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DECEMBER 5, 2006 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 WILLIAM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER" Centerville - District J BARBARA M. HENLEY, Princess Anne - District 7 REBA S. McCLANAN, Rose Hall - District 3 .fOHN E. UHRIN, Beach ~- District 6 RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large .fAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CiTY CLERK - RUTH HODGES SMITH, MMC 5 DECEMBER 2006 I. CITY ATTORNEY'S BRIEFINGS - Conference Room - 1:00 PM A. ADAMS OUTDOOR SELECTIVE PRUNING PERMIT William Macali, Deputy City Attorney B. 2007 LEGISLATIVE PACKAGE AMENDMENT re BARS AND NIGHTCLUBS Leslie L. Lilley, City Attorney II. CITY MANAGER'S BRIEFINGS A. BUDGET EXECUTION REPORTS Thomas Leahy, Director of Public Utilities Terry Jenkins, Director of Human Services Jack Whitney, Director of Agriculture B. USE OF YEAR-END FUND BALANCE David L. Hansen, Chief of Finance and Technology Catheryn Whitesell, Director of Management Services III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. REVIEW OF AGENDA VI. INFORMAL SESSION - Conference Room - 3:30 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: Bishop Rudolph Lewis Pastor, New Light Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS November 28, 2006 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARINGS 1. INSTALLMENT PURCHASE AGREEMENTS for acquisition of Agricultural Land Preservation (ARP) Easements: a. 1576 Princess Anne Road b. 3164 Head of River Road 2. LEASE OF CITY PROPERTY a. Smith & Smith Venture, LLC at 4100 Virginia Beach Boulevard 1. CONSENT AGENDA J. RESOLUTION/ORDINANCES 1. Resolution to AMEND the 2007 Community Legislative Package re proposed legislation concerning workforce housing. 2. Ordinance to AUTHORIZE the City Manager to execute a lease with Smith & Smith Venture, LLC, re operation of a coffee shop in the Central Library at 41 00 Virginia Beach Boulevard; and, APPROPRIATE $9,000 to the Department ofthe Libraries FY 2006-2007 Operating Budget re acquisition of books and materials. 3. Ordinances to AUTHORIZE the City Manager to issue Franchise Agreements to Old Virginia Carriage Co., LLC, from November 15, 2006 to Apri115, 2007, re: a. Guided horse tours on the sand beach between Rudee Inlet and 42nd Street b. Horse-drawn carriage rides on the Boardwalk 4. Ordinances to AUTHORIZE the City Manager to acquire Agricultural Land Preservation (ARP) Easements and issue contract obligations: a. $1,086,294 for property of Herbert A. Culpepper and Robert E. Steinhilber at1576 Princess Anne Road b. $179,701 for property of Craig L. and Bonnie P. TaUey 3164 Head of River Road 5. Ordinance to AUTHORIZE temporary encroachments by JEAN J. OWENS into a portion of City Property known as Lake Bradford and the 100-foot border of land owned by the City around Lake Bradford re pier and timber bulkhead maintenance. 6. Ordinance to ACCEPT a vehicle donation to the Police Department's Detective Bureau from Progressive Insurance Company. 7. Ordinance to ACCEPT and APPROPRIATE $500,000 from the Federal Emergency Management Agency (FEMA) to the Fire Department's FY 2006-2007 Operating Budget re Hurricane Ernesto deployment. K. PLANNING 1. Application of KEMPSVILLE CHURCH OF CHRIST for a Modification of Conditional Use Permit re a church expansion and the location of their parsonage at 5424 Parliament Drive (approved by City Council on July 2,2002). DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 2. Application of the CITY OF VIRGINIA BEACH PUBLIC SCHOOLS for a Conditional Use Permit re replacement of the existing buildings with a new Secondary Alternative Education Academy Complex at 233 North Witchduck Road. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 3. Application of CARPENTER'S HOUSE MINISTRIES for a Conditional Use Permit re use of an existing building as a church at 980 Broad Meadows Boulevard. DISTRICT 4 - BA YSIDE RECOMMENDATION APPROV AL 4. Application of HOLLAND ROAD BAPTIST CHURCH for a Conditional Use Permit for a church at 4881 Euclid Road. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 5. Application of ROBERTA MADDOX for a Conditional Use Permit re an outdoor recreational facility (skateboard ramp) at 519 Delaware Avenue. DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 6. Application ofPAYKAN, INC. for a Conditional Use Permit re existing motor vehicle sales facility expansion at 234 North Witchduck Road. (Conditional zoning approved by City Council February 27,2000) DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 7. Application ofT-MOBILE NORTHEAST, L.L.C. for a Conditional Use Permit re a wireless communications monopole tower and antennas to accommodate three (3) wireless carriers) at 136 South Lynnhaven Road. DISTRICT 6 - BEACH RECOMMENDATION APPROVAL L. APPOINTMENTS ARTS AND HUMANITIES COMMISSION EMPLOYEE BENEFITS TASK FORCE HAMPTON ROADS ECONOMIC DEVELOPMENT AUTHORITY (HREDA) HUMAN RIGHTS COMMISSION INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA OPEN SPACE ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE PLANNING COMMISSION SOCIAL SERVICES BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ********************************** PUBLIC COMMENTS Non-Agenda Items ********************************** CITY COUNCIL SESSIONS SCHEDULE JANUARY 2007 COMBINE THE FIRST AND SECOND REGULAR TUESDAYS - JANUARY 9, 2007 REGULAR THIRD TUESDAY WORKSHOP - JANUARY 16,2007 THE REGULAR FOURTH TUESDAY AGENDA - JANUARY 23, 2007 ********* 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 11/27/2006mb www.vbgov.com - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 5 December 2006 Mayor Meyera E Oberndorf called to order the City Attorney's Briefing re ADAMS OUTDOOR SELECTIVE PURNING PERMIT in the City Council Conference Room, City Hall, on Tuesday, December 5,2006, at 1:00 P.M. Council Members Present: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva and James 1. Wood Council Members Absent: Harry E. Diezel [Entered: 1 :45 P.M.] William R. "Bill" DeSteph [Entered: 2:47 P.M) John E. Uhrin [Entered: 1: 1 0 P.M.] Rosemary Wilson [In New York, family vacation) December 5, 2006 - 2 - MA YOR 'S COMMENTS 1 :00 P.M. ITEM # 55848 Mayor Oberndorf welcomed " visitors from another Century" to extend a special invitation to City Council which was issued by the Royal Order of His Majesty King Henry II, through his Page: Royal Feast Thoroughgood Manor Sunday 3:00 P.M. December 17, 2006 "Entertainment will delight the eye and ear in observance of the commencement of the Holidays. The great Yule Log will be lighted to begin the festivities of the Season." Copy of this "Royal "invitation is hereby made a part of the record. Mayor Oberndorf requested the Page take City Council's Holiday greetings to King Henry 11, acknowledging the "King of Bayside ", Louis Jones. ITEM# 55849 Mayor Oberndorf extended sympathy the City Attorney Leslie L. Lilley. His father, James C. Lilley passed on December 2, 2006, at the age of ninety-two (92). He grew up on the family farm in Gatesville during the Depression era. Mr. Lilley took great pride in his thirty-eight (38) years of service with the Ford Motor Company at the Norfolk Assembly Plant. He was a member of the Kempsville Baptist Church and the Kempsville Ruritan Club. He is survived by his beloved wife of sixty-six years, Mary Anne. Mayor Oberndorf, Vice Mayor Jones, Council Members Dyer, McClanan and Wood attended the funeral Monday at All Saints Episcopal Church with Interment at Rosewood Memorial Gardens. December 5, 2006 - 3 - C IT Y A T TOR N E Y'S B R IE FIN G ADAMS OUTDOOR SELECTIVE PRUNING PERMIT 1 :00 P.M. ITEM # 55850 Deputy City Attorney William Macali, serving in the absence of Mr. Lilley, advised City Council re the Vegetation Control Permit application of Adams Outdoor Advertising. Deputy City Attorney Macali described the detailed request of Adams and specifics of their plan Mayor Oberndorf advised she had spoken with Johnnie Miller of the Beautification Commission and Deputy City Attorney Macali advised he had also spoken with some members of the Commission. They are aware this item is scheduled for today's City Council Session. . Adams has applied for a "Vegetation Control Permit" to remove twenty-one (21) Crepe Myrtle treesfrom the south side of the Virginia Beach Boulevard right-of-way between Rosemont Road and Lynn Shores Drive. Adams also submitted a landscaping plan providing for the replacement of the trees, their relocation and additional landscaping (details will be described). The applications, and others like it, are authorized under amendments made by the 2006 General Assembly. Prior to 2006, such applications were allowed only for signs viewable from the main traveled right-of-way of: - Interstates - National Highway System Highways _ Federal-Aid Primary Highways (as of June 1,1991) The 2006 legislation ended this distinction and now ALL roadways within the City are subject to the Vegetation Control Permit program STATUTORY PROVISIONSIPROCEDURE VDOT has delegated the authority to administer Vegetation Control Permit program to Cities (as required by Virginia Code). _ Resolution will be scheduled for the December 12, 2006, Agenda for the City to accept the delegation of authority. City must act within sixty (60) days or the application is deemed approved. _ Application was filed on November 1, 2006 (since there is no Council meeting after December 12, 2006, the last date on which Council mav act is 12/12/06). If the Prmit is part of a "local beautification project," the City may impose conditions consistent with the applicable statute and regulations. These would include: - relocation/replacement of plant materials - manner of pruning (not applicable here) - qualifications of tree workers December 5, 2006 - 4 - C IT Y A T TOR N E Y'S B R IE FIN G ADAMS OUTDOOR SELECTIVE PRUNING PERMIT ITEM # 55850 (Continued) The statute is silent as to whether the City may deny a permit. However, the City may appeal to VDOT if it is not satisfied that the landscaping plan submitted by the applicant meets the requirements of the statute and regulations. Either way, the matter would be decided by VDOT. Grounds for denial/appeal could be in theory: The trees/other vegetation do not, in fact, obscure the visibility of the signs (which is the basic premise of the statute) Inadequate replacement/relocation of vegetation Where the trunk base diameter is six inches (6'? or greater (per regulations, all cutting is limited to trees with trunk base diameter of six inches (6'? or less) Since Crepe Myrtles are multi-trunked trees, VDOT uses the measurement of each individual trunk Appeals may be taken to VDOT as follows: 1. By the locality if it is not satisfied that the landscaping Plan submitted by the applicant meets the requirements of the statute and regulations; and, 2. By the applicant if it objects to the conditions imposed by the locality The statute states that a determination by VDOT on appeal "shall be binding upon the applicant and the locality. " Since the program began in 1991, VDOT has informally applied a six (6) - second rule as the benchmark for whether a sign is obscured (signs must be un obscured for six (6) seconds as vehicles pass by). This applies to all roadways, irrespective of speed limit. . Per VDOT, the Crepe Myrtles meet the standards for obscuring all three billboards (there is 2.4 sec. to 4.2 sec. visibility, depending on the billboard and direction of travel). Deputy City Attorney Macali displayed photographs of subject billboards being obscured. The degree of obscurity seems to depend on the season of the year. Obviously, when the crepe myrtles are "in leaf" the billboards will be obscured. Deputy City Attorney Macali detailed Adams' Application: Remove twenty-one (21) Crepe Myrtles, all on South side of Virginia Beach Boulevard All twenty-one (21) would be physically moved to any location(s) the City selects within three (3) miles and replanted. Adams will give one- year warranty No trees in median to be removed but would be limbed up to a height of9' (which is standard City practice) . Existing low shrubbery to be undisturbed December 5, 2006 - 5 - C IT Y A T TOR N E Y'S B R IE FIN G ADAMS OUTDOOR SELECTIVE PRUNING PERMIT ITEM # 55850 (Continued) . The twenty-one (21) Crepe Myrtles to be moved would be replaced by fifty-one (51) "tree- formed Ligustrumjaponica" trees. 17 clusters of 3 40 feet on center apart Canopyapprox. 3-4' in width; maintained at 6' by Adams . In addition, Adams would beautify the base of the three billboard structures by planting "Nerium Oleander Petite Pink" shrubs around each base. Upon maturity, the Oleanders will cover the view of the poles supporting the billboards. . After landscaping is complete, there would be: Row of the existing low (3') shrubs nearest the roadway; 17 clusters of Ligustrum at 40' centers; Oleanders around base of all three billboards hiding the support structures; 21 Crepe Myrtles relocated to any location(s) selected by the City within 3 miles. Adams has retained a Landscape Architect. Deputy City Attorney Macali displayed photographs of Ligustrum and Oleander and simulated photographs depicting the trees and shrubs by the billboard lto ~ ,,- NEW EUONYMOUS HEDGE (MAX 3'-0') ,/ TO MATCH EXISTING SPACING AND SPECIES , \" -- --:"... _ f... _HEDGE ROW TO REMAIN AT :; -0' ", ~ // / - .... \ ./; ~ ~""'~/---- --~-'-- --.--- -~ \ VIRGlV _...~...., I _-------:::.~..----- PROPOSED TREE FORM L1GUSTRUt1 ___~ ! ~ It! !34tCH'8QULEV ..._~~.!H~-~/? ...-.............-----___:.- CLUSTERS NOT TO EXCEED 6-0" TALL , ___ ! f \ j " ARb --\fj <;, ROn/, " -- \ t i' '" E e .... ).!!uTE 58 _ .....,.... / -............. " 1 : . V1R. IYff)TH R/W.> :' ~.._- g!r---ro~-l'~lNO:~~~~~~=; ~~)L~Y co. __ 66' R/w '",' , /' f./! /'...e;;""};ti40~:L I 'I ~.. -~-_// ~ us" --- '~'\ ~~__,),,</ : .7,..1 --- I" ../ 2 ~ ~ " .>'.....,5:~~J:". " ~I UJ'I/I .& ., " , ',"'...." ""'---- '" S '" """ 79" ~ "" l~_..~{.." . ~'" ". l ..." ff ---,=~ _/ "\"'__~~__~-_ 1'''''''''-'' I ~ I' ,g.,. ,<S....,."" , __--r,;if) ~~;.'. l ,.",,, ~ ___~;~i:~~L_-:,.---;;;:;;;--'--"-~---- !l ~, S \'?'R WIDTH RjW IIONNEY ROAD - '", . . r.\i'.fl. HI!. p, III - GflAP~lC ~'~';A~ '" C> I ~ 5::: ~~ i2~ ~> ~,~ "'~ 5r:'- :>:; ..., v; Edward Barnes, Director - Landscape Services, advised this alternative certainly was preferred considering the legislation as Adams would be relocating the Crepe Myrtles at their expense to the City's preferable locations and all twenty-one (21) trees would be warrantedfor afull year. Apparently the very large crepe myrtles on the two (2) medians on Virginia Beach Boulevard are no longer an issue. Deputy City Attorney MacaU advised some states have amortization provisions which have been used successfully, but this is not possible in Virginia under the current Dillon law. December 5,2006 - 6 - C IT Y A T TOR N E Y'S B R IE FIN G 2007 LEGISLATIVE PACKAGE AMENDMENT re BARS and NIGHTCLUBS 1 :45 P.M. ITEM # 55851 Deputy City Attorney William Macali advised City Council was briefed concerning the concept of a Conditional Use Permit for bars and nightclubs. OrdinancetoAMENDH111, 233.1,701,901,1001,1501,1511 and 1521 of the City Zoning Ordinance [CZO] to DEFINE the terms "Alcoholic Beverage" and "Bar" or "Nightclub"; REQUIRE Conditional Use Permits for same and ESTABLISH other regulations in the H-1, B-1, B-2, B-3, B-3A, B-4, B-4C, B-4K, 1-1, 1-2, RT-1, RT-2 and RT-3 Zoning District This item was scheduled for the Planning Commission meeting on November 8, 2006. The City Attorney requested additional time of the Planning Commission to bring their recommendations forward to the City Council either in December or January. Councilman Villanueva suggested January in order for the industry representatives to be in attendance relative this Conditional Use Permit process. A definition has now been found which appears to be workable and all affected seem to concur. Approximately three (3) weeks ago, the new Ordinance was forwarded to representatives of the Restaurant and Hotel/Motel Association. The City Attorney's office had not received any formal positive or negative feedback. However, the President of the Restaurant Association denoted there was not a problem with the proposed ordinance. The City Attorney's office advised during this briefing to City Council, that the preparation of a Public Safety Permit Ordinance in which the same establishments would require a permit from the Chief of Police, (requiring security cameras, guards, et cetera), would be very expensive and difficult for them to comply. In the interim, another alternative has been devised, requiring action by the 2007 General Assembly. If the General Assembly adopts this legislation, there would be no need to develop a Public Safety Permit. This legislation would be more focused, applying only to particular problem establishments rather than attempting to "cast a net" which is too broad or too narrow. This legislation would allow the City and any other local governments to seek a temporary Court Order preventing an establishment from serving alcoholic beverages. The drafting of this legislation encompassing the proper reasons is vital. The Chief of Police would sign an affidavit describing how the establishment has become a "gathering place" for individuals committing frequent, serious violations of the law and are deemed to be a threat to public safety. This affidavit will be accompanied by Police records of the underlying criminal violations. The Request for a Court Order will be prepared (a temporary injunction) and all documentation will be served on the owner of the establishment. This documentation will also be provided to the regional Alcoholic Beverage Control (ABC) Officer who would then be required to initiate a formal ABC inquiry to determine if the establishment's ABC license should be revoked. Within ten (IO) days, the Court would have to hold a Hearing on whether or not this temporary injunction against serving alcoholic beverages should be granted. This would be a full Judicial Hearing. If the Court were to find the establishment a threat to public safety, the establishment would be adjoined from serving alcoholic beverages. The injunction would not be permanent, but would remain in effect until the ABC Board enters its final determination regarding the status of the ABC license. The City would not be required to post a bond for the issuance of the injunction. If this injunction takes effect pending the ABC determination, the difference between this and the existing law is that the establishment would not be able to serve alcoholic beverages. If the Court does not grant the temporary injunction, the ABC Board can go ahead and suspend or revoke the license and may impose other conditions. December 5, 2006 - 7 - C IT Y A T TOR N E Y'S B R IE FIN G 2007 LEGISLATIVE PACKAGE AMENDMENT re BARS and NIGHTCLUBS ITEM # 55851 (Continued) Because the General Assembly's deadline for drafting requests for legislation is December Eleventh, Deputy City Attorney Macali requested City Council's direction. A formal Resolution will be scheduled for the City Council Session of December 12, 2006. Robert Matthias, Assistant to the City Manager, advised the General Assembly convenes the Second Wednesday in January (January 10, 2007) Deputy City Attorney Macali advised Delegate Terrie L. Suit has expressed interest in sponsoring this Bill. BY CONSENSUS, City Council directed the City Attorney to REQUEST the legislation be DRAFTED re bars and nightclubs. December 5, 2006 - 8 - C IT Y MANA G E R 'S B R IE FIN G BUDGET EXECUTION REPORT - PUBLIC UTILITES 2:00 P.M. ITEM # 55852 Thomas Leahy, Director - Public Utilities, advised the Public Utilities Water and Sewer FY 2007 Operating Budget is approximately $96-MILLION. Forty (40%) percent comprises direct operating expenses encompassing the Human Resources cost of the four hundred (400) employees and materials, capital, uniforms, office and shop supplies, tools and vehicles which support the members. The Water Service contract with Norfolk encompasses approximately $31-MILLION Water is delivered to the Norfolk Reservoirs from the Lake Gaston project. Norfolk stores this water and transmits it, treats it at the Moores' Bridges Treatment Plan and delivers it back to Virginia Beach at the City's border. $27- Million is Debt Service, Direct Cash Funding of the Capital Improvement Program, and Reserves and Transfers to the General Fund. Revenues are derivedfrom the Water and Sewer Fund Revised FY 2006-07 Budget Public Utilities: Comparison of Current Rate of Expenditures with Projection R_ ~T""'n _.... """- a.."'-on . ......... . ... ..... Servicn ". .. ..........".. C8p0IQlJIsy 8.% 100% 6.% i :. 40% JuI Aug Sep Oct Nav Dee Jan Feb Mar Apr May JISl I-FY07 Rate _Fixed Monthly Rate I Key Services - .Public Water Supply & Fire Protection 'Sanitary Sewer collection services Results - .Quality drinking water .Safe wastewater disposal Current Projects - 'Upgrade/Replace older infrastructure 2.% .% ~ .. Near zero growth in revenue without rate Revised Exp to 08le Proaram Group FY 2~7 FY 2006-07 FTE', increase combined with compensation package Administration $ 368,671 $ 87,867 3.00 and debt service are major budget drivers Customer Service 6.665.720 1,226,688 65.50 .. Rapidly aging sewer system & regional SSO Engineering 7,172,116 1,433,825 76.00 Consent Order Operations 25,629,560 5,008,755 255.00 .. Rapid increase in construction costs Water Service 29,501,999 4,524.957 Debt Service 13,198,752 2,812 Reserves & Transfers 13,623971 Total $ 96,160,880 $ 12,284,905 399, 50 Five Year Forecast of Revenues & Expenses $140,000 $120,000 III $100,000 "'C c $80.000 ro III ::l $60,000 0 .r:. I- $40,000 E $20,000 $0 2007 2008 2009 2010 2011 2012 2013 Budget Budget Projected Projected Projected Projected Projected o Debt Service 13,199 14,487 15,446 17,217 18,767 20,460 22,116 . Personnel Costs 26,045 27,302 28,773 30,340 32,008 33,786 35,682 . Other Costs 54,312 54,621 55,989 57,253 58,566 59,914 61,284 o Revenues 93,555 96,410 101,362 105,550 106,009 106,297 106,259 Average increase from 2007 to 2013: o Debt Service = 11.3% o Personnel Costs = 6.2% o Other Costs = 2.1% Last rate increase goes into effect 2010 December 5,2006 - 9- CITY MANAGER 'S BRIEFING BUDGET EXECUTION REPORT—PUBLIC UTILITES ITEM#55852(Continued) Average Monthly Water & Sewer Bill 45 35 . - • 25 20 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 —+—City of Chesapeake Monthly bill based on 5,000 gallons of water usage. Includes meter availability charge, when applicable —E—City of Norfolk City of Portsmouth —XE—City of Suffolk SIE--City of Virginia Beach Water and Sanitary Sewer Waste Water Collection system has a current day replacement cost of approximately $3-BILLION In an ideal world, 1-1/2 to 2% of this $3-BILLION would be replaced each year. At the present time, only %%per year is being replaced. The Environmental Protection Agency and the Department of Environmental Quality are negotiating with all the jurisdictions in Hampton Roads re a Regional Sanitary Sewer Overflow Consent Order. Their goal is to implement this in the year 2007. All of the localities and the Hampton Roads Sanitation District will be able to fully contain all waste water flows during major wet weather events. This will result in significant operating and capital obligations on the City, starting to accrue in 2011 and beyond. Mr. Leahy advised, in the absence of the rate increases granted by the City Council, Public Utilities' growth in revenue would be near zero. Approximately only six hundred (600) connections are added per year. Customers practice conservation. Over fifty percent (50%) of the revenue comes from the water rate based on metered ratings. Mr. Leahy advised, relative the major concern of stormwater management, Public Utilities bills for stormwater management services is not part of the Water and Sewer Enterprise Fund. Public Works is handling the stormwater management and must address these issues. Mayor Oberndorf thanked Thomas Leahy for his professional service and making Lake Gaston a reality. December 5, 2006 - 10- CITY MANA GER 'S BRIEFING BUDGET EXECUTION REPORT - HUMAN SERVICES 2:18 P.M. ITEM # 55853 Terry Jenkins, Director of Human Services, advised their Mission is to serve as a safety net for individuals in the community who are impacted by virtue of illness, disability, poverty, age, abuse or neglect. Hopefully, the individuals can return to a life of self sufficiency and an improved quality of life. Through the Social Services Division, the following services are provided: Child Protective, Foster Care, Adoption, Adult Protective, Employment for families on Public Assistance, some limited Day Care, Food Stamps, Medicaid, Assistance to Needy Families (TANF), and Fuel Assistance. Through the Mental Health, Mental Retardation and Substance Abuse System, children, adults and elderly are served, who are experiencing a variety of disabilities. Human Services is also responsible for the oversight of the Juvenile Detention Center and most recently for Community Corrections and Pre Trial Services, as well as the Pendleton Child Services Center. The goal is to make all of these services and funding streams address the needs of the community. The Revenue Streams are very diverse and a variety are federal. state and local. The staff is aggressive in pursing grants which will beneficial to the community. Human Services is on target in terms of their Operating Budget. There will be expenditures associated with the BizNet facility toward the end of the year. There are approximately seventy-seven (77) vacancies within the Department. Approximately fifty-eight (58%) encompasses Personnel. Human Services purchases specialized services for the most disabled children in the community. There is an additional $165- MILLION flowing directly from those payments to the community from Medicaid, Food Stamps, and TANF. Twelve percent (12%) of the children in the City live in poverty. This becomes an important issue, not only for Human Services, but other city agencies i.e. Housing, Libraries, Parks and Recreation and, on occasion, the Police Department. Approximately nine percent (9%) of the citizens are over sixty-five (65). Seven percent (7%) of the elderly live in poverty. Ten years ago, two hundred fourteen (214) children were in foster care, there are three hundred fifty-six (356) as of this morning, December 5, 2006. Children, through the foster care system, are eligible for a variety of different types of scholarships. However this does not cover the cost of computers, clothes, CD players. Human Services works primarily through Misty Lee, Volunteer Coordinator, and reaches out primarily to the Faith community, which will sponsor a child and raise funds. There are approximately 26,000 Virginia Beach citizens receiving Medicaid. Human Services: Comparison of Current Rate of Expenditure with Projected 100% 80% 100% ~ <<l% 20% 0% J~ ~ ~p ~ ~ ~ ~n ~b ~r ~ ~y ~ I---FY 07 Rate -F<<ed ~nthly Rate I Revised FY 2006-07 Budget Purchased Services Leases/Relials otherCkarges J&f .. Foster Care .. Planning for Aging Population .. Workforce Development Key Services - . Child Protective Serv., Adoption, Adult Protective Serv., Food Stamps, Medicaid, Temp. Assistance to Needy Families (TANF), Employment, Juvenile Detention, Community Correction/Pre-Trial. Pendleton Child Serv., Mental Health, Substance Abuse and Mental Retardation Results - . Safe, healthy and economically sound families Current Projects - . BizNet . VB Community Development Corporation . Pendleton Child Services Center 24/7 Ops. RavlMd Adjusted HE'. .l'!!!lI!!IIL!l ~ .E!.1ll!!HI .E!.1ll!!HI Administration 4,014,1151 1,214.753 OHl2 Community Coractions 544,070 1t11,718 10.00 Comprel'lensiwServices 10,1155,340 1,341,026 1.00 Juvenile Detention S,253,S5Q 1,178,762 83.23 Mental Health 15,704,Q40 3.431,412 185.07 Mental Retardation 17,574,527 3,354,748 234.10 Pendleton CSC 1,8&1,854 357,4SQ 20.151 Social Services 38,860.854 8,242.013 31".20 Substance Abuse 4,"18,7C5e 1,120.245 ".80 au-. e73,527 "5,114 800 Total 100,5Ql5."15 20.503,2"'" Q90.72 December 5, 2006 - 11 - C IT Y MANA G E R 'S B R IE FIN G BUDGET EXECUTION REPORT - AGRICULTURE 2:40 P.M. ITEM # 55854 Jack Whitney, Director of Agriculture, referenced the Agriculture Department's Operating Budget of approximately $5-MILLION. Approximately eighty percent (80%) is derived through the dedicated funding source of the Agriculture Reserve Program (ARP). Earlier this year, the City Council reduced this dedicated funding rate from a 1 ~ to . 9~. With assistance from Management Services, an analysis of the trends and projections of this program were derived. The ARP program is sound with strong support from the community. Over 7,000 acres toward a goal of 20,000 enrolled in the Agricultural Reserve Program (ARP). The two applications (Culpepper/Steinhilber and Craig L. /Bonnie P. Talley) scheduled for the Formal Session encompass an additional ninety-seven (97) acres. An ARP project encompassing an additional amount of acreage will also be discussed in Closed Session. The ARP is strong and one of the first of its kind in the Commonwealth of Virginia. Two hundred thirteen (213) acres was closed on last year and currently there are approximately four hundred (400) acres in the "pipeline". Interest remains strong. Without the assistance of the volunteers, the Agricultural Department could not leverage the investment. The Master Gardeners Program is the largest in Virginia. Over two hundred twenty (220) active Master Gardeners are working in the community. There is always a waiting list for the Master Gardener Class. The Volunteer Master Gardeners equate to over $1/2-MILLION service in the community (equivalent of eighteen (18) fulltime employees. Mr. Whitney referenced the 4-H Service. Council Lady McClanan had indicated this being an important part of her life. Mr. Whitney was examining a hand written ledger earlier from 1946 discussing the 4-H Clubs in Princess Anne County. In one of the Clubs, entitled the Center 4-H Club, among the officers was a young man named Glenn McClanan (Council Lady McClanan's husband). Fourteen (14) separate 4-H Clubs are now in existence and involved in a number of different activities. Over 4,000 youth throughout the City are enrolled in 4-H Two (2) new clubs have beenformed this year, one ofwhich isfocused on those children being home schooled and the other is for children living in local "battered women" centers. Funds for these programs are all donated. Agriculture: Revised FY 2006.07 Budget Comparison of Current Rate of Expenditures with Projections Conlra~.1 Ser'olC8& 7<" ,"'" 80% 80% J~ ~ ~ ~ ~ OK ~ F~ ~r Apr ~y ~ I.....-FYo7Rate-FixedMonttWiRatel Key Services - . Support to Farmers .4-H . Master Gardeners Results - . Expanded programs . Increased demand for services . Diversity Current Projects - . Agriculture Reserve Program (ARP) . Green Market at Town Center ~ 50" <0% "'" 21)% 10% 0% .. ARP - participation trends Revised Exp to Oat, Proaram Group FY 2006-07 FY 2006-07 ~ ... Green Market at Town Center Acininisltallon $ 445,048 $ 91,404 4,00 Agriculture Reserve Program 4.046,255 37.981 2.00 CooptJfativo Extension 204,418 39.597 6.00 Farmers Markel. 402,414 66,536 3.00 Total $ 5,098,135 $ 235,518 15.00 December 5, 2006 - 12 - CITY MANA GER 'S BRIEFING USE OF YEAR-END FUND BLANCE 2:50 P.M. ITEM # 55855 The City Manager distributed the current list of projects suggested for possible use of the City's fund balance, as well as the outcome of the City Council's earlier rankings (on blue paper) as requested. The current list includes all projects which were initially identified in Vice Mayor Jones' letter to the City Council, as well as projects mentioned by individual City Council Members. Blank lines are provided in case items are to be added. There are three (3) decisions before the City Council. First, should the dollars be set aside and decisions made as part of the Capital Improvement Program deliberations next Spring or should these projects be addressed now. How much of the fund balance does the City Council wish to reserve according to the Fund Balance Policy and what projects are to be funded. Total Fund Balance Used: Policy Reserve of: 12. Proiects Shore Drive Corridor Improvements - Phases II, III and IV design, land acquisition, and private utility relocation. This does not include construction. Bayside Community Center - Design only. Constitution Drive Extended - 35% design, the cost to be split 50/50 with the developer (only City portion reflected) Fire and Rescue Station Chesapeake Beach - Site acquisition and design only. Town Center Pedestrian Bridge - Design only, this funding is in addition to the $200,000 already provided. Norfolk and Southern Right-of-way Acquisition - Reallocate $10-Million in BR T funding from the State. Congestion Relief/Safety Improvement Program - Public Works prioritized list of road/intersection improvements: (Funding provided is for first two projects on the list) 1. $1. 05-Million for left tum lane from southbound South Independence Blvd onto eastbound Lynnhaven Parkway 2. $1.05 -Million for right turn lane from eastbound Buckner Blvd to southbound South Rosemont Road. 3. $1.95-Million for right turn lane from southbound Holland Rd onto westbound Dam Neck Road 4. $1.95-Million for left turn lane from westbound Providence Rd onto southbound Edwin Drive Estimated Fund Cost Balance Us $ 2,500,000 $ 800,000 $ 320,000 $ 2,300,000 $ 200,000 State BRT funds $ 2,100,000 December 5, 2006 - 13 - C IT Y MANA G E R 'S B R IE FIN G USE OF YEAR-END FUND BLANCE ITEM # 55855(Continued) Storm Water Maintenance Backlog - Public Works is reviewing the impact of Ernesto on the storm water infrastructure, however, the following projects would provide initial funding: 1. $200,000 for Engineering/Drainage Studies on Neighborhood Flooding 2. $600,000 to extend the length of the Stumpy Lake Outfall in conjunction with Public Utilities project to replace the outfall. This will help with neighborhood drainage. 3. $2.0-Million as a set aside to address neighborhood flooding based on the results of Public Works Ernesto review. (Funding provided is for first two projects on the list) Southeastern Parkway & Greenbelt - Continue current policy of acquiring properties in the right- of-way that are threatened by development until state funding and EIS issues are resolved. Pavement Maintenance Program - This would allow some improvement to repaving efforts in light of rising prices. City Bikeways & Trails Plan - Fund according to new recommendations from the Bikeway and Trails Commission and direct staff to provide an annual appropriation in the CIP as pay-as-you- go funding allows. This was a high priority with citizens during our budget hearings last Spring. (Costs is higher than original list due to a misunderstanding of the Commission's request). Parks and Playground Equipment - This will provide the second installment of replacing the playground equipment removed due to federal regulations last year. Replenishment of the Various Site Acquisition Projects - Provide additional funding for strategic land purchases authorized by City Council. Funding includes potential acquisitions recently discussed in Closed Session. Unfunded Retiree Health Care Liabilities - Require Public Utilities and Storm Water Enterprise Funds to cover their proportionate share ($210,000 and $35,000 respectively). This is the first installment. 31 st Street Parking Garage Settlement - A settlement has been reached with Gold Key PHR regarding construction of the parking garage. The agreed to amount is $108,205. This will avoid a much costlier litigation. Staff can provide a briefing if needed. 31 st Street Park Restrooms - Construct, in partnership with PHR, a new permanent stage with sound wall and restroom facilities. PHR will provide $500,000 to the project with the City providing the remaining $90,000. 61 st Street Pump Station - Additional funding is needed to construct the pump station. This pump station is needed to address flooding at the north end of Atlantic Avenue during heavy rains.. (Construction funding is not needed immediately, the project is in the design phase, however, there is not funding identified in the six year capital program for construction.) Avalon Avenue - Additional funding to construct the 3,600 feet of roadway. Rural Roads - Allocate funds to address one of the proposed tum lanes on Princess Anne Road. Fire & Rescue Station Blackwater - Design only. Aquarium Pedestrian Bridge1- Fully funds construction of the pedestrian bridge over General Booth Boulevard $ 800,000 Continue with site acquisition strategy $ 1,000,000 $ 575,000 $ 1,260,000 $ 10,000,000 $ 3,260,000 $ 108,000 $ 90,000 $ 4,500,000 $ 1,500,000 $ 300,000 $ 600,000 $ December 5, 2006 - 14 - C IT Y MANA G E R 'S B R IE FIN G USE OF YEAR-END FUND BALANCE ITEM # 55855 (Continued) Regional SRO Housing Project (V.B.Shore)2 Kempsville Greens Golf Course Pond Stabilization - this would provide funding for ponds #1 and #11 (total of 11 ponds) Arts and Humanities Commission - this would provide one time funding for a third video wall art exhibit at the Convention Center $ $ l,300,000 500,000 $ 100,000 Total $ 34,113,000 $ [1] Council direction: to consider as part ofFY 07-08 CIP Budget. [2] New item: Council to be briefed in closed session on potential real estate acquisition. The City Council Policy on Fund Balance requires the City maintain between eight (8) to twelve (12%) percent of next year's General Fund Revenues. At the end of FY 2006, The City had $123.1-MILLION in Undesignated Fund Balance or 12.8% of the FY 2007 General Fund Revenues ($960.2-MILLION). The target percentage utilized by the City has been ten (10%) percent; however, eleven (11 %) percent was the level at the end of FY 2005. The City Manager advised if the following percentage levels are maintained, the designated amounts could be allocated to priorities. 12% 11% 10% $ 7.9-MILLION $I7.5-MILLION $27.I-MILLION Some members of City Council verbally concurred with the ten (10%) percent Fund Balance. Relative utilizing the 'year end balance to reduce the tax rate, David L. Hansen, Chief of Finance and Technology, advised $17-MILLON of this Fund Balance is in personal property collections, associated with individuals purchasing cars. Based on the tax rate, the City was actually $400,000 short in the projected 2006 Operating Budget. There is some discussion of whether there is even a legal ability to give back taxes outside of real estate. Is the funding enough to deal with a major emergency as Hurricane Katrina. Vice Mayor Jones advised a distinction needs to be made between real estate, which is a predictable income at least for one year, versus the dependability of variable income, such as personal property, meal taxes, etcetera. This type of variable income cannot be relied on to reduce real estate taxes. Mr. Hansen advised twenty-seven (27%) percent of the City's revenue base comes from real estate with twenty-nine (29%) percent comingfrom the State and the other from a multitude of taxation sources. Catheryn Whitesell, Director - Management Services, advised Schools receive funds from seven (7) of the most stable taxes: real estate, personal property, general sales, utility taxes, cell phone, BPOL. Personal Property is the largest overage from estimate and is tied back to the state's change re reimbursement to the City. Councilman DeSteph suggested the Shore Drive Corridor improvements be increased to $5-MILLION and determine from the staff the appproprite time frame of implementation. Councilman DeSteph requested this information also be provided on all the projects suggested as possible use of fund balance Councilman Wood preferred the residents design Shore Drive and believes it would be aggressive to expend all $3.5-MILLION this year. Phases II, III and IV would have to be designed as one project. Councilman Wood would be pleased if the design could move forward with the Interim Safety Improvements. December 5, 2006 - 15 - C IT Y MANA G E R 'S B R IE FIN G USE OF YEAR-END FUND BLANCE ITEM # 55855 (Continued) Council Lady Henley suggested not allocating all the Fund Balance today, but addressing $10-MILLION in funding, allocating other funding as more data becomes available. Council Lady Henley suggested $3.5-MILLION for Shore Drivel $3.6-MILLION for retiree health carel$320,000 - Constitution Drive Extended! $200,000 Town Center Pedestrian Bridge Design! $1.5-MILLION - Avalon Avenue/ $300,000 - Rural Roads! $500,000 - City Bikeways and Trails. Mr. Hansen advised, concerning GASB 45, (even if changes are made in the compensation by the Employee Benefits Task Force), the GASB 45 requirements will still be enacted and must be shown in retained earnings against the fund balance. This will affect the City's Bond Rating, movingforward with long term debt financing. Councilman DeSteph believes a second opinion is warranted. Fire Chief Gregory Cade advised relative the items concerning the Fire and Rescue Station Chesapeake Beach (site acquisition and design only) and the Fire and Rescue Station Blackwater - (design only). The longer the City waits, the more expensive these projects become. Once the land has been secured, the funding options are improved. The current staffing would remain at the Chesapeake Beach site. An architect is available and was included in the RFP for the First Landing, Thalia, Chesapeake Beach and Blackwater stations. The intent for the Blackwater Station has to relocate on the larger parcel of land and then refurbish the park (not purchasing any additional land). Council Lady McClanan inquired re encouraging developers to participate in the purchase of fire stations. Chief Cade advised the Thalia Fire Station has a potential for a public-private partnership. Mayor Oberndorf congratulated Chief Cade on his NOMINATION by President Bush as Administrator of the Us. Fire Administration, part of the Department of Homeland Security. This discussion will continue when all members of City Council are in attendance. December 5, 2006 - 16 - CITY COUNCIL LIAISON REPORTS ITEM # 55856 Mayor Oberndorf and Councilman Wood, Liaisons to the SANDLER CENTER FOR THE PERFORMING ARTS, distributed their report which is hereby made a part of the record. Present Status November 1,2004: Notice to Proceed was issued to Clancy and Theys Construction Company January 2005: Formed Capital CampaignlNon-Profit Foundation Steering Committee January 2005: Developed Campaign Plan, timeline, roles and responsibilities of members April 1, 2005: Issued RFP for Programming and/or Management June 2005: Non-Profit Foundation awarded tax exempt status by Internal Revenue Service Summer 2005: Demolition of Pavilion theatre December 5, 2005: City Council Briefing on final interior design and plaza design details February 21, 2006: Council Briefing on Management Company - Council continues negotiations with Global Spectrum. August 8, 2006: Council Briefing and Execution of Management Pre-Opening Services Contract November 2006: Paul Lasakow hired as General Manager of the Sandler Center November 2006 : Autumn Newsletter mailed to over 1,000 homes December 2006: Capital Campaign - Over 70% raised to date Ongoing: Solicitation of Prospects by Campaign Steering Committee and Honorary Advisory Committee Ongoing - The Advisory Committee work in facility usage and public awareness December 5, 2006 - 17 - CITY COUNCIL LIAISON REPORTS THE SANDLER CENTER FOR THE PERFORMING ARTS ITEM # 55856 (Continued) Construction Activity Highlights Most of the cast-in-place concrete is in place less the Rehearsal Hall and Upper level auditorium balcony. Installation of lobby curtain wall windows and administration areas in progress Permanent power energized Construction trailers relocated and lot cleared for Studio 56 construction to commence Drywall installation in progress Roof installation near completion Brick installation near completion Construction trailers moved on November 30, 2006, to accommodate construction of Studio 56 55% Construction complete Near-Future Actions Weekly Hard Hat Tours for potential donors: Mondays and Wednesday's at 4:00 P.M. Winter 2007: Management Post-Opening Services Contract Execution Spring 2007: Announce Grand Opening Events November r 2007 - Opening of new Center Unresolved Issues/Issues Under Study Construction schedule regarding Studio 56 Lofts Construction schedule of Westin Hotel and Condominiums and Parking Garage December 5, 2006 - 18 - AGE N DA REV IE W S E S ION 4:05 P.M. ITEM # 55857 J.3. Ordinances to AUTHORIZE the City Manager issue Franchise Agreements to Old Virginia Carriage Co., LLC, from November 15, 2006 to April 15, 2007, re: a. Guided horse tours on the sand beach between Rudee Inlet and 42nd Street b. Horse-drawn carriage rides on the Boardwalk This item had LOST TO A TIE VOTE (November 7, 2006) Council Lady Henley expressed concern. She understood the City Council Policy was to RECONSIDER within thirty (30) days, consider at that first meeting whether to the schedule a date to be advertised for RECONSIDERATION and then vote upon the application. The Legal staff advised only zoning issues are affected by this procedure (Section 107 - City Code Amendment) concerning RECONSIDERATION. Council Lady Henley had inadvertently informed constituents, the City Council would only be voting to RECONSIDER. This item will be discussed during the Formal Session. Councilman Uhrin requested this item be DEFERRED. Council Lady Henley requested the Policy be reviewed for amendment. Mike Eason, Resort Coordinator - Convention and Visitors Bureau, advised the Ordinance allows horses in the Resort Area either by Franchise or Special Event permit. The horses (horse and carriage) currently at the Resort are operating under a Special Event Permit in the evening as part of "Holiday Lights". The entire site has been curtained off with barriers. ITEM # 55858 BY CONSENSUS, thefollowingshall compose the CONSENT AGENDA: J. RESOLUTION/ORDINANCES 1. Resolution to AMEND the 2007 Community Legislative Package re proposed legislation concerning workforce housing. 2. Ordinance to AUTHORIZE the City Manager to execute a lease with Smith & Smith Venture, LLC, re operation of a coffee shop in the Central Library at 4100 Virginia Beach Boulevard; and, APPROPRIATE $9,000 to the Department of the Libraries FY 2006-2007 Operating Budget re acquisition of books and materials. December 5, 2006 - 19 - AGENDA RE VIE W SESION ITEM # 55858 (Continued) 4. Ordinances to AUTHORIZE the City Manager acquire Agricultural Land Preservation (ARP) Easements and issue contract obligations: a. $1,086,294 for property of Herbert A. Culpepper and Robert E. Steinhilber at15 76 Princess Anne Road. b. $179,701 for property of Craig L. and Bonnie P. Talley 3164 Head of River Road 5. Ordinance to AUTHORIZE temporary encroachments by JEAN J. OWENS into a portion of City Property known as Lake Bradford and the 100-foot border of land owned by the City around Lake Bradford re pier and timber bulkhead maintenance. 6. Ordinance to ACCEPT a vehicle donation to the Police Department's Detective Bureau from Progressive Insurance Company. 7. Ordinance to ACCEPT and APPROPRIATE $500,000 from the Federal Emergency Management Agency (FEMA) to the Fire Department's FY 2006-2007 Operating Budget re Hurricane Ernesto deployment. Council Lady McClanan will vote a VERBAL NAY on Item 4a./b. ARP Easements December 5,2006 - 20- AGENDA RE VIE W SESSION ITEM # 55859 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT Agenda: K. PLANNING 1. Application of KEMPSVILLE CHURCH OF CHRIST for a Modification of Conditional Use Permit re a church expansion and the location of their parsonage at 5424 Parliament Drive (approved by City Council on July 2, 2002). DISTRICT 2 - KEMPSVILLE 2. Application of the CITY OF VIRGINIA BEACH PUBLIC SCHOOLS for a Conditional Use Permit re replacement of the existing buildings with a new Secondary Alternative Education Academy Complex at 233 North Witchduck Road. DISTRICT 2 - KEMPSVILLE 3. Application of CARPENTER'S HOUSE MINISTRIES for a Conditional Use Permit re use of an existing building as a church at 980 Broad Meadows Boulevard. DISTRICT 4 - BAYSIDE 4. Application of HOLLAND ROAD BAPTIST CHURCH for a Conditional Use Permit for a church at 4881 Euclid Road. DISTRICT 2 - KEMPSVILLE 5. Application of ROBERTA MADDOXfor a Conditional Use Permit re an outdoor recreational facility (skateboard ramp) at 519 Delaware Avenue. DISTRICT 6 - BEACH 6. Application of P A YKAN, INC. for a Conditional Use Permit re existing motor vehicle sales facility expansion at 234 North Witchduck Road. (Conditional zoning approved by City Council February 27, 2000) DISTRICT 2 - KEMPSVILLE 7. Application of T-MOBILE NORTHEAST, L.L.C. for a Conditional Use Permit re a wireless communications monopole tower and antennas to accommodate three (3) wireless carriers) at 136 South Lynnhaven Road. DISTRICT 6 - BEACH December 5, 2006 - 21 - ITEM # 55860 Mayor Meyera 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) Council Appointments: Boards, Commissions, Committees, Authorities and Agencies PUBLICL Y-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 2.2-3711 (A)(3). Disposition of Property: Princess Anne District Beach District Agricultural Reserve Program: Princess Anne District LEGAL MATTERS: Consultation with legal counselor briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-3711 (A)(7). SPSA Mulch Site Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION (4:22 P.M.). Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson [In New York,family vacation) (Closed Session: 4:30 P.M. - 5:47 P.M.) (Break: 4:25 P.M. - 4:30 P.M.) (Dinner: 5:47 P.M. - 6:00 P.M.) December 5, 2006 - 22- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL December 5, 2006 6:00 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, December 5,2006, at 6:00 P.M. Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and James L. Wood Council Members Absent: Rosemary Wilson [In New York, family vacation) INVOCATION: Vice Mayor Louis R. Jones PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA December 5, 2006 - 23 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 55861 Upon motion by Councilman Dyer, seconded by Councilman DeSteph, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, and James 1. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson December 5, 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 # 55860, Page 21, and in accordance with 1he provisions of The Virginia Freedom of Information A~ and, WHEREAS: Section 22-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOff, THEREFORE, BE IT RESOL VEl>. 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. uth Hodges Smith, MMC City Clerk December 5, 2006 - 24- Item V-F.1. MINUTES ITEM #55862 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of November 28, 2006. Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and James 1. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson December 5, 2006 - 25 - Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM #55863 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION December 5, 2006 - 26- Item V-H.1. PUBLIC HEARING ITEM #55864 Mayor Oberndorf DECLARED A PUBLIC HEARING: INSTALLMENT PURCHASE AGREEMENTS for acquisition of Agricultural Land Preservation (ARP) Easements: a. 1576 Princess Anne Road b. 3164 Head of River Road There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING: December 5, 2006 - 27- Item V-H. 2. PUBLIC HEARING ITEM #55865 Mayor Oberndorf DECLARED A PUBLIC HEARING: LEASE OF CITY PROPERTY a. Smith & Smith Venture, LLe at 4100 Virginia Beach Boulevard There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING: December 5, 2006 - 28 - Item V-H.3. PRESENTATIONS ITEM #55866 Mayor Oberndorf introduced Jody Shiflett, SUN WHEELERS WHEELCHAIR BASKETBALL TEAM MEMBER. Sun Wheelers Sports, AKA Sun Wheelers, Inc. is a non-profit organization of mobility- impaired athletes and their supporters who are dedicated to raising awareness of wheelchair athletics and the resources that sponsor their adaptive sports programs. Mr. Shiflett advised for thirty (30) years the City of Virginia Beach, through their Parks and Recreation services, has provided Wheelchair Basketball opportunities to their residents. Mr. Shiflett presented City Council a ceramic basketball (signed by all those who participated in the last twenty-nine (29) wheelchair basketball tournaments). The thirty (30) years have been commemorated with a T-Shirt inscribed with all the names of the participants, one of which was presented to each Member of City Council. Next year, Mr. Shiflett has approximately thirty (30) more names to add to these T-shirts. Joe Wheeler, expressed appreciation to City Council, and advised he has been playing Basketball for twenty-two (22) years. The Virginia Beach Mayor's Tournament is the longest Wheelchair Tournament in the National Association. The Members are requesting funding for the continuation of the longest successful Invitational Tournament of the National Wheelchair Basketball Association. December 5, 2006 - 29- Item V-H.4. PRESENTATIONS ITEM #55867 Mayor Oberndorf advised, through the suggestion of Councilman Villanueva, Shelia Walker, Executive Director - United States Field Hockey Team, is in attendance to introduce the Head Coach - Lee Botimeade, to City Council. The United States Field Hockey Team wishes to express appreciation. Sheila Walker advised the United States Field Hockey Team is empowered by the United States Olympic Committee and ultimately by the United States Congress to develop, prepare and select players to represent the United States in the Olympic games. Ms. Walker thanked City Council for their generosity in providing the United State Field Hockey Training Center at Princess Anne Commons. The Team is preparing for tournaments in Beijing - 2008 and London - 2012. Ms. Walker presented a photograph of the Team at the Madrid, Spain, World Cup Tournament. The Team was twelfth; however, they placed sixth, an accomplished effort. A "pin set" was brought back from Beijing and presented to the Mayor, as well as inscribed water bottles for each Member of City Council. Head Coach Lee Botimeade advised the Team finished Fifth in the Virginia Beach Champions Challenge last year in July consisting of teams ranked seventh through twelfth in the World. This year, Virginia Beach had the opportunity to host the tournament of the top three (3) teams in the World: Australia, Holland and Argentina. The United States Field Hockey Team was able to defeat Argentina for the first time in twenty (20) years. Mr. Botimeade presented the Mayor with a track suit jacket, making her an Honorary Member of the United States Team. December 5, 2006 - 30 - Item v'J. ORDINANCESIRESOLUTION ITEM #55868 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED IN ONE MOTION Resolution/Ordinances 1,2, 4a/b., 5,6 and 7 of the CONSENT AGENDA Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson Council Lady McClanan voted a VERBAL NAY on Item J.4a1b/ (ARP Easements) December 5, 2006 - 31 - Item v'J.l. RESOLUTION/ORDINANCES ITEM #55869 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Resolution to AMEND the 2007 Community Legislative Package re proposed legislation concerning workforce housing. Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson December 5, 2006 1 2 3 4 5 6 7 A RESOLUTION AMENDING THE 2007 COMMUNITY LEGISLATIVE AGENDA PERTAINING TO PROPOSED LEGISLATION CONCERNING WORKFORCE HOUSING WHEREAS, on September 12, 2006, the City Council adopted 8 its 2007 Community Legislative Agenda and requested that members 9 of the City's local Delegation to the General Assembly sponsor 10 and/or support legislation therein; and 11 WHEREAS, as Item 9 of the Community Legislative Agenda, the 12 City Council requested that the General Assembly amend Section 13 15.2-2204 of the Virginia Code, catchlined "Affordable dwelling 14 unit ordinances in certain localities," so as to add Virginia 15 Beach to the localities included within the statute; and 16 WHEREAS, it has become apparent that, because key housing 17 industry stakeholders have indicated that they would not support 18 such legislation, but would support a narrower, more focused set 19 of Virginia Code amendments, it is unlikely that Item 9 of the 20 City's Community Legislative Agenda would be enacted by the 21 General Assembly; and 22 WHEREAS, the City would benefit from the enactment of new 23 legislation that would allow the City Council a higher degree of 24 flexibility in implementing any workforce housing program it may 25 wish to adopt; and 26 WHEREAS, the Planning Commission's Workforce Housing 27 Committee has asked that the City Council request the General 28 Assembly to amend Section 15.2-2205 of the Virginia Code, 29 catchlined "Affordable dwelling unit ordinances," so as to 30 include the provisions set forth hereinbelow; 31 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 That the City Council hereby amends its 2006 Community 34 Legislative Agenda by the deletion of Item #9 therein and the 35 substitution of proposed amendments to Section 15.2-2305 of the 36 Virginia Code that would, in addition to the existing provisions 37 of such section, authorize the City to adopt amendments to the 38 City Zoning Ordinance so as to allow, but not require: 39 40 41 42 43 44 45 46 47 48 49 50 1. An increase of up to thirty (30) percent in the total number of dwelling units that may be developed on each site subject to the ordinance and requiring that, as a condition of such density increase, a minimum of 2 . seventeen (17) percent of the total number of units be affordable dwelling units; Residential buildings of four (4) or more stories with elevators to be eligible for the aforesaid density bonus; and 3. Residential developments of fewer than fifty (50 ) dwelling units to be eligible for the aforesaid density bonus. 51 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 52 VIRGINIA BEACH, VIRGINIA: 53 That the City Clerk lS hereby directed to transmit a copy 54 of this Resolution to each member of the City's Delegation to 55 the General Assembly. 56 57 Adopted by the City Council of the City of Virginia Beach, 58 Virginia, this 5th day of Dpr.pmhpr , 2006. 59 APPROVED TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: MUJ~!1 HwJ City Attorney's Office CA-10222 Land Use\ordres\workforce housing leg pkg ordin.doc November 30, 2006 R-2 - 32 - Item v'J.2. RESOLUTION/ORDINANCE ITEM #55870 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Ordinance to A UTHORIZE the City Manager to execute a lease with Smith & Smith Venture, LLC, re operation of a coffee shop in the Central Library at 4100 Virginia Beach Boulevard; and, APPROPRIATE $9,000 to the Department of the Libraries FY 2006-2007 Operating Budget re acquisition of books and materials. Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson December 5, 2006 1 2 3 4 5 6 7 8 9 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE FOR FIVE YEARS WITH SMITH & SMITH VENTURE, LLC. FOR OPERATION OF A COFFEE SHOP AT THE CENTRAL LIBRARY AND APPROPRIATE $9,000 FOR THE ACQUISITION OF BOOKS AND MATERIALS \ WHEREAS, the City of Virginia Beach (the nCity") would like 10 to enter into a formal lease arrangement with Smith & Smith 11 Venture, LLC (nTenant") for the purposes of establishing a 12 coffee shop (the nFacility") inside the Central Library; and 13 WHEREAS, Tenant agrees to pay the City 10% of gross monthly 14 sales in the first year for rent. Thereafter, the rent will 15 escalate 3% annually throughout the term of the lease and any 16 renewal thereof. 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA: 19 1. That the attached lease for the term of five years 20 between Tenant and the City regarding a coffee shop at the 21 Central Library is hereby approved; and 22 2 . That the City Manager is hereby authorized and 23 directed to execute the lease on behalf of the City of Virginia 24 Beach; and 25 3. That $9,000 in estimated revenue from the operation of 26 a coffee shop in the Central Library is hereby appropriated to 27 the Department of Libraries FY 2006-07 Operating Budget for the 28 acquisition books and materials; and 29 4. That $ 9,000 from local revenue sources is increased 30 accordingly. 31 Adopted by the Council of the City of Virginia Beach, 32 Virginia on the 5th Decembet , 2006. day of APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ij~Q l ~'1f t;J), lk.. City Attorney's Office Management Services CA10215 V:\applications\citylawprod\cycom32\Wpdocs\D014\P001\O0023445.DOC R-3 November 20, 2006 SUMMARY OF TERMS LEASE FOR THE USE OF 593 SQUARE FEET IN FLOOR AREA LOCATED WITHIN THE VIRGINIA BEACH CENTRAL LIBRARY, 4100 VIRGINIA BEACH BLVD., VIRGINIA BEACH, IN ORDER TO OPERATE A COFFEE SHOP ENTITLED "DAILY GRIND @ BOOKMARK CAFE" LESSOR: City of Virginia Beach LESSEE: Smith & Smith Venture, LLC, a Virginia limited liability company. PREMISES: 593 square feet in floor area located within the Virginia Beach Central Library, 4100 Virginia Beach Blvd., Virginia Beach, Virginia. TERM: January 1, 2007 through December 31, 2011. RENT: 10% of the gross sales with a maximum of $1,500 monthly for the first year. Cap on maximum rent shall escalate 3% annually during the initial term as well as option renewal period, if any. HOURS OF OPERATION: . Coffee shop shall provide service to Central Library meeting room customers and staff between 8:00 a.m. and 10:00 a.m. Monday through Saturday. Shall be open for business to general public between 10:00 a.m. and 8:30 p.m. Monday through Thursday; between 10:00 a.m. and 4:30 p.m. on Fridays and Saturdays; and between 1 :00 p.m. and 4:30 p.m. on Sundays during the months of September through May. Additional hours, specifically 5:00 p.m.-9:30 p.m. on Friday, Saturday or Sunday evenings, if needed. Central Librarian to be given 2 week notice if shop is to be closed for repairs during normal operating hours. . . . RIGHTS AND RESPONSffiILITIES OF SMITH & SMITH: . Will use the Premises for coffee shop and for no other purpose. . Will not make or cause or allow to be made, any alterations, additions or improvements to the premises without the prior written consent of Central Librarian or City's Facilities Management Office. . Will maintain comprehensive 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. Lessee 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. V :\applications\citylawprod\cycom32\Wpdocs\D020\POO I \0002369 3. DOC - 33 - Item V, J. 3. RESOLUTION/ORDINANCES ITEM #55871 The following registered in SUPPORT: Beverly Sizemore, 716 Centerville Turnpike, North, Chesapeake, Phone: 479-1251, employee- Kempsville Veterinary Hospital, Member - Southeastern Association of Trail Riders and owner and border of horses for over twenty (20) years. Jan Miller, 921 Beaver Dam Road, Chesapeake, Phone: 348-5899, President - Tidewater Horse Council, raised, trained and given lessons on horses for more than thirty-five (35) years. Nancy Lindsey, 236 Benson Lane, Phone: 717-3290 - General Manager - Old Dominion Carriage Company, Member of Carriage Operators of North America, Tidewater Horse Council, and 4-H Red Baron Riders. Ms. Lindsey is also a volunteer and Rehabilitator with Wildlife Response and Portsmouth Humane Shelter. Old Dominion Carriage Company had a successful pilot program this Ssummer. Debbie Hanson, 1104 Holmes Trail, Phone; 548-2692, horse owner for the last twelve (12) years, addressed the issue of horse care in Virginia Beach, which is one of the prime horse areas in Virginia. Sylvia Estes, 1628 Mill Landing Road, Phone: 721-2099, Owner of Horse Farm - Cyrus Creek Stables Kim Vaughan, Post Office Box 7116, Phone: 536-7888, Trainer! Show Horses. Susan Pyatt, 1209 Land of Promise Road, Phone: 421-2348, Chesapeake current President- Southeastern Association of Trail Riders, Past President - Tidewater Horse Council, member - Atlantic Saddle Club, American and World Association of Quarter Horses, as well as National Ranch Horse Association. Nancy Perry, Executive Director - Virginia Beach Hotel/Motel Association, Phone: 428-8015 Gene Hansen, 2313 Sandfiddler Road, Phone: 721-6736, President of Virginia Horse Council (umbrella organization for all horse owner organizations in the Commonwealth of Virginia) , owner of Horse farm in Pungo, Member of the Virginia Horse Industry Board, former Chair of the Legislative Trail Ride and President - Back Bay/Pungo Civic League. The largest single agricultural aspect in Virginia Beach is the horse industry. There are 3,000 horses in Virginia Beach. The following registered in OPPOSITION: Jackie Vergeriio, 501 Front Street, Norfolk, Phone: 962-8285, Animal and Entertainment specialist - PETA (Peoplefor the Ethical Treatment of Animals) Victoria Carey, 4980 Cypress Point Circle, Phone: 270-4508 Carrie Edwards, 1503 Roydle Terrace, (904) 699-7097, resident of Norfolk, cared for and owned horses for twenty (20) years. Bob Chorush, PETA, 4717 Larkin Street, Norfolk, Phone: 753-1111 expressed concern relative the new proposals and verification of employees Jayne San tell-Fearn, 4406 East Honeygrove Court, Phone: 226-8695 Laura Yanne, 2225 B Beech Street, Phone: (781) 771-2405 Debra Edwards, Phone: 463-9131 December 5, 2006 - 34- Item v'J.3. RESOLUTION/ORDINANCES ITEM #55871 (Continued) Upon motion by Councilman Uhrin, seconded by Councilman Wood, City Council DEFERRED until the City Council Session of December 12, 2006: Ordinances to A UTHORlZE the City Manager issue Franchise Agreements to Old Virginia Carriage Co., LLC, from November 15, 2006 to April 15, 2007, re: a. Guided horse tours on the sand beach between Rudee Inlet and 42nd Street b. Horse-drawn carriage rides on the Boardwalk Voting: 9-0 Council Members Voting Aye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel and Rosemary Wilson December 5, 2006 - 35 - Item V.J.4.aIb RESOLUTION/ORDINANCES ITEM #55872 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Ordinances to AUTHORIZE the City Manager to acquire Agricultural Land Preservation (ARP) Easements and issue contract obligations: a. $1,086,294 for property of Herbert A. Culpepper and Robert E. Steinhilber at1576 Princess Anne Road. b. $179, 701 for property of Craig L. and Bonnie P. Talley 3164 Head of River Road Voting: 9-1 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and James 1. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: Rosemary Wilson December 5, 2006 1 2 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 3 AGRICULTURAL LAND PRESERVATION EASEMENT AND 4 THE ISSUANCE BY THE CITY OF ITS CONTRACT 5 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 6 $1,086,294. 7 8 9 WHEREAS, pursuant to the Agricultural Lands Preservation 10 Ordinance (the "Ordinance"), Appendix J of the Code of the City of 11 Virginia Beach, there has been presented to the City Council a 12 request for approval of an Installment Purchase Agreement (the form 13 and standard provisions of which have been previously approved by 14 the City Council, a summary of the material terms of which is 15 hereto attached, and a true copy of which is on file in the City 16 Attorney's Office) for the acquisition of the Development Rights 17 (as defined in the Installment Purchase Agreement) on certain 18 property located in the City and more fully described in Exhibit B 19 of the Installment Purchase Agreement for a purchase price of 20 $1,086,294; and 21 WHEREAS, the aforesaid Development Rights shall be acquired 22 through the acquisition of a perpetual agricultural land 23 preservation easement, as defined in, and in compliance with, the 24 requirements of the Ordinance; and 25 WHEREAS, the City Council has reviewed the proposed terms and 26 conditions of the purchase as evidenced by the Installment Purchase 27 Agreement; 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 1. The City Council hereby determines and finds that the 31 proposed terms and conditions of the purchase of the Development 32 Rights pursuant to the Installment Purchase Agreement, including 33 the purchase price and manner of payment, are fair and reasonable 34 and in furtherance of the purposes of the Ordinance, and the City 35 Manager or his designee is hereby authorized to approve, upon or 36 before the execution and delivery of the Installment Purchase 37 Agreement, the rate of interest to accrue on the unpaid principal 38 balance of the purchase price set forth hereinabove as the greater 39 of 3.756% per annum or the per annum rate which is equal to the 40 yield on United States Treasury STRIPS purchased by the City to 41 fund such unpaid principal balance; provided, however, that such 42 rate of interest shall not exceed 5.756% unless the approval of the 43 City Council by resolution duly adopted is first obtained. 44 2. The City Council hereby further determines that funding 45 is available for the acquisition of the Development Rights pursuant 46 to the Installment Purchase Agreement on the terms and conditions 47 set forth therein. 48 3. The City Council hereby expressly approves the 2 49 Installment Purchase Agreement and, subject to the determination of 50 the City Attorney that there are no defects in title to the 51 property or other restrictions or encumbrances thereon which may, 52 in the opinion of the City Attorney, adversely affect the City's 53 interests, authorizes the City Manager or his designee to execute 54 and deliver the Installment Purchase Agreement in substantially the 55 same form and substance as approved hereby with such minor 56 modifications, insertions, completions or omissions which do not 57 materially alter the purchase price or manner of payment, as the 58 City Manager or his designee shall approve. The City Council 59 further directs the City Clerk to affix the seal of the City to, 60 and attest same on, the Installment Purchase Agreement. The City 61 Council expressly authorizes the incurrence of the indebtedness 62 represented by the issuance and delivery of the Installment 63 Purchase Agreement. 64 4. The City Council hereby elects to issue the indebtedness 65 under the Charter of the City rather than pursuant to the Public 66 Finance Act of 1991 and hereby constitutes the indebtedness a 67 contractual obligation bearing the full faith and credit of the 68 City. 69 70 Adoption requires an affirmative vote of a majority of all 71 members of the Ci ty Council. 72 3 73 Adopted by the Council of the City of Virginia Beach, 74 Virginia, on this 5th day of December , 2006. CA-10156 V:lapplications\citylawprod\cycom32\Wpdocs\D003\P00 1 \00023045 .DOC R-l DATE:November 3, 2006 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~.~-_.- Wu0q,w~ City Attorney's Office ent CERTIFIED AS TO AVAILABILITY OF FUNDS: 9JM&0- O~ Director of Finance 4 AGRICUL TURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2006-75 SUMMARY OF MATERIAL TERMS SELLER: Culpepper, Herbert A. and Steinhilber, Robert E. PROPERTY LOCATION: 1576 Princess Anne Road, Princess Anne District PURCHASE PRICE: $1,086,294. EASEMENT AREA: 71.94 acres, more or less DEVELOPMENT POTENTIAL: 9 single-family dwelling sites (9 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 3.756% (actual rate to be determined when STRIPS are purchased prior to execution ofIP A). Rate may not exceed 5.756% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IP A date RESTRICTIONS ON TRANSFER: IP A ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery ofIP A. o ~ N ~ I ~ o I N ~ ~ N =;t: c "0. (9 "'C CO o 0:: Q) c c <( en en Q) u c "C a.. I L- Q) ..c - "- ..c c "03 +-' en ~ L- Q) c- o. Q) a. - :J () z~ 66g~ ' OOfh mJ i3rwtI SSi30tvllJd " o o 0_ ~ co C") 10_ 10 W ...J <( t) en o o LO 1 2 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 3 AGRICULTURAL LAND PRESERVATION EASEMENT AND 4 THE ISSUANCE BY THE CITY OF ITS CONTRACT 5 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 6 $179,701. 7 8 9 WHEREAS, pursuant to the Agricultural Lands Preservation 10 Ordinance (the "Ordinance"), Appendix J of the Code of the City of 11 Virginia Beach, there has been presented to the City Council a 12 request for approval of an Installment Purchase Agreement (the form 13 and standard provisions of which have been previously approved by 14 the City Council, a summary of the material terms of which is 15 hereto attached, and a true copy of which is on file in the City 16 Attorney's Office) for the acquisition of the Development Rights 17 (as defined in the Installment Purchase Agreement) on certain 18 property located in the City and more fully described in Exhibit B 19 of the Installment Purchase Agreement for a purchase price of 20 $179, 701; and 21 WHEREAS, the aforesaid Development Rights shall be acquired 22 through the acquisition of a perpetual agricultural land 23 preservation easement, as defined in, and in compliance with, the 24 requirements of the Ordinance; and 25 WHEREAS, the City Council has reviewed the proposed terms and 26 conditions of the purchase as evidenced by the Installment Purchase 27 Agreement; 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 1. The City Council hereby determines and finds that the 31 proposed terms and conditions of the purchase of the Development 32 Rights pursuant to the Installment Purchase Agreement, including 33 the purchase price and manner of payment, are fair and reasonable 34 and in furtherance of the purposes of the Ordinance, and the City 35 Manager or his designee is hereby authorized to approve, upon or 36 before the execution and delivery of the Installment Purchase 37 Agreement, the rate of interest to accrue on the unpaid principal 38 balance of the purchase price set forth hereinabove as the greater 39 of 3.853% per annum or the per annum rate which is equal to the 40 yield on United States Treasury STRIPS purchased by the City to 41 fund such unpaid principal balance; provided, however, that such 42 rate of interest shall not exceed 5.853% unless the approval of the 43 City Council by resolution duly adopted is first obtained. 44 2. The City Council hereby further determines that funding 45 is available for the acquisition of the Development Rights pursuant 46 to the Installment Purchase Agreement on the terms and conditions 47 set forth therein. 48 3. The City Council hereby expressly approves the 2 49 Installment Purchase Agreement and, subject to the determination of 50 the City Attorney that there are no defects in title to the 51 property or other restrictions or encumbrances thereon which may, 52 in the opinion of the City Attorney, adversely affect the City's 53 interests, authorizes the City Manager or his designee to execute 54 and deliver the Installment Purchase Agreement in substantially the 55 same form and substance as approved hereby with such minor 56 modifications, insertions, completions or omissions which do not 57 materially alter the purchase price or manner of payment, as the 58 Ci ty Manager or his designee shall approve. The City Council 59 further directs the City Clerk to affix the seal of the City to, 60 and attest same on, the Installment Purchase Agreement. The City 61 Council expressly authorizes the incurrence of the indebtedness 62 represented by the issuance and delivery of the Installment 63 Purchase Agreement. 64 4. The City Council hereby elects to issue the indebtedness 65 under the Charter of the City rather than pursuant to the Public 66 Finance Act of 1991 and hereby constitutes the indebtedness a 67 contractual obligation bearing the full faith and credit of the 68 City. 69 70 Adoption requires an affirmative vote of a majority of all 71 members of the city Council. 72 3 73 Adopted by the Council of the City of Virginia Beach, 74 Virginia, on this 5th day of December , 2006. CA-10155 V :lapplications\citylawprod\cycorn32\Wpdocs\D003\P00 1 \00023045 .DOC R-l DATE:November 3, 2006 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: } ~~~v~kv City Attorney's Office CERTIFIED AS TO AVAILABILITY OF FUNDS: ~~Yi~l4(f- 4 AGRICUL TURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2006-76 SUMMARY OF MATERIAL TERMS SELLER: TALLEY, Craig and Bonnie PROPERTY LOCATION: 3164 Head of River Road, Princess Anne District PURCHASE PRICE: $179,701 EASEMENT AREA: 25.31 acres, more or less DEVELOPMENT POTENTIAL: 2 single-family dwelling sites (2 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 3.853% (actual rate to be determined when STRIPS are purchased prior to execution ofIP A). Rate may not exceed 5.853% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IP A date RESTRICTIONS ON TRANSFER: IP A ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of IP A. ,--- -- I I I J\':)~\'6- ).~\~~ ~~o~ Z--+ ~ ~ ~ ~ (D ~ ~ ~ o ~ (D N:4 Vl~ . ~I ~~ ~ (D ('J ~ d ~ 00 0 HJ ~ ~. -< (D ~ ~ o ~ ~ - 36 - Item V.J.5. RESOLUTION/ORDINANCES ITEM #55873 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, , City Council ADOPTED: Ordinance to AUTHORIZE temporary encroachments by JEAN J. OWENS into a portion of City Property known as Lake Bradford and the 1 DO-foot border of land owned by the City around Lake Bradford re pier and timber bulkhead maintenance. The following conditions shall be required: 1. The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval; providing however, nothing herein shall prohibit the City from immediately removing, or ordering the applicant to remove, all or any part of the temporary encroachment from the encroachment area in the event of an emergency or public necessity. 2. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 3. The applicant shall indemnifY and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney'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. 4. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 6. The applicant must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction. 7. The applicant shall obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant must also carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500.000), combined single limits of such insurance policy or policies. The applicant must provide endorsements providing at least thirty (30) days' written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. December 5, 2006 - 37 - Item v'J.5. RESOLUTION/ORDINANCES ITEM #55873 (Continued) 8. The applicant shall submit for review and approval a survey of the area being encroached upon, certified by a registered professional engineer or a licensed land surveyor and/or "as built" plans of the temporary encroachment, sealed by a registered professional engineer, if required by the City Engineer's Office or the Engineering Division of the Public Utilities Department. 9. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant for the use of such portion of the City's right-of way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson December 5, 2006 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY PROPERTY 6 KNOWN AS LAKE BRADFORD AND A 7 PORTION OF THE 100' BORDER OF 8 LAND OWNED BY THE CITY AROUND 9 LAKE BRADFORD, BY PROPERTY 10 OWNER JEAN J. OWENS 11 12 WHEREAS, Jean J. Owens desires to construct and maintain a 13 pier and timber bulkhead in a portion of the City's property 14 known as Lake Bradford and a portion of the 100' border of land 15 owned by the City around Lake Bradford, located at the rear of 16 4905 Athens Boulevard. 17 WHEREAS, City Council is authorized pursuant to ~~ 15.2- 18 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 19 authorize temporary encroachments upon the City's property 20 subject to such terms and conditions as Council may prescribe. 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 That pursuant to the authority and to the extent thereof 24 contained in ~~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, 25 as amended, Jean J. Owens, her heirs, assigns and successors in 26 title are authorized to construct and maintain temporary 27 encroachments for a pier and timber bulkhead in a portion of the 28 City's property known as Lake Bradford and a portion of the 29 100'border of land owned by the City around Lake Bradford, as 30 shown on the map labeled Exhibit "An and marked: "BULKHEAD 31 AND PIER FOR: JEAN OWENS AT: 4905 ATHENS BLVD VIRGINIA BEACH, VA 32 23455," a copy of which is on file in the Department of Public 33 Works and to which reference is made for a more particular 34 description; and 35 BE IT FURTHER ORDAINED, that the temporary encroachments 36 are expressly subj ect to those terms, conditions and criteria 37 contained in the Agreement between the City of Virginia Beach 38 and Jean J. Owens (the ~Agreement"), which is attached hereto 39 and incorporated by reference; and 40 BE IT FURTHER ORDAINED, that the City Manager or his 41 authorized designee lS hereby authorized to execute the 42 Agreement; and 43 BE IT FURTHER ORDAINED that this Ordinance shall not be in 44 effect until such time as Jean J. Owens and the City Manager or 45 his authorized designee execute the Agreement. 46 Adopted by the Council of the City of Virginia Beach, 47 Virginia, on the 5th day of December 2006. CA-10120 X:\OID\REAL ESTATE\Encroachments\PW Ordinances\CA10120 Owens.doc v:\applications\citylawprod\cycom32\WpdoCS\D006\P001\OO021511.DOC R-1 PREPARED: 11/15/06 ~$c.~M- S NATURE TO LEGAL UUFORM NEY APPROVED AS TO CONTENTS PlO R~ f~t PUBLIC WORKS, REAL ESTATE 2 PREP ARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(e) (4) THIS AGREEMENT, made this 29 day of September, 2006, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JEAN J. OWENS, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Parcel A, 11,628 square feet, Bayside Borough, as shown on that certain plat entitled: "SUBDIVISION OF PROPERTY C.W. LANE PARCEL, AS SHOWN ON BOUNDARY LINE AGREEMENT PLAT BETWEEN C.W. LANE AND STEPHEN P. BARTLETT CHESAPEAKE PARK BA YSIDE BOROUGH VIRGINIA BEACH, VIRGINIA SCALE 1" = 30'," dated February 1,1992, said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 221, at page 73, and being further designated, known, and described as 4905 Athens Boulevard, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to construct and maintain a pier and timber bulkhead, collectively the "Temporary Encroachment", in the City of Virginia Beach; GPINS: Lake Bradford-City Property-No GPIN 100' Border Around Lake Bradford-City Property-No GPIN 1570-41-4185 WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Lake Bradford and a portion of the 100' border of land owned by the City around Lake Bradford, located at the rear of 4905 Athens Boulevard, Virginia Beach, Virginia, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "BULKHEAD AND PIER FOR: JEAN OWENS AT: 4905 ATHENS BLVD VIRGINIA BEACH, VA 23455," a copy of which is attached hereto as Exhibit "A," DATE: 01/07/06 REVISION 05/31/06, and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days 2 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. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out ofthe construction, location, or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee 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 Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division ofthe Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is 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, JEAN J. OWENS, the said Grantee, has caused this Agreement to be executed by her signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Managerl Authorized Designee of the City Manager 4 (SEAL) ATTEST: City Clerk 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 SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: 5 STATE OF, 0 j CITYICOUNTY OF 'Jd,fl oft.j, ~ \DE'ct:" , to-wit: v The foregoing instrument was acknowledged before me this / i day of 1'\ DCJz;,A €/ ,2006, by Jean J. Owens. R . '~I -/ / / /1 \' "o(~ v. /' (c-L.~'7 - Notary Public My Commission Expires: 3/ i7l/! 7 2.[)o)? APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM %P1~~JLt~ r" C. ~,s:ev... SIG TURE JIV K6"aJ E ~t DEPARTMENT G:\USERS\SHARED\ WP80\RE\Real Estate Forms\ WORD DOCS\ENCROACHMENTS\ENCROACHMENT.AGREEMENT.doc 6 ELISE WILLIS EUGENE SUTTON LOT 2 Ol ~ U .... PURPOSE: EROSION CONTROL ACCESS DATUM: OWL = 0.00' A.P.O.'S SEC M: WILLIAM WALKER LOT 1: ORlAN RIELEY LOT 2: WILLlS/SUnON EXHIBIT "An ORlAN RIELEY LOT 1 N\ SCALE: 1" = 30' LAKE BRADFORD VIRGINIA BEACH CITY PROPERTY DGE OF WATER ROPOSED TIMBER BULKHEAD (35') u .... to O' 20' 40' ~- I 1ft. VIRGINIA BEACH CITY PROPERTY PARCEL A JEAN OWEN S 31.89' / PROPERTY LINE 17.40' '" '" en Ol o 0_ SEC M LOT 1 2 3 WILLIAM WALKER <I '<1 l3etH.J((;,if- ;.!-v-e ,*--.-..-. I~~C<' 75.83' "" "" ", , DR1,;::'.vAY {\lA.TER:;'.L STA,GING & CONSTRl:C nON ACCESS} ATHENS 8L\'D MECHANICAL ENGINEER ING SERVICES 1297 BRADDOCK AVENUE VIRGINIA BEACH, VA 23455 PH: (757) 477 -4787 BULKHEAD AND PIER FOR: JEAN OWENS AT: 4905 ATHENS BLVD VIRGINIA BEACH, VA 23455 SHEET 1 OF 4 DATE: JAN 7, 2006 REVISION 1 MAY 31, 2006 /" mE, """" I /.--< ~ I- 11.6' ,.-, f ~ I- 6.0 1 ~I- ------ - PIER DETAILS SCALE: 1" = 6' CROSS-TIE ATTACHED TO PILE (WITH 5/8" THRU. LAG BOLT / h j2X8 WALER. TYP o / 20.0' / ,.-, . ~ I 2.0' MAX I ~ \ ,.-, ~" WALER ATTACHED TO PILE WITH 300 NAILS , 2.0' I~ WALER ATTACHED TO CROSS-TIE WITH 200 NAILS ~ .~ 6.3' ~ TYPICAL 2X8 LEDGER BOARD ATTACHED TO BULKHEAD WALER WITH JOD NAILS PURPOSE: EROSION CONTROL / ACCESS DATUM: MLW = 0.00' A.P.O.'S SEe M: WilLIAM WALKER LOT 1: ORlAN RIELEY LOT 2: WilLIS/SUlTON MECHANICAL ENGINEERING SERVICES 1297 BRADDOCK AVENUE VIRGINIA BEACH, VA 23455 PH: (757) 4-77-4-787 /J" ~VERHANG / ~I 1/2X MAX 8 CROSS-TIE, 1YP ~ 2X6 DECK BOARD CONTINUOUS) ATTACHED WrTH 200 NAILS vV' q~ eo" OC 'U""CA' j BULKHEAD AND PIER FOR: JEAN OWENS AT: 4905 ATHENS BLVD VIRGINIA BEACH, VA 23455 SHEET 2 OF 4 DATE: JAN 7, 2006 BULKHEAD DETAILS SCALE: 1" 6' ATTACH INSIDE WAlER TO SHEET PilES WITH 200 NAilS ATTACH SHEET PilES TO ourSIDE WAlER WITH 200 NAilS ALTERNATE FRONr AND REAR WAlERS BREAKS 2X8 CROWN BOARD Nor SHOWN FOR CLARITY NOTCHEO WALER SPLICE .~': ,y -1 2.5' \-- ') ~', ! ., V TOP FRONT MUO LINE I """" w~m me" (~eJ ATTACH CROWN BOARD ro -. LAG SOlf WITH 3' WAlERS WITH 20 D NAilS ON 4--6' CENTER --L . . . . . . 2' J t //// / / / /I/VVVV V V V V V V // II . lEAD PilE RUN \ \ 7Sj< MINIMUM WITH MALE EDGE '.. - SHEEr PILING 2 X 10 TIMBER T&G SHEEr PI , WASHERS S ~~LTH OJ;> ~~ p/: a .~ ~ f) i~..,-! Q ~ j'jt.'J,~~7/ I{-e?t~:~ ~ 8 DAVID KLEDZIK ;: No. 034674 '\ },/2-sJ ob &9 ~"- ~~.,. ~'~ I0Y '-J8IONAL ~ PENErRArlON lE PURPOSE: EROSION CONTROL / ACCESS DATUM: MLW = 0_00' A.P.O.'S SEC M: WILLIAM WALKER LOT 1: ORlAN RIELEY LOT 2: WILLIS/SUTTON MECHANICAL ENGINEERING SERVICES 1297 BRADDOCK AVENUE VIRGINIA BEACH, VA 23455 PH: (757) 477-4787 BULKHEAD AND PIER FOR: JEAN OWENS AT: 4905 ATHENS BLVD VIRGINIA BEACH, VA 23455 SHEET 3 OF 4 DATE: JAN 7, 2006 SECTION BULKHEAD A & A PIER SCALE: I" = S' SHEET PILE 75% PENETRATION MINIMUM BELOW MUD LINE PROPOSED PIER \ 5' - PILE 1.5' - DECK CONSTRUCTION MATERIALS: PIER PILES 50% PENETRATION MINIMUM BELOW MUD LINE PIER: 8" PILING, Z.5 PCF SALT CCA TREATMENT ZOO X 8" NO.2 CROSS TIE, 2.5 PCF SALT CCA TREATMENT Zoo X 8" NO.2 WALER. Z.5 PCF SALT CCA TREATMENT Z" X 6" DECKING. 0.25 PCF SA.LT ACQ TREATMENT BULKHEAD: Z" X 8" NO.2 WALER, 2.5 PCF SALT CCA TREATMENT 4" X 6" NO.2 WALER. 2.5 PCF SALT CCA TREATMENT 2" X 10" T&G SHEETPILE. 2.5 PCF SALT CCA TREATMENT FILTER CLOTH ~~l,TH Op :i;- ~ ~ () L'~".1J \\; '1 r."._ 4/' )',,' "'t ..' '" .. ....... ~ iJ i/,..{J'~/ Xt{:~l. / 'Z. 8 DAVID KLEDZ(K s;: No. 034674 '1,~ "-/2 ,/0.(, .,j:~ ~!"~~~ yT'li'....~ ' HARDWARE: 5/8" LAG THRU-BOLT (HOT DIPPED GALVANIZED) ZOd & JOd NAILS (HOT DIPPED GALVANIZED) PURPOSE: EROSION CONTROL j ACCESS DATUM: MLW = 0.00' A.P.O.'s SEe M: WILLIAM WALKER LOT 1: ORlAN RIELEY LOT 2: WILLlSjsunoN MECHANICAL ENGINEERING SERVICES 1297 BRADDOCK AVENUE VIRGINIA BEACH, VA 23455 PH: (757) 477-4787 BULKHEAD AND PIER FOR: JEAN OWENS AT: 4905 ATHENS BLVD VIRGINIA BEACH, VA 23455 SHEET 4 OF 4 DATE: JAN 7, 2006 .. c . . E l .c- u. II III e c u · c.c Ule - i= :i"~ :J .. III II ... . 011: .. . . f- CHESAPEAKE BAY o I - 38 - Item v'J.6. RESOLUTION/ORDINANCES ITEM #55874 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Ordinance to A CCEPT a vehicle donation to the Police Department's Detective Bureau from Progressive Insurance Company. Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson December 5, 2006 1 2 3 AN ORDINANCE TO ACCEPT A DONATION OF A VEHICLE FROM PROGRESSIVE INSURANCE COMPANY TO THE POLICE DEPARTMENT'S DETECTIVE BUREAU 4 WHEREAS, Progressive Insurance would like to donate a used 5 vehicle to the Police Department; and 6 WHEREAS, the donated vehicle will be used within the Police 7 Department's Detective Bureau to aid in their investigative 8 efforts; and 9 WHEREAS, the City of Virginia Beach shall not be responsible 10 for the replacement of this vehicle. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 That the donation of a vehicle valued at approximately 14 $13,000 from Progressive Insurance Company is hereby accepted. 15 Adopted by the Council of the City of Virginia Beach, 16 Virginia, on the 5th day of December , 2006. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -Bw~-104.~ Management Services ~~Ji;- CA10216 V:\applications\citylawprod\cycom32\Wpdocs\D021\P001\O0023753.DOC R-2 November 21, 2006 - 39 - Item v'J. 7. RESOLUTION/ORDINANCES ITEM #55875 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $500,000 from the Federal Emergency Management Agency (FEMA) to the Fire Department's FY 2006-2007 Operating Budget re Hurricane Ernesto deployment. Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson December 5, 2006 1 2 3 4 5 6 7 8 AN ORDINANCE TO ACCEPT AND APPROPRIATE $ 5 0 0 , 000 FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY TO THE FIRE DEPARTMENT'S FY 2006-07 OPERATING BUDGET FOR A FEMA DEPLOYMENT RELATED TO HURRICANE ERNESTO WHEREAS, the Federal Emergency Management Agency (FEMA) 9 issued an alert order for members of the FEMA Virginia Task- 10 Force 2 Urban Search and Rescue for deployment and has approved 11 $500,000 in reimbursement costs for expenses related to 12 Hurricane Ernesto. 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA: 15 That $500,000 in federal funds is hereby accepted from the 16 Federal Emergency Management Agency and appropriated to the Fire 17 Department's FY 2006-07 Operating Budget for costs associated 18 with the deployment of members of the urban search and rescue 19 team, with federal revenue increased accordingly. 20 Accepted by the Council of the City of Virginia Beach, 21 Virginia on the 5th day of December , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: "- . ItUnU t K. ftLu. city AttorneyT OffIce CAI0217 V:\applications\citylawprod\cycom32\Wpdocs\D021\P002\OO023773.DOC R-3 November 29, 2006 - 40- Item V-K. PLANNING ITEM # 55876 1. KEMPSVILLE CHURCH OF CHRIST MODIFICATION OF CONDITIONAL USE PERMIT (Approved: July 2, 2002) 2. CITY OF VIRGINIA BEACH PUBLIC SCHOOLS CONDITIONAL USE PERMIT 3. CARPENTER'S HOUSE MINISTERIES CONDITIONAL USE PERMIT 4. HOLLAND ROAD BAPTIST CHURCH CONDITIONAL USE PERMIT 5. ROBERTA MADDOX CONDITIONAL USE PERMIT 6. PAYKAN, INC. CONDITIONAL USE PERMIT 7. T-MOBILE NORTHEAST, L.L.C. CONDITIONAL USE PERMIT December 5, 2006 - 41 - Item V-K.. PLANNING ITEM # 55877 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED Items 1, 2, 3, 4, 5, 6 and 7 of the PLANNING BY CONSENT AGENDA. Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson December 5, 2006 - 42- Item V-K.1. PLANNING ITEM # 55878 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council MODIFIED Conditions upon the application of KEMPSVILLE CHURCH OF CHRIST for a Conditional Use Permit (Approved: July 2, 2006) ORDINANCE UPON APPLICATION OF KEMPSVILLE CHURCH OF CHRIST FOR A MODIFICATION OF CONDITIONS OF A USE PERMIT FOR A CHURCH EXPANSION, GRANTED BY CITY COUNCIL ON JULY 2, 2002 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Kempsville Church of Christ for a Modification of Conditions of a Use Permit for a church expansion, granted by City Council on July 2, 2002, on property located at 5424 Parliament Drive (GPIN 1467431335). DISTRICT 2 - KEMPSVILLE The following conditions shall be required: 1. All conditions, with the exception of Number 2, Number 3 and Number 4, attached to the Conditional Use Permit granted by the City Council on July 2, 2002, shall remain in affect. 2. Condition Number 2 of the July 2, 2002, Conditional Use Permit is deleted and replaced with the following: The architectural style, building materials and colors of the 10,400 squarefoot Family Life Center and the storage building, as depicted on the plan entitled, "Kempsville Church of Christ, Preliminary Site Plan ", prepared by The Spectra Group, dated June 2, 2006, shall be substantially similar to the architectural style, building materials, and colors of the existing structures on the site. The elevations of these additions shall be reviewed and approved by the Planning Director prior to the issuance of a building permit. 3. Condition Number 3 of the July 2,2002, Conditional Use Permit is deleted and replaced with the following: Category I (evergreen shrubs) shall be installed along the north property line between Lots 1 and 2 of Yoder Estates and along the west property line behind the proposed storage building, adjacent to the Carolanne Swim Club property as depicted on the concept plan entitled "Kempsville Church of Christ, Preliminary Site Plan, " prepared by The Spectra Group, dated June 2,2006. 4. Condition Number 4 of the July 2, 2002, Conditional Use Permit is deleted and replaced with the following: The proposed storage building shall be no larger than 1,000 square feet and shall be located on the site so that it is no closer than twenty (20) feet from the western property line. The garage doors of the storage building (the 25 foot wide side) shall be accessed via the proposed parking area thereby eliminating the need for an additional driveway on Yoder Lane. All garage style doors of the storage building shall face the existing church property. December 5, 2006 - 43 - Item V-K.J. PLANNING ITEM # 55878 (Continued) 5. The stormwater management plan shall be updated and submitted to the Development Services Center duringfinal site plan review for water quantity and quality in accordance with the Public Works Specifications and Standards to include all new development and existing conditions. The stormwater management plan shall provide protectionfrom detrimentally impacting all downstream receiving storm drain systems. Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson December 5, 2006 - 44- Item V-.K.2. PLANNING ITEM # 55879 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED an Ordinance upon application of CITY OF VIRGINIA BEACH PUBLIC SCHOOLS for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA BEACH PUBLIC SCHOOLS FOR A CONDITIONAL USE PERMIT FOR REPLACEMENT OF THE EXISTING BUILDINGS R0120634192 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of the City of Virginia Beach Public Schools for a Conditional Use Permit for replacement of the existing buildings located at 233 North Witchduck Road with a new Secondary Alternative Education Academy Complex (GPIN 1467758167 - portion of). DISTRICT 2 - KEMPSVILLE The following conditions shall be required: 1. The site shall be developed substantially in accordance with the submitted site plan entitled "Virginia Beach Alternative Education Facility Preliminary Site Plan" dated 01 Sept 06, prepared by McKim & Creed. Said plan has been exhibited to the City Council and is on file in the Planning Department. 2. The building shall be constructed substantially in accordance with the submitted schematic elevations entitled "Alternative Education School Virginia Beach City Public Schools" dated 1 0-16-06, prepared by Rodriguez Ripley Maddux Motley Architects. Said plan has been exhibited to the City Council and is on file in the Planning Department. 3. A photometric (lighting) plan is to be submitted and approved during the City plan review process. All fixtures shall be of an appropriate height and design so as to prevent any direct reflection or glare towards adjacent uses and city streets. Lighting should be directed down at the ground and not horizontally or up in the air. 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 Fifth of December Two Thousand Six December 5, 2006 - 45- Item V-K.2. PLANNING ITEM # 55879 {Continued} Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and James 1. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson December 5, 2006 - 46- Item V-K.3 PLANNING ITEM # 55880 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED an Ordinance upon application of CARPENTER'S HOUSE MINISTRIESfor a Conditional Use Permit: ORDINANCE UPON APPLICATION OF CARPENTER'S HOUSE MINISTRIES FOR A CONDITIONAL USE PERMIT FOR RE-USE OF AN EXISTING BUILDING AS A CHURCH R0120634193 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Carpenter's House Ministries for a Conditional Use Permit for re-use of an existing building as a church on property located at 980 Broad Meadows Boulevard (GPIN 1468645411). DISTRICT 4 - BAYSIDE 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 buildingfor a church. 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 Fifth of December Two Thousand Six Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and James 1. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson December 5, 2006 - 47- Item V-K.4. PLANNING ITEM # 55881 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED an Ordinance upon application of HOLLAND ROAD BAPTIST CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF HOLLAND ROAD BAPTIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH R0120634194 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Holland Road Baptist Church for a Conditional Use Permit for a church on property located at 4881 Euclid Road (GPIN 1477129282). DISTRICT 2 - KEMPSVILLE The following conditions shall be required: 1. The site shall be developed substantially in accordance with the submitted site plan entitled "Holland Road Baptist Church Conditional Use Permit Schematic" dated August 2006, prepared by Engineering Resources Group, L.L. C. Said plan has been exhibited to the City Council and is on file in the Planning Department. 2. The building shall be constructed substantially in accordance with the submitted rendering perspective and front elevation entitled "Holland Road Baptist Church, Virginia Beach Virginia" dated August 16, 2006, prepared by Barnes Design Group, P. C. Said plan has been exhibited to the City Council and is on file in the Planning Department. 3. The two existing trailers on the site shall be removed from the site after the completion of Phase III. 4. The applicant shall submit a photometric plan for review and approval by the Planning Department. All fixtures shall be of an appropriate height and design so as to prevent any direct reflection or glare toward adjacent uses and city streets. Lighting should be directed down at the ground and not horizontally or up in the air. 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 Fifth of December Two Thousand Six December 5, 2006 - 48- Item V-K.4. PLANNING ITEM # 55881 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson December 5, 2006 - 49- Item V-K.5. PLANNING ITEM # 55882 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED an Ordinance upon application of ROBERTA MADDOXfor a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ROBERTA MADDOX FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY OF AN OUTDOOR NATURE (SKATEBOARD RAMP) R0120634195 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Roberta Maddox for a Conditional Use Permit for a recreational facility of an outdoor nature (skateboard ramp) on property located at 519 Delaware Avenue (GPIN 2427039631). DISTRICT 6 - BEACH The following conditions shall be required: 1. The ramp shall meet a five-foot (5) rear yard setback and five-foot (5) side yard setback from the property lines. It shall have railings on both ends that are no higher than three (3) feet above the deck. The overall height of the skateboard ramp, including the railings, shall be no higher than seven (7) feet 2. The ramp shall only be used between the hours of 10:00 A.M. and dusk 3. The ramp shall be constructed with the following components to ensure the noise level is reduced as much as possible: (a) insulation on the under side, and (b) sides and ends of the skateboard ramp shall be enclosed to attenuate sound 4. No one under the age of eighteen (18) shall be allowed to use the ramp without adult supervision 5. A chain shall be placed across the ramp when not in use so the ramp cannot be used 6. The applicant shall enforce the rules submitted with the application regarding use of the ramp. The Zoning Administrator shall annually evaluate whether the rules have been enforced and the conditions above have been adhered to. If the evaluation reveals that the rules and conditions are being met, the use permit shall be renewed for an additional year, with an annual evaluation thereafter. If the evaluation reveals that the rules and conditions are not being met, the Zoning Administrator shall refer the use permit to the City Council for revocation. 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 Fifth of December Two Thousand Six December 5, 2006 - 50- Item V-K.5. PLANNING ITEM # 55882 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson December 5, 2006 - 51 - Item V-.K.6.. PLANNING ITEM # 55883 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED an Ordinance upon application of P A YKAN, INC. for a Conditional Use Permit re existing motor vehicle sales facility expansion: ORDINANCE UPON APPLICATION OF PAYKAN, INC. FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES R0120634196 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Paykan, Inc. for a Conditional Use Permit for motor vehicle sales on property located at 234 North Witchduck Road (GPIN 1467853076). DISTRICT 2 - KEMPSVILLE The following conditions shall be required: 1. No physical improvements shall be made to the site beyond the landscape plantings shown on the site plan proffered with the Conditional Change of Zoning approved by the City Council on February 22, 2000, and as recorded at Deed Book 4206, Page 1703. The applicant shall install all plants shown on the plan and shall maintain those plants including the replacement of any plants that die. 2. The southernmost curb cut shall be chained off in such a way as to effectively close the cut as indicated on the plan described in Condition 1. 3. No loud speakers or outdoor speaker system shall be permitted on the site. 4. Any lighting for the site, including existing light fixtures located on the roof of the building, shall be installed and adjusted to prevent direct illumination, reflection or glare toward surrounding properties and public streets. Lighting shall be directed to the interior of the site and shall not reflect out horizontally or toward the sky. 5. No pennants, streamers, balloons, portable signs, banners or other devices designed to attract attention to the business, beyond the signs allowed by the City Zoning Ordinance and the display of vehicles, shall be displayed anywhere on the site or the vehicles. 6. Vehicles for sale or lease shall be displayed and parked within designated areas and no vehicles for sale or lease shall be parked or displayed within any portion of any public right-of-way or in any landscaped area. No vehicles for sale of lease shall be displayed on ramps, raised platforms, or similar structures. Storage of vehicles for sale or lease shall not obstruct access to the site for emergency response vehicles. 7. There shall be no more than nine (9) vehicles for sale or lease displayed on the site. 8. There shall be no vehicles parked, displayed or stored behind the portion of the building adjacent to Denn Lane. 9. There shall be no repair or maintenance of vehicles on the site. December 5, 2006 - 52 - Item V-K.6. PLANNING ITEM # 55883 (Continued) 10. There shall be no repair, maintenance, cleaning or detailing of vehicles within the adjacent streets and public right-ol-way. 11. Delivery trucks transporting and delivering vehicles for sale or lease to this business shall not obstruct traffic within any adjacent street or public right-ol-way, nor park or idle in any travel lane of any adjacent street or public right-ol-way. 12. This Conditional Use Permit shall terminate upon acquisition of the parcel by either the City of Virginia Beach or the Commonwealth of Virginia for Witchduck Road improvements (CIP 2-025). 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 Fifth of December Two Thousand Six Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McC/anan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson December 5, 2006 - 53 - Item V-K.7. PLANNING ITEM # 55884 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED an Ordinance upon application of T-MOBILE NORTHEAST, L.L. C. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF T-MOBILE NORTHEAST, L.L. C. FOR A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS MONOPOLE TOWER AND ANTENNAS ROI20634197 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of T-Mobile Northeast, L.L. C. for a Conditional Use Permit for a wireless communications monopole tower and antennas on property located at 136 South Lynnhaven Road (GPIN 1497532817). DISTRICT 6 - BEACH The following conditions shall be required: 1. The site and tower shall be developed substantially in accordance with the submitted development plans entitled "T-MOBILE NORTHEAST, LLC, LYNNHA VEN PRESBYTERIAN, site number VA30467-B ", prepared by ALLPRO Consulting Group, Inc., and dated 10/23/06. Said plan has been exhibited to the City Council and is on file in the Department of Planning. 2. The proposed tower and equipment shed shall be designed to accommodate three (3) users. 3. The Director of Planning may allow the installation of a type of antenna different from that shown on the plans described in Condition 1 if the Director determines that the proposed antenna type will not result in any undue impact beyond the antenna type shown in the plan described in Condition 1 and a structural report is submitted from a licensed structural engineer stating that the tower, with the proposed antennas, meets the structural standards established by the Electronics Industry Association and the local building code. 4. The proposed tower shall not exceed 120 feet in overall height, and shall be a monopole that meets or exceeds the structural criteria in the zoning ordinance 5. In addition to the NIER letter filed with this application, the applicant shall also provide a letter from a licensed radio frequency engineer noting that the cumulative non-ionizing electromagnetic radiation emitted from the tower does not exceed at ground level the lowest applicable standards established by the Federal government or the American National Standards Institute. 6. Unless a waiver is obtained from the Department of Communications and Information Technology (COM IT), a radio frequency emissions study (RF study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City emergency communications facilities, shall be provided prior to site plan approval for the original tower and for all subsequent users. December 5, 2006 - 54- Item V-K. 7. PLANNING ITEM # 55884 (Continued) 7. In the event interference with any City emergency communications facilities arises from the user(s) of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall cease operation to the extent necessary to stop the interference. 8. In the event that antennae on the tower are inactive for a period of two (2) years, the tower shall be removed at the applicant's expense. 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 Fifth of December Two Thousand Six Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and James 1. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson December 5, 2006 - 55 - Item v,K.J. APPOINTMENTS ITEM # 55885 BY CONSENSUS, City Council RESCHEDULED: ARTS AND HUMANITIES COMMISSION EMPLOYEE BENEFITS TASK FORCE HAMPTON ROADS ECONOMIC DEVELOPMENT AUTHORITY (HREDA) HUMAN RIGHTS COMMISSION INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA OPEN SPACE ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE PLANNING COMMISSION SOCIAL SERVICES BOARD December 5, 2006 - 56 - RECESS TO CLOSED SESSION ITEM # 55886 Mayor Meyera 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: LEGAL MATTERS: Consultation with legal counselor briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-3711 (A)(7). SPSA Mulch Site Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION (7:16 P.M.). Voting: 9-0 Council Members Voting Aye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel and Rosemary Wilson (Closed Session:. - 7:16 P.M. - 7:53 P.M.) December 5, 2006 - 57 - CERTIFICATION OF CLOSED SESSION ITEM # 55887 Mayor Meyera E. Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 5,2006, at 7:54 P.M for the purpose of CERTIFYING the CLOSED SESSION. Upon motion by Councilman Dyer, seconded by Councilman DeSteph, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel and Rosemary Wilson December 5, 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 inITEM # 55886, Page 56, and in accordance with me provisions of The Virginia Freedom of Information A~ 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. NO'ff, THEREFORE, BE IT RESOL VEn 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. ~=7.~~ uth Hodges mith, MMC City Clerk December 5, 2006 - 58 - Item V-O. ADJOURNMENT ITEM # 55888 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:55 P.M. t2~_1,;{0-,/.") Beverly 0. Hooks, CMC Chief Deputy City Clerk uth Hodges Smith, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia After ADJOURNMENT, Public Comments relative Non Agenda Items were heard and adjourned at 8:35 P.M. December 5, 2006 - 59- OPEN DIALOGUE Non Agenda Items P.J. Padrick, 5613 Lawson Hall Road, Phone: 464-6278, President - Northwest Beach Partnership. distributed a Resolution in support of a full service community Recreation Center on the Williams Farm site. Said Resolution is hereby made a part of the record. The Northwest Beach Partnership requests at least the design and engineering costs for this Recreation Center be funded from budget surplus monies Edward L. Fournier, 4514 East Honeygrove Road, Phone: 464-0824, spoke re the litter problem and the needfor street sweepers. Mr. Fournier referenced the open dumpsters in areas of Haygood, Independence Boulevard, Princess Anne Road and Aragona. Four (4) years ago, Housing and Neighborhood Preservation advised the litter problem would be reviewed. The problem is still in existence. Litter is still being blown by the winds from open dumpsters in the southside of Haygood Shopping Center and into the streets as far as Old Donation Shores. All lids on dumpsters should be closed when not in use. Linda Myers, 5892 Baynebridge Drive, Phone: 233-4070 or 408-0234, , a resident of Tarleton Oaks Condominiums (an established community). A compost facility was built "literally" in their back yard and near Tallwood Elementary School. Hydrogen sulfide, a poisonous gas, was identified. The entire neighborhood smells of ~~rotten" eggs. The property is owned by the City and part of the City's landfill. This involves a corner of the property not in use for the normal land filling operations and which has been leased to SPSAfor the purpose of the composting operations. Mr. Meyers is blaming various health problems on this facility as she already suffers from multiple chronic illnesses and is requesting the City purchase her home. Mrs. Myers has been dealing with this problem for 2-0 years. Mrs. Myers paid $240,000 for her home and now her home has devalued to $221,000 last year per the City's assessment. Dr. Judy R. McClary, 140 Thrasher Road, Chesapeake, Virginia, Phone: 477-3128, spoke re the SPSA issue as a concerned member of the community and a friend of Linda Myers. Dr. McClary is a Psycho- sociologist and has done considerable research regarding this compost facility. Dr. McClary referenced thirty-nine pages of relative lawsuits presented before the Supreme Court. Jeannette Jordan, 5908 Baynebridge Drive, resident of Tarleton Oaks Condominiums. Ms. Jordan has lost her sense of smell because of this compostfacility. Her mother, sufferingfrom Asthma had bought a condo adjacent to Ms. Jordan. She has been unable to live there and must live with her son in North Carolina. She has not been able to sell her Condo due to these conditions. December 5, 2006