The URL can be used to link to this page

OCTOBER 3, 2006 AGENDA CITY OF VIRGINIA BEACH A COMMUNITY FOR A LIFETIME CITY COUNCIL MAYOR MEYERA E. OBERNDORF. At-Large VICE MAYOR LOUIS R. JONES. Bayside - District 4 WIWAM R. "Bill" DESTEPH. At-Large HARRY E. DIEZEL Kempsville - District 2 ROBERT M. "Bob" DYER. Centerville - District I BARBARA M. HENLEY. Princess Anne - District 7 REBA S. McCLANAN. Rose Hall- District 3 RON A. VILLANUEVA, At-Large JOHN E. UHRIN. Beach - District 6 ROSEMARY WILSON. At-Large JAMES L. WOOD. Lynnhaven -District 5 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 234568005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@Vbgov.com CITY COUNCIL AGENDA CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESliE L. liLLEY CITY CLERK - RUTH HODGES SMITH. MMC 03 OCTOBER 2006 I. CITY COUNCIL BRIEFING - Conference Room - 1:00 PM A. SPSA Update Councilman William R. "Bill" DeSteph II. CITY MANAGER'S BRIEFING A. ZONING ORDINANCE AMENDMENT - Use Permits for Bars or Nightclubs William Macali, Deputy City Attorney Karen Lasley, Zoning Administrator III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS A. USE OF FUND BALANCE - Unfunded CIP Requests V. REVIEW OF AGENDA ITEMS VI. INFORMAL SESSION Conference Room 4:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION Council Chamber 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend J. Douglas Streit Pastor, Commonwealth Community 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 INFORMAL and FORMAL SESSIONS September 26, 2006 G. AGENDA FOR FORMAL SESSION H. MAYOR'S PRESENTATION A. RUSSIAN EXCHANGE STUDENTS Liz Tinkham, International Coordinator, ASPECT FOUNDATION I. CONSENT AGENDA J. RESOLUTIONS/ORDINANCES 1. Resolution to APPROVE, in principle, the request of Southampton County to use the Lake Gaston Utility Corridor as a greenway or linear park, subject to an Easement Agreement 2. Ordinance to AUTHORIZE the City Manager and the Virginia Beach Development Authority (VBDA) to terminate the Sublease Agreement with Tournament Player's Club (TPC) and acquire the golf course 3. Ordinance to AUTHORIZE additions to a temporary encroachment into City property by ELDON J. and GLADYS T. GRIGGS for a wooden dock with access to same, a boat lift and to maintain an existing fence at 908 Brasileno Court. (DISTRICT 7 - PRINCESS ANNE) 4. Ordinances to ACCEPT, APPROPRIATE and/or TRANSFER: a. $400,000 from the Department of Justice, Office on Violence Against Women, to the Commonwealth's Attorney's 2006-2007 Budget re prosecution of Domestic Violence cases and increase revenue from the federal government b. $15,000 from the National Park Service to Planning and Community Development's 2006-2007 Budget re new Elizabeth River Water Trail maps, signs, brochures and a kiosk c. $1,817,793 to various Cost Participation projects to provide necessary funding to complete Nimmo Parkway construction per agreement with Lago Mar Associates K. APPOJNTMENTS BUILDING CODE OF APPEALS - New Construction COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HISTORICAL REVIEW BOARD HISTORIC SITES ORGANIZING COMMITTEE INVESTMENT PARTNERSHIP ADVISORY COMMITTEEE - PPEA L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ********************************** PUBLIC COMMENTS Non-Agenda Items ********************************** ******** 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 *********** Agenda 10/3/06 st www.vbgov.com I. CITY COUNCIL BRIEFING - Conference Room - 1:00 PM A. SPSA Update Councilman William R. "Bill" DeSteph II. CITY MANAGER'S BRIEFING A. ZONING ORDINANCE AMENDMENT - Use Permits for Bars or Nightclubs William Macali, Deputy City Attorney Karen Lasley, Zoning Administrator III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS A. USE OF FUND BALANCE - Unfunded CIP Requests V. REVIEW OF AGENDA ITEMS VI. INFORMAL SESSION CALL TO ORDER - Mayor Meyera E. Oberndorf Conference Room 4:00 PM ROLL CALL OF CITY COUNCIL RECESS TO CLOSED SESSION VII. FORMAL SESSION Council Chamber 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend J. Douglas Streit Pastor, Commonwealth Community 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 INFORMAL and FORMAL SESSIONS September 26, 2006 i{rsnlutinu CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirernents 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 rnotion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. G. AGENDA FOR FORMAL SESSION H. MAYOR'S PRESENTATION A. RUSSIAN EXCHANGE STUDENTS Liz Tinkham, International Coordinator, ASPECT FOUNDA nON I. CONSENT AGENDA J. RESOLUTIONS/ORDINANCES 1. Resolution to APPROVE, in principle, the request of Southampton County to use the Lake Gaston Utility Corridor as a greenway or linear park, subject to an Easement Agreement 2. Ordinance to AUTHORIZE the City Manager and the Virginia Beach Development Authority (VBDA) to terminate the Sublease Agreement with Tournament Player's Club (TPC) and acquire the golf course 3. Ordinance to AUTHORIZE additions to a temporary encroachment into City property by ELDON J. and GLADYS T. GRIGGS for a wooden dock with access to same, a boat lift and to maintain an existing fence at 908 Brasileno Court. (DISTRICT 7 - PRINCESS ANNE) 4. Ordinances to ACCEPT, APPROPRIATE and/or TRANSFER: a. $400,000 from the Department of Justice, Office on Violence Against Women, to the Commonwealth's Attorney's 2006-20'07 Budget re prosecution of Domestic Violence cases and increase revenue from the federal government b. $15,000 from the National Park Service to Planning and Community Development's 2006-2007 Budget re new Elizabeth River Water Trail maps, signs, brochures and a kiosk c. $1,817,793 to various Cost Participation projects to provide necessary funding to complete Nimmo Parkway construction per agreement with Lago Mar Associates CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Approving In Principle The Use Of The Lake Gaston Utility Corridor in Southampton County as a Greenway or Linear Park MEETING DATE: October 3, 2006 . Background: Approximately 44 miles of the 76-mile Lake Gaston Pipeline has been constructed within an abandoned railroad-right-way that Virginia Beach purchased from the Norfolk Southern Corporation. During the environmental permitting for the project, Virginia Beach suggested that this portion of the project could be used as a recreational trail. In 1987, as part of a Conditional Use Permit (CUP) application in Southampton County, Virginia Beach represented that citizens and hunt clubs would be able to access the route for recreational uses not incompatible with the pipeline operation. The Board of Supervisors thereafter granted all necessary approvals for the portion of the project located in the County. By resolution dated October 24, 2005, the Southampton County Board of Supervisors directed its Chairman to petition the City for authority to use the right-of-way of the Lake Gaston Project in Southampton County as a greenway or linear park. . Considerations: The Resolution expresses the City's agreement in principle to the use of the Lake Gaston Project's right-of-way as a greenway or linear park, subject to the necessary easements and agreements. The proposed use will not interfere with the pipeline operation or maintenance. A number of hunt clubs have used portions of the pipeline route for many years, without significant issue. As the pipeline is remote and not under 24-hour surveillance, there may be some benefits in terms of reporting any tampering. In the late 1980's, the Lake Gaston project was a political "third rail" in many rural jurisdictions. Nevertheless, Southampton County treated the City with courtesy and respect, and approved the project solely on its merits with very reasonable conditions. The County had previously granted Virginia Beach a CUP for one of the five emergency wells that served as a backup supply until Lake Gaston was brought online. At least one adjacent landowner is opposed to this concept. The Southampton Board of Supervisors and the County Administrator are aware of this individual's concerns. . Public Information: The Resolution has been advertised as part of the City Council Agenda Package. . Alternatives: The alternatives are to adopt the Resolution, or reject it. Southampton County could not operate a linear park on the pipeline right-of-way without the City's approval. . Recommendations: It is recommended that the City Council adopt the Resolution. . Attachments: Resolution and prior correspondence. Recommended Action: Adoption Submitting Department/Agency: Department of Public Utilities .J /Y1 ~ J u:. City Manager: ~ S ~. ~llY>"t 1 2 3 4 5 A RESOLUTION APPROVING IN PRINCIPLE THE USE OF THE LAKE GASTON UTILITY CORRIDOR IN SOUTHAMPTON COUNTY AS A GREENWAY. OR LINEAR PARK 6 WHEREAS, the City of virginia Beach owns 328.733 acres of 7 real property in Southampton County, virginia, acquired by 8 quitclaim deed dated May I, 1989 from the Norfolk and Western 9 Railway, and recorded in the Clerk's Office of the Circuit 10 Court of Southampton County, Virginia in Deed Book 326, at page 11 827; and 12 WHEREAS, the aforesaid real property comprises the former 13 main line of the Virginian Railway commencing at the county line 14 between Southampton County and Sussex County, thence running 15 eastwardly along the former main track a distance of 16 approximately 22 miles to the county line between Southampton 17 County and Isle of Wight County at the Blackwater River; and 18 WHEREAS, following a public hearing on September 28, 1987, 19 the Southampton County Board of Supervisors, upon recommendation 20 of the Southampton County Planning Commission, found that the 21 City of Virginia Beach's plans to utilize the aforesaid property 22 as a utility corridor were in substantial accordance with its 23 adopted Comprehensive Plan and, further, provided its required 24 local consent to the City of Virginia Beach to proceed in 25 developing the Lake Gaston Water Supply Project; and 26 WHEREAS, the aforesaid real property presently functions as 27 the utility corridor for the Lake Gaston Water Supply Project, 28 an underground pipeline providing up to 60 million gallons of 29 water per day for citizens of southeastern Virginia from Lake 30 Gaston in Brunswick County to a point of discharge in Isle of 31 Wight County; and 32 WHEREAS, the length, shape and topography of the aforesaid 33 real property is particularly well suited for use by 34 pedestrians, equestrians, and cyclists as a greenway or linear 35 park; and 36 WHEREAS, the Southampton County Board of Supervisors, by 37 resolution adopted at its regular session on October 24, 2005, 38 directed its Chairman to petition the City of virginia Beach, 39 Virginia for authority to utilize the aforesaid real property as 40 a greenway or linear park. 41 NOW, THEREFORE, BE IT RESOLVED by the City Council of the 42 City of Virginia Beach, Virginia: 43 That the City Council hereby approves in principle the use 44 of the aforesaid real property in Southampton County, Virginia 45 as a greenway or linear park, subject to final approval of an 46 easement and agreement between the parties. 47 48 Adopted by the City Council of the City Council of Virginia 49 Beach, Virginia on this ___ day of , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~p~7Pub~C~~ J!e/!C{~ CA-l0145 OID\ordres\southamptonres.doc R-l September 22, 2006 26022 Administration Ctr. Dr. P.O. Box 400 Courtland, Virginia 23837 r i rDl r'~- ~ ~_. ~ Wi ; I -:-, :! n j , U L f'WV -I 2005 , 2005 The Honorable Meyera E. Oberndorf, Mayor City of Virginia Beach 2401 Courthouse Drive City Hall, Building #1 Virginia Beach, Virginia 23456 OH!CE OF THE MAYOR CiTY OF VIRGINIA BEACH RE: Lake Gaston Pipeline Dear Mayor Obemdorf: In regular session on October 24, by unanimous resolution. the Board of Supervisors directed me to officially petition the City of Virginia Beach for authorization to establish a longitudinal park along that certain portion of the Lake Gaston pipeline right-of-way in Southampton County. We envision that the park would be made available to the general public for a number of recreational pursuits, including hi . . uestrian activities. While I recognize that there are a myriad of details that would have to be consid resolved in due course, the purpose of this letter is simply to determine if the City of Virginia Beach has any interest in allowing its real pro to be utilized fo . recreation. I understand that Mr. Tom Leahy has been apprised of our interest and that he is prepared to assemble a briefing for your City Council's consideration. If you believe it would be helpful, our County Administrator. Michael Johnson, would be pleased to make himself available to further discuss this matter with city staff and/or the City Council. Mr. Johnson may be contacted directly at 757-653-3007. Thank you in advance for your thoughtful consideration and I look forward to hearing back from you soon. \ i~' ~ @ ~ n w ~ /~'i With kind personal regards, I remain 1\ ;, { \ 1 \ ~ J SJJ[{ . I '\ ; ~ NO\I - 8 1)(\05 I ,..~ /-1% 19.QL / 1<+ Sincerely. II ~....... ;\ v '-u ~ ;6$'\ \.'):' t --<...(-(;;, ~ ('~/ . ~ t ~ ,#1> . OF::~.;,::"'~-rjF--THt: Cl1Y MM;AGER {/ A R.E C~\)l~. Dp 5 ,:~\ ' . . "~~I\~~:..~~::~H_ r '( (J~~ - ~/?l)t)S r~! Dallas O. Jones, Chainnan \..;~. I'\\BUC \l:\1_\1~S . ./ -.) Board of Supervisors \"'.\ ll\llrnOR S Of. ICE /,.... / .\. . ",- /.'i."~Ctl " . .>';:.:... /\/(.."7 ...,..:.:....: ,.......... f' -r .. ," \ . '. .:. : /.r\;~:;// C:;i:t:y of --V-:u:-gi.rria Beach VBgov.com MEYERAE.OBERNDORf MAYOR MlJNlQPAl cemR IlUl.DING 1 2401 CO\.RIHOUSE ORNE VIRG1N1ABEACH, VA234*llllOO (157)-426-4581 FAX (157) 427-6699 MOIlERNDOCIIBGOV.COM December 5, 2005 Mr. Dallas O. Jones, Chainnan Southampton County Board of Supervisors P. O. Box 400 Courtland, VA 23837 Subject: Lake Gaston Pipeline Right-Of-Way Dear Chairman Jones: Thank you for your letter dated October 31, 2005 requesting authorization to establish a longitudinal park along the Lake Gaston pipeline right-of-way in Southampton County. I will be happy to present a resolution to the City Council of Virginia Beach that indicates our desire to cooperate with Southampton County in this endeavor. By copy of this letter to the City Manager and his staff, I will ask them to prepare a briefing and resolution for City COlDlCil. If your COWlty Administrator or his staffhas any information they would like to have incorporated into that briefing, please ask them to forward the material to Thomas Leahy, Director of Public Utilities, 2405 Courthouse Drive, Virginia Beach, VA 23456; e-mail: tleahy@vbgov.com. Wishing you and yours a safe and happy holiday season. Sincerely, ~~ Meyera E. Oberndorf Mayor /cp c: Louis R Jones, Vice-Mayor James K. Spore, City Manager Charles W. Meyer, Chief Operating Officer Les L. Lilley, City Attorney William M. Macali, Deputy City Attorney Thomas M. Leahy, Director of Public Utilities It~ ~~~1:~ "~~~ . ."-1; ~1J~. ... .?.\~ .......>i .~"'i:z.) ~~i~ ....--.;~:: I..\\:~" l'lJ ~:;-~~.... ....::.~..:r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Approving and Authorizing the Acquisition from TPC of Virginia Beach, L.L.C. of the Golf Facility Located on Princess Anne Road and Known as the TPC Golf Course in the City of Virginia Beach, Virginia MEETING DATE: October 3, 2006 . Background: The City of Virginia Beach leased the land that is now the site of the TPC at Virginia Beach to the City of Virginia Beach Development Authority (VBDA) in 1997. The VBDA then entered into a Sublease Agreement with the TPC of Virginia Beach, L.L.C. ("TPC") in October, 1997 for the purposes of developing and operating a TPC golf course. The term of the sublease is for 40 years, expiring in 2037 and the sublease payments are $246,000 per year less taxes collected. The TPC built the golf course and club facility (at an estimated cost of $15 million) and opened for play in 1999. . Considerations: The TPC lease has 31 years remaining. There is currently approximately $4.4 million in debt on the facility. The PGA Tour has proposed that the VBDA terminate (buyout) the remaining term of the sublease and acquire the golf facility effective December 31, 2006, for $4,540,265.20 which is the sum of (i) the outstanding debt on the facility and (ii) $125,000 (50% of TPC's anticipated operating costs between the date of adoption of this Ordinance and 12/31/06). The VeDA would retain the $100,000 security deposit currently being held pursuant to the sublease. . Public Information: Public information for this item will be handled through the normal council agenda process. . Alternatives: I. Terminate the sublease and acquire golf facility. II. Do not terminate the sublease and do not acquire golf facility. . Recommendations: Terminate the sublease and acquire the golf facility from TPC. . Attachments: Ordinance Recommended Action: Submitting Department/Agency: AJv +buy W" ~ !to ~~ CitYManage~l~~ V :lapplications\citylawprod\cycom32\ Wpdocs\DO 13\POO 1 \00020342.DOC 1 2 3 4 5 6 7 8 9 AN ORDINANCE APPROVING AND AUTHORIZING THE ACQUISITION FROM TPC OF VIRGINIA BEACH, L.L.C. OF THE GOLF FACILITY LOCATED ON PRINCESS ANNE ROAD AND KNOWN AS THE TPC GOLF COURSE IN THE CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, by Ground Lease dated as of October 8, 1997, 10 between the City of Virginia Beach (the "City") and the City of 11 Virginia Beach Development Authority ("VBDA"), a Memorandum of 12 which is recorded in the Clerk's Office of the Circuit Court of the 13 City of Virginia Beach, Virginia in Deed Book 3799, page 626, the 14 VBDA leases from the City approximately 500 acres of real property 15 (the "Property") located on Princess Anne Road in the City of 16 Virginia Beach, Virginia; 17 WHEREAS, by Sublease Agreement dated as of October 8, 1997 (as 18 amended, the "Sublease"), between VBDA and TPC of Virginia Beach, 19 L. L. C., a Virginia limi ted liability company ("TPC"), a Memorandum 20 of which is recorded in the aforesaid Clerk's Office in Deed Book 21 3799, at page 631, VBDA subleases a portion of the Property to TPC; 22 WHEREAS, pursuant to the Sublease and that certain Development 23 Agreement dated as of October 8, 1997, between VBDA and TPC, TPC 24 has constructed a Tournament Players Club golf course, clubhouse 25 and related amenities (the "Facility") upon approximately 254 acres 26 of the Property and is presently operating the facility as the 27 Tournament Players Club of Virginia Beach pursuant to the terms of 28 a license between TPC and the PGA TOUR; 29 WHEREAS, the City Council desires that the VEDA enter 30 into a Termination of Sublease Agreement and other agreements 31 necessary to terminate TPC's interest in the sublease and acquire 32 the Facility; and 33 WHEREAS, funding for the purchase of the Facility and 34 termination of the Sublease interest is included in CIP 3-368 35 (Various Site Acquisition) adopted by the City Council on May 10, 36 2006. 37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 38 OF VIRGINIA BEACH, VIRGINIA, 39 1. That the City Council authorizes (i) the 40 termination of the Sublease Agreement dated as of October 8, 1997 41 (as amended, the "Sublease") between the TPC of Virginia Beach, 42 L.L.C. ("TPC") and the City of Virginia Beach Development Authority 43 ("VBDA"), and (ii) the acquisition by the VBDA of the Tournament 44 Players Club golf course, clubhouse and related amenities (the 45 "Facility") located upon approximately 254 acres of property on 46 Princess Anne Road in the City of Virginia Beach, Virginia, from 47 TPC, all in accordance with the terms contained in the Summary of 48 Terms attached hereto as Exhibit A. 49 2. That the City Council requests and recommends that 50 the Authority adopt a Resolution (i) authorizing the termination of 51 the Sublease and the acquisition of the Facility from TPC in 52 accordance with the terms contained in the Summary of Terms 53 attached hereto as Exhibit A, (ii) authorizing the City Manager and 54 the City Attorney, on behalf of the Authority, to proceed with the 55 development of the documents necessary for such termination and 56 acquisition, and (iii) authorizing execution of such documents, 57 provided such documents are acceptable to the City Manager and the 58 City Attorney. 59 Adopted by the Council of the City of Virginia Beach, 60 Virginia, on the day of , 2006. CA-1000s September 19, 2006 R-2 V :\applicationslcitylawprodlcycom32\ WpdocslDO 13\POO 1 100020343.DOC t.w~. APPROVED AS TO LEGAL SUF CIENCY: APPROVED AS TO AVAILABILITY OF FUNDS: J:j (ifJJ Q - e Department Services nagement EXHIBIT A SUMMARY OF TERMS Purchase Price: Installment: Initial installment of $4,415,265.20 to be paid to RBC Centura Bank on or before October 15, 2006, to be credited against the Purchase Price. Balance of Purchase Price ( to be paid to TPC upon Closing Date. Closing Date: December 31, 2006 Assets to be Acquired: Sub-Leasehold interest All buildings, structures and other improvements located on the Property, including clubhouse, maintenance facility, golf course, driving range and practice areas, etc. Tangible personal property located on or used in the operation, maintenance, repair or ownership of the Property Intangible personal property appurtenant to the ownership and use of the Property as a golf facility Security Deposit: $100,000 security deposit under Sublease to be retained by VBDA. Rent Abatement: Sublease rent to be abated for the months of October, November and December, 2006 LOCATION MAP SHOWING ENCROACHMENT REQUESTED BY ELDON L. GRIGGS AND GlADYS T. GRIGGS FOR A WOODEN DOCK AND BOAT liFT WITH ASSOCIATED WOODEN DOCK ACCESS 908 BRASILENO COURT GPIN 2414-93-5010 SCALE: 1" = 200' 908 BRASILENO CT BOAT UFT.DGN M.J.5. PREPARED BY PM' ENG. CADD DEPT. APRIL 25, 2C\.16 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments within a portion of an existing 100' City drainage easement located adjacent to 908 Brasileno Court by property owners Eldon L. Griggs and Gladys T. Griggs. MEETING DATE: October 3,2006 . Background: On September 13, 2005, Mr. and Mrs. Eldon J. Griggs requested and received permission from City Council to encroach into a portion of the City's 100' drainage easement adjacent to their property located at 908 Brasileno Court, with a wooden bulkhead. Mr. and Mrs. Griggs now request permission to encroach into the same City easement for a wooden dock and boat lift with associated access to the wooden dock. Further, Mr. and Mrs. Griggs request permission to maintain the existing fence located within a portion of the City's drainage easement. . Considerations: City Staff have reviewed the requested encroachment and have recommended approval of same, subject to certain conditions outlined in the attached Agreement. . Public Information: Advertisement of City Council Agenda . Alternatives: Approve the encroachment as presented, deny the encroachment, or add conditions as desired by Council. . Recommendations: Approve the request subject to the terms and conditions of the agreement. . Attachments: Ordinance, Location Map, Agreement, Plat and Photos Recommended Action: Approval Submitting Department/Agency: Public Works ?fiiL ~ CityManag : l ~~ 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF AN EXISTING 100' 6 CITY DRAINAGE EASEMENT 7 LOCATED ADJACENT TO 908 8 BRASILENO COURT BY PROPERTY 9 OWNERS ELDON L. GRIGGS AND 10 GLADYS T. GRIGGS 11 12 WHEREAS, on September 13, 2005, Eldon L. Griggs and Gladys 13 T. Griggs ("Mr. and Mrs. Griggs") did receive approval from the 14 City to construct a bulkhead wi thin a portion of an existing 15 City 100' drainage easement (the "Bulkhead Encroachment") 16 located adjacent to their property at 908 Brasileno Court, 17 Virginia Beach, Virginia 23456. 18 WHEREAS, Mr. and Mrs. Griggs entered into an Agreement with 19 the City regarding the Bulkhead Encroachment and the said 20 Agreement was recorded on September 29, 2005 as Instrument # 21 200509290158847 in the Office of the Clerk of the Circuit Court 22 of the City of Virginia Beach, Virginia. 23 WHEREAS, Mr. and Mrs. Griggs now desire to construct and 24 maintain a wooden dock and boat lift with associated access to 25 the wooden dock and to maintain an existing fence, all within a 26 portion of the City's 100' drainage easement located adjacent to 27 908 Brasileno Court. 28 WHEREAS, City Council is authorized pursuant to ~~ 15.2- 29 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 30 authorize temporary encroachments upon the City's 100' drainage 31 easement subj ect to such terms and conditions as Council may 32 prescribe. 33 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 34 VIRGINIA BEACH, VIRGINIA: 35 That pursuant to the authority and to the extent thereof 36 contained in ~~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, 37 as amended, Eldon L. Griggs and Gladys T. Griggs, their heirs, 38 assigns and successors ~in title are authorized to construct and 39 maintain a wooden dock and boat lift with associated access to 40 the wooden dock and are authorized to maintain the existing 41 fence, all within a portion of the City's 100' drainage easement 42 as shown on that certain exhibit plat entitled: "PROPOSED DOCKS 43 & BOAT LIFT IN A CANAL @ LAGOMAR PROJECT LOCATION: 908 BRASILENO 41 COURT VA BEACH, VA 23456 APPLICANT: ELDON GRIGGS 908 BRASILENO 45 COURT VA BEACH, VA 23456" a copy of which is on file in the 46 Department of Public Works and to which reference is made for a 47 more particular description; and 48 BE IT FURTHER ORDAINED, that the temporary encroachments 49 are expressly subj ect to those terms, conditions and cri teria 50 contained in the Agreement between the City of Virginia Beach 51 and Eldon L. Griggs and Gladys T. Griggs (the "Agreement"), 52 which is attached hereto and incorporated by reference; and 2 53 BE IT FURTHER ORDAINED, that the City Manager or his 54 authorized designee is hereby authorized to execute the 55 Agreement i and 56 BE IT FURTHER ORDAINEDr that this Ordinance shall not be in 57 effect until such time as Eldon L. Griggs and Gladys T. Griggs 58 and the City Manager or his authorized designee execute the 59 Agreement. 60 Adopted by the Council of the City of virginia Beachr 61 virginiar on the day of 2006. ~OVED AS TO CONTENTS rm~ C. ~~ GNATURE PI>> / RttJ [statt I DEPARTMENT APPROVED AS TO LEGAL ,SUFFICI~NCY AND FORM ~. .- _t }; I \ . ~.M . F-- . (/ ,,\ CI Y ATTORNEY . CA-10014 R-1 PREPARED: 07/12/06 X:\OID\REAL ESTATE\Encroachment.s\PW Ordinances\CAI0014 Griggs.doc v; lapplicationslcitylawprodlcycom32 IWpdocslD0151P001 100018910. DOC 3 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDA nON TAXES 58.1-81l(c)(4) I I I, I I THIS AGREEMENT, made this 8th day of June, 2006, by and between the CITY . OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and ELDON L. GRIGGS and GLADYS T. GRIGGS, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNE S SETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel ofland designated and described as "LOT 268" as shown on that certain plat entitled "SUBDNISION I I I I I II I, II I' II II I i , I OF LAGOMAR, SECTION 6, PHASE 3, PART C, NOVEMBER 29,1993 SHEET 1 OF 5 PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA" and being further designated and described as 908 Brasileno Court, Virginia Beach, Virginia 23456 (GPIN 2414-93-5010); and WHEREAS, on September 13,2005, the Grantee did receive approval from the City to construct a bulkhead within a portion of an existing City 100' drainage easement (GPIN 2424- 02-4573) adjacent to their property aforesaid; and WHEREAS, the Grantee entered into an Agreement with the City and the said Agreement was recorded on September 29,2005 as Instrument No. 200509290158847 in the Office of the Clerk of the Circuit Court ofthe City of Virginia Beach, Virginia; and GPIN's 2414-93-5010 and 2424-02-4573 WHEREAS, it is proposed by the Grantee to construct and maintain a wooden dock and boat lift with associated access to the wooden dock and to maintain the existing fence, collectively the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of the aforesaid existing City 100' drainage easement "the Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within the Encroachment Area. 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: "PRO POSED DOCKS & BOAT LIFT IN A CANAL @ LAGOMAR PROJECT LOCATION: 908 BRASILENO COURT VA BEACH, V A 23456 APPLICANT: ELDON GRIGGS 908 BRASILENO COURT VA BEACH, VA 23456". Said plat is dated 04/18/05 and was last revised 02/17/06, 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 Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 2 I I II II II I I I I I I It is further expressly understood 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 of the location or existence of the Temporary Encroachment. .1 Ii 1 I I 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. II I' I !I II il I I 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 obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within the Encroachment Area. 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 isdeemed necessary by the City, and all insurance policies 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. 3 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 thereofto 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 herein above 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 of local or state taxes. IN WITNESS WHEREOF, ELDON L. GRIGGS and GLADYS T. GRIGGS, the said Grantee, have caused this Agreement to be executed by their signatures and seals duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalfby 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 4 'i II I I I I II I' II I I " I' ,I I' II Ii II II ! I II I ? " /) . f', i (. {A /...... j "~::.L"" "'1 EL~O~~~ GOaGS f L~'f .~ ;,.<-<.'-- < , 1/ " U' " ,~rS((Cl.'; ,qt~~ '~'> GLADYS T. GRIGGS / (./ STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2006, 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 , 2006, by RUTH HODGES SN.ITTH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: 5 STATE OF _ \ CITY/COUNTY OF Nt,e. ~t;t..~ , to-wit: ~^'S The foregoing instrument was acknowledged before me this , 2006, by ELDON L. GRIGGS. "t'.QQ,,,- .~. y ~ Notary PO ic ~TH day of My Commission Expires: ~~..~,-t-t\ (0) 'LcD ~ II STATE OF CITY/COUNTY OF r\GQ...F~L\C , to-wit: ~ The foregoing instrument was acknowledged before me this l3 Tft- day of , 2006, by GLADYS T. GRIGGS. ~ \jl.~ Notary Ie My Commission Expires: ~<Lf--~~ ~O_) 2-l;u~ APPROVED AS TO LEGAL SUFFICIENCY AND FORM APPROVED AS TO CONTENT " ,,' ~ \.{, '1 .;.j . \l;';"'\...,...i .lV,VI 1"'" ... ' CITY ATTORNEY ..", 6 EXISTING FENCE PROPOSED 2,500 L8 BOAT LIFT PROPOSED ASSOC~TED DOCK ACCESS i ~ CITY OF VIRGINIA BEACH GPIN: 2424-02-4573 EXISTING BULKHEAD (REf. INST. NO. 20050929015887) co ~ ~ ~ \ ~ 1\. . GRAPHIC SCALE 10' 0 10' 20' h,~~~~ ! 1 1" = 20' . ... ~. .. . . 4' ot:1' "4 <I' . " . O'J " t'\l ~ I '" ." 4 . ',' 'f1. it : PROPERTY UNE 1 ~ \ \ I I \ ....4. . ,4 .. . .. .. " GPiN: 2414-93-5010 ~. , 4: " 4 , .. .. .. EXHIBIT "A" SCALE: 1"=20' REVISED: 02/17/06 PROJECT PURPOSE: CONSTRUCT DOCKS & BOAT LIFT 2) ROBERT MCMICHAEL PROPOSED DOCKS & BOAT UFT IN A CANAL @ LAGOMAR ADJACENT PROPERTY OWNERS: lJLI'I=O.O' PROJECT LOCATION: 908 BR-A.Sll.ENO COURT VA 8EACH, VA 23456 APPUC,ANT: ELDON GRIGGS 908 BRASil_END COURT VA 8EACH, VA 23456 DATE: 04/18/05 i) LISA HENEGHAN .lIl:: ... o 3= "C Q) tn o C- O ... C- O) C .- 3= o .c tn - - ... ::::s o o o c ~ .- tn as ... m CO o en - ... Q) c ... o (.) - tn Q) 3: E o ... - c Q) .lIl:: as t- ~ o +-' o .c: 0.. cD :!:: tn E: F'-~ ",.:1 . .:. ,'. .......... ). ., m_ e:","" "- ... ~as oJ: .23: -as ~ C ~ "~ o ... o as o E i"C = CD tn tn ca 0 ... Q. m 0 <'Ie. T'" en - ... as - ~"- t: E CD "- Q.tn 0"'"" ... 0 Q. CD .... "; m C "i o J: t/) .... c CD (J ('G "- "C ('G "'"" o ... - CD~ C ::s ... 0 00 o 0 .... C = CD W "in E ('G o ... ...m "'""co Co CD en ~ tn ~-e ('G 3: " .8= ..........:: C\I o +"".... o t/) .eCD o..~ .... as o .c ~':~~~'\~~;.:.,: ~~-~.'~.'.'~' ~~;:;~~, .~ '.\.' . .~~~~. .. ~.;.i,f:: -. --. ---;<.~il ';.'-".-I~, ,';""V\ ."~.~. . " .". -.~~,~~', ~ ~:~I.T' 'ib'- Y'. '. ". ";'. ,. -:: ' 'I ""ff' '.' . "\ '!\;~ '.' ~ .W r. ~.,. ,_., ..-' " ." ~;:-' '~W~:,;~.~:., t~:~~. . -~~i.ii~f:;.: - .... ,,'E. .;N.. fj~.. "'.., "::~ -e~ .... ....._ . )'- .,.. '-. ;:,';,..:.. \'7 .". . . '::>';;,;~r~: . i:f~ .~~~' . ,,,:,,, '. ,'.~-~4X; _. "':t:.r.; ~... ~\ "1 ,. .. ,J,~.'" I . .. .... ...:.. "C C c .2 CU.... 't:~ culi: "c'- ;:"g Ci:iE CCO .- """ C)""" ... I CUll) EO ...m cu> ::........... Et: .- ::I o 0 00 ~ 0 .... e cu CD "c= .... 0 _ CO cu ... em CUco (,)0 00') o ... o 0 ... 'I- (,)"C cu CD ~~ (I) 0. 0.0 o ... ... 0. Q.(I) ~e ... 0 CO CD CD"c z.... o .. CO ("')"C o co ...(1) o"c ..c:~ c...E ~~ ft.r~~.<.l~~\~~ i\\~ .}iJ '~..... ~b ~.,~.-:r ~ll~""~'{\~""" ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $400,000 from the Department of Justice to the FY 2006-07 Operating Budget of the Commonwealth's Attorney's Office for the Prosecution of Domestic Violence Cases MEETING DATE: October 3, 2006 . Background: The United States Department of Justice's Office on Violence Against Women has awarded the Virginia Beach Commonwealth's Attorney's Office a $400,000 grant to continue a program to encourage arrest policies and enforcement of protection orders through Augast 31, 2008 (the initial award expires December 31, 2006). The program promotes the treatment of domestic violence and sexual assault as serious violations of criminal law and enhances victim safety and offender accountability by encouraging jurisdictions to implement mandatory pro-arrest policies as part of a coordinated community response. The additional funding to continue this program is the direct result of successful outcomes from the initial grant award. . Considerations: The grant period is September 1, 2006 through August 31, 2008, and provides continued funding for one Assistant Commonwealth's Attorney, a Paralegal, and Clerk II in the Commonwealth's Attorney's office. It is understood that these three positions will remain grant-funded and are subject to termination at the end of the grant period. No City funding is required to receive this grant, and the City is under no obligation to continue funding these positions when the grant expires. . Public Information: Public information will be handled through the normal Council agenda process. . Alternatives: Decline grant and end the current program on December 31, 2006. . Recommendations: Accept and appropriate the $400,000 grant to the FY 2006-07 Operating Budget of the Commonwealth Attorney's Office. . Attachments: Ordinance and Grant Award Letter Recommended Action: Approval Submitting DeparbnentlAgency: Office of the Commonweatth's Attorney ./~ City Manage~ k-~f\"1. 1 2 3 4 5 6 7 AN ORDINANCE TO ACCEPT AND APPROPRIATE $400,000 FROM THE DEPARTMENT OF JUSTICE TO THE FY 2006-07 OPERATING BUDGET OF THE COMMONWEALTH'S ATTORNEY'S OFFICE FOR THE PROSECUTION OF DOMESTIC VIOLENCE CASES 8 WHEREAS, the United States Department of Justice has awarded 9 a $400,000 grant to the Virginia Beach Commonwealth's Attorney's 10 Office to continue funding three full-time positions for the 11 prosecution of domestic violence cases. 12 13 14 15 NOW, THEREFORE, BElT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $400,000 is hereby accepted from the United States 16 Department of Justice and appropriated to the FY 2006-07 Operating 17 Budget of the Commonwealth's Attorney's Office to continue funding 18 for three full-time positions for the prosecution of domestic 19 violence cases, with revenue from the federal government increased 20 accordingly. 21 That the three full-time positions funded by this grant 2 . 22 will be terminated if federal grant revenue is eliminated. 23 Adopted by the Council of the City of Virginia Beach, Virginia 24 day of 2006. on the APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY j}n~)Q. ~~ Management Services ! I - > ~ Jr>t{ ?' (~{,IA City ttorney's Of ce -- CA10147 V:\applications\citylawprod\cycom32\Wpdocs\D021\POOl\OO020695.DOC R-1 September 21, 2006 DeparbnentofJustice Office on Violence Against Women August 28,2006 Washington. D.C. 20531 Mr. James K. Spore City of Virginia Beach Municipal Center 2501 James Madison. Blvd. Virginia Beach, VA 23456-3701 Dear Mr. Spore: On behalf of Attorney General Alberto Gonzales, it is my pleasure to infonn you that the Office on Violence Against Women has approved your application for funding under the Grants to Encourage Arrest Policies Program in the amount of$400,000 for City of Virginia Beach. This award provides the opportunity for recipients to develop and strengthen effective responses to violence against women. This grant award, made under the Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program, is to encourage the treatment of domestic violence as a serious violation of criminal law . Enclosed you will find tbe award package. This award is subject to an administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you will be in violation of the tenns of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact Anne M. Hamilton at (202) 353-2794. For financial questions, contact the Office of the Comptroller, Customer Service Center (CSC) at (800) 458-0786, or by email at ask.oc@usdoj.gov. Congratulations, and we look forward to working with you.. Sincerely, /-': cCLx<- }/7.'{J;~ Diane M. Stuart Director, Office on Violence Against Women Enclosures CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $15,000 from the National Park Service to the Department of Planning and Community Development's FY 2006-07 Operating Budget for the Development and Printing of New Elizabeth River Water Trail Maps, Information Brochures, Improved Information Signs, and a Kiosk at the Trail Access Location MEETING DATE: October 3,2006 . Background: In 2001, the Department of Planning nominated the Elizabeth River Water Trail to be included as a component of the National Park Service's Chesapeake Bay Gateways network. Designated Gateway elements are eligible for grant funds under a competitive program administered by the National Park Service. The National Park Services has awarded the Virginia Beach Department of Planning and Community Development a Chesapeake Bay , Gateways Grant for $15,000 to support the development of improved public communication and education for the Elizabeth River Water Trail. A package of improvements has been designated for the Elizabeth River Water Trail. The improvements include enhanced roadway signage directing users to the trail access location in Carolanne Farms Neighborhood Park, development and printing of new Elizabeth River Water Trail maps and information brochures, improved information signs, and a kiosk at the trail access location. This grant provides funding for these projects, including reimbursement for expenses previously incurred. Public participation has been an ongoing component in the development of the Elizabeth River Water Trail for over 10 years. An additional Citizens Information Meeting will be scheduled later in the fall to discuss possible future improvements to the Elizabeth River Greenway and to assess potential plans for controlled vehicle access improvements to the Carolanne Farms Neighborhood Park location. . Considerations: This grant will allow the Department of Planning and Community Development to continue with the adopted Outdoors Plan, which identifies the creation of an Elizabeth River Greenway corridor as a long range recommendation to provide passive recreational opportunities in the Kempsville area of the City. There is no local match required for this grant. . Public Information: Public information will be provided through the normal Council Agenda process. . Recommendations: It is recommended that Council accept and appropriate the grant award of $15,000. . Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Planning Department ~ City Manager~ l ~~ 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO ACCEPT AND APPROPRIATE $15,000 FROM THE NATIONAL PARK SERVICE TO THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT'S FY 2006-07 OPERATING BUDGET FOR THE DEVELOPMENT AND PRINTING OF NEW ELIZABETH RIVER WATER TRAIL MAPS, INFORMATION BROCHURES, IMPROVED INFORMATION SIGNS, AND A KIOSK AT THE TRAIL ACCESS LOCATION WHEREAS, the National Park Service has designated the 12 Elizabeth River Water Trail as a component of the Chesapeake Bay 13 Gateways network. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 That $15,000 is hereby accepted from the National Park 17 Service and appropriated to the Department of Planning and 18 Community Development's FY 2006-07 Operating Budget for the 19 development of improved public communications and education for the 20 Elizabeth River Water Trail, with revenues increased accordingly. 21 Adopted by the Council of the City of Virginia Beach, 22 Virginia, day of , 2006, Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 0\ . \ Ch ~I~ -<:.J C1.I'JtO Q, \\ ~ '- Management Services , /amu ? K._ lr/-<- City Attorney's Of ce CA10148 V:\applications\citylawprod\cycom32\Wpdocs\D020\P001\OO020637.DOC R-1 September 19, 2006 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $1,817,793 to CIP #2-837, Various Cost Participation Projects, to Fund the City's Increased Portion of a Cost Participation Agreement with Lago Mar Associates MEETING DATE: October 3,2006 . Background: Lago Mar Associates, LLC (LMA), the developer of Lago Mar, is currently developing Section VII of that subdivision. LMA must provide additional access improvements for the proposed development via the construction of a portion of Nimmo Parkway adjacent to both the "old" portions of Lago Mar south of Nimmo Parkway and the newer Section VII north of Nimmo Parkway. Nimmo Parkway is designated on the Master Transportation Plan as a 100- foot controlled-access roadway with a bikeway and scenic buffer. The Nimmo Parkway Cost Participation Agreement (CPA) was approved by City Council on June 1, 2004. The Agreement is for the construction of a two-lane roadway with a multi-use trail, within the Nimmo Parkway right of way, from its existing terminus just east of Upton Drive to Albuquerque Drive. LMA has since constructed two lanes of Nimmo Parkway, from Albuquerque Drive to Camino Real. The CPA further provides that LMA shall construct Artesia Way to connect to Nimmo Parkway at Camino Real, at no cost to the City. On September 5, 2006, staff briefed Council on the status of the project. At that presentation, Council was informed that the construction low bid, received by LMA, was $4,400,000 and the City's share would be between $2,900,000 and $3,500,000 (the $600,000 difference to be negotiated with LMA). Also, Council was informed that approximately $1,000,000 of City funds were available for construction. . Considerations: Based on discussions between the City and LMA, on September 15, 2006, the City received a revised low bid of $4,220,000 from LMA. Of this amount, the City's share was successfully negotiated to be $3,157,700. LMA's share is $1,060,000. Since the construction contract is a unit price contract, actual costs for construction will be determined at the end of the project, based on actual quantities. Project funds were originally established based on estimates received by LMA in 2003. Since then, construction costs have increased significantly. The reason for the rise in construction costs is due primarily to the substantial increase in roadway construction costs experienced across the region over the past 2-3 years. In addition, major drainage structures were found to be necessary during the design phase. The actual amount currently available for construction has been determined to be $1,339,907. Therefore, additional funding in the amount of $1,817,793 is required to complete the project. To fund the balance, it is proposed to transfer funds from the following projects, into Various Cost Participation Projects CIP #2-837: Page I of2 Princess Anne Road - Phase IV, CIP #2-305 West Neck Road, CIP #2-502 Total $908,896 $908,897 $1,817,793 The transfer of funds from the above projects, which currently are not fully funded, will not have significant impact on current project activities, since construction is not programmed within the six-year period of the CIP. .However, if funding is not restored, there could ultimately be a delay in construction of those projects. . Public Information: A Citizen's Information Meeting was held on September 2, 2004. . Alternatives: Do not approve the additional funding required to complete this project. The City would require LMA to construct a 2-lane rural roadway from Albuquerque Drive to Townfield Lane. The City would construct the remainder, from Townfield Lane to Upton Drive, when funding becomes available. . Recommendations: Adopt the attached ordinance to transfer $1,817,793 to Various Cost Participation Projects CIP #2-837, to provide the necessary funding to complete the Nimmo Parkway Cost Participation Project. . Attachments: Ordinance and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Engin City Manager: ~~ k. ~~ Page 2 of2 /'~~ .~~~ / / m} ~~ ~.""-.. l/ ~~ 17 , . fA.~'st-!~ ~ ;if ~ I)<~ 7'XL \)' f::L~ ( ~d I>Jj ~ >., ~ ~~ j ~ -? t-:LJ~DAMNECKq~~t ~J:~~ \~ ~ ~ "S ~~ '7 ~~ ).~ 'ic~ '/~~ ~~ ~ B'" ~ , !>r:!!/?J-"'r r - y j.'f ~ ~ -; '" ~ :..: },.. 'l.:S",. IF\ ~ ~q 'if /~\1 :--~ '~ ~ ~~ ,/1~ --- ~--::;:: /.." f-. S ~( "?0j ~ Trt?iJ?;'''' ~ "'-.\ ~1 /. ~. #0 -gTi1 ~ i8(\ ~-yv' ,~ f' / I;. x / ): :::::::;: ~ .Zx.' ~~' Y~~~i ~t v~ ~ ~ ""@? / a~~~- ~ ~(h \ 4- \ / ~~~Q/, l\ -If ~~~~ y ,'" ~ rl ~ '\ ! '--J" ..Jj! ~ ~ v-r tt ~ t1 ili --11i '~r~ r'"'\.., " ~ J b H , l- ~ ---- ~~~~~--;I \~6 ~ 1\t~~ ~7; '-~Ir-\ ~~~11iS ~\5!/l1~\..\\) ~ :~i?7 M ~~ ~7'-!L la...~/l ~~~ ~I I / -r :-T.l. -e;. '\ ~/~' '\V ~".l ~ ~~ 0K 7 --.. . ( IJ..... ..........,. "A.v ^ "L ~.0. """ .~~ B Y. UMITSOFTHECITY txAl... ~~ V' ...... .NJtt.l 1 OF VIRGINIA BEACH's ~ ~ ~'_ , ~ RESPONSIBILITY .~.( -.. i I 'J v ~,'X u: ~ \ 1 (1'-;' 717J,j 'I/~ ~ .\ 1-/:1:. I':: " ~l .~~ ~ 1--1... ~J:. / 'Ft" t ~WZ ~ff ~ ~ ~ ~ ~lL, v Q j :,)1 ~ ~ 'flj ~ ~1""'!l PREVIOUSLY r\!IJ I7\ :f "K? ~ txit~ ~ ~ ~ ~~1 / CONSTRUCTED ,.....D S -' ,k~ ~'<:t3l~.=r'~ ~ {/ N~ / / BY LMA ~ ~ ~ ~ m~ ~ ~,,~~ r'V 'I.('^,~ ~O p. ~~ ) I 1 ~x .I::)..{< ... :s:,.~ ro- ~ )Y J?1r~ ~ "j. ~ 7j~:Jl ,. L.J '(-..,0?)~ ~ ::IIf:I ~7"'~ K-Y' J-I::ff ~ '3'1-- f"J ~ '::Ii! )~""- V '\\ ~~ ~ ~; ~Y"": \ .L~ ~~ ~ gq IT 'J..J Y ~ :N 'j 1J:::J.ti-f ~, ~ ~~ J@ /.-..1t!r' l Y: ~ . ;..'C YJ:. ,..);'\,~ 7 [::A ~ t -"" '\ ') ~Z 1 L ~ 'T' r'-- ~ Z'" .~ U I ....J H -- I---,.{"I: r-;:;:, ~0 $ ~ ~:thJ' ~~ ;~~~ ~~ ~~ i ~ LOCATION MAP / ,}~ ~ '~ 1_ - - NIMMO PARKWAY ~~ r S 7' COST PARTICIPATION " r t ~ IT r- :}J [V 1 SCALE: 1" = 1000'& /<-. ~~ y'~~f,\ ~ ~,! _ l(JJ /~ l!J")~~~ V ~')~/Ylr?Y ! ~.r N ~u / Prepared by PW.lEng.lEng. Support Services Bureau 8/30/06 X:\Projects\ARC Files\Agenda Maps\NIMMO.MXD 1 2 3 4 5 6 7 AN ORDINANCE TO TRANSFER $1,817,793 TO CIP #2-837, VARIOUS COST PARTICIPATION PROJECTS, TO FUND THE CITY'S INCREASED PORTION OF A COST PARTICIPATION AGREEMENT WITH LAGO MAR ASSOCIATES 8 WHEREAS, due to increased construction costs and the need for 9 major drainage structures, the City's portion of a cost 10 participation agreement with Lago Mar Associates for construction 11 of a section of Nimmo Parkway will increase by $1,817,793; and 12 WHEREAS, the additional amount needed to allow the awarding of 13 the low-bid contract can be transferred from the CIP #2-305, 14 Princess Anne Road-Phase IV, and CIP #2-502, West Neck Road. 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 That $908,896 from CIP #2-305, Princess Anne Road-Phase IV, 18 and $908,897 from CIP #2-502, West Neck Road, is hereby transferred 19 to CIP #2-837, Various Cost Participation Projects, to fund the 20 City's increased portion of a cost participation agreement with 21 Lago Mar Associates. 22 Adopted by the Council of the City of Virginia Beach, 23 Virginia, on the day of , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: fJo~o, 1\ Management Services CAI0138 V;\applications\citylawprod\cycom32\Wpdocs\D020\POOl\OO020653.DOC R-2 September 21, 2006 , ~1ty(( g t. ~/^_ City Attorney's a ice--"" L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCU ACnONS V 0 I M B L DATE: September 26, 2006 0 C E L PAGE: I E 0 H C R A W S I E J L N U N I AGENDA T E 0 N 0 A 0 H U L W ITEM # SUBJECT MOTION VOTE E Z Y L N N 0 R E S 0 P E E E E A R I V 0 0 H L R Y S N F N A N 0 I-A BRIEFINGS: BIZNET PROJECT Dr. Terry Jenkins, Director- Human Services B COMPENSATION AS BUDGET DRIVER Susan Walston, Chief of Staff Fagan Stackhouse, Director- Human Resources C YEAR-END FUND BALANCE David L. Hansen, Chief - Finance and Technology 1I/I111 IVN- E CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 Y Y Y Y Y Y Y Y Y Y A F-I MINUTES - September 26, 2006 APPROVED 10-0 Y Y Y Y Y Y Y Y Y Y A GIH-I PUBLIC HEARING LEASE OF CITY-OWNED PROPERTY - Farmers Market a. The Candy Barn, LLC No speakers IIJ-I Ordinance to AUTHORIZE lease with Candy ADOPTED BY 10-0 Y Y Y Y Y Y Y Y Y Y A Barn, LLC at Farmers Market (No. 37) CONSENT 2-a. Ordinances to ACCEPTI APPROPRIA TEffRANSFER: ACCEPT and APPROPRIATE $ 1,2 10,922 in ADOPTDBY 10-0 Y Y Y Y Y Y Y Y Y Y A StatelFederallGift FundlFee Revenues to CONSENT Human Servicesre additional services b TRANSFER $50,000 to ManagementServices re ADOPTED BY 10-0 Y Y Y Y Y Y Y Y Y Y A oroe:rammatic review of assessment process CONSENT c TRANSFER $18,000 to DONATE to School's ADOPTED BY 10-0 Y Y Y Y Y Y Y Y Y Y A Education Foundation CONSENT 3 Resolution FORWARDING 2007 Community ADOPTED 10-0 Y Y Y Y Y Y Y Y Y Y A Goals and Objectives to local Delegation re legislation during 2007 Session of the General Assemblv CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I M B L DATE: September 26, 2006 D C E L PAGE: 2 E D H C R A W S I E J L N U N I AGENDA T E D N 0 A D H U L W ITEM # SUBJECT MOTION VOTE E Z Y L N N 0 R E S 0 P E E E E A R I V 0 0 H L R Y S N F N A N D K-l CAR SPA, INC. CUP: car wash at ADOPTED/ 10-0 Y Y Y Y Y Y Y Y Y Y A Northampton BoulevardlDiamond Springs CONDITIONED Road. (DISTRICT 4- BA YSIDE) BY CONSENT 2 RACE CO OIL CO., L.L.c. CUP re gas DENIED 10-0 Y Y Y Y Y Y Y Y Y Y A station/conveniencestorelcarwash at Newtown RoadILake Edward Drive (DISTRICT 2 - KEMPSVILLE) 3 HARVEST OUTREACH MINISTRIES, INC DENIED 8-1 Y A N Y Y Y Y Y Y Y A CUP re church at Indian River RoadJBridlepath Lane. (DISTRICT 7- PRINCESS ANNE) 4 DR. ALAN MAHANES COZ from AG-2 to DEFERRED TO 7-0 A A Y Y Y Y Y Y Y A A Conditional 0-1 with Historical/CulturalOverlay 10/10/06 at 2513 North Landing Road re a dental office/space for lease (DISTRICT7 - PRINCESS ANNE) 5 LAGO MAR ASSOCIATES, L.L.c. COZ from DEFERRED TO 10-0 Y Y Y Y Y Y Y Y Y Y A B-1 to Conditional R-IS at 801 Artesia Way re 10/10/06 BY single-familv dwellinl!"s CONSENT L APPOINTMENTS RESCHEDULED B Y C 0 N S E N S U S BUILDING CODE OF APPEALS- New Constructim COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HISTORICAL REVIEW BOARD HISTORIC SITES ORGANIZING COMMITTEE INVESTMENT PARTNERSHIP ADVISORY COMMITTEE- PPEA M Recess to Closed Session @ 8:04PM re APPROVED 7-0 A A Y Y Y Y Y Y Y A A PersolUlel/Publicly Held Property/Legal Matter a Certify Closed Session @ 9:30 PM CERTIFIED 7-0 A A Y Y Y Y Y Y Y A A N/O ADJOURNMENT 9:32 PM