Loading...
JUNE 1, 2004 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" MAYORMEYERA E OBERNDORE, AI.La,., VICE WYOR WUIS R. JONES, Bay"'¡'. Ois"'" 4 HARRY E DIEZEL K,mp"ill, . D""'" 2 MARGARET L EURE, C,n,,~ill, . D""<el I REBA S. MoCLANAN, Ro" Hall. Dis"icl 3 RJCHARD A, MADDOX, Beach. D,,'nc' 6 JIM REEVE, Pnnc", Ann' . Di""cl 7 PETER W SCHMIDT, AI.La,.' RON A VILLANUEVA, AI.La,., ROSEMARY WILSON, At.La,., JAMES L WOOD, Lynnh~'n .Dis"icl 5 CITY COUNCIL CITY COUNCIL AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE'(757) 427.4303 FAX(757) 426.5669 E- MAIL: Ctycnc/@vbgov,com CITY MANAGER. JAMES K SPORE CITY ATTORNEY. LESLIE L ULLEY OTY CLERK. RUTH HODGES SMITH, MMC 1 June 2004 I. CITY COUNCIL BRIEFING Conference Room 1:00PM I. SOUTHEASTERN PUBLIC SERVICE AUTHORITY - SPSA Status Report John Hadfield, Executive Director II. CITY MANAGER'S BRIEFINGS I. BEACHEVENTS Program Update Bobby MelattÎ, BeachEvents 2. DREDGING Dean Block, Director, Department of Public Works III. COUNCIL LIAISON REPORTS IV. REVIEW OF AGENDA ITEMS V. CITY COUNCIL COMMENTS VI. INFORMAL SESSION - Conference Room- 3:00PM A. B. c. CALL TO ORDER - Mayor Meyera E. Obemdorf ROLL CALL OF CITY COUNCIL RECESS TO CLOSED SESSION VII. FORMAL SESSION 6:00PM A. B. c. D, E. CALL TO ORDER - Mayor Meyera E. Obemdorf INVOCATION: Dr. Julius 1. Franklin Pastor, Righteous Branch Ministries PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ELECTRONIC ROLL CALL OF CITY COUNCIL CERTIFICATION OF CLOSED SESSION F. MINUTES I. INFORMAL AND FORMAL SESSIONS May 25, 2004 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARING L CONVEYANCE OF EASEMENT - to VIRGINIA ELECTRIC AND POWER COMPANY (13.53 acres) for West Landing Electrical Substation I. CONSENT AGENDA 1. 0 RD INAN CES/RESO L UTI 0 N I, Ordinance to AUTHORIZE the City Manager to convey a perpetual easement to Virginia Electric and Power Company re the transmission right-of-way to the proposed West Landing Electrical Substation. 2. Ordinance to APPROPRIATE $600,000, TRANSFER $380,000 re first annual "Patriotic Salute and Celebration" on Memorial Day Weekend 2005 and AUTHORIZE the City Manager to execute the Memorandum of Understanding (MOU) with USO of Hampton Roads, Inc. 3. Ordinance to AMEND and REORDAIN the Agricultural Lands Preservation Ordinance (ARP) to allow, prior to closing, designation of the number of sites, but not the exact location, reserved for single-family development. 4. Ordinance to AMEND Ordinance 96-2392J, adopted June 4, 1996, to redesign the project and allow modifications re acquisition of property, either by agreement or condemnation, for utility and drainage rights-of-way for Birdneck Road - Phase II widening. 5. Resolution to AUTHORIZE the City Manager to execute an Agreement re Cost Participation and Rights-of-Way Acquisition Agreement between the City and Lago Mar Associates, LLC re construction of a portion of Nimmo Parkway with water line installation. K. APPOINTMENTS BOARD OF BUILDING CODE APPEALS - (a) PlumbinglMechanical (b) Building Maintenance HEALTH SERVICES BOARD HUMAN RIGHTS COMMISSION OPEN SPACE COMMITTEE SHORE DRIVE ADVISORY COMMITTEE SOCIAL SERVICES BOARD 1. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ** * * * * * * * * If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) *********** Agenda 06/04/O4't www.vbgov.corn I. CITY COUNCIL BRIEFING Conference Room 1:00PM I, SOUTHEASTERN PUBLIC SERVICE AUTHORITY - SPSA Status Report John Hadfield, Executive Director II. CITY MANAGER'S BRIEFINGS I. BEACHEVENTS Program Update Bobby MelattÎ, BeachEvents 2. DREDGING Dean Block, Director, Department of Public Works IIL COUNCIL LIAISON REPORTS IV. REVIEW OF AGENDA ITEMS V. CITY COUNCIL COMMENTS VI. INFORMAL SESSION - Conference Room- 3:00PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION 6:00PM A. B, C. D. E. F. CALL TO ORDER - Mayor Meyera E. Obemdorf INVOCATION: Dr. Julius 1. Franklin Pastor, Righteous Branch Ministries PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ELECTRONIC ROLL CALL OF CITY COUNCIL CERTIFICATION OF CLOSED SESSION MINUTES I. INFORMAL AND FORMAL SESSIONS May 25, 2004 G. AGENDA FOR FORMAL SESSION Itrønlutinu CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affinnative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. 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 H. PUBLIC HEARING L CONVEYANCE OF EASEMENT - to VIRGINIA ELECTRIC AND POWER COMPANY (13.53 acres) for West Landing Electrical Substation I. CONSENT AGENDA THE BEACON SUNDJ\'(, MAY 23, 2004 :,];",.2.' ...? ...".'~ '~tlI)Ii6~HØ~ rings .".;,¡:;{ ~.~.' t ~=~~ approximately 13.53 ac':~=~: 'lIansrni$sion line easement. located o~ a City owned propeny on Land- on Tuesday, J.UI1O 1, 2004, at cii Chamber (BuUding #1 at pu¡¡¡oseofthisliearingwill ,. to in public comment on the City=s prop~ to conve¡ the approximately 13.53 acres of pennanent tral1Smission Une easement 'to the VI/ginia EleC1Jic and Power Company for the extensioll of electri- cal power to'the.proposed West Landing electrical substatiÇn. . visually impaired and need assis- II the em CLERK'S OffICE at IITDDonly 427-4305 (IDD-Tet" . a~. : An¡ questions col1COming this matter should be directed to the Department at Public Works/Office of _I Estate, Room 392, Buik>- ing #2, in the Virginia Beach Municipal center, The Real Es1ate OffICe telephone number is 4274161.. tf=~~ Ruth Hodges Smith. MMC City Clerk 11475784 I Beacon: Sunday. May 23, 2004 J. 0 RD INAN CES/RESO L UTI ON L Ordinance to AUTHORIZE the City Manager to convey a perpetual easement to Virginia Electric and Power Company re the transmission right-of-way to the proposed West Landing Electrical Substation. 2. Ordinance to APPROPRIATE $600,000, TRANSFER $380,000 re first annual "Patriotic Salute and Celebration" on Memorial Day Weekend 2005 and AUTHORIZE the City Manager to execute the Memorandum of Understanding (MOU) with USO of Hampton Roads, Inc. 3. Ordinance to AMEND and REORDAIN the Agricultural Lands Preservation Ordinance (ARP) to allow, prior to closing, designation of the number of sites, but not the exact location, reserved for single-family development. 4. Ordinance to AMEND Ordinance 96-2392J, adopted June 4, 1996, to redesign the project and allow modifications re acquisition of property, either by agreement or condemnation, for utility and drainage rights-of-way for Birdneck Road - Phase II widening. 5. Resolution to AUTHORIZE the City Manager to execute an Agreement re Cost Participation and Rights-of-Way Acquisition Agreement between the City and Lago Mar Associates, LLC re construction of a portion of Nimmo Parkway with water line installation. ITEM: CITY OF VIRGINIA BEACH AGENDA ITEM Conveyance of 13.53 Acres of Perpetual Easement to Virginia Electric and Power Company for use as a Transmission Right of Way Between the Existing Landstown Electrical Substation and the Proposed West Landing Electrical Substation MEETING DATE: June 1, 2004 . . Background: Virginia Electric and Power Company (the "Company"), parent company to Dominion Virginia Power, has been acquiring transmission easements to upgrade electrical service to the southern portion of the City. The upgrade is necessary, as this portion of the City has undergone significant growth overthe past several years. The Company has indicated that without this additional service, power interruptions are likely in the southern portions of the City in the near future, as demand approaches power distribution capacity. The Company began the route selection process in 1989, and after many meetings with federal, state and local agencies and officials, and property owners and residents in the area, made its recommendation to the State Corporation Commission (the "SCC"), based on a study of 18 potential alternative routes. The City's Departments of Planning and Economic Development worked closely with the Company's engineers to assure that the alignment, location and design of the proposed project would have the least practicable impact on the properties in its path. The SCC approved the proposed route alignment on January 28, 1992. There was a delay in the construction of the project, because the need did not materialize as quickly as the Company had initially expected. Growth in the impacted area has reached the projected numbers, so the project now needs to be implemented. The design specifications have been completed and the SCC has given their final approval for construction. Considerations: We have now received the request from the Company to convey the needed easement from City owned property along Landstown Road. The Easement requested contains 13.53 acres and runs along the western side of the City's Sportsplex site. The easement is approximately 5,400 feet in length and variable in width (though generally considered a 120 foot wide easement). It has been appraised, (by an appraiser selected from the City Real Estate Office's pre- approved list of real estate appraisers) at $278,813. This request, along with the specifics of the easement and the improvements to be built, has been reviewed by City Staff, who have determined that the granting of the easement is appropriate and will not be detrimental to the City's adjacent site. The United States Field Hockey Association and Virginia Beach Development Authority have been briefed on the impact of the easement and improvements to the overall property and have no objection to the City conveying the easement to the Company. Most of the easements necessary for the construction of this project have been acquired by the Company and the design has been approved by the State Corporation Commission. Opposition has been expressed, by residents of the Courthouse Estates Subdivision, to any alignment that comes close to the western edge of their neighborhood. The Company and City officials met with representatives of the subdivision to discuss the neighborhood concerns and the Company is continuing to try and modify the alignment next to the subdivision to alleviate some of those concerns. An advertisement for a public hearing as required by § 15.2-1800 of the Code of Virginia was placed in the Sunday edition of the Virginian Pilot newspaper on February 2, 2003 and the public hearing was held on February 11, 2003. An advertisement was also placed in the Virginian Pilot newspaper on May 23, 2004. . Public Information: Advertisement of City Council Agenda. . Alternatives: Approve the ordinance or deny the request. . Recommendations: Approve the ordinance authorizing the City Managerto convey the easement in accordance with the terms of the attached easement agreement. . Attachments: Ordinance, Easement Agreement, Proposed Easement Plat (Exhibit A), Pictures & Location Map Recommended Action: Approval ~ Submitting Department/Agency: Public work'lfAf City "..,..., 0 \L.:~ "" 10 11 12 13 14 15 16 17 18 19 20 ORDINANCE AN ORDINANCE AUTHORIZING THE CITY MANAGER TO CONVEY A 13.53 ACRES TRANSMISSION LINE EASEMENT TO VIRGINIA ELECTRIC AND POWER COMPANY 1 WHEREAS, the City of Virginia Beach (the "City") is the owner of a certain parcel of real property located along North Landstown Road in the City of Virginia Beach, 2 3 Virginia, designated as GPINs 1484-86-9245, 1484-87-1819 and 1484-87-9998 and containing approximately 270.905 acres (the "Property") as shown in Map Book 241, at 4 5 pages 30 and 31; WHEREAS, Virginia Electric and Power Company (the "Company") has completed 6 7 studies for the alignment and design of a transmission line to extend from the existing Landstown substation to the proposed West Landing substation; 8 9 WHEREAS, the State Corporation Commission has given their approval for commencement of construction of the project along the approved alignment; WHEREAS, the proposed transmission line will be of benefit to the southern portion of the City, alleviating potential outages; WHEREAS, the Company desires to cross a portion of the Property along the approved alignment; WHEREAS, in order to provide for the construction and future maintenance of the transmission line, the Company must obtain a variable width transmission easement (approximately 120' by approximately 5,400'), containing 13.53 acres (the "Easement") from the City; WHEREAS, the Company has had the Easement appraised at a value of $278,813.00 and has made an offer to purchase the Easement from the City for the appraised value; 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 WHEREAS, City staff has determined that the conveyance of the Easement is appropriate, will not be detrimental to the City's future use of the Property, and has been appraised at a fair value; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is authorized to convey to Virginia Electric and Power Company a 13.53 acres transmission line easement in accordance with Easement Agreement and plat attached hereto. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the - day of ,2004. A THREE-FOURTH VOTE OF ALL MEMBERS ELECTED TO COUNCIL IS REQUIRED PURSUANT TO ARTICLE VII, SECTION 9 OF THE CONSTITUTION OF THE COMMONWEALTH OF VIRGINIA. CA-8743 36 PREPARED; 03/13/03 37 38 Approved as to Content 39 ¡;)~l¿J~ 40 Department of Public Works 41 Real Estate Approved as to Legal Sufficiency ~rneY PICTURE # 1 VIEW OF TRANSMISSION LINE EASEMENT LOOKING SOUTH FROM NORTHERN PORTION OF CITY PROPERTY PICTURE # 2 VIEW OF TRANSMISSION LINE EASEMENT LOOKING NORTH FROM APPROXIMATE CENTER OF CITY PROPERTY PICTURE # 3 VIEW OF TRANSMISSION LINE EASEMENT LOOKING NORTH FROM SOUTHERN PORTION OF CITY PROPERTY PICTURE # 4 VIEW OF TRANSMISSION LINE EASEMENT LOOKING EAST FROM LANDSTOWN ROAD ALONG THE SOUTHERN PORTION OF CITY PROPERTY GENERAL ALIGNMENT OF TRANSMISSION LINE RIGHT OF WAY FOR VIRGINIA ELECTRIC AND POWER COMPANY OVER CllY OWNED PROPERlY SOUTH OF THE LANDSTOWN SUBSTATION , Dominion~ VIRGINIA POWER Transmission Right of Way Agreement (VA) - (Page 1) THIS TRANSMISSION AND DISTRIBUTION EASEMENT AGREEMENT, made this - day of ,2003, between THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, GRANTOR, hereinafter called "GRANTOR", and VIRGINIA ELECTRIC AND POWER COMPANY, a Virginia public service corporation, GRANTEE, hereinafter called "COMPANY." WITNESSETH: That for the sum of TEN DOLLARS ($10.00 ), and other valuable considerations, the receipt whereof is hereby acknowledged, GRANTOR grants unto COMPANY, its successors and assigns, the perpetual right, prMlege and easement of right of way One Hundred and Twenty (120) feet in width, to lay, construct, operate and maintain one or more lines of poles, towers, structures, and one or more lines of cables and conduits, together with all wires, manholes, hand holes, meters, attachments, equipment, accessories and appurtenances desirii!ble in connection therewith (hereinafter referred to as "facilities"), for the purpose of transmitting ahellor distributing electric power and for communication purposes. The COMPANY shall have the right to assign or transfer all or any part of the perpetual right, privilege and easement of right of way granted herein, for the purposes specified above. The said perpetual right, privilege and easement of right of way extends over, under, upon and across certain land of GRANTOR situated in the City of Virginia Beach, Virginia as shown on Plates) 2A&2B attached to and made a part of this agreement Being all that certain lot, piece or parcel of land, lying and being in the City of Virginia Beach, Virginia, designated and described as "2A" =8,362.368 sa, FT. = 0.1920 ACRES and "2Bn = 581,019.866 SQ. FT. = 13.338 ACRES, all as shown on that certain plat of survey made by Waterway Surveys & Engineering, Ltd., dated December 2002 and entitled "EASEMENT PLAT TO ACCOMPANY RIGHT-OF-WAY AGREEMENT WITH CITY OF VIRGINIA BEACH," which plat has been duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument No. , to which reference is made for a more particular description. GPIN Numbers 1484-87.9998 1484-87.1819 1484-86.9245 This document prepared by: Virginia Electric and Power Company. (Page 1 of 4 Pages) VPIDNo(s) LANDS 2 Form No. 730628A1(Nov 99) 730628A ~D .. "*'. omlnlOll- Transmission Right of Way Agreement (VA) - (Page 2) The facilities installed hereunder shall remain the property of COMPANY, COMPANY shall have the right to inspect, rebuild, remove, repair, improve, relocate such facilities on such right of way, and make such changes, alterations, substitutions, additions to or extensions of its facilities as COMPANY may from time to time deem advisable, COMPANY shall at all times have the right to keep the right of way clear of all buildings, structures (except agricultural fences), trees, stumps, roots and undergrowth, and shall have the further right to trim or fell any tree outside the right of way which, in the sole opinion of the COMPANY, may endanger the safe or proper operation of its facilities. Such a tree shall be any tree which in falling or being felled could come within ten feet of the facilities. All trees felled by COMPANY may be disposed of by COMPANY within four (4) months after they are felied. All trees felled by COMPANY and not removed by COMPANY shall be placed in piles on the right of way, subject to applicable regulatory requirements, where they will not block streams or drainage ditches. All trees, limbs, stumps, roots and undergrowth cut or uprooted by COMPANY and not disposed of by COMPANY within four (4) months after they are cut or uprooted shall be and remain the property of GRANTOR. All trees felled by COMPANY outside the right of way one year or more after COMPANY initially cuts trees outside the right of way shall remain the property of GRANTOR and shall be paid for by COMPANY at their then local market value. Subject to the other provisions hereof, COMPANY shall have the right, but not the obligation, to plant trees and shrubs within the right of way at public road crossings. For the purpose of constructing, inspecting, maintaining or operating its facilities on the right of way or on any of its rights of way on any other property, COMPANY shall have the right of ingress and egress over and upon the property of GRANTOR adjacent to such rights of way, COMPANY shall have the further right of ingress to and egress from the rights of way over such private roads as may now or hereafter exist on the property of GRANTOR. All rights of ingress and egress shall be exercised in such manner as shall cause the least practicable damage and inconvenience to GRANTOR COMPANY shall repair damage to fences, roads or other improvements and shall pay GRANTOR for any damage to crops, either inside or outside the right of way, when such damage results from the exercise of the rights herein granted, provided GRANTOR gives written notice thereof to COMPANY within sixty (60) days after such damage occurs. GRANTOR, its successors and assigns, may, without approval of COMPANY, use the right of way for agricuitural purposes so long as such use does not interfere with the exercise of COMPANY's rights hereunder. No buildings or other structures shall be constructed on the right of way. With the prior written consent of COMPANY (which consent may be withheld in COMPANY's reasonable discretion), GRANTOR, its successors and assigns, may use the right of way for any purpose not inconsistent with the rights hereby granted including the right to erect fences or to excavate or place fill material on said right of way or drain fields on said right of way and to construct, operate and maintain passways, roads, streets, ditches, water, sewer, telephone, electric or other utility lines (encroachments) across the right of way, provided that the (Page 2 of 4 Pages) VPIDNo(s).LANDS 2 Form No. 730628A2(Nov 99) ~~ 'A'~D .. iiIIJ~' omlnlon- Transmission Right of Way Agreement (VA). (Page 3) (Corporate) COMPANY first determines such use does not interfere with or endanger the construction, operation or maintenance of COMPANY's facilities, COMPANY shall at all times have the right to cross Or cut through such encroachments and to interrupt the use thereof, for the purpose of constructing, maintaining, operating, repairing, altering or replacing its facilities, provided, any damage done by COMPANY in the exercise of such right shall be repaired at COMPANY's own cost and expense. The cash consideration hereinabove mentioned is paid by COMPANY and accepted by GRANTOR as full and total payment for the right of way, for all trees and other obstructions within the right of way and for all other rights and privileges hereinabove set forth and for any damages to the residue of GRANTOR's land, GRANTOR covenants that it has the right to convey the said easement of right of way, rights and privileges; that COMPANY shall have quiet and peaceable possession, use and enjoyment of the aforesaid easement of right of way and that GRANTOR shall execute such further assurances thereof as may be required. NOTICE TO LANDOWNER: You are conveying rights to a public service corporation. A public service corporation may have the right to obtain some or all of these rights through exercise of eminent domain. To the extent that any of the rights being conveyed are not subject to eminent domain, you have the right to choose not to convey those rights and you could not be compelled to do so, You have the right to negotiate compensation for any rights that you are voluntarily conveying iN WITNESS WHEREOF, the GRANTOR has caused its corporate name to be signed hereto by its , the day and year first above written, THE CITY OF VIRGINIA BEACH By: City Manager/Authorizied Designee of the City Manager ATTEST: VIRGINIA ELECTRIC AND POWER COMPANY By: President/Authorized Designee of President (Page 3 of 4 Pages) VPIDNo(s), LANDS 2 Form No. 730628A3(Nov 99 APPROVE:Ü AS TO t.' ~L SUFFICIENCY ~~ - f'!'PROVED AS TO. CONTEI,j¡ ~ 'r n ~ 0- f¡ ..'~¿!iJlJ '..'" ,J¡¡/UJ, .-.. ¡ . v .. . ;1~;AïU5E he krlli C<..,{ú[! .......-- . . C"ARTW,NT , Dominion~ Corporate Notary Blank - (VA) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: and whose names are signed to the foregoing writing dated the day of , 2003, as City Manager/Authorized Designee of the City Manager and City Clerk respectively, of the City of Virginia Beach, have acknowledged the same before me on this _day of 2003 in the City and State aforesaid. , a Notary Public in and for the State of Virginia at , do hereby certify that I, Large, whose commission expires Given under my hand this day of ,2003, Notary Public STATE OF VIRGINIA CITY OF RICHMOND, to wit: I, Large, whose commission expires , a Notary Public in and for the State of Virginia at , do hereby certify that , whose name is signed to the foregoing writing dated the day of , 2003 as President/Authorized Designee of President of Virginia Electric and Power Company, has acknowledged the same before me on this day of ,2003 in the City and State aforesaid, Given under my hand this day of ,2003, Notary Public (Page 4 of 4 Pages) VPIDNo{s). LANDS 2 Form No, 720502A(Nov 99) ~~ ~~ rB! , , !:!" -'" ollJ ¡¡;.. g8: "'u) enP ;::1 . , , p ¡;:¡§ 1::° "'1'; £è! !)¡ ~ ~~ ~I ~ ~ ,g \ '" \ ¡¡I!? ~~ , ~ -s ,~@ Ï~ d " ,--,o,p-- ,.,~'" ,;,r.ø m >< ::J: m ::¡ ~ ~ ;¡~§ ; ,: ลก ~ ~:<~ ~ g~ ~ ~i§~8~~ z,.~g'i<i ~ ~~~ g ~~ ~~~~~.'~ ~ M ~ ~ ~ §,<>g: . ». O~ ~ :~~ ~ ~ ~~~ ê ~ ~~~ g ~ ~ ~!n : I Ó i ~ ~ ¡::¡ ~ .~ íj ~. z ~ 0 ~ z r~ ~ ~ ,., ..."." 0°' '0' "" - ~~ ~ ~~~ ,~ ú~&~ ~~~t~@ ~~~ !! » ".. §~ .." ~~ m~: ,~~ ite@N .00 tz ~~~ g» ", , .. ~~ "'" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $600,000 for an Entertainment Funding Grant to the use of Hampton Roads, Inc., to Transfer $380,000 from the Reserve for Contingencies in support of the First Annual Patriotic Salute and Celebration, and to Authorize the City Manager to execute a Memorandum of Understanding with the use. MEETING DATE: June 1, 2004 . Background: On February 10th, 2004, the City Council adopted a resolution expressing its collective appreciation and support for the nation's military and directed the City Manager to work with the USO of Hampton Roads, the Navy League, and the Chamber of Commerce to provide all necessary support to bring a Military Appreciation Day to fruition on Memorial Day Weekend 2005. The event will honor the military by providing festive events and musical entertainment over the three-day Memorial Day Weekend. It is anticipated the event will draw military families from all over the East Coast. . Considerations: The City of Virginia Beach and the use of Hampton Roads, Inc. (the "USO") have agreed to terms and conditions describing each party's responsibilities set forth in a Memorandum of Understanding. A summary of the terms and conditions is attached. The City will provide the usa with a $600,000 Entertainment Funding Grant to procure and produce the entertainment and to assist with production costs. To date, this level of funding has not been appropriated. The usa of Hampton Roads will reimburse the $600,000 Entertainment Funding Grant through the net proceeds of the event. Generally, the usa will book, promote, and produce the entertainment for the event as well as seek private sector sponsorships. The City will also provide up to $200,000 to the City's advertising contractor to market the event within and outside the Hampton Roads area, This level of funding is appropriated in the Tourism Advertising Program Fund. Other anticipated expenses include $200,000 for shuttle bus and parking, which will be transferred from the FY 2004-05 General Fund Reserve for Contingencies to the FY 2004-05 Operating Budget in the Parking Enterprise Fund; $48,000 for Traffic Control and $22,000 for Beach Operations, both of which will be transferred from the FY 2004-05 General Fund Reserve for Contingencies to the FY 2004-05 Operating Budget in the Department of Public Works; and $110,000 for public safety, which will be transferred from the FY 2004-05 General Fund Reserve for Contingencies to the FY 2004-05 Operating Budget of the Police Department. . Public Information: Information will be provided through the normal agenda process. . Alternatives: Not appropriate the funds and reject the MOU, or modify the amount of fúnding and the terms of the MOU. . Recommendations: Adoption of ordinance. . Attachments: Ordinance and Summary of Terms Recommended Action: Approval Submitting Department/Agency: Convention and Visitor's Bureau City Manager: ~l.~ City: Event Sponsor: Event: Term: MOU between the City and USO of Hampton Roads, Inc. for Military Appreciation Weekend SUMMARY OF TERMS City of Virginia Beach usa of Hampton Roads, Inc., a Virginia non-stock corporation First Annual Patriotic Salute and Celebration on Memorial Day Weekend, 2005 Commencing on date of execution of the MOD. The MOU may be renewed by the parties for two additional one-year terms subject to the approval of City CounciL Responsibilities of Event Sponsor: . Shall organize, plan, initiate, promote and provide management for the Event. Shall secure all necessary permits including local Special Events Permit. Shall secure liability and event interruption/cancellation insurance in amounts and with coverage acceptable to the City and naming the City as an additional insured. Shall book entertainment with certain drawing power as follows: *One "headliner" act shall be booked for one day of the Event. *One of the major entertainment events shall be a usa Variety Show with a "headliner" comic performer and variety acts with national recognition. *One "second tier" entertainment act with national recognition shall be booked for another day of the Event. *All entertainment to be approved by the City. Shall be responsible for producing, distributing and collecting tickets. Shall distribute no more than 5,000 complimentary tickets for each day of the Event to active and retired military and their immediate families as well as sponsors, media and designated officials mutually agreed upon by the City and Event Sponsor. Shall raise $225,000 in private-sector sponsorship solicitations. May charge a management fee not to exceed $35,000 for reimbursement of reasonable ordinary expenses incurred in the administration and execution of its obligations set forth in the MOU. Reimbursable expenses include, but are not limited to directly related staff salaries and overtime; additional part time staff wages including summer interns; salary for a volunteer . . . . . . . coordinator; mileage and other reasonable travel expenses; uniforms, lodging, meals and other miscellaneous expenses for Event Sponsor on-site staff during the Event. Reimbursements will be made as expenses are incurred and are conditioned upon submission of detailed supporting documents in the form of invoices, logs, time sheets and payroll records. Shall furnish a performance bond in the sum of $600,000 payable to the City. If the Event produces a net operating income (ie, funds after repayment of Event Expenses and Management Fee), proceeds shall be applied to repay the $600,000 Entertainment Funding Grant. If any funds are left over they shall be applied first to recover any losses the City incurred from the satellite parking operations and the provision of City services above base service level, and secondly to establish a reserve to be used as a source of funding for any subsequent Annual Patriotic Salute and Celebration on Memorial Day Weekend. If the Event incurs a net operating loss, the Event Sponsor shall not be obligated to repay the $600,000 Entertainment Funding Grant. . . Responsibilities of the City: . Shall provide up to $200,000 to City's advertising contractor to market the Event within and without the Hampton Roads area. Shall provide $600,00 in entertainment funding in three payments of $200,000 each as follows: *No installment shall be paid until the City approves the entertainment schedule. *The first $200,000 will be paid on October 1, 2004 so long as (i) Event Sponsor has submitted a site and logistic plan for the entire Event by August 1, 2004;(ii) Event Sponsor submits supporting documentation evidencing $100,000 in private-sector sponsorships no later than October 1, 2004; and (iii) Event Sponsor provides evidence of booking of the "headliner" act by August 1, 2004. Installment payment and August 1st deadline may be postponed if the "headliner" entertainer has not set its schedule by that date. *The second $200,000 will be paid on January 1, 2005 so long as Event Sponsor submits supporting documentation evidencing $225,000 in private -sector sponsorships no later than January 1, 2005, and provides evidence of booking of the USO Variety Show no later than January 1, 2005. *Last $200,000 installment shall be paid on February 1, 2005. *Second and third installment payments are also subject to the requirement that Event Sponsor produce reasonable documentation, acceptable to the City, evidencing why the installment payment should be made. Shall provide base City services of police, paramedic, trash removal and maintenance of public areas. . Other Terms: . Event Sponsor may establish a non-profit entity to perform its duties and responsibilities under the MOU. The Event Sponsor may assign its rights and obligations under the MOU to this non-profit entity with the written consent of the City. Event Sponsor agrees to City's auditing requirement. . Termination: . If the Event Sponsor cancels the Event without cause, defaults in providing the City with supporting documentation for installment payments of the Entertainment Funding Grant, or fails to comply with any provision of the MOU, the City shall have the right to terminate the MOD. The Event Sponsor shall reimburse the City for all installments, or any portion thereof, paid to the Event Sponsor. F,IUs"sIVValldejIWF\BZAluso./nn.wpd 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE USO CONCERNING THE FIRST ANNUAL PATRIOTIC SALUTE AND CELEBRATION, TO APPROPRIATE $600,000 TO THE USO, AND TO TRANSFER $380,000 FROM THE FY 2004-05 GENERAL FUND RESERVE FOR CONTINGENCIES TO SUPPORT THE EVENT WHEREAS, the City Council previously adopted a resolution expressing its collective appreciation and support for the nation's military and directed the City Manager to work with the USO of Hampton Roads, the Navy League, and the Chamber of Commerce to provide all necessary support to bring the First Annual Patriotic Salute and Celebration to fruition on Memorial Day Weekend 2005; WHEREAS, the event will honor the military by providing festive events and musical entertainment over the three-day Memorial Day Weekend; and WHEREAS, the City of Virginia Beach and the USO of Hampton Roads, Inc., (the "USO") have agreed to terms and conditions describing each party's responsibilities, as set forth in a Memorandum of Understanding. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: I. That the City Manager is hereby authorized and directed to execute an Memorandum of Understanding between the City and the USO regarding the First Annual Patriotic Salute and Celebration, in accordance with the Summary of Terms presented to the City CounciL 2. That $600,000 is hereby appropriated from anticipated reimbursement revenue by the USO from the proceeds of the event to the FY 2004-05 Operating Budget of the Convention and Visitor Bureau for the purpose of funding an Entertainment Funding Grant to the USO. 28 3. That the estimated revenue from local sources is hereby increased by $600,000 in 29 anticipation of reimbursement from the USO. 30 4. That $200,000 is transferred from the General Fund Reserve for Contingencies to the FY 31 2004-05 Operating Budget of the Parking Enterprise Fund for shuttle bus and parking expenses. 32 5. That $70,000 is transferred from the General Fund Reserve for Contingencies to the FY 33 2004-05 Operating Budget of the Department of Public Works for traffic and beach operations. 34 6. That $110,000 is transferred from the General Fund Reserve for Contingencies to the FY 35 2004-05 Operating Budget of the Police Department for increased public safety. 36 7. That the City Manager is hereby directed to appoint a committee consisting of the 37 following individuals to oversee the administration of the MOU: the City Manager or his designee, 38 the City Attorney or his designee, the Director of Convention & Visitors Bureau ("CVB"), two CVB 39 staff members and Councilmembers Richard A, Maddox and Rosemary Wilson. 40 Adopted by the Council of the City of Virginia Beach, Virginia, on this I" day of June 2004. 41 42 43 APPROVED AS TO CONTENTS: H oÐo.M}Q5~^^J O,~ 47 Management Servi~ -J 48 APPROVED AS TO LEGAL SUFFICIENCY: / ~o£F I V; CA-9277 H:\P A \GG\ORDRED\Military Appreciation ORD.DOC R-2 May 26, 2004 .c~'>. ¡;",¡.~t~.\ (~~i;; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to Amend and Reordain the Agricultural Lands Preservation Ordinance of the City of Virginia Beach Pertaining to Reservations of Building Sites in Easement Areas MEETING DATE: June 1, 2004 . Background: Since the inception of the City's Agricultural Reserve Program ("ARP"), landowners wishing to set aside portions of their property for future development as single-family building sites ("reserved sites") have been required to designate not only the number of reserved sites they desire, but their specific location as well. The City would then have a survey performed, at its expense, to delineate the exact boundaries of reserved sites. Because of the expense and time involved in performing surveys, and because landowners not infrequently desire to change the location of the reserved sites (which requires the approval of the City Council), a more efficient means of accomplishing the same result is desirable. . Considerations: The proposed procedure requires landowners to designate, prior to closing, the number of reserved sites they desire to set aside, but not the exact location of the sites. The need for a physical survey of each reserved site is thus avoided. Instead, the deed of easement would contain language allowing a certain number of single-family dwellings (with accessory structures) to be built within the ARP easement area, but would require that the building sites be subdivided from the remainder of the land covered by the ARP easement before they may be developed. When the landowner desires to develop the reserved sites, he or she would decide where they would be located and would submit to the Planning Department a subdivision plat showing their precise location. The plat would then be reviewed under the City's Subdivision Ordinance as a means of ensuring that no unpermitted development takes place on ARP land. The proposed change is one of procedure only. It does not allow any greater or different development than is presently allowed under the ARP, but merely streamlines the acquisition process and benefits both landowners and the City. . Public Information: Advertised as a normal agenda item. . Alternatives: While the City Council may decline to adopt the amendments, the proposed procedure will result in a cost savings to the City by eliminating the need for physical surveys of reserved sites and will shorten the time required to close on a purchase of development rights. . Recommendations: Adoption of Ordinance . Attachments: Proposed Ordinance Recommended Action: Approval Submitting Department/Agency: Agriculture Department ^~ City Manager: ~ L~ \ H:IOIDlLand UselOrd & Res Prepared for CouncillProposedlARF 4 & II ,DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 AN ORDINANCE TO AMEND AND REORDAIN THE AGRICULTURAL LANDS PRESERVATION ORDINANCE OF THE CITY OF VIRGINIA BEACH PERTAINING TO RESERVATIONS OF BUILDING SITES IN EASEMENT AREAS Sections Amended: Agricultural Lands Preservation Ordinance §§ 4 and 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 4 and 11 of the Agricultural Lands Preservation Ordinance of The City Of Virginia Beach are hereby amended and reordained, to read as follows: APPENDIX J. AGRICULTURAL RESERVE PROGRAM . . . . Sec. 4. Definitions. . . . . (b) Agricultural land preservation easement or preservation 23 easement means a nonpossessory interest in land, in perpetual 24 duration, pursuant to which the exercise of development rights on 25 the subject property is þrohiaitcd restricted in accordance with 26 the provisions of such easement. 27 28 COMMENT 29 30 31 32 33 The amendment redefmes the easements used in the Agricultural Reserve Program in recognition of changes in the program procedures. Under current procedures, reserved sites (areas set aside for future development) must be surveyed and excluded entirely from ARP easements prior to closing. Under the proposed changes in procedure, only the number of future building sites, and not their exact location, may be reserved in the deed of easement itself and subdivided later. 1 34 35 36 37 38 39 40 41 Sec. 11. Nature of rights acquired; repurchases; exchanges. a) No interest in land other than a perpetual agricultural land preservation easement shall be acquired by the city pursuant to the provisions of this Ordinance, and no such interest shall be acquired by the exercise of the power of eminent domain. The acquisition of a preservation easement by the city shall not confer upon the public any right of entry or access, or any other rights, 42 express or implied. 43 b) The acquisition of a preservation easement by the city 44 shall ~ extinguish iffiY the right5 of the landowner e¡tee~t fer the 45 ~ to develop the property for any use other than: 46 ill ill (1) an agricultural use, as defined in Section 4; and upon proper subdivision of the property, one 47 48 single-family on dwelling building each site 49 reserved preservation for such purposes in the 50 easement and accessory uses as allowed by Section 51 401 (b) so the of City Zoning Ordinance. Lots 52 subdivided shall, to the extent possible, contain 53 than acres of land than three (3) no more 54 encumbered by the preservation easement. 55 aftà sfiall not eenfer <l ?Dn Efie ~u!3lic an) ri§flt af entry or 56 acceDS, or any Dtfier ri§flEo, eJ~reeD Dr implieà. 2 57 58 59 60 61 62 63 c) Upon the expiration of twenty-five (25) years from the date on which a preservation easement is recorded, the landowner or successor in interest to the property which is subject to the easement petition the repurchase the city council to may development rights on such property. The city council may, by vote of no less than three-fourths of all and in of its members, accordance with all other procedural requirements then governing 64 the sale of municipal interests in land, authorize the sale of such 65 development rights to the petitioning party at the then-current 66 fair market value of such development rights and upon such terms 67 and conditions as may be fair and reasonable. No such sale shall be 68 authorized, unless by the city council determines however, 69 ordinance that: 70 (1) the sale of such development rights is essential to the 71 orderly development and growth of the city; and 72 (2) The development of the property for nonagricultural uses 73 would not be in conflict with the Comprehensive Plan then 74 in effect. 75 (d) In each instance in which development rights to property 76 are sold by the city, other preservation easements of (i) at least 77 equal fair market value, (ii) of greater value as permanent open 78 space, and (iii) of as nearly as feasible equivalent usefulness and 79 location for use as permanent open-space land as the property which 80 is the subject of the petition shall be acquired, unless the city 3 81 82 83 100 101 102 103 council determines by ordinance that: (i) the preservation easement upon the property which is the subject of the petition is no longer needed, (ii) that substitution of other preservation easements is 84 not feasible, and (iii) that no state or federal funds were used in 85 connection with the acquisition of the development rights upon the 86 property which is the subject of the petition. 87 (e) 88 any time 89 acquired, Notwithstanding any other provision of this section, at after a preservation easement on a parcel has been the landowner may petition the city council for the 90 extinguishment of such easement in exchange for the conveyance to 91 the city of a preservation easement on a different portion of the 92 landowner's property meeting all of the eligibility criteria set 93 forth in section 7. The city council shall approve such exchange 94 upon a finding that: 95 96 97 98 99 (1) The acquisition of the proposed preservation easement in lieu of the existing easement does not adversely affect the City's interests in accomplishing the purposes of this Ordinance; (2) The proposed easement area meets all of the eligibility requirements set forth in Section 7 of this Ordinance; and (3 ) The exchange complies with the requirements of subsection (d) . 4 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 (f) The consideration for any acquisition of a preservation easement pursuant to subsection (e) shall consist solely of the extinguishment of the existing preservation easement. COMMENT The amendments in Lines 40 - 43 simply relocate the same provision from subsection (b) to subsection (a). The amendments to subsection (b): (I) allow landowners placing their property in the Agricultural Reserve Program to designate the desired number of sites reserved for future development without having to decide upon their exact location prior to closing; (2) explicitly require that reserved sites be subdivided from the remainder of the land encumbered by the ARP easement prior to their development; and (3) formalize the established programmatic procedure whereby reserved sites are limited, to the extent possible, to 3 acres in area. Adopted by the City Council of the City of Virginia Beach, Virginia, on this ---- day of , 2004. CA-9230 OID/ordres/ARP4&11ordin.doc R-1 April 19, 2004 APPROVED AS TO CONTENT: ~ LEGAL Ci 5 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to amend Ordinance No. 96-2392J, adopted June 4, 1996, authorizing acquisition of real property in fee simple for right of way for Birdneck Road - Phase n (VDOT) (CIP-2-149) and temporary and permanent easement either by agreement or condemnation. MEETING DATE: June 1,2004 . Background: Birdneck Road Phase n (CIP 2-149) is a Virginia Department of Transportation (VDOT) administered project (VDOT UooO-134-V27, RW-21O), of which, Public Works is performing the right of way acquisition phase of the project. In June 1996 VDOT requested that the city approve the roadway location and major design features and authorize right of way acquisition. City Council adopted Ordinance No 96-2392J authorizing the acquisition of real property. Right of way acquisition consists of acquiring right of way and/or easement from approximately 137 parcels. After adoption of this ordinance, the city and VDOT began design work with the private utility companies to relocate private utilities within the corridor, including the relocation of overhead utilities to underground in an effort to create a gateway concept along Birdneck Road. A lengthy iterative design process resulted, which balanced the cost of relocating utilities underground with right of way and easements acquisition. This project was further substantially delayed by VDOT funding problems and cost increases. In addition, VDOT performed a major redesign of the proposed drainage system. As a result, approximately 76 parcels of the original 137 parcels have been impacted by this redesign effort. Since the acquisition requirements for approximately 55% of the original parcels have been modified from the time of the original Ordinance authorized acquisition of real property, an Ordinance Amendment is required. . Considerations: Funding for acquisition has been appropriated. This project will be administered by VDOT for the widening of Birdneck Road from a two-lane to a four-lane divided facility from General Booth Boulevard to Southern Boulevard. By the year 2020, it is projected that 24,000 vehicles per day will travel this corridor. Acquisition will be administered by the City of Virginia Beach, through the Public Works Real Estate Office. VDOT is making the necessary adjustments to the right of way plans and acquisition plats are now being modified. . Public Information: Further public meetings are not required. . Alternatives: I) Adopt the Ordinance Amendment. 2) Do not adopt the Ordinance Amendment and do not proceed with acquisition for the project. . Recommendations: Adopt the Ordinance Amendment to allow the acquisition process to begin. . Attachments: I) Ordinance Amendment; 2) Location Map Recommended Action: Approval ~ Submitting DepartmenUAgency: Public Workff City Manager:~ )C. ~ 6?2., 1 2 3 4 5 6 7 8 AN ORDINANCE TO AMEND ORDINANCE NO. 96-2392J, ADOPTED JUNE 4, 1996, AUTHORIZING ACQUISITION OF REAL PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR BIRDNECK ROAD - PHASE II (VDOT) (CIP 2-149) AND TEMPORARY AND PERMANENT EASEMENTS EITHER BY AGREEMENT OR CONDEMNATION WHEREAS, on June 4, 1996, the Council of the City of Virginia Beach, Virginia, adopted 9 Ordinance No. 96-2392J (the "1996 Ordinance") authorizing the acquisition of real property in fee 10 simple for right of way and temporary and permanent easements for improvements to Birdneck Road 11 between General Booth Boulevard and Southern Boulevard; 12 WHEREAS, after adoption of the 1996 Ordinance, the Birdneck Road Project underwent 13 major design changes, requiring the acquisition of different property than was affected by the 1996 14 Ordinance. This Ordinance amends the description of the property now needed for the Birdneck 15 Road Project. 16 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public 17 necessity exists for the construction of this important roadway and intersection improvements project 18 to improve transportation within the City and for other related public purposes for the preservation of 19 the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the 20 City of Virginia Beach: 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 22 23 Section L That the City Council hereby amends the 1996 Ordinance to reflect the re- 24 design of the Birdneck Road Project. The land affected is now described in the redesigned Plans 25 (defined below). 26 Section 2. That the City Council authorizes the acquisition by purchase or condemnation 27 pursuant to Sections 15.2-1901, ~ ~., and Sections 33.1-89 ~ ~., Code of Virginia of 1950, as 28 amended, of all that certain real property (the "Property") in fee for right of way, together with 29 temporary and permanent easements and entire tracts upon which such rights of way or easements 30 shall be located, within the limitations and conditions of Section 33, 1-91 of the Code of Virginia of 31 1950, as amended, as shown on the plans entitled "COMMONWEALTH OF VIRGINIA 32 DEPARTMENT OF TRANSPORTATION, PLAN AND PROFILE OF PROPOSED STATE HIGHWAY, CITY OF VIRGINIABEACHBIRDNECKROADFR: 0,011 MI. EAST GENERAL 33 34 BOOTH BLVD. TO: 0,016MI, NORTH SOUTHERNBLVD.PROJ. UOOO-134-V27-PE-I01,RW- 35 201, C-501," and more specifically described on the acquisition plats for the project (plans and plats collectively referred to as the "Plans"), the Plans being on file in the Engineering Division, Departmènt 36 37 of Public Works, City of Virginia Beach, Virginia. 38 Section 3. That the City Manager is hereby authorized to make or cause to be made on 39 behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in the Property described in the Plans, If refused, the City 40 41 Attorney is hereby authorized to institute proceedings to condemn the Property. 42 Adopted by the Council of the City of Virginia Beach, Virginia, on the - day of 43 .2004. 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 CA9000 2/17/2004 F: \Data IA TY\F onnslCO NDI WORKlNG\ca9000.doc ~~v;: C.T~=::NTS NATURE pIJJ RrÆJ( éddi DEPARTMENT APPROVED AS TO LEGAL S'ArNCY 17: FORM W().:. CITY ATTORNEY - ~ 59 60 61 81 RDN ECK ROAD PHASE II C.I.P. 2-149 SCALE: 1" = 1600' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Pertaining to the Nimmo Parkway Cost Participation Agreement and Right-of-Way Acquisition. MEETING DATE: June 1, 2004 . Background: Lago Mar Associates, LLC (LMA), the developer of Lago Mar, is currently developing Section 7 of that subdivision, and must provide additional access improvements for the proposed development. The City's preferred alternative for such access is the construction of a portion of Nimmo Parkway adjacent to both the "old" portions of Lago Mar south of Nimmo Parkway and the newer Section 7 north of Nimmo Parkway, Nimmo Parkway is designated on the Master Transportation Plan as a 100- foot controlled access roadway with a bicycle path and scenic buffer. . Considerations: Subject to the City Council's approval, LMA and the City have agreed upon the terms of a cost participation agreement whereby LMA would construct: (1) a portion of Nimmo Parkway from its existing terminus just east of Upton Drive to a point approximately 900 feet east of Camino Real South; and (2) a water line within the Nimmo Parkway right-of-way extending from Upton Drive to Atwoodtown Road. The Agreement specifies that LMA will construct Nimmo Parkway as a two-lane "hybrid"(Le., modified) roadway section to be constructed in such a manner as to facilitate the future expansion of the roadway to four lanes undivided, and a bicycle path. LMA would pay the equivalent cost of constructing a two-lane rural roadway between Townfield Drive and a point 900 feet east of Camino Real South, and the City would pay the remainder of the project cost, including the cost difference between the "rural" and "hybrid" roadway sections and the cost of a bicycle path. The cost of this roadway work is included in CIP 2-151 (Sandbridge Corridor Improvements). Funding will be obtained from CIP 2-151 as well as CIP 2-837 (Various Cost Participation Projects) to cover the City's share of the project costs. The Agreement also specifies that LMA will construct the Nimmo Parkway Water Improvements (CIP 5-002) at 100% City cost. Contemporaneous construction of the roadway and water line by LMA will minimize public inconvenience and provide cost savings to the City. A more complete description of the terms of the proposed cost participation agreement is provided in the attached Summary of Material terms. . Public Information: This project is an active CIP project and therefore was presented to the public during the CIP approval process. In addition, a Citizens' Information Meeting will be held during the design phase of the improvements some time in the next few months. . Alternatives: The City Council is not required to enter into a cost participation agreement for the proposed improvements. If it does not, LMA would be able to build only that portion of Nimmo Parkway necessary to fulfill its access requirements and thus leave Nimmo Parkway unconnected to its existing terminus until the City constructs the remainder through the CIP process at a greater cost and at a later date. In addition, LMA would only construct a 2-lane rural roadway, which could not readily be expanded in the future to a 4-lane undivided roadway. The City would also lose the anticipated cost benefits realized by LMA's construction of the water line. . Recommendations: Adoption of the Resolution . Attachments: Resolution; Summary of Material Terms Recommended Action: Approval Submitting Department/Agency: Public Works/Engineering ~r ~ ta~# Public Utilities/Engineering~~ / / City Manage~ lL, ~ ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A COST PARTICIPATION AGREEMENT BETWEEN THE CITY AND LAGO MAR ASSOCIATES, LLC FOR THE CONSTRUCTION OF IMPROVEMENTS TO NIMMO PARKWAY (CIP 2-151) AND A WATER LINE (CIP 5-002) AND AUTHORIZING THE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR SUCH PROJECTS AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS, BY AGREEMENT OR CONDEMNATION WHEREAS, Lago Mar Associates, LLC ("LMA") is the developer of the Lago Mar, Section 7 subdivision adjacent to the Nimmo Parkway right-of-way in the City of Virginia Beach; and WHEREAS, LMA provide additional the must access to subdivision, and the City desires to extend the construction of Nimmo Parkway eastward from its present terminus east of Upton 18 Drive and to construct a water line in the Nimmo Parkway right-of- 19 way; and 20 WHEREAS, is willing participate in the LMA to cost 21 construction of the improvements with the City; and 22 WHEREAS, the City staff have determined that entering into a 23 Cost Participation Agreement with LMA for the construction of the 24 improvements will be beneficial for the preservation of the safety, 25 health, good order, comfort, convO!nience, and the for peace, 26 welfare of the people of the City of Virginia Beach; and 27 WHEREAS, in the opinion the Council, public City of a 28 necessity exists for the construction of a new roadway in the City 29 to extend Nimmo Parkway (CIP 2-151) eastward from its present 30 eastern terminus to a point approximately nine hundred (900) feet 31 32 33 east of its intersection with Camino Real South adjacent to the Lago Mar subdivision, in order to improve transportation within the City and for other related public purposes for the preservation of 34 the safety, health, peace, good order, comfort, convenience, and 35 for the welfare of the people in the City of Virginia Beach; 36 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 37 VIRGINIA BEACH, VIRGINIA: 38 FIRST: 39 That the City Manager is hereby authorized and directed to 40 execute the Cost Participation Agreement between the City and LMA 41 dated May 24, 2004, a summary of the material terms of which is 42 hereto attached and a copy of which is on file in the Office of the 43 City Attorney. 44 SECOND: 45 That the City Council authorizes the acquisition by purchase 46 or condemnation pursuant to Sections 15.2-1901, et ~., Sections 47 33.1-89, et ~., and Title 25.1 of the Code of Virginia of 1950, 48 as amended, certain real property in fee simple, of all that 49 including temporary and permanent easements and entire tracts upon 50 which such rights of way or easements shall be located, within the 51 limitations and conditions of Section 33.1-91 of the Code of 52 Virginia of 1950, as amended from those parcels that have been 53 assigned the GPINs 2414-65-3077, 2414-74-9408, 2414-84-2716, 2414- 54 75-6105, 2414-74-7564 and 2414-74-8969 on the City's tax maps 2 55 56 57 58 59 (collectively, the "Property"), as specifically depicted on those certain acquisition plats entitled "PLAT SHOWING RIGHT OF WAY TO BE ACQUIRED FOR FERRELL PARKWAY - PHASE VII BY THE CITY OF VIRGINIA BEACH, VIRGINIA FROM W. NICK WRIGHT & WALTER R. WRIGHT," and "PLAT SHOWING RIGHT OF WAY TO BE ACQUIRED FOR FERRELL PARKWAY - PHASE VII 60 BY THE CITY OF VIRGINIA BEACH, VIRGINIA FROM WILLIAM P. BYRUM, ET 61 AL.," both dated August 17, 1990 (collectively, the "Plats"), such 62 Plats being on file in the Engineering Division, Department of 63 Public Works, City of Virginia Beach, Virginia; and 64 THIRD: 65 That the City Manager is hereby authorized to make or cause to 66 be made on behalf of the City of virginia Beach, to the extent that 67 funds are available, a reasonable offer to the owners or persons 68 having an interest in said Property. If refused, the City Attorney 69 is hereby authorized to institute proceedings to condemn said 70 Property. 71 72 73 Adopted by the Council Virginia, on the day of the City of , 2004. Virginia Beach, of CA-9272 OID\nimmores.doc R-2 May 21, 2004 3 APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: \:.~ APPROVED AS TO LEGAL SUF~J¡; fJ/;J&/ City A~torney's Office 4 NIMMO PARKWAY COST PARTICIPATION AGREEMENT SUMMARY OF MATERIAL TERMS Developer: Lago Mar Associates, LLC ("LMA") Subject: Nimmo Parkway extension and water line Construction: . LMA to construct a portion of Nimmo Parkway from existing terminus just east of Upton Drive to a point approximately 900' east of Camino Real South (about halfway between Camino Real and Atwoodtown) and a 12" water line from Upton Drive to Atwoodtown Road. . Roadway will be 2-lane "hybrid" section within an ultimate 4-lane undivided section (Le., curb and gutter on one side, shoulder and ditch on opposite side, with pavement sloped to curb and gutter) so as to facilitate widening to 4 lanes in the future. LMA to also construct bike path. Cost Share: . LMA pays for the cost of constructing a 2-lane "rural" roadway section (Le., gravel shoulder and swales on each side of pavement) between Townfield Lane and a point 900 feet east of Camino Real South; City pays the remaining cost (which includes 100% of bike path, streetlighting and section between Upton and Townfield). . City pays 100% of cost of water line. . LMA will obtain and provide the City with bids for the work, with City's share for the roadway work shown separately on a unit cost basis. The City will then notify LMA whether its consents to the awarding of contracts for the work. Work must commence within 60 days (subject to permitting and force majeure), . Same arrangement re bids applies to water line work, but the City pays 100% of the cost. . City has right to decline to have any work done at all after receiving bids (roadway or water line). In such event: Other: . City pays no penalty (but would have to pay for its share of the cost of certain preliminary studies); . LMA relieved of duty to build roadway and water line, but may build 2-lane rural roadway between Townfield and Camino Real South. . LMA required to complete, or provide surety for, "loop road" within Lago Mar Section 7 connecting to Nimmo Parkway as condition of development. . City to obtain wetlands & other environmental permits for roadway; LMA to do so for work on "loop road." . Customary provisions apply (e.g., insurance, dedication, surety, termination, force majeure, etc.). K. APPOINTMENTS BOARD OF BUILDING CODE APPEALS - (a) PlumbinglMechanical (b) Building Maintenance HEALTH SERVICES BOARD HUMAN RIGHTS COMMISSION OPEN SPACE COMMITTEE SHORE DRIVE ADVISORY COMMITTEE SOCIAL SERVICES BOARD 1. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT