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JUNE 3, 2003 MINUTESCITY COUNCIL MAYOR MEYERA E OBERNDORF, At -Large VICE MAYOR LOUIS R JONES, Bayside - District 4 HARRYE DIEZ,EL, Kempsville - District 2 MARGARET L EURE, Centerville - District 1 REBA S McCLANAN, Rose Hall - District 3 RICHARD A MADDOX, Beach - District 6 JIM REEVE, Princess Anne - Dictrict 7 PETER W SCHMIDT, At -Large RON A J'7LLANUEVA, At -Large ROSEMARY WILSON, At -Large JAMES L WOOD, Lynnhaven -District 5 JAMES K SPORE, City Manager LESLIE L LILLEY, City Attorney RUTH HODGES SMITH, MMC, City Clerk CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 3 June 2003 CITY HALL BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE (757) 427-4303 FAX (757) 426-5669 E MAIL Ctycncl@vbgov com I. CITY MANAGER'S BRIEFING 1. Town Center Phase II - Review of Documents Leslie L. Lilley, City Attorney II CITY COUNCIL DISCUSSION 1. - Conference Room - 1:30 PM Public/Private Educational Facilities and Infrastructure Act of 2002 (PPEA) REVIEW OF AGENDA ITEMS COUNCIL LIAISON REPORTS CITY COUNCIL COMMENTS VI. INFORMAL SESSION A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C RECESS TO CLOSED SESSION - Conference Room - 4:00 PM VII. FORMAL SESSION A. CALL TO ORDER - Mayor Meyera E. Oberndorf - Council Chamber - 6:00 PM B. INVOCATION: Reverend David Howard, Pastor Brook Baptist 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 F. MINUTES 1 INFORMAL AND FORMAL SESSIONS May 27, 2003 G. AGENDA FOR FORMAL SESSION H. MAYOR'S PRESENTATION 1. Proclamation - NATIONAL HUNGER AWARENESS DAY - June 5, 2003 Foodbank of Southeastern Virginia I. PUBLIC HEARING 1 Public/Private Educational Facilities and Infrastructure Act of 2002 (PPEA) J. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance AUTHORIZING the City Manager to execute and modify, as necessary, an Agreement and applicable documents with Town Center Associates supporting the Virginia Beach Development Authonty's obligation re Town Center Phase II, and recommending approval and execution by the Virginia Beach Development Authority. 2. Ordinances to AMEND City Code: a. § 2-440, 2-441-, 2-442, 2-443 and 24-3 re changing the name of Department of Convention and Visitor Development to Virginia Beach Convention and Visitors Bureau b. § 10.5-1 and 10-5-2 to comply with recent legislation amending the Code of Virginia re Emergency Medical Services (EMS) c. § 21-72, 21-75 and 21-86 re local vehicle licences by clanfying "administrative provisions" for the Department of Motor Vehicles (DMV) d. § 36-57 re parking or stopping of charter buses on streets in the Resort Area 3. Ordinance to ACCEPT and APPROPRIATE $9,765 from the U.S. Justice Department to the Police Department's FY 2002-03 operating budget to support equipment purchases for the Bomb Squad 4. Ordinance to AUTHORIZE acquisition of approximately 36.821 acres from DAVID B HILL and LUKE H. HILL II at Princess Anne Road and Sandbridge Road for $1,260,000 5. Resolution re procedures for considering unsolicited requests from private entities re qualifying projects under the Public -Private Education Facilities and Infrastructure Act of 2002; and, direct the City's Purchasing Agent to cause these procedures be available to the public and post same in the City's Purchasing office and on the web site 6. Resolution to AUTHORIZE and direct the City Manager implement the City Policy's re the use of Lake Wesley as an industrial anchorage or storage of construction equipment L. PLANNING 1. Application of NEW FELLOWSHIP BAPTIST CHURCH for a Conditional Use Permit re a freestanding church at 3308 Continental Street. (DISTRICT 3 - ROSE HALL) Deferred: May 27, 2003 Recommendation: APPROVAL M. APPOINTMENTS ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS COMMISSION EASTERN VIRGINIA MEDICAL SCHOOL FRANCIS LAND HOUSE BOARD OF GOVERNORS HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC) OPEN SPACE COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD REAL ESTATE TAX RELIEF FOR SENIOR CITIZENS SHORE DRIVE ADVISORY COMMITTEE SOCIAL SERVICES BOARD TIDEWATER COMMUNITY COLLEGE BOARD TOWING ADVISORY BOARD YOUTH SERVICES COUNCIL N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 3 June 2003 Mayor Meyera E Oberndorf called to order the CITY MANAGER'S BREIFING re TOWN CENTER PHASE 11 - Review of Documents in the City Council Conference Room, City Hall Building, on Tuesday, June 3, 2003, at 1 35 P M Council Members Present Harry E Diezel, Margaret L Eure, Vice Mayor Louis R Jones, Reba S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf Jim Reeve, Peter W Schmidt, Ron A Villanueva, Rosemary Wilson and James L Wood Council Members Absent None - 2 - CI T Y MA NA G E R 'S BRIEFING TOWN CENTER PHASE H- REVIEW OF DOCUMENTS 1:35 P.M. ITEM # 51228 The City Attorney introduced Carol W Hahn, Senior City Attorney and Commercial Real Estate Attorney, to review the Town Center Phase II - Review of Documents Attorney Hahn reviewed briefly the Phase I Development PHASE I Block 4 ($22 5 -MILLION Public) Office Tower (254, 000 square feet) Commercial (107, 000 square feet) 1,278 - car public parking garage Block 5 176 -room Hilton Garden Inn 16,000 -square foot bank headquarters building 132,000 -square foot existing One Columbus office building Infrastructure ($6.3 MILLION public) Town Center Drive between Virginia Beach Boulevard and Columbus Street Central Park Avenue between Virginia Beach Boulevard and Columbus Street Main Street from Constitution Drive to Central Park Avenue Traffic signals at Main Street, Constitution Drive and Town Center Drive Streets capes around Blocks 4 and 5 PRINCIPLES OF PHASE H Investment partnership between Developer and Virginia Beach Development Authority (VBDA) for a mixed-use commercial development utilizing the structure of an economic development park VBDA obligations and Support Agreement between City and VBDA VBDA obligations supported by City are structured to be paid by available revenue from Tax Increment Financing (TIF) District and Special Tax District June 3, 2003 - 3 - CI T Y MA NA GER 'S BRIEFING TOWN CENTER PHASE II- REVIEW OF DOCUMENTS ITEM # 51228 (Continued) PRINCIPLES OF PHASE H (Continued) Traditional public infrastructure (streets, streetscapes, traffic signals, utilities, stormwater improvements) funded through Capital Improvement Program (cap) and Virginia Beach Development Authority (VBDA) Economic Development Investment Program (EDIP) TIF is designed to accumulate funds to pay for purchase of parking garages Special Tax Distract pays for operation and maintenance costs of VBDA in operating parking garages Project paid for by TIF revenues Mrs Hahn distributed a map of Town Center Phase II and reiterated the elements of Phase II, which is comprised of four (4) Blocks 12 , 10, 3 and 8) Block 12 (2 acres) 93,325 of 2 -story Galyan 's ($11 67 -MILLION - private) 17, 600 -square foot ground floor retail ($1 557 -MILLION - public) 574 -car parking garage ($8 26 -MILLION - public) Block 10 (2 1 acre site) 42,278 -square foot ground floor retail ($5 28 -MILLION - private) 342 -unit 428,369- square foot multi -story apartments ($53 5 -MILLION - private) 840 -car parking garage ($13 5 -MILLION - public) Block 3 (slightly less than an acre) 76, 350 -square foot 2 -story retail/commercial ($9 54 -MILLION - private) Block 8 (approximately '/a acre) 36,840 -square foot 2 -story entertainment/restaurant ($4 6 - MILLION - private) June 3, 2003 -4 - CITY MA NA GER 'S BRIEFING TOWN CENTER PHASE II- REVIEW OF DOCUMENTS ITEM # 51228 (Continued) Attorney Hahn referenced the Development Agreement which was distributed to City Council in their agenda packages This Agreement governs each party's rights and obligations, provides for the submittal and review of plans and permits over and above what is normally required by the Municipality This is one method by which the Development Authority maintains some control over the architectural character of the improvements The Agreement provides for warranties and representations by the Developer to the Authority as well as by the Authority to the Developer The Agreement also provides for the conditions which govern the purchase of the parking garages and contains protections for the Authority in the event certain improvements are not constructed as promised Remedies are also cited in the event those protections are violated In addition to horizontal ownership, vertical ownership is provided for various improvements and the rights and obligations of the parties An option agreement governs and provides for the Authority's land banking of the project land on which the remaining improvements will be constructed This provides the Authority holds the land, the developer pays the City an option fee equal to the real estate taxes every %2 year The Developer, when needed, purchases the land from the City at cost plus costs to carry By September 1, 2006, there is an option performance bond in place that secures the Developer's obligation to buy There will also be an option agreement relating to a portion of Block 12, as well as a lease for a portion of Block 12 The B -3A zoning requires for a much denser and multi use than traditional B-3 suburban business zoning Design criteria has been implemented, providing for architectural control and plan review by a citizen committee VIRGINIA BEACH DEVELOPMENT AUTHORITY (VBDA) OBLIGATIONS Construct traditional public infrastructure (public streets, streetscapes, public plaza and landscaping) at an estimated cost of $7 6 -MILLION Sell land for Phase II to the Developer under existing option agreement between VBDA AND Developer Purchase Block 10 Parking Garage (840 spaces) for ± $13 5 - MILLION Purchase Block 12 parking Garage (574 spaces) for + $8 3 -MILLION Purchase Block 12 Ground Floor Retail (17,600 square feet) and lease to Developer INFRASTRUCTURE $7 6 -million public Capital Improvement Program and Economic Development Investment Program Virginia Beach Development Authority (VBDA) constructs public plaza (Block 8A) VBDA constructs North and South Main Streets, Garrett Drive and Columbus Street intersection improvements Developer constructs streetscapes around Blocks 3, 8, 10 and 12 at VBDA expense June 3, 2003 -5 - CITY MA NA GER 'S BRIEFING TOWN CENTER PHASE H- REVIEW OF DOCUMENTS ITEM # 51228 (Continued) Block 10 Garage (840 spaces) ± $16,000 per space not to exceed $13 625 -MILLION Up to 568 spaces available for short term lease to public by VBDA Upon substantial completion of garage, purchase apartments, retail, Block 8 and Block 3 (if Block 3 not complete, financial equivalent of lost real estate taxes to be paid by Developer to VBDA over 5 years) Block 12 Garage (574 spaces) ± $14,400 per space not to exceed $8 4 -MILLION Funding - $4 4 -MILLION TIF, $3 9 -MILLION Capital Improvement Program (theatre) VBDA and Developer reserve right to lease spaces, if desired, in future 269 spaces to serve Performing Arts Theatre Purchase upon substantial completion of Garage and Galyan's store VBDA buys 17,600 square feet of retail space for $1 557 -MILLION (warm vanilla shell) and master leases to Developer at VBDA cost of carry (years 1-3) and 'fair market value" thereafter Developer obligated to buy back space from VBDA at earlier of (i) 12/1/06 or (ii) when Galyan 's co -tenancy requirement are met (± 90,000 square feet of retail leased in project) Purchase price equal to VBDA's cost per accrued rent Obligation to pay rent and purchase price to be guaranteed by Messrs Hoffler, Kirk, Haddad and Divans and secured by increased value in residual land under Option Agreement Developer's share of land cost for Block 12 (approximately $300, 000) deferred and spread over option price for remaining blocks of residual land to be purchased by Developer DEVELOPER OBLIGATIONS Purchase land required for development and construction of Phase II from Authority Dedicate land necessary for public infrastructure Invest between $80 -MILLION and $90 -MILLION in Phase II June 3, 2003 - 6 - CI T Y MANAGER `S BRIEFING TOWN CENTER PHASE H- REVIEW OF DOCUMENTS ITEM # 51228 (Continued) DEVELOPER OBLIGATIONS (Continued) At City s option, sell to City ± 43,000 square feet of project land to construct community theatre at Developer 's cost, plus Developer's cost of carry, if any Purchase Block 12 ground floor retail by December 1, 2006 Provide additional parking at its cost if City determines necessary (up to 3 3 parking spaces per 1,000 square feet) SCHEDULE June 2003 VBDA and City approval and signature June 2003 Start Block 12 Fall 2003 Start Block 10 Spring 2004 Start Blocks 3 and 8 Spring/Summer 2004 Complete Block 12; VBDA purchase of Block 12 garage Summer 2005 Complete Blocks 3, 8 and 10; VBDA purchase of Block 10 garage Attorney Hahn advised parking for the Performing Arts Theatre is planned for Block 12 (269 spaces are designated) The Theatre could be constructed on Blocks 9, 7 or 6 The City would have the right to purchase 43,000 square feet from the Developer at its cost Patrons of the Theatre could also park in Block 10, or in the existing structure on Block 4 Mark Wawner, Town Center Project Development Manager - Economic Development Department, advised the entire project has over 2700 parking spaces in Phase I and II These spaces are all available for the public use as a shared parking concept The primary parking for the Theatre would be directly across Columbus Street from the Theatre (269 spaces are designated) Pedestrian cross walks at -grade are being designed, however, the Theatre has not been specifically located Handicap, valet and drop-off service will be addressed with the design of the Theatre Endependence Center will serve as the consultant to assure compliance with the Americans with Disabilities (ADA) Act Attorney Hahn advised there will be 568 parking spaces available for short term lease, notjustfor apartment users, but to any other members of the public who choose to have a reserved space The City Manger advised the parking ratio is 1 7 spaces per apartment unit The City Attorney referenced the leases are short term (180 -days) and can be renewed June 3, 2003 - 7 - CI T Y MA NA GER 'S BRIEFING TOWN CENTER PHASE H- REVIEW OF DOCUMENTS ITEM # 51228 (Continued) Mr Wawner advised a $7.6 -MILLION infrastructure (streets, streetscapes, utility construction and public plaza) budget has been developed The plaza is estimated to be $700,000 A consultant would be employed to design a specific detail plan and options for the development of the public plaza Information will be presented to City Council concerning different options and costs regarding the fountain and the plaza The main variable is the extent of elaborateness of the fountain. Patricia Phillips, Director of Finance, advised relative the Tax Increment Financing (TIF), the actual interest rates have been lower, therefore, the actual costs are well within the capacity of the projected TIF The TIF District pays no additional real estate taxes The incremental growth in those taxes are paying for these parking garages The additional real estate taxes are going to be paid only on the core area of this project, not the entire TIF Mr Wawner advised the TIF encompasses 238 acres bounded by Interstate 264 on the south, continues on the west side oflndependence Boulevard encompassing the Best Buy Store and old Hannaford grocery store Virginia Beach Boulevard is the boundary on the north Thalia Creek is the boundary on the east The City Manager referenced ongoing discussions with the owners of Pembroke Mall relative establishing a north `half of the TIF District A map of the TIF area shall be provided as well as the latest projections and future years Steven Thompson, Chief Financial Officer, advised relative the Virginia Beach Schools partnership with the Preforming Arts Theatre was tentatively scheduled for the City Council Session ofJune 24, 2003 A meeting shall be scheduled with the school representatives to resolve operational issues A name and charge as well as a development process for the Advisory Committee have been suggested Changing the School formula for this project has not even been considered nor discussed Information relative the source of additional funding for this project shall be provided Block 9 would work for a Theatre but not the larger combined facility encompassing an academy There are some ownership issues with the other sites The Schools plan for an Arts Academy are unfunded at this point Jeff Griffin will continue the service of providing the "construction progress " report Concern was expressed relative Section 5 of the Ordinance AUTHORIZING the City Manager to execute and modify, as necessary, an Agreement and applicable documents with Town Center Associates supporting the Virginia Beach Development Authority's obligation re Town Center Phase II, and recommending approval and execution by the Virginia Beach Development Authority: "The City Manager is authorized to modify the Phase II Project Documents to which the City is a party to the extent such modifications may be technical in nature or may be necessary from time to time, provided that after such modifications, the Phase II Project Documents shall remain in substantial conformity with the Phase II Development Agreement and such modifications are acceptable to the City Attorney " The City Attorney advised almost every document of this nature, including the bond documents, allows if there are changes in the document which are not subtenant in nature, but rather technical, if words need to change (minor changes that do not change the meaning or provisions of the document) then these changes can be made If the change is subtenant, then it will be scheduled for the City Council 's consideration June 3, 2003 - 8 - CITY COUNCIL DISCUSSION PUBLIC/PRIVATE EDUCATIONAL FACILITIES AND INFRASTRUCTURE ACT OF 2002 (PPEA) 3:15 P.M. ITEM # 51229 Steve Thompson, Chief Financial Officer, advised the Public -Private Educational Facilities and Infrastructure Act of 2002 (PPEA), became effective July 1, 2002 Mr Thompson referenced Item K 5 The Resolution re procedures for considering unsolicited requests from private entities re qualifying projects under the Public -Private Education Facilities and Infrastructure Act of 2002, and, direct the City's Purchasing Agent to cause these procedures be available to the public and post same in the City's Purchasing office and on the web site This Resolution is for unsolicited proposals only Solicited proposals are project specific Guidelines are not specifically tied to any project This issue is not Theatre specific PPEA May be appropriate if : Proposals demonstrate speed, savings or other benefits where only one developer is practical Potential property or project is unique Will Not: Avoid debt Save construction costs in and of itself May not be suited where quality and experience are critical Council Concerns Process to consider unsolicited proposals — 1 City Council adopts Guidelines 2 City Council approves specific project for PPEA process 3 City develops project criteria, including board characteristics, financing and development 4 45 -day public notice for submittal of completing unsolicited proposals 5 Followed by evaluation and award if appropriate The fee - may be charged as a "review fee", based on anticipated costs Proposed fee 1% of project costs ($2,500 minimum, $25,000 maximum) Discourages frivolous submittals Recovers City costs to review proposals if necessary (or offset against project) June 3, 2003 -9 - CITY COUNCIL DISCUSSION PUBLIC/PRIVATE EDUCATIONAL FACILITIES AND INFRASTRUCTURE ACT OF 2002 (PPEA) ITEM # 51229 (Continued) Mr Thompson advised the 45 -day public notice for submittal of completing unsolicited proposals is a minimum Submittal cannot be less than 45 days When the staff recommends a project, a time table shall be assigned depending on the complexity and the urgency determined by City Council Mr Thompson advised an unsolicited proposal has been received on the Theatre project PPEA originally started with transportation issues and spilled over into education and evolved into almost any kind ofpublic use facility Concerning other localities in Virginia utilizing the PPEA, Patricia Phillips, Director of Finance, advised Chesapeake is evaluating an office building for their Community Services Board Stafford County is actively reviewing proposals relative schools Concern was expressed relative utilization of a fee Implementation of Guidelines relative use of local and minority firms was also requested Mrs Phillips advised this PPEA was adopted by the General Assembly for their use The State has projects they are considering Concern was expressed relative firms not being treated fairly and deemed not qualified to bid on the Convention Center The local farms should be given the opportunity to at least offer their quote to Turner Construction Information shall be provided by E Dean Block, Director of Public Works The City Manager advised the PPEA is really a follow-on to the Public/Private Transportation Act (PPTA). The General Assembly thought this technique might have advantages on projects other than transportation and have expanded its scope There was a proposal to complete the Southeastern Parkway by the PPTA a number of years ago As this was a Virginia Department of Transportation project, VODT reviewed this proposal The City Attorney advised the PPTA does not require localities develop these types of guidelines The PPEA would suffice for construction of local roads However, the City is not anticipating receiving an unsolicited proposal on a road The PPTA is usually associated with some type of toll or revenue producing facility, probably not appearing on a local road The City Attorney advised the State Code 's provisions stipulate the receiving of an unsolicited proposal The fee can be charged, then the City must advertise and give others the opportunity to submit a proposal within a minimum of 45 days The City Council will stipulate the time limit There are two types of PPEA proposals solicited and unsolicited If City Council decides to place a project on property, not owned or controlled, and receives a PPEA, it would be difficult to have a competitive process June 3, 2003 - 10- A GEN DA REVIEW SESSION 3:55P.M. ITEM # 51230 K 2 Ordinance to AMEND City Code § 36-57 re parking or stopping of charter buses on streets in the Resort Area Councilman Maddox advised the Ordinance designates 19' and Arctic, the 4th Street public parking lot located by Rudee Loop as areas to pick up or discharge passengers This Ordinance is geared to day visits Individuals are allowed to disembark at their hotels ITEM # 51231 K 4 Ordinance to AUTHORIZE acquisition of approximately 36821 acres from DAVID BHILL and LUKE H. HILL II at Princess Anne Road and Sandbridge Road for $1,260,000 Councilman Reeve advised this is Mr Hill's homestead piece He is retaining 2 to 3 acres for his house Mr Hill sent a letter to the City, offering to sell the City approximately 36 821 acres of real property The property is adjacent to a future elementary school site and can be coordinate with the development of the school, encouraging shared resources (parking, playground and athletic field development) and increasing the efficiency offuture community facilities These funds will be derived from the Agricultural Preservation Funds This was designated as a priority area in the Transition Area Workshops ITEM # 51232 K 5 Resolution re procedures for considering unsolicited requests from private entities re qualifyingprojects under the Public -Private Education Facilities and Infrastructure Act of 2002, and, direct the City 's Purchasing Agent to cause these procedures be available to the public and post same in the City's Purchasing office and on the web site Councilman Villanueva wished a provision concerning a subcontracting plan relative utilizing local and/or minority firms The Minority Business Council is developing a strong data base of qualified subcontractors for different projects This data base ties in with the State and Federal data bases The City Attorney advised re contracting, there are provisions in the City Code re seeking a contract whereby one has to make a statement in their proposal of intent to use minority firms This provision could be written into the guidelines of the PPEA This Resolution shall be AMENDED to drop the fee and ADD the standard code provision re minority contracting This item shall be discussed during the Formal Session June 3, 2003 - 10 - A GEN DA REVIEW SESSION 3:55 P.M. ITEM # 51230 K 2. Ordinance to AMEND City Code § 36-57 re parking or stopping of charter buses on streets in the Resort Area Councilman Maddox advised the Ordinance designates 19`h and Arctic, the 4th Street public parking lot located by Rudee Loop as areas to pick up or discharge passengers This Ordinance is geared to day visits Individuals are allowed to disembark at their hotels ITEM # 51231 K 4 Ordinance to AUTHORIZE acquisition of approximately 36 821 acres from DAVID B HILL and LUKE H. HILL II at Princess Anne Road and Sandbridge Road for $1,260, 000 Councilman Reeve advised this is Mr Hill 's homestead piece He is retaining 2 to 3 acres for his house Mr Hill sent a letter to the City, offering to sell the City approximately 36 821 acres of real property The property is adjacent to a future elementary school site and can be coordinate with the development of the school, encouraging shared resources (parking, playground and athletic field development) and increasing the efficiency of future community facilities These funds will be derived from the Agricultural Preservation Funds This was designated as a priority area in the Transition Area Workshops ITEM # 51232 K 5 Resolution re procedures for considering unsolicited requests from private entities re qualifyingprojects under the Public -Private Education Facilities and Infrastructure Act of 2002, and, direct the City 's Purchasing Agent to cause these procedures be available to the public and post same in the City 's Purchasing office and on the web site Councilman Villanueva wished a provision concerning a subcontracting plan relative utilizing local and/or minority firms The Minority Business Council is developing a strong data base of qualified subcontractors for different projects This data base ties in with the State and Federal data bases The City Attorney advised re contracting, there are provisions in the City Code re seeking a contract whereby one has to make a statement in their proposal of intent to use minority firms This provision could be written into the guidelines of the PPEA This Resolution shall be AMENDED to drop the fee and ADD the standard code provision re minority contracting This item shall be discussed during the Formal Session June 3, 2003 -11 - AGENDA REVIEW SESSION ITEM # 51233 K 6 Resolution to AUTHORIZE and direct the City Manager implement the City Policy's re the use of Lake Wesley as an industrial anchorage or storage of construction equipment Councilman Reeve referenced a citizen's concern relative negative impacts to the dredge operation The City Manager referenced the memorandum from E Dean Block, Director of Public Works, re the Lake Wesley Resolution, with an attached response from the U S Army Corps of Engineers Last week, City staff met with the U S Army Corps of Engineers staff to make them aware of the resolution and seek information form the Corps regarding the potential impact from their perspective as the Corps is the contracting authority for beach replenishment at the Oceanfront and Sandbridge as well as the annual dredging of Rudee Inlet Based on the Corps ' findings, it is important the City Council, in choosing its policy, have all available information The Corps believes two (2) major issues are raised Said information is hereby made a part of the record Council Members Maddox and Schmidt advised the use of Lake Wesley as a site for the placement of large barges, marine cranes, sections of dredge pipe and related equipment has resulted in increased noise levels and has disrupted the tranquility of nearby neighborhoods Owners of adjacent residential property, fisherman, boaters, swimmers and environmental groups have expressed concern about the continuing impact of such activity on the public safety and quiet enjoyment of the persons living near Lake Wesley Approximately fifty (50) families are affected Hours of operation shall be limited to the period between 7 00 A M and 7 00 P M This Resolution expresses that it shall be the policy of the City that Lake Wesley shall not be used as an industrial anchorage, including the placement by contractors of barges, marine cranes, sections of dredge pipe and related marine construction equipment, except in cases of bona fide emergency or when other sites cannot be used ITEM # 51234 L 1 Application of NEW FELLOWSHIP BAPTIST CHURCH for a Conditional Use Permit re a freestanding church at 3308 Continental Street (DISTRICT 3 - ROSE HALL) Reverend John L Amos shall advise publicly his concurrence with the additional conditions 2 Any potholes located within the paved area shall be filled and sealed 3 This use permit is valid for one (1) year and shall be re-evaluated at that time by the City Council to ensure that the conditions above have been satisfied June 3, 2003 - 12 - A GEN DA REVIEW SESSION ITEM # 51235 BY CONSENSUS, the following shall compose the CONSENT AGENDA: K 1 Ordinance AUTHORIZING the City Manager to execute and modify, as necessary, an Agreement and applicable documents with Town Center Associates supporting the Virginia Beach Development Authority's obligation re Town Center Phase II, and recommending approval and execution by the Virginia Beach Development Authority K 2 Ordinances to AMEND City Code a §2-440, 2-441-, 2-442, 2-443 and 24-3 re changing the name of Department of Convention and Visitor Development to Virginia Beach Convention and Visitors Bureau b §10 5-1 and 10-5-2 to comply with recent legislation amending the Code of Virginia re Emergency Medical Services (EMS) c §21-72, 21-75 and 21-86 re local vehicle licences by clarifying "administrative provisions " for the Department of Motor Vehicles (DMV) d §36-57 re parking or stopping of charter buses on streets in the Resort Area K 3 Ordinance to ACCEPT and APPROPRIATE $9, 765 from the U.S. Justice Department to the Police Department's FY 2002-03 operating budget to support equipment purchases for the Bomb Squad K 4 Ordinance to AUTHORIZE acquisition of approximately 36 821 acres from DAVID B HILL and LUKE H. HILL II at Princess Anne Road and Sandbridge Road for $1,260,000 K 6 Resolution to AUTHORIZE and direct the City Manager implement the City Policy's re the use of Lake Wesley as an industrial anchorage or storage of construction equipment June 3, 2003 - 13 - CO UN CIL COMMENTS 4:23 P.M. ITEM # 51236 Councilman Maddox referenced Hattie M Setzer, the very eloquent lady, who registered in opposition on April 8, 2003, concerning the application of Courthouse Community United Methodist Church Councilman Reeve advised he had not contacted Mrs Setzer, but will so shortly regarding her parcel ofproperty adjacent to the Church ITEM # 51237 Mayor Oberndorfreferenced numerous communications received by Councilman Maddox and herself These communications were from James Flanagan, a member of the Board of Shadowlawn Civic League relative the elimination of sidewalk installation on Mediterranean Avenue (CIP 2-285.059) During the June 24, 2003, Public Hearing re the Resource Management Plan, Andrea Tomlin and Margaret Johnson of Shadowlawn had requested reinstatement offundingfor the Bookmobile and eliminate installation of these sidewalks Mr Flanagan advised with his Civic League spent long hours having petitions signed in support of these sidewalks to ensure safety Councilman Maddox advised responding to his communication Councilman Maddox contacted Randy Sterling, president of Shadowlawn Civic League, who relayed a completely different story There are a significant number of residents who do not want these sidewalks There is now a new competing Shadowlawn Civic League Mr Sterling suggested the City Council delay a decision until a consensus is reached and the issue of the secondary Civic League is resolved Mr Flanagan is Treasurer The Mayor advised Mr Flanagan was twice the President of the Civic League and also a Vice President The City Manager advised E Dean Block, Director ofPublic Works, and his staff, are meeting with members of the Civic League to determine a sense of direction ITEM # 51238 Council Lady Eure requested information and referenced Robert O'Connor 's concerns relative the "three step process": Briefing, Public Hearing, City Council vote Every time a particular item is listed on the Agenda, the public speaks Council Lady Eure did not see the value of the same people speaking several times on the same subject The City Manager advised the Virginia Beach Schools have an "action" agenda The third step in the process involves only a vote, no speakers ITEM # 51239 BY CONSENSUS, information relative the Performing Arts Theatre/Academy will be RESCHEDULED to June 17, 2003, rather than June 24, 2003 June 3, 2003 -14 - COUNCIL COMMENTS ITEM # 51240 Relative the City Council Retreat, although some Council Members have not responded, the majority believe August 15 and 16 are preferable Councilman Villanueva suggested a Joint Retreat with the Virginia Beach School Board for % a day Mayor Oberndorf advised Chairman Edwards, Virginia Beach School Board, will contact Lyle Sumek, to ascertain if he would be available As City Council proposes to meet Friday, August 15, 2003, and Saturday, August 16, 2003, the Joint Retreat would have to be on Thursday, August 14, 2003. ITEM # 51241 Councilman Schmidt referenced correspondence from Clarence Warnstaff, Chief Operating Officer, re the bond rating agencies The debt per capita and amortization ratings for the City is admirable Councilman Schmidt congratulated the City Manager ITEM # 51242 Councilman Villanueva referenced attending the Spring Legislative Weekend (May 30, 31, and June 1, 2003). This weekend resulted in dividends by conferring with the Members of the General Assembly Councilman Villanueva expressed appreciation to City Council and the Virginia Beach/Hotel Motel Association June 3, 2003 - 15 - COUNCIL LIAISON REPORTS 4:37P.M. ITEM # 51243 Council Lady Wilson, Liaison - Legislative Coordination, advised she spent the day with Robert Matthias in Richmond, last Thursday, May 29, 2003, at the Virginia Municipal League and the Legislative Committee This year will be interesting as the big thrust will be re educational funding and tax restructuring The State Board ofEducation has drafted criteria which should produce additional funding for schools If the General Assembly will "step up to the plate" and abide by the State Board of Education's request, more funds should be received by the Schools Mayor Oberndorf advised when working at the VML level, one must be very alert that funds are not transferred for the largest cities in the Commonwealth but rather for the towns and counties Mayor Oberndorf requested the fact be presented that the City has gone the extra mile, but would be opposed to having funding reduced to accommodate those areas of the state which have a deficiency Generally, when the funding formula is changed, localities such as Virginia Beach, are penalized Council Lady Wilson advised 127 out of 230 positions for Principals have already been filled The localities, not the State, are paying for these positions Next Tuesday, a Public Hearing will be scheduled by the State Board of Education Council Lady Wilson requested speaking at this Public Hearing concerning the importance of this issue to the City Council Lady Wilson advised the City would be opposed to them supplanting the funds from the at -risk population and placing in the "standards of quality " The funds should be additional monies Council Lady Wilson shall provide information to City Council during the City Council Session of June 10, 2003 Robert Matthias, Assistant to the City Manager, advised a memorandum outlining this information is being distributed to City Council Basically, this will mean an extra $300 -MILLION in new money from the State The problem is this is "new money" which the State would have to furnish, plus at the same time the State will be reindexing the composite index This entails a cost of approximately $500 -MILLION Therefore this will entail $800 -MILLION in new responsibility perfascalyear for the State As Council Lady Wilson stated, unless the State Board of Education endorses this, it is highly unlikely it will be pursued The City is already funding these positions and these funds would be "new money" June 3, 2003 -16 - ITEM # 51244 Vice Mayor Louis R Jones called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, June 3, 2003, at 4 48 PM Council Members Present Harry E Diezel, Margaret L Eure, Vice Mayor Louis R Jones, Reba S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf Jim Reeve, Peter W Schmidt, Ron A Villanueva, Rosemary Wilson and James L Wood Council Members Absent None June 3, 2003 - 17 - ITEM # 51245 Mayor Meyera E Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2 1-344(A), Code of Virginia, as amended, for the following purpose PERSONNEL MATTERS Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2 2-3711 (A) (1) To Wit Appointments Boards and Commissions Arts and Humanities Commission Beaches and Waterways Commission Eastern Virginia Medical School Francis Land House Board of Governors Hampton Roads Economic Development Alliance Hampton Roads Planning District Commission Open Space Committee Parks and Recreation Commission Performing Arts Theatre Commission Public Library Board Real Estate Tax Relief for Senior Citizens Shore Drive Advisory Committee Social Services Board Tidewater Community College Board Towing Advisory Board Youth Services Coordinating Council 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 2-3711(A)(3) Acquisition/Disposition of Property - Lynnhaven District - Beach District - Bayside District Upon motion by Councilman Schmidt, seconded by Councilman Reeve City Council voted to proceed into CLOSED SESSION. Voting 11-0 Council Members Voting Aye Harry E Diezel, Margaret L Eure, Vice Mayor Louis R Jones, Reba S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf Jim Reeve, Peter W Schmidt, Ron A Villanueva, Rosemary Wilson and James L Wood Council Members Voting Nay None Council Members Absent None (4:48 P.M. - 6:12 P.M.)(Break 4:48 P.M. - 5:00 P.M.) June 3, 2003 -18 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL June 3, 2003 6:18 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June 6, 2003, at 6 18 P M Council Members Present Harry E Diezel, Margaret L Eure, Vice Mayor Louis R Jones, Reba S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf Jim Reeve, Peter W Schmidt, Ron A Villanueva, Rosemary Wilson and James L Wood Council Members Absent None INVOCATION Vice Mayor Louis R Jones PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA June 3, 2003 -19 - Item V -E. CERTIFICATION OF CLOSED SESSION ITEM # 51246 Upon motion by Councilman Schmidt, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH 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 Harry E Diezel, Margaret L Eure, Vice Mayor Louis R Jones, Reba S McClanan, Richard A Maddox, MayorMeyera E Oberndorf Jim Reeve, Peter W Schmidt, Ron A Villanueva Rosemary Wilson and James L Wood Council Members Voting Nay None Council Members Absent None June 3, 2003 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 51245, page 17, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS Section 2 2-3711(A) of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law NOW, THEREFORE, BE IT RESOLVED. That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies, and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council City Clerk June 3, 2003 -20 - Item V -F.1. MINUTES ITEM # 51247 Upon motion by Council Lady Wilson, seconded by Council Lady Eure, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of April 22, 2003. Voting 11-0 Council Members Voting Aye Harry E Diezel, Margaret L Eure, Vice Mayor Louis R Jones, Reba S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmidt, Ron A Villanueva, Rosemary Wilson and James L Wood Council Members Voting Nay None Council Members Absent None June 3, 2003 -21- Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM # 51248 BY CONSENSUS, Czty Counczl ADOPTED: AGENDA FOR THE FORMAL SESSION June 3, 2003 Item V -H.1. MAYOR's PRESENTATION Mayor Oberndorf PROCLAIMED: - 22 - ITEM # 51249 June 5, 2003 NATIONAL HUNGER AWARENESS DAY Because of the sharp downturn in the economy, 116, 000 families in South Hampton Roads, on a daily basis, are relying on the Foodbank to provide food for their families The Foodbank of Southeastern Virginia has seen an increase in demand for food - particularly among families with children - and has launched a local campaign to secure additional resources to help ease child hunger During the school year there are over 78,000 children enrolled in the free or reduced price lunch program, yet only 17 percent of these children participate in a Summer feeding program - leaving many children without the proper nutrition they need The Foodbank of Southeastern Virginia, along with over 300 partner agencies, is supporting the National Hunger Awareness Day Campaign and plans to spread the word, gather resources and continue its growing movement to end hunger, particularly affecting children in this community Carol Jarvis, President - Foodbank of Southeastern Virginia, ACCEPTED the PROCLAMATION with appreciation on behalf of the Board of Directors. There are many families in our communities that are in need the most startling statistic In the United States, 9 -MILLION children will go to bed hungry June 3, 2003 Proc(amation Whereas: It is with deep concern for the thousands of citizens who face increasing 4fficufties feeding their families that I join with The Tood6ank of Southeastern Virginia as they support America's SecondJfarvest's National JfungerAwareness campaign to feed hungry children; and- Whereas: ndWhereas: Because of the sharp downturn in the economy, 116,000 families in South Hampton &ads on a daily basis are relying on the Food6ankto secure food for their famiCzes; and Whereas: The Food6ankof Southeastern Virginia has seen an increase in demandfor food— particularly among families with children — and has launched a CocaC campaign to secure additional- resources to help ease child hunger; and Whereas: During the school -year there are over 78,000 children enrolled in the free or reduced price lunch program, yet in the summer only 17 percent of these children participate in a summer feeding program — leaving many children without the proper nutrition they need, let alone afuCCstomach; and Whereas: The Food6ank of Southeastern Virginia, along with over 300 partner agencies, is supporting the Wationa(5fungerAwareness Day campaign and plans to spread the word; gather resources, and continue its growing movement to end hunger, particularly affecting children, in this community; and Whereas: Any additional donations, funding or volunteer support generated 6y this National Cad to Action wilt benefit the more than 116,000 families in need of assistance within South .ffampton Rgads and the outlying areas; and Whereas: rl %ie campaign wiCCprovide va(ua6Ce food resources to those in need ofFie(p to reduce hunger within the Food6ank's community: Nov, Therefore, 1, Weyera E. O6erndorf,Mayor of the City of Virginia Beach, Virginia, do here 6y Proclaim: June 5, 2003 Wationa(J-(unger)lwareness 0 ay In Virginia Beach, and I encourage aCC citizens to join me in supporting 'The Food6ankofSoutlieastern Virginia during this national -campaign to provide summer meats -for our chi[dren, secure additional" resources for the communities it serves and for its year Cong efforts to "Feed the Need" In Witness Whereof, 1 Have hereunto set my hand and caused the OffcialSeat of the City of Virginia Beach, Virginia, to 6e affixed this Twenty-fifth day of Ilay, Two Thousand -Three. Meyera E. O6errzdorf Mayor - 23 - Item V -I.1. PUBLIC HEARING ITEM # 51250 Mayor Oberndorf DECLARED A PUBLIC HEARING: Public/Private Educational Facilities and Infrastructure Act of 2002 (PPEA) The following registered to speak in OPPOSITION: Robert O'Connor, 204 52nd Street, Phone 428-0902, represented the Citizens Action Coalition, Inc did not believe the project relative the unsolicited proposal was unique Mr O'Connor suggested an Oversight Committee be established John D Moss, 4109 Richardson Road, Phone 363-7745, represented the Virginia Beach Taxpayers Alliance, and requested DEFERRAL with an Oversight Committee established There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. June 3, 2003 - 24 - Item V -K. ORDINANCES/RESOLUTIONS ITEM # 51251 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED IN ONE MOTION Items 1, 2, 3 , 4, and 6 of the CONSENT AGENDA and Item L.1 of the Planning Agenda. Voting 11-0 (By Consent) Council Members Voting Aye Harry E Diezel Margaret L Eure, Vice Mayor Louis R Jones, Reba S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf Jim Reeve, Peter W Schmidt, Ron A Villanueva, Rosemary Wilson and James L Wood Council Members Voting Nay None Council Members Absent None Councilman Jones ABSTAINED on K 1 (Town CenterPhasell) Vice Mayor Jones has an ownership interest in Resource Bank, which exceeds three percent of its total equity Resource Bank has entered into a participation agreement with Monarch Bank for a line of credit to Armada Hoffler Properties It is likely that Armada Hoffler Properties will manage the Town Center for the project 's developer, Town Center Associates Also, Resource Bank is in negotiation to lease a new building at the Town Center June 3, 2003 - 25 - Item V -K.1. ORDINANCES/RESOLUTIONS ITEM # 51252 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance AUTHORIZING the City Manager to execute and modify, as necessary, an Agreement and applicable documents with Town Center Associates supporting the Virginia Beach Development Authority 's obligation re Town Center Phase II, and recommending approval and execution by the Virginia Beach Development Authority Voting 10-0 (By Consent) Council Members Voting Aye Harry E Diezel Margaret L Eure, Reba S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf Jim Reeve, Peter W Schmidt, Ron A Villanueva, Rosemary Wilson and James L Wood Council Members Voting Nay None Council Members Abstaining Vice Mayor Louis R Jones Council Members Absent None Councilman Jones ABSTAINED on K 1 (Town CenterPhasell) Vice Mayor Jones has an ownership interest in Resource Bank, which exceeds three percent of its total equity Resource Bank has entered into a participation agreement with Monarch Bank for a line of credit to Armada Hoffler Properties It is likely that Armada Hoffler Properties will manage the Town Center for the project 's developer, Town Center Associates Also, Resource Bank is in negotiation to lease a new building at the Town Center June 3, 2003 1 ORDINANCE APPROVING DOCUMENTS FOR 2 PHASE II OF THE TOWN CENTER PROJECT, 3 RECOMMENDING APPROVAL AND 4 EXECUTION BY THE VIRGINIA BEACH 5 DEVELOPMENT AUTHORITY, AND 6 AUTHORIZING THE CITY MANAGER TO 7 EXECUTE AN AGREEMENT SUPPORTING THE 8 AUTHORITY'S OBLIGATIONS 9 10 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of 11 Virginia Beach Development Authority (the "Authority"), the City Manager and City staff have 12 engaged in extensive negotiations with representatives of Armada/Hoffler Development Company, 13 L.L.C., and its affiliates, regarding the development of a Central Business District Project known as 14 "The Town Center of Virginia Beach" (the "Project"); 15 WHEREAS, the Project is a development arrangement between the Authority and 16 Town Center Associates, L.L.C. (the "Developer"), for a mixed-use commercial development 17 utilizing the structure of an economic development park in the B -3A Pembroke Central Business 18 Core District, an area of the City which is zoned to optimize development potential for a mixed-use, 19 pedestrian-onented, urban activity center with mid- to high-rise structures that contain numerous 20 types of uses, including business, retail, residential, cultural, educational and other public and private 21 uses; 22 WHEREAS, on November 23, 1999, the City Council adopted Ordinance No. 99- 23 2567B establishing the Central Business District -South Tax Increment Financing Fund (the "TIF 24 Fund"); 25 WHEREAS, by Ordinance No. 2570Q adopted February 8, 2000, after finding that 26 the Project would stimulate the City's economy, increase public revenues, enhance public amenities 27 and further the City's development objectives for the Central Business Distnct, the City Council (a) 28 approved development documents for the Project (the "Phase I Project Documents") containing a 29 comprehensive development arrangement for the first phase of the Project and a conceptual outline 30 for future phases of the Project, (b) requested that the Authonty approve and execute the Phase I 31 Project Documents, and (c) authorized the City Manager to execute a Support Agreement between 32 the City and the Authority pursuant to which the City agreed to support the obligations of the 33 Authority under the Phase I Project Documents; 34 WHEREAS, by Resolution adopted February 15, 2000, the Authonty approved the 35 Phase I Project Documents and thereafter executed the same; 36 WHEREAS, by Resolution No. RES -02908 adopted December 11, 2001, the City 37 Council endorsed the Town Center as the location for a potential new performing arts theatre for the 38 citizens of the City; 39 WHEREAS, Phase I of the Project, comprised of 254,000 square foot office tower, 40 107,000 square foot of commercial space, a 176 -room hotel, a 17,000 square foot bank headquarters 41 building, a 1,278 -car public parking garage, and public streets, sidewalks and utilities, is nearing 42 completion; 43 WHEREAS, on May 14, 2002, the City Council adopted Ordinance No. 2699B 44 creating the Town Center Special Service District to provide additional, more complete and more 45 timely services to the Phase I public parking garage, the streets and sidewalks and other public 46 facilities and areas in the Project than those services desired in the City as a whole; 47 WHEREAS, Phase I of the Project is to serve as the catalyst for the development of 48 the rest of the Project by the Authonty; 49 WHEREAS, the Developer has worked with the City Manager and City staff and has 50 proposed a more comprehensive development plan for Phase H of the Project than that currently 51 contemplated in the Phase I Project Documents; 2 52 WHEREAS, by Resolution RES-02909 adopted December 18, 2001, the City Council 53 approved a non-binding Memorandum of Understanding dated November 30, 2001 (the "Phase II 54 MOU"), which outlined, among other things, a more comprehensive development plan for Phase II 55 of the Project than that contemplated in the Phase I Development Agreement and the proposed 56 responsibilities of the City, the Authonty and the Developer with respect to Phase II of the Project; 57 WHEREAS, as recommended by such Resolution, the Authority approved the Phase 58 II MOU pursuant to its Resolution adopted December 18, 2001; 59 WHEREAS, the City Manager and the City Attorney, on behalf of the City and the 60 Authority, have pursued the development of a Phase II Development Agreement and other related 61 Phase II Documents (collectively, the "Phase II Documents") in substantial conformity with the 62 terms outlined in the Phase II MOU; 63 WHEREAS, included as one of the Phase II Project Documents is a Support 6 4 Agreement between the City and the Authority (the "Phase II Support Agreement") pursuant to 65 which the obligations of the Authority contained in the Phase II Project Documents are supported by 6 6 the City, with the traditional public infrastructure costs of Phase II of the Project to be funded in part 6 7 through the City's CIP and in part through the Authority's Economic Development Investment 68 Program monies, and the other obligations of the Authority structured to be paid, subject to annual 69 appropriation, by the available revenue from the TIF Fund and the revenues generated by the special 70 tax district; 71 WHEREAS, the City Council finds that Phase II of the Project will stimulate the 72 City's economy, increase public revenues, enhance public amenities, further the City's development 73 objectives for the Central Business District and provide necessary components to further the goals 3 74 contained in the City's "Guidelines for Evaluation of Investment Partnerships for Economic 75 Development"; 76 WHEREAS, the City Council hereby approves the Phase II Project Documents and 77 desires that the Authority approve and execute the Phase II Project Documents. 78 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 79 VIRGINIA BEACH, VIRGINIA; 80 1. The City Council approves the Phase II Development Agreement, a complete 81 copy of which has been provided to City Council and a complete copy of which is on file with the 82 City Clerk (the "Phase II Development Agreement"), which implements a development arrangement 83 between the City of Virginia Beach Development Authonty (the "Authority") and Town Center 84 Associates, L.L.C. (the "Developer"), for the development of Phase II of the mixed-use commercial 85 development project known as "The Town Center of Virginia Beach" in the Central Business District 86 of the City utilizing the structure of an economic development park (the "Project"). 87 2. The City Council recommends that the Authority adopt a Resolution (a) 88 approving the Phase II Development Agreement and all other documents required to implement the 89 provisions of the Phase II Development Agreement (collectively, the "Phase II Project Documents"), 90 (b) authorizing the execution of the Phase II Project Documents, and (c) authorizing the City 91 Manager and the City Attorney, on behalf of the Authonty, to proceed with the development of any 92 additional Phase II Project Documents necessary and appropriate or contemplated by the Phase II 93 Development Agreement to implement Phase II of the Project, with the Phase II Project Documents 94 to be consistent with the terms outlined in the Phase II Development Agreement. 95 3. On behalf of the City of Virginia Beach, the City Manager and the City 96 Attorney are hereby authorized and directed to proceed with the development of any additional Phase 4 97 II Project Documents necessary and appropriate or contemplated by the Phase II Development 98 Agreement to implement Phase II of the Project, with the Phase II Project Documents to contain such 99 terms as are consistent with the terms outlined in the Phase II Development Agreement. 100 4. The City Manager, or his designee, is authonzed to execute and deliver (a) the 101 Support Agreement between the City and the Authority supporting the Authority's obligations 102 contained in the Phase II Project Documents, and (b) such other Phase II Project Documents to which 03 the City is a necessary party to enable the Authonty to proceed with its obligations in Phase II of the 104 Project. 105 5. The City Manager is authorized to modify the Phase II Project Documents to 106 which the City is a party to the extent such modifications may be technical in nature or may be 10 7 necessary from time to time, provided that after such modifications, the Phase II Project Documents 108 shall remain in substantial conformity with the Phase II Development Agreement and such 109 modifications are acceptable to the City Attorney. 110 Adopted by the Council of the City of Virginia Beach, Virginia, on the 3rd day 111 of June , 2003. 112 113 CA -8745 114 May 27, 2003 115 F \Data\ATY\Ordin\NONCODE\CA8745 doc 116 117 118 119 120 121 122 123 124 125 126 5 APPROVED AS TO CONTENT: JLI( yL Finance Department APPROVED A TOL AL SUFFICIENCY: City Attorney - 26 - Item V-K.2.a/b/c/d ORDINANCES/RESOLUTIONS ITEM # 51253 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: a §2-440, 2-441-, 2-442, 2-443 and 24-3 re changing the name of Department of Convention and Visitor Development to Virginia Beach Convention and Visitors Bureau b §10 5-1 and 10-5-2 to comply with recent legislation amending the Code of Virginia re Emergency Medical Services (EMS) c §21-72, 21-75 and 21-86 re local vehicle licences by clarifying "administrative provisions" for the Department of Motor Vehicles (DMV) d §36-57 re parking or stopping of charter buses on streets in the Resort Area Voting 11-0 (By Consent) Council Members Voting Aye Harry E Diezel Margaret L Eure, Vice Mayor Louis R Jones, Reba S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf Jim Reeve, Peter W Schmidt, Ron A Villanueva, Rosemary Wilson and James L Wood Council Members Voting Nay None Council Members Absent None June 3, 2003 1 AN ORDINANCE TO AMEND THE CITY CODE BY 2 CHANGING THE NAME OF THE DEPARTMENT OF 3 CONVENTION AND VISITOR DEVELOPMENT TO THE 4 VIRGINIA BEACH CONVENTION AND VISITORS BUREAU 5 SECTIONS AMENDED: §§ 2-440, 2-441, 2-442, 6 2-443, and 24-3 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That Sections 2-440, 2-441, 2-442, 2-443 and 24-3 of the City 11 Code are hereby amended and re -ordained, to read as follows: 12 Sec. 2-440. Creation. 13 There is hereby created a department of that shall be known as 14 the Virginia Beach convention and visitors bureau. 15 Sec. 2-441. Office of director created; general duties of 16 director. 17 There shall be a director of the Virginia Beach 18 convention and visitors development bureau whose duties shall be as 19 prescribed by the Charter or ordinance or by order of the city 20 manager. 21 Sec. 2-442. General duties of the Virginia Beach 22 convention and visitors development bureau. 23 The department of Virginia Beach convention and visitors 24 deveItp.pment bureau shall be responsible for the following general 25 duties, including any other duties which may be required, assigned 26 or prescribed: 27 (1) Travel and tourism, including, but not limited to, the 28 solicitation of tourist attractions, the development of 29 and coordination of advertising programs and solicitation 30 of activities and events appropriate for departmental 31 facilities. All monies received from departmental event 32 facilities and related operations during each fiscal year 33 shall be paid into the general fund or such other funds 34 as determined by city council. 35 (2) Convention promotion, including, but not limited to, the 36 solicitation of conventions and the coordination of 37 housing of convention delegates. 38 (3) The operation, maintenance and management of departmental 39 event facilities and public parking facilities including, 40 but not limted limited to, lots, on -street parking and 41 garages, establishing and enforcing reasonable rules and 42 regulations for the use of such facilities, as well as 43 revenue and cost analysis, fee standards, and concession 44 operations. 45 Sec. 2-443. Advertising program. 46 47 48 have the authority to expend such funds as the city may appropriate The Virginia Beach convention and visitors pment bureau shall develop an advertising program and shall 2 49 to promote the increase of travel, tourism and conventions within 50 the city. 51 Sec. 24-3. Fees, policies, procedures, rules and regulations 52 pertaining to the use of city parks, recreational 53 facilities, and parks and recreation equipment. 54 55 (b) The director of the Virgina Beach convention and visitors 56 bureau is hereby authorized to (i) establish reasonable 57 fees, and (ii) adopt and enforce reasonable policies, procedures, 58 rules and regulations, pertaining to the use of city parks located 59 in the resort area adjacent to the Atlantic Ocean, subject to the 60 approval of the city manager. 61 Adopted by the City Council of the City of Virginia Beach, 62 Virginia, on this 3rd day of June, 2003. 63 CA -8576 64 DATA/ODIN/PROPOSED/02-440etalord.wpd 65 R2 May 22, 2003 3 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING 2 TO DEFINITIONS AND PERMIT REQUIRED FOR 3 EMERGENCY MEDICAL SERVICES 4 SECTIONS AMENDED: §§ 10.5-1 and 10.5-2 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That Sections 10.5-1 and 10.5-2 of the City Code are hereby 8 amended and reordained to read as follows: 9 Sec. 10.5-1. Definitions. 10 Agency means any person engaged in the business, service or 11 regular activity, whether or not for profit, of transporting 12 persons who are sick, injured, wounded or otherwise incapacitated 13 or helpless, or of rendering immediate medical care to such 14 persons. 15 Emergency medical service vehicle means any privately or 16 publicly owned vehicle, vessel or aircraft that is especially 17 designed, constructed or modified, and equipped and is intended to 18 be used for and is maintained or operated to provide immediate 19 _m dica1 care to or to transport persons vehicle, vessel, aircraft 20 or ambulance that holds a valid emergency medical services vehicle 21 permit issued by the Office of Emergency Medical Services that is 22 equipped, maintained or operated to provide emergency medical care 23 or transportation of patients who are sick, injured, wounded or 24 otherwise incapacitated or helpless. 25 . . 26 Sec. 10.5-2. Permit required. 27 (a) In accordance with section 32.1 156 111.14 of the Code of 28 Virginia, as amended, it shall be unlawful for any individual or 29 organization to operate an emergency medical services agency, or 30 any emergency medical services vehicle in the city for emergency 31 transport purposes or nonemergency transport purposes, without 32 first being granted a permit to do so by the city council. 33 (b) The provisions of subsection (a) above shall not be 34 applicable to the department of emergency medical services, any 35 volunteer rescue squad formally recognized by such department as a 36 provider of emergency medical services within the city, any 37 government operated emergency medical services agency providing 38 service under the authority of a mutual aid agreement or a 39 memorandum of understanding with the city, yr any lifeguard service 40 operating on the public beaches of the city pursuant to a contract 41 with the city, or Virginia Beach Emergency Response System 42 agencies, including but not limited to, the Virginia Beach Police 43 Department, the Virginia Beach Fire Department or the Virginia 44 Beach Parks and Recreation Department. 45 46 Adopted by the City Council of the City of Virginia Beach, 47 Virginia, on this 3rd day of June, 2003. 2 CA -8712 DATA/ORDIN/PROPOSED/10.5-1 and 10.5-2(a) ord2.wpd R3 March 13, 2003 1 AN ORDINANCE TO AMEND AND REORDAIN THE CITY 2 CODE PERTAINING TO LOCAL VEHICLE LICENCES BY 3 CLARIFYING ADMINISTRATIVE PROVISIONS 4 SECTIONS AMENDED: §§ 21-72, 21-75, AND 21-86 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Sections 21-72, 21-75, and 21-86 of the City Code are 9 hereby amended and reordained, to read as follows: 10 Sec. 21-72. General procedure. 11 (a) Pursuant to a contractual arrangement with the city, the 12 state department of motor vehicles shall collect the local veracle 13 license fees required by this article, or portions thereof, for the 14 city, as authorized by Code of Virginia, § 46.2-756. Local vehicle 15 license fees shall be collected at the same time state vehicle 16 registration fees are remitted. Coinci 17 18 • 19 20 bf motor vehicles. 21 22 (c) In any 23 24 •' 25 vehicles' local vehicle registration pro -Li -Lain end the state 26 registration for this vehicle expires before the existing license, .. .. .. IP. • .. • .. . - . ith the state's grace vent quires situs in . . - . . . . 27 28 the months paid p 29 ire due when the state registration is renewed. The following shall 30 govern situations in which a vehicle acquires situs in the 31 after a local vehicle license has been issued by a jurisdiction 32 that does not participate in the department of motor vehicles' 33 local vehicle registration program: 34 III if the state registration expires before the local 35 vehicle license, then a prorated portion of the 36 local license fee, giving credit for the months 37 paid in the other non -participating jurisdiction, 38 shall be due when the state registration is 39 renewed; and 40 (ii) if the state registration expires after the local 41 vehicle license, no local vehicle license fee shall 42 be charged for the time period between the 43 expiration of the local vehicle license issued by 44 the non -participating locality and the expiration 45 of the state registration. 46 47 Sec. 21-75. License requirement; imposition of fee. 48 (a) There is hereby imposed a requirement for a local vehicle 49 license, for the terms as established by this article, on motor 50 vehicles, trailers and semitrailers, regularly kept in the city and 51 used upon public roadways of the city. The amount of the fee for 2 city 52 this license shall be as set forth in the following subsections of 53 this section, and shall be due annually at the same time the state 54 registration is obtained, unless specifically provided for 55 otherwise. A valid vehicle registration, issued by the state 56 Department of Motor Vehicles after April 21, 2003, shall, as 57 necessary, document compliance with the local vehicle license 58 requirements imposed by this ordinance and serve as a license. 59 (b) The license fee on a motor vehicle, designed and usea for 60 the transportation of passengers, which is self-propelled or 61 designed for self -propulsion, shall be, except as otherwise 62 specifically provided in this section, imposed in accordance with 63 the following schedule: 64 (1) Motor vehicles weighing four thousand (4,000) pounds or 65 less, and pickup trucks with a gross weight of four 66 thousand (4,000) pounds or less . . $25.00 67 (2) Motor vehicles weighing more than four thousand (4,000) 68 pounds, and pickup trucks with a gross weight from four 69 thousand and one (4,001) pounds to seven thousand five 70 hundred (7,500) pounds . . . 130.00 71 (3) Motorcycle . . . .23.00 72 (4) Antique motor vehicles licensed permanently pursuant to 73 Code of Virginia, § 46.2-730 (motorcycles or cars) . . 74 113.50 3 75 76 77 78 79 80 (5) Any motor vehicle, trailer or semitrailer upon which well -drilling machinery is attached and which is permanently used solely for transporting such machinery and any specialized mobile equipment as defined by Code of Virginia, § 46.2-700 . . . 115.00 81 Sec. 21-86. Refund for unused portion of license fee. 82 Any person who has paid a current license fee, and who moved 83 out of state, or who disposes of the vehicle for which it was paid 84 •• •• or otherwise surrenders its 85 registration, may inform the state department of motor vehicles, 86 and request a refund for the unused portion of the license fee paid 87 under this article. The state department of motor vehicles shall 88 refund to the applicant a prorated portion, in six-month 89 increments, of the local vehicle license fee, if application for 90 the refund is made when six (6) or more months are remaining in the 91 license period, in the same manner as provided by Code of Virginia, 92 § 46.2-688. 93 Adopted by the City Council of the City of Virginia Beach, 94 Virginia, on this 3rd day of June, 2003. CA -8828 DATA/ODIN/PROPOSED/21-072etalord.wpd R6 May 22, 2003 4 1 AN ORDINANCE TO AMEND SECTION 36-57 2 OF THE CITY CODE, PERTAINING TO 3 PARKING OR STOPPING OF CHARTER BUSES 4 SECTION AMENDED: Section 36-57 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That Section 36-57 of the City Code is hereby amended and 8 reordained to read as follows: 9 Sec. 36-57. Parking or stopping of charter buses. 10 (a) Except as otherwise provided herein, the parking of any 11 charter bus or stopping of any charter bus for the purpose of 12 picking up or discharging passengers shall be prohibited from and 13 including the Frid-y preceding Memorial Day through and including 14 15 inclusive, of every calendar year on all municipal parking lots and 16 all public streets in the following areas: 17 (1) An area bounded on the west by Birdneck Road, on the 18 south by Rudee Inlet and Lake Rudee, and on the east and 19 north by the boundaries of the Beach District, except 20 that charter buses may stop for no more than fifteen (15) 21 minutes to pick up or discharge passengers on 19th Street 22 at Arctic Avenue in a zone designated "15 Minute Charter 23 Bus Loading and Unloading." Furthermore, the 4th Street 24 Public Parking Lot located by Rudee Inlet Loop has beer e Tuesday following Labor Day between April 1 and September 30, 25 designated as a pickup and discharge zone with fee 26 parking for charter buses on a first-come, first-served 27 basis. 28 (2) An area bounded on the south by Bay Colony Drive, on the 29 west by the Linkhorn Bay and Seashore State Park, on the 30 north by 89th Street, and on the east by the Atlantic 31 Ocean; including but not limited to those communities 32 denoted as North Virginia Beach, Princess Anne Hills, Bay 33 Colony and Cavalier Park. 34 (3) An area bounded on the south by Camp Pendleton, on the 35 west by Lake Rudee, on the north by Rudee Inlet, and on 36 37 to those communities denoted as Southside, Harbor Point 38 and Croatan Beach. 39 (b) The city manager or his duly authorized agent designee 40 may authorize the parking or stopping of charter buses in locations 41 and/or at times otherwise prohibited by subsection (a) above. Such 42 authorization, if granted, shall be in writing, a copy of which 43 shall be in the possession of the charter bus driver. 44 Adopted by the Council of the City of Virginia Beach, 45 Virginia, on the 3rd day of June, 2003. the east by the Atlantic Ocean; including but not limited CA -8871 wmm\ordres\36-057ord.wpd May 5, 2003 R-1 2 -27 - Item V -K.3. ORDINANCES/RESOLUTIONS ITEM # 51254 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $9, 765 from the U.S. Justice Department to the Police Department's FY 2002-03 operating budget to support equipment purchases for the Bomb Squad Voting 11-0 (By Consent) Council Members Voting Aye Harry E Diezel Margaret L Eure, Vice Mayor Louis R Jones, Reba S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf Jim Reeve, Peter W Schmidt, Ron A Villanueva, Rosemary Wilson and James L Wood Council Members Voting Nay None Council Members Absent None June 3, 2003 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $9,765 2 FROM THE U.S. DEPARTMENT OF JUSTICE TO THE 3 POLICE DEPARTMENT'S FY 2002-03 OPERATING 4 BUDGET TO SUPPORT EQUIPMENT PURCHASES FOR THE 5 BOMB SQUAD 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 Virginia: 8 That $9,765 in grant funds from the U.S. Department of Justice 9 is hereby accepted and appropriated to the Police Department's FY 10 2002-03 Operating Budget, to support equipment purchases for the 11 bomb squad, with federal revenue increased accordingly. 12 Adopted by the Council of the City of Virginia Beach, Virginia 13 on the 3rd day of June , 2003. CA -8884 Ordin/Noncode/antiterrorord.wpd R-1 May 21, 2003 APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: fvcz---6, Law Departmen U.S. Department of Justice United States Attorney Eastern District of Virginia Paul J. McNulty United States Attorney Mr. Alfred M Jacocks, Jr. Chief of Police Virginia Beach Police Department 2509 Princess Anne Road Virginia Beach, Virginia 23456 Dear Chief Jacocks: 2100 Jamieson Avenue (703)299-3700 Alexandria, Virginia 22314 Fax: 703-549`5202 April 21, 2003 F 111.1 ti^-- •-- - •� 1 APR 2 3 2003 ,�,•^� �� , _1 _, - l Jam_ 11 i_i� i 1 am pleased to advise you that your application to the U.S. Attorney's Anti -Terrorism Assistance Fund (ATAF) has been approved in the amount of $9,765.00. You will receive a check from the Prince William County Police Department, our fiscal agent for this program, in the near future. Response to this anti -terrorism initiative was very enthusiastic. Because we received more applications than we were able to fund, we reduced the award for each of the eleven successful applicants by 2.25% from the amount requested I hope you agree this was the best way to use these limited resources. I want to thank the Prince William County Police Dept for its help in administering this program, as well as the members of the Selection Committee who reviewed the applications: Chief Charlie Deane, Prince William Police Department, Chief John T. White, Poquoson Police Department; Richard E. Trodden, Commonwealth's Attorney for Arlington County; Paul Lanteigne, Sheriff of Virginia Beach; and W. Gerald Massengill, Superintendent of Virginia State Police. Thank you for your interest in this program. I look forward to working closely with you to make Eastern Virginia a safer place for its citizens. Sincerely, Pa J. McNulty United States Attorney -28 - Item V -K.4. ORDINANCES/RESOLUTIONS ITEM # 51255 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED Ordinance to AUTHORIZE acquisition of approximately 36 821 acres from DAVID B HILL and LUKE H. HILL II at Princess Anne Road and Sandbridge Road for $1,260,000 Voting 11-0 (By Consent) Council Members Voting Aye Harry E Diezel Margaret L Eure, Vice Mayor Louis R Jones, Reba S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf Jim Reeve, Peter W Schmidt, Ron A Villanueva, Rosemary Wilson and James L Wood Council Members Voting Nay None Council Members Absent None June 3, 2003 1 ORDINANCE NO. 2 AN ORDINANCE TO AUTHORIZE 3 ACQUISITION OF APPROXIMATELY 36.821 4 ACRES OF PROPERTY LOCATED 5 SOUTHWEST OF THE INTERSECTION OF 6 PRINCESS ANNE ROAD AND SANDBRIDGE 7 ROAD FOR $1, 260,000 FROM DAVID B. 8 HILL, JR. AND LUKE H. HILL, II. 9 WHEREAS, David B. Hill, Jr. and Luke H. Hill, II (collectively, the "Hills") own 10 36.821 acres of real estate located southwest of the intersection of Princess Anne Road 11 and Sandbridge Road (the "Property"), and the Hills desire to sell the Property to the City 12 of Virginia Beach (the "City") ; 13 WHEREAS, the City's Open Space Subcommittee has identified the Property as a 14 parcel to be considered for acquisition as part of the City's open space initiative, and has 15 recommended that the Property be acquired for such purposes; 16 WHEREAS, the City Council of the City of Virginia Beach, Virginia (the "City 17 Council") is of the opinion that the acquisition of the Property would further the City's open 18 space initiative; and 19 WHEREAS, funding for this acquisition is available in the Open Space Acquisition 20 CIP account (CIP 4-004). 21 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 22 VIRGINIA: 23 1. That the City Council authorizes the acquisition of the Property by 24 purchase pursuant to § 15.2-1800 of the Code of Virginia (1950), as amended, which 25 Property is shown on Exhibit A attached hereto 26 2. That the City Manager or his designee is authorized to execute on 27 behalf of the City of Virginia Beach, a Purchase Agreement for the Property, for the sum 28 of $1,260,000 and in accordance with the terms contained in the Purchase Agreement. 29 3. That the City Manager or his designee is further authorized to execute 30 all documents that may be necessary or appropriate in connection with the purchase of the 31 Property, so long as such documents are acceptable to the City Manager and the City 32 Attorney. 33 Adopted by the Council of the City of Virginia Beach, Virginia, on the 3rd day of 34 June , 2003. CA -8840 F:\Users\Walldej1W P\BZA1HuII.ord.wpd date:May 28, 2003 R-1 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL .,a,.,,, /. 4‘Z., Public Works/Real Estate City Attorney 2 Exvn:b:.11. ' A~ - 29 - Item V -K.5. ORDINANCES/RESOLUTIONS ITEM # 51256 A MOTION was made by Councilman Villanueva, seconded by Councilman Reeve, to ADOPT, AS REVISED, (Substitute EXHIBIT A) and staff to return with an amendment concerning small and local businesses: Resolution re procedures for considering unsolicited requests from private entities re qualifying projects under the Public -Private Education Facilities and Infrastructure Act of 2002, and, direct the City's Purchasing Agent to cause these procedures be available to the public and post same in the City's Purchasing office and on the web site SAID MOTION WAS WITHDRAWN. Patricia Phillips, Director ofFinance, prepared an amended version Mrs Phillips distributed the Substitute Exhibit A, containing the guidelines Pages 7, 11 and 15 Page 7 removes reference to fees Pages 11 and 15 include the good faith minority-owned business participation effort Mayor Oberndorf wished it noted the Council was amendable to a fee, if enough independent proposals were made which needed assessment by staff and resulted in long hours of consideration The City Attorney advised if small businesses, local businesses and women -owned businesses were to be inserted, this Resolution should be deferred to allow further review This Resolution could be adopted and then staff be instructed to review this issue and schedule an amendment for a future City Council Session Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council DEFERRED TO the City Council Session of June 24, 2003: Resolution re procedures for considering unsolicited requests from private entities re qualifying projects under the Public -Private Education Facilities and Infrastructure Act of 2002 (PPEA), and, direct the City 's Purchasing Agent to cause these procedures be available to the public and post same in the City 's Purchasing office and on the web site June 3, 2003 -30 - Item V -K.5. ORDINANCES/RESOLUTIONS ITEM # 51256 (Continued) Voting 10-0 (By Consent) Council Members Voting Aye Harry E Diezel Margaret L Eure, Reba S McClanan, Richard A Maddox, MayorMeyera E Oberndorf Jim Reeve, Peter W Schmidt, Ron A Villanueva, Rosemary Wilson and James L Wood Council Members Voting Nay None Council Members Abstaining Vice Mayor Louis R Jones Council Members Absent None Councilman Jones ABSTAINED as he has an ownership interest in Resource Bank, which exceeds three percent of its total equity Resource Bank has entered into a participation agreement with Monarch Bank for a line of credit to Armada Hoffler Properties It is likely that Armada Hoffler Properties will manage the Town Center for the project's developer, Town Center Associates Also, Resource Bank is in negotiation to lease a new building at the Town Center An unsolicited proposal has been received, and if this proposal were to come before the City Council, it would entail a Conflict Vice Mayor Jones will ABSTAIN to avoid any appearance of impropriety June 3, 2003 -31 - Item V -K.6. ORDINANCES/RESOLUTIONS ITEM # 51257 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED Resolution to AUTHORIZE and direct the City Manager implement the City Policy re the use of Lake Wesley as an industrial anchorage or storage of construction equipment Voting 11-0 (By Consent) Council Members Voting Aye Harry E Diezel Margaret L Eure, Vice Mayor Louis R Jones, Reba S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf Jim Reeve, Peter W Schmidt, Ron A Villanueva, Rosemary Wilson and James L Wood Council Members Voting Nay None Council Members Absent None June 3, 2003 REQUESTED BY COUNCILMEMBERS RICHARD A. MADDOX AND PETER W. SCHMIDT 1 1 A RESOLUTION EXPRESSING CITY POLICY WITH 2 RESPECT TO THE USE OF LAKE WESLEY FOR CERTAIN 3 ACTIVITIES AND AUTHORIZING AND DIRECTING THE 4 CITY MANAGER TO IMPLEMENT SUCH POLICY 5 6 7 WHEREAS, the City of Virginia Beach has allowed contractors 8 employed either directly or indirectly by the City of Virginia 9 Beach to utilize Lake Wesley to conduct certain industrial 10 activities related to beach replenishment, channel dredging, and 11 other related marine construction projects; and 12 WHEREAS, the placement of large barges, marine cranes, 13 sections of dredge pipe, and related equipment has hampered boat 14 navigation; and 15 WHEREAS, the activity attendant thereto has resulted in 16 increased noise levels and has disrupted the tranquility of nearby 17 neighborhoods and; 18 WHEREAS, owners of residential property adjacent to Lake 19 Wesley, fishermen, boaters and swimmers have expressed concerns 20 about the continuing impact of such activity on the public safety 21 and quiet enjoyment of the persons living near Lake Wesley; and 22 WHEREAS, it is the sense of the City Council that prompt and 23 decisive action be taken to comprehensively address those concerns; 24 and 25 WHEREAS, the City Council supports the efforts of property 26 owners and concerned civic organizations to maintain the uniqueness 27 of Lake Wesley and to conserve the waterway for residential and 28 recreational use; and 29 WHEREAS, there is existing infrastructure at the City's dredge 30 operation facility on Lake Rudee which may be used to support 31 marine construction projects; 32 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA: 34 That City Council hereby expresses the policy of the City of 35 Virginia Beach that, except in cases of actual, bona fide emergency 36 or as provided below, Lake Wesley shall not be used as an 37 industrial anchorage, including the placement by contractors of 38 barges, marine cranes, sections of dredge pipe and related marine 39 construction equipment therein. 40 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 41 BEACH, VIRGINIA: 42 That as a means of reestablishing and preserving the quiet 43 enjoyment of property in proximity to Lake Wesley, the City's 44 Dredge Operations Facility shall be used, to the greatest extent 45 possible, for placement of large barges, marine cranes, sections of 46 dredge pipe, and related equipment as the site for industrial 47 activities related to beach replenishment, channel dredging, and 48 other related marine construction projects. Furthermore, 49 utilization of the commercial facilities located at the Dredge 50 Operations Facility shall be conducted in a manner which minimizes 2 51 the effect on adjacent residents. In cases in which necessary 52 equipment cannot be transported to the Dredge Operations Facility 53 because of the size of such equipment, the commercial marina 54 located on Southside Road or the Turning Basin shall be used. If, 55 and only if, the City's Dredge Operations Facility, the Southside 56 Road marina and the Turning Basin cannot be used for such purposes, 57 and no other reasonable alternative site is available, shall such 58 activity be allowed to take place in Lake Wesley, and in such 59 event, hours of operation shall be limited to the period between 7 60 a.m. and 7 p.m. and the placement of crewed vessels and fossil 61 fueled generators or other equipment shall be prohibited except 62 during these hours. 63 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 64 BEACH, VIRGINIA: 65 That the City Manager is hereby authorized and directed to 66 implement the aforesaid policy by taking all necessary or 67 appropriate action, to the extent allowable under any existing 68 contractual agreements, to discontinue current utilization of Lake 69 Wesley for industrial purposes by contractors employed directly or 70 indirectly by the City, and to require that future City contracts 71 contain sufficient provisions effectuating the above policy. 72 73 Adopted by the Council of the City of Virginia Beach, 74 Virginia, on the 3rd day of June , 2003. 3 CA -8883 wmmordres\lakewesleyres.wpd R-7 May 27, 2003 APPROVED AS TO LEGAL SUFFICIENCY: 1J&Ji,JY. 4:iii 1.41 Law Department 4 - 32 - Item V -L. PLANNING ITEM # 51258 1. NEW FELLOWSHIP BAPTIST CHURCH CONDITIONAL USE PERMIT June 3, 2003 Item V -L.1. PLANNING - 33 - ITEM # 51259 Reverend John L Amos, 3308 Continental Street, Phone 340-6121 or (652-6137 - cell), the applicant Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt ADOPTED Ordinance upon application of NEW FELLOWSHIP BAPTIST CHURCH for a Conditional Use Permit ORDINANCE UPON APPLICATION OF NEW FELLOWSHIP BAPTIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH RO60331101 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of New Fellowship Baptist Church for a Conditional Use Permit for a church on property located at 3308 Continental Street (GPIN 1487828654) DISTRICT 3 — ROSE HALL The following conditions shall be required: 1 The asphalt area on-site shall be marked for standard parking spaces, with at least one van accessible handicap space marked 2 Any potholes located within the paved area shall be filled and sealed 3 This use permit is valid for one (1) year and shall be re-evaluated at that time by the City Council to ensure that the conditions above have been satisfied This Ordinance shall be effective in accordance with Section 107 (fl of the Zoning Ordinance Adopted by the Council of the City of Virginia Beach, Virginia, on the Third of June, Two Thousand Three Voting 11-0 (By Consent) Council Members Voting Aye Harry E Diezel Margaret L Eure, Vice Mayor Louis R Jones, Reba S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf Jim Reeve, Peter W Schmidt, Ron A Villanueva, Rosemary Wilson and James L Wood Council Members Voting Nay None Council Members Absent None June 3, 2003 -34 - Item V -M.1. APPOINTMENTS ITEM # 51260 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC) ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS COMMISSION OPEN SPACE COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD TOWING ADVISORY BOARD YOUTH SERVICES COUNCIL June 3, 2003 - 35 - Item V -M.2. APPOINTMENTS ITEM # 51261 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Stanley Waranch 3 year term 07/01/03 - 06/30/06 EASTERN VIRGINIA MEDICAL SCHOOL Voting 11-0 Council Members Voting Aye Harry E Dzezel Margaret L Eure, Vice Mayor Louis R Jones, Reba S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf Jim Reeve, Peter W Schmidt, Ron A Villanueva, Rosemary Wilson and James L Wood Council Members Voting Nay None Council Members Absent None June 3, 2003 -36 - Item V -M.3. APPOINTMENTS ITEM # 51262 Upon NOMINATION by Council Lady McClanan, City Council APPOINTED: Betty Warren unexpired term thru 12/31/03 plus 3 year term thru 12/31/06 Paul Lankford unexpired term thru 12/31/04 FRANCIS LAND HOUSE BOARD OF GOVERNORS Voting: 11-0 Council Members Voting Aye: Harry E. Diezel. Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 3, 2003 - 37 - Item M.4. APPOINTMENTS ITEM # 51263 Upon NOMINATION by Councilman Reeve, City Council APPOINTED: Owen B Pickett Co -Chair Paul J. Lanteigne Co -Chair Rita Sweet Bellitto Andrew Edwards Dorcas T. Helfant David W. Matson John D. Moss Edmund Ruffin Amando Santos Salinas Dale W. Tyree Charles R. Wall EFFECTIVE 06/04/03 REAL ESTATE TAX RELIEF FOR SENIOR CITIZENS Voting 9-0 Council Members Voting Aye Harry E Diezel Vice Mayor Louis R Jones, Reba S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf Jim Reeve, Peter W Schmidt, Ron A Villanueva and Rosemary Wilson Council Members Voting Nay None Council Members Abstaining Margaret L Eure and James L Wood Council Members Absent None Council Lady Eure and Councilman Wood do not have a problem with the Committee andjust chose not to vote on this particular issue June 3, 2003 -38 - Item M.S. APPOINTMENTS ITEM # 51264 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Scott P. Ayers Norman W. Carrick Aluara R. Guion 3 year terms 07/01/03 - 06/30/06 SHORE DRIVE ADVISORY COMMITTEE Voting 11-0 Council Members Voting Aye Harry E Diezel Margaret L Eure, Vice Mayor Louis R Jones, Reba S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf Jim Reeve, Peter W Schmidt, Ron A Villanueva, Rosemary Wilson and James L Wood Council Members Voting Nay None Council Members Absent None June 3, 2003 - 39 - Item M.6 APPOINTMENTS ITEM # 51265 Upon NOMINATION by Council Lady Eure, City Council REAPPOINTED: Elizabeth C. Reyes 4 year term 07/01/03 - 06/30/07 SOCIAL SERVICES BOARD Voting 11-0 Council Members Voting Aye Harry E Diezel Margaret L Eure, Vice Mayor Louis R Jones, Reba S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf Jim Reeve, Peter W Schmidt, Ron A Villanueva, Rosemary Wilson and James L Wood Council Members Voting Nay None Council Members Absent None June 3, 2003 -40 - Item M.7. APPOINTMENTS ITEM # 51266 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Henry P Linginfelter 4 year term 07/01/03 - 06/30/07 TIDEWATER COMMUNITY COLLEGE BOARD Voting 11-0 Council Members Voting Aye Harry E Diezel Margaret L Eure, Vice Mayor Louis R Jones, Reba S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf Jim Reeve, Peter W Schmidt, Ron A Villanueva, Rosemary Wilson and James L Wood Council Members Voting Nay None Council Members Absent None June 3, 2003 - 41 - Item V -P. ADJOURNMENT ITEM # 51267 Mayor Meyera E Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:56 P.M. i'__ 0 AZ il. Beverly 0 Hooks, CMC Chief Deputy City Clerk ,B.,.. uth Hodges Smith, MMC Meyera E Oberndorf City Clerk Mayor City of Virginia Beach Virginia June 3, 2003