management control in New Orleans. He has a series of slides which would be appropriate for this Briefing. A Virginia Tech Study re evacuation states clearly the City cannot be evacuated in forty-eight (48) hours. This area is a "cul-du-sac" surrounded by water. Councilman Diezel suggested the evacuation procedures always include the family pets. Councilman Dyer advised writing a letter of support to the Federal Communications Commission re an application for a license for a dual use cell phone and satellite. Councilman Dyer will submit the correspondence. Two (2) years ago, Councilman Dyer served on the Regent University Campus Disaster Control Team. The Consortium of Colleges was briefed relative a ninety-six (96)-hour evacuation for this area. The City Manager referenced the importance of the Southeastern Parkway and Greenbelt and Route 460 in providing another method of evacuation, ITEM # 54405 Mayor Oberndorf referenced a request Friday, September 23, 2005, by Senator John Warner to tour the area where homes and businesses are located in the Accident Potential Zone (APZ) 1. Mayor Oberndorf accompanied by the City Manager and City Attorney waited to meet the Senator at the Atlas Diner (which was closed) at 1:30 P.M., Saturday. A member of the press came while Mayor Oberndorfwas awaiting the Senator. Senator Warner, was accompanied by his Aide - Cort Sterling, and Chief of Staff - Susan Magill, Congresswoman Thelma Drake and Delegate Terrie Suit, The Navy provided a Morale and Welfare Bus. NAS Ocean a incoming Commander - Captain Patrick J. Large and Admiral Anderson accompanied the delegation, The bus ride on the northern side of the field was approximately 45 minutes. Senator Warner made it clear the Congress would not amend or challenge the BRAC decisions. Delegate Suit advised a good friend ofhers (as well as Mayor Oberndorf and Council Lady McClanan), Irma Bell, her family had resided in the APZ 1 since 1906. Delegate Suit inquired if the Bell House (residence of the Commander of Oceana) is in the APZ 1, The City Attorney advised homes cannot be condemnedfrom the Federal Government. This is also a historical landmark. The City Manager advised information shall be provided relative the total acreage considered incompatible in the APZ1 (not military owned). Information shall also be provided relative the dates of construction of these subdivisions. Oceana Gardens was subdivided in 1906, September 27, 2005 I -13 - ITEM # 54406 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 amendedJor the following purpose: 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). BRAC Briefing PUBLIC CONTRACT: Discussion or consideration by a responsible public entity or an affected local jurisdiction, as those terms are defined in Section 56-557, of confidential proprietary records excluded from this chapter pursuant to Section 2.2-3705.6(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. Military Liaison Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council voted to proceed into CLOSED SESSION (3:38 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, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva [Ill with Bronchitis, entered Formal Session: 6:00 P.M.] (Closed Session: 3:38 P.M. - 5:35 P.M.) (Dinner: 5:35 P.M. - 5:55 P.M.) September 27, 2005 - 14- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL September 27,2005 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, September 27,2005, at 6:00 P.M Council Members Present: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Father J. Morton Biber Saint John The Apostle Catholic Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accountingfirm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters in which she might have an actual or potential conflict, If during her review she identifies any matters, she will prepare 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 Councilfor the purpose ofidentifYing any matters in which she might have an actual or potential conflict, If during her review she identifies any matters, she will prepare andfile the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes ths disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. September 27, 2005 -15 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 54407 Upon motion by Councilman Dyer, seconded by Councilman Wood, 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, RichardA. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Ron A. Villanueva Council Members Absent: None Councilman Villanueva ABSTAINED as he was not in attendance during the Closed Session, as he was at the Doctor and ill with Bronchitis. September 27, 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 # 54406, page 13, 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. ~~~- th Hodges mith, MMC City Clerk September 27,2005 - 16 - Item V-F.1. MINUTES ITEM #54408 Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of September 13, 2005 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 Abstaining: Richard A. Maddox Council Members Absent: None Councilman Maddox ABSTAINED as he was not in attendance during the City Council Session of September 13, 2005, due to illness (Bronchial infection) September 27, 2005 Item V-G. ADOPT A GENDA FOR FORMAL SESSION -17- ITEM #54409 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION September 27, 2005 - 18- Item V-H.J. PUBLIC COMMENT ITEM#544JO Mayor Oberndorf INVITED PUBLIC COMMENT: The following registered to speak: William Bailey, 4841 Rosecroft Street, Phone: 495-0637, represented the Virginia Beach Professional Firefighters, Mr. Bailey spoke in support of the additional retirement benefit for career EMS (Emergency Medical Service) personnel. There being no further speakers, Mayor Oberndorf CLOSED the PUBLIC COMMENT September 27, 2005 - 19- Item V-I.1. PUBLIC HEARING ITEM #54411 Mayor Oberndorf DECLARED A PUBLIC HEARING: TO WN CENTER Special District Boundaries There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING September 27, 2005 - 20- Item V-I. 2. PUBLIC HEARING ITEM #54412 Mayor Oberndorf DECLARED A PUBLIC HEARING: TAXI RATE Increase Proposed Code Changes The following registered to speak in SUPPORT: Richard Dozier, 1301 Kings Way Drive, Phone: 7177703, represented the A-I Cab, AA Beach Cab and Beach Taxi and requested this rate be reviewed again with adjustment in January, Don Wieland, Jr., 425 Burr Oak Court, Phone: 340-3442, driver for Yellow Cab Andrew Felix, 1541 Beachview Drive, Phone: 467-4752, represented Andy's Cab Company and requested permanent rate increase Stan Slone, 1661 Lola Drive, Phone: 681-7557, represented Beach and Yellow Cab Ricky Nickerson, 4613 Fern Oak Court Ed Modlin, 1122 Priddy Lane, Phone: 460-0811 There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. September 27, 2005 - 20a - Item V-I. 2. PUBLIC HEARING ITEM #54412a. Mayor Oberndorf DECLARED A PUBLIC HEARING: Agricultural Development Rights (ARP) Acquisition. There being no speakers, Mayor OberndorfCLOSED THE PUBLIC HEARING. September 27,2005 - 21 - Item V-K.I. RESOLUTIONS/ORDINANCES ITEM # 54413 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED IN ONE MOTION Items 1, 2, 4, 5,6,7 and 8 of the CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Council Lady McClanan voted a VERBAL NAY on Items 2 (worliforce housing), 4 (Town Center Boundaries), and 5 (ARP) September 27, 2005 - 22- Item V-K.1. RESOLUTIONS/ORDINANCES ITEM # 54414 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Resolution to CONSENT to the assignment of its rights and obligations under Joint Use Agreement by Virginia Beach Mariners, Inc. for the Sportsplex to Virginia Beach Soccer, LLC. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA. Maddox, Mayor MeyeraE, Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 27, 2005 1 A RESOLUTION TO CONSENT TO THE 2 ASSIGNMENT BY VIRGINIA BEACH 3 MARINERS, INC. OF ITS RIGHTS AND 4 OBLIGATIONS UNDER JOINT USE 5 AGREEMENT FOR THE SPORTSPLEX TO 6 VIRGINIA BEACH SOCCER, LLC 7 8 WHEREAS, the City of Virginia Beach Development Authority (the 9 "Authority"), and Hampton Roads Mariners, L.L.C. ("HRM") entered into a Joint Use 1 0 Agreement dated as of September 4, 2001 (the "Agreement"), providing for joint use of 11 the Virginia Beach Sportsp1ex (the "Sportsp1ex"); 12 WHEREAS, pursuant to an Assignment dated May 19, 2002, HRM assigned its 13 rights and obligations under the Agreement for the Sportsp1ex to Virginia Beach 14 Mariners, Inc., a Virginia corporation ("VBM"); 15 WHEREAS, on June 21,2005, VBM transferred the management and ownership 16 of the Virginia Beach Mariners, a United Soccer League First Division men's 17 professional soccer team which uses the Sportsp1ex for its home games, to Virginia 18 Beach Soccer, LLC ("VBS"), controlled by Jerry F. McDonnell and Michael C. McCann; 19 WHEREAS, following such transfer, VBS has been contracting with the 20 Authority for the use of the Sportsp1ex on a game-by-game basis; 21 WHEREAS, VBM and VBS have paid to the Authority all sums due under the 22 Agreement through the date hereof; 23 WHEREAS, VBM desires to assIgn its rights and obligations under the 24 Agreement for the Sportsp1ex to VBS; and 25 WHEREAS, the Agreement requires the consent of the Authority and the City to 26 any assignment. 27 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 28 OF VIRGINIA BEACH that the City desires to consent to the assignment by VBM to 29 VBS, subject to approval by the Virginia Beach Development Authority of the 30 assignment and subject to the City Attorney's receipt, review and approval of all 31 documents and information deemed necessary by the City Attorney for such assignment, 32 including, but not limited to: 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 A. Execution and delivery by Jerry F. McDonnell and Michael C. McCann of a Guaranty, in form and substance satisfactory to the City Attorney, guaranteeing the payment and performance of all obligations ofVBS under the Agreement. A. Delivery of a letter of credit, in form and substance satisfactory to the City Attorney, as security for the timely payment and performance of all obligations ofVBS under the Agreement. B. Delivery by VBS of a Certificate of Insurance satisfying the requirements of the Agreement. C. Execution and delivery by VBM and Michael L. Field, Jr. of a release and indemnity, in form and substance satisfactory to the City Attorney. D. Evidence satisfactory to the Authority of the assignment of the USL First Division (the "League") men's professional soccer franchise to VBS and approval thereof by the League. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 54 27Uday of September, 2005. 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 APPROVED AS TO LEGAL SUFFICIENCY: CA-9660 September 19,2005 F:\Data\A TY\OID\REAL EST A TE\Commercial Projects\Sportsp1ex\Sprt-Plx.CC Res.doc - 23- Item V-K.2. RESOLUTIONS/ORDINANCES ITEM # 54415 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Resolution DIRECTING the Planning Commission to study and propose amendments to the City's "development" ordinances re production of workforce a11d affordable housi11g. Voting: 10-1 (By C011se11t) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: None September 27, 2005 r- .. 1 A RESOLUTION REFERRING TO THE PLANNING 2 COMMISSION DIRECTIONS TO STUDY AND PROPOSE 3 AMENDMENTS TO THE CITY'S DEVELOPMENT 4 ORDINANCES THAT ENHANCE THE PRODUCTION OF 5 WORKFORCE AND AFFORDABLE HOUSING 6 7 WHEREAS, the public necessity, convenience, general welfare 8 and good zoning practice so require; and 9 WHEREAS, the Comprehensive Plan calls for housing that meets 10 the needs of citizens at all income levels; and 11 WHEREAS, the Comprehensive Plan further identifies areas of 12 the city where new housing and new types of housing should be 13 focused; and 14 WHEREAS, the City's Development Ordinances currently do not 15 contain criteria that specifically provide for the development of 16 workforce or affordable housing; and 17 WHEREAS, it is the desire of City Council to insure that the 18 City's Development Ordinances help achieve the goals of the 19 Comprehensive Plan in regard to workforce and affordable housing. 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 That the Planning Commission examine and study the City's 23 existing Development Ordinances and recommend amendment in regard 24 to the following: 25 Increasing the overall supply of workforce and affordable 26 housing by encouraging increased density and mixed-use 27 development in the Strategic Growth Areas not affected by the 28 AICUZ zones; , . 29 Increasing the production of housing affordable to the 30 workforce as part of new housing productions; 31 Helping to preserve the character and value of neighborhoods 32 and housing and assist in their preservation and enhancement. 33 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 34 BEACH, VIRGINIA: 35 That the Planning Commission be, and hereby is, directed to 36 transmit to the City Council its recommendations concerning the 37 aforesaid study for review in April 2006. 38 Adopted by the City Council of the City of Virginia Beach, 39 Virginia, on the 27th day of September, 2005. - 24- Item V-K.3. RESOLUTIONS/ORDINANCES ITEM # 54416 The following registered in SUPPORT: Sam Reid, 1533 Virginia Beach Boulevard, Phone; 432-5648 Joe Ferrara, 209 Cheltenham Drive, Phone: 572-9236, represented residents in the APZ1 at Cheltenham Square, Nottingham Estates and Gatewood Brian Kirwin, 304 Cripplecreek Court, Phone: 463-0399 Glen Davis, 2532 Springhaven Drive, Phone: 343-0387, preferred the Referendum be during the May election William Bailey, 4841 Rosecroft Street The following registered in OPPOSITION: David Gracie, 2532 South Adventure Trail, Phone: 486-8341 Bob Hedrick, Vice Chairman - Virginia Beach Taxpayers Alliance, 1132 Blackburn Lane, Phone: 460-0136, requested this Referendum Election be placed on the May 2006 Ballot Wally Erb, 150 Cayuga Road, Phone: 581-4287 John D, Moss, President - Virginia Beach Taxpayers Alliance, advised there is never a condition that would justify taking an individual's private property for economic purposes The City Manager advised there are 3,407 homes in the APZ1 (1,117 single family and the rest split between duplex, multi-family and mobile homes) Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council DEFERRED until the City Council Session of February 7, 2006: Resolution to REQUEST the Circuit Court to order a voter initiated Referendum Election on Dece11lbel 20, 200S, Mav 2. 2006 to determine the need for a Redevelopment and Housing Authority. Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, RichardA. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 27, 2005 - 25 - Item V-K.4. RESOLUTIONS/ORDINANCES ITEM # 54417 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to AMEND Ordinance No. 2699B creating the Town Center Special Service District by modifYing the boundaries. Voting: 10-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A, Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: None September 27, 2005 1 2 3 4 5 6 AN ORDINANCE AMENDING THE ORDINANCE CREATING THE TOWN CENTER SPECIAL SERVICE DISTRICT BY MODIFYING THE DISTRICT'S BOUNDARIES WHEREAS, by ordinance adopted May 14, 2002 (Ordinance 7 #2699B), the City Council of the City of Virginia Beach 8 established the Town Center Special Service District to provide 9 an enhanced level of City services and maintenance for public 10 infrastructure at the Town Center; and 11 WHEREAS, after conducting a public hearing, the City 12 Council has determined that it would be in the best interests of 13 the City and its citizens to expand the Town Center Special 14 Service District to provide additional, more complete and more 15 timely services to the public facilities and areas in the Town 16 Center, as described in the ordinance adopted on May 14, 2002. 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA: 19 That Ordinance #2699B, "An Ordinance Creating the Town 20 Center Special Service District, II is hereby amended to modify 21 the boundaries of the Town Center Special Service District, as 22 follows: 23 2. Boundaries of District. 24 (a) The District is bounded as follows: Beginning at the 25 southeast corner of the intersection of Virginia Beach Boulevard 26 and Market Street, moving south to the southeast corner of the 27 intersection of Potomac Street and Market Street, then moving 28 west along Potomac Street to the southeast corner of the 29 intersection of Independence Boulevard and Potomac Street, then 30 moving south along Independence Boulevard to the northeast 31 corner of the intersection of Independence Boulevard and 32 Southern Boulevard, then moving east along Southern Boulevard to 33 the northeast corner of the intersection of Southern Boulevard 34 and Market Street, then moving to the north along Market Street 35 to the northeast corner of the intersection of Columbus Street 36 and Market Street, then moving to the east along Columbus Street 37 to the northwest corner of the intersection of Columbus Street 38 and Consti tution Drive, then moving to the north along 39 Constitution Drive to the southwest corner of the intersection 40 of Constitution Drive and Virginia Beach Boulevard, then to the 41 west along Virginia Beach Boulevard to the point of beginning. 42 (b) Wi thin the boundaries described above, the following 43 area, which will not receive enhanced maintenance or services, 44 shall be excluded from the District: beginning at southwest 45 corner of the intersection of Potomac Street and Market Street, 46 then moving west along Potomac Street to the southeast corner of 47 the intersection of Potomac Street and Independence Boulevard, 48 then moving south along Independence Boulevard to the northeast 49 corner of the intersection of Independence Boulevard and 50 Columbus Street, then moving east along Columbus Street to the 51 southwest corner of the intersection of Columbus Street and ~ 52 Center Dri 7e Central Park Avenue, then moving north on !f-ewft 53 Center Dri7e Central Park Avenue to the southwest corner of the 54 intersection of To',m Center Dri 7e Central Park Avenue and Ma-Hr 55 Commerce Street, then moving west on Ma-Hr Commerce Street to the 56 southwest corner of the intersection of Ma4ft Commerce Street and 57 Centr.J.l P.J.rk 1'..venue Market Street, then Douth on Centr.J.l P.J.rk 58 l\.7enue to the northe.:l.Ot corner of the interDection of Centr.J.l 59 P.J.rk 1'..7enue .J.nd COffiffierce Street, then mO~vying \;eDt .J.long Commerce 60 Street to the Douth',:eDt corner of the interDection of Commerce 61 Street .J.nd H.J.rket Street, then north along Market Street to the 62 point of beginning. 63 (c) The particular boundaries of the District and the 64 excluded areas are set forth in detail in the attached map, 65 labeled as "Exhibit A," which shall control in the event of any 66 discrepancy between the map and the description in the preceding 67 paragraphs. 68 BE IT FURTHER ORDAINED: 69 That this ordinance shall be effective on October 1, 2005. 70 Adopted by the Council of the City of Virginia Beach, 71 Virginia on the 27th day of September , 2005. 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'-l ___00____00__0000_ , ----------,------- , ---- ._-~-------- ----------.-------- , __ ___ ___ __..L.. ___ ___, ___oo____+oouoo_ '" ..., ..., '" ~ S '" o o o o 3f1N3A V >nIVrl7nI.LNH:J ~ ..., ..., ~ 8 o g o :iIAnIG H3.LN:iI:J NMO.L ~ ..., ..., ~ '" ~ '" o 8 ---r-------~-- I ~ , '" I '" I I i I 1 ~.- ..., ..., '" '" ! ~ g o o ~ , --_.._-----~.._---._- , _ _ _ _ _ _ _ _._ ;;.. _L _ _:_ _ _ _ _ . - - -.. - - -:- - - -,.. - _:- - - - -- , , ' , ' L ' I ----------r-------. , ' r- --- ------ .,.-- --- --- , ' JI ~ c;'l S2 S;: t>o ~ g ~ ~ tr:I X ::r f-'- 0- f-'- rt L ~1 r~'~ l ~r~ i ~~.~. oa" f; ~!" ~ ~ ~+< r- - 26- Item V-K.5. RESOLUTIONS/ORDINANCES ITEM # 54418 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement and the issuance of its contract obligations in the maximum principal amount of $167.048, property of Joe M. Pecsek. Voting: 10-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: None September 27, 2005 1 2 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 3 AGRICULTURAL LAND PRESERVATION EASEMENT AND 4 THE ISSUANCE BY THE CITY OF ITS CONTRACT 5 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 6 $167,048 7 8 9 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 10 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 11 presented to the City Council a request for approval of an Installment Purchase Agreement 12 (the form and standard provisions of which have been previously approved by the City 13 Council, a summary of the material terms of which is hereto attached, and a true copy of 14 which is on file in the City Attorney's Office) for the acquisition of the Development Rights 15 (as defined in the Installment Purchase Agreement) on certain property located in the City 16 and more fully described in Exhibit B of the Installment Purchase Agreement for a 17 purchase price of $167,048; and 18 WHEREAS, the aforesaid Development Rights shall be acquired through the 19 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 20 compliance with, the requirements of the Ordinance; and 21 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 22 purchase as evidenced by the Installment Purchase Agreement; 23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 1. The City Council hereby determines and finds that the proposed terms and 26 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 27 Agreement, including the purchase price and manner of payment, are fair and reasonable 28 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 29 is hereby authorized to approve, upon or before the execution and delivery of the 30 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 31 balance of the purchase price set forth hereinabove as the greater of 4.00% per annum or 32 the per annum rate which is equal to the yield on United States Treasury STRIPS 33 purchased by the City to fund such unpaid principal balance; provided, however, that such 34 rate of interest shall not exceed 6.00% unless the approval of the City Council by resolution 35 duly adopted is first obtained. 36 2. The City Council hereby further determines that funding is available for the 37 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 38 the terms and conditions set forth therein. 39 3. The City Council hereby expressly approves the Installment Purchase 40 Agreement and, subject to the determination of the City Attorney that there are no defects 41 in title to the property or other restrictions or encumbrances thereon which may, in the 42 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 43 Manager or his designee to execute and deliver the Installment Purchase Agreement in 44 substantially the same form and substance as approved hereby with such minor 45 modifications, insertions, completions or omissions which do not materially alter the 46 purchase price or manner of payment, as the City Manager or his designee shall approve. 47 The City Council further directs the City Clerk to affix the seal of the City to, and attest 48 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 49 incurrence of the indebtedness represented by the issuance and delivery of the Installment 50 Purchase Agreement. 2 51 4. The City Council hereby elects to issue the indebtedness under the Charter 52 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 53 the indebtedness a contractual obligation bearing the full faith and credit of the City. 54 55 Adoption requires an affirmative vote of a majority of all members of the City 56 Council. 57 58 Adopted by the Council of the City of Virginia Beach, Virginia, on this 27thdayof 59 September, 2005. 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 CA-9693 H:IOIDlREAL ESTATEIARPlPecsek DF6043IARP approval ordin.doc R-1 September 16, 2005 APPROVED AS TO CONTENT: APPROVED AS TO lEGAL SUFFICIENCY: !ile&t ~ Ukt~/ City Attorney's fflce CERTIFIED AS TO AVAilABILITY OF FUNDS: Q~h(~ (l ~~ Director of Finance 3 ~ 4"'e4:r = tJSl}e 0 ~ ~ QJ QJ rIj rIj eJ = QJ = ~ U "'0 QJ rIj ro eIJ 0 0 ~ = ~ ~ a.. ~ ~ u ~ "'0 U ro < a 0 ~ .~ 8 "'0 ~ ~ ~ ~ +:.--t AGRICUL TURAL RESERVE PROGRAM INST ALLMENT PURCHASE AGREEMENT NO. 2004-64 SUMMARY OF MATERIAL TERMS SELLER: PECSEK, Joe M. PROPERTY LOCATION: 6269 Crags Causeway, Princess Anne District PURCHASE PRICE: $167,048 EASEMENT AREA: 29.83 acres, more or less DEVELOPMENT POTENTIAL: 2 single-family dwelling sites (2 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 4.00% (actual rate to be determined when STRIPS are purchased prior to execution ofIPA). Rate may not exceed 6.00% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IP A date RESTRICTIONS ON TRANSFER: IP A ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery oflP A. -27- Item V-K.6. RESOLUTIONS/ORDINANCES ITEM # 54419 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to A UTHORIZE a temporary encroachment into a portion of City property, known as Beaufort and Ocean View Avenues, north of 4840 Bay Bridge Lane by MARK S. DUNLEA VY Thefollowing 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 Virgin ia 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 Development Services Center/Planning Department prior to commencing any construction within the encroachment area, 7. The applicant shall obtain and keep inforce all riskproperty 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. September 27, 2005 - 28- Item V-K.6. RESOLUTIONS/ORDINANCES ITEM # 54419 (Continued) 8. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the 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 Agreement, 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: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 27, 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 BEAUFORT AVENUE TO 7 THE WEST AND OCEAN VIEW 8 AVENUE TO THE NORTH OF 4840 9 BAY BRIDGE LANE BY MARK S. 10 DUNLEAVY, HIS HEIRS, ASSIGNS 11 AND SUCCESSORS IN TITLE 12 13 WHEREAS, Mark S. Dunleavy desires to construct and maintain a variable 14 height, 9.5 foot long wood retaining wall within the City property located beside 4840 15 Bay Bridge Lane and a 3-foot by 36-foot wood walkway within the City property located 16 behind 4840 Bay Bridge Lane, Virginia Beach, Virginia. 17 WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107, 18 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 19 City's right-of-way subject to such terms and conditions as Council may prescribe. 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 That pursuant to the authority and to the extent thereof contained in 99 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Mark S. Dunleavy, his heirs, 24 assigns and successors in title are authorized to construct and maintain temporary 25 encroachments for a variable height, 9.5 foot long wood retaining wall and a 3 foot by 26 36 foot wood walkway on the City property as shown on the map entitled: "EXHIBIT 'A' 27 SHOWING ENCROACHMENT OF EXISTING WOOD RETAINING WALL INTO 28 BEAUFORT AVENUE (UNIMPROVED R/W) & ENCROACHMENT OF EXISTING 29 WOOD WALKWAY INTO OCEAN VIEW AVENUE (UNSPECIFIED R/W) BENEFITING 30 LOTS 1&2, BLOCK 17 SUBDIVISION OF CHESAPEAKE PARK (MB 4, PG 47) GPIN: 31 1570-52-1768 VIRGINIA BEACH, VIRGINIA" a copy of which is on file in the 32 Department of Public Works and to which reference is made for a more particular 33 description; and 34 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 35 subject to those terms, conditions and criteria contained in the Agreement between the 36 City of Virginia Beach and Mark S. Dunleavy (the "Agreement"), which is attached 37 hereto and incorporated by reference; and 38 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 39 is hereby authorized to execute the Agreement; and 40 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 41 time as Mark S. Dunleavy and the City Manager or his authorized designee execute the 42 Agreement. 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the 44 ?7i-hdayof September ,2005. 45 46 APPROVED AS TO CONTENTS :~ ~~~~REC ~'^ 49 fLU f(CHI~+tJt, 50 DEPARTMENT 51 52 53 54 55 56 57 58 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES 58.1-8 II (c)(4) THIS AGREEMENT, made this ~5 ~ay of o.lA~lur , 20 (J };~ by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and MARK S. DUNLEAVY F/K/A MARK B. DUNLEAVY, 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 ofland designated and described as "LOTS 1 AND 2" as shown on that certain plat entitled "CHESAPEAKE PARK PRINCESS ANNE CO, V.A." Scale 1" = 200 ft. Amended Plat made from Blueprint with certain changes for A.M. Ward October 14th, 1919, and being further designated and described as 4840 Bay Bridge Lane, Virginia Beach, Virginia 23455; and That, WHEREAS, it is proposed by the Grantee to maintain a wood retaining wall and a wood walkway "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City 50' right of way known as Beaufort A venue, and an unimproved City right of way known as Ocean View Avenue, "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN 1570-52-1768-0000 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: "EXHIBIT' A' SHOWING ENCROACHMENT OF EXISTING WOOD RETAINING WALL INTO BEAUFORT AVENUE (UNIMPROVED R/W) & ENCROACHMENT OF EXISTING WOOD WALKWAY INTO OCEAN VIEW AVENUE (UNSPECIFIED R/W) BENEFITING LOTS 1&2, BLOCK 17 SUBDIVISION OF CHESAPEAKE PARK (MB 4, PG 47) GPIN: 1570-52-1768 VIRGINIA BEACH, VIRGINIA" dated FEBRUARY 7, 2005, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 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. 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 2 to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/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 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 herein above by 3 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, Mark S. Dunleavy, the said Grantee has caused this Agreement to be executed by his signature(s) and seales) duly affixed. 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 )/~1 S:~ 4:v Mark S. Dunleavy {J f/k/a Mark B. Dunleavy ~ STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by ~ CITY MANAGER! AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: 4 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF 1/ CITY/COUNTY OF V tl ".6:>a.-f/"--" "to-wit: ;).:;'1,1- a The foregoing instrument was acknowledged before me this' day of / - .-- ,'('-'iuy IkJ--t, 20 O~ by Mark S. Dunleavy f/kJa Mark B. Dunleavy. My Commission Expires: S-- 3-/ _'d ;Loe) ? t.(jltdA~ ClCl:t-.- ( otary Public APPROVED AS TO CONTENTS ~:~~, cJ(~Q('{" rID /?(R) t6t1F DEPARTMENT APPROVED AS TO LEGAL S FFICIENCY AND FORM i 5 EXHIBIT 'A' SHOWING ENCROACHMENT OF EXISTING WOOD RETAINING WALL INTO BEAUFORT AVENUE (UNIMPROVED R/W) & ENCROACHMENT OF EXISTING WOOD WALKWAY INTO OCEAN VIEW AVENUE (UNSPECIFIED R/W) BENEFITING LOTS 1 &2, BLOCK 17 SUBDIVISION OF CHESAPEAKE PARK eMB 4, PG 47) GPIN: 1570-52-1768 VIRGINIA BEACH VIRGINIA ~ ~ ()~ ce.~ ~ ~~7 ~~~ 0)7 ~~~ ~ ~ ~-t-~~ y:U'(' (J~~ c?~~ V ~ ~ tJ ~ ~ ~ ~ ~...... \l:) ':t. ~~ ~ ~ -\:>.. ~~ .. ~ VARIABLE HEIGHT; 9.5' LONG EXIS TlNG WOOD RETAINING WALL (ENCROA CHMEN T) N 72.33'54" W 9.37' J' x 35' EXISTING WOOO WALKWA Y (ENCROA CHMEN T) OCEAN 14EW A VENUE (UNSPEClRBJ tk UNIMPROVED R/W) (MB 4, PC 47) ~\ ~ 5: ~~\ ~ <D .,- t<) co NtO ~ t<) to N (f) S 64.27'12" E 33.50' 63.17' 29.67' ~~ o LOT 1 LOT 2 N co 0> 0> LOTS 3&4 CPIN NO. 1570-52-2706 (DB 1810. PC 732) AREA=5,369 SF OR 0.123 AC GPIN: 1570-52-1768 (DB 3982, PG 1006) I 5: to to ;r P <D N I(f) I BA Y BRIOCE LANE (PRIVA TE DRIVE) 9' INGRESS/ECRESS EASEMENT (DB 3426,PC 1551) I I +-0 44.61' ~ ..... - N 64.01'37" W x' LOT 38 Q~~ CPIN NO. 1570-52-16.18 (DB 3859, PC 1241) LOT 37 CPIN NO.. 1570-52-1638 (DB 3859, PC 1241) . MSA. P.C. Landscape Arcbiteeture . Planning Surveying. Engineering Environmental Sciences 5033 ROUSE DRIVE, ViRGIl'IIA BEACH, VA 23462-3708 PHONE (757) 490-9264 FAX (757) ~90.0634 PROJ. NO.: 04089 DATE: 02-07-05 SCALE: 1" = 20' / Ok a 4k i� • ,l 3` �rfi 1 ,.11,9ijiliw ev II _ 3 •- ki,,,,,4,-.„--- :mr , , ..,,..„0„ BAY aft JE: 3 E LL , . , .m.,,,: :t.,' '* t t r• t : '!I), _ ,,H--.9 " . - : ,,: - • k,,,, ..., ,t� - ! ,>_ - II 1 _ !" .may, Beaufort Aver �� `�:. looking North a ...,.....,):.1 existing wood retaining wall. 9, r. - y .., , , • ''' _ ...4 . -;vf, :‘, •,i,...,,,,.,•,..,: ti.: ,....,..,. 1,- F4 W W +l rji � i ..4„11, . . 4., • I i;., , „. ., ,„ 1, 1 ,[ u ? ' ., ,,.,.._i. .„ • #r-' ; � ; i r ' f' : - -_ `-- R ,t, :-,, , , ,-,:,,, ,,E.,:.--,--:,,,„,..t..,:!--', --- - ._--41,„:,.7--.-;-,:-Iti,,,,,,;„,,Ils,,yvi,-,-.-1-c,A'--2,,,---: .a ii �,t ' " ' Bay Bridge Lane .; �-f � fronting property . .: _ - .. 4 ..' looking North. FIGURE 1. Encroachment of Wood MSA, P.C. Retaining Wall into Beaufort Avenue ENVIRONMENTAL SCIENCES,PLANNING,SURVEYING ENGINEERING&LANDSCAPE ARCHITECTURE ■■�■■^■■ 5033 ROUSE DRIVE Exhibit 'A' Showing Encroachments Benefiting ■■��' e■ ■■�;'"' • VIRGINIA BEACH,VIRGINIA 23462 LOTS 1&2 BLOCK 17 ■■-■ ::�`;::: (�s�)aso-9264 FAx(7s7)aso-0634SA • M. ■■c:e_■■ www.msaonline.com 4840 Bay Bridge Lane DATE: SCALE: MSA JOB#: Virginia Beach, Virginia 2/5/2005 NTS 04089 Ok ----,-gt''?"J1.0 •!,, '44 r_ • F , ` '.._ ••a3 ktt, , .4.,,,,i4.,_,`,;..".r-t•I',-"-,'-•^" ''-';'':-',I --:-...-A‘..'V'!-, .„--.',.,„!''''"-* ':47-i!! < \-‘, \` - il- • • j\ \ VV� \\h' \ `'" [ fi 6k , \ S \ � 11,)`',,1% ' k,-,.0 i �°A t� ' y --,‘,-kAfo `7S� tv�1pW ^ki ff • 4,,''''.!.;.;1'.'! Mt 4 Y4� �� x a \ \it , wlq' 4G s�� ' r p„� '_ ,p:Yfiafi : -”5ce° . • it, ,....,, „..., .. ..„.,...„,,,„..,....„..,...--.-.....„.,...„. ._ .. ,,,...''A4 ;?!!!-', L.'.„”; ;---"' - -, - .'!.7.',A-''''g. ` 4" / 7 { $ � Rear of property - s� , � s ' it i s � �ait � � '�r�f�j��! ' �'i ' �t� ,�, ,'' ti �` showing wood 'M.':FV Si l';,/,''',.'-'; °- �` ' v'' walkway lookin r � ,� „ixikkiu� �r ,a North. rt 1'°G19 ?�' I :ma .`s 141., , .,,,,,,._,,, -_ ,. _., .. :_„..„,.....,. +�_ete- r. - },.* ; ,,,,,,,,,,,„..„ „ .,,....... .s:::,$ VI Jl F��/-.�. / Y .,� �.'< t 9, �; f '4 S f................::::,,,,...„, ,,„e.1,,),.,tee,: i''. ,,,M.; ,-_--, ..),-,(--ct,i,f,.,„' qi.„4-:,...i.,0,..-„,..- - -- , 7:1-4,...,,,,I ;•,.--.-././//,'*;-,,- --i'„?,,,._•..-.v.,•,,.,. -:••.;-..;5,,,,,,,„;;•.,-,',,,q/. • -,,,...4.'”, , . ,,,,,,,..„*„.„ ;f:-.,,w.,,,, ,,-/A,- ,, /,,,,..,,,,g;kx.,:, ,i.!;r:,'. ,1,,,-,....;,,,,..;,,,ig04,4,..•..i-,..--/•41,-\----- ...„„/.. , . :,..,,,,.// ,,,,,,,,,, 7., ... • ,�..,,,,,p.'.. _ ��'�, , ,,,_,....,,,,,,,.._.,....,...„.„,„..• . .. ., ��<��_ ,�rF' s p,.s� G ;jigs ;5:4,,,•,,.:,.,-.! �5��,.' .,:,,,N,..1-,,,,_ b.`R ' •7Y+ �er� ' ry-;_ nrn•(` i 3 7fi � r4 Y„ , '"�E' , r r tom ' l vl a, 1�, 3i •�,,LL,.. '•. ,,, �' ty -......,',.i..,;:,....-.._ _ ��€ �t. .fr• t SY1 far t ir't ° ,•L x.'4-' w�" Ali d F x4 ; Y r r Om L. ,_ 1 5 `"'i9' .t .s. fY ,•3. s��.t f. e- 7,-17.-271,..1,,,,„,_ r• { �n'' cry q:i f \R� a...„....„...... ° j tx" i} r C ,-. y . , 4 (., p- /,y i �,l S' �.,. '..„,,,,t _S„,--'41,-,... ._.‘:,:,,,',,,,r- -,-.,;4.;#44,: ''r` `` i:fw„' ,S „i,...„ - r- R �?, 7.t.},��r fryt.., rt t ” -,,, .„.,_....,,,; �, \� r �1F4 7' �� ,,_,,..,,..,,,,,,,,,,,y• 1..�,q,`� 3, y�� rte, rr Y' r' 'g SSy '9i £3 ^. "•1 y� ...�m -�'--�. /a' }aF; �� t�? F i; z' �':- Wood wa I kway 0. i_'-,4,, A� r `� :,�' , �• gA _ _.. ..�,, \ Y �: s :, to beach at rear `'`J�i P,: A "i////��f],yy _.y= �� {, f/ ; ren of property. T'::.i� `•LtlE �� .a yF' '•'r {''lI.19H "'�®��... .� V1,-,/,,,,/ ,Jr.f.. ft s�'S/•r .. FIGURE 2. Encroachment of Wood MSA, P.C. Walkway into Ocean View Avenue ENVIRONMENTAL SCIENCES,PLANNING,SURVEYING ENGINEERING&LANDSCAPE ARCHITECTURE BEA Exhibit 'A' Showing Encroachments Benefiting "�' S033ROUSEDRNE LOTS 1&2, BLOCK 17 YIktt (757R)490A9264CFAX(5N 490IA 3IRG40 34 �62 ', ww.msaonline.com 4840 Bay Bridge Lane DATE: SCALE: MSA JOB #: Virginia Beach, Virginia 2/5/2005 NTS 04089 1 .41:. ,ii.l..,, I,,i,,,,,,,,„, 1 ___ f iii ,„,, , , i ,,,, , i iiiiwiti,,,,.._,_. , 1f,„.__., ,„L_____, , , , ....,.r -1. ,,, }a.. 4 G;. '::.4,p • ,, .rl ;or L. s . ., 1 (. il: 4i.' , � Adjacent S3 _ 3y, ; « ,a � .. properties 1 ' f �`' � showing wood • a � j walkway a - � --- encroachments rl t looking west of site A , .,...„. ...,,,._ oliiiilifir000..„ .ii ., , __ , 1 , ________...,,, ,,,,_, ,_ , _...,......:44....14.413 ...„ IN j ,"i Il/i t/ii�1 i 11H 11 - .,, 1 _`' L _ _ __— I 1,--1,-..'-:-.'.':::-.7--.'- _ fie,, , d E ,g' °.� T.. `, yG L t a. L , . 1 i _-04 • 1 • , ' 4.- ''-. '''-‘,4..r li iii '-i '''' '''' li4\ - '''' l'..-' . 1- . _' t '- \'-i'k, 'Nil: •,.. --21- ' ks‘ ' .i' _.:,.71,11t1.:''; -;',:-..- ' --, k- ILL Adjacent lt1 aiiiii. Y property showing wood walkway encroachments looking west of - .�{ ' site. >} FIGURE 3. Wood Walkway Encroachments MSA, P.C. on Adjacent Properties ENVIRONMENTAL NS, A , ENGINEERING&LANDSCAPESCIECEPLNNINGARCI-IITECTURESURVEYING ■■�^■■ 5033 ROUSE DRIVE Exhibit 'A' Showing Encroachments Benefiting ■■��•�.�e■ ■■��'i ■ VIRGINIA BEACH,VIRGINIA 23462 ! �- LOTS 1&2, BLOCK 17 ?:;_ ('S'>aso-s2sa FAxps�>as°-°634 -_�e� ■r_Ma ■■ www.msaonline.com 4840 Bay Bridge Lane DATE: SCALE: MSA JOB #: Virginia Beach, Virginia 2/5/2005 NTS 04089 - 29- Item V-K. 7. RESOLUTIONS/ORDINANCES ITEM # 54420 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $60,810 from the u.s. Department of Justice to the Police Department's FY 2005-2006 Operating Budget re bulletproofvests Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel. Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 27, 2005 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $60,810 2 FROM THE U. S. DEPARTMENT OF JUSTICE TO THE 3 POLICE DEPARTMENT'S FY 2005-06 OPERATING 4 BUDGET FOR THE PURCHASE OF BULLETPROOF VESTS 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 That $60,810 is hereby accepted from the U.S. Department of 8 Justice and appropriated to the Police Department's FY 2005-06 9 Operating Budget for the purchase of bulletproof vests, with 10 federal revenue increased accordingly. 11 Adopted by the Council of the City of Virginia Beach, 12 Virginia, on the 27th day of September , 2005. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY cBCMJ G. Management Services JtUf){f [ K -~ City Attorney's ffice CA9758 H:\PA\GG\OrdRes\Bulletproof R-3 September 14, 2005 Vests ORD Page 1 of 1 Lara Hutton - FY 2005 BVP Award Announcement -- From: <vests@ojp.goV> Don Fox <dfox@vbgov.com> 8{24{2005 6:01 PM FY 2005 BVP Award Announcement JAMES SPORE <JSPORE@vbgov.com>, DON BARNElT <dbarnett@vbgov.com> To: Date: Subject: cc: Congratulationsl The Office of Justice Programs' Bureau of Justice Assistance (BJA) has completed processing your application for FY 2005 BVP funds. The complete list of FY 2005 awards can be viewed at: http://YS!.s.ts...QjQ,gov. In upcoming weeks you will receive Instructions for submitting direct, online payment requests for BVP funds. Until then, please review carefully the latest Information below regarding body armor testing, as well as a special solicitation to help agencies with their vest replacement needs. Should your FY 2005 BVP application include requests for vests containing Zylon@, BJA will assist you in determining which type of armor vest will best suit your jurisdiction's needs, to ensure that each armor vest obtained through the program meets the NIl requirements. NOTICE TO BVP GRANTEES Since 1999, over 11,500 jurisdictions have participated in the Office of Justice Programs' Bureau of Justice Assistance (BJA) Bulletproof Vest Partnership (BVP) Program. Through BVP, $118 million in federal funds have been committed to support the purchase of an estimated 450,000 vests for America's law enforcement community. In November 2003, Attorney General John Ashcroft announced a Body Armor Safety Initiative in response to the failure of a bullet-resistant vest worn by a police officer in Pennsylvania. NIl was directed to initiate an examination of Zylon@-based bullet-resistant vests (both new and used) and to review the existing program by which bullet-resistant vests are tested to determine if the program needs modification. Having completed Its latest phase of ballistic and mechanical properties testing, NIl has determined that used Zylon@ - containing vests may not provide the intended level of ballistic resistance. In response to this determination, NIl has issued a body armor standard advisory notice concerning Zylon@ , and has issued new Interim requirements for Its body armor compliance testing program that will become effective on September 26, 2005. Until the effective date of the Interim requirements, jurisdictions that participate In the BVP program will be ineligible to receive payment for new orders placed for any bOdy armor vest that contains Zylon@. Once the NIl Interim requirements become effective, a list of vest models that comply will be maintained at: bttp~II..wJ,'Nt,JY~!:m~.t&!:g,- Pursuant to the FY 2005 Department of Justice Appropriations Act, $23.6 million was made available for the purchase of vests through the annual BVP Program application process. To better meet the vest replacement needs of America's law enforcement agencies this year, Attorney General Alberto Gonzales will make an additional $10 million available immediately. This additional funding will be available through a special BVP solicitation that will open on August 24, 2005 and close on September 22, 2005. The latest BVP Program Fact Sheet can be reviewed at: bttp:llwww.ojp.usdoj.gov/bvp-ba51/d~BVP ProgramFactSheet illLliL05.doc. Thank you BVP Tech Support 1-877-758-3787 VIRGINIA BEACH CITY, VA .c;1__11r'1..\T"\__-.~__ _._L_n/l"\1\_4_ -1n/~I\C"t_L.L!~_ ___\1_1___..0.._ __\T _ _ _1n/l"\^C"t _.L..~._ _ .\'T"'. \ ,....,,.,.7'\ "1'\/'\1'\"'" TY""''' X 1'\ /1"\ '''''^^~ \lti;"Jt~~,,"':I,i:I:;";"f.l ~ ,. j ./ <. "I/Juris(llctlon Name". RAPPAHA\NNOCK~ ' , RICHMOND CITY ROANOKE CITY:<:,iY I,: ROANOKE COUNTY R0CKINGHAM 'COUNTY HOCKY MOUNT TOWN SALEM CITY ::." ,:.:.,.J! SHENANDOAH TOWN SMITH.F.JELD TOWN" '; STAUNTON CITY SUFFOLK CITY:' ',' . , .,' VINTON TOWN . VIR.GINIAi',~, ':':..'l';'.~". ". VIRGINIA BEACH CITY . WARRENTON,TOWN .. WILLIAMSBURG CITY . WINCHESTER-CITY' :' : ", WOODSTOCK TOWN , YORK COUNTY .":",1'" I, , . .~~:~ ~' . :8tate.. ,~ VA~h' v;;::- " VAt.,.' VA ',VA" . VA ~ v;;::- ", VA.,. v;;::- , VA: v;;::- ~ v;;::- . VA.".. v;;::- , VA\.' v;;::- VA It;" , . :!.: :.:..:.II~~ Application To :~ . $4;7.50 $156,000 ,', $21,966 $5,088 ...,. $19,425 $1,079 .' 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'50.00%.. : 'I 6,~' 'i .24,7.47 ..' 1.1'...., -73 ;". .: 'I' . ,,'. .14 50.00% 7 2.338 6 2 ,',. ,:"50:00% '... ,4 ".".:.6:324 .,;. ",'21, ".Ii' "'7 50.00% 6 23.853 49 5 50.00% 4 I ,. 63.677 ;".: ! .155 "I". '," .':", '. 49 50,00% 6 7,782 20 8 , ;,. ',14.43% 3 6,000.000" 3,079 i; " r., 672 14.43% 2 425,257 1,198 654 !. ,'.50.00% '" 10:':.,. ,:6,670.,:,.., :23..,.." ....23 50.00% 1 11,998 40 5 'I .' 50.00% .~'I. '10',;' I,' , 23.585 ". :' .' .71 ',r'~. .'; :.122 50.00% 6 3,952 14 2 50.00% ". 1 i ----s6,297 ~ !i" ',' ',89 i , .,: . '.'" 12 " "" . J I "I". l ,j .." , .,',. . ",' 15~~9 I:' 'i ','4.495 BVP Act of 2000 gives jurisdicti ons with fewer than 100,000 residents n.(. I fal ' .00 . .00 .60 .00 .00 .98 .00 .00 .00 .00 .00 .00 .49 .80 .00 .00 .52 .00 .38 .58 $525,729.85 " I,.;. " - 30- Item V-K.8. RESOLUTIONS/ORDINANCES ITEM # 54421 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to ACCEPT $58,497 from the Virginia Department of Environmental Quality and APPROPRIA TE $18,497 to the Parks and Recreation Department's by 2005-2006 operating budget re enhancement to the Clean Community Program. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 27, 2005 1 2 3 4 5 6 AN ORDINANCE TO ACCEPT $58,497 FROM THE VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY AND APPROPRIATE $18,497 TO THE PARKS AND RECREATION DEPARTMENT'S FY 2005-06 OPERATING BUDGET TO PROVIDE ENHANCEMENTS TO THE CLEAN COMMUNITY PROGRAM 7 WHEREAS, the City has been awarded grant funding from the 8 Virginia Department of Environmental Quality for the Clean 9 Community Program; and 10 WHEREAS, the City Council previously appropriated $40,000 11 to the Parks and Recreation Department FY 2005-06 Operating 12 Budget based on the amount historically awarded to the City by 13 the Department of Environmental Quality. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, VIRGINIA: 16 That the grant of $58,497 is hereby accepted from the 17 Virginia Department of Environmental Quality and $18,497 is 18 hereby appropriated to the Parks and Recreation Department's FY 19 2005-06 Operating Budget for enhancements to the Clean Community 20 Program, with state revenue increased accordingly. 21 Adopted by the Council of the City of Virginia Beach, day of Septembet 2005. 22 Virginia, on the 27th Approved as to Content Approved as to Legal Sufficiency Management Services \k~ (J~, City Attorney' Offlce jjGMOQ. CA9757 H:\PA\GG\OrdRes\Clean Community Program ORD R-2 September 14, 2005 COMMONWEALTH of VIRGINIA W. Tayloe Murphy, Jr, Secretary of Natural Resources DEPARTMENT OF ENVIRONMENTAL QUALITY . Street address: 629 East Main Street, Richmond, Virginia 23219 Mailing address: P. O. Box 10009, Riclunond, Virginia 23240 Fax (804) 698-4500 TDD (804) 698-4021 www.deq.virginia.gov Robert G. Burnley Director (804) 698-4000 . 1-800-592-5482 September 1, 2005 Mr. James K. Spore . City Manager City of Virginia Beach 3829 Elbow Road Virginia Beach, V A 23456-5486 Dear Mr. Spore: I am pleased to inform you that a new grant award of $ 58,497 has been approved for the City of Virginia Beach and Virginia Beach Clean Conununity for the Litter Prevention and Recycling Program activities for the period July 1,2005 to June 30, 2006. A payment for this amount should be received within the next two weeks if funds can be transferred electronically (EDI) or in thirty days if processing by check is required. Please note that your grant amount reflects a large increase over previous years (52% statewide average). This increase is due to: 1. a large increase in litter tax collections in FY 2005 oyer previous years (24%) 2. the 2005 General Assembly did not limit grant funding 'for FY 2006, as it did in the previous 2 years 3. the Litter Control and Recycling Fund Advisory Board reallocated all previously unspent funds (competitive grants, litter campaign, etc.) to locality grants for FY 2006. Please be aware that this increase in grant amounts to localities may not l::>e su stained in future grant cycles. For example, in FY 2007, there will be no unspent grant monies to'reallocate and it is unknown if the large increase in litter tax collections will occur again this year. If you have any questions or need additional information, please contact Steve Coe at (804) 698-4029 or Sheila Barnett at (804) 698-4055. Their respective emaiI addresses are gscoe@deQ.state.va 1H; and smhllmp.tt(wif~CJ Wltp V~ 11~ Sincerely, ,/ r CCf}.2;1\ ~7vr~ \.: R. Allan Lassiter, Jr. Environmental Program Manager CC: Charles W. Myel', Cindy Curtis, Ruby Arredondo, Kim Greer fD)~ ()~~ liU . '1'.', CS: tt~ . - 31 - Item V-L. PLANNING ITEM # 54422 1. VILLAGE CHURCH MODIFICATION OF CONDITIONS re Conditional Use Permit (approved September 23,2003) 2.HAYGOOD SKATING CENTER, INC MODIFICATION OF CONDITIONS re Conditional Use Permit (approved May 25, 1999) 3. 656 ASSOCIATES, LLC STREET CLOSURE 4. ELITE CUSTOM WHEELS CONDITIONAL USE PERMIT 5. BAILLIO SAND COMPANY, INC CONDITIONAL USE PERMIT 6. SALTWATER, L.L.C CONDITIONAL CHANGE OF ZONING 7. CITY OF VIRGINIA BEACH STREET CLOSURES September 27, 2005 - 32- Item V-L.l. PLANNING ITEM # 54423 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED IN ONE MOTION Items 1, 3, 4, 6 and 7 (DEFERRED) of the PLANNING BY CONSENT AGENDA. Item 7 was DEFERRED INDEFINITELY, BY CONSENT Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 27, 2005 - 33- Item V-L.l. PLANNING ITEM # 54424 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council MODIFIED CONDITIONS upon application of VILLAGE CHURCH, re Conditional Use Permit (approved by City Council on September 23. 2003) to incorporate additional acreage at 4013 Indian River Road. ORDINANCE UPON APPLICATION OF VILLAGE CHURCH FOR THE MODIFICATION OF CONDITIONS FOR A CONDITIONAL USE PERMIT APPROVED BY CITY COUNCIL ON SEPTEMBER 23, 2003, BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Village Church for the Modification of Conditions for a Conditional Use Permit approved by City Council on September 23, 2003. Property is located at 4013 Indian River Road (GPINs 14746236330000; 14746233120000). DISTRICT 1- CENTERVILLE The following conditions shall be required: 1. All conditions, with the exception of Number 1 attached to the Conditional Use Permit granted by the City Council on September 23, 2003, shall remain in affect. Condition Number 1 of the September 23, 2003, Conditional Use Permit is deleted and replaced with the following: The Site shall be developed and constructed in substantial conformance with the Site Plan entitled, "Church Facility for The Village Church, sheet 3 of 13, " prepared by Hunt Club Consulting, dated February 13, 2004, with the exception of the addition of Conditions 2 through 6 listed in the September 23, 2003, Conditional Use Permit approval. 2. The exterior of the building shall be constructed substantially as depicted on the Site Layout Plan entitled, "Church Facility for The Village Church, "prepared by V erebely & Associates, Architects, dated April 18. 2003. 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-seventh of September, Two Thousand Five September 27, 2005 - 34- Item V-L.l. PLANNING ITEM # 54424 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA, Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None September 27, 2005 - 35 - Item V-L.2. PLANNING ITEM # 54425 Thefollowing registered to speak in SUPPORT: Dr. Eure Hill, Phone: 494-1656, represented Kujichagerlic Academy, a non-profit, which would benefit from the Bingo operation. Dana Chaput, President/Secretary - Haygood Skating Center, Inc., concurred with the conditions, including the two suggested additions, The facility will be non-smoking. The facility has 99 parking spaces, Mr. Chaput has spoken with an adjacent facility who have agreed to lease 40 parking spaces to Mr. Chaput for the evening as overfill, Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council MODIFIED CONDITIONS upon application of HAYGOOD SKATING CENTER, INC. re Conditional Use Permit (approved by City Council on May 25, 1999), to allow the addition of Bingo as a permitted use. ORDINANCE UPON APPLICATION OF HAYGOOD SKATING CENTER, INC. FOR THE MODIFICATION OF A CONDITIONAL USE PERMIT APPROVED BY CITY COUNCIL ON MAY 25, 1999, BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Haygood Skating Center, Inc. for the Modification of a Conditional Use Permit approved by City Council on May 25, 1999. Property is located at 1036 Ferry Plantation Road (GPIN 14784503910000). DISTRICT4-BAYSIDE The following conditions shall be required: 1, In addition to the condition(s) listed below, all conditions attached to the Conditional Use Permit granted by the City Council on May 25, 1999, shall remain in affect. 2. As the parking is limited on the site, when Bingo is operating, skating shall not be permitted and vice versa. 3. Based on the number of available parking spaces (99) depicted on the site plan, no more than 9,900 square feet of floor area within the building shall be used for any Bingo activities. 4, The Bingo facility shall be operated as "No Smoking". 5. This Conditional Use Permit shall be reviewed by City Staff after a period of one (1) year (9/27/06) and if parking increases are unacceptable, the CUP shall be brought back to City Council for their consideration. September 27, 2005 r- - 36- Item V-L.2. PLANNING ITEM # 54425 (Conditioned) 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-seventh of September, Two Thousand Five Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 27, 2005 - 37- Item V-L.3. PLANNING ITEM # 54426 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED an Ordinance upon application of 656 ASSOCIATES, L.L.c. for the discontinuance, closure and abandonment of an unnamed, unimproved alley north of Aqua Lane Ordinance upon Application of656Associates, LLC, a Virginia limited liability company for the discontinuance, closure and abandonment of an unnamed, unimproved 15-foot by 50-foot alley located 300 feet north of Aqua Lane between Lots 7 and 19, Block 20, Croatan Beach. DISTRICT 6 - BEACH The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlyingfee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City 's Interest in Streets Pursuant to Street Closures, " approved by City Council. Copies of the policy are available in the Planning Department. Funds from the purchase of this street shall be put toward improving public access to the Oceanfront within the Croatan area, 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoiningparcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verifY that no private utilities exist within the right- of way proposed for closure, Preliminary comments from the utility companies indicate that there are no private utilities within the right- of way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council (September 26, 2006). If the conditions noted above are not accomplished and the final plat is not approved within one (I) year of the City Council vote to close the right-of-way, this approval shall be considered null and void, September 27, 2005 - 38- Item V-L.3. PLANNING ITEM # 54426 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA, Maddox, Mayor MeyeraE. OberndorJ, Jim Reeve, Peter W Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 27, 2005 1 2 3 4 ORDINANCE NO. 5 6 7 IN THE MATTER OF CLOSING, VACATING AND 8 DISCONTINUING A PORTION OF THAT CERTAIN 9 STREET KNOWN AS "15' x 50' PORTION OF ALLEY 10 TO BE CLOSED" AS SHOWN ON THAT CERTAIN 11 PLAT ENTITLED "STREET CLOSURE PLAT 12 PORTION OF 15' ALLEY ADJACENT TO LOTS 7 & 19 13 BLOCK 20 CROATAN BEACH M.B. 24 P. 37 14 VIRGINIA BEACH, VIRGINIA": 15 16 17 WHEREAS, 656 Associates, LLC, a Virginia limited liability company, applied 18 to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described street 19 discontinued, closed, and vacated; and 20 WHEREAS, it is the judgment of the Council that said street be discontinued, 21 closed, and vacated, subject to certain conditions having been met on or before one (1) year from 22 City Council's adoption of this Ordinance; 23 24 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 25 Beach, Virginia: 26 27 SECTION I 28 29 That the hereinafter described street be discontinued, closed and vacated, subject 30 to certain conditions being met on or before one (1) year from City Council's adoption of this 31 ordinance: 32 All that certain piece or parcel of land situate, lying and being in 33 the City of Virginia Beach, Virginia, designated and described as 34 "15' x 50' PORTION OF ALLEY TO BE CLOSED" as shown on 35 36 GPIN's: 2426-38-9955 and 2426-38-8912 1 37 38 39 that certain plat entitled "STREET CLOSURE PLAT PORTION 40 OF 15' ALLEY ADJACENT TO LOTS 7 & 19 BLOCK 20 41 CROATAN BEACH M.B. 24 P. 37 VIRGINIA BEACH, 42 VIRGINIA" Scale: I" = 25', dated May 26, 2005, prepared by 43 Gallup Surveyors & Engineers, Ltd., a copy of which is attached 44 hereto as Exhibit A. 45 46 47 SECTION II 48 49 The following conditions must be met on or before one (1) year from City 50 Council's adoption of this ordinance: 51 1. The City Attorney's Office will make the final determination regarding 52 ownership of the underlying fee. The purchase price to be paid to the City shall be determined 53 according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street 54 Closures," approved by City Council. Copies of said policy are available in the Planning 55 Department. Funds from the purchase of this street shall be put toward improving public access 56 to the oceanfront within the Croatan area. 57 2. The applicant shall resubdivide the property and vacate internal lot lines to 58 incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted 59 and approved for recordation prior to final street closure approval. 60 3. The applicant shall verify that no private utilities exist within the right-of-way 61 proposed for closure. Preliminary comments from the utility companies indicate that there are 62 no private utilities within the right-of-way proposed for closure. If private utilities do exist, the 63 applicant shall provide easements satisfactory to the utility companies. 64 2 64 65 4. Closure of the right-of-way shall be contingent upon compliance with the 66 above stated conditions within one year of approval by City Council. If all conditions noted 67 above are not in compliance and the final plat is not approved within one year of the City 68 Council vote to close the street, this approval will be considered null and void. 69 70 SECTION III 71 72 1. If the preceding conditions are not fulfilled on or before September 26, 73 2006, this Ordinance will be deemed null and void without further action by the City Council. 74 2. If all conditions are met on or before September 26, 2006, the date of final 75 closure is the date the street closure ordinance is recorded by the City Attorney. 76 3. In the event the City of Virginia Beach has any interest in the underlying 77 fee, the City Manager or his designee is authorized to execute whatever documents, if any, that 78 may be requested to convey such interest, provided said documents are approved by the City 79 Attorney's Office. 80 SECTION IV 81 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 82 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 83 VIRGINIA BEACH as "Grantor" and 656 Associates, LLC, a Virginia limited liability 84 company, as "Grantee." 85 3 85 86 Adopted by the Council of the City of Virginia Beach, Virginia, on this 27 thday 87 of September ,2005. 88 89 90 91 92 CA-9653 93 August 25, 2005 94 H:IOlDlREAL ESTATEIStreet Closurel656 Associates. LLC.CA965310RD.doc 95 96 97 98 99 100 101 102 103 104 105 106 107 108 APPROVED AS TO CONTENT: ~ ~..\!>'~S'" ~ Planmng Department APPROVED AS TO LEGAL SUFFICIENCY: /JJaa ~ IJJuJIaJ City Attorney 4 W l- v; ~ b o o ~ ~ < U 1Il ~ '" z o F < u o ...J z <: 5 77"42'00. W ~ U 100.00' 0 "' I" :ll i "'- '" TO ~ I U "'0 CD ~g '" F I CD Z 1Il '" ... <: '" F ,OO'OO~ <: 3 .5t,5t.5B N ~8 ~:g F-' "'u 0", Q.m ~~ K ,.. . ~ 1Il...J ~ < E:)CH le,T A 1- '" .... ~a: ... o ..J 15.00' '" c;; CD I \.!') 7 CD '" ... .N ,00'51 o '" .... .... '" o ~~ '" '08 ..Jo '" 3 AQUA LANE (VIRGINIA AVE - PLAT) 215.00' 100.00' ,OO'OO~ ,OO'5IZ I- < ..J>- :::c <~ ~ ~o~ Uw< ~ ~ 0::. t- 0 ~> ::> ~..,.. ~"'CIla: :i (I) Z llo: 0 o U.o~ "o~'" < -J < o...."'w U .., (I)..JI-ai m t50 I-m<" :'!: I- F< 0 0 ;;:;;" ~o:::-JO::~N ~~ U >~ (I) ~ U 1Il "' o o '" in .... . ... o "' ~~~ ~-~~ 0. ~~~~= ~~t;:;Vl 5l 3~g~cb -Jl.&Jo .~ 0~~~~ UltllwU1 ~~:t::. ~ ~~~ "'''''' ::l '" VI :> b b g ~ 0:: i" - "' 8~ ;,. s:; ~ z b e:;;; a: L&J.~ ~aj ~7 <:!:!l < < ug F;!: z~ ~B <: vi - 39- Item V-L.4. PLANNING ITEM # 54427 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED an Ordinance upon application of ELITE CUSTOM WHEELS for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ELITE CUSTOM WHEELS FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR GARAGE R090534127 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Elite Custom Wheels for a Conditional Use Permit for an automobile repair garage on property located at 480 I-A Virginia Beach Boulevard (GPIN 14772489690000). DISTRICT 2 - KEMPSVILLE The following conditions shall be required: 1. The parking lot shall be striped, including spacers) for handicap parking, as required by the City of Virginia Beach Zoning Ordinance, prior to the issuance of a Certificate of Occupancy, 2. No parking shall be permitted in the front of the building. 3. Category I Landscape material shall be installed along the southern far;ade and foundation landscaping shall be installed along the eastern far;ade, as stipulated in the City of Virginia Beach Landscaping Guide, December 2002, prior to the issuance of a Certificate of Occupancy. 4. All s ign age, freestanding or otherwise, shall conform to the provisions of the City of Virginia Beach Zoning Ordinance, as such; the existing nonconforming sign located near Virginia Beach Boulevard must be removed prior to the issuance of an occupancy permit for the building on the southern portion of the property, Only one (1) freestanding sign for the property shall be permitted. 5. No outside display or storage of tires, rims, or auto parts shall be permitted. 6. A Certificate of Occupancy shall be obtained prior to the issuance of final occupancy permit. September 27, 2005 - 40- Item V-LA. PLANNING ITEM # 54427 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-seventh of September, Two Thousand Five Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter W. Schmidt. Ron A, Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None September 27, 2005 - 41 - Item V-L.S. PLANNING ITEM # 54428 Attorney Morris Fine, 2101 ParIes Avenue, Phone: 422-1678, represented the applicant. The Baillio Sand Company has been in Virginia Beach since 1938 and has operated a successful borrow pit. This application is a replacement for an existing pit. The unique sand mined from this pit is an essential commodity in the building industry (mason sand) and utilized by brick masons. John M. Baillio, 221 68th Street, Phone: 482-3302 A MOTION was made by Councilman Reeve to DEFER INDEFINITELY an Ordinance upon application ofBAILLIO SAND COMPANY, INC.for a Conditional Use Permit, MOTION FAILED FOR LACK OF A SECOND. Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council ADOPTED the Ordinance upon application of BAILLIO SAND COMPANY, INC. for a Conditional Use Permit for a borrow pit. ORDINANCE UPON APPLICATION OF BAILLIO SAND COMPANY, INC. FOR A CONDITIONAL USE PERMIT FOR A BORROW PIT R090534127 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Baillio Sand Company, Inc. for a Conditional Use Permit for a borrow pit on property located on the west side of Princess Anne Lane, west of the intersection of Princess Anne Lane and Princess Anne Road (GPINs 24038867530000; 24038636650000; 24038753120000). DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. The stockpiling of material, overburden, equipment, etc. shall not be permitted within the 100-foot buffer areas depicted on the plan. 2. Operation on Sundays shall be prohibited. Hours of operation shall be 7:00 a.m, until 7:00 p.m. 3. The existing 22-foot wide lane identified on the plan that runs through the proposed borrow pit expansion area shall either be relocated or vacated by recorded plat prior to the issuance of any land disturbing and/or excavation permits, Evidence of applicant's ability to excavate and eliminate that portion of the lane must be satisfactory to the City Attorney's Office. 4. Prior to any excavation, the developer must obtain an excavation permit from the appropriate City agencies and incorporate anv other alJlJrolJriate m!encies which mav be involved. 5. The excavated area shall be limited to 20.53 acres as depicted on the submitted plan entitled, "Concept Plan Proposed Borrow Pit Expansion Plan for Baillio Sand Company," prepared by Gallup Surveyors & Engineer, Ltd., dated June 9, 2005, September 27, 2005 - 42- Item V-L.5. PLANNING ITEM # 54428 (Continued) 6. Excavation of the borrow pit shall be done with a hydraulic dredge when excavating below the water table, No water is to be pumped from the pit nor any other action shall be permitted that would result in a lowering of the water table. 7. When the mining is complete, the applicant will redevelop the sides of the pit to a 3: 1 slope within six months. 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-seventh of September, Two Thousand Five Voting: 10-1 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Richard A, Maddox, Mayor Meyera E. OberndorJ, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Jim Reeve Council Members Absent: None September 27, 2005 - 43- Item V-L.6. PLANNING ITEM # 54429 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED an Ordinance upon application o[SALTWATER, L.L. C. for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF SALTWATER, LLC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-2 OFFICE DISTRICT TO CONDITIONAL 0-1 OFFICE DISTRICT Z08051230 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Saltwater, L.L. C. for a ChanQe of Zoning District Classification from 0-2 Office District to Conditional 0-1 Office District on property located at 1200 Communications Circle (GPIN 14691087150000). The Comprehensive Plan designates this site as being part of Strategic Growth Area 1 - Northampton Boulevard Corridor, suitable for major corporate. employment and industrial uses, The purpose of this rezoning is to develop the site with office buildings. DISTRICT 4 - BAYSIDE The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-seventh of September, Two Thousand Five Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 27, 2005 - 44- Item V-L. 7. PLANNING ITEM # 54430 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council DEFERRED INDEFINITELY Ordinances upon application of the CITY OF VIRGINIA BEACH for the discontinuance, closure and abandonment of portions of a. Jefferson Avenue b. Monroe Avenue north of Virginia Beach Boulevard c. Monroe Avenue south of 19th Street d. Parks Avenue e. Washington Avenue north of 19th Street f Washington Avenue south of 19th Street g Norfolk Place h Alley east of Parks Avenue 1. Alley west of Parks Avenue (DISTRICT 6 - BEACH) Ordinance upon Application of the City of Virginia Beach for the discontinuance, closure and abandonment of a portion of Jefferson Avenue beginning on the north side of Virginia Beach Boulevard and extending 320 feet in a northerly direction. DISTRICT 6 - BEACH Ordinance upon Application of the City of Virginia Beach for the discontinuance, closure and abandonment of a portion of Monroe Avenue beginning on the north side of Virginia Beach Boulevard and extending approximately 355,64 feet in a northerly direction. DISTRICT 6 - BEACH Ordinance upon Application of the City of Virginia Beach for the discontinuance, closure and abandonment of a portion of Monroe Avenue beginning on the south side of 19h Street and extending approximately 278.89 feet in a southerly direction, DISTRICT 6 - BEACH Ordinance upon Application of the City of Virginia Beach for the discontinuance, closure and abandonment of a portion of Parks Avenue beginning on the north side of 18th Street and extending approximately 300.04 feet to the south side of 19th Street, DISTRICT 6 - BEACH Ordinance upon Application of the City of Virginia Beach for the discontinuance, closure and abandonment of a portion of Washington Avenue beginning on the north side of 19th Street and extending 255.21 feet in a northeasterly direction. DISTRICT 6 - BEACH Ordinance upon Application of the City of Virginia Beach for the discontinuance, closure and abandonment of a portion of Washington Avenue beginning on the south side of 19th Street and extending approximately 365.05 feet in a southerly direction. DISTRICT 6 - BEACH September 27, 2005 - 45 - Item V-L. 7. PLANNING ITEM # 54430 (Continued) Ordinance upon Application of the City of Virginia Beach for the discontinuance, closure and abandonment of a portion of Norfolk Place beginning on the east side of Washington Avenue and extending 195.22 feet in an easterly direction. DISTRJCT 6 - BEACH Ordinance upon Application of the City of Virginia Beach for the discontinuance, closure and abandonment of a portion of an alley beginning on the east side of Parks Avenue and extending approximately 249,66 feet in an easterly direction, DISTRJCT 6 - BEACH Ordinance upon Application of the City of Virginia Beach for the discontinuance, closure and abandonment of a portion of an alley beginning on the west side of Parks Avenue and extending approximately 312.29 feet in an westerly direction. DISTRJCT 6 - BEACH Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA, Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 27, 2005 - 46- Item V-M. APPOINTMENTS ITEM # 54431 BY CONSENSUS, City Council RESCHEDULED: CITIZEN'S COMMITTEE re BRAC EASTERN VIRGINIA HEALTH SYSTEMS AGENCY HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA PARKS AND RECREATION COMMISSION PERSONNEL BOARD (Alternates) PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE (COG) September 27, 2005 - 47- ITEM # 54432 Mayor Oberndorf entertained a motion to permit City Council to conduct a second CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2,2-3711 (A) (1). To Wit: Appointments: Boards and Commissions: BRAC Task Force Beaches and Waterways Commission Eastern Virginia Health Systems Agency Health Services Advisory Board Historical Review Board Investment Partnership Advisory Committee- PPEA Parks and Recreation Commission Personnel Board (Appointment of Alternates) Public Library Board Review and Allocation Committee (COG) PUBLICL Y-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: Lynnhaven District Centerville District Beach District Princess Anne District (ARP) Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council voted to proceed into CLOSED SESSION (7:36 P.M.). Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None (Closed Session: 7:36 P.M. - 9:42 P.M.) (Councilman Maddox left at 8:30 P.M.) September 27, 2005 " - 48- CERTIFICATION OF CLOSED SESSION ITEM # 54433 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. 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 Councilman Maddox left at 8:30 P,M. September 27, 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 # 54432, page 47, 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. ~,~~.~ th Hodges mith, MMC City Clerk September 27,2005 - 49- Item V-Po ADJOURNMENT ITEM # 54434 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 9:45 P.M. ~mq:~?&_ Beverly 0. Hooks, CMC Chief Deputy City Clerk ~::'*~~- City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia September 27, 2005