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OCTOBER 11, 2005 MINUTES T CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DlEZEL Kempsville - District 2 ROBERT M DYER, Centerville - District 1 REBA S. McCl.,ANAN, Rose Hall - District 3 RICHARD A. MADDOX, Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER W SCHMlDT, At-Large RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CiTY CLERK - RUTH HODGES SMITH, MMC 11 OCTOBER 2005 I. CITY COUNCIL COMMENTS II. REVIEW OF AGENDA ITEMS III. INFORMAL SESSION Conference Room A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION IV. FORMAL SESSION Council Chamber A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Kevin Milcarek, Pastor Back Bay Christian Assembly CITY HALL BUiLDING 2401 COURTHOUSE DRiVE VIRGINIA BEACH, ViRGiNiA 23456-8005 PHONE:(757) 427-4303 FAX (757) 426-5669 E-MAIL: Ctycncl@vbgov.com 1:30PM 2:00PM 6:00PM 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 October 4,2005 G. AGENDA FOR FORMAL SESSION H. MAYOR'S PRESENTATION 1. VIRGINIA BEACH 9-1-1 EMERGENCY COMMUNICATIONS DIVISION National Accreditation Award Gwen Cowart, Director of Communications & Information Technology I. CONSENT AGENDA J. ORDINANCES/ RESOLUTIONS 1. Ordinance to REVISE 92-166.1 of the City Code re the City's Operating Budget Preparation Process to address real estate revenue. 2. Ordinances to ACCEPT and APPROPRIATE Grant funds from the Department of Homeland Security/Federal Emergency Management Agency (FEMA) to the FY 2005-06 Operating Budget ofthe Fire Department as follows: a. $144,000 re vehicle and air compressors (this Grant requires a 20% match) b. $40,000 re the Citizen Corps Council (CCC) and Community Emergency Response Team (CERT) to continue these volunteer programs for the fourth year 3. Ordinance to TRANSFER $2,000,000 from the FY 2005-06 Capital Improvement Program (CIP) to the FY 2005-06 Schools Operating Fund as follows: Instruction Administration Transportation Operations Food Services $1,451,449 $57,241 $152,460 $238,491 $100,359 ___J I' 4. Ordinance to AUTHORIZE executicln of a Memorandum of Understanding (MOU) with the Patriotic Festival, LLC for activities to be held Memorial Day 2006, including a $400,000 City grant. 5. Ordinance to AUTHORIZE execution of an Addendum to the Memorandum of Understanding (MOU) re the Southeastern Parkway and Greenbelt improvements to the steel bridge, Dominion Boulevard (US, Route 17) and the Oak Grove Connector. 6. Ordinance to AUTHORIZE acquisition of property in fee simple, either by agreement or condemnation, from Williams Holding Corporation and Tallwood L.P. re expansion of the City's landfill. K. PLANNING 1. Application of TWO FARMS, INC. for expansion of a Nonconforming Use to add a master bedroom, laundry area and walk-in closet to the existing structure at 220 43rd Street. (DISTRICT 6 - BEACH) RECOMMENDATION: APPROVAL 2. Application of J. B. and LOIS CAMPBELL for expansion of a Nonconforming Use to raise the roof, enlarge the third floor unfinished attic and add a dormer to the existing structure at 107 53rd Street. (DISTRICT 5 - L YNNHA VEN) RECOMMENDATION: APPROV AL 3. Application of LA VERN MILLER for alteration of a Nonconforminff Use to resubdivide the property to eliminate conditions of "non-conformity" at 3400 North Landing Road. (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: APPROVAL 4. Application of K & SONS, Inc. for Modification of the Indian Lakes Land Use Plan to allow a gasoline station in conjunction with a convenience store at 1196 Indian Lakes Boulevard and Pleasant Valley Road. (DISTRICT 2- KEMPSVILLE) APPLICANT REQUESTS: RECOMMENDATION: DEFERRAL DENIAL 5. Application of CHARLES H. and SANDRA T. DAWSON for a Chanffe of Zoning District Classification from 0-2 Office District to Conditional B-2 Community Business District at 138 South Rosemont Road (DISTRICT 3 - ROSE HALL) (Deferred Indefinitely July 5, 2005 - returned to agenda at the request of Council Lady McClanan) 6. Application of STEVEN KREVER for a Change ofZoninff District Classification from 0-2 Office District to Conditional B-1 Neighborhood Business District re a delicatessen at 3712 South Plaza Trail (DISTRICT 3 ~ ROSE HALL) RECOMMENDATION: APPROVAL 7. Application of KAREN K. GERMAN for a Change ofZoninf! District Classification from B-2 Community Business District to R-20 Residential District re subdivide the property and construct two single family residences at 5608 Parliament Drive. (DISTRICT 2- KEMPSVILLE) RECOMMENDATION: APPROVAL L. APPOINTMENTS BEACHES and WATERWAYS COMMISSION GOVERNANCE COMMITTEE FOR HISTORIC SITES HISTORICAL REVIEW BOARD INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA PERSONNEL BOARD (Alternates) WETLANDS BOARD M. UNFINISHED BUSINESS 1. Ordinance AUTHORIZING the execution of an Agreement re the terms and conditions of a water utility service between the Cities of Virginia Beach and Norfolk with Stephen Alexander Homes, Inc. at Pleasant Grove. (Approved October 4, 2005) (Vice Mayor Jones will sponsor Mr. Joe Sanderlin) N. NEW BUSINESS O. ADJOURNMENT ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: Virginia Relay Center at 1-800-828-1120 *********** Agenda 10/11/05 St www.vbgov.com MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 11 October 2005 Mayor Meyera E. Oberndorf called to order the CITY COUNCIL COMMENTS in the Council Conference Room, City Hall, on Tuesday, October 11,2005, at 1:30 PM, Council Members Present: Harry E, Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None " - '" - CITY COUNCIL COMMENTS 1:30 P.M. ITEM # 54466 Councilman Wood inquired relative status reports concerning the Emergency Response System (ERS). Charles W Meyer, Chief Operating Officer, advised reviewing the DRAFT report which will be distributed to City Council. ITEM # 54467 Council Lady Wilson referenced discussion re a Referendum on Open Space and Transportation during the August 26 and 27, 2005, City Council Retreat, Council Lady Wilson understood information was intended to be brought forward concerning a Referendum. Council Lady Wilson would like to be aware of the citizens' desires. Councilman Villanueva inquired re the last City Council Retreat, when E. Dean Block, Director of Public Works, and Robert J. Scott, Director of Planning, were requested to prioritize the roads. The City Manager noted a Referendum was discussed in great detail and he understood the general consensus was to consider an equivalent to 1 ~ for open space, If2~ cent for trails, If2~ for acquisition plus perhaps up to 5 ~ for roadways from the real estate tax,. (perhaps not lowering the rate as much, rather than going through the process of a Referendum), Councilman Reeve requested City Council's desire concerning the proper planning. The City Council believed there was not adequate time to place a Referendum on the November Ballot but a May Ballot might be considered. In all surveys, the City's roads have appeared to be the most negative aspect. During a Bike and Trailways Committee meeting, the portion of Nimmo Parkway V (from General Booth to the Municipal Center) was to be competed (as originally proposed) in 2006-2007; however, the date is now listed as 2010. The Nimmo section is also tied into two (2) other main projects: Princess Anne Road widening to Dam Neck and Holland Road (4 lane divided). Princess Anne Road a main east-west thoroughfare for Chesapeake has had no changes, as Nimmo was suppose to be completed. Councilman Reeve advised there are road projects in the City which are in dire need and inquired relative a method to internally fund Nimmo Parkway V internally, capturing more of the State funds by allowing the City to manage the project. Referendum is one method to gage the public's sentiment and another method would be a series of Town Hall meetings. Council Lady McC/anan advised the City of Williamsburg has a November Referendum re open space, One of the reasons is the City's recreational programs have been supported as the major recreation centers have been approved on Referendum. The roads are of particular importance. Vice Mayor Jones requested a proposed Referendum be developed re the roads to be included and the amount of funds which would be necessary to dedicate from the personal property tax rate for the debt service. Council Lady Wilson advised once this information is received, the City Council can decide to go forward with a Referendum or utilize the tax levy on real estate, October 11, 2005 - 3 - CITY COUNCIL COMMENTS ITEM # 54467 (Continued) Mayor Oberndorf advised the last major Road Referendum was in November 1986, encompassing $100- MILLION of road projects, The City of Virginia Beach had more road projects under construction than the entire state of Virginia. Mayor Oberndorf advised information relative the funding and prioritization of road projects shall be provided. Separate discussions will be conducted relative a Referendum in Mayor utilizing the tax levy on real estate to fund these projects. ITEM # 54468 Vice Mayor Jones advised usually City Council meets only on the first and second Tuesdays of December. In order to schedule Planning items for December, it is important to determine the December schedule in advance of the Planning Commission meetings, BY CONSENSUS, City Council RESCHEDULED the City Council Sessions for December 2005 and January 2006: December 6, 2005 December 13,2005 December 20, 2005 Planning Planning Informal and Formal Sessions Informal and Formal Sessions Informal and Formal Sessions January January January January 10,2006 17, 2006 24, 2006 31, 2006 Planning Planning Informal and Formal Sessions Workshop Informal and Formal Sessions Informal and Formal Sessions ITEM # 54469 Councilman Villanueva referenced the Annual Legislative Reception on Wednesday, November 9, 2005 (6:30 P.M. to 9:00 P.M.), to be held at the Virginia Beach Convention Center. Those to attend will be the General Assembly Delegation, Virginia Beach City Council and the School Board. Councilman Villanueva requested the City staff develop a list of the different projects as they apply to each General Assembly District, Robert Matthias, Assistant to the City Manager, shall provide information relative the Capital Improvement Program, the 6-year plan for Transportation and whether these projects are funded (1-264 improvement project, Southeastern Parkway Environmental Impact Statement process), open space acquisition and school construction. Mayor Oberndorf advised the General Assembly members might wish to comment whether or not they would support a Referendum. October 11, 2005 -4- CITY CO UNCIL COMMENTS ITEM # 54470 Mayor Oberndorf referenced her excitement that the City has been named one of the First Place Cities for Children, to live and grow up. In 1997, Mayor Oberndorf led a delegation of city workers, youth and citizens to Philadelphia to kick off America's Promise. Closer to home, the Mayor ensured youth have a voice in the Community, through the Mayor's Youth Council. General Colin L. Powell lead the national youth ejji)rt in developing the vision, ideals from America's Promise: "All our Children are Well n. America's Promise addresses five (5) fundamental resource areas that all youth need to insure they have a foundation on which to grow. The areas are: A caring adult, mentor or coach A safe place to grow and learn A healthy start for a healthy future Effective education for marketable skills An opportunity to give back through community service With the support of Dr, William T Greer, Jr" President, the first campus to open its arms and facilities to the City and the children for the scheduling of a massive meeting was Virginia Wesleyan College. Another meeting was conducted at the Chesapeake Convention Center. One of the priorities of the children was transportation. City Council on November 28,2000, ADOPTED: Resolution re the VIRGINIA BEACH YOUTH PLAN as a community guide for addressing the needs of youth and their families. October 11, 2005 - -' - AGE N DA REV IE W S E S S ION 2:05 P.M. ITEM # 54471 Mayor Oberndorf distributed a Resolution to be ADDED to the Agenda: Resolution re Role of "Citizen BRAC Committee" with a sunset clause to January 11,2006. ITEM # 54472 J.1. Ordinance to REVISE 92-166.1 of the City Code re the City's Operating Budget Preparation Process to address real estate revenue. On March 22,2005, City Council adopted an Ordinance that added Section 2-186.1 to the City Code and established a process for the preparation of the City's operating budget, This process involves preparing a base budget funded in part by estimated real estate tax revenue limited to no more than the previous year's amount. However, this Code section does not specifically address real estate revenue resulting from land growth due to rezonings over subdividing property and new construction ("New Development "). Since new development often results in the needfor additional city services, such as waste management and emergency response services, it is appropriate to include any revenue resultingfrom new development as a part of the base budget, Excluding new development revenue ji-om the base budget would limit the City's ability to provide basic services, as the same level of services would be stretched over a larger area. Council Lady McClanan will vote NAY on this item, Councilman Schmidt advised this Ordinance generates additional revenue not from existing homes butJrom the new homes built. With the revenue sharingformula, the schools receive more funds. ITEM # 54473 J. 3 Ordinance to TRANSFER $2,000,000 from the FY 2005- 06 Capital Improvement Program (CIP) to the FY 2005-06 Schools Operating Fund as j<Jllows: Instruction Administration Transportation Operations Food Services $1,451,449 $ 57,241 $ 152,460 $ 238,491 $ 100,359 Vice Mayor Jones expressed concern as the major portion of the funds are from the Ocean Lakes High School. Catheryn Whitesell, Director - Management Services, advised the Virginia Beach School Board wishes to increase their health insurance subsidy to $4,430. Schools cannot utilize Reversionfunds under the Fund Balance Policy, so Schools are temporarily decreasing the funds in the Ocean Lake High project. On November First, these funds will be replaced with Reversion Funding. Therefore, the project itself is not being impacted. October 11, 2005 - 6 - AGE N DA REV 1 E W S E S S ION ITEM # 54474 J.4, Ordinance to AUTHORIZE execution of a Memorandum of Understanding (MOU) with the Patriotic Festival, LLC for activities to be held Memorial Day 2006, including a $400,000 City grant. Councilman Maddox expressed concern re the promoter receiving twenty percent (20%) of all sponsor revenue raised. This appears excessive, James Ricketts, Director - Convention and Visitors Bureau advised the management fee was decreased for all three (3) organizations. The twenty percent (20%) is a lower rate than paidfor raising sponsorship funds and was meant to be an incentive to raise more funds. The Hampton Roads Chamber of Commerce and Whisper Concerts only receive twenty percent (20%) of any funds incrementally raised over the amount these entities raised last year. Therefore, only new sponsorships are encompassed within this amount. The usa of Hampton Roads, Inc. management fee was reduced from $35,000 to $25,000 and therefore, the usa receives 20% of all sponsorships fees. Mr, Rickets denoted the changes in management fees: 2005 2006 Whisper Concerts $67,500 $50,000 Hampton Roads Chamber of Commerce $15,000 $10,000 USO of Hampton Roads $35,000 $25,000 Ira Agricola, Executive Director - Hampton Roads Chamber of Commerce, advised Whisper Concerts and Clear Channel will be the entertainment agencies for the Patriotic Festival. Mr. Ricketts advised the head liner act has been booked at the Amphitheater, This provides a "rain date" and reduces the logistical expenses. There is a "rain date" at the Amphitheater for all three days. Beach Events is also assisting re logistics, Clear Channel will be paid for utilizing the Amphitheater and staffing. Council Members McClanan and Schmidt will vote NAY on this item. Mayor Oberndorf advised military families have expressed great appreciation for this recognition. ITEM # 54475 J. 6. Ordinance to A UTHORIZE acquisition of property infee simple, either by agreement or condemnation, from Williams Holding Corporation and Tallwood L.P. re expansion of the City's landfill Council Lady Wilson DISCLOSED and ABSTAINED Pursuant to Conflict of Interests Act 9 2,2-3115 (E) her husband is a principal in the accountingfirm of Goodman and Company and earns compensation which exceeds $10,000.00 annually. Williams Holding Corporation is a client of Goodman and Company, Council Lady Wilson's husband personally provides services to Williams Holding Corporation. Council Lady Wilson's letter of October 11,2005, is hereby made a part of the record. October 11, 2005 7 AGENDA RE VIE W SESSION ITEM # 54476 BY CONSENSUS, the following shall compose the CONSENT AGENDA: ORDINANCES/RESOLUTIONS J1. Ordinance to REVISE 92-166,1 of the City Code re the City's Operating Budget Preparation Process to address real estate revenue. J2, Ordinances to A CCEPT andAPPROPRIATE Grant funds from the Department of Homeland Security/Federal Emergency Management Agency (FEMA) to the FY 2005- 06 Operating Budget of the jr;'ire Department as follows: a, $144,000 re vehicle and air compressors (this Grant requires a 20% match) b. $40,000 re the Citizen Corps Council (CCC) and Community Emergency Response Team (CERT) to continue these volunteer programs for the fourth year J3. Ordinance to TRANSFER $2,000,000 from the FY 2005- 06 Capital Improvement Program (CIP) to the FY 2005-06 Schools Operating Fund as j()llows: Instruction Administration Transportation Operations Food Services $1,451,449 $ 57,241 $ 152,460 $ 238,491 $ 100,359 J 4. Ordinance to A UTHORIZE execution of a Memorandum of Understanding (MOU) with the Patriotic Festival, LLC for activities to be held Memorial Day 2006, including a $400,000 City grant. J 5. Ordinance to A UTHORIZE execution of an Addendum to the Memorandum of Understanding (MOU) re the Southeastern Parkway and Greenbelt improvements to the steel bridge, Dominion Boulevard (U.s. Route 17) and the Oak Grove Connector. J 6, Ordinance to A UTHORIZE acquisition of property in fee simple, either by agreement or condemnation, from Williams Holding Corporation and Tallwood L.P. re expansion of the City's landfill, Council Lady McClanan will vote a VERBAL NAY on Item J.l (Operating Budget Preparation process) Council Members McClanan and Schmidt will vote a VERBAL NAY on Item J.4. (Patriotic Festival) Council Lady Wilson will ABSTAIN on Item J.6. (Williams Holding Corporation) October 11, 2005 - 8 - AGE N DA REV IE W S E S S ION ITEM # 54477 K1. Application of TWO F A~fS, INC. for expansion of a Nonconforming Use to add a master bedroom, laundry area and walk-in closet to the existing structure at 220 43rd Street, (DISTRICT 6 - BEACH) Mayor Oberndorf inquired whether the North Beach Civic League had commented concerning this application. Karen Lasley, Zoning Administrator, will check and advise during the Formal Session if any correspondence has been received. ITEM # 54478 K2. Application of J. B. and LOIS CAMPBELLfor exvansion of a Nonconforminf! Use to raise the roof, enlarge the third floor unfinished attic and add a dormer to the existing structure at 107 53rd Street. (DISTRICT 5 - LYNNHA VEN) Councilman Wood advised meeting with the applicant, Councilman Wood contacted the North Beach Civic League re their position. William D. Almond, Chair.. North Virginia Beach Civic League, forwarded the correspondence. The Civic League remains concerned about lot coverage and impervious cover by renovation or expansion of non-conforming structures in R5R zoning in their neighborhood, which are not a true hardship as defined by the Code. The Civic League understands the age of this dwelling and applauds the fact the applicant has maintained a potentially historic beach cottage. ITEM # 54479 K4. Application of K & SONS, Inc. for Modification of the Indian Lakes Land Use Plan to allow a gasoline station in conjunction with a convenien ce store at 1196 Indian Lakes Boulevard and Pleasant Valley Road. (DISTRICT 2- KEMPSVILLE) Mayor Oberndorf expressed concern and inquired whether they comply with the criteria offifty-five (55) foot distance between the location of the store and gasoline pumps. Robert Scott, Director of Planning, advised he did not believe this was a particular issue; however, this application is part of the Indian Lakes Plan. When Indian Lakes was approved, only a certain number of service station sites were allowed. This application exceeds that number. This application has been denied twice. Councilman Diezel recommended Deferral. Concerning, the number of service stations allowed in Indian Lakes, there are at least three (3) stations no longer in existence. This application shall be DEFERRED, BY CONSENT, until the City Council Session of November 8, 2005. October 11, 2005 -9- AGE N DA REV IE W S E S S ION ITEM # 54480 K,5. Application of CHARLES H. and SANDRA T. DA WSON for a Chanfle of Zoning District Classification from 0-2 Office District to Conditional B-2 Community Business District at 138 South Rosemont Road (DISTRICT 3 - ROSE HALL) (Deferred Indefinitely July 5, 2005 - returned to agenda at the request of Council Lady McClanan) Council Lady McClanan distributed correspondencefrom Attorney John W Richardson, who represents the applicant, Said letter is hereby made a part of the record. Council Lady McClanan does not support this application. The applicant wishes a place to park his limousines and he has requested to park them under the office building as well as on the adjacent property, The entrance to 1-264 is not an appropriate place to park limousines, The Planning Department concurs. Until Rosemont Road is approved, there is an opportunity for a property owner to improve the property by landscaping and signage. Council Lady McClanan did not view this application as improvement of this property. This application will be discussed during the Formal Session ITEM # 54481 K, 6. Application of STEVEN KREVER for a Change of Zoning District Classification from 0-2 Office District to Conditional B-1 Neighborhood Business District re a delicatessen at 3712 South Plaza Trail (DISTRICT 3 - ROSE HALL) Council Lady McClanan expressed concern as to adequate landscaping. Because of the proximity of homes and a school, Council Lady McClanan requested Attorney David S. Hay, to restrict the hours. The parking lot pavement and driveways are in very poor condition. Council Lady McClanan wished this application be DEFERRED INDEFINITELY to satisfy these pn!ffer changes to the Agreement, This application shall be discussed during Formal Session. ITEM # 54482 K, 7. Application of KAREN K. GERMAN for a Chanfle of Zoning District Classification from B-2 Community Business District to R-20 Residential District re subdividing the property and constructing two sinflle familv residences at 5608 Parliament Drive, (DISTRICT 2- KEMPSVILLE) Mayor Oberndorfwill vote a VERBAL NAY, as she lives within this vicinity. Affordable Housing will be interested in this area and the Light Rail is being contemplated with the terminating station in this vicinity. October 11, 2005 - 10- AGENDA RE VIE W SESSION ITEM # 54483 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: K1. Application of TWO FARMS, INC. for exvansion of a Nonconforming Use to add a master bedroom, laundry area and walk-in closet to the existing structure at 220 43rd Street. (DISTRICT 6 - BEACH) K2. Application of J. B. andLOIS CAMPBELLfor exvansion of a Nonconforming Use to raise the roof, enlarge the third floor unfinished attic and add a dormer to the existing structure at 107 53rd Street, (DISTRICT 5 - LYNNHA VEN) K3. Application of LAVERN MILLER for alteration of a Nonconforming Use to resubdivide the property to eliminate conditions of "non-conformity" at 3400 North Landing Road. (DISTRICT 7 - PRINCESS ANNE) K4. Application of K & SONS, Inc. for Modification of the Indian Lakes Land Use Plan to allow a gasoline station in conjunction with a convenien ce store at 1196 Indian Lakes Boulevard and Pleasant Valley Road. (DISTRICT 2- KEMPSVILLE) K 7, Application of KAREN K. GERMAN for a Change of Zoninf! District Classification from B-2 Community Business District to R-20 Residential District re subdividing the property and constructing two single familv residences at 5608 Parliament Drive. (DISTRICT 2- KEMPSVILLE) Mayor Oberndorf will vote a VERBAL NA Y on Item K 7, (Karen K. German) ITEM # 54484 Vice Mayor Jones referenced his sponsorship of Joe Sanderline under UNFINISHED BUSINESS. Ordinance A UTHORIZING the execution of an Agreement re the terms and conditions of a water utility service between the Cities of Virginia Beach and Norfolk with Stephen Alexander Homes, Inc, at Pleasant Grove. (Approved October 4, 2005)(Vice Mayor Jones will sponsor Mr. Joe Sanderlin) During the City Council Session of October 4, 2005, Vice Mayor Jones repeatedly asked if someone wished to speak concerning execution of the Agreement re water utility service. No one responded. After this item was placed on the Consent Agenda, Vice Mayor Jones believed Mr, Sanderlin thought he was not going to be allowed to speak. Mayor Oberndorf and Councilman Diezel had received numerous concerns relative this item. Mayor Oberndorf advised the lots are very narrow and back up to a chain link fence. This portion of Newtown Road is so narrow, Mayor Oberndorfwould be interested in no parking allowed not only on the Norfolk side, but Virginia Beach as well. October 11, 2005 - II - ITEM # 54485 Mayor Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amendedJor thefollowingpurpose: 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). Evaluation of Council Appointees To Wit: Appointments: Boards and Commissions: Beaches and Waterways Commission Governance Committee for Historic Sites Historical Review Board Investment Partnership Advisory Committee- PPEA Personnel Board (Appointment of Alternates) Wetlands Board PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable jbr ownership by such institution pursuant to Section 2.2-3711 (A)(3). Acquisition/Disposition of Real Estate Beach District Princess Anne District Bayside District L ynnhaven District Centerville District LEGAL MATTERS: Consultation with legal counselor briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requiring the provision of Ie gal advice by counsel pursuant to Section 2.2-3711 (A)(7) , BZA Appeal BRAC Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION (2:20 P.M.). October 11, 2005 - 12- ITEM # 54485 (Continued) Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, RonA, Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None (Closed Session: 2:52 P.M. - 3:00 P.M.) (Dinner: 5:30 P.M. - 5:59 P.M.) Vice Mayor Louis R, Jones DISCLOSED and ABSTAINED Pursuant to Conflict of Interests Act 9 2,2-3115 (E) re discussion and vote on the acquisition of real property located in APZ1 that is under development and encroaches upon Naval Air Station Oceana. Vice Mayor Jones is a member of the board of Directors of Resource Bank and receives more than $10,000 a annually in compensation for serving on the Board. Resource Bank has extended a line of credit to Bishard Development Corporation and Alexander Homes, in partnership to develop property, Bishard Development Corporation owns property in APZ1 that is under development and encroaches upon Naval Air Station Oceana. Vice Mayor Jones wished to disclose this interest and abstain from discussion and vote on this item. Vice Mayor Jones's letter of October 11, 2005, is hereby made a part of the record. Vice Mayor Jones was not in attendance during the discussion of this item in Closed Session. Councilman James L. Wood DISCLOSED and ABSTAINED Pursuant to Conflict of Interests Act 9 2.2- 3115 (E) re discussion and vote on the acquisition of real property located in APZ1 that is under development and encroaches upon Naval Air Station Oceana. Councilman Wood advised his wife is an accountant with the firm of Wall, Einhorn & Chernitzer, P.e., located at 555 Main Street, Suite 1500, Norfolk, Virginia 23510. Councilman Wood's wife personally provides accounting services to an owner of property located in APZ1 that is under development and encroaches upon Naval Air Station Oceana. Councilman Wood wished to disclose this interest and abstain from discussion and vote on this item. Councilman Wood's letter of October 11, 2005, is hereby made a part of the record. Councilman Wood was not in attendance during the discussion of this item in Closed Session. Councilman James L. Wood DISCLOSED Pursuant to Conflict of Interests Act 9 2.2-3115 (G),re the City's response to the Base Realignment and Closure Commission ("BRAC") Final and Approved Recommendations regarding Naval Air Station Oceana. Councilman Wood owns property located in Accident Potential Zone 1, the members ofwhich will be affected by the City's response to the BRAC report. The City Attorney has advised Councilman Wood is able to participate in this discussion fairly, objectively and in the public interest. Councilman Wood's letter of October 11, 2005, is hereby made a part of the record. October 11, 2005 II City e>f Virgi:r1ia Beach LOUIS R. JONES COUNCILMAN - DISTRICT 4 - BAYSIDE PHONE: FAX: (757) 583-0177 (757) 426-5669 October 11, 2005 Mrs. Ruth Hodges Smith, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Dear Mrs. Smith: Re: Abstention Pursuant to Section 2.2-3115(E), Code of Virginia Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(E), Code of Virginia, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the acquisition of real property located in APZ1 that is under development and encroaches upon Naval Air Station Oceana. 2. The nature of my personal interest is that I am a member ofthe Board of Directors of Resource Bank and receive more than $10,000 annually in compensation for serving on the board. Resource Bank is located at 4429 Bonney Road, Virginia Beach, V A 23462. Resource Bank has extended a line of credit to Bishard Development Corporation and Alexander Homes, in partnership, to develop property. Bishard Development Corporation owns property in APZ1 that is under development and encroaches upon Naval Air Station Oceana. 3. I wish to disclose this interest and abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. 1008 WITCH POINT TRAIL, VIRGINIA BEACH, VA 23455-5645 II Mrs. Ruth Hodges Smith -2- Re: Abstention Pursuant to Section 2.2-3115(E), Code of Virginia Thank you for your assistance in this matter. Sincerely, f fJ9:-- Vice Mayor LRJ/RRI October 11, 2005 II City C)f Virgi:rl.ia. Bea.ch JAMES L. WOOD COUNCILMAN - DISTRICT 5 - L YNNHAVEN PHONE: FAX: (757) 340-8411 (757) 340-2082 October 11, 2005 Mrs. Ruth Hodges Smith, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Dear Mrs. Smith: Re: Abstention Pursuant to Section 2.2-3115(E), Code of Virginia Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(E), Code of Virginia, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the acquisition of real property located in APZ1 that is under development and encroaches upon Naval Air Station Oceana. 2. I have a personal interest in this transaction because my wife is an accountant with the firm of Wall, Einhorn & Chernitzer, P.C., which is located at 555 Main Street, Suite 1500, Norfolk, VA 23510. She personally provides accounting services to an owner of property located in APZ1 that is under development and encroaches upon Naval Air Station Oceana. 3. I wish to disclose this interest and abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. 3778 PRINCE ANDREW LANE, VIRGINIA BEACH, VA 23452 Mrs. Ruth Hodges Smith -2- October 11, 2005 Re: Abstention Pursuant to Section 2.2-3115(E), Code of Virginia Thank you for your assistance in this matter. JL W /RRI City <Jf Virgir1ia Beach JAMES L. WOOD COUNCILMAN - DISTRICT 5 - L YNNHAVEN PHONE: FAX: (757) 340-8411 (757) 340-2082 October 11, 2005 Mrs. Ruth Hodges Smith, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Dear Mrs. Smith: Re: Disclosure Pursuant to Section 2.2-3115(G), Code of Virginia Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(G), Code of Virginia, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the City's response to the Base Realignment and Closure Commission ("BRAC") Final and Approved Recommendations regarding Naval Air Station Oceana. 2. I own property that is located in Accident Potential Zone 1. 3. I am a part of a group (property owners in Accident Potential Zone 1) the members of which will be affected by the City's response to the BRAC report. 4. I am able to participate in this discussion fairly, objectively, and in the public interest. Accordingly, I respectfully request that you record this declaration in the official records of City Council. 3778 PRINCE ANDREW LANE, VIRGINIA BEACH, VA 23452 II Mrs. Ruth Hodges Smith -2- October 11,2005 Re: Disclosure Pursuant to Section 2.2-3115(G), Code of Virginia Thank you for your assistance in this matter. JL W /RRI II -13 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL October 11, 2005 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, October 11,2005, at 6:00 P.M. Council Members Present: Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA, Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Reverend Kevin Milcarek, Pastor Back Bay Christian Assembly PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accountingfirm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions, However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge, In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare andfile the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure, Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and ofwhich she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare andjile the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes ths disclosure. Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record. October 11, 2005 II -14 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 54486 Upon motion by Councilman Dyer, seconded by Councilman Reeve, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council, Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None October 11, 2005 II 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 # 54485, page 11, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3711 (A) ofthe 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. October 11, 2005 II - 15 - Item V- F.1. MINUTES ITEM #54487 Upon motion by Councilman Reeve, seconded by Councilman Dyer, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of October 4, 2005. Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 11, 2005 II - 16- Item V-G.1. ADOPT AGENDA FOR FORMAL SESSION ITEM #54488 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION ADDED: Resolution re Role of "Citizen BRAC Committee" (formerly BRAe Task Force) with a sunset clause to Januar.v 11, 2006. October 11, 2005 II - ]7 - Item V-G. 2. ADD-ON ITEM #54489 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADDED to the Consent Agenda: Resolution re Role of "Citizen BRAC Committee" with a sunset clause to January 11, 2006. (This is the new name of the former BRAC Task Force appointed by City Council October 4, 2005) Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 11, 2005 ! ! - 18- Item V-H. MAYOR'S PRESENTATION ITEM #54490 Mayor Oberndorf PRESENTED: NATIONAL ACCREDITATION AND RECOGNITION A WARD to Virginia Beach 9-1-1 Emergency Communications Division The Virginia Beach 9-1-1 Emergency Communications Division (VB 911) of the Department of Communications and Information Technology was awarded accreditation by the Commission on Accreditation for Law Enforcement Agencies on July Thirtieth, becoming the first City Public Safety Communications Center in Virginia to earn CALE4 accreditation, The accreditation was granted at CALEA's annual Summer conference in Boston. Our emergency communications are the first line of response when citizens need Police, Fire and Emergency Medical assistance and the Mayor is thrilled these dedicated women and men have been recognized for their professionalism and for the role they play in saving the lives and property of citizens every day. The Virginia Beach 9-1-1 Emergency Communications Division's voluntary participation in this program required that over 200 nationally and internationally recognized standards had to be met to achieve accredited status. From April 30, 2005 through May 4, 2005, an Assessment Team from the Commission on Accreditation for Law Enforcement Agencies came to Virginia Beach and conducted an audit of VB911 's processes, procedures and policies to verifY compliance. The resulting final report stated "The consensus of the Assessors is that Virginia Beach Emergency Communications represents one of the finest Public Safety Communications Agencies of its size in the country. " Present to accept the award were: Marcy Sims Interim Chief Information Officer Director - Libraries Gwen Cowart Director - Communications and Information Technology Doug Onhaizer Technology Administrator of Communications and Information Technology Bob Nibarger Communications Center Coordinator Angela Anderson Accreditation Manager Jeanette Milirons Supervisor Barbara Garvin Communications Officer Candace 0 'Chalik Communications Officer October 11, 2005 II - 19- Item V-J. ORDINANCES/RESOLUTIONS ITEM # 54491 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION Items 1,2,3,4,5, 6 and 7 (ADDED) of the CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, 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 Council Lady McClanan voted a VERBAL NA Y on Item J.1, (Operating Budget Preparation Process) and Item 4 (Patriotic Festival, LLC) Councilman Schmidt voted a VERBAL NAY on Item J.4 (Patriotic Festival) Council Lady Wilson DISCLOSED and ABSTAINED on Item J. 6 (Williams Holding Corporation) Pursuant to Conflict of Interests Act 9 2.2-3115 (E) her husband is aprincipal in the accountingfirm of Goodman and Company and earns compensation which exceeds $10,000.00 annually. Williams Holding Corporation is a client of Goodman and Company. Council Lady Wilson's husband personally provides services to Williams Holding Corporation. Council Lady Wilson's letter of October 11,2005, is hereby made a part of the record, October 11, 2005 II - 20- Item V-J.1. ORDINANCES/RESOLUTIONS ITEM # 54492 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to REVISE 32-186.1 of the City Code re the City's Operating Budget Preparation Process to address real estate revenue. Voting: 10-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R, Jones, Richard A. Maddox, Mayor Meyera E, Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: None October 11, 2005 II 1 2 3 4 5 AN ORDINANCE TO REVISE SECTION 2- 186.1 OF THE CITY CODE REGARDING THE PROCESS FOR THE PREPARATION OF THE CITY'S OPERATING BUDGET 6 WHEREAS, on March 22, 2005, City Council adopted an 7 ordinance that added Section 2-186.1 to the City Code and 8 limited the amount of real estate tax revenues to be used in 9 establishing a base operating budget; 10 WHEREAS there is a need to specifically address the 11 treatment of real estate tax revenues resulting from new 12 construction and land growth, hereby designated as "new 13 development. " 14 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 That Section 2-186.1 of the City Code be revised as 17 follows: 18 Sec. 2-186.1. Preparation of budget. 19 In the preparation of the City's annual budget, the City 20 Manager shall prepare a "base budget" using, among other sources 21 of revenue, estimated real estate tax revenues, which shall be 22 no more than the previous fiscal year's real estate tax levies, 23 plus real estate revenues resulting from new development. The 24 base budget shall then be supplemented by adding any statutory 25 requirements which must be funded. The City Manager should then 26 propose prioritized, incremental optional items that reflect II 27 propose prioritized, incremental optional items that reflect 28 increased costs of existing services, higher levels of programs 29 and services, or new initiatives; provided, however, that each 30 adjustment, service level, or new initiative shall clearly 31 delineate the additional programs or services to be provided, 32 the associated cost, recommended funding source and the required 33 increased incremental real estate tax rate, if required, to fund 34 each item. 35 Adopted by the Council of the City of Virginia Beach, 36 Virginia, on this 11 day of October , 2005. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: iJ~~~ Management Services ...... ~: A1J./lIU C. t .~/A/\ Ci ty Attorney's Of ce - CA9765 H:\PA\GG\OrdRes\Proposed\Budget Process 2-186.1 ORD R-2 September 29, 2005 ! ! - 2/ - Item V-J.2. ORDINANCES/RESOLUTIONS ITEM # 54493 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinances to ACCEPT and APPROPRIATE Grantfundsfrom the Department of Homeland Security/Federal Emergency Management Agency (FEMA) to the FY 2005-06 Operating Budget of the Fire Department as follows: a. $144,000 re vehicle and air compressors (this Grant requires a 20% match) b. $40,000 re the Citizen Corps Council (CCC) and Community Emergency Response Team (CERT) to continue these volunteer programs for the fourth year Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 11, 2005 II 1 2 3 4 5 AN ORDINANCE TO ACCEPT AND APPROPRIATE $144,000 FROM THE DEPARTMENT OF HOMELAND SECURITY TO THE FY 2005-06 OPERATING BUDGET OF THE FIRE DEPARTMENT TO PURCHASE A VEHICLE A~D AIR COMPRESSORS 6 WHEREAS, the Fire Department has identified $36,000 in Fire 7 Programs Funds already appropriated in the FY 2005-2006 8 Operating Budget to serve as a match for this grant. 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 10 OF VIRGINIA BEACH, VIRGINIA: 11 1) That $144,000 in additional federal revenue lS hereby 12 accepted from the Department of Homeland Security and 13 appropriated to the FY 2005-06 Operating Budget of the Fire 14 Department to purchase a vehicle and purchase and install air 15 compressor systems, with estimated revenue from the federal 16 government increased accordingly. 17 Accepted by the Council of the City of Virginia Beach, 18 Virginia on the 11 th day of October , 2005. Approved as to Content Approved as to Legal Sufficiency Management ,,-tf~J EJ ~ City AttorneY'sffice B~Q. CA9762 H:\PA\GG\OrdRes\Fire Act Program Grant ORD R-2 September 28, 2005 ~~. 1 2 3 4 5 6 7 8 9 ft.. 10 11 12 13 14 15 \~ ~ II AN ORDINANCE TO ACCEPT AND APPROPRIATE $40,000 FROM THE DEPARTMENT OF HOMELAND SECURITY TO THE FY 2005-06 OPERATING BUDGET OF THE FIRE DEPARTMENT FOR THE CITIZEN CORPS COUNCIL BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1) That $40,000 in additional federal revenue is hereby accepted of Security and from Department Homeland the appropriated to the FY 2005-06 Operating Budget of the Fire Department to cover costs associated with the Citizen Corps Council. 2) That estimated revenue from the Federal Government in the FY 2005-06 operating budget is increased by $40,000. Accepted by the Council of the City of Virginia Beach, 16 11 th day of oc~ober; 2005. Virginia on the Approved as to Content Approved as to Legal Sufficiency B~~_ Management b;w cf 1i~ City Attorney's ffice CA9763 H:\PA\GG\OrdRes\Citizens R-3 September 29, 2005 Corp Grant ORD II - 22- Item V-I.3. ORDINANCES/RESOLUTIONS ITEM # 54494 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to TRANSFER $2,000,000 from the FY 2005-06 Capital Improvement Program (CIP) to the FY 2005-06 Schools Operating Fund as follows: Instruction Administration Transportation Operations Food Services $1,451,449 $ 57,241 $ 152,460 $ 238,491 $ 100,359 Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None October 11, 2005 II 1 2 3 4 5 6 7 8 9 AN ORDINANCE TO TRANSFER $2,000,000 FROM THE FY 2005 - 06 CAPITAL IMPROVEMENT PROGRAM TO THE FY 2005- 06 SCHOOLS OPERATING FUND AND SCHOOLS CAFETERIA FUND TO INCREASE HEALTH INSURANCE PREMIUM SUBSIDIES FOR EMPLOYEES WHEREAS, by resolution dated October 4, 2005, the School Board 10 formally requested the City Council to transfer local revenue from 11 the FY 2005-06 Capital Improvement Program to the FY 2005-06 School 12 Operating Fund and the FY 2005-06 School Cafeteria Fund in order to 13 increase the employer paid health insurance premium subsidies for 14 School employees, effective January I, 2006. 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 1. That $2,000,000 is hereby transferred to the Operating 18 Budget from CIP proj ect # 1- 020, "Ocean Lakes High School Addi tiontt 19 and CIP revenue from the Operating Budget is reduced accordingly. 20 2. That local revenue to the FY 2005-06 School Operating Budget 21 is hereby increased by $1,899,641 and categorical appropriations are 22 increased as set forth below: 23 ( a) The Instruction category is increased by 24 $1,451,449; 25 (b) The Administration, Attendance and Health 26 category lS increased by $57,241; 27 (c) The Pupil Transportation category is increased by 28 $152,460; II 29 (d) The Operations and Maintenance category is 30 increased by $238,491; 31 3. That appropriations to the FY 2005-06 School Cafeteria Fund 32 are hereby increased by $100,359, and local revenue is increased 33 accordingly. 34 Adopted by the Council of the City of Virginia Beach, Virginia 35 on the 11 th day of October , 2005. APPROVED AS TO CONTENT: ~(\~Q.~ Management serVices' . APPROVED AS TO LEGAL SUFFICIENCY: - ,,1f1J (]U t /( 4ri1A.A City Attorney's ffice CA9770 H:\GG\PA\OrdRes\Schools Health Insurance Ord R-2 September 29, 2005 II - 23- Item V-J.4. ORDINANCES/RESOLUTIONS ITEM # 54495 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AUTHORIZE execution of a Memorandum of Understanding (MOU) with the Patriotic Festival, LLC for activities to be held Memorial Day 2006, including a $400,000 City grant. Voting: 9-2 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McC/anan and Peter W. Schmidt Council Members Absent: None October 11, 2005 II 1 2 3 4 5 6 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE PATRIOTIC FESTIVAL, LLC WHEREAS, the City Council adopted an ordinance in 2004 7 authorizing the City of Virginia Beach ("City") to enter into a 8 Memorandum of Understanding ("MOU" ) with the USO of Hampton 9 Roads, Inc. and appropriating six hundred thousand dollars 10 ($600,000) to bring the First Annual Patriotic Salute and 11 Celebration to fruition on Memorial Day weekend 2005; 12 WHEREAS, the event raised approximately eight hundred and 13 fifty thousand dollars ($850,000), which covered nearly seventy 14 percent (70%) of the operating expenses of the event; 15 WHEREAS, the City again wishes to express its wholehearted 16 support and sincere appreciation and admiration for our nation's 17 military for their bravery in protecting America's freedoms; 18 WHEREAS, in furtherance of that objective, the City desires 19 to facilitate an event to honor the military by providing 20 festive activities and musical entertainment over the three-day 21 Memorial Day weekend in 2006, to be known as the Second Annual 22 Patriotic Salute and Celebration ("Event"); 23 WHEREAS, City Council appropriated funding in the FY 2005- 24 06 Convention and Visitors Bureau budget in the amount of six 25 hundred thousand dollars ($600,000) to fund the Event and 26 established in the FY 2005-06 Reserve for Contingency funding to 27 address potential public safety, traffic management and parking 28 issues associated with the Event; II 29 WHEREAS, the Patriotic Festival, LLC is a Virginia limited 30 liability company with 501 (c) (3) status that was organized to 31 further the charitable purposes of its sole member, USO of 32 Hampton Roads, Inc.; and 33 WHEREAS, the City and the Patriotic Festival, LLC have 34 agreed to terms and conditions describing each party's 35 responsibilities, as set forth in the MOU. 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 37 OF VIRGINIA BEACH: 38 That the City Manager is hereby authorized and directed to 39 execute a Memorandum of Understanding between the City and the 40 patriotic Festival, LLC for the production of the Second Annual 41 Patriotic Salute and Celebration. 42 43 Adopted by the Council of the City of Virginia Beach, 44 Virginia on the 11th day of Octohpr , 2005. 45 ~ Approved as to Legal Sufficiency: ~. f. {L.,ffi City Attorney's f ice CA9756 October 5, 2005 R-6 2 II MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF VIRGINIA BEACH AND PATRIOTIC FESTIVAL, LLC SUMMARY OF TERMS Purpose: In honor of the military community, the City desires to provide a grant to facilitate a three-day celebration for the military on Memorial Day weekend 2006, to be known as the Second Annual Patriotic Salute and Celebration ("Event"). Parties: City of Virginia Beach ("City") Patriotic Festival, LLC ("Event Sponsor") Term: Commencing on date of execution of Memorandum of Understanding ("MOU") for the Memorial Day weekend 2006 Event Responsibilities and Rights of the City: . Provide a $400,000 grant to the Event Sponsor for procuring and producing entertainment in connection with the Event ("allowable expenses"). . Coordinate the provision of normal base level City services such as police and paramedic services, trash removal, and the maintenance of public areas. . For Event activities held at the oceanfront, the City will employ and provide logistical support for bus-shuttle operations and provide satellite parking and shall collect and retain revenues from parking and shuttle operations. . City shall make installment payments totaling four hundred thousand dollars ($400,000) from the Entertainment Funding Grant for allowable expenses. Payments shall not be paid to the Event Sponsor, but shall be paid directly to the performing artists, their designated payees, or such other payees as may be mutually agreed upon by the City and the Event Sponsor. . City shall have the right to audit all books and records of Event Sponsor relating to the MOU. Responsibilities of Event Sponsor: . Organize, plan, initiate, promote, conduct or otherwise provide managerial, operational, and logistical support for the Event including, site preparation; stage construction and breakdown; providing stage security; setting up and removing lighting and sound systems; providing generators for electrical power in connection to operating the stage, sound systems, and lighting systems; and providing marketing and promotional activities. . Secure all necessary permits required by federal, state or local statutes, ordinances and regulations, including special event permits. . Secure liability and event interruption/cancellation insurance. . Procure, negotiate and book the entertainment, subject to the prior approval of the City. . Produce, distribute, and collect tickets sold in connection with the Event. . Event Sponsor shall raise a minimum of two hundred and thirty-five thousand dollars ($235,000) in private-sector sponsorship solicitations to be used in direct support of the Event ("Private Sponsor Revenue"). . Event Sponsor shall receive a management fee of twenty-five thousand dollars ($25,000), plus twenty percent (20%) of previous sponsor revenue it collects and twenty percent (20%) of new sponsor revenue it collects. The management fee shall be paid out of either II the Private Sponsor Revenue or, if mutually agreed upon between the parties, out of the $400,000 grant. . As allowable expenses are incurred, the Event Sponsor shall: (i) submit an invoice to the Administrative Services Office of CVB fifteen (15) days in advance of each payment due date; and (ii) provide to the CVB contracts, letters of intent, or other reasonable documentation acceptable to the CVB, evidencing the allowable expenses. . Event Sponsor shall maintain books and records for the duration of the MOU and for at least three years following the completion of the MOU. . Event Sponsor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification/consideration reasonably necessary to the normal operation of the Event Sponsor. Other Entities . Event Sponsor has entered into a contract with Whisper Entertainment Consultants, Inc. ("Whisper") to book entertainment for the Event. Whisper may receive an entertainment promotion fee of $50,000, plus fees not to exclude twenty percent (20%) of new sponsor revenue it collects, and twenty percent (20%) of so much of the previous sponsor revenue it collects from a sponsor that exceeds the amount contributed by such sponsor for the First Annual Patriotic Salute and Celebration. The entertainment promotion fee shall be paid out of either the Private Sponsor Revenue or, if mutually agreed upon between the parties, out of the $400,000 grant. . The Hampton Roads Chamber of Commerce may solicit private sector sponsorship to be used in direct support of the Event. In return, the Chamber may receive fees not to exceed $10,000, plus twenty percent (20%) of new sponsor revenue it collects, and twenty percent (20%) of so much of the previous sponsor revenue it collects from a sponsor that exceeds the amount contributed by such sponsor for the First Annual Patriotic Salute and Celebration. The Chamber's fees shall be paid out of either the Private Sponsor Revenue or, if mutually agreed upon between the parties, out of the $400,000 grant. 2 II MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") made and entered into this _ day of , 2005, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("City") and the PATRIOTIC FESTIVAL, LLC, a Virginia limited liability corporation ("Event Sponsor") (collectively, "parties"). RECITALS A. The City expresses its wholehearted support and sincere appreciation and admiration for our nation's military for their bravery in protecting America's freedoms. B. In honor of our military community, the City will provide certain grants and other support to the Event Sponsor to provide a three-day celebration for the military on Memorial Day Weekend 2006, to be known as the Second Annual Patriotic Salute and Celebration ("Event"). C. The City and Event Sponsor wish to assure the success of the Event by memorializing their respective responsibilities and obligations. AGREEMENT The parties to this MOU, for and in consideration of the mutual efforts to promote and support the Event, agree as follows: Section 1 - Term This MOU shall be in effect from the date stated above. This MOU may be renewed by the parties for an additional one-year term with the formal approval of City Council. Section 2 - Event Sponsor Obligations 1. Management and Logistical Support/Permits/Insurance - The Event Sponsor shall organize, plan, initiate, promote, conduct or otherwise provide managerial, operational, and logistical support for the Event including, but not limited to, site preparation; stage construction and breakdown; providing stage security; setting up and removing lighting and sound systems; providing generators for electrical power in connection to operating the stage, sound systems, and lighting systems; and providing marketing and promotional activities. The Event Sponsor shall secure all necessary permits required by federal, state or local statutes, ordinances and regulations now in effect or hereafter adopted, to conduct the Event, including special event permits. The Event Sponsor 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, the premiums for which shall be an expense of the Event. II 2. Book Entertainment - The Event Sponsor shall procure, negotiate and book the entertainment subject to the following provisions: a. Headliner Act/USO ShOYv/Secondary Act - At least one entertainment act shall be booked for each day of the Event. At a minimum, the Event shall include: i) a Headliner act; ii) a USO show; and iii) a Secondary act. The Event Sponsor shall ensure that the Headliner act, the USO show, and the Secondary act perform on different days of the Event. The Headliner act shall perform at the Verizon Wireless Virginia Beach Amphitheater and shall: i) attract a broad and diverse audience; ii) have had a single and/or album on an industry recognized "top 100 list" within the last two years; and iii) within the past two years, have a history of attracting a minimum of ten thousand (10,000) attendees per show and gross sales of three hundred thousand dollars ($300,000) per show. The USO show shall be a USO-style variety show with acts similar to those performing in usn shows for military bases throughout the world. All such acts shall have national recognition. A Secondary act with national recognition shall be booked for the Event. b. City Approval-The Headliner act, the USO show, and the Secondary act shall require the prior approval of the City, which approval shall be based on the overall drawing power, national name and entertainment industry recognition, programming diversity, musical format, and marketability of the act or performer. c. Programming Diversity - Scheduled programming should appeal to a wide array of various cultural interests. 3. Ticket Sales - The Event Sponsor shall be responsible for producing, distributing, and collecting tickets sold in connection with the Event. The number of free or complimentary tickets for the Event shall be no more than five thousand (5,000) for each day of the Event. The five thousand (5,000) free or complimentary tickets distributed for the Headliner act at the Verizon Wireless Virginia Beach Amphitheater shall be for lawn seats. Complimentary tickets will only be distributed to military personnel and their immediate families, as well as sponsors, media, and designated officials mutually agreed upon by the City and Event Sponsor. 4. Solicit Sponsorship - The Event Sponsor shall raise a minimum of two hundred and thirty-five thousand dollars ($235,000) in private-sector sponsorship s~licitations to be used in direct support of the Event ("Private Sponsor Revenue"). The Event Sponsor shall provide supporting documentation to the 2 II City of private-sector sponsorships in the amount of one hundred thousand dollars ($100,000) no later than March 1, 2006. Additionally, the Event Sponsor shall provide supporting documentation to the City of private-sector sponsorships in the amount of two hundred and thirty-five thousand dollars ($235,000) no later than May 1,2006. 5. Management Fee - For purposes of this section, "Previous Sponsor Revenue" is defined as the dollar amount of sponsorship revenue collected from an individual or organization that contributed to the First Annual Patriotic Salute and Celebration ("First Festival"). "New Sponsor Revenue" shall denote: i) the total dollar amount of sponsorship revenue collected from an individual or organization that did not contribute to the :First Festival; or ii) revenue collected from an individual or organization that contributed to the First Festival, to the extent that the dollar amount of the contribution to the Second Annual Patriotic Salute and Celebration exceeds the dollar amount of that sponsor's contribution to the First Festival. a. The Event Sponsor shall receive a management fee of twenty-five thousand dollars ($25,000), plus twenty percent (20%) of Previous Sponsor Revenue it collects and twenty percent (20%) of New Sponsor Revenue it collects (the "Management Fee"). The Management fee shall be paid out of the Private Sponsor Revenue or, if mutually agreed upon by the City and the Event Sponsor, out of the Entertainment Funding Grant. The Management Fee shall be used by Event Sponsor for payment of reasonable, ordinary and necessary expenses incurred by the Event Sponsor in the administration and execution of its obligations set forth in this MOU, including, but not be limited to, the following expenses: 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, and uniforms, lodging, meals and other miscellaneous expenses for Event Sponsor's on-site staff during the Event. The Management Fee is exclusive of vendor fees, entertainment promotion fees, entertainer fees, other military-appreciation event expenses, including recognition receptions, hospitality gifts, and lodging and transportation for honorees or guests of the Event, fees for a media coordination room, a military liaison room, two event coordinator rooms and sponsor hospitality rooms, which are to be treated as Event expenses, and any other expenses mutually agreed upon by the City and the Event Sponsor. b. In addition to the Management Fee paid to Event Sponsor: 1. Whisper Entertainment Consultants, Inc. ("Whisper") may receive an entertainment promotion fee of fifty thousand dollars ($50,000), plus fees not to exceed twenty percent (20%) of New Sponsor Revenue it collects, and twenty percent (20%) of so much of the Previous Sponsor Revenue it collects from a sponsor that exceeds 3 II the amount contributed by such sponsor for the First Festival. Any entertainment promotion fees paid to Whisper shall be paid out of the Private Sponsor Revenue or, if mutually agreed upon by the City and the Event Sponsor, out of the Entertainment Funding Grant. 2. The Hampton Roads Chamber of Commerce ("Chamber") may receive fees not to exceed ten thousand dollars ($10,000), plus twenty percent (20%) of New Sponsor Revenue it collects, and twenty percent (20%) of so much of the Previous Sponsor Revenue it collects from a sponsor that exceeds the amount contributed by such sponsor for the First Festival. Any fees paid to the Chamber shall be paid out of the Private Sponsor Revenue or, if mutually agreed upon by the City and the Event Sponsor, out of the Entertainment Funding Grant. 6. Repayment of Grant and Other Services Provided - If the Event produces a net operating income surplus (i.e., funds after payment of Event expenses and Management Fee), such proceeds shall then be applied to repay the City for the Entertainment Funding Grant. If any funds remain thereafter, they shall be paid to the City to be designated first to recover any losses incurred from the satellite parking operations and costs associated with the provision of City services above the base service level as set forth in Section 3 and secondly, as a reserve to be used as 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 have no obligation to pay the loss or reimburse the City for the Entertainment Funding errant except as provided in the terms set forth in Section 10 below. 7. Security Measures in Lieu of Pe)'formance Bond - Based upon the representation to the City from the Event Sponsor that Event Sponsor is unable to obtain a performance bond in the amount of four hundred thousand dollars ($400,000), the parties hereby covenant and agree to accept the following as substitution for the performance bond: a. Pursuant to the procedures set forth in Section 4, the City shall make installment payments totaling four hundred thousand dollars ($400,000) for expenses associated with procuring and producing entertainment in connection with the Event ("Allowable Expenses"), not to the Event Sponsor, but directly to the performing artists, their designated payees, or such other payees as may be mutually agreed upon by the City and the Event Sponsor. b, All ticket sale revenues due to the City, Event Sponsor, or Whisper from Ticketmaster relating to the Event shall flow directly or be paid directly from Ticketmaster into a second bank account of the Event Sponsor, 4 II separate and apart from the operating bank account of the Event Sponsor ("Ticket Sales Event Account"). Event Sponsor represents and warrants that the Ticket Sales Event Account will be opened and formatted to require that no funds can be withdrawn, removed, transferred, or drafted without prior receipt by the Bank of express written signature authorization from the City or its authorized representative. Event Sponsor further represents and warrants that it will not have electronic access to the Ticket Sales Event Account. All transactions involving the Ticket Sales Event Account shall be consistent with the MOU. c. The parties recognize that in the ordinary course of business, the Ticketmaster ticket sales revenues for the Event are subject to chargebacks. The parties agree that such chargebacks will be paid as an expense of the Event from the Ticket Sales Event Account; provided, however, that only those chargebacks that are consistent in all respects with Ticketmaster's contracts with Whisper and/or Clear Channel Communications, Inc. ("Clear Channel") and do not result from or arise out of the fault, negligence, or wrongful act or omission of Whisper or Clear Channel shall be payable as an expense of the Event. d. The Event Sponsor designates John Gentile and Karen Licari as its authorized representative for purposes of bank draft signing authority and all other purposes necessitated by this MOU. The City designates James B. Ricketts and Mike Eason as its authorized representative for purpose of bank draft signing authority and all other purposes necessitated by this MOU. Section 3 - City Obligations 1. Entertainment Funding Grant - The City will provide a four hundred thousand dollar ($400,000) grant to the Event Sponsor for procuring and producing entertainment in connection with the Event ("Entertainment Funding Grant"). 2. City Service Coordination - At the City's cost, the City shall coordinate the provision of normal base level City services such as police and paramedic services, trash removal, and the maintenance of public areas, or other equipment, which the City currently owns or maintains, for the Event. For Event activities held at the oceanfront, the City will employ and provide logistical support for all bus-shuttle operations and provide satellite parking and shall collect and retain all revenues from parking and shuttle operations. Section 4 - Payment Schedule 1. The City shall make installment payments totaling four hundred thousand dollars ($400,000) from the Entertainment Funding Grant for Allowable Expenses. 5, II 2. Since Event Sponsor is unable to secure a performance bond, the City shall make payments of Allowable Expenses not to the Event Sponsor, but directly to the performing artists, their designated payees, or such other payees as may be mutually agreed upon by the City and the Event Sponsor, pursuant to the procedure set forth below: i) As Allowable Expenses are incurred and become due, the Event Sponsor shall: (i) submit an invoice to the Administrative Services Office of the Convention and Visitors Bureau ("CVB") fifteen (15) days in advance of each payment due date; and (ii) provide to the CVB contracts, letters of intent, or other reasonable documentation, acceptable to the CVB, evidencing the Allowable Expenses ("supporting documentation"). ii) Upon receipt of invoices and supporting documentation, the City shall determine whether the invoice is for an Allowable Expenses. The City shall pay invoices for Allowable Expenses directly to the performing artists, their designated payees, or such other payees as may be mutually agreed upon by the City and the Event Sponsor, up to a total of four hundred thousand dollars ($400,000). 3. The City may delay payment of any invoice until the City is reasonably satisfied that the Event Sponsor is meeting the obligations under this MOU. The Event Sponsor shall automatically be deemed to have met its obligation to raise money from private-sector sponsorships if it raises one hundred thousand dollars ($100,000) by March 1, 2006 and a total of two hundred and thirty-five thousand dollars ($235,000) by May 1, 2006. Should the City, in its sole but reasonable discretion, determine that the Event Sponsor is not meeting its obligations under this MOU, the City may declare the Event Sponsor to be in default and terminate this MOU within thirty (30) days after written notice to Event Sponsor. Section 5 - Recordkeeping/Audit Requirement The City shall have the right to audit all books and records (in whatever form they may be kept, whether written, electronic, or other) relating or pertaining to this MOD (including any and all documents and other materials, in whatever form they may be kept, which support or underlie those books and records), kept by or under the control of the Event Sponsor, including, but not limited to those kept by the Event Sponsor, its employees, assigns, successors and subcontractors. The Event Sponsor shall maintain such books and records, together with such supporting or underlying documents and materials, for the duration of this MOU and for at least three years following the completion of this MOU, including any and all renewals thereof. The books and records, together with the supporting or underlying documents and materials, shall be made available, upon request, to the City through its employees, agents, representatives, contractors or other designees, during normal business hours at the Event Sponsor's office or place of business in Virginia Beach, Virginia. In the event that no such location is available, then the books and records, together with the supporting or underlying documents and records, shall be made available for audit at a time and location in Virginia Beach, Virginia, which is 6 convenient for the City. This paragraph shall not be construed to limit, revoke, or abridge any other rights, powers or obligations relating to audit which the City may have by State, City or Federal statute, ordinance, regulation or agreement, whether those rights, powers, or obligations are express or implied. Section 6 - Non-Assignment The Event Sponsor may not assign its rights and obligations under this MOU without the prior written consent of the City, which shall not be unreasonably withheld. Section 7 - Applicable lawNenue 1. Applicable Law - This MOU shall be deemed to be a Virginia contract and shall be governed as to all matters whether of validity, interpretations, obligations, performance or otherwise exclusively by the laws of the Commonwealth of Virginia, and all questions arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted, this MOU shall be deemed to have been delivered and accepted by the parties in the Commonwealth of Virginia. 2. Venue - Any and all suits for any claims or for any and every breach or dispute arising out of this MOU shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach. Section 8 - Nondiscrimination/Drug-Free Workplace Employment discrimination by the Event Sponsor shall be prohibited. During the performance of this MOU, the Event Sponsor agrees as follows: 1. The Event Sponsor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification/consideration reasonably necessary to the normal operation of the Event Sponsor. The Event Sponsor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the nondiscrimination clause. 2. The Event Sponsor in all solicitations or advertisements for employees placed by or on behalf of the Event Sponsor will state the Event Sponsor is an equal opportunity employer 3. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulations shall be deemed sufficient for the purpose of meeting the requirements of this paragraph. 7 II 4. During the performance of this MOU, the Event Sponsor agrees to provide a drug-free workplace for the Event Sponsor's employees. Section 9 - Notice Any notice or notices required or permitted to be given pursuant to this MOU shall be given by certified mail, postage prepaid, return receipt requested as follows: To the City: City of Virginia Beach Attn: James B. Ricketts, Director Convention and Visitors Bureau 2101 Parks Avenue, Suite 500 Virginia Beach, Virginia 23451 To the Event Sponsor: Patriotic Festival, LLC Attn: John Gentile, President P. O. Box 7250 Hampton, Virginia 23666 Section 10 - Termination/Cancellation 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 this MOD, the City shall have the right to terminate this MOD. In the event of such termination, this Event Sponsor shall cease all activities associated with the Event and shall reimburse the City for all installments of the Entertainment Funding Grant paid by the City. This provision shall not apply to acts of nature or any other events beyond the Event Sponsor's control, such as unforeseen acts deemed force majeure. Section 11 - Independent Contractors In performance of this MOD, both the City and the Event Sponsor will be acting in an individual capacity and not as agents, employees, partners or joint venturers or associates of one another. The agents or employees or the one shall not be construed to be agents or employees of the other. The City shall have no liability with respect to any financial obligations incurred by the Event Sponsor. Section 12 - Non-Appropriation It is understood and agreed between the parties hereto that the City shall be bound and obligated hereunder only to the extent that the funds shall have been appropriated and budgeted for the purpose of this MOD. This MOU shall be null and void and of no effect in the event funds are not appropriated and budgeted for payments due under this MOU. Section 13 - Entire Agreement 8 II The parties agree that this writing constitutes the entire agreement of the parties and that there may be no modification of this MOU, except in writing, executed by the authorized representatives of the City and the Event Sponsor. As evidence of their agreement to the terms and conditions set forth herein, the parties affix their authorized signatures hereto: PATRIOTIC FESTIVAL, LLC CITY OF VIRGINIA BEACH By: USO Of Hampton Roads, Inc. Its sole member, By: City Manager/Authorized Designee By: John A. Gentile, President Approved as to Content: Approved as to Legal Sufficiency: Convention and Visitors Bureau ~ ( K'tr? City Attorney's Office 9 II - 24- Item V-J. 5. ORDINANCES/RESOLUTIONS ITEM # 54496 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to A UTHORIZE execution of an Addendum to the Memorandum of Understanding (N/OU) re the Southeastern Parkway and Greenbelt improvements to the steel bridge, Dominion Boulevard (US. Route 17) and the Oak Grove Connector. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 11, 2005 II 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE APPROVING AN ADDENDUM TO THE MEMORANDUM OF UNDERSTANDING RELATING TO SUPPORT FOR THE PHYSICAL IMPROVEMENTS TO THE SOUTHEASTERN PARKWAY AND GREENBELT, AND AUTHORI ZING THE EXECUTION OF THE ADDENDUM WHEREAS, the Southeastern Parkway and Greenbelt 1S of 11 critical importance to the cities of Virginia Beach and 12 Chesapeake, as well as to the entire Hampton Roads region; and 13 WHEREAS, the Draft Environmental Impact Statement for the 14 Southeastern Parkway and Greenbelt has been prepared, and public 15 hearings were held on July 11 and July 13; and 16 WHEREAS, there has been a considerable investment of 17 taxpayer money in the project since the late 1980s; and 18 WHEREAS, in a letter to the Mayors of Virginia Beach and 19 Chesapeake dated May 23, 2005, the Commonwealth Transportation 20 Commissioner (the "Commissioner") expressed the view that it is 21 critical that both cities reaffirm their commitment to both the 22 Southeastern Parkway and Greenbelt Project and the Dominion 23 Boulevard Project in clear and straightforward terms; and 24 WHEREAS, the City Council desires to reaffirm its 25 commitment to both projects in the terms suggested by the 26 Commissioner; 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: II 29 1. That the City Council hereby expresses its commitment to 30 the following financing mechanisms for the construction of the 31 Southeastern Parkway and Greenbelt and Dominion Boulevard" as 32 detailed in the attached Addendum: 33 1. A system of tolling or other financing mechanisms that 34 achieves the recovery of funding necessary to 35 construct the physical improvements associated with 36 Dominion Boulevard (Route 17 South) and the Southeast 37 Parkway and Greenbelt from traffic utilizing the new, 38 improved, or expanded roadways (clarifying that tolls 39 associated with the Oak Grove Connector would apply 40 only to traffic accessing the Oak Grove Connector to 41 or from the Southeast Parkway and Greenbelt); and 42 2 . A single and exclusive revenue and financing study 43 encompassing the limits of both Dominion Boulevard and 44 the Southeast Parkway and Greenbelt, treating the 45 projects as a single project for the purpose of 46 financing; and 47 3 . The amendment adopted and approved in the minutes of 48 the August 20, 2003 MPO meeting stating that "if SP&G 49 does not go forward, the $520 million in NHS/RSTP 50 funds, including the $100 million for the Dominion " L. II 51 Boulevard Bridge, will go back into regional "MPO" pot 52 for re-allocation."; and 53 2 . The City Manager is hereby authorized to execute the 54 Addendum and to do all things necessary for its implementation. 55 A copy of the Addendum, underlining the aforereferenced changes, 56 is attached hereto. 57 Adopted by the Council of the City of Virginia Beach, 58 Virginia, on the 11th day of OC'tober , 2005. CA-9772 H://PA/GG/ordres/sepgmou R-1 October 6, 2005 APPROVED AS TO LEGAL SUFFICIENCY: Z~~ City Attorney' Office 3 II ADDENDUM TO MEMORANDUM OF UNDERSTANDING PREVIOUSLY APPROVED BY THE COUNCIL OF THE CITY OF CHESAPEAKE ON OCTOBER 9,2001, AND THE COUNCIL OF THE CITY OF VIRGINIA BEACH ON SEPTEMBER 25,2001, RELATING TO SUPPORT FOR THE IDENTIFIED TRANSPORTATION NETWORK, INCLUDING THE SOUTHEASTERN PARKWAY AND GREENBELT, ROUTE 104/17 CORRIDOR, IMPROVEMENTS TO THE STEEL BRIDGE AND THE OAK GROVE CONNECTOR. As authorized by motion adopted by the Chesapeake City Council on May 24, 2005, and by adopted by the Council of the City of Virginia Beach on ,2005, the referenced Memorandum of Understanding is hereby amended in Section 1.B.3. as follows: 3. Oak Grove Connector: In constructing the Oak Grove Connector (OGC), the City of Chesapeake committed $40 million in local revenue and state allocations to the City to fund this project. In recognition of its financial investment, safety considerations and the need to preserve its capacity as a critical link for both the Chesapeake Expressway and the SP&G, the Cities agree: a) Additional Lanes: The SP&G will fund the construction oftwo additional outside lanes along the OGc. These two outside lanes will continue through the Battlefield Boulevard interchange to the interchange with the SP&G. b) 1-64/464 Interchange: Additional lane capacity, lane continuity, and lane configuration with the interchange ofl-64/1-464 will be provided, to be funded under the ongoing 164 project improve- ments. All costs for such improvements including but not limited to design, right-of-way, construction and mitigation will be funded by the 1-64 project. If the 1-64 projects do not provide for the necessary improvements, then they will be provided for concurrently with the SP&G Oak Grove Connector improvements and funded by the SP&G project. (c) Noise Barriers: Should noise analysis warrant, noise barriers will will be provided along the OGC. (d) Timing of Construction: All items referenced in Section 3(a-c) above will be constructed simultaneously with the construction of the SP&G to ensure that the OGC can accommodate the traffic resulting from the SP&G. II (e) The parties commit to the following: ( i) A system of tolling or other financing mechanisms that achieves the recovery of funding necessary to construct the physical improvements associated with Dominion Boulevard (Rt. 17 South) and SP&G from traffic utilizing the new, improved, or expanded roadways (Clarifying that tolls associated with the Oak Grove Connector would apply only to traffic accessing the Oak Grove Connector to or from the SP&G); and (ii) A single and exclusive revenue and financing study encompassing the limits of both Dominion Boulevard and and the SP&G treating the projects as a single project for the purpose of financing; and (iii) The amendment adopted and approved in the minutes of August 20, 2003, MPO meeting stating that, "if SP&G does not go forward, the $520 million in NHS/RSTP funds, including the $100 million for the Dominion Boulevard Bridge will go back into the regional "MPO" pot for re-allocation." 4. Right-of- Way and Easement Acquisition: Right-of- Way and easement acquisition will be at no cost to Chesapeake unless specifically agreed to by Chesapeake. The City of Chesapeake is to be reimbursed for its costs for advanced corridor preservation expenses. Chesapeake will provide timely notice to VDOT of potential development projects which impact eh SP&G. Chesapeake City Council shall, to the extend permitted by law, give consideration to the impact that a particular land use application may have on the construction of the SP&G. WITNESS THE FOLLOWING SIGNATURES: CITY OF CHESAPEAKE, VIRGINIA / /. l....--r "'".. . ,\.- - n, -? --~- City M~n -' ' By ATTEST: ./.... i \. if/~ t)2l~.v(lk-/7. ,)l(t;j~~-' I I / , " -~ 2 -~ II CITY OF VIRGINIA BEACH, VIRGINIA By City Manager ATTEST: City Clerk Approved as to form: ch~lif:.y Approved as to form: ~~ Virginia Beach citykmf-- 3 II VI -' j l-l-l-......", L..Inr L. ,"'tLI"JULO 1;' L ./ !X\ l (., ~~ ~ ~ ~lw ~~.. o ~AhCl tbl" 1 COMMONWEALTH of VIRGINIA S~..u1:2i!J 0 CITY ATTORNEY , CITY OF VIRGINIA gg:AQl:L_..~J l..(~ f9-{"G0? <:;cO}O I.{ ~& u 97862940 P.02/03 ~y~23-2005 09:45 VDOT PHlUP A. SHUCET COMMISSIONER . DePARTMENT OF TRANSPORTATION 1401 EAsT BROAD STREET RICHMOND. VIRGINIA 23219-2000 May 23, 2005 The Honorable Meyera E. Obemdorf 2401 Courthouse Drive City Hall, Building #1 Municipal Center Virginia Beach, Virginia 23456 The Honorable Dalton S. Edge 306 Cedar Road P.O. Box 15225 Chesapeake, Virginia 23328 Dear Mayors Obemdorf and Edge: Thank you for taking time to meet on Friday, May 20 for a serious discussion about two important projects for Hampton Roads; Dominion Boulevard and the Southeast Parkway and Greenbelt Our meeting was especially timely given the work that the HRPDC is doing this week with respect to the update of the fIScally constrained long range plan. We will present the Draft Environmental Impact Statement for the Southeast Parkway and Greenbelt to the Federal Highway Administration for approval in the next few days. Then, depending on your action regarding this letter~ we will hold public hearings in July. Because of the considerable investment of taxpayer money in the Southeast Parkway and Greenbelt since the late 1980s, and because previous agreements between the two cities have unraveled for whatever reason at the last minute, it is critical that both cities reaffirm their commitment to both proj ects . in clear and straightforward tenns. In that regard, I have captured the thoughts we placed on the table during our meeting, and I have considered the wording discussed with your respective staffs after the meeting. " ""J"''''''''''''''~1:fiii1:''''.Zh;:,:;:~:. "'::1.:T~"'7': "':';';".\' ~::;:;'':''t' ,-. "'.";' ,., ",^,;'.<i.,-:~~,.tli" .",'i;:;;~l1~:?"'f' ;., ",;,,~,,'':;:l::resDecrrnll'W~,eaW:l'''o.L~~:Vou '1.V:,cotm:ttJ.:ID"wntui'a'Wi. e.~o OWIng.....~:. ':'::"..:",~t..~~~~.~~.~\~~,~.......;~....""..__::.r:>._..:.~_~~...,...;.; ........:.._. Regarding the construction of Dominion Boulevard and the Sour:heast Parkway and Greenbelt, We are committed to: 1. A system of tolHng or other finanCing mechanisms that achieves the recovery of funding necessary to construct the physical improvements associated with Dominion Boulevard (Route 17 South) and the Southeast Parkway and Greenbelt (including the expanded Oak Grove Connector) from traffic utilizing the new, improved, or expanded roadways; and VirginiaDOT.org WE KEEp VIR(.:INIb. t..~n\ll"l~ -:...-..1, I V. V""r'HI, 11-..-.----..' -.._- D-2ees 09: 46 IJDOT 97852940 P.03/1Zl3 Mayors Obemdorf and Edge May 23, 2005 Page 2 2. A single and exclusive toll revenue and financing study encompassing the limits of both Dominion Boulevard and the Southeast Parkway and GreenbeI~ treating the projects as a single project for the purpose of financing; and 3. The amendment adopted and approved in the minutes of the August 20, 2003 MPO meeting stating that, ~~If SP&G does not go forward, the $520 million in NHSIRSTP funds, including the $100 million for the Dominion Boulevard Bridge, will go back into the regional (MPO) pot for reallocation.>> Let me be clear. My hope is to see both of these important projects move forward. However, let me be equally clear about the alternative. If you cannot support the terms listed above, simply say so and we will call a halt to both projects. Absent an unequivocal agreement regarding the three items listed above, we will not schedule public hearings for the Southeast Parkway and Greenbelt, and r will recommend to the CTB that aU unexpended funds currently allocated to the Dominion Boulevard project be withdrawn in the FY06-FYll Six-Year Improvement Program.. Further~ if the Southeast Parkway and Greenbelt does not go forward for any reason, we will not support or encourage any efforts whatsoever for the separate advancement or funding of the Dominion Boulevard project. The angst surrounding these projects has gone on for too long. We are in a position to change that. ~i::~ Philip A. Shucet TOTRL P.03 II c~~~~~ City of Chesapeake u. 1?i:i .ft, !.9-SJ ~ 9J .,J- ~ {'I; I . \r\l> \ I \ \ , S .v \ Office of the City Manager Post Office Box 1 5225 Chesapeake, Virginia 23328-5225 Office: (757) 382-6166 Fax: (757) 382-6507 TOO: (757) 382-8214 f ofl.- t..} I tf ? CtJ\Y'..J ~ ~~e... . -.J ~~ . June 1, 2005 ,-. i-I Mr. James K. Spore City Manager City of Virginia Beach 2401 Courthouse Drive, Room 234 Virginia Beach, )Crginia 23456 . ! i i ^! -.J' ?CO'5 lJ '.1 j '\ L.. Pursuant to City Council's action of May 24,2005, I am enclosing for your consideration two originals of an addendum to the Memorandum of Understanding executed by the Cities of Chesapeake and Virginia Beach regarding the Dominion Boulevard Southeastern Parkway projects. I have enclosed for your convenience a copy of Mayor Edge's letter of May 27, 2005 that includes City Council's motion. I would very much appreciate it if you would execute and return one original to me. '-- Jim, I look forward to continuing to work together on these important projects. We are anxious to initiate the joint funding and financing study and I have appointed Mary Ann Saunders and Earl Sorey as Chesapeake's points of contact for the effort. Sincerely, (/- ,/' 't.~t' , ~' _" Co', ,.:..... !. ,L.-:' ......___.. Dr. Clarence V. . hffue City Manager CVC:MAS:pme Enclosures c: Philip Shucet Ronald Hallman Amar Dwarkanth Mary Ann Saunders Earl Sorey "The City of Chesapeake adheres to the principles of equal employment opportunity. This policy extends to all programs and services supported by the City." II CITY OF CHESAPEAKE OFFICE OF THE MAYOR 306 CEDAR ROAD CHESAPEAKE, VA 23322 May 27, 2005 PHONE 1-757-382-6462 FAX 1-757-382-6678 PHONE MAIL 1-757-382-6974 Mr. Philip A. Shucet, Commissioner Virginia Department of TranspOJ1ation 1401 East Broad Street Richmond, Virginia 23219-2000 Dear Commissioner Shucet, I am writing pursuant to our meeting on May 20th, your letter of May 2yd and subsequent conversations with City staff regarding Dominion Boulevard and the Southeastern Parkway and Greenbelt (SP&G) projects. City Council, during its meeting of May 24, 2005, authorized me by motion to reaffirm the City of Chesapeake's commitment as a regional partner with the City of Virginia Beach and the Virginia Department of Transportation as it relates to these projects. Regarding the construction, funding and financing of both projects we are committed to: 1. A system of tolling or other financing mechanisms that achieves the recovery of funding necessary to construct the physical improvements associated with Dominion Boulevard (Rt. ] 7 South) and SP&G from traffic utilizing the new, improved, or expanded road\vays (clarifying that tolls associated with the Oak Grove Connector would apply only to traffic accessing the Oak Grove Connector to or from the SP&G); and 2. A single and exclusive revenue and financing study encompassing the limits of both Dominion Boulevard and the SP&G treating the projects as a single project for the purpose of financing; and 3. The amendment adopted and approved in the minutes of the August 20, 2003, MPO meeting stating that, "if SP&G does not go fonvard, the $520 million in NHS/RSTP funds. including the $100 million for the Dominion Boulevard Bridge \vi)) go back into 1he regional "MPO" pot for re-allocation;" and II Conunissioner Philip A. Shucet May 27, 2005 Page 2 4. The City Attorney shall prepare and provide for the execution of an amendment to the Memorandum of Understanding (MOD) by and between the Cities of Chesapeake and Virginia Beach to reflect these terms. During the meeting with City Staff on May 25th, it was agreed that the limits of the Dominion Boulevard Project would entail, as per .the minutes of the August 20, 2003, MPO meeting, "Logical extension of SP&G is through the Oak Grove Connector and its interchange with 1-64/464 west along the former Route 104 to the new Route 17." Additionally, the language identified in the referenced minutes, as well as your May 23, 2005 letter, state that if the SP&G does not go forward for any reason, Virginia Department of Transportation (VDOT) will not support the separate advancement or funding of the Dominion Boulevard project. Similarly, it was agreed that the intent of this statement is to ensure that the respec,ive City Councils are committed to both projects. It is understood that should either project not go forward as the result of permitting or other factors beyond the control of the Cities, the remaining project will continue to be supported by VDOT and will be advanced as a stand-alone transportation improvement. . This most recent action reinforces City Council's resolution of October 9, 2001 which clearly delineated its support of the Southeastern Parkway project advancing through the National Environmental Policy Act permitting process. Both Cities executed a Memorandum of Understanding to establish a written basis of understanding as a framework for deliberations. Since then we have been meeting' with the leaders of the City of Virginia Beach regularly to address issues as they arise and have resolved such matters amicably. Prior to taking office as Mayor, ] met with Mayor Oberndorf and assured her of my support. I fully intend to continue to work closely with you and our neighboring cities for the betterment of our localities. As you are well aware, we have a history of\vorking effectively with VDOT in the past in solving some of the region's longstanding highway deficiencies, including US R T 17 South and R T 1 68/Chesapeake Expressway. Recognizing that tolls will not cover the total infrastructure costs of these projects, we look forward to working with VDOT and Virginia Beach on a funding/financing study for both projects under your leadership and guidance. II Commissioner Philip A. Shucet May 27, 2005 Page 3 Should you have any questions regarding this matter or any other, please feel free to call me directly. DSE:MAS:pme c: The Honorable Members of City Council The Honorable Meyera E. Obemdorf, Mayor, City of Virginia Beach The Honorable Helen E. Dragas, Commonwealth Transportation Board The Honorable Harry T. Lester, Commonwealth Transportation Board Dr. Clarence V. Cuffee, City Manager " II - 25 - Item V-J. 6. ORDINANCES/RESOLUTIONS ITEM # 54497 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to A UTHORIZE acquisition of property in fee simple, either by agreement or condemnation, from Williams Holding Corporation and Tallwood L.P. re expansion of the City's landfill. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A, Maddox, Mayor Meyera E, Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Rosemary Wilson Council Members Absent: None Council Lady Wilson DISCLOSED and ABSTAINED on Item J. 6 (Williams Holding Corporation) Pursuant to Conflict of Interests Act 92.2-3115 (E) her husband is a principal in the accountingfirm of Goodman and Company and earns compensation which exceeds $10,000,00 annually, Williams Holding Corporation is a client of Goodman and Company. Council Lady Wilson's husband personally provides services to Williams Holding Corporation. Council Lady Wilson's letter of October 11, 2005, is hereby made a part of the record. October 11, 2005 II 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR EXPANSION OF THE CITY'S LANDFILL, FROM WILLIAMS HOLDING CORP. AND TALLWOOD LP AND/OR THEIR SUCCESSORS AND ASSIGNS, EITHER BY AGREEMENT OR CONDEMNATION WHEREAS, in the opinion of the Council of the City of Virginia 11 Beach, Virginia, a public necessity exists for the construction of 12 an expansion of the City's existing landfill located on Centerville 13 Turnpike in the Centerville District of the City of Virginia Beach, 14 Virginia, to increase long-term solid waste disposal capacity and 15 to increase the City's options with respect to handling the 16 disposal of solid waste in the Clty, and for other related public 17 purposes for the preservation of the safety, health, peace, good 18 order, comfort, convenience, and for the welfare of the people of 19 the City of Virginia Beach. 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 Section 1. That the City Council authorizes the acquisition 23 by purchase or condemnation pursuant to Sections 15.2-1901, et 24 seq., and Title 25.1 of the Code of Virginia of 1950, as amended, 25 of four parcels of real property in fee simple (the "Property") 26 designated and described as follows: 27 28 GPIN: 1455-73-1702 29 All that certain property designated and described as "PARCEL 30 B, GPIN 1455-73-1702 AREA = 2,796,322.29 SF OR 64.195 AC.o as 31 shown on that certain subdivision plat entitled: "SUBDIVISION 32 OF PROPERTY OF WILLIAMS HOLDING CORP. (DB 2994, PG. 1253) (DB II 33 34 35 2999, PG 1384) AT GOMEZ BORROW PIT, VIRGINIA BEACH, VA.," dated December 9, 1999 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia In Map Book 282, at page 82. 36 37 38 GPINs: 1455-62-6392j 1455-62-653?j and 1455-72-1133 39 All those certain parcels of property located in the City of 40 Virginia Beach, Virginia , respectively designated and 41 described as "PARCEL 1, 5.305 ACRESj" "PARCEL 2, 5.92 ACRESj" 42 AND "PARCEL 3, 4.61 ACRES" all on that certain subdivision 43 plat entitled: "SUBDIVISION OF A PART OF TRACT "A" DIVISION OF 44 W.E. WOODS PROPERTY FOR ANTENNA RENTALS, A VIRGINIA GENERAL 45 PARTNERSHIP," dated August 1984 and recorded in the Clerk's 46 Office of the Circuit Court of the City of Virginia Beach, 47 48 49 Section 2. That the City Manager is hereby authorized to make 50 or cause to be made on behalf of the City of Virginia Beach, to the 51 extent that funds are available, a reasonable offer to the owners Virginia, in Map Book 184, at page 61. 52 or persons having an interest in said Property. If refused, the 53 City Attorney is hereby authorized to institute proceedings to 54 condemn said Property. L II 55 56 Adopted by the Council of the City of Virginia Beach, Virginia, on the 11th day of October CA-9701 H: \OID\REAL ESTATE\Acquis i t ions \WORKING - COND\E. V. Wi 11 iams pi t \Ordinance . doc PREPARED: 10/6/05 APPROVED AS TO CONTENT (. t ' (' J0 ". I '<, ,'" '" .-(" , NO)IIJ[~ '..,' ,cuL..;(j,\ s.1GNATURE fJU) kf4/ {/J+a;, DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM ilAJlJ'a~ ~ CITY ATTORNEY 2005. II (k U' ~ i(' Ii! t I : , I r ' \' \ I I.. ~ ~ .~ . i ..--/ LOCATION MAP PROPERTY OF WILLIAM HOLDING CORPORATION ~ GriN 1455 73 1702 K::- (}m,^, TALLWOOD "L.P. GPH~-, 14S':; C2 6392e- SCALE: 1" = 400' WILLIAMS HOLDI~G.DGN MjS. PREPARED BY P;W ENG, CADD DEPT. ,"lARCH 29,2005 II City c:>f Virgir1ia. 13ea.ch ROSEMARY WILSON COUNCIL LADY - AT-LARGE PHONE: (757) 422-0733 FAX: (757) 426-5669 October 11, 2005 Mrs. Ruth Hodges Smith, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Dear Mrs. Smith: Re: Disclosure Pursuant to Code of Virginia S 2.2-3115(E) Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on an ordinance to authorize acquisition of real property from Williams Holding Corporation (GPIN 1455-73-1702) and Tallwood LP (GPINs 1455-62-6392; 1455- 62-6535; 1455-72-1133) for the expansion of the City's landfill. 2. Williams Holding Corporation is a client of Goodman and Company, an accounting firm. My husband is a principal in the firm. 3. My husband personally provides services to Williams Holding Corporation. 4. I wish to disclose my interest in this transaction and abstain from City Council's consideration of the matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. 1304 WREN PLACE, VIRGINIA BEACH, VA 23451 II Mrs. Ruth Hodges Smith -2- October 11, 2005 Re: Disclosure Pursuant to Conflict of Interests Act 9 2.2-3115 (E) Thank you for your assistance in this matter. Sincerely, jt/~ Rosemary A. IIson Councilmember RAW /RRI -26- Item V-J. 7. ORDINANCES/RESOLUTIONS ITEM # 54498 ADD-ON Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Resolution re Role of "Citizen BRAC Committee" with a sunset clause to January 11,2006. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 11, 2005 II 1 2 3 4 5 A RESOLUTION ESTABLISHING THE ROLE OF THE VIRGINIA 3EACH CITIZEN BRAC COMMITTEE WHEREAS, the City Council at its October 4, 2005 meeting 6 expressed a desire to establish a citizen group to assist City 7 Council as it considers the City's options in light of the 2005 8 Base Realignment and Closure Commission ("BRAC") Final and 9 Approved Recommendations; 10 WHEREAS, at the same meeting the City Council appointed 11 members to the Virginia Beach Citizen BRAC Committee, with the 12 understanding that the committee would provide periodic input to 13 the City Council on this issue until January 11, 2006; 14 WHEREAS, the City Council desires to be clear in its 15 expectations as to the role of the Citizen BRAC Committee; 16 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 17 OF VIRGINIA BEACH: 18 1. The purpose of the Citizen BRAC Committee shall be to 19 assure consideration of all relevant information and factors 20 regarding the City's response to the BRAC recommendations; 21 2 . The committee shall review and monitor the work of the 22 technical workgroups established by the City Manager by being 23 briefed at regular intervals by city staff and consultants 24 assigned to the technical workgroups; 25 3. The committee shall serve as a sounding board and 26 focus group for the technical workgroups; 27 28 4 . The committee shall assist with the public for the communication process by convening public forums 29 technical workgroups to share the status of their work and 30 findings with citizens and to gather citizen feedback; 31 5. The committee shall be a conduit for public input to 32 the analysis process; II 33 6. The Chair of the committee shall lead meetings, 34 establ ish agendas, and periodically present reports to the Ci ty 35 Council; and 36 7. The committee shall complete its work as Soon as 37 practicable, but no later than January II, 2006, at which time 38 the Committee shall stand dissolved, unless specifically 39 extended by action of the City Council. 40 41 Adopted by the City Council of the City of Virginia Beach 42 on the 11 th day of October , 2005. APPROVED AS TO LEGAL SUFFICIENCY: z~ City AttorneY'~ce CA9773 H:\PA\GG\OrdRes\BRAC Advisory Comm. Res R-4 October 10, 2005 Item V-K. PLANNING 1. TWOFARMS,INC. 2. J .B. AND LOIS CAMPBELL 3. LA VERN MILLER 4. K & SONS, INC. 5. CHARLES H. AND SANDRA T. DA WSON 6. STEVEN KREVER 7. KAREN K. GERMAN -27- ITEM #54499 NONCONFORMING USE NONCONFORMING USE NONCONFORMING USE MODIFICATION OF THE INDIAN LAKES LAND USE PLAN CONDITIONAL CHANGE OF ZONING CONDITIONAL CHANGE OF ZONING CHANGE OF ZONING October 11, 2005 II - 28- Item V-K. PLANNING ITEM # 54500 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION Items 1,2,3,4 (DEFERRED INDEFINITELY), and 7 of the PLANNING BY CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, 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 Mayor Oberndorfvoted a VERBAL NAY on Item K. 7. (KAREN K. GERMAN) October 11, 2005 II - 29- Item V-K.1. PLANNING ITEM # 54501 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED the application of TWO FARMS, INC. for expansion of a Nonconforminf{ Use to add a master bedroom, laundry area and walk-in closet to the existing structure at 220 43rd Street Resolution upon application of Two Farms, Inc. for a Change to a Nonconforming Use on property located at 220 43rd Street (GPIN 24188662260000). DISTRICT 6 - BEACH The following conditions shall be required: 1, The proposed addition shall conform with respect to location on the site with the submitted physical survey prepared by Rood & Smith, PC, dated 3/1/05. Said survey has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The proposed addition shall conform to the submitted floor plans and elevations prepared by G.M, Frech & Associates, dated November 22, 2004. Said floor plans and elevations have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department, 3. The proposed building materials and colors shall match the building materials and colors currently existing on the house. If the materials and colors cannot be matched, the applicant shall submit a color palette and sample building materials to the current Planning Division of the Virginia Beach Planning Department for review and approval prior to installation. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 11, 2005 I II 1 2 3 4 5 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING USE ON PROPERTY LOCATED AT 220 43rd STREET, IN THE BEACH DISTRICT WHEREAS, Two Farms, Inc., (hereinafter the "Applicant"), 6 has made application to the City Council for authorization to 7 enlarge a nonconforming duplex dwelling situated on a certain 8 lot or parcel of land having the address of 220 43rd Street, ln 9 the R-7.5 Residential District; and 10 WHEREAS, the said duplex dwelling is nonconforming in that 11 duplex dwellings are not allowed in the R-7.5 Residential Zoning 12 District, but this dwelling was constructed prior to the 13 enactment of the Zoning Ordinance; and 14 WHEREAS, pursuant to Section 105 of the City Zoning 15 Ordinance, the enlargement of a nonconforming use is unlawful in 16 the absence of a resolution of the City Council authorizing such 17 action upon a finding that the proposed use, as enlarged, will 18 be equally appropriate or more appropriate to the zoning 19 district than is the existing use; 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 That the City Council hereby finds that the proposed use, 23 as enlarged, will be equally appropriate to the district as is 24 the existing use. 25 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: II 27 That the proposed enlargement of the Applicant's use of the 28 parcel is hereby authorized, upon the following conditions: 29 1. The proposed addition shall conform with respect to 30 location on the site with the submitted physical survey prepared 31 by Rood & Smith, PC, dated 3/1/05. Said survey has been 32 exhibited to the City of Virginia Beach City Council and is on 33 file in the City of Virginia Beach Planning Department. 34 2. The proposed addition shall conform to the submitted 35 floor plans and elevations prepared by 8.M. Frech & Associates, 36 dated November 22, 2004. Said floor plans and elevations have 37 been exhibited to the City of Virginia Beach City Council and 38 are on file in the City of Virginia Beach Planning Department. 39 3. The proposed building materials and colors shall match 40 the building materials and colors currently existing on the 41 house. If the materials and colors cannot be matched the 42 applicant shall submit a color palette and sample building 43 materials to the Current Planning Division of the City of 44 Virginia Beach Planning Department for review and approval prior 45 to installation. 46 Adopted by the Council of the City of Virginia Beach on the 47 11t-hday of October, 2005. CA-9768 OID\Ordres\nonconforming-two farms.doc R-1 September 28, 2005 2 II APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: J\)~ '1 ~jo~o~ 1 ' ~ P annlng Department ~~~ City Attorney's Office 3 II - 30- Item V-K.2. PLANNING ITEM # 54502 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED the Application of J. B. and LOIS CAMPBELL for expansion of a Nonconforminf! Use to raise the roof, enlarge the third floor unfinished attic and add a dormer to the existing structure at 107 53rd Street: Resolution upon application of J. B. Campbell and Lois Campbell for a Change to a Nonconforming Use on property located at 107 53rd Street (GPIN 24188968930107). DISTRICT 5 - LYNNHAVEN The following conditions shall be required: 1. The proposed alteration and addition shall conform with respect to location on the site with the submitted site plan and shall not encroach into the property any further than the existing structure. Said site plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department, 2. The proposed alteration and addition shall conform to the submitted elevations prepared b.y Larry A. Thompson, Architect, and dated 10/13/04. Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 3. The proposed building materials and colors shall match the building materials and colors currently existing on the house. If the materials and colors cannot be matched, the applicant shall submit a color palette and sample building materials to the current Planning Division of the Virginia Beach Planning Department for review and approval prior to installation, 4. The deck shall not be enclosed. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 11, 2005 1 2 3 4 5 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING USE ON PROPERTY LOCATED AT 107 53rd STREET, IN THE LYNNHAVEN DISTRICT WHEREAS, J. B. Campbell and Lois Campbell, (hereinafter the 6 "Applicants"), have made application to the City Council for 7 authorization to enlarge a nonconforming single-family dwelling 8 situated on a certain lot or parcel of land having the address 9 of 107 53rd Street, in the R-5R Residential District; and 10 WHEREAS, the said single-family dwelling is nonconforming 11 in that there are two single-family dwellings that occupy the 12 same lot, which is not allowed in the R-5R Residential Zoning 13 District, but this dwelling was constructed prior to the 14 enactment of the Zoning Ordinance; and 15 WHEREAS, pursuant to Section 105 of the City Zoning 16 Ordinance, the enlargement of a nonconforming use is unlawful in 17 the absence of a resolution of the City Council authorizing such 18 action upon a finding that the proposed use, as enlarged, will 19 be equally appropriate or more appropriate to the zoning 20 district than is the existing use; 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 That the City Council hereby finds that the proposed use, 24 as enlarged, will be equally appropriate to the district as is 25 the existing use. 26 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 That the proposed enlargement of the Applicants' use of the 29 parcel is hereby authorized, upon the following conditions: 30 1. The proposed alteration and addition shall conform 31 with respect to location on the site with the submitted site 32 plan and shall not encroach in to the property any further than 33 the existing structure. Said site plan has been exhibited to 34 the City of Virginia Beach City Council and is on file in the 35 City of Virginia Beach Planning Department. 36 37 38 2. The proposed alteration and addition shall conform to the submitted elevations prepared by Larry A. Thompson, Architect, and dated 10/13/04. Said elevations have been 39 exhibited to the City of Virginia Beach City Council and are on 40 file in the City of Virginia Beach Planning Department. 41 3. The proposed building materials and colors shall match 42 the building materials and colors currently existing on the 43 house. If the materials and colors cannot be matched the 44 applicant shall submit a color palette and sample building 45 materials to the Current Planning Division of the City of 46 Virginia Beach Planning Department for review and approval prior 47 to installation. 2 II 48 Adopted by the Council of the City of Virginia Beach on the 49 11rh day of October, 2005. CA-9766 OID\Ordres\nonconforming-campbelJ..doc R-l September 27, 2005 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~ 1'~,oS Planning~artment - ~wb~ce) 3 II - 3] - Item V-K.3. PLANNING ITEM # 54503 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED the Application of LA VERN MILLER for an alteration of a Nonconforming Use to resubdivide the property to eliminate conditions of "non-conformity" at 3400 North Landing Road Resolution upon application of Lavern Miller for the Alteration of a Nonconforming Use on property located at 3416 North Landing Road (GPIN 14838854790000) DISTRICT 7 - PRINCESS ANNE The following condition shall be required: 1. The subdivision of the site shall be in substantial conformance with the plan entitled "Preliminary Subdivision of Parcel B, Subdivision of Property for Valentine E. Miller and Sylvia B, Miller" prepared by Gallup Surveyors and Engineers and dated July 7, 2005, Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 11, 2005 II 1 2 3 4 5 6 A RESOLUTION AUTHORIZING A CHANGE TO A NONCONFORMING USE ON PROPERTY LOCATED AT 3416 NORTH LANDING ROAD, IN THE PRINCESS ANNE DISTRICT WHEREAS, Lavern Miller, (hereinafter the "Applicant"), has 7 made application to the City Council for authorization to make 8 changes to a nonconforming business and subdivide property 9 situated on a certain lot or parcel of land having the address 10 of 3416 North Landing Road, in the AG-2 Agricultural District; 11 and 12 WHEREAS, the said business is nonconforming in that such 13 business is not allowed in the AG-2 Agricultural District, but 14 this business was established prior to the enactment of the 15 Zoning Ordinance. The subdivision will place the business on a 16 smaller parcel of property than it now occupies, thus increasing 17 its nonconformity; and 18 WHEREAS, pursuant to Sec~ion 105 of the City Zoning 19 Ordinance, the change of a nonconforming use is unlawful in the 20 absence of a resolution of the City Council authorizing such 21 action upon a finding that the proposed use, as changed, will be 22 equally appropriate or more appropriate to the zoning district 23 than is the existing use; 24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: II 26 That the City Council here~y finds that the proposed use, 27 as changed, will be equally appropriate to the district as is 28 the existing use. 29 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 That the proposed subdivision of the property and use of 32 the smaller parcel for the nonconforming business use is hereby 33 authorized, upon the following condition: 34 1. The subdivision of the site shall be in substantial 35 conformance with the plan entitled "Preliminary Subdivision of 36 Parcel B, Subdivision of Prope:::-ty for Valentine E Miller and 37 Sylvia B. Millerll prepared by Gallup Surveyors and Engineers and 38 dated July 7, 2005. 39 Adopted by the Council of the City of Virginia Beach on the 40 11th day of October, 2005. CA-9771 OID\Ordres\nonconforming-miller.doc R-1 September 28, 2005 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: q ~~ ~ 0 ~ ~lil~~ City Attorney's Office Planni epartment 2 II - 32- Item V-K.4. PLANNING ITEM # 54504 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED INDEFINITELY an Ordinance upon application of K & SONS, Inc. for Modification to the Indian Lakes Land Use Plan to allow a gasoline station in conjunction with a convenience store. ORDINANCE UPON APPLICATION OF K & SONS, INC. FOR THE MODIFICATION OF THE INDIAN LAKES LAND USE PLAN TO ALLOW GASOLINE SALES IN CONJUNCTION WITH A CONVENIENCE STORE Ordinance upon Application of K & Sons, Inc. for the Modification of the Indian Lakes Land Use Plan to allow gasoline sales in conjunction with a convenience store on property located at 1196 Indian Lakes Boulevard (GPINs 14658968560000; part of 14658958850000). The Comprehensive Plan designates this site as being part of the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. The purpose of this modification to the land use plan is to develop the site for gasoline sales in conjunction with a convenience store. DISTRICT 2 - KEMPSVILLE Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 11, 2005 - 33- Item V-K.5. PLANNING ITEM # 54505 Attorney John Richardson, represented the applicant, and advised proffers have been submitted to limit the business uses. The applicant shall install street front landscaping as approved by the Planning Director in the existing ten (lOJ-foot wide green space between the sidewalk and the parking lot along Rosemont Road. The applicant leases the property to the right, therefore the limousines are parked on both his property and the adjacent property. Upon motion by Councilman Diezel, seconded by Councilman Maddox, City Council ADOPTED an Ordinance upon application of CHARLES H. and 8'ANDRA T. DA WSON for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF CHARLES H DA WSON AND SANDRA T. DA WSON FORA CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-2 TO CONDITIONAL B-2 Z09051231 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Charles H Dawson and Sandra T. Dawsonfor a ChanfIe of Zoning District Classification from 0-2 Office District to Conditional B-2 Community Business District on property located at 138 South Rosemont Road (GPIN 14876332370000). The Comprehensive Plan designates this site as being part of the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. DISTRICT 3 - ROSE HALL The following conditions shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh of October, Two Thousand Five October 11, 2005 - 34- Item V-K.5. PLANNING ITEM # 54505 (Continued) Voting: 8-3 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Rosemary Wilson and James L. Wood Council Members Voting Nay: Mayor Meyera E. Oberndorf, Reba S. McClanan and Ron A. Villanueva Council Members Absent: None October 11, 2005 II CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6160 DATE: June 29,2005 TO: Leslie L. Lilley DEPT: City Attorney FROM: William M. Macali DEPT: City Attorney RE: Conditional Zoning Application; Charles Dawson The above-referenced conditional zoning application is scheduled to be heard by the City Council on July 5,2005. I have reviewed the subject proffer agreement, dated February 11, 2005, and have determined it to be legally sufficient and in proper legal form. A copy ofthe agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW /nlb Enclosure cc: Kathleen Hassen II .. I CHARLES H. DAWSON SANDRA T. DAWSON To CITY OF VIRGINIA BEACH a Municipal Corporation of the Commonwealth of Virginia THIS PROFFER AGREEMENT ("Agreement") made this 11 tit day of February, 2005, by and among CHARLES H. DAWSON and SANDRA T . DAWSON (collectively the "Grantor"); and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "Grantee"). RECITALS: A. Grantor is the owner of a certain parcel of property located in the City of Virginia Beach being briefly described as Lots 9, 10 & 11, Section 1 , Westmoreland Estates, 138 South Rosemont Road, and more particularly described upon Exhibit A attached hereto and made a part hereof. B. Grantor has initiated an amendment to the zoning map of the City of Virginia Beach by petition of Grantor addressed to Grantee to change the zoning classification of the property to Conditional B-2 Community Business District. The proposed amendment is made pursuant to the terms of the City Zoning Ordinance of the City of Virginia Beach, adopted April18, 1988, as amended and in effect on the date of this Agreement (the "City Zoning Ordinance"). C. Grantee's policy is to provide for the orderly development ofland for various purposes, including commercial purposes, through zoning and other land development legislation. D. Grantor acknowledges that in order to prevent incompatible land use, reasonable conditions governing the use of the Property, in addition to the regulations generally applicable to land zoned B-2 as specified in the City Zoning Ordinance, are required to address the project proposed in Grantor's rezoning application. PREPARED BY: JOHNW.RICHARDSON,ATTORNEY AT LAW GPIN NO. 1487-63-3237-0000 II ~. t F. Grantor has voluntarily proffered in writing, prior to the public hearing before Grantee, as a part of the proposed amendment to the Zoning Map and in addition to the regulations specified in the City Zoning Ordinance for the B-2 zoning district, reasonable conditions outlined in this Agreement related to the development and operation of the Property. These conditions will be adopted as a part of the amendment to the Zoning Map relative to the Property, and have a reasonable relation to the use of the Property as rezoned B-2 and are needed as a result of the rezoning. G. The conditions outlined in this Agreement have been proffered by Grantor and allowed and accepted by Grantee as a part of the amendment to the City Zoning Ordinance and the Zoning Map. These conditions shall continue in full force and effect until a subsequent amendment changes the zoning the Property; provided, however, that such conditions shall continue if the subsequent amendment is party of the comprehensive implementation of a new or substantially revised zoning ordinance of Grantee. The conditions outlined in this Agreement may be amended only by following the procedures and recording the documents as outlined and required in the City Zoning Ordinance. NOW, THEREFORE, Grantors, its heirs, successors, assigns, grantees and other successors in title or interest to the Property, voluntarily and without any requirement by or exaction from Grantee or its governing body and without any element or compulsion or quid illQ quo for zoning, rezoning, site plan, building permit or subdivision approval, makes the following declaration of conditions and restrictions governing the use and physical development and operation of the Property, and covenants and agrees that this declaration and the further terms of this Agreement shall constitute covenants running with the Property, which shall be binding upon the Property, and upon all persons and entities claiming under or through the Grantor, his heirs, personal representatives, successors and assigns, grantees and other successors in interest or title to the Property; namely: 1. The Property shall be used for uses permitted in the B-2 District, along with accessory parking and other accessory site features, with the exception of the following uses, which are otherwise permitted in the B-2 District: (a) pounds; (b) shelters or commercial kennels; (c) beverage manufacturing shops; (d) bingo halls; (e) body piercing establishments; (f) borrow pits; (g) eating and drinking 2 r ! ! ~ [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 3 ! ! 'occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the City Zoning Ordinance or this Agreement, the City shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning ofthe subject Property on the map and that the ordinance and conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. WITNESS the following signatures and seals: COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, Jv....~ A.le 1 ~ , the undersigned, a Notary Public in and for the City and State aforesaid, do hereby certify that Charles H. Dawson and Sandra T. Dawson, whose names are signed to the foregoing instrument, have sworn to, subscribed, and &knOWledged the same before me in my City and State aforesaid this J&{ +" day of ~\l\ [, ,2005. The said Charles H. Dawson and Sandra T. D~wso~ are .~ personally known to me; or _ have produced for IdentIficatIOn purposes. ~. a. '1A2~-tnJ ary bhc My Commission Expires: q - 3 () - 2 00 (p 4 ~ EXHIBIT A LEGAL DESCRIPTION ALL THOSE certain lots, pieces or parcels of land, with the buildings and improvements thereon, lying, situate and being in the Lynnhaven Borough of the City of Virginia Beach, Virginia, designated and described as Lot Numbers Nine (9), Ten (10) and Eleven (11), on that certain plat made by C. A. Bamforth, Surveyor, dated April 22, 1952, and entitled "WESTMORELAND ESTATES, SECTION 1" which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach (formerly Princess Anne County), Virginia, in Map Book 32, at page 3. LESS AND EXCEPT those certain portions of the respective lots that were acquired by the Commonwealth of Virginia by Certificate filed July 9, 1964, on behalf 0 fthe S tate Highway Commissioner of Virginia and recorded in the aforesaid Clerk's Office in Deed Book 911, at page 44, which said Certificate was confirmed by the Order of the Circuit Court of the said City entered December 2, 1965, and recorded in the aforesaid Clerk's Office in Deed Book 937, at page 697. IT BEING the same property conveyed to Charles Dawson and Sandra Dawson by deed from Atlantic Telecom Services, Inc., recorded August 16,2001 in the Clerk's Office of the Circuit Court ofthe City of Virginia Beach, Virginia in Deed Book 4483, at page 1007. 5 - 35 - Item V-K.6. PLANNING ITEM # 54506 Attorney David S. Hay, 3720 Holland Road, Suite 103, Phone; 428-8488, represented the applicant and requested an INDEFINITE DEFERRAL to allow inclusions within the proffer agreement. The applicant requests the hours be 10:00 A.M. to 9:00 P.M. weekdays and 10:00 A.M. to 11 :00 P.M. on weekends. The exterior of the building shall be refurbished and the parking lot repaved. Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council DEFERRED INDEFINITELY an Ordinance upon application of STEVEN KREVER for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF STEVEN KREVER FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-2 TO CONDITIONAL B-1 Ordinance upon Application of Steven Krever for a Chanee ofZonine District Classification from 0-2 Office District to Conditional B-1 Neighborhood Business District on property located at 3712 South Plaza Trail (GPIN 14875015970000), The Comprehensive Plan designates this site as being part of the Primary Residential Area, suitable for appropriately located suburban residential and non- residential uses consistent with the policies of the Comprehensive Plan. The purpose of this rezoning is to allow a delicatessen and other uses on the property. DISTRICT 3 - ROSE HALL Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 11, 2005 II - 36- Item V-J(, 7. PLANNING ITEM # 54507 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of KAREN K. GERMAN for a Change of Zoning: ORDINANCE UPON APPLICATION OF KAREN K. GERMAN FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO R-20 Z09051232 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Karen K. German for a Change of Zoninf! District Classification from B-2 Community Business District to R-20 Residential District on property located at 5608 Parliament Drive (GPIN 14671398300000). The Comprehensive Plan designates this site as being part of the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan, The purpose of this zoning change is to develop the site with 2 single-family dwellings. DISTRICT 2 - KEMPSVILLE This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh of October, Two Thousand Five Voting: 10-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Reba S. McClanan, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Mayor Meyera E. Oberndorf Council Members Absent: None October 11, 2005 - 37- Item V-L.1. APPOINTMENTS ITEM # 54508 BY CONSENSUS, City Council RESCHEDULED: BEACHES AND WATERWAYS COMMISSION GOVERNANCE COMMITTEE FOR HISTORIC SITES INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA WETLANDS BOARD October 11, 2005 - 38- Item V-L.2. APPOINTMENTS ITEM # 54509 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: David Sparks 2-Year Term 11/01/05 -10/31/07 HISTORICAL REVIEW BOARD Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 11, 2005 - 39- Item V-L.3. APPOINTMENTS ITEM # 54510 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Larry W. Shackelford Alternate 3-Year Term 11/01/05 - 2/28/09 PERSONNEL BOARD Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 11, 2005 -, - 40- Item V-M.l. UNFINISHED BUSINESS ITEM # 54511 Vice Mayor Jones SPONSORED Joe Sanderline, Jr., to speak re Ordinance AUTHORIZING the execution of an Agreement re the terms and conditions of a water utility service between the Cities of Virginia Beach and Norfolk with Stephen Alexander Homes, Inc. at Pleasant Grove. (Approved October 4, 2005), During the City Council Session of October 4, 2005, Vice Mayor Jones repeatedly asked if someone wished to speak concerning execution of the Agreement re water utility service. No one responded. After this item was placed on the Consent Agenda, Vice Mayor Jones believed Mr. Sanderlin thought he was not going to be allowed to speak. Stephen Quick, 3202 Stapleford Chase, Phone: 631-8793 or 498-3827, applicant, distributed copies of his remarks, examples of Stephen Alexander Homes, site plan of proposed residential development, approval by City of Norfolk, approval by the City of Virginia Beach Development Services Center subject to an encroachment agreement and approval and recordation of the utility service agreement, The number of homes have been reduced to nine (9) spread across the same land area. Newtown Road is being widened by approximately 40%from twenty-one (21) and twenty-two (22) feet to thirty (30) feet, Curb, gutter and sidewalk are being added on the west side. The following registered to speak in OPPOSITION: Joe Sanderlin, 398 South Newtown Road, Phone: 490-2512, represented his neighbors of Newt own Road, and registered in OPPOSITION to the building of additional homes, Newtown Road is the only way in and out of the Pleasant Point area (comprised of ninety-two (92) homes). This comprises 930 automobile trips per day. These nine (9) new homes will add 90 more automobile trips per day. Dr. Tim Bartlett, 396 South Newtown Road, Phone: 493-0294, represented the Newtown Road residents Margaret M, Robertson, 358 South Newtown Road, Phone: 497-5791, Thomas Leahy, Director of Public Utilities, advised the lot sizes on Newtown Road average approximately 8,000 square feet, the smallest being 7,500 and the largest 8,500. The lots have a nominal front footage of approximately eighty-six (86) square feet each and are about ninety (90) feet deep. Mr. Leahy advised tests have been conducted and there is a far more than adequate water supply in that vicinity, Approximately two dozen (24) homes on the Virginia Beach side utilize an 8" water line. For sizing purposes, approximately "1 gallon per minute" per home is the average peak demand.. Sewer collection systems are sized for less than "1 gallon per minute", The Sentara Nursing Home's water is supplied by Norfolk. Virginia Beach provides water to the Glad Tidings Church. BYCONSENSUS, the OCTOBER 4, 2005, CITY COUNCIL A CTION TO APPROVE WAS SUSTAINED: OrdinanceAUTHORIZING the execution of an Agreement re the terms and conditions of a water utility service between the Cities of Virginia Beach and Norfolk with Stephen Alexander Homes, Inc. at Pleasant Grove. (Approved October 4,2005). Mayor Oberndorf encouraged the neighborhood to determine whether they wished the parking on the Virginia Beach side of their neighborhood removed, thus allowing ambulances easier access. Mayor Oberndorf advised, if the neighbors petition same, she will deliver this petition to Public Works October 11, 2005 - 41 - Item V-M.2. UNFINISHED BUSINESS ITEM # 54512 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council RESCHEDULED the City Council Sessions for December 2005 and January 2006: December 6,2005 December 13,2005 December 20,2005 Planning Planning Informal and Formal Sessions Informal and Formal Sessions Informal and Formal Sessions January January January January 10, 2006 17, 2006 24, 2006 31, 2006 Planning Planning Informal and Formal Sessions Workshop Informal and Formal Sessions Informal and Formal Sessions Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 11, 2005 - 42- Item V-No ADJOURNMENT ITEM # 54513 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:05 P.M. ~--~~~ Beverly 0. Hooks, CMC Chief Deputy City Clerk ~-- Ruth Hodges Smith, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia October 11, 2005