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NOVEMBER 22, 2005 MINUTES CITY OF VIRGINIA BEACH COMMUNITY FOR A LIFETIME MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIEZEL Kempsville - District 2 ROBERT M. DYER, Centervil/e - District I REBA S. McCLANAN, Rose Hall - District 3 RICHARD A. MADDOX, Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER w: SCHMIDT, At-Large RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL CITY COUNCIL AGENDA CITY HALL BUILDiNG 2401 COURTHOUSE DRIVE ViRGINIA BEACH, VIRGiNIA 23456-8005 PHONE:(757) 427-4303 FAX (757) 426-5669 E-MAIL: Ctycncl@vbgov.com CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES SMITH, MMC 22 November 2005 I. CITY MANAGER'S BRIEFINGS - Conference Room - 1:00 P.M. A. MAGNA CARTA EXHIBIT Mark A. Reed, Historic Resources Coordinator Department of Museums and Cultural Arts Timothy Guy, Director, Aukett Brockliss Guy (ABG), Joint Venture Communications and Design Consultancy B. HISTORIC KEMPSVILLE PLAN Clay Bernick, Environmental Management Program Administrator Department of Planning C. TOWING REGULATIONS Louie Ochave - Chairman, Towing Advisory Board II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION - Conference Room - 2:30 P.M. A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber - 6:00 P.M. A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend J. Scott Griffin Lynnhaven Presbyterian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS November 8, 2005 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARINGS 1. FARMER'S MARKET LEASE - FLS Corporation T / A The Nesting Box 2. EXCESS CITY PROPERTY - Fire Station near Seatack Elementary School 3. TAXI CAB INCREASE I. CONSENT AGENDA J. RESOLUTIONS/ORDINANCES 1. Resolution PROVIDING for the issuance and sale of General Obligation Public Improvement Bonds, heretofore authorized, in the maximum amount of $80,000,000 for various public facilities and general improvements. 2. Resolution to ADOPT the findings in the Formal Needs Assessment Report and AUTHORIZE the City Manager to issue a Request for Formal Renewal Proposal to Cox Communications of Hampton Roads, LLC for their cable television franchise. 3. Ordinances to AMEND City Code: a. SS 7-1, 7-65, 7-66, 7-67 and 7-68 re regulation of golf carts and utility vehicles b. S 6-114 re restrictions launching, landing, parking or stationing recreational vessels in certain areas c. Deferred Compensation Plan (i.) AMEND SS 2-121, 2-122 and 1-123 re the Deferred Compensation Plan and Board Membership (ii) Resolution to provide a Deferred Compensation Investment Policy 4. Ordinance re EXCESS PROPERTY adjacent to the Fire Training Center: a. DECLARE City-owned land at rear of Seatack Elementary School as excess property b. AUTHORIZE the purchase of9.3 acres by: (i) Exchange of a one (1) acre parcel (ii) Purchase 8.3 acre parcel 5. Ordinance to AUTHORIZE the City Manager to renew leased Spaces Nos. 1 and 2 at the Farmer's Market to FLS Corporation, t/a The Nesting Box. 6. Ordinances to AUTHORIZE a temporary encroachments into portions of City property: a. Rouse Drive by ROUSE I, LLC to install and maintain PVC conduit for telephone and computer lines b. Diamond Springs Road by R. M. CLARKE, L.L.c. to install and maintain conduit for network cables 7. Ordinance to ADD one full-time employee position to the City Attorney's Office and TRANSFER $44,134 from the Contingency Fund to the City Attorney's FY2005-06 Operating Budget. 8. Ordinances to ACCEPT and APPROPRIATE: a. $2,500 from the Virginia Office of the Attorney General TRIAD Crime Prevention for Senior's Grant and $1,000 from the Wal-Mart Foundation to the Police Department's FY2005-06 Operating Budget re purchase of Project Lifesaver equipment b. $605,866 from the Virginia Compensation Board to the Clerk of Circuit Court's FY 2005-06 Technology Trust Fund as reimbursement for technology expense K. PLANNING 1. Application ofK & SONS, INC. for the Modification ofthe Indian Lakes Land Use Plan to allow a gasoline station in conjunction with a convenience store at 1196 Indian Lakes Boulevard (Deferred by City Council on October 11 and November 8, 2005). (DISTRICT 2 - KEMPSVILLE) DEFERRED: RECOMMENDATION: November 8, 2005 DENIAL 2. Application of DONALD G. PRATT for a Modification ofProfJers from the Conditional Change of Zoning granted by the City Council on April 11, 2000, re an additional office building at 2244 General Booth. (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: APPROVAL 3. Petition for a Variance to ~ 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO), Subdivision for WILLIAM L. PAGE, to vacate an existing property line of two adjacent properties, remove an existing single family home and resubdivide creating two new lots of equal size at 1544 West Little Neck Road. (DISTRICT 5 - L YNNHA VEN) RECOMMENDATION: APPROVAL 4. Application of BLUE HORSESHOE TATTOO V, Ltd. for a Conditional Use Permit re a tattoo and body piercing establishment at 71-125 South Witchduck Road. (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION: APPROVAL 5. Application of SPRINT COM, INC. for a Conditional Use Permit re development ofa communication tower and maintenance cabinets at 1000 North Great Neck Road. (DISTRICT 5 - L YNNHA VEN) RECOMMENDATION: APPROVAL 6. Application of STEVEN KREVER for a Change of Zoning District Classification from 0-2 Office District to Conditional B-1 Neighborhood Business District at 3712 South Plaza Trail re a delicatessen. (Deferred by City Council on October 11, 2005) (DISTRICT 3 - ROSE HALL) DEFERRED: RECOMMENDATION: October 11,2005 APPROVAL 7. AMENDMENTS to REORDAIN and REPEAL the City Zoning Ordinance (CZO) a. 9 221.1 re specific standards for conditional uses within certain Air Installations Compatible Use Zones (AICUZ); and, ADD Article 18, 991800 - 1807 re discretionary development applications and sound attenuation requirements in buildings and structures in certain AICUZ b. Airport Noise Attenuation and Safety Ordinance (Appendix 1) re sound attenuation requirements in certain buildings, structures and required disclosures in residential real estate transactions c. Official zoning map by designation and incorporation of the NAS Oceana- NALF Fentress Interfacility Traffic Area d. Comprehensive Plan by the incorporation of the NAS Oceana - NALF Fentress Interfacility Traffic Area Map e. Comprehensive Plan, Chapters 1 (Introduction and General Strategy), 2 (Strategic Growth), 3 (Primary Residential Areas), 5 (Princess Anne/Transition Area) and 9 (Natural Resources and Environmental Quality Plan), Appendix of the Policy Document and Princess Anne Corridor Plan to incorporate provisions of AICUZ, the Hampton Roads Joint Land Use Study and AICUZ Overlay Ordinance DEFERRED: RECOMMENDATION: October 25,2005 Defer to December 20, 2005 L. APPOINTMENTS BEACHES and WATERWAYS COMMISSION BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY SERVICES BOARD GOVERNANCE COMMITTEE FOR HISTORIC SITES HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HISTORICAL REVIEW BOARD INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA PERSONNEL BOARD (Alternates) PLANNING COMMISSION RESORT ADVISORY COMMISSION (RAC) SENIOR SERVICES OF SOUTHEASTERN VIRGINIA (SEV AMP) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORAITON (VBCDC) WETLANDS BOARD (Alternates) M. UNFINISHED BUSINESS N. NEW BUSINESS 1. ABSTRACT OF VOTES - GENERAL ELECTION - November 8, 2005 O. ADJOURNMENT ******* lfyou 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 at 1-800-828-1120 *********** Agenda ll/22/2005gw www.vbgov.com MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 22 November 2005 Mayor Meyera E. Oberndorf called to order the CITY MANA GER'S BRIEFING re the MA GNA CARTA EXHIBIT in the Council Conference Room, City Hall, on Tuesday, November 22,2005, at 1:00 P.M Council Members Present: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Richard A. Maddox [Entered: 3:00 P.M.] Jim Reeve [Early Flightfor Family Thanksgiving] Peter W. Schmidt [Entered: 2:20 PM.] - 2- MA YOR'S COMMENTS ITEM # 54615 Mayor Oberndorf announced Ruth Hodges Smith, City Clerk, and Mary Russo, the City's Volunteer Co- ordinator, have been named Sister Cities InternationalS(fh Anniversary Distinguished Volunteers. The Mayor's Sister City Commission nominated Ruth and Mary to the Circle of Distinguished Volunteers because of her unflagging dedication and support to the success of the Sister City program. They will be honored at the 5(Jh Anniversary Conference in a special Musical Tribute to Citizen Diplomats at the Warner Theatre on Saturday afternoon, July 15, 2006. November 22, 2005 - 3 - C IT Y MANA G E R 'S B R IE FIN G MAGNA CARTA EXHIBIT 1:00 P.M. ITEM # 54616 The City Manager introduced Lynn Clements, Director - Department of Museums and Cultural Arts, Mark A. Reed, Historic Resources Coordinator - Department of Museums and Cultural Arts; and, Mac Rawls, Chair - Virginia Beach/Jamestown 2007 Steering Committee. Mark A. Reed, advised the Department of Museums and Cultural Arts and the Virginia Beach/Jamestown Steering Committee have been working on a number of activities to commemorate the Four Hundredth (400th) Anniversary of the landing of the Jamestown Settlers at Cape Henry in 1607. One of the most exciting aspects is to post an exhibition of important documents and artifacts related both to English history and the creation of the United States of America, The Magna Carta exhibit is the central document to all ideas of liberty and freedom. Mr, Reed recognized Uschi Butler, Chairman of the Contemporary Art Center, and Cameron Kitchin, Executive Director - Contemporary Art Center. The Contemporary Art Center is the planned location for the exhibit. The Honorable Peter Ellis, Justice of the Peace - Lincolnshire, England and an Honorary Citizen of Virginia Beach, and has been tasked to secure important documents from England. Judge Ellis initiated the inquiries with Lincoln Cathedral regarding the Magna Carta loan. Timothy Guy, Director - Aukett, Brockliss, Guy (ABG), the firm which is producing the exhibit, is also the principal in Timothy Guy Designs and will be presenting information relative the exhibit, Mr. Guy displayed various photographs depicting examples of ABG 's clients: Saint Martin's Church (which the Chinese Community has adopted as their church in England), Buckingham Palace, Hampton Courts, Saint Paul's, Windsor and the London Tower. His firm also specializes in signage and interpretation. The Very Reverend Dr. Alec Knight, Dean of Lincoln Cathedral, who visited Virginia Beach last year, sent the following message: "After much thought and prayer, I have decided it is time to retire. Her Majesty, The Queen accepted my request which will take effect the Thirty-first of March 2006. This will have no effect on the Cathedral's plan for Magna Carta, as we have a very good team in place here who are more than capable of delivering Chapters undertakings. In the interim, I will continue to be working with Roy Benthram, our Chief Executive, to bring the plans to fruition. " The majority of the colonists came from Lincolnshire and Suffolk. Lincoln has one of the finest medieval libraries in the World wishes to share the resources with the City. The Wren Library was designed by Christopher Wren and is very appropriate for the links between the two nations, Never before has Magna Carta and the Declaration of Independence been displayed together. Our Vision 1215's relevance to today Taking freedom for granted The 1607 landing at Virginia (Magna Carta cited four times on the first day) Bringing unique documents relating to John Smith to the United States and Virginia Beach for the first time With the assistance of the Philadelphia Historical Society and others creating own zone Bringing Virginia Beach and Lincoln together forever Telling Virginia Beach's story across America A permanent memento for every student in each of the ten (10) locations November 22, 2005 -4- CITY MANA GER 'S BRIEFING MAGNA CARTA EXHIBIT ITEM # 54616 (Continued) Mr. Guy outlined the steps involved in the history of securing the Magna Carta Exhibit: From the beginning April 2003 - December 2004 Testing original ideas with United States National Archive, British Library, Visit Britain, Washington Chamber of Commerce, The British Council and the Palace of West minister January 4, 2005 Go-ahead with funding February 9,2005 United States visit - Virginia Beach, Philadelphia and Washington April 14, 2005 United States visit - Boston, Philadelphia, Dames and Barons of Magna Carta Annual Dinner May 2005 Writing First Draft Business Plan June 14, 2005 Presentation to City Council July 7, 2005 Presentation to Chapter July 27,2005 United States visit. The Chief Executive and Aukett, Brockliss, Guy (ABG) agreeing sponsorship, venue proposals and meeting the National Education Association Chief Executive. There are two (2) copies of the Magna Carta housed in the British Library. One is in very bad condition due to a {ire in the EiJ?hteenth Century, The other copy is the Library's star exhibit. From now on ... July - December 2005 Seeking United Kingdom sponsors and venues November 22, 2005 Aukett, Brockliss, Guy (ABG) meeting with Mayor Oberndorf and report to the City Council December 5,2005 Completion of Phase 2 - Seeking funding and venues. Report to Chapter January/February 2007 Shipping March 2007 Preview at The White House Early April 2007 Exhibition opens at Virginia Beach Quatrocentennial Virginia Beach April 24-26 Mr. Guy displayed a depiction of one the first printed maps showing the location of the Colonists Landing at Cape Henry. This map is under the ownership of Lincoln. Twenty-five (25) Barons signed the Declaration at Runnymede. Mr. Guy advised the proposed Exhibit's Treasurers: 1215 Magna Carta, Virginia Library Dunlap Broadside, The Little Charter (The Charter of the Forest 1217), First Colonists' books, papers and maps, The Cornwallis Sword, Benjamin Franklin papers, historic newspapers, The Franklin Press, Earl Macclesjield private collection, Palace of West minister and Contemporary charters (replicas, etcetra) November 22, 2005 -5- C IT Y MANA G E R 'S B R IE FIN G MAGNA CARTA EXHIBIT ITEM # 54616 (Continued) There are only two (2) Little Charters in the World (both owned by Lincoln). This pertains to the "right to roamfreely", "The Authors of Liberty - Magna Carta and the Price of Freedom 2007 USA 2009" is the trademark, the name of the Exhibition has been registered Worldwide. This trademark will be adaptedfor each of the venues i.e. contain the name Virginia Beach and dates. "Authors of Liberty" on Tour Sharing the vision The messages Magna Carta contains - Power, symbolism, appeal, influence Commemorating Virginia Beach's place in history Moving Lincoln 3000 miles west First colonists set off from Immingham Kent Coast and Falmouth, Cornwall Ten (10) cities, twenty-five (25)months Potential visitor audience 2-MILLION Internet audience 1.3-BILLION The Big Venues Venue discussions with: Virginia Beach (Contemporary Arts Center opening April 2007) Washington, DC (either in the New Museum or the Reagan Building) Mount Vernon is also interested in a signature event New York (New York Museum of History) Boston (City Archivist) Salt Lake City (links with Boston and Lincoln) Philadelphia (National Education Association 100 years, Constitution Center - opening prior to July 4, 2007) Orlando (Machinists Union) Chicago (National Education Association Grand Meeting 2008) Los Angeles (Getty, City Museum, et cetera) Smaller venues wishing to be considered include: The Presidential Libraries; Jackson, Alabama, Reno, Charlottesville (Monticello); Mount Vernon, Baton Rouge; Austin, Texas Wayne Valis Associates has been engaged to retain sponsorships and are currently in discussion with thirty (30) major institutions, Funding to support feasibility now stands at $400, 000 (including support of Virginia Beach). November 22,2005 - 6- C IT Y MANA G E R 'S B R IE FIN G MAGNA CARTA EXHIBIT ITEM # 54616 (Continued) Exhibition Concept, Interpretation and Design Three (3) versions are now under consideration with full costings: 8,500 square feet, highest quality special effects and interactives with traveling audio-visual theatre, education suite and hospitality area, including 2000 square foot retail ($12.365-MILLION) 7,000 square feet, highest quality special effects and interactives without theatre and smaller ancillary spaces ($1 O. 415-MILLION) 4,500 square feet, highest quality special effects and interactives without theatre and smaller ancillary spaces ($5-MILLION) Themes and stories underway Tour team identified Mr, Guy displayed a depiction of the Exhibition concept. The Exhibition Consultant, Paul Williams, has just been appointed as a Role Designer for Industry, Only ninety-six (96) awards have been made since 1936. This appointment is awarded to individuals who have achieved sustained excellence in the aesthetic and efficient design for industry. A 501 (c) (3) Foundation has been established in Lincoln. The prime purpose is to achieve a range of educational outcomes, The parties include: Lincoln Cathedral - artifacts, Aukett, Brockliss, Guy (ABG) - design, Valis Associates - sponsorship, and, McDermott, Will and Emery - legal, Mark Reed described the Action Plan for the City of Virginia Beach Partner with Contemporary Art Center of Virginia Develop Memorandums of Understanding with the Contemporary Art Center of Virginia and Authors of Liberty Foundation Contemporary Art Center of Virginia to contract for Project Manager Project Manager housed at Contemporary Art Center of Virginia and supported by City and the Art Center. The Project Manager will coordinate $1-MILLION fund raising (private funding not City) initiative with the Contemporary Art Center of Virgin ia Board of Trustees and other leading citizens. The Project Manager will provide oversight of exhibition planning on behalf of the Art Center and the City, as well as assisting in other areas of exhibition management November 22, 2005 - 7 - C IT Y MANA G E R 'S B R IE FIN G MAGNA CARTA EXHIBIT ITEM # 54616 (Continued) Financial Considerations City Council has already committed $100,000 toward the feasibility study and business plan Additional $150,000 to bring exhibit here Expenditures to date - $127,551.88 Exhibition Operating Expenses - $500,000 Tour Cost - $l-MILLION - Private funding Other Considerations Merchandise and Admissions Revenues will need to be negotiated Significant National/International exposure Valuable educational experience for all ages Unparalleled opportunity for Virginia Beach to host a "blockbuster exhibit" Mr. Reed will confer with the Authors of Liberty Foundation concerning costs re bringing the Exhibit to the United States be spread among the beneficiaries and not just Virginia Beach. Mr. Guy anticipated approximately 2,000 people a day would visit the Magna Carta Exhibit. City Council has previously committed $100,000 toward the feasibility study and business plan. BY CONSENSUS, City Council indicated an additional $150,000 could be expended. November 22, 2005 - 8- C IT Y MANA G E R 'S B R IE FIN G HISTORIC KEMPSVILLE PLAN 2:12 P.M. ITEM # 54617 The City Manager introduced Clay Bernick, Environmental Management Program Administrator, to present information relative the Historic Kempsville Plan, a three (3) year process, Mr. Bernick advised Kempsville was one of the earliest sites of settlement in the City. In 1650, George Kempe, bought a parcel of property at the head of navigation on the eastern branch of the Elizabeth River to create a place to ship his tobacco to Great Britain, Afew years after this, Kempsville was established as the County Seat. By 1700, Kempsville was a thriving seaport. In 1778, Kempsville became the County Seat for Princess Anne and remained the County Seat until 1824, when it moved to the now Princess Anne Municipal Center. Governor Thomas Jefferson authorized construction of a canal, which was to link Kempsville to the Lynnhaven. This was a methodfor the American Navy to avoid blockades by the British, which ultimately resulted in the War of 1812. On November 15, 1775, Lord Dunmore had retreated from the Capital in Williamsburg to Kempsville. He died in Kempsville and was the first casualty of the Revolution. The City is in the midst of a project with the Virginia Department of Transportation, "First Cities Initiative ", a major intersection improvement project in the Kempsville area ($50-MILLION investment). Why a Historic Kempsville Master Plan? To leverage public investments in planned transportation improvements into helping create a special character for the area by: Promoting a combination of both public amenities and private development with redevelopment opportunities Recreating a "sense of place" and identification Fostering better integration with the adjoining neighborhood context To reestablish a unique "sense of place" with the intention of building a bridge between the remains of its past and the prospect for its future as an important destination in the City Mr. Bernick displayed an aerial photograph of Historic Kempsville with the area, which would be covered by the Historic Kempsville Master Plan, November 22,2005 - 9- CITY MANA GER 'S BRIEFING HISTORIC KEMPSVILLE PLAN ITEM # 54617 (Continued) Planning Process Community driven (Kempsville Center Strategy Consultant Assistance with Design Services group) Thirty-jive (35) community meetings Eight (8) Quadrant Meetings Citizen Information Meeting Numerous Individual meetings with interested parties and property owners Coordination with Roadway Improvement Project Vision To recreate a village setting, building on the natural setting and historic character and importance of the area while: accommodating reasonable development and redevelopment opportunities for property owners in a manner that is a compatible with the new roadway system maintaining and improving access to serve existing commercial, office and institutional uses not exacerbating vehicular traffic congestion and conflicts not reintroducing traffic congestion and conflicts in the area that the new roadway system was designed to remedy Mr. Bernick displayed a conceptual Village Plan for Historic Kempsville. Goals Promote Land Uses that accomplish multiple objectives Recommend a mix of land uses Establish a Zoning Overlay District Encourage future consolidation of parcels to form building blocks for new development Promote modifications to internal street pattern. So, as not to create congestion on the roadways, all of the access points will be off the main roads Foster revitalization of adjoining commercial and residential areas Complement road projects and development to north and northeast of area November 22, 2005 - 10- C IT Y MANA G E R 'S B R IE FIN G HISTORIC KEMPSVILLE PLAN ITEM # 54617 (Continued) The DRAFT Plan will be available for public review shortly after the Thanksgiving Holiday. Plan Elements Text Appendices Planning Process Architectural Design Guidelines Setting Vegetation and Street Furniture Design Vision and Goals Guidelines Plan specifics by quadrant Recommended City Zoning Ordinance Revisions Issues and opportunities Photographic Design Pattern Book Recommendations and action items Maps References Northeast Quadrant: Encourage redevelopment of commercial properties with a medical office focus, Enhance fire, rescue and emergency services accessibility. Promote Senior Housing, enhance Historic Dairy Operations and provide Corridor for future linkage to Town Center/Pembroke area Southeast Quadrant: Create community focal point through Village Square (Patriot Park) and Celebrate Sports Heritage. Encourage mixed use redevelopment of commercial and residential proeprties Southwest Quadrant: Adaptive re-use of Old Kempsville High School building. Encourage mixed use redevelopment of commercial properties and former school property. Protect Fairfield neighborhood from cut-through traffic. Provide non-motorized water access for recreation. Northwest Quadrant: Protect and provide enhanced opportunities for existing houses of Worship, Showcase and enhance historic structures. Encourage mixed use redevelopment of commercial properties, Protect Kempsville Heights neighborhood from cut-through traffic. Encourage WateJ:front redevelopment. Plan Action Items and Recommendations Code Changes: Overlay District and Map, Mixed Economic Development Incentive Program Use Zoning, Conditional uses appropriate for overlay district Sale and redevelopment of excess City Streamlined Development Review process properties: funds to account for financing other Public improvements in the area Refinement of Public Investment Protection Willing Sellers property acquisition program Strategy (PIPS) Potential new Capital Improvement Projects Ongoing Role for Historic Kempsville Master (CIP): Public Park Development project, Plan, Implementation Team to oversee process Regional Storm water Management Facility development projects, Public Parking project November 22, 2005 - 11 - C IT Y MANA G E R 'S B R IE FIN G HISTORIC KEMPSVILLE PLAN ITEM # 54617 (Continued) Plan Schedule December 14,2005 Planning Commission Public Hearing December 20,2005 City Council Public Comment January 10, 2006 City Council Adoption Next Steps Continue strong community input process Support Plan Implementation using opportunities created by transportation improvements through City initiatives and the development review process Continue City coordination through Historic Kempsville Plan Implementation Team to address specific tasks (Funding strategy for other public improvements; marketing efforts; excess City property redevelopment) November 22, 2005 - 12- C IT Y MANA G E R 'S B R IE FIN G TOWING REGULATIONS 2:45 P.M. ITEM # 54618 Louie Ochave, Chair - Towing Advisory Board, advised the Towing Advisory Board consists of eight (8) members: TOWING ADVISORY BOARD Louie Ochave Chair Maury Bailey Karen Barnard Steven Cowan Peter Langlands Captain Ken Lowe, Jr. - Police Department Art Walker Barbara Yates Types of Tows Persons requesting services for themselves (consensual) Police directed tows From an accident scene Illegally parked vehicles on City streets or City owned parking facilities Parking violations from private properties (non-consensual) The Towing Advisory Board provides City Council with input and recommendations relating to Towing issues for non-consensual tows from private property. The Towing Advisory Board was directed by City Council to perform three (3) tasks: Active Monitoring of Tow issues: initiated a comment and survey form. Addressing concerns of towed individuals: Concerns were addressed to Chair Louie Ochave Rates of Tows Ms. Ochave displayed a chart depicting increased cost of insurance and fuel. November 22,2005 - 13- CITY MANA GER 'S BRIEFING TOWING REGULATIONS ITEM # 54618 (Continued) Increased Cost of Business Real estate tax assessments increase 33% over past two years Workman Compensation 2 to 3 times higher than for a gas station or body shop * Abandoned vehicles - 60% are not retrieved Equipment Costs - increased 26%from 1999** Routine maintenance i.e oil/grease, tires, batteries, brakes, clutches/transmissions Can be as much as $14,000 every eighteen (18) months* *AAA of Tidewater, Virginia **Recovery Solutions and Tow Times Trade Magazine Towing Rate History Year Rate Dolly Fee Storage Fee * 1993-2001 $ 60 0 $ 6.00 2001 $ 70 0 $ 12.00 2002 $ 75 0 $ 15.00 2004 $ 85 0 $ 20.00 *Storagefee imposed after the r 24 hours Mr, Ochave displayed a chart depicting the cost comparison of neighboring locality rates, The 2004 average cost per tow (based on actual local industry costs) is $112 per tow. Currently, the Virginia Beach towing rates are $85 per tow. Current Tow Rates Light Tow (up to 10,999 GVWR) $ 85 Heavy Tow (over 11,000 GVWR) $285 Drop Fee $ 25 Storage Fee * $ 20 DMV Processing $ 50 *After thefirst 24 hours * * After seven days November 22, 2005 - 14- CITY MANA GER 'S BRIEFING TOWING REGULATIONS ITEM # 54618 (Continued) Recommendations The use of volunteers: Be proactive in addressing tow issues Ensure that required signs are posted relating to towing Review commentljeedback forms Provide analytical reports Identify potential issues and provide alternatives Serve as point of contact for people with concerns Encourage the tow industry to monitor its own providers and provide a telephone number and email for people to contact with concerns Adjust the tow ratesfrom $85 to $125 per tow (under 11,000 pounds). Barry Shockley, Management Services, advised the following towing rates of neighboring municipalities: Norfolk Suffolk Chesapeake * $105 $ 85 $ 85 and $95 *Chesapeake defaults to the State Code, Information shall be provided relative the average of voluntary tow charges. Associate City Attorney Kathy D. Rountree advised relative dictating to the Towing Companies form of payment, the City does not have authority from the State. However, the City Code specifically states no more than $85 can be charged for a tow, If the citizen is forced to provide a tip for a towed vehicle, change was not available, the tow operator has committed a Class I Misdemeanor, A warrant can be issued and the tow operator arrested. This is under a one year statue of limitations, However, the citizen must go to Court and testify. Council Lady Wilson distributed copies of Summaries of DRAFT State Towing Legislation November 22, 2005 - 15 - AGE N DA REV IE W S E S S ION 3:23 P.M. ITEM # 54619 J.3. Ordinances to AMEND City Code: a. ~~ 7-1, 7-65, 7-66, 7-67 and 7-68 re regulation of golf carts and utility vehicles b, ~ 6-114 re restrictions launching, landing, parking or stationing recreational vessels in certain areas c Deferred Compensation Plan (i.) AMEND ~~ 2-121, 2-122 and 1-123 re the Deferred Compensation Plan and Board Membership (ii) Resolution to provide a Deferred Compensation Investment Policy Councilman Wood referenced Item J.3.a be DEFERRED INDEFINITELY, as per request of Councilman Reeve, The City Attorney requested all Council Members contact him relative their concerns of this Code Amendment, as he might be able to address their concerns prior to the item being scheduled for a City Council Session. Council Lady McC/anan requested Item J.3,c. (i) (ii) be DEFERRED INDEFINITELY, as she wished to discuss with City Council members the method of appointing additional members to the Deferred Compensation Board. ITEM # 54620 J. 6. Ordinances to A UTHORIZE temporary encroachments into portions of City property: a. Rouse Drive by ROUSE I, LLC to install and maintain PVC conduit for telephone and computer lines b. Diamond Springs Road by R. M. CLARKE, L.L. C. to install and maintain conduit for network cables Jim Lawson, Real Estate, advised the telephone and computer lines would be placed underground. ITEM # 54621 BY CONSENSUS, thefollowingshall compose the CONSENT AGENDA: RESOLUTIONS/ORDINANCES J.1. Resolution PROVIDING for the issuance and sale of General Obligation Public Improvement Bonds, heretofore authorized, in the maximum amount of $80,000,000 for various public facilities and general improvements. November 22, 2005 - 16- AGE N DA REV I E W S E S S ION ITEM # 54621 (Continued) J.2. Resolution to ADOPT the findings in the Formal Needs Assessment Report and AUTHORIZE the City Manager to issue a Request for Formal Renewal Proposal to Cox Communications of Hampton Roads, LLC for their cable television franchise. J.3, Ordinances to AMEND City Code: a. 88 7-1, 7-65, 7-66, 7-67 and 7-68 re regulation of golf carts and utility vehicles b, 8 6-114 re restrictions launching, landing, parking or stationing recreational vessels in certain areas c Deferred Compensation Plan (i.) AMEND 882-121, 2-122 and 1-123 re the Deferred Compensation Plan and Board Membership (ii) Resolution to provide a Deferred Compensation Investment Policy J.4, Ordinance re EXCESS PROPERTY adjacent to the Fire Training Center: a. DECLARE City-owned land at rear of Seatack Elementary School as excess property b. AUTHORIZE the purchase of9,3 acres by: (i) Exchange of a one (I) acre parcel (ii) Purchase 8.3 acre parcel J.5. Ordinance to AUTHORIZE the City Manager to renew leased Spaces Nos, 1 and 2 at the Farmer's Market to FLS Corporation, tfa The Nesting Box. J. 6. Ordinances to A UTHORIZE temporary encroachments into portions of City property: a. Rouse Drive by ROUSE I, LLC to install and maintain PVC conduitfor telephone and computer lines b. Diamond Springs Road by R. M. CLARKE, L.L. C. to install and maintain conduit for network cables November 22, 2005 -17 - AGE N DA REV IE W S E S S ION ITEM # 54621 (Continued) J. 7. Ordinance to ADD one full-time employee position to the City Attorney's Office and TRANSFER $44,134 from the Contingency Fund to the City Attorney's FY2005-06 Operating Budget. J.8. Ordinances to ACCEPT and APPROPRIATE: a. $2,500 from the Virginia Office of the Attorney General TRIAD Crime Preventionfor Senior's Grant and $1,000 from the Wal-Mart Foundation to the Police Department's FY2005-06 Operating Budget re purchase of Project Lifesaver equipment b, $605,866 from the Virginia Compensation Board to the Clerk of Circuit Court's FY 2005-06 Technology Trust Fund as reimbursement for technology expense Council Lady McClanan shall vote a VERBAL NAY on Item J.1. Item J.3a and 3c shall be DEFERRED INDEFINITELY, BY CONSENT November 22, 2005 -18 - AGE N DA REV IE W S E S S ION ITEM # 54622 K.4. Application of BLUE HORSESHOE TATTOO ~ Ltd, for a Conditional Use Permit re a tattoo and body piercing establishment at 71-125 South Witchduck Road. (DISTRICT 2 - KEMPSVILLE) Council Members were concerned relative the location of the tattoo parlor, The City Attorney referenced the ordinance relative location of tattoo parlors and this application does adhere to that Ordinance. However, this is a Conditional Use Permit and is subject to City Council's approval. This item shall be discussed during the Formal Session, ITEM # 54623 K. 6. Application of STEVEN KREVERfor a Chanfle of Zoning District Classification from 0-2 Office District to Conditional B-1 Neighborhood Business District at 3712 South Plaza Trail re a delicatessen. (Deferred by City Council on October 11,2005) (DISTRiCT 3 - ROSE HALL) Council Lady McClanan advised the application was DEFERRED to enable the applicant and his attorney to submit additional proffers relative improvement to the parking lot, The proffers indicated "where necessary" and "when necessary" painting and fixing of potholes shall be accomplished. This item shall be discussed during Formal Session, ITEM # 54624 K.7. AMENDMENTS to REORDAIN and REPEAL the City Zoning Ordinance (CZO) a. ~ 221,] re specific standards for conditional uses within certain Air Installations Compatible Use Zones (AICUZ); and, ADD Article 18, ~~1800 - 1807 re discretionary development applications and sound attenuation requirements in buildings and structures in certainAICUZ b, Airport Noise Attenuation and Safety Ordinance (Appendix 1) re sound attenuation requirements in certain buildings, structures and required disclosures in residential real estate transactions c, Official zoning map by designation and incorporation of the NAS Oceana - NALF Fentress Interfacility Traffic Area November 22,2005 - 19- AGENDA RE VIE W SESSION ITEM # 54624 (Continued) d. Comprehensive Plan by the incorporation of the NAS Oceana - NALF Fentress Interfacility Traffic Area Map e. Comprehensive Plan, Chapters 1 (Introduction and General Strategy), 2 (Strategic Growth), 3 (Primary Residential Areas), 5 (Princess Anne/Transition Area) and 9 (Natural Resources and Environmental Quality Plan), Appendix of the Policy Document and Princess Anne Corridor Plan to incorporate provisions of AICUZ, the Hampton Roads Joint Land Use Study andAICUZ Overlay Ordinance This item shall be discussed during Formal Session, ITEM # 54625 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: K1. Application of K & SONS, INC. for the Modification of the Indian Lakes Land Use Plan to allow a gasoline station in conjunction with a convenience store at 1196 Indian Lakes Boulevard (Deferred by City Council on October 11 and November 8,2005). (DISTRICT 2 - KEMPSVILLE) K2. Application of DONALD G. PRATTfor a Modification of Proffers from the Conditional Change of Zoning granted by the City Council on April 11, 2000, re an additional office building at 2244 General Booth. (DISTRICT 7 - PRINCESS ANNE) K3. Petition for a Variance to S 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO), Subdivision for WILLIAM L. PAGE, to vacate an existing property line of two adjacent properties, remove an existing single family home and resubdivide creating two new lots of equal size at 1544 West Little Neck Road. (DISTRICT 5 - LYNNHA VEN) K 5. Application of SPRINT COM, INC. for a Conditional Use Permit re development of a communication tower and maintenance cabinets at 1000 North Great Neck Road. (DISTRICT 5 - LYNNHA VEN) Vice Mayor Louis R. Jones ABSTAINED re William Page's requestfor a Subdivision Variance (Item K3.). Council Lady McClanan shall vote a VERBAL NAY on Items K1 and K5. November 22, 2005 - 20- ITEM # 54626 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 amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A) (1). To Wit: Appointments: Boards and Commissions: Beaches and Waterways Commission Board of Zoning Appeals Chesapeake Bay Preservation Area Board Community Services Board Governance Committee for Historic Sites Hampton Roads Economic Development Alliance Historical Review Board Investment Partnership Advisory Committee- PPEA Personnel Board (Appointment of Alternates) Planning Commission Resort Advisory Commission (RAC) Senior Services of Southeastern Virginia (SEVAMP) Virginia Beach Community Development Corporation (VBCDC) Wetlands Board (Alternates) Evaluation of Council Appointees PUBLIC CONTRACT: Discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms of scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(30) Military Liaison LEGAL MA TTERS: 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 legal advice by counsel pursuant to Section 2,2-3711 (A)(7). BRAC Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION (3:30 P.M.). November 22,2005 - 21 - ITEM # 54626 (Continued) Voting: 10-0 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, Peter W. Schmidt, Ron A. Villanueva, James 1. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Jim Reeve [Early Flightfor Family Thanksgiving] (Closed Session: 3:30 P.M. - 5:40 P.M.) (Break: 3:33 P.M. - 3:45 P.M). (Dinner: Delivered to Second Closed Session 6:37 P.M.) November 22,2005 - 22- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL November 22, 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, November 22,2005, at 6:00 P.M. Council Members Present: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Jim Reeve [Early Flight for Family Thanksgiving] INVOCATION: Reverend 1. Scott Griffin Lynnhaven Presbyterian Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the 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 and file 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. November 22,2005 - 23- Item V-E. CERTIFICATION OF CLOSED SESSION ITEM# 54627 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully 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: 10-0 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, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Jim Reeve November 22,2005 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 # 54626, page 20, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3711(A) of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. a~~.-O Ruth Hodges mith, MMC City Clerk November 22, 2005 - 24- Item V-F. 1. MINUTES ITEM #54628 Upon motion by Councilman Dyer, seconded by Vice Mayor Jones, City Council APPRO VED the Minutes of the INFORMAL AND FORMAL SESSIONS of November 8, 2005. Voting: 10-0 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, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Jim Reeve November 22,2005 - 25 - Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM #54629 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION November 22, 2005 - 26- Item V-H.]. PUBLIC HEARING ITEM #54630 Mayor Oberndorf DECLARED A PUBLIC HEARING: FARMER'S MARKET LEASE - FLS Corporation T/A The Nesting Box There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. November 22,2005 - 27- Item V-H.2. PUBLIC HEARING ITEM #54631 Mayor Oberndorf DECLARED A PUBLIC HEARING: EXCESS CITY PROPERTY - Fire Station near Seatack Elementary School There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING November 22, 2005 - 28- Item V-H.I. PUBLIC HEARING ITEM #54632 Mayor Oberndorf DECLARED A PUBLIC HEARING: TAXI CAB INCREASE The following speakers registered to speak in SUPPORT: Don Wieland, 425 Burr Oak Court, Phone: 340-3442, represented Yellow Cab in Virginia Beach and requested the meter drop fee be increased to $2.50 Richard L. Yount, 2407 Norfield Court, Phone: 368-0505, represented the Atlantic Coast Cab Company, and advised the making less than minimum wage Stan Slone, 1661 Lola Drive, referenced the following increases in Meter Drop Pees in neighboring localities: Norfolk - $2.75, Newport News - $2.75, and Portsmouth - $2.10. Mr, Slone concurred the meter drop fee should be increased to $2.50 There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. November 22, 2005 - 29- Item V-J. RESOLUTIONS/ORDINANCES ITEM # 54633 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED IN ONE MOTION Items 1, 2, 3a (DEFERRED INDEFINITELY), 3b, 3c(i)(ii) (DEFERRED INDEFINITELY, 4,5,6,7 and 8 of the CONSENT AGENDA. 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 Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Jim Reeve Council Lady McClanan voted a VERBAL NA Yon Item 1.1. (General Obligation Public Improvement Bonds) November 22,2005 - 30- Item V-J.l. RESOLUTIONS/ORDINANCES ITEM # 54634 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Resolution PROVIDING for the issuance and sale of General Obligation Public Improvement Bonds, heretofore authorized, in the maximum amount of $80,000,000 for various public facilities and general improvements. Voting: 9-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: Jim Reeve November 22, 2005 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES 2005, HERETOFORE AUTHORIZED, OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF $80,000,000, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF The issuance of $49,700,000 of bonds of the City of Virginia Beach, Virginia (the "City") was authorized by an ordinance adopted by the City Council of the City of Virginia Beach, Virginia (the "City Council") on May 9, 2000, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, $38,896,170 of which bonds have been issued and sold. The issuance of $59,300,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 14,2002, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, $37,000,000 of which bonds have been issued and sold. The issuance of $61,900,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 13, 2003, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, $18,601,237 of which bonds have been issued and sold. The issuance of $61,000,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 11, 2004, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, none of which bonds have been issued and sold. The issuance of $55,200,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 10, 2005, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, none of which bonds have been issued and sold. It has been recommended to the City Council by representatives of Government Finance Associates, Inc. and ARD Government Finance Group (the "Financial Advisors") that the City issue and sell a series of general obligation public improvement bonds in the maximum principal amount of $80,000,000. The City Council has determined it is in the City's best interest to issue and sell $10,803,830 of the bonds authorized on May 9, 2000; $22,300,000 of the bonds authorized on May 14, 2002; $43,298,763 of the bonds authorized on May 13, 2003; $3,597,407 of the bonds authorized on May 11, 2004; and none of the bonds authorized on May 10,2005. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. Issuance of Bonds. There shall be issued, pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter (Chapter 147 of the Acts of the General Assembly of 1962, as amended) and the Public Finance Act of 1991 (Chapter 26, Title 15.2, Code of Virginia of 1950, as amended), general obligation public improvement bonds of the City in the maximum principal amount of $80,000,000 (the "Bonds"). The proceeds of the Bonds will be used to provide funds to finance, in part, the costs of various public, school, road and highway, coastal, economic and tourism, building and parks and recreation improvements, as more fully described in the ordinances authorizing the Bonds adopted on May 9, 2000, May 14, 2002, May 13, 2003, and May 11, 2004 (collectively, the "Project"), and the costs incurred in connection with issuing the Bonds. 2. Bond Details. The Bonds shall be designated "General Obligation Public Improvement Bonds, Series 2005," or such other designation as may be determined by the City Manager, shall be in registered form, shall be dated such date as may be determined by the City Manager, shall be in denominations of $5,000 and integral multiples thereof and shall be numbered R-1 upward. Subject to Section 8, the issuance and sale of the Bonds are authorized on terms as shall be satisfactory to the City Manager; provided, however, that the Bonds (a) shall have a "true" or "Canadian" interest cost not to exceed 5.50% (taking into account any original issue discount or premium), (b) shall be sold to the purchaser thereof at a price not less than 99.0% of the principal amount thereof (excluding any original issue discount), (c) shall be subject to optional redemption no later than January 15, 2016 at an optional redemption price of no more than 102% ofthe principal amount to be redeemed plus accrued interest to the optional redemption date, and (d) shall mature or be subject to mandatory sinking fund redemptions in annual installments beginning no later than January 15, 2007, and ending no later than January 15, 2026. Principal of the Bonds shall be payable annually on dates determined by the City Manager. Each Bond shall bear interest at such rate as shall be determined at the time of sale, calculated on the basis of a 360-day year of twelve 30-day months, and payable semiannually on dates determined by the City Manager. Principal shall be payable to the registered owners upon surrender of Bonds as they become due at the office of the Registrar (as hereinafter defined). Interest shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the registration books kept by the Registrar on a date prior to each interest payment date that shall be determined by the City Manager (the "Record Date"). Principal, premium, if any, and interest shall be payable in lawful money of the United States of America. Initially, one Bond certificate for each maturity of the Bonds shall be issued to and registered in the name of The Depository Trust Company, New York, New York ("DTC"), or its nominee. The City has heretofore entered into a Blanket Issuer Letter of Representations relating to a book-entry system to be maintained by DTC with respect to the Bonds. "Securities Depository" shall mean DTC or any other securities depository for the Bonds appointed pursuant to this Section 2. -2- ,--- In the event that (a) the Securities Depository determines not to continue to act as the securities depository for the Bonds by giving notice to the Registrar, and the City discharges its responsibilities hereunder, or (b) the City, in its sole discretion, determines (i) that beneficial owners of Bonds shall be able to obtain certificated Bonds or (ii) to select a new Securities Depository, then the City's Director of Finance shall, at the direction of the City, attempt to locate another qualified securities depository to serve as Securities Depository and authenticate and deliver certificated Bonds to the new Securities Depository or its nominee, or authenticate and deliver certificated Bonds to the beneficial owners or to the Securities Depository participants on behalf of beneficial owners substantially in the form provided for in Section 5; provided, that such form shall provide for interest on the Bonds to be payable (A) from the date of the Bonds if they are authenticated prior to the first interest payment date, or (B) from the interest payment date that is or immediately precedes the date on which the Bonds are authenticated (unless payment of interest thereon is in default, in which case interest on such Bonds shall be payable from the date to which interest has been paid). In delivering certificated Bonds, the City's Director of Finance shall be entitled to rely on the records of the Securities Depository as to the beneficial owners or the records of the Securities Depository participants acting on behalf of beneficial owners. Such certificated Bonds will then be registrable, transferable and exchangeable as set forth in Section 7. So long as there is a Securities Depository for the Bonds, (1) it or its nominee shall be the registered owner of the Bonds, (2) notwithstanding anything to the contrary in this Resolution, determinations of persons entitled to payment of principal, premium, if any, and interest, transfers of ownership and exchanges, and receipt of notices shall be the responsibility of the Securities Depository and shall be effected pursuant to rules and procedures established by such Securities Depository, (3) the Registrar and the City shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by the Securities Depository, its participants or persons acting through such participants, (4) references in this Resolution to registered owners of the Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial owners of the Bonds, and (5) in the event of any inconsistency between the provisions of this Resolution and the provisions of the above-referenced Blanket Issuer Letter of Representations, such provisions of the Blanket Issuer Letter of Representations, except to the extent set forth in this paragraph and the next preceding paragraph, shall control. 3. Redemption Provisions. (a) Optional Redemption. The Bonds may be subject to redemption prior to maturity at the option of the City, in whole or in part, at any time on or after dates, if any, determined by the City Manager, but no later than January 15, 2016, at a redemption price equal to the principal amount of the Bonds to be redeemed, together with any interest accrued to the date fixed for redemption, plus a redemption premium not to exceed 2% of the principal amount of the Bonds to be redeemed, such redemption premium to be determined by the City Manager. (b) Mandatory Sinking Fund Redemption. Any term bonds may be subject to mandatory sinking fund redemption upon terms determined by the City Manager. If so determined by the City Manager, the Bonds may provide that the City may take a credit against the mandatory sinking fund redemption obligation of any maturity of term Bonds in -3- the amount of Bonds of the same maturity that have been optionally redeemed or surrendered for cancellation and have not been applied previously as such a credit. If the City wishes to take such a credit, on or before the 70th day next preceding any such mandatory sinking fund redemption date, the City's Director of Finance may instruct the Registrar to apply a credit against the City's mandatory sinking fund redemption obligation for any Bonds of the applicable maturity that have been optionally redeemed or surrendered for cancellation by the City and have not been previously applied as a credit against any mandatory sinking fund redemption obligation for that maturity of the Bonds. Each Bond so previously optionally redeemed or surrendered shall be credited at 100% of the principal amount thereof against the principal amount of such maturity of the Bonds required to be redeemed on such mandatory sinking fund redemption date or dates for such maturity as may be selected by the Director of Finance. (c) Selection of Bonds for Redemption. If less than all of the Bonds are called for optional redemption, the maturities of the Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may be determined to be in the best interest of the City. If less than all of a particular maturity of the Bonds are called for redemption, the Bonds within such maturity to be redeemed shall be selected by the Securities Depository pursuant to its rules and procedures or, if the book-entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000. (d) Redemption Notices. The City shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to the registered owner of the Bonds. The City shall not be responsible for mailing notice of redemption to anyone other than DTC or another qualified Securities Depository or its nominee unless no qualified Securities Depository is the registered owner of the Bonds. If no qualified Securities Depository is the registered owner of the Bonds, notice of redemption shall be mailed to the registered owners of the Bonds. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion thereof will be issued to the registered owner upon the surrender thereof. 4. Execution and Authentication. The Bonds shall be signed by the manual or facsimile signature of the Mayor or Vice-Mayor, shall be countersigned by the manual or facsimile signature of the City Clerk or Deputy Clerk, and the City's seal shall be affixed thereto or a facsimile thereof printed thereon; provided, that if both of such signatures are facsimiles, no Bond shall be valid until it has been authenticated by the manual signature ofthe City Treasurer as Registrar or an authorized officer or employee of any bank or trust company serving as successor Registrar and the date of authentication noted thereon. 5. Bond Form. The Bonds shall be in substantially the form attached to this Resolution as Exhibit A, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officers signing the Bonds, whose approval shall be evidenced conclusively by the execution and delivery ofthe Bonds. -4- 6. Pled2e of Full Faith and Credit. The full faith and credit of the City are irrevocably pledged for the payment of the principal of, premium, if any, and interest on the Bonds. Unless other funds are lawfully available and appropriated for timely payment of the Bonds, the City Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all locally taxable property in the City sufficient to pay when due the principal of, premium, if any, and interest on the Bonds. 7. Re2istration. Transfer and Owners of Bonds. The City Treasurer is appointed paying agent and registrar for the Bonds (the "Registrar"). The City may appoint a qualified bank or trust company as successor paying agent and registrar of the Bonds. The Registrar shall maintain registration books for the registration and registration of transfers of the Bonds. Upon presentation and surrender of any Bonds at the office of the Registrar, or at its designated corporate trust office if the Registrar is a bank or trust company, together with an assignment duly executed by the registered owner or his duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the City shall execute, and the Registrar shall authenticate, if required by Section 4, and shall deliver in exchange, a new Bond or Bonds having an equal aggregate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate and registered in the name as requested by the then registered owner thereof or its duly authorized attorney or legal representative. Any such transfer or exchange shall be at the expense of the City, except that the Registrar may charge the person requesting such transfer or exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Registrar shall treat the registered owner as the person or entity exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as owner on the registration books as of the Record Date. 8. Sale of Bonds. The City Council approves the following terms of the sale of the Bonds. The Bonds shall be sold by competitive bid in a principal amount to be determined by the City Manager, in collaboration with the Financial Advisors, and subject to the limitations set forth in Section 1, and the City Manager shall receive bids for the Bonds and award the Bonds to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the limitations set forth in Section 2. Following the sale of the Bonds, the City Manager shall file a certificate with the City Clerk setting forth the final terms of the Bonds. The actions of the City Manager in selling the Bonds shall be conclusive, and no further action with respect to the sale and issuance of the Bonds shall be necessary on the part of the City Council. 9. Notice of Sale: Bid Form. The City Manager, in collaboration with the Financial Advisors, is authorized and directed to take all proper steps to advertise the Bonds for sale substantially in accordance with the forms of the Official Notice of Sale and the Official Bid Form, which forms are attached as an Appendix to the draft of the Preliminary Official Statement described in Section 10 below, and which forms are approved; provided, that the City Manager, in collaboration with the Financial Advisors, may make such changes in the Official Notice of Sale -5- and the Official Bid Form not inconsistent with this Resolution as he may consider to be in the best interest of the City. 10. Official Statement. A draft of a Preliminary Official Statement describing the Bonds, a copy of which has been provided or made available to each member of the City Council, is approved as the form of the Preliminary Official Statement by which the Bonds will be offered for sale, with such completions, omissions, insertions and changes not inconsistent with this Resolution as the City Manager, in collaboration with the Financial Advisors, may consider appropriate. After the Bonds have been sold, the City Manager, in collaboration with the Financial Advisors, shall make such completions, omissions, insertions and changes in the Preliminary Official Statement not inconsistent with this Resolution as are necessary or desirable to complete it as a final Official Statement, execution thereof by the City Manager to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. The City shall arrange for the delivery to the purchaser of the Bonds of a reasonable number of copies of the final Official Statement by the earlier of seven business days after the Bonds have been sold or the date of issuance of the Bonds, for delivery to each potential investor requesting a copy of the Official Statement and for delivery to each person to whom such purchaser initially sells Bonds. 11. Official Statement Deemed Final. The City Manager is authorized, on behalf of the City, to deem the Preliminary Official Statement and the Official Statement in final form, each to be final as of its date within the meaning of Rule 15c2-12 ("Rule 15c2-12") of the Securities and Exchange Commission (the "SEC"), except for the omission in the Preliminary Official Statement of certain pricing and other information permitted to be omitted pursuant to Rule 15c2- 12. The distribution of the Preliminary Official Statement and the Official Statement in final form shall be conclusive evidence that each has been deemed final as of its date by the City, except for the omission in the Preliminary Official Statement of such pricing and other information permitted to be omitted pursuant to Rule 15c2-12. 12. Preparation and Delivery of Bonds. After bids have been received and the Bonds have been awarded to the winning bidder, the officers of the City are authorized and directed to take all proper steps to have the Bonds prepared and executed in accordance with their terms and to deliver the Bonds to the purchaser thereof upon payment therefor. 13. Arbitra2e Covenants. The City covenants that it shall not take or omit to take any action the taking or omission of which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, and regulations issued pursuant thereto (the "Code"), or otherwise cause interest on the Bonds to be includable in the gross income of the registered owners thereof under existing laws. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the United States any part of the earnings derived from the investment of the gross proceeds of the Bonds, unless the City receives an opinion of nationally recognized bond counsel that such compliance is not required to prevent interest on the Bonds from being includable in the gross income of the registered owners thereof under existing law. The City shall pay any such required rebate from its legally available funds. -6- 14. Non-Arbitrae:e Certificate and Elections. Such officers of the City as may be requested are authorized and directed to execute an appropriate certificate setting forth the reasonably expected use and investment of the proceeds of the Bonds in order to show that such reasonably expected use and investment will not violate the provisions of Section 148 of the Code, and any elections such officers deem desirable regarding rebate of earnings to the United States, for purposes of complying with Section 148 of the Code. Such certificate and elections shall be in such form as may be requested by bond counsel for the City. 15. Limitation on Private Use. The City covenants that it shall not permit the proceeds of the Bonds or the facilities financed with the proceeds of the Bonds to be used in any manner that would result in (a) 5% or more of such proceeds or ofthe facilities financed with such proceeds being used in a trade or business carried on by any person other than a governmental unit, as provided in Section 141 (b) of the Code, (b) 5% or more of such proceeds or the facilities being financed with such proceeds being used with respect to any output facility (other than a facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds being used directly or indirectly to make or finance loans to any person other than a governmental unit, as provided in Section 141 (c) of the Code; provided, that if the City receives an opinion of nationally recognized bond counsel that any such covenants need not be complied with to prevent the interest on the Bonds from being includable in the gross income for federal income tax purposes of the registered owners thereof under existing law, the City need not comply with such covenants. 16. Investment Authorization. The City Council hereby authorizes the Director of Finance to direct the City Treasurer to utilize either or both ofthe State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") and the Virginia Arbitrage & Investment Management Program ("AIM") in connection with the investment of the proceeds of the Bonds, if the City Manager and the Director of Finance determine that the utilization of either SNAP or AIM is in the best interest of the City. The City Council acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the SNAP Contract. 17. Continuine: Disclosure Ae:reement. The Mayor, the City Manager and such officer or officers ofthe City as either may designate are hereby authorized and directed to execute and deliver a continuing disclosure agreement setting forth the reports and notices to be filed by the City and containing such covenants as may be necessary to assist the purchaser of the Bonds in complying with the provisions of Rule 15c2-12. Such continuing disclosure agreement shall be substantially in the form attached as an Appendix to the draft of the Preliminary Official Statement described in Section 10 above, which form is approved with such completions, omissions, insertions and changes that are not inconsistent with this Resolution. 18. Other Actions. All other actions of officers of the City and of the City Council in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds are hereby ratified, approved and confirmed. The officers of the City are authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the issuance, sale and delivery of the Bonds. -7- 19. Repeal of Conflictim! Resolutions. All resolutions or parts of resolutions in conflict herewith are repealed. 20. Effective Date. This Resolution shall take effect immediately. ADOPTED: November 22, 2005 Exhibit A - Form of Bonds -8- Exhibit A - Form of Bonds Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange or payment, and this certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED No.R- REGISTERED $ UNITED STATES OF AMERICA COMMONWEAL TH OF VIRGINIA CITY OF VIRGINIA BEACH General Obligation Public Improvement Bond Series 2005 INTEREST RATE MATURITY DATE DATED DATE CUSIP 927734 % January 15, 20_ December _, 2005 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach, Virginia (the "City"), for value received, promises to pay, upon surrender hereof to the registered owner hereof, or registered assigns or legal representative, the Principal Amount stated above on the Maturity Date stated above, subject to prior redemption as hereinafter provided, and promises to pay interest hereon from the Dated Date stated above on each January 15 and July 15, beginning July 15, 2006, at the annual Interest Rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Principal, premium, if any, and interest are payable in lawful money of the United States of America by the City Treasurer, who has been appointed Registrar (the "Registrar"). The City may appoint a qualified bank as successor paying agent and registrar for the bonds. Notwithstanding any other provision hereof, this bond is subject to a book-entry system maintained by The Depository Trust Company ("DTC"), and the payment of principal, premium, if any, and interest, the providing of notices and other matters shall be made as described in the City's Blanket Issuer Letter of Representations to DTC. This bond is one of an issue of $80,000,000 General Obligation Public Improvement Bonds, Series 2005 (the "Bonds"), of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption and maturity, and is issued pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991. The Bonds have been authorized by ordinances adopted by the City Council of the City of Virginia Beach (the "City Council") on May 9, 2000, May 14, 2002, May 13, 2003, and May 11, 2004, and are being issued pursuant to a resolution adopted by the City Council on November 22, 2005 (the "Bond Resolution"), to finance various public, school, road and highway, coastal, economic and tourism, building and parks and recreation improvements and to pay costs of issuance of the Bonds. The Bonds maturing on or before January 15,20_, are not subject to optional redemption prior to maturity. The Bonds maturing on or after January 15, 20_, are subject to redemption prior to maturity at the option of the City on or after January 15, 20_, in whole or in part at any time (in any multiple of $5,000), upon payment of the following redemption prices (expressed as a percentage of principal amount of the Bonds to be redeemed) plus interest accrued and unpaid to the date fixed for redemption: Period During Which Redeemed (Both Dates Inclusive) Redemption Price The Bonds maturing on January 15, 20_, are required to be redeemed in part before maturity by the City on January 15 in the years and amounts set forth below, at a redemption price equal to 100% of the principal amount of the Bonds to be redeemed, plus interest accrued and unpaid to the date fixed for redemption: Year Amount Year Amount The Bond Resolution provides for a credit against the mandatory sinking fund redemption of the Bonds maturing on January 15, 20_ in the amount of Bonds of the same maturity that have been optionally redeemed or surrendered for cancellation and have not been applied previously as such a credit. If less than all of the Bonds are called for optional redemption, the maturities of the Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may be determined to be in the best interest of the City. If less than all the Bonds of a particular maturity are called for redemption, the Bonds within such maturity to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000. A-2 The City shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to DTC or its nominee as the registered owner hereof. If a portion of this bond is called for redemption, a new Bond in the principal amount of the unredeemed portion hereof will be issued to the registered owner upon surrender hereof. The full faith and credit of the City are irrevocably pledged for the payment of principal of, premium, if any, and interest on this bond. Unless other funds are lawfully available and appropriated for timely payment of this bond, the City Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all taxable property within the City sufficient to pay when due the principal of, premium, if any, and interest on this bond. The Registrar shall treat the registered owner of this bond as the person or entity exclusively entitled to payment of principal of and interest on this bond and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as the owner on the registration books on the first day of the month preceding each interest payment date. In the event a date for the payment of principal, redemption price, or interest on this bond is not a business day, then payment of principal, redemption price, and interest on, this bond shall be made on the next succeeding day which is a business day, and if made on such next succeeding business day, no additional interest shall accrue for the period after such payment or redemption date. All acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and the issue of Bonds of which this bond is one, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond to be signed by its Mayor, to be countersigned by its Clerk, its seal to be affixed hereto, and this bond to be dated the Dated Date stated above. COUNTERSIGNED: (SEAL) Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach, Virginia A-3 ASSIGNMENT FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s) unto: (Please print or type name and address, including postal zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE: the within bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer said bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by (Signature of Registered Owner) an Eligible Guarantor Institution such as a NOTICE: The signature above must Commercial Bank, Trust Company, Securities correspond with the name of the registered Broker/Dealer, Credit Union or Savings owner as it appears on the front of this bond in Association who isa member of a medallion every particular, without alteration or program approved by The Securities Transfer enlargement or any change whatsoever. Association, Inc. #1404350v4 205182.000118 A-4 Requires an affirmative vote by a majority of the members of the City Council. Adopted by the City Council of the City of Virginia Beach, Virginia, this 22nd day of November, 2005. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~PwjU M~ mance Department ,-ltJl.m.f !J!7f-!h. City Attorney's Office CERTIFICATE The undersigned Clerk of the City Council of the City of Virginia Beach, Virginia (the "City Council"), certifies that: 1. A meeting of the City Council was held on November 22, 2005, at the time and place established and noticed by the City Council, at which the members of the City Council were present or absent as noted below. The foregoing Resolution was adopted by a majority of the members of the City Council, by a roll call vote, the ayes and nays being recorded in the minutes of the meeting as shown below: PRESENT/ABSENT: VOTE: Meyera E. Oberndorf, Mayor Louis R. Jones, Vice Mayor Harry E. Diezel Robert M. Dyer Richard Maddox Reba S. McClanan J. M. Reeve Peter W. Schmidt Ronald John A. Villanueva Rosemary Wilson James L. Wood / -- / -- / -- / -- / -- / -- / -- / -- / -- / -- / 2. The foregoing Resolution is a true and correct copy of such Resolution as adopted on November 22, 2005. The foregoing Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my signature and the seal of the City of Virginia Beach, Virginia, this _ day of November, 2005. Clerk, City Council of the City of Virginia Beach, Virginia (SEAL) l404350v4 205182.000118 - 31 - Item V-J.2. RESOLUTIONS/ORDINANCES ITEM # 54635 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Resolution to ADOPT the findings in the Formal Needs Assessment Report and A UTHORIZE the City Manager to issue a Request for Formal Renewal Proposal to Cox Communications of Hampton Roads, LLC for their cable television franchise. 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. OberndorJ, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Jim Reeve November 22, 2005 1 2 3 4 5 6 7 A RESOLUTION ADOPTING THE FINDINGS SET FORTH IN THE FORMAL NEEDS ASSESSMENT REPORT AND AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR FORMAL RENEWAL PROPOSAL TO COX COMMUNICATIONS OF HAMPTON ROADS, LLC 8 WHEREAS, cable television service is provided to residents 9 of the City of Virginia Beach ("City") pursuant to a franchise 10 agreement between the City and Cox Communications Hampton Roads, 11 LLC ("Cox"); 12 WHEREAS, the City's cable television franchise agreement 13 with Cox expires in May 2006; 14 WHEREAS, in preparation for renewal negotiations, the City 15 prepared a Formal Needs Assessment Report ("Report"); 16 WHEREAS, the Report includes several studies identifying 17 the cable-related needs and interests of the City's cable 18 subscribers and evaluating the cable system operated by Cox; 19 WHEREAS, the Report was used by staff as the basis for 20 identifying the City's cable needs; 21 WHEREAS, in an effort to obtain a favorable renewal 22 franchise agreement, staff recommends that the City proceed in 23 its negotiations with Cox according to the formal renewal 24 process set forth in 47 U.S.C. ~546 (a-g); 25 WHEREAS, under the formal renewal process, the City will 26 issue a Request for Formal Renewal Proposal ("Request") inviting 27 Cox to submit to the City a cable franchise formal renewal 28 proposal describing the cable-related facilities, equipment, and 29 services it proposes to provide in the City during the franchise 30 renewal term; and 31 WHEREAS, as part of the Request, the City will provide a 32 proposed Model Franchise that includes the City's cable needs 33 and interests, as identified in the Report, and is intended to 34 serve as a model for the final franchise agreement that will be 35 entered into by the City. 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 37 OF VIRGINIA BEACH, VIRGINIA: 38 That City Council hereby: 39 1. Adopts the findings set forth in the Formal Needs 40 Assessment Report and confirms that the cable needs and 41 interests identified in the Report are representative of the 42 City's cable needs and interests; and 43 2 . Authorizes the City Manager to issue a Request for 44 Formal Renewal Proposal to Cox. 45 Adopted by the City Council of Virginia Beach, Virginia on 46 this 22nd day of November , 2005. APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICIENCY: <J~~e.A- Co T A~ L. /1." City AttorneY'S~iCe CA9801 H:\PA\GG\OrdRes\Cox res R-2 November 15, 2005 - 32- Item V-J.3a.c.(i)(ii) RESOLUTIONS/ORDINANCES ITEM # 54636 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council DEFERRED INDEFINITELY: Ordinances to AMEND City Code: a. 997-1, 7-65, 7-66, 7-67 and 7-68 re regulation of golf carts and utility vehicles c Deferred Compensation Plan (i.) AMEND ~J 2-121,2-122 and 1-123 re the Deferred Compensation Plan and Board Membership (ii) Resolution to provide a Deferred Compensation Investment Policy 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, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Jim Reeve November 22,2005 - 33- Item V-J.3b. RESOLUTIONS/ORDINANCES ITEM # 54637 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Ordinance to AMEND City Code: b. 9 6-114 re restrictions launching, landing, parking or stationing recreational vessels in certain areas Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Jim Reeve November 22,2005 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO AMEND SECTION 6-114 OF THE CITY CODE, PERTAINING TO THE RESTRICTIONS ON LAUNCHING, LANDING, PARKING OR STATIONING RECREATIONAL VESSELS IN CERTAIN AREAS Section Amended: City Code Section 6-114 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 6-114 of the City Code is hereby amended and 12 reordained, to read as follows: Sec. 6-114. Restrictions on launching, landing, parking or stationing recreational vessels in certain areas. 13 14 15 16 (a) It shall be unlawful for any person to launch or land a 17 sailboat, motorboat, motorized personal watercraft, canoe, rowboat, 18 flatboat, kayak, umiak, scull or any other similar recreational 19 vessel on the beach area north of Rudee Inlet to the center line of 20 42nd Street prolongated eastward, during the resort season between 21 the hours of 10:00 a.m. and 4:00 p.m. weekdays and 10:00 a.m. and 22 6:00 p.m. weekends and holidays. The provisions of this subsection 23 shall not be applicable to any person who is awarded a contract, 24 based upon competitive procurement principles, to conduct an 25 operation for the rental of designated recreational vessel(s) or to 26 any person who rents a vessel from an authorized rental operator 27 provided the vessel(s) so rented is launched or landed within the 28 area designated in such contract. 29 (b) It shall be unlawful for any person to park or station a 30 sailboat, motorboat, motorized personal watercraft, canoe, rowboat, 31 flatboat, kayak, umiak, scull or other similar recreational vessel 32 on the beach area north of Rudee Inlet to the center line of 42nd 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Street prolongated eastward, with the following exceptions: (1) In an emergency; (2) With an approved race or regatta permit; (3) In the process of launching or landing a vessel specified above in the areas and during the time periods permitted in subsection (a) of this section; or (4) Pursuant to a contract in accordance with the provisions of subsection (a) of this section. (c) It shall be unlawful for any person to launch, land, park or station a motorboat or motorized personal watercraft on the beach between the area north of the center line of 42nd Street prolongated eastward and the southern boundary line of Fort Story, except in an emergency or with an approved race or regatta permit. (d) It oh~ll be unl~',:ful for ~ny peroon to l~unch, l~nd, p~rk or ot~tion ~ o~ilbo~t on the be~ch bet~een the ~re~ north of the center line of 42nd Street prolong~ted e~otw~rd ~nd the oouthern bound~ry line of Fort Story ~ithout ~ permit from the city m~n~gcr, ',:i th the follo',:ing exceptiono: (1) In ~n emergency; or (2) With ~n ~pproved r~ce or reg~tt~ permit. (e) Permito will be iooued by the city m~n~ger for o~ilbo~to to be l~unched, l~nded, p~rked or ot~tioned on the be~ch bet'.:een the ~re~ north of the center line of 42nd Street prolong~ted e~ot'.:~rd ~nd the oouthern bound~ry line of Fort Story under the follo~ing conditiono: 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 (1) The permit to be i88ued on ~ firot eome fir8t 8er~e b~oi8 8ubjeet to 8uboeetion8 (i) ~nd (j) of thio oection. (2) The city m~n~ger oh~ll limit the number of permit8 to four (1) 8~ilbo~to per block bet'"een the ~re~ north of the center line of 42nd Street prolong~ted e~8t\J~rd ~nd the center line of 57th Street prolong~ted e~8t',J~rd; 8e~en (7) o~ilbo~to per block bet,Jeen the ~re~ north of the center line of 57th Street prolong~ted e~8tw~rd ~nd the center line of 77th Street prolong~ted e~8t\J~rd; ~nd t'"Tel~e (12) 8~ilbo~to per block bebJeen the ~re~ north of the center line of 77th Street prolong~ted e~otw~rd to the 80uthern bound~ry line of Fort Story. (3) ^ o~ilbo~t h~ving ~ ~~lid permit under thi8 oub8ection m~y be l~unched, l~nded, p~rked or 8t~tioned on the be~ch ~re~ in front of ~ny block bet,Jeen 12nd Street ~nd Fort Story ~8 long ~8 the rn~ximum number, ~8 oet forth in (2) ~bo~e i8 not exceeded. If the m~2dmum number ~o oet forth in (2) ~bove io e2cceeded, then the 8~ilbo~t th~t doe8 not h~ve ~ permit for th~t p~rticul~r block 8h~11 be in ~iol~tion of thio 8ection. ( 4) Permi t8 ~re TvT~lid only for the month of H~rch through the month of October for the ye~r in ,Jhich the permit ~~8 i08ued. (5) Permit8 muot be rene~ed ~nnu~lly. (6) The ~nnu~l permit fee oh~ll be thirty doll~r8 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 and holidays, except as hereafter provided: (1) Watercraft may be launched or landed in an emergency or for law enforcement purposes. (2) Commercial fishing boats operating from the beaches by permission of the Virginia Division of Parks and Recreation shall be exempt from the restrictions of this article. M +ff- It shall be unlawful for any person to launch, land, park or station a sailboat, motorboat, motorized personal watercraft, canoe, rowboat, flatboat, kayak, umiak, scull or any other similar recreational vessel on the beach area between the western end of the Lesner Bridge continuing southwest along the shoreline of the Lynnhaven Turning Basin and then west to the Lynnhaven Boat Ramp at Crab Creek with the following exceptions: (1) In an emergency; or (2) With an approved race or regatta permit. (f) In addition to the other provisions of this section, sailboats parked on the beach shall be subject to the following restrictions: (1) It shall be unlawful to park or station a sailboat on any sand dune or in front of any access point or street end. (2) It shall be unlawful to drive any type of anchor into the beach to secure a sailboat, unless approved by the Director of the Department of Public Works as to 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 type, size and location. (3) It shall be unlawful to secure a sailboat to fixtures or structures on the beach. lsl+fl+ Any police officer of the City of Virginia Beach is hereby authorized to remove and impound or have removed and impounded any vessel which appears to be in violation of this section or which is lost, stolen, abandoned or unclaimed. In addition to the fine imposed for a violation of this section, such vessel shall be removed and impounded at the owner's expense until lawfully claimed or disposed of. ill-H+ Any person who shall violate any of the provisions of this section shall be guilty of a Class 4 misdemeanor. (j) If ~ny peroon holding ~ permit under thio oection h~o three (3) or more convictions, or findings of not innocent in the c~se of ~ jU'v'enile, of 'v'iol~ting thio oection or oection 6 115 Hi thin the permit period, the ci ty m~n~ger oh~ll revoke th~t peroon's permit. Th~t peroon oh~ll not be eligible for ~nother permit for the o~me permit period. (k) l\.ny person ',:ho h~s six (6) or more convictions, or findings of not innocent in the c~se of ~ juvenile, of viol~ting thio oection or oection 6 115 ~ithin ~ny t~o ye~r period sh~ll not be iooued ~ permit by the city m~n~ger under this section for the next two (2) ye~ro. Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day of November, 2005. - 34- Item V-J.4.a.b. RESOLUTIONS/ORDINANCES ITEM # 54638 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Ordinance re EXCESS PROPERTY adjacent to the Fire Training Center: a, DECLARE City-owned land at rear of Seatack Elementary School as excess property b. AUTHORIZE the purchase of9,3 acres by: (i) Exchange of a one (1) acre parcel (ii) Purchase 8.3 acre parcel Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA. Maddox, Mayor Meyera E. Oberndorf, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Jim Reeve November 22,2005 1 ORDINANCE NO. 2 3 4 AN ORDINANCE (1) DECLARING AS EXCESS 5 CERTAIN CITY-OWNED PROPERTY 6 LOCATED AT THE REAR OF SEATACK 7 ELEMENTARY SCHOOL AND (2) 8 AUTHORIZING THE PURCHASE OF 9.3 9 ACRES BY (A) EXCHANGE OF A ONE ACRE 10 PARCEL AND (B) PURCHASE OF THE 11 REMAINING 8.3 ACRES OF PROPERTY 12 ADJACENT TO THE FIRE TRAINING 13 CENTER 14 15 WHEREAS, the City of Virginia Beach (the "City") is the owner ofa parcel ofreal property 16 containing approximately 59.4::1: acres, which property is identified and depicted in blue on the 17 attached Exhibit A and includes the site of Seatack Elementary School (the "School Property"); 18 WHEREAS, the City is also the owner of a parcel of real property containing approximately 19 74 acres, which property is identified and depicted in blue on the attached Exhibit A and includes the 20 site ofthe City's Fire Training Center; 21 WHEREAS, OB Land, LLC, a Virginia limited liability company ("OB Land"), operating as 2 2 Ocean Breeze Fun Park, is the owner of a parcel of real property which abuts the School Property 23 and is identified and depicted in green on the attached Exhibit A; 24 WHEREAS, OB Land's improvements encroach on to approximately one acre ofthe School 25 Property (the "Excess Property") as shown in red on the attached Exhibit A; 26 WHEREAS, OB Land has requested that the City of Virginia Beach declare as excess and 27 convey to OB Land the Excess Property; 28 WHEREAS, Edward S. Garcia, Jr., Trustee of the Fame Liquidation Land Trust (1990) 29 ("Fame") is the owner of a certain parcel of real property containing approximately 9.3 ::I: acres (the 30 "Fame Property"), which property is also identified and depicted in green on the attached Exhibit A 31 and abuts the City's Fire Training Center; 32 WHEREAS, the City has identified the Fame Property as a suitable and appropriate site for 33 the expansion of the Fire Training Center and for the location of a FEMA storage facility; 34 WHEREAS, the City of Virginia Beach, OB Land and Fame have agreed to the terms of 35 a proposed exchange of the Excess Property for the Fame Property pursuant to an Exchange 36 Agreement, a summary of which is attached hereto as Exhibit B (the "Exchange Agreement"); 37 WHEREAS, the Exchange Agreement includes the payment by the City to the owner of 38 the Fame Property of$106,585 (the "Equalization Payment") which is the difference in assessed 39 values between the Excess Property and the Fame Property; and 40 WHEREAS, sufficient funding exists in CIP 3-368 Various Site Acquisitions to pay the 41 Equalization Payment. 42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF 43 THE CITY OF VIRGINIA BEACH, VIRGINIA: 44 45 DECLARATION OF EXCESS PROPERTY 46 47 1. That the approximately I-acre of real property owned by the City of Virginia 48 Beach identified and depicted in red on the attached Exhibit A (the "Excess Property") is hereby 49 declared to be in excess of the needs of the City. 50 2. That the City Council hereby authorizes the transfer ofthe Excess Property to 51 OB Land, LLC to be incorporated into Ocean Breeze Fun Park. 52 ACCEPTANCE OF FAME PROPERTY 53 AND PAYMENT OF EQUALIZATION PAYMENT 54 2 55 3. That the City Council hereby authorizes the acceptance from Edward S. 56 Garcia, Jr., Trustee ofthe Fame Liquidation Land Trust (1990) of approximately 9.3 acres identified 57 and depicted in green on the attached Exhibit A (the "Fame Property") in exchange for the Excess 58 Property. 59 4. That the City Council further authorizes payment from CIP 3-368 Various Site 60 Acquisitions of the amount of $106,585 (the "Equalization Payment") to the owner of Fame 61 Property, representing the difference in assessed values between the Excess Property and the Fame 62 Property. 63 EXCHANGE AGREEMENT 64 5. The City Council hereby approves the terms of the property exchange 65 described herein and authorizes the City Manager to execute a Property Exchange Agreement, a 66 summary of which is attached hereto as Exhibit B. 67 6. That the City Manager or his designee is further authorized to execute all other 68 documents that may be necessary or appropriate in connection with the property exchange described 69 herein, including, without limitation, a deed of conveyance for the Excess Property and the 70 acceptance of the deed for the Fame Property, so long as such documents are customary in real 71 estate exchange transactions and are acceptable to the City Manager and the City Attorney. 72 This Ordinance shall be effective from the date of its adoption. 73 Adopted by the Council ofthe City of Virginia Beach, Virginia, on the 22nd day 74 of November ,2005. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. 3 CA9520 R-6 F:\Data\ATY\OID\REAL ESTATE\Excess\Seatack-Fire Training CA9520\ord v6,doc October 26, 2005 Approved as to Content: Approved as to Legal Sufficiency ~, c.~ lic Works !JJa4j J~ City Atto 4 ~Hr13'T A Legend _ Garcia Property D City Property _ Parcel Exchange DISCLAIMER: The data is provided "os i." and the City of Vwglnia BelIch expreaaIy dlaclalm. a UCC, and othBfWlse, ex_. or implied including paIticuIar ~ and fu disclaim. responsibility for all incidental, conaequantlal or apecial dlllll8glll aria connection With the UI8 or perform"""" of the data. The .- acknowtedgea th warranty and wolv.. all warranliea __ or implied and _eo any damagas incldantal, conaaquantlal or .peciel, arialng out of or in comadlon performance of the data. Exhibit B SUMMARY OF TERMS EXCHANGE OF EXCESS CITY PROPERTY LOCATED AT THE REAR OF SEATACK ELEMENTARY SCHOOL CITY OBLIGA nONS: · City conveys approximately 1.07:.1: acres ("Excess Property") located at rear of Seatack Elementary School to OB Land, Inc. for incorporation into Ocean Breeze Fun Park · City accepts conveyance from Edward S. Garcia, Jr., Trustee Fame Liquidation Land Trust (1990) ("Fame") of 9.3:.1: acres located adjacent to City's Fire Training Center ("Fame Property") · City pays $106,585 equalization payment (representing tax assessment differential between Excess Property and Fame Property) to Fame FAME/OB LAND OBLIGATIONS: · Fame conveys Fame Property to City of Virginia Beach and accepts $106,585 equalization payment · OB Land, LLC accepts Excess Property and incorporates Excess Property into Ocean Breeze Fun Park by resubdividing and eliminating all interior lot lines. · OB Land, LLC to relocate 6 foot fence encroaching into City's 50' drainage easement on Seatack Elementary School Property - 35 - Item V-J. 5. RESOLUTIONS/ORDINANCES ITEM # 54639 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Ordinance to A UTHORIZE the City Manager to renew leased Spaces Nos, 1 and 2 at the Farmer's Market to FLS Corporation, tfa The Nesting Box 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, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Jim Reeve November 22,2005 I 1 2 3 4 5 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO LEASE SPACE AT THE VIRGINIA BEACH FARMERS MARKET WHEREAS, the City of Virginia Beach has leased spaces at 6 the Farmers Market since its inception; 7 WHEREAS, FLS Corporation, t/a Nesting Box wishes to lease a 8 space at the Farmers Market; and 9 WHEREAS, a public hearing concerning the proposed lease has 10 been advertised and conducted. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 12 OF VIRGINIA BEACH, VIRGINIA: 13 That the City Manager or his designee is hereby authorized 14 on behalf of the City of Virginia Beach to enter into a lease 15 agreement from December 1, 2005 through November 30, 2008 with 16 FLS Corporation, t/a Nesting Box for Spaces #1 and #2 at the 17 Farmers Market. A summary of the material terms of such lease 18 is hereby attached. 19 Adopted by the City Council of Virginia Beach, Virginia on 20 this 22nd day of November , 2005. APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICIENCY: -A~~ 'l. (L.?'!t City Attorney's fflce CA9792 H:\PA\GG\OrdRes\Farmers Market ord (2) R-2 November 2, 2005 SUMMARY OF MATERIAL TERMS LEASE FOR RETAIL SPACE AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: FLS Corporation t/a The Nesting Box TERM: December 1, 2005 through November 30, 2008 RENT: $538 per month RIGHTS AND RESPONSIBILITIES OF LESSEE: . Use leased space for retail enterprise consistent with the purpose of the Farmers Market. Specifically, Lessee will sell handcrafted birdhouses, bird feed and related items. . Maintain leased space, including heating and air conditioning units; pay all assessed fees. . Purchase commercial general liability insurance. . Keep business open during hours of Farmers Market operation. RIGHTS AND RESPONSIBILITIES OF CITY: . Maintain common areas of the Farmers Market and structural elements of the leased space. . Pay for water, sewer and electrical service. TERMINATION: City may terminate lease by providing Lessee sixty (60) days notice. " , " ' fJl . ~ :::j n. -1 I 0 I I C J '--, I' n I I ~Dll-. ^ I I q ;:iIO I Fr- O 0 [J 1] /" /" /" /" /" -" / /" /" , // \ // ~ // I ~/ . I __ \.. _- ~~~_J r~~~JE~~ - 0(".--".--- . / \' ~~ / f- II ~ MAP SHOWING ENCROACHMENT REQUEST FOR ROUSE I LLC AND COMP GPINS 1467-82-5496 and 1467-82-4604 SCALE: 1" = 200' PREPARED BY PM' ENG. DRAFT. 12-0CT-2005 - 36- Item V-J.6.a. RESOLUTIONS/ORDINANCES ITEM # 54640 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Ordinance to A UTHORIZE a temporary encroachment into portions of City property: Rouse Drive by ROUSE I, LLC to install and maintain PVC conduit for telephone and computer lines, The following conditions shall be required: 1. The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval, 2. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removedfrom the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 3. The applicant shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney'sfees in case it shall be necessary to file or defend an action arising out of the location or existence of the temporary encroachment. 4, Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 5, The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 6. The applicant must submit and have approved a traffic control plan before commencing work in the encroachment area, 7. The applicant agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. 8. The applicant must obtain a permit from the Office of the Planning Department prior to commencing any construction within the encroachment area. November 22,2005 Item V-J.6.a. - 37- RESOLUTIONS/ORDINANCES ITEM # 54640 (Continued) 9, Prior to issuance of a right-of-way permit, the applicant must post a bond or other security in accordance with the engineer's cost estimate to the Office of the Planning Department. 10. The applicant must obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional insured or loss payee, as applicable. The applicant agrees to carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant will provide endorsements providing at least thirty (30) days/written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. 11. The temporary encroachment must conform to the minimum setback requirements, as established by the City. 12. The applicant must submit for review and approval, a survey for the encroachment area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department 13. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment,. and, pending such removal, the City may charge the applicant for the use of the encroachment area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and, if such removal shall not be made within the time ordered herein above, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. November 22,2005 - 38- Item V-J.6.a. RESOLUTIONS/ORDINANCES ITEM # 54640 (Continued) 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, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Jim Reeve November 22,2005 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO A 5 PORTION OF THE CITY'S RIGHT- 6 OF-WAY KNOWN AS ROUSE DRIVE 7 BY ROUSE I LLC, A VIRGINIA 8 LIMITED LIABILITY COMPANY AND 9 COMP, A VIRGINIA GENERAL 10 PARTNERSHIP, THEIR ASSIGNS 11 AND SUCCESSORS IN TITLE 12 13 WHEREAS, Rouse I LLC, a Virginia limited liability company 14 and Comp, a Virginia general partnership (affiliated companies) 15 desire to install and maintain a 150', 4" diameter PVC conduit 16 for telephone and computer lines within a portion of the City's 17 right-of-way known as Rouse Drive. 18 WHEREAS, City Council is authorized pursuant to ~~ 15.2- 19 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 20 authorize temporary encroachments into a portion of the City's 21 right-of-way subject to such terms and conditions as Council may 22 prescribe. 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 That pursuant to the authority and to the extent thereof 26 contained in ~~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, 27 as amended, Rouse I LLC, a Virginia limited liability company, 28 and Comp, a Virginia general partnership, their assigns and 29 successors in title are authorized to install and maintain a 30 temporary encroachment for a 150', 4" PVC conduit for telephone 31 and computer lines in a portion of the City's right-of-way as 32 shown on the map marked Exhibit "Af/ and entitled: "CONDUIT 33 ROUTING PLAN OF PROPERTY OF ROUSE 1, LLC, f/ a copy of which is on 34 file in the Department of Public Works and to which reference is 35 made for a more particular description; and 36 37 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly subject to those terms, conditions and criteria 38 contained in the Agreement between the City of Virginia Beach 39 and Rouse I LLC, a Virginia limited liability company, and Comp, 40 a Virginia general partnership (the "Agreementf/), which is 41 attached hereto and incorporated by reference; and 42 BE IT FURTHER ORDAINED, that the City Manager or his 43 authorized designee 44 Agreement; and is hereby authorized to execute the 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in 46 effect until such time as Rouse I LLC, a Virginia limited 47 liability company, and Comp, a Virginia general partnership and 48 the City Manager or his authorized designee execute the 49 Agreement. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day of November , 2005. 2 APPROVED AS TO CONTENTS ~g C. ~tY\ NATURE (\)-:) Pi!) [fAI [: I5tzdr DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM CI CA - 9702 PREPARED: 10/27/05 X:\Projects\Encroachments\Applicants\Rouse Drive - 4 inch conduit - PHA\Ordinance Encroachment.Frm.doc F: IDatalATYIOIDIREAL ESTATEIEncroachmentslpw OrdinanceslCA9702 Rouse I, LLC lCornp.doc 3 PREPARED BY VIRGfNIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDA TION TAXES UNDER SECTION 58.1-8lI(C) (4) THIS AGREEMENT, made this -ft day of (3~ , 200~, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and ROUSE I LLC, A VIRGINIA LIMITED LIABILITY COMPANY, AND COMP, A VIRGINIA GENERAL PARTNERSHIP, THEIR ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee are the owners of those certain lots, tracts, or parcels of land designated and described as "NOW OR FORMERLY CLARENCE HARRIS," as shown on that certain plat entitled "PLAT OF PROPERTY TO BE CONVEYED TO WINSTON G. SNIDER + SAM L. HAKIM KEMPSVILLE BOROUGH VIRGINIA BEACH, VIRGINIA," and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Map Book 102, at page 18; and designated and described as "#5034 & #5032," as shown on that certain plat entitled "PHYSICAL SURVEY PROPERTY KNOWN AS #5034 & 5032 ROUSE DRIVE VIRGINIA BEACH, VIRGINIA FOR DENNIS R. STUVER," said plat recorded in the aforesaid Clerk's Office in Deed Book 2246, at page 1020; and also designated and described as ".62 Ac.," as shown on that certain plat entitled "PROPERTY OF ALFRED MCCLENNEY LOCATED NEAR EUCLID - IN - PRINCESS ANNE CO., VA.," said plat recorded in the aforesaid Clerk's Office in Deed Book 339, at page 364, and being further designated and described as 5033 Rouse Drive, Virginia Beach, Virginia 23462, GPIN 1467-82-5496 and also GPIN 1467-82-4604; GPIN: NO GPIN ASSIGNED TO RIGHT OF WAY 1467-82-5496 and 1467-82-4604 WHEREAS, it is proposed by the Grantee to install and maintain 150', of 4" diameter PVC conduit for telephone and computer lines, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in installing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right of way known as Rouse Drive "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "CONDUIT ROUTING PLAN OF PROPERTY OF ROUSE 1, LLC," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The 2 Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in The Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Planning Department prior to commencing any construction within The Encroachment Area. 3 It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post a bond or other security, in accordance with their engineer's cost estimate, to the Office of Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee al so agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback9<fequirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary 4 Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection oflocal or state taxes. IN WITNESS WHEREOF, the said Rouse I LLC, a Virginia limited liability company, has caused this agreement to be executed by Robert S. Miller, III, Manager of Rouse I LLC, a Virginia limited liability company, with due authority to bind said limited liability company, and the said COMP, a Virginia general partnership, has caused this Agreement to be executed in its name on its behalf by Robert S. Miller, III and W. R. Stephenson Jr., partners, with due authority to bind said partnership. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk 5 ROUSE I LLC, A VIRGINIA LIMITED LIABILITY COM Y By: COMP, A VIRGINIA GENERAL PARTNERSHIP By: BY:~~'~ W. R. Stephe son, Jr., ner STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 200_, by , CITY MANAGER! AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 200_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public 6 My Commission Expires: ~ STATE OF 'V;'1t&.-t'n J4- CITY/f:Oill'r~Y OF ~t(Y,'t\"A-'6e~to-wit: The foregoing instrument was acknowledged before me this / ~day of CJtf-r;f,eL, 200S: by Robert S. Miller, III, Manager, on behalf of Rouse I LLC, a Virginia limited liability company. A~~ Notary Public My Commission Expires: r /30/ () 7 STATE OF V;~"/l/A CITY/GOUNT~ OFy]pU-r^'YrI5e~o-wit: The foregoing instrument was acknowledged before me this 19~y of ;;Jc;htbeL - , 200 ~ , by Robert S. Miller, III and W. R. Stephenson, Jr., Partners, on behalf of Comp, a Virginia general partnership. .~ {I: ~ Notary PublIc My Commission Expires: 1'/5l)/tJ7 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~~ X\Projects\Encroaclunents\Applicants\Rouse Drive - 4 inch conduit - PHA\Agreement Encroachment.Frm.doc 7 ~.----. Exhibit ";), " -'1(_ _5 31'52'46" E --)(---_._--- ~ .... 9 ... .... ~~~~ (3-<(31 ~~~~ ~~:~ ~f5~8 ~~~~ ~~~~ m"'_~_ -~-'I( "- ::l f"l 7 ~~ !:,[:] ~~li>le~~~ ~..... ~~ ~~~.~~:!~ ~~iii~lS"'" ;; "'I!ll"~'" ~ ~::i ~:s - ,gg~ 3.11,- ,r..~ ~ s ~52'46" E '6- ~t.) l:::f'~ ~i!i"'~~ ,,,,~~'" ~M"'i;l :!:<JE::~(:; ;,:~~<l" ~~~~ 68.30' f- :::JW 00 z<( OCt: U'-' u'-' >z a...i= , Vl vX W o w3: VlO 0.....1 a...W Om 8:N I u --' --' .... a.~ ~- ~~ ~z~5 ~ 6~~ ~ g is u.. O::~tOI' N t- OlJ..~~~~ ~ O~6: ~ ~ ~~i6 ~ ~ u f5 8~ a... w> o 0 Ct: a... 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[ril ~ c:s "< <> ~ "'.r'~-- -, -= "t- o ... * ;01 ~L-- ~ S 30"03'45" E 59.1'?- b o On ~ P ~10.0:r R z ~ o ... ... .... ~"6.- ,- -= "t- ~::-. ...~~ ~lele .....~~ ei=1l.'j ~!llCb ~~~ ~ ~ ~ ~ _ 0 00 "!U1 ~~ z W8,Ot) 3It 180 nli./7 ;': ;;; o "" <D 'l u :;j " ~ ~.~18 1 ~.' ~ I ~~lll: j ~:Il ~ 'fji ~ ~ ~); ~;j dJ ~ ~~ h Ii" 1i:~ :"B h &g f.. 9 ~ iil~ > ~ iii! l<d~ ~ ..- . --~ ~~.,!O .~,,-, ~ ~ ..,1 ~~ .1 "'2i~ \, 51 (I) '~I S< ~~: ...~~ zt ~WU) : ... (II;; I ~>-Z ~f~ I I I i w i ~ h !~: 8. ; '"1 ~ i ~ --- f @ '10,0"'" " / ,/118: /' ~~n , t~ · / _!1w:....--- ,... --!1J,ll[U:,w---w:it 164 ~-- . . flO'lr€ . / Sr~1t /" 1~1fll ...,' ~ ,~ '( (.Icfl ,t>>) ~I/KJ 3UJn ttl:Ititl JI ,lr, , @~~ l1tt ~~~ ~ll , ~ iH 3 ~ Ii r~ .~ !G - 39- Item V-J.6.b. RESOLUTIONS/ORDINANCES ITEM # 54641 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Ordinance to A UTHORIZE a temporary encroachment into portions of City property: Diamond Springs Road by R. M. CLARKE, L.L. C. to install and maintain conduit for network cables The following conditions shall be required: 1. The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval, 2, The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removedfrom the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 3, The applicant shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney'sfees in case it shall be necessary to file or defend an action arising out of the location or existence of the temporary encroachment. 4, Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 6. The applicant must submit and have approved a traffic control plan before commencing work in the encroachment area, 7. The applicant agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. November 22,2005 - 40- Item V-J.6.b. RESOLUTIONS/ORDINANCES ITEM # 54641 (Continued) 8. The applicant must obtain a permit from the Office of the Planning Department prior to commencing any construction within the encroachment area. 9. Prior to issuance of a right-of-way permit, the applicant must post a bond or other security in accordance with the engineer's cost estimate to the Office of the Planning Department. 10, The applicant must obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional insured or loss payee, as applicable, The applicant agrees to carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant will provide endorsements providing at least thirty (30) days I written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. 11. The applicant must submit for review and approval, a survey for the encroachment area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department 12, The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant for the use of the encroachment area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and, if such removal shall not be made within the time ordered herein above, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. November 22,2005 - 41 - Item V-J.6.b. RESOLUTIONS/ORDINANCES ITEM # 54641 (Continued) 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, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Jim Reeve November 22,2005 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO A 5 PORTION OF THE CITY'S RIGHT-OF- 6 WAY KNOWN AS DIAMOND SPRINGS 7 ROAD BY R. M. CLARKE, L.L.C., A 8 VIRGINIA LIMITED LIABILITY 9 COMPANY, ITS ASSIGNS AND 10 SUCCESSORS IN TITLE 11 12 WHEREAS, R. M. Clarke, L.L.C., a Virginia limited liability 13 company, desires to install and maintain a 135'f, 4# diameter 14 conduit for network cables within a portion of the City's right-of- 15 way known as Diamond Springs Road. 16 WHEREAS, City Council is authorized pursuant to ~~ 15.2-2009 17 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize 18 temporary encroachments into a portion of the City's right-of-way 19 subject to such terms and conditions as Council may prescribe. 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 That pursuant to the authority and to the extent thereof 23 contained in ~~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as 24 amended, R. M. Clarke, L.L.C., a Virginia limited liability 25 company, and its assigns and successors in title, is authorized to 26 install and maintain a temporary encroachment for a 135't, 4H 27 diameter conduit for network cables in a portion of the City's 28 right-of-way as shown on the map marked Exhibit ~AH and entitled: 29 ~ENCROACHMENT EXHIBIT FOR CARE-A-LOT PET SUPPLY WAREHOUSE VIRGINIA 30 BEACH, VIRGINIA SEPTEMBER 21, 2005,H a copy of which is on file in 31 the Department of Public Works and to which reference is made for a 32 more particular description; and 33 BE IT FURTHER ORDAINED, that the temporary encroachment is 34 expressly subject to those terms, conditions and criteria contained 35 in the Agreement between the City of Virginia Beach and R. M. 36 37 Clarke, L.L.C. , a Virginia limited liability company, (the "Agreement") , which is attached hereto and incorporated by 38 reference; and 39 BE IT FURTHER ORDAINED, that the City Manager or his 40 authorized designee is hereby authorized to execute the Agreement; 41 and 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in 43 effect until such time as R. M. Clarke, L.L.C., a Virginia limited 44 liability company and the City Manager or his authorized designee 45 execute the Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day of November 2005. APPROVED AS TO CONTENTS ~t1}f$ C.~(Lt0~ tf/.. GNATURE PW Rf-fl) E~+5t1. DEPARTMENT APPROVED AS TO LEGAL SUF~ C9;RM I CITY ATTORNEY CA-9707 PREPARED: 11/1/05 X:\Projects\Encroachments\Applicants\Care a Lot - 4 inch conduit - PHA\Ordinance Encroachment.Frm.doc F:IDatarATYIOIDIREAL ESTATE/EnCroachmentslpw OrdinanceslcA9707 R. M. Clarke, LLC.doc 2 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58,l-811(C) (4) Tms AGREEMENT, made this I e~- day of ;lsv-e.-1.J~,--, 2005, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and R. M. CLARKE, L.L.C., a Virginia limited liability company, ITS/HIS/THEIRIHER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WI TNE SSE TH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Parcel B-1B, 2.602 AC," as shown on that certain plat entitled "SUBDIVISION OF PARCEL B-1, PLAT SHOWING SUBDMSION OF PARCEL B ON SUBDIVISION OF PROPERTY OF CHRIS G. CHRISTOPOULOS & CONSTANTINE G. THOMAS, M.B. 45, P. 17", and being further designated and described as 1924 Diamond Springs Road, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to construct and maintain 135' :f:: of 4" diameter conduit containing network cables, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right of way known as Diamond Springs Road "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN 1469-16-5050 NOW, THEREFORE, for and in consideration of the premises and ofthe benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ENCROACHMENT EXHIBIT FOR CARE-A-LOT PET SUPPLY WAREHOUSE VIRGINIA BEACH, VIRGINIA SEPTEMBER 21, 2005," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from The Encroachment Area in the event of an emergency or public necessity. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 2 It is further expressly unders tood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and emp loyees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out ofthe location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in The Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post a bond or other security, in accordance with their engineer's cost estimate, to the Office of Planning Department. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance pobcies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is 4 allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said R. M. CLARKE, L.L.C. has caused this agreement to be executed by Mary Clarke , Manager of R. M. CLARKE, L.L.C., a Virginia limited liability company, with due authority to bind said limited liability company. Further, that the City of Virginia has caused this agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By: City Manager! Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk R. M. Clarke, L.L.C., a Virginia limited liability company By: /m "'"'11 r Lei - Mary Clarke, anager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2005, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2005, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: s;:q OF V Itt-CtLkl t1t (!!jICOUNTY OF VlfUrt,Nlk OO~ , to-wit: The foregoing instrument was acknowledged before me this I day of tJoVc'.,nb t'V" ,2005, by Mary Clarke, Manager(Title) on behalf ofR. M. Clarke, L.L.C., a Virginia limited liability company_ CA\l.w6.dac 1JlXJn, Notary Public My Commission Expires: ,- 3 J - () <6' APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM I1A 9--- r1~ GK . .. PI 'J,oJlIlS C, i,V1"liSfu, ~ . S}iNATURE PWkf ft I r D fiLi DEPARTMENT SIGNATURE X:IProjects\EncroachmentsIApplicantsICare a Lot - 4 inch conduit - PHAIAgreement.doc 6 ci << ~~ oZ ,12 coo. ....en '0 ,~ ....~ zo f;~ CO .... I I, I I I I I II II II II II ~ II 3: I J.. 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CI) Q. ~ I I ~ <( L() CV) CO L() o o z~~ Q) .0 E Q) > o z >. ro "0 CIl Q) C "0 Q) S o o CD 0 0 '<t 0) N 0 c0 0 I- ..... 0 UJ W N UJ u. ---l <( U CJ) 0 o o N ~ E CO .;:: Q) CO .01 > ...... 0- co E co -.:: Q) ~ Q) CIl I .!!2 0) ::::: 0- .~ - - ~~-~ .. ~ {J q o.D LOCATION MAP ~ ENCROACHMENT REQUEST ICJ 05 0- ~ FOR 0 CARE-A-LOT PET SUPPLY WAREHOUSE </ 1924 DIAMOND SPRINGS RD. GPIN 1469-16-5050 CARE-A-LOT,DGN M,J,S. PREPARED BY PM' ENG. CADD DEPT. SCALE: 1" = 400' OCT. 27,2005 ------------------------------------------------------- - 42- Item V-J. 7. RESOLUTIONS/ORDINANCES ITEM # 54642 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Ordinance to ADD one full-time employee position to the City Attorney's Office and TRANSFER $44,134 from the Contingency Fund to the City Attorney's FY2005-06 Operating Budget. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Peter W Schmidt, Ron A, Villanueva, Rosemary Wilson and James 1. Wood . Council Members Voting Nay: None Council Members Absent: Jim Reeve November 22, 2005 In 1 2 3 4 5 6 AN ORDINANCE TO ADD ONE FULL-TIME EMPLOYEE POSITION AND TRANSFER $44,134 FROM THE RESERVE FOR CONTINGENCIES TO THE FY 2005-06 OPERATING BUDGET OF THE CITY ATTORNEY'S OFFICE 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 1. That an additional full-time attorney position is 10 hereby established in the City Attorney's FY 2005-06 Operating 11 Budget at a total cost of $44,134 for the remainder of this 12 fiscal year. 13 2. That $44,134 is hereby transferred to the City 14 Attorney's FY 2005-06 Operating Budget from the Reserve for 15 Contingencies to fund the position authorized by this ordinance. 16 Adopted by the Council of the City of Virginia Beach, 17 Virginia, on the 22nd day of November , 2005. Approved as to Content Approved as to Legal Sufficiency ;~UYA- I . /~nu. ( K . .{fU ." City Attorney's flce CA9794 H:\PA\GG\OrdRes\City Attorney REFTE Ord November 4, 2005 R-l - 43- Item V-J.8.a.b. RESOLUTIONS/ORDINANCES ITEM # 54643 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Ordinances to ACCEPT and APPROPRIATE: a. $2,500 from the Virginia Office of the Attorney General TRIAD Crime Preventionfor Senior's Grant and $1,000 from the Wal-Mart Foundation to the Police Department's FY2005-06 Operating Budget re purchase of Project Lifesaver equipment b. $605,866 from the Virginia Compensation Board to the Clerk of Circuit Court's FY 2005-06 Technology Trust Fund as reimbursement for technology expense 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, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Jim Reeve November 22,2005 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $2,500 2 FROM THE VIRGINIA OFFICE OF THE ATTORNEY 3 GENERAL TRIAD CRIME PREVENTION PROGRAM AND 4 $1,000 FROM THE WAL-MART FOUNDATION TO THE 5 POLICE DEPARTMENT'S FY 2005-06 OPERATING 6 BUDGET FOR THE PURCHASE OF PROJECT LIFESAVER 7 EQUIPMENT 8 WHEREAS, the Police Department has identified $250 in matching 9 funds to support the Virginia Office of the Attorney General's 10 TRIAD Crime Prevention for Seniors grant. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 1. That $2,500 is hereby accepted from the Virginia Office 14 of the Attorney General and appropriated to the Police Department's 15 FY 2005-06 Operating Budget for the purchase of Project Lifesaver 16 equipment, with state revenue increased accordingly. 17 2 . That $1,000 is hereby accepted from the Wal-Mart 18 Foundation and appropriated to the Police Department's FY 2005-06 19 Operating Budget for the purchase of Project Lifesaver equipment, 20 with donation revenue increased accordingly. 21 Adopted by the Council of the City of Virginia Beach, 22 Virginia, on the 22nd day of November , 2005. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Jj ~ fice CA9795 H:\PA\GG\OrdRes\Triad R-2 November 10, 2005 Walmart ORD ,L..-05 ()) 10 -" ~ tJ..f. /' COMMONWEALTH of VIRGINIA ~ )fi Office of the Attorney General Judith Williams Jagdmann Attorney General Mr. A.M. Jacocks, Jr. Chief of Police Police Headquarters 2509 Princess Anne Road Virginia Beach, VA 23456 I , 900 East Main Street Richmond, Virginia 23219 804-786-2071 FAX 804-786-1991 '. " .-...... .-...-.-__.. ..Virginia Relay Services !' \, if 1(:" ;':'~:',! 800-828-1120 '. . i.l: / tl, i,' \ i : 7..1..1 .1' j: September 30, 2005 OCT ,- 4 2005 I;; I:. Title: TRIAD Crime Prevention for Seniors Grant Program ,I ".. ;..~:";':r .. ,';, .Y'..;jf . . ,I c: ."" '.:,"( .-........." o. Dear Chief Jacocks: "" ."-'__'_,._...~...,.,,,,, Congratulations, your organization has been selected to participate in the Office of the Attorney General TRIAD Crime Prevention for Seniors Grant Program. I am pleased to advise-you t:t grant number 05 .A~CTCP 221~ for the above-referenced grant program has been approved in the amount of $2-50 'OO'1n state funds and $250.00 in local matching funds for a total award of$2.750.00. Enclosed you will find a ~tl1tp.mp.nt nf r.T"nt A,.,,,W aud a ~tatelA8Rt ef Grast }.wara Sl'ee:ial Condit;,,,,,, To indicate your acce,ptance of the awarn ann mnnitinn~ ~p""p sign the award acceptance and return it to Jennifer Hasty, Director of TRIAD & Citizen Outreach, at the Office of the Attorney General (OAG). Please review the conditions carefully; as some require action on your part before we will release grant funds. When we receive documentation showing that you have complied with the conditions, you will be eligible to request reimbursement of grant funds awarded under this grant. A REQUEST FOR REIMBURSEMENT form is included with this letter and should be used for this purpose. In addition to the Request for Reimbursement form, please submit the ED! PAYMENT AGREEMENT form that is included in this packet to the Office of the Attorney General and Depaliment of Accounts in order to expedite fund transmittal. You may request reimbursement of funds at the same time you submit the documentation of compliance with the grant conditions, or at any time thereafter. However, we cannot process your request until we have received and approved all required information. Also, enclosed are the Post Award Instructions and Reporting Requirements. Please refer to and read this information carefully as. it contains details on processing financial and progress reports, as well as requesting reimbursement for the awarded funds. We appreciate your interest in this grant program and will be happy to assist you any way we can to assure your project's success. If you have any questions, please contact Jennifer Hasty at (804) 786-9516 or via email at ihastvcmoal!.state. va. us, Sinc;rt . C1~~{I/~ll0~~- ~UdithWillia~ Enclosure cc: Marie Chiarizia, Lieutenant Patricia Phillips, Finance Director 75741[,349'" I ~I ; ~ t ), i 0 * 09;25/2005 14:28 ::l ~ (;;; ,)2 ro .~ 0.. Q. (ll m 's '0 ;lI .s tn"8 c: 5 .- ;>. 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'" 1i tl ~ E:;:~ i! &r-g :s "O,jj- z .!!'l4l ~~! ~'ai f -15 i.. ~ S Of> >- 11'- ~I\i'~ t o >>.~~ \ ~ l;~~j li,d~j' Ie 41 ,! l'S 111 ~ .. \5 S~~~_' ... g. 5 ,{\.' S ~ 0-"') I WI>> 15!g. :ieQ. ~ __ ~ .. g ::~Ii~ u ~l ~ e. ... ~ <1\.!? Oo~(/) ~ ;:s '. ... ..;.. ~ z< 0;.,; i;;, ~~ ;;.:: >- =;2: ~g 03 ;:'::'" z -< ;::: \C) -~' Z t'--. o .~ - V) ~ ti1 Q ~.?: Zb~ ;:;IV)::=: 0-=,< r...... ~ _OO~ F-c ~...-'l ~.~ <(V)$: ~~z It'-- 0 ..J ~ <( z.. $ S '" '" '" Cl o <<> ... Q <::: < '0 '0 >- rr, =: <( ~ ::l. Z ~- ~ ::::l U Ill' 0 U Z ;:s '"' z' 0 "". of. ... ~. 0 -< :S ..;j = -< ..:/ > g <( ... :r: z u ~ ::::l G <- 00 z ::.c: 5 00 of. ~ rr, ;:; ;;) ,- e ... z 0 0- ~ {5 '" > :'I'J ~ .... =: '" ... - z u > 0 ::.c: >- "..~ III ~ '-0-:= Cl a ~-~ 0:: 0 ~ ru lJ'" .... U1 ru U1 U1 lJ'" .. - tll .... cc cc o []" ru cc o .. - ~ lJ1 U1 rn C'- tll .... .... ~ o LO c: ,... o 0 .- I @ - (0 L- ctl ,... .-- "0 ,.... t/IIwI c: _ C\I ... :J CI> ,.... CC&~a: ~t:Ci)~ .. <<l.r: CI> w:::__ ie. "'f co := ~(ijs:~ !tI: 3: en .s == CI> C\I c: .r:oCl> ....,....m C' ~.' () -..r .~ rY) '-ttt> ~ - . !) <YJ ~ 0 .3 I . - o .... co r::: .- "'0 - o o () , ,1 iJl ...;.' " ('t:: (\I fb: ):,< :..-- ....J I. .., ,...... .;ir ;....' .... r::: (JJ E (JJ > - g r::: - ~ .... .- r::: ::::J E E o () . . Z I- ~ Nov 16 05 02:35p p.2 Grant Application Office of the Attorney General, 900 East Main Street, Ricl1 mond, Virginia 23219 Grant Program: TRIAD -Commonwealth of Virgi nia Applicant: Virginia Beach Police Departme nt Applicant FederallD 540722061 Number: Jurisdiction(s) Virginia Beach, Va Served: Program Title: Crime Prevention for Seniors G rant Program Grant Period: October 1, 2005 to June 30, 2005 ." .. .. Project Director Project. dmh1islrato'i' ~. ' Finance 0 t-lame: Title: Address: Marie Chiarizia Lieutenant Third Police Precinct 926 Independence Blvd Virginia Beach, VA 23453 A.M. Jacoc C5, Jr. Chief of Po ice Police Heallquarters 2509 PrincEss Anne Rd Virginia Be Ich, VA 23456 Patricia Philli s Finance Director Municipal Center, B dg. 1 2401 Courthouse 0 ive Suite 220 Virginia Beach, VA ~3456 Phone: Fax: E-mail: Signature Establish a start up Loaner Program to provide the tra eking device of the Project Lifesaver tn nsmitters and equipment to seniors who have Alzheimer's dis ease or memory impairment, and are at risk of wandering from home, becoming lost, and not being able to find their way home. This pre gram will benefit clients who need the device and who cannot a1 ford to purchase the equipment. Once j client no longer needs the equipment, it will then be assigned to another client. Project Budget Summary t .., . " OAG Fun State Cash Personnel $ N/A $ N/A Consultants $ N/A $ N/A Travel/Subsistence $ N/A $ N/A Equipment $2.500.00 $250,00 Indirect Costs $0,00 $0,00 Supplies/Other Operating Expenses $0,00 $0.00 Totals: $2,500,00 $250,00 Grand Total: $2700.00 I . I ~ rJ::l~~"T.i~~!,:,!:;r;;r';::~r."J.1'->!'Il"~l"!l[;,~.~~!I!~P"i~~~;:~"'B::<IC'nI'I'r.I.":Y!2~.....I,S!..U!f~~:~~~~~ ~~ Nov 16 05 02:36p p.3 TRIAD Crime Prevention to ,. Seniors Grant Progrc ,m Sponsored by the Office 0: the Attorney General I I ~ ~ ~ I APPLICANT: Marie Chiarizia I JURISDICTION{S) SERVED: Virginia Beach, Va I PROJECT TITLE: Crime Prevention fClr Seniors Grant I AMOUNT OF FUNDING REQUESTED: $2,500.00 I AMOUNT OF CASH MATCH BY LOCA.LlTY: $250.00 (Must Be 10% of Requested Funding) PROJECT DESCRIPTION · How will funding be used? Document the nE ed for this funding. · Explain the project's relevance to senior Cril11e prevention and expected timeline for completion of the project · Detail history of project if it has been done b ;!fore (success stories) · Detail any or anizations/agencies that will CI tllaborate to ensure the success of the Iroject Wandering is one of the most common, pot ~ntially life threatening behavior~ associated with Alzheimer's disease. Wanclering involves leaving a safe environment, walking away and getting los1. Adults with Alzheimer's diseas ~ and related dementia or memory impairment wl1 0 wander constitutes a critical emergency and a need for immediate searc 1 efforts by police and search an I rescue personnel. Tremendous resources will be called upon to find the mi~ sing person because with each passing hour, th,~ area to be searched grows exponentially and the risk of injury and dea th for the missing person increa5 ~s significantly. The probability they will not survive this incident escalates to iO% if a missing Alzheimer's patient is not found within 12 hours. The average 51 !arch effort lasts approximately 9 hours and the v,indow of successfully locating tile missing Alzheimer wanderer diminishes rapidly for these types of searches. There are approximately 26,000 people in H :lmpton Roads who have been diagnosed with Alzheimer's disease. In Virqinia Beach it is estimated that o'er 6500 people have Alzheimer's disease and '10% of this group will wander fro n their homes. That means 650 seniors are at"risk of becoming lost, or being fllrther victimized, while they are lost in our commllnity. Such individuals are unawc re of their situations and they leave few verifiablo clues when they leave. A signii cant number of individuals will walk into areas a nd cannot get out. They do not C :111 out for help and will not respond when people call out to them and many wil die as a result of exposure to the elements. Nov 16 05 02:3610 10.4 In May 2005, the Virginia Beach Police Dep ntment partnered with Project Lifesaver, International to be able to provide a pro-active involvement with individuals who suffer from Alzheimer's dil;ease. Project Lifesaver is desig led to provide security and comfort for the family while safe guarding the memory impaired and those who are least able to hl~lp themselves. This effort provi :les personalized transmitters to people who ar e at risk of wandering away from home and becoming lost. The transmitter emits a constant radio signal that has bt ,en powered by a small battery. They have been in operation since 1999 trainin J police and sheriff departments in this progl'am. There has been 1165 searcl es to date and all 1165 individuals have been fOll nd alive and in less than 30 mint tes. If the client wanders away from home, a sp ~cialized team of officers from Vi 'ginia Beach Police responds. Having been trainl ~d in the unique tracking equipm lOt and search techniques they will respond to all cases of the lost person in tl1 s program and search for them. This equipment is being provided to citizen s for a minimal fee of $376.35 for one year. For a little more than a $1.00 a day e :lch participant will receive a personalized transmitter and battery tester that ensures the equipment is ai' \fays working. However, many Senior citizens ate on a fixed income and cannot i fford this extra expense. Insurance companies ~lnd Medicaid do not cover the co .t of this vital piece of equipment and we are loe ,king for resources to be able to provide the assistance needed to obtain thi s equipment. The grant funding would be used to start UI) a loan program with the initial purchase for transmitters and battery teste rs and a supply of batteries for tt ose who cannot afford the equipment. Once a I :urrent client no longer needs tht ' tracking equipment, it will be reassigned to others who are entering into the program. The transmitters and battery test ers can be used for several year~ and can be assigned to clients with the greates' ~ risk of wandering. By establish ng a loan program it will ensure those who are most in need and cannot afford th ~ program will be able to obtain this equipme 'nt. BUDGET DETAIL · Breakdown of what the requested funding w ill be used for I Purchase 9 transmitters @ $223.65 ea. = $2012.85 Purchase 9 battery testers @ $ 52.50 ea. = $ 472.50 Purchase 33 batteries @ $ 6.50 ea.:: $ 214.50 $2699.85 Nov 16 05 02:36p p.5 TARGET POPULATION · How many seniors are ex ected to benefit fr Jm the project? The direct benefit will be to 9 individuals at a time. It is estimated that the program could assist 9 to 81 people. It will be dependent on the duration of he time they each spend in the program. FUTURE GOALS · Describe how the project could be maintainE d in future years if grant funding is not available The purchase of this equipment ensures thilt it will be available and designa ed for those individuals who need assistance in the future. 1 2 3 4 5 6 AN ORDINANCE TO ACCEPT AND APPROPRIATE $605,866 FROM THE STATE TO THE CLERK OF THE CIRCUIT COURT'S FY 2005-06 TECHNOLOGY TRUST FUND WHEREAS, the State of Virginia Compensation Board has 7 changed it's reimbursement format for the Clerk of the Circuit 8 Court's Technology Trust Fund. 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 10 OF VIRGINIA BEACH, VIRGINIA: 11 That $605,866 in additional State revenue is hereby 12 appropriated to the Clerk of the Circuit Court's FY 2005-06 13 Technology Trust Fund to cover the cost of court technology with 14 State revenue increased accordingly. 15 Adopted by the Council of the City of Virginia Beach, 16 Virginia on the 22nd day of November , 2005. Approved as to Content Approved as to Legal Sufficiency Management Services . ~ (tt-:ft&J. City Attorney' Office b~Q_ CA9800 H:\PA\GG\OrdRes\Clerk R-2 November 10, 2005 Tech. Trust Fund ORD ,----------- , , - 9-06; 3: 17PM; ;466 5686 # 2/ 2 11/01/05 Sel: Clerks Equipment/Service 757-427-8817 YY/MM: 05/10 Lac: 810 Off: 321 Officer Name: TINA E. SINNER SCBRUM23 IT Equipment Description Quantity Unit Cost Gross Cost Service Vendor Service Description Equipment Services Totl: 0.00 + 0.00 = LOC Combined Total:' 0.00 Totl: 0.00 + 0.00 = CB Combined Total: 0.00 Authorized: Exp to Date: Balance: Aut: 66814.00 Aut: 539052.00 60586~.00 0.00 605866.00 YTD: 0.00 YTD: 0.00 0.00 605866.00 Bal: 66914.00 Bal: 539052.00 0.00 . 0.00 z o G <( Cl a:: C5 III Z o ~ en z w a. :::E o (,) ~C:C>Q) oc:.c , 'B "" ~<(31.a {g .Ern ad!~~ e=ou .lr ~ ~ E ar:c .2l .g c:,m$. 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N a: w f- en W ::c ~ ~ ~~C3 ~~ ~ u~~~g~~!;~~ ~:!ZC3a:::::>C3ggC3 ::::>inli:~ffioClzz~ 5~~g~~~I~~ ~<(wowo<(__o _> ...J::2:zzo..o..a:a:a:c::: enen>> 01 01 01 01 01 01 01 01 ~I 01' 01 01 01 01.. ~I a:l m R t:: ~ j:! ~ 1e 1e !::: i.. ~ g <<; ~. ... r-l N Z o ~ ~ ~ o LL Z 0::: :::> o >-u.i ~Z 00 LLZ - 44- Item V-K. PLANNING ITEM # 54644 1. K & SONS, INC K & SONS, INC MODIFICATION OF THE INDIAN LAKES LAND USE 2.DONALD G. PRATT MODIFICATION OF PROFFERS re Conditional Change of Zoning (approved Apri/ll, 2000) 3. WILLIAM L. PAGE VARIANCE 4. BLUE HORSESHOE TATOO V, Ltd. CONDITIONAL USE PERMIT 5. SPRINTCOM, INC CONDITIONAL USE PERMIT 6. STEVEN KREVER CONDITIONAL CHANGE OF ZONING 7. CITY OF VIRGINIA BEACH AMEND to REORDAIN and REPEAL CZO a. Section 221.1 and ADD new Article 18 re discretionary development applications b. AMEND and REORDAIN Airport Noise and Attenuation and Safety Ordinances re sound attenuation and disclosures c. AMEND Official Zoning Map to incorporate the NAS Ocean a - NALF Fentress Interfacility Traffic Area d. AMEND the Comprehensive Plan to incorporate the NAS Ocean a - NALF Fentress Interfacility Traffic Area Map e. AMEND the Comprehensive Plan by revising Chapters 1, 2, 3, 5, 9, the Appendix, and the Princess Anne Corridor Plan to incorporate provisions AICUZ, JLUS and the AICUZ Overlay November 22,2005 - 45 - Item V-K. PLANNING ITEM # 54645 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED IN ONE MOTION Items 1,2,3, and 5 of the PLANNING BY CONSENT AGENDA. 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, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Jim Reeve Vice Mayor Louis R. Jones DISCLOSED and ABSTAINED Pursuant to Conflict of Interests Act ~ 2.2-3115 (E) re William Page's requestfor a Subdivision Variance (Item K3.). Vice Mayor Jones is a member of the Board of Directors of Resource Bank and receives more than $10,000 a annually in compensation as a Member of the Board.. Resource Bank has extended a loan to William Page for properties that are subject ofhis variance request. Vice Mayor Jones wished to disclose this interest and abstain from discussion and vote on this item. Vice Mayor Jones' letter of November 22, 2005, is hereby made a part of the record. Council Lady McClanan voted a VERBAL NAY on Item K1. (K & SONS, INC.) and K5. (SPRINTCOM, INC.) November 22, 2005 - 46- Item V-K.I. PLANNING ITEM # 54646 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED 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 ROll 0534134 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA 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 The following conditions shall be required: 1. An agreement encompassingprojJers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. This Ordinance shall be ejJective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-second of November, Two Thousand Five Voting: 9-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Peter W Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McC/anan Council Members Absent: Jim Reeve November 22, 2005 K & SON'S, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 31st day of May, 2005, by and between K & SON'S, INC., a Virginia corporation, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a two (2) parcels of property located in the Kempsville District of the City of Virginia Beach, containing approximately 30,341 square feet of land which are more particularly described as Parcels 1 and 2 in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcels are herein referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to modify the PDH-1 Land Use Plan with a B-2 Commercial Designation applicable to the Property to permit the sale of gasoline; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 1465-89-6856 1465-89-5885 (Part) PREPARED BY ~Yla:s, [lOU/mON, '\JU:RN &. lM. P.C 1 WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which Grantor's rezoning application gives rise; and WHEREAS, Grantor has voluntarily proffered, in writing, in advance of and pnor to the public hearing before the Grantee, as a part of the proposed modification to the PDH-l Land Use Plan applicable to the Property in addition to the regulations provided for the PDH-l and B-2 Zoning Districts by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, Grantor, for itself, its successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govem the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants runnjng with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is redeveloped, III order to achieve a more coordinated design and development on the site III terms of vehicular access, PREPAREDBY parking and landscape buffering, the "K & SON'S INC. GAS AND PUMP ;ynS, ROURDON, \Ul::RN&UVYP.c ADDITION AND REVITALIZATION PLAN", dated 3/1/2003 revised 5/2/2005, prepared by The Spectra Group, Inc., which has been exhibited to the Virginia 2 Beach City Council and is on file with the Virginia Beach Department of Planning ("Revitalization Plan") shall be substantially adhered to. 2. When the Property is redeveloped, three (3) gasoline pumps shall be added as depicted on the Revitalization Plan and the architectural design, materials and colors of the canopy will be substantially as depicted on the exhibit entitled "LUKOIL - Pleasant Valley," prepared by Pro Signs, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Canopy Elevation"). 3. When the Property is redeveloped, the existing freestanding SIgn shall be replaced with a monument'style freestanding sign no greater than eight feet (8') in height with a base of split-face block painted to match that on the existing building. The exterior surfaces of the masonry (split-face block) walls of the existing building shall be painted a light, earth tone color. The existing dumpster shall also be relocated and screened as depicted on the Revitalization Plan. PREPARED BY: 4. When the Property is redeveloped, the existing entrances on to the Property from Indian Lakes Boulevard shall be consolidated and relocated as depicted on the Revitalization Plan. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America (IESNA). A photometric lighting plan indicating the number and types of lighting will be submitted as part of the formal site plan submission for review by the Planning Department to determine consistency with Crime Prevention Through Environmental Design (CPfED) principles and practices. Lighting shall be installed and operated as shown on the approved plan. All lighting shall be directed inward and downward within the site. 5. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions SYlCI::S. ROURDON, Am:RN & liVY. P.c. 3 shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the goveming body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit" or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, Grantor shall petition the goveming body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the OREPAREDBY existence of conditions attaching to the zoning of the Property, and the ;Yk:IS, BOURDON, ordinances and the conditions may be made readily available and accessible for \lImN & LM, P.c. public inspection in the office of the Zoning Administrator and in the Planning 4 PREPARED BY: ;Y1<TS, ROlIDOON, '\.m::RN & Lt'YY. P.C Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of Grantor and the Grantee. 5 WITNESS the following signature and seal: GRANTOR: K & Son's, Inc., a Virginia corporation By i~jJ Khalid Saeed, President (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 1st day of June, 2005, by Khalid Saeed, President, K & Son's, Inc., a Virginia corporation, Grantor. ,/Jh7/r //1 m~tJrM Notary Public My Commission Expires: August 31, 2006 PREPARED BY: svn:s, ROURDON, AJUJm &. Uvy, P.c. 6 EXHIBIT "A" PARCEL 1: ALL that certain lot, piece or parcel of land, together with the buildings and improvements thereon, situate, and being in the City of Virginia Beach, Virginia, being known, numbered and designated as Parcel C-I-B as shown on that certain plat entitled "Subdivision of Parcel C-l, Map Book 181, Page 24, Kempsville Borough, Virginia Beach, Virginia", made by Waterway Surveyors and Engineering, Ltd., dated January 6, 1987 and last revised on April 2, 1987, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2637, at Page 1808, reference to which plat is hereby made for a more particular description of the property. GPIN: 1465-89-6856 PARCEL 2: Part of that certain lot, piece or parcel of land, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Parcel C- 1-1 as shown on that certain plat entitled, "Subdivision of Parcel C-l, Map Book 181, Page 24, Kempsville Borough, Virginia Beach, Virginia", made by Waterway Surveyors and Engineering, Ltd., dated January 6, 1987 and last revised on April 2, 1987, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2637, at Page 1808, containing 6262 square feet as depicted on the plan entitled "K & Son's, Inc. Gas Pumps Addition and Revitalization Plan", prepared by The Spectra Group, Inc., dated 3/1/2005. GPIN: 1465-89-5885 (Part) CONDITIONALRZONE / SAEED / PROFFER 'REPARED BY: yns, ROURDON, .lImN & HVY P.c. 7 - 47- Item V-K.2. PLANNING ITEM # 54647 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council, upon application of DONALD G. PRATT, MODIFIED PROFFERS from the Conditional Change of Zoning granted by the City Council on April 11, 2000, re an additional office building. Proffer #3 no longer valid. ORDINANCE UPON APPLICATION OF DONALD G. PRATT FOR A MODIFICATION OF PROFFERS FROM THE CONDITIONAL CHANGE OF ZONING FROM R-20 TO 0-1 GRANTED BY THE CITY CO UNCIL ONAPRIL 11,2000 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Donald G, Pratt for a Modification of Proffers from the Conditional Change of Zoning from R-20 Residential District to 0-1 Office District granted by the City Council on April 11, 2000 on property located at 2244 General Booth Boulevard (GPIN 24140665720000). The Comprehensive Plan identifies this site as being a part of the Primary Residential Area-South General Booth Corridor, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. The purpose of this modification is to develop an additional office building on this site. DISTRiCT 7 - PRINCESS ANNE The following conditions shall be required: 1. An agreement encompassingprojJers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. 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, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Jim Reeve November 22, 2005 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6300 DATE: November 10,2005 FROM: Leslie L. Lilley B. Kay Wilsontil()J DEPT: City Attorney DEPT: City Attorney TO: RE: Conditional Zoning Application; Donald G. Pratt The above-referenced conditional zoning application is scheduled to be heard by the City Council on November 22, 2005. I have reviewed the subject proffer agreement, dated September 22, 2005, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW /ks Enclosure cc: Kathleen Hassen Thb DGellmeat Prepared by: F'LlIe, Flae, Legum & MeCraekeu, ILl' THIS AGREEMENT made this 22nd day of September, 2005 by and between DONALD G. PRATI. Property Owner, herein referred to as Grantor, party of the first part; and . THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. WITNE~~ETH: WHEREAS, Property Owner is the owner of certain parcels of property located in the Princess Anne district of the City of Virginia Beach, more particularly described as follows: See Exhibit "A" said parcels hereinafter collectively referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the zoning map of the City of Virginia Beac~ Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-20 to 0-1, having been previously rezoned by agreement dated June 10,1993 duly.recorded on November 29, 1993, in Deed Book 3307, at page 417; and WHEREAS, the Gmntee's policy is to provide only for the orderly development of land for various pmposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit different types of uses Page 1 of6 1 r I I L. ! ; f f I i J 1 . , j ~ ; on and in the area of the Property and at the same time to recognize the effects of change that will GPIN No.2414-06-6572-0000` Owner's Initials 0.. be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, Grantee, and other successors in title or intere~ voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid nm quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, Grantee, and other successors in interest or title: I. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "Preliminary layout Exhibit A General Booth Office Building", dated July 27, 2005 Page 2 of6 prepared by Site Improvement Associates, Inc., which has been exhibited to I j t . I I ! i j ; i i t l ~ i 1 Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. The use of the Property shall be limited to (a) business offices; (b) medical and dental offices and clinics and laboratory; legal, engineering, architectural and other professional offices; accounting and bookkeeping offices; and (c) florist retail; all in accordance with a conditional zoning duly approved by the City Council of the City of Virginia Beach. 3. Access to the Property from General Booth Boulevard shall be in accordance with the Deed of Easement and Agreement dated December 16, 1991, and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, in Deed Book 305S, at page 2018. 4. Lighting on the Property shall be directed inward and not toward surrounded property. 5. The existing residential structure shall be maintained and exterior improvements of any structure located on the Property will be constructed and maintained in a manner aesthetically compatlole with adjoining residential uses and with Nimmo Church. 6. Provide privacy fencing along the southern property line adjacent to the residential property. 7. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the 0-1 Zoning District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the the Grantee as part of the amendment to the Zoning Ordinance, shall c i l. ! i I i r- i t"' I ~ City of Virginia Beach, Virginia, in force as of the date of approval of this agreement by City ColD1cil, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by . Page 3 of6 .\, . , ,. \ i effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office ofth.e Circuit Court oftb.e Cit'J of Virginia Beach, Virginia, and execu+..ed by the record owner of the Property at the time of recordation of such instrument, provided that such instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (l) The Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (2) The failure to meet all conditions and restrictions shall constitute o deny 1 I I t. t i f t I ~ (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; Page 4 of6 the issuance of any of the required building or occupancy permits as may be appropriate; (3) Ifaggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Comt of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. i I ; t 1 1 I t. ~. i .. i Page 5 of6 , ! j i I I ! I ! I ! Exhibit "A" ALL THAT certain 104 piece or parcel of land, lying, situate and being in the City of Virginia Beach, Virginia, near Nimmo Church, numbered and designated as Lot A, upon that certain plat entitled, "Subdivision of Property. Charles C. Hickman, et ux, D.B. 482, P. 21, M.B. 25 P. 70, Princess Anne Borough, Virginia Beach, Virginia, Scale 1" = 100', September 24.1971, W. B. Gallup, Surveyor," said lot being of the size and dimension as shown on said plat, which is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. in Map Book 88, at Page 45, to which reference is hereby made for a more particular description for the land herein conveyed. Page 6 of6 ; i , f I ! j t I t l ... ! Owner's Initials - 48- Item V-K.3. PLANNING ITEM # 54648 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED the Petition for a Variance to 9 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO), Subdivision for WILLIAM L. PAGE, to vacate an existing property line of two adjacent properties, remove an existing single family home and resubdivide creating two new lots of equal size: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for William L. Page, Property is located at 1544 West Little Neck Road (GPINs 14895035590000; 14895046060000). DISTRICT 5 - LYNNHA VEN The following conditions shall be required: 1. The parcels shall be subdivided and recorded as depicted on the plan entitled "Proposed Subdivision Property of Doris Ellen Harvey Lambert" prepared by The Spectra Group dated 06/30/05. 2, No development for either principal structure or any accessory structure, exc/udinf! water devendent facilities. shall occur within the Chesapeake Bay Preservation Area Resource Protection Area (RPA). All structures for Proposed Lots A and B shall be placed landward of the variable buffer (100' top of bank) depicted on the submitted plan identified in Condition #1 above. 3. Provide a site plan for demolition of the existing residence along with erosion and sediment control plan on how the area will be restored. November 22,2005 - 49- Item V-K.3. PLANNING ITEM # 54648 Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Abstaining: Vice Mayor Louis R. Jones Council Members Absent: Jim Reeve Vice Mayor Louis R. Jones DISCLOSED andABSTAINED Pursuant to Conflict of Interests Act 9 2.2-3115 (E) re William Page's requestfor a Subdivision Variance (Item K.3.). Vice Mayor Jones is a member of the Board of Directors of Resource Bank and receives more than $10,000 a annually in compensation as a Member of the Board., Resource Bank has extended a loan to William Pagefor properties that are subject ofhis variance request. Vice Mayor Jones wished to disclose this interest and abstain from discussion and vote on this item, Vice Mayor Jones's letter of November 22, 2005, is hereby made a part of the record November 22, 2005 City e>f Virgirl.ia Beach lOUIS R. JONES VICE MAYOR PHONE: (757) 583-0177 FAX: (757) 588-4659 November 22, 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 William Page's request for a subdivision variance for properties located at 1544 West Little Neck Road and 185 feet west of Little Neck Point. 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, VA 23462. Resource Bank has extended a loan to William Page for the properties that are the subject of his variance request. 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 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, ~,fl Louis R. J 0 Vice Mayor LRJ/RRI November 22, 2005 - 50- Item V-K.4. PLANNING ITEM # 54649 Upon motion by Councilman Diezel, seconded by Council Lady Wilson, City Council DENIED an Ordinance upon application of BLUE HORSESHOE TATTOO ~ Ltd. for a Conditional Use Permit re a tattoo and body piercing establishment: ORDINANCE UPON APPLICATION OF BLUE HORSESHOE TAITOO V, LTD. FOR A CONDITIONAL USE PERMIT FOR A TAITOO AND BODY PIERCING ESTABLISHMENT Ordinance upon Application of Blue Horseshoe Tattoo V, Ltd.for a Conditional Use Permit for a tattoo and body piercing establishment on property located at 71-125 South Witchduck Road (GPIN 14677377570000). DISTRICT 2- KEMPSVILLE Voting: 8-2 Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer*, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan and Richard A, Maddox Council Members Absent: Jim Reeve *Councilman Dyer corrected his vote from NA Y to a VERBAL AYE. November 22,2005 - 51 - Item V-K.5. PLANNING ITEM # 54650 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED an Ordinance upon application of SPRINT COM, INC. for a Conditional Use Permit re development of a communication tower: ORDINANCE UPON APPLICATION OF SPRINTCOM, INC. FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATION TOWER ROll0534134 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of SprintCom, Inc, for a Conditional Use Permit for a communication tower on property located at 1000 North Great Neck Road (GPIN 24081388720000). DISTRICT 5 - LYNNHAVEN The following conditions shall be required: 1, The tower shall be constructed substantially in adherence to the site plans entitled "Sprint, Virginia Beach Christian Life Center", prepared by Fullerton Engineering Consultants, Inc., and dated 3/22/05. This site plan has been exhibited to City Council and is on file with the Department of Planning. 2, The tower shall be limited in height to one hundred thirty (130) feet. 3, The tower shall be constructed to accommodate equipment for two (2) additional wireless providers as depicted on the submitted site plans. 4. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the tower and all subsequent users. 5. In the event interference with any City emergency communications facility arises from the users of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference, 6, The applicant shall submit a tree protection plan for review and approval before any disturbance of the site. November 22,2005 - 52- Item V-K.5. PLANNING ITEM # 54650 (Continued) 7. Should the antennae cease to be used for a period of more than one (1) year, the applicant shall remove the antennae and their supporting tower and related equipment. 8. All conditions of the conditional use permit approved for Virginia Beach Christian Life Center, dated 10/14/03, shall remain in effect. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-second of November, Two Thousand Five Voting: 9-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A, Maddox, Mayor Meyera E. Oberndorf Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: Jim Reeve November 22,2005 - 53- Item V-K.6. PLANNING ITEM # 54651 Attorney David Hay, 3742 Holland Road, Suite 103, Phone: 428-8488, represented the applicant and advised amendments to the proffers to establish the hours of operation, paving of the parking lot, and the exterior of the building will be cleaned and the wooden sections repainted Mr. Hay advised the parking lot will be repaved with all the potholes repaired. A new proffer #3 has been added. Chris Silignano, Krever Holdings, Inc., applicant, advised the portion which needs to be repainted is the trim on top of the building, and all the potholes filled, which will be done, prior to the business opening Upon motion by Council Lady McClanan, seconded by Councilman Wood, City Council ADOPTED an Ordinance upon application of STEVEN KREVERfor a Conditional Change of Zoning District: ORDINANCE UPON APPLICATION OF STEVEN KREVER FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-2 TO CONDITIONAL B-1 10051234 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Steven Krever for a Chanfle of Zoninfl 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 The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court. 2. All painting of buildings and parking lot surface shall be repaired before opening. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-second of November, Two Thousand Five 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, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Jim Reeve November 22,2005 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6229 DATE: November 10, 2005 FROM: Leslie L. Lilley B. Kay WilSO~~ DEPT: City Attorney DEPT: City Attorney TO: RE: Conditional Zoning Application; Steven Krever The above-referenced conditional zoning application is scheduled to be heard by the City Council on November 22, 2005. I have reviewed the subject proffer agreement, dated October 12, 2005, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Iks Enclosure cc: Kathleen Hassen KREVER HOLDINGS, INC. a Virginia corporation To CITY OF VIRGINIA BEACH a Municipal Corporation of the Commonwealth of Virginia 'ft.. THIS PROFFER AGREEMENT ("Agreement") made this & day of October, 2005, by and among KREVER HOLDINGS, INC. (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 Parcel A, 0.58566 Acres, 3712 South Plaza Trail, 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-1 Community Business District. The proposed amendment is made pursuant to the tenns of the City Zoning Ordinance of the City of Virginia Beach, adopted April 18, 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 of land 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-1 as specified in the City Zoning Ordinance, are required to address the project proposed in Grantor's rezoning application. PREPARED BY: DAVID S. HAY, ATTORNEY AT LAW GPIN NO. 1487-50-1597-0000 1 ---I E. 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-1 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-1 and are needed as a result of the rezoning. F. 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 of the Property; provided, however, that such conditions shall continue ifthe subsequent amendment is part 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 pro quo for zoning, rezoning, site plan, building pennit 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 business offices as permitted in the B-1 District, and less than 50% shall be used for a restaurant without drive-through windows provided that products prepared or processed on the 2 premises shall be sold only as retail. Also, there shall be no sale or serving of alcoholic beverages at the restaurant. 2. Grantor shall install foundation landscaping as approved by the Planning Director. Grantor shall also install street frontage landscaping as approved by the Planning Director in the existing green spaces between the sidewalk and the parking lot along South Plaza Trail and Presidential Boulevard. 3. The parking lot will be repaved where necessary and the exterior of the building will be cleaned or repainted where necessary. 4. The hours of operation of the restaurant will be from 10 a.m. to 9 p.m. during the week and 10 a.m. to 11 p.m. on weekends. 5. Further conditions mandated by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 6.. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, in force as of the date of the conditional rezoning amendment is approved by the Grantee. 7. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions specified in this Agreement, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to 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 3 show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the 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 ~ A STEVEN KREVER President of Krever Holdings, Inc. COMMONWEAL TII OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, ~"'4W A. #()~MIl . the undersigned, a Notary Public in and for the City and State aforesaid, do hereby certify that Steven Krever, whose name is signed to the foregoing instrument as president of Krever Holdings, Inc., has sworn to, subscribed, and aclmowledged the same before me in my City and State aforesaid this /.1~ day of October, 2005. The said Steven Krever is personally _ lmown to me; or .,/' has produced J~ J)41,/&4S' L.~';' for identification pwposes. My Commission E 4 EXHIBIT A LEGAL DESCRIPTION ALL that certain lot, piece or parcel of land, with the building and improvements thereon, lying, situate and being in the Lynnhaven Borough of the City of Virginia Beach, Virginia, designated and described as "Parcel A, 0.58566 acres" on plat entitled "Subdivision of Property ofW. C. Lineberry Estate, M.B. 72, Pg. 4, made by Langley and MacDonald, Engineers-Planners-Surveyors, Virginia Beach, Virginia. Scale 1" = 20', dated 8/31/79 including an easement shown on "Parcel B" and "Parcel C" on said plat extending from South Plaza Trail to the northern boundary of "Parcels Band C", and "Ingress/Egress, Parking Easement hereby dedicated to Parcels A and C from Parcel B", which said plat is duly of record in the Clerk's Office of the Circuit Court of the City Virginia Beach, Virginia in Map Book 136 at page 31. IT BEING the same property conveyed to Krever Holdings, Inc. by deed dated March 31, 2003, from Key Associates, Inc. ~ 5 ~ - 54- Item V-K.7. PLANNING ITEM # 54652 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED until the City Council Session of December 20, 2005: AMENDMENTS to REORDAIN and REPEAL the City Zoning Ordinance (CZO) a. Section 221.1 re specific standards for conditional uses within certain Air Installations Compatible Use Zones (AICUZ); and ADD a new Article 18, JJ1800 - 1807 re discretionary development applications and sound attenuation requirements in buildings and structures in certain AICUZ b. Airport Noise Attenuation and Safety Ordinance (Appendix /), re sound attenuation requirements in certain buildings and structures and required disclosures in residential real estate transactions c. Official Zoning Map by designation and incorporation of the NAS Oceana - NALF Fentress Interfacility Traffic Area d. Comprehensive Plan to incorporate the NAS Oceana - NALF Fentress Interfacility Traffic Area Map e. Comprehensive Plan, Chapters 1 (Introduction and General Strategy), 2 (Strategic Growth), 3 (Primary Residential Areas), 5 (Princess Anne/Transition Area) and 9 (Natural Resources and Environmental Quality Plan), Appendix of the Policy Document and Princess Anne Corridor Plan to incorporate provisions of AICUZ, the Hampton Roads Joint Land Use Study and AICUZ Overlay Ordinance November 22,2005 - 55 - Item V-K.7. PLANNING ITEM # 54652 (Continued) Voting: 10-0 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, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Jim Reeve Vice Mayor Louis R. Jones DISCLOSED Pursuant to Section 92.2-3115 (G) re discussion and vote on the City's response to the Base Realignment and Closure Commission's (BRAC) Final and Approved Recommendations regarding Naval Air Station Oceana. Vice Mayor Jones owns property located in the inter-facility traffic area and is a member of the Board of Directors of Resource Bank where he receives more than $10,000 annually in compensation as a Member of the Board. Resource Bank has extended loans and lines of credit to owners and developers of property located in the Accident Potential Zone Vice Mayor Jones wished to disclose this interest and advised he was able to participate in this discussion fairly, objectively and in the public interest. Vice Mayor Jones's letter of October 25, 2005, is hereby made a part of the record. November 22, 2005 City e>f Virgi:r1ia. Bea.ch LOUIS R. JONES COUNCII.MAN - DISTRICT 4 - SA YSIDE PHONE: FAX: (757) 583-0177 (757) 426-5669 October 25,2005 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 the inter-facility traffic area. 3. I also am a member of the Board of Directors of Resource Bank and receive more than $10,000 annually in compensation for serving on the board. Resource Bank has extended loans and lines of credit to owners and developers of property located in Accident Potential Zone 1, 4. I am a part of two groups-property owners in the inter-facility traffic area and financial services providers to owners and developers of property located in Accident Potential Zone I-the members of which are affected by the City's response to the BRAC report. 5. I am able to participate in this discussion fairly, objectively, and in the public interest. 1008 WITCH POINT TRAIL, VIRGINIA BEACH, VA 23455-5645 Mrs. Ruth Hodges Smith -2- October 25,2005 Re: Disclosure Pursuant to Section 2.2-3115(G), Code of Virginia Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincerely, ~(K Louis R. J 0 Vice Mayor LRJ/RRI - 56- Item V-M. APPOINTMENTS ITEM # 54653 BY CONSENSUS, City Council RESCHEDULED: BEACHES and WATERWAYS COMMISSION BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY SERVICES BOARD GOVERNANCE COMMITTEE FOR HISTORIC SITES HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HISTORICAL REVIEW BOARD INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA PERSONNEL BOARD (Alternates) PLANNING COMMISSION RESORT ADVISORY COMMISSION (RAC) SENIOR SERVICES OF SOUTHEASTERN VIRGINIA (SEVAMP) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) WETLANDS BOARD (Alternates) November 22,2005 - 57- Item V-No NEW BUSINESS ITEM # 54654 BY CONSENSUS, the City Clerk shall record: ABSTRACT OF VOTES - GENERAL ELECTION - November 8,2005 November 22, 2005 - 58- ITEM # 54655 Mayor Oberndorf entertained a motion to permit City Council to conduct a second CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended,for the following purpose: PERSONNEL MA TTERS: 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) (I). To Wit: Appointments: Boards and Commissions: Board of Zoning Appeals Planning Commission Evaluation of Council Appointees PUBLIC CONTRACT: Discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms of scope ofsuch contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711(A)(30) Military Liaison 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 legal advice by counsel pursuant to Section 2.2-3711 (A)(7). BRAC Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council voted to proceed into CLOSED SESSION (6:37 P.M.). Voting: 10-0 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, Peter W Schmidt. Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Jim Reeve (Closed Session: 6:37 P.M. - 8:45 P.M.) November 22, 2005 - 59- CERTIFICATION OF CLOSED SESSION ITEM # 54656 Upon motion by Councilman Wood, seconded by Councilman Schmidt, 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: 10-0 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, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Jim Reeve November 22,2005 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 # 54655, page 58, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3711(A) of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. G~~ Ru h Hodges Smith, MMC City Clerk November 22, 2005 - 60- Item V-D. ADJOURNMENT ITEM # 54657 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:47 P.M. al~____IJ__?;J!-~ Beverly 0. Hooks, CMC Chief Deputy City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia November 22, 2005