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APRIL 11, 2006 MINUTESCITY OF VIRGINIA BEACH A COMMUNITY FOR A LIFETIME CITY COUNCIL MAYOR MEYF,RA E. OBERNDORF, At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIFZEL Kempsville - District 2 ROBERTM. DYER, Centerville -District I REBA S. McCLANAN, Rose Hall - District 3 RICHARD A. MADDOX, Beach - District 6 .IIM REF, VF, Princess Anne - District 7 PETER W. SCHMIDT, At -Large RONA. VILLANUEVA, At -Large ROSEMARY WILSON, At -Large .LAMES L. WOOD, Lynnhaven -District 5 CITY MANAGER -JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES SMITH, MMC I. BUDGET WORKSHOP CITY COUNCIL AGENDA 11 April 2006 Conference Room 1. 2006-2007 RESOURCE MANAGEMENT PLAN OVERVIEW Catheryn Whitesell, Director, Management Services 2. COMPENSATION Fagan Stackhouse, Director, Human Resources II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION Conference Room A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 427-4303 FAX (757) 426-5669 E-MAIL: Ctyencl@vbgov.com 1:30 PM 4:30PM V. FORMAL SESSION Council Chamber 6:00PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend James E. Parke Pastor Church of the Ascension and Church of the Apostles 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 L INFORMAL and FORMAL SESSIONS April 4, 2006 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARINGS LEASE OF CITY PROPERTY 1. Dolphin Run Condominium Association 2. deWitt Cottage I. CONSENT AGENDA J. RESOLUTIONS 1. Resolution directing the City Manager to INCREASE the net worth limitations re Tax Exemption Program for the Elderly to the maximum permitted by the Code of Virginia 2. Resolution to GRANT a third extension to respond to the City's request for Formal Renewal Proposal re the City's Cable Franchise with Cox Communications of Hampton Roads, LLC 3. Resolution to ESTABLISH a Tax Deferral Task Force to serve in an advisory capacity to City Council 4. Resolution to APPOINT Alexander W. Stiles as an Associate City Attorney, effective April 17, 2006 K. L. ORDINANCES 1. Ordinances to AUTHORIZE temporary encroachments into City property: a. JAMES A. and JEAN W. ALEXANDER to maintain a fence, wooden walkway and deck at 2411 Ketch Court (DISTRICT 6 — BEACH) (Deferred April 4, 2006) b. VINCENT J. and SUSAN T. MASTRACCO to maintain an existing masonry wall, concrete generator pad and generator at 8404B Ocean Front Avenue (DISTRICT 6 -BEACH) 2. Ordinances to AUTHORIZE the City Manager to execute leases of City -owned property: a. BACK BAY WILDFOWL GUILD for the deWitt Cottage at 1113 Atlantic Avenue b. DOLPHIN RUN CONDOMINIUM ASSOCIATION area for overflow parking at 3rd Street and Atlantic Avenue 3. Ordinance to GRANT a franchise for an Open Air Cafe in the Resort Area to Giovanni's, Inc., and RENEW franchises for Cabana Cafe, LLC; Beachside, LLC t/aYacht Club Cafe, and BBH Corporation t/a 18th Street Cafe PLANNING 1. Application of RADHAKRISHNA RENUKUNTA and KAVITHI VURIMINDI for a Change ofZoninz District Classification from AG -1 Agricultural to Conditional R-10 at Chestnut Oak Way (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION: APPROVAL 2. Application of CELEBI and M. SELIM OZIC for a Change of Zoning District Classification from AG -2 Agricultural to Conditional R-7.5 Residential at 1247 Culver Lane (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION: APPROVAL 3. Application of KINGDOM BUILDING WORSHIP for a Conditional Use Permit re a church at 928 Commonwealth Place (DISTRICT 1 — CENTERVILLE) RECOMMENDATION: APPROVAL 4. Application of CITY OF VIRGINIA BEACH to AMEND §502 of the Zoning Ordinance re front yard setbacks for lots fronting on the east side of Sandfiddler Road. RECOMMENDATION: APPROVAL APPOINTMENTS BEACHES and WATERWAYS COMMISSION HUMAN RIGHTS COMMISSION INVESTMENT PARTNERSHIP ADVISORY COMMITTEE — PPEA MEAL TAX TASK FORCE OCEANA LAND USE CONFORMITY COMMITTEE SOUTHEASTERN PUBLIC SERVICE AUTHORITY — SPSA N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT Agenda 4/11/06 St www.vbgov.com If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Hearing impaired, call: Virginia Relay Center at 1-800-828-1120 MAY 29 2006 CITY COUNCIL SESSIONS CANCELLED RE COUNCILMANIC ELECTION 2006 BUDGET SCHEDULE April 11 (Workshop) Council Conference Room April 18 (Workshop) Council Conference Room April 20 (Workshop) Convention Center at 3:00 p.m. April 20 (Public Hearing) Bayside High School at 6:30 p.m. April 25 (Workshop) Council Conference Room April 25 (Public Hearing) Council Chamber at 6:00 p.m. May 3 (Reconciliation Workshop) Council Conference Room at 3:00 p.m. May 9 (City Council Action) Council Chamber -1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 11 April 2006 Mayor Meyera E. Oberndorf called to order the 2006-2007 RESOURCE MANAGEMENT PLAN WORKSHOP in the City Council Conference Room, City Hall, on Tuesday, April 11, 2006, 2006 at 1:30 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, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None April 11, 2006 -2 - MA YOR `S PRESENTA TION 1:30 P.M. ITEM # 55094 Mayor Oberndorf presented a premier 11 %-minute video as part of the effort to inform the citizens of the City's compliance with the Base Realignment and Closure Commission's (BRAC) orders and to preserve the City's partnership with the United States Navy. Virginia Beach is a City of 435,000 persons and home to Oceana Naval Air Station, the Nation's East Coast Master Jet Base. To meet the requirements of the BRAC Commission Order and not Condemn 3500 homes, Virginia Beach created an innovative solution. By utilizing the City's power to change zoning laws, the City's Plan will immediately prevent any future incompatible development in all the 1600 plus acres in APZ 1. The City can leverage the funds wisely to encourage compatible development and have incompatible redevelopment relocate to areas outside of APZ 1. Commencing on December 20, 2005, the City begin meeting the terms of the BRAC Order. Aircraft has been flying into and out of Oceana Naval Air Station since 1943. Virginia Beach has a rich and successful history serving as "home" to tens of thousands of Navy families. The City is proud of the traditions and successes with the Navy and expects to continue the tradition well into the future. The people who work at Oceana and their families are part of the `fabric" of this City. The City Manager advised Mark Ames and Eric Lonning of the BCF (Barker, Campbell, Farley) Agency with the assistance of the City Attorney, Deputy City Attorney William Macali, Charles R. Applebach — Manager, Media and Communications, and staff compiled this video. This video will be produced on VBTV. April 11, 2006 -3 - BUDGET WORKSHOP 2006-2007 RESOURCE MANAGEMENT PLAN OVERVIEW 1:00 P.M. ITEM # 55095 Catheryn Whitesell, Director — Management Services, advised the purpose of the overview: Discuss policies in the FY 2006-07 Resource Management Plan, respond to City Council questions and develop a joint understanding of a philosophy to guide the FY 2006-07 Resource Management Plan. Objectives to Frame Resource Decisions Maintain and sustain current community services Reduce real estate tax rate Adequately compensate employees Meet existing commitments/agreements Save remaining debt for strategic projects The Barriers encompass increased costs of Fuel and Utilities, Asphalt and Concrete, Constructions, Retirement, and Life Insurance and Health Insurance. Graphs were displayed depicting these costs. Mrs. Whitesell advised the source of the data re the general construction, materials and labor costs "Trends for the Mid -Atlantic Region " (Chart 1-13) will be provided. 17.18% of the total payroll costs will be expended toward the Virginia Retirement System. The City's employees' "life insurance holiday" will be eliminated. A graph depicted the years the City paid life insurance to the Virginia Retirement System. The City Manager advised different concepts of retirement re new employees are being reviewed and the information will be provided to City Council. Mrs. Whitesell advised PG discussions with the Management Leadership Team (MLT) re engaging a Pension Consultant to review the issues of retirement. The average cost per employee for the defined benefit program is seventeen (17%) percent of the employee' salary (fully paid by the City). For every $1.00 of payroll, approximately 26¢ is paid by the City covering retirement, life insurance and FICA: 17 ¢ Retirement 1.2 ¢ Life Insurance 7.65¢ FICA Upon retirement, the City reimburses the employee for unused leave, up to a maximum of 400 hours. 100% of the cost of Health Insurance is expended for Health Insurance. A $53.00 per month increase in the City's Health Care contribution is proposed. The City's annual contribution (effective January 1, 200 7) is $5,225 per employee. Susan Walston, Chief of Staff, advised the present Health Insurance, was the result of a bid with a 5 -year annual renewal clause. The City is now in a renewal year and will commence the Request for Proposal (RFP) process in the Fall to bid for next year (Contract for 2008). The utilization rate is reviewed each quarter. Rates have not been established at the present time. The City designs its own medical plan, as the City is self insured. Therefore, the bid is the third party administrator and the network and positions serviceable to the City's plan. Dental is fully insured; and, therefore, the City purchases an actual plan. April 11, 2006 BUDGET WORKSHOP 2006-2007 RESOURCE MANAGEMENT PLAN OVERVIEW ITEM # 55095 (Continued) Information shall be provided relative the number of employees per health insurance plan and type of plan. The City Manager advised all of the costs (total compensation adjustments, fuel, utilities, asphalt, concrete and construction would entail a cost of $103 MILLION. Mrs. Whitesell advised the City departments have reduced usage of City vehicles by approximately 3%. Information relative Charlotte, North Carolina, utilization of vehicles and other cities within the region shall be provided. Charles Meyer, Chief Operating Officer, advised the number of "take home" vehicles has been reduced by 25%. A very strict criteria has been established i.e. "Police Crash Team ". Essentially, the only "take home " vehicles are those of Public Safety (Police, Fire, Emergency Medical Services). These are only for individuals who must go from home directly to an incident scene. Mrs. Whitesell outlined the Strategies and Capacity: Capacity Fund Balance Project Debt Per Capita Shifting Resources Potential Revenues Recommended Strategies BRAC Sandbridge TIF and Sand Replenishment Real Estate Dedications Agriculture Reserve Outdoor Initiative Recreation Center Real Estate Tax Rate Reductions The total estimated Undesignated Fund Balance as of June 30, 2006, is $97,415,775, The Undesignated Fund Balance, as a percent of FY 2006-07 Revenues, is 10.15%. The fund balance policy requires a minimum of 8% of the undesignated fund balance. The City strives to maintain its undesignated fund balance at a higher level to strengthen its standing in the bond market and to enhance its ability to react to unforeseen events in the future. If the City maintained its FY 2006-07 Undesignated Fund Balance at 8%, the amount would be $76,786,114. Patricia Phillips, Director of Finance, expressed concern re the Personal Property Tax Revenues (the majority of which is collected in June). This year, with the Personal Property Tax Relief Reform, the State is capping these funds. Mrs. Phillips was not sure the amount, or when, these funds would be received. A $10 MILLION increase in the Fund Balance has been estimated if the State changes the time of reimbursement to the City. Mrs. Phillips distributed the Standard and Poor's publication "Top 10 Management Characteristics of Highly Rated Credits in U.S. Public Finance". Virginia Beach has a AA+ Credit Rating, highest in the region. This would be at risk if the City should decide to lower the Fund Balance without having strength to display to the rating agencies. April 11, 2006 -5 - BUDGET WORKSHOP 2006-2007 RESOURCE MANAGEMENT PLAN OVERVIEW ITEM # 55095 (Continued) The maximum debt per capita in the amount of $2,268.84 will be attained in FY 2007-08. With the proposed FY 2006-07 Capital Improvement Program, the Debt Per Capita in the amount of $2,249.96 will be extended to FY 2009-10. Comparison to other localities will be provided. Relative the sale of parcels of the City's excess property, Dean Block, Director of Public Works will provide information concerning this concept. POTENTIAL TAX REVENUE ENHANCEMENTS Tax Revenue Impact Comment (Proposed $0.99) $4.5 -MILLION per penny in FY 07 Issue of combined tax and assessment increases, city has lowest tax rate in area; real estate is tax deductible. Personal Property Tax 10¢ generates approximately $3.3- Rate was reduced by 10¢ in FY 1995 (majority of Personal MILLION ($3.70); all cities in the region are Property levied at $3.70) above $4.00; 100% of the increase would be borne by citizens rather than 63.8% state and 36.2% resident; could be additional administrative burdens Utility Tax ($3.0 per Raise rates on commercial, non Approximately `half of the other month on residential and telecommunication (we are at state cap localities have rates above our charges vary on on residential and State is restructuring commercial rates and `half are below commercial) telecommunication taxes and localities will lose ability and to raise these rates); difficult to quantify impact of raising rates on non telecommunication utilities without analysis, but could generate $I- $2 -MILLION. Auto Licenses ($26 $3.5 additional permitted under the Code This increase would place our license proposed in FY 06-0 7for of Virginia; each $1 increase generates charge at the 2"d highest in the region; one year to fund Virginia approximately $374,000. ($1 of the raising the license fee requires 90 -day Beach 2007 Celebration) potential increase would have to be notification to DMV, since they collect eliminated in 2008, since the City cannot fee for City exceed the state fee, which sunsets by $1 in 2008. Cigarette Tax ($.50 per $209,500 per penny State may eventually cap local rates; pack) Norfolk (55¢), Hampton (65¢, Newport News (650); others at (50¢)) Amusement Tax (10% and I% generates $532,000 (if each were City current rate matches highest in 5% participatory) raised by 1 %) region and state Hotel Tax (8.0%) 1 cent generates $2.44 MILLION Current rate matches the region highest, already exceeds the rates of Myrtle Beach and Ocean City Hotel Flat Tax ($1 per $1 generates approximately $2.2- Chesapeake established and then room night) MILLION rescinded a flat tax for non -tourism purposes. Meal Tax (5.5%) 1 cent generates $8.6 -MILLION Chesapeake and Suffolk are at 5.5% while all the other major cities are 6.5% Refuge Collection Fee To be estimated Chesapeake and Suffolk are the only other regional cities that charge a fee April 11, 2006 BUDGET WORKSHOP 2006-2007 RESOURCE MANAGEMENT PLAN OVERVIEW ITEM # 55095 (Continued) The BRAC funding ahead of formula: $7.5 MILLION City of Virginia Beach = $3,615,750 School - $3,884,250 Sandbridge Tax Increment Financing and Sand Replenishment The City would commit to regular sand replenishments The City would continue to seek federal participation Lower the real estate tax surcharge in the Special Services District from 12¢ to 6¢ The City would only declare TIF funding surplus if the commitment to the approved sand replenishment program. Relative the Agriculture Reserve Program (ARP), the original estimate was 1.5 cent. In FY 2004-05 City Council reduced the ARP rate from 1.5 cents to I cent and the staff is proposing lowering the rate to another one tenth of a cent (9cent). Mrs. "itesell displayed a chart indicating the number of acres purchased since 1997, value of development rights, average cost per acre, average interest rate and average interest payment. Mrs. "itesell displayed a chart depicting Recreation Center Dedicated Real Estate Tax Revenue and Expenditures. The staff is proposing a reduction in the Outdoor Initiative Fund from .7¢ to .5¢ (pay as you go type dedication). This funding is for small park purchase and development, maintenance and related activities. Cindy Curtis, Director of Parks and Recreation, advised the YMCA is working with SENTARA to develop a recreational facility. This would eliminate some of the overcrowding experiencing at the Kempsville and Princess Anne Recreation Centers. Real Estate Tax Rates Each penny= $4.5 -MILLION in FY 2007 _ $5.1 -MILLION in FY 2008 City School Revenue Sharing Formula would split each penny - 51.79% to Schools - 48.21 % to City A comparison of Annual Tax Impact for Virginia Beach, Norfolk, Portsmouth Suffolk, Hampton and Newport News was provided. April 11, 2006 BUDGET WORKSHOP 2006-2007 RESOURCE MANAGEMENT PLAN OVERVIEW ITEM # 55095 (Continued) Proposed Biennial Budget — Expenditure Categories BIENNIAL BUDGET Appropriations • Personnel • Operations & CIP Pay -As -You -Go • City and School Debt Service • City General Reserves • Reduction to School Budget Total Appropriations (Billion) FY 2006-07 FY 2007-08 $1,027.5 $1,093.0 476.1 485.9 124.2 136.2 18.4 27.6 -7.1 -8.2 $1,639.1 $1,734.5 Charts indicating a Revenue Source Summary were displayed. FY 2006-07 FY 2007-08 Total Revenue: $1,639,115,908 $1,734,495,801 Mrs. Whitesell distributed the Virginia Beach School Board's Biennial Operating Budget School Budget • Reduction to School Board adopted Budget and CIP — Reduction in the real estate tax rate from $1.0239 to 99¢ — BRAC funding before the application of the City/School Revenue Sharing Formula — Reduction in pay-as-you-go funding to CIP and its replacement with General Fund Balance (These three (3) adjustments resulted in a reduction of $7.1 -MILLION to the School's Operating Budget) 1. Elimination of anew project to replace one of the City's oldest high schools • Local contribution to the School's Operating Budget is $161 Million over required level FY 2006-07 FY 2007-08 Proposed Proposed Total School Funding: $ 832,468,320 $ 871,447,339 April 11, 2006 BUDGET WORKSHOP 2006-2007 RESOURCE MANAGEMENT PLAN OVERVIEW ITEM # 55095 (Continued) Proposed Capital Improvement Program Surplus funding from Sandbridge TIF Estimated projects Section 9-060 Oceana and Interfacility Traffic Area Conformity and Acquisition Total Project is: $3.7 -MILLION transferred from ARP Fund Balance for Interfacility Traffic Area $15 -MILLION each year $7.5 -MILLION transferred to CIP from General Fund each year $7.5 MILLION in State funding each year Relative the surplus funding from the Sandbridge Tax Increment Financing (Total: $9 -MILLION): $4.7 -MILLION to Schools to support their capital budget $4.3 -MILLION to City Capital Improvement Program projects to maintain Program, specifically the roadways program Mrs. Whitesell detailed the twenty-one (21) eliminated Capital Projects, a list of which is hereby made a part of the record. April 11, 2006 BUDGET WORKSHOP COMPENSATION 4:38 P.M. ITEM # 55096 Fagan Stackhouse, Director — Human Resources FY 2007-08 proposed the detailed the Summary of Compensation Increases: Not included are FICA, Medicare and small allowances. Mr. Stackhouse referenced an overview of Compression: General Employees Methodology — designed to address horizontal compression Get employees to the appropriate point in the pay range based on time in title Address junior employees having similar salaries as more senior employees Final installment Cost: Approximately $970,000 April 11, 2006 FY 2005-06 FY 2006-07 FY 2007-08 FY 2007-08 Adjusted Proposed Proposed Proposed with Rollover Personal Services: Salaries $ 282, 975, 889 $ 289,149, 877 $ 291, 384, 817 $ 307, 702, 768 Merit Increase 10, 576, 460 10, 576, 460 Compression (Public 4,300,000 4,300,000 Safety) Compression (General) 970,000 630,000 Rollover 16, 317, 951 Market Survey 0 7,972,481 TOTAL Personal Services $ 282,975,889 $ 304.996,337 $ 291.384,817 $ 347.499,660 Fringe Benefits: Health Insurance $ 24, 332, 369 $ 28, 697, 898 $ 29, 481, 510 $ 33, 949, 874 Contribution Increase 2,234,182 1,654,509 (15% in FY 07; 10% in FY 08) Rollover 4,468,364 Virginia Retirement 37,509,306 44,662,613 44,948,485 44,948,485 System Life Insurance 0 3,171,682 3,191,983 3,191,983 TOTAL Fringe Beneats $ 61,841,675 $ 78,766,375 $ 77,621,978 $ 88.213,215 TOTAL Compensation $ 344, 817, 564 $ 383, 762.712 $ 369, 006.795 $ 435.712, 875 Percentage Increase 11.29% 13.54% Not included are FICA, Medicare and small allowances. Mr. Stackhouse referenced an overview of Compression: General Employees Methodology — designed to address horizontal compression Get employees to the appropriate point in the pay range based on time in title Address junior employees having similar salaries as more senior employees Final installment Cost: Approximately $970,000 April 11, 2006 -10 - BUDGET WORKSHOP COMPENSATION ITEM # 55096 (Continued) Mr. Stackhouse displayed the chart entitled: Frequency Distribution of General Employee Compression Adjustments FY 05106. The current data from the consultant has not been received. For all the general employees, a vertical compression adjustment will be applied next Fiscal Year 2007/08. The anticipated cost is approximately $630,000. Public Safety (E911, EMS, Fire, Police) Methodology — designed to address horizontal and vertical compression Address junior employees having similar salaries as more senior employees Address issues of employees having similar or higher salary than supervisors Implemented over a 2 -year period (not to exceed maximum of pay range) Cost: Approximately $7.3 -MILLION Mr. Stackhouse expressed gratitude to Regina Hilliard, Human Resources, and Tom Mitchell — Police, for their contributions to the formation of this Plan. 1,232 Public Safety employees will be receiving adjustments for a two year period: 78% of E911 ( 69) 70% of EMS ( 31) 92% of Fire (3 73) 96% of Police (759) Mr. Stackhouse advised the cost for Public Safety Compression adjustments by department E911 $ 136,894 EMS $ 66,943 Fire $2,246,773 Police $ 4,836,072 As of June 30, 2006, six (6) Public Safety employees will be "topped" out in their pay classification. As a result of all the proposals addressing compression, there will be two hundred (200) Public Safety employees who will be "topped" out in their pay classification Recommend a 1.5% increase for all employees (cost -of -living or across -the board) Allows for: Increase in all pay range minimums and maximums Increase for each employee (actual dollars) Avoid future compression April 11, 2006 -11 - BUDGET WORKSHOP COMPENSATION ITEM # 55096 (Continued) Merit Increase Recommend a 3%increase for all full-time employees on their merit dates In the past, our goal has been to provide a 4.5% merit Efforts to balance cost and address pay compression have been met Mr. Stackhouse advised the average increase for all the neighboring cities and ties is approximately 4%. Mr. Stackhouse advised the staff will continue to share information re the compensation plans with employees. The staff will report to City Council prior to December 1, 2007 with a review of progress and the Public Safety Step Plan. Compensation components will continue to be monitored to identify any implementation concerns or other issues. Mayor Oberndorf expressed appreciation to Council Members Diezel and Wood, Liaisons, and the City stafffor their dedicated efforts. April 11, 2006 -12 - CITY COUNCIL COMMENTS 5:14 P.M. ITEM # 55097 Mayor Oberndorf advised the City of Virginia Beach have been chosen by Reader's Digest as the most "beautiful promenade along the Oceanfront". April 11, 2006 -13- A GENDA REVIEW SESION 5:15 P.M. ITEM # 55098 J.1. Resolution directing the City Manager to INCREASE the net worth limitations re Tax Exemption Program for the Elderly to the maximum permitted by the Code of Virginia This item will be discussed during the Formal Session. ITEM # 55099 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: J. RESOLUTIONS 2. Resolution to GRANT a third extension to respond to the City's request for Formal Renewal Proposal re the City's Cable Franchise with Cox Communications of Hampton Roads, LLC 3. Resolution to ESTABLISH a Tax Deferral Task Force to serve in an advisory capacity to City Council 4. Resolution to APPOINT Alexander W. Stiles as an Associate City Attorney, effective April 17, 2006 K ORDINANCES 1. Ordinances to AUTHORIZE temporary encroachments into City property: a. JAMES A. and JEAN W. ALEXANDER to maintain a fence, wooden walkway and deck at 2411 Ketch Court ( rrT��: - RV4r'u) (DISTRICT 5 LYNNHAVEN) (Deferred April 4, 2006) b. VINCENT J. and SUSAN T. MASTRACCO to maintain an existing masonry wall, concrete generator pad and generator at 8404B Ocean Front Avenue (DISTRICT 5 LYNNHAVEN 2. Ordinances to AUTHORIZE the City Manager to execute leases of City -owned property: a. BACK BAY WILDFOWL GUILD for the deWitt Cottage at 1113 Atlantic Avenue b. DOLPHIN RUN CONDOMINIUM ASSOCIATION area for overflow parking at 3rd Street and Atlantic Avenue April 11, 2006 -14- A GENDA REVIEW SESSION ITEM # 55099 (Continued) 3. Ordinance to GRANT a franchise for an Open Air Cafe in the Resort Area to Giovanni's, Inc., and RENEWfranchises for Cabana Cafe, LLC; Beachside, LLC t/a Yacht Club Cafe, and BBH Corporation t/a 18'h Street Cafe Item K.1 a will be DEFERRED INDEFINITELY, BY CONSENT Item KI b will be DEFERRED INDEFINITELY, BY CONSENT Council Lady McClanan will ABSTAIN on Item 2b as she is the owner of a unit in the Dolphin Run Condominium having a value in excess of SI0,000. April 11, 2006 -15 - AGENDA RE VIEW SESSION ITEM # 55100 1. Application of RADHAKRISHNA RENUKUNTA and AAVITHI VURIMINDI for a Change of Zoning District Classification from AG -1 Agricultural to Conditional R-10 at Chestnut Oak Way (DISTRICT 7 —PRINCESS ANNE) 2. Application of CELEBI and M. SELIM OZIC for a Change of Zoning District Classification from AG -2 Agricultural to Conditional R-7.5 Residential at 1247 Culver Lane (DISTRICT 7 — PRINCESS ANNE) The City Attorney advised the applications of RADHAKRISHNA RENUKUNTA and KAVITHI VURIMINDI and CELEBI and M. SELIM OZIC are the first under the AICUZ Overlay Ordinance. The City Attorney distributed Ordinances relative these applications noting compatible findings in compliance with the new Zoning Ordinance, there is no other reasonable use of the property and the applications encompass the least density. These items will be discussed during the Formal Session. BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: 3. Application of KINGDOM BUILDING WORSHIPfor a Conditional Use Permit re a church at 928 Commonwealth Place (DISTRICT I — CENTERVILLE) 4. Application of CITY OF VIRGINIA BEACH to AMEND §502 of the Zoning Ordinance re front yard setbacks for lots fronting on the east side of Sandfiddler Road. April 11, 2006 -16 - ITEM # 55103 Mayor Meyer E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-3711(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 Human Rights Commission Investment Partnership Advisory Committee — PPEA Meal Tax Task Fore Oceana Land Use Conformity Committee Southeastern Public Service Authority PUBLICLY -HELD PROPERTY.- Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly -held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.2-371 ](A)(3). Acquisition/Disposition of Property - Beach District Upon motion by Councilman Wood, seconded by Vice Mayor Jones, City Council voted to proceed into CLOSED SESSION (5:30 P.M.). Voting: 11-0 Council Members Voting Aye.- Harry ye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None (Closed Session: 5:30 P.M. - 5:50 P.M.) (Dinner: 5:50 P.M. — 6:10 P.M.) April 11, 2006 -17 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL April 11, 2006 6:15 P.M. Mayor Meyer E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, April 11, 2006, at 6:15 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, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION. Reverend James E. Parke Pastor, Church of the Ascension and church of the Apostles GZLI DIS�Ia[I)�7rjyg&TH/[KIZawtvISL8101it lPiRvArl lYyaCYUawlr1jim7[v/I Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm 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 and file 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 apart 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 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 and file 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 apart of the record. April 11, 2006 Item V -E. CERTIFICATION OF CLOSED SESSION ITEM # 55104 Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council CERTIFIED THE CLOSED SESSION TO BE INA CCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 11, 2006 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 # 55103, page 16, and in accordance with the provisions of TheVirginia 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. 56th Hodges mi h, MMC City Clerk April 11, 2006 Item V -F.1. MINUTES -19 - ITEM #55105 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED Minutes of the INFORMAL AND FORMAL SESSIONS of April 4, 2006. Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 11, 2006 -20- Item V-G. ADOPTAGENDA FOR FORMAL SESSION ITEM #55106 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION April 11, 2006 -21- Item 21- Item V -G.2. ITEM # 55107 RECOGNITION Mayor Oberndorf recognized the following Scout in attendance to earn his merit badge: BOYSCOUT TROOP 364 Sponsored by Bayside Presbyterian Church William Hoppa William was accompanied by his mother. April 11, 2006 Item V -H.1. a. PUBLIC HEARING -22 - ITEM #55108 Mayor Oberndorf DECLARED A PUBLIC HEARING: LEASE OF CITYPROPERTY Dolphin Run Condominium Association There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. April 11, 2006 Item V -H. 1. b. PUBLIC HEARING -23 - Item 23 - ITEM #55109 Mayor Oberndorf DECLARED A PUBLIC HEARING: LEASE OF CITY PROPERTY de Witt Cottage There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. March 14, 2006 -24 - Item V.J/K RESOLUTIONS/ORDINANCES ITEM #55110 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION Resolutions Items 2, 3, 4 and Ordinances 1 alb (DEFERRED INDEFINITELY), 2a/b and 3 of the CONSENT AGENDA. Items I alb will be DEFERRED INDEFINITELY, BY CONSENT. Voting: 11-0 (By Consent) Council Members Voting Aye.- Harry ye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay.- None ay: None Council Members Absent: None Council Lady McClanan ABSTAINED, on Item 2b (Dolphin Run Condominium Association) as she is the owner of a unit in the Dolphin Run Condominium having a value in excess of $10,000. April 11, 2006 -25 - Item 25 - Item V.J.I. RESOL UTIONS ITEM #55111 A MOTION was made by Councilman Maddox, seconded by Councilman Villanueva to ADOPT a Resolution directing the City Manager to INCREASE the net worth limitations re Tax Exemption Program for the Elderly to the maximum permitted by the Code of Virginia: Upon SUBSTITUTE MOTION by Councilman Dyer, seconded by Council Lady Wilson, City Council REFERRED to the TAX ASSESSMENT TASK FORCE for recommendation to City Council by May 1, 2006: Resolution directing the City Manager to INCREASE the net worth limitations re Tax Exemption Program for the Elderly to the maximum permitted by the Code of Virginia: Voting: 6-5 Council Members Voting Aye: Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Rosemary Wilson and James L. Wood Council Members Voting Nay: Harry E. Diezel, Richard A. Maddox, Jim Reeve, Peter W. Schmidt and Ron A. Villanueva Council Members Absent: None April 11, 2006 Im, j"7Bjff#A RESOL UTIONS -26- ITEM #55111 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Resolution to GRANT a third extension to respond to the City's request for Formal Renewal Proposal re the City's Cable Franchise with Cox Communications of Hampton Roads, LLC Voting: I 1-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robe McClanan, Richard A. Peter W. Schmidt, Ron Council Members Voting Nay: Council Members Absent: None rt M. Dyer, Vice Mayor Louis R. Jones, Reba S. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, A. Villanueva, Rosemary Wilson and James L. Wood April 11, 2006 1 A RESOLUTION GRANTING COX 2 COMMUNICATIONS OF HAMPTON ROADS, 3 LLC A THIRD EXTENSION TO RESPOND 4 TO THE CITY'S REQUEST FOR FORMAL 5 RENEWAL PROPOSAL REGARDING THE 6 CITY'S CABLE FRANCHISE 7 WHEREAS, the Cable Television Franchise Ordinance between 8 Cox Communications of Hampton Roads, LLC ("Cox") and the City 9 expires on May 16, 2006; and 10 WHEREAS, in an effort to enter into a renewal agreement, by 11 resolution dated November 22, 2005, City Council authorized the 12 City Manager to issue a Request for Formal Renewal Proposal to 13 Cox; and 14 WHEREAS, pursuant to the formal renewal process set forth 15 in 47 U.S.C. §546, the City may establish a date by which Cox 16 must issue a response to the Request for Formal Renewal 17 Proposal; and 18 WHEREAS, the original deadline for Cox to issue a response 19 was January 23, 2006; and 20 WHEREAS, on January 24, 2006, Council adopted a resolution 21 extending the deadline for Cox to issue a response until 22 February 28, 2006; and 23 WHEREAS, on February 28, 2006, Council adopted a second 24 resolution extending the deadline for Cox to issue a response 25 until April 24, 2006; and 26 WHEREAS, based upon recent negotiations between the City 27 and Cox, it appears likely that the parties will be able to 28 execute a mutually satisfactory cable franchise agreement prior 29 to the May 16, 2006 expiration of the current franchise; and 30 WHEREAS, in an effort to allow informal negotiations to 31 proceed, Cox has requested a third extension of deadline to 32 issue a response to the Request for Formal Renewal Proposal. 33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 34 OF VIRGINIA BEACH: 35 That City hereby extends the deadline for Cox to respond to 36 the City's Request for Formal Renewal Proposal until June 15, 37 2006. 38 Adopted by the City Council of Virginia Beach, Virginia on 39 this 11th day of April , 2006. APPROVED AS TO CONTENTS: C. ComIT APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA9975 H:\PA\GG\OrdRes\Proposed\Cox Amendment Res III R-2 April 5, 2006 -27 - Item V.J.3. RESOL UTIONS ITEM #55112 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Resolution to ESTABLISH a Tax Deferral Task Force to serve in an advisory capacity to City Council Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay.- None ay: None Council Members Absent: None April 11, 2006 1 Requested by Councilmembers Rosemary Wilson and Reba 2 McClanan 3 4 A RESOLUTION ESTABLISHING A TAX 5 DEFERRAL TASK FORCE 6 WHEREAS, the City real estate tax assessments have 7 increased rapidly over the past several years; and 8 WHEREAS, the increased assessments have resulted in 9 increased tax liabilities for property owners; and 10 WHEREAS, the General Assembly has authorized local 11 governing bodies to provide for the deferral of amounts 12 exceeding 105 percent of the real estate tax on property owned 13 by a taxpayer in the previous tax year; and 14 WHEREAS, a comprehensive analysis of the impact of the real 15 estate tax and of a potential tax deferral program under section 16 58.1-3219 of the Code of Virginia would assist City Council in 17 making informed decisions about the implementation of a tax 18 deferral program. 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA: 21 1. That City Council hereby establishes the Tax Deferral 22 Task Force (the "Task Force"); 23 2. That the members of the Task Force shall be appointed 24 by City Council; 25 3. That the Task Force shall serve in an advisory 26 capacity to City Council; 27 4. That the Task Force shall: 28 a. study the impacts of a possible tax deferral 29 program on citizens; 30 b. determine what, if any, effect a tax deferral 31 program may have on special tax districts and the school 32 revenue sharing formula; and 33 C. analyze the effect on revenues to the City if a 34 tax deferral program is established, including how the 35 revenue would be replaced; and 36 d. recommend whether the City should implement a tax 37 deferral program and, if so, what the threshold amount of 38 tax increase should be for participation in the program, 39 the appropriate interest rate for the program, and whether 40 the program should apply to all property or should be 41 limited to real estate owned by and occupied as the sole 42 dwelling of the taxpayer. 43 5. That the Task Force shall report its findings to City 44 Council no later than May 1, 2006. 45 Adopted by the Council of the City of Virginia Beach, 46 Virginia on the 11th day of April , 2006. Approved as to Legal Sufficiency: JW -0 City Attorneyds Office CA9976 X:\PA\GG\OrdRes\Tax Deferral Task Force RES.doc April 4, 2006 R2 Item V.J.4. RESOL UTIONS ITEM #55113 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Resolution to APPOINT Alexander W. Stiles as an Associate City Attorney, effective April 17, 2006 Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.- None bsent: None April 11, 2006 1 A RESOLUTION APPOINTING ALEXANDER W. 2 STILES TO THE POSITION OF ASSOCIATE 3 CITY ATTORNEY 4 5 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That pursuant to § 2-166 of the City Code, Alexander W. 8 Stiles is hereby appointed to the position of Associate City 9 Attorney, effective April 17, 2006. 10 Adopted by the Council of the City of Virginia Beach, 11 Virginia, on the 11th day of April , 2006. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA -9977 X:\PA\GG\OrdRes\AppointStiles RES R-1 April 6, 2006 -29 - Item V K.1. a/b. ORDINANCES TEM #55114 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED INDEFINITELY: Ordinances to AUTHORIZE temporary encroachments into City property: JAMES A. and JEAN W. ALEXANDER to maintain a fence, wooden walkway and deck at 2411 Ketch Court 6P7°��T 6-94 LT) (DISTRICT 5 LYNNHAVEN) (Deferred April 4, 2006) VINCENT J. and SUSAN T. MASTRACCO to maintain an existing masonry wall, concrete generator pad and generator at 8404B Ocean Front Avenue PIST44GT6 AgACW) (DISTRICT 5 LYNNHAVEN Voting: I1-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 11, 2006 -30 - Item VK.2.a. ORDINANCES ITEM #55115 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AUTHORIZE the City Manager to execute a lease of City - owned property: BACK BAY WILDFOWL GUILD for the deWitt Cottage at 1113 Atlantic Avenue Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 11, 2006 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE OF CITY 3 PROPERTY NOT IN EXCESS OF FIVE YEARS 4 WITH THE BACK BAY WILDFOWL GUILD FOR 5 PROPERTY LOCATED AT 1113 ATLANTIC 6 AVENUE (de WITT COTTAGE). 7 WHEREAS, the City of Virginia Beach ("City") acquired the 8 de Witt Cottage property (the "Property") by deed from the Virginia 9 Beach Foundation on September 28, 1995; 10 WHEREAS, in October 2000, the City leased the property to 11 the Back Bay Wildfowl Guild (the "Guild") for a five year period, 12 which term expired October 23, 2005. 13 WHEREAS, the City's Department of Museums has determined 14 that it is in the best interest of the City, its citizens and its 15 visitors that the Guild continue to use the Property consistent 16 with the City's mission to preserve the historic nature of the 17 Property and to maintain operations and activities that complement 18 the general level of culture of the City of Virginia Beach; and 19 WHEREAS, the Guild desires to continue its use of the 20 Property consistent with the City's mission as aforesaid. 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 That the City Manager is hereby authorized to execute a 24 lease of the Property not in excess of five years with the Back Bay 25 Wildfowl Guild in accordance with the Summary of Terms attached 1 26 hereto, and containing such other terms as are acceptable to the 27 City Manager and approved by the City Attorney. 28 Adopted by the Council of the City of Virginia Beach, 29 Virginia, on the 11th day of April , 2006. CA -9871 X:\OID\REAL ESTATE\LEASES\Dewitt\DeWitt-Back Bay 2006\wildfowl (deWitt) ordinance 2006.DOC R-1 March 28, 2006 APPROVED AS TO CONTENT: Z� Departure t of M agement Services Facilities Management Office APPROVED AS TO LEGAL SUFFICIENCY: DePT r m t of 2 SUMMARY OF TERMS LESSOR: City of Virginia Beach. LESSEE: Back Bay Wildfowl Guild. TERM: October 23, 2005 — Midnight, October 23, 2010. RENT: One Dollar ($1.00) annually. RIGHTS AND RESPONSIBILITIES OF GUILD: • Will use the de Witt Cottage and accessory buildings located on the Leased Premises for operations and activities that preserve the historic nature of the de Witt Cottage and complement the City's historic culture. The cottage must remain open to the general public for at least 120 days and for a total of at least 1,000 hours per year. • Will provide daily housekeeping services and pay for all telecommunications fees and services and other utilities, unless specified to be paid by the City. • Will provide written security procedures designed to reasonably protect the Leased Premises against damage. • Will not perform major repairs or make any alterations or improvements without the written consent of the City. • Will maintain commercial general liability insurance with limits of not less than $1,000,000.00 CSL and all risk casualty insurance, at replacement cost value and with replacement cost endorsement, covering all of the Guild's personal property, all fixtures, floor coverings, furniture and leasehold improvements installed in the cottage by or on behalf of the Guild. The Guild will also maintain Worker's Compensation insurance to the extent required by state law. RIGHTS AND RESPONSIBILITIES OF CITY: • May insure or self -insure against loss/casualty of and may maintain comprehensive public liability insurance through its self-insurance program. • Will maintain and repair the Leased Premises and provide, at its sole cost and expense, utilities and services such as electricity, heating, fuel, water, sewer, waste collection and minimal weekly housekeeping services. TERMINATION: The City may terminate if the Guild fails to cure a default within 45 days after receipt of written notice of default. The Guild may terminate by providing the City 60 days written notice. X:\OID\REAL ESTATE\LEASES\Dewitt\DeWitt-Back Bay 2006\dewitt1se.sum.doc Prcnmrorl by PIN/Fnn /Fnn Simnnrt Sarvice5 Rureau 3/31/06 X:\Proiects\ARC Files\Agenda Maps\Dolphin Run Condos.mxd SITE 12TH ST 11TH ST 'o LOCATION MAP SHOWING PROPERTY TO BE LEASED TO yam. BACK BAY WILDFOWL GUILD 50 100 20 Feet Preoared by P.W./Eno./Encs. Support Services Bureau 3/31/06 t FilesWgenda Maps\DeWitt Property.mxd -31 - Item i.K.2.b. ORDINANCES ITEM #55116 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AUTHORIZE the City Manager to execute a lease of City - owned property: DOLPHIN RUN CONDOMINIUM ASSOCIATION area for overflow parking at 3rd Street and Atlantic Avenue Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Reba S. McClanan Council Members Absent: None Council Lady McClanan ABSTAINED, as she is the owner of a unit in the Dolphin Run Condominium having a value in excess of $10,000. April 11, 2006 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR LESS 3 THAN FIVE YEARS WITH DOLPHIN RUN 4 CONDOMINIUM ASSOCIATION, INC. FOR .09 5 ACRE OF CITY OWNED LAND LOCATED AT 3RD 6 STREET AND ATLANTIC AVENUE IN THE CITY 7 OF VIRGINIA BEACH 8 9 WHEREAS, the City of Virginia Beach ("the City") is the 10 owner of .09 acre of land located at 3rd Street and Atlantic 11 Avenue in Virginia Beach, Virginia (the "Premises"); 12 WHEREAS, Dolphin Run Condominium Association, Inc. 13 ("Dolphin Run Condominium") would like to enter into a formal 14 lease arrangement with the City for the Premises shown on 15 Exhibit A; 16 WHEREAS, the Premises will be utilized as an overflow 17 parking lot for the registered guests of the Dolphin Run 18 Condominium and for no other purpose; 19 WHEREAS, Dolphin Run Condominium has agreed to pay the 20 City $4,320 for the use of this property for a four-month 21 period; 22 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 23 CITY OF VIRGINIA BEACH, VIRGINIA: 24 That the City Manager is hereby authorized to execute a 25 lease for a term of less than five (5) years between Dolphin Run 26 Condominium and the City, for the Premises in accordance with 27 the Summary of Terms attached hereto and such other terms, 28 conditions or modifications as may be satisfactory to the City 29 Attorney and the City Manager. 30 Adopted by the Council of the City of Virginia Beach, 31 Virginia on the 11th day of April , 2006. APPROVED AS TO LEGAL SUFFICIENCY AND FORM Sig atu e ll" V APPROVED AS TO CONTENT t ;v! G Signatu&e Department CA -9870 X:\OID\REAL ESTATE\LEASES\Dolphin Run & Schooner Inn\Dolphin Run 2006\Dolphin run ordinance 2006.DOC R-1 March 28, 2006 SUMMARY OF TERMS LEASE FOR THE USE OF .09 ACRE OF CITY REAL PROPERTY LESSOR: City of Virginia Beach LESSEE: Dolphin Run Condominium Association, Inc. PREMISES: Approximately .09 acre of City property located at the corner of 3`d Street and Atlantic Avenue TERM: May 15, 2006 through September 15, 2006 RENT: Rent shall be $4,320, payable either in a lump sum or in equal monthly installments of $1,080.00. RIGHTS AND RESPONSIBILITIES OF DOLPHIN RUN CONDOMINIUM ASSOCIATION, INC.: • Will use the Premises for overflow parking for its guests and for no other purpose. • Will keep, repair, and maintain the Premises at its expense and will do so in a workmanlike manner. • Will maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Such insurance shall name the City of Virginia Beach as an additional insured. Lessee shall provide a certificate evidencing the existence of such insurance. • Will maintain Automobile Liability Insurance including coverage for non -owned and hired vehicles in an amount not less than five hundred thousand dollars ($500,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Licensee shall provide a certificate evidencing the existence of such insurance. • Will assume the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. RIGHTS AND RESPONSIBILITIES OF THE CITY: • Will have access to the premises at any time, without prior notice, in the event of an emergency. • Will have the right to require Dolphin Run Condominium Association, Inc. to surrender possession and control of the Premises to the City upon forty-eight (48) hours notice in the discharge of its powers, purposes, or responsibilities. • Will have the right to grant easements and rights of way across the Premises for streets, alleys, public highways, drainage, and other similar purposes. TERNIINATION: The City may terminate the Lease upon providing thirty (30) days written notice to Dolphin Run Condominium Association, Inc. X:\OID\REAL ESTATE\LEASES\Dolphin Run & Schooner Inn\Dolphin Run 2006\DOLPHIN RUN.SUMMARY OF TERMS.doc -32 - Item V K.3. ORDINANCES ITEM #55117 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to GRANT a franchise for an Open Air Cafe in the Resort Area to Giovanni 's, Inc., and RENEW franchises for Cabana Cafe, LLC,- Beachside, LLC t/a Yacht Club Cafe, and BBH Corporation t/a 18`' Street Cafe Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay.- None ay: None Council Members Absent: None April 11, 2006 1 AN ORDINANCE GRANTING FOUR 2 FRANCHISE AGREEMENTS FOR OPEN AIR 3 CAFES IN THE RESORT AREA 4 WHEREAS, by resolution adopted November 15, 1985, City 5 Council authorized the City Manager to promulgate Open Air Caf6 6 Regulations, which have been amended from time to time, f or the 7 operation of open air cafes on public property; and 8 WHEREAS, the regulations originally prohibited sidewalk 9 cafes on Atlantic Avenue between 15th and 24th streets; and 10 WHEREAS, Council adopted a resolution on March 23, 2004 11 establishing a pilot program to allow, on an experimental basis, 12 open air cafes on Atlantic Avenue between 20th and 23rd Streets; 13 and 14 WHEREAS, based upon the success of the pilot program, 15 Council adopted an ordinance on March 8, 2005 authorizing 16 sidewalk cafes on Atlantic Avenue between 15th and 24th Streets; 17 and 18 WHEREAS, the City Council has traditionally granted initial 19 franchises for one-year terms; and 20 WHEREAS, if an open air cafe is successfully operated 21 during the initial one-year term, the franchisee is given the 22 option of entering into a five-year franchise agreement; and 23 WHEREAS, Giovanni's, Inc. successfully operated an open air 24 cafe last year pursuant to a one-year franchise agreement and is 25 seeking a five-year franchise agreement; and 26 WHEREAS, the following three entities have successfully 27 operated open air cafes pursuant to five-year franchise 28 agreements and are seeking renewal of their five-year franchise 29 agreements: (1) Cabana Caf6, LLC; (2) Beachside, LLC, t/a The 30 Yacht Club Caf6; and (3) BBH Corporation, t/a 18th Street Caf6; 31 and 32 WHEREAS, based upon these franchisees' successful operation 33 of open air caf6s, the Convention and Visitors Bureau recommends 34 that the franchisees be granted five-year franchise agreements 35 to continue operating their respective open air caf6s. 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 37 OF VIRGINIA BEACH: 38 That the City Council hereby grants five-year franchise 39 agreements to 1) Giovanni's, Inc.; 2) Cabana Caf6, LLC; 3) 40 Beachside, LLC t/a The Yacht Club Caf6; and 4) BEH Corporation, 41 t/a 18th Street Cafe for the operation of open air caf6s in the 42 resort area, subject to the terms and conditions of all 43 ordinances, resolutions, and regulations applicable to open air 44 caf6s. 45 Adopted by the City Council of Virginia Beach, Virginia on 46 this IJ th day of April 1 2006. APPROVED AS TO CONTENTS: SUFFICIENCY: jrev��entinoand Visitorsors APPROVED AS TO LEGAL A, �C. V� -,:�Wry City Attorneylt Office CA9935 H:\PA\GG\OrdRes\Proposed\Open air caf6 Franchises ord. R-5 April 3, 2006 Item V -L. PLANNING PLANNING 1. RADHAKRISHNA RENUKUNTA and KAVITHI VURIMINDI 2. CELEBI AND M. SELIM OZIC 3. KINGDOM BUILDING WORSHIP 4. CITY OF VIRGINIA BEACH -33 - ITEM # 55118 CONDITIONAL CHANGE OF ZONING CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT AMEND §502 of the Zoning Ordinance re front yard setbacks for lots fronting on the east side of Sandfiddler Road. April 11, 2006 -34 - Item TSL. PLANNING ITEM # 55119 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION Items 2 and 3 of the PLANNING BY CONSENT AGENDA. Voting: I1-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 11, 2006 Item V.L.I. PLANNING -35 - ITEM # 55120 Attorney R. E. Bourdon, Pembroke Office Park — Building One, 281 Independence Boulevard, Fifth Floor, Phone: 499-8971, represented the applicant and advised the parcel is at the end of a residential street. There is no viable Agricultural use, as the property is surrounded by residential neighborhoods. City Attorney Bourdon distributed correspondence from Captain Lorge, Commanding Officer, Naval Air Station Oceana, expressing objection to the proposal. Said letter is hereby made a part of the record. Mr. Bourdon advised the plan could be revised to include a path or multipurpose trail connection to the Agricultural property to the south and the applicant will work with staff towards this goal. Daniel Wood, 2852 Saville Garden Way, Phone: 468-4269, President —Parkside Green Community Association registered in opposition Upon motion by Councilman Reeve, seconded by Council Lady Wilson, City Council DEFERRED until the City Council Session of April 24, 2006, Ordinances upon application of of RADHAKRISHNA RENUKUNTA and KAVITHI VURIMINDI for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF RADHAKRISHNA RENUKUNTA & KAVITHI VURIMINDI FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG -1 AGRICULTURAL DISTRICT TO CONDITIONAL R-10 RESIDENTIAL DIST Ordinance upon Application of Radhakrishna Renukunta & Kavithi Vurimindi for a Change of Zoning District Classification from AG -1 Agricultural District to Conditional R-10 Residential District on property located at the eastern terminus of Chestnut Oak Way (GPIN 14955126640000). DISTRICT 7 — PRINCESS ANNE The City Attorney advised the applications of RADHAKRISHNA RENUKUNTA and KAVITHI VURIMINDI and CELEBI and M. SELIM OZIC are the first to be considered under the AICUZ Overlay Ordinance. The City Attorney distributed Ordinances relative these applications noting compatible findings in compliance with the new Zoning Ordinance. There is no other reasonable use of the property and the applications encompass the least density. Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay.- None ay:None Council Members Absent: None April 11, 2006 Item V.L.2 PLANNING -36 - ITEM # 55121 Attorney Jeff Maynard, 222 Central Park Avenue, Suite 2000, Phone: 687-7522, represented the applicant Upon motion by Councilman Reeve, seconded by Councilman Maddox, City Council ADOPTED, NOTING COMPATIBLE FINDINGS IN COMPLIANCE WITH THE NEW ZONING ORDINANCE, application of CELEBI and M. SELIM OZIC for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF CELEBI OZIC AND M. SELIM OZIC FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG -2 TO CONDITIONAL R-7.5 ZO4061246 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Celebi Ozic and M. Selim Ozic for a Change of Zoning District Classification from AG -2 Agricultural District to Conditional R-7.5 Residential District on property located at 1247 Culver Lane (GPIN 24153059090000). DISTRICT 7 — PRINCESS ANNE The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made apart of the record. 2. The City Attorney distributed Ordinances relative these applications noting compatible findings in compliance with the new Zoning Ordinance, there is no other reasonable use of the property and the applications shall encompass the least density The City Attorney advised the applications of RADHAKRISHNA RENUKUNTA and KAVITHI VURIMINDI and CELEBI and M. SELIM OZIC are the first to be considered under the AICUZ Overlay Ordinance. Voting: 6-5 Council Members Voting Aye.- Harry ye: Harry E. Diezel, Vice Mayor Louis R. Jones, Richard A. Maddox, Jim Reeve, Rosemary Wilson and James L. Wood Council Members Voting Nay: Robert M. Dyer, Reba S. McClanan, Mayor Meyera E. Oberndorf, Peter W. Schmidt and Ron A. Villanueva Council Members Absent: None April 11, 2006 I AN ORDINANCE APPROVING THE APPLICATION OF 2 CELEBI OZIC AND M. SELIM OZIC FOR A CHANGE 3 OF ZONING DISTRICT CLASSIFICATION FROM AG -2 4 AGRICULTURAL DISTRICT TO CONDITIONAL R-7.5 5 RESIDENTIAL DISTRICT ON PROPERTY LOCATED AT 6 1247 CULVER LANE (GPIN 24153059090000) 7 8 WHEREAS, Celebi Ozic and M. Selim Ozic (hereinafter the 9 "Applicants") have made application to the City Council for a 10 change of zoning district classification from AG -2 Agricultural 11 District to Conditional R-7.5 Residential District (hereinafter 12 ,the Application") on 2.39 acres of property located at 1247 13 Culver Lane(GPIN ..24153059090000), in the Princess Anne District 14 (hereinafter the "Property"); and 15 WHEREAS, the application contemplates the development of 16 eight (8) single-family dwellings on the Property; and 17 WHEREAS, the Property is located with the 70-75 dB DNL 18 Noise Zone; and 19 WHEREAS, pursuant to Section 1804 of the City Zoning 20 Ordinance, it is the policy of the City Council that no 21 application for a change of zoning of property within the 70-75 22 dB DNL Noise Zone shall be approved unless the uses and 23 structures contemplated by the application are designated as 24 "Compatible" under Table 1 of City Zoning Ordinance Section 25 1804(b), unless the City Council finds that no reasonable use 26 designated as "Compatible" can be made of the property, and that 27 in such cases, the City Council shall approve the proposed use 28 at the least density or intensity that is reasonable; 29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRGINIA: 31 That the City Council hereby finds that: 32 1. No reasonable use designated as "Compatible" under. 33 Table 1 of City Zoning Ordinance Section 1804(b) can 34 be made of the Property; and 35 2. The proposed density of development contemplated by 36 the Application, to -wit: eight (8) dwelling units on 37 2.39 acres of land, is the lowest density that is 38 reasonable under the facts and circumstances of the 39 Application. 40 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF 41 VIRGINIA BEACH, VIRGINIA: 42 That the Application is hereby approved, subject to the 43 terms and conditions set forth in the Conditional Zoning 44 Agreement dated February 21, 2006, which Agreement was exhibited 45 to the City Council this date. 46 47 Adopted by the Council of the City of Virginia Beach on the 48 11th day of April, 2006. 49 2 CA -9979 OID\Ordres\Ozicordin.doc R-1 April 11, 2006 APPROVED AS TO CONTENT: Planning partment APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office In Reply Refer To Our File No. DF -6344 TO: Leslie L. Lilley FROM: B. Kay Wilson CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: March 28, 2006 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Ozic The above -referenced conditional zoning application is scheduled to be heard by the City Council on April 11, 2006. 1 have reviewed the subject proffer agreement, dated February 21, 2006, 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/cros Enclosure cc: Kathleen Hassen Document Prepared BY Troutman Sanders LLP 2.22,Centrq[Paik.Avenue Suite 2000 Virginia Beach: Firginia 23462 AGREEMENT THISAGREEMENT (the "Agreemenfl.) is -made as of this day of February, 2006, by and :between CELEBI QZIC and M. SELIM QZIC, (collectivo 1 "`Otic"),the current Y, owners of that certain property located on Culver Lane, in Virginia. Reach, Virginia, which 'bed in exhibit: A attached. hereto and incorporated n property is more particularlv.� descri porated lterei , by reference (the "Property?), (hereinafter referred -to as the "Grantoe'),_ and the CITY OF VIRGINIA BEACH, a,municiplall corporation of the, Commonwealth of Virginia (hereinafter referred to as "Grantee'). W IT N E S, S E T H,-. WHEREAS, the Grantor has initiated :an amendment, to theZoning .Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as. to change the: classification of the property.from AG -2 to Conditional,R-, T5., and WHEREAS, the Grantee's policy, is to provide, only for the orderly development, of land for various purposes, including mixed: use: purposes, ihrougk-zoning and other land development legislation; and WHEREAS, the Grantor -aclmowle4ges that competing -'Ind sometimes 'inc, ompatibleuses conflict, and that in order to permit differing uses< on and in the area of the subject Property and at the same time to recognize the effects of'the change and the need.. for various types of uses, ni th certain reasonable conditions governing the. use of the Property for e protection of the community that are not generally applicable pficableto land similarly, zoned R-7.. 5 are., needed .tocope with the situation to which the Grantor's rezoniTigapplication. gives rise, and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to thepublic hearing before the, Grantee;. as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing R-7.5 zoning districts by the existing City's Zoning Ordinance (CZO),'the following reasonable conditions related to the GPEV NO.: 2415-30-5909-0000 physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are 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 subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, 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 of 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 govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, the Grantor shall develop the Property in substantial conformity with the conceptual site plan prepared by MSA, P.C., dated October 30, 2005, and titled 2 "Conceptual Site Layout Plan of Kurdistan II, Culver Lane, Virginia Beach, VA" (the "Conceptual Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. 2. On or before the date Grantor records a subdivision plat creating the residential lots shown on the Conceptual Plan, Grantor shall dedicate to Grantee the portion of the Property along Culver Lane as shown on the Conceptual Plan as "20' R/W Dedication." Grantor shall not be entitled to any compensation for the value of the Property dedicated to Grantee. 3. As part of the final site plan approval, Grantor shall cause the entrance to the Property to align with the existing commercial entrance located across Culver Lane from the Property. 4. Further conditions lawfully imposed 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. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. 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, 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 CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map 3 and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning 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. [SIGNATURES PAGE FOLL0WSJ S1 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTORS: Celebi Ozic M. Selim Ozic COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was sworn to and acknowledged before me this �day of F bruary, 2096, by Celebi Ozic, who is personally own to me o has produced y, sL4e4jjVLjf, as identification. NQ,��r�lj;lic q O. My Commission Expires: 0 l �' ' Ry Pv MY C� = i COMMISSION EXPIRES 2 = COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was sworn to and acknowledged before me this day of February, 2006, by M. Selim Ozic, who is personally known to me or has produced as identification. My Commission Expires: Notary Public 5 IN WITNESS WHEREOF, the. undersigned Grantor executes this Agreement as of the date first written above. GRANTORS.: C Celebi Ozic: Ntselirn.ozic COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument. was sworn to and acknowledged before me this — day of February, 2006, by Celebi. Ozic, who is personally known to me or has pT.oduced as identification. Notary–Public My Commission Expires: COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was sworn to and acknowledged: before me this L)fX. day of February, 2006, by M. Selim Ozic, who is,�on�qll. known to me or has produced as identification. 1,-. VASq Not ar Public 1C . 0 : Z my E Q * COMMISSION My Commission Expires: --0- :Z. 1�•EXPIRES 12131P-* "q- VB3002743 0 5 EXHIBIT A LEGAL DESCRIPTION ALL THAT certain tract of land with the buildings and improvements thereon, situate in the Seaboard Magisterial District in the City of Virginia Beach (formerly County of Princess Anne), Virginia, containing fifteen (15) acres, more or less, but the sale is made in gross and not by the acre, and bounded as follows: On the North by the land leading from the lands formerly of L.A. Brooks to the Eastern Shore Road; on the East by the lands formerly of Saul Brooks; the South by the lands of W.G. Willis; and on the West by the lands formerly of David Woodhouse. LESS, SAVE AND EXCEPT that portion of land conveyed by deed dated January 29, 1985 and recorded in the aforesaid Clerk's Office in Deed Book 2391, page 965. LESS, SAVE AND EXCEPT that portion of land conveyed to the City of Virginia Beach, Virginia by Certificate of Take recorded in the aforesaid Clerk's Office in Deed Book 4516, page 1458; Said parcel containing 2.63 acres, more or less, and being a part of the conveyed by deed recorded in the aforesaid Clerk's Office in Deed Book 366, at page 552. IT BEING the same property conveyed to Celebi Ozic and M. Selim Ozic by Deed from Celebi Ozic dated December 22, 2002 and recorded in the aforesaid Clerk's Office as Instrument Number 200301090004299. Al -37 - Item V L.3. PLANNING ITEM # 55122 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of KINGDOM BUILDING WORSHIP for a Conditional Use Permit : ORDINANCE UPON APPLICATION OF KINGDOM BUILDING WORSHIP FOR A CONDITIONAL USE PERMIT FOR A CHURCH RO40634153 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Kingdom Building Worship for a Conditional Use Permit for a church on property located at 928 Commonwealth Place (GPIN 14564296574444). DISTRICT 1 — CENTER VILLE The following conditions shall be required: 1. All necessary alteration permits and a Certificate of Occupancy for the change of use shall be obtained from the Department of Planning /Permits and Inspections Division before occupancy and use of the building as a church. 2. The membership of the congregation shall not exceed fifty (50) members This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh of April, Two Thousand Six Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: FATME Council Members Absent: None April 11, 2006 Item V L.4. PLANNING ITEM # 55123 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance upon application of CITY OF VIRGINIA BEACH to AMEND §502 of the Zoning Ordinance re front yard setbacks for lots fronting on the east side of Sandfiddler Road. Voting: 11-0 (By Consent) Council Members Voting Aye.- Harry ye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 11, 2006 1 AN ORDINANCE TO AMEND SECTION 502 OF THE CITY 2 ZONING ORDINANCE PERTAINING TO FRONT YARD 3 SETBACKS FOR LOTS FRONTING ON THE EAST SIDE OF 4 SANDFIDDLER ROAD 5 SECTION AMENDED: CZO § 502(a) 6 WHEREAS, the public necessity, convenience, general welfare 7 and good zoning practice so require; 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That Section 502 of the City Zoning Ordinance is hereby 11 amended and reordained, to read as follows: 12 ARTICLE 5. RESIDENTIAL USES 13 Sec. 502. Dimensional requirements. 14 The following chart lists the requirements within the R-40 15 through R -5S Residential Districts for minimum lot area, width, 16 yard spacing and maximum lot coverage for single-family dwellings. 17 (a) For single-family dwellings: 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Residential Districts R-40 R-30 R-20 R-15 R-10 R-7.5 R -5D R -5R R -5S (1)Minimum lot area in square feet 40,000 30,000 20,000 15,000 10,000 7,500 5,000 5,000 5,000 (4) Minimum front yard setback in feet 50 (41) Minimum front yard setback for lots fronting on the east side of 50 50 30 30 30 20 20 20 37 Sandfiddler 38 Road in 39 feet: NA NA 30 NA NA NA NA NA NA 40 . . . . 41 Adopted by the City Council of the City of Virginia Beach, 42 Virginia, on this 11th day of April, 2006. -39 - Item V -M.1. APPOINTMENTS ITEM # 55124 BY CONSENSUS, City Council RESCHEDULED: BEACHES and WATERWAYS COMMISSION HUMAN RIGHTS COMMISSION INVESTMENT PARTNERSHIP ADVISORY COMMITTEE — PPEA MEAL TAX TASK FORCE OCEANA LAND USE CONFORMITY COMMITTEE SOUTHEASTERN PUBLIC SERVCIE AUTHROITY - SPSA April 11, 2006 Item V -P. ADJOURNMENT -41 - ITEM # 55125 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:23 P.M. D Vim- Beverl Hooks, CMC Chief Deputy City Clerk 4uth Hodges Smith, MMC City Clerk City of Virginia Beach Virginia Meyera E. Oberndorf Mayor