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HomeMy WebLinkAboutNOVEMBER 28, 2006 MINUTES CITY OF VIRGINIA BEACH A COMMUNITY FOR A LIFETIME CITY COUNCIL MAYOR MEYERA E. OBERNDORr~ At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 WILLIAM R. "Bill" DESTEPH, At-Large HARRY E. DIEZEL Kempsville - District 2 ROBERT M. "Bob" DYER, Centerville - District I BARBARA M. HENLEY, Princess Anne - District 7 REBA S. McCLANAN, Rose Hall - District 3 JOHN E. UHRIN, Beach - District 6 RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com CITY COUNCIL AGENDA C17Y MANAGER - JAMES K. SPORE CITY A7TORNEY - LESLIE L. LILLEY C17Y CLERK - RUTH HODGES SMITH, MMC 28 November 2006 I. CITY MANAGER'S BRIEFING - Conference Room - 3:00 PM 1. CLASS ACTION - GRIP Robert Kipper - Director of Class Action, Office of the Attorney General II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA IV. INFORMAL SESSION Conference Room 4:30PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION Council Chamber 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend William Dyson Pastor, Mount Zion AME Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICA TION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS November 14, 2006 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA I. ORDINANCESIRESOLUTION 1. Ordinances to AMEND the City Code to comply with the State Code: a. REPEAL 9913-16 through 13-22 re Food Handler's Cards superseded by a Food Service Manager's Certification b. REORDAIN 916-39 re Spot Blight Abatement definition 2. Ordinance to AUTHORIZE the City Manager to enter into agreements for the purchase and acquisition ofland and buildings and to TRANSFER and ACCEPT a Grant in the establishment of a capital project entitled "Colonial Education Center Construction and Property Acquisition" re Lynnhaven House 3. Resolution to RENAME the Shore Drive Advisory Committee to Bayfront Advisory Committee and EXTEND its service to June 30, 2009 J. PLANNING 1. Variance re lot size to 94.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirement ofthe City Zoning Ordinance (CZO) for JAMES L. and EDYTH A. PAXTON and CAROLYN P. JOYNER at 2821 North Landing Road. (DISTRICT 7 - PRINCESS ANNE) STAFF RECOMMENDATION: PLANNING COMMISSION RECOMMENDATION: DENIAL APPROVAL 2. Applications for Modification of Conditions re Conditional Use Permits a. RICHMOND 20MHz, LLC dba NTELOS to allow a 10-foot extension of a communications tower with a maximum height of one hundred (100) feet at 2100 McComas Way (approved by City Council August 14,2001) (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: APPROVAL b. PHILLIPS MOTORS OF VIRGINIA BEACH, INe. to allow an additional reception area and expand the rear ofthe building from one to two stories re an automobile sales facility at 4980 Virginia Beach Boulevard (approved by City Council on November 9, 2004) (DISTRICT 4 - BA YSIDE) RECOMMENDATION: APPROVAL 3. Application of JAMES E. and VIRGINIA L. OWENS to DELETE Proffer No.1 and MODIFY Proffer No.2 to allow continued use of the property known as the "Carraway House" as a real estate office and retail shop at 317 South Witchduck Road (approved by City Council January 14, 1980) (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION: APPROVAL 4. Application ofT-MOBILE NORTHEAST, LLC for a Conditional Use Permit re a 120- foot communications tower to accommodate three (3) wireless carriers at 1200 Communications Circle (DISTRICT 4-BA YSIDE) RECOMMENDATION: APPROVAL 5. Application of FF ACQUISITION, LLC for a Conditional Use Permit re fuel sales and a canopy over the fuel pumps for public convenience adjacent to the Farm Fresh at 1021 Independence Boulevard (DISTRICT 4-BA YSIDE) RECOMMENDATION: APPROVAL 6. Application of KEMP ENTERPRISES, INC. for a Chanf!e ofZoninf! District Classification from R-5D Residential Duplex to Conditional A-24 Apartment re multi family dwellings at Kenley and Bonney Roads (referred back to the Planning Commission by City Council on September 12, 2006) (DISTRICT 2- KEMPSVILLE) RECOMMENDATION: APPROVAL K. APPOINTMENTS BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS (BZA) CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY POLICY AND MANAGEMENT TEAM (CSA) COMMUNITY SERVICES BOARD (CSB) EMPLOYEE BENEFITS TASK FORCE HAMPTON ROADS ECONOMIC DEVELOPMENT AUTHORITY (HREDA) INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA OPEN SPACE ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE PLANNING COMMISSION WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS 1. ABSTRACT OF VOTES - November 7, 2006 General Election Congressional Election N. ADJOURNMENT CITY COUNCIL SESSIONS SCHEDULE JANUARY 2007 COMBINE THE FIRST AND SECOND REGULAR TUESDAYS - JANUARY 9, 2007 REGULAR THIRD TUESDAY WORKSHOP - JANUARY 16,2007 THE REGULAR FOURTH TUESDAY AGENDA - JANUARY 23, 2007 ******** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Hearing impaired, call: Virginia Relay Center at 1-800-828-1120 * * * * * * * * * * * Agenda 11/28/06 stlmb www.vbgov.com - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 28 November 2006 Mayor Meyera E Oberndorf called to order the City Manager's Briefing re ATTORNEY GENERAL'S GANG REDUCTION INTERVENTION PROGRAM (GRIP) CLASS ACTION in the City Council Conference Room, City Hall, on Tuesday, November 28, 2006, at 3:00.M. Council Members Present: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Harry E. Diezel [Entered: 5:00 P.M. - Doctor's appointment for tests] November 28, 2006 - 2 - CITY MANA GER 'S BRIEFING ATTORNEY GENERAL'S GANG REDUCTION INTERVENTION PROGRAM (GRIP) CLASS ACTION 3:00 P.M. ITEM # 55812 Councilman DeSteph introduced Robert Kipper, Director of Class Action, Office of the Attorney General Robert McDonnell, to discuss the Attorney General's Gang Reduction Intervention Program (GRIP). Mr. Kipper formerly was a Newport News Police Officer for twenty-five (25) years. Mr. Kipper introduced two representatives of Attorney General Robert McDonnell's Tidewater region office in attendance: Holly Cuellar, Deputy Scheduler and Erika Fischer, Community Outreach Coordinator. Attorney General McDonnell is very concerned with the plight of gangs and drugs as well as the spread of violence throughout Virginia. Thus, the Attorney General supports several key programs, The growth of gangs is a national trend. According to the United States Justice Department, there are at least 21,500 organized gangs in the United States encompassing 731,500 members. This is not a law enforcement problem, but rather a community problem. Mr, Kipper complimented the leadership in the City's extremely professional Police Department. The leadership understands the problem cannot solely be solved by law enforcement. There must be a comprehensive strategy developed within the community. While gang membership is purely defined by law, gang culture (clothing, entertainment and speech) is !!!!.!:.. This culture is a growing trend for teens. Mr. Kipper distributed materials utilized in the program and printed in Norfolk by Liskey and Sons Printing. Terry Liskey was in attendance. The Class Action Program was developed in the Summer of 1995 under the leadership of Jerry Kilgore, while he served as Secretary of Public Safety under Governor George Allen. In the Spring of 1996, the program was piloted to four thousand (4,000) eight and eleventh grades in Newport News with very positive results. In the Fall of 1996, the program was implementedfor use across Virginia. Program Advantages All training and material is provided at no cost to the localities by the Office of the Attorney General Approved by the Virginia Department of Education Meets Virginia's Standards of Learning (SOL) requirements in civics and government Strengthens the law enforcement/school partnership Provides positive student interaction in a timely subject Program is flexible for scheduling purposes Provides a positive presentation message for localities Provides a welcome addition to existing programs The program is flexible for school officers' use. Under criminal law, in Virginia, if another individual's property is destroyed by a teen, parents could be forced to pay reimbursement up to $2500. According to the State Code, abusive language is a Class III misdemeanor. November 28, 2006 - 3 - C IT Y MANA G E R ~S B R IE FIN G ATTORNEY GENERAL'S GANG REDUCTION INTERVENTION PROGRAM (GRIP) CLASS ACTION ITEM # 55812 (Continued) Gang Education and Prevention Program Primary Goals: Gang Prevention Program Increases law enforcement involvement in youth gang prevention across Virginia Provides appropriate agenda appropriate information for students in the important areas of identifying and resisting youth gang involvement Informs academic of new and existing legislation concerning gang related activity Provides necessary training, material and technical support for localities to implement and conduct the program The program developed was "Gangs in Virginia, Your Friends, Your Choices". Booklets were distributed to Elementary, Middle and High Schools. Elementary age children are recruited across the United States, to join criminal street gangs. Mr. Kipper referenced the program components of the age appropriate booklets, anJ!s In lr/(lma: our nen s, our Olces Elementary School Edition - Grades 4 and 5 Lessons include: Provides law related education concerning gang Choosing Friends activity throu~h a~e approoriate scenarios Features new and existing gang legislation Facts About Gangs Provides a focus on the importance of choosing How to Identify Gangs positive friends Features a colorful interactive student workbook How to Resist Ganfls Provides for flexible learning styles Tagging, Trashing and Graffiti Teaches personal responsibility Bullying G 'JIi' ,. y, P,' d Y, Ch ' anJ!s In lr/(lma: our nen s, our Olces Elemental1' School Edition - Grades 6-8 Lessons include: Provides age appropriate middle school situations Choosing Friends Situations are centered around Virginia legislation Facts About Gangs Program features age appropriate colorful student How to Identify Gangs workbook Teaches decision-making skills How to Resist Gan~s Teaches personal responsibility Tagging, Trashing and Graffiti Provides for flexible learninJ! styles Bullyinfl G . JIi' .. y, p' d Y, Ch . November 28, 2006 - 4- CITY MANA GER 'S BRIEFING ATTORNEY GENERAL'S GANG REDUCTION INTERVENTION PROGRAM (GRIP) CLASS ACTION ITEM # 55812 (Continued) Gan s in Vir inia: Your Friends, Your Choices Elementa School Edition - Grades 9-12 Lessons include: Provides a e a ro riate hi h school situations Choosin Friends Situations are centered around Virginia legislation Facts About Gangs Program features age appropriate colorful student How to Identify Gangs workbook Teaches decision-making skills Teaches ersonal res onsibility Provides for flexible learning styles A ParentlTeacher's Guide Provides parents and teachers with timely information regarding gangs Situations are centered around Vir inia Ie islation Provides resources for parents and teachers to help revent an involvement amon their kids Provides information on Virginia's gang laws What Parents and Teachers Can Do to Prevent Gan Involvement Virginia Gang Legislation The Attorney General's office relies heavily on the intelligence of the local Police Departments, who are the experts regarding gangs in their areas, The Class Action Program is provided without cost to the localities. The only expense entailed is that of the law enforcement officials' time utilized providing informational programs to students. Mr, Kipper extended appreciation to the United States Department of Justice COPS (Community Oriented Policing Services) office for underwriting this program. These programs are utilized by one hundred thirty-four (134) localities in the State of Virginia. The Class Action Program is not limited to schools. Mr. Kipper referenced the second program and distributed a pamphlet entitled "GRIP" (Gang Reduction and Intervention Program) on Gangs. In 2003, the State of Virginia received a sizeable Federal Grant of $2.3-MILLION from the United States Department of Justice. Four (4) cities in the United States (Milwaukee, Wisconsin, Richmond, Virginia, Los Angeles, California, and, North Miami Beach) had received grants to ascertain a strategy concerning the gang problems. Mr. Kipper was assigned as Manager of the GRIP Program. The Department of Justice instructed the representative Managers to structure a Comprehensive Plan in their individual communities regarding the implementation of this program and its effect on the community. This program works closely with the faith based community, citizens and other community groups. Representatives of the Boys and Girls Clubs, Parks and Recreation and the YMCA met concerning proven intervention methods. Focus was on the two (2) main issues of accountability and sustain ability. The representatives met with the Police Department concerning issues related to enforcement. Individuals return to the community after incarceration, many without job skills. A GED and job connection is necessary. These individuals are now being afforded this opportunity. South Richmond was targeted. After one year of operating this program, crime has decreased by thirty-five (35%) percent. Aggravated assault has decreased eighty- three (83%) percent. Property crime has decreased thirty-one (31%) percent; robbery - forty-four (44%) percent, major crime - thirty (30%) percent and homicide - eighty-five (85%) percent. November 28, 2006 - 5 - C IT Y MANA G E R 'S B R IE FIN G ATTORNEY GENERAL'S GANG REDUCTION INTERVENTION PROGRAM (GRIP) CLASS ACTION ITEM # 55812 (Continued) During the period of one year, the City of Richmond has gone from the Fifth most dangerous City in Virginia to the Fifteenth. Mayor Oberndorf advised she attended a seminar in Portland, Oregon. Reference was made to younger people moving from California and establishing "hoods ". The gangs followed the affluent areas to sell their drugs. Mr. Kipper advised this is a trend as the gangs' choice of enterprise is "drug trafficking". Mr. Kipper also referenced concern with Internet safety i.e. the utilization of the Internet for gang recruitment. Police Chief A,M Jacocks advised the Class Action program has been presented in the City's public schools for two (2) years. A number of initiatives focused on enforcement has commenced, and now is in the intervention stage. The City of Virginia Beach has been the "safest" city of its size for approximately fourteen (14) years. The School Resource Police officers are presenting the Class Action program. Councilman Dyer referenced the troubled community of Level Green in his representative District. A shooting occurred last night and apparently involved gangs. A disturbing e-mail from the President of the Level Green Civic League was received re ongoing crime. A Police Substation was located in Level Green but has now closed. The Police Department is stretched to the limit in the Fourth Precinct. Chief Jacocks advised re the impact of crime on tourism and economic development: there are eight hundred seventeen (817) authorized police positions with approximately thirty (30) vacancies. An Academy is currently in session and will graduate in January, with another Academy commencing in January. The City has 1.9 Police Officers for every 1,000 residents. The City of Norfolk has 3.2 Police Officers for every 1,000 residents and their crime rate is higher than Virginia Beach. Chief Jacocks advised COMSTAT (Computer Statistics) is a program adopted approximately two (2) years ago. This program basically analyzes crime statistics and redeploying resources based upon computerized crime analysis, A monthly COMSTAT meeting is conducted and attended by Chief Jacocks, Deputy Chiefs, all the Precinct Commanders and some of their staff. Chief Jacocks invited Council Members to attend. The investigation of the shooting in Level Green is still in the early stages. This area generates more calls for service than some other portions of the City. Deputy Chief James A. Cervera advised the next COMSTAT meeting will be conducted December 14, 2006, at 9:30 A.M, Advanced Technical Center Auditorium. Councilman Villanueva expressed appreciation to Chief Jacocks for his assistance with the problems experienced over the Summer by the Philippine Cultural Center and educating the community organizations re gang activities. Chief Jacocks advised a Parent Summit re gang issues will be scheduled for February. November 28, 2006 - 6 - CITY COUNCIL COMMENTS 4:12 P.M. ITEM # 55813 Council Lady Henley introduced Spencer Geiger, a very fine young man and student at Tal/wood High School, participating in the Global Studies and World Language Academy. Spencer accompanied Council Lady Henley as part of his International Careers Class, Spencer aspires to be a politician. 4:30 P.M. ITEM# 55814 Council Lady McC/anan referenced a map in the City Council's Agenda package concerning Verizon depicting service in the Northern portion of the City. Deputy City Attorney Macali advised the new State Code Sections, adopted by the 2006 General Assembly, allows cable companies to designate areas of the City in which they will provide service. When Cox obtained its franchise in the late 1970 's, this was not required. Verizon can say, after forty- five (45) days of negotiation, if a final Franchise Agreement has not been granted, an operator can give thirty (30) days notice to a locality that it intends to commence service. The proposed provider can ask for an Ordinance Franchise, in which a locality just grants a Franchise without negotiation. The State Code strictly limits what a locality can state in an Ordinance Franchise. The Code also allows continued negotiation, which Verizon is requesting. Verizon can commence service on December Twenty-second, having provided the thirty (30) day notice. The Franchise will apply retroactively when adopted, so Verizon will owe the Franchise Fees, Public Educational and Governmental Channel Fees. Verizon's business plan calls for extension to other areas beyound the initial service area. Council Lady McClanan expressed concern re the lines not being installed underground. Deputy City Attorney Macali advised as a general law, the City cannot require anyone to bury their lines underground. Generally in the Franchises, where there is a road project and the lines are underground, utilities must do so at their own expense. The City Council will be briefed in depth on the Verizon Franchise. ITEM # 55815 Council Lady Henley referenced the discussion of the allocation of the Year-End Fund Balance. The City Manager advised the final rankings in chronological order and the listing of the Year-End Fund Balance (with City Council's requests) shall be distributed in City Council's agenda package on Friday, December 1, 2006. ITEM # 55816 Mayor Oberndorf referenced detailed correspondence from Linda L. Myers, a resident of Tarleton Oaks Condominiums (an established community). A compost facility was built "literally" in their back yard and near Tallwood Elementary School. Hydrogen sulfide, a poisonous gas, was identified. The entire neighborhood smelled of "roUen" eggs. The property is owned by the City and part of the City's landfill. This involves a corner of the property not in use for the normal land filling operations and which has been leased to SPSA for the purpose of the composting operations. The resident is blaming various health problems on this facility as she already suffers from multiple chronic illnesses and is requesting the City purchase her home ($300,000). Mayor Oberndorf requested the City Attorney review this complaint.. November 28, 2006 - 7 - AGENDA RE VIE W SESION 4:15 P.M. ITEM # 55817 1. Ordinances to AMEND the City Code to comply with the State Code: b. REORDAIN 916-39 re Spot Blight Abatement definition Andrew Friedman, Director - Housing and Neighborhood Preservation, advised during the 2006 General Assembly Session, the Virginia statutes providing the authority for the City to declare properties "blighted" and requiring property owners abate the blight were amended. In order for the City to continue to operate the Spot Blight Abatement program, the City must amend the City Code to reflect the changes to the Virginia Code. The significant changes to the ordinance are more details regarding the owner of property, their notification and a new definition of "blighted property" that is less broad than before, ITEM # 55818 BY CONSENSUS, the following shall compose the CONSENT AGENDA: I. ORDINANCESIRESOLUTION 1. Ordinances to AMEND the City Code to comply with the State Code: a. REPEAL 9913-16 through 13-22 re Food Handler's Cards superseded by a Food Service Manager's Certification b. REORDAIN 916-39 re Spot Blight Abatement definition 2. Ordinance to A UTHORlZE the City Manager to enter into agreements for the purchase and acquisition of land and buildings and to TRANSFER and ACCEPT a Grant in the establishment of a capital project entitled "Colonial Education Center Construction and Property Acquisition" re Lynnhaven House 3. Resolution to RENAME the Shore Drive Advisory Committee to Bayfront Advisory Committee and EXTEND its service to June 30, 2009 November 28, 2006 - 8 - AGENDA RE VIE W SESSION ITEM # 55819 1. 6. Application of KEMP ENTERPRISES, INC. for a Chanf!e of Zoninf! District Classification from R-5D Residential Duplex to Conditional A-24 Apartment re multi- family dwellings at Kenley and Bonney Roads (referred back to the Planning Commission by City Council on September 12, 2006) (DISTRICT 2- KEMPSVILLE) Stephen 1. White, Planning, advised the sale of condominiums would be approximately $250,000, classified as affordable. The applicant is required to install turn-lanes on the front of the property at Bonney Road. Road improvements are being accomplished for the Cornerstone project across the street (former Wedgwood Trailer Park) and will be in conjunction with this application re the turn lanes. Robert Scott, Director -Planning, advised information will be provided during the Formal Session. Vice Mayor Jones was concerned whether the applicant would be required to widen Bonney Road on their side, Council Lady McClanan expressed concern re extension of sewers, increased use of lights and other improvements by the applicant. This item will be discussed during the Formal Session. ITEM # 55820 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT Agenda: 1. PLANNING I. Variance re lot size to s4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirement of the City Zoning Ordinance (CZO) for JAMES L, and EDYTH A. PAXTON and CAROLYN P. JOYNER at 2821 North Landing Road. (DISTRICT 7 - PRINCESS ANNE) 2. Applications for Modification of Conditions re Conditional Use Permits a. RICHMOND 20MHz, LLC dba NTELOS to allow a 10-foot extension of a communications tower with a maximum height of one hundred (J 00) feet at 2100 McComas Way (approved by City Council August 14, 2001) (DISTRICT 7 - PRINCESS ANNE) b. PHILLIPS MOTORS OF VIRGINIA BEACH, INC. to allow an additional reception area and expand the rear of the building from one to two stories re an automobile sales facility at 4980 Virginia Beach Boulevard (approved by City Council on November 9, 2004) (DISTRICT 4 - BAYSIDE) 3. Application of JAMES E. and VIRGINIA L. OWENS to DELETE Proffer No.1 and MODIFY Proffer No.2 to allow continued use of the property known as the "Carraway House" as a real estate office and retail shop at 317 South Witchduck Road (approved by City Council January 14, 1980) (DISTRICT 2 - KEMPSVILLE) November 28, 2006 - 9- AGENDA RE VIE W SESSION ITEM # 55820 (Continued) 4. Application of T-MOBILE NORTHEAST, LLC for a Conditional Use Permit re a 120- foot communications tower to accommodate three (3) wireless carriers at 1200 Communications Circle (DISTRICT 4-BAYSIDE) 5. Application of FF ACQUISITION, LLC for a Conditional Use Permit re fuel sales and a canopy over the fuel pumps for public convenience adjacent to the Farm Fresh at 1021 Independence Boulevard (DISTRICT 4-BAYSIDE) Council Lady Henley will vote a VERBAL NAY on Item J.5, (FF ACQUISITION, LLC) due to the inadequate size of the parking lot, November 28, 2006 - 10- ITEM # 55821 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-3711 (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)(l) Council Appointments: Boards, Commissions, Committees, Authorities and Agencies PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2,2-3711 (A)(3), Acquisition/Disposition of Property: Centerville District Upon motion by Councilman Uhrin, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION (4:38.M.). Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel [Entered: 5:00 P.M. - Doctor's appointment for tests] (Closed Session: 4:40 P.M. - 5:45 P.M.) (Dinner: 5:45 P.M. - 6:00 P.M.) November 28, 2006 - 11 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL November 28, 2006 6:00 P.M. Mayor Meyer E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, November 28, 2006, at 6:00 PM, Council Members Present: William R. "Bill" DeSteph, Harry E, Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Reverend William Dyson Pastor, Mount Zion AME 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 accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. November 28, 2006 - 12 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 55822 Upon motion by Council Lady Wilson, seconded by Councilman Dyer, 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: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E, Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None November 28, 2006 RJESOLUTION 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 # 55821 Page 10) and in accordance with me provisions of The Virginia Freedom of Information A~ and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOJtY, THEREFORE, BE IT RESOL VEL>. That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ~-;?~ th Hodges Smith) MMC City Clerk November 28, 2006 - 13 - Item V-F.J. MINUTES ITEM #55823 Upon motion by Councilman Dyer, seconded by Councilman DeSteph, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of November 14, 2006. Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Abstaining: James L. Wood Council Members Absent: None Councilman Wood ABSTAINED as he was not in attendance during the City Council Session of November 14, 2006. His wife was undergoing surgery, November 28, 2006 - 14 - Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM #55824 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION November 28, 2006 - 15 - Item V.I. ORDINANCES/RESOLUTION ITEM #55825 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION Ordinances/Resolution la/b, 2 and 3 of the CONSENT AGENDA Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M, Dyer, Barbara M, Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 28, 2006 - 16 - Item V.I.J. ORDINANCES/RESOLUTION ITEM #55826 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinances to AMEND the City Code to comply with the State Code: a. REPEAL $$13-16 through 13-22 re Food Handler's Cards superseded by a Food Service Manager's Certification b. REORDAIN $16-39 re Spot Blight Abatement definition Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 28, 2006 1 2 3 4 5 6 7 8 AN ORDINANCE TO REPEAL CITY CODE SECTION 13-16 THROUGH 13-22, PERTAINING TO FOOD HANDLER'S CARDS FOR RESTAURANT EMPLOYEES Section Repealed: City Sections 13-16 to 13-22 Code 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 That Sections 13-16 to 13-22 of the City Code be, and 12 hereby are, repealed: 13 Chapter 13 FOOD AND FOOD ESTABLISHMENTS 14 ARTICLE II. FOOD H.~LER' S CMID FOR RESTl\.UR"\NT EUPLOYEES 15 See. 13 16. Defini..tion. 16 For the purpooeo of thio .:trticle, the ".:ord "reot.:tur.:tnt " 17 oh.:tll ffie.:tn .:tnd include .:tny reot.:tur.:tnt, coffee ohop, c.:tfeteri.:t, 18 ohort order c.:tfe, delic.:tteooen, luncheonette, hotel dining rOOffi, 19 t.:t7ern, b.:tr, o.:tnd".:ich ohop, ood.:t fount.:tin, ice cre.:tffi p.:trlor, 20 mobile or port.:tble food oecvTice truck, c.:tr, v.:tn or tr.:tiler .:tnd 21 .:tny other public e.:tting or drinking eot.:tbliohment or food 22 oer7ice .:tre.:t or ot.:tnd or public 7endor of food, by ~h.:ttever n.:tme 23 c.:tlled, excluding 7ending ffi.:tchineo, but including c.:ttering 24 oer7iceo, the dining .:tccommod.:ttiono of clubo, .:tll ot.:tte 25 inotitutiono .:tnd ochoolo .:tnd collegeo, both public .:tnd pri7.:tte. 26 Soe. 13 17. E][cmp'tion from artiele. 27 Thio ~rticle oh~ll not ~pply to f~cilitieo of public 28 oer;ioe oorpor~tiono under the juriodiction of the ot~te 29 corpor~tion eommiooion or to the employeeo of ouch f~oilitieo. 30 Seo. 13 18. Violations of artiolo. 31 ^ny peroon found to be in viol~tion of thio ~rticle oh~ll 32 be guilty of ~ Cl~oo 1 rniodeme~nor. E~ch d~y th~t ouch ~ 33 viol~tion exioto oh~ll conotitute ~ oep~r~te offenoe. 34 Seo. 13 19. Required. 35 (~) It oh~ll be unl~\:ful for ~ny peroon, \..hooe dutieo or 36 ~ctiono ~t ~ny time include the prep~r~tion or oerving of food, . , "" ~""e,.j1...1e+-s +-0 '..'o~k in or be 37 bever~geo, lce cre~m or oimi~~~ ~~ ~w ~, t ~ 38 El 13 t t tl:R:J:ess ~nd until ouch peroon h~o employe y ~ reo ~ur~n, .~----- 39 obt~ined ~nd h~o in hiD poooeooion, r,:hile on the premioeo, ~ 40 v~lid food h~ndler'o c~rd iooued by the director of public 41 he~lth. 42 (b) The o'.:ner ~nd m~n~ger of ~ reot~ur~nt oh~ll require 1-. . 1-. ,.j +-' "" ae+- "-ens a+- ~~.,! time 43 every employee tuereln, ,:11ooe ~U~leo o~ ~.:. u ~ rI.1 44 inolude the prep~r~tion or oerving of food, bever~geo, ice cre~m 45 or oirnil~r producto, to obt~in ~nd h~ve in hiD poooeooion, ~hile , ~ TyT~' ~,.j +oo,.j 1-.~~,.j'e~' 0 o~rd iooued by..' the 46 on the preffiloeo, :!::J::tl r tl n rIt::t:!: :l:C .1 47 direotor of public he~lth. 48 Seo. 13 20. Applioation} issuanoe. 2 49 }\pplic.::1tion for thc food h.::1ndler' 0 c.::1rd required by thio 50 .::1rticle oh.::1ll be filed ,;i th the director of public he.::1l th on 51 formo provided for th.::1t purpooe. Such c.::1rd oh.::1ll only be iooued 52 by the director of public he.::1lth .::1fter the .::1pplic.::1nt h.::1o 53 oucceoofully completed .::1 couroe of inotruction, .::1ppro7ed by the 54 public he.::1lth dep.::1rtment, in o.::1fe food h.::1ndling, .::1nd ouch x r.::1y, 55 l.::1bor.::1tory .::1nd phyoic.::1l e}{.::1min.::1tiono .::10 the director of public 56 he.::11th m.::1Y deem .::1d7io.::1ble. 57 Sec. 13 21. '1'0 boar holder':3 pieturc; term; roftc'llfal. 58 ~ food h.::1ndler'o c.::1rd iooued under thio .::1rticle oh.::1ll be.::1r 59 .::1 current picture of the individu~l to whom iooued .::1nd oh.::1ll be 60 v.::1lid for one ye.::1r from the d.::1te iooued. Rene~.::1l oh.::1ll be 61 .::1ccompliohed by oucceoofully completing .::1n eX.::1min.::1tion, prep.::1rcd 62 .::1nd .::1dminiotered by the public he.::1lth dep.::1rtment, on food 63 h.::1ndling, or by repe.::1ting completion of .::1 o.::1fe food h.::1ndling 64 inotruction couroe. 65 Sec. 13 22. Suoponoioft. 66 The director of public hC.::1lth ffi.::1Y DUGpcnd thc food 67 h.::1ndler' 0 c.::1rd of .::1ny peroon IJho iD found to be ouffering from .::1 68 communic.::1blc dioc~Dc or I,-ho refuDeD eX.::1min.::1tion to determine 69 I,-hcther Guch pcrDon iD Guffcring from .::1 cOHlffiunic.::1ble dioe.::1oe. 70 Secs. 13-16--13-22. Reserved. 3 71 72 Virginia, Adopted by the Council of the City of Virginia Beach, on the 28th day of November, 2006. 4 1 AN ORDINANCE TO AMEND AND REORDAIN SECTION 16- 2 39 OF THE CITY CODE, PERTAINING TO SPOT BLIGHT 3 ABATEMENT 4 5 SECTION AMENDED: 16-39 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 16-39 of the City Code is hereby amended and 11 reordained, to read as follows: 12 13 14 Sec. 16-39. Spot blight abatement. (a) The City of Virginia Beach, in accordance with Code of 15 Virginia sections 36-49.1: 1 et seq. may acquire or repair any 16 blighted property, as defined in (b) below, by exercise of the 17 powers of eminent domain provided in title 25.1 of Code of 18 Virginia, and further, shall have the power to hold, clear, repair, 19 manage, or dispose of such property for purposes consistent with 20 this section. In addition, the city may recover the cost of any 21 repair or disposal of such property from the owner, or owners of 22 record at their last known address as contained in the records of 23 the treasurer or the current real estate tax assessment records. 24 (b) "Blighted property" means any individual commercial, 25 industrial, or residential structure or improvement that endangers 26 the public's health, safety, or welfare because the structure or 27 improvement upon the property is dilapidated, deteriorated, or 28 violates minimum health and safety standards, or any structure or 29 improvement previously designated as blighted under the process for 30 determination of "spot blight". Blighted propertieD Jre thone Jrc~o 1 31 (including olum .:lrc.:lo) ',Ji th buildingo or improvcmcnto \Jhioh, by 32 rC.:l:Jon of dil.:lpid.:ltion, oboole:Jccnce, o7crorm:ding, f.:lul ty 33 .:lrr.:lngement of deoign, l.:lck of 7entil.:ltion, light .:lnd o.:lni t.:lry 34 f.:lcilitieo, exoeooi7e l.:lnd C07er.:lge, deleteriou:J l.:lnd U:JC or 35 oboolete l.:lyout, or .:lny combin.:ltion of thc:Jc or other f.:lctor:J, .:lre 36 detrimcnt.:ll to the o.:lfety, hC.:llth, mor.:llo or ~elf.:lre of thc 37 community. 38 (c) The city manager or his designee shall make a preliminary 39 determination that a property is blighted in accordance with this 40 section. The city manager or his designee shall notify the owner, 41 or owners of record as determined in (a) above, specifying the 42 reasons why the property is considered blighted. The owner or 43 owners shall have thirty (30) days from the date the notice is sent 44 within which to respond in writing with a spot blight abatement 45 plan to ~ address the blight within a reasonable time. A spot 46 blight abatement plan is a written plan prepared by the owner or 47 owners of record of the real property to address spot blight. 48 (d) If the owner or owners of record fail~ to respond within 49 the thirty-day period with a written spot blight abatement plan 50 that is acceptable to the city manager or his designee, the city 51 may (i) request the planning commission to conduct a public hearing 52 and make findings and recommendations that shall be reported to 53 ci ty council concerning the repair or other disposition of the 54 property in question and (ii) in the event a public hearing is 2 55 scheduled, shall prepare a written spot blight abatement plan for 56 the repair or other disposition of the property. 57 (e) No spot blight abatement plan shall be effective until 58 notice has been sent to the property owner or owners of record as 59 determined in (a) above and an ordinance has been adopted by city 60 council. Not less than three (3) weeks prior to the date of the 61 public hearing before the planning commission, the commission shall 62 provide by regular and certified mail, notice of such hearing to 63 (i) the owner of the blighted property or the agent designated by 64 him for receipt of service of notices concerning the payment of 65 real estate taxes within the locality; (ii) the abutting property 66 owners in each direction, including those proRerty owners 67 immediately across the street or road from the property; and (iii) 68 the representative neighborhood association, if any, for the 69 immediate area. The notice shall include the plan for the intended 70 repair or other disposition of the property. The notice of the 71 public hearing shall be published at least twice, with not less 72 than six (6) days elapsing between the first and second publication 73 in a newspaper published or having general circulation in the 74 locality in which the property is located. The notice also shall be 75 posted on the property. The notice shall specify the time and place 76 of the hearing at which persons affected may appear and present 77 their views, not less than six (6) days nor more than twenty-one 78 (21) days after the second publication. 3 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 (f) The planning commission, at this public hearing, shall determine whether: (1) The mmer h.:w f.:liled to cure the blight or preoent .:l re.:loon.:lble pl.:ln to do 00; The property is blighted; (2) The property io blighted; The owner has failed to cure the blight or present a reasonable plan to do so; (3) The plan for the repair or other disposition of the property is in accordance with the city's comprehensive plan, and the comprehensive zoning ordinances; and (4) The property is located wi thin an area listed on the National Register of Historic Places. In such instances, the planning commission shall consult with the architectural review board, regarding the proposed repair or other disposition of the property by city council. (g) The planning commission shall report its findings and recommendations concerning the property to city council. City council, upon receipt of such findings and recommendations, may after an advertised public hearing, affirm, modify, or reject the planning commission's findings and recommendations. If the repair or other disposition of the property is approved, the city manager or his designee may carry out the approved plan to repair or acquire and dispose of the property in accordance with the approved plan, the provisions of this section, and applicable law. If the ordinance is adopted by city council, the city shall have a lien on 4 103 all property so repaired or acquired under an approved spot blight 104 abatement plan to recover the cost of (i) improvements made by the 105 city to bring the blighted property into compliance with applicable 106 building codes and (ii) disposal, if any. The lien authorized by 107 this section shall be filed in the circuit court of the City of 108 Virginia Beach and shall be subordinate to any prior liens of 109 record. City council may recover its costs of repair from the owner 110 or owners of record of the property when the repairs were made at 111 such time as the property is sold or disposed of by such owner or 112 owners. If the property is acquired by the city through eminent 113 domain, the cost of repair may be recovered when city council sells 114 or disposes of the property. In either case, the costs of repair 115 shall be recovered from the proceeds of any such sale. 116 (h) If the blighted property is occupied for personal 117 residential purposes, city council, in approving the spot blight 118 abatement plan, shall not ~llo~ for the ~cquioition of acquire by 119 eminent domain such property if it would result in a displacement 120 of the person or persons living in the premises. The provisions of 121 this subsection shall not apply to acquisitions, under an approved 122 spot blight abatement plan, by the city of property which has been 123 condemned for human habitation for more than one year. In addition, 124 if the city is exercising the powers of eminent domain in 125 accordance with title 25.1 of Code of Virginia, it may provide for 126 temporary relocation of any person living in the blighted property 5 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 provided the relocation is within the financial means of such person. (i) In lieu of the acquisition of blighted property by the exercise of the powero eminent domain ~o herein pro~ided and in lieu of the exercise of other powers granted in subsections (a) through (g), city council by ordinance, may declare any blighted property to constitute a nuisance, and thereupon abate the nuisance pursuant to Code of Virginia section 15.2-900 or section 15.2-1115. Such ordinance shall be adopted only after written notice by certified mail to the owner or owners of the property at the last known address of such owner as shown on the current real estate tax assessment books or current real estate tax assessment records. (j) The provisions of this section shall be cumulative and shall be in addition to any remedies for spot blight abatement that may be authorized by law. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 28th day of November, 2006. 6 - 17 - Item V.I. 2. ORDINANCES/RESOLUTION ITEM #55827 Marjorie B. Smallie, Member - Historic Sites Organizing Committee, 3912 Richardson Road, Phone: 464-4818, expressed appreciation to City Council. Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AUTHORIZE the City Manager to enter into agreements for the purchase and acquisition of land and buildings and to TRANSFER and ACCEPT a Grant in the establishment of a capital project entitled "Colonial Education Center Construction and Property Acquisition" re Lynnhaven House Voting: 11-0 (By Consent) Council Members Voting Aye: William R, "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 28, 2006 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE APPROVING AND AUTHORIZING FOR PUBLIC PURPOSES THE ACQUISITION OF THE LYNNHAVEN HOUSE AND ADJACENT PROPERTY LOCATED AT 4401, 4405 and 4409 WISHART ROAD IN THE CITY OF VIRGINIA BEACH, VIRGINIA AND ESTABLISHING CAPITAL PROJECT NUMBER 3-073 "COLONIAL EDUCATION CENTER CONSTRUCTION AND PROPERTY ACQUISITION" 14 WHEREAS, the Lynnhaven House is a property listed 15 on the National Register of Historic Places (1969) located 16 at 4405 Wishart Road in the City of Virginia Beach, 17 Virginia (the "City") containing a total of approximately 18 1.861 acres, owned by the Association for the Preservation 19 of Virginia Antiquities ("APVA") and shown as "Parcel 1-B" 20 on the attached Exhibit Ai 21 WHEREAS, adjacent to Parcel 1-B is a 1.666 acre 22 parcel of property containing a residential cottage, owned 23 by the APVA and shown as "Parcel I-A" on Exhibit Ai 24 WHEREAS, also adjacent to Parcel 1-B is a 1.374 25 acre parcel of property containing the Colonial Education 26 Center, currently under construction, owned by Lynnhaven 27 House, LLC and shown as "Parcel 1-C" on Exhibit A. Parcel 28 I-A, Parcel 1-B and Parcel 1-C are referred to herein as 29 the "PropertY"i 30 WHEREAS, the APVA has agreed to convey fee simple 31 title to Parcel I-A to the City for the amount of $315,000; 32 WHEREAS, the APVA has agreed to lease Parcel 1-B 33 to the City for 99 years for $1.00 per year; 34 WHEREAS, Lynnhaven House, LLC has agreed to 35 convey fee simple title to Parcel 1-C to the City for the 36 amount of $220,000; 37 WHEREAS, the City desires to acquire the Property 38 as set forth above, upon completion of the Colonial 39 Education Center, and the City Council desires to enter 40 into agreements of sale, a lease and other agreements 41 necessary to acquire the Property; 42 WHEREAS, funding for the acquisition and lease of 43 the Property is included in CIP #4-004 (Open Space Program 44 Site Acquisition); 45 WHEREAS, the City Council desires to establish 46 CIP #3-073 (Colonial Education Center Construction and Land 47 Acquisition) to fund the acquisition, construction, exhibit 48 development, and other improvements for Lynnhaven House 49 WHEREAS, the Lynnhaven House has been awarded a 50 $250,000 reimbursement TEA-21 grant for construction and 51 design of a Water Transportation Museum Exhibit in the 52 Colonial Education Center and the City is required to be 53 the project sponsor; 54 WHEREAS, a required in-kind match of $50,000 55 (20%) for the TEA-21 grant from non City funds will be 56 provided through monies spent on building construction and 57 services rendered; 58 WHEREAS, the City Council desires to provide a 59 grant in the amount of $141,100 and accept and appropriate 60 a $75,000 reimbursement grant from the Commonwealth of 61 Virginia to Lynnhaven House, LLC to complete construction 62 of the Colonial Education Center; 63 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF 64 THE CITY OF VIRGINIA BEACH, VIRGINIA, 65 1. That the City Council authorizes the 66 acquisition, by purchase, for public purposes of the 1.666 67 acre parcel of property containing a historic residential 68 cottage, owned by the APVA and shown as "Parcel I-A" on 69 70 Exhibit A. 2. That the Ci ty Council authorizes the 71 acquisition, by purchase, for public purposes of the 1.374 72 acre parcel of property containing the Colonial Education 73 Center, currently under construction, owned by Lynnhaven 74 House, LLC and shown as "Parcel 1-C" on Exhibit A. 75 3. That the City Council authorizes the lease 76 of the 1.861 acre Lynnhaven House parcel, owned by the 77 Association for the Preservation of Virginia Antiquities 78 ("APVA") and shown as "Parcel 1-B" on the attached Exhibit 79 A. 80 4. That the City Manager or his designee is 81 authorized to execute on behalf of the City of Virginia 82 Beach an Agreement of Sale for the purchase of the Parcel 83 1-A for the sum of $315,000 and in accordance with the 84 terms contained in the Summary of Terms attached hereto as 85 Exhibit B. 86 5. That the City Manager or his designee is 87 authorized to execute on behalf of the City of Virginia 88 Beach an Agreement of Sale for the purchase of the Parcel 89 1-C for the sum of $220,000 and in accordance with the 90 terms contained in the Summary of Terms attached hereto as 91 92 Exhibit B. 6 . That the City Manager or his designee is 93 authorized to execute on behalf of the City of Virginia 94 Beach a Lease for Parcel 1-B in accordance with the terms 95 contained in the Summary of Terms attached hereto as 96 Exhibi t B. 97 7 . That the City Manager or his designee is 98 authorized to execute all documents that may be necessary 99 and appropriate in connection with the purchase of Parcel 100 I-A and Parcel l-C and for the lease of Parcel I-B so long 101 as such documents are acceptable to the City Manager and 102 the City Attorney. 103 8 . That CIP #3-073, "Colonial Education 104 Center Construction and Land Acquisition" is hereby 105 established in the FY 2006-07 Capital Budget to fund the 106 acquisition, construction, exhibit development, and other 107 improvements for Lynnhaven House. 108 9. That CIP #3-073, "Colonial Education 109 Center Construction and Land Acquisition" is hereby amended 110 for the purposes and amounts set forth below: 111 112 113 114 115 116 117 118 119 120 121 122 a. $141,100 #3-368, b. $535,000 #4-004, is hereby transferred from CIP "Various Site Acquisitions." is hereby transferred from CIP "Open Space Program Site Acquisition." c. That $250,000 of TEA-21 funding is hereby accepted and appropriated for construction and design of a Water Transportation Museum Exhibit, with federal revenue increased accordingly. d. Tha t $75,000 is hereby accepted and the APVA Preservation appropriated from 123 Virginia, with local revenue increased 124 accordingly. 125 10. That the City Council authorizes a grant to 126 Lynnhaven House, LLC in the amount of $216,100 from CIP #3- 127 073, which includes $141,100 of City funds and a $75,000 128 reimbursement grant from the Commonwealth of Virginia, to 129 complete construction of the Colonial Education Center. 130 131 Adopted by the Council of the City of Virginia 132 Beach, Virginia, on the 28th day of November 133 2006. CA10106 11/20/2006 R-1 V:\applications\citylawprod\cycom32\Wpdocs\D015\P001\OO023536.DOC APN~:QNT' Department of Museums APPROVED jj APPROVED AS SUFFICIENCY: TO LEGAL EXHIBIT A PARCEL DESCRIPTION PARCEL I-A Cottage Parcel 1.666 acre designated as Parcel I-A on that certain plat entitled, ~Subdivision of Property of Association for the Preservation of Virginia Antiquities" recorded in the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 200404230063893. PARCEL I-B Lynnhaven House (historic structure) 1.861 acres designated as Parcel aforementioned plat. I-B on the PARCEL l-C Colonial Education Center 1.374 acres designated aforementioned plat. as Parcel l-C on the EXHIBIT B SUMMARY OF TERMS Parcell-A: . 1.67 acres . Owned by APV A . Contains 1000 square foot residence currently under lease to City employee (expires 03/07) . City to acquire by purchase for $315,000 (appraised value as of 7/05) . Closing to occur upon receipt of C/O for CEC building . To be rezoned to P-l Parcell-B: . 1.86 acres . Owned by APV A . Contains historic Lynnhaven House - currently under City management pursuant to a Management and Operating Agreement (expires 3/31/07) . APV A needs approval from all original grantors (or their heirs) in order to convey - does not have all approvals . City to enter into 99-year lease for nominal rent (City pays costs to maintain and operate) . Commencement of lease to occur upon receipt of C/O for CEC building . City has right to purchase property for $1.00 if/when APV A able to convey . APV A to transfer collection of antique furnishings and objects located in the historic house to the City - City to give APV A right of first refusal should City wish to transfer any collection item to a third party . To be rezoned to P-l Parcell-C: . 1.37 acres . Owned by Lynnhaven House, LLC . Contains 4100 square foot Colonial Education Center Building is substantially complete (subject to punch list), but no C/O because site work and utility connections not complete $251,100 = budgeted cost to complete and obtain C/O APV A has $35,000 available in cash, and an additional $75,000 available as a state historic preservation grant (reimbursement grant - requires 1:1 match) - total of$110,000 . City to grant $216,100 to Lynnhaven House, LLC to complete building and obtain C/O $75,000 to be paid back to City upon APV A receipt of funds from reimbursement grant Lynnhaven House, LLC to deliver Note for $75,000 upon closing of acquisition of property if $75,000 not yet paid to City $141,100 = actual out of pocket for City . City to purchase property for $220,000 (line of credit balance) . Closing to occur upon receipt of C/O for CEC building . To be rezoned to P-l - 18 - Item VoI.3. ORDINANCESIRESOLUTION ITEM #55828 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Resolution to RENAME the Shore Drive Advisory Committee to Bayfront Advisory Committee and EXTEND its service to June 30, 2009 Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 28,2006 1 2 3 RESOLUTION EXTENDING AND RENAMING THE SHORE DRIVE ADVISORY COMMITTEE 4 WHEREAS, in February of 1998, the City Council of the City 5 of Virginia Beach established the Shore Drive Advisory Committee 6 (the "SDAC"); 7 WHEREAS, the SDAC continues to perform its duties and 8 responsibilities and performs a vital function assisting the 9 Council in determining the appropriate course of action to take 10 with respect to the Shore Drive Corridor; and 11 WHEREAS, the SDAC, with citizen input, has determined that 12 a more appropriate name for the Shore Drive area is the 13 "Bayfront" in reference to its close connection to the 14 Chesapeake Bay, and it desires that its name be changed to 15 reflect this designation. 16 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA: 18 1. That City Council hereby changes the name of the Shore 19 Drive Advisory Committee to the Bayfront Advisory Committee; and 20 2. That City Council hereby extends the Bayfront Advisory 21 Committee ("BAC") until June 30, 2009. 22 Adopted by the Council of the City of Virginia Beach, 23 Virginia, on the 28th day of November, 2006. CA-10194 V:\applications\citylawprod\cycom32\Wpdocs\D019\P001\O0022257.DOC R-2 October 19, 2006 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~ H-o' Planning Department 2 - 19 - Item V-J. PLANNING ITEM # 55829 1. JAMES L. and EDYTH A. PAXTON VARIANCE and CAROLYN P. JOYNER 2. a. RICHMOND 20MHz, LLC dba NTELOS MODIFICATION OF CONDITIONS (Approved August 14, 2001) b. PHILLIPS MOTORS OF VIRGINIA BEACH, INC. MODIFICATION OF CONDITIONS (Approved November 9, 2004) 3. JAMES E. and VIRGINIA L. OWENS DELETE Proffer No.1 and MODIFY Proffer No.2 (Approved January 14, 1980) 4. T-MOBILE NORTHEAST, LLC CONDITIONAL USE PERMIT 5. FF ACQUISITION, LLC CONDITIONAL USE PERMIT 6. KEMP ENTERPRISES, INC. CONDITIONAL CHANGE OF ZONING November 28, 2006 - 20 - Item V.J. PLANNING ITEM#55830 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED Items 1, 2a/b., 3, 4 and 5 of the PLANNING BY CONSENT AGENDA. Voting: 11-0(By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Council Lady Henley voted a VERBAL NAY on Item J.5(FFACQUISITION,LLC) November 28, 2006 - 21 - Item v'J.J. PLANNING ITEM # 55831 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED the application of JAMES L, and EDYTH A. PAXTON and CAROLYN P. JOYNERfor a Variance re lot size to 94.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirement of the City Zoning Ordinance: Subdivision Variance for James L. and Edyth A. Paxton and Carolyn P. Joyner to create one (1) lot, The proposed lot does not meet minimum lot width requirements, Property is located at 2821 North Landing Road (GPINs 1493485970,' 1493495579). DISTRICT 7 - PRINCESS ANNE It is the intent of the applicant to subdivide one (1) acre from the Residual Parcel and a portion of Parcel D. The boundaries of Parcel D will be modified to maintain its existing size of 1.05 acres. The proposed new lot (Parcel E) has 105.27 feet offrontage on North Landing Road and 100feet of lot width at the front yard setback. The required lot width for the Agricultural Zoning Districts is 150 feet. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 28, 2006 - 22- Item V, J.2. a. PLANNING ITEM # 55832 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council MODIFIED Conditions upon the application of RICHMOND 20MHZ, L.L. C. DBA NTELOS for a Conditional Use Permit (Approved August 14, 2001) to allow a IO-foot extension of a communications tower with a maximum height of one hundred (100) feet. ORDINANCE UPON APPLICATION OF RICHMOND 20MHZ, L.L.c. DBA NTELOS FOR A MODIFICATION OF THE CONDITIONS OF A USE PERMIT GRANTED BY THE CITY COUNCIL ON AUGUST 14,2001 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Richmond 20MHz, L.L. C. dba NTELOS for a Modification of the Conditions of a Use Permit granted by the City Council on August 14, 2001, for a wireless communication tower. The property is located at 2100 McComas Way (GPIN 2414072637). DISTRICT 7 - PRINCESS ANNE 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 August 14,2001, shall remain in affect. 2. Condition Number 1 of the August 14,2001, Conditional Use Permit is deleted and replaced with the following: The tower shall be designed as a stealth monopole tower no greater than 100 feet in height as shown on the site plan by JM&T Engineering, dated July 27, 2006, exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 28, 2006 - 23 - Item v.J. 2. b. PLANNING ITEM # 55833 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council MODIFIED Conditions upon the application of PHILLIPS MOTORS OF VIRGINIA BEACH, INC. for a Conditional Use Permit (Approved November 9, 2004) to allow an additional reception area and expand the rear of the buildingfrom one to two stories re an automobile sales facility. ORDINANCE UPON APPLICATION OF PHILLIPS MOTORS OF VIRGINIA BEACH, INC. FOR A MODIFICATION OF THE CONDITIONS ATTACHED TO A USE PERMIT GRANTED BY THE CITY COUNCIL ON NOVEMBER 9,2004, ALLOWING EXPANSION OF AN EXISTING MOTOR VEHICLE SALES FACILITY BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Phillips Motors of Virginia Beach, Inc. for a Modification of the Conditions attached to a Use Permit granted by the City Council on November 9, 2004, allowing expansion of an existing motor vehicle sales facility. Property is located at 4980 Virginia Beach Boulevard (GPIN 1477053539). DISTRICT 4 - BAYSIDE The following conditions shall be required: 1. All conditions, with the exception of Numbers 1 and 2 attached to the Conditional Use Permit granted by the City Council on November 9, 2004, shall remain in affect. 2. Condition Number 1 of the November 9, 2004, Conditional Use Permit is deleted and replaced with the following: The site shall be developed substantially in conformance with the submitted plan entitled, "Conceptual Site Layout of Phillips Volvo," prepared by MSA, pc., dated September 5, 2006, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department 3. Condition Number 2 of the November 9,2004, Conditional Use Permit is deleted and replaced with the following: The proposed building additions, identified on the site plan described in Condition 1, shall be built in substantial conformance with the elevations entitled, "Proposed Elevations for Phillips Volvo, Service Reception Bay and Service Expansion Bay," dated September 25,2006. 4. Final occupancy shall not be granted on any building addition until the bulk storage yard is improved and constructed as depicted on the concept layout plan identified in Condition Number 2 above. November 28, 2006 - 24- Item V, J.2. b. PLANNING ITEM # 55833 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: William R, "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L, Wood Council Members Voting Nay: None Council Members Absent: None November 28, 2006 - 25 - Item V.J.3. PLANNING ITEM # 55834 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DELETED Proffer No.1 and MODIFIED Proffer No. 2 upon application of JAMES E. OWENS and VIRGINIA L. OWENS for a Change of Zoning (Approved January 14, 1980) to allow continued use of the property known as the "Carraway House" as a real estate office and retail shop at 317 South Witchduck Road. Ordinance upon application of James E. Owens and Virginia L. Owens for a Modification of the Proffers of a Change of Zoning approved by City Council on January 14, 1980. Property is located at 317 South Witchduck Road). DISTRICT 2 - KEMPSVILLE Proffer 1 of the 1980 rezoning allows only those uses that are permitted in the R-5R Residential District on the site. The applicants, however, recently discovered that they have been unknOWingly operating a real estate office on the site for approximately twelve years; thus, deletion of Proffer 1 is requested. If the structure on the site is restored to its original appearance, Proffer 2 also allows the property to be used as a retail shop for the sale of antique, antique reproductions and related items and accessories, Since the applicants now operate a real estate office on the site, they request Modification of Proffer 2 to allow the continuation of the real estate business or other similar unobtrusive office uses, such as a business studio, an office or a clinic, all of which have equal to or less intensity than the currently operating real estate office. The following condition shall be required: 1. Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E, Oberndoif, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 28, 2006 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6521 DATE: November 14, 2006 TO: FROM: Leslie L. LilJe~ B. Kay Wilson" DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application: James E. and Virginia L. Owens The above-referenced conditional zoning application is scheduled to be heard by the City Council on November 28,2006. I have reviewed the subject proffer agreement, dated June 28, 2006 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/als Enclosure cc: Kathleen Hassen FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS JAMES E. OWENS and VIRGINIA L. OWENS, husband and wife TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 28th day of June, 2006, by and between JAMES E. OWENS and VIRGINIA L. OWENS, husband and wife, Grantors; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: .",~ WHEREAS, the Grantors are the owners of that certain parcel of property located in the Kempsville District of the City of Virginia Beach, Virginia, commonly known as 317 S. Witchduck Road, containing approximately 0.839 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference said property hereinafter referred to as the "Property"; and WHEREAS, the Grantors have initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the B-2 Zoning Classification of the Property; and WHEREAS, the Grantors have requested Grantee to permit this modification of the previously proffered Covenants, Restrictions and Conditions dated November 17, 1980 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Deed Book 2068, at Page 76 (hereinafter "1980 Proffers"), to reflect amendments applicable to the land use plan on the Property; and GPIN: 1467-70-6098 PREPARED BY: [3 SYKIS. IlOURDON. II A.l!t:RN &. 1M. P.c. 1 WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowled~e that the competing and s?metimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed modification of conditions to the zoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: PREPARED SY: 1. Proffer number "I" in the 1980 Proffers is hereby deleted and acknowledged to be inapplicable to the Property. 2. Proffer numbered "2" in the 1980 Proffers is amended to read: The Property may be used as a retail shop for the sale of antiques, antique reproductions and related items and accessories, business studios, offices and clinics. 3. All of the terms, conditions, covenants, servitudes and agreements set forth in the 1980 Proffers recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2068, at Page 76, save and except, Proffers 1 and 2, as 13 SYKES. ROURDON. [J A 'ItRN & LEVY. P.c. 2 PREPARED BY: specifically deleted, amended and modified herein, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantors, their heirs, personal representatives, assigns, tenants, and other successors in interest or title. The Grantors further covenant and agree that: All references hereinabove to the B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; ;) SY1(j;:S, QOURDON. I A 111::RN & Uvy, p,c. 3 (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. PREPARED BY: :3 SYICfS. nOURDON. [J A 'll;:RN & 1M. P.c. 4 PREPARED BY: !a SillS. IlOURDON. Ili lImN &. LM. P.C WITNESS the following signature and seal: Grantors: /1 ;? /Z7 d?/l~"--<-'" (" .r:;j'-;"LY..4C/i-/ (SEAL) // . d/ James E. Owens ._/~ J ~ ~ ~ ~ (SEAL) VirgInIa L. Owens STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 29th day of June, 2006, by James E. Owens and Virginia 1. Owens, husband and wife, Grantors. 1: dr I ~ J{}f_A t6- ;/:U/ cf',. , I/! Cpt _?/ Notary Public My Commission Expires: August 31, 2006 5 - 26- Item V.J.4. PLANNING ITEM # 55835 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of T-MOBILE NORTHEAST, L.L. C. for a Conditional Use Permit for a wireless communications tower: ORDINANCE UPON APPLICATION OF T-MOBILE NORTHEAST, L.L.c. FOR A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS TOWER R0110634190 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of T-Mobile Northeast, L.L. C. for a Conditional Use Permit for a wireless communications tower on property located at 1200 Communications Circle. DISTRICT 4 - BAYSIDE The following conditions shall be required: 1. The site and tower shall be developed substantially in accordance with the submitted development plans entitled "T-MOBILE NORTHEAST, LLC, SALTWATER LLC, DROP & SWAP, site number VA50499-B ", prepared by ALLPRO Consulting Group, Inc., and dated May 15, 2006. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning. 2. The proposed tower and equipment shed shall be designed to accommodate three users. 3. The Director of Planning may allow the installation of a type of antenna different from that shown on the plans described in Condition 1 if the Director determines that the proposed antenna type will not result in any undue impact beyond the antenna type shown in the plan described in Condition 1 and a structural report is submitted from a licensed structural engineer stating that the tower, with the proposed antennas, meets the structural standards established by the Electronics Industry Association and the local building code. 4. The proposed tower shall not exceed one hundred twenty (120) feet in overall height, and shall be a monopole that meets or exceeds the structural criteria in the zoning ordinance. 5. In addition to the NIER letter filed with this application, the applicant shall also provide a letter from a licensed radio frequency engineer noting that the cumulative non-ionizing electromagnetic radiation emitted from the tower does not exceed at ground level the lowest applicable standards established by the Federal government or the American National Standards Institute. 6, Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study (RF study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the original tower andfor all subsequent users. November 28, 2006 - 27 - Item v'J.4. PLANNING ITEM # 55835 (Continued) 7, In the event inteiference with any City emergency communications facilities arises from the user(s) of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the inteiference. If the inteiference cannot be eliminated within a reasonable time, the user shall cease operation to the extent necessary to stop the inteiference. 8. In the event that antennae on the tower are inactive for a period of two years, the tower shall be removed at the applicant's expense. 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-eight of November Two Thousand Six Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None November 28, 2006 - 28- Item V.J.5. PLANNING ITEM # 55836 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of FF ACQUISITION, LLC for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF FF ACQUISITION, L.L.c. FOR A CONDITIONAL USE PERMIT FOR FUEL SALES ROll 0634191 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of FF Acquisition, L.L. C. for a Conditional Use Permit for fuel sales on property located at 1021 Independence Boulevard (GPIN 1478464114). DISTRICT 4 - BAYSIDE The following conditions shall be required: I. The proposed canopy and fueling stations shall be located substantially as depicted on the submitted "Exhibitfor Farm Fresh - Gas Pumps, Haygood Shopping Center, Independence Boulevard and Haygood Road, Virginia Beach, VA ", prepared by MSA, P.c., and dated July 25,2006, which has been exhibited to the Virginia Beach City Council, and is on file with the Virginia Beach Department of Planning. 2. The canopy shall be constructed in substantial conformance with the rendering submitted with the Use Permit application. The canopy shall be constructed with a standing seam metal roof and brick columns that match the existing shopping center far;ade. Said rendering has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. There shall be no signage, lettering, clocks, striping or logo recognition (either through the use of slogans, lettering or colors) on any part of the canopy, including the canopy supports. The canopy shall remain clear of any advertisement except for the sign identifYing the operator. 4. The applicant shall provide a photometric plan for review and approval by City staff Flush-mounted or full cut-off lenses shall be used for the canopy lighting. Canopy lighting levels shall be a maintained average of thirty -foot candles (30). All lighting on the site should be consistent with those standards recommended by the Illumination Engineering Society, 5. There shall be no outdoor vending machines, ice boxes or the display of merchandise anywhere within the facility area, 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-eight of November Two Thousand Six November 28, 2006 - 29- Item v.J. 5. PLANNING ITEM # 55836 (Continued) Voting: 10-1 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Barbara M. Henley Council Members Absent: None November 28, 2006 - 30- Item v.J. 6. PLANNING ITEM # 55837 Attorney R. E. Bourdon, Phone; 499-8971, represented the applicant, advised the applicant is required to provide curb and gutter, sidewalks and streets lights on the entire frontage. A right-of-way dedication of 20,000 square feet will be provided along Bonney Road The entire site will be landscaped, Robert Scott, Director of Planning, advised turn lanes will be added in and out of the property and no more lanes will be added to Bonney Road by the applicant. Upon motion by Councilman Diezel, seconded by Councilman Wood, City Council ADOPTED an Ordinance upon application of KEMP ENTERPRISES, INC. for a Conditional Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF KEMP ENTERPRISES, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R- 5D RESIDENTIAL DUPLEX DISTRICT TO CONDITIONAL A-24 APARTMENT DISTRICT Z011061270 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Kemp Enterprises, Inc. for a Change of Zoning District Classification from R-5D Residential Duplex District to Conditional A-24 Apartment District on property located on the south side of Bonney Road, approximately 540 feet east of Kenley Road (GPINs 1477009836; 1477009521; 1477100757; 1477101774; 1477101694; 1477007840 - portion of). DISTRICT 2 - KEMPSVILLE. 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-eight of November Two Thousand Six Voting: 10-1 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: None November 28, 2006 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6214 DATE: November 14, 2006 TO: FROM: Leslie L. Lilley 8. KaYWiISOn~ DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application: Kemps Associates The above-referenced conditional zoning application is scheduled to be heard by the City Council on November 28,2006. I have reviewed the subject proffer agreement, dated April 20,2006 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. 8 KW/als Enclosure cc: Kathleen Hassen PREPARED BY: ~.13 SYKIS. ROVRDON, mp .\9ruN & lM.P.c. KEMP ENTERPRISES, INC., a Virginia corporation SOPHIA E. CHRISTIAN TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 20th day of April, 2006, by and between KEMP ENTERPRISES, INC., a Virginia corporation, party of the first part, Grantor; SOPHIA E. CHRISTIAN, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of that certain real property located in the Kempsville District of the City of Virginia Beach, containing approximately 1.044 acres as more particularly described as Parcel 6 in the attached Exhibit "A". Parcel 6 and the other parcels as hereinafter described are hereinafter collectively referred to as the "Property"; and WHEREAS, the party of the first part, as the Contract Purchaser of Parcel 6 and the Owner of five (5) additional, contiguous parcels of land located in the Kempsville District of the City of Virginia Beach, containing approximately 4.958 acres as more particularly described in Exhibit" A", which is attached hereto and incorporated herein by reference (the "Property"), has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-5D Residential District to Conditional A-24 Apartment District; and GPIN: 1477-10-1694 1477-10-1774 1477-10-0757 1477 -00-9836 1477-00-9521 1477 -00- 7840 (Part) 1 PREPARED BY: MIH SYKt:S. ROURDON. m.- AllrnN & Lm. P.L WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the A-24 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its goveming body and without any element of compulsion or Quid pro QUO for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govem the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed, the entrance, streets, landscaping, fencing and open space features shall be substantially in accordance with the "Rezoning Exhibit of KEMPS GATE", pages 1 and 2, dated 01/12/06, prepared by 2 l'f:t"c ::.'\ PREPARED BY, ~m SYKfS. QOlmDON. ISO AYmN & LM. P_C Kellam-Gerwitz Engineering, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department' of Planning ("Concept Plan"). 2. Vehicular Ingress and Egress shall be Via one (1) entrance from Bonney Road as depicted on the Concept Plan. 3. When the Property is developed, there will be no more than fifty-five (55) residential condominium units, each of which shall have a garage, within eleven (11) buildings as depicted on the Concept Plan. 4. When the Property is developed, the residential structures depicted on the Concept Plan shall have the architectural design and utilize the building materials substantially as depicted and designated on the three (3) page exhibit entitled "Rezoning Exhibit of Kemps Gate", undated, prepared by Richard L. Grimstead, A.LA., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department ("Elevations"). 5. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, , shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and execu ted by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or 3 PREPARED BY: (3JB SYKIS. DOURDON. &Jill MlrnN &. LM. P.C resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: ( 1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for pu blic inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. 4 PREPARED BY: 53.m SYIC[S. gOlillDON. mll4Y~RN & I.M. p,c. WITNESS the following signature and seal: Grantor: (SEAL) STATE OF VIRGINIA CI1Y OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 2.Qt..!:L day of April, 2006, by George Kemp, President of Kemp Enterprises, Inc., a Virginia corporation, Grantor. ~I /i . {l ~-, '- 'I / / , , tI/1 (~( ,{7 rk _. Notary Public My Commission Expires: August 31, 2006 5 PREPARED BY: (;J13 SYKES. ROURDON. llll AlImN &. I.M. P.c. WITNESS the following signature and seal: Grantor: /1 Il . , / ~ 8, r)/. 11 i /4- . -:>, l W'-<<!~_. Sophia E. Christian STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: (SEAL) The foregoing instrument was acknowledged before me this 26th day of April, 2006, by Sophia E. Christian, Grantor. A~tj My Commission Expires: August 31, 2006 L i( - t{! I /J - 1\.. )')/7 .t?lJ<--r./ Notary Public 6 PREPARED BY- (;JI3 s~rs. IlOURDON. mp 4HrnN &. 1m. P.C EXHIBIT" A" PARCEL 1: All of that certain lot of land, being near the Village of Kempsville in Princess Anne County, Virginia, known as Lot "B" accordance to the plat of Russell Sheppard property dated April 18, 1957, made by W.B. Gallup County Surveyor, consisting of one (1) acre more or less; it also being a part of a plat known as Block Number fourteen (14) Map of A.W. Comick's Kempsville Farm, Princess Anne County, Virginia surveyed January 1900, by E.G. Foreman, C.E. which said plat is recorded in the Clerk's Office of the Circuit Court of Princess Anne County, Virginia, in Map Book 9 at Page 43. GPIN: 1477-10-1694 PARCEL 2: All of that certain lot of land, being near the Village of Kempsville in Princess Anne County, Virginia, known as Lot "C" accordance to the plat of Russell Sheppard property dated April 18, 1957, made by W.B. Gallup County Surveyor, consisting of one (1) acre more or less; it also being a part of a plat known as Block Number fourteen (14) Map of A.W. Comick's Kempsville Farm, Princess Anne County, Virginia surveyed January 1900, by E.G. Foreman, C.E. which said plat is recorded in the Clerk's Office of the Circuit Court of Princess Anne County, Virginia, in Map Book 9, at Page 43. GPIN: 1477-10-1774 PARCELS 3 & 4: ALL THOSE certain lots, pieces or parcels of land, lying, situate and being in the City of Virginia Beach, Virginia, containing 2.486 ACRES, MORE OR LESS, and being known, numbered and designated as "UNNAMED PARCEL ANDREW REID, ET AL (WB 84, PG 2225 erroneously referred to as being in DB 84, PG 2225) (WB 67, PG 1961, erroneously referred to as being in D.B. 67, PG 1961) (MB 43, PG 41) GPIN 1477-00-9836 AREA = 108,284 SF OR 2.486 AC" and "ANDREW REID (WB 84, PG 861, erroneously referred to as being in DB 84, PG 862( (MB 43, PG 41) GPIN 1477 10 0757", as shown on that certain plat entitled "PHYSICAL SURVEY & BOUNDARY PLAT OF PROPERTY OF ANDREW REID 'PROPERTY OF RUSSELL SHEPPARD A PART OF TRACT NO. 14- A.W. CORNICK'S KEMPSVILLE FARM' (MB 43, PG 41)", made by Miller-Stephenson & Associates, P.C., dated December 17, 1997, which said plat is duly recorded in the Clerk's Office of the 7 Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 3828, at Page 777. GPIN: 1477-10-0757 1477 -00-9836 PARCEL 5: All that piece or parcel of land, together with all improvements thereon and appurtenances thereto, situate, lying and being in the City of Virginia Beach, Virginia and being known, numbered and designated as "Parcel D-2" as shown on that certain plat entitled "Resubdivision of Parcels D, F & G of Tract No. 14 - A. W. Cornick's Kempsville Farm (M.B. 43, P 41)", prepared by Kellam-Gerwitz Engineering, inc. which plat is duly recorded in the Clerk's office of the City of Virginia Beach, Virginia as Instrument No. 200401200010194, and being more particularly described as follows: Beginning at a pin found at the easterly corner of the subdivision of Kemps Cove (MB. 301, P. 79), said comer also being along the northerly line of the property now or formerly of Wilmure & Rosa M. Burden (M.B. 200, P. 16), thence heading N 39 degrees 07' 13" W a distance of 218.53' along the northeasterly line of Kemps Cove to a point; thence departing said line of Kemps Cove heading N 50 degrees 24' 47" E a distance of 150.00' to a point in the southwesterly line of the property now or formerly of Retail Financial Services; thence heading S 39 degrees 07' 33" E a distance of 18.53' to a set pin on concrete along the line of the property now or formerly of Victor Lambert; thence heading S 50 degrees 52' 47" W a distance of 55.00' to a set pin in concrete; thence heading S 39 degrees 07' 13" E a distance of 200.00' to a set pin on concrete along the aforesaid line of Burden; thence heading S 50 degrees 52' 47" W a distance of 95.00' to the point of beginning. Said parcel containing exactly 0.500 acres. GPIN: 1477-00-9521 PARCEL 6: ALL THAT tract or parcel of land situate in the City of Virginia Beach, Commonwealth of Virginia and described as follows: Commencing at a point in the Southerly bounds of Bonney Road (MB 43, PG 41 & MB 200, PG 16) said point being 206.11' Southeasterly of the Northeasterly intersection of Kenley Road and Bonney Road as measured along the Northerly bounds of Bonney Road, said point also being the Northeasterly comer of Parcel E (N/F Kirk Davis, MB 43, PG 41); thence along the Easterly bounds of Parcel E and the Westerly PREPARED BY: bounds of Parcel D1 (Inst. No. 200401200010194), S 39 degrees 07' 13" E, 531BSms. ROURDON. 260.35'; thence S 50 degrees 52' 47" W, 75.00' to a point in the Easterly bounds milAHI:RN & Lm.P.c. of Kemps Cove (MB 301, PG 79); thence along the easterly bounds of Kemps Cove, S 39 degrees 07' 13" E, 81.62' to the point of beginning; thence N 50 8 PREPARED BY: ~.m SYI\IS. IWURDON. WI A1IrnN &. UTI. P.C degrees 52' 47" E, 150.00' to a point said point being the Southwesterly corner of Parcel 8 (DB 4467, PG 1066); thence S 39 degrees 07' 13" E, along the Southwesterly bounds of Parcel 8 and Parcel 8A {DB 4467, PG 1066)M 303.17' TC the Northeasterly corner of Parcel D2 (Inst. No. 200401200010194); thence S 50 degrees 52' 47" W 150.00' to the Northwesterly corner of Parcel D2 and the Easterly bounds of Kemps Cove; thence along the Easterly bounds of Kemps Cove N 39 degrees 07' 13" W 384.79' to the point of beginning, containing 1.044 acres of land. GPIN: 1477-00-7840 (Part) ConditionalRezone / KempEnterprises /KempsGate / ProfIer2 Rev.4/20/06 9 - 31 - Item V.K.l. APPOINTMENTS ITEM # 55838 BY CONSENSUS, City Council RESCHEDULED: EMPLOYEE BENEFITS TASK FORCE HAMPTON ROADS ECONOMIC DEVELOPMENT AUTHORITY (HREDA) INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA OPEN SPACE ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE PLANNING COMMISSION November 28, 2006 - 32 - Item v'K.2. APPOINTMENTS ITEM # 55839 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Buildinl! Division Thomas Atherton, III Ruth W. Bell G. Gregory Johnson Jimmie A. Koch Morton H. Savell Electrical Division Gary Smith Michael G. Swindell James S. Witcher New Construction Division William M.Davenport Chis Ettel Kenneth Rodman, Jr. Rick Savino Robert L. Yoder Plumbinl!lMechanical Division Travis Chick Richard S. Corner Donald D. Jones, Sr. Peter C. Striffler James D. Wells 2-year Term 01/01/07 -12/31/08 BOARD OF BUILDING CODE APPEALS Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel November 28, 2006 - 33 - Item V.K.3. APPOINTMENTS ITEM # 55840 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Floyd E. Waterfield, Jr. 5-year Term 01/01/07 -12/31/11 BOARD OF ZONING APPEALS (BZA Voting: 10-0 Council Members Voting Aye: William R, "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel November 28, 2006 - 34- Item V.K.4. APPOINTMENTS ITEM # 55841 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: William Din AND, REAPPOINTED: Dale Jv. Tyree 3-year. Term 01/01/07 -12/31/09 CHESAPEAKE BAY PRESERVATION AREA BOARD Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel November 28, 2006 - 35 - Item V.K.5. APPOINTMENTS ITEM # 55842 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Marianne Dyson 2-year Term 1/1/07 -12/31/08 COMMUNITY POLICY AND MANAGEMENT TEAM (CSA) Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel November 28, 2006 - 36 - Item V.l(.6. APPOINTMENTS ITEM # 55843 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Raymond H. Kirby Madelyn H. Reass Helen P. Shropshire 3-year Term 01/01/07 -12/31/09 COMMUNITY SERVICES BOARD (CSB) Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R, Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel November 28, 2006 - 37 - Item V.K. 7. APPOINTMENTS ITEM # 55844 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Ted Logue President - Virginia Beach Retailers 3-year Term 01/01/07 -12/31/09 RESORT ADVISORY COMMISSION - RAC Voting: 10-0 Council Members Voting Aye: William R, "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel November 28, 2006 - 38 - Item V,K 8. APPOINTMENTS ITEM # 55845 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Molly Brown Unexpired Term thru 9/30/08 Nils Bahringer - Alternate Unexpired Term thru 9/30/09 WETLANDS BOARD Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 28, 2006 - 39 - Item V. M.l. NEW BUSINESS ITEM # 55846 BY CONSENSUS, City Clerk to Record: ABSTRACT OF VOTES - November 7,2006, General Election - Congressional Election November 28, 2006 ABSTRACT OF VOTES cast in the City of Virqinia Beach , Virginia, at the November 7,2006 General Election, for: MEMBER UNITED STATES SENATE' NAMES OF CANDIDA TES WITH PARTY tD AS PRINTED ON BALLOT TOTAL VOTES RECEIVED (IN FIGURES) GEORGE F. ALLEN - R ............................... 64,852 JAMES H. "JIM" WEBB, JR. - D ....................... GLENDA GAIL PARKER - IG 57,657 1,397 Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] . . . . . . . . . . . 144 4 Total Number of Overvotes For Office. . . . . . . . . . . . . . . . . .. We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit COUlt of the election held on November 7, 2006, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for Member of the United States Senate in the Congress of the United States. Given under our hands this 9th day of November, 2006. 0= i Board ~ Seru ~ -------~ . Chairman A copy teste: , Vice Chairman ';y' "';Z.?A! ~~L-_/i'.p,"",i_.,_-o,__ ~'"_~_\ f ,~ . 'i , Secretary ,.<(/~~; -='/' 1.LP'1! ~-I Secretary, Electoral Board ABSTRACT OF VOTES cast in the City of VirQinia Beach , Virginia, at the November 7,2006 General Election, for: MEMBER HOUSE OF REPRESENTATIVES 2nd District NAMES OF CANDIDA TES WITH PARTY 10 AS PRINTED ON BALLOT TOTAL VOTES RECEIVED (IN FIGURES) PHILIP J. KELLAM - D .............................. 64,040 58,611 THELMA D. DRAKE - R ............................. Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] . . . . . . . . . . 329 Total Number of Overvotes For Office. . . . . . . . . . . . . . . . . o We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 7, 2006, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for Member of the House of Representatives in the Congress of the United States. Given under our hands this 9th day of November, 2006. /~ 1>" )L '---1 '/ "" r~ Qhairman A copy teste: Electoral'~ Board ~~ , Vice Chairman .' I _ - .'.:"';,f. ?'?y-.!<~'{ "..!A'-~""":--''J 1 Secretary <~~ ..:;r'. ~~ ' Secretary, Electoral Board ABSTRACT OF VOTES cast in the City of VirQinia Beach at the November 7,2006 Special Election, for: , Virginia, PROPOSED CONSTITUTIONAL AMENDMENTS QUESTION 1: Shall Article I (the Bill of Rights) of the Constitution of Virginia be amended to state: "That only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth and its political subdivisions. This Commonwealth and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage. Nor shall this Commonwealth or its political subdivisions create or recognize another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage."? TOTAL VOTES RECEIVED (IN FIGURES) YES 70,694 NO 52,290 Total Number Of Overvotes For Question. . . . . . . . . . . . . 3 QUESTION 2: Shall Section 14 of Article IV of the Constitution of Virginia be amended by deleting the provision that prohibits the incorporation of churches, a provision that was ruled to be unconstitutional and therefore now is obsolete? TOTAL VOTES RECEIVED (IN FIGURES) YES 74,216 NO 42,973 Total Number Of Overvotes For Question. . . . . . . . . . , , , . . . 4 County/City of City of Virainia Beach Special Election November 7,2006 Page 2 of 2 PROPOSED CONSTITUTIONAL AMENDMENTS QUESTION 3: Shall Section 6 of Article X of the Constitution of Virginia be amended to authorize legislation to permit localities to provide a partial exemption from real property taxes for real estate with new structures and improvements in conservation, redevelopment, or rehabilitation areas? TOTAL VOTES RECEIVED (IN FIGURES) YES 70,036 NO 47,882 Total Number Of Overvotes For Question. . . . . . . . . . . . . 9 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 7, 2006, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for and against the proposed constitutional amendments. Given under our hands this 9th day of November, 2006~/~ ,/ ]'-' - ,-- ( " I -:A-- \ / ../~ , -;--~ ,r ~ '. j' i,:./ ~ A copy teste: Electoral Board Seal , Vice Chairman . ')J ?I),.~/ ."I._.,~ ~'-Ci ?} / J , Secretary ,,:~~ ...41/ ~._<-t .L~""""~iSecretary, Electoral Board - 40- Item V-No ADJOURNMENT ITEM # 55847 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:22 P.M. 1<2~' FJ C.b7.7 /.. ~. u.. r.v,tw" V ---------- ------------------- Beverly 0. Hooks, CMC Chief Deputy City Clerk --------------------------------- uth Hodges Smith, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia November 28, 2006