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DECEMBER 5, 2000 MINUTES
CITY COUNCIL City of Virginia Beach MAYOR MEYERA E. OBERNDORE At-Large VICE MAYOR WILLIAM D. SESSOMS, JR., At-Large LINWOOD O. BRANCH, I11, Beach - District 6 MARGARET L EURE, Centerville - District 1 WILLIAM W HARRISON, JR., Lynnhaven - District 5 BARBARA M. HENLEY, Princess Anne - District 7 LOUIS R. JONES, Bayside - District 4 REBA S. McCLANAN, Rose Hall - District 3 ROBERT C. MANDIGO, JR., Kernpsville - District 2 NANCY K. PARKER, At-Large ROSEMARY WILSON, At-l~trge JAMES K. SPORE, City Manager LESLIE L. LILLEY, City Attorney RUTH HODGES-SMITH, MMC, City Clerk "L;t./MMUI~II I Y I'Ul'l ALII'1' I IMI''- CITY COUNCIL AGENDA CITY HALL BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 427-4304 FAX: (757) 426-5669 EMAIL: Ctycncl @ city. virginia -beach. va. us December 5, 2000 I. CITY MANAGER'S BRIEFING - Conference Room - 10:00AM mo Public Works Specifications and Standards-Review of Storm Water Criteria Mark A. Johnson, Administrator, NPDES Emergency Response System (ERS) Bruce W. Edwards, Director, Emergency Medical Services Gregory B. Cade, Chief, Fire Department Lynnhaven Boat and Beach Facility Sara L. Hensley, Director, Parks and Recreation Department Legislative Package Status Robert R. Matthias, Assistant to the City Manager II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - 12:30 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION Citizens may register to address City Council for a limited time on any item on the Formal Council Agenda. Speakers may register immediately prior to the meeting or, in advance, by calling the City Clerk's Office at 427-4303. V. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Richard A. Dinges Lynnhaven Colony Congregational Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION MINUTES 1. INFORMAL & FORMAL SESSIONS November 28, 2000 AGENDA FOR FORMAL SESSION The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. Ho PUBLIC HEARING 1. LEASE OF CITY PROPERTY a. Northgate Community Park b. Ocean Lakes Community Park ORDINANCES/RESOLUTIONS Ordinance to AUTHORIZE the City Manager to enter into a LEASES for portions of City property: ao Plaza Little League, Inc. at Northgate Community Park. b. Virginia Beach Little League, Inc. at Ocean Lakes Community Park. Ordinance to ACCEPT two grants in the aggregate amount of $620,521 from the Virginia Marine Resources Commission for the Lynnhaven Boat Ramp and Beach Facility; and, accept the recommendations in the December 2000 Policy Report. Ordinance to AUTHORIZE the City Manager to execute the appropriate documents re the amendment and sublease re Heron Ridge Golf Course. Ordinance to establish capital project for Upton Drive/Nimmo Parkway, in the roadways section of the FY 2000-01/2005-06 Capital Improvement Program (CIP) and, TRANSFER $200,000 from capital project for Queen City. Ordinance to authorize the City Manager to execute a Cost Participation Agreement (approx. $975,000) with Lakeside Construction Corporation re the construction of road improvements at Upton drive. Ordinance to authorize a temporary encroachment into a portion of the existing city right- of-way, known as Signature Drive, by Baymark Construction Corporation re an identification sign at "Villages at West Neck". Resolution re the City's 2001 LEGISLATIVE PACKAGE requesting sponsorship and /or support for legislation proposed by Virginia Beach in this package. Resolution to authorize the City Manager to set forth the views of the City re the draft Guidance Policy for the BUFFER AREA REQUIREMENTS and LIMITATIONS on DEVELOPMENT; proposed amendments to the Chesapeake Bay Area Designation and Management Regulations; and, request the Chesapeake Bay Local Assistance Board to consider actions that will maintain and strengthen local partnership with the Commonwealth of Virginia to promote the protection of water quality in the Chesapeake Bay Watershed. Resolution to request Congress to pass the High Speed Rail Investment Act as either "stand alone" legislation or as part of the Taxpayer Relief Act. PLANNING PLANNING BY CONSENT - To be determined during the Agenda Review Session. Application of ROCHELLE CARPENTER for a Variance to § 4.4 of the Subdivision Ordinance which requires that all lots created by subdivision have direct access to a public street, at 4172 Gum Bridge Court. (PRINCESS ANNE DISTRICT - 7) Recommendation: APPROVAL Application of WILLIAM E. AND DOROTHY L. PEARSON for a Variance to § 4.4 of the Subdivision Ordinance which requires that all lots created by subdivision meet all requirements of the City Zoning Ordinance (CZO) re lot width requirement, at the southern terminus of Bridlepath Lane. (PRINCESS ANNE DISTRICT - 7) Recommendation: APPROVAL Application of SBA COMMUNICATIONS CORPORATION / C. E. FOREHAND, III, for a Conditional Use Permit re a communications tower on the north side of Princess Anne Road 3850 feet east of Public Landing Road, containing 50 acres. (PRINCESS ANNE DISTRICT - 7) Recommendation: APPROVAL Application of MARKY and THOMAS STROTHER for a Conditional Use Permit re a riding academy, horses for hire or boarding on the north side of Shirley Landing Drive, 650 feet east of Blackwater Road, containing 20.3321 acres. (PRINCESS ANNE DISTRICT - 7) Recommendation: APPROVAL Application of WAL-MART REAL ESTATE BUSINESS TRUST for a Conditional Use ermit re an automobile service establishment located on the east side of Newstead Drive 00 feet nort~ ~s~ ~ Road, containing 18.508 acres. (PRINCESS ANNE DISTRICT- 7) Recommendation: APPROVAL o o Application of TRUCK CENTER OF TIDEWATER, INC., for a Conditional Use Permit re a bulk storage yard on the east side of South Military Highway, north of Alexanadria Avenue, containing 20,037.6 square feet. (CENTERVILLE DISTRICT - 1) Recommendation: APPROVAL Application of THE RUNNYMEDE CORPORATION for a Change Of Zoning District Classification: ao Parcel 1' from B-2 Communi _ty Business District to Conditional B-2 Communi _ty Business District on the south side of Sentara Way 330 feet west of S. Rosemont Road Parcel 2: from R-7.5 Residential District to Conditional B-2 Community Business District on the south side of South Boulevard 530 feet west of S. Rosemont Road, containing 5.5 acres (ROSE HALL - 3) J. APPOINTMENTS VIRGINIA BEACH FOUNDATION - Distribution Committee K. UNFINISHED BUSINESS Lo NEW BUSINESS 1. Consider request to RECONSIDER: [Denied 14 November 2000] Applications of CHECKERED FLAG MOTOR CAR CO., on the west side of North Lynnhaven Road, south of Virginia Beach Boulevard (263 and 267 North Lynnhaven Road), containing 40,075 square feet (ROSE HALL - DISTRICT 3): ao Change of Zoning District Classification from R-10 Residential District and B-2 Community Business District to Conditional B-2 Community Business District b. Conditional Use Permit for motor vehicle sales (expansion) [Requested by Council Lady McClanan] Mo ADJOURNMENT ll/30/00slb AGENDA\12/05/00 www.virginia-beach.va.us If you are physically disabled or visually impaired and nccd assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 5, 2000 Councilman Louis Jones called to order the CITY MANAGER'S BRIEFING re Public Works Specifications and Standards-Review of Storm Water Criteria in the Council Conference Room, City HaH Building, on Tuesday, December 5, 2000, at 10:00 A.M. Council Members Present: Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Nancy K. Parker and Rosemary Wilson Council Members Absent: Mayor Meyera E. Oberndorf [ENTERED: 10.'23 A.M. - TELEVISION INTER VIEW] Vice Mayor William D. Sessoms, Jr. [ENTERED: 10:50 A.M. William W. Harrison, Jr. [ENTERED: 11:48 A.M.] -2- CITY MANAGER'S BRIEFING PUBLIC WORKS SPECIFICATIONS AND STANDARDS REVIEW OF STORM WATER CRITERIA 10:00 A.M. ITEM # 4 7453 E. Dean Block, Director of Public Works, introduced Mark A. Johnson, Administrator, NPDES, who displayed a graph depicting an average rainfall of 44 inches per year. Virginia Beach did not experience landfill hurricanes this year. The street drainage system is composed of inlets and pipes which convey the storm water to a management pond which exists for flood control and water quality benefits. The water then discharges to a natural creek (tailwater elevation). The key component is water runs downhill and thus any subdivision must be at a higher elevation. THE ROLE STANDARDS PLAY IN DRAINAGE Good drainage primarily depends on two things: Land must have sufficient elevation Properly designed system Sufficient elevation relates to land use/floodplain Drainage system design controlled by standards PUBLIC WORKS SPECIFICATIONS AND STANDARDS Living Document Design and construction specifications and standards for City rights-of- way, easements, city owned and private property development Supplement to City Ordinances: Zoning, Site Plan, Subdivision, Stormwater Management, Chesapeake Bay and Southern Watershed. Specifications and standards so not to supersede or waive any requirements of city ordinances. Mr. Johnson reiterated the reasons to review the Public Works Specifications and Standards: Neighborhood flooding during the 1999 Hurricane Season and to provide a yearly review and update. THE REVIEW PROCESS Compared Virginia Beach Standards and Specifications to Neighboring localities. Review City's Boundary Design conditions Design storms Tidal tailwaters (establish tide gauges in West Neck Creek) Review content of City's Drainage Standards and Specifications. December 5, 2000 3 CITY MANAGER'S BRIEFING PUBLIC WORKS SPECIFICATIONS AND STANDARDS REVIEW OF STORM WATER CRITERIA ITEM # 4 7453 (Continued) CITY OF VIRGINIA BEACH STANDARDS EXCEED OR MEET THOSE OF SIMILAR MUNICIPALITIES Criteria of Norfolk Chesapeake Portsmouth 1-[ampton Newport Wilmington Savannah Standard News Min. Pipe/ 0 + + + 0 + _ Culvert Size Min. Pipe/ + + + + 0 + + Culvert Velocity Storm Sewer Capacity Open Drainage + 0 + + + + 0 Syxtems Wet Retention 0 0 0 0 0 _ _ Ponds Dry Retention 0 0 0 0 0 _ 0 Ponds Detention + + + + 0 0 0 Ponds Infiltration 0 N/A 0 0 0 N/A N/A Facilities Flood control 0 0 N/A 0 0 + 0 Facilities Inlets 0 0 N/A 0 0 _ Tidal Tailwater 0 0 N/A 0 N/A N/A 0 Pre-Existing vs. 0 0 0 0 0 0 0 Post- Development Discharge NOTES: N/~4 Not ~4ddressed + Virginia Beach criteria exceeds criteria of other municipality 0 Similar criteria - Virginia Beach criteria is less stringent Current Virginia Beach standards meet or exceed those of Chesapeake, Norfolk, Hampton, Newport News, Portsmouth, Wilmington, North Carolina and Savannah, Georgia. RES U L TS Revise format to specifications and standards to improve effectiveness for designer and reviewer Consolidate drainage pond requirements Consolidate tailwater requirements Develop design review guide liens. Update design criteria content to reflect current conditions based on historical data. Set minimum road elevations in tidal areas Require streets to remain passable during a 1 O0-year storm event Require lot grading such that the structure's finished floor, garage, HVAC systems and crawl space are above the l O0-year flood Update/specify tidal tailwater requirements. Update design storms Increase storm water runoff coefficient Increase drainage ditch roughness coefficients December 5, 2000 -4- CITY MANAGER'S BRIEFING PUBLIC WORKS SPECIFICATIONS AND STANDARDS REVIEW OF STORM WelTER CRITERIA ITEM # 4 7453 (Continued) Mr. Johnson displayed a graph of the Typical Design Storm. Mr. Johnson cited an exatnple of ditch roughness. Vegetation impedes flow. An overgrown ditch has only 1/3 its clean capacity. Low ditch velocities result in increased sediment deposition. A ditch with one-foot of sediment typically must run afoot higher to achieve the same capacity. Council Lady McClanan expressed concern relative the Bow Creek project and removal of all the trees and shrubs on the banks. She has had complaints relative removal of this shrubbery. The residents are, however, appreciative not to experience the same degree of flooding as in previous years. Council Lady Eure advised the run-off ditches and tributaries have considerable sediment which is not being cleaned out on time. Mr. Block advised the staff is very conscious of these issues. This is a balancing act which involves standards, capital improvements and maintenance. Maintenance is one of the most difficult and expensive issues. Councilman Jones inquired as to the amount of land below the l O0-year floodplain. Is this a major portion of the undeveloped land in the city? If this is not a major portion, why would not it be better to not develop this land? Mr. Block advised it is not a question of the land being below the lO0-year floodplain, but the relationship of the development to the tailwater and the ability to move water downhill. The City Manager advised the current Subdivision Ordinance states development cannot occur in the floodplain, unless a Variance is approved by City Council. Council Lady Eure inquired if the City is confident the flood elevation's correct for constructing residential development or is an adjustment necessary. Mr. Block advised the current standards call for the first finished floor of a house to be I-foot above the l O0-year flood level. The staff is suggesting the entire property, including the garage, be above the 100-yearfloodplain. Mr. Johnson advised Councilman Mandigo the intent is not to go into a neighborhood and completely rebuild a drainage system designed to handle a lO-year storm event. The intent is to identify the specific drainage problem and flooding areas and to correct them. Council Lady Henley advised better standards must be developed and this may conflict with other budgetary concerns. However, residents are not tolerant of street flooding, i.e. frequently replacing air conditioners. The City must be careful not to allow development in areas which are going to flood. Council Lady Henley believes Public Works should provide information to City Council relative problems in the approval of certain residential developments. Council Lady Henley also reiterated the issue of fairness to the property owner. Perhaps this could be incorporated into the Open Space program, relative the flood management system. All properties cannot be purchased, but i fit is a particularly difficult parcel of property which should not develop because it is a major part of the drainage system or would cause major drainage problems if it is developed, then the staff might wish to review for the Open Space program. Council Lady Henley also expressed concerns relative the Health Department's approval of septic systems in the southern portion of the City. Council Lady Henley said there will be major problems if the State Health Department is going to approve the pure flow septic systems now on 1 t/2 and 2-foot elevations. Mr. Block advised this has been reviewed and a recommendation will be brought forward to City Council. Mr. Johnson advised this also must be reviewed with respect to the VPDES (Virginia Pollutant Discharge Elimination System) permit requirements. This allows the discharge of storm water to waters in the United States or waters of the State. Mr. Johnson advised Counciltnan Branch, the Stormwater Management Regulations allow municipalities to strengthen or increase the requirements above the State requirements ifa Public Hearing is held. Council Lady Wilson inquired if all the pumping stations at the North End are operational. Mr. Block will review and advise. Changes in the standards would apply only to new development. Mayor Oberndorf referenced the key issue of infill. Mayor Oberndorf and Vice Mayor Sessoms referenced the drainage of North Beach and Atlantic Avenue. Vice Mayor Sessoms advised North Beach has beenJJooding his entire life. The streets are closed numerous times a year because of rain. Mr. Johnson advised Atlantic Avenue is contained within the Capital Improvement Program. The schedule is to construct the first Phase in 2002, which will encotnpass the gravity system to the streets from 45th up to 50th. It will all drain to the trunkline that was constructed with the Army Corps of Engineers' project. The City staff is reviewing which way to pump the stormwater and if the existingpump stations and ocean outfalls can be utilized. Mr. Block advised a request will be brought to City Council to reprogram some existing funds for neighborhood related programs. A more complete study of the long term requirements will be brought to City Council in January. Mayor Oberndorf referenced the drainage problems in Kempsville and the many neighborhoods who have been waiting for relief. The next step is to develop draft changes to Specifications and Standards (December), present changes to the engineering community and Tidewater Builders Association (January) and finalize changes and present to City Council for approval (February/March). December 5, 2000 CITY M/INAGER'S BRIEFING EMERGENCY RESPONSE SYSTEM (ERS) 11:25/I.M. ITEM # 4 7454 C. Oral Lambert advised the City has an excellent Emergency Response System, which is highly valued by the citizenry. It is a combined system which blends the talents of a paid professional fire department and the professional trained talents of a Volunteer Rescue Squad. Chief Operating Officer Lambert introduced Bruce ~. Edwards, Director, Emergency Medical Services and Gregory B. Cade, Chief, Fire Department, who have been studying the Emergency Response System. Chief Cade advised when discussing Emergency Medical response, the tendency is to focus solely on the rescue squads. There are many other groups involved in meeting the needs of patients (i.e. Fire, Police, Communications, Lifeguards). However, citizens ofien fail to see their response as a systems approach. What is the Emergency Response System (ERS) Coordinated response using all available resources Seamless continuum of care Operating philosophy Constant work in progress How did we get here? The ERS Team is an outgrowth of earlier groups, which focused on single issues affecting Fire and Rescue Facilitator chosen (Le Pittman) Team members chosen from all levels of both departments Team started with review of Virginia Beach Core Values, VBQSS process and City Council's Destination Points. Chief Cade and Chief Edwards formed a committee in the Fall of 1999 to research the development of a Strategic Plan for the Emergency Response System. This committee conducted interviews with the City Manager, Chief Operating Officer Oral Lambert, and an internal survey of members was utilized to elicit feedback from Fire and EMS personnel. The ERS resulted from this ongoing strategic planning process. The ERS is a coordinated response to medical rescue emergencies with appropriate people and equipment in a timely manner Oneasured) to assist customers in resolving their medical emergencies. It is an on-going process that will enhance service delivery and better enable the Departments of Fire and EMS to protect and serve the community. The team divided into sub-committees to look at several issues thought to be "high leverage" items including: Communications, ~ILS Coordination and Standard for First Unit on the Scene. Why didn't this work? Not all stakeholders were involved The focus of each subcommittee wash 't clear I'Ve were simply continuing a history of band-aid approaches to the issue of the day. The team was only treating the "symptoms" and not the "whole patient" December 5, 2000 OFF~CE OF THE CITY MANAGER (804) 427 4242 FAX (804) 427 4135 TDD (804) 427 4305 City of Virginia Bcach MUNICIPAL CENTER VIRGINIA BEACH. V!RG!NIA 23456 9001 December 15, 2000 The Honorable Meyera E. Obemdorf, Mayor Members of City Council Dear Councilmembers: Attached is a response from Chief Cade regarding your questions resulting from the Emergency Response System presentation. Please let me know if you need any further information. Sincerely, dsc A~achment OFFICE OF THE CiTY I~,~NAG£R December l 1, :000 cll'¥ OF VlRr, i,~IA B[ACH TO: Mr. James K. Spore DEPT: Executive FROM: Chief Gregory B. Cade ~ DEPT: Fire SUBJECT: Questions from City Council, December 5, 2000 At the end of the Emergency Response System presentation, the Mayor and several other Council Members had some questions concerning the operation of the Fire Department as it relates to the inspection process. A question that was posed by Mayor Oberndorf centered on the standards used by the federal government in construction of new housing units in Virginia Beach. Although we have a very good working relationship with all of the military bases in our region, they are not required to obtain permits from the city when constructing any structure, especially if it is on their own land. Although the plans are not submitted through the city since no permits are required, nor do we conduct any inspections during the construction process, I was able to find out that the standard currently used by the federal government is the National Fire Protection Association Life Safety Code normally referred to as NFPA 101. This national code does discuss, as its name implies, life safety issues that relate to the construction of residential and commercial properties. It is our belief that the federal government, in using this standard, is complying with it and, therefore, constructing housing that they believe is safe for their employees. The Fire Department also uses the NFPA Life Safety Code in reviewing commercial structures and we believe that, if properly applied and inspected, it is a good basis for constructing safe homes. The second issue, raised by Council Member McClanan, centered on the plans review process for new construction. As I indicated that day, we do have an Assistant Fire Marshal who works in the Planning Department reviewing site and building plans for new construction or renovations after they have applied for the permits. Although the Fire Department does not directly oversee the new Page 2 construction, we work very closely with Permits and Inspections in reviewing these site and building plans to ensure that they comply with appropriate sections of the BOCA National Building Code that is currently used in the Commonwealth. The third issued, raised by Council Member Parker, centered on the requirement for fire walls. In new buildings, plans are submitted to Permits and Inspections. We have an opportunity to review those plans to ensure that they are in compliance with the Statewide Fire Prevention Code. Under the direction of the Building Official, as plans are submitted and reviewed, there are significant trade-offs allowed depending on the type of materials being used, if there is built-in fire protection systems, such as sprinkler systems and other issues that vary the amount of square footage allowed before fire walls have to be constructed. It is difficult to give you a hard and fast rule about when a fire wall is necessary in multi-family dwellings or commercial structures. It would vary structure by structure and is reviewed when the plans are submitted and it is inspected by Permits and Inspections as it is being constructed. Once Permits and Inspections signs off and allows for occupancy of the structure, it then becomes, in the case of a commercial structure, under the review of the Fire Department. The Fire Marshal's Office would conduct periodic inspections to ensure that the buildings are maintained in accordance with the Statewide Fire Prevention Code. I hope this answers the questions that our Council Members had relative to the interaction between the Fire Marshal's Office and Permits and Inspections to ensure the safety of our citizens. If you need any additional information, please do not hesitate to contact me. GBC/sep -6- CITY MANAGER'S BRIEFING EMERGENCY RESPONSE SYSTEM (ERS) ITEM # 47454 (Continued) GOALS AND OBJECTIVES Resolve medical emergencies through a coordinated response of appropriate personnel and resources in a timely manner Long term superior customer service Seamless continuum of care Medical procedures favorably within industry Patient's medical emergency needs are met Citizens and visitors have confidence in the system Bruce Edward reiterated the concerns noted during the interview phase lacked a common theme. Each can be linked somewhere in the response to an emergency call. This response is what is known as the Continuum of Care. THE CONTINUUM OF CARE Eight phases of an ERS call Leadership and Management Foundation Training Equipment Medical Direction Emergency Occurs Customer Realizes Need Bystander First-aid, CPR, etc. Dispatch Call is processed Appropriate resources are sent Response Right people Right equipment Right time: 1~t Response ALS Transport Uni 6 minutes 9 minutes 12 minutes On Scene Scene surveyed Patient assessed Appropriate care provided Transport Transport is made First response units are returned to service Hospital Patient arrives in a timely manner Transport team returns to service Communication & Feedback Performance feedback provided Free exchange of information December 5, 2000 -7- CITY MANAGER'S BRIEFING EMERGENCY RESPONSE SYSTEM (ERS) ITEM # 4 7454 (Continued) STANDING S YS TEM FO UNDA TIONS Police, Fire and EMS will continue to operate as independent departments There will be a unified medical control system. The ERS will operate in a tiered network involving first response, ALS and transport response There is no intent to eliminate the volunteer rescue squads The Fire Department is a critical component of ERS response All paramedics will function in an ALS capacity for a minimum period monthly as defined by the OMD. WHAT IS ALREADY HAPPENING? Administrative changes which allow interested firefighters to be paramedics without joining a rescue squad. Medical control chain of command being clarified ALS response times under review to ensure proper distribution of resources. Mr. Edward advised the future plans: Educate all ERS members (72 of the upper management officers met last night, December 4, 2000, at the Pavilion to witness a presentation similar to this one relative the ERS.) Embarking on a path to effect long-term improvements. It is an ongoing process Need their involvement as stakeholders on the Continuum teams to focus on making productive changes Use the established foundations as a basis for decisions Reconstitute the ERS Team Will become a steering committee with key stakeholders represented. Will create and monitor Continuum teams Ensure continuous oversight and smooth operation of the ERS system. CURRENT NEEDS City Council's continued support for the City's Emergency Response Team Help in consistently getting the message out that the talents of all members are utilized in resolving citizens' emergencies Your confidence that EMS and Fire are working together to make the City "Feel safe anyplace, anytime" Chief Cade advised twenty new firefighters will be hired next month, twelve of whom are already ALS Certified. December 5, 2000 -8- CITY MANAGER'S BRIEFING L YNNHA VEN BOATAND BEACH FACILITY 12:10 P.M. ITEM # 4 7455 Sara Hensley, Director of Parks and Recreation, advised the Lynnhaven Boat Ramp and Beach Facility (4-974) is a $1. 77-MILLION CIP project to construct a facility for direct access to the Chesapeake Bay beaches and the Chesapeake Bay on the west side of the Lesner Bridge on Shore Drive. 7here will be four boat launch lanes for boats and canoes/kayak access to the Lynnhaven Inlet and Chesapeake Bay. The project will also consist of walkways to the Bay beaches, outdoor showers, foot washes, restrooms with small changing areas and 102 parking spaces for beach access as well as 88 boat/trailer parking spaces. Project Information Breakdown of Project Funding City Contribution $1,150, 000 VMRC Grant $ 620,521 TOTAL $1, 770,521 Design/Construction Document Bid/Award of Construction Contract Construction Completion Date: December 2000 Completion Date: January 2001 Completion Date: July 2001 Mrs. Hensley introduced members of the Parks and Recreation Commission in attendance: Frank Malbon and Richard Welton. Grant Funding Agreement Facility users possessing a Saltwater License ($7.50 annually) will receive at least a 50% discount on launching, parking, and usage fees (boat ramp only). Any net income form operation of the facility will be used to support long-term maintenance and operation of the facility. Virginia Recreational F~shing Advisory Board (VRFAB) and the Virginia Marine Resources Commission (VMRC) will be provided an annual accounting of revenues and expenditures. 20-year use of the facility as a boat ramp that is open for 24 hours, 365 days a year. Enforcement of"boat trailer parking only' in the 88 boat/trailer parking spaces at all times. Prohibit the rental of personal watercraft at the facility. Relative personal watercraft, Barry Frankenfield, Design and Development Administrator - Parks and Recreation, advised ~f someone has the appropriate licensing and registration for any boat, they should be permitted to launch. Originally, restrictions in the terms of the grant precluded the implementation of user fees. The option to charge fees represents a changed condition that evolved during the grant process. Comparison of Launch Fees Seashore/First Landing State Park - ($9 in peak season) Bubba's Marina ($10, $12, or $15 depending on boat size) Cobb's Marina ($10) December 5, 2000 -9- CITY MANAGER'S BRIEFING L YNNHA VEN BOA T AND BEA CH FA ClLITY ITEM # 47455 (Continued) RE COMMENDATIONS Operation of the facility by Parks and Recreation Oqrst class, clean, safe and reasonably staffed) with Operations Plan to be developed by March 1, 2001. Input shall be received from all stakeholders. Charge user fees $10 boat launch/trailer parking fee for those without Saltwater Fishing License $5 boat launch/trailer parking fee for those with Saltwater Fishing License (50% discount per VMRC grant) $4 car parking fee for those without a Virginia Beach Decal $2 car parking fee for those with a Virginia Beach Decal $1 car parking fee after 5:00 P.M. for those with a Virginia Beach City Decal Positive cash flow to offset operating expenditures and build reserve account for long-term maintenance and operation. Mrs. Hensley advised there was public involvement through the Parks and Recreation Commission, Ocean Park Civic League, businesses in the area, Shore Drive Advisory Commission, Virginia Marine Resource Commission and the Coastal Conservation Association. As this is the largest amount of funding provided in a grant to any one City, Parks and Recreation is providing a letter for the Mayor's signature to the Virginia Marine Resources Commission and the Virginia Recreational Fishing Advisory Board expressing appreciation for the support in the allocation of this funding. Mrs. Hensley advised the Commission is recommending the Lynnhaven Boat Ramp and Beach Facility remain a City operated facility. One full time staff member and some part time staff has been allocated. The message was this facility remain clean, safe and friendly. Mrs. Hensley advised the listing of the pros and cons of the facility will be distributed to City Council. The revenues are projected, but only the expenses involving general maintenance and upkeep are known at this time. Concern was expressed relative the Iow fees and the impact to the taxpayer. The fees will be placed into an account for long term maintenance and repair of the area and the proper amount of staff involved. Mrs. Hensley advised in March 2001, the specific Operational Plan involving security, method of collecting fees, et cetera will be presented to City Council. Mr. Frankenfeld advised all the live oaks at this facility will be saved. There are four (4) concrete ramps and the dredging in the area has been completed to allow for a six-foot mean low tide water depth. There is protection from the wind and tide with an adequate parking layout. There will be an acceleration lane with a signalized intersection and pedestrian crossing. There will be a no right-turn sign prohibiting movement back through the adjacent neighborhood. A walkway, with railing under the bridge, will be constructed. December 5, 2000 -10- CITY MANAGER'S BRIEFING LEGISLATIVE PACKAGE STATUS 12:47P. M. ITEM # 4 7456 Robert R. Matthias, Assistant to the City Manager, referenced the items added to the Legislative Package: Authority of the Treasure to Padlock Business Enterprise (requested by the John T. Atkinson (City Treasurer): To enhance the ability of local treasurers to collect delinquent local axes, the Treasurer of Virginia Beach recommends that the authority to padlock the doors of business enterprises with delinquent taxes be granted to local Treasurers as well as the State Treasurers. Camp Pendleton Parking Lot (requested by Councilman Branch): The General Assembly is requested to direct the Virginia National Guard to allow the City to lease the parking lot at Camp Pendleton on a twelve- month (year) basis. It is further requested that this authority be granted as soon as possible in calendar year 2001. Issue Bonds for future VDOT Appropriations : It is recommended that the Code of Virginia 3~33.1-23.3 be amended to allow the Department of' Public Works the ability to expedite the construction of certain VDOT- funded road projects i fit could partially finance them through the issuance of bonds secured by a percentage (up to one-third) of the "urban system highway funds" to be apportioned to the City by the Commonwealth for such projects. Such bonds would be "revenue" bonds and, therefore, wold not affect the City's Charter debt limitations. Public Notice Posting on the Internet (Innovative idea of David Sullivan, Chief Operating Officer): The General Assetnbly is requested to allow local governments to post required public notices' regarding City Council meetings and actions, bids, public hearings, disposition of property, grant of licenses and franchises, meetings of boards and commissions, and any other actions requiring notice be given on their official government Internet websites and provide such notices via subscription e-mail service in lieu of paid advertising in local newspapers. This change would not apply to any notice currently required to be sent directly by mail or otherwise provided directly to an individual. Mr. Matthias distributed a proposed item received from the Water Task Force. The Army Corps of Engineers 216 Study of Kerr Reservoir: The Task Force is recommending that the State delegation support the funding for the DEQ to participate in the 216 study as a local sponsor. Virginia Beach has purchased storage rights in Kerr Reservoir, which are used during certain dry periods to mitigate the effects of the City's withdrawal. December 5, 2000 -11- .4 GEND.4 RE VIE W SESSION 12:53 P.M. ITEM # 47457 1.2. Ordinance to ACCEPT two grants in the aggregate amount of $620,521from the Virginia Marine Resources Commission for the Lynnhaven Boat Ramp and Beach Facility; and, accept the recommendations in the December 2000 Policy Report. This item will be discussed during the Formal Session. ITEM # 4 7458 1. 4a Ordinance to establish a capital project for Upton Drive/Nimmo Parkway, in the roadways section of the FY 2000-0]/2005-06 Capital Improvement Program (CIP) and, TRANSFER $200, O00 from capital project for Queen City and $ 775, O00 from major intersection improvements. 1.4b Ordinance to authorize the City Manager to execute a Cost Participation Agreement (approx. $975,000) with Lakeside Construction Corporation re the construction of road improvements at Upton Drive. Council Lady Henley advised speakers will be registered on these items. Council Lady Henley advised Newstead Road was not addressed in the agenda backup. This was an important part of the discussion with Red Mill concerning closing off Newstead at least in one direction. The City Attorney distributed a Revised Ordinance. This revision transfers all of the funding in this fiscal year so the Cost Participation Agreement can be funded. 1.5. ITEM # 4 7459 Ordinance to authorize a temporary encroachment into a portion of the existing city right-of-way, known as Signature Drive, by Baymark Construction Corporation re an identification sign at "Villages at West Neck". The City Attorney distributed a revised Ordinance which reflects only minor housekeeping changes. ITEM # 4 7460 Resolution re the City's 2001 LEGISLATIVEPACKAGE requesting sponsorship and/or support for legislation proposed by Virginia Beach in this package. Council Lady McClanan will vote NA Yon this item, as she has concerns relative some of these items. December 5, 2000 - 12- AGENDA RE VIEW SESSION ITEM # 47461 1.7. Resolution to authorize the City Manager to set forth the views of the City re the draft Guidance Policy for the BUFFER AREA REQUIREMENTS and LIMITATIONS on DEVELOPMENT; proposed amendments to the Chesapeake Bay Area Designation and Management Regulations; and, request the Chesapeake Bay Local Assistance Board to consider actions that will maintain and strengthen local partnership with the Commonwealth of Virginia to promote the protection of water quality in the Chesapeake Bay Watershed. Clay Bernick, Environmental Management Administrator, advised Council Lady Parker there are presently two Mnds of projects in terms of handling encroachments into any buffer area. One is handled administratively because these are minor additions. Approximately one-half of those call for encroachments into the seaward portion of 50feet of the buffer. Those projects, which are forwarded to the Chesapeake Bay Preservation Area Board for Variance, (approximately 60% to 70% requests) are for encroachments into the seaward portion of SO feet of the buffer. Highly erodible soils were added to the City 's program and this is not a State requirement. The result is many projects are much further back from the shore than with the minimal State requirement. There is more encroachment into the buffer area, but the distance from the Shoreline back is greater because these highly erodible areas have been added Mayor Oberndorf expressed concern relative the integrity of the environment. Mr. Bernick advised because more requests are before the Chesapeake Bay Preservation Area Board for Variances, these are able to be qualified with conditions. This item will be discussed during Fortnal Session. ITEM # 4 7462 B Y CONSENSUS, the following shall compose the CONSENT AGENDA: ORDINANCES/RESOL UTIONS 1.1. Ordinance to AUTHORIZE the City Manager to enter into LEASES for portions of City property: a. Plaza Little League, Inc. at Northgate Community Park. b. Virginia Beach Little League, Inc. at Ocean Lakes Community Park. 1.2. Ordinance to AUTHORIZE the City Manager to execute the appropriate documents re the amendment and sublease for Heron Ridge Golf Course. 1.5. Ordinance to authorize a temporary encroachment into a portion of the existing city right-of-way, known as Signature Drive, by Baymark Construction Corporation re an identification sign at "Villages at West Neck". 1.6. Resolution re the City's 2001 LEGISLATIVE PACKAGE requesting sponsorship and/or support for legislation proposed by Virginia Beach in this package. Resolution to request Congress pass the High Speed Rail Investment Act as either "stand alone" legislation or as part of the Taxpayer Relief Act. Item 1. 5 will be ADOPTED, BY CONSENT, AS REVISED. Council Lady McClanan will vote a VERBAL NA Yon Item I. 6. December 5, 2000 - 13- AGENDA RE VIEWSESSION ITEM # 47463 Application of WILLIAM E. AND DOROTHY L. PEARSON for a Variance to 3~ 4.4 of the Subdivision Ordinance which requires that all lots created by subdivision meet all requirements of the City Zoning Ordinance (CZO) re lot width requirement, at the southern terminus of Bridlepath Lane. (PRINCESS ANNE DISTRICT- 7) Council Lady Henley referenced a citizen concern that if the Bridlepath depicted on the plat for the current subdivision is being extended around this development for the residents. Stephen White - Planning, advised it is not and this is a private issue. ITEM # 4 7464 ,1.3 Application of SBA COMMUNICATIONS CORPORA TION / C. E. FOREHAND, III, for a Conditional Use Permit re a communications tower on the north side of Princess Anne Road 3850feet east of Public Landing Road, containing 50 acres. (PRINCESS ANNE DISTRICT- 7) Vice Mayor Sessoms will ABSTAIN as the application is located on Frank Williams' property and Mrs Williams does business with Wachovia Bank. ITEM # 4 7465 Application of MARKY and THOMAS STROTHER for a Conditional Use Permit re a riding acadetn¥, horses_for hire or boarding on the north side of Shirley Landing Drive, 650feet east of Blackwater Road, containing 20.3321 acres. (PRINCESS ANNE DISTRICT- 7) Council Henley requested the addition of a condition to reflect this Conditional Use Permit would not allow horses for hire: There shall be n_po horses "for hire" at any time.. ITEM # 4 7466 1.6. Application of TRUCK CENTER OF TIDEWATER, INC., for a Conditional Use Permit re a bulk storage yard on the east side of South Military Highway, north of Alexanadria Avenue, containing 20, 03 7. 6square feet. (CENTER VILLE DISTRICT- 1) Council Lady Eure referenced an Amendment to Condition 2, which was distributed and is hereby made a part of the record. The applicant concurs with this revised condition. Council Lady Eure wished the staff to review. ITEM # 47467 d. 6. Application of THE RUNNYMEDE CORPORATION for a Change Of Zoning District Classification: Parcel 1.'from B-2 Community Business District to Conditional B-2 Community Business District on the south side of Sentara Way 330feet west of S. Rosemont Road Parcel 2: from R~7.5 Residential District to Conditional B-2 Communit_¥ Business District on the south side of South Boulevard 530feet west of S. Rosemont Road, containing 5.5 acres (ROSE HALL - 3) Michael d. Barrett, Executive Director - Runnymede Corporation, will provide information relative the submitted rendering and development of the application. December 5, 2000 - 14- AGENDA RE VIEW SESSION ITEM # 4 7469 BY CONSENSUS, the following shall compose the Planning By Consent Agenda Application of ROCHELLE CARPENTER for a Variance to 3~ 4.4 of the Subdivision Ordinance which requires that all lots created by subdivision have direct access to a public street, at 4172 Gum Bridge Court. (PRINCESS ANNE DISTRICT- 7) Application of WILLIAM E. AND DOROTHYL. PEARSON for a Variance to 3~ 4.4 of the Subdivision Ordinance which requires that all lots created by subdivision meet all requirements of the City Zoning Ordinance (CZO) re lot width requirement, at the southern terminus of Bridlepath Lane. (PRINCESS ANNE DISTRICT- 7) d. 3 Application of SBA COMMUNICATIONS CORPORA TION / C. E. FOREHAND, III, for a Conditional Use Permit re a communications tower on the north side of Princess Anne Road 3850feet east of Public Landing Road, containing 50 acres. (PRINCESS ANNE DISTRICT- 7) Application of MARKY and THOMAS STROTHER for a Conditional Use Permit re a riding academy, horses_for hire or boarding on the north side of Shirley Landing Drive, 650feet east of Blackwater Road, containing 20. 3321 acres. (PRINCESS ANNE DISTRICT- 7) Application of WAL-MART REAL ESTATE BUSINESS TRUST for a Conditional Use Permit re an automobile service establishment located on the east side of Newstead Drive 500feet north of Princess Anne Road, containing ] 8. 508 acres. (PRINCESS ANNE DISTRICT- 7) Application of TRUCK CENTER OF TIDEWATER, INC., for a Conditional Use Permit re a bulk storage ?ard on the east side of South Military Highway, north of Alexanadria Avenue, containing 2 O, 03 7. 6 square feet. (CENTER VILLE DISTRICT- 1) Vice Mayor Sessoms will ABSTAIN on Item J. 3. Item d. 4 will be APPROVED, BY CONSENT, with adding Condition No. 6. Item ~1. 6 will be APPROVED, B Y CONSENT, with Revised Condition 2, subject to review by City staff and applicant. December 5, 2000 - 15- CITY COUNCIL COMMENTS 1:10 P.M. ITEM # 47470 Vice Mayor Sessoms referenced the Beach Health Clinic. A site has been located for the facility on Holland Road, in the Rose Hall District. Council Lady McClanan and Priscilla Beede have reviewed the site and agree with the location. At the present time, the Beach Health Clinic is located in the city owned old Public Library on Twenty-Second Street. The proposed building located at 3396 and 3400 Holland Road is approximately 10, 000 square feet. The purchase price is $800,000. The cost of improvements would entail approximately $50,000. The Clinic has $150,000 as a down payment; however, they wish to utilize $50,000 of this for improvements. Therefore, the Clinic is requesting the City provide $750,000 to $800, O00 for an interest free loan. The City wouM take a deed of trust on the property. The Clinic wishes to pay back with a $350,000 grant from United Way in 2002. However in the meantime, the Clinic willpay the City back a minimum of $75,0OO per year. Vice Mayor Sessoms requested the Beach Health Clinic, during the City Council Session of December 12, 2000, give a Briefing regarding their services and the total repayment plan. This organization took over many of the Health Department Services due to cutbacks in State funding. City Council concurred. ITEM # 47471 Council Lady Henley referenced a telephone call from an upset parent who has been notified the Before School Program at Creeds is being terminated. Council Lady Henley understood it was because the small enrollment was not enough to justify two staff members. Council Lady Henley wished an exception be made and one employee be allowed to continue this program. There are no day care centers in Pungo and thus no other options for parents. Sara Hensley, Director of Parks and Recreation, advised she will review the situation. It is certainly not the City's goal to leave the youth unattended. ITEM # 47472 Council Lady Henley believes if the blue recycling cans are not picked up on the scheduled date, the residents should leave them until the next day. There are four homes on General Booth Boulevard (2 on each side of the road, near Nimmo Church) which are regularly forgotten. One of the residents has made fourteen calls advising the city of their failure to pick up the recyclables. Recently, two of the residents on the east side were given citations as the cans were still in the front yard on Wednesday. The City Manager advised this route has been restructured and arrangements have been made to place these four homes on the front of the route rather than at the end. ITEM # 47473 Council Lady Wilson advised last Thursday night she had the opportunity to tour the beautiful new Bayside Elementary School. The staff and children moved in on Monday, December 4, 2000. Everyone was very excited and impressed. ITEM # 47474 Council Lady Eure referenced the article in the Virginian Pilot relative Mrs. Cardinal. Six children in her home were placed in a closet (3 x 4) 15 minutes to 3 hours per day. Council Lady Eure requested the city staff review as the dudge had said he could not shut the facility down. A Zoning Inspector interviewed Mrs. Cardinal on December Fourth. She is keeping three (3) children during the day and two (2) prior to School which encompasses the limit offive (5), plus she has two (2) children of her own. She can have five children without coming under the purview of Social Services. Zoning did not find any violations. However, this greatly concerns Council Lady Eure and certainly reflects the "incarceration" of children. December 5, 2000 -17- ITEM # 47477 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, December 5, 2000, at 1.'20 P.M. Council Members Present: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr. Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker and Rosema~. Wilson Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 5, 2000 -18- ITEM # 47478 Mayor Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2. ]-34al(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 2.1-344 (A) (1). Boards and Commissions: Virginia Beach Foundation - Distribution Committee PUBLICLY-HELD PROPERTY: Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly-held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.1-344(A)(3). To-Wit Acquisition/Disposition of Property Lotus Creek Stumpy Lake LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.1-344(A)(7). Stumpy Lake Litigation Contractual Issues - Lotus Creek Associates Sportsplex Upon motion by Council Lady Parker, seconded by Councilman Branch, City Council voted to proceed into CLOSED SESSION. Voting: I O- 0 Council Members Voting Aye: Linwood O. Branch, IlL Margaret L. Eure, William W. Harrison, Jr. Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. (Time of Closed Session: 1:20 P.M. to 2:25 P.M.) December 5, 2000 -19- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL December 5, 2000 2:25 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 5, 2000, at 2.'25 P.M. Council Members Present: Linwood O. Branch, IIL Margaret L. Eure, William W. Harrison, ,Ir., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr. Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Absent: None INVOCATION: Reverend Richard A. Dinges Lynnhaven Colony Congregational Church. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Wachovia Bank, DISCLOSED he wilI ABSTAIN on Item d. 3 (SBA Communications/C.E. Forehand), as the application is located on the Frank Williams property, which does business with his bank. There were no other matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Wachovia Bank. The Vice Mayor regularly makes this Disclosure as he may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of January 4, 2000, is hereby made apart of the record. December 5, 2000 Item V-E. - 20- CER TIFICA TION OF CLOSED SESSION ITEM # 47479 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE FRITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11- 0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William gS. Harrison, ,Ir., Barbara M. Henley, Louis R. clones, Reba S. McClanan, Robert C. Mandigo, dr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, .Ir. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None December 5, 2000 Beso u on 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 # 47478, Page 18, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion conYening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ~Sx(th Hodges~mith, MMC City Clerk December 5, 2000 - 21 - Item V-F. 1. MINUTES ITEM # 4 7480 Upon motion by Council Lady Eure, seconded by Vice Mayor Sessoms, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of November 28, 2000. Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, dr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None December 5, 2000 Item V-G. - 22 - ADOPT AGENDA FOR FORMAL SESSION ITEM # 4 7481 B Y CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION December 5, 2000 - 23 - Item V-G. 2. PRESENTATION ITEM # 4 7482 Council Lady Henley advised on Saturday, December 2, 2000, she had the privilege of receiving, on behalf of the City of Virginia Beach, a copy of a new book compiling the history of Sandbridge entitled: "From the Beach to the Bay", by Chris dennings and Hark Gardner. This book was sponsored by' the Sandbridge Civic League. It is a wonderful pictorial history. The cost is $29.95. The book was inscribed: To the Virginia Beach City Council Thank you for all of your support of Sandbridge community projects Enjoy the memories. P.S.: keep the sand coming Council Lady Henley requested this History be placed in the foyer of the Mayor and City Manager's office for all citizens to peruse. Mayor Oberndorf extended appreciation to Vice Mayor Sessoms, Council Members Eure and Henley for their representation at various city functions during her trip to Israel as part of a Special Peace Mission comprised of six Mayors and sponsored by the U.S. Conference ofMayors, Americandewish Congress and the Israel Ministry of Tourism. December 5, 2000 Item V-H. 1. PUBLIC HEARING - 24- ITEM # 4 7483 Mayor Oberndorf DECLARED a PUBLIC HEARING: LEASE OF CITY PROPERTY Northgate Community Park Ocean Lakes Community Park There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. December 5, 2000 Item V-I. - 25 - ORDINANCES/RESOL UTIONS ITEM # 4 7484 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED IN ONE MOTION, Ordinances 1, 3, 5 (As Revised), 6 and 8 of the CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None Council Lady McClanan voted a VERBAL NAY on Item 6 (2001 Legislative Package) December 5, 2000 - 26- Item V-I. 1. ORDINANCES/RESOL UTIONS ITEM # 4 7485 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to AUTHORIZE the City Manager to enter into LEASES for certain portions of City property: a. Plaza Little League, Inc. at Northgate Community Park. b. Virginia Beach Little League, Inc. at Ocean Lakes Community Park. Voting: 11-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None December 5, 2000 1 2 3 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE BETWEEN THE CITY AND PLAZA LITTLE LEAGUE, INC. FOR THE USE OF A PORTION OF CITY PROPERTY AT NORTHGATE COMMUNITY PARK WHEREAS, the City of Virginia Beach ("City") is the owner of that certain parcel of land containing approximately 30.28 acres, together with all improvements, located in Virginia Beach, Virginia, and known as the Northgate Community Park ("Park Site"); WHEREAS, Plaza Little League, Inc. has been leasing a 20.029 acre portion of the Park Site for the purpose of operating a youth baseball league. Said portion of the Park Site is shown and described on that certain plat entitled: "PLAT SHOWING PROPERTY LEASED BY PLAZA LITTLE LEAGUE, INC. FROM THE CITY OF VIRGINIA BEACH, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA, BUREAU OF SURVEYS AND MAPPING, ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS, CITY OF VIRGINIA BEACH, VIRGINIA". A copy of said plat is attached as Exhibit A; WHEREAS, the current lease between the City and Plaza Little League, Inc. will expire as of December 31, 2000; WHEREAS, Plaza Little League, Inc. desires to execute a new lease to continue its operation of a youth baseball league at the Park Site; and WHEREAS, City staff recommends approval of the execution of a lease for that portion of the Park Site to Plaza Little League, Inc. for the operation of a youth baseball league under terms and conditions that are mutually agreeable. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute a lease between the City and Plaza Little League, Inc. for use of that portion of the Park Site in accordance with the Summary of Terms attached hereto, and containing such other terms as are acceptable to the City Manager and approved by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the 5"~ day of December, 2000. Del:~rtme~t of Parks~_~reation APPROVED AS TO LEGAL Department of Law ~ EXI~BXT A F~II~BI'[ B ITl ---e l I II ~ -.~m~ o ii m ~ m~ ~ ~ ~ ~ 3~ ~ ~r m ..... ' :~ "~= ~1° November 15, 2000 Sara Hensley Director of Parks and Recreation City of Virginia Beach Municipal Center, Bldg fY21 Virginia Beach, VA 23456 Dear Sara: Last night, Mr. Doug Cherry of your staff met with members of the Executive Board and residents of the Plaza Civic League to discuss continuing the lease of 20.029 acres of City property in Northgate Community Park to Plaza Little League, Inc. for the period of Janumy 1, 2001 thru December 31, 2005. Dudng our discussion. Mr. Cherry thoroughly reviewed all of the proposed terms and conditions of the new five year lease especially regarding 1) the installation of ballfield lighting on the new boys/girls softball league ballfleld; 2) the authorized days and hours of use of the leased premises; 3) the temporary display of corporate sponsorship bannem; 4) the installation and use of silent electronic scoreboards; and 5) the limited use of temporary, portable loudspeakers. This correspondence is to advise you that following our discussion with Mr. Cherry, the residents of the Plaza Civic League voted to support the City Council's approval of the new five year lease of City property to Plaza Little League, Inc. On behalf of the Executive Board and all of the residents of the Plaza Civic League, I want to thank you for having a representative of your department meet with us to give the residents the opportunity to discuss and comment on this matter prior to the new lease being submitted to the City Council for their consideration. Sincerely, Richard N. Jones President Plaza Civic League 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE BETWEEN THE CITY AND VIRGINIA BEACH LITTLE LEAGUE, INC. FOR THE USE OF A PORTION OF CITY PROPERTY AT OCEAN LAKES COMMUNITY PARK WHEREAS, the City of Virginia Beach ("City") is the owner of that certain parcel of land containing approximately 24.6 acres, together with all improvements, located in Virginia Beach, Virginia, and known as the Ocean Lakes Community Park ("Park Site"); WHEREAS, Virginia Beach Little League, Inc. has been leasing a 13.06 acre portion of the Park Site for the purpose of operating a youth baseball league. Said portion of the Park Site is shown and described on that certain plat entitled: "PLAT SHOWING PROPERTY LEASED BY VIRGINIA BEACH LITTLE LEAGUE, INC. FROM THE CITY OF VIRGINIA BEACH, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA, SURVEY BUREAU, ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS, CITY OF VIRGINIA BEACH, VIRGINIA". A copy of said plat is attached as Exhibit A; WHEREAS, the current lease between the City and Virginia Beach Little League, Inc. will expire as of December 31, 2000; WHEREAS, Virginia Beach Little League, Inc. desires to execute a new lease to continue its operation of a youth baseball league at the Park Site; and WHEREAS, City staff recommends approval of the execution of a lease for that portion of the Park Site to Virginia Beach Little League, Inc. for the operation of a youth baseball league under terms and conditions that are mutually agreeable. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute a lease between the City and Virginia Beach Little League, Inc. for use of that portion of the Park Site in accordance with the Summary of Terms attached hereto, and containing such other terms as are acceptable to the City Manager and approved by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the 5~ day of December, 2000. C /)- 777,~:> Department of Parks and--R-ec~tbtion o~,' ,,-,/ Department of Law EXI~BXT A EXHIBIT B EXHIBIT C September 28, 2000 Sara Hensley Director of Parks and Recreation City of Virginia Beach Municipal Center, Bldg. #21 Virginia Beach, VA. 23456 Dear Sara, Last night, Mr. Doug Cherry of your staff'met with the members of the Board of Directors for Ocean Lakes Community Association to discuss the lease of 13.06 acres of the City property in Ocean Lakes Community Park to the V'trsjnia Beach Little League. During our discussion, Mr. Cherry thoroughly reviewed all of the proposed terms and conditions of the new five year lease. The main issues discussed were; 1) the installation of ballfield fighting on the big league batlfielcL, 2) the authorized days and hours of use for the leased premises, 3) the temporary display of corporate sponsorship banners, 4) the installation and use of silent electronic scorebosrds, and 5) the limited use of temporary, portable loudspeakers. This correspondence is to advise you that following our discussion with Mr. Cherry, the Board of Directors for Ocean Lakes Community Association voted to support all of the aforementioned proposed terms and conditions of the new lease of City property to the Virginia Beach Little League. On behalf of the Board of Directors, which represents all 2,378 members of Ocean Lakes Community Association, I would like to thank you for having a representative of your department meet with our organization to provide our residents the opportunity to discuss and comment on this matter prior to the new lease be'rog submitted to the City Council for their consideration. Brian Whiles, AMS Manager Ocean Lakes Community Association $EP 2 9 2OOO PARK5 & RECREATION ' Item V-I.2. -27- ORDINANCES/RESOL UTIONS ITEM # 4 7486 The following registered in SUPPORT: Brian Dasher, 5128 Hemlock Avenue, Phone: 495-1704, fisherman Richard Welton, 416 49'h Street, represented the Coastal Conservation Association The following registered in OPPOSITION: Nancy Cobb, 4524 Dunning Road, Norfolk, Phone: 588-5401, owner of Cobb's Marina dosee Hionis, 3904 Richardson Road, Phone: 363-9719, she and her husband own Bubba's Marina, Bait and Tackle and Seafood Restaurant Henry Billups, 539 Nighthawk Place, Phone: 425-3860, fisherman Dimitri Hionis, 3904 Richardson Road, Phone: 36309719 Upon motion by Councilman clones, seconded by Councilman Harrison, City Council ADOPTED: Ordinance to ACCEPT two grants in the aggregate amount of $620,52] from the Virginia Marine Resources Commission (VMRC) for the Lynnhaven Boat Ramp and Beach Facility; and, accept the recommendations in the December 2000 Policy Report. Parks and Recreation will report back to City Council with an Operational Plan in March 2001 that will allow City Council to again review the fee structure and any other modifications based on the market. Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, dr., Barbara M. Henley, Louis R. done& Reba S. McClanan, Robert C. Mandigo, dr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None December 5, 2000 AN ORDINANCE TO ACCEPT TWO GRANTS IN THE AGGREGATE AMOUNT OF $620,521 FROM THE VIRGINIA MARINE RESOURCES COMMISSION FOR THE LYNNHAVEN BOAT RAMP AND BEACH FACILITY 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 WHEREAS, the FY 2000-2001 Capital Improvement Program includes Capital Project # 4- 974, Lynnhaven Boat Ramp and Beach Facility (the "Project"), which involves the construction of a parking area, boat ramps, public restrooms, and walkways to the beach at the Lesner Bridge/Crab Creek spoils site area; WHEREAS, in anticipation of receiving two grants from the Virginia Marine Reso[trces Commission, funds in the amount of $620,521 were appropriated in the FY 2000-2001 Capital Improvement Program for this Project; WHEREAS, the grants have now been formally approved by the Commission subject to the City's execution of a Grant Agreement which sets forth, among other things, the conditions of the grants; and WHEREAS, a Policy Report outlining the operation of the Lynnhaven Boat Ramp and Beach Facility has been reviewed by City Council and includes several key recommendations, including but not limited to, operation of the facility by Parks and Recreation, charging user fees for the facility's use, and providing a discount for individuals with a saltwater fishing license. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That two grants in the aggregate amount of $620,521 are hereby accepted from the Virginia Marine Resources Commission for the construction, operation and management of the Lynnhaven Boat Ramp and Beach Facility; 2. That the City Manager is hereby authorized to execute, on behalf of the City of Virginia Beach, a grant agreement in substantial conformance with the Grant Agreement which is attached hereto as Exhibit A and is hereby incorporated by reference; and 3. That the recommendations set forth in the Policy Report, dated December 1, 2000, and entitled "Operation of the Lynnhaven Boat Ramp and Beach Facility (CIP # 4-974)" are hereby accepted. 31 32 2000. Adopted by the Council of the City of Virginia Beach, Virginia, on the ~ 5 day of December CA-7931 Dat~aty\ordin\noncode\LynnBoat Ramp. Ord November30,2000 R3 APPROVED AS TO CONTENT: Parks and Recreation APPROVED AS TO LEGAL SUFFICIENCY: EXHIBIT A LYNNHA~N BOAT RAMP CITY OF VIRGINIA BEACH Funded by the Virginia Saltwater Recreational Fishing Development Fund Grant # RF 00-38 This Grant Agreement is entered into this 20~ day of November 2000, by the City of Virginia Beach, hereinafter called the "Grantee," and the Commonwealth of Virginia, Marine Resources Commi.ssioll, called the "Grantor." WITNESSETH that the Grantee and the Grantor, in consideration of mutual covenants, promises and agreements herein contained, agree as follows: SCOPE OF SERVICES: Grantee shall construct, operate and maintain the project and provide the services set forth in the attached proposal nmi shall take all necessary actions to comply with the conditions of this grant. Grantor shall grant funds for the project as provided below. PERIOD OF GRANT: May 1, 2000 to July 1, 2001 COMPENSATION AND METHOD OF PAYMENT: Total payments not to exceed $620,521.00 (consisting of two approved amounts of $332,150.00 and $288,371.00) are to be made on a reimbursement basis upon completion of the project proposal work, which is attached as Attachment A, and written proof that nil requirements under the section entitled "Grnnt Conditions" have been met. An expenditure statement will be included in Grnntee's final report. Documentation supporting expenditures will be maintained on file by Grantee. GRANTEE REPORTING REQUIREMENTS: Grantee will provide written reports describing progress and results. Progress repons due on a quarterly basis commencing July 1, 2000 Final report due October l, 2001 GRA.t CONDmONS: The term "facility" in this agreement includes 'those areas and improvements associated with and identified in Grantee's project application form as the portion of the project for the boat ramp related improvements and for which the total estimated cost is $1,184,860.00. Prior to executing this grant agreement on behalf of the City of Virginia Beach, · Grantee shall provide Grantor with documentation, acceptable to Grantor, evidencing the authority of the official signing on behalf of the Grantee to obligate the City of Virginia Beach to the terms of this specific Grant Agreement. Grantee agrees to provide Grantor with any information requested concerning progress of the project proposal and operation and management of the project for 20 years following completion of its construction. Grantee agrees to require only vehicles with boat trailer parking in designated spaces, to be effective upon commencement of operation of the facility and to remain effective concurrent with the operation of the facility. Grantee agrees to enforce "Boat Trailer Only Parking" in the parking area for boat ramp use and further that any vehicles without boat trailers parking in the boat ramp area will be towed and or ticketed as allowed in Sections 21-2 and 21-380 of the City Code of Virginia Beach related to regulation of parking. In addition, the Grantee will provide signs in the boat ramp parking area that will prohibit any parking other than vehicles with boat trailers. Grantee agrees to a 20-year usage of the facility as a boat ramp as proposed and designed. Grantee agrees to keep the facility open for such use 24 hours per day, every day. If, without the express written consent of Grantor, the facility is convened to any usage other than as a boat ramp, as shall be determined by Grantor, prior to the expiration of 20 years from the date the facility is first operational, Grantee agrees to repay Grantor, for deposit into the Virginia Saltwater Recreational Fishing Development Fund, a proportion of the funds granted herein. The proportion to be repaid shall be calculated by the difference between 20 years and the number of full years the facility was operated as a boat ramp prior to its conversion to other use, divided by 20. This proportion shall be multiplied by the original total Grant amount, and this amount shall be returned to the Marine Resources Commission for redeposit into the Virginia Saltwater Recreational Fishing Development Fund. Grantee agrees to place and to maintain signage at the facility indicating the contribution of funds from the Virginia Saltwater Recreational Fishing Development Fund. Grantee agrees to prohibit the rental of personal watercraft at the facility. Grantee agrees that in the event that fees are charged for use of the facility, fishermen possessing a valid Virginia saltwater recreational fishing license shall receive a minimum of 50% discount on all ramp fees, usage fees or parking fees at the facility or for use of the facility. In addition, the Grantee agrees to designate a Capital Improvement Account for long-term maintenance of the facility. Funds in the Capital Improvement Account are to be determined from net revenues (net revenues received after all expenses for annual management and maintenance of the facility). The Virginia Recreational 2 Fishing Advisory Board will be provided an annual accounting of the revenues, expenses, and deposits into the Capital Improvement Account. Grantee agrees that, in addition to any remedies available to Grantor for breach of this agreement, Grantor may deny, solely on the basis of Grantee's noncompliance with the conditions of this Grant, future grant applications submitted to Grantor by or on behalf of Grantee. GRANT DOCUMENTS: The Grant documents shall consist of this signed Grant, documentation satisfactory to Grantor evidencing the authority of the official signing on behalf of the grantee to obligate the City of Virginia Beach to the terms of this specific Grant Agreement, and the attached project proposal and budget. NONAPPROPRIATION: Availability of Funds. It is understood and agreed between the parties hereto that Grantee shall be bound and obligated hereunder only to the extent that the funds shall have been appropriated and budgeted (or otherwise available) for the 'purpose of the Grant Agreement. In the event no funds (or insufficient funds) are appropriated and budgeted for payments due under this Agreement, Grantee shall immediately notify Grantor of such occurrence and this Grant Agreement shall terminate within thirty (30) days of receipt of notice without penalty of expense to Grantee of any kind whatsoever. FORCE MAJEURE: In the event that the Grantee shall be delayed, hindered in or prevented from the performance of any act required under this Grant Agreement by reason of strike, lockout, labor trouble, inability to procure materials, failure of power, riots, insurrection, act or failure to act of Grantor, war or other reason beyond Grantee's control, performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. IN WITNESS WHEREOF, the parties have caused this Grant to be duly executed intending to be bound thereby. GRANTOR: GRANTEE: BY: BY: William A. Pruitt TITLE: Commissioner TITLE: DATE: DATE: 3 December 1,2000 Re Operation of the Lynnhaven Boat Ramp and Beach Facility (CIP #4-974) A. Background The City of Virginia Beach is blessed by an abundance of waterways and beaches that provide wonderful and unique recreational opportunities for our citizens and visitors. The Chesapeake Bay is a significant portion of natural recreation for Virginia Beach and the Hampton Roads Community. With over 12,700 registered boats in Virginia Beach, it is clear that recreational boating, fishing, and waterspods are substantial activities for this area. There are no municipally owned/operated boat ramps or beach facilities in Virginia Beach with direct access to the Lynnhaven Inlet/Chesapeake Bay. This area includes the heavily populated Shore Drive Corridor/Area which has been identified by various public and private organizations as desperately needing a public boat ramp and beach facility. The Virginia Department of Game and Inland Fisheries (DGIF) and the Virginia Marine Resources Commission (VMRC) have indicated that there is a critical need for additional public boating access in this area. This view has been supported by the Ocean Park Civic Association, the Shore Drive Advisory Commission, the Parks and Recreation Commission, and the Hampton Roads Planning District Commission. The proposed Lynnhaven Boat Ramp and Beach Facility, located just west of the Lesner Bridge off Shore Drive, will address the need for public boating and beach access. It will be a first class facility that includes four well designed concrete boat launch lanes with associated temporary mooring areas; 88 trailer parking spaces; lighting; restroom facilities with outside shower/rinse areas and changing areas; an information kiosk; a vending machine area; and safe walk areas. The facility will also provide 102 car parking spaces for beach access. A Conceptual Plan/Drawing of the facility is provided as Attachment A. The current total estimated cost to construct the facility is $1,770,521, which the City Council has appropriated through the Capital Improvement Program (CIP) (CIP #4-974). Of the $1,770,521, funding in the amount of $620,521 is being provided through grants from the Virginia Marine Resources Commission (VMRC). In December 1999, Parks and Recreation received a Virginia Marine Resources Commission (VMRC) grant in the amount of $332,150. A second VMRC grant in the amount of $288,371 was approved in November 2000. These two VMRC grants are being combined into one funding document/agreement and will be executed by separate action. Since grant funding was included in Capital Project #4-974 (Lynnhaven Boat Ramp and Beach Facility) and adopted by City Council with the approval of the FY 2000-2001 Capital Improvement Program, the City Manager will execute the Grant Funding Document/Agreement upon approval of this Policy Report. The Grant Funding Agreement provides the option to charge fees for use of the facility. Conditions for charging fees and accepting the grant funding include: Facility users possessing a Saltwater Fishing License will receive at least a 50% discount on launching, parking, and usage fees (boat ramp only). Any net income from the operation of the facility will be deposited into a separate financial account to support long-term maintenance and operation of the facility. Virginia Recreational Fishing Advisory Board (VRFAB)NMRC will be provided an annual accounting of the revenues and expenditures from the operation. 20-year use of the facility as a boat ramp and to keep the facility open/available for use 24 hours a day, 365 days per year. Enforcement of "boat trailer parking only" in the 88 trailer parking spaces at all times. Prohibit the rental of personal watercraft at the facility. In previous memoranda regarding the operation of the Lynnhaven Boat Ramp and Beach Facility, the Parks and Recreation Staff recommended against user fees because of former restrictions associated with the grant(s). The option to charge fees represents a changed condition that evolved during the grant process. B. Considerations Operation/Staffing/Maintenance Issues: The Department of Parks and Recreation will be responsible for the overall coordination, operation, and maintenance of the facility. The Department has significant experience in the operation of boat ramps and associated facilities/amenities, including two Municipal Boat Ramps at Munden Point District Park and Owl Creek, located next to the Virginia Marine Science Museum, and the Lynnhaven Municipal Marina located in the Lynnhaven Inlet. The Department also manages a seasonal parking revenue operation at Little Island District Park. User Fee Issues: There may be some concern from the public about consistency of fees charged among City operated boat ramps; however, each facility offers a different level of service and amenities and provides access to different bodies of water: There is no user fee to launch at Owl Creek. This facility was built with grant funding which precludes the charging of fees for use of the facility. It provides six (6) boat launch lanes (with access to Owl Creek and Lake Rudee/Rudee Inlet) and 75 trailer parking spaces in a gravel parking lot. Maintenance and upkeep is Provided by Parks and Recreation staff. There are no restroom facilities or other amenities at this site. The City pays $15,000 annually to the State to lease a portion of Camp Pendleton to provide overflow parking for this facility. There is a $3.00 Launch Fee for the use of the Munden Point Boat Ramp. This facility is located within Munden Point District Park and provides two boat launch lanes (with access to North Landing River) and 30 trailer parking spaces in a gravel parking lot. Maintenance and upkeep of the facility is provided by full-time and part-time on-site staff. There are restroom facilities, vending machines, and other amenities at this site. Operating without a user fee for use of the facility, whether it be for boat launch or car parking, most certainly will be an issue for similar businesses located nearby, Seashore/First Landing State Park, and possibly with adjacent residents. One business owner, who owns both a boat launch operation and a parking operation in the immediate area, has expressed concern of the possible adverse impact on his business if no fees are charged for the use of our facility. An adjacent property business owner (since 1966) is very supportive of the project and supports user fees for use of the facility; however, he is not supportive of the facility being leased to a private operator, who he feels will pursue additional revenue enhancement opportunities that will directly compete with his established business. Additionally, Seashore/First Landing State Park charges user fees for use of their facilities. Finally, during public meetings held for the Shore Drive Corridor Plan, adjacent residents supported user fees for boat launch and car parking. However, some of the public may perceive they are being double-taxed by (1) using their tax dollars to assist in building the facility and (2) again by charging user fees for use of the facility. Experience from the Owl Creek and Munden Point Boat Ramps, and othe, r:: Parks and Recreation Facilities, shows us that patrons who pay a user fe'e';,' for use of our facilities tend to take better care of the facilities they use. User fees may create a revenue stream to assist in the long-term maintenance and operation of the facility. This will occur only if revenues exceed total operating expenses annually. There is not an equivalent facility located in the Lynnhaven Inlet Basin. For comparison purposes only, we used the boat launch operations at Seashore/First Landing State Park, Bubba's Marina, and Cobb's Marina. The average boat ramp launch fees in the area are approximately $10.00 as outlined below: Seashore/First Landing State Park ($9.00 peak season) Bubba's Marina ($10.00, $12.00, $15.00 depending on boat size) Cobb's Marina ($10.00) Parking Issues: After meetings with the Resort Administrator, who also oversees the City's Parking Operations, we have concluded that the car parking element of this facility will be used substantially during the summer evening hours for area businesses requiring additional parking. It is the opinion of the Resort Administrator that the 102 car parking spaces in the facility could be utilized to off-set parking demands currently existing in the Lesner Bridge area. C. Public Information Many attempts (through various public meetings) have been made to inform and educate the public about this project. As mentioned in paragraph A above, the DGIF and VMRC have indicated there is a critical need for public boating access in this area. As mentioned earlier, this view has been supported by the Ocean Park Civic Association, the Shore Drive Advisory Commission, the City of Virginia Beach Parks and Recreation Commission, and the Hampton Roads Planning District Commission through other various public meetings. Once a decision is made concerning the operational issues, the Department of Parks and Recreation will inform the public through all available communication outlets. D. Alternative Courses of Action/Options User Fees: Charge: The City's goal should be to 'charge reasonable launch and car parking fees to support long-term maintenance of the facility, guided by fees charged by similar businesses in the immediate area, and the City Municipal Parking Fee Structure. Once fees are determined, the appropriate discount per conditions of the VMRC grants would be applied for applicable users. As mentioned previously, any net revenue from the operation of the facility will be deposited into a separate financial account to support the long-term maintenance and operation of the facility. Not Charge: The facility could be a no-charge facility, open free to the public. There would be no charge for car parking or for launching boats and parking boat trailers. This option would most certainly be an issue with surrounding like business owners, including First Landing/Seashore State Park, as they all charge user fees for use of their facilities. Operation: Privatize/Lease: Once the facility is completed, the entire facility could be leased (through the Invitation to Bid (ITB) Process) to a private operator who would be responsible for the overall operation including revenue collection of all fees and maintenance/upkeep (partially). The current design does not include the usual facilities/amenities for additional revenue sources such as bait and tackle, food/concessions, gas sales, or alcohol sales. These services are available from nearby, established businesses. Past experiences with the City Marina, the Municipal Golf Courses, and the Owl Creek Tennis Center, indicate that a private vendor/operator would want the opportunity to provide these in order to make an acceptable amount of profit. Additional funding would need to be identified to build these additional facilities/amenities should private operation of the facility be considered. Additionally, previous and current experience reveals that Lease Agreements are extremely difficult to enforce and require a tremendous amount of staff time to coordinate/manage. It is believed that Parks and Recreation would still be responsible for managing the concerns and complaints of the public, but would have less control over the resolution of the issues and the quality of service delivered to our patrons. It also raises the potential for concerns of accepting outside assistance/grant funding to build the facility and then turning the facility over to a private operator for them to make a profit from the operation. Finally, as mentioned previously, during public meetings held for the Shore Drive Corridor Plan, adjacent residents and the Shore Drive Community were told that this facility would be a. City operated municipal facility. If private operation is seriously considered, then we would need to conduct additional public meetings to obtain the public's input concerning privatization of the facility. Operated by Parks and Recreation using a Service Contract for Revenue Collection: The Revenue Collection Operation for the collection of car parking fees and for boat launch/trailer parking fees could be contracted (through the Request for Proposal (RFP) Process) to a private operator as is done for Municipal Parking Operations at the Oceanfront. The Department of Parks and Recreation would be the Contract Administrator and would be responsible for the overall operation, maintenance, and upkeep of the facility. Parking Meters: Parking meters could be used to collect parking fees for car parking. The Resort Administrator advises that the cost of parking meters is approximately $700 each ($71,400 for 102 metered spaces). Additionally, the meters would have to be maintained and a separate auditing process would need to be created. Parking meter enforcement would also need to be addressed. These meters are also subject to vandalism. It is the opinion of the Resort Administrator and the Parks and Recreation Department that'using parking meters to collect parking revenue for the facility would not be cost effective and we would still need to address the revenue collection operation for the boat launch operation. Operated Totally by Parks and Recreation: The entire facility could be operated by City Staff from the Department of Parks and Recreation. However, only one City full-time Park Assistant position is currently approved in the 2000-2001 Operating Budget; therefore, additional authorization would be required to increase part-time staff allocations, and additional funding would need to be identified for the additional staffing. The amount of additional staffing would be determined by whether/when fees are charged, hours of operation, etc. It is the opinion of the Parks and Recreation Department that staffing the facility to collect the user fees would not be operationally efficient due to the problematic issues of part- time staff recruitment, retention, and training. The bulk of the revenue collection operation would be conducted by seasonal, part-time personnel. Recommendations Operation of the Facility by Parks and Recreation. The top priority is to build and operate a first-class facility that is clean, safe, reasonably staffed, and provides public boating and beach access for the citizens. A detailed Operations Plan (i.e., hours and method of fee collection, possible future expansion, maintenance, etc.) will be developed before March 2001 by Parks and Recreation. This Operations Plan will be developed with input from Stakeholders such as the Parks and Recreation Commission Liaison Members, Parks and Recreation Staff, and the public, and will be in accordance with the provisions of the VMRC Grant Funding Agreement, and based upon the users expectations of service at the facility. Charge User Fees for Use of the Facility. $10.00 Boat Launch/Trailer Parking Fee for those without a Saltwater Fishing License $5.00 Boat Launch/Trailer Parking Fee for those with a Saltwater Fishing License (50% discount per the conditions of VMRC grant funding) $4.00 Car Parking Fee for those without a Virginia Beach City Decal $2.00 Car Parking Fee for those with a Virginia Beach City Decal $1.00 Car Parking Fee after 5:00 p.m. for those with a Virginia Beach City Decal These user fees, coupled with revenue from a standard vending machine operation at the site, is projected to produce a positive cash flow that will exist to offset the operating expenses of the facility and to produce a revenue stream to build a reserve account for long-term maintenance and operation, and possible future expansion of the facility. Preliminary revenue projections are provided in Attachment B. The future fee schedule/structure would be adjusted to accommodate market conditions. Approved as to Content: Review and Approval Director a~t~Jo Parks and Recre n Approved as to Legal Sufficiency: Approved: .Manager ~ Date Dat~ / Attachment A - Conceptual Plan/Drawing of the Facility Attachment B - Preliminary Revenue Projections '1 N o < aaa LYNNHAVEN BOAT RAMP AND BEACH FACILITY (CIP #4-974) PRELIMINARY REVENUE PROJECTIONS BOAT RAMP LAUNCH FEES $79,163 Based on the Jrollowing proposed_fees: 1. $10.00 for those without a Saltwater Fishing License 2. $5.00 for those with a Saltwater Fishing License (50% discount per the conditions of I/MRC grant funding) Assumptions were that: 1. Weekend and Holiday use would be approximately 85% of capacity and Weekday use would be approximately 25% of cacacity (88 trailer parking spaces). Occupancy rates based on experience/usage of First Landing/Seashore State Park. 2. The proportion of those launching with and without a Saltwater Fishing License would be approximately 50% each. CAR PARKING FEES $17,387 Based on the following pro_tJosed_fees: 1. $4.00 for those without a Virginia Beach City Decal 2. $2.00 for those with a Virginia Beach City Decal 3. $1.00 after 5:00 p.m. for those with a Virginia Beach City Decal Assumptions were that: 1. Weekend and Holiday use would be approximately 85% of capacity and Weekday use would be approximately 25% of capacity (102 car parking spaces). Occupancy rates based on experience/usage of other Municipal Parking Lots and Little Island District Park. 2. The proportion of those parking with and without a Virginia Beach City Decal would be approximately 50% each. Attachment B - 28- Item V-I. 3. ORDINANCES/RESOL UTIONS ITEM # 47487 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to AUTHORIZE the City Manager to execute the appropriate documents for the amendment and sublease re Heron Ridge Golf Course. Voting: 11-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None December 5, 2000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 ORDINANCE AUTHORIZING THE CITY MANAGER TO CONSENT TO ASSIGNMENT OF SUBLEASE AND APPROVE AMENDMENT OF SUBLEASE FOR HERON RIDGE GOLF COURSE WHEREAS, by Ordinance No. 97-2457-K, adopted September 2, 1997, the City Council authorized the City Manager to execute project documents with respect to Heron Ridge Golf Course (the ~Project"); WHEREAS, one of the Project documents is a Sublease Agreement between the City of Virginia Beach Development Authority (the "Authority"), as lessor, and Heron Ridge Golf Club, L.C. (the ~Developer"), as lessee, dated December 1, 1997 (the "Sublease"), pursuant to which the Developer has constructed the Project; WHEREAS, the Developer desires to sell and assign its rights under the SubleaSe to Heron Ridge Golf Course LLC, a Delaware limited liability company (the "Purchaser"), but the Sublease requires the consent of the City of Virginia Beach (the "City") to any sale, assignment, sublease or other transfer of the Sublease; WHEREAS, in connection with.the sale and assignment of the Sublease, the Developer has requested certain amendments to the first paragraph of Section 8.1 of the Sublease as set forth in the attached Exhibit to permit the Developer, and every successor and permitted assignee of the Developer, to mortgage, by a first Deed of Trust and an Assignment of Lease, the Developer's interest in the Project under the Sublease in connection with financing related to (i) any sale, assignment or transfer of the Sublease approved in accordance with the provisions of the Sublease, and (ii) any refinance of a mortgage by the Developer or any permitted purchaser, assignee or transferee previously approved in accordance with the provisions of the Sublease."; WHEREAS, the Developer has requested the foregoing amendments to enable the Purchaser, and subsequent assignees or transferees of the Project to obtain financing; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 WHEREAS, the Sublease and other Project documents require the consent of the City to amend the Sublease; and WHEREAS, the Authority adopted a Resolution on November 21, 2000, approving the requested amendments to the Sublease and the sale and assignment of the Sublease from the Developer to the Purchaser. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Manager, or his designee, is authorized to execute appropriate documents evidencing the consent of the City of Virginia Beach to the sale and assignment of the Sublease for Heron Ridge Golf Course (the "Sublease") from Heron Ridge Golf Club, L.C., to Heron Ridge Golf Course LLC, a Delaware limited liability company. 2. That the City Manager, or his designee, is authorized to execute appropriate documents evidencing the consent of the City of Virginia Beach to the amendment of Section 8.1 of the Sublease as set forth in the attached Exhibit. 3. That the consents and the amendment to the Sublease shall be in a form acceptable to the City Manager, or his designee, and approved by the City Attorney, and the assignment and sale of the Sublease shall be in accordance with Section 7.0 of the Sublease. Adopted by the Council of the City of Virginia Beach, Virginia, on the 5 day of December , 2000. APPROVED AS TO LEGAL SUFFICIENCy: ~ ~zity Attorney /~-~ 4406\002\ORDINANCE CONSENTvr3. doc VED AS TO CONTENT: Financ~e~D~par-tment ~' 2 8.0 SECURITY INTERESTS 8.1 Permitted Security Interests and Leasehold Mortgages. It is understood that in borrowing funds, the Lessee cannot place a mortgage on the Site or the Capital Improvements thereon. However, the Lessee and every successor and permitted assignee of the Lessee is hereby given the right by the VBDA in addition to any other rights herein granted, without the VBDA's prior written consent, to encumber or mortgage (hereafter to "Mortgage") by a first deed of trust or other similar instrument of first priority ( "Deed of Trust") for the benefit of a single senior lender (or its successors and assigns) the Lessee's interests in this Agreement, under a Deed of Trust and assign the Lessee's right, title and interest in the Premises under this Agreement("Assignment of Lease"), upon the condition that (i) all rights acquired under such mortgage shall be expressly subject to each and all of the covenants, conditions, and restrictions set forth in this Agreement, and to all rights and interests of the VBDA and the City under this Agreement (including the VBDA and the City's interest in the Site and the Capital Improvements), none of which covenants, conditions, or restrictions are or shall be waived by the VBDA or the City or, except as expressly provided in this Section 8, modified or limited by reason of the right given so to Mortgage such interest in this Agreement; (ii)~.,,.~"- ....... v,-,,~,-,~-,~"- ,,,Ac ncgotiatlng "-:~ Agrccmcnt ~--' .... ,. ,_~_ ,:__,..~:__ ,.__,. ~'AA-- pC, ir, W, appral;al .......... ,A__,~_., A.,.~_ _:_:, ........... x ~_.,~ rtg insurance, ,,-ts ...... ,,., o ........~,,..o,.ox ,~,,,~ no such mo age shall cross-collateralize, secure or be subject to cross-default with any other debt incurred by the Lessee or any of its affiliates c: ........ ,. ......... ~' and (iii) the holder of notes secured by any such mortgage shall have agreed in writing that the YBDA or the City, at its option, may purchase such notes in the circumstances, and on the terms, set forth in Subsection F of this Section 8.1. |Anythin~ herein to the contrary notwithstanding~ the Lessee, and eve~V suc~s~or and permitted assi~,nee of the Lessee~ ma¥ Mortgage~ b¥ a Deed of Trust and an Assignment of Lease, the Lesse~'s interest in the Premises under this Agreement in connection with financing related to (i) an¥ sale, assignment or transfer of this Agreement approved in accordance with the provisions of this Agreement, and (ii) an¥ refinance of a mortgage bV the Lessee or anV permitted purchaser~ assignee or ~ansferee previously approved in accordance with the provisions of this Agreement.] The Lessee and every successor and permitted assignee of the Lessee is hereby given the right by the YBDA in addition to any other rights herein granted, without the YBDA's prior written consent, to grant additional subordinated leasehold mortgages with respect to this Agreement, subject to each of the conditions described above, and subject to the further conditions that the YBDA and the City (acting through the City Manager or his designee) shall have the right to consent to the form of such subo~linated leasehold mortgages (which shall not be um'easonably withheld) and that such subordinated leasehold mortgages shall not, solely as a result of this Section 8.1, be entitled to any of the cure rights and other benefits contained in this Section 8.1. October 12, 2000 Mr. James K. Spore, City Managcr City of Virginia Beach Virginia Beach Municipal Center Virginia Beach, Virginia 23456 Dear Mr. Spore: Please be advised that Carl M. Freeman Associates and Carl M. Freeman Golf, operator of HeWs Point Golf Club, are currently negotiating with Heron Ridge Golf Club, L.C. to purchase thc sublease for the Heron Ridge Golf Course. As you know, any assignment of that sublease will require the consent of both the City of Virginia Beachand the Virginia Beach Dcvelopmcnt Authority. Further, any agreement to be reached between the purchaser and seller will be contingent upon amendment of certain terms of the sublease, including most importantly relaxing the restrictions currently placed, on the ability of the sublessee to finance the property, together with other changes to the sublease as may be requested by our perspective lender(si. We are also requesting direction from the City and the Development Authority regarding the process to be followcd in order to accomplish amendment and assignment of the sublease. We look forward to initiating this process as soon as.possible. Please contact me at your earliest convenience to fully discuss this matter. Thank you for your attention. yours~_.._ /'Thomas J, Tipton Director of Acquisitions cc: Mr. Mike Knuckles, Assistant City ^ttomey ~0~.541..1121 · F~ 302- Carl M. Freem~n Golf. LLC · 400 Freeport Court - Bcthan't Beach, {DE 19930 ' freem ~ Bear Trap Dunes Golf Club Hole #4-Ocean View, Deiaware Carl M. Freeman Golf, LLC is committed to creating legendary golf experiences. C~ focus is on: · well-trained employees who have the opportunities and benefits that help them grow and live better, · strengthening customer relationships through technology that delivers innovative golf services, and · unmatched customer service. Carl M. Freeman Golf has strategically positioned itself for steady growth by assembling a team of indu leaders and establishing national alliances. This will enable the company to achieve its aggressive five-' acquisitiOn goal within targeted clusters creating a trail of superior facilities. Bear Trap Dunes Golf Club Enjoy 18 holes of pure adventure on Delaware's newest and most exciting golf course (another nine sched~ to open in 2001). Designed by golf course architect, Rick Jacobson, Bear Trap Dunes Golf Club has been ha: one of the top 100 courses in the country by Golf iht Women magazine and the Washington Times has "unquestionably the most challenging layout within 40 miles of Ocean City." The Bay Club The Bay Club, located just five minute~ outside of Ocean Ci~, Maryland, offers two 18-hole ch~npion courses. The West Course recently received a "3 1/2 star" rating by Golf Digest for the 2000-2001 Places to and the East Course boasts the area's only tour quality Zoysia grass fairways. Hell's Point Golf Club Renowned golf course architect Rees Jones designed Hell's Point with an emphasis on strategy rather length on this championship course. Creative fairway angles, challenging greens and 61 sculptured sand are just a few reasons Hell's Point has received "Best of The Beach" 13 years running from the local Virg Beach daily paper and one of the "top daily fee courses in the country" by Golf Digest in 1984. ~'~ a~ NOV.-21'OOiTUE) 12:22 NOV-ZZ-ZDO0 O1:3Z FROtk- CITY VB FINANCE TEL:804-427-4302 P. O0 T-$TZ P, OOZ Patricja A. Phillips, Director City of Virginia Beach Finance Department Municipal Center Virginia Beach, Virginia 23456 Dear Ms, PhilliPs: Carl M, Freeman Golf would first like to thank the City of Virginia Beach for such a gracious welcome inxo the Virginia Beach market. Our experience since purchasing the locals' favorite, Hall's Point Golf Club, has been nothing but enjoyable and encouraging. It is with this in mind, that Freeman Golf is interested in purchasing xhe fights to ~e Heron Ridge Golf Course sublease from Heron Ridge, LC. Carl M. Freeman Golfwill assume the sublease under the ownership structure diagramed below. Please note that Heron Ridge Concessions will operate the food and beverage operations. Heron Ridge Golf Club Ownership Structure City of virgi~ia Beach "] A~oelates _ I Virginia Gmund tease Beach Development Aulhoufity I Sublease Heron Ridge, LLC Hero~ Ridge Concessions I IManagemem ,C, arl Carl Freemen Companies Ownership Structure LCgll M, Freeman Associates1 I __. r Heron Ridge, LLC Heron Ridge Concessions 100% OwnecI i i Cad M. Freemen Golf 100% Owned Carl lv[. Freeman Golf has str~mgically positioned itself for steady growth by aemernbltng a team of industx'y leaders and establishing national alliances, For ~nher information related to our management team, I have enclosed s brief' biography on our leadership. We anticipate an agg;ressive five-year acquisition goal within targeted clustera creetin8 a trail of superior facilities. Below I have highlighted several arm we feel will maximize the efficiencies of the operations and ensure the financial success of Heron ,Ridge Golf Club and Thereby meet the financial requirements of'the Virginia Beach Development Authority sublease. 30Z. S~tl.qiZl · ~x:.t07-541.4 C.~I M. Freeman Golf, LI.t2 . 400 Freeport Coon * Bethany Beach. DI~ 19930 · ke~,nangolt:~ NOV,-21 00{TUE) 12:22 CITY VB FINANCE NOV-ZZ-2OO0 Gl :33 FROM- TEL: 804-427-4302 P. O0 T-67Z P.OD3/OI4 J:-446 First and foremost, we are excited about the initiacive taken by The Virginia Bench Golf Association to promote the resort as a golt:packaging destination. We believe that Virginia Beach will explode as a golf'destination over the next three to seven years. We consider thc recenl additions of'Teetimes, com and Pain's Golf Packages to the team a great enhancement to the Association's ability to reach this goal. Carl M. Freeman Golf is looking forward to working closely with the City, the Association, the other golf course members, the panner hotels, and most importantly the customer. By focusing on the area's strong presence of both thc resort and local golfer, we plan to take advamage of an under-supplied golf demand. We feel there is a potential for growth in the market of over I million rounds of play. Hall's Point and Heron Pddge will provide Carl M. Freeman Golf the ability to implement, support, and build upon many programs that will enhance their profitability and popularity, as weJl as increasc awareness of Virginia Beach as a quality golf destination, Heron Ridge will have four areas of conccntration based on our initial review: memberships, tournamert~s and outings, operations, and physical pl~t. Our busincss stratcgy for Heron Ridge includes instituting the following programs and service philosophies: · Associate Membership with HelPs Point Golf Club; · New Full Membership program for Heron Ridge; · Recruiting a dedicated salesperson whose focus will be memberships and outings; · Increased instructional programming for the entire family that helps to grow the game of golf; · Maximizing thc efficiencies of the operation by focusing on components such as management of thc tee sheet, increasing the level of technology, instituting competitive wages and benefit packages for employees, and management of the maintenance inventory; · Taking advantage of our company's purchasing power to minimize expenses; · Improving the physical plant of thc facility with regards to [andscapin$ of the course and fi'oat entrlmca, ~ourso markings, and sigflage; · Pannefln8 and cross-marketing with other quality facilities in the area inoludlng the new TPC; , Providing unmatched Customer Service; and · Commitment to improving the surrounding community. NOV.-21'O0(TUE) 12:22 CITY VB FINANCE TEL:804-427-4502 P. 0( N~V'-22-~000 01:H FI;0ff',, T-672 P.004/014 F-446 Again, thank you for allowing us the opportunity to present our request for thc Heron Ridge sublcase. We have an aggrcssivc strategic plan for establishing Carl M Freeman Golf as the Top golf course manager ia the Virginia Beach mark~. We feel our management team along with the initiative taken by thc City and The Virginia Beach C)oifAssociation ~vill ensure the financial success of'Heron Ridge Golf'Club. If you should require additional informatio~ or have any further questions please don't hesitate to call me at (302) 537-3537. Sincerely, Thomas $. Tipton Director of Acquisitions Carl M. Freeman Golf, LLC NOV,-21'OO(TUE) 12:2:3 CiTY VB FINANCE TEL: 804-427-4:302 T-6TZ P,005/014 P, 005 F'446 I Carl M. Freeman Golf Leadership Jeffrey M. Wine Vice Presldnnt of Golf Bill Hamilton Director of Golf Opcrations Thomas Tipton Director of Golf Acquisition~ Thomas B. McKay Direct.~r of Golf D~velopment Andrew Buchanan Golf Controller Lauren Bunting Director of Golf Marketing Mario Almonte Director of Sale~ Eric Linde Director of Agronomy Noreen Badua Director of Planning a~id Procedutea NOV,-21'O0(TUE) 12:23 CITY VB FINANCE TEL:804-42?-4302 P, OO6 ~ov-~z-~ooo o1:~4 ~ou.- T-Sn I~,OOS/O~,~ ~-4~S Jeffrey M. Wine Vice President of Golf Jeffrey M. Wine has spent a decade involved in the golf industry- from his first day pulling out carts to his most recent position of Vice President for Carl M. Freeman Golf. By working his way up through all aspects of the golf business, Mr. Wine brings a passion for unparalled service not found in any other golf management and development company. A comprehensive professional background including experience in such industries as restaurant service, hospitality, finance/banking-all the way to a service-based start up company-provides Mr. Wine with an energetic and innovative approach to business in the golf industry. At the core of his business practice is a deep understanding for the importance of gaining customer loyalty and satisfaction. Mr. Wine started his career in golf with KSL Fairways in Virginia. Various positions held with this company include managing a food and beverage operation, general manager for a gol/course, outing sales for five properties, regional manager for four properties and ultimately regional manager for l0 properties. Prior to coming to work for Carl M. l=reeman Golf, Mr. Wine was Vice President for Golilouth overseeing seven golf course properties, three of which he was involved in from the beginning development and construction stages. Other accomplishments within the golf industry include being on the forefront of tee time technology and introducing products such as the ParView GP5 system to Gol/South properties. Mr, Wine was also instrumental iix developing customer loyalty programs such as the Associate Membership program for Golf,South, which generated nearly 5000 members throughout the Mid- Atlantic region. He also oversaw implement'ion of an outing database, a forecast model improving efficiency of operations, and a customer tracking system. An all-embracing management style and a desire to create opportunities for each and every company employee is what attracted him to come and work for Carl M. Freeman Golf- where their core value of Innovatively Helping People Live Better is in concert with his personal value~.. Mr. Wine is a dedicated husband and father living in Bethany Beach, Delaware, NOV.-21'OO(TUE) 12:23 CITY VB FINANCE NOV-Z2-2000 OI :~4 FRO~ TEL: 804-42'/-4302 P, 007 T-~?Z P.O07/OI4 ~-44~ Bill Hamilton Director of Golf Operations Bill Hamilton, most fondly referred to as "Hammer", is a twenty year member of the Professional Golf Association of America. Mr. Hamilton comes to Carl M. Freeman Golf from Cobblestone GoLf Group where he was a General Manager for Kiskiack Golf Club and Virginia Oaks Golf Club. Prior to that, Mr. Hamilton worked for Carolinas Golf Group as Vice President of GoLf Operations where he was responsible for the start up of four golf courses. Mr. Hamilton is a doss A-4 member of the PGA of America and has attended 30~- PGA of America schools and seminars. Mr. Hamilton has also been t~eatured as a speaker at Methodist College's Professional Golf Management Seminar, as well as Cobblestone Golf Groups Golf Professional Conference. In addition to Mr. Hamilt6n's golf business expertise, he has an extensive history in the teaching of game, having worked with all ages and levels of golfers, tie has started numerous junior camps and golfing schools including co-originating the NC State Wolf'pack Golf School, which started with 32 participants in 1989 and doubled that number by the second year. Today the camp is as popular as ever and consistently draws full capacity of 150 junior golfers. Mr. Hamilton also started the York County Parks and Recreation Golf Camp and was President of Triangle Junior Golf in Raleigh, North Carolina. Mr. Hamilton's strong teaching experience has led to 10 of his junior golfers receiving golf scholarships to numerous colleges. Mr. Hamilton has a bachelor's degree in Recreation and Park Administration from North Carolina State University, where he was a four year golf letterman and a member of the All Atlantic Coast Conference Golf Team. He and his wife, Beth, reside just outside of Fenwick Island, Delaware. NOV,-21'OO(TUE) 12:24 CITY VB FINANCE NOV-Z2-2OOO 01 :~4 FRO~ TEL:804-42?-4302 P, 008 T"672 P.006/014 F-446 IJ I Thomas Tipton Director of Golf Acquisitions Thomas Tipton joined Carl M. Freeman Associates as a project director for Sea Colony Development located in Bethany Beach, Delaware, in 1996. In the ensuing three years, he managed the development, opening and operations of a state of the art fitness center located at Sea Colony, Carl M. Freeman's luxury residential beach and tennis community. He managed the acquisitions, permitting, design, construction and opening of Bear Trap Dunes Golf Club, a new 18-hole, par 72-championship golf course in Ocean View, Delaware. He is currently assisting the Vice President of Carl M. Freeman Golf implement an aggressive golf course acquisition and development business plan aimed at establishing the Carl M. Freeman Golf portfolio as the one of the countries best. Mr. Tipton's career'began in 1989 interning with The U~zited States Secret Service on the job- training program. In 1991 Mr. Tipton began a 7-year career with Bell Atlantic Corporation. Starting out as a sales consultant and services technician in Washington DC. He installed, supported, and repaired Local Area Networks as part of the Department of Defense Telecommunications Enhancement Project. Mr. Tipton then moved to a position as a Senior Auditor specializing in areas sensitive to fraud and proprietary information. A graduate of Radford University, Mr. Tipton earned a Bachelor of Arts degree in Criminal Justice minoring in German. Mr. Tipton also received a second degree in Accounting from University of Maryland. He currently resides in Bethany Beach, Delaware with his wife Kristin. NOV. -21'O0(TUE) 12:24 CITY VB FINANCE TEL:804-42'/-4~oO2 P. 009 NOV-ZZ-200O 01:35 FROtA'- T-6T2 P,009/014 F-446 Thomas B. McKay Director of Golf Development As Director of Golf Development for Carl M. Freeman Golf, Tom McKay brings more than twenty years of broad-based experience in the industries of golf, finance, and real estate development. lie has a full understancling of the balance between the business goals of golf cotrrse development, being faithful to the t~'aditions of the game of golf, and creating facilities that customers find enjoyable and memorable. Mr. McKay !oined Carl M. Freeman Golf in May 2000, following five productive years as vice President o~ Development with Golf$outh. At GolfSouth, Mr. McKay was responsible for directing all aspect5 of acquisition, development, financing, and pre-opening operations on daily- fee, semi-p.-ivate, and private golf clubs. I-Ie worked with a number of top goif course designers and contractors, delivering, properties that are critically acclaimed and rank extremely high in customer satisfaction. His project experience spans both warm and cool season climates, flat and rocky sites, and small and large budgets. Prior to joining the golf industry, Mr. McKay began his career as a CPA with a Washington, D.C.- based public accounting firm. He was drawn into the thriving world of real esta~.e development in fi',e early 1980',% working as a senior financcial analyst with the National Housiv. g Partnership and later as Vice President of Development with The Artery Organization, Inc. While working at Ar.tery, Mr. McKay was responsible for all aspects of obtaining entitlements for and overseeing development of commercial and multi-family properties. The total value of properties he was responsible for exceeded $100 million. In the early 1990s, wher~ the real estate market was in a downturn, Mr. McKay worked in the commercial real estate department of Riggs National Bank as an Assistant Vice President. In 1993 he moved into the golf business as a parmer in BeechTree Golf Company. With BeechTree, he was involved in all aspects of club operations, construction management, market and feasibility analysis, pre-development planning and design, and other marketing activities. Mr. McKay is a graduate of James Madison University. He has visited several local colleges and universities to serve as a guest speaker or expert panel participant on the golf industry and real estate development. Mr. McKay, his wife Kathy, and two energetic sons reside in Bethesda, NOV,-21'O0(TUE) 12:24 CITY VB FINANCE TEL:804-427-4~502 P. OIO NOV-ZZ-ZOO0 01:$$FROM- T-6T2 P.OIO/O14 F-446 III III _ I II IIII lllll Andrew Buchanan Golf Controller Andy Buchanar~ serves as the Controller of C.a~l M. Freeman Golf. Mr. Buchanan worked as a consultant to the Freeman Organization begirtning in November 1998 and came on board full-time in September 1999. Mr. Buchanan brings extensive real estate financial, tax and analytical expertise to the position. Viewing the organization's commitment to its core value during his consultant work motivated Mr. Buchanan to become part of the Carl M. Freeman Companies when a fullotime opportunity arose. Prior to joining Carl M. Freeman Golf full-time, Mr. Buchanan was employed since 1996 as a tax manager with Ernst & Young in Washington D.C. specializing in real estate consulting taxation. Mr. Buchanan served as a financial/investment analyst from 1993 to 1996 for HI-[ Hunt Corporation that is a diversified real estate development company that builds homes, master planned communities and golf courses in Richmond, VA. Mr. Buchanan is a CPA and was employed by Arthur Andersen & Co. from 1990 to 1993. A ~'aduate of the American University of Washington, DC, he received a bachelor of Science/ bachelor of Arts degree in accounting in 1990. In addition to analyzing and managing the financial reporting of the golf course companies operations, Mr. Buchanan is a dedicated husband and expecting father living in McLean, Virginia. NOV,-21'O0(TUE) 12:25 CITY VB FINANCE TEL:804-427-4502 P, Oll NO¥-Z2-21)O0 01:35 FROM- T-li?Z P.OlI/OI4 F-446 Lauren Bunting Director of Goff Marketing Lauren Bunting joined Carl M. Freeman Associates in 1997 as the Public Relations Coordinator for the Sea Colony resort located in Bethany Beach, Delaware, Carl M. Freeman's luxury residential beach and tennis community. In this role, she worked on improving community relations, increasing exposure for the company and various internal communication initiatives. In January of 1999, Ms. Bunting advanced into her current position of Director of Golf Marketing for Carl M. Freeman Golf. Prior to joining Carl M. Freeman ASsociates, Ms. Bunt'rog was employed with the Epilepsy Association of the Eastern Shore as Director of Community Affairs; the George Washington University Health Plan as a Marketing Coordinator; and the St. Joseph Medical Center in Towson, Maryland, as Public Relations Coordinator. An honors graduate of Towson Uni~,ersity, Ms. Bunting earned a Bachelor of Science degree majoring in Communications. Ms. Bunting currently resides in Ocean City, Maryland. where she spends time with her husband, Bryant, and yellow lab, Gunner. NOV.-21'001TUE) 12:25 CITY VB FINANOE TEL:804-427-4302 P, 012 NO¥-ZZ-ZOOD 01:36 FROI~ T-GTZ P.OIZ/OI4 F-446 II Ill .... I I Marlo Almonte Director of Sales As the new Director of Sales for Carl M. Freeman Golf, Mx. Almonte brings strong organizational, interpersonal and leadership skills to the position, as well as extensive experience in Golf Sales and Marketing. Most recentIy, Mr. Almonte worked for GolfSouth, where he was the Director of Sales for Pleasant Valley Golf Course and South Riding Golf Course. At GolfSouth, he established relationships and handled major accounts such as AOL, Washington Redskins and the Leukemia Society of America. Mr. Almonte also generated the single largest corporate goff tournament in the region and achieved the high~st month and annual total tournament revenues in the company. Prior to working for GolfS0uth, Mr. Almonte was the Director of Sales atxd Marketing for KSL Fairways, Marlborough Country Club. He developed and implemented a new member orientation program and was instnm,~ental in launchir, g new marketing campaign. A graduate of The University of Maryland, Mr. Alm0nte earned a Bachelor of Arts in Government and Politics with a minor in Criminal Justice. Mr. Almonte currently resides in Fairfax0 Virginia. NOV.-21'OO(TUE) 12:25 CITY VB FINANCE TEL:804-427-4502 P. OI5 NO¥-Z2-200O 01:3E FROt,I- T-5't'2 P. 01:~/014 J:-441~ I .... I __ I Eric Linde Director of Agronomy Eric Linde comes to Bear Trap Dunes with a bachelor's degree in Agronomy from Perm State University and an extensive list of experience in the agronomy field. Eric worked as a golf course superintendent for many high-end golf courses including Landsdowne Resort and Conference Center, Shenandoah Valley Golf Glub, and Farmington Country Club. His professional affiliations include the GCSAA Certified Golf Course Superintendents, founding member of the Zoysiagrass Growers Association, and spokesperson ~or the Audubon Society and USGA Cooperative Sanctuary Program. Eric has also been featured as a speaker at the GCgAA International Conference, the MTA Annual Conference, the VTC Annual Conference and the Ma~ter Gardener Program. Pie has had articles published in Landscape Manugemento Grounds Maintenance, Virginia Turf grass Council Newsletter, Southern Turf Management and Chesapeake Golfer. Eric currently resides in Millville, Delaware with his wife and two children. NOV.-21'O0(TUEJ 12:26 CITY VB FINANCE TEL:804-427-4302 P. 014 PlOV-ZZ-ZOO0 01:36 FROI, I- T,'672 P.014/014 F-446 Noreen Badua Director of Planning and Procedures As Director of Planning and Procedures for Carl M. Freeman Golf, Noreen Badua will coordinate, develop, and update policies a. nd procedures in compliance with Freeman standards and requirements. She will also develop and create effective working models to maximize efficiency and consistency for the successful progression of projects relating to golf course development, acquisition, transition, sales, and marketing Ms. Badua joined Carl M. Freeman Golf in May 2000, following nearly four years as the Director of Operations Development for GolfSouth. At GolfSouth, Ms. Badua was responsible for developing, coordinating, and implementing regional Sales and Marketing programs and procedures as well as internal operating procedures and policies. Ms. Badua served as a liaison between individual course General M .a.~gers, Regional Vice President and corporate staff. She also provided leadership and guidance to the stall of seven golf course properties. Prior to joining GolfSoutho ~s. Badua was employed with U. S. News & World Report in Full-text Preparation; and Weber and Associates, Inc. as the .Project Management Support and Accounts Payable Coordinator; A graduate of The University of Maryland Baltimore County, Ms. Badua earned a Bachelor of Arts degree in Political Science with minors in Writing and History. Ms. Badua was the Assistant Team Coordinator for the North American Basketball Association for six years, and a member of the Filipino Cultural Association for six years. She received the Ramon Magsaysay Award for Academic ExcelIence and Achievement. Ms. Badua currently resides in Ft. Washington, Maryland. NEWS RELEASE FOR IMMEDIATE RELEASE Contact: Lauren Bunting 302-541-4137 Fax:302-541-4115 Cell: 443-235-1287 Emaih Ibunting@freemancompanies.com 'CARL M. FREEMAN GOLF PURCHASES HELL'S POINT GOLF CLUB Bethany Beach, DE - August 2, 2000 - Carl M. Freeman Golf is pleased to announce today's purchase of Hell's Point Golf Club located in Virginia Beach, Virginia. Carl M. Freeman Golf also owns and operates Bear Trap Dunes Golf Club, in Ocean View, Delaware, and The Bay Club, just outside Ocean City, Maryland. Hell's Point Golf Club opened to rave reviews in 1982. Renowned golf course architect Rees Jones designed Hell's Point with an emphasis on strategy rather than length on this 6,766 yard, par 72 course. Creative fairway angles, challenging greens and 61 sculptured sand traps are just a few reasons why Hell's Point won the distinction of one of the top daily fee courses in the country by Golf Digest. In addition, Hell's Point offers a 4,000-square-foot clubhouse featuring an award-winning golf shop and casual grille. Jeff Wine, Vice President of Carl M. Freeman Golf, commented, "The purchase of Hell's Point is a very exciting time for Carl M. Freeman Golf. It marks the beginning of our growth within the Virginia Beach golf market, and what better a course to start with than Hell's Point. This valuable addition to our Mid-Atlantic golf course portfolio will enable us to capitalize on our strengths and successes in course quality and unparalleled customer service that we've built in the Delaware and Maryland coastal area." Carl M. Freeman Golf is also pleased to announce that Tom Stevenson will continue his role of managing the facility, and the other staff members will join the Carl M. Freeman Golf team. Assisting with the operations at Hell's Point will be Bill Hamilton, Director of Golf Operations for Carl M. Freeman Golf. Hell's Point is a popular course for local golfers in South Hampton Roads, as well as the many visiting golfers who vacation in the resort area. Carl M. Freeman Golf has plans to improve the enjoyment of this already popular course by initiating their unmatched customer service that is achieved through a comprehensive training program for each staff member. ~-, MORE ~ 302-541-4121 ' I:nx: ~,02-541-4 .Carl M. Freemnn Golf, I.I.C; ° 400 Frecl',ort C:ou['( · I~,clhany I',,.ach, I~li I~)t)~iO "' lic~.'nLam:,,ll: Page 2 of 2--Carl M. Freeman Golf Purchases Hell's Point Golf Club Hell's Point Golf Club was previously owned by Virginia Beach Golf Club, Incorporated. Tom Broyles, an investor and developer of the course, said, "I'm delighted with the recent sale of Hell's Point Golf Club to the Freeman Companies. Developing and operating golf courses in the Virginia Beach area has been a fond and rewarding experience. Carl M. Freeman Golf has an excellent reputation of serving its customers in an exemplary way. We wish them great success with the course." Joshua Freeman, President of Carl M. Freeman Associates, added, "We are pleased to add Hell's Point to our growing portfolio of golf courses. As the golf company continues to grow, our focus will not only be growth through acquisition and asset development. We will also take an innovative approach to long term growth by focusing the energies of our people-based, multifaceted service company on creating enduring customer relationships." About Carl M. Freeman Golf Carl M. Freeman Golf is a golf course development and management company. The company opened its first golf course, Bear Trap Dunes GolfClub, in July of 1999. Designed by Rick Jacobson, Bear Trap Dunes Golf Club offers a challenging 18 hole layout, with another nine holes scheduled to open in 2001. The course recently received a Top i00 courses designation from GoIJfor Women magazine. Carl M. Freeman Golf has strategically positioned itself for steady growth by assembling a team of industry leaders and establishing national alliances with companies such as teetimes.com~. This will enable the company to achieve its aggressive growth strategy within targeted Mid-Atlantic clusters creating a trail of superior facilities. Carl M. Freeman Golf has been recognized as offering superior customer service and a high-level golf experience by the Washington Times (May 2000). The company also focuses on extensive employee training initiatives and technology that will make Ihe experience of golf more accessible and fun. About Carl M. Freeman Companies Carl M. Freeman Companies have been operating from Maryland since 1946. During the past half-century, Carl M. Freeman and his companies directed an array of successful developments in Maryland, Virginia and Delaware. The Carl M. Freeman Retail portfolio represents eight neighborhood shopping centers throughout the Washington Metropolitan area. As developer of Sea Colony, The Cove and The Preserve, Carl M. Freeman made a commitment to quality on the Eastern Shore nearly 30 years ago. Today, through the dynamic leadership of Joshua M. Freeman, the newest companies are Carl M. Freeman Communities and Carl M. Freeman Golf, developers of the Village at Bear Trap Dunes and the Bear Trap Dunes Golf Club outlide Bethany Beach, Delaware. Carl M. Freeman Companies are committed to developing neighborhood shopping centers, residential and resort communities and golf clubs where all associated can live better, For more information on Carl M, Freeman Ctolfand its facilities, please visit the following websites at Www.freemancornpanies.com, www.theba_vclub.com, www.beartrapdunes.eorn, www.hellspoint.gom, - 29 - Item V-I. 4a/b. ORDINANCES/RESOL UTIONS ITEM # 4 7488 Mario Rosales, 1321 Warner Hall Drive, Phone: 427-1596, President- Red Mill Farms Civic Organization, in support of the Ordinance; however, wished further information relative the content of the agreement and the building of the roads John Kletnents, 2112 Flowerdew Court, Phone: 427-6355, Vice President - South Shore Estates Civic League/Sandbridge Coalition, in support of the Ordinance; however, expressed concerns of the residents. Upon motion by Council Lady Henley, seconded by Vice Mayor Sessoms, City Council ADOPTED, AS REVISED: Ordinance to establish a capital project for Upton Drive/Nimmo Parkway, in the roadways section of the FY 2000-01/2005-06 Capital Improvement Program (CIP) and, TRANSFER $200, O00 from capital project for Queen City and $775, O00 from major intersection improvements. Ordinance to authorize the City Manager to execute a Cost Participation Agreement (approx. $975,000) with Lakeside Construction Corporation re the construction of road improvements at Upton Drive. Voting: 9-1 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: Reba S. McClanan Council Members Abstaining: William W. Harrison, Jr. Council Members Absent: None Councilman Harrison DISCLOSED and ABSTAINED as his law firm represents one of the members of Lake Gem LLC, the developer of the Shopping Center complex located at the southwest corner of Upton Drive and Nimmo Parkway intersection. The itnprovements to Upton Drive could benefit the Shopping Center through enhanced vehicular access. December 5, 2000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 APPROVED AS TO CONTENT: Ma~3~ement Services~ ~~_.~ AN ORDINANCE TO ESTABLISH PROJECT #2- 128, UPTON DRIVE/NIMMO PARKWAY, IN THE ROADWAYS SECTION OF THE FY 2000-01/2005- 06 CAPITAL IMPROVEMENT PROGRAM AND TO TRANSFER FUNDING IN THE AMOUNT OF $200,000 FROM #2-213, QUEEN CITY STREET IMPROVEMENTS, AND $775,000 FROM #2-018, MAJOR INTERSECTION IMPROVEMENTS, TO PROJECT #2-128 WHEREAS, the Master Transportation Plan for the City of Virginia Beach includes a second transportation corridor parallel to the existing north-south corridor (General Booth Boulevard) between the Sandbridge Road/Princess Anne Road intersection and Dam Neck Road; WHEREAS, Upton Drive, an existing collector roadway, can serve as that parallel corridor once various improvements/enhancements are constructed; WHEREAS, a Cost Participation Agreement has been proposed with Lakeside Construction Company to make the necessary improvements to Upton Drive; and WHEREAS, funding is available in Capital Project #2-213, Queen City Street Improvements, and Capital Project #2-018, Major Intersection Improvements, which can be transferred to Capital Project #2-128, Upton Drive/Nimmo Parkway. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That Capital Project #2-128, Upton Drive/Nimmo Parkway, is hereby added to the FY 2000-01/2005-06 Capital Improvement Program for the purpose of improving the existing roadway to serve as a north-south corridor between the S andbridge Road/Princess Anne Road intersection and Dam Neck Road. 2. That funds in the amount of $200,000 from Capital Project #2-213, Queen City Street Improvements, and in the amount of $775,000 from Capital Project #2-018, Major Intersection Improvements, are hereby transferred to Capital Project #2-128, Upton Drive/Nimmo Parkway, for the purpose of funding the improvements. Adopted by the Council of the City of Virginia Beach, Virginia, on the 5th day of December, 2000. CA-7923 F:\data\aty\ordin\noncode\upton drive-nimmo Pkwy.ord 3.wpd December 5, 2000 R1 (Revised) APPROVED AS TO LEGAL City Attorney CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Upton Drive Cost Participation Agreement MEETING DATE: December 5, 2000 Background: There is only one north-south transportation corridor between the Sandbridge/Princess Anne intersection and Dam Neck Road: General Booth Boulevard. A parallel corridor is included in the Master Transportation Plan in the form of Upton Drive, which is a collector roadway to the east of General Booth Boulevard. Upton Drive is constructed between Dam Neck Road and Warner Hall, however it is not completed south of Warner Hall to Nimmo Parkway. In addition, the right-of-way needed to complete an alternative east-west corridor from Lago Mar to General Booth is not City owned. They both comprise vital links in the network of roadways in the City and have been included in the City's Master Transportation Plan for may years. Construction of a four lane Nimmo Parkway from General Booth to Upton Drive and construction of Upton Drive, four lanes from Nimmo Parkway to Elson Green, and two lanes to the Sandbridge/Princess Anne intersection is being provided by the adjacent commercial development. The development does not, however, complete Upton Drive to the north between Nimmo Parkway and Warner Hall, nor does it provide a full four lanes of Upton from Elson Green to the Sandbridge/Princess Anne Road intersection, a traffic signal at Upton and Nimmo Parkway, or provide any additional right-of-way for the extension of Nimmo Parkway to the east of Upton Drive, thereby leaving these important corridors incomplete. Considerations: The completion of Upton Drive from the Sandbridge/Princess Anne intersection to Dam Neck Road is needed to provide the planned alternative north-south corridor to General Booth Boulevard. Similarly, the extension of the Nimmo roadway corridor to serve the Lago Mar community is prohibited without the acquisition of the right-of-way to the east of Upton Drive. Lakeside Construction Corporation, who is constructing most of the development and adjacent roadways in the area, is willing to participate with the City in the completion of Upton Drive and provide the right-of-way to the east at a cost less than possible by the City alone. They have agreed to add two lanes to Upton Drive from the Sandbridge/Princess Anne Road intersection to EIson Green, complete Upton Drive (two lanes) between the new Nimmo Parkway and Warner Hall, provide a landscaped buffer in this area on the west, add curb and gutter to the remaining two lane portion of Upton Drive to the north, and dedicate the right-of-way east of Upton to Townfield Lane for the extension of Nimmo Parkway. They will benefit by completing the roadway network to the north, enabling the nearby residents easy access to the new commercial development. Similarly, they anticipate the future eastward extension of the roadway network will provide easier access for the residents of Lago Mar to the developing commercial area. The adjacent Red Mill and South Shore Estates communities have been contacted and accepted the completion of the roadway network as proposed, with only minor concerns, which will be addressed with the installation of the roadway improvements. As noted earlier, Lakeside Construction has agreed to align the missing portion of Upton drive to the east and provide a landscaped buffer for the adjacent homes and to better fit this roadway link into the community. Staff has estimated that to design and construct the roads described above as a City project, as well as acquire the right-of-way needed for Nimmo Parkway from Upton Drive to Townfield Lane, would cost approximately $2.2 million ($1.7 million for construction and $500,000 for right-of-way acquisition). The developer has agreed to accept $975,000 as full payment. Further, he has agreed to complete the roads within approximately 5-8 months. Funding is available in Capital Project # 2-213, Queen City Street Improvements ($200,000) and Capital Project # 2-018, Major Intersection Improvements ($775,000). (Capital Project # 2-213 is a completed project, and, if necessary, some or all of the $775,000 being transferred out of Capital Project # 2-018 can be appropriated back into the project in the FY 2001-2002 Capital Budget.) Public Information: Red Mill Civic League and South Shore Estates Civic league meetings on November 14, 2000, and other personal contacts with the nearby Civic League officers. Advertisement of this City Council agenda. Alternatives: Two alternative courses of action exist: the City Council can authorize the City Manager to enter into the Cost Participation Agreement, establish a new CIP project for this roadway corridor work, and re-appropriate the current year funds into the project, or decide not to enter into the Agreement. Recommendations: Staff recommends that City Council adopt the ordinance allowing the City Manager to enter into the Upton Drive Cost Participation Agreement for roadway improvements with Lakeside Construction subject to terms and conditions to be approved by the City Attorney, and adopt the ordinance to establish the CIP project and transfer funds to the project. Attachments: Site Plan, Ordinance Establishing a New CIP, Ordinance Authorizing City Manager to Execute the Cost Participation Agreement Cost Participation Agreement Terms Summary, CIP project. Recommended Action: Adopt the ordinances authorizing the City Manager to enter into the Cost Participation Agreement and establishing/funding the CIP project Submitting Department/Agency: Department of Public Works City Manager: F:\Data~ATY\Ordin\NONCO DE\U pton Drive.arf2.wpd 1 2 3 4 5 6 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A COST PARTICIPATION AGREEMENT BETWEEN THE CITY AND LAKESIDE CONSTRUCTION CORPORATION FOR THE CONSTRUCTION OF ROAD IMPROVEMENTS AT UPTON DRIVE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 WHEREAS, there is only one north-south transportation corridor between the Sandbridge Road/Princess Anne Road intersection and Dam Neck Road-General Booth Boulevard; WHEREAS, a parallel corridor is included in the Master Transportation Plan in the form of Upton Drive; WHEREAS, Upton Drive is constructed between Dam Neck Road and Warner Hall, however, it is not completed south of Warner Hall to Nimmo Parkway; WHEREAS, the right-of way needed to complete an alternative east-west corridor from the Lago Mar subdivision to General Booth Boulevard is not City owned; WHEREAS, the completion of Upton Drive from the Sandbridge Road/Princess Road intersection to Dam Neck Road is needed to provide the planned alternative north-south corridor to General Booth Boulevard; WHEREAS, the extension of the Nimmo roadway corridor to serve the Lago Mar community is prohibited without the acquisition of the right-of-way to the east of Upton Drive; WHEREAS, Lakeside Construction Corporation, who is the owner of and is constructing most of the commercial development and the adjacent roadways in the area which encompasses the aforesaid needed road improvements, is willing to participate with the City in the completion of Upton Drive and to dedicate the aforesaid needed right-of-way to the east; and WHEREAS, City staff has determined that entering into a cost participation arrangement with Lakeside Construction Corporation for the construction of the said road improvements and the dedication of the needed right-of-way at a total cost of $975,000 will be beneficial to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 30 31 32 33 34 35 That the City Manager is hereby authorized to execute a cost participation agreement between the City and the Lakeside Construction Corporation for construction of road improvements at Upton Drive in accordance with the Summary of Terms attached hereto, and containing such other terms as are acceptable to the City Manager and approved by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the 5 day of Deco mbor ,2000. CA- H:\WP61\uptondr2-ord.wpd R-1 11/20/00 APPROVED AS TO CONTENT: DepartmEnt ~f Public V~orks -~ APPROVED AS TO LEGAL SUFFICIENCY: Department of Law ~/ - 30 - Item V-I. 5. ORDINANCES/RESOL UTIONS ITEM # 4 7489 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED, AS REVISED: Ordinance to authorize a temporary encroachment into a portion of the existing city right-of-way, known as Signature Drive, by Baymarl{ Construction Corporation re an identification sign at "Villages at West Neck ". The following conditions shall be required: The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval as to size, alignment and location. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. The applicant shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the temporary encroachment. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. The applicant agrees to submit and have approved a traffic control plan before commencing work in the encroachment area. The applicant agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Request for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. The applicant must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within the encroachment area. 9 Prior to issuance of a right-of-way permit, the applicant must post sureties in accordance with the project engineer's cost estimate, to the Office of Development Services Center/Planning Department. December 5, 2000 -31 - Item V-I. 5. ORDINANCES/RESOLUTIONS ITEM # 47489 (Continued) 10. The applicant shall obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant must also carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant must provide endorsements providing at least thirty (30) days'written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. 1]. Any above-ground temporary encroachment shall conform to the minimum setback requirements, as established by the City Traffic Engineer's Office. 12. Applicant shall submit for review and approval a survey of the area being encroached upon, certified by a registered professional engineer or a licensed land surveyor and/or "as built" plans of the temporary encroachment, sealed by a registered professional engineer, if required by the City Engineer's Office. 13. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100. 00) per day for each and every day that such temporary encroachment is allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 11-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, dr., Barbara M. Henley, Louis R. done& Reba S. McClanan, Robert C. Mandigo, dr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None December 5, 2000 ORDINANCE NO. Requested by Department of Public Works 1 2 3 4 5 6 AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF THE EXISTING CITY RIGHT OF WAY KNOWN AS SIGNATURE DRIVE BY BAYMARK CONSTRUCTION CORPORATION, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 WHEREAS, Baymark Construction Corporation desires to construct and maintain a community identification sign, guardhouse, brick pavers and a seat wall into the City's right of way located at Signature Drive. WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 2107, Code of Virginia, 1950, as amended, to authorize a temporary encroachment upon the City's right of way subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Baymark Construction Corporation, its heirs, assigns and successors in title are authorized to construct and maintain a community identification sign, guardhouse, brick pavers and a seat wall into the City's right of way as shown on the map entitled: "VILLAGES AT WEST NECK ENCROACHMENT EXHIBITS," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and Baymark Construction Corporation, (the "Agreement"), which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and 30 31 32 33 34 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Richard S. Foster, President on behalf of Baymark Construction Corporation and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 5 day of December ,2000. 35 36 37 R-1 PREPARED: October 17, 2000 APPf'~VED AS TO CONTENTS ~/' SiGNA"FURE - DEPARTMENT APPROVED ASTO LEGAL SUFFICIENCY AN~FO~M PREPARED BY VIRGINIA BEACH CITY ATI~ORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-81 l(a)(3) AND 58.1-$11 (c)(4) REIMBURSEMENT AU'I~OR1ZED UNDER SECTION 25-249 THIS AGREEMENT, made this .2nd day of 0ct:ober ., 20..00 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and BAYMARK CONSTRUCTION CORPORATION, a Virginia corporation, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land belonging, lying, situate and being in the City of Virginia Beach, Virginia, described in Deed Book 4129, at Page 1939 and being shown in Map Book 279 at Pages 82 through 84 and Map Book 290, at Pages I through 8. Said documents being duly recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia; and That, WHEREAS, it is proposed by the Grantee to construct and maintain a community identification sign, guardhouse, brick pavers and a seat wall, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right of way known as Signature Drive "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GP1N 1493-86-8672 NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on those certain plats entitled: "VILLAGES AT WEST NECK ENCROACHMENT EXHIBITS." Said exhibit plats consist of three (3) sheets, copies of which are attached hereto to which reference is made for a more particular description. R is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear ali costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in The Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post sureties, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to any setbacks requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The 4 Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said BAYMARK CONSTRUCTION CORPORATION, a Virginia corporation, has caused this Agreement to be executed in its corporate name and on its behalf by its president, with due authority by its board of directors. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk BAYMARK CONSTRUCTION CORPORATION, Richard S. Foster, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ,20 , by DESIGNEE OF THE CITY MANAGER. day of , CITY MANAGER/AUTHORIZED My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACtt, to-wit: BEACH. The foregoing instrument was acknowledged before me this day of ,20 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA My Commission Expires: 6 Notary Public STATE OF VIRGINIA CITY/¢~ OF VIRGINIA REACN , to-wit: 9ct. ober The foregoing instrument was acknowledged before me this 5th day of .... 20 0q by RICHARD S. FOSTER, President, on behalf of BAYMARK CONSTRUCTION CORPORATION, a Virginia corporation. My Commission Expires: August 31, 2002 Notary Public APPROVED AS TO LEGAL SUFFICIENCY CITY ATTORNEY APPROVED AS TO CONTENT CdTY REAL ESTATE AGENT 7 ! / I.IJ UJ O0/fl~/flO LB LB 00/6~/60 LOCATION MAP SCALE : 1" = 3,200' APPROX. LOCATION C~ [4q3-87-q[55 7 © ~d493-97- 1 I I ] 4~9-q7-23'~3 ~ LOCATION MAP OF PROPOSED COMMUNITY IDENTIFICATION SIGN, GUARD HOUSF, BRICK PAVFRS AND SFAI WALL FNCROACHMFNIS INIO SIGNAIURF DRIVF x:x ,~r:, FOR BAYMARK CONSTRUCTION CORPORATION ~::' SCALE: 1" = 200' c~ ,.~0 p~casso/jim lawson agenda, dgn PREPARED BY P/W ENG. DRAFT. $$$$DATE$$$ - 32 - Item V-I. 6. ORDINANCES/RESOL UTIONS ITEM # 47490 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED with addition of ADDED item re Kerr Reservoir: Resolution re the City's 2001 LEGISLATIVE PACKAGE requesting sponsorship and/or support for legislation proposed by Virginia Beach in this package. Voting: IO-1 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William IV. Harrison, dr., Barbara M. Henley, Louis R. Jones, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and Rosemary Wilson Council Members Voting Nay: Reba S. McClanan Council Members Absent: None December 5, 2000 1 2 3 4 5 6 7 A RESOLUTION ADOPTING THE CITY'S 2001 LEGISLATIVE PACKAGE AND REQUESTING MEMBERS OF THE CITY'S LOCAL DELEGATION TO THE GENERAL ASSEMBLY TO SPONSOR AND/OR SUPPORT LEGISLATION THAT WOULD CARRY OUT THE GOALS AND OBJECTIVES SET FORTH THEREIN 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, City Council traditionally adopts a package of legislative goals and objectives of the City and requests members of the City's local delegation to the General Assembly to sponsor and/or support legislation to carry out these goals and objectives; and WHEREAS, City Council has considered a number of goals and objectives for inclusion in the City's 2001 Legislative Package. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby adopts the City's 2001 Legislative Package, a copy of which is attached hereto as Exhibit A and is hereby incorporated by reference. BE IT FURTHER RESOLVED: That the members of the City's local delegation to the General Assembly are hereby requested to sponsor and/or support legislation in the 2001 Session of the General Assembly that would carry out the goals and objectives of the City as set forth in its Legislative Package. BE IT FURTHER RESOLVED: That the City Clerk is hereby directed to transmit a copy of this Resolution to each member of the City's local delegation to the General Assembly. Adopted by the Council of the City of Virginia Beach, Virginia, on the 5 day of December , 2000. CA-7927 ORDIN\NONCODE\2001 LEGISLATIVE PKG.RES DECEMBER 5, 2000 APPROVED AS TO CONTENT: C~ana~r,~r's Offi~ APPROVED AS TO LEGAL - 33 - Item V-I. 7. ORDINANCES/RESOL UTIONS ITEM # 4 7491 Charles Traub, III, 784 Glasgow Court, Phone: 340-9056, registered in OPPOSITION. Upon motion by Council Lady Parker, seconded by Council Lady Eure, City Council ADOPTED: Resolution to authorize the City Manager to set forth the views of the City re the draft Guidance Policy for the BUFFER AREA REQUIREMENTS and LIMITATIONS on DEVELOPMENT; proposed amendments to the Chesapeake Bay Area Designation and Management Regulations; and, request the Chesapeake Bay Local Assistance Board to consider actions that will maintain and strengthen local partnership with the Commonwealth of Virginia to promote the protection of water quality in the Chesapeake Bay Watershed. Staff to provide monthly reports of CBP~lB/Wetlands Boards to City Council. Vo ting: 1 O- 1 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: Reba S. McClanan Council Members Absent: None December 5, 2000 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO SIGN AND TRANSMIT LETTERS TO THE GOVERNOR, SECRETARY OF NATURAL RESOURCES, MEMBERS OF THE CITY'S GENERAL ASSEMBLY DELEGATION AND MEMBERS OF THE CHESAPEAKE BAY LOCAL ASSISTANCE BOARD SETTING FORTH THE CITY'S VIEWS CONCERNING THE DRAFT BUFFER GUIDELINES AND REGULATORY AMENDMENTS PROPOSED BY THE CHESAPEAKE BAY LOCAL ASSISTANCE BOARD WHEREAS, the Chesapeake Bay Local Assistance Board (CBLAB) has promulgated a draft Guidance Policy for Buffer Area Requirements and Limitations on Development Activities, as well as proposed amendments to the Chesapeake Bay Preservation Area Designation and Management Regulations; and WHEREAS, CBLAB has provided the public an opportunity to comment on the draft policy and proposed regulations under the provisions of the Administrative Policy Act; and WHEREAS, the Hampton Roads Planning District Commission has reviewed these proposals and provided comments, on behalf of its constituent local governments, to CBLAB; and WHEREAS, the City of Virginia Beach has a long-established record of supporting the purpose and intent of the Chesapeake Bay 'Preservation Act and related activities; and WHEREAS, the City Council Chesapeake Bay programs and is of the opinion that the protection and enhancement of water quality would not be served by the adoption of the proposed regulations as they are presently written; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized and directed, on behalf of the City of Virginia Beach, to sign and transmit letters to the Governor of the Commonwealth, the Secretary of Natural Resources, the members of the City's General Assembly delegation, and the members of the Chesapeake Bay Local Assistance Board, 35 36 37 38 39 40 41 42 43 44 45 46 setting forth the views of the City of Virginia Beach concerning the draft Guidance Policy for Buffer Area Requirements and Limitations on Development Activities and proposed the amendments to the Chesapeake Bay Preservation Area Designation and Management Regulations. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Chesapeake Bay Local Assistance Board is hereby requested to consider actions as set forth in these letters to maintain and strengthen local efforts in partnership with the Commonwealth of Virginia in order to promote the protection of the water quality of the Chesapeake Bay Watershed. 47 48 49 50 51 52 Adopted by the Council of the City of Virginia Beach, Virginia 5 on the day of December, 2000. CA-7932 wmm/ordres/chesbayres.wpd November 30, 2000 APPROVED AS TO CONTENTS: Planning Department APPROVED AS TO LEGAL SUFFICIENCY: Law Department December 6, 2000 Sample Letter to be sent to Members of the Chesapeake Bay Local Assistance Board (see attached list) ' Re: Draft Guidance Policy for Buffer Area Requirements and Limitations on Development Activities Dear At its meeting on December 5, 2000, the City Council of the City 'of Virginia Beach considered recommendations on the Draft Guidance Policy on "Buffer Area Requirements and Limitations on Development Activities," developed by City staff, the Hampton Roads Planning District Commission (HRPDC) staff, and the HRPDC's Hampton Roads Chesapeake Bay Committee. The City understands that this Policy is to be considered by the Chesapeake Bay Local Assistance Board (CBLAB) at its December 11, 2000 meeting. We respectfully request that you postpone the adoption and implementation of the proposed Draft Guidance Policy, and work with the City and other urban communities in Hampton Roads and Tidewater Virginia to develop a more flexible approach of addressing the intent of the Chesapeake Bay Preservation Act (CBPA) concerning protection of water quality. According to the Draft Guidance Policy, the document is an attempt by the CBLAB to address the interpretation of the current Regulations governing the establishment and use of the Resource Protection Area (RPA) buffer. As have many of our neighboring urban communities in Hampton Roads, the City of Virginia Beach has interpreted the regulations to permit encroachments into the 100-foot buffer area up to 50 feet with the installation of equivalent water quality best management practices. The City believes that the Draft Buffer Policy fails to address the real underlying issue. The real issue is whether or not preserving the integrity of the 100-foot buffer is required solely for the purpose of improving water quality or for a combination of additional purposes, such as wildlife habitat and open space protection. It is recognized that other localities have, consistent with their comprehensive plans and other objectives, interpreted the buffer requirements narrowly. Still others, such as Virginia Beach, have exercised the option of including other lands within their RPA area, as we have done by including highly erodible soils as a feature of the RPA, defining these soils which have a slope greater than 6 percent. This flexibility has allowed localities to develop programs responsive to local situations, geographic conditions, pre-existing development patterns and storm drainage systems while meeting the CBPA goal of protecting water quality. In intensely developed urban areas, however, the Draft Buffer Policy may conflict with the stated water quality protection goal, as well as adopted local goals, by increasing the costs of development in the urban area and encouraging sprawl development. The City believes that the CBPA itself resolves the issue by clearly stating in Section 10.1-2100 of the Code of Virginia, that the purpose of the Act is solely water quality protection. Protecting wildlife habitat or open space, while laudable goals that are supported by the City of Virginia Beach, are never identified as goals of the CBPA. Because the primary goal for preserving the 100-foot buffer is water quality protection, local governments should continue to be provided with flexibility in meeting this goal through the use of innovative measures, such as stormwater best management practices and restoration of vegetation, that equal or exceed the assumed sediment and nutrient reductions achieved through preservation of an intact 100-foot buffer. This flexibility is likely to serve as an incentive for infill development and the provision of a broader range of water quality and related benefits. In providing this flexibility, the regulations should continue to encourage the establishment of the full buffer where appropriate. The assumption, embodied in the regulations, that preserving a 100-foot buffer will achieve a 75 percent reduction in sediment and 40 percent reduction in nutrients is often overly optimistic in light of real situations faced in localities such as Virginia Beach. In many areas of our community, the 100-foot buffer is typically composed entirely of a fertilized lawn and is rarely a pristine forested buffer. In such areas, it is obvious that the buffer is not meeting the assumed pollutant removal efficiencies and, therefore, is not meeting the goal of the CBPA. By allowing encroachments in the 100-foot buffer through a documented and conditioned exception or variance process, Virginia Beach has been able to achieve net gains in water quality improvement by requiring stormwater best management practices or partial buffer revegetation. This is accomplished through the process of negotiating approval of a buffer exception with developers and individual property owners on a case-by-case basis. For example, the following are typical conditions attached to approval of buffer encroachment exceptions or variances: 1. Establishment of a buffer of 25 - 50 feet of native vegetation where no buffer exists. The potential buffer area currently consists of pavement or lawn. 2. Restoration/establishment of tidal wetlands fringe marsh where none exists at present. 3. Replacement of bulkheaded shoreline with fringe marsh or riprap revetment. 4. Provision of on-site Best Management Practices to treat 100 percent of the site in a redevelopment project where only a 10 percent pollutant reduction and BMP to treat the increased impervious surface would be required by the regulations. 5. Dedication of perpetual conservation easements for passive open space on a buffer area of 25-50 feet where none existed. 6. Removal of exotic vegetation and replacement with native vegetation. The City of Virginia Beach recommends that the Chesapeake Bay Local Assistance Board not adopt the Draft Buffer Policy, as proposed. It is not clear that establishment or maintenance of an intact 100-foot buffer area in all situations, as required by the proposed Draft Buffer Policy, is always the most cost-effective means of achieving the CBPA's goal of water quality protection. Local governments should be afforded the flexibility of achieving water quality protection in the most cost-effective manner consistent with specific site conditions and local goals and policies. The City also believes that the Draft Buffer Policy should be considered in the context of the proposed revisions to the CBPA Regulations, which are being considered concurrently by the Chesapeake Bay Local Assistance Board, and the HRPDC and City' comments on the proposed regulations. The City of Virginia Beach appreciates the opportunity to share its concerns with you. The City would be pleased to work with you and your stal'f in crafting a Draft Buffer Policy, which better meets the needs of the urban localities like ours and the goals of the CBPA. Sincerely, James K. Spore City Manager CC: Mayor Obemdorf City Council Members Michael D. Clower, CBLAD Executive Director Steven Thompson Bob Matthias Robert Scott Clay Bernick CBLAB Ms. Anna Lee Bamforth Chesapeake Bay Local Assistance Board 1061 North Shore Road Norfolk, VA 23505 Mr. Robert J. Bannach Chesapeake Bay Local Assistance Board Post Office Box 64 Reedville, VA 22539 Mr. Frank L. Benser Chesapeake Bay Local Assistance Board Post Office Box 118 Bowling Green, VA 22427 Mr. Donald W. Davis Chesapeake Bay Local Assistance Board 3630 George Washington Memorial Highway, Suite G Yorktown, VA 23693 Ms. Dama E. Rice Chesapeake Bay Local Assistance Board 1708 Hickory Hill Road Petersburg, VA 23803 Mr. Michael S. Rolband Chesapeake Bay Local Assistance Board 14088 - M Sullyfield Circle Chantilly, VA 22021 Mr. L. Clifford Schroeder Chesapeake Bay Local Assistance Board 610 Moorefield Park Drive, Suite 100 Richmond, Virginia 23236 December 6, 2000 Sample Letter to be sent to Governor Gilmore, Secretary Woodley, General Assembly Members, and Members of the Chesapeake Bay Local Assistance Board (see attached list) Re: Chesapeake Bay Preservation Act Regulations Dear At its meeting on December 5, 2000, the City Council of the City of Virginia Beach reviewed two proposals of the Chesapeake B ay Local Assistance Board that are being considered for adoption by the Board during December 2000. The proposals before the Board include: · Draft Guidance Policy on "Buffer Ama Requirements and Limitations on Development Activities." (Scheduled for Board adoption on December 11, 2000.) · Proposed Regulation: 9 VAC 10-20 et seq. Chesapeake Bay Preservation Area Designation and Management Regulations. (Deadline for public comment is December 8, 2000.) The City of Virginia Beach is ve~3, concemed about the potential negative impacts of the proposed Regulations and the Draft Guidance Policy on our City and other urbanized localities of the Hampton Roads region. During its review of the proposed Policy and Regulations, the City identified a number of concerns with the proposals and with the ongoing implementation of the Chesapeake Bay Preservation Act. They include: The CBPA Regulations embody a "one size fits all" approach and do not reflect individual local government or site-specific issues. The Program contains a decreasing amount of flexibility to accommodate individual circumstances, especially in urbanized areas. When enacted, the Chesapeake Bay Preservation Act established a partnership between the state and local governments to protect and improve water quality in the Chesapeake Bay and its tributaries. It is not clear, based on Virginia Beach's participation in the program for over ten years, that the program can truly be characterized as a partnership. Increasingly, state funds for program implementation are not available in amounts sufficient to support local programs. Technical assistance from CBLAD may or may not be available to the localities. The Chesapeake Bay Local Assistance Department and Board increasingly act as a regulator and not a partner in this endeavor Performance Standards. The proposed Regulations establish performance standard for development in Chesapeake Bay Preservation Areas governing factors such as use of indigenous vegetation, minimization of land disturbance and reduction in impervious cover. Additional flexibility to accommodate local conditions and local comprehensive plan goals is warranted to ensure consistency with the eighty-six commitments in the Chesapeake Bay Agreement 2000, nearly one-third of which apply directly to local government implementation activities. Such flexibility may lead to improved water quality protection in a more cost-effective manner. Governmental Responsibilities. The Regulations do not reflect the division of responsibility and authority between localities and state agencies. For example, the Regulations require local government enforcement of provisions addressing agriculture, forestry and septic tank operation, although agriculture and forestry are subject to much less stringent requirements than are local government and development activities. This is in spite of the fact that agriculture and forestry am exempt from erosion and sediment control requirements under state law and that per acre pollutant loadings fi'om these activities are typically greater than fi'om urban areas. Similarly, the City is placed in the position of implementing requirements that fall within the purview of the Virginia Department of Health with respect to septic tank operations. It is not clear that localities have the necessary enabling authority to enforce these requirements. Program redundancy. Since enactment of the CBPA, a myriad of other programs, depending largely on local governments for implementation, have been enacted by the Commonwealth and/or federal government. They include strengthened state requirements for Erosion and Sediment Control, new permit requirements under the Clean Water Act for stormwater discharges, new state and strengthened federal regulations governing activities in nomidal wetlands, Tributary Strategies, pending Total Maximum Daily Load requirements under the Clean Water Act and a host of commitments through the Chesapeake Bay Agreement 2000. The redundancy inherent in this multitude of requirements is not cost-effective and may not lead to achievement of the goals of the various programs. Implementation Costs. In its critique of the proposed CBPA Regulations, the Department of Planning and Budget identified a number of cost increases, which will result from adoption of the new regulations. Under the proposed Regulations, local government reporting requirements are increased. Many of these requirements duplicate reporting requirements under other programs, such as stormwater permitting and erosion and sediment control. Such increases will affect Virginia Beach's implementation as well as public and private development activities. In addition to these overarching concerns, the City has identified numerous technical issues that are being raised separately with the CBLAD staff through the regulatory review process. A list of these items is attached. The City of Virginia Beach believes that the Draft Policy and proposed Regulations will severely limit local government's ability to meet basic community development goals while also significantly increasing local program costs. While the proposals are intended to reduce the redundancy of state programs and promote water quality protection, they will, in practice, increase regulatory overlap and promote the type of harmful sprawl development that contributes to water quality degradation. The Board's proposals fail to recognize the significant investments being made by Virginia Beach and our neighboring Hampton Roads communities in the development and implementation of stormwater and erosion and sediment control programs to meet the water quality requirements of other State mandates. These proposals are also clearly out of step with many of the commitments recently made by the Commonwealth as a signatory to the Chesapeake Bay Agreement 2000. The City of Virginia Beach requests your support of legislative initiatives to: Postpone the implementation of the Draft Guidance Policy and the proposed Regulations. The City's CBPA Program and related water quality protection measures will remain in full force under the authority of existing state law and regulations and locally adopted ordinances. The temporat3, moratorium will provide the time necessary to evaluate the proposed Policy and Regulations without compromising water quality protection programs. Postpone pending enforcement actions by the Chesapeake Bay Local Assistance Board against Virginia Beach and other localities under the proposed Draft Guidance Policy. Conduct an independent evaluation, through the Joint Legislative Audit and Review Commission or an alternative legislative Study Commission, of the Board and Department with respect to redundancy with other related State agencies and programs, and consistency with other State planning, zoning and water quality protection regulations and policies. Evaluate the local funding requirements that may be necessary to meet State mandated water quality protection goals and commitments, including the Chesapeake Bay Prese~wation Act, Chesapeake Bay Tributary Strategies, Virginia Nontidal Wetlands Program, the Chesapeake Bay Agreement 2000 and the state's efforts to develop Total Maximum Daily Loads under the federal Clean Water Act. The government and citizens of Virginia Beach recognize that they have important roles to play in working with the State to achieve water quality and related goals. We respectfully encourage your support for the development of consistent state guidelines and meaningful levels of financial and technical assistance. The City of Virginia Beach is willing and prepared to work with you and others to refine these programs to achieve the important water quality and related goals of the Chesapeake Bay Preservation Act and other state and federal initiatives. Sincerely, James K. Spore City Manager CC: Mayor Oberndorf City Council Members Michael D. Clower, CBLAD Executive Director Steven Thompson Bob Matthias Robert Scott Clay Bernick - 34- Item V-I. 8. ORDINANCES/RESOL UTIONS ITEM # 4 7492 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Resolution to request Congress to pass the High Speed Rail Investment ,4ct as either "stand alone" legislation or as part of the Taxpayer Relief Act. Voting: 11-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, dr., Barbara M. Henley, Louis R. done& Reba S. McClanan, Robert C. Mandigo, dr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None December 5, 2000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Requested by Mayor Meyera B. Obemdorf and Vice Mayor William D. Sessoms, Jr. A RESOLUTION REQUESTING CONGRESS TO PASS THE HIGH SPEED RAIL INVESTMENT ACT AS EITHER STAND ALONE LEGISLATION OR AS PART OF THE TAXPAYER RELIEF ACT OF 2000. WHEREAS, Congress is currently considering legislation known as the High Speed Rail Investment Act which would provide substantial new investment for modernization of our rail infrastructure through the creation of additional high-speed rail corridors; WHEREAS, the creation of additional high-speed rail corridors would improve the efficiency of our overall transportation system and reduce congestion on our roads and in our skies; WHEREAS, investment in high, speed rail would increase productivity, protect the environment, enhance safety, create jobs and promote smart growth through the economic development of urban centers; and WHEREAS, under the High Speed Rail Investment Act, through the use of tax credits, the actual cost to the Federal Government to provide $10 billion worth of high-speed rail investment capital would only be $762 million over five years and $3.3 billion over ten years. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: That City Council hereby requests Congress to approve the High Speed Rail Investment Act as either stand alone legislation or as part of the Taxpayer Relief Act of 2000. BE IT FURTHER RESOLVED: That if Congress is unable to approve this legislation in the current session, City Council hereby requests that this legislation be made a high priority for passage when the next Congress is sworn in January, 2001. Adopted by the City Council of the City of Virginia Beach, Virginia on the 5 day of December, 2000. CA-7926 Data~aty\ordin~noncode~high speed rail.res November 28, 2000 - 35- Item V-J. PLANNING ITEM ii 4 7493 1.ROCHELLE CARPENTER VARIANCE 2. WILLIAM E. AND DOROTHY L. PEARSON VARIANCE 3. SBA COMMUNICATIONS CORPORA TION/ C. E. FOREHAND, III CONDITIONAL USE PERMIT 4. MARKY AND THOMAS STROTHER CONDITIONAL USE PERMIT 5. WAL-MART REAL ESTATE BUSINESS TRUST CONDITIONAL USE PERMIT 6. TRUCK CENTER OF TIDEWATER, INC CONDITIONAL USE PERMIT 7. THE R UNNYMEDE CORPORA TION CONDITIONAL CHANGES OF ZONING December 5, 2000 -36- Item V-J. PLANNING ITEM # 4 7494 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in ONE MOTION Items 1,2, 3, 4 (ADDED CONDITION) 5 and 6 (DEFERRED). Item 4 was APPROVED, BY CONSENT, with ADDED CONDITION. Item 6 was DEFERRED until the City Council Session of December 12, 2000, BY CONSENT. Voting: 11- 0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None Vice Mayor Sessoms ABSTAINED on Item J. 3 (SBA/FOREHAND) as the application is located on Frank Williams 'property, who does business with Wachovia Bank. December 5, 2000 -37- Item V-J. 1. PLANNING ITEM # 47495 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED the application of ROCHELLE CARPENTER for a Variance to 3g 4.4 of the Subdivision Ordinance which requires that all lots created by subdivision have direct access to a public street: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Rochelle Carpenter. Property is located at 4172 Gum Ridge Court (GPIN #2411- 22-1683). PRINCESS ANNE- DISTRICT 7 The following condition shall be required: 1. The property owner will maintain the on-site gravel driveway sufficient to support emergency vehicles at all titnes. Voting: 11-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, IlL Margaret L. Eure, William IF. Harrison, dr., Barbara M. Henley, Louis R. clones, Reba S. McClanan, Robert C. Mandigo, dr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor IFilliam D. Sessoms, dr. and Rosemary IFilson Council Members Voting Nay: None Council Members Absent: None December 5, 2000 ~ 38- Item V-J.2. PLANNING ITEM # 47496 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED the application of WILLIAM E. AND DOROTHY L. PEARSON for a Variance to :}' 4.4 of the Subdivision Ordinance which requires that all lots created by subdivision meet all requirements of the City Zoning Ordinance re lot width requirement: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance Subdivision for William E. & Dorothy L. Pearson. Property is located at the southern terminus of Bridlepath Lane (GPIN #1483-81-5563). PRINCESS ANNE- DISTRICT 7 Voting: 11-0 (By Consen0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. clones, Reba S. McClanan, Robert C. Mandigo, dr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None December 5, 2000 Item V-J.$. - 39- PLANNING ITEM # 47497 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED Ordinance upon Application of SBA COMMUNICATIONS CORPORATION~ C. E. FOREHAND, III, for a Conditional Use Permit re a communications tower: ORDINANCE UPON APPLICATION OF SBA COMMUNICATIONS CORPORATION/CE. FOREHAND, III FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATIONS TOWER R012003014 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of SBA Communications Corporation/CE. Forehand for a Conditional Use Permit for a communications tower on property located on the north side of Princess Anne Road beginning at a point 3850 feet more or less east of Public Landing Road (GPIN #2317-57-8720). Said parcel contains 50 acres more or less. PRINCESS ANNE - DISTRICT 7. The following conditions shall be required: o The proposed tower must be developed as a monopole structure not to exceed 230feet M.S.L. in overall height. The applicant shall purchase and install a tower capable of accommodating a minimum of three additional users. Each additional user is encouraged to locate antennas below 204feet M.S.L. Prior to placing any additional antennas on the tower above 205 feet M.S.L., propagation studies supporting the need for antennas must be submitted to the Planning Department for review and approval. Submitted studies must consider the use of all existing towers and structures in the area and must effectively demonstrate why any height above 205feet M.S.L. is required. No lighting other than that required by the Federal Aviation Administration (FAA)for a tower of this type and height and that necessary for safety and security of the equipment shelter shall be installed within or around the boundaries of the tower lease area. In the event that the tower is inactive for a period of one year, it must be removed at the applicant's expense This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth of December, Two Thousand December 5, 2000 - 40- Item V-J. 3. PLANNING ITEM # 47497 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker and Rosemary Wilson Council Members Voting Nay: None Council Members Abstaining: Vice Mayor William D. Sessoms, Jr. Council Members Absent: None Vice Mayor Sessoms ABSTAINED as the application is located on Frank Williams 'property, who does business with Wachovia Bank. December 5, 2000 - 41 - Item V-J. 4. PLANNING ITEM # 4 7498 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED Ordinance upon application of MARKY and THOMAS STROTHER for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF MARKY AND THOMAS STROTHER FOR A CONDITIONAL USE PERMIT FOR A RIDING ACADEMY, OR BOARDING HORSES R012003015 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Marky and Thomas Strother for a Conditional Use Permit for a riding academy or horses for boarding on the north side of Shirley Landing Drive, 650feet more or less east of Blackwater Road (GPIN #1398-32-6447. Said parcel contains 20.3321 acres. PRINCESS ANNE - DISTRICT 7. The following conditions shall be required: A 50-foot lan&caped buffer along the northern property line shall be planted as approved by the Virginia Beach City Council as a condition for the subdivision of this property in 1999, and shall be planted prior to occupancy of the residence. No animals shall be kept, corralled, or assembled within the 50- foot Southern Watersheds Management Area buffer shown on the submitted site plan. 3. No more than 30 horses over one year of age shall be kept on the property at one time. All fencing, parking areas, outdoor ring, and vehicular access to the barn shall be shown on the final site plan, in addition to information required by City ordinances, to be submitted to the Department of Planning. 5. The proposed outdoor ring shall be located at least l OO feet from any property line. 6. There shall be n__Q.o horses 'Tor hire" at any time. This Ordinance shall be effective in accordance with Section 107 OO of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the F!fih of December, Two Thousand Voting: 11-0 (By Consen0 Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None December 5, 2000 Item V-J.$. - 42 - PLANNING ITEM # 4 7499 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED Ordinance upon application of WAL-MART REAL ESTATE BUSINESS TRUST for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF WAL-MART REAL ESTATE BUSINESS TRUST FOR A CONDITIONAL USE PERMIT RE AUTOMOBILE SER VICE ESTABLISHMENT RO 12003016 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Wal-Mart Real Estate Business Trust for a Conditional Use Permit for an automobile service establishment on certain property located on the east side of Newstead Drive beginning at a point 500feet more or less north of Princess Anne Road (GPIN #2414- 25-6765). Said parcel contains 18.508 acres. PRINCESS ANNE DISTRICT- 7 The following conditions shall be required: 1. No outside storage of parts or outside repair of vehicles is permitted. 2. No outside display or storage of tires is permitted This Ordinance shall be effective in accordance with Section 107 (19 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth of December, Two Thousand Voting: 11-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None December 5, 2000 - 43 - Item ~-J. 6. PLANNING ITEM # 4 7500 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED, TO CITY COUNCIL MEETING OF 12 DECEMBER 2000, Ordinance upon application of TRUCK CENTER OF TIDEWATER, INC.,for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF TRUCK CENTER OF TIDE WA TER, INC. FOR A CONDITIONAL USE PERMIT FOR A BULK STORAGE YARD Ordinance upon application of Truckcenter of Tidewater, Inc., for a Conditional Use Permit for a bulk storage yard on the east side of South Military Highway, north of Alexandria Avenue (GPIN #1456-27-9020). Said parcel is located at 728 South Military Highway and contains 20, 03 7. 6 square feet. CENTER VILLE - DISTRICT 1 Voting: 11-0 (By Consen0 Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None December 5, 2000 - 44 - Item V-J. 7. PLANNING ITEM # 4 7501 Mike Barrett, Chief Executive Officer - Runnymede Corporation, 212 72ND Street, Phone: 422-1568, advised the building will be similar in design to the existing building fronting on Rosemont Road, shall be a one-story corporate office type, will be an affable contribution to the Rosemont Commerce Park and compatible with its neighbors. Upon motion by Council Lady McClanan, seconded by Vice Mayor Sessoms, City Council ADOPTED Ordinance upon application of THE R UNNYMEDE CORPORATION for Conditional Changes of Zoning (subject to the site plan): ORDINANCE UPON APPLICATION OF THE R UNNYMEDE CORPORATION FOR CONDITIONAL CHANGES OF ZONING FROM B-2 TO CONDITIONAL B-2 (Parcel 1) and FROM R-7.5 TO CONDITIONAL B-2 ZO12001188 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of The Runnymede Corporation for a Change of Zoning District Classification on the following parcels: Parcel 1: From B-2 Community Business District to Conditional B-2 Community Business District on the south side of Sentara Way beginning at a point 330feet more or less west of S. Rosemont Road. Parcel 2: From R- 7. 5 Residential District to Conditional B-2 Community Business District on the south side of South Boulevard beginning at a point 530feet more or less west of South Rosemont Road. The proposed zoning classification change to Conditional B-2 is for commercial land use. The Comprehensive Plan recommends use of these parcels for suburban residential~low density for the R-7.5 site and commercial uses for the B-2 site in accordance with other Plan policies. Said parcels contains 5.5 acres. ROSE HALL -DISTRICT 3: The following condition shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 107 (D of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth of December, Two Thousand Voting: 11~0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None December 5, 2000 Item V-K.I. - 45 - APPOINTMENTS ITEM # 4 7502 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENT: VIRGINIA BEACH FOUNDATION- Distribution Committee December 5, 2000 - 46- Item V-M. 1. NEW BUSINESS ITEM # 4 7503 Attorney Morris H. Fine, 2101 Parks Avenue, represented the applicant Ellen Sneed, 2605 Haven Road, Phone; 486-1287, represented Pinewood Garden/Eureka Park Civic League Upon motion by Council Lady McClanan, seconded by Vice Mayor Sessoms, City Council SCHEDULED TO BE ADVERTISED FOR JANUARY 23, 2001, at 6 PM, RECONSIDERATION: Applications of CHECKERED FLAG MOTOR CAR CO., on the west side of North Lynnhaven Road, south of Virginia Beach Boulevard (263 and 267 North Lynnhaven Road), containing 40, 075 square feet (ROSE HALL - DISTRICT 3): Change of Zoning District Classification from R-10 Residential District and B-2 Community Business District to Conditional B-2 Community Business District Conditional Use Permit for motor vehicle sales (expansion) [Denied 14 November 2000] [Requested by Council Lady McClanan] Prior to the Reconsideration, the applicant and Civic League shall confer with Robert Scott, Director of Planning, to develop an application agreeable with all affected parties. Voting: 11- 0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None December 5, 2000 -47- Item V-M. 2. NEW BUSINESS ITEM # 4 7504 Mayor Oberndorf referenced her trip to Israel as part o fa Special Mission of six U.S. Mayors (Boise Mayor H. Brent Coles, Beaumont Mayor David Moore, North Little Rock Mayor Patrick Henry Hays, Saint Paul Mayor Norm Coleman and Stamford Mayor Dannel Malloy). The Mission was co-sponsored by the American Jewish Congress, the Israel Ministry of Tourism and the U.S. Conference of Mayors. The Mission traveled all day and night Wednesday to arrive in Tel Aviv. The delegation met with President Moshe Katsav, the Mayors of Israel's three largest cities and the U.S. Ambassador to Israel, Martin Indyk. Ambassador Indyk advised there was a warning to American citizens not to travel in the Holy Land. The Mayor said she was unaware, but that would not have stopped her from her mission. The different opportunities at the local level of government were discussed. This is the one level of government where all the issues are the same, i.e. budget, garbage pick-up, street repair, water supply. A letter was left with the President of Israel and each of the Mayors (Mayors Ehud Olmert of Jerusalem, Ran Hulda'i of Tel Aviv and Amram Mitzna of Haifa) imploring all sides in the controversy to please stop the violence and work for a sincere peace, if for no other reason than the children. The Mission left Tel Aviv on Friday morning and went to visit Haifa. There is a special neighborhood that belongs to the Arabs. In an effort to create more unity among the many religions, a celebration acknowledges Ramadan, Christmas and Hanukkah. An art show encourages individuals from all walks of life toparticipate. A special school was also operated to include the children from Moslem and Jewish backgrounds. Mayor Mitzna advised 3% of their City's operating budget is devoted to art. The Bahai religion has built a $286.4-MILLION garden in the middle of Haifa. This is operated and maintained without cost to the City. The mission left HaiJh and drove into Jerusalem. The Mayors toured the bazaar in the old City, the Arabs who operated the stalls, heard the "Call to Prayer", and the Orthodox Jews heading for the western wall for prayer. The Jewish and Arab Israelians are suffering from the lack of economy and tourism. On Sunday, the Mayor visited the Hadassah Hospital. She has always supported this hospital. There is a rule that any child who must be hospitalized for a significant amount of time must have a parent with them. All religions are welcome in this hospital. The government assigns two kindergarten, elementary school and high school teachers to the hospital to tutor the children during their recuperation. Mayor Oberndorf also visited with a remarkable plastic surgeon in the hospital who reconstructed the face of a young man shot three times in the head. The Mayor visited Gethsemene, the Olive Grove, where Jesus went to ponder submission to the "Will of God". A Resolution will be requested at the next session of the U.S. Conference of Mayors toplead for Peace and the end of Violence in these areas. December 5, 2000 - 48 - Item V-N. ADJOURNMENT ITEM # 4 7505 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 4:42 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia December 5, 2000 -16- CITY COUNCIL COMMENTS ITEM # 47475 The Minority Business Council held its EXPO last Thursday, November 30, 2000. The attendance was tripled with networking by participation of the cities of Chesapeake and Portsmouth as well as Old Dominion and Norfolk State Universities. This was very successful and extremely well attended. ITEM # 47476 Mayor Oberndorf extended appreciation to the Vice Mayor and members of City Council who represented her at City functions during her trip to Israel as part ora Special Peace Mission of six U.S. Mayors (see synopsis of trip at end of Formal Session).. December 5, 2000 City of Virginia lqcaeh OFFICE OF THE CITY MANAGER (804) 427 ,~242 FAX (804) 427 4135 TDD (804) 427-4305 MUN!CIPAL CENTER VIRGINIA [3EACH. VIRGINIA 23456-9001 December 15, 2000 The Honorable Meyera E. Oberndorf, Mayor Members of City Council Dear Councilmembers: Attached is a response from Chief Cade regarding your questions resulting from the Emergency Response System presentation. Please let me know if you need any further information. Sincerely, ~2 aS~eO/e dsc Attachment City o Virginia December 11, '.000 cnx OF VIRGINIA 8EACH TO: Mr. James K. Spore DEPT: Executive FROM: Chief Gregory B. Cade/~~/~ DEPT: Fire SUBJECT: Questions from City Council, December 5, 2000 At the end of the Emergency Response System presentation, the Mayor and several other Council Members had some questions concerning the operation of the Fire Department as it relates to the inspection process. A question that was posed by Mayor Oberndorf centered on the standards used by the federal government in construction of new housing units in Virginia Beach. Although we have a very good working relationship with all of the military bases in our region, they are not required to obtain permits from the city when constructing any structure, especially if it is on their own land. Although the plans are not submitted through the city since no permits are required, nor do we conduct any inspections during the construction process, I was able to find out that the standard currently used by the federal government is the National Fire Protection Association Life Safety Code normally referred to as NFPA 101. This national code does discuss, as its name implies, life safety issues that relate to the construction of residential and commercial properties. It is our belief that the federal government, in using this standard, is complying with it and, therefore, constructing housing that they believe is safe for their employees. The Fire Department also uses the NFPA Life Safety Code in reviewing commercial structures and we believe that, if properly applied and inspected, it is a good basis for constructing safe homes. The second issue, raised by Council Member McClanan, centered on the plans review process for new construction. As I indicated that day, we do have an Assistant Fire Marshal who works in the Planning Department reviewing site and building plans for new construction or renovations after they have applied for the permits. Although the Fire Department does not directly oversee the new Page 2 construction, we work very closely with Permits and Inspections in reviewing these site and building plans to ensure that they comply with appropriate sections of the BOCA National Building Code that is currently used in the Commonwealth. The third issued, raised by Council Member Parker, centered on the requirement for fire walls. In new buildings, plans are submitted to Permits and Inspections. We have an opportunity to review those plans to ensure that they are in compliance with the Statewide Fire Prevention Code. Under the direction of the Building Official, as plans are submitted and reviewed, there are significant trade-offs allowed depending on the type of materials being used, if there is built-in fire protection systems, such as sprinkler systems and other issues that vary the amount of square footage allowed before fire walls have to be constructed. It is difficult to give you a hard and fast rule about when a fire wall is necessary in multi-family dwellings or commercial structures. It would vary structure by structure and is reviewed when the plans are submitted and it is inspected by Permits and Inspections as it is being constructed. Once Permits and Inspections signs off and allows for occupancy of the structure, it then becomes, in the case ora commercial structure, under the review of the Fire Department. The Fire Marshal's Office would conduct periodic inspections to ensure that the buildings are maintained in accordance with the Statewide Fire Prevention Code. I hope this answers the questions that our Council Members had relative to the interaction between the Fire Marshal's Office and Permits and Inspections to ensure the safety of our citizens. If you need any additional information, please do not hesitate to contact me. GBC/sep